IB 

Union Calendar No. 132 

116TH CONGRESS 

1ST SESSION H. R. 3409 

[Report No. 116–172] 

To authorize appropriations for the Coast Guard, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 21, 2019 

Mr. DEFAZIO (for himself, Mr. GRAVES of Missouri, Mr. SEAN PATRICK

MALONEY of New York, and Mr. GIBBS) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

JULY 23, 2019 

Additional sponsors: Mr. VAN DREW, Miss GONZA ́LEZ-COLO ́N of Puerto Rico, 

and Mr. CUNNINGHAM

JULY 23, 2019 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 21, 2019] 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 3409 RH

A BILL 

To authorize appropriations for the Coast Guard, and for 

other purposes. 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 3409 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Coast Guard Authoriza5 tion Act of 2019’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AUTHORIZATIONS 

Sec. 101. Authorizations of appropriations. 

Sec. 102. Authorized levels of military strength and training. 

TITLE II—COAST GUARD 

Sec. 201. Grade on retirement. 

Sec. 202. Congressional affairs; Director. 

Sec. 203. Limitations on claims. 

Sec. 204. Authority for officers to opt out of promotion board consideration. 

Sec. 205. Temporary promotion authority for officers in certain grades with critical skills. 

Sec. 206. Career intermission program. 

Sec. 207. Major acquisitions; operation and sustainment costs. 

Sec. 208. Employment assistance. 

Sec. 209. Reports on gender diversity in the Coast Guard. 

Sec. 210. Disposition of infrastructure related to E–LORAN. 

Sec. 211. Positions of importance and responsibility. 

Sec. 212. Coast Guard pay; continuation. 

Sec. 213. Research projects; transactions other than contracts and grants. 

Sec. 214. Acquisition workforce authorities. 

Sec. 215. Coast Guard Housing Fund. 

Sec. 216. Report on Coast Guard defense readiness resources allocation. 

Sec. 217. Report on the feasibility of liquefied natural gas fueled vessels. 

TITLE III—SHIPPING 

Sec. 301. Electronic charts; equivalency. 

Sec. 302. Passenger vessel security and safety requirements; application. 

Sec. 303. Non-operating individual. 

Sec. 304. Small passenger vessels and uninspected passenger vessels. 

Sec. 305. Installation vessels. 

Sec. 306. Advisory committees. 

Sec. 307. Expired maritime liens. 

Sec. 308. Offshore navigation. 

Sec. 309. Training; emergency response providers. 

Sec. 310. Aiming a laser pointer at a vessel. 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 3409 RH

Sec. 311. Maritime transportation assessment. 

Sec. 312. Safety of special activities. 

Sec. 313. Engine cut-off switches; use requirement. 

Sec. 314. Exemptions and equivalents. 

Sec. 315. Abandoned seafarers fund. 

Sec. 316. Ice patrol; payments. 

Sec. 317. Security plans; reviews. 

Sec. 318. Waiver of navigation and vessel inspection laws. 

Sec. 319. Requirement for small shipyard grantees. 

Sec. 320. Independent study on the United States Merchant Marine Academy. 

Sec. 321. Centers of excellence for domestic maritime workforce training and education. 

Sec. 322. Renewal of merchant mariner licenses and documents. 

TITLE IV—MISCELLANEOUS 

Sec. 401. Coastwise trade. 

Sec. 402. Unmanned maritime systems. 

Sec. 403. Expedited transfer in cases of sexual assault; dependents of members of 

the Coast Guard. 

Sec. 404. Towing vessels; operation outside the boundary line. 

Sec. 405. Coast Guard authorities study. 

Sec. 406. Cloud computing strategy. 

Sec. 407. Report on effects of climate change on Coast Guard. 

Sec. 408. Shore infrastructure. 

Sec. 409. Physical access control system report. 

Sec. 410. Coastwise endorsements. 

Sec. 411. Polar security cutter acquisition report. 

Sec. 412. Sense of the Congress on the need for a new Great Lakes icebreaker. 

Sec. 413. Cargo preference study. 

Sec. 414. Insider Threat program. 

Sec. 415. Fishing safety grants. 

Sec. 416. Plans for demonstration programs. 

Sec. 417. Waters deemed not navigable waters of the United States for certain 

purposes. 

Sec. 418. Coast Guard housing; status and authorities briefing. 

Sec. 419. Conveyance of Coast Guard property at Point Spencer, Alaska. 

Sec. 420. Prohibition. 

Sec. 421. Certificate extensions. 

Sec. 422. Homeland security rotational cybersecurity research program at the 

Coast Guard Academy. 

Sec. 423. Towing vessel inspection fees. 

Sec. 424. Subrogated claims. 

Sec. 425. Loan provisions under Oil Pollution Act of 1990. 

Sec. 426. Liability limits. 

Sec. 427. Report on drug interdiction in the Caribbean basin. 

Sec. 428. Voting Requirement. 

TITLE V—REORGANIZATION 

Sec. 501. Uninspected commercial fishing industry vessels. 

Sec. 502. Transfers. 

Sec. 503. Repeals. 


kjohnson on DSK79L0C42 with BILLS
5 

•HR 3409 RH

TITLE VI—TECHNICAL, CONFORMING, AND CLARIFYING 

AMENDMENTS 

Sec. 601. Maritime transportation system. 

Sec. 602. References to ‘‘persons’’ and ‘‘seamen’’. 

Sec. 603. Common appropriation structure. 

Sec. 604. References to ‘‘himself’’ and ‘‘his’’. 

Sec. 605. References to ‘‘motorboats’’ and ‘‘yachts’’. 

Sec. 606. Miscellaneous technical corrections. 

Sec. 607. Technical corrections relating to codification of Ports and Waterways 

Safety Act. 

TITLE VII—FEDERAL MARITIME COMMISSION 

Sec. 701. Short title. 

Sec. 702. Authorization of appropriations. 

TITLE VIII—COAST GUARD ACADEMY IMPROVEMENT ACT 

Sec. 801. Short title. 

Sec. 802. Coast Guard Academy study. 

Sec. 803. Annual report. 

Sec. 804. Assessment of Coast Guard Academy admission processes. 

Sec. 805. Coast Guard Academy minority outreach team program. 

Sec. 806. Coast Guard college student pre-commissioning initiative. 

Sec. 807. Annual board of visitors. 

1 TITLE I—AUTHORIZATIONS 

2 SEC. 101. AUTHORIZATIONS OF APPROPRIATIONS. 

3 Section 4902 of title 14, United States Code, is amend4 ed— 

5 (1) in the matter preceding paragraph (1), by 

6 striking ‘‘year 2019’’ and inserting ‘‘years 2020 and 

7 2021’’; 

8 (2) in paragraph (1)(A), by striking ‘‘provided 

9 for, $7,914,195,000 for fiscal year 2019.’’ and insert10 ing ‘‘provided for— 

11 ‘‘(i) $8,122,912,000 for fiscal year 2020; 

12 and 

13 ‘‘(ii) $8,538,324,000 for fiscal year 2021.’’; 


kjohnson on DSK79L0C42 with BILLS
6 

•HR 3409 RH

1 (3) in paragraph (1)(B), by striking ‘‘subpara2 graph (A)—’’ and inserting ‘‘subparagraph (A)(i), 

3 $17,035,000 shall be for environmental compliance 

4 and restoration.’’; 

5 (4) by striking paragraphs (1)(B)(i) and 

6 (1)(B)(ii); 

7 (5) in paragraph (1), by adding at the end the 

8 following: 

9 ‘‘(C) Of the amount authorized under subpara10 graph (A)(ii) $17,376,000 shall be for environmental 

11 compliance and restoration.’’; 

12 (6) in paragraph (2)— 

13 (A) by striking ‘‘For the procurement’’ and 

14 inserting ‘‘(A) For the procurement’’; 

15 (B) by striking ‘‘and equipment, 

16 $2,694,745,000 for fiscal year 2019.’’ and insert17 ing ‘‘and equipment— 

18 ‘‘(i) $2,748,640,000 for fiscal year 2020; 

19 and 

20 ‘‘(ii) $2,803,613,000 for fiscal year 2021.’’; 

21 and 

22 (C) by adding at the end the following: 

23 ‘‘(B) Of the amounts authorized under subpara24 graph (A), the following amounts shall be for the al25 teration of bridges: 


kjohnson on DSK79L0C42 with BILLS
7 

•HR 3409 RH

1 ‘‘(i) $10,000,000 for fiscal year 2020; and 

2 ‘‘(ii) $20,000,000 for fiscal year 2021.’’; 

3 (7) in paragraph (3), by striking ‘‘and equip4 ment, $29,141,000 for fiscal year 2019.’’ and insert5 ing ‘‘and equipment— 

6 ‘‘(A) $13,834,000 for fiscal year 2020; and 

7 ‘‘(B) $14,111,000 for fiscal year 2021.’’; and 

8 (8) by adding at the end the following: 

9 ‘‘(4) For the Coast Guard’s Medicare-eligible re10 tiree health care fund contribution to the Department 

11 of Defense— 

12 ‘‘(A) $205,107,000 for fiscal year 2020; and 

13 ‘‘(B) $209,209,000 for fiscal year 2021.’’. 

14 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

15 AND TRAINING. 

16 Section 4904 of title 14, United States Code, is amend17 ed— 

18 (1) in subsection (a), by striking ‘‘43,000 for fis19 cal year 2018 and 44,500 for fiscal year 2019’’ and 

20 inserting ‘‘44,500 for each of fiscal years 2020 and 

21 2021’’; and 

22 (2) in subsection (b), by striking ‘‘fiscal years 

23 2018 and 2019’’ and inserting ‘‘fiscal years 2020 and 

24 2021’’. 


kjohnson on DSK79L0C42 with BILLS
8 

•HR 3409 RH

1 TITLE II—COAST GUARD 

2 SEC. 201. GRADE ON RETIREMENT. 

3 (a) COMMANDANT OR VICE COMMANDANT.—Section 

4 303 of title 14, United States Code, is amended— 

5 (1) in subsections (a) and (b), by striking ‘‘A’’ 

6 each place it appears and inserting ‘‘Subject to sec7 tion 2501, a’’; and 

8 (2) in subsection (c), by striking ‘‘An’’ and in9 serting ‘‘Subject to section 2501, an’’. 

10 (b) OTHER OFFICERS.—Section 306 of title 14, United 

11 States Code, is amended— 

12 (1) by striking ‘‘An officer’’ each place it ap13 pears and inserting ‘‘Subject to section 2501, an offi14 cer’’; and 

15 (2) in subsection (c), by striking ‘‘his’’ and in16 serting ‘‘the officer’s’’. 

17 (c) COMMISSIONED OR WARRANT OFFICER.—Section 

18 2501 of title 14, United States Code, is amended— 

19 (1) in subsection (a)— 

20 (A) by striking ‘‘Any’’ and inserting ‘‘COM21 MISSIONED OFFICER.— 

22 ‘‘(1) IN GENERAL.—Any’’; 

23 (B) by striking ‘‘him’’ and inserting ‘‘such 

24 officer’’; 


kjohnson on DSK79L0C42 with BILLS
9 

•HR 3409 RH

1 (C) by striking ‘‘his’’ and inserting ‘‘the of2 ficer’s’’; and 

3 (D) by adding at the end the following: 

4 ‘‘(2) CONDITIONAL DETERMINATION.—When an 

5 officer is under investigation for alleged misconduct 

6 at the time of retirement, the Secretary may condi7 tionally determine the highest grade of satisfactory 

8 service of the officer pending completion of the inves9 tigation. Such grade is subject to resolution under 

10 subsection (c)(2).’’; 

11 (2) in subsection (b)— 

12 (A) by striking ‘‘Any’’ and inserting ‘‘WAR13 RANT OFFICER.—Any’’; 

14 (B) by striking ‘‘him’’ and inserting ‘‘such 

15 warrant officer’’; and 

16 (C) by striking ‘‘his’’ and inserting ‘‘the 

17 warrant officer’s’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(c) RETIREMENT IN NEXT LOWER GRADE.— 

20 ‘‘(1) MISCONDUCT IN LOWER GRADE.—In the 

21 case of an officer whom the Secretary determines com22 mitted misconduct in a lower grade, the Secretary 

23 may determine the officer has not served satisfactorily 

24 in any grade equal to or higher than that lower 

25 grade. 


kjohnson on DSK79L0C42 with BILLS
10 

•HR 3409 RH

1 ‘‘(2) CONDITIONAL DETERMINATION.—A deter2 mination of the retired grade of an officer shall be re3 solved following a conditional determination under 

4 subsection (a)(2) or (b)(2) if the investigation of or 

5 personnel action against the officer or warrant officer, 

6 as applicable, results in adverse findings. 

7 ‘‘(3) RETIRED PAY; RECALCULATION.—If the re8 tired grade of an officer is reduced, the retired pay 

9 of the officer under chapter 71 of title 10 shall be re10 calculated, and any modification of the retired pay of 

11 the officer shall go into effect on the effective date of 

12 the reduction in retired grade. 

13 ‘‘(d) FINALITY OF RETIRED GRADE DETERMINA14 TIONS.— 

15 ‘‘(1) ADMINISTRATIVE FINALITY.—Except as oth16 erwise provided by law, a determination of the retired 

17 grade of an officer pursuant to this section is admin18 istratively final on the day the officer is retired, and 

19 may not be reopened. 

20 ‘‘(2) REOPENING DETERMINATION.—A deter21 mination of the retired grade of an officer may be re22 opened as follows: 

23 ‘‘(A) If the retirement or retired grade of the 

24 officer was procured by fraud. 


kjohnson on DSK79L0C42 with BILLS
11 

•HR 3409 RH

1 ‘‘(B) If substantial evidence comes to light 

2 after the retirement that could have led to a 

3 lower retired grade under this section if known 

4 by competent authority at the time of retirement. 

5 ‘‘(C) If a mistake of law or calculation was 

6 made in the determination of the retired grade. 

7 ‘‘(D) In the case of a retired grade following 

8 a conditional determination under subsection 

9 (a)(2) or (b)(2), if the investigation of or per10 sonnel action against the officer, as applicable, 

11 results in an adverse finding. 

12 ‘‘(E) If the Secretary determines, pursuant 

13 to regulations prescribed by the Secretary, that 

14 good cause exists to reopen the determination or 

15 certification. 

16 ‘‘(3) NOTIFICATION OF REOPENING.—If a deter17 mination or certification of the retired grade of an of18 ficer is reopened, the Secretary— 

19 ‘‘(A) shall notify the officer of the reopening; 

20 and 

21 ‘‘(B) may not make an adverse determina22 tion on the retired grade of the officer until the 

23 officer has had a reasonable opportunity to re24 spond regarding the basis of the reopening. 


kjohnson on DSK79L0C42 with BILLS
12 

•HR 3409 RH

1 ‘‘(4) RETIRED PAY; RECALCULATION.—If the re2 tired grade of an officer is reduced through the re3 opening of the officer’s or warrant officer’s retired 

4 grade, the retired pay of the officer under chapter 71 

5 of title 10 shall be recalculated, and any modification 

6 of the retired pay of the officer shall go into effect on 

7 the effective date of the reduction of the officer’s re8 tired grade.’’. 

9 SEC. 202. CONGRESSIONAL AFFAIRS; DIRECTOR. 

10 (a) IN GENERAL.—Chapter 3 of title 14, United States 

11 Code, as amended by this Act, is further amended by adding 

12 at the end the following: 

13 ‘‘§ 320. Congressional affairs; Director 

14 ‘‘The Commandant of the Coast Guard shall appoint 

15 a Director of Congressional Affairs from among officers of 

16 the Coast Guard who are in a grade above captain.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for chapter 

18 3 of title 14, United States Code, as amended by this Act, 

19 is further amended by adding at the end the following: 

‘‘320. Congressional affairs; Director.’’. 

20 SEC. 203. LIMITATIONS ON CLAIMS. 

21 (a) ADMIRALTY CLAIMS.—Section 937 of title 14, 

22 United States Code, is amended in subsection (a) by strik23 ing ‘‘$100,000’’ and inserting ‘‘$425,000’’. 

24 (b) CLAIMS FOR DAMAGE TO PROPERTY OF THE

25 UNITED STATES.—Section 938 of title 14, United States 


kjohnson on DSK79L0C42 with BILLS
13 

•HR 3409 RH

1 Code, is amended by striking ‘‘$100,000’’ and inserting 

2 ‘‘$425,000’’. 

3 SEC. 204. AUTHORITY FOR OFFICERS TO OPT OUT OF PRO4 MOTION BOARD CONSIDERATION. 

5 (a) ELIGIBILITY OF OFFICERS FOR CONSIDERATION

6 FOR PROMOTION.—Section 2113 of title 14, United States 

7 Code, is amended by adding at the end the following: 

8 ‘‘(g)(1) Notwithstanding subsection (a), the Com9 mandant may provide that an officer may, upon the offi10 cer’s request and with the approval of the Commandant, 

11 be excluded from consideration by a selection board con12 vened under section 2106(a). 

13 ‘‘(2) The Commandant shall approve a request under 

14 paragraph (1) only if— 

15 ‘‘(A) the basis for the request is to allow the offi16 cer to complete a broadening assignment, advanced 

17 education, another assignment of significant value to 

18 the Coast Guard, a career progression requirement de19 layed by the assignment or education, or a qualifying 

20 personal or professional circumstance, as determined 

21 by the Commandant; 

22 ‘‘(B) the Commandant determines the exclusion 

23 from consideration is in the best interest of the Coast 

24 Guard; and 


kjohnson on DSK79L0C42 with BILLS
14 

•HR 3409 RH

1 ‘‘(C) the officer has not previously failed of selec2 tion for promotion to the grade for which the officer 

3 requests the exclusion from consideration.’’. 

4 (b) ELIGIBILITY OF RESERVE OFFICER FOR PRO5 MOTION.—Section 3743 of title 14, United States Code, is 

6 amended to read as follows: 

7 ‘‘§ 3743. Eligibility for promotion 

8 ‘‘(a) IN GENERAL.—Except as provided in subsection 

9 (b), a Reserve officer is eligible for consideration for pro10 motion and for promotion under this subchapter, if that 

11 officer is in an active status. 

12 ‘‘(b) EXCEPTION.—A Reserve officer who has been con13 sidered but not recommended for retention in an active sta14 tus by a board convened under subsection 3752(a) of this 

15 title, is not eligible for consideration for promotion. 

16 ‘‘(c) REQUEST FOR EXCLUSION.— 

17 ‘‘(1) IN GENERAL.—The Commandant may pro18 vide that an officer may, upon the officer’s request 

19 and with the approval of the Commandant, be ex20 cluded from consideration by a selection board con21 vened under section 3740(b) of this title to consider 

22 officers for promotion to the next higher grade. 

23 ‘‘(2) APPROVAL OF REQUEST.—The Com24 mandant shall approve a request under paragraph 

25 (1) only if— 


kjohnson on DSK79L0C42 with BILLS
15 

•HR 3409 RH

1 ‘‘(A) the basis for the request is to allow an 

2 officer to complete a broadening assignment, ad3 vanced education, another assignment of signifi4 cant value to the Coast Guard, a career progres5 sion requirement delayed by the assignment or 

6 education, or a qualifying personal or profes7 sional circumstance, as determined by the Com8 mandant; 

9 ‘‘(B) the Commandant determines the exclu10 sion from consideration is in the best interest of 

11 the Coast Guard; and 

12 ‘‘(C) the officer has not previously failed of 

13 selection for promotion to the grade for which the 

14 officer requests the exclusion from consider15 ation.’’. 

16 SEC. 205. TEMPORARY PROMOTION AUTHORITY FOR OFFI17 CERS IN CERTAIN GRADES WITH CRITICAL 

18 SKILLS. 

19 (a) IN GENERAL.—Subchapter I of Chapter 21 of title 

20 14, United States Code, is amended by adding at the end 

21 the following: 


kjohnson on DSK79L0C42 with BILLS
16 

•HR 3409 RH

1 ‘‘§ 2130. Promotion to certain grades for officers with 

2 critical skills: captain, commander, lieu3 tenant commander, lieutenant 

4 ‘‘(a) IN GENERAL.—An officer in the grade of lieuten5 ant (junior grade), lieutenant, lieutenant commander, or 

6 commander, who is described in subsection (b) may be tem7 porarily promoted to the grade of lieutenant, lieutenant 

8 commander, commander, or captain under regulations pre9 scribed by the Secretary. Appointments under this section 

10 shall be made by the President, by and with the advice and 

11 consent of the Senate. 

12 ‘‘(b) COVERED OFFICERS.—An officer described in this 

13 subsection is any officer in a grade specified in subsection 

14 (a) who— 

15 ‘‘(1) has a skill in which the Coast Guard has 

16 a critical shortage of personnel (as determined by the 

17 Secretary); and 

18 ‘‘(2) is serving in a position (as determined by 

19 the Secretary) that— 

20 ‘‘(A) is designated to be held by a lieuten21 ant, lieutenant commander, commander, or cap22 tain; and 

23 ‘‘(B) requires that an officer serving in such 

24 position have the skill possessed by such officer. 

25 ‘‘(c) PRESERVATION OF POSITION AND STATUS OF OF26 FICERS APPOINTED.— 


kjohnson on DSK79L0C42 with BILLS
17 

•HR 3409 RH

1 ‘‘(1) The temporary positions authorized under 

2 this section shall not be counted among or included 

3 in the list of positions on the active duty promotion 

4 list. 

5 ‘‘(2) An appointment under this section does not 

6 change the position on the active-duty list or the per7 manent, probationary, or acting status of the officer 

8 so appointed, prejudice the officer in regard to other 

9 promotions or appointments, or abridge the rights or 

10 benefits of the officer. 

11 ‘‘(d) BOARD RECOMMENDATION REQUIRED.—A tem12 porary promotion under this section may be made only 

13 upon the recommendation of a board of officers convened 

14 by the Secretary for the purpose of recommending officers 

15 for such promotions. 

16 ‘‘(e) ACCEPTANCE AND EFFECTIVE DATE OF APPOINT17 MENT.—Each appointment under this section, unless ex18 pressly declined, is, without formal acceptance, regarded as 

19 accepted on the date such appointment is made, and a 

20 member so appointed is entitled to the pay and allowances 

21 of the grade of the temporary promotion under this section 

22 beginning on the date the appointment is made. 

23 ‘‘(f) TERMINATION OF APPOINTMENT.—Unless sooner 

24 terminated, an appointment under this section termi25 nates— 


kjohnson on DSK79L0C42 with BILLS
18 

•HR 3409 RH

1 ‘‘(1) on the date the officer who received the ap2 pointment is promoted to the permanent grade of 

3 lieutenant, lieutenant commander, commander, or 

4 captain; 

5 ‘‘(2) on the date the officer is detached from a 

6 position described in subsection (b)(2), unless the offi7 cer is on a promotion list to the permanent grade of 

8 lieutenant, lieutenant commander, commander, or 

9 captain, in which case the appointment terminates on 

10 the date the officer is promoted to that grade; or 

11 ‘‘(3) when the appointment officer determines 

12 that the officer who received the appointment has en13 gaged in misconduct or has displayed substandard 

14 performance. 

15 ‘‘(g) LIMITATION ON NUMBER OF ELIGIBLE POSI16 TIONS.—An appointment under this section may only be 

17 made for service in a position designated by the Secretary 

18 for the purposes of this section. The number of positions 

19 so designated may not exceed the following percentages of 

20 the respective grades: 

21 ‘‘(1) As lieutenant, 0.5 percent. 

22 ‘‘(2) As lieutenant commander, 3.0 percent. 

23 ‘‘(3) As commander, 2.6 percent. 

24 ‘‘(4) As captain, 2.6 percent.’’. 


kjohnson on DSK79L0C42 with BILLS
19 

•HR 3409 RH

1 (b) CLERICAL AMENDMENT.—The analysis for such 

2 subchapter is amended by adding at the end the following: 

‘‘2130. Promotion to certain grades for officers with critical skills: captain, commander, lieutenant commander, lieutenant.’’. 

3 SEC. 206. CAREER INTERMISSION PROGRAM. 

4 (a) IN GENERAL.—Subchapter I of chapter 25 of title 

5 14, United States Code, is amended by adding at the end 

6 the following: 

7 ‘‘§ 2514. Career flexibility to enhance retention of 

8 members 

9 ‘‘(a) PROGRAMS AUTHORIZED.—The Commandant 

10 may carry out a program under which members of the 

11 Coast Guard may be inactivated from active service in 

12 order to meet personal or professional needs and returned 

13 to active service at the end of such period of inactivation 

14 from active service. 

15 ‘‘(b) PERIOD OF INACTIVATION FROM ACTIVE SERV16 ICE; EFFECT OF INACTIVATION.— 

17 ‘‘(1) IN GENERAL.—The period of inactivation 

18 from active service under a program under this sec19 tion of a member participating in the program shall 

20 be such period as the Commandant shall specify in 

21 the agreement of the member under subsection (c), ex22 cept that such period may not exceed three years. 

23 ‘‘(2) EXCLUSION FROM YEARS OF SERVICE.—Any 

24 service by a Reserve officer while participating in a 


kjohnson on DSK79L0C42 with BILLS
20 

•HR 3409 RH

1 program under this section shall be excluded from 

2 computation of the total years of service of that officer 

3 pursuant to section 14706(a) of title 10. 

4 ‘‘(3) EXCLUSION FROM RETIREMENT.—Any pe5 riod of participation of a member in a program 

6 under this section shall not count toward— 

7 ‘‘(A) eligibility for retirement or transfer to 

8 the Ready Reserve under either chapter 571 or 

9 1223 of title 10; or 

10 ‘‘(B) computation of retired or retainer pay 

11 under chapter 71 or 1223 of title 10. 

12 ‘‘(c) AGREEMENT.—Each member of the Coast Guard 

13 who participates in a program under this section shall 

14 enter into a written agreement with the Commandant under 

15 which that member shall agree as follows: 

16 ‘‘(1) To accept an appointment or enlist, as ap17 plicable, and serve in the Coast Guard Ready Reserve 

18 during the period of the inactivation of the member 

19 from active service under the program. 

20 ‘‘(2) To undergo during the period of the inac21 tivation of the member from active service under the 

22 program such inactive service training as the Com23 mandant shall require in order to ensure that the 

24 member retains proficiency, at a level determined by 

25 the Commandant to be sufficient, in the military 


kjohnson on DSK79L0C42 with BILLS
21 

•HR 3409 RH

1 skills, professional qualifications, and physical readi2 ness of the member during the inactivation of the 

3 member from active service. 

4 ‘‘(3) Following completion of the period of the 

5 inactivation of the member from active service under 

6 the program, to serve two months as a member of the 

7 Coast Guard on active service for each month of the 

8 period of the inactivation of the member from active 

9 service under the program. 

10 ‘‘(d) CONDITIONS OF RELEASE.—The Commandant 

11 shall prescribe regulations specifying the guidelines regard12 ing the conditions of release that must be considered and 

13 addressed in the agreement required by subsection (c). At 

14 a minimum, the Commandant shall prescribe the proce15 dures and standards to be used to instruct a member on 

16 the obligations to be assumed by the member under para17 graph (2) of such subsection while the member is released 

18 from active service. 

19 ‘‘(e) ORDER TO ACTIVE SERVICE.—Under regulations 

20 prescribed by the Commandant, a member of the Coast 

21 Guard participating in a program under this section may, 

22 in the discretion of the Commandant, be required to termi23 nate participation in the program and be ordered to active 

24 service. 

25 ‘‘(f) PAY AND ALLOWANCES.— 


kjohnson on DSK79L0C42 with BILLS
22 

•HR 3409 RH

1 ‘‘(1) BASIC PAY.—During each month of partici2 pation in a program under this section, a member 

3 who participates in the program shall be paid basic 

4 pay in an amount equal to two-thirtieths of the 

5 amount of monthly basic pay to which the member 

6 would otherwise be entitled under section 204 of title 

7 37 as a member of the uniformed services on active 

8 service in the grade and years of service of the mem9 ber when the member commences participation in the 

10 program. 

11 ‘‘(2) SPECIAL OR INCENTIVE PAY OR BONUS.— 

12 ‘‘(A) PROHIBITION.—A member who par13 ticipates in such a program shall not, while par14 ticipating in the program, be paid any special 

15 or incentive pay or bonus to which the member 

16 is otherwise entitled under an agreement under 

17 chapter 5 of title 37 or section 1925 of this title 

18 that is in force when the member commences 

19 participation in the program. 

20 ‘‘(B) NOT TREATED AS FAILURE TO PER21 FORM SERVICES.—The inactivation from active 

22 service of a member participating in a program 

23 shall not be treated as a failure of the member 

24 to perform any period of service required of the 

25 member in connection with an agreement for a 


kjohnson on DSK79L0C42 with BILLS
23 

•HR 3409 RH

1 special or incentive pay or bonus under chapter 

2 5 of title 37 that is in force when the member 

3 commences participation in the program. 

4 ‘‘(3) RETURN TO ACTIVE SERVICE.— 

5 ‘‘(A) SPECIAL OR INCENTIVE PAY OR

6 BONUS.—Subject to subparagraph (B), upon the 

7 return of a member to active service after com8 pletion by the member of participation in a pro9 gram— 

10 ‘‘(i) any agreement entered into by the 

11 member under chapter 5 of title 37 for the 

12 payment of a special or incentive pay or 

13 bonus that was in force when the member 

14 commenced participation in the program 

15 shall be revived, with the term of such 

16 agreement after revival being the period of 

17 the agreement remaining to run when the 

18 member commenced participation in the 

19 program; and 

20 ‘‘(ii) any special or incentive pay or 

21 bonus shall be payable to the member in ac22 cordance with the terms of the agreement 

23 concerned for the term specified in clause 

24 (i). 

25 ‘‘(B) LIMITATION.— 


kjohnson on DSK79L0C42 with BILLS
24 

•HR 3409 RH

1 ‘‘(i) IN GENERAL.—Subparagraph (A) 

2 shall not apply to any special or incentive 

3 pay or bonus otherwise covered by that sub4 paragraph with respect to a member if, at 

5 the time of the return of the member to ac6 tive service as described in that subpara7 graph— 

8 ‘‘(I) such pay or bonus is no 

9 longer authorized by law; or 

10 ‘‘(II) the member does not satisfy 

11 eligibility criteria for such pay or 

12 bonus as in effect at the time of the re13 turn of the member to active service. 

14 ‘‘(ii) PAY OR BONUS CEASES BEING

15 AUTHORIZED.—Subparagraph (A) shall 

16 cease to apply to any special or incentive 

17 pay or bonus otherwise covered by that sub18 paragraph with respect to a member if, dur19 ing the term of the revived agreement of the 

20 member under subparagraph (A)(i), such 

21 pay or bonus ceases being authorized by 

22 law. 

