H.R. 3409 — what changed

“(1) In general—Any”

“(2) Conditional determination—When an officer is under investigation for alleged misconduct at the time of retirement, the Secretary may conditionally determine the highest grade of satisfactory service of the officer pending completion of the investigation. Such grade is subject to resolution under subsection (c)(2).”

changed “(c) Retirement in next lower grade

“(1) Misconduct in lower grade—In the case of an officer whom the Secretary determines committed misconduct in a lower grade, the Secretary may determine the officer has not served satisfactorily in any grade equal to or higher than that lower grade.

“(2) Conditional determination—A determination of the retired grade of an officer shall be resolved following a conditional determination under subsection (a)(2) or (b)(2) if the investigation of or personnel action against the officer or warrant officer, as applicable, results in adverse findings.

“(3) Retired pay; recalculation—If the retired grade of an officer is reduced, the retired pay of the officer under chapter 71 of title 10 shall be recalculated, and any modification of the retired pay of the officer shall go into effect on the effective date of the reduction in retired grade.

“(d) Finality of retired grade determinations

“(1) Administrative finality—Except as otherwise provided by law, a determination of the retired grade of an officer pursuant to this section is administratively final on the day the officer is retired, and may not be reopened.

“(2) Reopening determination—A determination of the retired grade of an officer may be reopened as follows:

“(A) If the retirement or retired grade of the officer was procured by fraud.

“(B) If substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section if known by competent authority at the time of retirement.

“(C) If a mistake of law or calculation was made in the determination of the retired grade.

“(D) In the case of a retired grade following a conditional determination under subsection (a)(2) or (b)(2), if the investigation of or personnel action against the officer, as applicable, results in an adverse finding.

“(E) If the Secretary determines, pursuant to regulations prescribed by the Secretary, that good cause exists to reopen the determination or certification.

“(3) Notification of reopening—If a determination or certification of the retired grade of an officer is reopened, the Secretary—

“(A) shall notify the officer of the reopening; and

“(B) may not make an adverse determination on the retired grade of the officer until the officer has had a reasonable opportunity to respond regarding the basis of the reopening.

“(4) Retired pay; recalculation—If the retired grade of an officer is reduced through the reopening of the officer’s or warrant officer’s retired grade, the retired pay of the officer under chapter 71 of title 10 shall be recalculated, and any modification of the retired pay of the officer shall go into effect on the effective date of the reduction of the officer’s retired grade.”

“2514. Career flexibility to enhance retention of members

“(a) Programs authorized—The Commandant may carry out a program under which members of the Coast Guard may be inactivated from active service in order to meet personal or professional needs and returned to active service at the end of such period of inactivation from active service.

“(b) Period of inactivation from active service; effect of inactivation

changed “(1) In general—The period of inactivation from active service under a program under this section of a member participating in the program shall be such period as the Commandant shall specify in the agreement of the member under subsection (c), except that such period may not exceed three 3 years.

“(2) Exclusion from years of service—Any service by a Reserve officer while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to section 14706(a) of title 10.

“(3) Exclusion from retirement—Any period of participation of a member in a program under this section shall not count toward—

“(A) eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of title 10; or

“(B) computation of retired or retainer pay under chapter 71 or 1223 of title 10.

“(c) Agreement—Each member of the Coast Guard who participates in a program under this section shall enter into a written agreement with the Commandant under which that member shall agree as follows:

“(1) To accept an appointment or enlist, as applicable, and serve in the Coast Guard Ready Reserve during the period of the inactivation of the member from active service under the program.

“(2) To undergo during the period of the inactivation of the member from active service under the program such inactive service training as the Commandant shall require in order to ensure that the member retains proficiency, at a level determined by the Commandant to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active service.

changed “(3) Following completion of the period of the inactivation of the member from active service under the program, to serve two 2 months as a member of the Coast Guard on active service for each month of the period of the inactivation of the member from active service under the program.

“(d) Conditions of release—The Commandant shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Commandant shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active service.

“(e) Order to active service—Under regulations prescribed by the Commandant, a member of the Coast Guard participating in a program under this section may, in the discretion of the Commandant, be required to terminate participation in the program and be ordered to active service.

“(f) Pay and allowances

“(1) Basic pay—During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active service in the grade and years of service of the member when the member commences participation in the program.

“(2) Special or incentive pay or bonus

“(A) Prohibition—A member who participates in such a program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 or section 1925 of this title that is in force when the member commences participation in the program.

“(B) Not treated as failure to perform services—The inactivation from active service of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program.

“(3) Return to active service

“(A) Special or incentive pay or bonus—Subject to subparagraph (B), upon the return of a member to active service after completion by the member of participation in a program—

“(i) any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and

“(ii) any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i).

“(B) Limitation

“(i) In general—Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, at the time of the return of the member to active service as described in that subparagraph—

“(I) such pay or bonus is no longer authorized by law; or

“(II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active service.

“(ii) Pay or bonus ceases being authorized—Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law.

“(C) Repayment—A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37.

“(D) Required service is additional—Any service required of a member under an agreement covered by this paragraph after the member returns to active service as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (c).

“(4) Travel and transportation allowance

“(A) In general—Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 474 of title 37 for—

“(i) travel performed from the residence of the member, at the time of release from active service to participate in the program, to the location in the United States designated by the member as the member’s residence during the period of participation in the program; and

“(ii) travel performed to the residence of the member upon return to active service at the end of the participation of the member in the program.

“(B) Single residence—An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence.

“(5) Leave balance—A member who participates in a program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of title 10, but not to exceed 60 days.

“(g) Promotion

“(1) Officers

“(A) In general—An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 21 or 37 of this title.

“(B) Return to service—Upon the return of an officer to active service after completion by the officer of participation in a program—

“(i) the Commandant may adjust the date of rank of the officer in such manner as the Commandant shall prescribe in regulations for purposes of this section; and

“(ii) the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion.

“(2) Enlisted members—An enlisted member participating in a program shall not be eligible for consideration for advancement during the period that—

“(A) begins on the date of the inactivation of the member from active service under the program; and

“(B) ends at such time after the return of the member to active service under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Commandant shall prescribe in regulations for purposes of the program.

“(h) Continued entitlements—A member participating in a program under this section shall, while participating in the program, be treated as a member of the Armed Forces on active duty for a period of more than 30 days for purposes of—

“(1) the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of this title; and

“(2) retirement or separation for physical disability under the provisions of chapter 61 of title 10 and chapters 21 and 23 of this title.”

“5109. Report on gender diversity in the Coast Guard

“(a) In general—Not later than January 15, 2022, and biennially thereafter, the Commandant shall submit a report on gender diversity in the Coast Guard to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

“(b) Contents—The report required under subsection (a) shall contain the following:

“(1) Gender diversity overview—An overview of Coast Guard active duty and Reserve members, including the number of officers and enlisted members and the percentages of men and women in each.

“(2) Recruitment and retention

changed “(A) An analysis of the changes in the recruitment and retention of women over the previous two 2 years.

changed “(B) A discussion of any changes to Coast Guard recruitment and retention over the previous two 2 years that were aimed at increasing the recruitment and retention of female members.

“(3) Parental leave

“(A) The number of men and women who took parental leave during each year covered by the report, including the average length of such leave periods.

