Text: S.140 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-282 (12/04/2018)

 
[115th Congress Public Law 282]
[From the U.S. Government Publishing Office]



[[Page 4191]]

          FRANK LOBIONDO COAST GUARD AUTHORIZATION ACT OF 2018

[[Page 132 STAT. 4192]]

Public Law 115-282
115th Congress

                                 An Act


 
     To authorize appropriations for the Coast Guard, and for other 
              purposes. <<NOTE: Dec. 4, 2018 -  [S. 140]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Frank LoBiondo 
Coast Guard Authorization Act of 2018.>> 
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.

[[Page 132 STAT. 4193]]

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.

[[Page 132 STAT. 4194]]

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, <<NOTE: 14 USC 1 prec.>>  is amended 
by striking the title designation, the title heading, and the table of 
parts at the beginning and inserting the following:

``TITLE 14 <<NOTE: 14 USC 101 prec.>> --COAST GUARD
``Subtitle                                                         Sec. 
``I. Establishment, Powers, Duties, and Administration............  101 

[[Page 132 STAT. 4195]]

``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, <<NOTE: 14 USC 1 prec.>>  is 
amended by striking the part designation, the part heading, and the 
table of chapters at the beginning and inserting the following:

``Subtitle I <<NOTE: 14 USC 101 prec.>> --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, <<NOTE: 14 USC 1 
prec.>>  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 <<NOTE: 14 USC 101 prec.>> --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
------------------------------------------------------------------------

[[Page 132 STAT. 4196]]

 
           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, <<NOTE: 14 USC 41 
prec.>>  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-- <<NOTE: 14 USC 301 prec.>> 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:


[[Page 132 STAT. 4197]]



------------------------------------------------------------------------
   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:

[[Page 132 STAT. 4198]]

``Sec. 311. <<NOTE: 14 USC 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. <<NOTE: 14 USC 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

[[Page 132 STAT. 4199]]

        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, <<NOTE: 14 USC 81 
prec.>>  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:

[[Page 132 STAT. 4200]]

``CHAPTER 5 <<NOTE: 14 USC 501 prec.>> --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
------------------------------------------------------------------------

[[Page 132 STAT. 4201]]

 
          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
------------------------------------------------------------------------

[[Page 132 STAT. 4202]]

 
         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 <<NOTE: 14 USC 501 prec.>> --GENERAL POWERS'';
            (2) by inserting before section 521 (as so redesignated and 
        transferred under subsection (b)) the following:

    ``SUBCHAPTER II <<NOTE: 14 USC 521 prec.>> --LIFE SAVING AND LAW 
ENFORCEMENT AUTHORITIES'';
            (3) by inserting before section 541 (as so redesignated and 
        transferred under subsection (b)) the following:

``SUBCHAPTER III <<NOTE: 14 USC 541 prec.>> --AIDS TO NAVIGATION'';
        and
            (4) by inserting before section 561 (as so redesignated and 
        transferred under subsection (b)) the following:

``SUBCHAPTER IV <<NOTE: 14 USC 561 prec.>> --MISCELLANEOUS''.
SEC. 106. CHAPTER 7.

    (a) Initial Matter.--Chapter 7 of title 14 <<NOTE: 14 USC 141 
prec.>> , 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 <<NOTE: 14 USC 701 prec.>> --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.

[[Page 132 STAT. 4203]]

``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
------------------------------------------------------------------------

[[Page 132 STAT. 4204]]

 
         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, <<NOTE: 14 USC 181 
prec.>> 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 <<NOTE: 14 USC 901 prec.>> --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.

[[Page 132 STAT. 4205]]

``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...............................
------------------------------------------------------------------------

[[Page 132 STAT. 4206]]

 
        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
------------------------------------------------------------------------

[[Page 132 STAT. 4207]]

 
         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 <<NOTE: 14 USC 901 prec.>> --REAL AND PERSONAL 
PROPERTY'';
        and
            (2) by inserting before section 931 (as so redesignated and 
        transferred under subsection (b)) the following:

``SUBCHAPTER II <<NOTE: 14 USC 931 prec.>> --MISCELLANEOUS''.
SEC. 108. CHAPTER 11.