23 ‘‘(C) REPAYMENT.—A member who is ineli24 gible for payment of a special or incentive pay 

25 or bonus otherwise covered by this paragraph by 


kjohnson on DSK79L0C42 with BILLS
25 

•HR 3409 RH

1 reason of subparagraph (B)(i)(II) shall be subject 

2 to the requirements for repayment of such pay or 

3 bonus in accordance with the terms of the appli4 cable agreement of the member under chapter 5 

5 of title 37. 

6 ‘‘(D) REQUIRED SERVICE IS ADDITIONAL.— 

7 Any service required of a member under an 

8 agreement covered by this paragraph after the 

9 member returns to active service as described in 

10 subparagraph (A) shall be in addition to any 

11 service required of the member under an agree12 ment under subsection (c). 

13 ‘‘(4) TRAVEL AND TRANSPORTATION ALLOW14 ANCE.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (B), a member who participates in a pro17 gram is entitled, while participating in the pro18 gram, to the travel and transportation allow19 ances authorized by section 474 of title 37 for— 

20 ‘‘(i) travel performed from the resi21 dence of the member, at the time of release 

22 from active service to participate in the 

23 program, to the location in the United 

24 States designated by the member as the 


kjohnson on DSK79L0C42 with BILLS
26 

•HR 3409 RH

1 member’s residence during the period of 

2 participation in the program; and 

3 ‘‘(ii) travel performed to the residence 

4 of the member upon return to active service 

5 at the end of the participation of the mem6 ber in the program. 

7 ‘‘(B) SINGLE RESIDENCE.—An allowance is 

8 payable under this paragraph only with respect 

9 to travel of a member to and from a single resi10 dence. 

11 ‘‘(5) LEAVE BALANCE.—A member who partici12 pates in a program is entitled to carry forward the 

13 leave balance existing as of the day on which the 

14 member begins participation and accumulated in ac15 cordance with section 701 of title 10, but not to exceed 

16 60 days. 

17 ‘‘(g) PROMOTION.— 

18 ‘‘(1) OFFICERS.— 

19 ‘‘(A) IN GENERAL.—An officer partici20 pating in a program under this section shall not, 

21 while participating in the program, be eligible 

22 for consideration for promotion under chapter 21 

23 or 37 of this title. 

24 ‘‘(B) RETURN TO SERVICE.—Upon the re25 turn of an officer to active service after compleVerDate Sep 11 2014 01:14 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\H3409.RH H3409

kjohnson on DSK79L0C42 with BILLS
27 

•HR 3409 RH

1 tion by the officer of participation in a pro2 gram— 

3 ‘‘(i) the Commandant may adjust the 

4 date of rank of the officer in such manner 

5 as the Commandant shall prescribe in regu6 lations for purposes of this section; and 

7 ‘‘(ii) the officer shall be eligible for con8 sideration for promotion when officers of the 

9 same competitive category, grade, and se10 niority are eligible for consideration for 

11 promotion. 

12 ‘‘(2) ENLISTED MEMBERS.—An enlisted member 

13 participating in a program shall not be eligible for 

14 consideration for advancement during the period 

15 that— 

16 ‘‘(A) begins on the date of the inactivation 

17 of the member from active service under the pro18 gram; and 

19 ‘‘(B) ends at such time after the return of 

20 the member to active service under the program 

21 that the member is treatable as eligible for pro22 motion by reason of time in grade and such 

23 other requirements as the Commandant shall 

24 prescribe in regulations for purposes of the pro25 gram. 


kjohnson on DSK79L0C42 with BILLS
28 

•HR 3409 RH

1 ‘‘(h) CONTINUED ENTITLEMENTS.—A member partici2 pating in a program under this section shall, while partici3 pating in the program, be treated as a member of the Armed 

4 Forces on active duty for a period of more than 30 days 

5 for purposes of— 

6 ‘‘(1) the entitlement of the member and of the de7 pendents of the member to medical and dental care 

8 under the provisions of chapter 55 of this title; and 

9 ‘‘(2) retirement or separation for physical dis10 ability under the provisions of chapter 61 of title 10 

11 and chapters 21 and 23 of this title.’’. 

12 (b) CLERICAL AMENDMENT.—The analysis for such 

13 chapter is amended by inserting after the item relating to 

14 section 2513 the following: 

‘‘2514. Career flexibility to enhance retention of members.’’. 

15 SEC. 207. MAJOR ACQUISITIONS; OPERATION AND 

16 SUSTAINMENT COSTS. 

17 Section 5103(e)(3) of title 14, United States Code, is 

18 amended— 

19 (1) by redesignating subparagraphs (B) and (C) 

20 as subparagraphs (C) and (D) respectively; and 

21 (2) by inserting after subparagraph (A) the fol22 lowing: 

23 ‘‘(B) operate and sustain the cutters and 

24 aircraft described under paragraph (2);’’. 


kjohnson on DSK79L0C42 with BILLS
29 

•HR 3409 RH

1 SEC. 208. EMPLOYMENT ASSISTANCE. 

2 (a) IN GENERAL.—Subchapter I of chapter 27 of title 

3 14, United States Code, is amended by adding at the end 

4 the following: 

5 ‘‘§ 2713. Employment assistance 

6 ‘‘(a) IN GENERAL.—In order to improve the accuracy 

7 and completeness of a certification or verification of job 

8 skills and experience required by section 1143(a)(1) of title 

9 10, the Secretary shall— 

10 ‘‘(1) establish a database to record all training 

11 performed by members of the Coast Guard that may 

12 have application to employment in the civilian sector; 

13 and 

14 ‘‘(2) make unclassified information regarding 

15 such information available to States and other poten16 tial employers referred to in section 1143(c) of title 

17 10 so that State and other entities may allow mili18 tary training to satisfy licensing or certification re19 quirements to engage in a civilian profession. 

20 ‘‘(b) FORM OF CERTIFICATION OR VERIFICATION.— 

21 The Secretary shall ensure that a certification or 

22 verification of job skills and experience required by section 

23 1143(a)(1) of title 10 is rendered in such a way that States 

24 and other potential employers can confirm the accuracy 

25 and authenticity of the certification or verification. 


kjohnson on DSK79L0C42 with BILLS
30 

•HR 3409 RH

1 ‘‘(c) REQUESTS BY STATES.—A State may request 

2 that the Secretary confirm the accuracy and authenticity 

3 of a certification or verification of jobs skills and experience 

4 provided under section 1143(c) of title 10.’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for such 

6 chapter is amended by inserting after the item relating to 

7 section 2712 the following: 

‘‘2713. Employment assistance.’’. 

8 SEC. 209. REPORTS ON GENDER DIVERSITY IN THE COAST 

9 GUARD. 

10 (a) ACTION PLAN.— 

11 (1) IN GENERAL.—Not later than 180 days after 

12 the date of the enactment of this Act, the Com13 mandant of the Coast Guard shall— 

14 (A) determine which recommendations in 

15 the RAND gender diversity report can prac16 ticably be implemented to promote gender diver17 sity in the Coast Guard; and 

18 (B) submit a report to the Committee on 

19 Transportation and Infrastructure of the House 

20 of Representatives and the Committee on Com21 merce, Science, and Transportation of the Senate 

22 on the actions the Coast Guard has taken or 

23 plans to take to implement such recommenda24 tions. 


kjohnson on DSK79L0C42 with BILLS
31 

•HR 3409 RH

1 (2) DEFINITION.—In this subsection, the term 

2 ‘‘RAND diversity report’’ means the RAND Corpora3 tion’s Homeland Security Operational Analysis Cen4 ter 2019 report entitled ‘‘Improving Gender Diversity 

5 in the U.S. Coast Guard: Identifying Barriers to Fe6 male Retention’’. 

7 (b) RECURRING REPORT.—Chapter 51 of title 14, 

8 United States Code, is amended by adding at the end the 

9 following: 

10 ‘‘§ 5109. Report on gender diversity in the Coast 

11 Guard 

12 ‘‘(a) IN GENERAL.—Not later than January 15, 2022, 

13 and biennially thereafter, the Commandant shall submit a 

14 report on gender diversity in the Coast Guard to the Com15 mittee on Transportation and Infrastructure of the House 

16 of Representatives and the Committee on Commerce, 

17 Science, and Transportation of the Senate. 

18 ‘‘(b) CONTENTS.—The report required under sub19 section (a) shall contain the following: 

20 ‘‘(1) GENDER DIVERSITY OVERVIEW.—An over21 view of Coast Guard active duty and Reserve mem22 bers, including the number of officers and enlisted 

23 members and the percentages of men and women in 

24 each. 


kjohnson on DSK79L0C42 with BILLS
32 

•HR 3409 RH

1 ‘‘(2) RECRUITMENT AND RETENTION.—(A) An 

2 analysis of the changes in the recruitment and reten3 tion of women over the previous two years. 

4 ‘‘(B) A discussion of any changes to Coast Guard 

5 recruitment and retention over the previous two years 

6 that were aimed at increasing the recruitment and re7 tention of female members. 

8 ‘‘(3) PARENTAL LEAVE.—(A) The number of men 

9 and women who took parental leave during each year 

10 covered by the report, including the average length of 

11 such leave periods. 

12 ‘‘(B) A discussion of the ways in which the Coast 

13 Guard worked to mitigate the impacts of parental 

14 leave on Coast Guard operations and on the careers 

15 of the members taking such leave. 

16 ‘‘(4) LIMITATIONS.—An analysis of current gen17 der-based limitations on Coast Guard career opportu18 nities, including discussion of— 

19 ‘‘(A) shipboard opportunities; 

20 ‘‘(B) opportunities to serve at remote units; 

21 and 

22 ‘‘(C) any other limitations on the opportu23 nities of female members. 

24 ‘‘(5) PROGRESS UPDATE.—An update on the 

25 Coast Guard’s progress on the implementation of the 


kjohnson on DSK79L0C42 with BILLS
33 

•HR 3409 RH

1 action plan required under section 209 of the Coast 

2 Guard Authorization Act of 2019.’’. 

3 (c) CLERICAL AMENDMENT.—The analysis for such 

4 chapter is amended by adding at the end the following: 

‘‘5109. Report on gender diversity in the Coast Guard.’’. 

5 SEC. 210. DISPOSITION OF INFRASTRUCTURE RELATED TO 

6 E–LORAN. 

7 Section 914 of title 14, United States Code, is amend8 ed— 

9 (1) in subsection (a)— 

10 (A) by striking ‘‘date’’ and inserting ‘‘later 

11 of the date of the conveyance of the properties di12 rected under section 533(a) of the Coast Guard 

13 Authorization Act of 2016 (Public Law 114–120) 

14 or the date’’; and 

15 (B) by striking ‘‘determination by the Sec16 retary’’ and inserting ‘‘determination by the Sec17 retary of Transportation under section 312(d) of 

18 title 49’’; and 

19 (2) in subsection (c), by striking paragraph (2) 

20 and inserting the following: 

21 ‘‘(2) AVAILABILITY OF PROCEEDS.—The proceeds 

22 of such sales, less the costs of sale incurred by the 

23 General Services Administration, shall be deposited 

24 into the Coast Guard Housing Fund and, without 

25 further appropriation, shall be available until exVerDate Sep 11 2014 01:14 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\H3409.RH H3409

kjohnson on DSK79L0C42 with BILLS
34 

•HR 3409 RH

1 pended for uses authorized under section 2946 of this 

2 title.’’. 

3 SEC. 211. POSITIONS OF IMPORTANCE AND RESPONSI4 BILITY. 

5 Section 2103(c)(3) of title 14, United States Code, is 

6 amended by striking ‘‘rear admiral (lower half)’’ and in7 serting ‘‘vice admiral’’. 

8 SEC. 212. COAST GUARD PAY; CONTINUATION. 

9 (a) SHORT TITLE.—This section may be cited as the 

10 ‘‘Pay Our Coast Guard Parity Act of 2019’’. 

11 (b) FINDINGS.—The Congress makes the following 

12 findings: 

13 (1) The Coast Guard is a military service and 

14 a branch of the Armed Forces of the United States at 

15 all times regardless of whether it operates as a service 

16 in the Department of Homeland Security or as a 

17 service in the Navy. 

18 (2) Notwithstanding respective appropriations 

19 and except as otherwise provided in law, members of 

20 the Coast Guard should receive treatment equitable to 

21 that of other members of the Armed Forces with re22 gard to pay and benefits. 

23 (c) COAST GUARD PAY; CONTINUATION.— 


kjohnson on DSK79L0C42 with BILLS
35 

•HR 3409 RH

1 (1) IN GENERAL.—Chapter 27 of title 14, United 

2 States Code, is amended by adding at the end the fol3 lowing: 

4 ‘‘§ 2780. Pay; continuation during lapse in appropria5 tions 

6 ‘‘(a) IN GENERAL.—In the case of any period in which 

7 there is a Coast Guard-specific funding lapse, there are ap8 propriated such sums as may be necessary— 

9 ‘‘(1) to provide pay and allowances to military 

10 members of the Coast Guard, including the reserve 

11 component thereof, who perform active service or in12 active-duty training during such period; 

13 ‘‘(2) to provide pay and benefits to qualified ci14 vilian employees of the Coast Guard; 

15 ‘‘(3) to provide pay and benefits to qualified con16 tract employees of the Coast Guard; 

17 ‘‘(4) to provide for— 

18 ‘‘(A) the payment of a death gratuity under 

19 sections 1475 through 1477 and 1489 of title 10, 

20 with respect to members of the Coast Guard; 

21 ‘‘(B) the payment or reimbursement of au22 thorized funeral travel and travel related to the 

23 dignified transfer of remains and unit memorial 

24 services under section 481f of title 37, with re25 spect to members of the Coast Guard; and 


kjohnson on DSK79L0C42 with BILLS
36 

•HR 3409 RH

1 ‘‘(C) the temporary continuation of a basic 

2 allowance of housing for dependents of members 

3 of the Coast Guard dying on active duty, as au4 thorized by section 403(l) of title 37; and 

5 ‘‘(5) to provide for Coast Guard retired pay, in6 cluding the payment of obligations otherwise charge7 able to lapsed appropriations for this purpose, pay8 ments under the Retired Serviceman’s Family Protec9 tion and Survivor Benefits Plans, payment for career 

10 status bonuses, payment of continuation pay under 

11 section 356 of title 37, concurrent receipts, combat-re12 lated special compensation, and payments for medical 

13 care of retired personnel and their dependents under 

14 chapter 55 of title 10. 

15 ‘‘(b) COAST GUARD-SPECIFIC FUNDING LAPSE.—For 

16 purposes of this section, a Coast Guard-specific funding 

17 lapse occurs in any case in which— 

18 ‘‘(1) a general appropriation bill providing ap19 propriations for the Coast Guard for a fiscal year is 

20 not enacted before the beginning of such fiscal year 

21 (and no joint resolution making continuing appro22 priations for the Coast Guard is in effect); and 

23 ‘‘(2) a general appropriation bill providing ap24 propriations for the Department of Defense for such 

25 fiscal year is enacted before the beginning of such fisVerDate Sep 11 2014 01:14 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\H3409.RH H3409

kjohnson on DSK79L0C42 with BILLS
37 

•HR 3409 RH

1 cal year (or a joint resolution making continuing ap2 propriations for the Department of Defense is in ef3 fect). 

4 ‘‘(c) TERMINATION.—Appropriations and funds made 

5 available and authority granted for any fiscal year for any 

6 purpose under subsection (a) shall be available until which7 ever of the following first occurs: 

8 ‘‘(1) The enactment into law of an appropriation 

9 (including a continuing appropriation) for such pur10 pose. 

11 ‘‘(2) The enactment into law of an appropriation 

12 (including a continuing appropriation) for the Coast 

13 Guard without provision for such purpose. 

14 ‘‘(3) The termination of availability of appro15 priations for the Department of Defense. 

16 ‘‘(4) The date that is 180 days after the begin17 ning of the Coast Guard-specific funding lapse. 

18 ‘‘(d) RATE FOR OPERATIONS; APPLICABILITY TO AP19 PROPRIATION ACTS.—Appropriations made pursuant this 

20 section shall be available at a rate for operations and to 

21 the extent and in the manner that would be provided by 

22 the pertinent appropriations Act. 

23 ‘‘(e) CHARGE TO FUTURE APPROPRIATIONS.—Expend24 itures made pursuant to this section shall be charged to the 

25 applicable appropriation, fund, or authorization whenever 


kjohnson on DSK79L0C42 with BILLS
38 

•HR 3409 RH

1 a bill in which such applicable appropriation, fund, or au2 thorization is enacted into law. 

3 ‘‘(f) APPORTIONMENT.—Appropriations and funds 

4 made available by or authority granted under this section 

5 may be used without regard to the time limitations for sub6 mission and approval of apportionments set forth in section 

7 1513 of title 31, but nothing in this section may be con8 strued to waive any other provision of law governing the 

9 apportionment of funds. 

10 ‘‘(g) DEFINITIONS.—In this section: 

11 ‘‘(1) QUALIFIED CIVILIAN EMPLOYEE.—The term 

12 ‘qualified civilian employee’ means a civilian em13 ployee of the Coast Guard whom the Commandant de14 termines is— 

15 ‘‘(A) providing support to members of the 

16 Coast Guard or another Armed Force; or 

17 ‘‘(B) performing work as an excepted em18 ployee or an employee performing emergency 

19 work, as those terms are defined by the Office of 

20 Personnel Management. 

21 ‘‘(2) QUALIFIED CONTRACT EMPLOYEE OF THE

22 COAST GUARD.—The term ‘qualified contract em23 ployee of the Coast Guard’ means an individual per24 forming work under a contract whom the Com25 mandant determines is— 


kjohnson on DSK79L0C42 with BILLS
39 

•HR 3409 RH

1 ‘‘(A) providing support to military mem2 bers or qualified civilian employees of the Coast 

3 Guard or another Armed Force; or 

4 ‘‘(B) required to perform work during a 

5 lapse in appropriations.’’. 

6 (2) CLERICAL AMENDMENT.—The analysis for 

7 chapter 27 of title 14, United States Code, is amended 

8 by adding at the end the following: 

‘‘2780. Pay; continuation during lapse in appropriations.’’. 

9 SEC. 213. RESEARCH PROJECTS; TRANSACTIONS OTHER 

10 THAN CONTRACTS AND GRANTS. 

11 (a) IN GENERAL.—Chapter 7 of title 14, United States 

12 Code, is amended by adding at the end the following: 

13 ‘‘§ 720. Research projects; transactions other than 

14 contracts and grants 

15 ‘‘(a) ADDITIONAL FORMS OF TRANSACTIONS AUTHOR16 IZED.—The Commandant may enter into transactions 

17 (other than contracts, cooperative agreements, and grants) 

18 in carrying out basic, applied, and advanced research 

19 projects. The authority under this subsection is in addition 

20 to the authority provided in section 717 to use contracts, 

21 cooperative agreements, and grants in carrying out such 

22 projects. 

23 ‘‘(b) ADVANCE PAYMENTS.—The authority under sub24 section (a) may be exercised without regard to section 3324 

25 of title 31. 


kjohnson on DSK79L0C42 with BILLS
40 

•HR 3409 RH

1 ‘‘(c) RECOVERY OF FUNDS.— 

2 ‘‘(1) IN GENERAL.—Subject to subsection (d), a 

3 cooperative agreement for performance of basic, ap4 plied, or advanced research authorized by section 717, 

5 and a transaction authorized by subsection (a), may 

6 include a clause that requires a person or other entity 

7 to make payments to the Coast Guard or any other 

8 department or agency of the Federal Government as 

9 a condition for receiving support under the agreement 

10 or transaction, respectively. 

11 ‘‘(2) AVAILABILITY OF FUNDS.—The amount of 

12 any payment received by the Federal Government 

13 pursuant to a requirement imposed under paragraph 

14 (1) may be credited, to the extent authorized by the 

15 Commandant, to an appropriate appropriations ac16 count. Amounts so credited shall be merged with other 

17 funds in the account and shall be available for the 

18 same purposes and the same period for which other 

19 funds in such account are available. 

20 ‘‘(d) CONDITIONS.— 

21 ‘‘(1) IN GENERAL.—The Commandant shall en22 sure that— 

23 ‘‘(A) to the extent that the Commandant de24 termines practicable, no cooperative agreement 

25 containing a clause described in subsection 


kjohnson on DSK79L0C42 with BILLS
41 

•HR 3409 RH

1 (c)(1), and no transaction entered into under 

2 subsection (a), provides for research that dupli3 cates research being conducted under existing 

4 programs carried out by the Coast Guard; and 

5 ‘‘(B) to the extent that the Commandant de6 termines practicable, the funds provided by the 

7 Federal Government under a cooperative agree8 ment containing a clause described in subsection 

9 (c)(1), or under a transaction authorized by sub10 section (a), do not exceed the total amount pro11 vided by other parties to the cooperative agree12 ment or other transaction, respectively. 

13 ‘‘(2) OTHER AGREEMENTS NOT FEASIBLE.—A 

14 cooperative agreement containing a clause described 

15 in subsection (c)(1), or under a transaction author16 ized by subsection (a), may be used for a research 

17 project only if the use of a standard contract, grant, 

18 or cooperative agreement for such project is not fea19 sible or appropriate. 

20 ‘‘(e) EDUCATION AND TRAINING.—The Commandant 

21 shall— 

22 ‘‘(1) ensure that management, technical, and 

23 contracting personnel of the Coast Guard involved in 

24 the award or administration of transactions under 

25 this section or other innovative forms of contracting 


kjohnson on DSK79L0C42 with BILLS
42 

•HR 3409 RH

1 are afforded opportunities for adequate education and 

2 training; and 

3 ‘‘(2) establish minimum levels and requirements 

4 for continuous and experiential learning for such per5 sonnel, including levels and requirements for acquisi6 tion certification programs. 

7 ‘‘(f) REGULATIONS.—The Secretary of the department 

8 in which the Coast Guard is operating shall prescribe regu9 lations, as necessary, to carry out this section. 

10 ‘‘(g) PROTECTION OF CERTAIN INFORMATION FROM

11 DISCLOSURE.— 

12 ‘‘(1) IN GENERAL.—Disclosure of information de13 scribed in paragraph (2) is not required, and may 

14 not be compelled, under section 552 of title 5 for five 

15 years after the date on which the information is re16 ceived by the Coast Guard. 

17 ‘‘(2) LIMITATION.— 

18 ‘‘(A) IN GENERAL.—Paragraph (1) applies 

19 to information described in subparagraph (B) 

20 that is in the records of the Coast Guard only if 

21 the information was submitted to the Coast 

22 Guard in a competitive or noncompetitive proc23 ess having the potential for resulting in an 

24 award, to the party submitting the information, 

25 of a cooperative agreement for performance of 


kjohnson on DSK79L0C42 with BILLS
43 

•HR 3409 RH

1 basic, applied, or advanced research authorized 

2 by section 717 or another transaction authorized 

3 by subsection (a). 

4 ‘‘(B) INFORMATION DESCRIBED.—The infor5 mation referred to in subparagraph (A) is the 

6 following: 

7 ‘‘(i) A proposal, proposal abstract, and 

8 supporting documents. 

9 ‘‘(ii) A business plan submitted on a 

10 confidential basis. 

11 ‘‘(iii) Technical information submitted 

12 on a confidential basis. 

13 ‘‘(h) ANNUAL REPORT.—On the date on which the 

14 President submits to Congress a budget pursuant to section 

15 1105 of title 31, the Commandant shall submit to the Com16 mittee on Transportation and Infrastructure of the House 

17 of Representatives and the Committee on Commerce, 

18 Science, and Transportation of the Senate a report describ19 ing each use of the authority provided under this section 

20 during the most recently completed fiscal year, including 

21 details of each use consisting of— 

22 ‘‘(1) the amount of each transaction; 

23 ‘‘(2) the entities or organizations involved; 

24 ‘‘(3) the product or service received; and 


kjohnson on DSK79L0C42 with BILLS
44 

•HR 3409 RH

1 ‘‘(4) the research project for which the product or 

2 service was required.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chapter 

4 7 of title 14, United States Code, is amended by adding 

5 at the end the following: 

‘‘720. Research projects; transactions other than contracts and grants.’’. 

6 SEC. 214. ACQUISITION WORKFORCE AUTHORITIES. 

7 (a) IN GENERAL.—Chapter 11 of title 14, United 

8 States Code, as amended by this Act, is further amended 

9 by inserting after section 1110 the following: 

10 ‘‘§ 1111. Acquisition workforce authorities 

11 ‘‘(a) EXPEDITED HIRING AUTHORITY.— 

12 ‘‘(1) IN GENERAL.—For the purposes of section 

13 3304 of title 5, the Commandant may— 

14 ‘‘(A) designate any category of acquisition 

15 positions within the Coast Guard as shortage 

16 category positions; and 

17 ‘‘(B) use the authorities in such section to 

18 recruit and appoint highly qualified persons di19 rectly to positions so designated. 

20 ‘‘(2) REPORTS.—The Commandant shall include 

21 in reports under section 1102 information described 

22 in that section regarding positions designated under 

23 this subsection. 

24 ‘‘(b) REEMPLOYMENT AUTHORITY.— 


kjohnson on DSK79L0C42 with BILLS
45 

•HR 3409 RH

1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), if an annuitant receiving an annuity from 

3 the Civil Service Retirement and Disability Fund be4 comes employed in any category of acquisition posi5 tions designated by the Commandant under sub6 section (a), the annuity of the annuitant so employed 

7 shall continue. The annuitant so reemployed shall not 

8 be considered an employee for purposes of subchapter 

9 III of chapter 83 or chapter 84 of title 5. 

10 ‘‘(2)(A) ELECTION.—An annuitant retired under 

11 section 8336(d)(1) or 8414(b)(1)(A) of title 5, receiv12 ing an annuity from the Civil Service Retirement 

13 and Disability Fund, who becomes employed in any 

14 category of acquisition positions designated by the 

15 Commandant under subsection (a) after date of enact16 ment of the Coast Guard Authorization Act of 2019, 

17 may elect to be subject to section 8344 or 8468 of such 

18 title (as the case may be). 

19 ‘‘(i) DEADLINE.—An election for coverage 

20 under this subsection shall be filed not later than 

21 90 days after the Commandant takes reasonable 

22 actions to notify an employee who may file an 

23 election. 

24 ‘‘(ii) COVERAGE.—If an employee files an 

25 election under this subsection, coverage shall be 


kjohnson on DSK79L0C42 with BILLS
46 

•HR 3409 RH

1 effective beginning on the first day of the first 

2 applicable pay period beginning on or after the 

3 date of the filing of the election. 

4 ‘‘(B) APPLICATION.—Paragraph (1) shall apply 

5 to an individual who is eligible to file an election 

6 under such subparagraph and does not file a timely 

7 election under clause (i).’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents of 

9 chapter 11 of title 14, United States Code, is amended by 

10 inserting after the item relating to section 1110 the fol11 lowing: 

‘‘1111. Acquisition workforce authorities.’’. 

12 SEC. 215. COAST GUARD HOUSING FUND. 

13 Section 2946 of title 14, United States Code, is amend14 ed— 

15 (1) in subsection (c) by striking paragraph (2) 

16 and redesignating paragraph (1) as paragraph (2); 

17 (2) by inserting before paragraph (2), as redesig18 nated by paragraph (1), the following: ‘‘(1) Amounts 

19 in the Fund shall be available to the Secretary with20 out further appropriation and shall remain available 

21 until expended.’’; and 

22 (3) in paragraph (2), as redesignated by para23 graph (1), by striking ‘‘In such amounts as provided 

24 in appropriations Acts, and except’’ and inserting 

25 ‘‘Except’’. 


kjohnson on DSK79L0C42 with BILLS
47 

•HR 3409 RH

1 SEC. 216. REPORT ON COAST GUARD DEFENSE READINESS 

2 RESOURCES ALLOCATION. 

3 (a) REPORT REQUIRED.—Not later than 180 days 

4 after the date of the enactment of this Act, the Comptroller 

5 General of the United States shall submit to the Committee 

6 on Transportation and Infrastructure of the House of Rep7 resentatives and the Committee on Commerce, Science, and 

8 Transportation of the Senate, a report on the allocation of 

9 resources by the Coast Guard to support its defense readi10 ness mission. 

11 (b) CONTENTS.—The report required by subsection (a) 

12 shall include the following elements: 

13 (1) Funding levels allocated by the Coast Guard 

14 to support defense readiness missions for each of the 

15 past ten fiscal years. 

16 (2) Funding levels transferred or otherwise pro17 vided by the Department of Defense to the Coast 

18 Guard in support of the Coast Guard’s defense readi19 ness missions for each of the past ten fiscal years. 

20 (3) The number of Coast Guard detachments as21 signed in support of the Coast Guard’s defense readi22 ness mission for each of the past ten fiscal years. 

23 (c) ASSESSMENT.—In addition to the elements detailed 

24 in subsection (b), the report shall include an assessment of 

25 the impacts on the Coast Guard’s non-defense mission read26 iness and operational capabilities due to the annual levels 


kjohnson on DSK79L0C42 with BILLS
48 

•HR 3409 RH

1 of reimbursement provided by the Department of Defense 

2 to compensate the Coast Guard for its expenses to fulfill 

3 its defense readiness mission. 

4 SEC. 217. REPORT ON THE FEASIBILITY OF LIQUEFIED NAT5 URAL GAS FUELED VESSELS. 

6 Not later than 1 year after the date of the enactment 

7 of this Act, the Commandant of the Coast Guard shall sub8 mit a report to the Committee on Transportation and In9 frastructure of the House of Representatives and the Com10 mittee on Commerce, Science, and Transportation of the 

11 Senate on the following: 

12 (1) The feasibility, safety, and cost effectiveness 

13 of using liquefied natural gas to fuel new Coast 

14 Guard vessels. 

15 (2) The feasibility, safety, and cost effectiveness 

16 of converting existing vessels to run on liquefied nat17 ural gas fuels. 

18 (3) The operational benefits of using liquefied 

19 natural gas to fuel Coast Guard vessels. 

20 TITLE III—SHIPPING 

21 SEC. 301. ELECTRONIC CHARTS; EQUIVALENCY. 

22 (a) REQUIREMENTS.—Section 3105(a)(1) of title 46, 

23 United States Code, is amended to read as follows: 

24 ‘‘(1) ELECTRONIC CHARTS IN LIEU OF MARINE

25 CHARTS, CHARTS, AND MAPS.—Subject to paragraph 


kjohnson on DSK79L0C42 with BILLS
49 

•HR 3409 RH

1 (2), the following vessels, while operating on the navi2 gable waters of the United States, shall be equipped 

3 with and operate electronic navigational charts con4 forming to a standard acceptable to the Secretary in 

5 lieu of any marine charts, charts, and maps required 

6 by titles 33 and 46, Code of Federal Regulations, as 

7 in effect on the date of the enactment of this para8 graph: 

9 ‘‘(A) A self-propelled commercial vessel of at 

10 least 65 feet overall length. 

