S 2297 — Coast Guard Authorization Act of 2019
Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 226.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
720 added · 277 removedPlain-language change summary
The updated bill S 2297 has added sections that outline due process protections for investigations and disciplinary actions related to sexual harassment and violence at the Coast Guard Academy. It also now requires the Board of Visitors to consider diversity and inclusion at the Academy. Additionally, the previously included provisions about a briefing on warrants, subpoenas, and whistleblower protections, as well as the Great Lakes pilotage advisory committee extension, have been removed. This means that the focus of the bill has shifted away from those topics to emphasize accountability and inclusivity measures at the Academy.
2297 IntroducedReported in Senate (IS)](RS)] <DOC> 116thCalendar CONGRESSNo. 1st Session S.
226 116th CONGRESS 1st Session S.
which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________September A26, BILL2019 ToReported authorizeby appropriationsMr. for the Coast Guard, and for other purposes.
Wicker, with amendments [Omit the part struck through and insert the part printed in italic] _______________________________________________________________________ A BILL To authorize appropriations for the Coast Guard, and for other purposes.
Sec.
210.
Due process protections for investigations, disciplinary actions, and sanctions under Coast Guard Academy policy on sexual harassment and sexual violence.
Sec.
211.
Consideration by Board of Visitors of the Coast Guard Academy of the state of diversity and inclusion at the Coast Guard Academy.
Sec.<DELETED>Sec.
Sec.
234.
Sense of Congress and report on implementation of policy on issuance of warrants and subpoenas and whistleblower protections by agents of the Coast Guard Investigative Service.
Sec.
235.
Procurement authority for heavy Great Lakes Icebreaker.
Sec.
236.
Consideration of impact of Hurricane Michael in modification of construction contracts for Offshore Patrol Cutters.
Sec.
237.
Inspector General report on access to Equal Opportunity Advisors and Equal Employment Opportunity Specialists.
Sec.<DELETED>Sec.
310.
Great Lakes Pilotage Advisory Committee.
Sec.
409.
Sense of Congress regarding the maritime industry of the United States.
Sec.
<DELETED>Sec.
425.
Conveyance of Coast Guard real property at Point Spencer, Alaska.
Sec.
430.
Medical standards.
Sec.
431.
Northern Michigan oil spill response planning.
Sec.
Show all 286 changed lines (246 more)
432.
Land-based unmanned aircraft system program of the Coast Guard.
Sec.
433.
Prohibition on operation or procurement of foreign-made unmanned aircraft systems.
Sec.
434.
Voting requirement.
(c) Fishing Safety Grants.--The cap on the Federal share of the cost of any activity carried out with a grant under subsections (i) and (j) of section 4502 of title 46, United States Code, as in effect prior to the date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018, shall apply to any funds appropriated under the Consolidated Appropriations Act, 2017 (Public Law 115-31) for the purpose of making such grants.
SEC.
210.
DUE PROCESS PROTECTIONS FOR INVESTIGATIONS, DISCIPLINARY ACTIONS, AND SANCTIONS UNDER COAST GUARD ACADEMY POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE.
Section 1902(b) of title 14, United States Code, is amended by adding at the end the following:
``(7) Notice that any action relating to the policy taken by the Academy against a cadet or other Academy personnel, including an investigation, a disciplinary action, a sanction, and any other administrative action, is carried out in a manner that provides due process protections.''.
SEC.
211.
CONSIDERATION BY BOARD OF VISITORS OF THE COAST GUARD ACADEMY OF THE STATE OF DIVERSITY AND INCLUSION AT THE COAST GUARD ACADEMY.
Section 1903(d) of title 14, United States Code, as amended by section 208(a) of this Act, is further amended-- (1) in paragraph (6), by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (8);
and (3) by inserting after paragraph (6) the following new paragraph (7):
``(7) the state of diversity and inclusion;
and''.
The authority under this subsection shall expire on September 30, 2025.
``(g) Regulations.--The Commandant shall prescribe regulations, as necessary, to carry out this section.''.section.
``(h) Transparency.--Not later than 60 days after the date that a transaction agreement is made under subsection (a), the Commandant shall make available to the public, in a searchable format on an Internet website of the Coast Guard, information on the transaction agreement, including an estimate of committed Coast Guard resources for and the expected benefits to the Coast Guard from the transaction agreement, with appropriate redactions for proprietary, sensitive, or classified information.
