[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2518 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 133
115th CONGRESS
  1st Session
                                H. R. 2518

                          [Report No. 115-194]

 To authorize appropriations for the Coast Guard for fiscal years 2018 
                   and 2019, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2017

 Mr. Hunter (for himself, Mr. Garamendi, Mr. Shuster, and Mr. DeFazio) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

                             June 26, 2017

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 18, 
                                 2017]


_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the Coast Guard for fiscal years 2018 
                   and 2019, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; 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).
                                                 Union Calendar No. 133

115th CONGRESS

  1st Session

                               H. R. 2518

                          [Report No. 115-194]

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for the Coast Guard for fiscal years 2018 
                   and 2019, and for other purposes.

_______________________________________________________________________

                             June 26, 2017

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed