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Title IV — Miscellaneous

S. 2297 · 116th Congress · Jul 25, 2019 · Lineage

IV Miscellaneous

Sec. 401 Common appropriation structure

(a)
Oil Spill Liability Trust Fund— Section 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(A)) is amended by striking “operating expenses incurred by” and inserting “operations and support of”.
(b)
Historic Light Station Sales— Section 305106(b) of title 54, United States Code, is amended—
(1)
in paragraph (1)(B)(i), by striking “Operating Expenses” and inserting “Operations and Support”; and
(2)
in subsection (b)(2), by striking “Operating Expense” and inserting “Operations and Support”.
(c)
Bridge permits— Section 712(a)(2) of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213; 33 U.S.C. 491 prec. note) is amended by striking “operating expenses” and inserting “operations and support”.
(d)
Contracts— Section 557(a) of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113–6; 14 U.S.C. 577 note) is amended by striking “Acquisition” and inserting “Procurement”.
(e)
Child development services— Section 214(d)(1) of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (Public Law 113–281; 128 Stat. 3034) is amended by striking “operating expenses” and inserting “operations and support”.
(f)
Prospective payment of funds necessary To provide medical care— Section 506(b)(1) of title 14, United States Code, is amended by striking “operating expenses” and inserting “operations and support”.

Sec. 402 Improved employment assistance

Section 1143(a) of title 10, United States Code, is amended—
(1)
in subsection (a)—
(A)
in paragraph (2)—
(i)
in the matter preceding subparagraph (A), by inserting “and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy” before “shall”; and
(ii)
in subparagraph (A), by striking “Army, Navy, Air Force, and Marine Corps” and inserting “armed forces”; and
(B)
in paragraph (3), by inserting “and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy” before “shall”; and
(2)
in subsection (c)(2)(A)(ii), by striking “in the case of members of the Army, Navy, Air Force, and Marine Corps, request the Department of Defense” and inserting “make a request to the applicable Secretary under subsection (a)(1)”.

Sec. 403 Unmanned maritime systems

(a)
Assessment—
(1)
In general— The Commandant shall regularly assess available unmanned maritime systems for potential use to support missions of the Coast Guard.
(2)
Consultation— The Commandant shall make the assessment required under paragraph (1) after consultation with the Department of Defense, other Federal agencies, the academic sector, and developers and manufacturers of unmanned maritime systems.
(b)
Report—
(1)
In general— Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Commandant 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 a report on the actual and potential effects of the use of available unmanned maritime systems on the mission effectiveness of the Coast Guard.
(2)
Contents— Each report submitted under paragraph (1) shall include the following:
(A)
An inventory of available unmanned maritime systems used by the Coast Guard, an overview of such usage, and a discussion of the mission effectiveness of such systems, including any benefits realized or risks or negative aspects of such usage.
(B)
A prioritized list of Coast Guard mission requirements that could be met with additional unmanned maritime systems, and the estimated costs of acquiring and operating such systems. This list should take into consideration interoperability with the current and future fleet of National Security Cutters, Fast Response Cutters, Offshore Patrol Cutters, Polar Security Cutters, and in-service legacy cutters such as the 270-foot, 210-foot, and 225-foot Buoy Tenders.
(c)
Definitions— In this section:
(1)
Unmanned maritime system—
(A)
In general— The term unmanned maritime system means a remotely operated or autonomous vehicle that—
(i)
is produced by the commercial sector;
(ii)
is designed to travel in the air, on or under the ocean surface, on land, or any combination thereof; and
(iii)
functions without an on-board human presence.
(B)
Inclusions— The term unmanned maritime system includes—
(i)
associated components, such as control and communications, data transmission, and processing systems;
(ii)
an unmanned undersea vehicle;
(iii)
an unmanned surface vehicle;
(iv)
an unmanned aerial vehicle;
(v)
an autonomous underwater vehicle;
(vi)
an autonomous surface vehicle; and
(vii)
an autonomous aerial vehicle.
(2)
Available unmanned maritime systems— The term “available unmanned maritime systems” includes unmanned maritime systems that can be purchased commercially or are available to the Coast Guard in coordination with the Department of Defense or other Federal agency.

Sec. 404 Unmanned aircraft systems testing

(a)
Training area— The Commandant shall carry out and update, as appropriate, a program for the use of a training area one or more training areas to facilitate the use of unmanned aircraft systems and small unmanned aircraft systems to support missions of the Coast Guard.
(b)
Designation of area—
(1)
In general— Not later than 180 days after the date of enactment of this Act, the Commandant shall, as part of the program under subsection (a), designate an area for the training, testing, and development of unmanned aircraft systems and small unmanned aircraft systems.
(2)
Considerations— In designating a training area under paragraph (1), the Commandant shall—
(A)
select an area that leverages the capabilities of the common test site for unmanned aircraft systems of the Department of Homeland Security; and
(B)
take into consideration all of the following attributes of the training area:
(i)
Direct over-water maritime access from the site.
(ii)
The availability of existing Coast Guard support facilities, including pier and dock space.
(iii)
Proximity to existing and available offshore Warning Area airspace for test and training.
(iv)
Existing facilities and infrastructure to support unmanned aircraft system-augmented, and small unmanned aircraft system-augmented, training, evaluations, and exercises.
(v)
Existing and appropriate Federal Aviation Administration flight authorizations for the area.
(vi)
Existing facilities with a proven track record of supporting unmanned aircraft systems and small unmanned aircraft systems flight operations.
(c)
Definitions— In this section—
(1)
the term existing means as of the date of enactment of this Act; and
(2)
the terms small unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 44801 of title 49, United States Code.

Sec. 405 Report of determination; technical correction

Section 105(f)(2) of the Pribilof Islands Transition Act (Public Law 106–562; 16 U.S.C. 1161 note) is amended by striking “subsection (a)” and inserting “paragraph (1)”.