“(B) A discussion of the ways in which the Coast Guard worked to mitigate the impacts of parental leave on Coast Guard operations and on the careers of the members taking such leave.

“(4) Limitations—An analysis of current gender-based limitations on Coast Guard career opportunities, including discussion of—

“(A) shipboard opportunities;

“(B) opportunities to serve at remote units; and

“(C) any other limitations on the opportunities of female members.

“(5) Progress update—An update on the Coast Guard’s progress on the implementation of the action plan required under section 209 of the Coast Guard Authorization Act of 2019.”

Section 914 of title 14, United States Code, is amended—

changed “(2) Availability of proceeds—The proceeds of such sales, less the costs of sale incurred by the General Services Administration, shall be deposited into the Coast Guard Housing Fund and, without further appropriation, shall be available until expended for uses authorized under section 2946 of this title.”

added “720. Research projects; transactions other than contracts and grants

added “(a) Additional forms of transactions authorized—The Commandant may enter into transactions (other than contracts, cooperative agreements, and grants) in carrying out basic, applied, and advanced research projects. The authority under this subsection is in addition to the authority provided in section 717 to use contracts, cooperative agreements, and grants in carrying out such projects.

added “(b) Advance payments—The authority under subsection (a) may be exercised without regard to section 3324 of title 31.

added “(c) Recovery of funds

added “(1) In general—Subject to subsection (d), a cooperative agreement for performance of basic, applied, or advanced research authorized by section 717, and a transaction authorized by subsection (a), may include a clause that requires a person or other entity to make payments to the Coast Guard or any other department or agency of the Federal Government as a condition for receiving support under the agreement or transaction, respectively.

added “(2) Availability of funds—The amount of any payment received by the Federal Government pursuant to a requirement imposed under paragraph (1) may be credited, to the extent authorized by the Commandant, to an appropriate appropriations account. Amounts so credited shall be merged with other funds in the account and shall be available for the same purposes and the same period for which other funds in such account are available.

added “(d) Conditions

added “(1) In general—The Commandant shall ensure that—

added “(A) to the extent that the Commandant determines practicable, no cooperative agreement containing a clause described in subsection (c)(1), and no transaction entered into under subsection (a), provides for research that duplicates research being conducted under existing programs carried out by the Coast Guard; and

added “(B) to the extent that the Commandant determines practicable, the funds provided by the Federal Government under a cooperative agreement containing a clause described in subsection (c)(1), or under a transaction authorized by subsection (a), do not exceed the total amount provided by other parties to the cooperative agreement or other transaction, respectively.

added “(2) Other agreements not feasible—A cooperative agreement containing a clause described in subsection (c)(1), or under a transaction authorized by subsection (a), may be used for a research project only if the use of a standard contract, grant, or cooperative agreement for such project is not feasible or appropriate.

added “(e) Education and training—The Commandant shall—

added “(1) ensure that management, technical, and contracting personnel of the Coast Guard involved in the award or administration of transactions under this section or other innovative forms of contracting are afforded opportunities for adequate education and training; and

added “(2) establish minimum levels and requirements for continuous and experiential learning for such personnel, including levels and requirements for acquisition certification programs.

added “(f) Regulations—The Secretary of the department in which the Coast Guard is operating shall prescribe regulations, as necessary, to carry out this section.

added “(g) Protection of certain information from disclosure

added “(1) In general—Disclosure of information described in paragraph (2) is not required, and may not be compelled, under section 552 of title 5 for 5 years after the date on which the information is received by the Coast Guard.

added “(2) Limitation

added “(A) In general—Paragraph (1) applies to information described in subparagraph (B) that is in the records of the Coast Guard only if the information was submitted to the Coast Guard in a competitive or noncompetitive process having the potential for resulting in an award, to the party submitting the information, of a cooperative agreement for performance of basic, applied, or advanced research authorized by section 717 or another transaction authorized by subsection (a).

added “(B) Information described—The information referred to in subparagraph (A) is the following:

added “(i) A proposal, proposal abstract, and supporting documents.

added “(ii) A business plan submitted on a confidential basis.

added “(iii) Technical information submitted on a confidential basis.

added “(h) Annual report—On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations and Commerce, Science, and Transportation of the Senate a report describing each use of the authority provided under this section during the most recently completed fiscal year, including details of each use consisting of—

added “(1) the amount of each transaction;

added “(2) the entities or organizations involved;

added “(3) the product or service received; and

added “(4) the research project for which the product or service was required.”

removed “2780. Pay; continuation during lapse in appropriations

removed “(a) In general—In the case of any period in which there is a Coast Guard-specific funding lapse, there are appropriated such sums as may be necessary—

removed “(1) to provide pay and allowances to military members of the Coast Guard, including the reserve component thereof, who perform active service or inactive-duty training during such period;

removed “(2) to provide pay and benefits to qualified civilian employees of the Coast Guard;

removed “(3) to provide pay and benefits to qualified contract employees of the Coast Guard;

removed “(4) to provide for—

removed “(A) the payment of a death gratuity under sections 1475 through 1477 and 1489 of title 10, with respect to members of the Coast Guard;

removed “(B) the payment or reimbursement of authorized funeral travel and travel related to the dignified transfer of remains and unit memorial services under section 481f of title 37, with respect to members of the Coast Guard; and

removed “(C) the temporary continuation of a basic allowance of housing for dependents of members of the Coast Guard dying on active duty, as authorized by section 403(l) of title 37; and

removed “(5) to provide for Coast Guard retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose, payments under the Retired Serviceman’s Family Protection and Survivor Benefits Plans, payment for career status bonuses, payment of continuation pay under section 356 of title 37, concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10.

removed “(b) Coast Guard-Specific funding lapse—For purposes of this section, a Coast Guard-specific funding lapse occurs in any case in which—

removed “(1) a general appropriation bill providing appropriations for the Coast Guard for a fiscal year is not enacted before the beginning of such fiscal year (and no joint resolution making continuing appropriations for the Coast Guard is in effect); and

removed “(2) a general appropriation bill providing appropriations for the Department of Defense for such fiscal year is enacted before the beginning of such fiscal year (or a joint resolution making continuing appropriations for the Department of Defense is in effect).

removed “(c) Termination—Appropriations and funds made available and authority granted for any fiscal year for any purpose under subsection (a) shall be available until whichever of the following first occurs:

removed “(1) The enactment into law of an appropriation (including a continuing appropriation) for such purpose.

removed “(2) The enactment into law of an appropriation (including a continuing appropriation) for the Coast Guard without provision for such purpose.

removed “(3) The termination of availability of appropriations for the Department of Defense.

removed “(4) The date that is 180 days after the beginning of the Coast Guard-specific funding lapse.

removed “(d) Rate for operations; applicability to appropriation acts—Appropriations made pursuant this section shall be available at a rate for operations and to the extent and in the manner that would be provided by the pertinent appropriations Act.

removed “(e) Charge to future appropriations—Expenditures made pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is enacted into law.

removed “(f) Apportionment—Appropriations and funds made available by or authority granted under this section may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, but nothing in this section may be construed to waive any other provision of law governing the apportionment of funds.

