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115th Congress    }                                       {  Report
                          HOUSE OF REPRESENTATIVES
 1st Session      }                                       {  115-194

======================================================================



 
                 COAST GUARD AUTHORIZATION ACT OF 2017

                                _______
                                

 June 26, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2518]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2518) to authorize appropriations 
for the Coast Guard for fiscal years 2018 and 2019, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................    25
Background and Need for Legislation..............................    25
Hearings.........................................................    27
Legislative History and Consideration............................    27
Committee Votes..................................................    28
Committee Oversight Findings.....................................    28
New Budget Authority and Tax Expenditures........................    28
Congressional Budget Office Cost Estimate........................    28
Performance Goals and Objectives.................................    36
Advisory of Earmarks.............................................    37
Duplication of Federal Programs..................................    37
Disclosure of Directed Rule Makings..............................    37
Federal Mandate Statement........................................    37
Preemption Clarification.........................................    37
Advisory Committee Statement.....................................    37
Applicability of Legislative Branch..............................    38
Section-by-Section Analysis of Legislation.......................    38
Changes in Existing Law Made by the Bill, as Reported............    47

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Coast Guard 
Authorization Act of 2017''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                        TITLE I--AUTHORIZATIONS

Sec. 101. Authorizations of appropriations.
Sec. 102. Authorized levels of military strength and training.

                         TITLE II--COAST GUARD

Sec. 201. Training; public safety personnel.
Sec. 202. Commissioned service retirement.
Sec. 203. Officer promotion zones.
Sec. 204. Cross reference.
Sec. 205. Repeal.
Sec. 206. Unmanned aircraft system.
Sec. 207. Coast Guard health-care professionals; licensure portability.
Sec. 208. Incentive contracts for Coast Guard yard and industrial 
establishments.
Sec. 209. Maintaining cutters in class.
Sec. 210. Congressional affairs; Director.
Sec. 211. Contracting for major acquisitions programs.
Sec. 212. National Security Cutter.
Sec. 213. Radar refresher training.
Sec. 214. Repeal.
Sec. 215. Extension of authority.
Sec. 216. Authorization of amounts for Fast Response Cutters.
Sec. 217. Authorization of amounts for ice trials of icebreaker 
vessels.
Sec. 218. Shoreside infrastructure.

               TITLE III--PORTS AND WATERWAYS SAFETY ACT

Sec. 301. Codification of Ports and Waterways Safety Act.
Sec. 302. Conforming amendments.
Sec. 303. Transitional and savings provisions.
Sec. 304. Rule of construction.
Sec. 305. Advisory Committee: Repeal.

                TITLE IV--MARITIME TRANSPORTATION SAFETY

Sec. 401. Clarification of logbook entries.
Sec. 402. Technical corrections: licenses, certifications of registry, 
and merchant mariner documents.
Sec. 403. Numbering for undocumented barges.
Sec. 404. Drawbridge deviation exemption.
Sec. 405. Deadline for compliance with alternate safety compliance 
programs.
Sec. 406. Authorization for marine debris program.
Sec. 407. Alternative distress signals.
Sec. 408. Atlantic Coast Port Access Route Study recommendations.
Sec. 409. Documentation of recreational vessels.
Sec. 410. Certificates of documentation for recreational vessels.
Sec. 411. Backup global positioning system.
Sec. 412. Waters deemed not navigable waters of the United States for 
certain purposes.
Sec. 413. Uninspected passenger vessels in St. Louis County, Minnesota.
Sec. 414. Engine cut-off switch requirements.
Sec. 415. Analysis of commercial fishing vessel classification 
requirements.

                         TITLE V--MISCELLANEOUS

Sec. 501. Repeal.
Sec. 502. Reimbursements for non-Federal construction costs of certain 
aids to navigation.
Sec. 503. Corrections to provisions enacted by Coast Guard 
Authorization Acts.
Sec. 504. Ship Shoal Lighthouse transfer: Repeal.
Sec. 505. Coast Guard maritime domain awareness.
Sec. 506. Towing safety management system fees.
Sec. 507. Oil spill disbursements auditing and report.
Sec. 508. Land exchange, Ayakulik Island, Alaska.
Sec. 509. Vessel response plans in the Arctic.
Sec. 510. Assessment of public comments on additional anchorages on the 
Hudson River.
Sec. 511. Public safety answering points and maritime search and rescue 
coordination.
Sec. 512. Documentation of ``America's Finest''.

                        TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATIONS OF APPROPRIATIONS.

  Section 2702 of title 14, United States Code, is amended:
          (1) in the matter preceding paragraph (1), by striking 
        ``fiscal years 2016 and 2017'' and inserting ``fiscal years 
        2018 and 2019'';
          (2) in paragraph (1), by striking subparagraphs (A) and (B) 
        and inserting the following:
                  ``(A) $7,263,698,328 for fiscal year 2018; and
                  ``(B) $7,452,554,484 for fiscal year 2019.'';
          (3) in paragraph (2), by striking subparagraphs (A) and (B) 
        and inserting the following:
                  ``(A) $1,945,000,000 for fiscal year 2018; and
                  ``(B) $1,945,000,000 for fiscal year 2019.'';
          (4) in paragraph (3), by striking subparagraphs (A) and (B) 
        and inserting the following:
                  ``(A) $134,237,000 for fiscal year 2018; and
                  ``(B) $134,237,000 for fiscal year 2019.'';
          (5) in paragraph (4), by striking subparagraphs (A) and (B) 
        and inserting the following:
                  ``(A) $16,701,000 for fiscal year 2018; and
                  ``(B) $16,701,000 for fiscal year 2019.''; and
          (6) in paragraph (5), by striking subparagraphs (A) and (B) 
        and inserting the following:
                  ``(A) $37,263,294 for fiscal year 2018; and
                  ``(B) $38,232,140 for fiscal year 2019.''.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

  Section 2704 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 an 
        end-of-year strength for such personnel of 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''.

                         TITLE II--COAST GUARD

SEC. 201. TRAINING; PUBLIC SAFETY PERSONNEL.

  (a) In General.--Chapter 7 of title 14, United States Code, is 
amended by adding at the end the following:

``Sec. 155. Training; public safety personnel

  ``(a) In General.--The Commandant may, on a reimbursable or a non-
reimbursable basis, make training available to public safety personnel 
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 public safety 
        personnel, would further the goal of interoperability among 
        Federal agencies, non-Federal governmental agencies, or both.
  ``(b) Definition.--For the purposes of this section, the term `public 
safety personnel' includes any Federal, State (or political subdivision 
thereof), territorial, or tribal law enforcement officer, firefighter, 
or emergency response provider.
  ``(c) Treatment of Reimbursement.--Any reimbursements for 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 of Trained Personnel; Limitation on Liability.--
          ``(1) Status.--Any public safety personnel to whom 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 such personnel in the course of 
        training made available under this section.''.
  (b) Clerical Amendment.--The analysis for chapter 7 of such title is 
amended by inserting at the end the following:

``155. Training; public safety personnel.''.

SEC. 202. COMMISSIONED SERVICE RETIREMENT.

  For Coast Guard officers who retire in fiscal year 2017 or 2018, the 
President may reduce the period of active commissioned service required 
under section 291 of title 14, United States Code, to a period of not 
less than eight years.

SEC. 203. OFFICER PROMOTION ZONES.

  Section 256(a) of title 14, United States Code, is amended by 
striking ``six-tenths.'' and inserting ``one-half.''.

SEC. 204. CROSS REFERENCE.

  Section 373(a) of title 14, United States Code, is amended by 
inserting ``designated under section 371'' after ``cadet''.

SEC. 205. REPEAL.

  Section 482 of title 14, United States Code, and the item relating to 
that section in the analysis for chapter 13 of that title, are 
repealed.

SEC. 206. UNMANNED AIRCRAFT SYSTEM.

  (a) In General.--Chapter 3 of title 14, United States Code, is 
amended by adding at the end the following:

``Sec. 61. Unmanned aircraft system

  ``(a) In General.--Subject to the availability of appropriations and 
to subsection (b), the Secretary of the department in which the Coast 
Guard is operating shall establish a land-based unmanned aircraft 
system program under the control of the Commandant of the Coast Guard.
  ``(b) Limitations.--
          ``(1) In general.--During any fiscal year for which funds are 
        appropriated for the design or construction of the Offshore 
        Patrol Cutter, the Commandant--
                  ``(A) may not award a contract for design of an 
                unmanned aircraft system for use by the Coast Guard; 
                and
                  ``(B) may acquire an unmanned aircraft system only if 
                such a system--
                          ``(i) has been part of a program of record, 
                        procured by, or used by, the Department of 
                        Defense or the Department of Homeland Security, 
                        or a component thereof, before the date on 
                        which the Commandant acquires the system; and
                          ``(ii) is acquired by the Commandant through 
                        an agreement with such a department or 
                        component, unless the unmanned aircraft system 
                        can be obtained at less cost through 
                        independent contract action.
          ``(2) Limitations on application.--
                  ``(A) Small unmanned aircraft.--Paragraph (1)(B) does 
                not apply to small unmanned aircraft.
                  ``(B) Previously funded systems.--Subsection (b) does 
                not apply to the design or acquisition of an unmanned 
                aircraft system for which funds for research, 
                development, test, and evaluation have been received 
                from the Department of Defense or the Department of 
                Homeland Security.
  ``(c) Definitions.--In this section each of the terms `small unmanned 
aircraft' and `unmanned aircraft system' has the meaning that term has 
in section 331 of the FAA Modernization and Reform Act of 2012 (49 
U.S.C. 40101 note).''.
  (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end the following:

``61. Unmanned aircraft system.''.

  (c) Conforming Amendment.--Subsection (c) of section 564 of title 14, 
United States Code, is repealed.

SEC. 207. COAST GUARD HEALTH-CARE PROFESSIONALS; LICENSURE PORTABILITY.

  (a) In General.--Chapter 5 of title 14, United States Code, is 
amended by adding at the end the following:

``Sec. 104. Coast Guard health-care professionals; licensure 
                    portability

  ``(a) Notwithstanding any 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 are 
located, if the practice is within the scope of the authorized Federal 
duties of such health-care professional.
  ``(b) 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;
                  ``(D) a personal services contractor under section 
                1091 of title 10; or
                  ``(E) any other health-care professional credentialed 
                and privileged at a Federal health-care institution or 
                location specially designated by the Secretary; and
          ``(2) who--
                  ``(A) has a current license to practice medicine, 
                osteopathic medicine, dentistry, or another health 
                profession; and
                  ``(B) is performing authorized duties for the Coast 
                Guard.
  ``(c) In this section each of the terms `license' and `health-care 
professional' has the meaning that term has in section 1094(e) of title 
10.''.
  (b) Clerical Amendment.--The analysis for such chapter is amended by 
adding at the end the following:

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

SEC. 208. INCENTIVE CONTRACTS FOR COAST GUARD YARD AND INDUSTRIAL 
                    ESTABLISHMENTS.

  Section 648 of title 14, United States Code, is amended--
          (1) by inserting before the text the following: ``(a) In 
        General.--'';
          (2) in subsection (a), as designated by the amendment made by 
        paragraph (1) of this section, by striking the period at the 
        end of the last sentence and inserting ``or in accordance with 
        subsection (b).''; and
          (3) by adding at the end the following:
  ``(b) Incentive Contracts.--
          ``(1) The parties to an order for industrial work to be 
        performed by the Coast Guard Yard or a Coast Guard industrial 
        establishment designated under subsection (a) may enter into an 
        order or a cost-plus-incentive-fee order in accordance with 
        this subsection.
          ``(2) If such parties enter into such an order or a cost-
        plus-incentive-fee order, an agreed-upon amount of any 
        adjustment described in subsection (a) may be distributed as an 
        incentive to the wage-grade industrial employees who complete 
        the order.
          ``(3) Before entering into such an order or cost-plus-
        incentive-fee order such parties must agree that the wage-grade 
        employees of the Coast Guard Yard or Coast Guard industrial 
        establishment will take action to improve the delivery schedule 
        or technical performance agreed to in the order for industrial 
        work to which such parties initially agreed.
          ``(4) Notwithstanding any other provision of law, if the 
        industrial workforce of the Coast Guard Yard or such 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 this 
                subsection shall be reduced by such 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. 209. MAINTAINING CUTTERS IN CLASS.

  Section 573(c)(3)(A) of title 14, United States Code, is amended--
          (1) by striking ``(A) In general.--''; and
          (2) by inserting ``and shall maintain such cutter in class'' 
        before the period at the end.

SEC. 210. CONGRESSIONAL AFFAIRS; DIRECTOR.

  (a) In General.--Chapter 3 of title 14, United States Code, as 
amended by section 206 of this Act, is further amended by adding at the 
end the following:

``Sec. 62. Congressional affairs; director

  ``The Commandant shall appoint a Director of Congressional Affairs 
from among officers of the Coast Guard who are in a grade above 
captain.''.
  (b) Clerical Amendment.--The analysis for such chapter is amended by 
adding at the end the following:

``62. Congressional Affairs; Director.''.

SEC. 211. CONTRACTING FOR MAJOR ACQUISITIONS PROGRAMS.

  (a) In General.--Subchapter II of chapter 15 of title 14, United 
States Code, is amended by adding at the end the following:

``Sec. 580. Contracting for major acquisitions programs

  ``(a) In General.--The Commandant of the Coast Guard may enter into 
contracts for major acquisition programs.
  ``(b) Authorized Methods.--Such contracts--
          ``(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) may be multiyear contracts that comply with section 
        2306b of title 10.
  ``(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.''.
  (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end of the items relating to such 
subchapter the following:

``580. Contracting for major acquisitions programs.''.

  (c) Conforming Amendments.--The following provisions are repealed:
          (1) Section 223 of Public Law 113-281 (14 U.S.C. 577 note), 
        and the item relating to that section in the table of contents 
        in section 2 of such Act.
          (2) Section 221(a) of Public Law 112-213 (14 U.S.C. 573 
        note).
          (3) Section 207(a) of Public Law 114-120 (14 U.S.C. 87 note).

SEC. 212. NATIONAL SECURITY CUTTER.

  (a) Standard Method for Tracking.--The Commandant of the Coast Guard 
may not certify an eighth National Security Cutter as Ready for 
Operations before the date on which the Commandant provides to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate--
          (1) a notification of a new standard method for tracking 
        operational employment of Coast Guard major cutters that does 
        not include time during which such a cutter is away from its 
        homeport for maintenance or repair; and
          (2) a report analyzing cost and performance for different 
        approaches to achieving varied levels of operational employment 
        using the standard method required by paragraph (1) that, at a 
        minimum--
                  (A) compares over a 30-year period the average 
                annualized baseline cost and performances for a 
                certified National Security Cutter that operated for 
                185 days away from homeport or an equivalent 
                alternative measure of operational tempo--
                          (i) against the cost of a 15 percent increase 
                        in days away from homeport or an equivalent 
                        alternative measure of operational tempo for a 
                        National Security Cutter; and
                          (ii) against the cost of the acquisition and 
                        operation of an additional National Security 
                        Cutter; and
                  (B) examines the optimal level of operational 
                employment of National Security Cutters to balance 
                National Security Cutter cost and mission performance.
  (b) Conforming Amendments.--
          (1) Section 221(b) of the Coast Guard and Maritime 
        Transportation Act of 2012 (14 U.S.C. 573 note) is repealed.
          (2) Section 204(c)(1) of the Coast Guard Authorization Act of 
        2016 (130 Stat. 35) is repealed.

SEC. 213. RADAR REFRESHER TRAINING.

  Section 11.480(F) of title 46, Code of Federal Regulations, as in 
effect immediately before the enactment of this Act, shall have no 
force or effect.

SEC. 214. REPEAL.

  Section 676a(a) of title 14, United States Code, is amended--
          (1) by striking paragraph (2);
          (2) by striking ``(1) In general.--'';
          (3) by redesignating subparagraphs (A) and (B) as paragraphs 
        (1) and (2), respectively; and
          (4) in paragraph (2), as so redesignated, by striking 
        ``subparagraph (A)'' and inserting ``paragraph (1)''.

SEC. 215. EXTENSION OF AUTHORITY.

  Section 404 of the Coast Guard Authorization Act of 2010 (Public Law 
111-281; 124 Stat. 2950) is amended--
          (1) in subsection (a), in the text preceding paragraph (1), 
        by striking ``sections 3304, 5333, and 5753'' and inserting 
        ``section 3304''; and
          (2) in subsection (b), by striking ``2017.'' and inserting 
        ``2021.''.

SEC. 216. AUTHORIZATION OF AMOUNTS FOR FAST RESPONSE CUTTERS.

  (a) In General.--Of the amounts authorized for each fiscal year 2018 
and 2019 under section 2702(2) of title 14, United States Code, as 
amended by this Act, $165,000,000 is authorized for the acquisition of 
three Fast Response Cutters in each such fiscal year.
  (b) Treatment of Acquired Cutters.--Any cutters acquired under 
subsection (a) shall be in addition to the 58 cutters approved under 
the existing acquisition baseline.

SEC. 217. AUTHORIZATION OF AMOUNTS FOR ICE TRIALS OF ICEBREAKER 
                    VESSELS.

  (a) In General.--Of the amounts authorized for fiscal year 2018 under 
paragraphs (1) and (5) of section 2702 of title 14, United States Code, 
as amended by this Act, up to $3,000,000 is authorized for the 
Commandant of the Coast Guard to carry out ice trials of icebreaker 
vessels documented under section 12111 of title 46, United States Code.
  (b) Assessments.--Ice trials referred to in subsection (a) shall--
          (1) assess the ability of an icebreaker vessel to carry out 
        the missions of the Coast Guard enumerated in section 2 of 
        title 14, United States Code; or
          (2) conduct operational tests to produce information that 
        could be used in the design and acquisition of icebreaker 
        vessels by the Coast Guard to carry out such missions.

SEC. 218. SHORESIDE INFRASTRUCTURE.

  Of the amounts authorized under section 2702(2) of title 14, United 
States Code, as amended by this Act, for each of fiscal years 2018 and 
2019 there is authorized to be appropriated $165,000,000 to 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.

               TITLE III--PORTS AND WATERWAYS SAFETY ACT

SEC. 301. CODIFICATION OF PORTS AND WATERWAYS SAFETY ACT.

  (a) Codification.--Subtitle VII of title 46, United States Code, is 
amended by inserting before chapter 701 the following:

               ``CHAPTER 700--PORTS AND WATERWAYS SAFETY

                    ``subchapter a--vessel operations

``Sec.
``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 A--VESSEL OPERATIONS

``Sec. 70001. Vessel traffic services

  ``(a) Subject to the requirements of section 70004, the Secretary--
          ``(1) in any port or place under the jurisdiction of the 
        United States, in the navigable waters of the United States, or 
        in any area covered by an international agreement negotiated 
        pursuant to section 70005, may construct, operate, maintain, 
        improve, or expand vessel traffic services, that consist of 
        measures for controlling or supervising vessel traffic or for 
        protecting navigation and the marine environment and that may 
        include one or more of reporting and operating requirements, 
        surveillance and communications systems, routing systems, and 
        fairways;
          ``(2) shall require appropriate vessels that operate in an 
        area of a vessel traffic service to utilize or comply with that 
        service;
          ``(3)(A) may require vessels to install and use specified 
        navigation equipment, communications equipment, electronic 
        relative motion analyzer equipment, or any electronic or other 
        device necessary to comply with a vessel traffic service or 
        that is necessary in the interests of vessel safety.
          ``(B) Notwithstanding subparagraph (A), the Secretary shall 
        not require fishing vessels under 300 gross tons as measured 
        under section 14502, or an alternate tonnage measured under 
        section 14302 as prescribed by the Secretary under section 
        14104, or recreational vessels 65 feet or less to possess or 
        use the equipment or devices required by this subsection solely 
        under the authority of this chapter;
          ``(4) may control vessel traffic in areas subject to the 
        jurisdiction of the United States that the Secretary determines 
        to be hazardous, or under conditions of reduced visibility, 
        adverse weather, vessel congestion, or other hazardous 
        circumstances, by--
                  ``(A) specifying times of entry, movement, or 
                departure;
                  ``(B) establishing vessel traffic routing schemes;
                  ``(C) establishing vessel size, speed, or draft 
                limitations and vessel operating conditions; and
                  ``(D) restricting operation, in any hazardous area or 
                under hazardous conditions, to vessels that have 
                particular operating characteristics or capabilities 
                that the Secretary considers necessary for safe 
                operation under the circumstances;
          ``(5) may require the receipt of prearrival messages from any 
        vessel, destined for a port or place subject to the 
        jurisdiction of the United States, in sufficient time to permit 
        advance vessel traffic planning before port entry, which shall 
        include any information that is not already a matter of record 
        and that the Secretary determines necessary for the control of 
        the vessel and the safety of the port or the marine 
        environment; and
          ``(6) may prohibit the use on vessels of electronic or other 
        devices that interfere with communication and navigation 
        equipment, except that such authority shall not apply to 
        electronic or other devices certified to transmit in the 
        maritime services by the Federal Communications Commission and 
        used within the frequency bands 157.1875-157.4375 MHz and 
        161.7875-162.0375 MHz.
  ``(b) Cooperative Agreements.--
          ``(1) In general.--The Secretary may enter into cooperative 
        agreements with public or private agencies, authorities, 
        associations, institutions, corporations, organizations, or 
        other persons to carry out the functions under subsection 
        (a)(1).
          ``(2) Limitation.--
                  ``(A) A nongovernmental entity may not under this 
                subsection carry out an inherently governmental 
                function.
                  ``(B) As used in this paragraph, the term `inherently 
                governmental function' means any activity that is so 
                intimately related to the public interest as to mandate 
                performance by an officer or employee of the Federal 
                Government, including an activity that requires either 
                the exercise of discretion in applying the authority of 
                the Government or the use of judgment in making a 
                decision for the Government.
  ``(c) Limitation of Liability for Coast Guard Vessel Traffic Service 
Pilots and Non-Federal Vessel Traffic Service Operators.--
          ``(1) Coast guard vessel traffic service pilots.--Any pilot, 
        acting in the course and scope of his or her duties while at a 
        Coast Guard Vessel Traffic Service, who provides information, 
        advice, or communication assistance while under the supervision 
        of a Coast Guard officer, member, or employee shall not be 
        liable for damages caused by or related to such assistance 
        unless the acts or omissions of such pilot constitute gross 
        negligence or willful misconduct.
          ``(2) Non-federal vessel traffic service operators.--An 
        entity operating a non-Federal vessel traffic information 
        service or advisory service pursuant to a duly executed written 
        agreement with the Coast Guard, and any pilot acting on behalf 
        of such entity, is not liable for damages caused by or related 
        to information, advice, or communication assistance provided by 
        such entity or pilot while so operating or acting unless the 
        acts or omissions of such entity or pilot constitute gross 
        negligence or willful misconduct.

``Sec. 70002. Special powers

  ``The Secretary may order any vessel, in a port or place subject to 
the jurisdiction of the United States or in the navigable waters of the 
United States, to operate or anchor in a manner the Secretary directs 
if--
          ``(1) the Secretary has reasonable cause to believe such 
        vessel does not comply with any regulation issued under this 
        chapter or any other applicable law or treaty;
          ``(2) the Secretary determines such vessel does not satisfy 
        the conditions for port entry set forth in section 70021 of 
        this title; or
          ``(3) by reason of weather, visibility, sea conditions, port 
        congestion, other hazardous circumstances, or the condition of 
        such vessel, the Secretary is satisfied such direction is 
        justified in the interest of safety.

``Sec. 70003. Port access routes

  ``(a) Authority To Designate.--Except as provided in subsection (b) 
and subject to the requirements of subsection (c), in order to provide 
safe access routes for the movement of vessel traffic proceeding to or 
from ports or places subject to the jurisdiction of the United States, 
the Secretary shall designate necessary fairways and traffic separation 
schemes for vessels operating in the territorial sea of the United 
States and in high seas approaches, outside the territorial sea, to 
such ports or places. Such a designation shall recognize, within the 
designated area, the paramount right of navigation over all other uses.
  ``(b) Limitation.--
          ``(1) In general.--No designation may be made by the 
        Secretary under this section if--
                  ``(A) the Secretary determines such a designation, as 
                implemented, would deprive any person of the effective 
                exercise of a right granted by a lease or permit 
                executed or issued under other applicable provisions of 
                law; and
                  ``(B) such right has became vested before the time of 
                publication of the notice required by paragraph (1) of 
                subsection (c).
          ``(2) Consultation required.--The Secretary shall make the 
        determination under paragraph (1)(A) after consultation with 
        the head of the agency responsible for executing the lease or 
        issuing the permit.
  ``(c) Consideration of Other Uses.--Before making a designation under 
subsection (a), and in accordance with the requirements of section 
70004, the Secretary shall--
          ``(1) undertake a study of the potential traffic density and 
        the need for safe access routes for vessels in any area for 
        which fairways or traffic separation schemes are proposed or 
        that may otherwise be considered and publish notice of such 
        undertaking in the Federal Register;
          ``(2) in consultation with the Secretary of State, the 
        Secretary of the Interior, the Secretary of Commerce, the 
        Secretary of the Army, and the Governors of affected States, as 
        their responsibilities may require, take into account all other 
        uses of the area under consideration, including, as 
        appropriate, the exploration for, or exploitation of, oil, gas, 
        or other mineral resources, the construction or operation of 
        deepwater ports or other structures on or above the seabed or 
        subsoil of the submerged lands or the Outer Continental Shelf 
        of the United States, the establishment or operation of marine 
        or estuarine sanctuaries, and activities involving recreational 
        or commercial fishing; and
          ``(3) to the extent practicable, reconcile the need for safe 
        access routes with the needs of all other reasonable uses of 
        the area involved.
  ``(d) Study.--In carrying out the Secretary's responsibilities under 
subsection (c), the Secretary shall--
          ``(1) proceed expeditiously to complete any study undertaken; 
        and
          ``(2) after completion of such a study, promptly--
                  ``(A) issue a notice of proposed rulemaking for the 
                designation contemplated; or
                  ``(B) publish in the Federal Register a notice that 
                no designation is contemplated as a result of the study 
                and the reason for such determination.
  ``(e) Implementation of Designation.--In connection with a 
designation made under this section, the Secretary--
          ``(1) shall issue reasonable rules and regulations governing 
        the use of such designated areas, including rules and 
        regulations regarding the applicability of rules 9 and 10 of 
        the International Regulations for Preventing Collisions at Sea, 
        1972, relating to narrow channels and traffic separation 
        schemes, respectively, in waters where such regulations apply;
          ``(2) to the extent that the Secretary finds reasonable and 
        necessary to effectuate the purposes of the designation, make 
        the use of designated fairways and traffic separation schemes 
        mandatory for specific types and sizes of vessels, foreign and 
        domestic, operating in the territorial sea of the United States 
        and for specific types and sizes of vessels of the United 
        States operating on the high seas beyond the territorial sea of 
        the United States;
          ``(3) may, from time to time, as necessary, adjust the 
        location or limits of designated fairways or traffic separation 
        schemes in order to accommodate the needs of other uses that 
        cannot be reasonably accommodated otherwise, except that such 
        an adjustment may not, in the judgment of the Secretary, 
        unacceptably adversely affect the purpose for which the 
        existing designation was made and the need for which continues; 
        and
          ``(4) shall, through appropriate channels--
                  ``(A) notify cognizant international organizations of 
                any designation, or adjustment thereof; and
                  ``(B) take action to seek the cooperation of foreign 
                States in making it mandatory for vessels under their 
                control to use, to the same extent as required by the 
                Secretary for vessels of the United States, any fairway 
                or traffic separation scheme designated under this 
                section in any area of the high seas.

``Sec. 70004. Considerations by Secretary

  ``In carrying out the duties of the Secretary under sections 70001, 
70002, and 70003, the Secretary shall--
          ``(1) take into account all relevant factors concerning 
        navigation and vessel safety, protection of the marine 
        environment, and the safety and security of United States ports 
        and waterways, including--
                  ``(A) the scope and degree of the risk or hazard 
                involved;
                  ``(B) vessel traffic characteristics and trends, 
                including traffic volume, the sizes and types of 
                vessels involved, potential interference with the flow 
                of commercial traffic, the presence of any unusual 
                cargoes, and other similar factors;
                  ``(C) port and waterway configurations and variations 
                in local conditions of geography, climate, and other 
                similar factors;
                  ``(D) the need for granting exemptions for the 
                installation and use of equipment or devices for use 
                with vessel traffic services for certain classes of 
                small vessels, such as self-propelled fishing vessels 
                and recreational vessels;
                  ``(E) the proximity of fishing grounds, oil and gas 
                drilling and production operations, or any other 
                potential or actual conflicting activity;
                  ``(F) environmental factors;
                  ``(G) economic impact and effects;
                  ``(H) existing vessel traffic services; and
                  ``(I) local practices and customs, including 
                voluntary arrangements and agreements within the 
                maritime community; and
          ``(2) at the earliest possible time, consult with and receive 
        and consider the views of representatives of the maritime 
        community, ports and harbor authorities or associations, 
        environmental groups, and other persons who may be affected by 
        the proposed actions.

``Sec. 70005. International agreements

  ``(a) Transmittal of Regulations.--The Secretary shall transmit, via 
the Secretary of State, to appropriate international bodies or forums, 
any regulations issued under this subchapter, for consideration as 
international standards.
  ``(b) Agreements.--The President is authorized and encouraged to--
          ``(1) enter into negotiations and conclude and execute 
        agreements with neighboring nations, to establish compatible 
        vessel standards and vessel traffic services, and to establish, 
        operate, and maintain international vessel traffic services, in 
        areas and under circumstances of mutual concern; and
          ``(2) enter into negotiations, through appropriate 
        international bodies, and conclude and execute agreements to 
        establish vessel traffic services in appropriate areas of the 
        high seas.
  ``(c) Operations.--The Secretary, pursuant to any agreement 
negotiated under subsection (b) that is binding upon the United States 
in accordance with constitutional requirements, may--
          ``(1) require vessels operating in an area of a vessel 
        traffic service to utilize or to comply with the vessel traffic 
        service, including the carrying or installation of equipment 
        and devices as necessary for the use of the service; and
          ``(2) waive, by order or regulation, the application of any 
        United States law or regulation concerning the design, 
        construction, operation, equipment, personnel qualifications, 
        and manning standards for vessels operating in waters over 
        which the United States exercises jurisdiction if such vessel 
        is not en route to or from a United States port or place, and 
        if vessels en route to or from a United States port or place 
        are accorded equivalent waivers of laws and regulations of the 
        neighboring nation, when operating in waters over which that 
        nation exercises jurisdiction.
  ``(d) Ship Reporting Systems.--The Secretary, in cooperation with the 
International Maritime Organization, may implement and enforce two 
mandatory ship reporting systems, consistent with international law, 
with respect to vessels subject to such reporting systems entering the 
following areas of the Atlantic Ocean:
          ``(1) Cape Cod Bay, Massachusetts Bay, and Great South 
        Channel (in the area generally bounded by a line starting from 
        a point on Cape Ann, Massachusetts at 42 deg. 39' N., 70 deg. 
        37' W; then northeast to 42 deg. 45' N., 70 deg. 13' W; then 
        southeast to 42 deg. 10' N., 68 deg. 31' W, then south to 41 
        deg. 00' N., 68 deg. 31' W; then west to 41 deg. 00' N., 69 
        deg. 17' W; then northeast to 42 deg. 05' N., 70 deg. 02' W, 
        then west to 42 deg. 04' N., 70 deg. 10' W; and then along the 
        Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay 
        back to the point on Cape Ann at 42 deg. 39' N., 70 deg. 37' 
        W).
          ``(2) In the coastal waters of the Southeastern United States 
        within about 25 nm along a 90 nm stretch of the Atlantic 
        seaboard (in an area generally extending from the shoreline 
        east to longitude 80 deg. 51.6' W with the southern and 
        northern boundary at latitudes 30 deg. 00' N., 31 deg. 27' N., 
        respectively).

               ``SUBCHAPTER B--PORTS AND WATERWAYS SAFETY

``Sec. 70011. Waterfront safety

  ``(a) In General.--The Secretary may take such action as is necessary 
to--
          ``(1) prevent damage to, or the destruction of, any bridge or 
        other structure on or in the navigable waters of the United 
        States, or any land structure or shore area immediately 
        adjacent to such waters; and
          ``(2) protect the navigable waters and the resources therein 
        from harm resulting from vessel or structure damage, 
        destruction, or loss.
  ``(b) Actions Authorized.--Actions authorized by subsection (a) 
include--
          ``(1) establishing procedures, measures, and standards for 
        the handling, loading, unloading, storage, stowage, and 
        movement on a structure (including the emergency removal, 
        control, and disposition) of explosives or other dangerous 
        articles and substances, including oil or hazardous material as 
        those terms are defined in section 2101;
          ``(2) prescribing minimum safety equipment requirements for a 
        structure to assure adequate protection from fire, explosion, 
        natural disaster, and other serious accidents or casualties;
          ``(3) establishing water or waterfront safety zones, or other 
        measures, for limited, controlled, or conditional access and 
        activity when necessary for the protection of any vessel, 
        structure, waters, or shore area; and
          ``(4) establishing procedures for examination to assure 
        compliance with the requirements prescribed under this section.
  ``(c) State Law.--Nothing in this section, with respect to 
structures, prohibits a State or political subdivision thereof from 
prescribing higher safety equipment requirements or safety standards 
than those that may be prescribed by regulations under this section.

