[Congressional Record Volume 164, Number 61 (Monday, April 16, 2018)]
[Senate]
[Pages S2143-S2188]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2232. Mr. McCONNELL (for Mr. Thune (for himself, Mr. Nelson, and 
Mr. Sullivan)) proposed an amendment to the bill S. 140, to amend the 
White Mountain Apache Tribe Water

[[Page S2144]]

Rights Quantification Act of 2010 to clarify the use of amounts in the 
WMAT Settlement Fund; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Coast Guard Authorization 
     Act of 2017''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is the following:

Sec. 1. Short title.
Sec. 2. Table of contents.

        TITLE I--REORGANIZATION OF TITLE 14, UNITED STATES CODE

Sec. 101. Initial matter.
Sec. 102. Subtitle I.
Sec. 103. Chapter 1.
Sec. 104. Chapter 3.
Sec. 105. Chapter 5.
Sec. 106. Chapter 7.
Sec. 107. Chapter 9.
Sec. 108. Chapter 11.
Sec. 109. Subtitle II.
Sec. 110. Chapter 19.
Sec. 111. Part II.
Sec. 112. Chapter 21.
Sec. 113. Chapter 23.
Sec. 114. Chapter 25.
Sec. 115. Part III.
Sec. 116. Chapter 27.
Sec. 117. Chapter 29.
Sec. 118. Subtitle III and chapter 37.
Sec. 119. Chapter 39.
Sec. 120. Chapter 41.
Sec. 121. Subtitle IV and chapter 49.
Sec. 122. Chapter 51.
Sec. 123. References.
Sec. 124. Rule of construction.

                        TITLE II--AUTHORIZATIONS

Sec. 201. Amendments to title 14, United States Code, as amended by 
              title I of this Act.
Sec. 202. Authorizations of appropriations.
Sec. 203. Authorized levels of military strength and training.
Sec. 204. Authorization of amounts for Fast Response Cutters.
Sec. 205. Authorization of amounts for shoreside infrastructure.
Sec. 206. Authorization of amounts for aircraft improvements.

                         TITLE III--COAST GUARD

Sec. 301. Amendments to title 14, United States Code, as amended by 
              title I of this Act.
Sec. 302. Primary duties.
Sec. 303. National Coast Guard Museum.
Sec. 304. Unmanned aircraft.
Sec. 305. Coast Guard health-care professionals; licensure portability.
Sec. 306. Training; emergency response providers.
Sec. 307. Incentive contracts for Coast Guard yard and industrial 
              establishments.
Sec. 308. Confidential investigative expenses.
Sec. 309. Regular captains; retirement.
Sec. 310. Conversion, alteration, and repair projects.
Sec. 311. Contracting for major acquisitions programs.
Sec. 312. Officer promotion zones.
Sec. 313. Cross reference.
Sec. 314. Commissioned service retirement.
Sec. 315. Leave for birth or adoption of child.
Sec. 316. Clothing at time of discharge.
Sec. 317. Unfunded priorities list.
Sec. 318. Safety of vessels of the Armed Forces.
Sec. 319. Protecting against unmanned aircraft.
Sec. 320. Air facilities.

                  TITLE IV--PORTS AND WATERWAYS SAFETY

Sec. 401. Codification of Ports and Waterways Safety Act.
Sec. 402. Conforming amendments.
Sec. 403. Transitional and savings provisions.
Sec. 404. Rule of construction.
Sec. 405. Advisory committee: repeal.
Sec. 406. Regattas and marine parades.
Sec. 407. Regulation of vessels in territorial waters of United States.
Sec. 408. Port, harbor, and coastal facility security.

                TITLE V--MARITIME TRANSPORTATION SAFETY

Sec. 501. Consistency in marine inspections.
Sec. 502. Uninspected passenger vessels in St. Louis County, Minnesota.
Sec. 503. Engine cut-off switch requirements.
Sec. 504. Exception from survival craft requirements.
Sec. 505. Safety standards.
Sec. 506. Fishing safety grants.
Sec. 507. Fishing, fish tender, and fish processing vessel 
              certification.
Sec. 508. Deadline for compliance with alternate safety compliance 
              program.
Sec. 509. Termination of unsafe operations; technical correction.
Sec. 510. Technical corrections: Licenses, certificates of registry, 
              and merchant mariner documents.
Sec. 511. Abandoned Seafarers Fund amendments.
Sec. 512. Clarification of logbook entries.
Sec. 513. Certificates of documentation for recreational vessels.
Sec. 514. Numbering for undocumented barges.
Sec. 515. Backup global positioning system.
Sec. 516. Scientific personnel.
Sec. 517. Transparency.

                     TITLE VI--ADVISORY COMMITTEES

Sec. 601. National maritime transportation advisory committees.
Sec. 602. Maritime Security Advisory Committees.

                 TITLE VII--FEDERAL MARITIME COMMISSION

Sec. 701. Short title.
Sec. 702. Authorization of appropriations.
Sec. 703. Reporting on impact of alliances on competition.
Sec. 704. Definition of certain covered services.
Sec. 705. Reports filed with the Commission.
Sec. 706. Public participation.
Sec. 707. Ocean transportation intermediaries.
Sec. 708. Common carriers.
Sec. 709. Negotiations.
Sec. 710. Injunctive relief sought by the Commission.
Sec. 711. Discussions.
Sec. 712. Transparency.
Sec. 713. Study of bankruptcy preparation and response.
Sec. 714. Agreements unaffected.

                       TITLE VIII--MISCELLANEOUS

Sec. 801. Repeal of obsolete reporting requirement.
Sec. 802. Corrections to provisions enacted by Coast Guard 
              Authorization Acts.
Sec. 803. Officer evaluation report.
Sec. 804. Extension of authority.
Sec. 805. Coast Guard ROTC program.
Sec. 806. Currency detection canine team program.
Sec. 807. Center of expertise for Great Lakes oil spill search and 
              response.
Sec. 808. Public safety answering points and maritime search and rescue 
              coordination.
Sec. 809. Ship shoal lighthouse transfer: repeal.
Sec. 810. Land exchange, Ayakulik Island, Alaska.
Sec. 811. Use of Tract 43.
Sec. 812. Coast Guard maritime domain awareness.
Sec. 813. Monitoring.
Sec. 814. Reimbursements for non-Federal construction costs of certain 
              aids to navigation.
Sec. 815. Towing safety management system fees.
Sec. 816. Oil spill disbursements auditing and report.
Sec. 817. Fleet requirements assessment and strategy.
Sec. 818. National Security Cutter.
Sec. 819. Acquisition plan for inland waterway and river tenders and 
              bay-class icebreakers.
Sec. 820. Great Lakes icebreaker acquisition.
Sec. 821. Polar icebreakers.
Sec. 822. Strategic assets in the Arctic.
Sec. 823. Arctic planning criteria.
Sec. 824. Vessel response plan audit.
Sec. 825. Waters deemed not navigable waters of the United States for 
              certain purposes.
Sec. 826. Documentation of recreational vessels.
Sec. 827. Equipment requirements; exemption from throwable personal 
              flotation devices requirement.
Sec. 828. Visual distress signals and alternative use.
Sec. 829. Radar refresher training.
Sec. 830. Commercial fishing vessel safety national communications 
              plan.
Sec. 831. Authorization for marine debris program.
Sec. 832. Atlantic Coast port access route study recommendations.
Sec. 833. Drawbridges.
Sec. 834. Waiver.
Sec. 835. Fire-retardant materials.
Sec. 836. Letters of determination.
Sec. 837. Temporary limitations.
Sec. 838. Transfer of Coast Guard property in Jupiter Island, Florida, 
              for inclusion in Hobe Sound National Wildlife Refuge.
Sec. 839. Emergency response.
Sec. 840. Use of funds in WMAT Settlement Fund for WMAT rural water 
              system.
Sec. 841. Drawbridges consultation.

               TITLE IX--VESSEL INCIDENTAL DISCHARGE ACT

Sec. 901. Short title.
Sec. 902. Definitions.
Sec. 903. Treatment of existing ballast water regulations.
Sec. 904. Ballast water discharge requirements.
Sec. 905. Approval of ballast water management systems.
Sec. 906. Review and raising of ballast water discharge standard.
Sec. 907. National Ballast Information Clearinghouse.
Sec. 908. Requirements for discharges incidental to the normal 
              operation of a commercial vessel.
Sec. 909. Best management practices for Great Lakes vessels.
Sec. 910. Judicial review.
Sec. 911. State enforcement.
Sec. 912. Effect on other laws.
Sec. 913. Quagga mussel.
Sec. 914. Coastal aquatic invasive species mitigation grant program and 
              mitigation fund.
Sec. 915. Rules of construction.

            TITLE X--HYDROGRAPHIC SERVICES AND OTHER MATTERS

Sec. 1001. Reauthorization of Hydrographic Services Improvement Act of 
              1998.

[[Page S2145]]

Sec. 1002. System for tracking and reporting all-inclusive cost of 
              hydrographic surveys.
Sec. 1003. Homeport of certain research vessels.

        TITLE I--REORGANIZATION OF TITLE 14, UNITED STATES CODE

     SEC. 101. INITIAL MATTER.

       Title 14, United States Code, is amended by striking the 
     title designation, the title heading, and the table of parts 
     at the beginning and inserting the following:

                        ``TITLE 14--COAST GUARD

``Subtitle                                                        Sec. 
``I. Establishment, Powers, Duties, and Administration.........101 ....

``II. Personnel...............................................1901 ....

``III. Coast Guard Reserve and Auxiliary......................3701 ....

``IV. Coast Guard Authorizations and Reports to Congress....4901''.....

     SEC. 102. SUBTITLE I.

       Part I of title 14, United States Code, is amended by 
     striking the part designation, the part heading, and the 
     table of chapters at the beginning and inserting the 
     following:

    ``Subtitle I--Establishment, Powers, Duties, and Administration

``Chap.                                                           Sec. 
``1. Establishment and Duties..................................101 ....

``3. Composition and Organization..............................301 ....

``5. Functions and Powers......................................501 ....

``7. Cooperation...............................................701 ....

``9. Administration............................................901 ....

``11. Acquisitions..........................................1101''.....

     SEC. 103. CHAPTER 1.

       (a) Initial Matter.--Chapter 1 of title 14, United States 
     Code, is amended by striking the chapter designation, the 
     chapter heading, and the table of sections at the beginning 
     and inserting the following:

                 ``CHAPTER 1--ESTABLISHMENT AND DUTIES

``Sec.
``101. Establishment of Coast Guard.
``102. Primary duties.
``103. Department in which the Coast Guard operates.
``104. Removing restrictions.
``105. Secretary defined.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 1 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
1.................................  Establishment of                101
                                     Coast Guard.
------------------------------------------------------------------------
2.................................  Primary duties.......           102
------------------------------------------------------------------------
3.................................  Department in which             103
                                     the Coast Guard
                                     operates.
------------------------------------------------------------------------
652...............................  Removing restrictions           104
------------------------------------------------------------------------
4.................................  Secretary defined....           105
------------------------------------------------------------------------

     SEC. 104. CHAPTER 3.

       (a) Initial Matter.--Chapter 3 of title 14, United States 
     Code, is amended by striking the chapter designation, the 
     chapter heading, and the table of sections at the beginning 
     and inserting the following:

               ``CHAPTER 3--COMPOSITION AND ORGANIZATION

``Sec.
``301. Grades and ratings.
``302. Commandant; appointment.
``303. Retirement of Commandant.
``304. Vice Commandant; appointment.
``305. Vice admirals.
``306. Retirement.
``307. Vice admirals and admiral, continuity of grade.
``308. Chief Acquisition Officer.
``309. Office of the Coast Guard Reserve; Director.
``310. Chief of Staff to President: appointment.
``311. Captains of the port.
``312. Prevention and response workforces.
``313. Centers of expertise for Coast Guard prevention and response.
``314. Marine industry training program.
``315. Training course on workings of Congress.
``316. National Coast Guard Museum.
``317. United States Coast Guard Band; composition; director.
``318. Environmental Compliance and Restoration Program.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 3 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
41................................  Grades and ratings...           301
------------------------------------------------------------------------
44................................  Commandant;                     302
                                     appointment.
------------------------------------------------------------------------
46................................  Retirement of                   303
                                     Commandant.
------------------------------------------------------------------------
47................................  Vice Commandant;                304
                                     appointment.
------------------------------------------------------------------------
50................................  Vice admirals........           305
------------------------------------------------------------------------
51................................  Retirement...........           306
------------------------------------------------------------------------
52................................  Vice admirals and               307
                                     admiral, continuity
                                     of grade.
------------------------------------------------------------------------
56................................  Chief Acquisition               308
                                     Officer.
------------------------------------------------------------------------
53................................  Office of the Coast             309
                                     Guard Reserve;
                                     Director.
------------------------------------------------------------------------
54................................  Chief of Staff to               310
                                     President:
                                     appointment.
------------------------------------------------------------------------
57................................  Prevention and                  312
                                     response workforces.
------------------------------------------------------------------------
58................................  Centers of expertise            313
                                     for Coast Guard
                                     prevention and
                                     response.
------------------------------------------------------------------------
59................................  Marine industry                 314
                                     training program.
------------------------------------------------------------------------
60................................  Training course on              315
                                     workings of Congress.
------------------------------------------------------------------------
98................................  National Coast Guard            316
                                     Museum.
------------------------------------------------------------------------
336...............................  United States Coast             317
                                     Guard Band;
                                     composition;
                                     director.
------------------------------------------------------------------------

       (c) Additional Changes.--
       (1) In general.--Chapter 3 of title 14, United States Code, 
     is further amended--
       (A) by inserting after section 310 (as so redesignated and 
     transferred under subsection (b)) the following:

     ``Sec. 311. Captains of the port

       ``Any officer, including any petty officer, may be 
     designated by the Commandant as captain of the port or ports 
     or adjacent high seas or waters over which the United States 
     has jurisdiction, as the Commandant deems necessary to 
     facilitate execution of Coast Guard duties.''; and
       (B) by inserting after section 317 (as so redesignated and 
     transferred under subsection (b)) the following:

     ``Sec. 318. Environmental Compliance and Restoration Program

       ``(a) Definitions.--For the purposes of this section--
       ``(1) `environment', `facility', `person', `release', 
     `removal', `remedial', and `response' have the same meaning 
     they have in section 101 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act (42 U.S.C. 9601);
       ``(2) `hazardous substance' has the same meaning it has in 
     section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act (42 U.S.C. 9601), except that 
     it also includes the meaning given `oil' in section 311 of 
     the Federal Water Pollution Control Act (33 U.S.C. 1321); and
       ``(3) `pollutant' has the same meaning it has in section 
     502 of the Federal Water Pollution Control Act (33 U.S.C. 
     1362).
       ``(b) Program.--
       ``(1) The Secretary shall carry out a program of 
     environmental compliance and restoration at current and 
     former Coast Guard facilities.
       ``(2) Program goals include:
       ``(A) Identifying, investigating, and cleaning up 
     contamination from hazardous substances and pollutants.
       ``(B) Correcting other environmental damage that poses an 
     imminent and substantial danger to the public health or 
     welfare or to the environment.
       ``(C) Demolishing and removing unsafe buildings and 
     structures, including buildings and structures at former 
     Coast Guard facilities.
       ``(D) Preventing contamination from hazardous substances 
     and pollutants at current Coast Guard facilities.
       ``(3)(A) The Secretary shall respond to releases of 
     hazardous substances and pollutants--
       ``(i) at each Coast Guard facility the United States owns, 
     leases, or otherwise possesses;
       ``(ii) at each Coast Guard facility the United States 
     owned, leased, or otherwise possessed when the actions 
     leading to contamination from hazardous substances or 
     pollutants occurred; and
       ``(iii) on each vessel the Coast Guard owns or operates.
       ``(B) Subparagraph (A) of this paragraph does not apply to 
     a removal or remedial action when a potentially responsible 
     person

[[Page S2146]]

     responds under section 122 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act (42 U.S.C. 9622).
       ``(C) The Secretary shall pay a fee or charge imposed by a 
     State authority for permit services for disposing of 
     hazardous substances or pollutants from Coast Guard 
     facilities to the same extent that nongovernmental entities 
     are required to pay for permit services. This subparagraph 
     does not apply to a payment that is the responsibility of a 
     lessee, contractor, or other private person.
       ``(4) The Secretary may agree with another Federal agency 
     for that agency to assist in carrying out the Secretary's 
     responsibilities under this section. The Secretary may enter 
     into contracts, cooperative agreements, and grant agreements 
     with State and local governments to assist in carrying out 
     the Secretary's responsibilities under this section. Services 
     that may be obtained under this paragraph include 
     identifying, investigating, and cleaning up off-site 
     contamination that may have resulted from the release of a 
     hazardous substance or pollutant at a Coast Guard facility.
       ``(5) Section 119 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act (42 U.S.C. 9619) 
     applies to response action contractors that carry out 
     response actions under this section. The Coast Guard shall 
     indemnify response action contractors to the extent that 
     adequate insurance is not generally available at a fair price 
     at the time the contractor enters into the contract to cover 
     the contractor's reasonable, potential, long-term liability.
       ``(c) Environmental Compliance and Restoration Account.--
       ``(1) There is established for the Coast Guard an account 
     known as the Coast Guard Environmental Compliance and 
     Restoration Account. All sums appropriated to carry out the 
     Coast Guard's environmental compliance and restoration 
     functions under this section or another law shall be credited 
     or transferred to the account and remain available until 
     expended.
       ``(2) Funds may be obligated or expended from the account 
     to carry out the Coast Guard's environmental compliance and 
     restoration functions under this section or another law.
       ``(3) In proposing the budget for any fiscal year under 
     section 1105 of title 31, the President shall set forth 
     separately the amount requested for the Coast Guard's 
     environmental compliance and restoration activities under 
     this section or another law.
       ``(4) Amounts recovered under section 107 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9607) for the Secretary's response 
     actions at current and former Coast Guard facilities shall be 
     credited to the account.
       ``(d) Annual List of Projects to Congress.--The Commandant 
     of the Coast Guard shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a prioritized list of projects 
     eligible for environmental compliance and restoration funding 
     for each fiscal year concurrent with the President's budget 
     submission for that fiscal year.''.
       (2) Conforming repeals.--Sections 634, 690, 691, 692, and 
     693 of title 14, United States Code, are repealed.

     SEC. 105. CHAPTER 5.

       (a) Initial Matter.--Chapter 5 of title 14, United States 
     Code, is amended by striking the chapter designation, the 
     chapter heading, and the table of sections at the beginning 
     and inserting the following:

                   ``CHAPTER 5--FUNCTIONS AND POWERS

                     ``subchapter i--general powers

``Sec.
``501. Secretary; general powers.
``502. Delegation of powers by the Secretary.
``503. Regulations.
``504. Commandant; general powers.
``505. Functions and powers vested in the Commandant.
``506. Prospective payment of funds necessary to provide medical care.
``507. Appointment of judges.

      ``subchapter ii--life saving and law enforcement authorities

``521. Saving life and property.
``522. Law enforcement.
``523. Enforcement authority.
``524. Enforcement of coastwise trade laws.
``525. Special agents of the Coast Guard Investigative Service law 
              enforcement authority.
``526. Stopping vessels; indemnity for firing at or into vessel.
                                                       ================  



                  ``subchapter iii--aids to navigation

``541. Aids to navigation authorized.
``542. Unauthorized aids to maritime navigation; penalty.
``543. Interference with aids to navigation; penalty.
``544. Aids to maritime navigation; penalty.
``545. Marking of obstructions.
``546. Deposit of damage payments.
``547. Rewards for apprehension of persons interfering with aids to 
              navigation.

                     ``subchapter iv--miscellaneous

``561. Icebreaking in polar regions.
``562. Appeals and waivers.
``563. Notification of certain determinations.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 5 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
92................................  Secretary; general              501
                                     powers.
------------------------------------------------------------------------
631...............................  Delegation of powers            502
                                     by the Secretary.
------------------------------------------------------------------------
633...............................  Regulations..........           503
------------------------------------------------------------------------
93................................  Commandant; general             504
                                     powers.
------------------------------------------------------------------------
632...............................  Functions and powers            505
                                     vested in the
                                     Commandant.
------------------------------------------------------------------------
520...............................  Prospective payment             506
                                     of funds necessary
                                     to provide medical
                                     care.
------------------------------------------------------------------------
153...............................  Appointment of judges           507
------------------------------------------------------------------------
88................................  Saving life and                 521
                                     property.
------------------------------------------------------------------------
89................................  Law enforcement......           522
------------------------------------------------------------------------
99................................  Enforcement authority           523
------------------------------------------------------------------------
100...............................  Enforcement of                  524
                                     coastwise trade laws.
------------------------------------------------------------------------
95................................  Special agents of the           525
                                     Coast Guard
                                     Investigative
                                     Service law
                                     enforcement
                                     authority.
------------------------------------------------------------------------
637...............................  Stopping vessels;               526
                                     indemnity for firing
                                     at or into vessel.
------------------------------------------------------------------------
91................................  Safety of naval                 527
                                     vessels.
------------------------------------------------------------------------
81................................  Aids to navigation              541
                                     authorized.
------------------------------------------------------------------------
83................................  Unauthorized aids to            542
                                     maritime navigation;
                                     penalty.
------------------------------------------------------------------------
84................................  Interference with               543
                                     aids to navigation;
                                     penalty.
------------------------------------------------------------------------
85................................  Aids to maritime                544
                                     navigation; penalty.
------------------------------------------------------------------------
86................................  Marking of                      545
                                     obstructions.
------------------------------------------------------------------------
642...............................  Deposit of damage               546
                                     payments.
------------------------------------------------------------------------
643...............................  Rewards for                     547
                                     apprehension of
                                     persons interfering
                                     with aids to
                                     navigation.
------------------------------------------------------------------------
87................................  Icebreaking in polar            561
                                     regions.
------------------------------------------------------------------------
101...............................  Appeals and waivers..           562
------------------------------------------------------------------------
103...............................  Notification of                 563
                                     certain
                                     determinations.
------------------------------------------------------------------------

       (c) Additional Changes.--Chapter 5 of title 14, United 
     States Code, is further amended--
       (1) by inserting before section 501 (as so redesignated and 
     transferred under subsection (b)) the following:

                   ``SUBCHAPTER I--GENERAL POWERS'';

       (2) by inserting before section 521 (as so redesignated and 
     transferred under subsection (b)) the following:

    ``SUBCHAPTER II--LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES'';

       (3) by inserting before section 541 (as so redesignated and 
     transferred under subsection (b)) the following:

                ``SUBCHAPTER III--AIDS TO NAVIGATION'';

     and
       (4) by inserting before section 561 (as so redesignated and 
     transferred under subsection (b)) the following:

                   ``SUBCHAPTER IV--MISCELLANEOUS''.

     SEC. 106. CHAPTER 7.

       (a) Initial Matter.--Chapter 7 of title 14, United States 
     Code, is amended by striking the chapter designation, the 
     chapter heading, and the table of sections at the beginning 
     and inserting the following:

                        ``CHAPTER 7--COOPERATION

``Sec.
``701. Cooperation with other agencies, States, territories, and 
              political subdivisions.
``702. State Department.
``703. Treasury Department.
``704. Department of the Army and Department of the Air Force.
``705. Navy Department.
``706. United States Postal Service.
``707. Department of Commerce.

[[Page S2147]]

``708. Department of Health and Human Services.
``709. Maritime instruction.
``710. Assistance to foreign governments and maritime authorities.
``711. Coast Guard officers as attaches to missions.
``712. Contracts with Government-owned establishments for work and 
              material.
``713. Nonappropriated fund instrumentalities: contracts with other 
              agencies and instrumentalities to provide or obtain goods 
              and services.
``714. Arctic maritime domain awareness.
``715. Oceanographic research.
``716. Arctic maritime transportation.
``717. Agreements.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 7 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
141...............................  Cooperation with                701
                                     other agencies,
                                     States, territories,
                                     and political
                                     subdivisions.
------------------------------------------------------------------------
142...............................  State Department.....           702
------------------------------------------------------------------------
143...............................  Treasury Department..           703
------------------------------------------------------------------------
144...............................  Department of the               704
                                     Army and Department
                                     of the Air Force.
------------------------------------------------------------------------
145...............................  Navy Department......           705
------------------------------------------------------------------------
146...............................  United States Postal            706
                                     Service.
------------------------------------------------------------------------
147...............................  Department of                   707
                                     Commerce.
------------------------------------------------------------------------
147a..............................  Department of Health            708
                                     and Human Services.
------------------------------------------------------------------------
148...............................  Maritime instruction.           709
------------------------------------------------------------------------
149...............................  Assistance to foreign           710
                                     governments and
                                     maritime authorities.
------------------------------------------------------------------------
150...............................  Coast Guard officers            711
                                     as attaches to
                                     missions.
------------------------------------------------------------------------
151...............................  Contracts with                  712
                                     Government-owned
                                     establishments for
                                     work and material.
------------------------------------------------------------------------
152...............................  Nonappropriated fund            713
                                     instrumentalities:
                                     contracts with other
                                     agencies and
                                     instrumentalities to
                                     provide or obtain
                                     goods and services.
------------------------------------------------------------------------
154...............................  Arctic maritime                 714
                                     domain awareness.
------------------------------------------------------------------------
94................................  Oceanographic                   715
                                     research.
------------------------------------------------------------------------
90................................  Arctic maritime                 716
                                     transportation.
------------------------------------------------------------------------
102...............................  Agreements...........           717
------------------------------------------------------------------------

     SEC. 107. CHAPTER 9.

       (a) Initial Matter.--Chapter 9 of title 14, United States 
     Code, is amended by striking the chapter designation, the 
     chapter heading, and the table of sections at the beginning 
     and inserting the following:

                      ``CHAPTER 9--ADMINISTRATION

               ``subchapter i--real and personal property

``Sec.
``901. Disposal of certain material.
``902. Employment of draftsmen and engineers.
``903. Use of certain appropriated funds.
``904. Local hire.
``905. Procurement authority for family housing.
``906. Air Station Cape Cod Improvements.
``907. Long-term lease of special purpose facilities.
``908. Long-term lease authority for lighthouse property.
``909. Small boat station rescue capability.
``910. Small boat station closures.
``911. Search and rescue center standards.
``912. Air facility closures.
``913. Turnkey selection procedures.
``914. Disposition of infrastructure related to E-LORAN.

                     ``subchapter ii--miscellaneous

``931. Oaths required for boards.
``932. Administration of oaths.
``933. Coast Guard ensigns and pennants.
``934. Penalty for unauthorized use of words `Coast Guard'.
``935. Coast Guard band recordings for commercial sale.
``936. Confidentiality of medical quality assurance records; qualified 
              immunity for participants.
``937. Admiralty claims against the United States.
``938. Claims for damage to property of the United States.
``939. Accounting for industrial work.
``940. Supplies and equipment from stock.
``941. Coast Guard Supply Fund.
``942. Public and commercial vessels and other watercraft; sale of 
              fuel, supplies, and services.
``943. Arms and ammunition; immunity from taxation.
``944. Confidential investigative expenses.
``945. Assistance to film producers.
``946. User fees.
``947. Vessel construction bonding requirements.
``948. Contracts for medical care for retirees, dependents, and 
              survivors: alternative delivery of health care.
``949. Telephone installation and charges.
``950. Designation, powers, and accountability of deputy disbursing 
              officials.
``951. Aircraft accident investigations.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 9 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
641...............................  Disposal of certain             901
                                     material.
------------------------------------------------------------------------
653...............................  Employment of                   902
                                     draftsmen and
                                     engineers.
------------------------------------------------------------------------
656...............................  Use of certain                  903
                                     appropriated funds.
------------------------------------------------------------------------
666...............................  Local hire...........           904
------------------------------------------------------------------------
670...............................  Procurement authority           905
                                     for family housing.
------------------------------------------------------------------------
671...............................  Air Station Cape Cod            906
                                     Improvements.
------------------------------------------------------------------------
672...............................  Long-term lease of              907
                                     special purpose
                                     facilities.
------------------------------------------------------------------------
672a..............................  Long-term lease                 908
                                     authority for
                                     lighthouse property.
------------------------------------------------------------------------
674...............................  Small boat station              909
                                     rescue capability.
------------------------------------------------------------------------
675...............................  Small boat station              910
                                     closures.
------------------------------------------------------------------------
676...............................  Search and rescue               911
                                     center standards.
------------------------------------------------------------------------
676a..............................  Air facility closures           912
------------------------------------------------------------------------
677...............................  Turnkey selection               913
                                     procedures.
------------------------------------------------------------------------
681...............................  Disposition of                  914
                                     infrastructure
                                     related to E-LORAN.
------------------------------------------------------------------------
635...............................  Oaths required for              931
                                     boards.
------------------------------------------------------------------------
636...............................  Administration of               932
                                     oaths.
------------------------------------------------------------------------
638...............................  Coast Guard ensigns             933
                                     and pennants.
------------------------------------------------------------------------
639...............................  Penalty for                     934
                                     unauthorized use of
                                     words ``Coast
                                     Guard''.
------------------------------------------------------------------------
640...............................  Coast Guard band                935
                                     recordings for
                                     commercial sale.
------------------------------------------------------------------------
645...............................  Confidentiality of              936
                                     medical quality
                                     assurance records;
                                     qualified immunity
                                     for participants.
------------------------------------------------------------------------
646...............................  Admiralty claims                937
                                     against the United
                                     States.
------------------------------------------------------------------------
647...............................  Claims for damage to            938
                                     property of the
                                     United States.
------------------------------------------------------------------------
648...............................  Accounting for                  939
                                     industrial work.
------------------------------------------------------------------------
649...............................  Supplies and                    940
                                     equipment from stock.
------------------------------------------------------------------------
650...............................  Coast Guard Supply              941
                                     Fund.
------------------------------------------------------------------------
654...............................  Public and commercial           942
                                     vessels and other
                                     watercraft; sale of
                                     fuel, supplies, and
                                     services.
------------------------------------------------------------------------
655...............................  Arms and ammunition;            943
                                     immunity from
                                     taxation.
------------------------------------------------------------------------
658...............................  Confidential                    944
                                     investigative
                                     expenses.
------------------------------------------------------------------------
659...............................  Assistance to film              945
                                     producers.
------------------------------------------------------------------------
664...............................  User fees............           946
------------------------------------------------------------------------

[[Page S2148]]

 
667...............................  Vessel construction             947
                                     bonding requirements.
------------------------------------------------------------------------
668...............................  Contracts for medical           948
                                     care for retirees,
                                     dependents, and
                                     survivors:
                                     alternative delivery
                                     of health care.
------------------------------------------------------------------------
669...............................  Telephone                       949
                                     installation and
                                     charges.
------------------------------------------------------------------------
673...............................  Designation, powers,            950
                                     and accountability
                                     of deputy disbursing
                                     officials.
------------------------------------------------------------------------
678...............................  Aircraft accident               951
                                     investigations.
------------------------------------------------------------------------

       (c) Additional Changes.--Chapter 9 of title 14, United 
     States Code, is further amended--
       (1) by inserting before section 901 (as so redesignated and 
     transferred under subsection (b)) the following:

             ``SUBCHAPTER I--REAL AND PERSONAL PROPERTY'';

     and
       (2) by inserting before section 931 (as so redesignated and 
     transferred under subsection (b)) the following:

                   ``SUBCHAPTER II--MISCELLANEOUS''.

     SEC. 108. CHAPTER 11.

       (a) Initial Matter.--Chapter 11 of title 14, United States 
     Code, is amended by striking the chapter designation, the 
     chapter eading, and the table of sections at the beginning 
     and inserting the following:

                       ``CHAPTER 11--ACQUISITIONS

                   ``subchapter i--general provisions

``Sec.
``1101. Acquisition directorate.
``1102. Improvements in Coast Guard acquisition management.
``1103. Role of Vice Commandant in major acquisition programs.
``1104. Recognition of Coast Guard personnel for excellence in 
              acquisition.
``1105. Prohibition on use of lead systems integrators.
``1106. Required contract terms.
``1107. Extension of major acquisition program contracts.
``1108. Department of Defense consultation.
``1109. Undefinitized contractual actions.
``1110. Guidance on excessive pass-through charges.
``1111. Mission need statement.

      ``subchapter ii--improved acquisition process and procedures

``1131. Identification of major system acquisitions.
``1132. Acquisition.
``1133. Preliminary development and demonstration.
``1134. Acquisition, production, deployment, and support.
``1135. Acquisition program baseline breach.
``1136. Acquisition approval authority.

                      ``subchapter iii--procurement

``1151. Restriction on construction of vessels in foreign shipyards.
``1152. Advance procurement funding.
``1153. Prohibition on overhaul, repair, and maintenance of Coast Guard 
              vessels in foreign shipyards.
``1154. Procurement of buoy chain.

                      ``subchapter iv--definitions

``1171. Definitions.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 11 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
561...............................  Acquisition                    1101
                                     directorate.
------------------------------------------------------------------------
562...............................  Improvements in Coast          1102
                                     Guard acquisition
                                     management.
------------------------------------------------------------------------
578...............................  Role of Vice                   1103
                                     Commandant in major
                                     acquisition programs.
------------------------------------------------------------------------
563...............................  Recognition of Coast           1104
                                     Guard personnel for
                                     excellence in
                                     acquisition.
------------------------------------------------------------------------
564...............................  Prohibition on use of          1105
                                     lead systems
                                     integrators.
------------------------------------------------------------------------
565...............................  Required contract              1106
                                     terms.
------------------------------------------------------------------------
579...............................  Extension of major             1107
                                     acquisition program
                                     contracts.
------------------------------------------------------------------------
566...............................  Department of Defense          1108
                                     consultation.
------------------------------------------------------------------------
567...............................  Undefinitized                  1109
                                     contractual actions.
------------------------------------------------------------------------
568...............................  Guidance on excessive          1110
                                     pass-through charges.
------------------------------------------------------------------------
569...............................  Mission need                   1111
                                     statement.
------------------------------------------------------------------------
571...............................  Identification of              1131
                                     major system
                                     acquisitions.
------------------------------------------------------------------------
572...............................  Acquisition..........          1132
------------------------------------------------------------------------
573...............................  Preliminary                    1133
                                     development and
                                     demonstration.
------------------------------------------------------------------------
574...............................  Acquisition,                   1134
                                     production,
                                     deployment, and
                                     support.
------------------------------------------------------------------------
575...............................  Acquisition program            1135
                                     baseline breach.
------------------------------------------------------------------------
576...............................  Acquisition approval           1136
                                     authority.
------------------------------------------------------------------------
665...............................  Restriction on                 1151
                                     construction of
                                     vessels in foreign
                                     shipyards.
------------------------------------------------------------------------
577...............................  Advance procurement            1152
                                     funding.
------------------------------------------------------------------------
96................................  Prohibition on                 1153
                                     overhaul, repair,
                                     and maintenance of
                                     Coast Guard vessels
                                     in foreign shipyards.
------------------------------------------------------------------------
97................................  Procurement of buoy            1154
                                     chain.
------------------------------------------------------------------------
581...............................  Definitions..........          1171
------------------------------------------------------------------------

       (c) Additional Changes.--Chapter 11 of title 14, United 
     States Code, is further amended--
       (1) by striking all subdivision designations and headings 
     in such chapter, except for--
       (A) the chapter designation and heading added by subsection 
     (a);
       (B) the subchapter designations and headings added by this 
     subsection; and
       (C) any designation or heading of a section or a 
     subdivision of a section;
       (2) by inserting before section 1101 (as so redesignated 
     and transferred under subsection (b)) the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS'';

       (3) by inserting before section 1131 (as so redesignated 
     and transferred under subsection (b)) the following:

    ``SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES'';

       (4) by inserting before section 1151 (as so redesignated 
     and transferred under subsection (b)) the following:

                    ``SUBCHAPTER III--PROCUREMENT'';

     and
       (5) by inserting before section 1171 (as so redesignated 
     and transferred under subsection (b)) the following:

                    ``SUBCHAPTER IV--DEFINITIONS''.

     SEC. 109. SUBTITLE II.

       (a) Initial Matter.--Title 14, United States Code, is 
     further amended by inserting after chapter 11 (as amended by 
     section 108) the following:

                        ``Subtitle II--Personnel

``Chap.                                                           Sec. 
``19. Coast Guard Academy.....................................1901 ....

``21. Personnel; Officers.....................................2101 ....

``23. Personnel; Enlisted.....................................2301 ....

``25. Personnel; General Provisions...........................2501 ....

``27. Pay, Allowances, Awards, and Other Rights and Benefits..2701 ....

``29. Coast Guard Family Support, Child Care, and Housing...2901''.....

       (b) Reserved Chapter Numbers.--
       (1) Chapter 13.--Chapter 13 of title 14, United States 
     Code, is amended by striking the chapter designation, the 
     chapter heading, and the table of sections at the beginning.
       (2) Chapter 14.--Chapter 14 of title 14, United States 
     Code, is amended--
       (A) by striking the chapter designation, the chapter 
     heading, and the table of sections at the beginning; and
       (B) by striking the subchapter designation and the 
     subchapter heading for each of the subchapters of such 
     chapter.
       (3) Chapter 15.--Chapter 15 of title 14, United States 
     Code, is amended--
       (A) by striking the chapter designation, the chapter 
     heading, and the table of sections at the beginning; and
       (B) by striking the subchapter designation and the 
     subchapter heading for each of the subchapters of such 
     chapter.
       (4) Chapter 17.--Chapter 17 of title 14, United States 
     Code, is amended by striking the chapter designation, the 
     chapter heading, and the table of sections at the beginning.
       (5) Chapter 18.--Chapter 18 of title 14, United States 
     Code, is amended by striking the chapter designation, the 
     chapter heading, and the table of sections at the beginning.

     SEC. 110. CHAPTER 19.

       (a) Initial Matter.--Chapter 19 of title 14, United States 
     Code, is amended by striking the chapter designation, the 
     chapter heading, and the table of sections at the beginning 
     and inserting the following:

                   ``CHAPTER 19--COAST GUARD ACADEMY

                     ``subchapter i--administration

``Sec.
``1901. Administration of Academy.

[[Page S2149]]

``1902. Policy on sexual harassment and sexual violence.
``1903. Annual Board of Visitors.
``1904. Participation in Federal, State, or other educational research 
              grants.

                         ``subchapter ii--cadets

``1921. Corps of Cadets authorized strength.
``1922. Appointments.
``1923. Admission of foreign nationals for instruction; restrictions; 
              conditions.
``1924. Conduct.
``1925. Agreement.
``1926. Cadet applicants; preappointment travel to Academy.
``1927. Cadets; initial clothing allowance.
``1928. Cadets; degree of bachelor of science.
``1929. Cadets; appointment as ensign.
``1930. Cadets: charges and fees for attendance; limitation.

                        ``subchapter iii--faculty

``1941. Civilian teaching staff.
``1942. Permanent commissioned teaching staff; composition.
``1943. Appointment of permanent commissioned teaching staff.
``1944. Grade of permanent commissioned teaching staff.
``1945. Retirement of permanent commissioned teaching staff.
``1946. Credit for service as member of civilian teaching staff.
``1947. Assignment of personnel as instructors.
``1948. Marine safety curriculum.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 19 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
181...............................  Administration of              1901
                                     Academy.
------------------------------------------------------------------------
200...............................  Policy on sexual               1902
                                     harassment and
                                     sexual violence.
------------------------------------------------------------------------
194...............................  Annual Board of                1903
                                     Visitors.
------------------------------------------------------------------------
196...............................  Participation in               1904
                                     Federal, State, or
                                     other educational
                                     research grants.
------------------------------------------------------------------------
195...............................  Admission of foreign           1923
                                     nationals for
                                     instruction;
                                     restrictions;
                                     conditions.
------------------------------------------------------------------------
181a..............................  Cadet applicants;              1926
                                     preappointment
                                     travel to Academy.
------------------------------------------------------------------------
183...............................  Cadets; initial                1927
                                     clothing allowance.
------------------------------------------------------------------------
184...............................  Cadets; degree of              1928
                                     bachelor of science.
------------------------------------------------------------------------
185...............................  Cadets; appointment            1929
                                     as ensign.
------------------------------------------------------------------------
197...............................  Cadets: charges and            1930
                                     fees for attendance;
                                     limitation.
------------------------------------------------------------------------
186...............................  Civilian teaching              1941
                                     staff.
------------------------------------------------------------------------
187...............................  Permanent                      1942
                                     commissioned
                                     teaching staff;
                                     composition.
------------------------------------------------------------------------
188...............................  Appointment of                 1943
                                     permanent
                                     commissioned
                                     teaching staff.
------------------------------------------------------------------------
189...............................  Grade of permanent             1944
                                     commissioned
                                     teaching staff.
------------------------------------------------------------------------
190...............................  Retirement of                  1945
                                     permanent
                                     commissioned
                                     teaching staff.
------------------------------------------------------------------------
191...............................  Credit for service as          1946
                                     member of civilian
                                     teaching staff.
------------------------------------------------------------------------
192...............................  Assignment of                  1947
                                     personnel as
                                     instructors.
------------------------------------------------------------------------
199...............................  Marine safety                  1948
                                     curriculum.
------------------------------------------------------------------------

       (c) Additional Changes.--
       (1) In general.--Chapter 19 of title 14, United States 
     Code, is further amended--
       (A) by inserting before section 1901 (as so redesignated 
     and transferred under subsection (b)) the following:

                   ``SUBCHAPTER I--ADMINISTRATION'';

       (B) by inserting before section 1923 (as so redesignated 
     and transferred under subsection (b)) the following:

                        ``SUBCHAPTER II--CADETS

     ``Sec. 1921. Corps of Cadets authorized strength

       ``The number of cadets appointed annually to the Academy 
     shall be as determined by the Secretary but the number 
     appointed in any one year shall not exceed six hundred.

