[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2297 Reported in Senate (RS)]
<DOC>
Calendar No. 226
116th CONGRESS
1st Session
S. 2297
To authorize appropriations for the Coast Guard, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2019
Mr. Sullivan (for himself, Mr. Wicker, Ms. Cantwell, and Mr. Markey)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
September 26, 2019
Reported by Mr. Wicker, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Coast Guard
Authorization Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition.
TITLE I--AUTHORIZATIONS
Sec. 101. Authorizations of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Vessel safety standards.
Sec. 104. Availability of amounts for acquisition of additional
National Security Cutter.
Sec. 105. Procurement authority for polar security cutters.
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
Sec. 201. Authority for officers to opt out of promotion board
consideration.
Sec. 202. Temporary promotion authority for officers in certain grades
with critical skills.
Sec. 203. Grade on retirement.
Sec. 204. Career intermission program.
Sec. 205. Direct commissioning authority for individuals with critical
skills.
Sec. 206. Renewal of temporary early retirement authority.
Sec. 207. Strategy on leadership of the Coast Guard.
Sec. 208. Support of women serving in the Coast Guard.
Sec. 209. Policy on expedited transfer of members of the Coast Guard in
cases of sexual assault of dependents of
members.
Sec. 210. Due process protections for investigations, disciplinary
actions, and sanctions under Coast Guard
Academy policy on sexual harassment and
sexual violence.
Sec. 211. Consideration by Board of Visitors of the Coast Guard Academy
of the state of diversity and inclusion at
the Coast Guard Academy.
Subtitle B--Organization and Management Matters
Sec. 221. Continuation of Coast Guard pay during lapse in
appropriations.
Sec. 222. Authority to enter into agreements with National Coast Guard
Museum Association.
Sec. 223. Research projects; transactions other than contracts and
grants.
Sec. 224. Support of elementary and secondary education in science,
mathematics, and technology.
Sec. 225. Limitations on claims.
Sec. 226. Acquisition workforce authorities.
Sec. 227. Resolution by Chief Acquisition Officer of acquisition
disputes elevated to the Officer.
Sec. 228. Vessel conversion, alteration, and repair projects.
Sec. 229. Coast Guard Housing Fund.
Sec. 230. Operation and sustainment costs in major long-term
acquisition plans.
Sec. 231. Port, harbor, and coastal facility security.
Sec. 232. Access to resources during creosote-related building closures
at Coast Guard Base Seattle, Washington.
Sec. 233. Southern resident orca conservation and enforcement.
<DELETED>Sec. 234. Briefing on policy on issuance of warrants and
subpoenas and whistleblower protections by
agents of the Coast Guard Investigative
Service.
Sec. 234. Sense of Congress and report on implementation of policy on
issuance of warrants and subpoenas and
whistleblower protections by agents of the
Coast Guard Investigative Service.
Sec. 235. Procurement authority for heavy Great Lakes Icebreaker.
Sec. 236. Consideration of impact of Hurricane Michael in modification
of construction contracts for Offshore
Patrol Cutters.
Sec. 237. Inspector General report on access to Equal Opportunity
Advisors and Equal Employment Opportunity
Specialists.
Subtitle C--Access to Child Care for Coast Guard Families
Sec. 241. Report on child care and school age care assistance for
qualified families.
Sec. 242. Review of family support services website and online tracking
system.
Sec. 243. Study and survey on Coast Guard child care needs.
Sec. 244. Pilot program to expand access to child care.
Sec. 245. Improvements to Coast Guard-owned family housing.
Sec. 246. Briefing on transfer of family child care provider
qualifications and certifications.
Sec. 247. Employees of Coast Guard child development centers.
Sec. 248. Inspections of Coast Guard child development centers and
family child care providers.
Sec. 249. Expanding opportunities for family child care.
Sec. 250. Definitions.
Subtitle D--Reports
Sec. 261. Modifications of certain reporting requirements.
Sec. 262. Report on cybersecurity workforce.
Sec. 263. Report on navigation and bridge resource management.
Sec. 264. Report on the Arctic capabilities of the Armed Forces.
Sec. 265. Report on Arctic search and rescue.
Sec. 266. Report on helicopter life cycle support and recapitalization.
Sec. 267. Report on response to racial discrimination at the Coast
Guard Academy.
Sec. 268. Report on Coast Guard response capabilities for cyber
incidents on vessels entering ports or
waters of the United States.
Sec. 269. Study and report on Coast Guard interdiction of illicit drugs
in the transit zones.
Sec. 270. Report on effects of extreme weather and related events on
the Coast Guard.
Sec. 271. Comptroller General of the United States report on
Certificate of Compliance inspection
program with respect to vessels that carry
bulk liquified gases as cargo and liquefied
natural gas tank vessels.
Sec. 272. Comptroller General of the United States review and report on
the Coast Guard's International Port
Security Program.
Sec. 273. Comptroller General of the United States review and report on
the surge capacity of the Coast Guard.
Sec. 274. Comptroller General of the United States review and report on
the marine inspections program of the Coast
Guard.
Sec. 275. Comptroller General of the United States review and report on
the information technology program of the
Coast Guard.
Sec. 276. Comptroller General of the United States study and report on
access to health care by members of the
Coast Guard and dependents.
Sec. 277. Comptroller General of the United States study and report on
medical staffing standards and needs for
the Coast Guard.
Sec. 278. Comptroller General of the United States study and report on
vertical evacuation for tsunamis at Coast
Guard Station Grays Harbor, Washington.
Subtitle E--Other Matters
Sec. 291. Technical corrections.
TITLE III--MARITIME
Sec. 301. Electronic charts; equivalency.
Sec. 302. Common appropriation structure.
Sec. 303. Alternate safety compliance program exception for certain
vessels.
Sec. 304. License exemptions; repeal of obsolete provisions.
Sec. 305. Small passenger vessels and uninspected passenger vessels.
Sec. 306. National Offshore Safety Advisory Committee; representation.
Sec. 307. National Maritime Transportation System Advisory Committee.
Sec. 308. Security plans; reviews.
Sec. 309. Ice patrol; payments.
<DELETED>Sec. 310. Great Lakes pilotage advisory committee extension.
Sec. 310. Great Lakes Pilotage Advisory Committee.
Sec. 311. Report on liability limits applicable to the Coast Guard.
Sec. 312. Authority to waive operator of self-propelled uninspected
passenger vessel requirements.
Sec. 313. Towing vessel inspections; user fees.
TITLE IV--MISCELLANEOUS
Sec. 401. Common appropriation structure.
Sec. 402. Improved employment assistance.
Sec. 403. Unmanned maritime systems.
Sec. 404. Unmanned aircraft systems testing.
Sec. 405. Report of determination; technical correction.
Sec. 406. Towing vessels operating outside the boundary line.
Sec. 407. Repeal of Caribbean support tender authorization.
Sec. 408. Fairways.
Sec. 409. Nonoperating individuals.
Sec. 409. Sense of Congress regarding the maritime industry of the
United States.
Sec. 410. Abandoned seafarers fund amendments.
Sec. 411. Conforming amendments: training; public safety personnel.
Sec. 412. Accident and incident notification.
Sec. 413. Subrogated claims.
Sec. 414. Use of engine cut-off switch links.
Sec. 415. Equivalency authority.
Sec. 416. Arctic PARS Native engagement.
Sec. 417. Authorization of use of automatic identification systems
devices to mark fishing equipment.
Sec. 418. Direct hire authority for certain competitive service
positions in the Department of Homeland
Security.
Sec. 419. National policy, performance evaluations, and research
regarding vessel traffic service centers.
Sec. 420. Replacement vessel.
Sec. 421. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 422. United States commercial space-based radio frequency maritime
domain awareness testing and evaluation
program.
Sec. 423. Exemption of commercial fishing vessels operating in the
Alaskan Region from the Global Marine
Distress and Safety Service requirements of
the Federal Communications Commission.
Sec. 424. Educational vessel.
<DELETED>Sec. 425. Conveyance of Coast Guard real property at Point
Spencer, Alaska.
Sec. 425. Conveyance of Coast Guard real property at Point Spencer,
Alaska.
Sec. 426. Coast Guard shore infrastructure improvement.
Sec. 427. Coast Guard Arctic prioritization.
Sec. 428. National Commercial Fishing Safety Advisory Committee.
Sec. 429. Oil pollution research and development program.
Sec. 430. Medical standards.
Sec. 431. Northern Michigan oil spill response planning.
Sec. 432. Land-based unmanned aircraft system program of the Coast
Guard.
Sec. 433. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 434. Voting requirement.
TITLE V--FEDERAL MARITIME COMMISSION
Sec. 501. Short title.
Sec. 502. Authorization of appropriations.
SEC. 2. DEFINITION.
In this Act, the term ``Commandant'' means the Commandant of the
Coast Guard.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATIONS OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``provided
for, $7,914,195,000 for fiscal year 2019.'' and
inserting ``provided for--
``(i) $8,801,620,850 for fiscal year 2020; and
``(ii) $8,396,169,475 for fiscal year 2021.'';
(B) in subparagraph (B), by striking ``subparagraph
(A)'' in the matter preceding clause (i) and inserting
``subparagraph (A)(i)''; and
(C) by adding at the end the following:
``(C) Of the amount authorized under subparagraph (A)(ii)--
``(i) $17,119,000 shall be for environmental
compliance and restoration; and
``(ii) $204,344,000 shall be for the contribution
of the Coast Guard to the Department of Defense
Medicare-Eligible Retiree Health care Fund.'';
(2) in paragraph (2), by striking ``and equipment,
$2,694,745,000 for fiscal year 2019.'' and inserting ``and
equipment--
``(A) $2,694,745,000 for fiscal year 2020; and
``(B) $2,762,114,000 for fiscal year 2021.''; and
(3) in paragraph (3), by striking ``and equipment,
$29,141,000 for fiscal year 2019.'' and inserting ``and
equipment--
``(A) $29,141,000 for fiscal year 2020; and
``(B) $29,870,000 for fiscal year 2021.''.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a), by striking ``43,000 for fiscal year
2018 and 44,500 for fiscal year 2019'' and inserting ``44,500
for each of fiscal years 2020 and 2021''; and
(2) in subsection (b), by striking ``fiscal years 2018 and
2019'' and inserting ``fiscal years 2020 and 2021''.
SEC. 103. VESSEL SAFETY STANDARDS.
(a) Fishing Safety Training Grants Program.--Subsection (i) of
section 4502 of title 46, United States Code, is amended--
(1) in paragraph (3), by striking ``50 percent'' and
inserting ``75 percent''; and
(2) in paragraph (4), by striking ``2019'' and inserting
``2021''.
(b) Fishing Safety Research Grant Program.--Subsection (j) of such
section is amended--
(1) in paragraph (3), by striking ``50 percent'' and
inserting ``75 percent''; and
(2) in paragraph (4), by striking ``2019'' and inserting
``2021''.
(c) Fishing Safety Grants.--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.
SEC. 104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL
NATIONAL SECURITY CUTTER.
(a) In General.--Of the aggregate amount authorized to be
appropriated for fiscal years 2020 and 2021 by section 4902(2) of title
14, United States Code, as amended by section 101 of this Act,
$650,000,000 is authorized to be available for the acquisition of a
National Security Cutter.
(b) Treatment of Acquired Cutter.--Any Cutter acquired using
amounts available pursuant to subsection (a) shall be in addition to
the National Security Cutters approved under the existing acquisition
baseline in the program of record for the National Security Cutter.
SEC. 105. PROCUREMENT AUTHORITY FOR POLAR SECURITY CUTTERS.
(a) In General.--For fiscal year 2020 and each fiscal year
thereafter, the Secretary of the department in which the Coast Guard is
operating shall enter into one or more contracts for the procurement of
not fewer than three heavy polar security cutters and three medium
polar security cutters and the associated equipment for such polar
security cutters.
(b) Funding.--Of the amounts made available for fiscal years 2020
and 2021 by this Act, not less than $745,000,000 shall be available for
each heavy polar security cutter authorized to be procured in such
fiscal years.
(c) Prohibition on Contracts or Use of Funds for Development of
Common Hull Design.--Notwithstanding any other provision of law, the
Secretary of the department in which the Coast Guard is operating may
not enter into any contract for, and no funds shall be obligated or
expended on, the development of a common hull design for medium polar
security cutters and Great Lakes icebreakers.
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
SEC. 201. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD
CONSIDERATION.
(a) Active-Duty List Officers.--Section 2113 of title 14, United
States Code, is amended--
(1) by striking ``he'' each place it appears and inserting
``the officer'';
(2) by striking ``his'' each place it appears and inserting
``the officer's'';
(3) in subsection (c), by striking ``him'' and inserting
``the officer''; and
(4) 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, be excluded from
consideration by a selection board convened under 2106 of this title to
consider officers for promotion to the next higher grade.
``(2) The Commandant may only approve a request under paragraph (1)
if--
``(A) the basis for the request is to allow an officer to
complete a broadening assignment, advanced education, a unique
personal or professional goal, or another assignment of
significant value to the Coast Guard, or a career progression
requirement delayed by the assignment, education, or goal;
``(B) the Commandant determines the exclusion from
consideration is in the best interest of the Coast Guard; and
``(C) the officer has not previously failed selection for
promotion to the grade for which the officer requests the
exclusion from consideration.''.
(b) Reserve Active-Status List Officers.--The text of section 3743
of title 14, United States Code, is amended to read as follows:
``(a) In General.--A Reserve officer is eligible for consideration
for promotion and for promotion under this subchapter, if that officer
is in an active status.
``(b) Ineligibility.--A Reserve officer who has been considered but
not recommended for retention in an active status by a board convened
under section 3752(a) of this title, is not eligible for consideration
for promotion.
``(c) Authority To Opt Out of Promotion Board Consideration.--
``(1) In general.--The Commandant may provide that an
officer may, upon the officer's request, 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) Requirements.--The Commandant may only approve a
request under paragraph (1) if--
``(A) the basis for the request is to allow an
officer to complete a broadening assignment, advanced
education, a unique personal or professional goal, or
another assignment of significant value to the Coast
Guard, or a career progression requirement delayed by
the assignment, education, or goal;
``(B) the Commandant determines the exclusion from
consideration is in the best interest of the Coast
Guard; and
``(C) the officer has not previously failed of
selection for promotion to the grade for which the
officer requests the exclusion from consideration.''.
SEC. 202. TEMPORARY PROMOTION AUTHORITY FOR OFFICERS IN CERTAIN GRADES
WITH CRITICAL SKILLS.
(a) In General.--Subchapter I of chapter 21 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 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--
``(1) has a skill in which the Coast Guard has a critical
shortage of personnel (as determined by the Secretary); and
``(2) is serving in a position (as determined by the
Secretary) that--
``(A) is designated to be held by a lieutenant,
lieutenant commander, commander, or captain; and
``(B) requires that an officer serving in such
position have the skill possessed by such officer.
``(c) Preservation of Position and Status of Officers Appointed.--
(1) The temporary positions authorized by this section shall not be
counted among or included in the list of positions on the active duty
promotion list.
``(2) An appointment under this section does not change the
position on the active-duty promotion list or the permanent,
probationary, or acting status of the officer so appointed, prejudice
the officer in regard to other promotions or appointments, or abridge
the rights or benefits of the officer.
``(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 from 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;
``(3) if the officer is determined to have engaged in
misconduct or displayed substandard performance in the position
concerned; or
``(4) when otherwise determined by the Commandant to be in
the best interests of the Coast Guard.
``(g) Limitation on Number of Eligible Positions.--An appointment
under this section may only be made for service in a position
designated by the Secretary for the purposes of this section. The
number of positions so designated may not exceed the following:
``(1) As lieutenant, the number equal to 0.2 percent of the
authorized number of lieutenants in the Coast Guard as of the
end of the fiscal year in which the appointment is made.
``(2) As lieutenant commander, the number equal to 0.6
percent of the authorized number of lieutenant commanders in
the Coast Guard as of the end of the fiscal year in which the
appointment is made.
``(3) As commander, the number equal to 0.3 percent of the
authorized number of commanders in the Coast Guard as of the
end of the fiscal year in which the appointment is made.
``(4) As captain, the number equal to 0.15 percent of the
authorized number of captains in the Coast Guard as of the end
of the fiscal year in which the appointment is made.''.
(b) Analysis for Chapter 21.--The analysis for chapter 21 of title
14, United States Code, is amended by inserting after the item relating
to section 2129 the following:
``2130. Promotion to certain grades for officers with critical skills;
captain, commander, lieutenant commander,
lieutenant.''.
SEC. 203. GRADE ON RETIREMENT.
(a) Retirement of Commandant or Vice Commandant.--Section 303 of
title 14, United States Code, is amended by adding at the end the
following:
``(d) Retirement under this section is subject to section 2501(a)
of this title.''.
(b) Retirement.--Section 306 of title 14, United States Code, is
amended--
(1) in subsection (a), by inserting ``satisfactorily, as
determined under section 2501 of this title'' before the
period;
(2) in subsection (b), by inserting ``satisfactorily, as
determined under section 2501 of this title'' before the
period; and
(3) in subsection (c), by inserting ``if performance of
duties in such grade is determined to have been satisfactory
pursuant to section 2501 of this title'' before the period.
(c) Grade on Retirement.--Section 2501 of title 14, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``Any commissioned officer, other
than a commissioned warrant officer,'' and inserting
``Commissioned Officers.--
``(1) In general.--A commissioned officer'';
(B) by striking ``him'' and inserting ``the
commissioned officer'';
(C) by striking ``his'' and inserting ``the
commissioned officer's''; and
(D) by adding at the end the following:
``(2) Conditional determination.--When a commissioned
officer is under investigation for alleged misconduct at the
time of retirement--
``(A) the Secretary may conditionally determine the
highest grade of satisfactory service of the
commissioned officer pending completion of the
investigation; and
``(B) the grade under subparagraph (A) is subject
to resolution under subsection (c)(2).'';
(2) in subsection (b)--
(A) by inserting ``Warrant Officers.--'' after
``(b)'';
(B) by striking ``him'' and inserting ``the warrant
officer''; and
(C) by striking ``his'' and inserting ``the warrant
officer's''; and
(3) by adding at the end the following:
``(c) Retirement in Lower Grade.--
``(1) Misconduct in lower grade.--In the case of a
commissioned officer whom the Secretary determines committed
misconduct in a lower grade, the Secretary may determine the
commissioned officer has not served satisfactorily in any grade
equal to or higher than that lower grade.
``(2) Adverse findings.--A determination of the retired
grade of a commissioned officer shall be resolved following a
conditional determination under subsection (a)(2) if the
investigation of or personnel action against the commissioned
officer results in adverse findings.
``(3) Recalculation of retired pay.--If the retired grade
of a commissioned officer is reduced pursuant to this
subsection, the retired pay of the commissioned officer shall
be recalculated under chapter 71 of title 10, and any
modification of the retired pay of the commissioned officer
shall go into effect on the effective date of the reduction in
retired grade.
``(d) Finality of Retired Grade Determinations.--
``(1) In general.--Except as provided in paragraph (2), a
determination of the retired grade of a commissioned officer
under this section is administratively final on the day the
commissioned officer is retired, and may not be reopened.
``(2) Reopening determinations.--A determination of the
retired grade of a commissioned officer may be reopened if--
``(A) the retirement or retired grade of the
commissioned officer was procured by fraud;
``(B) substantial evidence comes to light after the
retirement that could have led to a lower retired grade
under this section and such evidence was known by
competent authority at the time of retirement;
``(C) a mistake of law or calculation was made in
the determination of the retired grade;
``(D) in the case of a retired grade following a
conditional determination under subsection (a)(2), the
investigation of or personnel action against the
commissioned officer results in adverse findings; or
``(E) the Secretary determines, under regulations
prescribed by the Secretary, that good cause exists to
reopen the determination.
``(3) Requirements.--If a determination of the retired
grade of a commissioned officer is reopened under paragraph
(2), the Secretary--
``(A) shall notify the commissioned officer of the
reopening; and
``(B) may not make an adverse determination on the
retired grade of the commissioned officer until the
commissioned officer has had a reasonable opportunity
to respond regarding the basis of the reopening.
``(4) Recalculation of retired pay.--If the retired grade
of a commissioned officer is reduced through the reopening of
the commissioned officer's retired grade under paragraph (2),
the retired pay of the commissioned officer shall be
recalculated under chapter 71 of title 10, and any modification
of the retired pay of the commissioned officer shall go into
effect on the effective date of the reduction in retired grade.
``(e) Inapplicability to Commissioned Warrant Officers.--This
section, including subsection (b), shall not apply to commissioned
warrant officers.''.
SEC. 204. CAREER INTERMISSION PROGRAM.
(a) In General.--Subchapter I of chapter 25 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 2514. Career flexibility to enhance retention of members
``(a) Program Authorized.--The Commandant may carry out a program
under which members of the Coast Guard may be inactivated from active
service 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 the 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 3 years.
``(2) Total years of service.--Any service by a Reserve
officer while participating in the program under this section
shall be excluded from computation of the total years of
service of that officer under section 14706(a) of title 10.
``(3) Retirement or transfer.--Any period of participation
of a member in the program under this section shall not count
toward--
``(A) eligibility for retirement or transfer to the
Ready Reserve under chapter 841 or 1223 of title 10; or
``(B) computation of retired or retainer pay under
chapter 71 or 1223 of title 10.
``(c) Agreement.--Each member of the Coast Guard who participates
in the program under this section shall enter into a written agreement
with the Commandant under which agreement 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.
``(3) Following completion of the period of the
inactivation of the member from active service under the
program, to serve 2 months as a member of the Coast Guard on
active service for each month of the period of the inactivation
of the member from active service under the program.
``(d) Conditions of Release.--The Commandant shall--
``(1) prescribe regulations specifying the guidelines
regarding the conditions of release that must be considered and
addressed in the agreement required by subsection (c); and
``(2) at a minimum, prescribe the procedures and standards
to be used to instruct a member on the obligations to be
assumed by the member under subsection (c)(2) 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 the 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) In general.--During each month of participation in
the 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) Limitations.--
``(A) Special or incentive pay or bonuses.--A
member who participates in the 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 section 1925 of this
title or chapter 5 of title 37 that is in force when
the member commences participation in the program.
``(B) Not treated as failure to perform.--The
inactivation from active service of a member
participating in the 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 section
1925 of this title or chapter 5 of title 37 that is in
force when the member commences participation in the
program.
