[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 140 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
November 14, 2018.
Resolved, That the Senate agree to the amendment of the House of
Representatives to the bill (S. 140) entitled ``An Act to amend the
White Mountain Apache Tribe Water Rights Quantification Act of 2010 to
clarify the use of amounts in the WMAT Settlement Fund.'', with the
following
SENATE AMENDMENT TO HOUSE AMENDMENT:
In lieu of the matter proposed to be inserted by the House
amendment to the text of the bill, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Frank LoBiondo Coast Guard
Authorization Act of 2018''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--REORGANIZATION OF TITLE 14, UNITED STATES CODE
Sec. 101. Initial matter.
Sec. 102. Subtitle I.
Sec. 103. Chapter 1.
Sec. 104. Chapter 3.
Sec. 105. Chapter 5.
Sec. 106. Chapter 7.
Sec. 107. Chapter 9.
Sec. 108. Chapter 11.
Sec. 109. Subtitle II.
Sec. 110. Chapter 19.
Sec. 111. Part II.
Sec. 112. Chapter 21.
Sec. 113. Chapter 23.
Sec. 114. Chapter 25.
Sec. 115. Part III.
Sec. 116. Chapter 27.
Sec. 117. Chapter 29.
Sec. 118. Subtitle III and chapter 37.
Sec. 119. Chapter 39.
Sec. 120. Chapter 41.
Sec. 121. Subtitle IV and chapter 49.
Sec. 122. Chapter 51.
Sec. 123. References.
Sec. 124. Rule of construction.
TITLE II--AUTHORIZATIONS
Sec. 201. Amendments to title 14, United States Code, as amended by
title I of this Act.
Sec. 202. Authorizations of appropriations.
Sec. 203. Authorized levels of military strength and training.
Sec. 204. Authorization of amounts for Fast Response Cutters.
Sec. 205. Authorization of amounts for shoreside infrastructure.
Sec. 206. Authorization of amounts for aircraft improvements.
TITLE III--COAST GUARD
Sec. 301. Amendments to title 14, United States Code, as amended by
title I of this Act.
Sec. 302. Primary duties.
Sec. 303. National Coast Guard Museum.
Sec. 304. Unmanned aircraft.
Sec. 305. Coast Guard health-care professionals; licensure portability.
Sec. 306. Training; emergency response providers.
Sec. 307. Incentive contracts for Coast Guard yard and industrial
establishments.
Sec. 308. Confidential investigative expenses.
Sec. 309. Regular captains; retirement.
Sec. 310. Conversion, alteration, and repair projects.
Sec. 311. Contracting for major acquisitions programs.
Sec. 312. Officer promotion zones.
Sec. 313. Cross reference.
Sec. 314. Commissioned service retirement.
Sec. 315. Leave for birth or adoption of child.
Sec. 316. Clothing at time of discharge.
Sec. 317. Unfunded priorities list.
Sec. 318. Safety of vessels of the Armed Forces.
Sec. 319. Air facilities.
TITLE IV--PORTS AND WATERWAYS SAFETY
Sec. 401. Codification of Ports and Waterways Safety Act.
Sec. 402. Conforming amendments.
Sec. 403. Transitional and savings provisions.
Sec. 404. Rule of construction.
Sec. 405. Advisory committee: repeal.
Sec. 406. Regattas and marine parades.
Sec. 407. Regulation of vessels in territorial waters of United States.
Sec. 408. Port, harbor, and coastal facility security.
TITLE V--MARITIME TRANSPORTATION SAFETY
Sec. 501. Consistency in marine inspections.
Sec. 502. Uninspected passenger vessels in St. Louis County, Minnesota.
Sec. 503. Engine cut-off switch requirements.
Sec. 504. Exception from survival craft requirements.
Sec. 505. Safety standards.
Sec. 506. Fishing safety grants.
Sec. 507. Fishing, fish tender, and fish processing vessel
certification.
Sec. 508. Deadline for compliance with alternate safety compliance
program.
Sec. 509. Termination of unsafe operations; technical correction.
Sec. 510. Technical corrections: Licenses, certificates of registry,
and merchant mariner documents.
Sec. 511. Clarification of logbook entries.
Sec. 512. Certificates of documentation for recreational vessels.
Sec. 513. Numbering for undocumented barges.
Sec. 514. Backup national timing system.
Sec. 515. Scientific personnel.
Sec. 516. Transparency.
TITLE VI--ADVISORY COMMITTEES
Sec. 601. National maritime transportation advisory committees.
Sec. 602. Maritime Security Advisory Committees.
TITLE VII--FEDERAL MARITIME COMMISSION
Sec. 701. Short title.
Sec. 702. Authorization of appropriations.
Sec. 703. Reporting on impact of alliances on competition.
Sec. 704. Definition of certain covered services.
Sec. 705. Reports filed with the Commission.
Sec. 706. Public participation.
Sec. 707. Ocean transportation intermediaries.
Sec. 708. Common carriers.
Sec. 709. Negotiations.
Sec. 710. Injunctive relief sought by the Commission.
Sec. 711. Discussions.
Sec. 712. Transparency.
Sec. 713. Study of bankruptcy preparation and response.
Sec. 714. Agreements unaffected.
TITLE VIII--MISCELLANEOUS
Sec. 801. Repeal of obsolete reporting requirement.
Sec. 802. Corrections to provisions enacted by Coast Guard
Authorization Acts.
Sec. 803. Officer evaluation report.
Sec. 804. Extension of authority.
Sec. 805. Coast Guard ROTC program.
Sec. 806. Currency detection canine team program.
Sec. 807. Center of expertise for Great Lakes oil spill search and
response.
Sec. 808. Public safety answering points and maritime search and rescue
coordination.
Sec. 809. Ship shoal lighthouse transfer: repeal.
Sec. 810. Land exchange, Ayakulik Island, Alaska.
Sec. 811. Use of Tract 43.
Sec. 812. Coast Guard maritime domain awareness.
Sec. 813. Monitoring.
Sec. 814. Reimbursements for non-Federal construction costs of certain
aids to navigation.
Sec. 815. Towing safety management system fees.
Sec. 816. Oil spill disbursements auditing and report.
Sec. 817. Fleet requirements assessment and strategy.
Sec. 818. National Security Cutter.
Sec. 819. Acquisition plan for inland waterway and river tenders and
bay-class icebreakers.
Sec. 820. Great Lakes icebreaker acquisition.
Sec. 821. Polar icebreakers.
Sec. 822. Strategic assets in the Arctic.
Sec. 823. Arctic planning criteria.
Sec. 824. Vessel response plan audit.
Sec. 825. Waters deemed not navigable waters of the United States for
certain purposes.
Sec. 826. Documentation of recreational vessels.
Sec. 827. Equipment requirements; exemption from throwable personal
flotation devices requirement.
Sec. 828. Visual distress signals and alternative use.
Sec. 829. Radar refresher training.
Sec. 830. Commercial fishing vessel safety national communications
plan.
Sec. 831. Atlantic Coast port access route study recommendations.
Sec. 832. Drawbridges.
Sec. 833. Waiver.
Sec. 834. Fire-retardant materials.
Sec. 835. Vessel waiver.
Sec. 836. Temporary limitations.
Sec. 837. Transfer of Coast Guard property in Jupiter Island, Florida,
for inclusion in Hobe Sound National
Wildlife Refuge.
Sec. 838. Emergency response.
Sec. 839. Drawbridges consultation.
TITLE IX--VESSEL INCIDENTAL DISCHARGE ACT
Sec. 901. Short title.
Sec. 902. Purposes; findings.
Sec. 903. Standards for discharges incidental to normal operation of
vessels.
TITLE X--HYDROGRAPHIC SERVICES AND OTHER MATTERS
Sec. 1001. Reauthorization of Hydrographic Services Improvement Act of
1998.
Sec. 1002. System for tracking and reporting all-inclusive cost of
hydrographic surveys.
Sec. 1003. Homeport of certain research vessels.
TITLE I--REORGANIZATION OF TITLE 14, UNITED STATES CODE
SEC. 101. INITIAL MATTER.
Title 14, United States Code, is amended by striking the title
designation, the title heading, and the table of parts at the beginning
and inserting the following:
``TITLE 14--COAST GUARD
``Subtitle Sec.
``I. Establishment, Powers, Duties, and Administration...... 101
``II. Personnel............................................. 1901
``III. Coast Guard Reserve and Auxiliary.................... 3701
``IV. Coast Guard Authorizations and Reports to Congress.... 4901''.
SEC. 102. SUBTITLE I.
Part I of title 14, United States Code, is amended by striking the
part designation, the part heading, and the table of chapters at the
beginning and inserting the following:
``Subtitle I--Establishment, Powers, Duties, and Administration
``Chap. Sec.
``1. Establishment and Duties............................... 101
``3. Composition and Organization........................... 301
``5. Functions and Powers................................... 501
``7. Cooperation............................................ 701
``9. Administration......................................... 901
``11. Acquisitions.......................................... 1101''.
SEC. 103. CHAPTER 1.
(a) Initial Matter.--Chapter 1 of title 14, United States Code, is
amended by striking the chapter designation, the chapter heading, and
the table of sections at the beginning and inserting the following:
``CHAPTER 1--ESTABLISHMENT AND DUTIES
``Sec.
``101. Establishment of Coast Guard.
``102. Primary duties.
``103. Department in which the Coast Guard operates.
``104. Removing restrictions.
``105. Secretary defined.
``106. Commandant defined.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 1 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
1 Establishment of Coast Guard.............. 101
------------------------------------------------------------------------
2 Primary duties............................ 102
------------------------------------------------------------------------
3 Department in which the Coast Guard 103
operates.................................
------------------------------------------------------------------------
652 Removing restrictions..................... 104
------------------------------------------------------------------------
4 Secretary defined......................... 105
------------------------------------------------------------------------
5 Commandant defined........................ 106
------------------------------------------------------------------------
SEC. 104. CHAPTER 3.
(a) Initial Matter.--Chapter 3 of title 14, United States Code, is
amended by striking the chapter designation, the chapter heading, and
the table of sections at the beginning and inserting the following:
``CHAPTER 3--COMPOSITION AND ORGANIZATION
``Sec.
``301. Grades and ratings.
``302. Commandant; appointment.
``303. Retirement of Commandant or Vice Commandant.
``304. Vice Commandant; appointment.
``305. Vice admirals.
``306. Retirement.
``307. Vice admirals and admiral, continuity of grade.
``308. Chief Acquisition Officer.
``309. Office of the Coast Guard Reserve; Director.
``310. Chief of Staff to President: appointment.
``311. Captains of the port.
``312. Prevention and response workforces.
``313. Centers of expertise for Coast Guard prevention and response.
``314. Marine industry training program.
``315. Training course on workings of Congress.
``316. National Coast Guard Museum.
``317. United States Coast Guard Band; composition; director.
``318. Environmental Compliance and Restoration Program.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 3 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
41 Grades and ratings........................ 301
------------------------------------------------------------------------
44 Commandant; appointment................... 302
------------------------------------------------------------------------
46 Retirement of Commandant or Vice 303
Commandant...............................
------------------------------------------------------------------------
47 Vice Commandant; appointment.............. 304
------------------------------------------------------------------------
50 Vice admirals............................. 305
------------------------------------------------------------------------
51 Retirement................................ 306
------------------------------------------------------------------------
52 Vice admirals and admiral, continuity of 307
grade....................................
------------------------------------------------------------------------
56 Chief Acquisition Officer................. 308
------------------------------------------------------------------------
53 Office of the Coast Guard Reserve; 309
Director.................................
------------------------------------------------------------------------
54 Chief of Staff to President: appointment.. 310
------------------------------------------------------------------------
57 Prevention and response workforces........ 312
------------------------------------------------------------------------
58 Centers of expertise for Coast Guard 313
prevention and response..................
------------------------------------------------------------------------
59 Marine industry training program.......... 314
------------------------------------------------------------------------
60 Training course on workings of Congress... 315
------------------------------------------------------------------------
98 National Coast Guard Museum............... 316
------------------------------------------------------------------------
336 United States Coast Guard Band; 317
composition; director....................
------------------------------------------------------------------------
(c) Additional Changes.--
(1) In general.--Chapter 3 of title 14, United States Code,
is further amended--
(A) by inserting after section 310 (as so
redesignated and transferred under subsection (b)) the
following:
``Sec. 311. Captains of the port
``Any officer, including any petty officer, may be designated by
the Commandant as captain of the port or ports or adjacent high seas or
waters over which the United States has jurisdiction, as the Commandant
deems necessary to facilitate execution of Coast Guard duties.''; and
(B) by inserting after section 317 (as so
redesignated and transferred under subsection (b)) the
following:
``Sec. 318. Environmental Compliance and Restoration Program
``(a) Definitions.--For the purposes of this section--
``(1) `environment', `facility', `person', `release',
`removal', `remedial', and `response' have the same meaning
they have in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9601);
``(2) `hazardous substance' has the same meaning it has in
section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601), except that
it also includes the meaning given `oil' in section 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1321); and
``(3) `pollutant' has the same meaning it has in section
502 of the Federal Water Pollution Control Act (33 U.S.C.
1362).
``(b) Program.--
``(1) The Secretary shall carry out a program of
environmental compliance and restoration at current and former
Coast Guard facilities.
``(2) Program goals include:
``(A) Identifying, investigating, and cleaning up
contamination from hazardous substances and pollutants.
``(B) Correcting other environmental damage that
poses an imminent and substantial danger to the public
health or welfare or to the environment.
``(C) Demolishing and removing unsafe buildings and
structures, including buildings and structures at
former Coast Guard facilities.
``(D) Preventing contamination from hazardous
substances and pollutants at current Coast Guard
facilities.
``(3)(A) The Secretary shall respond to releases of
hazardous substances and pollutants--
``(i) at each Coast Guard facility the United
States owns, leases, or otherwise possesses;
``(ii) at each Coast Guard facility the United
States owned, leased, or otherwise possessed when the
actions leading to contamination from hazardous
substances or pollutants occurred; and
``(iii) on each vessel the Coast Guard owns or
operates.
``(B) Subparagraph (A) of this paragraph does not apply to
a removal or remedial action when a potentially responsible
person responds under section 122 of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9622).
``(C) The Secretary shall pay a fee or charge imposed by a
State authority for permit services for disposing of hazardous
substances or pollutants from Coast Guard facilities to the
same extent that nongovernmental entities are required to pay
for permit services. This subparagraph does not apply to a
payment that is the responsibility of a lessee, contractor, or
other private person.
``(4) The Secretary may agree with another Federal agency
for that agency to assist in carrying out the Secretary's
responsibilities under this section. The Secretary may enter
into contracts, cooperative agreements, and grant agreements
with State and local governments to assist in carrying out the
Secretary's responsibilities under this section. Services that
may be obtained under this paragraph include identifying,
investigating, and cleaning up off-site contamination that may
have resulted from the release of a hazardous substance or
pollutant at a Coast Guard facility.
``(5) Section 119 of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9619)
applies to response action contractors that carry out response
actions under this section. The Coast Guard shall indemnify
response action contractors to the extent that adequate
insurance is not generally available at a fair price at the
time the contractor enters into the contract to cover the
contractor's reasonable, potential, long-term liability.
``(c) Amounts Recovered for Response Actions.--
``(1) All sums appropriated to carry out the Coast Guard's
environmental compliance and restoration functions under this
section or another law shall be credited or transferred to an
appropriate Coast Guard account, as determined by the
Commandant and remain available until expended.
``(2) Funds may be obligated or expended from such account
to carry out the Coast Guard's environmental compliance and
restoration functions under this section or another law.
``(3) In proposing the budget for any fiscal year under
section 1105 of title 31, the President shall set forth
separately the amount requested for the Coast Guard's
environmental compliance and restoration activities under this
section or another law.
``(4) Amounts recovered under section 107 of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9607) for the Secretary's response
actions at current and former Coast Guard facilities shall be
credited to an appropriate Coast Guard account, as determined
by the Commandant.
``(d) Annual List of Projects to Congress.--The Commandant shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a prioritized list of projects eligible
for environmental compliance and restoration funding for each fiscal
year concurrent with the President's budget submission for that fiscal
year.''.
(2) Conforming repeals.--Sections 634, 690, 691, 692, and
693 of title 14, United States Code, are repealed.
SEC. 105. CHAPTER 5.
(a) Initial Matter.--Chapter 5 of title 14, United States Code, is
amended by striking the chapter designation, the chapter heading, and
the table of sections at the beginning and inserting the following:
``CHAPTER 5--FUNCTIONS AND POWERS
``subchapter i--general powers
``Sec.
``501. Secretary; general powers.
``502. Delegation of powers by the Secretary.
``503. Regulations.
``504. Commandant; general powers.
``505. Functions and powers vested in the Commandant.
``506. Prospective payment of funds necessary to provide medical care.
``507. Appointment of judges.
``subchapter ii--life saving and law enforcement authorities
``521. Saving life and property.
``522. Law enforcement.
``523. Enforcement authority.
``524. Enforcement of coastwise trade laws.
``525. Special agents of the Coast Guard Investigative Service law
enforcement authority.
``526. Stopping vessels; indemnity for firing at or into vessel.
``527. Safety of naval vessels.
``528. Protecting against unmanned aircraft.
``subchapter iii--aids to navigation
``541. Aids to navigation authorized.
``542. Unauthorized aids to maritime navigation; penalty.
``543. Interference with aids to navigation; penalty.
``544. Aids to maritime navigation; penalty.
``545. Marking of obstructions.
``546. Deposit of damage payments.
``547. Rewards for apprehension of persons interfering with aids to
navigation.
``subchapter iv--miscellaneous
``561. Icebreaking in polar regions.
``562. Appeals and waivers.
``563. Notification of certain determinations.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 5 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
92 Secretary; general powers................. 501
------------------------------------------------------------------------
631 Delegation of powers by the Secretary..... 502
------------------------------------------------------------------------
633 Regulations............................... 503
------------------------------------------------------------------------
93 Commandant; general powers................ 504
------------------------------------------------------------------------
632 Functions and powers vested in the 505
Commandant...............................
------------------------------------------------------------------------
520 Prospective payment of funds necessary to 506
provide medical care.....................
------------------------------------------------------------------------
153 Appointment of judges..................... 507
------------------------------------------------------------------------
88 Saving life and property.................. 521
------------------------------------------------------------------------
89 Law enforcement........................... 522
------------------------------------------------------------------------
99 Enforcement authority..................... 523
------------------------------------------------------------------------
100 Enforcement of coastwise trade laws....... 524
------------------------------------------------------------------------
95 Special agents of the Coast Guard 525
Investigative Service law enforcement
authority................................
------------------------------------------------------------------------
637 Stopping vessels; indemnity for firing at 526
or into vessel...........................
------------------------------------------------------------------------
91 Safety of naval vessels................... 527
------------------------------------------------------------------------
104 Protecting against unmanned aircraft...... 528
------------------------------------------------------------------------
81 Aids to navigation authorized............. 541
------------------------------------------------------------------------
83 Unauthorized aids to maritime navigation; 542
penalty..................................
------------------------------------------------------------------------
84 Interference with aids to navigation; 543
penalty..................................
------------------------------------------------------------------------
85 Aids to maritime navigation; penalty...... 544
------------------------------------------------------------------------
86 Marking of obstructions................... 545
------------------------------------------------------------------------
642 Deposit of damage payments................ 546
------------------------------------------------------------------------
643 Rewards for apprehension of persons 547
interfering with aids to navigation......
------------------------------------------------------------------------
87 Icebreaking in polar regions.............. 561
------------------------------------------------------------------------
101 Appeals and waivers....................... 562
------------------------------------------------------------------------
103 Notification of certain determinations.... 563
------------------------------------------------------------------------
(c) Additional Changes.--Chapter 5 of title 14, United States Code,
is further amended--
(1) by inserting before section 501 (as so redesignated and
transferred under subsection (b)) the following:
``SUBCHAPTER I--GENERAL POWERS'';
(2) by inserting before section 521 (as so redesignated and
transferred under subsection (b)) the following:
``SUBCHAPTER II--LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES'';
(3) by inserting before section 541 (as so redesignated and
transferred under subsection (b)) the following:
``SUBCHAPTER III--AIDS TO NAVIGATION'';
and
(4) by inserting before section 561 (as so redesignated and
transferred under subsection (b)) the following:
``SUBCHAPTER IV--MISCELLANEOUS''.
SEC. 106. CHAPTER 7.
(a) Initial Matter.--Chapter 7 of title 14, United States Code, is
amended by striking the chapter designation, the chapter heading, and
the table of sections at the beginning and inserting the following:
``CHAPTER 7--COOPERATION
``Sec.
``701. Cooperation with other agencies, States, territories, and
political subdivisions.
``702. State Department.
``703. Treasury Department.
``704. Department of the Army and Department of the Air Force.
``705. Navy Department.
``706. United States Postal Service.
``707. Department of Commerce.
``708. Department of Health and Human Services.
``709. Maritime instruction.
``710. Assistance to foreign governments and maritime authorities.
``711. Coast Guard officers as attaches to missions.
``712. Contracts with Government-owned establishments for work and
material.
``713. Nonappropriated fund instrumentalities: contracts with other
agencies and instrumentalities to provide
or obtain goods and services.
``714. Arctic maritime domain awareness.
``715. Oceanographic research.
``716. Arctic maritime transportation.
``717. Agreements.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 7 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
141 Cooperation with other agencies, States, 701
territories, and political subdivisions..
------------------------------------------------------------------------
142 State Department.......................... 702
------------------------------------------------------------------------
143 Treasury Department....................... 703
------------------------------------------------------------------------
144 Department of the Army and Department of 704
the Air Force............................
------------------------------------------------------------------------
145 Navy Department........................... 705
------------------------------------------------------------------------
146 United States Postal Service.............. 706
------------------------------------------------------------------------
147 Department of Commerce.................... 707
------------------------------------------------------------------------
147a Department of Health and Human Services... 708
------------------------------------------------------------------------
148 Maritime instruction...................... 709
------------------------------------------------------------------------
149 Assistance to foreign governments and 710
maritime authorities.....................
------------------------------------------------------------------------
150 Coast Guard officers as attaches to 711
missions.................................
------------------------------------------------------------------------
151 Contracts with Government-owned 712
establishments for work and material.....
------------------------------------------------------------------------
152 Nonappropriated fund instrumentalities: 713
contracts with other agencies and
instrumentalities to provide or obtain
goods and services.......................
------------------------------------------------------------------------
154 Arctic maritime domain awareness.......... 714
------------------------------------------------------------------------
94 Oceanographic research.................... 715
------------------------------------------------------------------------
90 Arctic maritime transportation............ 716
------------------------------------------------------------------------
102 Agreements................................ 717
------------------------------------------------------------------------
SEC. 107. CHAPTER 9.
(a) Initial Matter.--Chapter 9 of title 14, United States Code, is
amended by striking the chapter designation, the chapter heading, and
the table of sections at the beginning and inserting the following:
``CHAPTER 9--ADMINISTRATION
``subchapter i--real and personal property
``Sec.
``901. Disposal of certain material.
``902. Employment of draftsmen and engineers.
``903. Use of certain appropriated funds.
``904. Local hire.
``905. Procurement authority for family housing.
``906. Air Station Cape Cod Improvements.
``907. Long-term lease of special purpose facilities.
``908. Long-term lease authority for lighthouse property.
``909. Small boat station rescue capability.
``910. Small boat station closures.
``911. Search and rescue center standards.
``912. Air facility closures.
``913. Turnkey selection procedures.
``914. Disposition of infrastructure related to E-LORAN.
``subchapter ii--miscellaneous
``931. Oaths required for boards.
``932. Administration of oaths.
``933. Coast Guard ensigns and pennants.
``934. Penalty for unauthorized use of words `Coast Guard'.
``935. Coast Guard band recordings for commercial sale.
``936. Confidentiality of medical quality assurance records; qualified
immunity for participants.
``937. Admiralty claims against the United States.
``938. Claims for damage to property of the United States.
``939. Accounting for industrial work.
``940. Supplies and equipment from stock.
``941. Coast Guard Supply Fund.
``942. Public and commercial vessels and other watercraft; sale of
fuel, supplies, and services.
``943. Arms and ammunition; immunity from taxation.
``944. Confidential investigative expenses.
``945. Assistance to film producers.
``946. User fees.
``947. Vessel construction bonding requirements.
``948. Contracts for medical care for retirees, dependents, and
survivors: alternative delivery of health
care.
``949. Telephone installation and charges.
``950. Designation, powers, and accountability of deputy disbursing
officials.
``951. Aircraft accident investigations.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 9 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
641 Disposal of certain material.............. 901
------------------------------------------------------------------------
653 Employment of draftsmen and engineers..... 902
------------------------------------------------------------------------
656 Use of certain appropriated funds......... 903
------------------------------------------------------------------------
666 Local hire................................ 904
------------------------------------------------------------------------
670 Procurement authority for family housing.. 905
------------------------------------------------------------------------
671 Air Station Cape Cod Improvements......... 906
------------------------------------------------------------------------
672 Long-term lease of special purpose 907
facilities...............................
------------------------------------------------------------------------
672a Long-term lease authority for lighthouse 908
property.................................
------------------------------------------------------------------------
674 Small boat station rescue capability...... 909
------------------------------------------------------------------------
675 Small boat station closures............... 910
------------------------------------------------------------------------
676 Search and rescue center standards........ 911
------------------------------------------------------------------------
676a Air facility closures..................... 912
------------------------------------------------------------------------
677 Turnkey selection procedures.............. 913
------------------------------------------------------------------------
681 Disposition of infrastructure related to E- 914
LORAN....................................
------------------------------------------------------------------------
635 Oaths required for boards................. 931
------------------------------------------------------------------------
636 Administration of oaths................... 932
------------------------------------------------------------------------
638 Coast Guard ensigns and pennants.......... 933
------------------------------------------------------------------------
639 Penalty for unauthorized use of words 934
``Coast Guard''..........................
------------------------------------------------------------------------
640 Coast Guard band recordings for commercial 935
sale.....................................
------------------------------------------------------------------------
645 Confidentiality of medical quality 936
assurance records; qualified immunity for
participants.............................
------------------------------------------------------------------------
646 Admiralty claims against the United States 937
------------------------------------------------------------------------
647 Claims for damage to property of the 938
United States............................
------------------------------------------------------------------------
648 Accounting for industrial work............ 939
------------------------------------------------------------------------
649 Supplies and equipment from stock......... 940
------------------------------------------------------------------------
650 Coast Guard Supply Fund................... 941
------------------------------------------------------------------------
654 Public and commercial vessels and other 942
watercraft; sale of fuel, supplies, and
services.................................
------------------------------------------------------------------------
655 Arms and ammunition; immunity from 943
taxation.................................
------------------------------------------------------------------------
658 Confidential investigative expenses....... 944
------------------------------------------------------------------------
659 Assistance to film producers.............. 945
------------------------------------------------------------------------
664 User fees................................. 946
------------------------------------------------------------------------
667 Vessel construction bonding requirements.. 947
------------------------------------------------------------------------
668 Contracts for medical care for retirees, 948
dependents, and survivors: alternative
delivery of health care..................
------------------------------------------------------------------------
669 Telephone installation and charges........ 949
------------------------------------------------------------------------
673 Designation, powers, and accountability of 950
deputy disbursing officials..............
------------------------------------------------------------------------
678 Aircraft accident investigations.......... 951
------------------------------------------------------------------------
(c) Additional Changes.--Chapter 9 of title 14, United States Code,
is further amended--
(1) by inserting before section 901 (as so redesignated and
transferred under subsection (b)) the following:
``SUBCHAPTER I--REAL AND PERSONAL PROPERTY'';
and
(2) by inserting before section 931 (as so redesignated and
transferred under subsection (b)) the following:
``SUBCHAPTER II--MISCELLANEOUS''.
SEC. 108. CHAPTER 11.
(a) Initial Matter.--Chapter 11 of title 14, United States Code, is
amended by striking the chapter designation, the chapter heading, and
the table of sections at the beginning and inserting the following:
``CHAPTER 11--ACQUISITIONS
``subchapter i--general provisions
``Sec.
``1101. Acquisition directorate.
``1102. Improvements in Coast Guard acquisition management.
``1103. Role of Vice Commandant in major acquisition programs.
``1104. Recognition of Coast Guard personnel for excellence in
acquisition.
``1105. Prohibition on use of lead systems integrators.
``1106. Required contract terms.
``1107. Extension of major acquisition program contracts.
``1108. Department of Defense consultation.
``1109. Undefinitized contractual actions.
``1110. Mission need statement.
``subchapter ii--improved acquisition process and procedures
``1131. Identification of major system acquisitions.
``1132. Acquisition.
``1133. Preliminary development and demonstration.
``1134. Acquisition, production, deployment, and support.
``1135. Acquisition program baseline breach.
``1136. Acquisition approval authority.
``subchapter iii--procurement
``1151. Restriction on construction of vessels in foreign shipyards.
``1152. Advance procurement funding.
``1153. Prohibition on overhaul, repair, and maintenance of Coast Guard
vessels in foreign shipyards.
``1154. Procurement of buoy chain.
``1155. Contract termination.
``subchapter iv--definitions
``1171. Definitions.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 11 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
561 Acquisition directorate................... 1101
------------------------------------------------------------------------
562 Improvements in Coast Guard acquisition 1102
management...............................
------------------------------------------------------------------------
578 Role of Vice Commandant in major 1103
acquisition programs.....................
------------------------------------------------------------------------
563 Recognition of Coast Guard personnel for 1104
excellence in acquisition................
------------------------------------------------------------------------
564 Prohibition on use of lead systems 1105
integrators..............................
------------------------------------------------------------------------
565 Required contract terms................... 1106
------------------------------------------------------------------------
579 Extension of major acquisition program 1107
contracts................................
------------------------------------------------------------------------
566 Department of Defense consultation........ 1108
------------------------------------------------------------------------
567 Undefinitized contractual actions......... 1109
------------------------------------------------------------------------
569 Mission need statement.................... 1110
------------------------------------------------------------------------
571 Identification of major system 1131
acquisitions.............................
------------------------------------------------------------------------
572 Acquisition............................... 1132
------------------------------------------------------------------------
573 Preliminary development and demonstration. 1133
------------------------------------------------------------------------
574 Acquisition, production, deployment, and 1134
support..................................
------------------------------------------------------------------------
575 Acquisition program baseline breach....... 1135
------------------------------------------------------------------------
576 Acquisition approval authority............ 1136
------------------------------------------------------------------------
665 Restriction on construction of vessels in 1151
foreign shipyards........................
------------------------------------------------------------------------
577 Advance procurement funding............... 1152
------------------------------------------------------------------------
96 Prohibition on overhaul, repair, and 1153
maintenance of Coast Guard vessels in
foreign shipyards........................
------------------------------------------------------------------------
97 Procurement of buoy chain................. 1154
------------------------------------------------------------------------
657 Contract termination...................... 1155
------------------------------------------------------------------------
581 Definitions............................... 1171
------------------------------------------------------------------------
(c) Additional Changes.--Chapter 11 of title 14, United States
Code, is further amended--
(1) by striking all subdivision designations and headings
in such chapter, except for--
(A) the chapter designation and heading added by
subsection (a);
(B) the subchapter designations and headings added
by this subsection; and
(C) any designation or heading of a section or a
subdivision of a section;
(2) by inserting before section 1101 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER I--GENERAL PROVISIONS'';
(3) by inserting before section 1131 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES'';
(4) by inserting before section 1151 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER III--PROCUREMENT'';
and
(5) by inserting before section 1171 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER IV--DEFINITIONS''.
SEC. 109. SUBTITLE II.
(a) Initial Matter.--Title 14, United States Code, is further
amended by inserting after chapter 11 (as amended by section 108) the
following:
``Subtitle II--Personnel
``Chap. Sec.
``19. Coast Guard Academy................................... 1901
``21. Personnel; Officers................................... 2101
``23. Personnel; Enlisted................................... 2301
``25. Personnel; General Provisions......................... 2501
``27. Pay, Allowances, Awards, and Other Rights and Benefits 2701
``29. Coast Guard Family Support, Child Care, and Housing... 2901''.
(b) Reserved Chapter Numbers.--
(1) Chapter 13.--Chapter 13 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning.
(2) Chapter 14.--Chapter 14 of title 14, United States
Code, is amended--
(A) by striking the chapter designation, the
chapter heading, and the table of sections at the
beginning; and
(B) by striking the subchapter designation and the
subchapter heading for each of the subchapters of such
chapter.
(3) Chapter 15.--Chapter 15 of title 14, United States
Code, is amended--
(A) by striking the chapter designation, the
chapter heading, and the table of sections at the
beginning; and
(B) by striking the subchapter designation and the
subchapter heading for each of the subchapters of such
chapter.
(4) Chapter 17.--Chapter 17 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning.
(5) Chapter 18.--Chapter 18 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning.
SEC. 110. CHAPTER 19.
(a) Initial Matter.--Chapter 19 of title 14, United States Code, is
amended by striking the chapter designation, the chapter heading, and
the table of sections at the beginning and inserting the following:
``CHAPTER 19--COAST GUARD ACADEMY
``subchapter i--administration
``Sec.
``1901. Administration of Academy.
``1902. Policy on sexual harassment and sexual violence.
``1903. Annual Board of Visitors.
``1904. Participation in Federal, State, or other educational research
grants.
``subchapter ii--cadets
``1921. Corps of Cadets authorized strength.
``1922. Appointments.
``1923. Admission of foreign nationals for instruction; restrictions;
conditions.
``1924. Conduct.
``1925. Agreement.
``1926. Cadet applicants; preappointment travel to Academy.
``1927. Cadets; initial clothing allowance.
``1928. Cadets; degree of bachelor of science.
``1929. Cadets; appointment as ensign.
``1930. Cadets: charges and fees for attendance; limitation.
``subchapter iii--faculty
``1941. Civilian teaching staff.
``1942. Permanent commissioned teaching staff; composition.
``1943. Appointment of permanent commissioned teaching staff.
``1944. Grade of permanent commissioned teaching staff.
``1945. Retirement of permanent commissioned teaching staff.
``1946. Credit for service as member of civilian teaching staff.
``1947. Assignment of personnel as instructors.
``1948. Marine safety curriculum.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 19 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
181 Administration of Academy................. 1901
------------------------------------------------------------------------
200 Policy on sexual harassment and sexual 1902
violence.................................
------------------------------------------------------------------------
194 Annual Board of Visitors.................. 1903
------------------------------------------------------------------------
196 Participation in Federal, State, or other 1904
educational research grants..............
------------------------------------------------------------------------
195 Admission of foreign nationals for 1923
instruction; restrictions; conditions....
------------------------------------------------------------------------
181a Cadet applicants; preappointment travel to 1926
Academy..................................
------------------------------------------------------------------------
183 Cadets; initial clothing allowance........ 1927
------------------------------------------------------------------------
184 Cadets; degree of bachelor of science..... 1928
------------------------------------------------------------------------
185 Cadets; appointment as ensign............. 1929
------------------------------------------------------------------------
197 Cadets: charges and fees for attendance; 1930
limitation...............................
------------------------------------------------------------------------
186 Civilian teaching staff................... 1941
------------------------------------------------------------------------
187 Permanent commissioned teaching staff; 1942
composition..............................
------------------------------------------------------------------------
188 Appointment of permanent commissioned 1943
teaching staff...........................
------------------------------------------------------------------------
189 Grade of permanent commissioned teaching 1944
staff....................................
------------------------------------------------------------------------
190 Retirement of permanent commissioned 1945
teaching staff...........................
------------------------------------------------------------------------
191 Credit for service as member of civilian 1946
teaching staff...........................
------------------------------------------------------------------------
192 Assignment of personnel as instructors.... 1947
------------------------------------------------------------------------
199 Marine safety curriculum.................. 1948
------------------------------------------------------------------------
(c) Additional Changes.--
(1) In general.--Chapter 19 of title 14, United States
Code, is further amended--
(A) by inserting before section 1901 (as so
redesignated and transferred under subsection (b)) the
following:
``SUBCHAPTER I--ADMINISTRATION'';
(B) by inserting before section 1923 (as so
redesignated and transferred under subsection (b)) the
following:
``SUBCHAPTER II--CADETS
``Sec. 1921. Corps of Cadets authorized strength
``The number of cadets appointed annually to the Academy shall be
as determined by the Secretary but the number appointed in any one year
shall not exceed six hundred.
``Sec. 1922. Appointments
``Appointments to cadetships shall be made under regulations
prescribed by the Secretary, who shall determine age limits, methods of
selection of applicants, term of service as a cadet before graduation,
and all other matters affecting such appointments. In the
administration of this section, the Secretary shall take such action as
may be necessary and appropriate to insure that female individuals
shall be eligible for appointment and admission to the Coast Guard
Academy, and that the relevant standards required for appointment,
admission, training, graduation, and commissioning of female
individuals shall be the same as those required for male individuals,
except for those minimum essential adjustments in such standards
required because of physiological differences between male and female
individuals.'';
(C) by inserting before section 1926 (as so
redesignated and transferred under subsection (b)) the
following:
``Sec. 1924. Conduct
``The Secretary may summarily dismiss from the Coast Guard any
cadet who, during his cadetship, is found unsatisfactory in either
studies or conduct, or may be deemed not adapted for a career in the
Coast Guard. Cadets shall be subject to rules governing discipline
prescribed by the Commandant.
``Sec. 1925. Agreement
``(a) Each cadet shall sign an agreement with respect to the
cadet's length of service in the Coast Guard. The agreement shall
provide that the cadet agrees to the following:
``(1) That the cadet will complete the course of
instruction at the Coast Guard Academy.
``(2) That upon graduation from the Coast Guard Academy the
cadet--
``(A) will accept an appointment, if tendered, as a
commissioned officer of the Coast Guard; and
``(B) will serve on active duty for at least five
years immediately after such appointment.
``(3) That if an appointment described in paragraph (2) is
not tendered or if the cadet is permitted to resign as a
regular officer before the completion of the commissioned
service obligation of the cadet, the cadet--
``(A) will accept an appointment as a commissioned
officer in the Coast Guard Reserve; and
``(B) will remain in that reserve component until
completion of the commissioned service obligation of
the cadet.
``(b)(1) The Secretary may transfer to the Coast Guard Reserve, and
may order to active duty for such period of time as the Secretary
prescribes (but not to exceed four years), a cadet who breaches an
agreement under subsection (a). The period of time for which a cadet is
ordered to active duty under this paragraph may be determined without
regard to section 651(a) of title 10.
``(2) A cadet who is transferred to the Coast Guard Reserve under
paragraph (1) shall be transferred in an appropriate enlisted grade or
rating, as determined by the Secretary.
``(3) For the purposes of paragraph (1), a cadet shall be
considered to have breached an agreement under subsection (a) if the
cadet is separated from the Coast Guard Academy under circumstances
which the Secretary determines constitute a breach by the cadet of the
cadet's agreement to complete the course of instruction at the Coast
Guard Academy and accept an appointment as a commissioned officer upon
graduation from the Coast Guard Academy.
``(c) The Secretary shall prescribe regulations to carry out this
section. Those regulations shall include--
``(1) standards for determining what constitutes, for the
purpose of subsection (b), a breach of an agreement under
subsection (a);
``(2) procedures for determining whether such a breach has
occurred; and
``(3) standards for determining the period of time for
which a person may be ordered to serve on active duty under
subsection (b).
``(d) In this section, `commissioned service obligation', with
respect to an officer who is a graduate of the Academy, means the
period beginning on the date of the officer's appointment as a
commissioned officer and ending on the sixth anniversary of such
appointment or, at the discretion of the Secretary, any later date up
to the eighth anniversary of such appointment.
``(e)(1) This section does not apply to a cadet who is not a
citizen or national of the United States.
``(2) In the case of a cadet who is a minor and who has parents or
a guardian, the cadet may sign the agreement required by subsection (a)
only with the consent of the parent or guardian.
``(f) A cadet or former cadet who does not fulfill the terms of the
obligation to serve as specified under section (a), or the alternative
obligation imposed under subsection (b), shall be subject to the
repayment provisions of section 303a(e) of title 37.''; and
(D) by inserting before section 1941 (as so
redesignated and transferred under subsection (b)) the
following:
``SUBCHAPTER III--FACULTY''.
(2) Conforming repeal.--Section 182 of title 14, United
States Code, is repealed.
SEC. 111. PART II.
Part II of title 14, United States Code, is amended by striking the
part designation, the part heading, and the table of chapters at the
beginning.
SEC. 112. CHAPTER 21.
(a) Initial Matter.--Chapter 21 of title 14, United States Code, is
amended by striking the chapter designation, the chapter heading, and
the table of sections at the beginning and inserting the following:
``CHAPTER 21--PERSONNEL; OFFICERS
``subchapter i--appointment and promotion
``Sec.
``2101. Original appointment of permanent commissioned officers.
``2102. Active duty promotion list.
``2103. Number and distribution of commissioned officers on active duty
promotion list.
``2104. Appointment of temporary officers.
``2105. Rank of warrant officers.
``2106. Selection boards; convening of boards.
``2107. Selection boards; composition of boards.
``2108. Selection boards; notice of convening; communication with
board.
``2109. Selection boards; oath of members.
``2110. Number of officers to be selected for promotion.
``2111. Promotion zones.
``2112. Promotion year; defined.
``2113. Eligibility of officers for consideration for promotion.
``2114. United States Deputy Marshals in Alaska.
``2115. Selection boards; information to be furnished boards.
``2116. Officers to be recommended for promotion.
``2117. Selection boards; reports.
``2118. Selection boards; submission of reports.
``2119. Failure of selection for promotion.
``2120. Special selection boards; correction of errors.
``2121. Promotions; appointments.
``2122. Removal of officer from list of selectees for promotion.
``2123. Promotions; acceptance; oath of office.
``2124. Promotions; pay and allowances.
``2125. Wartime temporary service promotions.
``2126. Promotion of officers not included on active duty promotion
list.
``2127. Recall to active duty during war or national emergency.
``2128. Recall to active duty with consent of officer.
``2129. Aviation cadets; appointment as Reserve officers.
``subchapter ii--discharges; retirements; revocation of commissions;
separation for cause
``2141. Revocation of commissions during first five years of
commissioned service.
``2142. Regular lieutenants (junior grade); separation for failure of
selection for promotion.
``2143. Regular lieutenants; separation for failure of selection for
promotion; continuation.
``2144. Regular Coast Guard; officers serving under temporary
appointments.
``2145. Regular lieutenant commanders and commanders; retirement for
failure of selection for promotion.
``2146. Discharge in lieu of retirement; separation pay.
``2147. Regular warrant officers: separation pay.
``2148. Separation for failure of selection for promotion or
continuation; time of.
``2149. Regular captains; retirement.
``2150. Captains; continuation on active duty; involuntary retirement.
``2151. Rear admirals and rear admirals (lower half); continuation on
active duty; involuntary retirement.
``2152. Voluntary retirement after twenty years' service.
``2153. Voluntary retirement after thirty years' service.
``2154. Compulsory retirement.