removed “(g) Definitions—In this section:

removed “(1) Qualified civilian employee—The term “qualified civilian employee” means a civilian employee of the Coast Guard whom the Commandant determines is—

removed “(A) providing support to members of the Coast Guard or another Armed Force; or

removed “(B) performing work as an excepted employee or an employee performing emergency work, as those terms are defined by the Office of Personnel Management.

removed “(2) Qualified contract employee of the Coast Guard—The term “qualified contract employee of the Coast Guard” means an individual performing work under a contract whom the Commandant determines is—

removed “(A) providing support to military members or qualified civilian employees of the Coast Guard or another Armed Force; or

removed “(B) required to perform work during a lapse in appropriations.”

changed “720. Research projects; transactions other than contracts and grants“1111. Acquisition workforce authorities

changed “(a) Additional forms of transactions authorized—The Commandant may enter into transactions (other than contracts, cooperative agreements, and grants) in carrying out basic, applied, and advanced research projects. The authority under this subsection is in addition to the authority provided in section 717 to use contracts, cooperative agreements, and grants in carrying out such projects.Expedited hiring authority

changed “(b) Advance payments—The authority under subsection (a) may be exercised without regard to “(1) In general—For the purposes of section 3324 3304 of title 31.5, the Commandant may—

changed “(c) Recovery “(A) designate any category of fundsacquisition positions within the Coast Guard as shortage category positions; and

changed “(1) In general—Subject to subsection (d), a cooperative agreement for performance of basic, applied, or advanced research authorized by “(B) use the authorities in such section 717, and a transaction authorized by subsection (a), may include a clause that requires a person or other entity to make payments recruit and appoint highly qualified persons directly to the Coast Guard or any other department or agency of the Federal Government as a condition for receiving support under the agreement or transaction, respectively.positions so designated.

changed “(2) Availability of funds—The amount of any payment received by the Federal Government pursuant to a requirement imposed under paragraph (1) may be credited, to the extent authorized by the Commandant, to an appropriate appropriations account. Amounts so credited Reports—The Commandant shall be merged with other funds include in the account and shall be available for the same purposes and the same period for which other funds reports under section 1102 information described in such account are available.that section regarding positions designated under this subsection.

changed “(d) Conditions“(b) Reemployment authority

changed “(1) In general—The general—Except as provided in paragraph (2), if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in any category of acquisition positions designated by the Commandant under subsection (a), the annuity of the annuitant so employed shall ensure that—continue. The annuitant so reemployed shall not be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5.

changed “(A) to the extent that the Commandant determines practicable, no cooperative agreement containing a clause described in subsection (c)(1), and no transaction entered into under subsection (a), provides for research that duplicates research being conducted under existing programs carried out by the Coast Guard; and“(2)

changed “(B) to the extent that the Commandant determines practicable, “(A) Election—An annuitant retired under section 8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity from the funds provided Civil Service Retirement and Disability Fund, who becomes employed in any category of acquisition positions designated by the Federal Government under a cooperative agreement containing a clause described in subsection (c)(1), or Commandant under a transaction authorized by subsection (a), do not exceed (a) after date of enactment of the total amount provided by other parties Coast Guard Authorization Act of 2019, may elect to the cooperative agreement be subject to section 8344 or other transaction, respectively.8468 of such title (as the case may be).

changed “(2) Other agreements not feasible—A cooperative agreement containing a clause described in subsection (c)(1), or “(i) Deadline—An election for coverage under a transaction authorized by this subsection (a), may shall be used for a research project only if the use of a standard contract, grant, or cooperative agreement for such project is filed not feasible or appropriate.later than 90 days after the Commandant takes reasonable actions to notify an employee who may file an election.

changed “(e) Education and training—The Commandant shall—“(ii) Coverage—If an employee files an election under this subsection, coverage shall be effective beginning on the first day of the first applicable pay period beginning on or after the date of the filing of the election.

changed “(1) ensure that management, technical, and contracting personnel of the Coast Guard involved in the award or administration of transactions “(B) Application—Paragraph (1) shall apply to an individual who is eligible to file an election under this section or other innovative forms of contracting are afforded opportunities for adequate education such subparagraph and training; anddoes not file a timely election under clause (i).”

removed “(2) establish minimum levels and requirements for continuous and experiential learning for such personnel, including levels and requirements for acquisition certification programs.

removed “(f) Regulations—The Secretary of the department in which the Coast Guard is operating shall prescribe regulations, as necessary, to carry out this section.

removed “(g) Protection of certain information from disclosure

removed “(1) In general—Disclosure of information described in paragraph (2) is not required, and may not be compelled, under section 552 of title 5 for five years after the date on which the information is received by the Coast Guard.

removed “(2) Limitation

removed “(A) In general—Paragraph (1) applies to information described in subparagraph (B) that is in the records of the Coast Guard only if the information was submitted to the Coast Guard in a competitive or noncompetitive process having the potential for resulting in an award, to the party submitting the information, of a cooperative agreement for performance of basic, applied, or advanced research authorized by section 717 or another transaction authorized by subsection (a).

removed “(B) Information described—The information referred to in subparagraph (A) is the following:

removed “(i) A proposal, proposal abstract, and supporting documents.

removed “(ii) A business plan submitted on a confidential basis.

removed “(iii) Technical information submitted on a confidential basis.

removed “(h) Annual report—On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing each use of the authority provided under this section during the most recently completed fiscal year, including details of each use consisting of—

removed “(1) the amount of each transaction;

removed “(2) the entities or organizations involved;

removed “(3) the product or service received; and

removed “(4) the research project for which the product or service was required.”

removed “1111. Acquisition workforce authorities

removed “(a) Expedited hiring authority

removed “(1) In general—For the purposes of section 3304 of title 5, the Commandant may—

removed “(A) designate any category of acquisition positions within the Coast Guard as shortage category positions; and

removed “(B) use the authorities in such section to recruit and appoint highly qualified persons directly to positions so designated.

removed “(2) Reports—The Commandant shall include in reports under section 1102 information described in that section regarding positions designated under this subsection.

removed “(b) Reemployment authority

removed “(1) In general—Except as provided in paragraph (2), if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in any category of acquisition positions designated by the Commandant under subsection (a), the annuity of the annuitant so employed shall continue. The annuitant so reemployed shall not be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5.

removed “(2)

removed “(A) Election—An annuitant retired under section 8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity from the Civil Service Retirement and Disability Fund, who becomes employed in any category of acquisition positions designated by the Commandant under subsection (a) after date of enactment of the Coast Guard Authorization Act of 2019, may elect to be subject to section 8344 or 8468 of such title (as the case may be).

removed “(i) Deadline—An election for coverage under this subsection shall be filed not later than 90 days after the Commandant takes reasonable actions to notify an employee who may file an election.

removed “(ii) Coverage—If an employee files an election under this subsection, coverage shall be effective beginning on the first day of the first applicable pay period beginning on or after the date of the filing of the election.

removed “(B) Application—Paragraph (1) shall apply to an individual who is eligible to file an election under such subparagraph and does not file a timely election under clause (i).”

changed Section 2946 Not later than 1 year after the date of title 14, United States Code, is amended—the enactment of this Act, the Commandant of the Coast Guard shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the following:

removed “(1) Amounts in the Fund shall be available to the Secretary without further appropriation and shall remain available until expended.”