``Sec. 70012. Navigational hazards

  ``(a) Reporting Procedure.--The Secretary shall establish a program 
to encourage fishermen and other vessel operators to report potential 
or existing navigational hazards involving pipelines to the Secretary 
through Coast Guard field offices.
  ``(b) Secretary's Response.--
          ``(1) Notification by the operator of a pipeline.--Upon 
        notification by the operator of a pipeline of a hazard to 
        navigation with respect to that pipeline, the Secretary shall 
        immediately notify Coast Guard headquarters, the Pipeline and 
        Hazardous Materials Safety Administration, other affected 
        Federal and State agencies, and vessel owners and operators in 
        the pipeline's vicinity.
          ``(2) Notification by other persons.--Upon notification by 
        any other person of a hazard or potential hazard to navigation 
        with respect to a pipeline, the Secretary shall promptly 
        determine whether a hazard exists, and if so shall immediately 
        notify Coast Guard headquarters, the Pipeline and Hazardous 
        Materials Safety Administration, other affected Federal and 
        State agencies, vessel owners and operators in the pipeline's 
        vicinity, and the owner and operator of the pipeline.
  ``(c) Pipeline Defined.--For purposes of this section, the term 
`pipeline' has the meaning given the term `pipeline facility' in 
section 60101(a)(18) of title 49.

``Sec. 70013. Requirement to notify Coast Guard of release of objects 
                    into the navigable waters of the United States

  ``(a) Requirement.--As soon as a person has knowledge of any release 
from a vessel or facility into the navigable waters of the United 
States of any object that creates an obstruction prohibited under 
section 10 of the Act of March 3, 1899, popularly known as the Rivers 
and Harbors Appropriations Act of 1899 (33 U.S.C. 403), such person 
shall notify the Secretary and the Secretary of the Army of such 
release.
  ``(b) Restriction on Use of Notification.--Any notification provided 
by an individual in accordance with subsection (a) may not be used 
against such individual in any criminal case, except a prosecution for 
perjury or for giving a false statement.

  ``SUBCHAPTER C--CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES

``Sec. 70021. Conditions for entry to ports in the United States

  ``(a) In General.--No vessel that is subject to chapter 37 shall 
operate in the navigable waters of the United States or transfer cargo 
or residue in any port or place under the jurisdiction of the United 
States, if such vessel--
          ``(1) has a history of accidents, pollution incidents, or 
        serious repair problems that, as determined by the Secretary, 
        creates reason to believe that such vessel may be unsafe or may 
        create a threat to the marine environment;
          ``(2) fails to comply with any applicable regulation issued 
        under this chapter, chapter 37, or any other applicable law or 
        treaty;
          ``(3) discharges oil or hazardous material in violation of 
        any law of the United States or in a manner or quantities 
        inconsistent with any treaty to which the United States is a 
        party;
          ``(4) does not comply with any applicable vessel traffic 
        service requirements;
          ``(5) is manned by one or more officers who are licensed by a 
        certificating State that the Secretary has determined, pursuant 
        to section 9101 of title 46, does not have standards for 
        licensing and certification of seafarers that are comparable to 
        or more stringent than United States standards or international 
        standards that are accepted by the United States;
          ``(6) is not manned in compliance with manning levels as 
        determined by the Secretary to be necessary to insure the safe 
        navigation of the vessel; or
          ``(7) while underway, does not have at least one licensed 
        deck officer on the navigation bridge who is capable of clearly 
        understanding English.
  ``(b) Exceptions.--
          ``(1) In general.--The Secretary may allow provisional entry 
        of a vessel that is not in compliance with subsection (a), if 
        the owner or operator of such vessel proves, to the 
        satisfaction of the Secretary, that such vessel is not unsafe 
        or a threat to the marine environment, and if such entry is 
        necessary for the safety of the vessel or persons aboard.
          ``(2) Provisions not applicable.--Paragraphs (1), (2), (3), 
        and (4) of subsection (a) of this section shall not apply to a 
        vessel allowed provisional entry under paragraph (1) if the 
        owner or operator of such vessel proves, to the satisfaction of 
        the Secretary, that such vessel is no longer unsafe or a threat 
        to the marine environment, and is no longer in violation of any 
        applicable law, treaty, regulation or condition, as 
        appropriate.

 ``SUBCHAPTER D--DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY 
                         POWERS, APPLICABILITY

``Sec. 70031. Definitions

  ``As used in this chapter, unless the context otherwise requires:
          ``(1) The term `marine environment' means--
                  ``(A) the navigable waters of the United States and 
                the land and resources therein and thereunder;
                  ``(B) the waters and fishery resources of any area 
                over which the United States asserts exclusive fishery 
                management authority;
                  ``(C) the seabed and subsoil of the Outer Continental 
                Shelf of the United States, the resources thereof, and 
                the waters superjacent thereto; and
                  ``(D) the recreational, economic, and scenic values 
                of such waters and resources.
          ``(2) The term `Secretary' means the Secretary of the 
        department in which the Coast Guard is operating, except that 
        such term means the Secretary of Transportation with respect to 
        the application of this chapter to the Saint Lawrence Seaway.
          ``(3) The term `navigable waters of the United States' 
        includes all waters of the territorial sea of the United States 
        as described in Presidential Proclamation No. 5928 of December 
        27, 1988.

``Sec. 70032. Saint Lawrence Seaway

  ``The authority granted to the Secretary under sections 70001, 70002, 
70003, 7004, 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 this chapter shall be delegated by the Secretary to the Saint 
Lawrence Seaway Development Corporation to the extent the Secretary 
determines such delegation is necessary for the proper operation of the 
Saint Lawrence Seaway.

``Sec. 70033. Limitation on application to foreign vessels

  ``Except pursuant to international treaty, convention, or agreement, 
to which the United States is a party, this chapter shall not apply to 
any foreign vessel that is not destined for, or departing from, a port 
or place subject to the jurisdiction of the United States and that is 
in--
          ``(1) innocent passage through the territorial sea of the 
        United States; or
          ``(2) transit through the navigable waters of the United 
        States that form a part of an international strait.

``Sec. 70034. Regulations

  ``(a) In General.--In accordance with section 553 of title 5, the 
Secretary shall issue, and may from time to time amend or repeal, 
regulations necessary to implement this chapter.
  ``(b) Consultation.--In the exercise of the regulatory authority 
under this chapter, the Secretary shall consult with, and receive and 
consider the views of all interested persons, including--
          ``(1) interested Federal departments and agencies;
          ``(2) officials of State and local governments;
          ``(3) representatives of the maritime community;
          ``(4) representatives of port and harbor authorities or 
        associations;
          ``(5) representatives of environmental groups;
          ``(6) any other interested persons who are knowledgeable or 
        experienced in dealing with problems involving vessel safety, 
        port and waterways safety, and protection of the marine 
        environment; and
          ``(7) advisory committees consisting of all interested 
        segments of the public when the establishment of such 
        committees is considered necessary because the issues involved 
        are highly complex or controversial.

``Sec. 70035. Investigatory powers

  ``(a) Secretary.--The Secretary may investigate any incident, 
accident, or act involving the loss or destruction of, or damage to, 
any structure subject to this chapter, or that affects or may affect 
the safety or environmental quality of the ports, harbors, or navigable 
waters of the United States.
  ``(b) Powers.--In an investigation under this section, the Secretary 
may issue subpoenas to require the attendance of witnesses and the 
production of documents or other evidence relating to such incident, 
accident, or act. If any person refuses to obey a subpoena, the 
Secretary may request the Attorney General to invoke the aid of the 
appropriate district court of the United States to compel compliance 
with the subpoena. Any district court of the United States may, in the 
case of refusal to obey a subpoena, issue an order requiring compliance 
with the subpoena, and failure to obey the order may be punished by the 
court as contempt. Witnesses may be paid fees for travel and attendance 
at rates not exceeding those allowed in a district court of the United 
States.

``Sec. 70036. Enforcement

  ``(a) Civil Penalty.--
          ``(1) In general.--Any person who is found by the Secretary, 
        after notice and an opportunity for a hearing, to have violated 
        this chapter or a regulation issued under this chapter shall be 
        liable to the United States for a civil penalty, not to exceed 
        $25,000 for each violation. Each day of a continuing violation 
        shall constitute a separate violation. The amount of such civil 
        penalty shall be assessed by the Secretary, or the Secretary's 
        designee, by written notice. In determining the amount of such 
        penalty, the Secretary shall take into account the nature, 
        circumstances, extent, and gravity of the prohibited acts 
        committed and, with respect to the violator, the degree of 
        culpability, any history of prior offenses, ability to pay, and 
        such other matters as justice may require.
          ``(2) Compromise, modification, or remission.--The Secretary 
        may compromise, modify, or remit, with or without conditions, 
        any civil penalty that is subject to imposition or that has 
        been imposed under this section.
          ``(3) Failure to pay penalty.--If any person fails to pay an 
        assessment of a civil penalty after it has become final, the 
        Secretary may refer the matter to the Attorney General of the 
        United States, for collection in any appropriate district court 
        of the United States.
  ``(b) Criminal Penalty.--
          ``(1) Class d felony.--Any person who willfully and knowingly 
        violates this chapter or any regulation issued hereunder 
        commits a class D felony.
          ``(2) Class c felony.--Any person who, in the willful and 
        knowing violation of this chapter or of any regulation issued 
        under this chapter, 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 
        this chapter or the regulations issued under this chapter, 
        commits a class C felony.
  ``(c) In Rem Liability.--Any vessel that is used in violation of this 
chapter, or any regulations issued under this chapter, 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 this chapter or of regulations 
issued under this chapter, 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 this chapter or 
the regulations issued under this chapter--
          ``(1) into the navigable waters of the United States; or
          ``(2) to any port or place under the jurisdiction of the 
        United States.
  ``(f) Withholding of Clearance.--
          ``(1) In general.--If any owner, operator, or individual in 
        charge of a vessel is liable for a penalty or fine under this 
        section, or if reasonable cause exists to believe that the 
        owner, operator, or individual in charge may be subject to a 
        penalty or fine under this section, the Secretary of the 
        Treasury, upon the request of the Secretary, shall with respect 
        to such vessel refuse or revoke any clearance required by 
        section 60105 of title 46.
          ``(2) Granting clearance refused or revoked.--Clearance 
        refused or revoked under this subsection may be granted upon 
        filing of a bond or other surety satisfactory to the 
        Secretary.''.
  (b) Clerical Amendment.--The analysis at the beginning of such 
subtitle is amended by inserting before the item relating to chapter 
701 the following:

``700. Ports and Waterways Safety...........................  70001.''.

SEC. 302. CONFORMING AMENDMENTS.

  (a) Electronic Charts.--
          (1) Transfer of provision.--Section 4A of the Ports and 
        Waterways Safety Act (33 U.S.C. 1223a)--
                  (A) is redesignated as section 3105 of title 46, 
                United States Code, and transferred to appear after 
                section 3104 of that title; and
                  (B) is amended by striking subsection (b) and 
                inserting the following:
  ``(b) Limitation on Application.--Except pursuant to an international 
treaty, convention, or agreement, to which the United States is a 
party, this section shall not apply to any foreign vessel that is not 
destined for, or departing from, a port or place subject to the 
jurisdiction of the United States and that is in--
          ``(1) innocent passage through the territorial sea of the 
        United States; or
          ``(2) transit through the navigable waters of the United 
        States that form a part of an international strait.''.
          (2) Clerical amendment.--The analysis at the beginning of 
        chapter 31 of such title is amended by adding at the end the 
        following:

``3105. Electronic charts.''.

  (b) Port, Harbor, and Coastal Facility Security.--
          (1) Transfer of provisions.--So much of section 7 of the 
        Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes 
        subsection (c) of that section is redesignated as section 
        70102a of title 46, United States Code, and transferred so as 
        to appear after section 70102 of that title.
          (2) 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.''.
          (3) Clerical amendment.--The analysis at the beginning of 
        chapter 701 of such title is amended by inserting after the 
        item relating to section 70102 the following:

``70102a. Port, harbor, and coastal facility security.''.

  (c) Nondisclosure of Port Security Plans.--Subsection (c) of section 
7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), as so 
designated before the application of subsection (b)(1) of this 
section--
          (1) is redesignated as subsection (f) of section 70103 of 
        title 46, United States Code, and transferred so as to appear 
        after subsection (e) of such section; and
          (2) is amended by striking ``this Act'' and inserting ``this 
        chapter''.
  (d) Repeal.--Section 2307 of title 46, United States Code, and the 
item relating to that section in the analysis at the beginning of 
chapter 23 of that title, are repealed.
  (e) Repeal.--The Ports and Waterways Safety Act (33 U.S.C. 1221 et 
seq.), as amended by this Act, is repealed.

SEC. 303. 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 302.
  (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. 304. 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.

SEC. 305. ADVISORY COMMITTEE: REPEAL.

  Section 18 of the Coast Guard Authorization Act of 1991 (Public Law 
102-241; 105 Stat. 2213) is repealed.

                TITLE IV--MARITIME TRANSPORTATION SAFETY

SEC. 401. 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'' and 
        inserting ``a''; and
          (2) in subsection (b), by amending paragraph (3) to read as 
        follows:
          ``(3) Each illness of, and injury to, a seaman of the vessel, 
        the nature of the illness or injury, and the medical treatment 
        provided for the injury or illness.''.
  (b) Technical Amendment.--Section 11304(b) is amended by striking 
``log book'' and inserting ``logbook''.

SEC. 402. TECHNICAL CORRECTIONS: LICENSES, CERTIFICATIONS 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. 403. 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. 404. DRAWBRIDGE DEVIATION EXEMPTION.

  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 new 
subsection:
  ``(d) Exemption.--
          ``(1) In general.--A change to a schedule that governs the 
        opening of a drawbridge that will be in effect for less than 6 
        months shall not be subject to the rule making requirements of 
        section 553 of title 5, United States Code.
          ``(2) Alternate requirements.--
                  ``(A) Duties of secretary.--The Secretary of the 
                department in which the Coast Guard is operating shall 
                provide notice of each such change through--
                          ``(i) a local notice to mariners;
                          ``(ii) a Coast Guard broadcast notice to 
                        mariners; or
                          ``(iii) another method of notice that the 
                        Secretary considers appropriate.
                  ``(B) Owner and operator duties.--With respect to any 
                drawbridge other than a railroad drawbridge, the owner 
                or operator of such drawbridge shall provide notice of 
                such a change to--
                          ``(i) the general public, through publication 
                        in a newspaper of general circulation;
                          ``(ii) the Department of Transportation or 
                        other public agency with administrative 
                        jurisdiction over the roadway that abuts the 
                        approach to such bridge; and
                          ``(iii) the law enforcement organization with 
                        jurisdiction over the roadway that abuts the 
                        approach to such bridge.''.

SEC. 405. DEADLINE FOR COMPLIANCE WITH ALTERNATE SAFETY COMPLIANCE 
                    PROGRAMS.

  (a) Deadline.--Section 4503(d) of title 46, United States Code, is 
amended by striking so much as precedes paragraph (3) and inserting the 
following:
  ``(d)(1) The Secretary, in cooperation with the commercial fishing 
industry, may prescribe an alternative safety compliance program that 
shall apply in lieu of requirements under section 4502(b), for any 
category of fishing vessels, fish processing vessels, or fish tender 
vessels that are--
          ``(A) at least 50 feet overall in length;
          ``(B) built before July 1, 2013; and
          ``(C) 25 years of age or older.
  ``(2) An alternative safety compliance program prescribed under 
paragraph (1) shall apply to a vessel--
          ``(A) except as provided in subparagraph (B), after the later 
        of January 1, 2020, or the end of the 3-year period beginning 
        on the date on which the Secretary prescribes the program; and
          ``(B) in the case of a vessel that undergoes a major 
        conversion completed after the later of July 1, 2013, or the 
        date the Secretary establishes standards for the alternate 
        safety compliance program, upon the completion of such 
        conversion.''.
  (b) Conforming Amendment.--Section 4502(b) of title 46, United States 
Code, is amended by inserting ``and subject to section 4503(d),'' after 
``In addition to the requirements of subsection (a) of this section,''.

SEC. 406. AUTHORIZATION FOR MARINE DEBRIS PROGRAM.

  The Marine Debris Research, Prevention, and Reduction Act is 
amended--
          (1) in section 9 (33 U.S.C. 1958)--
                  (A) by striking the em-dash and all that follows 
                through ``(1)''; and
                  (B) by striking ``; and'' and all that follows 
                through the end of the section and inserting a period; 
                and
          (2) by adding at the end the following:

``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  ``Of the amounts authorized for each fiscal year under section 
2702(1) of title 14, United States Code, up to $2,000,000 are 
authorized for the Commandant to carry out section 4 of this Act, of 
which not more than 10 percent may be used for administrative costs.''.

SEC. 407. ALTERNATIVE DISTRESS SIGNALS.

  (a) Performance Standard.--Not later than one year after the date of 
the enactment of this Act, the Secretary of the department in which the 
Coast Guard is operating shall issue a rule that establishes a 
performance standard for distress signals, including for maritime 
visual distress signals, that may be used as an alternative to the 
distress signals required by section 175.110 of title 33, Code of 
Federal Regulations..
  (b) Authorization of Use.--Not later than 180 days after the date of 
the issuance of a rule under subsection (a), the Secretary shall issue 
a rule amending part 175 of title 33, Code of Federal Regulations, to 
authorize use of distress signals in accordance with such performance 
standard.

SEC. 408. 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. 409. 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. 410. CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL VESSELS.

  Section 12114 of title 46, United States Code, is amended by adding 
at the end the following:
  ``(d) Effective Period.--A recreational endorsement for a vessel--
          ``(1) except as provided in paragraph (3), shall be effective 
        for 5 years;
          ``(2) shall require the owner of the vessel to notify the 
        Coast Guard of each change in the information on which the 
        issuance of the certificate of documentation is based that 
        occurs before the expiration of the certificate under this 
        subsection, by not later than 30 days after such change; and
          ``(3) 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.
  ``(e) 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.
  ``(f) Authority.--
          ``(1) Requirement.--The Secretary shall assess and collect a 
        fee for the issuance or renewal of a recreational endorsement, 
        that is equivalent to the fee established for the issuance or 
        renewal, respectively, of a fishery endorsement pursuant to 
        section 2110.
          ``(2) Treatment.--Fees collected under this subsection--
                  ``(A) shall be credited to the account from which the 
                costs of such issuance or renewal were paid; and
                  ``(B) may remain available until expended.''.

SEC. 411. BACKUP GLOBAL POSITIONING SYSTEM.

  (a) In General.--Subtitle VIII of title 46, United States Code, is 
amended by adding at the end the following:

            ``CHAPTER 807--POSITION, NAVIGATION, AND TIMING

``Sec.
``80701. Land-based complementary and backup positioning, navigation, 
and timing system.

``Sec. 80701. Land-based complementary and backup positioning, 
                    navigation, and timing system

  ``(a) eLORAN.--Subject to the availability of appropriations, the 
Secretary shall provide for the establishment, sustainment, and 
operation of a reliable land-based enhanced LORAN, or eLORAN, 
positioning, navigation, and timing system.
  ``(b) Purpose.--The purpose of the system established under 
subsection (a) is to provide a complement to, and backup for, the 
Global Positioning System (in this section referred to as `GPS') to 
ensure the availability of uncorrupted and nondegraded positioning, 
navigation, and timing signals for military and civilian users in the 
event that GPS signals are corrupted, degraded, unreliable, or 
otherwise unavailable.
  ``(c) Requirements.--The system established under subsection (a) 
shall--
          ``(1) be wireless;
          ``(2) be terrestrial;
          ``(3) provide wide-area coverage;
          ``(4) transmit a precise, high-power 100 kilohertz signal and 
        meet the one microsecond accuracy requirement specified in the 
        Federal Radio Navigation Plan;
          ``(5) be synchronized with coordinated universal time;
          ``(6) be resilient and extremely difficult to disrupt or 
        degrade;
          ``(7) be able to penetrate underground and inside buildings;
          ``(8) be capable of deployment to remote locations;
          ``(9) take full advantage of the infrastructure of the 
        existing, unused Coast Guard long-range navigation system 
        (commonly known as `LORAN-C'), and subject to the concurrence 
        and agreement of other agencies, unused facilities associated 
        with the Ground Wave Emergency Network and Nationwide 
        Differential GPS systems;
          ``(10) utilize and leverage the capabilities of the entity 
        for development, building, and operation of the system;
          ``(11) function in an interoperable and complementary manner 
        with other similar positioning, navigation, and timing systems;
          ``(12) be made available by the Secretary for use by other 
        Federal agencies for public purposes at no cost; and
          ``(13) incorporate such other requirements determined 
        necessary by the Secretary with respect to such agencies.
  ``(d) Request for Proposals.--
          ``(1) In general.--Under authority granted by section 
        93(a)(25) of title 14, United States Code, and not later than 
        three months after the date of enactment of this section, the 
        Secretary shall publish a request for proposals by non-Federal 
        persons for the development, building, and operation of the 
        system described in subsection (c).
          ``(2) Elements.--Proposals submitted under this subsection 
        shall include, at a minimum--
                  ``(A) an eLORAN system architecture; and
                  ``(B) a timetable for the delivery of--
                          ``(i) a nationwide backup timing signal not 
                        later than two years after the last date on 
                        which proposals are accepted under the request 
                        published under paragraph (1); and
                          ``(ii) a nationwide position and navigation 
                        signal not later than three years after such 
                        date.
  ``(e) Selection.--Using competitive procedures similar to those 
authorized under section 2667 of title 10, the Secretary may select a 
proposal from proposals received in response to the request for 
proposals under subsection (d).
  ``(f) Agreement.--
          ``(1) In general.--The Secretary may enter into a cooperative 
        agreement (as that term is used in section 6305 of title 31) 
        with an entity upon such terms as the Secretary determines will 
        carry out the purpose of the system under subsection (b).
          ``(2) Content.--An agreement under this subsection shall--
                  ``(A) require the Secretary to provide the entity--
                          ``(i) access to existing infrastructure and 
                        facilities described in subsection (c)(9) and 
                        provided as Government-furnished property (as 
                        that term is defined in section 45.101 of the 
                        Federal Acquisition Regulation, as in effect on 
                        the date of the enactment of the Coast Guard 
                        Authorization Act of 2017), for a minimum of 20 
                        years;
                          ``(ii) full use of the necessary 
                        electromagnetic spectrum wavelength associated 
                        with the LORAN-C system for use by the system 
                        required under subsection (a) and provided as 
                        such Government-furnished property; and
                          ``(iii) approval for the reconstruction of 
                        towers that are part of the infrastructure 
                        described in subsection (c)(9);
                  ``(B) specify that all necessary capital expenditures 
                be made by the entity;
                  ``(C) set performance standards for the signals 
                transmitted by the system;
                  ``(D) require the Secretary to monitor and ensure the 
                signals transmitted by the system conform to the 
                performance standards of the agreement and are safe for 
                use;
                  ``(E) set the terms under which the Secretary has 
                access to such signals;
                  ``(F) subject to any national security requirements 
                established by the Secretary of Defense and so long as 
                activities described in clauses (i) and (ii) of 
                subsection (B) do not interfere with the primary 
                purpose of providing positioning, navigation, and 
                timing services, allow the entity to--
                          ``(i) market, promote, and sell eLORAN 
                        positioning, navigation, and timing services to 
                        commercial and noncommercial third parties; and
                          ``(ii) generate revenue from such sale to 
                        non-Federal third parties of communications and 
                        other related services that result from the use 
                        of Government facilities and spectrum provided 
                        under this paragraph;
                  ``(G) require the entity pay to the United States a 
                portion of revenue received by the entity under 
                subparagraph (F);
                  ``(H) require the entity to assume all financial risk 
                for the completion and operational capability of the 
                eLORAN system and may require a performance bond from 
                the entity to guarantee that risk;
                  ``(I) require the entity to assist international 
                organizations and foreign governments on issues related 
                to eLORAN and similar systems; and
                  ``(J) include such other terms and conditions as the 
                Secretary determines to be necessary to carry out the 
                purposes of this section.
          ``(3) Revenue sharing requirement.--
                  ``(A) In general.--The requirement under paragraph 
                (2)(G) shall require the entity to pay to the United 
                States an equitable share of the revenue generated by 
                the entity under paragraph (2)(F), in the fiscal year 
                following the fiscal year in which such revenue is 
                generated.
                  ``(B) Amount.--The amount of such payments shall take 
                into account--
                          ``(i) the capital investment by the entity to 
                        build the system and annual costs incurred by 
                        the entity to operate and maintain the system; 
                        and
                          ``(ii) the capital and operating expenses 
                        incurred by the entity to upgrade the eLORAN 
                        system and related systems over the effective 
                        period of the agreement.
          ``(4) Effective date of risk requirement.--The requirement in 
        paragraph (2)(H) shall be contingent upon, and take effect 
        upon, the Secretary determining that the requirements under 
        paragraph (2)(A) have been fulfilled.
  ``(g) CERCLA Not Affected.--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)) for Federal Government facilities described 
in subsection (c)(9).
  ``(h) Biennial Report to Congress.--Not later than one year after the 
date on which an agreement with an entity is entered into under 
subsection (f), and biennially thereafter, the Secretary shall provide 
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 report on the performance and progress of the entity 
        in fulfilling its obligations under the agreement to build, 
        operate and maintain the system established under subsection 
        (a); and
          ``(2) an accounting of finances, expenses, and revenue 
        associated with such performance, including payments made to 
        the Secretary under section (f)(3).
  ``(i) Definitions.--In this section:
          ``(1) The term `entity' means a non-Federal entity whose 
        proposal is selected under subsection (e).
          ``(2) The term `Secretary' means the Secretary of 
        Transportation, acting through the Commandant of the Coast 
        Guard.''.
  (b) Clerical Amendment.--The analysis for subtitle VIII of title 46, 
United States Code, is amended by adding after the item relating to 
chapter 805 the following:

``807. Position, navigation, and timing.....................  80701.''.

  (c) Implementation Plan.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary, as that term is defined in 
the amendments made by this section, shall provide to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate, a 
plan to ensure that the system required under such amendments is fully 
operational by not later than 3 years after such date of enactment.

SEC. 412. 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. 413. UNINSPECTED PASSENGER VESSELS IN ST. LOUIS COUNTY, MINNESOTA.

  Section 4105 of title 46, United States Code, is 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(42).''.

SEC. 414. ENGINE CUT-OFF SWITCH REQUIREMENTS.

  (a) Installation Requirement.--
          (1) In general.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary of the department in which 
        the Coast Guard is operating shall issue a regulation amending 
        part 183 of title 33, Code of Federal Regulations, that 
        requires associated equipment manufacturers, distributors, and 
        dealers installing propulsion machinery and associated starting 
        controls on a recreational vessel less than 26 feet overall in 
        length and capable of developing at least 115 pounds of static 
        thrust or 3 horsepower to install an engine cut-off switch in 
        compliance with American Boat and Yacht Standard A-33.
          (2) Effective date.--The regulation shall take effect at the 
        end of the 1-year period beginning on the date of the issuance 
        of such regulation.
  (b) Definitions.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of the department in which the 
Coast Guard is operating shall issue a regulation amending part 175 and 
part 183 of title 33, Code of Federal Regulations, that--
          (1) defines the term ``engine cut-off switch'' for purposes 
        of that part to mean a mechanical or electronic device that is 
        connected to propulsion machinery of a recreational vessel less 
        than 26 feet overall in length that will stop propulsion if--
                  (A) the switch is not properly connected to the 
                propulsion machinery; or
                  (B) the switch components are--
                          (i) submerged in water; or
                          (ii) separated from the propulsion machinery 
                        by a predetermined distance; and
          (2) defines the term ``engine cut-off switch link'' for 
        purposes of that part to mean equipment that--
                  (A) is attached to as recreational vessel operator; 
                and
                  (B) activates the engine cut-off switch.
  (c) Education on Cut-Off Switches.--The Commandant of the Coast 
Guard, through the National Boating Safety Advisory Council established 
under section 13110 of title 46, United States Code, may initiate a 
boating safety program on the use and benefits of cut-off switches for 
recreational vessels.

SEC. 415. ANALYSIS OF COMMERCIAL FISHING VESSEL CLASSIFICATION 
                    REQUIREMENTS.

  (a) Analysis.--Not later than 180 days after the date of the 
enactment of this 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 on the status of the implementation of the 
survey and classification requirements referred to in section 4503 of 
title 46, United States Code.
  (b) Contents.--The analysis required under subsection (a) shall 
include information on--
          (1) the average costs to vessel owners to comply with such 
        section; and
          (2) the impact such section is having on commercial fishing 
        vessel safety.

                         TITLE V--MISCELLANEOUS

SEC. 501. REPEAL.

  Subsection (h) of section 888 of the Homeland Security Act of 2002 (6 
U.S.C. 468) is repealed.

SEC. 502. REIMBURSEMENTS FOR NON-FEDERAL CONSTRUCTION COSTS OF CERTAIN 
                    AIDS TO NAVIGATION.

  (a) In General.--Subject to the availability of amounts specifically 
provided in advance in subsequent appropriations Acts and in accordance 
with this section, the Commandant of the Coast Guard may reimburse a 
non-Federal entity for costs incurred by the entity for a covered 
project.
  (b) Conditions.--The Commandant may not provide reimbursement under 
subsection (a) with respect to a covered project unless--
          (1) the need for the project is a result of the completion of 
        construction with respect to a federally authorized navigation 
        channel;
          (2) the Commandant determines, through an appropriate 
        navigation safety analysis, that the project is necessary to 
        ensure safe marine transportation;
          (3) the Commandant approves the design of the project to 
        ensure that it meets all applicable Coast Guard aids-to-
        navigation standards and requirements;
          (4) the non-Federal entity agrees to transfer the project 
        upon completion to the Coast Guard for operation and 
        maintenance by the Coast Guard as a Federal aid to navigation;
          (5) the non-Federal entity carries out the project in 
        accordance with the same laws and regulations that would apply 
        to the Coast Guard if the Coast Guard carried out the project, 
        including obtaining all permits required for the project under 
        Federal and State law; and
          (6) the Commandant determines that the project satisfies such 
        additional requirements as may be established by the 
        Commandant.
  (c) Limitations.--Reimbursements under subsection (a) may not exceed 
the following:
          (1) For a single covered project, $5,000,000.
          (2) For all covered projects in a single fiscal year, 
        $5,000,000.
  (d) Expiration.--The authority granted under this section shall 
expire on the date that is 4 years after the date of enactment of this 
section.
  (e) Covered Project Defined.--In this section, the term ``covered 
project'' means a project carried out 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).

SEC. 503. 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. 504. 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. 505. COAST GUARD MARITIME DOMAIN AWARENESS.

  (a) In General.--The Secretary of the department in which the Coast 
Guard is operating shall seek to enter into an arrangement with the 
National Academy of Sciences not later than 60 days after the date of 
the enactment of this Act under which the Academy shall prepare an 
assessment of available unmanned, autonomous, or remotely controlled 
maritime domain awareness technologies for use by the Coast Guard.
  (b) Assessment.--The assessment shall--
          (1) describe the potential limitations of current and 
        emerging unmanned technologies used in the maritime domain 
        for--
                  (A) ocean observation;
                  (B) vessel monitoring and identification;
                  (C) weather observation;
                  (D) to the extent practicable for consideration by 
                the Academy, intelligence gathering, surveillance, and 
                reconnaissance; and
                  (E) communications;
          (2) examine how technologies described in paragraph (1) can 
        help prioritize Federal investment by examining;
                  (A) affordability, including acquisition, operations, 
                and maintenance;
                  (B) reliability;
                  (C) versatility;
                  (D) efficiency; and
                  (E) estimated service life and persistence of effort; 
                and
          (3) analyze whether the use of new and emerging maritime 
        domain awareness technologies can be used to--
                  (A) carry out Coast Guard missions at lower costs;
                  (B) expand the scope and range of Coast Guard 
                maritime domain awareness;
                  (C) allow the Coast Guard to more efficiently and 
                effectively allocate Coast Guard vessels, aircraft, and 
                personnel; and
                  (D) identify adjustments that would be necessary in 
                Coast Guard policies, procedures, and protocols to 
                incorporate unmanned technologies to enhance 
                efficiency.
  (c) Report to Congress.--Not later than 1 year after entering into an 
agreement with the Secretary under subsection (a), National Academy of 
Science shall submit the assessment prepared under this section to the 
Committee on Transportation and Infrastructure 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. 506. 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. 507. OIL SPILL DISBURSEMENTS AUDITING AND REPORT.

   Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is 
amended--
          (1) by repealing subsection (g);
          (2) in subsection (l)(1), by striking ``Within one year after 
        the date of enactment of the Coast Guard Authorization Act of 
        2010, and annually thereafter,'' and inserting ``Each year, on 
        the date on which the President submits to Congress a budget 
        under section 1105 of title 31, United States Code,''; and
          (3) by amending subsection (l)(2) to read as follows:
          ``(2) Contents.--The report shall include--
                  ``(A) a list of each incident that--
                          ``(i) occurred in the preceding fiscal year; 
                        and
                          ``(ii) resulted in disbursements from the 
                        Fund, for removal costs and damages, totaling 
                        $500,000 or more;
                  ``(B) a list of each incident that--
                          ``(i) occurred in the fiscal year preceding 
                        the preceding fiscal year; and
                          ``(ii) resulted in disbursements from the 
                        Fund, for removal costs and damages, totaling 
                        $500,000 or more; and
                  ``(C) an accounting of any amounts reimbursed to the 
                Fund in the preceding fiscal year that were recovered 
                from a responsible party for an incident that resulted 
                in disbursements from the Fund, for removal costs and 
                damages, totaling $500,000 or more.''.

SEC. 508. LAND EXCHANGE, AYAKULIK ISLAND, ALASKA.