``2155. Retirement for physical disability after selection for
promotion; grade in which retired.
``2156. Deferment of retirement or separation for medical reasons.
``2157. Flag officers.
``2158. Review of records of officers.
``2159. Boards of inquiry.
``2160. Boards of review.
``2161. Composition of boards.
``2162. Rights and procedures.
``2163. Removal of officer from active duty; action by Secretary.
``2164. Officers considered for removal; retirement or discharge;
separation benefits.
``2165. Relief of retired officer promoted while on active duty.
``subchapter iii--general provisions
``2181. Physical fitness of officers.
``2182. Multirater assessment of certain personnel.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 21 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
211 Original appointment of permanent 2101
commissioned officers....................
------------------------------------------------------------------------
41a Active duty promotion list................ 2102
------------------------------------------------------------------------
42 Number and distribution of commissioned 2103
officers on active duty promotion list...
------------------------------------------------------------------------
214 Appointment of temporary officers......... 2104
------------------------------------------------------------------------
215 Rank of warrant officers.................. 2105
------------------------------------------------------------------------
251 Selection boards; convening of boards..... 2106
------------------------------------------------------------------------
252 Selection boards; composition of boards... 2107
------------------------------------------------------------------------
253 Selection boards; notice of convening; 2108
communication with board.................
------------------------------------------------------------------------
254 Selection boards; oath of members......... 2109
------------------------------------------------------------------------
255 Number of officers to be selected for 2110
promotion................................
------------------------------------------------------------------------
256 Promotion zones........................... 2111
------------------------------------------------------------------------
256a Promotion year; defined................... 2112
------------------------------------------------------------------------
257 Eligibility of officers for consideration 2113
for promotion............................
------------------------------------------------------------------------
258 Selection boards; information to be 2115
furnished boards.........................
------------------------------------------------------------------------
259 Officers to be recommended for promotion.. 2116
------------------------------------------------------------------------
260 Selection boards; reports................. 2117
------------------------------------------------------------------------
261 Selection boards; submission of reports... 2118
------------------------------------------------------------------------
262 Failure of selection for promotion........ 2119
------------------------------------------------------------------------
263 Special selection boards; correction of 2120
errors...................................
------------------------------------------------------------------------
271 Promotions; appointments.................. 2121
------------------------------------------------------------------------
272 Removal of officer from list of selectees 2122
for promotion............................
------------------------------------------------------------------------
273 Promotions; acceptance; oath of office.... 2123
------------------------------------------------------------------------
274 Promotions; pay and allowances............ 2124
------------------------------------------------------------------------
275 Wartime temporary service promotions...... 2125
------------------------------------------------------------------------
276 Promotion of officers not included on 2126
active duty promotion list...............
------------------------------------------------------------------------
331 Recall to active duty during war or 2127
national emergency.......................
------------------------------------------------------------------------
332 Recall to active duty with consent of 2128
officer..................................
------------------------------------------------------------------------
373 Aviation cadets; appointment as Reserve 2129
officers.................................
------------------------------------------------------------------------
281 Revocation of commissions during first 2141
five years of commissioned service.......
------------------------------------------------------------------------
282 Regular lieutenants (junior grade); 2142
separation for failure of selection for
promotion................................
------------------------------------------------------------------------
283 Regular lieutenants; separation for 2143
failure of selection for promotion;
continuation.............................
------------------------------------------------------------------------
284 Regular Coast Guard; officers serving 2144
under temporary appointments.............
------------------------------------------------------------------------
285 Regular lieutenant commanders and 2145
commanders; retirement for failure of
selection for promotion..................
------------------------------------------------------------------------
286 Discharge in lieu of retirement; 2146
separation pay...........................
------------------------------------------------------------------------
286a Regular warrant officers: separation pay.. 2147
------------------------------------------------------------------------
287 Separation for failure of selection for 2148
promotion or continuation; time of.......
------------------------------------------------------------------------
288 Regular captains; retirement.............. 2149
------------------------------------------------------------------------
289 Captains; continuation on active duty; 2150
involuntary retirement...................
------------------------------------------------------------------------
290 Rear admirals and rear admirals (lower 2151
half); continuation on active duty;
involuntary retirement...................
------------------------------------------------------------------------
291 Voluntary retirement after twenty years' 2152
service..................................
------------------------------------------------------------------------
292 Voluntary retirement after thirty years' 2153
service..................................
------------------------------------------------------------------------
293 Compulsory retirement..................... 2154
------------------------------------------------------------------------
294 Retirement for physical disability after 2155
selection for promotion; grade in which
retired..................................
------------------------------------------------------------------------
295 Deferment of retirement or separation for 2156
medical reasons..........................
------------------------------------------------------------------------
296 Flag officers............................. 2157
------------------------------------------------------------------------
321 Review of records of officers............. 2158
------------------------------------------------------------------------
322 Boards of inquiry......................... 2159
------------------------------------------------------------------------
323 Boards of review.......................... 2160
------------------------------------------------------------------------
324 Composition of boards..................... 2161
------------------------------------------------------------------------
325 Rights and procedures..................... 2162
------------------------------------------------------------------------
326 Removal of officer from active duty; 2163
action by Secretary......................
------------------------------------------------------------------------
327 Officers considered for removal; 2164
retirement or discharge; separation
benefits.................................
------------------------------------------------------------------------
333 Relief of retired officer promoted while 2165
on active duty...........................
------------------------------------------------------------------------
335 Physical fitness of officers.............. 2181
------------------------------------------------------------------------
429 Multirater assessment of certain personnel 2182
------------------------------------------------------------------------
(c) Additional Changes.--Chapter 21 of title 14, United States
Code, is further amended--
(1) by striking all subchapter designations and headings in
such chapter, except for the subchapter designations and
headings added by this subsection;
(2) by inserting before section 2101 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER I--APPOINTMENT AND PROMOTION'';
(3) by inserting before section 2115 (as so redesignated
and transferred under subsection (b)) the following:
``Sec. 2114. United States Deputy Marshals in Alaska
``Commissioned officers may be appointed as United States Deputy
Marshals in Alaska.'';
(4) by inserting before section 2141 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER II--DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS;
SEPARATION FOR CAUSE'';
and
(5) by inserting before section 2181 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER III--GENERAL PROVISIONS''.
SEC. 113. CHAPTER 23.
(a) Initial Matter.--Chapter 23 of title 14, United States Code, is
amended by striking the chapter designation, the chapter heading, and
the table of sections at the beginning and inserting the following:
``CHAPTER 23--PERSONNEL; ENLISTED
``Sec.
``2301. Recruiting campaigns.
``2302. Enlistments; term, grade.
``2303. Promotion.
``2304. Compulsory retirement at age of sixty-two.
``2305. Voluntary retirement after thirty years' service.
``2306. Voluntary retirement after twenty years' service.
``2307. Retirement of enlisted members: increase in retired pay.
``2308. Recall to active duty during war or national emergency.
``2309. Recall to active duty with consent of member.
``2310. Relief of retired enlisted member promoted while on active
duty.
``2311. Retirement in cases where higher grade or rating has been held.
``2312. Extension of enlistments.
``2313. Retention beyond term of enlistment in case of disability.
``2314. Detention beyond term of enlistment.
``2315. Inclusion of certain conditions in enlistment contract.
``2316. Discharge within three months before expiration of enlistment.
``2317. Aviation cadets; procurement; transfer.
``2318. Aviation cadets; benefits.
``2319. Critical skill training bonus.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 23 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
350 Recruiting campaigns...................... 2301
------------------------------------------------------------------------
351 Enlistments; term, grade.................. 2302
------------------------------------------------------------------------
352 Promotion................................. 2303
------------------------------------------------------------------------
353 Compulsory retirement at age of sixty-two. 2304
------------------------------------------------------------------------
354 Voluntary retirement after thirty years' 2305
service..................................
------------------------------------------------------------------------
355 Voluntary retirement after twenty years' 2306
service..................................
------------------------------------------------------------------------
357 Retirement of enlisted members: increase 2307
in retired pay...........................
------------------------------------------------------------------------
359 Recall to active duty during war or 2308
national emergency.......................
------------------------------------------------------------------------
360 Recall to active duty with consent of 2309
member...................................
------------------------------------------------------------------------
361 Relief of retired enlisted member promoted 2310
while on active duty.....................
------------------------------------------------------------------------
362 Retirement in cases where higher grade or 2311
rating has been held.....................
------------------------------------------------------------------------
365 Extension of enlistments.................. 2312
------------------------------------------------------------------------
366 Retention beyond term of enlistment in 2313
case of disability.......................
------------------------------------------------------------------------
367 Detention beyond term of enlistment....... 2314
------------------------------------------------------------------------
369 Inclusion of certain conditions in 2315
enlistment contract......................
------------------------------------------------------------------------
370 Discharge within three months before 2316
expiration of enlistment.................
------------------------------------------------------------------------
371 Aviation cadets; procurement; transfer.... 2317
------------------------------------------------------------------------
372 Aviation cadets; benefits................. 2318
------------------------------------------------------------------------
374 Critical skill training bonus............. 2319
------------------------------------------------------------------------
SEC. 114. CHAPTER 25.
(a) Initial Matter.--Chapter 25 of title 14, United States Code, is
amended by striking the chapter designation, the chapter heading, and
the table of sections at the beginning and inserting the following:
``CHAPTER 25--PERSONNEL; GENERAL PROVISIONS
``subchapter i--general provisions
``Sec.
``2501. Grade on retirement.
``2502. Retirement.
``2503. Status of recalled personnel.
``2504. Computation of retired pay.
``2505. Limitations on retirement and retired pay.
``2506. Suspension of payment of retired pay of members who are absent
from the United States to avoid
prosecution.
``2507. Board for Correction of Military Records deadline.
``2508. Emergency leave retention authority.
``2509. Prohibition of certain involuntary administrative separations.
``2510. Sea service letters.
``2511. Investigations of flag officers and Senior Executive Service
employees.
``2512. Leave policies for the Coast Guard.
``2513. Computation of length of service.
``subchapter ii--lighthouse service
``2531. Personnel of former Lighthouse Service.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 25 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
334 Grade on retirement....................... 2501
------------------------------------------------------------------------
421 Retirement................................ 2502
------------------------------------------------------------------------
422 Status of recalled personnel.............. 2503
------------------------------------------------------------------------
423 Computation of retired pay................ 2504
------------------------------------------------------------------------
424 Limitations on retirement and retired pay. 2505
------------------------------------------------------------------------
424a Suspension of payment of retired pay of 2506
members who are absent from the United
States to avoid prosecution..............
------------------------------------------------------------------------
425 Board for Correction of Military Records 2507
deadline.................................
------------------------------------------------------------------------
426 Emergency leave retention authority....... 2508
------------------------------------------------------------------------
427 Prohibition of certain involuntary 2509
administrative separations...............
------------------------------------------------------------------------
428 Sea service letters....................... 2510
------------------------------------------------------------------------
430 Investigations of flag officers and Senior 2511
Executive Service employees..............
------------------------------------------------------------------------
431 Leave policies for the Coast Guard........ 2512
------------------------------------------------------------------------
467 Computation of length of service.......... 2513
------------------------------------------------------------------------
432 Personnel of former Lighthouse Service.... 2531
------------------------------------------------------------------------
(c) Additional Changes.--Chapter 25 of title 14, United States
Code, is further amended--
(1) by inserting before section 2501 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER I--GENERAL PROVISIONS'';
and
(2) by inserting before section 2531 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER II--LIGHTHOUSE SERVICE''.
SEC. 115. PART III.
Part III of title 14, United States Code, is amended by striking
the part designation, the part heading, and the table of chapters at
the beginning.
SEC. 116. CHAPTER 27.
(a) Initial Matter.--Chapter 27 of title 14, United States Code, is
amended by striking the chapter designation, the chapter heading, and
the table of sections at the beginning and inserting the following:
``CHAPTER 27--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS
``subchapter i--personnel rights and benefits
``Sec.
``2701. Procurement of personnel.
``2702. Training.
``2703. Contingent expenses.
``2704. Equipment to prevent accidents.
``2705. Clothing at time of discharge for good of service.
``2706. Right to wear uniform.
``2707. Protection of uniform.
``2708. Clothing for officers and enlisted personnel.
``2709. Procurement and sale of stores to members and civilian
employees.
``2710. Disposition of effects of decedents.
``2711. Deserters; payment of expenses incident to apprehension and
delivery; penalties.
``2712. Payment for the apprehension of stragglers.
``subchapter ii--awards
``2731. Delegation of powers to make awards; rules and regulations.
``2732. Medal of honor.
``2733. Medal of honor: duplicate medal.
``2734. Medal of honor: presentation of Medal of Honor Flag.
``2735. Coast Guard cross.
``2736. Distinguished service medal.
``2737. Silver star medal.
``2738. Distinguished flying cross.
``2739. Coast Guard medal.
``2740. Insignia for additional awards.
``2741. Time limit on award; report concerning deed.
``2742. Honorable subsequent service as condition to award.
``2743. Posthumous awards.
``2744. Life-saving medals.
``2745. Replacement of medals.
``2746. Award of other medals.
``2747. Awards and insignia for excellence in service or conduct.
``2748. Presentation of United States flag upon retirement.
``subchapter iii--payments
``2761. Persons discharged as result of court-martial; allowances to.
``2762. Shore patrol duty; payment of expenses.
``2763. Compensatory absence from duty for military personnel at
isolated duty stations.
``2764. Monetary allowance for transportation of household effects.
``2765. Retroactive payment of pay and allowances delayed by
administrative error or oversight.
``2766. Travel card management.
``2767. Reimbursement for medical-related travel expenses for certain
persons residing on islands in the
continental United States.
``2768. Annual audit of pay and allowances of members undergoing
permanent change of station.
``2769. Remission of indebtedness.
``2770. Special instruction at universities.
``2771. Attendance at professional meetings.
``2772. Education loan repayment program.
``2773. Rations or commutation therefor in money.
``2774. Sales of ration supplies to messes.
``2775. Flight rations.
``2776. Payments at time of discharge for good of service.
``2777. Clothing for destitute shipwrecked persons.
``2778. Advancement of public funds to personnel.
``2779. Transportation to and from certain places of employment.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 27 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
468 Procurement of personnel.................. 2701
------------------------------------------------------------------------
469 Training.................................. 2702
------------------------------------------------------------------------
476 Contingent expenses....................... 2703
------------------------------------------------------------------------
477 Equipment to prevent accidents............ 2704
------------------------------------------------------------------------
482 Clothing at time of discharge for good of 2705
service..................................
------------------------------------------------------------------------
483 Right to wear uniform..................... 2706
------------------------------------------------------------------------
484 Protection of uniform..................... 2707
------------------------------------------------------------------------
485 Clothing for officers and enlisted 2708
personnel................................
------------------------------------------------------------------------
487 Procurement and sale of stores to members 2709
and civilian employees...................
------------------------------------------------------------------------
507 Disposition of effects of decedents....... 2710
------------------------------------------------------------------------
508 Deserters; payment of expenses incident to 2711
apprehension and delivery; penalties.....
------------------------------------------------------------------------
644 Payment for the apprehension of stragglers 2712
------------------------------------------------------------------------
499 Delegation of powers to make awards; rules 2731
and regulations..........................
------------------------------------------------------------------------
491 Medal of honor............................ 2732
------------------------------------------------------------------------
504 Medal of honor: duplicate medal........... 2733
------------------------------------------------------------------------
505 Medal of honor: presentation of Medal of 2734
Honor Flag...............................
------------------------------------------------------------------------
491a Coast Guard cross......................... 2735
------------------------------------------------------------------------
492 Distinguished service medal............... 2736
------------------------------------------------------------------------
492a Silver star medal......................... 2737
------------------------------------------------------------------------
492b Distinguished flying cross................ 2738
------------------------------------------------------------------------
493 Coast Guard medal......................... 2739
------------------------------------------------------------------------
494 Insignia for additional awards............ 2740
------------------------------------------------------------------------
496 Time limit on award; report concerning 2741
deed.....................................
------------------------------------------------------------------------
497 Honorable subsequent service as condition 2742
to award.................................
------------------------------------------------------------------------
498 Posthumous awards......................... 2743
------------------------------------------------------------------------
500 Life-saving medals........................ 2744
------------------------------------------------------------------------
501 Replacement of medals..................... 2745
------------------------------------------------------------------------
502 Award of other medals..................... 2746
------------------------------------------------------------------------
503 Awards and insignia for excellence in 2747
service or conduct.......................
------------------------------------------------------------------------
516 Presentation of United States flag upon 2748
retirement...............................
------------------------------------------------------------------------
509 Persons discharged as result of court- 2761
martial; allowances to...................
------------------------------------------------------------------------
510 Shore patrol duty; payment of expenses.... 2762
------------------------------------------------------------------------
511 Compensatory absence from duty for 2763
military personnel at isolated duty
stations.................................
------------------------------------------------------------------------
512 Monetary allowance for transportation of 2764
household effects........................
------------------------------------------------------------------------
513 Retroactive payment of pay and allowances 2765
delayed by administrative error or
oversight................................
------------------------------------------------------------------------
517 Travel card management.................... 2766
------------------------------------------------------------------------
518 Reimbursement for medical-related travel 2767
expenses for certain persons residing on
islands in the continental United States.
------------------------------------------------------------------------
519 Annual audit of pay and allowances of 2768
members undergoing permanent change of
station..................................
------------------------------------------------------------------------
461 Remission of indebtedness................. 2769
------------------------------------------------------------------------
470 Special instruction at universities....... 2770
------------------------------------------------------------------------
471 Attendance at professional meetings....... 2771
------------------------------------------------------------------------
472 Education loan repayment program.......... 2772
------------------------------------------------------------------------
478 Rations or commutation therefor in money.. 2773
------------------------------------------------------------------------
479 Sales of ration supplies to messes........ 2774
------------------------------------------------------------------------
480 Flight rations............................ 2775
------------------------------------------------------------------------
481 Payments at time of discharge for good of 2776
service..................................
------------------------------------------------------------------------
486 Clothing for destitute shipwrecked persons 2777
------------------------------------------------------------------------
488 Advancement of public funds to personnel.. 2778
------------------------------------------------------------------------
660 Transportation to and from certain places 2779
of employment............................
------------------------------------------------------------------------
(c) Additional Changes.--Chapter 27 of title 14, United States
Code, is further amended--
(1) by inserting before section 2701 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER I--PERSONNEL RIGHTS AND BENEFITS'';
(2) by inserting before section 2731 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER II--AWARDS'';
and
(3) by inserting before section 2761 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER III--PAYMENTS''.
SEC. 117. CHAPTER 29.
(a) Initial Matter.--Chapter 29 of title 14, United States Code, is
amended by striking the chapter designation, the chapter heading, and
the table of sections at the beginning and inserting the following:
``CHAPTER 29--COAST GUARD FAMILY SUPPORT, CHILD CARE, AND HOUSING
``subchapter i--coast guard families
``Sec.
``2901. Work-life policies and programs.
``2902. Surveys of Coast Guard families.
``2903. Reimbursement for adoption expenses.
``2904. Education and training opportunities for Coast Guard spouses.
``2905. Youth sponsorship initiatives.
``2906. Dependent school children.
``subchapter ii--coast guard child care
``2921. Definitions.
``2922. Child development services.
``2923. Child development center standards and inspections.
``2924. Child development center employees.
``2925. Parent partnerships with child development centers.
``subchapter iii--housing
``2941. Definitions.
``2942. General authority.
``2943. Leasing and hiring of quarters; rental of inadequate housing.
``2944. Retired service members and dependents serving on advisory
committees.
``2945. Conveyance of real property.
``2946. Coast Guard Housing Fund.
``2947. Reports.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 29 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
531 Work-life policies and programs........... 2901
------------------------------------------------------------------------
532 Surveys of Coast Guard families........... 2902
------------------------------------------------------------------------
541 Reimbursement for adoption expenses....... 2903
------------------------------------------------------------------------
542 Education and training opportunities for 2904
Coast Guard spouses......................
------------------------------------------------------------------------
543 Youth sponsorship initiatives............. 2905
------------------------------------------------------------------------
544 Dependent school children................. 2906
------------------------------------------------------------------------
551 Definitions............................... 2921
------------------------------------------------------------------------
552 Child development services................ 2922
------------------------------------------------------------------------
553 Child development center standards and 2923
inspections..............................
------------------------------------------------------------------------
554 Child development center employees........ 2924
------------------------------------------------------------------------
555 Parent partnerships with child development 2925
centers..................................
------------------------------------------------------------------------
680 Definitions............................... 2941
------------------------------------------------------------------------
681 General authority......................... 2942
------------------------------------------------------------------------
475 Leasing and hiring of quarters; rental of 2943
inadequate housing.......................
------------------------------------------------------------------------
680 Retired service members and dependents 2944
serving on advisory committees...........
------------------------------------------------------------------------
685 Conveyance of real property............... 2945
------------------------------------------------------------------------
687 Coast Guard Housing Fund.................. 2946
------------------------------------------------------------------------
688 Reports................................... 2947
------------------------------------------------------------------------
(c) Additional Changes.--Chapter 29 of title 14, United States
Code, is further amended--
(1) by inserting before section 2901 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER I--COAST GUARD FAMILIES'';
(2) by inserting before section 2921 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER II--COAST GUARD CHILD CARE'';
and
(3) by inserting before section 2941 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER III--HOUSING''.
SEC. 118. SUBTITLE III AND CHAPTER 37.
(a) Initial Matter.--Title 14, United States Code, is further
amended by adding after chapter 29 (as amended by section 117) the
following:
``Subtitle III--Coast Guard Reserve and Auxiliary
``Chap. Sec.
``37. Coast Guard Reserve................................... 3701
``39. Coast Guard Auxiliary................................. 3901
``41. General Provisions for Coast Guard Reserve and 4101
Auxiliary.
``CHAPTER 1--COAST GUARD RESERVE
``subchapter i--administration
``Sec.
``3701. Organization.
``3702. Authorized strength.
``3703. Coast Guard Reserve Boards.
``3704. Grades and ratings; military authority.
``3705. Benefits.
``3706. Temporary members of the Reserve; eligibility and compensation.
``3707. Temporary members of the Reserve; disability or death benefits.
``3708. Temporary members of the Reserve; certificate of honorable
service.
``3709. Reserve student aviation pilots; Reserve aviation pilots;
appointments in commissioned grade.
``3710. Reserve student pre-commissioning assistance program.
``3711. Appointment or wartime promotion; retention of grade upon
release from active duty.
``3712. Exclusiveness of service.
``3713. Active duty for emergency augmentation of regular forces.
``3714. Enlistment of members engaged in schooling.
``subchapter ii--personnel
``3731. Definitions.
``3732. Applicability of this subchapter.
``3733. Suspension of this subchapter in time of war or national
emergency.
``3734. Effect of this subchapter on retirement and retired pay.
``3735. Authorized number of officers.
``3736. Precedence.
``3737. Running mates.
``3738. Constructive credit upon initial appointment.
``3739. Promotion of Reserve officers on active duty.
``3740. Promotion; recommendations of selection boards.
``3741. Selection boards; appointment.
``3742. Establishment of promotion zones under running mate system.
``3743. Eligibility for promotion.
``3744. Recommendation for promotion of an officer previously removed
from an active status.
``3745. Qualifications for promotion.
``3746. Promotion; acceptance; oath of office.
``3747. Date of rank upon promotion; entitlement to pay.
``3748. Type of promotion; temporary.
``3749. Effect of removal by the President or failure of consent of the
Senate.
``3750. Failure of selection for promotion.
``3751. Failure of selection and removal from an active status.
``3752. Retention boards; removal from an active status to provide a
flow of promotion.
``3753. Maximum ages for retention in an active status.
``3754. Rear admiral and rear admiral (lower half); maximum service in
grade.
``3755. Appointment of a former Navy or Coast Guard officer.
``3756. Grade on entry upon active duty.
``3757. Recall of a retired officer; grade upon release.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 37 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
701 Organization.............................. 3701
------------------------------------------------------------------------
702 Authorized strength....................... 3702
------------------------------------------------------------------------
703 Coast Guard Reserve Boards................ 3703
------------------------------------------------------------------------
704 Grades and ratings; military authority.... 3704
------------------------------------------------------------------------
705 Benefits.................................. 3705
------------------------------------------------------------------------
706 Temporary members of the Reserve; 3706
eligibility and compensation.............
------------------------------------------------------------------------
707 Temporary members of the Reserve; 3707
disability or death benefits.............
------------------------------------------------------------------------
708 Temporary members of the Reserve; 3708
certificate of honorable service.........
------------------------------------------------------------------------
709 Reserve student aviation pilots; Reserve 3709
aviation pilots; appointments in
commissioned grade.......................
------------------------------------------------------------------------
709a Reserve student pre-commissioning 3710
assistance program.......................
------------------------------------------------------------------------
710 Appointment or wartime promotion; 3711
retention of grade upon release from
active duty..............................
------------------------------------------------------------------------
711 Exclusiveness of service.................. 3712
------------------------------------------------------------------------
712 Active duty for emergency augmentation of 3713
regular forces...........................
------------------------------------------------------------------------
713 Enlistment of members engaged in schooling 3714
------------------------------------------------------------------------
720 Definitions............................... 3731
------------------------------------------------------------------------
721 Applicability of this subchapter.......... 3732
------------------------------------------------------------------------
722 Suspension of this subchapter in time of 3733
war or national emergency................
------------------------------------------------------------------------
723 Effect of this subchapter on retirement 3734
and retired pay..........................
------------------------------------------------------------------------
724 Authorized number of officers............. 3735
------------------------------------------------------------------------
725 Precedence................................ 3736
------------------------------------------------------------------------
726 Running mates............................. 3737
------------------------------------------------------------------------
727 Constructive credit upon initial 3738
appointment..............................
------------------------------------------------------------------------
728 Promotion of Reserve officers on active 3739
duty.....................................
------------------------------------------------------------------------
729 Promotion; recommendations of selection 3740
boards...................................
------------------------------------------------------------------------
730 Selection boards; appointment............. 3741
------------------------------------------------------------------------
731 Establishment of promotion zones under 3742
running mate system......................
------------------------------------------------------------------------
732 Eligibility for promotion................. 3743
------------------------------------------------------------------------
733 Recommendation for promotion of an officer 3744
previously removed from an active status.
------------------------------------------------------------------------
734 Qualifications for promotion.............. 3745
------------------------------------------------------------------------
735 Promotion; acceptance; oath of office..... 3746
------------------------------------------------------------------------
736 Date of rank upon promotion; entitlement 3747
to pay...................................
------------------------------------------------------------------------
737 Type of promotion; temporary.............. 3748
------------------------------------------------------------------------
738 Effect of removal by the President or 3749
failure of consent of the Senate.........
------------------------------------------------------------------------
739 Failure of selection for promotion........ 3750
------------------------------------------------------------------------
740 Failure of selection and removal from an 3751
active status............................
------------------------------------------------------------------------
741 Retention boards; removal from an active 3752
status to provide a flow of promotion....
------------------------------------------------------------------------
742 Maximum ages for retention in an active 3753
status...................................
------------------------------------------------------------------------
743 Rear admiral and rear admiral (lower 3754
half); maximum service in grade..........
------------------------------------------------------------------------
744 Appointment of a former Navy or Coast 3755
Guard officer............................
------------------------------------------------------------------------
745 Grade on entry upon active duty........... 3756
------------------------------------------------------------------------
746 Recall of a retired officer; grade upon 3757
release..................................
------------------------------------------------------------------------
(c) Additional Changes.--Chapter 37 of title 14, United States
Code, is further amended--
(1) by inserting before section 3701 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER I--ADMINISTRATION'';
and
(2) by inserting before section 3731 (as so redesignated
and transferred under subsection (b)) the following:
``SUBCHAPTER II--PERSONNEL''.
SEC. 119. CHAPTER 39.
(a) Initial Matter.--Title 14, United States Code, is further
amended by adding after chapter 37 (as added by section 118) the
following:
``CHAPTER 39--COAST GUARD AUXILIARY
``Sec.
``3901. Administration of the Coast Guard Auxiliary.
``3902. Purpose of the Coast Guard Auxiliary.
``3903. Eligibility; enrollments.
``3904. Members of the Auxiliary; status.
``3905. Disenrollment.
``3906. Membership in other organizations.
``3907. Use of member's facilities.
``3908. Vessel deemed public vessel.
``3909. Aircraft deemed public aircraft.
``3910. Radio station deemed government station.
``3911. Availability of appropriations.
``3912. Assignment and performance of duties.
``3913. Injury or death in line of duty.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 39 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
821 Administration of the Coast Guard 3901
Auxiliary................................
------------------------------------------------------------------------
822 Purpose of the Coast Guard Auxiliary...... 3902
------------------------------------------------------------------------
823 Eligibility; enrollments.................. 3903
------------------------------------------------------------------------
823a Members of the Auxiliary; status.......... 3904
------------------------------------------------------------------------
824 Disenrollment............................. 3905
------------------------------------------------------------------------
825 Membership in other organizations......... 3906
------------------------------------------------------------------------
826 Use of member's facilities................ 3907
------------------------------------------------------------------------
827 Vessel deemed public vessel............... 3908
------------------------------------------------------------------------
828 Aircraft deemed public aircraft........... 3909
------------------------------------------------------------------------
829 Radio station deemed government station... 3910
------------------------------------------------------------------------
830 Availability of appropriations............ 3911
------------------------------------------------------------------------
831 Assignment and performance of duties...... 3912
------------------------------------------------------------------------
832 Injury or death in line of duty........... 3913
------------------------------------------------------------------------
SEC. 120. CHAPTER 41.
(a) Initial Matter.--Title 14, United States Code, is further
amended by adding after chapter 39 (as added by section 119) the
following:
``CHAPTER 41--GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY
``Sec.
``4101. Flags; pennants; uniforms and insignia.
``4102. Penalty.
``4103. Limitation on rights of members of the Auxiliary and temporary
members of the Reserve.
``4104. Availability of facilities and appropriations.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 41 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
891 Flags; pennants; uniforms and insignia.... 4101
------------------------------------------------------------------------
892 Penalty................................... 4102
------------------------------------------------------------------------
893 Limitation on rights of members of the 4103
Auxiliary and temporary members of the
Reserve..................................
------------------------------------------------------------------------
894 Availability of facilities and 4104
appropriations...........................
------------------------------------------------------------------------
SEC. 121. SUBTITLE IV AND CHAPTER 49.
(a) Initial Matter.--Title 14, United States Code, is further
amended by adding after chapter 41 (as added by section 120) the
following:
``Subtitle IV--Coast Guard Authorizations and Reports to Congress
``Chap. Sec.
``49. Authorizations........................................ 4901
``51. Reports............................................... 5101
``CHAPTER 49--AUTHORIZATIONS
``Sec.
``4901. Requirement for prior authorization of appropriations.
``4902. Authorization of appropriations.
``4903. Authorization of personnel end strengths.
``4904. Authorized levels of military strength and training.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 49 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
2701 Requirement for prior authorization of 4901
appropriations...........................
------------------------------------------------------------------------
2702 Authorization of appropriations........... 4902
------------------------------------------------------------------------
2703 Authorization of personnel end strengths.. 4903
------------------------------------------------------------------------
2704 Authorized levels of military strength and 4904
training.................................
------------------------------------------------------------------------
SEC. 122. CHAPTER 51.
(a) Initial Matter.--Title 14, United States Code, is further
amended by adding after chapter 49 (as added by section 121) the
following:
``CHAPTER 51--REPORTS
``Sec.
``5101. Transmission of annual Coast Guard authorization request.
``5102. Capital investment plan.
``5103. Major acquisitions.
``5104. Manpower requirements plan.
``5105. Inventory of real property.
``5106. Annual performance report.
``5107. Major acquisition risk assessment.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 51 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
2901 Transmission of annual Coast Guard 5101
authorization request....................
------------------------------------------------------------------------
2902 Capital investment plan................... 5102
------------------------------------------------------------------------
2903 Major acquisitions........................ 5103
------------------------------------------------------------------------
2904 Manpower requirements plan................ 5104
------------------------------------------------------------------------
679 Inventory of real property................ 5105
------------------------------------------------------------------------
2905 Annual performance report................. 5106
------------------------------------------------------------------------
2906 Major acquisition risk assessment......... 5107
------------------------------------------------------------------------
SEC. 123. REFERENCES.
(a) Definitions.--In this section, the following definitions apply:
(1) Redesignated section.--The term ``redesignated
section'' means a section of title 14, United States Code, that
is redesignated by this title, as that section is so
redesignated.
(2) Source section.--The term ``source section'' means a
section of title 14, United States Code, that is redesignated
by this title, as that section was in effect before the
redesignation.
(b) Reference to Source Section.--
(1) Treatment of reference.--A reference to a source
section, including a reference in a regulation, order, or other
law, is deemed to refer to the corresponding redesignated
section.
(2) Title 14.--In title 14, United States Code, each
reference in the text of such title to a source section is
amended by striking such reference and inserting a reference to
the appropriate, as determined using the tables located in this
title, redesignated section.
(c) Other Conforming Amendments.--
(1) Reference to section 182.--Section 1923(c) of title 14,
United States Code, as so redesignated by this title, is
further amended by striking ``section 182'' and inserting
``section 1922''.
(2) References to chapter 11.--Title 14, United States
Code, is further amended--
(A) in section 2146(d), as so redesignated by this
title, by striking ``chapter 11 of this title'' and
inserting ``this chapter''; and
(B) in section 3739, as so redesignated by this
title, by striking ``chapter 11'' each place that it
appears and inserting ``chapter 21''.
(3) Reference to chapter 13.--Section 3705(b) of title 14,
United States Code, as so redesignated by this title, is
further amended by striking ``chapter 13'' and inserting
``chapter 27''.
(4) Reference to chapter 15.--Section 308(b)(3) of title
14, United States Code, as so redesignated by this title, is
further amended by striking ``chapter 15'' and inserting
``chapter 11''.
(5) References to chapter 19.--Title 14, United States
Code, is further amended--
(A) in section 4901(4), as so redesignated by this
title, by striking ``chapter 19'' and inserting
``section 318''; and
(B) in section 4902(4), as so redesignated by this
title, by striking ``chapter 19'' and inserting
``section 318''.
(6) Reference to chapter 23.--Section 701(a) of title 14,
United States Code, as so redesignated by this title, is
further amended by striking ``chapter 23'' and inserting
``chapter 39''.
SEC. 124. RULE OF CONSTRUCTION.
This title, including the amendments made by this title, is
intended only to reorganize title 14, United States Code, and may not
be construed to alter--
(1) the effect of a provision of title 14, United States
Code, including any authority or requirement therein;
(2) a department or agency interpretation with respect to
title 14, United States Code; or
(3) a judicial interpretation with respect to title 14,
United States Code.
TITLE II--AUTHORIZATIONS
SEC. 201. AMENDMENTS TO TITLE 14, UNITED STATES CODE, AS AMENDED BY
TITLE I OF THIS ACT.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision of title 14, United States
Code, the reference shall be considered to be made to title 14, United
States Code, as amended by title I of this Act.
SEC. 202. AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--Section 4902 of title 14, United States Code, is
amended to read as follows:
``Sec. 4902. Authorizations of appropriations
``(a) Fiscal Year 2018.--Funds are authorized to be appropriated
for fiscal year 2018 for necessary expenses of the Coast Guard as
follows:
``(1) For the operation and maintenance of the Coast Guard,
not otherwise provided for, $7,210,313,000 for fiscal year
2018.
``(2) For the acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels,
aircraft, and systems, including equipment related thereto, and
for maintenance, rehabilitation, lease, and operation of
facilities and equipment, $2,694,745,000 for fiscal year 2018.
``(3) For the Coast Guard Reserve program, including
operations and maintenance of the program, personnel and
training costs, equipment, and services, $114,875,000 for
fiscal year 2018.
``(4) For the environmental compliance and restoration
functions of the Coast Guard under chapter 3 of this title,
$13,397,000 for fiscal year 2018.
``(5) To the Commandant for research, development, test,
and evaluation of technologies, materials, and human factors
directly related to improving the performance of the Coast
Guard's mission with respect to search and rescue, aids to
navigation, marine safety, marine environmental protection,
enforcement of laws and treaties, ice operations, oceanographic
research, and defense readiness, and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment, $29,141,000 for fiscal year 2018.
``(b) Fiscal Year 2019.--Funds are authorized to be appropriated
for fiscal year 2019 for necessary expenses of the Coast Guard as
follows:
``(1)(A) For the operation and maintenance of the Coast
Guard, not otherwise provided for, $7,914,195,000 for fiscal
year 2019.
``(B) Of the amount authorized under subparagraph (A)--
``(i) $16,701,000 shall be for environmental
compliance and restoration; and
``(ii) $199,360,000 shall be for the Coast Guard's
Medicare-eligible retiree health care fund contribution
to the Department of Defense.
``(2) For the procurement, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels,
aircraft, and systems, including equipment related thereto, and
for maintenance, rehabilitation, lease, and operation of
facilities and equipment, $2,694,745,000 for fiscal year 2019.
``(3) To the Commandant for research, development, test,
and evaluation of technologies, materials, and human factors
directly related to improving the performance of the Coast
Guard's mission with respect to search and rescue, aids to
navigation, marine safety, marine environmental protection,
enforcement of laws and treaties, ice operations, oceanographic
research, and defense readiness, and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment, $29,141,000 for fiscal year 2019.''.
(b) Repeal.--On October 1, 2018--
(1) section 4902(a) of title 14, United States Code, as
amended by subsection (a), shall be repealed; and
(2) subsection 4902(b) of title 14, United States Code, as
amended by subsection (a), shall be amended by striking ``(b)
Fiscal Year 2019.--''.
SEC. 203. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a), by striking ``for each of fiscal
years 2016 and 2017'' and inserting ``for fiscal year 2018 and
44,500 for fiscal year 2019''; and
(2) in subsection (b), by striking ``fiscal years 2016 and
2017'' and inserting ``fiscal years 2018 and 2019''.
SEC. 204. AUTHORIZATION OF AMOUNTS FOR FAST RESPONSE CUTTERS.
(a) In General.--Of the amounts authorized under section 4902 of
title 14, United States Code, as amended by this Act, for each of
fiscal years 2018 and 2019 up to $167,500,000 is authorized for the
acquisition of 3 Fast Response Cutters.
(b) Treatment of Acquired Cutters.--Any cutters acquired pursuant
to subsection (a) shall be in addition to the 58 cutters approved under
the existing acquisition baseline.
SEC. 205. AUTHORIZATION OF AMOUNTS FOR SHORESIDE INFRASTRUCTURE.
Of the amounts authorized under section 4902 of title 14, United
States Code, as amended by this Act, for each of fiscal years 2018 and
2019 up to $167,500,000 is authorized for the Secretary of the
department in which the Coast Guard is operating to fund the
acquisition, construction, rebuilding, or improvement of Coast Guard
shoreside infrastructure and facilities necessary to support Coast
Guard operations and readiness.
SEC. 206. AUTHORIZATION OF AMOUNTS FOR AIRCRAFT IMPROVEMENTS.
Of the amounts authorized under section 4902 of title 14, United
States Code, as amended by this Act, for each of fiscal years 2018 and
2019 up to $3,500,000 is authorized for the Secretary of the department
in which the Coast Guard is operating to fund analysis and program
development for improvements to or the replacement of rotary-wing
aircraft.
TITLE III--COAST GUARD
SEC. 301. AMENDMENTS TO TITLE 14, UNITED STATES CODE, AS AMENDED BY
TITLE I OF THIS ACT.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision of title 14, United States
Code, the reference shall be considered to be made to title 14, United
States Code, as amended by title I of this Act.
SEC. 302. PRIMARY DUTIES.
Section 102(7) of title 14, United States Code, is amended to read
as follows:
``(7) maintain a state of readiness to assist in the
defense of the United States, including when functioning as a
specialized service in the Navy pursuant to section 103.''.
SEC. 303. NATIONAL COAST GUARD MUSEUM.
Section 316 of title 14, United States Code, is amended to read as
follows:
``Sec. 316. National Coast Guard Museum
``(a) Establishment.--The Commandant may establish a National Coast
Guard Museum, on lands which will be federally owned and administered
by the Coast Guard, and are located in New London, Connecticut, at, or
in close proximity to, the Coast Guard Academy.
``(b) Limitation on Expenditures.--
``(1) The Secretary shall not expend any funds appropriated
to the Coast Guard on the construction of any museum
established under this section.
``(2) The Secretary shall fund the National Coast Guard
Museum with nonappropriated and non-Federal funds to the
maximum extent practicable. The priority use of Federal funds
should be to preserve and protect historic Coast Guard
artifacts, including the design, fabrication, and installation
of exhibits or displays in which such artifacts are included.
``(3) The Secretary may expend funds appropriated to the
Coast Guard on the engineering and design of a National Coast
Guard Museum.
``(c) Funding Plan.--Before the date on which the Commandant
establishes a National Coast Guard Museum under subsection (a), the
Commandant shall provide 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 constructing,
operating, and maintaining such a museum, including--
``(1) estimated planning, engineering, design,
construction, operation, and maintenance costs;
``(2) the extent to which appropriated, nonappropriated,
and non-Federal funds will be used for such purposes, including
the extent to which there is any shortfall in funding for
engineering, design, or construction; and
``(3) a certification by the Inspector General of the
department in which the Coast Guard is operating that the
estimates provided pursuant to paragraphs (1) and (2) are
reasonable and realistic.
``(d) Authority.--The Commandant may not establish a National Coast
Guard museum except as set forth in this section.''.
SEC. 304. UNMANNED AIRCRAFT.
(a) Land-based Unmanned Aircraft System Program.--Chapter 3 of
title 14, United States Code, is amended by adding at the end the
following:
``Sec. 319. Land-based unmanned aircraft system program
``(a) In General.--Subject to the availability of appropriations,
the Secretary shall establish a land-based unmanned aircraft system
program under the control of the Commandant.
``(b) Unmanned Aircraft System Defined.--In this section, the term
`unmanned aircraft system' has the meaning given that term in section
331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101
note).''.
(b) Limitation on Unmanned Aircraft Systems.--Chapter 11 of title
14, United States Code, is amended by inserting after section 1155 the
following:
``Sec. 1156. Limitation on unmanned aircraft systems
``(a) In General.--During any fiscal year for which funds are
appropriated for the design or construction of an Offshore Patrol
Cutter, the Commandant--
``(1) may not award a contract for design of an unmanned
aircraft system for use by the Coast Guard; and
``(2) may lease, acquire, or acquire the services of an
unmanned aircraft system only if such system--
``(A) has been part of a program of record of,
procured by, or used by a Federal entity (or funds for
research, development, test, and evaluation have been
received from a Federal entity with regard to such
system) before the date on which the Commandant leases,
acquires, or acquires the services of the system; and
``(B) is leased, acquired, or utilized by the
Commandant through an agreement with a Federal entity,
unless such an agreement is not practicable or would be
less cost-effective than an independent contract action
by the Coast Guard.