“(C) Testimony—The members of a committee shall be available to testify before appropriate committees of the Congress with respect to the advice, reports, and recommendations submitted under paragraph (2).”

changed “55502. National Maritime Transportation System National Advisory Committee

changed “(a) Establishment—There is established a National Maritime Transportation System National Advisory Committee (in this section referred to as the “Committee”).

“(b) Function—The Committee shall advise the Secretary of Transportation on matters relating to the United States maritime transportation system and its seamless integration with other segments of the transportation system, including the viability of the United States Merchant Marine.

“(c) Membership

changed “(1) In general—The Committee shall consist of 25 27 members appointed by the Secretary of Transportation in accordance with this section and section 15109.

“(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.

“(3) Representation—Members of the Committee shall be appointed as follows:

changed “(A) At least 1 one member shall represent the Environmental Protection Agency.

changed “(B) At least 1 one member shall represent the Department of Commerce.

changed “(C) At least 1 one member shall represent the Army Corps of Engineers.

changed “(D) At least 1 one member shall represent the Coast Guard.

changed “(E) At least 1 one member shall represent Customs and Border Protection.

changed “(F) At least 1 one member shall represent State and local governmental entities.

“(G) Additional members shall represent private sector entities that reflect a cross-section of maritime industries, including port and water stakeholders, academia, and labor.

“(H) The Secretary may appoint additional representatives from other Federal agencies as the Secretary considers appropriate.

“(4) Administration—For purposes of section 15109—

“(A) the Committee shall be treated as a committee established under chapter 151; and

“(B) the Secretary of Transportation shall fulfill all duties and responsibilities and have all authorities of the Secretary of Homeland Security with regard to the Committee.”

“9307. Great Lakes Pilotage Advisory Committee

“(a) Establishment—There is established a Great Lakes Pilotage Advisory Committee (in this section referred to as the “Committee”).

“(b) Function—The Committee—

changed “(1) may review proposed Great Lakes pilotage regulations and policies and make recommendations to the Secretary that the Committee considers appropriate; andappropriate;

changed “(2) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to Great Lakes pilotage.pilotage; and

added “(3) may only make recommendations to the Secretary under paragraph (2) if such recommendations have been approved by all but one of the members then serving on such Committee.

“(c) Membership

added “(1) In general—The Committee shall consist of seven members appointed by the Secretary in accordance with this section and section 15109.

removed “(1) In general—The Committee shall consist of 7 members appointed by the Secretary in accordance with this section and section 15109.

“(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.

“(3) Representation—Members of the Committee shall be appointed as follows:

removed “(A) The President of each of the 3 Great Lakes pilotage districts, or the President’s representative.

changed “(B) At least 1 member shall represent the interests “(A) The President of vessel operators that contract for each of the three Great Lakes pilotage services.districts, or the President’s representative.

changed “(C) “(B) At least 1 one member shall represent the interests of vessel operators that contract for Great Lakes ports.pilotage services.

changed “(D) “(C) At least 1 one member shall represent the interests of shippers whose cargoes are transported through Great Lakes ports.

changed “(E) “(D) At least 1 one member shall have a background in finance or accounting and must have been recommended to the Secretary by a unanimous vote of represent the other members interests of the Committee.shippers whose cargoes are transported through Great Lakes ports.

added “(E) At least one member shall have a background in finance or accounting and must have been recommended to the Secretary by a unanimous vote of the other members of the Committee.

“(4) Administration—For purposes of section 15109, the Committee shall be treated as a committee established under chapter 151.”

added “(d) Definition—For the purposes of this section, the term “emergency response providers” has the meaning given that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).”

removed “(5) shall, unless otherwise authorized by the Secretary, and notwithstanding any other provision of this chapter, require—

removed “(A) a 2-nautical-mile buffer between the parallel outer or seaward boundary of a traffic lane and any offshore structure affixed to the submerged land of the Outer Continental Shelf; and

removed “(B) a 5-nautical-mile buffer between the entry or exit of any traffic separation scheme and any offshore structure.”

added “70014. Aiming a laser pointer at a vessel

added “(a) Prohibition—It shall be unlawful to cause the beam of a laser pointer to strike a vessel operating on the navigable waters of the United States.

added “(b) Exceptions—This section shall not apply to a member or element of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training.

added “(c) Laser pointer defined—In this section the term “laser pointer” means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.”

removed “(d) Definition—For the purposes of this section, the term “emergency response providers” has the meaning given that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).”

added Section 55501(e) of title 46, United States Code, is amended—

removed “70014. Aiming a laser pointer at a vessel

removed “(a) Prohibition—It shall be unlawful to cause the beam of a laser pointer to strike a vessel operating on the navigable waters of the United States.

removed “(b) Exceptions—This section shall not apply to a member or element of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training.

removed “(c) Laser pointer defined—In this section the term “laser pointer” means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.”

added “(6) a compendium of the Federal programs engaged in the maritime transportation system.”

added “70006. Safety of special activities

added “(a) In general—The Secretary may establish a safety zone to address special activities in the exclusive economic zone.

added “(b) Definitions—In this section:

added “(1) The term “safety zone” has the meaning provided in section 165.20 of title 33, Code of Federal Regulations.

added “(2) The term “special activities” includes—

added “(A) space activities, including launch and reentry, as those terms are defined in section 50902 of title 51, carried out by United States citizens; and

added “(B) offshore energy development activities, as described in section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)), on or near a fixed platform.

added “(3) The term “United States citizen” has the meaning given the term “eligible owners” in section 12103.

added “(4) The term “fixed platform” means an artificial island, installation, or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes.”

removed Section 55501(e) of title 46, United States Code, is amended—

removed “(6) a compendium of the Federal programs engaged in the maritime transportation system.”

added “(b) Use requirement

added “(1) In general—An individual operating a covered recreational vessel shall use an engine cut-off switch link while operating on plane or above displacement speed.

added “(2) Exceptions—The requirement under paragraph (1) shall not apply if—

added “(A) the main helm of the covered vessel is installed within an enclosed cabin; or

added “(B) the vessel does not have an engine cut-off switch and is not required to have one under subsection (a).”

removed “70006. Safety of special activities

removed “(a) In general—The Secretary may establish a safety zone to address special activities in the exclusive economic zone.

removed “(b) Definitions—In this section:

removed “(1) The term “safety zone” has the meaning provided in section 165.20 of title 33, Code of Federal Regulations.

removed “(2) The term “special activities” includes—

removed “(A) space activities, including launch and reentry, as those terms are defined in section 50902 of title 51, carried out by United States citizens; and

removed “(B) offshore energy development activities, as described in section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)), on or near a fixed platform.

removed “(3) The term “United States citizen” has the meaning given the term “eligible owners” in section 12103.

removed “(4) The term “fixed platform” means an artificial island, installation, or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes.”

added “(c) A person violating section 4312(b) of this title is liable to the United States Government for a civil penalty of not more than—

added “(1) $100 for the first offense;

added “(2) $250 for the second offense; and

added “(3) $500 for any subsequent offense.”

added “4305. Exemptions and equivalents”

changed “(b) Use requirement“(a) Exemptions—If the Secretary”

added “(b) Equivalents—The Secretary may accept a substitution for associated equipment performance or other safety standards for a recreational vessel if the substitution provides an equivalent level of safety.”

removed “(1) In general—An individual operating a covered recreational vessel shall use an engine cut-off switch link while operating on plane or above displacement speed.