``(3) Return to service.--
``(A) In general.--Subject to subparagraph (B),
upon the return of a member to active service after
completion by the member of participation in the
program--
``(i) any agreement entered into by the
member under section 1925 of this title or
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
``(ii) any special or incentive pay or
bonus shall be payable to the member in
accordance with the terms of the agreement
concerned for the term specified in clause (i).
``(B) Nonapplicability.--Subparagraph (A)--
``(i) 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--
``(I) such pay or bonus is no
longer authorized by law; or
``(II) the member does not satisfy
eligibility criteria for such pay or
bonus as in effect at the time of the
return of the member to active service;
and
``(ii) 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 section 1925 of this title or
chapter 5 of title 37.
``(D) Service in addition to other service.--Any
service required of a member under an agreement covered
by this paragraph after the member returns to active
service as described in subparagraph (A) shall be in
addition to any service required of the member under an
agreement under subsection (c).
``(4) Travel and transportation allowances.--
``(A) In general.--Subject to subparagraph (B), a
member who participates in the program is entitled,
while participating in the program, to the travel and
transportation allowances authorized by section 474 of
title 37 for--
``(i) travel performed from the residence
of the member, at the time of release from
active service to participate in the program,
to the location in the United States designated
by the member as his residence during the
period of participation in the program; and
``(ii) travel performed to the residence of
the member upon return to active service at the
end of the participation of the member in the
program.
``(B) Limitations.--An allowance is payable under
this paragraph only with respect to travel of a member
to and from a single residence.
``(5) Leave balances.--A member who participates in the
program is entitled to carry forward the leave balance existing
as of the day on which the member begins participation and
accumulated in accordance with section 701 of title 10, but not
to exceed 60 days.
``(g) Promotion.--
``(1) Ineligibility.--
``(A) In general.--An officer participating in the
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.
``(B) Return to active service.--Upon the return of
an officer to active service after completion by the
officer of participation in the program--
``(i) the Commandant may adjust the date of
rank of the officer in such manner as the
Commandant may prescribe in regulations for
purposes of this section; and
``(ii) the officer shall be eligible for
consideration for promotion when officers of
the same grade and seniority are eligible for
consideration for promotion.
``(2) Period of ineligibility.--An enlisted member
participating in the program shall not be eligible for
consideration for advancement during the period that--
``(A) begins on the date of the inactivation of the
member from active service under the program; and
``(B) ends at such time after the return of the
member to active service under the program that the
member is treatable as eligible for advancement by
reason of time in grade and such other requirements as
the Commandant may prescribe in regulations for
purposes of the program.
``(h) Continued Entitlement.--A member participating in the 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 title 10; 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.''.
(b) Analysis for Chapter 25.--The analysis for chapter 25 of title
14, United States Code, is amended by inserting after the item relating
to section 2513 the following:
``2514. Career flexibility to enhance retention of members.''.
SEC. 205. DIRECT COMMISSIONING AUTHORITY FOR INDIVIDUALS WITH CRITICAL
SKILLS.
(a) In General.--Subchapter II of chapter 37 of title 14, United
States Code, is amended by inserting after section 3738 the following:
``Sec. 3738a. Direct commissioning authority for individuals with
critical skills
``An individual with critical skills that the Commandant consider
necessary for the Coast Guard to complete its missions who is not
currently serving as an officer in the Coast Guard, may be commissioned
into the Coast Guard at a grade up to, and including, commander.''.
(b) Analysis for Chapter 37.--The analysis for chapter 37 of title
14, United States Code, is amended by inserting after the item relating
to section 3738 the following:
``3738a. Direct commissioning authority for individuals with critical
skills.''.
SEC. 206. RENEWAL OF TEMPORARY EARLY RETIREMENT AUTHORITY.
Section 219 of the Coast Guard and Maritime Transportation Act of
2012 (Public Law 112-213; 10 U.S.C. 1293 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``For fiscal years 2013 through 2018'' and inserting ``For
fiscal years 2019 through 2025''; and
(2) in paragraph (1), by striking ``subsection (c)(2)(A)''
and inserting ``subsection (c)(1)''.
SEC. 207. STRATEGY ON LEADERSHIP OF THE COAST GUARD.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall develop and make available to the public
a strategy to improve leadership development in the Coast Guard,
including mechanisms to address toxic leadership in the Coast Guard.
(b) Elements.--The strategy shall include the following:
(1) Mechanisms to foster positive and productive leadership
qualities in emerging Coast Guard leaders, beginning, at
minimum, members at grade O-2 for officers, members at grade E-
6 for enlisted members, and members training to become an
officer-in-charge.
(2) Mechanisms for the ongoing evaluation of unit
commanders, including identification of toxic leadership
qualities in commanders.
(3) Formal training on the recognition of toxic leadership
qualities (in self and others), including at leadership
seminars and school houses in the Coast Guard, including means
to correct such qualities.
(4) Clear and transparent policies on standards for command
climate, leadership qualities, and inclusion.
(5) Policy to ensure established and emerging leaders have
access to hands-on training and tools to improve diversity and
inclusion.
(6) Policy and procedures for commanders to identify and
hold accountable toxic leaders.
(c) Toxic Leadership Defined.--In this section, the term ``toxic
leadership'' has the meaning given that term for purposes of Army
Doctrine Publication 6-22.
SEC. 208. SUPPORT OF WOMEN SERVING IN THE COAST GUARD.
(a) Consideration of Women's Issues by Board of Visitors of Coast
Guard Academy.--Section 1903(d) of title 14, United States Code, is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following new
paragraph (6):
``(6) women's issues; and''.
(b) National Coast Guard Women's Leadership Committee.--
(1) In general.--The Commandant shall establish within the
Coast Guard a national advisory board to be known as the
``National Coast Guard Women's Leadership Committee'' (in this
subsection referred to as the ``Committee'').
(2) Membership.--The Committee shall be composed of such
number of members as the Commandant considers appropriate,
selected by the Commandant through a public selection process
from among applicants for membership on the Committee. The
members of the Committee shall, to the extent practicable,
represent the range and diversity of the Coast Guard. The
members of the Committee shall include an equal number of each
of the following:
(A) Active duty officers of the Coast Guard.
(B) Active duty enlisted members of the Coast
Guard.
(C) Members of the Coast Guard Reserve.
(D) Retired members of the Coast Guard.
(3) Duties.--The Committee--
(A) shall advise the Commandant on improvements to
the recruitment, retention, success, and well-being of
women serving in the Coast Guard;
(B) may submit to the Secretary of the department
in which the Coast Guard is operating, and to the
Commandant, recommendations in connection with its
duties under this subsection, including recommendations
to implement the advice described in subparagraph (A);
and
(C) may brief Congress on its duties under this
subsection, including the advice described in
subparagraph (A) and any recommendations described in
subparagraph (B).
(c) Advisory Committee on Women's Leadership at the Coast Guard
Academy.--
(1) In general.--The Superintendent of the Coast Guard
Academy shall establish at the Coast Guard Academy an advisory
committee to be known as the Advisory Committee on Women's
Leadership at the Coast Guard Academy (in this subsection
referred to as the ``Advisory Committee'').
(2) Membership.--The Advisory Committee shall be composed
of not fewer than 12 current cadets of the Coast Guard Academy,
including not fewer than 3 cadets from each current class.
(3) Appointment; term.--Cadets shall serve on the Advisory
Committee pursuant to appointment by the Superintendent.
Appointments shall be made not later than 60 days after the
swearing in of a new class of cadets at the Academy. The term
of membership of a cadet on the Advisory Committee shall be one
year.
(4) Meetings.--The Advisory Committee shall meet with the
Commandant not less frequently than once each academic year of
the Coast Guard Academy on the duties of the Advisory
Committee. The Advisory Committee shall meet in person with the
Superintendent not less frequently than twice each such
academic year on the duties of the Advisory Committee.
(5) Duties.--The Advisory Committee shall identify cultural
opportunities and challenges facing women cadets at the
Academy, including an assessment of culture, leadership
development, access to health care, and overall well-being of
women cadets at the Academy.
(6) Advisory groups.--The Advisory Committee may establish
one or more advisory groups to assist the Advisory Committee in
carrying out its duties, including advisory groups composed in
part of cadets at the Academy who are not current members of
the Advisory Committee.
(7) Reports and briefings.--The Advisory Committee shall
regularly provide the Commandant and the Superintendent reports
and briefings on the results of its duties, including
recommendations for actions to be taken in light of such
results. Such reports and briefings may be provided in writing,
in person, or both.
(d) Curriculum and Training on Climate and Culture Concerns.--The
Secretary of the department in which the Coast Guard is operating shall
periodically update curriculum and training toward inclusive leadership
and positive climate in the Coast Guard, and shall develop a plan to
synchronize such updates to respond to the findings of the RAND gender
diversity report, delivered at each of the following:
(1) Officer accession points, including the Coast Guard
Academy and the Leadership Development Center.
(2) Enlisted member accession at the United States Coast
Guard Training Center Cape May, New Jersey.
(3) The officer, enlisted member, and civilian leadership
courses managed by the Leadership Development Center.
(e) Action Plan.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall submit to
Congress, and make available to the public on an internet
website of the Coast Guard available to the public, a report on
the implementation of the recommendations of the RAND gender
diversity report.
(2) Elements.--The report shall set forth the following:
(A) A review and assessment of the status of
actions on the recommendations in the RAND gender
diversity report.
(B) Additional recommendations to improve the
recruitment and retention of women in the Coast Guard.
(C) A plan (including milestones) for actions being
taken by the Coast Guard to implement the
recommendations in the RAND gender diversity report and
the additional recommendations described in
subparagraph (B), including recommendations for such
legislative or administrative action as may be required
in order to carry out the plan.
(D) A plan to launch and maintain an internet
website for the sharing of significant policy,
benefits, services, and resources, and relevant
announcements, in order to centralize resources and
tools provided by the Coast Guard, and other resources
(as appropriate), to improve gender diversity and
retention of women in the Coast Guard.
(3) Consultation.--In preparing the report, the Commandant
shall consult with the National Coast Guard Women's Leadership
Committee established pursuant to subsection (b).
(f) RAND Gender Diversity Report Defined.--In this section, the
term ``RAND gender diversity report'' means the 2019 report of the
Homeland Security Operational Analysis Center of the RAND Corporation
entitled ``Improving Gender Diversity in the U.S. Coast Guard:
Identifying Barriers to Female Retention''.
SEC. 209. POLICY ON EXPEDITED TRANSFER OF MEMBERS OF THE COAST GUARD IN
CASES OF SEXUAL ASSAULT OF DEPENDENTS OF MEMBERS.
Not later than 180 days after the date of the enactment of this
Act, the Commandant shall establish a policy to permit the transfer of
a member of the Coast Guard whose dependent is the victim of sexual
assault committed by a member of the Armed Forces who is not related to
the victim.
SEC. 210. DUE PROCESS PROTECTIONS FOR INVESTIGATIONS, DISCIPLINARY
ACTIONS, AND SANCTIONS UNDER COAST GUARD ACADEMY POLICY
ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE.
Section 1902(b) of title 14, United States Code, is amended by
adding at the end the following:
``(7) Notice that any action relating to the policy taken
by the Academy against a cadet or other Academy personnel,
including an investigation, a disciplinary action, a sanction,
and any other administrative action, is carried out in a manner
that provides due process protections.''.
SEC. 211. CONSIDERATION BY BOARD OF VISITORS OF THE COAST GUARD ACADEMY
OF THE STATE OF DIVERSITY AND INCLUSION AT THE COAST
GUARD ACADEMY.
Section 1903(d) of title 14, United States Code, as amended by
section 208(a) of this Act, is further amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph (7):
``(7) the state of diversity and inclusion; and''.
Subtitle B--Organization and Management Matters
SEC. 221. CONTINUATION OF COAST GUARD PAY DURING LAPSE IN
APPROPRIATIONS.
(a) In General.--Chapter 27 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 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;
``(2) to provide pay and benefits to qualified civilian
employees of the Coast Guard;
``(3) to provide pay and benefits to qualified contract
employees of the Coast Guard;
``(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;
``(B) the payment or reimbursement of authorized
funeral travel and travel related to the dignified
transfer of remains and unit memorial services under
section 481f of title 37, with respect to members of
the Coast Guard; and
``(C) the temporary continuation of a basic
allowance of housing for dependents of members of the
Coast Guard dying on active duty, as authorized by
section 403(1) of title 37; and
``(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--
``(1) a general appropriation bill providing appropriations
for the Coast Guard for a fiscal year is not enacted before the
beginning of such fiscal year (and no joint resolution making
continuing appropriations for the Coast Guard is in effect);
and
``(2) a general appropriation bill providing appropriations
for the Department of Defense for such fiscal year is enacted
before the beginning of such fiscal year (or a joint resolution
making continuing appropriations for the Department of Defense
is in effect).
``(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.
``(2) The enactment into law of an appropriation (including
a continuing appropriation) for the Coast Guard without
provision for such purpose.
``(3) The termination of availability of appropriations for
the Department of Defense.
``(4) The date that is 180 days after the beginning of the
Coast Guard-specific funding lapse.
``(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) The term `qualified civilian employee' means a
civilian employee of the Coast Guard whom the Commandant
determines is--
``(A) providing support to members of the Coast
Guard or another Armed Force; or
``(B) performing work as an excepted employee or an
employee performing emergency work, as those terms are
defined by the Office of Personnel Management.
``(2) The term `qualified contract employee of the Coast
Guard' means an individual performing work under a contract
whom the Commandant determines is--
``(A) providing support to military members or
qualified civilian employees of the Coast Guard or
another Armed Force; or
``(B) required to perform work during a lapse in
appropriations.''.
(b) Analysis for Chapter 27.--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.''.
SEC. 222. AUTHORITY TO ENTER INTO AGREEMENTS WITH NATIONAL COAST GUARD
MUSEUM ASSOCIATION.
Section 316 of title 14, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Agreements With National Coast Guard Museum Association.--
``(1) The Commandant may offer to enter into one or more
agreements with the National Coast Guard Museum Association
(referred to in this subsection as the `Association') for any
purpose the Commandant considers beneficial to the Coast Guard.
``(2) With respect to the construction of the National
Coast Guard Museum, the Commandant may--
``(A) permit the Association to enter into one or
more contracts for the design and construction of the
National Coast Guard Museum; and
``(B) carry out oversight responsibilities that,
among other things, ensures construction of the museum
will comport with future Coast Guard operations and
sustainment after it is accepted by the Secretary.
``(3)(A) On the satisfactory completion of the National
Coast Guard Museum and the satisfaction by the Association of
any financial obligations incident to the National Coast Guard
Museum--
``(i) the Commandant may accept the National Coast
Guard Museum from the Association; and
``(ii) all right, title, and interest in and to the
National Coast Guard Museum shall vest in the United
States.
``(B) Beginning on the date on which the Commandant accepts
the National Coast Guard Museum under subparagraph (A), the
Commandant shall assume administrative jurisdiction over the
National Coast Guard Museum.
``(C) Before the date on which the Commandant accepts the
National Coast Guard Museum under subparagraph (A), the
Association may lease the National Coast Guard Museum to the
Commandant--
``(i) under such terms and conditions as the
Commandant considers appropriate; and
``(ii) for use consistent with the purposes of the
National Coast Guard Museum.
``(D) After the date on which the Commandant accepts the
National Coast Guard Museum under subparagraph (A), the
Commandant may lease 1 or more portions of the National Coast
Guard Museum to the Association--
``(i) under such terms and conditions as the
Commandant considers appropriate; and
``(ii) for use consistent with the purposes of the
National Coast Guard Museum.
``(E) Prior to the acceptance of the National Coast Guard
Museum by the Commandant under subparagraph (A), the Commandant
may coordinate with, and provide advice to, the Association for
purposes of establishing the National Coast Guard Museum.
``(4) The Commandant may require such additional terms and
conditions with respect to an agreement or lease authorized
under this subsection as the Commandant considers appropriate
to protect the interests of the United States.''.
SEC. 223. RESEARCH PROJECTS; TRANSACTIONS OTHER THAN CONTRACTS AND
GRANTS.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by inserting after section 717 the following:
``Sec. 717a. 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) under the authority of this subsection in
carrying out basic, applied, and advanced research projects. The
authority under this subsection is in addition to the authority
provided in section 717 of this title to use contracts, cooperative
agreements, and grants in carrying out such projects. The authority
under this subsection shall expire on September 30, 2025.
``(b) Advance Payments.--The authority provided under subsection
(a) may be exercised without regard to section 3324 of title 31.
``(c) Recovery of Funds.--
``(1) In general.--A cooperative agreement for performance
of basic, applied, or advanced research authorized by section
717 of this title 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 other transaction.
``(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 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.--The Commandant shall ensure that, to the maximum
extent practicable, no cooperative agreement containing a clause under
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.
``(e) Education and Training.--The Commandant shall--
``(1) ensure that management, technical, and contracting
personnel of the Coast Guard involved in the award or
administration of transactions under this section or other
innovative forms of contracting are afforded opportunities for
adequate education and training on such transactions and forms
of contracting; and
``(2) establish minimum levels and requirements for
continuous and experiential learning on such transactions and
forms of contracting for such personnel, including levels and
requirements for acquisition certification programs.
``(f) 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 5 years after the date on which the
information is received by the Coast Guard.
``(2) Information described.--
``(A) Applicability.--Paragraph (1) applies to the
information described in subparagraph (B) that is in
the records of the Coast Guard 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 of this title or another transaction
authorized by subsection (a).
``(B) Information described.--The information
described in this subparagraph is as follows:
``(i) A proposal, proposal abstract, and
supporting documents.
``(ii) A business plan submitted on a
confidential basis.
``(iii) Technical information submitted on
a confidential basis.
``(g) Regulations.--The Commandant shall prescribe regulations, as
necessary, to carry out this section.
``(h) Transparency.--Not later than 60 days after the date that a
transaction agreement is made under subsection (a), the Commandant
shall make available to the public, in a searchable format on an
Internet website of the Coast Guard, information on the transaction
agreement, including an estimate of committed Coast Guard resources for
and the expected benefits to the Coast Guard from the transaction
agreement, with appropriate redactions for proprietary, sensitive, or
classified information.
``(i) Reports.--
``(1) In general.--Not later than December 30 each year
through 2025, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the use by the Coast Guard of
additional transaction authority under subsection (a) during
the fiscal year ending in such year.
``(2) Contents.--Each report under paragraph (1) shall
include--
``(A) for each transaction agreement under
subsection (a) in effect during the fiscal year covered
by the report--
``(i) an indication whether the transaction
agreement is a reimbursable, non-reimbursable,
or funded agreement;
``(ii) a description of--
``(I) the subject and terms;
``(II) the parties;
``(III) the value;
``(IV) the extent of the cost
sharing among Federal Government and
non-Federal sources;
``(V) the duration or schedule; and
``(VI) all milestones;
``(iii) an indication whether the
transaction agreement was renewed during such
fiscal year;
``(iv) the technology areas in which
research projects were conducted under the
transaction agreement;
``(v) the extent to which the use of the
transaction agreement--
``(I) has contributed to a
broadening of the technology and
industrial base available for meeting
Coast Guard needs; and
``(II) has fostered within that
technology and industrial base new
relationships and practices that
support the United States; and
``(vi) the total value received by the
Federal Government under the transaction
agreement during such fiscal year; and
``(B) a list of all anticipated reimbursable,
nonreimbursable, and funded transaction agreements
under subsection (a) during the fiscal year in which
the report is submitted.''.
(b) Analysis for Chapter 7.--The analysis for chapter 7 of title
14, United States Code, is amended by inserting after the item relating
to section 717 the following:
``717a. Research projects; transactions other than contracts and
grants.''.
SEC. 224. SUPPORT OF ELEMENTARY AND SECONDARY EDUCATION IN SCIENCE,
MATHEMATICS, AND TECHNOLOGY.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 719. Support of elementary and secondary education in science,
mathematics, and technology
``(a) In General.--The Secretary of the department in which the
Coast Guard is operating, in coordination with the Secretary of
Education, may establish programs for the purpose of improving the
mathematics and scientific knowledge and skills of elementary and
secondary school students and faculty members.
``(b) Cooperation With Department of Defense.--The Secretary of the
department in which the Coast Guard is operating may cooperate and
coordinate with the Secretary of Defense for the purpose of improving
the mathematics and scientific knowledge and skills of elementary
school students and faculty members, including participating in the
Department of Defense STARBASE Program under section 2193b of title 10.
``(c) Areas of Focus.--In addition to general mathematics and
scientific knowledge, any program or activity carried out under
subsection (a) or (b) may also focus on areas of specific Coast Guard
expertise, including limnology, marine science, and oceanography.''.
(b) Analysis for Chapter 7.--The analysis for chapter 7 of title
14, United States Code, is amended by adding at the end the following
new item:
``719. Support of elementary and secondary education in science,
mathematics, and technology.''.
SEC. 225. LIMITATIONS ON CLAIMS.
(a) Admiralty Claims Against the United States.--Section 937(a) of
title 14, United States Code, is amended by striking ``$100,000'' and
inserting ``$425,000''.
(b) Claims for Damage to Property of the United States.--Section
938 of title 14, United States Code, is amended by striking
``$100,000'' and inserting ``$425,000''.
SEC. 226. ACQUISITION WORKFORCE AUTHORITIES.
(a) In General.--Subchapter I of chapter 11 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 1111. Acquisition workforce authorities
``(a) Expedited Hiring Authority.--
``(1) In general.--For purposes of section 3304 of title 5,
the Commandant may--
``(A) designate any category of acquisition
positions within the Coast Guard as shortage category
positions; and
``(B) use the authorities in such section to
recruit and appoint highly qualified persons directly
to positions so designated.
``(2) Reports.--The Commandant shall include in reports
under section 5103 of this title information described in that
section regarding positions designated under this subsection.
``(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 an annuitant so employed shall
continue. An annuitant so reemployed shall not be considered an
employee for purposes of subchapter III of chapter 83 or
chapter 84 of title 5.
``(2) Election.--
``(A) In general.--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 a position
designated by the Commandant under subsection (a) may
elect to be subject to section 8344 or 8468 of such
title (as the case may be), respectively.
``(B) Deadline.--An election for coverage under
this paragraph shall be filed not later than 90 days
after the Commandant takes reasonable actions to notify
employees who may file an election.