     ``Sec. 1922. Appointments

       ``Appointments to cadetships shall be made under 
     regulations prescribed by the Secretary, who shall determine 
     age limits, methods of selection of applicants, term of 
     service as a cadet before graduation, and all other matters 
     affecting such appointments. In the administration of this 
     section, the Secretary shall take such action as may be 
     necessary and appropriate to insure that female individuals 
     shall be eligible for appointment and admission to the Coast 
     Guard Academy, and that the relevant standards required for 
     appointment, admission, training, graduation, and 
     commissioning of female individuals shall be the same as 
     those required for male individuals, except for those minimum 
     essential adjustments in such standards required because of 
     physiological differences between male and female 
     individuals.'';
       (C) by inserting before section 1926 (as so redesignated 
     and transferred under subsection (b)) the following:

     ``Sec. 1924. Conduct

       ``The Secretary may summarily dismiss from the Coast Guard 
     any cadet who, during his cadetship, is found unsatisfactory 
     in either studies or conduct, or may be deemed not adapted 
     for a career in the Coast Guard. Cadets shall be subject to 
     rules governing discipline prescribed by the Commandant.

     ``Sec. 1925. Agreement

       ``(a) Each cadet shall sign an agreement with respect to 
     the cadet's length of service in the Coast Guard. The 
     agreement shall provide that the cadet agrees to the 
     following:
       ``(1) That the cadet will complete the course of 
     instruction at the Coast Guard Academy.
       ``(2) That upon graduation from the Coast Guard Academy the 
     cadet--
       ``(A) will accept an appointment, if tendered, as a 
     commissioned officer of the Coast Guard; and
       ``(B) will serve on active duty for at least five years 
     immediately after such appointment.
       ``(3) That if an appointment described in paragraph (2) is 
     not tendered or if the cadet is permitted to resign as a 
     regular officer before the completion of the commissioned 
     service obligation of the cadet, the cadet--
       ``(A) will accept an appointment as a commissioned officer 
     in the Coast Guard Reserve; and
       ``(B) will remain in that reserve component until 
     completion of the commissioned service obligation of the 
     cadet.
       ``(b)(1) The Secretary may transfer to the Coast Guard 
     Reserve, and may order to active duty for such period of time 
     as the Secretary prescribes (but not to exceed four years), a 
     cadet who breaches an agreement under subsection (a). The 
     period of time for which a cadet is ordered to active duty 
     under this paragraph may be determined without regard to 
     section 651(a) of title 10.
       ``(2) A cadet who is transferred to the Coast Guard Reserve 
     under paragraph (1) shall be transferred in an appropriate 
     enlisted grade or rating, as determined by the Secretary.
       ``(3) For the purposes of paragraph (1), a cadet shall be 
     considered to have breached an agreement under subsection (a) 
     if the cadet is separated from the Coast Guard Academy under 
     circumstances which the Secretary determines constitute a 
     breach by the cadet of the cadet's agreement to complete the 
     course of instruction at the Coast Guard Academy and accept 
     an appointment as a commissioned officer upon graduation from 
     the Coast Guard Academy.
       ``(c) The Secretary shall prescribe regulations to carry 
     out this section. Those regulations shall include--
       ``(1) standards for determining what constitutes, for the 
     purpose of subsection (b), a breach of an agreement under 
     subsection (a);
       ``(2) procedures for determining whether such a breach has 
     occurred; and
       ``(3) standards for determining the period of time for 
     which a person may be ordered to serve on active duty under 
     subsection (b).
       ``(d) In this section, `commissioned service obligation', 
     with respect to an officer who is a graduate of the Academy, 
     means the period beginning on the date of the officer's 
     appointment as a commissioned officer and ending on the sixth 
     anniversary of such appointment or, at the discretion of the 
     Secretary, any later date up to the eighth anniversary of 
     such appointment.
       ``(e)(1) This section does not apply to a cadet who is not 
     a citizen or national of the United States.
       ``(2) In the case of a cadet who is a minor and who has 
     parents or a guardian, the cadet may sign the agreement 
     required by subsection (a) only with the consent of the 
     parent or guardian.
       ``(f) A cadet or former cadet who does not fulfill the 
     terms of the obligation to serve as specified under section 
     (a), or the alternative obligation imposed under subsection 
     (b), shall be subject to the repayment provisions of section 
     303a(e) of title 37.''; and
       (D) by inserting before section 1941 (as so redesignated 
     and transferred under subsection (b)) the following:

                      ``SUBCHAPTER III--FACULTY''.

       (2) Conforming repeal.--Section 182 of title 14, United 
     States Code, is repealed.

     SEC. 111. PART II.

       Part II of title 14, United States Code, is amended by 
     striking the part designation, the part heading, and the 
     table of chapters at the beginning.

     SEC. 112. CHAPTER 21.

       (a) Initial Matter.--Chapter 21 of title 14, United States 
     Code, is amended by striking

[[Page S2150]]

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

                   ``CHAPTER 21--PERSONNEL; OFFICERS

                ``subchapter i--appointment and promotion

``Sec.
``2101. Original appointment of permanent commissioned officers.
``2102. Active duty promotion list.
``2103. Number and distribution of commissioned officers on active duty 
              promotion list.
``2104. Appointment of temporary officers.
``2105. Rank of warrant officers.
``2106. Selection boards; convening of boards.
``2107. Selection boards; composition of boards.
``2108. Selection boards; notice of convening; communication with 
              board.
``2109. Selection boards; oath of members.
``2110. Number of officers to be selected for promotion.
``2111. Promotion zones.
``2112. Promotion year; defined.
``2113. Eligibility of officers for consideration for promotion.
``2114. United States Deputy Marshals in Alaska.
``2115. Selection boards; information to be furnished boards.
``2116. Officers to be recommended for promotion.
``2117. Selection boards; reports.
``2118. Selection boards; submission of reports.
``2119. Failure of selection for promotion.
``2120. Special selection boards; correction of errors.
``2121. Promotions; appointments.
``2122. Removal of officer from list of selectees for promotion.
``2123. Promotions; acceptance; oath of office.
``2124. Promotions; pay and allowances.
``2125. Wartime temporary service promotions.
``2126. Promotion of officers not included on active duty promotion 
              list.
``2127. Recall to active duty during war or national emergency.
``2128. Recall to active duty with consent of officer.
``2129. Aviation cadets; appointment as Reserve officers.

  ``subchapter ii--discharges; retirements; revocation of commissions; 
                          separation for cause

``2141. Revocation of commissions during first five years of 
              commissioned service.
``2142. Regular lieutenants (junior grade); separation for failure of 
              selection for promotion.
``2143. Regular lieutenants; separation for failure of selection for 
              promotion; continuation.
``2144. Regular Coast Guard; officers serving under temporary 
              appointments.
``2145. Regular lieutenant commanders and commanders; retirement for 
              failure of selection for promotion.
``2146. Discharge in lieu of retirement; separation pay.
``2147. Regular warrant officers: separation pay.
``2148. Separation for failure of selection for promotion or 
              continuation; time of.
``2149. Regular captains; retirement.
``2150. Captains; continuation on active duty; involuntary retirement.
``2151. Rear admirals and rear admirals (lower half); continuation on 
              active duty; involuntary retirement.
``2152. Voluntary retirement after twenty years' service.
``2153. Voluntary retirement after thirty years' service.
``2154. Compulsory retirement.
``2155. Retirement for physical disability after selection for 
              promotion; grade in which retired.
``2156. Deferment of retirement or separation for medical reasons.
``2157. Flag officers.
``2158. Review of records of officers.
``2159. Boards of inquiry.
``2160. Boards of review.
``2161. Composition of boards.
``2162. Rights and procedures.
``2163. Removal of officer from active duty; action by Secretary.
``2164. Officers considered for removal; retirement or discharge; 
              separation benefits.
``2165. Relief of retired officer promoted while on active duty.

                  ``subchapter iii--general provisions

``2181. Physical fitness of officers.
``2182. Multirater assessment of certain personnel.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 21 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
211...............................  Original appointment           2101
                                     of permanent
                                     commissioned
                                     officers.
------------------------------------------------------------------------
41a...............................  Active duty promotion          2102
                                     list.
------------------------------------------------------------------------
42................................  Number and                     2103
                                     distribution of
                                     commissioned
                                     officers on active
                                     duty promotion list.
------------------------------------------------------------------------
214...............................  Appointment of                 2104
                                     temporary officers.
------------------------------------------------------------------------
215...............................  Rank of warrant                2105
                                     officers.
------------------------------------------------------------------------
251...............................  Selection boards;              2106
                                     convening of boards.
------------------------------------------------------------------------
252...............................  Selection boards;              2107
                                     composition of
                                     boards.
------------------------------------------------------------------------
253...............................  Selection boards;              2108
                                     notice of convening;
                                     communication with
                                     board.
------------------------------------------------------------------------
254...............................  Selection boards;              2109
                                     oath of members.
------------------------------------------------------------------------
255...............................  Number of officers to          2110
                                     be selected for
                                     promotion.
------------------------------------------------------------------------
256...............................  Promotion zones......          2111
------------------------------------------------------------------------
256a..............................  Promotion year;                2112
                                     defined.
------------------------------------------------------------------------
257...............................  Eligibility of                 2113
                                     officers for
                                     consideration for
                                     promotion.
------------------------------------------------------------------------
258...............................  Selection boards;              2115
                                     information to be
                                     furnished boards.
------------------------------------------------------------------------
259...............................  Officers to be                 2116
                                     recommended for
                                     promotion.
------------------------------------------------------------------------
260...............................  Selection boards;              2117
                                     reports.
------------------------------------------------------------------------
261...............................  Selection boards;              2118
                                     submission of
                                     reports.
------------------------------------------------------------------------
262...............................  Failure of selection           2119
                                     for promotion.
------------------------------------------------------------------------
263...............................  Special selection              2120
                                     boards; correction
                                     of errors.
------------------------------------------------------------------------
271...............................  Promotions;                    2121
                                     appointments.
------------------------------------------------------------------------
272...............................  Removal of officer             2122
                                     from list of
                                     selectees for
                                     promotion.
------------------------------------------------------------------------
273...............................  Promotions;                    2123
                                     acceptance; oath of
                                     office.
------------------------------------------------------------------------
274...............................  Promotions; pay and            2124
                                     allowances.
------------------------------------------------------------------------
275...............................  Wartime temporary              2125
                                     service promotions.
------------------------------------------------------------------------
276...............................  Promotion of officers          2126
                                     not included on
                                     active duty
                                     promotion list.
------------------------------------------------------------------------
331...............................  Recall to active duty          2127
                                     during war or
                                     national emergency.
------------------------------------------------------------------------
332...............................  Recall to active duty          2128
                                     with consent of
                                     officer.
------------------------------------------------------------------------
373...............................  Aviation cadets;               2129
                                     appointment as
                                     Reserve officers.
------------------------------------------------------------------------
281...............................  Revocation of                  2141
                                     commissions during
                                     first five years of
                                     commissioned service.
------------------------------------------------------------------------
282...............................  Regular lieutenants            2142
                                     (junior grade);
                                     separation for
                                     failure of selection
                                     for promotion.
------------------------------------------------------------------------
283...............................  Regular lieutenants;           2143
                                     separation for
                                     failure of selection
                                     for promotion;
                                     continuation.
------------------------------------------------------------------------
284...............................  Regular Coast Guard;           2144
                                     officers serving
                                     under temporary
                                     appointments.
------------------------------------------------------------------------
285...............................  Regular lieutenant             2145
                                     commanders and
                                     commanders;
                                     retirement for
                                     failure of selection
                                     for promotion.
------------------------------------------------------------------------
286...............................  Discharge in lieu of           2146
                                     retirement;
                                     separation pay.
------------------------------------------------------------------------
286a..............................  Regular warrant                2147
                                     officers: separation
                                     pay.
------------------------------------------------------------------------
287...............................  Separation for                 2148
                                     failure of selection
                                     for promotion or
                                     continuation; time
                                     of.
------------------------------------------------------------------------
288...............................  Regular captains;              2149
                                     retirement.
------------------------------------------------------------------------
289...............................  Captains;                      2150
                                     continuation on
                                     active duty;
                                     involuntary
                                     retirement.
------------------------------------------------------------------------
290...............................  Rear admirals and              2151
                                     rear admirals (lower
                                     half); continuation
                                     on active duty;
                                     involuntary
                                     retirement.
------------------------------------------------------------------------

[[Page S2151]]

 
291...............................  Voluntary retirement           2152
                                     after twenty years'
                                     service.
------------------------------------------------------------------------
292...............................  Voluntary retirement           2153
                                     after thirty years'
                                     service.
------------------------------------------------------------------------
293...............................  Compulsory retirement          2154
------------------------------------------------------------------------
294...............................  Retirement for                 2155
                                     physical disability
                                     after selection for
                                     promotion; grade in
                                     which retired.
------------------------------------------------------------------------
295...............................  Deferment of                   2156
                                     retirement or
                                     separation for
                                     medical reasons.
------------------------------------------------------------------------
296...............................  Flag officers........          2157
------------------------------------------------------------------------
321...............................  Review of records of           2158
                                     officers.
------------------------------------------------------------------------
322...............................  Boards of inquiry....          2159
------------------------------------------------------------------------
323...............................  Boards of review.....          2160
------------------------------------------------------------------------
324...............................  Composition of boards          2161
------------------------------------------------------------------------
325...............................  Rights and procedures          2162
------------------------------------------------------------------------
326...............................  Removal of officer             2163
                                     from active duty;
                                     action by Secretary.
------------------------------------------------------------------------
327...............................  Officers considered            2164
                                     for removal;
                                     retirement or
                                     discharge;
                                     separation benefits.
------------------------------------------------------------------------
333...............................  Relief of retired              2165
                                     officer promoted
                                     while on active duty.
------------------------------------------------------------------------
335...............................  Physical fitness of            2181
                                     officers.
------------------------------------------------------------------------
429...............................  Multirater assessment          2182
                                     of certain personnel.
------------------------------------------------------------------------

       (c) Additional Changes.--Chapter 21 of title 14, United 
     States Code, is further amended--
       (1) by striking all subchapter designations and headings in 
     such chapter, except for the subchapter designations and 
     headings added by this subsection;
       (2) by inserting before section 2101 (as so redesignated 
     and transferred under subsection (b)) the following:

              ``SUBCHAPTER I--APPOINTMENT AND PROMOTION'';

       (3) by inserting before section 2115 (as so redesignated 
     and transferred under subsection (b)) the following:

     ``Sec. 2114. United States Deputy Marshals in Alaska

       ``Commissioned officers may be appointed as United States 
     Deputy Marshals in Alaska.'';
       (4) by inserting before section 2141 (as so redesignated 
     and transferred under subsection (b)) the following:

 ``SUBCHAPTER II--DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS; 
                        SEPARATION FOR CAUSE'';

     and
       (5) by inserting before section 2181 (as so redesignated 
     and transferred under subsection (b)) the following:

                ``SUBCHAPTER III--GENERAL PROVISIONS''.

     SEC. 113. CHAPTER 23.

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

                   ``CHAPTER 23--PERSONNEL; ENLISTED

``Sec.
``2301. Recruiting campaigns.
``2302. Enlistments; term, grade.
``2303. Promotion.
``2304. Compulsory retirement at age of sixty-two.
``2305. Voluntary retirement after thirty years' service.
``2306. Voluntary retirement after twenty years' service.
``2307. Retirement of enlisted members: increase in retired pay.
``2308. Recall to active duty during war or national emergency.
``2309. Recall to active duty with consent of member.
``2310. Relief of retired enlisted member promoted while on active 
              duty.
``2311. Retirement in cases where higher grade or rating has been held.
``2312. Extension of enlistments.
``2313. Retention beyond term of enlistment in case of disability.
``2314. Detention beyond term of enlistment.
``2315. Inclusion of certain conditions in enlistment contract.
``2316. Discharge within three months before expiration of enlistment.
``2317. Aviation cadets; procurement; transfer.
``2318. Aviation cadets; benefits.
``2319. Critical skill training bonus.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 23 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
350...............................  Recruiting campaigns.          2301
------------------------------------------------------------------------
351...............................  Enlistments; term,             2302
                                     grade.
------------------------------------------------------------------------
352...............................  Promotion............          2303
------------------------------------------------------------------------
353...............................  Compulsory retirement          2304
                                     at age of sixty-two.
------------------------------------------------------------------------
354...............................  Voluntary retirement           2305
                                     after thirty years'
                                     service.
------------------------------------------------------------------------
355...............................  Voluntary retirement           2306
                                     after twenty years'
                                     service.
------------------------------------------------------------------------
357...............................  Retirement of                  2307
                                     enlisted members:
                                     increase in retired
                                     pay.
------------------------------------------------------------------------
359...............................  Recall to active duty          2308
                                     during war or
                                     national emergency.
------------------------------------------------------------------------
360...............................  Recall to active duty          2309
                                     with consent of
                                     member.
------------------------------------------------------------------------
361...............................  Relief of retired              2310
                                     enlisted member
                                     promoted while on
                                     active duty.
------------------------------------------------------------------------
362...............................  Retirement in cases            2311
                                     where higher grade
                                     or rating has been
                                     held.
------------------------------------------------------------------------
365...............................  Extension of                   2312
                                     enlistments.
------------------------------------------------------------------------
366...............................  Retention beyond term          2313
                                     of enlistment in
                                     case of disability.
------------------------------------------------------------------------
367...............................  Detention beyond term          2314
                                     of enlistment.
------------------------------------------------------------------------
369...............................  Inclusion of certain           2315
                                     conditions in
                                     enlistment contract.
------------------------------------------------------------------------
370...............................  Discharge within               2316
                                     three months before
                                     expiration of
                                     enlistment.
------------------------------------------------------------------------
371...............................  Aviation cadets;               2317
                                     procurement;
                                     transfer.
------------------------------------------------------------------------
372...............................  Aviation cadets;               2318
                                     benefits.
------------------------------------------------------------------------
374...............................  Critical skill                 2319
                                     training bonus.
------------------------------------------------------------------------

     SEC. 114. CHAPTER 25.

       (a) Initial Matter.--Chapter 25 of title 14, United States 
     Code, is amended by striking the chapter designation, the 
     chapter heading, and the table of sections at the beginning 
     and inserting the following:

              ``CHAPTER 25--PERSONNEL; GENERAL PROVISIONS

                   ``subchapter i--general provisions

``Sec.
``2501. Grade on retirement.
``2502. Retirement.
``2503. Status of recalled personnel.
``2504. Computation of retired pay.
``2505. Limitations on retirement and retired pay.
``2506. Suspension of payment of retired pay of members who are absent 
              from the United States to avoid prosecution.
``2507. Board for Correction of Military Records deadline.
``2508. Emergency leave retention authority.
``2509. Prohibition of certain involuntary administrative separations.
``2510. Sea service letters.
``2511. Investigations of flag officers and Senior Executive Service 
              employees.
``2512. Leave policies for the Coast Guard.
``2513. Computation of length of service.

                   ``subchapter ii--lighthouse service

``2531. Personnel of former Lighthouse Service.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 25 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
334...............................  Grade on retirement..          2501
------------------------------------------------------------------------
421...............................  Retirement...........          2502
------------------------------------------------------------------------

[[Page S2152]]

 
422...............................  Status of recalled             2503
                                     personnel.
------------------------------------------------------------------------
423...............................  Computation of                 2504
                                     retired pay.
------------------------------------------------------------------------
424...............................  Limitations on                 2505
                                     retirement and
                                     retired pay.
------------------------------------------------------------------------
424a..............................  Suspension of payment          2506
                                     of retired pay of
                                     members who are
                                     absent from the
                                     United States to
                                     avoid prosecution.
------------------------------------------------------------------------
425...............................  Board for Correction           2507
                                     of Military Records
                                     deadline.
------------------------------------------------------------------------
426...............................  Emergency leave                2508
                                     retention authority.
------------------------------------------------------------------------
427...............................  Prohibition of                 2509
                                     certain involuntary
                                     administrative
                                     separations.
------------------------------------------------------------------------
428...............................  Sea service letters..          2510
------------------------------------------------------------------------
430...............................  Investigations of              2511
                                     flag officers and
                                     Senior Executive
                                     Service employees.
------------------------------------------------------------------------
431...............................  Leave policies for             2512
                                     the Coast Guard.
------------------------------------------------------------------------
467...............................  Computation of length          2513
                                     of service.
------------------------------------------------------------------------
432...............................  Personnel of former            2531
                                     Lighthouse Service.
------------------------------------------------------------------------

       (c) Additional Changes.--Chapter 25 of title 14, United 
     States Code, is further amended--
       (1) by inserting before section 2501 (as so redesignated 
     and transferred under subsection (b)) the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS'';

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

                 ``SUBCHAPTER II--LIGHTHOUSE SERVICE''.

     SEC. 115. PART III.

       Part III of title 14, United States Code, is amended by 
     striking the part designation, the part heading, and the 
     table of chapters at the beginning.

     SEC. 116. CHAPTER 27.

       (a) Initial Matter.--Chapter 27 of title 14, United States 
     Code, is amended by striking the chapter designation, the 
     chapter heading, and the table of sections at the beginning 
     and inserting the following:

  ``CHAPTER 27--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

              ``subchapter i--personnel rights and benefits

``Sec.
``2701. Procurement of personnel.
``2702. Training.
``2703. Contingent expenses.
``2704. Equipment to prevent accidents.
``2705. Clothing at time of discharge for good of service.
``2706. Right to wear uniform.
``2707. Protection of uniform.
``2708. Clothing for officers and enlisted personnel.
``2709. Procurement and sale of stores to members and civilian 
              employees.
``2710. Disposition of effects of decedents.
``2711. Deserters; payment of expenses incident to apprehension and 
              delivery; penalties.
``2712. Payment for the apprehension of stragglers.

                         ``subchapter ii--awards

``2731. Delegation of powers to make awards; rules and regulations.
``2732. Medal of honor.
``2733. Medal of honor: duplicate medal.
``2734. Medal of honor: presentation of Medal of Honor Flag.
``2735. Coast Guard cross.
``2736. Distinguished service medal.
``2737. Silver star medal.
``2738. Distinguished flying cross.
``2739. Coast Guard medal.
``2740. Insignia for additional awards.
``2741. Time limit on award; report concerning deed.
``2742. Honorable subsequent service as condition to award.
``2743. Posthumous awards.
``2744. Life-saving medals.
``2745. Replacement of medals.
``2746. Award of other medals.
``2747. Awards and insignia for excellence in service or conduct.
``2748. Presentation of United States flag upon retirement.

                       ``subchapter iii--payments

``2761. Persons discharged as result of court-martial; allowances to.
``2762. Shore patrol duty; payment of expenses.
``2763. Compensatory absence from duty for military personnel at 
              isolated duty stations.
``2764. Monetary allowance for transportation of household effects.
``2765. Retroactive payment of pay and allowances delayed by 
              administrative error or oversight.
``2766. Travel card management.
``2767. Reimbursement for medical-related travel expenses for certain 
              persons residing on islands in the continental United 
              States.
``2768. Annual audit of pay and allowances of members undergoing 
              permanent change of station.
``2769. Remission of indebtedness.
``2770. Special instruction at universities.
``2771. Attendance at professional meetings.
``2772. Education loan repayment program.
``2773. Rations or commutation therefor in money.
``2774. Sales of ration supplies to messes.
``2775. Flight rations.
``2776. Payments at time of discharge for good of service.
``2777. Clothing for destitute shipwrecked persons.
``2778. Advancement of public funds to personnel.
``2779. Transportation to and from certain places of employment.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 27 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
468...............................  Procurement of                 2701
                                     personnel.
------------------------------------------------------------------------
469...............................  Training.............          2702
------------------------------------------------------------------------
476...............................  Contingent expenses..          2703
------------------------------------------------------------------------
477...............................  Equipment to prevent           2704
                                     accidents.
------------------------------------------------------------------------
482...............................  Clothing at time of            2705
                                     discharge for good
                                     of service.
------------------------------------------------------------------------
483...............................  Right to wear uniform          2706
------------------------------------------------------------------------
484...............................  Protection of uniform          2707
------------------------------------------------------------------------
485...............................  Clothing for officers          2708
                                     and enlisted
                                     personnel.
------------------------------------------------------------------------
487...............................  Procurement and sale           2709
                                     of stores to members
                                     and civilian
                                     employees.
------------------------------------------------------------------------
507...............................  Disposition of                 2710
                                     effects of decedents.
------------------------------------------------------------------------
508...............................  Deserters; payment of          2711
                                     expenses incident to
                                     apprehension and
                                     delivery; penalties.
------------------------------------------------------------------------
644...............................  Payment for the                2712
                                     apprehension of
                                     stragglers.
------------------------------------------------------------------------
499...............................  Delegation of powers           2731
                                     to make awards;
                                     rules and
                                     regulations.
------------------------------------------------------------------------
491...............................  Medal of honor.......          2732
------------------------------------------------------------------------
504...............................  Medal of honor:                2733
                                     duplicate medal.
------------------------------------------------------------------------
505...............................  Medal of honor:                2734
                                     presentation of
                                     Medal of Honor Flag.
------------------------------------------------------------------------
491a..............................  Coast Guard cross....          2735
------------------------------------------------------------------------
492...............................  Distinguished service          2736
                                     medal.
------------------------------------------------------------------------
492a..............................  Silver star medal....          2737
------------------------------------------------------------------------
492b..............................  Distinguished flying           2738
                                     cross.
------------------------------------------------------------------------
493...............................  Coast Guard medal....          2739
------------------------------------------------------------------------
494...............................  Insignia for                   2740
                                     additional awards.
------------------------------------------------------------------------
496...............................  Time limit on award;           2741
                                     report concerning
                                     deed.
------------------------------------------------------------------------
497...............................  Honorable subsequent           2742
                                     service as condition
                                     to award.
------------------------------------------------------------------------
498...............................  Posthumous awards....          2743
------------------------------------------------------------------------
500...............................  Life-saving medals...          2744
------------------------------------------------------------------------
501...............................  Replacement of medals          2745
------------------------------------------------------------------------
502...............................  Award of other medals          2746
------------------------------------------------------------------------
503...............................  Awards and insignia            2747
                                     for excellence in
                                     service or conduct.
------------------------------------------------------------------------
516...............................  Presentation of                2748
                                     United States flag
                                     upon retirement.
------------------------------------------------------------------------

[[Page S2153]]

 
509...............................  Persons discharged as          2761
                                     result of court-
                                     martial; allowances
                                     to.
------------------------------------------------------------------------
510...............................  Shore patrol duty;             2762
                                     payment of expenses.
------------------------------------------------------------------------
511...............................  Compensatory absence           2763
                                     from duty for
                                     military personnel
                                     at isolated duty
                                     stations.
------------------------------------------------------------------------
512...............................  Monetary allowance             2764
                                     for transportation
                                     of household effects.
------------------------------------------------------------------------
513...............................  Retroactive payment            2765
                                     of pay and
                                     allowances delayed
                                     by administrative
                                     error or oversight.
------------------------------------------------------------------------
517...............................  Travel card                    2766
                                     management.
------------------------------------------------------------------------
518...............................  Reimbursement for              2767
                                     medical-related
                                     travel expenses for
                                     certain persons
                                     residing on islands
                                     in the continental
                                     United States.
------------------------------------------------------------------------
519...............................  Annual audit of pay            2768
                                     and allowances of
                                     members undergoing
                                     permanent change of
                                     station.
------------------------------------------------------------------------
461...............................  Remission of                   2769
                                     indebtedness.
------------------------------------------------------------------------
470...............................  Special instruction            2770
                                     at universities.
------------------------------------------------------------------------
471...............................  Attendance at                  2771
                                     professional
                                     meetings.
------------------------------------------------------------------------
472...............................  Education loan                 2772
                                     repayment program.
------------------------------------------------------------------------
478...............................  Rations or                     2773
                                     commutation therefor
                                     in money.
------------------------------------------------------------------------
479...............................  Sales of ration                2774
                                     supplies to messes.
------------------------------------------------------------------------
480...............................  Flight rations.......          2775
------------------------------------------------------------------------
481...............................  Payments at time of            2776
                                     discharge for good
                                     of service.
------------------------------------------------------------------------
486...............................  Clothing for                   2777
                                     destitute
                                     shipwrecked persons.
------------------------------------------------------------------------
488...............................  Advancement of public          2778
                                     funds to personnel.
------------------------------------------------------------------------
660...............................  Transportation to and          2779
                                     from certain places
                                     of employment.
------------------------------------------------------------------------

       (c) Additional Changes.--Chapter 27 of title 14, United 
     States Code, is further amended--
       (1) by inserting before section 2701 (as so redesignated 
     and transferred under subsection (b)) the following:

            ``SUBCHAPTER I--PERSONNEL RIGHTS AND BENEFITS'';

       (2) by inserting before section 2731 (as so redesignated 
     and transferred under subsection (b)) the following:

                       ``SUBCHAPTER II--AWARDS'';

     and
       (3) by inserting before section 2761 (as so redesignated 
     and transferred under subsection (b)) the following:

                     ``SUBCHAPTER III--PAYMENTS''.

     SEC. 117. CHAPTER 29.

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

   ``CHAPTER 29--COAST GUARD FAMILY SUPPORT, CHILD CARE, AND HOUSING

                  ``subchapter i--coast guard families

``Sec.
``2901. Work-life policies and programs.
``2902. Surveys of Coast Guard families.
``2903. Reimbursement for adoption expenses.
``2904. Education and training opportunities for Coast Guard spouses.
``2905. Youth sponsorship initiatives.
``2906. Dependent school children.

                 ``subchapter ii--coast guard child care

``2921. Definitions.
``2922. Child development services.
``2923. Child development center standards and inspections.
``2924. Child development center employees.
``2925. Parent partnerships with child development centers.

                        ``subchapter iii--housing

``2941. Definitions.
``2942. General authority.
``2943. Leasing and hiring of quarters; rental of inadequate housing.
``2944. Retired service members and dependents serving on advisory 
              committees.
``2945. Conveyance of real property.
``2946. Coast Guard Housing Fund.
``2947. Reports.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 29 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
531...............................  Work-life policies             2901
                                     and programs.
------------------------------------------------------------------------
532...............................  Surveys of Coast               2902
                                     Guard families.
------------------------------------------------------------------------
541...............................  Reimbursement for              2903
                                     adoption expenses.
------------------------------------------------------------------------
542...............................  Education and                  2904
                                     training
                                     opportunities for
                                     Coast Guard spouses.
------------------------------------------------------------------------
543...............................  Youth sponsorship              2905
                                     initiatives.
------------------------------------------------------------------------
544...............................  Dependent school               2906
                                     children.
------------------------------------------------------------------------
551...............................  Definitions..........          2921
------------------------------------------------------------------------
552...............................  Child development              2922
                                     services.
------------------------------------------------------------------------
553...............................  Child development              2923
                                     center standards and
                                     inspections.
------------------------------------------------------------------------
554...............................  Child development              2924
                                     center employees.
------------------------------------------------------------------------
555...............................  Parent partnerships            2925
                                     with child
                                     development centers.
------------------------------------------------------------------------
680...............................  Definitions..........          2941
------------------------------------------------------------------------
681...............................  General authority....          2942
------------------------------------------------------------------------
475...............................  Leasing and hiring of          2943
                                     quarters; rental of
                                     inadequate housing.
------------------------------------------------------------------------
680...............................  Retired service                2944
                                     members and
                                     dependents serving
                                     on advisory
                                     committees.
------------------------------------------------------------------------
685...............................  Conveyance of real             2945
                                     property.
------------------------------------------------------------------------
687...............................  Coast Guard Housing            2946
                                     Fund.
------------------------------------------------------------------------
688...............................  Reports..............          2947
------------------------------------------------------------------------

       (c) Additional Changes.--Chapter 29 of title 14, United 
     States Code, is further amended--
       (1) by inserting before section 2901 (as so redesignated 
     and transferred under subsection (b)) the following:

                ``SUBCHAPTER I--COAST GUARD FAMILIES'';

       (2) by inserting before section 2921 (as so redesignated 
     and transferred under subsection (b)) the following:

               ``SUBCHAPTER II--COAST GUARD CHILD CARE'';

     and
       (3) by inserting before section 2941 (as so redesignated 
     and transferred under subsection (b)) the following:

                      ``SUBCHAPTER III--HOUSING''.

     SEC. 118. SUBTITLE III AND CHAPTER 37.

       (a) Initial Matter.--Title 14, United States Code, is 
     further amended by adding after chapter 29 (as amended by 
     section 117) the following:

           ``Subtitle III--Coast Guard Reserve and Auxiliary

``Chap.                                                            Sec.
``37. Coast Guard Reserve......................................3701....

``39. Coast Guard Auxiliary....................................3901....

``41. General Provisions for Coast Guard Reserve and Auxiliary.4101....

                    ``CHAPTER 1--COAST GUARD RESERVE

                     ``subchapter i--administration

``Sec.
``3701. Organization.
``3702. Authorized strength.
``3703. Coast Guard Reserve Boards.
``3704. Grades and ratings; military authority.
``3705. Benefits.
``3706. Temporary members of the Reserve; eligibility and compensation.
``3707. Temporary members of the Reserve; disability or death benefits.
``3708. Temporary members of the Reserve; certificate of honorable 
              service.
``3709. Reserve student aviation pilots; Reserve aviation pilots; 
              appointments in commissioned grade.
``3710. Reserve student pre-commissioning assistance program.
``3711. Appointment or wartime promotion; retention of grade upon 
              release from active duty.
``3712. Exclusiveness of service.
``3713. Active duty for emergency augmentation of regular forces.
``3714. Enlistment of members engaged in schooling.

                       ``subchapter ii--personnel

``3731. Definitions.
``3732. Applicability of this subchapter.

[[Page S2154]]

``3733. Suspension of this subchapter in time of war or national 
              emergency.
``3734. Effect of this subchapter on retirement and retired pay.
``3735. Authorized number of officers.
``3736. Precedence.
``3737. Running mates.
``3738. Constructive credit upon initial appointment.
``3739. Promotion of Reserve officers on active duty.
``3740. Promotion; recommendations of selection boards.
``3741. Selection boards; appointment.
``3742. Establishment of promotion zones under running mate system.
``3743. Eligibility for promotion.
``3744. Recommendation for promotion of an officer previously removed 
              from an active status.
``3745. Qualifications for promotion.
``3746. Promotion; acceptance; oath of office.
``3747. Date of rank upon promotion; entitlement to pay.
``3748. Type of promotion; temporary.
``3749. Effect of removal by the President or failure of consent of the 
              Senate.
``3750. Failure of selection for promotion.
``3751. Failure of selection and removal from an active status.
``3752. Retention boards; removal from an active status to provide a 
              flow of promotion.
``3753. Maximum ages for retention in an active status.
``3754. Rear admiral and rear admiral (lower half); maximum service in 
              grade.
``3755. Appointment of a former Navy or Coast Guard officer.
``3756. Grade on entry upon active duty.
``3757. Recall of a retired officer; grade upon release.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 37 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
701...............................  Organization.........          3701
------------------------------------------------------------------------
702...............................  Authorized strength..          3702
------------------------------------------------------------------------
703...............................  Coast Guard Reserve            3703
                                     Boards.
------------------------------------------------------------------------
704...............................  Grades and ratings;            3704
                                     military authority.
------------------------------------------------------------------------
705...............................  Benefits.............          3705
------------------------------------------------------------------------
706...............................  Temporary members of           3706
                                     the Reserve;
                                     eligibility and
                                     compensation.
------------------------------------------------------------------------
707...............................  Temporary members of           3707
                                     the Reserve;
                                     disability or death
                                     benefits.
------------------------------------------------------------------------
708...............................  Temporary members of           3708
                                     the Reserve;
                                     certificate of
                                     honorable service.
------------------------------------------------------------------------
709...............................  Reserve student                3709
                                     aviation pilots;
                                     Reserve aviation
                                     pilots; appointments
                                     in commissioned
                                     grade.
------------------------------------------------------------------------
709a..............................  Reserve student pre-           3710
                                     commissioning
                                     assistance program.
------------------------------------------------------------------------
710...............................  Appointment or                 3711
                                     wartime promotion;
                                     retention of grade
                                     upon release from
                                     active duty.
------------------------------------------------------------------------
711...............................  Exclusiveness of               3712
                                     service.
------------------------------------------------------------------------
712...............................  Active duty for                3713
                                     emergency
                                     augmentation of
                                     regular forces.
------------------------------------------------------------------------
713...............................  Enlistment of members          3714
                                     engaged in schooling.
------------------------------------------------------------------------
720...............................  Definitions..........          3731
------------------------------------------------------------------------
721...............................  Applicability of this          3732
                                     subchapter.
------------------------------------------------------------------------
722...............................  Suspension of this             3733
                                     subchapter in time
                                     of war or national
                                     emergency.
------------------------------------------------------------------------
723...............................  Effect of this                 3734
                                     subchapter on
                                     retirement and
                                     retired pay.
------------------------------------------------------------------------
724...............................  Authorized number of           3735
                                     officers.
------------------------------------------------------------------------
725...............................  Precedence...........          3736
------------------------------------------------------------------------
726...............................  Running mates........          3737
------------------------------------------------------------------------
727...............................  Constructive credit            3738
                                     upon initial
                                     appointment.
------------------------------------------------------------------------
728...............................  Promotion of Reserve           3739
                                     officers on active
                                     duty.
------------------------------------------------------------------------
729...............................  Promotion;                     3740
                                     recommendations of
                                     selection boards.
------------------------------------------------------------------------
730...............................  Selection boards;              3741
                                     appointment.
------------------------------------------------------------------------
731...............................  Establishment of               3742
                                     promotion zones
                                     under running mate
                                     system.
------------------------------------------------------------------------
732...............................  Eligibility for                3743
                                     promotion.
------------------------------------------------------------------------
733...............................  Recommendation for             3744
                                     promotion of an
                                     officer previously
                                     removed from an
                                     active status.
------------------------------------------------------------------------
734...............................  Qualifications for             3745
                                     promotion.
------------------------------------------------------------------------
735...............................  Promotion;                     3746
                                     acceptance; oath of
                                     office.
------------------------------------------------------------------------
736...............................  Date of rank upon              3747
                                     promotion;
                                     entitlement to pay.
------------------------------------------------------------------------
737...............................  Type of promotion;             3748
                                     temporary.
------------------------------------------------------------------------
738...............................  Effect of removal by           3749
                                     the President or
                                     failure of consent
                                     of the Senate.
------------------------------------------------------------------------
739...............................  Failure of selection           3750
                                     for promotion.
------------------------------------------------------------------------
740...............................  Failure of selection           3751
                                     and removal from an
                                     active status.
------------------------------------------------------------------------
741...............................  Retention boards;              3752
                                     removal from an
                                     active status to
                                     provide a flow of
                                     promotion.
------------------------------------------------------------------------
742...............................  Maximum ages for               3753
                                     retention in an
                                     active status.
------------------------------------------------------------------------
743...............................  Rear admiral and rear          3754
                                     admiral (lower
                                     half); maximum
                                     service in grade.
------------------------------------------------------------------------
744...............................  Appointment of a               3755
                                     former Navy or Coast
                                     Guard officer.
------------------------------------------------------------------------
745...............................  Grade on entry upon            3756
                                     active duty.
------------------------------------------------------------------------
746...............................  Recall of a retired            3757
                                     officer; grade upon
                                     release.
------------------------------------------------------------------------

       (c) Additional Changes.--Chapter 37 of title 14, United 
     States Code, is further amended--
       (1) by inserting before section 3701 (as so redesignated 
     and transferred under subsection (b)) the following:

                   ``SUBCHAPTER I--ADMINISTRATION'';

     and
       (2) by inserting before section 3731 (as so redesignated 
     and transferred under subsection (b)) the following:

                     ``SUBCHAPTER II--PERSONNEL''.