  (a) Land Exchange.--If the owner of Ayakulik Island, Alaska, offers 
to exchange the Island for the Tract--
          (1) within 30 days after receiving such offer, the Secretary 
        shall provide notice of the offer to the Commandant;
          (2) within 30 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; and
          (3) within 30 days after receiving the proposed operational 
        restrictions from the Commandant, the Secretary shall transmit 
        such restrictions to the owner of Ayakulik Island; and
          (4) within 30 days after transmitting the proposed 
        operational restrictions to the owner of Ayakulik Island, and 
        if the owner agrees to such restrictions, the Secretary shall 
        convey all right, title and interest of the United States in 
        and to the Tract to the owner, subject to an easement granted 
        to the Commandant to enforce such restrictions, in exchange for 
        all right, title and interest of such owner in and to Ayakulik 
        Island.
  (b) Boundary Revisions.--The Secretary may make technical and 
conforming revisions to the boundaries of the Tract before the date of 
the exchange.
  (c) Public Land Order.--Effective on the date of an exchange under 
subsection (a), Public Land Order 5550 shall have no force or effect 
with respect to submerged lands that are part of the Tract.
  (d) Failure to Timely Respond to Notice.--If the Commandant does not 
transmit proposed operational restrictions to the Secretary within 30 
days after receiving the notice under subsection (a)(1), the Secretary 
shall, by not later than 60 days after transmitting such notice, convey 
all right, title, and interest of the United States in and to the Tract 
to the owner of Ayakulik Island in exchange for all right, title, and 
interest of such owner in and to Ayakulik Island.
  (e) CERCLA Not Affected.--This section and an exchange under this 
section shall not be construed to limit the application of or otherwise 
affect section 120(h) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
  (f) Definitions.--In this section:
          (1) Commandant.--The term ``Commandant'' means the Secretary 
        of the department in which the Coast Guard is operating, acting 
        through the Commandant of the Coast Guard.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (3) Tract.--The term ``Tract'' means the land (including 
        submerged land) depicted as ``PROPOSED PROPERTY EXCHANGE AREA'' 
        on the survey titled ``PROPOSED PROPERTY EXCHANGE PARCEL'' and 
        dated 3/22/17.

SEC. 509. VESSEL RESPONSE PLANS IN THE ARCTIC.

  (a) Amendments to the Oil Pollution Act of 1990.--
          (1) In general.--Title V of the Oil Pollution Act of 1990 (33 
        U.S.C. 2731 et seq.) is amended by adding at the end the 
        following:

``SEC. 5009. VESSEL RESPONSE PLANS IN THE ARCTIC.

  ``The Secretary of the department in which the Coast Guard is 
operating may not approve a vessel response plan under section 
311(j)(5) of the Federal Water Pollution Control Act for a vessel 
operating in any area covered by the Captain of the Port Zone, as 
established by the Secretary, that includes the Arctic (as defined in 
section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 
4111)), unless the Secretary verifies that--
          ``(1) all equipment required to be available for response 
        under the plan has been tested and proven capable of operating 
        in the environment in which it is intended to be operated, as 
        determined by the Secretary; and
          ``(2) the oil spill removal organization identified in the 
        vessel response plan under section 311(j)(5) of the Federal 
        Water Pollution Control Act--
                  ``(A) has records of training for equipment 
                operators; and
                  ``(B) conducts a full equipment deployment exercise 
                in the area covered by the vessel response plan at 
                least once every 3 years, except that the Secretary may 
                waive a required full equipment deployment exercise, 
                upon request of the organization, if the organization 
                implemented the vessel response plan (including the 
                deployment of equipment and operators) during the 
                preceding 3 years in response to a discharge or 
                substantial threat of a discharge of oil.''.
          (2) Clerical amendment.--The table of contents in section 2 
        of the Oil Pollution Act of 1990 is amended by inserting after 
        the item relating to section 5007 the following:

``Sec. 5008. North Pacific Marine Research Institute.
``Sec. 5009. Vessel response plans in the Arctic.''.

  (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Commandant of the Coast Guard shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives a report on the oil spill prevention and response 
capabilities available for the area covered by the Captain of the Port 
Zone, as established by the Secretary, that includes the Arctic (as 
defined in section 112 of the Arctic Research and Policy Act of 1984 
(15 U.S.C. 4111)). The report shall include--
          (1) a description of equipment and assets available for 
        response under the vessel response plans approved for vessels 
        operating in the area covered by such Captain of the Port Zone;
          (2) a description of the locations of such equipment and 
        assets, including an estimate of the time necessary to deploy 
        such equipment and assets;
          (3) a determination regarding how effectively such equipment 
        and assets are distributed throughout such Captain of the Port 
        Zone;
          (4) a determination regarding whether the ability to deploy 
        such equipment and assets is taken into account when measuring 
        the equipment and assets available;
          (5) a validation of the port assessment visit process and a 
        verification of the response resource inventory; and
          (6) a description of the resources needed by the Coast Guard 
        to conduct port assessments, exercises, response plan review, 
        and spill responses in such Captain of the Port Zone.

SEC. 510. ASSESSMENT OF PUBLIC COMMENTS ON ADDITIONAL ANCHORAGES ON THE 
                    HUDSON RIVER.

  (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Commandant of the Coast Guard shall--
          (1) assess the public comments received by the Coast Guard on 
        proposals to establish additional anchorages on the Hudson 
        River between Yonkers, New York, and Kingston, New York; and
          (2) submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report on such assessment, including--
                  (A) a detailed summary of concerns raised in such 
                comments about the economic, safety, and environmental 
                impacts of such additional anchorages on the 
                communities bordering the Hudson River between Yonkers, 
                New York, and Kingston, New York, including impacts of 
                such anchorage grounds to sites listed on the National 
                Priorities List under the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9601 et seq.) and areas designated as critical 
                habitat of species listed as endangered species under 
                the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.); and
                  (B) the response of the Coast Guard to such concerns.
  (b) Restriction.--The Commandant may not establish any of the 
anchorages described in subsection (a) before the end of the 180-day 
period beginning on the date of the submission of the report under 
subsection (a)(2).

SEC. 511. PUBLIC SAFETY ANSWERING POINTS AND MARITIME SEARCH AND RESCUE 
                    COORDINATION.

  Not later than 180 days after the date of the enactment of this Act--
          (1) the Secretary of the department in which the Coast Guard 
        is operating acting through the Commandant of the Coast Guard 
        shall review Coast Guard policies and procedures for public 
        safety answering points and search-and-rescue coordination with 
        State and local law enforcement entities in order to--
                  (A) further minimize the possibility of maritime 911 
                calls being improperly routed; and
                  (B) assure the Coast Guard is able to effectively 
                carry out the Coast Guard's maritime search and rescue 
                mission; and
          (2) the Commandant shall formulate a national maritime public 
        safety answering points policy and submit a report to the 
        Congress on that subject.

SEC. 512. DOCUMENTATION OF ``AMERICA'S FINEST''.

  Notwithstanding sections 12112 and 12113 of title 46, United States 
Code, the Secretary of the department in which the Coast Guard is 
operating may issue a certificate of documentation with a coastwise and 
a fishery endorsement for the vessel AMERICA'S FINEST (United States 
official number 1276760).

                         Purpose of Legislation

    H.R. 2518, the Coast Guard Authorization Act of 2017, 
authorizes funding for the Coast Guard for fiscal years 2018 
and 2019 at levels sufficient to maintain operational readiness 
and timelines for major system acquisition programs, and 
includes reforms to Coast Guard authorities and regulations 
governing certain maritime industries.

                  Background and Need for Legislation


Coast Guard

    The United States Coast Guard (Coast Guard or Service) was 
established on January 28, 1915, through the consolidation of 
the Revenue Cutter Service (established in 1790) and the 
Lifesaving Service (established in 1848). The Coast Guard later 
assumed the duties of three other agencies: the Lighthouse 
Service (established in 1789), the Steamboat Inspection Service 
(established in 1838), and the Bureau of Navigation 
(established in 1884).
    Under section 2 of title 14, United States Code, the Coast 
Guard has primary responsibility to enforce or assist in the 
enforcement of all applicable federal laws in, under, and over 
the high seas and waters subject to the jurisdiction of the 
United States; to ensure safety of life and property at sea; to 
protect the marine environment; to carry out icebreaking 
activities; and to ensure the safety and security of vessels, 
ports, waterways, and related facilities.
    As one of the five Armed Services, the Coast Guard also 
maintains defense readiness and may be called upon to operate 
as a specialized service in the Navy upon the declaration of 
war or when the President directs. The Coast Guard is composed 
of approximately 40,000 military personnel, 6,400 reservists, 
and 8,400 civilian employees. The Coast Guard or its 
predecessors have defended the Nation in every war since 1790.
    In fiscal year 2015, the Coast Guard responded to over 
16,000 search and rescue cases saving over 3,500 lives. 
Additionally, the Coast Guard conducted over 8,600 security 
boardings of vessels entering American ports, screened over 
131,000 commercial vessels entering American ports for 
potential security threats, maintained over 47,000 aids to 
navigation, and detained 503 smugglers carrying 107 metric tons 
of cocaine.
    H.R. 2518, the Coast Guard Authorization Act of 2017, 
authorizes funding for the Coast Guard for the next two fiscal 
years at levels necessary to carry out these missions, while 
helping to replace and modernize the Coast Guard's aging assets 
in a cost-effective manner, enhance oversight, and reduce 
administrative inefficiencies to save taxpayer dollars.
    Pursuant to section 101 of the Coast Guard Authorization 
Act of 2016 (P.L. 114-120), the activities of the Coast Guard 
are authorized through fiscal year 2017 at $9 billion. H.R. 
2518 authorizes $9.4 and $9.6 billion in discretionary funds 
for the Coast Guard for fiscal years 2018 and 2019, 
respectively. Authorized increases in funding are necessary, 
among other reasons, to address shortfalls in prior years 
appropriations due to mandatory non-defense budget cuts imposed 
under the Budget Control Act.
            Investment in Coast Guard capabilities
    The Committee has long held concerns about the adequacy of 
capital investment in Coast Guard assets and infrastructure and 
has held numerous hearings to review the status and efficiency 
of acquisition programs. Enforcing federal laws in, under, over 
the high seas and waters subject to the jurisdiction of the 
United States is a complicated task requiring a workforce that 
is highly trained in many diverse areas ranging from marine and 
aviation operations to marine safety. It also requires a 
substantial number of physical assets from offshore cutters and 
aircraft, to buoys and shore-side facilities such as piers and 
airfields. Estimates of what is required in annual Coast Guard 
capital investment range from $1.5 billion to more than $2.0 
billion depending on whether the goal is to maintain existing 
capability, to achieve capabilities closer to those set up in 
the 2005 Mission Need Statement (MNS), or to fulfill approved 
acquisition programs of record. These costs are expected to 
increase with the acquisition of at least one new heavy ice 
breaker, and possibly, up to six new icebreakers as specified 
in the Coast Guard's 2010 High Latitude Region Mission 
Analysis. While acquisition costs have kept increasing, 
successive administration budget requests have fallen short of 
even meeting the Service's minimum operational and acquisition 
needs, and appropriations have only been able to make up a 
fraction of the shortfall. In fiscal year 2018, the 
Administration requests $1.2 billion for the Coast Guard's 
Acquisition, Construction, and Improvement (AC&I) account. This 
represents a cut of over $700 million, or a 37 percent cut from 
fiscal year 2017 enacted appropriation.
    H.R. 2518 authorizes the Coast Guard's AC&I account at 
$1.945 billion for each of the fiscal years 2018 and 2019, 
approximately $700 million more than the Administration's 
fiscal year 2018 request. The Committee believes long-term 
funding at this level will allow the Coast Guard to maintain 
current mission capability. However, the Committee acknowledges 
that even at the level of capital funding proposed in this 
authorization, certain Coast Guard missions simply will not be 
done, or will be undertaken at a suboptimal operations tempo. 
The Committee looks forward to continuing to work with the 
Coast Guard to determine how the Service might better align 
missions and assets under current budget constraints, and 
identify those missions which potentially may be handled 
through cooperation with other entities.

Maritime transportation

    The maritime sector of our national transportation system 
is essential to our economy and vital to our national security. 
The Maritime industry in the United States currently employs 
more than 250,000 Americans providing nearly $4.5 trillion of 
economic activity annually. There are more than 40,000 
commercial vessels currently flying the American flag. The vast 
majority of these vessels are engaged in domestic coastwise 
commerce protected under the Jones Act, moving over 106 million 
passengers and $400 billion worth of goods between ports in the 
United States on an annual basis. Each year, maritime industry 
accounts for over $100 billion in economic output. 
Additionally, maritime industry provides an indispensable 
industrial and technology base necessary to support both 
military and commercial shipbuilding.
    H.R. 2518 also addresses matters affecting maritime 
transportation. The bill promotes transit lane safety through 
authorizing funding for Coast Guard marine debris activities, 
implementation of the Atlantic Coast Port Access Study report, 
and removes red tape and promotes improved maritime commerce by 
allowing payment for construction of certain aids-to-navigation 
constructed by non-federal entities. The bill also promotes 
common sense regulations by updating public notice requirements 
for bridge work, requires the Coast Guard to match its fees 
with the cost of administrating its inspection programs, and 
makes technical corrections to certain references for merchant 
mariner documents, licenses and certifications of registry.

                                Hearings

    The Subcommittee on Coast Guard and Maritime Transportation 
held a hearing on March 31, 2017, on the authorization of Coast 
Guard and maritime transportation programs. Testimony was heard 
from the Coast Guard, the Federal Maritime Commission and the 
Maritime Administration. Topics discussed included funding for 
the Service, the Commission and Administration, the status of 
Coast Guard acquisition programs, and maritime transportation 
issues relating to the Service and each agency.
    The Subcommittee on Coast Guard and Maritime Transportation 
held a hearing on May 3, 2017, on maritime transportation 
regulatory issues. Testimony was heard from the Coast Guard, 
the American Salvage Association, and the National Response 
Corporation regarding oil spill and salvage and marine 
firefighting response requirements and how each response 
activity is being implemented nationwide.

                 Legislative History and Consideration

    On May 18, 2017, H.R. 2518 was introduced by Congressman 
Duncan Hunter (R-CA) and cosponsored by Congressman John 
Garamendi (D-CA), Congressman Bill Shuster (R-PA) and 
Congressman Peter DeFazio (D-OR).
    On May 24, 2017, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 2518. Mr. 
Hunter offered a manager's amendment that: authorizes 
appropriations for, respectively, construction of six 
additional Fast Response Cutters beyond the approved program of 
record, icebreaker sea trials, and to address the backlog in 
shore-side infrastructure. The manager's amendment also makes 
some technical changes; transfers provisions from title 33, 
United States Code, to title 46, United States Code; and, 
authorizes the use of cooperative agreements between the Coast 
Guard and non-federal entities to develop a backup for the 
Global Positioning System. Additionally, the amendment modifies 
an Oil Spill Liability Trust Fund annual audit requirement; 
authorizes a land exchange and a vessel response plan 
verification process, both in Alaska; and requires a report on 
the establishment of new anchorages in the Hudson River. 
Congressman Rick Larsen (D-WA) offered on amendment to provide 
a certificate of documentation, with coastwise and fishery 
endorsements, to a catcher processor vessel being built in 
Washington State. Congresswoman Frederica S. Wilson (D-FL) 
offered an amendment regarding access to American courts for 
non-citizen employees on cruise vessels and withdrew it. The 
Committee ordered the bill, as amended, reported favorably to 
the House by voice vote with a quorum present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no recorded votes taken in connection 
with consideration of H.R. 2518. A motion to order H.R. 2518, 
as amended, reported favorably to the House was agreed to by 
voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 2518 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 23, 2017.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2518, the Coast 
Guard Authorization Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                             Mark P. Hadley
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 2518--Coast Guard Authorization Act of 2017

    Summary: H.R. 2518 would authorize appropriations totaling 
$19.0 billion over the 2018-2019 period for ongoing activities 
of the Coast Guard (USCG). Assuming appropriation of the 
specified amounts, CBO estimates that implementing the 
legislation would cost $18.3 billion over the 2018-2022 period.
    The bill also would authorize the Secretary of Homeland 
Security to enter into a cooperative agreement with a 
nonfederal entity to establish, sustain, and operate a system 
to provide positioning, navigation, and timing (PNT) services 
as a backup and complement to the existing Global Positioning 
System (GPS). CBO estimates that enacting that provision would 
increase net direct spending by $121 million over the 2018-2027 
period. Enacting the bill also would affect revenues, but CBO 
estimates that those changes would be insignificant.
    Because enacting the bill would affect direct spending and 
revenues, pay-as-you-go procedures apply. CBO estimates that 
enacting H.R. 2518 would not increase net direct spending or 
on-budget deficits by more than $5 billion in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 2518 would impose intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
CBO estimates that the cost of the mandates would fall below 
the annual thresholds established in UMRA ($78 million for 
intergovernmental mandates and $156 million for private-sector 
mandates, respectively, in 2017, adjusted annually for 
inflation).
    Estimated cost to the Federal government: The estimated 
budgetary effect of H.R. 2518 is shown in the following table. 
The costs of this legislation fall within budget functions 400 
(transportation), 300 (natural resources and environment), and 
950 (undistributed offsetting receipts).

                               TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 2518
----------------------------------------------------------------------------------------------------------------
                                                       By fiscal year, in millions of dollars--
                                    ----------------------------------------------------------------------------
                                        2017       2018       2019       2020       2021       2022    2017-2022
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level................          0      9,397      9,587          0          0          0     18,984
Estimated Outlays..................          0      5,956      7,790      2,526      1,312        715     18,299
 
                                          INCREASES IN DIRECT SPENDINGa
 
Estimated Budget Authority.........          0        200          0          0         -5         -4        191
Estimated Outlays..................          0         20         40         60         45         26        191
----------------------------------------------------------------------------------------------------------------
aCBO estimates that enacting H.R. 2518 would increase net direct spending by $121 million over the 2017-2027
  period.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2518 will be enacted late in 2017, that the authorized amounts 
will be provided as specified in the bill, and that outlays 
will follow historical spending patterns.

Spending subject to appropriation

    H.R. 2518 would authorize appropriations totaling $9.4 
billion in 2018 and $9.6 billion in 2019 for ongoing activities 
of the Coast Guard. The Congress provided about $8 billion for 
the agency in 2017. That amounts authorized to be appropriated 
under the bill include:
           $14.7 billion for operating expenses;
           $3.9 billion for capital spending to acquire 
        and maintain mission-related vessels, aircraft, 
        facilities, and infrastructure;
           $268 million for training reservists;
           $75 million for research programs; and
           $34 million for activities related to 
        enforcing compliance with environmental regulations.
    Based on historical spending patterns for those activities, 
CBO estimates that implementing those provisions would cost 
$18.3 billion over the 2018-2022 period and an additional $0.7 
billion after 2022.
    In addition, CBO estimates that provisions of H.R. 2518 
that would authorize the federal government to establish a new 
PNT system could affect other discretionary spending by federal 
agencies that might use it. For example, establishing such a 
system could affect agencies activities and costs related to 
other systems that provide signaling services. However, because 
the timing and magnitude of such impacts is highly uncertain, 
CBO has not included any such effects in this estimate.

Direct spending and revenues

    Enacting the bill would increase net costs for developing a 
PNT system, decrease offsetting receipts from future auctions 
of the rights to use parts of the electromagnetic spectrum, and 
make other changes that would have insignificant effects on 
direct spending and revenues.

                                             TABLE 2.--ESTIMATED CHANGES IN DIRECT SPENDING UNDER H.R. 2518
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         By fiscal year, in millions of dollars--
                                ------------------------------------------------------------------------------------------------------------------------
                                   2017     2018     2019     2020     2021     2022     2023     2024     2025     2026     2027   2017-2022  2017-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING
 
Capital Spending for PNT
 System:
    Estimated Budget Authority.        0      200        0        0        0        0        0        0        0        0        0       200        200
    Estimated Outlays..........        0       20       40       60       50       30        0        0        0        0        0       200        200
Receipts from Revenue-Sharing
 Agreements:
    Estimated Budget Authority.        0        0        0        0       -5       -5      -10      -10      -15      -15      -20       -10        -80
    Estimated Outlays..........        0        0        0        0       -5       -5      -10      -10      -15      -15      -20       -10        -80
Forgone Receipts from Spectrum
 Auctions:
    Estimated Budget Authority.        0        0        0        0        0        1        0        0        0        0        0         1          1
    Estimated Outlays..........        0        0        0        0        0        1        0        0        0        0        0         1          1
    Total Changes:
        Estimated Budget               0      200        0        0       -5       -4      -10      -10      -15      -15      -20       191        121
         Authority.............
        Estimated Outlays......        0       20       40       60       45       26      -10      -10      -15      -15      -20       191        121
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Capital spending for PNT system. The federal government 
owns and operates the GPS, a satellite-based system that 
provides PNT signals to devices equipped with GPS receivers. 
The system currently provides continuous ``Standard Positioning 
Services'' to all users worldwide free of any direct user 
charges. It also provides ``Precise Positioning Services'' to 
the U.S. military, federal agencies, and certain foreign 
governments. Entities throughout the public and private sectors 
rely heavily on GPS services for their daily operations and 
continuous PNT services are widely viewed as necessary for 
safeguarding critical infrastructure in the United States. 
Under current law, the federal government is investigating 
opportunities to develop technological capabilities to ensure 
the continuity of PNT services in the event of disruptions to 
GPS services.
    H.R. 2518 would authorize the Secretary of Homeland 
Security, in consultation with other federal agencies, to enter 
into a competitively awarded agreement with a nonfederal entity 
to establish and operate a land-based backup PNT system using 
technology known as eLORAN (enhanced long-range aids to 
navigation). The bill would specify some requirements for the 
proposed system, including that it use the existing 
infrastructure of the Coast Guard's LORAN-C system and provide 
services to federal agencies for public purposes. (LORAN-C 
provided radio navigation services throughout the 48 
continental states, their coastal areas, and parts of Alaska 
until the Coast Guard terminated the signal in 2010.)
    The terms of any cooperative agreement entered into 
pursuant to the bill--including details related to system 
specifications--are uncertain and ultimately would be 
determined by the Secretary, but H.R. 2518 outlines several key 
requirements that would have to be included. In particular, 
under such an agreement, the nonfederal entity would incur the 
upfront capital expenditures necessary to establish the system, 
and would have full access to (and the authority to improve) 
existing LORAN-C infrastructure (and the associated 
electromagnetic spectrum) for a minimum of 20 years. Subject to 
national security requirements and other conditions, the entity 
could market and sell PNT services to nonfederal parties, with 
the requirement that it share a portion of the revenue from 
such sales with the federal government.
    Budgetary treatment. H.R. 2518 specifies that the private 
entity chosen to develop the proposed PNT system would incur 
all capital expenses related to establishing it--effectively 
acting as an agent of the government. Typically in such 
situations, the entity borrows money in private capital markets 
to finance the project on behalf of a federal program as long 
as private financiers are confident that they will be repaid--
through some form of long-term federal commitment. Under H.R. 
2518, the government would commit to making federally owned 
infrastructure and spectrum resources available to the 
developer on a long-term basis. In addition, based on an 
analysis of information from federal agencies and industry 
experts, CBO expects the federal government would provide 
financial support for the program--for example, through a long-
term agreement to purchase PNT services. Under the bill, the 
government would effectively assume the technological and 
financial risk of the project. Therefore, CBO considers the 
authority in H.R. 2518 to be the equivalent of a federal 
acquisition carried out by a nonfederal entity. CBO considers 
such arrangements to be third-party financing and treats the 
costs of those transactions as mandatory direct spending.
    In CBO's view, the full cost of such long-term commitments 
that obligate the government to make payments in future years 
should be recorded in the budget upfront. Estimated outlays 
would be spread over the period of time when capital spending 
for the eLORAN system would occur, reflecting the expectation 
that federal commitments would support the acquisition of an 
asset that would be developed in accordance with federal 
specifications to suit federal purposes.
    Estimated federal costs. Because eLORAN is a relatively 
mature technology, the capital costs of equipment and 
associated support systems are reasonably well known. However, 
the cost of establishing a PNT system under H.R. 2518 is 
uncertain and would depend significantly on the system 
requirements specified by the federal government, the types of 
services provided, and the footprint of the service area. Based 
on information from federal agencies involved in the effort to 
explore potential PNT services, CBO estimates that capital 
costs could range from tens of millions to hundreds of millions 
of dollars. For example, we expect that the capital costs of 
establishing a system to provide backup timing services within 
the lower 48 states would be relatively modest because 
sufficient operational infrastructure probably still exists to 
support such a system. Expanding the system's capabilities to 
provide positioning and navigation services could increase 
costs substantially, depending on the degree of accuracy 
required for such services. On the upper end, CBO expects that 
the costs to make necessary investments in decommissioned 
LORAN-C assets and deploy equipment to provide accurate and 
reliable positioning and navigation services throughout all 50 
states could total between $400 million and $500 million.
    For this estimate, CBO assumes the capital costs of the PNT 
system established under the bill would total about $200 
million--an amount that CBO expects would support a system 
capable of providing timing services throughout the lower 48 
states as well as some positioning and navigation services. 
(Costs could be greater depending on the degree of accuracy 
that the federal government requires for positioning and 
navigation services.) We expect that capital spending to deploy 
that system would occur gradually, over about five years.
    Receipts from revenue sharing agreements. CBO also expects 
that the proposed eLORAN system would be a marketable asset 
that could generate significant income from private 
subscribers, particularly firms in the telecommunications, 
financial, energy, and transportation sectors. H.R. 2518 would 
specify that the cooperative agreement between the federal 
government and the eLORAN developer require the developer to 
share a portion of any proceeds it receives from commercial 
subscriptions for PNT services. CBO treats the federal share of 
such proceeds as offsetting receipts (which are treated as 
reductions in direct spending). The timing and magnitude of 
such receipts is uncertain and would depend on private firms' 
interest in subscribing to PNT services. Their interest, in 
turn, would depend on a variety of business-related factors, 
including perceptions of their need for backup PNT services and 
the cost of equipping devices to receive signals from eLORAN.
    The bill would require that the revenue-sharing agreement 
consider the private entity's spending for capital investments 
and operating expenses. For this estimate, CBO expects that the 
federal share of receipts would be relatively modest over the 
10-year period covered by this estimate because the eLORAN 
developer would likely retain a greater share of revenues to 
recover its costs of financing the system. Taking into account 
the magnitude of income from subscriptions that would be needed 
to cover CBO's estimate of the developer's capital and 
operating expenses, CBO estimates that receipts to the federal 
government would total $80 million over the 2018-2027 period. 
That estimate reflects the expectation that the federal 
government's share of receipts would average between 5 percent 
and 10 percent annually.
    Forgone receipts from spectrum auctions. Under current law, 
the radio frequencies previously used for the federally owned 
LORAN-C system may be re-assigned for use by other federal 
systems, allocated for public use, or made available for 
commercial use through auctions conducted by the Federal 
Communications Commission (FCC). H.R. 2518 would transfer the 
rights to use that spectrum to the developers of the new 
network at no cost. CBO estimates that forgoing receipts from 
an auction of commercial licenses would reduce offsetting 
receipts by about $1 million over the 2018-2022 period. That 
estimate reflects trends in the value of licenses for similar 
frequencies and the uncertainty surrounding the probability 
that the spectrum will be auctioned for commercial use before 
the FCC's auction authority expires in 2022.
    Other provisions. CBO expects that enacting other 
provisions of H.R. 2518 would affect direct spending and 
revenues. However, based on an analysis of information from the 
affected agencies about the anticipated effects of such 
provisions, CBO estimates that any such changes, on net, would 
be insignificant. Those provisions would:
           Increase civil penalties (which are recorded 
        as revenues) for violations of regulations related to 
        the use of cut-off switches for engines used on 
        recreational vessels;
           Permit the President to allow certain 
        commissioned officers of the Coast Guard to retire 
        after fewer years of active service;
           Modify fees related to certificates of 
        documentation for recreational vessels and authorize 
        the agency to adjust fees charged for inspections of 
        certain towing vessels; and
           Establish civil and criminal penalties for 
        violations of laws and regulations related to the 
        safety of U.S. ports and waterways.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table.

   CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 2518 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE ON MAY 24, 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2017    2018    2019    2020    2021    2022    2023    2024    2025    2026    2027   2017-2022  2017-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact............       0      20      40      60      45      26     -10     -10     -15     -15     -20       191        121
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term direct spending and deficits: CBO 
estimates that enacting H.R. 2518 would not increase net direct 
spending or on-budget deficits by more than $5 billion in any 
of the four consecutive 10-year periods beginning in 2028.
    Intergovernmental and private-sector impact: H.R. 2518 
would impose intergovernmental and private-sector mandates as 
defined in UMRA. CBO estimates that the cost of the mandates 
would fall below the annual thresholds established in UMRA ($78 
million for intergovernmental mandates and $156 million for 
private-sector mandates, respectively in 2017, adjusted 
annually for inflation).

Mandates that apply to both public and private entities

    Increasing the end strength of the Coast Guard. Section 102 
would increase the costs of complying with existing 
intergovernmental and private-sector mandates by increasing the 
number of Coast Guard personnel on active-duty in 2019 relative 
to currently authorized levels. Those additional personnel 
would be eligible for existing protections under the 
Servicemembers Civil Relief Act (SCRA).
    SCRA allows servicemembers to maintain a single state of 
residence for purposes of paying state and local personal 
income taxes and to request deferrals for certain state and 
local fees. CBO estimates that the additional cost of those 
mandates on state and local governments would be small.
    SCRA also requires creditors to charge no more than 6 
percent interest on loans that servicemembers acquired before 
they began active-duty service, and it allows courts to 
temporarily stay certain civil proceedings, such as evictions, 
foreclosures, and repossessions. The act also precludes 
creditors from using a servicemember's personal assets to 
satisfy the member's trade or business liability while he or 
she is in military service. The number of active-duty 
servicemembers covered by SCRA would increase by 1,500. 
Servicemembers' utilization of the various provisions of the 
SCRA depends on a number of uncertain factors, including how 
often and how long they are deployed. However, because the 
increase in the number of active-duty servicemembers covered by 
SCRA would be so small, on balance CBO expects that the 
incremental cost of compliance for entities in the private 
sector also would be small.
    Requirements on drawbridge operators. The bill would impose 
an intergovernmental and private-sector mandate on drawbridge 
owners or operators by requiring those entities to notify the 
public of a temporary change to the operation of the drawbridge 
lasting six months or less. CBO estimates that the cost of 
complying with those reporting requirements would be small.

Mandates that apply to public entities only

    The bill would preempt state and local laws by allowing 
health-care professionals to practice in states other than 
where they are licensed if they are members, employees, or 
contractors of the USCG performing authorized duties. Although 
the preemption would limit the application of state and local 
laws, it would impose no duty on state or local governments 
that would result in additional spending or a loss of revenues.

Other effects on public entities

    The bill would benefit entities, such as state agencies and 
local maritime authorities, by authorizing the federal 
government to reimburse those entities for the costs of 
constructing maritime navigation aids through federally 
authorized navigation channels. The bill also would authorize 
the USCG to provide training to state, local, or tribal 
emergency response personnel, on a reimbursable or non-
reimbursable basis, whenever the USCG determines that USCG 
staff cannot participate in scheduled trainings. Any costs 
incurred by public entities under training agreements with the 
USCG would result from voluntary commitments.

Mandates that apply to private entities only

    The bill would impose a private-sector mandate on 
manufacturers of recreational vessels by requiring the 
installation of an engine cut-off switch on vessels less than 
26 feet in length in accordance with an industry standard. 
(Cut-off switches turn off the engine if the operator is 
separated from the vessel.) Based on information from industry 
sources, CBO estimates that manufacturers would only need to 
install engine cut-off switches on about 5,000 vessels because 
manufacturers already include such switches on most 
recreational vessels covered by the mandate. On the basis of 
information about the cost of engine cut-off switches, CBO 
estimates that the cost of installing an engine cut-off switch 
on those vessels would be less than $200,000.
    Previous CBO estimate: On May 30, 2017, CBO transmitted a 
cost estimate for S. 1129, the Coast Guard Authorization Act of 
2017, as ordered reported by the Senate Committee on Commerce, 
Science, and Transportation on May 18, 2017. Both bills would 
authorize appropriations for the USCG over the 2018 and 2019 
period. Our estimate of discretionary outlays under H.R. 2518 
is less than under S. 1129 because H.R. 2518 would authorize 
less funding.
    Estimate prepared by: Federal costs: Megan Carroll and 
Kathleen Gramp; Impact on state, local, and tribal governments: 
Jon Sperl; Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa A. Gullo, Assistant Director 
for Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
authorize funding for the Coast Guard for fiscal years 2018 and 
2019 at levels sufficient to maintain Coast Guard operational 
readiness and timelines for major acquisition programs, and 
includes reforms to Coast Guard authorities and regulations 
governing certain maritime industries.

                          Advisory of Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill includes an earmark, limited tax benefit, 
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 2518 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017), 
the Committee finds that sections 407 and 414 of H.R. 2518 
require rule makings within the meaning of section 551 of title 
5, United States Code. Section 407 requires the Secretary of 
the Department in which the Coast Guard is operating to issue a 
performance-based rule regarding alternative distress signals. 
Section 414 requires the Coast Guard to issue regulations 
requiring the installation of engine cut-off switches on 
certain recreational vessels.

                       Federal Mandate Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 2518 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No new advisory committees within the meaning of section 
5(b) of the Federal Advisory Committee Act are created by this 
legislation.

                  Applicability of Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

               Section-by-Section Analysis of Legislation


Section 1. Short Title and Table of Contents

    (a) Short Title--cites the short title as ``Coast Guard 
Authorization Act of 2017''.
    (b) Table of Contents--lists the sections of the bill.