``(C) Coverage.--If an employee files an election
under this paragraph, coverage shall be effective
beginning on the first day of the first applicable pay
period beginning on or after the date of the filing of
the election.
``(D) Application.--Paragraph (1) shall apply to an
individual who is eligible to file an election under
such paragraph and does not file a timely election
under this paragraph in accordance with subparagraph
(B).''.
(b) Analysis for Chapter 11.--The analysis for 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.''.
(c) Repeal of Superseded Authority.--Section 404 of the Coast Guard
Authorization Act of 2010 (Public Law 111-281) is repealed.
SEC. 227. RESOLUTION BY CHIEF ACQUISITION OFFICER OF ACQUISITION
DISPUTES ELEVATED TO THE OFFICER.
(a) In General.--Subchapter I of chapter 11 of title 14, United
States Code, as amended by section 226, is further amended by adding at
the end the following:
``Sec. 1112. Resolution by the Chief Acquisition Officer of acquisition
disputes elevated to the 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.''.
(b) Analysis for Chapter 11.--The analysis for chapter 11 of title
14, United States Code, as amended by section 226, is further amended
by inserting after the item relating to section 1111 the following:
``1112. Resolution by the Chief Acquisition Officer of acquisition
disputes elevated to the Officer.''.
(c) Repeal of Superseded Requirement.--Section 401 of the Coast
Guard Authorization Act of 2010 (Public Law 111-281) is amended by
striking subsection (e).
SEC. 228. VESSEL CONVERSION, ALTERATION, AND REPAIR PROJECTS.
Notwithstanding any provision of the Small Business Act (15 U.S.C.
631 et seq.) and any regulation or policy implementing that Act, the
Commandant may use full and open competitive procedures, as prescribed
in section 2304 of title 10, United States Code, to acquire maintenance
and repair services for vessels with a homeport in Coast Guard District
17.
SEC. 229. COAST GUARD HOUSING FUND.
Section 2946(c) of title 14, United States Code, is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraph (1) as paragraph (2);
(3) in paragraph (2), as so redesignated--
(A) by striking ``(2) In such amounts as provided
in appropriations Acts, and except'' and inserting the
following:
``(2) Permissible uses.--Except'';
(B) by indenting subparagraphs (A), (B), and (C)
four ems from the left margin;
(C) in subparagraph (B), by striking ``and'' at the
end;
(D) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(E) by adding at the end the following new
subparagraph:
``(D) the construction or recapitalization of
existing military family housing and military
unaccompanied housing.''; and
(4) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Availability.--Amounts in the Fund shall be available
to the Secretary without further appropriation, and shall
remain available until expended.''.
SEC. 230. OPERATION AND SUSTAINMENT COSTS IN MAJOR LONG-TERM
ACQUISITION PLANS.
Section 5103(e)(3) of title 14, United States Code, is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) operate and sustain the cutters and aircraft
identified under paragraph (2);''.
SEC. 231. PORT, HARBOR, AND COASTAL FACILITY SECURITY.
Section 70116 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting ``, cyber incidents,
transnational organized crime, and foreign state threats''
after ``an act of terrorism'';
(2) in subsection (b)--
(A) in paragraphs (1) and (2), by inserting ``cyber
incidents, transnational organized crime, and foreign
state threats'' after ``terrorism'' each place it
appears; and
(B) in paragraph (3)--
(i) by striking ``armed'' and inserting ``,
armed (as needed),''; and
(ii) by striking ``terrorism or
transportation security incidents,'' and
inserting ``terrorism, cyber incidents,
transnational organized crime, foreign state
threats, or transportation security
incidents,''; and
(3) in subsection (c)--
(A) by striking ``70034,'' and inserting
``70033,''; and
(B) by adding at the end the following new
sentence: ``When preventing or responding to acts of
terrorism, cyber incidents, transnational organized
crime, or foreign state threats, the Secretary may
carry out this section without regard to chapters 5 and
6 of title 5 or Executive Orders 12866 and 13563.''.
SEC. 232. ACCESS TO RESOURCES DURING CREOSOTE-RELATED BUILDING CLOSURES
AT COAST GUARD BASE SEATTLE, WASHINGTON.
(a) In General.--With respect to the creosote-related building
closures at Coast Guard Base Seattle, Washington, the Commandant shall,
to the maximum extent practicable, enter into one or more agreements or
otherwise take actions to secure access to resources, including a gym,
that are not otherwise available to members of the Coast Guard during
such closures.
(b) Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Commandant shall brief Congress with respect
to actions taken by the Commandant to comply with subsection (a).
SEC. 233. SOUTHERN RESIDENT ORCA CONSERVATION AND ENFORCEMENT.
(a) Report on Orca Enforcement Opportunities.--The Commandant, in
consultation with the Under Secretary of Commerce for Oceans and
Atmosphere, shall submit to Congress a report on Coast Guard efforts to
enforce southern resident orca vessel buffer zones and other vessel
related regulations in Puget Sound in coordination with existing Coast
Guard fisheries enforcement, maritime domain awareness, operation Be
Whale Wise, and other related missions.
(b) Action Plan.--Not later than 180 days after the date of the
enactment of this Act, the Commandant shall submit to Congress a
briefing on steps the Coast Guard is taking to meet fisheries
enforcement boarding and vessel traffic, including orca buffer zone and
other related activities, enforcement targets in District 13, as well
as recommendations on what resources, appropriations, and assets are
needed to meet those targets within 1 year from enactment of this Act.
(c) Pilot Program on Reducing Disturbance to Orcas in Puget
Sound.--The Commandant, in consultation with the Maritime
Administrator, the Under Secretary of Commerce for Oceans and
Atmosphere, and State and Tribal governments, shall establish a pilot
program to assess the feasibility and benefit of implementing a program
similar to the Enhancing Cetacean Habitat and Observation program, or
``ECHO program'', in United States waters to reduce acoustic
disturbance of southern resident orcas in Puget Sound and the
surrounding waters.
<DELETED>SEC. 234. BRIEFING ON POLICY ON ISSUANCE OF WARRANTS AND
SUBPOENAS AND WHISTLEBLOWER PROTECTIONS BY AGENTS OF THE
COAST GUARD INVESTIGATIVE SERVICE.</DELETED>
<DELETED> (a) Briefing Required.--Not later than 30 days after the
date of the enactment of this Act, the Commandant shall provide the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a briefing on the policy of the Coast Guard on the
issuance of warrants and subpoenas and whistleblower protections by
agents of the Coast Guard Investigative Service.</DELETED>
<DELETED> (b) Elements.--The briefing required by subsection (a)
shall include the following:</DELETED>
<DELETED> (1) A discussion of current and any new policy of
the Coast Guard on the issuance of warrants and subpoenas and
whistleblower protections by agents of the Coast Guard
Investigative Service, including Coast Guard Investigative
Service Criminal Investigation Operating Procedure CIOP 2019-
02, and the differences between such current policies and new
policies.</DELETED>
<DELETED> (2) A plan (including milestones) for the
implementation of the following:</DELETED>
<DELETED> (A) Incorporation of Coast Guard
Investigative Service Criminal Investigation Operating
Procedure CIOP 2019-02 into the next revision of the
Administrative Investigations Manual of the Coast Guard
Investigative Service.</DELETED>
<DELETED> (B) Training on the policy described in
paragraph (1) for the following:</DELETED>
<DELETED> (i) Agents and legal counsel of
the Coast Guard Investigative
Service.</DELETED>
<DELETED> (ii) Personnel of the Office of
General Law.</DELETED>
<DELETED> (iii) Coast Guard headquarters
personnel.</DELETED>
<DELETED> (iv) Such other Coast Guard
personnel as the Commandant considers
appropriate.</DELETED>
SEC. 234. SENSE OF CONGRESS AND REPORT ON IMPLEMENTATION OF POLICY ON
ISSUANCE OF WARRANTS AND SUBPOENAS AND WHISTLEBLOWER
PROTECTIONS BY AGENTS OF THE COAST GUARD INVESTIGATIVE
SERVICE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Coast Guard components with investigate authority
should exercise such authority with due respect for the rights
of whistleblowers; and
(2) the Commandant should--
(A) ensure compliance with the legal requirements
intended to protect whistleblowers; and
(B) create an environment in which whistleblowers
do not fear reprisal for reporting misconduct.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on the policy of the Coast Guard on the issuance of warrants and
subpoenas and whistleblower protections by agents of the Coast Guard
Investigative Service.
(c) Elements.--The report required by subsection (b) shall include
the following:
(1) A discussion of current and any new policy of the Coast
Guard on the issuance of warrants and subpoenas and
whistleblower protections by agents of the Coast Guard
Investigative Service, including Coast Guard Investigative
Service Criminal Investigation Operating Procedure CIOP 2019-
02, and the differences between such current policies and new
policies.
(2) A plan (including milestones) for the implementation of
the following:
(A) Incorporation of Coast Guard Investigative
Service Criminal Investigation Operating Procedure CIOP
2019-02 into the next revision of the relevant Coast
Guard investigative manual.
(B) Training on the policy described in paragraph
(1) for the following:
(i) Agents and legal counsel of the Coast
Guard Investigative Service.
(ii) Personnel of the Office of General
Law.
(iii) Relevant Coast Guard headquarters
personnel.
(iv) Such other Coast Guard personnel as
the Commandant considers appropriate.
SEC. 235. PROCUREMENT AUTHORITY FOR HEAVY GREAT LAKES ICEBREAKER.
(a) In General.--For fiscal year 2020 and 2021, the Secretary of
the department in which the Coast Guard is operating may use funds
available pursuant to section 4901 of title 14, United States Code, as
amended by this Act, to enter into one or more contracts for the
procurement of a heavy Great Lakes Icebreaker at least as capable as
USCGC MACKINAW (WLBB-30).
(b) Report.--Not later than September 30, 2019, the Commandant
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a plan for acquiring an icebreaker as
required by section 820(b) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282).
SEC. 236. CONSIDERATION OF IMPACT OF HURRICANE MICHAEL IN MODIFICATION
OF CONSTRUCTION CONTRACTS FOR OFFSHORE PATROL CUTTERS.
Notwithstanding Public Law 85-804, the United States Coast Guard is
authorized to take into account the impacts of Hurricane Michael for
the purpose of modifying, without consideration, but not exceeding the
original affordability requirement as set forth in Section C of the
existing contract to construct Offshore Patrol Cutters upon a
determination that doing so would facilitate national security.
SEC. 237. INSPECTOR GENERAL REPORT ON ACCESS TO EQUAL OPPORTUNITY
ADVISORS AND EQUAL EMPLOYMENT OPPORTUNITY SPECIALISTS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Inspector General of the department in which
the Coast Guard is operating shall conduct a study and develop
recommendations on the need to separate Equal Opportunity Advisors and
Equal Employment Opportunity Specialists, as practicable, through the
pre-complaint and formal discrimination complaint processes, for the
complainant, the opposing party, and the commanding officers and
officers in charge.
(b) Briefing.--Not later than 30 days after the completion of the
study required by subsection (a), the Commandant shall brief the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives on the manner in which the Coast Guard plans to
implement the recommendations developed as a result of the study.
Subtitle C--Access to Child Care for Coast Guard Families
SEC. 241. REPORT ON CHILD CARE AND SCHOOL AGE CARE ASSISTANCE FOR
QUALIFIED FAMILIES.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on child care and school age care
options available to qualified families.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) Financial assistance.--
(A) An assessment of--
(i) the subsidies and financial assistance
for child care and school age care made
available by the Coast Guard to qualified
families; and
(ii) the extent to which qualified families
have taken advantage of such subsidies and
assistance.
(B) The average number of days between--
(i) the date on which an application for a
subsidy or other financial assistance for child
care or school age care is submitted by a
qualified family; and
(ii) upon approval of an application, the
date on which such subsidy or assistance is
received by the qualified family.
(C) Recommendations for streamlining the payment of
such subsidies and financial assistance.
(D) The amount of funding allocated to such
subsidies and financial assistance.
(E) The remaining costs for child care or school
age care to qualified families that are not covered by
the Coast Guard.
(F) A description of barriers to access to such
subsidies and financial assistance.
(G) The number of qualified families that do not
receive any such subsidies or financial assistance.
<DELETED> (H) An assessment whether there is a need
for increased subsidies and financial assistance for
child care or school age care for qualified families in
areas with high costs of living.</DELETED>
(2) Regulation of child care services.--
(A) An assessment of--
(i) the regulations of States with respect
to child care services (such as staffing, space
and furnishings, safety, and curriculum
requirements, and allowable care hours); and
(ii) the effect that differences in such
regulations may have on access to child care
for qualified families.
(B) An assessment of--
(i) the regulations of the Coast Guard and
the Department of Defense with respect to child
development centers and other child care
providers (including school age care
providers), and a comparison of such
regulations with similar State regulations; and
(ii) the effect that such regulations may
have on access to child care and school age
care for qualified families.
(C) The number of qualified families, and children,
that do not have access to a Coast Guard child
development center for child care.
(3) Parity with department of defense.--
(A) In general.--The differences between child care
and school age care services offered by the Coast Guard
and child care and school age care authorities of the
Coast Guard and the Department of Defense relating to
the following:
(i) Authorized uses of appropriated funds
for child care and school age care services.
(ii) Access to, and total capacity of,
Coast Guard child development centers and
Department of Defense child development
centers.
(iii) Child care and school age care
programs or policy.
(iv) Coast Guard and Department of Defense
programs to provide additional assistance to
members and civilian employees with respect to
child care and school age care options.
(v) Respite care programs.
(vi) Nonappropriated funds.
(vii) Coast Guard and Department of Defense
support of certified Family Child Care centers.
(viii) Coast Guard and Department of
Defense publicly available online resources for
families seeking military child care and school
age care.
(4) Feasibility.--An analysis of the feasibility of the
Commandant entering into agreements with private child care and
school age care service providers to provide child care and
school age care for qualified families.
(5) Availability.--An analysis of the availability of child
care and school age care for qualified families, including
accessibility after normal work hours, proximity, and total
capacity.
(6) Recommendations.--Recommendations--
(A) to improve access to child care and school age
care for qualified families;
(B) to ensure parity between the Coast Guard and
the Department of Defense with respect to child care
and school age care;
(C) to expand access to child care and school age
care for all qualified families, including qualified
families that have a child with special needs; and
(D) to ensure that regional child care and child
development center needs at the unit, sector, or
district level are identified, assessed, and reasonably
evaluated by the Commandant for future infrastructure
needs.
(7) Other matters.--A description or analysis of any other
matter the Comptroller General considers relevant to the
improvement of expanded access to child care and school age
care for qualified families.
SEC. 242. REVIEW OF FAMILY SUPPORT SERVICES WEBSITE AND ONLINE TRACKING
SYSTEM.
(a) Memorandum of Understanding.--
(1) In general.--The Commandant shall enter into a
memorandum of understanding with the Secretary of Defense to
enable qualified families to access the website at https://
militarychildcare.com (or a successor website) for purposes of
Coast Guard family access to information with respect to State-
accredited child development centers and other child care
support services as such services become available from the
Department of Defense through such website. The memorandum
shall provide for the expansion of the geographical areas
covered by such website, including regions in which qualified
families live that are not yet covered by the program.
(2) Inclusion of child development centers accessible under
pilot program.--The information accessible pursuant to the
memorandum of understanding required by paragraph (1) shall
include information with respect to any child development
center accessible pursuant to the pilot program under section
244.
(3) Electronic registration, payment, and tracking
system.--Not later than one year after the date of the
enactment of this Act, the Commandant shall develop and
maintain an internet website of the Coast Guard accessible to
qualified families to carry out the following activities:
(A) Register children for a Coast Guard child
development center.
(B) Make online child care payments to a Coast
Guard child development center.
(C) Track the status of a child on the waitlist of
a Coast Guard child development center, including the
placement and position of the child on the waitlist.
(b) Waitlist.--
(1) In general.--The Commandant shall maintain a record of
the waitlist for each Coast Guard child development center.
(2) Matters to be included.--Each record under paragraph
(1) shall include the following:
(A) The total number of children of qualified
families on the waitlist.
(B) With respect to each child on the waitlist--
(i) the age of the child;
(ii) the number of days the child has been
on the waitlist;
(iii) the position of the child on the
waitlist;
(iv) any special needs consideration; and
(v) information on whether a sibling of the
child is on the waitlist of, or currently
enrolled in, the Coast Guard child development
center concerned.
(3) Requirement to archive.--Information placed in the
record of a Coast Guard child development center under
paragraph (1) shall be archived for a period of not less than
10 years after the date of its placement in the record.
SEC. 243. STUDY AND SURVEY ON COAST GUARD CHILD CARE NEEDS.
(a) Study.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and for each of the two fiscal years
thereafter, the Commandant shall conduct a study on the child
care needs of qualified families that incorporates--
(A) the results of the survey under subsection (b);
and
(B) any other information the Commandant considers
appropriate to ensure adequate tracking and future
needs-based assessments with respect to adequate access
to Coast Guard child development centers.
(2) Consultation.--In conducting a study under paragraph
(1), the Commandant may consult a federally funded research and
development center.
(3) Scope of data.--The data obtained through each study
under paragraph (1) shall be obtained on a regional basis,
including by Coast Guard unit, sector, and district.
(b) Survey.--
(1) In general.--Together with each study under subsection
(a), and annually as the Commandant considers appropriate, the
Commandant shall carry out a survey of individuals described in
paragraph (2) on access to Coast Guard child development
centers.
(2) Participants.--
(A) In general.--The Commandant shall seek the
participation in the survey of the following Coast
Guard individuals:
(i) Commanding officers, regardless of
whether the commanding officers have children.
(ii) Regular and reserve personnel.
(iii) Spouses of individuals described in
clauses (i) and (ii).
(B) Scope of participation.--Individuals described
in clauses (i) through (iii) of subparagraph (A) shall
be surveyed regardless of whether such individuals use
or have access to Coast Guard child development centers
or other Federal child care facilities.
(C) Voluntary participation.--Participation of any
individual described in subparagraph (A) in a survey
shall be on a voluntary basis.
(c) Availability.--On request, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives the results of a study or survey under this section.
SEC. 244. PILOT PROGRAM TO EXPAND ACCESS TO CHILD CARE.
(a) In General.--Commencing not later than 60 days after the date
on which the report under section 241 is submitted, the Commandant
shall carry out a pilot program, based on the recommendations provided
in such report, to expand access to public or private child development
centers for qualified families.
(b) Duration.--The duration of the pilot program under subsection
(a) shall be not more than three years beginning on the date on which
the pilot program is established.
(c) Discharge on Regional Basis.--The Commandant--
(1) may carry out the pilot program on a regional basis;
and
(2) shall include in the pilot program remote and urban
locations.
(d) Reservation of Child Care Slots.--As part of the pilot program,
the Commandant shall seek to enter into one or more memoranda of
understanding with one or more child development centers to reserve
slots for qualified families in locations in which--
(1) the Coast Guard lacks a Coast Guard child development
center; or
(2) the waitlists for the nearest Coast Guard child
development center or Department of Defense child development
center, where applicable, indicate that qualified families may
not be accommodated.
(e) Annual Assessment of Results.--As part of any study conducted
pursuant to section 243(a) after the end of the one-year period
beginning with the commencement of the pilot program, the Commandant
shall also undertake a current assessment of the impact of the pilot
program on access to child development centers for qualified families.
The Commandant shall include the results of any such assessment in the
results of the most current study or survey submitted pursuant to
section 243(b).
SEC. 245. IMPROVEMENTS TO COAST GUARD-OWNED FAMILY HOUSING.
The Commandant may use amounts authorized for operations and
support to conduct improvements on Coast Guard-owned housing--
(1) to improve or address a housing unit deficiency found
during a family child care provider, health, fire and safety,
or other home inspection;
(2) to ensure a housing unit is maintained at the standard
necessary to meet health, fire and safety, or other home
inspection requirements so as to enable the establishment of a
Coast Guard family child care center in the housing unit; and
(3) to the maximum extent practicable, the Commandant shall
ensure that, in a location in which Coast Guard family child
care centers are necessary to meet the demand for child care
for qualified families, not fewer than two housing units are
maintained in accordance with safety inspection standards so as
to accommodate family child care providers.
SEC. 246. BRIEFING ON TRANSFER OF FAMILY CHILD CARE PROVIDER
QUALIFICATIONS AND CERTIFICATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant shall brief the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives on
the feasibility of developing a policy to allow the transfer of a Coast
Guard-mandated family child care provider qualification or
certification between Coast Guard-owned housing units if, as determined
by the Commandant--
(1) the qualification or certification is not expired;
(2) the transfer of the qualification or certification
would not pose a danger to any child in the care of the family
child care provider; and
(3) the transfer would expedite the ability of the family
child care provider to establish, administer, and provide
family home daycare in a Coast Guard-owned housing unit.
(b) Briefing Element.--The briefing required by subsection (a)
shall include analysis of options for transferring a Coast Guard-
mandated family child care provider qualification or certification as
described in that subsection, and of any legal challenges associated
with such transfer.
(c) Rule of Construction.--The policy under subsection (a) shall
not be construed to supersede any other applicable Federal, State, or
local law (including regulations) relating to the provision of child
care services.
SEC. 247. EMPLOYEES OF COAST GUARD CHILD DEVELOPMENT CENTERS.
(a) Training and Curriculum Specialist.--The Commandant shall
require that at least one employee at each Coast Guard child
development center is a specialist in training and curriculum
development. The Commandant shall ensure that such employees have
appropriate credentials and experience.
(b) Duties.--An employee described in subsection (a) shall--
(1) carry out special teaching activities at the Coast
Guard child development center concerned;
(2) provide--
(A) daily oversight and instruction of other child
care employees at such Coast Guard child development
center;
(B) daily assistance in the preparation of lesson
plans for such Coast Guard child development center;
and
(C) assistance in the child abuse prevention and
detection program of such Coast Guard child development
center; and
(3) advise the director of such Coast Guard child
development center on the performance of other child care
employees at such center.
(c) Employee Status.--Each employee referred to in subsection (a)
shall be an employee of the Coast Guard in a competitive service
position.
SEC. 248. INSPECTIONS OF COAST GUARD CHILD DEVELOPMENT CENTERS AND
FAMILY CHILD CARE PROVIDERS.
(a) Child Development Centers.--
(1) In general.--Not less than twice annually, the
Commandant shall ensure that each Coast Guard child development
center is subject to an unannounced inspection.
