[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Pages S4479-S4505]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 495. Mr. THUNE (for himself, Mr. Sullivan, and Mr. Wicker)
submitted an amendment intended to be proposed by him to the bill H.R.
2810, to authorize appropriations for fiscal year 2018 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
After title XXXV, insert the following:
TITLE XXXVI--COAST GUARD
SEC. 3601. CERTAIN DELAYED EFFECTIVE DATES.
The amendments made by section 3626 shall take effect on
January 1, 2018.
Subtitle A--Authorizations
SEC. 3611. AUTHORIZATION OF APPROPRIATIONS.
Section 2702 of title 14, United States Code, is amended to
read as follows:
``Sec. 2702. Authorization of appropriations
``Funds are authorized to be appropriated for each of
fiscal years 2018 and 2019 for necessary expenses of the
Coast Guard as follows:
``(1) For the operation and maintenance of the Coast Guard,
not otherwise provided for--
``(A) $7,300,000,000 for fiscal year 2018; and
``(B) $7,592,000,000 for fiscal year 2019.
``(2) For the acquisition, construction, renovation, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment
related thereto, and for maintenance, rehabilitation, lease,
and operation of facilities and equipment--
``(A) $1,985,845,000 for fiscal year 2018, to remain
available through September 30, 2022; and
``(B) $2,027,547,745 for fiscal year 2019, to remain
available through September 30, 2023.
``(3) For the Coast Guard Reserve program, including
operations and maintenance of the program, personnel and
training costs, equipment, and services--
``(A) $142,956,336 for fiscal year 2018; and
``(B) $145,958,419 for fiscal year 2019.
``(4) For the environmental compliance and restoration of
the Coast Guard under chapter 19 of this title--
``(A) $17,051,721 for fiscal year 2018, to remain available
through September 30, 2022; and
``(B) $17,409,807 for fiscal year 2019, to remain available
through September 20, 2023.
``(5) To the Commandant of the Coast Guard for research,
development, test, and evaluation of technologies, materials,
and human factors directly related to improving the
performance of the Coast Guard's mission with respect to
search and rescue, aids to navigation, marine safety, marine
environmental protection, enforcement of laws and treaties,
ice operations, oceanographic research, and defense
readiness, and for maintenance, rehabilitation, lease, and
operation of facilities and equipment--
``(A) $20,307,690 for fiscal year 2018; and
``(B) $20,734,151 for fiscal year 2019.''.
SEC. 3612. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.
Section 2704 of title 14, United States Code, is amended to
read as follows:
``Sec. 2704. Authorized levels of military strength and
training
``(a) Active Duty Strength.--The Coast Guard is authorized
an end-of-year strength for active duty personnel of 43,000
for each of fiscal years 2018 and 2019.
``(b) Military Training Student Loads.--The Coast Guard is
authorized average military training student loads for each
of fiscal years 2018 and 2019 as follows:
``(1) For recruit and special training, 2,500 student
years.
``(2) For flight training, 165 student years.
``(3) For professional training in military and civilian
institutions, 350 student years.
``(4) For officer acquisition, 1,200 student years.''.
Subtitle B--Coast Guard
SEC. 3621. PRIMARY DUTIES.
Section 2(7) of title 14, United States Code, is amended by
striking ``including the fulfillment of Maritime Defense Zone
command responsibilities'' and inserting ``and at all times
assist in the defense of the United States''.
SEC. 3622. TRAINING; EMERGENCY RESPONSE PROVIDERS.
(a) In General.--Chapter 7 of title 14, United States Code,
is amended by inserting after section 141 the following:
``Sec. 141a. Training; emergency response providers
``(a) In General.--The Commandant (or the Commandant's
designee) may, on a reimbursable or a nonreimbursable basis,
make training available to emergency response providers
whenever the Commandant (or the Commandant's designee)
determines that--
``(1) a member of the Coast Guard, who was 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 described
in paragraph (1), is able or available to participate in such
training; and
``(3) such training, if made available to emergency
response providers, would further
[[Page S4480]]
the goal of interoperability among Federal agencies, non-
Federal governmental agencies, or both.
``(b) Definition of Emergency Response Provider.--In this
section, the term `emergency response provider' has the
meaning given the term in section 101 of title 6.
``(c) Treatment of Reimbursement.--Any reimbursement 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; Limitation on Liability.--
``(1) Status.--Any individual to whom, as an emergency
response provider, training is made available under this
section shall not be considered a Federal employee for any
purpose, including the purposes of--
``(A) chapter 81 of title 5 (relating to compensation for
injury); or
``(B) sections 2671 through 2680 of title 28 (relating to
tort claims).
``(2) Limitation on liability.--The individual described in
paragraph (1) or that individual's employer shall be liable
for any claim arising out of such training.''.
(b) Table of Contents.--The table of contents of chapter 7
of title 14, United States Code, is amended by inserting
after the item relating to section 141 the following:
``141a. Training; emergency response providers.''.
SEC. 3623. COMMISSIONED SERVICE RETIREMENT.
Section 291 of title 14, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Any
regular'' and indenting appropriately;
(2) in subsection (a), as designated--
(A) by inserting ``of the Coast Guard'' after ``officer'';
and
(B) by striking ``President'' and inserting ``Secretary'';
and
(3) by adding at the end the following:
``(b) Active Commissioned Service.--The Secretary may
authorize the Commandant, through fiscal year 2019, to reduce
the requirement under subsection (a) for at least ten years
of active service as a commissioned officer to a period of
not less than eight years.''.
SEC. 3624. OFFICER PROMOTION ZONES.
Section 256(a) of title 14, United States Code, is amended
by striking ``six-tenths'' and inserting ``one-half''.
SEC. 3625. OFFICER EVALUATION REPORT.
(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Commandant of the Coast Guard
shall reduce lieutenant junior grade evaluation reports to
the same length as an ensign or place lieutenant junior grade
evaluations on an annual schedule.
(b) Board Survey.--The Commandant of the Coast Guard shall
survey outgoing promotion board members and assignment
officers to determine, at a minimum--
(1) which sections of the officer evaluation report were
most useful;
(2) which sections of the officer evaluation report were
least useful;
(3) how to better reflect high performers; and
(4) any recommendations for improving the officer
evaluation report.
(c) Survey of Officers.--The Commandant of the Coast Guard
shall conduct a survey on the officer evaluation report to--
(1) cover at least 10 percent of the officers from each
grade of officers from O1 to O6; and
(2) determine how much time each member of the rating chain
spends on that member's portion of the officer evaluation
report.
(d) Revisions.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the Commandant of the Coast Guard
shall revise the officer evaluation report, and providing
corresponding directions, taking into account the
requirements under paragraph (2).
(2) Requirements.--In revising the officer evaluation
report under paragraph (1), the Commandant shall--
(A) consider the findings of the surveys under subsections
(b) and (c);
(B) improve administrative efficiency;
(C) reduce and streamline performance dimensions and
narrative text;
(D) eliminate redundancy with the officer specialty
management system and any other record information systems
that are used during the officer assignment or promotion
process;
(E) provide for fairness and equity for Coast Guard
officers with regard to promotion boards, selection panels,
and the assignment process; and
(F) ensure officer evaluation responsibilities can be
accomplished within normal working hours--
(i) to minimize any impact to officer duties; and
(ii) to eliminate any need for an officer to take liberty
or leave for administrative purposes.
(e) Report.--
(1) In general.--Not later than 545 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--
(A) on the findings of the survey under subsection (b); and
(B) on the findings of the survey under subsection (c).
(2) Format.--The report under paragraph (1) shall be
formatted by each rank, type of board, and position, as
applicable.
SEC. 3626. REGULAR CAPTAINS; RETIREMENT.
Section 288(a) of title 14, United States Code, is
amended--
(1) by striking ``zone is'' and inserting ``zone, or from
being placed at the top of the list of selectees promulgated
by the Secretary under section 271(a) of this title, is'';
and
(2) by striking the period at the end and inserting ``or
from being placed at the top of the list of selectees, as
applicable.''.
SEC. 3627. INCLUSION OF VESSEL FOR INVESTIGATION PURPOSES.
(a) In General.--Section 678 of title 14, United States
Code, is amended by inserting ``or vessel'' after
``aircraft'' each place it appears.
(b) Technical and Conforming Amendments.--Chapter 17 of
title 14, United States Code, is amended--
(1) in the table of contents of chapter 17, by inserting
``and vessel'' after ``Aircraft'' in the item relating to
section 678; and
(2) in the heading for section 678, by inserting ``and
vessel'' after ``Aircraft''.
SEC. 3628. LEAVE FOR THE BIRTH OR ADOPTION OF A CHILD.
Section 431 of title 14, United States Code, is amended--
(1) by striking ``Not later than 1 year'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b),
not later than 1 year''; and
(2) by adding at the end the following:
``(b) Leave Associated With the Birth or Adoption of a
Child.--Notwithstanding section 701 of title 10 or any other
provision of law, the Secretary of the department in which
the Coast Guard is operating shall ensure that any rule,
policy, or memorandum that provides leave associated with the
birth or adoption of a child to an officer or enlisted member
of the Coast Guard permits, for not later than 1 year after
the date of such birth or adoption and at the discretion of
the Commanding Officer--
``(1) the officer or member, as applicable, to take such
leave in increments; and
``(2) flexible work schedules (as defined in regulation
promulgated by the Secretary) for the officer or member, as
applicable, until all such leave is expended.''.
SEC. 3629. AVIATION CADETS; APPOINTMENT AS RESERVE OFFICERS;
CROSS REFERENCE.
Section 373(a) of title 14, United States Code, is amended
by inserting ``designated under section 371'' after
``cadet''.
SEC. 3630. CLOTHING AT TIME OF DISCHARGE FOR GOOD OF SERVICE;
REPEAL.
Section 482 of title 14, United States Code, and the item
relating to that section in the table of contents of chapter
13 of that title, are repealed.
SEC. 3631. MULTIYEAR CONTRACTS.
The Secretary is authorized to enter into a multiyear
contract for the procurement of a tenth, eleventh, and
twelfth National Security Cutter and associated government-
furnished equipment.
SEC. 3632. COAST GUARD ROTC PROGRAM.
Not later than 1 year after the date of enactment of this
Act, the Commandant of the Coast Guard shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the costs and
benefits of creating a Coast Guard Reserve Officers' Training
Corps Program based on the other armed forces programs.
SEC. 3633. NATIONAL COAST GUARD MUSEUM.
Subsection (b) of section 98 of title 14, United States
Code, is amended to read as follows:
``(b) Expenditures.--The Secretary shall fund the operation
and maintenance of the National Coast Guard Museum with
nonappropriated and non-Federal funds to the maximum extent
practicable. The priority use of Federal operation and
maintenance funds should be to preserve and protect historic
Coast Guard artifacts, including the design, fabrication, and
installation of exhibits or displays in which such artifacts
are included.''.
SEC. 3634. POLAR ICEBREAKERS.
(a) Rolling Recapitalization Report for the POLAR STAR.--
(1) Requirement for report.--The Secretary of the
department in which the Coast Guard is operating, in
consultation with Naval Sea Systems Command, shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a detailed report describing
a plan to extend the service life of the Coast Guard Cutter
POLAR STAR (WAGB-10) under a rolling recapitalization plan
for 7 to 10 years.
(2) Content.--The report required by paragraph (1) shall
include the following:
(A) Based upon a materiel condition assessment of the Coast
Guard Cutter POLAR STAR (WAGB-10)--
(i) a description of the service life extension needs of
the vessel;
(ii) detailed information regarding planned shipyard work
for each fiscal year to meet such needs; and
(iii) an estimate of the specific amount needed to be
appropriated to complete the rolling recapitalization of the
vessel.
(B) A plan to ensure the vessel will maintain seasonally
operational status during the rolling recapitalization.
(b) Authorization of Appropriations.--The Commandant of the
Coast Guard may
[[Page S4481]]
use funds made available pursuant to section 2702(2) of title
14, United States Code, as amended by section 3611 of this
Act, for the rolling recapitalization described in the report
required by subsection (a).
SEC. 3635. GREAT LAKES ICEBREAKER ACQUISITION.
(a) Icebreaking on the Great Lakes.--For fiscal years 2018
and 2019, the Commandant of the Coast Guard may use funds
made available pursuant to section 2702(2) of title 14,
United States Code, as amended by section 3611 of this Act,
for the selection of a design for, and the construction of,
an icebreaker that is at least as capable as the Coast Guard
Cutter Mackinaw to enhance icebreaking capacity on the Great
Lakes.
(b) Initial Survey and Design Work.--The Commandant of the
Coast Guard shall commence initial survey and design work
associated with the acquisition of a new Coast Guard
icebreaker that is at least as capable as the Coast Guard
Cutter Mackinaw to enhance icebreaking capacity on the Great
Lakes.
(c) Acquisition Plan.--Not later than 45 days after the
date of enactment of this Act, the Commandant shall submit a
plan to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives for acquiring an icebreaker described in
subsections (a) and (b). Such plan shall include--
(1) the details and schedule of the acquisition activities
to be completed; and
(2) a description of how the funding for Coast Guard
acquisition, construction, and improvements that was
appropriated under the Consolidated Appropriations Act of
2017 (Public Law 115-31) will be allocated to support the
acquisition activities referred to in paragraph (1).
Subtitle C--Marine Safety
SEC. 3641. COAST GUARD ADVISORY COMMITTEES.
(a) Establishment.--Subtitle I of title 46, United States
Code, is amended by adding at the end the following:
``CHAPTER 7--COAST GUARD ADVISORY COMMITTEES
``Sec. ................................................................
``701. Administration.
``702. Chemical Transportation Advisory Committee.
``703. Commercial Fishing Safety Advisory Committee.
``704. Great Lakes Pilotage Advisory Committee.
``705. Lower Mississippi River Waterway Safety Advisory Committee.
``706. Merchant Marine Personnel Advisory Committee.
``707. Merchant Mariner Medical Advisory Committee.
``708. National Boating Safety Advisory Council.
``709. National Maritime Security Advisory Committee.
``710. National Offshore Safety Advisory Committee.
``711. Navigation Safety Advisory Council.
``712. Towing Safety Advisory Committee.
``Sec. 701. Administration
``(a) Employee Status.--A member of an advisory committee
or advisory council established under this chapter shall not
be considered an employee of the Federal Government by reason
of service on such committee or council, except for the
purposes of the following provisions of law:
``(1) Section 5703 of title 5 (relating to travel
expenses).
``(2) Chapter 81 of title 5 (relating to compensation for
work injuries).
``(3) Chapter 171 of title 28 and any other Federal statute
relating to tort liability.
``(4) If the member is a special Government employee--
``(A) chapter 73 of title 5;
``(B) sections 201, 202, 203, 205, 207, 208, and 209 of
title 18;
``(C) the Ethics in Government Act of 1978 (5 U.S.C. App);
and
``(D) any other provision of law relating to employee
conduct, political activities, ethics, conflict of interest,
and corruption that applies to a special Government employee.
``(b) Compensation.--A member of an advisory committee or
advisory council established under this chapter who is not
otherwise a Federal employee shall not receive pay by reason
of service on such committee or council.
``(c) Acceptance of Volunteer Services.--A member of an
advisory committee or advisory council established under this
chapter may serve on a voluntary basis without pay without
regard to section 1342 of title 31 or any other law.
``Sec. 702. Chemical Transportation Advisory Committee
``(a) Establishment.--There is established a Chemical
Transportation Advisory Committee (referred to in this
section as the `Committee').
``(b) Function.--The Committee, acting through the
Commandant (or the Commandant's designee), is authorized to
advise, consult with, report to, and make recommendations to
the Secretary on matters relating to the safe and secure
marine transportation of hazardous materials.
``(c) Organization.--
``(1) Meeting.--The Committee shall, at least once each
calendar year, meet at the call of the Commandant (or the
Commandant's designee).
``(2) Membership.--
``(A) In general.--The Committee shall consist of not more
than 25 members.
``(B) Points of view.--Each member of the Committee shall
represent the point of view of 1 of the following entities or
groups associated with marine transportation of hazardous
materials:
``(i) Chemical manufacturing.
``(ii) Marine handling or transportation of chemicals.
``(iii) Vessel design and construction.
``(iv) Marine safety or security.
``(v) Marine environmental protection.
``(C) Needs of the coast guard.--The Commandant (or the
Commandant's designee) shall, based on the needs of the Coast
Guard, determine the number of members who represent a
specific point of view.
``(D) Rule of construction.--Neither this subsection nor
any other provision of law or policy shall be construed to
require an equal distribution of members representing
specific points of view among the membership of the
Committee.
``(3) Status of members.--For the purposes of Federal law,
including the Ethics in Government Act of 1978 and chapter 11
of title 18, each member of the Committee is hereby deemed a
representative of the member's respective special interest
entity or group, and not a special Government employee (as
defined in section 202(a) of title 18).
``(4) Nominations; appointments; service.--
``(A) Nominations.--As necessary, the Secretary shall
publish, in the Federal Register, a notice soliciting
nominations for membership on the Committee.
``(B) Appointments.--
``(i) In general.--After timely notice is published, the
Secretary shall, as necessary, appoint members to the
Committee.
``(ii) Limitations.--The Secretary may not seek, consider,
or otherwise use information concerning the political
affiliation of a nominee in making an appointment to the
Committee.
``(iii) Reappointments.--The Secretary may reappoint a
member to the Committee more than once.
``(C) Service.--Each member of the Committee shall serve at
the pleasure of the Secretary.
``(5) Term; vacancy.--
``(A) Term.--
``(i) In general.--The term of each member of the Committee
shall expire on December 31 of the third full year after the
effective date of the appointment.
``(ii) Extensions.--Notwithstanding clause (i), paragraph
(4), or any other provision of law or policy, the Commandant
(or the Commandant's designee) may extend the term of a
member of the Committee to December 31 of the fifth full year
after the effective date of the appointment.
``(B) Vacancy.--In the case of an appointment to fill a
vacancy on the Committee, the Secretary shall appoint an
individual for a full term.
``(6) Chairperson; vice chairperson.--
``(A) In general.--The Commandant (or the Commandant's
designee) shall designate 1 member of the Committee as the
Chairperson and another member of the Committee as the Vice
Chairperson, both of whom shall serve in such capacity at the
pleasure of the Commandant (or the Commandant's designee) and
for a term to be fixed by the Commandant (or the Commandant's
designee).
``(B) Recommendations.--The Commandant (or the Commandant's
designee) may solicit, from the Committee, recommendations
with regard to the members whom the Commandant (or the
Commandant's designee) shall designate as the Chairperson and
the Vice Chairperson.
``(C) Vacancy.--The Vice Chairperson shall act as
Chairperson in the absence or incapacity of, or in the event
of a vacancy in the office of, the Chairperson.
``(7) Designated federal officer.--The Commandant (or the
Commandant's designee) shall designate a Designated Federal
Officer to the Committee in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.).
``(d) Federal Advisory Committee Act; Termination.--
``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Committee.
``(2) Termination.--The Committee shall terminate on
September 30, 2027.
``Sec. 703. Commercial Fishing Safety Advisory Committee
``(a) Establishment.--There is established a Commercial
Fishing Safety Advisory Committee (referred to in this
section as the `Committee').
``(b) Function.--The Committee, acting through the
Commandant (or the Commandant's designee)--
``(1) shall advise, consult with, report to, and make
recommendations to the Secretary on matters relating to the
safe operation of vessels to which chapter 45 of this title
applies, including navigation safety, safety equipment and
procedures, marine insurance, vessel design, construction,
maintenance and operation, and personnel qualifications and
training;
``(2) shall review proposed regulations promulgated
pursuant to chapter 45 of this title;
``(3) shall submit recommendations described in paragraph
(1) to the Secretary in writing;
``(4) may submit any recommendations described in paragraph
(1) at any time and frequency as determined to be appropriate
by the Committee;
[[Page S4482]]
``(5) shall to review proposed regulations promulgated
pursuant to chapter 45 of this title; and
``(6) shall make available to Congress any information,
advice, and recommendations that the Committee is authorized
to give to the Secretary.
``(c) Organization.--
``(1) Meeting.--The Committee shall, at least once each
calendar year, meet at the call of the Commandant (or the
Commandant's designee).
``(2) Membership.--
``(A) In general.--The Committee shall consist of 18
members.
``(B) Experience.--Each member of the Committee shall have
particular expertise, knowledge, and experience regarding the
commercial fishing industry.
``(C) Points of view.--Except as provided in subparagraph
(D), a member of the Committee shall represent the point of
view of an entity or group, as follows:
``(i) 10 members representing the commercial fishing
industry who--
``(I) reflect a regional and representational balance; and
``(II) have experience in the operation of vessels to which
chapter 45 of this title applies or as a crew member or
processing line worker on a fish processing vessel.
``(ii) 1 member representing naval architects or marine
engineers.
``(iii) 1 member representing manufacturers of equipment
for vessels to which chapter 45 of this title applies.
``(iv) 1 member representing education or training
professionals related to fishing vessel, fish processing
vessel, or fish tender vessel safety or personnel
qualifications.
``(v) 1 member representing underwriters that insure
vessels to which chapter 45 of this title applies.
``(vi) 1 member representing owners of vessels to which
chapter 45 of this title applies.
``(D) Exception.--
``(i) In general.--Subject to clause (ii), 3 members of the
Committee shall represent the general public.
``(ii) Experience.--Whenever possible, a member who
represents the general public shall be either--
``(I) an independent expert or consultant in maritime
safety;
``(II) a marine surveyor who provides services to vessels
to which chapter 45 of this title applies; or
``(III) a person familiar with issues affecting fishing
communities and families of fishermen.
``(3) Status of members.--For the purposes of Federal law,
including the Ethics in Government Act of 1978 and chapter 11
of title 18--
``(A) a member of the Committee, whom the Secretary
appoints to represent a point of view of an entity or group
under paragraph (2)(C), is hereby deemed a representative of
the member's respective special interest entity or group, and
not a special Government employee (as defined in section
202(a) of title 18); and
``(B) a member of the Committee, whom the Secretary may
appoint to represent the general public, is hereby deemed a
special Government employee (as defined in section 202(a) of
title 18).
``(4) Nominations; appointments; service.--
``(A) Nominations.--As necessary, the Secretary shall
publish, in the Federal Register, a notice soliciting
nominations for membership on the Committee.
``(B) Appointments.--
``(i) In general.--After timely notice is published, the
Secretary shall, as necessary, appoint members to the
Committee.
``(ii) Limitations.--The Secretary may not seek, consider,
or otherwise use information concerning the political
affiliation of a nominee in making an appointment to the
Committee.
``(iii) Reappointments.--The Secretary may reappoint a
member to the Committee more than once.
``(5) Term; vacancy.--
``(A) Term.--
``(i) In general.--The term of each member of the Committee
shall expire on December 31 of the third full year after the
effective date of the appointment.
``(ii) Extensions.--Notwithstanding clause (i), paragraph
(4), or any other provision of law or policy, the Commandant
(or the Commandant's designee) may extend the term of a
member of the Committee to December 31 of the fifth full year
after the effective date of the appointment.
``(B) Vacancy.--In the case of an appointment to fill a
vacancy on the Committee, the Secretary shall appoint an
individual for a full term.
``(6) Chairperson; vice chairperson.--
``(A) In general.--The Committee shall elect a Chairperson
and Vice Chairperson from among its members.
``(B) Recommendations.--The Commandant (or the Commandant's
designee) may solicit, from the Committee, recommendations
with regard to the members whom the Commandant (or the
Commandant's designee) shall designate as the Chairperson and
the Vice Chairperson.
``(C) Vacancy.--The Vice Chairperson shall act as
Chairperson in the absence or incapacity of, or in the event
of a vacancy in the office of, the Chairperson.
``(7) Designated federal officer.--The Commandant (or the
Commandant's designee) shall designate a Designated Federal
Officer to the Committee in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.).
``(d) Consultation.--The Commandant (or the Commandant's
designee) shall, whenever practicable--
``(1) consult with the Committee before taking any
significant action relating to the safe operation of vessels
to which chapter 45 of this title applies;
``(2) consider the information, advice, and recommendations
of the Committee in consulting with other agencies and the
public or in formulating policy regarding the safe operation
of vessels to which chapter 45 of this title applies;
``(3) make all recommendations made by the Committee in
paragraph (b) public and available for comment within 30 days
of receiving the recommendation from the Committee;
``(4) respond in writing to all public comments made
regarding recommendations made by the Committee in paragraph
(b);
``(5) respond in writing to any recommendations or
resolutions made by the Committee in paragraph (b) and
provide reasoning for acceptation or rejection to all
recommendations within 60 days of receiving the
recommendation; and
``(6) make all responses in paragraph (5) available to the
Congress and the public at the time the response is
transmitted.
``(e) Federal Advisory Committee Act; Termination.--
``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Committee.
``(2) Termination.--The Committee shall terminate on
September 30, 2027.
``Sec. 704. Great Lakes Pilotage Advisory Committee
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a Great
Lakes Pilotage Advisory Committee (referred to in this
section as the `Committee').
``(2) Duties.--The Committee--
``(A) may review proposed Great Lakes pilotage regulations
and policies and make recommendations to the Secretary that
the Committee considers appropriate;
``(B) may advise, consult with, report to, and make
recommendations to the Secretary on matters relating to Great
Lakes pilotage;
``(C) may make available to the Congress recommendations
that the Committee makes to the Secretary; and
``(D) shall meet at the call of--
``(i) the Secretary, who shall call such a meeting at least
once during each calendar year; or
``(ii) a majority of the Committee.
