II 

Calendar No. 226 

116TH CONGRESS 

1ST SESSION S. 2297 

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

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2019 

Mr. SULLIVAN (for himself, Mr. WICKER, Ms. CANTWELL, and Mr. MARKEY) 

introduced the following bill; which was read twice and referred to the 

Committee on Commerce, Science, and Transportation 

SEPTEMBER 26, 2019 

Reported by Mr. WICKER, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To authorize appropriations for the Coast Guard, and for 

other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Coast Guard Authorization Act of 2019’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definition. 

TITLE I—AUTHORIZATIONS 

Sec. 101. Authorizations of appropriations. 

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

Sec. 103. Vessel safety standards. 

Sec. 104. Availability of amounts for acquisition of additional National Security 

Cutter. 

Sec. 105. Procurement authority for polar security cutters. 

TITLE II—COAST GUARD 

Subtitle A—Military Personnel Matters 

Sec. 201. Authority for officers to opt out of promotion board consideration. 

Sec. 202. Temporary promotion authority for officers in certain grades with 

critical skills. 

Sec. 203. Grade on retirement. 

Sec. 204. Career intermission program. 

Sec. 205. Direct commissioning authority for individuals with critical skills. 

Sec. 206. Renewal of temporary early retirement authority. 

Sec. 207. Strategy on leadership of the Coast Guard. 

Sec. 208. Support of women serving in the Coast Guard. 

Sec. 209. Policy on expedited transfer of members of the Coast Guard in cases 

of sexual assault of dependents of members. 

Sec. 210. Due process protections for investigations, disciplinary actions, and 

sanctions under Coast Guard Academy policy on sexual harassment and sexual violence. 

Sec. 211. Consideration by Board of Visitors of the Coast Guard Academy of the 

state of diversity and inclusion at the Coast Guard Academy. 

Subtitle B—Organization and Management Matters 

Sec. 221. Continuation of Coast Guard pay during lapse in appropriations. 

Sec. 222. Authority to enter into agreements with National Coast Guard Museum Association. 

Sec. 223. Research projects; transactions other than contracts and grants. 

Sec. 224. Support of elementary and secondary education in science, mathematics, and technology. 

Sec. 225. Limitations on claims. 

Sec. 226. Acquisition workforce authorities. 

Sec. 227. Resolution by Chief Acquisition Officer of acquisition disputes elevated to the Officer. 

Sec. 228. Vessel conversion, alteration, and repair projects. 

Sec. 229. Coast Guard Housing Fund. 

Sec. 230. Operation and sustainment costs in major long-term acquisition 

plans. 

Sec. 231. Port, harbor, and coastal facility security. 

Sec. 232. Access to resources during creosote-related building closures at Coast 

Guard Base Seattle, Washington. 

Sec. 233. Southern resident orca conservation and enforcement. 

Sec. 234. Briefing on policy on issuance of warrants and subpoenas and whistleblower protections by agents of the Coast Guard Investigative Service. 


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Sec. 234. Sense of Congress and report on implementation of policy on issuance 

of warrants and subpoenas and whistleblower protections by 

agents of the Coast Guard Investigative Service. 

Sec. 235. Procurement authority for heavy Great Lakes Icebreaker. 

Sec. 236. Consideration of impact of Hurricane Michael in modification of construction contracts for Offshore Patrol Cutters. 

Sec. 237. Inspector General report on access to Equal Opportunity Advisors and 

Equal Employment Opportunity Specialists. 

Subtitle C—Access to Child Care for Coast Guard Families 

Sec. 241. Report on child care and school age care assistance for qualified families. 

Sec. 242. Review of family support services website and online tracking system. 

Sec. 243. Study and survey on Coast Guard child care needs. 

Sec. 244. Pilot program to expand access to child care. 

Sec. 245. Improvements to Coast Guard-owned family housing. 

Sec. 246. Briefing on transfer of family child care provider qualifications and 

certifications. 

Sec. 247. Employees of Coast Guard child development centers. 

Sec. 248. Inspections of Coast Guard child development centers and family 

child care providers. 

Sec. 249. Expanding opportunities for family child care. 

Sec. 250. Definitions. 

Subtitle D—Reports 

Sec. 261. Modifications of certain reporting requirements. 

Sec. 262. Report on cybersecurity workforce. 

Sec. 263. Report on navigation and bridge resource management. 

Sec. 264. Report on the Arctic capabilities of the Armed Forces. 

Sec. 265. Report on Arctic search and rescue. 

Sec. 266. Report on helicopter life cycle support and recapitalization. 

Sec. 267. Report on response to racial discrimination at the Coast Guard Academy. 

Sec. 268. Report on Coast Guard response capabilities for cyber incidents on 

vessels entering ports or waters of the United States. 

Sec. 269. Study and report on Coast Guard interdiction of illicit drugs in the 

transit zones. 

Sec. 270. Report on effects of extreme weather and related events on the Coast 

Guard. 

Sec. 271. Comptroller General of the United States report on Certificate of 

Compliance inspection program with respect to vessels that 

carry bulk liquified gases as cargo and liquefied natural gas 

tank vessels. 

Sec. 272. Comptroller General of the United States review and report on the 

Coast Guard’s International Port Security Program. 

Sec. 273. Comptroller General of the United States review and report on the 

surge capacity of the Coast Guard. 

Sec. 274. Comptroller General of the United States review and report on the 

marine inspections program of the Coast Guard. 

Sec. 275. Comptroller General of the United States review and report on the 

information technology program of the Coast Guard. 

Sec. 276. Comptroller General of the United States study and report on access 

to health care by members of the Coast Guard and dependents. 


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Sec. 277. Comptroller General of the United States study and report on medical staffing standards and needs for the Coast Guard. 

Sec. 278. Comptroller General of the United States study and report on vertical 

evacuation for tsunamis at Coast Guard Station Grays Harbor, 

Washington. 

Subtitle E—Other Matters 

Sec. 291. Technical corrections. 

TITLE III—MARITIME 

Sec. 301. Electronic charts; equivalency. 

Sec. 302. Common appropriation structure. 

Sec. 303. Alternate safety compliance program exception for certain vessels. 

Sec. 304. License exemptions; repeal of obsolete provisions. 

Sec. 305. Small passenger vessels and uninspected passenger vessels. 

Sec. 306. National Offshore Safety Advisory Committee; representation. 

Sec. 307. National Maritime Transportation System Advisory Committee. 

Sec. 308. Security plans; reviews. 

Sec. 309. Ice patrol; payments. 

Sec. 310. Great Lakes pilotage advisory committee extension. 

Sec. 310. Great Lakes Pilotage Advisory Committee. 

Sec. 311. Report on liability limits applicable to the Coast Guard. 

Sec. 312. Authority to waive operator of self-propelled uninspected passenger 

vessel requirements. 

Sec. 313. Towing vessel inspections; user fees. 

TITLE IV—MISCELLANEOUS 

Sec. 401. Common appropriation structure. 

Sec. 402. Improved employment assistance. 

Sec. 403. Unmanned maritime systems. 

Sec. 404. Unmanned aircraft systems testing. 

Sec. 405. Report of determination; technical correction. 

Sec. 406. Towing vessels operating outside the boundary line. 

Sec. 407. Repeal of Caribbean support tender authorization. 

Sec. 408. Fairways. 

Sec. 409. Nonoperating individuals. 

Sec. 409. Sense of Congress regarding the maritime industry of the United States. 

Sec. 410. Abandoned seafarers fund amendments. 

Sec. 411. Conforming amendments: training; public safety personnel. 

Sec. 412. Accident and incident notification. 

Sec. 413. Subrogated claims. 

Sec. 414. Use of engine cut-off switch links. 

Sec. 415. Equivalency authority. 

Sec. 416. Arctic PARS Native engagement. 

Sec. 417. Authorization of use of automatic identification systems devices to 

mark fishing equipment. 

Sec. 418. Direct hire authority for certain competitive service positions in the 

Department of Homeland Security. 

Sec. 419. National policy, performance evaluations, and research regarding vessel traffic service centers. 

Sec. 420. Replacement vessel. 

Sec. 421. Limited indemnity provisions in standby oil spill response contracts. 


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Sec. 422. United States commercial space-based radio frequency maritime domain awareness testing and evaluation program. 

Sec. 423. Exemption of commercial fishing vessels operating in the Alaskan Region from the Global Marine Distress and Safety Service requirements of the Federal Communications Commission. 

Sec. 424. Educational vessel. 

Sec. 425. Conveyance of Coast Guard real property at Point Spencer, Alaska. 

Sec. 425. Conveyance of Coast Guard real property at Point Spencer, Alaska. 

Sec. 426. Coast Guard shore infrastructure improvement. 

Sec. 427. Coast Guard Arctic prioritization. 

Sec. 428. National Commercial Fishing Safety Advisory Committee. 

Sec. 429. Oil pollution research and development program. 

Sec. 430. Medical standards. 

Sec. 431. Northern Michigan oil spill response planning. 

Sec. 432. Land-based unmanned aircraft system program of the Coast Guard. 

Sec. 433. Prohibition on operation or procurement of foreign-made unmanned 

aircraft systems. 

Sec. 434. Voting requirement. 

TITLE V—FEDERAL MARITIME COMMISSION 

Sec. 501. Short title. 

Sec. 502. Authorization of appropriations. 

1 SEC. 2. DEFINITION. 

2 In this Act, the term ‘‘Commandant’’ means the 

3 Commandant of the Coast Guard. 

4 TITLE I—AUTHORIZATIONS 

5 SEC. 101. AUTHORIZATIONS OF APPROPRIATIONS. 

6 Section 4902 of title 14, United States Code, is 

7 amended— 

8 (1) in paragraph (1)— 

9 (A) in subparagraph (A), by striking ‘‘pro10 vided for, $7,914,195,000 for fiscal year 2019.’’ 

11 and inserting ‘‘provided for— 

12 ‘‘(i) $8,801,620,850 for fiscal year 2020; and 

13 ‘‘(ii) $8,396,169,475 for fiscal year 2021.’’; 


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1 (B) in subparagraph (B), by striking ‘‘sub2 paragraph (A)’’ in the matter preceding clause 

3 (i) and inserting ‘‘subparagraph (A)(i)’’; and 

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

5 ‘‘(C) Of the amount authorized under subpara6 graph (A)(ii)— 

7 ‘‘(i) $17,119,000 shall be for environ8 mental compliance and restoration; and 

9 ‘‘(ii) $204,344,000 shall be for the con10 tribution of the Coast Guard to the Department 

11 of Defense Medicare-Eligible Retiree Health 

12 care Fund.’’; 

13 (2) in paragraph (2), by striking ‘‘and equip14 ment, $2,694,745,000 for fiscal year 2019.’’ and in15 serting ‘‘and equipment— 

16 ‘‘(A) $2,694,745,000 for fiscal year 2020; 

17 and 

18 ‘‘(B) $2,762,114,000 for fiscal year 

19 2021.’’; and 

20 (3) in paragraph (3), by striking ‘‘and equip21 ment, $29,141,000 for fiscal year 2019.’’ and insert22 ing ‘‘and equipment— 

23 ‘‘(A) $29,141,000 for fiscal year 2020; and 

24 ‘‘(B) $29,870,000 for fiscal year 2021.’’. 


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1 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

2 AND TRAINING. 

3 Section 4904 of title 14, United States Code, is 

4 amended— 

5 (1) in subsection (a), by striking ‘‘43,000 for 

6 fiscal year 2018 and 44,500 for fiscal year 2019’’ 

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

8 and 2021’’; and 

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

10 2018 and 2019’’ and inserting ‘‘fiscal years 2020 

11 and 2021’’. 

12 SEC. 103. VESSEL SAFETY STANDARDS. 

13 (a) FISHING SAFETY TRAINING GRANTS PRO14 GRAM.—Subsection (i) of section 4502 of title 46, United 

15 States Code, is amended— 

16 (1) in paragraph (3), by striking ‘‘50 percent’’ 

17 and inserting ‘‘75 percent’’; and 

18 (2) in paragraph (4), by striking ‘‘2019’’ and 

19 inserting ‘‘2021’’. 

20 (b) FISHING SAFETY RESEARCH GRANT PRO21 GRAM.—Subsection (j) of such section is amended— 

22 (1) in paragraph (3), by striking ‘‘50 percent’’ 

23 and inserting ‘‘75 percent’’; and 

24 (2) in paragraph (4), by striking ‘‘2019’’ and 

25 inserting ‘‘2021’’. 


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1 (c) FISHING SAFETY GRANTS.—The cap on the Federal 

2 share of the cost of any activity carried out with a grant 

3 under subsections (i) and (j) of section 4502 of title 46, 

4 United States Code, as in effect prior to the date of enact5 ment of the Frank LoBiondo Coast Guard Authorization 

6 Act of 2018, shall apply to any funds appropriated under 

7 the Consolidated Appropriations Act, 2017 (Public Law 

8 115–31) for the purpose of making such grants. 

9 SEC. 104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF 

10 ADDITIONAL NATIONAL SECURITY CUTTER. 

11 (a) IN GENERAL.—Of the aggregate amount author12 ized to be appropriated for fiscal years 2020 and 2021 

13 by section 4902(2) of title 14, United States Code, as 

14 amended by section 101 of this Act, $650,000,000 is au15 thorized to be available for the acquisition of a National 

16 Security Cutter. 

17 (b) TREATMENT OF ACQUIRED CUTTER.—Any Cut18 ter acquired using amounts available pursuant to sub19 section (a) shall be in addition to the National Security 

20 Cutters approved under the existing acquisition baseline 

21 in the program of record for the National Security Cutter. 

22 SEC. 105. PROCUREMENT AUTHORITY FOR POLAR SECU23 RITY CUTTERS. 

24 (a) IN GENERAL.—For fiscal year 2020 and each fis25 cal year thereafter, the Secretary of the department in 


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1 which the Coast Guard is operating shall enter into one 

2 or more contracts for the procurement of not fewer than 

3 three heavy polar security cutters and three medium polar 

4 security cutters and the associated equipment for such 

5 polar security cutters. 

6 (b) FUNDING.—Of the amounts made available for 

7 fiscal years 2020 and 2021 by this Act, not less than 

8 $745,000,000 shall be available for each heavy polar secu9 rity cutter authorized to be procured in such fiscal years. 

10 (c) PROHIBITION ON CONTRACTS OR USE OF FUNDS

11 FOR DEVELOPMENT OF COMMON HULL DESIGN.—Not12 withstanding any other provision of law, the Secretary of 

13 the department in which the Coast Guard is operating 

14 may not enter into any contract for, and no funds shall 

15 be obligated or expended on, the development of a common 

16 hull design for medium polar security cutters and Great 

17 Lakes icebreakers. 

18 TITLE II—COAST GUARD 

19 Subtitle A—Military Personnel 

20 Matters 

21 SEC. 201. AUTHORITY FOR OFFICERS TO OPT OUT OF PRO22 MOTION BOARD CONSIDERATION. 

23 (a) ACTIVE-DUTY LIST OFFICERS.—Section 2113 of 

24 title 14, United States Code, is amended— 


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1 (1) by striking ‘‘he’’ each place it appears and 

2 inserting ‘‘the officer’’; 

3 (2) by striking ‘‘his’’ each place it appears and 

4 inserting ‘‘the officer’s’’; 

5 (3) in subsection (c), by striking ‘‘him’’ and in6 serting ‘‘the officer’’; and 

7 (4) 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, be excluded from consideration by a selec11 tion board convened under 2106 of this title to consider 

12 officers for promotion to the next higher grade. 

13 ‘‘(2) The Commandant may only approve a request 

14 under paragraph (1) if— 

15 ‘‘(A) the basis for the request is to allow an of16 ficer to complete a broadening assignment, advanced 

17 education, a unique personal or professional goal, or 

18 another assignment of significant value to the Coast 

19 Guard, or a career progression requirement delayed 

20 by the assignment, education, or goal; 

21 ‘‘(B) the Commandant determines the exclusion 

22 from consideration is in the best interest of the 

23 Coast Guard; and 


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

3 requests the exclusion from consideration.’’. 

4 (b) RESERVE ACTIVE-STATUS LIST OFFICERS.—The 

5 text of section 3743 of title 14, United States Code, is 

6 amended to read as follows: 

7 ‘‘(a) IN GENERAL.—A Reserve officer is eligible for 

8 consideration for promotion and for promotion under this 

9 subchapter, if that officer is in an active status. 

10 ‘‘(b) INELIGIBILITY.—A Reserve officer who has been 

11 considered but not recommended for retention in an active 

12 status by a board convened under section 3752(a) of this 

13 title, is not eligible for consideration for promotion. 

14 ‘‘(c) AUTHORITY TO OPT OUT OF PROMOTION

15 BOARD CONSIDERATION.— 

16 ‘‘(1) IN GENERAL.—The Commandant may pro17 vide that an officer may, upon the officer’s request, 

18 be excluded from consideration by a selection board 

19 convened under section 3740(b) of this title to con20 sider officers for promotion to the next higher grade. 

21 ‘‘(2) REQUIREMENTS.—The Commandant may 

22 only approve a request under paragraph (1) if— 

23 ‘‘(A) the basis for the request is to allow 

24 an officer to complete a broadening assignment, 

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1 fessional goal, or another assignment of signifi2 cant value to the Coast Guard, or a career pro3 gression requirement delayed by the assign4 ment, education, or goal; 

5 ‘‘(B) the Commandant determines the ex6 clusion from consideration is in the best inter7 est of the Coast Guard; and 

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

9 selection for promotion to the grade for which 

10 the officer requests the exclusion from consider11 ation.’’. 

12 SEC. 202. TEMPORARY PROMOTION AUTHORITY FOR OFFI13 CERS IN CERTAIN GRADES WITH CRITICAL 

14 SKILLS. 

15 (a) IN GENERAL.—Subchapter I of chapter 21 of title 

16 14, United States Code, is amended by adding at the end 

17 the following: 

18 ‘‘§ 2130. Promotion to certain grades for officers with 

19 critical skills; captain, commander, lieu20 tenant commander, lieutenant 

21 ‘‘(a) IN GENERAL.—An officer in the grade of lieu22 tenant (junior grade), lieutenant, lieutenant commander, 

23 or commander, who is described in subsection (b) may be 

24 temporarily promoted to the grade of lieutenant, lieuten25 ant commander, commander, or captain under regulations 


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1 prescribed by the Secretary. Appointments under this sec2 tion shall be made by the President, by and with the advice 

3 and consent of the Senate. 

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

5 this subsection is any officer in a grade specified in sub6 section (a) who— 

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

8 a critical shortage of personnel (as determined by 

9 the Secretary); and 

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

11 the Secretary) that— 

12 ‘‘(A) is designated to be held by a lieuten13 ant, lieutenant commander, commander, or cap14 tain; and 

15 ‘‘(B) requires that an officer serving in 

16 such position have the skill possessed by such 

17 officer. 

18 ‘‘(c) PRESERVATION OF POSITION AND STATUS OF

19 OFFICERS APPOINTED.—(1) The temporary positions au20 thorized by this section shall not be counted among or in21 cluded in the list of positions on the active duty promotion 

22 list. 

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

24 change the position on the active-duty promotion list or 

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1 cer so appointed, prejudice the officer in regard to other 

2 promotions or appointments, or abridge the rights or bene3 fits of the officer. 

4 ‘‘(d) BOARD RECOMMENDATION REQUIRED.—A tem5 porary promotion under this section may be made only 

6 upon the recommendation of a board of officers convened 

7 by the Secretary for the purpose of recommending officers 

8 for such promotions. 

9 ‘‘(e) ACCEPTANCE AND EFFECTIVE DATE OF AP10 POINTMENT.—Each appointment under this section, un11 less expressly declined, is, without formal acceptance, re12 garded as accepted on the date such appointment is made, 

13 and a member so appointed is entitled to the pay and al14 lowances of the grade of the temporary promotion under 

15 this section from the date the appointment is made. 

16 ‘‘(f) TERMINATION OF APPOINTMENT.—Unless soon17 er terminated, an appointment under this section termi18 nates— 

19 ‘‘(1) on the date the officer who received the 

20 appointment is promoted to the permanent grade of 

21 lieutenant, lieutenant commander, commander, or 

22 captain; 

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

24 position described in subsection (b)(2), unless the of25 ficer is on a promotion list to the permanent grade 


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1 of lieutenant, lieutenant commander, commander, or 

2 captain, in which case the appointment terminates 

3 on the date the officer is promoted to that grade; 

4 ‘‘(3) if the officer is determined to have en5 gaged in misconduct or displayed substandard per6 formance in the position concerned; or 

7 ‘‘(4) when otherwise determined by the Com8 mandant to be in the best interests of the Coast 

9 Guard. 

10 ‘‘(g) LIMITATION ON NUMBER OF ELIGIBLE POSI11 TIONS.—An appointment under this section may only be 

12 made for service in a position designated by the Secretary 

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

14 so designated may not exceed the following: 

15 ‘‘(1) As lieutenant, the number equal to 0.2 

16 percent of the authorized number of lieutenants in 

17 the Coast Guard as of the end of the fiscal year in 

18 which the appointment is made. 

19 ‘‘(2) As lieutenant commander, the number 

20 equal to 0.6 percent of the authorized number of 

21 lieutenant commanders in the Coast Guard as of the 

22 end of the fiscal year in which the appointment is 

23 made. 

24 ‘‘(3) As commander, the number equal to 0.3 

25 percent of the authorized number of commanders in 


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1 the Coast Guard as of the end of the fiscal year in 

2 which the appointment is made. 

3 ‘‘(4) As captain, the number equal to 0.15 per4 cent of the authorized number of captains in the 

5 Coast Guard as of the end of the fiscal year in which 

6 the appointment is made.’’. 

7 (b) ANALYSIS FOR CHAPTER 21.—The analysis for 

8 chapter 21 of title 14, United States Code, is amended 

9 by inserting after the item relating to section 2129 the 

10 following: 

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

11 SEC. 203. GRADE ON RETIREMENT. 

12 (a) RETIREMENT OF COMMANDANT OR VICE COM13 MANDANT.—Section 303 of title 14, United States Code, 

14 is amended by adding at the end the following: 

15 ‘‘(d) Retirement under this section is subject to sec16 tion 2501(a) of this title.’’. 

17 (b) RETIREMENT.—Section 306 of title 14, United 

18 States Code, is amended— 

19 (1) in subsection (a), by inserting ‘‘satisfac20 torily, as determined under section 2501 of this 

21 title’’ before the period; 

22 (2) in subsection (b), by inserting ‘‘satisfac23 torily, as determined under section 2501 of this 

24 title’’ before the period; and 


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1 (3) in subsection (c), by inserting ‘‘if perform2 ance of duties in such grade is determined to have 

3 been satisfactory pursuant to section 2501 of this 

4 title’’ before the period. 

5 (c) GRADE ON RETIREMENT.—Section 2501 of title 

6 14, United States Code, is amended— 

7 (1) in subsection (a)— 

8 (A) by striking ‘‘Any commissioned officer, 

9 other than a commissioned warrant officer,’’ 

10 and inserting ‘‘COMMISSIONED OFFICERS.— 

11 ‘‘(1) IN GENERAL.—A commissioned officer’’; 

12 (B) by striking ‘‘him’’ and inserting ‘‘the 

13 commissioned officer’’; 

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

15 commissioned officer’s’’; and 

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

17 ‘‘(2) CONDITIONAL DETERMINATION.—When a 

18 commissioned officer is under investigation for al19 leged misconduct at the time of retirement— 

20 ‘‘(A) the Secretary may conditionally de21 termine the highest grade of satisfactory service 

22 of the commissioned officer pending completion 

23 of the investigation; and 

24 ‘‘(B) the grade under subparagraph (A) is 

25 subject to resolution under subsection (c)(2).’’; 


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1 (2) in subsection (b)— 

2 (A) by inserting ‘‘WARRANT OFFICERS.— 

3 ’’ after ‘‘(b)’’; 

4 (B) by striking ‘‘him’’ and inserting ‘‘the 

5 warrant officer’’; and 

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

7 warrant officer’s’’; and 

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

9 ‘‘(c) RETIREMENT IN LOWER GRADE.— 

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

11 case of a commissioned officer whom the Secretary 

12 determines committed misconduct in a lower grade, 

13 the Secretary may determine the commissioned offi14 cer has not served satisfactorily in any grade equal 

15 to or higher than that lower grade. 

16 ‘‘(2) ADVERSE FINDINGS.—A determination of 

17 the retired grade of a commissioned officer shall be 

18 resolved following a conditional determination under 

19 subsection (a)(2) if the investigation of or personnel 

20 action against the commissioned officer results in 

21 adverse findings. 

22 ‘‘(3) RECALCULATION OF RETIRED PAY.—If the 

23 retired grade of a commissioned officer is reduced 

24 pursuant to this subsection, the retired pay of the 

25 commissioned officer shall be recalculated under 


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1 chapter 71 of title 10, and any modification of the 

2 retired pay of the commissioned officer shall go into 

3 effect on the effective date of the reduction in re4 tired grade. 

5 ‘‘(d) FINALITY OF RETIRED GRADE DETERMINA6 TIONS.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), a determination of the retired grade of a 

9 commissioned officer under this section is adminis10 tratively final on the day the commissioned officer is 

11 retired, and may not be reopened. 

12 ‘‘(2) REOPENING DETERMINATIONS.—A deter13 mination of the retired grade of a commissioned offi14 cer may be reopened if— 

15 ‘‘(A) the retirement or retired grade of the 

16 commissioned officer was procured by fraud; 

17 ‘‘(B) substantial evidence comes to light 

18 after the retirement that could have led to a 

19 lower retired grade under this section and such 

20 evidence was known by competent authority at 

21 the time of retirement; 

22 ‘‘(C) a mistake of law or calculation was 

23 made in the determination of the retired grade; 

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1 section (a)(2), the investigation of or personnel 

2 action against the commissioned officer results 

3 in adverse findings; or 

4 ‘‘(E) the Secretary determines, under regu5 lations prescribed by the Secretary, that good 

6 cause exists to reopen the determination. 

7 ‘‘(3) REQUIREMENTS.—If a determination of 

8 the retired grade of a commissioned officer is re9 opened under paragraph (2), the Secretary— 

10 ‘‘(A) shall notify the commissioned officer 

11 of the reopening; and 

12 ‘‘(B) may not make an adverse determina13 tion on the retired grade of the commissioned 

14 officer until the commissioned officer has had a 

15 reasonable opportunity to respond regarding the 

16 basis of the reopening. 

17 ‘‘(4) RECALCULATION OF RETIRED PAY.—If the 

18 retired grade of a commissioned officer is reduced 

19 through the reopening of the commissioned officer’s 

20 retired grade under paragraph (2), the retired pay 

21 of the commissioned officer shall be recalculated 

22 under chapter 71 of title 10, and any modification 

23 of the retired pay of the commissioned officer shall 

24 go into effect on the effective date of the reduction 

25 in retired grade. 


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1 ‘‘(e) INAPPLICABILITY TO COMMISSIONED WARRANT

2 OFFICERS.—This section, including subsection (b), shall 

3 not apply to commissioned warrant officers.’’. 

4 SEC. 204. CAREER INTERMISSION PROGRAM. 

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

6 14, United States Code, is amended by adding at the end 

7 the following: 

8 ‘‘§ 2514. Career flexibility to enhance retention of 

9 members 

10 ‘‘(a) PROGRAM AUTHORIZED.—The Commandant 

11 may carry out a program under which members of the 

12 Coast Guard may be inactivated from active service to 

13 meet personal or professional needs and returned to active 

14 service at the end of such period of inactivation from ac15 tive service. 

16 ‘‘(b) PERIOD OF INACTIVATION FROM ACTIVE SERV17 ICE; EFFECT OF INACTIVATION.— 

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

19 from active service under the program under this 

20 section of a member participating in the program 

21 shall be such period as the Commandant shall speci22 fy in the agreement of the member under subsection 

23 (c), except that such period may not exceed 3 years. 

24 ‘‘(2) TOTAL YEARS OF SERVICE.—Any service 

25 by a Reserve officer while participating in the proVerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S2297.RS S2297

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1 gram under this section shall be excluded from com2 putation of the total years of service of that officer 

3 under section 14706(a) of title 10. 

4 ‘‘(3) RETIREMENT OR TRANSFER.—Any period 

5 of participation of a member in the program under 

6 this section shall not count toward— 

7 ‘‘(A) eligibility for retirement or transfer 

8 to the Ready Reserve under chapter 841 or 

9 1223 of title 10; or 

10 ‘‘(B) computation of retired or retainer 

11 pay under chapter 71 or 1223 of title 10. 

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

13 Guard who participates in the program under this section 

14 shall enter into a written agreement with the Commandant 

15 under which agreement that member shall agree as fol16 lows: 

17 ‘‘(1) To accept an appointment or enlist, as ap18 plicable, and serve in the Coast Guard Ready Re19 serve during the period of the inactivation of the 

20 member from active service under the program. 

21 ‘‘(2) To undergo during the period of the inac22 tivation of the member from active service under the 

23 program such inactive service training as the Com24 mandant shall require in order to ensure that the 

25 member retains proficiency, at a level determined by 


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1 the Commandant to be sufficient, in the military 

2 skills, professional qualifications, and physical readi3 ness of the member during the inactivation of the 

4 member from active service. 

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

6 inactivation of the member from active service under 

7 the program, to serve 2 months as a member of the 

8 Coast Guard on active service for each month of the 

9 period of the inactivation of the member from active 

10 service under the program. 

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

12 shall— 

13 ‘‘(1) prescribe regulations specifying the guide14 lines regarding the conditions of release that must 

15 be considered and addressed in the agreement re16 quired by subsection (c); and 

17 ‘‘(2) at a minimum, prescribe the procedures 

18 and standards to be used to instruct a member on 

19 the obligations to be assumed by the member under 

20 subsection (c)(2) while the member is released from 

21 active service. 

22 ‘‘(e) ORDER TO ACTIVE SERVICE.—Under regula23 tions prescribed by the Commandant, a member of the 

24 Coast Guard participating in the program under this sec25 tion may, in the discretion of the Commandant, be reVerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S2297.RS S2297

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1 quired to terminate participation in the program and be 

2 ordered to active service. 

3 ‘‘(f) PAY AND ALLOWANCES.— 

4 ‘‘(1) IN GENERAL.—During each month of par5 ticipation in the program under this section, a mem6 ber who participates in the program shall be paid 

7 basic pay in an amount equal to two-thirtieths of the 

8 amount of monthly basic pay to which the member 

9 would otherwise be entitled under section 204 of title 

10 37 as a member of the uniformed services on active 

11 service in the grade and years of service of the mem12 ber when the member commences participation in 

13 the program. 

14 ‘‘(2) LIMITATIONS.— 

15 ‘‘(A) SPECIAL OR INCENTIVE PAY OR BO16 NUSES.—A member who participates in the pro17 gram shall not, while participating in the pro18 gram, be paid any special or incentive pay or 

19 bonus to which the member is otherwise entitled 

20 under an agreement under section 1925 of this 

21 title or chapter 5 of title 37 that is in force 

22 when the member commences participation in 

23 the program. 

24 ‘‘(B) NOT TREATED AS FAILURE TO PER25 FORM.—The inactivation from active service of 


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1 a member participating in the program shall 

2 not be treated as a failure of the member to 

3 perform any period of service required of the 

4 member in connection with an agreement for a 

5 special or incentive pay or bonus under section 

6 1925 of this title or chapter 5 of title 37 that 

7 is in force when the member commences partici8 pation in the program. 