                        TITLE I--AUTHORIZATIONS

Section 101. Authorization of appropriations

    This section amends section 2702 of title 14, United States 
Code, to authorize funding levels for the Coast Guard for 
fiscal years 2018 and 2019.

Section 102. Authorized levels of military strength and training

    This section amends section 2704 of title 14, United States 
Code, to authorize the levels of military strength and training 
for fiscal years 2018 and 2019.

                         TITLE II--COAST GUARD

Section 201. Training; public safety personnel

    This section amends Chapter 7 of title 14, United States 
Code, to add a new section 155 which will authorize the 
Commandant to allow, on a reimbursable or non-reimbursable 
basis, non-Coast Guard public safety personnel to participate 
in training when a member of the Coast Guard is unavailable. 
Public safety personnel is defined as any federal, state (or 
political subdivision thereof), territorial, or tribal law 
enforcement officer, firefighter, or emergency response 
provider.

Section 202. Commissioned service retirement

    This section allows the President to reduce the retirement 
requirement of at least 10 years of active service as a 
commissioned officer to eight years, for Coast Guard officers 
who retire in fiscal year 2017 or 2018.

Section 203. Officer promotion zones

    This section amends section 256(a) of title 14, United 
States Code, to adjust the number of officers in a promotion 
zone pool to account for current levels of attrition.

Section 204. Cross reference

    This section amends section 373(a) of title 14, United 
States Code, to insert ``designated under section 371'' after 
``cadet''.

Section 205. Repeal

    This section repeals section 482 of title 14, United States 
Code. The Coast Guard does not use the authority for the 
issuance of clothing at the time of discharge.

Section 206. Unmanned aircraft system

    This section requires the Secretary of the Department in 
which the Coast Guard is operating to establish a land-based 
unmanned aircraft system program that would be under the 
control of the Commandant of the Coast Guard. The section 
limits the type of system the Commandant can acquire during any 
fiscal year when funds are appropriated for Offshore Patrol 
Cutter design or construction.

Section 207. Coast Guard health-care professionals; licensure 
        portability

    This section amends Chapter 5 of title 14, United States 
Code, to include a new section 104. Section 104 allows a 
health-care professional to practice in any location of any 
state, the District of Columbia, or a Commonwealth, territory 
or possession of the United States, regardless of where the 
health-care professional or patient are located, as long as the 
practice is within the scope of the authorized federal duties 
of such health-care professional. The health-care professionals 
must have a current license to practice medicine, osteopathic 
medicine, dentistry, or another health profession, and be 
performing authorized duties for the Coast Guard.

Section 208. Incentive contracts for Coast Guard yard and industrial 
        establishments

    This section amends section 648 of title 14, United States 
Code, to allow the parties to an order for industrial work to 
be performed by the Coast Guard Yard or a Coast Guard 
industrial establishment to enter into an order or a cost-plus-
incentive-fee order. If the parties agree to one of the project 
order options, an agreed-upon amount of any adjustment may be 
distributed as an incentive to the wage-grade industrial 
employees who complete the order.
    Before entering into such order or cost-plus-incentive-fee 
order, the parties must agree that the wage-grade employees of 
the Coast Guard Yard or industrial establishment will take 
action to improve the delivery schedule or technical 
performance agreed to in the order.
    If the workforce of the Coast Guard Yard or the industrial 
establishment satisfies the performance target established in a 
chosen order the adjustment pursuant to the agreement shall be 
reduced by the agreed upon amount and distributed to the wage-
grade industrial employees and the remainder of the adjustment 
credited to the appropriations for the order.

Section 209. Maintaining cutters in class

    This section amends section 573(c)(3)(A) of title 14, 
United States Code, to include ``and shall maintain such cutter 
in class''.

Section 210. Congressional affairs; Director

    This section requires the Commandant to appoint a Director 
of Congressional Affairs from officers who serve in a grade 
above captain.

Section 211. Contracting for major acquisition programs

    This section provides the Commandant of the Coast Guard 
with contracting authority for major acquisition programs. 
Contracting authorities include block buy, incremental funding, 
combined purchases, and multiyear contracts.
    This section also makes conforming amendments to repeal 
section 223 of P.L. 113-281 (14 United States Code 577 note), 
section 221(a) of P.L. 113-281 (14 United States Code 573 
note), and section 207 of P.L. 114-120 (14 United States Code 
87 note).

Section 212. National Security Cutter

    This section requires the Commandant of the Coast Guard, 
before certifying an eighth National Security Cutter as Ready 
for Operation, to provide a notification of a new standard 
method for tracking operational employment of Coast Guard major 
cutters that does not include time during which such cutter is 
a way from its homeport for maintenance or repair, and a report 
analyzing cost and performance for different approaches to 
achieving varied levels of operational tempos to the House 
Committee on Transportation and Infrastructure and the Senate 
Committee on Commerce, Science, and Transportation.
    This section makes conforming amendments to repeal section 
221(b) of the Coast Guard and Maritime Transportation Act of 
2012 and 204(c)(1) of the Coast Guard Authorization Act of 
2015.

Section 213. Radar refresher training

    This section removes the requirement for radar observer 
refresher training. The authority of section 11.480(f) of title 
46 Code of Federal Regulations, as it was in effect before the 
day of enactment of this Act, would no longer have any force or 
effect.

Section 214. Repeal

    This section amends section 676a(a) of title 14, United 
States Code, to repeal paragraph (2) removing the sunset date 
and reconfigures paragraph (1).

Section 215. Extension of Authority

    This section extends the authority given to the Commandant 
of the Coast Guard to designate shortage category positions and 
use the authorities in section 3304 of title 5, United States 
Code, to recruit and appoint highly qualified people to the 
positions. The authority is extended for two years, fiscal 
years 2018 and 2019.

Section 216. Authorization of amounts for Fast Response Cutters

    This section authorizes $165 million, within the levels 
authorized in the bill, for the acquisition of six Fast 
Response Cutters in addition to the 58 currently included in 
the acquisition baseline. The six additional cutters shall 
replace the six 110-foot cutters currently in Patrol Forces 
Southwest Asia.

Section 217. Authorization of amounts for ice trials of icebreaker 
        vessels

    This section authorizes $3 million, within the levels 
authorized in the bill, for ice trials of icebreaker vessels.

Section 218. Shoreside infrastructure

    This section authorizes authorization of $165 million per 
year, within the levels authorized in the bill, for un-met 
shore-side infrastructure needs which are now estimated to cost 
$1.6 billion.

               TITLE III--PORTS AND WATERWAYS SAFETY ACT

Section 301. Codification of Ports and Waterways Safety Act

    This section creates a new chapter 700, Port Safety, in 
title 46, United States Code. These provisions were previously 
included in the Ports and Waterways Safety Act.

Section 302. Conforming amendments

    This section transfers a section of the Ports and Waterways 
Safety Act to section 3105 of title 46, United States Code. The 
section also states that 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 not 
destined for, or departing from, a port or place subject to the 
United States. This allows the foreign vessel innocent passage 
through the territorial sea of the United States or transit 
through navigable waters of the United States that form a part 
of an international strait.

Section 303. Transitional and savings provisions

    This section defines ``source provision'' and ``Title 46 
provision''. It also outlines that the transferred title 46 
provisions are deemed to have been enacted on the date of 
enactment of the source provision it replaces. References to 
the source provisions are deemed to refer to the corresponding 
title 46 provision; any regulation referencing or implementing 
a source provision are deemed to refer to or implement the 
corresponding title 46 provision; and any action taken or 
offense committed under a source provision is deemed to have 
been taken or committed under the corresponding title 46 
provision.

Section 304. Rule of construction

    This section explains that this title, including any 
amendments, is intended to transfer provisions from the Ports 
and Waterways Safety Act. It should not be construed as 
altering: the effect of provisions in the Ports and Waterways 
Safety Act, or any authorities or requirements in such Act; a 
department or agency interpretation with respect to such Act; 
or any judicial interpretation with respect to such Act.

Section 305. Advisory Committee: Repeal

    This section repeals section 18 of the Coast Guard 
Authorization Act of 1991.

                TITLE IV--MARITIME TRANSPORTATION SAFETY

Section 401. Clarification of logbook entries

    This section amends section 11304 of title 46, United 
States Code, to strike ``an official logbook, which'' and 
inserts ``a logbook''. It also amends subsection (b) to include 
a new paragraph (3) which requires the logbook to include 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.

Section 402. Technical Corrections: licenses, certifications of 
        registry, and merchant mariner documents

    This section clarifies terminology by amending the 
following sections of title 46, United States Code: 7106(b) to 
strike ``merchant mariner's document'' and insert ``license''; 
section 7107(b) to strike ``merchant mariner's document'' to 
insert ``certificate of registry''; section 7507(b)(1) to 
strike ``licenses and certificates of registry'' and insert 
``merchant mariner's documents''; and section 7507(b)(2) to 
strike ``merchant mariner's document'' to insert ``license or 
certificate or registry.''

Section 403. Numbering for undocumented barges

    This section amends section 12301(b) of title 46 United 
States Code, to strike ``shall'' and insert ``may'', thus 
making the authority discretionary.

Section 404. Drawbridge deviation exemption

    This section amends the Act of August 18, 1894 (33 United 
States Code 499) to create an exemption for a change in 
schedule that governs the opening of a drawbridge that will be 
in effect for less than six months to not be subject to the 
rule making requirements of section 533 of title 5, United 
States Code. Instead, alternative requirements are created to 
require the Coast Guard to notify each six months or less 
schedule change through a notice to local mariners, broadcasts, 
or another method of notice the Secretary considers 
appropriate. It also requires the owner of the drawbridge to 
provide notice of such schedule changes to the general public 
through a newspaper of general circulation, the public office 
with jurisdiction over the roadway that abuts the approach to 
the bridge, and the law enforcement organization with authority 
over the roadway.

Section 405. Deadline for compliance with alternate safety compliance 
        programs

    This section amends section 4503(d)(1) of title 46, United 
States Code, to allow the Secretary, in cooperation with the 
commercial fishing industry, to prescribe an alternate safety 
compliance program that shall apply in lieu of requirements 
under section 4502(b). The alternate safety compliance program 
would apply to any category of fishing vessels, fish processing 
vessels, or fish tender vessels that are at least 50 feet in 
overall length, built before July 1, 2013, and 25 years of age 
or older.
    New paragraph (2) requires the alternate safety compliance 
program to apply to a vessel after the later of January 1, 
2020, or the end of the three year period beginning on the date 
on which the Secretary prescribes the program. In the case of a 
vessel that undergoes a major conversion completed after July 
1, 2013, or the date the Secretary establishes standards for 
the alternate safety compliance program, upon the completion of 
the conversion.
    A conforming amendment is made to 4502(b) of title 46, 
United States Code, by inserting ``and subject to section 
4503(d),'' after ``In addition to the requirements of 
subsection (a) of this section,''.

Section 406. Authorization for marine debris program

    This section authorizes funding for Coast Guard marine 
debris functions at $2 million and limits administrative costs 
to 10 percent.

Section 407. Alternative distress signals

    This section requires the Secretary of the department in 
which the Coast Guard is operating, not later than one year 
after the date of enactment of this Act, to issue a rule that 
establishes a performance standard for distress signals. Not 
later than 180 days after issuing such rule, the Secretary is 
required to update the Code of Federal Regulations to authorize 
the use of distress signals.

Section 408. Atlantic Coast Port Access Route Study recommendations

    This section requires, not later than 30 days after the 
date of enactment of this Act, the Commandant of the Coast 
Guard to notify the House Committee on Transportation and 
Infrastructure and the Senate Committee on Commerce, Science, 
and Transportation of action taken to carry out the 
recommendation contained in the final report Atlantic Coast 
Port Access Route Study published March 14, 2016.

Section 409. Documentation of recreational vessels

    This section would allow Coast Guard personnel performing 
non-recreational vessel documentation functions to perform 
recreational vessel documentation functions in any fiscal year 
where there is a backlog of applications for recreational 
vessel documentation, when operating expenses funds may not be 
used for expenses incurred for recreational vessel 
documentation, and when fees collected from owners of yachts 
and credited to such use are insufficient to pay the expenses 
of recreational vessel documentation.

Section 410. Certificates of documentation for recreational vessels

    This section amends section 12114 of title 46, United 
States Code, to make the provision allowing recreational 
endorsements for a vessel to be effective for five years. This 
section would have the endorsement terminate after a 30 day 
period if the owner does not notify the Coast Guard of changes 
in information required for the endorsement within the 30 day 
window. The section does not limit the authority of a state or 
local authority to take action to address abandoned and 
derelict vessels. This section also authorizes the collection 
of a fee for issuance of recreational vessel certificates of 
documentation.

Section 411. Backup Global Positioning System

    This section requires the Secretary of the Department in 
which the Coast Guard is operating, in consultation with the 
Secretary of Transportation, to provide for the establishment, 
sustainment, and operation of a reliable land-based enhanced 
LORAN, or eLORAN, positioning, navigation, and timing system. 
The system would provide a compliment to, or backup for, the 
Global Positioning System. It would ensure the availability of 
uncorrupted and non-degraded positioning, navigation, and 
timing signals for military and civilian users in the event the 
global system signals are corrupted, degraded, unreliable, or 
otherwise unavailable. It also authorizes the use of non-
federal entities, through cooperative agreements with the Coast 
Guard, for the development of a backup system for the Global 
Positioning System.
    The Committee is very concerned about the lack of progress 
made by the Departments of Homeland Security, Defense, and 
Transportation toward the establishment of a backup system for 
GPS. The disruption or failure of our nation's GPS system could 
have catastrophic consequences on the safety of the 
transportation system. The Committee understands there is 
considerable interest in the private sector in establishing a 
GPS backup system and encourages the Coast Guard to use its 
existing authority to enter into a cooperative agreement with 
the private sector to install and operate such a system.

Section 412. Waters deemed not navigable waters of the United States 
        for certain purposes

    This section provides regulatory relief for the mule-
powered vessel Volunteer (Hull Number CCA4108) on the Illinois 
and Michigan Canal.

Section 413. Uninspected passenger vessels in St. Louis County, 
        Minnesota

    This section provides regulatory relief for certain 
passenger vessels on Crane Lake in St. Louis County, Minnesota.

Section 414. Engine cut-off switch requirements

    This section requires the Coast Guard to issue regulations 
requiring the installation of engine cut-off switches, in 
compliance with the American Boat and Yacht Standard A-33, on 
recreational vessels less than 26 feet in overall length. The 
section also allows the Coast Guard, through the National 
Boating Safety Advisory Council, to initiate a boating safety 
education program on the use and benefit of cut-off switches 
for recreational vessels.

Section 415. Analysis of commercial fishing vessel classification 
        requirements

    This section requires the Coast Guard to analyze the 
implementation of section 4503 of title 46, United States Code, 
to determine the average costs on vessel owners to comply with 
section 4503 and the impact the requirements of section 4503 
are having on commercial fishing safety.

                         TITLE V--MISCELLANEOUS

Section 501. Repeal

    This section repeals subsection (h) of section 888 of the 
Homeland Security Act of 2002.

Section 502. Reimbursements for non-federal construction costs of 
        certain private aids-to-navigation

    This section would allow the Commandant, subject to 
appropriations, to reimburse a non-federal entity for costs 
incurred by the entity to construct and establish an aid to 
navigation authorized in title I of P.L. 110-114 that 
facilitates safe and efficient marine transportation on a 
federally authorized navigation channel. The section provides 
specific conditions under which the Commandant can reimburse an 
entity, it limits reimbursements for a single project at 
$5,000,000, and the authority expires four years after the date 
of enactment of the bill.

Section 503. Corrections to provisions enacted by Coast Guard 
        Authorization Acts

    This section amends section 604(b) of the Howard Coble 
Coast Guard and Maritime Authorization Act of 2014 to insert 
``and fishery endorsement'' after ``endorsement''.

Section 504. Ship Shoal Lighthouse transfer; Repeal

    This section puts a sunset date of January 1, 2021, in 
section 27 of the Coast Guard Authorization Act of 1991.

Section 505. Coast Guard maritime domain awareness

    This section requires the Coast Guard to enter into an 
arrangement with the National Academy of Sciences, under which 
the Academy will prepare an assessment on existing and emerging 
unmanned technologies that can be used by the Coast Guard in 
the maritime domain for a number of Coast Guard purposes. The 
Academy must also analyze how the use of new and emerging 
maritime domain awareness technologies can assist the Coast 
Guard to carry out its missions at lower costs, expand the 
scope and range of the Service's maritime domain awareness, and 
use its personnel and assets more efficiently, and identify 
adjustments in any Coast Guard policies, procedures, and 
protocols to incorporate these technologies.

Section 506. Towing safety management system fees

    The Commandant of the Coast Guard is required to review and 
compare the costs of inspections performed by the Service and 
by a third party. If the Commandant determines there is a 
difference in the fee costs, the Commandant is required to 
revise the fee structure to conform to the requirements under 
section 9701 of title 31, United States Code, that the costs of 
the fees accurately reflect the costs of administering the 
inspections.

Section 507. Oil spill disbursements auditing and report

    This section modifies an existing Oil Spill Liability Trust 
Fund audit requirement being conducted by the Government 
Accountability Office and moves the requirement to the Coast 
Guard to be reported through an existing report. It further 
requires the Coast Guard to submit information on disbursements 
from the Fund for removal costs and damages totaling more than 
$500,000 to Congress.

Section 508. Land exchange, Ayakulik Island, Alaska

    This section authorizes a land exchange between the owner 
of the Ayakulik Island and the Secretary of the Interior. The 
Secretary of the Interior would receive Ayakulik Island, a bird 
rookery, for the transfer of a tract of submerged lands in 
Womens Bay, Alaska. It is roughly a one-to-one acre land 
exchange. The Coast Guard will be given the opportunity to 
apply operational restrictions on the tract of submerged lands 
to ensure they can effectively continue Service operations in 
Womens Bay.

Section 509. Vessel response plans in the Arctic

    This section prohibits the Secretary of the department in 
which the Coast Guard is operating from approving vessel 
response plans in the Alaska Captain of the Port zone that 
includes the Arctic, unless certain verifications can be made. 
The Secretary has to verify that equipment in a response plan 
has been tested and proven capable and any oil spill removal 
organization has records of training for equipment operators 
and conducts an exercise at least once every three years. The 
Secretary can waive the full equipment deployment exercise if 
equipment was deployed in an active response. A report is 
required on the assets available for a response and the 
location of the equipment, among other items.

Section 510. Assessment of public comments on additional anchorages on 
        the Hudson River

    This section requires the Commandant of the Coast Guard to 
assess the public comments it received regarding the 
establishment of additional anchorages on the Hudson River 
between Yonkers, New York and Kingston, New York. The Service 
is required to issue a report to the House Transportation and 
Infrastructure Committee and the Senate Commerce, Science, and 
Transportation Committee regarding concerns raised by public 
comments and how the Service responded to such concerns. The 
Coast Guard cannot establish new anchorages until 180 days 
after submission of the report.

Section 511. Public safety answering points and maritime search and 
        rescue coordination.

    This section requires the Secretary of the department in 
which the Coast Guard is operating to review Coast Guard policy 
and procedures for public safety answering points and search 
and rescue coordination with State and local law enforcement 
entities. The review should look to minimize the possibility 
that 911 calls being improperly routed and assure the Service 
can effectively carry out its maritime search and rescue 
mission. The Commandant of the Coast Guard is required to 
formulate a national maritime public safety answering points 
policy and submit a report to Congress.

Section 512. Documentation of ``America's Finest''

    This section allows the Coast Guard to issue a certificate 
of documentation with a coastwise and a fishery endorsement for 
the fishing vessel AMERICA'S FINEST (United States official 
number 1276760).

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

TITLE 14, UNITED STATES CODE

           *       *       *       *       *       *       *



PART I--REGULAR COAST GUARD

           *       *       *       *       *       *       *


                CHAPTER 3--COMPOSITION AND ORGANIZATION


Sec.
41. Grades and ratings.
     * * * * * * *
61. Unmanned aircraft system.
62. Congressional Affairs; Director.

           *       *       *       *       *       *       *


Sec. 61. Unmanned aircraft system

  (a) In General.--Subject to the availability of 
appropriations and to subsection (b), the Secretary of the 
department in which the Coast Guard is operating shall 
establish a land-based unmanned aircraft system program under 
the control of the Commandant of the Coast Guard.
  (b) Limitations.--
          (1) In general.--During any fiscal year for which 
        funds are appropriated for the design or construction 
        of the Offshore Patrol Cutter, the Commandant--
                  (A) may not award a contract for design of an 
                unmanned aircraft system for use by the Coast 
                Guard; and
                  (B) may acquire an unmanned aircraft system 
                only if such a system--
                          (i) has been part of a program of 
                        record, procured by, or used by, the 
                        Department of Defense or the Department 
                        of Homeland Security, or a component 
                        thereof, before the date on which the 
                        Commandant acquires the system; and
                          (ii) is acquired by the Commandant 
                        through an agreement with such a 
                        department or component, unless the 
                        unmanned aircraft system can be 
                        obtained at less cost through 
                        independent contract action.
          (2) Limitations on application.--
                  (A) Small unmanned aircraft.--Paragraph 
                (1)(B) does not apply to small unmanned 
                aircraft.
                  (B) Previously funded systems.--Subsection 
                (b) does not apply to the design or acquisition 
                of an unmanned aircraft system for which funds 
                for research, development, test, and evaluation 
                have been received from the Department of 
                Defense or the Department of Homeland Security.
  (c) Definitions.--In this section each of the terms ``small 
unmanned aircraft'' and ``unmanned aircraft system'' has the 
meaning that term has in section 331 of the FAA Modernization 
and Reform Act of 2012 (49 U.S.C. 40101 note).

Sec. 62. Congressional affairs; director

  The Commandant shall appoint a Director of Congressional 
Affairs from among officers of the Coast Guard who are in a 
grade above captain.

           *       *       *       *       *       *       *


                    CHAPTER 5--FUNCTIONS AND POWERS


Sec.
81. Aids to navigation authorized.
     * * * * * * *
104. Coast Guard health-care professionals; licensure portability.

           *       *       *       *       *       *       *


Sec. 104. Coast Guard health-care professionals; licensure portability

  (a) Notwithstanding any 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 are located, 
if the practice is within the scope of the authorized Federal 
duties of such health-care professional.
  (b) 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;
                  (D) a personal services contractor under 
                section 1091 of title 10; or
                  (E) any other health-care professional 
                credentialed and privileged at a Federal 
                health-care institution or location specially 
                designated by the Secretary; and
          (2) who--
                  (A) has a current license to practice 
                medicine, osteopathic medicine, dentistry, or 
                another health profession; and
                  (B) is performing authorized duties for the 
                Coast Guard.
  (c) In this section each of the terms ``license'' and 
``health-care professional'' has the meaning that term has in 
section 1094(e) of title 10.

           *       *       *       *       *       *       *


               CHAPTER 7--COOPERATION WITH OTHER AGENCIES


Sec.
141. Cooperation with other agencies, States, territories, and political 
          subdivisions.
     * * * * * * *
155. Training; public safety personnel.

           *       *       *       *       *       *       *


Sec. 155. Training; public safety personnel

  (a) In General.--The Commandant may, on a reimbursable or a 
non-reimbursable basis, make training available to public 
safety personnel 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 public 
        safety personnel, would further the goal of 
        interoperability among Federal agencies, non-Federal 
        governmental agencies, or both.
  (b) Definition.--For the purposes of this section, the term 
``public safety personnel'' includes any Federal, State (or 
political subdivision thereof), territorial, or tribal law 
enforcement officer, firefighter, or emergency response 
provider.
  (c) Treatment of Reimbursement.--Any reimbursements for 
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 of Trained Personnel; Limitation on Liability.--
          (1) Status.--Any public safety personnel to whom 
        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 such personnel in 
        the course of training made available under this 
        section.

           *       *       *       *       *       *       *


CHAPTER 11--PERSONNEL

           *       *       *       *       *       *       *



SUBCHAPTER --OFFICERS

           *       *       *       *       *       *       *


           *       *       *       *       *       *       *



Sec. 256. Promotion zones

  (a) Before convening a selection board to recommend officers 
for promotion to any grade above lieutenant (junior grade) and 
below rear admiral (lower half), the Secretary shall establish 
a promotion zone for the grade to be considered. The promotion 
zone for each grade shall consist of the most senior officers 
of that grade on the active duty promotion list who are 
eligible for consideration for promotion to the next higher 
grade and who have not previously been placed in a promotion 
zone for selection for promotion to the next higher grade. The 
number of officers in each zone shall be determined after 
considering--
          (1) the needs of the service;
          (2) the estimated numbers of vacancies available in 
        future years to provide comparable opportunity for 
        promotion of officers in successive year groups; and
          (3) the extent to which current terms of service in 
        that grade conform to a desirable career promotion 
        pattern.
However, such number of officers shall not exceed the number to 
be selected for promotion divided by [six-tenths.] one-half.
  (b) Promotion zones from which officers will be selected for 
promotion to the grade of rear admiral (lower half) shall be 
established by the Secretary as the needs of the service 
require.

           *       *       *       *       *       *       *


SUBCHAPTER --ENLISTED MEMBERS

           *       *       *       *       *       *       *



Sec. 373. Aviation cadets; appointment as Reserve officers

  (a) An aviation cadet designated under section 371 who 
fulfills the eligibility requirements of section 2003 of title 
10 for designation as a naval aviator may be appointed an 
ensign in the Coast Guard Reserve and designated a Coast Guard 
aviator.
  (b) Aviation cadets who complete their training at 
approximately the same time are considered for all purposes to 
have begun their commissioned service on the same date, and the 
decision of the Secretary in this regard is conclusive.

           *       *       *       *       *       *       *


   CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS


Sec.
461. Remission of indebtedness.
     * * * * * * *
[482. Clothing at time of discharge for good of service.]

           *       *       *       *       *       *       *


[Sec. 482. Clothing at time of discharge for good of service

  [Enlisted members discharged for bad conduct, undesirability, 
unsuitability, or inaptitude may be furnished civilian 
clothing, including an overcoat when necessary, the cost of 
such furnished clothing not to exceed $30, per person.]

           *       *       *       *       *       *       *


                        CHAPTER 15--ACQUISITIONS


                    SUBCHAPTER I--GENERAL PROVISIONS

Sec.
561. Acquisition directorate.
     * * * * * * *

       SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES

     * * * * * * *
580. Contracting for major acquisitions programs.
     * * * * * * *

SUBCHAPTER I--GENERAL PROVISIONS

           *       *       *       *       *       *       *



Sec. 564. Prohibition on use of lead systems integrators

  (a) In General.--
          (1) Use of lead systems integrator.--The Commandant 
        may not use a private sector entity as a lead systems 
        integrator.
          (2) Full and open competition.--The Commandant shall 
        use full and open competition for any acquisition 
        contract unless otherwise excepted in accordance with 
        Federal acquisition laws and regulations promulgated 
        under those laws, including the Federal Acquisition 
        Regulation.
          (3) No effect on small business act.--Nothing in this 
        subsection shall be construed to supersede or otherwise 
        affect the authorities provided by and under the Small 
        Business Act (15 U.S.C. 631 et seq.).
  (b) Limitation on Financial Interest in Subcontractors.--
Neither an entity performing lead systems integrator functions 
for a Coast Guard acquisition nor a Tier 1 subcontractor for 
any acquisition may have a financial interest in a 
subcontractor below the Tier 1 subcontractor level unless--
          (1) the subcontractor was selected by the prime 
        contractor through full and open competition for such 
        procurement;
          (2) the procurement was awarded by an entity 
        performing lead systems integrator functions or a 
        subcontractor through full and open competition;
          (3) the procurement was awarded by a subcontractor 
        through a process over which the entity performing lead 
        systems integrator functions or a Tier 1 subcontractor 
        exercised no control; or
          (4) the Commandant has determined that the 
        procurement was awarded in a manner consistent with 
        Federal acquisition laws and regulations promulgated 
        under those laws, including the Federal Acquisition 
        Regulation.
  [(c) Acquisition of Unmanned Aerial Systems.--
          [(1) In general.--During any fiscal year for which 
        funds are appropriated for the design or construction 
        of the Offshore Patrol Cutter, the Commandant--
                  [(A) may not award a contract for design of 
                an unmanned aerial system for use by the Coast 
                Guard; and
                  [(B) may acquire an unmanned aerial system 
                only--
                          [(i) if such a system has been 
                        acquired by, or has been used by, the 
                        Department of Defense or the Department 
                        of Homeland Security, or a component 
                        thereof, before the date on which the 
                        Commandant acquires the system; and
                          [(ii) through an agreement with such 
                        a department or component, unless the 
                        unmanned aerial system can be obtained 
                        at less cost through independent 
                        contract action.
          [(2) Limitations on application.--
                  [(A) Small unmanned aerial systems.--The 
                limitations in paragraph (1)(B) do not apply to 
                any small unmanned aerial system that consists 
                of--
                          [(i) an unmanned aircraft weighing 
                        less than 55 pounds on takeoff, 
                        including all components and equipment 
                        on board or otherwise attached to the 
                        aircraft; and
                          [(ii) associated elements (including 
                        communication links and the components 
                        that control such aircraft) that are 
                        required for the safe and efficient 
                        operation of such aircraft.
                  [(B) Previously funded systems.--The 
                limitations in paragraph (1) do not apply to 
                the design or acquisition of an unmanned aerial 
                system for which funds for research, 
                development, test, and evaluation have been 
                received from the Department of Defense or the 
                Department of Homeland Security]

           *       *       *       *       *       *       *


SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES

           *       *       *       *       *       *       *



Sec. 573. Preliminary development and demonstration

  (a) In General.--The Commandant shall ensure that 
developmental test and evaluation, operational test and 
evaluation, life-cycle cost estimates, and the development and 
demonstration requirements applied by this chapter to 
acquisition projects and programs are met to confirm that the 
projects or programs meet the requirements identified in the 
mission-analysis and affordability assessment prepared under 
section 571(a)(2), the operational requirements developed under 
section 572(a)(1) and the following development and 
demonstration objectives:
          (1) To demonstrate that the design, manufacturing, 
        and production solution is based upon a stable, 
        producible, and cost-effective product design.
          (2) To ensure that the product capabilities meet 
        contract specifications, acceptable operational 
        performance requirements, and system security 
        requirements.
          (3) To ensure that the product design is mature 
        enough to commit to full production and deployment.
  (b) Tests and Evaluations.--
          (1) In general.--The Commandant shall ensure that the 
        Coast Guard conducts developmental tests and 
        evaluations and operational tests and evaluations of a 
        capability or asset and the subsystems of the 
        capability or asset in accordance with the master plan 
        prepared for the capability or asset under section 
        572(d)(1).
          (2) Use of third parties.--The Commandant shall 
        ensure that the Coast Guard uses independent third 
        parties with expertise in testing and evaluating the 
        capabilities or assets and the subsystems of the 
        capabilities or assets being acquired to conduct 
        developmental tests and evaluations and operational 
        tests and evaluations whenever the Coast Guard lacks 
        the capability to conduct the tests and evaluations 
        required by a master plan.
          (3) Communication of safety concerns.--The Commandant 
        shall require that safety concerns identified during 
        developmental or operational tests and evaluations or 
        through independent or Government-conducted design 
        assessments of capabilities or assets and subsystems of 
        capabilities or assets to be acquired by the Coast 
        Guard shall be communicated as soon as practicable, but 
        not later than 30 days after the completion of the test 
        or assessment event or activity that identified the 
        safety concern, to the program manager for the 
        capability or asset and the subsystems concerned and to 
        the Chief Acquisition Officer.
          (4) Reporting of safety concerns.--Any safety 
        concerns that have been reported to the Chief 
        Acquisition Officer for an acquisition program or 
        project shall be reported by the Commandant to the 
        appropriate congressional committees at least 90 days 
        before the award of any contract or issuance of any 
        delivery order or task order for low, initial, or full-
        rate production of the capability or asset concerned if 
        they will remain uncorrected or unmitigated at the time 
        such a contract is awarded or delivery order or task 
        order is issued. The report shall include a 
        justification for the approval of that level of 
        production of the capability or asset before the safety 
        concerns are corrected or mitigated. The report shall 
        also include an explanation of the actions that will be 
        taken to correct or mitigate the safety concerns, the 
        date by which those actions will be taken, and the 
        adequacy of current funding to correct or mitigate the 
        safety concerns.
          (5) Asset already in low, initial, or full-rate 
        production.--If operational test and evaluation of a 
        capability or asset already in low, initial, or full-
        rate production identifies a safety concern with the 
        capability or asset or any subsystems of the capability 
        or asset not previously identified during developmental 
        or operational test and evaluation, the Commandant 
        shall--
                  (A) notify the program manager and the Chief 
                Acquisition Officer of the safety concern as 
                soon as practicable, but not later than 30 days 
                after the completion of the test and evaluation 
                event or activity that identified the safety 
                concern; and
                  (B) notify the Chief Acquisition Officer and 
                include in such notification--
                          (i) an explanation of the actions 
                        that will be taken to correct or 
                        mitigate the safety concern in all 
                        capabilities or assets and subsystems 
                        of the capabilities or assets yet to be 
                        produced, and the date by which those 
                        actions will be taken;
                          (ii) an explanation of the actions 
                        that will be taken to correct or 
                        mitigate the safety concern in 
                        previously produced capabilities or 
                        assets and subsystems of the 
                        capabilities or assets, and the date by 
                        which those actions will be taken; and
                          (iii) an assessment of the adequacy 
                        of current funding to correct or 
                        mitigate the safety concern in 
                        capabilities or assets and subsystems 
                        of the capabilities or assets and in 
                        previously produced capabilities or 
                        assets and subsystems.
  (c) Technical Certification.--
          (1) In general.--The Commandant shall ensure that any 
        Level 1 or Level 2 acquisition project or program is 
        certified by the technical authority of the Coast Guard 
        after review by an independent third party with 
        capabilities in the mission area, asset, or particular 
        asset component.
          (2) TEMPEST testing.--The Commandant shall--
                  (A) cause all electronics on all aircraft, 
                surface, and shore capabilities and assets that 
                require TEMPEST certification and that are 
                delivered after the date of enactment of the 
                Coast Guard Authorization Act of 2010 to be 
                tested in accordance with TEMPEST standards and 
                communications security (comsec) standards by 
                an independent third party that is authorized 
                by the Federal Government to perform such 
                testing; and
                  (B) certify that the assets meet all 
                applicable TEMPEST requirements.
          (3) Cutter classification.--
                  [(A) In general.--]The Commandant shall cause 
                each cutter, other than a National Security 
                Cutter, acquired by the Coast Guard and 
                delivered after the date of enactment of the 
                Coast Guard Authorization Act of 2010 to be 
                classed by the American Bureau of Shipping 
                before final acceptance and shall maintain such 
                cutter in class.
          (4) Other vessels.--The Commandant shall cause the 
        design and construction of each National Security 
        Cutter, other than National Security Cutters 1, 2, and 
        3, to be assessed by an independent third party with 
        expertise in vessel design and construction 
        certification.
          (5) Aircraft airworthiness.--The Commandant shall 
        cause all aircraft and aircraft engines acquired by the 
        Coast Guard and delivered after the date of enactment 
        of the Coast Guard Authorization Act of 2010 to be 
        assessed for airworthiness by an independent third 
        party with expertise in aircraft and aircraft engine 
        certification before final acceptance.