``(b) Organization.--
``(1) In general.--
``(A) Membership.--The Committee shall consist of 7 members
appointed by the Secretary in accordance with this
subsection, each of whom has at least 5 years practical
experience in maritime operations.
``(B) Term.--The term of each member is for a period of not
more than 5 years, specified by the Secretary.
``(C) Notice.--Before filling a position on the Committee,
the Secretary shall publish a notice in the Federal Register
soliciting nominations for membership on the Committee.
``(2) Representation.--The membership of the Committee
shall include--
``(A) the President of each of the 3 Great Lakes pilotage
districts, or the President's representative;
``(B) 1 member representing the interests of vessel
operators that contract for Great Lakes pilotage services;
``(C) 1 member representing the interests of Great Lakes
ports;
``(D) 1 member representing the interests of shippers whose
cargoes are transported through Great Lakes ports; and
``(E) a member with a background in finance or accounting,
who--
``(i) must have been recommended to the Secretary by a
unanimous vote of the other members of the Committee, and
``(ii) may be appointed without regard to requirement in
paragraph (1) that each member have 5 years of practical
experience in maritime operations.
``(c)(1) Chairperson; Vice Chairperson.--The Committee
shall elect 1 of its members as the Chairperson and 1 of its
members as the Vice Chairperson. The Vice Chairperson shall
act as Chairperson in the absence or incapacity of the
Chairperson, or in the event of a vacancy in the office of
the Chairperson.
``(2) Observer.--The Secretary shall, and any other
interested agency may, designate a representative to
participate as an observer with the Committee. The
Secretary's designated representative shall act as the
executive secretary of the Committee and shall perform the
duties set forth in section 10(c) of the Federal Advisory
Committee Act (5 U.S.C. App.).
``(d) Recommendations.--
``(1) In general.--The Secretary shall, whenever
practicable, consult with the Committee before taking any
significant action relating to Great Lakes pilotage.
``(2) Consideration.--The Secretary shall consider the
information, advice, and recommendations of the Committee in
formulating policy regarding matters affecting Great Lakes
pilotage.
``(3) Approval.--Any recommendations to the Secretary under
subsection (a)(2)(B) must have been approved by at least all
but 1 of the members then serving on the Committee.
``(e)(1) Compensation.--Notwithstanding section 701, a
member of the Committee,
[[Page S4483]]
when attending meetings of the Committee or when otherwise
engaged in the business of the Committee, is entitled to
receive--
``(A) compensation at a rate fixed by the Secretary, not
exceeding the daily equivalent of the current rate of basic
pay in effect for GS-18 of the General Schedule under section
5332 of title 5 including travel time; and
``(B) travel or transportation expenses under section 5703
of title 5.
``(2) Employee Status.--Notwithstanding section 701, a
member of the Committee shall not be considered to be an
officer or employee of the United States for any purpose
based on their receipt of any payment under this subsection.
``(f) Federal Advisory Committee Act; Termination.--
``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) applies to the Committee, except that the Committee
terminates on September 30, 2020.
``(2) Renewal.--2 years before the termination date set
forth in paragraph (1) of this subsection, the Committee
shall submit to the Congress its recommendation regarding
whether the Committee should be renewed and continued beyond
the termination date.
``Sec. 705. Lower Mississippi River Waterway Safety Advisory
Committee
``(a) Establishment.--There is established a Lower
Mississippi River Waterway Safety Advisory Committee
(referred to in this section as the `Committee').
``(b) Function.--The Committee, acting through the
Commandant (or the Commandant's designee), is authorized to
advise, consult with, report to, and make recommendations to
the Secretary on matters relating to communication,
surveillance, traffic management, anchorages, development and
operation of New Orleans Vessel Traffic Services, and other
related topics dealing with and actions relating to
navigational safety on the Lower Mississippi River.
``(c) Organization.--
``(1) Meeting.--The Committee shall, at least once each
calendar year, meet at the call of the Commandant (or the
Commandant's designee).
``(2) Membership.--
``(A) In general.--The Committee shall consist of 25
members.
``(B) Experience.--Each member of the Committee shall have
expertise, knowledge, and experience regarding the
transportation, equipment, and techniques that are used to
ship cargo and to navigate vessels on the Lower Mississippi
River and its connecting navigable waterways, including the
Gulf of Mexico.
``(C) Points of view.--Except as provided in subparagraph
(D), each member of the Committee shall represent the point
of view of an entity or group, as follows:
``(i) 5 members representing River Port Authorities between
Baton Rouge, Louisiana, and the head of passes of the Lower
Mississippi River, of which--
``(I) 1 member shall be from the Port of St. Bernard; and
``(II) 1 member from the Port of Plaquemines.
``(ii) 2 members representing vessel owners or ship owners
domiciled in the State of Louisiana.
``(iii) 2 members representing organizations which operate
harbor tugs or barge fleets in the geographical area covered
by the Committee.
``(iv) 2 members representing companies which transport
cargo or passengers on the navigable waterways in the
geographical area covered by the Committee.
``(v) 3 members representing State Commissioned Pilot
organizations, with 1 member each representing--
``(I) the New Orleans-Baton Rouge Steamship Pilots
Association;
``(II) the Crescent River Port Pilots Association; and
``(III) the Association Branch Pilots.
``(vi) 3 members representing consumers, shippers, or
importers and exporters that utilize vessels which utilize
the navigable waterways covered by the Committee.
``(vii) 2 members representing those licensed merchant
mariners, other than pilots, who perform shipboard duties on
those vessels which utilize navigable waterways covered by
the Committee.
``(viii) 1 member representing an organization that serves
in a consulting or advisory capacity to the maritime
industry.
``(ix) 1 member representing an environmental organization.
``(D) Additional members.--
``(i) In general.--4 members of the Committee shall
represent the general public.
``(ii) Water transportation facilities.--Whenever possible,
2 of the 4 members who represent the general public shall be
individuals who utilize water transportation facilities
located in the geographic area that the Committee covers.
``(3) Status of members.--For the purposes of Federal law,
including the Ethics in Government Act of 1978 and chapter 11
of title 18--
``(A) each member of the Committee, whom the Secretary
appoints to represent the point of view of an entity or group
set out in paragraph (2)(C), is hereby deemed a
representative of the member's respective special interest
entity or group, and not a special Government employee (as
defined in section 202(a) of title 18); and
``(B) each member of the Committee, whom the Secretary
appoints to represent the general public, is hereby deemed a
special Government employee (as defined in section 202(a) of
title 18).
``(4) Nominations; appointments; service.--
``(A) Nominations.--As necessary, the Secretary shall
publish, in the Federal Register, a notice soliciting
nominations for membership on the Committee.
``(B) Appointments.--
``(i) In general.--After timely notice is published, the
Secretary shall, as necessary, appoint members to the
Committee.
``(ii) Limitations.--The Secretary may not seek, consider,
or otherwise use information concerning the political
affiliation of a nominee in making an appointment to the
Committee.
``(iii) Reappointments.--The Secretary may reappoint a
member to the Committee more than once.
``(C) Service.--Each member of the Committee shall serve at
the pleasure of the Secretary.
``(5) Term; vacancy.--
``(A) Term.--
``(i) In general.--The term of each member of the Committee
shall expire on December 31 of the third full year after the
effective date of the appointment.
``(ii) Extension.--Notwithstanding clause (i), paragraph
(4), or any other provision of law or policy, the Commandant
(or the Commandant's designee) may extend the term of a
member of the Committee to December 31 of the fifth full year
after the effective date of the appointment.
``(B) Vacancy.--In the case of an appointment to fill a
vacancy on the Committee, the Secretary shall appoint an
individual for a full term.
``(6) Chairperson; vice chairperson.--
``(A) In general.--The Commandant (or the Commandant's
designee) shall designate 1 member of the Committee as the
Chairperson and another member of the Committee as the Vice
Chairperson, both of whom shall serve in such capacity at the
pleasure of the Commandant (or the Commandant's designee) and
for a term to be fixed by the Commandant (or the Commandant's
designee).
``(B) Recommendations.--The Commandant (or the Commandant's
designee) may solicit, from the Committee, recommendations
with regard to the members whom the Commandant (or the
Commandant's designee) shall designate as the Chairperson and
the Vice Chairperson.
``(C) Vacancy.--The Vice Chairperson shall act as
Chairperson in the absence or incapacity of, or in the event
of a vacancy in the office of, the Chairperson.
``(7) Designated federal officer.--The Commandant (or the
Commandant's designee) shall designate a Designated Federal
Officer to the Committee in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.).
``(d) Consultation.--The Commandant (or the Commandant's
designee) shall, whenever practicable, consult with the
Committee before taking any significant action relating to
navigation safety in the Lower Mississippi River.
``(e) Federal Advisory Committee Act; Termination.--
``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Committee.
``(2) Termination.--The Committee shall terminate on
September 30, 2027.
``Sec. 706. Merchant Marine Personnel Advisory Committee
``(a) Establishment.--There is established a Merchant
Marine Personnel Advisory Committee (referred to in this
section as the `Committee').
``(b) Function.--The Committee, acting through the
Commandant (or the Commandant's designee), is authorized to
advise, consult with, report to, and make recommendations to
the Secretary on matters relating to personnel in the United
States merchant marine, including training, qualifications,
certification, documentation, and fitness standards.
``(c) Meeting.--The Committee shall, at least once each
calendar year, meet at the call of the Commandant (or the
Commandant's designee).
``(d) Membership.--
``(1) In general.--The Committee shall consist of 19
members.
``(2) Points of view.--Except as provided in subparagraph
(C), each member of the Committee shall represent the point
of view of an entity or group, as follows:
``(A) 9 members representing the interests of mariners--
``(i) each of whom--
``(I) shall be a citizen of the United States; and
``(II) shall hold an active license or certificate issued
under chapter 71 of this title or a merchant mariner document
issued under chapter 73 of this title; and
``(ii) among whom shall be--
``(I) 3 deck officers representing the interests of
merchant marine deck officers, of whom--
``(aa) 2 shall be licensed for oceans any gross tons;
``(bb) 1 shall be licensed for inland river route with a
limited or unlimited tonnage;
``(cc) 2 shall have a master's license or a master of
towing vessels license;
``(dd) 1 shall have significant tanker experience; and
``(ee) to the extent practicable--
``(AA) 1 shall represent the interests of labor; and
``(BB) 1 shall represent the interests of management;
[[Page S4484]]
``(II) 3 engineering officers representing the interests of
merchant marine engineering officers, of whom--
``(aa) 2 shall be licensed as chief engineer any
horsepower;
``(bb) 1 shall be licensed as either a limited chief
engineer or a designated duty engineer; and
``(cc) to the extent practicable--
``(AA) 1 shall represent the interests of labor; and
``(BB) 1 shall represent the interests of management;
``(III) 2 unlicensed seamen, of whom--
``(aa) 1 shall represent the interests of able-bodied
seamen; and
``(bb) 1 shall represent the interests of qualified members
of the engine department; and
``(IV) 1 pilot representing the interests of merchant
marine pilots.
``(B) 6 members representing the interests of marine
educators--
``(i) each of whom shall be a marine educator; and
``(ii) among whom shall be--
``(I) 3 marine educators who shall represent the interests
of maritime academies, including--
``(aa) 2 who shall represent the interests of State
maritime academies; and
``(bb) 1 who shall represent either the viewpoint of the
State maritime academies or the United States Merchant Marine
Academy; and
``(II) 3 marine educators who shall represent the interests
of other maritime training institutions, 1 of whom shall
represent the interests of the small vessel industry.
``(C) 2 members representing the interests of shipping
companies employed in ship operation management.
``(D) 2 members of the Committee shall represent the
general public.
``(3) Status of members.--
``(A) In general.--For the purposes of Federal law,
including the Ethics in Government Act of 1978 and chapter 11
of title 18--
``(i) a member of the Committee, whom the Secretary
appoints to represent the point of view of an entity or group
set out in paragraph (2)(B), is hereby deemed a
representative of the member's respective special interest
entity or group, and not a special Government employee (as
defined in section 202(a) of title 18); and
``(ii) a member of the Committee, whom the Secretary
appoints to represent the general public, is hereby deemed a
special Government employee (as defined in section 202(a) of
title 18).
``(B) Rule of construction.--Nothing in this section shall
be construed to prohibit the nomination or appointment of a
Federal employee to serve as a member of the Committee
representing the interests of the United States Merchant
Marine Academy.
``(4) Nominations; appointments; service.--
``(A) Nominations.--As necessary, the Secretary shall
publish, in the Federal Register, a notice soliciting
nominations for membership on the Committee.
``(B) Appointments.--
``(i) In general.--After timely notice is published, the
Secretary shall, as necessary, appoint members to the
Committee.
``(ii) Limitations.--The Secretary may not seek, consider,
or otherwise use information concerning the political
affiliation of a nominee in making an appointment to the
Committee.
``(iii) Reappointment.--The Secretary may reappoint a
member to the Committee more than once.
``(C) Soliciting nominations.--Notwithstanding
subparagraphs (A) and (B), the Secretary may--
``(i) with regard to the appointment of a member or members
to represent the interests of the State maritime academies,
solicit nominations for membership on the Committee from each
State maritime academy or a joint nomination from some or all
State maritime academies; and
``(ii) with regard to the appointment of a member to
represent the interests of the United States Merchant Marine
Academy, solicit a nomination for membership on the Committee
from the Secretary of Transportation.
``(D) Service.--Each member of the Committee shall serve at
the pleasure of the Secretary.
``(5) Term; vacancy.--
``(A) Term.--
``(i) In general.--The term of each member of the Committee
shall expire on December 31 of the third full year after the
effective date of the appointment.
``(ii) Extensions.--Notwithstanding clause (i), paragraph
(4), or any other provision of law or policy, the Commandant
(or the Commandant's designee) may extend the term of a
member of the Committee to December 31 of the fifth full year
after the effective date of the appointment.
``(iii) Vacancy.--In the case of an appointment to fill a
vacancy on the Committee, the Secretary shall appoint an
individual for a full term.
``(6) Chairperson; vice chairperson.--
``(A) In general.--The Commandant (or the Commandant's
designee) shall designate 1 member of the Committee as the
Chairperson and another member of the Committee as the Vice
Chairperson, both of whom shall serve in such capacity at the
pleasure of the Commandant (or the Commandant's designee) and
for a term to be fixed by the Commandant (or the Commandant's
designee).
``(B) Recommendations.--The Commandant (or the Commandant's
designee) may solicit, from the Committee, recommendations
with regard to the members whom the Commandant (or the
Commandant's designee) shall designate as the Chairperson and
the Vice Chairperson.
``(C) Vacancy.--The Vice Chairperson shall act as
Chairperson in the absence or incapacity of, or in the event
of a vacancy in the office of, the Chairperson.
``(7) Designated federal officer.--The Commandant (or the
Commandant's designee) shall designate a Designated Federal
Officer to the Committee in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.).
``(e) Federal Advisory Committee Act; Termination.--
``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Committee.
``(2) Termination.--The Committee shall terminate on
September 30, 2027.
``Sec. 707. Merchant Mariner Medical Advisory Committee
``(a) Establishment.--There is established a Merchant
Mariner Medical Advisory Committee (referred to in this
section as the `Committee').
``(b) Function.--The Committee, acting through the
Commandant (or the Commandant's designee), is authorized to
advise, consult with, report to, and make recommendations to
the Secretary on matters relating to--
``(1) medical certification determinations of merchant
mariners;
``(2) medical standards and guidelines for the physical
qualifications of operators of commercial vessels;
``(3) medical examiner education; and
``(4) medical research.
``(c) Organization.--
``(1) Meeting.--The Committee shall, at least once each
calendar year, meet at the call of the Commandant (or the
Commandant's designee).
``(2) Membership.--
``(A) In general.--The Committee shall consist of 14
members.
``(B) Restriction.--No member of the Committee shall be a
regular Federal employee.
``(C) Experience.--Of the members of the Committee--
``(i) 10 members shall be healthcare professionals with
particular expertise, knowledge, or experience regarding the
medical examinations of merchant mariners or occupational
medicine; and
``(ii) 4 members shall be professional mariners with
knowledge and experience in mariners' occupational
requirements.
``(3) Status of members.--For the purposes of Federal law,
including the Ethics in Government Act of 1978 and chapter 11
of title 18, each member of the Committee is hereby deemed a
special Government employee (as defined in section 202(a) of
title 18).
``(4) Nominations; appointments; service.--
``(A) Nominations.--As necessary, the Secretary shall
publish, in the Federal Register, a notice soliciting
nominations for membership on the Committee.
``(B) Appointments.--
``(i) In general.--After timely notice is published, the
Secretary shall, as necessary, appoint members to the
Committee.
``(ii) Limitations.--The Secretary may not seek, consider,
or otherwise use information concerning the political
affiliation of a nominee in making an appointment to the
Committee.
``(iii) Reappointments.--The Secretary may reappoint a
member to the Committee more than once.
``(C) Service.--Each member of the Committee shall serve at
the pleasure of the Secretary.
``(5) Term; vacancy.--
``(A) Term.--
``(i) In general.--The term of each member of the Committee
shall expire on December 31 of the third full year after the
effective date of the appointment.
``(ii) Extensions.--Notwithstanding clause (i), paragraph
(4), or any other provision of law or policy, the Commandant
(or the Commandant's designee) may extend the term of a
member of the Committee to December 31 of the fifth full year
after the effective date of the appointment.
``(iii) Vacancy.--In the case of an appointment to fill a
vacancy on the Committee, the Secretary shall appoint an
individual for a full term.
``(6) Chairperson; vice chairperson.--
``(A) In general.--The Commandant (or the Commandant's
designee) shall designate 1 member of the Committee as the
Chairperson and another member of the Committee as the Vice
Chairperson, both of whom shall serve in such capacity at the
pleasure of the Commandant (or the Commandant's designee) and
for a term to be fixed by the Commandant (or the Commandant's
designee).
``(B) Recommendations.--The Commandant (or the Commandant's
designee) may solicit, from the Committee, recommendations
with regard to the members whom the Commandant (or the
Commandant's designee) shall designate as the Chairperson and
the Vice Chairperson.
``(C) Vacancy.--The Vice Chairperson shall act as
Chairperson in the absence or incapacity of, or in the event
of a vacancy in the office of, the Chairperson.
[[Page S4485]]
``(7) Designated federal officer.--The Commandant (or the
Commandant's designee) shall designate a Designated Federal
Officer to the Committee in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.).
``(d) Federal Advisory Committee Act; Termination.--
``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Committee.
``(2) Termination.--The Committee shall terminate on
September 30, 2027.
``Sec. 708. National Boating Safety Advisory Council
``(a) Establishment.--There is established a National
Boating Safety Advisory Council (referred to in this section
as the `Council').
``(b) Organization.--
``(1) Meeting.--The Council shall, at least once each
calendar year, meet at the call of the Commandant (or the
Commandant's designee).
``(2) Membership.--
``(A) In general.--The Council shall consist of 21 members.
``(B) Experience.--Each member of the Council shall have
particular expertise, knowledge, and experience in
recreational boating safety.
``(C) Points of view.--Except as provided in subparagraph
(D), each member of the Council shall represent the point of
view of an entity or group, as follows:
``(i) 7 members representing State officials responsible
for State boating safety programs.
``(ii) 7 members representing manufacturers, wholesale
distributors, or retail distributors of recreational vessels
or associated equipment.
``(iii) At least 5 members representing national
recreational boating organizations.
``(D) Additional members.--Not more than 2 members of the
Council may represent the general public.
``(E) Panels.--Additional individuals from an entity or
group set out in subparagraph (C) may be appointed to panels
of the Council to assist the Council in performing its
duties.
``(3) Status of members.--For the purposes of Federal law,
including the Ethics in Government Act of 1978 and chapter 11
of title 18--
``(A) a member of the Council, whom the Secretary appoints
to represent the point of view of an entity or group set out
in paragraph (2)(C), is hereby deemed a representative of the
member's respective special interest entity or group, and not
a special Government employee (as defined in section 202(a)
of title 18); and
``(B) in the event that the Secretary appoints a member to
represent the general public, such member of the Council is
hereby deemed a special Government employee (as defined in
section 202(a) of title 18).
``(4) Nominations; appointments; service.--
``(A) Nominations.--As necessary, the Secretary shall
publish, in the Federal Register, a notice soliciting
nominations for membership on the Council.
``(B) Appointments.--
``(i) In general.--After timely notice is published, the
Secretary shall, as necessary, appoint members to the
Council.
``(ii) Limitations.--The Secretary may not seek, consider,
or otherwise use information concerning the political
affiliation of a nominee in making an appointment to the
Council.
``(iii) Vacancy.--The Secretary may reappoint a member to
the Council more than once.
``(C) Service.--Each member of the Council shall serve at
the pleasure of the Secretary.
``(5) Term; vacancy.--
``(A) Term.--
``(i) In general.--The term of each member of the Council
shall expire on December 31 of the third full year after the
effective date of the appointment.
``(ii) Extensions.--Notwithstanding clause (1), paragraph
(4), or any other provision of law or policy, the Commandant
(or the Commandant's designee) may extend the term of a
member of the Council to December 31 of the fifth full year
after the effective date of the appointment.
``(iii) Vacancy.--In the case of an appointment to fill a
vacancy on the Council, the Secretary shall appoint an
individual for a full term.
``(6) Chairperson; vice chairperson.--
``(A) In general.--The Commandant (or the Commandant's
designee) shall designate 1 member of the Council as the
Chairperson and another member of the Council as the Vice
Chairperson, both of whom shall serve in such capacity at the
pleasure of the Commandant (or the Commandant's designee) and
for a term to be fixed by the Commandant (or the Commandant's
designee).
``(B) Recommendations.--The Commandant (or the Commandant's
designee) may solicit, from the Council, recommendations with
regard to the members whom the Commandant (or the
Commandant's designee) shall designate as the Chairperson and
the Vice Chairperson.
``(C) Vacancy.--The Vice Chairperson shall act as
Chairperson in the absence or incapacity of, or in the event
of a vacancy in the office of, the Chairperson.
``(7) Designated federal officer.--The Commandant (or the
Commandant's designee) shall designate a Designated Federal
Officer to the Council in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.).
``(c) Consultation.--In addition to the consultation
required by section 4302 of this title, the Commandant (or
the Commandant's designee) shall, whenever practicable,
consult with the Council on boating safety matters related to
chapter 131 of this title.
``(d) Federal Advisory Committee Act; Termination.--
``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Council.
``(2) Termination.--The Council shall terminate on
September 30, 2027.
``Sec. 709. National Maritime Security Advisory Committee
``(a) Establishment.--There is established a National
Maritime Security Advisory Committee (referred to in this
section as the `Committee').
``(b) Function.--The Committee, acting through the
Commandant (or the Commandant's designee), is authorized to
advise, consult with, report to, and make recommendations to
the Secretary on matters relating to national maritime
security.
``(c) Organization.--
``(1) Meeting.--The Committee shall, at least once each
calendar year, meet at the call of the Commandant (or the
Commandant's designee).
``(2) Membership.--
``(A) In general.--The Committee shall consist of not less
than 8 members, but not more than 21 members.
``(B) Experience.--Each member of the Committee shall have
at least 5 years practical experience in maritime security
operations.
``(C) Points of view.--Each member of the Committee shall
represent the point of view of an entity or group, as
follows:
``(i) At least 1 member representing the port authorities.
``(ii) At least 1 member representing the facilities owners
or operators.
``(iii) At least 1 member representing the terminal owners
or operators.
``(iv) At least 1 member representing the vessel owners or
operators.
``(v) At least 1 member representing the maritime labor
organizations.
``(vi) At least 1 member representing the academic
community.
``(vii) At least 1 member representing State or local
governments.
``(viii) At least 1 member representing the maritime
industry.
``(ix) Not more than 4 members, each representing an entity
or group, the point of view of which or the area of expertise
of which the Commandant (or the Commandant's designee)
determines would aid the Committee's deliberations.
``(3) Status of members.--For the purposes of Federal law,
including the Ethics in Government Act of 1978 and chapter 11
of title 18, each member of the Committee is hereby deemed a
representative of the member's respective special interest
entity or group, and not a special Government employee (as
defined in section 202(a) of title 18).
``(4) Nominations; appointments; service.--
``(A) Nominations.--As necessary, the Secretary shall
publish in the Federal Register, a notice soliciting
nominations for membership on the Committee.
``(B) Appointments.--
``(i) In general.--After timely notice is published, the
Secretary shall appoint members to the Committee.
``(ii) Limitations.--The Secretary may not seek, consider,
or otherwise use information concerning the political
affiliation of an individual in making an appointment to the
Committee.
``(iii) Reappointments.--The Secretary may reappoint a
member to the Committee more than once.
``(C) Service.--Each member of the Committee shall serve at
the pleasure of the Secretary.
``(D) Background examinations.--The Secretary may require
an individual to have passed an appropriate security
background examination before appointment to the Committee.
``(5) Term; vacancy.--
``(A) Term.--
``(i) In general.--The term of each member of the Committee
shall expire on December 31 of the third full year after the
effective date of the appointment.
``(ii) Extensions.--Notwithstanding clause (i), paragraph
(4), or any other provision of law or policy, the Commandant
(or the Commandant's designee) may extend the term of a
member of the Committee to December 31 of the fifth full year
after the effective date of the appointment.