``(i) Reports.-- ``(1) In general.--Not later than December 30 each year through 2025, 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 use by the Coast Guard of additional transaction authority under subsection (a) during the fiscal year ending in such year.
``(2) Contents.--Each report under paragraph (1) shall include-- ``(A) for each transaction agreement under subsection (a) in effect during the fiscal year covered by the report-- ``(i) an indication whether the transaction agreement is a reimbursable, non-reimbursable, or funded agreement;
``(ii) a description of-- ``(I) the subject and terms;
``(II) the parties;
``(III) the value;
``(IV) the extent of the cost sharing among Federal Government and non-Federal sources;
``(V) the duration or schedule;
and ``(VI) all milestones;
``(iii) an indication whether the transaction agreement was renewed during such fiscal year;
``(iv) the technology areas in which research projects were conducted under the transaction agreement;
``(v) the extent to which the use of the transaction agreement-- ``(I) has contributed to a broadening of the technology and industrial base available for meeting Coast Guard needs;
and ``(II) has fostered within that technology and industrial base new relationships and practices that support the United States;
and ``(vi) the total value received by the Federal Government under the transaction agreement during such fiscal year;
and ``(B) a list of all anticipated reimbursable, nonreimbursable, and funded transaction agreements under subsection (a) during the fiscal year in which the report is submitted.''.
SEC.<DELETED>SEC.
BRIEFING ON POLICY ON ISSUANCE OF WARRANTS AND SUBPOENAS AND WHISTLEBLOWER PROTECTIONS BY AGENTS OF THE COAST GUARD INVESTIGATIVE SERVICE.SERVICE.</DELETED> <DELETED> (a) Briefing Required.--Not later than 30 days after the date of the enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the policy of the Coast Guard on the issuance of warrants and subpoenas and whistleblower protections by agents of the Coast Guard Investigative Service.</DELETED> <DELETED> (b) Elements.--The briefing required by subsection (a) shall include the following:</DELETED> <DELETED> (1) A discussion of current and any new policy of the Coast Guard on the issuance of warrants and subpoenas and whistleblower protections by agents of the Coast Guard Investigative Service, including Coast Guard Investigative Service Criminal Investigation Operating Procedure CIOP 2019- 02, and the differences between such current policies and new policies.</DELETED> <DELETED> (2) A plan (including milestones) for the implementation of the following:</DELETED> <DELETED> (A) Incorporation of Coast Guard Investigative Service Criminal Investigation Operating Procedure CIOP 2019-02 into the next revision of the Administrative Investigations Manual of the Coast Guard Investigative Service.</DELETED> <DELETED> (B) Training on the policy described in paragraph (1) for the following:</DELETED> <DELETED> (i) Agents and legal counsel of the Coast Guard Investigative Service.</DELETED> <DELETED> (ii) Personnel of the Office of General Law.</DELETED> <DELETED> (iii) Coast Guard headquarters personnel.</DELETED> <DELETED> (iv) Such other Coast Guard personnel as the Commandant considers appropriate.</DELETED> SEC.
(a)234. Briefing Required.--Not later than 30 days after the date of the enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the policy of the Coast Guard on the issuance of warrants and subpoenas and whistleblower protections by agents of the Coast Guard Investigative Service.
(b)SENSE Elements.--TheOF briefingCONGRESS requiredAND byREPORT subsectionON (a)IMPLEMENTATION shallOF includePOLICY theON following:ISSUANCE OF WARRANTS AND SUBPOENAS AND WHISTLEBLOWER PROTECTIONS BY AGENTS OF THE COAST GUARD INVESTIGATIVE SERVICE.
(a) Sense of Congress.--It is the sense of Congress that-- (1) Coast Guard components with investigate authority should exercise such authority with due respect for the rights of whistleblowers;
and (2) the Commandant should-- (A) ensure compliance with the legal requirements intended to protect whistleblowers;
and (B) create an environment in which whistleblowers do not fear reprisal for reporting misconduct.
(b) Report Required.--Not later than 90 days after the date of the enactment of this Act, 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 policy of the Coast Guard on the issuance of warrants and subpoenas and whistleblower protections by agents of the Coast Guard Investigative Service.
(c) Elements.--The report required by subsection (b) shall include the following:
(A) Incorporation of Coast Guard Investigative Service Criminal Investigation Operating Procedure CIOP 2019-02 into the next revision of the Administrativerelevant Investigations Manual of the Coast Guard Investigativeinvestigative Service.manual.