     SEC. 119. CHAPTER 39.

       (a) Initial Matter.--Title 14, United States Code, is 
     further amended by adding after chapter 37 (as added by 
     section 118) the following:

                  ``CHAPTER 39--COAST GUARD AUXILIARY

``Sec.
``3901. Administration of the Coast Guard Auxiliary.
``3902. Purpose of the Coast Guard Auxiliary.
``3903. Eligibility; enrollments.
``3904. Members of the Auxiliary; status.
``3905. Disenrollment.
``3906. Membership in other organizations.
``3907. Use of member's facilities.
``3908. Vessel deemed public vessel.
``3909. Aircraft deemed public aircraft.
``3910. Radio station deemed government station.
``3911. Availability of appropriations.
``3912. Assignment and performance of duties.
``3913. Injury or death in line of duty.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 39 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
821...............................  Administration of the          3901
                                     Coast Guard
                                     Auxiliary.
------------------------------------------------------------------------

[[Page S2155]]

 
822...............................  Purpose of the Coast           3902
                                     Guard Auxiliary.
------------------------------------------------------------------------
823...............................  Eligibility;                   3903
                                     enrollments.
------------------------------------------------------------------------
823a..............................  Members of the                 3904
                                     Auxiliary; status.
------------------------------------------------------------------------
824...............................  Disenrollment........          3905
------------------------------------------------------------------------
825...............................  Membership in other            3906
                                     organizations.
------------------------------------------------------------------------
826...............................  Use of member's                3907
                                     facilities.
------------------------------------------------------------------------
827...............................  Vessel deemed public           3908
                                     vessel.
------------------------------------------------------------------------
828...............................  Aircraft deemed                3909
                                     public aircraft.
------------------------------------------------------------------------
829...............................  Radio station deemed           3910
                                     government station.
------------------------------------------------------------------------
830...............................  Availability of                3911
                                     appropriations.
------------------------------------------------------------------------
831...............................  Assignment and                 3912
                                     performance of
                                     duties.
------------------------------------------------------------------------
832...............................  Injury or death in             3913
                                     line of duty.
------------------------------------------------------------------------

     SEC. 120. CHAPTER 41.

       (a) Initial Matter.--Title 14, United States Code, is 
     further amended by adding after chapter 39 (as added by 
     section 119) the following:

 ``CHAPTER 41--GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY

``Sec.
``4101. Flags; pennants; uniforms and insignia.
``4102. Penalty.
``4103. Limitation on rights of members of the Auxiliary and temporary 
              members of the Reserve.
``4104. Availability of facilities and appropriations.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 41 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
891...............................  Flags; pennants;               4101
                                     uniforms and
                                     insignia.
------------------------------------------------------------------------
892...............................  Penalty..............          4102
------------------------------------------------------------------------
893...............................  Limitation on rights           4103
                                     of members of the
                                     Auxiliary and
                                     temporary members of
                                     the Reserve.
------------------------------------------------------------------------
894...............................  Availability of                4104
                                     facilities and
                                     appropriations.
------------------------------------------------------------------------

     SEC. 121. SUBTITLE IV AND CHAPTER 49.

       (a) Initial Matter.--Title 14, United States Code, is 
     further amended by adding after chapter 41 (as added by 
     section 120) the following:

   ``Subtitle IV--Coast Guard Authorizations and Reports to Congress

``Chap.                                                            Sec.
``49. Authorizations...........................................4901....

``51. Reports..................................................5101....

                      ``CHAPTER 49--AUTHORIZATIONS

``Sec.
``4901. Requirement for prior authorization of appropriations.
``4902. Authorization of appropriations.
``4903. Authorization of personnel end strengths.
``4904. Authorized levels of military strength and training.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 49 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
2701..............................  Requirement for prior          4901
                                     authorization of
                                     appropriations.
------------------------------------------------------------------------
2702..............................  Authorization of               4902
                                     appropriations.
------------------------------------------------------------------------
2703..............................  Authorization of               4903
                                     personnel end
                                     strengths.
------------------------------------------------------------------------
2704..............................  Authorized levels of           4904
                                     military strength
                                     and training.
------------------------------------------------------------------------

     SEC. 122. CHAPTER 51.

       (a) Initial Matter.--Title 14, United States Code, is 
     further amended by adding after chapter 49 (as added by 
     section 121) the following:

                         ``CHAPTER 51--REPORTS

``Sec.
``5101. Transmission of annual Coast Guard authorization request.
``5102. Capital investment plan.
``5103. Major acquisitions.
``5104. Manpower requirements plan.
``5105. Inventory of real property.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 51 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
                                       Section heading
                                        (provided for         Title 14
  Title 14 section number before        identification        section
           redesignation              purposes only-not     number after
                                           amended)        redesignation
------------------------------------------------------------------------
2901..............................  Transmission of                5101
                                     annual Coast Guard
                                     authorization
                                     request.
------------------------------------------------------------------------
2902..............................  Capital investment             5102
                                     plan.
------------------------------------------------------------------------
2903..............................  Major acquisitions...          5103
------------------------------------------------------------------------
2904..............................  Manpower requirements          5104
                                     plan.
------------------------------------------------------------------------
679...............................  Inventory of real              5105
                                     property.
------------------------------------------------------------------------

     SEC. 123. REFERENCES.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Redesignated section.--The term ``redesignated 
     section'' means a section of title 14, United States Code, 
     that is redesignated by this title, as that section is so 
     redesignated.
       (2) Source section.--The term ``source section'' means a 
     section of title 14, United States Code, that is redesignated 
     by this title, as that section was in effect before the 
     redesignation.
       (b) Reference to Source Section.--
       (1) Treatment of reference.--A reference to a source 
     section, including a reference in a regulation, order, or 
     other law, is deemed to refer to the corresponding 
     redesignated section.
       (2) Title 14.--In title 14, United States Code, each 
     reference in the text of such title to a source section is 
     amended by striking such reference and inserting a reference 
     to the appropriate, as determined using the tables located in 
     this title, redesignated section.
       (c) Other Conforming Amendments.--
       (1) Reference to section 182.--Section 1923(c) of title 14, 
     United States Code, as so redesignated by this title, is 
     further amended by striking ``section 182'' and inserting 
     ``section 1922''.
       (2) References to chapter 11.--Title 14, United States 
     Code, is further amended--
       (A) in section 2146(d), as so redesignated by this title, 
     by striking ``chapter 11 of this title'' and inserting ``this 
     chapter''; and
       (B) in section 3739, as so redesignated by this title, by 
     striking ``chapter 11'' each place that it appears and 
     inserting ``chapter 21''.
       (3) Reference to chapter 13.--Section 3705(b) of title 14, 
     United States Code, as so redesignated by this title, is 
     further amended by striking ``chapter 13'' and inserting 
     ``chapter 27''.
       (4) Reference to chapter 15.--Section 308(b)(3) of title 
     14, United States Code, as so redesignated by this title, is 
     further amended by striking ``chapter 15'' and inserting 
     ``chapter 11''.
       (5) References to chapter 19.--Title 14, United States 
     Code, is further amended--
       (A) in section 4901(4), as so redesignated by this title, 
     by striking ``chapter 19'' and inserting ``section 318''; and
       (B) in section 4902(4), as so redesignated by this title, 
     by striking ``chapter 19'' and inserting ``section 318''.
       (6) Reference to chapter 23.--Section 701(a) of title 14, 
     United States Code, as so redesignated by this title, is 
     further amended by striking ``chapter 23'' and inserting 
     ``chapter 39''.

     SEC. 124. RULE OF CONSTRUCTION.

       This title, including the amendments made by this title, is 
     intended only to reorganize title 14, United States Code, and 
     may not be construed to alter--

[[Page S2156]]

       (1) the effect of a provision of title 14, United States 
     Code, including any authority or requirement therein;
       (2) a department or agency interpretation with respect to 
     title 14, United States Code; or
       (3) a judicial interpretation with respect to title 14, 
     United States Code.

                        TITLE II--AUTHORIZATIONS

     SEC. 201. AMENDMENTS TO TITLE 14, UNITED STATES CODE, AS 
                   AMENDED BY TITLE I OF THIS ACT.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or a repeal of, a section or other provision of 
     title 14, United States Code, the reference shall be 
     considered to be made to title 14, United States Code, as 
     amended by title I of this Act.

     SEC. 202. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) In General.--Section 4902 of title 14, United States 
     Code, is amended to read as follows:

     ``Sec. 4902. Authorizations of appropriations

       ``(a) Fiscal Year 2018.--Funds are authorized to be 
     appropriated for fiscal year 2018 for necessary expenses of 
     the Coast Guard as follows:
       ``(1) For the operation and maintenance of the Coast Guard, 
     not otherwise provided for, $7,210,313,000 for fiscal year 
     2018.
       ``(2) For the acquisition, construction, renovation, and 
     improvement of aids to navigation, shore facilities, vessels, 
     and aircraft, including equipment related thereto, and for 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $2,694,745,000 for fiscal year 
     2018.
       ``(3) For the Coast Guard Reserve program, including 
     operations and maintenance of the program, personnel and 
     training costs, equipment, and services, $114,875,000 for 
     fiscal year 2018.
       ``(4) For the environmental compliance and restoration 
     functions of the Coast Guard under chapter 318 of this title, 
     $13,397,000 for fiscal year 2018.
       ``(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, $29,141,000 for fiscal 
     year 2018.
       ``(b) Fiscal Year 2019.--Funds are authorized to be 
     appropriated for fiscal year 2019 for necessary expenses of 
     the Coast Guard as follows:
       ``(1)(A) For the operation and maintenance of the Coast 
     Guard, not otherwise provided for, $7,914,195,000 for fiscal 
     year 2019.
       ``(B) Of the amount authorized under subparagraph (A)--
       ``(i) $16,701,000 shall be for environmental compliance and 
     restoration; and
       ``(ii) $199,360,000 shall be for the Coast Guard's 
     Medicare-eligible retiree health care fund contribution to 
     the Department of Defense.
       ``(2) For the procurement, construction, renovation, and 
     improvement of aids to navigation, shore facilities, vessels, 
     and aircraft, including equipment related thereto, and for 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $2,694,745,000 for fiscal year 
     2019.
       ``(3) To the Commandant 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, $29,141,000 for fiscal 
     year 2019.''.
       (b) Repeal.--On October 1, 2018--
       (1) section 4902(a) of title 14, United States Code, as 
     amended by subsection (a), shall be repealed; and
       (2) subsection 4902(b) of title 14, United States Code, as 
     amended by subsection (a), shall be amended by striking ``(b) 
     Fiscal Year 2019.--''.

     SEC. 203. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
                   TRAINING.

       Section 4904 of title 14, United States Code, is amended--
       (1) in subsection (a), by striking ``for each of fiscal 
     years 2016 and 2017'' and inserting ``for fiscal year 2018 
     and 44,500 for fiscal year 2019''; and
       (2) in subsection (b), by striking ``fiscal years 2016 and 
     2017'' and inserting ``fiscal years 2018 and 2019''.

     SEC. 204. AUTHORIZATION OF AMOUNTS FOR FAST RESPONSE CUTTERS.

       (a) In General.--Of the amounts authorized under section 
     4902 of title 14, United States Code, as amended by this Act, 
     for each of fiscal years 2018 and 2019 up to $167,500,000 is 
     authorized for the acquisition of 3 Fast Response Cutters.
       (b) Treatment of Acquired Cutters.--Any cutters acquired 
     pursuant to subsection (a) shall be in addition to the 58 
     cutters approved under the existing acquisition baseline.

     SEC. 205. AUTHORIZATION OF AMOUNTS FOR SHORESIDE 
                   INFRASTRUCTURE.

       Of the amounts authorized under section 4902 of title 14, 
     United States Code, as amended by this Act, for each of 
     fiscal years 2018 and 2019 up to $167,500,000 is authorized 
     for the Secretary of the department in which the Coast Guard 
     is operating to fund the acquisition, construction, 
     rebuilding, or improvement of Coast Guard shoreside 
     infrastructure and facilities necessary to support Coast 
     Guard operations and readiness.

     SEC. 206. AUTHORIZATION OF AMOUNTS FOR AIRCRAFT IMPROVEMENTS.

       Of the amounts authorized under section 4902 of title 14, 
     United States Code, as amended by this Act, for each of 
     fiscal years 2018 and 2019 up to $3,500,000 is authorized for 
     the Secretary of the department in which the Coast Guard is 
     operating to fund analysis and program development for 
     improvements to or the replacement of rotary-wing aircraft.

                         TITLE III--COAST GUARD

     SEC. 301. AMENDMENTS TO TITLE 14, UNITED STATES CODE, AS 
                   AMENDED BY TITLE I OF THIS ACT.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or a repeal of, a section or other provision of 
     title 14, United States Code, the reference shall be 
     considered to be made to title 14, United States Code, as 
     amended by title I of this Act.

     SEC. 302. PRIMARY DUTIES.

       Section 102(7) of title 14, United States Code, is amended 
     to read as follows:
       ``(7) maintain a state of readiness to assist in the 
     defense of the United States, including when functioning as a 
     specialized service in the Navy pursuant to section 103.''.

     SEC. 303. NATIONAL COAST GUARD MUSEUM.

       Section 316 of title 14, United States Code, is amended to 
     read as follows:

     ``Sec. 316. National Coast Guard Museum

       ``(a) Establishment.--The Commandant may establish a 
     National Coast Guard Museum, on lands which will be federally 
     owned and administered by the Coast Guard, and are located in 
     New London, Connecticut, at, or in close proximity to, the 
     Coast Guard Academy.
       ``(b) Limitation on Expenditures.--
       ``(1) The Secretary shall not expend any funds appropriated 
     to the Coast Guard on the construction of any museum 
     established under this section.
       ``(2) The Secretary shall fund the National Coast Guard 
     Museum with nonappropriated and non-Federal funds to the 
     maximum extent practicable. The priority use of Federal funds 
     should be to preserve and protect historic Coast Guard 
     artifacts, including the design, fabrication, and 
     installation of exhibits or displays in which such artifacts 
     are included.
       ``(3) The Secretary may expend funds appropriated to the 
     Coast Guard on the engineering and design of a National Coast 
     Guard Museum.
       ``(c) Funding Plan.--Before the date on which the 
     Commandant establishes a National Coast Guard Museum under 
     subsection (a), the Commandant shall provide to the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a plan for constructing, operating, 
     and maintaining such a museum, including--
       ``(1) estimated planning, engineering, design, 
     construction, operation, and maintenance costs;
       ``(2) the extent to which appropriated, nonappropriated, 
     and non-Federal funds will be used for such purposes, 
     including the extent to which there is any shortfall in 
     funding for engineering, design, or construction; and
       ``(3) a certification by the Inspector General of the 
     department in which the Coast Guard is operating that the 
     estimates provided pursuant to paragraphs (1) and (2) are 
     reasonable and realistic.
       ``(d) Authority.--The Commandant may not establish a 
     national Coast Guard museum except as set forth in this 
     section.''.

     SEC. 304. UNMANNED AIRCRAFT.

       (a) Land-based Unmanned Aircraft System Program.--Chapter 3 
     of title 14, United States Code, is amended by adding at the 
     end the following:

     ``Sec. 319. Land-based unmanned aircraft system program

       ``(a) In General.--Subject to the availability of 
     appropriations, the Secretary shall establish a land-based 
     unmanned aircraft system program under the control of the 
     Commandant of the Coast Guard.
       ``(b) Unmanned Aircraft System Defined.--In this section, 
     the term `unmanned aircraft system' has the meaning given 
     that term in section 331 of the FAA Modernization and Reform 
     Act of 2012 (49 U.S.C. 40101 note).''.
       (b) Limitation on Unmanned Aircraft Systems.--Chapter 11 of 
     title 14, United States Code, is amended by inserting after 
     section 1154 the following:

     ``Sec. 1155. Limitation on unmanned aircraft systems

       ``(a) In General.--During any fiscal year for which funds 
     are appropriated for the design or construction of an 
     Offshore Patrol Cutter, the Commandant of the Coast Guard--
       ``(1) may not award a contract for design of an unmanned 
     aircraft system for use by the Coast Guard; and
       ``(2) may lease, acquire, or acquire the services of an 
     unmanned aircraft system only if such system--

[[Page S2157]]

       ``(A) has been part of a program of record of, procured by, 
     or used by a Federal entity (or funds for research, 
     development, test, and evaluation have been received from a 
     Federal entity with regard to such system) before the date on 
     which the Commandant leases, acquires, or acquires the 
     services of the system; and
       ``(B) is leased, acquired, or utilized by the Commandant 
     through an agreement with a Federal entity, unless such an 
     agreement is not practicable or would be less cost-effective 
     than an independent contract action by the Coast Guard.
       ``(b) Small Unmanned Aircraft Exemption.--Subsection (a)(2) 
     does not apply to small unmanned aircraft.
       ``(c) Definitions.--In this section, the terms `small 
     unmanned aircraft' and `unmanned aircraft system' have the 
     meanings given those terms in section 331 of the FAA 
     Modernization and Reform Act of 2012 (49 U.S.C. 40101 
     note).''.
       (c) Clerical Amendments.--
       (1) Chapter 3.--The analysis for chapter 3 of title 14, 
     United States Code, is amended by adding at the end the 
     following:

``319. Land-based unmanned aircraft system program.''.
       (2) Chapter 11.--The analysis for chapter 11 of title 14, 
     United States Code, is amended by inserting after the item 
     relating to section 1154 the following:

``1155. Limitation on unmanned aircraft systems.''.
       (d) Conforming Amendment.--Subsection (c) of section 1105 
     of title 14, United States Code, is repealed.

     SEC. 305. COAST GUARD HEALTH-CARE PROFESSIONALS; LICENSURE 
                   PORTABILITY.

       (a) In General.--Chapter 5 of title 14, United States Code, 
     is amended by inserting after section 507 the following:

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

       ``(a) In General.--Notwithstanding any other provision of 
     law regarding the licensure of health-care providers, a 
     health-care professional described in subsection (b) may 
     practice the health profession or professions of the health-
     care professional at any location in any State, the District 
     of Columbia, or a Commonwealth, territory, or possession of 
     the United States, regardless of where such health-care 
     professional or the patient is located, if the practice is 
     within the scope of the authorized Federal duties of such 
     health-care professional.
       ``(b) Described Individuals.--A health-care professional 
     described in this subsection is an individual--
       ``(1) who is--
       ``(A) a member of the Coast Guard;
       ``(B) a civilian employee of the Coast Guard;
       ``(C) a member of the Public Health Service who is assigned 
     to the Coast Guard; or
       ``(D) any other health-care professional credentialed and 
     privileged at a Federal health-care institution or location 
     specially designated by the Secretary; and
       ``(2) who--
       ``(A) has a current license to practice medicine, 
     osteopathic medicine, dentistry, or another health 
     profession; and
       ``(B) is performing authorized duties for the Coast Guard.
       ``(c) Definitions.--In this section, the terms `license' 
     and `health-care professional' have the meanings given those 
     terms in section 1094(e) of title 10.''.
       (b) Clerical Amendment.--The analysis for chapter 5 of 
     title 14, United States Code, is amended by inserting after 
     the item relating to section 507 the following:

``508. Coast Guard health-care professionals; licensure portability.''.
       (c) Electronic Health Records.--
       (1) System.--The Commandant of the Coast Guard is 
     authorized to procure for the Coast Guard an electronic 
     health record system that--
       (A) has been competitively awarded by the Department of 
     Defense; and
       (B) ensures full integration with the Department of Defense 
     electronic health record systems.
       (2) Support services.--
       (A) In general.--The Commandant is authorized to procure 
     support services for the electronic health record system 
     procured under paragraph (1) necessary to ensure full 
     integration with the Department of Defense electronic health 
     record systems.
       (B) Scope.--Support services procured pursuant to this 
     paragraph may include services for the following:
       (i) System integration support.
       (ii) Hosting support.
       (iii) Training, testing, technical, and data migration 
     support.
       (iv) Hardware support.
       (v) Any other support the Commandant considers appropriate.
       (3) Authorized procurement actions.--The Commandant is 
     authorized to procure an electronic health record system 
     under this subsection through the following:
       (A) A task order under the Department of Defense electronic 
     health record contract.
       (B) A sole source contract award.
       (C) An agreement made pursuant to sections 1535 and 1536 of 
     title 31, United States Code.
       (D) A contract or other procurement vehicle otherwise 
     authorized.
       (4) Competition in contracting; exemption.--Procurement of 
     an electronic health record system and support services 
     pursuant to this subsection shall be exempt from the 
     competition requirements of section 2304 of title 10, United 
     States Code.

     SEC. 306. TRAINING; EMERGENCY RESPONSE PROVIDERS.

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

     ``Sec. 718. Training; emergency response providers

       ``(a) In General.--The Commandant of the Coast Guard may, 
     on a reimbursable or a non-reimbursable basis, make a 
     training available to emergency response providers whenever 
     the Commandant determines that--
       ``(1) a member of the Coast Guard, who is scheduled to 
     participate in such training, is unable or unavailable to 
     participate in such training;
       ``(2) no other member of the Coast Guard, who is assigned 
     to the unit to which the member of the Coast Guard who is 
     unable or unavailable to participate in such training is 
     assigned, is able or available to participate in such 
     training; and
       ``(3) such training, if made available to such emergency 
     response providers, would further the goal of 
     interoperability among Federal agencies, non-Federal 
     governmental agencies, or both.
       ``(b) Emergency Response Providers Defined.--In this 
     section, the term `emergency response providers' has the 
     meaning given that term in section 2 of the Homeland Security 
     Act of 2002 (6 U.S.C. 101).
       ``(c) Treatment of Reimbursement.--Any reimbursements for a 
     training that the Coast Guard receives under this section 
     shall be credited to the appropriation used to pay the costs 
     for such training.
       ``(d) Status; Limitation on Liability.--
       ``(1) Status.--Any individual to whom, as an emergency 
     response provider, training is made available under this 
     section, who is not otherwise a Federal employee, shall not, 
     because of that training, be considered a Federal employee 
     for any purpose (including the purposes of chapter 81 of 
     title 5 (relating to compensation for injury) and sections 
     2671 through 2680 of title 28 (relating to tort claims)).
       ``(2) Limitation on liability.--The United States shall not 
     be liable for actions taken by an individual in the course of 
     training made available under this section.''.
       (b) Clerical Amendment.--The analysis for chapter 7 of 
     title 14, United States Code, is amended by adding at the end 
     the following:

``718. Training; emergency response providers.''.

     SEC. 307. INCENTIVE CONTRACTS FOR COAST GUARD YARD AND 
                   INDUSTRIAL ESTABLISHMENTS.

       Section 939 of title 14, United States Code, is amended--
       (1) by inserting before ``The Secretary may'' the 
     following: ``(a) In General.--'';
       (2) in subsection (a), as so designated by paragraph (1) of 
     this section, by striking the period at the end of the last 
     sentence and inserting ``or in accordance with subsection 
     (b).''; and
       (3) by adding at the end the following:
       ``(b) Incentive Contracts.--
       ``(1) The parties to an order for industrial work to be 
     performed by the Coast Guard Yard or a Coast Guard industrial 
     establishment designated under subsection (a) may enter into 
     an order or a cost-plus-incentive-fee order in accordance 
     with this subsection.
       ``(2) If such parties enter into such an order or a cost-
     plus-incentive-fee order, an agreed-upon amount of any 
     adjustment described in subsection (a) may be distributed as 
     an incentive to the wage-grade industrial employees who 
     complete the order.
       ``(3) Before entering into such an order or cost-plus-
     incentive-fee order such parties must agree that the wage-
     grade employees of the Coast Guard Yard or Coast Guard 
     industrial establishment will take action to improve the 
     delivery schedule or technical performance agreed to in the 
     order for industrial work to which such parties initially 
     agreed.
       ``(4) Notwithstanding any other provision of law, if the 
     industrial workforce of the Coast Guard Yard or Coast Guard 
     industrial establishment satisfies the performance target 
     established in such an order or cost-plus-incentive-fee 
     order--
       ``(A) the adjustment to be made pursuant to subsection (a) 
     shall be reduced by an agreed-upon amount and distributed to 
     such wage-grade industrial employees; and
       ``(B) the remainder of the adjustment shall be credited to 
     the appropriation for such order current at that time.''.

     SEC. 308. CONFIDENTIAL INVESTIGATIVE EXPENSES.

       Section 944 of title 14, United States Code, is amended by 
     striking ``$45,000'' and inserting ``$250,000''.

     SEC. 309. REGULAR CAPTAINS; RETIREMENT.

       Section 2149(a) of title 14, United States Code, is 
     amended--
       (1) by striking ``zone is'' and inserting ``zone, or from 
     being placed at the top of the list of selectees promulgated 
     by the Secretary under section 2121(a) of this title, is''; 
     and
       (2) by striking the period at the end and inserting ``or 
     placed at the top of the list of selectees, as applicable.''.

     SEC. 310. CONVERSION, ALTERATION, AND REPAIR PROJECTS.

       (a) In General.--Chapter 9 of title 14, United States Code, 
     as amended by this Act, is further amended by inserting after 
     section 951 the following:

[[Page S2158]]

  


     ``Sec. 952. Construction of Coast Guard vessels and 
       assignment of vessel projects

       ``The assignment of Coast Guard vessel conversion, 
     alteration, and repair projects shall be based on economic 
     and military considerations and may not be restricted by a 
     requirement that certain parts of Coast Guard shipwork be 
     assigned to a particular type of shipyard or geographical 
     area or by a similar requirement.''.
       (b) Clerical Amendment.--The analysis for chapter 9 of 
     title 14, United States Code, is amended by inserting after 
     the item relating to section 951 the following:

``952. Construction of Coast Guard vessels and assignment of vessel 
              projects.''.

     SEC. 311. CONTRACTING FOR MAJOR ACQUISITIONS PROGRAMS.

       (a) General Acquisition Authority.--Section 501(d) of title 
     14, United States Code, is amended by inserting ``aircraft, 
     and systems,'' after ``vessels,''.
       (b) Contracting Authority.--Chapter 11 of title 14, United 
     States Code, as amended by this Act, is further amended by 
     inserting after section 1136 the following:

     ``Sec. 1137. Contracting for major acquisitions programs

       ``(a) In General.--In carrying out authorities provided to 
     the Secretary to design, construct, accept, or otherwise 
     acquire assets and systems under section 501(d), the 
     Secretary, acting through the Commandant of the Coast Guard 
     or the head of an integrated program office established for a 
     major acquisition program, may enter into contracts for a 
     major acquisition program.
       ``(b) Authorized Methods.--Contracts entered into under 
     subsection (a)--
       ``(1) may be block buy contracts;
       ``(2) may be incrementally funded;
       ``(3) may include combined purchases, also known as 
     economic order quantity purchases, of--
       ``(A) materials and components; and
       ``(B) long lead time materials; and
       ``(4) as provided in section 2306b of title 10, may be 
     multiyear contracts.
       ``(c) Subject to Appropriations.--Any contract entered into 
     under subsection (a) shall provide that any obligation of the 
     United States to make a payment under the contract is subject 
     to the availability of amounts specifically provided in 
     advance for that purpose in subsequent appropriations 
     Acts.''.
       (c) Clerical Amendment.--The analysis for chapter 11 of 
     title 14, United States Code, as amended by this Act, is 
     further amended by inserting after the item relating to 
     section 1136 the following:

``1137. Contracting for major acquisitions programs.''.
       (d) Conforming Amendments.--The following provisions are 
     repealed:
       (1) Section 223 of the Howard Coble Coast Guard and 
     Maritime Transportation Act of 2014 (14 U.S.C. 1152 note), 
     and the item relating to that section in the table of 
     contents in section 2 of such Act.
       (2) Section 221(a) of the Coast Guard and Maritime 
     Transportation Act of 2012 (14 U.S.C. 1133 note).
       (3) Section 207(a) of the Coast Guard Authorization Act of 
     2016 (14 U.S.C. 561 note).
       (e) Internal Regulations and Policy.--Not later than 180 
     days after the date of enactment of this Act, the Secretary 
     of the department in which the Coast Guard is operating shall 
     establish the internal regulations and policies necessary to 
     exercise the authorities provided under this section, 
     including the amendments made in this section.
       (f) Multiyear Contracts.--The Secretary of the department 
     in which the Coast Guard is operating is authorized to enter 
     into a multiyear contract for the procurement of a tenth, 
     eleventh, and twelfth National Security Cutter and associated 
     government-furnished equipment.

     SEC. 312. OFFICER PROMOTION ZONES.

       Section 2111(a) of title 14, United States Code, is amended 
     by striking ``six-tenths.'' and inserting ``one-half.''.

     SEC. 313. CROSS REFERENCE.

       Section 2129(a) of title 14, United States Code, is amended 
     by inserting ``designated under section 2317'' after 
     ``cadet''.

     SEC. 314. COMMISSIONED SERVICE RETIREMENT.

       For Coast Guard officers who retire in fiscal year 2018 or 
     2019, the President may reduce the period of active 
     commissioned service required under section 2152 of title 14, 
     United States Code, to a period of not less than 8 years.

     SEC. 315. LEAVE FOR BIRTH OR ADOPTION OF CHILD.

       (a) Policy.--Section 2512 of title 14, United States Code, 
     is amended--
       (1) by striking ``Not later than 1 year'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsection (b), 
     not later than 1 year''; and
       (2) by adding at the end the following:
       ``(b) Leave Associated With Birth or Adoption of Child.--
     Notwithstanding subsection (a), sections 701 and 704 of title 
     10, or any other provision of law, all officers and enlisted 
     members of the Coast Guard shall be authorized leave 
     associated with the birth or adoption of a child during the 
     1-year period immediately following such birth or adoption 
     and, at the discretion of the Commanding Officer, such 
     officer or enlisted member shall be permitted--
       ``(1) to take such leave in increments; and
       ``(2) to use flexible work schedules (pursuant to a program 
     established by the Secretary in accordance with chapter 61 of 
     title 5).''.
       (b) Flexible Work Schedules.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary of the 
     department in which the Coast Guard is operating shall ensure 
     that a flexible work schedule program under chapter 61 of 
     title 5, United States Code, is in place for officers and 
     enlisted members of the Coast Guard.

     SEC. 316. CLOTHING AT TIME OF DISCHARGE.

       Section 2705 of title 14, United States Code, and the item 
     relating to that section in the analysis for chapter 27 of 
     that title, are repealed.

     SEC. 317. UNFUNDED PRIORITIES LIST.

       (a) In General.--Section 5102 of title 14, United States 
     Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--On the date on which the President 
     submits to Congress a budget pursuant to section 1105 of 
     title 31, the Commandant of the Coast Guard shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a capital 
     investment plan for the Coast Guard that identifies for each 
     capital asset for which appropriations are proposed in that 
     budget--
       ``(1) the proposed appropriations included in the budget;
       ``(2) the total estimated cost of completion based on the 
     proposed appropriations included in the budget;
       ``(3) projected funding levels for each fiscal year for the 
     next 5 fiscal years or until project completion, whichever is 
     earlier;
       ``(4) an estimated completion date based on the proposed 
     appropriations included in the budget; and
       ``(5) an acquisition program baseline, as applicable.''; 
     and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Definitions.--In this section, the term `new capital 
     asset' means--
       ``(1) an acquisition program that does not have an approved 
     acquisition program baseline; or
       ``(2) the acquisition of a capital asset in excess of the 
     number included in the approved acquisition program 
     baseline.''.
       (b) Unfunded Priorities.--Chapter 51 of title 14, United 
     States Code, is amended by adding at the end the following:

     ``Sec. 5106. Unfunded priorities list

       ``(a) In General.--On the date on which the President 
     submits to Congress a budget pursuant to section 1105 of 
     title 31, the Commandant of the Coast Guard shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a list of each 
     unfunded priority for the Coast Guard.
       ``(b) Prioritization.--The list required under subsection 
     (a) shall present the unfunded priorities in order from the 
     highest priority to the lowest, as determined by the 
     Commandant.
       ``(c) Unfunded Priority Defined.--In this section, the term 
     `unfunded priority' means a program or mission requirement 
     that--
       ``(1) has not been selected for funding in the applicable 
     proposed budget;
       ``(2) is necessary to fulfill a requirement associated with 
     an operational need; and
       ``(3) the Commandant would have recommended for inclusion 
     in the applicable proposed budget had additional resources 
     been available or had the requirement emerged before the 
     budget was submitted.''.
       (c) Clerical Amendment.--The analysis for chapter 51 of 
     title 14, United States Code, is amended by adding at the end 
     the following:

``5106. Unfunded priorities list.''.

     SEC. 318. SAFETY OF VESSELS OF THE ARMED FORCES.

       (a) In General.--Section 527 of title 14, United States 
     Code, is amended--
       (1) in the heading, by striking ``naval vessels'' and 
     inserting ``vessels of the Armed Forces'';
       (2) in subsection (a), by striking ``United States naval 
     vessel'' and inserting ``vessel of the Armed Forces'';
       (3) in subsection (b)--
       (A) by striking ``senior naval officer present in command'' 
     and inserting ``senior officer present in command''; and
       (B) by striking ``United States naval vessel'' and 
     inserting ``vessel of the Armed Forces''; and
       (4) by adding at the end the following:
       ``(e) For purposes of this title, the term `vessel of the 
     Armed Forces' means--
       ``(1) any vessel owned or operated by the Department of 
     Defense or the Coast Guard, other than a time- or voyage-
     chartered vessel; and
       ``(2) any vessel owned and operated by the Department of 
     Transportation that is designated by the Secretary of the 
     department in which the Coast Guard is operating as a vessel 
     equivalent to a vessel described in paragraph (1).''.
       (b) Clerical Amendment.--The analysis for chapter 5 of 
     title 14, United States Code, is further amended by striking 
     the item relating to section 527 and inserting the following:

``527. Safety of vessels of the Armed Forces.''.
       (c) Conforming Amendments.--Section 2510(a)(1) of title 14, 
     United States Code, is amended--
       (1) by striking ``armed forces'' and inserting ``Armed 
     Forces''; and

[[Page S2159]]

       (2) by striking ``section 101(a) of title 10'' and 
     inserting ``section 527(e)''.

     SEC. 319. PROTECTING AGAINST UNMANNED AIRCRAFT.

       (a) In General.--Chapter 5 of title 14, United States Code, 
     as amended by this Act, is further amended by inserting after 
     section 527 the following:

     ``Sec. 528. Protecting against unmanned aircraft

       ``(a) Authority.--Notwithstanding title 18 (including 
     section 32, section 1030, sections 2510-2522, and sections 
     3121-3127), and section 46502 of title 49, the Secretary, or 
     the Secretary's designee, may take such actions described in 
     subsection (c)(1) as are necessary to mitigate the threat, as 
     defined by the Secretary in consultation with the Secretary 
     of Transportation, that an unmanned aircraft system or 
     unmanned aircraft poses to the safety or security of a 
     covered vessel or aircraft.
       ``(b) Coordination With the Secretary of Transportation.--
     The Secretary, or the Secretary's designee, shall coordinate 
     with the Secretary of Transportation, including the 
     Administrator of the Federal Aviation Administration, before 
     issuing any guidance or implementing any program or 
     procedures to carry out this section that might affect 
     aviation safety, civilian aviation and aerospace operations, 
     aircraft airworthiness, or the use of the airspace.
       ``(c) Actions Described.--
       ``(1) The actions described in this paragraph are the 
     following:
       ``(A) Detect, identify, monitor, and track the unmanned 
     aircraft system or unmanned aircraft, without prior consent, 
     including by means of intercept or other access of a wire, 
     oral, or electronic communication used to control the 
     unmanned aircraft system or unmanned aircraft.
       ``(B) Warn the operator of the unmanned aircraft system or 
     unmanned aircraft, including by passive or active, and direct 
     or indirect physical, electronic, radio, and electromagnetic 
     means.
       ``(C) Disrupt control of the unmanned aircraft system or 
     unmanned aircraft, without prior consent, including by 
     disabling the unmanned aircraft system or unmanned aircraft 
     by intercepting, interfering, or causing interference with 
     wire, oral, electronic, or radio communications used to 
     control the unmanned aircraft system or unmanned aircraft.
       ``(D) Seize or exercise control of the unmanned aircraft 
     system or unmanned aircraft.
       ``(E) Seize or otherwise confiscate the unmanned aircraft 
     system or unmanned aircraft.
       ``(F) Use reasonable force to disable, damage, or destroy 
     the unmanned aircraft system or unmanned aircraft.
       ``(2) The Secretary shall develop the actions described in 
     paragraph (1) in coordination with the Secretary of 
     Transportation.
       ``(d) Forfeiture.--Any unmanned aircraft system or unmanned 
     aircraft described in subsection (a) that is seized by the 
     Secretary is subject to forfeiture to the United States.
       ``(e) Regulations.--The Secretary and the Secretary of 
     Transportation may prescribe regulations and shall issue 
     guidance in the respective areas of each Secretary to carry 
     out this section. The Secretary and the Secretary of 
     Transportation shall coordinate in the development of such 
     guidance.
       ``(f) Definitions.--In this section:
       ``(1) The term `covered vessel or aircraft' means a vessel 
     or aircraft that--
       ``(A)(i) is a vessel or aircraft operated by the Coast 
     Guard; or
       ``(ii) is a vessel the Coast Guard is assisting or 
     escorting;
       ``(B) is located in the United States (including the 
     territories and possessions of the United States); and
       ``(C) is directly involved in a mission of the Coast Guard 
     pertaining to--
       ``(i) assisting or escorting a vessel of the Department of 
     Defense;
       ``(ii) assisting or escorting a vessel of national security 
     significance, a high interest vessel, a high capacity 
     passenger vessel, or a high value unit, as those terms are 
     defined by the Secretary;
       ``(iii) section 91(a) of this title;
       ``(iv) assistance in protecting the President or the Vice 
     President (or other officer next in order of succession to 
     the Office of the President) pursuant to the Presidential 
     Protection Assistance Act of 1976 (18 U.S.C. 3056 note);
       ``(v) protection of a National Special Security Event, as 
     designated by the Secretary;
       ``(vi) air defense of the United States, including air 
     sovereignty, ground-based air defense, and the National 
     Capital Region integrated air defense system; or
       ``(vii) a search and rescue operation.
       ``(2) The terms `electronic communication', `intercept', 
     `oral communication', and `wire communication' have the 
     meaning given those terms in section 2510 of title 18.
       ``(3) The term `National Special Security Event' has the 
     meaning given the term in section 2001 of the Homeland 
     Security Act of 2002 (6 U.S.C. 601).
       ``(4) The terms `unmanned aircraft' and `unmanned aircraft 
     system' have the meanings given those terms in section 331 of 
     the FAA Modernization and Reform Act of 2012 (Public Law 112-
     95; 49 U.S.C. 40101 note).
       ``(g) Preservation of Appropriate Authority.--
       ``(1) Nothing in this section may be construed to vest in 
     the Secretary any authority of the Secretary of 
     Transportation or the Administrator of the Federal Aviation 
     Administration under title 49.
       ``(2) Nothing in this section may be construed to vest in 
     the Secretary of Transportation or the Administrator of the 
     Federal Aviation Administration any authority of the 
     Secretary under title 14.
       ``(h) Privacy Protection.--Regulations or guidance issued 
     under subsection (e) shall ensure that--
       ``(1) the interception or acquisition of or access to 
     communications to or from an unmanned aircraft system under 
     this section is conducted in a manner consistent with the 
     Fourth Amendment to the United States Constitution and 
     applicable Federal law;
       ``(2) communications to or from an unmanned aircraft system 
     are intercepted, acquired, or accessed only to the extent 
     necessary to support a function of the Department;
       ``(3) records of such communications are not maintained for 
     more than 180 days unless the Secretary determines that 
     maintenance of such records--
       ``(A) is necessary to support one or more functions of the 
     Department; or
       ``(B) is required for a longer period to support a civilian 
     law enforcement agency or by any other applicable law or 
     regulation; and
       ``(4) such communications are not disclosed outside the 
     Department unless the disclosure--
       ``(A) would fulfill a function of the Department;
       ``(B) would support a civilian law enforcement agency or 
     enforcement activities of a regulatory agency in connection 
     with a criminal or civil investigation of, or any regulatory 
     action with regard to, any activity described under 
     subsection (c); or
       ``(C) is otherwise required by law or regulation.
       ``(i) Semi-annual Briefings Required.--
       ``(1) Not less than 180 days after the date of the 
     enactment of the Coast Guard Authorization Act of 2017, and 
     every 6 months thereafter until the authority terminates 
     pursuit to subsection (j), the Secretary and the Secretary of 
     Transportation shall jointly provide a briefing to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives on the activities carried out 
     pursuant to this section. Such briefings shall include--
       ``(A) policies, programs, and procedures to mitigate or 
     eliminate impacts of such activities to the National Airspace 
     System;
       ``(B) a description of each instance where an action 
     described in subsection (c)(1) has been taken;
       ``(C) how the Secretaries have informed the public as to 
     the possible use of authorities under this section; and
       ``(D) how the Secretaries have engaged with Federal, State, 
     and local law enforcement agencies to implement and use such 
     authorities.
       ``(2) Each briefing under paragraph (1) shall be in 
     unclassified form, but may be accompanied by an additional 
     classified briefing.
       ``(j) Termination of Authority.--The authority pursuant to 
     this section shall expire on December 31, 2020, for 
     Department missions unless the President of the United States 
     certifies to Congress, not less than 45 days prior to the 
     expiration date that retaining authority pursuant to this 
     section is in the national security interests of the United 
     States, thereby extending the authority for those mission 
     areas an additional 180 days.''.
       (b) Clerical Amendment.--The analysis for chapter 5 of 
     title 14, United States Code, as amended by this Act, is 
     further amended by inserting after the item relating to 
     section 527 the following:

``528. Protecting against unmanned aircraft.''.