(2) Responsibility for inspections.--Of the annual
inspections under paragraph (1)--
(A) one shall be carried out by a representative of
the Coast Guard installation served by the Coast Guard
child development center concerned; and
(B) one shall be carried out by a representative of
the Coast Guard Child Development Services Work Life
Programs.
(b) Family Child Care Providers.--
(1) In general.--Not less frequently than quarterly, the
Commandant shall ensure that each family child care provider is
subject to inspection.
(2) Responsibility for inspections.--Of the quarterly
inspections under paragraph (1) each year--
(A) three inspections shall be carried out by a
representative of the Coast Guard installation served
by the family child care provider concerned; and
(B) one inspection shall be carried out by a
representative of the Coast Guard Child Development
Services Work Life Programs.
SEC. 249. EXPANDING OPPORTUNITIES FOR FAMILY CHILD CARE.
The Commandant shall allow family child care programs to occur at
off-base housing, including off-base Coast Guard-owned or subsidized
housing. The Commandant shall establish a procedure to ensure that all
requirements with respect to such family child care programs are met,
including home inspections.
SEC. 250. DEFINITIONS.
In this subtitle:
(1) Coast guard child development center.--The term ``Coast
Guard child development center'' has the meaning given that
term in section 2921(3) of title 14, United States Code.
(2) Coast guard family child care center.--The term ``Coast
Guard family child care center'' means a location at which
family home daycare is provided.
(3) Family child care provider.--The term ``family child
care provider'' means an individual who provides family home
daycare.
(4) Family home daycare.--The term ``family home daycare''
has the meaning given that term in section 2921(5) of title 14,
United States Code.
(5) Qualified family.--The term ``qualified family'' means
any regular, reserve, or retired member of the Coast Guard, and
any civilian employee of the Coast Guard, with one or more
dependents.
Subtitle D--Reports
SEC. 261. MODIFICATIONS OF CERTAIN REPORTING REQUIREMENTS.
(a) Use of Certain Appropriated Funds.--Section 903 of title 14,
United States Code, is amended--
(1) in subsection (d)(1), by striking ``reporting'' and
inserting ``briefing''; and
(2) in paragraph (2)--
(A) in the paragraph heading, by striking
``Report'' and inserting ``Briefing''; and
(B) by striking ``report'' each place it appears
and inserting ``brief''.
(b) Especially Hazardous Cargo.--Subsection (e) of section 70103 of
title 46, United States Code, is amended to read as follows:
``(e) Especially Hazardous Cargo.--
``(1) Enforcement of security zones.--Consistent with other
provisions of Federal law, the Coast Guard shall coordinate and
be responsible for the enforcement of any Federal security zone
established by the Coast Guard around a vessel containing
especially hazardous cargo. The Coast Guard shall allocate
available resources so as to deter and respond to a
transportation security incident, to the maximum extent
practicable, and to protect lives or protect property in
danger.
``(2) Especially hazardous cargo defined.--In this
subsection, the term `especially hazardous cargo' means
anhydrous ammonia, ammonium nitrate, chlorine, liquefied
natural gas, liquefied petroleum gas, and any other substance,
material, or group or class of material, in a particular amount
and form that the Secretary determines by regulation poses a
significant risk of creating a transportation security incident
while being transported in maritime commerce.''.
(c) Compliance With Security Standards.--Section 809 of the Coast
Guard and Maritime Transportation Act of 2004 (Public Law 108-293; 46
U.S.C. 70101 note) is amended by striking subsections (g) and (i).
(d) Marine Safety Long-Term Strategy.--Section 2116 of title 46,
United States Code, is amended--
(1) in subsection (a), by striking ``The strategy shall
include the issuance of a triennial plan'' and inserting ``The
5-year strategy shall include the issuance of a plan'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Contents of Strategy and Triennial Plans'' and
inserting ``5-Year Strategy and Plan'';
(B) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``strategy and triennial
plans'' and inserting ``5-year strategy and plan''; and
(C) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``strategy and triennial
plans'' and inserting ``5-year strategy and
plan''; and
(ii) in subparagraph (A), by striking
``plans'' and inserting ``plan'';
(3) in subsection (c)--
(A) by striking ``The Secretary'' and inserting
``Not later than 5 years after the date of the
enactment of the Coast Guard Authorization Act of 2019,
and every 5 years thereafter, the Secretary''; and
(B) by striking ``triennial''; and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``No less
frequently than semiannually'' and inserting ``In
conjunction with the submission of the 5-year strategy
and plan''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``Report to congress'' and inserting ``Periodic
briefings'';
(ii) in the matter preceding subparagraph
(A), by striking ``report triennially'' and all
that follows through ``the Senate'' and
inserting ``periodically brief the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and
Infrastructure of the House of
Representatives'';
(iii) in subparagraph (A)--
(I) by striking ``annual''; and
(II) by striking ``for the year
covered by the report'' and inserting
``for the period covered by the
briefing''; and
(iv) in subparagraph (B)(ii), by striking
``plans'' and inserting ``plan''.
(e) Abandoned Seafarers Fund.--Section 11113(a) of title 46, United
States Code, is amended--
(1) in paragraph (4), by striking ``On the date'' and
inserting ``Except as provided in paragraph (5), on the date'';
and
(2) by adding at the end the following:
``(5) No report required.--A report under paragraph (4)
shall not be required if there were no expenditures from the
Fund in the preceding fiscal year. The Commandant shall notify
Congress in the event a report is not required under paragraph
(4) by reason of this paragraph.''.
(f) Major Acquisition Program Risk Assessment.--Section 5107 of
title 14, United States Code, is amended--
(1) in subsection (a), by striking ``April 15 and October
15'' and inserting ``October 15''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the 2 fiscal-
year quarters preceding such assessment'' and inserting
``the previous fiscal year'';
(B) in paragraph (3), by striking ``such 2 fiscal-
year quarters'' and inserting ``such fiscal year'';
(C) in paragraph (4), by striking ``such 2 fiscal-
year quarters'' and inserting ``such fiscal year''; and
(D) in paragraph (5), by striking ``such 2 fiscal-
year quarters'' and inserting ``such fiscal year''.
SEC. 262. REPORT ON CYBERSECURITY WORKFORCE.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on how the Coast Guard plans to establish a workforce with the
cybersecurity expertise to provide prevention assessments and response
capacity to Operational Technology (OT) and Industrial Control Systems
(ICS) in national port and maritime environments.
(b) Contents.--The report under subsection (a) shall include the
following:
(1) A description of the number and skills of active duty
and reserve Coast Guard members expected for initial operating
capacity and full operating capacity of the workforce described
in subsection (a).
(2) A description of the career development path for
officers and enlisted members participating in the workforce.
(3) A determination of how the workforce will fulfill the
cybersecurity needs of the Area Maritime Security Council and
United States port environments.
(4) A determination of how the workforce will integrate
with the Hunt and Incident Response (HIRT) and Assessment Teams
of the Cyber and Infrastructure Security Agency (CISA) of the
Department of Homeland Security.
(5) An assessment of successful models used by other Armed
Forces, including National Guard, to recruit, maintain and
utilize a cyber workforce including the use of Reserve
personnel for that purpose.
SEC. 263. REPORT ON NAVIGATION AND BRIDGE RESOURCE MANAGEMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on the training and qualification processes of the Coast Guard
for deck watch officers, with a specific focus on basic navigation,
bridge resource management, crew rest, and qualification processes.
(b) Contents.--The report under subsection (a) shall include the
following:
(1) Recommendations for improving pipeline training, if
necessary, and an assessment how commercial industry best
practices on pipeline training can be incorporated into
military at sea watchkeeping.
(2) A detailed description of the deck watch officer
assessment process of the Coast Guard.
(3) A list of programs that have been approved for credit
toward merchant mariner credentials.
(4) A complete analysis of the gap between the existing
curriculum for deck watch officer training and the Standards of
Training, Certification, and Watchkeeping (STCW) for officer in
charge of a navigational watch at the operational level, Chief
level, and Master level.
(5) A complete analysis of the gap between the existing
training curriculum for deck watch officers and the licensing
requirement for 3rd mate unlimited, Chief, and Master.
(6) An assessment of deck watch officer options to complete
the 3rd mate unlimited license and the qualification under the
Standards of Training, Certification, and Watchkeeping for
officer in charge of a navigational watch.
(7) An assessment of senior deck watch officer options to
complete the Chief Mate and Master unlimited license and the
qualification under the Standards of Training, Certification,
and Watchkeeping for Chief Mate and Master.
SEC. 264. REPORT ON THE ARCTIC CAPABILITIES OF THE ARMED FORCES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, with the
concurrence of the Secretary of Defense, shall submit to the
appropriate committees of Congress a report on the Arctic capabilities
of the Armed Forces.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A comparison of the capabilities of the United States,
the Russian Federation, the People's Republic of China, and
other countries operating in the Arctic, including an
assessment of the ability of the navy of each such country to
operate in varying sea-ice conditions.
(2) A description of commercial and foreign military
surface forces currently operating in the Arctic in conditions
inaccessible to Navy surface forces.
(3) An assessment of the potential security risk posed to
Coast Guard forces by military forces of other countries
operating in the Arctic in conditions inaccessible to Navy
surface or aviation forces in the manner such forces currently
operate.
(4) A comparison of the domain awareness capabilities of--
(A) Coast Guard forces operating alone; and
(B) Coast Guard forces operating in tandem with
Navy surface and aviation forces and the surface and
aviation forces of other allies.
(5) A comparison of the defensive capabilities of--
(A) Coast Guard forces operating alone; and
(B) Coast Guard forces operating in mutual defense
with Navy forces, other Armed Forces, and the military
forces of allies.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Transportation and Infrastructure, and the Committee on
Appropriations of the House of Representatives.
SEC. 265. REPORT ON ARCTIC SEARCH AND RESCUE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on the search and rescue capabilities of the Coast Guard in
Arctic coastal communities.
(b) Contents.--The report under subsection (a) shall include the
following:
(1) An identification of ways in which the Coast Guard can
more effectively partner with Arctic coastal communities to
respond to search and rescue incidents through training,
funding, and deployment of assets.
(2) An analysis of the costs of forward deploying on a
seasonal basis Coast Guard assets in support of such
communities for responses to such incidents.
SEC. 266. REPORT ON HELICOPTER LIFE CYCLE SUPPORT AND RECAPITALIZATION.
(a) Findings.--Congress makes the following findings:
(1) The acquisition strategy of the Coast Guard to
recapitalize its fleet of MH-65 helicopters for land-based and
sea-based operations is critical to maintaining the various
missions of the Coast Guard.
(2) As of July 2019, the Commandant intends to leverage the
Department of Defense future vertical lift acquisition program
in the mid-2030s to replace the legacy fleet of the Coast
Guard, and in the interim, continue the service life extension
program of the MH-65D fleet to an upgraded ``Echo'' capability.
(3) The current MH-65 sustainment plan may be under
resourced and insufficient to accommodate the additional hours
required to meet operational demands until recapitalization.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report that--
(1) includes an updated fleet life-cycle analysis and
service life extension plan that includes dynamic components,
and which clearly demonstrates the mission viability of the MH-
65 through anticipated fleet recapitalization;
(2) includes a realistic sustainment budget necessary to
achieve the operational availability rates necessary to meet
MH-65 mission requirements through fleet recapitalization;
(3) includes an update on the status of the Coast Guard MH-
65 helicopter recapitalization; and
(4) includes a description of any alternative, available,
and cost-effective Government and civil systems, or updates,
that the Coast Guard is considering for MH-65 operational
missions, including Coast Guard cutter deployability
requirements, in the event of delays to the future vertical
lift program of the Coast Guard.
SEC. 267. REPORT ON RESPONSE TO RACIAL DISCRIMINATION AT THE COAST
GUARD ACADEMY.
Not later than 180 days after the release of the Inspector General
of the Department of Homeland Security report titled ``Allegations of
Racial Discrimination and Inadequate Action at the United States Coast
Guard Academy'', the Commandant shall submit to Congress a report on
the implementation of the recommendations made by the Inspector
General. The report of the Commandant shall include a timeline,
accountability measures, and metrics for evaluation of the
comprehensive implementation of the recommendations in the report of
the Inspector General, and of such other measures in connection with
such recommendations as have been specified by the Secretary of
Homeland Security.
SEC. 268. REPORT ON COAST GUARD RESPONSE CAPABILITIES FOR CYBER
INCIDENTS ON VESSELS ENTERING PORTS OR WATERS OF THE
UNITED STATES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on the response capabilities of the Coast Guard with respect to
cyber incidents on vessels entering ports or waters of the United
States.
(b) Review.--The report under subsection (a) shall include a review
of each of the following:
(1) The number and type of commercial vessels of the United
States subject to regulations under part 104 of title 33, Code
of Federal Regulations (or any corresponding similar regulation
or ruling).
(2) Policies and guidance issued by the Commandant, in
accordance with guidelines on cyber risk management of the
International Maritime Organization, to vessels of the United
States.
(3) Measures to be taken by owners or operators of
commercial vessels of the United States to increase
cybersecurity posture on such vessels.
(4) Responses of the Commandant to cyber incidents on
vessels described in paragraph (1) prior to the date of the
enactment of this Act.
(5) Response protocols followed by personnel of the Coast
Guard to a cyber incident on any vessel described in paragraph
(1) experienced while that vessel is traveling to ports or
waters of the United States.
(6) Oversight by the Commandant of--
(A) vessel-to-facility interface, as defined in
section 101.105 of title 33, Code of Federal
Regulations (or any corresponding similar regulation or
ruling); and
(B) actions taken by the Coast Guard in
coordination with vessel and facility owners and
operators to protect commercial vessels and port
facility infrastructure from cyber attacks and
proliferation.
(7) Requirements of the Commandant for the reporting of
cyber incidents that occur on the vessels described in
paragraph (1).
(c) Recommendations and Appropriations.--The Commandant shall
include in the report under subsection (a)--
(1) recommendations--
(A) to improve cyber incident response; and
(B) for policies to address gaps identified by the
review under subsection (b); and
(2) a description of authorities and appropriations
necessary to improve the preparedness of the Coast Guard for
cyber incidents on vessels entering ports or waters of the
United States and the ability of the Coast Guard to prevent and
respond to such incidents.
(d) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
(e) Vessel of the United States Defined.--In this section, the term
``vessel of the United States'' has the meaning given such term in
section 116 of title 46, United States Code.
SEC. 269. STUDY AND REPORT ON COAST GUARD INTERDICTION OF ILLICIT DRUGS
IN THE TRANSIT ZONES.
(a) Findings.--Congress makes the following findings:
(1) The Coast Guard seizes an average of 1,221 pounds of
cocaine and 85 pounds of marijuana each day in the transit
zones of the Eastern Pacific Ocean, Caribbean Sea, and Southern
maritime border approaches.
(2) The Joint Interagency Task Force-South (JIATF-South)
estimates that it has a spectrum of actionable intelligence on
more than 80 percent of drug movements into the United States
from Central America and South America.
(3) The Coast Guard must balance asset allocation across 11
statutory missions. As such, the Coast Guard interdicts less
than 10 percent of maritime noncommercial smuggling of illicit
drugs into the United States from Central America and South
America.
(4) In 2017, the Government Accountability Office
recommended that the Commandant of the Coast Guard--
(A) develop new performance goals relating to the
interdiction of illicit drugs smuggled into the United
States, or describe the manner in which existing goals
are sufficient;
(B) report such goals to the public;
(C) assess the extent to which limitations in
performance data with respect to such goals are
documented;
(D) document measurable corrective actions and
implementation timeframes with respect to such goals;
and
(E) document efforts to monitor implementation of
such corrective actions.
(b) Study.--The Secretary of Homeland Security, in coordination
with the Secretary of Defense and the heads of other relevant Federal
agencies, shall conduct a study in order to identify gaps in resources
that contribute to low interdiction rates for maritime noncommercial
smuggling of illicit drugs into the United States from Central America
and South America despite having actionable intelligence on more than
80 percent of drug movements in the transit zones of the Eastern
Pacific Ocean, Caribbean Sea, and Southern maritime border approaches.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of the study under subsection
(b).
(d) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 270. REPORT ON EFFECTS OF EXTREME WEATHER AND RELATED EVENTS ON
THE COAST GUARD.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on vulnerabilities of installations of the Coast Guard resulting
from the current and potential effects of rising temperatures, rising
sea levels, increased flooding, drought, desertification, wildfires,
thawing permafrost, changing ice conditions, and other extreme weather
events, and on requirements for mitigating the effects of such events
on the Coast Guard, over the 20-year period beginning on the date of
the enactment of this Act.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A list of the ten most vulnerable installations of the
Coast Guard based on the current and potential effects of
rising temperatures, rising sea levels, increased flooding,
drought, desertification, wildfires, thawing permafrost,
changing ice conditions, other extreme weather events, and any
other effects the Commandant considers necessary.
(2) An overview of mitigations that may be necessary to
ensure the continued operational viability and to increase the
resiliency of the installations listed under paragraph (1) and
the cost of such mitigations.
(3) A discussion of the current and potential effects of
rising temperatures, rising sea levels, increased flooding,
drought, desertification, wildfires, thawing permafrost,
changing ice conditions, and other extreme weather events on
the Coast Guard, including--
(A) the increase in the frequency of humanitarian
assistance and disaster relief missions; and
(B) the campaign plans, contingency plans, and
operational posture of the Coast Guard.
(4) An overview of mitigations that may be necessary to
ensure mission resiliency and the cost of such mitigations.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 271. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
CERTIFICATE OF COMPLIANCE INSPECTION PROGRAM WITH RESPECT
TO VESSELS THAT CARRY BULK LIQUIFIED GASES AS CARGO AND
LIQUEFIED NATURAL GAS TANK VESSELS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the resources, regulations,
policies, protocols, and other actions designed to carry out the Coast
Guard Certificate of Compliance program with respect to liquefied
natural gas tank vessels (including examinations under section 153.808
of title 46, Code of Federal Regulations) and vessels that carry bulk
liquified gases as cargo (including examinations under section part154
of title 46, Code of Federal Regulations) for purposes of maintaining
the efficiency of examinations under that program.
(b) Contents.--The report under subsection (a) shall include the
following:
(1) An assessment of the adequacy of current Coast Guard
resources, regulations, policies, and protocols to maintain
vessel examination efficiency while carrying out the program
referred to in subsection (a) as United States bulk liquified
gases cargo, liquefied natural gas exports, and associated
vessel traffic at United States ports increase.
(2) An evaluation of the constraints and challenges to
maintaining examination efficiency under the program as United
States bulk liquified gases cargo, liquefied natural gas
exports, and associated vessel traffic at United States ports
increase.
(3) Recommendations for changes to resources, regulations,
policies, and protocols to maintain the efficiency of the
program, including analysis of the following alternatives:
(A) Establishment of a Coast Guard marine
examination unit near the Panama Canal to conduct
inspections under the program on liquefied natural gas
tank vessels bound for the United States, similar to
Coast Guard operations carried out by Coast Guard
Activities Europe and Coast Guard Activities Far East,
including the effects of the establishment of such a
unit on the domestic aspects of the program.
(B) Management of all marine examiners with gas
carrier qualification within each Coast Guard District
by a single Officer in Charge, Marine Inspection (as
defined in section 50.10-10 of title 46, Code of
Federal Regulations) to improve the efficiency of their
vessel examination assignments.
(C) Extension of the duration of assignment of
marine examiners with a gas carrier qualification at
Coast Guard units that most frequently inspect vessels
that carry bulk liquified gases as cargo and liquefied
natural gas tank vessels.
(D) Increase in the use of civilians to conduct and
support examinations under the program.
(E) Extension of the duration of certificates of
compliance under the program for vessels that carry
bulk liquified gases as cargo and liquefied natural gas
tank vessels that are less than 10 years of age and
participate in a Coast Guard vessel quality program.
SEC. 272. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT ON
THE COAST GUARD'S INTERNATIONAL PORT SECURITY PROGRAM.
(a) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report setting for the results of a
comprehensive review, conducted by the Comptroller General for purposes
of the report, on the Coast Guard's International Port Security
Program, including the findings, and any recommendations for
improvement of the program, of the Comptroller General.
(b) Required Elements of Review.--The review required under
subsection (a) shall include--
(1) review of the actions of the Coast Guard under the
Coast Guard's International Port Security Program, since 2014,
to enhance foreign port inspections;
(2) review of the actions of the Coast Guard to recognize
and monitor port inspection programs of foreign governments;
(3) identification and review of the actions the Coast
Guard takes to address any deficiencies it observes during
visits with foreign ports;
(4) identify and review the benchmarks of the Coast Guard
for measuring the effectiveness of the program; and
(5) review of the extent to which the Coast Guard and U.S.
Customs and Border Protection coordinate efforts to secure
cargo at foreign ports.
SEC. 273. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT ON
THE SURGE CAPACITY OF THE COAST GUARD.
(a) GAO Report.--Not later than 60 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report setting for the results of a
comprehensive review, conducted by the Comptroller General for purposes
of the report, on the surge capacity of the Coast Guard to respond to a
catastrophic incident (such as a hurricane), including the findings,
and any recommendations for improvement, of the Comptroller General.
(b) Required Elements of Review.--The review required under
subsection (a) shall include--
(1) a description and review of each Coast Guard deployment
in response to a catastrophic incident after 2005;
(2) identification of best practices informed by the
deployments described in paragraph (1);
(3) a review of the ability of the surge force of the Coast
Guard to meet the demands of the response roles in which it was
serving during each deployment described in paragraph (1);
(4) identification of any statutory or regulatory
impediments, such as adaptability, planning, training,
mobilization, or information and resource integration, to the
surge capacity of the Coast Guard in response to a catastrophic
incident;
(5) review of the impacts of a surge of the Coast Guard in
response to a catastrophic incident on the capacity of the
Coast Guard to perform its statutory missions;
(6) review of the capability of the Coast Guard to surge in
response to concurrent or subsequent catastrophic incidents;
and
(7) review and description of existing voluntary and
involuntary deployments of Coast Guard personnel and assets in
support of U.S. Customs and Border Protection response to a
national emergency (as defined in Presidential Proclamation
9844) on the surge capacity of the Coast Guard in the event of
a catastrophic incident.
(c) Definitions.--In this section, the terms ``catastrophic
incident'' and ``surge capacity'' have the meaning given such terms in
section 602 of the Post-Katrina Emergency Management Reform Act of 2006
(6 U.S.C. 701).