``(b) Small Unmanned Aircraft Exemption.--Subsection (a)(2) does
not apply to small unmanned aircraft.
``(c) Definitions.--In this section, the terms `small unmanned
aircraft' and `unmanned aircraft system' have the meanings given those
terms in section 331 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 40101 note).''.
(c) Clerical Amendments.--
(1) Chapter 3.--The analysis for chapter 3 of title 14,
United States Code, is amended by adding at the end the
following:
``319. Land-based unmanned aircraft system program.''.
(2) Chapter 11.--The analysis for chapter 11 of title 14,
United States Code, is amended by inserting after the item
relating to section 1155 the following:
``1156. Limitation on unmanned aircraft systems.''.
(d) Conforming Amendment.--Subsection (c) of section 1105 of title
14, United States Code, is repealed.
SEC. 305. COAST GUARD HEALTH-CARE PROFESSIONALS; LICENSURE PORTABILITY.
(a) In General.--Chapter 5 of title 14, United States Code, is
amended by inserting after section 507 the following:
``Sec. 508. Coast Guard health-care professionals; licensure
portability
``(a) In General.--Notwithstanding any other provision of law
regarding the licensure of health-care providers, a health-care
professional described in subsection (b) may practice the health
profession or professions of the health-care professional at any
location in any State, the District of Columbia, or a Commonwealth,
territory, or possession of the United States, regardless of where such
health-care professional or the patient is located, if the practice is
within the scope of the authorized Federal duties of such health-care
professional.
``(b) Described Individuals.--A health-care professional described
in this subsection is an individual--
``(1) who is--
``(A) a member of the Coast Guard;
``(B) a civilian employee of the Coast Guard;
``(C) a member of the Public Health Service who is
assigned to the Coast Guard; or
``(D) any other health-care professional
credentialed and privileged at a Federal health-care
institution or location specially designated by the
Secretary; and
``(2) who--
``(A) has a current license to practice medicine,
osteopathic medicine, dentistry, or another health
profession; and
``(B) is performing authorized duties for the Coast
Guard.
``(c) Definitions.--In this section, the terms `license' and
`health-care professional' have the meanings given those terms in
section 1094(e) of title 10.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 14,
United States Code, is amended by inserting after the item relating to
section 507 the following:
``508. Coast Guard health-care professionals; licensure portability.''.
(c) Electronic Health Records.--
(1) System.--The Commandant of the Coast Guard is
authorized to procure for the Coast Guard an electronic health
record system that--
(A) has been competitively awarded by the
Department of Defense; and
(B) ensures full integration with the Department of
Defense electronic health record systems.
(2) Support services.--
(A) In general.--The Commandant is authorized to
procure support services for the electronic health
record system procured under paragraph (1) necessary to
ensure full integration with the Department of Defense
electronic health record systems.
(B) Scope.--Support services procured pursuant to
this paragraph may include services for the following:
(i) System integration support.
(ii) Hosting support.
(iii) Training, testing, technical, and
data migration support.
(iv) Hardware support.
(v) Any other support the Commandant
considers appropriate.
(3) Authorized procurement actions.--The Commandant is
authorized to procure an electronic health record system under
this subsection through the following:
(A) A task order under the Department of Defense
electronic health record contract.
(B) A sole source contract award.
(C) An agreement made pursuant to sections 1535 and
1536 of title 31, United States Code.
(D) A contract or other procurement vehicle
otherwise authorized.
(4) Competition in contracting; exemption.--Procurement of
an electronic health record system and support services
pursuant to this subsection shall be exempt from the
competition requirements of section 2304 of title 10, United
States Code.
SEC. 306. TRAINING; EMERGENCY RESPONSE PROVIDERS.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 718. Training; emergency response providers
``(a) In General.--The Commandant may, on a reimbursable or a non-
reimbursable basis, make a training available to emergency response
providers whenever the Commandant determines that--
``(1) a member of the Coast Guard, who is scheduled to
participate in such training, is unable or unavailable to
participate in such training;
``(2) no other member of the Coast Guard, who is assigned
to the unit to which the member of the Coast Guard who is
unable or unavailable to participate in such training is
assigned, is able or available to participate in such training;
and
``(3) such training, if made available to such emergency
response providers, would further the goal of interoperability
among Federal agencies, non-Federal governmental agencies, or
both.
``(b) Emergency Response Providers Defined.--In this section, the
term `emergency response providers' has the meaning given that term in
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
``(c) Treatment of Reimbursement.--Any reimbursements for a
training that the Coast Guard receives under this section shall be
credited to the appropriation used to pay the costs for such training.
``(d) Status; Limitation on Liability.--
``(1) Status.--Any individual to whom, as an emergency
response provider, training is made available under this
section, who is not otherwise a Federal employee, shall not,
because of that training, be considered a Federal employee for
any purpose (including the purposes of chapter 81 of title 5
(relating to compensation for injury) and sections 2671 through
2680 of title 28 (relating to tort claims)).
``(2) Limitation on liability.--The United States shall not
be liable for actions taken by an individual in the course of
training made available under this section.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title 14,
United States Code, is amended by adding at the end the following:
``718. Training; emergency response providers.''.
SEC. 307. INCENTIVE CONTRACTS FOR COAST GUARD YARD AND INDUSTRIAL
ESTABLISHMENTS.
Section 939 of title 14, United States Code, is amended--
(1) by inserting before ``The Secretary may'' the
following: ``(a) In General.--'';
(2) in subsection (a), as so designated by paragraph (1) of
this section, by striking the period at the end of the last
sentence and inserting ``or in accordance with subsection
(b).''; and
(3) by adding at the end the following:
``(b) Incentive Contracts.--
``(1) The parties to an order for industrial work to be
performed by the Coast Guard Yard or a Coast Guard industrial
establishment designated under subsection (a) may enter into an
order or a cost-plus-incentive-fee order in accordance with
this subsection.
``(2) If such parties enter into such an order or a cost-
plus-incentive-fee order, an agreed-upon amount of any
adjustment described in subsection (a) may be distributed as an
incentive to the wage-grade industrial employees who complete
the order.
``(3) Before entering into such an order or cost-plus-
incentive-fee order such parties must agree that the wage-grade
employees of the Coast Guard Yard or Coast Guard industrial
establishment will take action to improve the delivery schedule
or technical performance agreed to in the order for industrial
work to which such parties initially agreed.
``(4) Notwithstanding any other provision of law, if the
industrial workforce of the Coast Guard Yard or Coast Guard
industrial establishment satisfies the performance target
established in such an order or cost-plus-incentive-fee order--
``(A) the adjustment to be made pursuant to
subsection (a) shall be reduced by an agreed-upon
amount and distributed to such wage-grade industrial
employees; and
``(B) the remainder of the adjustment shall be
credited to the appropriation for such order current at
that time.''.
SEC. 308. CONFIDENTIAL INVESTIGATIVE EXPENSES.
Section 944 of title 14, United States Code, is amended by striking
``$45,000'' and inserting ``$250,000''.
SEC. 309. REGULAR CAPTAINS; RETIREMENT.
Section 2149(a) of title 14, United States Code, is amended--
(1) by striking ``zone is'' and inserting ``zone, or from
being placed at the top of the list of selectees promulgated by
the Secretary under section 2121(a) of this title, is''; and
(2) by striking the period at the end and inserting ``or
placed at the top of the list of selectees, as applicable.''.
SEC. 310. CONVERSION, ALTERATION, AND REPAIR PROJECTS.
(a) In General.--Chapter 9 of title 14, United States Code, as
amended by this Act, is further amended by inserting after section 951
the following:
``Sec. 952. Construction of Coast Guard vessels and assignment of
vessel projects
``The assignment of Coast Guard vessel conversion, alteration, and
repair projects shall be based on economic and military considerations
and may not be restricted by a requirement that certain parts of Coast
Guard shipwork be assigned to a particular type of shipyard or
geographical area or by a similar requirement.''.
(b) Clerical Amendment.--The analysis for chapter 9 of title 14,
United States Code, is amended by inserting after the item relating to
section 951 the following:
``952. Construction of Coast Guard vessels and assignment of vessel
projects.''.
SEC. 311. CONTRACTING FOR MAJOR ACQUISITIONS PROGRAMS.
(a) General Acquisition Authority.--Section 501(d) of title 14,
United States Code, is amended by inserting ``aircraft, and systems,''
after ``vessels,''.
(b) Contracting Authority.--Chapter 11 of title 14, United States
Code, as amended by this Act, is further amended by inserting after
section 1136 the following:
``Sec. 1137. Contracting for major acquisitions programs
``(a) In General.--In carrying out authorities provided to the
Secretary to design, construct, accept, or otherwise acquire assets and
systems under section 501(d), the Secretary, acting through the
Commandant or the head of an integrated program office established for
a major acquisition program, may enter into contracts for a major
acquisition program.
``(b) Authorized Methods.--Contracts entered into under subsection
(a)--
``(1) may be block buy contracts;
``(2) may be incrementally funded;
``(3) may include combined purchases, also known as
economic order quantity purchases, of--
``(A) materials and components; and
``(B) long lead time materials; and
``(4) as provided in section 2306b of title 10, may be
multiyear contracts.
``(c) Subject to Appropriations.--Any contract entered into under
subsection (a) shall provide that any obligation of the United States
to make a payment under the contract is subject to the availability of
amounts specifically provided in advance for that purpose in subsequent
appropriations Acts.''.
(c) Clerical Amendment.--The analysis for chapter 11 of title 14,
United States Code, as amended by this Act, is further amended by
inserting after the item relating to section 1136 the following:
``1137. Contracting for major acquisitions programs.''.
(d) Conforming Amendments.--The following provisions are repealed:
(1) Section 223 of the Howard Coble Coast Guard and
Maritime Transportation Act of 2014 (14 U.S.C. 1152 note), and
the item relating to that section in the table of contents in
section 2 of such Act.
(2) Section 221(a) of the Coast Guard and Maritime
Transportation Act of 2012 (14 U.S.C. 1133 note).
(3) Section 207(a) of the Coast Guard Authorization Act of
2016 (14 U.S.C. 561 note).
(e) Internal Regulations and Policy.--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 shall establish the internal
regulations and policies necessary to exercise the authorities provided
under this section, including the amendments made in this section.
(f) Multiyear Contracts.--The Secretary of the department in which
the Coast Guard is operating is authorized to enter into a multiyear
contract for the procurement of a tenth, eleventh, and twelfth National
Security Cutter and associated government-furnished equipment.
SEC. 312. OFFICER PROMOTION ZONES.
Section 2111(a) of title 14, United States Code, is amended by
striking ``six-tenths.'' and inserting ``one-half.''.
SEC. 313. CROSS REFERENCE.
Section 2129(a) of title 14, United States Code, is amended by
inserting ``designated under section 2317'' after ``cadet''.
SEC. 314. COMMISSIONED SERVICE RETIREMENT.
For Coast Guard officers who retire in fiscal year 2018 or 2019,
the President may reduce the period of active commissioned service
required under section 2152 of title 14, United States Code, to a
period of not less than 8 years.
SEC. 315. LEAVE FOR BIRTH OR ADOPTION OF CHILD.
(a) Policy.--Section 2512 of title 14, United States Code, is
amended--
(1) by striking ``Not later than 1 year'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b), not later
than 1 year''; and
(2) by adding at the end the following:
``(b) Leave Associated With Birth or Adoption of Child.--
Notwithstanding subsection (a), sections 701 and 704 of title 10, or
any other provision of law, all officers and enlisted members of the
Coast Guard shall be authorized leave associated with the birth or
adoption of a child during the 1-year period immediately following such
birth or adoption and, at the discretion of the Commanding Officer,
such officer or enlisted member shall be permitted--
``(1) to take such leave in increments; and
``(2) to use flexible work schedules (pursuant to a program
established by the Secretary in accordance with chapter 61 of
title 5).''.
(b) Flexible Work Schedules.--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 shall ensure that a flexible work schedule
program under chapter 61 of title 5, United States Code, is in place
for officers and enlisted members of the Coast Guard.
SEC. 316. CLOTHING AT TIME OF DISCHARGE.
Section 2705 of title 14, United States Code, and the item relating
to that section in the analysis for chapter 27 of that title, are
repealed.
SEC. 317. UNFUNDED PRIORITIES LIST.
(a) In General.--Section 5102 of title 14, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Not later than 60 days after the date on which
the President submits to Congress a budget pursuant to section 1105 of
title 31, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
capital investment plan for the Coast Guard that identifies for each
capital asset for which appropriations are proposed in that budget--
``(1) the proposed appropriations included in the budget;
``(2) the total estimated cost of completion based on the
proposed appropriations included in the budget;
``(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until project completion, whichever is
earlier;
``(4) an estimated completion date based on the proposed
appropriations included in the budget;
``(5) an acquisition program baseline, as applicable; and
``(6) projected commissioning and decommissioning dates for
each asset.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Definitions.--In this section, the term `new capital asset'
means--
``(1) an acquisition program that does not have an approved
acquisition program baseline; or
``(2) the acquisition of a capital asset in excess of the
number included in the approved acquisition program
baseline.''.
(b) Unfunded Priorities.--Chapter 51 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 5108. Unfunded priorities list
``(a) In General.--Not later than 60 days after the date on which
the President submits to Congress a budget pursuant to section 1105 of
title 31, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
list of each unfunded priority for the Coast Guard.
``(b) Prioritization.--The list required under subsection (a) shall
present the unfunded priorities in order from the highest priority to
the lowest, as determined by the Commandant.
``(c) Unfunded Priority Defined.--In this section, the term
`unfunded priority' means a program or mission requirement that--
``(1) has not been selected for funding in the applicable
proposed budget;
``(2) is necessary to fulfill a requirement associated with
an operational need; and
``(3) the Commandant would have recommended for inclusion
in the applicable proposed budget had additional resources been
available or had the requirement emerged before the budget was
submitted.''.
(c) Clerical Amendment.--The analysis for chapter 51 of title 14,
United States Code, is amended by adding at the end the following:
``5108. Unfunded priorities list.''.
SEC. 318. SAFETY OF VESSELS OF THE ARMED FORCES.
(a) In General.--Section 527 of title 14, United States Code, is
amended--
(1) in the heading, by striking ``naval vessels'' and
inserting ``vessels of the Armed Forces'';
(2) in subsection (a), by striking ``United States naval
vessel'' and inserting ``vessel of the Armed Forces'';
(3) in subsection (b)--
(A) by striking ``senior naval officer present in
command'' and inserting ``senior officer present in
command''; and
(B) by striking ``United States naval vessel'' and
inserting ``vessel of the Armed Forces''; and
(4) by adding at the end the following:
``(e) For purposes of this title, the term `vessel of the Armed
Forces' means--
``(1) any vessel owned or operated by the Department of
Defense or the Coast Guard, other than a time- or voyage-
chartered vessel; and
``(2) any vessel owned and operated by the Department of
Transportation that is designated by the Secretary of the
department in which the Coast Guard is operating as a vessel
equivalent to a vessel described in paragraph (1).''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 14,
United States Code, is further amended by striking the item relating to
section 527 and inserting the following:
``527. Safety of vessels of the Armed Forces.''.
(c) Conforming Amendments.--Section 2510(a)(1) of title 14, United
States Code, is amended--
(1) by striking ``armed forces'' and inserting ``Armed
Forces''; and
(2) by striking ``section 101(a) of title 10'' and
inserting ``section 527(e)''.
SEC. 319. AIR FACILITIES.
Section 912 of title 14, United States Code, is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively;
(3) in subsection (a) as redesignated--
(A) by amending paragraph (3) to read as follows:
``(3) Public notice and comment.--
``(A) In general.--Prior to closing an air
facility, the Secretary shall provide opportunities for
public comment, including the convening of public
meetings in communities in the area of responsibility
of the air facility with regard to the proposed closure
or cessation of operations at the air facility.
``(B) Public meetings.--Prior to convening a public
meeting under subparagraph (A), the Secretary shall
notify each congressional office representing any
portion of the area of responsibility of the air
station that is the subject to such public meeting of
the schedule and location of such public meeting.'';
(B) in paragraph (4)--
(i) in the matter preceding subparagraph
(A) by striking ``2015'' and inserting
``2017''; and
(ii) by amending subparagraph (A) to read
as follows:
``(A) submit to the Congress a proposal for such
closure, cessation, or reduction in operations along
with the budget of the President submitted to Congress
under section 1105(a) of title 31 that includes--
``(i) a discussion of the determination
made by the Secretary pursuant to paragraph
(2); and
``(ii) a report summarizing the public
comments received by the Secretary under
paragraph (3)''; and
(C) by adding at the end the following:
``(5) Congressional review.--The Secretary may not close,
cease operations, or significantly reduce personnel and use of
a Coast Guard air facility for which a written notice is
provided under paragraph (4)(A) until a period of 18 months
beginning on the date on which such notice is provided has
elapsed.''.
TITLE IV--PORTS AND WATERWAYS SAFETY
SEC. 401. CODIFICATION OF PORTS AND WATERWAYS SAFETY ACT.
(a) Codification.--Subtitle VII of title 46, United States Code, is
amended by inserting before chapter 701 the following:
``CHAPTER 700--PORTS AND WATERWAYS SAFETY
``subchapter a--vessel operations
``70001. Vessel traffic services.
``70002. Special powers.
``70003. Port access routes.
``70004. Considerations by Secretary.
``70005. International agreements.
``subchapter b--ports and waterways safety
``70011. Waterfront safety.
``70012. Navigational hazards.
``70013. Requirement to notify Coast Guard of release of objects into
the navigable waters of the United States.
``subchapter c--condition for entry into ports in the united states
``70021. Conditions for entry to ports in the united states.
``subchapter d--definitions, regulations, enforcement, investigatory
powers, applicability
``70031. Definitions.
``70032. Saint Lawrence Seaway.
``70033. Limitation on application to foreign vessels.
``70034. Regulations.
``70035. Investigatory powers.
``70036. Enforcement.
``SUBCHAPTER I--VESSEL OPERATIONS
``Sec. 70001. Vessel traffic services
``(a) Subject to the requirements of section 70004, the Secretary--
``(1) in any port or place under the jurisdiction of the
United States, in the navigable waters of the United States, or
in any area covered by an international agreement negotiated
pursuant to section 70005, may construct, operate, maintain,
improve, or expand vessel traffic services, that consist of
measures for controlling or supervising vessel traffic or for
protecting navigation and the marine environment and that may
include one or more of reporting and operating requirements,
surveillance and communications systems, routing systems, and
fairways;
``(2) shall require appropriate vessels that operate in an
area of a vessel traffic service to utilize or comply with that
service;
``(3)(A) may require vessels to install and use specified
navigation equipment, communications equipment, electronic
relative motion analyzer equipment, or any electronic or other
device necessary to comply with a vessel traffic service or
that is necessary in the interests of vessel safety.
``(B) Notwithstanding subparagraph (A), the Secretary shall
not require fishing vessels under 300 gross tons as measured
under section 14502, or an alternate tonnage measured under
section 14302 as prescribed by the Secretary under section
14104, or recreational vessels 65 feet or less to possess or
use the equipment or devices required by this subsection solely
under the authority of this chapter;
``(4) may control vessel traffic in areas subject to the
jurisdiction of the United States that the Secretary determines
to be hazardous, or under conditions of reduced visibility,
adverse weather, vessel congestion, or other hazardous
circumstances, by--
``(A) specifying times of entry, movement, or
departure;
``(B) establishing vessel traffic routing schemes;
``(C) establishing vessel size, speed, or draft
limitations and vessel operating conditions; and
``(D) restricting operation, in any hazardous area
or under hazardous conditions, to vessels that have
particular operating characteristics or capabilities
that the Secretary considers necessary for safe
operation under the circumstances;
``(5) may require the receipt of prearrival messages from
any vessel, destined for a port or place subject to the
jurisdiction of the United States, in sufficient time to permit
advance vessel traffic planning before port entry, which shall
include any information that is not already a matter of record
and that the Secretary determines necessary for the control of
the vessel and the safety of the port or the marine
environment; and
``(6) may prohibit the use on vessels of electronic or
other devices that interfere with communication and navigation
equipment, except that such authority shall not apply to
electronic or other devices certified to transmit in the
maritime services by the Federal Communications Commission and
used within the frequency bands 157.1875-157.4375 MHz and
161.7875-162.0375 MHz.
``(b) Cooperative Agreements.--
``(1) In general.--The Secretary may enter into cooperative
agreements with public or private agencies, authorities,
associations, institutions, corporations, organizations, or
other persons to carry out the functions under subsection
(a)(1).
``(2) Limitation.--
``(A) A nongovernmental entity may not under this
subsection carry out an inherently governmental
function.
``(B) As used in this paragraph, the term
`inherently governmental function' means any activity
that is so intimately related to the public interest as
to mandate performance by an officer or employee of the
Federal Government, including an activity that requires
either the exercise of discretion in applying the
authority of the Government or the use of judgment in
making a decision for the Government.
``(c) Limitation of Liability for Coast Guard Vessel Traffic
Service Pilots and Non-Federal Vessel Traffic Service Operators.--
``(1) Coast guard vessel traffic service pilots.--Any
pilot, acting in the course and scope of his or her duties
while at a Coast Guard Vessel Traffic Service, who provides
information, advice, or communication assistance while under
the supervision of a Coast Guard officer, member, or employee
shall not be liable for damages caused by or related to such
assistance unless the acts or omissions of such pilot
constitute gross negligence or willful misconduct.
``(2) Non-federal vessel traffic service operators.--An
entity operating a non-Federal vessel traffic information
service or advisory service pursuant to a duly executed written
agreement with the Coast Guard, and any pilot acting on behalf
of such entity, is not liable for damages caused by or related
to information, advice, or communication assistance provided by
such entity or pilot while so operating or acting unless the
acts or omissions of such entity or pilot constitute gross
negligence or willful misconduct.
``Sec. 70002. Special powers
``The Secretary may order any vessel, in a port or place subject to
the jurisdiction of the United States or in the navigable waters of the
United States, to operate or anchor in a manner the Secretary directs
if--
``(1) the Secretary has reasonable cause to believe such
vessel does not comply with any regulation issued under section
70034 or any other applicable law or treaty;
``(2) the Secretary determines such vessel does not satisfy
the conditions for port entry set forth in section 70021 of
this title; or
``(3) by reason of weather, visibility, sea conditions,
port congestion, other hazardous circumstances, or the
condition of such vessel, the Secretary is satisfied such
direction is justified in the interest of safety.
``Sec. 70003. Port access routes
``(a) Authority To Designate.--Except as provided in subsection (b)
and subject to the requirements of subsection (c), in order to provide
safe access routes for the movement of vessel traffic proceeding to or
from ports or places subject to the jurisdiction of the United States,
the Secretary shall designate necessary fairways and traffic separation
schemes for vessels operating in the territorial sea of the United
States and in high seas approaches, outside the territorial sea, to
such ports or places. Such a designation shall recognize, within the
designated area, the paramount right of navigation over all other uses.
``(b) Limitation.--
``(1) In general.--No designation may be made by the
Secretary under this section if--
``(A) the Secretary determines such a designation,
as implemented, would deprive any person of the
effective exercise of a right granted by a lease or
permit executed or issued under other applicable
provisions of law; and
``(B) such right has become vested before the time
of publication of the notice required by paragraph (1)
of subsection (c).
``(2) Consultation required.--The Secretary shall make the
determination under paragraph (1)(A) after consultation with
the head of the agency responsible for executing the lease or
issuing the permit.
``(c) Consideration of Other Uses.--Before making a designation
under subsection (a), and in accordance with the requirements of
section 70004, the Secretary shall--
``(1) undertake a study of the potential traffic density
and the need for safe access routes for vessels in any area for
which fairways or traffic separation schemes are proposed or
that may otherwise be considered and publish notice of such
undertaking in the Federal Register;
``(2) in consultation with the Secretary of State, the
Secretary of the Interior, the Secretary of Commerce, the
Secretary of the Army, and the Governors of affected States, as
their responsibilities may require, take into account all other
uses of the area under consideration, including, as
appropriate, the exploration for, or exploitation of, oil, gas,
or other mineral resources, the construction or operation of
deepwater ports or other structures on or above the seabed or
subsoil of the submerged lands or the Outer Continental Shelf
of the United States, the establishment or operation of marine
or estuarine sanctuaries, and activities involving recreational
or commercial fishing; and
``(3) to the extent practicable, reconcile the need for
safe access routes with the needs of all other reasonable uses
of the area involved.
``(d) Study.--In carrying out the Secretary's responsibilities
under subsection (c), the Secretary shall--
``(1) proceed expeditiously to complete any study
undertaken; and
``(2) after completion of such a study, promptly--
``(A) issue a notice of proposed rulemaking for the
designation contemplated; or
``(B) publish in the Federal Register a notice that
no designation is contemplated as a result of the study
and the reason for such determination.
``(e) Implementation of Designation.--In connection with a
designation made under this section, the Secretary--
``(1) shall issue reasonable rules and regulations
governing the use of such designated areas, including rules and
regulations regarding the applicability of rules 9 and 10 of
the International Regulations for Preventing Collisions at Sea,
1972, relating to narrow channels and traffic separation
schemes, respectively, in waters where such regulations apply;
``(2) to the extent that the Secretary finds reasonable and
necessary to effectuate the purposes of the designation, make
the use of designated fairways and traffic separation schemes
mandatory for specific types and sizes of vessels, foreign and
domestic, operating in the territorial sea of the United States
and for specific types and sizes of vessels of the United
States operating on the high seas beyond the territorial sea of
the United States;
``(3) may, from time to time, as necessary, adjust the
location or limits of designated fairways or traffic separation
schemes in order to accommodate the needs of other uses that
cannot be reasonably accommodated otherwise, except that such
an adjustment may not, in the judgment of the Secretary,
unacceptably adversely affect the purpose for which the
existing designation was made and the need for which continues;
and
``(4) shall, through appropriate channels--
``(A) notify cognizant international organizations
of any designation, or adjustment thereof; and
``(B) take action to seek the cooperation of
foreign States in making it mandatory for vessels under
their control to use, to the same extent as required by
the Secretary for vessels of the United States, any
fairway or traffic separation scheme designated under
this section in any area of the high seas.
``Sec. 70004. Considerations by Secretary
``In carrying out the duties of the Secretary under sections 70001,
70002, and 70003, the Secretary shall--
``(1) take into account all relevant factors concerning
navigation and vessel safety, protection of the marine
environment, and the safety and security of United States ports
and waterways, including--
``(A) the scope and degree of the risk or hazard
involved;
``(B) vessel traffic characteristics and trends,
including traffic volume, the sizes and types of
vessels involved, potential interference with the flow
of commercial traffic, the presence of any unusual
cargoes, and other similar factors;
``(C) port and waterway configurations and
variations in local conditions of geography, climate,
and other similar factors;
``(D) the need for granting exemptions for the
installation and use of equipment or devices for use
with vessel traffic services for certain classes of
small vessels, such as self-propelled fishing vessels
and recreational vessels;
``(E) the proximity of fishing grounds, oil and gas
drilling and production operations, or any other
potential or actual conflicting activity;
``(F) environmental factors;
``(G) economic impact and effects;
``(H) existing vessel traffic services; and
``(I) local practices and customs, including
voluntary arrangements and agreements within the
maritime community; and
``(2) at the earliest possible time, consult with and
receive and consider the views of representatives of the
maritime community, ports and harbor authorities or
associations, environmental groups, and other persons who may
be affected by the proposed actions.
``Sec. 70005. International agreements
``(a) Transmittal of Regulations.--The Secretary shall transmit,
via the Secretary of State, to appropriate international bodies or
forums, any regulations issued under this subchapter, for consideration
as international standards.
``(b) Agreements.--The President is authorized and encouraged to--
``(1) enter into negotiations and conclude and execute
agreements with neighboring nations, to establish compatible
vessel standards and vessel traffic services, and to establish,
operate, and maintain international vessel traffic services, in
areas and under circumstances of mutual concern; and
``(2) enter into negotiations, through appropriate
international bodies, and conclude and execute agreements to
establish vessel traffic services in appropriate areas of the
high seas.
``(c) Operations.--The Secretary, pursuant to any agreement
negotiated under subsection (b) that is binding upon the United States
in accordance with constitutional requirements, may--
``(1) require vessels operating in an area of a vessel
traffic service to utilize or to comply with the vessel traffic
service, including the carrying or installation of equipment
and devices as necessary for the use of the service; and
``(2) waive, by order or regulation, the application of any
United States law or regulation concerning the design,
construction, operation, equipment, personnel qualifications,
and manning standards for vessels operating in waters over
which the United States exercises jurisdiction if such vessel
is not en route to or from a United States port or place, and
if vessels en route to or from a United States port or place
are accorded equivalent waivers of laws and regulations of the
neighboring nation, when operating in waters over which that
nation exercises jurisdiction.
``(d) Ship Reporting Systems.--The Secretary, in cooperation with
the International Maritime Organization, may implement and enforce two
mandatory ship reporting systems, consistent with international law,
with respect to vessels subject to such reporting systems entering the
following areas of the Atlantic Ocean:
``(1) Cape Cod Bay, Massachusetts Bay, and Great South
Channel (in the area generally bounded by a line starting from
a point on Cape Ann, Massachusetts at 42 deg. 39' N., 70 deg.
37' W; then northeast to 42 deg. 45' N., 70 deg. 13' W; then
southeast to 42 deg. 10' N., 68 deg. 31' W, then south to 41
deg. 00' N., 68 deg. 31' W; then west to 41 deg. 00' N., 69
deg. 17' W; then northeast to 42 deg. 05' N., 70 deg. 02' W,
then west to 42 deg. 04' N., 70 deg. 10' W; and then along the
Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay
back to the point on Cape Ann at 42 deg. 39' N., 70 deg. 37'
W).
``(2) In the coastal waters of the Southeastern United
States within about 25 nm along a 90 nm stretch of the Atlantic
seaboard (in an area generally extending from the shoreline
east to longitude 80 deg. 51.6' W with the southern and
northern boundary at latitudes 30 deg. 00' N., 31 deg. 27' N.,
respectively).
``SUBCHAPTER II--PORTS AND WATERWAYS SAFETY
``Sec. 70011. Waterfront safety
``(a) In General.--The Secretary may take such action as is
necessary to--
``(1) prevent damage to, or the destruction of, any bridge
or other structure on or in the navigable waters of the United
States, or any land structure or shore area immediately
adjacent to such waters; and
``(2) protect the navigable waters and the resources
therein from harm resulting from vessel or structure damage,
destruction, or loss.
``(b) Actions Authorized.--Actions authorized by subsection (a)
include--
``(1) establishing procedures, measures, and standards for
the handling, loading, unloading, storage, stowage, and
movement on a structure (including the emergency removal,
control, and disposition) of explosives or other dangerous
articles and substances, including oil or hazardous material as
those terms are defined in section 2101;
``(2) prescribing minimum safety equipment requirements for
a structure to assure adequate protection from fire, explosion,
natural disaster, and other serious accidents or casualties;
``(3) establishing water or waterfront safety zones, or
other measures, for limited, controlled, or conditional access
and activity when necessary for the protection of any vessel,
structure, waters, or shore area; and
``(4) establishing procedures for examination to assure
compliance with the requirements prescribed under this section.
``(c) State Law.--Nothing in this section, with respect to
structures, prohibits a State or political subdivision thereof from
prescribing higher safety equipment requirements or safety standards
than those that may be prescribed by regulations under this section.
``Sec. 70012. Navigational hazards
``(a) Reporting Procedure.--The Secretary shall establish a program
to encourage fishermen and other vessel operators to report potential
or existing navigational hazards involving pipelines to the Secretary
through Coast Guard field offices.
``(b) Secretary's Response.--
``(1) Notification by the operator of a pipeline.--Upon
notification by the operator of a pipeline of a hazard to
navigation with respect to that pipeline, the Secretary shall
immediately notify Coast Guard headquarters, the Pipeline and
Hazardous Materials Safety Administration, other affected
Federal and State agencies, and vessel owners and operators in
the pipeline's vicinity.
``(2) Notification by other persons.--Upon notification by
any other person of a hazard or potential hazard to navigation
with respect to a pipeline, the Secretary shall promptly
determine whether a hazard exists, and if so shall immediately
notify Coast Guard headquarters, the Pipeline and Hazardous
Materials Safety Administration, other affected Federal and
State agencies, vessel owners and operators in the pipeline's
vicinity, and the owner and operator of the pipeline.
``(c) Pipeline Defined.--For purposes of this section, the term
`pipeline' has the meaning given the term `pipeline facility' in
section 60101(a)(18) of title 49.
``Sec. 70013. Requirement to notify Coast Guard of release of objects
into the navigable waters of the United States
``(a) Requirement.--As soon as a person has knowledge of any
release from a vessel or facility into the navigable waters of the
United States of any object that creates an obstruction prohibited
under section 10 of the Act of March 3, 1899, popularly known as the
Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 403), such
person shall notify the Secretary and the Secretary of the Army of such
release.
``(b) Restriction on Use of Notification.--Any notification
provided by an individual in accordance with subsection (a) may not be
used against such individual in any criminal case, except a prosecution
for perjury or for giving a false statement.
``SUBCHAPTER III--CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES
``Sec. 70021. Conditions for entry to ports in the United States
``(a) In General.--No vessel that is subject to chapter 37 shall
operate in the navigable waters of the United States or transfer cargo
or residue in any port or place under the jurisdiction of the United
States, if such vessel--
``(1) has a history of accidents, pollution incidents, or
serious repair problems that, as determined by the Secretary,
creates reason to believe that such vessel may be unsafe or may
create a threat to the marine environment;
``(2) fails to comply with any applicable regulation issued
under section 70034, chapter 37, or any other applicable law or
treaty;
``(3) discharges oil or hazardous material in violation of
any law of the United States or in a manner or quantities
inconsistent with any treaty to which the United States is a
party;
``(4) does not comply with any applicable vessel traffic
service requirements;
``(5) is manned by one or more officers who are licensed by
a certificating State that the Secretary has determined,
pursuant to section 9101 of title 46, does not have standards
for licensing and certification of seafarers that are
comparable to or more stringent than United States standards or
international standards that are accepted by the United States;
``(6) is not manned in compliance with manning levels as
determined by the Secretary to be necessary to insure the safe
navigation of the vessel; or
``(7) while underway, does not have at least one licensed
deck officer on the navigation bridge who is capable of clearly
understanding English.
``(b) Exceptions.--
``(1) In general.--The Secretary may allow provisional
entry of a vessel that is not in compliance with subsection
(a), if the owner or operator of such vessel proves, to the
satisfaction of the Secretary, that such vessel is not unsafe
or a threat to the marine environment, and if such entry is
necessary for the safety of the vessel or persons aboard.
``(2) Provisions not applicable.--Paragraphs (1), (2), (3),
and (4) of subsection (a) of this section shall not apply to a
vessel allowed provisional entry under paragraph (1) if the
owner or operator of such vessel proves, to the satisfaction of
the Secretary, that such vessel is no longer unsafe or a threat
to the marine environment, and is no longer in violation of any
applicable law, treaty, regulation, or condition, as
appropriate.
``SUBCHAPTER IV--DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY
POWERS, APPLICABILITY
``Sec. 70031. Definitions
``As used in subchapters A through C and this subchapter, unless
the context otherwise requires:
``(1) The term `marine environment' means--
``(A) the navigable waters of the United States and
the land and resources therein and thereunder;
``(B) the waters and fishery resources of any area
over which the United States asserts exclusive fishery
management authority;
``(C) the seabed and subsoil of the Outer
Continental Shelf of the United States, the resources
thereof, and the waters superjacent thereto; and
``(D) the recreational, economic, and scenic values
of such waters and resources.
``(2) The term `Secretary' means the Secretary of the
department in which the Coast Guard is operating, except that
such term means the Secretary of Transportation with respect to
the application of this chapter to the Saint Lawrence Seaway.
``(3) The term `navigable waters of the United States'
includes all waters of the territorial sea of the United States
as described in Presidential Proclamation No. 5928 of December
27, 1988.
``Sec. 70032. Saint Lawrence Seaway
``The authority granted to the Secretary under sections 70001,
70002, 70003, 70004, and 70011 may not be delegated with respect to the
Saint Lawrence Seaway to any agency other than the Saint Lawrence
Seaway Development Corporation. Any other authority granted the
Secretary under subchapters A through C and this subchapter shall be
delegated by the Secretary to the Saint Lawrence Seaway Development
Corporation to the extent the Secretary determines such delegation is
necessary for the proper operation of the Saint Lawrence Seaway.
``Sec. 70033. Limitation on application to foreign vessels
``Except pursuant to international treaty, convention, or
agreement, to which the United States is a party, subchapters A through
C and this subchapter shall not apply to any foreign vessel that is not
destined for, or departing from, a port or place subject to the
jurisdiction of the United States and that is in--
``(1) innocent passage through the territorial sea of the
United States; or
``(2) transit through the navigable waters of the United
States that form a part of an international strait.
``Sec. 70034. Regulations
``(a) In General.--In accordance with section 553 of title 5, the
Secretary shall issue, and may from time to time amend or repeal,
regulations necessary to implement subchapters A through C and this
subchapter.
``(b) Consultation.--In the exercise of the regulatory authority
under subchapters A through C and this subchapter, the Secretary shall
consult with, and receive and consider the views of all interested
persons, including--
``(1) interested Federal departments and agencies;
``(2) officials of State and local governments;
``(3) representatives of the maritime community;
``(4) representatives of port and harbor authorities or
associations;
``(5) representatives of environmental groups;
``(6) any other interested persons who are knowledgeable or
experienced in dealing with problems involving vessel safety,
port and waterways safety, and protection of the marine
environment; and
``(7) advisory committees consisting of all interested
segments of the public when the establishment of such
committees is considered necessary because the issues involved
are highly complex or controversial.
``Sec. 70035. Investigatory powers
``(a) Secretary.--The Secretary may investigate any incident,
accident, or act involving the loss or destruction of, or damage to,
any structure subject to subchapters A through C and this subchapter,
or that affects or may affect the safety or environmental quality of
the ports, harbors, or navigable waters of the United States.
``(b) Powers.--In an investigation under this section, the
Secretary may issue subpoenas to require the attendance of witnesses
and the production of documents or other evidence relating to such
incident, accident, or act. If any person refuses to obey a subpoena,
the Secretary may request the Attorney General to invoke the aid of the
appropriate district court of the United States to compel compliance
with the subpoena. Any district court of the United States may, in the
case of refusal to obey a subpoena, issue an order requiring compliance
with the subpoena, and failure to obey the order may be punished by the
court as contempt. Witnesses may be paid fees for travel and attendance
at rates not exceeding those allowed in a district court of the United
States.
``Sec. 70036. Enforcement
``(a) Civil Penalty.--
``(1) In general.--Any person who is found by the
Secretary, after notice and an opportunity for a hearing, to
have violated subchapters A through C or this subchapter or a
regulation issued under subchapters A through C or this
subchapter shall be liable to the United States for a civil
penalty, not to exceed $25,000 for each violation. Each day of
a continuing violation shall constitute a separate violation.
The amount of such civil penalty shall be assessed by the
Secretary, or the Secretary's designee, by written notice. In
determining the amount of such penalty, the Secretary shall
take into account the nature, circumstances, extent, and
gravity of the prohibited acts committed and, with respect to
the violator, the degree of culpability, any history of prior
offenses, ability to pay, and such other matters as justice may
require.
``(2) Compromise, modification, or remission.--The
Secretary may compromise, modify, or remit, with or without
conditions, any civil penalty that is subject to imposition or
that has been imposed under this section.
``(3) Failure to pay penalty.--If any person fails to pay
an assessment of a civil penalty after it has become final, the
Secretary may refer the matter to the Attorney General of the
United States, for collection in any appropriate district court
of the United States.
``(b) Criminal Penalty.--
``(1) Class d felony.--Any person who willfully and
knowingly violates subchapters A through C or this subchapter
or any regulation issued thereunder commits a class D felony.
``(2) Class c felony.--Any person who, in the willful and
knowing violation of subchapters A through C or this subchapter
or of any regulation issued thereunder, uses a dangerous
weapon, or engages in conduct that causes bodily injury or fear
of imminent bodily injury to any officer authorized to enforce
the provisions of such a subchapter or the regulations issued
under such subchapter, commits a class C felony.
``(c) In Rem Liability.--Any vessel that is used in violation of
subchapters A, B, or C or this subchapter, or any regulations issued
under such subchapter, shall be liable in rem for any civil penalty
assessed pursuant to subsection (a) and may be proceeded against in the
United States district court for any district in which such vessel may
be found.
``(d) Injunction.--The United States district courts shall have
jurisdiction to restrain violations of subchapter A, B, or C or this
subchapter or of regulations issued under such subchapter, for cause
shown.
``(e) Denial of Entry.--Except as provided in section 70021, the
Secretary may, subject to recognized principles of international law,
deny entry by any vessel that is not in compliance with subchapter A,
B, or C or this subchapter or the regulations issued under such
subchapter--
``(1) into the navigable waters of the United States; or
``(2) to any port or place under the jurisdiction of the
United States.
``(f) Withholding of Clearance.--
``(1) In general.--If any owner, operator, or individual in
charge of a vessel is liable for a penalty or fine under this
section, or if reasonable cause exists to believe that the
owner, operator, or individual in charge may be subject to a
penalty or fine under this section, the Secretary of the
Treasury, upon the request of the Secretary, shall with respect
to such vessel refuse or revoke any clearance required by
section 60105 of title 46.
``(2) Granting clearance refused or revoked.--Clearance
refused or revoked under this subsection may be granted upon
filing of a bond or other surety satisfactory to the
Secretary.''.
(b) Clerical Amendment.--The analysis at the beginning of such
subtitle is amended by inserting before the item relating to chapter
701 the following:
``700. Ports and Waterways Safety........................... 70001.''.
SEC. 402. CONFORMING AMENDMENTS.
(a) Electronic Charts.--
(1) Transfer of provision.--Section 4A of the Ports and
Waterways Safety Act (33 U.S.C. 1223a)--
(A) is redesignated as section 3105 of title 46,
United States Code, and transferred to appear after
section 3104 of that title; and
(B) is amended by striking subsection (b) and
inserting the following:
``(b) Limitation on Application.--Except pursuant to an
international treaty, convention, or agreement, to which the United
States is a party, this section shall not apply to any foreign vessel
that is not destined for, or departing from, a port or place subject to
the jurisdiction of the United States and that is in--
``(1) innocent passage through the territorial sea of the
United States; or
``(2) transit through the navigable waters of the United
States that form a part of an international strait.''.
(2) Clerical amendment.--The analysis at the beginning of
chapter 31 of such title is amended by adding at the end the
following:
``3105. Electronic charts.''.
(b) Port, Harbor, and Coastal Facility Security.--
(1) Transfer of provisions.--So much of section 7 of the
Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes
subsection (c) of that section is redesignated as section 70116
of title 46, United States Code, and transferred to section
70116 of that title.