(iii) Relevant Coast Guard headquarters personnel.
SEC.
235.
PROCUREMENT AUTHORITY FOR HEAVY GREAT LAKES ICEBREAKER.
(a) In General.--For fiscal year 2020 and 2021, the Secretary of the department in which the Coast Guard is operating may use funds available pursuant to section 4901 of title 14, United States Code, as amended by this Act, to enter into one or more contracts for the procurement of a heavy Great Lakes Icebreaker at least as capable as USCGC MACKINAW (WLBB-30).
(b) Report.--Not later than September 30, 2019, 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 plan for acquiring an icebreaker as required by section 820(b) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282).
SEC.
236.
CONSIDERATION OF IMPACT OF HURRICANE MICHAEL IN MODIFICATION OF CONSTRUCTION CONTRACTS FOR OFFSHORE PATROL CUTTERS.
Notwithstanding Public Law 85-804, the United States Coast Guard is authorized to take into account the impacts of Hurricane Michael for the purpose of modifying, without consideration, but not exceeding the original affordability requirement as set forth in Section C of the existing contract to construct Offshore Patrol Cutters upon a determination that doing so would facilitate national security.
SEC.
237.
INSPECTOR GENERAL REPORT ON ACCESS TO EQUAL OPPORTUNITY ADVISORS AND EQUAL EMPLOYMENT OPPORTUNITY SPECIALISTS.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Inspector General of the department in which the Coast Guard is operating shall conduct a study and develop recommendations on the need to separate Equal Opportunity Advisors and Equal Employment Opportunity Specialists, as practicable, through the pre-complaint and formal discrimination complaint processes, for the complainant, the opposing party, and the commanding officers and officers in charge.
(b) Briefing.--Not later than 30 days after the completion of the study required by subsection (a), 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 on the manner in which the Coast Guard plans to implement the recommendations developed as a result of the study.
<DELETED> (H) An assessment whether there is a need for increased subsidies and financial assistance for child care or school age care for qualified families in areas with high costs of living.living.</DELETED> (2) Regulation of child care services.-- (A) An assessment of-- (i) the regulations of States with respect to child care services (such as staffing, space and furnishings, safety, and curriculum requirements, and allowable care hours);
(2) Regulation of child care services.-- (A) An assessment of-- (i) the regulations of States with respect to child care services (such as staffing, space and furnishings, safety, and curriculum requirements, and allowable care hours);
(a) In General.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States 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 resources, regulations, policies, protocols, and other actions designed to carry out the Coast Guard Certificate of Compliance program with respect to liquefied natural gas tank vessels (including examinations under section 153.808 of title 46, Code of Federal Regulations) and vessels that carry bulk liquified gases as cargo (including examinations under section 154part154 of title 46, Code of Federal Regulations) for purposes of maintaining the efficiency of examinations under that program.
(4) identification of any statutory or regulatory impediments, such as adaptability, planning, training, mobilization, or information and resource integration, to the surge capacity of the Coast Guard in response to a catastrophic incident;
(2) analysis of whetherthe and,adequacy ifof so,the howphysical theinformation technology infrastructure within Coast Guard--Guard (A)Districts, identifiesincluding andnetwork satisfiesinfrastructure, anyfor knowledgemeeting mission needs and skillreporting requirements;
(2) (3) analysis of whether and, if so, how the Coast Guard-- (A) identifies and satisfies any knowledge and skill requirements;
and (3) (4) analysis of whether and, if so, how the Coast Guard separates information technology from operational technology for cybersecurity purposes.
``SEC.``Sec.
NATIONALNational MARITIMEMaritime TRANSPORTATIONTransportation SYSTEMSystem ADVISORYAdvisory COMMITTEE.Committee ``(a) Establishment.--There is established a National Maritime Transportation System Advisory Committee (in this section referred to as the `Committee').
``(a) Establishment.--There is established a National Maritime Transportation System Advisory Committee (in this section referred to as the `Committee').
``(c) Membership.-- ``(1) In general.--The Committee shall consist of 25 27 members appointed by the Secretary of Transportation in accordance with this section and section 15109 (subject to paragraph (4)).
``(4) Administration.--ForRestrictions purposeson ofmembers sectionrepresenting 15109,federal agencies.--Members of the Committee shallthat berepresent treatedFederal asagencies ashall committeenot-- established``(A) undercomprise chaptermore 151,than exceptone-third thatof inthe applyingtotal suchmembership sectionof to the Committee anyor referenceof inany suchsubcommittee sectiontherein; to the `Secretary' shall be deemed to be a reference to the Secretary of Transportation.''.
and ``(B) serve as the chair or co-chair of the Committee or of any subcommittee therein.