9 ‘‘(3) RETURN TO SERVICE.— 

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graph (B), upon the return of a member to ac12 tive service after completion by the member of 

13 participation in the program— 

14 ‘‘(i) any agreement entered into by 

15 the member under section 1925 of this 

16 title or chapter 5 of title 37 for the pay17 ment of a special or incentive pay or bonus 

18 that was in force when the member com19 menced participation in the program shall 

20 be revived, with the term of such agree21 ment after revival being the period of the 

22 agreement remaining to run when the 

23 member commenced participation in the 

24 program; and 


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

2 bonus shall be payable to the member in 

3 accordance with the terms of the agree4 ment concerned for the term specified in 

5 clause (i). 

6 ‘‘(B) NONAPPLICABILITY.—Subparagraph 

7 (A)— 

8 ‘‘(i) shall not apply to any special or 

9 incentive pay or bonus otherwise covered 

10 by that subparagraph with respect to a 

11 member if, at the time of the return of the 

12 member to active service as described in 

13 that subparagraph— 

14 ‘‘(I) such pay or bonus is no 

15 longer authorized by law; or 

16 ‘‘(II) the member does not satisfy 

17 eligibility criteria for such pay or 

18 bonus as in effect at the time of the 

19 return of the member to active serv20 ice; and 

21 ‘‘(ii) shall cease to apply to any spe22 cial or incentive pay or bonus otherwise 

23 covered by that subparagraph with respect 

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1 paragraph (A)(i), such pay or bonus ceases 

2 being authorized by law. 

3 ‘‘(C) REPAYMENT.—A member who is in4 eligible for payment of a special or incentive 

5 pay or bonus otherwise covered by this para6 graph by reason of subparagraph (B)(i)(II) 

7 shall be subject to the requirements for repay8 ment of such pay or bonus in accordance with 

9 the terms of the applicable agreement of the 

10 member under section 1925 of this title or 

11 chapter 5 of title 37. 

12 ‘‘(D) SERVICE IN ADDITION TO OTHER

13 SERVICE.—Any service required of a member 

14 under an agreement covered by this paragraph 

15 after the member returns to active service as 

16 described in subparagraph (A) shall be in addi17 tion to any service required of the member 

18 under an agreement under subsection (c). 

19 ‘‘(4) TRAVEL AND TRANSPORTATION ALLOW20 ANCES.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), a member who participates in the 

23 program is entitled, while participating in the 

24 program, to the travel and transportation allowVerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S2297.RS S2297

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1 ances authorized by section 474 of title 37 

2 for— 

3 ‘‘(i) travel performed from the resi4 dence of the member, at the time of release 

5 from active service to participate in the 

6 program, to the location in the United 

7 States designated by the member as his 

8 residence during the period of participation 

9 in the program; and 

10 ‘‘(ii) travel performed to the residence 

11 of the member upon return to active serv12 ice at the end of the participation of the 

13 member in the program. 

14 ‘‘(B) LIMITATIONS.—An allowance is pay15 able under this paragraph only with respect to 

16 travel of a member to and from a single resi17 dence. 

18 ‘‘(5) LEAVE BALANCES.—A member who par19 ticipates in the program is entitled to carry forward 

20 the leave balance existing as of the day on which the 

21 member begins participation and accumulated in ac22 cordance with section 701 of title 10, but not to ex23 ceed 60 days. 

24 ‘‘(g) PROMOTION.— 

25 ‘‘(1) INELIGIBILITY.— 


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1 ‘‘(A) IN GENERAL.—An officer partici2 pating in the program under this section shall 

3 not, while participating in the program, be eligi4 ble for consideration for promotion under chap5 ter 21 or 37 of this title. 

6 ‘‘(B) RETURN TO ACTIVE SERVICE.—Upon 

7 the return of an officer to active service after 

8 completion by the officer of participation in the 

9 program— 

10 ‘‘(i) the Commandant may adjust the 

11 date of rank of the officer in such manner 

12 as the Commandant may prescribe in regu13 lations for purposes of this section; and 

14 ‘‘(ii) the officer shall be eligible for 

15 consideration for promotion when officers 

16 of the same grade and seniority are eligible 

17 for consideration for promotion. 

18 ‘‘(2) PERIOD OF INELIGIBILITY.—An enlisted 

19 member participating in the program shall not be el20 igible for consideration for advancement during the 

21 period that— 

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

23 of the member from active service under the 

24 program; and 


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

2 the member to active service under the program 

3 that the member is treatable as eligible for ad4 vancement by reason of time in grade and such 

5 other requirements as the Commandant may 

6 prescribe in regulations for purposes of the pro7 gram. 

8 ‘‘(h) CONTINUED ENTITLEMENT.—A member par9 ticipating in the program under this section shall, while 

10 participating in the program, be treated as a member of 

11 the armed forces on active duty for a period of more than 

12 30 days for purposes of— 

13 ‘‘(1) the entitlement of the member and of the 

14 dependents of the member to medical and dental 

15 care under the provisions of chapter 55 of title 10; 

16 and 

17 ‘‘(2) retirement or separation for physical dis18 ability under the provisions of chapter 61 of title 10 

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

20 (b) ANALYSIS FOR CHAPTER 25.—The analysis for 

21 chapter 25 of title 14, United States Code, is amended 

22 by inserting after the item relating to section 2513 the 

23 following: 

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


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1 SEC. 205. DIRECT COMMISSIONING AUTHORITY FOR INDI2 VIDUALS WITH CRITICAL SKILLS. 

3 (a) IN GENERAL.—Subchapter II of chapter 37 of 

4 title 14, United States Code, is amended by inserting after 

5 section 3738 the following: 

6 ‘‘§ 3738a. Direct commissioning authority for individ7 uals with critical skills 

8 ‘‘An individual with critical skills that the Com9 mandant consider necessary for the Coast Guard to com10 plete its missions who is not currently serving as an officer 

11 in the Coast Guard, may be commissioned into the Coast 

12 Guard at a grade up to, and including, commander.’’. 

13 (b) ANALYSIS FOR CHAPTER 37.—The analysis for 

14 chapter 37 of title 14, United States Code, is amended 

15 by inserting after the item relating to section 3738 the 

16 following: 

‘‘3738a. Direct commissioning authority for individuals with critical skills.’’. 

17 SEC. 206. RENEWAL OF TEMPORARY EARLY RETIREMENT 

18 AUTHORITY. 

19 Section 219 of the Coast Guard and Maritime Trans20 portation Act of 2012 (Public Law 112–213; 10 U.S.C. 

21 1293 note) is amended— 

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

23 striking ‘‘For fiscal years 2013 through 2018’’ and 

24 inserting ‘‘For fiscal years 2019 through 2025’’; and 


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1 (2) in paragraph (1), by striking ‘‘subsection 

2 (c)(2)(A)’’ and inserting ‘‘subsection (c)(1)’’. 

3 SEC. 207. STRATEGY ON LEADERSHIP OF THE COAST 

4 GUARD. 

5 (a) IN GENERAL.—Not later than 180 days after the 

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

7 department in which the Coast Guard is operating shall 

8 develop and make available to the public a strategy to im9 prove leadership development in the Coast Guard, includ10 ing mechanisms to address toxic leadership in the Coast 

11 Guard. 

12 (b) ELEMENTS.—The strategy shall include the fol13 lowing: 

14 (1) Mechanisms to foster positive and produc15 tive leadership qualities in emerging Coast Guard 

16 leaders, beginning, at minimum, members at grade 

17 O–2 for officers, members at grade E–6 for enlisted 

18 members, and members training to become an offi19 cer-in-charge. 

20 (2) Mechanisms for the ongoing evaluation of 

21 unit commanders, including identification of toxic 

22 leadership qualities in commanders. 

23 (3) Formal training on the recognition of toxic 

24 leadership qualities (in self and others), including at 


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1 leadership seminars and school houses in the Coast 

2 Guard, including means to correct such qualities. 

3 (4) Clear and transparent policies on standards 

4 for command climate, leadership qualities, and inclu5 sion. 

6 (5) Policy to ensure established and emerging 

7 leaders have access to hands-on training and tools to 

8 improve diversity and inclusion. 

9 (6) Policy and procedures for commanders to 

10 identify and hold accountable toxic leaders. 

11 (c) TOXIC LEADERSHIP DEFINED.—In this section, 

12 the term ‘‘toxic leadership’’ has the meaning given that 

13 term for purposes of Army Doctrine Publication 6–22. 

14 SEC. 208. SUPPORT OF WOMEN SERVING IN THE COAST 

15 GUARD. 

16 (a) CONSIDERATION OF WOMEN’S ISSUES BY BOARD

17 OF VISITORS OF COAST GUARD ACADEMY.—Section 

18 1903(d) of title 14, United States Code, is amended— 

19 (1) in paragraph (5), by striking ‘‘and’’ at the 

20 end; 

21 (2) by redesignating paragraph (6) as para22 graph (7); and 

23 (3) by inserting after paragraph (5) the fol24 lowing new paragraph (6): 

25 ‘‘(6) women’s issues; and’’. 


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1 (b) NATIONAL COAST GUARD WOMEN’S LEADERSHIP

2 COMMITTEE.— 

3 (1) IN GENERAL.—The Commandant shall es4 tablish within the Coast Guard a national advisory 

5 board to be known as the ‘‘National Coast Guard 

6 Women’s Leadership Committee’’ (in this subsection 

7 referred to as the ‘‘Committee’’). 

8 (2) MEMBERSHIP.—The Committee shall be 

9 composed of such number of members as the Com10 mandant considers appropriate, selected by the Com11 mandant through a public selection process from 

12 among applicants for membership on the Committee. 

13 The members of the Committee shall, to the extent 

14 practicable, represent the range and diversity of the 

15 Coast Guard. The members of the Committee shall 

16 include an equal number of each of the following: 

17 (A) Active duty officers of the Coast 

18 Guard. 

19 (B) Active duty enlisted members of the 

20 Coast Guard. 

21 (C) Members of the Coast Guard Reserve. 

22 (D) Retired members of the Coast Guard. 

23 (3) DUTIES.—The Committee— 

24 (A) shall advise the Commandant on im25 provements to the recruitment, retention, sucVerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S2297.RS S2297

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1 cess, and well-being of women serving in the 

2 Coast Guard; 

3 (B) may submit to the Secretary of the de4 partment in which the Coast Guard is oper5 ating, and to the Commandant, recommenda6 tions in connection with its duties under this 

7 subsection, including recommendations to im8 plement the advice described in subparagraph 

9 (A); and 

10 (C) may brief Congress on its duties under 

11 this subsection, including the advice described 

12 in subparagraph (A) and any recommendations 

13 described in subparagraph (B). 

14 (c) ADVISORY COMMITTEE ON WOMEN’S LEADER15 SHIP AT THE COAST GUARD ACADEMY.— 

16 (1) IN GENERAL.—The Superintendent of the 

17 Coast Guard Academy shall establish at the Coast 

18 Guard Academy an advisory committee to be known 

19 as the Advisory Committee on Women’s Leadership 

20 at the Coast Guard Academy (in this subsection re21 ferred to as the ‘‘Advisory Committee’’). 

22 (2) MEMBERSHIP.—The Advisory Committee 

23 shall be composed of not fewer than 12 current ca24 dets of the Coast Guard Academy, including not 

25 fewer than 3 cadets from each current class. 


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1 (3) APPOINTMENT; TERM.—Cadets shall serve 

2 on the Advisory Committee pursuant to appointment 

3 by the Superintendent. Appointments shall be made 

4 not later than 60 days after the swearing in of a 

5 new class of cadets at the Academy. The term of 

6 membership of a cadet on the Advisory Committee 

7 shall be one year. 

8 (4) MEETINGS.—The Advisory Committee shall 

9 meet with the Commandant not less frequently than 

10 once each academic year of the Coast Guard Acad11 emy on the duties of the Advisory Committee. The 

12 Advisory Committee shall meet in person with the 

13 Superintendent not less frequently than twice each 

14 such academic year on the duties of the Advisory 

15 Committee. 

16 (5) DUTIES.—The Advisory Committee shall 

17 identify cultural opportunities and challenges facing 

18 women cadets at the Academy, including an assess19 ment of culture, leadership development, access to 

20 health care, and overall well-being of women cadets 

21 at the Academy. 

22 (6) ADVISORY GROUPS.—The Advisory Com23 mittee may establish one or more advisory groups to 

24 assist the Advisory Committee in carrying out its 

25 duties, including advisory groups composed in part 


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1 of cadets at the Academy who are not current mem2 bers of the Advisory Committee. 

3 (7) REPORTS AND BRIEFINGS.—The Advisory 

4 Committee shall regularly provide the Commandant 

5 and the Superintendent reports and briefings on the 

6 results of its duties, including recommendations for 

7 actions to be taken in light of such results. Such re8 ports and briefings may be provided in writing, in 

9 person, or both. 

10 (d) CURRICULUM AND TRAINING ON CLIMATE AND

11 CULTURE CONCERNS.—The Secretary of the department 

12 in which the Coast Guard is operating shall periodically 

13 update curriculum and training toward inclusive leader14 ship and positive climate in the Coast Guard, and shall 

15 develop a plan to synchronize such updates to respond to 

16 the findings of the RAND gender diversity report, deliv17 ered at each of the following: 

18 (1) Officer accession points, including the Coast 

19 Guard Academy and the Leadership Development 

20 Center. 

21 (2) Enlisted member accession at the United 

22 States Coast Guard Training Center Cape May, 

23 New Jersey. 


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1 (3) The officer, enlisted member, and civilian 

2 leadership courses managed by the Leadership De3 velopment Center. 

4 (e) ACTION PLAN.— 

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

6 the date of the enactment of this Act, the Com7 mandant shall submit to Congress, and make avail8 able to the public on an internet website of the 

9 Coast Guard available to the public, a report on the 

10 implementation of the recommendations of the 

11 RAND gender diversity report. 

12 (2) ELEMENTS.—The report shall set forth the 

13 following: 

14 (A) A review and assessment of the status 

15 of actions on the recommendations in the 

16 RAND gender diversity report. 

17 (B) Additional recommendations to im18 prove the recruitment and retention of women 

19 in the Coast Guard. 

20 (C) A plan (including milestones) for ac21 tions being taken by the Coast Guard to imple22 ment the recommendations in the RAND gen23 der diversity report and the additional rec24 ommendations described in subparagraph (B), 

25 including recommendations for such legislative 


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1 or administrative action as may be required in 

2 order to carry out the plan. 

3 (D) A plan to launch and maintain an 

4 internet website for the sharing of significant 

5 policy, benefits, services, and resources, and rel6 evant announcements, in order to centralize re7 sources and tools provided by the Coast Guard, 

8 and other resources (as appropriate), to im9 prove gender diversity and retention of women 

10 in the Coast Guard. 

11 (3) CONSULTATION.—In preparing the report, 

12 the Commandant shall consult with the National 

13 Coast Guard Women’s Leadership Committee estab14 lished pursuant to subsection (b). 

15 (f) RAND GENDER DIVERSITY REPORT DEFINED.— 

16 In this section, the term ‘‘RAND gender diversity report’’ 

17 means the 2019 report of the Homeland Security Oper18 ational Analysis Center of the RAND Corporation entitled 

19 ‘‘Improving Gender Diversity in the U.S. Coast Guard: 

20 Identifying Barriers to Female Retention’’. 

21 SEC. 209. POLICY ON EXPEDITED TRANSFER OF MEMBERS 

22 OF THE COAST GUARD IN CASES OF SEXUAL 

23 ASSAULT OF DEPENDENTS OF MEMBERS. 

24 Not later than 180 days after the date of the enact25 ment of this Act, the Commandant shall establish a policy 


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1 to permit the transfer of a member of the Coast Guard 

2 whose dependent is the victim of sexual assault committed 

3 by a member of the Armed Forces who is not related to 

4 the victim. 

5 SEC. 210. DUE PROCESS PROTECTIONS FOR INVESTIGA6 TIONS, DISCIPLINARY ACTIONS, AND SANC7 TIONS UNDER COAST GUARD ACADEMY POL8 ICY ON SEXUAL HARASSMENT AND SEXUAL 

9 VIOLENCE. 

10 Section 1902(b) of title 14, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(7) Notice that any action relating to the policy 

13 taken by the Academy against a cadet or other Acad14 emy personnel, including an investigation, a discipli15 nary action, a sanction, and any other administra16 tive action, is carried out in a manner that provides 

17 due process protections.’’. 

18 SEC. 211. CONSIDERATION BY BOARD OF VISITORS OF THE 

19 COAST GUARD ACADEMY OF THE STATE OF 

20 DIVERSITY AND INCLUSION AT THE COAST 

21 GUARD ACADEMY. 

22 Section 1903(d) of title 14, United States Code, as 

23 amended by section 208(a) of this Act, is further amended— 

24 (1) in paragraph (6), by striking ‘‘and’’ at the 

25 end; 


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1 (2) by redesignating paragraph (7) as para2 graph (8); and 

3 (3) by inserting after paragraph (6) the fol4 lowing new paragraph (7): 

5 ‘‘(7) the state of diversity and inclusion; and’’. 

6 Subtitle B—Organization and 

7 Management Matters 

8 SEC. 221. CONTINUATION OF COAST GUARD PAY DURING 

9 LAPSE IN APPROPRIATIONS. 

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

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘§ 2780. Pay; continuation during lapse in appropria14 tions 

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

16 which there is a Coast Guard-specific funding lapse, there 

17 are appropriated such sums as may be necessary— 

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

19 members of the Coast Guard, including the reserve 

20 component thereof, who perform active service or in21 active-duty training during such period; 

22 ‘‘(2) to provide pay and benefits to qualified ci23 vilian employees of the Coast Guard; 

24 ‘‘(3) to provide pay and benefits to qualified 

25 contract employees of the Coast Guard; 


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1 ‘‘(4) to provide for— 

2 ‘‘(A) the payment of a death gratuity 

3 under sections 1475 through 1477 and 1489 of 

4 title 10, with respect to members of the Coast 

5 Guard; 

6 ‘‘(B) the payment or reimbursement of au7 thorized funeral travel and travel related to the 

8 dignified transfer of remains and unit memorial 

9 services under section 481f of title 37, with re10 spect to members of the Coast Guard; and 

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

12 allowance of housing for dependents of mem13 bers of the Coast Guard dying on active duty, 

14 as authorized by section 403(1) of title 37; and 

15 ‘‘(5) to provide for Coast Guard retired pay, in16 cluding the payment of obligations otherwise charge17 able to lapsed appropriations for this purpose, pay18 ments under the Retired Serviceman’s Family Pro19 tection and Survivor Benefits Plans, payment for ca20 reer status bonuses, payment of continuation pay 

21 under section 356 of title 37, concurrent receipts, 

22 combat-related special compensation, and payments 

23 for medical care of retired personnel and their de24 pendents under chapter 55 of title 10. 


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

2 For purposes of this section, a Coast Guard-specific fund3 ing lapse occurs in any case in which— 

4 ‘‘(1) a general appropriation bill providing ap5 propriations for the Coast Guard for a fiscal year is 

6 not enacted before the beginning of such fiscal year 

7 (and no joint resolution making continuing appro8 priations for the Coast Guard is in effect); and 

9 ‘‘(2) a general appropriation bill providing ap10 propriations for the Department of Defense for such 

11 fiscal year is enacted before the beginning of such 

12 fiscal year (or a joint resolution making continuing 

13 appropriations for the Department of Defense is in 

14 effect). 

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

16 available and authority granted for any fiscal year for any 

17 purpose under subsection (a) shall be available until 

18 whichever of the following first occurs: 

19 ‘‘(1) The enactment into law of an appropria20 tion (including a continuing appropriation) for such 

21 purpose. 

22 ‘‘(2) The enactment into law of an appropria23 tion (including a continuing appropriation) for the 

24 Coast Guard without provision for such purpose. 


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1 ‘‘(3) The termination of availability of appro2 priations for the Department of Defense. 

3 ‘‘(4) The date that is 180 days after the begin4 ning of the Coast Guard-specific funding lapse. 

5 ‘‘(d) RATE FOR OPERATIONS; APPLICABILITY TO AP6 PROPRIATION ACTS.—Appropriations made pursuant this 

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

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

9 the pertinent appropriations Act. 

10 ‘‘(e) CHARGE TO FUTURE APPROPRIATIONS.—Ex11 penditures made pursuant to this section shall be charged 

12 to the applicable appropriation, fund, or authorization 

13 whenever a bill in which such applicable appropriation, 

14 fund, or authorization is enacted into law. 

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

16 made available by or authority granted under this section 

17 may be used without regard to the time limitations for 

18 submission and approval of apportionments set forth in 

19 section 1513 of title 31, but nothing in this section may 

20 be construed to waive any other provision of law governing 

21 the apportionment of funds. 

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

23 ‘‘(1) The term ‘qualified civilian employee’ 

24 means a civilian employee of the Coast Guard whom 

25 the Commandant determines is— 


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

2 Coast Guard or another Armed Force; or 

3 ‘‘(B) performing work as an excepted em4 ployee or an employee performing emergency 

5 work, as those terms are defined by the Office 

6 of Personnel Management. 

7 ‘‘(2) The term ‘qualified contract employee of 

8 the Coast Guard’ means an individual performing 

9 work under a contract whom the Commandant de10 termines is— 

11 ‘‘(A) providing support to military mem12 bers or qualified civilian employees of the Coast 

13 Guard or another Armed Force; or 

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

15 lapse in appropriations.’’. 

16 (b) ANALYSIS FOR CHAPTER 27.—The analysis for 

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

18 by adding at the end the following: 

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

19 SEC. 222. AUTHORITY TO ENTER INTO AGREEMENTS WITH 

20 NATIONAL COAST GUARD MUSEUM ASSOCIA21 TION. 

22 Section 316 of title 14, United States Code, is 

23 amended— 

24 (1) by redesignating subsection (d) as sub25 section (e); and 


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1 (2) by inserting after subsection (c) the fol2 lowing: 

3 ‘‘(d) AGREEMENTS WITH NATIONAL COAST GUARD

4 MUSEUM ASSOCIATION.— 

5 ‘‘(1) The Commandant may offer to enter into 

6 one or more agreements with the National Coast 

7 Guard Museum Association (referred to in this sub8 section as the ‘Association’) for any purpose the 

9 Commandant considers beneficial to the Coast 

10 Guard. 

11 ‘‘(2) With respect to the construction of the 

12 National Coast Guard Museum, the Commandant 

13 may— 

14 ‘‘(A) permit the Association to enter into 

15 one or more contracts for the design and con16 struction of the National Coast Guard Museum; 

17 and 

18 ‘‘(B) carry out oversight responsibilities 

19 that, among other things, ensures construction 

20 of the museum will comport with future Coast 

21 Guard operations and sustainment after it is 

22 accepted by the Secretary. 

23 ‘‘(3)(A) On the satisfactory completion of the 

24 National Coast Guard Museum and the satisfaction 


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1 by the Association of any financial obligations inci2 dent to the National Coast Guard Museum— 

3 ‘‘(i) the Commandant may accept the Na4 tional Coast Guard Museum from the Associa5 tion; and 

6 ‘‘(ii) all right, title, and interest in and to 

7 the National Coast Guard Museum shall vest in 

8 the United States. 

9 ‘‘(B) Beginning on the date on which the Com10 mandant accepts the National Coast Guard Museum 

11 under subparagraph (A), the Commandant shall as12 sume administrative jurisdiction over the National 

13 Coast Guard Museum. 

14 ‘‘(C) Before the date on which the Com15 mandant accepts the National Coast Guard Museum 

16 under subparagraph (A), the Association may lease 

17 the National Coast Guard Museum to the Com18 mandant— 

19 ‘‘(i) under such terms and conditions as 

20 the Commandant considers appropriate; and 

21 ‘‘(ii) for use consistent with the purposes 

22 of the National Coast Guard Museum. 

23 ‘‘(D) After the date on which the Commandant 

24 accepts the National Coast Guard Museum under 

25 subparagraph (A), the Commandant may lease 1 or 


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1 more portions of the National Coast Guard Museum 

2 to the Association— 

3 ‘‘(i) under such terms and conditions as 

4 the Commandant considers appropriate; and 

5 ‘‘(ii) for use consistent with the purposes 

6 of the National Coast Guard Museum. 

7 ‘‘(E) Prior to the acceptance of the National 

8 Coast Guard Museum by the Commandant under 

9 subparagraph (A), the Commandant may coordinate 

10 with, and provide advice to, the Association for pur11 poses of establishing the National Coast Guard Mu12 seum. 

13 ‘‘(4) The Commandant may require such addi14 tional terms and conditions with respect to an agree15 ment or lease authorized under this subsection as 

16 the Commandant considers appropriate to protect 

17 the interests of the United States.’’. 

18 SEC. 223. RESEARCH PROJECTS; TRANSACTIONS OTHER 

19 THAN CONTRACTS AND GRANTS. 

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

21 States Code, is amended by inserting after section 717 the 

22 following: 


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1 ‘‘§ 717a. Research projects; transactions other than 

2 contracts and grants 

3 ‘‘(a) ADDITIONAL FORMS OF TRANSACTIONS AU4 THORIZED.—The Commandant may enter into trans5 actions (other than contracts, cooperative agreements, and 

6 grants) under the authority of this subsection in carrying 

7 out basic, applied, and advanced research projects. The 

8 authority under this subsection is in addition to the au9 thority provided in section 717 of this title to use con10 tracts, cooperative agreements, and grants in carrying out 

11 such projects. The authority under this subsection shall ex12 pire on September 30, 2025. 

13 ‘‘(b) ADVANCE PAYMENTS.—The authority provided 

14 under subsection (a) may be exercised without regard to 

15 section 3324 of title 31. 

16 ‘‘(c) RECOVERY OF FUNDS.— 

17 ‘‘(1) IN GENERAL.—A cooperative agreement 

18 for performance of basic, applied, or advanced re19 search authorized by section 717 of this title and a 

20 transaction authorized by subsection (a) may include 

21 a clause that requires a person or other entity to 

22 make payments to the Coast Guard or any other de23 partment or agency of the Federal Government as a 

24 condition for receiving support under the agreement 

25 or other transaction. 


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

2 any payment received by the Federal Government 

3 pursuant to a requirement imposed under paragraph 

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

5 Commandant, to an appropriate account. Amounts 

6 so credited shall be merged with other funds in the 

7 account and shall be available for the same purposes 

8 and the same period for which other funds in such 

9 account are available. 

10 ‘‘(d) CONDITIONS.—The Commandant shall ensure 

11 that, to the maximum extent practicable, no cooperative 

12 agreement containing a clause under subsection (c)(1), 

13 and no transaction entered into under subsection (a), pro14 vides for research that duplicates research being con15 ducted under existing programs carried out by the Coast 

16 Guard. 

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

18 shall— 

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

20 contracting personnel of the Coast Guard involved in 

21 the award or administration of transactions under 

22 this section or other innovative forms of contracting 

23 are afforded opportunities for adequate education 

24 and training on such transactions and forms of con25 tracting; and 


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1 ‘‘(2) establish minimum levels and requirements 

2 for continuous and experiential learning on such 

3 transactions and forms of contracting for such per4 sonnel, including levels and requirements for acquisi5 tion certification programs. 

6 ‘‘(f) PROTECTION OF CERTAIN INFORMATION FROM

7 DISCLOSURE.— 

8 ‘‘(1) IN GENERAL.—Disclosure of information 

9 described in paragraph (2) is not required, and may 

10 not be compelled under section 552 of title 5 for 5 

11 years after the date on which the information is re12 ceived by the Coast Guard. 

13 ‘‘(2) INFORMATION DESCRIBED.— 

14 ‘‘(A) APPLICABILITY.—Paragraph (1) ap15 plies to the information described in subpara16 graph (B) that is in the records of the Coast 

17 Guard if the information was submitted to the 

18 Coast Guard in a competitive or noncompetitive 

19 process having the potential for resulting in an 

20 award, to the party submitting the information, 

21 of a cooperative agreement for performance of 

22 basic, applied, or advanced research authorized 

23 by section 717 of this title or another trans24 action authorized by subsection (a). 


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1 ‘‘(B) INFORMATION DESCRIBED.—The in2 formation described in this subparagraph is as 

3 follows: 

4 ‘‘(i) A proposal, proposal abstract, 

5 and supporting documents. 

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

7 confidential basis. 

8 ‘‘(iii) Technical information submitted 

9 on a confidential basis. 

10 ‘‘(g) REGULATIONS.—The Commandant shall pre11 scribe regulations, as necessary, to carry out this section. 

12 ‘‘(h) TRANSPARENCY.—Not later than 60 days after the 

13 date that a transaction agreement is made under subsection 

14 (a), the Commandant shall make available to the public, 

15 in a searchable format on an Internet website of the Coast 

16 Guard, information on the transaction agreement, includ17 ing an estimate of committed Coast Guard resources for and 

18 the expected benefits to the Coast Guard from the trans19 action agreement, with appropriate redactions for propri20 etary, sensitive, or classified information. 

21 ‘‘(i) REPORTS.— 

22 ‘‘(1) IN GENERAL.—Not later than December 30 

23 each year through 2025, the Commandant shall sub24 mit to the Committee on Commerce, Science, and 

25 Transportation of the Senate and the Committee on 


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1 Transportation and Infrastructure of the House of 

2 Representatives a report on the use by the Coast 

3 Guard of additional transaction authority under sub4 section (a) during the fiscal year ending in such year. 

5 ‘‘(2) CONTENTS.—Each report under paragraph 

6 (1) shall include— 

7 ‘‘(A) for each transaction agreement under 

8 subsection (a) in effect during the fiscal year cov9 ered by the report— 

10 ‘‘(i) an indication whether the trans11 action agreement is a reimbursable, non-re12 imbursable, or funded agreement; 

13 ‘‘(ii) a description of— 

14 ‘‘(I) the subject and terms; 

15 ‘‘(II) the parties; 

16 ‘‘(III) the value; 

17 ‘‘(IV) the extent of the cost shar18 ing among Federal Government and 

19 non-Federal sources; 

20 ‘‘(V) the duration or schedule; and 

21 ‘‘(VI) all milestones; 

22 ‘‘(iii) an indication whether the trans23 action agreement was renewed during such 

24 fiscal year; 


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1 ‘‘(iv) the technology areas in which re2 search projects were conducted under the 

3 transaction agreement; 

4 ‘‘(v) the extent to which the use of the 

5 transaction agreement— 

6 ‘‘(I) has contributed to a broad7 ening of the technology and industrial 

8 base available for meeting Coast Guard 

9 needs; and 

10 ‘‘(II) has fostered within that 

11 technology and industrial base new re12 lationships and practices that support 

13 the United States; and 

14 ‘‘(vi) the total value received by the 

15 Federal Government under the transaction 

16 agreement during such fiscal year; and 

17 ‘‘(B) a list of all anticipated reimbursable, 

18 nonreimbursable, and funded transaction agree19 ments under subsection (a) during the fiscal year 

20 in which the report is submitted.’’. 

21 (b) ANALYSIS FOR CHAPTER 7.—The analysis for 

22 chapter 7 of title 14, United States Code, is amended by 

23 inserting after the item relating to section 717 the fol24 lowing: 

‘‘717a. Research projects; transactions other than contracts and grants.’’. 


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1 SEC. 224. SUPPORT OF ELEMENTARY AND SECONDARY 

2 EDUCATION IN SCIENCE, MATHEMATICS, AND 

3 TECHNOLOGY. 

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

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 719. Support of elementary and secondary edu8 cation in science, mathematics, and tech9 nology 

10 ‘‘(a) IN GENERAL.—The Secretary of the department 

11 in which the Coast Guard is operating, in coordination 

12 with the Secretary of Education, may establish programs 

13 for the purpose of improving the mathematics and sci14 entific knowledge and skills of elementary and secondary 

15 school students and faculty members. 