(2) Definitions, administration, and enforcement.--Section
70116 of title 46, United States Code, as amended by paragraph
(1) of this subsection, is amended by adding at the end the
following:
``(c) Definitions, Administration, and Enforcement.--This section
shall be treated as part of chapter 700 for purposes of sections 70031,
70032, 70034, 70035, and 70036.''.
(3) Clerical amendment.--The analysis at the beginning of
chapter 701 of such title is amended by striking the item
relating to section 70116 and inserting the following:
``70116. Port, harbor, and coastal facility security.''.
(c) Nondisclosure of Port Security Plans.--Subsection (c) of
section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), as so
designated before the application of subsection (b)(1) of this
section--
(1) is redesignated as subsection (f) of section 70103 of
title 46, United States Code, and transferred so as to appear
after subsection (e) of such section; and
(2) is amended by striking ``this Act'' and inserting
``this chapter''.
(d) Repeal.--Section 2307 of title 46, United States Code, and the
item relating to that section in the analysis at the beginning of
chapter 23 of that title, are repealed.
(e) Repeal.--The Ports and Waterways Safety Act (33 U.S.C. 1221-
1231, 1232-1232b), as amended by this Act, is repealed.
SEC. 403. TRANSITIONAL AND SAVINGS PROVISIONS.
(a) Definitions.--In this section:
(1) Source provision.--The term ``source provision'' means
a provision of law that is replaced by a title 46 provision
under this title.
(2) Title 46 provision.--The term ``title 46 provision''
means a provision of title 46, United States Code, that is
enacted by section 402.
(b) Cutoff Date.--The title 46 provisions replace certain
provisions of law enacted before the date of the enactment of this Act.
If a law enacted after that date amends or repeals a source provision,
that law is deemed to amend or repeal, as the case may be, the
corresponding title 46 provision. If a law enacted after that date is
otherwise inconsistent with a title 46 provision or a provision of this
title, that law supersedes the title 46 provision or provision of this
title to the extent of the inconsistency.
(c) Original Date of Enactment Unchanged.--For purposes of
determining whether one provision of law supersedes another based on
enactment later in time, a title 46 provision is deemed to have been
enacted on the date of enactment of the source provision that the title
46 provision replaces.
(d) References to Title 46 Provisions.--A reference to a title 46
provision, including a reference in a regulation, order, or other law,
is deemed to refer to the corresponding source provision.
(e) References to Source Provisions.--A reference to a source
provision, including a reference in a regulation, order, or other law,
is deemed to refer to the corresponding title 46 provision.
(f) Regulations, Orders, and Other Administrative Actions.--A
regulation, order, or other administrative action in effect under a
source provision continues in effect under the corresponding title 46
provision.
(g) Actions Taken and Offenses Committed.--An action taken or an
offense committed under a source provision is deemed to have been taken
or committed under the corresponding title 46 provision.
SEC. 404. RULE OF CONSTRUCTION.
This title, including the amendments made by this title, is
intended only to transfer provisions of the Ports and Waterways Safety
Act to title 46, United States Code, and may not be construed to
alter--
(1) the effect of a provision of the Ports and Waterways
Safety Act, including any authority or requirement therein;
(2) a department or agency interpretation with respect to
the Ports and Waterways Safety Act; or
(3) a judicial interpretation with respect to the Ports and
Waterways Safety Act.
SEC. 405. ADVISORY COMMITTEE: REPEAL.
Section 18 of the Coast Guard Authorization Act of 1991 (Public Law
102-241; 105 Stat. 2213) is repealed.
SEC. 406. REGATTAS AND MARINE PARADES.
(a) In General.--Chapter 700 of title 46, United States Code, as
established by section 401 of this Act, is amended by adding at the end
the following:
``SUBCHAPTER V--REGATTAS AND MARINE PARADES
``Sec. 70041. Regattas and marine parades
``(a) In General.--The Commandant of the Coast Guard may issue
regulations to promote the safety of life on navigable waters during
regattas or marine parades.
``(b) Detail and Use of Vessels.--To enforce regulations issued
under this section--
``(1) the Commandant may detail any public vessel in the
service of the Coast Guard and make use of any private vessel
tendered gratuitously for that purpose; and
``(2) upon the request of the Commandant, the head of any
other Federal department or agency may enforce the regulations
by means of any public vessel of such department and any
private vessel tendered gratuitously for that purpose.
``(c) Transfer of Authority.--The authority of the Commandant under
this section may be transferred by the President for any special
occasion to the head of another Federal department or agency whenever
in the President's judgment such transfer is desirable.
``(d) Penalties.--
``(1) In general.--For any violation of regulations issued
pursuant to this section the following penalties shall be
incurred:
``(A) A licensed officer shall be liable to
suspension or revocation of license in the manner
prescribed by law for incompetency or misconduct.
``(B) Any person in charge of the navigation of a
vessel other than a licensed officer shall be liable to
a penalty of $5,000.
``(C) The owner of a vessel (including any
corporate officer of a corporation owning the vessel)
actually on board shall be liable to a penalty of
$5,000, unless the violation of regulations occurred
without the owner's knowledge.
``(D) Any other person shall be liable to a penalty
of $2,500.
``(2) Mitigation or remission.--The Commandant may mitigate
or remit any penalty provided for in this subsection in the
manner prescribed by law for the mitigation or remission of
penalties for violation of the navigation laws.''.
(b) Clerical Amendment.--The analysis for chapter 700 of title 46,
United States Code, as established by section 401 of this Act, is
amended by adding at the end the following:
``subchapter e--regattas and marine parades
``70041. Regattas and marine parades.''.
(c) Repeal.--The Act of April 28, 1908 (35 Stat. 69, chapter 151;
33 U.S.C. 1233 et seq.), is repealed.
SEC. 407. REGULATION OF VESSELS IN TERRITORIAL WATERS OF UNITED STATES.
(a) Establishment of Subchapter F.--Chapter 700 of title 46, United
States Code, as established by section 401 of this Act, is amended by
adding at the end the following:
``SUBCHAPTER VI--REGULATION OF VESSELS IN TERRITORIAL WATERS OF UNITED
STATES
``Sec. 70054. Definitions
``In this subchapter:
``(1) United states.--The term `United States' includes all
territory and waters, continental or insular, subject to the
jurisdiction of the United States.
``(2) Territorial waters.--The term `territorial waters of
the United States' includes all waters of the territorial sea
of the United States as described in Presidential Proclamation
5928 of December 27, 1988.''.
(b) Regulation of Anchorage and Movement of Vessels During National
Emergency.--Section 1 of title II of the Act of June 15, 1917 (40 Stat.
220, chapter 30; 50 U.S.C. 191), is amended--
(1) by striking the section designation and all that
follows before ``by proclamation'' and inserting the following:
``Sec. 70051. Regulation of anchorage and movement of vessels during
national emergency
``Whenever the President'';
(2) by striking ``of the Treasury'';
(3) by striking ``of the department in which the Coast
Guard is operating'';
(4) by striking ``this title'' and inserting ``this
subchapter''; and
(5) by transferring the section so that the section appears
before section 70054 of title 46, United States Code (as added
by subsection (a) of this section).
(c) Seizure and Forfeiture of Vessel; Fine and Imprisonment.--
Section 2 of title II of the Act of June 15, 1917 (40 Stat. 220,
chapter 30; 50 U.S.C. 192), is amended--
(1) by striking the section designation and all that
follows before ``agent,'' and inserting the following:
``Sec. 70052. Seizure and forfeiture of vessel; fine and imprisonment
``(a) In General.--If any owner,'';
(2) by striking ``this title'' each place it appears and
inserting ``this subchapter''; and
(3) by transferring the section so that the section appears
after section 70051 of title 46, United States Code (as
transferred by subsection (b) of this section).
(d) Enforcement Provisions.--Section 4 of title II of the Act of
June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 194), is amended--
(1) by striking all before ``may employ'' and inserting the
following:
``Sec. 70053. Enforcement provisions
``The President'';
(2) by striking ``the purpose of this title'' and inserting
``this subchapter''; and
(3) by transferring the section so that the section appears
after section 70052 of title 46, United States Code (as
transferred by subsection (c) of this section).
(e) Clerical Amendment.--The analysis for chapter 700 of title 46,
United States Code, as established by section 401 of this Act, is
amended by adding at the end the following:
``subchapter f--regulation of vessels in territorial waters of united
states
``70051. Regulation of anchorage and movement of vessels during
national emergency.
``70052. Seizure and forfeiture of vessel; fine and imprisonment.
``70053. Enforcement provisions.
``70054. Definitions.''.
SEC. 408. PORT, HARBOR, AND COASTAL FACILITY SECURITY.
(a) Transfer of Provisions.--So much of section 7 of the Ports and
Waterways Safety Act (33 U.S.C. 1226) as precedes subsection (c) of
that section is redesignated as section 70102a of title 46, United
States Code, and transferred so as to appear after section 70102 of
that title.
(b) Definitions, Administration, and Enforcement.--Section 70102a
of title 46, United States Code, as amended by paragraph (1) of this
subsection, is amended by adding at the end the following:
``(c) Definitions, Administration, and Enforcement.--This section
shall be treated as part of chapter 700 for purposes of sections 70031,
70032, 70034, 70035, and 70036.''.
(c) Clerical Amendment.--The analysis at the beginning of chapter
701 of such title is amended by inserting after the item relating to
section 70102 the following:
``70102a. Port, harbor, and coastal facility security.''.
(d) Nondisclosure of Port Security Plans.--Subsection (c) of
section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), as so
designated before the application of subsection (b)(1) of this
section--
(1) is redesignated as subsection (f) of section 70103 of
title 46, United States Code, and transferred so as to appear
after subsection (e) of such section; and
(2) is amended by striking ``this Act'' and inserting
``this chapter''.
TITLE V--MARITIME TRANSPORTATION SAFETY
SEC. 501. CONSISTENCY IN MARINE INSPECTIONS.
(a) In General.--Section 3305 of title 46, United States Code, is
amended by adding at the end the following:
``(d)(1) The Commandant of the Coast Guard shall ensure that
Officers in Charge, Marine Inspections consistently interpret
regulations and standards under this subtitle and chapter 700 to avoid
disruption and undue expense to industry.
``(2)(A) Subject to subparagraph (B), in the event of a
disagreement regarding the condition of a vessel or the interpretation
of a regulation or standard referred to in subsection (a) between a
local Officer in Charge, Marine Inspection conducting an inspection of
the vessel and the Officer in Charge, Marine Inspection that issued the
most recent certificate of inspection for the vessel, such Officers
shall seek to resolve such disagreement.
``(B) If a disagreement described in subparagraph (A) involves
vessel design or plan review, the Coast Guard marine safety center
shall be included in all efforts to resolve such disagreement.
``(C) If a disagreement described in subparagraph (A) or (B) cannot
be resolved, the local Officer in Charge, Marine Inspection shall
submit to the Commandant of the Coast Guard, through the cognizant
Coast Guard district commander, a request for a final agency
determination of the matter in disagreement.
``(3) The Commandant of the Coast Guard shall--
``(A) provide to each person affected by a decision or
action by an Officer in Charge, Marine Inspection or by the
Coast Guard marine safety center all information necessary for
such person to exercise any right to appeal such decision or
action; and
``(B) if such an appeal is filed, process such appeal under
parts 1 through 4 of title 46, Code of Federal Regulations, as
in effect on the date of enactment of the Coast Guard
Authorization Act of 2017.
``(4) In this section, the term `Officer in Charge, Marine
Inspection' means any person from the civilian or military branch of
the Coast Guard who--
``(A) is designated as such by the Commandant; and
``(B) under the superintendence and direction of the
cognizant Coast Guard district commander, is in charge of an
inspection zone for the performance of duties with respect to
the inspections under, and enforcement and administration of,
subtitle II, chapter 700, and regulations under such laws.''.
(b) Report on Marine Inspector Training.--Not later than 1 year
after the date of the enactment of this Act, the Commandant of the
Coast Guard 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
training, experience, and qualifications required for assignment as a
marine inspector under section 312 of title 14, United States Code,
including--
(1) a description of any continuing education requirement,
including a specific list of the required courses;
(2) a description of the training, including a specific
list of the included courses, offered to a journeyman or an
advanced journeyman marine inspector to advance inspection
expertise;
(3) a description of any training that was offered in the
15-year period before the date of the enactment of this Act,
but is no longer required or offered, including a specific list
of the included courses, including the senior marine inspector
course and any plan review courses;
(4) a justification for why a course described in paragraph
(3) is no longer required or offered; and
(5) a list of the course content the Commandant considers
necessary to promote consistency among marine inspectors in an
environment of increasingly complex vessels and vessel systems.
SEC. 502. UNINSPECTED PASSENGER VESSELS IN ST. LOUIS COUNTY, MINNESOTA.
Section 4105 of title 46, United States Code, amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) In applying this title with respect to an uninspected vessel
of less than 25 feet overall in length that carries passengers on Crane
Lake or waters contiguous to such lake in St. Louis County, Minnesota,
the Secretary shall substitute `12 passengers' for `6 passengers' each
place it appears in section 2101(51).''.
SEC. 503. ENGINE CUT-OFF SWITCH REQUIREMENTS.
(a) In General.--Chapter 43 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 4312. Engine cut-off switches
``(a) Installation Requirement.--A manufacturer, distributor, or
dealer that installs propulsion machinery and associated starting
controls on a covered recreational vessel shall equip such vessel with
an engine cut-off switch and engine cut-off switch link that meet
American Boat and Yacht Council Standard A-33, as in effect on the date
of the enactment of the Coast Guard Authorization Act of 2017.
``(b) Education on Cut-off Switches.--The Commandant of the Coast
Guard, through the National Boating Safety Advisory Committee
established under section 15105, may initiate a boating safety program
on the use and benefits of cut-off switches for recreational vessels.
``(c) Availability of Standard for Inspection.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this section, the Commandant shall transmit
American Boat and Yacht Council Standard A-33, as in effect on
the date of enactment of the Coast Guard Authorization Act of
2017, to--
``(A) the Committee on Transportation and
Infrastructure of the House of Representatives;
``(B) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(C) the Coast Guard Office of Design and
Engineering Standards; and
``(D) the National Archives and Records
Administration.
``(2) Availability.--The standard submitted under paragraph
(1) shall be kept on file and available for public inspection
at such Coast Guard office and the National Archives and
Records Administration.
``(d) Definitions.--In this section:
``(1) Covered recreational vessel.--The term `covered
recreational vessel' means a recreational vessel that is--
``(A) less than 26 feet overall in length; and
``(B) capable of developing 115 pounds or more of
static thrust.
``(2) Dealer.--The term `dealer' means any person who is
engaged in the sale and distribution of recreational vessels or
associated equipment to purchasers whom the seller in good
faith believes to be purchasing any such vessel or associated
equipment for purposes other than resale.
``(3) Distributor.--The term `distributor' means any person
engaged in the sale and distribution of recreational vessels
and associated equipment for the purposes of resale.
``(4) Manufacturer.--The term `equipment manufacturer'
means any person engaged in the manufacture, construction, or
assembly of recreational vessels or associated equipment, or
the importation of recreational vessels into the United States
for subsequent sale.
``(5) Propulsion machinery.--The term `propulsion
machinery' means a self-contained propulsion system, and
includes, but is not limited to, inboard engines, outboard
motors, and sterndrive engines.
``(6) Static thrust.--The term `static thrust' means the
forward or backwards thrust developed by propulsion machinery
while stationary.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the following:
``4312. Engine cut-off switches.''.
(c) Effective Date.--Section 4312 of title 46, United States Code,
as amended by this section, shall take effect one year after the date
of the enactment of this Act.
SEC. 504. EXCEPTION FROM SURVIVAL CRAFT REQUIREMENTS.
Section 4502(b) of title 46, United States Code, is amended--
(1) in paragraph (2)(B), by striking ``a survival craft''
and inserting ``subject to paragraph (3), a survival craft'';
(2) by adding at the end the following:
``(3) Except for a nonapplicable vessel, an auxiliary craft
shall satisfy the equipment requirement under paragraph (2)(B)
if such craft is--
``(A) necessary for normal fishing operations;
``(B) readily accessible during an emergency; and
``(C) capable, in accordance with the Coast Guard
capacity rating, when applicable, of safely holding all
individuals on board the vessel to which the craft
functions as an auxiliary.''; and
(3) by adding at the end the following:
``(k) For the purposes of this section, the term `auxiliary craft'
means a vessel that is carried onboard a fishing vessel and is normally
used to support fishing operations.''.
SEC. 505. SAFETY STANDARDS.
Section 4502(f) of title 46, United States Code, is amended by
striking paragraphs (2) and (3) and inserting the following:
``(2) shall examine at dockside a vessel described in
subsection (b) at least once every 5 years, but may require an
exam at dockside every 2 years for certain vessels described in
subsection (b) if requested by the owner or operator; and
``(3) shall issue a certificate of compliance to a vessel
meeting the requirements of this chapter and satisfying the
requirements in paragraph (2).''.
SEC. 506. FISHING SAFETY GRANTS.
Section 4502 of title 46, United States Code, is amended--
(1) in subsections (i) and (j), by striking ``Secretary''
each place it appears and inserting ``Secretary of Health and
Human Services'';
(2) in subsection (i)(2), as amended by paragraph (1), by
inserting ``, in consultation with and based on criteria
established by the Commandant of the Coast Guard'' after
``Health and Human Services'';
(3) in subsection (i)(3), by striking ``75'' and inserting
``50'';
(4) in subsection (i)(4), by striking ``$3,000,000 for each
of fiscal years 2015 through 2017'' and inserting ``$3,000,000
for each of fiscal years 2018 through 2019'';
(5) in subsection (j)(2), as amended by paragraph (1), by
inserting ``, in consultation with and based on criteria
established by the Commandant of the Coast Guard,'' after
``Health and Human Services'';
(6) in subsection (j)(3), by striking ``75'' and inserting
``50''; and
(7) in subsection (j)(4), by striking ``$3,000,000 for each
fiscal years 2015 through 2017'' and inserting ``$3,000,000 for
each of fiscal years 2018 through 2019''.
SEC. 507. FISHING, FISH TENDER, AND FISH PROCESSING VESSEL
CERTIFICATION.
(a) Nonapplication.--Section 4503(c)(2)(A) of title 46, United
States Code, is amended by striking ``79'' and inserting ``180''.
(b) Determining When Keel Is Laid.--Section 4503(f) of title 46,
United States Code, as redesignated by section 508 of this Act, is
further amended to read as follows:
``(f)(1) For purposes of this section and section 4503a, the term
`built' means, with respect to a vessel, that the vessel's construction
has reached any of the following stages:
``(A) The vessel's keel is laid.
``(B) Construction identifiable with the vessel has begun
and assembly of that vessel has commenced comprising of at
least 50 metric tons or one percent of the estimated mass of
all structural material, whichever is less.
``(2) In the case of a vessel greater than 79 feet overall in
length, for purposes of paragraph (1)(A) a keel is deemed to be laid
when a marine surveyor affirms that a structure adequate for serving as
a keel for such vessel is in place and identified for use in the
construction of such vessel.''.
SEC. 508. DEADLINE FOR COMPLIANCE WITH ALTERNATE SAFETY COMPLIANCE
PROGRAM.
(a) In General.--Section 4503(d) of title 46, United States Code,
is redesignated as section 4503a and transferred to appear after
section 4503 of such title.
(b) Fishing, Fish Tender, and Fish Processing Vessel
Certification.--Section 4503 of title 46, United States Code, is
amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (d), (e), and (f), respectively;
(2) in subsection (b), by striking ``subsection (d)'' and
inserting ``section 4503a'';
(3) in subsection (c)(2)(B)(ii)(I), by striking
``subsection (e)'' and inserting ``subsection (d)'';
(4) in subsection (c)(2)(B)(ii)(II), by striking
``subsection (f)'' and inserting ``subsection (e)'';
(5) in subsection (e)(1), as amended by paragraph (1) of
this subsection, by striking ``subsection (e)'' each place it
appears and inserting ``subsection (d)''; and
(6) in subsection (e)(2), as amended by paragraph (1) of
this subsection, by striking ``subsection (e)'' each place it
appears and inserting ``subsection (d)'';
(c) Alternate Safety Compliance Program.--Section 4503a of title
46, United States Code, as redesignated and transferred by subsection
(a) of this section, is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), and (5)
as subsections (a), (b), (c), (d), and (e), respectively;
(2) by inserting before subsection (a), as so redesignated,
the following:
``Sec. 4503a. Alternate safety compliance program'';
(3) in subsection (a), as redesignated by paragraph (1) of
this subsection, by striking ``After January 1, 2020,'' and all
that follows through ``the Secretary, if'' and inserting
``Subject to subsection (c), beginning on the date that is 3
years after the date that the Secretary prescribes an alternate
safety compliance program, a fishing vessel, fish processing
vessel, or fish tender vessel to which section 4502(b) of this
title applies shall comply with such an alternate safety
compliance program, if'';
(4) in subsection (a), as so redesignated, by redesignating
subparagraphs (A), (B), and (C) as paragraphs (1), (2), and
(3), respectively;
(5) in subsection (b), as so redesignated, by striking
``establishes standards for an alternate safety compliance
program, shall comply with such an alternative safety
compliance program that is developed in cooperation with the
commercial fishing industry and prescribed by the Secretary''
and inserting ``prescribes an alternate safety compliance
program under subsection (a), shall comply with such an
alternate safety compliance program'';
(6) by amending subsection (c), as so redesignated, to read
as follows:
``(c) For purposes of subsection (a), a separate alternate safety
compliance program may be developed for a specific region or specific
fishery.'';
(7) in subsection (d), as so redesignated--
(A) by striking ``paragraph (1)'' and inserting
``subsection (a)''; and
(B) by striking ``that paragraph'' each place it
appears and inserting ``that subsection'';
(8) in subsection (e), as so redesignated, by--
(A) inserting ``is not eligible to participate in
an alternative safety compliance program prescribed
under subsection (a) and'' after ``July 1, 2012''; and
(B) redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(9) by adding at the end the following:
``(f) For the purposes of this section, the term `built' has the
meaning given that term in section 4503(f).''.
(d) Clerical Amendment.--The analysis at the beginning of chapter
45 of such title is amended by inserting after the item relating to
section 4503 the following
``4503a. Alternate safety compliance program.''.
(e) Conforming Amendment.--Section 3104 of title 46, United States
Code, is amended by striking ``section 4503(e)'' and inserting
``section 4503(d)''.
(f) Final Rule.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the department in which the Coast Guard
is operating shall issue a final rule implementing the requirements
enumerated in section 4503(d) of title 46, as amended by subsection
(b)(1) of this section.
(g) Alternate Safety Compliance Program Status Report.--
(1) In general.--Not later than January 1, 2020, the
Secretary of the department in which the Coast Guard is
operating shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the status of the development of the
alternate safety compliance program directed by section 4503a
of title 46, United States Code, as redesignated by subsection
(c).
(2) Contents.--The report required under paragraph (1)
shall include discussion of--
(A) steps taken in the rulemaking process to
establish the alternate safety compliance program;
(B) communication and collaboration between the
Coast Guard, the department in which the Coast Guard is
operating, and the commercial fishing vessel industry
regarding the development of the alternate safety
compliance program;
(C) consideration given to developing alternate
safety compliance programs for specific regions and
fisheries, as authorized in section 4503a(c) of such
title, as redesignated by subsection (c);
(D) any identified legislative changes necessary to
implement an effective alternate safety compliance
program; and
(E) the timeline and planned actions that will be
taken to implement regulations necessary to fully
establish an alternate safety compliance program before
January 1, 2020.
SEC. 509. TERMINATION OF UNSAFE OPERATIONS; TECHNICAL CORRECTION.
Section 4505(2) of title 46, United States Code, is amended--
(1) by striking ``4503(1)'' and inserting ``4503(a)(2)'';
and
(2) by inserting before the period the following: ``,
except that this paragraph shall not apply with respect to a
vessel to which section 4503a applies''.
SEC. 510. TECHNICAL CORRECTIONS: LICENSES, CERTIFICATES OF REGISTRY,
AND MERCHANT MARINER DOCUMENTS.
Title 46, United States Code, is amended--
(1) in section 7106(b), by striking ``merchant mariner's
document,'' and inserting ``license,'';
(2) in section 7107(b), by striking ``merchant mariner's
document,'' and inserting ``certificate of registry,'';
(3) in section 7507(b)(1), by striking ``licenses or
certificates of registry'' and inserting ``merchant mariner
documents''; and
(4) in section 7507(b)(2) by striking ``merchant mariner's
document.'' and inserting ``license or certificate of
registry.''.
SEC. 511. CLARIFICATION OF LOGBOOK ENTRIES.
(a) In General.--Section 11304 of title 46, United States Code, is
amended--
(1) in subsection (a), by striking ``an official logbook,
which'' and inserting ``a logbook, which may be in any form,
including electronic, and''; and
(2) in subsection (b), by amending paragraph (3) to read as
follows:
``(3) Each illness of, and injury to, a seaman of the
vessel, the nature of the illness or injury, and the medical
treatment provided for the injury or illness.''.
(b) Technical Amendment.--Section 11304(b) is amended by striking
``log book'' and inserting ``logbook''.
SEC. 512. CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL VESSELS.
Section 12105 of title 46, United States Code, is amended by adding
at the end the following:
``(e) Effective Period.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), a certificate of documentation issued under this part is
valid for a 1-year period and may be renewed for additional 1-
year periods.
``(2) Recreational vessels.--
``(A) In general.--A certificate of documentation
for a recreational vessel and the renewal of such a
certificate shall be effective for a 5-year period.
``(B) Phase-in period.--During the period beginning
January 1, 2019, and ending December 31, 2021, the
owner or operator of a recreational vessel may choose a
period of effectiveness of between 1 and 5 years for
such a certificate of documentation for such vessel or
the renewal thereof.
``(C) Fees.--
``(i) Requirement.--The Secretary shall
assess and collect a fee--
``(I) for the issuance of a
certificate of documentation for a
recreational vessel that is equivalent
to the fee established for the issuance
of a certificate of documentation under
section 2110; and
``(II) for the renewal of a
certificate of documentation for a
recreational vessel that is equivalent
to the number of years of effectiveness
of the certificate of documentation
multiplied by the fee established for
the renewal of a certificate of
documentation under section 2110.
``(ii) Treatment.--Fees collected under
this subsection--
``(I) shall be credited to the
account from which the costs of such
issuance or renewal were paid; and
``(II) may remain available until
expended.
``(3) Notice of change in information.--
``(A) Requirement.--The owner of a vessel shall
notify the Coast Guard of each change in the
information on which the issuance of the certificate of
documentation for the vessel is based that occurs
before the expiration of the certificate under this
subsection, by not later than 30 days after such
change.
``(B) Termination of certificate.--The certificate
of documentation for a vessel shall terminate upon the
expiration of such 30-day period if the owner has not
notified the Coast Guard of such change before the end
of such period.
``(4) State and local authority to remove abandoned and
derelict vessels.--Nothing in this section shall be construed
to limit the authority of a State or local authority from
taking action to remove an abandoned or derelict vessel.''.
SEC. 513. NUMBERING FOR UNDOCUMENTED BARGES.
Section 12301(b) of title 46, United States Code, is amended--
(1) by striking ``shall'' and inserting ``may''; and
(2) by inserting ``of'' after ``barge''.
SEC. 514. BACKUP NATIONAL TIMING SYSTEM.
(a) Short Title.--This section may be cited as the ``National
Timing Resilience and Security Act of 2018''.
(b) In General.--Chapter 30 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 312. Alternative timing system
``(a) In General.--Subject to the availability of appropriations,
the Secretary of Transportation shall provide for the establishment,
sustainment, and operation of a land-based, resilient, and reliable
alternative timing system--
``(1) to reduce critical dependencies and provide a
complement to and backup for the timing component of the Global
Positioning System (referred to in this section as `GPS'); and
``(2) to ensure the availability of uncorrupted and non-
degraded timing signals for military and civilian users in the
event that GPS timing signals are corrupted, degraded,
unreliable, or otherwise unavailable.
``(b) Establishment of Requirements.--
``(1) In general.--Not later than 180 days after the date
of enactment of the National Timing Resilience and Security Act
of 2018, the Secretary of Transportation shall establish
requirements for the procurement of the system required by
subsection (a) as a complement to and backup for the timing
component of GPS in accordance with the timing requirements
study required by section 1618 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2595).
``(2) Requirements.--The Secretary of Transportation shall
ensure, to the maximum extent practicable, that the system
established under subsection (a) will--
``(A) be wireless;
``(B) be terrestrial;
``(C) provide wide-area coverage;
``(D) be synchronized with coordinated universal
time;
``(E) be resilient and extremely difficult to
disrupt or degrade;
``(F) be able to penetrate underground and inside
buildings;
``(G) be capable of deployment to remote locations;
``(H) be developed, constructed, and operated
incorporating applicable private sector expertise;
``(I) work in concert with and complement any other
similar positioning, navigation, and timing systems,
including enhanced long-range navigation systems and
Nationwide Differential GPS systems;
``(J) be available for use by Federal and non-
Federal government agencies for public purposes at no
net cost to the Federal Government within 10 years of
initiation of operation;
``(K) be capable of adaptation and expansion to
provide position and navigation capabilities;
``(L) incorporate the recommendations from any GPS
back-up demonstration program initiated and completed
by the Secretary, in coordination with other Federal
agencies, before the date specified in subsection
(c)(1); and
``(M) incorporate such other elements as the
Secretary considers appropriate.
``(c) Implementation Plan.--
``(1) Plan required.--Not later than 180 days after the
date of enactment of the National Timing Resilience and
Security Act of 2018, the Secretary of Transportation 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 setting forth the following:
``(A) A plan to develop, construct, and operate the
system required by subsection (a).
``(B) A description and assessment of the
advantages of a system to provide a follow-on
complementary and backup positioning and navigation
capability to the timing component of GPS.
``(2) Deadline for commencement of operation.--The system
required by subsection (a) shall be in operation by not later
than 2 years after the date of enactment of the National Timing
Resilience and Security Act of 2018.
``(3) Minimum duration of operational capability.--The
system required by subsection (a) shall be designed to be fully
operational for not less than 20 years.
``(d) LORAN Facilities.--
``(1) In general.--If the Secretary of Transportation
determines that any LORAN infrastructure, including the
underlying real property and any spectrum associated with
LORAN, in the possession of the Coast Guard is required by the
Department of Transportation for the purpose of establishing
the system required by subsection (a), the Commandant shall
transfer such property, spectrum, and equipment to the
Secretary.
``(2) CERCLA not affected.--This subsection shall not be
construed to limit the application of or otherwise affect
section 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h))
with respect to the Federal Government facilities described in
paragraph (1).
``(e) Cooperative Agreement.--
``(1) In general.--The Secretary of Transportation may
enter into a cooperative agreement (as that term is described
in section 6305 of title 31) with an entity upon such terms and
conditions as the Secretary of Transportation determines will
fulfill the purpose and requirements of this section and be in
the public interest.
``(2) Requirements.--The cooperative agreement under
paragraph (1) shall, at a minimum, require the Secretary of
Transportation to--
``(A) authorize the entity to sell timing and other
services to commercial and non-commercial third
parties, subject to any national security requirements
determined by the Secretary, in consultation with the
Secretary of Defense;
``(B) require the entity to develop, construct, and
operate at private expense the backup timing system in
accordance with this section;
``(C) allow the entity to make any investments in
technologies necessary over the life of such agreement
to meet future requirements for advanced timing
resilience and technologies;
``(D) require the entity to share 25 percent of the
gross proceeds received by the entity from the sale of
timing services to third parties with the Secretary for
at least 10 years after the date upon which the
Secretary enters into the cooperative agreement;
``(E) require the entity--
``(i) to assume all financial risk for the
completion and operational capability of the
system, after the Secretary provides any LORAN
facilities necessary for the system under
subsection (d), if required for the alternative
timing system; and
``(ii) to furnish performance and payment
bonds in connection with the system in a
reasonable amount as determined by the
Secretary; and
``(F) require the entity to make any investments in
technologies necessary over the life of the agreement
to meet future requirements for advanced timing
resiliency.
``(3) Competition required.--The Secretary shall use
competitive procedures similar to those authorized under
section 2667 of title 10 in selecting an entity to enter into a
cooperative agreement pursuant to this subsection.
``(4) Authorization to purchase services.--The Secretary
may not purchase timing system services from the entity for use
by the Department of Transportation or for provision to other
Federal and non-Federal governmental agencies until the system
achieves operational status, and then only if the necessary
funds for such purchases are provided for in subsequent yearly
appropriations acts made available to the Secretary for each
and every year in which such purchases are made.
``(5) Determination requirement.--The Secretary may not
enter into a cooperative agreement under this subsection unless
the Secretary determines that the cooperative agreement is in
the best financial interest of the Federal Government. The
Secretary shall notify the Committee on Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives of such determination not later than 30 days
after the date of the determination.
``(6) Definition.--In this subsection the term `entity'
means a non-Federal entity with the demonstrated technical
expertise and requisite administrative and financial resources
to meet any terms and conditions established by the Secretary
for purposes of this subsection.''.
(c) Table of Contents.--The table of contents for chapter 3 of
title 49, United States Code, is amended by adding at the end the
following:
``312. Alternative timing system.''.
SEC. 515. SCIENTIFIC PERSONNEL.
Section 2101(41) of title 46, United States Code, is amended--
(1) by inserting ``(A) Subject to subparagraph (B),''
before the text; and
(2) by adding at the end the following:
``(B)(i) Such term includes an individual who is on board
an oceanographic research vessel only to--
``(I) engage in scientific research;
``(II) instruct in oceanography or limnology; or
``(III) receive instruction in oceanography or
limnology.
``(ii) For purposes of clause (i), the age of an individual
may not be considered in determining whether the individual is
described in such clause.''.
SEC. 516. TRANSPARENCY.
(a) In General.--The Commandant of the Coast Guard shall publish
any letter of determination issued by the Coast Guard National Vessel
Documentation Center after the date of the enactment of this Act on the
National Vessel Documentation Center website not later than 30 days
after the date of issuance of such letter of determination.
(b) Audit.--
(1) In general.--The Comptroller General of the United
States shall conduct an audit, the results of which shall be
made publicly available, of--
(A) the method or process by which the Coast Guard
National Vessel Documentation Center develops policy
for and documents compliance with the requirements of
section 67.97 of title 46, Code of Federal Regulations,
for the purpose of issuing endorsements under section
12112 and 12113 of title 46, United States Code;
(B) the coordination between the Coast Guard and
U.S. Customs and Border Protection with respect to the
enforcement of such requirements; and
(C) the extent to which the Secretary of the
department in which the Coast Guard is operating and
the Secretary of Transportation, through the Maritime
Administration, have published and disseminated
information to promote compliance with applicable
vessel construction requirements.
(2) Report.--Not later than 90 days after the audit under
paragraph (1) is complete, 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 regarding the results of and
recommendations made pursuant to such audit.
(c) Outline.--Not later than 180 days after the date of the
submission of the Comptroller General of the United States report
required under subsection (b), the Commandant of the Coast Guard 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 an outline of plans--
(1) to enhance the transparency of the documentation
process, and communications with the maritime industry
regarding such process over the next 5 years; and
(2) to implement the recommendations made by the
Comptroller General of the United States in the report required
under subsection (b)(2).
TITLE VI--ADVISORY COMMITTEES
SEC. 601. NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES.
(a) In General.--Subtitle II of title 46, United States Code, is
amended by adding at the end the following:
``PART K--NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES
``CHAPTER 151--NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES
``Sec.
``15101. National Chemical Transportation Safety Advisory Committee.
``15102. National Commercial Fishing Safety Advisory Committee.
``15103. National Merchant Marine Personnel Advisory Committee.
``15104. National Merchant Mariner Medical Advisory Committee.
``15105. National Boating Safety Advisory Committee.
``15106. National Offshore Safety Advisory Committee.
``15107. National Navigation Safety Advisory Committee.
``15108. National Towing Safety Advisory Committee.
``15109. Administration.
``Sec. 15101. National Chemical Transportation Safety Advisory
Committee
``(a) Establishment.--There is established a National Chemical
Transportation Safety Advisory Committee (in this section referred to
as the `Committee').
``(b) Function.--The Committee shall advise the Secretary on
matters relating to the safe and secure marine transportation of
hazardous materials.
``(c) Membership.--
``(1) In general.--The Committee shall consist of not more
than 25 members appointed by the Secretary in accordance with
this section and section 15109 of this chapter.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Each member of the Committee shall
represent 1 of the following:
``(A) Chemical manufacturing entities.
``(B) Entities related to marine handling or
transportation of chemicals.
``(C) Vessel design and construction entities.
``(D) Marine safety or security entities.
``(E) Marine environmental protection entities.
``(4) Distribution.--The Secretary shall, based on the
needs of the Coast Guard, determine the number of members of
the Committee who represent each entity specified in paragraph
(3). Neither this paragraph nor any other provision of law
shall be construed to require an equal distribution of members
representing each entity specified in paragraph (3).
``Sec. 15102. National Commercial Fishing Safety Advisory Committee
``(a) Establishment.--There is established a National Commercial
Fishing Safety Advisory Committee (in this section referred to as the
`Committee').
``(b) Function.--The Committee shall--
``(1) advise the Secretary on matters relating to the safe
operation of vessels to which chapter 45 of this title applies,
including the matters of--
``(A) navigation safety;
``(B) safety equipment and procedures;
``(C) marine insurance;
``(D) vessel design, construction, maintenance, and
operation; and
``(E) personnel qualifications and training; and
``(2) review regulations proposed under chapter 45 of this
title (during preparation of the regulations).
``(c) Membership.--
``(1) In general.--The Committee shall consist of 18
members appointed by the Secretary in accordance with this
section and section 15109 of this chapter.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) 10 members shall represent the commercial
fishing industry and--
``(i) as a group, shall together reflect a
regional and representational balance; and
``(ii) as individuals, shall each have
experience--
``(I) in the operation of vessels
to which chapter 45 of this title
applies; or
``(II) as a crew member or
processing line worker on a fish
processing vessel.
``(B) 1 member shall represent naval architects and
marine engineers.
``(C) 1 member shall represent manufacturers of
equipment for vessels to which chapter 45 of this title
applies.
``(D) 1 member shall represent education and
training professionals related to fishing vessel, fish
processing vessel, and fish tender vessel safety and
personnel qualifications.
``(E) 1 member shall represent underwriters that
insure vessels to which chapter 45 of this title
applies.
``(F) 1 member shall represent owners of vessels to
which chapter 45 of this title applies.
``(G) 3 members shall represent the general public
and, to the extent possible, shall include--
``(i) an independent expert or consultant
in maritime safety;
``(ii) a marine surveyor who provides
services to vessels to which chapter 45 of this
title applies; and
``(iii) a person familiar with issues
affecting fishing communities and the families
of fishermen.
``Sec. 15103. National Merchant Marine Personnel Advisory Committee
``(a) Establishment.--There is established a National Merchant
Marine Personnel Advisory Committee (in this section referred to as the
`Committee').
``(b) Function.--The Committee shall advise the Secretary on
matters relating to personnel in the United States merchant marine,
including the training, qualifications, certification, documentation,
and fitness of mariners.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 19
members appointed by the Secretary in accordance with this
section and section 15109 of this chapter.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) 9 members shall represent mariners and, of
the 9--
``(i) each shall--
``(I) be a citizen of the United
States; and
``(II) hold an active license or
certificate issued under chapter 71 of
this title or a merchant mariner
document issued under chapter 73 of
this title;
``(ii) 3 shall be deck officers who
represent merchant marine deck officers and, of
the 3--
``(I) 2 shall be licensed for
oceans any gross tons;
``(II) 1 shall be licensed for
inland river route with a limited or
unlimited tonnage;
``(III) 2 shall have a master's
license or a master of towing vessels
license;
``(IV) 1 shall have significant
tanker experience; and
``(V) to the extent practicable--
``(aa) 1 shall represent
labor; and
``(bb) 1 shall represent
management;
``(iii) 3 shall be engineering officers who
represent merchant marine engineering officers
and, of the 3--
``(I) 2 shall be licensed as chief
engineer any horsepower;
``(II) 1 shall be licensed as
either a limited chief engineer or a
designated duty engineer; and
``(III) to the extent practicable--
``(aa) 1 shall represent
labor; and
``(bb) 1 shall represent
management;
``(iv) 2 shall be unlicensed seamen who
represent merchant marine unlicensed seaman
and, of the 2--
``(I) 1 shall represent able-bodied
seamen; and
``(II) 1 shall represent qualified
members of the engine department; and
``(v) 1 shall be a pilot who represents
merchant marine pilots.
``(B) 6 members shall represent marine educators
and, of the 6--
``(i) 3 shall be marine educators who
represent maritime academies and, of the 3--
``(I) 2 shall represent State
maritime academies (and are jointly
recommended by such academies); and
``(II) 1 shall represent either
State maritime academies or the United
States Merchant Marine Academy; and
``(ii) 3 shall be marine educators who
represent other maritime training institutions
and, of the 3, 1 shall represent the small
vessel industry.
``(C) 2 members shall represent shipping companies
employed in ship operation management.
``(D) 2 members shall represent the general public.
``Sec. 15104. National Merchant Mariner Medical Advisory Committee
``(a) Establishment.--There is established a National Merchant
Mariner Medical Advisory Committee (in this section referred to as the
`Committee').
``(b) Function.--The Committee shall advise the Secretary on
matters relating to--
``(1) medical certification determinations for the issuance
of licenses, certification of registry, and merchant mariners'
documents with respect to merchant mariners;
``(2) medical standards and guidelines for the physical
qualifications of operators of commercial vessels;
``(3) medical examiner education; and
``(4) medical research.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 14
members appointed by the Secretary in accordance with this
section and section 15109 of this chapter.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) 9 shall represent health-care professionals
and have particular expertise, knowledge, and
experience regarding the medical examinations of
merchant mariners or occupational medicine.
``(B) 5 shall represent professional mariners and
have particular expertise, knowledge, and experience in
occupational requirements for mariners.
``Sec. 15105. National Boating Safety Advisory Committee
``(a) Establishment.--There is established a National Boating
Safety Advisory Committee (in this section referred to as the
`Committee').
``(b) Function.--The Committee shall advise the Secretary on
matters relating to national boating safety.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 21
members appointed by the Secretary in accordance with this
section and section 15109 of this chapter.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) 7 members shall represent State officials
responsible for State boating safety programs.
``(B) 7 members shall represent recreational vessel
and associated equipment manufacturers.
``(C) 7 members shall represent the general public
or national recreational boating organizations and, of
the 7, at least 5 shall represent national recreational
boating organizations.
``Sec. 15106. National Offshore Safety Advisory Committee
``(a) Establishment.--There is established a National Offshore
Safety Advisory Committee (in this section referred to as the
`Committee').
``(b) Function.--The Committee shall advise the Secretary on
matters relating to activities directly involved with, or in support
of, the exploration of offshore mineral and energy resources, to the
extent that such matters are within the jurisdiction of the Coast
Guard.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 15
members appointed by the Secretary in accordance with this
section and section 15109 of this chapter.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) 2 members shall represent entities engaged in
the production of petroleum.