removed “(2) Exceptions—The requirement under paragraph (1) shall not apply if—

removed “(A) the main helm of the covered vessel is installed within an enclosed cabin; or

removed “(B) the vessel does not have an engine cut-off switch and is not required to have one under subsection (a).”

removed “(c) A person violating section 4312(b) of this title is liable to the United States Government for a civil penalty of not more than—

removed “(1) $100 for the first offense;

removed “(2) $250 for the second offense; and

removed “(3) $500 for any subsequent offense.”

added Section 70103 of title 46, United States Code, is amended—

removed “4305. Exemptions and equivalents”

removed “(a) Exemptions—If the Secretary”

removed “(b) Equivalents—The Secretary may accept a substitution for associated equipment performance or other safety standards for a recreational vessel if the substitution provides an equivalent level of safety.”

added “(3) The Secretary shall review and approve Area Maritime Transportation Security Plans and updates under this subsection.”

changed Section 11113 501(a) of title 46, United States Code, is amended—

added “(1) In general—On request”

added “(2) Explanation—Not later than 24 hours after making a request under paragraph (1), the Secretary of Defense shall submit to the Committees on Transportation and Infrastructure and Armed Services of the House of Representatives and the Committees on Commerce, Science, and Transportation and Armed Services of the Senate a written explanation of the circumstances requiring such a waiver in the interest of national defense, including a confirmation that there are insufficient qualified vessels to meet the needs of national defense without such a waiver.”

changed Section 80301(c) 54101(d) of title 46, United States Code, is amended by striking “operating expenses of the Coast Guard.” and inserting “operations and support of the Coast Guard and shall remain available until expended.”.amended—

added “(1) In general—Grants awarded”

added “(2) Buy America

added “(A) In general—Subject to subparagraph (B), no funds may be obligated by the Administrator of the Maritime Administration under this section, unless each product and material purchased with those funds (including products and materials purchased by a grantee), and including any commercially available off-the-shelf item, is—

added “(i) an unmanufactured article, material, or supply that has been mined or produced in the United States; or

added “(ii) a manufactured article, material, or supply that has been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.

added “(B) Exceptions

added “(i) In general—Notwithstanding subparagraph (A), the requirements of that subparagraph shall not apply with respect to a particular product or material if such Administrator determines—

added “(I) that the application of those requirements would be inconsistent with the public interest;

added “(II) that such product or material is not available in the United States in sufficient and reasonably available quantities, of a satisfactory quality, or on a timely basis; or

added “(III) that inclusion of a domestic product or material will increase the cost of that product or material by more than 25 percent, with respect to a certain contract between a grantee and that grantee's supplier.

added “(ii) Federal Register—A determination made by such Administrator under this subparagraph shall be published in the Federal Register.

added “(C) Definitions—In this paragraph:

added “(i) Commercially available off-the-shelf item—The term “commercially available off-the-shelf item” means—

added “(I) any item of supply (including construction material) that is—

added “(aa) a commercial item, as defined by section 2.101 of title 48, Code of Federal Regulations; and

added “(bb) sold in substantial quantities in the commercial marketplace; and

added “(II) does not include bulk cargo, as that term is defined in section 40102(4) of this title, such as agricultural products and petroleum products.

added “(ii) Product or Material—The term “product or material” means an article, material, or supply brought to the site by the recipient for incorporation into the building, work, or project. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

added “(iii) United States—The term “United States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.”

removed Section 70103 of title 46, United States Code, is amended—

changed Section 501(a) 54102 of title 46, United States Code, is amended—

removed “(1) In general—On request”

changed “(2) Explanation—Not later than 24 hours after making a request under paragraph (1), the “(d) State Maritime Academy—The Secretary of Defense shall submit to the Committees on Transportation and Infrastructure and Armed Services of the House of Representatives and the Committees on Commerce, Science, and Transportation and Armed Services of the Senate a written explanation of the circumstances requiring such a waiver shall designate each State maritime academy, as defined in the interest section 51102(4) of national defense, including this title, as a confirmation that there are insufficient qualified vessels to meet the needs center of national defense without such a waiver.”excellence under this section.”

changed Section 54101(d) 7507 of title 46, United States Code, is amended—amended by adding at the end the following:

added “(d) Renewal—With respect to any renewal of an existing merchant mariner credential that is not an extension under subsection (a) or (b), such credential shall begin the day after the expiration of the credential holder’s existing credential.”

removed “(1) In general—Grants awarded”

removed “(2) Buy America

removed “(A) In general—Subject to subparagraph (B), no funds may be obligated by the Administrator of the Maritime Administration under this section, unless each product and material purchased with those funds (including products and materials purchased by a grantee), and including any commercially available off-the-shelf item, is—

removed “(i) an unmanufactured article, material, or supply that has been mined or produced in the United States; or

removed “(ii) a manufactured article, material, or supply that has been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.

removed “(B) Exceptions

removed “(i) In general—Notwithstanding subparagraph (A), the requirements of that subparagraph shall not apply with respect to a particular product or material if such Administrator determines—

removed “(I) that the application of those requirements would be inconsistent with the public interest;

removed “(II) that such product or material is not available in the United States in sufficient and reasonably available quantities, of a satisfactory quality, or on a timely basis; or

removed “(III) that inclusion of a domestic product or material will increase the cost of that product or material by more than 25 percent, with respect to a certain contract between a grantee and that grantee's supplier.

removed “(ii) Federal Register—A determination made by such Administrator under this subparagraph shall be published in the Federal Register.

removed “(C) Definitions—In this paragraph:

removed “(i) Commercially available off-the-shelf item—The term “commercially available off-the-shelf item” means—

removed “(I) any item of supply (including construction material) that is—

removed “(aa) a commercial item, as defined by section 2.101 of title 48, Code of Federal Regulations; and

removed “(bb) sold in substantial quantities in the commercial marketplace; and

removed “(II) does not include bulk cargo, as that term is defined in section 40102(4) of this title, such as agricultural products and petroleum products.

removed “(ii) Product or Material—The term “product or material” means an article, material, or supply brought to the site by the recipient for incorporation into the building, work, or project. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

removed “(iii) United States—The term “United States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.”

changed Not later than one 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit a report to the Committees on Transportation and Infrastructure and Armed Services of the House of Representatives, and the Committees on Commerce, Science and Transportation and Armed Services of the Senate on—

“12108. Authority to extend the duration of vessel certificates

changed “(a) Certificates—Provided a vessel is in compliance with inspection requirements in section 3313, the Secretary of the Department in which in the Coast Guard is operating may, if he makes the determination described in subsection (b), extend for a period of not more than one 1 year an expiring–—expiring—

“(1) certificate of documentation issued for a vessel under chapter 121; or

“(2) certificate of financial responsibility required for a vessel by section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(a)) or Section 108 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9608).

“(b) Determination—The determination referred to in subsection (a) is a determination that such extension is required to enable the Coast Guard to—

“(1) eliminate a backlog in processing applications for such certificates; or

“(2) act in response to a national emergency or natural disaster.

“(c) Manner of extension—Any extension granted under this section may be granted to individual vessels or to a specifically identified group of vessels.”

“45 Uninspected Commercial Industry Vessels

“4501. Application

“(a) In general—Except as provided in subsection (b), this chapter applies to an uninspected vessel that is a fishing vessel, fish processing vessel, or fish tender vessel.

