H.R. 3409 — what changed

Section 4902 of title 14, United States Code, is amended—

“(i) $8,122,912,000 for fiscal year 2020; and

“(ii) $8,538,324,000 for fiscal year 2021.”

“(C) Of the amount authorized under subparagraph (A)(ii) $17,376,000 shall be for environmental compliance and restoration.”

“(i) $2,748,640,000 for fiscal year 2020; and

“(ii) $2,803,613,000 for fiscal year 2021.”

“(B) Of the amounts authorized under subparagraph (A), the following amounts shall be for the alteration of bridges:

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

“(ii) $20,000,000 for fiscal year 2021.”

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

“(B) $14,111,000 for fiscal year 2021.”

“(4) For the Coast Guard’s Medicare-eligible retiree health care fund contribution to the Department of Defense—

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

“(B) $209,209,000 for fiscal year 2021.”

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

“(a) In general—An officer in the grade of lieutenant (junior grade), lieutenant, lieutenant commander, or commander, who is described in subsection (b) may be temporarily promoted to the grade of lieutenant, lieutenant commander, commander, or captain under regulations prescribed by the Secretary. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate.

“(b) Covered officers—An officer described in this subsection is any officer in a grade specified in subsection (a) who—

“(1) has a skill in which the Coast Guard has a critical shortage of personnel (as determined by the Secretary); and

“(2) is serving in a position (as determined by the Secretary) that—

“(A) is designated to be held by a lieutenant, lieutenant commander, commander, or captain; and

“(B) requires that an officer serving in such position have the skill possessed by such officer.

“(c) Preservation of position and status of officers appointed

“(1) The temporary positions authorized under this section shall not be counted among or included in the list of positions on the active duty promotion list.

“(2) An appointment under this section does not change the position on the active-duty list or the permanent, probationary, or acting status of the officer so appointed, prejudice the officer in regard to other promotions or appointments, or abridge the rights or benefits of the officer.

“(d) Board recommendation required—A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary for the purpose of recommending officers for such promotions.

“(e) Acceptance and effective date of appointment—Each appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such appointment is made, and a member so appointed is entitled to the pay and allowances of the grade of the temporary promotion under this section beginning on the date the appointment is made.

“(f) Termination of appointment—Unless sooner terminated, an appointment under this section terminates—

“(1) on the date the officer who received the appointment is promoted to the permanent grade of lieutenant, lieutenant commander, commander, or captain;

“(2) on the date the officer is detached from a position described in subsection (b)(2), unless the officer is on a promotion list to the permanent grade of lieutenant, lieutenant commander, commander, or captain, in which case the appointment terminates on the date the officer is promoted to that grade; or

“(3) when the appointment officer determines that the officer who received the appointment has engaged in misconduct or has displayed substandard performance.

“(g) Limitation on number of eligible positions—An appointment under this section may only be made for service in a position designated by the Secretary for the purposes of this section. The number of positions so designated may not exceed the following percentages of the respective grades:

“(1) As lieutenant, 0.5 percent.

“(2) As lieutenant commander, 3.0 percent.

“(3) As commander, 2.6 percent.

“(4) As captain, 2.6 percent.”

changed “5109. Report on Gender Diversity 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

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

“(B) A discussion of any changes to Coast Guard recruitment and retention over the previous two 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.”

“(23a) “non-operating individual” means an individual who—

“(A) does not perform—

“(i) with respect to the operation of a vessel, watchstanding, automated engine room duty watch, navigation, or personnel safety functions;

“(ii) with respect to the loading and unloading of merchandise, cargo handling functions, including any activity relating to the loading or unloading of cargo, the operation of cargo-related equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when the vessel is made fast or let go;

“(iii) vessel maintenance, including any repairs that can be performed by the vessel’s crew or a riding gang; or

“(iv) safety, security, or environmental protection activities directly related to the operation of the vessel and normally conducted by the vessel’s crew;

“(B) does not serve as part of the crew complement required under section 8101;

“(C) does not serve as a riding gang member;

“(D) is not a member of the steward’s department;

“(E) is not a citizen or temporary or permanent resident of a country designated by the United States as a sponsor of terrorism or any other country that the Secretary, in consultation with the Secretary of State and the heads of other appropriate United States agencies, determines to be a security threat to the United States;

“(F) is not specifically exempted from the requirement to have a merchant mariner’s document under section 8701(a);

“(G) has not been convicted in any jurisdiction of an offense described in paragraph (2) or (3) of section 7703;

“(H) whose license, certificate of registry, or merchant mariner’s document has not been suspended or revoked under section 7704; and

changed “(I) who does not otherwise constitutes constitute a threat to the safety of the vessel;”vessel.”