16 ‘‘(b) COOPERATION WITH DEPARTMENT OF DE17 FENSE.—The Secretary of the department in which the 

18 Coast Guard is operating may cooperate and coordinate 

19 with the Secretary of Defense for the purpose of improving 

20 the mathematics and scientific knowledge and skills of ele21 mentary school students and faculty members, including 

22 participating in the Department of Defense STARBASE 

23 Program under section 2193b of title 10. 

24 ‘‘(c) AREAS OF FOCUS.—In addition to general math25 ematics and scientific knowledge, any program or activity 

26 carried out under subsection (a) or (b) may also focus on 


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1 areas of specific Coast Guard expertise, including lim2 nology, marine science, and oceanography.’’. 

3 (b) ANALYSIS FOR CHAPTER 7.—The analysis for 

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

5 adding at the end the following new item: 

‘‘719. Support of elementary and secondary education in science, mathematics, 

and technology.’’. 

6 SEC. 225. LIMITATIONS ON CLAIMS. 

7 (a) ADMIRALTY CLAIMS AGAINST THE UNITED

8 STATES.—Section 937(a) of title 14, United States Code, 

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

10 ‘‘$425,000’’. 

11 (b) CLAIMS FOR DAMAGE TO PROPERTY OF THE

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

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

14 ‘‘$425,000’’. 

15 SEC. 226. ACQUISITION WORKFORCE AUTHORITIES. 

16 (a) IN GENERAL.—Subchapter I of chapter 11 of title 

17 14, United States Code, is amended by adding at the end 

18 the following: 

19 ‘‘§ 1111. Acquisition workforce authorities 

20 ‘‘(a) EXPEDITED HIRING AUTHORITY.— 

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

22 3304 of title 5, the Commandant may— 


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1 ‘‘(A) designate any category of acquisition 

2 positions within the Coast Guard as shortage 

3 category positions; and 

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

5 recruit and appoint highly qualified persons di6 rectly to positions so designated. 

7 ‘‘(2) REPORTS.—The Commandant shall in8 clude in reports under section 5103 of this title in9 formation described in that section regarding posi10 tions designated under this subsection. 

11 ‘‘(b) REEMPLOYMENT AUTHORITY.— 

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (2), if an annuitant receiving an annuity from 

14 the Civil Service Retirement and Disability Fund be15 comes employed in any category of acquisition posi16 tions designated by the Commandant under sub17 section (a), the annuity of an annuitant so employed 

18 shall continue. An annuitant so reemployed shall not 

19 be considered an employee for purposes of sub20 chapter III of chapter 83 or chapter 84 of title 5. 

21 ‘‘(2) ELECTION.— 

22 ‘‘(A) IN GENERAL.—An annuitant retired 

23 under section 8336(d)(1) or 8414(b)(1)(A) of 

24 title 5, receiving an annuity from the Civil Serv25 ice Retirement and Disability Fund, who beVerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S2297.RS S2297

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1 comes employed in a position designated by the 

2 Commandant under subsection (a) may elect to 

3 be subject to section 8344 or 8468 of such title 

4 (as the case may be), respectively. 

5 ‘‘(B) DEADLINE.—An election for coverage 

6 under this paragraph shall be filed not later 

7 than 90 days after the Commandant takes rea8 sonable actions to notify employees who may 

9 file an election. 

10 ‘‘(C) COVERAGE.—If an employee files an 

11 election under this paragraph, coverage shall be 

12 effective beginning on the first day of the first 

13 applicable pay period beginning on or after the 

14 date of the filing of the election. 

15 ‘‘(D) APPLICATION.—Paragraph (1) shall 

16 apply to an individual who is eligible to file an 

17 election under such paragraph and does not file 

18 a timely election under this paragraph in ac19 cordance with subparagraph (B).’’. 

20 (b) ANALYSIS FOR CHAPTER 11.—The analysis for 

21 chapter 11 of title 14, United States Code, is amended 

22 by inserting after the item relating to section 1110 the 

23 following: 

‘‘1111. Acquisition workforce authorities.’’. 


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1 (c) REPEAL OF SUPERSEDED AUTHORITY.—Section 

2 404 of the Coast Guard Authorization Act of 2010 (Public 

3 Law 111–281) is repealed. 

4 SEC. 227. RESOLUTION BY CHIEF ACQUISITION OFFICER OF 

5 ACQUISITION DISPUTES ELEVATED TO THE 

6 OFFICER. 

7 (a) IN GENERAL.—Subchapter I of chapter 11 of title 

8 14, United States Code, as amended by section 226, is 

9 further amended by adding at the end the following: 

10 ‘‘§ 1112. Resolution by the Chief Acquisition Officer 

11 of acquisition disputes elevated to the Of12 ficer 

13 ‘‘If, after 90 days following the elevation to the Chief 

14 Acquisition Officer of any design or other dispute regard15 ing Level 1 or Level 2 acquisition, the dispute remains 

16 unresolved, the Commandant shall provide to the appro17 priate congressional committees a detailed description of 

18 the issue and the rationale underlying the decision taken 

19 by the Chief Acquisition Officer to resolve the issue.’’. 

20 (b) ANALYSIS FOR CHAPTER 11.—The analysis for 

21 chapter 11 of title 14, United States Code, as amended 

22 by section 226, is further amended by inserting after the 

23 item relating to section 1111 the following: 

‘‘1112. Resolution by the Chief Acquisition Officer of acquisition disputes elevated to the Officer.’’. 


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1 (c) REPEAL OF SUPERSEDED REQUIREMENT.—Sec2 tion 401 of the Coast Guard Authorization Act of 2010 

3 (Public Law 111–281) is amended by striking subsection 

4 (e). 

5 SEC. 228. VESSEL CONVERSION, ALTERATION, AND REPAIR 

6 PROJECTS. 

7 Notwithstanding any provision of the Small Business 

8 Act (15 U.S.C. 631 et seq.) and any regulation or policy 

9 implementing that Act, the Commandant may use full and 

10 open competitive procedures, as prescribed in section 2304 

11 of title 10, United States Code, to acquire maintenance 

12 and repair services for vessels with a homeport in Coast 

13 Guard District 17. 

14 SEC. 229. COAST GUARD HOUSING FUND. 

15 Section 2946(c) of title 14, United States Code, is 

16 amended— 

17 (1) by striking paragraph (2); 

18 (2) by redesignating paragraph (1) as para19 graph (2); 

20 (3) in paragraph (2), as so redesignated— 

21 (A) by striking ‘‘(2) In such amounts as 

22 provided in appropriations Acts, and except’’ 

23 and inserting the following: 

24 ‘‘(2) PERMISSIBLE USES.—Except’’; 


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1 (B) by indenting subparagraphs (A), (B), 

2 and (C) four ems from the left margin; 

3 (C) in subparagraph (B), by striking 

4 ‘‘and’’ at the end; 

5 (D) in subparagraph (C), by striking the 

6 period at the end and inserting ‘‘; and’’; and 

7 (E) by adding at the end the following new 

8 subparagraph: 

9 ‘‘(D) the construction or recapitalization of 

10 existing military family housing and military 

11 unaccompanied housing.’’; and 

12 (4) by inserting before paragraph (2), as so re13 designated, the following: 

14 ‘‘(1) AVAILABILITY.—Amounts in the Fund 

15 shall be available to the Secretary without further 

16 appropriation, and shall remain available until ex17 pended.’’. 

18 SEC. 230. OPERATION AND SUSTAINMENT COSTS IN MAJOR 

19 LONG-TERM ACQUISITION PLANS. 

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

21 is amended— 

22 (1) by redesignating subparagraphs (B) and 

23 (C) as subparagraphs (C) and (D), respectively; and 

24 (2) by inserting after subparagraph (A) the fol25 lowing: 


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

2 aircraft identified under paragraph (2);’’. 

3 SEC. 231. PORT, HARBOR, AND COASTAL FACILITY SECU4 RITY. 

5 Section 70116 of title 46, United States Code, is 

6 amended— 

7 (1) in subsection (a), by inserting ‘‘, cyber inci8 dents, transnational organized crime, and foreign 

9 state threats’’ after ‘‘an act of terrorism’’; 

10 (2) in subsection (b)— 

11 (A) in paragraphs (1) and (2), by inserting 

12 ‘‘cyber incidents, transnational organized crime, 

13 and foreign state threats’’ after ‘‘terrorism’’ 

14 each place it appears; and 

15 (B) in paragraph (3)— 

16 (i) by striking ‘‘armed’’ and inserting 

17 ‘‘, armed (as needed),’’; and 

18 (ii) by striking ‘‘terrorism or trans19 portation security incidents,’’ and inserting 

20 ‘‘terrorism, cyber incidents, transnational 

21 organized crime, foreign state threats, or 

22 transportation security incidents,’’; and 

23 (3) in subsection (c)— 

24 (A) by striking ‘‘70034,’’ and inserting 

25 ‘‘70033,’’; and 


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1 (B) by adding at the end the following new 

2 sentence: ‘‘When preventing or responding to 

3 acts of terrorism, cyber incidents, transnational 

4 organized crime, or foreign state threats, the 

5 Secretary may carry out this section without re6 gard to chapters 5 and 6 of title 5 or Executive 

7 Orders 12866 and 13563.’’. 

8 SEC. 232. ACCESS TO RESOURCES DURING CREOSOTE-RE9 LATED BUILDING CLOSURES AT COAST 

10 GUARD BASE SEATTLE, WASHINGTON. 

11 (a) IN GENERAL.—With respect to the creosote-re12 lated building closures at Coast Guard Base Seattle, 

13 Washington, the Commandant shall, to the maximum ex14 tent practicable, enter into one or more agreements or oth15 erwise take actions to secure access to resources, including 

16 a gym, that are not otherwise available to members of the 

17 Coast Guard during such closures. 

18 (b) BRIEFING.—Not later than 60 days after the date 

19 of the enactment of this Act, the Commandant shall brief 

20 Congress with respect to actions taken by the Com21 mandant to comply with subsection (a). 

22 SEC. 233. SOUTHERN RESIDENT ORCA CONSERVATION AND 

23 ENFORCEMENT. 

24 (a) REPORT ON ORCA ENFORCEMENT OPPORTUNI25 TIES.—The Commandant, in consultation with the Under 


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1 Secretary of Commerce for Oceans and Atmosphere, shall 

2 submit to Congress a report on Coast Guard efforts to 

3 enforce southern resident orca vessel buffer zones and 

4 other vessel related regulations in Puget Sound in coordi5 nation with existing Coast Guard fisheries enforcement, 

6 maritime domain awareness, operation Be Whale Wise, 

7 and other related missions. 

8 (b) ACTION PLAN.—Not later than 180 days after 

9 the date of the enactment of this Act, the Commandant 

10 shall submit to Congress a briefing on steps the Coast 

11 Guard is taking to meet fisheries enforcement boarding 

12 and vessel traffic, including orca buffer zone and other 

13 related activities, enforcement targets in District 13, as 

14 well as recommendations on what resources, appropria15 tions, and assets are needed to meet those targets within 

16 1 year from enactment of this Act. 

17 (c) PILOT PROGRAM ON REDUCING DISTURBANCE TO

18 ORCAS IN PUGET SOUND.—The Commandant, in con19 sultation with the Maritime Administrator, the Under Sec20 retary of Commerce for Oceans and Atmosphere, and 

21 State and Tribal governments, shall establish a pilot pro22 gram to assess the feasibility and benefit of implementing 

23 a program similar to the Enhancing Cetacean Habitat and 

24 Observation program, or ‘‘ECHO program’’, in United 

25 States waters to reduce acoustic disturbance of southern 


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1 resident orcas in Puget Sound and the surrounding 

2 waters. 

3 SEC. 234. BRIEFING ON POLICY ON ISSUANCE OF WAR4 RANTS AND SUBPOENAS AND WHISTLE5 BLOWER PROTECTIONS BY AGENTS OF THE 

6 COAST GUARD INVESTIGATIVE SERVICE. 

7 (a) BRIEFING REQUIRED.—Not later than 30 days 

8 after the date of the enactment of this Act, the Com9 mandant shall provide the Committee on Commerce, 

10 Science, and Transportation of the Senate and the Com11 mittee on Transportation and Infrastructure of the House 

12 of Representatives a briefing on the policy of the Coast 

13 Guard on the issuance of warrants and subpoenas and 

14 whistleblower protections by agents of the Coast Guard 

15 Investigative Service. 

16 (b) ELEMENTS.—The briefing required by subsection 

17 (a) shall include the following: 

18 (1) A discussion of current and any new policy 

19 of the Coast Guard on the issuance of warrants and 

20 subpoenas and whistleblower protections by agents 

21 of the Coast Guard Investigative Service, including 

22 Coast Guard Investigative Service Criminal Inves23 tigation Operating Procedure CIOP 2019–02, and 

24 the differences between such current policies and 

25 new policies. 


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1 (2) A plan (including milestones) for the imple2 mentation of the following: 

3 (A) Incorporation of Coast Guard Inves4 tigative Service Criminal Investigation Oper5 ating Procedure CIOP 2019–02 into the next 

6 revision of the Administrative Investigations 

7 Manual of the Coast Guard Investigative Serv8 ice. 

9 (B) Training on the policy described in 

10 paragraph (1) for the following: 

11 (i) Agents and legal counsel of the 

12 Coast Guard Investigative Service. 

13 (ii) Personnel of the Office of General 

14 Law. 

15 (iii) Coast Guard headquarters per16 sonnel. 

17 (iv) Such other Coast Guard per18 sonnel as the Commandant considers ap19 propriate. 


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1 SEC. 234. SENSE OF CONGRESS AND REPORT ON IMPLE2 MENTATION OF POLICY ON ISSUANCE OF 

3 WARRANTS AND SUBPOENAS AND WHISTLE4 BLOWER PROTECTIONS BY AGENTS OF THE 

5 COAST GUARD INVESTIGATIVE SERVICE. 

6 (a) SENSE OF CONGRESS.—It is the sense of Congress 

7 that— 

8 (1) Coast Guard components with investigate au9 thority should exercise such authority with due re10 spect for the rights of whistleblowers; and 

11 (2) the Commandant should— 

12 (A) ensure compliance with the legal re13 quirements intended to protect whistleblowers; 

14 and 

15 (B) create an environment in which whis16 tleblowers do not fear reprisal for reporting mis17 conduct. 

18 (b) REPORT REQUIRED.—Not later than 90 days after 

19 the date of the enactment of this Act, the Commandant shall 

20 submit to the Committee on Commerce, Science, and Trans21 portation of the Senate and the Committee on Transpor22 tation and Infrastructure of the House of Representatives 

23 a report on the policy of the Coast Guard on the issuance 

24 of warrants and subpoenas and whistleblower protections 

25 by agents of the Coast Guard Investigative Service. 


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1 (c) ELEMENTS.—The report required by subsection (b) 

2 shall include the following: 

3 (1) A discussion of current and any new policy 

4 of the Coast Guard on the issuance of warrants and 

5 subpoenas and whistleblower protections by agents of 

6 the Coast Guard Investigative Service, including 

7 Coast Guard Investigative Service Criminal Inves8 tigation Operating Procedure CIOP 2019–02, and the 

9 differences between such current policies and new 

10 policies. 

11 (2) A plan (including milestones) for the imple12 mentation of the following: 

13 (A) Incorporation of Coast Guard Inves14 tigative Service Criminal Investigation Oper15 ating Procedure CIOP 2019–02 into the next re16 vision of the relevant Coast Guard investigative 

17 manual. 

18 (B) Training on the policy described in 

19 paragraph (1) for the following: 

20 (i) Agents and legal counsel of the 

21 Coast Guard Investigative Service. 

22 (ii) Personnel of the Office of General 

23 Law. 

24 (iii) Relevant Coast Guard head25 quarters personnel. 


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1 (iv) Such other Coast Guard personnel 

2 as the Commandant considers appropriate. 

3 SEC. 235. PROCUREMENT AUTHORITY FOR HEAVY GREAT 

4 LAKES ICEBREAKER. 

5 (a) IN GENERAL.—For fiscal year 2020 and 2021, the 

6 Secretary of the department in which the Coast Guard is 

7 operating may use funds available pursuant to section 4901 

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

9 to enter into one or more contracts for the procurement of 

10 a heavy Great Lakes Icebreaker at least as capable as 

11 USCGC MACKINAW (WLBB–30). 

12 (b) REPORT.—Not later than September 30, 2019, the 

13 Commandant shall submit to the Committee on Commerce, 

14 Science, and Transportation of the Senate and the Com15 mittee on Transportation and Infrastructure of the House 

16 of Representatives a plan for acquiring an icebreaker as 

17 required by section 820(b) of the Frank LoBiondo Coast 

18 Guard Authorization Act of 2018 (Public Law 115–282). 

19 SEC. 236. CONSIDERATION OF IMPACT OF HURRICANE MI20 CHAEL IN MODIFICATION OF CONSTRUCTION 

21 CONTRACTS FOR OFFSHORE PATROL CUT22 TERS. 

23 Notwithstanding Public Law 85–804, the United 

24 States Coast Guard is authorized to take into account the 

25 impacts of Hurricane Michael for the purpose of modifying, 


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1 without consideration, but not exceeding the original afford2 ability requirement as set forth in Section C of the existing 

3 contract to construct Offshore Patrol Cutters upon a deter4 mination that doing so would facilitate national security. 

5 SEC. 237. INSPECTOR GENERAL REPORT ON ACCESS TO 

6 EQUAL OPPORTUNITY ADVISORS AND EQUAL 

7 EMPLOYMENT OPPORTUNITY SPECIALISTS. 

8 (a) IN GENERAL.—Not later than 90 days after the 

9 date of the enactment of this Act, the Inspector General of 

10 the department in which the Coast Guard is operating shall 

11 conduct a study and develop recommendations on the need 

12 to separate Equal Opportunity Advisors and Equal Em13 ployment Opportunity Specialists, as practicable, through 

14 the pre-complaint and formal discrimination complaint 

15 processes, for the complainant, the opposing party, and the 

16 commanding officers and officers in charge. 

17 (b) BRIEFING.—Not later than 30 days after the com18 pletion of the study required by subsection (a), the Com19 mandant shall brief the Committee on Commerce, Science, 

20 and Transportation of the Senate and the Committee on 

21 Transportation and Infrastructure of the House of Rep22 resentatives on the manner in which the Coast Guard plans 

23 to implement the recommendations developed as a result of 

24 the study. 


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1 Subtitle C—Access to Child Care 

2 for Coast Guard Families 

3 SEC. 241. REPORT ON CHILD CARE AND SCHOOL AGE CARE 

4 ASSISTANCE FOR QUALIFIED FAMILIES. 

5 (a) IN GENERAL.—Not later than 18 months after 

6 the date of the enactment of this Act, the Comptroller 

7 General of the United States shall submit to the Com8 mittee on Commerce, Science, and Transportation of the 

9 Senate and the Committee on Transportation and Infra10 structure of the House of Representatives a report on 

11 child care and school age care options available to quali12 fied families. 

13 (b) ELEMENTS.—The report required by subsection 

14 (a) shall include the following: 

15 (1) FINANCIAL ASSISTANCE.— 

16 (A) An assessment of— 

17 (i) the subsidies and financial assist18 ance for child care and school age care 

19 made available by the Coast Guard to 

20 qualified families; and 

21 (ii) the extent to which qualified fami22 lies have taken advantage of such subsidies 

23 and assistance. 

24 (B) The average number of days be25 tween— 


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1 (i) the date on which an application 

2 for a subsidy or other financial assistance 

3 for child care or school age care is sub4 mitted by a qualified family; and 

5 (ii) upon approval of an application, 

6 the date on which such subsidy or assist7 ance is received by the qualified family. 

8 (C) Recommendations for streamlining the 

9 payment of such subsidies and financial assist10 ance. 

11 (D) The amount of funding allocated to 

12 such subsidies and financial assistance. 

13 (E) The remaining costs for child care or 

14 school age care to qualified families that are 

15 not covered by the Coast Guard. 

16 (F) A description of barriers to access to 

17 such subsidies and financial assistance. 

18 (G) The number of qualified families that 

19 do not receive any such subsidies or financial 

20 assistance. 

21 (H) An assessment whether there is a need 

22 for increased subsidies and financial assistance 

23 for child care or school age care for qualified 

24 families in areas with high costs of living. 

25 (2) REGULATION OF CHILD CARE SERVICES.— 


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1 (A) An assessment of— 

2 (i) the regulations of States with re3 spect to child care services (such as staff4 ing, space and furnishings, safety, and cur5 riculum requirements, and allowable care 

6 hours); and 

7 (ii) the effect that differences in such 

8 regulations may have on access to child 

9 care for qualified families. 

10 (B) An assessment of— 

11 (i) the regulations of the Coast Guard 

12 and the Department of Defense with re13 spect to child development centers and 

14 other child care providers (including school 

15 age care providers), and a comparison of 

16 such regulations with similar State regula17 tions; and 

18 (ii) the effect that such regulations 

19 may have on access to child care and 

20 school age care for qualified families. 

21 (C) The number of qualified families, and 

22 children, that do not have access to a Coast 

23 Guard child development center for child care. 

24 (3) PARITY WITH DEPARTMENT OF DE25 FENSE.— 


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1 (A) IN GENERAL.—The differences be2 tween child care and school age care services of3 fered by the Coast Guard and child care and 

4 school age care authorities of the Coast Guard 

5 and the Department of Defense relating to the 

6 following: 

7 (i) Authorized uses of appropriated 

8 funds for child care and school age care 

9 services. 

10 (ii) Access to, and total capacity of, 

11 Coast Guard child development centers and 

12 Department of Defense child development 

13 centers. 

14 (iii) Child care and school age care 

15 programs or policy. 

16 (iv) Coast Guard and Department of 

17 Defense programs to provide additional as18 sistance to members and civilian employees 

19 with respect to child care and school age 

20 care options. 

21 (v) Respite care programs. 

22 (vi) Nonappropriated funds. 

23 (vii) Coast Guard and Department of 

24 Defense support of certified Family Child 

25 Care centers. 


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1 (viii) Coast Guard and Department of 

2 Defense publicly available online resources 

3 for families seeking military child care and 

4 school age care. 

5 (4) FEASIBILITY.—An analysis of the feasibility 

6 of the Commandant entering into agreements with 

7 private child care and school age care service pro8 viders to provide child care and school age care for 

9 qualified families. 

10 (5) AVAILABILITY.—An analysis of the avail11 ability of child care and school age care for qualified 

12 families, including accessibility after normal work 

13 hours, proximity, and total capacity. 

14 (6) RECOMMENDATIONS.—Recommendations— 

15 (A) to improve access to child care and 

16 school age care for qualified families; 

17 (B) to ensure parity between the Coast 

18 Guard and the Department of Defense with re19 spect to child care and school age care; 

20 (C) to expand access to child care and 

21 school age care for all qualified families, includ22 ing qualified families that have a child with spe23 cial needs; and 

24 (D) to ensure that regional child care and 

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1 tor, or district level are identified, assessed, and 

2 reasonably evaluated by the Commandant for 

3 future infrastructure needs. 

4 (7) OTHER MATTERS.—A description or anal5 ysis of any other matter the Comptroller General 

6 considers relevant to the improvement of expanded 

7 access to child care and school age care for qualified 

8 families. 

9 SEC. 242. REVIEW OF FAMILY SUPPORT SERVICES WEBSITE 

10 AND ONLINE TRACKING SYSTEM. 

11 (a) MEMORANDUM OF UNDERSTANDING.— 

12 (1) IN GENERAL.—The Commandant shall 

13 enter into a memorandum of understanding with the 

14 Secretary of Defense to enable qualified families to 

15 access the website at https://militarychildcare.com 

16 (or a successor website) for purposes of Coast Guard 

17 family access to information with respect to State18 accredited child development centers and other child 

19 care support services as such services become avail20 able from the Department of Defense through such 

21 website. The memorandum shall provide for the ex22 pansion of the geographical areas covered by such 

23 website, including regions in which qualified families 

24 live that are not yet covered by the program. 


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1 (2) INCLUSION OF CHILD DEVELOPMENT CEN2 TERS ACCESSIBLE UNDER PILOT PROGRAM.—The in3 formation accessible pursuant to the memorandum 

4 of understanding required by paragraph (1) shall in5 clude information with respect to any child develop6 ment center accessible pursuant to the pilot program 

7 under section 244. 

8 (3) ELECTRONIC REGISTRATION, PAYMENT, 

9 AND TRACKING SYSTEM.—Not later than one year 

10 after the date of the enactment of this Act, the 

11 Commandant shall develop and maintain an internet 

12 website of the Coast Guard accessible to qualified 

13 families to carry out the following activities: 

14 (A) Register children for a Coast Guard 

15 child development center. 

16 (B) Make online child care payments to a 

17 Coast Guard child development center. 

18 (C) Track the status of a child on the 

19 waitlist of a Coast Guard child development 

20 center, including the placement and position of 

21 the child on the waitlist. 

22 (b) WAITLIST.— 

23 (1) IN GENERAL.—The Commandant shall 

24 maintain a record of the waitlist for each Coast 

25 Guard child development center. 


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1 (2) MATTERS TO BE INCLUDED.—Each record 

2 under paragraph (1) shall include the following: 

3 (A) The total number of children of quali4 fied families on the waitlist. 

5 (B) With respect to each child on the 

6 waitlist— 

7 (i) the age of the child; 

8 (ii) the number of days the child has 

9 been on the waitlist; 

10 (iii) the position of the child on the 

11 waitlist; 

12 (iv) any special needs consideration; 

13 and 

14 (v) information on whether a sibling 

15 of the child is on the waitlist of, or cur16 rently enrolled in, the Coast Guard child 

17 development center concerned. 

18 (3) REQUIREMENT TO ARCHIVE.—Information 

19 placed in the record of a Coast Guard child develop20 ment center under paragraph (1) shall be archived 

21 for a period of not less than 10 years after the date 

22 of its placement in the record. 

23 SEC. 243. STUDY AND SURVEY ON COAST GUARD CHILD 

24 CARE NEEDS. 

25 (a) STUDY.— 


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

2 after the date of the enactment of this Act, and for 

3 each of the two fiscal years thereafter, the Com4 mandant shall conduct a study on the child care 

5 needs of qualified families that incorporates— 

6 (A) the results of the survey under sub7 section (b); and 

8 (B) any other information the Com9 mandant considers appropriate to ensure ade10 quate tracking and future needs-based assess11 ments with respect to adequate access to Coast 

12 Guard child development centers. 

13 (2) CONSULTATION.—In conducting a study 

14 under paragraph (1), the Commandant may consult 

15 a federally funded research and development center. 

16 (3) SCOPE OF DATA.—The data obtained 

17 through each study under paragraph (1) shall be ob18 tained on a regional basis, including by Coast Guard 

19 unit, sector, and district. 

20 (b) SURVEY.— 

21 (1) IN GENERAL.—Together with each study 

22 under subsection (a), and annually as the Com23 mandant considers appropriate, the Commandant 

24 shall carry out a survey of individuals described in 


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1 paragraph (2) on access to Coast Guard child devel2 opment centers. 

3 (2) PARTICIPANTS.— 

4 (A) IN GENERAL.—The Commandant shall 

5 seek the participation in the survey of the fol6 lowing Coast Guard individuals: 

7 (i) Commanding officers, regardless of 

8 whether the commanding officers have chil9 dren. 

10 (ii) Regular and reserve personnel. 

11 (iii) Spouses of individuals described 

12 in clauses (i) and (ii). 

13 (B) SCOPE OF PARTICIPATION.—Individ14 uals described in clauses (i) through (iii) of sub15 paragraph (A) shall be surveyed regardless of 

16 whether such individuals use or have access to 

17 Coast Guard child development centers or other 

18 Federal child care facilities. 

19 (C) VOLUNTARY PARTICIPATION.—Partici20 pation of any individual described in subpara21 graph (A) in a survey shall be on a voluntary 

22 basis. 

23 (c) AVAILABILITY.—On request, the Commandant 

24 shall submit to the Committee on Commerce, Science, and 

25 Transportation of the Senate and the Committee on 


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1 Transportation and Infrastructure of the House of Rep2 resentatives the results of a study or survey under this 

3 section. 

4 SEC. 244. PILOT PROGRAM TO EXPAND ACCESS TO CHILD 

5 CARE. 

6 (a) IN GENERAL.—Commencing not later than 60 

7 days after the date on which the report under section 241 

8 is submitted, the Commandant shall carry out a pilot pro9 gram, based on the recommendations provided in such re10 port, to expand access to public or private child develop11 ment centers for qualified families. 

12 (b) DURATION.—The duration of the pilot program 

13 under subsection (a) shall be not more than three years 

14 beginning on the date on which the pilot program is estab15 lished. 

16 (c) DISCHARGE ON REGIONAL BASIS.—The Com17 mandant— 

18 (1) may carry out the pilot program on a re19 gional basis; and 

20 (2) shall include in the pilot program remote 

21 and urban locations. 

22 (d) RESERVATION OF CHILD CARE SLOTS.—As part 

23 of the pilot program, the Commandant shall seek to enter 

24 into one or more memoranda of understanding with one 


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1 or more child development centers to reserve slots for 

2 qualified families in locations in which— 

3 (1) the Coast Guard lacks a Coast Guard child 

4 development center; or 

5 (2) the waitlists for the nearest Coast Guard 

6 child development center or Department of Defense 

7 child development center, where applicable, indicate 

8 that qualified families may not be accommodated. 

9 (e) ANNUAL ASSESSMENT OF RESULTS.—As part of 

10 any study conducted pursuant to section 243(a) after the 

11 end of the one-year period beginning with the commence12 ment of the pilot program, the Commandant shall also un13 dertake a current assessment of the impact of the pilot 

14 program on access to child development centers for quali15 fied families. The Commandant shall include the results 

16 of any such assessment in the results of the most current 

17 study or survey submitted pursuant to section 243(b). 

18 SEC. 245. IMPROVEMENTS TO COAST GUARD-OWNED FAM19 ILY HOUSING. 

20 The Commandant may use amounts authorized for 

21 operations and support to conduct improvements on Coast 

22 Guard-owned housing— 

23 (1) to improve or address a housing unit defi24 ciency found during a family child care provider, 

25 health, fire and safety, or other home inspection; 


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1 (2) to ensure a housing unit is maintained at 

2 the standard necessary to meet health, fire and safe3 ty, or other home inspection requirements so as to 

4 enable the establishment of a Coast Guard family 

5 child care center in the housing unit; and 

6 (3) to the maximum extent practicable, the 

7 Commandant shall ensure that, in a location in 

8 which Coast Guard family child care centers are nec9 essary to meet the demand for child care for quali10 fied families, not fewer than two housing units are 

11 maintained in accordance with safety inspection 

12 standards so as to accommodate family child care 

13 providers. 

14 SEC. 246. BRIEFING ON TRANSFER OF FAMILY CHILD CARE 

15 PROVIDER QUALIFICATIONS AND CERTIFI16 CATIONS. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of the enactment of this Act, the Commandant shall 

19 brief the Committee on Commerce, Science, and Transpor20 tation of the Senate and the Committee on Transportation 

21 and Infrastructure of the House of Representatives on the 

22 feasibility of developing a policy to allow the transfer of 

23 a Coast Guard-mandated family child care provider quali24 fication or certification between Coast Guard-owned hous25 ing units if, as determined by the Commandant— 


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1 (1) the qualification or certification is not ex2 pired; 

3 (2) the transfer of the qualification or certifi4 cation would not pose a danger to any child in the 

5 care of the family child care provider; and 

6 (3) the transfer would expedite the ability of 

7 the family child care provider to establish, admin8 ister, and provide family home daycare in a Coast 

9 Guard-owned housing unit. 

10 (b) BRIEFING ELEMENT.—The briefing required by 

11 subsection (a) shall include analysis of options for trans12 ferring a Coast Guard-mandated family child care pro13 vider qualification or certification as described in that sub14 section, and of any legal challenges associated with such 

15 transfer. 