“(b) Carriage of bulk dangerous cargoes—This chapter does not apply to the carriage of bulk dangerous cargoes regulated under chapter 37.

“4502. Definitions

“In this chapter:

“(1) The term “accountable vessel” means a vessel to which this chapter applies that—

“(A)

“(i) was built after December 31, 1988, or undergoes a major conversion completed after that date; and

“(ii) operates with more than 16 individuals on board; or

“(B) in the case of a fish tender vessel, engages in the Aleutian trade.

“(2) The term “auxiliary craft” means a vessel that is carried onboard a fishing vessel and is normally used to support fishing operations.

“(3)

“(A) The term “built” means, with respect to a vessel, that the vessel’s construction has reached any of the following stages:

“(i) The vessel’s keel is laid.

“(ii) Construction identifiable with the vessel has begun and assembly of that vessel has commenced comprising of at least 50 metric tons or one percent of the estimated mass of all structural material, whichever is less.

“(B) In the case of a vessel greater than 79 feet in overall length, for purposes of subparagraph (A)(i), a keel is deemed to be laid when a marine surveyor affirms that a structure adequate for serving as a keel for such vessel is in place and identified for use in the construction of such vessel.

“(4) The term “subject vessel” means a vessel to which this chapter applies that—

“(A) operates beyond 3 nautical miles from the baseline from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes;

“(B) operates with more than 16 individuals on board; or

“(C) in the case of a fish tender vessel, engages in the Aleutian trade.

“(5) The term “substitute-eligible vessel” means a fishing vessel or fish tender vessel that is—

“(A) a subject vessel;

“(B) at least 50 feet overall in length, and not more than 180 feet overall in length as listed on the vessel’s certificate of documentation or certificate of number; and

“(C) built after February 8, 2016.

“4503. Safety standards

“(a) In general—The Secretary shall prescribe regulations that require that each vessel to which this chapter applies shall be equipped with—

“(1) readily accessible fire extinguishers capable of promptly and effectively extinguishing a flammable or combustible liquid fuel fire;

“(2) at least one readily accessible life preserver or other lifesaving device for each individual on board;

“(3) an efficient flame arrestor, backfire trap, or other similar device on the carburetors of each inboard engine that uses gasoline as fuel;

“(4) the means to properly and efficiently ventilate enclosed spaces, including engine and fuel tank compartments, so as to remove explosive or flammable gases;

“(5) visual distress signals;

“(6) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment; and

“(7) a placard as required by regulations prescribed under section 10603(b).

“(b) Subject vessels—In addition to the requirements of subsection (a), the Secretary shall prescribe regulations requiring that subject vessels install, maintain, and use the following equipment:

“(1) Alerting and locating equipment, including emergency position indicating radio beacons.

“(2)

“(A) Subject to subparagraph (B), a survival craft that—

“(i) ensures that no part of an individual is immersed in water; and

“(ii) is sufficient to accommodate all individuals on board.

“(B) Except for a nonapplicable vessel, an auxiliary craft shall satisfy the equipment requirement under paragraph (2)(B) if such craft is—

“(i) necessary for normal fishing operations;

“(ii) readily accessible during an emergency; and

“(iii) capable, in accordance with the Coast Guard capacity rating, when applicable, of safely holding all individuals on board the vessel to which the craft functions as an auxiliary.

“(3) At least one readily accessible immersion suit for each individual on board the vessel when operating on the waters described in section 3102.

“(4) Marine radio communications equipment sufficient to effectively communicate with a land-based search and rescue facility.

“(5) Navigation equipment, including compasses, nautical charts, and publications.

“(6) First aid equipment and medical supplies sufficient for the size and area of operation of the vessel.

“(7) Ground tackle sufficient for the vessel.

“(c) Accountable vessels—In addition to the requirements described in subsections (a) and (b), the Secretary may prescribe regulations establishing minimum safety standards for accountable vessels, including standards relating to—

“(1) navigation equipment, including radars and fathometers;

“(2) lifesaving equipment, immersion suits, signaling devices, bilge pumps, bilge alarms, life rails, and grab rails;

“(3) fire protection and firefighting equipment, including fire alarms and portable and semiportable fire extinguishing equipment;

“(4) use and installation of insulation material;

“(5) storage methods for flammable or combustible material; and

“(6) fuel, ventilation, and electrical systems.

“4504. Vessel construction

“A vessel to which this chapter applies shall be constructed in a manner that provides a level of safety equivalent to the minimum safety standards the Secretary may establish for recreational vessels under section 4302, if the vessel is—

“(1) a subject vessel;

“(2) less than 50 feet overall in length; and

“(3) built after January 1, 2010.

“4505. Operating stability

“(a) Regulations—The Secretary shall prescribe regulations for the operating stability of a vessel to which this chapter applies—

“(1) that was built after December 31, 1989; or

“(2) the physical characteristics of which are substantially altered after December 31, 1989, in a manner that affects the vessel’s operating stability.

“(b) Evidence of compliance—The Secretary may accept, as evidence of compliance with this section, a certification of compliance issued by the person providing insurance for the vessel or by another qualified person approved by the Secretary.

“4506. Training

“(a) In general—The individual in charge of a subject vessel must pass a training program approved by the Secretary that meets the requirements of subsection (b) and hold a valid certificate issued under that program.

“(b) Training program requirements—The training program shall—

“(1) be based on professional knowledge and skill obtained through sea service and hands-on training, including training in seamanship, stability, collision prevention, navigation, firefighting and prevention, damage control, personal survival, emergency medical care, emergency drills, and weather;

“(2) require an individual to demonstrate ability to communicate in an emergency situation and understand information found in navigation publications;

“(3) recognize and give credit for recent past experience in fishing vessel operation; and

“(4) provide for issuance of a certificate to an individual who has successfully completed the program.

“(c) Regulations—The Secretary shall prescribe regulations implementing this section. The regulations shall require that an individual who is issued a certificate under subsection (b)(4) must complete refresher training at least once every 5 years as a condition of maintaining the validity of the certificate.

“(d) Electronic database—The Secretary shall establish an electronic database listing the names of individuals who have participated in and received a certificate confirming successful completion of a training program approved by the Secretary under this section.

“4507. Vessel certification

“(a) In general—A vessel to which this section applies may not be operated unless the vessel—

“(1) meets all survey and classification requirements prescribed by the American Bureau of Shipping or another similarly qualified organization approved by the Secretary; and

“(2) has on board a certificate issued by the American Bureau of Shipping or such other organization evidencing compliance with this subsection.

“(b) Application

“(1) Except as provided in section 4509, this section applies to a fish processing vessel to which this chapter applies that—

“(A) is built after July 27, 1990; or

“(B) undergoes a major conversion completed after that date.

“(2)

“(A) Except as provided in subparagraph (B), this section applies to a subject vessel that is at least 50 feet overall in length and is built after July 1, 2013.

“(B) This section does not apply to a substitute-eligible vessel if such vessel complies with—

“(i) the substitute safety compliance program established under section 4509; or

“(ii) the enhanced substitute safety compliance program established by the Secretary under section 4510.

“4508. Alternate safety compliance program

“(a) In general

“(1) The Secretary shall establish an alternate safety compliance program developed in coordination with the commercial fishing industry.