           *       *       *       *       *       *       *


Sec. 580. Contracting for major acquisitions programs

  (a) In General.--The Commandant of the Coast Guard may enter 
into contracts for major acquisition programs.
  (b) Authorized Methods.--Such contracts--
          (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) may be multiyear contracts that comply with 
        section 2306b of title 10.
  (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.

           *       *       *       *       *       *       *


CHAPTER 17--ADMINISTRATION

           *       *       *       *       *       *       *



Sec. 648. Accounting for industrial work

  (a) In General.--The Secretary may prescribe regulations 
governing accounting for industrial work, including charges for 
overhead for civilian labor and for maintenance of industrial 
plant and equipment, performed at the Coast Guard Yard or such 
similar Coast Guard industrial establishments as he may 
designate. Any orders placed for such industrial work shall be 
covered by a transfer or advance of funds to cover the 
estimated cost thereof, and shall be credited to such accounts 
as may be necessary and established by the Secretary to carry 
out the provisions of this section. Accounts so established 
shall be available for materials, supplies, or equipment, and 
civilian labor, including overhead and maintenance, required in 
performing the work ordered. Upon completion of an order an 
adjustment will be made to make the amount transferred or 
advanced equal to the actual cost as computed in accordance 
with the accounting regulations prescribed by the Secretary or 
in accordance with subsection (b).
  (b) Incentive Contracts.--
          (1) The parties to an order for industrial work to be 
        performed by the Coast Guard Yard or a Coast Guard 
        industrial establishment designated under subsection 
        (a) may enter into an order or a cost-plus-incentive-
        fee order in accordance with this subsection.
          (2) If such parties enter into such an order or a 
        cost-plus-incentive-fee order, an agreed-upon amount of 
        any adjustment described in subsection (a) may be 
        distributed as an incentive to the wage-grade 
        industrial employees who complete the order.
          (3) Before entering into such an order or cost-plus-
        incentive-fee order such parties must agree that the 
        wage-grade employees of the Coast Guard Yard or Coast 
        Guard industrial establishment will take action to 
        improve the delivery schedule or technical performance 
        agreed to in the order for industrial work to which 
        such parties initially agreed.
          (4) Notwithstanding any other provision of law, if 
        the industrial workforce of the Coast Guard Yard or 
        such 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 
                this subsection shall be reduced by such 
                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. 676a. Air facility closures

  (a) Prohibition.--
          [(1) In general.--]The Coast Guard may not--
          [(A)] (1) close a Coast Guard air facility that was 
        in operation on November 30, 2014; or
          [(B)] (2) retire, transfer, relocate, or deploy an 
        aviation asset from an air facility described in 
        [subparagraph (A)] paragraph (1) for the purpose of 
        closing such facility.
          [(2) Sunset.--Paragraph (1) shall have no force or 
        effect beginning on the later of--
          [(A) January 1, 2018; or
          [ B) the date on which the Secretary submits to the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives, and to the Committee on 
        Commerce, Science, and Transportation of the Senate, 
        rotary wing strategic plans prepared in accordance with 
        section 208(b) of the Coast Guard Authorization Act of 
        2016.]
  (b) Closures.--
          (1) In general.--Beginning on January 1, 2018, the 
        Secretary may not close a Coast Guard air facility, 
        except as specified by this section.
          (2) Determinations.--The Secretary may not propose 
        closing or terminating operations at a Coast Guard air 
        facility unless the Secretary determines that--
                  (A) remaining search and rescue capabilities 
                maintain the safety of the maritime public in 
                the area of the air facility;
                  (B) regional or local prevailing weather and 
                marine conditions, including water temperatures 
                or unusual tide and current conditions, do not 
                require continued operation of the air 
                facility; and
                  (C) Coast Guard search and rescue standards 
                related to search and response times are met.
          (3) Public notice and comment.--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.
          (4) Notice to congress.--Prior to closure, cessation 
        of operations, or any significant reduction in 
        personnel and use of a Coast Guard air facility that is 
        in operation on or after December 31, 2015, the 
        Secretary shall--
                  (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 for the fiscal year in 
                which the action will be carried out; and
                  (B) not later than 7 days after the date a 
                proposal for an air facility is submitted 
                pursuant to subparagraph (A), provide written 
                notice of such proposal to each of the 
                following:
                          (i) Each member of the House of 
                        Representatives who represents a 
                        district in which the air facility is 
                        located.
                          (ii) Each member of the Senate who 
                        represents a State in which the air 
                        facility is located.
                          (iii) Each member of the House of 
                        Representatives who represents a 
                        district in which assets of the air 
                        facility conduct search and rescue 
                        operations.
                          (iv) Each member of the Senate who 
                        represents a State in which assets of 
                        the air facility conduct search and 
                        rescue operations.
                          (v) The Committee on Appropriations 
                        of the House of Representatives.
                          (vi) The Committee on Transportation 
                        and Infrastructure of the House of 
                        Representatives.
                          (vii) The Committee on Appropriations 
                        of the Senate.
                          (viii) The Committee on Commerce, 
                        Science, and Transportation of the 
                        Senate.
  (c) Operational Flexibility.--The Secretary may implement any 
reasonable management efficiencies within the air station and 
air facility network, such as modifying the operational posture 
of units or reallocating resources as necessary to ensure the 
safety of the maritime public nationwide.

           *       *       *       *       *       *       *


PART III--COAST GUARD AUTHORIZATIONS AND REPORTS TO CONGRESS

           *       *       *       *       *       *       *


CHAPTER 27--AUTHORIZATIONS

           *       *       *       *       *       *       *



Sec. 2702. Authorization of appropriations

  Funds are authorized to be appropriated for each of [fiscal 
years 2016 and 2017] fiscal years 2018 and 2019 for necessary 
expenses of the Coast Guard as follows:
          (1) For the operation and maintenance of the Coast 
        Guard, not otherwise provided for--
                  [(A) $6,981,036,000 for fiscal year 2016; and
                  [(B) $6,986,815,000 for fiscal year 2017.]
                  (A) $7,263,698,328 for fiscal year 2018; and
                  (B) $7,452,554,484 for fiscal year 2019.
          (2) For the acquisition, construction, renovation, 
        and improvement of aids to navigation, shore 
        facilities, vessels, and aircraft, including equipment 
        related thereto, and for maintenance, rehabilitation, 
        lease, and operation of facilities and equipment--
                  [(A) $1,945,000,000 for fiscal year 2016; and
                  [(B) $1,945,000,000 for fiscal year 2017.]
                  (A) $1,945,000,000 for fiscal year 2018; and
                  (B) $1,945,000,000 for fiscal year 2019.
          (3) For the Coast Guard Reserve program, including 
        operations and maintenance of the program, personnel 
        and training costs, equipment, and services--
                  [(A) $140,016,000 for fiscal year 2016; and
                  [(B) $134,237,000 for fiscal year 2017.]
                  (A) $134,237,000 for fiscal year 2018; and
                  (B) $134,237,000 for fiscal year 2019.
          (4) For the environmental compliance and restoration 
        functions of the Coast Guard under chapter 19 of this 
        title--
                  [(A) $16,701,000 for fiscal year 2016; and
                  [(B) $16,701,000 for fiscal year 2017.]
                  (A) $16,701,000 for fiscal year 2018; and
                  (B) $16,701,000 for fiscal year 2019.
          (5) To the Commandant of the Coast Guard 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--
                  [(A) $19,890,000 for fiscal year 2016; and
                  [(B) $19,890,000 for fiscal year 2017.]
                  (A) $37,263,294 for fiscal year 2018; and
                  (B) $38,232,140 for fiscal year 2019.

           *       *       *       *       *       *       *


Sec. 2704. Authorized levels of military strength and training

  (a) Active Duty Strength.--The Coast Guard is authorized an 
end-of-year strength for active duty personnel of 43,000 [for 
each of fiscal years 2016 and 2017] for fiscal year 2018 and an 
end-of-year strength for such personnel of 44,500 for fiscal 
year 2019.
  (b) Military Training Student Loads.--The Coast Guard is 
authorized average military training student loads for each of 
[fiscal years 2016 and 2017] fiscal years 2018 and 2019 as 
follows:
          (1) For recruit and special training, 2,500 student 
        years.
          (2) For flight training, 165 student years.
          (3) For professional training in military and 
        civilian institutions, 350 student years.
          (4) For officer acquisition, 1,200 student years.

           *       *       *       *       *       *       *

                              ----------                              


PUBLIC LAW 113-281

           *       *       *       *       *       *       *



SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is the following:

     * * * * * * *

                          TITLE II--COAST GUARD

     * * * * * * *
[Sec. 223. Multiyear procurement authority for Offshore Patrol Cutters.]

           *       *       *       *       *       *       *


TITLE II--COAST GUARD

           *       *       *       *       *       *       *


[SEC. 223. MULTIYEAR PROCUREMENT AUTHORITY FOR OFFSHORE PATROL CUTTERS.

  [In fiscal year 2015 and each fiscal year thereafter, the 
Secretary of the department in which the Coast Guard is 
operating may enter into, in accordance with section 2306b of 
title 10, United States Code, multiyear contracts for the 
procurement of Offshore Patrol Cutters and associated 
equipment.]

           *       *       *       *       *       *       *

                              ----------                              


PUBLIC LAW 112-213

           *       *       *       *       *       *       *



TITLE II--COAST GUARD

           *       *       *       *       *       *       *


SEC. 221. NATIONAL SECURITY CUTTERS.

  [(a) In General.--
          [(1) Multiyear authority.--In fiscal year 2013 and 
        each fiscal year thereafter, the Secretary of the 
        department in which the Coast Guard is operating may 
        enter into, in accordance with section 2306b of title 
        10, United States Code, a multiyear contract for the 
        procurement of Coast Guard National Security Cutters 
        and Government-furnished equipment associated with the 
        National Security Cutter program.
          [(2) Limitation.--The Secretary may not enter into a 
        contract under paragraph (1) until the date that is 30 
        days after the date the Secretary submits to the 
        Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a 
        certification that the Secretary has made, with respect 
        to the contract, each of the findings specified under 
        section 2306b(a) of title 10, United States Code, and 
        has done so in accordance with paragraph (3) of this 
        subsection.
          [(3) Determination of substantial savings.--For 
        purposes of this section, in conducting an analysis 
        with respect to substantial savings under section 
        2306b(a)(1) of title 10, United States Code, the 
        Secretary--
                  [(A) may not limit the analysis to a simple 
                percentage-based metric; and
                  [(B) shall employ a full-scale analysis of 
                cost avoidance--
                          [(i) based on a multiyear 
                        procurement; and
                          [(ii) taking into account the 
                        potential benefit any accrued savings 
                        might have for future shipbuilding 
                        programs if the cost avoidance savings 
                        were subsequently utilized for further 
                        ship construction.]
  (b) Certificate To Operate.--The Commandant of the Coast 
Guard may not certify a sixth National Security Cutter as Ready 
for Operations before the Commandant has--
          (1) submitted to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives program execution plans detailing--
                  (A) how the first 3 National Security Cutters 
                will achieve the goal of 225 days away from 
                homeport in fiscal years following the 
                completion of the Structural Enhancement 
                Drydock Availability of the first 2 National 
                Security Cutters; and
                  (B) increased aerial coverage to support 
                National Security Cutter operations; and
          (2) awarded a contract for detailed design and 
        construction for the Offshore Patrol Cutter.

           *       *       *       *       *       *       *

                              ----------                              


                 COAST GUARD AUTHORIZATION ACT OF 2016


(Public Law 114-120)

           *       *       *       *       *       *       *


TITLE II--COAST GUARD

           *       *       *       *       *       *       *


SEC. 204. ACQUISITION REFORM.

  (a) Minimum Performance Standards.--Section 572(d)(3) of 
title 14, United States Code, is amended--
          (1) by redesignating subparagraphs (C) through (H) as 
        subparagraphs (E) through (J), respectively;
          (2) by redesignating subparagraph (B) as subparagraph 
        (C);
          (3) by inserting after subparagraph (A) the 
        following:
                  ``(B) the performance data to be used to 
                determine whether the key performance 
                parameters have been resolved;''; and
          (4) by inserting after subparagraph (C), as 
        redesignated by paragraph (2) of this subsection, the 
        following:
                  ``(D) the results during test and evaluation 
                that will be required to demonstrate that a 
                capability, asset, or subsystem meets 
                performance requirements;''.
  (b) Capital investment plan.--Section 2902 of title 14, 
United States Code, as redesignated and otherwise amended by 
this Act, is further amended--
          (1) in subsection (a)(1)--
                  (A) in subparagraph (B), by striking 
                ``completion;'' and inserting ``completion 
                based on the proposed appropriations included 
                in the budget;''; and
                  (B) in subparagraph (D), by striking ``at the 
                projected funding levels;'' and inserting 
                ``based on the proposed appropriations included 
                in the budget;''; and
          (2) by redesignating subsection (b) as subsection 
        (c), and inserting after subsection (a) the following:
  ``(b) New Capital Assets.--In the fiscal year following each 
fiscal year for which appropriations are enacted for a new 
capital asset, the report submitted under subsection (a) shall 
include--
          ``(1) an estimated life-cycle cost estimate for the 
        new capital asset;
          ``(2) an assessment of the impact the new capital 
        asset will have on--
                  ``(A) delivery dates for each capital asset;
                  ``(B) estimated completion dates for each 
                capital asset;
                  ``(C) the total estimated cost to complete 
                each capital asset; and
                  ``(D) other planned construction or 
                improvement projects; and
          ``(3) recommended funding levels for each capital 
        asset necessary to meet the estimated completion dates 
        and total estimated costs included in the such asset's 
        approved acquisition program baseline.''; and
          (3) by amending subsection (c), as so redesignated, 
        to read as follows:
  ``(c)Definitions.--In this section--
          ``(1) the term `unfunded priority' means a program or 
        mission requirement that--
                  ``(A) has not been selected for funding in 
                the applicable proposed budget;
                  ``(B) is necessary to fulfill a requirement 
                associated with an operational need; and
                  ``(C) 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; and
          ``(2) the term `new capital asset' means--
                  ``(A) an acquisition program that does not 
                have an approved acquisition program baseline; 
                or
                  ``(B) the acquisition of a capital asset in 
                excess of the number included in the approved 
                acquisition program baseline.''.
  (c) Days Away From Homeport.--Not later than 1 year after the 
date of the enactment of this Act, the Commandant of the Coast 
Guard shall--
          [(1) implement a standard for tracking operational 
        days at sea for Coast Guard cutters that does not 
        include days during which such cutters are undergoing 
        maintenance or repair; and]
          (2) notify the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate of the standard implemented under paragraph 
        (1).
  (d) Fixed Wing Aircraft Fleet Mix Analysis.--Not later than 
September 30, 2016, the Commandant of the Coast Guard 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 revised fleet mix 
analysis of Coast Guard fixed wing aircraft.
  (e) Long-term Major Acquisitions Plan.--Section 2903 of title 
14, United States Code, as redesignated and otherwise amended 
by this Act, is further amended--
          (1) by redesignating subsection (e) as subsection 
        (g); and
          (2) by inserting after subsection (d) the following:
  ``(e) Long-Term Major Acquisitions Plan.--Each report under 
subsection (a) shall include a plan that describes for the 
upcoming fiscal year, and for each of the 20 fiscal years 
thereafter--
          ``(1) the numbers and types of cutters and aircraft 
        to be decommissioned;
          ``(2) the numbers and types of cutters and aircraft 
        to be acquired to--
                  ``(A) replace the cutters and aircraft 
                identified under paragraph (1); or
                  ``(B) address an identified capability gap; 
                and
          ``(3) the estimated level of funding in each fiscal 
        year required to--
                  ``(A) acquire the cutters and aircraft 
                identified under paragraph (2);
                  ``(B) acquire related command, control, 
                communications, computer, intelligence, 
                surveillance, and reconnaissance systems; and
                  ``(C) acquire, construct, or renovate 
                shoreside infrastructure.
  ``(f) Quarterly Updates on Risks of Programs.--
          ``(1) In general.--Not later than 15 days after the 
        end of each fiscal year quarter, the Commandant of the 
        Coast Guard shall submit to the committees of Congress 
        specified in subsection (a) an update setting forth a 
        current assessment of the risks associated with all 
        current major acquisition programs.
          ``(2) Elements.--Each update under this subsection 
        shall set forth, for each current major acquisition 
        program, the following:
                  ``(A) The top five current risks to such 
                program.
                  ``(B) Any failure of such program to 
                demonstrate a key performance parameter or 
                threshold during operational test and 
                evaluation conducted during the fiscal year 
                quarter preceding such update.
                  ``(C) Whether there has been any decision 
                during such fiscal year quarter to order full-
                rate production before all key performance 
                parameters or thresholds are met.
                  ``(D) Whether there has been any breach of 
                major acquisition program cost (as defined by 
                the Major Systems Acquisition Manual) during 
                such fiscal year quarter.
                  ``(E) Whether there has been any breach of 
                major acquisition program schedule (as so 
                defined) during such fiscal year quarter.''.

           *       *       *       *       *       *       *


SEC. 207. POLAR ICEBREAKERS.

  [(a) Incremental Funding Authority for Polar Icebreakers.--In 
fiscal year 2016 and each fiscal year thereafter, the 
Commandant of the Coast Guard may enter into a contract or 
contracts for the acquisition of polar icebreakers and 
associated equipment using incremental funding.]
  (b)  ``Polar Sea'' Materiel Condition Assessment and Service 
Life Extension.--Section 222 of the Coast Guard and Maritime 
Transportation Act of 2012 (Public Law 112-213; 126 Stat. 1560) 
is amended--
          (1) by amending subsection (a) to read as follows:
  ``(a) In general.--Not later than 1 year after the date of 
the enactment of the Coast Guard Authorization Act of 2016, the 
Secretary of the department in which the Coast Guard is 
operating shall--
          ``(1) complete a materiel condition assessment with 
        respect to the Polar Sea;
          ``(2) make a determination of whether it is cost 
        effective to reactivate the Polar Sea compared with 
        other options to provide icebreaking services as part 
        of a strategy to maintain polar icebreaking services; 
        and
          ``(3) submit to the Committee on Transportation and 
        Infrastructure and the Committee on Science, Space, and 
        Technology of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate--
                  ``(A) the assessment required under paragraph 
                (1); and
                  ``(B) written notification of the 
                determination required under paragraph (2).'';
          (2) in subsection (b) by striking ``analysis'' and 
        inserting ``written notification'';
          (3) by striking subsection (c);
          (4) by redesignating subsections (d) through (h) as 
        subsections (c) through (g), respectively;
          (5) in subsection (c) (as redesignated by paragraph 
        (4) of this section)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (A) by striking 
                        ``based on the analysis required''; and
                          (ii) in subparagraph (C) by striking 
                        ``analysis'' and inserting ``written 
                        notification'';
                  (B) in paragraph (2)--
                          (i) by striking ``analysis'' each 
                        place it appears and inserting 
                        ``written notification'';
                          (ii) by striking ``subsection (a)'' 
                        and inserting ``subsection (a)(3)(B)'';
                          (iii) by striking ``subsection (c)'' 
                        each place it appears and inserting 
                        ``that subsection''; and
                          (iv) by striking ``under subsection 
                        (a)(5)''; and
                  (C) in paragraph (3)--
                          (i) by striking ``in the analysis 
                        submitted under this section'';
                          (ii) by striking ``(a)(5)'' and 
                        inserting ``(a)'';
                          (iii) by striking ``then'' and all 
                        that follows through ``(A)'' and 
                        inserting ``then'';
                          (iv) by striking ``; or'' and 
                        inserting a period; and
                          (v) by striking subparagraph (B); and
          (6) in subsection (d) (as redesignated by paragraph 
        (4) of this subsection) by striking ``in subsection 
        (d)'' and inserting ``in subsection (c)''.

           *       *       *       *       *       *       *

                              ----------                              


COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2012

           *       *       *       *       *       *       *



TITLE II--COAST GUARD

           *       *       *       *       *       *       *


SEC. 221. NATIONAL SECURITY CUTTERS.

  (a) In General.--
          (1) Multiyear authority.--In fiscal year 2013 and 
        each fiscal year thereafter, the Secretary of the 
        department in which the Coast Guard is operating may 
        enter into, in accordance with section 2306b of title 
        10, United States Code, a multiyear contract for the 
        procurement of Coast Guard National Security Cutters 
        and Government-furnished equipment associated with the 
        National Security Cutter program.
          (2) Limitation.--The Secretary may not enter into a 
        contract under paragraph (1) until the date that is 30 
        days after the date the Secretary submits to the 
        Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a 
        certification that the Secretary has made, with respect 
        to the contract, each of the findings specified under 
        section 2306b(a) of title 10, United States Code, and 
        has done so in accordance with paragraph (3) of this 
        subsection.
          (3) Determination of substantial savings.--For 
        purposes of this section, in conducting an analysis 
        with respect to substantial savings under section 
        2306b(a)(1) of title 10, United States Code, the 
        Secretary--
                  (A) may not limit the analysis to a simple 
                percentage-based metric; and
                  (B) shall employ a full-scale analysis of 
                cost avoidance--
                          (i) based on a multiyear procurement; 
                        and
                          (ii) taking into account the 
                        potential benefit any accrued savings 
                        might have for future shipbuilding 
                        programs if the cost avoidance savings 
                        were subsequently utilized for further 
                        ship construction.
  [(b) Certificate To Operate.--The Commandant of the Coast 
Guard may not certify a sixth National Security Cutter as Ready 
for Operations before the Commandant has--
          [(1) submitted to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives program execution plans detailing--
                  [(A) how the first 3 National Security 
                Cutters will achieve the goal of 225 days away 
                from homeport in fiscal years following the 
                completion of the Structural Enhancement 
                Drydock Availability of the first 2 National 
                Security Cutters; and
                  [(B) increased aerial coverage to support 
                National Security Cutter operations; and
          [(2) awarded a contract for detailed design and 
        construction for the Offshore Patrol Cutter.]

           *       *       *       *       *       *       *

                              ----------                              


COAST GUARD AUTHORIZATION ACT OF 2010

           *       *       *       *       *       *       *



TITLE IV--ACQUISITION REFORM

           *       *       *       *       *       *       *


SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

  (a) In General.--For purposes of [sections 3304, 5333, and 
5753] section 3304 of title 5, United States Code, the 
Commandant of the Coast Guard may--
          (1) designate any category of acquisition positions 
        within the Coast Guard as positions for which there 
        exists a shortage of candidates or there is a critical 
        hiring need; and
          (2) use the authorities in such sections to recruit 
        and appoint highly qualified persons directly to 
        positions so designated.
  (b) Limitation.--The Commandant may not appoint a person to a 
position of employment under this section after September 30, 
[2017.] 2021.
  (c) Reports.--The Commandant shall include in reports under 
section 569a of title 14, United States Code, information 
described in that section regarding positions designated under 
this section.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 46, UNITED STATES CODE

           *       *       *       *       *       *       *



SUBTITLE II--VESSELS AND SEAMEN

           *       *       *       *       *       *       *


PART A--GENERAL PROVISIONS

           *       *       *       *       *       *       *


               CHAPTER 23--OPERATION OF VESSELS GENERALLY


Sec.
2301. Application.
     * * * * * * *
[2307. Limitation of liability for Coast Guard Vessel Traffic Service 
          pilots and non-Federal vessel traffic service operators.]

           *       *       *       *       *       *       *


[Sec. 2307. Limitation of liability for Coast Guard Vessel Traffic 
                    Service pilots and non-Federal vessel traffic 
                    service operators

  [(a) Coast Guard Vessel Traffic Service Pilots.--Any pilot, 
acting in the course and scope of his or her duties while at a 
United States 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.
  [(b) 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.]

           *       *       *       *       *       *       *


              PART B--INSPECTION AND REGULATION OF VESSELS

                          CHAPTER 31--GENERAL


Sec.
3101. Authority to suspend inspection.
     * * * * * * *
3105. Electronic charts.

           *       *       *       *       *       *       *


Sec. 3105. Electronic charts

  (a) System Requirements.--
          (1) Requirements.--Subject to paragraph (2), the 
        following vessels, while operating on the navigable 
        waters of the United States, shall be equipped with and 
        operate electronic charts under regulations prescribed 
        by the Secretary of the department in which the Coast 
        Guard is operating:
                  (A) A self-propelled commercial vessel of at 
                least 65 feet overall length.
                  (B) A vessel carrying more than a number of 
                passengers for hire determined by the 
                Secretary.
                  (C) A towing vessel of more than 26 feet in 
                overall length and 600 horsepower.
                  (D) Any other vessel for which the Secretary 
                decides that electronic charts are necessary 
                for the safe navigation of the vessel.
          (2) Exemptions and waivers.--The Secretary may--
                  (A) exempt a vessel from paragraph (1), if 
                the Secretary finds that electronic charts are 
                not necessary for the safe navigation of the 
                vessel on the waters on which the vessel 
                operates; and
                  (B) waive the application of paragraph (1) 
                with respect to operation of vessels on 
                navigable waters of the United States specified 
                by the Secretary, if the Secretary finds that 
                electronic charts are not needed for safe 
                navigation on those waters.
  (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.

           *       *       *       *       *       *       *


CHAPTER 41--UNINSPECTED VESSELS GENERALLY

           *       *       *       *       *       *       *



Sec. 4105. Uninspected passenger vessels

  (a) Chapter 43 of this title applies to an uninspected 
passenger vessel.
  (b)(1) In applying this title with respect to an uninspected 
vessel of less than 24 meters overall in length that carries 
passengers to or from a port in the United States Virgin 
Islands, the Secretary shall substitute ``12 passengers'' for 
``6 passengers'' each place it appears in section 2101(42) if 
the Secretary determines that the vessel complies with, as 
applicable to the vessel--
                  (A) the Code of Practice for the Safety of 
                Small Commercial Motor Vessels (commonly 
                referred to as the ``Yellow Code''), as 
                published by the U.K. Maritime and Coastguard 
                Agency and in effect on January 1, 2014; or
                  (B) the Code of Practice for the Safety of 
                Small Commercial Sailing Vessels (commonly 
                referred to as the ``Blue Code''), as published 
                by such agency and in effect on such date.
          (2) If the Secretary establishes standards to carry 
        out this subsection--
                  (A) such standards shall be identical to 
                those established in the Codes of Practice 
                referred to in paragraph (1); and
                  (B) on any dates before the date on which 
                such standards are in effect, the Codes of 
                Practice referred to in paragraph (1) shall 
                apply with respect to the vessels referred to 
                in paragraph (1).
  (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(42).
  [(c)] (d) The Secretary shall, by regulation, require certain 
additional equipment which may include liferafts or other 
lifesaving equipment, construction standards, or specify 
additional operating standards for those uninspected passenger 
vessels defined in section 2101(42)(A) of this title.

           *       *       *       *       *       *       *


CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

           *       *       *       *       *       *       *



Sec. 4502. Safety standards

  (a) The Secretary shall prescribe regulations which require 
that each vessel to which this chapter applies shall be 
equipped with--
          (1) readily accessible fire extinguishers capable of 
        promptly and effectively extinguishing a flammable or 
        combustible liquid fuel fire;
          (2) at least one readily accessible life preserver or 
        other lifesaving device for each individual on board;
          (3) an efficient flame arrestor, backfire trap, or 
        other similar device on the carburetors of each inboard 
        engine which uses gasoline as fuel;
          (4) the means to properly and efficiently ventilate 
        enclosed spaces, including engine and fuel tank 
        compartments, so as to remove explosive or flammable 
        gases;
          (5) visual distress signals;
          (6) other equipment required to minimize the risk of 
        injury to the crew during vessel operations, if the 
        Secretary determines that a risk of serious injury 
        exists that can be eliminated or mitigated by that 
        equipment; and
          (7) a placard as required by regulations prescribed 
        under section 10603(b) of this title.
  (b)(1) In addition to the requirements of subsection (a) of 
this section, and subject to section 4503(d), the Secretary 
shall prescribe regulations requiring the installation, 
maintenance, and use of the equipment in paragraph (2) of this 
subsection for vessels to which this chapter applies that--
                  (A) operate beyond 3 nautical miles from the 
                baseline from which the territorial sea of the 
                United States is measured or beyond 3 nautical 
                miles from the coastline of the Great Lakes;
                  (B) operate with more than 16 individuals on 
                board; or
                  (C) in the case of a fish tender vessel, 
                engage in the Aleutian trade.
          (2) The equipment to be required is as follows:
                  (A) alerting and locating equipment, 
                including emergency position indicating radio 
                beacons;
                  (B) a survival craft that ensures that no 
                part of an individual is immersed in water 
                sufficient to accommodate all individuals on 
                board;
                  (C) at least one readily accessible immersion 
                suit for each individual on board that vessel 
                when operating on the waters described in 
                section 3102 of this title;
                  (D) marine radio communications equipment 
                sufficient to effectively communicate with 
                land-based search and rescue facilities;
                  (E) navigation equipment, including 
                compasses, nautical charts, and publications;
                  (F) first aid equipment and medical supplies 
                sufficient for the size and area of operation 
                of the vessel; and
                  (G) ground tackle sufficient for the vessel.
  (c)(1) In addition to the requirements described in 
subsections (a) and (b) of this section, the Secretary may 
prescribe regulations establishing the standards in paragraph 
(2) of this subsection for vessels to which this chapter 
applies that--
                  (A)(i) were built after December 31, 1988, or 
                undergo a major conversion completed after that 
                date; and
                          (ii) operate with more than 16 
                        individuals on board; or
                  (B) in the case of a fish tender vessel, 
                engage in the Aleutian trade.
          (2) The standards shall be minimum safety standards, 
        including standards relating to--
                  (A) navigation equipment, including radars 
                and fathometers;
                  (B) lifesaving equipment, immersion suits, 
                signaling devices, bilge pumps, bilge alarms, 
                life rails, and grab rails;
                  (C) fire protection and firefighting 
                equipment, including fire alarms and portable 
                and semiportable fire extinguishing equipment;
                  (D) use and installation of insulation 
                material;
                  (E) storage methods for flammable or 
                combustible material; and
                  (F) fuel, ventilation, and electrical 
                systems.
  (d)(1) The Secretary shall prescribe regulations for the 
operating stability of a vessel to which this chapter applies--
                  (A) that was built after December 31, 1989; 
                or
                  (B) the physical characteristics of which are 
                substantially altered after December 31, 1989, 
                in a manner that affects the vessel's operating 
                stability.
          (2) The Secretary may accept, as evidence of 
        compliance with this subsection, a certification of 
        compliance issued by the person providing insurance for 
        the vessel or by another qualified person approved by 
        the Secretary.
  (e) In prescribing regulations under this chapter, the 
Secretary--
          (1) shall consider the specialized nature and 
        economics of the operations and the character, design, 
        and construction of the vessel; and
          (2) may not require the alteration of a vessel or 
        associated equipment that was constructed or 
        manufactured before the effective date of the 
        regulation.
  (f) To ensure compliance with the requirements of this 
chapter, the Secretary--
          (1) shall require the individual in charge of a 
        vessel described in subsection (b) to keep a record of 
        equipment maintenance, and required instruction and 
        drills;
          (2) shall examine at dockside a vessel described in 
        subsection (b) at least once every 5 years, and shall 
        issue a certificate of compliance to a vessel meeting 
        the requirements of this chapter; and
          (3) shall complete the first dockside examination of 
        a vessel under this subsection not later than October 
        15, 2015.
  (g)(1) The individual in charge of a vessel described in 
subsection (b) must pass a training program approved by the 
Secretary that meets the requirements in paragraph (2) of this 
subsection and hold a valid certificate issued under that 
program.
          (2) The training program shall--
                  (A) be based on professional knowledge and 
                skill obtained through sea service and hands-on 
                training, including training in seamanship, 
                stability, collision prevention, navigation, 
                fire fighting and prevention, damage control, 
                personal survival, emergency medical care, 
                emergency drills, and weather;
                  (B) require an individual to demonstrate 
                ability to communicate in an emergency 
                situation and understand information found in 
                navigation publications;
                  (C) recognize and give credit for recent past 
                experience in fishing vessel operation; and
                  (D) provide for issuance of a certificate to 
                an individual that has successfully completed 
                the program.
          (3) The Secretary shall prescribe regulations 
        implementing this subsection. The regulations shall 
        require that individuals who are issued a certificate 
        under paragraph (2)(D) must complete refresher training 
        at least once every 5 years as a condition of 
        maintaining the validity of the certificate.
          (4) The Secretary shall establish an electronic 
        database listing the names of individuals who have 
        participated in and received a certificate confirming 
        successful completion of a training program approved by 
        the Secretary under this section.
  (h) A vessel to which this chapter applies shall be 
constructed in a manner that provides a level of safety 
equivalent to the minimum safety standards the Secretary may 
establish for recreational vessels under section 4302, if--
          (1) subsection (b) of this section applies to the 
        vessel;
          (2) the vessel is less than 50 feet overall in 
        length; and
          (3) the vessel is built after January 1, 2010.
  (i)(1) The Secretary shall establish a Fishing Safety 
Training Grants Program to provide funding to municipalities, 
port authorities, other appropriate public entities, not-for-
profit organizations, and other qualified persons that provide 
commercial fishing safety training--
                  (A) to conduct fishing vessel safety training 
                for vessel operators and crewmembers that--
                          (i) in the case of vessel operators, 
                        meets the requirements of subsection 
                        (g); and
                          (ii) in the case of crewmembers, 
                        meets the requirements of subsection 
                        (g)(2)(A), such requirements of 
                        subsection (g)(2)(B) as are appropriate 
                        for crewmembers, and the requirements 
                        of subsections (g)(2)(D), (g)(3), and 
                        (g)(4); and
                  (B) for purchase of safety equipment and 
                training aids for use in those fishing vessel 
                safety training programs.
          (2) The Secretary shall award grants under this 
        subsection on a competitive basis.
          (3) The Federal share of the cost of any activity 
        carried out with a grant under this subsection shall 
        not exceed 75 percent.
          (4) There is authorized to be appropriated $3,000,000 
        for each of fiscal years 2015 through 2017 for grants 
        under this subsection.
  (j)(1) The Secretary shall establish a Fishing Safety 
Research Grant Program to provide funding to individuals in 
academia, members of non-profit organizations and businesses 
involved in fishing and maritime matters, and other persons 
with expertise in fishing safety, to conduct research on 
methods of improving the safety of the commercial fishing 
industry, including vessel design, emergency and survival 
equipment, enhancement of vessel monitoring systems, 
communications devices, de-icing technology, and severe weather 
detection.
          (2) The Secretary shall award grants under this 
        subsection on a competitive basis.
          (3) The Federal share of the cost of any activity 
        carried out with a grant under this subsection shall 
        not exceed 75 percent.
          (4) There is authorized to be appropriated $3,000,000 
        for each fiscal years 2015 through 2017 for activities 
        under this subsection.