11 ‘‘(B) A vessel carrying more than a number 

12 of passengers for hire determined by the Sec13 retary. 

14 ‘‘(C) A towing vessel of more than 26 feet 

15 in overall length and 600 horsepower. 

16 ‘‘(D) Any other vessel for which the Sec17 retary decides that electronic charts are nec18 essary for the safe navigation of the vessel.’’. 

19 (b) EXEMPTIONS AND WAIVERS.—Section 3105(a)(2) 

20 of title 46, United States Code, is amended by— 

21 (1) in subparagraph (A), by striking ‘‘operates; 

22 and’’ and inserting ‘‘operates;’’; 

23 (2) in subparagraph (B), by striking ‘‘those 

24 waters.’’ and inserting ‘‘those waters; and’’; and 

25 (3) by adding at the end the following: 


kjohnson on DSK79L0C42 with BILLS
50 

•HR 3409 RH

1 ‘‘(C) permit vessels that operate solely land2 ward of the baseline from which the territorial 

3 sea of the United States is measured to utilize 

4 software-based, platform-independent electronic 

5 chart systems that the Secretary determines are 

6 capable of displaying electronic navigational 

7 charts with necessary scale and detail to ensure 

8 safe navigation for the intended voyage.’’. 

9 SEC. 302. PASSENGER VESSEL SECURITY AND SAFETY RE10 QUIREMENTS; APPLICATION. 

11 Section 3507(k)(1) of title 46, United States Code, is 

12 amended— 

13 (1) in subparagraph (B), by adding ‘‘and’’ after 

14 the semicolon at the end; 

15 (2) in subparagraph (C), by striking ‘‘; and’’ 

16 and inserting a period; and 

17 (3) by striking subparagraph (D). 

18 SEC. 303. NON-OPERATING INDIVIDUAL. 

19 (a) DEFINITION.—Section 2101 of title 46, United 

20 States Code, is amended by inserting after paragraph (23) 

21 the following: 

22 ‘‘(23a) ‘non-operating individual’ means an in23 dividual who— 

24 ‘‘(A) does not perform— 


kjohnson on DSK79L0C42 with BILLS
51 

•HR 3409 RH

1 ‘‘(i) with respect to the operation of a 

2 vessel, watchstanding, automated engine 

3 room duty watch, navigation, or personnel 

4 safety functions; 

5 ‘‘(ii) with respect to the loading and 

6 unloading of merchandise, cargo handling 

7 functions, including any activity relating to 

8 the loading or unloading of cargo, the oper9 ation of cargo-related equipment (whether 

10 or not integral to the vessel), and the han11 dling of mooring lines on the dock when the 

12 vessel is made fast or let go; 

13 ‘‘(iii) vessel maintenance, including 

14 any repairs that can be performed by the 

15 vessel’s crew or a riding gang; or 

16 ‘‘(iv) safety, security, or environmental 

17 protection activities directly related to the 

18 operation of the vessel and normally con19 ducted by the vessel’s crew; 

20 ‘‘(B) does not serve as part of the crew com21 plement required under section 8101; 

22 ‘‘(C) does not serve as a riding gang mem23 ber; 

24 ‘‘(D) is not a member of the steward’s de25 partment; 


kjohnson on DSK79L0C42 with BILLS
52 

•HR 3409 RH

1 ‘‘(E) is not a citizen or temporary or per2 manent resident of a country designated by the 

3 United States as a sponsor of terrorism or any 

4 other country that the Secretary, in consultation 

5 with the Secretary of State and the heads of 

6 other appropriate United States agencies, deter7 mines to be a security threat to the United 

8 States; 

9 ‘‘(F) is not specifically exempted from the 

10 requirement to have a merchant mariner’s docu11 ment under section 8701(a); 

12 ‘‘(G) has not been convicted in any jurisdic13 tion of an offense described in paragraph (2) or 

14 (3) of section 7703; 

15 ‘‘(H) whose license, certificate of registry, or 

16 merchant mariner’s document has not been sus17 pended or revoked under section 7704; and 

18 ‘‘(I) who does not otherwise constitute a 

19 threat to the safety of the vessel.’’. 

20 (b) CITIZENSHIP AND NAVY RESERVE REQUIRE21 MENTS.—Section 8103(j) of title 46, United States Code, 

22 is amended by— 

23 (1) striking ‘‘RIDING GANG MEMBER’’ and in24 serting ‘‘RIDING GANG MEMBER OR NON-OPERATING

25 INDIVIDUAL’’; and 


kjohnson on DSK79L0C42 with BILLS
53 

•HR 3409 RH

1 (2) inserting ‘‘or a non-operating individual’’ 

2 before the period. 

3 (c) REQUIREMENTS RELATING TO NON-OPERATING IN4 DIVIDUALS.— 

5 (1) IN GENERAL.—Chapter 81 of title 46, United 

6 States Code, is amended— 

7 (A) by redesignating section 8107 as section 

8 8108; and 

9 (B) by inserting after section 8106 the fol10 lowing: 

11 ‘‘§ 8107. Requirements relating to non-operating indi12 viduals 

13 ‘‘(a) IN GENERAL.—The owner or managing operator 

14 of a merchant vessel of the United States of at least 100 

15 gross tons as measured under section 14502, or an alternate 

16 tonnage measured under section 14302 as prescribed by the 

17 Secretary under section 14104, shall— 

18 ‘‘(1) ensure that— 

19 ‘‘(A) each non-operating individual on the 

20 vessel— 

21 ‘‘(i) is a United States citizen or an 

22 alien lawfully admitted to the United States 

23 for permanent residence; or 

24 ‘‘(ii) possesses a United States non-im25 migrant visa for individuals desiring to 


kjohnson on DSK79L0C42 with BILLS
54 

•HR 3409 RH

1 enter the United States temporarily for 

2 business, employment-related and personal 

3 identifying information, and any other doc4 umentation required by the Secretary; 

5 ‘‘(B) all required documentation for such 

6 individual is kept on the vessel and available for 

7 inspection by the Secretary; and 

8 ‘‘(C) each non-operating individual is iden9 tified on the manifest; 

10 ‘‘(2) ensure that— 

11 ‘‘(A) each non-operating individual pos12 sesses— 

13 ‘‘(i) a merchant mariner’s document; 

14 ‘‘(ii) a transportation worker identi15 fication credential under section 70105; or 

16 ‘‘(iii) a current security clearance 

17 issued by a Federal agency; or 

18 ‘‘(B) the employer of such an individual at19 tests in a certificate to the owner or managing 

20 operator that— 

21 ‘‘(i) the background of such individual 

22 has been examined and found to be free of 

23 any credible information indicating a mate24 rial risk to the security of the vessel, the vesVerDate Sep 11 2014 01:14 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6203 E:\BILLS\H3409.RH H3409

kjohnson on DSK79L0C42 with BILLS
55 

•HR 3409 RH

1 sel’s cargo, the ports the vessel visits, or 

2 other individuals onboard the vessel;; 

3 ‘‘(ii) such examination— 

4 ‘‘(I) met the requirements of sec5 tion 70105(d)(2), for persons described 

6 in paragraph (1)(A)(i) of this sub7 section; or 

8 ‘‘(II) consisted of a search of all 

9 information reasonably available to the 

10 owner or managing operator in the in11 dividual’s country of citizenship and 

12 any other country in which the indi13 vidual works, receives employment re14 ferrals, or resides, for persons described 

15 in paragraph (1)(A)(ii) of this sub16 section; and 

17 ‘‘(iii) the information derived from 

18 any such examination is made available to 

19 the Secretary upon request; 

20 ‘‘(3) ensure that each non-operating individual 

21 of the vessel, while on board the vessel, is subject to 

22 the same random chemical testing and reporting re23 gimes as crew members; 

24 ‘‘(4) ensure that each such individual employed 

25 on the vessel receives basic safety familiarization and 


kjohnson on DSK79L0C42 with BILLS
56 

•HR 3409 RH

1 basic safety training approved by the Coast Guard; 

2 and 

3 ‘‘(5) ensure that every non-operating individual 

4 of the vessel is employed on board the vessel under 

5 conditions that meet or exceed the minimum inter6 national standards of all applicable international 

7 labor conventions to which the United States is a 

8 party, including all of the merchant seamen protec9 tion and relief provided under United States law. 

10 ‘‘(b) RECORDKEEPING.—In addition to the require11 ments of subsection (a), the owner or managing operator 

12 of a vessel to which subsection (a) applies shall ensure that 

13 all information necessary to ensure compliance with this 

14 section, as determined by the Secretary, is entered into the 

15 vessel’s official logbook required by chapter 113. 

16 ‘‘(c) CIVIL PENALTY.—A person (including an indi17 vidual) violating this section is liable to the United States 

18 Government for a civil penalty of $1,250.’’. 

19 (2) CLERICAL AMENDMENTS.—The analysis for 

20 chapter 81 of title 46, United States Code, is amended 

21 by striking the item relating to section 8107 and in22 serting the following: 

‘‘8107. Requirements relating to non-operating individuals. 

‘‘8108. Use of force against piracy.’’. 

23 (3) CONFORMING AMENDMENTS.— 


kjohnson on DSK79L0C42 with BILLS
57 

•HR 3409 RH

1 (A) MERCHANT MARINERS’ DOCUMENTS RE2 QUIRED.—Section 8701 of title 46, United States 

3 Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘(e) This section does not apply to non-operating indi6 viduals.’’. 

7 (B) TRAINING FOR USE OF FORCE AGAINST

8 PIRACY.—Section 51705(4) of title 46, United 

9 States Code, is amended by striking ‘‘46 U.S.C. 

10 8107 note’’ and inserting ‘‘46 U.S.C. 8108 note’’. 

11 SEC. 304. SMALL PASSENGER VESSELS AND UNINSPECTED 

12 PASSENGER VESSELS. 

13 Section 12121 of title 46, United States Code, is 

14 amended— 

15 (1) in subsection (a)(1), by striking subpara16 graphs (A) and (B) and inserting the following: 

17 ‘‘(A) was built in the United States; 

18 ‘‘(B) was not built in the United States and 

19 is at least 3 years old; or 

20 ‘‘(C) if rebuilt, was rebuilt— 

21 ‘‘(i) in the United States; or 

22 ‘‘(ii) outside the United States at least 

23 3 years before the certificate requested under 

24 subsection (b) would take effect.’’; and 


kjohnson on DSK79L0C42 with BILLS
58 

•HR 3409 RH

1 (2) in subsection (b), by inserting ‘‘12132,’’ after 

2 ‘‘12113,’’. 

3 SEC. 305. INSTALLATION VESSELS. 

4 (a) IN GENERAL.—Chapter 551 of title 46, United 

5 States Code, is amended by adding at the end the following 

6 new section: 

7 ‘‘§ 55123. Installation vessels 

8 ‘‘(a) INITIAL DETERMINATION OF COASTWISE QUALI9 FIED VESSEL.—No later than 180 days after the date of 

10 the enactment of this section, the Secretary of Transpor11 tation shall determine whether an installation vessel exists 

12 for which a coastwise endorsement has been issued under 

13 section 12112. 

14 ‘‘(b) APPLICATION.—If the Secretary of Transpor15 tation determines under subsection (a) that no such coast16 wise qualified vessel exists, then, after the date on which 

17 such determination is made, lifting operations between a 

18 vessel for which a coastwise endorsement has been issued 

19 under section 12112 and an installation vessel for which 

20 no such endorsement has been issued is not transportation 

21 of merchandise for the purposes of section 55102. 

22 ‘‘(c) REQUESTS FOR DETERMINATIONS OF COASTWISE

23 QUALIFIED VESSELS.— 

24 ‘‘(1) IN GENERAL.—After the date on which the 

25 determination is made under subsection (a), an inVerDate Sep 11 2014 01:14 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6203 E:\BILLS\H3409.RH H3409

kjohnson on DSK79L0C42 with BILLS
59 

•HR 3409 RH

1 stallation vessel for which a coastwise endorsement 

2 has been issued under section 12112, the owner or op3 erator of such installation vessel may seek a new de4 termination from the Secretary of Transportation 

5 that an installation vessel for which a coastwise en6 dorsement has been issued under section 12112 exists. 

7 ‘‘(2) APPLICATION TO NON-QUALIFIED VES8 SELS.—If the Secretary of Transportation makes a 

9 determination under paragraph (1) that a coastwise 

10 qualified vessel exists, then— 

11 ‘‘(A) the owner or operator of an installa12 tion vessel for which no coastwise endorsement 

13 has been issued under section 12112 shall seek a 

14 determination of the availability of a coastwise 

15 qualified vessel under paragraph (3) before using 

16 such non-coastwise qualified vessel for the trans17 portation of a platform jacket; and 

18 ‘‘(B) after the date on which such deter19 mination is made, the owner or operator of an 

20 installation vessel for which no coastwise en21 dorsement has been issued under section 12112 

22 shall not use such non-coastwise qualified vessel 

23 for the transportation of a platform jacket unless 

24 the Secretary of Transportation determines a 


kjohnson on DSK79L0C42 with BILLS
60 

•HR 3409 RH

1 coastwise qualified is not available under para2 graph (4). 

3 ‘‘(3) CRITERIA FOR DETERMINATION OF AVAIL4 ABILITY.—The Secretary of Transportation shall de5 termine a coastwise qualified vessel is not available 

6 if— 

7 ‘‘(A) the owner or operator of a non-coast8 wise qualified vessel submits to the Secretary of 

9 Transportation an application for the use of a 

10 non-coastwise qualified installation vessel for 

11 transportation of a platform jacket under this 

12 section that includes all relevant information, 

13 including engineering details and timing re14 quirements, and such application is submitted 

15 not less than 1 year before the date such vessel 

16 is required for such use; 

17 ‘‘(B) the Secretary provides the application 

18 made under subparagraph (A) to the owner of 

19 each coastwise qualified vessel listed as an instal20 lation vessel in the inventory under section 

21 12138(c) and promptly publishes in the Federal 

22 Register a notice— 

23 ‘‘(i) describing the project and the plat24 form jacket involved; 


kjohnson on DSK79L0C42 with BILLS
61 

•HR 3409 RH

1 ‘‘(ii) advising that all relevant infor2 mation reasonably needed to assess the 

3 transportation and installation require4 ments for the platform jacket will be made 

5 available to an interested person on request; 

6 and 

7 ‘‘(iii) requesting that information on 

8 the availability of coastwise qualified vessels 

9 be submitted within a 45-day period begin10 ning on the date of such publication; and 

11 ‘‘(C)(i) within such 45-day period no infor12 mation is submitted to the Secretary from own13 ers or operators of coastwise qualified installa14 tion vessels to meet the requirements of the appli15 cation required under paragraph (A); or 

16 ‘‘(ii) the owner or operator of a coastwise 

17 qualified installation vessel submits information 

18 to the Secretary asserting that the owner or oper19 ator has a suitable coastwise qualified installa20 tion vessel available to meet the requirements of 

21 the application required under paragraph (A), 

22 but the Secretary determines, within 90 days 

23 after the notice is first published, that the coast24 wise qualified installation vessel is not suitable 

25 or reasonably available for the transportation. 


kjohnson on DSK79L0C42 with BILLS
62 

•HR 3409 RH

1 ‘‘(d) DEFINITIONS.—In this section: 

2 ‘‘(1) INSTALLATION VESSEL.—The term ‘installa3 tion vessel’ means a vessel using a crane suitable for 

4 offshore use that— 

5 ‘‘(A) is used to install platform jackets; 

6 ‘‘(B) has a slewing or luffing capability; 

7 ‘‘(C) has a lifting capacity of at least 1,000 

8 metric tons; and 

9 ‘‘(D) conducts lifting operations to construct 

10 or remove offshore facilities or subsea infrastruc11 ture or to install and uninstall component parts 

12 or materials from offshore facilities or subsea in13 frastructure. 

14 ‘‘(2) LIFTING OPERATIONS.—The term ‘lifting 

15 operations’ means the lifting of platform jackets by 

16 crane from the time that the lifting activity begins 

17 when unlading from a vessel or removing offshore fa18 cilities or subsea infrastructure until the time that the 

19 lifting activities are terminated for a particular un20 lading, installation, or removal of offshore facilities or 

21 subsea infrastructure. 

22 ‘‘(3) PLATFORM JACKET.—The term ‘platform 

23 jacket’ has the meaning given such term in section 

24 55108(a).’’. 


kjohnson on DSK79L0C42 with BILLS
63 

•HR 3409 RH

1 (b) CLERICAL AMENDMENT.—The analysis for chapter 

2 551 of title 46, United States Code, is amended by adding 

3 at the end the following: 

‘‘55123. Installation vessels.’’. 

4 (c) INVENTORY.—Section 12138(b) of title 46, United 

5 States Code, is amended— 

6 (1) in the heading, by striking the period and 

7 inserting ‘‘, AND INSTALLATION.’’; 

8 (2) by amending paragraph (1) to read as fol9 lows: 

10 ‘‘(1) IN GENERAL.—The Secretary of Transpor11 tation shall develop, maintain, and periodically up12 date an inventory of vessels that are— 

13 ‘‘(A) documented under this chapter; 

14 ‘‘(B) at least 200 feet in length; 

15 ‘‘(C) have the capability to lay, maintain, 

16 or repair a submarine cable, without regard to 

17 whether a particular vessel is classed as a cable 

18 ship or cable vessel; and 

19 ‘‘(D) installation vessels within the meaning 

20 of such term in section 55123.’’; and 

21 (3) by amending paragraph (2)(B) to read as 

22 follows: 

23 ‘‘(B) the abilities and limitations of the ves24 sel with respect to— 


kjohnson on DSK79L0C42 with BILLS
64 

•HR 3409 RH

1 ‘‘(i) in the case of a vessel required to 

2 be inventoried under paragraph (1)(A), lay3 ing, maintaining, and repairing a sub4 marine cable; and 

5 ‘‘(ii) in the case of a vessel required to 

6 be inventoried under paragraph (1)(B), in7 stalling platform jackets; and’’. 

8 (d) NOTICE OF MODIFICATION OR REVOCATION.—No 

9 later than 30 days after the enactment of this Act, the Sec10 retary of Homeland Security, acting through the Commis11 sioner of Customs and Border Protection, shall issue a no12 tice, including an opportunity for public comment, on the 

13 modification or revocation of Letter Rulings 101925, 

14 108442, 113841, 114435, 115185, 115218, 115311, 115487, 

15 115522, 115771, 115938, 116078, H004242 with respect to 

16 the application of the section 55102 of title 46, Shipping, 

17 United States Code, to certain offshore operations. 

18 SEC. 306. ADVISORY COMMITTEES. 

19 (a) NATIONAL OFFSHORE SAFETY ADVISORY COM20 MITTEE; REPRESENTATION.—Section 15106(c)(3) of title 

21 46, United States Code, is amended— 

22 (1) in subparagraph (C), by striking ‘‘mineral 

23 and oil operations, including geophysical services’’ 

24 and inserting ‘‘operations’’; 


kjohnson on DSK79L0C42 with BILLS
65 

•HR 3409 RH

1 (2) in subparagraph (D), by striking ‘‘explo2 ration and recovery’’; 

3 (3) in subparagraph (E), by striking ‘‘engaged 

4 in diving services related to offshore construction, in5 spection, and maintenance’’ and inserting ‘‘providing 

6 diving services to the offshore industry’’; 

7 (4) in subparagraph (F), by striking ‘‘engaged 

8 in safety and training services related to offshore ex9 ploration and construction’’ and inserting ‘‘providing 

10 safety and training services to the offshore industry’’; 

11 (5) in subparagraph (G), by striking ‘‘engaged 

12 in pipelaying services related to offshore construction’’ 

13 and inserting ‘‘providing subsea engineering, con14 struction, or remotely operated vehicle support to the 

15 offshore industry’’; 

16 (6) in subparagraph (H), by striking ‘‘mineral 

17 and energy’’; 

18 (7) in subparagraph (I), by striking ‘‘national 

19 environmental entities’’ and inserting ‘‘entities pro20 viding environmental protection, compliance, or re21 sponse services to the offshore industry’’; and 

22 (8) in subparagraph (J), by striking ‘‘deepwater 

23 ports’’ and inserting ‘‘entities engaged in offshore oil 

24 exploration and production on the Outer Continental 

25 Shelf adjacent to Alaska’’. 


kjohnson on DSK79L0C42 with BILLS
66 

•HR 3409 RH

1 (b) ADVISORY COMMITTEES; TESTIMONY.—Section 

2 15109(j)(4) of title 46, United States Code, is amended by 

3 adding at the end the following: 

4 ‘‘(C) TESTIMONY.—The members of a com5 mittee shall be available to testify before appro6 priate committees of the Congress with respect to 

7 the advice, reports, and recommendations sub8 mitted under paragraph (2).’’. 

9 (c) NATIONAL MARITIME TRANSPORTATION SYSTEM

10 ADVISORY COMMITTEE.— 

11 (1) IN GENERAL.—Chapter 555 of title 46, 

12 United States Code, is amended by adding at the end 

13 the following: 

14 ‘‘§ 55502. National Maritime Transportation System 

15 Advisory Committee 

16 ‘‘(a) ESTABLISHMENT.—There is established a Na17 tional Maritime Transportation System Advisory Com18 mittee (in this section referred to as the ‘Committee’). 

19 ‘‘(b) FUNCTION.—The Committee shall advise the Sec20 retary of Transportation on matters relating to the United 

21 States maritime transportation system and its seamless in22 tegration with other segments of the transportation system, 

23 including the viability of the United States Merchant Ma24 rine. 

25 ‘‘(c) MEMBERSHIP.— 


kjohnson on DSK79L0C42 with BILLS
67 

•HR 3409 RH

1 ‘‘(1) IN GENERAL.—The Committee shall consist 

2 of 25 members appointed by the Secretary of Trans3 portation in accordance with this section and section 

4 15109. 

5 ‘‘(2) EXPERTISE.—Each member of the Com6 mittee shall have particular expertise, knowledge, and 

7 experience in matters relating to the function of the 

8 Committee. 

9 ‘‘(3) REPRESENTATION.—Members of the Com10 mittee shall be appointed as follows: 

11 ‘‘(A) At least 1 member shall represent the 

12 Environmental Protection Agency. 

13 ‘‘(B) At least 1 member shall represent the 

14 Department of Commerce. 

15 ‘‘(C) At least 1 member shall represent the 

16 Army Corps of Engineers. 

17 ‘‘(D) At least 1 member shall represent the 

18 Coast Guard. 

19 ‘‘(E) At least 1 member shall represent Cus20 toms and Border Protection. 

21 ‘‘(F) At least 1 member shall represent 

22 State and local governmental entities. 

23 ‘‘(G) Additional members shall represent 

24 private sector entities that reflect a cross-section 


kjohnson on DSK79L0C42 with BILLS
68 

•HR 3409 RH

1 of maritime industries, including port and water 

2 stakeholders, academia, and labor. 

3 ‘‘(H) The Secretary may appoint additional 

4 representatives from other Federal agencies as 

5 the Secretary considers appropriate. 

6 ‘‘(4) ADMINISTRATION.—For purposes of section 

7 15109— 

8 ‘‘(A) the Committee shall be treated as a 

9 committee established under chapter 151; and 

10 ‘‘(B) the Secretary of Transportation shall 

11 fulfill all duties and responsibilities and have all 

12 authorities of the Secretary of Homeland Secu13 rity with regard to the Committee.’’. 

14 (2) TREATMENT OF EXISTING COMMITTEE.—Not15 withstanding any other provision of law— 

16 (A) an advisory committee substantially 

17 similar to the National Maritime Transportation 

18 System Advisory Committee established by this 

19 section and that was in force or in effect on the 

20 day before the date of the enactment of this Act, 

21 including the charter, membership, and other as22 pects of such committee, may remain in force or 

23 in effect for the 2-year period beginning on the 

24 date of the enactment of this section; and 

25 (B) during such 2-year period— 


kjohnson on DSK79L0C42 with BILLS
69 

•HR 3409 RH

1 (i) requirements relating the National 

2 Maritime Transportation System Advisory 

3 Committee established by such section shall 

4 be treated as satisfied by such substantially 

5 similar advisory committee; and 

6 (ii) the enactment of this section shall 

7 not be the basis— 

8 (I) to deem, find, or declare such 

9 committee, including the charter, mem10 bership, and other aspects thereof, void, 

11 not in force, or not in effect; 

12 (II) to suspend the activities of 

13 such committee; or 

14 (III) to bar the members of such 

15 committee from a meeting. 

16 (3) CLERICAL AMENDMENT.—The analysis for 

17 chapter 555 of title 46, United States Code, is amend18 ed by adding at the end the following: 

‘‘55502. National Maritime Transportation System Advisory Committee.’’. 

19 (4) REPEAL.—Section 55603 of title 46, United 

20 States Code, and the item relating to that section in 

21 the analysis for chapter 556 of that title, are repealed. 

22 (d) GREAT LAKES PILOTAGE ADVISORY COM23 MITTEE.— 


kjohnson on DSK79L0C42 with BILLS
70 

•HR 3409 RH

1 (1) IN GENERAL.—Title 46, United States Code, 

2 is amended by striking section 9307 and inserting the 

3 following: 

4 ‘‘§ 9307. Great Lakes Pilotage Advisory Committee 

5 ‘‘(a) ESTABLISHMENT.—There is established a Great 

6 Lakes Pilotage Advisory Committee (in this section referred 

7 to as the ‘Committee’). 

8 ‘‘(b) FUNCTION.—The Committee— 

9 ‘‘(1) may review proposed Great Lakes pilotage 

10 regulations and policies and make recommendations 

11 to the Secretary that the Committee considers appro12 priate; and 

13 ‘‘(2) may advise, consult with, report to, and 

14 make recommendations to the Secretary on matters 

15 relating to Great Lakes pilotage. 

16 ‘‘(c) MEMBERSHIP.— 

17 ‘‘(1) IN GENERAL.—The Committee shall consist 

18 of 7 members appointed by the Secretary in accord19 ance with this section and section 15109. 

20 ‘‘(2) EXPERTISE.—Each member of the Com21 mittee shall have particular expertise, knowledge, and 

22 experience in matters relating to the function of the 

23 Committee. 

24 ‘‘(3) REPRESENTATION.—Members of the Com25 mittee shall be appointed as follows: 


kjohnson on DSK79L0C42 with BILLS
71 

•HR 3409 RH

1 ‘‘(A) The President of each of the 3 Great 

2 Lakes pilotage districts, or the President’s rep3 resentative. 

4 ‘‘(B) At least 1 member shall represent the 

5 interests of vessel operators that contract for 

6 Great Lakes pilotage services. 

7 ‘‘(C) At least 1 member shall represent the 

8 interests of Great Lakes ports. 

9 ‘‘(D) At least 1 member shall represent the 

10 interests of shippers whose cargoes are trans11 ported through Great Lakes ports. 

12 ‘‘(E) At least 1 member shall have a back13 ground in finance or accounting and must have 

14 been recommended to the Secretary by a unani15 mous vote of the other members of the Committee. 

16 ‘‘(4) ADMINISTRATION.—For purposes of section 

17 15109, the Committee shall be treated as a committee 

18 established under chapter 151.’’. 

19 (2) TREATMENT OF EXISTING COMMITTEE.—Not20 withstanding any other provision of law— 

21 (A) an advisory committee substantially 

22 similar to the Great Lakes Pilotage Advisory 

23 Committee established by section 9307 of title 46, 

24 United States Code, as amended by this section, 

25 and that was in force or in effect on the day beVerDate Sep 11 2014 01:14 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6203 E:\BILLS\H3409.RH H3409

kjohnson on DSK79L0C42 with BILLS
72 

•HR 3409 RH

1 fore the date of the enactment of this Act, includ2 ing the charter, membership, and other aspects of 

3 the committee, may remain in force or in effect 

4 for a period of 2 years from the date of enact5 ment of this Act; and 

6 (B) during such 2-year period— 

7 (i) requirements relating to the Great 

8 Lakes Pilotage Advisory Committee estab9 lished by section 9307 of title 46, United 

10 States Code, as amended by this section, 

11 shall be treated as satisfied by the substan12 tially similar advisory committee; and 

13 (ii) the enactment of this section and 

14 the amendments made by this section shall 

15 not be the basis— 

16 (I) to deem, find, or declare such 

17 committee, including the charter, mem18 bership, and other aspects thereof, void, 

19 not in force, or not in effect; 

20 (II) to suspend the activities of 

21 such committee; or 

22 (III) to bar the members of such 

23 committee from a meeting. 

24 (e) TECHNICAL CORRECTIONS.—Section 15109 of title 

25 46 is amended by inserting ‘‘or to which this chapter apVerDate Sep 11 2014 01:14 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6203 E:\BILLS\H3409.RH H3409

kjohnson on DSK79L0C42 with BILLS
73 

•HR 3409 RH

1 plies’’ after ‘‘committee established under this chapter’’ each 

2 place it appears. 

3 SEC. 307. EXPIRED MARITIME LIENS. 

4 Section 31343(e) of title 46, United States Code, is 

5 amended— 

6 (1) by inserting ‘‘(1)’’ before ‘‘A notice’’; and 

7 (2) by inserting after paragraph (1), as so des8 ignated by this section, the following: 

9 ‘‘(2) On expiration of a notice of claim of lien under 

10 paragraph (1), the Secretary shall remove such expired no11 tice.’’. 

12 SEC. 308. OFFSHORE NAVIGATION. 

13 (a) PORT ACCESS ROUTES.—Section 70003(e) of title 

14 46, United States Code, is amended— 

15 (1) in paragraph (3), by striking ‘‘continues; 

16 and’’ and inserting ‘‘continues;’’; 

17 (2) in paragraph (4), by striking the period at 

18 the end and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(5) shall, unless otherwise authorized by the 

21 Secretary, and notwithstanding any other provision 

22 of this chapter, require— 

23 ‘‘(A) a 2-nautical-mile buffer between the 

24 parallel outer or seaward boundary of a traffic 

25 lane and any offshore structure affixed to the 


kjohnson on DSK79L0C42 with BILLS
74 

•HR 3409 RH

1 submerged land of the Outer Continental Shelf; 

2 and 

3 ‘‘(B) a 5-nautical-mile buffer between the 

4 entry or exit of any traffic separation scheme 

5 and any offshore structure.’’. 