``(B) 2 members shall represent entities engaged in
offshore drilling.
``(C) 2 members shall represent entities engaged in
the support, by offshore supply vessels or other
vessels, of offshore mineral and oil operations,
including geophysical services.
``(D) 1 member shall represent entities engaged in
the construction of offshore exploration and recovery
facilities.
``(E) 1 member shall represent entities engaged in
diving services related to offshore construction,
inspection, and maintenance.
``(F) 1 member shall represent entities engaged in
safety and training services related to offshore
exploration and construction.
``(G) 1 member shall represent entities engaged in
pipelaying services related to offshore construction.
``(H) 2 members shall represent individuals
employed in offshore operations and, of the 2, 1 shall
have recent practical experience on a vessel or
offshore unit involved in the offshore mineral and
energy industry.
``(I) 1 member shall represent national
environmental entities.
``(J) 1 member shall represent deepwater ports.
``(K) 1 member shall represent the general public
(but not a specific environmental group).
``Sec. 15107. National Navigation Safety Advisory Committee
``(a) Establishment.--There is established a National Navigation
Safety Advisory Committee (in this section referred to as the
`Committee').
``(b) Function.--The Committee shall advise the Secretary on
matters relating to maritime collisions, rammings, and groundings,
Inland Rules of the Road, International Rules of the Road, navigation
regulations and equipment, routing measures, marine information, and
aids to navigation systems.
``(c) Membership.--
``(1) In general.--The Committee shall consist of not more
than 21 members appointed by the Secretary in accordance with
this section and section 15109 of this chapter.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Each member of the Committee shall
represent 1 of the following:
``(A) Commercial vessel owners or operators.
``(B) Professional mariners.
``(C) Recreational boaters.
``(D) The recreational boating industry.
``(E) State agencies responsible for vessel or port
safety.
``(F) The Maritime Law Association.
``(4) Distribution.--The Secretary shall, based on the
needs of the Coast Guard, determine the number of members of
the Committee who represent each entity specified in paragraph
(3). Neither this paragraph nor any other provision of law
shall be construed to require an equal distribution of members
representing each entity specified in paragraph (3).
``Sec. 15108. National Towing Safety Advisory Committee
``(a) Establishment.--There is established a National Towing Safety
Advisory Committee (in this section referred to as the `Committee').
``(b) Function.--The Committee shall advise the Secretary on
matters relating to shallow-draft inland navigation, coastal waterway
navigation, and towing safety.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 18
members appointed by the Secretary in accordance with this
section and section 15109 of this chapter.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) 7 members shall represent the barge and
towing industry, reflecting a regional geographic
balance.
``(B) 1 member shall represent the offshore mineral
and oil supply vessel industry.
``(C) 1 member shall represent masters and pilots
of towing vessels who hold active licenses and have
experience on the Western Rivers and the Gulf
Intracoastal Waterway.
``(D) 1 member shall represent masters of towing
vessels in offshore service who hold active licenses.
``(E) 1 member shall represent masters of active
ship-docking or harbor towing vessels.
``(F) 1 member shall represent licensed and
unlicensed towing vessel engineers with formal training
and experience.
``(G) 2 members shall represent port districts,
authorities, or terminal operators.
``(H) 2 members shall represent shippers and, of
the 2, 1 shall be engaged in the shipment of oil or
hazardous materials by barge.
``(I) 2 members shall represent the general public.
``Sec. 15109. Administration
``(a) Meetings.--Each committee established under this chapter
shall, at least once each year, meet at the call of the Secretary or a
majority of the members of the committee.
``(b) Employee Status.--A member of a committee established under
this chapter shall not be considered an employee of the Federal
Government by reason of service on such committee, except for the
purposes of the following:
``(1) Chapter 81 of title 5.
``(2) Chapter 171 of title 28 and any other Federal law
relating to tort liability.
``(c) Compensation.--Notwithstanding subsection (b), a member of a
committee established under this chapter, when actually engaged in the
performance of the duties of such committee, may--
``(1) receive compensation at a rate established by the
Secretary, not to exceed the maximum daily rate payable under
section 5376 of title 5; or
``(2) if not compensated in accordance with paragraph (1)--
``(A) be reimbursed for actual and reasonable
expenses incurred in the performance of such duties; or
``(B) be allowed travel expenses, including per
diem in lieu of subsistence, as authorized by section
5703 of title 5.
``(d) Acceptance of Volunteer Services.--A member of a committee
established under this chapter may serve on such committee on a
voluntary basis without pay without regard to section 1342 of title 31
or any other law.
``(e) Status of Members.--
``(1) In general.--Except as provided in paragraph (2),
with respect to a member of a committee established under this
chapter whom the Secretary appoints to represent an entity or
group--
``(A) the member is authorized to represent the
interests of the applicable entity or group; and
``(B) requirements under Federal law that would
interfere with such representation and that apply to a
special Government employee (as defined in section
202(a) of title 18), including requirements relating to
employee conduct, political activities, ethics,
conflicts of interest, and corruption, do not apply to
the member.
``(2) Exception.--Notwithstanding subsection (b), a member
of a committee established under this chapter shall be treated
as a special Government employee for purposes of the committee
service of the member if--
``(A) the Secretary appointed the member to
represent the general public; or
``(B) the member, without regard to service on the
committee, is a special Government employee.
``(f) Service on Committee.--
``(1) Solicitation of nominations.--Before appointing an
individual as a member of a committee established under this
chapter, the Secretary shall publish, in the Federal Register,
a timely notice soliciting nominations for membership on such
committee.
``(2) Appointments.--
``(A) In general.--After considering nominations
received pursuant to a notice published under paragraph
(1), the Secretary may, as necessary, appoint a member
to the applicable committee established under this
chapter.
``(B) Prohibition.--The Secretary shall not seek,
consider, or otherwise use information concerning the
political affiliation of a nominee in making an
appointment to any committee established under this
chapter.
``(3) Service at pleasure of the secretary.--
``(A) In general.--Each member of a committee
established under this chapter shall serve at the
pleasure of the Secretary.
``(B) Exception.--Notwithstanding subparagraph (A),
a member of the committee established under section
15102 may only be removed prior to the end of the term
of that member for just cause.
``(4) Security background examinations.--The Secretary may
require an individual to have passed an appropriate security
background examination before appointment to a committee
established under this chapter.
``(5) Prohibition.--
``(A) In general.--Except as provided in
subparagraph (B), a Federal employee may not be
appointed as a member of a committee established under
this chapter.
``(B) Special rule for national merchant marine
personnel advisory committee.--The Secretary may
appoint a Federal employee to serve as a member of the
National Merchant Marine Personnel Advisory Committee
to represent the interests of the United States
Merchant Marine Academy and, notwithstanding paragraphs
(1) and (2), may do so without soliciting, receiving,
or considering nominations for such appointment.
``(6) Terms.--
``(A) In general.--The term of each member of a
committee established under this chapter shall expire
on December 31 of the third full year after the
effective date of the appointment.
``(B) Continued service after term.--When the term
of a member of a committee established under this
chapter ends, the member, for a period not to exceed 1
year, may continue to serve as a member until a
successor is appointed.
``(7) Vacancies.--A vacancy on a committee established
under this chapter shall be filled in the same manner as the
original appointment.
``(8) Special rule for reappointments.--Notwithstanding
paragraphs (1) and (2), the Secretary may reappoint a member of
a committee established under this chapter for any term, other
than the first term of the member, without soliciting,
receiving, or considering nominations for such appointment.
``(g) Staff Services.--The Secretary shall furnish to each
committee established under this chapter any staff and services
considered by the Secretary to be necessary for the conduct of the
committee's functions.
``(h) Chairman; Vice Chairman.--
``(1) In general.--Each committee established under this
chapter shall elect a Chairman and Vice Chairman from among the
committee's members.
``(2) Vice chairman acting as chairman.--The Vice Chairman
shall act as Chairman in the absence or incapacity of, or in
the event of a vacancy in the office of, the Chairman.
``(i) Subcommittees and Working Groups.--
``(1) In general.--The Chairman of a committee established
under this chapter may establish and disestablish subcommittees
and working groups for any purpose consistent with the function
of the committee.
``(2) Participants.--Subject to conditions imposed by the
Chairman, members of a committee established under this chapter
and additional persons drawn from entities or groups designated
by this chapter to be represented on the committee or the
general public may be assigned to subcommittees and working
groups established under paragraph (1).
``(3) Chair.--Only committee members may chair
subcommittees and working groups established under paragraph
(1).
``(j) Consultation, Advice, Reports, and Recommendations.--
``(1) Consultation.--
``(A) In general.--Before taking any significant
action, the Secretary shall consult with, and consider
the information, advice, and recommendations of, a
committee established under this chapter if the
function of the committee is to advise the Secretary on
matters related to the significant action.
``(B) Inclusion.--For purposes of this paragraph,
regulations proposed under chapter 45 of this title are
significant actions.
``(2) Advice, reports, and recommendations.--Each committee
established under this chapter shall submit, in writing, to the
Secretary its advice, reports, and recommendations, in a form
and at a frequency determined appropriate by the committee.
``(3) Explanation of actions taken.--Not later than 60 days
after the date on which the Secretary receives recommendations
from a committee under paragraph (2), the Secretary shall--
``(A) publish the recommendations on a website
accessible at no charge to the public;
``(B) if the recommendations are from the committee
established under section 15102, establish a mechanism
for the submission of public comments on the
recommendations; and
``(C) respond, in writing, to the committee
regarding the recommendations, including by providing
an explanation of actions taken regarding the
recommendations.
``(4) Submission to congress.--
``(A) In general.--The Secretary shall submit to
the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate the
advice, reports, and recommendations received from
committees under paragraph (2).
``(B) Additional submission.--With respect to a
committee established under section 70112 and to which
this section applies, the Secretary shall submit the
advice, reports, and recommendations received from the
committee under paragraph (2) to the Committee on
Homeland Security of the House of Representatives in
addition to the committees specified in subparagraph
(A).
``(k) Observers.--Any Federal agency with matters under such
agency's administrative jurisdiction related to the function of a
committee established under this chapter may designate a representative
to--
``(1) attend any meeting of such committee; and
``(2) participate as an observer at meetings of such
committee that relate to such a matter.
``(l) Termination.--Each committee established under this chapter
shall terminate on September 30, 2027.''.
(b) Clerical Amendment.--The analysis for subtitle II of title 46,
United States Code, is amended by inserting after the item relating to
chapter 147 the following:
``Part K-National Maritime Transportation Advisory Committees
``151. National Maritime Transportation Advisory Committees. 15101''.
(c) Conforming Amendments.--
(1) Commercial fishing safety advisory committee.--Section
4508 of title 46, United States Code, and the item relating to
that section in the analysis for chapter 45 of that title, are
repealed.
(2) Merchant mariner medical advisory committee.--Section
7115 of title 46, United States Code, and the item relating to
that section in the analysis for chapter 71 of that title, are
repealed.
(3) Merchant marine personnel advisory committee.--
(A) Repeal.--Section 8108 of title 46, United
States Code, and the item relating to that section in
the analysis for chapter 81 of that title, are
repealed.
(B) Conforming amendment.--Section 7510(c)(1)(C) of
title 46, United States Code, is amended by inserting
``National'' before ``Merchant Marine''.
(4) National boating safety advisory council.--
(A) Repeal.--Section 13110 of title 46, United
States Code, and the item relating to that section in
the analysis for chapter 131 of that title, are
repealed.
(B) Conforming amendments.--
(i) Regulations.--Section 4302(c)(4) of
title 46, United States Code, is amended by
striking ``Council established under section
13110 of this title'' and inserting ``Committee
established under section 15105 of this
title''.
(ii) Repair and replacement of defects.--
Section 4310(f) of title 46, United States
Code, is amended by striking ``Advisory
Council'' and inserting ``Advisory Committee''.
(5) Navigation safety advisory council.--Section 5 of the
Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is
repealed.
(6) Towing safety advisory committee.--
(A) Repeal.--Public Law 96-380 (33 U.S.C. 1231a) is
repealed.
(B) Conforming amendments.--
(i) Reduction of oil spills from single
hull non-self-propelled tank vessels.--Section
3719 of title 46, United States Code, is
amended by inserting ``National'' before
``Towing Safety''.
(ii) Safety equipment.--Section 4102(f)(1)
of title 46, United States Code, is amended by
inserting ``National'' before ``Towing
Safety''.
(d) Treatment of Existing Councils and Committees.--Notwithstanding
any other provision of law--
(1) an advisory council or committee substantially similar
to an advisory committee established under chapter 151 of title
46, United States Code, as added by this Act, and that was in
force or in effect on the day before the date of enactment of
this section, including a council or committee the authority
for which was repealed under subsection (c), may remain in
force or in effect for a period of 2 years from the date of
enactment of this section, including that the charter,
membership, and other aspects of the council or committee may
remain in force or in effect; and
(2) during the 2-year period referenced in paragraph (1)--
(A) requirements relating to the applicable
advisory committee established under chapter 151 of
title 46, United States Code, shall be treated as
satisfied by the substantially similar advisory council
or committee; and
(B) the enactment of this section, including the
amendments made in this section, shall not be the
basis--
(i) to deem, find, or declare such council
or committee, including the charter,
membership, and other aspects thereof, void,
not in force, or not in effect;
(ii) to suspend the activities of such
council or committee; or
(iii) to bar the members of such council or
committee from meeting.
SEC. 602. MARITIME SECURITY ADVISORY COMMITTEES.
(a) In General.--Section 70112 of title 46, United States Code, is
amended to read as follows:
``Sec. 70112. Maritime Security Advisory Committees
``(a) National Maritime Security Advisory Committee.--
``(1) Establishment.--There is established a National
Maritime Security Advisory Committee (in this subsection
referred to as the `Committee').
``(2) Function.--The Committee shall advise the Secretary
on matters relating to national maritime security, including on
enhancing the sharing of information related to cybersecurity
risks that may cause a transportation security incident,
between relevant Federal agencies and--
``(A) State, local, and tribal governments;
``(B) relevant public safety and emergency response
agencies;
``(C) relevant law enforcement and security
organizations;
``(D) maritime industry;
``(E) port owners and operators; and
``(F) terminal owners and operators.
``(3) Membership.--
``(A) In general.--The Committee shall consist of
at least 8 members, but not more than 21 members,
appointed by the Secretary in accordance with this
subsection and section 15109 of this title.
``(B) Expertise.--Each member of the Committee
shall have particular expertise, knowledge, and
experience in matters relating to the function of the
Committee.
``(C) Representation.--Each of the following shall
be represented by at least 1 member of the Committee:
``(i) Port authorities.
``(ii) Facilities owners and operators.
``(iii) Terminal owners and operators.
``(iv) Vessel owners and operators.
``(v) Maritime labor organizations.
``(vi) The academic community.
``(vii) State and local governments.
``(viii) The maritime industry.
``(D) Distribution.--If the Committee consists of
at least 8 members who, together, satisfy the minimum
representation requirements of subparagraph (C), the
Secretary shall, based on the needs of the Coast Guard,
determine the number of additional members of the
Committee who represent each entity specified in that
subparagraph. Neither this subparagraph nor any other
provision of law shall be construed to require an equal
distribution of members representing each entity
specified in subparagraph (C).
``(4) Administration.--For purposes of section 15109 of
this title, the Committee shall be treated as a committee
established under chapter 151 of such title.
``(b) Area Maritime Security Advisory Committees.--
``(1) In general.--
``(A) Establishment.--The Secretary may--
``(i) establish an Area Maritime Security
Advisory Committee for any port area of the
United States; and
``(ii) request such a committee to review
the proposed Area Maritime Transportation
Security Plan developed under section 70103(b)
and make recommendations to the Secretary that
the committee considers appropriate.
``(B) Additional functions and meetings.--A
committee established under this subsection for an
area--
``(i) may advise, consult with, report to,
and make recommendations to the Secretary on
matters relating to maritime security in that
area;
``(ii) may make available to the Congress
recommendations that the committee makes to the
Secretary; and
``(iii) shall meet at the call of--
``(I) the Secretary, who shall call
such a meeting at least once during
each calendar year; or
``(II) a majority of the committee.
``(2) Membership.--
``(A) In general.--Each committee established under
this subsection shall consist of at least 7 members
appointed by the Secretary, each of whom has at least 5
years practical experience in maritime security
operations.
``(B) Terms.--The term of each member of a
committee established under this subsection shall be
for a period of not more than 5 years, specified by the
Secretary.
``(C) Notice.--Before appointing an individual to a
position on a committee established under this
subsection, the Secretary shall publish a notice in the
Federal Register soliciting nominations for membership
on the committee.
``(D) Background examinations.--The Secretary may
require an individual to have passed an appropriate
security background examination before appointment to a
committee established under this subsection.
``(E) Representation.--Each committee established
under this subsection shall be composed of individuals
who represent the interests of the port industry,
terminal operators, port labor organizations, and other
users of the port areas.
``(3) Chairperson and vice chairperson.--
``(A) In general.--Each committee established under
this subsection shall elect 1 of the committee's
members as the Chairperson and 1 of the committee's
members as the Vice Chairperson.
``(B) Vice chairperson acting as chairperson.--The
Vice Chairperson shall act as Chairperson in the
absence or incapacity of the Chairperson, or in the
event of a vacancy in the office of the Chairperson.
``(4) Observers.--
``(A) In general.--The Secretary shall, and the
head of any other interested Federal agency may,
designate a representative to participate as an
observer with a committee established under this
subsection.
``(B) Role.--The Secretary's designated
representative to a committee established under this
subsection shall act as the executive secretary of the
committee and shall perform the duties set forth in
section 10(c) of the Federal Advisory Committee Act (5
U.S.C. App.).
``(5) Consideration of views.--The Secretary shall consider
the information, advice, and recommendations of each committee
established under this subsection in formulating policy
regarding matters affecting maritime security.
``(6) Compensation and expenses.--
``(A) In general.--A member of a committee
established under this subsection, when attending
meetings of the committee or when otherwise engaged in
the business of the committee, is entitled to receive--
``(i) compensation at a rate fixed by the
Secretary, not exceeding the daily equivalent
of the current rate of basic pay in effect for
GS-15 of the General Schedule under section
5332 of title 5 including travel time; and
``(ii) travel or transportation expenses
under section 5703 of title 5.
``(B) Status.--A member of a committee established
under this subsection shall not be considered to be an
officer or employee of the United States for any
purpose based on the receipt of any payment under this
paragraph.
``(7) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) does not apply to a committee established under this
subsection.''.
(b) Treatment of Existing Committee.--Notwithstanding any other
provision of law--
(1) an advisory committee substantially similar to the
National Maritime Security Advisory Committee established under
section 70112(a) of title 46, United States Code, as amended by
this section, and that was in force or in effect on the day
before the date of enactment of this section, may remain in
force or in effect for a period of 2 years from the date of
enactment of this section, including that the charter,
membership, and other aspects of the committee may remain in
force or in effect; and
(2) during the 2-year period referenced in paragraph (1)--
(A) requirements relating to the National Maritime
Security Advisory Committee established under section
70112(a) of title 46, United States Code, as amended by
this section, shall be treated as satisfied by the
substantially similar advisory committee; and
(B) the enactment of this section, including the
amendments made in this section, shall not be the
basis--
(i) to deem, find, or declare such
committee, including the charter, membership,
and other aspects thereof, void, not in force,
or not in effect;
(ii) to suspend the activities of such
committee; or
(iii) to bar the members of such committee
from meeting.
TITLE VII--FEDERAL MARITIME COMMISSION
SEC. 701. SHORT TITLE.
This title may be cited as the ``Federal Maritime Commission
Authorization Act of 2017''.
SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
Section 308 of title 46, United States Code, is amended by striking
``$24,700,000 for each of fiscal years 2016 and 2017'' and inserting
``$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year
2019''.
SEC. 703. REPORTING ON IMPACT OF ALLIANCES ON COMPETITION.
Section 306 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) an analysis of the impacts on competition for the
purchase of certain covered services by alliances of ocean
common carriers acting pursuant to an agreement under this part
between or among ocean common carriers, including a summary of
actions, including corrective actions, taken by the Commission
to promote such competition.''; and
(2) by adding at the end the following:
``(c) Definition of Certain Covered Services.--In this section, the
term `certain covered services' has the meaning given the term in
section 40102.''.
SEC. 704. DEFINITION OF CERTAIN COVERED SERVICES.
Section 40102 of title 46, United States Code, is amended--
(1) by redesignating paragraphs (5) through (25) as
paragraphs (6) through (26), respectively; and
(2) by inserting after paragraph (4), the following:
``(5) Certain covered services.--For purposes of sections
41105 and 41307, the term `certain covered services' means,
with respect to a vessel--
``(A) the berthing or bunkering of the vessel;
``(B) the loading or unloading of cargo to or from
the vessel to or from a point on a wharf or terminal;
``(C) the positioning, removal, or replacement of
buoys related to the movement of the vessel; and
``(D) with respect to injunctive relief under
section 41307, towing vessel services provided to such
a vessel.''.
SEC. 705. REPORTS FILED WITH THE COMMISSION.
Section 40104(a) of title 46, United States Code, is amended to
read as follows:
``(a) Reports.--
``(1) In general.--The Federal Maritime Commission may
require a common carrier or marine terminal operator, or an
officer, receiver, trustee, lessee, agent, or employee of the
common carrier or marine terminal operator to file with the
Commission a periodical or special report, an account, record,
rate, or charge, or a memorandum of facts and transactions
related to the business of the common carrier or marine
terminal operator, as applicable.
``(2) Requirements.--Any report, account, record, rate,
charge, or memorandum required to be filed under paragraph (1)
shall--
``(A) be made under oath if the Commission
requires; and
``(B) be filed in the form and within the time
prescribed by the Commission.
``(3) Limitation.--The Commission shall--
``(A) limit the scope of any filing ordered under
this section to fulfill the objective of the order; and
``(B) provide a reasonable period of time for
respondents to respond based upon their capabilities
and the scope of the order.''.
SEC. 706. PUBLIC PARTICIPATION.
(a) Notice of Filing.--Section 40304(a) of title 46, United States
Code, is amended to read as follows:
``(a) Notice of Filing.--Not later than 7 days after the date an
agreement is filed, the Federal Maritime Commission shall--
``(1) transmit a notice of the filing to the Federal
Register for publication; and
``(2) request interested persons to submit relevant
information and documents.''.
(b) Request for Information and Documents.--Section 40304(d) of
title 46, United States Code, is amended by striking ``section'' and
inserting ``part''.
(c) Saving Clause.--Nothing in this section, or the amendments made
by this section, may be construed--
(1) to prevent the Federal Maritime Commission from
requesting from a person, at any time, any additional
information or documents the Commission considers necessary to
carry out chapter 403 of title 46, United States Code;
(2) to prescribe a specific deadline for the submission of
relevant information and documents in response to a request
under section 40304(a)(2) of title 46, United States Code; or
(3) to limit the authority of the Commission to request
information under section 40304(d) of title 46, United States
Code.
SEC. 707. OCEAN TRANSPORTATION INTERMEDIARIES.
(a) License Requirement.--Section 40901(a) of title 46, United
States Code, is amended by inserting ``advertise, hold oneself out,
or'' after ``may not''.
(b) Applicability.--Section 40901 of title 46, United States Code,
is amended by adding at the end the following:
``(c) Applicability.--Subsection (a) and section 40902 do not apply
to a person that performs ocean transportation intermediary services on
behalf of an ocean transportation intermediary for which it is a
disclosed agent.''.
(c) Financial Responsibility.--Section 40902(a) of title 46, United
States Code, is amended by inserting ``advertise, hold oneself out,
or'' after ``may not''.
SEC. 708. COMMON CARRIERS.
(a) Section 41104 of title 46, United States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting
``(a) In General.--'' before ``A common carrier'';
(2) in subsection (a), as designated--
(A) by amending paragraph (11) to read as follows:
``(11) knowingly and willfully accept cargo from or
transport cargo for the account of a non-vessel-operating
common carrier that does not have a tariff as required by
section 40501 of this title, or an ocean transportation
intermediary that does not have a bond, insurance, or other
surety as required by section 40902 of this title;'';
(B) in paragraph (12), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(13) continue to participate simultaneously in a rate
discussion agreement and an agreement to share vessels, in the
same trade, if the interplay of the authorities exercised by
the specified agreements is likely, by a reduction in
competition, to produce an unreasonable reduction in
transportation service or an unreasonable increase in
transportation cost.''; and
(3) by adding at the end the following:
``(b) Rule of Construction.--Notwithstanding any other provision of
law, there is no private right of action to enforce the prohibition
under subsection (a)(13).
``(c) Agreement Violation.--Participants in an agreement found by
the Commission to violate subsection (a)(13) shall have 90 days from
the date of such Commission finding to withdraw from the agreement as
necessary to comply with that subsection.''.
(b) Application.--Section 41104(a)(13) of title 46, United States
Code, as amended, shall apply to any agreement filed or with an
effective date before, on, or after the date of enactment of this Act.
SEC. 709. NEGOTIATIONS.
(a) Concerted Action.--Section 41105 of title 46, United States
Code, is amended--
(1) by redesignating paragraphs (5) through (8) as
paragraphs (7) through (10), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) negotiate with a tug or towing vessel service
provider on any matter relating to rates or services provided
within the United States by those tugs or towing vessels;
``(6) with respect to a vessel operated by an ocean common
carrier within the United States, negotiate for the purchase of
certain covered services, unless the negotiations and any
resulting agreements are not in violation of the antitrust laws
and are consistent with the purposes of this part, except that
this paragraph does not prohibit the setting and publishing of
a joint through rate by a conference, joint venture, or
association of ocean common carriers;''.
(b) Authority.--Chapter 411 of title 46, United States Code, is
amended--
(1) by inserting after section 41105 the following:
``Sec. 41105A. Authority
``Nothing in section 41105, as amended by the Federal Maritime
Commission Authorization Act of 2017, shall be construed to limit the
authority of the Department of Justice regarding antitrust matters.'';
and
(2) in the analysis at the beginning of chapter 411, by
inserting after the item relating to section 41105 the
following:
``41105A. Authority.''.
(c) Exemption.--Section 40307(b)(1) of title 46, United States
Code, is amended by inserting ``tug operators,'' after ``motor
carriers,''.
SEC. 710. INJUNCTIVE RELIEF SOUGHT BY THE COMMISSION.
(a) In General.--Section 41307(b) of title 46, United States Code
is amended--
(1) in paragraph (1) by inserting ``or to substantially
lessen competition in the purchasing of certain covered
services'' after ``transportation cost''; and
(2) by adding at the end the following:
``(4) Competition factors.--In making a determination under
this subsection regarding whether an agreement is likely to
substantially lessen competition in the purchasing of certain
covered services, the Commission may consider any relevant
competition factors in affected markets, including, without
limitation, the competitive effect of agreements other than the
agreement under review.''.
(b) Application.--Section 41307(b) of title 46, United States Code,
as amended, shall apply to any agreement filed or with an effective
date before, on, or after the date of enactment of this Act.
SEC. 711. DISCUSSIONS.
(a) In General.--Section 303 of title 46, United States Code, is
amended to read as follows:
``Sec. 303. Meetings
``(a) In General.--The Federal Maritime Commission shall be deemed
to be an agency for purposes of section 552b of title 5.
``(b) Record.--The Commission, through its secretary, shall keep a
record of its meetings and the votes taken on any action, order,
contract, or financial transaction of the Commission.
``(c) Nonpublic Collaborative Discussions.--
``(1) In general.--Notwithstanding section 552b of title 5,
a majority of the Commissioners may hold a meeting that is not
open to public observation to discuss official agency business
if--
``(A) no formal or informal vote or other official
agency action is taken at the meeting;
``(B) each individual present at the meeting is a
Commissioner or an employee of the Commission;
``(C) at least 1 Commissioner from each political
party is present at the meeting, if applicable; and
``(D) the General Counsel of the Commission is
present at the meeting.
``(2) Disclosure of nonpublic collaborative discussions.--
Except as provided under paragraph (3), not later than 2
business days after the conclusion of a meeting under paragraph
(1), the Commission shall make available to the public, in a
place easily accessible to the public--
``(A) a list of the individuals present at the
meeting; and
``(B) a summary of the matters discussed at the
meeting, except for any matters the Commission properly
determines may be withheld from the public under
section 552b(c) of title 5.
``(3) Exception.--If the Commission properly determines
matters may be withheld from the public under section 555b(c)
of title 5, the Commission shall provide a summary with as much
general information as possible on those matters withheld from
the public.
``(4) Ongoing proceedings.--If a meeting under paragraph
(1) directly relates to an ongoing proceeding before the
Commission, the Commission shall make the disclosure under
paragraph (2) on the date of the final Commission decision.
``(5) Preservation of open meetings requirements for agency
action.--Nothing in this subsection may be construed to limit
the applicability of section 552b of title 5 with respect to a
meeting of the Commissioners other than that described in this
subsection.
``(6) Statutory construction.--Nothing in this subsection
may be construed--
``(A) to limit the applicability of section 552b of
title 5 with respect to any information which is
proposed to be withheld from the public under paragraph
(2)(B) of this subsection; or
``(B) to authorize the Commission to withhold from
any individual any record that is accessible to that
individual under section 552a of title 5.''.
(b) Table of Contents.--The analysis at the beginning of chapter 3
of title 46, United States Code, is amended by amending the item
relating to section 303 to read as follows:
``303. Meetings.''.
SEC. 712. TRANSPARENCY.
(a) In General.--Beginning not later than 60 days after the date of
enactment of this Act, the Federal Maritime Commission shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives biannual reports that describe the Commission's
progress toward addressing the issues raised in each unfinished
regulatory proceeding, regardless of whether the proceeding is subject
to a statutory or regulatory deadline.
(b) Format of Reports.--Each report under subsection (a) shall,
among other things, clearly identify for each unfinished regulatory
proceeding--
(1) the popular title;
(2) the current stage of the proceeding;
(3) an abstract of the proceeding;
(4) what prompted the action in question;
(5) any applicable statutory, regulatory, or judicial
deadline;
(6) the associated docket number;
(7) the date the rulemaking was initiated;
(8) a date for the next action; and
(9) if a date for next action identified in the previous
report is not met, the reason for the delay.
SEC. 713. STUDY OF BANKRUPTCY PREPARATION AND RESPONSE.
(a) Study.--The Comptroller General of the United States shall
conduct a study that examines the immediate aftermath of a major ocean
carrier bankruptcy and its impact through the supply chain. The study
shall consider any financial mechanisms that could be used to mitigate
the impact of any future bankruptcy events on the supply chain.
(b) Report.--No later than 1 year after the date of 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 containing the findings, conclusions, and
recommendations, if any, from the study required under subsection (a).
SEC. 714. AGREEMENTS UNAFFECTED.
Nothing in this Act may be construed--
(1) to limit or amend the definition of ``agreement'' in
section 40102(1) of title 46, United States Code, with respect
to the exclusion of maritime labor agreements; or
(2) to apply to a maritime labor agreement (as defined in
section 40102(15) of that title).
TITLE VIII--MISCELLANEOUS
SEC. 801. REPEAL OF OBSOLETE REPORTING REQUIREMENT.
Subsection (h) of section 888 of the Homeland Security Act of 2002
(6 U.S.C. 468) is repealed.
SEC. 802. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD
AUTHORIZATION ACTS.
Section 604(b) of the Howard Coble Coast Guard and Maritime
Transportation Act of 2014 (Public Law 113-281; 128 Stat. 3061) is
amended by inserting ``and fishery endorsement'' after ``endorsement''.
SEC. 803. OFFICER EVALUATION REPORT.
(a) In General.--Not later than 3 years after the date of the
enactment of this Act, the Commandant of the Coast Guard shall reduce
lieutenant junior grade evaluation reports to the same length as an
ensign or place lieutenant junior grade evaluations on an annual
schedule.
(b) Surveys.--Not later than 1 year after the date of the enactment
of this Act, the Commandant of the Coast Guard shall conduct surveys
of--
(1) outgoing promotion board members and assignment
officers to determine, at a minimum--
(A) which sections of the officer evaluation report
were most useful;
(B) which sections of the officer evaluation report
were least useful;
(C) how to better reflect high performers; and
(D) any recommendations for improving the officer
evaluation report; and
(2) at least 10 percent of the officers from each grade of
officers from O1 to O6 to determine how much time each member
of the rating chain spends on that member's portion of the
officer evaluation report.
(c) Revisions.--
(1) In general.--Not later than 4 years after the date of
the completion of the surveys required by subsection (b), the
Commandant of the Coast Guard shall revise the officer
evaluation report, and provide corresponding directions, taking
into account the requirements under paragraph (2).
(2) Requirements.--In revising the officer evaluation
report under paragraph (1), the Commandant shall--
(A) consider the findings of the surveys under
subsection (b);
(B) improve administrative efficiency;
(C) reduce and streamline performance dimensions
and narrative text;
(D) eliminate redundancy with the officer specialty
management system and any other record information
systems that are used during the officer assignment or
promotion process;
(E) provide for fairness and equity for Coast Guard
officers with regard to promotion boards, selection
panels, and the assignment process; and
(F) ensure officer evaluation responsibilities can
be accomplished within normal working hours--
(i) to minimize any impact to officer
duties; and
(ii) to eliminate any need for an officer
to take liberty or leave for administrative
purposes.
(d) Report.--
(1) In general.--Not later than 545 days after the date of
the enactment of this Act, the Commandant of the Coast Guard
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 findings of the surveys under
subsection (b).
(2) Format.--The report under paragraph (1) shall be
formatted by each rank, type of board, and position, as
applicable.
SEC. 804. EXTENSION OF AUTHORITY.
Section 404 of the Coast Guard Authorization Act of 2010 (Public
Law 111-281; 124 Stat. 2950) is amended--
(1) in subsection (a), in the text preceding paragraph (1),
by striking ``sections 3304, 5333, and 5753'' and inserting
``section 3304''; and
(2) by striking subsection (b), and redesignating
subsection (c) as subsection (b).
SEC. 805. COAST GUARD ROTC PROGRAM.
Not later than 1 year after the date of enactment of this Act, the
Commandant of the Coast Guard 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 costs and benefits of creating a Coast Guard Reserve
Officers' Training Corps Program based on the other Armed Forces
programs.
SEC. 806. CURRENCY DETECTION CANINE TEAM PROGRAM.
(a) Definitions.--In this section:
(1) Canine currency detection team.--The term ``canine
currency detection team'' means a canine and a canine handler
that are trained to detect currency.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a program to allow
the use of canine currency detection teams for purposes of Coast Guard
maritime law enforcement, including underway vessel boardings.
(c) Operation.--The Secretary may cooperate with, or enter into an
agreement with, the head of another Federal agency to meet the
requirements under subsection (b).
SEC. 807. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL SEARCH AND
RESPONSE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commandant of the Coast Guard shall establish a Center
of Expertise for Great Lakes Oil Spill Preparedness and Response
(referred to in this section as the ``Center of Expertise'') in
accordance with section 313 of title 14, United States Code, as amended
by this Act.
(b) Location.--The Center of Expertise shall be located in close
proximity to--
(1) critical crude oil transportation infrastructure on and
connecting the Great Lakes, such as submerged pipelines and
high-traffic navigation locks; and
(2) an institution of higher education with adequate
aquatic research laboratory facilities and capabilities and
expertise in Great Lakes aquatic ecology, environmental
chemistry, fish and wildlife, and water resources.
(c) Functions.--The Center of Expertise shall--
(1) monitor and assess, on an ongoing basis, the current
state of knowledge regarding freshwater oil spill response
technologies and the behavior and effects of oil spills in the
Great Lakes;
(2) identify any significant gaps in Great Lakes oil spill
research, including an assessment of major scientific or
technological deficiencies in responses to past spills in the
Great Lakes and other freshwater bodies, and seek to fill those
gaps;
(3) conduct research, development, testing, and evaluation
for freshwater oil spill response equipment, technologies, and
techniques to mitigate and respond to oil spills in the Great
Lakes;
(4) educate and train Federal, State, and local first
responders located in Coast Guard District 9 in--
(A) the incident command system structure;
(B) Great Lakes oil spill response techniques and
strategies; and
(C) public affairs; and
(5) work with academic and private sector response training
centers to develop and standardize maritime oil spill response
training and techniques for use on the Great Lakes.
(d) Definition.--In this section, the term ``Great Lakes'' means
Lake Superior, Lake Michigan, Lake Huron, Lake Erie, and Lake Ontario.
SEC. 808. PUBLIC SAFETY ANSWERING POINTS AND MARITIME SEARCH AND RESCUE
COORDINATION.
Not later than 180 days after the date of the enactment of this
Act--
(1) the Secretary of the department in which the Coast
Guard is operating acting through the Commandant of the Coast
Guard shall review Coast Guard policies and procedures for
public safety answering points and search-and-rescue
coordination with State and local law enforcement entities in
order to--
(A) further minimize the possibility of maritime
911 calls being improperly routed; and
(B) assure the Coast Guard is able to effectively
carry out the Coast Guard's maritime search and rescue
mission; and
(2) the Commandant shall--
(A) formulate a national maritime public safety
answering points policy; and
(B) submit a report to the Congress on such
assessment and policy, which shall include an update to
the report submitted in accordance with section 233 of
the Howard Coble Coast Guard and Maritime
Transportation Act of 2014.
SEC. 809. SHIP SHOAL LIGHTHOUSE TRANSFER: REPEAL.
Effective January 1, 2021, section 27 of the Coast Guard
Authorization Act of 1991 (Public Law 102-241; 105 Stat. 2218) is
repealed.
SEC. 810. LAND EXCHANGE, AYAKULIK ISLAND, ALASKA.
(a) Land Exchange; Ayakulik Island, Alaska.--If the owner of
Ayakulik Island, Alaska, offers to exchange the Island for the Tract--
(1) within 10 days after receiving such offer, the
Secretary shall provide notice of the offer to the Commandant;
(2) within 90 days after receiving the notice under
paragraph (1), the Commandant shall develop and transmit to the
Secretary proposed operational restrictions on commercial
activity conducted on the Tract, including the right of the
Commandant to--
(A) order the immediate termination, for a period
of up to 72 hours, of any activity occurring on or from
the Tract that violates or threatens to violate one or
more of such restrictions; or
(B) commence a civil action for appropriate relief,
including a permanent or temporary injunction enjoining
the activity that violates or threatens to violate such
restrictions;
(3) within 90 days after receiving the proposed operational
restrictions from the Commandant, the Secretary shall transmit
such restrictions to the owner of Ayakulik Island; and
(4) within 30 days after transmitting the proposed
operational restrictions to the owner of Ayakulik Island, and
if the owner agrees to such restrictions, the Secretary shall
convey all right, title, and interest of the United States in
and to the Tract to the owner, subject to an easement granted
to the Commandant to enforce such restrictions, in exchange for
all right, title, and interest of such owner in and to Ayakulik
Island.
(b) Boundary Revisions.--The Secretary may make technical and
conforming revisions to the boundaries of the Tract before the date of
the exchange.
(c) Public Land Order.--Effective on the date of an exchange under
subsection (a), Public Land Order 5550 shall have no force or effect
with respect to submerged lands that are part of the Tract.
(d) Failure to Timely Respond to Notice.--If the Commandant does
not transmit proposed operational restrictions to the Secretary within
30 days after receiving the notice under subsection (a)(1), the
Secretary shall, by not later than 60 days after transmitting such
notice, convey all right, title, and interest of the United States in
and to the Tract to the owner of Ayakulik Island in exchange for all
right, title, and interest of such owner in and to Ayakulik Island.
(e) CERCLA Not Affected.--This section and an exchange under this
section shall not be construed to limit the application of or otherwise
affect section 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
(f) Definitions.--In this section:
(1) Commandant.--The term ``Commandant'' means the
Secretary of the department in which the Coast Guard is
operating, acting through the Commandant of the Coast Guard.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tract.--The term ``Tract'' means the land (including
submerged land) depicted as ``PROPOSED PROPERTY EXCHANGE AREA''
on the survey titled ``PROPOSED PROPERTY EXCHANGE PARCEL'' and
dated 3/22/17.
SEC. 811. USE OF TRACT 43.
Section 524(e)(2) of the Pribilof Island Transition Completion Act
of 2016 (Public Law 114-120), as amended by section 3533 of the
Pribilof Island Transition Completion Amendments Act of 2016 (subtitle
B of title XXXV of Public Law 114-328), is amended by--
(1) striking ``each month'' and inserting ``each April and
October''; and
(2) striking ``previous month'' and inserting ``previous
six months''.
SEC. 812. COAST GUARD MARITIME DOMAIN AWARENESS.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall seek to enter into an arrangement with the
National Academy of Sciences not later than 60 days after the date of
the enactment of this Act under which the Academy shall prepare an
assessment of available unmanned, autonomous, or remotely controlled
maritime domain awareness technologies for use by the Coast Guard.
(b) Assessment.--The assessment shall--
(1) describe the potential limitations of current and
emerging unmanned technologies used in the maritime domain
for--
(A) ocean observation;
(B) vessel monitoring and identification;
(C) weather observation;
(D) to the extent practicable for consideration by
the Academy, intelligence gathering, surveillance, and
reconnaissance; and
(E) communications;
(2) examine how technologies described in paragraph (1) can
help prioritize Federal investment by examining;
(A) affordability, including acquisition,
operations, and maintenance;
(B) reliability;
(C) versatility;
(D) efficiency; and
(E) estimated service life and persistence of
effort; and
(3) analyze whether the use of new and emerging maritime
domain awareness technologies can be used to--
(A) carry out Coast Guard missions at lower costs;
(B) expand the scope and range of Coast Guard
maritime domain awareness;
(C) allow the Coast Guard to more efficiently and
effectively allocate Coast Guard vessels, aircraft, and
personnel; and
(D) identify adjustments that would be necessary in
Coast Guard policies, procedures, and protocols to
incorporate unmanned technologies to enhance
efficiency.
(c) Report to Congress.--Not later than 1 year after entering into
an arrangement with the Secretary under subsection (a), the National
Academy of Sciences shall submit the assessment prepared under this
section to the Committees on Transportation and Infrastructure and
Homeland Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(d) Use of Information.--In formulating costs pursuant to
subsection (b), the National Academy of Sciences may utilize
information from other Coast Guard reports, assessments, or analyses
regarding existing Coast Guard manpower requirements or other reports,
assessments, or analyses for the acquisition of unmanned, autonomous,
or remotely controlled technologies by the Federal Government.
SEC. 813. MONITORING.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall conduct a 1-year pilot program to determine
the impact of persistent use of different types of surveillance systems
on illegal maritime activities, including illegal, unreported, and
unregulated fishing, in the Western Pacific region.
(b) Requirements.--The pilot program shall--
(1) consider the use of light aircraft-based detection
systems that can identify potential illegal activity from high
altitudes and produce enforcement-quality evidence at low
altitudes; and
(2) be directed at detecting and deterring illegal maritime
activities, including illegal, unreported, and unregulated
fishing, and enhancing maritime domain awareness.