``(5) Compensation.--Notwithstanding section 15109(c) and paragraph (6), no member of the Committee may receive compensation for the performance of any duties of the Committee.
``(4) (6) administration.--For purposes of section 15109, the Committee shall be treated as a committee established under chapter 151, except that in applying such section to the Committee any reference in such section to the `Secretary' shall be deemed to be a reference to the Secretary of Transportation.''.
SEC.<DELETED>SEC.
GREAT LAKES PILOTAGE ADVISORY COMMITTEE EXTENSION.EXTENSION.</DELETED> <DELETED> Section 9307(f)(1) of title 46, United States Code, is amended by striking ``2020'' and inserting ``2027''.</DELETED> SEC.
Section310. 9307(f)(1) of title 46, United States Code, is amended by striking ``2020'' and inserting ``2027''.
GREAT LAKES PILOTAGE ADVISORY COMMITTEE.
Section 9307 of title 46, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``seven'' and inserting ``8'';
and (B) in paragraph (2)-- (i) in subparagraph (B), by striking ``representing the interests of'' and inserting ``chosen from among nominations made by'';
(ii) in subparagraph (C), by striking ``representing the interests of Great Lakes ports'' and inserting ``chosen from among nominations made by Great Lakes port authorities and marine terminals'';
(iii) in subparagraph (D)-- (I) by striking ``representing the interests of'' and inserting ``chosen from among nominations made by'';
and (II) by striking ``;
and'' and inserting a semicolon;
(iv) by redesignating subparagraph (E) as subparagraph (F);
(v) by inserting after subparagraph (D) the following:
``(F) one member chosen from among nominations made by Great Lakes maritime labor organizations;
and'';
and (vi) in subparagraph (F), as so redesignated, by striking ``with a background in finance or accounting,'';
and (2) in subsection (f)(1), by striking ``2020'' and inserting ``2030''.
<DELETED> (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''.support''.</DELETED> SEC.
SEC.
(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.
SEC.<DELETED>SEC.
NONOPERATING INDIVIDUALS.INDIVIDUALS.</DELETED> <DELETED> (a) Definitions.--</DELETED> <DELETED> (1) In general.--Section 2101 of title 46, United States Code, is amended--</DELETED> <DELETED> (A) by redesignating paragraphs (24) through (54) as paragraphs (25) through (55), respectively;
(a)and</DELETED> Definitions.--<DELETED> (1)(B) Inby general.--Sectioninserting 2101after paragraph (23) the following:</DELETED> <DELETED> ``(24) `nonoperating individual' means an individual on a vessel who--</DELETED> <DELETED> ``(A) does not perform--</DELETED> <DELETED> ``(i) watchstanding, automated engine room duty watch, navigation, or personnel safety functions;</DELETED> <DELETED> ``(ii) cargo handling functions, including any activity relating to the loading or unloading of titlecargo, 46,the Unitedoperation Statesof Code,cargo- related equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when the vessel is amended--made (A)fast byor redesignatinglet paragraphsgo;</DELETED> (24)<DELETED> through``(iii) (54)vessel asmaintenance, paragraphsincluding (25)any throughrepairs (55),that respectively;can be performed by the vessel's crew or a riding gang member;
or</DELETED> <DELETED> ``(iv) safety, security, or environmental protection activities directly related to the operation of the vessel and (B)normally conducted by insertingthe aftervessel's paragraphcrew;</DELETED> (23)<DELETED> ``(B) does not serve as part of the following:crew complement required under section 8101 of this title;</DELETED> <DELETED> ``(C) does not serve as a riding gang member;</DELETED> <DELETED> ``(D) is not a member of the steward's department;</DELETED> <DELETED> ``(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;
``(24)and</DELETED> `nonoperating<DELETED> individual'``(F) meansis annot individualspecifically onexempted from the requirement to have a vesselmerchant who--mariner's ``(A)document doesunder notsection perform--8701(a) ``(i)of watchstanding,this automatedtitle.''.</DELETED> engine<DELETED> room(2) dutyConforming watch,amendments.--</DELETED> navigation,<DELETED> or(A) personnelSection safety3(3) functions;of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