     SEC. 320. AIR FACILITIES.

       Section 912 of title 14, United States Code, is amended--
       (1) by striking subsection (a);
       (2) by redesignating subsections (b) and (c) as subsections 
     (a) and (b), respectively;
       (3) in subsection (a) as redesignated--
       (A) by amending paragraph (3) to read as follows:
       ``(3) Public notice and comment.--
       ``(A) In general.--Prior to closing an air facility, the 
     Secretary shall provide opportunities for public comment, 
     including the convening of public meetings in communities in 
     the area of responsibility of the air facility with regard to 
     the proposed closure or cessation of operations at the air 
     facility.
       ``(B) Public meetings.--Prior to convening a public meeting 
     under subparagraph (A), the Secretary shall notify each 
     congressional office representing any portion of the area of 
     responsibility of the air station that is the subject to such 
     public meeting of the schedule and location of such public 
     meeting.'';
       (B) in paragraph (4)--
       (i) in the matter preceding subparagraph (A) by striking 
     ``2015'' and inserting ``2017''; and
       (ii) by amending subparagraph (A) to read as follows:
       ``(A) submit to the Congress a proposal for such closure, 
     cessation, or reduction in operations along with the budget 
     of the President submitted to Congress under section 1105(a) 
     of title 31 that includes--
       ``(i) a discussion of the determination made by the 
     Secretary pursuant to paragraph (2); and
       ``(ii) a report summarizing the public comments received by 
     the Secretary under paragraph (3)''; and

[[Page S2160]]

       (C) by adding at the end the following:
       ``(5) Congressional review.--The Secretary may not close, 
     cease operations, or significantly reduce personnel and use 
     of a Coast Guard air facility for which a written notice is 
     provided under paragraph (4)(A) until a period of 18 months 
     beginning on the date on which such notice is provided has 
     elapsed.''.

                  TITLE IV--PORTS AND WATERWAYS SAFETY

     SEC. 401. CODIFICATION OF PORTS AND WATERWAYS SAFETY ACT.

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

               ``CHAPTER 700--PORTS AND WATERWAYS SAFETY

                    ``subchapter a--vessel operations

``70001. Vessel traffic services.
``70002. Special powers.
``70003. Port access routes.
``70004. Considerations by Secretary.
``70005. International agreements.

               ``subchapter b--ports and waterways safety

``70011. Waterfront safety.
``70012. Navigational hazards.
``70013. Requirement to notify Coast Guard of release of objects into 
              the navigable waters of the United States.

   ``subchapter c--condition for entry into ports in the united states

``70021. Conditions for entry to ports in the united states.

  ``subchapter d--definitions, regulations, enforcement, investigatory 
                         powers, applicability

``70031. Definitions.
``70032. Saint Lawrence Seaway.
``70033. Limitation on application to foreign vessels.
``70034. Regulations.
``70035. Investigatory powers.
``70036. Enforcement.

                   ``SUBCHAPTER I--VESSEL OPERATIONS

     ``Sec. 70001. Vessel traffic services

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

     ``Sec. 70002. Special powers

       ``The Secretary may order any vessel, in a port or place 
     subject to the jurisdiction of the United States or in the 
     navigable waters of the United States, to operate or anchor 
     in a manner the Secretary directs if--
       ``(1) the Secretary has reasonable cause to believe such 
     vessel does not comply with any regulation issued under 
     section 70034 or any other applicable law or treaty;
       ``(2) the Secretary determines such vessel does not satisfy 
     the conditions for port entry set forth in section 70021 of 
     this title; or
       ``(3) by reason of weather, visibility, sea conditions, 
     port congestion, other hazardous circumstances, or the 
     condition of such vessel, the Secretary is satisfied such 
     direction is justified in the interest of safety.

     ``Sec. 70003. Port access routes

       ``(a) Authority To Designate.--Except as provided in 
     subsection (b) and subject to the requirements of subsection 
     (c), in order to provide safe access routes for the movement 
     of vessel traffic proceeding to or from ports or places 
     subject to the jurisdiction of the United States, the 
     Secretary shall designate necessary fairways and traffic 
     separation schemes for vessels operating in the territorial 
     sea of the United States and in high seas approaches, outside 
     the territorial sea, to such ports or places. Such a 
     designation shall recognize, within the designated area, the 
     paramount right of navigation over all other uses.
       ``(b) Limitation.--
       ``(1) In general.--No designation may be made by the 
     Secretary under this section if--
       ``(A) the Secretary determines such a designation, as 
     implemented, would deprive any person of the effective 
     exercise of a right granted by a lease or permit executed or 
     issued under other applicable provisions of law; and
       ``(B) such right has become vested before the time of 
     publication of the notice required by paragraph (1) of 
     subsection (c).
       ``(2) Consultation required.--The Secretary shall make the 
     determination under paragraph (1)(A) after consultation with 
     the head of the agency responsible for executing the lease or 
     issuing the permit.
       ``(c) Consideration of Other Uses.--Before making a 
     designation under subsection (a), and in accordance with the 
     requirements of section 70004, the Secretary shall--
       ``(1) undertake a study of the potential traffic density 
     and the need for safe access routes for vessels in any area 
     for which fairways or traffic separation schemes are proposed 
     or that may otherwise be considered and publish notice of 
     such undertaking in the Federal Register;
       ``(2) in consultation with the Secretary of State, the 
     Secretary of the Interior, the Secretary of Commerce, the 
     Secretary of the Army, and the Governors of affected States, 
     as their responsibilities may require, take into account all 
     other uses of the area under consideration, including, as 
     appropriate, the exploration for, or exploitation of, oil, 
     gas, or other mineral resources, the construction or 
     operation of deepwater ports or other structures on or above 
     the seabed or subsoil of the submerged lands or the Outer 
     Continental Shelf of the United States, the establishment or 
     operation of marine or estuarine sanctuaries, and activities 
     involving recreational or commercial fishing; and
       ``(3) to the extent practicable, reconcile the need for 
     safe access routes with the needs of all other reasonable 
     uses of the area involved.
       ``(d) Study.--In carrying out the Secretary's 
     responsibilities under subsection (c), the Secretary shall--
       ``(1) proceed expeditiously to complete any study 
     undertaken; and

[[Page S2161]]

       ``(2) after completion of such a study, promptly--
       ``(A) issue a notice of proposed rulemaking for the 
     designation contemplated; or
       ``(B) publish in the Federal Register a notice that no 
     designation is contemplated as a result of the study and the 
     reason for such determination.
       ``(e) Implementation of Designation.--In connection with a 
     designation made under this section, the Secretary--
       ``(1) shall issue reasonable rules and regulations 
     governing the use of such designated areas, including rules 
     and regulations regarding the applicability of rules 9 and 10 
     of the International Regulations for Preventing Collisions at 
     Sea, 1972, relating to narrow channels and traffic separation 
     schemes, respectively, in waters where such regulations 
     apply;
       ``(2) to the extent that the Secretary finds reasonable and 
     necessary to effectuate the purposes of the designation, make 
     the use of designated fairways and traffic separation schemes 
     mandatory for specific types and sizes of vessels, foreign 
     and domestic, operating in the territorial sea of the United 
     States and for specific types and sizes of vessels of the 
     United States operating on the high seas beyond the 
     territorial sea of the United States;
       ``(3) may, from time to time, as necessary, adjust the 
     location or limits of designated fairways or traffic 
     separation schemes in order to accommodate the needs of other 
     uses that cannot be reasonably accommodated otherwise, except 
     that such an adjustment may not, in the judgment of the 
     Secretary, unacceptably adversely affect the purpose for 
     which the existing designation was made and the need for 
     which continues; and
       ``(4) shall, through appropriate channels--
       ``(A) notify cognizant international organizations of any 
     designation, or adjustment thereof; and
       ``(B) take action to seek the cooperation of foreign States 
     in making it mandatory for vessels under their control to 
     use, to the same extent as required by the Secretary for 
     vessels of the United States, any fairway or traffic 
     separation scheme designated under this section in any area 
     of the high seas.

     ``Sec. 70004. Considerations by Secretary

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

     ``Sec. 70005. International agreements

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

              ``SUBCHAPTER II--PORTS AND WATERWAYS SAFETY

     ``Sec. 70011. Waterfront safety

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

     ``Sec. 70012. Navigational hazards

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

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

       ``(a) Requirement.--As soon as a person has knowledge of 
     any release from a vessel or facility into the navigable 
     waters of the United States of any object that creates an 
     obstruction prohibited under section 10 of the Act of March 
     3, 1899, popularly known as

[[Page S2162]]

     the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 
     403), such person shall notify the Secretary and the 
     Secretary of the Army of such release.
       ``(b) Restriction on Use of Notification.--Any notification 
     provided by an individual in accordance with subsection (a) 
     may not be used against such individual in any criminal case, 
     except a prosecution for perjury or for giving a false 
     statement.

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

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

       ``(a) In General.--No vessel that is subject to chapter 37 
     shall operate in the navigable waters of the United States or 
     transfer cargo or residue in any port or place under the 
     jurisdiction of the United States, if such vessel--
       ``(1) has a history of accidents, pollution incidents, or 
     serious repair problems that, as determined by the Secretary, 
     creates reason to believe that such vessel may be unsafe or 
     may create a threat to the marine environment;
       ``(2) fails to comply with any applicable regulation issued 
     under section 70034, chapter 37, or any other applicable law 
     or treaty;
       ``(3) discharges oil or hazardous material in violation of 
     any law of the United States or in a manner or quantities 
     inconsistent with any treaty to which the United States is a 
     party;
       ``(4) does not comply with any applicable vessel traffic 
     service requirements;
       ``(5) is manned by one or more officers who are licensed by 
     a certificating State that the Secretary has determined, 
     pursuant to section 9101 of title 46, does not have standards 
     for licensing and certification of seafarers that are 
     comparable to or more stringent than United States standards 
     or international standards that are accepted by the United 
     States;
       ``(6) is not manned in compliance with manning levels as 
     determined by the Secretary to be necessary to insure the 
     safe navigation of the vessel; or
       ``(7) while underway, does not have at least one licensed 
     deck officer on the navigation bridge who is capable of 
     clearly understanding English.
       ``(b) Exceptions.--
       ``(1) In general.--The Secretary may allow provisional 
     entry of a vessel that is not in compliance with subsection 
     (a), if the owner or operator of such vessel proves, to the 
     satisfaction of the Secretary, that such vessel is not unsafe 
     or a threat to the marine environment, and if such entry is 
     necessary for the safety of the vessel or persons aboard.
       ``(2) Provisions not applicable.--Paragraphs (1), (2), (3), 
     and (4) of subsection (a) of this section shall not apply to 
     a vessel allowed provisional entry under paragraph (1) if the 
     owner or operator of such vessel proves, to the satisfaction 
     of the Secretary, that such vessel is no longer unsafe or a 
     threat to the marine environment, and is no longer in 
     violation of any applicable law, treaty, regulation, or 
     condition, as appropriate.

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

     ``Sec. 70031. Definitions

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

     ``Sec. 70032. Saint Lawrence Seaway

       ``The authority granted to the Secretary under sections 
     70001, 70002, 70003, 7004, and 70011 may not be delegated 
     with respect to the Saint Lawrence Seaway to any agency other 
     than the Saint Lawrence Seaway Development Corporation. Any 
     other authority granted the Secretary under subchapters A 
     through C and this subchapter shall be delegated by the 
     Secretary to the Saint Lawrence Seaway Development 
     Corporation to the extent the Secretary determines such 
     delegation is necessary for the proper operation of the Saint 
     Lawrence Seaway.

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

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

     ``Sec. 70034. Regulations

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

     ``Sec. 70035. Investigatory powers

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

     ``Sec. 70036. Enforcement

       ``(a) Civil Penalty.--
       ``(1) In general.--Any person who is found by the 
     Secretary, after notice and an opportunity for a hearing, to 
     have violated subchapters A through C or this subchapter or a 
     regulation issued under subchapters A through C or this 
     subchapter shall be liable to the United States for a civil 
     penalty, not to exceed $25,000 for each violation. Each day 
     of a continuing violation shall constitute a separate 
     violation. The amount of such civil penalty shall be assessed 
     by the Secretary, or the Secretary's designee, by written 
     notice. In determining the amount of such penalty, the 
     Secretary shall take into account the nature, circumstances, 
     extent, and gravity of the prohibited acts committed and, 
     with respect to the violator, the degree of culpability, any 
     history of prior offenses, ability to pay, and such other 
     matters as justice may require.
       ``(2) Compromise, modification, or remission.--The 
     Secretary may compromise, modify, or remit, with or without 
     conditions, any civil penalty that is subject to imposition 
     or that has been imposed under this section.
       ``(3) Failure to pay penalty.--If any person fails to pay 
     an assessment of a civil penalty after it has become final, 
     the Secretary may refer the matter to the Attorney General of 
     the United States, for collection in any appropriate district 
     court of the United States.
       ``(b) Criminal Penalty.--
       ``(1) Class d felony.--Any person who willfully and 
     knowingly violates subchapters A through C or this subchapter 
     or any regulation issued thereunder commits a class D felony.
       ``(2) Class c felony.--Any person who, in the willful and 
     knowing violation of subchapters A through C or this 
     subchapter or of any regulation issued thereunder, uses a 
     dangerous weapon, or engages in conduct that causes bodily 
     injury or fear of imminent bodily injury to any officer 
     authorized to enforce the provisions of such a subchapter or 
     the regulations issued under such subchapter, commits a class 
     C felony.
       ``(c) In Rem Liability.--Any vessel that is used in 
     violation of subchapters A, B, or C or this subchapter, or 
     any regulations issued under such subchapter, shall be liable 
     in rem for any civil penalty assessed pursuant to subsection 
     (a) and may be proceeded against in the United States 
     district court for any district in which such vessel may be 
     found.
       ``(d) Injunction.--The United States district courts shall 
     have jurisdiction to restrain violations of subchapter A, B, 
     or C or this subchapter or of regulations issued under such 
     subchapter, for cause shown.

[[Page S2163]]

       ``(e) Denial of Entry.--Except as provided in section 
     70021, the Secretary may, subject to recognized principles of 
     international law, deny entry by any vessel that is not in 
     compliance with subchapter A, B, or C or this subchapter or 
     the regulations issued under such subchapter--
       ``(1) into the navigable waters of the United States; or
       ``(2) to any port or place under the jurisdiction of the 
     United States.
       ``(f) Withholding of Clearance.--
       ``(1) In general.--If any owner, operator, or individual in 
     charge of a vessel is liable for a penalty or fine under this 
     section, or if reasonable cause exists to believe that the 
     owner, operator, or individual in charge may be subject to a 
     penalty or fine under this section, the Secretary of the 
     Treasury, upon the request of the Secretary, shall with 
     respect to such vessel refuse or revoke any clearance 
     required by section 60105 of title 46.
       ``(2) Granting clearance refused or revoked.--Clearance 
     refused or revoked under this subsection may be granted upon 
     filing of a bond or other surety satisfactory to the 
     Secretary.''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     such subtitle is amended by inserting before the item 
     relating to chapter 701 the following:

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

     SEC. 402. CONFORMING AMENDMENTS.

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

``3105. Electronic charts.''.
       (b) Port, Harbor, and Coastal Facility Security.--
       (1) Transfer of provisions.--So much of section 7 of the 
     Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes 
     subsection (c) of that section is redesignated as section 
     70116 of title 46, United States Code, and transferred so as 
     to replace section 70116 of that title, as in effect before 
     the enactment of this Act.
       (2) Definitions, administration, and enforcement.--Section 
     70116 of title 46, United States Code, as amended by 
     paragraph (1) of this subsection, is amended by adding at the 
     end the following:
       ``(c) Definitions, Administration, and Enforcement.--This 
     section shall be treated as part of chapter 700 for purposes 
     of sections 70031, 70032, 70034, 70035, and 70036.''.
       (3) Clerical amendment.--The analysis at the beginning of 
     chapter 701 of such title is amended by striking the item 
     relating to section 70116 and inserting the following:

``70116. Port, harbor, and coastal facility security.''.
       (c) Nondisclosure of Port Security Plans.--Subsection (c) 
     of section 7 of the Ports and Waterways Safety Act (33 U.S.C. 
     1226), as so designated before the application of subsection 
     (b)(1) of this section--
       (1) is redesignated as subsection (f) of section 70103 of 
     title 46, United States Code, and transferred so as to appear 
     after subsection (e) of such section; and
       (2) is amended by striking ``this Act'' and inserting 
     ``this chapter''.
       (d) Repeal.--Section 2307 of title 46, United States Code, 
     and the item relating to that section in the analysis at the 
     beginning of chapter 23 of that title, are repealed.
       (e) Repeal.--The Ports and Waterways Safety Act (33 U.S.C. 
     1221-1231, 1232-1232b), as amended by this Act, is repealed.

     SEC. 403. TRANSITIONAL AND SAVINGS PROVISIONS.

       (a) Definitions.--In this section:
       (1) Source provision.--The term ``source provision'' means 
     a provision of law that is replaced by a title 46 provision 
     under this title.
       (2) Title 46 provision.--The term ``title 46 provision'' 
     means a provision of title 46, United States Code, that is 
     enacted by section 402.
       (b) Cutoff Date.--The title 46 provisions replace certain 
     provisions of law enacted before the date of the enactment of 
     this Act. If a law enacted after that date amends or repeals 
     a source provision, that law is deemed to amend or repeal, as 
     the case may be, the corresponding title 46 provision. If a 
     law enacted after that date is otherwise inconsistent with a 
     title 46 provision or a provision of this title, that law 
     supersedes the title 46 provision or provision of this title 
     to the extent of the inconsistency.
       (c) Original Date of Enactment Unchanged.--For purposes of 
     determining whether one provision of law supersedes another 
     based on enactment later in time, a title 46 provision is 
     deemed to have been enacted on the date of enactment of the 
     source provision that the title 46 provision replaces.
       (d) References to Title 46 Provisions.--A reference to a 
     title 46 provision, including a reference in a regulation, 
     order, or other law, is deemed to refer to the corresponding 
     source provision.
       (e) References to Source Provisions.--A reference to a 
     source provision, including a reference in a regulation, 
     order, or other law, is deemed to refer to the corresponding 
     title 46 provision.
       (f) Regulations, Orders, and Other Administrative 
     Actions.--A regulation, order, or other administrative action 
     in effect under a source provision continues in effect under 
     the corresponding title 46 provision.
       (g) Actions Taken and Offenses Committed.--An action taken 
     or an offense committed under a source provision is deemed to 
     have been taken or committed under the corresponding title 46 
     provision.

     SEC. 404. RULE OF CONSTRUCTION.

       This title, including the amendments made by this title, is 
     intended only to transfer provisions of the Ports and 
     Waterways Safety Act to title 46, United States Code, and may 
     not be construed to alter--
       (1) the effect of a provision of the Ports and Waterways 
     Safety Act, including any authority or requirement therein;
       (2) a department or agency interpretation with respect to 
     the Ports and Waterways Safety Act; or
       (3) a judicial interpretation with respect to the Ports and 
     Waterways Safety Act.

     SEC. 405. ADVISORY COMMITTEE: REPEAL.

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

     SEC. 406. REGATTAS AND MARINE PARADES.

       (a) In General.--Chapter 700 of title 46, United States 
     Code, as established by section 401 of this Act, is amended 
     by adding at the end the following:

              ``SUBCHAPTER V--REGATTAS AND MARINE PARADES

     ``Sec. 70041. Regattas and marine parades

       ``(a) In General.--The Commandant of the Coast Guard may 
     issue regulations to promote the safety of life on navigable 
     waters during regattas or marine parades.
       ``(b) Detail and Use of Vessels.--To enforce regulations 
     issued under this section--
       ``(1) the Commandant may detail any public vessel in the 
     service of the Coast Guard and make use of any private vessel 
     tendered gratuitously for that purpose; and
       ``(2) upon the request of the Commandant, the head of any 
     other Federal department or agency may enforce the 
     regulations by means of any public vessel of such department 
     and any private vessel tendered gratuitously for that 
     purpose.
       ``(c) Transfer of Authority.--The authority of the 
     Commandant under this section may be transferred by the 
     President for any special occasion to the head of another 
     Federal department or agency whenever in the President's 
     judgment such transfer is desirable.
       ``(d) Penalties.--
       ``(1) In general.--For any violation of regulations issued 
     pursuant to this section the following penalties shall be 
     incurred:
       ``(A) A licensed officer shall be liable to suspension or 
     revocation of license in the manner prescribed by law for 
     incompetency or misconduct.
       ``(B) Any person in charge of the navigation of a vessel 
     other than a licensed officer shall be liable to a penalty of 
     $5,000.
       ``(C) The owner of a vessel (including any corporate 
     officer of a corporation owning the vessel) actually on board 
     shall be liable to a penalty of $5,000, unless the violation 
     of regulations occurred without the owner's knowledge.
       ``(D) Any other person shall be liable to a penalty of 
     $2,500.
       ``(2) Mitigation or remission.--The Commandant may mitigate 
     or remit any penalty provided for in this subsection in the 
     manner prescribed by law for the mitigation or remission of 
     penalties for violation of the navigation laws.''.
       (b) Clerical Amendment.--The analysis for chapter 700 of 
     title 46, United States Code, as established by section 401 
     of this Act, is amended by adding at the end the following:

              ``subchapter e--regattas and marine parades

``70041. Regattas and marine parades.''.
       (c) Repeal.--The Act of April 28, 1908 (35 Stat. 69, 
     chapter 151; 33 U.S.C. 1233 et seq.), is repealed.

     SEC. 407. REGULATION OF VESSELS IN TERRITORIAL WATERS OF 
                   UNITED STATES.

       (a) Establishment of Subchapter F.--Chapter 700 of title 
     46, United States Code, as established by section 401 of this 
     Act, is amended by adding at the end the following:

``SUBCHAPTER VI--REGULATION OF VESSELS IN TERRITORIAL WATERS OF UNITED 
                                 STATES

     ``Sec. 70054. Definitions

       ``In this subchapter:
       ``(1) United states.--The term `United States' includes all 
     territory and waters, continental or insular, subject to the 
     jurisdiction of the United States.
       ``(2) Territorial waters.--The term `territorial waters of 
     the United States' includes all waters of the territorial sea 
     of the United States as described in Presidential 
     Proclamation 5928 of December 27, 1988.''.
       (b) Regulation of Anchorage and Movement of Vessels During 
     National Emergency.--Section 1 of title II of the Act of June 
     15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 191), is 
     amended--

[[Page S2164]]

       (1) by striking the section designation and all that 
     follows before ``by proclamation'' and inserting the 
     following:

     ``Sec. 70051. Regulation of anchorage and movement of vessels 
       during national emergency

       ``Whenever the President'';
       (2) by striking ``of the Treasury'';
       (3) by striking ``of the department in which the Coast 
     Guard is operating'';
       (4) by striking ``this title'' and inserting ``this 
     subchapter''; and
       (5) by transferring the section so that the section appears 
     before section 70054 of title 46, United States Code (as 
     added by subsection (a) of this section).
       (c) Seizure and Forfeiture of Vessel; Fine and 
     Imprisonment.--Section 2 of title II of the Act of June 15, 
     1917 (40 Stat. 220, chapter 30; 50 U.S.C. 192), is amended--
       (1) by striking the section designation and all that 
     follows before ``agent,'' and inserting the following:

     ``Sec. 70052. Seizure and forfeiture of vessel; fine and 
       imprisonment

       ``(a) In General.--If any owner,'';
       (2) by striking ``this title'' each place it appears and 
     inserting ``this subchapter''; and
       (3) by transferring the section so that the section appears 
     after section 70051 of title 46, United States Code (as 
     transferred by subsection (b) of this section).
       (d) Enforcement Provisions.--Section 4 of title II of the 
     Act of June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 
     194), is amended--
       (1) by striking all before ``may employ'' and inserting the 
     following:

     ``Sec. 70053. Enforcement provisions

       ``The President'';
       (2) by striking ``the purpose of this title'' and inserting 
     ``this subchapter''; and
       (3) by transferring the section so that the section appears 
     after section 70052 of title 46, United States Code (as 
     transferred by subsection (c) of this section).
       (e) Clerical Amendment.--The analysis for chapter 700 of 
     title 46, United States Code, as established by section 401 
     of this Act, is amended by adding at the end the following:

 ``subchapter f--regulation of vessels in territorial waters of united 
                                 states

``70051. Regulation of anchorage and movement of vessels during 
              national emergency.
``70052. Seizure and forfeiture of vessel; fine and imprisonment.
``70053. Enforcement provisions.
``70054. Definitions.''.

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

       (a) Transfer of Provisions.--So much of section 7 of the 
     Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes 
     subsection (c) of that section is redesignated as section 
     70102a of title 46, United States Code, and transferred so as 
     to appear after section 70102 of that title.
       (b) Definitions, Administration, and Enforcement.--Section 
     70102a of title 46, United States Code, as amended by 
     paragraph (1) of this subsection, is amended by adding at the 
     end the following:
       ``(c) Definitions, Administration, and Enforcement.--This 
     section shall be treated as part of chapter 700 for purposes 
     of sections 70031, 70032, 70034, 70035, and 70036.''.
       (c) Clerical Amendment.--The analysis at the beginning of 
     chapter 701 of such title is amended by inserting after the 
     item relating to section 70102 the following:

``70102a. Port, harbor, and coastal facility security.''.
       (d) Nondisclosure of Port Security Plans.--Subsection (c) 
     of section 7 of the Ports and Waterways Safety Act (33 U.S.C. 
     1226), as so designated before the application of subsection 
     (b)(1) of this section--
       (1) is redesignated as subsection (f) of section 70103 of 
     title 46, United States Code, and transferred so as to appear 
     after subsection (e) of such section; and
       (2) is amended by striking ``this Act'' and inserting 
     ``this chapter''.

                TITLE V--MARITIME TRANSPORTATION SAFETY

     SEC. 501. CONSISTENCY IN MARINE INSPECTIONS.

       (a) In General.--Section 3305 of title 46, United States 
     Code, is amended by adding at the end the following:
       ``(d)(1) The Commandant of the Coast Guard shall ensure 
     that Officers in Charge, Marine Inspections consistently 
     interpret regulations and standards under this subtitle and 
     chapter 700 to avoid disruption and undue expense to 
     industry.
       ``(2)(A) Subject to subparagraph (B), in the event of a 
     disagreement regarding the condition of a vessel or the 
     interpretation of a regulation or standard referred to in 
     subsection (a) between a local Officer in Charge, Marine 
     Inspection conducting an inspection of the vessel and the 
     Officer in Charge, Marine Inspection that issued the most 
     recent certificate of inspection for the vessel, such 
     Officers shall seek to resolve such disagreement.
       ``(B) If a disagreement described in subparagraph (A) 
     involves vessel design or plan review, the Coast Guard marine 
     safety center shall be included in all efforts to resolve 
     such disagreement.
       ``(C) If a disagreement described in subparagraph (A) or 
     (B) cannot be resolved, the local Officer in Charge, Marine 
     Inspection shall submit to the Commandant of the Coast Guard, 
     through the cognizant Coast Guard district commander, a 
     request for a final agency determination of the matter in 
     disagreement.
       ``(3) The Commandant of the Coast Guard shall--
       ``(A) provide to each person affected by a decision or 
     action by an Officer in Charge, Marine Inspection or by the 
     Coast Guard marine safety center all information necessary 
     for such person to exercise any right to appeal such decision 
     or action; and
       ``(B) if such an appeal is filed, process such appeal under 
     parts 1 through 4 of title 46, Code of Federal Regulations, 
     as in effect on the date of enactment of the Coast Guard 
     Authorization Act of 2017.
       ``(4) In this section, the term `Officer in Charge, Marine 
     Inspection' means any person from the civilian or military 
     branch of the Coast Guard who--
       ``(A) is designated as such by the Commandant; and
       ``(B) under the superintendence and direction of the 
     cognizant Coast Guard district commander, is in charge of an 
     inspection zone for the performance of duties with respect to 
     the inspections under, and enforcement and administration of, 
     subtitle II, chapter 700, and regulations under such laws.''.
       (b) Report on Marine Inspector Training.--Not later than 1 
     year after the date of the enactment of this Act, the 
     Commandant of the Coast Guard shall submit to the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report on the training, 
     experience, and qualifications required for assignment as a 
     marine inspector under section 312 of title 14, United States 
     Code, including--
       (1) a description of any continuing education requirement, 
     including a specific list of the required courses;
       (2) a description of the training, including a specific 
     list of the included courses, offered to a journeyman or an 
     advanced journeyman marine inspector to advance inspection 
     expertise;
       (3) a description of any training that was offered in the 
     15-year period before the date of the enactment of this Act, 
     but is no longer required or offered, including a specific 
     list of the included courses, including the senior marine 
     inspector course and any plan review courses;
       (4) a justification for why a course described in paragraph 
     (3) is no longer required or offered; and
       (5) a list of the course content the Commandant considers 
     necessary to promote consistency among marine inspectors in 
     an environment of increasingly complex vessels and vessel 
     systems.

     SEC. 502. UNINSPECTED PASSENGER VESSELS IN ST. LOUIS COUNTY, 
                   MINNESOTA.

       Section 4105 of title 46, United States Code, amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) In applying this title with respect to an uninspected 
     vessel of less than 25 feet overall in length that carries 
     passengers on Crane Lake or waters contiguous to such lake in 
     St. Louis County, Minnesota, the Secretary shall substitute 
     `12 passengers' for `6 passengers' each place it appears in 
     section 2101(42).''.

     SEC. 503. ENGINE CUT-OFF SWITCH REQUIREMENTS.

       (a) In General.--Chapter 43 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 4312. Engine cut-off switches

       ``(a) Installation Requirement.--A manufacturer, 
     distributor, or dealer that installs propulsion machinery and 
     associated starting controls on a covered recreational vessel 
     shall equip such vessel with an engine cut-off switch and 
     engine cut-off switch link that meet American Boat and Yacht 
     Council Standard A-33, as in effect on the date of the 
     enactment of the Coast Guard Authorization Act of 2017.
       ``(b) Education on Cut-off Switches.--The Commandant of the 
     Coast Guard, through the National Boating Safety Advisory 
     Committee established under section 15105, may initiate a 
     boating safety program on the use and benefits of cut-off 
     switches for recreational vessels.
       ``(c) Availability of Standard for Inspection.--
       ``(1) In general.--Not later than 90 days after the date of 
     the enactment of this section, the Commandant shall transmit 
     American Boat and Yacht Council Standard A-33, as in effect 
     on the date of enactment of the Coast Guard Authorization Act 
     of 2017, to--
       ``(A) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       ``(B) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(C) the Coast Guard Office of Design and Engineering 
     Standards; and
       ``(D) the National Archives and Records Administration.
       ``(2) Availability.--The standard submitted under paragraph 
     (1) shall be kept on file and available for public inspection 
     at such Coast Guard office and the National Archives and 
     Records Administration.
       ``(d) Definitions.--In this section:
       ``(1) Covered recreational vessel.--The term `covered 
     recreational vessel' means a recreational vessel that is--
       ``(A) less than 26 feet overall in length; and

[[Page S2165]]

       ``(B) capable of developing 115 pounds or more of static 
     thrust.
       ``(2) Dealer.--The term `dealer' means any person who is 
     engaged in the sale and distribution of recreational vessels 
     or associated equipment to purchasers whom the seller in good 
     faith believes to be purchasing any such vessel or associated 
     equipment for purposes other than resale.
       ``(3) Distributor.--The term `distributor' means any person 
     engaged in the sale and distribution of recreational vessels 
     and associated equipment for the purposes of resale.
       ``(4) Manufacturer.--The term `equipment manufacturer' 
     means any person engaged in the manufacture, construction, or 
     assembly of recreational vessels or associated equipment, or 
     the importation of recreational vessels into the United 
     States for subsequent sale.
       ``(5) Propulsion machinery.--The term `propulsion 
     machinery' means a self-contained propulsion system, and 
     includes, but is not limited to, inboard engines, outboard 
     motors, and sterndrive engines.
       ``(6) Static thrust.--The term `static thrust' means the 
     forward or backwards thrust developed by propulsion machinery 
     while stationary.''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     such chapter is amended by adding at the end the following:

``4312. Engine cut-off switches.''.
       (c) Effective Date.--Section 4312 of title 46, United 
     States Code, as amended by this section, shall take effect 
     one year after the date of the enactment of this Act.

     SEC. 504. EXCEPTION FROM SURVIVAL CRAFT REQUIREMENTS.

       Section 4502(b) of title 46, United States Code, is 
     amended--
       (1) in paragraph (2)(B), by striking ``a survival craft'' 
     and inserting ``subject to paragraph (3), a survival craft'';
       (2) by adding at the end the following:
       ``(3) Except for a nonapplicable vessel, an auxiliary craft 
     shall satisfy the equipment requirement under paragraph 
     (2)(B) if such craft is--
       ``(A) necessary for normal fishing operations;
       ``(B) readily accessible during an emergency; and
       ``(C) capable, in accordance with the Coast Guard capacity 
     rating, when applicable, of safely holding all individuals on 
     board the vessel to which the craft functions as an 
     auxiliary.''; and
       (3) by adding at the end the following:
       ``(k) For the purposes of this section, the term `auxiliary 
     craft' means a vessel that is carried onboard a fishing 
     vessel and is normally used to support fishing operations.''.

     SEC. 505. SAFETY STANDARDS.

       Section 4502(f) of title 46, United States Code, is amended 
     by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) shall examine at dockside a vessel described in 
     subsection (b) at least once every 5 years, but may require 
     an exam at dockside every 2 years for certain vessels 
     described in subsection (b) if requested by the owner or 
     operator; and
       ``(3) shall issue a certificate of compliance to a vessel 
     meeting the requirements of this chapter and satisfying the 
     requirements in paragraph (2).''.

     SEC. 506. FISHING SAFETY GRANTS.

       Section 4502 of title 46, United States Code, is amended--
       (1) in subsections (i) and (j), by striking ``Secretary'' 
     each place it appears and inserting ``Secretary of Health and 
     Human Services'';
       (2) in subsection (i)(2), as amended by paragraph (1), by 
     inserting ``, in consultation with and based on criteria 
     established by the Commandant of the Coast Guard'' after 
     ``Health and Human Services'';
       (3) in subsection (i)(3), by striking ``75'' and inserting 
     ``50'';
       (4) in subsection (i)(4), by striking ``$3,000,000 for each 
     of fiscal years 2015 through 2017'' and inserting 
     ``$3,000,000 for each of fiscal years 2018 through 2019'';
       (5) in subsection (j)(2), as amended by paragraph (1), by 
     inserting ``, in consultation with and based on criteria 
     established by the Commandant of the Coast Guard,'' after 
     ``Health and Human Services'';
       (6) in subsection (j)(3), by striking ``75'' and inserting 
     ``50''; and
       (7) in subsection (j)(4), by striking ``$3,000,000 for each 
     fiscal years 2015 through 2017'' and inserting ``$3,000,000 
     for each of fiscal years 2018 through 2019''.

     SEC. 507. FISHING, FISH TENDER, AND FISH PROCESSING VESSEL 
                   CERTIFICATION.

       (a) Nonapplication.--Section 4503(c)(2)(A) of title 46, 
     United States Code, is amended by striking ``79'' and 
     inserting ``180''.
       (b) Determining When Keel Is Laid.--Section 4503(f) of 
     title 46, United States Code, as redesignated by section 508 
     of this Act, is further amended to read as follows:
       ``(f)(1) For purposes of this section and section 4503a, 
     the term `built' means, with respect to a vessel, that the 
     vessel's construction has reached any of the following 
     stages:
       ``(A) The vessel's keel is laid.
       ``(B) Construction identifiable with the vessel has begun 
     and assembly of that vessel has commenced comprising of at 
     least 50 metric tons or one percent of the estimated mass of 
     all structural material, whichever is less.
       ``(2) In the case of a vessel greater than 79 feet overall 
     in length, for purposes of paragraph (1)(A) a keel is deemed 
     to be laid when a marine surveyor affirms that a structure 
     adequate for serving as a keel for such vessel is in place 
     and identified for use in the construction of such vessel.''.

     SEC. 508. DEADLINE FOR COMPLIANCE WITH ALTERNATE SAFETY 
                   COMPLIANCE PROGRAM.

       (a) In General.--Section 4503(d) of title 46, United States 
     Code, is redesignated as section 4503a and transferred to 
     appear after section 4503 of such title.
       (b) Fishing, Fish Tender, and Fish Processing Vessel 
     Certification.--Section 4503 of title 46, United States Code, 
     is amended--
       (1) by redesignating subsections (e), (f), and (g) as 
     subsections (d), (e), and (f), respectively;
       (2) in subsection (b), by striking ``subsection (d)'' and 
     inserting ``section 4503a'';
       (3) in subsection (c)(2)(B)(ii)(I), by striking 
     ``subsection (e)'' and inserting ``subsection (d)'';
       (4) in subsection (c)(2)(B)(ii)(II), by striking 
     ``subsection (f)'' and inserting ``subsection (e)'';
       (5) in subsection (e)(1), as amended by paragraph (1) of 
     this subsection, by striking ``subsection (e)'' each place it 
     appears and inserting ``subsection (d)''; and
       (6) in subsection (e)(2), as amended by paragraph (1) of 
     this subsection, by striking ``subsection (e)'' each place it 
     appears and inserting ``subsection (d)'';
       (c) Alternate Safety Compliance Program.--Section 4503a of 
     title 46, United States Code, as redesignated and transferred 
     by subsection (a) of this section, is amended--
       (1) by redesignating paragraphs (1), (2), (3), (4), and (5) 
     as subsections (a), (b), (c), (d), and (e), respectively;
       (2) by inserting before subsection (a), as so redesignated, 
     the following:

     ``Sec. 4503a. Alternate safety compliance program'';

       (3) in subsection (a), as redesignated by paragraph (1) of 
     this subsection, by striking ``After January 1, 2020,'' and 
     all that follows through ``the Secretary, if'' and inserting 
     ``Subject to subsection (c), beginning on the date that is 3 
     years after the date that the Secretary prescribes an 
     alternate safety compliance program, a fishing vessel, fish 
     processing vessel, or fish tender vessel to which section 
     4502(b) of this title applies shall comply with such an 
     alternate safety compliance program, if'';
       (4) in subsection (a), as so redesignated, by redesignating 
     subparagraphs (A), (B), and (C) as paragraphs (1), (2), and 
     (3), respectively;
       (5) in subsection (b), as so redesignated, by striking 
     ``establishes standards for an alternate safety compliance 
     program, shall comply with such an alternative safety 
     compliance program that is developed in cooperation with the 
     commercial fishing industry and prescribed by the Secretary'' 
     and inserting ``prescribes an alternate safety compliance 
     program under subsection (a), shall comply with such an 
     alternate safety compliance program'';
       (6) by amending subsection (c), as so redesignated, to read 
     as follows:
       ``(c) For purposes of subsection (a), a separate alternate 
     safety compliance program may be developed for a specific 
     region or specific fishery.'';
       (7) in subsection (d), as so redesignated--
       (A) by striking ``paragraph (1)'' and inserting 
     ``subsection (a)''; and
       (B) by striking ``that paragraph'' each place it appears 
     and inserting ``that subsection'';
       (8) in subsection (e), as so redesignated, by--
       (A) inserting ``is not eligible to participate in an 
     alternative safety compliance program prescribed under 
     subsection (a) and'' after ``July 1, 2012''; and
       (B) redesignating subparagraphs (A) and (B) as paragraphs 
     (1) and (2), respectively;
       (9) by adding at the end the following:
       ``(f) For the purposes of this section, the term `built' 
     has the meaning given that term in section 4503(f).''.
       (d) Clerical Amendment.--The analysis at the beginning of 
     chapter 45 of such title is amended by inserting after the 
     item relating to section 4503 the following

``4503a. Alternate safety compliance program.''.
       (e) Conforming Amendment.--Section 3104 of title 46, United 
     States Code, is amended by striking ``section 4503(e)'' and 
     inserting ``section 4503(d)''.
       (f) Final Rule.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall issue a final rule 
     implementing the requirements enumerated in section 4503(d) 
     of title 46, as amended by subsection (b)(1) of this section.
       (g) Alternate Safety Compliance Program Status Report.--
       (1) In general.--Not later than January 1, 2019, the 
     Secretary of the department in which the Coast Guard is 
     operating shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the status of the development of the 
     alternate safety compliance program directed by section 4503a 
     of title 46, United States Code, as redesignated by 
     subsection (c).
       (2) Contents.--The report required under paragraph (1) 
     shall include discussion of--
       (A) steps taken in the rulemaking process to establish the 
     alternate safety compliance program;

[[Page S2166]]

       (B) communication and collaboration between the Coast 
     Guard, the department in which the Coast Guard is operating, 
     and the commercial fishing vessel industry regarding the 
     development of the alternate safety compliance program;
       (C) consideration given to developing alternate safety 
     compliance programs for specific regions and fisheries, as 
     authorized in section 4503a(c) of such title, as redesignated 
     by subsection (c);
       (D) any identified legislative changes necessary to 
     implement an effective alternate safety compliance program; 
     and
       (E) the timeline and planned actions that will be taken to 
     implement regulations necessary to fully establish an 
     alternate safety compliance program before January 1, 2020.