    (a) Initial Matter.--Chapter 11 of title 14, United States Code, is 
amended by <<NOTE: 14 USC 211 prec.>> striking the chapter designation, 
the chapter

[[Page 132 STAT. 4208]]

heading, and the table of sections at the beginning and inserting the 
following:

``CHAPTER 11 <<NOTE: 14 USC 1101 prec.>> --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...............................
------------------------------------------------------------------------

[[Page 132 STAT. 4209]]

 
         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
------------------------------------------------------------------------

[[Page 132 STAT. 4210]]

 
          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) <<NOTE: 14 USC 211 prec., 251 prec., 271 prec., 281 
        prec., 321 prec., 331 prec., 350 prec., 421 prec., 432 prec.>>  
        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-- <<NOTE: 14 USC 1101 prec.>> GENERAL PROVISIONS'';
            (3) by inserting before section 1131 (as so redesignated and 
        transferred under subsection (b)) the following:

   ``SUBCHAPTER II-- <<NOTE: 14 USC 1131 prec.>> IMPROVED ACQUISITION 
PROCESS AND PROCEDURES'';
            (4) by inserting before section 1151 (as so redesignated and 
        transferred under subsection (b)) the following:

``SUBCHAPTER III-- <<NOTE: 14 USC 1151 prec.>> PROCUREMENT'';
        and
            (5) by inserting before section 1171 (as so redesignated and 
        transferred under subsection (b)) the following:

``SUBCHAPTER IV <<NOTE: 14 USC 1171 prec.>> --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:

[[Page 132 STAT. 4211]]

``Subtitle II <<NOTE: 14 USC 1901 prec.>> --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 <<NOTE: 14 USC 461 prec.>> , 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) <<NOTE: 14 USC 531 prec.>>  by striking the 
                chapter designation, the chapter heading, and the table 
                of sections at the beginning; and
                    (B) <<NOTE: 14 USC 531 prec., 541 prec., 551 
                prec.>>  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) <<NOTE: 14 USC 561 prec.>>  by striking the 
                chapter designation, the chapter heading, and the table 
                of sections at the beginning; and
                    (B) <<NOTE: 14 USC 561 prec., 571 prec., 581 
                prec.>>  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 <<NOTE: 14 USC 631 prec.>> 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 <<NOTE: 14 USC 680 prec.>> 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 <<NOTE: 14 USC 690 prec.>> by striking the chapter designation, 
the chapter heading, and the table of sections at the beginning and 
inserting the following:

``CHAPTER 19-- <<NOTE: 14 USC 1901 prec.>> 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.

[[Page 132 STAT. 4212]]

                        ``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...............................
------------------------------------------------------------------------

[[Page 132 STAT. 4213]]

 
         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-- <<NOTE: 14 USC 1901 prec.>> ADMINISTRATION'';
                    (B) by inserting before section 1923 (as so 
                redesignated and transferred under subsection (b)) the 
                following:

``SUBCHAPTER II-- <<NOTE: 14 USC 1921 prec.>> CADETS
``Sec. 1921. <<NOTE: 14 USC 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. <<NOTE: 14 USC 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

[[Page 132 STAT. 4214]]

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. <<NOTE: 14 USC 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. <<NOTE: 14 USC 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--

[[Page 132 STAT. 4215]]

            ``(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-- <<NOTE: 14 USC 1941 prec.>> 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, <<NOTE: 14 USC 701 prec.>>  
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, <<NOTE: 14 USC 701 prec.>>  is amended by striking the chapter 
designation, the chapter heading, and the table of sections at the 
beginning and inserting the following:

``CHAPTER 21-- <<NOTE: 14 USC 2101 prec.>> 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.

[[Page 132 STAT. 4216]]

``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:


[[Page 132 STAT. 4217]]



------------------------------------------------------------------------
   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
------------------------------------------------------------------------

[[Page 132 STAT. 4218]]

 
         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................................
------------------------------------------------------------------------

[[Page 132 STAT. 4219]]

 
         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..................................
------------------------------------------------------------------------

[[Page 132 STAT. 4220]]

 
         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) <<NOTE: 14 USC 701 prec., 720 prec.>>  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-- <<NOTE: 14 USC 2101 prec.>> APPOINTMENT AND 
PROMOTION'';
            (3) by inserting before section 2115 (as so redesignated and 
        transferred under subsection (b)) the following:

[[Page 132 STAT. 4221]]

``Sec. 2114. <<NOTE: 14 USC 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-- <<NOTE: 14 USC 2141 prec.>> 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-- <<NOTE: 14 USC 2181 prec.>> GENERAL PROVISIONS''.
SEC. 113. CHAPTER 23.