“(2) The program established under paragraph (1) may include requirements for—

“(A) a specific region or fishery (or both); and

“(B) any combination of regions or fisheries (or both).

“(b) Vessels required To comply—Beginning on the date that is 3 years after the date the Secretary prescribes an alternate safety compliance program, the following vessels shall comply with such program:

“(1) A subject vessel that is—

“(A) at least 50 feet overall in length;

“(B) built before July 1, 2013; and

“(C) 25 years of age or older.

“(2) A fishing vessel, fish processing vessel, or fish tender vessel built before July 1, 2013, that undergoes a major conversion completed after the date the Secretary prescribes an alternate safety compliance program.

“(c) Exempt vessels

“(1) Notwithstanding subsection (b), vessels owned by a person that owns more than 30 vessels subject to that subsection are not required to comply with alternate safety compliance program requirements until January 1, 2030, if that owner—

“(A) enters into a compliance agreement with the Secretary that provides for a fixed schedule for all such vessels owned by that person to meet requirements of such paragraph by such date; and

“(B) is meeting such schedule.

“(2) A subject vessel that was classed before July 1, 2012, is exempt from the requirements of this section if such vessel—

“(A) remains subject to the requirements of a classification society approved by the Secretary; and

“(B) has on board a certificate from that society.

“4509. Substitute safety compliance program

“(a) In general—The Secretary shall establish a substitute safety compliance program for substitute-eligible vessels that includes the following requirements:

“(1) A substitute-eligible vessel shall be designed by an individual licensed by a State as a naval architect or marine engineer, and the design shall incorporate standards equivalent to those prescribed by a classification society to which the Secretary has delegated authority under section 3316 or another qualified organization approved by the Secretary for purposes of this paragraph.

“(2) Construction of a substitute-eligible vessel shall be overseen and certified as being in accordance with its design by a marine surveyor of an organization accepted by the Secretary.

“(3) A substitute-eligible vessel shall—

“(A) complete a stability test performed by a qualified individual;

“(B) have written stability and loading instructions from a qualified individual that are provided to the owner or operator; and

“(C) have an assigned loading mark.

“(4) A substitute-eligible vessel shall not be substantially altered without the review and approval of an individual licensed by a State as a naval architect or marine engineer before the beginning of such substantial alteration.

“(5) A substitute-eligible vessel shall undergo a condition survey at least twice in 5 years, with not more than 3 years between surveys, to the satisfaction of a marine surveyor of an organization accepted by the Secretary.

“(6) A substitute-eligible vessel shall undergo an out-of-water survey at least once every 5 years to the satisfaction of a certified marine surveyor of an organization accepted by the Secretary.

“(7) Once every 5 years, and at the time of a substantial alteration to a substitute-eligible vessel, compliance of the vessel with the requirements of paragraph (3) is reviewed and updated as necessary.

“(8) For the life of a substitute-eligible vessel, the owner of the vessel shall maintain records to demonstrate compliance with this subsection and make such records readily available for inspection by an official authorized to enforce this chapter.

“(b) Compliance—Section 4507 of this title shall not apply to a substitute-eligible vessel that complies with the requirements of the program established under this section.

“(c) Report—Not later than February 8, 2026, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that provides an analysis of the adequacy of the substitute safety compliance program requirements established under subsection (a) in maintaining the safety of substitute-eligible fishing vessels and fish tender vessels and that comply with such requirements.

“4510. Enhanced substitute safety compliance program

“(a) In general—If the report required under section 4509(c) includes a determination that the substitute safety compliance program established under section 4509(a) is not adequate or that additional safety measures are necessary, then the Secretary may establish an enhanced substitute safety compliance program for fishing vessels or fish tender vessels (or both) that are substitute-eligible vessels and that comply with the requirements of section 4509.

“(b) Requirements—The enhanced substitute safety compliance program established under this subsection shall include requirements for—

“(1) vessel construction;

“(2) a vessel stability test;

“(3) vessel stability and loading instructions;

“(4) an assigned vessel loading mark;

“(5) a vessel condition survey at least twice in 5 years, not more than 3 years apart;

“(6) an out-of-water vessel survey at least once every 5 years;

“(7) maintenance of records to demonstrate compliance with the program, and the availability of such records for inspection; and

“(8) such other aspects of vessel safety as the Secretary considers appropriate.

“(c) Compliance—Section 4507 shall not apply to a substitute-eligible vessel that complies with the requirements of the program established under this section.

“4511. Prohibited acts

“A person may not operate a vessel in violation of this chapter or a regulation prescribed under this chapter.

“4512. Termination of unsafe operations

“An official authorized to enforce this chapter—

“(1) may direct the individual in charge of a vessel to which this chapter applies to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the official observes the vessel being operated in an unsafe condition that the official believes creates an especially hazardous condition, including ordering the individual in charge to return the vessel to a mooring and to remain there until the situation creating the hazard is corrected or ended; and

“(2) may order the individual in charge of an uninspected fish processing vessel that does not have on board the certificate required under section 4507 to return the vessel to a mooring and to remain there until the vessel is in compliance with such section, unless the vessel is required to comply with section 4508.

“4513. Penalties

“(a) Civil penalty—The owner, charterer, managing operator, agent, master, and individual in charge of a vessel to which this chapter applies that is operated in violation of this chapter or a regulation prescribed under this chapter may each be assessed a civil penalty by the Secretary of not more than $10,260. Any vessel with respect to which a penalty is assessed under this subsection is liable in rem for the penalty.

changed “(b) Criminal penalties—An individual willfully violating this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one 1 year, or both.

“4514. Compliance; Secretary actions

“To ensure compliance with the requirements of this chapter, the Secretary—

“(1) shall require the individual in charge of a subject vessel to keep a record of equipment maintenance and required instruction and drills;

“(2) shall examine at dockside a subject vessel at least once every 5 years, but may require an exam at dockside every 2 years for certain subject vessels if requested by the owner or operator; and

“(3) shall issue a certificate of compliance to a vessel meeting the requirements of this chapter and satisfying the requirements of paragraph (2).

“4515. Exemptions

“The Secretary may exempt a vessel from any part of this chapter if, under regulations prescribed by the Secretary (including regulations on special operating conditions), the Secretary finds that—

“(1) good cause exists for granting an exemption; and

“(2) the safety of the vessel and those on board will not be adversely affected.

“4516. Regulations; considerations and limitations

“In prescribing a regulation under this chapter, the Secretary—

“(1) shall consider the specialized nature and economics of the operations and the character, design, and construction of the vessel; and

“(2) may not require the alteration of a vessel or associated equipment that was constructed or manufactured before the effective date of such regulation.

“4517. Fishing safety grants

“(a) Safety training grants

“(1) Establishment—The Secretary of Health and Human Services shall establish a Fishing Safety Training Grant Program to provide funding to municipalities, port authorities, other appropriate public entities, not-for-profit organizations, and other qualified persons that provide commercial fishing safety training.

“(2) Use of funds—Entities receiving funds under this section may use such funds—

“(A) to conduct fishing vessel safety training for vessel operators and crewmembers that—

“(i) in the case of vessel operators, meets the requirements of section 4506; and

“(ii) in the case of crewmembers, meets the requirements of sections 4506(b)(1), 4506(b)(4), 4506(c), and 4506(d), and such requirements of section 4506(b)(2) as are appropriate for crewmembers; and

“(B) for purchase of safety equipment and training aids for use in such fishing vessel safety training programs.