     SEC. 509. TERMINATION OF UNSAFE OPERATIONS; TECHNICAL 
                   CORRECTION.

       Section 4505(2) of title 46, United States Code, is 
     amended--
       (1) by striking ``4503(1)'' and inserting ``4503(a)(2)''; 
     and
       (2) by inserting before the period the following: ``, 
     except that this paragraph shall not apply with respect to a 
     vessel to which section 4503a applies''.

     SEC. 510. TECHNICAL CORRECTIONS: LICENSES, CERTIFICATES OF 
                   REGISTRY, AND MERCHANT MARINER DOCUMENTS.

       Title 46, United States Code, is amended--
       (1) in section 7106(b), by striking ``merchant mariner's 
     document,'' and inserting ``license,'';
       (2) in section 7107(b), by striking ``merchant mariner's 
     document,'' and inserting ``certificate of registry,'';
       (3) in section 7507(b)(1), by striking ``licenses or 
     certificates of registry'' and inserting ``merchant mariner 
     documents''; and
       (4) in section 7507(b)(2) by striking ``merchant mariner's 
     document.'' and inserting ``license or certificate of 
     registry.''.

     SEC. 511. ABANDONED SEAFARERS FUND AMENDMENTS.

       Section 11113 of title 46, United States Code, is amended--
       (1) in subsection (a)(2), in the matter preceding 
     subparagraph (A), by striking ``may be appropriated to the 
     Secretary'' and inserting ``shall be available to the 
     Secretary without further appropriation, and shall remain 
     available until expended,'';
       (2) in subsection (a)(4)(A), by striking ``paragraph (2)'' 
     and inserting ``paragraph (3)''; and
       (3) in subsection (c)(2)(B)--
       (A) by striking ``section 2(9)(a)'' and inserting ``section 
     2(a)(9)(a)''; and
       (B) by striking ``33 U.S.C. 1901(9)(a)'' and inserting ``33 
     U.S.C. 1901(a)(9)(a)''.

     SEC. 512. CLARIFICATION OF LOGBOOK ENTRIES.

       (a) In General.--Section 11304 of title 46, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``an official logbook, 
     which'' and inserting ``a logbook, which may be in any form, 
     including electronic, and''; and
       (2) in subsection (b), by amending paragraph (3) to read as 
     follows:
       ``(3) Each illness of, and injury to, a seaman of the 
     vessel, the nature of the illness or injury, and the medical 
     treatment provided for the injury or illness.''.
       (b) Technical Amendment.--Section 11304(b) is amended by 
     striking ``log book'' and inserting ``logbook''.

     SEC. 513. CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL 
                   VESSELS.

       Section 12105 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(e) Effective Period.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), a certificate of documentation issued under this part is 
     valid for a 1-year period and may be renewed for additional 
     1-year periods.
       ``(2) Recreational vessels.--
       ``(A) In general.--A certificate of documentation for a 
     recreational vessel and the renewal of such a certificate 
     shall be effective for a 5-year period.
       ``(B) Phase-in period.--During the period beginning January 
     1, 2019, and ending December 31, 2021, the owner or operator 
     of a recreational vessel may choose a period of effectiveness 
     of between 1 and 5 years for such a certificate of 
     documentation for such vessel or the renewal thereof.
       ``(C) Fees.--
       ``(i) Requirement.--The Secretary shall assess and collect 
     a fee--

       ``(I) for the issuance of a certificate of documentation 
     for a recreational vessel that is equivalent to the fee 
     established for the issuance of a certificate of 
     documentation under section 2110; and
       ``(II) for the renewal of a certificate of documentation 
     for a recreational vessel that is equivalent to the number of 
     years of effectiveness of the certificate of documentation 
     multiplied by the fee established for the renewal of a 
     certificate of documentation under section 2110.

       ``(ii) Treatment.--Fees collected under this subsection--

       ``(I) shall be credited to the account from which the costs 
     of such issuance or renewal were paid; and
       ``(II) may remain available until expended.

       ``(3) Notice of change in information.--
       ``(A) Requirement.--The owner of a vessel shall notify the 
     Coast Guard of each change in the information on which the 
     issuance of the certificate of documentation for the vessel 
     is based that occurs before the expiration of the certificate 
     under this subsection, by not later than 30 days after such 
     change.
       ``(B) Termination of certificate.--The certificate of 
     documentation for a vessel shall terminate upon the 
     expiration of such 30-day period if the owner has not 
     notified the Coast Guard of such change before the end of 
     such period.
       ``(4) State and local authority to remove abandoned and 
     derelict vessels.--Nothing in this section shall be construed 
     to limit the authority of a State or local authority from 
     taking action to remove an abandoned or derelict vessel.''.

     SEC. 514. NUMBERING FOR UNDOCUMENTED BARGES.

       Section 12301(b) of title 46, United States Code, is 
     amended--
       (1) by striking ``shall'' and inserting ``may''; and
       (2) by inserting ``of'' after ``barge''.

     SEC. 515. BACKUP GLOBAL POSITIONING SYSTEM.

       (a) Short Title.--This section may be cited as the 
     ``National Timing Resilience and Security Act of 2018''.
       (b) In General.--Chapter 3 of title 49, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 312. Alternative timing system

       ``(a) In General.--Subject to the availability of 
     appropriations and not later than 3 years after the date of 
     the enactment of the National Timing Resilience and Security 
     Act of 2018, the Secretary shall establish a land-based, 
     resilient, and reliable alternative timing system--
       ``(1) to reduce critical dependencies on, and provide a 
     complement to and backup for, the timing component of the 
     Global Positioning System; and
       ``(2) to ensure the availability of uncorrupted and non-
     degraded timing signals for military and civilian users in 
     the event that GPS timing signals are corrupted, degraded, 
     unreliable, or otherwise unavailable.
       ``(b) Establishment of Requirements.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the National Timing Resilience and Security 
     Act of 2018, the Secretary shall establish requirements for 
     the procurement of a land-based complement to and backup for 
     the timing component of GPS.
       ``(2) Requirements.--The Secretary shall consider the 
     following requirements for the system, to the degree 
     practicable:
       ``(A) Be wireless.
       ``(B) Be terrestrial.
       ``(C) Provide wide-area coverage.
       ``(D) Be synchronized with coordinated universal time.
       ``(E) Be resilient and extremely difficult to disrupt or 
     degrade.
       ``(F) Be able to penetrate underground and inside 
     buildings.
       ``(G) Be capable of deployment to remote locations.
       ``(H) Incorporate the expertise of the private sector with 
     respect to development, building, and installation.
       ``(I) Be interoperable with and complement other similar 
     positioning, navigation, and timing systems, including 
     enhanced long-range navigation systems and Nationwide 
     Differential GPS systems.
       ``(J) Be available for use by Federal and non-Federal 
     government agencies for public purposes at no cost.
       ``(K) Be capable of adaptation and expansion to provide 
     position and navigation capabilities.
       ``(L) Incorporate the recommendations and next actions from 
     any GPS back-up capability demonstration program initiated 
     and completed by the Secretary, in coordination with other 
     Federal agencies.
       ``(M) Incorporate such other requirements determined 
     necessary by the Secretary.
       ``(c) Implementation Plan.--Not later than 1 year after the 
     date of enactment of the National Timing Resilience and 
     Security Act of 2018, the Secretary shall provide to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a plan to implement the 
     establishment of the system authorized by subsection (a). 
     Such plan shall describe the work necessary to provide a 
     follow-on complementary and backup positioning and navigation 
     capability.
       ``(d) Funding.--
       ``(1) In general.--The Secretary of the department in which 
     the Coast Guard is operating shall transfer, without 
     reimbursement, to the Secretary to carry out this section the 
     following:
       ``(A) Notwithstanding section 914 of title 14, or any other 
     provision of law, such infrastructure comprising the Long-
     Range Navigation (LORAN) system, including any real and 
     personal property under the administrative control of the 
     Coast Guard and used for the LORAN system, as the Secretary 
     determines necessary for the purposes described in subsection 
     (a).
       ``(B) Any funds specifically appropriated or made available 
     for the purposes described in subsection (a), and such funds 
     shall remain available until expended, without fiscal year 
     limitation.
       ``(2) Liabilities and responsibilities.--
       ``(A) Nothing in this subsection may 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)).
       ``(B) The Secretary shall assume all environmental 
     compliance and restoration responsibilities and liabilities 
     associated with real property transferred under paragraph 
     (1)(A).
       ``(e) Agreement.--

[[Page S2167]]

       ``(1) In general.--Federal agencies may not make 
     commitments under this section (including cooperative 
     agreements (as that term is defined under section 6305 of 
     title 31), leases, service contracts, or any other type of 
     commitment) unless funds are specifically provided for such 
     purposes in advance in subsequent appropriations Acts, and 
     only to the extent that the full extent of anticipated costs 
     stemming from such commitments is recorded as an obligation 
     up front and in full at the time it is made.
       ``(2) Competition required.--The Secretary shall use 
     competitive procedures similar to those authorized under 
     section 2667 of title 10 in selecting an entity to enter into 
     an agreement to fulfill the purpose or this section.
       ``(3) Determination.--Prior to entering into any agreement 
     under this subsection, the Secretary must determine that the 
     use of such agreement is in the best financial interest of 
     the Federal Government.
       ``(f) Definitions.--In this section:
       ``(1) Entity.--The term `entity' means a non-Federal entity 
     with the demonstrated technical expertise and requisite 
     administrative and financial resources to meet any such terms 
     and conditions as may be established by the Secretary.
       ``(2) GPS.--The term `GPS' means the Global Positioning 
     System.
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.''.
       (c) Table of Contents.--The table of contents for chapter 3 
     of title 49, United States Code, is amended by adding at the 
     end the following:

``312. Alternative timing system.''.

     SEC. 516. SCIENTIFIC PERSONNEL.

       Section 2101(31) of title 46, United States Code, is 
     amended--
       (1) by inserting ``(A) Subject to subparagraph (B),'' 
     before the text; and
       (2) by adding at the end the following:
       ``(B)(i) Such term includes an individual who is on board 
     an oceanographic research vessel only to--
       ``(I) engage in scientific research;
       ``(II) instruct in oceanography or limnology; or
       ``(III) receive instruction in oceanography or limnology.
       ``(ii) For purposes of clause (i), the age of an individual 
     may not be considered in determining whether the individual 
     is described in such clause.''.

     SEC. 517. TRANSPARENCY.

       (a) In General.--The Commandant of the Coast Guard shall 
     publish any letter of determination issued by the Coast Guard 
     National Vessel Documentation Center after the date of the 
     enactment of this Act on the National Vessel Documentation 
     Center website not later than 30 days after the date of 
     issuance of such letter of determination.
       (b) Audit.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct an audit, the results of which shall be 
     made publicly available, of--
       (A) the method or process by which the Coast Guard National 
     Vessel Documentation Center develops policy for and documents 
     compliance with the requirements of section 67.97 of title 
     46, Code of Federal Regulations, for the purpose of issuing 
     endorsements under section 12112 and 12113 of title 46, 
     United States Code;
       (B) the coordination between the Coast Guard and U.S. 
     Customs and Border Protection with respect to the enforcement 
     of such requirements; and
       (C) the extent to which the Secretary of the department in 
     which the Coast Guard is operating and the Secretary of 
     Transportation, through the Maritime Administration, have 
     published and disseminated information to promote compliance 
     with applicable vessel construction requirements.
       (2) Report.--Not later than 90 days after the audit under 
     paragraph (1) is complete, the Comptroller General of the 
     United States shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report regarding the results of and 
     recommendations made pursuant to such audit.
       (c) Outline.--Not later than 180 days after the date of the 
     submission of the Comptroller General of the United States 
     report required under subsection (b), the Commandant of the 
     Coast Guard shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives an outline of plans--
       (1) to enhance the transparency of the documentation 
     process, and communications with the maritime industry 
     regarding such process over the next 5 years; and
       (2) to implement the recommendations made by the 
     Comptroller General of the United States in the report 
     required under subsection (b)(2).

                     TITLE VI--ADVISORY COMMITTEES

     SEC. 601. NATIONAL MARITIME TRANSPORTATION ADVISORY 
                   COMMITTEES.

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

    ``PART XI--NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES

  ``CHAPTER 151--NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES

``Sec.
``15101. National Chemical Transportation Safety Advisory Committee.
``15102. National Commercial Fishing Safety Advisory Committee.
``15103. National Merchant Marine Personnel Advisory Committee.
``15104. National Merchant Mariner Medical Advisory Committee.
``15105. National Boating Safety Advisory Committee.
``15106. National Offshore Safety Advisory Committee.
``15107. National Navigation Safety Advisory Committee.
``15108. National Towing Safety Advisory Committee.
``15109. Administration.

     ``Sec. 15101. National Chemical Transportation Safety 
       Advisory Committee

       ``(a) Establishment.--There is established a National 
     Chemical Transportation Safety Advisory Committee (in this 
     section referred to as the `Committee').
       ``(b) Function.--The Committee shall advise the Secretary 
     on matters relating to the safe and secure marine 
     transportation of hazardous materials.
       ``(c) Membership.--
       ``(1) In general.--The Committee shall consist of not more 
     than 25 members appointed by the Secretary in accordance with 
     this section and section 15109 of this chapter.
       ``(2) Expertise.--Each member of the Committee shall have 
     particular expertise, knowledge, and experience in matters 
     relating to the function of the Committee.
       ``(3) Representation.--Each member of the Committee shall 
     represent 1 of the following:
       ``(A) Chemical manufacturing entities.
       ``(B) Entities related to marine handling or transportation 
     of chemicals.
       ``(C) Vessel design and construction entities.
       ``(D) Marine safety or security entities.
       ``(E) Marine environmental protection entities.
       ``(4) Distribution.--The Secretary shall, based on the 
     needs of the Coast Guard, determine the number of members of 
     the Committee who represent each entity specified in 
     paragraph (3). Neither this paragraph nor any other provision 
     of law shall be construed to require an equal distribution of 
     members representing each entity specified in paragraph (3).

     ``Sec. 15102. National Commercial Fishing Safety Advisory 
       Committee

       ``(a) Establishment.--There is established a National 
     Commercial Fishing Safety Advisory Committee (in this section 
     referred to as the `Committee').
       ``(b) Function.--The Committee shall--
       ``(1) advise the Secretary on matters relating to the safe 
     operation of vessels to which chapter 45 of this title 
     applies, including the matters of--
       ``(A) navigation safety;
       ``(B) safety equipment and procedures;
       ``(C) marine insurance;
       ``(D) vessel design, construction, maintenance, and 
     operation; and
       ``(E) personnel qualifications and training; and
       ``(2) review regulations proposed under chapter 45 of this 
     title (during preparation of the regulations).
       ``(c) Membership.--
       ``(1) In general.--The Committee shall consist of 18 
     members appointed by the Secretary in accordance with this 
     section and section 15109 of this chapter.
       ``(2) Expertise.--Each member of the Committee shall have 
     particular expertise, knowledge, and experience in matters 
     relating to the function of the Committee.
       ``(3) Representation.--Members of the Committee shall be 
     appointed as follows:
       ``(A) 10 members shall represent the commercial fishing 
     industry and--
       ``(i) as a group, shall together reflect a regional and 
     representational balance; and
       ``(ii) as individuals, shall each have experience--

       ``(I) in the operation of vessels to which chapter 45 of 
     this title applies; or
       ``(II) as a crew member or processing line worker on a fish 
     processing vessel.

       ``(B) 1 member shall represent naval architects and marine 
     engineers.
       ``(C) 1 member shall represent manufacturers of equipment 
     for vessels to which chapter 45 of this title applies.
       ``(D) 1 member shall represent education and training 
     professionals related to fishing vessel, fish processing 
     vessel, and fish tender vessel safety and personnel 
     qualifications.
       ``(E) 1 member shall represent underwriters that insure 
     vessels to which chapter 45 of this title applies.
       ``(F) 1 member shall represent owners of vessels to which 
     chapter 45 of this title applies.
       ``(G) 3 members shall represent the general public and, to 
     the extent possible, shall include--
       ``(i) an independent expert or consultant in maritime 
     safety;
       ``(ii) a marine surveyor who provides services to vessels 
     to which chapter 45 of this title applies; and
       ``(iii) a person familiar with issues affecting fishing 
     communities and the families of fishermen.

     ``Sec. 15103. National Merchant Marine Personnel Advisory 
       Committee

       ``(a) Establishment.--There is established a National 
     Merchant Marine Personnel Advisory Committee (in this section 
     referred to as the `Committee').
       ``(b) Function.--The Committee shall advise the Secretary 
     on matters relating to

[[Page S2168]]

     personnel in the United States merchant marine, including the 
     training, qualifications, certification, documentation, and 
     fitness of mariners.
       ``(c) Membership.--
       ``(1) In general.--The Committee shall consist of 19 
     members appointed by the Secretary in accordance with this 
     section and section 15109 of this chapter.
       ``(2) Expertise.--Each member of the Committee shall have 
     particular expertise, knowledge, and experience in matters 
     relating to the function of the Committee.
       ``(3) Representation.--Members of the Committee shall be 
     appointed as follows:
       ``(A) 9 members shall represent mariners and, of the 9--
       ``(i) each shall--

       ``(I) be a citizen of the United States; and
       ``(II) hold an active license or certificate issued under 
     chapter 71 of this title or a merchant mariner document 
     issued under chapter 73 of this title;

       ``(ii) 3 shall be deck officers who represent merchant 
     marine deck officers and, of the 3--

       ``(I) 2 shall be licensed for oceans any gross tons;
       ``(II) 1 shall be licensed for inland river route with a 
     limited or unlimited tonnage;
       ``(III) 2 shall have a master's license or a master of 
     towing vessels license;
       ``(IV) 1 shall have significant tanker experience; and
       ``(V) to the extent practicable--

       ``(aa) 1 shall represent labor; and
       ``(bb) 1 shall represent management;
       ``(iii) 3 shall be engineering officers who represent 
     merchant marine engineering officers and, of the 3--

       ``(I) 2 shall be licensed as chief engineer any horsepower;
       ``(II) 1 shall be licensed as either a limited chief 
     engineer or a designated duty engineer; and
       ``(III) to the extent practicable--

       ``(aa) 1 shall represent labor; and
       ``(bb) 1 shall represent management;
       ``(iv) 2 shall be unlicensed seamen who represent merchant 
     marine unlicensed seaman and, of the 2--

       ``(I) 1 shall represent able-bodied seamen; and
       ``(II) 1 shall represent qualified members of the engine 
     department; and

       ``(v) 1 shall be a pilot who represents merchant marine 
     pilots.
       ``(B) 6 members shall represent marine educators and, of 
     the 6--
       ``(i) 3 shall be marine educators who represent maritime 
     academies and, of the 3--

       ``(I) 2 shall represent State maritime academies (and are 
     jointly recommended by such academies); and
       ``(II) 1 shall represent either State maritime academies or 
     the United States Merchant Marine Academy; and

       ``(ii) 3 shall be marine educators who represent other 
     maritime training institutions and, of the 3, 1 shall 
     represent the small vessel industry.
       ``(C) 2 members shall represent shipping companies employed 
     in ship operation management.
       ``(D) 2 members shall represent the general public.

     ``Sec. 15104. National Merchant Mariner Medical Advisory 
       Committee

       ``(a) Establishment.--There is established a National 
     Merchant Mariner Medical Advisory Committee (in this section 
     referred to as the `Committee').
       ``(b) Function.--The Committee shall advise the Secretary 
     on matters relating to--
       ``(1) medical certification determinations for the issuance 
     of licenses, certification of registry, and merchant 
     mariners' documents with respect to merchant mariners;
       ``(2) medical standards and guidelines for the physical 
     qualifications of operators of commercial vessels;
       ``(3) medical examiner education; and
       ``(4) medical research.
       ``(c) Membership.--
       ``(1) In general.--The Committee shall consist of 14 
     members appointed by the Secretary in accordance with this 
     section and section 15109 of this chapter.
       ``(2) Expertise.--Each member of the Committee shall have 
     particular expertise, knowledge, and experience in matters 
     relating to the function of the Committee.
       ``(3) Representation.--Members of the Committee shall be 
     appointed as follows:
       ``(A) 9 shall represent health-care professionals and have 
     particular expertise, knowledge, and experience regarding the 
     medical examinations of merchant mariners or occupational 
     medicine.
       ``(B) 5 shall represent professional mariners and have 
     particular expertise, knowledge, and experience in 
     occupational requirements for mariners.

     ``Sec. 15105. National Boating Safety Advisory Committee

       ``(a) Establishment.--There is established a National 
     Boating Safety Advisory Committee (in this section referred 
     to as the `Committee').
       ``(b) Function.--The Committee shall advise the Secretary 
     on matters relating to national boating safety.
       ``(c) Membership.--
       ``(1) In general.--The Committee shall consist of 21 
     members appointed by the Secretary in accordance with this 
     section and section 15109 of this chapter.
       ``(2) Expertise.--Each member of the Committee shall have 
     particular expertise, knowledge, and experience in matters 
     relating to the function of the Committee.
       ``(3) Representation.--Members of the Committee shall be 
     appointed as follows:
       ``(A) 7 members shall represent State officials responsible 
     for State boating safety programs.
       ``(B) 7 members shall represent recreational vessel and 
     associated equipment manufacturers.
       ``(C) 7 members shall represent the general public or 
     national recreational boating organizations and, of the 7, at 
     least 5 shall represent national recreational boating 
     organizations.

     ``Sec. 15106. National Offshore Safety Advisory Committee

       ``(a) Establishment.--There is established a National 
     Offshore Safety Advisory Committee (in this section referred 
     to as the `Committee').
       ``(b) Function.--The Committee shall advise the Secretary 
     on matters relating to activities directly involved with, or 
     in support of, the exploration of offshore mineral and energy 
     resources, to the extent that such matters are within the 
     jurisdiction of the Coast Guard.
       ``(c) Membership.--
       ``(1) In general.--The Committee shall consist of 15 
     members appointed by the Secretary in accordance with this 
     section and section 15109 of this chapter.
       ``(2) Expertise.--Each member of the Committee shall have 
     particular expertise, knowledge, and experience in matters 
     relating to the function of the Committee.
       ``(3) Representation.--Members of the Committee shall be 
     appointed as follows:
       ``(A) 2 members shall represent entities engaged in the 
     production of petroleum.
       ``(B) 2 members shall represent entities engaged in 
     offshore drilling.
       ``(C) 2 members shall represent entities engaged in the 
     support, by offshore supply vessels or other vessels, of 
     offshore mineral and oil operations, including geophysical 
     services.
       ``(D) 1 member shall represent entities engaged in the 
     construction of offshore exploration and recovery facilities.
       ``(E) 1 member shall represent entities engaged in diving 
     services related to offshore construction, inspection, and 
     maintenance.
       ``(F) 1 member shall represent entities engaged in safety 
     and training services related to offshore exploration and 
     construction.
       ``(G) 1 member shall represent entities engaged in 
     pipelaying services related to offshore construction.
       ``(H) 2 members shall represent individuals employed in 
     offshore operations and, of the 2, 1 shall have recent 
     practical experience on a vessel or offshore unit involved in 
     the offshore mineral and energy industry.
       ``(I) 1 member shall represent national environmental 
     entities.
       ``(J) 1 member shall represent deepwater ports.
       ``(K) 1 member shall represent the general public (but not 
     a specific environmental group).

     ``Sec. 15107. National Navigation Safety Advisory Committee

       ``(a) Establishment.--There is established a National 
     Navigation Safety Advisory Committee (in this section 
     referred to as the `Committee').
       ``(b) Function.--The Committee shall advise the Secretary 
     on matters relating to maritime collisions, rammings, and 
     groundings, Inland Rules of the Road, International Rules of 
     the Road, navigation regulations and equipment, routing 
     measures, marine information, and aids to navigation systems.
       ``(c) Membership.--
       ``(1) In general.--The Committee shall consist of not more 
     than 21 members appointed by the Secretary in accordance with 
     this section and section 15109 of this chapter.
       ``(2) Expertise.--Each member of the Committee shall have 
     particular expertise, knowledge, and experience in matters 
     relating to the function of the Committee.
       ``(3) Representation.--Each member of the Committee shall 
     represent 1 of the following:
       ``(A) Commercial vessel owners or operators.
       ``(B) Professional mariners.
       ``(C) Recreational boaters.
       ``(D) The recreational boating industry.
       ``(E) State agencies responsible for vessel or port safety.
       ``(F) The Maritime Law Association.
       ``(4) Distribution.--The Secretary shall, based on the 
     needs of the Coast Guard, determine the number of members of 
     the Committee who represent each entity specified in 
     paragraph (3). Neither this paragraph nor any other provision 
     of law shall be construed to require an equal distribution of 
     members representing each entity specified in paragraph (3).

     ``Sec. 15108. National Towing Safety Advisory Committee

       ``(a) Establishment.--There is established a National 
     Towing Safety Advisory Committee (in this section referred to 
     as the `Committee').
       ``(b) Function.--The Committee shall advise the Secretary 
     on matters relating to shallow-draft inland navigation, 
     coastal waterway navigation, and towing safety.
       ``(c) Membership.--
       ``(1) In general.--The Committee shall consist of 18 
     members appointed by the Secretary in accordance with this 
     section and section 15109 of this chapter.
       ``(2) Expertise.--Each member of the Committee shall have 
     particular expertise, knowledge, and experience in matters 
     relating to the function of the Committee.

[[Page S2169]]

       ``(3) Representation.--Members of the Committee shall be 
     appointed as follows:
       ``(A) 7 members shall represent the barge and towing 
     industry, reflecting a regional geographic balance.
       ``(B) 1 member shall represent the offshore mineral and oil 
     supply vessel industry.
       ``(C) 1 member shall represent masters and pilots of towing 
     vessels who hold active licenses and have experience on the 
     Western Rivers and the Gulf Intracoastal Waterway.
       ``(D) 1 member shall represent masters of towing vessels in 
     offshore service who hold active licenses.
       ``(E) 1 member shall represent masters of active ship-
     docking or harbor towing vessels.
       ``(F) 1 member shall represent licensed and unlicensed 
     towing vessel engineers with formal training and experience.
       ``(G) 2 members shall represent port districts, 
     authorities, or terminal operators.
       ``(H) 2 members shall represent shippers and, of the 2, 1 
     shall be engaged in the shipment of oil or hazardous 
     materials by barge.
       ``(I) 2 members shall represent the general public.

     ``Sec. 15109. Administration

       ``(a) Meetings.--Each committee established under this 
     chapter shall, at least once each year, meet at the call of 
     the Secretary or a majority of the members of the committee.
       ``(b) Employee Status.--A member of a committee established 
     under this chapter shall not be considered an employee of the 
     Federal Government by reason of service on such committee, 
     except for the purposes of the following:
       ``(1) Chapter 81 of title 5.
       ``(2) Chapter 171 of title 28 and any other Federal law 
     relating to tort liability.
       ``(c) Compensation.--Notwithstanding subsection (b), a 
     member of a committee established under this chapter, when 
     actually engaged in the performance of the duties of such 
     committee, may--
       ``(1) receive compensation at a rate established by the 
     Secretary, not to exceed the maximum daily rate payable under 
     section 5376 of title 5; or
       ``(2) if not compensated in accordance with paragraph (1)--
       ``(A) be reimbursed for actual and reasonable expenses 
     incurred in the performance of such duties; or
       ``(B) be allowed travel expenses, including per diem in 
     lieu of subsistence, as authorized by section 5703 of title 
     5.
       ``(d) Acceptance of Volunteer Services.--A member of a 
     committee established under this chapter may serve on such 
     committee on a voluntary basis without pay without regard to 
     section 1342 of title 31 or any other law.
       ``(e) Status of Members.--
       ``(1) In general.--Except as provided in paragraph (2), 
     with respect to a member of a committee established under 
     this chapter whom the Secretary appoints to represent an 
     entity or group--
       ``(A) the member is authorized to represent the interests 
     of the applicable entity or group; and
       ``(B) requirements under Federal law that would interfere 
     with such representation and that apply to a special 
     Government employee (as defined in section 202(a) of title 
     18), including requirements relating to employee conduct, 
     political activities, ethics, conflicts of interest, and 
     corruption, do not apply to the member.
       ``(2) Exception.--Notwithstanding subsection (b), a member 
     of a committee established under this chapter shall be 
     treated as a special Government employee for purposes of the 
     committee service of the member if--
       ``(A) the Secretary appointed the member to represent the 
     general public; or
       ``(B) the member, without regard to service on the 
     committee, is a special Government employee.
       ``(f) Service on Committee.--
       ``(1) Solicitation of nominations.--Before appointing an 
     individual as a member of a committee established under this 
     chapter, the Secretary shall publish, in the Federal 
     Register, a timely notice soliciting nominations for 
     membership on such committee.
       ``(2) Appointments.--
       ``(A) In general.--After considering nominations received 
     pursuant to a notice published under paragraph (1), the 
     Secretary may, as necessary, appoint a member to the 
     applicable committee established under this chapter.
       ``(B) Prohibition.--The Secretary shall not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to any 
     committee established under this chapter.
       ``(3) Service at pleasure of the secretary.--
       ``(A) In general.--Each member of a committee established 
     under this chapter shall serve at the pleasure of the 
     Secretary.
       ``(B) Exception.--Notwithstanding subparagraph (A), a 
     member of the committee established under section 15102 may 
     only be removed prior to the end of the term of that member 
     for just cause.
       ``(4) Security background examinations.--The Secretary may 
     require an individual to have passed an appropriate security 
     background examination before appointment to a committee 
     established under this chapter.
       ``(5) Prohibition.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a Federal employee may not be appointed as a member of a 
     committee established under this chapter.
       ``(B) Special rule for national merchant marine personnel 
     advisory committee.--The Secretary may appoint a Federal 
     employee to serve as a member of the National Merchant Marine 
     Personnel Advisory Committee to represent the interests of 
     the United States Merchant Marine Academy and, 
     notwithstanding paragraphs (1) and (2), may do so without 
     soliciting, receiving, or considering nominations for such 
     appointment.
       ``(6) Terms.--
       ``(A) In general.--The term of each member of a committee 
     established under this chapter shall expire on December 31 of 
     the third full year after the effective date of the 
     appointment.
       ``(B) Continued service after term.--When the term of a 
     member of a committee established under this chapter ends, 
     the member, for a period not to exceed 1 year, may continue 
     to serve as a member until a successor is appointed.
       ``(7) Vacancies.--A vacancy on a committee established 
     under this chapter shall be filled in the same manner as the 
     original appointment.
       ``(8) Special rule for reappointments.--Notwithstanding 
     paragraphs (1) and (2), the Secretary may reappoint a member 
     of a committee established under this chapter for any term, 
     other than the first term of the member, without soliciting, 
     receiving, or considering nominations for such appointment.
       ``(g) Staff Services.--The Secretary shall furnish to each 
     committee established under this chapter any staff and 
     services considered by the Secretary to be necessary for the 
     conduct of the committee's functions.
       ``(h) Chairman; Vice Chairman.--
       ``(1) In general.--Each committee established under this 
     chapter shall elect a Chairman and Vice Chairman from among 
     the committee's members.
       ``(2) Vice chairman acting as chairman.--The Vice Chairman 
     shall act as Chairman in the absence or incapacity of, or in 
     the event of a vacancy in the office of, the Chairman.
       ``(i) Subcommittees and Working Groups.--
       ``(1) In general.--The Chairman of a committee established 
     under this chapter may establish and disestablish 
     subcommittees and working groups for any purpose consistent 
     with the function of the committee.
       ``(2) Participants.--Subject to conditions imposed by the 
     Chairman, members of a committee established under this 
     chapter and additional persons drawn from entities or groups 
     designated by this chapter to be represented on the committee 
     or the general public may be assigned to subcommittees and 
     working groups established under paragraph (1).
       ``(3) Chair.--Only committee members may chair 
     subcommittees and working groups established under paragraph 
     (1).
       ``(j) Consultation, Advice, Reports, and Recommendations.--
       ``(1) Consultation.--
       ``(A) In general.--Before taking any significant action, 
     the Secretary shall consult with, and consider the 
     information, advice, and recommendations of, a committee 
     established under this chapter if the function of the 
     committee is to advise the Secretary on matters related to 
     the significant action.
       ``(B) Inclusion.--For purposes of this paragraph, 
     regulations proposed under chapter 45 of this title are 
     significant actions.
       ``(2) Advice, reports, and recommendations.--Each committee 
     established under this chapter shall submit, in writing, to 
     the Secretary its advice, reports, and recommendations, in a 
     form and at a frequency determined appropriate by the 
     committee.
       ``(3) Explanation of actions taken.--Not later than 60 days 
     after the date on which the Secretary receives 
     recommendations from a committee under paragraph (2), the 
     Secretary shall--
       ``(A) publish the recommendations on a website accessible 
     at no charge to the public;
       ``(B) if the recommendations are from the committee 
     established under section 15102, establish a mechanism for 
     the submission of public comments on the recommendations; and
       ``(C) respond, in writing, to the committee regarding the 
     recommendations, including by providing an explanation of 
     actions taken regarding the recommendations.
       ``(4) Submission to congress.--
       ``(A) In general.--The Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate the advice, reports, and 
     recommendations received from committees under paragraph (2).
       ``(B) Additional submission.--With respect to a committee 
     established under section 70112 and to which this section 
     applies, the Secretary shall submit the advice, reports, and 
     recommendations received from the committee under paragraph 
     (2) to the Committee on Homeland Security of the House of 
     Representatives in addition to the committees specified in 
     subparagraph (A).
       ``(k) Observers.--Any Federal agency with matters under 
     such agency's administrative jurisdiction related to the 
     function of a committee established under this chapter may 
     designate a representative to--
       ``(1) attend any meeting of such committee; and
       ``(2) participate as an observer at meetings of such 
     committee that relate to such a matter.
       ``(l) Termination.--Each committee established under this 
     chapter shall terminate on September 30, 2027.''.
       (b) Clerical Amendment.--The analysis for subtitle II of 
     title 46, United States Code,

[[Page S2170]]

     is amended by inserting after the item relating to chapter 
     147 the following:

     ``Part K-National Maritime Transportation Advisory Committees

``151. National Maritime Transportation Advisory Committees15101''.....

       (c) Conforming Amendments.--
       (1) Commercial fishing safety advisory committee.--Section 
     4508 of title 46, United States Code, and the item relating 
     to that section in the analysis for chapter 45 of that title, 
     are repealed.
       (2) Merchant mariner medical advisory committee.--Section 
     7115 of title 46, United States Code, and the item relating 
     to that section in the analysis for chapter 71 of that title, 
     are repealed.
       (3) Merchant marine personnel advisory committee.--
       (A) Repeal.--Section 8108 of title 46, United States Code, 
     and the item relating to that section in the analysis for 
     chapter 81 of that title, are repealed.
       (B) Conforming amendment.--Section 7510(c)(1)(C) of title 
     46, United States Code, is amended by inserting ``National'' 
     before ``Merchant Marine''.
       (4) National boating safety advisory council.--
       (A) Repeal.--Section 13110 of title 46, United States Code, 
     and the item relating to that section in the analysis for 
     chapter 131 of that title, are repealed.
       (B) Conforming amendments.--
       (i) Regulations.--Section 4302(c)(4) of title 46, United 
     States Code, is amended by striking ``Council established 
     under section 13110 of this title'' and inserting ``Committee 
     established under section 15105 of this title''.
       (ii) Repair and replacement of defects.--Section 4310(f) of 
     title 46, United States Code, is amended by striking 
     ``Advisory Council'' and inserting ``Advisory Committee''.
       (5) Navigation safety advisory council.--Section 5 of the 
     Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is 
     repealed.
       (6) Towing safety advisory committee.--
       (A) Repeal.--Public Law 96-380 (33 U.S.C. 1231a) is 
     repealed.
       (B) Conforming amendments.--
       (i) Reduction of oil spills from single hull non-self-
     propelled tank vessels.--Section 3719 of title 46, United 
     States Code, is amended by inserting ``National'' before 
     ``Towing Safety''.
       (ii) Safety equipment.--Section 4102(f)(1) of title 46, 
     United States Code, is amended by inserting ``National'' 
     before ``Towing Safety''.
       (d) Treatment of Existing Councils and Committees.--
     Notwithstanding any other provision of law--
       (1) an advisory council or committee substantially similar 
     to an advisory committee established under chapter 151 of 
     title 46, United States Code, as added by this Act, and that 
     was in force or in effect on the day before the date of 
     enactment of this section, including a council or committee 
     the authority for which was repealed under subsection (c), 
     may remain in force or in effect for a period of 2 years from 
     the date of enactment of this section, including that the 
     charter, membership, and other aspects of the council or 
     committee may remain in force or in effect; and
       (2) during the 2-year period referenced in paragraph (1)--
       (A) requirements relating to the applicable advisory 
     committee established under chapter 151 of title 46, United 
     States Code, shall be treated as satisfied by the 
     substantially similar advisory council or committee; and
       (B) the enactment of this section, including the amendments 
     made in this section, shall not be the basis--
       (i) to deem, find, or declare such council or committee, 
     including the charter, membership, and other aspects thereof, 
     void, not in force, or not in effect;
       (ii) to suspend the activities of such council or 
     committee; or
       (iii) to bar the members of such council or committee from 
     meeting.

     SEC. 602. MARITIME SECURITY ADVISORY COMMITTEES.

       (a) In General.--Section 70112 of title 46, United States 
     Code, is amended to read as follows:

     ``Sec. 70112. Maritime Security Advisory Committees

       ``(a) National Maritime Security Advisory Committee.--
       ``(1) Establishment.--There is established a National 
     Maritime Security Advisory Committee (in this subsection 
     referred to as the `Committee').
       ``(2) Function.--The Committee shall advise the Secretary 
     on matters relating to national maritime security.
       ``(3) Membership.--
       ``(A) In general.--The Committee shall consist of at least 
     8 members, but not more than 21 members, appointed by the 
     Secretary in accordance with this subsection and section 
     15109 of this title.
       ``(B) Expertise.--Each member of the Committee shall have 
     particular expertise, knowledge, and experience in matters 
     relating to the function of the Committee.
       ``(C) Representation.--Each of the following shall be 
     represented by at least 1 member of the Committee:
       ``(i) Port authorities.
       ``(ii) Facilities owners and operators.
       ``(iii) Terminal owners and operators.
       ``(iv) Vessel owners and operators.
       ``(v) Maritime labor organizations.
       ``(vi) The academic community.
       ``(vii) State and local governments.
       ``(viii) The maritime industry.
       ``(D) Distribution.--If the Committee consists of at least 
     8 members who, together, satisfy the minimum representation 
     requirements of subparagraph (C), the Secretary shall, based 
     on the needs of the Coast Guard, determine the number of 
     additional members of the Committee who represent each entity 
     specified in that subparagraph. Neither this subparagraph nor 
     any other provision of law shall be construed to require an 
     equal distribution of members representing each entity 
     specified in subparagraph (C).
       ``(4) Administration.--For purposes of section 15109 of 
     this title, the Committee shall be treated as a committee 
     established under chapter 151 of such title.
       ``(b) Area Maritime Security Advisory Committees.--
       ``(1) In general.--
       ``(A) Establishment.--The Secretary may--
       ``(i) establish an Area Maritime Security Advisory 
     Committee for any port area of the United States; and
       ``(ii) request such a committee to review the proposed Area 
     Maritime Transportation Security Plan developed under section 
     70103(b) and make recommendations to the Secretary that the 
     committee considers appropriate.
       ``(B) Additional functions and meetings.--A committee 
     established under this subsection for an area--
       ``(i) may advise, consult with, report to, and make 
     recommendations to the Secretary on matters relating to 
     maritime security in that area;
       ``(ii) may make available to the Congress recommendations 
     that the committee makes to the Secretary; and
       ``(iii) shall meet at the call of--

       ``(I) the Secretary, who shall call such a meeting at least 
     once during each calendar year; or
       ``(II) a majority of the committee.