    (a) Initial Matter.--Chapter 23 of title 14, United States 
Code, <<NOTE: 14 USC 821 prec.>>  is amended by striking the chapter 
designation, the chapter heading, and the table of sections at the 
beginning and inserting the following:

``CHAPTER 23-- <<NOTE: 14 USC 2301 prec.>> 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:


[[Page 132 STAT. 4222]]



------------------------------------------------------------------------
   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.................
------------------------------------------------------------------------

[[Page 132 STAT. 4223]]

 
         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 <<NOTE: 14 USC 891 prec.>> by striking the chapter designation, 
the chapter heading, and the table of sections at the beginning and 
inserting the following:

``CHAPTER 25-- <<NOTE: 14 USC 2501 prec.>> 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:


[[Page 132 STAT. 4224]]



------------------------------------------------------------------------
   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-- <<NOTE: 14 USC 2501 prec.>> GENERAL PROVISIONS'';
        and

[[Page 132 STAT. 4225]]

            (2) by inserting before section 2531 (as so redesignated and 
        transferred under subsection (b)) the following:

``SUBCHAPTER II-- <<NOTE: 14 USC 2531 prec.>> LIGHTHOUSE SERVICE''.
SEC. 115. PART III.

    Part III of title 14, United States Code, <<NOTE: 14 USC 2701 
prec.>> 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, <<NOTE: 14 USC 2701 prec.>>  is amended by striking the chapter 
designation, the chapter heading, and the table of sections at the 
beginning and inserting the following:

``CHAPTER 27-- <<NOTE: 14 USC 2701 prec.>> 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.

[[Page 132 STAT. 4226]]

``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
------------------------------------------------------------------------

[[Page 132 STAT. 4227]]

 
         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
------------------------------------------------------------------------

[[Page 132 STAT. 4228]]

 
         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
------------------------------------------------------------------------

[[Page 132 STAT. 4229]]

 
         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 <<NOTE: 14 USC 2701 prec.>> RIGHTS AND 
BENEFITS'';
            (2) by inserting before section 2731 (as so redesignated and 
        transferred under subsection (b)) the following:

``SUBCHAPTER II-- <<NOTE: 14 USC 2731 prec.>> AWARDS'';
        and
            (3) by inserting before section 2761 (as so redesignated and 
        transferred under subsection (b)) the following:

``SUBCHAPTER III-- <<NOTE: 14 USC 2761 prec.>> PAYMENTS''.
SEC. 117. CHAPTER 29.

    (a) Initial Matter.--Chapter 29 of title 14, United States Code, is 
amended <<NOTE: 14 USC 2901 prec.>>  by striking the chapter 
designation, the chapter heading, and the table of sections at the 
beginning and inserting the following:

[[Page 132 STAT. 4230]]

 ``CHAPTER 29-- <<NOTE: 14 USC 2901 prec.>> 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
------------------------------------------------------------------------

[[Page 132 STAT. 4231]]

 
         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 <<NOTE: 14 USC 2901 prec.>>  GUARD FAMILIES'';
            (2) by inserting before section 2921 (as so redesignated and 
        transferred under subsection (b)) the following:

``SUBCHAPTER II-- <<NOTE: 14 USC 2921 prec.>> COAST GUARD CHILD CARE'';
        and

[[Page 132 STAT. 4232]]

            (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-- <<NOTE: 14 USC 3701 prec.>> 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-- <<NOTE: 14 USC 3701 prec.>> 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.

[[Page 132 STAT. 4233]]

``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.......................
------------------------------------------------------------------------

[[Page 132 STAT. 4234]]

 
         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......................
------------------------------------------------------------------------

[[Page 132 STAT. 4235]]

 
         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..................................
------------------------------------------------------------------------



[[Page 132 STAT. 4236]]

    (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-- <<NOTE: 14 USC 3701 prec.>> ADMINISTRATION'';
        and
            (2) by inserting before section 3731 (as so redesignated and 
        transferred under subsection (b)) the following:

``SUBCHAPTER II-- <<NOTE: 14 USC 3731 prec.>> 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-- <<NOTE: 14 USC 3901 prec.>> 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
------------------------------------------------------------------------

[[Page 132 STAT. 4237]]

 
         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-- <<NOTE: 14 USC 4101 prec.>> 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

[[Page 132 STAT. 4238]]

                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-- <<NOTE: 14 USC 4901 prec.>> Coast Guard Authorizations 
and Reports to Congress
``Chap.                                                             Sec.
``49. Authorizations..............................................  4901
``51. Reports.....................................................  5101

``CHAPTER 49-- <<NOTE: 14 USC 4901 prec.>> 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.