SEC. 274. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT ON
THE MARINE INSPECTIONS PROGRAM OF THE COAST GUARD.
(a) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report setting forth the results of a
comprehensive review, conducted by the Comptroller General for purposes
of the report, on the marine inspections program of the Coast Guard,
including the findings, and any recommendations for improvement of the
program, of the Comptroller General.
(b) Required Elements of Review.--The review required under
subsection (a) shall include--
(1) analysis of the demand for marine inspectors;
(2) identification of the number of fully qualified marine
inspectors;
(3) determination of whether the number of marine
inspectors identified in paragraph (2) is sufficient to meet
the demand described in paragraph (1);
(4) review of the enlisted marine inspector workforce
compared to the civilian marine inspector workforce and whether
there is any discernable distinction or impact between such
workforces in the performance of the marine safety mission;
(5) evaluation of the training continuum of marine
inspectors; and
(6) description and review of what actions, if any, the
Coast Guard is taking to adapt to the current rise in United
States export of crude oil and other fuels, such as
implementing a safety inspection regime for barges.
SEC. 275. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT ON
THE INFORMATION TECHNOLOGY PROGRAM OF THE COAST GUARD.
(a) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report setting forth the results of a
comprehensive review, conducted by the Comptroller General for purposes
of the report, on the information technology program of the Coast
Guard, including the findings, and any recommendations for improvement
of the program, of the Comptroller General.
(b) Required Elements of Review.--The review required under
subsection (a) shall include--
(1) analysis of how the Coast Guard manages its information
technology program, including information technology
acquisitions, to meet its various mission needs and reporting
requirements;
(2) analysis of the adequacy of the physical information
technology infrastructure within Coast Guard Districts,
including network infrastructure, for meeting mission needs and
reporting requirements;
(2) (3) analysis of whether and, if so, how the Coast
Guard--
(A) identifies and satisfies any knowledge and
skill requirements; and
(B) recruits, trains, and develops its information
technology personnel; and
(3) (4) analysis of whether and, if so, how the Coast Guard
separates information technology from operational technology
for cybersecurity purposes.
SEC. 276. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON
ACCESS TO HEALTH CARE BY MEMBERS OF THE COAST GUARD AND
DEPENDENTS.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study that examines access to,
experience with, and needs under the TRICARE program of members
of the Coast Guard and their dependents.
(2) Elements.--The study conducted under paragraph (1)
shall analyze the following:
(A) The record of the TRICARE program in meeting
the standards for care for primary and specialty care
for members of the Coast Guard and dependents of those
members, including members stationed in remote units.
(B) The accuracy and update periodicity of lists of
providers under the TRICARE program in areas serving
Coast Guard families.
(C) The wait times under the TRICARE program for
appointments, specialty care, and referrals for members
of the Coast Guard and dependents of those members.
(D) The availability of providers under the TRICARE
program in remote locations, including providers for
mental health, juvenile specialty care, dental, and
female health.
(E) The access of members of the Coast Guard and
dependents of those members to services under the
TRICARE program in comparison to the access to such
services by personnel of the Department of Defense and
dependents of such personnel.
(F) The liaison assistance between members of the
Coast Guard and dependents of those members and the
TRICARE program provided by the Coast Guard in
comparison to such assistance provided by the
Department of Defense.
(G) How delayed access to care, timeliness of care,
and distance traveled to care may impact personnel
readiness of members of the Coast Guard.
(H) The regions particularly impacted by lack of
access to care and recommendations to address those
access issues.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report containing the findings, conclusions, and recommendations to
improve access to quality, timely, and effective health care for
members of the Coast Guard and dependents of those members from the
study required under subsection (a).
(c) Definitions.--In this section, the terms ``dependent'' and
``TRICARE program'' have the meanings given those terms in section 1072
of title 10, United States Code.
SEC. 277. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON
MEDICAL STAFFING STANDARDS AND NEEDS FOR THE COAST GUARD.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study that examines the health care
system of the Coast Guard.
(2) Elements.--The study conducted under paragraph (1)
shall analyze the following:
(A) The billets in clinics of the Coast Guard,
whether for personnel of the Coast Guard or otherwise,
including the number of billets, vacancies, and length
of vacancies.
(B) The wait times for patients to attain an
appointment for urgent care, routine physician care,
and dental care.
(C) The impact of billet vacancies on such wait
times.
(D) The ability of the Coast Guard to use other
medical personnel of the Department of Defense,
including physicians and physician assistants, to fill
provider vacancies for the Coast Guard.
(E) The barriers, if any, to improving coordination
and access to physicians within the health care system
of the Department of Defense.
(F) The accessibility and availability of
behavioral health medical personnel at clinics of the
Coast Guard, including personnel available for family
counseling, therapy, and other needs.
(G) The staffing models of clinics of the Coast
Guard, including recommendations to modernize those
models.
(H) The locations and needs of Coast Guard units
with or without clinics.
(I) How access to care models for members of the
Coast Guard are managed, including models with respect
to the time and distance traveled to receive care, the
cost of that travel, and alternate options to secure
care quickly and efficiently for members serving in
units without a clinic.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
containing the findings, conclusions, and recommendations from
the study required under subsection (a).
(2) Elements.--The report submitted under paragraph (1)
shall include the following:
(A) Recommendations for medical staffing standards
for the Coast Guard, including recommendations for
health service technicians, flight surgeons, physician
assistants, dentists, dental hygienists, family
advocate services, pharmacists, and administrators.
(B) An identification of the number of members of
the Coast Guard and types of units of the Coast Guard
serviced by the health care system of the Coast Guard.
(C) An assessment of the ability of the Coast Guard
to conduct medical support at outlying units, including
remote units.
(D) An assessment of the capacity of the Coast
Guard to support surge operations using historical data
from the 10-year period preceding the date of the
report.
(E) An assessment of the impact to operations of
the Coast Guard by extended wait times or travel times
to receive care or other issues identified by the
report.
SEC. 278. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON
VERTICAL EVACUATION FOR TSUNAMIS AT COAST GUARD STATION
GRAYS HARBOR, WASHINGTON.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study that examines the potential use,
in the event of a Cascadia subduction zone event, of a vertical
evacuation of Coast Guard personnel stationed at United States
Coast Guard Station Grays Harbor, Washington, and the
dependents of such Coast Guard personnel housed in Coast Guard
housing.
(2) Elements.--The study required under paragraph (1) shall
analyze the following:
(A) The number of such personnel and dependents to
be evacuated.
(B) The resources available to conduct an
evacuation, and the feasibility of a successful
evacuation in a case in which inundation maps and
timelines are available.
(C) With the resources available, the amount of
time needed to evacuate such personnel and dependents.
(D) Any resource that is otherwise available within
a reasonable walking distance to Station Grays Harbor
and Coast Guard housing for Station Grays Harbor.
(E) The benefit to the surrounding community of
such a vertical evacuation.
(F) The interoperability of the tsunami warning
system with the Coast Guard communication systems at
Station Grays Harbor and Coast Guard housing for
Station Grays Harbor.
(G) Current interagency coordination and
communication policies in place for emergency
responders to address a Cascadia subduction zone event.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report containing the findings, conclusions, and recommendations, if
any, from the study required under subsection (a).
Subtitle E--Other Matters
SEC. 291. TECHNICAL CORRECTIONS.
(a) Maritime Transportation System.--Section 312(b)(4) of title 14,
United States Code, is amended by striking ``marine transportation
system'' and inserting ``maritime transportation system''.
(b) 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 ``as
established under chapter 56 of title 10'' after
``Medicare-Eligible Retiree Health Care Fund''; and
(B) in subsection (b)(1), by striking ``operating
expenses'' and inserting ``operations and support''.
(2) Use of certain appropriated funds.--Section 903 of
title 14, United States Code, is amended--
(A) in subsection (a), by striking ``acquisition,
construction, and improvement of facilities, for
research, development, test, and evaluation; and for
the alteration of bridges over the navigable waters''
and inserting ``procurement, construction, and
improvement of facilities and for research and
development''; and
(B) in subsection (d)(1), amended by section
241(b)(1), by striking ``operating expenses'' and
inserting ``operations and support''.
(3) Disposition of infrastructure related to e-loran.--
Section 914(c)(2)(A) of title 14, United States Code, is
amended by striking ``Environmental Compliance and
Restoration'' and inserting ``Operations and Support''.
(4) Confidential investigative expenses.--Section 944 of
title 14, United States Code, is amended--
(A) by striking ``necessary expenses for the
operation'' and inserting ``the operations and
support''; and
(B) by striking ``his'' each place it appears and
inserting ``the Commandant's''.
(5) Procurement of personnel.--Section 2701 of title 14,
United States Code, is amended--
(A) by striking ``operating expenses'' and
inserting ``operations and support'';
(B) by striking ``but not limited to''; and
(C) by striking ``in order''.
(6) Requirement for prior authorization of
appropriations.--Section 4901 of title 14, United States Code,
is amended--
(A) in paragraph (1), by striking ``maintenance''
and inserting ``support'';
(B) in paragraph (2), by striking ``acquisition''
and inserting ``procurement'';
(C) by striking paragraphs (3), (4), and (6);
(D) by redesignating paragraph (5) as paragraph
(3); and
(E) in paragraph (3), as redesignated by
subparagraph (D), by striking ``research, development,
test, and evaluation'' and inserting ``research and
development.''.
(c) Mission Need Statement.--
(1) In general.--Section 1110 of title 14, United States
Code--
(A) is transferred to appear after section 5108 of
such title; and
(B) is redesignated as section 5109.
(2) Analyses.--
(A) Analysis for chapter 11.--The analysis for
chapter 11 of title 14, United States Code, is amended
by striking the item relating to section 1110.
(B) Analysis for chapter 51.--The analysis for
chapter 51 of title 14, United States Code, is amended
by adding at the end the following:
``5109. Mission need statement.''.
(3) Repeal of superseded requirement.--Section 401 of the
Coast Guard Authorization Act of 2010 (Public Law 111-281) is
amended by striking subsection (e).
TITLE III--MARITIME
SEC. 301. ELECTRONIC CHARTS; EQUIVALENCY.
Section 3105 of title 46, United States Code, is amended by adding
at the end the following:
``(c) Equivalency Between Paper Charts and Electronic Charts.--
``(1) In general.--Until the date that final regulations
are published under subsection (a)--
``(A) a covered vessel equipped with and operating
electronic navigational charts produced by a government
hydrographic office and that conform to a standard
acceptable to the Secretary of the department in which
the Coast Guard is operating shall be deemed in
compliance with any requirement under title 33 or title
46, Code of Federal Regulations, to have a chart,
marine chart, or map on board the covered vessel; and
``(B) the Secretary of the department in which the
Coast Guard is operating may allow a covered vessel
that operates solely within the baseline of the
territorial sea of the United States (as described in
Presidential Proclamation No. 5928 of December 27, 1988
(43 U.S.C. 1331 note)) to utilize a software-based,
platform-independent electronic chart system that is
capable of displaying electronic navigational charts
with necessary scale and detail to ensure safe
navigation for the intended voyage.
``(2) Covered vessel defined.--In this subsection, the term
`covered vessel' means a vessel described in subparagraph (A),
(B), (C), or (D) of subsection (a)(1).''.
SEC. 302. COMMON APPROPRIATION STRUCTURE.
Sections 3317(b), 7504, 80301(c), and 80505(b)(3) of title 46,
United States Code, are each amended by striking ``operating expenses''
and inserting ``operations and support''.
SEC. 303. ALTERNATE SAFETY COMPLIANCE PROGRAM EXCEPTION FOR CERTAIN
VESSELS.
Section 4503a of title 46, United States Code, is amended--
(1) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Subsection (a) shall not apply to a vessel that--
``(1) is 79 feet or less in length as listed on the
vessel's certificate of documentation or certificate of number;
and
``(2) is examined at dockside by the Secretary every 2
years upon the request of the owner and in accordance with
section 4502(f)(2) of this title.''.
SEC. 304. LICENSE EXEMPTIONS; REPEAL OF OBSOLETE PROVISIONS.
(a) Service Under Licenses Issued Without Examination.--Section
8303 of title 46, United States Code, and the item relating to that
section in the analysis for chapter 83 of such title, are repealed.
(b) Standards for Tank Vessels of the United States.--Section 9102
of title 46, United States Code, is amended--
(1) by striking subsection (b); and
(2) by striking ``(a) The Secretary'' and inserting ``The
Secretary''.
(c) Conforming Amendment.--Section 14305(a)(10) of title 46, United
States Code, is amended by striking ``sections 8303 and 8304'' and
inserting ``section 8304''.
SEC. 305. SMALL PASSENGER VESSELS AND UNINSPECTED PASSENGER VESSELS.
Section 12121 of title 46, United States Code, is amended--
(1) in subsection (a)(1), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) was built in the United States;
``(B) was not built in the United States and is at
least 3 years old; or
``(C) if rebuilt, was rebuilt--
``(i) in the United States; or
``(ii) outside the United States at least 3
years before the certificate requested under
subsection (b) would take effect.''; and
(2) in subsection (b), by inserting ``12132,'' after
``12113,''.
SEC. 306. 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'';
(2) in subparagraph (D), by striking ``exploration and
recovery'';
(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'';
(6) in subparagraph (H), by striking ``mineral and
energy''; and
(7) in subparagraph (J), by striking ``deepwater ports''
and inserting ``entities engaged in offshore oil exploration
and production on the Outer Continental Shelf including
adjacent to Alaska''.
SEC. 307. NATIONAL MARITIME TRANSPORTATION SYSTEM ADVISORY COMMITTEE.
(a) In General.--Chapter 555 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 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 27
members appointed by the Secretary of Transportation in
accordance with this section and section 15109 (subject to
paragraph (4)).
``(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) At least 1 member shall represent the
Environmental Protection Agency.
``(B) At least 1 member shall represent the
Department of Commerce.
``(C) At least 1 member shall represent the Army
Corps of Engineers.
``(D) At least 1 member shall represent the Coast
Guard.
``(E) At least 1 member shall represent U.S.
Customs and Border Protection.
``(F) At least 1 member shall represent State and
local governmental entities.
``(G) Additional members shall represent private
sector entities that reflect a cross-section of
maritime industries, including port and water
stakeholders, academia, and labor representatives.
``(H) The Secretary of Transportation may appoint
additional representatives from other Federal agencies
as the Secretary considers appropriate.
``(4) Restrictions on members representing federal
agencies.--Members of the Committee that represent Federal
agencies shall not--
``(A) comprise more than one-third of the total
membership of the Committee or of any subcommittee
therein; and
``(B) serve as the chair or co-chair of the
Committee or of any subcommittee therein.
``(5) Compensation.--Notwithstanding section 15109(c) and
paragraph (6), no member of the Committee may receive
compensation for the performance of any duties of the
Committee.
``(4) (6) administration.--For purposes of section 15109,
the Committee shall be treated as a committee established under
chapter 151, except that in applying such section to the
Committee any reference in such section to the `Secretary'
shall be deemed to be a reference to the Secretary of
Transportation.''.
(b) Treatment of Existing Committee.--Notwithstanding any other
provision of law--
(1) an advisory committee that is substantially similar to
the National Maritime Transportation System Advisory Committee
established by section 55502 of title 46, United States Code,
as added by subsection (a), and that was in force or in effect
on the day before the date of the enactment of such section,
including the charter, membership, and other aspects of such
substantially similar advisory committee, may remain in force
or in effect for the 2-year period beginning on the date of
enactment of such section; and
(2) during such 2-year period--
(A) any requirement relating to the National
Maritime Transportation System Advisory Committee
established by such section shall be deemed satisfied
by the substantially similar advisory committee; and
(B) the enactment of this section, including the
amendment made by subsection (a), shall not be the
basis--
(i) to deem, find, or declare such
substantially similar advisory committee,
including the charter, membership, and other
aspects thereof, void, not in force, or not in
effect;
(ii) to suspend the activities of such
substantially similar advisory committee; or
(iii) to bar the members of such
substantially similar advisory committee from a
meeting.
(c) Analysis for Chapter 555.--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) Repeal.--Section 55603 of title 46, United States Code, and the
item relating to that section in the analysis for chapter 556 of such
title, are repealed.
SEC. 308. SECURITY PLANS; REVIEWS.
Section 70103 of title 46, United States Code, is amended--
(1) in subsection (b)(3), by inserting ``and updates
thereto'' after ``Area Maritime Transportation Security Plans''
each place it appears; and
(2) in subsection (c)(4), by inserting ``or update
thereto'' after ``plan'' each place it appears.
SEC. 309. ICE PATROL; PAYMENTS.
Section 80301(c) of title 46, United States Code, as amended by
section 302, is further amended by inserting ``and shall be available
until expended'' before the period at the end.
<DELETED>SEC. 310. GREAT LAKES PILOTAGE ADVISORY COMMITTEE
EXTENSION.</DELETED>
<DELETED> Section 9307(f)(1) of title 46, United States Code, is
amended by striking ``2020'' and inserting ``2027''.</DELETED>
SEC. 310. GREAT LAKES PILOTAGE ADVISORY COMMITTEE.
Section 9307 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``seven'' and
inserting ``8''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``representing the interests of'' and inserting
``chosen from among nominations made by'';
(ii) in subparagraph (C), by striking
``representing the interests of Great Lakes
ports'' and inserting ``chosen from among
nominations made by Great Lakes port
authorities and marine terminals'';
(iii) in subparagraph (D)--
(I) by striking ``representing the
interests of'' and inserting ``chosen
from among nominations made by''; and
(II) by striking ``; and'' and
inserting a semicolon;
(iv) by redesignating subparagraph (E) as
subparagraph (F);
(v) by inserting after subparagraph (D) the
following:
``(F) one member chosen from among nominations made
by Great Lakes maritime labor organizations; and''; and
(vi) in subparagraph (F), as so
redesignated, by striking ``with a background
in finance or accounting,''; and
(2) in subsection (f)(1), by striking ``2020'' and
inserting ``2030''.
SEC. 311. REPORT ON LIABILITY LIMITS APPLICABLE TO THE COAST GUARD.
Not later than 180 days after the date of the enactment of this
Act, the Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report setting
forth the following:
(1) A list of each liability limit to which the Coast Guard
is currently subject, including the statutory or administration
authority establishing such limit.
(2) If the Commandant determines that any liability limit
listed pursuant to paragraph (1) should be modified--
(A) a description of the liability limit, as so
modified;
(B) a justification for such modification; and
(C) a recommendation for legislative or
administrative action to achieve such modification.
SEC. 312. AUTHORITY TO WAIVE OPERATOR OF SELF-PROPELLED UNINSPECTED
PASSENGER VESSEL REQUIREMENTS.
Section 8905 of title 46, United States Code, is amended by adding
at the end the following:
``(c) After consultation with the Governor of Alaska and the State
boating law administrator of Alaska, the Secretary may exempt an
individual operating a self-propelled uninspected passenger vessel from
the requirements of section 8903 of this title, if--
``(1) the individual only operates such vessel wholly
within waters located in Alaska; and
``(2) such vessel is--
``(A) 26 feet or less in length; and
``(B) carrying not more than 6 passengers.''.
SEC. 313. TOWING VESSEL INSPECTIONS; USER FEES.
(a) In General.--Notwithstanding section 9701 of title 31, United
States Code, and section 2110 of title 46, United States Code, the
Commandant of the Coast Guard may, until the date described in
subsection (b), charge an annual inspection fee to an owner or managing
operator of a towing vessel who selects the Towing Safety Management
System option under subchapter M of chapter I of title 46, Code of
Federal Regulations (as in effect on the day before the date of
enactment of this Act), for a towing vessel required to have a
Certificate of Inspection under such subchapter.
(b) Date Described.--The date described in this subsection is the
first day on which the Commandant of the Coast Guard has--
(1) completed the review of towing safety management system
fees required by section 815 of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282); and
(2) promulgated regulations for annual inspection user fees
for towing vessels required to have a Certificate of Inspection
under subchapter M of chapter I of title 46, Code of Federal
Regulations (as in effect on the day before the date of
enactment of this Act).
TITLE IV--MISCELLANEOUS
SEC. 401. COMMON APPROPRIATION STRUCTURE.
(a) 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 incurred by'' and inserting ``operations
and support of''.
(b) Historic Light Station Sales.--Section 305106(b) of title 54,
United States Code, is amended--
(1) in paragraph (1)(B)(i), by striking ``Operating
Expenses'' and inserting ``Operations and Support''; and
(2) in subsection (b)(2), by striking ``Operating Expense''
and inserting ``Operations and Support''.
(c) Bridge Permits.--Section 712(a)(2) of the Coast Guard and
Maritime Transportation Act of 2012 (Public Law 112-213; 33 U.S.C. 491
prec. note) is amended by striking ``operating expenses'' and inserting
``operations and support''.
(d) Contracts.--Section 557(a) of the Consolidated and Further
Continuing Appropriations Act, 2013 (Public Law 113-6; 14 U.S.C. 577
note) is amended by striking ``Acquisition'' and inserting
``Procurement''.
(e) 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''.
<DELETED> (f) Prospective Payment of Funds Necessary To Provide
Medical Care.--Section 506(b)(1) of title 14, United States Code, is
amended by striking ``operating expenses'' and inserting ``operations
and support''.</DELETED>
SEC. 402. IMPROVED EMPLOYMENT ASSISTANCE.
Section 1143(a) of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``and the Secretary of
Homeland Security with respect to the Coast
Guard when it is not operating as a service in
the Navy'' before ``shall''; and
(ii) in subparagraph (A), by striking
``Army, Navy, Air Force, and Marine Corps'' and
inserting ``armed forces''; and
(B) in paragraph (3), by inserting ``and the
Secretary of Homeland Security with respect to the
Coast Guard when it is not operating as a service in
the Navy'' before ``shall''; and
(2) in subsection (c)(2)(A)(ii), by striking ``in the case
of members of the Army, Navy, Air Force, and Marine Corps,
request the Department of Defense'' and inserting ``make a
request to the applicable Secretary under subsection (a)(1)''.
SEC. 403. UNMANNED MARITIME SYSTEMS.
(a) Assessment.--
(1) In general.--The Commandant shall regularly assess
available unmanned maritime systems for potential use to
support missions of the Coast Guard.