``(ii)1802(3)), cargois handlingamended functions,by includingstriking any``section activity2101(30)'' relatingand toinserting the``section loading2101''.</DELETED> or<DELETED> unloading(B) Section 1992(d)(7) of cargo,title the18, operationUnited States Code, is amended by striking ``section 2101(31)'' and inserting ``section 2101(32)''.</DELETED> <DELETED> (C) Section 2113(3) of cargo-title related46, equipmentUnited (whetherStates orCode, notis integralamended toby thestriking vessel),``section 2101(51)(A)'' and theinserting handling``section 2101(52)(A)''.</DELETED> <DELETED> (D) Section 3202(a)(1)(A) of mooringtitle lines46, onUnited theStates dockCode, whenis theamended vesselby striking ``section 2101(29)(A)'' and inserting ``section 2101(30)(A)''.</DELETED> <DELETED> (E) Section 3507(k)(1) of title 46, United States Code, is madeamended fastby orstriking let``section go;2101(31)'' and inserting ``section 2101''.</DELETED> <DELETED> (F) Section 4105 of title 46, United States Code, is amended--</DELETED> <DELETED> (i) in each of subsections (b)(1) and (c), by striking ``section 2101(51)'' and inserting ``section 2101(52)'';
``(iii)and</DELETED> vessel<DELETED> maintenance,(ii) includingin anysubsection repairs(d), thatby canstriking be``section performed2101(51)(A)'' and inserting ``section 2101(52)(A)''.</DELETED> <DELETED> (G) Section 12119(a)(3) of title 46, United States Code, is amended by striking ``section 2101(26)'' and inserting ``section 2101''.</DELETED> <DELETED> (H) Section 1131(a)(1)(E) of title 49, United States Code, is amended by striking ``section 2101(46) of title 46'' and inserting ``section 116 of title 46''.</DELETED> <DELETED> (b) Citizenship and Navy Reserve Requirements.--Section 8103(j) of title 46, United States Code, is amended--</DELETED> <DELETED> (1) in the vessel'ssubsection crewheading, orby astriking riding``Riding gangGang member;Member'' and inserting ``Riding Gang Member or Nonoperating Individual'';
orand</DELETED> ``(iv)<DELETED> safety,(2) security,by orinserting environmental``or protectiona activitiesnonoperating directlyindividual'' relatedbefore to the operationperiod.</DELETED> <DELETED> (c) Nonoperating Individuals.--</DELETED> <DELETED> (1) In general.--Chapter 81 of thetitle vessel46, andUnited normallyStates conductedCode, is amended--</DELETED> <DELETED> (A) by theredesignating vessel'ssection crew;8107 as section 8108;
``(B)and</DELETED> does<DELETED> not(B) serveby asinserting partafter of the crew complement required under section 81018106 ofthe thisfollowing:</DELETED> title;<DELETED>``Sec.
``(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;
and ``(F) is not specifically exempted from the requirement to have a merchant mariner's document under section 8701(a) of this title.''.
(2) Conforming amendments.-- (A) Section 3(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1802(3)), is amended by striking ``section 2101(30)'' and inserting ``section 2101''.
(B) Section 1992(d)(7) of title 18, United States Code, is amended by striking ``section 2101(31)'' and inserting ``section 2101(32)''.
(C) Section 2113(3) of title 46, United States Code, is amended by striking ``section 2101(51)(A)'' and inserting ``section 2101(52)(A)''.
(D) Section 3202(a)(1)(A) of title 46, United States Code, is amended by striking ``section 2101(29)(A)'' and inserting ``section 2101(30)(A)''.
(E) Section 3507(k)(1) of title 46, United States Code, is amended by striking ``section 2101(31)'' and inserting ``section 2101''.
(F) Section 4105 of title 46, United States Code, is amended-- (i) in each of subsections (b)(1) and (c), by striking ``section 2101(51)'' and inserting ``section 2101(52)'';
and (ii) in subsection (d), by striking ``section 2101(51)(A)'' and inserting ``section 2101(52)(A)''.
(G) Section 12119(a)(3) of title 46, United States Code, is amended by striking ``section 2101(26)'' and inserting ``section 2101''.
(H) Section 1131(a)(1)(E) of title 49, United States Code, is amended by striking ``section 2101(46) of title 46'' and inserting ``section 116 of title 46''.
(b) Citizenship and Navy Reserve Requirements.--Section 8103(j) of title 46, United States Code, is amended-- (1) in the subsection heading, by striking ``Riding Gang Member'' and inserting ``Riding Gang Member or Nonoperating Individual'';
and (2) by inserting ``or a nonoperating individual'' before the period.