``(iii) Vacancy.--In the case of an appointment to fill a
vacancy on the Committee, the Secretary shall appoint an
individual for a full term.
``(6) Chairperson; vice chairperson.--
``(A) In general.--The Commandant (or the Commandant's
designee) shall designate 1 member of the Committee as the
Chairperson and another member of the Committee as the Vice
Chairperson, both of whom shall serve in such capacity at the
pleasure of the Commandant (or the Commandant's designee) and
for a term to be fixed by the Commandant (or the Commandant's
designee).
[[Page S4486]]
``(B) Recommendations.--The Commandant (or the Commandant's
designee) may solicit, from the Committee, recommendations
with regard to the members whom the Commandant (or the
Commandant's designee) shall designate as the Chairperson and
the Vice Chairperson.
``(C) Vacancy.--The Vice Chairperson shall act as
Chairperson in the absence or incapacity of, or in the event
of a vacancy in the office of, the Chairperson.
``(7) Designated federal officer.--The Commandant (or the
Commandant's designee) shall designate a Designated Federal
Officer to the Committee in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.).
``(d) Federal Advisory Committee Act; Termination.--
``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Committee.
``(2) Termination.--The Committee shall terminate on
September 30, 2027.
``Sec. 710. National Offshore Safety Advisory Committee
``(a) Establishment.--There is established a National
Offshore Safety Advisory Committee (referred to in this
section as the `Committee').
``(b) Function.--The Committee, acting through the
Commandant (or the Commandant's designee), is authorized to
advise, consult with, report to, and make recommendations to
the Secretary on matters relating to activities directly
involved with, or in support of, the exploration of offshore
mineral and energy resources insofar as such activities
relate to matters within Coast Guard jurisdiction.
``(c) Organization.--
``(1) Meeting.--The Committee shall, at least once each
calendar year, meet at the call of the Commandant (or the
Commandant's designee).
``(2) Membership.--
``(A) In general.--The Committee shall consist of 15
members.
``(B) Points of view.--Except as provided in subparagraph
(C), each member of the Committee shall represent the point
of view of an entity or group, as follows:
``(i) 2 members representing companies, organizations,
enterprises, or similar entities engaged in the production of
petroleum.
``(ii) 2 members representing companies, organizations,
enterprises, or similar entities engaged in offshore
drilling.
``(iii) 2 members representing companies, organizations,
enterprises or similar entities engaged in the support, by
offshore supply vessels or other vessels, of offshore
operations.
``(iv) 1 member representing a company, organization,
enterprise or similar entity engaged in the construction of
offshore facilities.
``(v) 1 member representing a company, organization,
enterprise or similar entity providing diving services to the
offshore industry.
``(vi) 1 member representing a company, organization,
enterprise or similar entity providing safety and training
services to the offshore industry.
``(vii) 1 member representing a company, organization,
enterprise or similar entity providing subsea engineering,
construction or remotely operated vehicle support to the
offshore industry.
``(viii) 2 members representing employees of companies,
organizations, enterprises or similar entities engaged in
offshore operations, 1 of whom should have recent practical
experience on vessels or units involved in the offshore
industry.
``(ix) 1 member representing a company, organization,
enterprise or similar entity providing environmental
protection, compliance or response services to the offshore
industry.
``(x) 1 member representing a company, organization,
enterprise or similar entity engaged in offshore oil
exploration or production on the Outer Continental Shelf of
Alaska.
``(C) Additional member.--1 member of the Committee shall
represent the general public.
``(3) Status of members.--For the purposes of Federal law,
including the Ethics in Government Act of 1978 and chapter 11
of title 18--
``(A) a member of the Committee, whom the Secretary
appoints to represent the point of view of an entity or group
set out in paragraph (2)(C), is hereby deemed a
representative of the member's respective special interest
entity or group, and not a special Government employee (as
defined in section 202(a) of title 18); and
``(B) a member of the Committee, whom the Secretary
appoints to represent the general public, is hereby deemed a
special Government employee (as defined in section 202(a) of
title 18).
``(4) Nominations; appointments; service.--
``(A) Nominations.--As necessary, the Secretary shall
publish, in the Federal Register, a notice soliciting
nominations for membership on the Committee.
``(B) Appointments.--
``(i) In general.--After timely notice is published, the
Secretary shall, as necessary, appoint members to the
Committee.
``(ii) Limitations.--The Secretary may not seek, consider,
or otherwise use information concerning the political
affiliation of a nominee in making an appointment to the
Committee.
``(iii) Reappointments.--The Secretary may reappoint a
member to the Committee more than once.
``(C) Service.--Each member of the Committee shall serve at
the pleasure of the Secretary.
``(5) Term; vacancy.--
``(A) Term.--
``(i) In general.--The term of each member of the Committee
shall expire on December 31 of the third full year after the
effective date of the appointment.
``(ii) Extensions.--Notwithstanding clause (i), paragraph
(4), or any other provision of law or policy, the Commandant
(or the Commandant's designee) may extend the term of a
member of the Committee to December 31 of the fifth full year
after the effective date of the appointment.
``(iii) Vacancy.--In the case of an appointment to fill a
vacancy on the Committee, the Secretary shall appoint an
individual for a full term.
``(6) Chairperson; vice chairperson.--
``(A) In general.--The Commandant (or the Commandant's
designee) shall designate one member of the Committee as the
Chairperson and another member of the Committee as the Vice
Chairperson, both of whom shall serve in such capacity at the
pleasure of the Commandant (or the Commandant's designee) and
for a term to be fixed by the Commandant (or the Commandant's
designee).
``(B) Recommendations.--The Commandant (or the Commandant's
designee) may solicit, from the Committee, recommendations
with regard to the members whom the Commandant (or the
Commandant's designee) shall designate as the Chairperson and
the Vice Chairperson.
``(C) Vacancy.--The Vice Chairperson shall act as
Chairperson in the absence or incapacity of, or in the event
of a vacancy in the office of, the Chairperson.
``(7) Designated federal officer.--The Commandant (or the
Commandant's designee) shall designate a Designated Federal
Officer to the Committee in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.).
``(d) Federal Advisory Committee Act; Termination.--
``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Committee.
``(2) Termination.--The Committee shall terminate on
September 30, 2027.
``Sec. 711. Navigation Safety Advisory Council
``(a) Establishment.--There is established a Navigation
Safety Advisory Council (referred to in this section as the
`Council').
``(b) Function.--The Council, acting through the Commandant
(or the Commandant's designee), is authorized to advise,
consult with, report to, and make recommendations to the
Secretary on matters relating to maritime collisions,
rammings and groundings, Inland Rules of the Road,
International Rules of the Road, navigation regulations and
equipment, routing measures, marine information, and aids to
navigation systems.
``(c) Organization.--
``(1) Meeting.--The Council shall, at least once each
calendar year, meet at the call of the Commandant (or the
Commandant's designee).
``(2) Membership.--
``(A) In general.--The Council shall consist of not more
than 21 members.
``(B) Experience.--Each member of the Council shall have
expertise in Inland and International vessel navigation Rules
of the Road, aids to maritime navigation, maritime law,
vessel safety, or port safety.
``(C) Points of view.--Each member of the Council shall
represent the point of view of one of the following entities
or groups:
``(i) Commercial vessel owners or operators.
``(ii) Professional mariners.
``(iii) Recreational boaters.
``(iv) State agencies responsible for vessel or port
safety.
``(v) The Maritime Law Association.
``(vi) Recreational boating industry.
``(3) Status of members.--For the purposes of Federal law,
including the Ethics in Government Act of 1978 and chapter 11
of title 18, each member of the Council is hereby deemed a
representative of the member's respective special interest
entity or group, and not a special Government employee (as
defined in section 202(a) of title 18).
``(4) Nominations; appointments; service.--
``(A) Nominations.--As necessary, the Secretary shall
publish, in the Federal Register, a notice soliciting
nominations for membership on the Council.
``(B) Appointments.--
``(i) In general.--After timely notice is published, the
Secretary shall, as necessary, appoint members to the
Council.
``(ii) Limitations.--The Secretary may not seek, consider,
or otherwise use information concerning the political
affiliation of a nominee in making an appointment to the
Council.
``(iii) Reappointments.--The Secretary may reappoint a
member to the Council more than once.
``(C) Service.--Each member of the Council shall serve at
the pleasure of the Secretary.
``(5) Term; vacancy.--
``(A) Term.--
``(i) In general.--The term of each member of the Council
shall expire on December 31 of the third full year after the
effective date of the appointment.
[[Page S4487]]
``(ii) Extensions.--Notwithstanding clause (i), paragraph
(4), or any other provision of law or policy, the Commandant
(or the Commandant's designee) may extend the term of a
member of the Council to December 31 of the fifth full year
after the effective date of the appointment.
``(iii) Reappointments.--In the case of an appointment to
fill a vacancy on the Council, the Secretary shall appoint an
individual for a full term.
``(6) Chairperson; vice chairperson.--
``(A) In general.--The Commandant (or the Commandant's
designee) shall designate 1 member of the Council as the
Chairperson and another member of the Council as the Vice
Chairperson, both of whom shall serve in such capacity at the
pleasure of the Commandant (or the Commandant's designee) and
for a term to be fixed by the Commandant (or the Commandant's
designee).
``(B) Recommendations.--The Commandant (or the Commandant's
designee) may solicit, from the Council, recommendations with
regard to the members whom the Commandant (or the
Commandant's designee) shall designate as the Chairperson and
the Vice Chairperson.
``(C) Vacancy.--The Vice Chairperson shall act as
Chairperson in the absence or incapacity of, or in the event
of a vacancy in the office of, the Chairperson.
``(7) Designated federal officer.--The Commandant (or the
Commandant's designee) shall designate a Designated Federal
Officer to the Council in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.).
``(d) Federal Advisory Committee Act; Termination.--
``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Council.
``(2) Termination.--The Council shall terminate on
September 30, 2027.
``Sec. 712. Towing Safety Advisory Committee
``(a) Establishment.--There is established a Towing Safety
Advisory Committee (referred to in this section as the
`Committee').
``(b) Function.--The Committee, acting through the
Commandant (or the Commandant's designee), is authorized to
advise, consult with, report to, and make recommendations to
the Secretary on matters relating to shallow-draft inland
navigation, coastal waterway navigation, and towing safety.
``(c) Organization.--
``(1) Meeting.--The Committee shall, at least once each
calendar year, meet at the call of the Commandant (or the
Commandant's designee).
``(2) Membership.--
``(A) In general.--The Committee shall consist of 18
members.
``(B) Experience.--Each member of the Committee shall have
particular expertise, knowledge, and experience regarding--
``(i) shallow-draft inland navigation or coastal waterway
navigation; and
``(ii) towing safety.
``(C) Points of view.--Except as provided in subparagraph
(D), each member of the Committee shall represent the point
of view of an entity or group, as follows:
``(i) 7 members representing the barge and towing industry,
reflecting a regional geographic balance.
``(ii) 1 member representing the offshore mineral and oil
supply vessel industry.
``(iii) 1 member representing Masters or Pilots of towing
vessels who have experience on the Western Rivers and the
Gulf Intracoastal Waterway.
``(iv) 1 member representing Masters of towing vessels who
have experience in offshore service.
``(v) 1 member representing Masters of towing vessels who
have experience in harbor-assist operations.
``(vi) 1 member representing towing vessel engineers.
``(vii) 2 members representing port districts, authorities,
or terminal operators.
``(viii) 1 member representing shippers.
``(ix) 1 member representing shippers who are engaged in
the chartering or shipping of oil or hazardous materials by
barge.
``(D) Additional members.--2 members of the Committee shall
represent the general public.
``(3) Status of members.--For the purposes of Federal law,
including the Ethics in Government Act of 1978 and chapter 11
of title 18--
``(A) a member of the Committee, whom the Secretary
appoints to represent the point of view of an entity or group
set out in paragraph (2)(C), is hereby deemed a
representative of the member's respective special interest
entity or group, and not a special Government employee (as
defined in section 202(a) of title 18); and
``(B) a member of the Committee, whom the Secretary
appoints to represent the general public, is hereby deemed a
special Government employee (as defined in section 202(a) of
title 18).
``(4) Nominations; appointments; service.--
``(A) Nominations.--As necessary, the Secretary shall
publish, in the Federal Register, a notice soliciting
nominations for membership on the Committee.
``(B) Appointments.--
``(i) In general.--After timely notice is published, the
Secretary shall, as necessary, appoint members to the
Committee.
``(ii) Limitations.--The Secretary may not seek, consider,
or otherwise use information concerning the political
affiliation of an individual in making an appointment to the
Committee.
``(iii) Reappointments.--The Secretary may reappoint a
member to the Committee more than once.
``(C) Service.--Each member of the Committee shall serve at
the pleasure of the Secretary.
``(5) Term; vacancy.--
``(A) Term.--
``(i) In general.--The term of each member of the Committee
shall expire on December 31 of the third full year after the
effective date of the appointment.
``(ii) Extensions.--Notwithstanding clause (i), paragraph
(4), or any other provision of law or policy, the Commandant
(or the Commandant's designee) may extend the term of a
member of the Committee to December 31 of the fifth full year
after the effective date of the appointment.
``(iii) Vacancy.--In the case of an appointment to fill a
vacancy on the Committee, the Secretary shall appoint an
individual for a full term.
``(6) Chairperson; vice chairperson.--
``(A) In general.--The Commandant (or the Commandant's
designee) shall designate 1 member of the Committee as the
Chairperson and another member of the Committee as the Vice
Chairperson, both of whom shall serve in such capacity at the
pleasure of the Commandant (or the Commandant's designee) and
for a term to be fixed by the Commandant (or the Commandant's
designee).
``(B) Recommendations.--The Commandant (or the Commandant's
designee) may solicit, from the Committee, recommendations
with regard to the members whom the Commandant (or the
Commandant's designee) shall designate as the Chairperson and
the Vice Chairperson.
``(C) Vacancy.--The Vice Chairperson shall act as
Chairperson in the absence or incapacity of, or in the event
of a vacancy in the office of, the Chairperson.
``(7) Designated federal officer.--The Commandant (or the
Commandant's designee) shall designate a Designated Federal
Officer to the Committee in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.).
``(d) Consultation.--The Commandant (or the Commandant's
designee) shall, whenever practicable, consult with the
Committee before taking any significant action affecting
shallow-draft inland navigation, coastal waterway navigation,
and towing safety.
``(e) Federal Advisory Committee Act; Termination.--
``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Committee.
``(2) Termination.--The Committee shall terminate on
September 30, 2027.''.
(b) Technical and Conforming Amendments.--
(1) Table of chapters.--The table of chapters for subtitle
I of title 46, United States Code, is amended by adding at
the end the following:
``7. Coast Guard advisory committees.........................701.''....
(2) Commercial fishing safety advisory committee.--
(A) Repeal.--Section 4508 of title 46, United States Code,
is repealed.
(B) Table of contents.--The table of contents of chapter 45
of title 46, United States Code, is amended by striking the
item relating to section 4508.
(3) Great lakes pilotage advisory committee.--
(A) Repeal.--Section 9307 of title 46, United States Code,
is repealed.
(B) Table of contents.--The table of contents of chapter 93
of title 46, United States Code, is amended by striking the
item relating to section 9307.
(4) Lower mississippi river waterway safety advisory
committee.--Section 19 of the Coast Guard Authorization Act
of 1991 (Public Law 102-241; 105 Stat. 2215) is repealed.
(5) Merchant marine personnel advisory committee.--
(A) Repeal.--Section 8108 of title 46, United States Code,
is repealed.
(B) Table of contents.--The table of contents of chapter 81
of title 46, United States Code, is amended by striking the
item relating to section 8108.
(6) Merchant mariner medical advisory committee.--
(A) Repeal.--Section 7115 of title 46, United States Code,
is repealed.
(B) Table of contents.--The table of contents of chapter 71
of title 46, United States Code, is amended by striking the
item relating to section 7115.
(7) National boating safety advisory council.--
(A) Repeal.--Section 13110 of title 46, United States Code,
is repealed.
(B) Table of contents.--The table of contents of chapter
131 of title 46, United States Code, is amended by striking
the item relating to section 13110.
(C) Technical amendment.--Section 4302(c)(4) of title 46,
United States Code, is amended by striking ``13110'' and
inserting ``708''.
(8) National maritime security advisory committee.--Section
109(a)(1) of the Maritime Transportation Security Act of 2002
(46 U.S.C. 70101 note) is amended by striking ``section 70112
of title 46, United States Code, as amended by this Act'' and
inserting ``section 709 of title 46, United States Code''.
[[Page S4488]]
(9) Navigation safety advisory council.--Section 5 of the
Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is
repealed.
(10) Towing safety advisory committee.--The Act to
establish a Towing Safety Advisory Committee in the
Department of Transportation, approved October 6, 1980, (33
U.S.C. 1231a) is repealed.
(c) Area Maritime Security Advisory Committees.--
(1) In general.--Section 70112 of title 46, United States
Code, is amended--
(A) in the heading, by striking ``Maritime Security
Advisory Committees'' and inserting ``Area Maritime Security
Advisory Committees'';
(B) by amending subsection (a) to read as follows:
``(a) Establishment of Committees.--
``(1) The Secretary may--
``(A) establish an Area Maritime Security Advisory
Committee for any port area of the United States; and
``(B) request an Area Maritime Security Committee to review
the proposed Area Maritime Transportation Security Plan
developed under section 70103(b) and make recommendations to
the Secretary that the Committee considers appropriate.
``(2) Each Area Maritime Security Advisory Committee--
``(A) may advise, consult with, report to, and make
recommendations to the Secretary on matters relating to
maritime security in that area;
``(B) may make available to the Congress recommendations
that the Committee makes to the Secretary; and
``(C) shall meet at the call of--
``(i) the Secretary, who shall call such a meeting at least
once during each calendar year; or
``(ii) a majority of the Committee.'';
(C) in subsection (b)--
(i) in paragraph (1), by striking ``of the committees'' and
inserting ``Area Maritime Security Advisory Committee'';
(ii) in paragraph (3)--
(I) by striking ``such a committee'' and inserting ``an
Area Maritime Security Advisory Committee''; and
(II) by striking ``the committee'' and inserting ``an Area
Maritime Security Advisory Committee'';
(iii) in paragraph (4), by striking ``the Committee'' and
inserting ``an Area Maritime Security Advisory Committee'';
and
(iv) in paragraph (5)--
(I) by striking subparagraph (A); and
(II) in subparagraph (B), by striking ``(b)'' and indenting
appropriately;
(D) in subsection (c)(1), by striking ``committee'' and
inserting ``Area Maritime Security Advisory Committee'';
(E) by striking subsection (d);
(F) by redesignating subsections (e), (f), and (g) as
subsections (d), (e), and (f), respectively;
(G) in subsection (d), as redesignated--
(i) by striking ``the Committee'' and inserting ``an Area
Maritime Security Advisory Committee''; and
(ii) by striking the period at the end and inserting ``for
an area.'';
(H) in subsection (e), as redesignated--
(i) in paragraph (1), by striking ``a committee'' and
inserting ``an Area Maritime Security Advisory Committee'';
and
(ii) in paragraph (2), by striking ``such a committee'' and
inserting ``an Area Maritime Security Advisory Committee'';
and
(I) by amending subsection (f), as redesignated, to read as
follows:
``(f) Federal Advisory Committee Act; Termination Date.--
``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) does not apply to Area Maritime Security Advisory
Committees established under this section.
``(2) Termination.--The Area Maritime Security Advisory
Committees shall terminate on September 30, 2027.''.
(d) Table of Contents.--The table of contents of chapter
701 of title 46, United States Code, is amended in the item
relating to section 70112 by striking ``Maritime Security
Advisory Committees'' and inserting ``Area Maritime Security
Advisory Committees''.
(e) Houston-Galveston Navigation Safety Advisory Committee;
Repeal.--Section 18 of the Coast Guard Authorization Act of
1991 (Public Law 102-241; 105 Stat. 2213) is repealed.
(f) Transition of Coast Guard Advisory Committees.--
(1) In general.--Notwithstanding the amendments made under
subsections (b) and (c) of this section, an advisory
committee described in paragraph (2) of this subsection shall
continue to be subject to the requirements under law to which
such advisory committee was subject as in effect on the day
before the date of enactment of this Act, including its
charter, and the members appointed to such advisory committee
shall continue to serve pursuant thereto, until the Secretary
of the department in which the Coast Guard is operating makes
the applicable appointments under sections 702 through 712 of
title 46, United States Code.
(2) Coast guard advisory committees.--An advisory committee
described in this paragraph is as follows:
(A) Chemical Transportation Advisory Committee.
(B) Commercial Fishing Safety Advisory Committee
established under section 4508 of title 46, United States
Code.
(C) Great Lakes Pilotage Advisory Committee established
under section 9307 of title 46, United States Code.
(D) Lower Mississippi River Waterway Safety Advisory
Committee established under section 19 of the Coast Guard
Authorization Act of 1991 (Public Law 102-241; 105 Stat.
2215).
(E) Merchant Marine Personnel Advisory Committee
established under section 8108 of title 46, United States
Code.
(F) Merchant Mariner Medical Advisory Committee established
under section 7115 of title 46, United States Code.
(G) National Boating Safety Advisory Council established
under section 13110 of title 46, United States Code.
(H) National Maritime Security Advisory Committee
established under section 70112 of title 46, United States
Code.
(I) National Offshore Safety Advisory Committee.
(J) Navigation Safety Advisory Council established under
section 5 of the Inland Navigational Rules Act of 1980 (33
U.S.C. 2073).
(K) Towing Safety Advisory Committee established under the
Act entitled the ``Act to establish a Towing Safety Advisory
Committee in the Department of Transportation'', approved
October 6, 1980 (33 U.S.C. 1231a).
(3) Deadline.--Not later than 2 years after the date of
enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall make the
appointments, and file any necessary charters, under sections
702 through 712 of title 46, United States Code.
SEC. 3642. CLARIFICATION OF LOGBOOK AND ENTRY REQUIREMENTS.
Section 11304 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``an official logbook, which'' and
inserting ``a logbook, which may be in any form, including
electronic, and''; and
(B) by inserting ``or a ferry, passenger vessel, or small
passenger vessel (as those terms are defined in section
2101)'' after ``Canada''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``log book'' and inserting ``logbook''; and
(B) by amending paragraph (3) to read as follows:
``(3) Each illness or injury, the nature of the illness or
injury, and any medical treatment administered.''.
SEC. 3643. TECHNICAL AMENDMENTS; LICENSES, CERTIFICATIONS OF
REGISTRY, AND MERCHANT MARINER DOCUMENTS.
Part E of subtitle II of 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''; and
(3) in section 7507(b)--
(A) in paragraph (1), by striking ``licenses or
certificates of registry'' and inserting ``merchant mariner
documents''; and
(B) in paragraph (2), by striking ``a merchant mariner's
document'' and inserting ``a license or a certificate of
registry.''.
SEC. 3644. NUMBERING FOR UNDOCUMENTED BARGES.
Chapter 121 of title 46, United States Code, is amended--
(1) in section 12102--
(A) in subsection (c), by adding at the end the following:
``The Secretary may require such an undocumented barge more
than 100 gross tons operating on the navigable waters of the
United States to be numbered.''; and
(B) in subsection (d), by striking ``Secretary of
Transportation'' and inserting ``Secretary of the department
in which the Coast Guard is operating''; and
(2) in section 12301--
(A) by striking subsection (b); and
(B) by striking the subsection designation in subsection
(a) and indenting appropriately.
SEC. 3645. EQUIPMENT REQUIREMENTS; EXEMPTION FROM THROWABLE
PERSONAL FLOTATION DEVICES.
Not later than 180 days after the date of enactment of this
Act, the Secretary of the department in which the Coast Guard
is operating shall revise section 175.17 of title 33, Code of
Federal Regulations, to exempt paddleboards and rafts from
the requirement for carriage of an additional throwable
personal flotation device if each person is required to wear
a personal flotation device while under way and at least 1
rescue throw bag, as typically used in whitewater rafting, is
on board.
SEC. 3646. ENSURING MARITIME COVERAGE.
In order to meet Coast Guard mission requirements for
search and rescue, all-hazard incident response, and maritime
environmental response during recapitalization of Coast Guard
vessels, the Coast Guard shall ensure continuity of the
coverage, to the maximum extent practicable, in the locations
that may lose assets.
SEC. 3647. DEADLINE FOR COMPLIANCE WITH ALTERNATE SAFETY
COMPLIANCE PROGRAM.
(a) In General.--Section 4503(d) of title 46, United States
Code, is amended--
(1) in paragraph (1), by striking ``After January 1,
2020,'' and all that follows through ``the Secretary, if''
and inserting ``Subject to paragraph (3), beginning on the
date that is 3 years after the date that the Secretary
prescribes an alternate safety compliance program, a fishing
vessel, fish processing vessel, or fish tender vessel to
[[Page S4489]]
which section 4502(b) of this title applies shall comply with
the alternate safety compliance program if'';
(2) in paragraph (2), by striking ``establishes standards
for an alternate safety compliance program, shall comply with
such an alternative safety compliance program that is
developed in cooperation with the commercial fishing industry
and prescribed by the Secretary'' and inserting ``prescribes
an alternate safety compliance program under paragraph (1),
shall comply with the alternate safety compliance program'';
and
(3) by amending paragraph (3) to read as follows:
``(3) For purposes of paragraph (1), a separate alternate
safety compliance program may be developed for a specific
region or specific fishery.''.
