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IIB
116TH CONGRESS
1ST SESSION H. R. 3409
IN THE SENATE OF THE UNITED STATES
JULY 25, 2019
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
To authorize appropriations for the Coast Guard, and for
other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Coast Guard Author-
2
ization Act of 2019’’.
3
SEC. 2. TABLE OF CONTENTS.
4
The table of contents for this Act is as follows:
5
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—AUTHORIZATIONS
Sec. 101. Authorizations of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Determination of budgetary effects.
TITLE II—COAST GUARD
Sec. 201. Grade on retirement.
Sec. 202. Congressional affairs; Director.
Sec. 203. Limitations on claims.
Sec. 204. Authority for officers to opt out of promotion board consideration.
Sec. 205. Temporary promotion authority for officers in certain grades with
critical skills.
Sec. 206. Career intermission program.
Sec. 207. Major acquisitions; operation and sustainment costs.
Sec. 208. Employment assistance.
Sec. 209. Reports on gender diversity in the Coast Guard.
Sec. 210. Disposition of infrastructure related to E–LORAN.
Sec. 211. Positions of importance and responsibility.
Sec. 212. Research projects; transactions other than contracts and grants.
Sec. 213. Acquisition workforce authorities.
Sec. 214. Report on Coast Guard defense readiness resources allocation.
Sec. 215. Report on the feasibility of liquefied natural gas fueled vessels.
TITLE III—SHIPPING
Sec. 301. Electronic charts; equivalency.
Sec. 302. Passenger vessel security and safety requirements; application.
Sec. 303. Non-operating individual.
Sec. 304. Small passenger vessels and uninspected passenger vessels.
Sec. 305. Installation vessels.
Sec. 306. Advisory committees.
Sec. 307. Expired maritime liens.
Sec. 308. Training; emergency response providers.
Sec. 309. Aiming a laser pointer at a vessel.
Sec. 310. Maritime transportation assessment.
Sec. 311. Safety of special activities.
Sec. 312. Engine cut-off switches; use requirement.
Sec. 313. Exemptions and equivalents.
Sec. 314. Security plans; reviews.
Sec. 315. Waiver of navigation and vessel inspection laws.
Sec. 316. Requirement for small shipyard grantees.
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Sec. 317. Independent study on the United States Merchant Marine Academy.
Sec. 318. Centers of excellence for domestic maritime workforce training and
education.
Sec. 319. Renewal of merchant mariner licenses and documents.
TITLE IV—MISCELLANEOUS
Sec. 401. Coastwise trade.
Sec. 402. Unmanned maritime systems and satellite vessel tracking tech-
nologies.
Sec. 403. Expedited transfer in cases of sexual assault; dependents of members
of the Coast Guard.
Sec. 404. Towing vessels; operation outside the boundary line.
Sec. 405. Coast Guard authorities study.
Sec. 406. Cloud computing strategy.
Sec. 407. Report on effects of climate change on Coast Guard.
Sec. 408. Shore infrastructure.
Sec. 409. Physical access control system report.
Sec. 410. Coastwise endorsements.
Sec. 411. Polar security cutter acquisition report.
Sec. 412. Sense of the Congress on the need for a new Great Lakes icebreaker.
Sec. 413. Cargo preference study.
Sec. 414. Insider Threat program.
Sec. 415. Fishing safety grants.
Sec. 416. Plans for demonstration programs.
Sec. 417. Waters deemed not navigable waters of the United States for certain
purposes.
Sec. 418. Coast Guard housing; status and authorities briefing.
Sec. 419. Conveyance of Coast Guard property at Point Spencer, Alaska.
Sec. 420. Prohibition.
Sec. 421. Certificate extensions.
Sec. 422. Homeland security rotational cybersecurity research program at the
Coast Guard Academy.
Sec. 423. Towing vessel inspection fees.
Sec. 424. Subrogated claims.
Sec. 425. Loan provisions under Oil Pollution Act of 1990.
Sec. 426. Liability limits.
Sec. 427. Report on drug interdiction in the Caribbean basin.
Sec. 428. Voting Requirement.
Sec. 429. Transportation work identification card pilot program.
Sec. 430. Plan for wing-in-ground demonstration plan.
TITLE V—REORGANIZATION
Sec. 501. Uninspected commercial fishing industry vessels.
Sec. 502. Transfers.
Sec. 503. Repeals.
TITLE VI—TECHNICAL, CONFORMING, AND CLARIFYING
AMENDMENTS
Sec. 601. Maritime transportation system.
Sec. 602. References to ‘‘persons’’ and ‘‘seamen’’.
Sec. 603. Common appropriation structure.
Sec. 604. References to ‘‘himself’’ and ‘‘his’’.
Sec. 605. References to ‘‘motorboats’’ and ‘‘yachts’’.
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Sec. 606. Miscellaneous technical corrections.
Sec. 607. Technical corrections relating to codification of Ports and Waterways
Safety Act.