[[Page 132 STAT. 4239]]

            (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-- <<NOTE: 14 USC 5101 prec.>> 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:


[[Page 132 STAT. 4240]]



------------------------------------------------------------------------
   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) <<NOTE: 14 USC 101 note.>> 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) <<NOTE: 14 USC 101 note.>>  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 <<NOTE: 49 USC 
        303-305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 
        1110, 1133, 1171, 1904, 1945, 2107-2110, 2113, 2115-2125, 2142-
        2146, 2148-2151, 2159-2164, 2307, 2311, 2315, 2734, 2922, 2945, 
        2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 
        3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 
        5107.>>  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

[[Page 132 STAT. 4241]]

                    (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. <<NOTE: 14 USC 101 note prec.>>  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.

[[Page 132 STAT. 4242]]

            ``(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.-- <<NOTE: 14 USC 4902 note.>> 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''.

[[Page 132 STAT. 4243]]

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.--

[[Page 132 STAT. 4244]]

            ``(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. <<NOTE: 14 USC 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. <<NOTE: 14 USC 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--

[[Page 132 STAT. 4245]]

                    ``(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 <<NOTE: 14 USC 301 prec.>>  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 <<NOTE: 14 USC 1101 prec.>>  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. <<NOTE: 14 USC 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--

[[Page 132 STAT. 4246]]

                    ``(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, <<NOTE: 14 USC 501 prec.>>  is amended by inserting 
after the item relating to section 507 the following:

``508. Coast Guard health-care professionals; licensure portability.''.

    (c) <<NOTE: 14 USC 504 note.>>  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:

[[Page 132 STAT. 4247]]

``Sec. 718. <<NOTE: 14 USC 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, <<NOTE: 14 USC 701 prec.>> 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.

[[Page 132 STAT. 4248]]

            ``(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. <<NOTE: 14 USC 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, <<NOTE: 14 USC 901 prec.>> 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:

[[Page 132 STAT. 4249]]

``Sec. 1137. <<NOTE: 14 USC 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 <<NOTE: 14 USC 1101 prec.>> , 
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 <<NOTE: 14 USC 577 note.>>  (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 <<NOTE: 14 USC 573.>>  (14 U.S.C. 
        1133 note).
            (3) Section 207(a) of the Coast Guard Authorization Act of 
        2016 <<NOTE: 14 USC 87.>>  (14 U.S.C. 561 note).

    (e) <<NOTE: 14 USC 1137 note.>> 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) <<NOTE: 14 USC 1133 note.>> 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''.

[[Page 132 STAT. 4250]]

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) <<NOTE: 14 USC 2512 note.>> 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 <<NOTE: 14 USC 2701 prec.>> 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;

[[Page 132 STAT. 4251]]

            ``(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. <<NOTE: 14 USC 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, <<NOTE: 14 USC 510 prec.>> 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--

[[Page 132 STAT. 4252]]

            ``(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, <<NOTE: 14 USC 501 prec.>>  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

[[Page 132 STAT. 4253]]

        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-- <<NOTE: 46 USC 70001 prec.>> 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 <<NOTE: 46 USC 70001 prec.>> --VESSEL OPERATIONS
``Sec. 70001. <<NOTE: 46 USC 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.

[[Page 132 STAT. 4254]]

            ``(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

[[Page 132 STAT. 4255]]

        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. <<NOTE: 46 USC 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. <<NOTE: 46 USC 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.

[[Page 132 STAT. 4256]]

    ``(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--

[[Page 132 STAT. 4257]]

                    ``(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. <<NOTE: 46 USC 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. <<NOTE: 46 USC 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

[[Page 132 STAT. 4258]]

            ``(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-- <<NOTE: 46 USC 70011 prec.>> PORTS AND WATERWAYS 
SAFETY
``Sec. 70011. <<NOTE: 46 USC 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.

[[Page 132 STAT. 4259]]

    ``(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. <<NOTE: 46 USC 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. <<NOTE: 46 USC 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.