(b) Final Rule.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall issue a final rule
implementing the alternate to classing under section 4503(e)
of title 46, United States Code, as amended by subsection (a)
of this section.
SEC. 3648. FISHING, FISH TENDER, AND FISH PROCESSING VESSEL
CERTIFICATION.
(a) Nonapplication.--Section 4503(c)(2)(A) of title 46,
United States Code, is amended by striking ``79'' and
inserting ``180''.
(b) Determining When Keel Is Laid.--Section 4503 of title
46, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) For purposes of this section, a keel is laid when a
structure, adequate of serving as a keel for a vessel greater
than 79 feet in length is identified for use in the
construction of a specific vessel and is so affirmed by a
marine surveyor.''.
SEC. 3649. TERMINATION OF UNSAFE OPERATIONS; TECHNICAL
AMENDMENT.
Section 4505 of title 46, United States Code, is amended by
striking ``4503(1)'' and inserting ``4503(a)''.
SEC. 3650. INSTALLATION AND USE OF ENGINE CUT-OFF SWITCHES ON
RECREATIONAL VESSEL.
(a) Use of Engine Cut-off Switch Links.--
(1) Requirement.--The Secretary of the department in which
the Coast Guard is operating shall revise the regulations
under part 175 of title 33, Code of Federal Regulations, to
prohibit a person from operating a recreational vessel 25
feet or less in length unless--
(A) the person is wearing an engine cut-off switch link
while operating on plane or above displacement speed; and
(B) the engine cut-off switch is factory equipped on the
primary propulsion machinery.
(2) Exceptions.--The requirement under paragraph (1) shall
not apply to the following:
(A) A vessel 25 feet or less in length whose main helm is
installed within an enclosed cabin that would protect an
operator from being thrown overboard should the operator be
displaced from the helm.
(B) A vessel with propulsion machinery developing static
thrust of less than 115 pounds or 3 horsepower.
(C) A vessel that is not equipped with an engine cut-off
switch.
(b) Installation of Engine Cut-off Switches.--The Secretary
of the department in which the Coast Guard is operating shall
revise the regulations under part 183 of title 33, Code of
Federal Regulations, to require an equipment manufacturer,
distributor, or dealer that installs propulsion machinery and
associate starting controls on a recreational vessel 25 feet
or less in length and capable of developing at least 115
pounds of static thrust to install an engine cut-off switch
on such recreational vessel in accordance with the American
Boat and Yacht Standard A-33, as amended.
(c) Penalty.--A person that violates a regulation
promulgated under subsection (a)(1) of this section shall be
subject to a civil penalty under section 4311 of title 46,
United States Code, not to exceed--
(1) $100 for the first offense;
(2) $250 for the second offense; and
(3) $500 for any subsequent offense.
(d) Preemption.--In accordance with section 4306 of title
46, United States Code, a State may not establish, continue
in effect, or enforce any law or regulation addressing engine
cut-off switch requirements that is not identical to a
regulation prescribed under this section.
(e) Definitions.--In this section:
(1) Engine cut-off switch.--The term ``engine cut-off
switch'' means a mechanical or electronic device that is
connected to propulsion machinery that will stop propulsion
if--
(A) the switch is not properly connected; or
(B) the switch components are submerged in water or
separated from the switch by a predetermined distance.
(2) Engine cut-off switch link.--The term ``engine cut-off
switch link'' means the equipment attached to the
recreational vessel operator and which activates the engine
cut-off switch.
(f) Effective Dates.--A regulation prescribed under this
section shall specify an effective date that is not earlier
than 1 year from the date the regulation was published.
SEC. 3651. VISUAL DISTRESS SIGNALS AND ALTERNATIVE USE.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall develop a performance
standard for the alternative use and possession of visual
distress alerting and locating signals as mandated by
carriage requirements for recreational boats in subpart C of
part 175 of title 33, Code of Federal Regulations.
(b) Regulations.--Not later than 180 days after the
performance standard for alternative use and possession of
visual distress alerting and locating signals is finalized,
the Secretary shall revise part 175 of title 33, Code of
Federal Regulations, to allow for carriage of such
alternative signal devices.
SEC. 3652. RENEWAL PERIOD FOR DOCUMENTED RECREATIONAL
VESSELS.
Section 12114 of title 46, United States Code, is amended
by adding at the end the following:
``(d) Issuance of Certificate of Documentation.--The
Secretary of the department in which the Coast Guard is
operating is authorized to issue certificates of
documentation with effective periods of 1 year, 2 years, 3
years, 4 years, or 5 years.
``(1) Phased in issuance of certificates.--
``(A) In fiscal year 2019, vessel owners or operators with
vessel documentation numbers ending in 0, 1, 2, 3 shall be
qualified to apply for a renewal certificate of documentation
with an effective period of 5 years. Alternatively, vessel
owners or operators with vessel documentation numbers ending
in 0, 1, 2, 3 may elect to apply for a renewal certificate of
documentation with an effective period of 1 year, 2 years, 3
years, or 4 years. All other vessel owners and operators
shall be qualified to apply for an initial or renewal
certificate with an effective period of 1 year.
``(B) In fiscal year 2020, vessel owners or operators with
vessel documentation numbers ending in 4, 5, or 6 shall be
qualified to apply for a renewal certificate of documentation
with an effective period of 5 years. Alternatively, vessel
owners or operators with vessel documentation numbers ending
in 4, 5, or 6 may elect to apply for a renewal certificate of
documentation with an effective period of 1 year, 2 years, 3
years, or 4 years. All other vessel owners and operators
shall be qualified to apply for an initial or renewal
certificate with an effective period of 1 year.
``(C) In fiscal year 2021, vessel owners or operators with
vessel documentation numbers ending in 7, 8, or 9 shall be
qualified to apply for an initial or renewal certificate of
documentation with an effective period of 5 years.
Alternatively, vessel owners or operators with vessel
documentation numbers ending in 7, 8, or 9 may elect to apply
for an initial or renewal certificate of documentation with
an effective period of 1 year, 2 years, 3 years, or 4 years.
All other vessel owners and operators shall be qualified to
apply for an initial or renewal certificate with an effective
period of 1 year.
``(D) Starting in fiscal year 2022 all vessel owners and
operators shall be qualified to apply for a renewal
certificate of documentation with effective periods of 1
year, 2 years, 3 years, 4 years, or 5 years.
``(E) Starting in fiscal year 2019 vessel owners and
operators applying for an initial certificate of
documentation may apply for such documentation with an
effective period of 1 year, 2 years, 3 years, 4 years, or 5
years.
``(2) Application for renewal.--Applications for renewal
may be submitted no earlier than 90 days prior to the
expiration date of a certificate of documentation.
``(3) Fees.--
``(A) For fiscal years 2019 through 2021, the Secretary
shall collect the following fees from vessel owners or
operators:
``(i) For a certificate of documentation with an effective
period of 5 years the fee collected from the vessel owner or
operator shall be $130.
``(ii) For a certificate of documentation with an effective
period of 4 years the fee collected from the vessel owner or
operator shall be $104.
``(iii) For a certificate of documentation with an
effective period of 3 years the fee collected from the vessel
owner or operator shall be $78.
``(iv) For a certificate of documentation with an effective
period of 2 years the fee collected from the vessel owner or
operator shall be $52.
``(v) For a certificate of documentation with an effective
period of 1 year the fee collected from the vessel owner or
operator shall be $26.
``(B) For fiscal years 2022 and thereafter, such fees shall
be published in the Federal Register as a direct final rule.
Such rulemaking shall be exempt from the requirements of the
Administrative Procedure Act (Public Law 79-404; 60 Stat
237).
``(4) Funds availability.--Fees collected for the issuance
of certificates of documentation by the Secretary of the
department in which the Coast Guard is operating--
``(A) shall be deposited into the account that bore the
expense for issuance of such certificate of documentation;
and
``(B) shall be available until expended.''.
SEC. 3653. EXCEPTION FROM SURVIVAL CRAFT REQUIREMENTS.
Section 4502(b) of title 46, United States Code, is
amended--
(1) in paragraph (2)(B), by striking ``a survival craft''
and inserting ``subject to paragraph (3), a survival craft'';
and
(2) by adding at the end the following:
``(3)(A) Except for a nonapplicable vessel, an auxiliary
craft shall satisfy the equipment requirement under paragraph
(2)(B) if--
[[Page S4490]]
``(i) it is necessary for normal fishing operations;
``(ii) is readily accessible during an emergency; and
``(iii) is capable of safely holding all individuals on
board the vessel, in accordance with the Coast Guard capacity
rating, when applicable.
``(B) In this paragraph, the term `nonapplicable vessel'
means a vessel that is--
``(i) operating outside of 12 nautical miles; and
``(ii) required by the Secretary to have an inflatable life
raft.''.
SEC. 3654. INLAND WATERWAY AND RIVER TENDER, AND BAY CLASS
ICEBREAKER ACQUISITION PLAN.
(a) Acquisition Plan.--Not later than 545 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 plan to replace the aging fleet of inland
waterway and river tenders, and the bay class icebreakers.
(b) Contents.--The plan described in subsection (a) shall
include--
(1) a schedule for the acquisition to begin;
(2) the date the first vessel will be delivered;
(3) the date the acquisition will be complete;
(4) a description of the order and location of
replacements;
(5) an estimate of the cost per vessel and for total
acquisition program of record; and
(6) an analysis of whether existing vessels can be used.
SEC. 3655. ARCTIC PLANNING CRITERIA.
(a) Alternative Planning Criteria.--
(1) In general.--The Commandant of the Coast Guard may
approve a vessel response plan for the area covered by the
Captain of the Port Zone that includes the Arctic, for
purposes of complying with the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.), if the Commandant--
(A) verifies that equipment included in the plan has been
tested and proven capable of operating in the environmental
conditions expected in the area in which it is intended to be
operated; and
(B) verifies that training has been conducted by the
equipment operators on the equipment listed in the plan
within the geographic boundaries of the Captain of the Port
Zone that includes the Arctic.
(2) Post-approval requirements.--For each plan approved
under paragraph (1)--
(A) the oil spill removal organization listed in the vessel
response plan shall conduct regular exercises and drills of
the plan in the area covered by the Captain of the Port Zone
that includes the Arctic; or
(B) the oil spill removal organization listed in the vessel
response plan may take credit for responses to actual spills
or releases in the area covered by the Captain of the Port
Zone that includes the Arctic instead of conducting regular
exercises and drills of the plan, if the oil spill removal
organization--
(i) documents which exercise requirements were met during
the response; and
(ii) submits a request for credit to and receives approval
from the Commandant.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Commandant of the Coast Guard
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the oil spill prevention and
response capabilities for the area covered by the Captain of
the Port Zone that includes the Arctic.
(2) Contents.--The report shall include the following:
(A) A description of equipment and assets available for oil
spill response under the vessel response plans approved for
vessels operating in the Captain of the Port Zone, including
details on the provider of such equipment and assets.
(B) A description of the location of equipment and assets
that are to be deployed, including an estimate of the time to
deploy the equipment and assets.
(C) A determination on the degree of how effectively the
oil spill equipment and assets are distributed throughout the
Captain of the Port Zone.
(D) A statement on whether the ability to maintain and
deploy equipment and assets is taken into account when
measuring the level of equipment available throughout the
Captain of the Port Zone.
(E) Validation of port assessment visit process and
response resource inventory for oil spill response under the
vessel response plans approved for vessels operating in the
Captain of the Port Zone.
(F) A determination of the compliance rate with Federal
vessel response plan regulations in the Captain of the Port
Zone in the previous 3 years.
(G) A description of the resources need throughout the
Coast Guard to conduct port assessments, exercises, response
plan review, and spill responses.
(c) Definition of Arctic.--In this section, the term
``Arctic'' has the meaning given the term under section 112
of the Arctic Research and Policy Act of 1984 (15 U.S.C.
4111).
SEC. 3656. FISHING SAFETY GRANT PROGRAMS.
(a) Fishing Safety Training Grant Program.--Section
4502(i)(4) of title 46, United States Code, is amended by
striking ``2015 through 2017'' and inserting ``2015 through
2019''.
(b) Fishing Safety Research Grant Program.--Section
4502(j)(4) of title 46, United States Code, is amended by
striking ``2015 through 2017'' and inserting ``2015 through
2019''.
SEC. 3657. SAFETY STANDARDS.
Section 4502(f) of title 46, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by striking paragraph (2), and inserting the following:
``(2) shall examine at dockside a vessel described in
subsection (b) at least once every 5 years, but may require
an exam at dockside every 2 years for certain vessels
described in subsection (b) requested by the owner or
operator;
``(3) shall issue a certificate of compliance to a vessel
meeting the requirements of this chapter and satisfying the
requirements in paragraph (2); and''.
SEC. 3658. COMMERCIAL FISHING VESSEL SAFETY OUTREACH
STRATEGY.
(a) Requirement for Strategy.--Not later than 1 year after
the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall
develop and submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a national communications plan for the
purposes of--
(1) disseminating information to the commercial fishing
vessel industry;
(2) conducting outreach with the commercial fishing vessel
industry;
(3) facilitating interaction with the commercial fishing
vessel industry; and
(4) releasing information collected under section 703 of
title 46, United States Code, as amended by this Act, to the
commercial fishing vessel industry.
(b) Content.--The plan required by subsection (a), and each
annual update, shall--
(1) employ all available staff, resources, and systems
available to the Secretary to ensure the widest dissemination
of information to the commercial fishing vessel industry;
(2) be individually adapted as necessary by Captain of the
Port Zone to ensure the most effective strategy and means to
communicate with commercial fishing vessel industry;
(3) include a means to document all communication and
outreach conducted with the commercial fishing vessel
industry; and
(4) include a mechanism to measure effectiveness of such
plan.
(c) Updates.--The Secretary of the department in which the
Coast Guard is operating shall--
(1) update and submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives the plan required by subsection (a) not less
frequently than once each year; and
(2) include input from individual Captains of the Port and
any feedback received from the commercial fishing vessel
industry under subsection (b)(3).
SEC. 3659. CONSISTENCY IN MARINE INSPECTIONS.
(a) Definition of Officer in Charge, Marine Inspection.--In
this section, the term ``Officer in Charge, Marine
Inspection'' has the meaning given the term in section 50.10-
10 of title 46, Code of Federal Regulations.
(b) In General.--The Commandant of the Coast Guard shall
make it a priority to interpret regulations and standards,
with respect to inspections, enforcement, and administration
under subtitle II of title 46, United States Code, and title
33, United States Code, consistently between all Officers in
Charge, Marine Inspections to avoid disruption and undue
expense to industry.
(c) Discrepancies.--
(1) In general.--Efforts to resolve any disagreements
regarding the existing condition of a vessel should be made
between the local Officer in Charge, Marine Inspection
conducting an inspection and the Officer in Charge, Marine
Inspection that issued the most recent Certificate of
Inspection or the Marine Safety Center, unless there is a
justifiable safety concern.
(2) Good faith efforts.--The Officer in Charge, Marine
Inspection shall make a good faith effort to resolve the
discrepance, if possible, or submit a justification for the
discrepancy to the Commandant of the Coast Guard, via the
cognizant District Commander, before a decision on the appeal
is made.
(d) Appeals From Decisions or Actions.--The Coast Guard
shall provide the necessary information regarding the right
of appeal to any person affected by an Office in Charge,
Marine Inspection or Marine Safety Center for any unresolved
discrepancy and facilitate the process for appealing that
decision or action under parts 1 through 4 of title 46, Code
of Federal Regulations.
(e) Report on Marine Inspector Training.--Not later than 1
year after the date of enactment of this Act, the Commandant
of the Coast Guard shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on the training, experience, and
qualifications required for assignment as a marine inspector
under section 57 of title 14, United States Code, including--
[[Page S4491]]
(1) a description of any continuing education requirement,
including a specific list of the courses;
(2) a description of the training, including a specific
list of the courses, offered to a journeyman or an advanced
journeyman marine inspector to advance inspection expertise;
(3) a description of any training that was offered in the
15-year period before the date of enactment of this Act, but
is no longer required or offered, including a specific list
of the courses, including the senior marine inspector course
and any plan review courses;
(4) a justification for why a course described in paragraph
(3) is no longer required or offered; and
(5) a list of the course content the Commandant considers
necessary to promote consistency among marine inspectors in
an environment of increasingly complex vessels and vessel
systems.
Subtitle D--Maritime Security
SEC. 3661. MARITIME BORDER SECURITY COOPERATION.
The Secretary of the department in which the Coast Guard is
operating shall, in accordance with law--
(1) partner with other Federal, State, and local government
agencies to leverage existing technology, including camera
systems and other sensors, to provide continuous monitoring
of high-risk maritime borders, as determined by the
Secretary; and
(2) enter into such agreements as the Secretary considers
necessary to ensure 24-hour monitoring of such technology.
SEC. 3662. CURRENCY DETECTION CANINE TEAM PROGRAM.
(a) Definitions.--In this section:
(1) Canine currency detection team.--The term ``canine
currency detection team'' means a canine and a canine handler
that are trained to detect currency.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a
program to allow the use of canine currency detection teams
for purposes of Coast Guard maritime law enforcement and
maritime security operations, including underway vessel
boardings.
(c) Operation.--The Secretary may cooperate with, or enter
into an agreement with, the head of another Federal agency to
meet the requirements under subsection (b).
SEC. 3663. CONFIDENTIAL INVESTIGATIVE EXPENSES.
Section 658 of title 14, United States Code, is amended by
striking ``$45,000'' and inserting ``$250,000''.
SEC. 3664. MONITORING OF ILLEGAL, UNREPORTED, AND UNREGULATED
FISHING.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall conduct a 1-year pilot
program to determine the impact of persistent use of
different types of surveillance systems on illegal maritime
activities in the Western Pacific regions.
(b) Requirements.--The pilot program shall--
(1) consider using light aircraft-based detection systems
which can identify potential illegal activity from higher
altitudes and produce enforcement-quality evidence at lower
altitudes; and
(2) be directed at detecting and deterring illegal,
unreported, and unregulated fishing and enhancing maritime
domain awareness.
SEC. 3665. STRATEGIC ASSETS IN THE ARCTIC.
(a) Definition of Arctic.--In this section, the term
``Arctic'' has the meaning given the term in section 112 of
the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Arctic continues to grow in significance to both
the national security interests and the economic prosperity
of the United States; and
(2) the Coast Guard must ensure it is positioned to respond
to any accident, incident, or threat with appropriate assets.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Commandant of the Coast Guard, in
consultation with the Secretary of Defense and taking into
consideration the Department of Defense 2016 Arctic Strategy,
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the progress toward implementing
the strategic objectives described in the United States Coast
Guard Arctic Strategy dated May 2013.
(d) Contents.--The report under subsection (c) shall
include--
(1) a description of the Coast Guard's progress toward each
strategic objective;
(2) plans to provide communications throughout the entire
Coastal Western Alaska Captain of the Port zone to improve
waterway safety and mitigate close calls, collisions, and
other dangerous interactions between the shipping industry
and subsistence hunters;
(3) plans to prevent marine casualties, when possible, by
ensuring vessels avoid environmentally sensitive areas and
permanent security zones;
(4) an explanation of--
(A) whether it is feasible to establish a vessel traffic
service, using existing resources or otherwise; and
(B) whether an Arctic Response Center of Expertise is
necessary to address the gaps in experience, skills,
equipment, resources, training, and doctrine to prepare,
respond to, and recover spilled oil in the Arctic;
(5) an assessment of whether sufficient agreements are in
place to ensure the Coast Guard is receiving the information
it needs to carry out its responsibilities;
(6) an assessment of the assets and infrastructure
necessary to meet the strategic objectives identified in the
United States Coast Guard Arctic Strategy dated May 2013
based on factors such as--
(A) response time;
(B) coverage area;
(C) endurance on scene;
(D) presence; and
(E) deterrence; and
(7) an analysis of National Security Cutters, Offshore
Patrol Cutters, and Fast Response Cutters capabilities based
on the factors described in subparagraphs (A) through (E) of
paragraph (6), both stationed from various Alaska ports and
in other locations.
SEC. 3666. FLEET REQUIREMENTS ASSESSMENT AND STRATEGY.
(a) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the department in
which the Coast Guard is operating, in consultation with
interested Federal and non-Federal stakeholders, shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
including--
(1) an assessment of Coast Guard at-sea operational fleet
requirements to support its statutory missions established in
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.); and
(2) a strategic plan for meeting the requirements
identified under paragraph (1).
(b) Contents.--The report under subsection (a) shall
include--
(1) an assessment of--
(A) the extent to which the Coast Guard at-sea operational
fleet requirements are currently being met;
(B) the Coast Guard's current fleet, its operational
lifespan, and how the aging of the fleet will impact at-sea
operational needs;
(C) fleet operations and recommended improvements to
minimize costs and extend operational vessel life spans; and
(D) actual cutter requirements for the Fast Response
Cutter, the Offshore Patrol Cutter, and the National Security
Cutter to meet at-sea operational needs as compared to
planned acquisitions under the current programs of record;
(2) an analysis of--
(A) how the Coast Guard at-sea operational fleet
requirements are currently met, including the use of the
Coast Guard's current cutter fleet, agreements with partners,
chartered vessels, and unmanned vehicle technology; and
(B) how existing and planned cutter programs of record meet
the at-sea operational requirements, including the Fast
Response Cutter, the Offshore Patrol Cutter, and the National
Security Cutter; and
(3) a description of--
(A) planned manned and unmanned vessel acquisition; and
(B) how such acquisitions will change the extent to which
the Coast Guard at-sea operational requirements are met.
(c) Consultation and Transparency.--
(1) Consultation.--In consulting with the Federal and non-
Federal stakeholders under subsection (a), the Secretary of
the department in which the Coast Guard is operating shall--
(A) provide the stakeholders with opportunities for input--
(i) prior to initially drafting the report, including the
assessment and strategic plan; and
(ii) not later than 3 months prior to finalizing the
report, including the assessment and strategic plan, for
submission; and
(B) document the input and its disposition in the report.
(2) Transparency.--All input provided under paragraph (1)
shall be made available to the public.
SEC. 3667. COMPTROLLER GENERAL REPORT ON CERTAIN TASK FORCES.
(a) Findings.--Congress finds that the Joint Interagency
Task Force South (referred to in this section as the ``JIATF-
South'') is an exemplary program that executes its counter-
narcotics mission with distinction and in a cost-effective
manner.
(b) Study.--The Comptroller General of the United States
shall study each of the following task forces and compare the
execution of the task force's counter-narcotics and illegal
migrant operation to that of the JIATF-South:
(1) The Joint Interagency Task Force West (referred to in
this section as the ``JIATF-West'').
(2) The Department of Homeland Security's Joint Task Forces
(referred to in this section as the ``DHS-JTF'').
(c) Contents.--In conducting the study under subsection
(b), the Comptroller General shall, at a minimum--
(1) review the JIATF-West Counternarcotics Operations
Center and its performance of its mission to support counter-
narcotics missions by United States law enforcement agencies;
(2) compare the JIATF-West, DHS-JTFs, and JIATF-South
organizational and manning structure;
(3) assess the JIATF-West's current organizational and
manning structure as it relates
[[Page S4492]]
to JIATF-West's ability to conduct counter-narcotics
missions;
(4) review the JIATF-West's December 2015-May 2017
reorganization initiative and its impact, if any, on
improving mission performance;
(5) review the JIATF-West's leadership, including an
assessment of--
(A) the role of a Coast Guard flag officer as the director
as compared to the Coast Guard's role in JIAFT-South; and
(B) the process used by the JIATF-West for developing and
implementing its December 2015-May 2017 reorganization
initiative, including how it assessed progress and solicited
feedback on the initiative;
(C) its general management and personnel practices, and
their impact, if any, on mission performance;
(6) include recommendations for improving the JIATF-West's
performance; and
(7) review whether there is any redundancy between DHS-JTF
and JIATF-South or JIATF-West.
(d) Report.--The Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the findings of
the study under subsection (b), including any recommendations
for improving the counter-narcotics and illegal migrant
operations of the JIATF-West or DHS-JTF.
SEC. 3668. SAFETY OF VESSELS OF THE ARMED FORCES.
(a) In General.--Section 91 of title 14, United States
Code, is amended--
(1) in the heading, by striking ``naval vessels'' and
inserting ``vessels of the armed forces'';
(2) in subsection (a), by striking ``United States naval
vessel'' and inserting ``vessel of the armed forces''; and
(3) in subsection (b)--
(A) by striking ``senior naval officer present in command''
and inserting ``senior officer present in command''; and
(B) by striking ``United States naval vessel'' and
inserting ``vessel of the armed forces''.
(b) Table of Contents.--The table of contents of chapter 5
of title 14, United States Code, is amended by amending the
item relating to section 91 to read as follows:
``91. Safety of vessels of the armed forces.''.
SEC. 3669. PROTECTING AGAINST UNMANNED AIRCRAFT.