Sec. 406 Towing vessels operating outside the boundary line

(a)
Definitions— In this section—
(1)
the term Boundary Line has the meaning given the term in section 103 of title 46, United States Code;
(2)
the term Officer in Charge, Marine Inspection has the meaning given the term in section 3305(d)(4) of title 46, United States Code; and
(3)
the term Secretary means the Secretary of the Department in which the Coast Guard is operating.
(b)
Interim exemption— A towing vessel described in subsection (c) is exempt from any additional requirements of subtitle II of title 46, United States Code, and chapter I of title 33 and chapter I of title 46, Code of Federal Regulations (as in effect on the date of enactment of this Act), that would result solely from such vessel operating outside the Boundary Line, if—
(1)
the vessel is operating outside the Boundary Line solely to perform regular harbor assist operations;
(2)
the voyage of the vessel occurring outside of the Boundary Line—
(A)
is less than 12 hours in total duration;
(B)
originates and ends in the inspection zone of a single Officer in Charge, Marine Inspection; and
(C)
occurs no further than 10 nautical miles from the Boundary Line;
(3)
the vessel is approved for operations outside the Boundary Line by the Officer in Charge, Marine Inspection and the Coast Guard Marine Safety Center; and
(4)
the vessel has sufficient manning and lifesaving equipment for all persons on board, in accordance with part 15 and section 141.225 of title 46, Code of Federal Regulations (or any successor regulation).
(c)
Applicability— This section applies to a towing vessel—
(1)
that is subject to inspection under chapter 33 of title 46, United States Code, and subchapter M of chapter I of title 46, Code of Federal Regulations (or any successor regulation);
(2)
with only “Lakes, Bays, and Sounds” or “Rivers” routes recorded on such vessel’s certificate of inspection under section 136.230 of title 46, Code of Federal Regulations (or any successor regulation); and
(3)
that is operating as a harbor assist vessel and regularly engaged in harbor assist operations, including the docking, undocking, mooring, unmooring, and escorting of vessels with limited maneuverability.
(d)
Safety—
(1)
Safety restrictions— The Officer in Charge, Marine Inspection for an inspection zone may restrict operations under the interim exemption provided under subsection (b) for safety purposes.
(2)
Comprehensive lists— The Officer in Charge, Marine Inspection for an inspection zone shall maintain a comprehensive list, updated periodically, of all towing vessels described in subsection (c) that operate in the inspection zone.
(3)
Notification— Not later than 24 hours prior to intended operations outside of the Boundary Line, a towing vessel exempted under subsection (b) shall notify the Office in Charge, Marine Inspection for the inspection zone of such operations. Such notification shall include—
(A)
the date, time, and length of voyage;
(B)
a crew list, with each crew member’s credentials and work hours; and
(C)
an attestation from the master of the towing vessel that the vessel has sufficient manning and lifesaving equipment for all persons on board.
(e)
Briefing— Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the following:
(1)
The impacts of the interim exemption provided under this section.
(2)
Any safety concerns regarding the expiration of such interim exemption.
(3)
Whether such interim exemption should be extended.
(f)
Termination— The interim exemption provided under subsection (b) shall terminate on the date that is 2 years after the date of enactment of this Act.

Sec. 407 Repeal of Caribbean support tender authorization

Section 343 of the Maritime Transportation Security Act of 2002 (Public Law 107–295; 116 Stat. 2106) and the item relating to that section in section 1(b) of that Act, are repealed.

Sec. 408 Fairways

Not later than May 1, 2021, the Commandant shall conduct a review of navigation on the East Coast of the United States and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review, including any recommendations for new fairways on that coast to facilitate commerce.

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

It is the sense of Congress that the maritime industry of the United States contributes to the Nation’s economic prosperity and national security.

Sec. 410 Abandoned seafarers fund amendments

Section 11113 of title 46, United States Code, is amended—
(1)
in the matter preceding subparagraph (A) of subsection (a)(2), by striking “may be appropriated” and inserting “shall be available without further appropriations and shall remain available until expended”; and
(2)
in subsection (c)—
(A)
in the matter preceding subparagraph (A) of paragraph (1), by inserting “plus a surcharge of 25 percent of such total amount,” after “seafarer,”; and
(B)
by striking paragraph (4).

Sec. 411 Conforming amendments: training; public safety personnel

Chapter 701 of title 46, United States Code, is amended—
(1)
in section 70107—
(A)
in subsection (a), by striking “law enforcement agency personnel” and inserting “public safety personnel”;
(B)
in the matter preceding subparagraph (A) of subsection (b)(8), by striking “law enforcement personnel—” and inserting “public safety personnel—”; and
(C)
in subsection (c)(2)(C), by striking “law enforcement personnel” and inserting “public safety personnel”; and
(2)
in section 70132—
(A)
in the matter preceding paragraph (1) of subsection (a), by striking “law enforcement personnel—” and inserting “public safety personnel—”;
(B)
in subsection (b), by striking “law enforcement personnel” each instance such term appears and inserting “public safety personnel”; and
(C)
by adding at the end the following:

“(d) Public safety personnel defined—For the purposes of this section, the term public safety personnel includes any Federal, State (or political subdivision thereof), territorial, or Tribal law enforcement officer, firefighter, or emergency response provider.”

Sec. 412 Accident and incident notification

Subsection (c) of section 9 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (Public Law 112–90; 125 Stat. 1912; 49 U.S.C. 60117 note) is repealed and shall be deemed not to have been enacted.

Sec. 413 Subrogated claims

(a)
In general— Section 1012(b) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(b)) is amended—
(1)
by striking “Fund.—The” and inserting the following:

“(1) In general—The”

(2)
by adding at the end the following:

“(2) Subrogation—Except for a guarantor claim pursuant to a defense under section 1016(f)(1), Fund compensation of any claim by an insurer or other indemnifier of a responsible party or injured third party is subject to the subrogated rights of that responsible party or third party to such compensation.”

(b)
Effective date— The amendments made by this section shall take effect 180 days following the date of enactment of this Act.

Sec. 414 Use of engine cut-off switch links

(a)
In general— Chapter 43 of title 46, United States Code, is amended by adding at the end the following:

“4313. Use of engine cut-off switch links

“(a) Use of engine cut-Off switch links—A person shall not operate a covered recreational vessel unless—

“(1) the person is wearing an engine cut-off switch link while operating above no-wake speed; and

“(2) the engine cut-off switch is equipped under the requirements of section 4312.

“(b) Penalty—A person that violates subsection (a) shall be subject to a civil penalty under section 4311 of this title not to exceed—

“(1) $100 for the first offense;

“(2) $250 for the second offense; and

“(3) $500 for any subsequent offense.

“(c) Definitions—In this section—

“(1) the term covered recreation vessel means a recreational vessel less than 26 feet overall in length, except such term shall not include any vessel—

“(A) whose main helm is installed within an enclosed cabin that would protect an operator from being thrown overboard should the operator be displaced from the helm;

“(B) with propulsion machinery developing static thrust of less than 115 pounds or 3 horsepower; or

“(C) without an engine cut-off switch installed under the requirements of section 4312;

“(2) the term engine cut-off switch means a mechanical or electronic device that is connected to propulsion machinery that will stop propulsion if—

“(A) the switch is not properly connected; or

“(B) the switch components are submerged in water or separated from the switch by a predetermined distance; and

“(3) the term engine cut-off switch link means the equipment attached to the recreational vessel operator that activates the engine cut-off switch.”

(b)
Analysis for chapter 43— The analysis for chapter 43 of title 46, United States Code, is amended by adding at the end the following:

Sec. 415 Equivalency authority

(a)
In general— Section 4305 of title 46, United States Code, is amended—
(1)
in the section heading, by adding “and Equivalents” after “Exemptions”;
(2)
by striking “If the Secretary” and inserting the following:

“(a) Exemptions—If the Secretary”

(3)
by adding at the end the following:

“(b) Equivalents—If the Secretary considers that recreational vessel safety will not be adversely affected, the Secretary may accept a substitution for associated equipment performance or other safety standards for a recreational vessel as required by this chapter, if the substitution provides an equivalent level of safety.”