(2) Consultation.--The Commandant shall make the assessment
required under paragraph (1) after consultation with the
Department of Defense, other Federal agencies, the academic
sector, and developers and manufacturers of unmanned maritime
systems.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and biennially thereafter, the
Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the actual and potential effects of
the use of available unmanned maritime systems on the mission
effectiveness of the Coast Guard.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) An inventory of available unmanned maritime
systems used by the Coast Guard, an overview of such
usage, and a discussion of the mission effectiveness of
such systems, including any benefits realized or risks
or negative aspects of such usage.
(B) A prioritized list of Coast Guard mission
requirements that could be met with additional unmanned
maritime systems, and the estimated costs of acquiring
and operating such systems. This list should take into
consideration interoperability with the current and
future fleet of National Security Cutters, Fast
Response Cutters, Offshore Patrol Cutters, Polar
Security Cutters, and in-service legacy cutters such as
the 270-foot, 210-foot, and 225-foot Buoy Tenders.
(c) Definitions.--In this section:
(1) Unmanned maritime system.--
(A) In general.--The term ``unmanned maritime
system'' means a remotely operated or autonomous
vehicle that--
(i) is produced by the commercial sector;
(ii) is designed to travel in the air, on
or under the ocean surface, on land, or any
combination thereof; and
(iii) functions without an on-board human
presence.
(B) Inclusions.--The term ``unmanned maritime
system'' includes--
(i) associated components, such as control
and communications, data transmission, and
processing systems;
(ii) an unmanned undersea vehicle;
(iii) an unmanned surface vehicle;
(iv) an unmanned aerial vehicle;
(v) an autonomous underwater vehicle;
(vi) an autonomous surface vehicle; and
(vii) an autonomous aerial vehicle.
(2) Available unmanned maritime systems.--The term
``available unmanned maritime systems'' includes unmanned
maritime systems that can be purchased commercially or are
available to the Coast Guard in coordination with the
Department of Defense or other Federal agency.
SEC. 404. UNMANNED AIRCRAFT SYSTEMS TESTING.
(a) Training Area.--The Commandant shall carry out and update, as
appropriate, a program for the use of a training area one or more
training areas to facilitate the use of unmanned aircraft systems and
small unmanned aircraft systems to support missions of the Coast Guard.
(b) Designation of Area.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall, as part of the
program under subsection (a), designate an area for the
training, testing, and development of unmanned aircraft systems
and small unmanned aircraft systems.
(2) Considerations.--In designating a training area under
paragraph (1), the Commandant shall--
(A) select an area that leverages the capabilities
of the common test site for unmanned aircraft systems
of the Department of Homeland Security; and
(B) take into consideration all of the following
attributes of the training area:
(i) Direct over-water maritime access from
the site.
(ii) The availability of existing Coast
Guard support facilities, including pier and
dock space.
(iii) Proximity to existing and available
offshore Warning Area airspace for test and
training.
(iv) Existing facilities and infrastructure
to support unmanned aircraft system-augmented,
and small unmanned aircraft system-augmented,
training, evaluations, and exercises.
(v) Existing and appropriate Federal
Aviation Administration flight authorizations
for the area.
(vi) Existing facilities with a proven
track record of supporting unmanned aircraft
systems and small unmanned aircraft systems
flight operations.
(c) Definitions.--In this section--
(1) the term ``existing'' means as of the date of enactment
of this Act; and
(2) the terms ``small unmanned aircraft'' and ``unmanned
aircraft system'' have the meanings given those terms in
section 44801 of title 49, United States Code.
SEC. 405. REPORT OF DETERMINATION; TECHNICAL CORRECTION.
Section 105(f)(2) of the Pribilof Islands Transition Act (Public
Law 106-562; 16 U.S.C. 1161 note) is amended by striking ``subsection
(a)'' and inserting ``paragraph (1)''.
SEC. 406. TOWING VESSELS OPERATING OUTSIDE THE BOUNDARY LINE.
(a) Definitions.--In this section--
(1) the term ``Boundary Line'' has the meaning given the
term in section 103 of title 46, United States Code;
(2) the term ``Officer in Charge, Marine Inspection'' has
the meaning given the term in section 3305(d)(4) of title 46,
United States Code; and
(3) the term ``Secretary'' means the Secretary of the
Department in which the Coast Guard is operating.
(b) Interim Exemption.--A towing vessel described in subsection (c)
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 (as in effect on the date of enactment
of this Act), that would result solely from such vessel operating
outside the Boundary Line, if--
(1) the vessel is operating outside the Boundary Line
solely to perform regular harbor assist operations;
(2) the voyage of the vessel occurring outside of the
Boundary Line--
(A) is less than 12 hours in total duration;
(B) originates and ends in the inspection zone of a
single Officer in Charge, Marine Inspection; and
(C) occurs no further than 10 nautical miles from
the Boundary Line;
(3) the vessel is approved for operations outside the
Boundary Line by the Officer in Charge, Marine Inspection and
the Coast Guard Marine Safety Center; and
(4) the vessel has sufficient manning and lifesaving
equipment for all persons on board, in accordance with part 15
and section 141.225 of title 46, Code of Federal Regulations
(or any successor regulation).
(c) 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 chapter I of title
46, Code of Federal Regulations (or any successor regulation);
(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
(or any successor regulation); and
(3) that is operating as a harbor assist vessel and
regularly engaged in harbor assist operations, including the
docking, undocking, mooring, unmooring, and escorting of
vessels with limited maneuverability.
(d) Safety.--
(1) Safety restrictions.--The Officer in Charge, Marine
Inspection for an inspection zone may restrict operations under
the interim exemption provided under subsection (b) for safety
purposes.
(2) Comprehensive lists.--The Officer in Charge, Marine
Inspection for an inspection zone shall maintain a
comprehensive list, updated periodically, of all towing vessels
described in subsection (c) that operate in the inspection
zone.
(3) Notification.--Not later than 24 hours prior to
intended operations outside of the Boundary Line, a towing
vessel exempted under subsection (b) shall notify the Office in
Charge, Marine Inspection for the inspection zone of such
operations. Such notification shall include--
(A) the date, time, and length of voyage;
(B) a crew list, with each crew member's
credentials and work hours; and
(C) an attestation from the master of the towing
vessel that the vessel has sufficient manning and
lifesaving equipment for all persons on board.
(e) Briefing.--Not later than 180 days after the date of enactment
of this Act, the Commandant of the Coast Guard shall brief the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives regarding the following:
(1) The impacts of the interim exemption provided under
this section.
(2) Any safety concerns regarding the expiration of such
interim exemption.
(3) Whether such interim exemption should be extended.
(f) Termination.--The interim exemption provided under subsection
(b) shall terminate on the date that is 2 years after the date of
enactment of this Act.
SEC. 407. REPEAL OF CARIBBEAN SUPPORT TENDER AUTHORIZATION.
Section 343 of the Maritime Transportation Security Act of 2002
(Public Law 107-295; 116 Stat. 2106) and the item relating to that
section in section 1(b) of that Act, are repealed.
SEC. 408. FAIRWAYS.
Not later than May 1, 2021, the Commandant shall conduct a review
of navigation on the East Coast of the United States and submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the review, including any
recommendations for new fairways on that coast to facilitate commerce.
<DELETED>SEC. 409. NONOPERATING INDIVIDUALS.</DELETED>
<DELETED> (a) Definitions.--</DELETED>
<DELETED> (1) In general.--Section 2101 of title 46, United
States Code, is amended--</DELETED>
<DELETED> (A) by redesignating paragraphs (24)
through (54) as paragraphs (25) through (55),
respectively; and</DELETED>
<DELETED> (B) by inserting after paragraph (23) the
following:</DELETED>
<DELETED> ``(24) `nonoperating individual' means an
individual on a vessel who--</DELETED>
<DELETED> ``(A) does not perform--</DELETED>
<DELETED> ``(i) watchstanding, automated
engine room duty watch, navigation, or
personnel safety functions;</DELETED>
<DELETED> ``(ii) 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;</DELETED>
<DELETED> ``(iii) vessel maintenance,
including any repairs that can be performed by
the vessel's crew or a riding gang member;
or</DELETED>
<DELETED> ``(iv) safety, security, or
environmental protection activities directly
related to the operation of the vessel and
normally conducted by the vessel's
crew;</DELETED>
<DELETED> ``(B) does not serve as part of the crew
complement required under section 8101 of this
title;</DELETED>
<DELETED> ``(C) does not serve as a riding gang
member;</DELETED>
<DELETED> ``(D) is not a member of the steward's
department;</DELETED>
<DELETED> ``(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; and</DELETED>
<DELETED> ``(F) is not specifically exempted from
the requirement to have a merchant mariner's document
under section 8701(a) of this title.''.</DELETED>
<DELETED> (2) Conforming amendments.--</DELETED>
<DELETED> (A) Section 3(3) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1802(3)), is amended by striking ``section 2101(30)''
and inserting ``section 2101''.</DELETED>
<DELETED> (B) Section 1992(d)(7) of title 18, United
States Code, is amended by striking ``section
2101(31)'' and inserting ``section
2101(32)''.</DELETED>
<DELETED> (C) Section 2113(3) of title 46, United
States Code, is amended by striking ``section
2101(51)(A)'' and inserting ``section
2101(52)(A)''.</DELETED>
<DELETED> (D) Section 3202(a)(1)(A) of title 46,
United States Code, is amended by striking ``section
2101(29)(A)'' and inserting ``section
2101(30)(A)''.</DELETED>
<DELETED> (E) Section 3507(k)(1) of title 46, United
States Code, is amended by striking ``section
2101(31)'' and inserting ``section 2101''.</DELETED>
<DELETED> (F) Section 4105 of title 46, United
States Code, is amended--</DELETED>
<DELETED> (i) in each of subsections (b)(1)
and (c), by striking ``section 2101(51)'' and
inserting ``section 2101(52)''; and</DELETED>
<DELETED> (ii) in subsection (d), by
striking ``section 2101(51)(A)'' and inserting
``section 2101(52)(A)''.</DELETED>
<DELETED> (G) Section 12119(a)(3) of title 46,
United States Code, is amended by striking ``section
2101(26)'' and inserting ``section 2101''.</DELETED>
<DELETED> (H) Section 1131(a)(1)(E) of title 49,
United States Code, is amended by striking ``section
2101(46) of title 46'' and inserting ``section 116 of
title 46''.</DELETED>
<DELETED> (b) Citizenship and Navy Reserve Requirements.--Section
8103(j) of title 46, United States Code, is amended--</DELETED>
<DELETED> (1) in the subsection heading, by striking
``Riding Gang Member'' and inserting ``Riding Gang Member or
Nonoperating Individual''; and</DELETED>
<DELETED> (2) by inserting ``or a nonoperating individual''
before the period.</DELETED>
<DELETED> (c) Nonoperating Individuals.--</DELETED>
<DELETED> (1) In general.--Chapter 81 of title 46, United
States Code, is amended--</DELETED>
<DELETED> (A) by redesignating section 8107 as
section 8108; and</DELETED>
<DELETED> (B) by inserting after section 8106 the
following:</DELETED>
<DELETED>``Sec. 8107. Nonoperating individuals</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) ensure that--</DELETED>
<DELETED> ``(A) each nonoperating individual on the
vessel--</DELETED>
<DELETED> ``(i) is a United States citizen
or an alien lawfully admitted to the United
States for permanent residence; or</DELETED>
<DELETED> ``(ii) possesses--</DELETED>
<DELETED> ``(I) a United States
nonimmigrant visa for individuals
desiring to enter the United States
temporarily for business;</DELETED>
<DELETED> ``(II) employment-related
and personal identifying information;
and</DELETED>
<DELETED> ``(III) any other
documentation required by the
Secretary;</DELETED>
<DELETED> ``(B) all required documentation for such
individual is kept on the vessel and available for
inspection by the Secretary; and</DELETED>
<DELETED> ``(C) each nonoperating individual is
identified on the vessel's crew list;</DELETED>
<DELETED> ``(2) ensure that--</DELETED>
<DELETED> ``(A) each nonoperating individual
possesses--</DELETED>
<DELETED> ``(i) a merchant mariner's
document;</DELETED>
<DELETED> ``(ii) a transportation security
card issued under section 70105; or</DELETED>
<DELETED> ``(iii) a current security
clearance issued by a Federal agency;
or</DELETED>
<DELETED> ``(B) the employer of the nonoperating
individual attests in a certificate to the owner or
managing operator that--</DELETED>
<DELETED> ``(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 cargo of the vessel, the ports the vessel
visits, or other individuals onboard the
vessel;</DELETED>
<DELETED> ``(ii) the examination under
clause (i)--</DELETED>
<DELETED> ``(I) with regard to an
individual described in paragraph
(1)(A)(i), met the requirements of
section 70105(d)(2); or</DELETED>
<DELETED> ``(II) with regard to an
individual described in paragraph
(1)(A)(ii), consisted of a check of
relevant international databases and
such other information that the
Secretary considers relevant and
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; and</DELETED>
<DELETED> ``(iii) the information derived
from the examination under clause (i) is made
available to the Secretary upon
request;</DELETED>
<DELETED> ``(3) ensure that each nonoperating individual of
the vessel, while on board the vessel, is subject to the same
random chemical testing and reporting regimes as crew
members;</DELETED>
<DELETED> ``(4) ensure that each such individual employed on
the vessel receives basic safety familiarization and basic
safety training approved by the Coast Guard as satisfying the
requirements for such training under the International
Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, done at London July 7,
1978;</DELETED>
<DELETED> ``(5) prevent from boarding the vessel, or cause
the removal from the vessel at the first available port, and
disqualify from future service on board any other vessel owned
or operated by that owner or operator, any nonoperating
individual--</DELETED>
<DELETED> ``(A) who has been convicted in any
jurisdiction of an offense described in paragraph (2)
or (3) of section 7703;</DELETED>
<DELETED> ``(B) whose license, certificate of
registry, or merchant mariner's document has been
suspended or revoked under section 7704; or</DELETED>
<DELETED> ``(C) who otherwise constitutes a threat
to the safety of the vessel;</DELETED>
<DELETED> ``(6) ensure and certify to the Secretary that the
vessel is in compliance with section 3304 and chapter 35, to
the extent such section or chapter otherwise applies to the
vessel; and</DELETED>
<DELETED> ``(7) ensure that each nonoperating individual on
board the vessel is employed 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.</DELETED>
<DELETED> ``(b) Work Restrictions.--A nonoperating individual on
board a vessel to which subsection (a) applies may not perform on board
the vessel--</DELETED>
<DELETED> ``(1) watchstanding, automated engine room duty
watch, navigational, or personnel safety functions;</DELETED>
<DELETED> ``(2) 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;</DELETED>
<DELETED> ``(3) vessel maintenance, including any repairs
that can be performed by the vessel's crew or a riding gang
member; or</DELETED>
<DELETED> ``(4) safety, security, or environmental
protection activities directly related to the operation of the
vessel and normally conducted by the vessel's crew.</DELETED>
<DELETED> ``(c) 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.</DELETED>
<DELETED> ``(d) Civil Penalty.--A person violating this section is
liable to the United States Government for a civil penalty of
$1,250.''.</DELETED>
<DELETED> (2) Analysis for chapter 81.--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:</DELETED>
<DELETED>``8107. Nonoperating individuals.
<DELETED>``8108. Use of force against piracy.''.
<DELETED> (3) Conforming amendments.--Title 46, United
States Code, is amended--</DELETED>
<DELETED> (A) in section 8701, by adding at the end
the following:</DELETED>
<DELETED> ``(e) This section shall not apply to an individual
engaged, employed, or serving on board a vessel who is a nonoperating
individual, as defined in section 8107 of this title.''; and</DELETED>
<DELETED> (B) in section 51705(4), by striking ``46
U.S.C. 8107 note'' and inserting ``46 U.S.C. 8108
note''.</DELETED>
SEC. 409. SENSE OF CONGRESS REGARDING THE MARITIME INDUSTRY OF THE
UNITED STATES.
It is the sense of Congress that the maritime industry of the
United States contributes to the Nation's economic prosperity and
national security.
SEC. 410. ABANDONED SEAFARERS FUND AMENDMENTS.
Section 11113 of title 46, United States Code, is amended--
(1) in the matter preceding subparagraph (A) of subsection
(a)(2), by striking ``may be appropriated'' and inserting
``shall be available without further appropriations and shall
remain available until expended''; and
(2) in subsection (c)--
(A) in the matter preceding subparagraph (A) of
paragraph (1), by inserting ``plus a surcharge of 25
percent of such total amount,'' after ``seafarer,'';
and
(B) by striking paragraph (4).
SEC. 411. CONFORMING AMENDMENTS: TRAINING; PUBLIC SAFETY PERSONNEL.
Chapter 701 of title 46, United States Code, is amended--
(1) in section 70107--
(A) in subsection (a), by striking ``law
enforcement agency personnel'' and inserting ``public
safety personnel'';
(B) in the matter preceding subparagraph (A) of
subsection (b)(8), by striking ``law enforcement
personnel--'' and inserting ``public safety personnel--
''; and
(C) in subsection (c)(2)(C), by striking ``law
enforcement personnel'' and inserting ``public safety
personnel''; and
(2) in section 70132--
(A) in the matter preceding paragraph (1) of
subsection (a), by striking ``law enforcement
personnel--'' and inserting ``public safety personnel--
'';
(B) in subsection (b), by striking ``law
enforcement personnel'' each instance such term appears
and inserting ``public safety personnel''; and
(C) by adding at the end the following:
``(d) Public Safety Personnel Defined.--For the purposes of this
section, the term `public safety personnel' includes any Federal, State
(or political subdivision thereof), territorial, or Tribal law
enforcement officer, firefighter, or emergency response provider.''.
SEC. 412. 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; 49 U.S.C. 60117 note) is repealed and shall be deemed not to have
been enacted.
SEC. 413. SUBROGATED CLAIMS.
(a) In General.--Section 1012(b) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(b)) is amended--
(1) by striking ``Fund.--The'' and inserting the following:
``Fund.--
``(1) In general.--The''; and
(2) by adding at the end the following:
``(2) Subrogation.--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 third party to such compensation.''.
(b) Effective Date.--The amendments made by this section shall take
effect 180 days following the date of enactment of this Act.
SEC. 414. USE OF ENGINE CUT-OFF SWITCH LINKS.
(a) In General.--Chapter 43 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 4313. Use of engine cut-off switch links
``(a) Use of Engine Cut-Off Switch Links.--A person shall not
operate a covered recreational vessel unless--
``(1) the person is wearing an engine cut-off switch link
while operating above no-wake speed; and
``(2) the engine cut-off switch is equipped under the
requirements of section 4312.
``(b) Penalty.--A person that violates subsection (a) shall be
subject to a civil penalty under section 4311 of this title not to
exceed--
``(1) $100 for the first offense;
``(2) $250 for the second offense; and
``(3) $500 for any subsequent offense.
``(c) Definitions.--In this section--
``(1) the term `covered recreation vessel' means a
recreational vessel less than 26 feet overall in length, except
such term shall not include any vessel--
``(A) whose main helm is installed within an
enclosed cabin that would protect an operator from
being thrown overboard should the operator be displaced
from the helm;
``(B) with propulsion machinery developing static
thrust of less than 115 pounds or 3 horsepower; or
``(C) without an engine cut-off switch installed
under the requirements of section 4312;
``(2) the term `engine cut-off switch' means a mechanical
or electronic device that is connected to propulsion machinery
that will stop propulsion if--
``(A) the switch is not properly connected; or
``(B) the switch components are submerged in water
or separated from the switch by a predetermined
distance; and
``(3) the term `engine cut-off switch link' means the
equipment attached to the recreational vessel operator that
activates the engine cut-off switch.''.
(b) Analysis for Chapter 43.--The analysis for chapter 43 of title
46, United States Code, is amended by adding at the end the following:
``4313. Use of engine cut-off switch links.''.
SEC. 415. EQUIVALENCY AUTHORITY.
(a) In General.--Section 4305 of title 46, United States Code, is
amended--
(1) in the section heading, by adding ``and Equivalents''
after ``Exemptions'';
(2) by striking ``If the Secretary'' and inserting the
following:
``(a) Exemptions.--If the Secretary''; and
(3) by adding at the end the following:
``(b) Equivalents.--If the Secretary considers that recreational
vessel safety will not be adversely affected, the Secretary may accept
a substitution for associated equipment performance or other safety
standards for a recreational vessel as required by this chapter, if the
substitution provides an equivalent level of safety.''.
(b) Analysis for Chapter 43.--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.''.
SEC. 416. ARCTIC PARS NATIVE ENGAGEMENT.
The Commandant shall--
(1) engage directly with local coastal whaling and fishing
communities in the Arctic region when conducting the Alaskan
Arctic Coast Port Access Route Study, in accordance with
chapter 700 of title 46, United States Code, and as described
in the notice of study published in the Federal Register on
December 21, 2018 (83 Fed. Reg. 65701); and
(2) shall consider the concerns of the Arctic coastal
community regarding any Alaskan Arctic Coast Port Access Route,
including safety needs and concerns.
SEC. 417. AUTHORIZATION OF USE OF AUTOMATIC IDENTIFICATION SYSTEMS
DEVICES TO MARK FISHING EQUIPMENT.
(a) Definitions.--In this section--
(1) the term ``Automatic Identification System'' has the
meaning given the term in section 164.46(a) of title 33, Code
of Federal Regulations, or any successor regulation;
(2) the term ``Automatic Identification System device''
means a covered device that operates in radio frequencies
assigned to the Automatic Identification System;
(3) the term ``Commission'' means the Federal
Communications Commission; and
(4) the term ``covered device'' means a device used to mark
fishing equipment.
(b) Rulemaking Required.--Not later than 180 days after the date of
enactment of this Act, the Commission, in consultation with the
Commandant, shall initiate a rulemaking proceeding to consider whether
to authorize covered devices to operate in radio frequencies assigned
to the Automatic Identification System.
(c) Considerations.--In conducting the rulemaking under subsection
(b), the Commission shall consider whether imposing requirements with
respect to the manner in which Automatic Identification System devices
are deployed and used would enable the authorization of covered devices
to operate in radio frequencies assigned to the Automatic
Identification System consistent with the core purpose of the Automatic
Identification System to prevent maritime accidents.
SEC. 418. DIRECT HIRE AUTHORITY FOR CERTAIN COMPETITIVE SERVICE
POSITIONS IN THE DEPARTMENT OF HOMELAND SECURITY.