TITLE VII—FEDERAL MARITIME COMMISSION
Sec. 701. Short title.
Sec. 702. Authorization of appropriations.
TITLE VIII—COAST GUARD ACADEMY IMPROVEMENT ACT
Sec. 801. Short title.
Sec. 802. Coast Guard Academy study.
Sec. 803. Annual report.
Sec. 804. Assessment of Coast Guard Academy admission processes.
Sec. 805. Coast Guard Academy minority outreach team program.
Sec. 806. Coast Guard college student pre-commissioning initiative.
Sec. 807. Annual board of visitors.
TITLE I—AUTHORIZATIONS
1
SEC. 101. AUTHORIZATIONS OF APPROPRIATIONS.
2
Section 4902 of title 14, United States Code, is
3
amended—
4
(1) in the matter preceding paragraph (1), by
5
striking ‘‘year 2019’’ and inserting ‘‘years 2020 and
6
2021’’;
7
(2) in paragraph (1)(A), by striking ‘‘provided
8
for, $7,914,195,000 for fiscal year 2019.’’ and in-
9
serting ‘‘provided for—
10
‘‘(i) $8,122,912,000 for fiscal year 2020;
11
and
12
‘‘(ii)
$8,538,324,000
for
fiscal
year
13
2021.’’;
14
(3) in paragraph (1)(B), by striking ‘‘subpara-
15
graph (A)—’’ and inserting ‘‘subparagraph (A)(i),
16
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$17,035,000 shall be for environmental compliance
1
and restoration.’’;
2
(4) by striking paragraphs (1)(B)(i) and
3
(1)(B)(ii);
4
(5) in paragraph (1), by adding at the end the
5
following:
6
‘‘(C) Of the amount authorized under subpara-
7
graph (A)(ii) $17,376,000 shall be for environmental
8
compliance and restoration.’’;
9
(6) in paragraph (2)—
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(A) by striking ‘‘For the procurement’’ and
11
inserting ‘‘(A) For the procurement’’;
12
(B)
by
striking
‘‘and
equipment,
13
$2,694,745,000 for fiscal year 2019.’’ and in-
14
serting ‘‘and equipment—
15
‘‘(i) $2,748,640,000 for fiscal year 2020;
16
and
17
‘‘(ii)
$2,803,613,000
for
fiscal
year
18
2021.’’; and
19
(C) by adding at the end the following:
20
‘‘(B) Of the amounts authorized under subpara-
21
graph (A), the following amounts shall be for the al-
22
teration of bridges:
23
‘‘(i) $10,000,000 for fiscal year 2020; and
24
‘‘(ii) $20,000,000 for fiscal year 2021.’’;
25
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(7) in paragraph (3), by striking ‘‘and equip-
1
ment, $29,141,000 for fiscal year 2019.’’ and insert-
2
ing ‘‘and equipment—
3
‘‘(A) $13,834,000 for fiscal year 2020; and
4
‘‘(B) $14,111,000 for fiscal year 2021.’’;
5
and
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(8) by adding at the end the following:
7
‘‘(4) For the Coast Guard’s Medicare-eligible
8
retiree health care fund contribution to the Depart-
9
ment of Defense—
10
‘‘(A) $205,107,000 for fiscal year 2020;
11
and
12
‘‘(B) $209,209,000 for fiscal year 2021.’’.
13
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH
14
AND TRAINING.
15
Section 4904 of title 14, United States Code, is
16
amended—
17
(1) in subsection (a), by striking ‘‘43,000 for
18
fiscal year 2018 and 44,500 for fiscal year 2019’’
19
and inserting ‘‘44,500 for each of fiscal years 2020
20
and 2021’’; and
21
(2) in subsection (b), by striking ‘‘fiscal years
22
2018 and 2019’’ and inserting ‘‘fiscal years 2020
23
and 2021’’.
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SEC. 103. DETERMINATION OF BUDGETARY EFFECTS.
1
The budgetary effects of this Act, for the purpose of
2
complying with the Statutory Pay-As-You-Go Act of 2010,
3
shall be determined by reference to the latest statement
4
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this
5
Act, submitted for printing in the Congressional Record
6
by the Chairman of the House Budget Committee, pro-
7
vided that such statement has been submitted prior to the
8
vote on passage.
9
TITLE II—COAST GUARD
10
SEC. 201. GRADE ON RETIREMENT.
11
(a) COMMANDANT OR VICE COMMANDANT.—Section
12
303 of title 14, United States Code, is amended—
13
(1) in subsections (a) and (b), by striking ‘‘A’’
14
each place it appears and inserting ‘‘Subject to sec-
15
tion 2501, a’’; and
16
(2) in subsection (c), by striking ‘‘An’’ and in-
17
serting ‘‘Subject to section 2501, an’’.
18
(b) OTHER OFFICERS.—Section 306 of title 14,
19
United States Code, is amended—
20
(1) by striking ‘‘An officer’’ each place it ap-
21
pears and inserting ‘‘Subject to section 2501, an of-
22
ficer’’; and
23
(2) in subsection (c), by striking ‘‘his’’ and in-
24
serting ‘‘the officer’s’’.