[[Page 132 STAT. 4260]]

    ``(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-- <<NOTE: 46 USC 70021 prec.>> CONDITION FOR ENTRY INTO 
PORTS IN THE UNITED STATES
``Sec. 70021. <<NOTE: 46 USC 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.

[[Page 132 STAT. 4261]]

``SUBCHAPTER IV-- <<NOTE: 46 USC 70031 prec.>> DEFINITIONS, REGULATIONS, 
ENFORCEMENT, INVESTIGATORY POWERS, APPLICABILITY
``Sec. 70031. <<NOTE: 46 USC 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. <<NOTE: 46 USC 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. <<NOTE: 46 USC 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. <<NOTE: 46 USC 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--

[[Page 132 STAT. 4262]]

            ``(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. <<NOTE: 46 USC 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. <<NOTE: 46 USC 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,

[[Page 132 STAT. 4263]]

        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 <<NOTE: 46 USC 70001 prec.>>  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

[[Page 132 STAT. 4264]]

                    (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 <<NOTE: 46 USC 3101 prec.>>  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 <<NOTE: 46 USC 70101 prec.>>  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 <<NOTE: 46 USC 2301 prec.>> , 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. <<NOTE: 46 USC 101 note prec.>>  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.

[[Page 132 STAT. 4265]]

    (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. <<NOTE: 46 USC 101 note prec.>> 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-- <<NOTE: 46 USC 70041 prec.>> REGATTAS AND MARINE 
PARADES
``Sec. 70041. <<NOTE: 46 USC 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--

[[Page 132 STAT. 4266]]

            ``(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, <<NOTE: 46 USC 700001 prec.>>  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 <<NOTE: 33 USC 1233-1236.>>  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-- <<NOTE: 46 USC 70051 prec.>> REGULATION OF VESSELS IN 
TERRITORIAL WATERS OF UNITED STATES
``Sec. 70054. <<NOTE: 46 USC 70054 prec.>> 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

[[Page 132 STAT. 4267]]

        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. <<NOTE: 46 USC 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. <<NOTE: 46 USC 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. <<NOTE: 46 USC 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 <<NOTE: 46 USC 70001 prec.>>  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.''.

[[Page 132 STAT. 4268]]

SEC. 408. PORT, HARBOR, AND COASTAL FACILITY SECURITY.

    (a) <<NOTE: 46 USC 70102a.>>  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 <<NOTE: 46 USC 70101 prec.>>  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

[[Page 132 STAT. 4269]]

        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:

[[Page 132 STAT. 4270]]

``Sec. 4312. <<NOTE: 46 USC 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.''.

[[Page 132 STAT. 4271]]

    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter <<NOTE: 46 USC 4301 prec.>> is amended by adding at the end the 
following:

``4312. Engine cut-off switches.''.

    (c) <<NOTE: 46 USC 4312 note.>> 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

[[Page 132 STAT. 4272]]

            (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) <<NOTE: 46 USC 4503a.>>  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

[[Page 132 STAT. 4273]]

        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 <<NOTE: 46 USC 4501 prec.>>  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) <<NOTE: 46 USC 4503 note.>>  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

[[Page 132 STAT. 4274]]

        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''.

[[Page 132 STAT. 4275]]

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.''.

[[Page 132 STAT. 4276]]

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. <<NOTE: National Timing Resilience and Security Act of 
                        2018.>>  BACKUP NATIONAL TIMING SYSTEM.

    (a) <<NOTE: 49 USC 101 note.>>  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. <<NOTE: 49 USC 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;

[[Page 132 STAT. 4277]]

                    ``(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;

[[Page 132 STAT. 4278]]

                    ``(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 <<NOTE: 49 USC 301 prec.>> , is amended by adding 
at the end the following:

``312. Alternative timing system.''.

[[Page 132 STAT. 4279]]

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) <<NOTE: 46 USC 12101 note prec.>>  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

[[Page 132 STAT. 4280]]

            (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-- <<NOTE: 46 USC 15101 prec.>> NATIONAL MARITIME TRANSPORTATION 
ADVISORY COMMITTEES

     ``CHAPTER 151-- <<NOTE: 46 USC 15101 prec.>> 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. <<NOTE: 46 USC 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).

[[Page 132 STAT. 4281]]

``Sec. 15102. <<NOTE: 46 USC 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.