(b)
Analysis for chapter 43— The analysis for chapter 43 of title 46, United States Code, is amended by striking the item relating to section 4305 and inserting the following:

Sec. 416 Arctic PARS Native engagement

The Commandant shall—
(1)
engage directly with local coastal whaling and fishing communities in the Arctic region when conducting the Alaskan Arctic Coast Port Access Route Study, in accordance with chapter 700 of title 46, United States Code, and as described in the notice of study published in the Federal Register on December 21, 2018 (83 Fed. Reg. 65701); and
(2)
shall consider the concerns of the Arctic coastal community regarding any Alaskan Arctic Coast Port Access Route, including safety needs and concerns.

Sec. 417 Authorization of use of automatic identification systems devices to mark fishing equipment

(a)
Definitions— In this section—
(1)
the term Automatic Identification System has the meaning given the term in section 164.46(a) of title 33, Code of Federal Regulations, or any successor regulation;
(2)
the term Automatic Identification System device means a covered device that operates in radio frequencies assigned to the Automatic Identification System;
(3)
the term Commission means the Federal Communications Commission; and
(4)
the term covered device means a device used to mark fishing equipment.
(b)
Rulemaking required— Not later than 180 days after the date of enactment of this Act, the Commission, in consultation with the Commandant, shall initiate a rulemaking proceeding to consider whether to authorize covered devices to operate in radio frequencies assigned to the Automatic Identification System.
(c)
Considerations— In conducting the rulemaking under subsection (b), the Commission shall consider whether imposing requirements with respect to the manner in which Automatic Identification System devices are deployed and used would enable the authorization of covered devices to operate in radio frequencies assigned to the Automatic Identification System consistent with the core purpose of the Automatic Identification System to prevent maritime accidents.

Sec. 418 Direct hire authority for certain competitive service positions in the Department of Homeland Security

(a)
Parallel direct hire authority for the Department of Homeland Security— Chapter 99 of title 5, United States Code, is amended by adding at the end the following:

“9905a. Direct hire authority for certain personnel of the Department of Homeland Security

“(a) In general—The Secretary of Homeland Security may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328 of such chapter), qualified candidates to any of the following positions in the competitive service in the Department of Homeland Security in support of the Coast Guard:

“(1) Any position involved with Department maintenance activities, including depot-level maintenance and repair.

“(2) Any position involved with cybersecurity.

“(3) Any individual in the acquisition workforce that manages any services contracts necessary to the operation and maintenance of programs of the Department.

“(4) Any science, technology, or engineering position in order to allow development of new systems and provide for the maintenance of legacy systems.

“(b) Sunset—Effective on September 30, 2025, the authority provided under subsection (a) shall expire.”

(b)
Conforming and clerical amendments—
(1)
Chapter heading— The heading of chapter 99 of such title is amended to read as follows:

“99 Personnel authorities for Department of Defense and Department of Homeland Security”

(2)
Analysis for chapter 99— The analysis for chapter 99 of such title is amended by adding at the end the following new item:
(3)
Tables of chapters— The tables of chapters at the beginning of title 5, United States Code, and at the beginning of part III of such title are each amended by striking the item relating to chapter 99 and inserting the following new item:

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

(a)
In general— Chapter 700 of title 46, United States Code, is amended—
(1)
by redesignating sections 70004 and 70005 as sections 70005 and 70006, respectively; and
(2)
by inserting after section 70003 the following:

“70004. Vessel traffic service system

“(a) National policy

“(1) Establishment and update of national policy

“(A) Establishment of policy—Not later than one year after the date of enactment of this section, the Secretary shall establish a national policy to be applied to all vessel traffic service centers and publish such policy in the Federal Register.

“(B) Update—The Secretary shall periodically update the national policy established under subparagraph (A) and publish such update in the Federal Register.

“(2) Elements—The national policy established and updated under paragraph (1) shall include, at a minimum, the following:

“(A) Standardization of titles, roles, and responsibilities for all personnel assigned, working, or employed in a vessel traffic service center.

“(B) Standardization of organizational structure within vessel traffic service centers, to include supervisory and reporting chain and processes.

“(C) Establishment of directives for the application of authority provided to each vessel traffic service center, specifically with respect to directing or controlling vessel movement when such action is justified in the interest of safety.

“(D) Establishment of thresholds and measures for monitoring, informing, recommending, and directing vessel traffic.

“(E) Establishment of national procedures and protocols for vessel traffic management.

“(F) Standardization of training for all vessel traffic service directors, operators, and watchstanders.

“(G) Establishment of certification and competency evaluation for all vessel traffic service directors, operators, and watchstanders.

“(H) Establishment of standard operating language when communicating with vessel traffic users.

“(I) Establishment of data collection and archiving processes for vessel incidents and near-miss events.

“(3) Regional policies

“(A) Development—The captain of the port covered by a vessel traffic service center may develop and submit to the Secretary regional policies in addition to the national policy established and updated under paragraph (1) to account for variances from that national policy with respect to local vessel traffic conditions and volume, geography, water body characteristics, waterway usage, and any additional factors that the captain considers appropriate.

“(B) Review and approval by secretary—Not later than 180 days after receiving regional policies under subparagraph (A)—

“(i) the Secretary shall review those regional policies; and

“(ii) the captain of the port concerned shall implement the policies that the Secretary approves.

“(C) Maintenance of policies—The Secretary shall maintain a central depository for all regional policies approved under subparagraph (B).

“(b) Performance evaluation

“(1) In general—The Secretary shall develop and implement a standard method for evaluating the performance of vessel traffic service centers.

“(2) Elements—The standard method developed and implemented under paragraph (1) shall include, at a minimum, analysis and collection of data with respect to the following within a vessel traffic service area covered by each vessel traffic service center:

“(A) Volume of vessel traffic, categorized by type of vessel.

“(B) Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type.

“(C) Data on near-miss events.

“(D) Data on marine casualties.

“(E) Application by vessel traffic operators of traffic management authority during near-miss events and marine casualties.

“(F) Other additional methods as the Secretary considers appropriate.

“(3) Annual report—Not less frequently than annually, the Secretary 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 a report on the evaluation conducted under paragraph (1) of the performance of vessel traffic service centers, including—

“(A) recommendations to improve safety and performance; and

“(B) data regarding marine casualties and near-miss events that have occurred during the period covered by the report.

“(c) Risk assessment program

“(1) In general—The Secretary shall develop a continuous risk assessment program to evaluate and mitigate safety risks for each vessel traffic service area to improve safety and reduce the risks of oil and hazardous material discharge in navigable waters.

“(2) Method for assessment—The Secretary, in coordination with State and Tribal governments, ports, nongovernmental organizations, and private citizens, shall develop a standard method for conducting risk assessments under paragraph (1) that includes the collection and management of all information necessary to identify and analyze potential hazardous navigational trends within a vessel traffic service area.