(c) Nonoperating Individuals.-- (1) In general.--Chapter 81 of title 46, United States Code, is amended-- (A) by redesignating section 8107 as section 8108;
and (B) by inserting after section 8106 the following:
``Sec.
Nonoperating individualsindividuals</DELETED> <DELETED> ``(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, shall--shall--</DELETED> <DELETED> ``(1) ensure that--that--</DELETED> <DELETED> ``(A) each nonoperating individual on the vessel--vessel--</DELETED> <DELETED> ``(i) is a United States citizen or an alien lawfully admitted to the United States for permanent residence;
oror</DELETED> <DELETED> ``(ii) possesses--possesses--</DELETED> <DELETED> ``(I) a United States nonimmigrant visa for individuals desiring to enter the United States temporarily for business;business;</DELETED> <DELETED> ``(II) employment-related and personal identifying information;
``(II)and</DELETED> employment-related<DELETED> ``(III) any other documentation required by the Secretary;</DELETED> <DELETED> ``(B) all required documentation for such individual is kept on the vessel and personalavailable identifyingfor information;inspection by the Secretary;
andand</DELETED> ``(III)<DELETED> any``(C) othereach documentationnonoperating requiredindividual byis identified on the Secretary;vessel's crew list;</DELETED> <DELETED> ``(2) ensure that--</DELETED> <DELETED> ``(A) each nonoperating individual possesses--</DELETED> <DELETED> ``(i) a merchant mariner's document;</DELETED> <DELETED> ``(ii) a transportation security card issued under section 70105;
``(B)or</DELETED> all<DELETED> required``(iii) documentationa forcurrent suchsecurity individualclearance isissued kept on the vessel and available for inspection by thea Secretary;Federal agency;
andor</DELETED> ``(C)<DELETED> each``(B) the employer of the nonoperating individual isattests identifiedin ona certificate to the vessel'sowner crewor list;managing operator that--</DELETED> <DELETED> ``(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 cargo of the vessel, the ports the vessel visits, or other individuals onboard the vessel;</DELETED> <DELETED> ``(ii) the examination under clause (i)--</DELETED> <DELETED> ``(I) with regard to an individual described in paragraph (1)(A)(i), met the requirements of section 70105(d)(2);
``(2)or</DELETED> ensure<DELETED> that--``(II) ``(A)with eachregard nonoperatingto an individual possesses--described ``(i)in paragraph (1)(A)(ii), consisted of a merchantcheck mariner'sof document;relevant international databases and such other information that the Secretary considers relevant and 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;
``(ii)and</DELETED> a<DELETED> transportation``(iii) securitythe cardinformation issuedderived from the examination under clause (i) is made available to the Secretary upon request;</DELETED> <DELETED> ``(3) ensure that each nonoperating individual of the vessel, while on board the vessel, is subject to the same random chemical testing and reporting regimes as crew members;</DELETED> <DELETED> ``(4) ensure that each such individual employed on the vessel receives basic safety familiarization and basic safety training approved by the Coast Guard as satisfying the requirements for such training under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, done at London July 7, 1978;</DELETED> <DELETED> ``(5) prevent from boarding the vessel, or cause the removal from the vessel at the first available port, and disqualify from future service on board any other vessel owned or operated by that owner or operator, any nonoperating individual--</DELETED> <DELETED> ``(A) who has been convicted in any jurisdiction of an offense described in paragraph (2) or (3) of section 70105;7703;</DELETED> <DELETED> ``(B) whose license, certificate of registry, or merchant mariner's document has been suspended or revoked under section 7704;
oror</DELETED> ``(iii)<DELETED> ``(C) who otherwise constitutes a currentthreat securityto clearancethe issuedsafety byof athe Federalvessel;</DELETED> agency;<DELETED> ``(6) ensure and certify to the Secretary that the vessel is in compliance with section 3304 and chapter 35, to the extent such section or chapter otherwise applies to the vessel;
and</DELETED> <DELETED> ``(7) ensure that each nonoperating individual on board the vessel is employed under conditions that meet or ``(B)exceed the employerminimum 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.</DELETED> <DELETED> ``(b) Work Restrictions.--A nonoperating individual attestson inboard a certificatevessel to thewhich ownersubsection or(a) managingapplies operatormay that--not ``(i)perform on board the backgroundvessel--</DELETED> of<DELETED> such``(1) individualwatchstanding, hasautomated beenengine examinedroom andduty foundwatch, tonavigational, beor freepersonnel ofsafety anyfunctions;</DELETED> credible<DELETED> information``(2) indicatingcargo ahandling materialfunctions, riskincluding any activity relating to the securityloading or unloading of cargo, the vessel,operation of cargo-related equipment (whether or not integral to the cargovessel), ofand the vessel,handling of mooring lines on the portsdock when the vessel visits,is made fast or otherlet individualsgo;</DELETED> onboard<DELETED> ``(3) vessel maintenance, including any repairs that can be performed by the vessel;vessel's crew or a riding gang member;