“8107. Requirements relating to non-operating individuals

changed “(a) In general—The owner or managing operator of a merchant vessel of the United States of at least 100 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104 14104, shall—

“(1) ensure that—

“(A) each non-operating individual on the vessel—

“(i) is a United States citizen or an alien lawfully admitted to the United States for permanent residence; or

“(ii) possesses a United States non-immigrant visa for individuals desiring to enter the United States temporarily for business, employment-related and personal identifying information, and any other documentation required by the Secretary;

“(B) all required documentation for such individual is kept on the vessel and available for inspection by the Secretary; and

“(C) each non-operating individual is identified on the manifest;

“(2) ensure that—

“(A) each non-operating individual possesses—

“(i) a merchant mariner’s document;

“(ii) a transportation worker identification credential under section 70105; or

“(iii) a current security clearance issued by a Federal agency; or

“(B) the employer of such an individual attests in a certificate to the owner or managing operator that—

“(i) the background of such individual has been examined and found to be free of any credible information indicating a material risk to the security of the vessel, the vessel’s cargo, the ports the vessel visits, or other individuals onboard the vessel;;

“(ii) such examination—

“(I) met the requirements of section 70105(d)(2), for persons described in paragraph (1)(A)(i) of this subsection; or

“(II) consisted of a search of all information reasonably available to the owner or managing operator in the individual’s country of citizenship and any other country in which the individual works, receives employment referrals, or resides, for persons described in paragraph (1)(A)(ii) of this subsection; and

“(iii) the information derived from any such examination is made available to the Secretary upon request;

“(3) ensure that each non-operating individual of the vessel, while on board the vessel, is subject to the same random chemical testing and reporting regimes as crew members;

“(4) ensure that each such individual employed on the vessel receives basic safety familiarization and basic safety training approved by the Coast Guard; and

“(5) ensure that every non-operating individual of the vessel is employed on board the vessel under conditions that meet or exceed the minimum international standards of all applicable international labor conventions to which the United States is a party, including all of the merchant seamen protection and relief provided under United States law.

“(b) Recordkeeping—In addition to the requirements of subsection (a), the owner or managing operator of a vessel to which subsection (a) applies shall ensure that all information necessary to ensure compliance with this section, as determined by the Secretary, is entered into the vessel’s official logbook required by chapter 113.

“(c) Civil penalty—A person (including an individual) violating this section is liable to the United States Government for a civil penalty of $1,250.”

“(e) This section does not apply to non-operating individuals.”

“55123. Installation vessels

“(a) Initial determination of coastwise qualified vessel—No later than 180 days after the date of the enactment of this section, the Secretary of Transportation shall determine whether an installation vessel exists for which a coastwise endorsement has been issued under section 12112.

changed “(b) Application—If the Secretary of Transportation determines under subsection (a) that no such coastwise qualified vessel exists, then, after the date on which such determination was is made, lifting operations between a vessel for which a coastwise endorsement has been issued under section 12112 and an installation vessel for which no such endorsement has been issued is not transportation of merchandise for the purposes of section 55102.

“(c) Requests for determinations of coastwise qualified vessels

changed “(1) In general—After the date on which the determination was is made under subsection (a), an installation vessel for which a coastwise endorsement has been issued under section 12112, the owner or operator of such installation vessel may seek a new determination from the Secretary of Transportation that an installation vessel for which a coastwise endorsement has been issued under section 12112 exists.