“(3) Information to be assessed

“(A) In general—The Secretary shall ensure that a risk assessment conducted under paragraph (1) includes an assessment of the following:

“(i) Volume of vessel traffic, categorized by type of vessel.

“(ii) Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type.

“(iii) Data on near-miss events.

“(iv) Data on marine casualties.

“(v) Geographic locations for near-miss events and marine casualties, including latitude and longitude.

“(vi) Cyclical risk factors such as weather, seasonal water body currents, tides, bathymetry, and topography.

“(vii) Weather data, in coordination with the National Oceanic and Atmospheric Administration.

“(B) Information storage and management policies—The Secretary shall retain all information collected under subparagraph (A) and ensure policies and procedures are in place to standardize the format in which that information is retained to facilitate statistical analysis of that information to calculate within a vessel traffic service area, at a minimum, the incident rate, intervention rate, and accident prevention rate.

“(C) International coordination—With respect to vessel traffic service areas that cross international boundaries, the Secretary may work with international partners that have entered into bilateral or cooperative agreements with vessel traffic service centers to jointly manage those areas to collect, share, and analyze, at a minimum, information described in subparagraph (A) that is in the possession or control of the international partner.

“(4) Public availability

“(A) Assessments and information—In accordance with section 552 of title 5, United States Code, the Secretary shall make any risk assessments conducted under paragraph (1) and any information collected under paragraph (3)(A) available to the public.

“(B) Information in possession or control of international partners—The Secretary shall endeavor to work with international partners described in paragraph (3)(C) to enter into agreements to make information collected, shared, and analyzed under that paragraph available to the public.

“(d) Vessel traffic service training

“(1) Training program

“(A) In general—The Secretary shall develop a comprehensive nationwide training program for all vessel traffic service directors, operators, and watchstanders.

“(B) Local variances—The Secretary shall provide for such local variances to the program developed under subparagraph (A) as the Secretary considers appropriate.

“(C) Elements—The comprehensive nationwide training program under subparagraph (A) and any variances to that program under subparagraph (B) shall include, at a minimum, the following:

“(i) Realistic vessel traffic scenarios to the maximum extent practicable that integrate—

“(I) the national policy developed under subsection (a);

“(II) international and inland navigation rules of the United States under the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.);

“(III) the application of vessel traffic authority; and

“(IV) communication with vessel traffic service users.

“(ii) Proficiency training with respect to use, interpretation, and integration of available data on vessel traffic service display systems such as radar, video video, and vessel automatic identification system feeds.

“(iii) Practical application of the international and inland navigation rules of the United States under the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.).

“(iv) Proficiency training with respect to the operation of radio communications equipment and any other applicable systems necessary to execute vessel traffic service authorities.

“(v) Incorporation of the Standard Maritime Marine Communication Phrases adopted by the International Maritime Organization by resolution on April 4, 2000, as amended and consolidated, or any successor resolution.

“(vi) Incorporation to the maximum extent possible of guidance and recommendations contained in vessel traffic services operator training, vessel traffic services supervisor training, or other relevant training set forth by the International Association of Marine Aids to Navigation and Lighthouse Authorities.

“(vii) A minimum number of hours of training for an individual to complete before the individual is qualified to fill a vessel traffic services position without supervision.

“(viii) Local area geographic and operational familiarization.

“(ix) Such additional components as the Secretary considers appropriate.

“(2) Standard competency qualification process

“(A) In general—The Secretary shall develop a standard competency qualification process to be applied to all personnel assigned, employed, or working in a vessel traffic service center.

“(B) Application of process—The competency qualification process developed under subparagraph (A) shall include measurable thresholds for determining proficiency.

“(3) International and inland navigation rules test

“(A) In general—All personnel assigned, employed, or working in a vessel traffic service center with responsibilities that include communicating, interacting, or directing vessels within a vessel traffic service area, as determined under the national policy developed under subsection (a), shall be required to pass a United States international and inland navigation rules test developed by the Secretary.

“(B) Elements of test—The Secretary shall determine the content and passing standard for the rules test developed under subparagraph (A).

“(C) Testing frequency—The Secretary shall establish a frequency, not to exceed once every 5 years, for personnel described in subparagraph (A) to be required to pass the rules test developed under such subparagraph.

“(e) Research on vessel traffic

“(1) Vessel communication—The Secretary shall conduct research, in consultation with subject matter experts identified by the Secretary, to develop more effective procedures for monitoring vessel communications on radio frequencies to identify and address unsafe situations in a vessel traffic service area. The Secretary shall consider data collected under subparagraphs (A) and (B) of subsection (c)(3).

“(2) Professional mariner representation

“(A) In general—The Secretary shall conduct research, in consultation with local stakeholders and subject matter experts identified by the Secretary, to evaluate and determine the feasibility and benefits of representation by professional mariners on the vessel traffic service watchfloor at each vessel traffic service center.

“(B) Implementation—The Secretary shall implement representation by professional mariners on the vessel traffic service watchfloor at those vessel traffic service centers for which it is determined feasible and beneficial pursuant to research conducted under subparagraph (A).

“(f) Working group

“(1) In general—The Secretary shall establish a working group with regional stakeholders, industry subject matter experts, and representatives of the Radio Technical Commission for Maritime Services (or, if such Commission does not provide representatives, representatives of a similar organization selected by the Secretary) to carry out the following:

“(A) To evaluate, and provide recommendations to the Secretary regarding the implementation of, regulations, procedures, and equipment standards as necessary to improve and ensure broadcasted vessel automatic identification system data is accurate regarding the following, as applicable:

“(i) Navigation status.

“(ii) Radio call sign.

“(iii) Vessel name.

“(iv) Vessel type.

“(v) Vessel cargo.

“(vi) Vessel dimensions.

“(vii) Vessel tow size.

“(viii) Vessel tow configuration.

“(B) To develop recommended industry methods for reporting inaccuracies regarding the information listed in clauses (i) through (viii) of subparagraph (A).

“(2) Inclusion of identification system on certain vessels

“(A) In general—The working group established under paragraph (1) shall evaluate and determine the practicability, economic cost, regulatory burden, and navigational benefit to outfitting vessels lacking independent means of propulsion that carry flammable, combustible, or hazardous liquid cargo with vessel automatic identification systems.

“(B) Regulations—Based on the evaluation under subparagraph (A), the Secretary shall prescribe such regulations as the Secretary considers appropriate to establish requirements relating to the outfitting of vessels described in such subparagraph with vessel automatic identification systems.

“(g) Periodic review of vessel traffic service needs

“(1) In general—Based on the performance evaluation conducted under subsection (b), the Secretary shall periodically review vessel traffic service areas to determine—

“(A) if there are any additional vessel traffic service needs in those areas; and

“(B) if a vessel traffic service area should be moved or modified.