(a) Protecting Against Unmanned Aircraft.--Chapter 5 of
title 14, United States Code, is amended by inserting after
section 91, the following:
``Sec. 91A. Protecting against unmanned aircraft
``(a) Authority.--Notwithstanding title 18 (including
section 32 (commonly known as the Aircraft Sabotage Act),
section 1030 (commonly known as the Computer Fraud and Abuse
Act), sections 2510-2522 (commonly known as the Wiretap Act),
and sections 3121-3127 (commonly known as the Pen/Trap
Statute)), and section 46502 of title 49, the Secretary, or
the Secretary's designee, may take such action as necessary
to mitigate, prevent, or respond to the operation of an
unmanned aircraft that could interfere with the security or
safe navigation of--
``(1) any vessel or aircraft of the Coast Guard; or
``(2) any vessel the Coast Guard is assisting or escorting.
``(b) Remedy.--
``(1) In general.--The exclusive remedy for any cause of
action by the owner or operator of an unmanned aircraft
arising from such action as necessary taken under this
section shall be limited to the monetary value of the
unmanned aircraft at the time such action as necessary is
taken.
``(2) Indemnification.--The senior member present and all
persons acting under that officer's direction shall be
indemnified from any penalties or actions for damages arising
from such action as necessary taken under this section.
``(c) Policy Development.--The Secretary, in coordination
with the Secretary of Transportation, shall develop policy
for the actions authorized in subsection (a).
``(d) Notice.--
``(1) In general.--Any notice, regulation, or amendment to
an existing regulation promulgated pursuant to this section
shall be deemed a military function of the United States, and
the Secretary shall promulgate such notice, regulation, or
amendment without regard to chapters 5 and 6 of title 5, and
Executive Orders 12866 and 13563.
``(2) Rule of construction.--Nothing in this section shall
be construed to require the Secretary of Homeland Security to
publish information concerning any aspect of any assistance
or escort that the Coast Guard may conduct.
``(e) Penalties.--Any person who operates an unmanned
aircraft which interferes with the security or safe
navigation of a vessel or aircraft described in subsection
(a) shall be subject to a civil penalty or criminal penalty.
``(1) Civil penalty.--
``(A) Any person whom Secretary the finds, after notice and
an opportunity for a hearing, to have violated this section
or a regulation issued hereunder shall be liable to the
United States for a civil penalty, not to exceed $25,000 for
each 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.
``(B) The Secretary may compromise, modify, or remit, with
or without conditions, any civil penalty which is subject to
imposition or which has been imposed under this section.
``(C) 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.
``(2) Criminal penalty.--
``(A) Any person who willfully and knowingly violates this
section or any regulation issued hereunder commits a class D
felony.
``(B) Any person who, in the willful and knowing violation
of this section or of any regulation issued hereunder engages
in conduct that causes bodily injury to any person or damage
to any vessel or aircraft described in subsection (a) commits
a class C felony.
``(f) Definitions.--In this section:
``(1) Interfere.--The term `interfere', with respect to
security or safe navigation, means--
``(A) inflict or otherwise cause physical harm to a person;
``(B) inflict or otherwise cause damage to a vessel or
aircraft described in subsection (a);
``(C) impede the operation of a vessel or aircraft
described in subsection (a), including the diversion of a
crewmember from a duty related to such vessel or aircraft;
``(D) conduct unauthorized surveillance or reconnaissance;
or
``(E) result in unauthorized access to, or disclosure of,
classified, or otherwise lawfully protected information.
``(2) Such action as necessary.--The term `such action as
necessary' means any action to disable, disrupt or exercise
control of, seize, or destroy an unmanned aircraft.
``(3) Unmanned aircraft.--The term`unmanned aircraft' has
the meaning given the term in section 331 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).''.
(b) Technical and Conforming Amendments.--Title 14, United
States Code, is amended--
(1) in the heading for section 91, by striking ``naval
vessels'' and inserting ``vessels of the armed forces''; and
(2) in the analysis for chapter 5--
(A) in the item relating to section 91, by striking ``naval
vessels'' and inserting ``vessels of the armed forces''; and
(B) by inserting, after the item relating to section 91,
the following:
``91A. Protecting against unmanned aircraft.''.
SEC. 3670. JURISDICTION AND VENUE.
Section 70504(b) of title 46, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by striking
``the district court of the United States for--'' and
inserting ``in any district court of the United States.'';
and
(2) by striking paragraphs (1) and (2).
Subtitle E--Miscellaneous
SEC. 3681. SHIP SHOAL LIGHTHOUSE TRANSFER; REPEAL.
Section 27 of the Coast Guard Authorization Act of 1991
(Public Law 102-241; 105 Stat. 2218) is repealed.
SEC. 3682. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.
(a) Expedited Hiring Authority.--
(1) In general.--Chapter 15 of title 14, United States
Code, is amended by inserting after section 563 the
following:
``Sec. 563a. Acquisition workforce expedited hiring authority
``For purposes of section 3304 of title 5, the Commandant
of the Coast Guard may--
``(1) designate any category of acquisition positions
within the Coast Guard as shortage category positions; and
``(2) use the authorities in such section to recruit and
appoint highly qualified persons directly to positions so
designated.''.
(2) Table of contents.--The table of contents of chapter 15
of title 14, United States Code, is amended by inserting
after the item relating to section 563 the following:
``563a. Acquisition workforce expedited hiring authority.''.
(3) Repeal.--Section 404 of the Coast Guard Authorization
Act of 2010 (Public Law 111-281; 124 Stat. 2950) is repealed.
(b) Acquisition Workforce Reemployment Authority.--
(1) In general.--Chapter 15 of title 14, as amended by
subsection (a) of this section, is further amended by
inserting after section 563a the following:
``Sec. 563b. Acquisition workforce reemployment authority
``(a) In General.--Except as provided in subsection (b), if
an annuitant receiving an annuity from the Civil Service
Retirement and Disability Fund becomes employed in any
category of acquisition positions designated by the
Commandant of the Coast Guard under section 563a of this
title, the annuity of an annuitant so employed shall
continue. An annuitant so reemployed shall not be considered
an employee for purposes of subchapter III of chapter 83 or
chapter 84 of title 5.
``(b)(1) Election.--An annuitant retired under section
8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity
from the Civil Service Retirement and Disability Fund, who
becomes employed in a position within
[[Page S4493]]
the Coast Guard after the date of enactment of the National
Defense Authorization Act for Fiscal Year 2018', may elect to
be subject to section 8344 or 8468 of such title (as the case
may be).
``(A) Deadline.--An election for coverage under this
subsection shall be filed not later than 90 days after the
Commandant takes reasonable actions to notify employees who
may file an election.
``(B) Coverage.--If an employee files an election under
this subsection, coverage shall be effective beginning on the
first day of the first applicable pay period beginning on or
after the date of the filing of the election.
``(2) Application.--Paragraph (1) shall apply to an
individual who is eligible to file an election under
paragraph (1) and does not file a timely election under this
subsection.''.
(2) Table of contents.--The table of contents of chapter 15
of title 14, United States Code, as amended in subsection (a)
of this section, is further amended by inserting after the
item relating to section 563a the following:
``563b. Acquisition workforce reemployment authority.''.
SEC. 3683. DRAWBRIDGES.
(a) Purposes.--The purposes of this section are--
(1) to ensure the public is made aware of any temporary
change to a drawbridge operating schedule; and
(2) to ensure the operators are maintaining logbook records
of drawbridge movement.
(b) Temporary Changes to Drawbridge Operating Schedules.--
Section 5 of the Act entitled ``An Act making appropriations
for the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes'',
approved August 18, 1894 (33 U.S.C. 499), is amended by
adding at the end the following--
``(d) Temporary Changes to Drawbridge Operating
Schedules.--Notwithstanding section 553 of title 5, United
States Code, whenever a temporary change to the operating
schedule of a drawbridge, lasting 180 days or less--
``(1) is approved--
``(A) the Secretary of the department in which the Coast
Guard is operating shall--
``(i) issue a deviation approval letter to the bridge
owner; and
``(ii) announce the temporary change in--
``(I) the Local Notice to Mariners;
``(II) broadcast notices to mariners through radio
stations; or
``(III) such other local media as the Secretary considers
appropriate; and
``(B) the bridge owner, except a railroad bridge owner,
shall notify--
``(i) the public by publishing notice of the temporary
change in a newspaper of general circulation published in the
place where the bridge is located;
``(ii) the department, agency, or office of transportation
with jurisdiction over the roadway that abuts the approaches
to the bridge; and
``(iii) the law enforcement organization with jurisdiction
over the roadway that abuts the approaches to the bridge; or
``(2) is denied, the Secretary of the department in which
the Coast Guard is operating shall--
``(A) not later than 10 days after the date of receipt of
the request, provide the bridge owner in writing the reasons
for the denial, including any supporting data and evidence
used to make the determination; and
``(B) provide the bridge owner a reasonable opportunity to
address each reason for the denial and resubmit the request.
``(e) Drawbridge Movements.--The Secretary of the
department in which the Coast Guard is operating--
``(1) shall require a drawbridge operator to record each
movement of the drawbridge in a logbook;
``(2) may inspect the log to ensure drawbridge movement is
in accordance with the posted operating schedule;
``(3) shall review whether deviations from the posted
operating schedule are impairing vehicular and pedestrian
traffic; and
``(4) may determine if the operating schedule should be
adjusted for efficiency of maritime or vehicular and
pedestrian traffic.
``(f) Requirements.--
``(1) Records.--An operator of a drawbridge built across a
navigable river or other water of the United States--
``(A) that opens the draw of such bridge for the passage of
a vessel, shall maintain for not less than 5 years a logbook
record of--
``(i) the bridge identification and date of each opening;
``(ii) the bridge tender or operator for each opening;
``(iii) each time it is opened for navigation;
``(iv) each time it is closed for navigation;
``(v) the number and direction of vessels passing through
during each opening;
``(vi) the types of vessels passing through during each
opening;
``(vii) an estimated or known size (height, length, and
beam) of the largest vessel passing through during each
opening;
``(viii) for each vessel, the vessel name and registration
number if easily observable; and
``(ix) all maintenance openings, malfunctions, or other
comments; and
``(B) that remains open to navigation but closes to allow
for trains to cross, shall maintain for not less than 5 years
a record of--
``(i) the bridge identification and date of each opening;
``(ii) the bridge tender or operator;
``(iii) each time it is opened to navigation;
``(iv) each time it is closed to navigation; and
``(v) all maintenance openings, malfunctions, or other
comments.
``(2) Submission of records.--At the request of the
Secretary of the department in which the Coast Guard is
operating, a drawbridge operator shall submit to the
Secretary such logbook records under paragraph (1) as the
Secretary considers necessary to carry out this section.
``(3) Exemption.--The requirements under paragraph (1) of
this section shall be exempt from sections 3501 through 3521
of title 44, United States Code.''.
SEC. 3684. INCENTIVE CONTRACT; COAST GUARD YARD AND
INDUSTRIAL ESTABLISHMENTS.
(a) In General.--Whenever the parties to a project order
for industrial work to be performed by the Coast Guard Yard
or a designated Coast Guard industrial establishment agree
that delivery or technical performance of the wage-grade
industrial employees may, during the term of such project
order, improve, the parties to such project order may,
notwithstanding any other provision of law, including any
provision of law that provides for the time or purpose of
appropriated funds, enter into an incentive project order or
a cost-plus-incentive-fee project order by which an agreed
upon amount of the adjustment to be made pursuant to section
648(a) of title 14, United States Code, may, notwithstanding
that provision of law or any other provision of law, be
distributed as an incentive to the wage-grade industrial
employees who completed the project order.
(b) Condition.--Before entering into an incentive project
order or a cost-plus-incentive-fee project order, the
commanding officer of the Coast Guard Yard or the commanding
officer of the Coast Guard industrial establishment, as the
case may be, shall complete a determination and finding for
such incentive project order or cost-plus-incentive-fee
project order that justifies the use of such project order as
in the best interest of the Federal Government.
(c) Treatment of Incentive Award.--Notwithstanding any
other provision of law, in the event that the industrial
workforce of the Coast Guard Yard or a Coast Guard industrial
establishment satisfies the performance target set out in an
incentive project order or a cost-plus-incentive-fee project
order--
(1) the adjustment to be made pursuant to section 648(a) of
title 14, United States Code, shall, notwithstanding that
provision of law, be reduced by the agreed amount and
distributed as an incentive to such wage-grade industrial
employees; and
(2) the remainder of the adjustment shall be credited to
the appropriation current at that time.
SEC. 3685. COAST GUARD HEALTH-CARE PROFESSIONALS; LICENSURE
PORTABILITY.
(a) In General.--Section 1094(d)(1) of title 10, United
States Code, shall apply in the same manner and to the same
degree as such section applies to a health-care professional
described in subsection (d)(2) of that section to a health-
care professional described in subsection (b) of this
section.
(b) Health-care Professional.--A health-care professional
described in this subsection is a member of the Coast Guard,
civilian employee of the Coast Guard, member of the Public
Health Service assigned to the Coast Guard, personal services
contractor under section 1091 of title 10, United States
Code, or other health-care professional credentialed and
privileged at a Federal health care institution or location
specially designated by the Secretary of the department in
which the Coast Guard is operating for this purpose who--
(1) has a current license to practice medicine, osteopathic
medicine, dentistry, or another health profession; and
(2) is performing authorized duties for the Coast Guard.
SEC. 3686. LAND EXCHANGE; AYAKULIK ISLAND, ALASKA.
(a) Land Exchange; Ayakulik Island, Alaska.--If the owner
of Ayakulik Island, Alaska, offers to exchange the Island for
the Tract--
(1) within 10 days after receiving such offer, the
Secretary shall provide notice of the offer to the
Commandant;
(2) within 60 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 1 or more of such
restrictions; or
(B) commence a civil action for appropriate relief,
including a permanent or temporary injunction enjoining the
activity that violates or threatens to violate such
restrictions;
(3) within 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
[[Page S4494]]
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 60 days after receiving the notice under
subsection (a)(1), the Secretary shall, by not later than 75
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.--
(1) In general.--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)).
(2) Exemption.--Notwithstanding paragraph (1), the Coast
Guard shall be exempt from liability under 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 March 22, 2017.
SEC. 3687. ABANDONED SEAFARERS FUND AMENDMENTS.
Section 11113 of title 46, United States Code, is amended--
(1) in subsection (a)(2), by striking ``may be appropriated
to the Secretary'' in the matter before subparagraph (A) and
inserting ``shall be available to the Secretary without
further appropriation, and shall remain available until
expended,''; and
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``plus a surcharge of 25
percent of such total amount,'' after ``seafarer,'' in the
matter preceding subparagraph (A); and
(B) by striking paragraph (4).
SEC. 3688. SMALL SHIPYARD CONTRACTS.
(a) In General.--Chapter 17 of title 14, United States
Code, is amended by inserting after section 667 the
following:
``Sec. 667a. Construction of Coast Guard vessels and
assignment of vessel projects
``The assignment of Coast Guard vessel conversion,
alteration, and repair projects shall be based on economic
and military considerations and may not be restricted by a
requirement that certain parts of Coast Guard shipwork be
assigned to a particular type of shipyard or geographical
area or by a similar requirement.''.
(b) Table of Contents.--The table of contents of chapter 17
of title 14, United States Code, is amended by inserting
after the item relating to section 667 the following:
``667a. Construction of Coast Guard vessels and assignment of vessel
projects.''.
SEC. 3689. WESTERN CHALLENGER; CERTIFICATE OF DOCUMENTATION.
Section 604(b) of the Howard Coble Coast Guard and Maritime
Transportation Act of 2014 (Public Law 113-281; 128 Stat.
3062) is amended by inserting ``and a fisheries endorsement''
after ``endorsement''.
SEC. 3690. RADAR REFRESHER TRAINING.
Not later than 60 days after the date of enactment of this
Act, the Secretary of the department in which the Coast Guard
is operating shall prescribe a final rule eliminating the
requirement that a mariner actively using the mariner's
credential complete an approved refresher or recertification
course to maintain a radar observer endorsement. This
rulemaking shall be exempt from chapters 5 and 6 of title 5,
United States Code, and Executive Orders 12866 and 13563.
SEC. 3691. VESSEL RESPONSE PLAN AUDIT.
(a) Requirement for Audit.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General of the
United States shall complete and submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives an audit of the verification and approval
process of the Coast Guard for vessel response plans required
under section 311 of the Federal Water Pollution Control Act
(33 U.S.C. 1321).
(b) Review and Recommendations.--The audit required by
subsection (a) shall--
(1) review and make recommendations regarding the
verification and approval process of the Coast Guard for
vessel response plans required under section 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1321) for--
(A) the current Coast Guard staffing model and organization
used for such process;
(B) the amount of time expended by the Coast Guard
verifying and approving such vessel response plans; and
(C) the amount of time expended by the Coast Guard for
verification and approval of a single such vessel response
plan; and
(2) include a detailed analysis of--
(A) such process beginning with initial submission from the
vessel through final approval;
(B) how such process ensures compliance with applicable
statutes and regulations;
(C) the role of local and regional Coast Guard units in
such process;
(D) any public comment or other forms of engagement with
regional stakeholders, including State governments and Indian
tribes;
(E) any engagement or utilization of Federal or State
agency resources and consultation, including weather data
systems, oil spill trajectory modeling, or risk management
information for the purposes of reviewing vessel response
plans;
(F) how the Coast Guard verifies availability and
contractual obligation of resources required in a such a
vessel response plan;
(G) the resources available and used by the Coast Guard to
verify operational capability and capacity of equipment
listed in a vessel response plan for the applicable operating
environment;
(H) how the Coast Guard verifies alternate measures when a
vessel cannot meet the National Planning Criteria;
(I) the weather data, modeling software, and information
systems available and used by the Coast Guard when
determining compliance for response resource mobilization
times stipulated in regulation;
(J) how the Coast Guard factors in regional specific
adverse weather, as defined in section 155.1020 of title 33,
Code of Federal Regulations, in determining compliance for
response resource mobilization times stipulated in
regulation;
(K) how the Coast Guard reviews and verifies previously
approved vessel response plans for compliance when there is a
change in statute or regulation which effects response
planning criteria or resource mobilization times;
(L) the Coast Guard process for calculating compliance for
response resource mobilization times stipulated in statute
and regulation;
(M) how the Coast Guard verifies availability and
compliance with response resource mobilization requirements
for different geographic regions;
(N) how the Coast Guard ensures vessel response plans are
adapted and updated to account for new regional response
needs, such as regional trends of transportation of heavy
oils and volume of traffic;
(O) the Coast Guard processes and actions taken if an
approved vessel response plan is discovered to be
noncompliant;
(P) how such process could be improved; and
(Q) the resources needed to improve such process.
SEC. 3692. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL
RESEARCH AND RESPONSE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Commandant of the Coast Guard
shall establish a Center of Expertise for Great Lakes Oil
Spill Preparedness and Response (referred to in this section
as the ``Center of Expertise'') in accordance with section 58
of title 14, United States Code.
(b) Location.--The Center of Expertise shall be located in
close proximity to--
(1) critical crude oil transportation infrastructure on and
connecting the Great Lakes, such as submerged pipelines and
high-traffic navigation locks; and
(2) an institution of higher education with adequate
aquatic research laboratory facilities and capabilities and
expertise in Great Lakes aquatic ecology, environmental
chemistry, fish and wildlife, and water resources.
(c) Functions.--The Center of Expertise shall--
(1) monitor and assess, on an ongoing basis, the current
state of knowledge regarding freshwater oil spill response
technologies and the behavior and effects of oil spills in
the Great Lakes;
(2) identify any significant gaps in Great Lakes oil spill
research, including an assessment of major scientific or
technological deficiencies in responses to past spills in the
Great Lakes and other freshwater bodies, and seek to fill
those gaps;
(3) conduct research, development, testing, and evaluation
for freshwater oil spill response equipment, technologies,
and techniques to mitigate and respond to oil spills in the
Great Lakes;
(4) educate and train Federal, State, and local first
responders located in United States Coast Guard District 9
in--
(A) the incident command system structure;
(B) Great Lakes oil spill response techniques and
strategies; and
(C) public affairs; and
(5) work with academic and private sector response training
centers to develop and standardize maritime oil spill
response training and techniques for use on the Great Lakes.
(d) Definition.--In this section, the term ``Great Lakes''
means Lake Superior, Lake Michigan, Lake Huron, Lake Erie,
and Lake Ontario.
[[Page S4495]]
Subtitle F--Department of Commerce Vessels
SEC. 3701. WAIVERS FOR CERTAIN CONTRACTS.
Section 3134 of title 40, United States Code, is amended--
(1) by inserting ``Secretary of Homeland Security,'' after
``Air Force,'' each place it appears; and
(2) by adding at the end the following:
``(c) Commerce.--The Secretary of Commerce may waive this
subchapter with respect to contracts for the construction,
alteration, or repair of vessels, regardless of the terms of
the contracts as to payment or title, when the contract is
made under the Act entitled `An Act to define the functions
and duties of the Coast and Geodetic Survey, and for other
purposes', approved August 6, 1947 (33 U.S.C. 883a et
seq.).''.
Subtitle G--Federal Maritime Commission Authorization Act of 2017
SEC. 3711. SHORT TITLE.
This subtitle may be cited as the ``Federal Maritime
Commission Authorization Act of 2017''.
SEC. 3712. AUTHORIZATION OF APPROPRIATIONS.
Section 308 of title 46, United States Code, is amended by
striking ``$24,700,000 for each of fiscal years 2016 and
2017'' and inserting ``$28,490,000 for each of fiscal years
2018 and 2019''.
SEC. 3713. RECORD OF MEETINGS AND VOTES.
(a) In General.--Section 303 of title 46, United States
Code, is amended to read as follows:
``Sec. 303. Meetings
``(a) In General.--The Federal Maritime Commission shall be
deemed to be an agency for purposes of section 552b of title
5.
``(b) Record.--The Commission, through its secretary, shall
keep a record of its meetings and the votes taken on any
action, order, contract, or financial transaction of the
Commission.
``(c) Nonpublic Collaborative Discussions.--
``(1) In general.--Notwithstanding section 552b of title 5,
a majority of the Commissioners may hold a meeting that is
not open to public observation to discuss official agency
business if--
``(A) no formal or informal vote or other official agency
action is taken at the meeting;
``(B) each individual present at the meeting is a
Commissioner or an employee of the Commission; and
``(C) the General Counsel of the Commission is present at
the meeting.
``(2) Disclosure of nonpublic collaborative discussions.--
Except as provided under paragraph (3), not later than 2
business days after the conclusion of a meeting under
paragraph (1), the Commission shall make available to the
public, in a place easily accessible to the public--
``(A) a list of the individuals present at the meeting; and
``(B) a summary of the matters discussed at the meeting,
except for any matters the Commission properly determines may
be withheld from the public under section 552b(c) of title 5.
``(3) Exception.--If the Commission properly determines
matters may be withheld from the public under section 555b(c)
of title 5, the Commission shall provide a summary with as
much general information as possible on those matters
withheld from the public.
``(4) Ongoing proceedings.--If a meeting under paragraph
(1) directly relates to an ongoing proceeding before the
Commission, the Commission shall make the disclosure under
paragraph (2) on the date of the final Commission decision.
``(5) Preservation of open meetings requirements for agency
action.--Nothing in this subsection may be construed to limit
the applicability of section 552b of title 5 with respect to
a meeting of the Commissioners other than that described in
this subsection.
``(6) Statutory construction.--Nothing in this subsection
may be construed--
``(A) to limit the applicability of section 552b of title 5
with respect to any information which is proposed to be
withheld from the public under paragraph (2)(B) of this
subsection; or
``(B) to authorize the Commission to withhold from any
individual any record that is accessible to that individual
under section 552a of title 5.''.
(b) Table of Contents.--The table of contents of chapter 3
of title 46, United States Code, is amended by amending the
item relating to section 303 to read as follows:
``303. Meetings.''.
SEC. 3714. PUBLIC PARTICIPATION.
(a) Notice of Filing.--Section 40304(a) of title 46, United
States Code, is amended to read as follows:
``(a) Notice of Filing.--Not later than 7 days after the
date an agreement is filed, the Federal Maritime Commission
shall--
``(1) transmit a notice of the filing to the Federal
Register for publication; and
``(2) request interested persons to submit relevant
information and documents.''.
(b) Request for Information and Documents.--Section
40304(d) of title 46, United States Code, is amended by
striking ``section'' and inserting ``part''.
(c) Saving Clause.--Nothing in this section, or the
amendments made by this section, may be construed--
(1) to prevent the Federal Maritime Commission from
requesting from a person, at any time, any additional
information or documents the Commission considers necessary
to carry out chapter 403 of title 46, United States Code;
(2) to prescribe a specific deadline for the submission of
relevant information and documents in response to a request
under section 40304(a)(2) of title 46, United States Code; or
(3) to limit the authority of the Commission to request
information under section 40304(d) of title 46, United States
Code.
SEC. 3715. REPORTS FILED WITH THE COMMISSION.
Section 40104(a) of title 46, United States Code, is
amended to read as follows:
``(a) Reports.--
``(1) In general.--The Federal Maritime Commission may
require a common carrier or marine terminal operator, or an
officer, receiver, trustee, lessee, agent, or employee of the
common carrier or marine terminal operator to file with the
Commission a periodical or special report, an account,
record, rate, or charge, or a memorandum of facts and
transactions related to the business of the common carrier or
marine terminal operator, as applicable.
``(2) Requirements.--The report, account, record, rate,
charge, or memorandum shall--
``(A) be made under oath if the Commission requires; and
``(B) be filed in the form and within the time prescribed
by the Commission.''.
SEC. 3716. TRANSPARENCY.