Sec. 4503. Fishing, fish tender, and fish processing vessel 
                    certification

  (a) A vessel to which this subsection applies may not be 
operated unless the vessel--
          (1) meets all survey and classification requirements 
        prescribed by the American Bureau of Shipping or 
        another similarly qualified organization approved by 
        the Secretary; and
          (2) has on board a certificate issued by the American 
        Bureau of Shipping or that other organization 
        evidencing compliance with this subsection.
  (b) Except as provided in subsection (d), subsection (a) 
applies to a fish processing vessel to which this chapter 
applies that--
          (1) is built after July 27, 1990; or
          (2) undergoes a major conversion completed after that 
        date.
  (c)(1) Except as provided in paragraph (2), subsection (a) 
applies to a vessel to which section 4502(b) of this title 
applies that is at least 50 feet overall in length and is built 
after July 1, 2013.
          (2) Subsection (a) does not apply to a fishing vessel 
        or fish tender vessel to which section 4502(b) of this 
        title applies, if the vessel--
                  (A) is at least 50 feet overall in length, 
                and not more than 79 feet overall in length as 
                listed on the vessel's certificate of 
                documentation or certificate of number; and
                  (B)(i) is built after the date of the 
                enactment of the Coast Guard Authorization Act 
                of 2016; and
                          (ii) complies with--
                                  (I) the requirements 
                                described in subsection (e); or
                                  (II) the alternative 
                                requirements established by the 
                                Secretary under subsection (f).
  (d)[(1) After January 1, 2020, a fishing vessel, fish 
processing vessel, or fish tender vessel to which section 
4502(b) of this title applies shall comply with an alternate 
safety compliance program that is developed in cooperation with 
the commercial fishing industry and prescribed by the 
Secretary, if the vessel--
                  [(A) is at least 50 feet overall in length;
                  [(B) is built before July 1, 2013; and
                  [(C) is 25 years of age or older.]
          [(2) A fishing vessel, fish processing vessel, or 
        fish tender vessel built before July 1, 2013, that 
        undergoes a major conversion completed after the later 
        of July 1, 2013, or the date the Secretary 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.](1) The Secretary, in cooperation with the 
        commercial fishing industry, may prescribe an 
        alternative safety compliance program that shall apply 
        in lieu of requirements under section 4502(b), for any 
        category of fishing vessels, fish processing vessels, 
        or fish tender vessels that are--
          (A) at least 50 feet overall in length;
          (B) built before July 1, 2013; and
          (C) 25 years of age or older.
  (2) An alternative safety compliance program prescribed under 
paragraph (1) shall apply to a vessel--
          (A) except as provided in subparagraph (B), after the 
        later of January 1, 2020, or the end of the 3-year 
        period beginning on the date on which the Secretary 
        prescribes the program; and
          (B) in the case of a vessel that undergoes a major 
        conversion completed after the later of July 1, 2013, 
        or the date the Secretary establishes standards for the 
        alternate safety compliance program, upon the 
        completion of such conversion.
          (3) Alternative safety compliance programs may be 
        developed for purposes of paragraph (1) for specific 
        regions and fisheries.
          (4) Notwithstanding paragraph (1), vessels owned by a 
        person that owns more than 30 vessels subject to that 
        paragraph are not required to meet the alternate safety 
        compliance requirements of that paragraph until January 
        1, 2030, if that owner enters into a compliance 
        agreement with the Secretary that provides for a fixed 
        schedule for all of the vessels owned by that person to 
        meet requirements of that paragraph by that date and 
        the vessel owner is meeting that schedule.
          (5) A fishing vessel, fish processing vessel, or fish 
        tender vessel to which section 4502(b) of this title 
        applies that was classed before July 1, 2012, shall--
                  (A) remain subject to the requirements of a 
                classification society approved by the 
                Secretary; and
                  (B) have on board a certificate from that 
                society.
  (e) The requirements referred to in subsection 
(c)(2)(B)(ii)(I) are the following:
          (1) The vessel is designed by an individual licensed 
        by a State as a naval architect or marine engineer, and 
        the design incorporates standards equivalent to those 
        prescribed by a classification society to which the 
        Secretary has delegated authority under section 3316 or 
        another qualified organization approved by the 
        Secretary for purposes of this paragraph.
          (2) Construction of the vessel is overseen and 
        certified as being in accordance with its design by a 
        marine surveyor of an organization accepted by the 
        Secretary.
          (3) The vessel--
                  (A) completes a stability test performed by a 
                qualified individual;
                  (B) has written stability and loading 
                instructions from a qualified individual that 
                are provided to the owner or operator; and
                  (C) has an assigned loading mark.
          (4) The vessel is not substantially altered without 
        the review and approval of an individual licensed by a 
        State as a naval architect or marine engineer before 
        the beginning of such substantial alteration.
          (5) The vessel undergoes a condition survey at least 
        twice in 5 years, not to exceed 3 years between 
        surveys, to the satisfaction of a marine surveyor of an 
        organization accepted by the Secretary.
          (6) The vessel undergoes an out-of-water survey at 
        least once every 5 years to the satisfaction of a 
        certified marine surveyor of an organization accepted 
        by the Secretary.
          (7) Once every 5 years and at the time of a 
        substantial alteration to such vessel, compliance of 
        the vessel with the requirements of paragraph (3) is 
        reviewed and updated as necessary.
          (8) For the life of the vessel, the owner of the 
        vessel maintains records to demonstrate compliance with 
        this subsection and makes such records readily 
        available for inspection by an official authorized to 
        enforce this chapter.
  (f)(1) Not later than 10 years after the date of the 
enactment of the Coast Guard Authorization Act of 2016, 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 a report that provides an analysis of the adequacy of 
the requirements under subsection (e) in maintaining the safety 
of the fishing vessels and fish tender vessels which are 
described in subsection (c)(2) and which comply with the 
requirements of subsection (e).
          (2) If the report required under this subsection 
        includes a determination that the safety requirements 
        under subsection (e) are not adequate or that 
        additional safety measures are necessary, then the 
        Secretary may establish an alternative safety 
        compliance program for fishing vessels or fish tender 
        vessels (or both) which are described in subsection 
        (c)(2) and which comply with the requirements of 
        subsection (e).
          (3) The alternative safety compliance program 
        established under this subsection shall include 
        requirements for--
                  (A) vessel construction;
                  (B) a vessel stability test;
                  (C) vessel stability and loading 
                instructions;
                  (D) an assigned vessel loading mark;
                  (E) a vessel condition survey at least twice 
                in 5 years, not to exceed 3 years between 
                surveys;
                  (F) an out-of-water vessel survey at least 
                once every 5 years;
                  (G) maintenance of records to demonstrate 
                compliance with the program, and the 
                availability of such records for inspection; 
                and
                  (H) such other aspects of vessel safety as 
                the Secretary considers appropriate.
  (g) For the purposes of this section, the term ``built'' 
means, with respect to a vessel, that the vessel's construction 
has reached any of the following stages:
          (1) The vessel's keel is laid.
          (2) 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.

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PART E--MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS

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CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY

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Sec. 70103. Maritime transportation security plans

  (a) National Maritime Transportation Security Plan(1) Not 
later than April 1, 2005, the Secretary shall prepare a 
National Maritime Transportation Security Plan for deterring 
and responding to a transportation security incident.
          (2) The National Maritime Transportation Security 
        Plan shall provide for efficient, coordinated, and 
        effective action to deter and minimize damage from a 
        transportation security incident, and shall include the 
        following:
                  (A) Assignment of duties and responsibilities 
                among Federal departments and agencies and 
                coordination with State and local governmental 
                agencies.
                  (B) Identification of security resources.
                  (C) Procedures and techniques to be employed 
                in deterring a national transportation security 
                incident.
                  (D) Establishment of procedures for the 
                coordination of activities of--
                          (i) Coast Guard maritime security 
                        teams established under this chapter; 
                        and
                          (ii) Federal Maritime Security 
                        Coordinators required under this 
                        chapter.
                  (E) A system of surveillance and notice 
                designed to safeguard against as well as ensure 
                earliest possible notice of a transportation 
                security incident and imminent threats of such 
                a security incident to the appropriate State 
                and Federal agencies.
                  (F) Establishment of criteria and procedures 
                to ensure immediate and effective Federal 
                identification of a transportation security 
                incident, or the substantial threat of such a 
                security incident.
                  (G) Designation of--
                          (i) areas for which Area Maritime 
                        Transportation Security Plans are 
                        required to be prepared under 
                        subsection (b); and
                          (ii) a Coast Guard official who shall 
                        be the Federal Maritime Security 
                        Coordinator for each such area.
                  (H) A risk-based system for evaluating the 
                potential for violations of security zones 
                designated by the Secretary on the waters 
                subject to the jurisdiction of the United 
                States.
                  (I) A recognition of certified systems of 
                intermodal transportation.
                  (J) A plan for ensuring that the flow of 
                cargo through United States ports is 
                reestablished as efficiently and quickly as 
                possible after a transportation security 
                incident.
          (3) The Secretary shall, as the Secretary considers 
        advisable, revise or otherwise amend the National 
        Maritime Transportation Security Plan.
          (4) Actions by Federal agencies to deter and minimize 
        damage from a transportation security incident shall, 
        to the greatest extent possible, be in accordance with 
        the National Maritime Transportation Security Plan.
          (5) The Secretary shall inform vessel and facility 
        owners or operators of the provisions in the National 
        Transportation Security Plan that the Secretary 
        considers necessary for security purposes.
  (b) Area Maritime Transportation Security Plans(1) The 
Federal Maritime Security Coordinator designated under 
subsection (a)(2)(G) for an area shall--
                  (A) submit to the Secretary an Area Maritime 
                Transportation Security Plan for the area; and
                  (B) solicit advice from the Area Security 
                Advisory Committee required under this chapter, 
                for the area to assure preplanning of joint 
                deterrence efforts, including appropriate 
                procedures for deterrence of a transportation 
                security incident.
          (2) The Area Maritime Transportation Security Plan 
        for an area shall--
                  (A) when implemented in conjunction with the 
                National Maritime Transportation Security Plan, 
                be adequate to deter a transportation security 
                incident in or near the area to the maximum 
                extent practicable;
                  (B) describe the area and infrastructure 
                covered by the plan, including the areas of 
                population or special economic, environmental, 
                or national security importance that might be 
                damaged by a transportation security incident;
                  (C) describe in detail how the plan is 
                integrated with other Area Maritime 
                Transportation Security Plans, and with 
                facility security plans and vessel security 
                plans under this section;
                  (D) include consultation and coordination 
                with the Department of Defense on matters 
                relating to Department of Defense facilities 
                and vessels;
                  (E) establish area response and recovery 
                protocols to prepare for, respond to, mitigate 
                against, and recover from a transportation 
                security incident consistent with section 202 
                of the SAFE Port Act of 2006 (6 U.S.C. 942) and 
                subsection (a) of this section;
                  (F) include any other information the 
                Secretary requires;
                  (G) include a salvage response plan--
                          (i) to identify salvage equipment 
                        capable of restoring operational trade 
                        capacity; and
                          (ii) to ensure that the waterways are 
                        cleared and the flow of commerce 
                        through United States ports is 
                        reestablished as efficiently and 
                        quickly as possible after a maritime 
                        transportation security incident; and
                  (H) be updated at least every 5 years by the 
                Federal Maritime Security Coordinator.
          (3) The Secretary shall--
                  (A) review and approve Area Maritime 
                Transportation Security Plans under this 
                subsection; and
                  (B) periodically review previously approved 
                Area Maritime Transportation Security Plans.
          (4) In security zones designated by the Secretary in 
        each Area Maritime Transportation Security Plan, the 
        Secretary shall consider--
                  (A) the use of public/private partnerships to 
                enforce security within the security zones, 
                shoreside protection alternatives, and the 
                environmental, public safety, and relative 
                effectiveness of such alternatives; and
                  (B) technological means of enhancing the 
                security zones of port, territorial waters, and 
                waterways of the United States.
  (c) Vessel and Facility Security Plans(1) Within 6 months 
after the prescription of interim final regulations on vessel 
and facility security plans, an owner or operator of a vessel 
or facility described in paragraph (2) shall prepare and submit 
to the Secretary a security plan for the vessel or facility, 
for deterring a transportation security incident to the maximum 
extent practicable.
          (2) The vessels and facilities referred to in 
        paragraph (1)--
                  (A) except as provided in subparagraph (B), 
                are vessels and facilities that the Secretary 
                believes may be involved in a transportation 
                security incident; and
                  (B) do not include any vessel or facility 
                owned or operated by the Department of Defense.
          (3) A security plan required under this subsection 
        shall--
                  (A) be consistent with the requirements of 
                the National Maritime Transportation Security 
                Plan and Area Maritime Transportation Security 
                Plans;
                  (B) identify the qualified individual having 
                full authority to implement security actions, 
                and require immediate communications between 
                that individual and the appropriate Federal 
                official and the persons providing personnel 
                and equipment pursuant to subparagraph (C);
                  (C) include provisions for--
                          (i) establishing and maintaining 
                        physical security, passenger and cargo 
                        security, and personnel security;
                          (ii) establishing and controlling 
                        access to secure areas of the vessel or 
                        facility, including access by persons 
                        engaged in the surface transportation 
                        of intermodal containers in or out of a 
                        port facility;
                          (iii) procedural security policies;
                          (iv) communications systems; and
                          (v) other security systems;
                  (D) identify, and ensure by contract or other 
                means approved by the Secretary, the 
                availability of security measures necessary to 
                deter to the maximum extent practicable a 
                transportation security incident or a 
                substantial threat of such a security incident;
                  (E) describe the training, periodic 
                unannounced drills, and security actions of 
                persons on the vessel or at the facility, to be 
                carried out under the plan to deter to the 
                maximum extent practicable a transportation 
                security incident, or a substantial threat of 
                such a security incident;
                  (F) provide a strategy and timeline for 
                conducting training and periodic unannounced 
                drills;
                  (G) be updated at least every 5 years;
                  (H) be resubmitted for approval of each 
                change to the vessel or facility that may 
                substantially affect the security of the vessel 
                or facility; and
                  (I) in the case of a security plan for a 
                facility, be resubmitted for approval of each 
                change in the ownership or operator of the 
                facility that may substantially affect the 
                security of the facility.
          (4) The Secretary shall--
                  (A) promptly review each such plan;
                  (B) require amendments to any plan that does 
                not meet the requirements of this subsection;
                  (C) approve any plan that meets the 
                requirements of this subsection; and
                  (D) subject to the availability of 
                appropriations, verify the effectiveness of 
                each such facility security plan periodically, 
                but not less than 2 times per year, at least 1 
                of which shall be an inspection of the facility 
                that is conducted without notice to the 
                facility.
          (5) A vessel or facility for which a plan is required 
        to be submitted under this subsection may not operate 
        after the end of the 12-month period beginning on the 
        date of the prescription of interim final regulations 
        on vessel and facility security plans, unless--
                  (A) the plan has been approved by the 
                Secretary; and
                  (B) the vessel or facility is operating in 
                compliance with the plan.
          (6) Notwithstanding paragraph (5), the Secretary may 
        authorize a vessel or facility to operate without a 
        security plan approved under this subsection, until not 
        later than 1 year after the date of the submission to 
        the Secretary of a plan for the vessel or facility, if 
        the owner or operator of the vessel or facility 
        certifies that the owner or operator has ensured by 
        contract or other means approved by the Secretary to 
        deter to the maximum extent practicable a 
        transportation security incident or a substantial 
        threat of such a security incident.
          (7) The Secretary shall require each owner or 
        operator of a vessel or facility located within or 
        adjacent to waters subject to the jurisdiction of the 
        United States to implement any necessary interim 
        security measures, including cargo security programs, 
        to deter to the maximum extent practicable a 
        transportation security incident until the security 
        plan for that vessel or facility operator is approved.
          (8)(A) The Secretary shall require that the qualified 
        individual having full authority to implement security 
        actions for a facility described in paragraph (2) shall 
        be a citizen of the United States.
                  (B) The Secretary may waive the requirement 
                of subparagraph (A) with respect to an 
                individual if the Secretary determines that it 
                is appropriate to do so based on a complete 
                background check of the individual and a review 
                of all terrorist watch lists to ensure that the 
                individual is not identified on any such 
                terrorist watch list.
  (d) Nondisclosure of Information
          (1) In general Information developed under this 
        section or sections 70102, 70104, and 70108 is not 
        required to be disclosed to the public, including--
                  (A) facility security plans, vessel security 
                plans, and port vulnerability assessments; and
                  (B) other information related to security 
                plans, procedures, or programs for vessels or 
                facilities authorized under this section or 
                sections 70102, 70104, and 70108.
          (2) Limitations Nothing in paragraph (1) shall be 
        construed to authorize the designation of information 
        as sensitive security information (as defined in 
        section 1520.5 of title 49, Code of Federal 
        Regulations)--
                  (A) to conceal a violation of law, 
                inefficiency, or administrative error;
                  (B) to prevent embarrassment to a person, 
                organization, or agency;
                  (C) to restrain competition; or
                  (D) to prevent or delay the release of 
                information that does not require protection in 
                the interest of transportation security, 
                including basic scientific research information 
                not clearly related to transportation security.
  (e) Especially Hazardous Cargo
          (1) Enforcement of security zones Consistent with 
        other provisions of Federal law, the Coast Guard shall 
        coordinate and be responsible for the enforcement of 
        any Federal security zone established by the Coast 
        Guard around a vessel containing especially hazardous 
        cargo. The Coast Guard shall allocate available 
        resources so as to deter and respond to a 
        transportation security incident, to the maximum extent 
        practicable, and to protect lives or protect property 
        in danger.
          (2) Resource deficiency reporting
                  (A) In general When the Secretary submits the 
                annual budget request for a fiscal year for the 
                department in which the Coast Guard is 
                operating to the Office of Management and 
                Budget, the Secretary shall provide to the 
                Committees on Homeland Security and 
                Transportation and Infrastructure of the House 
                of Representatives and the Committee on 
                Commerce, Science, and Transportation of the 
                Senate a report that includes--
                          (i) for the last full fiscal year 
                        preceding the report, a statement of 
                        the number of security zones 
                        established for especially hazardous 
                        cargo shipments;
                          (ii) for the last full fiscal year 
                        preceding the report, a statement of 
                        the number of especially hazardous 
                        cargo shipments provided a waterborne 
                        security escort, subdivided by Federal, 
                        State, local, or private security; and
                          (iii) an assessment as to any 
                        additional vessels, personnel, 
                        infrastructure, and other resources 
                        necessary to provide waterborne escorts 
                        to those especially hazardous cargo 
                        shipments for which a security zone is 
                        established.
                  (B) Especially hazardous cargo defined In 
                this subsection, the term ``especially 
                hazardous cargo'' means anhydrous ammonia, 
                ammonium nitrate, chlorine, liquefied natural 
                gas, liquiefied petroleum gas, and any other 
                substance, material, or group or class of 
                material, in a particular amount and form that 
                the Secretary determines by regulation poses a 
                significant risk of creating a transportation 
                security incident while being transported in 
                maritime commerce.
  (f) Nondisclosure of Port Security Plans.--Notwithstanding 
any other provision of law, information related to security 
plans, procedures, or programs for passenger vessels or 
passenger terminals authorized under this chapter is not 
required to be disclosed to the public.

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Sec. 7106. Duration of licenses

  (a) In General.--A license issued under this part is valid 
for a 5-year period and may be renewed for additional 5-year 
periods; except that the validity of a license issued to a 
radio officer is conditioned on the continuous possession by 
the holder of a first-class or second-class radiotelegraph 
operator license issued by the Federal Communications 
Commission.
  (b) Advance Renewals.--A renewed license issued under this 
part may be issued up to 8 months in advance but is not 
effective until the date that the previously issued license 
expires or until the completion of any active suspension or 
revocation of that previously issued [merchant mariner's 
document,] license, whichever is later.

Sec. 7107. Duration of certificates of registry

  (a) In General.--A certificate of registry issued under this 
part is valid for a 5-year period and may be renewed for 
additional 5-year periods; except that the validity of a 
certificate issued to a medical doctor or professional nurse is 
conditioned on the continuous possession by the holder of a 
license as a medical doctor or registered nurse, respectively, 
issued by a State.
  (b) Advance Renewals.--A renewed certificate of registry 
issued under this part may be issued up to 8 months in advance 
but is not effective until the date that the previously issued 
certificate of registry expires or until the completion of any 
active suspension or revocation of that previously issued 
[merchant mariner's document,] certificate of registry, 
whichever is later.

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   CHAPTER 75--GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND 
DOCUMENTATION

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Sec. 7507. Authority to extend the duration of licenses, certificates 
                    of registry, and merchant mariner documents

  (a) Licenses and Certificates of Registry.--Notwithstanding 
sections 7106 and 7107, the Secretary of the department in 
which the Coast Guard is operating may--
          (1) extend for not more than one year an expiring 
        license or certificate of registry issued for an 
        individual under chapter 71 if the Secretary determines 
        that the extension is required to enable the Coast 
        Guard to eliminate a backlog in processing applications 
        for those licenses or certificates of registry or in 
        response to a national emergency or natural disaster, 
        as deemed necessary by the Secretary; or
          (2) issue for not more than five years an expiring 
        license or certificate of registry issued for an 
        individual under chapter 71 for the exclusive purpose 
        of aligning the expiration date of such license or 
        certificate of registry with the expiration date of a 
        merchant mariner's document.
  (b) Merchant Mariner Documents.--Notwithstanding section 
7302(g), the Secretary may--
          (1) extend for not more than one year an expiring 
        merchant mariner's document issued for an individual 
        under chapter 73 if the Secretary determines that the 
        extension is required to enable the Coast Guard to 
        eliminate a backlog in processing applications for 
        those [licenses or certificates of registry] merchant 
        mariner documents or in response to a national 
        emergency or natural disaster, as deemed necessary by 
        the Secretary; or
          (2) issue for not more than five years an expiring 
        merchant mariner's document issued for an individual 
        under chapter 73 for the exclusive purpose of aligning 
        the expiration date of such merchant mariner's document 
        with the expiration date of a [merchant mariner's 
        document.] license or certificate of registry.
  (c) Manner of Extension.--Any extensions granted under this 
section may be granted to individual seamen or a specifically 
identified group of seamen.

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PART G--MERCHANT SEAMEN PROTECTION AND RELIEF

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CHAPTER 113--OFFICIAL LOGBOOKS

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Sec. 11304. Additional logbook and entry requirements

  (a) A vessel of the United States that is subject to 
inspection under section 3301 of this title, except a vessel on 
a voyage from a port in the United States to a port in Canada, 
shall have [an official] a logbook, which shall be kept 
available for review by the Secretary on request.
  (b) The [log book] logbook required by subsection (a) shall 
include the following entries:
          (1) The time when each seaman and each officer 
        assumed or relieved the watch.
          (2) The number of hours in service to the vessels of 
        each seaman and each officer.
          [(3) An account of each accident, illness, and injury 
        that occurs during each watch.]
          (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.

           *       *       *       *       *       *       *


PART H--IDENTIFICATION OF VESSELS

           *       *       *       *       *       *       *


CHAPTER 121--DOCUMENTATION OF VESSELS

           *       *       *       *       *       *       *



SUBCHAPTER II--ENDORSEMENTS AND SPECIAL DOCUMENTATION

           *       *       *       *       *       *       *



Sec. 12114. Recreational endorsement

  (a) Requirements.--A recreational endorsement may be issued 
for a vessel that satisfies the requirements of section 12103 
of this title.
  (b) Authorized Activity.--A vessel operating under a 
recreational endorsement may be operated only for pleasure.
  (c) Application of Customs Laws.--A vessel for which a 
recreational endorsement is issued may proceed between a port 
of the United States and a port of a foreign country without 
entering or clearing with the Secretary of Homeland Security. 
However, a recreational vessel is subject to the requirements 
for reporting arrivals under section 433 of the Tariff Act of 
1930 (19 U.S.C. 1433), and individuals on the vessel are 
subject to applicable customs regulations.
  (d) Effective Period.--A recreational endorsement for a 
vessel--
          (1) except as provided in paragraph (3), shall be 
        effective for 5 years;
          (2) shall require the owner of the vessel to notify 
        the Coast Guard of each change in the information on 
        which the issuance of the certificate of documentation 
        is based that occurs before the expiration of the 
        certificate under this subsection, by not later than 30 
        days after such change; and
          (3) 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.
  (e) 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.
  (f) Authority.--
          (1) Requirement.--The Secretary shall assess and 
        collect a fee for the issuance or renewal of a 
        recreational endorsement, that is equivalent to the fee 
        established for the issuance or renewal, respectively, 
        of a fishery endorsement pursuant to section 2110.
          (2) Treatment.--Fees collected under this 
        subsection--
                  (A) shall be credited to the account from 
                which the costs of such issuance or renewal 
                were paid; and
                  (B) may remain available until expended.

           *       *       *       *       *       *       *


              CHAPTER 123--NUMBERING UNDOCUMENTED VESSELS


Sec. 12301. Numbering vessels

  (a) An undocumented vessel equipped with propulsion machinery 
of any kind shall have a number issued by the proper issuing 
authority in the State in which the vessel principally is 
operated.
  (b) The Secretary [shall] may require an undocumented barge 
of more than 100 gross tons operating on the navigable waters 
of the United States to be numbered.

           *       *       *       *       *       *       *


              Subtitle VII--SECURITY AND DRUG ENFORCEMENT

Chapter                                                             Sec.
      Ports and Waterways Safety..................................70001.
70101ort Security.....................................................

           *       *       *       *       *       *       *


                CHAPTER 700--PORTS AND WATERWAYS SAFETY

                     Subchapter A--Vessel Operations

Sec.
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 A--VESSEL OPERATIONS

Sec. 70001. Vessel traffic services

  (a) Subject to the requirements of section 70004, the 
Secretary--
          (1) in any port or place under the jurisdiction of 
        the United States, in the navigable waters of the 
        United States, or in any area covered by an 
        international agreement negotiated pursuant to section 
        70005, may construct, operate, maintain, improve, or 
        expand vessel traffic services, that consist of 
        measures for controlling or supervising vessel traffic 
        or for protecting navigation and the marine environment 
        and that may include one or more of reporting and 
        operating requirements, surveillance and communications 
        systems, routing systems, and fairways;
          (2) shall require appropriate vessels that operate in 
        an area of a vessel traffic service to utilize or 
        comply with that service;
          (3)(A) may require vessels to install and use 
        specified navigation equipment, communications 
        equipment, electronic relative motion analyzer 
        equipment, or any electronic or other device necessary 
        to comply with a vessel traffic service or that is 
        necessary in the interests of vessel safety.
          (B) Notwithstanding subparagraph (A), the Secretary 
        shall not require fishing vessels under 300 gross tons 
        as measured under section 14502, or an alternate 
        tonnage measured under section 14302 as prescribed by 
        the Secretary under section 14104, or recreational 
        vessels 65 feet or less to possess or use the equipment 
        or devices required by this subsection solely under the 
        authority of this chapter;
          (4) may control vessel traffic in areas subject to 
        the jurisdiction of the United States that the 
        Secretary determines to be hazardous, or under 
        conditions of reduced visibility, adverse weather, 
        vessel congestion, or other hazardous circumstances, 
        by--
                  (A) specifying times of entry, movement, or 
                departure;
                  (B) establishing vessel traffic routing 
                schemes;
                  (C) establishing vessel size, speed, or draft 
                limitations and vessel operating conditions; 
                and
                  (D) restricting operation, in any hazardous 
                area or under hazardous conditions, to vessels 
                that have particular operating characteristics 
                or capabilities that the Secretary considers 
                necessary for safe operation under the 
                circumstances;
          (5) may require the receipt of prearrival messages 
        from any vessel, destined for a port or place subject 
        to the jurisdiction of the United States, in sufficient 
        time to permit advance vessel traffic planning before 
        port entry, which shall include any information that is 
        not already a matter of record and that the Secretary 
        determines necessary for the control of the vessel and 
        the safety of the port or the marine environment; and
          (6) may prohibit the use on vessels of electronic or 
        other devices that interfere with communication and 
        navigation equipment, except that such authority shall 
        not apply to electronic or other devices certified to 
        transmit in the maritime services by the Federal 
        Communications Commission and used within the frequency 
        bands 157.1875-157.4375 MHz and 161.7875-162.0375 MHz.
  (b) Cooperative Agreements.--
          (1) In general.--The Secretary may enter into 
        cooperative agreements with public or private agencies, 
        authorities, associations, institutions, corporations, 
        organizations, or other persons to carry out the 
        functions under subsection (a)(1).
          (2) Limitation.--
                  (A) A nongovernmental entity may not under 
                this subsection carry out an inherently 
                governmental function.
                  (B) As used in this paragraph, the term 
                ``inherently governmental function'' means any 
                activity that is so intimately related to the 
                public interest as to mandate performance by an 
                officer or employee of the Federal Government, 
                including an activity that requires either the 
                exercise of discretion in applying the 
                authority of the Government or the use of 
                judgment in making a decision for the 
                Government.
  (c) Limitation of Liability for Coast Guard Vessel Traffic 
Service Pilots and Non-Federal Vessel Traffic Service 
Operators.--
          (1) Coast guard vessel traffic service pilots.--Any 
        pilot, acting in the course and scope of his or her 
        duties while at a Coast Guard Vessel Traffic Service, 
        who provides information, advice, or communication 
        assistance while under the supervision of a Coast Guard 
        officer, member, or employee shall not be liable for 
        damages caused by or related to such assistance unless 
        the acts or omissions of such pilot constitute gross 
        negligence or willful misconduct.
          (2) Non-federal vessel traffic service operators.--An 
        entity operating a non-Federal vessel traffic 
        information service or advisory service pursuant to a 
        duly executed written agreement with the Coast Guard, 
        and any pilot acting on behalf of such entity, is not 
        liable for damages caused by or related to information, 
        advice, or communication assistance provided by such 
        entity or pilot while so operating or acting unless the 
        acts or omissions of such entity or pilot constitute 
        gross negligence or willful misconduct.

Sec. 70002. Special powers

  The Secretary may order any vessel, in a port or place 
subject to the jurisdiction of the United States or in the 
navigable waters of the United States, to operate or anchor in 
a manner the Secretary directs if--
          (1) the Secretary has reasonable cause to believe 
        such vessel does not comply with any regulation issued 
        under this chapter or any other applicable law or 
        treaty;
          (2) the Secretary determines such vessel does not 
        satisfy the conditions for port entry set forth in 
        section 70021 of this title; or
          (3) by reason of weather, visibility, sea conditions, 
        port congestion, other hazardous circumstances, or the 
        condition of such vessel, the Secretary is satisfied 
        such direction is justified in the interest of safety.