“(2) Stakeholder input—In conducting the periodic review under paragraph (1), the Secretary shall seek input from port and waterway stakeholders to identify areas of increased vessel conflicts or accidents that could benefit from the use of routing measures or vessel traffic service special areas to improve safety, port security, and environmental protection.

“(h) Definitions—In this section:

“(1) Hazardous liquid cargo—The term hazardous liquid cargo has the meaning given that term in regulations prescribed under section 5103 of title 49, United States Code.

“(2) Marine casualty—The term marine casualty has the meaning given that term in regulations prescribed under section 6101(a) of title 46, United States Code.

“(3) Vessel traffic service area—The term vessel traffic service area means an area specified in subpart C of part 161 of title 33, Code of Federal Regulations, or any successor regulation.

“(4) Vessel traffic service center—The term vessel traffic service center means a center for the provision of vessel traffic services in a vessel traffic service area.”

(b)
Analysis for chapter 700— The analysis for chapter 700 of title 46, United States Code, is amended by striking the items relating to sections 70004 and 70005 and inserting the following:
(c)
Conforming amendments— Chapter 700 of title 46, United States Code, as amended by this section, is further amended—
(1)
in section 70001(a)—
(A)
in the matter preceding paragraph (1), by striking “70004” and inserting “70005”; and
(B)
in paragraph (1), by striking “70005” and inserting “70006”; and
(2)
in the matter preceding paragraph (1) in section 70003(c), by striking “70004” and inserting “70005”;
(1)
(3) in the matter preceding paragraph (1) of section 70005, as redesignated by subsection (a)(1), by striking “and 70003” and inserting “70003, and 70004”; and
(2)
(4) in section 70032, by inserting “70005,” after “70004,”.

Sec. 420 Replacement vessel

Notwithstanding section 208(g)(5) of the American Fisheries Act (16 U.S.C. 1851 note), a vessel described in section 208(e)(21) of such Act that is replaced under section 208(g) of such Act shall be subject to a sideboard restriction catch limit of zero metric tons in the Bering Sea and Aleutian Islands and in the Gulf of Alaska unless such vessel is also a replacement vessel described in section 679.4(o)(4) of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act), in which case such vessel shall not be eligible to be a catcher/processor under section 206(b)(2) of such Act.

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

(a)
In general— Subject to subsection (b), a contract for the containment or removal of a discharge entered into by the President (or a delegate) under section 311(c) of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)) shall contain a provision to indemnify a contractor for liabilities and expenses incidental to the containment or removal arising out of the performance of the contract that is substantially identical to the terms contained in subsections (d) through (h) of section H.4 of the contract offered by the Coast Guard in the solicitation numbered DTCG89–98–A–68F953 and dated November 17, 1998.
(b)
Source of funds— The provision required under subsection (a) shall include a provision that the obligation to indemnify is limited to funds available in the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986 at the time the claim for indemnity is made.
(c)
Applicability of exemptions— Except as provided in the indemnity provisions described in subsection (a), nothing in a contract described in that subsection may create liability of the United States to a contractor for any act or omission for which the contractor is exempt from liability under section 311(c)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)(4)).

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

(a)
Testing and evaluation program— The Secretary of the department in which the Coast Guard is operating shall carry out a testing and evaluation program of United States commercial space-based radio frequency geolocation and maritime domain awareness products and services to support the mission objectives of maritime enforcement by the Coast Guard and other components of the Coast Guard. The objectives of this testing and evaluation program shall include—
(1)
developing an understanding of how United States commercial space-based radio frequency data products can meet current and future mission requirements;
(2)
establishing how United States commercial space-based radio frequency data products should integrate into existing work flows; and
(3)
establishing how United States commercial space-based radio frequency data products could be integrated into analytics platforms.
(b)
Report— Not later than 240 days after the date of enactment of this Act, such Secretary shall prepare and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the testing and evaluation program under subsection (a), including recommendations on how the Coast Guard should fully exploit United States commercial space-based radio frequency data products to meet current and future mission requirements.

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

(a)
Definitions— In this section—
(1)
the term Alaskan Region has the meaning given the term by the Secretary for purposes of this section; and
(2)
the term Secretary means the Secretary of the Department in which the Coast Guard is operating.
(b)
Exemption— Subject to subsection (c), the Federal Communications Commission shall exempt fishing vessels that primarily operate in the Alaskan Region, including fishing vessels that transit from States in the Pacific Northwest to conduct fishing operations in the Alaskan Region, from the requirements relating to carriage of VHF–DSC and MF–DSC equipment under subpart W of part 80 of title 47, Code of Federal Regulations, or any successor regulation.
(c)
Functional requirements— A fishing vessel exempted under subsection (b) shall—
(1)
be capable of transmitting ship-to-shore distress alerts using not fewer than 2 separate and independent systems, each using a different radio communication service;
(2)
be equipped with—
(A)
a VHF radiotelephone installation;
(B)
an MF or HF radiotelephone installation;
(C)
a Category 1, 406.0–406.1 MHz EPIRB meeting the requirements of section 80.1061 of title 47, Code of Federal Regulations, or any successor regulation;
(D)
a NAVTEX receiver meeting the requirements of section 80.1101(c)(1) of title 47, Code of Federal Regulations, or any successor regulation;
(E)
survival craft equipment meeting the requirements of section 80.1095 of title 47, Code of Federal Regulations, or any successor regulation; and
(F)
a Search and Rescue Transponder meeting the requirements of section 80.1101(c)(6) of title 47, Code of Federal Regulations, or any successor regulation; and
(3)
maintain a continuous watch on VHF Channel 16.
(d)
Definition of Alaskan Region— Not later than 30 days after the date of enactment of this Act, the Secretary shall define the term Alaskan Region for purposes of this section.

Sec. 424 Educational vessel

(a)
In general— Notwithstanding section 12112(a)(2) of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel OLIVER HAZARD PERRY (IMO number 8775560; United States official number 1257224).
(b)
Termination of effectiveness of endorsement— The coastwise endorsement authorized under subsection (a) for the vessel OLIVER HAZARD PERRY (IMO number 8775560; United States official number 1257224) shall expire on the first date on which any of the following apply:
(1)
The vessel is sold to a person, including an entity, that is not related by ownership or control to the person, including an entity, that owned the vessel on the date of enactment of this Act.
(2)
The vessel is rebuilt and not rebuilt in the United States (as defined in section 12101(a) of title 46, United States Code).
(3)
The vessel is no longer operating in primary service as a sailing school vessel or an educational sailing vessel.

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

(a)
Remedial actions— Section 533 of the Coast Guard Authorization Act of 2016 (Public Law 114–120; 130 Stat. 74) is amended by adding at the end the following:

“(f) Remedial actions—For purposes of the conveyances of real property, land, and any improvements thereon, 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 Coast Guard after the date of such conveyance and a deed entered into for such conveyance shall include a clause granting the 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 conveyance.”