“(2) Application to non-qualified vessels—If the Secretary of Transportation makes a determination under paragraph (1) that a coastwise qualified vessel exists, then—

“(A) the owner or operator of an installation vessel for which no coastwise endorsement has been issued under section 12112 shall seek a determination of the availability of a coastwise qualified vessel under paragraph (3) before using such non-coastwise qualified vessel for the transportation of a platform jacket; and

“(B) after the date on which such determination is made, the owner or operator of an installation vessel for which no coastwise endorsement has been issued under section 12112 shall not use such non-coastwise qualified vessel for the transportation of a platform jacket unless the Secretary of Transportation determines a coastwise qualified is not available under paragraph (4).

“(3) Criteria for determination of availability—The Secretary of Transportation shall determine a coastwise qualified vessel is not available if—

“(A) the owner or operator of a non-coastwise qualified vessel submits to the Secretary of Transportation an application for the use of a non-coastwise qualified installation vessel for transportation of a platform jacket under this section that includes all relevant information, including engineering details and timing requirements, and such application is submitted not less than 1 year before the date such vessel is required for such use;

“(B) the Secretary provides the application made under subparagraph (A) to the owner of each coastwise qualified vessel listed as an installation vessel in the inventory under section 12138(c) and promptly publishes in the Federal Register a notice—

“(i) describing the project and the platform jacket involved;

“(ii) advising that all relevant information reasonably needed to assess the transportation and installation requirements for the platform jacket will be made available to an interested person on request; and

“(iii) requesting that information on the availability of coastwise qualified vessels be submitted within a 45-day period beginning on the date of such publication; and

“(C)

“(i) within such 45-day period no information is submitted to the Secretary from owners or operators of coastwise qualified installation vessels to meet the requirements of the application required under paragraph (A); or

“(ii) the owner or operator of a coastwise qualified installation vessel submits information to the Secretary asserting that the owner or operator has a suitable coastwise qualified installation vessel available to meet the requirements of the application required under paragraph (A), but the Secretary determines, within 90 days after the notice is first published, that the coastwise qualified installation vessel is not suitable or reasonably available for the transportation.

“(d) Definitions—In this section:

“(1) Installation vessel—The term “installation vessel” means a vessel using a crane suitable for offshore use that—

“(A) is used to install platform jackets;

“(B) has a slewing or luffing capability;

“(C) has a lifting capacity of at least 1,000 metric tons; and

“(D) conducts lifting operations to construct or remove offshore facilities or subsea infrastructure or to install and uninstall component parts or materials from offshore facilities or subsea infrastructure.

“(2) Lifting operations—The term “lifting operations” means the lifting of platform jackets by crane from the time that the lifting activity begins when unlading from a vessel or removing offshore facilities or subsea infrastructure until the time that the lifting activities are terminated for a particular unlading, installation, or removal of offshore facilities or subsea infrastructure.

“(3) Platform jacket—The term “platform jacket” has the meaning given such term in section 55108(a).”

“(1) In general—The Secretary of Transportation shall develop, maintain, and periodically update an inventory of vessels that are—

“(A) documented under this chapter;

“(B) at least 200 feet in length;

“(C) have the capability to lay, maintain, or repair a submarine cable, without regard to whether a particular vessel is classed as a cable ship or cable vessel; and

“(D) installation vessels within the meaning of such term in section 55123.”

“(B) the abilities and limitations of the vessel with respect to—

“(i) in the case of a vessel required to be inventoried under paragraph (1)(A), laying, maintaining, and repairing a submarine cable; and

“(ii) in the case of a vessel required to be inventoried under paragraph (1)(B), installing platform jackets; and”

“(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).”

“55502. National Maritime Transportation System Advisory Committee

“(a) Establishment—There is established a National Maritime Transportation System 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

“(1) In general—The Committee shall consist of 25 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:

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

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

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

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

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

“(F) At least 1 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—

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

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

“(c) Membership

“(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:

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

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

“(C) At least 1 member shall represent the interests of Great Lakes ports.

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

“(E) At least 1 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.”

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

“(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

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

“70006. Safety of special activities

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

“(b) Definitions—In this section:

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

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

“(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

“(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.

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

“(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.”

“4305. Exemptions and equivalents”

added “(a) Exemptions—If the Secretary”

“(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.”