Sec. 70003. Port access routes

  (a) Authority To Designate.--Except as provided in subsection 
(b) and subject to the requirements of subsection (c), in order 
to provide safe access routes for the movement of vessel 
traffic proceeding to or from ports or places subject to the 
jurisdiction of the United States, the Secretary shall 
designate necessary fairways and traffic separation schemes for 
vessels operating in the territorial sea of the United States 
and in high seas approaches, outside the territorial sea, to 
such ports or places. Such a designation shall recognize, 
within the designated area, the paramount right of navigation 
over all other uses.
  (b) Limitation.--
          (1) In general.--No designation may be made by the 
        Secretary under this section if--
                  (A) the Secretary determines such a 
                designation, as implemented, would deprive any 
                person of the effective exercise of a right 
                granted by a lease or permit executed or issued 
                under other applicable provisions of law; and
                  (B) such right has became vested before the 
                time of publication of the notice required by 
                paragraph (1) of subsection (c).
          (2) Consultation required.--The Secretary shall make 
        the determination under paragraph (1)(A) after 
        consultation with the head of the agency responsible 
        for executing the lease or issuing the permit.
  (c) Consideration of Other Uses.--Before making a designation 
under subsection (a), and in accordance with the requirements 
of section 70004, the Secretary shall--
          (1) undertake a study of the potential traffic 
        density and the need for safe access routes for vessels 
        in any area for which fairways or traffic separation 
        schemes are proposed or that may otherwise be 
        considered and publish notice of such undertaking in 
        the Federal Register;
          (2) in consultation with the Secretary of State, the 
        Secretary of the Interior, the Secretary of Commerce, 
        the Secretary of the Army, and the Governors of 
        affected States, as their responsibilities may require, 
        take into account all other uses of the area under 
        consideration, including, as appropriate, the 
        exploration for, or exploitation of, oil, gas, or other 
        mineral resources, the construction or operation of 
        deepwater ports or other structures on or above the 
        seabed or subsoil of the submerged lands or the Outer 
        Continental Shelf of the United States, the 
        establishment or operation of marine or estuarine 
        sanctuaries, and activities involving recreational or 
        commercial fishing; and
          (3) to the extent practicable, reconcile the need for 
        safe access routes with the needs of all other 
        reasonable uses of the area involved.
  (d) Study.--In carrying out the Secretary's responsibilities 
under subsection (c), the Secretary shall--
          (1) proceed expeditiously to complete any study 
        undertaken; and
          (2) after completion of such a study, promptly--
                  (A) issue a notice of proposed rulemaking for 
                the designation contemplated; or
                  (B) publish in the Federal Register a notice 
                that no designation is contemplated as a result 
                of the study and the reason for such 
                determination.
  (e) Implementation of Designation.--In connection with a 
designation made under this section, the Secretary--
          (1) shall issue reasonable rules and regulations 
        governing the use of such designated areas, including 
        rules and regulations regarding the applicability of 
        rules 9 and 10 of the International Regulations for 
        Preventing Collisions at Sea, 1972, relating to narrow 
        channels and traffic separation schemes, respectively, 
        in waters where such regulations apply;
          (2) to the extent that the Secretary finds reasonable 
        and necessary to effectuate the purposes of the 
        designation, make the use of designated fairways and 
        traffic separation schemes mandatory for specific types 
        and sizes of vessels, foreign and domestic, operating 
        in the territorial sea of the United States and for 
        specific types and sizes of vessels of the United 
        States operating on the high seas beyond the 
        territorial sea of the United States;
          (3) may, from time to time, as necessary, adjust the 
        location or limits of designated fairways or traffic 
        separation schemes in order to accommodate the needs of 
        other uses that cannot be reasonably accommodated 
        otherwise, except that such an adjustment may not, in 
        the judgment of the Secretary, unacceptably adversely 
        affect the purpose for which the existing designation 
        was made and the need for which continues; and
          (4) shall, through appropriate channels--
                  (A) notify cognizant international 
                organizations of any designation, or adjustment 
                thereof; and
                  (B) take action to seek the cooperation of 
                foreign States in making it mandatory for 
                vessels under their control to use, to the same 
                extent as required by the Secretary for vessels 
                of the United States, any fairway or traffic 
                separation scheme designated under this section 
                in any area of the high seas.

Sec. 70004. Considerations by Secretary

  In carrying out the duties of the Secretary under sections 
70001, 70002, and 70003, the Secretary shall--
          (1) take into account all relevant factors concerning 
        navigation and vessel safety, protection of the marine 
        environment, and the safety and security of United 
        States ports and waterways, including--
                  (A) the scope and degree of the risk or 
                hazard involved;
                  (B) vessel traffic characteristics and 
                trends, including traffic volume, the sizes and 
                types of vessels involved, potential 
                interference with the flow of commercial 
                traffic, the presence of any unusual cargoes, 
                and other similar factors;
                  (C) port and waterway configurations and 
                variations in local conditions of geography, 
                climate, and other similar factors;
                  (D) the need for granting exemptions for the 
                installation and use of equipment or devices 
                for use with vessel traffic services for 
                certain classes of small vessels, such as self-
                propelled fishing vessels and recreational 
                vessels;
                  (E) the proximity of fishing grounds, oil and 
                gas drilling and production operations, or any 
                other potential or actual conflicting activity;
                  (F) environmental factors;
                  (G) economic impact and effects;
                  (H) existing vessel traffic services; and
                  (I) local practices and customs, including 
                voluntary arrangements and agreements within 
                the maritime community; and
          (2) at the earliest possible time, consult with and 
        receive and consider the views of representatives of 
        the maritime community, ports and harbor authorities or 
        associations, environmental groups, and other persons 
        who may be affected by the proposed actions.

Sec. 70005. International agreements

  (a) Transmittal of Regulations.--The Secretary shall 
transmit, via the Secretary of State, to appropriate 
international bodies or forums, any regulations issued under 
this subchapter, for consideration as international standards.
  (b) Agreements.--The President is authorized and encouraged 
to--
          (1) enter into negotiations and conclude and execute 
        agreements with neighboring nations, to establish 
        compatible vessel standards and vessel traffic 
        services, and to establish, operate, and maintain 
        international vessel traffic services, in areas and 
        under circumstances of mutual concern; and
          (2) enter into negotiations, through appropriate 
        international bodies, and conclude and execute 
        agreements to establish vessel traffic services in 
        appropriate areas of the high seas.
  (c) Operations.--The Secretary, pursuant to any agreement 
negotiated under subsection (b) that is binding upon the United 
States in accordance with constitutional requirements, may--
          (1) require vessels operating in an area of a vessel 
        traffic service to utilize or to comply with the vessel 
        traffic service, including the carrying or installation 
        of equipment and devices as necessary for the use of 
        the service; and
          (2) waive, by order or regulation, the application of 
        any United States law or regulation concerning the 
        design, construction, operation, equipment, personnel 
        qualifications, and manning standards for vessels 
        operating in waters over which the United States 
        exercises jurisdiction if such vessel is not en route 
        to or from a United States port or place, and if 
        vessels en route to or from a United States port or 
        place are accorded equivalent waivers of laws and 
        regulations of the neighboring nation, when operating 
        in waters over which that nation exercises 
        jurisdiction.
  (d) Ship Reporting Systems.--The Secretary, in cooperation 
with the International Maritime Organization, may implement and 
enforce two mandatory ship reporting systems, consistent with 
international law, with respect to vessels subject to such 
reporting systems entering the following areas of the Atlantic 
Ocean:
          (1) Cape Cod Bay, Massachusetts Bay, and Great South 
        Channel (in the area generally bounded by a line 
        starting from a point on Cape Ann, Massachusetts at 42 
        deg. 39, N., 70 deg. 37, W; then northeast to 42 deg. 
        45, N., 70 deg. 13, W; then southeast to 42 deg. 10, 
        N., 68 deg. 31, W, then south to 41 deg. 00, N., 68 
        deg. 31, W; then west to 41 deg. 00, N., 69 deg. 17, W; 
        then northeast to 42 deg. 05, N., 70 deg. 02, W, then 
        west to 42 deg. 04, N., 70 deg. 10, W; and then along 
        the Massachusetts shoreline of Cape Cod Bay and 
        Massachusetts Bay back to the point on Cape Ann at 42 
        deg. 39, N., 70 deg. 37, W).
          (2) In the coastal waters of the Southeastern United 
        States within about 25 nm along a 90 nm stretch of the 
        Atlantic seaboard (in an area generally extending from 
        the shoreline east to longitude 80 deg. 51.6, W with 
        the southern and northern boundary at latitudes 30 deg. 
        00, N., 31 deg. 27, N., respectively).

                SUBCHAPTER B--PORTS AND WATERWAYS SAFETY

Sec. 70011. Waterfront safety

  (a) In General.--The Secretary may take such action as is 
necessary to--
          (1) prevent damage to, or the destruction of, any 
        bridge or other structure on or in the navigable waters 
        of the United States, or any land structure or shore 
        area immediately adjacent to such waters; and
          (2) protect the navigable waters and the resources 
        therein from harm resulting from vessel or structure 
        damage, destruction, or loss.
  (b) Actions Authorized.--Actions authorized by subsection (a) 
include--
          (1) establishing procedures, measures, and standards 
        for the handling, loading, unloading, storage, stowage, 
        and movement on a structure (including the emergency 
        removal, control, and disposition) of explosives or 
        other dangerous articles and substances, including oil 
        or hazardous material as those terms are defined in 
        section 2101;
          (2) prescribing minimum safety equipment requirements 
        for a structure to assure adequate protection from 
        fire, explosion, natural disaster, and other serious 
        accidents or casualties;
          (3) establishing water or waterfront safety zones, or 
        other measures, for limited, controlled, or conditional 
        access and activity when necessary for the protection 
        of any vessel, structure, waters, or shore area; and
          (4) establishing procedures for examination to assure 
        compliance with the requirements prescribed under this 
        section.
  (c) State Law.--Nothing in this section, with respect to 
structures, prohibits a State or political subdivision thereof 
from prescribing higher safety equipment requirements or safety 
standards than those that may be prescribed by regulations 
under this section.

Sec. 70012. Navigational hazards

  (a) Reporting Procedure.--The Secretary shall establish a 
program to encourage fishermen and other vessel operators to 
report potential or existing navigational hazards involving 
pipelines to the Secretary through Coast Guard field offices.
  (b) Secretary's Response.--
          (1) Notification by the operator of a pipeline.--Upon 
        notification by the operator of a pipeline of a hazard 
        to navigation with respect to that pipeline, the 
        Secretary shall immediately notify Coast Guard 
        headquarters, the Pipeline and Hazardous Materials 
        Safety Administration, other affected Federal and State 
        agencies, and vessel owners and operators in the 
        pipeline's vicinity.
          (2) Notification by other persons.--Upon notification 
        by any other person of a hazard or potential hazard to 
        navigation with respect to a pipeline, the Secretary 
        shall promptly determine whether a hazard exists, and 
        if so shall immediately notify Coast Guard 
        headquarters, the Pipeline and Hazardous Materials 
        Safety Administration, other affected Federal and State 
        agencies, vessel owners and operators in the pipeline's 
        vicinity, and the owner and operator of the pipeline.
  (c) Pipeline Defined.--For purposes of this section, the term 
``pipeline'' has the meaning given the term ``pipeline 
facility'' in section 60101(a)(18) of title 49.

Sec. 70013. Requirement to notify Coast Guard of release of objects 
                    into the navigable waters of the United States

  (a) Requirement.--As soon as a person has knowledge of any 
release from a vessel or facility into the navigable waters of 
the United States of any object that creates an obstruction 
prohibited under section 10 of the Act of March 3, 1899, 
popularly known as the Rivers and Harbors Appropriations Act of 
1899 (33 U.S.C. 403), such person shall notify the Secretary 
and the Secretary of the Army of such release.
  (b) Restriction on Use of Notification.--Any notification 
provided by an individual in accordance with subsection (a) may 
not be used against such individual in any criminal case, 
except a prosecution for perjury or for giving a false 
statement.

   SUBCHAPTER C--CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES

Sec. 70021. Conditions for entry to ports in the United States

  (a) In General.--No vessel that is subject to chapter 37 
shall operate in the navigable waters of the United States or 
transfer cargo or residue in any port or place under the 
jurisdiction of the United States, if such vessel--
          (1) has a history of accidents, pollution incidents, 
        or serious repair problems that, as determined by the 
        Secretary, creates reason to believe that such vessel 
        may be unsafe or may create a threat to the marine 
        environment;
          (2) fails to comply with any applicable regulation 
        issued under this chapter, chapter 37, or any other 
        applicable law or treaty;
          (3) discharges oil or hazardous material in violation 
        of any law of the United States or in a manner or 
        quantities inconsistent with any treaty to which the 
        United States is a party;
          (4) does not comply with any applicable vessel 
        traffic service requirements;
          (5) is manned by one or more officers who are 
        licensed by a certificating State that the Secretary 
        has determined, pursuant to section 9101 of title 46, 
        does not have standards for licensing and certification 
        of seafarers that are comparable to or more stringent 
        than United States standards or international standards 
        that are accepted by the United States;
          (6) is not manned in compliance with manning levels 
        as determined by the Secretary to be necessary to 
        insure the safe navigation of the vessel; or
          (7) while underway, does not have at least one 
        licensed deck officer on the navigation bridge who is 
        capable of clearly understanding English.
  (b) Exceptions.--
          (1) In general.--The Secretary may allow provisional 
        entry of a vessel that is not in compliance with 
        subsection (a), if the owner or operator of such vessel 
        proves, to the satisfaction of the Secretary, that such 
        vessel is not unsafe or a threat to the marine 
        environment, and if such entry is necessary for the 
        safety of the vessel or persons aboard.
          (2) Provisions not applicable.--Paragraphs (1), (2), 
        (3), and (4) of subsection (a) of this section shall 
        not apply to a vessel allowed provisional entry under 
        paragraph (1) if the owner or operator of such vessel 
        proves, to the satisfaction of the Secretary, that such 
        vessel is no longer unsafe or a threat to the marine 
        environment, and is no longer in violation of any 
        applicable law, treaty, regulation or condition, as 
        appropriate.

  SUBCHAPTER D--DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY 
                         POWERS, APPLICABILITY

Sec. 70031. Definitions

  As used in this chapter, unless the context otherwise 
requires:
          (1) The term ``marine environment'' means--
                  (A) the navigable waters of the United States 
                and the land and resources therein and 
                thereunder;
                  (B) the waters and fishery resources of any 
                area over which the United States asserts 
                exclusive fishery management authority;
                  (C) the seabed and subsoil of the Outer 
                Continental Shelf of the United States, the 
                resources thereof, and the waters superjacent 
                thereto; and
                  (D) the recreational, economic, and scenic 
                values of such waters and resources.
          (2) The term ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating, 
        except that such term means the Secretary of 
        Transportation with respect to the application of this 
        chapter to the Saint Lawrence Seaway.
          (3) The term ``navigable waters of the United 
        States'' includes all waters of the territorial sea of 
        the United States as described in Presidential 
        Proclamation No. 5928 of December 27, 1988.

Sec. 70032. Saint Lawrence Seaway

  The authority granted to the Secretary under sections 70001, 
70002, 70003, 7004, 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 this chapter shall be delegated by 
the Secretary to the Saint Lawrence Seaway Development 
Corporation to the extent the Secretary determines such 
delegation is necessary for the proper operation of the Saint 
Lawrence Seaway.

Sec. 70033. Limitation on application to foreign vessels

  Except pursuant to international treaty, convention, or 
agreement, to which the United States is a party, this chapter 
shall not apply to any foreign vessel that is not destined for, 
or departing from, a port or place subject to the jurisdiction 
of the United States and that is in--
          (1) innocent passage through the territorial sea of 
        the United States; or
          (2) transit through the navigable waters of the 
        United States that form a part of an international 
        strait.

Sec. 70034. Regulations

  (a) In general.--In accordance with section 553 of title 5, 
the Secretary shall issue, and may from time to time amend or 
repeal, regulations necessary to implement this chapter.
  (b) Consultation.--In the exercise of the regulatory 
authority under this chapter, the Secretary shall consult with, 
and receive and consider the views of all interested persons, 
including--
          (1) interested Federal departments and agencies;
          (2) officials of State and local governments;
          (3) representatives of the maritime community;
          (4) representatives of port and harbor authorities or 
        associations;
          (5) representatives of environmental groups;
          (6) any other interested persons who are 
        knowledgeable or experienced in dealing with problems 
        involving vessel safety, port and waterways safety, and 
        protection of the marine environment; and
          (7) advisory committees consisting of all interested 
        segments of the public when the establishment of such 
        committees is considered necessary because the issues 
        involved are highly complex or controversial.

Sec. 70035. Investigatory powers

  (a) Secretary.--The Secretary may investigate any incident, 
accident, or act involving the loss or destruction of, or 
damage to, any structure subject to this chapter, or that 
affects or may affect the safety or environmental quality of 
the ports, harbors, or navigable waters of the United States.
  (b) Powers.--In an investigation under this section, the 
Secretary may issue subpoenas to require the attendance of 
witnesses and the production of documents or other evidence 
relating to such incident, accident, or act. If any person 
refuses to obey a subpoena, the Secretary may request the 
Attorney General to invoke the aid of the appropriate district 
court of the United States to compel compliance with the 
subpoena. Any district court of the United States may, in the 
case of refusal to obey a subpoena, issue an order requiring 
compliance with the subpoena, and failure to obey the order may 
be punished by the court as contempt. Witnesses may be paid 
fees for travel and attendance at rates not exceeding those 
allowed in a district court of the United States.

Sec. 70036. Enforcement

  (a) Civil Penalty.--
          (1) In general.--Any person who is found by the 
        Secretary, after notice and an opportunity for a 
        hearing, to have violated this chapter or a regulation 
        issued under this chapter shall be liable to the United 
        States for a civil penalty, not to exceed $25,000 for 
        each violation. Each day of a continuing violation 
        shall constitute a separate violation. The amount of 
        such civil penalty shall be assessed by the Secretary, 
        or the Secretary's designee, by written notice. In 
        determining the amount of such penalty, the Secretary 
        shall take into account the nature, circumstances, 
        extent, and gravity of the prohibited acts committed 
        and, with respect to the violator, the degree of 
        culpability, any history of prior offenses, ability to 
        pay, and such other matters as justice may require.
          (2) Compromise, modification, or remission.--The 
        Secretary may compromise, modify, or remit, with or 
        without conditions, any civil penalty that is subject 
        to imposition or that has been imposed under this 
        section.
          (3) Failure to pay penalty.--If any person fails to 
        pay an assessment of a civil penalty after it has 
        become final, the Secretary may refer the matter to the 
        Attorney General of the United States, for collection 
        in any appropriate district court of the United States.
  (b) Criminal Penalty.--
          (1) Class d felony.--Any person who willfully and 
        knowingly violates this chapter or any regulation 
        issued hereunder commits a class D felony.
          (2) Class c felony.--Any person who, in the willful 
        and knowing violation of this chapter or of any 
        regulation issued under this chapter, 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 this chapter or 
        the regulations issued under this chapter, commits a 
        class C felony.
  (c) In Rem Liability.--Any vessel that is used in violation 
of this chapter, or any regulations issued under this chapter, 
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 this chapter or of 
regulations issued under this chapter, 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 this chapter or the regulations issued under 
this chapter--
          (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.

                       CHAPTER 701--PORT SECURITY


                          SUBCHAPTER I--GENERAL

Sec.
70101. Definitions.
     * * * * * * *
70102a. Port, harbor, and coastal facility security.
     * * * * * * *

                         SUBCHAPTER I--GENERAL


Sec. 70102a. Port, harbor, and coastal facility security

  (a) General Authority.--The Secretary may take actions 
described in subsection (b) to prevent or respond to an act of 
terrorism against--
          (1) an individual, vessel, or public or commercial 
        structure, that is--
                  (A) subject to the jurisdiction of the United 
                States; and
                  (B) located within or adjacent to the marine 
                environment; or
          (2) a vessel of the United States or an individual on 
        board that vessel.
  (b) Specific Authority.--Under subsection (a), the Secretary 
may--
          (1) carry out or require measures, including 
        inspections, port and harbor patrols, the establishment 
        of security and safety zones, and the development of 
        contingency plans and procedures, to prevent or respond 
        to acts of terrorism;
          (2) recruit members of the Regular Coast Guard and 
        the Coast Guard Reserve and train members of the 
        Regular Coast Guard and the Coast Guard Reserve in the 
        techniques of preventing and responding to acts of 
        terrorism; and
          (3) dispatch properly trained and qualified armed 
        Coast Guard personnel on vessels and public or 
        commercial structures on or adjacent to waters subject 
        to United States jurisdiction to deter or respond to 
        acts of terrorism or transportation security incidents, 
        as defined in section 70101 of title 46, United States 
        Code.
  (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.

           *       *       *       *       *       *       *


SUBTITLE VIII--Miscellaneous

           *       *       *       *       *       *       *


80701.sition, navigation, and timing..................................

           *       *       *       *       *       *       *


             CHAPTER 807--POSITION, NAVIGATION, AND TIMING

Sec.
80701. Land-based complementary and backup positioning, navigation, and 
          timing system.

SEC. 80701. LAND-BASED COMPLEMENTARY AND BACKUP POSITIONING, 
                    NAVIGATION, AND TIMING SYSTEM

  (a) eLORAN.--Subject to the availability of appropriations, 
the Secretary shall provide for the establishment, sustainment, 
and operation of a reliable land-based enhanced LORAN, or 
eLORAN, positioning, navigation, and timing system.
  (b) Purpose.--The purpose of the system established under 
subsection (a) is to provide a complement to, and backup for, 
the Global Positioning System (in this section referred to as 
``GPS'') to ensure the availability of uncorrupted and 
nondegraded positioning, navigation, and timing signals for 
military and civilian users in the event that GPS signals are 
corrupted, degraded, unreliable, or otherwise unavailable.
  (c) Requirements.--The system established under subsection 
(a) shall--
          (1) be wireless;
          (2) be terrestrial;
          (3) provide wide-area coverage;
          (4) transmit a precise, high-power 100 kilohertz 
        signal and meet the one microsecond accuracy 
        requirement specified in the Federal Radio Navigation 
        Plan;
          (5) be synchronized with coordinated universal time;
          (6) be resilient and extremely difficult to disrupt 
        or degrade;
          (7) be able to penetrate underground and inside 
        buildings;
          (8) be capable of deployment to remote locations;
          (9) take full advantage of the infrastructure of the 
        existing, unused Coast Guard long-range navigation 
        system (commonly known as ``LORAN-C''), and subject to 
        the concurrence and agreement of other agencies, unused 
        facilities associated with the Ground Wave Emergency 
        Network and Nationwide Differential GPS systems;
          (10) utilize and leverage the capabilities of the 
        entity for development, building, and operation of the 
        system;
          (11) function in an interoperable and complementary 
        manner with other similar positioning, navigation, and 
        timing systems;
          (12) be made available by the Secretary for use by 
        other Federal agencies for public purposes at no cost; 
        and
          (13) incorporate such other requirements determined 
        necessary by the Secretary with respect to such 
        agencies.
  (d) Request for Proposals.--
          (1) In general.--Under authority granted by section 
        93(a)(25) of title 14, United States Code, and not 
        later than three months after the date of enactment of 
        this section, the Secretary shall publish a request for 
        proposals by non-Federal persons for the development, 
        building, and operation of the system described in 
        subsection (c).
          (2) Elements.--Proposals submitted under this 
        subsection shall include, at a minimum--
                  (A) an eLORAN system architecture; and
                  (B) a timetable for the delivery of--
                          (i) a nationwide backup timing signal 
                        not later than two years after the last 
                        date on which proposals are accepted 
                        under the request published under 
                        paragraph (1); and
                          (ii) a nationwide position and 
                        navigation signal not later than three 
                        years after such date.
  (e) Selection.--Using competitive procedures similar to those 
authorized under section 2667 of title 10, the Secretary may 
select a proposal from proposals received in response to the 
request for proposals under subsection (d).
  (f) Agreement.--
          (1) In general.--The Secretary may enter into a 
        cooperative agreement (as that term is used in section 
        6305 of title 31) with an entity upon such terms as the 
        Secretary determines will carry out the purpose of the 
        system under subsection (b).
          (2) Content.--An agreement under this subsection 
        shall--
                  (A) require the Secretary to provide the 
                entity--
                          (i) access to existing infrastructure 
                        and facilities described in subsection 
                        (c)(9) and provided as Government-
                        furnished property (as that term is 
                        defined in section 45.101 of the 
                        Federal Acquisition Regulation, as in 
                        effect on the date of the enactment of 
                        the Coast Guard Authorization Act of 
                        2017), for a minimum of 20 years;
                          (ii) full use of the necessary 
                        electromagnetic spectrum wavelength 
                        associated with the LORAN-C system for 
                        use by the system required under 
                        subsection (a) and provided as such 
                        Government-furnished property; and
                          (iii) approval for the reconstruction 
                        of towers that are part of the 
                        infrastructure described in subsection 
                        (c)(9);
                  (B) specify that all necessary capital 
                expenditures be made by the entity;
                  (C) set performance standards for the signals 
                transmitted by the system;
                  (D) require the Secretary to monitor and 
                ensure the signals transmitted by the system 
                conform to the performance standards of the 
                agreement and are safe for use;
                  (E) set the terms under which the Secretary 
                has access to such signals;
                  (F) subject to any national security 
                requirements established by the Secretary of 
                Defense and so long as activities described in 
                clauses (i) and (ii) of subsection (B) do not 
                interfere with the primary purpose of providing 
                positioning, navigation, and timing services, 
                allow the entity to--
                          (i) market, promote, and sell eLORAN 
                        positioning, navigation, and timing 
                        services to commercial and 
                        noncommercial third parties; and
                          (ii) generate revenue from such sale 
                        to non-Federal third parties of 
                        communications and other related 
                        services that result from the use of 
                        Government facilities and spectrum 
                        provided under this paragraph;
                  (G) require the entity pay to the United 
                States a portion of revenue received by the 
                entity under subparagraph (F);
                  (H) require the entity to assume all 
                financial risk for the completion and 
                operational capability of the eLORAN system and 
                may require a performance bond from the entity 
                to guarantee that risk;
                  (I) require the entity to assist 
                international organizations and foreign 
                governments on issues related to eLORAN and 
                similar systems; and
                  (J) include such other terms and conditions 
                as the Secretary determines to be necessary to 
                carry out the purposes of this section.
          (3) Revenue sharing requirement.--
                  (A) In general.--The requirement under 
                paragraph (2)(G) shall require the entity to 
                pay to the United States an equitable share of 
                the revenue generated by the entity under 
                paragraph (2)(F), in the fiscal year following 
                the fiscal year in which such revenue is 
                generated.
                  (B) Amount.--The amount of such payments 
                shall take into account--
                          (i) the capital investment by the 
                        entity to build the system and annual 
                        costs incurred by the entity to operate 
                        and maintain the system; and
                          (ii) the capital and operating 
                        expenses incurred by the entity to 
                        upgrade the eLORAN system and related 
                        systems over the effective period of 
                        the agreement.
          (4) Effective date of risk requirement.--The 
        requirement in paragraph (2)(H) shall be contingent 
        upon, and take effect upon, the Secretary determining 
        that the requirements under paragraph (2)(A) have been 
        fulfilled.
  (g) CERCLA Not Affected.--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)) for Federal 
Government facilities described in subsection (c)(9).
  (h) Biennial Report to Congress.--Not later than one year 
after the date on which an agreement with an entity is entered 
into under subsection (f), and biennially thereafter, the 
Secretary shall provide 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 report on the performance and progress of the 
        entity in fulfilling its obligations under the 
        agreement to build, operate and maintain the system 
        established under subsection (a); and
          (2) an accounting of finances, expenses, and revenue 
        associated with such performance, including payments 
        made to the Secretary under section (f)(3).
  (i) Definitions.--In this section:
          (1) The term ``entity'' means a non-Federal entity 
        whose proposal is selected under subsection (e).
          (2) The term ``Secretary'' means the Secretary of 
        Transportation, acting through the Commandant of the 
        Coast Guard.