6 (b) NAVIGATION; CONFLICT MITIGATION.—Not later 

7 than 1 year after the date of the enactment of this Act, the 

8 Secretary of the department in which the Coast Guard is 

9 operating shall implement the recommendations of the At10 lantic Coast Port Access Route Study, docket number 

11 USCG–2011–0351, dated February 24, 2016, including any 

12 recommendations in the appendices thereto. 

13 (c) FAIRWAYS.—Not later than July 1, 2021, the Com14 mandant of the Coast Guard shall conduct a review of navi15 gation on the East Coast of the United States and submit 

16 recommendations for new fairways on such coast to facili17 tate commerce to the Committee on Transportation and In18 frastructure of the House of Representatives and the Com19 mittee on Commerce, Science, and Transportation of the 

20 Senate. 

21 (d) PORT ACCESS ROUTE STUDIES COMPLETION

22 DATES.—The Commandant of the Coast Guard shall com23 plete— 


kjohnson on DSK79L0C42 with BILLS
75 

•HR 3409 RH

1 (1) the Chuckchi Sea, Bering Strait and Bering 

2 Sea Port Access Route Study not later than 1 year 

3 after the date of the enactment of this Act; and 

4 (2) the Alaskan Arctic Coast Port Access Route 

5 Study not later than 5 years after the date of the en6 actment of this Act. 

7 SEC. 309. TRAINING; EMERGENCY RESPONSE PROVIDERS. 

8 (a) SECURITY PLAN IMPLEMENTATION GRANTS.—Sec9 tion 70107 of title 46, United States Code, is amended— 

10 (1) in subsection (a), by striking ‘‘law enforce11 ment personnel’’ and inserting ‘‘emergency response 

12 providers’’; 

13 (2) in subsection (b)(8), by striking ‘‘law enforce14 ment personnel—’’ and inserting ‘‘emergency response 

15 providers—’’; and 

16 (3) in subsection (c)(2)(C), by striking ‘‘law en17 forcement agency personnel’’ and inserting ‘‘emer18 gency response providers’’. 

19 (b) CREDENTIALING FOR STATE AND LOCAL SUP20 PORT.—Section 70132 of title 46, United States Code, is 

21 amended— 

22 (1) in subsection (a), by striking ‘‘law enforce23 ment personnel—’’ and inserting ‘‘emergency response 

24 providers—’’; 


kjohnson on DSK79L0C42 with BILLS
76 

•HR 3409 RH

1 (2) in subsection (b), by striking ‘‘law enforce2 ment personnel’’ each place it appears and inserting 

3 ‘‘emergency response providers’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(d) DEFINITION.—For the purposes of this section, the 

6 term ‘emergency response providers’ has the meaning given 

7 that term in section 2 of the Homeland Security Act of 2002 

8 (6 U.S.C. 101).’’. 

9 SEC. 310. AIMING A LASER POINTER AT A VESSEL. 

10 (a) IN GENERAL.—Subchapter II of chapter 700 of 

11 title 46, United States Code, is amended by adding at the 

12 end the following: 

13 ‘‘§ 70014. Aiming a laser pointer at a vessel 

14 ‘‘(a) PROHIBITION.—It shall be unlawful to cause the 

15 beam of a laser pointer to strike a vessel operating on the 

16 navigable waters of the United States. 

17 ‘‘(b) EXCEPTIONS.—This section shall not apply to a 

18 member or element of the Department of Defense or Depart19 ment of Homeland Security acting in an official capacity 

20 for the purpose of research, development, operations, testing, 

21 or training. 

22 ‘‘(c) LASER POINTER DEFINED.—In this section the 

23 term ‘laser pointer’ means any device designed or used to 

24 amplify electromagnetic radiation by stimulated emission 

25 that emits a beam designed to be used by the operator as 


kjohnson on DSK79L0C42 with BILLS
77 

•HR 3409 RH

1 a pointer or highlighter to indicate, mark, or identify a 

2 specific position, place, item, or object.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for such 

4 chapter is amended by adding at the end of the items relat5 ing to such subchapter the following: 

‘‘70014. Aiming a laser pointer at a vessel.’’. 

6 SEC. 311. MARITIME TRANSPORTATION ASSESSMENT. 

7 Section 55501(e) of title 46, United States Code, is 

8 amended— 

9 (1) in paragraph (2), by striking ‘‘an assessment 

10 of the condition’’ and inserting ‘‘a conditions and 

11 performance analysis’’; 

12 (2) in paragraph (4), by striking ‘‘; and’’ and 

13 inserting a semicolon; 

14 (3) in paragraph (5) by striking the period and 

15 inserting ‘‘; and’’; and 

16 (4) by adding at the end the following: 

17 ‘‘(6) a compendium of the Federal programs en18 gaged in the maritime transportation system.’’. 

19 SEC. 312. SAFETY OF SPECIAL ACTIVITIES. 

20 (a) IN GENERAL.—Title 46, United States Code, is 

21 amended by inserting after section 70005 the following: 

22 ‘‘§ 70006. Safety of special activities 

23 ‘‘(a) IN GENERAL.—The Secretary may establish a 

24 safety zone to address special activities in the exclusive eco25 nomic zone. 


kjohnson on DSK79L0C42 with BILLS
78 

•HR 3409 RH

1 ‘‘(b) DEFINITIONS.—In this section: 

2 ‘‘(1) The term ‘safety zone’ has the meaning pro3 vided in section 165.20 of title 33, Code of Federal 

4 Regulations. 

5 ‘‘(2) The term ‘special activities’ includes— 

6 ‘‘(A) space activities, including launch and 

7 reentry, as those terms are defined in section 

8 50902 of title 51, carried out by United States 

9 citizens; and 

10 ‘‘(B) offshore energy development activities, 

11 as described in section 8(p)(1)(C) of the Outer 

12 Continental Shelf Lands Act (43 U.S.C. 

13 1337(p)(1)(C)), on or near a fixed platform. 

14 ‘‘(3) The term ‘United States citizen’ has the 

15 meaning given the term ‘eligible owners’ in section 

16 12103. 

17 ‘‘(4) The term ‘fixed platform’ means an artifi18 cial island, installation, or structure permanently at19 tached to the sea-bed for the purpose of exploration or 

20 exploitation of resources or for other economic pur21 poses.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for chapter 

23 700 of title 46, United States Code, is amended by inserting 

24 after the item relating to section 70005 the following: 

‘‘70006. Safety of special activities.’’. 

25 (c) REGULATIONS.— 


kjohnson on DSK79L0C42 with BILLS
79 

•HR 3409 RH

1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of the enactment of this Act, the Secretary of 

3 the department in which the Coast Guard is oper4 ating shall establish regulations to implement this 

5 section. 

6 (2) ALIGNMENT WITH OTHER REGULATIONS.— 

7 Such regulations shall align with subchapter C of 

8 chapter III of title 14, Code of Federal Regulations. 

9 SEC. 313. ENGINE CUT-OFF SWITCHES; USE REQUIREMENT. 

10 (a) IN GENERAL.—Section 4312 of title 46, United 

11 States Code, is amended— 

12 (1) by redesignating subsections (b), (c), and (d) 

13 as subsections (c), (d), and (e), respectively; and 

14 (2) by inserting after subsection (a) the fol15 lowing: 

16 ‘‘(b) USE REQUIREMENT.— 

17 ‘‘(1) IN GENERAL.—An individual operating a 

18 covered recreational vessel shall use an engine cut-off 

19 switch link while operating on plane or above dis20 placement speed. 

21 ‘‘(2) EXCEPTIONS.—The requirement under 

22 paragraph (1) shall not apply if— 

23 ‘‘(A) the main helm of the covered vessel is 

24 installed within an enclosed cabin; or 


kjohnson on DSK79L0C42 with BILLS
80 

•HR 3409 RH

1 ‘‘(B) the vessel does not have an engine cut2 off switch and is not required to have one under 

3 subsection (a).’’. 

4 (b) CIVIL PENALTY.—Section 4311 of title 46, United 

5 States Code, is amended by— 

6 (1) redesignating subsections (c), (d), (e), (f), 

7 and (g) as subsections (d), (e), (f), (g), and (h), re8 spectively; and 

9 (2) inserting after subsection (b) the following: 

10 ‘‘(c) A person violating section 4312(b) of this title is 

11 liable to the United States Government for a civil penalty 

12 of not more than— 

13 ‘‘(1) $100 for the first offense; 

14 ‘‘(2) $250 for the second offense; and 

15 ‘‘(3) $500 for any subsequent offense.’’. 

16 (c) EFFECTIVE DATE.—The amendments made in sub17 sections (a) and (b) shall take effect 90 days after the date 

18 of the enactment of this section, unless the Commandant 

19 of the Coast Guard, prior to the date that is 90 days after 

20 the date of the enactment of this section, determines that 

21 the use requirement enacted in subsection (a) would not 

22 promote recreational boating safety. 

23 SEC. 314. EXEMPTIONS AND EQUIVALENTS. 

24 (a) IN GENERAL.—Section 4305 of title 46, United 

25 States Code, is amended— 


kjohnson on DSK79L0C42 with BILLS
81 

•HR 3409 RH

1 (1) by striking the heading and inserting the fol2 lowing: 

3 ‘‘§ 4305. Exemptions and equivalents’’; 

4 (2) by striking ‘‘If the Secretary’’ and inserting 

5 the following: 

6 ‘‘(a) EXEMPTIONS.—If the Secretary’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(b) EQUIVALENTS.—The Secretary may accept a sub9 stitution for associated equipment performance or other 

10 safety standards for a recreational vessel if the substitution 

11 provides an equivalent level of safety.’’. 

12 (b) CLERICAL AMENDMENT.—The analysis for chapter 

13 43 of title 46, United States Code, is amended by striking 

14 the item relating to section 4305 and inserting the fol15 lowing: 

‘‘4305. Exemptions and equivalents.’’. 

16 SEC. 315. ABANDONED SEAFARERS FUND. 

17 Section 11113 of title 46, United States Code, is 

18 amended— 

19 (1) in subsection (a)(2), by striking ‘‘may be ap20 propriated to the Secretary’’ and inserting ‘‘shall be 

21 available to the Secretary without further appropria22 tion and shall remain available until expended’’; and 

23 (2) by striking paragraph (4) of subsection (c). 


kjohnson on DSK79L0C42 with BILLS
82 

•HR 3409 RH

1 SEC. 316. ICE PATROL; PAYMENTS. 

2 Section 80301(c) of title 46, United States Code, is 

3 amended by striking ‘‘operating expenses of the Coast 

4 Guard.’’ and inserting ‘‘operations and support of the Coast 

5 Guard and shall remain available until expended.’’. 

6 SEC. 317. SECURITY PLANS; REVIEWS. 

7 Section 70103 of title 46, United States Code, is 

8 amended— 

9 (1) in subsection (b)(3), by inserting ‘‘and up10 dates’’ after ‘‘Area Maritime Transportation Security 

11 Plans’’ each place it appears; and 

12 (2) in subsection (c)(4), by inserting ‘‘or update’’ 

13 after ‘‘plan’’ each place it appears. 

14 SEC. 318. WAIVER OF NAVIGATION AND VESSEL INSPEC15 TION LAWS. 

16 Section 501(a) of title 46, United States Code, is 

17 amended— 

18 (1) by striking ‘‘On request’’ and inserting the 

19 following: 

20 ‘‘(1) IN GENERAL.—On request’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(2) EXPLANATION.—Not later than 24 hours 

23 after making a request under paragraph (1), the Sec24 retary of Defense shall submit to the Committees on 

25 Transportation and Infrastructure and Armed Serv26 ices of the House of Representatives and the CommitVerDate Sep 11 2014 01:14 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6203 E:\BILLS\H3409.RH H3409

kjohnson on DSK79L0C42 with BILLS
83 

•HR 3409 RH

1 tees on Commerce, Science, and Transportation and 

2 Armed Services of the Senate a written explanation 

3 of the circumstances requiring such a waiver in the 

4 interest of national defense, including a confirmation 

5 that there are insufficient qualified vessels to meet the 

6 needs of national defense without such a waiver.’’. 

7 SEC. 319. REQUIREMENT FOR SMALL SHIPYARD GRANTEES. 

8 Section 54101(d) of title 46, United States Code, is 

9 amended— 

10 (1) by striking ‘‘Grants awarded’’ and inserting 

11 the following: 

12 ‘‘(1) IN GENERAL.—Grants awarded’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(2) BUY AMERICA.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (B), no funds may be obligated by the Ad17 ministrator of the Maritime Administration 

18 under this section, unless each product and ma19 terial purchased with those funds (including 

20 products and materials purchased by a grantee), 

21 and including any commercially available off22 the-shelf item, is— 

23 ‘‘(i) an unmanufactured article, mate24 rial, or supply that has been mined or pro25 duced in the United States; or 


kjohnson on DSK79L0C42 with BILLS
84 

•HR 3409 RH

1 ‘‘(ii) a manufactured article, material, 

2 or supply that has been manufactured in 

3 the United States substantially all from ar4 ticles, materials, or supplies mined, pro5 duced, or manufactured in the United 

6 States. 

7 ‘‘(B) EXCEPTIONS.— 

8 ‘‘(i) IN GENERAL.—Notwithstanding 

9 subparagraph (A), the requirements of that 

10 subparagraph shall not apply with respect 

11 to a particular product or material if such 

12 Administrator determines— 

13 ‘‘(I) that the application of those 

14 requirements would be inconsistent 

15 with the public interest; 

16 ‘‘(II) that such product or mate17 rial is not available in the United 

18 States in sufficient and reasonably 

19 available quantities, of a satisfactory 

20 quality, or on a timely basis; or 

21 ‘‘(III) that inclusion of a domestic 

22 product or material will increase the 

23 cost of that product or material by 

24 more than 25 percent, with respect to 


kjohnson on DSK79L0C42 with BILLS
85 

•HR 3409 RH

1 a certain contract between a grantee 

2 and that grantee’s supplier. 

3 ‘‘(ii) FEDERAL REGISTER.—A deter4 mination made by such Administrator 

5 under this subparagraph shall be published 

6 in the Federal Register. 

7 ‘‘(C) DEFINITIONS.—In this paragraph: 

8 ‘‘(i) COMMERCIALLY AVAILABLE OFF9 THE-SHELF ITEM.—The term ‘commercially 

10 available off-the-shelf item’ means— 

11 ‘‘(I) any item of supply (includ12 ing construction material) that is— 

13 ‘‘(aa) a commercial item, as 

14 defined by section 2.101 of title 

15 48, Code of Federal Regulations; 

16 and 

17 ‘‘(bb) sold in substantial 

18 quantities in the commercial mar19 ketplace; and 

20 ‘‘(II) does not include bulk cargo, 

21 as that term is defined in section 

22 40102(4) of this title, such as agricul23 tural products and petroleum products. 

24 ‘‘(ii) PRODUCT OR MATERIAL.—The 

25 term ‘product or material’ means an article, 


kjohnson on DSK79L0C42 with BILLS
86 

•HR 3409 RH

1 material, or supply brought to the site by 

2 the recipient for incorporation into the 

3 building, work, or project. The term also in4 cludes an item brought to the site 

5 preassembled from articles, materials, or 

6 supplies. However, emergency life safety 

7 systems, such as emergency lighting, fire 

8 alarm, and audio evacuation systems, that 

9 are discrete systems incorporated into a 

10 public building or work and that are pro11 duced as complete systems, are evaluated as 

12 a single and distinct construction material 

13 regardless of when or how the individual 

14 parts or components of those systems are de15 livered to the construction site. 

16 ‘‘(iii) UNITED STATES.—The term 

17 ‘United States’ includes the District of Co18 lumbia, the Commonwealth of Puerto Rico, 

19 the Northern Mariana Islands, Guam, 

20 American Samoa, and the Virgin Islands.’’. 

21 SEC. 320. INDEPENDENT STUDY ON THE UNITED STATES 

22 MERCHANT MARINE ACADEMY. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of enactment of this Act, the Secretary of Transpor25 tation shall seek to enter into an agreement with the NaVerDate Sep 11 2014 01:14 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6203 E:\BILLS\H3409.RH H3409

kjohnson on DSK79L0C42 with BILLS
87 

•HR 3409 RH

1 tional Academy of Public Administration (referred to in 

2 this section as the ‘‘Academy’’) to carry out the activities 

3 described in this section. 

4 (b) STUDY ELEMENTS.—In accordance with the agree5 ment described in subsection (a), the Academy shall conduct 

6 a study of the United States Merchant Marine Academy 

7 that consists of the following: 

8 (1) A comprehensive assessment of the United 

9 States Merchant Marine Academy’s systems, training, 

10 facilities, infrastructure, information technology, and 

11 stakeholder engagement. 

12 (2) Identification of needs and opportunities for 

13 modernization to help the United States Merchant 

14 Marine Academy keep pace with more modern cam15 puses. 

16 (3) Development of an action plan for the United 

17 States Merchant Marine Academy with specific rec18 ommendations for— 

19 (A) improvements or updates relating to the 

20 opportunities described in paragraph (2); and 

21 (B) systemic changes needed to help the 

22 United States Merchant Marine Academy 

23 achieve its mission of inspiring and educating 

24 the next generation of the mariner workforce on 

25 a long-term basis. 


kjohnson on DSK79L0C42 with BILLS
88 

•HR 3409 RH

1 (c) DEADLINE AND REPORT.—Not later than 1 year 

2 after the date of the agreement described in subsection (a), 

3 the Academy shall prepare and submit to the Administrator 

4 of the Maritime Administration a report containing the ac5 tion plan described in subsection (b)(3), including specific 

6 findings and recommendations. 

7 SEC. 321. CENTERS OF EXCELLENCE FOR DOMESTIC MARI8 TIME WORKFORCE TRAINING AND EDU9 CATION. 

10 Section 54102 of title 46, United States Code, is 

11 amended— 

12 (1) in subsection (b), by inserting ‘‘or subsection 

13 (d)’’ after ‘‘designated under subsection (a)’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(d) STATE MARITIME ACADEMY.—The Secretary of 

16 Transportation shall designate each State maritime acad17 emy, as defined in section 51102(4) of this title, as a center 

18 of excellence under this section.’’. 

19 SEC. 322. RENEWAL OF MERCHANT MARINER LICENSES 

20 AND DOCUMENTS. 

21 Section 7507 of title 46, United States Code, is amend22 ed by adding at the end the following: 

23 ‘‘(d) RENEWAL.—With respect to any renewal of an 

24 existing merchant mariner credential that is not an exten25 sion under subsection (a) or (b), such credential shall begin 


kjohnson on DSK79L0C42 with BILLS
89 

•HR 3409 RH

1 the day after the expiration of the credential holder’s exist2 ing credential.’’. 

3 TITLE IV—MISCELLANEOUS 

4 SEC. 401. COASTWISE TRADE. 

5 (a) IN GENERAL.—The Commandant of the Coast 

6 Guard shall review the adequacy of and continuing need 

7 for provisions in title 46, Code of Federal Regulations, that 

8 require a United States vessel documented under chapter 

9 121 of title 46, United States Code, possessing a coastwise 

10 endorsement under that chapter, and engaged in coastwise 

11 trade, to comply with regulations for vessels engaged in an 

12 international voyage. 

13 (b) BRIEFING.—Not later than 180 days after the date 

14 of the enactment of this Act, the Commandant of the Coast 

15 Guard shall provide to the Committee on Transportation 

16 and Infrastructure of the House of Representatives and the 

17 Committee on Commerce, Science, and Transportation of 

18 the Senate a briefing on the findings of the review required 

19 under subsection (a) and a discussion of how existing laws 

20 and regulations could be amended to ensure the safety of 

21 vessels described in subsection (a) while infringing as little 

22 as possible on commerce. 

23 SEC. 402. UNMANNED MARITIME SYSTEMS. 

24 (a) ASSESSMENT.— 


kjohnson on DSK79L0C42 with BILLS
90 

•HR 3409 RH

1 (1) IN GENERAL.—The Commandant of the 

2 Coast Guard, acting through the Blue Technology 

3 Center of Expertise, shall regularly assess available 

4 unmanned maritime systems for potential use to sup5 port missions of the Coast Guard. 

6 (2) CONSULTATION.—The Commandant shall 

7 make the assessment required under paragraph (1) 

8 after consultation with the Department of Defense, 

9 other Federal agencies, the academic sector, and devel10 opers and manufacturers of unmanned maritime sys11 tems. 

12 (b) REPORT.— 

13 (1) IN GENERAL.—Not later than one year after 

14 the date of the enactment of this Act, and biennially 

15 thereafter, the Commandant shall submit to the Com16 mittee on Transportation and Infrastructure of the 

17 House of Representatives and the Committee on Com18 merce, Science, and Transportation of the Senate a 

19 report on the actual and potential effects of the use 

20 of then-existing unmanned maritime systems on the 

21 mission effectiveness of the Coast Guard. 

22 (2) CONTENTS.—Each report submitted under 

23 paragraph (1) shall include the following: 

24 (A) An inventory of current unmanned 

25 maritime systems used by the Coast Guard, an 


kjohnson on DSK79L0C42 with BILLS
91 

•HR 3409 RH

1 overview of such usage, and a discussion of the 

2 mission effectiveness of such systems, including 

3 any benefits realized or risks or negative aspects 

4 of such usage. 

5 (B) A prioritized list of Coast Guard mis6 sion requirements that could be met with addi7 tional unmanned maritime systems, and the esti8 mated costs of acquiring and operating such sys9 tems. 

10 (c) DEFINITIONS.—In this section: 

11 (1) UNMANNED MARITIME SYSTEMS.— 

12 (A) IN GENERAL.—The term ‘‘unmanned 

13 maritime systems’’ means remotely operated or 

14 autonomous vehicles produced by the commercial 

15 sector designed to travel in the air, on or under 

16 the ocean surface, on land, or any combination 

17 thereof, and that function without an on-board 

18 human presence. 

19 (B) EXAMPLES.—Such term includes the 

20 following: 

21 (i) Unmanned undersea vehicles. 

22 (ii) Unmanned surface vehicles. 

23 (iii) Unmanned aerial vehicles. 

24 (iv) Autonomous underwater vehicles. 

25 (v) Autonomous surface vehicles. 


kjohnson on DSK79L0C42 with BILLS
92 

•HR 3409 RH

1 (vi) Autonomous aerial vehicles. 

2 (2) AVAILABLE UNMANNED MARITIME SYS3 TEMS.—The term ‘‘available unmanned maritime sys4 tems’’ includes systems that can be purchased com5 mercially or are in use by the Department of Defense 

6 or other Federal agencies. 

7 SEC. 403. EXPEDITED TRANSFER IN CASES OF SEXUAL AS8 SAULT; DEPENDENTS OF MEMBERS OF THE 

9 COAST GUARD. 

10 Not later than 180 days after the date of the enactment 

11 of this Act, the Commandant of the Coast Guard shall estab12 lish a policy to allow the transfer of a member of the Coast 

13 Guard whose dependent is the victim of sexual assault per14 petrated by a member of the Armed Forces who is not re15 lated to the victim. 

16 SEC. 404. TOWING VESSELS; OPERATION OUTSIDE THE 

17 BOUNDARY LINE. 

18 (a) INTERIM EXEMPTION.—A towing vessel to which 

19 this section applies is exempt from any additional require20 ments of subtitle II of title 46, United States Code, and 

21 chapter I of title 33 and chapter I of title 46, Code of Fed22 eral Regulations, that would result solely from such vessel 

23 operating outside the Boundary Line (as such term is de24 fined in section 103 of title 46, United States Code) if such 

25 vessel— 


kjohnson on DSK79L0C42 with BILLS
93 

•HR 3409 RH

1 (1) is listed as a response vessel on a vessel re2 sponse plan and is operating outside the Boundary 

3 Line solely to perform duties of a response vessel; or 

4 (2) is operating outside the Boundary Line sole5 ly to perform operations necessary to escort a vessel 

6 with limited maneuverability. 

7 (b) APPLICABILITY.—This section applies to a towing 

8 vessel— 

9 (1) that is subject to inspection under chapter 33 

10 of title 46, United States Code, and subchapter M of 

11 title 46, Code of Federal Regulations; 

12 (2) with only ‘‘Lakes, Bays, and Sounds’’ or 

13 ‘‘Rivers’’ routes recorded on such vessel’s certificate of 

14 inspection under section 136.230 of title 46, Code of 

15 Federal Regulations; and 

16 (3)(A) that, with respect to a vessel that is de17 scribed in subsection (a)(1), is listed— 

18 (i) on a vessel response plan under part 155 

19 of title 33, Code of Federal Regulations, on the 

20 date of approval of the vessel response plan; or 

21 (ii) by name or reference in the vessel re22 sponse plan’s geographic-specific appendix on the 

23 date of approval of the vessel response plan; or 

24 (B) that, with respect to a vessel described in 

25 subsection (a)(2), is regularly engaged in harbor asVerDate Sep 11 2014 01:14 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6203 E:\BILLS\H3409.RH H3409

kjohnson on DSK79L0C42 with BILLS
94 

•HR 3409 RH

1 sist operations, including the docking, undocking, 

2 mooring, unmooring, and escorting of vessels with 

3 limited maneuverability. 

4 (c) LIMITATIONS.—A vessel exempted under subsection 

5 (a) is subject to the following operating limitations: 

6 (1) RESPONSE VESSELS.—The voyage of a vessel 

7 exempted under subsection (a)(1) shall— 

8 (A) be less than 12 hours, or in the case of 

9 a voyage in the territorial waters of Alaska, 

10 Guam, Hawaii, and American Samoa, have suf11 ficient manning as determined by the Secretary; 

12 and 

13 (B) originate and end in the inspection 

14 zone of a single Officer In-Charge, Marine In15 spection, as defined in section 3305(d)(4) of title 

16 46, United States Code. 

17 (2) ESCORT VESSELS.—The voyage of a vessel 

18 exempted under subsection (a)(2) shall— 

19 (A) be less than 12 hours in total duration; 

20 (B) originate and end in the inspection 

21 zone of a single Officer In-Charge, Marine In22 spection, as such term is defined in section 

23 3305(d)(4) of title 46, United States Code; and 

24 (C) occur no further than 10 nautical miles 

25 from the Boundary Line. 


kjohnson on DSK79L0C42 with BILLS
95 

•HR 3409 RH

1 (d) TERMINATION.—The interim exemption provided 

2 under subsection (a) shall terminate on July 22, 2023. 

3 (e) RESTRICTION.—The Officer In-Charge, Marine In4 spection, as defined in section 3305(d)(4) of title 46, United 

5 States Code, for an inspection zone may restrict operations 

6 under the exemptions provided under subsection (a) for 

7 safety purposes. 

8 (f) BRIEFING.—Not later than July 22, 2022, the Com9 mandant of the Coast Guard shall brief the Committee on 

10 Transportation and Infrastructure of the House of Rep11 resentatives and the Committee on Commerce, Science, and 

12 Transportation of the Senate regarding the following: 

13 (1) The impacts of the interim exemptions pro14 vided under this section. 

15 (2) Any safety concerns regarding the expiration 

16 of such interim exemptions. 

17 (3) Whether such interim exemptions should be 

18 extended or made permanent in the interests of safety. 

19 SEC. 405. COAST GUARD AUTHORITIES STUDY. 

20 (a) IN GENERAL.—The Secretary of the department in 

21 which the Coast Guard is operating shall seek to enter into 

22 an arrangement with the National Academy of Sciences not 

23 later than 60 days after the date of the enactment of this 

24 Act under which the Academy shall prepare an assessment 

25 of Coast Guard authorities. 


kjohnson on DSK79L0C42 with BILLS
96 

•HR 3409 RH

1 (b) ASSESSMENT.—The assessment under subsection 

2 (a) shall provide— 

3 (1) an examination of emerging issues that may 

4 require Coast Guard oversight, regulation, or action; 

5 (2) a description of potential limitations and 

6 shortcomings of relying on current Coast Guard au7 thorities to address emerging issues; and 

8 (3) an overview of adjustments and additions 

9 that could be made to existing Coast Guard authori10 ties to fully address emerging issues. 

11 (c) REPORT TO THE CONGRESS.—Not later than 1 

12 year after entering into an arrangement with the Secretary 

13 under subsection (a), the National Academy of Sciences 

14 shall submit the assessment under this section to the Com15 mittee on Transportation and Infrastructure of the House 

16 of Representatives and the Committee on Commerce, 

17 Science, and Transportation of the Senate. 

18 (d) EMERGING ISSUES.—In this section, the term 

19 ‘‘emerging issues’’ means changes in the maritime industry 

20 and environment that in the determination of the National 

21 Academy of Sciences are reasonably likely to occur within 

22 10 years after the date of the enactment of this Act, includ23 ing— 

24 (1) the introduction of new technologies in the 

25 maritime domain; 


kjohnson on DSK79L0C42 with BILLS
97 

•HR 3409 RH

1 (2) the advent of new processes or operational 

2 activities in the maritime domain; and 

3 (3) changes in the use of navigable waterways. 

4 SEC. 406. CLOUD COMPUTING STRATEGY. 

5 Not later than 180 days after the date of the enactment 

6 of this Act, the Commandant of the Coast Guard shall sub7 mit to the Committee on Transportation and Infrastructure 

8 of the House of Representatives and the Committee on Com9 merce, Science, and Transportation of the Senate a detailed 

10 description of the Coast Guard’s strategy to implement 

11 cloud computing for the entire Coast Guard, including— 

12 (1) the goals and acquisition strategies for all 

13 proposed enterprise-wide cloud computing service pro14 curements; 

15 (2) a strategy to sustain competition and inno16 vation throughout the period of performance of each 

17 contract for procurement of cloud-computing goods 

18 and services for the Coast Guard, including defining 

19 opportunities for multiple cloud-service providers and 

20 insertion of new technologies; 

21 (3) an assessment of potential threats and secu22 rity vulnerabilities of the strategy, and plans to miti23 gate such risks; and 


kjohnson on DSK79L0C42 with BILLS
98 

•HR 3409 RH

1 (4) an estimate of the cost and timeline to imple2 ment cloud computing service for all Coast Guard 

3 computing. 

4 SEC. 407. REPORT ON EFFECTS OF CLIMATE CHANGE ON 

5 COAST GUARD. 

6 (a) IN GENERAL.—Not later than 1 year after the date 

7 of the enactment of this Act, the Commandant of the Coast 

8 Guard shall submit to the Committee on Transportation 

9 and Infrastructure of the House of Representatives and the 

10 Committee on Commerce, Science, and Transportation of 

11 the Senate a report on vulnerabilities of Coast Guard in12 stallations and requirements resulting from climate change 

13 over the next 20 years. 