``(ii)or</DELETED> the<DELETED> examination``(4) undersafety, clausesecurity, (i)--or ``(I)environmental withprotection regardactivities directly related to anthe individualoperation describedof inthe paragraphvessel (1)(A)(i),and metnormally conducted by the vessel's crew.</DELETED> <DELETED> ``(c) 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.</DELETED> <DELETED> ``(d) Civil Penalty.--A person violating this section 70105(d)(2);is liable to the United States Government for a civil penalty of $1,250.''.</DELETED> <DELETED> (2) Analysis for chapter 81.--The analysis for chapter 81 of title 46, United States Code, is amended by striking the item relating to section 8107 and inserting the following:</DELETED> <DELETED>``8107.
or ``(II) with regard to an individual described in paragraph (1)(A)(ii), consisted of a check of relevant international databases and such other information that the Secretary considers relevant and 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;
and ``(iii) the information derived from the examination under clause (i) is made available to the Secretary upon request;
``(3) ensure that each nonoperating 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 as satisfying the requirements for such training under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, done at London July 7, 1978;
``(5) prevent from boarding the vessel, or cause the removal from the vessel at the first available port, and disqualify from future service on board any other vessel owned or operated by that owner or operator, any nonoperating individual-- ``(A) who has been convicted in any jurisdiction of an offense described in paragraph (2) or (3) of section 7703;
``(B) whose license, certificate of registry, or merchant mariner's document has been suspended or revoked under section 7704;
or ``(C) who otherwise constitutes a threat to the safety of the vessel;
``(6) ensure and certify to the Secretary that the vessel is in compliance with section 3304 and chapter 35, to the extent such section or chapter otherwise applies to the vessel;
and ``(7) ensure that each nonoperating individual on board the vessel is employed 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) Work Restrictions.--A nonoperating individual on board a vessel to which subsection (a) applies may not perform on board the vessel-- ``(1) watchstanding, automated engine room duty watch, navigational, or personnel safety functions;
``(2) 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;
``(3) vessel maintenance, including any repairs that can be performed by the vessel's crew or a riding gang member;
or ``(4) safety, security, or environmental protection activities directly related to the operation of the vessel and normally conducted by the vessel's crew.
``(c) 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.
``(d) Civil Penalty.--A person violating this section is liable to the United States Government for a civil penalty of $1,250.''.
(2) Analysis for chapter 81.--The analysis for chapter 81 of title 46, United States Code, is amended by striking the item relating to section 8107 and inserting the following:
``8107.
``8108.<DELETED>``8108.
<DELETED> (3) Conforming amendments.--Title 46, United States Code, is amended--amended--</DELETED> <DELETED> (A) in section 8701, by adding at the end the following:following:</DELETED> <DELETED> ``(e) This section shall not apply to an individual engaged, employed, or serving on board a vessel who is a nonoperating individual, as defined in section 8107 of this title.'';
``(e)and</DELETED> This<DELETED> section(B) shall not apply to an individual engaged, employed, or serving on board a vessel who is a nonoperating individual, as defined in section 810751705(4), ofby thisstriking title.'';``46 U.S.C.
and8107 (B)note'' inand sectioninserting 51705(4), by striking ``46 U.S.C.
note''8108 andnote''.</DELETED> insertingSEC. ``46 U.S.C.
8108409. note''.
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.
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'';
``(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.
``(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.
(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)(1), of section 70005, as redesignated by subsection (a)(1), by striking ``and``70004'' 70003'' and inserting ``70003,``70005''; and 70004'';
and (2)(B) in sectionparagraph 70032,(1), by insertingstriking ``70005,''``70005'' afterand ``70004,''.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.<DELETED>SEC.