       ``(2) Membership.--
       ``(A) In general.--Each committee established under this 
     subsection shall consist of at least 7 members appointed by 
     the Secretary, each of whom has at least 5 years practical 
     experience in maritime security operations.
       ``(B) Terms.--The term of each member of a committee 
     established under this subsection shall be for a period of 
     not more than 5 years, specified by the Secretary.
       ``(C) Notice.--Before appointing an individual to a 
     position on a committee established under this subsection, 
     the Secretary shall publish a notice in the Federal Register 
     soliciting nominations for membership on the committee.
       ``(D) Background examinations.--The Secretary may require 
     an individual to have passed an appropriate security 
     background examination before appointment to a committee 
     established under this subsection.
       ``(E) Representation.--Each committee established under 
     this subsection shall be composed of individuals who 
     represent the interests of the port industry, terminal 
     operators, port labor organizations, and other users of the 
     port areas.
       ``(3) Chairperson and vice chairperson.--
       ``(A) In general.--Each committee established under this 
     subsection shall elect 1 of the committee's members as the 
     Chairperson and 1 of the committee's members as the Vice 
     Chairperson.
       ``(B) Vice chairperson acting as chairperson.--The Vice 
     Chairperson shall act as Chairperson in the absence or 
     incapacity of the Chairperson, or in the event of a vacancy 
     in the office of the Chairperson.
       ``(4) Observers.--
       ``(A) In general.--The Secretary shall, and the head of any 
     other interested Federal agency may, designate a 
     representative to participate as an observer with a committee 
     established under this subsection.
       ``(B) Role.--The Secretary's designated representative to a 
     committee established under this subsection shall act as the 
     executive secretary of the committee and shall perform the 
     duties set forth in section 10(c) of the Federal Advisory 
     Committee Act (5 U.S.C. App.).
       ``(5) Consideration of views.--The Secretary shall consider 
     the information, advice, and recommendations of each 
     committee established under this subsection in formulating 
     policy regarding matters affecting maritime security.
       ``(6) Compensation and expenses.--
       ``(A) In general.--A member of a committee established 
     under this subsection, when attending meetings of the 
     committee or when otherwise engaged in the business of the 
     committee, is entitled to receive--
       ``(i) compensation at a rate fixed by the Secretary, not 
     exceeding the daily equivalent of the current rate of basic 
     pay in effect for GS-15 of the General Schedule under section 
     5332 of title 5 including travel time; and
       ``(ii) travel or transportation expenses under section 5703 
     of title 5.
       ``(B) Status.--A member of a committee established under 
     this subsection shall not be considered to be an officer or 
     employee of the United States for any purpose based on the 
     receipt of any payment under this paragraph.
       ``(7) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) does not apply to a committee established under this 
     subsection.''.
       (b) Treatment of Existing Committee.--Notwithstanding any 
     other provision of law--

[[Page S2171]]

       (1) an advisory committee substantially similar to the 
     National Maritime Security Advisory Committee established 
     under section 70112(a) of title 46, United States Code, as 
     amended by this section, and that was in force or in effect 
     on the day before the date of enactment of this section, may 
     remain in force or in effect for a period of 2 years from the 
     date of enactment of this section, including that the 
     charter, membership, and other aspects of the committee may 
     remain in force or in effect; and
       (2) during the 2-year period referenced in paragraph (1)--
       (A) requirements relating to the National Maritime Security 
     Advisory Committee established under section 70112(a) of 
     title 46, United States Code, as amended by this section, 
     shall be treated as satisfied by the substantially similar 
     advisory committee; and
       (B) the enactment of this section, including the amendments 
     made in this section, shall not be the basis--
       (i) to deem, find, or declare such committee, including the 
     charter, membership, and other aspects thereof, void, not in 
     force, or not in effect;
       (ii) to suspend the activities of such committee; or
       (iii) to bar the members of such committee from meeting.

                 TITLE VII--FEDERAL MARITIME COMMISSION

     SEC. 701. SHORT TITLE.

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

     SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

       Section 308 of title 46, United States Code, is amended by 
     striking ``$24,700,000 for each of fiscal years 2016 and 
     2017'' and inserting ``$28,012,310 for fiscal year 2018 and 
     $28,544,543 for fiscal year 2019''.

     SEC. 703. REPORTING ON IMPACT OF ALLIANCES ON COMPETITION.

       Section 306 of title 46, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (4), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(6) an analysis of the impacts on competition for the 
     purchase of certain covered services by alliances of ocean 
     common carriers acting pursuant to an agreement under this 
     part between or among ocean common carriers, including a 
     summary of actions, including corrective actions, taken by 
     the Commission to promote such competition.''; and
       (2) by adding at the end the following:
       ``(c) Definition of Certain Covered Services.--In this 
     section, the term `certain covered services' has the meaning 
     given the term in section 40102.''.

     SEC. 704. DEFINITION OF CERTAIN COVERED SERVICES.

       Section 40102 of title 46, United States Code, is amended--
       (1) by redesignating paragraphs (5) through (25) as 
     paragraphs (6) through (26), respectively; and
       (2) by inserting after paragraph (4), the following:
       ``(5) Certain covered services.--For purposes of sections 
     41105 and 41307, the term `certain covered services' means, 
     with respect to a vessel--
       ``(A) the berthing or bunkering of the vessel;
       ``(B) the loading or unloading of cargo to or from the 
     vessel to or from a point on a wharf or terminal;
       ``(C) the positioning, removal, or replacement of buoys 
     related to the movement of the vessel; and
       ``(D) with respect to injunctive relief under section 
     41307, towing vessel services provided to such a vessel.''.

     SEC. 705. REPORTS FILED WITH THE COMMISSION.

       Section 40104(a) of title 46, United States Code, is 
     amended to read as follows:
       ``(a) Reports.--
       ``(1) In general.--The Federal Maritime Commission may 
     require a common carrier or marine terminal operator, or an 
     officer, receiver, trustee, lessee, agent, or employee of the 
     common carrier or marine terminal operator to file with the 
     Commission a periodical or special report, an account, 
     record, rate, or charge, or a memorandum of facts and 
     transactions related to the business of the common carrier or 
     marine terminal operator, as applicable.
       ``(2) Requirements.--Any report, account, record, rate, 
     charge, or memorandum required to be filed under paragraph 
     (1) shall--
       ``(A) be made under oath if the Commission requires; and
       ``(B) be filed in the form and within the time prescribed 
     by the Commission.
       ``(3) Limitation.--The Commission shall--
       ``(A) limit the scope of any filing ordered under this 
     section to fulfill the objective of the order; and
       ``(B) provide a reasonable period of time for respondents 
     to respond based upon their capabilities and the scope of the 
     order.''.

     SEC. 706. PUBLIC PARTICIPATION.

       (a) Notice of Filing.--Section 40304(a) of title 46, United 
     States Code, is amended to read as follows:
       ``(a) Notice of Filing.--Not later than 7 days after the 
     date an agreement is filed, the Federal Maritime Commission 
     shall--
       ``(1) transmit a notice of the filing to the Federal 
     Register for publication; and
       ``(2) request interested persons to submit relevant 
     information and documents.''.
       (b) Request for Information and Documents.--Section 
     40304(d) of title 46, United States Code, is amended by 
     striking ``section'' and inserting ``part''.
       (c) Saving Clause.--Nothing in this section, or the 
     amendments made by this section, may be construed--
       (1) to prevent the Federal Maritime Commission from 
     requesting from a person, at any time, any additional 
     information or documents the Commission considers necessary 
     to carry out chapter 403 of title 46, United States Code;
       (2) to prescribe a specific deadline for the submission of 
     relevant information and documents in response to a request 
     under section 40304(a)(2) of title 46, United States Code; or
       (3) to limit the authority of the Commission to request 
     information under section 40304(d) of title 46, United States 
     Code.

     SEC. 707. OCEAN TRANSPORTATION INTERMEDIARIES.

       (a) License Requirement.--Section 40901(a) of title 46, 
     United States Code, is amended by inserting ``advertise, hold 
     oneself out, or'' after ``may not''.
       (b) Applicability.--Section 40901 of title 46, United 
     States Code, is amended by adding at the end the following:
       ``(c) Applicability.--Subsection (a) and section 40902 do 
     not apply to a person that performs ocean transportation 
     intermediary services on behalf of an ocean transportation 
     intermediary for which it is a disclosed agent.''.
       (c) Financial Responsibility.--Section 40902(a) of title 
     46, United States Code, is amended by inserting ``advertise, 
     hold oneself out, or'' after ``may not''.

     SEC. 708. COMMON CARRIERS.

       (a) Section 41104 of title 46, United States Code, is 
     amended--
       (1) in the matter preceding paragraph (1), by inserting 
     ``(a) In General.--'' before ``A common carrier'';
       (2) in subsection (a), as designated--
       (A) by amending paragraph (11) to read as follows:
       ``(11) knowingly and willfully accept cargo from or 
     transport cargo for the account of a non-vessel-operating 
     common carrier that does not have a tariff as required by 
     section 40501 of this title, or an ocean transportation 
     intermediary that does not have a bond, insurance, or other 
     surety as required by section 40902 of this title;'';
       (B) in paragraph (12), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(13) continue to participate simultaneously in a rate 
     discussion agreement and an agreement to share vessels, in 
     the same trade, if the interplay of the authorities exercised 
     by the specified agreements is likely, by a reduction in 
     competition, to produce an unreasonable reduction in 
     transportation service or an unreasonable increase in 
     transportation cost.''; and
       (3) by adding at the end the following:
       ``(b) Rule of Construction.--Notwithstanding any other 
     provision of law, there is no private right of action to 
     enforce the prohibition under subsection (a)(13).
       ``(c) Agreement Violation.--Participants in an agreement 
     found by the Commission to violate subsection (a)(13) shall 
     have 90 days from the date of such Commission finding to 
     withdraw from the agreement as necessary to comply with that 
     subsection.''.
       (b) Application.--Section 41104(a)(13) of title 46, United 
     States Code, as amended, shall apply to any agreement filed 
     or with an effective date before, on, or after the date of 
     enactment of this Act.

     SEC. 709. NEGOTIATIONS.

       (a) Concerted Action.--Section 41105 of title 46, United 
     States Code, is amended--
       (1) by redesignating paragraphs (5) through (8) as 
     paragraphs (7) through (10), respectively; and
       (2) by inserting after paragraph (4) the following:
       ``(5) negotiate with a tug or towing vessel service 
     provider on any matter relating to rates or services provided 
     within the United States by those tugs or towing vessels;
       ``(6) with respect to a vessel operated by an ocean common 
     carrier within the United States, negotiate for the purchase 
     of certain covered services, unless the negotiations and any 
     resulting agreements are not in violation of the antitrust 
     laws and are consistent with the purposes of this part, 
     except that this paragraph does not prohibit the setting and 
     publishing of a joint through rate by a conference, joint 
     venture, or association of ocean common carriers;''.
       (b) Authority.--Chapter 411 of title 46, United States 
     Code, is amended--
       (1) by inserting after section 41105 the following:

     ``Sec. 41105A. Authority

       ``Nothing in section 41105, as amended by the Federal 
     Maritime Commission Authorization Act of 2017, shall be 
     construed to limit the authority of the Department of Justice 
     regarding antitrust matters.''; and
       (2) in the analysis at the beginning of chapter 411, by 
     inserting after the item relating to section 41105 the 
     following:

``41105A. Authority.''.
       (c) Exemption.--Section 40307(b)(1) of title 46, United 
     States Code, is amended by inserting ``tug operators,'' after 
     ``motor carriers,''.

     SEC. 710. INJUNCTIVE RELIEF SOUGHT BY THE COMMISSION.

       (a) In General.--Section 41307(b) of title 46, United 
     States Code is amended--

[[Page S2172]]

       (1) in paragraph (1) by inserting ``or to substantially 
     lessen competition in the purchasing of certain covered 
     services'' after ``transportation cost''; and
       (2) by adding at the end the following:
       ``(4) Competition factors.--In making a determination under 
     this subsection regarding whether an agreement is likely to 
     substantially lessen competition in the purchasing of certain 
     covered services, the Commission may consider any relevant 
     competition factors in affected markets, including, without 
     limitation, the competitive effect of agreements other than 
     the agreement under review.''.
       (b) Application.--Section 41307(b) of title 46, United 
     States Code, as amended, shall apply to any agreement filed 
     or with an effective date before, on, or after the date of 
     enactment of this Act.

     SEC. 711. DISCUSSIONS.

       (a) In General.--Section 303 of title 46, United States 
     Code, is amended to read as follows:

     ``Sec. 303. Meetings

       ``(a) In General.--The Federal Maritime Commission shall be 
     deemed to be an agency for purposes of section 552b of title 
     5.
       ``(b) Record.--The Commission, through its secretary, shall 
     keep a record of its meetings and the votes taken on any 
     action, order, contract, or financial transaction of the 
     Commission.
       ``(c) Nonpublic Collaborative Discussions.--
       ``(1) In general.--Notwithstanding section 552b of title 5, 
     a majority of the Commissioners may hold a meeting that is 
     not open to public observation to discuss official agency 
     business if--
       ``(A) no formal or informal vote or other official agency 
     action is taken at the meeting;
       ``(B) each individual present at the meeting is a 
     Commissioner or an employee of the Commission;
       ``(C) at least 1 Commissioner from each political party is 
     present at the meeting, if applicable; and
       ``(D) the General Counsel of the Commission is present at 
     the meeting.
       ``(2) Disclosure of nonpublic collaborative discussions.--
     Except as provided under paragraph (3), not later than 2 
     business days after the conclusion of a meeting under 
     paragraph (1), the Commission shall make available to the 
     public, in a place easily accessible to the public--
       ``(A) a list of the individuals present at the meeting; and
       ``(B) a summary of the matters discussed at the meeting, 
     except for any matters the Commission properly determines may 
     be withheld from the public under section 552b(c) of title 5.
       ``(3) Exception.--If the Commission properly determines 
     matters may be withheld from the public under section 555b(c) 
     of title 5, the Commission shall provide a summary with as 
     much general information as possible on those matters 
     withheld from the public.
       ``(4) Ongoing proceedings.--If a meeting under paragraph 
     (1) directly relates to an ongoing proceeding before the 
     Commission, the Commission shall make the disclosure under 
     paragraph (2) on the date of the final Commission decision.
       ``(5) Preservation of open meetings requirements for agency 
     action.--Nothing in this subsection may be construed to limit 
     the applicability of section 552b of title 5 with respect to 
     a meeting of the Commissioners other than that described in 
     this subsection.
       ``(6) Statutory construction.--Nothing in this subsection 
     may be construed--
       ``(A) to limit the applicability of section 552b of title 5 
     with respect to any information which is proposed to be 
     withheld from the public under paragraph (2)(B) of this 
     subsection; or
       ``(B) to authorize the Commission to withhold from any 
     individual any record that is accessible to that individual 
     under section 552a of title 5.''.
       (b) Table of Contents.--The analysis at the beginning of 
     chapter 3 of title 46, United States Code, is amended by 
     amending the item relating to section 303 to read as follows:

``303. Meetings.''.

     SEC. 712. TRANSPARENCY.

       (a) In General.--Beginning not later than 60 days after the 
     date of enactment of this Act, the Federal Maritime 
     Commission shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives biannual reports that describe the 
     Commission's progress toward addressing the issues raised in 
     each unfinished regulatory proceeding, regardless of whether 
     the proceeding is subject to a statutory or regulatory 
     deadline.
       (b) Format of Reports.--Each report under subsection (a) 
     shall, among other things, clearly identify for each 
     unfinished regulatory proceeding--
       (1) the popular title;
       (2) the current stage of the proceeding;
       (3) an abstract of the proceeding;
       (4) what prompted the action in question;
       (5) any applicable statutory, regulatory, or judicial 
     deadline;
       (6) the associated docket number;
       (7) the date the rulemaking was initiated;
       (8) a date for the next action; and
       (9) if a date for next action identified in the previous 
     report is not met, the reason for the delay.

     SEC. 713. STUDY OF BANKRUPTCY PREPARATION AND RESPONSE.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study that examines the immediate aftermath 
     of a major ocean carrier bankruptcy and its impact through 
     the supply chain. The study shall consider any financial 
     mechanisms that could be used to mitigate the impact of any 
     future bankruptcy events on the supply chain.
       (b) Report.--No later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report containing the findings, 
     conclusions, and recommendations, if any, from the study 
     required under subsection (a).

     SEC. 714. AGREEMENTS UNAFFECTED.

       Nothing in this Act may be construed--
       (1) to limit or amend the definition of ``agreement'' in 
     section 40102(1) of title 46, United States Code, with 
     respect to the exclusion of maritime labor agreements; or
       (2) to apply to a maritime labor agreement (as defined in 
     section 40102(15) of that title).

                       TITLE VIII--MISCELLANEOUS

     SEC. 801. REPEAL OF OBSOLETE REPORTING REQUIREMENT.

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

     SEC. 802. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD 
                   AUTHORIZATION ACTS.

       Section 604(b) of the Howard Coble Coast Guard and Maritime 
     Transportation Act of 2014 (Public Law 113-281; 128 Stat. 
     3061) is amended by inserting ``and fishery endorsement'' 
     after ``endorsement''.

     SEC. 803. OFFICER EVALUATION REPORT.

       (a) In General.--Not later than 3 years after the date of 
     the enactment of this Act, the Commandant of the Coast Guard 
     shall reduce lieutenant junior grade evaluation reports to 
     the same length as an ensign or place lieutenant junior grade 
     evaluations on an annual schedule.
       (b) Surveys.--Not later than 1 year after the date of the 
     enactment of this Act, the Commandant of the Coast Guard 
     shall conduct surveys of--
       (1) outgoing promotion board members and assignment 
     officers to determine, at a minimum--
       (A) which sections of the officer evaluation report were 
     most useful;
       (B) which sections of the officer evaluation report were 
     least useful;
       (C) how to better reflect high performers; and
       (D) any recommendations for improving the officer 
     evaluation report; and
       (2) at least 10 percent of the officers from each grade of 
     officers from O1 to O6 to determine how much time each member 
     of the rating chain spends on that member's portion of the 
     officer evaluation report.
       (c) Revisions.--
       (1) In general.--Not later than 4 years after the date of 
     the completion of the surveys required by subsection (b), the 
     Commandant of the Coast Guard shall revise the officer 
     evaluation report, and provide corresponding directions, 
     taking into account the requirements under paragraph (2).
       (2) Requirements.--In revising the officer evaluation 
     report under paragraph (1), the Commandant shall--
       (A) consider the findings of the surveys under subsection 
     (b);
       (B) improve administrative efficiency;
       (C) reduce and streamline performance dimensions and 
     narrative text;
       (D) eliminate redundancy with the officer specialty 
     management system and any other record information systems 
     that are used during the officer assignment or promotion 
     process;
       (E) provide for fairness and equity for Coast Guard 
     officers with regard to promotion boards, selection panels, 
     and the assignment process; and
       (F) ensure officer evaluation responsibilities can be 
     accomplished within normal working hours--
       (i) to minimize any impact to officer duties; and
       (ii) to eliminate any need for an officer to take liberty 
     or leave for administrative purposes.
       (d) Report.--
       (1) In general.--Not later than 545 days after the date of 
     the enactment of this Act, the Commandant of the Coast Guard 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the findings of the surveys under 
     subsection (b).
       (2) Format.--The report under paragraph (1) shall be 
     formatted by each rank, type of board, and position, as 
     applicable.

     SEC. 804. EXTENSION OF AUTHORITY.

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

     SEC. 805. COAST GUARD ROTC PROGRAM.

       Not later than 1 year after the date of enactment of this 
     Act, the Commandant of the

[[Page S2173]]

     Coast Guard shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report on the costs and benefits of 
     creating a Coast Guard Reserve Officers' Training Corps 
     Program based on the other Armed Forces programs.

     SEC. 806. CURRENCY DETECTION CANINE TEAM PROGRAM.

       (a) Definitions.--In this section:
       (1) Canine currency detection team.--The term ``canine 
     currency detection team'' means a canine and a canine handler 
     that are trained to detect currency.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.
       (b) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish a 
     program to allow the use of canine currency detection teams 
     for purposes of Coast Guard maritime law enforcement, 
     including underway vessel boardings.
       (c) Operation.--The Secretary may cooperate with, or enter 
     into an agreement with, the head of another Federal agency to 
     meet the requirements under subsection (b).

     SEC. 807. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL 
                   SEARCH AND RESPONSE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall establish a Center of Expertise for Great Lakes Oil 
     Spill Preparedness and Response (referred to in this section 
     as the ``Center of Expertise'') in accordance with section 
     313 of title 14, United States Code, as amended by this Act.
       (b) Location.--The Center of Expertise shall be located in 
     close proximity to--
       (1) critical crude oil transportation infrastructure on and 
     connecting the Great Lakes, such as submerged pipelines and 
     high-traffic navigation locks; and
       (2) an institution of higher education with adequate 
     aquatic research laboratory facilities and capabilities and 
     expertise in Great Lakes aquatic ecology, environmental 
     chemistry, fish and wildlife, and water resources.
       (c) Functions.--The Center of Expertise shall--
       (1) monitor and assess, on an ongoing basis, the current 
     state of knowledge regarding freshwater oil spill response 
     technologies and the behavior and effects of oil spills in 
     the Great Lakes;
       (2) identify any significant gaps in Great Lakes oil spill 
     research, including an assessment of major scientific or 
     technological deficiencies in responses to past spills in the 
     Great Lakes and other freshwater bodies, and seek to fill 
     those gaps;
       (3) conduct research, development, testing, and evaluation 
     for freshwater oil spill response equipment, technologies, 
     and techniques to mitigate and respond to oil spills in the 
     Great Lakes;
       (4) educate and train Federal, State, and local first 
     responders located in Coast Guard District 9 in--
       (A) the incident command system structure;
       (B) Great Lakes oil spill response techniques and 
     strategies; and
       (C) public affairs; and
       (5) work with academic and private sector response training 
     centers to develop and standardize maritime oil spill 
     response training and techniques for use on the Great Lakes.
       (d) Definition.--In this section, the term ``Great Lakes'' 
     means Lake Superior, Lake Michigan, Lake Huron, Lake Erie, 
     and Lake Ontario.

     SEC. 808. PUBLIC SAFETY ANSWERING POINTS AND MARITIME SEARCH 
                   AND RESCUE COORDINATION.

       Not later than 180 days after the date of the enactment of 
     this Act--
       (1) the Secretary of the department in which the Coast 
     Guard is operating acting through the Commandant of the Coast 
     Guard shall review Coast Guard policies and procedures for 
     public safety answering points and search-and-rescue 
     coordination with State and local law enforcement entities in 
     order to--
       (A) further minimize the possibility of maritime 911 calls 
     being improperly routed; and
       (B) assure the Coast Guard is able to effectively carry out 
     the Coast Guard's maritime search and rescue mission; and
       (2) the Commandant shall--
       (A) formulate a national maritime public safety answering 
     points policy; and
       (B) submit a report to the Congress on such assessment and 
     policy, which shall include an update to the report submitted 
     in accordance with section 233 of the Howard Coble Coast 
     Guard and Maritime Transportation Act of 2014.

     SEC. 809. SHIP SHOAL LIGHTHOUSE TRANSFER: REPEAL.

       Effective January 1, 2021, section 27 of the Coast Guard 
     Authorization Act of 1991 (Public Law 102-241; 105 Stat. 
     2218) is repealed.

     SEC. 810. LAND EXCHANGE, AYAKULIK ISLAND, ALASKA.

       (a) Land Exchange; Ayakulik Island, Alaska.--If the owner 
     of Ayakulik Island, Alaska, offers to exchange the Island for 
     the Tract--
       (1) within 10 days after receiving such offer, the 
     Secretary shall provide notice of the offer to the 
     Commandant;
       (2) within 90 days after receiving the notice under 
     paragraph (1), the Commandant shall develop and transmit to 
     the Secretary proposed operational restrictions on commercial 
     activity conducted on the Tract, including the right of the 
     Commandant to--
       (A) order the immediate termination, for a period of up to 
     72 hours, of any activity occurring on or from the Tract that 
     violates or threatens to violate one or more of such 
     restrictions; or
       (B) commence a civil action for appropriate relief, 
     including a permanent or temporary injunction enjoining the 
     activity that violates or threatens to violate such 
     restrictions;
       (3) within 90 days after receiving the proposed operational 
     restrictions from the Commandant, the Secretary shall 
     transmit such restrictions to the owner of Ayakulik Island; 
     and
       (4) within 30 days after transmitting the proposed 
     operational restrictions to the owner of Ayakulik Island, and 
     if the owner agrees to such restrictions, the Secretary shall 
     convey all right, title, and interest of the United States in 
     and to the Tract to the owner, subject to an easement granted 
     to the Commandant to enforce such restrictions, in exchange 
     for all right, title, and interest of such owner in and to 
     Ayakulik Island.
       (b) Boundary Revisions.--The Secretary may make technical 
     and conforming revisions to the boundaries of the Tract 
     before the date of the exchange.
       (c) Public Land Order.--Effective on the date of an 
     exchange under subsection (a), Public Land Order 5550 shall 
     have no force or effect with respect to submerged lands that 
     are part of the Tract.
       (d) Failure to Timely Respond to Notice.--If the Commandant 
     does not transmit proposed operational restrictions to the 
     Secretary within 30 days after receiving the notice under 
     subsection (a)(1), the Secretary shall, by not later than 60 
     days after transmitting such notice, convey all right, title, 
     and interest of the United States in and to the Tract to the 
     owner of Ayakulik Island in exchange for all right, title, 
     and interest of such owner in and to Ayakulik Island.
       (e) CERCLA Not Affected.--This section and an exchange 
     under this section shall not be construed to limit the 
     application of or otherwise affect section 120(h) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9620(h)).
       (f) Definitions.--In this section:
       (1) Commandant.--The term ``Commandant'' means the 
     Secretary of the department in which the Coast Guard is 
     operating, acting through the Commandant of the Coast Guard.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Tract.--The term ``Tract'' means the land (including 
     submerged land) depicted as ``PROPOSED PROPERTY EXCHANGE 
     AREA'' on the survey titled ``PROPOSED PROPERTY EXCHANGE 
     PARCEL'' and dated 3/22/17.

     SEC. 811. USE OF TRACT 43.

       Section 524(e)(2) of the Pribilof Island Transition 
     Completion Act of 2016 (Public Law 114-120), as amended by 
     section 3533 of the Pribilof Island Transition Completion 
     Amendments Act of 2016 (subtitle B of title XXXV of Public 
     Law 114-328), is amended by--
       (1) striking ``each month'' and inserting ``each April and 
     October''; and
       (2) striking ``previous month'' and inserting ``previous 
     six months''.

     SEC. 812. COAST GUARD MARITIME DOMAIN AWARENESS.

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

[[Page S2174]]

     with the Secretary under subsection (a), the National Academy 
     of Sciences shall submit the assessment prepared under this 
     section to the Committees on Transportation and 
     Infrastructure and Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       (d) Use of Information.--In formulating costs pursuant to 
     subsection (b), the National Academy of Sciences may utilize 
     information from other Coast Guard reports, assessments, or 
     analyses regarding existing Coast Guard manpower requirements 
     or other reports, assessments, or analyses for the 
     acquisition of unmanned, autonomous, or remotely controlled 
     technologies by the Federal Government.

     SEC. 813. MONITORING.

       (a) In General.--The Secretary of the department in which 
     the Coast Guard is operating shall conduct a 1-year pilot 
     program to determine the impact of persistent use of 
     different types of surveillance systems on illegal maritime 
     activities, including illegal, unreported, and unregulated 
     fishing, in the Western Pacific region.
       (b) Requirements.--The pilot program shall--
       (1) consider the use of light aircraft-based detection 
     systems that can identify potential illegal activity from 
     high altitudes and produce enforcement-quality evidence at 
     low altitudes; and
       (2) be directed at detecting and deterring illegal maritime 
     activities, including illegal, unreported, and unregulated 
     fishing, and enhancing maritime domain awareness.

     SEC. 814. REIMBURSEMENTS FOR NON-FEDERAL CONSTRUCTION COSTS 
                   OF CERTAIN AIDS TO NAVIGATION.

       (a) In General.--Subject to the availability of amounts 
     specifically provided in advance in subsequent appropriations 
     Acts and in accordance with this section, the Commandant of 
     the Coast Guard may reimburse a non-Federal entity for costs 
     incurred by the entity for a covered project.
       (b) Conditions.--The Commandant may not provide 
     reimbursement under subsection (a) with respect to a covered 
     project unless--
       (1) the need for the project is a result of the completion 
     of construction with respect to a federally authorized 
     navigation channel;
       (2) the Commandant determines, through an appropriate 
     navigation safety analysis, that the project is necessary to 
     ensure safe marine transportation;
       (3) the Commandant approves the design of the project to 
     ensure that it meets all applicable Coast Guard aids-to-
     navigation standards and requirements;
       (4) the non-Federal entity agrees to transfer the project 
     upon completion to the Coast Guard for operation and 
     maintenance by the Coast Guard as a Federal aid to 
     navigation;
       (5) the non-Federal entity carries out the project in 
     accordance with the same laws and regulations that would 
     apply to the Coast Guard if the Coast Guard carried out the 
     project, including obtaining all permits required for the 
     project under Federal and State law; and
       (6) the Commandant determines that the project satisfies 
     such additional requirements as may be established by the 
     Commandant.
       (c) Limitations.--Reimbursements under subsection (a) may 
     not exceed the following:
       (1) For a single covered project, $5,000,000.
       (2) For all covered projects in a single fiscal year, 
     $5,000,000.
       (d) Expiration.--The authority granted under this section 
     shall expire on the date that is 4 years after the date of 
     enactment of this section.
       (e) Covered Project Defined.--In this section, the term 
     ``covered project'' means a project carried out--
       (1) by a non-Federal entity to construct and establish an 
     aid to navigation that facilitates safe and efficient marine 
     transportation on a Federal navigation project authorized by 
     title I of the Water Resources Development Act of 2007 
     (Public Law 110-114); and
       (2) in an area that was affected by Hurricane Harvey.

     SEC. 815. TOWING SAFETY MANAGEMENT SYSTEM FEES.

       (a) Review.--The Commandant of the Coast Guard shall--
       (1) review and compare the costs to the Government of--
       (A) towing vessel inspections performed by the Coast Guard; 
     and
       (B) such inspections performed by a third party; and
       (2) based on such review and comparison, determine whether 
     the costs to the Government of such inspections performed by 
     a third party are different than the costs to the Government 
     of such inspections performed by the Coast Guard.
       (b) Revision of Fees.--If the Commandant determines under 
     subsection (a) that the costs to the Government of such 
     inspections performed by a third party are different than the 
     costs to the Government of such inspections performed by the 
     Coast Guard, then the Commandant shall revise the fee 
     assessed by the Coast Guard for such inspections as necessary 
     to conform to the requirements under section 9701 of title 
     31, United States Code, that such fee be based on the cost to 
     the Government of such inspections and accurately reflect 
     such costs.

     SEC. 816. OIL SPILL DISBURSEMENTS AUDITING AND REPORT.

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

     SEC. 817. FLEET REQUIREMENTS ASSESSMENT AND STRATEGY.

       (a) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating, in consultation with 
     interested Federal and non-Federal stakeholders, shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     including--
       (1) an assessment of Coast Guard at-sea operational fleet 
     requirements to support its statutory missions established in 
     the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.); and
       (2) a strategic plan for meeting the requirements 
     identified under paragraph (1).
       (b) Contents.--The report under subsection (a) shall 
     include--
       (1) an assessment of--
       (A) the extent to which the Coast Guard at-sea operational 
     fleet requirements referred to in subsection (a)(1) are 
     currently being met;
       (B) the Coast Guard's current fleet, its operational 
     lifespan, and how the anticipated changes in the age and 
     distribution of vessels in the fleet will impact the ability 
     to meet at-sea operational requirements;
       (C) fleet operations and recommended improvements to 
     minimize costs and extend operational vessel life spans; and
       (D) the number of Fast Response Cutters, Offshore Patrol 
     Cutters, and National Security Cutters needed to meet at-sea 
     operational requirements as compared to planned acquisitions 
     under the current programs of record;
       (2) an analysis of--
       (A) how the Coast Guard at-sea operational fleet 
     requirements are currently met, including the use of the 
     Coast Guard's current cutter fleet, agreements with partners, 
     chartered vessels, and unmanned vehicle technology; and
       (B) whether existing and planned cutter programs of record 
     (including the Fast Response Cutter, Offshore Patrol Cutter, 
     and National Security Cutter) will enable the Coast Guard to 
     meet at-sea operational requirements; and
       (3) a description of--
       (A) planned manned and unmanned vessel acquisition; and
       (B) how such acquisitions will change the extent to which 
     the Coast Guard at-sea operational requirements are met.
       (c) Consultation and Transparency.--
       (1) Consultation.--In consulting with the Federal and non-
     Federal stakeholders under subsection (a), the Secretary of 
     the department in which the Coast Guard is operating shall--
       (A) provide the stakeholders with opportunities for input--
       (i) prior to initially drafting the report, including the 
     assessment and strategic plan; and
       (ii) not later than 3 months prior to finalizing the 
     report, including the assessment and strategic plan, for 
     submission; and
       (B) document the input and its disposition in the report.
       (2) Transparency.--All input provided under paragraph (1) 
     shall be made available to the public.
       (d) Ensuring Maritime Coverage.--In order to meet Coast 
     Guard mission requirements for search and rescue, ports, 
     waterways, and coastal security, and maritime environmental 
     response during recapitalization of Coast Guard vessels, the 
     Coast Guard shall ensure continuity of the coverage, to the 
     maximum extent practicable, in the locations that may lose 
     assets.

     SEC. 818. NATIONAL SECURITY CUTTER.

       (a) Standard Method for Tracking.--The Commandant of the 
     Coast Guard may not certify an eighth National Security 
     Cutter as Ready for Operations before the date on which the 
     Commandant provides to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate--
       (1) a notification of a new standard method for tracking 
     operational employment of Coast Guard major cutters that does 
     not include time during which such a cutter is away from its 
     homeport for maintenance or repair; and
       (2) a report analyzing cost and performance for different 
     approaches to achieving varied

[[Page S2175]]

     levels of operational employment using the standard method 
     required by paragraph (1) that, at a minimum--
       (A) compares over a 30-year period the average annualized 
     baseline cost and performances for a certified National 
     Security Cutter that operated for 185 days away from homeport 
     or an equivalent alternative measure of operational tempo--
       (i) against the cost of a 15 percent increase in days away 
     from homeport or an equivalent alternative measure of 
     operational tempo for a National Security Cutter; and
       (ii) against the cost of the acquisition and operation of 
     an additional National Security Cutter; and
       (B) examines the optimal level of operational employment of 
     National Security Cutters to balance National Security Cutter 
     cost and mission performance.
       (b) Conforming Amendments.--
       (1) Section 221(b) of the Coast Guard and Maritime 
     Transportation Act of 2012 (126 Stat. 1560) is repealed.
       (2) Section 204(c)(1) of the Coast Guard Authorization Act 
     of 2016 (130 Stat. 35) is repealed.

     SEC. 819. ACQUISITION PLAN FOR INLAND WATERWAY AND RIVER 
                   TENDERS AND BAY-CLASS ICEBREAKERS.

       (a) Acquisition Plan.--Not later than 270 days after the 
     date of the enactment of this Act, the Commandant of the 
     Coast Guard shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a plan to replace or extend the life of the 
     Coast Guard fleet of inland waterway and river tenders, and 
     the Bay-class icebreakers.
       (b) Contents.--The plan under subsection (a) shall 
     include--
       (1) an analysis of the work required to extend the life of 
     vessels described in subsection (a);
       (2) recommendations for which, if any, such vessels it is 
     cost effective to undertake a ship-life extension or enhanced 
     maintenance program;
       (3) an analysis of the aids to navigation program to 
     determine if advances in navigation technology may reduce the 
     needs for physical aids to navigation;
       (4) recommendations for changes to physical aids to 
     navigation and the distribution of such aids that reduce the 
     need for the acquisition of vessels to replace the vessels 
     described in subsection (a);
       (5) a schedule for the acquisition of vessels to replace 
     the vessels described in subsection (a), including the date 
     on which the first vessel will be delivered;
       (6) the date such acquisition will be complete;
       (7) a description of the order and location of replacement 
     vessels;
       (8) an estimate of the cost per vessel and of the total 
     cost of the acquisition program of record; and
       (9) an analysis of whether existing vessels can be used.

     SEC. 820. GREAT LAKES ICEBREAKER ACQUISITION.

       (a) Icebreaking on the Great Lakes.--For fiscal years 2018 
     and 2019, the Commandant of the Coast Guard may use funds 
     made available pursuant to section 4902 of title 14, United 
     States Code, as amended by this Act, for the construction of 
     an icebreaker that is at least as capable as the Coast Guard 
     Cutter Mackinaw to enhance icebreaking capacity on the Great 
     Lakes.
       (b) Acquisition Plan.--Not later than 45 days after the 
     date of enactment of this Act, the Commandant shall submit a 
     plan to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives for acquiring an icebreaker described in 
     subsections (a) and (b). Such plan shall include--
       (1) the details and schedule of the acquisition activities 
     to be completed; and
       (2) a description of how the funding for Coast Guard 
     acquisition, construction, and improvements that was 
     appropriated under the Consolidated Appropriations Act, 2017 
     (Public Law 115-31) will be allocated to support the 
     acquisition activities referred to in paragraph (1).

     SEC. 821. POLAR ICEBREAKERS.

       (a) Enhanced Maintenance Program for the Polar Star.--
       (1) In general.--Subject to the availability of 
     appropriations, the Commandant of the Coast Guard shall 
     conduct an enhanced maintenance program on Coast Guard Cutter 
     Polar Star (WAGB-10) to extend the service life of such 
     vessel until at least December 31, 2025.
       (2) Requirement for report.--Not later than 180 days after 
     the date of the enactment of the Coast Guard Authorization 
     Act of 2017, the Secretary of the department in which the 
     Coast Guard is operating, in consultation with Naval Sea 
     Systems Command, shall submit to the Committee on Commerce, 
     Science, and Transportation 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) until at least December 31, 2025, through an enhanced 
     maintenance program.
       (3) Content.--The report required by paragraph (2) shall 
     include the following:
       (A) An assessment and discussion of the enhanced 
     maintenance program recommended by the National Academies of 
     Sciences, Engineering, and Medicine's Committee on Polar 
     Icebreaker Cost Assessment in the letter report ``Acquisition 
     and Operation of Polar Icebreakers: Fulfilling the Nation's 
     Needs''.
       (B) An assessment and discussion of the Government 
     Accountability Office's concerns and recommendations 
     regarding service life extension work on Coast Guard Cutter 
     Polar Star (WAGB-10) in the report ``Status of the Coast 
     Guard's Polar Icebreaking Fleet Capability and 
     Recapitalization Plan''.
       (C) Based upon a materiel condition assessment of the Coast 
     Guard Cutter Polar Star (WAGB-10)--
       (i) a description of the service life extension needs of 
     the vessel;
       (ii) detailed information regarding planned shipyard work 
     for each fiscal year to meet such needs; and
       (iii) an estimate of the amount needed to be appropriated 
     to complete the enhanced maintenance program.
       (D) A plan to ensure the vessel will maintain seasonally 
     operational status during the enhanced maintenance program.
       (4) Authorization of appropriations.--The Commandant of the 
     Coast Guard may use funds made available pursuant to section 
     4902 of title 14, United States Code, as amended by section 
     202 of this Act, for the enhanced maintenance program 
     described in the report required by subsection (a).
       (b) Overdue Report.--Upon the date of enactment of the 
     Coast Guard Authorization Act of 2017, the Secretary of the 
     department in which the Coast Guard is operating 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 the polar 
     icebreaker recapitalization plan required under section 3523 
     of the National Defense Authorization Act for Fiscal Year 
     2017 (Public Law 114-328).
       (c) Coast Guard and Maritime Transportation Act of 2012; 
     Amendment.--Section 222 of the Coast Guard and Maritime 
     Transportation Act of 2012 (Public Law 112-213), as amended, 
     is further amended as follows:
       (1) by striking subsections (a) through (d);
       (2) by redesignating subsections (e) through (g) as 
     subsections (a) through (c), respectively;
       (3) in subsection (a), as redesignated--
       (A) in the matter preceding paragraph (1), by striking 
     ``Except as provided in subsection (c), the Commandant'' and 
     inserting ``The Commandant'';
       (B) in paragraph (1) by striking ``Polar Sea or'';
       (C) in paragraph (2) by striking ``either of the vessels'' 
     and inserting ``the Polar Star or the Polar Sea''; and
       (D) in paragraph (3) by striking ``either of the vessels'' 
     each place it appears and inserting ``the Polar Star''.