“(3) Award criteria—The Secretary of Health and Human Services, in consultation with and based on criteria established by the Commandant of the Coast Guard, shall award grants under this subsection on a competitive basis.

“(4) Limitation on Federal share of cost—The Federal share of the cost of any activity carried out with a grant under this subsection shall not exceed 50 percent.

“(5) Authorization of appropriations—There is authorized to be appropriated $3,000,000 for each of fiscal years 2020 and 2021 for grants under this subsection.

“(b) Research grant program

“(1) Establishment—The Secretary of Health and Human Services shall establish a Fishing Safety Research Grant Program to provide funding to individuals in academia, not-for-profit organizations, businesses involved in fishing and maritime matters, and other persons with expertise in fishing safety, to conduct research on methods of improving the safety of the commercial fishing industry, including vessel design, emergency and survival equipment, enhancement of vessel monitoring systems, communications devices, de-icing technology, and severe weather detection.

“(2) Award criteria—The Secretary of Health and Human Services, in consultation with and based on criteria established by the Commandant of the Coast Guard, shall award grants under this subsection on a competitive basis.

“(3) Limitation on Federal share of cost—The Federal share of the cost of any activity carried out with a grant under this subsection shall not exceed 50 percent.

“(4) Authorization of appropriations—There is authorized to be appropriated $3,000,000 for each fiscal year 2020 and 2021 for activities under this subsection.”

“1110. Elevation of Disputes to the Chief Acquisition Officer

“If, after 90 days following the elevation to the Chief Acquisition Officer of any design or other dispute regarding level 1 or level 2 acquisition, the dispute remains unresolved, the Commandant shall provide to the appropriate congressional committees a detailed description of the issue and the rationale underlying the decision taken by the Chief Acquisition Officer to resolve the issue.”

“5111. Sexual assault and sexual harassment in the Coast Guard”

“(5)

“(A) The number of instances in which a covered individual was accused of misconduct or crimes considered collateral to the investigation of a sexual assault committed against the individual.

“(B) The number of instances in which adverse action was taken against a covered individual who was accused of collateral misconduct or crimes as described in subparagraph (A).

“(C) The percentage of investigations of sexual assaults that involved an accusation or adverse action against a covered individual as described in subparagraphs (A) and (B).

“(D) In this paragraph, the term “covered individual” means an individual who is identified as a victim of a sexual assault in the case files of a military criminal investigative organization.”

“(b) Transparency

“(1) In general—In conjunction with the transmittal by the President to the Congress of the Budget of the United States for fiscal year 2021 and biennially there-after, the Federal Maritime Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives reports that describe the Commission’s progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding if subject to a statutory or regulatory deadline.

“(2) Format of reports—Each report under paragraph (1) shall, among other things, clearly identify for each unfinished regulatory proceeding—

“(A) the popular title;

“(B) the current stage of the proceeding;

“(C) an abstract of the proceeding;

“(D) what prompted the action in question;

“(E) any applicable statutory, regulatory, or judicial deadline;

“(F) the associated docket number;

“(G) the date the rulemaking was initiated;

“(H) a date for the next action; and

“(I) if a date for the next action identified in the previous report is not met, the reason for the delay.”

“(e) Discharge of agricultural cargo residue—Notwithstanding any other provision of law, the discharge from a vessel of any agricultural cargo residue material in the form of hold washings shall be governed exclusively by the provisions of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) that implement Annex V to the International Convention for the Prevention of Pollution from Ships.”

“(j) LNG Tankers

changed “(1) Program—The Secretary of Transportation shall develop and implement a program to promote the transportation of liquefied natural gas to and from the United States on United States flag vessels.

“(2) Information to be provided—When the Coast Guard is operating as a contributing agency in the Federal Energy Regulatory Commission’s shoreside licensing process for a liquefied natural gas or liquefied petroleum gas terminal located on shore or within State seaward boundaries, the Coast Guard shall provide to the Commission the information described in section 5(c)(2)(K) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)(K)) with respect to vessels reasonably anticipated to be servicing that port.”

“2131. College student pre-commissioning initiative

“(a) In general—There is authorized within the Coast Guard the College Student Pre-Commissioning Initiative program (in this section referred to as the ‘program’) for eligible undergraduate students to enlist and receive a guaranteed commission as an officer in the Coast Guard.

“(b) Criteria for selection—To be eligible for the program a student must meet the following requirements upon submitting an application:

“(1) Age—A student must be not less than 19 years old and not more than 27 years old as of September 30 of the fiscal year in which the program selection panel selecting such student convenes.

“(2) Character

“(A) All applicants—All applicants must be of outstanding moral character and meet other character requirements as set forth by the Commandant.

“(B) Coast Guard Applicants—An applicant serving in the Coast Guard may not be commissioned if in the 36 months prior to the first Officer Candidate School class convening date in the selection cycle, such applicant was convicted by a court-martial or awarded non-judicial punishment, or did not meet performance or character requirements set forth by the Commandant.

“(3) Citizenship—A student must be a United States citizen.

“(4) Clearance—A student must be eligible for a secret clearance.

“(5) Dependency

changed “(A) A student may not have more than 2 two dependents; and

“(B) A student who is single may not have sole or primary custody of dependents.

“(6) Education

“(A) Institution—A student must be an undergraduate sophomore or junior—

“(i) at a historically Black college or university described in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)) or an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); or

“(ii) who is active in minority-serving organizations and pursuing a degree in science, technology, engineering, or mathematics at an institution of higher education described in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) that is not a historically Black college or university or institution of higher education referred to in clause (i) of this subparagraph.

“(B) Location—The institution at which such student is an undergraduate must be within 100 miles of a Coast guard unit or Coast Guard Recruiting Office unless otherwise approved by the Commandant.

“(C) Records—A student must meet credit and grade point average requirements set forth by the Commandant.

“(7) Medical and administrative—A student must meet other medical and administrative requirements as set forth by the Commandant.

changed “(c) Enlistment and obligation—Individuals selected and accept to participate in the program shall enlist in the Coast Guard in pay grade E–3 with a four year 4-year duty obligation and four year 4-year inactive Reserve obligation.

“(d) Military activities prior to Officer Candidate School—Individuals enrolled in the program shall participate in military activities each month, as required by the Commandant, prior to attending Officer Candidate School.

“(e) Participation in Officer Candidate School—Each graduate of the program shall attend the first enrollment of Officer Candidate School that commences after the date of such graduate’s graduation.

changed “(f) Commissioning—Upon graduation from Officer Candidate School, program graduates shall be discharged from enlisted status and commissioned as an O–1 with an initial three-year 3-year duty obligation.

“(g) Briefing

“(1) In general—Not later than August 15 of each year, the Commandant shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the College Student Pre-Commissioning Initiative.

“(2) Contents—The briefing required under paragraph (1) shall describe—

“(A) outreach and recruitment efforts over the previous year; and

“(B) demographic information of enrollees including—

“(i) race;

“(ii) ethnicity;

“(iii) gender;

“(iv) geographic origin; and

“(v) educational institution.”