16 (c) RULE OF CONSTRUCTION.—The policy under sub17 section (a) shall not be construed to supersede any other 

18 applicable Federal, State, or local law (including regula19 tions) relating to the provision of child care services. 

20 SEC. 247. EMPLOYEES OF COAST GUARD CHILD DEVELOP21 MENT CENTERS. 

22 (a) TRAINING AND CURRICULUM SPECIALIST.—The 

23 Commandant shall require that at least one employee at 

24 each Coast Guard child development center is a specialist 

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1 mandant shall ensure that such employees have appro2 priate credentials and experience. 

3 (b) DUTIES.—An employee described in subsection 

4 (a) shall— 

5 (1) carry out special teaching activities at the 

6 Coast Guard child development center concerned; 

7 (2) provide— 

8 (A) daily oversight and instruction of other 

9 child care employees at such Coast Guard child 

10 development center; 

11 (B) daily assistance in the preparation of 

12 lesson plans for such Coast Guard child devel13 opment center; and 

14 (C) assistance in the child abuse preven15 tion and detection program of such Coast 

16 Guard child development center; and 

17 (3) advise the director of such Coast Guard 

18 child development center on the performance of 

19 other child care employees at such center. 

20 (c) EMPLOYEE STATUS.—Each employee referred to 

21 in subsection (a) shall be an employee of the Coast Guard 

22 in a competitive service position. 


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1 SEC. 248. INSPECTIONS OF COAST GUARD CHILD DEVELOP2 MENT CENTERS AND FAMILY CHILD CARE 

3 PROVIDERS. 

4 (a) CHILD DEVELOPMENT CENTERS.— 

5 (1) IN GENERAL.—Not less than twice annu6 ally, the Commandant shall ensure that each Coast 

7 Guard child development center is subject to an un8 announced inspection. 

9 (2) RESPONSIBILITY FOR INSPECTIONS.—Of 

10 the annual inspections under paragraph (1)— 

11 (A) one shall be carried out by a represent12 ative of the Coast Guard installation served by 

13 the Coast Guard child development center con14 cerned; and 

15 (B) one shall be carried out by a rep16 resentative of the Coast Guard Child Develop17 ment Services Work Life Programs. 

18 (b) FAMILY CHILD CARE PROVIDERS.— 

19 (1) IN GENERAL.—Not less frequently than 

20 quarterly, the Commandant shall ensure that each 

21 family child care provider is subject to inspection. 

22 (2) RESPONSIBILITY FOR INSPECTIONS.—Of 

23 the quarterly inspections under paragraph (1) each 

24 year— 

25 (A) three inspections shall be carried out 

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1 tion served by the family child care provider 

2 concerned; and 

3 (B) one inspection shall be carried out by 

4 a representative of the Coast Guard Child De5 velopment Services Work Life Programs. 

6 SEC. 249. EXPANDING OPPORTUNITIES FOR FAMILY CHILD 

7 CARE. 

8 The Commandant shall allow family child care pro9 grams to occur at off-base housing, including off-base 

10 Coast Guard-owned or subsidized housing. The Com11 mandant shall establish a procedure to ensure that all re12 quirements with respect to such family child care pro13 grams are met, including home inspections. 

14 SEC. 250. DEFINITIONS. 

15 In this subtitle: 

16 (1) COAST GUARD CHILD DEVELOPMENT CEN17 TER.—The term ‘‘Coast Guard child development 

18 center’’ has the meaning given that term in section 

19 2921(3) of title 14, United States Code. 

20 (2) COAST GUARD FAMILY CHILD CARE CEN21 TER.—The term ‘‘Coast Guard family child care 

22 center’’ means a location at which family home 

23 daycare is provided. 


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1 (3) FAMILY CHILD CARE PROVIDER.—The term 

2 ‘‘family child care provider’’ means an individual 

3 who provides family home daycare. 

4 (4) FAMILY HOME DAYCARE.—The term ‘‘fam5 ily home daycare’’ has the meaning given that term 

6 in section 2921(5) of title 14, United States Code. 

7 (5) QUALIFIED FAMILY.—The term ‘‘qualified 

8 family’’ means any regular, reserve, or retired mem9 ber of the Coast Guard, and any civilian employee 

10 of the Coast Guard, with one or more dependents. 

11 Subtitle D—Reports 

12 SEC. 261. MODIFICATIONS OF CERTAIN REPORTING RE13 QUIREMENTS. 

14 (a) USE OF CERTAIN APPROPRIATED FUNDS.—Sec15 tion 903 of title 14, United States Code, is amended— 

16 (1) in subsection (d)(1), by striking ‘‘reporting’’ 

17 and inserting ‘‘briefing’’; and 

18 (2) in paragraph (2)— 

19 (A) in the paragraph heading, by striking 

20 ‘‘REPORT’’ and inserting ‘‘BRIEFING’’; and 

21 (B) by striking ‘‘report’’ each place it ap22 pears and inserting ‘‘brief’’. 

23 (b) ESPECIALLY HAZARDOUS CARGO.—Subsection 

24 (e) of section 70103 of title 46, United States Code, is 

25 amended to read as follows: 


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1 ‘‘(e) ESPECIALLY HAZARDOUS CARGO.— 

2 ‘‘(1) ENFORCEMENT OF SECURITY ZONES.— 

3 Consistent with other provisions of Federal law, the 

4 Coast Guard shall coordinate and be responsible for 

5 the enforcement of any Federal security zone estab6 lished by the Coast Guard around a vessel con7 taining especially hazardous cargo. The Coast Guard 

8 shall allocate available resources so as to deter and 

9 respond to a transportation security incident, to the 

10 maximum extent practicable, and to protect lives or 

11 protect property in danger. 

12 ‘‘(2) ESPECIALLY HAZARDOUS CARGO DE13 FINED.—In this subsection, the term ‘especially haz14 ardous cargo’ means anhydrous ammonia, ammo15 nium nitrate, chlorine, liquefied natural gas, lique16 fied petroleum gas, and any other substance, mate17 rial, or group or class of material, in a particular 

18 amount and form that the Secretary determines by 

19 regulation poses a significant risk of creating a 

20 transportation security incident while being trans21 ported in maritime commerce.’’. 

22 (c) COMPLIANCE WITH SECURITY STANDARDS.— 

23 Section 809 of the Coast Guard and Maritime Transpor24 tation Act of 2004 (Public Law 108–293; 46 U.S.C. 


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1 70101 note) is amended by striking subsections (g) and 

2 (i). 

3 (d) MARINE SAFETY LONG-TERM STRATEGY.—Sec4 tion 2116 of title 46, United States Code, is amended— 

5 (1) in subsection (a), by striking ‘‘The strategy 

6 shall include the issuance of a triennial plan’’ and 

7 inserting ‘‘The 5-year strategy shall include the 

8 issuance of a plan’’; 

9 (2) in subsection (b)— 

10 (A) in the subsection heading, by striking 

11 ‘‘CONTENTS OF STRATEGY AND TRIENNIAL

12 PLANS’’ and inserting ‘‘5-YEAR STRATEGY AND

13 PLAN’’; 

14 (B) in paragraph (1), in the matter pre15 ceding subparagraph (A), by striking ‘‘strategy 

16 and triennial plans’’ and inserting ‘‘5-year 

17 strategy and plan’’; and 

18 (C) in paragraph (2)— 

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘strategy and tri21 ennial plans’’ and inserting ‘‘5-year strat22 egy and plan’’; and 

23 (ii) in subparagraph (A), by striking 

24 ‘‘plans’’ and inserting ‘‘plan’’; 

25 (3) in subsection (c)— 


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1 (A) by striking ‘‘The Secretary’’ and in2 serting ‘‘Not later than 5 years after the date 

3 of the enactment of the Coast Guard Authoriza4 tion Act of 2019, and every 5 years thereafter, 

5 the Secretary’’; and 

6 (B) by striking ‘‘triennial’’; and 

7 (4) in subsection (d)— 

8 (A) in paragraph (1), by striking ‘‘No less 

9 frequently than semiannually’’ and inserting 

10 ‘‘In conjunction with the submission of the 5- 

11 year strategy and plan’’; and 

12 (B) in paragraph (2)— 

13 (i) in the paragraph heading, by strik14 ing ‘‘REPORT TO CONGRESS’’ and inserting 

15 ‘‘PERIODIC BRIEFINGS’’; 

16 (ii) in the matter preceding subpara17 graph (A), by striking ‘‘report triennially’’ 

18 and all that follows through ‘‘the Senate’’ 

19 and inserting ‘‘periodically brief the Com20 mittee on Commerce, Science, and Trans21 portation of the Senate and the Committee 

22 on Transportation and Infrastructure of 

23 the House of Representatives’’; 

24 (iii) in subparagraph (A)— 

25 (I) by striking ‘‘annual’’; and 


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1 (II) by striking ‘‘for the year cov2 ered by the report’’ and inserting ‘‘for 

3 the period covered by the briefing’’; 

4 and 

5 (iv) in subparagraph (B)(ii), by strik6 ing ‘‘plans’’ and inserting ‘‘plan’’. 

7 (e) ABANDONED SEAFARERS FUND.—Section 

8 11113(a) of title 46, United States Code, is amended— 

9 (1) in paragraph (4), by striking ‘‘On the date’’ 

10 and inserting ‘‘Except as provided in paragraph (5), 

11 on the date’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(5) NO REPORT REQUIRED.—A report under 

14 paragraph (4) shall not be required if there were no 

15 expenditures from the Fund in the preceding fiscal 

16 year. The Commandant shall notify Congress in the 

17 event a report is not required under paragraph (4) 

18 by reason of this paragraph.’’. 

19 (f) MAJOR ACQUISITION PROGRAM RISK ASSESS20 MENT.—Section 5107 of title 14, United States Code, is 

21 amended— 

22 (1) in subsection (a), by striking ‘‘April 15 and 

23 October 15’’ and inserting ‘‘October 15’’; and 

24 (2) in subsection (b)— 


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1 (A) in paragraph (2), by striking ‘‘the 2 

2 fiscal-year quarters preceding such assessment’’ 

3 and inserting ‘‘the previous fiscal year’’; 

4 (B) in paragraph (3), by striking ‘‘such 2 

5 fiscal-year quarters’’ and inserting ‘‘such fiscal 

6 year’’; 

7 (C) in paragraph (4), by striking ‘‘such 2 

8 fiscal-year quarters’’ and inserting ‘‘such fiscal 

9 year’’; and 

10 (D) in paragraph (5), by striking ‘‘such 2 

11 fiscal-year quarters’’ and inserting ‘‘such fiscal 

12 year’’. 

13 SEC. 262. REPORT ON CYBERSECURITY WORKFORCE. 

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

15 date of the enactment of this Act, the Commandant shall 

16 submit to the Committee on Commerce, Science, and 

17 Transportation of the Senate and the Committee on 

18 Transportation and Infrastructure of the House of Rep19 resentatives a report on how the Coast Guard plans to 

20 establish a workforce with the cybersecurity expertise to 

21 provide prevention assessments and response capacity to 

22 Operational Technology (OT) and Industrial Control Sys23 tems (ICS) in national port and maritime environments. 

24 (b) CONTENTS.—The report under subsection (a) 

25 shall include the following: 


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1 (1) A description of the number and skills of 

2 active duty and reserve Coast Guard members ex3 pected for initial operating capacity and full oper4 ating capacity of the workforce described in sub5 section (a). 

6 (2) A description of the career development 

7 path for officers and enlisted members participating 

8 in the workforce. 

9 (3) A determination of how the workforce will 

10 fulfill the cybersecurity needs of the Area Maritime 

11 Security Council and United States port environ12 ments. 

13 (4) A determination of how the workforce will 

14 integrate with the Hunt and Incident Response 

15 (HIRT) and Assessment Teams of the Cyber and 

16 Infrastructure Security Agency (CISA) of the De17 partment of Homeland Security. 

18 (5) An assessment of successful models used by 

19 other Armed Forces, including National Guard, to 

20 recruit, maintain and utilize a cyber workforce in21 cluding the use of Reserve personnel for that pur22 pose. 


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1 SEC. 263. REPORT ON NAVIGATION AND BRIDGE RESOURCE 

2 MANAGEMENT. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of the enactment of this Act, the Commandant shall 

5 submit to the Committee on Commerce, Science, and 

6 Transportation of the Senate and the Committee on 

7 Transportation and Infrastructure of the House of Rep8 resentatives a report on the training and qualification 

9 processes of the Coast Guard for deck watch officers, with 

10 a specific focus on basic navigation, bridge resource man11 agement, crew rest, and qualification processes. 

12 (b) CONTENTS.—The report under subsection (a) 

13 shall include the following: 

14 (1) Recommendations for improving pipeline 

15 training, if necessary, and an assessment how com16 mercial industry best practices on pipeline training 

17 can be incorporated into military at sea 

18 watchkeeping. 

19 (2) A detailed description of the deck watch of20 ficer assessment process of the Coast Guard. 

21 (3) A list of programs that have been approved 

22 for credit toward merchant mariner credentials. 

23 (4) A complete analysis of the gap between the 

24 existing curriculum for deck watch officer training 

25 and the Standards of Training, Certification, and 

26 Watchkeeping (STCW) for officer in charge of a 


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1 navigational watch at the operational level, Chief 

2 level, and Master level. 

3 (5) A complete analysis of the gap between the 

4 existing training curriculum for deck watch officers 

5 and the licensing requirement for 3rd mate unlim6 ited, Chief, and Master. 

7 (6) An assessment of deck watch officer options 

8 to complete the 3rd mate unlimited license and the 

9 qualification under the Standards of Training, Cer10 tification, and Watchkeeping for officer in charge of 

11 a navigational watch. 

12 (7) An assessment of senior deck watch officer 

13 options to complete the Chief Mate and Master un14 limited license and the qualification under the 

15 Standards of Training, Certification, and 

16 Watchkeeping for Chief Mate and Master. 

17 SEC. 264. REPORT ON THE ARCTIC CAPABILITIES OF THE 

18 ARMED FORCES. 

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

20 after the date of the enactment of this Act, the Secretary 

21 of Homeland Security, with the concurrence of the Sec22 retary of Defense, shall submit to the appropriate commit23 tees of Congress a report on the Arctic capabilities of the 

24 Armed Forces. 


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1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include the following: 

3 (1) A comparison of the capabilities of the 

4 United States, the Russian Federation, the People’s 

5 Republic of China, and other countries operating in 

6 the Arctic, including an assessment of the ability of 

7 the navy of each such country to operate in varying 

8 sea-ice conditions. 

9 (2) A description of commercial and foreign 

10 military surface forces currently operating in the 

11 Arctic in conditions inaccessible to Navy surface 

12 forces. 

13 (3) An assessment of the potential security risk 

14 posed to Coast Guard forces by military forces of 

15 other countries operating in the Arctic in conditions 

16 inaccessible to Navy surface or aviation forces in the 

17 manner such forces currently operate. 

18 (4) A comparison of the domain awareness ca19 pabilities of— 

20 (A) Coast Guard forces operating alone; 

21 and 

22 (B) Coast Guard forces operating in tan23 dem with Navy surface and aviation forces and 

24 the surface and aviation forces of other allies. 


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1 (5) A comparison of the defensive capabilities 

2 of— 

3 (A) Coast Guard forces operating alone; 

4 and 

5 (B) Coast Guard forces operating in mu6 tual defense with Navy forces, other Armed 

7 Forces, and the military forces of allies. 

8 (c) FORM.—The report required under subsection (a) 

9 shall be submitted in unclassified form, but may contain 

10 a classified annex. 

11 (d) APPROPRIATE COMMITTEES OF CONGRESS DE12 FINED.—In this section, the term ‘‘appropriate commit13 tees of Congress’’ means— 

14 (1) the Committee on Armed Services, the 

15 Committee on Commerce, Science, and Transpor16 tation, and the Committee on Appropriations of the 

17 Senate; and 

18 (2) the Committee on Armed Services, the 

19 Committee on Transportation and Infrastructure, 

20 and the Committee on Appropriations of the House 

21 of Representatives. 

22 SEC. 265. REPORT ON ARCTIC SEARCH AND RESCUE. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of the enactment of this Act, the Commandant shall 

25 submit to the Committee on Commerce, Science, and 


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1 Transportation of the Senate and the Committee on 

2 Transportation and Infrastructure of the House of Rep3 resentatives a report on the search and rescue capabilities 

4 of the Coast Guard in Arctic coastal communities. 

5 (b) CONTENTS.—The report under subsection (a) 

6 shall include the following: 

7 (1) An identification of ways in which the Coast 

8 Guard can more effectively partner with Arctic 

9 coastal communities to respond to search and rescue 

10 incidents through training, funding, and deployment 

11 of assets. 

12 (2) An analysis of the costs of forward deploy13 ing on a seasonal basis Coast Guard assets in sup14 port of such communities for responses to such inci15 dents. 

16 SEC. 266. REPORT ON HELICOPTER LIFE CYCLE SUPPORT 

17 AND RECAPITALIZATION. 

18 (a) FINDINGS.—Congress makes the following find19 ings: 

20 (1) The acquisition strategy of the Coast Guard 

21 to recapitalize its fleet of MH–65 helicopters for 

22 land-based and sea-based operations is critical to 

23 maintaining the various missions of the Coast 

24 Guard. 


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1 (2) As of July 2019, the Commandant intends 

2 to leverage the Department of Defense future 

3 vertical lift acquisition program in the mid-2030s to 

4 replace the legacy fleet of the Coast Guard, and in 

5 the interim, continue the service life extension pro6 gram of the MH–65D fleet to an upgraded ‘‘Echo’’ 

7 capability. 

8 (3) The current MH–65 sustainment plan may 

9 be under resourced and insufficient to accommodate 

10 the additional hours required to meet operational de11 mands until recapitalization. 

12 (b) REPORT.—Not later than 180 days after the date 

13 of the enactment of this Act, the Commandant shall sub14 mit to the Committee on Commerce, Science, and Trans15 portation of the Senate and the Committee on Transpor16 tation and Infrastructure of the House of Representatives 

17 a report that— 

18 (1) includes an updated fleet life-cycle analysis 

19 and service life extension plan that includes dynamic 

20 components, and which clearly demonstrates the 

21 mission viability of the MH–65 through anticipated 

22 fleet recapitalization; 

23 (2) includes a realistic sustainment budget nec24 essary to achieve the operational availability rates 


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1 necessary to meet MH–65 mission requirements 

2 through fleet recapitalization; 

3 (3) includes an update on the status of the 

4 Coast Guard MH–65 helicopter recapitalization; and 

5 (4) includes a description of any alternative, 

6 available, and cost-effective Government and civil 

7 systems, or updates, that the Coast Guard is consid8 ering for MH–65 operational missions, including 

9 Coast Guard cutter deployability requirements, in 

10 the event of delays to the future vertical lift program 

11 of the Coast Guard. 

12 SEC. 267. REPORT ON RESPONSE TO RACIAL DISCRIMINA13 TION AT THE COAST GUARD ACADEMY. 

14 Not later than 180 days after the release of the In15 spector General of the Department of Homeland Security 

16 report titled ‘‘Allegations of Racial Discrimination and In17 adequate Action at the United States Coast Guard Acad18 emy’’, the Commandant shall submit to Congress a report 

19 on the implementation of the recommendations made by 

20 the Inspector General. The report of the Commandant 

21 shall include a timeline, accountability measures, and 

22 metrics for evaluation of the comprehensive implementa23 tion of the recommendations in the report of the Inspector 

24 General, and of such other measures in connection with 


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1 such recommendations as have been specified by the Sec2 retary of Homeland Security. 

3 SEC. 268. REPORT ON COAST GUARD RESPONSE CAPABILI4 TIES FOR CYBER INCIDENTS ON VESSELS EN5 TERING PORTS OR WATERS OF THE UNITED 

6 STATES. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of the enactment of this Act, the Commandant shall 

9 submit to the Committee on Commerce, Science, and 

10 Transportation of the Senate and the Committee on 

11 Transportation and Infrastructure of the House of Rep12 resentatives a report on the response capabilities of the 

13 Coast Guard with respect to cyber incidents on vessels en14 tering ports or waters of the United States. 

15 (b) REVIEW.—The report under subsection (a) shall 

16 include a review of each of the following: 

17 (1) The number and type of commercial vessels 

18 of the United States subject to regulations under 

19 part 104 of title 33, Code of Federal Regulations (or 

20 any corresponding similar regulation or ruling). 

21 (2) Policies and guidance issued by the Com22 mandant, in accordance with guidelines on cyber risk 

23 management of the International Maritime Organi24 zation, to vessels of the United States. 


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1 (3) Measures to be taken by owners or opera2 tors of commercial vessels of the United States to 

3 increase cybersecurity posture on such vessels. 

4 (4) Responses of the Commandant to cyber in5 cidents on vessels described in paragraph (1) prior 

6 to the date of the enactment of this Act. 

7 (5) Response protocols followed by personnel of 

8 the Coast Guard to a cyber incident on any vessel 

9 described in paragraph (1) experienced while that 

10 vessel is traveling to ports or waters of the United 

11 States. 

12 (6) Oversight by the Commandant of— 

13 (A) vessel-to-facility interface, as defined 

14 in section 101.105 of title 33, Code of Federal 

15 Regulations (or any corresponding similar regu16 lation or ruling); and 

17 (B) actions taken by the Coast Guard in 

18 coordination with vessel and facility owners and 

19 operators to protect commercial vessels and 

20 port facility infrastructure from cyber attacks 

21 and proliferation. 

22 (7) Requirements of the Commandant for the 

23 reporting of cyber incidents that occur on the vessels 

24 described in paragraph (1). 


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1 (c) RECOMMENDATIONS AND APPROPRIATIONS.— 

2 The Commandant shall include in the report under sub3 section (a)— 

4 (1) recommendations— 

5 (A) to improve cyber incident response; 

6 and 

7 (B) for policies to address gaps identified 

8 by the review under subsection (b); and 

9 (2) a description of authorities and appropria10 tions necessary to improve the preparedness of the 

11 Coast Guard for cyber incidents on vessels entering 

12 ports or waters of the United States and the ability 

13 of the Coast Guard to prevent and respond to such 

14 incidents. 

15 (d) FORM.—The report required under subsection (a) 

16 shall be submitted in unclassified form, but may contain 

17 a classified annex. 

18 (e) VESSEL OF THE UNITED STATES DEFINED.—In 

19 this section, the term ‘‘vessel of the United States’’ has 

20 the meaning given such term in section 116 of title 46, 

21 United States Code. 


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1 SEC. 269. STUDY AND REPORT ON COAST GUARD INTERDIC2 TION OF ILLICIT DRUGS IN THE TRANSIT 

3 ZONES. 

4 (a) FINDINGS.—Congress makes the following find5 ings: 

6 (1) The Coast Guard seizes an average of 1,221 

7 pounds of cocaine and 85 pounds of marijuana each 

8 day in the transit zones of the Eastern Pacific 

9 Ocean, Caribbean Sea, and Southern maritime bor10 der approaches. 

11 (2) The Joint Interagency Task Force–South 

12 (JIATF–South) estimates that it has a spectrum of 

13 actionable intelligence on more than 80 percent of 

14 drug movements into the United States from Central 

15 America and South America. 

16 (3) The Coast Guard must balance asset alloca17 tion across 11 statutory missions. As such, the 

18 Coast Guard interdicts less than 10 percent of mari19 time noncommercial smuggling of illicit drugs into 

20 the United States from Central America and South 

21 America. 

22 (4) In 2017, the Government Accountability Of23 fice recommended that the Commandant of the 

24 Coast Guard— 

25 (A) develop new performance goals relating 

26 to the interdiction of illicit drugs smuggled into 


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1 the United States, or describe the manner in 

2 which existing goals are sufficient; 

3 (B) report such goals to the public; 

4 (C) assess the extent to which limitations 

5 in performance data with respect to such goals 

6 are documented; 

7 (D) document measurable corrective ac8 tions and implementation timeframes with re9 spect to such goals; and 

10 (E) document efforts to monitor implemen11 tation of such corrective actions. 

12 (b) STUDY.—The Secretary of Homeland Security, in 

13 coordination with the Secretary of Defense and the heads 

14 of other relevant Federal agencies, shall conduct a study 

15 in order to identify gaps in resources that contribute to 

16 low interdiction rates for maritime noncommercial smug17 gling of illicit drugs into the United States from Central 

18 America and South America despite having actionable in19 telligence on more than 80 percent of drug movements in 

20 the transit zones of the Eastern Pacific Ocean, Caribbean 

21 Sea, and Southern maritime border approaches. 

22 (c) REPORT.—Not later than 1 year after the date 

23 of the enactment of this Act, the Secretary of Homeland 

24 Security shall submit to the Committee on Commerce, 

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1 mittee on Transportation and Infrastructure of the House 

2 of Representatives a report on the results of the study 

3 under subsection (b). 

4 (d) FORM.—The report required under subsection (a) 

5 shall be submitted in unclassified form, but may contain 

6 a classified annex. 

7 SEC. 270. REPORT ON EFFECTS OF EXTREME WEATHER 

8 AND RELATED EVENTS ON THE COAST 

9 GUARD. 

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

11 date of the enactment of this Act, the Commandant shall 

12 submit to the Committee on Commerce, Science, and 

13 Transportation of the Senate and the Committee on 

14 Transportation and Infrastructure of the House of Rep15 resentatives a report on vulnerabilities of installations of 

16 the Coast Guard resulting from the current and potential 

17 effects of rising temperatures, rising sea levels, increased 

18 flooding, drought, desertification, wildfires, thawing per19 mafrost, changing ice conditions, and other extreme 

20 weather events, and on requirements for mitigating the 

21 effects of such events on the Coast Guard, over the 20- 

22 year period beginning on the date of the enactment of this 

23 Act. 

24 (b) ELEMENTS.—The report required by subsection 

25 (a) shall include the following: 


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1 (1) A list of the ten most vulnerable installa2 tions of the Coast Guard based on the current and 

3 potential effects of rising temperatures, rising sea 

4 levels, increased flooding, drought, desertification, 

5 wildfires, thawing permafrost, changing ice condi6 tions, other extreme weather events, and any other 

7 effects the Commandant considers necessary. 

8 (2) An overview of mitigations that may be nec9 essary to ensure the continued operational viability 

10 and to increase the resiliency of the installations list11 ed under paragraph (1) and the cost of such mitiga12 tions. 

13 (3) A discussion of the current and potential ef14 fects of rising temperatures, rising sea levels, in15 creased flooding, drought, desertification, wildfires, 

16 thawing permafrost, changing ice conditions, and 

17 other extreme weather events on the Coast Guard, 

18 including— 

19 (A) the increase in the frequency of hu20 manitarian assistance and disaster relief mis21 sions; and 

22 (B) the campaign plans, contingency plans, 

23 and operational posture of the Coast Guard. 


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1 (4) An overview of mitigations that may be nec2 essary to ensure mission resiliency and the cost of 

3 such mitigations. 

4 (c) FORM.—The report required by subsection (a) 

5 shall be submitted in unclassified form, but may include 

6 a classified annex. 

7 SEC. 271. COMPTROLLER GENERAL OF THE UNITED 

8 STATES REPORT ON CERTIFICATE OF COM9 PLIANCE INSPECTION PROGRAM WITH RE10 SPECT TO VESSELS THAT CARRY BULK 

11 LIQUIFIED GASES AS CARGO AND LIQUEFIED 

12 NATURAL GAS TANK VESSELS. 

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

14 date of the enactment of this Act, the Comptroller General 

15 of the United States shall submit to the Committee on 

16 Commerce, Science, and Transportation of the Senate and 

17 the Committee on Transportation and Infrastructure of 

18 the House of Representatives a report on the resources, 

19 regulations, policies, protocols, and other actions designed 

20 to carry out the Coast Guard Certificate of Compliance 

21 program with respect to liquefied natural gas tank vessels 

22 (including examinations under section 153.808 of title 46, 

23 Code of Federal Regulations) and vessels that carry bulk 

24 liquified gases as cargo (including examinations under sec25 tion part154 of title 46, Code of Federal Regulations) for 


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1 purposes of maintaining the efficiency of examinations 

2 under that program. 

3 (b) CONTENTS.—The report under subsection (a) 

4 shall include the following: 

5 (1) An assessment of the adequacy of current 

6 Coast Guard resources, regulations, policies, and 

7 protocols to maintain vessel examination efficiency 

8 while carrying out the program referred to in sub9 section (a) as United States bulk liquified gases 

10 cargo, liquefied natural gas exports, and associated 

11 vessel traffic at United States ports increase. 

12 (2) An evaluation of the constraints and chal13 lenges to maintaining examination efficiency under 

14 the program as United States bulk liquified gases 

15 cargo, liquefied natural gas exports, and associated 

16 vessel traffic at United States ports increase. 

17 (3) Recommendations for changes to resources, 

18 regulations, policies, and protocols to maintain the 

19 efficiency of the program, including analysis of the 

20 following alternatives: 

21 (A) Establishment of a Coast Guard ma22 rine examination unit near the Panama Canal 

23 to conduct inspections under the program on 

24 liquefied natural gas tank vessels bound for the 

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1 ations carried out by Coast Guard Activities 

2 Europe and Coast Guard Activities Far East, 

3 including the effects of the establishment of 

4 such a unit on the domestic aspects of the pro5 gram. 

6 (B) Management of all marine examiners 

7 with gas carrier qualification within each Coast 

8 Guard District by a single Officer in Charge, 

9 Marine Inspection (as defined in section 50.10– 

10 10 of title 46, Code of Federal Regulations) to 

11 improve the efficiency of their vessel examina12 tion assignments. 

13 (C) Extension of the duration of assign14 ment of marine examiners with a gas carrier 

15 qualification at Coast Guard units that most 

16 frequently inspect vessels that carry bulk 

17 liquified gases as cargo and liquefied natural 

18 gas tank vessels. 

19 (D) Increase in the use of civilians to con20 duct and support examinations under the pro21 gram. 

22 (E) Extension of the duration of certifi23 cates of compliance under the program for ves24 sels that carry bulk liquified gases as cargo and 

25 liquefied natural gas tank vessels that are less 


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1 than 10 years of age and participate in a Coast 

2 Guard vessel quality program. 

3 SEC. 272. COMPTROLLER GENERAL OF THE UNITED 

4 STATES REVIEW AND REPORT ON THE COAST 

5 GUARD’S INTERNATIONAL PORT SECURITY 

6 PROGRAM. 

7 (a) GAO REPORT.—Not later than 1 year after the 

8 date of the enactment of this Act, the Comptroller General 

9 of the United States shall submit to the Committee on 

10 Commerce, Science, and Transportation of the Senate and 

11 the Committee on Transportation and Infrastructure of 

12 the House of Representatives a report setting for the re13 sults of a comprehensive review, conducted by the Comp14 troller General for purposes of the report, on the Coast 

15 Guard’s International Port Security Program, including 

16 the findings, and any recommendations for improvement 

17 of the program, of the Comptroller General. 