[[Page 132 STAT. 4282]]

``Sec. 15103. <<NOTE: 46 USC 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--

[[Page 132 STAT. 4283]]

                          ``(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. <<NOTE: 46 USC 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. <<NOTE: 46 USC 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.

[[Page 132 STAT. 4284]]

            ``(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. <<NOTE: 46 USC 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.

[[Page 132 STAT. 4285]]

                    ``(K) 1 member shall represent the general public 
                (but not a specific environmental group).
``Sec. 15107. <<NOTE: 46 USC 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. <<NOTE: 46 USC 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.

[[Page 132 STAT. 4286]]

                    ``(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. <<NOTE: 46 USC 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

[[Page 132 STAT. 4287]]

        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.

[[Page 132 STAT. 4288]]

            ``(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;

[[Page 132 STAT. 4289]]

                    ``(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, <<NOTE: 46 USC 4501 prec.>>  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 <<NOTE: 46 USC 7101 prec.>>  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, <<NOTE: 46 USC 
                8101 prec.>>  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, <<NOTE: 46 
                USC 13101 prec.>>  are repealed.
                    (B) Conforming amendments.--

[[Page 132 STAT. 4290]]

                          (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) <<NOTE: 46 USC 15101 note prec.>>  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.--

[[Page 132 STAT. 4291]]

            ``(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

[[Page 132 STAT. 4292]]

                      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.).

[[Page 132 STAT. 4293]]

            ``(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) <<NOTE: 46 USC 70112 note.>>  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-- <<NOTE: Federal Maritime Commission Authorization Act of 
2017.>> FEDERAL MARITIME COMMISSION
SEC. 701. SHORT TITLE.

    This title may be cited as the ``Federal Maritime Commission 
Authorization Act of 2017''.

[[Page 132 STAT. 4294]]

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

[[Page 132 STAT. 4295]]

                    ``(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) <<NOTE: 46 USC 40304 note.>>  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

[[Page 132 STAT. 4296]]

        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) <<NOTE: 46 USC 41104 note.>>  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. <<NOTE: 46 USC 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 <<NOTE: 46 USC 41101 prec.>> , by inserting after the item 
        relating to section 41105 the following:

``41105A. Authority.''.


[[Page 132 STAT. 4297]]



    (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) <<NOTE: 46 USC 41307 note.>>  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.

[[Page 132 STAT. 4298]]

            ``(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, <<NOTE: 46 USC 301 prec.>>  is amended 
by amending the item relating to section 303 to read as follows:

``303. Meetings.''.

SEC. 712. <<NOTE: 46 USC 305 note.>>  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.

[[Page 132 STAT. 4299]]

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. <<NOTE: 46 USC 40102 note.>>  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. <<NOTE: 14 USC 2101 note prec.>>  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),

[[Page 132 STAT. 4300]]

        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) <<NOTE: 14 USC 1102 note.>>  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. <<NOTE: 14 USC 522 note.>>  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.

[[Page 132 STAT. 4301]]

    (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. <<NOTE: 14 USC 313 note.>>  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

[[Page 132 STAT. 4302]]

        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

[[Page 132 STAT. 4303]]

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;

[[Page 132 STAT. 4304]]

                    (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;

[[Page 132 STAT. 4305]]

            (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. <<NOTE: 14 USC 946 note.>>  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);

[[Page 132 STAT. 4306]]

            (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

[[Page 132 STAT. 4307]]

                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. <<NOTE: 14 USC 1133 note.>>  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

[[Page 132 STAT. 4308]]

                      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) <<NOTE: 14 USC 573 
        note.>>  is repealed.
            (2) Section 204(c)(1) of the Coast Guard Authorization Act 
        of 2016 (130 Stat. 35) <<NOTE: 14 USC 504 note.>>  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--

[[Page 132 STAT. 4309]]

            (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

[[Page 132 STAT. 4310]]

        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;

[[Page 132 STAT. 4311]]

            (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. <<NOTE: 33 USC 1321 note.>>  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

[[Page 132 STAT. 4312]]

        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

[[Page 132 STAT. 4313]]

                    (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.

[[Page 132 STAT. 4314]]

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. <<NOTE: 46 USC 12114 note.>>  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. <<NOTE: 46 USC 4302 note.>>  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. <<NOTE: 46 USC 4302 note.>>  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. <<NOTE: 46 USC 7302.>>  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

[[Page 132 STAT. 4315]]

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. <<NOTE: 46 USC 4502 note.>>  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

[[Page 132 STAT. 4316]]

            (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.

