[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 140 Enrolled Bill (ENR)]
S.140
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To authorize appropriations for the Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 Auxiliary.... 4101
``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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.