14 (b) ELEMENTS.—The report under subsection (a) shall 

15 include the following: 

16 (1) A list of the 10 most vulnerable Coast Guard 

17 installations based on the effects of climate change, 

18 including rising sea tides, increased flooding, drought, 

19 desertification, wildfires, thawing permafrost, or any 

20 other categories the Commandant determines nec21 essary. 

22 (2) An overview of— 

23 (A) mitigations that may be necessary to 

24 ensure the continued operational viability and to 


kjohnson on DSK79L0C42 with BILLS
99 

•HR 3409 RH

1 increase the resiliency of the identified vulnerable 

2 installations; and 

3 (B) the cost of such mitigations. 

4 (3) A discussion of the climate-change-related ef5 fects on the Coast Guard, including— 

6 (A) the increase in the frequency of humani7 tarian assistance and disaster relief missions; 

8 and 

9 (B) campaign plans, contingency plans, 

10 and operational posture of the Coast Guard. 

11 (4) An overview of mitigations that may be nec12 essary to ensure mission resiliency and the cost of 

13 such mitigations. 

14 (c) FORM.—The report required under subsection (a) 

15 shall be submitted in unclassified form, but may contain 

16 a classified annex. 

17 SEC. 408. SHORE INFRASTRUCTURE. 

18 (a) IN GENERAL.—Not later than 1 year after the date 

19 of the enactment of this Act, the Commandant of the Coast 

20 Guard shall— 

21 (1) develop a plan to standardize Coast Guard 

22 facility condition assessments; 

23 (2) establish shore infrastructure performance 

24 goals, measures, and baselines to track the effectiveVerDate Sep 11 2014 01:14 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6203 E:\BILLS\H3409.RH H3409

kjohnson on DSK79L0C42 with BILLS
100 

•HR 3409 RH

1 ness of maintenance and repair investments and pro2 vide feedback on progress made; 

3 (3) develop a process to routinely align the Coast 

4 Guard shore infrastructure portfolio with mission 

5 needs, including disposing of unneeded assets; 

6 (4) establish guidance for planning boards to 

7 document inputs, deliberations, and project 

8 prioritization decisions for infrastructure mainte9 nance projects; 

10 (5) employ models for Coast Guard infrastruc11 ture asset lines for— 

12 (A) predicting the outcome of investments 

13 in shore infrastructure; 

14 (B) analyzing tradeoffs; and 

15 (C) optimizing decisions among competing 

16 investments; 

17 (6) include supporting details about competing 

18 project alternatives and report tradeoffs in congres19 sional budget requests and related reports; and 

20 (7) explore the development of real property 

21 management expertise within the Coast Guard work22 force, including members of the Senior Executive 

23 Service. 

24 (b) BRIEFING.—Not later than December 31, 2020, the 

25 Commandant of the Coast Guard shall brief the Committee 


kjohnson on DSK79L0C42 with BILLS
101 

•HR 3409 RH

1 on Transportation and Infrastructure of the House of Rep2 resentatives and the Committee on Commerce, Science, and 

3 Transportation of the Senate on the status of the actions 

4 required under subsection (a). 

5 SEC. 409. PHYSICAL ACCESS CONTROL SYSTEM REPORT. 

6 Not later 180 days after the date of the enactment of 

7 this Act and annually for each of the 4 years thereafter, 

8 the Commandant of the Coast Guard shall submit to the 

9 Committee on Transportation and Infrastructure of the 

10 House of Representatives and the Committee on Commerce, 

11 Science, and Transportation of the Senate a report regard12 ing the status of the Coast Guard’s compliance with Home13 land Security Presidential Directive 12 (HSPD–12) and 

14 Federal Information Processing Standard 201 (FIPS–201), 

15 including— 

16 (1) the status of Coast Guard efforts to field a 

17 comprehensive Physical Access Control System at 

18 Coast Guard installations and locations necessary to 

19 bring the Service into compliance with HSPD–12 

20 and FIPS–201B; 

21 (2) the status of the selection of a technological 

22 solution; 

23 (3) the estimated phases and timeframe to com24 plete the implementation of such a system; and 


kjohnson on DSK79L0C42 with BILLS
102 

•HR 3409 RH

1 (4) the estimated cost for each phase of the 

2 project. 

3 SEC. 410. COASTWISE ENDORSEMENTS. 

4 (a) ‘‘SAFARI VOYAGER’’.— 

5 (1) IN GENERAL.—Notwithstanding sections 

6 12112 and 12132 of title 46, United States Code, the 

7 Secretary of the department in which the Coast 

8 Guard is operating shall issue a certificate of docu9 mentation with a coastwise endorsement for the vessel 

10 Safari Voyager (International Maritime Organization 

11 number 8963753). 

12 (2) REVOCATION OF EFFECTIVENESS OF CERTIFI13 CATE.—A certificate of documentation issued under 

14 paragraph (1) is revoked on the date of the sale of the 

15 vessel or the entity that owns the vessel. 

16 (b) ‘‘PACIFIC PROVIDER’’.— 

17 (1) IN GENERAL.—Notwithstanding sections 

18 12112 and 12132 of title 46, United States Code, the 

19 Secretary of the department in which the Coast 

20 Guard is operating may issue a certificate of docu21 mentation with a coastwise endorsement for the vessel 

22 Pacific Provider (United States official number 

23 597967). 

24 (2) REVOCATION OF EFFECTIVENESS OF CERTIFI25 CATE.—A certificate of documentation issued under 


kjohnson on DSK79L0C42 with BILLS
103 

•HR 3409 RH

1 paragraph (1) is revoked on the date of the sale of the 

2 vessel or the entity that owns the vessel. 

3 (c) DOCUMENTATION OF LNG TANKERS.—Section 

4 7(b)(3) of the America’s Cup Act of 2011 (Public Law 112– 

5 61) is amended by— 

6 (1) striking ‘‘The coastwise endorsement issued’’ 

7 and inserting ‘‘No coastwise endorsement shall be 

8 issued’’; and 

9 (2) striking ‘‘shall expire on’’ and inserting 

10 ‘‘after’’. 

11 (d) REPLACEMENT VESSEL.—Notwithstanding section 

12 208(g)(5) of the American Fisheries Act (Public Law 105– 

13 277; 16 U.S.C. 1851 note), a vessel eligible under section 

14 208(e)(21) of such Act that is replaced under section 208(g) 

15 of such Act shall be subject to a sideboard restriction catch 

16 limit of zero metric tons in the Bering Sea and Aleutian 

17 Islands and in the Gulf of Alaska unless that vessel is also 

18 a replacement vessel under section 679.4(o)(4) of title 50, 

19 Code of Federal Regulations, in which case such vessel shall 

20 not be eligible to be a catcher/processor under section 

21 206(b)(2) of such Act. 

22 SEC. 411. POLAR SECURITY CUTTER ACQUISITION REPORT. 

23 Not later than one year after the date of the enactment 

24 of this Act, the Commandant of the Coast Guard shall sub25 mit a report to the Committees on Transportation and InVerDate Sep 11 2014 01:14 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6203 E:\BILLS\H3409.RH H3409

kjohnson on DSK79L0C42 with BILLS
104 

•HR 3409 RH

1 frastructure and Armed Services of the House of Represent2 atives, and the Committees on Commerce, Science and 

3 Transportation and Armed Services of the Senate on— 

4 (1) the extent to which specifications, key draw5 ings, and detail design for the Polar Security Cutter 

6 are complete before the start of construction; 

7 (2) the extent to which Polar Security Cutter 

8 hulls numbers one, two, and three are science ready; 

9 and 

10 (3) what actions will be taken to ensure that 

11 Polar Security Cutter hull number four is science ca12 pable, as described in the National Academies of 

13 Sciences, Engineering, and Medicine’s Committee on 

14 Polar Icebreaker Cost Assessment letter report entitled 

15 ‘‘Acquisition and Operation of Polar Icebreakers: Ful16 filling the Nation’s Needs’’ and dated July 11, 2017. 

17 SEC. 412. SENSE OF THE CONGRESS ON THE NEED FOR A 

18 NEW GREAT LAKES ICEBREAKER. 

19 (a) FINDINGS.—The Congress finds the following: 

20 (1) The Great Lakes shipping industry is crucial 

21 to the American economy, including the U.S. manu22 facturing base, providing important economic and 

23 national security benefits. 


kjohnson on DSK79L0C42 with BILLS
105 

•HR 3409 RH

1 (2) A recent study found that the Great Lakes 

2 shipping industry supports 237,000 jobs and tens of 

3 billions of dollars in economic activity. 

4 (3) United States Coast Guard icebreaking ca5 pacity is crucial to full utilization of the Great Lakes 

6 shipping system, as during the winter icebreaking 

7 season up to 15 percent of annual cargo loads are de8 livered and many industries would have to reduce 

9 their production if Coast Guard icebreaking services 

10 were not provided. 

11 (4) Six of the Coast Guard’s nine icebreaking 

12 cutters in the Great Lakes are more than 30 years old 

13 and are frequently inoperable during the winter 

14 icebreaking season, including those that have com15 pleted a recent service life extension program. 

16 (5) During the previous 10 winters, Coast Guard 

17 Great Lakes icebreaking cutters have been inoperable 

18 for an average of 65 cutter-days during the winter 

19 icebreaking season, with this annual lost capability 

20 exceeding 100 cutter-days, with a high of 246 cutter21 days during the winter of 2017–2018. 

22 (6) The 2019 ice season provides further proof 

23 that current Coast Guard icebreaking capacity is in24 adequate for the needs of the Great Lakes shipping in25 dustry, as only six of the nine icebreaking cutters are 


kjohnson on DSK79L0C42 with BILLS
106 

•HR 3409 RH

1 operational and millions of tons of cargo was not 

2 loaded or was delayed due to inadequate Coast Guard 

3 icebreaking assets during a historically average win4 ter for Great Lakes ice coverage. 

5 (7) The Congress has authorized the Coast Guard 

6 to acquire a new Great Lakes icebreaker as capable 

7 as Coast Guard Cutter MACKINAW (WLBB–30), the 

8 most capable Great Lakes icebreaker, and $10 million 

9 has been appropriated to fund the design and initial 

10 acquisition work for this icebreaker. 

11 (8) The Coast Guard has not initiated a new ac12 quisition program for this Great Lakes icebreaker. 

13 (b) SENSE OF THE CONGRESS.—It is the sense of the 

14 Congress of the United States that a new Coast Guard ice15 breaker as capable as Coast Guard Cutter MACKINAW 

16 (WLBB–30) is needed on the Great Lakes and the Coast 

17 Guard should acquire this icebreaker as soon as possible. 

18 SEC. 413. CARGO PREFERENCE STUDY. 

19 (a) IN GENERAL.—The Comptroller General of the 

20 United States shall conduct an audit regarding the enforce21 ment of the United States cargo preference program under 

22 section 55305 of title 46, United States Code. 

23 (b) SCOPE.—The audit conducted under subsection (a) 

24 shall include— 


kjohnson on DSK79L0C42 with BILLS
107 

•HR 3409 RH

1 (1) a description of the agencies and organiza2 tions required to comply with cargo preference re3 quirements; 

4 (2) an analysis of the compliance or noncompli5 ance of such agencies and organizations with such re6 quirements, including details of— 

7 (A) the total amount of international ocean8 going cargo shipped by each such agency and or9 ganization; and 

10 (B) the percentage of such cargo shipped on 

11 cargo preference-compliant vessels; and 

12 (3) an overview of enforcement activities under13 taken by the Maritime Administration from October 

14 14, 2008, until the date of the enactment of this Act, 

15 including a listing of all bills of lading collected by 

16 the Maritime Administration during that period. 

17 (c) REPORT.—Not later than one year after the date 

18 of enactment of this Act, the Comptroller General shall sub19 mit to the Committee on Transportation and Infrastructure 

20 of the House of Representatives and the Committee on Com21 merce, Science, and Transportation of the Senate a report 

22 detailing the results of the audit required under subsection 

23 (a) and providing recommendations related to such results. 


kjohnson on DSK79L0C42 with BILLS
108 

•HR 3409 RH

1 SEC. 414. INSIDER THREAT PROGRAM. 

2 Not later than 180 days after the date of the enactment 

3 of this Act, the Commandant of the Coast Guard shall brief 

4 the Committee on Transportation and Infrastructure of the 

5 House of Representatives and the Committee on Commerce, 

6 Science, and Transportation of the Senate on a plan to ex7 pand the Coast Guard Insider Threat program to include 

8 the monitoring of all Coast Guard devices, including mobile 

9 devices. 

10 SEC. 415. FISHING SAFETY GRANTS. 

11 The cap on the Federal share of the cost of any activity 

12 carried out with a grant under subsections (i) and (j) of 

13 section 4502 of title 46, United States Code, as in effect 

14 prior to the date of enactment of the Frank LoBiondo Coast 

15 Guard Authorization Act of 2018, shall apply to any funds 

16 appropriated under the Consolidated Appropriations Act, 

17 2017 (Public Law 115–31) for the purpose of making such 

18 grants. 

19 SEC. 416. PLANS FOR DEMONSTRATION PROGRAMS. 

20 (a) IN GENERAL.—The Commandant of the Coast 

21 Guard shall develop plans for demonstration programs that 

22 will assess the feasibility of using unmanned aircraft sys23 tems for surveillance of marine protected areas, the transit 

24 zone, and the Arctic to— 

25 (1) gather regular maritime domain awareness 

26 of such areas; 


kjohnson on DSK79L0C42 with BILLS
109 

•HR 3409 RH

1 (2) ensure sufficient response to illegal activities 

2 in marine protected areas, the transit zone, and the 

3 Arctic; and 

4 (3) collaborate with local, State, and Tribal au5 thorities and international partners for surveillance 

6 permissions over their waters. 

7 (b) REQUIREMENTS.—The plans required under sub8 section (a) shall include— 

9 (1) discussion of the feasibility, safety, and cost 

10 effectiveness of using unmanned aerial vehicles for the 

11 purposes of enhancing maritime domain awareness in 

12 marine protected areas; 

13 (2) coordination and communication plans to fa14 cilitate coordination with other relevant Federal, 

15 State, Tribal, and local agencies, and international 

16 partners; 

17 (3) consideration of the potential impacts of such 

18 a demonstration program on the Coast Guard’s exist19 ing unmanned vehicle programs; 

20 (4) an overview of areas that could be surveilled 

21 under such program; 

22 (5) a timeline and technical milestones for the 

23 implementation of such a program; 

24 (6) resource requirements to implement and sus25 tain such a program; and 


kjohnson on DSK79L0C42 with BILLS
110 

•HR 3409 RH

1 (7) the operational benefits of such a program. 

2 (c) REPORT.—Not later than one year after the date 

3 of the enactment of this Act, the Commandant shall brief 

4 the Committee on Transportation and Infrastructure of the 

5 House of Representatives and the Committee on Commerce, 

6 Science, and Transportation of the Senate on the plans re7 quired under subsection (a). 

8 (d) DEFINITIONS.—In this section: 

9 (1) ARCTIC.—The term ‘‘Arctic’’ has the mean10 ing given that term in section 112 of the Arctic Re11 search and Policy Act of 1984 (15 U.S.C. 4111). 

12 (2) MARINE PROTECTED AREA.—The term ‘‘ma13 rine protected area’’ means any discrete area of the 

14 marine environment under a Federal statute. 

15 (3) TRANSIT ZONE.—The term ‘‘transit zone’’ 

16 has the meaning given that term in section 

17 1092(a)(8) of the National Defense Authorization Act 

18 for Fiscal Year 2017 (6 U.S.C. 223(a)(8)). 

19 (4) UNMANNED AIRCRAFT SYSTEM.—The term 

20 ‘‘unmanned aircraft system’’ has the meaning given 

21 that term in section 331 of the FAA Modernization 

22 and Reform Act of 2012 (49 U.S.C. 40101 note). 


kjohnson on DSK79L0C42 with BILLS
111 

•HR 3409 RH

1 SEC. 417. WATERS DEEMED NOT NAVIGABLE WATERS OF 

2 THE UNITED STATES FOR CERTAIN PUR3 POSES. 

4 The Coalbank Slough in Coos Bay, Oregon, is deemed 

5 to not be navigable waters of the United States for all pur6 poses of subchapter J of Chapter I of title 33, Code of Fed7 eral Regulations. 

8 SEC. 418. COAST GUARD HOUSING; STATUS AND AUTHORI9 TIES BRIEFING. 

10 Not later than 180 days after the date of the enactment 

11 of this Act, the Commandant of the Coast Guard shall pro12 vide to the Committee on Transportation and Infrastruc13 ture of the House of Representatives and the Committee on 

14 Commerce, Science, and Transportation of the Senate a 

15 briefing on Coast Guard housing, including— 

16 (1) a description of the material condition of 

17 Coast Guard housing facilities; 

18 (2) the amount of current Coast Guard housing 

19 construction and deferred maintenance backlogs; 

20 (3) an overview of the manner in which the 

21 Coast Guard manages and maintains housing facili22 ties; 

23 (4) a discussion of whether reauthorizing housing 

24 authorities for the Coast Guard similar to those pro25 vided in section 208 of the Coast Guard Authorization 

26 Act of 1996 (Public Law 104–324); and 


kjohnson on DSK79L0C42 with BILLS
112 

•HR 3409 RH

1 (5) recommendations regarding how the Congress 

2 could adjust those authorities to prevent mismanage3 ment of Coast Guard housing facilities. 

4 SEC. 419. CONVEYANCE OF COAST GUARD PROPERTY AT 

5 POINT SPENCER, ALASKA. 

6 (1) Section 533 of the Coast Guard Authoriza7 tion Act of 2016 (Public Law 114–120) is amended 

8 by adding at the end the following: 

9 ‘‘(f) REMEDIAL ACTIONS.—For purposes of the trans10 fers under this section, the remedial actions required under 

11 section 120(h) of the Comprehensive Environmental Re12 sponse, Compensation, and Liability Act of 1980 (42 U.S.C. 

13 9620(h)) may be completed by the United States Coast 

14 Guard after the date of such transfer and a deed entered 

15 into for such transfer shall include a clause granting the 

16 United States Coast Guard access to the property in any 

17 case in which remedial action or corrective action is found 

18 to be necessary after the date of such transfer.’’. 

19 (2) Section 534(a) of the Coast Guard Authoriza20 tion Act of 2016 (Public Law 114–120) is amended 

21 by— 

22 (A) striking ‘‘Nothing’’ and inserting ‘‘After 

23 the date on which the Secretary of the Interior 

24 conveys land under section 533 of this Act, noth25 ing’’; and 


kjohnson on DSK79L0C42 with BILLS
113 

•HR 3409 RH

1 (B) by inserting ‘‘, with respect to contami2 nants on such land prior to the date on which 

3 the land is conveyed’’ before the period. 

4 SEC. 420. PROHIBITION. 

5 (a) IN GENERAL.—The Secretary of the department in 

6 which the Coast Guard is operating shall not establish an7 chorage grounds on the Hudson River between Yonkers, New 

8 York, and Kingston, New York, under section 7 of the Rivers 

9 and Harbors Appropriations Act of 1915 (33 U.S.C. 471) 

10 or chapter 700 of title 46, United States Code, in addition 

11 to any anchorage grounds in effect in such area on the date 

12 of the enactment of this Act. 

13 (b) RESTRICTION.—The Commandant may not estab14 lish or expand any anchorages outside of the reach on the 

15 Hudson River described in subsection (a) without first pro16 viding notice to the Committee on Transportation and In17 frastructure of the House of Representatives and the Com18 mittee on Commerce, Science, and Transportation of the 

19 Senate not later than 180 days prior to the establishment 

20 or expansion of any such anchorages. 

21 SEC. 421. CERTIFICATE EXTENSIONS. 

22 (a) IN GENERAL.—Subchapter I of chapter 121 of title 

23 46, United States Code, is amended by adding at the end 

24 the following: 


kjohnson on DSK79L0C42 with BILLS
114 

•HR 3409 RH

1 ‘‘§ 12108. Authority to extend the duration of vessel 

2 certificates 

3 ‘‘(a) CERTIFICATES.—Provided a vessel is in compli4 ance with inspection requirements in section 3313, the Sec5 retary of the Department in which in the Coast Guard is 

6 operating may, if he makes the determination described in 

7 subsection (b), extend for a period of not more than one 

8 year an expiring–— 

9 ‘‘(1) certificate of documentation issued for a 

10 vessel under chapter 121; or 

11 ‘‘(2) certificate of financial responsibility re12 quired for a vessel by section 1016(a) of the Oil Pollu13 tion Act of 1990 (33 U.S.C. 2716(a)) or Section 108 

14 of the Comprehensive Environmental Response, Com15 pensation, and Liability Act of 1980 (42 U.S.C. 

16 9608). 

17 ‘‘(b) DETERMINATION.—The determination referred to 

18 in subsection (a) is a determination that such extension is 

19 required to enable the Coast Guard to— 

20 ‘‘(1) eliminate a backlog in processing applica21 tions for such certificates; or 

22 ‘‘(2) act in response to a national emergency or 

23 natural disaster. 

24 ‘‘(c) MANNER OF EXTENSION.—Any extension granted 

25 under this section may be granted to individual vessels or 

26 to a specifically identified group of vessels.’’. 


kjohnson on DSK79L0C42 with BILLS
115 

•HR 3409 RH

1 (b) CLERICAL AMENDMENT.—The analysis for such 

2 subchapter is amended by adding at the end the following: 

‘‘12108. Authority to extend the duration of vessel certificates.’’. 

3 SEC. 422. HOMELAND SECURITY ROTATIONAL CYBERSECU4 RITY RESEARCH PROGRAM AT THE COAST 

5 GUARD ACADEMY. 

6 (a) IN GENERAL.—Subtitle E of title VIII of the 

7 Homeland Security Act of 2002 (6 U.S.C. 411 et seq.) is 

8 amended by adding at the end the following: 

9 ‘‘SEC. 846. ROTATIONAL CYBERSECURITY RESEARCH PRO10 GRAM. 

11 ‘‘To enhance the Department’s cybersecurity capacity, 

12 the Secretary may establish a rotational research, develop13 ment, and training program for— 

14 ‘‘(1) detail to the Cybersecurity and Infrastruc15 ture Security Agency (including the national cyberse16 curity and communications integration center author17 ized by section 2209) of Coast Guard Academy grad18 uates and faculty; and 

19 ‘‘(2) detail to the Coast Guard Academy, as fac20 ulty, of individuals with expertise and experience in 

21 cybersecurity who are employed by— 

22 ‘‘(A) the Agency (including the center); 

23 ‘‘(B) the Directorate of Science and Tech24 nology; or 


kjohnson on DSK79L0C42 with BILLS
116 

•HR 3409 RH

1 ‘‘(C) institutions that have been designated 

2 by the Department as a Center of Excellence for 

3 Cyber Defense, or the equivalent.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents in 

5 section 1(b) of such Act is amended by adding at the end 

6 of the items relating to such subtitle the following: 

‘‘Sec. 846. Rotational cybersecurity research program.’’. 

7 SEC. 423. TOWING VESSEL INSPECTION FEES. 

8 Notwithstanding section 9701 of title 31, United States 

9 Code, and section 2110 of title 46, United States Code, the 

10 Secretary of the department in which the Coast Guard is 

11 operating may not charge an inspection fee for towing ves12 sels required to have a Certificate of Inspection under sub13 chapter M of title 46, Code of Federal Regulations, until— 

14 (1) the completion of the review required under 

15 section 815 of the Frank LoBiondo Coast Guard Au16 thorization Act of 2018 (Public Law 115–282); and 

17 (2) the promulgation of regulations to establish 

18 specific inspection fees for such vessels. 

19 SEC. 424. SUBROGATED CLAIMS. 

20 (a) IN GENERAL.—Section 1012(b) of the Oil Pollution 

21 Act of 1990 (33 U.S.C. 2712(b)) is amended— 

22 (1) by striking ‘‘The’’ and inserting the fol23 lowing: 

24 ‘‘(1) IN GENERAL.—The’’; and 

25 (2) by adding at the end the following: 


kjohnson on DSK79L0C42 with BILLS
117 

•HR 3409 RH

1 ‘‘(2) SUBROGATED RIGHTS.—Except for a guar2 antor claim pursuant to a defense under section 

3 1016(f)(1), Fund compensation of any claim by an 

4 insurer or other indemnifier of a responsible party or 

5 injured third party is subject to the subrogated rights 

6 of that responsible party or injured third party to 

7 such compensation.’’. 

8 (b) EFFECTIVE DATE.—This section and the amend9 ments made by this section shall take effect 180 days after 

10 the date of enactment of this Act. 

11 SEC. 425. LOAN PROVISIONS UNDER OIL POLLUTION ACT 

12 OF 1990. 

13 (a) IN GENERAL.—Section 1013 of the Oil Pollution 

14 Act of 1990 (33 U.S.C. 2713) is amended by striking sub15 section (f). 

16 (b) CONFORMING AMENDMENTS.—Section 1012(a) of 

17 the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)) is amend18 ed— 

19 (1) in paragraph (4), by adding ‘‘and’’ after the 

20 semicolon at the end; 

21 (2) in paragraph (5)(D), by striking ‘‘; and’’ 

22 and inserting a period; and 

23 (3) by striking paragraph (6). 


kjohnson on DSK79L0C42 with BILLS
118 

•HR 3409 RH

1 SEC. 426. LIABILITY LIMITS. 

2 Section 1004(d)(2) of the Oil Pollution Act of 1990 (33 

3 U.S.C. 2704(d)(2)) is amended to read as follows: 

4 ‘‘(2) DEEPWATER PORTS AND ASSOCIATED VES5 SELS.— 

6 ‘‘(A) IN GENERAL.—If the Secretary deter7 mines that the design and operation of a deep8 water port results in a lower risk of oil pollution 

9 than the design and operation of such deepwater 

10 ports as existed on the date of the enactment of 

11 the Coast Guard Authorization Act of 2019, the 

12 Secretary may initiate a rulemaking proceeding 

13 to lower the limitation of liability under sub14 section (a)(4) for such deepwater port and each 

15 other deepwater port which achieves such lower 

16 risk level through such port’s design and oper17 ation. 

18 ‘‘(B) RISK DETERMINATION.—In deter19 mining the risk of oil pollution, the Secretary 

20 shall take into account, as applicable— 

21 ‘‘(i) the size of the deepwater ports and 

22 associated vessels; 

23 ‘‘(ii) oil storage capacity of the deep24 water ports and associated vessels; 

25 ‘‘(iii) oil handling capacity of the 

26 deepwater ports and associated vessels; 


kjohnson on DSK79L0C42 with BILLS
119 

•HR 3409 RH

1 ‘‘(iv) oil throughput; 

2 ‘‘(v) proximity to sensitive areas; 

3 ‘‘(vi) type of oil handled; 

4 ‘‘(vii) history of oil discharges; and 

5 ‘‘(viii) such other factors relevant to 

6 the oil pollution risks posed by the class or 

7 category of deepwater port and associated 

8 vessels as the Secretary determines appro9 priate. 

10 ‘‘(C) LIMIT OF LIABILITY; TRANSPORTATION

11 OF OIL.—For deepwater ports used in connection 

12 with the transportation of oil, the Secretary may 

13 establish a limitation of liability under subpara14 graph (A) of not more than $350,000,000 and 

15 not less than $50,000,000. 

16 ‘‘(D) LIMIT OF LIABILITY; TRANSPORTATION

17 OF NATURAL GAS.—For deepwater ports used in 

18 connection with the transportation of natural 

19 gas, the Secretary may establish a limitation of 

20 liability under subparagraph (A) of not more 

21 than $350,000,000 and not less than 

22 $1,000,000.’’. 


kjohnson on DSK79L0C42 with BILLS
120 

•HR 3409 RH

1 SEC. 427. REPORT ON DRUG INTERDICTION IN THE CARIB2 BEAN BASIN. 

3 (a) REPORT.—Not later than 180 days after the date 

4 of enactment of this Act, the Commandant of the Coast 

5 Guard shall submit to the Committee on Transportation 

6 and Infrastructure of the House of Representatives and the 

7 Committee on Commerce, Science, and Transportation of 

8 the Senate a report on drug interdiction in the Caribbean 

9 basin. 

10 (b) CONTENT.—Such report shall include— 

11 (1) a statement of the Coast Guard mission re12 quirements for drug interdiction in the Caribbean 

13 basin; 

14 (2) the number of maritime surveillance hours 

15 and Coast Guard assets used in each of fiscal years 

16 2017 through 2019 to counter the illicit trafficking of 

17 drugs and other related threats throughout the Carib18 bean basin; and 

19 (3) a determination of whether such hours and 

20 assets satisfied the Coast Guard mission requirements 

21 for drug interdiction in the Caribbean basin. 

22 SEC. 428. VOTING REQUIREMENT. 

23 Section 305(i)(1)(G)(iv) of the Magnuson-Stevens 

24 Fishery Conservation and Management Act (16 U.S.C. 

25 1855(i)(1)(G)(iv)) is amended to read as follows: 


kjohnson on DSK79L0C42 with BILLS
121 

•HR 3409 RH

1 ‘‘(iv) VOTING REQUIREMENT.—The 

2 panel may act only by the affirmative vote 

3 of at least five of its members.’’. 

4 TITLE V—REORGANIZATION 

5 SEC. 501. UNINSPECTED COMMERCIAL FISHING INDUSTRY 

6 VESSELS. 

7 (a) IN GENERAL.—Subtitle II of title 46, United 

8 States Code, is amended by striking chapter 45 and insert9 ing the following: 

10 ‘‘CHAPTER 45—UNINSPECTED 

11 COMMERCIAL INDUSTRY VESSELS 

‘‘Sec. 

‘‘4501. Application. 

‘‘4502. Definitions. 

‘‘4503. Safety standards. 

‘‘4504. Vessel construction. 

‘‘4505. Operating stability. 

‘‘4506. Training. 

‘‘4507. Vessel certification. 

‘‘4508. Alternate safety compliance program. 

‘‘4509. Substitute safety compliance program. 

‘‘4510. Enhanced substitute safety compliance program. 

‘‘4511. Prohibited acts. 

‘‘4512. Termination of unsafe operations. 

‘‘4513. Penalties. 

‘‘4514. Compliance; Secretary actions. 

‘‘4515. Exemptions. 

‘‘4516. Regulations; considerations and limitations. 

‘‘4517. Fishing safety grants. 