18 (b) REQUIRED ELEMENTS OF REVIEW.—The review 

19 required under subsection (a) shall include— 

20 (1) review of the actions of the Coast Guard 

21 under the Coast Guard’s International Port Security 

22 Program, since 2014, to enhance foreign port in23 spections; 


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1 (2) review of the actions of the Coast Guard to 

2 recognize and monitor port inspection programs of 

3 foreign governments; 

4 (3) identification and review of the actions the 

5 Coast Guard takes to address any deficiencies it ob6 serves during visits with foreign ports; 

7 (4) identify and review the benchmarks of the 

8 Coast Guard for measuring the effectiveness of the 

9 program; and 

10 (5) review of the extent to which the Coast 

11 Guard and U.S. Customs and Border Protection co12 ordinate efforts to secure cargo at foreign ports. 

13 SEC. 273. COMPTROLLER GENERAL OF THE UNITED 

14 STATES REVIEW AND REPORT ON THE SURGE 

15 CAPACITY OF THE COAST GUARD. 

16 (a) GAO REPORT.—Not later than 60 days after the 

17 date of the enactment of this Act, the Comptroller General 

18 of the United States shall submit to the Committee on 

19 Commerce, Science, and Transportation of the Senate and 

20 the Committee on Transportation and Infrastructure of 

21 the House of Representatives a report setting for the re22 sults of a comprehensive review, conducted by the Comp23 troller General for purposes of the report, on the surge 

24 capacity of the Coast Guard to respond to a catastrophic 

25 incident (such as a hurricane), including the findings, and 


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1 any recommendations for improvement, of the Comptroller 

2 General. 

3 (b) REQUIRED ELEMENTS OF REVIEW.—The review 

4 required under subsection (a) shall include— 

5 (1) a description and review of each Coast 

6 Guard deployment in response to a catastrophic inci7 dent after 2005; 

8 (2) identification of best practices informed by 

9 the deployments described in paragraph (1); 

10 (3) a review of the ability of the surge force of 

11 the Coast Guard to meet the demands of the re12 sponse roles in which it was serving during each de13 ployment described in paragraph (1); 

14 (4) identification of any statutory or regulatory 

15 impediments, such as adaptability, planning, train16 ing, mobilization, or information and resource inte17 gration, to the surge capacity of the Coast Guard in 

18 response to a catastrophic incident; 

19 (5) review of the impacts of a surge of the 

20 Coast Guard in response to a catastrophic incident 

21 on the capacity of the Coast Guard to perform its 

22 statutory missions; 

23 (6) review of the capability of the Coast Guard 

24 to surge in response to concurrent or subsequent 

25 catastrophic incidents; and 


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1 (7) review and description of existing voluntary 

2 and involuntary deployments of Coast Guard per3 sonnel and assets in support of U.S. Customs and 

4 Border Protection response to a national emergency 

5 (as defined in Presidential Proclamation 9844) on 

6 the surge capacity of the Coast Guard in the event 

7 of a catastrophic incident. 

8 (c) DEFINITIONS.—In this section, the terms ‘‘cata9 strophic incident’’ and ‘‘surge capacity’’ have the meaning 

10 given such terms in section 602 of the Post-Katrina Emer11 gency Management Reform Act of 2006 (6 U.S.C. 701). 

12 SEC. 274. COMPTROLLER GENERAL OF THE UNITED 

13 STATES REVIEW AND REPORT ON THE MA14 RINE INSPECTIONS PROGRAM OF THE COAST 

15 GUARD. 

16 (a) GAO REPORT.—Not later than 1 year after the 

17 date of the enactment of this Act, the Comptroller General 

18 of the United States shall submit to the Committee on 

19 Commerce, Science, and Transportation of the Senate and 

20 the Committee on Transportation and Infrastructure of 

21 the House of Representatives a report setting forth the 

22 results of a comprehensive review, conducted by the Comp23 troller General for purposes of the report, on the marine 

24 inspections program of the Coast Guard, including the 


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1 findings, and any recommendations for improvement of 

2 the program, of the Comptroller General. 

3 (b) REQUIRED ELEMENTS OF REVIEW.—The review 

4 required under subsection (a) shall include— 

5 (1) analysis of the demand for marine inspec6 tors; 

7 (2) identification of the number of fully quali8 fied marine inspectors; 

9 (3) determination of whether the number of 

10 marine inspectors identified in paragraph (2) is suf11 ficient to meet the demand described in paragraph 

12 (1); 

13 (4) review of the enlisted marine inspector 

14 workforce compared to the civilian marine inspector 

15 workforce and whether there is any discernable dis16 tinction or impact between such workforces in the 

17 performance of the marine safety mission; 

18 (5) evaluation of the training continuum of ma19 rine inspectors; and 

20 (6) description and review of what actions, if 

21 any, the Coast Guard is taking to adapt to the cur22 rent rise in United States export of crude oil and 

23 other fuels, such as implementing a safety inspection 

24 regime for barges. 


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1 SEC. 275. COMPTROLLER GENERAL OF THE UNITED 

2 STATES REVIEW AND REPORT ON THE INFOR3 MATION TECHNOLOGY PROGRAM OF THE 

4 COAST GUARD. 

5 (a) GAO REPORT.—Not later than 1 year after the 

6 date of the enactment of this Act, the Comptroller General 

7 of the United States shall submit to the Committee on 

8 Commerce, Science, and Transportation of the Senate and 

9 the Committee on Transportation and Infrastructure of 

10 the House of Representatives a report setting forth the 

11 results of a comprehensive review, conducted by the Comp12 troller General for purposes of the report, on the informa13 tion technology program of the Coast Guard, including the 

14 findings, and any recommendations for improvement of 

15 the program, of the Comptroller General. 

16 (b) REQUIRED ELEMENTS OF REVIEW.—The review 

17 required under subsection (a) shall include— 

18 (1) analysis of how the Coast Guard manages 

19 its information technology program, including infor20 mation technology acquisitions, to meet its various 

21 mission needs and reporting requirements; 

22 (2) analysis of the adequacy of the physical in23 formation technology infrastructure within Coast 

24 Guard Districts, including network infrastructure, for 

25 meeting mission needs and reporting requirements; 


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1 (2) (3) analysis of whether and, if so, how the 

2 Coast Guard— 

3 (A) identifies and satisfies any knowledge 

4 and skill requirements; and 

5 (B) recruits, trains, and develops its infor6 mation technology personnel; and 

7 (3) (4) analysis of whether and, if so, how the 

8 Coast Guard separates information technology from 

9 operational technology for cybersecurity purposes. 

10 SEC. 276. COMPTROLLER GENERAL OF THE UNITED 

11 STATES STUDY AND REPORT ON ACCESS TO 

12 HEALTH CARE BY MEMBERS OF THE COAST 

13 GUARD AND DEPENDENTS. 

14 (a) STUDY.— 

15 (1) IN GENERAL.—The Comptroller General of 

16 the United States shall conduct a study that exam17 ines access to, experience with, and needs under the 

18 TRICARE program of members of the Coast Guard 

19 and their dependents. 

20 (2) ELEMENTS.—The study conducted under 

21 paragraph (1) shall analyze the following: 

22 (A) The record of the TRICARE program 

23 in meeting the standards for care for primary 

24 and specialty care for members of the Coast 


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1 Guard and dependents of those members, in2 cluding members stationed in remote units. 

3 (B) The accuracy and update periodicity of 

4 lists of providers under the TRICARE program 

5 in areas serving Coast Guard families. 

6 (C) The wait times under the TRICARE 

7 program for appointments, specialty care, and 

8 referrals for members of the Coast Guard and 

9 dependents of those members. 

10 (D) The availability of providers under the 

11 TRICARE program in remote locations, includ12 ing providers for mental health, juvenile spe13 cialty care, dental, and female health. 

14 (E) The access of members of the Coast 

15 Guard and dependents of those members to 

16 services under the TRICARE program in com17 parison to the access to such services by per18 sonnel of the Department of Defense and de19 pendents of such personnel. 

20 (F) The liaison assistance between mem21 bers of the Coast Guard and dependents of 

22 those members and the TRICARE program 

23 provided by the Coast Guard in comparison to 

24 such assistance provided by the Department of 

25 Defense. 


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1 (G) How delayed access to care, timeliness 

2 of care, and distance traveled to care may im3 pact personnel readiness of members of the 

4 Coast Guard. 

5 (H) The regions particularly impacted by 

6 lack of access to care and recommendations to 

7 address those access issues. 

8 (b) REPORT.—Not later than 1 year after the date 

9 of the enactment of this Act, the Comptroller General shall 

10 submit to the Committee on Commerce, Science, and 

11 Transportation of the Senate and the Committee on 

12 Transportation and Infrastructure of the House of Rep13 resentatives a report containing the findings, conclusions, 

14 and recommendations to improve access to quality, timely, 

15 and effective health care for members of the Coast Guard 

16 and dependents of those members from the study required 

17 under subsection (a). 

18 (c) DEFINITIONS.—In this section, the terms ‘‘de19 pendent’’ and ‘‘TRICARE program’’ have the meanings 

20 given those terms in section 1072 of title 10, United 

21 States Code. 


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1 SEC. 277. COMPTROLLER GENERAL OF THE UNITED 

2 STATES STUDY AND REPORT ON MEDICAL 

3 STAFFING STANDARDS AND NEEDS FOR THE 

4 COAST GUARD. 

5 (a) STUDY.— 

6 (1) IN GENERAL.—The Comptroller General of 

7 the United States shall conduct a study that exam8 ines the health care system of the Coast Guard. 

9 (2) ELEMENTS.—The study conducted under 

10 paragraph (1) shall analyze the following: 

11 (A) The billets in clinics of the Coast 

12 Guard, whether for personnel of the Coast 

13 Guard or otherwise, including the number of 

14 billets, vacancies, and length of vacancies. 

15 (B) The wait times for patients to attain 

16 an appointment for urgent care, routine physi17 cian care, and dental care. 

18 (C) The impact of billet vacancies on such 

19 wait times. 

20 (D) The ability of the Coast Guard to use 

21 other medical personnel of the Department of 

22 Defense, including physicians and physician as23 sistants, to fill provider vacancies for the Coast 

24 Guard. 

25 (E) The barriers, if any, to improving co26 ordination and access to physicians within the 


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1 health care system of the Department of De2 fense. 

3 (F) The accessibility and availability of be4 havioral health medical personnel at clinics of 

5 the Coast Guard, including personnel available 

6 for family counseling, therapy, and other needs. 

7 (G) The staffing models of clinics of the 

8 Coast Guard, including recommendations to 

9 modernize those models. 

10 (H) The locations and needs of Coast 

11 Guard units with or without clinics. 

12 (I) How access to care models for members 

13 of the Coast Guard are managed, including 

14 models with respect to the time and distance 

15 traveled to receive care, the cost of that travel, 

16 and alternate options to secure care quickly and 

17 efficiently for members serving in units without 

18 a clinic. 

19 (b) REPORT.— 

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

21 the date of the enactment of this Act, the Comp22 troller General shall submit to the Committee on 

23 Commerce, Science, and Transportation of the Sen24 ate and the Committee on Transportation and Infra25 structure of the House of Representatives a report 


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1 containing the findings, conclusions, and rec2 ommendations from the study required under sub3 section (a). 

4 (2) ELEMENTS.—The report submitted under 

5 paragraph (1) shall include the following: 

6 (A) Recommendations for medical staffing 

7 standards for the Coast Guard, including rec8 ommendations for health service technicians, 

9 flight surgeons, physician assistants, dentists, 

10 dental hygienists, family advocate services, 

11 pharmacists, and administrators. 

12 (B) An identification of the number of 

13 members of the Coast Guard and types of units 

14 of the Coast Guard serviced by the health care 

15 system of the Coast Guard. 

16 (C) An assessment of the ability of the 

17 Coast Guard to conduct medical support at out18 lying units, including remote units. 

19 (D) An assessment of the capacity of the 

20 Coast Guard to support surge operations using 

21 historical data from the 10-year period pre22 ceding the date of the report. 

23 (E) An assessment of the impact to oper24 ations of the Coast Guard by extended wait 


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1 times or travel times to receive care or other 

2 issues identified by the report. 

3 SEC. 278. COMPTROLLER GENERAL OF THE UNITED 

4 STATES STUDY AND REPORT ON VERTICAL 

5 EVACUATION FOR TSUNAMIS AT COAST 

6 GUARD STATION GRAYS HARBOR, WASH7 INGTON. 

8 (a) STUDY.— 

9 (1) IN GENERAL.—The Comptroller General of 

10 the United States shall conduct a study that exam11 ines the potential use, in the event of a Cascadia 

12 subduction zone event, of a vertical evacuation of 

13 Coast Guard personnel stationed at United States 

14 Coast Guard Station Grays Harbor, Washington, 

15 and the dependents of such Coast Guard personnel 

16 housed in Coast Guard housing. 

17 (2) ELEMENTS.—The study required under 

18 paragraph (1) shall analyze the following: 

19 (A) The number of such personnel and de20 pendents to be evacuated. 

21 (B) The resources available to conduct an 

22 evacuation, and the feasibility of a successful 

23 evacuation in a case in which inundation maps 

24 and timelines are available. 


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1 (C) With the resources available, the 

2 amount of time needed to evacuate such per3 sonnel and dependents. 

4 (D) Any resource that is otherwise avail5 able within a reasonable walking distance to 

6 Station Grays Harbor and Coast Guard housing 

7 for Station Grays Harbor. 

8 (E) The benefit to the surrounding com9 munity of such a vertical evacuation. 

10 (F) The interoperability of the tsunami 

11 warning system with the Coast Guard commu12 nication systems at Station Grays Harbor and 

13 Coast Guard housing for Station Grays Harbor. 

14 (G) Current interagency coordination and 

15 communication policies in place for emergency 

16 responders to address a Cascadia subduction 

17 zone event. 

18 (b) REPORT.—Not later than 1 year after the date 

19 of the enactment of this Act, the Comptroller General shall 

20 submit to the Committee on Commerce, Science, and 

21 Transportation of the Senate and the Committee on 

22 Transportation and Infrastructure of the House of Rep23 resentatives a report containing the findings, conclusions, 

24 and recommendations, if any, from the study required 

25 under subsection (a). 


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1 Subtitle E—Other Matters 

2 SEC. 291. TECHNICAL CORRECTIONS. 

3 (a) MARITIME TRANSPORTATION SYSTEM.—Section 

4 312(b)(4) of title 14, United States Code, is amended by 

5 striking ‘‘marine transportation system’’ and inserting 

6 ‘‘maritime transportation system’’. 

7 (b) COMMON APPROPRIATIONS STRUCTURE.— 

8 (1) PROSPECTIVE PAYMENT OF FUNDS NEC9 ESSARY TO PROVIDE MEDICAL CARE.—Section 506 

10 of title 14, United States Code, is amended— 

11 (A) in subsection (a)(1), by inserting ‘‘as 

12 established under chapter 56 of title 10’’ after 

13 ‘‘Medicare-Eligible Retiree Health Care Fund’’; 

14 and 

15 (B) in subsection (b)(1), by striking ‘‘oper16 ating expenses’’ and inserting ‘‘operations and 

17 support’’. 

18 (2) USE OF CERTAIN APPROPRIATED FUNDS.— 

19 Section 903 of title 14, United States Code, is 

20 amended— 

21 (A) in subsection (a), by striking ‘‘acquisi22 tion, construction, and improvement of facili23 ties, for research, development, test, and eval24 uation; and for the alteration of bridges over 

25 the navigable waters’’ and inserting ‘‘procureVerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\S2297.RS S2297

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1 ment, construction, and improvement of facili2 ties and for research and development’’; and 

3 (B) in subsection (d)(1), amended by sec4 tion 241(b)(1), by striking ‘‘operating ex5 penses’’ and inserting ‘‘operations and sup6 port’’. 

7 (3) DISPOSITION OF INFRASTRUCTURE RE8 LATED TO E-LORAN.—Section 914(c)(2)(A) of title 

9 14, United States Code, is amended by striking 

10 ‘‘Environmental Compliance and Restoration’’ and 

11 inserting ‘‘Operations and Support’’. 

12 (4) CONFIDENTIAL INVESTIGATIVE EX13 PENSES.—Section 944 of title 14, United States 

14 Code, is amended— 

15 (A) by striking ‘‘necessary expenses for the 

16 operation’’ and inserting ‘‘the operations and 

17 support’’; and 

18 (B) by striking ‘‘his’’ each place it appears 

19 and inserting ‘‘the Commandant’s’’. 

20 (5) PROCUREMENT OF PERSONNEL.—Section 

21 2701 of title 14, United States Code, is amended— 

22 (A) by striking ‘‘operating expenses’’ and 

23 inserting ‘‘operations and support’’; 

24 (B) by striking ‘‘but not limited to’’; and 

25 (C) by striking ‘‘in order’’. 


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1 (6) REQUIREMENT FOR PRIOR AUTHORIZATION

2 OF APPROPRIATIONS.—Section 4901 of title 14, 

3 United States Code, is amended— 

4 (A) in paragraph (1), by striking ‘‘mainte5 nance’’ and inserting ‘‘support’’; 

6 (B) in paragraph (2), by striking ‘‘acquisi7 tion’’ and inserting ‘‘procurement’’; 

8 (C) by striking paragraphs (3), (4), and 

9 (6); 

10 (D) by redesignating paragraph (5) as 

11 paragraph (3); and 

12 (E) in paragraph (3), as redesignated by 

13 subparagraph (D), by striking ‘‘research, devel14 opment, test, and evaluation’’ and inserting 

15 ‘‘research and development.’’. 

16 (c) MISSION NEED STATEMENT.— 

17 (1) IN GENERAL.—Section 1110 of title 14, 

18 United States Code— 

19 (A) is transferred to appear after section 

20 5108 of such title; and 

21 (B) is redesignated as section 5109. 

22 (2) ANALYSES.— 

23 (A) ANALYSIS FOR CHAPTER 11.—The 

24 analysis for chapter 11 of title 14, United 


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1 States Code, is amended by striking the item 

2 relating to section 1110. 

3 (B) ANALYSIS FOR CHAPTER 51.—The 

4 analysis for chapter 51 of title 14, United 

5 States Code, is amended by adding at the end 

6 the following: 

‘‘5109. Mission need statement.’’. 

7 (3) REPEAL OF SUPERSEDED REQUIREMENT.— 

8 Section 401 of the Coast Guard Authorization Act 

9 of 2010 (Public Law 111–281) is amended by strik10 ing subsection (e). 

11 TITLE III—MARITIME 

12 SEC. 301. ELECTRONIC CHARTS; EQUIVALENCY. 

13 Section 3105 of title 46, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(c) EQUIVALENCY BETWEEN PAPER CHARTS AND

16 ELECTRONIC CHARTS.— 

17 ‘‘(1) IN GENERAL.—Until the date that final 

18 regulations are published under subsection (a)— 

19 ‘‘(A) a covered vessel equipped with and 

20 operating electronic navigational charts pro21 duced by a government hydrographic office and 

22 that conform to a standard acceptable to the 

23 Secretary of the department in which the Coast 

24 Guard is operating shall be deemed in compli25 ance with any requirement under title 33 or 


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1 title 46, Code of Federal Regulations, to have 

2 a chart, marine chart, or map on board the cov3 ered vessel; and 

4 ‘‘(B) the Secretary of the department in 

5 which the Coast Guard is operating may allow 

6 a covered vessel that operates solely within the 

7 baseline of the territorial sea of the United 

8 States (as described in Presidential Proclama9 tion No. 5928 of December 27, 1988 (43 

10 U.S.C. 1331 note)) to utilize a software-based, 

11 platform-independent electronic chart system 

12 that is capable of displaying electronic naviga13 tional charts with necessary scale and detail to 

14 ensure safe navigation for the intended voyage. 

15 ‘‘(2) COVERED VESSEL DEFINED.—In this sub16 section, the term ‘covered vessel’ means a vessel de17 scribed in subparagraph (A), (B), (C), or (D) of 

18 subsection (a)(1).’’. 

19 SEC. 302. COMMON APPROPRIATION STRUCTURE. 

20 Sections 3317(b), 7504, 80301(c), and 80505(b)(3) 

21 of title 46, United States Code, are each amended by strik22 ing ‘‘operating expenses’’ and inserting ‘‘operations and 

23 support’’. 


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1 SEC. 303. ALTERNATE SAFETY COMPLIANCE PROGRAM EX2 CEPTION FOR CERTAIN VESSELS. 

3 Section 4503a of title 46, United States Code, is 

4 amended— 

5 (1) by redesignating subsections (d) through (f) 

6 as subsections (e) through (g), respectively; and 

7 (2) by inserting after subsection (c) the fol8 lowing: 

9 ‘‘(d) Subsection (a) shall not apply to a vessel that— 

10 ‘‘(1) is 79 feet or less in length as listed on the 

11 vessel’s certificate of documentation or certificate of 

12 number; and 

13 ‘‘(2) is examined at dockside by the Secretary 

14 every 2 years upon the request of the owner and in 

15 accordance with section 4502(f)(2) of this title.’’. 

16 SEC. 304. LICENSE EXEMPTIONS; REPEAL OF OBSOLETE 

17 PROVISIONS. 

18 (a) SERVICE UNDER LICENSES ISSUED WITHOUT

19 EXAMINATION.—Section 8303 of title 46, United States 

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

21 for chapter 83 of such title, are repealed. 

22 (b) STANDARDS FOR TANK VESSELS OF THE UNITED

23 STATES.—Section 9102 of title 46, United States Code, 

24 is amended— 

25 (1) by striking subsection (b); and 


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1 (2) by striking ‘‘(a) The Secretary’’ and insert2 ing ‘‘The Secretary’’. 

3 (c) CONFORMING AMENDMENT.—Section 

4 14305(a)(10) of title 46, United States Code, is amended 

5 by striking ‘‘sections 8303 and 8304’’ and inserting ‘‘sec6 tion 8304’’. 

7 SEC. 305. SMALL PASSENGER VESSELS AND UNINSPECTED 

8 PASSENGER VESSELS. 

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

10 amended— 

11 (1) in subsection (a)(1), by striking subpara12 graphs (A) and (B) and inserting the following: 

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

14 ‘‘(B) was not built in the United States 

15 and is at least 3 years old; or 

16 ‘‘(C) if rebuilt, was rebuilt— 

17 ‘‘(i) in the United States; or 

18 ‘‘(ii) outside the United States at 

19 least 3 years before the certificate re20 quested under subsection (b) would take 

21 effect.’’; and 

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

23 after ‘‘12113,’’. 


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1 SEC. 306. NATIONAL OFFSHORE SAFETY ADVISORY COM2 MITTEE; REPRESENTATION. 

3 Section 15106(c)(3) of title 46, United States Code, 

4 is amended— 

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

6 and oil operations, including geophysical services’’ 

7 and inserting ‘‘operations’’; 

8 (2) in subparagraph (D), by striking ‘‘explo9 ration and recovery’’; 

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

11 in diving services related to offshore construction, 

12 inspection, and maintenance’’ and inserting ‘‘pro13 viding diving services to the offshore industry’’; 

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

15 in safety and training services related to offshore ex16 ploration and construction’’ and inserting ‘‘providing 

17 safety and training services to the offshore indus18 try’’; 

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

20 in pipelaying services related to offshore construc21 tion’’ and inserting ‘‘providing subsea engineering, 

22 construction, or remotely operated vehicle support to 

23 the offshore industry’’; 

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

25 and energy’’; and 


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1 (7) in subparagraph (J), by striking ‘‘deepwater 

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

3 exploration and production on the Outer Continental 

4 Shelf including adjacent to Alaska’’. 

5 SEC. 307. NATIONAL MARITIME TRANSPORTATION SYSTEM 

6 ADVISORY COMMITTEE. 

7 (a) IN GENERAL.—Chapter 555 of title 46, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 55502. National Maritime Transportation System 

11 Advisory Committee 

12 ‘‘(a) ESTABLISHMENT.—There is established a Na13 tional Maritime Transportation System Advisory Com14 mittee (in this section referred to as the ‘Committee’). 

15 ‘‘(b) FUNCTION.—The Committee shall advise the 

16 Secretary of Transportation on matters relating to the 

17 United States maritime transportation system and its 

18 seamless integration with other segments of the transpor19 tation system, including the viability of the United States 

20 Merchant Marine. 

21 ‘‘(c) MEMBERSHIP.— 

22 ‘‘(1) IN GENERAL.—The Committee shall con23 sist of 25 27 members appointed by the Secretary of 

24 Transportation in accordance with this section and 

25 section 15109 (subject to paragraph (4)). 


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1 ‘‘(2) EXPERTISE.—Each member of the Com2 mittee shall have particular expertise, knowledge, 

3 and experience in matters relating to the function of 

4 the Committee. 

5 ‘‘(3) REPRESENTATION.—Members of the Com6 mittee shall be appointed as follows: 

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

8 Environmental Protection Agency. 

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

10 Department of Commerce. 

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

12 Army Corps of Engineers. 

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

14 Coast Guard. 

15 ‘‘(E) At least 1 member shall represent 

16 U.S. Customs and Border Protection. 

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

18 State and local governmental entities. 

19 ‘‘(G) Additional members shall represent 

20 private sector entities that reflect a cross-sec21 tion of maritime industries, including port and 

22 water stakeholders, academia, and labor rep23 resentatives. 

24 ‘‘(H) The Secretary of Transportation may 

25 appoint additional representatives from other 


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1 Federal agencies as the Secretary considers ap2 propriate. 

3 ‘‘(4) RESTRICTIONS ON MEMBERS REPRESENTING

4 FEDERAL AGENCIES.—Members of the Committee that 

5 represent Federal agencies shall not— 

6 ‘‘(A) comprise more than one-third of the 

7 total membership of the Committee or of any 

8 subcommittee therein; and 

9 ‘‘(B) serve as the chair or co-chair of the 

10 Committee or of any subcommittee therein. 

11 ‘‘(5) COMPENSATION.—Notwithstanding section 

12 15109(c) and paragraph (6), no member of the Com13 mittee may receive compensation for the performance 

14 of any duties of the Committee. 

15 ‘‘(4) (6) ADMINISTRATION.—For purposes of 

16 section 15109, the Committee shall be treated as a 

17 committee established under chapter 151, except 

18 that in applying such section to the Committee any 

19 reference in such section to the ‘Secretary’ shall be 

20 deemed to be a reference to the Secretary of Trans21 portation.’’. 

22 (b) TREATMENT OF EXISTING COMMITTEE.—Not23 withstanding any other provision of law— 

24 (1) an advisory committee that is substantially 

25 similar to the National Maritime Transportation 


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1 System Advisory Committee established by section 

2 55502 of title 46, United States Code, as added by 

3 subsection (a), and that was in force or in effect on 

4 the day before the date of the enactment of such 

5 section, including the charter, membership, and 

6 other aspects of such substantially similar advisory 

7 committee, may remain in force or in effect for the 

8 2-year period beginning on the date of enactment of 

9 such section; and 

10 (2) during such 2-year period— 

11 (A) any requirement relating to the Na12 tional Maritime Transportation System Advi13 sory Committee established by such section 

14 shall be deemed satisfied by the substantially 

15 similar advisory committee; and 

16 (B) the enactment of this section, includ17 ing the amendment made by subsection (a), 

18 shall not be the basis— 

19 (i) to deem, find, or declare such sub20 stantially similar advisory committee, in21 cluding the charter, membership, and other 

22 aspects thereof, void, not in force, or not 

23 in effect; 


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1 (ii) to suspend the activities of such 

2 substantially similar advisory committee; 

3 or 

4 (iii) to bar the members of such sub5 stantially similar advisory committee from 

6 a meeting. 

7 (c) ANALYSIS FOR CHAPTER 555.—The analysis for 

8 chapter 555 of title 46, United States Code, is amended 

9 by adding at the end the following: 

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

10 (d) REPEAL.—Section 55603 of title 46, United 

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

12 analysis for chapter 556 of such title, are repealed. 

13 SEC. 308. SECURITY PLANS; REVIEWS. 

14 Section 70103 of title 46, United States Code, is 

15 amended— 

16 (1) in subsection (b)(3), by inserting ‘‘and up17 dates thereto’’ after ‘‘Area Maritime Transportation 

18 Security Plans’’ each place it appears; and 

19 (2) in subsection (c)(4), by inserting ‘‘or update 

20 thereto’’ after ‘‘plan’’ each place it appears. 

21 SEC. 309. ICE PATROL; PAYMENTS. 

22 Section 80301(c) of title 46, United States Code, as 

23 amended by section 302, is further amended by inserting 

24 ‘‘and shall be available until expended’’ before the period 

25 at the end. 


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1 SEC. 310. GREAT LAKES PILOTAGE ADVISORY COMMITTEE 

2 EXTENSION. 

3 Section 9307(f)(1) of title 46, United States Code, 

4 is amended by striking ‘‘2020’’ and inserting ‘‘2027’’. 

5 SEC. 310. GREAT LAKES PILOTAGE ADVISORY COMMITTEE. 

6 Section 9307 of title 46, United States Code, is amend7 ed— 

8 (1) in subsection (b)— 

9 (A) in paragraph (1), by striking ‘‘seven’’ 

10 and inserting ‘‘8’’; and 

11 (B) in paragraph (2)— 

12 (i) in subparagraph (B), by striking 

13 ‘‘representing the interests of’’ and inserting 

14 ‘‘chosen from among nominations made 

15 by’’; 

16 (ii) in subparagraph (C), by striking 

17 ‘‘representing the interests of Great Lakes 

18 ports’’ and inserting ‘‘chosen from among 

19 nominations made by Great Lakes port au20 thorities and marine terminals’’; 

21 (iii) in subparagraph (D)— 

22 (I) by striking ‘‘representing the 

23 interests of’’ and inserting ‘‘chosen 

24 from among nominations made by’’; 

25 and 


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1 (II) by striking ‘‘; and’’ and in2 serting a semicolon; 

3 (iv) by redesignating subparagraph 

4 (E) as subparagraph (F); 

5 (v) by inserting after subparagraph 

6 (D) the following: 

7 ‘‘(F) one member chosen from among nomi8 nations made by Great Lakes maritime labor or9 ganizations; and’’; and 

10 (vi) in subparagraph (F), as so redes11 ignated, by striking ‘‘with a background in 

12 finance or accounting,’’; and 

13 (2) in subsection (f)(1), by striking ‘‘2020’’ and 

14 inserting ‘‘2030’’. 

15 SEC. 311. REPORT ON LIABILITY LIMITS APPLICABLE TO 

16 THE COAST GUARD. 

17 Not later than 180 days after the date of the enact18 ment of this Act, the Commandant shall submit to the 

19 Committee on Commerce, Science, and Transportation of 

20 the Senate and the Committee on Transportation and In21 frastructure of the House of Representatives a report set22 ting forth the following: 

23 (1) A list of each liability limit to which the 

24 Coast Guard is currently subject, including the statVerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\S2297.RS S2297

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1 utory or administration authority establishing such 

2 limit. 

3 (2) If the Commandant determines that any li4 ability limit listed pursuant to paragraph (1) should 

5 be modified— 

6 (A) a description of the liability limit, as so 

7 modified; 

8 (B) a justification for such modification; 

9 and 

10 (C) a recommendation for legislative or ad11 ministrative action to achieve such modification. 

12 SEC. 312. AUTHORITY TO WAIVE OPERATOR OF SELF-PRO13 PELLED UNINSPECTED PASSENGER VESSEL 

14 REQUIREMENTS. 

15 Section 8905 of title 46, United States Code, is 

16 amended by adding at the end the following: 

17 ‘‘(c) After consultation with the Governor of Alaska 

18 and the State boating law administrator of Alaska, the 

19 Secretary may exempt an individual operating a self-pro20 pelled uninspected passenger vessel from the requirements 

21 of section 8903 of this title, if— 

22 ‘‘(1) the individual only operates such vessel 

23 wholly within waters located in Alaska; and 

24 ‘‘(2) such vessel is— 

25 ‘‘(A) 26 feet or less in length; and 


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1 ‘‘(B) carrying not more than 6 pas2 sengers.’’. 

3 SEC. 313. TOWING VESSEL INSPECTIONS; USER FEES. 

4 (a) IN GENERAL.—Notwithstanding section 9701 of 

5 title 31, United States Code, and section 2110 of title 46, 

6 United States Code, the Commandant of the Coast Guard 

7 may, until the date described in subsection (b), charge an 

8 annual inspection fee to an owner or managing operator 

9 of a towing vessel who selects the Towing Safety Manage10 ment System option under subchapter M of chapter I of 

11 title 46, Code of Federal Regulations (as in effect on the 

12 day before the date of enactment of this Act), for a towing 

13 vessel required to have a Certificate of Inspection under 

14 such subchapter. 