SEC. 814. REIMBURSEMENTS FOR NON-FEDERAL CONSTRUCTION COSTS OF CERTAIN
AIDS TO NAVIGATION.
(a) In General.--Subject to the availability of amounts
specifically provided in advance in subsequent appropriations Acts and
in accordance with this section, the Commandant of the Coast Guard may
reimburse a non-Federal entity for costs incurred by the entity for a
covered project.
(b) Conditions.--The Commandant may not provide reimbursement under
subsection (a) with respect to a covered project unless--
(1) the need for the project is a result of the completion
of construction with respect to a federally authorized
navigation channel;
(2) the Commandant determines, through an appropriate
navigation safety analysis, that the project is necessary to
ensure safe marine transportation;
(3) the Commandant approves the design of the project to
ensure that it meets all applicable Coast Guard aids-to-
navigation standards and requirements;
(4) the non-Federal entity agrees to transfer the project
upon completion to the Coast Guard for operation and
maintenance by the Coast Guard as a Federal aid to navigation;
(5) the non-Federal entity carries out the project in
accordance with the same laws and regulations that would apply
to the Coast Guard if the Coast Guard carried out the project,
including obtaining all permits required for the project under
Federal and State law; and
(6) the Commandant determines that the project satisfies
such additional requirements as may be established by the
Commandant.
(c) Limitations.--Reimbursements under subsection (a) may not
exceed the following:
(1) For a single covered project, $5,000,000.
(2) For all covered projects in a single fiscal year,
$5,000,000.
(d) Expiration.--The authority granted under this section shall
expire on the date that is 4 years after the date of enactment of this
section.
(e) Covered Project Defined.--In this section, the term ``covered
project'' means a project carried out--
(1) by a non-Federal entity to construct and establish an
aid to navigation that facilitates safe and efficient marine
transportation on a Federal navigation project authorized by
title I of the Water Resources Development Act of 2007 (Public
Law 110-114); and
(2) in an area that was affected by Hurricane Harvey.
SEC. 815. TOWING SAFETY MANAGEMENT SYSTEM FEES.
(a) Review.--The Commandant of the Coast Guard shall--
(1) review and compare the costs to the Government of--
(A) towing vessel inspections performed by the
Coast Guard; and
(B) such inspections performed by a third party;
and
(2) based on such review and comparison, determine whether
the costs to the Government of such inspections performed by a
third party are different than the costs to the Government of
such inspections performed by the Coast Guard.
(b) Revision of Fees.--If the Commandant determines under
subsection (a) that the costs to the Government of such inspections
performed by a third party are different than the costs to the
Government of such inspections performed by the Coast Guard, then the
Commandant shall revise the fee assessed by the Coast Guard for such
inspections as necessary to conform to the requirements under section
9701 of title 31, United States Code, that such fee be based on the
cost to the Government of such inspections and accurately reflect such
costs.
SEC. 816. OIL SPILL DISBURSEMENTS AUDITING AND REPORT.
Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is
amended--
(1) by repealing subsection (g);
(2) in subsection (l)(1), by striking ``Within one year
after the date of enactment of the Coast Guard Authorization
Act of 2010, and annually thereafter,'' and inserting ``Each
year, on the date on which the President submits to Congress a
budget under section 1105 of title 31, United States Code,'';
and
(3) by amending subsection (l)(2) to read as follows:
``(2) Contents.--The report shall include--
``(A) a list of each incident that--
``(i) occurred in the preceding fiscal
year; and
``(ii) resulted in disbursements from the
Fund, for removal costs and damages, totaling
$500,000 or more;
``(B) a list of each incident that--
``(i) occurred in the fiscal year preceding
the preceding fiscal year; and
``(ii) resulted in disbursements from the
Fund, for removal costs and damages, totaling
$500,000 or more; and
``(C) an accounting of any amounts reimbursed to
the Fund in the preceding fiscal year that were
recovered from a responsible party for an incident that
resulted in disbursements from the Fund, for removal
costs and damages, totaling $500,000 or more.''.
SEC. 817. FLEET REQUIREMENTS ASSESSMENT AND STRATEGY.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of the department in which the Coast Guard is
operating, in consultation with interested Federal and non-Federal
stakeholders, 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 including--
(1) an assessment of Coast Guard at-sea operational fleet
requirements to support its statutory missions established in
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.); and
(2) a strategic plan for meeting the requirements
identified under paragraph (1).
(b) Contents.--The report under subsection (a) shall include--
(1) an assessment of--
(A) the extent to which the Coast Guard at-sea
operational fleet requirements referred to in
subsection (a)(1) are currently being met;
(B) the Coast Guard's current fleet, its
operational lifespan, and how the anticipated changes
in the age and distribution of vessels in the fleet
will impact the ability to meet at-sea operational
requirements;
(C) fleet operations and recommended improvements
to minimize costs and extend operational vessel life
spans; and
(D) the number of Fast Response Cutters, Offshore
Patrol Cutters, and National Security Cutters needed to
meet at-sea operational requirements as compared to
planned acquisitions under the current programs of
record;
(2) an analysis of--
(A) how the Coast Guard at-sea operational fleet
requirements are currently met, including the use of
the Coast Guard's current cutter fleet, agreements with
partners, chartered vessels, and unmanned vehicle
technology; and
(B) whether existing and planned cutter programs of
record (including the Fast Response Cutter, Offshore
Patrol Cutter, and National Security Cutter) will
enable the Coast Guard to meet at-sea operational
requirements; and
(3) a description of--
(A) planned manned and unmanned vessel acquisition;
and
(B) how such acquisitions will change the extent to
which the Coast Guard at-sea operational requirements
are met.
(c) Consultation and Transparency.--
(1) Consultation.--In consulting with the Federal and non-
Federal stakeholders under subsection (a), the Secretary of the
department in which the Coast Guard is operating shall--
(A) provide the stakeholders with opportunities for
input--
(i) prior to initially drafting the report,
including the assessment and strategic plan;
and
(ii) not later than 3 months prior to
finalizing the report, including the assessment
and strategic plan, for submission; and
(B) document the input and its disposition in the
report.
(2) Transparency.--All input provided under paragraph (1)
shall be made available to the public.
(d) Ensuring Maritime Coverage.--In order to meet Coast Guard
mission requirements for search and rescue, ports, waterways, and
coastal security, and maritime environmental response during
recapitalization of Coast Guard vessels, the Coast Guard shall ensure
continuity of the coverage, to the maximum extent practicable, in the
locations that may lose assets.
SEC. 818. NATIONAL SECURITY CUTTER.
(a) Standard Method for Tracking.--The Commandant of the Coast
Guard may not certify an eighth National Security Cutter as Ready for
Operations before the date on which the Commandant provides to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
(1) a notification of a new standard method for tracking
operational employment of Coast Guard major cutters that does
not include time during which such a cutter is away from its
homeport for maintenance or repair; and
(2) a report analyzing cost and performance for different
approaches to achieving varied levels of operational employment
using the standard method required by paragraph (1) that, at a
minimum--
(A) compares over a 30-year period the average
annualized baseline cost and performances for a
certified National Security Cutter that operated for
185 days away from homeport or an equivalent
alternative measure of operational tempo--
(i) against the cost of a 15 percent
increase in days away from homeport or an
equivalent alternative measure of operational
tempo for a National Security Cutter; and
(ii) against the cost of the acquisition
and operation of an additional National
Security Cutter; and
(B) examines the optimal level of operational
employment of National Security Cutters to balance
National Security Cutter cost and mission performance.
(b) Conforming Amendments.--
(1) Section 221(b) of the Coast Guard and Maritime
Transportation Act of 2012 (126 Stat. 1560) is repealed.
(2) Section 204(c)(1) of the Coast Guard Authorization Act
of 2016 (130 Stat. 35) is repealed.
SEC. 819. ACQUISITION PLAN FOR INLAND WATERWAY AND RIVER TENDERS AND
BAY-CLASS ICEBREAKERS.
(a) Acquisition Plan.--Not later than 270 days after the date of
the enactment of this Act, the Commandant of the Coast Guard 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 to replace or extend the life of the
Coast Guard fleet of inland waterway and river tenders, and the Bay-
class icebreakers.
(b) Contents.--The plan under subsection (a) shall include--
(1) an analysis of the work required to extend the life of
vessels described in subsection (a);
(2) recommendations for which, if any, such vessels it is
cost effective to undertake a ship-life extension or enhanced
maintenance program;
(3) an analysis of the aids to navigation program to
determine if advances in navigation technology may reduce the
needs for physical aids to navigation;
(4) recommendations for changes to physical aids to
navigation and the distribution of such aids that reduce the
need for the acquisition of vessels to replace the vessels
described in subsection (a);
(5) a schedule for the acquisition of vessels to replace
the vessels described in subsection (a), including the date on
which the first vessel will be delivered;
(6) the date such acquisition will be complete;
(7) a description of the order and location of replacement
vessels;
(8) an estimate of the cost per vessel and of the total
cost of the acquisition program of record; and
(9) an analysis of whether existing vessels can be used.
SEC. 820. GREAT LAKES ICEBREAKER ACQUISITION.
(a) Icebreaking on the Great Lakes.--For fiscal years 2018 and
2019, the Commandant of the Coast Guard may use funds made available
pursuant to section 4902 of title 14, United States Code, as amended by
this Act, for the construction of an icebreaker that is at least as
capable as the Coast Guard Cutter Mackinaw to enhance icebreaking
capacity on the Great Lakes.
(b) Acquisition Plan.--Not later than 45 days after the date of
enactment of this Act, the Commandant shall submit a plan to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives for acquiring an icebreaker described in subsections
(a) and (b). Such plan shall include--
(1) the details and schedule of the acquisition activities
to be completed; and
(2) a description of how the funding for Coast Guard
acquisition, construction, and improvements that was
appropriated under the Consolidated Appropriations Act, 2017
(Public Law 115-31) will be allocated to support the
acquisition activities referred to in paragraph (1).
SEC. 821. POLAR ICEBREAKERS.
(a) Enhanced Maintenance Program for the Polar Star.--
(1) In general.--Subject to the availability of
appropriations, the Commandant of the Coast Guard shall conduct
an enhanced maintenance program on Coast Guard Cutter Polar
Star (WAGB-10) to extend the service life of such vessel until
at least December 31, 2025.
(2) Requirement for report.--Not later than 180 days after
the date of the enactment of the Coast Guard Authorization Act
of 2017, the Secretary of the department in which the Coast
Guard is operating, in consultation with Naval Sea Systems
Command, shall submit to the Committee on Commerce, Science,
and Transportation and the Committee on Armed Services of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Armed Services of the House of
Representatives a detailed report describing a plan to extend
the service life of the Coast Guard Cutter Polar Star (WAGB-10)
until at least December 31, 2025, through an enhanced
maintenance program.
(3) Content.--The report required by paragraph (2) shall
include the following:
(A) An assessment and discussion of the enhanced
maintenance program recommended by the National
Academies of Sciences, Engineering, and Medicine's
Committee on Polar Icebreaker Cost Assessment in the
letter report ``Acquisition and Operation of Polar
Icebreakers: Fulfilling the Nation's Needs''.
(B) An assessment and discussion of the Government
Accountability Office's concerns and recommendations
regarding service life extension work on Coast Guard
Cutter Polar Star (WAGB-10) in the report ``Status of
the Coast Guard's Polar Icebreaking Fleet Capability
and Recapitalization Plan''.
(C) Based upon a materiel condition assessment of
the Coast Guard Cutter Polar Star (WAGB-10)--
(i) a description of the service life
extension needs of the vessel;
(ii) detailed information regarding planned
shipyard work for each fiscal year to meet such
needs; and
(iii) an estimate of the amount needed to
be appropriated to complete the enhanced
maintenance program.
(D) A plan to ensure the vessel will maintain
seasonally operational status during the enhanced
maintenance program.
(4) Authorization of appropriations.--The Commandant of the
Coast Guard may use funds made available pursuant to section
4902 of title 14, United States Code, as amended by section 202
of this Act, for the enhanced maintenance program described in
the report required by subsection (a).
(b) Coast Guard and Maritime Transportation Act of 2012;
Amendment.--Section 222 of the Coast Guard and Maritime Transportation
Act of 2012 (Public Law 112-213), as amended, is further amended as
follows:
(1) by striking subsections (a) through (d);
(2) by redesignating subsections (e) through (g) as
subsections (a) through (c), respectively;
(3) in subsection (a), as redesignated--
(A) in the matter preceding paragraph (1), by
striking ``Except as provided in subsection (c), the
Commandant'' and inserting ``The Commandant'';
(B) in paragraph (1) by striking ``Polar Sea or'';
(C) in paragraph (2) by striking ``either of the
vessels'' and inserting ``the Polar Star or the Polar
Sea''; and
(D) in paragraph (3) by striking ``either of the
vessels'' each place it appears and inserting ``the
Polar Star''.
SEC. 822. STRATEGIC ASSETS IN THE ARCTIC.
(a) Definition of Arctic.--In this section, the term ``Arctic'' has
the meaning given the term in section 112 of the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4111).
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Arctic continues to grow in significance to both
the national security interests and the economic prosperity of
the United States; and
(2) the Coast Guard must ensure it is positioned to respond
to any accident, incident, or threat with appropriate assets.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Commandant of the Coast Guard, in consultation with the
Secretary of Defense and taking into consideration the Department of
Defense 2016 Arctic Strategy, 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 progress toward implementing the strategic objectives
described in the United States Coast Guard Arctic Strategy dated May
2013.
(d) Contents.--The report under subsection (c) shall include--
(1) a description of the Coast Guard's progress toward each
strategic objective identified in the United States Coast Guard
Arctic Strategy dated May 2013;
(2) an assessment of the assets and infrastructure
necessary to meet the strategic objectives identified in the
United States Coast Guard Arctic Strategy dated May 2013 based
on factors such as--
(A) response time;
(B) coverage area;
(C) endurance on scene;
(D) presence; and
(E) deterrence;
(3) an analysis of the sufficiency of the distribution of
National Security Cutters, Offshore Patrol Cutters, and Fast
Response Cutters both stationed in various Alaskan ports and in
other locations to meet the strategic objectives identified in
the United States Coast Guard Arctic Strategy, dated May 2013;
(4) plans to provide communications throughout the entire
Coastal Western Alaska Captain of the Port zone to improve
waterway safety and mitigate close calls, collisions, and other
dangerous interactions between the shipping industry and
subsistence hunters;
(5) plans to prevent marine casualties, when possible, by
ensuring vessels avoid environmentally sensitive areas and
permanent security zones;
(6) an explanation of--
(A) whether it is feasible to establish a vessel
traffic service, using existing resources or otherwise;
and
(B) whether an Arctic Response Center of Expertise
is necessary to address the gaps in experience, skills,
equipment, resources, training, and doctrine to
prepare, respond to, and recover spilled oil in the
Arctic; and
(7) an assessment of whether sufficient agreements are in
place to ensure the Coast Guard is receiving the information it
needs to carry out its responsibilities.
SEC. 823. ARCTIC PLANNING CRITERIA.
(a) Alternative Planning Criteria.--
(1) In general.--For purposes of the Oil Pollution Act of
1990 (33 U.S.C. 2701 et seq.), the Commandant of the Coast
Guard may approve a vessel response plan under section 311 of
the Federal Water Pollution Control Act (33 U.S.C. 1321) for a
vessel operating in any area covered by the Captain of the Port
Zone (as established by the Commandant) that includes the
Arctic, if the Commandant verifies that--
(A) equipment required to be available for response
under the plan has been tested and proven capable of
operating in the environmental conditions expected in
the area in which it is intended to be operated; and
(B) the operators of such equipment have conducted
training on the equipment within the area covered by
such Captain of the Port Zone.
(2) Post-approval requirements.--In approving a vessel
response plan under paragraph (1), the Commandant shall--
(A) require that the oil spill removal organization
identified in the vessel response plan conduct regular
exercises and drills using the response resources
identified in the plan in the area covered by the
Captain of the Port Zone that includes the Arctic; and
(B) allow such oil spill removal organization to
take credit for a response to an actual spill or
release in the area covered by such Captain of the Port
Zone, instead of conducting an exercise or drill
required under subparagraph (A), if the oil spill
removal organization--
(i) documents which exercise or drill
requirements were met during the response; and
(ii) submits a request for credit to, and
receives approval from, the Commandant.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Commandant of the Coast Guard 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 oil spill prevention and
response capabilities for the area covered by the Captain of
the Port Zone (as established by the Commandant) that includes
the Arctic.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) A description of equipment and assets available
for response under the vessel response plans approved
for vessels operating in the area covered by the
Captain of the Port Zone, including details on any
providers of such equipment and assets.
(B) A description of the location of such equipment
and assets, including an estimate of the time to deploy
the equipment and assets.
(C) A determination of how effectively such
equipment and assets are distributed throughout the
area covered by the Captain of the Port Zone.
(D) A statement regarding whether the ability to
maintain and deploy such equipment and assets is taken
into account when measuring the equipment and assets
available throughout the area covered by the Captain of
the Port Zone.
(E) A validation of the port assessment visit
process and response resource inventory for response
under the vessel response plans approved for vessels
operating in the area covered by the Captain of the
Port Zone.
(F) A determination of the compliance rate with
Federal vessel response plan regulations in the area
covered by the Captain of the Port Zone during the
previous 3 years.
(G) A description of the resources needed
throughout the area covered by the Captain of the Port
Zone to conduct port assessments, exercises, response
plan reviews, and spill responses.
(c) Definition of Arctic.--In this section, the term ``Arctic'' has
the meaning given the term under section 112 of the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4111).
SEC. 824. VESSEL RESPONSE PLAN AUDIT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
complete 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 comprehensive review
of the processes and resources used by the Coast Guard to implement
vessel response plan requirements under section 311 of the Federal
Water Pollution Control Act (33 U.S.C. 1321).
(b) Required Elements of Review.--The review required under
subsection (a) shall, at a minimum, include--
(1) a study, or an audit if appropriate, of the processes
the Coast Guard uses--
(A) to approve the vessel response plans referred
to in subsection (a);
(B) to approve alternate planning criteria used in
lieu of National Planning Criteria in approving such
plans;
(C) to verify compliance with such plans; and
(D) to act in the event of a failure to comply with
the requirements of such plans;
(2) an examination of all Federal and State agency
resources used by the Coast Guard in carrying out the processes
identified under paragraph (1), including--
(A) the current staffing model and organization;
(B) data, software, simulators, systems, or other
technology, including those pertaining to weather, oil
spill trajectory modeling, and risk management;
(C) the total amount of time per fiscal year
expended by Coast Guard personnel to approve and verify
compliance with vessel response plans; and
(D) the average amount of time expended by the
Coast Guard for approval of, and verification of
compliance with, a single vessel response plan;
(3) an analysis of how, including by what means or methods,
the processes identified under paragraph (1)--
(A) ensure compliance with applicable law;
(B) are implemented by the Coast Guard, including
at the district and sector levels;
(C) are informed by public comment and engagement
with States, Indian Tribes, and other regional
stakeholders;
(D) ensure availability and adequate operational
capability and capacity of required assets and
equipment, including in cases in which contractual
obligations may limit the availability of such assets
and equipment for response;
(E) provide for adequate asset and equipment
mobilization time requirements, particularly with
respect to--
(i) calculation and establishment of such
requirements;
(ii) verifying compliance with such
requirements; and
(iii) factoring in weather, including
specific regional adverse weather as defined in
section 155.1020 of title 33, Code of Federal
Regulations, in calculating, establishing, and
verifying compliance with such requirements;
(F) ensure response plan updates and vessel
compliance when changes occur in response planning
criteria, asset and equipment mobilization times, or
regional response needs, such as trends in
transportation of high gravity oils or changes in
vessel traffic volume; and
(G) enable effective action by the Coast Guard in
the event of a failure to comply with response plan
requirements;
(4) a determination regarding whether asset and equipment
mobilization time requirements under approved vessel response
plans can be met by the vessels to which they apply; and
(5) recommendations for improving the processes identified
under paragraph (1), including recommendations regarding the
sufficiency of Coast Guard resources dedicated to those
processes.
SEC. 825. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED STATES FOR
CERTAIN PURPOSES.
For purposes of the application of subtitle II of title 46, United
States Code, to the Volunteer (Hull Number CCA4108), the Illinois and
Michigan Canal is deemed to not be navigable waters of the United
States.
SEC. 826. DOCUMENTATION OF RECREATIONAL VESSELS.
Coast Guard personnel performing nonrecreational vessel
documentation functions under subchapter II of chapter 121 of title 46,
United States Code, may perform recreational vessel documentation under
section 12114 of such title in any fiscal year in which--
(1) funds available for Coast Guard operating expenses may
not be used for expenses incurred for recreational vessel
documentation;
(2) fees collected from owners of yachts and credited to
such use are insufficient to pay expenses of recreational
vessel documentation; and
(3) there is a backlog of applications for recreational
vessel documentation.
SEC. 827. EQUIPMENT REQUIREMENTS; EXEMPTION FROM THROWABLE PERSONAL
FLOTATION DEVICES REQUIREMENT.
Not later than one year after the date of enactment of this Act,
the Secretary of the department in which the Coast Guard is operating
shall--
(1) prescribe regulations in part 160 of title 46, Code of
Federal Regulations, that treat a marine throw bag, as that
term is commonly used in the commercial whitewater rafting
industry, as a type of lifesaving equipment; and
(2) revise section 175.17 of title 33, Code of Federal
Regulations, to exempt rafts that are 16 feet or more overall
in length from the requirement to carry an additional throwable
personal flotation device when such a marine throw bag is
onboard and accessible.
SEC. 828. VISUAL DISTRESS SIGNALS AND ALTERNATIVE USE.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall develop a performance standard for the
alternative use and possession of visual distress alerting and locating
signals as mandated by carriage requirements for recreational boats in
subpart C of part 175 of title 33, Code of Federal Regulations.
(b) Regulations.--Not later than 180 days after the performance
standard for alternative use and possession of visual distress alerting
and locating signals is finalized, the Secretary shall revise part 175
of title 33, Code of Federal Regulations, to allow for carriage of such
alternative signal devices.
SEC. 829. RADAR REFRESHER TRAINING.
Not later than 60 days after the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is operating shall
prescribe a final rule eliminating the requirement that a mariner
actively using the mariner's credential complete an approved refresher
or recertification course to maintain a radar observer endorsement.
This rulemaking shall be exempt from chapters 5 and 6 of title 5,
United States Code, and Executive Orders 12866 and 13563.
SEC. 830. COMMERCIAL FISHING VESSEL SAFETY NATIONAL COMMUNICATIONS
PLAN.
(a) Requirement for Plan.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall develop 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
national communications plan for the purposes of--
(1) disseminating information to the commercial fishing
vessel industry;
(2) conducting outreach with the commercial fishing vessel
industry;
(3) facilitating interaction with the commercial fishing
vessel industry; and
(4) releasing information collected under section 15102 of
title 46, United States Code, as added by this Act, to the
commercial fishing vessel industry.
(b) Content.--The plan required by subsection (a), and each annual
update, shall--
(1) identify staff, resources, and systems available to the
Secretary to ensure the widest dissemination of information to
the commercial fishing vessel industry;
(2) include a means to document all communication and
outreach conducted with the commercial fishing vessel industry;
and
(3) include a mechanism to measure effectiveness of such
plan.
(c) Implementation.--Not later than one year after submission of
the initial plan, the Secretary of the department in which the Coast
Guard is operating shall implement the plan and shall at a minimum--
(1) leverage Coast Guard staff, resources, and systems
available;
(2) monitor implementation nationwide to ensure adherence
to plan contents;
(3) allow each Captain of the Port to adopt the most
effective strategy and means to communicate with commercial
fishing vessel industry in that Captain of the Port Zone;
(4) document communication and outreach; and
(5) solicit feedback from the commercial fishing vessel
industry.
(d) Report and Updates.--The Secretary of the department in which
the Coast Guard is operating shall--
(1) 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 effectiveness of the plan to
date and any updates to ensure maximum impact of the plan one
year after the date of enactment of this Act, and every 4 years
thereafter; and
(2) include in such report input from individual Captains
of the Port and any feedback received from the commercial
fishing vessel industry.
SEC. 831. ATLANTIC COAST PORT ACCESS ROUTE STUDY RECOMMENDATIONS.
Not later than 30 days after the date of the enactment of the Act,
the Commandant of the Coast Guard shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate of
action taken to carry out the recommendations contained in the final
report issued by the Atlantic Coast Port Access Route Study (ACPARS)
workgroup for which notice of availability was published March 14, 2016
(81 Fed. Reg. 13307).
SEC. 832. DRAWBRIDGES.
Section 5 of the Act entitled ``An Act making appropriations for
the construction, repair, and preservation of certain public works on
rivers and harbors, and for other purposes'', approved August 18, 1894
(33 U.S.C. 499), is amended by adding at the end the following:
``(d) Temporary Changes to Drawbridge Operating Schedules.--
Notwithstanding section 553 of title 5, United States Code, whenever a
temporary change to the operating schedule of a drawbridge, lasting 180
days or less--
``(1) is approved--
``(A) the Secretary of the department in which the
Coast Guard is operating shall--
``(i) issue a deviation approval letter to
the bridge owner; and
``(ii) announce the temporary change in--
``(I) the Local Notice to Mariners;
``(II) a broadcast notice to
mariners and through radio stations; or
``(III) such other local media as
the Secretary considers appropriate;
and
``(B) the bridge owner, except a railroad bridge
owner, shall notify--
``(i) the public by publishing notice of
the temporary change in a newspaper of general
circulation published in the place where the
bridge is located;
``(ii) the department, agency, or office of
transportation with jurisdiction over the
roadway that abuts the approaches to the
bridge; and
``(iii) the law enforcement organization
with jurisdiction over the roadway that abuts
the approaches to the bridge; or
``(2) is denied, the Secretary of the department in which
the Coast Guard is operating shall--
``(A) not later than 10 days after the date of
receipt of the request, provide the bridge owner in
writing the reasons for the denial, including any
supporting data and evidence used to make the
determination; and
``(B) provide the bridge owner a reasonable
opportunity to address each reason for the denial and
resubmit the request.
``(e) Drawbridge Movements.--The Secretary of the department in
which the Coast Guard is operating--
``(1) shall require a drawbridge operator to record each
movement of the drawbridge in a logbook;
``(2) may inspect the logbook to ensure drawbridge movement
is in accordance with the posted operating schedule;
``(3) shall review whether deviations from the posted
operating schedule are impairing vehicular and pedestrian
traffic; and
``(4) may determine if the operating schedule should be
adjusted for efficiency of maritime or vehicular and pedestrian
traffic.
``(f) Requirements.--
``(1) Logbooks.--An operator of a drawbridge built across a
navigable river or other water of the United States--
``(A) that opens the draw of such bridge for the
passage of a vessel, shall record in a logbook--
``(i) the bridge identification and date of
each opening;
``(ii) the bridge tender or operator for
each opening;
``(iii) each time it is opened for
navigation;
``(iv) each time it is closed for
navigation;
``(v) the number and direction of vessels
passing through during each opening;
``(vi) the types of vessels passing through
during each opening;
``(vii) an estimated or known size (height,
length, and beam) of the largest vessel passing
through during each opening;
``(viii) for each vessel, the vessel name
and registration number if easily observable;
and
``(ix) all maintenance openings,
malfunctions, or other comments; and
``(B) that remains open to navigation but closes to
allow for trains to cross, shall record in a logbook--
``(i) the bridge identification and date of
each opening and closing;
``(ii) the bridge tender or operator;
``(iii) each time it is opened to
navigation;
``(iv) each time it is closed to
navigation; and
``(v) all maintenance openings, closings,
malfunctions, or other comments.
``(2) Maintenance of logbooks.--A drawbridge operator shall
maintain logbooks required under paragraph (1) for not less
than 5 years.
``(3) Submission of logbooks.--At the request of the
Secretary of the department in which the Coast Guard is
operating, a drawbridge operator shall submit to the Secretary
the logbook required under paragraph (1) as the Secretary
considers necessary to carry out this section.
``(4) Exemption.--The requirements under paragraph (1)
shall be exempt from sections 3501 to 3521 of title 44, United
States Code.''.
SEC. 833. WAIVER.
Section 8902 of title 46, United States Code, shall not apply to
the chain ferry DIANE (United States official number CG002692) when
such vessel is operating on the Kalamazoo River in Saugatuck, Michigan.
SEC. 834. FIRE-RETARDANT MATERIALS.
Section 3503 of title 46, United States Code, is amended to read as
follows:
``Sec. 3503. Fire-retardant materials
``(a)(1) A passenger vessel of the United States having berth or
stateroom accommodations for at least 50 passengers shall be granted a
certificate of inspection only if--
``(A) the vessel is constructed of fire-retardant
materials; and
``(B) the vessel--
``(i) is operating engines, boilers, main
electrical distribution panels, fuel tanks, oil
tanks, and generators that meet current Coast
Guard regulations; and
``(ii) is operating boilers and main
electrical generators that are contained within
noncombustible enclosures equipped with fire
suppression systems.
``(2) Before December 1, 2028, this subsection does not
apply to any vessel in operation before January 1, 1968, and
operating only within the Boundary Line.
``(b)(1) The owner or managing operator of an exempted vessel
described in subsection (a)(2) shall--
``(A) notify in writing prospective passengers,
prior to purchase, and each crew member that the vessel
does not comply with applicable fire safety standards
due primarily to the wooden construction of passenger
berthing areas;
``(B) display in clearly legible font prominently
throughout the vessel, including in each state room the
following: `THIS VESSEL FAILS TO COMPLY WITH SAFETY
RULES AND REGULATIONS OF THE U.S. COAST GUARD.';
``(C) acquire prior to the vessel entering service,
and maintain, liability insurance in an amount to be
prescribed by the Federal Maritime Commission;
``(D) make annual structural alteration to not less
than 10 percent of the areas of the vessel that are not
constructed of fire retardant materials;
``(E) prioritize alterations in galleys,
engineering areas of the vessel, including all spaces
and compartments containing, or adjacent to spaces and
compartments containing, engines, boilers, main
electrical distribution panels, fuel tanks, oil tanks,
and generators;
``(F) ensure, to the satisfaction of the Secretary,
that the combustible fire-load has been reduced
pursuant to subparagraph (D) during each annual
inspection for certification;
``(G) ensure the vessel has multiple forms of
egress off the vessel's bow and stern;
``(H) provide advance notice to the Coast Guard
regarding the structural alterations made pursuant to
subparagraph (D) and comply with any noncombustible
material requirements prescribed by the Coast Guard;
``(I) annually notify all ports of call and State
emergency management offices of jurisdiction that the
vessel does not comply with the requirement under
subsection (a)(1);
``(J) provide crewmembers manning such vessel
shipboard training that--
``(i) is specialized for exempted vessels;
``(ii) exceeds requirements related to
standards for firefighting training under
chapter I of title 46, Code of Federal
Regulations, as in effect on October 1, 2017;
and
``(iii) is approved by the Coast Guard; and
``(K) to the extent practicable, take all steps to
retain previously trained crew knowledgeable of such
vessel or to hire crew trained in operations aboard
exempted vessels.
``(2) The owner or managing operator of an exempted vessel
described in subsection (a)(2) may not disclaim liability to a
passenger or crew member of such vessel for death, injury, or
any other loss caused by fire due to the negligence of the
owner or managing operator.
``(3) The Secretary shall--
``(A) conduct an annual audit and inspection of
each exempted vessel described in subsection (a)(2);
``(B) in implementing subparagraph (b)(1)(F),
consider, to the extent practicable, the goal of
preservation of the historic integrity of such vessel
in areas carrying or accessible to passengers or
generally visible to the public; and
``(C) prescribe regulations to carry out this
section, including to prescribe the manner in which
prospective passengers are to be notified under
paragraph (1)(A).
``(4) The penalties provided in section 3504(c) of this
title shall apply to a violation of this subsection.
``(c) In addition to otherwise applicable penalties, the Secretary
may immediately withdraw a certificate of inspection for an exempted
vessel described in subsection (a)(2) that does not comply with any
requirement under subsection (b).''.
SEC. 835. VESSEL WAIVER.
(a) In General.--Upon the date of enactment of this Act and
notwithstanding sections 12112(a)(2)(A) and 12113(a)(2) of title 46,
United States Code, the Secretary shall issue a certificate of
documentation with coastwise and fishery endorsements to the
certificated vessel.
(b) Replacement Vessel.--The certificated vessel shall qualify as a
replacement vessel for the vessel ``AMERICA NO.1'' (United States
official number 610654) and not be precluded from operating as an
Amendment 80 replacement vessel under the provisions of part 679 of
title 50, Code of Federal Regulations.
(c) Coast Guard Review and Determination.--
(1) Review.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall conduct a review of
the use of certain foreign fabricated steel components in the
hull or superstructure of the certificated vessel.
(2) Determination.--Based on the review conducted under
paragraph (1), the Secretary shall determine whether the
shipyard that constructed the certificated vessel or the
purchaser of the certificated vessel knew before such
components were procured or installed that the use of such
components would violate requirements under sections
12112(a)(2)(A) and 12113(a)(2) of title 46, United States Code.
(3) Revocation.--If the Secretary determines under
paragraph (2) that the shipyard that constructed the
certificated vessel or the purchaser of the certificated vessel
knew before such components were procured or installed that the
use of such components would violate requirements under
sections 12112(a)(2)(A) and 12113(a)(2) of title 46, United
States Code, the Secretary shall immediately revoke the
certificate of documentation issued under subsection (a).
(4) Use of documents.--In conducting the review required
under paragraph (1), the Secretary may request and review any
information, correspondence, or documents related to the
construction of the certificated vessel, including from the
shipyard that constructed the certificated vessel and the
purchaser of the certificated vessel.
(d) Termination.--If the contract for purchase of the certificated
vessel that is in effect on the date of enactment of this Act is
terminated, the purchasing party to that contract shall be prohibited
from entering into a subsequent contract or agreement for purchase of
such vessel.
(e) Definitions.--In this section:
(1) Certificated vessel.--The term ``certificated vessel''
means the vessel America's Finest (United States official
number 1276760).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating, acting
through the Commandant of the Coast Guard.
SEC. 836. TEMPORARY LIMITATIONS.
(a) Limitations.--
(1) In general.--Upon the Coast Guard issuing a certificate
of documentation with coastwise and fishery endorsements for
the vessel ``AMERICA'S FINEST'' (United States official number
1276760) and during any period such certificate is in effect,
and subject to subsection (b), the total amount of groundfish
harvested with respect to subparagraph (A) or the total amount
of deliveries processed from other vessels with respect to
subparagraph (B) by the vessels described in paragraph (2)
shall not collectively exceed--
(A) the percentage of the harvest available in any
Gulf of Alaska groundfish fisheries (other than
fisheries subject to a limited access privilege program
created by the North Pacific Fishery Management
Council) that is equivalent to the total harvest by the
vessels described in paragraph (2) in those fisheries
in the calendar years that a vessel described in
paragraph (2) had harvest from 2012 through 2017
relative to the total allowable catch available to such
vessels in the calendar years 2012 through 2017; or
(B) the percentage of processing of deliveries from
other vessels in any Bering Sea, Aleutian Islands, and
Gulf of Alaska groundfish fisheries (including
fisheries subject to a limited access privilege program
created by the North Pacific Fishery Management
Council, or community development quotas as described
in section 305(i) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1855(i)))
that is equivalent to the total processing of such
deliveries by the vessels described in paragraph (2) in
those fisheries in the calendar years 2012 through 2017
relative to the total allowable catch available in the
calendar years 2012 through 2017.
(2) Applicable vessels.--The limitations described in
paragraph (1) shall apply, in the aggregate, to--
(A) the vessel AMERICA'S FINEST (United States
official number 1276760);
(B) the vessel US INTREPID (United States official
number 604439);
(C) the vessel AMERICAN NO. 1 (United States
official number 610654);
(D) any replacement of a vessel described in
subparagraph (A), (B), or (C); and
(E) any vessel assigned license number LLG3217
under the license limitation program under part 679 of
title 50, Code of Federal Regulations.
(b) Expiration.--The limitations described in subsection (a) shall
apply to a groundfish species in Bering Sea, Aleutian Islands, and Gulf
of Alaska only until the earlier of--
(1) the end of the 6-year period beginning on the date of
enactment of this Act; or
(2) the date on which the Secretary of Commerce issues a
final rule, based on recommendations developed by the North
Pacific Fishery Management Council consistent with the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.), that limits processing deliveries of that
groundfish species from other vessels in any Bering Sea,
Aleutian Islands, and Gulf of Alaska groundfish fisheries that
are not subject to conservation and management measures under
section 206 of the American Fisheries Act (16 U.S.C. 1851
note).
(c) Existing Authority.--Except for the measures required by this
section, nothing in this title shall be construed to limit the
authority of the North Pacific Fishery Management Council or the
Secretary of Commerce under the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.).
SEC. 837. TRANSFER OF COAST GUARD PROPERTY IN JUPITER ISLAND, FLORIDA,
FOR INCLUSION IN HOBE SOUND NATIONAL WILDLIFE REFUGE.
(a) Transfer.--Administrative jurisdiction over the property
described in subsection (b) is transferred to the Secretary of the
Interior.
(b) Property Described.--The property described in this subsection
is real property administered by the Coast Guard in the Town of Jupiter
Island, Florida, comprising Parcel #35-38-42-004-000-02590-6 (Bon Air
Beach lots 259 and 260 located at 83 North Beach Road) and Parcel #35-
38-42-004-000-02610-2 (Bon Air Beach lots 261 to 267), including any
improvements thereon that are not authorized or required by another
provision of law to be conveyed to another person.
(c) Administration.--The property described in subsection (b) is
included in Hobe Sound National Wildlife Refuge, and shall be
administered by the Secretary of the Interior acting through the United
States Fish and Wildlife Service.
SEC. 838. EMERGENCY RESPONSE.
Not later than 90 days after the date of enactment of this Act, the
Commandant of the Coast Guard shall request the National Offshore
Safety Advisory Committee to examine whether there are unnecessary
regulatory barriers to the use of small passenger vessels, crewboats,
and offshore supply vessels in disaster response and provide
recommendations, as appropriate, to reduce such barriers.
SEC. 839. DRAWBRIDGES CONSULTATION.
(a) Consultation.--In addition and subsequent to any rulemaking
conducted under section 117.8 of title 33, Code of Federal Regulations,
related to permanent changes to drawbridge openings that result from
Amtrak service between New Orleans, Louisiana and Orlando, Florida, the
Commandant shall consult with owners or operators of rail lines used
for Amtrak passenger service between New Orleans, Louisiana and
Orlando, Florida and affected waterway users on changes to drawbridge
operating schedules necessary to facilitate the On Time Performance of
passenger trains. These changes to schedules shall not impact Coast
Guard response times to operational missions.
(b) Timing.--Consultation in subsection (a) shall occur after
commencement of Amtrak passenger service on the rail lines between New
Orleans, Louisiana and Orlando, Florida at the following intervals:
(1) Not less than 3 months following the commencement of
Amtrak passenger service.
(2) Not less than 6 months following the commencement of
Amtrak passenger service.
(c) Report.--If after conducting the consultations required by
subsection (b)(2), the Commandant finds that permanent changes to
drawbridge operations are necessary to mitigate delays in the movement
of trains described in subsection (a) and that those changes do not
unreasonably obstruct the navigability of the affected waterways, then
the Commandant shall submit those findings to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives.
TITLE IX--VESSEL INCIDENTAL DISCHARGE ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Vessel Incidental Discharge Act of
2018''.
SEC. 902. PURPOSES; FINDINGS.
(a) Purposes.--The purposes of this title are--
(1) to provide for the establishment of uniform,
environmentally sound standards and requirements for the
management of discharges incidental to the normal operation of
a vessel;
(2) to charge the Environmental Protection Agency with
primary responsibility for establishing standards relating to
the discharge of pollutants from vessels;
(3) to charge the Coast Guard with primary responsibility
for prescribing, administering, and enforcing regulations,
consistent with the discharge standards established by the
Environmental Protection Agency, for the design, construction,
installation, and operation of the equipment and management
practices required onboard vessels; and
(4) to preserve the flexibility of States, political
subdivisions, and certain regions with respect to the
administration and enforcement of standards relating to the
discharge of pollutants from vessels engaged in maritime
commerce and transportation.
(b) Findings.--Congress finds that--
(1) the Environmental Protection Agency is the principal
Federal authority charged under the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) with regulating through
the issuance of permits for the discharge of pollutants into
the navigable waters of the United States;
(2) the Coast Guard is the principal Federal authority
charged with administering, enforcing, and prescribing
regulations relating to the discharge of pollutants from
vessels; and
(3) during the period of 1973 to 2010--
(A) the Environmental Protection Agency promulgated
regulations exempting certain discharges incidental to
the normal operation of vessels from otherwise
applicable permitting requirements of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.); and
(B) Congress enacted laws on numerous occasions
governing the regulation of discharges incidental to
the normal operation of vessels, including--
(i) the Act to Prevent Pollution from Ships
(33 U.S.C. 1901 et seq.);
(ii) the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C.
4701 et seq.);
(iii) the National Invasive Species Act of
1996 (16 U.S.C. 4701 note; Public Law 104-332);
(iv) section 415 of the Coast Guard
Authorization Act of 1998 (Public Law 105-383;
112 Stat. 3434) and section 623 of the Coast
Guard and Maritime Transportation Act of 2004
(33 U.S.C. 1901 note; Public Law 108-293),
which established interim and permanent
requirements, respectively, for the regulation
of vessel discharges of certain bulk cargo
residue;
(v) title XIV of division B of Appendix D
of the Consolidated Appropriations Act, 2001
(Public Law 106-554; 114 Stat. 2763A-315),
which prohibited or limited certain vessel
discharges in certain areas of Alaska;
(vi) section 204 of the Maritime
Transportation Security Act of 2002 (33 U.S.C.
1902a), which established requirements for the
regulation of vessel discharges of agricultural
cargo residue material in the form of hold
washings; and
(vii) title X of the Coast Guard
Authorization Act of 2010 (33 U.S.C. 3801 et
seq.), which provided for the implementation of
the International Convention on the Control of
Harmful Anti-Fouling Systems on Ships, 2001.
SEC. 903. STANDARDS FOR DISCHARGES INCIDENTAL TO NORMAL OPERATION OF
VESSELS.
(a) Uniform National Standards.--
(1) In general.--Section 312 of the Federal Water Pollution
Control Act (33 U.S.C. 1322) is amended by adding at the end
the following:
``(p) Uniform National Standards for Discharges Incidental to
Normal Operation of Vessels.--
``(1) Definitions.--In this subsection:
``(A) Aquatic nuisance species.--The term `aquatic
nuisance species' means a nonindigenous species that
threatens--
``(i) the diversity or abundance of a
native species;
``(ii) the ecological stability of--
``(I) waters of the United States;
or
``(II) waters of the contiguous
zone; or
``(iii) a commercial, agricultural,
aquacultural, or recreational activity that is
dependent on--
``(I) waters of the United States;
or
``(II) waters of the contiguous
zone.