12 ‘‘§ 4501. Application 

13 ‘‘(a) IN GENERAL.—Except as provided in subsection 

14 (b), this chapter applies to an uninspected vessel that is 

15 a fishing vessel, fish processing vessel, or fish tender vessel. 


kjohnson on DSK79L0C42 with BILLS
122 

•HR 3409 RH

1 ‘‘(b) CARRIAGE OF BULK DANGEROUS CARGOES.— 

2 This chapter does not apply to the carriage of bulk dan3 gerous cargoes regulated under chapter 37. 

4 ‘‘§ 4502. Definitions 

5 ‘‘In this chapter: 

6 ‘‘(1) The term ‘accountable vessel’ means a vessel 

7 to which this chapter applies that— 

8 ‘‘(A)(i) was built after December 31, 1988, 

9 or undergoes a major conversion completed after 

10 that date; and 

11 ‘‘(ii) operates with more than 16 individ12 uals on board; or 

13 ‘‘(B) in the case of a fish tender vessel, en14 gages in the Aleutian trade. 

15 ‘‘(2) The term ‘auxiliary craft’ means a vessel 

16 that is carried onboard a fishing vessel and is nor17 mally used to support fishing operations. 

18 ‘‘(3)(A) The term ‘built’ means, with respect to 

19 a vessel, that the vessel’s construction has reached any 

20 of the following stages: 

21 ‘‘(i) The vessel’s keel is laid. 

22 ‘‘(ii) Construction identifiable with the ves23 sel has begun and assembly of that vessel has 

24 commenced comprising of at least 50 metric tons 


kjohnson on DSK79L0C42 with BILLS
123 

•HR 3409 RH

1 or one percent of the estimated mass of all struc2 tural material, whichever is less. 

3 ‘‘(B) In the case of a vessel greater than 79 feet 

4 in overall length, for purposes of subparagraph (A)(i), 

5 a keel is deemed to be laid when a marine surveyor 

6 affirms that a structure adequate for serving as a keel 

7 for such vessel is in place and identified for use in 

8 the construction of such vessel. 

9 ‘‘(4) The term ‘subject vessel’ means a vessel to 

10 which this chapter applies that— 

11 ‘‘(A) operates beyond 3 nautical miles from 

12 the baseline from which the territorial sea of the 

13 United States is measured or beyond 3 nautical 

14 miles from the coastline of the Great Lakes; 

15 ‘‘(B) operates with more than 16 individ16 uals on board; or 

17 ‘‘(C) in the case of a fish tender vessel, en18 gages in the Aleutian trade. 

19 ‘‘(5) The term ‘substitute-eligible vessel’ means a 

20 fishing vessel or fish tender vessel that is— 

21 ‘‘(A) a subject vessel; 

22 ‘‘(B) at least 50 feet overall in length, and 

23 not more than 180 feet overall in length as listed 

24 on the vessel’s certificate of documentation or 

25 certificate of number; and 


kjohnson on DSK79L0C42 with BILLS
124 

•HR 3409 RH

1 ‘‘(C) built after February 8, 2016. 

2 ‘‘§ 4503. Safety standards 

3 ‘‘(a) IN GENERAL.—The Secretary shall prescribe reg4 ulations that require that each vessel to which this chapter 

5 applies shall be equipped with— 

6 ‘‘(1) readily accessible fire extinguishers capable 

7 of promptly and effectively extinguishing a flammable 

8 or combustible liquid fuel fire; 

9 ‘‘(2) at least one readily accessible life preserver 

10 or other lifesaving device for each individual on 

11 board; 

12 ‘‘(3) an efficient flame arrestor, backfire trap, or 

13 other similar device on the carburetors of each in14 board engine that uses gasoline as fuel; 

15 ‘‘(4) the means to properly and efficiently venti16 late enclosed spaces, including engine and fuel tank 

17 compartments, so as to remove explosive or flammable 

18 gases; 

19 ‘‘(5) visual distress signals; 

20 ‘‘(6) other equipment required to minimize the 

21 risk of injury to the crew during vessel operations, if 

22 the Secretary determines that a risk of serious injury 

23 exists that can be eliminated or mitigated by that 

24 equipment; and 


kjohnson on DSK79L0C42 with BILLS
125 

•HR 3409 RH

1 ‘‘(7) a placard as required by regulations pre2 scribed under section 10603(b). 

3 ‘‘(b) SUBJECT VESSELS.—In addition to the require4 ments of subsection (a), the Secretary shall prescribe regula5 tions requiring that subject vessels install, maintain, and 

6 use the following equipment: 

7 ‘‘(1) Alerting and locating equipment, including 

8 emergency position indicating radio beacons. 

9 ‘‘(2)(A) Subject to subparagraph (B), a survival 

10 craft that— 

11 ‘‘(i) ensures that no part of an individual 

12 is immersed in water; and 

13 ‘‘(ii) is sufficient to accommodate all indi14 viduals on board. 

15 ‘‘(B) Except for a nonapplicable vessel, an auxil16 iary craft shall satisfy the equipment requirement 

17 under paragraph (2)(B) if such craft is— 

18 ‘‘(i) necessary for normal fishing oper19 ations; 

20 ‘‘(ii) readily accessible during an emer21 gency; and 

22 ‘‘(iii) capable, in accordance with the Coast 

23 Guard capacity rating, when applicable, of safe24 ly holding all individuals on board the vessel to 

25 which the craft functions as an auxiliary. 


kjohnson on DSK79L0C42 with BILLS
126 

•HR 3409 RH

1 ‘‘(3) At least one readily accessible immersion 

2 suit for each individual on board the vessel when op3 erating on the waters described in section 3102. 

4 ‘‘(4) Marine radio communications equipment 

5 sufficient to effectively communicate with a land6 based search and rescue facility. 

7 ‘‘(5) Navigation equipment, including compasses, 

8 nautical charts, and publications. 

9 ‘‘(6) First aid equipment and medical supplies 

10 sufficient for the size and area of operation of the ves11 sel. 

12 ‘‘(7) Ground tackle sufficient for the vessel. 

13 ‘‘(c) ACCOUNTABLE VESSELS.—In addition to the re14 quirements described in subsections (a) and (b), the Sec15 retary may prescribe regulations establishing minimum 

16 safety standards for accountable vessels, including stand17 ards relating to— 

18 ‘‘(1) navigation equipment, including radars 

19 and fathometers; 

20 ‘‘(2) lifesaving equipment, immersion suits, sig21 naling devices, bilge pumps, bilge alarms, life rails, 

22 and grab rails; 

23 ‘‘(3) fire protection and firefighting equipment, 

24 including fire alarms and portable and semiportable 

25 fire extinguishing equipment; 


kjohnson on DSK79L0C42 with BILLS
127 

•HR 3409 RH

1 ‘‘(4) use and installation of insulation material; 

2 ‘‘(5) storage methods for flammable or combus3 tible material; and 

4 ‘‘(6) fuel, ventilation, and electrical systems. 

5 ‘‘§ 4504. Vessel construction 

6 ‘‘A vessel to which this chapter applies shall be con7 structed in a manner that provides a level of safety equiva8 lent to the minimum safety standards the Secretary may 

9 establish for recreational vessels under section 4302, if the 

10 vessel is— 

11 ‘‘(1) a subject vessel; 

12 ‘‘(2) less than 50 feet overall in length; and 

13 ‘‘(3) built after January 1, 2010. 

14 ‘‘§ 4505. Operating stability 

15 ‘‘(a) REGULATIONS.—The Secretary shall prescribe 

16 regulations for the operating stability of a vessel to which 

17 this chapter applies— 

18 ‘‘(1) that was built after December 31, 1989; or 

19 ‘‘(2) the physical characteristics of which are 

20 substantially altered after December 31, 1989, in a 

21 manner that affects the vessel’s operating stability. 

22 ‘‘(b) EVIDENCE OF COMPLIANCE.—The Secretary may 

23 accept, as evidence of compliance with this section, a certifi24 cation of compliance issued by the person providing insurVerDate Sep 11 2014 01:14 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6203 E:\BILLS\H3409.RH H3409

kjohnson on DSK79L0C42 with BILLS
128 

•HR 3409 RH

1 ance for the vessel or by another qualified person approved 

2 by the Secretary. 

3 ‘‘§ 4506. Training 

4 ‘‘(a) IN GENERAL.—The individual in charge of a sub5 ject vessel must pass a training program approved by the 

6 Secretary that meets the requirements of subsection (b) and 

7 hold a valid certificate issued under that program. 

8 ‘‘(b) TRAINING PROGRAM REQUIREMENTS.—The 

9 training program shall— 

10 ‘‘(1) be based on professional knowledge and skill 

11 obtained through sea service and hands-on training, 

12 including training in seamanship, stability, collision 

13 prevention, navigation, firefighting and prevention, 

14 damage control, personal survival, emergency medical 

15 care, emergency drills, and weather; 

16 ‘‘(2) require an individual to demonstrate ability 

17 to communicate in an emergency situation and un18 derstand information found in navigation publica19 tions; 

20 ‘‘(3) recognize and give credit for recent past ex21 perience in fishing vessel operation; and 

22 ‘‘(4) provide for issuance of a certificate to an 

23 individual who has successfully completed the pro24 gram. 


kjohnson on DSK79L0C42 with BILLS
129 

•HR 3409 RH

1 ‘‘(c) REGULATIONS.—The Secretary shall prescribe 

2 regulations implementing this section. The regulations shall 

3 require that an individual who is issued a certificate under 

4 subsection (b)(4) must complete refresher training at least 

5 once every 5 years as a condition of maintaining the valid6 ity of the certificate. 

7 ‘‘(d) ELECTRONIC DATABASE.—The Secretary shall es8 tablish an electronic database listing the names of individ9 uals who have participated in and received a certificate 

10 confirming successful completion of a training program ap11 proved by the Secretary under this section. 

12 ‘‘§ 4507. Vessel certification 

13 ‘‘(a) IN GENERAL.—A vessel to which this section ap14 plies may not be operated unless the vessel— 

15 ‘‘(1) meets all survey and classification require16 ments prescribed by the American Bureau of Ship17 ping or another similarly qualified organization ap18 proved by the Secretary; and 

19 ‘‘(2) has on board a certificate issued by the 

20 American Bureau of Shipping or such other organiza21 tion evidencing compliance with this subsection. 

22 ‘‘(b) APPLICATION.— 

23 ‘‘(1) Except as provided in section 4509, this sec24 tion applies to a fish processing vessel to which this 

25 chapter applies that— 


kjohnson on DSK79L0C42 with BILLS
130 

•HR 3409 RH

1 ‘‘(A) is built after July 27, 1990; or 

2 ‘‘(B) undergoes a major conversion com3 pleted after that date. 

4 ‘‘(2)(A) Except as provided in subparagraph 

5 (B), this section applies to a subject vessel that is at 

6 least 50 feet overall in length and is built after July 

7 1, 2013. 

8 ‘‘(B) This section does not apply to a substitute9 eligible vessel if such vessel complies with— 

10 ‘‘(i) the substitute safety compliance pro11 gram established under section 4509; or 

12 ‘‘(ii) the enhanced substitute safety compli13 ance program established by the Secretary under 

14 section 4510. 

15 ‘‘§ 4508. Alternate safety compliance program 

16 ‘‘(a) IN GENERAL.— 

17 ‘‘(1) The Secretary shall establish an alternate 

18 safety compliance program developed in coordination 

19 with the commercial fishing industry. 

20 ‘‘(2) The program established under paragraph 

21 (1) may include requirements for— 

22 ‘‘(A) a specific region or fishery (or both); 

23 and 

24 ‘‘(B) any combination of regions or fisheries 

25 (or both). 


kjohnson on DSK79L0C42 with BILLS
131 

•HR 3409 RH

1 ‘‘(b) VESSELS REQUIRED TO COMPLY.—Beginning on 

2 the date that is 3 years after the date the Secretary pre3 scribes an alternate safety compliance program, the fol4 lowing vessels shall comply with such program: 

5 ‘‘(1) A subject vessel that is— 

6 ‘‘(A) at least 50 feet overall in length; 

7 ‘‘(B) built before July 1, 2013; and 

8 ‘‘(C) 25 years of age or older. 

9 ‘‘(2) A fishing vessel, fish processing vessel, or 

10 fish tender vessel built before July 1, 2013, that un11 dergoes a major conversion completed after the date 

12 the Secretary prescribes an alternate safety compli13 ance program. 

14 ‘‘(c) EXEMPT VESSELS.— 

15 ‘‘(1) Notwithstanding subsection (b), vessels 

16 owned by a person that owns more than 30 vessels 

17 subject to that subsection are not required to comply 

18 with alternate safety compliance program require19 ments until January 1, 2030, if that owner— 

20 ‘‘(A) enters into a compliance agreement 

21 with the Secretary that provides for a fixed 

22 schedule for all such vessels owned by that person 

23 to meet requirements of such paragraph by such 

24 date; and 

25 ‘‘(B) is meeting such schedule. 


kjohnson on DSK79L0C42 with BILLS
132 

•HR 3409 RH

1 ‘‘(2) A subject vessel that was classed before July 

2 1, 2012, is exempt from the requirements of this sec3 tion if such vessel— 

4 ‘‘(A) remains subject to the requirements of 

5 a classification society approved by the Sec6 retary; and 

7 ‘‘(B) has on board a certificate from that 

8 society. 

9 ‘‘§ 4509. Substitute safety compliance program 

10 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

11 substitute safety compliance program for substitute-eligible 

12 vessels that includes the following requirements: 

13 ‘‘(1) A substitute-eligible vessel shall be designed 

14 by an individual licensed by a State as a naval ar15 chitect or marine engineer, and the design shall incor16 porate standards equivalent to those prescribed by a 

17 classification society to which the Secretary has dele18 gated authority under section 3316 or another quali19 fied organization approved by the Secretary for pur20 poses of this paragraph. 

21 ‘‘(2) Construction of a substitute-eligible vessel 

22 shall be overseen and certified as being in accordance 

23 with its design by a marine surveyor of an organiza24 tion accepted by the Secretary. 

25 ‘‘(3) A substitute-eligible vessel shall— 


kjohnson on DSK79L0C42 with BILLS
133 

•HR 3409 RH

1 ‘‘(A) complete a stability test performed by 

2 a qualified individual; 

3 ‘‘(B) have written stability and loading in4 structions from a qualified individual that are 

5 provided to the owner or operator; and 

6 ‘‘(C) have an assigned loading mark. 

7 ‘‘(4) A substitute-eligible vessel shall not be sub8 stantially altered without the review and approval of 

9 an individual licensed by a State as a naval architect 

10 or marine engineer before the beginning of such sub11 stantial alteration. 

12 ‘‘(5) A substitute-eligible vessel shall undergo a 

13 condition survey at least twice in 5 years, with not 

14 more than 3 years between surveys, to the satisfaction 

15 of a marine surveyor of an organization accepted by 

16 the Secretary. 

17 ‘‘(6) A substitute-eligible vessel shall undergo an 

18 out-of-water survey at least once every 5 years to the 

19 satisfaction of a certified marine surveyor of an orga20 nization accepted by the Secretary. 

21 ‘‘(7) Once every 5 years, and at the time of a 

22 substantial alteration to a substitute-eligible vessel, 

23 compliance of the vessel with the requirements of 

24 paragraph (3) is reviewed and updated as necessary. 


kjohnson on DSK79L0C42 with BILLS
134 

•HR 3409 RH

1 ‘‘(8) For the life of a substitute-eligible vessel, the 

2 owner of the vessel shall maintain records to dem3 onstrate compliance with this subsection and make 

4 such records readily available for inspection by an of5 ficial authorized to enforce this chapter. 

6 ‘‘(b) COMPLIANCE.—Section 4507 of this title shall not 

7 apply to a substitute-eligible vessel that complies with the 

8 requirements of the program established under this section. 

9 ‘‘(c) REPORT.—Not later than February 8, 2026, the 

10 Secretary shall submit to the Committee on Transportation 

11 and Infrastructure of the House of Representatives and the 

12 Committee on Commerce, Science, and Transportation of 

13 the Senate a report that provides an analysis of the ade14 quacy of the substitute safety compliance program require15 ments established under subsection (a) in maintaining the 

16 safety of substitute-eligible fishing vessels and fish tender 

17 vessels and that comply with such requirements. 

18 ‘‘§ 4510. Enhanced substitute safety compliance pro19 gram 

20 ‘‘(a) IN GENERAL.—If the report required under sec21 tion 4509(c) includes a determination that the substitute 

22 safety compliance program established under section 

23 4509(a) is not adequate or that additional safety measures 

24 are necessary, then the Secretary may establish an enhanced 

25 substitute safety compliance program for fishing vessels or 


kjohnson on DSK79L0C42 with BILLS
135 

•HR 3409 RH

1 fish tender vessels (or both) that are substitute-eligible ves2 sels and that comply with the requirements of section 4509. 

3 ‘‘(b) REQUIREMENTS.—The enhanced substitute safety 

4 compliance program established under this subsection shall 

5 include requirements for— 

6 ‘‘(1) vessel construction; 

7 ‘‘(2) a vessel stability test; 

8 ‘‘(3) vessel stability and loading instructions; 

9 ‘‘(4) an assigned vessel loading mark; 

10 ‘‘(5) a vessel condition survey at least twice in 

11 5 years, not more than 3 years apart; 

12 ‘‘(6) an out-of-water vessel survey at least once 

13 every 5 years; 

14 ‘‘(7) maintenance of records to demonstrate com15 pliance with the program, and the availability of 

16 such records for inspection; and 

17 ‘‘(8) such other aspects of vessel safety as the Sec18 retary considers appropriate. 

19 ‘‘(c) COMPLIANCE.—Section 4507 shall not apply to a 

20 substitute-eligible vessel that complies with the requirements 

21 of the program established under this section. 

22 ‘‘§ 4511. Prohibited acts 

23 ‘‘A person may not operate a vessel in violation of this 

24 chapter or a regulation prescribed under this chapter. 


kjohnson on DSK79L0C42 with BILLS
136 

•HR 3409 RH

1 ‘‘§ 4512. Termination of unsafe operations 

2 ‘‘An official authorized to enforce this chapter— 

3 ‘‘(1) may direct the individual in charge of a 

4 vessel to which this chapter applies to immediately 

5 take reasonable steps necessary for the safety of indi6 viduals on board the vessel if the official observes the 

7 vessel being operated in an unsafe condition that the 

8 official believes creates an especially hazardous condi9 tion, including ordering the individual in charge to 

10 return the vessel to a mooring and to remain there 

11 until the situation creating the hazard is corrected or 

12 ended; and 

13 ‘‘(2) may order the individual in charge of an 

14 uninspected fish processing vessel that does not have 

15 on board the certificate required under section 4507 

16 to return the vessel to a mooring and to remain there 

17 until the vessel is in compliance with such section, 

18 unless the vessel is required to comply with section 

19 4508. 

20 ‘‘§ 4513. Penalties 

21 ‘‘(a) CIVIL PENALTY.—The owner, charterer, man22 aging operator, agent, master, and individual in charge of 

23 a vessel to which this chapter applies that is operated in 

24 violation of this chapter or a regulation prescribed under 

25 this chapter may each be assessed a civil penalty by the 

26 Secretary of not more than $10,260. Any vessel with respect 


kjohnson on DSK79L0C42 with BILLS
137 

•HR 3409 RH

1 to which a penalty is assessed under this subsection is liable 

2 in rem for the penalty. 

3 ‘‘(b) CRIMINAL PENALTIES.—An individual willfully 

4 violating this chapter or a regulation prescribed under this 

5 chapter shall be fined not more than $5,000, imprisoned 

6 for not more than one year, or both. 

7 ‘‘§ 4514. Compliance; Secretary actions 

8 ‘‘To ensure compliance with the requirements of this 

9 chapter, the Secretary— 

10 ‘‘(1) shall require the individual in charge of a 

11 subject vessel to keep a record of equipment mainte12 nance and required instruction and drills; 

13 ‘‘(2) shall examine at dockside a subject vessel at 

14 least once every 5 years, but may require an exam at 

15 dockside every 2 years for certain subject vessels if re16 quested by the owner or operator; and 

17 ‘‘(3) shall issue a certificate of compliance to a 

18 vessel meeting the requirements of this chapter and 

19 satisfying the requirements of paragraph (2). 

20 ‘‘§ 4515. Exemptions 

21 ‘‘The Secretary may exempt a vessel from any part 

22 of this chapter if, under regulations prescribed by the Sec23 retary (including regulations on special operating condi24 tions), the Secretary finds that— 


kjohnson on DSK79L0C42 with BILLS
138 

•HR 3409 RH

1 ‘‘(1) good cause exists for granting an exemption; 

2 and 

3 ‘‘(2) the safety of the vessel and those on board 

4 will not be adversely affected. 

5 ‘‘§ 4516. Regulations; considerations and limitations 

6 ‘‘In prescribing a regulation under this chapter, the 

7 Secretary— 

8 ‘‘(1) shall consider the specialized nature and ec9 onomics of the operations and the character, design, 

10 and construction of the vessel; and 

11 ‘‘(2) may not require the alteration of a vessel or 

12 associated equipment that was constructed or manu13 factured before the effective date of such regulation. 

14 ‘‘§ 4517. Fishing safety grants 

15 ‘‘(a) SAFETY TRAINING GRANTS.— 

16 ‘‘(1) ESTABLISHMENT.—The Secretary of Health 

17 and Human Services shall establish a Fishing Safety 

18 Training Grant Program to provide funding to mu19 nicipalities, port authorities, other appropriate public 

20 entities, not-for-profit organizations, and other quali21 fied persons that provide commercial fishing safety 

22 training. 

23 ‘‘(2) USE OF FUNDS.—Entities receiving funds 

24 under this section may use such funds— 


kjohnson on DSK79L0C42 with BILLS
139 

•HR 3409 RH

1 ‘‘(A) to conduct fishing vessel safety train2 ing for vessel operators and crewmembers that— 

3 ‘‘(i) in the case of vessel operators, 

4 meets the requirements of section 4506; and 

5 ‘‘(ii) in the case of crewmembers, meets 

6 the requirements of sections 4506(b)(1), 

7 4506(b)(4), 4506(c), and 4506(d), and such 

8 requirements of section 4506(b)(2) as are 

9 appropriate for crewmembers; and 

10 ‘‘(B) for purchase of safety equipment and 

11 training aids for use in such fishing vessel safety 

12 training programs. 

13 ‘‘(3) AWARD CRITERIA.—The Secretary of Health 

14 and Human Services, in consultation with and based 

15 on criteria established by the Commandant of the 

16 Coast Guard, shall award grants under this sub17 section on a competitive basis. 

18 ‘‘(4) LIMITATION ON FEDERAL SHARE OF

19 COST.—The Federal share of the cost of any activity 

20 carried out with a grant under this subsection shall 

21 not exceed 50 percent. 

22 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated $3,000,000 for 

24 each of fiscal years 2020 and 2021 for grants under 

25 this subsection. 


kjohnson on DSK79L0C42 with BILLS
140 

•HR 3409 RH

1 ‘‘(b) RESEARCH GRANT PROGRAM.— 

2 ‘‘(1) ESTABLISHMENT.—The Secretary of Health 

3 and Human Services shall establish a Fishing Safety 

4 Research Grant Program to provide funding to indi5 viduals in academia, not-for-profit organizations, 

6 businesses involved in fishing and maritime matters, 

7 and other persons with expertise in fishing safety, to 

8 conduct research on methods of improving the safety 

9 of the commercial fishing industry, including vessel 

10 design, emergency and survival equipment, enhance11 ment of vessel monitoring systems, communications 

12 devices, de-icing technology, and severe weather detec13 tion. 

14 ‘‘(2) AWARD CRITERIA.—The Secretary of Health 

15 and Human Services, in consultation with and based 

16 on criteria established by the Commandant of the 

17 Coast Guard, shall award grants under this sub18 section on a competitive basis. 

19 ‘‘(3) LIMITATION ON FEDERAL SHARE OF

20 COST.—The Federal share of the cost of any activity 

21 carried out with a grant under this subsection shall 

22 not exceed 50 percent. 

23 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated $3,000,000 for 


kjohnson on DSK79L0C42 with BILLS
141 

•HR 3409 RH

1 each fiscal year 2020 and 2021 for activities under 

2 this subsection.’’. 

3 (b) CONFORMING AMENDMENT.—Section 3104(d) of 

4 title 46, United States Code, is amended by striking ‘‘under 

5 section 4503(d)’’ and inserting ‘‘under section 4502(3)’’. 

6 (c) SAFETY STANDARDS.—Not later than 90 days after 

7 the date of the enactment of this Act, and without regard 

8 to the provisions of chapters 5 and 6 of title 5, United 

9 States Code, the Secretary of the department in which the 

10 Coast Guard is operating shall promulgate the regulations 

11 required by section 4503(b) of title 46, United States Code, 

12 as amended by this section. 

13 SEC. 502. TRANSFERS. 

14 (a) TRANSFERS OF PROVISIONS.— 

15 (1) IN GENERAL.— 

16 (A) Section 215 of the Coast Guard and 

17 Maritime Transportation Act of 2004 (Public 

18 Law 108–293; 14 U.S.C. 504 note) is redesig19 nated as section 321 of title 14, United States 

20 Code, transferred to appear after section 320 of 

21 that title, and amended so that the enumerator, 

22 section heading, typeface, and typestyle conform 

23 to those appearing in other sections in title 14, 

24 United States Code. 


kjohnson on DSK79L0C42 with BILLS
142 

•HR 3409 RH

1 (B) Section 406 of the Maritime Transpor2 tation Security Act of 2002 (Public Law (107– 

3 295; 14 U.S.C. 501 note) is redesignated as sec4 tion 719 of title 14, United States Code, trans5 ferred to appear after section 718 of that title, 

6 and amended so that the enumerator, section 

7 heading, typeface, and typestyle conform to those 

8 appearing in other sections in title 14, United 

9 States Code. 

10 (C) Section 1110 of title 14, United States 

11 Code, is redesignated as section 5110 of that 

12 title, and transferred to appear after section 

13 5109 of that title. 

14 (D) ELEVATION OF DISPUTES TO THE

15 CHIEF ACQUISITION OFFICER.— 

16 (i) Section 401 of the Coast Guard Au17 thorization Act of 2010 (Public Law 111– 

18 281) is amended by striking subsection (e). 

19 (ii) Subchapter I of chapter 11 of title 

20 14, United States Code, as amended by this 

21 Act, is amended by adding at the end the 

22 following: 


kjohnson on DSK79L0C42 with BILLS
143 

•HR 3409 RH

1 ‘‘§ 1110. Elevation of Disputes to the Chief Acquisition 

2 Officer 

3 ‘‘If, after 90 days following the elevation to the Chief 

4 Acquisition Officer of any design or other dispute regarding 

5 level 1 or level 2 acquisition, the dispute remains unre6 solved, the Commandant shall provide to the appropriate 

7 congressional committees a detailed description of the issue 

8 and the rationale underlying the decision taken by the Chief 

9 Acquisition Officer to resolve the issue.’’. 

10 (E) Section 217 of the Coast Guard Author11 ization Act of 2010 (Public Law 111–281; 14 

12 U.S.C. 504 note)— 

13 (i) is redesignated as section 5111 of 

14 title 14, United States Code, transferred to 

15 appear after section 5110 of that title, and 

16 amended so that the enumerator, section 

17 heading, typeface, and typestyle conform to 

18 those appearing in other sections in title 14, 

19 United States Code; and 

20 (ii) is amended— 

21 (I) by striking the heading and 

22 inserting the following: 

23 ‘‘§ 5111. Sexual assault and sexual harassment in the 

24 Coast Guard’’; and 

25 (II) in subsection (b), by adding 

26 at the end the following: 


kjohnson on DSK79L0C42 with BILLS
144 

•HR 3409 RH

1 ‘‘(5)(A) The number of instances in which a cov2 ered individual was accused of misconduct or crimes 

3 considered collateral to the investigation of a sexual 

4 assault committed against the individual. 

5 ‘‘(B) The number of instances in which adverse 

6 action was taken against a covered individual who 

7 was accused of collateral misconduct or crimes as de8 scribed in subparagraph (A). 

9 ‘‘(C) The percentage of investigations of sexual 

10 assaults that involved an accusation or adverse action 

11 against a covered individual as described in subpara12 graphs (A) and (B). 

13 ‘‘(D) In this paragraph, the term ‘covered indi14 vidual’ means an individual who is identified as a 

15 victim of a sexual assault in the case files of a mili16 tary criminal investigative organization.’’. 

17 (F) Section 305 of title 46, United States 

18 Code, is amended— 

19 (i) by striking ‘‘The Federal’’ and in20 serting ‘‘(a) IN GENERAL.—The Federal’’; 

21 and 

22 (ii) by inserting after section (a) the 

23 following: 

24 ‘‘(b) TRANSPARENCY.— 


kjohnson on DSK79L0C42 with BILLS
145 

•HR 3409 RH

1 ‘‘(1) IN GENERAL.—In conjunction with the 

2 transmittal by the President to the Congress of the 

3 Budget of the United States for fiscal year 2021 and 

4 biennially there-after, the Federal Maritime Commis5 sion shall submit to the Committee on Commerce, 

6 Science, and Transportation of the Senate and the 

7 Committee on Transportation and Infrastructure of 

8 the House of Representatives reports that describe the 

9 Commission’s progress toward addressing the issues 

10 raised in each unfinished regulatory proceeding, re11 gardless of whether the proceeding if subject to a stat12 utory or regulatory deadline. 

13 ‘‘(2) FORMAT OF REPORTS.—Each report under 

14 paragraph (1) shall, among other things, clearly iden15 tify for each unfinished regulatory proceeding— 

16 ‘‘(A) the popular title; 

17 ‘‘(B) the current stage of the proceeding; 

18 ‘‘(C) an abstract of the proceeding; 

19 ‘‘(D) what prompted the action in question; 

20 ‘‘(E) any applicable statutory, regulatory, 

21 or judicial deadline; 

22 ‘‘(F) the associated docket number; 

23 ‘‘(G) the date the rulemaking was initiated; 

24 ‘‘(H) a date for the next action; and 


kjohnson on DSK79L0C42 with BILLS
146 

•HR 3409 RH

1 ‘‘(I) if a date for the next action identified 

2 in the previous report is not met, the reason for 

3 the delay.’’. 

4 (G) Section 7 of the Rivers and Harbors 

5 Appropriations Act of 1915 (33 U.S.C. 471) is 

6 amended— 

7 (i) by transferring such section to ap8 pear after section 70006 of title 46, United 

9 States Code; 

10 (ii) by striking ‘‘SEC. 7.’’ and insert11 ing ‘‘§70007. Establishment by Sec12 retary of Homeland Security of an13 chorage grounds and regulations 

14 generally’’; and 

15 (iii) by adjusting the margins with re16 spect to subsections (a) and (b) for the pres17 ence of a section heading accordingly. 

