Coast Guard Authorization Act of 2019

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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Coast Guard Authorization Act of 2019’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 VerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2297.RS S2297 kjohnson on DSK79L0C42 with BILLS 2 •S 2297 RS 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 harass- ment 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 Mu- seum Association. Sec. 223. Research projects; transactions other than contracts and grants. Sec. 224. Support of elementary and secondary education in science, mathe- matics, and technology. Sec. 225. Limitations on claims. Sec. 226. Acquisition workforce authorities. Sec. 227. Resolution by Chief Acquisition Officer of acquisition disputes ele- vated 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 whis- tleblower protections by agents of the Coast Guard Investiga- tive Service. VerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6411 E:\BILLS\S2297.RS S2297 kjohnson on DSK79L0C42 with BILLS 3 •S 2297 RS 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 con- struction 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 fam- ilies. 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 Acad- emy. 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. VerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S2297.RS S2297 kjohnson on DSK79L0C42 with BILLS 4 •S 2297 RS Sec. 277. Comptroller General of the United States study and report on med- ical 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 ves- sel traffic service centers. Sec. 420. Replacement vessel. Sec. 421. Limited indemnity provisions in standby oil spill response contracts. VerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\S2297.RS S2297 kjohnson on DSK79L0C42 with BILLS 5 •S 2297 RS Sec. 422. United States commercial space-based radio frequency maritime do- main awareness testing and evaluation program. Sec. 423. Exemption of commercial fishing vessels operating in the Alaskan Re- gion from the Global Marine Distress and Safety Service re- quirements 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. SEC. 2. DEFINITION. 1 In this Act, the term ‘‘Commandant’’ means the 2 Commandant of the Coast Guard. 3 TITLE I—AUTHORIZATIONS 4 SEC. 101. AUTHORIZATIONS OF APPROPRIATIONS. 5 Section 4902 of title 14, United States Code, is 6 amended— 7 (1) in paragraph (1)— 8 (A) in subparagraph (A), by striking ‘‘pro- 9 vided for, $7,914,195,000 for fiscal year 2019.’’ 10 and inserting ‘‘provided for— 11 ‘‘(i) $8,801,620,850 for fiscal year 2020; and 12 ‘‘(ii) $8,396,169,475 for fiscal year 2021.’’; 13 VerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2297.RS S2297 kjohnson on DSK79L0C42 with BILLS 6 •S 2297 RS (B) in subparagraph (B), by striking ‘‘sub- 1 paragraph (A)’’ in the matter preceding clause 2 (i) and inserting ‘‘subparagraph (A)(i)’’; and 3 (C) by adding at the end the following: 4 ‘‘(C) Of the amount authorized under subpara- 5 graph (A)(ii)— 6 ‘‘(i) $17,119,000 shall be for environ- 7 mental compliance and restoration; and 8 ‘‘(ii) $204,344,000 shall be for the con- 9 tribution of the Coast Guard to the Department 10 of Defense Medicare-Eligible Retiree Health 11 care Fund.’’; 12 (2) in paragraph (2), by striking ‘‘and equip- 13 ment, $2,694,745,000 for fiscal year 2019.’’ and in- 14 serting ‘‘and equipment— 15 ‘‘(A) $2,694,745,000 for fiscal year 2020; 16 and 17 ‘‘(B) $2,762,114,000 for fiscal year 18 2021.’’; and 19 (3) in paragraph (3), by striking ‘‘and equip- 20 ment, $29,141,000 for fiscal year 2019.’’ and insert- 21 ing ‘‘and equipment— 22 ‘‘(A) $29,141,000 for fiscal year 2020; and 23 ‘‘(B) $29,870,000 for fiscal year 2021.’’. 24 VerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2297.RS S2297 kjohnson on DSK79L0C42 with BILLS 7 •S 2297 RS SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 1 AND TRAINING. 2 Section 4904 of title 14, United States Code, is 3 amended— 4 (1) in subsection (a), by striking ‘‘43,000 for 5 fiscal year 2018 and 44,500 for fiscal year 2019’’ 6 and inserting ‘‘44,500 for each of fiscal years 2020 7 and 2021’’; and 8 (2) in subsection (b), by striking ‘‘fiscal years 9 2018 and 2019’’ and inserting ‘‘fiscal years 2020 10 and 2021’’. 11 SEC. 103. VESSEL SAFETY STANDARDS. 12 (a) FISHING SAFETY TRAINING GRANTS PRO- 13 GRAM.—Subsection (i) of section 4502 of title 46, United 14 States Code, is amended— 15 (1) in paragraph (3), by striking ‘‘50 percent’’ 16 and inserting ‘‘75 percent’’; and 17 (2) in paragraph (4), by striking ‘‘2019’’ and 18 inserting ‘‘2021’’. 19 (b) FISHING SAFETY RESEARCH GRANT PRO- 20 GRAM.—Subsection (j) of such section is amended— 21 (1) in paragraph (3), by striking ‘‘50 percent’’ 22 and inserting ‘‘75 percent’’; and 23 (2) in paragraph (4), by striking ‘‘2019’’ and 24 inserting ‘‘2021’’. 25 VerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2297.RS S2297 kjohnson on DSK79L0C42 with BILLS 8 •S 2297 RS (c) FISHING SAFETY GRANTS.—The cap on the Federal 1 share of the cost of any activity carried out with a grant 2 under subsections (i) and (j) of section 4502 of title 46, 3 United States Code, as in effect prior to the date of enact- 4 ment of the Frank LoBiondo Coast Guard Authorization 5 Act of 2018, shall apply to any funds appropriated under 6 the Consolidated Appropriations Act, 2017 (Public Law 7 115–31) for the purpose of making such grants. 8 SEC. 104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF 9 ADDITIONAL NATIONAL SECURITY CUTTER. 10 (a) IN GENERAL.—Of the aggregate amount author- 11 ized to be appropriated for fiscal years 2020 and 2021 12 by section 4902(2) of title 14, United States Code, as 13 amended by section 101 of this Act, $650,000,000 is au- 14 thorized to be available for the acquisition of a National 15 Security Cutter. 16 (b) TREATMENT OF ACQUIRED CUTTER.—Any Cut- 17 ter acquired using amounts available pursuant to sub- 18 section (a) shall be in addition to the National Security 19 Cutters approved under the existing acquisition baseline 20 in the program of record for the National Security Cutter. 21 SEC. 105. PROCUREMENT AUTHORITY FOR POLAR SECU- 22 RITY CUTTERS. 23 (a) IN GENERAL.—For fiscal year 2020 and each fis- 24 cal year thereafter, the Secretary of the department in 25 VerDate Sep 11 2014 22:36 Sep 26, 2019 Jkt 089200 PO 0000 [Text truncated for display. Full text available on Congress.gov.]