``(B) Ballast water.--
``(i) In general.--The term `ballast water'
means any water, suspended matter, and other
materials taken onboard a vessel--
``(I) to control or maintain trim,
draught, stability, or stresses of the
vessel, regardless of the means by
which any such water or suspended
matter is carried; or
``(II) during the cleaning,
maintenance, or other operation of a
ballast tank or ballast water
management system of the vessel.
``(ii) Exclusion.--The term `ballast water'
does not include any substance that is added to
the water described in clause (i) that is
directly related to the operation of a properly
functioning ballast water management system.
``(C) Ballast water discharge standard.--The term
`ballast water discharge standard' means--
``(i) the numerical ballast water discharge
standard established by section 151.1511 or
151.2030 of title 33, Code of Federal
Regulations (or successor regulations); or
``(ii) if a standard referred to in clause
(i) is superseded by a numerical standard of
performance under this subsection, that
superseding standard.
``(D) Ballast water exchange.--The term `ballast
water exchange' means the replacement of water in a
ballast water tank using 1 of the following methods:
``(i) Flow-through exchange, in which
ballast water is flushed out by pumping in
midocean water at the bottom of the tank if
practicable, and continuously overflowing the
tank from the top, until 3 full volumes of
water have been changed to minimize the number
of original organisms remaining in the tank.
``(ii) Empty and refill exchange, in which
ballast water taken on in ports, estuarine
waters, or territorial waters is pumped out
until the pump loses suction, after which the
ballast tank is refilled with midocean water.
``(E) Ballast water management system.--The term
`ballast water management system' means any marine
pollution control device (including all ballast water
treatment equipment, ballast tanks, pipes, pumps, and
all associated control and monitoring equipment) that
processes ballast water--
``(i) to kill, render nonviable, or remove
organisms; or
``(ii) to avoid the uptake or discharge of
organisms.
``(F) Best available technology economically
achievable.--The term `best available technology
economically achievable' means--
``(i) best available technology
economically achievable (within the meaning of
section 301(b)(2)(A));
``(ii) best available technology (within
the meaning of section 304(b)(2)(B)); and
``(iii) best available technology, as
determined in accordance with section
125.3(d)(3) of title 40, Code of Federal
Regulations (or successor regulations).
``(G) Best conventional pollutant control
technology.--The term `best conventional pollutant
control technology' means--
``(i) best conventional pollutant control
technology (within the meaning of section
301(b)(2)(E));
``(ii) best conventional pollutant control
technology (within the meaning of section
304(b)(4)); and
``(iii) best conventional pollutant control
technology, as determined in accordance with
section 125.3(d)(2) of title 40, Code of
Federal Regulations (or successor regulations).
``(H) Best management practice.--
``(i) In general.--The term `best
management practice' means a schedule of
activities, prohibitions of practices,
maintenance procedures, and other management
practices to prevent or reduce the pollution
of--
``(I) the waters of the United
States; or
``(II) the waters of the contiguous
zone.
``(ii) Inclusions.--The term `best
management practice' includes any treatment
requirement, operating procedure, or practice
to control--
``(I) vessel runoff;
``(II) spillage or leaks;
``(III) sludge or waste disposal;
or
``(IV) drainage from raw material
storage.
``(I) Best practicable control technology currently
available.--The term `best practicable control
technology currently available' means--
``(i) best practicable control technology
currently available (within the meaning of
section 301(b)(1)(A));
``(ii) best practicable control technology
currently available (within the meaning of
section 304(b)(1)); and
``(iii) best practicable control technology
currently available, as determined in
accordance with section 125.3(d)(1) of title
40, Code of Federal Regulations (or successor
regulations).
``(J) Captain of the port zone.--The term `Captain
of the Port Zone' means a Captain of the Port Zone
established by the Secretary pursuant to sections 92,
93, and 633 of title 14, United States Code.
``(K) Empty ballast tank.--The term `empty ballast
tank' means a tank that--
``(i) has previously held ballast water
that has been drained to the limit of the
functional or operational capabilities of the
tank (such as loss of suction);
``(ii) is recorded as empty on a vessel
log; and
``(iii) contains unpumpable residual
ballast water and sediment.
``(L) Great lakes commission.--The term `Great
Lakes Commission' means the Great Lakes Commission
established by article IV A of the Great Lakes Compact
to which Congress granted consent in the Act of July
24, 1968 (Public Law 90-419; 82 Stat. 414).
``(M) Great lakes state.--The term `Great Lakes
State' means any of the States of--
``(i) Illinois;
``(ii) Indiana;
``(iii) Michigan;
``(iv) Minnesota;
``(v) New York;
``(vi) Ohio;
``(vii) Pennsylvania; and
``(viii) Wisconsin.
``(N) Great lakes system.--The term `Great Lakes
System' has the meaning given the term in section
118(a)(3).
``(O) Internal waters.--The term `internal waters'
has the meaning given the term in section 2.24 of title
33, Code of Federal Regulations (or a successor
regulation).
``(P) Marine pollution control device.--The term
`marine pollution control device' means any equipment
or management practice (or combination of equipment and
a management practice), for installation or use onboard
a vessel, that is--
``(i) designed to receive, retain, treat,
control, or discharge a discharge incidental to
the normal operation of a vessel; and
``(ii) determined by the Administrator and
the Secretary to be the most effective
equipment or management practice (or
combination of equipment and a management
practice) to reduce the environmental impacts
of the discharge, consistent with the factors
for consideration described in paragraphs (4)
and (5).
``(Q) Nonindigenous species.--The term
`nonindigenous species' means an organism of a species
that enters an ecosystem beyond the historic range of
the species.
``(R) Organism.--The term `organism' includes--
``(i) an animal, including fish and fish
eggs and larvae;
``(ii) a plant;
``(iii) a pathogen;
``(iv) a microbe;
``(v) a virus;
``(vi) a prokaryote (including any archean
or bacterium);
``(vii) a fungus; and
``(viii) a protist.
``(S) Pacific region.--
``(i) In general.--The term `Pacific
Region' means any Federal or State water--
``(I) adjacent to the State of
Alaska, California, Hawaii, Oregon, or
Washington; and
``(II) extending from shore.
``(ii) Inclusion.--The term `Pacific
Region' includes the entire exclusive economic
zone (as defined in section 1001 of the Oil
Pollution Act of 1990 (33 U.S.C. 2701))
adjacent to each State described in clause
(i)(I).
``(T) Port or place of destination.--The term `port
or place of destination' means a port or place to which
a vessel is bound to anchor or moor.
``(U) Render nonviable.--The term `render
nonviable', with respect to an organism in ballast
water, means the action of a ballast water management
system that renders the organism permanently incapable
of reproduction following treatment.
``(V) Saltwater flush.--
``(i) In general.--The term `saltwater
flush' means--
``(I)(aa) the addition of as much
midocean water into each empty ballast
tank of a vessel as is safe for the
vessel and crew; and
``(bb) the mixing of the flushwater
with residual ballast water and
sediment through the motion of the
vessel; and
``(II) the discharge of that mixed
water, such that the resultant residual
water remaining in the tank--
``(aa) has the highest
salinity possible; and
``(bb) is at least 30 parts
per thousand.
``(ii) Multiple sequences.--For purposes of
clause (i), a saltwater flush may require more
than 1 fill-mix-empty sequence, particularly if
only small quantities of water can be safely
taken onboard a vessel at 1 time.
``(W) Secretary.--The term `Secretary' means the
Secretary of the department in which the Coast Guard is
operating.
``(X) Small vessel general permit.--The term `Small
Vessel General Permit' means the permit that is the
subject of the notice of final permit issuance entitled
`Final National Pollutant Discharge Elimination System
(NPDES) Small Vessel General Permit for Discharges
Incidental to the Normal Operation of Vessels Less Than
79 Feet' (79 Fed. Reg. 53702 (September 10, 2014)).
``(Y) Small vessel or fishing vessel.--The term
`small vessel or fishing vessel' means a vessel that
is--
``(i) less than 79 feet in length; or
``(ii) a fishing vessel, fish processing
vessel, or fish tender vessel (as those terms
are defined in section 2101 of title 46, United
States Code), regardless of the length of the
vessel.
``(Z) Vessel general permit.--The term `Vessel
General Permit' means the permit that is the subject of
the notice of final permit issuance entitled `Final
National Pollutant Discharge Elimination System (NPDES)
General Permit for Discharges Incidental to the Normal
Operation of a Vessel' (78 Fed. Reg. 21938 (April 12,
2013)).
``(2) Applicability.--
``(A) In general.--Except as provided in
subparagraph (B), this subsection applies to--
``(i) any discharge incidental to the
normal operation of a vessel; and
``(ii) any discharge incidental to the
normal operation of a vessel (such as most
graywater) that is commingled with sewage,
subject to the conditions that--
``(I) nothing in this subsection
prevents a State from regulating sewage
discharges; and
``(II) any such commingled
discharge shall comply with all
applicable requirements of--
``(aa) this subsection; and
``(bb) any law applicable
to discharges of sewage.
``(B) Exclusion.--This subsection does not apply to
any discharge incidental to the normal operation of a
vessel--
``(i) from--
``(I) a vessel of the Armed Forces
subject to subsection (n);
``(II) a recreational vessel
subject to subsection (o);
``(III) a small vessel or fishing
vessel, except that this subsection
shall apply to any discharge of ballast
water from a small vessel or fishing
vessel; or
``(IV) a floating craft that is
permanently moored to a pier, including
a `floating' casino, hotel, restaurant,
or bar;
``(ii) of ballast water from a vessel--
``(I) that continuously takes on
and discharges ballast water in a flow-
through system, if the Administrator
determines that system cannot
materially contribute to the spread or
introduction of an aquatic nuisance
species into waters of the United
States;
``(II) in the National Defense
Reserve Fleet that is scheduled for
disposal, if the vessel does not have
an operable ballast water management
system;
``(III) that discharges ballast
water consisting solely of water taken
onboard from a public or commercial
source that, at the time the water is
taken onboard, meets the applicable
requirements or permit requirements of
the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
``(IV) that carries all permanent
ballast water in sealed tanks that are
not subject to discharge; or
``(V) that only discharges ballast
water into a reception facility; or
``(iii) that results from, or contains
material derived from, an activity other than
the normal operation of the vessel, such as
material resulting from an industrial or
manufacturing process onboard the vessel.
``(3) Continuation in effect of existing requirements.--
``(A) Vessel general permit.--Notwithstanding the
expiration date of the Vessel General Permit or any
other provision of law, all provisions of the Vessel
General Permit shall remain in force and effect, and
shall not be modified, until the applicable date
described in subparagraph (C).
``(B) Nonindigenous aquatic nuisance prevention and
control act regulations.--Notwithstanding section
903(a)(2)(A) of the Vessel Incidental Discharge Act of
2018, all regulations promulgated by the Secretary
pursuant to section 1101 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4711) (as in effect on the day before the date of
enactment of this subsection), including the
regulations contained in subparts C and D of part 151
of title 33, Code of Federal Regulations, and subpart
162.060 of part 162 of title 46, Code of Federal
Regulations (as in effect on the day before that date
of enactment), shall remain in force and effect until
the applicable date described in subparagraph (C).
``(C) Repeal on existence of final, effective, and
enforceable requirements.--Effective beginning on the
date on which the requirements promulgated by the
Secretary under subparagraphs (A), (B), and (C) of
paragraph (5) with respect to every discharge
incidental to the normal operation of a vessel that is
subject to regulation under this subsection are final,
effective, and enforceable, the requirements of the
Vessel General Permit and the regulations described in
subparagraph (B) shall have no force or effect.
``(4) National standards of performance for marine
pollution control devices and water quality orders.--
``(A) Establishment.--
``(i) In general.--Not later than 2 years
after the date of enactment of this subsection,
the Administrator, in concurrence with the
Secretary (subject to clause (ii)), and in
consultation with interested Governors (subject
to clause (iii)), shall promulgate Federal
standards of performance for marine pollution
control devices for each type of discharge
incidental to the normal operation of a vessel
that is subject to regulation under this
subsection.
``(ii) Concurrence with secretary.--
``(I) Request.--The Administrator
shall submit to the Secretary a request
for written concurrence with respect to
a proposed standard of performance
under clause (i).
``(II) Effect of failure to
concur.--A failure by the Secretary to
concur with the Administrator under
clause (i) by the date that is 60 days
after the date on which the
Administrator submits a request for
concurrence under subclause (I) shall
not prevent the Administrator from
promulgating the relevant standard of
performance in accordance with the
deadline under clause (i), subject to
the condition that the Administrator
shall include in the administrative
record of the promulgation--
``(aa) documentation of the
request submitted under
subclause (I); and
``(bb) the response of the
Administrator to any written
objections received from the
Secretary relating to the
proposed standard of
performance during the 60-day
period beginning on the date of
submission of the request.
``(iii) Consultation with governors.--
``(I) In general.--The
Administrator, in promulgating a
standard of performance under clause
(i), shall develop the standard of
performance--
``(aa) in consultation with
interested Governors; and
``(bb) in accordance with
the deadlines under that
clause.
``(II) Process.--The Administrator
shall develop a process for soliciting
input from interested Governors,
including information sharing relevant
to such process, to allow interested
Governors to inform the development of
standards of performance under clause
(i).
``(III) Objection by governors.--
``(aa) Submission.--An
interested Governor that
objects to a proposed standard
of performance under clause (i)
may submit to the Administrator
in writing a detailed objection
to the proposed standard of
performance, describing the
scientific, technical, or
operational factors that form
the basis of the objection.
``(bb) Response.--Before
finalizing a standard of
performance under clause (i)
that is subject to an objection
under item (aa) from 1 or more
interested Governors, the
Administrator shall provide a
written response to each
interested Governor that
submitted an objection under
that item that details the
scientific, technical, or
operational factors that form
the basis for that standard of
performance.
``(cc) Judicial review.--A
response of the Administrator
under item (bb) shall not be
subject to judicial review.
``(iv) Procedure.--The Administrator shall
promulgate the standards of performance under
this subparagraph in accordance with--
``(I) this paragraph; and
``(II) section 553 of title 5,
United States Code.
``(B) Stringency.--
``(i) In general.--Subject to clause (iii),
the standards of performance promulgated under
this paragraph shall require--
``(I) with respect to conventional
pollutants, toxic pollutants, and
nonconventional pollutants (including
aquatic nuisance species), the
application of the best practicable
control technology currently available;
``(II) with respect to conventional
pollutants, the application of the best
conventional pollutant control
technology; and
``(III) with respect to toxic
pollutants and nonconventional
pollutants (including aquatic nuisance
species), the application of the best
available technology economically
achievable for categories and classes
of vessels, which shall result in
reasonable progress toward the national
goal of eliminating discharges of all
pollutants.
``(ii) Best management practices.--The
Administrator shall require the use of best
management practices to control or abate any
discharge incidental to the normal operation of
a vessel if--
``(I) numeric standards of
performance are infeasible under clause
(i); or
``(II) the best management
practices are reasonably necessary--
``(aa) to achieve the
standards of performance; or
``(bb) to carry out the
purpose and intent of this
subsection.
``(iii) Minimum requirements.--Subject to
subparagraph (D)(ii)(II), the combination of
any equipment or best management practice
comprising a marine pollution control device
shall not be less stringent than the following
provisions of the Vessel General Permit:
``(I) All requirements contained in
parts 2.1 and 2.2 (relating to effluent
limits and related requirements),
including with respect to waters
subject to Federal protection, in whole
or in part, for conservation purposes.
``(II) All requirements contained
in part 5 (relating to vessel class-
specific requirements) that concern
effluent limits and authorized
discharges (within the meaning of that
part), including with respect to waters
subject to Federal protection, in whole
or in part, for conservation purposes.
``(C) Classes, types, and sizes of vessels.--The
standards promulgated under this paragraph may
distinguish--
``(i) among classes, types, and sizes of
vessels; and
``(ii) between new vessels and existing
vessels.
``(D) Review and revision.--
``(i) In general.--Not less frequently than
once every 5 years, the Administrator, in
consultation with the Secretary, shall--
``(I) review the standards of
performance in effect under this
paragraph; and
``(II) if appropriate, revise those
standards of performance--
``(aa) in accordance with
subparagraphs (A) through (C);
and
``(bb) as necessary to
establish requirements for any
discharge that is subject to
regulation under this
subsection.
``(ii) Maintaining protectiveness.--
``(I) In general.--Except as
provided in subclause (II), the
Administrator shall not revise a
standard of performance under this
subsection to be less stringent than an
applicable existing requirement.
``(II) Exceptions.--The
Administrator may revise a standard of
performance to be less stringent than
an applicable existing requirement--
``(aa) if information
becomes available that--
``(AA) was not
reasonably available
when the Administrator
promulgated the initial
standard of performance
or comparable
requirement of the
Vessel General Permit,
as applicable
(including the
subsequent scarcity or
unavailability of
materials used to
control the relevant
discharge); and
``(BB) would have
justified the
application of a less-
stringent standard of
performance at the time
of promulgation; or
``(bb) if the Administrator
determines that a material
technical mistake or
misinterpretation of law
occurred when promulgating the
existing standard of
performance or comparable
requirement of the Vessel
General Permit, as applicable.
``(E) Best management practices for aquatic
nuisance species emergencies and further protection of
water quality.--
``(i) In general.--Notwithstanding any
other provision of this subsection, the
Administrator, in concurrence with the
Secretary (subject to clause (ii)), and in
consultation with States, may require, by
order, the use of an emergency best management
practice for any region or category of vessels
in any case in which the Administrator
determines that such a best management
practice--
``(I) is necessary to reduce the
reasonably foreseeable risk of
introduction or establishment of an
aquatic nuisance species; or
``(II) will mitigate the adverse
effects of a discharge that contributes
to a violation of a water quality
requirement under section 303, other
than a requirement based on the
presence of an aquatic nuisance
species.
``(ii) Concurrence with secretary.--
``(I) Request.--The Administrator
shall submit to the Secretary a request
for written concurrence with respect to
an order under clause (i).
``(II) Effect of failure to
concur.--A failure by the Secretary to
concur with the Administrator under
clause (i) by the date that is 60 days
after the date on which the
Administrator submits a request for
concurrence under subclause (I) shall
not prevent the Administrator from
issuing the relevant order, subject to
the condition that the Administrator
shall include in the administrative
record of the issuance--
``(aa) documentation of the
request submitted under
subclause (I); and
``(bb) the response of the
Administrator to any written
objections received from the
Secretary relating to the
proposed order during the 60-
day period beginning on the
date of submission of the
request.
``(iii) Duration.--An order issued by the
Administrator under clause (i) shall expire not
later than the date that is 4 years after the
date of issuance.
``(iv) Extensions.--The Administrator may
reissue an order under clause (i) for such
subsequent periods of not longer than 4 years
as the Administrator determines to be
appropriate.
``(5) Implementation, compliance, and enforcement
requirements.--
``(A) Establishment.--
``(i) In general.--As soon as practicable,
but not later than 2 years, after the date on
which the Administrator promulgates any new or
revised standard of performance under paragraph
(4) with respect to a discharge, the Secretary,
in consultation with States, shall promulgate
the regulations required under this paragraph
with respect to that discharge.
``(ii) Minimum requirements.--Subject to
subparagraph (C)(ii)(II), the regulations
promulgated under this paragraph shall not be
less stringent with respect to ensuring,
monitoring, and enforcing compliance than--
``(I) the requirements contained in
part 3 of the Vessel General Permit
(relating to corrective actions);
``(II) the requirements contained
in part 4 of the Vessel General Permit
(relating to inspections, monitoring,
reporting, and recordkeeping),
including with respect to waters
subject to Federal protection, in whole
or in part, for conservation purposes;
``(III) the requirements contained
in part 5 of the Vessel General Permit
(relating to vessel class-specific
requirements) regarding monitoring,
inspection, and educational and
training requirements (within the
meaning of that part), including with
respect to waters subject to Federal
protection, in whole or in part, for
conservation purposes; and
``(IV) any comparable, existing
requirements promulgated under the
Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16
U.S.C. 4701 et seq.) (including section
1101 of that Act (16 U.S.C. 4711) (as
in effect on the day before the date of
enactment of this subsection))
applicable to that discharge.
``(iii) Coordination with states.--The
Secretary, in coordination with the Governors
of the States, shall develop, publish, and
periodically update inspection, monitoring,
data management, and enforcement procedures for
the enforcement by States of Federal standards
and requirements under this subsection.
``(iv) Effective date.--In determining the
effective date of a regulation promulgated
under this paragraph, the Secretary shall take
into consideration the period of time
necessary--
``(I) to communicate to affected
persons the applicability of the
regulation; and
``(II) for affected persons
reasonably to comply with the
regulation.
``(v) Procedure.--The Secretary shall
promulgate the regulations under this
subparagraph in accordance with--
``(I) this paragraph; and
``(II) section 553 of title 5,
United States Code.
``(B) Implementation regulations for marine
pollution control devices.--The Secretary shall
promulgate such regulations governing the design,
construction, testing, approval, installation, and use
of marine pollution control devices as are necessary to
ensure compliance with the standards of performance
promulgated under paragraph (4).
``(C) Compliance assurance.--
``(i) In general.--The Secretary shall
promulgate requirements (including requirements
for vessel owners and operators with respect to
inspections, monitoring, reporting, sampling,
and recordkeeping) to ensure, monitor, and
enforce compliance with--
``(I) the standards of performance
promulgated by the Administrator under
paragraph (4); and
``(II) the implementation
regulations promulgated by the
Secretary under subparagraph (B).
``(ii) Maintaining protectiveness.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary shall not revise a
requirement under this subparagraph or
subparagraph (B) to be less stringent
with respect to ensuring, monitoring,
or enforcing compliance than an
applicable existing requirement.
``(II) Exceptions.--The Secretary
may revise a requirement under this
subparagraph or subparagraph (B) to be
less stringent than an applicable
existing requirement--
``(aa) in accordance with
this subparagraph or
subparagraph (B), as
applicable;
``(bb) if information
becomes available that--
``(AA) the
Administrator
determines was not
reasonably available
when the Administrator
promulgated the
existing requirement of
the Vessel General
Permit, or that the
Secretary determines
was not reasonably
available when the
Secretary promulgated
the existing
requirement under the
Nonindigenous Aquatic
Nuisance Prevention and
Control Act of 1990 (16
U.S.C. 4701 et seq.) or
the applicable existing
requirement under this
subparagraph, as
applicable (including
subsequent scarcity or
unavailability of
materials used to
control the relevant
discharge); and
``(BB) would have
justified the
application of a less-
stringent requirement
at the time of
promulgation; or
``(cc) if the Administrator
determines that a material
technical mistake or
misinterpretation of law
occurred when promulgating an
existing requirement of the
Vessel General Permit, or if
the Secretary determines that a
material mistake or
misinterpretation of law
occurred when promulgating an
existing requirement under the
Nonindigenous Aquatic Nuisance
Prevention and Control Act of
1990 (16 U.S.C. 4701 et seq.)
or this subsection.
``(D) Data availability.--Beginning not later than
1 year after the date of enactment of this subsection,
the Secretary shall provide to the Governor of a State,
on request by the Governor, access to Automated
Identification System arrival data for inbound vessels
to specific ports or places of destination in the
State.
``(6) Additional provisions regarding ballast water.--
``(A) In general.--In addition to the other
applicable requirements of this subsection, the
requirements of this paragraph shall apply with respect
to any discharge incidental to the normal operation of
a vessel that is a discharge of ballast water.
``(B) Empty ballast tanks.--
``(i) Requirements.--Except as provided in
clause (ii), the owner or operator of a vessel
with empty ballast tanks bound for a port or
place of destination subject to the
jurisdiction of the United States shall, prior
to arriving at that port or place of
destination, conduct a ballast water exchange
or saltwater flush--
``(I) not less than 200 nautical
miles from any shore for a voyage
originating outside the United States
or Canadian exclusive economic zone; or
``(II) not less than 50 nautical
miles from any shore for a voyage
originating within the United States or
Canadian exclusive economic zone.
``(ii) Exceptions.--Clause (i) shall not
apply--
``(I) if the unpumpable residual
waters and sediments of an empty
ballast tank were subject to treatment,
in compliance with applicable
requirements, through a type-approved
ballast water management system
approved by the Secretary;
``(II) except as otherwise required
under this subsection, if the
unpumpable residual waters and
sediments of an empty ballast tank were
sourced within--
``(aa) the same port or
place of destination; or
``(bb) contiguous portions
of a single Captain of the Port
Zone;
``(III) if complying with an
applicable requirement of clause (i)--
``(aa) would compromise the
safety of the vessel; or
``(bb) is otherwise
prohibited by any Federal,
Canadian, or international law
(including regulations)
pertaining to vessel safety;
``(IV) if design limitations of the
vessel prevent a ballast water exchange
or saltwater flush from being conducted
in accordance with clause (i); or
``(V) if the vessel is operating
exclusively within the internal waters
of the United States or Canada.
``(C) Period of use of installed ballast water
management systems.--
``(i) In general.--Except as provided in
clause (ii), a vessel shall be deemed to be in
compliance with a standard of performance for a
marine pollution control device that is a
ballast water management system if the ballast
water management system--
``(I) is maintained in proper
working condition, as determined by the
Secretary;
``(II) is maintained and used in
accordance with manufacturer
specifications;
``(III) continues to meet the
ballast water discharge standard
applicable to the vessel at the time of
installation, as determined by the
Secretary; and
``(IV) has in effect a valid type-
approval certificate issued by the
Secretary.
``(ii) Limitation.--Clause (i) shall cease
to apply with respect to any vessel on, as
applicable--
``(I) the expiration of the service
life, as determined by the Secretary,
of--
``(aa) the ballast water
management system; or
``(bb) the vessel;
``(II) the completion of a major
conversion (as defined in section 2101
of title 46, United States Code) of the
vessel; or
``(III) a determination by the
Secretary that there are other type-
approved systems for the vessel or
category of vessels, with respect to
the use of which the environmental,
health, and economic benefits would
exceed the costs.
``(D) Review of ballast water management system
type-approval testing methods.--
``(i) Definition of live; living.--
Notwithstanding any other provision of law
(including regulations), for purposes of
section 151.1511 of title 33, and part 162 of
title 46, Code of Federal Regulations (or
successor regulations), the terms `live' and
`living' shall not--
``(I) include an organism that has
been rendered nonviable; or
``(II) preclude the consideration
of any method of measuring the
concentration of organisms in ballast
water that are capable of reproduction.
``(ii) Draft policy.--Not later than 180
days after the date of enactment of this
subsection, the Secretary, in coordination with
the Administrator, shall publish a draft policy
letter, based on the best available science,
describing type-approval testing methods and
protocols for ballast water management systems,
if any, that--
``(I) render nonviable organisms in
ballast water; and
``(II) may be used in addition to
the methods established under subpart
162.060 of title 46, Code of Federal
Regulations (or successor
regulations)--
``(aa) to measure the
concentration of organisms in
ballast water that are capable
of reproduction;
``(bb) to certify the
performance of each ballast
water management system under
this subsection; and
``(cc) to certify
laboratories to evaluate
applicable treatment
technologies.
``(iii) Public comment.--The Secretary
shall provide a period of not more than 60 days
for public comment regarding the draft policy
letter published under clause (ii).
``(iv) Final policy.--
``(I) In general.--Not later than 1
year after the date of enactment of
this subsection, the Secretary, in
coordination with the Administrator,
shall publish a final policy letter
describing type-approval testing
methods, if any, for ballast water
management systems that render
nonviable organisms in ballast water.
``(II) Method of evaluation.--The
ballast water management systems under
subclause (I) shall be evaluated by
measuring the concentration of
organisms in ballast water that are
capable of reproduction based on the
best available science that may be used
in addition to the methods established
under subpart 162.060 of title 46, Code
of Federal Regulations (or successor
regulations).
``(III) Revisions.--The Secretary
shall revise the final policy letter
under subclause (I) in any case in
which the Secretary, in coordination
with the Administrator, determines that
additional testing methods are capable
of measuring the concentration of
organisms in ballast water that have
not been rendered nonviable.
``(v) Factors for consideration.--In
developing a policy letter under this
subparagraph, the Secretary, in coordination
with the Administrator--
``(I) shall take into consideration
a testing method that uses organism
grow-out and most probable number
statistical analysis to determine the
concentration of organisms in ballast
water that are capable of reproduction;
and
``(II) shall not take into
consideration a testing method that
relies on a staining method that
measures the concentration of--
``(aa) organisms greater
than or equal to 10
micrometers; and
``(bb) organisms less than
or equal to 50 micrometers.
``(E) Intergovernmental response framework.--
``(i) In general.--The Secretary, in
consultation with the Administrator and acting
in coordination with, or through, the Aquatic
Nuisance Species Task Force established by
section 1201(a) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4721(a)), shall establish a framework
for Federal and intergovernmental response to
aquatic nuisance species risks from discharges
from vessels subject to ballast water and
incidental discharge compliance requirements
under this subsection, including the
introduction, spread, and establishment of
aquatic nuisance species populations.
``(ii) Ballast discharge risk response.--
The Administrator, in coordination with the
Secretary and taking into consideration
information from the National Ballast
Information Clearinghouse developed under
section 1102(f) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4712(f)), shall establish a risk
assessment and response framework using ballast
water discharge data and aquatic nuisance
species monitoring data for the purposes of--
``(I) identifying and tracking
populations of aquatic invasive
species;
``(II) evaluating the risk of any
aquatic nuisance species population
tracked under subclause (I)
establishing and spreading in waters of
the United States or waters of the
contiguous zone; and
``(III) establishing emergency best
management practices that may be
deployed rapidly, in a local or
regional manner, to respond to emerging
aquatic nuisance species threats.
``(7) Petitions by governors for review.--
``(A) In general.--The Governor of a State (or a
designee) may submit to the Administrator or the
Secretary a petition--
``(i) to issue an order under paragraph
(4)(E); or
``(ii) to review any standard of
performance, regulation, or policy promulgated
under paragraph (4), (5), or (6), respectively,
if there exists new information that could
reasonably result in a change to--
``(I) the standard of performance,
regulation, or policy; or
``(II) a determination on which the
standard of performance, regulation, or
policy was based.
``(B) Inclusion.--A petition under subparagraph (A)
shall include a description of any applicable
scientific or technical information that forms the
basis of the petition.
``(C) Determination.--
``(i) Timing.--The Administrator or the
Secretary, as applicable, shall grant or deny--
``(I) a petition under subparagraph
(A)(i) by not later than the date that
is 180 days after the date on which the
petition is submitted; and
``(II) a petition under
subparagraph (A)(ii) by not later than
the date that is 1 year after the date
on which the petition is submitted.
``(ii) Effect of grant.--If the
Administrator or the Secretary determines under
clause (i) to grant a petition--
``(I) in the case of a petition
under subparagraph (A)(i), the
Administrator shall immediately issue
the relevant order under paragraph
(4)(E); or
``(II) in the case of a petition
under subparagraph (A)(ii), the
Administrator or Secretary shall
publish in the Federal Register, by not
later than 30 days after the date of
that determination, a notice of
proposed rulemaking to revise the
relevant standard, requirement,
regulation, or policy under paragraph
(4), (5), or (6), as applicable.
``(iii) Notice of denial.--If the
Administrator or the Secretary determines under
clause (i) to deny a petition, the
Administrator or Secretary shall publish in the
Federal Register, by not later than 30 days
after the date of that determination, a
detailed explanation of the scientific,
technical, or operational factors that form the
basis of the determination.
``(iv) Review.--A determination by the
Administrator or the Secretary under clause (i)
to deny a petition shall be--
``(I) considered to be a final
agency action; and
``(II) subject to judicial review
in accordance with section 509, subject
to clause (v).
``(v) Exceptions.--
``(I) Venue.--Notwithstanding
section 509(b), a petition for review
of a determination by the Administrator
or the Secretary under clause (i) to
deny a petition submitted by the
Governor of a State under subparagraph
(A) may be filed in any United States
district court of competent
jurisdiction.
``(II) Deadline for filing.--
Notwithstanding section 509(b), a
petition for review of a determination
by the Administrator or the Secretary
under clause (i) shall be filed by not
later than 180 days after the date on
which the justification for the
determination is published in the
Federal Register under clause (iii).
``(8) Prohibition.--
``(A) In general.--It shall be unlawful for any
person to violate--
``(i) a provision of the Vessel General
Permit in force and effect under paragraph
(3)(A);
``(ii) a regulation promulgated pursuant to
section 1101 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4711) (as in effect on the day before
the date of enactment of this subsection) in
force and effect under paragraph (3)(B); or
``(iii) an applicable requirement or
regulation under this subsection.
``(B) Compliance with regulations.--Effective
beginning on the effective date of a regulation
promulgated under paragraph (4), (5), (6), or (10), as
applicable, it shall be unlawful for the owner or
operator of a vessel subject to the regulation--
``(i) to discharge any discharge incidental
to the normal operation of the vessel into
waters of the United States or waters of the
contiguous zone, except in compliance with the
regulation; or
``(ii) to operate in waters of the United
States or waters of the contiguous zone, if the
vessel is not equipped with a required marine
pollution control device that complies with the
requirements established under this subsection,
unless--
``(I) the owner or operator of the
vessel denotes in an entry in the
official logbook of the vessel that the
equipment was not operational; and
``(II) either--
``(aa) the applicable
discharge was avoided; or
``(bb) an alternate
compliance option approved by
the Secretary as meeting the
applicable standard was
employed.
``(C) Affirmative defense.--No person shall be
found to be in violation of this paragraph if--
``(i) the violation was in the interest of
ensuring the safety of life at sea, as
determined by the Secretary; and
``(ii) the applicable emergency
circumstance was not the result of negligence
or malfeasance on the part of--
``(I) the owner or operator of the
vessel;
``(II) the master of the vessel; or
``(III) the person in charge of the
vessel.
``(D) Treatment.--Each day of continuing violation
of an applicable requirement of this subsection shall
constitute a separate offense.
``(E) In rem liability.--A vessel operated in
violation of this subsection is liable in rem for any
civil penalty assessed for the violation.
``(F) Revocation of clearance.--The Secretary shall
withhold or revoke the clearance of a vessel required
under section 60105 of title 46, United States Code, if
the owner or operator of the vessel is in violation of
this subsection.
``(9) Effect on other laws.--
``(A) State authority.--
``(i) In general.--Except as provided in
clauses (ii) through (v) and paragraph (10),
effective beginning on the date on which the
requirements promulgated by the Secretary under
subparagraphs (A), (B), and (C) of paragraph
(5) with respect to every discharge incidental
to the normal operation of a vessel that is
subject to regulation under this subsection are
final, effective, and enforceable, no State,
political subdivision of a State, or interstate
agency may adopt or enforce any law,
regulation, or other requirement of the State,
political subdivision, or interstate agency
with respect to any such discharge.
``(ii) Identical or lesser state laws.--
Clause (i) shall not apply to any law,
regulation, or other requirement of a State,
political subdivision of a State, or interstate
agency in effect on or after the date of
enactment of this subsection--
``(I) that is identical to a
Federal requirement under this
subsection applicable to the relevant
discharge; or
``(II) compliance with which would
be achieved concurrently in achieving
compliance with a Federal requirement
under this subsection applicable to the
relevant discharge.
``(iii) State enforcement of federal
requirements.--A State may enforce any standard
of performance or other Federal requirement of
this subsection in accordance with subsection
(k) or other applicable Federal authority.
``(iv) Exception for certain fees.--
``(I) In general.--Subject to
subclauses (II) and (III), a State that
assesses any fee pursuant to any State
or Federal law relating to the
regulation of a discharge incidental to
the normal operation of a vessel before
the date of enactment of this
subsection may assess or retain a fee
to cover the costs of administration,
inspection, monitoring, and enforcement
activities by the State to achieve
compliance with the applicable
requirements of this subsection.
``(II) Maximum amount.--
``(aa) In general.--Except
as provided in item (bb), a
State may assess a fee for
activities under this clause
equal to not more than $1,000
against the owner or operator
of a vessel that--
``(AA) has operated
outside of that State;
and
``(BB) arrives at a
port or place of
destination in the
State (excluding
movement entirely
within a single port or
place of destination).
``(bb) Vessels engaged in
coastwise trade.--A State may
assess against the owner or
operator of a vessel registered
in accordance with applicable
Federal law and lawfully
engaged in the coastwise trade
not more than $5,000 in fees
under this clause per vessel
during a calendar year.
``(III) Adjustment for inflation.--
``(aa) In general.--A State
may adjust the amount of a fee
authorized under this clause
not more frequently than once
every 5 years to reflect the
percentage by which the
Consumer Price Index for All
Urban Consumers published by
the Department of Labor for the
month of October immediately
preceding the date of
adjustment exceeds the Consumer
Price Index for All Urban
Consumers published by the
Department of Labor for the
month of October that
immediately precedes the date
that is 5 years before the date
of adjustment.
``(bb) Effect of
subclause.--Nothing in this
subclause prevents a State from
adjusting a fee in effect
before the date of enactment of
this subsection to the
applicable maximum amount under
subclause (II).
``(cc) Applicability.--This
subclause applies only to
increases in fees to amounts
greater than the applicable
maximum amount under subclause
(II).
``(v) Alaska graywater.--Clause (i) shall
not apply with respect to any discharge of
graywater (as defined in section 1414 of the
Consolidated Appropriations Act, 2001 (Public
Law 106-554; 114 Stat. 2763A-323)) from a
passenger vessel (as defined in section 2101 of
title 46, United States Code) in the State of
Alaska (including all waters in the Alexander
Archipelago) carrying 50 or more passengers.
``(vi) Preservation of authority.--Nothing
in this subsection preempts any State law,
public initiative, referendum, regulation,
requirement, or other State action, except as
expressly provided in this subsection.
``(B) Established regimes.--Except as expressly
provided in this subsection, nothing in this subsection
affects the applicability to a vessel of any other
provision of Federal law, including--
``(i) this section;
``(ii) section 311;
``(iii) the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.); and
``(iv) title X of the Coast Guard
Authorization Act of 2010 (33 U.S.C. 3801 et
seq.).
``(C) Permitting.--Effective beginning on the date
of enactment of this subsection--
``(i) the Small Vessel General Permit is
repealed; and
``(ii) the Administrator, or a State in the
case of a permit program approved under section
402, shall not require, or in any way modify, a
permit under that section for--
``(I) any discharge that is subject
to regulation under this subsection;
``(II) any discharge incidental to
the normal operation of a vessel from a
small vessel or fishing vessel,
regardless of whether that discharge is
subject to regulation under this
subsection; or
``(III) any discharge described in
paragraph (2)(B)(ii).
``(D) No effect on civil or criminal actions.--
Nothing in this subsection, or any standard,
regulation, or requirement established under this
subsection, modifies or otherwise affects, preempts, or
displaces--
``(i) any cause of action; or
``(ii) any provision of Federal or State
law establishing a remedy for civil relief or
criminal penalty.
``(E) No effect on certain secretarial authority.--
Nothing in this subsection affects the authority of the
Secretary of Commerce or the Secretary of the Interior
to administer any land or waters under the
administrative control of the Secretary of Commerce or
the Secretary of the Interior, respectively.
``(F) No limitation on state inspection
authority.--Nothing in this subsection limits the
authority of a State to inspect a vessel pursuant to
paragraph (5)(A)(iii) in order to monitor compliance
with an applicable requirement of this section.
``(10) Additional regional requirements.--
``(A) Minimum great lakes system requirements.--
``(i) In general.--Except as provided in
clause (ii), the owner or operator of a vessel
entering the St. Lawrence Seaway through the
mouth of the St. Lawrence River shall conduct a
complete ballast water exchange or saltwater
flush--
``(I) not less than 200 nautical
miles from any shore for a voyage
originating outside the United States
or Canadian exclusive economic zone; or
``(II) not less than 50 nautical
miles from any shore for a voyage
originating within the United States or
Canadian exclusive economic zone.
``(ii) Exceptions.--Clause (i) shall not
apply to a vessel if--
``(I) complying with an applicable
requirement of clause (i)--
``(aa) would compromise the
safety of the vessel; or
``(bb) is otherwise
prohibited by any Federal,
Canadian, or international law
(including regulations)
pertaining to vessel safety;
``(II) design limitations of the
vessel prevent a ballast water exchange
from being conducted in accordance with
an applicable requirement of clause
(i);
``(III) the vessel--
``(aa) is certified by the
Secretary as having no residual
ballast water or sediments
onboard; or
``(bb) retains all ballast
water while in waters subject
to the requirement; or
``(IV) empty ballast tanks on the
vessel are sealed and certified by the
Secretary in a manner that ensures
that--
``(aa) no discharge or
uptake occurs; and
``(bb) any subsequent
discharge of ballast water is
subject to the requirement.
``(B) Enhanced great lakes system requirements.--
``(i) Petitions by governors for proposed
enhanced standards and requirements.--
``(I) In general.--The Governor of
a Great Lakes State (or a State
employee designee) may submit a
petition in accordance with subclause
(II) to propose that other Governors of
Great Lakes States endorse an enhanced
standard of performance or other
requirement with respect to any
discharge that--
``(aa) is subject to
regulation under this
subsection; and
``(bb) occurs within the
Great Lakes System.
``(II) Submission.--A Governor
shall submit a petition under subclause
(I), in writing, to--
``(aa) the Executive
Director of the Great Lakes
Commission, in such manner as
may be prescribed by the Great
Lakes Commission;
``(bb) the Governor of each
other Great Lakes State; and
``(cc) the Director of the
Great Lakes National Program
Office established by section
118(b).
``(III) Preliminary assessment by
great lakes commission.--
``(aa) In general.--After
the date of receipt of a
petition under subclause
(II)(aa), the Great Lakes
Commission (acting through the
Great Lakes Panel on Aquatic
Nuisance Species, to the
maximum extent practicable) may
develop a preliminary
assessment regarding each
enhanced standard of
performance or other
requirement described in the
petition.
``(bb) Provisions.--The
preliminary assessment
developed by the Great Lakes
Commission under item (aa)--
``(AA) may be
developed in
consultation with
relevant experts and
stakeholders;
``(BB) may be
narrative in nature;
``(CC) may include
the preliminary views,
if any, of the Great
Lakes Commission on the
propriety of the
proposed enhanced
standard of performance
or other requirement;
``(DD) shall be
submitted, in writing,
to the Governor of each
Great Lakes State and
the Director of the
Great Lakes National
Program Office and
published on the
internet website of the
Great Lakes National
Program Office; and
``(EE) except as
provided in clause
(iii), shall not be
taken into
consideration, or
provide a basis for
review, by the
Administrator or the
Secretary for purposes
of that clause.