(b)
Compliance— Section 534(a) of the Coast Guard Authorization Act of 2016 (42 U.S.C. 9620 note; Public Law 114–120) is amended—
(1)
by striking “Nothing” and inserting “After the date on which the Secretary of the Interior conveys land under section 533, nothing”; and
(2)
by inserting “, with respect to contaminants on such land placed there prior to the date on which the land is conveyed” before the period.

Sec. 426 Coast Guard shore infrastructure improvement

(a)
In general— Not later than December 31, 2020, the Commandant shall—
(1)
develop a plan to standardize Coast Guard facility condition assessments;
(2)
establish shore infrastructure performance goals, measures, and baselines to track the effectiveness of maintenance and repair investments and provide feedback on progress made;
(3)
develop a process to routinely align the Coast Guard shore infrastructure portfolio with mission needs, including disposing of unneeded assets;
(4)
establish guidance for planning boards to document inputs, deliberations, and project prioritization decisions for infrastructure maintenance projects;
(5)
employ models for Coast Guard infrastructure asset lines for—
(A)
predicting the outcome of investments in shore infrastructure;
(B)
analyzing tradeoffs; and
(C)
optimizing decisions among competing investments;
(6)
include in congressional budget requests and related reports supporting details on competing project alternatives and report tradeoffs; and
(7)
explore the development of real property management expertise in the Coast Guard work force, including members of the Senior Executive Service.
(b)
Briefing— Not later than January 31, 2021, the Commandant shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with respect to the status of the actions required under subsection (a).

Sec. 427 Coast Guard Arctic prioritization

(a)
Findings— Congress makes the following findings:
(1)
The strategic importance of the Arctic continues to increase as the United States and other countries recognize the military significance of the sea lanes and choke points within the region and understand the potential for power projection from the Arctic into multiple regions.
(2)
Russia and China have conducted military exercises together in the Arctic, have agreed to connect the Northern Sea Route, claimed by Russia, with China's Maritime Silk Road, and are working together in developing natural gas resources in the Arctic.
(3)
The economic significance of the Arctic continues to grow as countries around the globe begin to understand the potential for maritime transportation through, and economic and trade development in, the region.
(4)
Increases in human, maritime, and resource development activity in the Arctic region may create additional mission requirements for the Department of Defense and the Department of Homeland Security.
(5)
The increasing role of the United States in the Arctic has been highlighted in each of the last four National Defense Authorization Acts.
(6)
The United States Coast Guard Arctic Strategic Outlook released in April 2019 states, “Demonstrating commitment to operational presence, Canada, Denmark, and Norway have made strategic investments in ice-capable patrol ships charged with national or homeland security missions. [The United States] is the only Arctic State that has not made similar investments in ice-capable surface maritime security assets. This limits the ability of the Coast Guard, and the Nation, to credibly uphold sovereignty or respond to contingencies in the Arctic.”.
(b)
Sense of Congress— It is the sense of Congress that—
(1)
the Arctic is a region of strategic importance to the national security interests of the United States, and the Coast Guard must better align its mission prioritization and development of capabilities to meet the growing array of challenges in the region;
(2)
the increasing freedom of navigation and expansion of activity in the Arctic must be met with an increasing show of Coast Guard forces capable of exerting influence through persistent presence;
(3)
Congress fully supports the needed and important re-capitalization of the fleet of cutters and aircraft of the Coast Guard, but, the Coast Guard must avoid overextending operational assets for remote international missions at the cost of dedicated focus on this domestic area of responsibility with significant international interest and activity; and
(4)
although some progress has been made to increase awareness of Arctic issues and to promote increased presence in the region, additional measures are needed to protect vital economic, environmental, and national security interests of the United States, and to show the commitment of the United States to this emerging strategic choke point of increasing great power competition.
(c)
Arctic defined— In this section, the term Arctic has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).

Sec. 428 National Commercial Fishing Safety Advisory Committee

Section 15102 of title 46, United States Code, is amended—
(1)
in subsection (b)—
(A)
in the matter preceding paragraph (1), by striking “shall”;
(B)
in paragraph (1)—
(i)
by striking “advise” and inserting “shall advise and provide recommendations in writing to”; and
(ii)
in subparagraph (E), by striking “and” after the semicolon;
(C)
in paragraph (2)—
(i)
by inserting “shall” before “review”; and
(ii)
by striking the period at the end and inserting a semicolon; and
(D)
by adding at the end the following:

“(3) shall review marine casualties and investigations of vessels covered by chapter 45 of this title and make recommendations to the Secretary to improve safety and reduce future vessel casualties;

“(4) shall submit recommendations on matters described in paragraphs (1), (2), and (3) to the Secretary and the Commandant of the Coast Guard in writing, and make those recommendations available on a publicly accessible website;

“(5) may submit any recommendations on matters described in paragraphs (1), (2), and (3) at any time and frequency as decided appropriate by the Committee;

“(6) may make available to Congress any information, advice, and recommendations that the Committee is authorized to give to the Secretary; and

“(7) shall meet at the call of the Secretary, who shall call such a meeting at least twice per year in person, and additional meetings as appropriate.”

(2)
in subsection (c), by adding at the end the following:

“(4) Service

“(A) Terms—Each member of the Committee—

“(i) shall serve a term of 3 years; and

“(ii) may serve not more than 3 terms.

“(B) Continued service after term—When the term of a member of the Committee ends, the member may continue to serve as a member until a successor is appointed, but not for longer than 1 year after the end of the term.

“(C) Vacancy—If a vacancy occurs in the membership of the Committee, the Secretary shall appoint a member to fill the remainder of the vacated term.

“(5) Failure to appoint—The Secretary shall appoint Committee members not later than 60 days after the date of the application deadline.

“(6) Representative—The Commandant of the Coast Guard shall, and the head of any other interested agency may, designate a representative to participate as an observer with the Committee. Such representatives shall, as appropriate, report to and advise the Committee on matters relating to vessels to which this chapter applies which are under the jurisdiction of their respective agencies. The Secretary’s designated representative shall act as executive secretary for the Committee and perform the duties set forth in section 10(c) of the Federal Advisory Committee Act (5 App. U.S.C.).

“(7) Committee consultation—The Committee shall seek expertise from the fishing industry, marine safety experts, the shipbuilding industry, and others as the Committee determines appropriate.

“(8) Advisory committees—The Committee may establish standing or ad hoc committees as needed.

“(9) Outreach and recruitment—At least once each year, the Secretary shall publish a notice in the Federal Register and in newspapers of general circulation in coastal areas soliciting nominations for membership on the Committee, and, after timely notice is published, appoint the members of the Committee. An individual may be appointed to a term as a member of the Committee more than once. The Secretary may not seek or use information concerning the political affiliation of individuals in making appointments to the Committee.

“(10) Technical assistance—The Secretary shall provide technical assistance to the Committee if requested by a Committee member.”

(3)
by adding at the end the following:

“(d) Meetings

“(1) Frequency—The Committee shall—

“(A) meet in person not less often than twice per year; and

“(B) hold additional meetings as needed.