“(f) Remedial actions—For purposes of the transfers under this section, the remedial actions required under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) may be completed by the United States Coast Guard after the date of such transfer and a deed entered into for such transfer shall include a clause granting the United States Coast Guard access to the property in any case in which remedial action or corrective action is found to be necessary after the date of such transfer.”

added “12108. Authority to extend the duration of vessel certificates

added “(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 year an expiring–—

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

added “(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).

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

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

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

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

removed Subchapter I of chapter 121 of title 46, United States Code, is amended by adding at the end the following new section:

removed “12108. Authority to extend the duration of vessel certificates

removed “(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 year an expiring–—

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

removed “(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).

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

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

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

removed “(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—

changed “(1) is 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.

changed “(c) Regulations—The Secretary shall prescribe regulations implementing this subsection. 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.

“(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 year, or both.

“4514. Compliance; Secretary actions

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

changed “(1) shall require the individual in charge of a subject vessel to keep a record of equipment maintenance, 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

changed “(1) In general—Beginning not later than 60 days after general—In conjunction with the date transmittal by the President to the Congress of enactment the Budget of this Act, 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 biannual reports that describe the Commission’s progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is 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

“(1) Program—The Secretary of Transportation shall develop and implement a program to promote the transportation of liquefied natural gas to 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.”

“(3) An owner, charterer, managing operator, or agent of a vessel of the United States notifying the Coast Guard under paragraph (1) or (2) shall—

“(A) provide the name and identification number of the vessel, the names of individuals on board, and other information that may be requested by the Coast Guard; and

“(B) submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under such paragraphs.”

added “(1) In general—Notwithstanding”

“(2) Definition—In this subsection, the term “treaty area” has the meaning given the term in the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America as in effect on the date of the enactment of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241).”

Effective upon the enactment of section 401 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282), and notwithstanding section 402(e) of such Act—

“5112. Report on diversity at the Coast Guard Academy

“(a) In general—Not later than January 15, 2021, and annually thereafter, the Commandant shall submit a report on diversity at the Coast Guard Academy 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 include—

changed “(1) the status of the implementation of the plan required section 803 802 of the Coast Guard Academy Improvement Act;

changed “(2) specific information on outreach and recruitment activities for the preceding year, including the effectiveness of the Coast Guard Academy Minority Outreach Team Program described under section 1905;1905 and of outreach and recruitment activities in the territories and other possessions of the United States;

“(3) enrollment information about the incoming class, including the gender, race, ethnicity, religion, socioeconomic background, and State of residence of Coast Guard Academy cadets;

“(4) information on class retention, outcomes, and graduation rates, including the race, gender, ethnicity, religion, socioeconomic background, and State of residence of Coast Guard Academy cadets; and

“(5) information on efforts to retain diverse cadets, including through professional development and professional advancement programs for staff and faculty.”

“1905. Coast Guard Academy minority outreach program

changed “(a) In general—There is established within the Coast Guard Academy a minority outreach team program (in this section referred to as the “Program” ) under which officers, including minority officers, officers and officers from territories and other possessions of the United States, who are Academy graduates may volunteer their time to recruit minority students and strengthen cadet retention through mentorship of cadets.

“(b) Administration—Not later than July 15, 2020, the Commandant, in consultation with Program volunteers and Academy alumni that participated in prior programs at the Academy similar to the Program, shall appoint a permanent civilian position at the Academy to administer the Program by, among other things—

“(1) overseeing administration of the Program;

“(2) serving as a resource to volunteers and outside stakeholders;

“(3) advising Academy leadership on recruitment and retention efforts based on recommendations from volunteers and outside stakeholders;

“(4) establishing strategic goals and performance metrics for the Program with input from active volunteers and Academy leadership; and

“(5) reporting annually to the Commandant on academic year and performance outcomes of the goals for the Program before the end of each academic year.”

changed “2130. “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.

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

changed “(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

“(A) A student may not have more than 2 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.

“(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 duty obligation and four year inactive Reserve obligation.

changed “(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.

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

“(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 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

changed “(v) educational institution”institution.”