15 (b) DATE DESCRIBED.—The date described in this 

16 subsection is the first day on which the Commandant of 

17 the Coast Guard has— 

18 (1) completed the review of towing safety man19 agement system fees required by section 815 of the 

20 Frank LoBiondo Coast Guard Authorization Act of 

21 2018 (Public Law 115–282); and 

22 (2) promulgated regulations for annual inspec23 tion user fees for towing vessels required to have a 

24 Certificate of Inspection under subchapter M of 

25 chapter I of title 46, Code of Federal Regulations 


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1 (as in effect on the day before the date of enactment 

2 of this Act). 

3 TITLE IV—MISCELLANEOUS 

4 SEC. 401. COMMON APPROPRIATION STRUCTURE. 

5 (a) OIL SPILL LIABILITY TRUST FUND.—Section 

6 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 

7 2712(a)(5)(A)) is amended by striking ‘‘operating ex8 penses incurred by’’ and inserting ‘‘operations and sup9 port of’’. 

10 (b) HISTORIC LIGHT STATION SALES.—Section 

11 305106(b) of title 54, United States Code, is amended— 

12 (1) in paragraph (1)(B)(i), by striking ‘‘Oper13 ating Expenses’’ and inserting ‘‘Operations and Sup14 port’’; and 

15 (2) in subsection (b)(2), by striking ‘‘Operating 

16 Expense’’ and inserting ‘‘Operations and Support’’. 

17 (c) BRIDGE PERMITS.—Section 712(a)(2) of the 

18 Coast Guard and Maritime Transportation Act of 2012 

19 (Public Law 112–213; 33 U.S.C. 491 prec. note) is 

20 amended by striking ‘‘operating expenses’’ and inserting 

21 ‘‘operations and support’’. 

22 (d) CONTRACTS.—Section 557(a) of the Consolidated 

23 and Further Continuing Appropriations Act, 2013 (Public 

24 Law 113–6; 14 U.S.C. 577 note) is amended by striking 

25 ‘‘Acquisition’’ and inserting ‘‘Procurement’’. 


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1 (e) CHILD DEVELOPMENT SERVICES.—Section 

2 214(d)(1) of the Howard Coble Coast Guard and Maritime 

3 Transportation Act of 2014 (Public Law 113–281; 128 

4 Stat. 3034) is amended by striking ‘‘operating expenses’’ 

5 and inserting ‘‘operations and support’’. 

6 (f) PROSPECTIVE PAYMENT OF FUNDS NECESSARY

7 TO PROVIDE MEDICAL CARE.—Section 506(b)(1) of title 

8 14, United States Code, is amended by striking ‘‘operating 

9 expenses’’ and inserting ‘‘operations and support’’. 

10 SEC. 402. IMPROVED EMPLOYMENT ASSISTANCE. 

11 Section 1143(a) of title 10, United States Code, is 

12 amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (2)— 

15 (i) in the matter preceding subpara16 graph (A), by inserting ‘‘and the Secretary 

17 of Homeland Security with respect to the 

18 Coast Guard when it is not operating as a 

19 service in the Navy’’ before ‘‘shall’’; and 

20 (ii) in subparagraph (A), by striking 

21 ‘‘Army, Navy, Air Force, and Marine 

22 Corps’’ and inserting ‘‘armed forces’’; and 

23 (B) in paragraph (3), by inserting ‘‘and 

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1 ating as a service in the Navy’’ before ‘‘shall’’; 

2 and 

3 (2) in subsection (c)(2)(A)(ii), by striking ‘‘in 

4 the case of members of the Army, Navy, Air Force, 

5 and Marine Corps, request the Department of De6 fense’’ and inserting ‘‘make a request to the applica7 ble Secretary under subsection (a)(1)’’. 

8 SEC. 403. UNMANNED MARITIME SYSTEMS. 

9 (a) ASSESSMENT.— 

10 (1) IN GENERAL.—The Commandant shall reg11 ularly assess available unmanned maritime systems 

12 for potential use to support missions of the Coast 

13 Guard. 

14 (2) CONSULTATION.—The Commandant shall 

15 make the assessment required under paragraph (1) 

16 after consultation with the Department of Defense, 

17 other Federal agencies, the academic sector, and de18 velopers and manufacturers of unmanned maritime 

19 systems. 

20 (b) REPORT.— 

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

22 the date of enactment of this Act, and biennially 

23 thereafter, the Commandant shall submit to the 

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1 portation and Infrastructure of the House of Rep2 resentatives a report on the actual and potential ef3 fects of the use of available unmanned maritime sys4 tems on the mission effectiveness of the Coast 

5 Guard. 

6 (2) CONTENTS.—Each report submitted under 

7 paragraph (1) shall include the following: 

8 (A) An inventory of available unmanned 

9 maritime systems used by the Coast Guard, an 

10 overview of such usage, and a discussion of the 

11 mission effectiveness of such systems, including 

12 any benefits realized or risks or negative as13 pects of such usage. 

14 (B) A prioritized list of Coast Guard mis15 sion requirements that could be met with addi16 tional unmanned maritime systems, and the es17 timated costs of acquiring and operating such 

18 systems. This list should take into consideration 

19 interoperability with the current and future 

20 fleet of National Security Cutters, Fast Re21 sponse Cutters, Offshore Patrol Cutters, Polar 

22 Security Cutters, and in-service legacy cutters 

23 such as the 270-foot, 210-foot, and 225-foot 

24 Buoy Tenders. 

25 (c) DEFINITIONS.—In this section: 


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1 (1) UNMANNED MARITIME SYSTEM.— 

2 (A) IN GENERAL.—The term ‘‘unmanned 

3 maritime system’’ means a remotely operated or 

4 autonomous vehicle that— 

5 (i) is produced by the commercial sec6 tor; 

7 (ii) is designed to travel in the air, on 

8 or under the ocean surface, on land, or any 

9 combination thereof; and 

10 (iii) functions without an on-board 

11 human presence. 

12 (B) INCLUSIONS.—The term ‘‘unmanned 

13 maritime system’’ includes— 

14 (i) associated components, such as 

15 control and communications, data trans16 mission, and processing systems; 

17 (ii) an unmanned undersea vehicle; 

18 (iii) an unmanned surface vehicle; 

19 (iv) an unmanned aerial vehicle; 

20 (v) an autonomous underwater vehi21 cle; 

22 (vi) an autonomous surface vehicle; 

23 and 

24 (vii) an autonomous aerial vehicle. 


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1 (2) AVAILABLE UNMANNED MARITIME SYS2 TEMS.—The term ‘‘available unmanned maritime 

3 systems’’ includes unmanned maritime systems that 

4 can be purchased commercially or are available to 

5 the Coast Guard in coordination with the Depart6 ment of Defense or other Federal agency. 

7 SEC. 404. UNMANNED AIRCRAFT SYSTEMS TESTING. 

8 (a) TRAINING AREA.—The Commandant shall carry 

9 out and update, as appropriate, a program for the use of 

10 a training area one or more training areas to facilitate the 

11 use of unmanned aircraft systems and small unmanned 

12 aircraft systems to support missions of the Coast Guard. 

13 (b) DESIGNATION OF AREA.— 

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

15 after the date of enactment of this Act, the Com16 mandant shall, as part of the program under sub17 section (a), designate an area for the training, test18 ing, and development of unmanned aircraft systems 

19 and small unmanned aircraft systems. 

20 (2) CONSIDERATIONS.—In designating a train21 ing area under paragraph (1), the Commandant 

22 shall— 

23 (A) select an area that leverages the capa24 bilities of the common test site for unmanned 


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1 aircraft systems of the Department of Home2 land Security; and 

3 (B) take into consideration all of the fol4 lowing attributes of the training area: 

5 (i) Direct over-water maritime access 

6 from the site. 

7 (ii) The availability of existing Coast 

8 Guard support facilities, including pier and 

9 dock space. 

10 (iii) Proximity to existing and avail11 able offshore Warning Area airspace for 

12 test and training. 

13 (iv) Existing facilities and infrastruc14 ture to support unmanned aircraft system15 augmented, and small unmanned aircraft 

16 system-augmented, training, evaluations, 

17 and exercises. 

18 (v) Existing and appropriate Federal 

19 Aviation Administration flight authoriza20 tions for the area. 

21 (vi) Existing facilities with a proven 

22 track record of supporting unmanned air23 craft systems and small unmanned aircraft 

24 systems flight operations. 

25 (c) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘existing’’ means as of the date of 

2 enactment of this Act; and 

3 (2) the terms ‘‘small unmanned aircraft’’ and 

4 ‘‘unmanned aircraft system’’ have the meanings 

5 given those terms in section 44801 of title 49, 

6 United States Code. 

7 SEC. 405. REPORT OF DETERMINATION; TECHNICAL COR8 RECTION. 

9 Section 105(f)(2) of the Pribilof Islands Transition 

10 Act (Public Law 106–562; 16 U.S.C. 1161 note) is 

11 amended by striking ‘‘subsection (a)’’ and inserting ‘‘para12 graph (1)’’. 

13 SEC. 406. TOWING VESSELS OPERATING OUTSIDE THE 

14 BOUNDARY LINE. 

15 (a) DEFINITIONS.—In this section— 

16 (1) the term ‘‘Boundary Line’’ has the meaning 

17 given the term in section 103 of title 46, United 

18 States Code; 

19 (2) the term ‘‘Officer in Charge, Marine Inspec20 tion’’ has the meaning given the term in section 

21 3305(d)(4) of title 46, United States Code; and 

22 (3) the term ‘‘Secretary’’ means the Secretary 

23 of the Department in which the Coast Guard is op24 erating. 


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1 (b) INTERIM EXEMPTION.—A towing vessel described 

2 in subsection (c) is exempt from any additional require3 ments of subtitle II of title 46, United States Code, and 

4 chapter I of title 33 and chapter I of title 46, Code of 

5 Federal Regulations (as in effect on the date of enactment 

6 of this Act), that would result solely from such vessel oper7 ating outside the Boundary Line, if— 

8 (1) the vessel is operating outside the Boundary 

9 Line solely to perform regular harbor assist oper10 ations; 

11 (2) the voyage of the vessel occurring outside of 

12 the Boundary Line— 

13 (A) is less than 12 hours in total duration; 

14 (B) originates and ends in the inspection 

15 zone of a single Officer in Charge, Marine In16 spection; and 

17 (C) occurs no further than 10 nautical 

18 miles from the Boundary Line; 

19 (3) the vessel is approved for operations outside 

20 the Boundary Line by the Officer in Charge, Marine 

21 Inspection and the Coast Guard Marine Safety Cen22 ter; and 

23 (4) the vessel has sufficient manning and life24 saving equipment for all persons on board, in ac25 cordance with part 15 and section 141.225 of title 


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1 46, Code of Federal Regulations (or any successor 

2 regulation). 

3 (c) APPLICABILITY.—This section applies to a towing 

4 vessel— 

5 (1) that is subject to inspection under chapter 

6 33 of title 46, United States Code, and subchapter 

7 M of chapter I of title 46, Code of Federal Regula8 tions (or any successor regulation); 

9 (2) with only ‘‘Lakes, Bays, and Sounds’’ or 

10 ‘‘Rivers’’ routes recorded on such vessel’s certificate 

11 of inspection under section 136.230 of title 46, Code 

12 of Federal Regulations (or any successor regulation); 

13 and 

14 (3) that is operating as a harbor assist vessel 

15 and regularly engaged in harbor assist operations, 

16 including the docking, undocking, mooring, 

17 unmooring, and escorting of vessels with limited ma18 neuverability. 

19 (d) SAFETY.— 

20 (1) SAFETY RESTRICTIONS.—The Officer in 

21 Charge, Marine Inspection for an inspection zone 

22 may restrict operations under the interim exemption 

23 provided under subsection (b) for safety purposes. 

24 (2) COMPREHENSIVE LISTS.—The Officer in 

25 Charge, Marine Inspection for an inspection zone 


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1 shall maintain a comprehensive list, updated periodi2 cally, of all towing vessels described in subsection (c) 

3 that operate in the inspection zone. 

4 (3) NOTIFICATION.—Not later than 24 hours 

5 prior to intended operations outside of the Boundary 

6 Line, a towing vessel exempted under subsection (b) 

7 shall notify the Office in Charge, Marine Inspection 

8 for the inspection zone of such operations. Such no9 tification shall include— 

10 (A) the date, time, and length of voyage; 

11 (B) a crew list, with each crew member’s 

12 credentials and work hours; and 

13 (C) an attestation from the master of the 

14 towing vessel that the vessel has sufficient man15 ning and lifesaving equipment for all persons on 

16 board. 

17 (e) BRIEFING.—Not later than 180 days after the 

18 date of enactment of this Act, the Commandant of the 

19 Coast Guard shall brief the Committee on Commerce, 

20 Science, and Transportation of the Senate and the Com21 mittee on Transportation and Infrastructure of the House 

22 of Representatives regarding the following: 

23 (1) The impacts of the interim exemption pro24 vided under this section. 


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1 (2) Any safety concerns regarding the expira2 tion of such interim exemption. 

3 (3) Whether such interim exemption should be 

4 extended. 

5 (f) TERMINATION.—The interim exemption provided 

6 under subsection (b) shall terminate on the date that is 

7 2 years after the date of enactment of this Act. 

8 SEC. 407. REPEAL OF CARIBBEAN SUPPORT TENDER AU9 THORIZATION. 

10 Section 343 of the Maritime Transportation Security 

11 Act of 2002 (Public Law 107–295; 116 Stat. 2106) and 

12 the item relating to that section in section 1(b) of that 

13 Act, are repealed. 

14 SEC. 408. FAIRWAYS. 

15 Not later than May 1, 2021, the Commandant shall 

16 conduct a review of navigation on the East Coast of the 

17 United States and submit to the Committee on Commerce, 

18 Science, and Transportation of the Senate and the Com19 mittee on Transportation and Infrastructure of the House 

20 of Representatives a report on the findings of the review, 

21 including any recommendations for new fairways on that 

22 coast to facilitate commerce. 

23 SEC. 409. NONOPERATING INDIVIDUALS. 

24 (a) DEFINITIONS.— 


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1 (1) IN GENERAL.—Section 2101 of title 46, 

2 United States Code, is amended— 

3 (A) by redesignating paragraphs (24) 

4 through (54) as paragraphs (25) through (55), 

5 respectively; and 

6 (B) by inserting after paragraph (23) the 

7 following: 

8 ‘‘(24) ‘nonoperating individual’ means an indi9 vidual on a vessel who— 

10 ‘‘(A) does not perform— 

11 ‘‘(i) watchstanding, automated engine 

12 room duty watch, navigation, or personnel 

13 safety functions; 

14 ‘‘(ii) cargo handling functions, includ15 ing any activity relating to the loading or 

16 unloading of cargo, the operation of cargo17 related equipment (whether or not integral 

18 to the vessel), and the handling of mooring 

19 lines on the dock when the vessel is made 

20 fast or let go; 

21 ‘‘(iii) vessel maintenance, including 

22 any repairs that can be performed by the 

23 vessel’s crew or a riding gang member; or 

24 ‘‘(iv) safety, security, or environ25 mental protection activities directly related 


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1 to the operation of the vessel and normally 

2 conducted by the vessel’s crew; 

3 ‘‘(B) does not serve as part of the crew 

4 complement required under section 8101 of this 

5 title; 

6 ‘‘(C) does not serve as a riding gang mem7 ber; 

8 ‘‘(D) is not a member of the steward’s de9 partment; 

10 ‘‘(E) is not a citizen or temporary or per11 manent resident of a country designated by the 

12 United States as a sponsor of terrorism or any 

13 other country that the Secretary, in consulta14 tion with the Secretary of State and the heads 

15 of other appropriate United States agencies, de16 termines to be a security threat to the United 

17 States; and 

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

19 requirement to have a merchant mariner’s doc20 ument under section 8701(a) of this title.’’. 

21 (2) CONFORMING AMENDMENTS.— 

22 (A) Section 3(3) of the Magnuson-Stevens 

23 Fishery Conservation and Management Act (16 

24 U.S.C. 1802(3)), is amended by striking ‘‘sec25 tion 2101(30)’’ and inserting ‘‘section 2101’’. 


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1 (B) Section 1992(d)(7) of title 18, United 

2 States Code, is amended by striking ‘‘section 

3 2101(31)’’ and inserting ‘‘section 2101(32)’’. 

4 (C) Section 2113(3) of title 46, United 

5 States Code, is amended by striking ‘‘section 

6 2101(51)(A)’’ and inserting ‘‘section 

7 2101(52)(A)’’. 

8 (D) Section 3202(a)(1)(A) of title 46, 

9 United States Code, is amended by striking 

10 ‘‘section 2101(29)(A)’’ and inserting ‘‘section 

11 2101(30)(A)’’. 

12 (E) Section 3507(k)(1) of title 46, United 

13 States Code, is amended by striking ‘‘section 

14 2101(31)’’ and inserting ‘‘section 2101’’. 

15 (F) Section 4105 of title 46, United States 

16 Code, is amended— 

17 (i) in each of subsections (b)(1) and 

18 (c), by striking ‘‘section 2101(51)’’ and in19 serting ‘‘section 2101(52)’’; and 

20 (ii) in subsection (d), by striking ‘‘sec21 tion 2101(51)(A)’’ and inserting ‘‘section 

22 2101(52)(A)’’. 

23 (G) Section 12119(a)(3) of title 46, United 

24 States Code, is amended by striking ‘‘section 

25 2101(26)’’ and inserting ‘‘section 2101’’. 


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1 (H) Section 1131(a)(1)(E) of title 49, 

2 United States Code, is amended by striking 

3 ‘‘section 2101(46) of title 46’’ and inserting 

4 ‘‘section 116 of title 46’’. 

5 (b) CITIZENSHIP AND NAVY RESERVE REQUIRE6 MENTS.—Section 8103(j) of title 46, United States Code, 

7 is amended— 

8 (1) in the subsection heading, by striking 

9 ‘‘RIDING GANG MEMBER’’ and inserting ‘‘RIDING

10 GANG MEMBER OR NONOPERATING INDIVIDUAL’’; 

11 and 

12 (2) by inserting ‘‘or a nonoperating individual’’ 

13 before the period. 

14 (c) NONOPERATING INDIVIDUALS.— 

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

16 United States Code, is amended— 

17 (A) by redesignating section 8107 as sec18 tion 8108; and 

19 (B) by inserting after section 8106 the fol20 lowing: 

21 ‘‘§ 8107. Nonoperating individuals 

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

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

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1 nate tonnage measured under section 14302 as prescribed 

2 by the Secretary under section 14104, shall— 

3 ‘‘(1) ensure that— 

4 ‘‘(A) each nonoperating individual on the 

5 vessel— 

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

7 alien lawfully admitted to the United 

8 States for permanent residence; or 

9 ‘‘(ii) possesses— 

10 ‘‘(I) a United States non11 immigrant visa for individuals desir12 ing to enter the United States tempo13 rarily for business; 

14 ‘‘(II) employment-related and 

15 personal identifying information; and 

16 ‘‘(III) any other documentation 

17 required by the Secretary; 

18 ‘‘(B) all required documentation for such 

19 individual is kept on the vessel and available for 

20 inspection by the Secretary; and 

21 ‘‘(C) each nonoperating individual is iden22 tified on the vessel’s crew list; 

23 ‘‘(2) ensure that— 

24 ‘‘(A) each nonoperating individual pos25 sesses— 


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

2 ‘‘(ii) a transportation security card 

3 issued under section 70105; or 

4 ‘‘(iii) a current security clearance 

5 issued by a Federal agency; or 

6 ‘‘(B) the employer of the nonoperating in7 dividual attests in a certificate to the owner or 

8 managing operator that— 

9 ‘‘(i) the background of such individual 

10 has been examined and found to be free of 

11 any credible information indicating a mate12 rial risk to the security of the vessel, the 

13 cargo of the vessel, the ports the vessel vis14 its, or other individuals onboard the vessel; 

15 ‘‘(ii) the examination under clause 

16 (i)— 

17 ‘‘(I) with regard to an individual 

18 described in paragraph (1)(A)(i), met 

19 the requirements of section 

20 70105(d)(2); or 

21 ‘‘(II) with regard to an individual 

22 described in paragraph (1)(A)(ii), con23 sisted of a check of relevant inter24 national databases and such other in25 formation that the Secretary considers 


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1 relevant and reasonably available to 

2 the owner or managing operator in 

3 the individual’s country of citizenship 

4 and any other country in which the 

5 individual works, receives employment 

6 referrals, or resides; and 

7 ‘‘(iii) the information derived from the 

8 examination under clause (i) is made avail9 able to the Secretary upon request; 

10 ‘‘(3) ensure that each nonoperating individual 

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

12 the same random chemical testing and reporting re13 gimes as crew members; 

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

15 on the vessel receives basic safety familiarization and 

16 basic safety training approved by the Coast Guard 

17 as satisfying the requirements for such training 

18 under the International Convention on Standards of 

19 Training, Certification and Watchkeeping for Sea20 farers, done at London July 7, 1978; 

21 ‘‘(5) prevent from boarding the vessel, or cause 

22 the removal from the vessel at the first available 

23 port, and disqualify from future service on board 

24 any other vessel owned or operated by that owner or 

25 operator, any nonoperating individual— 


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1 ‘‘(A) who has been convicted in any juris2 diction of an offense described in paragraph (2) 

3 or (3) of section 7703; 

4 ‘‘(B) whose license, certificate of registry, 

5 or merchant mariner’s document has been sus6 pended or revoked under section 7704; or 

7 ‘‘(C) who otherwise constitutes a threat to 

8 the safety of the vessel; 

9 ‘‘(6) ensure and certify to the Secretary that 

10 the vessel is in compliance with section 3304 and 

11 chapter 35, to the extent such section or chapter 

12 otherwise applies to the vessel; and 

13 ‘‘(7) ensure that each nonoperating individual 

14 on board the vessel is employed under conditions 

15 that meet or exceed the minimum international 

16 standards of all applicable international labor con17 ventions to which the United States is a party, in18 cluding all of the merchant seamen protection and 

19 relief provided under United States law. 

20 ‘‘(b) WORK RESTRICTIONS.—A nonoperating indi21 vidual on board a vessel to which subsection (a) applies 

22 may not perform on board the vessel— 

23 ‘‘(1) watchstanding, automated engine room 

24 duty watch, navigational, or personnel safety func25 tions; 


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1 ‘‘(2) cargo handling functions, including any ac2 tivity relating to the loading or unloading of cargo, 

3 the operation of cargo-related equipment (whether or 

4 not integral to the vessel), and the handling of moor5 ing lines on the dock when the vessel is made fast 

6 or let go; 

7 ‘‘(3) vessel maintenance, including any repairs 

8 that can be performed by the vessel’s crew or a 

9 riding gang member; or 

10 ‘‘(4) safety, security, or environmental protec11 tion activities directly related to the operation of the 

12 vessel and normally conducted by the vessel’s crew. 

13 ‘‘(c) RECORDKEEPING.—In addition to the require14 ments of subsection (a), the owner or managing operator 

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

16 all information necessary to ensure compliance with this 

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

18 the vessel’s official logbook required by chapter 113. 

19 ‘‘(d) CIVIL PENALTY.—A person violating this sec20 tion is liable to the United States Government for a civil 

21 penalty of $1,250.’’. 

22 (2) ANALYSIS FOR CHAPTER 81.—The analysis 

23 for chapter 81 of title 46, United States Code, is 

24 amended by striking the item relating to section 

25 8107 and inserting the following: 


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‘‘8107. Nonoperating individuals. 

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

1 (3) CONFORMING AMENDMENTS.—Title 46, 

2 United States Code, is amended— 

3 (A) in section 8701, by adding at the end 

4 the following: 

5 ‘‘(e) This section shall not apply to an individual en6 gaged, employed, or serving on board a vessel who is a 

7 nonoperating individual, as defined in section 8107 of this 

8 title.’’; and 

9 (B) in section 51705(4), by striking ‘‘46 

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

11 8108 note’’. 

12 SEC. 409. SENSE OF CONGRESS REGARDING THE MARITIME 

13 INDUSTRY OF THE UNITED STATES. 

14 It is the sense of Congress that the maritime industry 

15 of the United States contributes to the Nation’s economic 

16 prosperity and national security. 

17 SEC. 410. ABANDONED SEAFARERS FUND AMENDMENTS. 

18 Section 11113 of title 46, United States Code, is 

19 amended— 

20 (1) in the matter preceding subparagraph (A) 

21 of subsection (a)(2), by striking ‘‘may be appro22 priated’’ and inserting ‘‘shall be available without 

23 further appropriations and shall remain available 

24 until expended’’; and 


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1 (2) in subsection (c)— 

2 (A) in the matter preceding subparagraph 

3 (A) of paragraph (1), by inserting ‘‘plus a sur4 charge of 25 percent of such total amount,’’ 

5 after ‘‘seafarer,’’; and 

6 (B) by striking paragraph (4). 

7 SEC. 411. CONFORMING AMENDMENTS: TRAINING; PUBLIC 

8 SAFETY PERSONNEL. 

9 Chapter 701 of title 46, United States Code, is 

10 amended— 

11 (1) in section 70107— 

12 (A) in subsection (a), by striking ‘‘law en13 forcement agency personnel’’ and inserting 

14 ‘‘public safety personnel’’; 

15 (B) in the matter preceding subparagraph 

16 (A) of subsection (b)(8), by striking ‘‘law en17 forcement personnel—’’ and inserting ‘‘public 

18 safety personnel—’’; and 

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

20 ‘‘law enforcement personnel’’ and inserting 

21 ‘‘public safety personnel’’; and 

22 (2) in section 70132— 

23 (A) in the matter preceding paragraph (1) 

24 of subsection (a), by striking ‘‘law enforcement 


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1 personnel—’’ and inserting ‘‘public safety per2 sonnel—’’; 

3 (B) in subsection (b), by striking ‘‘law en4 forcement personnel’’ each instance such term 

5 appears and inserting ‘‘public safety per6 sonnel’’; and 

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

8 ‘‘(d) PUBLIC SAFETY PERSONNEL DEFINED.—For 

9 the purposes of this section, the term ‘public safety per10 sonnel’ includes any Federal, State (or political subdivi11 sion thereof), territorial, or Tribal law enforcement officer, 

12 firefighter, or emergency response provider.’’. 

13 SEC. 412. ACCIDENT AND INCIDENT NOTIFICATION. 

14 Subsection (c) of section 9 of the Pipeline Safety, 

15 Regulatory Certainty, and Job Creation Act of 2011 (Pub16 lic Law 112–90; 125 Stat. 1912; 49 U.S.C. 60117 note) 

17 is repealed and shall be deemed not to have been enacted. 

18 SEC. 413. SUBROGATED CLAIMS. 

19 (a) IN GENERAL.—Section 1012(b) of the Oil Pollu20 tion Act of 1990 (33 U.S.C. 2712(b)) is amended— 

21 (1) by striking ‘‘FUND.—The’’ and inserting 

22 the following: ‘‘FUND.— 

23 ‘‘(1) IN GENERAL.—The’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(2) SUBROGATION.—Except for a guarantor 

2 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 

6 rights of that responsible party or third party to 

7 such compensation.’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect 180 days following the date 

10 of enactment of this Act. 

11 SEC. 414. USE OF ENGINE CUT-OFF SWITCH LINKS. 

12 (a) IN GENERAL.—Chapter 43 of title 46, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘§ 4313. Use of engine cut-off switch links 

16 ‘‘(a) USE OF ENGINE CUT-OFF SWITCH LINKS.—A 

17 person shall not operate a covered recreational vessel un18 less— 

19 ‘‘(1) the person is wearing an engine cut-off 

20 switch link while operating above no-wake speed; 

21 and 

22 ‘‘(2) the engine cut-off switch is equipped under 

23 the requirements of section 4312. 


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1 ‘‘(b) PENALTY.—A person that violates subsection 

2 (a) shall be subject to a civil penalty under section 4311 

3 of this title not to exceed— 

4 ‘‘(1) $100 for the first offense; 

5 ‘‘(2) $250 for the second offense; and 

6 ‘‘(3) $500 for any subsequent offense. 

7 ‘‘(c) DEFINITIONS.—In this section— 

8 ‘‘(1) the term ‘covered recreation vessel’ means 

9 a recreational vessel less than 26 feet overall in 

10 length, except such term shall not include any ves11 sel— 

12 ‘‘(A) whose main helm is installed within 

13 an enclosed cabin that would protect an oper14 ator from being thrown overboard should the 

15 operator be displaced from the helm; 

16 ‘‘(B) with propulsion machinery developing 

17 static thrust of less than 115 pounds or 3 

18 horsepower; or 

19 ‘‘(C) without an engine cut-off switch in20 stalled under the requirements of section 4312; 

21 ‘‘(2) the term ‘engine cut-off switch’ means a 

22 mechanical or electronic device that is connected to 

23 propulsion machinery that will stop propulsion if— 

24 ‘‘(A) the switch is not properly connected; 

25 or 


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1 ‘‘(B) the switch components are submerged 

2 in water or separated from the switch by a pre3 determined distance; and 

4 ‘‘(3) the term ‘engine cut-off switch link’ means 

5 the equipment attached to the recreational vessel op6 erator that activates the engine cut-off switch.’’. 

7 (b) ANALYSIS FOR CHAPTER 43.—The analysis for 

8 chapter 43 of title 46, United States Code, is amended 

9 by adding at the end the following: 

‘‘4313. Use of engine cut-off switch links.’’. 

10 SEC. 415. EQUIVALENCY AUTHORITY. 

11 (a) IN GENERAL.—Section 4305 of title 46, United 

12 States Code, is amended— 

13 (1) in the section heading, by adding ‘‘and 

14 Equivalents’’ after ‘‘Exemptions’’; 

15 (2) by striking ‘‘If the Secretary’’ and inserting 

16 the following: 

17 ‘‘(a) EXEMPTIONS.—If the Secretary’’; and 

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

19 ‘‘(b) EQUIVALENTS.—If the Secretary considers that 

20 recreational vessel safety will not be adversely affected, the 

21 Secretary may accept a substitution for associated equip22 ment performance or other safety standards for a rec23 reational vessel as required by this chapter, if the substi24 tution provides an equivalent level of safety.’’. 


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1 (b) ANALYSIS FOR CHAPTER 43.—The analysis for 

2 chapter 43 of title 46, United States Code, is amended 

3 by striking the item relating to section 4305 and inserting 

4 the following: 

‘‘4305. Exemptions and equivalents.’’. 

5 SEC. 416. ARCTIC PARS NATIVE ENGAGEMENT. 

6 The Commandant shall— 

7 (1) engage directly with local coastal whaling 

8 and fishing communities in the Arctic region when 

9 conducting the Alaskan Arctic Coast Port Access 

10 Route Study, in accordance with chapter 700 of title 

11 46, United States Code, and as described in the no12 tice of study published in the Federal Register on 

13 December 21, 2018 (83 Fed. Reg. 65701); and 

14 (2) shall consider the concerns of the Arctic 

15 coastal community regarding any Alaskan Arctic 

16 Coast Port Access Route, including safety needs and 

17 concerns. 

18 SEC. 417. AUTHORIZATION OF USE OF AUTOMATIC IDENTI19 FICATION SYSTEMS DEVICES TO MARK FISH20 ING EQUIPMENT. 

21 (a) DEFINITIONS.—In this section— 

22 (1) the term ‘‘Automatic Identification System’’ 

23 has the meaning given the term in section 164.46(a) 

24 of title 33, Code of Federal Regulations, or any suc25 cessor regulation; 


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1 (2) the term ‘‘Automatic Identification System 

2 device’’ means a covered device that operates in 

3 radio frequencies assigned to the Automatic Identi4 fication System; 

5 (3) the term ‘‘Commission’’ means the Federal 

6 Communications Commission; and 

7 (4) the term ‘‘covered device’’ means a device 

8 used to mark fishing equipment. 