(a) In General.--Beginning not later than 60 days after the
date of enactment of this Act, the Federal Maritime
Commission shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives biannual reports that describe the
Commission's progress toward addressing the issues raised in
each unfinished regulatory proceeding, regardless of whether
the proceeding is subject to a statutory or regulatory
deadline.
(b) Format of Reports.--Each report under subsection (a)
shall, among other things, clearly identify for each
unfinished regulatory proceeding--
(1) the popular title;
(2) the current stage of the proceeding;
(3) an abstract of the proceeding;
(4) what prompted the action in question;
(5) any applicable statutory, regulatory, or judicial
deadline;
(6) the associated docket number;
(7) the date the rulemaking was initiated;
(8) a date for the next action; and
(9) if a date for next action identified in the previous
report is not met, the reason for the delay.
SEC. 3717. NEGOTIATIONS.
(a) Exceptions.--Section 40307(b)(1) of title 46, United
States Code, is amended by inserting ``tug operators,'' after
``motor carriers,''.
(b) Concerted Action.--Section 41105 of title 46, United
States Code, is amended--
(1) in paragraph (4)--
(A) by striking ``non-ocean carrier'' and inserting ``tug
operator, non-ocean carrier,''; and
(B) by inserting ``tug operators or'' after ``States by
those'';
(2) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively;
(3) by inserting after paragraph (4) the following:
``(5) negotiate with a marine terminal operator on any rate
or service matter associated with certain covered services
provided to ocean common carriers within the United States by
those marine terminal operators, unless the negotiations and
any resulting agreements are not in violation of the
antitrust laws and are consistent with the purposes of this
part, except that this paragraph does not prohibit the
setting and publishing of a joint through rate by a
conference, joint venture, or association of ocean common
carriers;'';
(4) in the matter preceding paragraph (1), by inserting
``(a) In General.--'' before ``A conference'' and indenting
appropriately; and
(5) by adding at the end the following:
``(b) Definition of Certain Covered Services.--In this
section, the term `certain covered services' means berthing,
the loading or unloading of cargo to or from a vessel to or
from a point of rest on a wharf, the bunkering of such a
vessel, towage and tug assistance of such a vessel, or the
positioning, removal, or replacement of navigation buoys.''.
(c) Technical and Conforming Amendments.--
(1) Content requirements.--Section 40303(b)(5) of title 46,
United States Code, is amended by striking ``section 41105(1)
or (3) of this title'' and inserting ``paragraph (1) or
paragraph (3) of section 41105(a) of this title''; and
(2) Award of reparations.--Section 41305(c) of title 46,
United States Code, is amended by striking ``section 41105(1)
or (3) of this title'' and inserting ``paragraph (1) or
paragraph (3) of section 41105(a) of this title''.
(d) Savings Clause.--Nothing in this section or the
amendments made by this section shall be construed to limit
the authority of the Department of Justice regarding
antitrust matters.
SEC. 3718. PROHIBITIONS AND PENALTIES.
Section 41104(11) of title 46, United States Code, is
amended to read as follows:
``(11) knowingly and willfully accept cargo from or
transport cargo for the account of a non-vessel-operating
common carrier that
[[Page S4496]]
does not have a tariff as required by section 40501 of this
title, or an ocean transportation intermediary that does not
have a bond, insurance, or other surety as required by
section 40902 of this title; or''.
Subtitle H--Vessel Incidental Discharge Act
SEC. 3721. SHORT TITLE.
This subtitle may be cited as the ``Vessel Incidental
Discharge Act''.
SEC. 3722. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Aquatic nuisance species.--The term ``aquatic nuisance
species'' means a nonindigenous species (including a
pathogen) that threatens the diversity or abundance of native
species or the ecological stability of navigable waters of
the United States, or commercial, agricultural, aquacultural,
or recreational activities dependent on such waters.
(3) Ballast water.--The term ``ballast water'' means any
water and suspended matter taken on board a commercial vessel
to control or maintain trim, draught, stability, or stresses
of the commercial vessel, regardless of how it is carried.
(4) Ballast water discharge standard.--The term ``ballast
water discharge standard'' means the numerical ballast water
discharge standard set forth in section 151.2030 of title 33,
Code of Federal Regulations, or section 151.1511 of such
title, or a revised numerical ballast water discharge
standard established under section 805, as applicable.
(5) Ballast water management system.--The term ``ballast
water management system'' means any system (including all
ballast water treatment equipment and all associated control
and monitoring equipment) that processes ballast water to
kill, render harmless, or remove organisms.
(6) Commercial vessel.--
(A) In general.--The term ``commercial vessel'' means a
vessel (as defined in section 3 of title 1, United States
Code) that is engaged in commercial service (as defined in
section 2101 of title 46, United States Code).
(B) Exclusion.--The term ``commercial vessel'' does not
include a recreational vessel.
(7) Discharge incidental to the normal operation of a
commercial vessel.--
(A) In general.--The term ``discharge incidental to the
normal operation of a commercial vessel'' means--
(i) a discharge into navigable waters of the United States
from a commercial vessel of--
(I)(aa) graywater, bilge water, cooling water, oil water
separator effluent, anti-fouling hull coating leachate,
boiler or economizer blowdown, byproducts from cathodic
protection, controllable pitch propeller and thruster
hydraulic fluid, distillation and reverse osmosis brine,
elevator pit effluent, firemain system effluent, freshwater
layup effluent, gas turbine wash water, motor gasoline and
compensating effluent, refrigeration and air condensate
effluent, seawater piping biofouling prevention substances,
boat engine wet exhaust, sonar dome effluent, exhaust gas
scrubber washwater, or stern tube packing gland effluent; or
(bb) any other pollutant associated with the operation of a
marine propulsion system, shipboard maneuvering system,
habitability system, or installed major equipment, or from a
protective, preservative, or absorptive application to the
hull of a commercial vessel;
(II) deck runoff, deck washdown, above the waterline hull
cleaning effluent, aqueous film forming foam effluent, chain
locker effluent, non-oily machinery wastewater, underwater
ship husbandry effluent, welldeck effluent, or fish hold and
fish hold cleaning effluent; or
(III) any effluent from a properly functioning marine
engine; or
(ii) a discharge of a pollutant into navigable waters of
the United States in connection with the testing,
maintenance, or repair of a system, equipment, or engine
described in subclause (I)(bb) or (III) of clause (i)
whenever the commercial vessel is waterborne.
(B) Exclusions.--The term ``discharge incidental to the
normal operation of a commercial vessel'' does not include--
(i) a discharge into navigable waters of the United States
from a commercial vessel of--
(I) ballast water;
(II) rubbish, trash, garbage, incinerator ash, or other
such material discharged overboard;
(III) oil or a hazardous substance (as such terms are
defined in section 311 of the Federal Water Pollution Control
Act (33 U.S.C. 1321)); or
(IV) sewage (as defined in section 312(a)(6) of the Federal
Water Pollution Control Act (33 U.S.C. 1322(a)(6))); or
(ii) any emission of an air pollutant resulting from the
operation onboard a commercial vessel of a commercial vessel
propulsion system, motor driven equipment, or incinerator; or
(iii) any discharge into navigable waters of the United
States from a commercial vessel when the commercial vessel is
operating in a capacity other than as a means of
transportation on water.
(8) General permit.--The term ``General Permit'' means the
Final National Pollutant Discharge Elimination System Vessel
General Permit for Discharges Incidental to the Normal
Operation of a Vessel noticed in the Federal Register on
April 12, 2013 (78 Fed. Reg. 21938).
(9) Geographically limited area.--The term ``geographically
limited area'' means an area--
(A) with a physical limitation that prevents a commercial
vessel from operating outside the area, such as the Great
Lakes and Saint Lawrence River, as determined by the
Secretary; or
(B) that is ecologically homogeneous, as determined by the
Secretary in consultation with the heads of other Federal
departments or agencies the Secretary considers appropriate.
(10) Major conversion.--The term ``major conversion'' has
the meaning given such term in section 2101(14a) of title 46,
United States Code.
(11) Navigable waters of the united states.--The term
``navigable waters of the United States'' has the meaning
given such term in section 2101(17a) of title 46, United
States Code.
(12) Owner or operator.--The term ``owner or operator''
means a person owning, operating, or chartering by demise a
commercial vessel.
(13) Pollutant.--The term ``pollutant'' has the meaning
given such term in section 502(6) of the Federal Water
Pollution Control Act (33 U.S.C. 1362(6)).
(14) Recreational vessel.--The term ``recreational vessel''
has the meaning given such term in section 2101(25) of title
46, United States Code.
(15) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
SEC. 3723. EXISTING BALLAST WATER REGULATIONS.
(a) Effect on Existing Regulations.--Any regulation issued
pursuant to the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 that is in effect on the date immediately
preceding the effective date of this subtitle, and that
relates to a matter subject to regulation under this
subtitle, shall remain in full force and effect unless or
until superseded by a new regulation issued under this
subtitle relating to such matter.
(b) Application of Other Regulations.--The regulations
issued pursuant to the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.)
relating to sanctions for violating a regulation under that
Act shall apply to violations of a regulation issued under
this subtitle.
SEC. 3724. BALLAST WATER DISCHARGE REQUIREMENTS.
(a) In General.--
(1) Requirements.--Except as provided in paragraph (3), and
subject to sections 151.2035 and 151.2036 of title 33, Code
of Federal Regulations (as in effect on the date of the
enactment of this Act), an owner or operator may discharge
ballast water into navigable waters of the United States from
a commercial vessel covered under subsection (b) only if--
(A) by applying the best available technology economically
achievable, the discharge meets the ballast water discharge
standard; and
(B) the owner or operator discharges the ballast water in
accordance with other requirements established by the
Secretary.
(2) Commercial vessels entering the great lakes system and
hudson river.--If a commercial vessel enters the Great Lakes
through the Saint Lawrence River or the Hudson River north of
the George Washington Bridge after operating outside the
exclusive economic zone of the United States or Canada, the
owner or operator shall--
(A) comply with the requirements of--
(i) paragraph (1);
(ii) subpart C of part 151 of title 33, Code of Federal
Regulations; and
(iii) section 401.30 of such title; and
(B) conduct a complete ballast water exchange in an area
that is 200 nautical miles or more from any shore before the
owner or operator may discharge ballast water while operating
in the Saint Lawrence River or the Great Lakes, subject to
any requirements the Secretary determines necessary with
regard to such exchange, or any ballast water management
system that is to be used in conjunction with such exchange,
to ensure that any discharge of ballast water complies with
the requirements under paragraph (1).
(3) Safety exemption.--Notwithstanding paragraphs (1) and
(2), an owner or operator may discharge any ballast water
into navigable waters of the United States from a commercial
vessel if--
(A) the ballast water is discharged solely to ensure the
safety of life at sea;
(B) the ballast water is discharged accidentally as the
result of damage to the commercial vessel or its equipment
and--
(i) all reasonable precautions to prevent or minimize the
discharge have been taken; and
(ii) the owner or operator did not willfully or recklessly
cause such damage; or
(C) the ballast water is discharged solely for the purpose
of avoiding or minimizing a discharge from the commercial
vessel of a pollutant that would violate an applicable
Federal or State law.
(4) Limitation on requirements.--In establishing
requirements under this subsection, the Secretary may not
require the installation of a ballast water management system
on a commercial vessel that--
(A) carries all of its ballast water in sealed tanks that
are not subject to discharge; or
(B) discharges ballast water solely into a reception
facility described in section 3727.
(b) Applicability.--
(1) Covered vessels.--Except as provided in paragraph (2),
subsection (a) shall apply to
[[Page S4497]]
any commercial vessel that is designed, constructed, or
adapted to carry ballast water while such commercial vessel
is operating in navigable waters of the United States.
(2) Exempted vessels.--Subsection (a) shall not apply to a
commercial vessel--
(A) that continuously takes on and discharges ballast water
in a flow-through system, if such system does not introduce
aquatic nuisance species into navigable waters of the United
States, as determined by the Secretary;
(B) that operates exclusively within a geographically
limited area;
(C) that operates pursuant to a geographic restriction
issued as a condition under section 3309 of title 46, United
States Code, or an equivalent restriction issued by the
country of registration of the commercial vessel;
(D) in the National Defense Reserve Fleet that is scheduled
to be disposed of through scrapping or sinking;
(E) that discharges ballast water consisting solely of
water taken aboard from a public or commercial source that,
at the time the water is taken aboard, meets the applicable
regulations or permit requirements for such source under the
Safe Drinking Water Act (42 U.S.C. 300f et seq.); or
(F) in an alternative compliance program established
pursuant to section 3726.
(c) Type Approval of Ballast Water Management Systems That
Render Ballast Water Organisms Incapable of Reproduction.--
(1) In general.--Notwithstanding chapter 5 of title 5,
United States Code, part 151 of title 33, Code of Federal
Regulations, and part 162 of title 46, Code of Federal
Regulations, a ballast water management system that renders
organisms in ballast water incapable of reproduction at the
concentrations prescribed in the ballast water discharge
standard shall be type approved by the Secretary, if--
(A) such system--
(i) undergoes type approval testing at an independent
laboratory designated by the Secretary under such
regulations; and
(ii) meets the requirements of subpart 162.060 of title 46,
Code of Federal Regulations, other than the requirements
related to staining methods or measuring the concentration of
living organisms; and
(B) such laboratory uses a type approval testing method
described in a final policy letter published under paragraph
(2).
(2) Type approval testing methods.--
(A) Draft policy.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall publish a draft
policy letter describing type approval testing methods
capable of measuring the concentration of organisms in
ballast water that are capable of reproduction.
(B) Public comment.--The Secretary shall provide for a
period of not more than 60 days for the public to comment on
the draft policy letter published under paragraph (1).
(C) Final policy.--Not later than 150 days after the date
of the enactment of this Act, the Secretary shall publish a
final policy letter describing type approval testing methods
capable of measuring the concentration of organisms in
ballast water that are capable of reproduction.
(D) Revisions.--The Secretary shall revise such policy
letter as additional testing methods are determined by the
Secretary to be capable of measuring the concentration of
organisms in ballast water that are capable of reproduction.
(E) Considerations.--In developing a policy letter under
this paragraph, the Secretary--
(i) shall consider a type approval testing method that uses
organism grow out and most probable number statistical
analysis to determine the concentration of organisms in
ballast water that are capable of reproduction; and
(ii) shall not consider a type approval testing method that
relies on a staining method that measures the concentration
of organisms greater than or equal to 10 micrometers and
organisms less than or equal to 50 micrometers.
SEC. 3725. REVIEW OF BALLAST WATER DISCHARGE STANDARD.
(a) Effectiveness Review.--
(1) In general.--The Secretary shall conduct reviews in
accordance with this section to determine whether revising
the ballast water discharge standard based on the application
of the best available technology economically achievable
would result in a reduction in the risk of the introduction
or establishment of aquatic nuisance species.
(2) Required reviews.--Not later than January 1, 2022, and
every 10 years thereafter, the Secretary, in consultation
with the Administrator, shall complete a review under
paragraph (1).
(3) State petitions for review.--
(A) In general.--The Governor of a State may submit a
petition requesting the Secretary to conduct a review under
paragraph (1) if there is significant new information that
could reasonably indicate the ballast water discharge
standard could be revised to result in a reduction in the
risk of the introduction or establishment of aquatic nuisance
species.
(B) Timing.--A Governor may not submit a petition under
subparagraph (A) during the 1-year period following the date
of completion of a review under paragraph (1).
(C) Required information.--A petition submitted to the
Secretary under subparagraph (A) shall include--
(i) a proposed ballast water discharge standard that would
result in a reduction in the risk of the introduction or
establishment of aquatic nuisance species;
(ii) information regarding any ballast water management
systems that may achieve the proposed ballast water discharge
standard;
(iii) the scientific and technical information on which the
petition is based, including a description of the risk
reduction that would result from the proposed ballast water
discharge standard included under clause (i); and
(iv) any additional information the Secretary considers
appropriate.
(D) Public availability.--Upon receiving a petition under
subparagraph (A), the Secretary shall make publicly available
a copy of the petition, including the information included
under subparagraph (C).
(E) Treatment of more than one petition as a single
petition.--The Secretary may treat more than one petition
submitted under subparagraph (A) as a single such petition.
(F) Authority to review.--After receiving a petition that
meets the requirements of this paragraph, the Secretary, in
consultation with the Administrator, may conduct a review
under paragraph (1).
(b) Practicability Review.--
(1) In general.--If the Secretary determines under
subsection (a) that revision of the ballast water discharge
standard would result in a reduction in the risk of the
introduction or establishment of aquatic nuisance species,
the Secretary, in consultation with the Administrator, shall
conduct a practicability review to determine whether--
(A) a ballast water management system that is capable of
achieving the ballast water discharge standard as proposed to
be revised is economically achievable and operationally
practicable; and
(B) testing protocols that can assure accurate measurement
of compliance with the ballast water discharge standard as
proposed to be revised can be practicably implemented.
(2) Criteria for practicability review.--In conducting a
practicability review under paragraph (1), the Secretary
shall consider--
(A) improvements in the scientific understanding of
biological and ecological processes that lead to the
introduction or establishment of aquatic nuisance species;
(B) improvements in ballast water management systems,
including--
(i) the capability of such systems to achieve the ballast
water discharge standard as proposed to be revised;
(ii) the effectiveness and reliability of such systems in
the shipboard environment;
(iii) the compatibility of such systems with the design and
operation of a commercial vessel by class, type, and size;
(iv) the commercial availability of such systems; and
(v) the safety of such systems;
(C) improvements in the capabilities to detect, quantify,
and assess whether aquatic nuisance species are capable of
reproduction under the ballast water discharge standard as
proposed to be revised;
(D) the impact of ballast water management systems on water
quality;
(E) the costs, cost-effectiveness, and effects of--
(i) a revised ballast water discharge standard; and
(ii) maintaining the existing ballast water discharge
standard; and
(F) other criteria that the Secretary considers
appropriate.
(3) Information from states.--In conducting a
practicability review under paragraph (1), the Secretary
shall solicit information from the States concerning matters
the Secretary is required to consider under paragraph (2).
(c) Revised Ballast Water Discharge Standard.--The
Secretary shall issue a rule to revise the ballast water
discharge standard if the Secretary, in consultation with the
Administrator, determines on the basis of the practicability
review under subsection (b) that--
(1) a ballast water management system that is capable of
achieving the ballast water discharge standard as proposed to
be revised is economically achievable and operationally
practicable; and
(2) testing protocols that can assure accurate measurement
of compliance with the ballast water discharge standard as
proposed to be revised can be practicably implemented.
(d) Revised Ballast Water Discharge Standard Effective Date
and Compliance Deadline.--
(1) In general.--If the Secretary issues a rule to revise
the ballast water discharge standard under subsection (c),
the Secretary shall include in such rule--
(A) an effective date for the revised ballast discharge
standard that is 3 years after the date on which such rule is
published in the Federal Register; and
(B) for the owner or operator of a commercial vessel that
is constructed or completes a major conversion on or after
the date that is 3 years after the date on which the rule is
published in the Federal Register, a deadline to comply with
the revised ballast water discharge standard that is the
first day on which such commercial vessel operates in
navigable waters of the United States.
(2) Extensions.--The Secretary shall establish a process
for an owner or operator to submit a petition to the
Secretary for an extension of a compliance deadline under
paragraph (1)(B).
[[Page S4498]]
(3) Factors.--In reviewing a petition under this
subsection, the Secretary shall consider, with respect to the
ability of an owner or operator to meet a compliance
deadline--
(A) whether the ballast water management system to be
installed, if applicable, is available in sufficient
quantities to meet the compliance deadline;
(B) whether there is sufficient shipyard or other
installation facility capacity;
(C) whether there is sufficient availability of engineering
and design resources;
(D) commercial vessel characteristics, such as engine room
size, layout, or a lack of installed piping;
(E) electric power generating capacity aboard the
commercial vessel;
(F) the safety of the commercial vessel and crew; and
(G) any other factor that the Secretary determines
appropriate.
(4) Consideration of petitions.--
(A) Determinations.--The Secretary shall approve or deny a
petition for an extension of a compliance deadline submitted
by an owner or operator under this subsection.
(B) Deadline.--If the Secretary does not approve or deny a
petition referred to in subparagraph (A) on or before the
last day of the 90-day period beginning on the date of
submission of the petition, the petition shall be deemed
approved.
(5) Period of use of installed ballast water management
system.--
(A) In general.--Subject to subparagraph (B), an owner or
operator shall be considered to be in compliance with the
ballast water discharge standard if--
(i) the ballast water management system installed on the
commercial vessel complies with the ballast water discharge
standard in effect at the time of installation,
notwithstanding any revisions to the ballast water discharge
standard occurring after the installation;
(ii) the owner or operator maintains the ballast water
management system in proper working condition, as determined
by the Secretary; and
(iii) the ballast water management system continues to meet
the ballast water discharge standard applicable to the
commercial vessel at the time of installation, as determined
by the Secretary.
(B) Limitation.--Subparagraph (A) shall cease to apply with
respect to a commercial vessel after--
(i) the expiration of the service life of the ballast water
management system of the commercial vessel, as determined by
the Secretary;
(ii) the expiration of the service life of the commercial
vessel, as determined by the Secretary; or
(iii) the completion of a major conversion of the
commercial vessel.
SEC. 3726. ALTERNATIVE COMPLIANCE PROGRAM.
The Secretary, in consultation with the Administrator, may
issue a rule establishing 1 or more compliance programs that
may be used by an owner or operator as an alternative to
compliance with the requirements of section 3724(a) for a
commercial vessel that--
(1) has a maximum ballast water capacity of less than 8
cubic meters; or
(2) is less than 3 years from the end of the service life
of the commercial vessel, as determined by the Secretary.
SEC. 3727. RECEPTION FACILITIES.
(a) In General.--Notwithstanding the requirements under
section 3724(a), an owner or operator may discharge ballast
water into an onshore or offshore facility for the reception
of ballast water that meets the standards established by the
Administrator, in consultation with the Secretary, under
subsection (b).
(b) Issuance of Standards.--Not later than 1 year after the
date of enactment of this Act, the Administrator, in
consultation with the Secretary, shall publish a rule in the
Federal Register that establishes reasonable and practicable
standards for reception facilities to mitigate adverse
effects of aquatic nuisance species on navigable waters of
the United States.
SEC. 3728. REQUIREMENTS FOR DISCHARGES INCIDENTAL TO THE
NORMAL OPERATION OF A COMMERCIAL VESSEL.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with
the Administrator, shall publish a rule in the Federal
Register that establishes best management practices for
discharges incidental to the normal operation of a commercial
vessel for commercial vessels that are--
(1) greater than or equal to 79 feet in length; and
(2) not fishing vessels, including fish processing vessels
and fish tender vessels (as such terms are defined in section
2101 of title 46, United States Code).
(b) Transition.--
(1) In general.--Notwithstanding the expiration date for
the General Permit, any practice, limitation, or
concentration applicable to any discharge incidental to the
normal operation of a commercial vessel that is required by
the General Permit on the date of enactment of this Act, and
any reporting requirement required by the General Permit on
such date of enactment, shall remain in effect until the
effective date of a rule issued by the Secretary under
subsection (a).
(2) Part 6 conditions.--Notwithstanding paragraph (1) and
any other provision of law, the terms and conditions of Part
6 of the General Permit (relating to specific requirements
for individual States or Indian country lands) shall expire
on the date of enactment of this Act.
(c) Application to Certain Vessels.--
(1) Application of federal water pollution control act.--No
permit shall be required under section 402 of the Federal
Water Pollution Control Act (33 U.S.C. 1342) or prohibition
enforced under any other provision of law for, nor shall any
best management practice regarding a discharge incidental to
the normal operation of a commercial vessel under this
subtitle apply to, a discharge incidental to the normal
operation of a commercial vessel if the commercial vessel
is--
(A) less than 79 feet in length; or
(B) a fishing vessel, including a fish processing vessel
and a fish tender vessel (as such terms are defined in
section 2101 of title 46, United States Code).
(2) Application of general permit.--The terms and
conditions of the General Permit shall cease to apply to
vessels described in subparagraphs (A) and (B) of paragraph
(1) on the date of enactment of this Act.
(d) State Petition for Revision of Best Management
Practices.--
(1) In general.--The Governor of a State may submit a
petition to the Secretary requesting that the Secretary
revise a best management practice established under
subsection (a) if there is significant new information that
could reasonably indicate that--
(A) revising the best management practice would
substantially reduce the adverse effects on navigable waters
of the United States of discharges incidental to the normal
operation of a commercial vessel; and
(B) the revised best management practice would be
economically achievable and operationally practicable.
(2) Required information.--A petition submitted to the
Secretary under paragraph (1) shall include--
(A) the scientific and technical information on which the
petition is based; and
(B) any additional information the Secretary considers
appropriate.
(3) Public availability.--Upon receiving a petition under
paragraph (1), the Secretary shall make publicly available a
copy of the petition, including the information included
under paragraph (2).
(4) Treatment of more than one petition as a single
petition.--The Secretary may treat more than one petition
submitted under paragraph (1) as a single petition.
(5) Revision of best management practices.--If, after
reviewing a petition submitted by a Governor under paragraph
(1), the Secretary, in consultation with the Administrator,
determines that revising a best management practice would
substantially reduce the adverse effects on navigable waters
of the United States of discharges incidental to the normal
operation of a commercial vessel, and the revised best
management practice would be economically achievable and
operationally practicable, the Secretary, in consultation
with the Administrator, may issue a rule to revise the best
management practice established under subsection (a).