“(2) Public notice—The Secretary shall provide reasonable public notice of any meeting of the Committee, and publish such notice in the Federal Register and on a publicly available website.

“(3) Quorum—A quorum of 10 of the 18 members is required to send any written recommendations from the meeting to the Secretary.

“(e) Actions of the Secretary—The Secretary shall—

“(1) consult with the Committee before taking any significant action relating to the safe operation of vessels to which this chapter applies;

“(2) consider the information, advice, and recommendations of the Committee in consulting with other agencies and the public or in formulating policy regarding the safe operation of vessels to which this chapter applies;

“(3) make all recommendations made by the Committee under subsection (b) public within 30 days of receiving the recommendation from the Committee;

“(4) respond in writing to any recommendations made by the Committee under subsection (b) and provide reasoning for acceptance or rejection to all recommendations not later than 30 days after the date of receipt of the recommendation; and

“(5) make all responses in paragraph (4) available to the public not later than 30 days after the date of response.

“(f) Savings clause—Nothing in subsection (b) shall preclude the Secretary from taking emergency action within the existing authorities of the Secretary to ensure safety and preservation of life at sea.

“(g) Transparency—Meeting minutes of the Committee shall be posted on a publicly available website not later than 2 weeks after a meeting concludes.

“(h) Applicability of FACA—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee.”

Sec. 429 Oil pollution research and development program

Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is amended—
(1)
by redesignating subsections (c), (d), (e), and (f) as subsections (e), (f), (g), and (h), respectively;
(2)
by striking subsections (a) and (b) and inserting the following:

“(a) Definitions—In this section—

“(1) the term Chair means the Chairperson of the Interagency Committee designated under subsection (c)(2);

“(2) the term Commandant means the Commandant of the Coast Guard;

“(3) the term institution of higher education means an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a));

“(4) the term Interagency Committee means the Interagency Coordinating Committee on Oil Pollution Research established under subsection (b);

“(5) the term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere; and

“(6) the term Vice-Chair means the Vice-Chairperson of the Interagency Committee designated under subsection (c)(3).

“(b) Establishment of Interagency Coordinating Committee on Oil Pollution Research

“(1) Establishment—There is established an Interagency Coordinating Committee on Oil Pollution Research.

“(2) Purpose—The Interagency Committee shall coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, State governments, and other nations, as appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research.

“(c) Membership

“(1) Composition—The Interagency Committee shall be composed of—

“(A) at least 1 representative of the Coast Guard;

“(B) at least 1 representative of the National Oceanic and Atmospheric Administration;

“(C) at least 1 representative of the Environmental Protection Agency;

“(D) at least 1 representative of the Department of the Interior;

“(E) at least 1 representative of the Bureau of Safety and Environmental Enforcement;

“(F) at least 1 representative of the Bureau of Ocean Energy Management;

“(G) at least 1 representative of the United States Fish and Wildlife Service;

“(H) at least 1 representative of the Department of Energy;

“(I) at least 1 representative of the Pipeline and Hazardous Materials Safety Administration;

“(J) at least 1 representative of the Federal Emergency Management Agency;

“(K) at least 1 representative of the Navy;

“(L) at least 1 representative of the Army Corps of Engineers;

“(M) at least 1 representative of the United States Arctic Research Commission; and

“(N) at least 1 representative of each of such other Federal agencies as the President considers to be appropriate.

“(2) Chairperson—The Commandant shall designate a Chairperson from among members of the Interagency Committee selected under paragraph (1)(A).

“(3) Vice-chairperson—The Under Secretary shall designate a Vice-Chairperson from among members of the Interagency Committee selected under paragraph (1)(B).

“(4) Meetings

“(A) Quarterly meetings—At a minimum, the members of the Interagency Committee shall meet once each quarter.

“(B) Public summaries—After each meeting, a summary shall be made available by the Chair or Vice-Chair, as appropriate.

“(d) Duties of the Interagency Committee

“(1) Research—The Interagency Committee shall—

“(A) coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, State and tribal governments, and other nations, as appropriate; and

“(B) foster cost-effective research mechanisms, including the joint funding of research and the development of public-private partnerships for the purpose of expanding research.

“(2) Oil pollution research and technology plan

“(A) Implementation plan—Not later than 180 days after the date of enactment of the Coast Guard Authorization Act of 2019, the Interagency Committee shall submit to Congress a research plan to report on the state of oil discharge prevention and response capabilities that—

“(i) identifies current research programs conducted by Federal agencies, State and tribal governments, 4-year institutions of higher education, and corporate entities;

“(ii) assesses the current status of knowledge on oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment;

“(iii) identifies significant oil pollution research gaps, including an assessment of major technological deficiencies in responses to past oil discharges;

“(iv) establishes national research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects;

“(v) assesses the research on the applicability and effectiveness of the prevention, response, and mitigation technologies to each class of oil;

“(vi) estimates the resources needed to conduct the oil pollution research and development program established pursuant to subsection (e), and timetables for completing research tasks;

“(vii) summarizes research on response equipment in varying environmental conditions, such as in currents, ice cover, and ice floes; and

“(viii) includes such other information or recommendations as the Interagency Committee determines to be appropriate.

“(B) Advice and guidance

“(i) National Academy of Sciences contract—The Chair, through the department in which the Coast Guard is operating, shall contract with the National Academy of Sciences to—

“(I) provide advice and guidance in the preparation and development of the research plan;

“(II) assess the adequacy of the plan as submitted, and submit a report to Congress on the conclusions of such assessment; and

“(III) provide organization guidance regarding the implementation of the research plan, including delegation of topics and research among Federal agencies represented on the Interagency Committee.

“(ii) NIST advice and guidance—The National Institute of Standards and Technology shall provide the Interagency Committee with advice and guidance on issues relating to quality assurance and standards measurements relating to its activities under this section.

“(C) 10-year updates—Not later than 10 years after the date of enactment of the Coast Guard Authorization Act of 2019 and every 10 years thereafter, the Interagency Committee shall submit to Congress a research plan that updates the information contained in the previous research plan submitted under this subsection.”

(3)
in subsection (e), as redesignated by paragraph (1) of this section—
(A)
in paragraph (1), by inserting “technology” after “research and”;
(B)
in paragraph (2), in the matter preceding subparagraph (A)—
(i)
by striking “this subsection” and inserting “paragraph (1)”; and
(ii)
by striking “which are effective in preventing or mitigating oil discharges and which” and inserting “and methods that are effective in preventing, mitigating, or restoring damage from oil discharges and that”;
(C)
in paragraph (4)(A)—
(i)
in the matter preceding clause (i), by striking “oil discharges. Such program shall” and inserting “acute and chronic oil discharges on coastal and marine resources (including impacts on protected areas such as sanctuaries) and protected species, and such program shall”;
(ii)
by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively;
(iii)
by inserting after clause (ii) the following:

“(iii) Research to understand and quantify the effects of sublethal impacts of oil discharge on living natural marine resources, including impacts on pelagic fish species, marine mammals, and commercially and recreationally targeted fish and shellfish species.”