     SEC. 822. STRATEGIC ASSETS IN THE ARCTIC.

       (a) Definition of Arctic.--In this section, the term 
     ``Arctic'' has the meaning given the term in section 112 of 
     the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Arctic continues to grow in significance to both 
     the national security interests and the economic prosperity 
     of the United States; and
       (2) the Coast Guard must ensure it is positioned to respond 
     to any accident, incident, or threat with appropriate assets.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Commandant of the Coast Guard, in 
     consultation with the Secretary of Defense and taking into 
     consideration the Department of Defense 2016 Arctic Strategy, 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the progress toward implementing 
     the strategic objectives described in the United States Coast 
     Guard Arctic Strategy dated May 2013.
       (d) Contents.--The report under subsection (c) shall 
     include--
       (1) a description of the Coast Guard's progress toward each 
     strategic objective identified in the United States Coast 
     Guard Arctic Strategy dated May 2013;
       (2) an assessment of the assets and infrastructure 
     necessary to meet the strategic objectives identified in the 
     United States Coast Guard Arctic Strategy dated May 2013 
     based on factors such as--
       (A) response time;
       (B) coverage area;
       (C) endurance on scene;
       (D) presence; and
       (E) deterrence;
       (3) an analysis of the sufficiency of the distribution of 
     National Security Cutters, Offshore Patrol Cutters, and Fast 
     Response Cutters both stationed in various Alaskan ports and 
     in other locations to meet the strategic objectives 
     identified in the United States Coast Guard Arctic Strategy, 
     dated May 2013;
       (4) plans to provide communications throughout the entire 
     Coastal Western Alaska Captain of the Port zone to improve 
     waterway safety and mitigate close calls, collisions, and 
     other dangerous interactions between the shipping industry 
     and subsistence hunters;
       (5) plans to prevent marine casualties, when possible, by 
     ensuring vessels avoid environmentally sensitive areas and 
     permanent security zones;
       (6) an explanation of--

[[Page S2176]]

       (A) whether it is feasible to establish a vessel traffic 
     service, using existing resources or otherwise; and
       (B) whether an Arctic Response Center of Expertise is 
     necessary to address the gaps in experience, skills, 
     equipment, resources, training, and doctrine to prepare, 
     respond to, and recover spilled oil in the Arctic; and
       (7) an assessment of whether sufficient agreements are in 
     place to ensure the Coast Guard is receiving the information 
     it needs to carry out its responsibilities.

     SEC. 823. ARCTIC PLANNING CRITERIA.

       (a) Alternative Planning Criteria.--
       (1) In general.--For purposes of the Oil Pollution Act of 
     1990 (33 U.S.C. 2701 et seq.), the Commandant of the Coast 
     Guard may approve a vessel response plan under section 311 of 
     the Federal Water Pollution Control Act (33 U.S.C. 1321) for 
     a vessel operating in any area covered by the Captain of the 
     Port Zone (as established by the Commandant) that includes 
     the Arctic, if the Commandant verifies that--
       (A) equipment required to be available for response under 
     the plan has been tested and proven capable of operating in 
     the environmental conditions expected in the area in which it 
     is intended to be operated; and
       (B) the operators of such equipment have conducted training 
     on the equipment within the area covered by such Captain of 
     the Port Zone.
       (2) Post-approval requirements.--In approving a vessel 
     response plan under paragraph (1), the Commandant shall--
       (A) require that the oil spill removal organization 
     identified in the vessel response plan conduct regular 
     exercises and drills of the plan in the area covered by the 
     Captain of the Port Zone that includes the Arctic; and
       (B) allow such oil spill removal organization to take 
     credit for a response to an actual spill or release in the 
     area covered by such Captain of the Port Zone, instead of 
     conducting an exercise or drill required under subparagraph 
     (A), if the oil spill removal organization--
       (i) documents which exercise or drill requirements were met 
     during the response; and
       (ii) submits a request for credit to, and receives approval 
     from, the Commandant.
       (b) Report.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the oil spill prevention and 
     response capabilities for the area covered by the Captain of 
     the Port Zone (as established by the Commandant) that 
     includes the Arctic.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include the following:
       (A) A description of equipment and assets available for 
     response under the vessel response plans approved for vessels 
     operating in the area covered by the Captain of the Port 
     Zone, including details on any providers of such equipment 
     and assets.
       (B) A description of the location of such equipment and 
     assets, including an estimate of the time to deploy the 
     equipment and assets.
       (C) A determination of how effectively such equipment and 
     assets are distributed throughout the area covered by the 
     Captain of the Port Zone.
       (D) A statement regarding whether the ability to maintain 
     and deploy such equipment and assets is taken into account 
     when measuring the equipment and assets available throughout 
     the area covered by the Captain of the Port Zone.
       (E) A validation of the port assessment visit process and 
     response resource inventory for response under the vessel 
     response plans approved for vessels operating in the area 
     covered by the Captain of the Port Zone.
       (F) A determination of the compliance rate with Federal 
     vessel response plan regulations in the area covered by the 
     Captain of the Port Zone during the previous 3 years.
       (G) A description of the resources needed throughout the 
     area covered by the Captain of the Port Zone to conduct port 
     assessments, exercises, response plan reviews, and spill 
     responses.
       (c) Definition of Arctic.--In this section, the term 
     ``Arctic'' has the meaning given the term under section 112 
     of the Arctic Research and Policy Act of 1984 (15 U.S.C. 
     4111).

     SEC. 824. VESSEL RESPONSE PLAN AUDIT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall complete and submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a comprehensive review of the processes 
     and resources used by the Coast Guard to implement vessel 
     response plan requirements under section 311 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1321).
       (b) Required Elements of Review.--The review required under 
     subsection (a) shall, at a minimum, include--
       (1) a study, or an audit if appropriate, of the processes 
     the Coast Guard uses--
       (A) to approve the vessel response plans referred to in 
     subsection (a);
       (B) to approve alternate planning criteria used in lieu of 
     National Planning Criteria in approving such plans;
       (C) to verify compliance with such plans; and
       (D) to act in the event of a failure to comply with the 
     requirements of such plans;
       (2) an examination of all Federal and State agency 
     resources used by the Coast Guard in carrying out the 
     processes identified under paragraph (1), including--
       (A) the current staffing model and organization;
       (B) data, software, simulators, systems, or other 
     technology, including those pertaining to weather, oil spill 
     trajectory modeling, and risk management;
       (C) the total amount of time per fiscal year expended by 
     Coast Guard personnel to approve and verify compliance with 
     vessel response plans; and
       (D) the average amount of time expended by the Coast Guard 
     for approval of, and verification of compliance with, a 
     single vessel response plan;
       (3) an analysis of how, including by what means or methods, 
     the processes identified under paragraph (1)--
       (A) ensure compliance with applicable law;
       (B) are implemented by the Coast Guard, including at the 
     district and sector levels;
       (C) are informed by public comment and engagement with 
     States, Indian Tribes, and other regional stakeholders;
       (D) ensure availability and adequate operational capability 
     and capacity of required assets and equipment, including in 
     cases in which contractual obligations may limit the 
     availability of such assets and equipment for response;
       (E) provide for adequate asset and equipment mobilization 
     time requirements, particularly with respect to--
       (i) calculation and establishment of such requirements;
       (ii) verifying compliance with such requirements; and
       (iii) factoring in weather, including specific regional 
     adverse weather as defined in section 155.1020 of title 33, 
     Code of Federal Regulations, in calculating, establishing, 
     and verifying compliance with such requirements;
       (F) ensure response plan updates and vessel compliance when 
     changes occur in response planning criteria, asset and 
     equipment mobilization times, or regional response needs, 
     such as trends in transportation of high gravity oils or 
     changes in vessel traffic volume; and
       (G) enable effective action by the Coast Guard in the event 
     of a failure to comply with response plan requirements;
       (4) a determination regarding whether asset and equipment 
     mobilization time requirements under approved vessel response 
     plans can be met by the vessels to which they apply; and
       (5) recommendations for improving the processes identified 
     under paragraph (1), including recommendations regarding the 
     sufficiency of Coast Guard resources dedicated to those 
     processes.

     SEC. 825. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED 
                   STATES FOR CERTAIN PURPOSES.

       For purposes of the application of subtitle II of title 46, 
     United States Code, to the Volunteer (Hull Number CCA4108), 
     the Illinois and Michigan Canal is deemed to not be navigable 
     waters of the United States.

     SEC. 826. DOCUMENTATION OF RECREATIONAL VESSELS.

       Coast Guard personnel performing nonrecreational vessel 
     documentation functions under subchapter II of chapter 121 of 
     title 46, United States Code, may perform recreational vessel 
     documentation under section 12114 of such title in any fiscal 
     year in which--
       (1) funds available for Coast Guard operating expenses may 
     not be used for expenses incurred for recreational vessel 
     documentation;
       (2) fees collected from owners of yachts and credited to 
     such use are insufficient to pay expenses of recreational 
     vessel documentation; and
       (3) there is a backlog of applications for recreational 
     vessel documentation.

     SEC. 827. EQUIPMENT REQUIREMENTS; EXEMPTION FROM THROWABLE 
                   PERSONAL FLOTATION DEVICES REQUIREMENT.

       Not later than one year after the date of enactment of this 
     Act, the Secretary of the department in which the Coast Guard 
     is operating shall--
       (1) prescribe regulations in part 160 of title 46, Code of 
     Federal Regulations, that treat a marine throw bag, as that 
     term is commonly used in the commercial whitewater rafting 
     industry, as a type of lifesaving equipment; and
       (2) revise section 175.17 of title 33, Code of Federal 
     Regulations, to exempt rafts that are 16 feet or more overall 
     in length from the requirement to carry an additional 
     throwable personal flotation device when such a marine throw 
     bag is onboard and accessible.

     SEC. 828. VISUAL DISTRESS SIGNALS AND ALTERNATIVE USE.

       (a) In General.--The Secretary of the department in which 
     the Coast Guard is operating shall develop a performance 
     standard for the alternative use and possession of visual 
     distress alerting and locating signals as mandated by 
     carriage requirements for recreational boats in subpart C of 
     part 175 of title 33, Code of Federal Regulations.
       (b) Regulations.--Not later than 180 days after the 
     performance standard for alternative use and possession of 
     visual distress alerting and locating signals is finalized, 
     the

[[Page S2177]]

     Secretary shall revise part 175 of title 33, Code of Federal 
     Regulations, to allow for carriage of such alternative signal 
     devices.

     SEC. 829. RADAR REFRESHER TRAINING.

       Not later than 60 days after the date of enactment of this 
     Act, the Secretary of the department in which the Coast Guard 
     is operating shall prescribe a final rule eliminating the 
     requirement that a mariner actively using the mariner's 
     credential complete an approved refresher or recertification 
     course to maintain a radar observer endorsement. This 
     rulemaking shall be exempt from chapters 5 and 6 of title 5, 
     United States Code, and Executive Orders 12866 and 13563.

     SEC. 830. COMMERCIAL FISHING VESSEL SAFETY NATIONAL 
                   COMMUNICATIONS PLAN.

       (a) Requirement for Plan.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary of the 
     department in which the Coast Guard is operating shall 
     develop and submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a national communications plan for the 
     purposes of--
       (1) disseminating information to the commercial fishing 
     vessel industry;
       (2) conducting outreach with the commercial fishing vessel 
     industry;
       (3) facilitating interaction with the commercial fishing 
     vessel industry; and
       (4) releasing information collected under section 15102 of 
     title 46, United States Code, as added by this Act, to the 
     commercial fishing vessel industry.
       (b) Content.--The plan required by subsection (a), and each 
     annual update, shall--
       (1) identify staff, resources, and systems available to the 
     Secretary to ensure the widest dissemination of information 
     to the commercial fishing vessel industry;
       (2) include a means to document all communication and 
     outreach conducted with the commercial fishing vessel 
     industry; and
       (3) include a mechanism to measure effectiveness of such 
     plan.
       (c) Implementation.--Not later than one year after 
     submission of the initial plan, the Secretary of the 
     department in which the Coast Guard is operating shall 
     implement the plan and shall at a minimum--
       (1) leverage Coast Guard staff, resources, and systems 
     available;
       (2) monitor implementation nationwide to ensure adherence 
     to plan contents;
       (3) allow each Captain of the Port to adopt the most 
     effective strategy and means to communicate with commercial 
     fishing vessel industry in that Captain of the Port Zone;
       (4) document communication and outreach; and
       (5) solicit feedback from the commercial fishing vessel 
     industry.
       (d) Report and Updates.--The Secretary of the department in 
     which the Coast Guard is operating shall--
       (1) submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the effectiveness of the plan to 
     date and any updates to ensure maximum impact of the plan one 
     year after the date of enactment of this Act, and every 4 
     years thereafter; and
       (2) include in such report input from individual Captains 
     of the Port and any feedback received from the commercial 
     fishing vessel industry.

     SEC. 831. AUTHORIZATION FOR MARINE DEBRIS PROGRAM.

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

     ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       ``Of the amounts authorized for each fiscal year under 
     section 4902 of title 14, United States Code, up to 
     $2,000,000 are authorized for the Commandant to carry out 
     section 4 of this Act, of which not more than 10 percent may 
     be used for administrative costs.''.

     SEC. 832. ATLANTIC COAST PORT ACCESS ROUTE STUDY 
                   RECOMMENDATIONS.

       Not later than 30 days after the date of the enactment of 
     the Act, the Commandant of the Coast Guard shall notify the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate of action taken to carry out 
     the recommendations contained in the final report issued by 
     the Atlantic Coast Port Access Route Study (ACPARS) workgroup 
     for which notice of availability was published March 14, 2016 
     (81 Fed. Reg. 13307).

     SEC. 833. DRAWBRIDGES.

       Section 5 of the Act entitled ``An Act making 
     appropriations for the construction, repair, and preservation 
     of certain public works on rivers and harbors, and for other 
     purposes'', approved August 18, 1894 (33 U.S.C. 499), is 
     amended by adding at the end the following:
       ``(d) Temporary Changes to Drawbridge Operating 
     Schedules.--Notwithstanding section 553 of title 5, United 
     States Code, whenever a temporary change to the operating 
     schedule of a drawbridge, lasting 180 days or less--
       ``(1) is approved--
       ``(A) the Secretary of the department in which the Coast 
     Guard is operating shall--
       ``(i) issue a deviation approval letter to the bridge 
     owner; and
       ``(ii) announce the temporary change in--

       ``(I) the Local Notice to Mariners;
       ``(II) a broadcast notice to mariners and through radio 
     stations; or
       ``(III) such other local media as the Secretary considers 
     appropriate; and

       ``(B) the bridge owner, except a railroad bridge owner, 
     shall notify--
       ``(i) the public by publishing notice of the temporary 
     change in a newspaper of general circulation published in the 
     place where the bridge is located;
       ``(ii) the department, agency, or office of transportation 
     with jurisdiction over the roadway that abuts the approaches 
     to the bridge; and
       ``(iii) the law enforcement organization with jurisdiction 
     over the roadway that abuts the approaches to the bridge; or
       ``(2) is denied, the Secretary of the department in which 
     the Coast Guard is operating shall--
       ``(A) not later than 10 days after the date of receipt of 
     the request, provide the bridge owner in writing the reasons 
     for the denial, including any supporting data and evidence 
     used to make the determination; and
       ``(B) provide the bridge owner a reasonable opportunity to 
     address each reason for the denial and resubmit the request.
       ``(e) Drawbridge Movements.--The Secretary of the 
     department in which the Coast Guard is operating--
       ``(1) shall require a drawbridge operator to record each 
     movement of the drawbridge in a logbook;
       ``(2) may inspect the logbook to ensure drawbridge movement 
     is in accordance with the posted operating schedule;
       ``(3) shall review whether deviations from the posted 
     operating schedule are impairing vehicular and pedestrian 
     traffic; and
       ``(4) may determine if the operating schedule should be 
     adjusted for efficiency of maritime or vehicular and 
     pedestrian traffic.
       ``(f) Requirements.--
       ``(1) Logbooks.--An operator of a drawbridge built across a 
     navigable river or other water of the United States--
       ``(A) that opens the draw of such bridge for the passage of 
     a vessel, shall record in a logbook--
       ``(i) the bridge identification and date of each opening;
       ``(ii) the bridge tender or operator for each opening;
       ``(iii) each time it is opened for navigation;
       ``(iv) each time it is closed for navigation;
       ``(v) the number and direction of vessels passing through 
     during each opening;
       ``(vi) the types of vessels passing through during each 
     opening;
       ``(vii) an estimated or known size (height, length, and 
     beam) of the largest vessel passing through during each 
     opening;
       ``(viii) for each vessel, the vessel name and registration 
     number if easily observable; and
       ``(ix) all maintenance openings, malfunctions, or other 
     comments; and
       ``(B) that remains open to navigation but closes to allow 
     for trains to cross, shall record in a logbook--
       ``(i) the bridge identification and date of each opening 
     and closing;
       ``(ii) the bridge tender or operator;
       ``(iii) each time it is opened to navigation;
       ``(iv) each time it is closed to navigation; and
       ``(v) all maintenance openings, closings, malfunctions, or 
     other comments.
       ``(2) Maintenance of logbooks.--A drawbridge operator shall 
     maintain logbooks required under paragraph (1) for not less 
     than 5 years.
       ``(3) Submission of logbooks.--At the request of the 
     Secretary of the department in which the Coast Guard is 
     operating, a drawbridge operator shall submit to the 
     Secretary the logbook required under paragraph (1) as the 
     Secretary considers necessary to carry out this section.
       ``(4) Exemption.--The requirements under paragraph (1) 
     shall be exempt from sections 3501 to 3521 of title 44, 
     United States Code.''.

     SEC. 834. WAIVER.

       Section 8902 of title 46, United States Code, shall not 
     apply to the chain ferry DIANE (United States official number 
     CG002692) when such vessel is operating on the Kalamazoo 
     River in Saugatuck, Michigan.

     SEC. 835. FIRE-RETARDANT MATERIALS.

       Section 3503 of title 46, United States Code, is amended to 
     read as follows:

     ``Sec. 3503. Fire-retardant materials

       ``(a)(1) A passenger vessel of the United States having 
     berth or stateroom accommodations for at least 50 passengers 
     shall be granted a certificate of inspection only if--
       ``(A) the vessel is constructed of fire-retardant 
     materials; and
       ``(B) the vessel--
       ``(i) is operating engines, boilers, main electrical 
     distribution panels, fuel tanks, oil tanks, and generators 
     that meet current Coast Guard regulations; and
       ``(ii) is operating boilers and main electrical generators 
     that are contained within noncombustible enclosures equipped 
     with fire suppression systems.
       ``(2) Before December 1, 2028, this subsection does not 
     apply to any vessel in operation before January 1, 1968, and 
     operating only within the Boundary Line.
       ``(b)(1) The owner or managing operator of an exempted 
     vessel described in subsection (a)(2) shall--
       ``(A) notify in writing prospective passengers, prior to 
     purchase, and each crew member that the vessel does not 
     comply

[[Page S2178]]

     with applicable fire safety standards due primarily to the 
     wooden construction of passenger berthing areas;
       ``(B) display in clearly legible font prominently 
     throughout the vessel, including in each state room the 
     following: `THIS VESSEL FAILS TO COMPLY WITH SAFETY RULES AND 
     REGULATIONS OF THE U.S. COAST GUARD.';
       ``(C) acquire prior to the vessel entering service, and 
     maintain, liability insurance in an amount to be prescribed 
     by the Federal Maritime Commission;
       ``(D) make annual structural alteration to not less than 10 
     percent of the areas of the vessel that are not constructed 
     of fire retardant materials;
       ``(E) prioritize alterations in galleys, engineering areas 
     of the vessel, including all spaces and compartments 
     containing, or adjacent to spaces and compartments 
     containing, engines, boilers, main electrical distribution 
     panels, fuel tanks, oil tanks, and generators;
       ``(F) ensure, to the satisfaction of the Secretary, that 
     the combustible fire-load has been reduced pursuant to 
     subparagraph (D) during each annual inspection for 
     certification;
       ``(G) ensure the vessel has multiple forms of egress off 
     the vessel's bow and stern;
       ``(H) provide advance notice to the Coast Guard regarding 
     the structural alterations made pursuant to subparagraph (D) 
     and comply with any noncombustible material requirements 
     prescribed by the Coast Guard;
       ``(I) annually notify all ports of call and State emergency 
     management offices of jurisdiction that the vessel does not 
     comply with the requirement under subsection (a)(1);
       ``(J) provide crewmembers manning such vessel shipboard 
     training that--
       ``(i) is specialized for exempted vessels;
       ``(ii) exceeds requirements related to standards for 
     firefighting training under chapter I of title 46, Code of 
     Federal Regulations, as in effect on October 1, 2017; and
       ``(iii) is approved by the Coast Guard; and
       ``(K) to the extent practicable, take all steps to retain 
     previously trained crew knowledgeable of such vessel or to 
     hire crew trained in operations aboard exempted vessels.
       ``(2) The owner or managing operator of an exempted vessel 
     described in subsection (a)(2) may not disclaim liability to 
     a passenger or crew member of such vessel for death, injury, 
     or any other loss caused by fire due to the negligence of the 
     owner or managing operator.
       ``(3) The Secretary shall--
       ``(A) conduct an annual audit and inspection of each 
     exempted vessel described in subsection (a)(2);
       ``(B) in implementing subparagraph (b)(1)(F), consider, to 
     the extent practicable, the goal of preservation of the 
     historic integrity of such vessel in areas carrying or 
     accessible to passengers or generally visible to the public; 
     and
       ``(C) prescribe regulations to carry out this section, 
     including to prescribe the manner in which prospective 
     passengers are to be notified under paragraph (1)(A).
       ``(4) The penalties provided in section 3504(c) of this 
     title shall apply to a violation of this subsection.
       ``(c) In addition to otherwise applicable penalties, the 
     Secretary may immediately withdraw a certificate of 
     inspection for an exempted vessel described in subsection 
     (a)(2) that does not comply with any requirement under 
     subsection (b).''.

     SEC. 836. LETTERS OF DETERMINATION.

       (a) In General.--Notwithstanding sections 12112(a)(2)(A) 
     and 12113(a)(2) of title 46, United States Code, the 
     Secretary of the department in which the Coast Guard is 
     operating (referred to in this section as the ``Secretary'') 
     shall issue a certificate of documentation with coastwise and 
     fishery endorsements for the vessel ``AMERICA'S FINEST'' 
     (United States official number 1276760) if--
       (1) the chief executive officer of the shipyard that built 
     the vessel and the chief executive officer of the company 
     purchasing the vessel and their respective entities fully 
     comply with the requirements in paragraph (2); and
       (2) the Secretary, through the Commandant of the Coast 
     Guard, renders an affirmative determination under subsection 
     (d).
       (b) Replacement Vessels.--The vessel ``AMERICA'S FINEST'' 
     (United States official number 1276760) shall--
       (1) qualify as a replacement vessel for the vessel 
     ``AMERICA NO. 1'' (United States official number 610654) and 
     as an Amendment 80 replacement vessel, as defined in section 
     679.2 of title 50, Code of Federal Regulations; and
       (2) not be precluded from operating as an Amendment 80 
     replacement vessel under the provisions of part 679 of title 
     50, Code of Federal Regulations.
       (c) Requirements.--
       (1) In general.--After issuing the certificate of 
     documentation under subsection (a), the Commandant of the 
     Coast Guard shall require the chief executive officer of the 
     shipyard that built the vessel and the chief executive 
     officer of the company purchasing the vessel to each submit, 
     not later than 30 days after the issuance date, a written 
     affidavit to the Commandant of the Coast Guard that--
       (A) certifies that neither person nor their respective 
     entities had knowledge that the use of certain foreign 
     fabricated steel components on the vessel would violate 
     requirements under sections 12112(a)(2)(A) and 12113(a)(2) of 
     title 46, United States Code, prior to the installation of 
     such components;
       (B) describes why the shipyard or the vessel owner or 
     purchaser and their respective entities chose to use certain 
     foreign fabricated steel components for the construction of 
     the vessel;
       (C) certifies that neither person or their respective 
     entities had prior knowledge of the ability to request a 
     Letter of Determination from the Coast Guard prior to or 
     during the construction of the vessel to ensure compliance 
     with all requirements under such sections 12112(a)(2)(A) and 
     12113(a)(2);
       (D) includes an engineering analysis, conducted by a 
     professionally certified naval architect, to determine the 
     percentage (by tonnage) of foreign fabricated steel utilized 
     in the construction of the vessel; and
       (E) certifies that each person and their respective 
     entities are now fully aware of requirements under such 
     sections 12112(a)(2)(A) and 12113(a)(2).
       (2) Submission.--
       (A) Extension.--The Secretary may extend the deadline under 
     paragraph (1), if the Secretary determines the circumstances 
     warrant such an extension.
       (B) Revocation.--If the affidavits required under paragraph 
     (1) are not submitted by the date required under that 
     paragraph or subparagraph (A) of this paragraph, as 
     applicable, the Commandant of the Coast Guard shall 
     immediately revoke the certificate of documentation issued 
     under subsection (a).
       (d) Coast Guard Determination.--
       (1) Review.--Not later than 30 days after the date of the 
     submission of the affidavits under subsection (c)(1), the 
     Secretary, acting through the Commandant of the Coast Guard, 
     shall conduct and complete a review to substantiate the 
     affidavits submitted under such subsection. As part of the 
     review, the Secretary, Commandant, and appropriate Federal 
     law enforcement agency may request and review--
       (A) any official or unofficial electronic or physical 
     records, including any engineering analyses of the vessel 
     conducted by a professionally certified naval architect;
       (B) any contractual agreements between the contracting 
     parties;
       (C) any information provided by other Federal agencies 
     regarding the future use of the vessel as a fishing vessel 
     documented under the laws of the United States; and
       (D) any other relevant information, correspondence, or 
     documents.
       (2) Determination.--If, after completing the review under 
     paragraph (1), the Secretary finds evidence to suggest that 
     the shipyard or the purchaser of the vessel had knowledge 
     that the use of certain foreign fabricated steel components 
     would violate requirements under sections 12112(a)(2)(A) and 
     12113(a)(2) of title 46, United States Code, before such 
     components were procured or installed, the vessel shall be 
     ineligible to receive such endorsements described in 
     subsection (a) of this section.
       (e) Waiver of Claims.--By submitting an affidavit under 
     subsection (c)(1), the submitting party, all entities 
     represented by a submitting party, and any third party that 
     could otherwise sustain an action based upon the action of a 
     submitting party or entity represented by a submitting party, 
     thereby waives all claims against the Secretary, the 
     Commandant of the Coast Guard, and their departments and any 
     persons acting on their behalf, regarding any potential 
     claims arising from the determination set forth in this 
     section.
       (f) Termination Rule.--In the event that the original 
     purchaser terminates the original agreement, the original 
     purchaser is prohibited from entering into a subsequent 
     contract or agreement for purchase of the vessel described in 
     subsection (a).
       (g) Definitions.--In this section:
       (1) Original agreement.--The term ``original agreement'' 
     means the Vessel Construction Agreement entered into by the 
     original purchaser with Dakota Creek Industries on November 
     18, 2014, relating to the vessel described in subsection (a).
       (2) Original purchaser.--The term ``original purchaser'' 
     means--
       (A) the entity that entered into the first agreement with 
     Dakota Creek Industries to purchase the vessel described in 
     subsection (a); and
       (B) any subsidiary of, or other entity owned or controlled 
     by, that entity.
       (3) Respective entity.--The term ``respective entity'' 
     means--
       (A) the shipyard that built the vessel ``AMERICA'S FINEST'' 
     (United States official number 1276760), when used with 
     respect to the chief executive officer of the shipyard; and
       (B) the original purchaser, when used with respect to the 
     chief executive officer of the original purchaser.

     SEC. 837. TEMPORARY LIMITATIONS.

       (a) Limitations.--
       (1) In general.--Upon the Coast Guard issuing a certificate 
     of documentation with coastwise and fishery endorsements for 
     the vessel ``AMERICA'S FINEST'' (United States official 
     number 1276760), and subject to subsection (b), the vessels 
     described in paragraph (2) shall not collectively exceed--
       (A) the percentage of the harvest available in any Gulf of 
     Alaska groundfish fisheries (other than fisheries subject to 
     a limited access privilege program created by the North 
     Pacific Fishery Management Council) that is equivalent to the 
     total harvest by the vessels

[[Page S2179]]

     described in paragraph (2) in those fisheries in the calendar 
     years that a vessel described in paragraph (2) had harvest 
     from 2012 through 2017 relative to the total allowable catch 
     available to such vessels in the calendar years 2012 through 
     2017; or
       (B) the percentage of processing of deliveries from other 
     vessels in any Bering Sea, Aleutian Islands, and Gulf of 
     Alaska groundfish fisheries (including fisheries subject to a 
     limited access privilege program created by the North Pacific 
     Fishery Management Council, or community development quotas 
     as described in section 305(i) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1855(i))) 
     that is equivalent to the total processing of such deliveries 
     by the vessels described in paragraph (2) in those fisheries 
     in the calendar years 2012 through 2017 relative to the total 
     allowable catch available in the calendar years 2012 through 
     2017.
       (2) Applicable vessels.--The limitations described in 
     paragraph (1) shall apply, in the aggregate, to--
       (A) the vessel AMERICA'S FINEST (United States official 
     number 1276760);
       (B) the vessel US INTREPID (United States official number 
     604439);
       (C) the vessel AMERICAN NO. 1 (United States official 
     number 610654);
       (D) any replacement of a vessel described in subparagraph 
     (A), (B), or (C); and
       (E) any vessel assigned license number LLG3217 under the 
     license limitation program under part 679 of title 50, Code 
     of Federal Regulations.
       (b) Expiration.--The limitations described in subsection 
     (a) shall apply to a groundfish species in Bering Sea, 
     Aleutian Islands, and Gulf of Alaska only until the earlier 
     of--
       (1) the end of the 6-year period beginning on the date of 
     enactment of this Act; or
       (2) the date on which the Secretary of Commerce issues a 
     final rule, based on recommendations developed by the North 
     Pacific Fishery Management Council consistent with the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1801 et seq.), that limits processing deliveries of 
     that groundfish species from other vessels in any Bering Sea, 
     Aleutian Islands, and Gulf of Alaska groundfish fisheries 
     that are not subject to conservation and management measures 
     under section 206 of the American Fisheries Act (16 U.S.C. 
     1851 note).
       (c) Existing Authority.--Except for the measures required 
     by this section, nothing in this title shall be construed to 
     limit the authority of the North Pacific Fishery Management 
     Council or the Secretary of Commerce under the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.).

     SEC. 838. TRANSFER OF COAST GUARD PROPERTY IN JUPITER ISLAND, 
                   FLORIDA, FOR INCLUSION IN HOBE SOUND NATIONAL 
                   WILDLIFE REFUGE.

       (a) Transfer.--Administrative jurisdiction over the 
     property described in subsection (b) is transferred to the 
     Secretary of the Interior.
       (b) Property Described.--The property described in this 
     subsection is real property administered by the Coast Guard 
     in the Town of Jupiter Island, Florida, comprising Parcel 
     #35-38-42-004-000-02590-6 (Bon Air Beach lots 259 and 260 
     located at 83 North Beach Road) and Parcel #35-38-42-004-000-
     02610-2 (Bon Air Beach lots 261 to 267), including any 
     improvements thereon that are not authorized or required by 
     another provision of law to be conveyed to another person.
       (c) Administration.--The property described in subsection 
     (b) is included in Hobe Sound National Wildlife Refuge, and 
     shall be administered by the Secretary of the Interior acting 
     through the United States Fish and Wildlife Service.

     SEC. 839. EMERGENCY RESPONSE.

       Not later than 90 days after the date of enactment of this 
     Act, the Commandant of the Coast Guard shall request the 
     National Offshore Safety Advisory Committee to examine 
     whether there are unnecessary regulatory barriers to the use 
     of small passenger vessels, crewboats, and offshore supply 
     vessels in disaster response and provide recommendations, as 
     appropriate, to reduce such barriers.

     SEC. 840. USE OF FUNDS IN WMAT SETTLEMENT FUND FOR WMAT RURAL 
                   WATER SYSTEM.

       (a) Authorization of WMAT Rural Water System.--Section 
     307(a) of the White Mountain Apache Tribe Water Rights 
     Quantification Act of 2010 (Public Law 111-291; 124 Stat. 
     3080) is amended in the matter preceding paragraph (1) by 
     inserting ``, (b)(2),'' after ``subsections (a)''.
       (b) Funding.--Section 312(b)(2)(C)(i)(III) of the White 
     Mountain Apache Tribe Water Rights Quantification Act of 2010 
     (Public Law 111-291; 124 Stat. 3093) is amended by striking 
     the period at the end and inserting the following: ``, 
     including the planning, design, and construction of the WMAT 
     rural water system, in accordance with section 307(a).''.

     SEC. 841. DRAWBRIDGES CONSULTATION.

       (a) Consultation.--In addition and subsequent to any 
     rulemaking conducted under section 117.8 of title 33, Code of 
     Federal Regulations, related to permanent changes to 
     drawbridge openings that result from Amtrak service between 
     New Orleans, Louisiana and Orlando, Florida, the Commandant 
     shall consult with owners or operators of rail lines used for 
     Amtrak passenger service between New Orleans, Louisiana and 
     Orlando, Florida and affected waterway users on changes to 
     drawbridge operating schedules necessary to facilitate the On 
     Time Performance of passenger trains. These changes to 
     schedules shall not impact Coast Guard response times to 
     operational missions.
       (b) Timing.--Consultation in subsection (a) shall occur 
     after commencement of Amtrak passenger service on the rail 
     lines between New Orleans, Louisiana and Orlando, Florida at 
     the following intervals:
       (1) Not less than 3 months following the commencement of 
     Amtrak passenger service.
       (2) Not less than 6 months following the commencement of 
     Amtrak passenger service.
       (c) Report.--If after conducting the consultations required 
     by subsection (b)(2), the Commandant finds that permanent 
     changes to drawbridge operations are necessary to mitigate 
     delays in the movement of trains described in subsection (a) 
     and that those changes do not unreasonably obstruct the 
     navigability of the affected waterways, then the Commandant 
     shall submit those findings to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives.

               TITLE IX--VESSEL INCIDENTAL DISCHARGE ACT

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Vessel Incidental 
     Discharge Act''.

     SEC. 902. DEFINITIONS.

       In this title:
       (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, microbe, or virus) that threatens the diversity or 
     abundance of native species or the ecological stability of 
     waters of the United States, or commercial, agricultural, 
     aquacultural, or recreational activities dependent on such 
     waters.
       (3) Ballast water.--
       (A) In general.--The term ``ballast water'' means any water 
     and suspended matter taken on board a commercial vessel--
       (i) to control or maintain trim, draught, stability, or 
     stresses of the commercial vessel, regardless of how such 
     water and matter is carried; or
       (ii) during the cleaning, maintenance, or other operation 
     of a ballast tank or ballast water management system of the 
     commercial vessel.
       (B) Exclusions.--The term ``ballast water'' does not 
     include any substance that is added to water described in 
     subparagraph (A) that is directly related to the operation of 
     a properly functioning ballast water management system.
       (4) Ballast water discharge standard.--The term ``ballast 
     water discharge standard'' means--
       (A) 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 (as in effect 
     on the date of the enactment of this Act); or
       (B) if the standard described in subparagraph (A) has been 
     revised under section 906, such revised standard.
       (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--
       (A) to kill, render nonviable, or remove organisms; or
       (B) to avoid the uptake or discharge of organisms.
       (6) Best available technology economically achievable.--The 
     term ``best available technology economically achievable'' 
     has the meaning given that term in sections 301(b)(2)(A) and 
     304(b)(2)(B) of the Federal Water Pollution Control Act (33 
     U.S.C. 1311(b)(2)(A) and 1314(b)(2)(B)) as such term applies 
     to a mobile point source.
       (7) Biocide.--The term ``biocide'' means a substance or 
     organism that is introduced into or produced by a ballast 
     water management system to kill or eliminate aquatic nuisance 
     species as part of the process used to comply with a ballast 
     water discharge standard.
       (8) Captain of the port zone.--The term ``Captain of the 
     Port Zone'' means a Captain of the Port Zone established by 
     the Secretary pursuant to sections 92, 93, and 633 of title 
     14, United States Code.
       (9) Commercial vessel.--
       (A) In general.--The term ``commercial vessel'' means--
       (i) a vessel (as defined in section 3 of title 1, United 
     States Code) that is engaged in commercial service (as 
     defined in section 2101(5) of title 46, United States Code); 
     or
       (ii) a vessel that is within the scope of the General 
     Permit or Small Vessel General Permit on the day before the 
     date of enactment of this Act.
       (B) Exclusion.--The term ``commercial vessel'' does not 
     include--
       (i) a recreational vessel; or
       (ii) a vessel of the armed forces (as defined in section 
     312 of the Federal Water Pollution Control Act (33 U.S.C. 
     1322)).
       (10) 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

[[Page S2180]]

     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 wash water, 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) any 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;
       (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; or
       (iv) any discharge that results from an activity other than 
     the normal operation of a commercial vessel.
       (11) Empty ballast tank.--The term ``empty ballast tank'' 
     means a tank--
       (A) intended to hold ballast water that has been drained to 
     the limit of the functional or operational capabilities of 
     such tank, such as loss of suction, and otherwise recorded as 
     empty on a vessel log; and
       (B) that contains unpumpable residual ballast water and 
     sediments.
       (12) Exchange.--The term ``exchange'' means, with respect 
     to ballast water, to replace the water in a ballast water 
     tank using one of the following methods:
       (A) Flow-through exchange, in which ballast water is 
     flushed out by pumping in mid-ocean water at the bottom of 
     the tank and continuously overflowing the tank from the top 
     until 3 full volumes of water has been changed to minimize 
     the number of original organisms remaining in the tank.
       (B) Empty and refill exchange, in which ballast water taken 
     on in ports, estuarine waters, or territorial waters is 
     pumped out until the pump loses suction, after which the 
     ballast tank is refilled with mid-ocean water.
       (13) General permit.--The term ``General Permit'' means the 
     ``Final National Pollutant Discharge Elimination System 
     (NPDES) 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).
       (14) Great lakes states.--The term ``Great Lakes States'' 
     means Illinois, Indiana, Michigan, Minnesota, New York, Ohio, 
     Pennsylvania, and Wisconsin.
       (15) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5304(e)).
       (16) Major conversion.--The term ``major conversion'' has 
     the meaning given that term in section 2101(14a) of title 46, 
     United States Code.
       (17) Marine pollution control device.--The term ``marine 
     pollution control device'' means any equipment for 
     installation or use on board a commercial vessel that is--
       (A) designed to receive, retain, treat, control, or 
     discharge a discharge incidental to the normal operation of a 
     commercial vessel; and
       (B) determined by the Secretary, in consultation with the 
     Administrator, to be the most effective equipment or 
     management practice to reduce the environmental impact of the 
     discharge consistent with the considerations set forth in 
     section 908(a)(2).
       (18) Mid-ocean water.--The term ``mid-ocean water'' means 
     water greater than 200 nautical miles from any shore.
       (19) Navigable waters of the united states.--The term 
     ``navigable waters of the United States'' has the meaning 
     given that term in section 2101(17a) of title 46, United 
     States Code.
       (20) Operating in a capacity other than as a means of 
     transportation on water.--The term ``operating in a capacity 
     other than as a means of transportation on water'' includes--
       (A) when in use as an energy or mining facility;
       (B) when in use as a storage facility or seafood processing 
     facility;
       (C) when secured to a storage facility or seafood 
     processing facility; and
       (D) when secured to the bed of the ocean, contiguous zone, 
     or waters of the United States for the purpose of mineral or 
     oil exploration or development.
       (21) Organism.--The term ``organism'' means any organism 
     and includes pathogens, microbes, viruses, bacteria, and 
     fungi.
       (22) Owner or operator.--The term ``owner or operator'' 
     means a person owning, operating, or chartering by demise a 
     commercial vessel.
       (23) Pacific coast region.--The term ``Pacific Coast 
     Region'' means Federal and State waters adjacent to Alaska, 
     Washington, Oregon, or California extending from shore and 
     including the entire exclusive economic zone (as defined in 
     section 1001(8) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2701(8))) adjacent to each such State.
       (24) Pollutant.--The term ``pollutant'' has the meaning 
     given that term in section 502(6) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1362(6)).
       (25) Port or place of destination.--The term ``port or 
     place of destination'' means any port or place to which a 
     vessel is bound to anchor or moor.
       (26) Recreational vessel.--The term ``recreational vessel'' 
     has the meaning given that term in section 502 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1362).
       (27) Render nonviable.--The term ``render nonviable'' 
     means, with respect to organisms in ballast water, the action 
     of a ballast water management system that leaves such 
     organisms permanently incapable of reproduction following 
     treatment.
       (28) Saltwater flush.--The term ``saltwater flush''--
       (A) means--
       (i) the addition of as much mid-ocean water into each empty 
     ballast tank of a commercial vessel as is safe for such 
     vessel and crew and the mixing of the flushwater with 
     residual water and sediment through the motion of such 
     vessel; and
       (ii) the discharge of the mixed water, such that the 
     resultant residual water remaining in the tank has the 
     highest salinity possible, and is at least 30 parts per 
     thousand; and
       (B) may require more than one fill-mix-empty sequence, 
     particularly if only small amounts of water can be safely 
     taken onboard the commercial vessel at one time.
       (29) Secretary.--Except as otherwise specified, the term 
     ``Secretary'' means the Secretary of the department in which 
     the Coast Guard is operating.
       (30) Small vessel general permit.--The term ``Small Vessel 
     General Permit'' means the ``Final National Pollutant 
     Discharge Elimination System (NPDES) General Permit for 
     Discharges Incidental to the Normal Operation of a Small 
     Vessel'' noticed in the Federal Register on September 10, 
     2014 (79 Fed. Reg. 53702)

     SEC. 903. TREATMENT OF EXISTING BALLAST WATER REGULATIONS.