18 (2) CLERICAL AMENDMENTS.— 

19 (A) The analysis for chapter 3 of title 14, 

20 United States Code, as amended by this Act, is 

21 further amended by adding at the end the fol22 lowing: 

‘‘321. Redistricting notification requirement.’’. 

23 (B) The analysis for chapter 7 of title 14, 

24 United States Code, as amended by this Act, is 


kjohnson on DSK79L0C42 with BILLS
147 

•HR 3409 RH

1 further amended by adding at the end the fol2 lowing: 

‘‘719. VHF communication services.’’. 

3 (C) The analysis for chapter 11 of title 14, 

4 United States Code, is amended by striking the 

5 item relating to section 1110 and inserting the 

6 following: 

‘‘1110. Elevation of disputes to the Chief Acquisition Officer.’’. 

7 (D) The analysis for chapter 51 of title 14, 

8 United States Code, is amended by adding at the 

9 end the following: 

‘‘5110. Mission need statement. 

‘‘5111. Sexual assault and sexual harassment in the Coast Guard.’’. 

10 (E) The analysis for chapter 700 of title 46, 

11 United States Code, as amended by section 

12 312(b), is further amended by inserting after the 

13 item relating to section 70006 the following: 

‘‘70007. Establishment by the Secretary of Homeland Security of anchorage 

grounds and regulations generally.’’. 

14 (b) TRANSFERS.— 

15 (1) SECTION 204 OF THE MARINE TRANSPOR16 TATION SECURITY ACT.— 

17 (A) The Maritime Transportation Security 

18 Act of 2002 is amended by striking section 204 

19 (33 U.S.C. 1902a). 

20 (B) Section 3 of the Act to Prevent Pollu21 tion from Ships (33 U.S.C. 1902)— 


kjohnson on DSK79L0C42 with BILLS
148 

•HR 3409 RH

1 (i) is amended by redesignating sub2 sections (e) through (i) as subsections (f) 

3 through (j) respectively; and 

4 (ii) by inserting after subsection (d) 

5 the following: 

6 ‘‘(e) DISCHARGE OF AGRICULTURAL CARGO RES7 IDUE.—Notwithstanding any other provision of law, the 

8 discharge from a vessel of any agricultural cargo residue 

9 material in the form of hold washings shall be governed ex10 clusively by the provisions of the Act to Prevent Pollution 

11 from Ships (33 U.S.C. 1901 et seq.) that implement Annex 

12 V to the International Convention for the Prevention of Pol13 lution from Ships.’’. 

14 (2) LNG TANKERS.— 

15 (A) The Coast Guard and Maritime Trans16 portation Act of 2006 is amended by striking 

17 section 304 (Public Law 109–241; 120 Stat. 

18 527). 

19 (B) Section 5 of the Deepwater Port Act of 

20 1974 (33 U.S.C. 1504) is amended by adding at 

21 the end the following: 

22 ‘‘(j) LNG TANKERS.— 

23 ‘‘(1) PROGRAM.—The Secretary of Transpor24 tation shall develop and implement a program to proVerDate Sep 11 2014 01:14 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6203 E:\BILLS\H3409.RH H3409

kjohnson on DSK79L0C42 with BILLS
149 

•HR 3409 RH

1 mote the transportation of liquefied natural gas to the 

2 United States on United States flag vessels. 

3 ‘‘(2) INFORMATION TO BE PROVIDED.—When the 

4 Coast Guard is operating as a contributing agency in 

5 the Federal Energy Regulatory Commission’s shore6 side licensing process for a liquefied natural gas or 

7 liquefied petroleum gas terminal located on shore or 

8 within State seaward boundaries, the Coast Guard 

9 shall provide to the Commission the information de10 scribed in section 5(c)(2)(K) of the Deepwater Port 

11 Act of 1974 (33 U.S.C. 1504(c)(2)(K)) with respect to 

12 vessels reasonably anticipated to be servicing that 

13 port.’’. 

14 SEC. 503. REPEALS. 

15 (a) LICENSE EXEMPTIONS; REPEAL OF OBSOLETE

16 PROVISIONS.— 

17 (1) SERVICE UNDER LICENSES ISSUED WITHOUT

18 EXAMINATION.— 

19 (A) REPEAL.—Section 8303 of title 46, 

20 United States Code, and the item relating to that 

21 section in the analysis for chapter 83 of that 

22 title, are repealed. 

23 (B) CONFORMING AMENDMENT.—Section 

24 14305(a)(10) of title 46, United States Code, is 


kjohnson on DSK79L0C42 with BILLS
150 

•HR 3409 RH

1 amended by striking ‘‘sections 8303 and 8304’’ 

2 and inserting ‘‘section 8304’’. 

3 (2) STANDARDS FOR TANK VESSELS OF THE

4 UNITED STATES.—Section 9102 of title 46, United 

5 States Code, is amended— 

6 (A) by striking ‘‘(a)’’ before the first sen7 tence; and 

8 (B) by striking subsection (b). 

9 (b) REPEAL.—Section 343 of the Maritime Transpor10 tation Security Act of 2002 (Public Law 107–295; 116 Stat. 

11 2106) is repealed. 

12 (c) ACCIDENT AND INCIDENT NOTIFICATION.—Sub13 section (c) of section 9 of the Pipeline Safety, Regulatory 

14 Certainty, and Job Creation Act of 2011 (Public Law 112– 

15 90; 125 Stat 1912)) is repealed and is deemed not to have 

16 been enacted. 

17 TITLE VI—TECHNICAL, CON18 FORMING, AND CLARIFYING 

19 AMENDMENTS 

20 SEC. 601. MARITIME TRANSPORTATION SYSTEM. 

21 (a) MARITIME TRANSPORTATION SYSTEM.—Section 

22 312(b)(4) of title 14, United States Code, is amended by 

23 striking ‘‘marine transportation system’’ and inserting 

24 ‘‘maritime transportation system’’. 


kjohnson on DSK79L0C42 with BILLS
151 

•HR 3409 RH

1 (b) CLARIFICATION OF REFERENCE TO MARINE

2 TRANSPORTATION SYSTEM PROGRAMS.—Section 50307(a) 

3 of title 46, United States Code, is amended by striking ‘‘ma4 rine transportation’’ and inserting ‘‘maritime transpor5 tation’’. 

6 SEC. 602. REFERENCES TO ‘‘PERSONS’’ AND ‘‘SEAMEN’’. 

7 (a) TECHNICAL CORRECTION OF REFERENCES TO

8 ‘‘PERSONS’’.—Title 14, United States Code, is amended as 

9 follows: 

10 (1) In section 312(d), by striking ‘‘persons’’ and 

11 inserting ‘‘individuals’’. 

12 (2) In section 313(d)(2)(B), by striking ‘‘person’’ 

13 and inserting ‘‘individual’’. 

14 (3) In section 504— 

15 (A) in subsection (a)(19)(B), by striking ‘‘a 

16 person’’ and inserting ‘‘an individual’’; and 

17 (B) in subsection (c)(4), by striking ‘‘sea18 men;’’ and inserting ‘‘mariners;’’. 

19 (4) In section 521, by striking ‘‘persons’’ each 

20 place it appears and inserting ‘‘individuals’’. 

21 (5) In section 522— 

22 (A) by striking ‘‘a person’’ and inserting 

23 ‘‘an individual’’; and 


kjohnson on DSK79L0C42 with BILLS
152 

•HR 3409 RH

1 (B) by striking ‘‘person’’ the second and 

2 third place it appears and inserting ‘‘indi3 vidual’’. 

4 (6) In section 525(a)(1)(C)(ii), by striking ‘‘per5 son’’ and inserting ‘‘individual’’. 

6 (7) In section 526— 

7 (A) by striking ‘‘person’’ each place it ap8 pears and inserting ‘‘individual’’; 

9 (B) by striking ‘‘persons’’ each place it ap10 pears and inserting ‘‘individuals’’; and 

11 (C) in subsection (b), by striking ‘‘person’s’’ 

12 and inserting ‘‘individual’s’’. 

13 (8) In section 709— 

14 (A) by striking ‘‘persons’’ and inserting 

15 ‘‘individuals’’; and 

16 (B) by striking ‘‘person’’ and inserting ‘‘in17 dividual’’. 

18 (9) In section 933(b), by striking ‘‘Every person’’ 

19 and inserting ‘‘An individual’’. 

20 (10) In section 1102(d), by striking ‘‘persons’’ 

21 and inserting ‘‘individuals’’. 

22 (11) In section 1902(b)(3)— 

23 (A) in subparagraph (A), by striking ‘‘per24 son or persons’’ and inserting ‘‘individual or in25 dividuals’’; and 


kjohnson on DSK79L0C42 with BILLS
153 

•HR 3409 RH

1 (B) in subparagraph (B), by striking ‘‘per2 son’’ and inserting ‘‘individual’’. 

3 (12) In section 1941(b), by striking ‘‘persons’’ 

4 and inserting ‘‘individuals’’. 

5 (13) In section 2101(b), by striking ‘‘person’’ 

6 and inserting ‘‘individual’’. 

7 (14) In section 2102(c), by striking ‘‘A person’’ 

8 and inserting ‘‘An individual’’. 

9 (15) In section 2104(b)— 

10 (A) by striking ‘‘persons’’ and inserting 

11 ‘‘individuals’’; and 

12 (B) by striking ‘‘A person’’ and inserting 

13 ‘‘An individual’’. 

14 (16) In section 2118(d), by striking ‘‘person’’ 

15 and inserting ‘‘individual who is’’. 

16 (17) In section 2147(d), by striking ‘‘a person’’ 

17 and inserting ‘‘an individual’’. 

18 (18) In section 2150(f), by striking ‘‘person’’ and 

19 inserting ‘‘individual who is’’. 

20 (19) In section 2161(b), by striking ‘‘person’’ 

21 and inserting ‘‘individual’’. 

22 (20) In section 2317— 

23 (A) by striking ‘‘persons’’ and inserting 

24 ‘‘individuals’’; 


kjohnson on DSK79L0C42 with BILLS
154 

•HR 3409 RH

1 (B) by striking ‘‘person’’ each place it ap2 pears and inserting ‘‘individual’’; and 

3 (C) in subsection (c)(2), by striking ‘‘per4 son’s’’ and inserting ‘‘individual’s’’. 

5 (21) In section 2531— 

6 (A) by striking ‘‘person’’ each place it ap7 pears and inserting ‘‘individual’’; and 

8 (B) by striking ‘‘persons’’ each place it ap9 pears and inserting ‘‘individuals’’. 

10 (22) In section 2709, by striking ‘‘persons’’ and 

11 inserting ‘‘individuals’’. 

12 (23) In section 2710— 

13 (A) by striking ‘‘persons’’ and inserting 

14 ‘‘individuals’’; and 

15 (B) by striking ‘‘person’’ each place it ap16 pears and inserting ‘‘individual’’. 

17 (24) In section 2711(b), by striking ‘‘person’’ 

18 and inserting ‘‘individual’’. 

19 (25) In section 2732, by striking ‘‘a person’’ and 

20 inserting ‘‘an individual’’. 

21 (26) In section 2733— 

22 (A) by striking ‘‘A person’’ and inserting 

23 ‘‘An individual’’; and 

24 (B) by striking ‘‘that person’’ and inserting 

25 ‘‘that individual’’. 


kjohnson on DSK79L0C42 with BILLS
155 

•HR 3409 RH

1 (27) In section 2734, by striking ‘‘person’’ each 

2 place it appears and inserting ‘‘individual’’. 

3 (28) In section 2735, by striking ‘‘a person’’ and 

4 inserting ‘‘an individual’’. 

5 (29) In section 2736, by striking ‘‘person’’ and 

6 inserting ‘‘individual’’. 

7 (30) In section 2737, by striking ‘‘a person’’ and 

8 inserting ‘‘an individual’’. 

9 (31) In section 2738, by striking ‘‘person’’ and 

10 inserting ‘‘individual’’. 

11 (32) In section 2739, by striking ‘‘person’’ and 

12 inserting ‘‘individual’’. 

13 (33) In section 2740— 

14 (A) by striking ‘‘person’’ and inserting ‘‘in15 dividual’’; and 

16 (B) by striking ‘‘one’’ the second place it 

17 appears. 

18 (34) In section 2741— 

19 (A) in subsection (a), by striking ‘‘a per20 son’’ and inserting ‘‘an individual’’; 

21 (B) in subsection (b)(1), by striking ‘‘per22 son’s’’ and inserting ‘‘individual’s’’; and 

23 (C) in subsection (b)(2), by striking ‘‘per24 son’’ and inserting ‘‘individual’’. 


kjohnson on DSK79L0C42 with BILLS
156 

•HR 3409 RH

1 (35) In section 2743, by striking ‘‘person’’ each 

2 place it appears and inserting ‘‘individual’’. 

3 (36) In section 2744— 

4 (A) in subsection (b), by striking ‘‘a per5 son’’ and inserting ‘‘an individual’’; and 

6 (B) in subsections (a) and (c), by striking 

7 ‘‘person’’ each place it appears and inserting 

8 ‘‘individual’’. 

9 (37) In section 2745, by striking ‘‘person’’ and 

10 inserting ‘‘individual’’. 

11 (38)(A) In section 2761— 

12 (i) in the section heading, by striking 

13 ‘‘Persons’’ and inserting ‘‘Individuals’’; 

14 (ii) by striking ‘‘persons’’ and inserting 

15 ‘‘individuals’’; and 

16 (iii) by striking ‘‘person’’ and inserting 

17 ‘‘individual’’. 

18 (B) In the analysis for chapter 27, by striking 

19 the item relating to section 2761 and inserting the 

20 following: 

‘‘2761. Individuals discharged as result of court-martial; allowances to.’’. 

21 (39)(A) In the heading for section 2767, by strik22 ing ‘‘persons’’ and inserting ‘‘individuals’’. 

23 (B) In the analysis for chapter 27, by striking 

24 the item relating to section 2767 and inserting the 

25 following: 


kjohnson on DSK79L0C42 with BILLS
157 

•HR 3409 RH

‘‘2767. Reimbursement for medical-related travel expenses for certain individuals 

residing on islands in the continental United States.’’. 

1 (40) In section 2769— 

2 (A) by striking ‘‘a person’s’’ and inserting 

3 ‘‘an individual’s’’; and 

4 (B) in paragraph (1), by striking ‘‘person’’ 

5 and inserting ‘‘individual’’. 

6 (41) In section 2772(a)(2), by striking ‘‘person’’ 

7 and inserting ‘‘individual’’. 

8 (42) In section 2773— 

9 (A) in subsection (b), by striking ‘‘persons’’ 

10 each place it appears and inserting ‘‘individ11 uals’’; and 

12 (B) in subsection (d), by striking ‘‘a per13 son’’ and inserting ‘‘an individual’’. 

14 (43) In section 2775, by striking ‘‘person’’ each 

15 place it appears and inserting ‘‘individual’’. 

16 (44) In section 2776, by striking ‘‘person’’ and 

17 inserting ‘‘individual’’. 

18 (45)(A) In section 2777— 

19 (i) in the heading, by striking ‘‘persons’’ 

20 and inserting ‘‘individuals’’; and 

21 (ii) by striking ‘‘persons’’ each place it ap22 pears and inserting ‘‘individuals’’. 


kjohnson on DSK79L0C42 with BILLS
158 

•HR 3409 RH

1 (B) In the analysis for chapter 27, by striking 

2 the item relating to in section 2777 and inserting the 

3 following: 

‘‘2777. Clothing for destitute shipwrecked individuals.’’. 

4 (46) In section 2779, by striking ‘‘persons’’ each 

5 place it appears and inserting ‘‘individuals’’. 

6 (47) In section 2902(c), by striking ‘‘person’’ 

7 and inserting ‘‘individual’’. 

8 (48) In section 2903(b), by striking ‘‘person’’ 

9 and inserting ‘‘individual’’. 

10 (49) In section 2904(b)(1)(B), by striking ‘‘a 

11 person’’ and inserting ‘‘an individual’’. 

12 (50) In section 3706— 

13 (A) by striking ‘‘a person’’ and inserting 

14 ‘‘an individual’’; and 

15 (B) by striking ‘‘person’s’’ and inserting 

16 ‘‘individual’s’’. 

17 (51) In section 3707— 

18 (A) in subsection (c)— 

19 (i) by striking ‘‘person’’ and inserting 

20 ‘‘individual’’; and 

21 (ii) by striking ‘‘person’s’’ and insert22 ing ‘‘individual’s’’; and 

23 (B) in subsection (e), by striking ‘‘a person’’ 

24 and inserting ‘‘an individual’’. 


kjohnson on DSK79L0C42 with BILLS
159 

•HR 3409 RH

1 (52) In section 3708, by striking ‘‘person’’ each 

2 place it appears and inserting ‘‘individual’’. 

3 (53) In section 3738— 

4 (A) by striking ‘‘a person’’ each place it ap5 pears and inserting ‘‘an individual’’; 

6 (B) by striking ‘‘person’s’’ and inserting 

7 ‘‘individual’s’’; and 

8 (C) by striking ‘‘A person’’ and inserting 

9 ‘‘An individual’’. 

10 (b) CORRECTION OF REFERENCES TO PERSONS AND

11 SEAMEN.— 

12 (1) Section 2303a(a) of title 46, United States 

13 Code, is amended by striking ‘‘persons’’ and inserting 

14 ‘‘individuals’’. 

15 (2) Section 2306(a)(3) of title 46, United States 

16 Code, is amended to read as follows: 

17 ‘‘(3) An owner, charterer, managing operator, or agent 

18 of a vessel of the United States notifying the Coast Guard 

19 under paragraph (1) or (2) shall— 

20 ‘‘(A) provide the name and identification num21 ber of the vessel, the names of individuals on board, 

22 and other information that may be requested by the 

23 Coast Guard; and 


kjohnson on DSK79L0C42 with BILLS
160 

•HR 3409 RH

1 ‘‘(B) submit written confirmation to the Coast 

2 Guard within 24 hours after nonwritten notification 

3 to the Coast Guard under such paragraphs.’’. 

4 (3) Section 7303 of title 46, United States Code, 

5 is amended by striking ‘‘seaman’’ each place it ap6 pears and inserting ‘‘individual’’. 

7 (4) Section 7319 of title 46, United States Code, 

8 is amended by striking ‘‘seaman’’ each place it ap9 pears and inserting ‘‘individual’’. 

10 (5) Section 7501(b) of title 46, United States 

11 Code, is amended by striking ‘‘seaman’’ and inserting 

12 ‘‘holder’’. 

13 (6) Section 7508(b) of title 46, United States 

14 Code, is amended by striking ‘‘individual seamen or 

15 a specifically identified group of seamen’’ and insert16 ing ‘‘an individual or a specifically identified group 

17 of individuals’’. 

18 (7) Section 7510 of title 46, United States Code, 

19 is amended— 

20 (A) in subsection (c)(8)(B), by striking 

21 ‘‘merchant seamen’’ and inserting ‘‘merchant 

22 mariner’’; and 

23 (B) in subsection (d), by striking ‘‘merchant 

24 seaman’’ and inserting ‘‘merchant mariner’’. 


kjohnson on DSK79L0C42 with BILLS
161 

•HR 3409 RH

1 (8) Section 8103 of title 46, United States Code, 

2 is amended— 

3 (A) by striking ‘‘seaman’’ each place it ap4 pears and inserting ‘‘individual’’; 

5 (B) by striking ‘‘seamen’’ each place it ap6 pears and inserting ‘‘individuals’’; 

7 (C) in the headings for paragraphs (2) and 

8 (3) of subsection (k), by striking ‘‘SEAMEN’’ each 

9 place it appears and inserting ‘‘INDIVIDUALS’’; 

10 (D) in subsection (k)(3)(A)(iv)(II), by strik11 ing ‘‘seaman’s’’ and inserting ‘‘individual’s’’; 

12 and 

13 (E) in subsection (k)(3)(C), by striking 

14 ‘‘merchant mariners’’ each place it appears and 

15 inserting ‘‘merchant mariner’s’’. 

16 (9) Section 8104 of title 46, United States Code, 

17 is amended— 

18 (A) in subsection (c), by striking ‘‘a licensed 

19 individual or seaman’’ and inserting ‘‘an indi20 vidual’’; 

21 (B) in subsection (d), by striking ‘‘A li22 censed individual or seaman’’ and inserting ‘‘An 

23 individual’’; 


kjohnson on DSK79L0C42 with BILLS
162 

•HR 3409 RH

1 (C) in subsection (e), by striking ‘‘a sea2 man’’ each place it appears and inserting ‘‘an 

3 individual’’; and 

4 (D) in subsection (j), by striking ‘‘seaman’’ 

5 and inserting ‘‘individual’’. 

6 (10) Section 8302(d) of title 46, United States 

7 Code, is amended by striking ‘‘3 persons’’ and insert8 ing ‘‘3 individuals’’. 

9 (11) Section 11201 of title 46, United States 

10 Code, is amended by striking ‘‘a person’’ each place 

11 it appears and inserting ‘‘an individual’’. 

12 (12) Section 11202 of title 46, United States 

13 Code, is amended— 

14 (A) by striking ‘‘a person’’ and inserting 

15 ‘‘an individual’’; and 

16 (B) by striking ‘‘the person’’ each place it 

17 appears and inserting ‘‘the individual’’. 

18 (13) Section 11203 of title 46, United States 

19 Code, is amended— 

20 (A) by striking ‘‘a person’’ each place it ap21 pears and inserting ‘‘an individual’’; and 

22 (B) in subsection (a)(2), by striking ‘‘that 

23 person’’ and inserting ‘‘that individual’’. 


kjohnson on DSK79L0C42 with BILLS
163 

•HR 3409 RH

1 (14) Section 15109(i)(2) of title 46, United 

2 States Code, is amended by striking ‘‘additional per3 sons’’ and inserting ‘‘additional individuals’’. 

4 SEC. 603. COMMON APPROPRIATION STRUCTURE. 

5 (a) AMENDMENTS TO CONFORM TO COMMON APPRO6 PRIATIONS STRUCTURE.— 

7 (1) PROSPECTIVE PAYMENT OF FUNDS NEC8 ESSARY TO PROVIDE MEDICAL CARE.—Section 506 of 

9 title 14, United States Code, is amended— 

10 (A) in subsection (a)(1), by inserting ‘‘es11 tablished under chapter 56 of title 10’’ after 

12 ‘‘Medicare-Eligible Retiree Health Care Fund’’; 

13 and 

14 (B) in subsection (b)(1), by striking ‘‘oper15 ating expenses’’ and inserting ‘‘operations and 

16 support’’. 

17 (2) USE OF CERTAIN APPROPRIATED FUNDS.— 

18 Section 903 of title 14, United States Code, is amend19 ed— 

20 (A) in subsection (a), by striking ‘‘acquisi21 tion, construction, and improvement of facilities, 

22 for research, development, test, and evaluation;’’ 

23 and inserting ‘‘procurement, construction, and 

24 improvement of facilities and for research and 

25 development’’; and 


kjohnson on DSK79L0C42 with BILLS
164 

•HR 3409 RH

1 (B) in subsection (d)(1), by striking ‘‘oper2 ating expenses’’ and inserting ‘‘operations and 

3 support’’. 

4 (3) CONFIDENTIAL INVESTIGATIVE EXPENSES.— 

5 Section 944 of title 14, United States Code, is amend6 ed by striking ‘‘necessary expenses for the operation’’ 

7 and inserting ‘‘operations and support’’. 

8 (4) PROCUREMENT OF PERSONNEL.—Section 

9 2701 of title 14, United States Code, is amended by 

10 striking ‘‘operating expense’’ and inserting ‘‘oper11 ations and support’’. 

12 (5) COAST GUARD HOUSING FUND.—Section 

13 2946(b)(2) of title 14, United States Code, is amended 

14 by striking ‘‘acquisition’’ and inserting ‘‘procure15 ment’’. 

16 (6) REQUIREMENT FOR PRIOR AUTHORIZATION

17 OF APPROPRIATIONS.—Section 4901 of title 14, 

18 United States Code, is amended— 

19 (A) in paragraph (1), by striking ‘‘mainte20 nance’’ and inserting ‘‘support’’; 

21 (B) in paragraph (2), by striking ‘‘acquisi22 tion’’ and inserting ‘‘procurement’’; 

23 (C) by striking paragraphs (3), (4), and 

24 (6); 


kjohnson on DSK79L0C42 with BILLS
165 

•HR 3409 RH

1 (D) by redesignating paragraph (5) as 

2 paragraph (3); and 

3 (E) in paragraph (3), as so redesignated, by 

4 striking ‘‘research, development, test, and evalua5 tion’’ and inserting ‘‘research and development’’. 

6 (b) COMMON APPROPRIATION STRUCTURE.—Sections 

7 3317(b), 7504, and 80505(b)(3) of title 46, United States 

8 Code, are each amended by striking ‘‘operating expenses’’ 

9 and inserting ‘‘operations and support’’. 

10 (c) COMMON APPROPRIATION STRUCTURE.— 

11 (1) OIL SPILL LIABILITY TRUST FUND.—Section 

12 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 

13 U.S.C. 2712(a)(5)(A)) is amended by striking ‘‘oper14 ating expenses’’ and inserting ‘‘operations and sup15 port’’. 

16 (2) HISTORIC LIGHT STATION SALES.—Section 

17 305106 of title 54, United States Code, is amended— 

18 (A) in subsection (b)(1)(B)(i) by striking 

19 ‘‘Operating Expenses’’ and inserting ‘‘Oper20 ations and Support’’; and 

21 (B) in subsection (b)(2) by striking ‘‘Oper22 ating Expense’’ and inserting ‘‘Operations and 

23 Support’’; 

24 (3) BRIDGE PERMITS.—Section 712(a)(2) of the 

25 Coast Guard and Maritime Transportation Act of 


kjohnson on DSK79L0C42 with BILLS
166 

•HR 3409 RH

1 2012 (Public Law 112–213; 126 Stat. 1582) is 

2 amended by striking ‘‘operating expenses’’ and insert3 ing ‘‘operations and support’’. 

4 (4) CONTRACTS.—Section 557(a) of the Consoli5 dated and Further Continuing Appropriations Act, 

6 2013 (Public Law 113–6; 127 Stat. 377) is amended 

7 by striking ‘‘Acquisition’’ and inserting ‘‘Procure8 ment’’. 

9 (5) CHILD DEVELOPMENT SERVICES.—Section 

10 214(d)(1) of the Howard Coble Coast Guard and 

11 Maritime Transportation Act of 2014 (Public Law 

12 113–281; 128 Stat. 3034) is amended by striking ‘‘op13 erating expenses’’ and inserting ‘‘operations and sup14 port’’. 

15 SEC. 604. REFERENCES TO ‘‘HIMSELF’’ AND ‘‘HIS’’. 

16 (a) Section 1927 of title 14, United States Code, is 

17 amended by— 

18 (1) striking ‘‘of his initial’’ and inserting ‘‘of an 

19 initial’’; and 

20 (2) striking ‘‘from his pay’’ and inserting ‘‘from 

21 the pay of such cadet’’. 

22 (b) Section 2108(b) of title 14, United States Code, is 

23 amended by striking ‘‘himself’’ and inserting ‘‘such officer’’. 

24 (c) Section 2732 of title 14, United States Code, as 

25 amended by this Act, is further amended— 


kjohnson on DSK79L0C42 with BILLS
167 

•HR 3409 RH

1 (1) by striking ‘‘distinguishes himself conspicu2 ously by’’ and inserting ‘‘displays conspicuous’’; and 

3 (2) by striking ‘‘his’’ and inserting ‘‘such indi4 vidual’s’’. 

5 (d) Section 2736 of title 14, United States Code, as 

6 amended by this Act, is further amended by striking ‘‘dis7 tinguishes himself by’’ and inserting ‘‘performs’’. 

8 (e) Section 2738 of title 14, United States Code, as 

9 amended by this Act is further amended by striking ‘‘distin10 guishes himself by’’ and inserting ‘‘displays’’. 

11 (f) Section 2739 of title 14, United States Code, as 

12 amended by this Act, is further amended by striking ‘‘dis13 tinguishes himself by’’ and inserting ‘‘displays’’. 

14 (g) Section 2742 of title 14, United States Code, is 

15 amended by striking ‘‘he distinguished himself’’ and insert16 ing ‘‘of the acts resulting in the consideration of such 

17 award’’. 

18 (h) Section 2743 of title 14, United States Code, as 

19 amended by this Act, is further amended— 

20 (1) by striking ‘‘distinguishes himself’’; and 

21 (2) by striking ‘‘he’’ and inserting ‘‘such indi22 vidual’’. 

23 SEC. 605. REFERENCES TO ‘‘MOTORBOATS’’ AND ‘‘YACHTS’’. 

24 (a) CORRECTION OF REFERENCES TO MOTORBOATS

25 AND YACHTS.— 


kjohnson on DSK79L0C42 with BILLS
168 

•HR 3409 RH

1 (1) Section 3901(d)(4) of title 14, United States 

2 Code, is amended by striking ‘‘motor boats, yachts,’’ 

3 and inserting ‘‘vessels,’’. 

4 (2) Section 3903(1)(A) of title 14, United States 

5 Code, is amended by striking ‘‘motorboats, yachts’’ 

6 and inserting ‘‘vessels,’’. 

7 (3) Section 3907(a) of title 14, United States 

8 Code, is amended— 

9 (A) in the heading, by striking ‘‘MOTOR

10 BOATS, YACHTS,’’ and inserting ‘‘VESSELS,’’; 

11 and 

12 (B) by striking ‘‘motorboat, yacht,’’ and in13 serting ‘‘vessels,’’. 

14 (4) Section 3908 of title 14, United States Code, 

15 is amended by striking ‘‘motorboat or yacht’’ and in16 serting ‘‘vessel’’. 

17 (5) Section 3911(a) of title 14, United States 

18 Code, is amended by striking ‘‘motorboat, yacht,’’ 

19 each place it appears and inserting ‘‘vessel,’’. 

20 (6) Section 3912 of title 14, United States Code, 

21 is amended by striking ‘‘motorboat, yacht,’’ and in22 serting ‘‘vessel,’’. 

23 (7) Section 4101 of title 14, United States Code, 

24 is amended by striking ‘‘motorboats, yachts,’’ and in25 serting ‘‘vessels,’’. 


kjohnson on DSK79L0C42 with BILLS
169 

•HR 3409 RH

1 (8) Section 4102 of title 14, United States Code, 

2 is amended by striking ‘‘motorboat, yacht, or any 

3 other vessel,’’ and inserting ‘‘or vessel,’’. 