SEC. 3729. JUDICIAL REVIEW.
(a) In General.--A person may file a petition for review of
a final rule issued under this subtitle in the United States
Court of Appeals for the District of Columbia Circuit.
(b) Deadline.--
(1) In general.--A petition shall be filed under this
section not later than 120 days after the date on which the
rule to be reviewed is published in the Federal Register.
(2) Exception.--Notwithstanding paragraph (1), a petition
that is based solely on grounds that arise after the deadline
to file a petition under paragraph (1) has passed may be
filed not later than 120 days after the date on which such
grounds first arise.
SEC. 3730. STATE ENFORCEMENT.
The Secretary may enter into an agreement with the Governor
of a State to authorize the State to enforce the provisions
of this subtitle, as the Secretary considers appropriate.
SEC. 3731. EFFECT ON STATE AUTHORITY.
(a) In General.--Except as provided in subsection (b) and
as necessary to implement an agreement entered into under
section 3730, no State or political subdivision thereof may
adopt or enforce any statute, regulation, or other
requirement of the State or political subdivision with
respect to--
(1) a discharge into navigable waters of the United States
from a commercial vessel of ballast water; or
(2) a discharge incidental to the normal operation of a
commercial vessel.
(b) Preservation of Authority.--Nothing in this subtitle
may be construed as affecting the authority of a State or
political subdivision thereof to adopt or enforce any
statute, regulation, or other requirement with respect to any
water or other substance discharged or emitted from a vessel
in preparation for transport of the vessel by land from one
body of water to another body of water.
SEC. 3732. EFFECT ON OTHER LAWS.
(a) Application of Federal Water Pollution Control Act.--
(1) In general.--Except as provided in section 3728(b), on
or after the date of enactment of this Act, the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) shall not
apply to a discharge into navigable waters of the United
States of ballast water from a commercial vessel or a
discharge incidental to the normal operation of a commercial
vessel.
(2) Oil and hazardous substance liability; marine
sanitation devices.--Nothing in
[[Page S4499]]
this subtitle may be construed as affecting the application
to a commercial vessel of section 311 or 312 of the Federal
Water Pollution Control Act (33 U.S.C. 1321 and 1322).
(b) Established Regimes.--Notwithstanding any other
provision of this subtitle, nothing in this subtitle may be
construed as affecting the authority of the Federal
Government under--
(1) the Act to Prevent Pollution from Ships (33 U.S.C. 1901
et seq.) with respect to the regulation by the Federal
Government of any discharge or emission that, on or after the
date of enactment of this Act, is covered under the
International Convention for the Prevention of Pollution from
Ships, 1973, as modified by the Protocol of 1978; and
(2) title X of the Coast Guard Authorization Act of 2010
(33 U.S.C. 3801 et seq.) with respect to the regulation by
the Federal Government of any anti-fouling system that, on or
after the date of enactment of this Act, is covered under the
International Convention on the Control of Harmful Anti-
fouling Systems on Ships, done at London October 5, 2001.
(c) International Law.--
(1) In general.--Any action taken under this subtitle shall
be taken in accordance with international law.
(2) Standards.--Nothing in this subtitle may be construed
to impose any design, equipment, or operation standard on a
commercial vessel not documented under the laws of the United
States and engaged in innocent passage unless the standard
implements a generally accepted international rule, as
determined by the Secretary.
(d) Other Authorities.--Nothing in this subtitle may be
construed as affecting the authority of the Secretary of
Commerce or the Secretary of the Interior, as the case may
be, to administer lands or waters under such Secretary's
administrative control.
(e) Conforming Amendments.--The Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701
et seq.) is amended--
(1) in section 1101(c)(2) (16 U.S.C. 4711(c)(2))--
(A) in subparagraph (K), by striking ``; and'' and
inserting a period; and
(B) by striking subparagraph (L); and
(2) in section 1205 (16 U.S.C. 4725), by adding at the end
the following: ``Ballast water and discharges incidental to
the normal operation of a commercial vessel (as such terms
are defined in the Vessel Incidental Discharge Act) shall be
regulated pursuant to such Act.''.
Subtitle I--National Oceanic and Atmospheric Administration
Commissioned Officer Corps Amendments and Hydrographic Services
Improvement Act Reauthorization and Amendments Act of 2017
SEC. 3801. SHORT TITLE.
This subtitle may be cited as the ``National Oceanic and
Atmospheric Administration Commissioned Officer Corps
Amendments and Hydrographic Services Improvement Act
Reauthorization and Amendments Act of 2017''.
SEC. 3802. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION COMMISSIONED OFFICER CORPS ACT
OF 2002.
Except as otherwise expressly provided, whenever in this
subtitle an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3001 et seq.).
PART I--GENERAL PROVISIONS
SEC. 3811. STRENGTH AND DISTRIBUTION IN GRADE.
Section 214 (33 U.S.C. 3004) is amended to read as follows:
``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.
``(a) Grades.--The commissioned grades in the commissioned
officer corps of the Administration are the following, in
relative rank with officers of the Navy:
``(1) Vice admiral.
``(2) Rear admiral.
``(3) Rear admiral (lower half).
``(4) Captain.
``(5) Commander.
``(6) Lieutenant commander.
``(7) Lieutenant.
``(8) Lieutenant (junior grade).
``(9) Ensign.
``(b) Grade Distribution.--The Secretary shall prescribe,
with respect to the distribution on the lineal list in grade,
the percentages applicable to the grades set forth in
subsection (a).
``(c) Annual Computation of Number in Grade.--
``(1) In general.--Not less frequently than once each year,
the Secretary shall make a computation to determine the
number of officers on the lineal list authorized to be
serving in each grade.
``(2) Method of computation.--The number in each grade
shall be computed by applying the applicable percentage to
the total number of such officers serving on active duty on
the date the computation is made.
``(3) Fractions.--If a final fraction occurs in computing
the authorized number of officers in a grade, the nearest
whole number shall be taken. If the fraction is \1/2\, the
next higher whole number shall be taken.
``(d) Temporary Increase in Numbers.--The total number of
officers authorized by law to be on the lineal list during a
fiscal year may be temporarily exceeded if the average number
on that list during that fiscal year does not exceed the
authorized number.
``(e) Positions of Importance and Responsibility.--Officers
serving in positions designated under section 228(a) and
officers recalled from retired status shall not be counted
when computing authorized strengths under subsection (c) and
shall not count against those strengths.
``(f) Preservation of Grade and Pay.--No officer may be
reduced in grade or pay or separated from the commissioned
officer corps of the Administration as the result of a
computation made to determine the authorized number of
officers in the various grades.''.
SEC. 3812. RECALLED OFFICERS.
Section 215 (33 U.S.C. 3005) is amended--
(1) in the matter before paragraph (1), by striking
``Effective'' and inserting the following:
``(a) In General.--Effective''; and
(2) by adding at the end the following new subsection:
``(b) Positions of Importance and Responsibility.--Officers
serving in positions designated under section 228 and
officers recalled from retired status or detailed to an
agency other than the Administration--
``(1) may not be counted in determining the total number of
authorized officers on the lineal list under this section;
and
``(2) may not count against such number.''.
SEC. 3813. OBLIGATED SERVICE REQUIREMENT.
(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is
amended by adding at the end the following:
``SEC. 216. OBLIGATED SERVICE REQUIREMENT.
``(a) In General.--
``(1) Rulemaking.--The Secretary shall prescribe the
obligated service requirements for appointments, training,
promotions, separations, continuations, and retirement of
officers not otherwise covered by law.
``(2) Written agreements.--The Secretary and officers shall
enter into written agreements that describe the officers'
obligated service requirements prescribed under paragraph (1)
in return for such appointments, training, promotions,
separations, and retirements as the Secretary considers
appropriate.
``(b) Repayment for Failure to Satisfy Requirements.--
``(1) In general.--The Secretary may require an officer who
fails to meet the service requirements prescribed under
subsection (a)(1) to reimburse the Secretary in an amount
that bears the same ratio to the total costs of the training
provided to that officer by the Secretary as the unserved
portion of active duty bears to the total period of active
duty the officer agreed to serve.
``(2) Obligation as debt to united states.--An obligation
to reimburse the Secretary under paragraph (1) shall be
considered for all purposes as a debt owed to the United
States.
``(3) Discharge in bankruptcy.--A discharge in bankruptcy
under title 11 that is entered less than 5 years after the
termination of a written agreement entered into under
subsection (a)(2) does not discharge the individual signing
the agreement from a debt arising under such agreement.
``(c) Waiver or Suspension of Compliance.--The Secretary
may waive the service obligation of an officer who--
``(1) becomes unqualified to serve on active duty in the
commissioned officer corps of the Administration because of a
circumstance not within the control of that officer; or
``(2) is--
``(A) not physically qualified for appointment; and
``(B) determined to be unqualified for service in the
commissioned officer corps of the Administration because of a
physical or medical condition that was not the result of the
officer's own misconduct or grossly negligent conduct.''.
(b) Clerical Amendment.--The table of sections in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by inserting after the item
relating to section 215 the following:
``Sec. 216. Obligated service requirement.''.
SEC. 3814. TRAINING AND PHYSICAL FITNESS.
(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as
amended by section 3813(a), is further amended by adding at
the end the following:
``SEC. 217. TRAINING AND PHYSICAL FITNESS.
``(a) Training.--The Secretary may take such measures as
may be necessary to ensure that officers are prepared to
carry out their duties in the commissioned officer corps of
the Administration and proficient in the skills necessary to
carry out such duties. Such measures may include the
following:
``(1) Carrying out training programs and correspondence
courses, including establishing and operating a basic officer
training program to provide initial indoctrination and
maritime vocational training for officer candidates as well
as refresher training, mid-career training, aviation
training, and such other training as the Secretary considers
necessary for officer development and proficiency.
``(2) Providing officers and officer candidates with books
and school supplies.
``(3) Acquiring such equipment as may be necessary for
training and instructional purposes.
``(b) Physical Fitness.--The Secretary shall ensure that
officers maintain a high
[[Page S4500]]
physical state of readiness by establishing standards of
physical fitness for officers that are substantially
equivalent to those prescribed for officers in the Coast
Guard.''.
(b) Clerical Amendment.--The table of sections in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372), as amended by section 3813(b), is
further amended by inserting after the item relating to
section 216 the following:
``Sec. 217. Training and physical fitness.''.
SEC. 3815. RECRUITING MATERIALS.
(a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as
amended by section 3814(a), is further amended by adding at
the end the following:
``SEC. 218. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS.
``The Secretary may use for public relations purposes of
the Department of Commerce any advertising materials
developed for use for recruitment and retention of personnel
for the commissioned officer corps of the Administration. Any
such use shall be under such conditions and subject to such
restrictions as the Secretary shall prescribe.''.
(b) Clerical Amendment.--The table of sections in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372), as amended by section 3814(b), is
further amended by inserting after the item relating to
section 217 the following:
``Sec. 218. Use of recruiting materials for public relations.''.
SEC. 3816. TECHNICAL CORRECTION.
Section 101(21)(C) of title 38, United States Code, is
amended by inserting ``in the commissioned officer corps''
before ``of the National''.
PART II--PARITY AND RECRUITMENT
SEC. 3821. EDUCATION LOANS.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is
amended by adding at the end the following:
``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.
``(a) Authority To Repay Education Loans.--For the purpose
of maintaining adequate numbers of officers of the
commissioned officer corps of the Administration on active
duty who have skills required by the commissioned officer
corps, the Secretary may repay, in the case of a person
described in subsection (b), a loan that--
``(1) was used by the person to finance education; and
``(2) was obtained from a governmental entity, private
financial institution, educational institution, or other
authorized entity.
``(b) Eligible Persons.--To be eligible to obtain a loan
repayment under this section, a person must--
``(1) satisfy 1 of the requirements specified in subsection
(c);
``(2) be fully qualified for, or hold, an appointment as a
commissioned officer in the commissioned officer corps of the
Administration; and
``(3) sign a written agreement to serve on active duty, or,
if on active duty, to remain on active duty for a period in
addition to any other incurred active duty obligation.
``(c) Academic and Professional Requirements.--One of the
following academic requirements must be satisfied for
purposes of determining the eligibility of an individual for
a loan repayment under this section:
``(1) The person is fully qualified in a profession that
the Secretary has determined to be necessary to meet
identified skill shortages in the commissioned officer corps.
``(2) The person is enrolled as a full-time student in the
final year of a course of study at an accredited educational
institution (as determined by the Secretary of Education)
leading to a degree in a profession that will meet identified
skill shortages in the commissioned officer corps.
``(d) Loan Repayments.--
``(1) In general.--Subject to the limits established under
paragraph (2), a loan repayment under this section may
consist of the payment of the principal, interest, and
related expenses of a loan obtained by a person described in
subsection (b).
``(2) Limitation on amount.--For each year of obligated
service that a person agrees to serve in an agreement
described in subsection (b)(3), the Secretary may pay not
more than the amount specified in section 2173(e)(2) of title
10, United States Code.
``(e) Active Duty Service Obligation.--
``(1) In general.--A person entering into an agreement
described in subsection (b)(3) incurs an active duty service
obligation.
``(2) Length of obligation determined under regulations.--
``(A) In general.--Except as provided in subparagraph (B),
the length of the obligation under paragraph (1) shall be
determined under regulations prescribed by the Secretary.
``(B) Minimum obligation.--The regulations prescribed under
subparagraph (A) may not provide for a period of obligation
of less than 1 year for each maximum annual amount, or
portion thereof, paid on behalf of the person for qualified
loans.
``(3) Persons on active duty before entering into
agreement.--The active duty service obligation of persons on
active duty before entering into the agreement shall be
served after the conclusion of any other obligation incurred
under the agreement.
``(f) Effect of Failure To Complete Obligation.--
``(1) Alternative obligations.--An officer who is relieved
of the officer's active duty obligation under this section
before the completion of that obligation may be given any
alternative obligation, at the discretion of the Secretary.
``(2) Repayment.--An officer who does not complete the
period of active duty specified in the agreement entered into
under subsection (b)(3), or the alternative obligation
imposed under paragraph (1), shall be subject to the
repayment provisions under section 216.
``(g) Rulemaking.--The Secretary shall prescribe
regulations to carry out this section, including--
``(1) standards for qualified loans and authorized payees;
and
``(2) other terms and conditions for the making of loan
repayments.''.
(b) Clerical Amendment.--The table of sections in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by inserting after the item
relating to section 266 the following:
``Sec. 267. Education loan repayment program.''.
SEC. 3822. INTEREST PAYMENTS.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as
amended by section 3821(a), is further amended by adding at
the end the following:
``SEC. 268. INTEREST PAYMENT PROGRAM.
``(a) Authority.--The Secretary may pay the interest and
any special allowances that accrue on 1 or more student loans
of an eligible officer, in accordance with this section.
``(b) Eligible Officers.--An officer is eligible for the
benefit described in subsection (a) while the officer--
``(1) is serving on active duty;
``(2) has not completed more than 3 years of service on
active duty;
``(3) is the debtor on 1 or more unpaid loans described in
subsection (c); and
``(4) is not in default on any such loan.
``(c) Student Loans.--The authority to make payments under
subsection (a) may be exercised with respect to the following
loans:
``(1) A loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq.).
``(2) A loan made under part D of such title (20 U.S.C.
1087a et seq.).
``(3) A loan made under part E of such title (20 U.S.C.
1087aa et seq.).
``(d) Maximum Benefit.--Interest and any special allowance
may be paid on behalf of an officer under this section for
any of the 36 consecutive months during which the officer is
eligible under subsection (b).
``(e) Funds for Payments.--The Secretary may use amounts
appropriated for the pay and allowances of personnel of the
commissioned officer corps of the Administration for payments
under this section.
``(f) Coordination With Secretary of Education.--
``(1) In general.--The Secretary shall consult with the
Secretary of Education regarding the administration of this
section.
``(2) Transfer of funds.--The Secretary shall transfer to
the Secretary of Education the funds necessary--
``(A) to pay interest and special allowances on student
loans under this section (in accordance with sections 428(o),
455(l), and 464(j) of the Higher Education Act of 1965 (20
U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and
``(B) to reimburse the Secretary of Education for any
reasonable administrative costs incurred by the Secretary in
coordinating the program under this section with the
administration of the student loan programs under parts B, D,
and E of title IV of the Higher Education Act of 1965 (20
U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.).
``(g) Special Allowance Defined.--In this section, the term
`special allowance' means a special allowance that is payable
under section 438 of the Higher Education Act of 1965 (20
U.S.C. 1087-1).''.
(b) Conforming Amendments.--
(1) Section 428(o) of the Higher Education Act of 1965 (20
U.S.C. 1078(o)) is amended--
(A) by striking the subsection heading and inserting
``Armed Forces and NOAA Commissioned Officer Corps Student
Loan Interest Payment Programs''; and
(B) in paragraph (1)--
(i) by inserting ``or section 268 of the National Oceanic
and Atmospheric Administration Commissioned Officer Corps Act
of 2002'' after ``Code,''; and
(ii) by inserting ``or an officer in the commissioned
officer corps of the National Oceanic and Atmospheric
Administration, respectively,'' after ``Armed Forces''.
(2) Sections 455(l) and 464(j) of the Higher Education Act
of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--
(A) by striking the subsection heading and inserting
``Armed Forces and NOAA Commissioned Officer Corps Student
Loan Interest Payment Programs''; and
(B) in paragraph (1)--
(i) by inserting ``or section 268 of the National Oceanic
and Atmospheric Administration Commissioned Officer Corps Act
of 2002'' after ``Code,''; and
(ii) by inserting ``or an officer in the commissioned
officer corps of the National Oceanic and Atmospheric
Administration, respectively'' after ``Armed Forces''.
(c) Clerical Amendment.--The table of sections in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372), as amended by
[[Page S4501]]
section 3821(b), is further amended by inserting after the
item relating to section 267 the following:
``Sec. 268. Interest payment program.''.
SEC. 3823. STUDENT PRE-COMMISSIONING PROGRAM.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as
amended by section 3822(a), is further amended by adding at
the end the following:
``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE
PROGRAM.
``(a) Authority To Provide Financial Assistance.--For the
purpose of maintaining adequate numbers of officers of the
commissioned officer corps of the Administration on active
duty, the Secretary may provide financial assistance to a
person described in subsection (b) for expenses of the person
while the person is pursuing on a full-time basis at an
accredited educational institution (as determined by the
Secretary of Education) a program of education approved by
the Secretary that leads to--
``(1) a baccalaureate degree in not more than 5 academic
years; or
``(2) a postbaccalaureate degree.
``(b) Eligible Persons.--
``(1) In general.--A person is eligible to obtain financial
assistance under subsection (a) if the person--
``(A) is enrolled on a full-time basis in a program of
education referred to in subsection (a) at any educational
institution described in such subsection;
``(B) meets all of the requirements for acceptance into the
commissioned officer corps of the Administration except for
the completion of a baccalaureate degree; and
``(C) enters into a written agreement with the Secretary
described in paragraph (2).
``(2) Agreement.--A written agreement referred to in
paragraph (1)(C) is an agreement between the person and the
Secretary in which the person--
``(A) agrees to accept an appointment as an officer, if
tendered; and
``(B) upon completion of the person's educational program,
agrees to serve on active duty, immediately after
appointment, for--
``(i) up to 3 years if the person received less than 3
years of assistance; and
``(ii) up to 5 years if the person received at least 3
years of assistance.
``(c) Qualifying Expenses.--Expenses for which financial
assistance may be provided under subsection (a) are the
following:
``(1) Tuition and fees charged by the educational
institution involved.
``(2) The cost of books.
``(3) In the case of a program of education leading to a
baccalaureate degree, laboratory expenses.
``(4) Such other expenses as the Secretary considers
appropriate.
``(d) Limitation on Amount.--The Secretary shall prescribe
the amount of financial assistance provided to a person under
subsection (a), which may not exceed the amount specified in
section 2173(e)(2) of title 10, United States Code, for each
year of obligated service that a person agrees to serve in an
agreement described in subsection (b)(2).
``(e) Duration of Assistance.--Financial assistance may be
provided to a person under subsection (a) for not more than 5
consecutive academic years.
``(f) Subsistence Allowance.--
``(1) In general.--A person who receives financial
assistance under subsection (a) shall be entitled to a
monthly subsistence allowance at a rate prescribed under
paragraph (2) for the duration of the period for which the
person receives such financial assistance.
``(2) Determination of amount.--The Secretary shall
prescribe monthly rates for subsistence allowance provided
under paragraph (1), which shall be equal to the amount
specified in section 2144(a) of title 10, United States Code.
``(g) Initial Clothing Allowance.--
``(1) Training.--The Secretary may prescribe a sum which
shall be credited to each person who receives financial
assistance under subsection (a) to cover the cost of the
person's initial clothing and equipment issue.
``(2) Appointment.--Upon completion of the program of
education for which a person receives financial assistance
under subsection (a) and acceptance of appointment in the
commissioned officer corps of the Administration, the person
may be issued a subsequent clothing allowance equivalent to
that normally provided to a newly appointed officer.
``(h) Termination of Financial Assistance.--
``(1) In general.--The Secretary shall terminate the
assistance provided to a person under this section if--
``(A) the Secretary accepts a request by the person to be
released from an agreement described in subsection (b)(2);
``(B) the misconduct of the person results in a failure to
complete the period of active duty required under the
agreement; or
``(C) the person fails to fulfill any term or condition of
the agreement.
``(2) Reimbursement.--The Secretary may require a person
who receives assistance described in subsection (c), (f), or
(g) under an agreement entered into under subsection
(b)(1)(C) to reimburse the Secretary in an amount that bears
the same ratio to the total costs of the assistance provided
to that person as the unserved portion of active duty bears
to the total period of active duty the officer agreed to
serve under the agreement.
``(3) Waiver.--The Secretary may waive the service
obligation of a person through an agreement entered into
under subsection (b)(1)(C) if the person--
``(A) becomes unqualified to serve on active duty in the
commissioned officer corps of the Administration because of a
circumstance not within the control of that person; or
``(B) is--
``(i) not physically qualified for appointment; and
``(ii) determined to be unqualified for service in the
commissioned officer corps of the Administration because of a
physical or medical condition that was not the result of the
person's own misconduct or grossly negligent conduct.
``(4) Obligation as debt to united states.--An obligation
to reimburse the Secretary imposed under paragraph (2) is,
for all purposes, a debt owed to the United States.
``(5) Discharge in bankruptcy.--A discharge in bankruptcy
under title 11, United States Code, that is entered less than
5 years after the termination of a written agreement entered
into under subsection (b)(1)(C) does not discharge the person
signing the agreement from a debt arising under such
agreement or under paragraph (2).
``(i) Regulations.--The Secretary may promulgate such
regulations and orders as the Secretary considers appropriate
to carry out this section.''.
(b) Clerical Amendment.--The table of sections in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372), as amended by section 3822(c), is
further amended by inserting after the item relating to
section 268 the following:
``Sec. 269. Student pre-commissioning education assistance program.''.
SEC. 3824. LIMITATION ON EDUCATIONAL ASSISTANCE.
(a) In General.--Each fiscal year, beginning with the
fiscal year in which this Act is enacted, the Secretary of
Commerce shall ensure that the total amount expended by the
Secretary under section 267 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of
2002 (as added by section 3821(a)), section 268 of such Act
(as added by section 3822(a)), and section 269 of such Act
(as added by section 3823(a)) does not exceed the amount by
which--
(1) the total amount the Secretary would pay in that fiscal
year to officer candidates under section 203(f)(1) of title
37, United States Code (as added by section 3846(d)), if such
section entitled officer candidates to pay at monthly rates
equal to the basic pay of a commissioned officer in the pay
grade O-1 with less than 2 years of service; exceeds
(2) the total amount the Secretary actually pays in that
fiscal year to officer candidates under section 203(f)(1) of
such title (as so added).
(b) Officer Candidate Defined.--In this section, the term
``officer candidate'' has the meaning given the term in
section 212 of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3002), as added by section 3846(c).
SEC. 3825. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10,
UNITED STATES CODE, AND EXTENSION OF CERTAIN
AUTHORITIES APPLICABLE TO MEMBERS OF THE ARMED
FORCES TO COMMISSIONED OFFICER CORPS.
(a) Applicability of Certain Provisions of Title 10.--
Section 261(a) (33 U.S.C. 3071(a)) is amended--
(1) by redesignating paragraphs (13) through (16) as
paragraphs (22) through (25), respectively;
(2) by redesignating paragraphs (7) through (12) as
paragraphs (14) through (19), respectively;
(3) by redesignating paragraphs (4) through (6) as
paragraphs (8) through (10), respectively;
(4) by inserting after paragraph (3) the following:
``(4) Section 771, relating to unauthorized wearing of
uniforms.
``(5) Section 774, relating to wearing religious apparel
while in uniform.
``(6) Section 982, relating to service on State and local
juries.
``(7) Section 1031, relating to administration of oaths.'';
(5) by inserting after paragraph (10), as redesignated, the
following:
``(11) Section 1074n, relating to annual mental health
assessments.
``(12) Section 1090a, relating to referrals for mental
health evaluations.
``(13) Chapter 58, relating to the Benefits and Services
for members being separated or recently separated.''; and
(6) by inserting after paragraph (19), as redesignated, the
following:
``(20) Subchapter I of chapter 88, relating to Military
Family Programs.