9 (b) RULEMAKING REQUIRED.—Not later than 180 

10 days after the date of enactment of this Act, the Commis11 sion, in consultation with the Commandant, shall initiate 

12 a rulemaking proceeding to consider whether to authorize 

13 covered devices to operate in radio frequencies assigned 

14 to the Automatic Identification System. 

15 (c) CONSIDERATIONS.—In conducting the rulemaking 

16 under subsection (b), the Commission shall consider 

17 whether imposing requirements with respect to the man18 ner in which Automatic Identification System devices are 

19 deployed and used would enable the authorization of cov20 ered devices to operate in radio frequencies assigned to 

21 the Automatic Identification System consistent with the 

22 core purpose of the Automatic Identification System to 

23 prevent maritime accidents. 


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1 SEC. 418. DIRECT HIRE AUTHORITY FOR CERTAIN COM2 PETITIVE SERVICE POSITIONS IN THE DE3 PARTMENT OF HOMELAND SECURITY. 

4 (a) PARALLEL DIRECT HIRE AUTHORITY FOR THE

5 DEPARTMENT OF HOMELAND SECURITY.—Chapter 99 of 

6 title 5, United States Code, is amended by adding at the 

7 end the following: 

8 ‘‘§ 9905a. Direct hire authority for certain personnel 

9 of the Department of Homeland Security 

10 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se11 curity may appoint, without regard to the provisions of 

12 subchapter I of chapter 33 (other than sections 3303 and 

13 3328 of such chapter), qualified candidates to any of the 

14 following positions in the competitive service in the De15 partment of Homeland Security in support of the Coast 

16 Guard: 

17 ‘‘(1) Any position involved with Department 

18 maintenance activities, including depot-level mainte19 nance and repair. 

20 ‘‘(2) Any position involved with cybersecurity. 

21 ‘‘(3) Any individual in the acquisition workforce 

22 that manages any services contracts necessary to the 

23 operation and maintenance of programs of the De24 partment. 


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1 ‘‘(4) Any science, technology, or engineering po2 sition in order to allow development of new systems 

3 and provide for the maintenance of legacy systems. 

4 ‘‘(b) SUNSET.—Effective on September 30, 2025, the 

5 authority provided under subsection (a) shall expire.’’. 

6 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

7 (1) CHAPTER HEADING.—The heading of chap8 ter 99 of such title is amended to read as follows: 

9 ‘‘CHAPTER 99—PERSONNEL AUTHORITIES 

10 FOR DEPARTMENT OF DEFENSE AND 

11 DEPARTMENT OF HOMELAND SECU12 RITY’’. 

13 (2) ANALYSIS FOR CHAPTER 99.—The analysis 

14 for chapter 99 of such title is amended by adding at 

15 the end the following new item: 

‘‘9905a. Direct hire authority for certain personnel of the Department of Homeland Security.’’. 

16 (3) TABLES OF CHAPTERS.—The tables of 

17 chapters at the beginning of title 5, United States 

18 Code, and at the beginning of part III of such title 

19 are each amended by striking the item relating to 

20 chapter 99 and inserting the following new item: 

‘‘99. Personnel Authorities for Department of Defense and Department of Homeland Security .......................................... 9901’’. 


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1 SEC. 419. NATIONAL POLICY, PERFORMANCE EVALUA2 TIONS, AND RESEARCH REGARDING VESSEL 

3 TRAFFIC SERVICE CENTERS. 

4 (a) IN GENERAL.—Chapter 700 of title 46, United 

5 States Code, is amended— 

6 (1) by redesignating sections 70004 and 70005 

7 as sections 70005 and 70006, respectively; and 

8 (2) by inserting after section 70003 the fol9 lowing: 

10 ‘‘§ 70004. Vessel traffic service system 

11 ‘‘(a) NATIONAL POLICY.— 

12 ‘‘(1) ESTABLISHMENT AND UPDATE OF NA13 TIONAL POLICY.— 

14 ‘‘(A) ESTABLISHMENT OF POLICY.—Not 

15 later than one year after the date of enactment 

16 of this section, the Secretary shall establish a 

17 national policy to be applied to all vessel traffic 

18 service centers and publish such policy in the 

19 Federal Register. 

20 ‘‘(B) UPDATE.—The Secretary shall peri21 odically update the national policy established 

22 under subparagraph (A) and publish such up23 date in the Federal Register. 

24 ‘‘(2) ELEMENTS.—The national policy estab25 lished and updated under paragraph (1) shall in26 clude, at a minimum, the following: 


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1 ‘‘(A) Standardization of titles, roles, and 

2 responsibilities for all personnel assigned, work3 ing, or employed in a vessel traffic service cen4 ter. 

5 ‘‘(B) Standardization of organizational 

6 structure within vessel traffic service centers, to 

7 include supervisory and reporting chain and 

8 processes. 

9 ‘‘(C) Establishment of directives for the 

10 application of authority provided to each vessel 

11 traffic service center, specifically with respect to 

12 directing or controlling vessel movement when 

13 such action is justified in the interest of safety. 

14 ‘‘(D) Establishment of thresholds and 

15 measures for monitoring, informing, recom16 mending, and directing vessel traffic. 

17 ‘‘(E) Establishment of national procedures 

18 and protocols for vessel traffic management. 

19 ‘‘(F) Standardization of training for all 

20 vessel traffic service directors, operators, and 

21 watchstanders. 

22 ‘‘(G) Establishment of certification and 

23 competency evaluation for all vessel traffic serv24 ice directors, operators, and watchstanders. 


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1 ‘‘(H) Establishment of standard operating 

2 language when communicating with vessel traf3 fic users. 

4 ‘‘(I) Establishment of data collection and 

5 archiving processes for vessel incidents and 

6 near-miss events. 

7 ‘‘(3) REGIONAL POLICIES.— 

8 ‘‘(A) DEVELOPMENT.—The captain of the 

9 port covered by a vessel traffic service center 

10 may develop and submit to the Secretary re11 gional policies in addition to the national policy 

12 established and updated under paragraph (1) to 

13 account for variances from that national policy 

14 with respect to local vessel traffic conditions 

15 and volume, geography, water body characteris16 tics, waterway usage, and any additional factors 

17 that the captain considers appropriate. 

18 ‘‘(B) REVIEW AND APPROVAL BY SEC19 RETARY.—Not later than 180 days after receiv20 ing regional policies under subparagraph (A)— 

21 ‘‘(i) the Secretary shall review those 

22 regional policies; and 

23 ‘‘(ii) the captain of the port concerned 

24 shall implement the policies that the Sec25 retary approves. 


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1 ‘‘(C) MAINTENANCE OF POLICIES.—The 

2 Secretary shall maintain a central depository 

3 for all regional policies approved under sub4 paragraph (B). 

5 ‘‘(b) PERFORMANCE EVALUATION.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall develop 

7 and implement a standard method for evaluating the 

8 performance of vessel traffic service centers. 

9 ‘‘(2) ELEMENTS.—The standard method devel10 oped and implemented under paragraph (1) shall in11 clude, at a minimum, analysis and collection of data 

12 with respect to the following within a vessel traffic 

13 service area covered by each vessel traffic service 

14 center: 

15 ‘‘(A) Volume of vessel traffic, categorized 

16 by type of vessel. 

17 ‘‘(B) Total volume of flammable, combus18 tible, or hazardous liquid cargo transported, 

19 categorized by vessel type. 

20 ‘‘(C) Data on near-miss events. 

21 ‘‘(D) Data on marine casualties. 

22 ‘‘(E) Application by vessel traffic operators 

23 of traffic management authority during near24 miss events and marine casualties. 


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1 ‘‘(F) Other additional methods as the Sec2 retary considers appropriate. 

3 ‘‘(3) ANNUAL REPORT.—Not less frequently 

4 than annually, the Secretary shall submit to the 

5 Committee on Commerce, Science, and Transpor6 tation of the Senate and the Committee on Trans7 portation and Infrastructure of the House of Rep8 resentatives a report on the evaluation conducted 

9 under paragraph (1) of the performance of vessel 

10 traffic service centers, including— 

11 ‘‘(A) recommendations to improve safety 

12 and performance; and 

13 ‘‘(B) data regarding marine casualties and 

14 near-miss events that have occurred during the 

15 period covered by the report. 

16 ‘‘(c) RISK ASSESSMENT PROGRAM.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall develop 

18 a continuous risk assessment program to evaluate 

19 and mitigate safety risks for each vessel traffic serv20 ice area to improve safety and reduce the risks of oil 

21 and hazardous material discharge in navigable 

22 waters. 

23 ‘‘(2) METHOD FOR ASSESSMENT.—The Sec24 retary, in coordination with State and Tribal govern25 ments, ports, nongovernmental organizations, and 


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1 private citizens, shall develop a standard method for 

2 conducting risk assessments under paragraph (1) 

3 that includes the collection and management of all 

4 information necessary to identify and analyze poten5 tial hazardous navigational trends within a vessel 

6 traffic service area. 

7 ‘‘(3) INFORMATION TO BE ASSESSED.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall 

9 ensure that a risk assessment conducted under 

10 paragraph (1) includes an assessment of the 

11 following: 

12 ‘‘(i) Volume of vessel traffic, cat13 egorized by type of vessel. 

14 ‘‘(ii) Total volume of flammable, com15 bustible, or hazardous liquid cargo trans16 ported, categorized by vessel type. 

17 ‘‘(iii) Data on near-miss events. 

18 ‘‘(iv) Data on marine casualties. 

19 ‘‘(v) Geographic locations for near20 miss events and marine casualties, includ21 ing latitude and longitude. 

22 ‘‘(vi) Cyclical risk factors such as 

23 weather, seasonal water body currents, 

24 tides, bathymetry, and topography. 


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1 ‘‘(vii) Weather data, in coordination 

2 with the National Oceanic and Atmos3 pheric Administration. 

4 ‘‘(B) INFORMATION STORAGE AND MAN5 AGEMENT POLICIES.—The Secretary shall re6 tain all information collected under subpara7 graph (A) and ensure policies and procedures 

8 are in place to standardize the format in which 

9 that information is retained to facilitate statis10 tical analysis of that information to calculate 

11 within a vessel traffic service area, at a min12 imum, the incident rate, intervention rate, and 

13 accident prevention rate. 

14 ‘‘(C) INTERNATIONAL COORDINATION.— 

15 With respect to vessel traffic service areas that 

16 cross international boundaries, the Secretary 

17 may work with international partners that have 

18 entered into bilateral or cooperative agreements 

19 with vessel traffic service centers to jointly 

20 manage those areas to collect, share, and ana21 lyze, at a minimum, information described in 

22 subparagraph (A) that is in the possession or 

23 control of the international partner. 

24 ‘‘(4) PUBLIC AVAILABILITY.— 


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1 ‘‘(A) ASSESSMENTS AND INFORMATION.— 

2 In accordance with section 552 of title 5, 

3 United States Code, the Secretary shall make 

4 any risk assessments conducted under para5 graph (1) and any information collected under 

6 paragraph (3)(A) available to the public. 

7 ‘‘(B) INFORMATION IN POSSESSION OR

8 CONTROL OF INTERNATIONAL PARTNERS.—The 

9 Secretary shall endeavor to work with inter10 national partners described in paragraph (3)(C) 

11 to enter into agreements to make information 

12 collected, shared, and analyzed under that para13 graph available to the public. 

14 ‘‘(d) VESSEL TRAFFIC SERVICE TRAINING.— 

15 ‘‘(1) TRAINING PROGRAM.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 develop a comprehensive nationwide training 

18 program for all vessel traffic service directors, 

19 operators, and watchstanders. 

20 ‘‘(B) LOCAL VARIANCES.—The Secretary 

21 shall provide for such local variances to the pro22 gram developed under subparagraph (A) as the 

23 Secretary considers appropriate. 

24 ‘‘(C) ELEMENTS.—The comprehensive na25 tionwide training program under subparagraph 


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1 (A) and any variances to that program under 

2 subparagraph (B) shall include, at a minimum, 

3 the following: 

4 ‘‘(i) Realistic vessel traffic scenarios 

5 to the maximum extent practicable that in6 tegrate— 

7 ‘‘(I) the national policy developed 

8 under subsection (a); 

9 ‘‘(II) international and inland 

10 navigation rules of the United States 

11 under the International Navigational 

12 Rules Act of 1977 (33 U.S.C. 1601 et 

13 seq.); 

14 ‘‘(III) the application of vessel 

15 traffic authority; and 

16 ‘‘(IV) communication with vessel 

17 traffic service users. 

18 ‘‘(ii) Proficiency training with respect 

19 to use, interpretation, and integration of 

20 available data on vessel traffic service dis21 play systems such as radar, video video, 

22 and vessel automatic identification system 

23 feeds. 

24 ‘‘(iii) Practical application of the 

25 international and inland navigation rules of 


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1 the United States under the International 

2 Navigational Rules Act of 1977 (33 U.S.C. 

3 1601 et seq.). 

4 ‘‘(iv) Proficiency training with respect 

5 to the operation of radio communications 

6 equipment and any other applicable sys7 tems necessary to execute vessel traffic 

8 service authorities. 

9 ‘‘(v) Incorporation of the Standard 

10 Maritime Marine Communication Phrases 

11 adopted by the International Maritime Or12 ganization by resolution on April 4, 2000, 

13 as amended and consolidated, or any suc14 cessor resolution. 

15 ‘‘(vi) Incorporation to the maximum 

16 extent possible of guidance and rec17 ommendations contained in vessel traffic 

18 services operator training, vessel traffic 

19 services supervisor training, or other rel20 evant training set forth by the Inter21 national Association of Marine Aids to 

22 Navigation and Lighthouse Authorities. 

23 ‘‘(vii) A minimum number of hours of 

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1 sel traffic services position without super2 vision. 

3 ‘‘(viii) Local area geographic and 

4 operational familiarization. 

5 ‘‘(ix) Such additional components as 

6 the Secretary considers appropriate. 

7 ‘‘(2) STANDARD COMPETENCY QUALIFICATION

8 PROCESS.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 develop a standard competency qualification 

11 process to be applied to all personnel assigned, 

12 employed, or working in a vessel traffic service 

13 center. 

14 ‘‘(B) APPLICATION OF PROCESS.—The 

15 competency qualification process developed 

16 under subparagraph (A) shall include measur17 able thresholds for determining proficiency. 

18 ‘‘(3) INTERNATIONAL AND INLAND NAVIGATION

19 RULES TEST.— 

20 ‘‘(A) IN GENERAL.—All personnel as21 signed, employed, or working in a vessel traffic 

22 service center with responsibilities that include 

23 communicating, interacting, or directing vessels 

24 within a vessel traffic service area, as deter25 mined under the national policy developed 


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1 under subsection (a), shall be required to pass 

2 a United States international and inland navi3 gation rules test developed by the Secretary. 

4 ‘‘(B) ELEMENTS OF TEST.—The Secretary 

5 shall determine the content and passing stand6 ard for the rules test developed under subpara7 graph (A). 

8 ‘‘(C) TESTING FREQUENCY.—The Sec9 retary shall establish a frequency, not to exceed 

10 once every 5 years, for personnel described in 

11 subparagraph (A) to be required to pass the 

12 rules test developed under such subparagraph. 

13 ‘‘(e) RESEARCH ON VESSEL TRAFFIC.— 

14 ‘‘(1) VESSEL COMMUNICATION.—The Secretary 

15 shall conduct research, in consultation with subject 

16 matter experts identified by the Secretary, to de17 velop more effective procedures for monitoring vessel 

18 communications on radio frequencies to identify and 

19 address unsafe situations in a vessel traffic service 

20 area. The Secretary shall consider data collected 

21 under subparagraphs (A) and (B) of subsection 

22 (c)(3). 

23 ‘‘(2) PROFESSIONAL MARINER REPRESENTA24 TION.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 conduct research, in consultation with local 

3 stakeholders and subject matter experts identi4 fied by the Secretary, to evaluate and determine 

5 the feasibility and benefits of representation by 

6 professional mariners on the vessel traffic serv7 ice watchfloor at each vessel traffic service cen8 ter. 

9 ‘‘(B) IMPLEMENTATION.—The Secretary 

10 shall implement representation by professional 

11 mariners on the vessel traffic service watchfloor 

12 at those vessel traffic service centers for which 

13 it is determined feasible and beneficial pursuant 

14 to research conducted under subparagraph (A). 

15 ‘‘(f) WORKING GROUP.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall estab17 lish a working group with regional stakeholders, in18 dustry subject matter experts, and representatives of 

19 the Radio Technical Commission for Maritime Serv20 ices (or, if such Commission does not provide rep21 resentatives, representatives of a similar organiza22 tion selected by the Secretary) to carry out the fol23 lowing: 

24 ‘‘(A) To evaluate, and provide rec25 ommendations to the Secretary regarding the 


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1 implementation of, regulations, procedures, and 

2 equipment standards as necessary to improve 

3 and ensure broadcasted vessel automatic identi4 fication system data is accurate regarding the 

5 following, as applicable: 

6 ‘‘(i) Navigation status. 

7 ‘‘(ii) Radio call sign. 

8 ‘‘(iii) Vessel name. 

9 ‘‘(iv) Vessel type. 

10 ‘‘(v) Vessel cargo. 

11 ‘‘(vi) Vessel dimensions. 

12 ‘‘(vii) Vessel tow size. 

13 ‘‘(viii) Vessel tow configuration. 

14 ‘‘(B) To develop recommended industry 

15 methods for reporting inaccuracies regarding 

16 the information listed in clauses (i) through 

17 (viii) of subparagraph (A). 

18 ‘‘(2) INCLUSION OF IDENTIFICATION SYSTEM

19 ON CERTAIN VESSELS.— 

20 ‘‘(A) IN GENERAL.—The working group 

21 established under paragraph (1) shall evaluate 

22 and determine the practicability, economic cost, 

23 regulatory burden, and navigational benefit to 

24 outfitting vessels lacking independent means of 

25 propulsion that carry flammable, combustible, 


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1 or hazardous liquid cargo with vessel automatic 

2 identification systems. 

3 ‘‘(B) REGULATIONS.—Based on the eval4 uation under subparagraph (A), the Secretary 

5 shall prescribe such regulations as the Sec6 retary considers appropriate to establish re7 quirements relating to the outfitting of vessels 

8 described in such subparagraph with vessel 

9 automatic identification systems. 

10 ‘‘(g) PERIODIC REVIEW OF VESSEL TRAFFIC SERV11 ICE NEEDS.— 

12 ‘‘(1) IN GENERAL.—Based on the performance 

13 evaluation conducted under subsection (b), the Sec14 retary shall periodically review vessel traffic service 

15 areas to determine— 

16 ‘‘(A) if there are any additional vessel traf17 fic service needs in those areas; and 

18 ‘‘(B) if a vessel traffic service area should 

19 be moved or modified. 

20 ‘‘(2) STAKEHOLDER INPUT.—In conducting the 

21 periodic review under paragraph (1), the Secretary 

22 shall seek input from port and waterway stake23 holders to identify areas of increased vessel conflicts 

24 or accidents that could benefit from the use of rout25 ing measures or vessel traffic service special areas to 


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1 improve safety, port security, and environmental 

2 protection. 

3 ‘‘(h) DEFINITIONS.—In this section: 

4 ‘‘(1) HAZARDOUS LIQUID CARGO.—The term 

5 ‘hazardous liquid cargo’ has the meaning given that 

6 term in regulations prescribed under section 5103 of 

7 title 49, United States Code. 

8 ‘‘(2) MARINE CASUALTY.—The term ‘marine 

9 casualty’ has the meaning given that term in regula10 tions prescribed under section 6101(a) of title 46, 

11 United States Code. 

12 ‘‘(3) VESSEL TRAFFIC SERVICE AREA.—The 

13 term ‘vessel traffic service area’ means an area spec14 ified in subpart C of part 161 of title 33, Code of 

15 Federal Regulations, or any successor regulation. 

16 ‘‘(4) VESSEL TRAFFIC SERVICE CENTER.—The 

17 term ‘vessel traffic service center’ means a center for 

18 the provision of vessel traffic services in a vessel 

19 traffic service area.’’. 

20 (b) ANALYSIS FOR CHAPTER 700.—The analysis for 

21 chapter 700 of title 46, United States Code, is amended 

22 by striking the items relating to sections 70004 and 70005 

23 and inserting the following: 

‘‘70004. Vessel traffic service system. 

‘‘70005. Considerations by Secretary. 

‘‘70006. International agreements.’’. 


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1 (c) CONFORMING AMENDMENTS.—Chapter 700 of 

2 title 46, United States Code, as amended by this section, 

3 is further amended— 

4 (1) in section 70001(a)— 

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

6 by striking ‘‘70004’’ and inserting ‘‘70005’’; and 

7 (B) in paragraph (1), by striking ‘‘70005’’ 

8 and inserting ‘‘70006’’; and 

9 (2) in the matter preceding paragraph (1) in 

10 section 70003(c), by striking ‘‘70004’’ and inserting 

11 ‘‘70005’’; 

12 (1) (3) in the matter preceding paragraph (1) 

13 of section 70005, as redesignated by subsection 

14 (a)(1), by striking ‘‘and 70003’’ and inserting 

15 ‘‘70003, and 70004’’; and 

16 (2) (4) in section 70032, by inserting ‘‘70005,’’ 

17 after ‘‘70004,’’. 

18 SEC. 420. REPLACEMENT VESSEL. 

19 Notwithstanding section 208(g)(5) of the American 

20 Fisheries Act (16 U.S.C. 1851 note), a vessel described 

21 in section 208(e)(21) of such Act that is replaced under 

22 section 208(g) of such Act shall be subject to a sideboard 

23 restriction catch limit of zero metric tons in the Bering 

24 Sea and Aleutian Islands and in the Gulf of Alaska unless 

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1 tion 679.4(o)(4) of title 50, Code of Federal Regulations 

2 (as in effect on the date of enactment of this Act), in 

3 which case such vessel shall not be eligible to be a catcher/ 

4 processor under section 206(b)(2) of such Act. 

5 SEC. 421. LIMITED INDEMNITY PROVISIONS IN STANDBY 

6 OIL SPILL RESPONSE CONTRACTS. 

7 (a) IN GENERAL.—Subject to subsection (b), a con8 tract for the containment or removal of a discharge en9 tered into by the President (or a delegate) under section 

10 311(c) of the Federal Water Pollution Control Act (33 

11 U.S.C. 1321(c)) shall contain a provision to indemnify a 

12 contractor for liabilities and expenses incidental to the 

13 containment or removal arising out of the performance of 

14 the contract that is substantially identical to the terms 

15 contained in subsections (d) through (h) of section H.4 

16 of the contract offered by the Coast Guard in the solicita17 tion numbered DTCG89–98–A–68F953 and dated No18 vember 17, 1998. 

19 (b) SOURCE OF FUNDS.—The provision required 

20 under subsection (a) shall include a provision that the obli21 gation to indemnify is limited to funds available in the 

22 Oil Spill Liability Trust Fund established by section 

23 9509(a) of the Internal Revenue Code of 1986 at the time 

24 the claim for indemnity is made. 


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1 (c) APPLICABILITY OF EXEMPTIONS.—Except as pro2 vided in the indemnity provisions described in subsection 

3 (a), nothing in a contract described in that subsection may 

4 create liability of the United States to a contractor for 

5 any act or omission for which the contractor is exempt 

6 from liability under section 311(c)(4) of the Federal 

7 Water Pollution Control Act (33 U.S.C. 1321(c)(4)). 

8 SEC. 422. UNITED STATES COMMERCIAL SPACE-BASED 

9 RADIO FREQUENCY MARITIME DOMAIN 

10 AWARENESS TESTING AND EVALUATION PRO11 GRAM. 

12 (a) TESTING AND EVALUATION PROGRAM.—The Sec13 retary of the department in which the Coast Guard is op14 erating shall carry out a testing and evaluation program 

15 of United States commercial space-based radio frequency 

16 geolocation and maritime domain awareness products and 

17 services to support the mission objectives of maritime en18 forcement by the Coast Guard and other components of 

19 the Coast Guard. The objectives of this testing and evalua20 tion program shall include— 

21 (1) developing an understanding of how United 

22 States commercial space-based radio frequency data 

23 products can meet current and future mission re24 quirements; 


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1 (2) establishing how United States commercial 

2 space-based radio frequency data products should in3 tegrate into existing work flows; and 

4 (3) establishing how United States commercial 

5 space-based radio frequency data products could be 

6 integrated into analytics platforms. 

7 (b) REPORT.—Not later than 240 days after the date 

8 of enactment of this Act, such Secretary shall prepare and 

9 submit to the Committee on Commerce, Science, and 

10 Transportation of the Senate and the Committee on 

11 Transportation and Infrastructure of the House of Rep12 resentatives a report on the results of the testing and eval13 uation program under subsection (a), including rec14 ommendations on how the Coast Guard should fully ex15 ploit United States commercial space-based radio fre16 quency data products to meet current and future mission 

17 requirements. 

18 SEC. 423. EXEMPTION OF COMMERCIAL FISHING VESSELS 

19 OPERATING IN THE ALASKAN REGION FROM 

20 THE GLOBAL MARINE DISTRESS AND SAFETY 

21 SERVICE REQUIREMENTS OF THE FEDERAL 

22 COMMUNICATIONS COMMISSION. 

23 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘Alaskan Region’’ has the mean2 ing given the term by the Secretary for purposes of 

3 this section; and 

4 (2) the term ‘‘Secretary’’ means the Secretary 

5 of the Department in which the Coast Guard is op6 erating. 

7 (b) EXEMPTION.—Subject to subsection (c), the Fed8 eral Communications Commission shall exempt fishing 

9 vessels that primarily operate in the Alaskan Region, in10 cluding fishing vessels that transit from States in the Pa11 cific Northwest to conduct fishing operations in the Alas12 kan Region, from the requirements relating to carriage of 

13 VHF–DSC and MF–DSC equipment under subpart W of 

14 part 80 of title 47, Code of Federal Regulations, or any 

15 successor regulation. 

16 (c) FUNCTIONAL REQUIREMENTS.—A fishing vessel 

17 exempted under subsection (b) shall— 

18 (1) be capable of transmitting ship-to-shore dis19 tress alerts using not fewer than 2 separate and 

20 independent systems, each using a different radio 

21 communication service; 

22 (2) be equipped with— 

23 (A) a VHF radiotelephone installation; 

24 (B) an MF or HF radiotelephone installa25 tion; 


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1 (C) a Category 1, 406.0–406.1 MHz 

2 EPIRB meeting the requirements of section 

3 80.1061 of title 47, Code of Federal Regula4 tions, or any successor regulation; 

5 (D) a NAVTEX receiver meeting the re6 quirements of section 80.1101(c)(1) of title 47, 

7 Code of Federal Regulations, or any successor 

8 regulation; 

9 (E) survival craft equipment meeting the 

10 requirements of section 80.1095 of title 47, 

11 Code of Federal Regulations, or any successor 

12 regulation; and 

13 (F) a Search and Rescue Transponder 

14 meeting the requirements of section 

15 80.1101(c)(6) of title 47, Code of Federal Reg16 ulations, or any successor regulation; and 

17 (3) maintain a continuous watch on VHF 

18 Channel 16. 

19 (d) DEFINITION OF ALASKAN REGION.—Not later 

20 than 30 days after the date of enactment of this Act, the 

21 Secretary shall define the term ‘‘Alaskan Region’’ for pur22 poses of this section. 

23 SEC. 424. EDUCATIONAL VESSEL. 

24 (a) IN GENERAL.—Notwithstanding section 

25 12112(a)(2) of title 46, United States Code, the Secretary 


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1 of the department in which the Coast Guard is operating 

2 may issue a certificate of documentation with a coastwise 

3 endorsement for the vessel OLIVER HAZARD PERRY 

4 (IMO number 8775560; United States official number 

5 1257224). 

6 (b) TERMINATION OF EFFECTIVENESS OF ENDORSE7 MENT.—The coastwise endorsement authorized under sub8 section (a) for the vessel OLIVER HAZARD PERRY 

9 (IMO number 8775560; United States official number 

10 1257224) shall expire on the first date on which any of 

11 the following apply: 

12 (1) The vessel is sold to a person, including an 

13 entity, that is not related by ownership or control to 

14 the person, including an entity, that owned the ves15 sel on the date of enactment of this Act. 

16 (2) The vessel is rebuilt and not rebuilt in the 

17 United States (as defined in section 12101(a) of 

18 title 46, United States Code). 

19 (3) The vessel is no longer operating in primary 

20 service as a sailing school vessel or an educational 

21 sailing vessel. 

22 SEC. 425. CONVEYANCE OF COAST GUARD REAL PROPERTY 

23 AT POINT SPENCER, ALASKA. 

24 (a) REMEDIAL ACTIONS.—Section 533 of the Coast 

25 Guard Authorization Act of 2016 (Public Law 114–120; 


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1 130 Stat. 74) is amended by adding at the end the fol2 lowing: 

3 ‘‘(f) REMEDIAL ACTIONS.—For purposes of the 

4 transfer of any Tract under this section— 

5 ‘‘(1) any remedial actions required under sec6 tion 120(h) of the Comprehensive Environmental 

7 Response, Compensation, and Liability Act of 1980 

8 (42 U.S.C. 9620(h)) may be completed by the 

9 United States Coast Guard after the date of that 

10 transfer; and 

11 ‘‘(2) a deed entered into for that transfer shall 

12 contain a clause granting the United States Coast 

13 Guard access to the property in any case in which 

14 remedial action or corrective action is found to be 

15 necessary after the date of that transfer.’’. 

16 (b) EFFECT ON ENVIRONMENTAL COMPLIANCE.— 

17 Section 534(a) of the Coast Guard Authorization Act of 

18 2016 (42 U.S.C. 9620 note; Public Law 114–120) is 

19 amended— 

20 (1) by striking ‘‘Nothing’’ and inserting the fol21 lowing: 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), nothing’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(2) APPLICABILITY AFTER CONVEYANCE.— 

2 Prior to the date on which a Tract is conveyed 

3 under section 533, section 120(h) of the Comprehen4 sive Environmental Response, Compensation, and 

5 Liability Act of 1980 (42 U.S.C. 9620(h)) and any 

6 other applicable environmental law shall not apply 

7 with respect to any hazardous substance released on 

8 the applicable Tract.’’. 

9 SEC. 425. CONVEYANCE OF COAST GUARD REAL PROPERTY 

10 AT POINT SPENCER, ALASKA. 

11 (a) REMEDIAL ACTIONS.—Section 533 of the Coast 

12 Guard Authorization Act of 2016 (Public Law 114–120; 

13 130 Stat. 74) is amended by adding at the end the fol14 lowing: 

15 ‘‘(f) REMEDIAL ACTIONS.—For purposes of the convey16 ances of real property, land, and any improvements there17 on, under this section, the remedial actions required under 

18 section 120(h) of the Comprehensive Environmental Re19 sponse, Compensation, and Liability Act of 1980 (42 U.S.C. 

20 9620(h)) may be completed by the Coast Guard after the 

21 date of such conveyance and a deed entered into for such 

22 conveyance shall include a clause granting the Coast Guard 

23 access to the property in any case in which remedial action 

24 or corrective action is found to be necessary after the date 

25 of such conveyance.’’. 