(iv)
by inserting after clause (v), as redesignated by subclause (II) clause (ii) of this subparagraph, the following:

“(vi) Research to understand the long-term effects of major oil discharges and the long-term effects of smaller endemic oil discharges.

“(vii) Potential impacts on ecosystems, habitat, and wildlife from the additional toxicity, heavy metal concentrations, and increased corrosiveness of mixed crude, such as diluted bitumen crude.

“(viii) Methods to restore and rehabilitate natural resources and ecosystem functions damaged by oil discharges.”

(D)
by striking paragraph (7) and inserting the following:

“(7) Simulated environmental testing

“(A) In general—Agencies represented on the Interagency Committee shall ensure the long-term use and operation of the Oil and Hazardous Materials Simulated Environmental Test Tank (OHMSETT) Research Center in New Jersey for oil pollution technology testing and evaluations.

“(B) Other testing facilities—Nothing in subparagraph (A) shall be construed as limiting the ability of the Interagency Committee to contract or partner with a facility or facilities other than the Center described in subparagraph (A) for the purpose of oil pollution technology testing and evaluations, provided such a facility or facilities have testing and evaluation capabilities equal to or greater than those of such Center.

“(B) (C) In-kind contributions

“(i) In general—The Secretary of the Department in which the Coast Guard is operating and the Administrator of the Environmental Protection Agency may accept donations of crude oil and crude oil product samples in the form of in-kind contributions for use by the Federal Government for product testing, research and development, and for other purposes as the Secretary and the Administrator determine appropriate.

“(ii) Use of donated oil—Oil accepted under clause (i) may be used directly by the Secretary and shall be provided to other Federal agencies or departments through interagency agreements to carry out the purposes of this Act.”

(E)
in paragraph (8)—
(i)
in subparagraph (A), by striking “subsection (b)” and inserting “subsection (d)”; and
(ii)
in subparagraph (D)(iii), by striking “subsection (b)(1)(F)” and inserting “subsection (d)”; and
(F)
in paragraph (10)—
(i)
by striking “agencies represented on the Interagency Committee” and inserting “Under Secretary”;
(ii)
by inserting “States, tribes,” after “research institutions,”; and
(iii)
by striking “subsection (b)” and inserting “subsection (d)”;
(4)
in subsection (f), as redesignated by paragraph (1) of this section, by striking “subsection (b)” and inserting “subsection (d)”;
(5)
in subsection (g), as redesignated by paragraph (1) of this section, by striking “Chairman of the Interagency Committee” and inserting “Chair”; and
(6)
in subsection (h), as redesignated by paragraph (1) of this section, by striking “subsection (c)(8)” each place the term appears and inserting “subsection (e)(8)”.

Sec. 430 Medical standards

(a)
In general— Chapter 35 of title 46, United States Code, is amended by adding at the end the following:

“3509. Medical standards

“The owner of a vessel to which section 3507 applies shall ensure that—

“(1) a physician is always present and available to treat any passengers who may be on board the vessel in the event of an emergency situation; and

“(2) the vessel is in compliance with the Health Care Guidelines for Cruise Ship Medical Facilities established by the American College of Emergency Physicians.”

(b)
Technical amendment— The analysis for chapter 35 of title 46, United States Code, is amended by adding at the end the following:

Sec. 431 Northern Michigan oil spill response planning

Notwithstanding any other provision of law, not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in consultation with the Administrator of the Environmental Protection Agency, shall update the Northern Michigan Area Contingency Plan to include a worst-case discharge from an onshore pipeline in adverse weather conditions, including significant wave height conditions and ice-covered conditions.

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

(a)
Funding for certain enhanced capabilities— Section 319 of title 14, United States Code, is amended by adding at the end the following new subsection:

“(c) Funding for certain enhanced capabilities—In each of fiscal years 2020 and 2021, the Commandant may provide additional funding of $5,000,000 for additional long-range maritime patrol aircraft (MPA), acquired through full and open competition.”

(b)
Report on use of unmanned aircraft systems for certain surveillance—
(1)
Report required— Not later than March 31, 2021, the Commandant shall submit to the appropriate committees of Congress a report setting forth an assessment of the feasibility and advisability of using unmanned aircraft systems (UAS) for surveillance of marine protected areas, the transit zone, and the Arctic in order to—
(A)
establish and maintain regular maritime domain awareness of such areas;
(B)
ensure appropriate response to illegal activities in such areas; and
(C)
collaborate with State, local, and tribal authorities, and international partners, in surveillance missions over their waters in such areas.
(2)
Appropriate committees of Congress defined— In this subsection, the term appropriate committees of Congress means—
(A)
the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B)
the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives.

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

(a)
Prohibition on agency operation or procurement— The Commandant may not operate or enter into or renew a contract for the procurement of—
(1)
a covered unmanned aircraft system that—
(A)
is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country;
(B)
uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by an entity domiciled in a covered foreign country;
(C)
uses a ground control system or operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or
(D)
uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or
(2)
a system manufactured in a covered foreign country or by an entity domiciled in a covered foreign country for the detection or identification of covered unmanned aircraft systems.
(b)
Exemption—
(1)
In general— The Commandant is exempt from the restriction under subsection (a) if—
(A)
the operation or procurement is for the purposes of—
(i)
counter-UAS surrogate testing and training; or
(ii)
intelligence, electronic warfare, and information warfare operations, testing, analysis, and training; or
(B)
the Commandant receives a certification from the Coast Guard unit requesting to operate or procure an unmanned aircraft system otherwise restricted under subsection (a), which shall include supporting manufacturer information, that the unmanned aircraft system does not—
(i)
connect to the internet or an outside telecommunications service;
(ii)
connect to other devices or electronics, except as necessary to perform the mission; or
(iii)
perform any missions in support of classified information or that may threaten national security.
(2)
Expiration— The authority under this subsection to operate or procure an unmanned aircraft system otherwise restricted under subsection (a) expires two years after the date of the enactment of this Act.
(c)
Waiver— The Commandant may waive the restriction under subsection (a) on a case by case basis by certifying in writing to the Department of Homeland Security and the relevant committees of jurisdiction that the operation or procurement is required in the national interest of the United States.
(d)
Definitions— In this section:
(1)
Covered foreign country— The term covered foreign country means the People’s Republic of China.
(2)
Covered unmanned aircraft system— The term covered unmanned aircraft system means an unmanned aircraft system and any related services and equipment.

Sec. 434 Voting requirement

Section 305(i)(1)(G)(iv) of Public Law 94–265, as amended by section 416 of the Coast Guard Authorization of 2006 (Public Law 109–241), is amended to read as follows:

“(iv) Voting requirement—The panel may act only by the affirmative vote of at least 5 of its members, except that any decision made pursuant to the last sentence of subparagraph (C) shall require the unanimous vote of all 6 members of the panel.”