(a) Parallel Direct Hire Authority for the Department of Homeland
Security.--Chapter 99 of title 5, United States Code, is amended by
adding at the end the following:
``Sec. 9905a. Direct hire authority for certain personnel of the
Department of Homeland Security
``(a) In General.--The Secretary of Homeland Security may appoint,
without regard to the provisions of subchapter I of chapter 33 (other
than sections 3303 and 3328 of such chapter), qualified candidates to
any of the following positions in the competitive service in the
Department of Homeland Security in support of the Coast Guard:
``(1) Any position involved with Department maintenance
activities, including depot-level maintenance and repair.
``(2) Any position involved with cybersecurity.
``(3) Any individual in the acquisition workforce that
manages any services contracts necessary to the operation and
maintenance of programs of the Department.
``(4) Any science, technology, or engineering position in
order to allow development of new systems and provide for the
maintenance of legacy systems.
``(b) Sunset.--Effective on September 30, 2025, the authority
provided under subsection (a) shall expire.''.
(b) Conforming and Clerical Amendments.--
(1) Chapter heading.--The heading of chapter 99 of such
title is amended to read as follows:
``CHAPTER 99--PERSONNEL AUTHORITIES FOR DEPARTMENT OF DEFENSE AND
DEPARTMENT OF HOMELAND SECURITY''.
(2) Analysis for chapter 99.--The analysis for chapter 99
of such title is amended by adding at the end the following new
item:
``9905a. Direct hire authority for certain personnel of the Department
of Homeland Security.''.
(3) Tables of chapters.--The tables of chapters at the
beginning of title 5, United States Code, and at the beginning
of part III of such title are each amended by striking the item
relating to chapter 99 and inserting the following new item:
``99. Personnel Authorities for Department of Defense and 9901''.
Department of Homeland Security.
SEC. 419. NATIONAL POLICY, PERFORMANCE EVALUATIONS, AND RESEARCH
REGARDING VESSEL TRAFFIC SERVICE CENTERS.
(a) In General.--Chapter 700 of title 46, United States Code, is
amended--
(1) by redesignating sections 70004 and 70005 as sections
70005 and 70006, respectively; and
(2) by inserting after section 70003 the following:
``Sec. 70004. Vessel traffic service system
``(a) National Policy.--
``(1) Establishment and update of national policy.--
``(A) Establishment of policy.--Not later than one
year after the date of enactment of this section, the
Secretary shall establish a national policy to be
applied to all vessel traffic service centers and
publish such policy in the Federal Register.
``(B) Update.--The Secretary shall periodically
update the national policy established under
subparagraph (A) and publish such update in the Federal
Register.
``(2) Elements.--The national policy established and
updated under paragraph (1) shall include, at a minimum, the
following:
``(A) Standardization of titles, roles, and
responsibilities for all personnel assigned, working,
or employed in a vessel traffic service center.
``(B) Standardization of organizational structure
within vessel traffic service centers, to include
supervisory and reporting chain and processes.
``(C) Establishment of directives for the
application of authority provided to each vessel
traffic service center, specifically with respect to
directing or controlling vessel movement when such
action is justified in the interest of safety.
``(D) Establishment of thresholds and measures for
monitoring, informing, recommending, and directing
vessel traffic.
``(E) Establishment of national procedures and
protocols for vessel traffic management.
``(F) Standardization of training for all vessel
traffic service directors, operators, and
watchstanders.
``(G) Establishment of certification and competency
evaluation for all vessel traffic service directors,
operators, and watchstanders.
``(H) Establishment of standard operating language
when communicating with vessel traffic users.
``(I) Establishment of data collection and
archiving processes for vessel incidents and near-miss
events.
``(3) Regional policies.--
``(A) Development.--The captain of the port covered
by a vessel traffic service center may develop and
submit to the Secretary regional policies in addition
to the national policy established and updated under
paragraph (1) to account for variances from that
national policy with respect to local vessel traffic
conditions and volume, geography, water body
characteristics, waterway usage, and any additional
factors that the captain considers appropriate.
``(B) Review and approval by secretary.--Not later
than 180 days after receiving regional policies under
subparagraph (A)--
``(i) the Secretary shall review those
regional policies; and
``(ii) the captain of the port concerned
shall implement the policies that the Secretary
approves.
``(C) Maintenance of policies.--The Secretary shall
maintain a central depository for all regional policies
approved under subparagraph (B).
``(b) Performance Evaluation.--
``(1) In general.--The Secretary shall develop and
implement a standard method for evaluating the performance of
vessel traffic service centers.
``(2) Elements.--The standard method developed and
implemented under paragraph (1) shall include, at a minimum,
analysis and collection of data with respect to the following
within a vessel traffic service area covered by each vessel
traffic service center:
``(A) Volume of vessel traffic, categorized by type
of vessel.
``(B) Total volume of flammable, combustible, or
hazardous liquid cargo transported, categorized by
vessel type.
``(C) Data on near-miss events.
``(D) Data on marine casualties.
``(E) Application by vessel traffic operators of
traffic management authority during near-miss events
and marine casualties.
``(F) Other additional methods as the Secretary
considers appropriate.
``(3) Annual report.--Not less frequently than annually,
the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the evaluation conducted under
paragraph (1) of the performance of vessel traffic service
centers, including--
``(A) recommendations to improve safety and
performance; and
``(B) data regarding marine casualties and near-
miss events that have occurred during the period
covered by the report.
``(c) Risk Assessment Program.--
``(1) In general.--The Secretary shall develop a continuous
risk assessment program to evaluate and mitigate safety risks
for each vessel traffic service area to improve safety and
reduce the risks of oil and hazardous material discharge in
navigable waters.
``(2) Method for assessment.--The Secretary, in
coordination with State and Tribal governments, ports,
nongovernmental organizations, and private citizens, shall
develop a standard method for conducting risk assessments under
paragraph (1) that includes the collection and management of
all information necessary to identify and analyze potential
hazardous navigational trends within a vessel traffic service
area.
``(3) Information to be assessed.--
``(A) In general.--The Secretary shall ensure that
a risk assessment conducted under paragraph (1)
includes an assessment of the following:
``(i) Volume of vessel traffic, categorized
by type of vessel.
``(ii) Total volume of flammable,
combustible, or hazardous liquid cargo
transported, categorized by vessel type.
``(iii) Data on near-miss events.
``(iv) Data on marine casualties.
``(v) Geographic locations for near-miss
events and marine casualties, including
latitude and longitude.
``(vi) Cyclical risk factors such as
weather, seasonal water body currents, tides,
bathymetry, and topography.
``(vii) Weather data, in coordination with
the National Oceanic and Atmospheric
Administration.
``(B) Information storage and management
policies.--The Secretary shall retain all information
collected under subparagraph (A) and ensure policies
and procedures are in place to standardize the format
in which that information is retained to facilitate
statistical analysis of that information to calculate
within a vessel traffic service area, at a minimum, the
incident rate, intervention rate, and accident
prevention rate.
``(C) International coordination.--With respect to
vessel traffic service areas that cross international
boundaries, the Secretary may work with international
partners that have entered into bilateral or
cooperative agreements with vessel traffic service
centers to jointly manage those areas to collect,
share, and analyze, at a minimum, information described
in subparagraph (A) that is in the possession or
control of the international partner.
``(4) Public availability.--
``(A) Assessments and information.--In accordance
with section 552 of title 5, United States Code, the
Secretary shall make any risk assessments conducted
under paragraph (1) and any information collected under
paragraph (3)(A) available to the public.
``(B) Information in possession or control of
international partners.--The Secretary shall endeavor
to work with international partners described in
paragraph (3)(C) to enter into agreements to make
information collected, shared, and analyzed under that
paragraph available to the public.
``(d) Vessel Traffic Service Training.--
``(1) Training program.--
``(A) In general.--The Secretary shall develop a
comprehensive nationwide training program for all
vessel traffic service directors, operators, and
watchstanders.
``(B) Local variances.--The Secretary shall provide
for such local variances to the program developed under
subparagraph (A) as the Secretary considers
appropriate.
``(C) Elements.--The comprehensive nationwide
training program under subparagraph (A) and any
variances to that program under subparagraph (B) shall
include, at a minimum, the following:
``(i) Realistic vessel traffic scenarios to
the maximum extent practicable that integrate--
``(I) the national policy developed
under subsection (a);
``(II) international and inland
navigation rules of the United States
under the International Navigational
Rules Act of 1977 (33 U.S.C. 1601 et
seq.);
``(III) the application of vessel
traffic authority; and
``(IV) communication with vessel
traffic service users.
``(ii) Proficiency training with respect to
use, interpretation, and integration of
available data on vessel traffic service
display systems such as radar, video video, and
vessel automatic identification system feeds.
``(iii) Practical application of the
international and inland navigation rules of
the United States under the International
Navigational Rules Act of 1977 (33 U.S.C. 1601
et seq.).
``(iv) Proficiency training with respect to
the operation of radio communications equipment
and any other applicable systems necessary to
execute vessel traffic service authorities.
``(v) Incorporation of the Standard
Maritime Marine Communication Phrases adopted
by the International Maritime Organization by
resolution on April 4, 2000, as amended and
consolidated, or any successor resolution.
``(vi) Incorporation to the maximum extent
possible of guidance and recommendations
contained in vessel traffic services operator
training, vessel traffic services supervisor
training, or other relevant training set forth
by the International Association of Marine Aids
to Navigation and Lighthouse Authorities.
``(vii) A minimum number of hours of
training for an individual to complete before
the individual is qualified to fill a vessel
traffic services position without supervision.
``(viii) Local area geographic and
operational familiarization.
``(ix) Such additional components as the
Secretary considers appropriate.
``(2) Standard competency qualification process.--
``(A) In general.--The Secretary shall develop a
standard competency qualification process to be applied
to all personnel assigned, employed, or working in a
vessel traffic service center.
``(B) Application of process.--The competency
qualification process developed under subparagraph (A)
shall include measurable thresholds for determining
proficiency.
``(3) International and inland navigation rules test.--
``(A) In general.--All personnel assigned,
employed, or working in a vessel traffic service center
with responsibilities that include communicating,
interacting, or directing vessels within a vessel
traffic service area, as determined under the national
policy developed under subsection (a), shall be
required to pass a United States international and
inland navigation rules test developed by the
Secretary.
``(B) Elements of test.--The Secretary shall
determine the content and passing standard for the
rules test developed under subparagraph (A).
``(C) Testing frequency.--The Secretary shall
establish a frequency, not to exceed once every 5
years, for personnel described in subparagraph (A) to
be required to pass the rules test developed under such
subparagraph.
``(e) Research on Vessel Traffic.--
``(1) Vessel communication.--The Secretary shall conduct
research, in consultation with subject matter experts
identified by the Secretary, to develop more effective
procedures for monitoring vessel communications on radio
frequencies to identify and address unsafe situations in a
vessel traffic service area. The Secretary shall consider data
collected under subparagraphs (A) and (B) of subsection (c)(3).
``(2) Professional mariner representation.--
``(A) In general.--The Secretary shall conduct
research, in consultation with local stakeholders and
subject matter experts identified by the Secretary, to
evaluate and determine the feasibility and benefits of
representation by professional mariners on the vessel
traffic service watchfloor at each vessel traffic
service center.
``(B) Implementation.--The Secretary shall
implement representation by professional mariners on
the vessel traffic service watchfloor at those vessel
traffic service centers for which it is determined
feasible and beneficial pursuant to research conducted
under subparagraph (A).
``(f) Working Group.--
``(1) In general.--The Secretary shall establish a working
group with regional stakeholders, industry subject matter
experts, and representatives of the Radio Technical Commission
for Maritime Services (or, if such Commission does not provide
representatives, representatives of a similar organization
selected by the Secretary) to carry out the following:
``(A) To evaluate, and provide recommendations to
the Secretary regarding the implementation of,
regulations, procedures, and equipment standards as
necessary to improve and ensure broadcasted vessel
automatic identification system data is accurate
regarding the following, as applicable:
``(i) Navigation status.
``(ii) Radio call sign.
``(iii) Vessel name.
``(iv) Vessel type.
``(v) Vessel cargo.
``(vi) Vessel dimensions.
``(vii) Vessel tow size.
``(viii) Vessel tow configuration.
``(B) To develop recommended industry methods for
reporting inaccuracies regarding the information listed
in clauses (i) through (viii) of subparagraph (A).
``(2) Inclusion of identification system on certain
vessels.--
``(A) In general.--The working group established
under paragraph (1) shall evaluate and determine the
practicability, economic cost, regulatory burden, and
navigational benefit to outfitting vessels lacking
independent means of propulsion that carry flammable,
combustible, or hazardous liquid cargo with vessel
automatic identification systems.
``(B) Regulations.--Based on the evaluation under
subparagraph (A), the Secretary shall prescribe such
regulations as the Secretary considers appropriate to
establish requirements relating to the outfitting of
vessels described in such subparagraph with vessel
automatic identification systems.
``(g) Periodic Review of Vessel Traffic Service Needs.--
``(1) In general.--Based on the performance evaluation
conducted under subsection (b), the Secretary shall
periodically review vessel traffic service areas to determine--
``(A) if there are any additional vessel traffic
service needs in those areas; and
``(B) if a vessel traffic service area should be
moved or modified.
``(2) Stakeholder input.--In conducting the periodic review
under paragraph (1), the Secretary shall seek input from port
and waterway stakeholders to identify areas of increased vessel
conflicts or accidents that could benefit from the use of
routing measures or vessel traffic service special areas to
improve safety, port security, and environmental protection.
``(h) Definitions.--In this section:
``(1) Hazardous liquid cargo.--The term `hazardous liquid
cargo' has the meaning given that term in regulations
prescribed under section 5103 of title 49, United States Code.
``(2) Marine casualty.--The term `marine casualty' has the
meaning given that term in regulations prescribed under section
6101(a) of title 46, United States Code.
``(3) Vessel traffic service area.--The term `vessel
traffic service area' means an area specified in subpart C of
part 161 of title 33, Code of Federal Regulations, or any
successor regulation.
``(4) Vessel traffic service center.--The term `vessel
traffic service center' means a center for the provision of
vessel traffic services in a vessel traffic service area.''.
(b) Analysis for Chapter 700.--The analysis for chapter 700 of
title 46, United States Code, is amended by striking the items relating
to sections 70004 and 70005 and inserting the following:
``70004. Vessel traffic service system.
``70005. Considerations by Secretary.
``70006. International agreements.''.
(c) Conforming Amendments.--Chapter 700 of title 46, United States
Code, as amended by this section, is further amended--
(1) in section 70001(a)--
(A) in the matter preceding paragraph (1), by
striking ``70004'' and inserting ``70005''; and
(B) in paragraph (1), by striking ``70005'' and
inserting ``70006''; and
(2) in the matter preceding paragraph (1) in section
70003(c), by striking ``70004'' and inserting ``70005'';
(1) (3) in the matter preceding paragraph (1) of section
70005, as redesignated by subsection (a)(1), by striking ``and
70003'' and inserting ``70003, and 70004''; and
(2) (4) in section 70032, by inserting ``70005,'' after
``70004,''.
SEC. 420. REPLACEMENT VESSEL.
Notwithstanding section 208(g)(5) of the American Fisheries Act (16
U.S.C. 1851 note), a vessel described in 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 such vessel is
also a replacement vessel described in section 679.4(o)(4) of title 50,
Code of Federal Regulations (as in effect on the date of enactment of
this Act), in which case such vessel shall not be eligible to be a
catcher/processor under section 206(b)(2) of such Act.
SEC. 421. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE
CONTRACTS.
(a) In General.--Subject to subsection (b), a contract for the
containment or removal of a discharge entered into by the President (or
a delegate) under section 311(c) of the Federal Water Pollution Control
Act (33 U.S.C. 1321(c)) shall contain a provision to indemnify a
contractor for liabilities and expenses incidental to the containment
or removal arising out of the performance of the contract that is
substantially identical to the terms contained in subsections (d)
through (h) of section H.4 of the contract offered by the Coast Guard
in the solicitation numbered DTCG89-98-A-68F953 and dated November 17,
1998.
(b) Source of Funds.--The provision required under subsection (a)
shall include a provision that the obligation to indemnify is limited
to funds available in the Oil Spill Liability Trust Fund established by
section 9509(a) of the Internal Revenue Code of 1986 at the time the
claim for indemnity is made.
(c) Applicability of Exemptions.--Except as provided in the
indemnity provisions described in subsection (a), nothing in a contract
described in that subsection may create liability of the United States
to a contractor for any act or omission for which the contractor is
exempt from liability under section 311(c)(4) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(c)(4)).
SEC. 422. UNITED STATES COMMERCIAL SPACE-BASED RADIO FREQUENCY MARITIME
DOMAIN AWARENESS TESTING AND EVALUATION PROGRAM.
(a) Testing and Evaluation Program.--The Secretary of the
department in which the Coast Guard is operating shall carry out a
testing and evaluation program of United States commercial space-based
radio frequency geolocation and maritime domain awareness products and
services to support the mission objectives of maritime enforcement by
the Coast Guard and other components of the Coast Guard. The objectives
of this testing and evaluation program shall include--
(1) developing an understanding of how United States
commercial space-based radio frequency data products can meet
current and future mission requirements;
(2) establishing how United States commercial space-based
radio frequency data products should integrate into existing
work flows; and
(3) establishing how United States commercial space-based
radio frequency data products could be integrated into
analytics platforms.
(b) Report.--Not later than 240 days after the date of enactment of
this Act, such Secretary shall prepare and submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on the results of the testing and evaluation program under
subsection (a), including recommendations on how the Coast Guard should
fully exploit United States commercial space-based radio frequency data
products to meet current and future mission requirements.
SEC. 423. EXEMPTION OF COMMERCIAL FISHING VESSELS OPERATING IN THE
ALASKAN REGION FROM THE GLOBAL MARINE DISTRESS AND SAFETY
SERVICE REQUIREMENTS OF THE FEDERAL COMMUNICATIONS
COMMISSION.
(a) Definitions.--In this section--
(1) the term ``Alaskan Region'' has the meaning given the
term by the Secretary for purposes of this section; and
(2) the term ``Secretary'' means the Secretary of the
Department in which the Coast Guard is operating.
(b) Exemption.--Subject to subsection (c), the Federal
Communications Commission shall exempt fishing vessels that primarily
operate in the Alaskan Region, including fishing vessels that transit
from States in the Pacific Northwest to conduct fishing operations in
the Alaskan Region, from the requirements relating to carriage of VHF-
DSC and MF-DSC equipment under subpart W of part 80 of title 47, Code
of Federal Regulations, or any successor regulation.
(c) Functional Requirements.--A fishing vessel exempted under
subsection (b) shall--
(1) be capable of transmitting ship-to-shore distress
alerts using not fewer than 2 separate and independent systems,
each using a different radio communication service;
(2) be equipped with--
(A) a VHF radiotelephone installation;
(B) an MF or HF radiotelephone installation;
(C) a Category 1, 406.0-406.1 MHz EPIRB meeting the
requirements of section 80.1061 of title 47, Code of
Federal Regulations, or any successor regulation;
(D) a NAVTEX receiver meeting the requirements of
section 80.1101(c)(1) of title 47, Code of Federal
Regulations, or any successor regulation;
(E) survival craft equipment meeting the
requirements of section 80.1095 of title 47, Code of
Federal Regulations, or any successor regulation; and
(F) a Search and Rescue Transponder meeting the
requirements of section 80.1101(c)(6) of title 47, Code
of Federal Regulations, or any successor regulation;
and
(3) maintain a continuous watch on VHF Channel 16.
(d) Definition of Alaskan Region.--Not later than 30 days after the
date of enactment of this Act, the Secretary shall define the term
``Alaskan Region'' for purposes of this section.
SEC. 424. EDUCATIONAL VESSEL.
(a) In General.--Notwithstanding section 12112(a)(2) 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 OLIVER HAZARD PERRY (IMO number
8775560; United States official number 1257224).
(b) Termination of Effectiveness of Endorsement.--The coastwise
endorsement authorized under subsection (a) for the vessel OLIVER
HAZARD PERRY (IMO number 8775560; United States official number
1257224) shall expire on the first date on which any of the following
apply:
(1) The vessel is sold to a person, including an entity,
that is not related by ownership or control to the person,
including an entity, that owned the vessel on the date of
enactment of this Act.
(2) The vessel is rebuilt and not rebuilt in the United
States (as defined in section 12101(a) of title 46, United
States Code).
(3) The vessel is no longer operating in primary service as
a sailing school vessel or an educational sailing vessel.
<DELETED>SEC. 425. CONVEYANCE OF COAST GUARD REAL PROPERTY AT POINT
SPENCER, ALASKA.</DELETED>
<DELETED> (a) Remedial Actions.--Section 533 of the Coast Guard
Authorization Act of 2016 (Public Law 114-120; 130 Stat. 74) is amended
by adding at the end the following:</DELETED>
<DELETED> ``(f) Remedial Actions.--For purposes of the transfer of
any Tract under this section--</DELETED>
<DELETED> ``(1) any 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
that transfer; and</DELETED>
<DELETED> ``(2) a deed entered into for that transfer shall
contain 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
that transfer.''.</DELETED>
<DELETED> (b) Effect on Environmental Compliance.--Section 534(a) of
the Coast Guard Authorization Act of 2016 (42 U.S.C. 9620 note; Public
Law 114-120) is amended--</DELETED>
<DELETED> (1) by striking ``Nothing'' and inserting the
following:</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(2), nothing''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(2) Applicability after conveyance.--Prior to
the date on which a Tract is conveyed under section 533,
section 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) and
any other applicable environmental law shall not apply with
respect to any hazardous substance released on the applicable
Tract.''.</DELETED>
SEC. 425. CONVEYANCE OF COAST GUARD REAL PROPERTY AT POINT SPENCER,
ALASKA.
(a) Remedial Actions.--Section 533 of the Coast Guard Authorization
Act of 2016 (Public Law 114-120; 130 Stat. 74) is amended by adding at
the end the following:
``(f) Remedial Actions.--For purposes of the conveyances of real
property, land, and any improvements thereon, 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 Coast Guard after the date of
such conveyance and a deed entered into for such conveyance shall
include a clause granting the 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 conveyance.''.
(b) Compliance.--Section 534(a) of the Coast Guard Authorization
Act of 2016 (42 U.S.C. 9620 note; Public Law 114-120) is amended--
(1) by striking ``Nothing'' and inserting ``After the date
on which the Secretary of the Interior conveys land under
section 533, nothing''; and
(2) by inserting ``, with respect to contaminants on such
land placed there prior to the date on which the land is
conveyed'' before the period.