``(21) Section 2005, relating to advanced education
assistance, active duty agreements, and reimbursement
requirements.''.
(b) Extension of Certain Authorities.--
(1) Notarial services.--Section 1044a of title 10, United
States Code, is amended--
(A) in subsection (a)(1), by striking ``armed forces'' and
inserting ``uniformed services''; and
(B) in subsection (b)(4), by striking ``armed forces'' both
places it appears and inserting ``uniformed services''.
(2) Acceptance of voluntary services for programs serving
members and their
[[Page S4502]]
families.--Section 1588 of such title is amended--
(A) in subsection (a)(3), in the matter before subparagraph
(A), by striking ``armed forces'' and inserting ``uniformed
services''; and
(B) by adding at the end the following new subsection:
``(g) Secretary Concerned for Acceptance of Services for
Programs Serving Members of NOAA Corps and Their Families.--
For purposes of the acceptance of services described in
subsection (a)(3), the term `Secretary concerned' in
subsection (a) shall include the Secretary of Commerce with
respect to members of the commissioned officer corps of the
National Oceanic and Atmospheric Administration.''.
(3) Capstone course for newly selected flag officers.--
Section 2153 of such title is amended--
(A) in subsection (a)--
(i) by inserting ``or the commissioned officer corps of the
National Oceanic and Atmospheric Administration'' after ``in
the case of the Navy''; and
(ii) by striking ``other armed forces'' and inserting
``other uniformed services''; and
(B) in subsection (b)(1), in the matter before subparagraph
(A), by inserting ``or the Secretary of Commerce, as
applicable,'' after ``the Secretary of Defense''.
SEC. 3826. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37,
UNITED STATES CODE.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is
amended by inserting after section 261 the following:
``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37,
UNITED STATES CODE.
``(a) Provisions Made Applicable to Commissioned Officer
Corps.--The provisions of law applicable to the Armed Forces
under the following provisions of title 37, United States
Code, shall apply to the commissioned officer corps of the
Administration:
``(1) Section 324, relating to accession bonuses for new
officers in critical skills.
``(2) Section 403(f)(3), relating to prescribing
regulations defining the terms `field duty' and `sea duty'.
``(3) Section 403(l), relating to temporary continuation of
housing allowance for dependents of members dying on active
duty.
``(4) Section 488, relating to allowances for recruiting
expenses.
``(5) Section 495, relating to allowances for funeral
honors duty.
``(b) References.--The authority vested by title 37, United
States Code, in the `military departments', `the Secretary
concerned', or `the Secretary of Defense' with respect to the
provisions of law referred to in subsection (a) shall be
exercised, with respect to the commissioned officer corps of
the Administration, by the Secretary of Commerce or the
Secretary's designee.''.
(b) Personal Money Allowance.--Section 414 of title 37,
United States Code, is amended by inserting ``or the director
of the commissioned officer corps of the National Oceanic and
Atmospheric Administration'' after ``Health Service''.
(c) Clerical Amendment.--The table of sections in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by inserting after the item
relating to section 261 the following:
``Sec. 261A. Applicability of certain provisions of title 37, United
States Code.''.
SEC. 3827. LEGION OF MERIT AWARD.
Section 1121 of title 10, United States Code, is amended by
striking ``armed forces'' and inserting ``uniformed
services''.
SEC. 3828. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.
(a) In General.--Subsection (a) of section 261 (33 U.S.C.
3071), as amended by section 3825(a), is further amended--
(1) by redesignating paragraphs (8) through (25) as
paragraphs (9) through (26), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) Section 1034, relating to protected communications
and prohibition of retaliatory personnel actions.''.
(b) Conforming Amendment.--Subsection (b) of such section
is amended by adding at the end the following: ``For purposes
of paragraph (8) of subsection (a), the term `Inspector
General' in section 1034 of such title 10 shall mean the
Inspector General of the Department of Commerce.''.
(c) Regulations.--Such section is further amended by adding
at the end the following:
``(c) Regulations Regarding Protected Communications and
Prohibition of Retaliatory Personnel Actions.--The Secretary
may promulgate regulations to carry out the application of
section 1034 of title 10, United States Code, to the
commissioned officer corps of the Administration, including
by promulgating such administrative procedures for
investigation and appeal within the commissioned officer
corps as the Secretary considers appropriate.''.
SEC. 3829. PENALTIES FOR WEARING UNIFORM WITHOUT AUTHORITY.
Section 702 of title 18, United States Code, is amended by
striking ``Service or any'' and inserting ``Service, the
commissioned officer corps of the National Oceanic and
Atmospheric Administration, or any''.
SEC. 3830. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE
SERVICE LAW.
Section 3304(f) of title 5, United States Code, is
amended--
(1) in paragraph (1), by inserting ``and members of the
commissioned officer corps of the National Oceanic and
Atmospheric Administration (or its predecessor organization
the Coast and Geodetic Survey) separated from such uniformed
service'' after ``separated from the armed forces'';
(2) in paragraph (2), by striking ``or veteran'' and
inserting ``, veteran, or member''; and
(3) in paragraph (4), by inserting ``and members of the
commissioned officer corps of the National Oceanic and
Atmospheric Administration (or its predecessor organization
the Coast and Geodetic Survey) separated from such uniformed
service'' after ``separated from the armed forces''.
SEC. 3831. EMPLOYMENT AND REEMPLOYMENT RIGHTS.
Section 4303(16) of title 38, United States Code, is
amended by inserting ``the commissioned officer corps of the
National Oceanic and Atmospheric Administration,'' after
``Public Health Service,''.
SEC. 3832. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER
CORPS FOR PURPOSES OF CERTAIN HIRING DECISIONS.
(a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as
amended by this subtitle, is further amended by adding at the
end the following:
``SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER
CORPS AS EMPLOYMENT IN ADMINISTRATION FOR
PURPOSES OF CERTAIN HIRING DECISIONS.
``(a) In General.--In any case in which the Secretary
accepts an application for a position of employment with the
Administration and limits consideration of applications for
such position to applications submitted by individuals
serving in a career or career-conditional position in the
competitive service within the Administration, the Secretary
shall deem an officer who has served as an officer in the
commissioned officer corps for at least 3 years to be serving
in a career or career-conditional position in the competitive
service within the Administration for purposes of such
limitation.
``(b) Career Appointments.--If the Secretary selects an
application submitted by an officer described in subsection
(a) for a position described in such subsection, the
Secretary shall give such officer a career or career-
conditional appointment in the competitive service, as
appropriate.
``(c) Competitive Service Defined.--In this section, the
term `competitive service' has the meaning given the term in
section 2102 of title 5, United States Code.''.
(b) Clerical Amendment.--The table of sections in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by inserting after the item
relating to section 269, as added by section 3823, the
following new item:
``Sec. 269A. Treatment of commission in commissioned officer corps as
employment in Administration for purposes of certain
hiring decisions.''.
SEC. 3833. DIRECT HIRE AUTHORITY.
(a) In General.--The head of a Federal agency may appoint,
without regard to the provisions of subchapter I of chapter
33 of title 5, United States Code, other than sections 3303
and 3328 of such title, a qualified candidate described in
subsection (b) directly to a position in the agency for which
the candidate meets qualification standards of the Office of
Personnel Management.
(b) Candidates Described.--A candidate described in this
subsection is a current or former member of the commissioned
officer corps of the National Oceanic and Atmospheric
Administration who--
(1) fulfilled his or her obligated service requirement
under section 216 of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002, as
added by section 3813;
(2) if no longer a member of the commissioned officer corps
of the Administration, was not discharged or released
therefrom as part of a disciplinary action; and
(3) has been separated or released from service in the
commissioned officer corps of the Administration for a period
of not more than 5 years.
(c) Effective Date.--This section shall apply with respect
to appointments made in fiscal year 2017 and in each fiscal
year thereafter.
PART III--APPOINTMENTS AND PROMOTION OF OFFICERS
SEC. 3841. APPOINTMENTS.
(a) Original Appointments.--Section 221 (33 U.S.C. 3021) is
amended to read as follows:
``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.
``(a) Original Appointments.--
``(1) Grades.--
``(A) In general.--Except as provided in subparagraph (B),
an original appointment of an officer may be made in such
grades as may be appropriate for--
``(i) the qualification, experience, and length of service
of the appointee; and
``(ii) the commissioned officer corps of the
Administration.
``(B) Appointment of officer candidates.--
``(i) Limitation on grade.--An original appointment of an
officer candidate, upon graduation from the basic officer
training program of the commissioned officer corps of
[[Page S4503]]
the Administration, may not be made in any other grade than
ensign.
``(ii) Rank.--Officer candidates receiving appointments as
ensigns upon graduation from basic officer training program
shall take rank according to their proficiency as shown by
the order of their merit at date of graduation.
``(2) Source of appointments.--An original appointment may
be made from among the following:
``(A) Graduates of the basic officer training program of
the commissioned officer corps of the Administration.
``(B) Graduates of the military service academies of the
United States who otherwise meet the academic standards for
enrollment in the training program described in subparagraph
(A).
``(C) Graduates of the maritime academies of the States
who--
``(i) otherwise meet the academic standards for enrollment
in the training program described in subparagraph (A);
``(ii) completed at least 3 years of regimented training
while at a maritime academy of a State; and
``(iii) obtained an unlimited tonnage or unlimited
horsepower Merchant Mariner Credential from the United States
Coast Guard.
``(D) Licensed officers of the United States merchant
marine who have served 2 or more years aboard a vessel of the
United States in the capacity of a licensed officer, who
otherwise meet the academic standards for enrollment in the
training program described in subparagraph (A).
``(3) Definitions.--In this subsection:
``(A) Maritime academies of the states.--The term `maritime
academies of the States' means the following:
``(i) California Maritime Academy, Vallejo, California.
``(ii) Great Lakes Maritime Academy, Traverse City,
Michigan.
``(iii) Maine Maritime Academy, Castine, Maine.
``(iv) Massachusetts Maritime Academy, Buzzards Bay,
Massachusetts.
``(v) State University of New York Maritime College, Fort
Schuyler, New York.
``(vi) Texas A&M Maritime Academy, Galveston, Texas.
``(B) Military service academies of the united states.--The
term `military service academies of the United States' means
the following:
``(i) The United States Military Academy, West Point, New
York.
``(ii) The United States Naval Academy, Annapolis,
Maryland.
``(iii) The United States Air Force Academy, Colorado
Springs, Colorado.
``(iv) The United States Coast Guard Academy, New London,
Connecticut.
``(v) The United States Merchant Marine Academy, Kings
Point, New York.
``(b) Reappointment.--
``(1) In general.--Except as provided in paragraph (2), an
individual who previously served in the commissioned officer
corps of the Administration may be appointed by the Secretary
to the grade the individual held prior to separation.
``(2) Reappointments to higher grades.--An appointment
under paragraph (1) to a position of importance and
responsibility designated under section 228 may only be made
by the President.
``(c) Qualifications.--An appointment under subsection (a)
or (b) may not be given to an individual until the
individual's mental, moral, physical, and professional
fitness to perform the duties of an officer has been
established under such regulations as the Secretary shall
prescribe.
``(d) Precedence of Appointees.--Appointees under this
section shall take precedence in the grade to which appointed
in accordance with the dates of their commissions as
commissioned officers in such grade. Appointees whose dates
of commission are the same shall take precedence with each
other as the Secretary shall determine.
``(e) Inter-Service Transfers.--For inter-service transfers
(as described in the Department of Defense Directive 1300.4
(dated December 27, 2006)) the Secretary shall--
``(1) coordinate with the Secretary of Defense and the
Secretary of the Department in which the Coast Guard is
operating to promote and streamline inter-service transfers;
``(2) give preference to such inter-service transfers for
recruitment purposes as determined appropriate by the
Secretary; and
``(3) reappoint such inter-service transfers to the
equivalent grade in the commissioned officer corps.''.
(b) Clerical Amendment.--The table of sections in section 1
of the Act entitled ``An Act to authorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by striking the item relating
to section 221 and inserting the following:
``Sec. 221. Original appointments and reappointments.''.
SEC. 3842. PERSONNEL BOARDS.
Section 222 (33 U.S.C. 3022) is amended to read as follows:
``SEC. 222. PERSONNEL BOARDS.
``(a) Convening.--Not less frequently than once each year
and at such other times as the Secretary determines
necessary, the Secretary shall convene a personnel board.
``(b) Membership.--
``(1) In general.--A board convened under subsection (a)
shall consist of 5 or more officers who are serving in or
above the permanent grade of the officers under consideration
by the board.
``(2) Retired officers.--Officers on the retired list may
be recalled to serve on such personnel boards as the
Secretary considers necessary.
``(3) No membership on 2 successive boards.--No officer may
be a member of 2 successive personnel boards convened to
consider officers of the same grade for promotion or
separation.
``(c) Duties.--Each personnel board shall--
``(1) recommend to the Secretary such changes as may be
necessary to correct any erroneous position on the lineal
list that was caused by administrative error; and
``(2) make selections and recommendations to the Secretary
and the President for the appointment, promotion, involuntary
separation, continuation, and involuntary retirement of
officers in the commissioned officer corps of the
Administration as prescribed in this title.
``(d) Action on Recommendations Not Acceptable.--If any
recommendation by a board convened under subsection (a) is
not accepted by the Secretary or the President, the board
shall make such further recommendations as the Secretary or
the President considers appropriate.''.
SEC. 3843. DELEGATION OF AUTHORITY.
Section 226 (33 U.S.C. 3026) is amended--
(1) by striking ``Appointments'' and inserting the
following:
``(a) In General.--Appointments''; and
(2) by adding at the end the following:
``(b) Delegation of Appointment Authority.--If the
President delegates authority to the Secretary to make
appointments under this section, the President shall, during
a period in which the position of the Secretary is vacant,
delegate such authority to the Deputy Secretary of Commerce
or the Under Secretary for Oceans and Atmosphere during such
period.''.
SEC. 3844. ASSISTANT ADMINISTRATOR OF THE OFFICE OF MARINE
AND AVIATION OPERATIONS.
Section 228(c) (33 U.S.C. 3028(c)) is amended--
(1) in the fourth sentence, by striking ``Director'' and
inserting ``Assistant Administrator''; and
(2) in the heading, by inserting ``Assistant Administrator
of the'' before ``Office''.
SEC. 3845. TEMPORARY APPOINTMENTS.
(a) In General.--Section 229 (33 U.S.C. 3029) is amended to
read as follows:
``SEC. 229. TEMPORARY APPOINTMENTS.
``(a) Appointments by President.--Temporary appointments in
the grade of ensign, lieutenant junior grade, or lieutenant
may be made by the President.
``(b) Termination.--A temporary appointment to a position
under subsection (a) shall terminate upon approval of a
permanent appointment for such position made by the
President.
``(c) Order of Precedence.--Appointees under subsection (a)
shall take precedence in the grade to which appointed in
accordance with the dates of their appointments as officers
in such grade. The order of precedence of appointees who are
appointed on the same date shall be determined by the
Secretary.
``(d) Any One Grade.--When determined by the Secretary to
be in the best interest of the commissioned officer corps,
officers in any permanent grade may be temporarily promoted
one grade by the President. Any such temporary promotion
terminates upon the transfer of the officer to a new
assignment.
``(e) Delegation of Appointment Authority.--If the
President delegates authority to the Secretary to make
appointments under this section, the President shall, during
a period in which the position of the Secretary is vacant,
delegate such authority to the Deputy Secretary of Commerce
or the Under Secretary for Oceans and Atmosphere during such
period.''.
(b) Clerical Amendment.--The table of sections in section 1
of the Act entitled ``An Act to reauthorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by striking the item relating
to section 229 and inserting the following:
``Sec. 229. Temporary appointments.''.
SEC. 3846. OFFICER CANDIDATES.
(a) In General.--Subtitle B (33 U.S.C. 3021 et seq.) is
amended by adding at the end the following:
``SEC. 234. OFFICER CANDIDATES.
``(a) Determination of Number.--The Secretary shall
determine the number of appointments of officer candidates.
``(b) Appointment.--Appointment of officer candidates shall
be made under regulations which the Secretary shall
prescribe, including regulations with respect to determining
age limits, methods of selection of officer candidates, term
of service as an officer candidate before graduation from the
program, and all other matters affecting such appointment.
``(c) Dismissal.--The Secretary may dismiss from the basic
officer training program of the Administration any officer
candidate who, during the officer candidate's term as an
officer candidate, the Secretary considers unsatisfactory in
either academics or conduct, or not adapted for a career in
the commissioned officer corps of the Administration. Officer
candidates shall be subject to rules governing discipline
prescribed by the Director of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps.
``(d) Agreement.--
``(1) In general.--Each officer candidate shall sign an
agreement with the Secretary
[[Page S4504]]
in accordance with section 216(a)(2) regarding the officer
candidate's term of service in the commissioned officer corps
of the Administration.
``(2) Elements.--An agreement signed by an officer
candidate under paragraph (1) shall provide that the officer
candidate agrees to the following:
``(A) That the officer candidate will complete the course
of instruction at the basic officer training program of the
Administration.
``(B) That upon graduation from the such program, the
officer candidate--
``(i) will accept an appointment, if tendered, as an
officer; and
``(ii) will serve on active duty for at least 4 years
immediately after such appointment.
``(e) Regulations.--The Secretary shall prescribe
regulations to carry out this section. Such regulations shall
include--
``(1) standards for determining what constitutes a breach
of an agreement signed under such subsection (d)(1); and
``(2) procedures for determining whether such a breach has
occurred.
``(f) Repayment.--An officer candidate or former officer
candidate who does not fulfill the terms of the obligation to
serve as specified under section (d) shall be subject to the
repayment provisions of section 216(b).''.
(b) Clerical Amendment.--The table of sections in section 1
of the Act entitled ``An Act to reauthorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by inserting after the item
relating to section 233 the following:
``Sec. 234. Officer candidates.''.
(c) Officer Candidate Defined.--Section 212(b) (33 U.S.C.
3002(b)) is amended--
(1) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Officer candidate.--The term `officer candidate'
means an individual who is enrolled in the basic officer
training program of the Administration and is under
consideration for appointment as an officer under section
221(a)(2)(A).''.
(d) Pay for Officer Candidates.--Section 203 of title 37,
United States Code, is amended by adding at the end the
following:
``(f)(1) An officer candidate enrolled in the basic officer
training program of the commissioned officer corps of the
National Oceanic and Atmospheric Administration is entitled,
while participating in such program, to monthly officer
candidate pay at monthly rate equal to the basic pay of an
enlisted member in the pay grade E-5 with less than 2 years
service.
``(2) An individual who graduates from such program shall
receive credit for the time spent participating in such
program as if such time were time served while on active duty
as a commissioned officer. If the individual does not
graduate from such program, such time shall not be considered
creditable for active duty or pay.''.
SEC. 3847. PROCUREMENT OF PERSONNEL.
(a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as
amended by section 3846(a), is further amended by adding at
the end the following:
``SEC. 235. PROCUREMENT OF PERSONNEL.
``The Secretary may make such expenditures as the Secretary
considers necessary in order to obtain recruits for the
commissioned officer corps of the Administration, including
advertising.''.
(b) Clerical Amendment.--The table of sections in section 1
of the Act entitled ``An Act to reauthorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372), as amended by section 3846(b), is
further amended by inserting after the item relating to
section 234 the following:
``235. Procurement of personnel.''.
PART IV--SEPARATION AND RETIREMENT OF OFFICERS
SEC. 3851. INVOLUNTARY RETIREMENT OR SEPARATION.
Section 241 (33 U.S.C. 3041) is amended by adding at the
end the following:
``(d) Deferment of Retirement or Separation for Medical
Reasons.--
``(1) In general.--If the Secretary determines that the
evaluation of the medical condition of an officer requires
hospitalization or medical observation that cannot be
completed with confidence in a manner consistent with the
officer's well being before the date on which the officer
would otherwise be required to retire or be separated under
this section, the Secretary may defer the retirement or
separation of the officer.
``(2) Consent required.--A deferment may only be made with
the written consent of the officer involved. If the officer
does not provide written consent to the deferment, the
officer shall be retired or separated as scheduled.
``(3) Limitation.--A deferral of retirement or separation
under this subsection may not extend for more than 30 days
after completion of the evaluation requiring hospitalization
or medical observation.''.
SEC. 3852. SEPARATION PAY.
Section 242 (33 U.S.C. 3042) is amended by adding at the
end the following:
``(d) Exception.--An officer discharged for twice failing
selection for promotion to the next higher grade is not
entitled to separation pay under this section if the
officer--
``(1) expresses a desire not to be selected for promotion;
or
``(2) requests removal from the list of selectees.''.
PART V--HYDROGRAPHIC SERVICES AND OTHER MATTERS
SEC. 3861. REAUTHORIZATION OF HYDROGRAPHIC SERVICES
IMPROVEMENT ACT OF 1998.
(a) Reauthorizations.--Section 306 of the Hydrographic
Services Improvement Act of 1998 (33 U.S.C. 892d) is
amended--
(1) in the matter before paragraph (1), by striking ``There
are'' and inserting the following:
``(a) In General.--There are'';
(2) in subsection (a) (as designated by paragraph (1))--
(A) in paragraph (1), by striking ``surveys--'' and all
that follows through the end of the paragraph and inserting
``surveys, $70,814,000 for each of fiscal years 2017 through
2021.'';
(B) in paragraph (2), by striking ``vessels--'' and all
that follows through the end of the paragraph and inserting
``vessels, $25,000,000 for each of fiscal years 2017 through
2021.'';
(C) in paragraph (3), by striking ``Administration--'' and
all that follows through the end of the paragraph and
inserting ``Administration, $29,932,000 for each of fiscal
years 2017 through 2021.'';
(D) in paragraph (4), by striking ``title--'' and all that
follows through the end of the paragraph and inserting
``title, $26,800,000 for each of fiscal years 2017 through
2021.''; and
(E) in paragraph (5), by striking ``title--'' and all that
follows through the end of the paragraph and inserting
``title, $30,564,000 for each of fiscal years 2017 through
2021.''; and
(3) by adding at the end the following:
``(b) Arctic Programs.--Of the amount authorized by this
section for each fiscal year--
``(1) $10,000,000 is authorized for use--
``(A) to acquire hydrographic data;
``(B) to provide hydrographic services;
``(C) to conduct coastal change analyses necessary to
ensure safe navigation;
``(D) to improve the management of coastal change in the
Arctic; and
``(E) to reduce risks of harm to Alaska Native subsistence
and coastal communities associated with increased
international maritime traffic; and
``(2) $2,000,000 is authorized for use to acquire
hydrographic data and provide hydrographic services in the
Arctic necessary to delineate the United States extended
Continental Shelf.''.
(b) Limitation on Administrative Expenses for Surveys.--
Section 306 of such Act (33 U.S.C. 892d) is further amended
by adding at the end the following:
``(c) Limitation on Administrative Expenses for Surveys.--
Of amounts authorized by this section for each fiscal year
for contract hydrographic surveys, not more than 5 percent is
authorized for administrative costs associated with contract
management.''.
SEC. 3862. SYSTEM FOR TRACKING AND REPORTING ALL-INCLUSIVE
COST OF HYDROGRAPHIC SURVEYS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Commerce shall--
(1) develop and implement a system to track and report the
full cost to the Department of Commerce of hydrographic data
collection, including costs relating to vessel acquisition,
vessel repair, and administration of contracts to procure
data;
(2) evaluate additional measures for comparing cost per
unit effort beyond square nautical miles; and
(3) submit to Congress a report on which additional
measures for comparing cost per unit effort the Secretary
intends to use and the rationale for such use.
(b) Development of Strategy for Increased Contracting With
Nongovernmental Entities for Hydrographic Data Collection.--
Not later than 180 days after the date on which the Secretary
completes the activities required by subsection (a), the
Secretary shall develop a strategy for how the National
Oceanic and Atmospheric Administration will increase
contracting with nongovernmental entities for hydrographic
data collection in a manner that is consistent with the
requirements of the Ocean and Coastal Mapping Integration Act
(Public Law 111-11; 33 U.S.C. 3501 et seq.).
SEC. 3863. HOMEPORT OF CERTAIN RESEARCH VESSELS.
(a) Acceptance of Funds Authorized.--The Secretary of
Commerce may accept non-Federal funds for the purpose of
obtaining such cost estimates, designs, permits, and
construction as may be necessary for construction of a new
port facility--
(1) to facilitate the homeporting of the R/V FAIRWEATHER in
accordance with title II of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 775);
and
(2) that is under the administrative jurisdiction of the
Under Secretary for Oceans and Atmosphere.
(b) Strategic Plan Required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
develop and submit to Congress a strategic plan for the
construction described in subsection (a).
(c) Acceptance of Funds Authorized.--The Secretary of
Commerce may accept non-Federal funds for the purpose of
obtaining such cost estimates, designs, permits, and
construction as may be necessary for construction of a new
port facility--
(1) to facilitate the homeporting of a new, existing, or
reactivated research vessel in the city of St. Petersburg,
Florida; and
[[Page S4505]]
(2) that is under the administrative jurisdiction of the
Under Secretary for Oceans and Atmosphere.
(d) Strategic Plan Required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
develop and submit to Congress a strategic plan for
construction or acquisition of the facilities needed to allow
for an oceanographic research vessel to be homeported in St.
Petersburg, Florida. The strategic plan shall include an
estimate of funding needed to construct such facilities.
______