CONVEYANCE OF COAST GUARD REAL PROPERTY AT POINT SPENCER, ALASKA.</DELETED> <DELETED> (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:</DELETED> <DELETED> ``(f) Remedial Actions.--For purposes of the transfer of any Tract under this section--</DELETED> <DELETED> ``(1) any 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 that transfer;
and</DELETED> <DELETED> ``(2) a deed entered into for that transfer shall contain 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 that transfer.''.</DELETED> <DELETED> (b) Effect on Environmental Compliance.--Section 534(a) of the Coast Guard Authorization Act of 2016 (42 U.S.C.
9620 note;
Public Law 114-120) is amended--</DELETED> <DELETED> (1) by striking ``Nothing'' and inserting the following:</DELETED> <DELETED> ``(1) In general.--Except as provided in paragraph (2), nothing'';
and</DELETED> <DELETED> (2) by adding at the end the following:</DELETED> <DELETED> ``(2) Applicability after conveyance.--Prior to the date on which a Tract is conveyed under section 533, section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)) and any other applicable environmental law shall not apply with respect to any hazardous substance released on the applicable Tract.''.</DELETED> SEC.
425.
``(f) Remedial Actions.--For purposes of the transferconveyances of real property, land, and any Tractimprovements thereon, under this section--section, ``(1)the any 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 UnitedCoast StatesGuard 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 thatsuch transfer;conveyance.''.
and(b) ``(2)Compliance.--Section a534(a) deedof entered into for that transfer shall contain a clause granting the United States Coast Guard accessAuthorization toAct the property in any case in which remedial action or corrective action is found to be necessary after the date of that2016 transfer.''.(42 U.S.C.
(b) Effect on Environmental Compliance.--Section 534(a) of the Coast Guard Authorization Act of 2016 (42 U.S.C.
Public Law 114-120) is amended-- (1) by striking ``Nothing'' and inserting ``After the following:date on which the Secretary of the Interior conveys land under section 533, nothing'';
``(1)and In(2) general.--Exceptby asinserting provided``, inwith paragraphrespect (2),to nothing'';contaminants on such land placed there prior to the date on which the land is conveyed'' before the period.
and (2) by adding at the end the following:
``(2) Applicability after conveyance.--Prior to the date on which a Tract is conveyed under section 533, section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)) and any other applicable environmental law shall not apply with respect to any hazardous substance released on the applicable Tract.''.
1001);1001 (a));
and (iv) by inserting after clause (v), as redesignated by subclause (II),(II) clause (ii) of this subparagraph, the following:
``(B) In-kindOther contributions.--testing ``(i)facilities.--Nothing Inin general.--Thesubparagraph Secretary(A) ofshall thebe Departmentconstrued inas whichlimiting the Coastability Guardof isthe operatingInteragency andCommittee theto Administratorcontract ofor thepartner Environmentalwith Protectiona Agencyfacility mayor acceptfacilities donationsother ofthan crudethe oilCenter anddescribed crudein oilsubparagraph product(A) samplesfor in the formpurpose of in-kindoil contributionspollution fortechnology usetesting byand theevaluations, Federalprovided Governmentsuch fora productfacility testing,or researchfacilities andhave development,testing and forevaluation othercapabilities purposesequal asto theor Secretarygreater andthan thethose Administratorof determinesuch appropriate.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.
SEC.
430.
MEDICAL STANDARDS.
(a) In General.--Chapter 35 of title 46, United States Code, is amended by adding at the end the following:
``Sec.
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:
``3509.
Medical standards.''.
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.''.
<all>Calendar No.
226 116th CONGRESS 1st Session S.
2297 _______________________________________________________________________ A BILL To authorize appropriations for the Coast Guard, and for other purposes.
_______________________________________________________________________ September 26, 2019 Reported with amendments
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- Reported Reported to Senate Current html September 26, 2019
- Introduced Introduced in Senate html July 25, 2019
Action History
-
Introduced in Senate
-
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment favorably.
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Committee on Commerce, Science, and Transportation. Reported by Senator Wicker with amendments. Without written report.
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Committee on Commerce, Science, and Transportation. Reported by Senator Wicker with amendments. Without written report.
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Placed on Senate Legislative Calendar under General Orders. Calendar No. 226.
Sponsors
- Dan Sullivan · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
- Sullivan, Dan Republican
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors S 2297?
- S 2297 is sponsored by Sullivan, Dan (Republican).
- What is the current status of S 2297?
- This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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