[[Page 132 STAT. 4317]]

    ``(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)

[[Page 132 STAT. 4318]]

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;

[[Page 132 STAT. 4319]]

                    ``(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

[[Page 132 STAT. 4320]]

        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

[[Page 132 STAT. 4321]]

                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. <<NOTE: 16 USC 668dd note.>>  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

[[Page 132 STAT. 4322]]

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-- <<NOTE: Vessel Incidental Discharge Act of 2018.>> VESSEL 
INCIDENTAL DISCHARGE ACT
SEC. 901. <<NOTE: 33 USC 1251 note.>>  SHORT TITLE.

    This title may be cited as the ``Vessel Incidental Discharge Act of 
2018''.
SEC. 902. <<NOTE: 33 USC 1322 note.>>  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;

[[Page 132 STAT. 4323]]

            (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

[[Page 132 STAT. 4324]]

                      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

[[Page 132 STAT. 4325]]

                      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));

[[Page 132 STAT. 4326]]

                          ``(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.

[[Page 132 STAT. 4327]]

                    ``(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

[[Page 132 STAT. 4328]]

                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;

[[Page 132 STAT. 4329]]

                                    ``(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.

[[Page 132 STAT. 4330]]

                          ``(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.

[[Page 132 STAT. 4331]]

                                            ``(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.

[[Page 132 STAT. 4332]]

                    ``(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

[[Page 132 STAT. 4333]]

                      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);

[[Page 132 STAT. 4334]]

                                    ``(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).

[[Page 132 STAT. 4335]]

                          ``(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

[[Page 132 STAT. 4336]]

                      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--

[[Page 132 STAT. 4337]]

                                    ``(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.

[[Page 132 STAT. 4338]]

                                    ``(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

[[Page 132 STAT. 4339]]

                                (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--

[[Page 132 STAT. 4340]]

                                    ``(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--

[[Page 132 STAT. 4341]]

                          ``(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

[[Page 132 STAT. 4342]]

                                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

[[Page 132 STAT. 4343]]

                      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

[[Page 132 STAT. 4344]]

                                    ``(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

[[Page 132 STAT. 4345]]

                                        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).

[[Page 132 STAT. 4346]]

                                            ``(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

[[Page 132 STAT. 4347]]

                                        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--

[[Page 132 STAT. 4348]]

                                            ``(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

[[Page 132 STAT. 4349]]

                                        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

[[Page 132 STAT. 4350]]

                                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;

[[Page 132 STAT. 4351]]

                                                ``(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

[[Page 132 STAT. 4352]]

                                                ``(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

[[Page 132 STAT. 4353]]

                                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

[[Page 132 STAT. 4354]]

                                            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) <<NOTE: 16 USC 4711 note.>>  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

[[Page 132 STAT. 4355]]

                          (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--

[[Page 132 STAT. 4356]]

                          ``(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.

[[Page 132 STAT. 4357]]

                    ``(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) <<NOTE: 16 USC 4729.>> 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--

[[Page 132 STAT. 4358]]

                          (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.

[[Page 132 STAT. 4359]]

                    (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) <<NOTE: 16 USC 4730.>>  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))).

[[Page 132 STAT. 4360]]

                    (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.

[[Page 132 STAT. 4361]]

            (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

[[Page 132 STAT. 4362]]

                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.--

[[Page 132 STAT. 4363]]

                    ``(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:

[[Page 132 STAT. 4364]]

    ``(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;

[[Page 132 STAT. 4365]]

                    ``(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. <<NOTE: 33 USC 892 note.>> 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

[[Page 132 STAT. 4366]]

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.

    Approved December 4, 2018.

LEGISLATIVE HISTORY--S. 140:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 115-441 (Comm. on Natural Resources).
SENATE REPORTS: No. 115-97 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 163 (2017):
                                    May 8, considered and passed Senate.
                                                        Vol. 164 (2018):
                                    Jan. 10, considered and passed 
                                        House, amended.
                                    Oct. 11, Nov. 13, 14, Senate 
                                        considered and concurred in 
                                        House amendment with an 
                                        amendment.
                                    Nov. 27, House concurred in Senate 
                                        amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
            Dec. 4, Presidential statement.

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