           *       *       *       *       *       *       *

                              ----------                              


                     PORTS AND WATERWAYS SAFETY ACT

  [Section 1. Short Title.
  [This Act may be cited as the ``Ports and Waterways Safety 
Act''.]
  [Sec. 2. Statement of Policy.
  [The Congress finds and declares--
  [(a) that navigation and vessel safety, protection of the 
marine environment, and safety and security of United States 
ports and waterways are matters of major national importance;
  [(b) that increased vessel traffic in the Nation's ports and 
waterways creates substantial hazard to life, property, and the 
marine environment;
  [(c) that increased supervision of vessel and port operations 
is necessary in order to--
          [(1) reduce the possibility of vessel or cargo loss, 
        or damage to life, property, or the marine environment;
          [(2) prevent damage to structures in, on, or 
        immediately adjacent to the navigable waters of the 
        United States or the resources within such waters;
          [(3) insure that vessels operating in the navigable 
        waters of the United States shall comply with all 
        applicable standards and requirements for vessel 
        construction, equipment, manning, and operational 
        procedures; and
          [(4) insure that the handling of dangerous articles 
        and substances on the structures in, on, or immediately 
        adjacent to the navigable waters of the United States 
        is conducted in accordance with established standards 
        and requirements; and
  [(d) that advance planning is critical in determining proper 
and adequate protective measures for the Nation's ports and 
waterways and the marine environment, with continuing 
consultation with other Federal agencies, State 
representatives, affected users, and the general public, in the 
development and implementation of such measures.
  [Sec. 3. Definitions.-- As used in this Act, unless the 
context otherwise requires--
          [(1) ``Marine environment'' means the navigable 
        waters of the United States and the land and resources 
        therein and thereunder; the waters and fishery 
        resources of any area over which the United States 
        asserts exclusive fishery management authority; the 
        seabed and subsoil of the Outer Continental Shelf of 
        the United States, the resources thereof and the waters 
        superjacent thereto; and the recreational, economic, 
        and scenic values of such waters and resources.
          [(2) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating, 
        except that ``Secretary'' means the Secretary of 
        Transportation with respect to the application of this 
        Act to the Saint Lawrence Seaway.
          [(3) ``State'' includes each of the several States of 
        the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Canal Zone, Guam, 
        American Samoa, the United States Virgin Islands, the 
        Trust Territories of the Pacific Islands, the 
        Commonwealth of the Northern Marianas, and any other 
        commonwealth, territory, or possession of the United 
        States.
          [(4) ``United States'', when used in geographical 
        context, means all the States thereof.
          [(5) ``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. 4. Vessel Operating Requirements.
  [(a) In General.--Subject to the requirements of section 5, 
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 
        11, may construct, operate, maintain, improve, or 
        expand vessel traffic services, consisting of measures 
        for controlling or supervising vessel traffic or for 
        protecting navigation and the marine environment and 
        may include, but need not be limited to one or more of 
        the following: reporting and operating requirements, 
        surveillance and communications systems, routing 
        systems, and fairways;
          [(2) shall require appropriate vessels which operate 
        in an area of a vessel traffic service to utilize or 
        comply with that service;
          [(3) 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 which is necessary in the 
        interests of vessel safety: Provided, That the 
        Secretary shall not require fishing vessels under 300 
        gross tons as measured under section 14502 of title 46, 
        United States Code, or an alternate tonnage measured 
        under section 14302 of that title as prescribed by the 
        Secretary under section 14104 of that title 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 Act;
          [(4) may control vessel traffic in areas subject to 
        the jurisdiction of the United States which 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, draft 
                limitations and vessel operating conditions; 
                and
                  [(D) restricting operation, in any hazardous 
                area or under hazardous conditions, to vessels 
                which have particular operating characteristics 
                or capabilities which he 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 prior to 
        port entry, which shall include any information which 
        is not already a matter of record and which 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) 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 a anchor in a manner he directs if--
          [(1) he has reasonable cause to believe such vessel 
        does not comply with any regulation issued under this 
        Act or any other applicable law or treaty;
          [(2) he determines that such vessel does not satisfy 
        the conditions for port entry set forth in section 9; 
        or
          [(3) by reason of weather, visibility, sea 
        conditions, port congestion, other hazardous 
        circumstances, or the condition of such vessel, he is 
        satisfied that such directive is justified in the 
        interest of safety.
  [(c) Port Access Routes.--(1) 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, and subject to the requirements of paragraph (3) 
hereof, 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.
  [(2) No designation may be made by the Secretary pursuant to 
this subsection, if 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: Provided, That such right has become vested 
prior to the time of publication of the notice required by 
clause (A) of paragraph (3) hereof: Provided further, That the 
determination as to whether the designation would so deprive 
any such person shall be made by the Secretary, after 
consultation with the responsible official under whose 
authority the lease was executed or the permit issued.
  [(3) Prior to making a designation pursuant to paragraph (1) 
hereof, and in accordance with the requirements of section 5, 
the Secretary shall--
          [(A) within six months after date of enactment of 
        this Act (and may, from time to time thereafter), 
        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 which may otherwise be considered and shall 
        publish notice of such undertaking in the Federal 
        Register;
          [(B) 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
          [(C) to the extent practicable, reconcile the need 
        for safe access routes with the needs of all other 
        reasonable uses of the area involved.
  [(4) In carrying out his responsibilities under paragraph 
(3), the Secretary shall proceed expeditiously to complete any 
study undertaken. Thereafter, he shall promptly issue a notice 
of proposed rulemaking for the designation contemplated or 
shall have published in the Federal Register a notice that no 
designation is contemplated as a result of the study and the 
reason for such determination.
  [(5) In connection with a designation made pursuant to this 
subsection, the Secretary--
          [(A) shall issue reasonable rules and regulations 
        governing the use of such designated areas, including 
        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;
          [(B) to the extent that he 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;
          [(C) 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 which cannot be reasonably accommodated 
        otherwise: Provided, That such an adjustment will 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
          [(D) shall, through appropriate channels, (i) notify 
        cognizant international organizations of any 
        designation, or adjustment thereof, and (ii) take 
        action to seek the cooperation of foreign States in 
        making it mandatory for vessels under their control to 
        use any fairway or traffic separation scheme designated 
        pursuant to this subsection in any area of the high 
        seas, to the same extent as required by the Secretary 
        for vessels of the United States.
  [(d) Exception.--Except pursuant to international treaty, 
convention, or agreement, to which the United States is a 
party, this Act 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 which form a part of an international 
        strait.
  [(e) Cooperative Agreements.--(1) 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) A nongovernmental entity may not under this subsection 
carry out an inherently governmental function.
  [(3) 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.
  [Sec. 5. Considerations by Secretary.
  [In carrying out his duties and responsibilities under 
section 4, the Secretary shall--
  [(a) 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 but not limited to--
          [(1) the scope and degree of the risk or hazard 
        involved;
          [(2) 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;
          [(3) port and waterway configurations and variations 
        in local conditions of geography, climate, and other 
        similar factors;
          [(4) 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;
          [(5) the proximity of fishing grounds, oil and gas 
        drilling and production operations, or any other 
        potential or actual conflicting activity;
          [(6) environmental factors;
          [(7) economic impact and effects;
          [(8) existing vessel traffic services; and
          [(9) local practices and customs, including voluntary 
        arrangements and agreements within the maritime 
        community; and
  [(b) 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 parties who may be affected by 
the proposed actions.
  [Sec. 6. 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. Such action may include, 
        but need not be limited to--
                  [(A) establishing procedures, measures, and 
                standards for the handling, loading, unloading, 
                storage, stowage, and movement on the 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 4417a of the Revised Statutes, as 
                amended;
                  [(B) prescribing minimum safety equipment 
                requirements for the structure to assure 
                adequate protection from fire, explosion, 
                natural disaster, and other serious accidents 
                or casualties;
                  [(C) 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
                  [(D) establishing procedures for examination 
                to assure compliance with the requirements 
                prescribed under this section.
  [(b) State Law.--Nothing contained 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 which may be 
prescribed by regulations hereunder.
  [Sec. 8. 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 this Act, or which 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 subpenas 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 subpena, 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 
subpena. Any district court of the United States may, in the 
case of refusal to obey a subpena, issue an order requiring 
compliance with the subpena, 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. 9. Conditions for Entry to Ports of the United States.
  [(a) In General.--No vessel, subject to the provisions of 
chapter 37 of title 46, United States Code, 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 which, as determined by the 
        Secretary, creates reason to believe that such vessel 
        may be unsafe or may create a threat to the marine 
        environment; or
          [(2) fails to comply with any applicable regulation 
        issued under this Act, under chapter 37 of title 46, 
        United States Code, or under any other applicable law 
        or treaty; or
          [(3) discharges oil or hazardous material in 
        violation of any law of the United States or in a 
        manner or quantities inconsistent with the provisions 
        of any treaty to which the United States is a party; or
          [(4) does not comply with any applicable vessel 
        traffic service requirements; or
          [(5) is manned by one or more officers who are 
        licensed by a certificating state which the Secretary 
        has determined, pursuant to section 9101 of title 46, 
        United States Code, does not have standards for 
        licensing and certification of seafarers which are 
        comparable to or more stringent than United States 
        standards or international standards which are accepted 
        by the United States; or
          [(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.--The Secretary may allow provisional entry 
of a vessel 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. In addition, paragraphs 
(1), (2), (3), and (4) of subsection (a) shall not apply 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. Clauses (5) and (6) of subsection (a) shall become 
applicable eighteen months after the effective date of this 
section.
  [Sec. 10. Applicability.
  [This Act shall not apply to the Panama Canal. The authority 
granted to the Secretary under sections 4, 5, and 6 of this Act 
shall 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 this Act shall be delegated to the Saint 
Lawrence Seaway Development Corporation to the extent he 
determines such delegation is necessary for the proper 
operation of the Saint Lawrence Seaway.
  [Sec. 11. 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 Act, for consideration as international standards.
  [(b) Agreements.--The President is authorized and encouraged 
to--
          [(1) enter into negotiations and conclude and execute 
        agreements with neighboring nations, to establish 
        compatible vessel standards and vessel traffic 
        services, and to establish, operate, and maintain 
        international vessel traffic services, in areas and 
        under circumstances of mutual concern; and
          [(2) enter into negotiations, through appropriate 
        international bodies, and conclude and execute 
        agreements to establish vessel traffic services in 
        appropriate areas of the high seas.
  [(c) Operations.--The Secretary, pursuant to any agreement 
negotiated under subsection (b) which is binding upon the 
United States in accordance with constitutional requirements, 
may--
          [(1) require vessels in the vessel traffic service 
        area 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, is authorized to 
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: 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) and 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).
  [Sec. 12. Regulations.
  [(a) In General.--In accordance with the provisions of 
section 553 of title 5, United States Code, as amended, the 
Secretary shall issue, and may from time to time amend or 
repeal, regulations necessary to implement this Act.
  [(b) Procedures.--The Secretary, in the exercise of this 
regulatory authority, shall establish procedures for consulting 
with, and receiving and considering the views of all interested 
parties, including--
          [(1) interested Federal departments and agencies,
          [(2) officials of State and local governments,
          [(3) representatives of the maritime community,
          [(4) representatives of port and harbor authorities 
        or associations,
          [(5) representatives of environmental groups,
          [(6) any other interested parties 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. 13. Enforcement.
  [(a) Civil Penalty.--(1) Any person who is found by the 
Secretary, after notice and an opportunity for a hearing, to 
have violated this Act or a regulation issued hereunder 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 his 
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) The Secretary may compromise, modify, or remit, with or 
without conditions, any civil penalty which is subject to 
imposition or which has been imposed under this section.
  [(3) If any person fails to pay an assessment of a civil 
penalty after it has become final, the Secretary may refer the 
matter to the Attorney General of the United States, for 
collection in any appropriate district court of the United 
States.
  [(b) Criminal Penalty.--(1) Any person who willfully and 
knowingly violates this Act or any regulation issued hereunder 
commits a class D felony.
  [(2) Any person who, in the willfull and knowing violation of 
this Act or of any regulation issued hereunder, 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 this Act or the 
regulations issued hereunder, commits a class C felony.
  [(c) In Rem Liability.--Any vessel subject to the provisions 
of this Act, which is used in violation of this Act, or any 
regulations issued hereunder, 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 this Act or of 
regulations issued hereunder, for cause shown.
  [(e) Denial of Entry.--Except as provided in section 9, the 
Secretary may, subject to recognized principles of 
international law, deny entry into the navigable waters of the 
United States or to any port or place under the jurisdiction of 
the United States to any vessel not in compliance with the 
provisions of this Act or the regulations issued hereunder.
  [(f) Withholding of Clearance.--(1) 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 4197 of the Revised Statutes of 
the United States (46 App. U.S.C. 91).
  [(2) Clearance refused or revoked under this subsection may 
be granted upon filing of a bond or other surety satisfactory 
to the Secretary.

[SEC. 14. 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) 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 Office of Pipeline Safety, other 
affected Federal and State agencies, and vessel owners and 
operators in the pipeline's vicinity.
  [(2) 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 
Office of Pipeline Safety, other affected Federal and State 
agencies, vessel owners and operators in the pipeline's 
vicinity, and the owner and operator of the pipeline.
  [(c) Establishment of Standards.--The Secretary shall, within 
six months after the date of enactment of this section, 
establish standards, for the purposes of this section, for what 
constitutes a hazard to navigation.
  [(d) Definition.--For purposes of this section, the term 
``pipelines'' has the meaning given the term ``pipeline 
facilities'' in the Natural Gas Pipeline Safety Act of 1968 and 
the Hazardous Liquid Pipeline Safety Act of 1979.

[SEC. 15. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO 
                    THE NAVIGABLE WATERS OF THE UNITED STATES.

  [(a) Requirement.--As soon as a person has knowledge of any 
release from a vessel or facility into the navigable waters of 
the United States of any object that creates an obstruction 
prohibited under section 10 of the Act of March 3, 1899, 
popularly known as the Rivers and Harbors Appropriations Act of 
1899 (33 U.S.C. 403), such person shall notify the Secretary 
and the Secretary of the Army of such release.
  [(b) Restriction on Use of Notification.--Any notification 
provided by an individual in accordance with subsection (a) may 
not be used against such individual in any criminal case, 
except a prosecution for perjury or for giving a false 
statement.]
                              ----------                              


COAST GUARD AUTHORIZATION ACT OF 1991

           *       *       *       *       *       *       *



[SEC. 18. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.

  [(a)(1) There is established a Houston-Galveston Navigation 
SafetyAdvisory Committee (hereinafter referred to as the 
``Committee'').The Committee shall advise, consult with, and 
make recommendations to the Secretary of the department in 
which the Coast Guard isoperating (hereinafter in this part 
referred to as the ``Secretary'') onmatters relating to the 
transit of vessels and products to and fromthe Ports of 
Galveston, Houston, Texas City, and Galveston Bay. TheSecretary 
shall, whenever practicable, consult with the Committeebefore 
taking any significant action related to navigation safety 
atthese port facilities. Any advice or recommendation made by 
theCommittee to the Secretary shall reflect the independent 
judgmentof the Committee on the matter concerned.
          [(2) The Committee is authorized to make available to 
        Congressany information, advice, and recommendations 
        that the Committeeis authorized to give to the 
        Secretary. The Committee shall meet atthe call of the 
        Secretary, but in any event not less than once 
        duringeach calendar year. All matters relating to or 
        proceedings of theCommittee shall comply with the 
        Federal Advisory Committee Act(5 App. U.S.C.).
  [(b) The Committee shall consist of 19 members, who 
haveparticular expertise, knowledge, and experience regarding 
thetransportation, equipment, and techniques that are used to 
shipcargo and to navigate vessels in the inshore and the 
offshore watersof the Gulf of Mexico:
          [(1) Two members who are employed by the Port of 
        HoustonAuthority or have been selected by that entity 
        to representthem.
          [(2) Two members who are employed by the Port of 
        Galvestonor the Texas City Port Complex or have been 
        selected by thoseentities to represent them.
          [(3) Two members from organizations that represent 
        shipowners,stevedores, shipyards, or shipping 
        organizations domiciledin the State of Texas.
          [(4) Two members representing organizations that 
        operate tugsor barges that utilize the port facilities 
        at Galveston, Houston,and Texas City Port Complex.
          [(5) Two members representing shipping companies that 
        transportcargo from the Ports of Galveston and Houston 
        on liners,break bulk, or tramp steamer vessels.
          [(6) Two members representing those who pilot or 
        commandvessels that utilize the Ports of Galveston and 
        Houston.
          [(7) Two at-large members who may represent a 
        particularinterest group but who utilize the port 
        facilities at Galveston,Houston, and Texas City.
          [(8) One member representing labor organizations 
        which loadand unload cargo at the Ports of Galveston 
        and Houston.
          [(9) One member representing licensed merchant 
        mariners,other than pilots, who perform shipboard 
        duties on vesselswhich utilize the port facilities of 
        Galveston and Houston.
          [(10) One member representing environmental 
        interests.
          [(11) One member representing the general public.
          [(12) One member representing recreational 
        boatinginterests.
  [(c) The Secretary shall appoint the members of the 
Committeeafter first soliciting nominations by notice published 
in the FederalRegister. The Secretary may request the head of 
any other Federalagency or department to designate a 
representative to advise theCommittee on matters within the 
jurisdiction of that agency ordepartment.
  [(d) The Committee shall elect, by majority vote at its first 
meeting,one of the members of the Committee as the chairman and 
one ofthe members as the vice chairman. The vice chairman shall 
act as chairman in the absence or incapacity of, or in the 
event of avacancy in the Office of the Chairman.
  [(e) Terms of members appointed to the Committee shall be for 
twoyears. The Secretary shall, not less often than once a year, 
publish notice in the Federal Register for solicitation of 
nominations formembership on the Committee.
  [(f) Members of the Committee who are not officers or 
employees ofthe United States shall serve without pay and 
members of theCommittee who are officers or employees of the 
United States shallreceive no additional pay on account of 
their service on the Committee.While away from their homes or 
regular places of business,members of the Committee may be 
allowed travel expenses, includingper diem in lieu of 
subsistence, as authorized by section 5703 oftitle 5, United 
States Code.
  [(h) The Committee shall terminate on September 30, 2020.]

           *       *       *       *       *       *       *


[SEC. 27. SHIP SHOAL LIGHTHOUSE TRANSFER.

  [Notwithstanding another law, the Secretary of 
Transportationshall transfer without consideration to the city 
of Benvick, Louisiana,all rights, title, and interest of the 
United States in the aid tonavigation structure known as the 
Ship Shoal Lighthouse,Louisiana.

           *       *       *       *       *       *       *

                              ----------                              


                         ACT OF AUGUST 18, 1894


    AN ACT Making appropriations for the construction, repair, and 
  preservation of certain public works on rivers and harbors, and for 
other purposes.

           *       *       *       *       *       *       *


  Sec. 5. (a) That it shall be the duty of all persons owning, 
operating, and tending the drawbridges now built, or which may 
hereafter be built across the navigable rivers and other waters 
of the United States, to open, or cause to be opened, the draws 
of such bridges under such rules and regulations as in the 
opinion of the Secretary of the department in which the Coast 
Guard is operating the public interests require to govern the 
opening of drawbridges for the passage of vessels and other 
water crafts, and such rules and regulations, when so made and 
published, shall have the force of law. Every such person who 
shall willfully fail or refuse to open, or cause to be opened, 
the dram of any such bridge for the passage of a boat or boats, 
as provided in such regulations, shall be deemed guilty of a 
misdemeanor, and on conviction thereof shall be punished by a 
fine of not more than two thousand dollars nor less one 
thousand dollars, or by imprisonment (in the case of a natural 
person) for not exceeding one year, or by both such fine and 
imprisonment, in the discretion of the court: Provided, That 
the proper action to enforce the provisions of this subsection 
may be commenced before any commissioner, judge, or court of 
the United States, and such commissioner, judge, or court shall 
proceed in respect thereto as authorized by law in case of 
crimes against the United States: Provided further, That 
whenever, in the opinion of the Secretary of the department in 
which the Coast Guard is operating, the public interests 
require it, he may make rules and regulations to govern the 
opening of drawbridges for the passage of vessels and other 
water crafts, and such rules and regulations, when so made and 
published, shall have the force of law, and any willful 
violation thereof shall be punished as hereinbefore provided. 
Any rules and regulations made in pursuance of this section 
shall, to the extent practical and feasible, provide for 
regularly scheduled openings of drawbridges during seasons of 
the year, and during times of the day, when scheduled openings 
would help reduce motor vehicle traffic delays and congestion 
on roads and highways linked by drawbridges.
  (b) No vessel owner or operator shall signal a drawbridge to 
open for any nonstructural vessel appurtenance which is not 
essential to navigation or which is easily lowered and no 
person shall unreasonably delay the opening of a draw after the 
signal required by rules or regulations under this section has 
been given. The Secretary of the department in which the Coast 
Guard is operating shall issue rules and regulations to 
implement this subsection.
  (c) Whoever violates any rule or regulation issued under 
subsection (a) or (b), shall be liable to a civil penalty of 
not more than $5,000 for a violation occurring in 2004; $10,000 
for a violation occurring in 2005; $15,000 for a violation 
occurring in 2006; $20,000 for a violation occurring in 2007; 
and $25,000 for a violation occurring in 2008 and any year 
thereafter. No penalty may be assessed under this subsection 
until the person charged is given notice and an opportunity for 
a hearing on the charge. The Secretary of the department in 
which the Coast Guard is operating may assess and collect any 
civil penalty incurred under this subsection and, in his 
discretion, may remit, mitigate, or compromise any penalty 
until the matter is referred to the Attorney General. If a 
person against whom a civil penalty is assessed under this 
subsection fails to pay that penalty, an action may be 
commenced in the district court of the United States for any 
district in which the violation occurs for such penalty.
  (d) Exemption.--
          (1) In general.--A change to a schedule that governs 
        the opening of a drawbridge that will be in effect for 
        less than 6 months shall not be subject to the rule 
        making requirements of section 553 of title 5, United 
        States Code.
          (2) Alternate requirements.--
                  (A) Duties of secretary.--The Secretary of 
                the department in which the Coast Guard is 
                operating shall provide notice of each such 
                change through--
                          (i) a local notice to mariners;
                          (ii) a Coast Guard broadcast notice 
                        to mariners; or
                          (iii) another method of notice that 
                        the Secretary considers appropriate.
                  (B) Owner and operator duties.--With respect 
                to any drawbridge other than a railroad 
                drawbridge, the owner or operator of such 
                drawbridge shall provide notice of such a 
                change to--
                          (i) the general public, through 
                        publication in a newspaper of general 
                        circulation;
                          (ii) the Department of Transportation 
                        or other public agency with 
                        administrative jurisdiction over the 
                        roadway that abuts the approach to such 
                        bridge; and
                          (iii) the law enforcement 
                        organization with jurisdiction over the 
                        roadway that abuts the approach to such 
                        bridge.

           *       *       *       *       *       *       *

                              ----------                              


MARINE DEBRIS RESEARCH, PREVENTION, AND REDUCTION ACT

           *       *       *       *       *       *       *



SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated for each fiscal year 
2006 through 2010[--]
          [(1)] to the Administrator for carrying out sections 
        3 and 6, $10,000,000, of which no more than 10 percent 
        may be for administrative costs[; and].
          [(2) to the Secretary of the Department in which the 
        Coast Guard is operating, for the use of the Commandant 
        of the Coast Guard in carrying out section 4, 
        $2,000,000, of which no more than 10 percent may be 
        used for administrative costs.]

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  Of the amounts authorized for each fiscal year under section 
2702(1) of title 14, United States Code, up to $2,000,000 are 
authorized for the Commandant to carry out section 4 of this 
Act, of which not more than 10 percent may be used for 
administrative costs.
                              ----------                              


HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *



TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *


Subtitle H--Miscellaneous Provisions

           *       *       *       *       *       *       *


SEC. 888. PRESERVING COAST GUARD MISSION PERFORMANCE.

  (a) Definitions.--In this section:
          (1) Non-homeland security missions.--The term ``non-
        homeland security missions'' means the following 
        missions of the Coast Guard:
                  (A) Marine safety.
                  (B) Search and rescue.
                  (C) Aids to navigation.
                  (D) Living marine resources (fisheries law 
                enforcement).
                  (E) Marine environmental protection.
                  (F) Ice operations.
          (2) Homeland security missions.--The term ``homeland 
        security missions'' means the following missions of the 
        Coast Guard:
                  (A) Ports, waterways and coastal security.
                  (B) Drug interdiction.
                  (C) Migrant interdiction.
                  (D) Defense readiness.
                  (E) Other law enforcement.
  (b) Transfer.--There are transferred to the Department the 
authorities, functions, personnel, and assets of the Coast 
Guard, which shall be maintained as a distinct entity within 
the Department, including the authorities and functions of the 
Secretary of Transportation relating thereto.
  (c) Maintenance of Status of Functions and Assets.--
Notwithstanding any other provision of this Act, the 
authorities, functions, and capabilities of the Coast Guard to 
perform its missions shall be maintained intact and without 
significant reduction after the transfer of the Coast Guard to 
the Department, except as specified in subsequent Acts.
  (d) Certain Transfers Prohibited.--No mission, function, or 
asset (including for purposes of this subsection any ship, 
aircraft, or helicopter) of the Coast Guard may be diverted to 
the principal and continuing use of any other organization, 
unit, or entity of the Department, except for details or 
assignments that do not reduce the Coast Guard's capability to 
perform its missions.
  (e) Changes to Missions.--
          (1) Prohibition.--The Secretary may not substantially 
        or significantly reduce the missions of the Coast Guard 
        or the Coast Guard's capability to perform those 
        missions, except as specified in subsequent Acts.
          (2) Waiver.--The Secretary may waive the restrictions 
        under paragraph (1) for a period of not to exceed 90 
        days upon a declaration and certification by the 
        Secretary to Congress that a clear, compelling, and 
        immediate need exists for such a waiver. A 
        certification under this paragraph shall include a 
        detailed justification for the declaration and 
        certification, including the reasons and specific 
        information that demonstrate that the Nation and the 
        Coast Guard cannot respond effectively if the 
        restrictions under paragraph (1) are not waived.
  (f) Direct Reporting to Secretary.--Upon the transfer of the 
Coast Guard to the Department, the Commandant shall report 
directly to the Secretary without being required to report 
through any other official of the Department.
  (g) Operation as a Service in the Navy.--None of the 
conditions and restrictions in this section shall apply when 
the Coast Guard operates as a service in the Navy under section 
3 of title 14, United States Code.
  [(h) Report on Accelerating the Integrated Deepwater 
System.--Not later than 90 days after the date of enactment of 
this Act, the Secretary, in consultation with the Commandant of 
the Coast Guard, shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate, the 
Committee on Transportation and Infrastructure of the House of 
Representatives, and the Committees on Appropriations of the 
Senate and the House of Representatives that--
          [(1) analyzes the feasibility of accelerating the 
        rate of procurement in the Coast Guard's Integrated 
        Deepwater System from 20 years to 10 years;
          [(2) includes an estimate of additional resources 
        required;
          [(3) describes the resulting increased capabilities;
          [(4) outlines any increases in the Coast Guard's 
        homeland security readiness;
          [(5) describes any increases in operational 
        efficiencies; and
          [(6) provides a revised asset phase-in time line.]

           *       *       *       *       *       *       *

                              ----------                              


SECTION 604 OF THE HOWARD COBLE COAST GUARD AND MARITIME TRANSPORTATION 
                              ACT OF 2014


SEC. 604. WAIVERS.

  (a)  ``John Craig''.--
          (1) In general.--Section 8902 of title 46, United 
        States Code, shall not apply to the vessel John Craig 
        (United States official number D1110613) when such 
        vessel is operating on the portion of the Kentucky 
        River, Kentucky, located at approximately mile point 
        158, in Pool Number 9, between Lock and Dam Number 9 
        and Lock and Dam Number 10.
          (2) Application.--Paragraph (1) shall apply on and 
        after the date on which the Secretary of the department 
        in which the Coast Guard is operating determines that a 
        licensing requirement has been established under 
        Kentucky State law that applies to an operator of the 
        vessel John Craig.
  (b)  ``F/V Western Challenger''.--Notwithstanding section 
12132 of title 46, United States Code, the Secretary of the 
department in which the Coast Guard is operating may issue a 
certificate of documentation with a coastwise endorsement and 
fishery endorsement  for the F/V Western Challenger (IMO number 
5388108).
                              ----------                              


OIL POLLUTION ACT OF 1990

           *       *       *       *       *       *       *



SEC. 2. TABLE OF CONTENTS.

  The contents of this Act are as follows:

            TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION

Sec. 1001. Definitions.
     * * * * * * *

                TITLE V--PRINCE WILLIAM SOUND PROVISIONS

     * * * * * * *
Sec. 5008. North Pacific Marine Research Institute.
Sec. 5009. Vessel response plans in the Arctic.

           *       *       *       *       *       *       *


TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION

           *       *       *       *       *       *       *


SEC. 1012. USES OF THE FUND.

  (a) Uses Generally.--The Fund shall be available to the 
President for--
          (1) the payment of removal costs, including the costs 
        of monitoring removal actions, determined by the 
        President to be consistent with the National 
        Contingency Plan--
                  (A) by Federal authorities; or
                  (B) by a Governor or designated State 
                official under subsection (d);
          (2) the payment of costs incurred by Federal, State, 
        or Indian tribe trustees in carrying out their 
        functions under section 1006 for assessing natural 
        resource damages and for developing and implementing 
        plans for the restoration, rehabilitation, replacement, 
        or acquisition of the equivalent of damaged resources 
        determined by the President to be consistent with the 
        National Contingency Plan;
          (3) the payment of removal costs determined by the 
        President to be consistent with the National 
        Contingency Plan as a result of, and damages resulting 
        from, a discharge, or a substantial threat of a 
        discharge, of oil from a foreign offshore unit;
          (4) the payment of claims in accordance with section 
        1013 for uncompensated removal costs determined by the 
        President to be consistent with the National 
        Contingency Plan or uncompensated damages;
          (5) the payment of Federal administrative, 
        operational, and personnel costs and expenses 
        reasonably necessary for and incidental to the 
        implementation, administration, and enforcement of this 
        Act (including, but not limited to, sections 
        1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117, 
        5006, 8103, and title VII) and subsections (b), (c), 
        (d), (j), and (l) of section 311 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1321), as amended by 
        this Act, with respect to prevention, removal, and 
        enforcement related to oil discharges, provided that--
                  (A) not more than $25,000,000 in each fiscal 
                year shall be available to the Secretary for 
                operating expenses incurred by the Coast Guard;
                  (B) not more than $15,000,000 in each fiscal 
                year shall be available to the Under Secretary 
                of Commerce for Oceans and Atmosphere for 
                expenses incurred by, and activities related 
                to, response and damage assessment capabilities 
                of the National Oceanic and Atmospheric 
                Administration;
                  (C) not more than $30,000,000 each year 
                through the end of fiscal year 1992 shall be 
                available to establish the National Response 
                System under section 311(j) of the Federal 
                Water Pollution Control Act, as amended by this 
                Act, including the purchase and prepositioning 
                of oil spill removal equipment; and
                  (D) not more than $27,250,000 in each fiscal 
                year shall be available to carry out title VII 
                of this Act; and
          (6) the making of loans pursuant to the program 
        established under section 1013(f).
  (b) Defense to Liability for Fund.--The Fund shall not be 
available to pay any claim for removal costs or damages to a 
particular claimant, to the extent that the incident, removal 
costs, or damages are caused by the gross negligence or willful 
misconduct of that claimant.
  (c) Obligation of Fund by Federal Officials.--The President 
may promulgate regulations designating one or more Federal 
officials who may obligate money in accordance with subsection 
(a).
  (d) Access to Fund by State Officials.--
          (1) Immediate removal.--In accordance with 
        regulations promulgated under this section, the 
        President, upon the request of the Governor of a State 
        or pursuant to an agreement with a State under 
        paragraph (2), may obligate the Fund for payment in an 
        amount not to exceed $250,000 for removal costs 
        consistent with the National Contingency Plan required 
        for the immediate removal of a discharge, or the 
        mitigation or prevention of a substantial threat of a 
        discharge, of oil.
          (2) Agreements.--
                  (A) In general.--The President shall enter 
                into an agreement with the Governor of any 
                interested State to establish procedures under 
                which the Governor or a designated State 
                official may receive payments from the Fund for 
                removal costs pursuant to paragraph (1).
                  (B) Terms.--Agreements under this paragraph--
                          (i) may include such terms and 
                        conditions as may be agreed upon by the 
                        President and the Governor of a State;
                          (ii) shall provide for political 
                        subdivisions of the State to receive 
                        payments for reasonable removal costs; 
                        and
                          (iii) may authorize advance payments 
                        from the Fund to facilitate removal 
                        efforts.
  (e) Regulations.--The President shall--
          (1) not later than 6 months after the date of the 
        enactment of this Act, publish proposed regulations 
        detailing the manner in which the authority to obligate 
        the Fund and to enter into agreements under this 
        subsection shall be exercised; and
          (2) not later than 3 months after the close of the 
        comment period for such proposed regulations, 
        promulgate final regulations for that purpose.
  (f) Rights of Subrogation.--Payment of any claim or 
obligation by the Fund under this Act shall be subject to the 
United States Government acquiring by subrogation all rights of 
the claimant or State to recover from the responsible party.
  [(g) Audits.--
          [(1) In general.--The Comptroller General of the 
        United States shall conduct an audit, including a 
        detailed accounting of each disbursement from the Fund 
        in excess of $500,000 that is--
                  [(A) disbursed by the National Pollution Fund 
                Center and not reimbursed by the responsible 
                party; and
                  [(B) administered and managed by the 
                receiving Federal agencies, including final 
                payments made to agencies and contractors and, 
                to the extent possible, subcontractors.
          [(2) Frequency.--The audits shall be conducted--
                  [(A) at least once every 3 years after the 
                date of enactment of the Coast Guard 
                Authorization Act of 2010 until 2016; and
                  [(B) at least once every 5 years after the 
                last audit conducted under subparagraph (A).
          [(3) Submission of results.--The Comptroller shall 
        submit the results of each audit conducted under 
        paragraph (1) to--
                  [(A) the Senate Committee on Commerce, 
                Science, and Transportation;
                  [(B) the House of Representatives Committee 
                on Transportation and Infrastructure; and
                  [(C) the Secretary or Administrator of each 
                agency referred to in paragraph (1)(B).]
  (h) Period of Limitations for Claims.--
          (1) Removal costs.--No claim may be presented under 
        this title for recovery of removal costs for an 
        incident unless the claim is presented within 6 years 
        after the date of completion of all removal actions for 
        that incident.
          (2) Damages.--No claim may be presented under this 
        section for recovery of damages unless the claim is 
        presented within 3 years after the date on which the 
        injury and its connection with the discharge in 
        question were reasonably discoverable with the exercise 
        of due care, or in the case of natural resource damages 
        under section 1002(b)(2)(A), if later, the date of 
        completion of the natural resources damage assessment 
        under section 1006(e).
          (3) Minors and incompetents.--The time limitations 
        contained in this subsection shall not begin to run--
                  (A) against a minor until the earlier of the 
                date when such minor reaches 18 years of age or 
                the date on which a legal representative is 
                duly appointed for the minor, or
                  (B) against an incompetent person until the 
                earlier of the date on which such incompetent's 
                incompetency ends or the date on which a legal 
                representative is duly appointed for the 
                incompetent.
  (i) Limitation on Payment for Same Costs.--In any case in 
which the President has paid an amount from the Fund for any 
removal costs or damages specified under subsection (a), no 
other claim may be paid from the Fund for the same removal 
costs or damages.
  (j) Obligation in Accordance With Plan.--
          (1) In general.--Except as provided in paragraph (2), 
        amounts may be obligated from the Fund for the 
        restoration, rehabilitation, replacement, or 
        acquisition of natural resources only in accordance 
        with a plan adopted under section 1006(c).
          (2) Exception.--Paragraph (1) shall not apply in a 
        situation requiring action to avoid irreversible loss 
        of natural resources or to prevent or reduce any 
        continuing danger to natural resources or similar need 
        for emergency action.
  (k) Preference for Private Persons in Area Affected by 
Discharge.--
          (1) In general.--In the expenditure of Federal funds 
        for removal of oil, including for distribution of 
        supplies, construction, and other reasonable and 
        appropriate activities, under a contract or agreement 
        with a private person, preference shall be given, to 
        the extent feasible and practicable, to private persons 
        residing or doing business primarily in the area 
        affected by the discharge of oil.
          (2) Limitation.--This subsection shall not be 
        considered to restrict the use of Department of Defense 
        resources.
  (l) Reports.--
          (1) In general.--[Within one year after the date of 
        enactment of the Coast Guard Authorization Act of 2010, 
        and annually thereafter,] Each year, on the date on 
        which the President submits to Congress a budget under 
        section 1105 of title 31, United States Code, the 
        President, through the Secretary of the Department in 
        which the Coast Guard is operating, shall--
                  (A) provide a report on disbursements for the 
                preceding fiscal year from the Fund, regardless 
                of whether those disbursements were subject to 
                annual appropriations, to--
                          (i) the Senate Committee on Commerce, 
                        Science, and Transportation; and
                          (ii) the House of Representatives 
                        Committee on Transportation and 
                        Infrastructure; and
                  (B) make the report available to the public 
                on the National Pollution Funds Center Internet 
                website.
          [(2) Contents.--The report shall include--
                  [(A) a list of each disbursement of $250,000 
                or more from the Fund during the preceding 
                fiscal year; and
                  [(B) a description of how each such use of 
                the Fund meets the requirements of subsection 
                (a).]
          (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.
          (3) Agency recordkeeping.--Each Federal agency that 
        receives amounts from the Fund shall maintain records 
        describing the purposes for which such funds were 
        obligated or expended in such detail as the Secretary 
        may require for purposes of the report required under 
        paragraph (1).

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TITLE V--PRINCE WILLIAM SOUND PROVISIONS

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SEC. 5009. VESSEL RESPONSE PLANS IN THE ARCTIC.

  The Secretary of the department in which the Coast Guard is 
operating may not approve a vessel response plan under section 
311(j)(5) of the Federal Water Pollution Control Act for a 
vessel operating in any area covered by the Captain of the Port 
Zone, as established by the Secretary, that includes the Arctic 
(as defined in section 112 of the Arctic Research and Policy 
Act of 1984 (15 U.S.C. 4111)), unless the Secretary verifies 
that--
          (1) all equipment required to be available for 
        response under the plan has been tested and proven 
        capable of operating in the environment in which it is 
        intended to be operated, as determined by the 
        Secretary; and
          (2) the oil spill removal organization identified in 
        the vessel response plan under section 311(j)(5) of the 
        Federal Water Pollution Control Act--
                  (A) has records of training for equipment 
                operators; and
                  (B) conducts a full equipment deployment 
                exercise in the area covered by the vessel 
                response plan at least once every 3 years, 
                except that the Secretary may waive a required 
                full equipment deployment exercise, upon 
                request of the organization, if the 
                organization implemented the vessel response 
                plan (including the deployment of equipment and 
                operators) during the preceding 3 years in 
                response to a discharge or substantial threat 
                of a discharge of oil.

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