25
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(c) COMMISSIONED OR WARRANT OFFICER.—Section
1
2501 of title 14, United States Code, is amended—
2
(1) in subsection (a)—
3
(A) by striking ‘‘Any’’ and inserting ‘‘COM-
4
MISSIONED OFFICER.—
5
‘‘(1) IN GENERAL.—Any’’;
6
(B) by striking ‘‘him’’ and inserting ‘‘such
7
officer’’;
8
(C) by striking ‘‘his’’ and inserting ‘‘the
9
officer’s’’; and
10
(D) by adding at the end the following:
11
‘‘(2) CONDITIONAL DETERMINATION.—When an
12
officer is under investigation for alleged misconduct
13
at the time of retirement, the Secretary may condi-
14
tionally determine the highest grade of satisfactory
15
service of the officer pending completion of the in-
16
vestigation. Such grade is subject to resolution
17
under subsection (c)(2).’’;
18
(2) in subsection (b)—
19
(A) by striking ‘‘Any’’ and inserting
20
‘‘WARRANT OFFICER.—Any’’;
21
(B) by striking ‘‘him’’ and inserting ‘‘such
22
warrant officer’’; and
23
(C) by striking ‘‘his’’ and inserting ‘‘the
24
warrant officer’s’’; and
25
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(3) by adding at the end the following:
1
‘‘(c) RETIREMENT IN LOWER GRADE.—
2
‘‘(1) MISCONDUCT IN LOWER GRADE.—In the
3
case of an officer whom the Secretary determines
4
committed misconduct in a lower grade, the Sec-
5
retary may determine the officer has not served sat-
6
isfactorily in any grade equal to or higher than that
7
lower grade.
8
‘‘(2) CONDITIONAL DETERMINATION.—A deter-
9
mination of the retired grade of an officer shall be
10
resolved following a conditional determination under
11
subsection (a)(2) or (b)(2) if the investigation of or
12
personnel action against the officer or warrant offi-
13
cer, as applicable, results in adverse findings.
14
‘‘(3) RETIRED
PAY; RECALCULATION.—If the
15
retired grade of an officer is reduced, the retired pay
16
of the officer under chapter 71 of title 10 shall be
17
recalculated, and any modification of the retired pay
18
of the officer shall go into effect on the effective date
19
of the reduction in retired grade.
20
‘‘(d) FINALITY
OF RETIRED GRADE DETERMINA-
21
TIONS.—
22
‘‘(1) ADMINISTRATIVE
FINALITY.—Except as
23
otherwise provided by law, a determination of the re-
24
tired grade of an officer pursuant to this section is
25
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administratively final on the day the officer is re-
1
tired, and may not be reopened.
2
‘‘(2) REOPENING
DETERMINATION.—A deter-
3
mination of the retired grade of an officer may be
4
reopened as follows:
5
‘‘(A) If the retirement or retired grade of
6
the officer was procured by fraud.
7
‘‘(B) If substantial evidence comes to light
8
after the retirement that could have led to a
9
lower retired grade under this section if known
10
by competent authority at the time of retire-
11
ment.
12
‘‘(C) If a mistake of law or calculation was
13
made in the determination of the retired grade.
14
‘‘(D) In the case of a retired grade fol-
15
lowing a conditional determination under sub-
16
section (a)(2) or (b)(2), if the investigation of
17
or personnel action against the officer, as appli-
18
cable, results in an adverse finding.
19
‘‘(E) If the Secretary determines, pursuant
20
to regulations prescribed by the Secretary, that
21
good cause exists to reopen the determination
22
or certification.
23
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‘‘(3) NOTIFICATION OF REOPENING.—If a de-
1
termination or certification of the retired grade of
2
an officer is reopened, the Secretary—
3
‘‘(A) shall notify the officer of the reopen-
4
ing; and
5
‘‘(B) may not make an adverse determina-
6
tion on the retired grade of the officer until the
7
officer has had a reasonable opportunity to re-
8
spond regarding the basis of the reopening.
9
‘‘(4) RETIRED
PAY; RECALCULATION.—If the
10
retired grade of an officer is reduced through the re-
11
opening of the officer’s or warrant officer’s retired
12
grade, the retired pay of the officer under chapter
13
71 of title 10 shall be recalculated, and any modi-
14
fication of the retired pay of the officer shall go into
15
effect on the effective date of the reduction of the
16
officer’s retired grade.’’.
17
SEC. 202. CONGRESSIONAL AFFAIRS; DIRECTOR.
18
(a) IN GENERAL.—Chapter 3 of title 14, United
19
States Code, as amended by this Act, is further amended
20
by adding at the end the following:
21
‘‘§ 320. Congressional affairs; Director
22
‘‘
[Text truncated for display. Full text available on Congress.gov.]