4 (b) CONFORMING REFERENCES TO YACHTS.—Title 46, 

5 United States Code, is amended— 

6 (1) in parts F and G of subtitle II, by striking 

7 ‘‘yacht’’ each place it appears and inserting ‘‘rec8 reational vessel’’; 

9 (2) in subtitle III— 

10 (A) in section 30506(a), by striking ‘‘pleas11 ure yachts’’ and inserting ‘‘recreational vessels’’; 

12 and 

13 (B) in section 30508(a), by striking ‘‘pleas14 ure yachts’’ and inserting ‘‘recreational vessels’’; 

15 and 

16 (3) in section 60504— 

17 (A) by striking ‘‘yachts’’ each place it ap18 pears and inserting ‘‘recreational vessels’’; and 

19 (B) by striking ‘‘yacht’’ and inserting ‘‘rec20 reational vessel’’. 

21 (c) VESSELS.—Section 352(a)(4) of the Communica22 tions Act of 1934 (47 U.S.C. 352(a)(4)) is amended by 

23 striking ‘‘Yachts’’ and inserting ‘‘Recreational vessels, as 

24 defined in section 2101(46) of title 46, United States 

25 Code,’’. 


kjohnson on DSK79L0C42 with BILLS
170 

•HR 3409 RH

1 SEC. 606. MISCELLANEOUS TECHNICAL CORRECTIONS. 

2 (a) MISCELLANEOUS TECHNICAL CORRECTIONS.— 

3 (1) Section 3305(d)(3)(B) of title 46, United 

4 States Code, is amended by striking ‘‘Coast Guard 

5 Authorization Act of 2017’’ and inserting ‘‘Frank 

6 LoBiondo Coast Guard Authorization Act of 2018’’. 

7 (2) Section 4312 of title 46, United States Code, 

8 is amended by striking ‘‘Coast Guard Authorization 

9 Act of 2017’’ each place it appears and inserting 

10 ‘‘Frank LoBiondo Coast Guard Authorization Act of 

11 2018 (Public Law 115–282)’’. 

12 (3) The analysis for chapter 700 of title 46, 

13 United States Code, is amended— 

14 (A) by striking the item relating to the 

15 heading for the first subchapter and inserting the 

16 following: 

‘‘SUBCHAPTER I—VESSEL OPERATIONS’’; 

17 (B) by striking the item relating to the 

18 heading for the second subchapter and inserting 

19 the following: 

‘‘SUBCHAPTER II—PORTS AND WATERWAYS SAFETY’’; 

20 (C) by striking the items relating to the 

21 heading for the third subchapter and inserting 

22 the following: 

‘‘SUBCHAPTER III—CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES

‘‘70021. Conditions for Entry Into Ports in the United States.’’; 


kjohnson on DSK79L0C42 with BILLS
171 

•HR 3409 RH

1 (D) by striking the item relating to the 

2 heading for the fourth subchapter and inserting 

3 the following: 

‘‘SUBCHAPTER IV—DEFINITIONS REGULATIONS, ENFORCEMENT, INVESTIGATORY

POWERS, APPLICABILITY’’; 

4 (E) by striking the item relating to the 

5 heading for the fifth subchapter and inserting the 

6 following: 

‘‘SUBCHAPTER V—REGATTAS AND MARINE PARADES’’; 

7 and 

8 (F) by striking the item relating to the 

9 heading for the sixth subchapter and inserting 

10 the following: 

‘‘SUBCHAPTER VI—REGULATION OF VESSELS IN TERRITORIAL WATERS OF THE

UNITED STATES’’. 

11 (4) Section 70031 of title 46, United States 

12 Code, is amended by striking ‘‘A through C’’ and in13 serting ‘‘I through III’’. 

14 (5) Section 70032 of title 46, United States 

15 Code, is amended by striking ‘‘A through C’’ and in16 serting ‘‘I through III’’. 

17 (6) Section 70033 of title 46, United States 

18 Code, is amended by striking ‘‘A through C’’ and in19 serting ‘‘I through III’’. 

20 (7) Section 70034 of title 46, United States 

21 Code, is amended by striking ‘‘A through C’’ each 

22 place it appears and inserting ‘‘I through III’’. 


kjohnson on DSK79L0C42 with BILLS
172 

•HR 3409 RH

1 (8) Section 70035(a) of title 46, United States 

2 Code, is amended by striking ‘‘A through C’’ and in3 serting ‘‘I through III’’. 

4 (9) Section 70036 of title 46, United States 

5 Code, is amended by— 

6 (A) striking ‘‘A through C’’ each place it 

7 appears and inserting ‘‘I through III’’; and 

8 (B) striking ‘‘A, B, or C’’ each place it ap9 pears and inserting ‘‘I, II, or III’’. 

10 (b) ALTERATION OF BRIDGES; TECHNICAL

11 CHANGES.—The Act of June 21, 1940 (33 U.S.C. 511 et 

12 seq.), popularly known as the Truman-Hobbs Act, is 

13 amended by striking section 12 (33 U.S.C. 522). 

14 (c) REPORT OF DETERMINATION; TECHNICAL CORREC15 TION.—Section 105(f)(2) of the Pribilof Islands Transition 

16 Act (16 U.S.C. 1161 note; Public Law 106–562) is amended 

17 by striking ‘‘subsection (a),’’ and inserting ‘‘paragraph 

18 (1),’’. 

19 (d) TECHNICAL CORRECTIONS TO FRANK LOBIONDO

20 COAST GUARD AUTHORIZATION ACT OF 2018.— 

21 (1) Section 408 of the Frank LoBiondo Coast 

22 Guard Authorization Act of 2018 (Public Law 115– 

23 282) and the item relating to such section in section 

24 2 of such Act are repealed, and the provisions of law 

25 redesignated, transferred, or otherwise amended by 


kjohnson on DSK79L0C42 with BILLS
173 

•HR 3409 RH

1 section 408 are amended to read as if such section 

2 were not enacted. 

3 (2) Section 514(b) of the Frank LoBiondo Coast 

4 Guard Authorization Act of 2018 (Public Law 115– 

5 282) is amended by striking ‘‘Chapter 30’’ and insert6 ing ‘‘Chapter 3’’. 

7 (3) Section 810(d) of the Frank LoBiondo Coast 

8 Guard Authorization Act of 2018 (Public Law 115– 

9 282) is amended by striking ‘‘within 30 days after re10 ceiving the notice under subsection (a)(1), the Sec11 retary shall, by not later than 60 days after transmit12 ting such notice,’’ and inserting ‘‘in accordance with13 in subsection (a)(2), the Secretary shall’’. 

14 (4) Section 820(a) of the Frank LoBiondo Coast 

15 Guard Authorization Act of 2018 (Public Law 115– 

16 282) is amended by striking ‘‘years 2018 and’’ and 

17 inserting ‘‘year’’. 

18 (5) Section 820(b)(2) of the Frank LoBiondo 

19 Coast Guard Authorization Act of 2018 (Public Law 

20 115–282) is amended by inserting ‘‘and the Consoli21 dated Appropriations Act, 2018 (Public Law 115– 

22 141)’’ after ‘‘(Public Law 115–31)’’. 

23 (6) Section 821(a)(2) of the Frank LoBiondo 

24 Coast Guard Authorization Act of 2018 (Public Law 

25 115–282) is amended by striking ‘‘Coast Guard AuVerDate Sep 11 2014 01:14 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6203 E:\BILLS\H3409.RH H3409

kjohnson on DSK79L0C42 with BILLS
174 

•HR 3409 RH

1 thorization Act of 2017’’ and inserting ‘‘Frank LoBi2 ondo Coast Guard Authorization Act of 2018’’. 

3 (7) This section shall take effect on the date of 

4 the enactment of the Frank LoBiondo Coast Guard 

5 Authorization Act of 2018 (Public Law 115–282) and 

6 apply as if included therein. 

7 (e) TECHNICAL CORRECTION.—Section 533(d)(2)(A) of 

8 the Coast Guard Authorization Act of 2016 (Public Law 

9 114–120) is amended by striking ‘‘Tract 6’’ and inserting 

10 ‘‘such Tract’’. 

11 (f) DISTANT WATER TUNA FLEET; TECHNICAL COR12 RECTIONS.—Section 421 of the Coast Guard and Maritime 

13 Transportation Act of 2006 (Public Law 109–241) is 

14 amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘Notwithstanding’’ and in17 serting the following: 

18 ‘‘(1) IN GENERAL.—Notwithstanding’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(2) DEFINITION.—In this subsection, the term 

21 ‘treaty area’ has the meaning given the term in the 

22 Treaty on Fisheries Between the Governments of Cer23 tain Pacific Island States and the Government of the 

24 United States of America as in effect on the date of 

25 the enactment of the Coast Guard and Maritime 


kjohnson on DSK79L0C42 with BILLS
175 

•HR 3409 RH

1 Transportation Act of 2006 (Public Law 109–241).’’; 

2 and 

3 (2) in subsection (c)— 

4 (A) by striking ‘‘12.6 or 12.7’’ and inserting 

5 ‘‘13.6’’; and 

6 (B) by striking ‘‘and Maritime Transpor7 tation Act of 2012’’ and inserting ‘‘Authoriza8 tion Act of 2019’’. 

9 SEC. 607. TECHNICAL CORRECTIONS RELATING TO CODI10 FICATION OF PORTS AND WATERWAYS SAFE11 TY ACT. 

12 Effective upon the enactment of section 401 of the 

13 Frank LoBiondo Coast Guard Authorization Act of 2018 

14 (Public Law 115–282), and notwithstanding section 402(e) 

15 of such Act— 

16 (1) section 16 of the Ports and Waterways Safety 

17 Act, as added by section 315 of the Countering Amer18 ica’s Adversaries Through Sanctions Act (Public Law 

19 115–44; 131 Stat. 947)— 

20 (A) is redesignated as section 70022 of title 

21 46, United States Code, transferred to appear 

22 after section 70021 of that title, and amended so 

23 that the enumerator, section heading, typeface, 

24 and typestyle conform to those appearing in 


kjohnson on DSK79L0C42 with BILLS
176 

•HR 3409 RH

1 other sections in title 46, United States Code; 

2 and 

3 (B) as so redesignated and transferred, is 

4 amended— 

5 (i) in subsections (b) and (e), by strik6 ing ‘‘section 4(a)(5)’’ each place it appears 

7 and inserting ‘‘section 70001(a)(5)’’; 

8 (ii) in subsection (c)(2), by striking 

9 ‘‘not later than’’ and all that follows 

10 through ‘‘thereafter,’’ and inserting ‘‘peri11 odically’’; and 

12 (iii) by striking subsection (h); and 

13 (2) chapter 700 of title 46, United States Code, 

14 is amended— 

15 (A) in section 70002(2), by inserting ‘‘or 

16 70022’’ after ‘‘section 70021’’; 

17 (B) in section 70036(e), by inserting ‘‘or 

18 70022’’ after ‘‘section 70021’’; and 

19 (C) in the analysis for such chapter— 

20 (i) by inserting ‘‘Sec.’’ above the sec21 tion items, in accordance with the style and 

22 form of such an entry in other chapter 

23 analyses of such title; and 

24 (ii) by striking the item relating to sec25 tion 70021 and inserting the following: 


kjohnson on DSK79L0C42 with BILLS
177 

•HR 3409 RH

‘‘70021. Conditions for entry to ports in the United States 

‘‘70022. Prohibition on entry and operation’’. 

1 TITLE VII—FEDERAL MARITIME 

2 COMMISSION 

3 SEC. 701. SHORT TITLE. 

4 This title may be cited as the ‘‘Federal Maritime Com5 mission Authorization Act of 2019’’. 

6 SEC. 702. AUTHORIZATION OF APPROPRIATIONS. 

7 Section 308 of title 46, United States Code, is amended 

8 by striking ‘‘$28,012,310 for fiscal year 2018 and 

9 $28,544,543 for fiscal year 2019’’ and inserting 

10 ‘‘$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal 

11 year 2021’’. 

12 TITLE VIII—COAST GUARD 

13 ACADEMY IMPROVEMENT ACT 

14 SEC. 801. SHORT TITLE. 

15 This Act may be cited as the ‘‘Coast Guard Academy 

16 Improvement Act’’. 

17 SEC. 802. COAST GUARD ACADEMY STUDY. 

18 (a) IN GENERAL.—The Secretary of the department in 

19 which the Coast Guard is operating shall seek to enter into 

20 an arrangement with the National Academy of Public Ad21 ministration not later than 60 days after the date of the 

22 enactment of the this Act under which the National Acad23 emy of Public Administration shall— 


kjohnson on DSK79L0C42 with BILLS
178 

•HR 3409 RH

1 (1) conduct an assessment of the cultural com2 petence of the Coast Guard Academy as an organiza3 tion and of individuals at the Coast Guard Academy 

4 to carry out effectively the primary duties of the 

5 United States Coast Guard listed in section 102 of 

6 title 14, United States Code, when interacting with 

7 individuals of different races, ethnicities, genders, re8 ligions, sexual orientations, socioeconomic back9 grounds, or from different geographic origins; and 

10 (2) issue recommendations based upon the find11 ings in such assessment. 

12 (b) ASSESSMENT OF CULTURAL COMPETENCE.— 

13 (1) CULTURAL COMPETENCE OF THE COAST

14 GUARD ACADEMY.—The arrangement described in 

15 subsection (a) shall require the National Academy of 

16 Public Administration to, not later than 1 year after 

17 entering into an arrangement with the Secretary 

18 under subsection (a), submit to the Committee on 

19 Transportation and Infrastructure of the House of 

20 Representatives and the Committee on Commerce, 

21 Science, and Transportation of the Senate the assess22 ment described under subsection (a)(1). 

23 (2) ASSESSMENT SCOPE.—The assessment de24 scribed under subsection (a)(1) shall— 


kjohnson on DSK79L0C42 with BILLS
179 

•HR 3409 RH

1 (A) describe the level of cultural competence 

2 described in subsection (a)(1) based on the Na3 tional Academy of Public Administration’s as4 sessment of the Coast Guard Academy’s relevant 

5 practices, policies, and structures, including an 

6 overview of discussions with faculty, staff, stu7 dents, and relevant Coast Guard Academy affili8 ated organizations; 

9 (B) examine potential changes which could 

10 be used to further enhance such cultural com11 petence by— 

12 (i) modifying institutional practices, 

13 policies, and structures; and 

14 (ii) any other changes deemed appro15 priate by the National Academy of Public 

16 Administration; and 

17 (C) make recommendations to enhance the 

18 cultural competence of the Coast Guard Academy 

19 described in subparagraph (A), including any 

20 specific plans, policies, milestones, performance 

21 measures, or other information necessary to im22 plement such recommendations. 

23 (c) FINAL ACTION MEMORANDUM.—Not later than 

24 three months after submission of the assessment under sec25 tion 802(b)(1), the Commandant of the Coast Guard shall 


kjohnson on DSK79L0C42 with BILLS
180 

•HR 3409 RH

1 submit to the Committee on Transportation and Infrastruc2 ture of the House of Representatives and the Committee on 

3 Commerce, Science, and Transportation of the Senate, a 

4 final action memorandum in response to all recommenda5 tions contained in the assessment. The Final Action Memo6 randum shall include the rationale for accepting, accepting 

7 in part, or rejecting each recommendation, and shall speci8 fy, where applicable, actions to be taken to implement such 

9 recommendations, including an explanation of how each ac10 tion enhances the ability of the Coast Guard to carry out 

11 the primary duties of the United States Coast Guard listed 

12 in section 102 of title 14, United States Code. 

13 (d) PLAN.— 

14 (1) IN GENERAL.—Not later than six months 

15 after the date of the submission of the final action 

16 memorandum required under subsection (c), the Com17 mandant of the Coast Guard, in coordination with 

18 the Chief Human Capital Officer of the Department 

19 of Homeland Security, shall submit a plan to carry 

20 out the recommendations or the parts of the rec21 ommendations accepted in the Final Action Memo22 randum to the Committee on Transportation and In23 frastructure of the House of Representatives and the 

24 Committee on Commerce, Science, and Transpor25 tation of the Senate. 


kjohnson on DSK79L0C42 with BILLS
181 

•HR 3409 RH

1 (2) STRATEGY WITH MILESTONES.—If any rec2 ommendation or parts of recommendations accepted 

3 in the Final Action Memorandum address any of the 

4 following actions, then the plan required in para5 graph (1) shall include a strategy with appropriate 

6 milestones to carry out such recommendations or 

7 parts of recommendations: 

8 (A) Improve outreach and recruitment of a 

9 more diverse Coast Guard Academy cadet can10 didate pool based on race, ethnicity, gender, reli11 gion, sexual orientation, socioeconomic back12 ground, and geographic origin. 

13 (B) Modify institutional structures, prac14 tices, and policies to foster a more diverse cadet 

15 corps body, faculty, and staff workforce based on 

16 race, ethnicity, gender, religion, sexual orienta17 tion, socioeconomic background, and geographic 

18 origin. 

19 (C) Modify existing or establish new policies 

20 and safeguards to foster the retention of cadets, 

21 faculty, and staff of different races, ethnicities, 

22 genders, religions, sexual orientations, socio23 economic backgrounds, and geographic origins at 

24 the Coast Guard Academy. 


kjohnson on DSK79L0C42 with BILLS
182 

•HR 3409 RH

1 (D) Restructure the admissions office of the 

2 Coast Guard Academy to be headed by a civilian 

3 with significant relevant higher education re4 cruitment experience. 

5 (3) IMPLEMENTATION.—Unless otherwise di6 rected by an Act of Congress, the Commandant of the 

7 Coast Guard shall begin implementation of the plan 

8 developed under this subsection not later than 180 

9 days after the submission of such plan to Congress. 

10 (4) UPDATE.—The Commandant of the Coast 

11 Guard shall include in the first annual report re12 quired under chapter 51 of title 14, United States 

13 Code, as amended by this Act, submitted after the 

14 date of enactment of this section, the strategy with 

15 milestones required in paragraph (2) and shall report 

16 annually thereafter on actions taken and progress 

17 made in the implementation of such plan. 

18 SEC. 803. ANNUAL REPORT. 

19 (a) IN GENERAL.—Chapter 51 of title 14, United 

20 States Code, is amended by adding at the end the following: 

21 ‘‘§ 5112. Report on diversity at the Coast Guard Acad22 emy 

23 ‘‘(a) IN GENERAL.—Not later than January 15, 2021, 

24 and annually thereafter, the Commandant shall submit a 

25 report on diversity at the Coast Guard Academy to the 


kjohnson on DSK79L0C42 with BILLS
183 

•HR 3409 RH

1 Committee on Transportation and Infrastructure of the 

2 House of Representatives and the Committee on Commerce, 

3 Science, and Transportation of the Senate. 

4 ‘‘(b) CONTENTS.—The report required under sub5 section (a) shall include— 

6 ‘‘(1) the status of the implementation of the plan 

7 required section 802 of the Coast Guard Academy Im8 provement Act; 

9 ‘‘(2) specific information on outreach and re10 cruitment activities for the preceding year, including 

11 the effectiveness of the Coast Guard Academy Minor12 ity Outreach Team Program described under section 

13 1905 and of outreach and recruitment activities in 

14 the territories and other possessions of the United 

15 States; 

16 ‘‘(3) enrollment information about the incoming 

17 class, including the gender, race, ethnicity, religion, 

18 socioeconomic background, and State of residence of 

19 Coast Guard Academy cadets; 

20 ‘‘(4) information on class retention, outcomes, 

21 and graduation rates, including the race, gender, eth22 nicity, religion, socioeconomic background, and State 

23 of residence of Coast Guard Academy cadets; and 

24 ‘‘(5) information on efforts to retain diverse ca25 dets, including through professional development and 


kjohnson on DSK79L0C42 with BILLS
184 

•HR 3409 RH

1 professional advancement programs for staff and fac2 ulty.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chapter 

4 51 of title 14, United States Code, is amended by adding 

5 at the end the following: 

‘‘5112. Report on diversity at the Coast Guard Academy.’’. 

6 SEC. 804. ASSESSMENT OF COAST GUARD ACADEMY ADMIS7 SION PROCESSES. 

8 (a) IN GENERAL.—The Secretary of the department in 

9 which the Coast Guard is operating shall seek to enter into 

10 an arrangement with the National Academy of Public Ad11 ministration under which the National Academy of Public 

12 Administration shall, not later than 1 year after submitting 

13 an assessment under section 802(a), submit an assessment 

14 of the Coast Guard Academy admissions process to the Com15 mittee on Transportation and Infrastructure of the House 

16 of Representatives and the Committee on Commerce, 

17 Science, and Transportation of the Senate. 

18 (b) ASSESSMENT SCOPE.—The assessment required to 

19 be sought under subsection (a) shall, at a minimum, in20 clude— 

21 (1) a study, or an audit if appropriate, of the 

22 process the Coast Guard Academy uses to— 

23 (A) identify candidates for recruitment; 

24 (B) recruit applicants; 


kjohnson on DSK79L0C42 with BILLS
185 

•HR 3409 RH

1 (C) assist applicants in the application 

2 process; 

3 (D) evaluate applications; and 

4 (E) make admissions decisions; 

5 (2) discussion of the consideration during the ad6 missions process of diversity, including— 

7 (A) race; 

8 (B) ethnicity; 

9 (C) gender; 

10 (D) religion; 

11 (E) sexual orientation; 

12 (F) socioeconomic background; and 

13 (G) geographic origin; 

14 (3) an overview of the admissions processes at 

15 other Federal service academies, including— 

16 (A) discussion of consideration of diversity, 

17 including any efforts to attract a diverse pool of 

18 applicants, in those processes; and 

19 (B) an analysis of how the congressional 

20 nominations requirement in current law related 

21 to military service academies and the Merchant 

22 Marine Academy impacts those processes and the 

23 overall demographics of the student bodies at 

24 those academies; 


kjohnson on DSK79L0C42 with BILLS
186 

•HR 3409 RH

1 (4) a determination regarding how a congres2 sional nominations requirement for Coast Guard 

3 Academy admissions could impact diversity among 

4 the student body and the ability of the Coast Guard 

5 to carry out effectively the Service’s primary duties 

6 described in section 102 of title 14, United States 

7 Code; and 

8 (5) recommendations for improving Coast Guard 

9 Academy admissions processes, including whether a 

10 congressional nominations process should be inte11 grated into such processes. 

12 SEC. 805. COAST GUARD ACADEMY MINORITY OUTREACH 

13 TEAM PROGRAM. 

14 (a) IN GENERAL.—Chapter 19 of title 14, United 

15 States Code, is amended by inserting after section 1904 the 

16 following: 

17 ‘‘§ 1905. Coast Guard Academy minority outreach pro18 gram 

19 ‘‘(a) IN GENERAL.—There is established within the 

20 Coast Guard Academy a minority outreach team program 

21 (in this section referred to as the ‘Program’ ) under which 

22 officers, including minority officers and officers from terri23 tories and other possessions of the United States, who are 

24 Academy graduates may volunteer their time to recruit miVerDate Sep 11 2014 01:14 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6203 E:\BILLS\H3409.RH H3409

kjohnson on DSK79L0C42 with BILLS
187 

•HR 3409 RH

1 nority students and strengthen cadet retention through 

2 mentorship of cadets. 

3 ‘‘(b) ADMINISTRATION.—Not later than July 15, 2020, 

4 the Commandant, in consultation with Program volunteers 

5 and Academy alumni that participated in prior programs 

6 at the Academy similar to the Program, shall appoint a 

7 permanent civilian position at the Academy to administer 

8 the Program by, among other things— 

9 ‘‘(1) overseeing administration of the Program; 

10 ‘‘(2) serving as a resource to volunteers and out11 side stakeholders; 

12 ‘‘(3) advising Academy leadership on recruit13 ment and retention efforts based on recommendations 

14 from volunteers and outside stakeholders; 

15 ‘‘(4) establishing strategic goals and performance 

16 metrics for the Program with input from active vol17 unteers and Academy leadership; and 

18 ‘‘(5) reporting annually to the Commandant on 

19 academic year and performance outcomes of the goals 

20 for the Program before the end of each academic 

21 year.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for chapter 

23 19 of title 14, United States Code, is amended by inserting 

24 after the item relating to section 1904 the following: 

‘‘1905. Coast Guard Academy minority outreach team program.’’. 


kjohnson on DSK79L0C42 with BILLS
188 

•HR 3409 RH

1 SEC. 806. COAST GUARD COLLEGE STUDENT PRE-COMMIS2 SIONING INITIATIVE. 

3 (a) IN GENERAL.—Subchapter I of chapter 21 of title 

4 14, United States Code, is amended by adding at the end 

5 the following: 

6 ‘‘§ 2131. College student pre-commissioning initiative 

7 ‘‘(a) IN GENERAL.—There is authorized within the 

8 Coast Guard the College Student Pre-Commissioning Ini9 tiative program (in this section referred to as the ‘program’) 

10 for eligible undergraduate students to enlist and receive a 

11 guaranteed commission as an officer in the Coast Guard. 

12 ‘‘(b) CRITERIA FOR SELECTION.—To be eligible for the 

13 program a student must meet the following requirements 

14 upon submitting an application: 

15 ‘‘(1) AGE.—A student must be not less than 19 

16 years old and not more than 27 years old as of Sep17 tember 30 of the fiscal year in which the program se18 lection panel selecting such student convenes. 

19 ‘‘(2) CHARACTER.— 

20 ‘‘(A) ALL APPLICANTS.—All applicants 

21 must be of outstanding moral character and meet 

22 other character requirements as set forth by the 

23 Commandant. 

24 ‘‘(B) COAST GUARD APPLICANTS.—An ap25 plicant serving in the Coast Guard may not be 

26 commissioned if in the 36 months prior to the 


kjohnson on DSK79L0C42 with BILLS
189 

•HR 3409 RH

1 first Officer Candidate School class convening 

2 date in the selection cycle, such applicant was 

3 convicted by a court-martial or awarded non-ju4 dicial punishment, or did not meet performance 

5 or character requirements set forth by the Com6 mandant. 

7 ‘‘(3) CITIZENSHIP.—A student must be a United 

8 States citizen. 

9 ‘‘(4) CLEARANCE.—A student must be eligible for 

10 a secret clearance. 

11 ‘‘(5) DEPENDENCY.— 

12 ‘‘(A) A student may not have more than 2 

13 dependents; and 

14 ‘‘(B) A student who is single may not have 

15 sole or primary custody of dependents. 

16 ‘‘(6) EDUCATION.— 

17 ‘‘(A) INSTITUTION.—A student must be an 

18 undergraduate sophomore or junior— 

19 ‘‘(i) at a historically Black college or 

20 university described in section 322(2) of the 

21 Higher Education Act of 1965 (20 U.S.C. 

22 1061(2)) or an institution of higher edu23 cation described in section 371(a) of the 

24 Higher Education Act of 1965 (20 U.S.C. 

25 1067q(a)); or 


kjohnson on DSK79L0C42 with BILLS
190 

•HR 3409 RH

1 ‘‘(ii) who is active in minority-serving 

2 organizations and pursuing a degree in 

3 science, technology, engineering, or mathe4 matics at an institution of higher education 

5 described in section 101 of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1001) that is 

7 not a historically Black college or university 

8 or institution of higher education referred to 

9 in clause (i) of this subparagraph. 

10 ‘‘(B) LOCATION.—The institution at which 

11 such student is an undergraduate must be within 

12 100 miles of a Coast guard unit or Coast Guard 

13 Recruiting Office unless otherwise approved by 

14 the Commandant. 

15 ‘‘(C) RECORDS.—A student must meet cred16 it and grade point average requirements set forth 

17 by the Commandant. 

18 ‘‘(7) MEDICAL AND ADMINISTRATIVE.—A student 

19 must meet other medical and administrative require20 ments as set forth by the Commandant. 

21 ‘‘(c) ENLISTMENT AND OBLIGATION.—Individuals se22 lected and accept to participate in the program shall enlist 

23 in the Coast Guard in pay grade E–3 with a four year 

24 duty obligation and four year inactive Reserve obligation. 


kjohnson on DSK79L0C42 with BILLS
191 

•HR 3409 RH

1 ‘‘(d) MILITARY ACTIVITIES PRIOR TO OFFICER CAN2 DIDATE SCHOOL.—Individuals enrolled in the program 

3 shall participate in military activities each month, as re4 quired by the Commandant, prior to attending Officer Can5 didate School. 

6 ‘‘(e) PARTICIPATION IN OFFICER CANDIDATE

7 SCHOOL.—Each graduate of the program shall attend the 

8 first enrollment of Officer Candidate School that commences 

9 after the date of such graduate’s graduation. 

10 ‘‘(f) COMMISSIONING.—Upon graduation from Officer 

11 Candidate School, program graduates shall be discharged 

12 from enlisted status and commissioned as an O–1 with an 

13 initial three-year duty obligation. 

14 ‘‘(g) BRIEFING.— 

15 ‘‘(1) IN GENERAL.—Not later than August 15 of 

16 each year, the Commandant shall provide a briefing 

17 to the Committee on Transportation and Infrastruc18 ture of the House of Representatives and the Com19 mittee on Commerce, Science, and Transportation of 

20 the Senate on the College Student Pre-Commissioning 

21 Initiative. 

22 ‘‘(2) CONTENTS.—The briefing required under 

23 paragraph (1) shall describe— 

24 ‘‘(A) outreach and recruitment efforts over 

25 the previous year; and 


kjohnson on DSK79L0C42 with BILLS
192 

•HR 3409 RH

1 ‘‘(B) demographic information of enrollees 

2 including— 

3 ‘‘(i) race; 

4 ‘‘(ii) ethnicity; 

5 ‘‘(iii) gender; 

6 ‘‘(iv) geographic origin; and 

7 ‘‘(v) educational institution.’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for sub9 chapter I of chapter 21 of title 14, United States Code, is 

10 amended by adding at the end the following: 

‘‘2131. College Student Pre-Commissioning Initiative.’’. 

11 SEC. 807. ANNUAL BOARD OF VISITORS. 

12 Section 1903(d) of title 14, United States Code, is 

13 amended— 

14 (1) by redesignating paragraphs (2) through (6) 

15 as paragraphs (3) through (7), respectively; and 

16 (2) by inserting after paragraph (1) the fol17 lowing: 

18 ‘‘(2) recruitment and retention;’’. 


kjohnson on DSK79L0C42 with BILLS

kjohnson on DSK79L0C42 with BILLS
Union Calendar No. 132 

116TH CONGRESS 

1ST SESSION H. R. 3409 

[Report No. 116–172] 

A BILL 

To authorize appropriations for the Coast Guard, 

and for other purposes. 

JULY 23, 2019 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


kjohnson on DSK79L0C42 with BILLS