SEC. 426. COAST GUARD SHORE INFRASTRUCTURE IMPROVEMENT.
(a) In General.--Not later than December 31, 2020, the Commandant
shall--
(1) develop a plan to standardize Coast Guard facility
condition assessments;
(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;
(5) employ models for Coast Guard infrastructure asset
lines for--
(A) predicting the outcome of investments in shore
infrastructure;
(B) analyzing tradeoffs; and
(C) optimizing decisions among competing
investments;
(6) include in congressional budget requests and related
reports supporting details on competing project alternatives
and report tradeoffs; and
(7) explore the development of real property management
expertise in the Coast Guard work force, including members of
the Senior Executive Service.
(b) Briefing.--Not later than January 31, 2021, the Commandant
shall brief the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives with respect to the status of the actions
required under subsection (a).
SEC. 427. COAST GUARD ARCTIC PRIORITIZATION.
(a) Findings.--Congress makes the following findings:
(1) The strategic importance of the Arctic continues to
increase as the United States and other countries recognize the
military significance of the sea lanes and choke points within
the region and understand the potential for power projection
from the Arctic into multiple regions.
(2) Russia and China have conducted military exercises
together in the Arctic, have agreed to connect the Northern Sea
Route, claimed by Russia, with China's Maritime Silk Road, and
are working together in developing natural gas resources in the
Arctic.
(3) The economic significance of the Arctic continues to
grow as countries around the globe begin to understand the
potential for maritime transportation through, and economic and
trade development in, the region.
(4) Increases in human, maritime, and resource development
activity in the Arctic region may create additional mission
requirements for the Department of Defense and the Department
of Homeland Security.
(5) The increasing role of the United States in the Arctic
has been highlighted in each of the last four National Defense
Authorization Acts.
(6) The United States Coast Guard Arctic Strategic Outlook
released in April 2019 states, ``Demonstrating commitment to
operational presence, Canada, Denmark, and Norway have made
strategic investments in ice-capable patrol ships charged with
national or homeland security missions. [The United States] is
the only Arctic State that has not made similar investments in
ice-capable surface maritime security assets. This limits the
ability of the Coast Guard, and the Nation, to credibly uphold
sovereignty or respond to contingencies in the Arctic.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Arctic is a region of strategic importance to the
national security interests of the United States, and the Coast
Guard must better align its mission prioritization and
development of capabilities to meet the growing array of
challenges in the region;
(2) the increasing freedom of navigation and expansion of
activity in the Arctic must be met with an increasing show of
Coast Guard forces capable of exerting influence through
persistent presence;
(3) Congress fully supports the needed and important re-
capitalization of the fleet of cutters and aircraft of the
Coast Guard, but, the Coast Guard must avoid overextending
operational assets for remote international missions at the
cost of dedicated focus on this domestic area of responsibility
with significant international interest and activity; and
(4) although some progress has been made to increase
awareness of Arctic issues and to promote increased presence in
the region, additional measures are needed to protect vital
economic, environmental, and national security interests of the
United States, and to show the commitment of the United States
to this emerging strategic choke point of increasing great
power competition.
(c) Arctic Defined.--In this section, 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).
SEC. 428. NATIONAL COMMERCIAL FISHING SAFETY ADVISORY COMMITTEE.
Section 15102 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``shall'';
(B) in paragraph (1)--
(i) by striking ``advise'' and inserting
``shall advise and provide recommendations in
writing to''; and
(ii) in subparagraph (E), by striking
``and'' after the semicolon;
(C) in paragraph (2)--
(i) by inserting ``shall'' before
``review''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(3) shall review marine casualties and investigations of
vessels covered by chapter 45 of this title and make
recommendations to the Secretary to improve safety and reduce
future vessel casualties;
``(4) shall submit recommendations on matters described in
paragraphs (1), (2), and (3) to the Secretary and the
Commandant of the Coast Guard in writing, and make those
recommendations available on a publicly accessible website;
``(5) may submit any recommendations on matters described
in paragraphs (1), (2), and (3) at any time and frequency as
decided appropriate by the Committee;
``(6) may make available to Congress any information,
advice, and recommendations that the Committee is authorized to
give to the Secretary; and
``(7) shall meet at the call of the Secretary, who shall
call such a meeting at least twice per year in person, and
additional meetings as appropriate.'';
(2) in subsection (c), by adding at the end the following:
``(4) Service.--
``(A) Terms.--Each member of the Committee--
``(i) shall serve a term of 3 years; and
``(ii) may serve not more than 3 terms.
``(B) Continued service after term.--When the term
of a member of the Committee ends, the member may
continue to serve as a member until a successor is
appointed, but not for longer than 1 year after the end
of the term.
``(C) Vacancy.--If a vacancy occurs in the
membership of the Committee, the Secretary shall
appoint a member to fill the remainder of the vacated
term.
``(5) Failure to appoint.--The Secretary shall appoint
Committee members not later than 60 days after the date of the
application deadline.
``(6) Representative.--The Commandant of the Coast Guard
shall, and the head of any other interested agency may,
designate a representative to participate as an observer with
the Committee. Such representatives shall, as appropriate,
report to and advise the Committee on matters relating to
vessels to which this chapter applies which are under the
jurisdiction of their respective agencies. The Secretary's
designated representative shall act as executive secretary for
the Committee and perform the duties set forth in section 10(c)
of the Federal Advisory Committee Act (5 App. U.S.C.).
``(7) Committee consultation.--The Committee shall seek
expertise from the fishing industry, marine safety experts, the
shipbuilding industry, and others as the Committee determines
appropriate.
``(8) Advisory committees.--The Committee may establish
standing or ad hoc committees as needed.
``(9) Outreach and recruitment.--At least once each year,
the Secretary shall publish a notice in the Federal Register
and in newspapers of general circulation in coastal areas
soliciting nominations for membership on the Committee, and,
after timely notice is published, appoint the members of the
Committee. An individual may be appointed to a term as a member
of the Committee more than once. The Secretary may not seek or
use information concerning the political affiliation of
individuals in making appointments to the Committee.
``(10) Technical assistance.--The Secretary shall provide
technical assistance to the Committee if requested by a
Committee member.''; and
(3) by adding at the end the following:
``(d) Meetings.--
``(1) Frequency.--The Committee shall--
``(A) meet in person not less often than twice per
year; and
``(B) hold additional meetings as needed.
``(2) Public notice.--The Secretary shall provide
reasonable public notice of any meeting of the Committee, and
publish such notice in the Federal Register and on a publicly
available website.
``(3) Quorum.--A quorum of 10 of the 18 members is required
to send any written recommendations from the meeting to the
Secretary.
``(e) Actions of the Secretary.--The Secretary shall--
``(1) consult with the Committee before taking any
significant action relating to the safe operation of vessels to
which this chapter applies;
``(2) consider the information, advice, and recommendations
of the Committee in consulting with other agencies and the
public or in formulating policy regarding the safe operation of
vessels to which this chapter applies;
``(3) make all recommendations made by the Committee under
subsection (b) public within 30 days of receiving the
recommendation from the Committee;
``(4) respond in writing to any recommendations made by the
Committee under subsection (b) and provide reasoning for
acceptance or rejection to all recommendations not later than
30 days after the date of receipt of the recommendation; and
``(5) make all responses in paragraph (4) available to the
public not later than 30 days after the date of response.
``(f) Savings Clause.--Nothing in subsection (b) shall preclude the
Secretary from taking emergency action within the existing authorities
of the Secretary to ensure safety and preservation of life at sea.
``(g) Transparency.--Meeting minutes of the Committee shall be
posted on a publicly available website not later than 2 weeks after a
meeting concludes.
``(h) Applicability of FACA.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Committee.''.
SEC. 429. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.
Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is
amended--
(1) by redesignating subsections (c), (d), (e), and (f) as
subsections (e), (f), (g), and (h), respectively;
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) Definitions.--In this section--
``(1) the term `Chair' means the Chairperson of the
Interagency Committee designated under subsection (c)(2);
``(2) the term `Commandant' means the Commandant of the
Coast Guard;
``(3) the term `institution of higher education' means an
institution of higher education, as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001 (a));
``(4) the term `Interagency Committee' means the
Interagency Coordinating Committee on Oil Pollution Research
established under subsection (b);
``(5) the term `Under Secretary' means the Under Secretary
of Commerce for Oceans and Atmosphere; and
``(6) the term `Vice-Chair' means the Vice-Chairperson of
the Interagency Committee designated under subsection (c)(3).
``(b) Establishment of Interagency Coordinating Committee on Oil
Pollution Research.--
``(1) Establishment.--There is established an Interagency
Coordinating Committee on Oil Pollution Research.
``(2) Purpose.--The Interagency Committee shall coordinate
a comprehensive program of oil pollution research, technology
development, and demonstration among the Federal agencies, in
cooperation and coordination with industry, 4-year institutions
of higher education and research institutions, State
governments, and other nations, as appropriate, and shall
foster cost-effective research mechanisms, including the joint
funding of research.
``(c) Membership.--
``(1) Composition.--The Interagency Committee shall be
composed of--
``(A) at least 1 representative of the Coast Guard;
``(B) at least 1 representative of the National
Oceanic and Atmospheric Administration;
``(C) at least 1 representative of the
Environmental Protection Agency;
``(D) at least 1 representative of the Department
of the Interior;
``(E) at least 1 representative of the Bureau of
Safety and Environmental Enforcement;
``(F) at least 1 representative of the Bureau of
Ocean Energy Management;
``(G) at least 1 representative of the United
States Fish and Wildlife Service;
``(H) at least 1 representative of the Department
of Energy;
``(I) at least 1 representative of the Pipeline and
Hazardous Materials Safety Administration;
``(J) at least 1 representative of the Federal
Emergency Management Agency;
``(K) at least 1 representative of the Navy;
``(L) at least 1 representative of the Army Corps
of Engineers;
``(M) at least 1 representative of the United
States Arctic Research Commission; and
``(N) at least 1 representative of each of such
other Federal agencies as the President considers to be
appropriate.
``(2) Chairperson.--The Commandant shall designate a
Chairperson from among members of the Interagency Committee
selected under paragraph (1)(A).
``(3) Vice-chairperson.--The Under Secretary shall
designate a Vice-Chairperson from among members of the
Interagency Committee selected under paragraph (1)(B).
``(4) Meetings.--
``(A) Quarterly meetings.--At a minimum, the
members of the Interagency Committee shall meet once
each quarter.
``(B) Public summaries.--After each meeting, a
summary shall be made available by the Chair or Vice-
Chair, as appropriate.
``(d) Duties of the Interagency Committee.--
``(1) Research.--The Interagency Committee shall--
``(A) coordinate a comprehensive program of oil
pollution research, technology development, and
demonstration among the Federal agencies, in
cooperation and coordination with industry, 4-year
institutions of higher education and research
institutions, State and tribal governments, and other
nations, as appropriate; and
``(B) foster cost-effective research mechanisms,
including the joint funding of research and the
development of public-private partnerships for the
purpose of expanding research.
``(2) Oil pollution research and technology plan.--
``(A) Implementation plan.--Not later than 180 days
after the date of enactment of the Coast Guard
Authorization Act of 2019, the Interagency Committee
shall submit to Congress a research plan to report on
the state of oil discharge prevention and response
capabilities that--
``(i) identifies current research programs
conducted by Federal agencies, State and tribal
governments, 4-year institutions of higher
education, and corporate entities;
``(ii) assesses the current status of
knowledge on oil pollution prevention,
response, and mitigation technologies and
effects of oil pollution on the environment;
``(iii) identifies significant oil
pollution research gaps, including an
assessment of major technological deficiencies
in responses to past oil discharges;
``(iv) establishes national research
priorities and goals for oil pollution
technology development related to prevention,
response, mitigation, and environmental
effects;
``(v) assesses the research on the
applicability and effectiveness of the
prevention, response, and mitigation
technologies to each class of oil;
``(vi) estimates the resources needed to
conduct the oil pollution research and
development program established pursuant to
subsection (e), and timetables for completing
research tasks;
``(vii) summarizes research on response
equipment in varying environmental conditions,
such as in currents, ice cover, and ice floes;
and
``(viii) includes such other information or
recommendations as the Interagency Committee
determines to be appropriate.
``(B) Advice and guidance.--
``(i) National academy of sciences
contract.--The Chair, through the department in
which the Coast Guard is operating, shall
contract with the National Academy of Sciences
to--
``(I) provide advice and guidance
in the preparation and development of
the research plan;
``(II) assess the adequacy of the
plan as submitted, and submit a report
to Congress on the conclusions of such
assessment; and
``(III) provide organization
guidance regarding the implementation
of the research plan, including
delegation of topics and research among
Federal agencies represented on the
Interagency Committee.
``(ii) NIST advice and guidance.--The
National Institute of Standards and Technology
shall provide the Interagency Committee with
advice and guidance on issues relating to
quality assurance and standards measurements
relating to its activities under this section.
``(C) 10-year updates.--Not later than 10 years
after the date of enactment of the Coast Guard
Authorization Act of 2019 and every 10 years
thereafter, the Interagency Committee shall submit to
Congress a research plan that updates the information
contained in the previous research plan submitted under
this subsection.'';
(3) in subsection (e), as redesignated by paragraph (1) of
this section--
(A) in paragraph (1), by inserting ``technology''
after ``research and'';
(B) in paragraph (2), in the matter preceding
subparagraph (A)--
(i) by striking ``this subsection'' and
inserting ``paragraph (1)''; and
(ii) by striking ``which are effective in
preventing or mitigating oil discharges and
which'' and inserting ``and methods that are
effective in preventing, mitigating, or
restoring damage from oil discharges and
that'';
(C) in paragraph (4)(A)--
(i) in the matter preceding clause (i), by
striking ``oil discharges. Such program shall''
and inserting ``acute and chronic oil
discharges on coastal and marine resources
(including impacts on protected areas such as
sanctuaries) and protected species, and such
program shall'';
(ii) by redesignating clauses (iii) and
(iv) as clauses (iv) and (v), respectively;
(iii) by inserting after clause (ii) the
following:
``(iii) Research to understand and quantify the
effects of sublethal impacts of oil discharge on living
natural marine resources, including impacts on pelagic
fish species, marine mammals, and commercially and
recreationally targeted fish and shellfish species.'';
and
(iv) by inserting after clause (v), as
redesignated by subclause (II) clause (ii) of
this subparagraph, the following:
``(vi) Research to understand the long-term effects
of major oil discharges and the long-term effects of
smaller endemic oil discharges.
``(vii) Potential impacts on ecosystems, habitat,
and wildlife from the additional toxicity, heavy metal
concentrations, and increased corrosiveness of mixed
crude, such as diluted bitumen crude.
``(viii) Methods to restore and rehabilitate
natural resources and ecosystem functions damaged by
oil discharges.'';
(D) by striking paragraph (7) and inserting the
following:
``(7) Simulated environmental testing.--
``(A) In general.--Agencies represented on the
Interagency Committee shall ensure the long-term use
and operation of the Oil and Hazardous Materials
Simulated Environmental Test Tank (OHMSETT) Research
Center in New Jersey for oil pollution technology
testing and evaluations.
``(B) Other testing facilities.--Nothing in
subparagraph (A) shall be construed as limiting the
ability of the Interagency Committee to contract or
partner with a facility or facilities other than the
Center described in subparagraph (A) for the purpose of
oil pollution technology testing and evaluations,
provided such a facility or facilities have testing and
evaluation capabilities equal to or greater than those
of such Center.
``(B) (C) in-kind contributions.--
``(i) In general.--The Secretary of the
Department in which the Coast Guard is
operating and the Administrator of the
Environmental Protection Agency may accept
donations of crude oil and crude oil product
samples in the form of in-kind contributions
for use by the Federal Government for product
testing, research and development, and for
other purposes as the Secretary and the
Administrator determine appropriate.
``(ii) Use of donated oil.--Oil accepted
under clause (i) may be used directly by the
Secretary and shall be provided to other
Federal agencies or departments through
interagency agreements to carry out the
purposes of this Act.'';
(E) in paragraph (8)--
(i) in subparagraph (A), by striking
``subsection (b)'' and inserting ``subsection
(d)''; and
(ii) in subparagraph (D)(iii), by striking
``subsection (b)(1)(F)'' and inserting
``subsection (d)''; and
(F) in paragraph (10)--
(i) by striking ``agencies represented on
the Interagency Committee'' and inserting
``Under Secretary'';
(ii) by inserting ``States, tribes,'' after
``research institutions,''; and
(iii) by striking ``subsection (b)'' and
inserting ``subsection (d)'';
(4) in subsection (f), as redesignated by paragraph (1) of
this section, by striking ``subsection (b)'' and inserting
``subsection (d)'';
(5) in subsection (g), as redesignated by paragraph (1) of
this section, by striking ``Chairman of the Interagency
Committee'' and inserting ``Chair''; and
(6) in subsection (h), as redesignated by paragraph (1) of
this section, by striking ``subsection (c)(8)'' each place the
term appears and inserting ``subsection (e)(8)''.
SEC. 430. MEDICAL STANDARDS.
(a) In General.--Chapter 35 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 3509. Medical standards
``The owner of a vessel to which section 3507 applies shall ensure
that--
``(1) a physician is always present and available to treat
any passengers who may be on board the vessel in the event of
an emergency situation; and
``(2) the vessel is in compliance with the Health Care
Guidelines for Cruise Ship Medical Facilities established by
the American College of Emergency Physicians.''.
(b) Technical Amendment.--The analysis for chapter 35 of title 46,
United States Code, is amended by adding at the end the following:
``3509. Medical standards.''.
SEC. 431. NORTHERN MICHIGAN OIL SPILL RESPONSE PLANNING.
Notwithstanding any other provision of law, not later than 180 days
after the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating, in consultation with
the Administrator of the Environmental Protection Agency, shall update
the Northern Michigan Area Contingency Plan to include a worst-case
discharge from an onshore pipeline in adverse weather conditions,
including significant wave height conditions and ice-covered
conditions.
SEC. 432. LAND-BASED UNMANNED AIRCRAFT SYSTEM PROGRAM OF THE COAST
GUARD.
(a) Funding for Certain Enhanced Capabilities.--Section 319 of
title 14, United States Code, is amended by adding at the end the
following new subsection:
``(c) Funding for Certain Enhanced Capabilities.--In each of fiscal
years 2020 and 2021, the Commandant may provide additional funding of
$5,000,000 for additional long-range maritime patrol aircraft (MPA),
acquired through full and open competition.''.
(b) Report on Use of Unmanned Aircraft Systems for Certain
Surveillance.--
(1) Report required.--Not later than March 31, 2021, the
Commandant shall submit to the appropriate committees of
Congress a report setting forth an assessment of the
feasibility and advisability of using unmanned aircraft systems
(UAS) for surveillance of marine protected areas, the transit
zone, and the Arctic in order to--
(A) establish and maintain regular maritime domain
awareness of such areas;
(B) ensure appropriate response to illegal
activities in such areas; and
(C) collaborate with State, local, and tribal
authorities, and international partners, in
surveillance missions over their waters in such areas.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security
and Governmental Affairs of the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Homeland Security
of the House of Representatives.
SEC. 433. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE
UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Agency Operation or Procurement.--The Commandant
may not operate or enter into or renew a contract for the procurement
of--
(1) a covered unmanned aircraft system that--
(A) is manufactured in a covered foreign country or
by an entity domiciled in a covered foreign country;
(B) uses flight controllers, radios, data
transmission devices, cameras, or gimbals manufactured
in a covered foreign country or by an entity domiciled
in a covered foreign country;
(C) uses a ground control system or operating
software developed in a covered foreign country or by
an entity domiciled in a covered foreign country; or
(D) uses network connectivity or data storage
located in or administered by an entity domiciled in a
covered foreign country; or
(2) a system manufactured in a covered foreign country or
by an entity domiciled in a covered foreign country for the
detection or identification of covered unmanned aircraft
systems.
(b) Exemption.--
(1) In general.--The Commandant is exempt from the
restriction under subsection (a) if--
(A) the operation or procurement is for the
purposes of--
(i) counter-UAS surrogate testing and
training; or
(ii) intelligence, electronic warfare, and
information warfare operations, testing,
analysis, and training; or
(B) the Commandant receives a certification from
the Coast Guard unit requesting to operate or procure
an unmanned aircraft system otherwise restricted under
subsection (a), which shall include supporting
manufacturer information, that the unmanned aircraft
system does not--
(i) connect to the internet or an outside
telecommunications service;
(ii) connect to other devices or
electronics, except as necessary to perform the
mission; or
(iii) perform any missions in support of
classified information or that may threaten
national security.
(2) Expiration.--The authority under this subsection to
operate or procure an unmanned aircraft system otherwise
restricted under subsection (a) expires two years after the
date of the enactment of this Act.
(c) Waiver.--The Commandant may waive the restriction under
subsection (a) on a case by case basis by certifying in writing to the
Department of Homeland Security and the relevant committees of
jurisdiction that the operation or procurement is required in the
national interest of the United States.
(d) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' means the People's Republic of China.
(2) Covered unmanned aircraft system.--The term ``covered
unmanned aircraft system'' means an unmanned aircraft system
and any related services and equipment.
SEC. 434. VOTING REQUIREMENT.
Section 305(i)(1)(G)(iv) of Public Law 94-265, as amended by
section 416 of the Coast Guard Authorization of 2006 (Public Law 109-
241), is amended to read as follows:
``(iv) Voting requirement.--The panel may
act only by the affirmative vote of at least 5
of its members, except that any decision made
pursuant to the last sentence of subparagraph
(C) shall require the unanimous vote of all 6
members of the panel.''.
TITLE V--FEDERAL MARITIME COMMISSION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Federal Maritime Commission
Authorization Act of 2019''.
SEC. 502. AUTHORIZATION OF APPROPRIATIONS.
Section 308 of title 46, United States Code, is amended by striking
``$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year
2019'' and inserting ``$29,086,888 for fiscal year 2020 and $29,639,538
for fiscal year 2021''.
Calendar No. 226
116th CONGRESS
1st Session
S. 2297
_______________________________________________________________________
A BILL
To authorize appropriations for the Coast Guard, and for other
purposes.
_______________________________________________________________________
September 26, 2019
Reported with amendments