``(ii) Proposed enhanced standards and
requirements.--
``(I) Publication in federal
register.--
``(aa) Request by
governor.--Not earlier than the
date that is 90 days after the
date on which the Executive
Director of the Great Lakes
Commission receives from a
Governor of a Great Lakes State
a petition under clause
(i)(II)(aa), the Governor may
request the Director of the
Great Lakes National Program
Office to publish, for a period
requested by the Governor of
not less than 30 days, and the
Director shall so publish, in
the Federal Register for public
comment--
``(AA) a copy of
the petition; and
``(BB) if
applicable as of the
date of publication,
any preliminary
assessment of the Great
Lakes Commission
developed under clause
(i)(III) relating to
the petition.
``(bb) Review of public
comments.--On receipt of a
written request of a Governor
of a Great Lakes State, the
Director of the Great Lakes
National Program Office shall
make available all public
comments received in response
to the notice under item (aa).
``(cc) No response
required.--Notwithstanding any
other provision of law, a
Governor of a Great Lakes State
or the Director of the Great
Lakes National Program Office
shall not be required to
provide a response to any
comment received in response to
the publication of a petition
or preliminary assessment under
item (aa).
``(dd) Purpose.--Any public
comments received in response
to the publication of a
petition or preliminary
assessment under item (aa)
shall be used solely for the
purpose of providing
information and feedback to the
Governor of each Great Lakes
State regarding the decision to
endorse the proposed standard
or requirement.
``(ee) Effect of
petition.--A proposed standard
or requirement developed under
subclause (II) may differ from
the proposed standard or
requirement described in a
petition published under item
(aa).
``(II) Coordination to develop
proposed standard or requirement.--
After the expiration of the public
comment period for the petition under
subclause (I), any interested Governor
of a Great Lakes State may work in
coordination with the Great Lakes
Commission to develop a proposed
standard of performance or other
requirement applicable to a discharge
referred to in the petition.
``(III) Requirements.--A proposed
standard of performance or other
requirement under subclause (II)--
``(aa) shall be developed--
``(AA) in
consultation with
representatives from
the Federal and
provincial governments
of Canada;
``(BB) after notice
and opportunity for
public comment on the
petition published
under subclause (I);
and
``(CC) taking into
consideration the
preliminary assessment,
if any, of the Great
Lakes Commission under
clause (i)(III);
``(bb) shall be
specifically endorsed in
writing by--
``(AA) the Governor
of each Great Lakes
State, if the proposed
standard or requirement
would impose any
additional equipment
requirement on a
vessel; or
``(BB) not fewer
than 5 Governors of
Great Lakes States, if
the proposed standard
or requirement would
not impose any
additional equipment
requirement on a
vessel; and
``(cc) in the case of a
proposed requirement to
prohibit 1 or more types of
discharge regulated under this
subsection, whether treated or
not treated, into waters within
the Great Lakes System, shall
not apply outside the waters of
the Great Lakes States of the
Governors endorsing the
proposed requirement under item
(bb).
``(iii) Promulgation by administrator and
secretary.--
``(I) Submission.--
``(aa) In general.--The
Governors endorsing a proposed
standard or requirement under
clause (ii)(III)(bb) may
jointly submit to the
Administrator and the Secretary
for approval each proposed
standard of performance or
other requirement developed and
endorsed pursuant to clause
(ii).
``(bb) Inclusion.--Each
submission under item (aa)
shall include an explanation
regarding why the applicable
standard of performance or
other requirement is--
``(AA) at least as
stringent as a
comparable standard of
performance or other
requirement under this
subsection;
``(BB) in
accordance with
maritime safety; and
``(CC) in
accordance with
applicable maritime and
navigation laws and
regulations.
``(cc) Withdrawal.--
``(AA) In
general.--The Governor
of any Great Lakes
State that endorses a
proposed standard or
requirement under
clause (ii)(III)(bb)
may withdraw the
endorsement by not
later than the date
that is 90 days after
the date on which the
Administrator and the
Secretary receive the
proposed standard or
requirement.
``(BB) Effect on
federal review.--If,
after the withdrawal of
an endorsement under
subitem (AA), the
proposed standard or
requirement does not
have the applicable
number of endorsements
under clause
(ii)(III)(bb), the
Administrator and the
Secretary shall
terminate the review
under this clause.
``(dd) Dissenting
opinions.--The Governor of a
Great Lakes State that does not
endorse a proposed standard or
requirement under clause
(ii)(III)(bb) may submit to the
Administrator and the Secretary
any dissenting opinions of the
Governor.
``(II) Joint notice.--On receipt of
a proposed standard of performance or
other requirement under subclause (I),
the Administrator and the Secretary
shall publish in the Federal Register a
joint notice that, at minimum--
``(aa) states that the
proposed standard or
requirement is publicly
available; and
``(bb) provides an
opportunity for public comment
regarding the proposed standard
or requirement during the 90-
day period beginning on the
date of receipt by the
Administrator and the Secretary
of the proposed standard or
requirement.
``(III) Review.--
``(aa) In general.--As soon
as practicable after the date
of publication of a joint
notice under subclause (II)--
``(AA) the
Administrator shall
commence a review of
each proposed standard
of performance or other
requirement covered by
the notice to determine
whether that standard
or requirement is at
least as stringent as
comparable standards
and requirements under
this subsection; and
``(BB) the
Secretary shall
commence a review of
each proposed standard
of performance or other
requirement covered by
the notice to determine
whether that standard
or requirement is in
accordance with
maritime safety and
applicable maritime and
navigation laws and
regulations.
``(bb) Consultation.--In
carrying out item (aa), the
Administrator and the
Secretary--
``(AA) shall
consult with the
Governor of each Great
Lakes State and
representatives from
the Federal and
provincial governments
of Canada;
``(BB) shall take
into consideration any
relevant data or public
comments received under
subclause (II)(bb); and
``(CC) shall not
take into consideration
any preliminary
assessment by the Great
Lakes Commission under
clause (i)(III), or any
dissenting opinion
under subclause
(I)(dd), except to the
extent that such an
assessment or opinion
is relevant to the
criteria for the
applicable
determination under
item (aa).
``(IV) Approval or disapproval.--
Not later than 180 days after the date
of receipt of each proposed standard of
performance or other requirement under
subclause (I), the Administrator and
the Secretary shall--
``(aa) determine, as
applicable, whether each
proposed standard or other
requirement satisfies the
criteria under subclause
(III)(aa);
``(bb) approve each
proposed standard or other
requirement, unless the
Administrator or the Secretary,
as applicable, determines under
item (aa) that the proposed
standard or other requirement
does not satisfy the criteria
under subclause (III)(aa); and
``(cc) submit to the
Governor of each Great Lakes
State, and publish in the
Federal Register, a notice of
the determination under item
(aa).
``(V) Action on disapproval.--
``(aa) Rationale and
recommendations.--If the
Administrator and the Secretary
disapprove a proposed standard
of performance or other
requirement under subclause
(IV)(bb), the notices under
subclause (IV)(cc) shall
include--
``(AA) a
description of the
reasons why the
standard or requirement
is, as applicable, less
stringent than a
comparable standard or
requirement under this
subsection,
inconsistent with
maritime safety, or
inconsistent with
applicable maritime and
navigation laws and
regulations; and
``(BB) any
recommendations
regarding changes the
Governors of the Great
Lakes States could make
to conform the
disapproved portion of
the standard or
requirement to the
requirements of this
subparagraph.
``(bb) Review.--Disapproval
of a proposed standard or
requirement by the
Administrator and the Secretary
under this subparagraph shall
be considered to be a final
agency action subject to
judicial review under section
509.
``(VI) Action on approval.--On
approval by the Administrator and the
Secretary of a proposed standard of
performance or other requirement under
subclause (IV)(bb)--
``(aa) the Administrator
shall establish, by regulation,
the proposed standard or
requirement within the Great
Lakes System in lieu of any
comparable standard or other
requirement promulgated under
paragraph (4); and
``(bb) the Secretary shall
establish, by regulation, any
requirements necessary to
implement, ensure compliance
with, and enforce the standard
or requirement under item (aa),
or to apply the proposed
requirement, within the Great
Lakes System in lieu of any
comparable requirement
promulgated under paragraph
(5).
``(VII) No judicial review for
certain actions.--An action or inaction
of a Governor of a Great Lakes State or
the Great Lakes Commission under this
subparagraph shall not be subject to
judicial review.
``(VIII) Great lakes compact.--
Nothing in this subsection limits,
alters, or amends the Great Lakes
Compact to which Congress granted
consent in the Act of July 24, 1968
(Public Law 90-419; 82 Stat. 414).
``(IX) Authorization of
appropriations.--There is authorized to
be appropriated to the Great Lakes
Commission $5,000,000, to be available
until expended.
``(C) Minimum pacific region requirements.--
``(i) Definition of commercial vessel.--In
this subparagraph, the term `commercial vessel'
means a vessel operating between--
``(I) 2 ports or places of
destination within the Pacific Region;
or
``(II) a port or place of
destination within the Pacific Region
and a port or place of destination on
the Pacific Coast of Canada or Mexico
north of parallel 20 degrees north
latitude, inclusive of the Gulf of
California.
``(ii) Ballast water exchange.--
``(I) In general.--Except as
provided in subclause (II) and clause
(iv), the owner or operator of a
commercial vessel shall conduct a
complete ballast water exchange in
waters more than 50 nautical miles from
shore.
``(II) Exemptions.--Subclause (I)
shall not apply to a commercial
vessel--
``(aa) using, in compliance
with applicable requirements, a
type-approved ballast water
management system approved by
the Secretary; or
``(bb) voyaging--
``(AA) between or
to a port or place of
destination in the
State of Washington, if
the ballast water to be
discharged from the
commercial vessel
originated solely from
waters located between
the parallel 46 degrees
north latitude,
including the internal
waters of the Columbia
River, and the internal
waters of Canada south
of parallel 50 degrees
north latitude,
including the waters of
the Strait of Georgia
and the Strait of Juan
de Fuca;
``(BB) between
ports or places of
destination in the
State of Oregon, if the
ballast water to be
discharged from the
commercial vessel
originated solely from
waters located between
the parallel 40 degrees
north latitude and the
parallel 50 degrees
north latitude;
``(CC) between
ports or places of
destination in the
State of California
within the San
Francisco Bay area east
of the Golden Gate
Bridge, including the
Port of Stockton and
the Port of Sacramento,
if the ballast water to
be discharged from the
commercial vessel
originated solely from
ports or places within
that area;
``(DD) between the
Port of Los Angeles,
the Port of Long Beach,
and the El Segundo
offshore marine oil
terminal, if the
ballast water to be
discharged from the
commercial vessel
originated solely from
the Port of Los
Angeles, the Port of
Long Beach, or the El
Segundo offshore marine
oil terminal;
``(EE) between a
port or place of
destination in the
State of Alaska within
a single Captain of the
Port Zone;
``(FF) between
ports or places of
destination in
different counties of
the State of Hawaii, if
the vessel may conduct
a complete ballast
water exchange in
waters that are more
than 10 nautical miles
from shore and at least
200 meters deep; or
``(GG) between
ports or places of
destination within the
same county of the
State of Hawaii, if the
vessel does not transit
outside State marine
waters during the
voyage.
``(iii) Low-salinity ballast water.--
``(I) In general.--Except as
provided in subclause (II) and clause
(iv), the owner or operator of a
commercial vessel that transports
ballast water sourced from waters with
a measured salinity of less than 18
parts per thousand and voyages to a
Pacific Region port or place of
destination with a measured salinity of
less than 18 parts per thousand shall
conduct a complete ballast water
exchange--
``(aa) not less than 50
nautical miles from shore, if
the ballast water was sourced
from a Pacific Region port or
place of destination; or
``(bb) more than 200
nautical miles from shore, if
the ballast water was not
sourced from a Pacific Region
port or place of destination.
``(II) Exception.--Subclause (I)
shall not apply to a commercial vessel
voyaging to a port or place of
destination in the Pacific Region that
is using, in compliance with applicable
requirements, a type-approved ballast
water management system approved by the
Secretary to achieve standards of
performance of--
``(aa) less than 1 organism
per 10 cubic meters, if that
organism--
``(AA) is living,
or has not been
rendered nonviable; and
``(BB) is 50 or
more micrometers in
minimum dimension;
``(bb) less than 1 organism
per 10 milliliters, if that
organism--
``(AA) is living,
or has not been
rendered nonviable; and
``(BB) is more than
10, but less than 50,
micrometers in minimum
dimension;
``(cc) concentrations of
indicator microbes that are
less than--
``(AA) 1 colony-
forming unit of
toxicogenic Vibrio
cholera (serotypes O1
and O139) per 100
milliliters or less
than 1 colony-forming
unit of that microbe
per gram of wet weight
of zoological samples;
``(BB) 126 colony-
forming units of
escherichia coli per
100 milliliters; and
``(CC) 33 colony-
forming units of
intestinal enterococci
per 100 milliliters;
and
``(dd) concentrations of
such additional indicator
microbes and viruses as may be
specified in the standards of
performance established by the
Administrator under paragraph
(4).
``(iv) General exceptions.--The
requirements of clauses (ii) and (iii) shall
not apply to a commercial vessel if--
``(I) complying with the
requirement would compromise the safety
of the commercial vessel;
``(II) design limitations of the
commercial vessel prevent a ballast
water exchange from being conducted in
accordance with clause (ii) or (iii),
as applicable;
``(III) the commercial vessel--
``(aa) is certified by the
Secretary as having no residual
ballast water or sediments
onboard; or
``(bb) retains all ballast
water while in waters subject
to those requirements; or
``(IV) empty ballast tanks on the
commercial vessel are sealed and
certified by the Secretary in a manner
that ensures that--
``(aa) no discharge or
uptake occurs; and
``(bb) any subsequent
discharge of ballast water is
subject to those requirements.
``(D) Establishment of state no-discharge zones.--
``(i) State prohibition.--Subject to clause
(ii), after the effective date of regulations
promulgated by the Secretary under paragraph
(5), if any State determines that the
protection and enhancement of the quality of
some or all of the waters within the State
require greater environmental protection, the
State may prohibit 1 or more types of discharge
regulated under this subsection, whether
treated or not treated, into such waters.
``(ii) Applicability.--A prohibition by a
State under clause (i) shall not apply until
the date on which the Administrator makes the
applicable determinations described in clause
(iii).
``(iii) Prohibition by administrator.--
``(I) Determination.--On
application of a State, the
Administrator, in concurrence with the
Secretary (subject to subclause (II)),
shall, by regulation, prohibit the
discharge from a vessel of 1 or more
discharges subject to regulation under
this subsection, whether treated or not
treated, into the waters covered by the
application if the Administrator
determines that--
``(aa) prohibition of the
discharge would protect and
enhance the quality of the
specified waters within the
State;
``(bb) adequate facilities
for the safe and sanitary
removal and treatment of the
discharge are reasonably
available for the water and all
vessels to which the
prohibition would apply;
``(cc) the discharge can be
safely collected and stored
until a vessel reaches a
discharge facility or other
location; and
``(dd) in the case of an
application for the prohibition
of discharges of ballast water
in a port (or in any other
location where cargo,
passengers, or fuel are loaded
and unloaded)--
``(AA) the adequate
facilities described in
item (bb) are
reasonably available
for commercial vessels,
after considering, at a
minimum, water depth,
dock size, pumpout
facility capacity and
flow rate, availability
of year-round
operations, proximity
to navigation routes,
and the ratio of
pumpout facilities to
the population and
discharge capacity of
commercial vessels
operating in those
waters; and
``(BB) the
prohibition will not
unreasonably interfere
with the safe loading
and unloading of cargo,
passengers, or fuel.
``(II) Concurrence with
secretary.--
``(aa) Request.--The
Administrator shall submit to
the Secretary a request for
written concurrence with
respect to a prohibition under
subclause (I).
``(bb) Effect of failure to
concur.--A failure by the
Secretary to concur with the
Administrator under subclause
(I) by the date that is 60 days
after the date on which the
Administrator submits a request
for concurrence under item (aa)
shall not prevent the
Administrator from prohibiting
the relevant discharge in
accordance with subclause
(III), subject to the condition
that the Administrator shall
include in the administrative
record of the promulgation--
``(AA)
documentation of the
request submitted under
item (aa); and
``(BB) the response
of the Administrator to
any written objections
received from the
Secretary relating to
the proposed standard
of performance during
the 60-day period
beginning on the date
of submission of the
request.
``(III) Timing.--The Administrator
shall approve or disapprove an
application submitted under subclause
(I) by not later than 90 days after the
date on which the application is
submitted to the Administrator.
``(E) Maintenance in effect of more-stringent
standards.--In any case in which a requirement
established under this paragraph is more stringent or
environmentally protective than a comparable
requirement established under paragraph (4), (5), or
(6), the more-stringent or more-protective requirement
shall control.''.
(2) Repeals.--
(A) In general.--Effective beginning on the date of
enactment of this Act, the following provisions of law
are repealed:
(i) Section 1101 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4711).
(ii) Public Law 110-299 (33 U.S.C. 1342
note).
(B) Conforming amendments.--Section 1102 of the
Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4712) is amended--
(i) in subsection (c)(1), by inserting
``(as in effect on the day before the date of
enactment of the Vessel Incidental Discharge
Act of 2018)'' after ``section 1101(b)''; and
(ii) in subsection (f)(1)(B), by inserting
``(as in effect on the day before the date of
enactment of the Vessel Incidental Discharge
Act of 2018)'' after ``section 1101(c)''.
(b) Regulations for Use of Marine Pollution Control Devices.--
Section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322)
is amended--
(1) by striking the section designation and heading and all
that follows through ``For the purpose of'' in subsection (a)
and inserting the following:
``SEC. 312. MARINE SANITATION DEVICES; DISCHARGES INCIDENTAL TO THE
NORMAL OPERATION OF VESSELS.
``(a) Definitions.--In'';
(2) in subsection (a)--
(A) in paragraph (7), by striking ``devices or of
vessels'' and inserting ``devices, marine pollution
control device equipment, or vessels''; and
(B) in paragraph (13), in the matter preceding
subparagraph (A), by inserting ``, except as provided
in subsection (p),'' after ``means'';
(3) in subsection (g)--
(A) by inserting ``or marine pollution control
device equipment'' after ``marine sanitation device''
each place it appears;
(B) in paragraph (1)--
(i) by inserting ``or equipment'' after
``such device''; and
(ii) by inserting ``or equipment'' after
``test device''; and
(C) in paragraph (2)--
(i) by inserting ``or equipment'' after
``the device'' each place it appears; and
(ii) in the fourth sentence, by inserting
``or equipment'' after ``device'' each place it
appears; and
(4) in subsection (h)--
(A) in paragraph (1), by inserting ``and marine
pollution control device equipment'' after ``marine
sanitation device'';
(B) in paragraph (2), by inserting ``or any
certified marine pollution control device equipment or
element of design of such equipment'' after ``such
device'';
(C) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and
indenting the subparagraphs appropriately;
(D) by striking ``(h) After'' and inserting the
following:
``(h) Sale and Resale of Properly Equipped Vessels; Operability of
Certified Marine Sanitation Devices.--
``(1) In general.--Subject to paragraph (2), after''; and
(E) by adding at the end the following:
``(2) Effect of subsection.--Nothing in this subsection
requires certification of a marine pollution control device for
use on any vessel of the Armed Forces.''.
(c) Enforcement Authority.--
(1) In general.--Section 312(k) of the Federal Water
Pollution Control Act (33 U.S.C. 1322(k)) is amended--
(A) by striking the second sentence and inserting
the following:
``(3) States.--
``(A) In general.--This section may be enforced by
a State or political subdivision of a State (including
the attorney general of a State), including by filing a
civil action in an appropriate Federal district court
to enforce any violation of subsection (p).
``(B) Jurisdiction.--The appropriate Federal
district court shall have jurisdiction with respect to
a civil action filed pursuant to subparagraph (A),
without regard to the amount in controversy or the
citizenship of the parties--
``(i) to enforce the requirements of this
section; and
``(ii) to apply appropriate civil penalties
under this section or section 309(d), as
appropriate.'';
(B) by striking ``(k) The provisions of this'' and
inserting the following:
``(k) Enforcement Authority.--
``(1) Administrator.--This section shall be enforced by the
Administrator, to the extent provided in section 309.
``(2) Secretary.--
``(A) In general.--This''; and
(C) in paragraph (2) (as so designated)--
(i) in subparagraph (A), by striking
``operating and he may utilize by agreement''
and inserting ``operating, who may use, by
agreement''; and
(ii) by adding at the end the following:
``(B) Inspections.--For purposes of ensuring
compliance with this section, the Secretary--
``(i) may carry out an inspection
(including the taking of ballast water samples)
of any vessel at any time; and
``(ii) shall--
``(I) establish procedures for--
``(aa) reporting violations
of this section; and
``(bb) accumulating
evidence regarding those
violations; and
``(II) use appropriate and
practicable measures of detection and
environmental monitoring of vessels.
``(C) Detention.--The Secretary may detain a vessel
if the Secretary--
``(i) has reasonable cause to believe that
the vessel--
``(I) has failed to comply with an
applicable requirement of this section;
or
``(II) is being operated in
violation of such a requirement; and
``(ii) the Secretary provides to the owner
or operator of the vessel a notice of the
intent to detain.''.
(2) Preservation of federal enforcement authority.--Section
309 of the Federal Water Pollution Control Act (33 U.S.C. 1319)
is amended--
(A) in subsection (a)(3), by striking ``318'' and
inserting ``312(p), 318'';
(B) in subsection (c), by striking ``318'' each
place it appears and inserting ``312(p), 318'';
(C) in subsection (d), in the first sentence--
(i) by striking ``318'' and inserting
``312(p), 318,''; and
(ii) by striking ``State,,'' and inserting
``State,''; and
(D) in subsection (g)(1)(A), by striking ``318''
and inserting ``312(p), 318''.
(3) Preservation of public enforcement authority.--Section
505(f) of the Federal Water Pollution Control Act (33 U.S.C.
1365(f)) is amended by striking ``(5) certification'' and all
that follows through the period at the end and inserting the
following: ``(5) a standard of performance or requirement under
section 312(p); (6) a certification under section 401; (7) a
permit or condition of a permit issued under section 402 that
is in effect under this Act (including a requirement applicable
by reason of section 313); or (8) a regulation under section
405(d).''.
(4) Review.--Section 509(b) of the Federal Water Pollution
Control Act (33 U.S.C. 1369(b)) is amended by adding at the end
the following:
``(4) Discharges incidental to normal operation of
vessels.--
``(A) In general.--Except as provided in
subparagraph (B), any interested person may file a
petition for review of a final agency action under
section 312(p) of the Administrator or the Secretary of
the department in which the Coast Guard is operating in
accordance with the requirements of this subsection.
``(B) Venue exception.--Subject to section
312(p)(7)(C)(v), a petition for review of a final
agency action under section 312(p) of the Administrator
or the Secretary of the department in which the Coast
Guard is operating may be filed only in the United
States Court of Appeals for the District of Columbia
Circuit.''.
(d) Logbook Requirements.--Section 11301(b) of title 46, United
States Code, is amended by adding at the end the following:
``(13) when a vessel fails to carry out ballast water
management requirements as applicable and pursuant to
regulations promulgated by the Secretary, including when the
vessel fails to carry out ballast water management requirements
due to an allowed safety exemption, a statement regarding the
failure to comply and the circumstances under which the failure
occurred, made immediately after the failure, when practicable
to do so.''.
(e) Quagga Mussel.--Section 42(a)(1) of title 18, United States
Code, is amended, in the first sentence, by inserting ``of the quagga
mussel of the species Dreissena rostriformis or Dreissena bugensis;''
after ``Dreissena polymorpha;''.
(f) Coastal Aquatic Invasive Species Mitigation Grant Program and
Mitigation Fund.--
(1) Definitions.--In this subsection:
(A) Coastal zone.--The term ``coastal zone'' has
the meaning given the term in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(B) Eligible entity.--The term ``eligible entity''
means--
(i) a State;
(ii) a unit of local government;
(iii) an Indian Tribe;
(iv) a nongovernmental organization; and
(v) an institution of higher education.
(C) Exclusive economic zone.--The term ``Exclusive
Economic Zone'' means the Exclusive Economic Zone of
the United States, as established by Presidential
Proclamation 5030, dated March 10, 1983 (16 U.S.C. 1453
note).
(D) Foundation.--The term ``Foundation'' means the
National Fish and Wildlife Foundation established by
section 2(a) of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3701(a)).
(E) Fund.--The term ``Fund'' means the Coastal
Aquatic Invasive Species Mitigation Fund established by
paragraph (3)(A).
(F) Program.--The term ``Program'' means the
Coastal Aquatic Invasive Species Mitigation Grant
Program established under paragraph (2)(A).
(G) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.
(2) Grant program.--
(A) Establishment.--The Secretary and the
Foundation shall establish a program, to be known as
the ``Coastal Aquatic Invasive Species Mitigation Grant
Program'', under which the Secretary and the Foundation
shall award grants to eligible entities in accordance
with this paragraph.
(B) Purposes.--The purposes of the Program are--
(i) to improve the understanding,
prevention, and mitigation of, and response to,
aquatic invasive species in--
(I) the coastal zone; and
(II) the Exclusive Economic Zone;
(ii) to support the prevention and
mitigation of impacts from aquatic invasive
species in the coastal zone; and
(iii) to support the restoration of Pacific
Island habitats, marine, estuarine, and Great
Lakes environments in the coastal zone and the
Exclusive Economic Zone that are impacted by
aquatic invasive species.
(C) Use of grants.--
(i) In general.--A grant awarded under the
Program shall be used for an activity to carry
out the purposes of the Program, including an
activity--
(I) to develop and implement
procedures and programs, including
permissible State ballast water
inspection programs, to prevent,
detect, control, mitigate, and rapidly
or progressively eradicate aquatic
invasive species in the coastal zone or
the Exclusive Economic Zone,
particularly in areas with high numbers
of established aquatic invasive
species;
(II) to restore habitat impacted by
an aquatic invasive species;
(III) to develop new shipboard and
land-based ballast water treatment
system technologies and performance
standards to prevent the introduction
of aquatic invasive species;
(IV) to develop mitigation measures
to protect natural and cultural living
resources, including shellfish, from
the impacts of aquatic invasive
species; or
(V) to develop mitigation measures
to protect infrastructure, such as
hydroelectric infrastructure, from
aquatic invasive species.
(ii) Prohibition on funding litigation.--A
grant awarded under the Program may not be used
to fund litigation in any matter.
(D) Administration.--Not later than 90 days after
the date of enactment of this Act, the Foundation, in
consultation with the Secretary, shall establish the
following:
(i) Application and review procedures for
awarding grants under the Program.
(ii) Approval procedures for awarding
grants under the Program, including a
requirement for consultation with--
(I) the Secretary of the Interior;
and
(II) the Administrator.
(iii) Performance accountability and
monitoring measures for activities funded by a
grant awarded under the Program.
(iv) Procedures and methods to ensure
accurate accounting and appropriate
administration of grants awarded under the
Program, including standards of recordkeeping.
(E) Matching requirement.--Each eligible entity
that receives a grant under the Program shall provide,
in cash or through in-kind contributions from non-
Federal sources, matching funds to carry out the
activities funded by the grant in an amount equal to
not less than 25 percent of the cost of the activities.
(F) Funding.--The Secretary and the Foundation are
authorized to use the amounts available in the Fund to
award grants under the Program.
(3) Mitigation fund.--
(A) Establishment.--There is established in the
Treasury of the United States a trust fund, to be known
as the ``Coastal Aquatic Invasive Species Mitigation
Fund'', consisting of such amounts as are appropriated
or credited to the Fund in accordance with this
paragraph or section 9602 of the Internal Revenue Code
of 1986.
(B) Transfers to fund.--
(i) Appropriation.--There is authorized to
be appropriated from the Treasury to the Fund,
for each fiscal year, an amount equal to the
amount of penalties assessed for violations of
subsection (p) of section 312 of the Federal
Water Pollution Control Act (33 U.S.C. 1322)
during the preceding fiscal year.
(ii) Additional authorization.--In addition
to the amounts transferred to the Fund under
clause (i), there is authorized to be
appropriated to the Fund $5,000,000 for each
fiscal year.
(C) Use of fund.--Subject to appropriations, the
amounts in the Fund shall be available to the Secretary
and the Foundation to award grants under the Program.
(g) Great Lakes and Lake Champlain Invasive Species Program.--
(1) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator''
means the Administrator of the Environmental Protection
Agency.
(B) Aquatic nuisance species.--The term ``aquatic
nuisance species'' has the meaning given that term in
subsection (p)(1) of section 312 of the Federal Water
Pollution Control Act (33 U.S.C. 1322).
(C) Director.--The term ``Director'' means the
Director of the Great Lakes National Program Office
established by section 118(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1268(b)).
(D) Great lakes and lake champlain systems.--The
term ``Great Lakes and Lake Champlain Systems''
includes--
(i) Lake Champlain; and
(ii) all bodies of water (including
wetlands) within--
(I) the Great Lakes System (as
defined in section 118(a)(3) of the
Federal Water Pollution Control Act (33
U.S.C. 1268(a)(3))); or
(II) the Lake Champlain drainage
basin (as defined in section 120(g) of
the Federal Water Pollution Control Act
(33 U.S.C. 1270(g))).
(E) Program.--The term ``Program'' means the Great
Lakes and Lake Champlain Invasive Species Program
established under paragraph (2)(A).
(2) Establishment of program.--
(A) In general.--The Administrator shall establish
within the Great Lakes National Program Office a
program, to be known as the ``Great Lakes and Lake
Champlain Invasive Species Program''--
(i) in collaboration with--
(I) the Director of the United
States Fish and Wildlife Service;
(II) the Administrator of the
National Oceanic and Atmospheric
Administration;
(III) the Director of the United
States Geological Survey; and
(IV) the Secretary of the
department in which the Coast Guard is
operating; and
(ii) in consultation with--
(I) the head of Great Lakes Aquatic
Nonindigenous Species Information
System of the National Oceanic and
Atmospheric Administration; and
(II) the head of Great Lakes
Environmental Research Laboratory of
the National Oceanic and Atmospheric
Administration.
(B) Purposes.--The purposes of the Program shall
be--
(i) to monitor for the introduction and
spread of aquatic nuisance species into or
within the Great Lakes and Lake Champlain
Systems;
(ii) to detect newly introduced aquatic
nuisance species prior to the establishment of
the aquatic nuisance species in the Great Lakes
and Lake Champlain Systems;
(iii) to inform, and assist with,
management and response actions to prevent or
stop the establishment or spread of an aquatic
nuisance species;
(iv) to establish a watch list of candidate
aquatic nuisance species that may be introduced
or spread, and that may survive and establish,
within the Great Lakes and Lake Champlain
Systems;
(v) to monitor vectors likely to be
contributing to the introduction or spread of
aquatic nuisance species, including ballast
water operations;
(vi) to work collaboratively with the
Federal, State, local, and Tribal agencies to
develop criteria for prioritizing and
distributing monitoring efforts;
(vii) to develop, achieve type approval
for, and pilot shipboard or land-based ballast
water management systems installed on, or
available for use by, commercial vessels
operating solely within the Great Lakes and
Lake Champlain Systems to prevent the spread of
aquatic nuisance species populations within the
Great Lakes and Lake Champlain Systems; and
(viii) to facilitate meaningful Federal and
State implementation of the regulatory
framework in this subsection, including
monitoring, shipboard education, inspection,
and compliance conducted by States.
(3) Methodology.--The Program shall seek--
(A) to build on--
(i) existing aquatic nuisance species
monitoring efforts; and
(ii) efforts to develop criteria for
prioritizing and distributing monitoring
efforts, geographically and among taxa, in the
Great Lakes and Lake Champlain Systems;
(B) to advance early detection and monitoring, and
capacity to control the establishment and spread, of
aquatic nuisance species within the Great Lakes and
Lake Champlain Systems;
(C) to identify opportunities to interdict the
introduction and spread of aquatic nuisance species
through sound science and technological advancements;
(D) to assess the risk of aquatic nuisance species
introduction and spread via the range of vectors active
within the Great Lakes and Lake Champlain Systems;
(E) to advance the development of type-approved
ballast water management system (as defined in
subsection (p)(1) of section 312 of the Federal Water
Pollution Control Act (33 U.S.C. 1322) equipment for
commercial, non-seagoing vessels that operate solely
within the Great Lakes System (as defined in section
118(a)(3) of the Federal Water Pollution Control Act
(33 U.S.C. 1268(a)(3)));
(F) to immediately make available to the public
information regarding--
(i) the detection of new aquatic nuisance
species within the Great Lakes and Lake
Champlain Systems; or
(ii) the spread of aquatic nuisance species
within the Great Lakes and Lake Champlain
Systems;
(G) to annually submit to appropriate individuals
and entities in each affected region a report
describing the findings and activities of the Program;
(H) to identify roles and responsibilities of
Federal agencies in aquatic nuisance species monitoring
and response; and
(I) to provide resource assistance to States
implementing State-level programs to enter into
partnerships with Federal agencies in enforcing the
requirements under subsection (p) of section 312 of the
Federal Water Pollution Control Act (33 U.S.C. 1322).
(4) Collaboration.--In carrying out and developing the
Program, the Director shall collaborate with--
(A) applicable Federal, State, local, and Tribal
agencies; and
(B) such other research entities or stakeholders as
the Director determines to be appropriate.
(5) Data availability.--The Director shall--
(A) make the data collected under the Program
available on a publicly accessible internet website,
including in an annual summary report; and
(B) in coordination with the entities identified
under paragraph (4), develop communication and
notification protocols for the purpose of communicating
the range of aquatic nuisance species and any
identification of a new aquatic nuisance species
introduced to the Great Lakes and Lake Champlain
Systems.
(6) Report to congress.--
(A) In general.--Not later than December 31, 2019,
the Director shall submit to Congress a report
summarizing the outcomes of activities carried out
under the Program.
(B) Contents.--The report under subparagraph (A)
shall include--
(i) a description of activities carried out
under the Program, including an explanation of
how those activities help to achieve the
purposes described in paragraph (2)(B);
(ii) an analysis of Federal, State, and
local efforts to enhance multidisciplinary
approaches to achieve the purposes described in
paragraph (2)(B);
(iii) recommendations relating to
activities that would contribute to achievement
of the purposes described in paragraph (2)(B);
and
(iv) recommendations to improve the
efficiency and effectiveness of the Program.
(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out the Program $50,000,000 for
each of fiscal years 2019 through 2023.
(h) Technical and Conforming Amendments.--
(1) Section 1102(f) of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4712(f)) is
amended by striking paragraph (2) and inserting the following:
``(2) Ballast water reporting requirements.--
``(A) In general.--The owner or operator of a
vessel subject to this title shall submit to the
National Ballast Information Clearinghouse, by not
later than 6 hours after the arrival of the vessel at a
United States port or place of destination, the ballast
water management report form approved by the Office of
Management and Budget numbered OMB 1625-0069 (or a
successor form), unless the vessel is operating
exclusively on a voyage between ports or places within
contiguous portions of a single Captain of the Port
Zone.
``(B) Multiple discharges.--The owner or operator
of a vessel subject to this title may submit a single
report under subparagraph (A) for multiple ballast
water discharges within a single port or place of
destination during the same voyage.
``(C) Advance report to states.--A State may
require the owner or operator of a vessel subject to
this title to submit directly to the State, or to an
appropriate regional forum, a ballast water management
report form--
``(i) not later than 24 hours prior to
arrival at a United States port or place of
destination in the State, if the voyage of the
vessel is anticipated to exceed 24 hours; or
``(ii) before departing the port or place
of departure, if the voyage of the vessel to
the United States port or place of destination
is not anticipated to exceed 24 hours.
``(3) Vessel reporting data.--
``(A) Dissemination to states.--On receipt of a
ballast water management report under paragraph (2),
the National Ballast Information Clearinghouse shall--
``(i) in the case of a form submitted
electronically, immediately disseminate the
report to interested States; or
``(ii) in the case of a form submitted by
means other than electronically, disseminate
the report to interested States as soon as
practicable.
``(B) Availability to public.--Not later than 30
days after the date of receipt of a ballast water
management report under paragraph (2), the National
Ballast Information Clearinghouse shall make the data
in the report fully and readily available to the public
in a searchable and fully retrievable electronic
format.
``(4) Report.--
``(A) In general.--Not later than July 1, 2019, and
annually thereafter, the Secretary shall prepare and
submit a report in accordance with this paragraph.
``(B) Contents.--Each report under this paragraph
shall synthesize and analyze the data described in
paragraph (1) for the preceding 2-year period to
evaluate nationwide status and trends relating to--
``(i) ballast water delivery and
management; and
``(ii) invasions of aquatic nuisance
species resulting from ballast water.
``(C) Development.--The Secretary shall prepare
each report under this paragraph in consultation and
cooperation with--
``(i) the Task Force; and
``(ii) the Smithsonian Institution (acting
through the Smithsonian Environmental Research
Center).
``(D) Submission.--The Secretary shall--
``(i) submit each report under this
paragraph to--
``(I) the Task Force;
``(II) the Committee on Commerce,
Science, and Transportation of the
Senate; and
``(III) the Committee on
Transportation and Infrastructure of
the House of Representatives; and
``(ii) make each report available to the
public.
``(5) Working group.--Not later than 1 year after the date
of enactment of this paragraph, the Secretary shall establish a
working group, including members from the National Ballast
Information Clearinghouse and States with ballast water
management programs, to establish a process for compiling and
readily sharing Federal and State commercial vessel reporting
and enforcement data regarding compliance with this Act.''.
(2) Section 1205 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4725) is
amended--
(A) in the third sentence, by striking
``Compliance'' and inserting the following:
``(c) Effect of Compliance.--Compliance'';
(B) in the second sentence, by striking ``Nothing''
and inserting the following:
``(b) Effect of Title.--
``(1) In general.--Except as provided in paragraph (2),
nothing'';
(C) in the first sentence, by striking ``All
actions'' and inserting the following:
``(a) Consistency With Environmental Laws.--All actions''; and
(D) in subsection (b) (as so designated), by adding
at the end the following:
``(2) Exception.--Any discharge incidental to the normal
operation of a vessel, including any discharge of ballast water
(as those terms are defined in subsections (a) and (p)(1) of
section 312 of the Federal Water Pollution Control Act (33
U.S.C. 1322)), shall be regulated in accordance with that
section.''.
TITLE X--HYDROGRAPHIC SERVICES AND OTHER MATTERS
SEC. 1001. REAUTHORIZATION OF HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF
1998.
(a) Reauthorizations.--Section 306 of the Hydrographic Services
Improvement Act of 1998 (33 U.S.C. 892d) is amended--
(1) in the matter before paragraph (1), by striking ``There
are'' and inserting the following:
``(a) In General.--There are'';
(2) in subsection (a) (as designated by paragraph (1))--
(A) in paragraph (1), by striking ``surveys--'' and
all that follows through the end of the paragraph and
inserting ``surveys, $70,814,000 for each of fiscal
years 2019 through 2023.'';
(B) in paragraph (2), by striking ``vessels--'' and
all that follows through the end of the paragraph and
inserting ``vessels, $25,000,000 for each of fiscal
years 2019 through 2023.'';
(C) in paragraph (3), by striking
``Administration--'' and all that follows through the
end of the paragraph and inserting ``Administration,
$29,932,000 for each of fiscal years 2019 through
2023.'';
(D) in paragraph (4), by striking ``title--'' and
all that follows through the end of the paragraph and
inserting ``title, $26,800,000 for each of fiscal years
2019 through 2023.''; and
(E) in paragraph (5), by striking ``title--'' and
all that follows through the end of the paragraph and
inserting ``title, $30,564,000 for each of fiscal years
2019 through 2023.''; and
(3) by adding at the end the following:
``(b) Arctic Programs.--Of the amount authorized by this section
for each fiscal year--
``(1) $10,000,000 is authorized for use in the Arctic--
``(A) to acquire hydrographic data;
``(B) to provide hydrographic services;
``(C) to conduct coastal change analyses necessary
to ensure safe navigation;
``(D) to improve the management of coastal change;
and
``(E) to reduce risks of harm to subsistence and
coastal communities associated with increased
international maritime traffic; and
``(2) $2,000,000 is authorized for use to acquire
hydrographic data and provide hydrographic services in the
Arctic necessary to delineate the United States extended
Continental Shelf.''.
(b) Limitation on Administrative Expenses for Surveys.--Section 306
of such Act (33 U.S.C. 892d) is further amended by adding at the end
the following:
``(c) Limitation on Administrative Expenses for Surveys.--Of
amounts authorized by this section for each fiscal year for contract
hydrographic surveys, not more than 5 percent is authorized for
administrative costs associated with contract management.''.
SEC. 1002. SYSTEM FOR TRACKING AND REPORTING ALL-INCLUSIVE COST OF
HYDROGRAPHIC SURVEYS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Commerce shall--
(1) develop and implement a system to track and report the
full cost to the Department of Commerce of hydrographic data
collection, including costs relating to vessel acquisition,
vessel repair, and administration of contracts to procure data;
(2) evaluate measures for comparing cost per unit effort in
addition to measures of cost per nautical square mile; and
(3) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Natural
Resources of the House of Representatives a report on which
additional measures for comparing cost per unit effort the
Secretary intends to use and the rationale for such use.
(b) Development of Strategy for Increased Contracting With
Nongovernmental Entities for Hydrographic Data Collection.--Not later
than 180 days after the date on which the Secretary completes the
activities required by subsection (a), the Secretary shall develop a
strategy for how the National Oceanic and Atmospheric Administration
will increase contracting with nongovernmental entities for
hydrographic data collection in a manner that is consistent with the
requirements of the Ocean and Coastal Mapping Integration Act (Public
Law 111-11; 33 U.S.C. 3501 et seq.).
SEC. 1003. HOMEPORT OF CERTAIN RESEARCH VESSELS.
(a) Acceptance of Funds Authorized.--The Secretary of Commerce may
accept non-Federal funds for the purpose of the construction of a new
port facility, including obtaining such cost estimates, designs, and
permits as may be necessary to facilitate the homeporting of the R/V
FAIRWEATHER in accordance with title II of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2002 (Public Law 107-77; 115 Stat. 775) at a location that during
such homeporting shall be under the administrative jurisdiction of the
Under Secretary of Commerce for Oceans and Atmosphere.
(b) Strategic Plan Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall develop and
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Natural Resources of the House of
Representatives a strategic plan for implementing subsection (a).
(c) Acceptance of Funds Authorized.--The Secretary may accept non-
Federal funds for the purpose of the construction of a new port
facility, including obtaining such cost estimates, designs, and permits
as may be necessary to facilitate the homeporting of a new, existing,
or reactivated research vessel in the city of St. Petersburg, Florida,
at a location that during such homeporting shall be under the
administrative jurisdiction of the Under Secretary of Commerce for
Oceans and Atmosphere.
(d) Strategic Plan Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall develop and
submit to Congress a strategic plan for construction or acquisition of
the facilities needed to allow for an oceanographic research vessel to
be homeported in St. Petersburg, Florida. The strategic plan shall
include an estimate of funding needed to construct such facilities.
Attest:
Secretary.
115th CONGRESS
2d Session
S. 140
_______________________________________________________________________
SENATE AMENDMENT TO HOUSE AMENDMENT