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1 (b) COMPLIANCE.—Section 534(a) of the Coast Guard 

2 Authorization Act of 2016 (42 U.S.C. 9620 note; Public 

3 Law 114–120) is amended— 

4 (1) by striking ‘‘Nothing’’ and inserting ‘‘After 

5 the date on which the Secretary of the Interior con6 veys land under section 533, nothing’’; and 

7 (2) by inserting ‘‘, with respect to contaminants 

8 on such land placed there prior to the date on which 

9 the land is conveyed’’ before the period. 

10 SEC. 426. COAST GUARD SHORE INFRASTRUCTURE IM11 PROVEMENT. 

12 (a) IN GENERAL.—Not later than December 31, 

13 2020, the Commandant shall— 

14 (1) develop a plan to standardize Coast Guard 

15 facility condition assessments; 

16 (2) establish shore infrastructure performance 

17 goals, measures, and baselines to track the effective18 ness of maintenance and repair investments and pro19 vide feedback on progress made; 

20 (3) develop a process to routinely align the 

21 Coast Guard shore infrastructure portfolio with mis22 sion needs, including disposing of unneeded assets; 

23 (4) establish guidance for planning boards to 

24 document inputs, deliberations, and project 


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1 prioritization decisions for infrastructure mainte2 nance projects; 

3 (5) employ models for Coast Guard infrastruc4 ture asset lines for— 

5 (A) predicting the outcome of investments 

6 in shore infrastructure; 

7 (B) analyzing tradeoffs; and 

8 (C) optimizing decisions among competing 

9 investments; 

10 (6) include in congressional budget requests 

11 and related reports supporting details on competing 

12 project alternatives and report tradeoffs; and 

13 (7) explore the development of real property 

14 management expertise in the Coast Guard work 

15 force, including members of the Senior Executive 

16 Service. 

17 (b) BRIEFING.—Not later than January 31, 2021, 

18 the Commandant shall brief the Committee on Commerce, 

19 Science, and Transportation of the Senate and the Com20 mittee on Transportation and Infrastructure of the House 

21 of Representatives with respect to the status of the actions 

22 required under subsection (a). 

23 SEC. 427. COAST GUARD ARCTIC PRIORITIZATION. 

24 (a) FINDINGS.—Congress makes the following find25 ings: 


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1 (1) The strategic importance of the Arctic con2 tinues to increase as the United States and other 

3 countries recognize the military significance of the 

4 sea lanes and choke points within the region and un5 derstand the potential for power projection from the 

6 Arctic into multiple regions. 

7 (2) Russia and China have conducted military 

8 exercises together in the Arctic, have agreed to con9 nect the Northern Sea Route, claimed by Russia, 

10 with China’s Maritime Silk Road, and are working 

11 together in developing natural gas resources in the 

12 Arctic. 

13 (3) The economic significance of the Arctic con14 tinues to grow as countries around the globe begin 

15 to understand the potential for maritime transpor16 tation through, and economic and trade development 

17 in, the region. 

18 (4) Increases in human, maritime, and resource 

19 development activity in the Arctic region may create 

20 additional mission requirements for the Department 

21 of Defense and the Department of Homeland Secu22 rity. 

23 (5) The increasing role of the United States in 

24 the Arctic has been highlighted in each of the last 

25 four National Defense Authorization Acts. 


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1 (6) The United States Coast Guard Arctic 

2 Strategic Outlook released in April 2019 states, 

3 ‘‘Demonstrating commitment to operational pres4 ence, Canada, Denmark, and Norway have made 

5 strategic investments in ice-capable patrol ships 

6 charged with national or homeland security missions. 

7 [The United States] is the only Arctic State that 

8 has not made similar investments in ice-capable sur9 face maritime security assets. This limits the ability 

10 of the Coast Guard, and the Nation, to credibly up11 hold sovereignty or respond to contingencies in the 

12 Arctic.’’. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that— 

15 (1) the Arctic is a region of strategic impor16 tance to the national security interests of the United 

17 States, and the Coast Guard must better align its 

18 mission prioritization and development of capabilities 

19 to meet the growing array of challenges in the re20 gion; 

21 (2) the increasing freedom of navigation and 

22 expansion of activity in the Arctic must be met with 

23 an increasing show of Coast Guard forces capable of 

24 exerting influence through persistent presence; 


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1 (3) Congress fully supports the needed and im2 portant re-capitalization of the fleet of cutters and 

3 aircraft of the Coast Guard, but, the Coast Guard 

4 must avoid overextending operational assets for re5 mote international missions at the cost of dedicated 

6 focus on this domestic area of responsibility with 

7 significant international interest and activity; and 

8 (4) although some progress has been made to 

9 increase awareness of Arctic issues and to promote 

10 increased presence in the region, additional meas11 ures are needed to protect vital economic, environ12 mental, and national security interests of the United 

13 States, and to show the commitment of the United 

14 States to this emerging strategic choke point of in15 creasing great power competition. 

16 (c) ARCTIC DEFINED.—In this section, the term 

17 ‘‘Arctic’’ has the meaning given that term in section 112 

18 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 

19 4111). 

20 SEC. 428. NATIONAL COMMERCIAL FISHING SAFETY ADVI21 SORY COMMITTEE. 

22 Section 15102 of title 46, United States Code, is 

23 amended— 

24 (1) in subsection (b)— 


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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘shall’’; 

3 (B) in paragraph (1)— 

4 (i) by striking ‘‘advise’’ and inserting 

5 ‘‘shall advise and provide recommendations 

6 in writing to’’; and 

7 (ii) in subparagraph (E), by striking 

8 ‘‘and’’ after the semicolon; 

9 (C) in paragraph (2)— 

10 (i) by inserting ‘‘shall’’ before ‘‘re11 view’’; and 

12 (ii) by striking the period at the end 

13 and inserting a semicolon; and 

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

15 ‘‘(3) shall review marine casualties and inves16 tigations of vessels covered by chapter 45 of this 

17 title and make recommendations to the Secretary to 

18 improve safety and reduce future vessel casualties; 

19 ‘‘(4) shall submit recommendations on matters 

20 described in paragraphs (1), (2), and (3) to the Sec21 retary and the Commandant of the Coast Guard in 

22 writing, and make those recommendations available 

23 on a publicly accessible website; 

24 ‘‘(5) may submit any recommendations on mat25 ters described in paragraphs (1), (2), and (3) at any 


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1 time and frequency as decided appropriate by the 

2 Committee; 

3 ‘‘(6) may make available to Congress any infor4 mation, advice, and recommendations that the Com5 mittee is authorized to give to the Secretary; and 

6 ‘‘(7) shall meet at the call of the Secretary, who 

7 shall call such a meeting at least twice per year in 

8 person, and additional meetings as appropriate.’’; 

9 (2) in subsection (c), by adding at the end the 

10 following: 

11 ‘‘(4) SERVICE.— 

12 ‘‘(A) TERMS.—Each member of the Com13 mittee— 

14 ‘‘(i) shall serve a term of 3 years; and 

15 ‘‘(ii) may serve not more than 3 

16 terms. 

17 ‘‘(B) CONTINUED SERVICE AFTER TERM.— 

18 When the term of a member of the Committee 

19 ends, the member may continue to serve as a 

20 member until a successor is appointed, but not 

21 for longer than 1 year after the end of the 

22 term. 

23 ‘‘(C) VACANCY.—If a vacancy occurs in the 

24 membership of the Committee, the Secretary 


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1 shall appoint a member to fill the remainder of 

2 the vacated term. 

3 ‘‘(5) FAILURE TO APPOINT.—The Secretary 

4 shall appoint Committee members not later than 60 

5 days after the date of the application deadline. 

6 ‘‘(6) REPRESENTATIVE.—The Commandant of 

7 the Coast Guard shall, and the head of any other in8 terested agency may, designate a representative to 

9 participate as an observer with the Committee. Such 

10 representatives shall, as appropriate, report to and 

11 advise the Committee on matters relating to vessels 

12 to which this chapter applies which are under the ju13 risdiction of their respective agencies. The Sec14 retary’s designated representative shall act as execu15 tive secretary for the Committee and perform the 

16 duties set forth in section 10(c) of the Federal Advi17 sory Committee Act (5 App. U.S.C.). 

18 ‘‘(7) COMMITTEE CONSULTATION.—The Com19 mittee shall seek expertise from the fishing industry, 

20 marine safety experts, the shipbuilding industry, and 

21 others as the Committee determines appropriate. 

22 ‘‘(8) ADVISORY COMMITTEES.—The Committee 

23 may establish standing or ad hoc committees as 

24 needed. 


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1 ‘‘(9) OUTREACH AND RECRUITMENT.—At least 

2 once each year, the Secretary shall publish a notice 

3 in the Federal Register and in newspapers of general 

4 circulation in coastal areas soliciting nominations for 

5 membership on the Committee, and, after timely no6 tice is published, appoint the members of the Com7 mittee. An individual may be appointed to a term as 

8 a member of the Committee more than once. The 

9 Secretary may not seek or use information con10 cerning the political affiliation of individuals in mak11 ing appointments to the Committee. 

12 ‘‘(10) TECHNICAL ASSISTANCE.—The Secretary 

13 shall provide technical assistance to the Committee 

14 if requested by a Committee member.’’; and 

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

16 ‘‘(d) MEETINGS.— 

17 ‘‘(1) FREQUENCY.—The Committee shall— 

18 ‘‘(A) meet in person not less often than 

19 twice per year; and 

20 ‘‘(B) hold additional meetings as needed. 

21 ‘‘(2) PUBLIC NOTICE.—The Secretary shall pro22 vide reasonable public notice of any meeting of the 

23 Committee, and publish such notice in the Federal 

24 Register and on a publicly available website. 


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1 ‘‘(3) QUORUM.—A quorum of 10 of the 18 

2 members is required to send any written rec3 ommendations from the meeting to the Secretary. 

4 ‘‘(e) ACTIONS OF THE SECRETARY.—The Secretary 

5 shall— 

6 ‘‘(1) consult with the Committee before taking 

7 any significant action relating to the safe operation 

8 of vessels to which this chapter applies; 

9 ‘‘(2) consider the information, advice, and rec10 ommendations of the Committee in consulting with 

11 other agencies and the public or in formulating pol12 icy regarding the safe operation of vessels to which 

13 this chapter applies; 

14 ‘‘(3) make all recommendations made by the 

15 Committee under subsection (b) public within 30 

16 days of receiving the recommendation from the Com17 mittee; 

18 ‘‘(4) respond in writing to any recommenda19 tions made by the Committee under subsection (b) 

20 and provide reasoning for acceptance or rejection to 

21 all recommendations not later than 30 days after the 

22 date of receipt of the recommendation; and 

23 ‘‘(5) make all responses in paragraph (4) avail24 able to the public not later than 30 days after the 

25 date of response. 


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1 ‘‘(f) SAVINGS CLAUSE.—Nothing in subsection (b) 

2 shall preclude the Secretary from taking emergency action 

3 within the existing authorities of the Secretary to ensure 

4 safety and preservation of life at sea. 

5 ‘‘(g) TRANSPARENCY.—Meeting minutes of the Com6 mittee shall be posted on a publicly available website not 

7 later than 2 weeks after a meeting concludes. 

8 ‘‘(h) APPLICABILITY OF FACA.—Section 14 of the 

9 Federal Advisory Committee Act (5 U.S.C. App.) shall not 

10 apply to the Committee.’’. 

11 SEC. 429. OIL POLLUTION RESEARCH AND DEVELOPMENT 

12 PROGRAM. 

13 Section 7001 of the Oil Pollution Act of 1990 (33 

14 U.S.C. 2761) is amended— 

15 (1) by redesignating subsections (c), (d), (e), 

16 and (f) as subsections (e), (f), (g), and (h), respec17 tively; 

18 (2) by striking subsections (a) and (b) and in19 serting the following: 

20 ‘‘(a) DEFINITIONS.—In this section— 

21 ‘‘(1) the term ‘Chair’ means the Chairperson of 

22 the Interagency Committee designated under sub23 section (c)(2); 

24 ‘‘(2) the term ‘Commandant’ means the Com25 mandant of the Coast Guard; 


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1 ‘‘(3) the term ‘institution of higher education’ 

2 means an institution of higher education, as defined 

3 in section 101(a) of the Higher Education Act of 

4 1965 (20 U.S.C. 1001 (a)); 

5 ‘‘(4) the term ‘Interagency Committee’ means 

6 the Interagency Coordinating Committee on Oil Pol7 lution Research established under subsection (b); 

8 ‘‘(5) the term ‘Under Secretary’ means the 

9 Under Secretary of Commerce for Oceans and At10 mosphere; and 

11 ‘‘(6) the term ‘Vice-Chair’ means the Vice12 Chairperson of the Interagency Committee des13 ignated under subsection (c)(3). 

14 ‘‘(b) ESTABLISHMENT OF INTERAGENCY COORDI15 NATING COMMITTEE ON OIL POLLUTION RESEARCH.— 

16 ‘‘(1) ESTABLISHMENT.—There is established an 

17 Interagency Coordinating Committee on Oil Pollu18 tion Research. 

19 ‘‘(2) PURPOSE.—The Interagency Committee 

20 shall coordinate a comprehensive program of oil pol21 lution research, technology development, and dem22 onstration among the Federal agencies, in coopera23 tion and coordination with industry, 4-year institu24 tions of higher education and research institutions, 

25 State governments, and other nations, as approVerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\S2297.RS S2297

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1 priate, and shall foster cost-effective research mech2 anisms, including the joint funding of research. 

3 ‘‘(c) MEMBERSHIP.— 

4 ‘‘(1) COMPOSITION.—The Interagency Com5 mittee shall be composed of— 

6 ‘‘(A) at least 1 representative of the Coast 

7 Guard; 

8 ‘‘(B) at least 1 representative of the Na9 tional Oceanic and Atmospheric Administration; 

10 ‘‘(C) at least 1 representative of the Envi11 ronmental Protection Agency; 

12 ‘‘(D) at least 1 representative of the De13 partment of the Interior; 

14 ‘‘(E) at least 1 representative of the Bu15 reau of Safety and Environmental Enforcement; 

16 ‘‘(F) at least 1 representative of the Bu17 reau of Ocean Energy Management; 

18 ‘‘(G) at least 1 representative of the 

19 United States Fish and Wildlife Service; 

20 ‘‘(H) at least 1 representative of the De21 partment of Energy; 

22 ‘‘(I) at least 1 representative of the Pipe23 line and Hazardous Materials Safety Adminis24 tration; 


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1 ‘‘(J) at least 1 representative of the Fed2 eral Emergency Management Agency; 

3 ‘‘(K) at least 1 representative of the Navy; 

4 ‘‘(L) at least 1 representative of the Army 

5 Corps of Engineers; 

6 ‘‘(M) at least 1 representative of the 

7 United States Arctic Research Commission; and 

8 ‘‘(N) at least 1 representative of each of 

9 such other Federal agencies as the President 

10 considers to be appropriate. 

11 ‘‘(2) CHAIRPERSON.—The Commandant shall 

12 designate a Chairperson from among members of 

13 the Interagency Committee selected under paragraph 

14 (1)(A). 

15 ‘‘(3) VICE-CHAIRPERSON.—The Under Sec16 retary shall designate a Vice-Chairperson from 

17 among members of the Interagency Committee se18 lected under paragraph (1)(B). 

19 ‘‘(4) MEETINGS.— 

20 ‘‘(A) QUARTERLY MEETINGS.—At a min21 imum, the members of the Interagency Com22 mittee shall meet once each quarter. 

23 ‘‘(B) PUBLIC SUMMARIES.—After each 

24 meeting, a summary shall be made available by 

25 the Chair or Vice-Chair, as appropriate. 


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1 ‘‘(d) DUTIES OF THE INTERAGENCY COMMITTEE.— 

2 ‘‘(1) RESEARCH.—The Interagency Committee 

3 shall— 

4 ‘‘(A) coordinate a comprehensive program 

5 of oil pollution research, technology develop6 ment, and demonstration among the Federal 

7 agencies, in cooperation and coordination with 

8 industry, 4-year institutions of higher education 

9 and research institutions, State and tribal gov10 ernments, and other nations, as appropriate; 

11 and 

12 ‘‘(B) foster cost-effective research mecha13 nisms, including the joint funding of research 

14 and the development of public-private partner15 ships for the purpose of expanding research. 

16 ‘‘(2) OIL POLLUTION RESEARCH AND TECH17 NOLOGY PLAN.— 

18 ‘‘(A) IMPLEMENTATION PLAN.—Not later 

19 than 180 days after the date of enactment of 

20 the Coast Guard Authorization Act of 2019, the 

21 Interagency Committee shall submit to Con22 gress a research plan to report on the state of 

23 oil discharge prevention and response capabili24 ties that— 


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1 ‘‘(i) identifies current research pro2 grams conducted by Federal agencies, 

3 State and tribal governments, 4-year insti4 tutions of higher education, and corporate 

5 entities; 

6 ‘‘(ii) assesses the current status of 

7 knowledge on oil pollution prevention, re8 sponse, and mitigation technologies and ef9 fects of oil pollution on the environment; 

10 ‘‘(iii) identifies significant oil pollution 

11 research gaps, including an assessment of 

12 major technological deficiencies in re13 sponses to past oil discharges; 

14 ‘‘(iv) establishes national research pri15 orities and goals for oil pollution tech16 nology development related to prevention, 

17 response, mitigation, and environmental ef18 fects; 

19 ‘‘(v) assesses the research on the ap20 plicability and effectiveness of the preven21 tion, response, and mitigation technologies 

22 to each class of oil; 

23 ‘‘(vi) estimates the resources needed 

24 to conduct the oil pollution research and 

25 development program established pursuant 


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1 to subsection (e), and timetables for com2 pleting research tasks; 

3 ‘‘(vii) summarizes research on re4 sponse equipment in varying environmental 

5 conditions, such as in currents, ice cover, 

6 and ice floes; and 

7 ‘‘(viii) includes such other information 

8 or recommendations as the Interagency 

9 Committee determines to be appropriate. 

10 ‘‘(B) ADVICE AND GUIDANCE.— 

11 ‘‘(i) NATIONAL ACADEMY OF

12 SCIENCES CONTRACT.—The Chair, through 

13 the department in which the Coast Guard 

14 is operating, shall contract with the Na15 tional Academy of Sciences to— 

16 ‘‘(I) provide advice and guidance 

17 in the preparation and development of 

18 the research plan; 

19 ‘‘(II) assess the adequacy of the 

20 plan as submitted, and submit a re21 port to Congress on the conclusions of 

22 such assessment; and 

23 ‘‘(III) provide organization guid24 ance regarding the implementation of 

25 the research plan, including delegation 


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1 of topics and research among Federal 

2 agencies represented on the Inter3 agency Committee. 

4 ‘‘(ii) NIST ADVICE AND GUIDANCE.— 

5 The National Institute of Standards and 

6 Technology shall provide the Interagency 

7 Committee with advice and guidance on 

8 issues relating to quality assurance and 

9 standards measurements relating to its ac10 tivities under this section. 

11 ‘‘(C) 10-YEAR UPDATES.—Not later than 

12 10 years after the date of enactment of the 

13 Coast Guard Authorization Act of 2019 and 

14 every 10 years thereafter, the Interagency Com15 mittee shall submit to Congress a research plan 

16 that updates the information contained in the 

17 previous research plan submitted under this 

18 subsection.’’; 

19 (3) in subsection (e), as redesignated by para20 graph (1) of this section— 

21 (A) in paragraph (1), by inserting ‘‘tech22 nology’’ after ‘‘research and’’; 

23 (B) in paragraph (2), in the matter pre24 ceding subparagraph (A)— 


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1 (i) by striking ‘‘this subsection’’ and 

2 inserting ‘‘paragraph (1)’’; and 

3 (ii) by striking ‘‘which are effective in 

4 preventing or mitigating oil discharges and 

5 which’’ and inserting ‘‘and methods that 

6 are effective in preventing, mitigating, or 

7 restoring damage from oil discharges and 

8 that’’; 

9 (C) in paragraph (4)(A)— 

10 (i) in the matter preceding clause (i), 

11 by striking ‘‘oil discharges. Such program 

12 shall’’ and inserting ‘‘acute and chronic oil 

13 discharges on coastal and marine resources 

14 (including impacts on protected areas such 

15 as sanctuaries) and protected species, and 

16 such program shall’’; 

17 (ii) by redesignating clauses (iii) and 

18 (iv) as clauses (iv) and (v), respectively; 

19 (iii) by inserting after clause (ii) the 

20 following: 

21 ‘‘(iii) Research to understand and quantify 

22 the effects of sublethal impacts of oil discharge 

23 on living natural marine resources, including 

24 impacts on pelagic fish species, marine mamVerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\S2297.RS S2297

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1 mals, and commercially and recreationally tar2 geted fish and shellfish species.’’; and 

3 (iv) by inserting after clause (v), as 

4 redesignated by subclause (II) clause (ii) of 

5 this subparagraph, the following: 

6 ‘‘(vi) Research to understand the long-term 

7 effects of major oil discharges and the long8 term effects of smaller endemic oil discharges. 

9 ‘‘(vii) Potential impacts on ecosystems, 

10 habitat, and wildlife from the additional tox11 icity, heavy metal concentrations, and increased 

12 corrosiveness of mixed crude, such as diluted bi13 tumen crude. 

14 ‘‘(viii) Methods to restore and rehabilitate 

15 natural resources and ecosystem functions dam16 aged by oil discharges.’’; 

17 (D) by striking paragraph (7) and insert18 ing the following: 

19 ‘‘(7) SIMULATED ENVIRONMENTAL TESTING.— 

20 ‘‘(A) IN GENERAL.—Agencies represented 

21 on the Interagency Committee shall ensure the 

22 long-term use and operation of the Oil and 

23 Hazardous Materials Simulated Environmental 

24 Test Tank (OHMSETT) Research Center in 


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1 New Jersey for oil pollution technology testing 

2 and evaluations. 

3 ‘‘(B) OTHER TESTING FACILITIES.—Nothing 

4 in subparagraph (A) shall be construed as lim5 iting the ability of the Interagency Committee to 

6 contract or partner with a facility or facilities 

7 other than the Center described in subparagraph 

8 (A) for the purpose of oil pollution technology 

9 testing and evaluations, provided such a facility 

10 or facilities have testing and evaluation capabili11 ties equal to or greater than those of such Center. 

12 ‘‘(B) (C) IN-KIND CONTRIBUTIONS.— 

13 ‘‘(i) IN GENERAL.—The Secretary of 

14 the Department in which the Coast Guard 

15 is operating and the Administrator of the 

16 Environmental Protection Agency may ac17 cept donations of crude oil and crude oil 

18 product samples in the form of in-kind 

19 contributions for use by the Federal Gov20 ernment for product testing, research and 

21 development, and for other purposes as the 

22 Secretary and the Administrator determine 

23 appropriate. 

24 ‘‘(ii) USE OF DONATED OIL.—Oil ac25 cepted under clause (i) may be used diVerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\S2297.RS S2297

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1 rectly by the Secretary and shall be pro2 vided to other Federal agencies or depart3 ments through interagency agreements to 

4 carry out the purposes of this Act.’’; 

5 (E) in paragraph (8)— 

6 (i) in subparagraph (A), by striking 

7 ‘‘subsection (b)’’ and inserting ‘‘subsection 

8 (d)’’; and 

9 (ii) in subparagraph (D)(iii), by strik10 ing ‘‘subsection (b)(1)(F)’’ and inserting 

11 ‘‘subsection (d)’’; and 

12 (F) in paragraph (10)— 

13 (i) by striking ‘‘agencies represented 

14 on the Interagency Committee’’ and insert15 ing ‘‘Under Secretary’’; 

16 (ii) by inserting ‘‘States, tribes,’’ after 

17 ‘‘research institutions,’’; and 

18 (iii) by striking ‘‘subsection (b)’’ and 

19 inserting ‘‘subsection (d)’’; 

20 (4) in subsection (f), as redesignated by para21 graph (1) of this section, by striking ‘‘subsection 

22 (b)’’ and inserting ‘‘subsection (d)’’; 

23 (5) in subsection (g), as redesignated by para24 graph (1) of this section, by striking ‘‘Chairman of 


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1 the Interagency Committee’’ and inserting ‘‘Chair’’; 

2 and 

3 (6) in subsection (h), as redesignated by para4 graph (1) of this section, by striking ‘‘subsection 

5 (c)(8)’’ each place the term appears and inserting 

6 ‘‘subsection (e)(8)’’. 

7 SEC. 430. MEDICAL STANDARDS. 

8 (a) IN GENERAL.—Chapter 35 of title 46, United 

9 States Code, is amended by adding at the end the following: 

10 ‘‘§ 3509. Medical standards 

11 ‘‘The owner of a vessel to which section 3507 applies 

12 shall ensure that— 

13 ‘‘(1) a physician is always present and available 

14 to treat any passengers who may be on board the ves15 sel in the event of an emergency situation; and 

16 ‘‘(2) the vessel is in compliance with the Health 

17 Care Guidelines for Cruise Ship Medical Facilities es18 tablished by the American College of Emergency Phy19 sicians.’’. 

20 (b) TECHNICAL AMENDMENT.—The analysis for chap21 ter 35 of title 46, United States Code, is amended by adding 

22 at the end the following: 

‘‘3509. Medical standards.’’. 


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1 SEC. 431. NORTHERN MICHIGAN OIL SPILL RESPONSE 

2 PLANNING. 

3 Notwithstanding any other provision of law, not later 

4 than 180 days after the date of enactment of this Act, the 

5 Secretary of the department in which the Coast Guard is 

6 operating, in consultation with the Administrator of the 

7 Environmental Protection Agency, shall update the North8 ern Michigan Area Contingency Plan to include a worst9 case discharge from an onshore pipeline in adverse weather 

10 conditions, including significant wave height conditions 

11 and ice-covered conditions. 

12 SEC. 432. LAND-BASED UNMANNED AIRCRAFT SYSTEM PRO13 GRAM OF THE COAST GUARD. 

14 (a) FUNDING FOR CERTAIN ENHANCED CAPABILI15 TIES.—Section 319 of title 14, United States Code, is 

16 amended by adding at the end the following new subsection: 

17 ‘‘(c) FUNDING FOR CERTAIN ENHANCED CAPABILI18 TIES.—In each of fiscal years 2020 and 2021, the Com19 mandant may provide additional funding of $5,000,000 for 

20 additional long-range maritime patrol aircraft (MPA), ac21 quired through full and open competition.’’. 

22 (b) REPORT ON USE OF UNMANNED AIRCRAFT SYS23 TEMS FOR CERTAIN SURVEILLANCE.— 

24 (1) REPORT REQUIRED.—Not later than March 

25 31, 2021, the Commandant shall submit to the appro26 priate committees of Congress a report setting forth 


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1 an assessment of the feasibility and advisability of 

2 using unmanned aircraft systems (UAS) for surveil3 lance of marine protected areas, the transit zone, and 

4 the Arctic in order to— 

5 (A) establish and maintain regular mari6 time domain awareness of such areas; 

7 (B) ensure appropriate response to illegal 

8 activities in such areas; and 

9 (C) collaborate with State, local, and tribal 

10 authorities, and international partners, in sur11 veillance missions over their waters in such 

12 areas. 

13 (2) APPROPRIATE COMMITTEES OF CONGRESS

14 DEFINED.—In this subsection, the term ‘‘appropriate 

15 committees of Congress’’ means— 

16 (A) the Committee on Commerce, Science, 

17 and Transportation and the Committee on 

18 Homeland Security and Governmental Affairs of 

19 the Senate; and 

20 (B) the Committee on Transportation and 

21 Infrastructure and the Committee on Homeland 

22 Security of the House of Representatives. 


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1 SEC. 433. PROHIBITION ON OPERATION OR PROCUREMENT 

2 OF FOREIGN-MADE UNMANNED AIRCRAFT 

3 SYSTEMS. 

4 (a) PROHIBITION ON AGENCY OPERATION OR PRO5 CUREMENT.—The Commandant may not operate or enter 

6 into or renew a contract for the procurement of— 

7 (1) a covered unmanned aircraft system that— 

8 (A) is manufactured in a covered foreign 

9 country or by an entity domiciled in a covered 

10 foreign country; 

11 (B) uses flight controllers, radios, data 

12 transmission devices, cameras, or gimbals manu13 factured in a covered foreign country or by an 

14 entity domiciled in a covered foreign country; 

15 (C) uses a ground control system or oper16 ating software developed in a covered foreign 

17 country or by an entity domiciled in a covered 

18 foreign country; or 

19 (D) uses network connectivity or data stor20 age located in or administered by an entity dom21 iciled in a covered foreign country; or 

22 (2) a system manufactured in a covered foreign 

23 country or by an entity domiciled in a covered for24 eign country for the detection or identification of cov25 ered unmanned aircraft systems. 

26 (b) EXEMPTION.— 


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1 (1) IN GENERAL.—The Commandant is exempt 

2 from the restriction under subsection (a) if— 

3 (A) the operation or procurement is for the 

4 purposes of— 

5 (i) counter-UAS surrogate testing and 

6 training; or 

7 (ii) intelligence, electronic warfare, 

8 and information warfare operations, test9 ing, analysis, and training; or 

10 (B) the Commandant receives a certification 

11 from the Coast Guard unit requesting to operate 

12 or procure an unmanned aircraft system other13 wise restricted under subsection (a), which shall 

14 include supporting manufacturer information, 

15 that the unmanned aircraft system does not— 

16 (i) connect to the internet or an out17 side telecommunications service; 

18 (ii) connect to other devices or elec19 tronics, except as necessary to perform the 

20 mission; or 

21 (iii) perform any missions in support 

22 of classified information or that may 

23 threaten national security. 

24 (2) EXPIRATION.—The authority under this sub25 section to operate or procure an unmanned aircraft 


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1 system otherwise restricted under subsection (a) ex2 pires two years after the date of the enactment of this 

3 Act. 

4 (c) WAIVER.—The Commandant may waive the re5 striction under subsection (a) on a case by case basis by 

6 certifying in writing to the Department of Homeland Secu7 rity and the relevant committees of jurisdiction that the op8 eration or procurement is required in the national interest 

9 of the United States. 

10 (d) DEFINITIONS.—In this section: 

11 (1) COVERED FOREIGN COUNTRY.—The term 

12 ‘‘covered foreign country’’ means the People’s Repub13 lic of China. 

14 (2) COVERED UNMANNED AIRCRAFT SYSTEM.— 

15 The term ‘‘covered unmanned aircraft system’’ means 

16 an unmanned aircraft system and any related serv17 ices and equipment. 

18 SEC. 434. VOTING REQUIREMENT. 

19 Section 305(i)(1)(G)(iv) of Public Law 94–265, as 

20 amended by section 416 of the Coast Guard Authorization 

21 of 2006 (Public Law 109–241), is amended to read as fol22 lows: 

23 ‘‘(iv) VOTING REQUIREMENT.—The 

24 panel may act only by the affirmative vote 

25 of at least 5 of its members, except that any 


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1 decision made pursuant to the last sentence 

2 of subparagraph (C) shall require the unan3 imous vote of all 6 members of the panel.’’. 

4 TITLE V—FEDERAL MARITIME 

5 COMMISSION 

6 SEC. 501. SHORT TITLE. 

7 This title may be cited as the ‘‘Federal Maritime 

8 Commission Authorization Act of 2019’’. 

9 SEC. 502. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 308 of title 46, United States Code, is 

11 amended by striking ‘‘$28,012,310 for fiscal year 2018 

12 and $28,544,543 for fiscal year 2019’’ and inserting 

13 ‘‘$29,086,888 for fiscal year 2020 and $29,639,538 for 

14 fiscal year 2021’’. 


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Calendar No. 226 

116TH CONGRESS 

1ST SESSION S. 2297 

A BILL 

To authorize appropriations for the Coast Guard, 

and for other purposes. 

SEPTEMBER 26, 2019 

Reported with amendments 


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