       (a) Effect on Existing Regulations.--Any regulation issued 
     pursuant to the Nonindigenous Aquatic Nuisance Prevention and 
     Control Act of 1990 (16 U.S.C. 4701 et seq.) that is in 
     effect on the day before the date of the enactment of this 
     Act, and that relates to a matter subject to regulation under 
     this title, shall remain in full force and effect unless or 
     until superseded by a new regulation issued under this title 
     relating to such matter.
       (b) Application of Other Regulations.--
       (1) In general.--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 title.
       (2) Penalties.--The penalties for violations described in 
     paragraph (1) shall increase consistent with inflation.

     SEC. 904. BALLAST WATER DISCHARGE REQUIREMENTS.

       (a) In General.--
       (1) Requirements.--Except as provided in paragraph (7), 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 the 
     owner or operator discharges the ballast water in accordance 
     with requirements established by this title or the Secretary.
       (2) Commercial vessels entering the great lakes system and 
     hudson river.--If a commercial vessel enters the Great Lakes 
     through the mouth of the Saint Lawrence River or the Hudson 
     River north of the George Washington Bridge, the owner or 
     operator shall--
       (A) comply with the applicable requirements of--
       (i) paragraph (1);
       (ii) subpart C of part 151 of title 33, Code of Federal 
     Regulations (or similar successor regulations); and
       (iii) section 401.30 of such title (or similar successor 
     regulations); and
       (B) after operating--
       (i) outside the exclusive economic zone of the United 
     States or Canada, conduct a complete ballast water exchange 
     in an area that

[[Page S2181]]

     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); or
       (ii) exclusively within the territorial waters or exclusive 
     economic zone of the United States or Canada, conduct a 
     complete ballast water exchange outside the Saint Lawrence 
     River and the Great Lakes in an area that is 50 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), unless traveling 50 nautical miles or more 
     from shore would compromise commercial vessel safety or is 
     otherwise prohibited by any domestic or international 
     regulation.
       (3) Commercial vessels operating within the pacific coast 
     region.--
       (A) In general.--Except as provided in subparagraph (C) and 
     paragraph (6), the owner or operator of a commercial vessel 
     described in subparagraph (B) shall conduct a complete 
     ballast water exchange in waters more than 50 nautical miles 
     from shore.
       (B) Commercial vessel described.--A commercial vessel 
     described in this subparagraph is a commercial vessel--
       (i) operating between 2 ports or places of destination 
     within the Pacific Coast Region; or
       (ii) operating between a port or place of destination 
     within the Pacific Coast Region and a port or place of 
     destination on the Pacific Coast of Canada or Mexico north of 
     20 degrees north latitude, inclusive of the Gulf of 
     California.
       (C) Exemptions.--Subparagraph (A) shall not apply to the 
     following:
       (i) A commercial vessel voyaging between or to a port or 
     place of destination in the State of Washington, if the 
     ballast water to be discharged from such vessel originated 
     solely from waters located between the parallel 43 degrees, 
     32 minutes north latitude, including the internal waters of 
     the Columbia River, and the internal waters of Canada south 
     of parallel 50 degrees north latitude, including the waters 
     of the Strait of Georgia and the Strait of Juan de Fuca.
       (ii) A commercial vessel voyaging between ports or places 
     of destination in the States of Washington and Oregon if the 
     ballast water to be discharged from such vessel originated 
     solely from waters located between the parallel 40 degrees 
     north latitude and the parallel 50 degrees north latitude.
       (iii) A commercial vessel voyaging between ports or places 
     of destination in the State of California within the San 
     Francisco Bay area east of the Golden Gate Bridge, including 
     the Port of Stockton and the Port of Sacramento, if any 
     ballast water to be discharged from such vessel originated 
     solely from ports or places within such area.
       (iv) A commercial vessel voyaging between the Port of Los 
     Angeles, the Port of Long Beach, and the El Segundo offshore 
     marine oil terminal if any ballast water to be discharged 
     from such vessel originated solely from the Port of Los 
     Angeles, the Port of Long Beach, or the El Segundo offshore 
     marine oil terminal.
       (v) A commercial vessel voyaging between a port or place in 
     the State of Alaska within a single Captain of the Port Zone.
       (4) Empty ballast tanks.--
       (A) Requirements.--Except as provided in subparagraph (B) 
     and paragraph (6), the owner or operator of a commercial 
     vessel with empty ballast tanks shall conduct a saltwater 
     flush--
       (i) at least 200 nautical miles from any shore for voyages 
     originating outside the United States or Canadian exclusive 
     economic zone; or
       (ii) at least 50 nautical miles from any shore for voyages 
     within the Pacific Coast Region.
       (B) Exception.--The requirements of subparagraph (A) shall 
     not apply--
       (i) if a ballast tank's unpumpable residual waters and 
     sediments were subject to a saltwater flush, ballast water 
     exchange, or treatment through a ballast water management 
     system; or
       (ii) unless otherwise required under this title, if the 
     ballast tank's unpumpable residual waters and sediments were 
     sourced within the same port or place of destination, or 
     Captain of the Port Zone.
       (5) Low salinity ballast water.--
       (A) In general.--Except as provided in subparagraph (B) and 
     paragraph (6), owners or operators of commercial vessels that 
     transport ballast water sourced from waters with a measured 
     salinity of less than 18 parts per thousand, except as 
     provided by a public or commercial source under subsection 
     (b)(2)(C), and voyage to a Pacific Coast Region port or place 
     of destination that has a measured salinity of less than 18 
     parts per thousand shall conduct a complete ballast water 
     exchange--
       (i) more than 50 nautical miles from shore if the ballast 
     water was sourced from a Pacific Coast Region port or place 
     of destination; or
       (ii) more than 200 nautical miles from shore if the ballast 
     water was not sourced from a Pacific Coast Region port or 
     place of destination.
       (B) Exception.--The requirements of subparagraph (A) shall 
     not apply to a commercial vessel that has a ballast water 
     management system approved for treating freshwater at 
     concentrations prescribed in section 906(a)(1)(A) or that 
     retains all of its ballast water.
       (6) Exempted vessels.--
       (A) In general.--The requirements of paragraphs (3), (4), 
     and (5) shall not apply to a commercial vessel if--
       (i) complying with such requirements would compromise the 
     safety of the commercial vessel;
       (ii) design limitations of the commercial vessel prevent 
     ballast water exchange or saltwater flush from being 
     conducted;
       (iii) the commercial vessel is certified by the Secretary 
     as having no residual ballast water or sediments on board or 
     retains all its ballast water while in waters subject to such 
     requirements; or
       (iv) empty ballast tanks on the commercial vessel are 
     sealed and certified by the Secretary so there is no 
     discharge or uptake and subsequent discharge of ballast 
     waters subject to such requirements.
       (B) Additional exemptions.--The requirements of paragraphs 
     (3) and (4) shall not apply to a commercial vessel if the 
     commercial vessel uses a method of ballast water management 
     approved by the Coast Guard under section 905 of this title 
     or subpart 162.060 of title 46, Code of Federal Regulations 
     (or similar successor regulations).
       (7) Safety exemption.--Notwithstanding paragraphs (1) 
     through (6), an owner or operator of a commercial vessel may 
     discharge 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 a Federal or State 
     law.
       (8) Logbook requirements.--Section 11301(b) of title 46, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(13) when a commercial vessel does not carry out ballast 
     water management requirements as applicable and pursuant to 
     regulations promulgated and issued by the Secretary, 
     including when such a vessel fails to carry out ballast water 
     management requirements due to an allowed safety exemption, a 
     statement about the failure to comply and the circumstances 
     under which the failure occurred, made immediately after when 
     practicable to do so.''.
       (9) Limitation of 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--
       (i) are not subject to discharge;
       (ii) have been certified by the Secretary; and
       (iii) have been noted in the commercial vessel logbook; or
       (B) discharges ballast water solely into a reception 
     facility described in subsection (d).
       (b) Applicability.--
       (1) Covered vessels.--Except as provided in paragraphs (2) 
     and (3), subsection (a) shall apply to 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) in the National Defense Reserve Fleet that is scheduled 
     for disposal, if the vessel does not have ballast water 
     management systems or the ballast water management systems of 
     the vessel are inoperable;
       (C) 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.);
       (D) in an alternative compliance program established 
     pursuant to subsection (c);
       (E) that carries all of its permanent ballast water in 
     sealed tanks that are not subject to discharge; or
       (F) uses other liquid or material as ballast and does not 
     discharge ballast overboard.
       (3) Vessels operating exclusively within the great lakes 
     and saint lawrence river.--
       (A) In general.--A commercial vessel that operates 
     exclusively within the Great Lakes and Saint Lawrence River 
     shall be subject to subsection (a).

[[Page S2182]]

       (B) Transition.--Notwithstanding subparagraph (A), a 
     commercial vessel that operates exclusively within the Great 
     Lakes and Saint Lawrence River that is not required to comply 
     with the ballast water discharge standard on the day before 
     the date of enactment of this Act shall transition into 
     compliance with subsection (a) under the special rules 
     established in subparagraph (C) of this subsection:
       (C) Special rules.--The Secretary shall require a class of 
     commercial vessels described in subparagraph (B) of this 
     subsection to comply with subsection (a) only if the 
     Secretary--
       (i) approves a ballast water management system for such 
     class of commercial vessels under section 905 of this title 
     or subpart 162.060 of title 46, Code of Federal Regulations 
     (or similar successor regulation);
       (ii) determines that such ballast water management system 
     meets the operationally practicable criteria described in 
     section 906 with respect to such class of commercial vessels 
     complying with the ballast water discharge standard;
       (iii) determines that requiring such class of commercial 
     vessels to comply with the ballast water discharge standard 
     is operationally practicable for such class of commercial 
     vessels; and
       (iv) in coordination with the Administrator, conducts a 
     probabilistic assessment of the benefits to the environment 
     and the costs to industry of compliance with subsection (a) 
     by such class of commercial vessels and determines that such 
     benefits exceed such costs.
       (D) Reconsideration.--If the Secretary determines under 
     subparagraph (C)(iv) that such benefits do not exceed such 
     costs, the Secretary, in coordination with the Administrator, 
     shall reconsider the determination of the Secretary under 
     that subparagraph--
       (i) if a petition is received from a Governor of a Great 
     Lakes State that--

       (I) includes new data or science not considered during such 
     determination; and
       (II) is submitted not less than 1 year after the date of 
     such determination; or

       (ii) not later than 5 years after the date of such 
     determination.
       (E) Compliance deadline.--A class of commercial vessels 
     that is required by the Secretary to comply with subsection 
     (a) under the special rules established by subparagraph (C) 
     of this subsection shall comply with the ballast water 
     discharge standard--
       (i) after completion of the first scheduled vessel dry 
     docking that commences on or after the date that is 3 years 
     after the date that the Secretary requires compliance under 
     subparagraph (C), for a vessel built on or before the date 
     that is 3 years after date the Secretary terminates such 
     exemption; or
       (ii) upon entry into the navigable waters of the United 
     States for a vessel that is built after the date that is 3 
     years after the date the Secretary requires compliance under 
     subparagraph (C) for such class of vessels.
       (F) Report.--Not less than 60 days after a determination by 
     the Secretary under subparagraph (C)(iv), the Secretary shall 
     provide a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives describing how the costs were considered in 
     the assessment required by that subparagraph.
       (c) Reception Facilities; Transfer Standards.--The 
     Secretary, in coordination with the Administrator, may 
     promulgate standards for the arrangements necessary on a 
     vessel to transfer ballast water to a facility.

     SEC. 905. APPROVAL OF BALLAST WATER MANAGEMENT SYSTEMS.

       (a) Ballast Water Management Systems That Render Organisms 
     Nonviable.--Notwithstanding chapter 5 of title 5, United 
     States Code, part 151 of title 33, Code of Federal 
     Regulations (or similar successor regulations), and part 162 
     of title 46, Code of Federal Regulations (or similar 
     successor regulations), a ballast water management system 
     that renders nonviable organisms in ballast water at the 
     concentrations prescribed in the ballast water discharge 
     standard shall be approved by the Secretary, if--
       (1) such system--
       (A) undergoes type approval testing at an independent 
     laboratory designated by the Secretary under such 
     regulations; and
       (B) meets the requirements of subpart 162.060 of title 46, 
     Code of Federal Regulations (or similar successor 
     regulations), other than the requirements related to staining 
     methods or measuring the concentration of living organisms; 
     and
       (2) such laboratory uses a testing method described in a 
     final policy letter published under subsection (c)(3).
       (b) Prohibition on Biocides.--The Secretary shall not 
     approve a ballast water management system under subsection 
     (a) or subpart 162.060 of title 46, Code of Federal 
     Regulations (or similar successor regulations), if such 
     system--
       (1) uses a biocide or generates a biocide that is a 
     pesticide, as defined in section 2 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136), 
     unless the biocide is registered under that Act or the 
     Administrator has approved the use of the biocide in such 
     ballast water management system; or
       (2) uses or generates a biocide the discharge of which 
     causes or contributes to a violation of a water quality 
     standard under section 303 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1313).
       (c) Approval Testing Methods.--
       (1) Draft policy.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the Administrator, shall publish a draft policy letter, 
     based on the best available science, describing type approval 
     testing methods and protocols for ballast water management 
     systems that may be used in addition to the methods 
     established in subpart 162.060 of title 46, Code of Federal 
     Regulations (or similar successor regulations)--
       (A) to measure the concentration of organisms in ballast 
     water that are capable of reproduction;
       (B) to certify the performance of each ballast water 
     management system under this section; and
       (C) to certify laboratories to evaluate such treatment 
     technologies.
       (2) 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).
       (3) Final policy.--
       (A) In general.--Not later than 150 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the Administrator, shall publish a final policy letter 
     describing type approval testing methods for ballast water 
     management systems capable of measuring the concentration of 
     organisms in ballast water that are capable of reproduction 
     based on the best available science that may be used in 
     addition to the methods established in subpart 162.060 of 
     title 46, Code of Federal Regulations (or similar successor 
     regulations).
       (B) Revisions.--The Secretary shall revise the final policy 
     letter published under subparagraph (A) as additional testing 
     methods are determined by the Secretary, in coordination with 
     the Administrator, to be capable of measuring the 
     concentration of organisms in ballast water that are capable 
     of reproduction.
       (C) Considerations.--In developing a policy letter under 
     this paragraph, the Secretary, in coordination with the 
     Administrator--
       (i) shall consider a testing method that uses organism grow 
     out and most probable number statistical analysis to 
     determine the concentration of organisms in ballast water 
     that are capable of reproduction; and
       (ii) shall not consider a 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. 906. REVIEW AND RAISING OF BALLAST WATER DISCHARGE 
                   STANDARD.

       (a) Stringency Reviews.--
       (1) Six-year review.--
       (A) In general.--Not later than January 1, 2024, and 
     subject to petitions for review under paragraph (3), the 
     Secretary, in concurrence with the Administrator, shall 
     complete a review to determine whether, based on the 
     application of the best available technology economically 
     achievable and operationally practicable, the ballast water 
     discharge standard can be revised such that ballast water 
     discharged in the normal operation of a vessel contains--
       (i) less than 1 organism that is living or has not been 
     rendered nonviable per 10 cubic meters that is 50 or more 
     micrometers in minimum dimension;
       (ii) less than 1 organism that is living or has not been 
     rendered nonviable per 10 milliliters that is less than 50 
     micrometers in minimum dimension and more than 10 micrometers 
     in minimum dimension;
       (iii) concentrations of indicator microbes that are less 
     than--

       (I) 1 colony-forming unit of toxicogenic Vibrio cholera 
     (serotypes O1 and O139) per 100 milliliters or less than 1 
     colony-forming unit of that microbe per gram of wet weight of 
     zoological samples;
       (II) 126 colony-forming units of escherichia coli per 100 
     milliliters; and
       (III) 33 colony-forming units of intestinal enterococci per 
     100 milliliters; and

       (iv) concentrations of such additional indicator microbes 
     and of viruses as may be specified in regulations issued by 
     the Secretary, in consultation with the Administrator and 
     such other Federal agencies as the Secretary and the 
     Administrator consider appropriate.
       (B) Alternative revised standard.--If the Secretary, in 
     concurrence with the Administrator, finds--
       (i) that the ballast water discharge standard cannot be 
     revised to reflect the level of stringency set forth in 
     subparagraph (A), the Secretary, in concurrence with the 
     Administrator, shall determine whether the application of the 
     best available technology economically achievable and 
     operationally practicable would result in a reduction of the 
     risk of introduction or establishment of aquatic nuisance 
     species such that the ballast water discharge standard can be 
     revised to be more stringent than the standard set forth in 
     section 151.2030 or 151.1511 of title 33, Code of Federal 
     Regulations, as in effect on the date of the enactment of 
     this Act; or
       (ii) that the application of best available technology 
     economically achievable and operationally practicable would 
     result in a reduction of the risk of introduction or 
     establishment of aquatic nuisance species such that the 
     ballast water discharge standard can be revised to be more 
     stringent than the standard under subparagraph (A) with 
     respect to a class of vessels, the Secretary, in concurrence 
     with the Administrator, shall

[[Page S2183]]

     determine which revisions to the ballast water discharge 
     standard shall be made for that class of vessels to 
     incorporate such more stringent standard.
       (C) Operationally practicable.--In determining operational 
     practicability under this subsection, the Secretary, in 
     concurrence with the Administrator, shall consider--
       (i) whether a ballast water management system is--

       (I) effective and reliable in the shipboard environment;
       (II) compatible with the design and operation of a 
     commercial vessel by class, type, and size;
       (III) commercially available; and
       (IV) safe;

       (ii) whether testing protocols can be practicably 
     implemented that can assure accurate measurement of 
     compliance with the ballast water discharge standard as 
     proposed to be revised; and
       (iii) other criteria that the Secretary, in concurrence 
     with Administrator, considers appropriate.
       (2) Ten-year reviews.--Not later than January 1, 2034, not 
     less frequently than every 10 years thereafter, and subject 
     to petitions for review under paragraph (3), the Secretary, 
     in concurrence with the Administrator, shall conduct a review 
     to determine whether the application of the best available 
     technology economically achievable and operationally 
     practicable as described in paragraph (1)(C) results in a 
     reduction in the risk of the introduction or establishment of 
     aquatic nuisance species such that the ballast water 
     discharge standard can be revised to be more stringent.
       (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) or (2) if there is new information that could 
     reasonably indicate the ballast water discharge standard 
     could be made more stringent to reduce 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) or (2).
       (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 
     concurrence with the Administrator, may conduct a review 
     under paragraph (1) or (2) as the Secretary, in concurrence 
     with the Administrator, determines appropriate.
       (4) Issuance of revised ballast water discharge standard.--
     The Secretary shall issue a rule to revise the ballast water 
     discharge standard if the Secretary, in concurrence with the 
     Administrator, determines on the basis of the review under 
     paragraph (1) or (2) that--
       (A) a ballast water management system that is capable of 
     achieving the ballast water discharge standard as proposed to 
     be revised is the best available technology economically 
     achievable and operationally practicable; and
       (B) testing protocols can be practicably implemented that 
     can assure accurate measurement of compliance with the 
     ballast water discharge standard as proposed to be revised.
       (5) Requirement.--Any revised ballast water discharge 
     standard issued in the rule under paragraph (4) shall be more 
     stringent than the ballast water discharge standard it 
     replaces.
       (6) Standard not revised.--If the Secretary, in concurrence 
     with the Administrator, determines that the requirements of 
     this subsection have not been satisfied, the Secretary shall 
     publish a description of how such determination was made.
       (b) 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 (a), 
     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 such 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) Vessel specific compliance deadlines.--The Secretary 
     may establish a deadline for compliance by a commercial 
     vessel (or a class, type, or size of commercial vessel) with 
     a revised ballast water discharge standard that is different 
     than the general deadline established under paragraph (1).
       (3) Extensions.--The Secretary shall establish a process 
     for an owner or operator to submit an application to the 
     Secretary for an extension of a compliance deadline 
     established under paragraphs (1) and (2).
       (4) Application for extension.--An owner or operator shall 
     submit an application for an extension under paragraph (3) 
     not less than 90 days prior to the applicable compliance 
     deadline established under paragraph (1) or (2).
       (5) Factors.--In reviewing an application 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.
       (6) Consideration of extensions.--
       (A) Determinations.--The Secretary shall approve or deny an 
     application for an extension of a compliance deadline 
     submitted by an owner or operator under this subsection.
       (B) Deadline.--The Secretary shall--
       (i) acknowledge receipt of an application for an extension 
     submitted under paragraph (4) not later than 30 days after 
     the date of receipt of the application; and
       (ii) to the extent practicable, approve or deny such an 
     application not later than 90 days after the date of receipt 
     of the application.
       (C) Failure to review.--If the Secretary does not approve 
     or deny an application described 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 
     conditionally approved.
       (7) Period of extensions.--An extension granted to an owner 
     or operator under paragraph (3)--
       (A) may be granted for an initial period of not more than 
     18 months;
       (B) may be renewed for additional periods of not more than 
     18 months each; and
       (C) may not be in effect for a total of more than 5 years.
       (8) 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 ballast water management system is maintained in 
     proper working condition, as determined by the Secretary;
       (iii) the ballast water management system is maintained and 
     used in accordance with the manufacturer's specifications; 
     and
       (iv) 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. 907. NATIONAL BALLAST INFORMATION CLEARINGHOUSE.

       Subsection (f) of section 1102 of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
     4712(f)) is amended to read as follows:
       ``(f) National Ballast Information Clearinghouse.--
       ``(1) In general.--The Secretary shall develop and 
     maintain, in consultation and cooperation with the Task Force 
     and the Smithsonian Institution (acting through the 
     Smithsonian Environmental Research Center), a National 
     Ballast Information Clearinghouse of national data 
     concerning--
       ``(A) ballasting practices;
       ``(B) compliance with the guidelines issued pursuant to 
     section 1101(c); and

[[Page S2184]]

       ``(C) any other information obtained by the Task Force 
     pursuant to subsection (b).
       ``(2) Ballast water reporting requirements.--
       ``(A) In general.--The owner or operator of a commercial 
     vessel subject to this title shall submit the current ballast 
     water management report form approved by the Office of 
     Management and Budget (OMB 1625-0069 or a subsequent form) to 
     the National Ballast Information Clearinghouse not later than 
     6 hours after the arrival of such vessel at a United States 
     port or place, unless such vessel is operating exclusively on 
     a voyage between ports or places within a single Captain of 
     the Port Zone.
       ``(B) Multiple discharges within a single port.--The owner 
     or operator of a commercial vessel subject to this title may 
     submit a single report under subparagraph (A) for multiple 
     ballast water discharges within a single port during the same 
     voyage.
       ``(C) Advanced report to states.--A State may require the 
     owner or operator of a commercial vessel subject to this 
     title to submit directly to the State a ballast water 
     management report form--
       ``(i) not later than 24 hours prior to arrival at a United 
     States port or place of destination if the voyage of such 
     vessel is anticipated to exceed 24 hours; or
       ``(ii) before departing the port or place of departure if 
     the voyage of such vessel is not anticipated to exceed 24 
     hours.
       ``(3) Commercial vessel reporting data.--
       ``(A) Dissemination to states.--Upon receiving submission 
     of a ballast water management report required under paragraph 
     (2), the National Ballast Information Clearinghouse shall--
       ``(i) in the case of forms submitted electronically, 
     immediately disseminate the report to interested States; or
       ``(ii) in the case of forms submitted by means other than 
     electronically, disseminate the report to interested States 
     as soon as practicable.
       ``(B) Availability to the public.--Not later than 30 days 
     after the date of the receipt of a ballast water management 
     report required under paragraph (2), the National Ballast 
     Information Clearinghouse shall make the data in such report 
     fully and readily available to the public in searchable and 
     fully retrievable electronic formats.
       ``(4) Report.--In consultation and cooperation with the 
     Task Force and the Smithsonian Institution (acting through 
     the Smithsonian Environmental Research Center), the Secretary 
     shall prepare and submit to the Task Force and the 
     appropriate committees of Congress and make available to the 
     public, on a biennial basis not later than 180 days from the 
     end of each odd numbered calendar year, a report that 
     synthesizes and analyzes the data referred to in paragraph 
     (1) for the previous 2 years to evaluate nationwide status 
     and trends relating to--
       ``(A) ballast water delivery and management; and
       ``(B) invasions of aquatic nuisance species resulting from 
     ballast water.
       ``(5) Working group.--Not later than 1 year after the date 
     of the enactment of the Vessel Incidental Discharge Act, the 
     Secretary shall establish a working group that includes 
     members from the National Ballast Information Clearinghouse 
     and States with ballast water management programs to 
     establish a process for compiling and readily sharing Federal 
     and State commercial vessel reporting and enforcement data 
     regarding compliance with this Act.
       ``(6) Appropriate committees of congress defined.--In this 
     subsection, the term `appropriate committees of Congress' 
     means the Committee on Commerce, Science, and Transportation 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives.''.

     SEC. 908. REQUIREMENTS FOR DISCHARGES INCIDENTAL TO THE 
                   NORMAL OPERATION OF A COMMERCIAL VESSEL.

       (a) Management of Incidental Discharge for Commercial 
     Vessels.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary, in concurrence with 
     the Administrator and in consultation with the States, shall 
     publish a final 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--
       (A) are greater than or equal to 79 feet in length;
       (B) are 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); and
       (C) are not subject to the best management practices 
     required under section 909.
       (2) Elements.--The best management practices established 
     under paragraph (1) shall--
       (A) mitigate the adverse impacts on the marine environment 
     from discharges incidental to the normal operation of a 
     commercial vessel and aquatic invasive species;
       (B) use marine pollution control devices when appropriate;
       (C) be economically achievable and operationally 
     practicable; and
       (D) not compromise the safety of a commercial vessel.
       (3) Implementation.--The Secretary shall implement the best 
     management practices established by final rule under 
     paragraph (1) not later than 60 days after the date on which 
     the final rule is published in the Federal Register as 
     required under such paragraph.
       (b) Transition.--
       (1) In general.--Except as provided in section 909(c) and 
     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 
     the enactment of this Act, and any reporting requirement 
     required by the General Permit on such date of enactment, 
     shall remain in effect until the implementation date under 
     subsection (a)(3).
       (2) Part 6 conditions.--Except as provided in section 
     909(c) and 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 implementation date under subsection (a)(3).
       (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 title 
     apply to, a discharge incidental to the normal operation of a 
     commercial vessel if the commercial vessel--
       (A) is less than 79 feet in length; or
       (B) is a fishing vessel, including a fish processing vessel 
     or fish tender vessel (as such terms are defined in section 
     2101 of title 46, United States Code).
       (2) Application of general permit and small vessel general 
     permit.--The terms and conditions of the General Permit and 
     the Small Vessel General Permit shall cease to apply to 
     vessels described in subparagraphs (A) and (B) of paragraph 
     (1) on and after the date of the enactment of this Act.
       (d) Review and Revision.--The Secretary, in concurrence 
     with the Administrator and in consultation with the States, 
     shall--
       (1) review the practices and standards established under 
     subsection (a) not less frequently than once every 10 years; 
     and
       (2) revise such practices consistent with the elements 
     described in paragraph (2) of such subsection.
       (e) 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, in 
     concurrence with the Administrator, revise a best management 
     practice established under subsection (a) if there is new 
     information that could reasonably indicate that--
       (A) revising the best management practice would--
       (i) mitigate the adverse impacts on the marine environment 
     from discharges incidental to the normal operation of a 
     commercial vessel or from aquatic invasive species; and
       (ii) 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 and 
     Administrator consider 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 concurrence with the Administrator, 
     determines that revising a best management practice would 
     mitigate the adverse impacts on the marine environment from 
     discharges incidental to the normal operation of a commercial 
     vessel or from aquatic invasive species, the Secretary, in 
     concurrence with the Administrator and in consultation with 
     the States, shall revise such practice consistent with the 
     elements described in subsection (a)(2).
       (f) Repeal of No Permit Requirement.--Public Law 110-299 
     (33 U.S.C. 1342 note) is amended by striking section 2.

     SEC. 909. BEST MANAGEMENT PRACTICES FOR GREAT LAKES VESSELS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in concurrence with the 
     Administrator, shall publish a final rule in the Federal 
     Register that establishes best management practices for--
       (1) ballast water for commercial vessels operating in 
     navigable waters of the United States within the Great Lakes 
     and Saint Lawrence River; and
       (2) discharges incidental to the normal operation of a 
     commercial vessel in navigable waters of the United States 
     for commercial vessels operating in the Great Lakes and Saint 
     Lawrence River that--
       (A) are greater than or equal to 79 feet in length; and
       (B) are 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).

[[Page S2185]]

       (b) Elements.--The Secretary, in concurrence with the 
     Administrator and in consultation with the Governors of the 
     Great Lakes States and the owners or operators of commercial 
     vessels described in subsection (a), shall ensure that the 
     best management practices established under subsection (a)--
       (1) mitigate the adverse impacts on the marine environment 
     from discharges incidental to the normal operation of a 
     commercial vessel and aquatic invasive species;
       (2) use marine pollution control devices when appropriate;
       (3) are economically achievable and operationally 
     practicable;
       (4) do not compromise the safety of a commercial vessel; 
     and
       (5) to the extent possible, apply consistently to all 
     navigable waters of the United States within the Great Lakes 
     and Saint Lawrence River.
       (c) Transition.--
       (1) In general.--Notwithstanding the expiration date for 
     the General Permit and to the extent to which they do not 
     conflict with section 904(b), the following best management 
     practices applicable to commercial vessels described in 
     subsection (a) shall remain in effect until the date on which 
     the best management practices described in such subsection 
     are implemented under subsection (g)(1):
       (A) Best management practices required by Part 2 of the 
     General Permit.
       (B) Such other practices as required by the Secretary.
       (2) Part 6 best management practices.--Notwithstanding the 
     expiration date for the General Permit and to the extent to 
     which they do not conflict with section 904(b), the best 
     management practices described by the sections in Part 6 of 
     the General Permit applicable to the Great Lakes States that 
     are applicable to commercial vessels described in subsection 
     (a) shall expire on the date on which the best management 
     practices described in subsection (a) are implemented under 
     subsection (g)(1).
       (d) Outreach.--The Secretary shall solicit recommendations 
     and information from the Great Lakes States, Indian Tribes, 
     owners and operators of vessels described in subsection (a), 
     and other persons that the Secretary considers appropriate in 
     developing best management practices under subsection (a).
       (e) Review and Revision of Best Practices.--Not less 
     frequently than once every 5 years, the Secretary, in 
     coordination with the Administrator, shall review the best 
     management practices established under subsection (a) and 
     revise such practices by rule published in the Federal 
     Register consistent with subsections (b) and (d).
       (f) Revised Practices by State Petition.--
       (1) In general.--The Governor of a Great Lakes State may 
     petition the Secretary to revise the best management 
     practices established under subsection (a), including by 
     employing additional best management practices, consistent 
     with the elements described in subsection (b), to address new 
     and emerging aquatic nuisance species or pollution threats, 
     implement more effective practices, or update guidelines to 
     harmonize requirements on owners and operators of commercial 
     vessels described in subsection (a).
       (2) Determination.--
       (A) In general.--Not later than 180 days after receiving a 
     petition under paragraph (1), the Secretary, in coordination 
     with the Administrator, shall determine which, if any, best 
     management practices included in such petition shall be 
     required of commercial vessels described in subsection (a).
       (B) Consultation.--The Secretary shall consult with the 
     Governors of other Great Lakes States and owners or operators 
     of commercial vessels that would be subject to best 
     management practices pursuant to paragraph (1) before making 
     a determination under subparagraph (A).
       (3) Treatment of petition.--The Secretary may treat more 
     than one petition submitted under paragraph (1) as a single 
     petition.
       (4) Public availability.--The Secretary shall make publicly 
     available a petition and any supporting documentation 
     submitted under paragraph (1) for not less than 60 days prior 
     to approving or disapproving such petition.
       (g) Implementation.--
       (1) In general.--The Secretary shall implement the best 
     management practices established by final rule under 
     subsection (a) not later than 60 days after the date on which 
     the final rule is published in the Federal Register as 
     required by such subsection.
       (2) Implementation of practices by state petition.--Not 
     later than 90 days after making a determination under 
     subsection (f)(2), the Secretary shall, by rule published in 
     the Federal Register, require commercial vessels that would 
     be subject to the revised best management practices described 
     in such subsection to implement such practices.
       (h) Emergency Best Management Practices.--The Secretary, in 
     concurrence with the Administrator, may establish emergency 
     best management practices if the Secretary, in concurrence 
     with the Administrator, determines that such emergency best 
     management practices are necessary to reduce the risk of 
     introduction or establishment of aquatic nuisance species.
       (i) Public Availability.--The Secretary shall make publicly 
     available any determination made under this section.

     SEC. 910. JUDICIAL REVIEW.

       (a) In General.--A person may file a petition for review of 
     a final rule or a final agency action issued under this title 
     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 
     final rule to be reviewed is published in the Federal 
     Register or the final agency action is issued, as the case 
     may be.
       (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. 911. STATE ENFORCEMENT.

       (a) State Authorities.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the Governors of the States, shall develop and publish 
     Federal and State inspection, data management, and 
     enforcement procedures for the enforcement of standards and 
     requirements under this title by States.
       (2) Procedures.--Procedures developed and published under 
     paragraph (1)--
       (A) may be periodically updated;
       (B) shall describe the conditions and procedures under 
     which the Secretary may suspend the agreement described in 
     paragraph (3); and
       (C) shall have a mechanism for the Secretary to provide to 
     the Governor of a State, if requested by the Governor, access 
     to Automated Identification System arrival data for inbound 
     vessels to specific ports or places of destination in the 
     State.
       (3) State enforcement.--The Secretary shall enter into an 
     agreement with the Governor of a State to authorize the State 
     to inspect vessels to enforce the provisions of this title in 
     accordance with the procedures developed under paragraph (1).
       (b) Fees.--
       (1) In general.--Subject to paragraphs (2), (3), and (4), a 
     State that assesses a permit fee, inspection fee, or other 
     fee related to the regulation of ballast water or a discharge 
     incidental to the normal operation of a commercial vessel 
     before the date of the enactment of this Act may assess a fee 
     to cover the costs of program administration, inspection, and 
     enforcement activities by the State.
       (2) Maximum fee.--Except as provided in paragraph (3), a 
     State may assess a fee under this subsection of not more than 
     $1,000 per qualifying voyage to the owner or operator of a 
     commercial vessel arriving at a port or place of destination 
     in the State.
       (3) Commercial vessels engaged in coastwise trade.--A State 
     may not assess more than $5,000 in fees per vessel each year 
     to the owner or operator of a commercial vessel registered 
     under the laws of the United States and lawfully engaged in 
     the coastwise trade.
       (4) Adjustment for inflation.--A State may adjust a fee 
     authorized by this subsection every 5 years to reflect the 
     percentage by which the Consumer Price Index for all urban 
     consumers published by the Department of Labor for the month 
     of October immediately preceding the date of adjustment 
     exceeds the Consumer Price Index for all urban consumers 
     published by the Department of Labor for the month of October 
     that immediately precedes the date that is 5 years before the 
     date of adjustment.
       (5) Qualifying voyage.--In this subsection, the term 
     ``qualifying voyage'' means a vessel arrival at a port or 
     place of destination in a State by a commercial vessel that 
     has operated outside of that State and excludes movement 
     entirely within a single port or place of destination.
       (c) Effect on State Authority.--Except as provided in 
     subsection (a) and as necessary to implement an agreement 
     entered into under such subsection, 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 into navigable waters of the United States 
     incidental to the normal operation of a commercial vessel.
       (d) Preservation of Authority.--Nothing in this title 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. 912. EFFECT ON OTHER LAWS.

       (a) Application of Federal Water Pollution Control Act.--
       (1) In general.--Except as provided in sections 908(b) and 
     909(c) of this title, or in section 159.309 of title 33, Code 
     of Federal Regulations (or similar successor regulations), on 
     and after the date of the enactment of this Act, section 402 
     of the Federal Water Pollution Control Act (33 U.S.C. 1342) 
     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 this title may be construed 
     as affecting the application to a commercial vessel of 
     section

[[Page S2186]]

     311 or 312 of the Federal Water Pollution Control Act (33 
     U.S.C. 1321; 1322).
       (b) Established Regimes.--Notwithstanding any other 
     provision of this title, nothing in this title 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 the enactment of this Act, is covered under--
       (A) the Protocol of 1978 Relating to the International 
     Convention for the Prevention of Pollution from Ships, 1973, 
     with annexes and protocols, done at London February 17, 1978; 
     or
       (B) title XIV of division B of the Consolidated 
     Appropriations Act, 2001 (33 U.S.C. 1901 note);
       (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 the enactment of this Act, is covered under 
     the International Convention on the Control of Harmful Anti-
     fouling Systems on Ships, 2001, done at London October 5, 
     2001; and
       (3) section 312 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1322).
       (c) International Law.--Any action taken under this title 
     shall be taken in accordance with international law.
       (d) Conforming Amendment.--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) by striking subparagraph (L); and
       (B) in subparagraph (K), by striking ``; and'' and 
     inserting a period; 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.''.

     SEC. 913. QUAGGA MUSSEL.

       The Secretary of the Interior shall prescribe by regulation 
     that the quagga mussel (Dreissena rostriformis bugensis) is a 
     species that is injurious under section 42 of title 18, 
     United States Code.

     SEC. 914. COASTAL AQUATIC INVASIVE SPECIES MITIGATION GRANT 
                   PROGRAM AND MITIGATION FUND.

       (a) Coastal Aquatic Invasive Species Mitigation Grant 
     Program.--
       (1) Definitions.--In this subsection:
       (A) Coastal zone.--The term ``coastal zone'' has the 
     meaning given the term in section 304 of the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1453).
       (B) Eligible entity.--The term ``eligible entity'' means a 
     State government, local government, Indian Tribe, 
     nongovernmental organization, or academic institution.
       (C) Exclusive economic zone.--The term ``Exclusive Economic 
     Zone'' means the Exclusive Economic Zone of the United 
     States, as established by Presidential Proclamation 5030 of 
     March 10, 1983 (16 U.S.C. 1453 note).
       (D) Foundation.--The term ``Foundation'' means the National 
     Fish and Wildlife Foundation established by section 2(a) of 
     the National Fish and Wildlife Foundation Establishment Act 
     (16 U.S.C. 3701(a)).
       (E) Program.--The term ``Program'' means the Coastal 
     Aquatic Invasive Species Mitigation Grant Program established 
     under paragraph (2).
       (2) Establishment.--The Secretary of Commerce and the 
     Foundation shall establish the Coastal Aquatic Invasive 
     Species Mitigation Grant Program to award grants to eligible 
     entities, as described in this subsection.
       (3) Purposes.--The purposes of the Program are--
       (A) to improve the understanding, prevention, and 
     mitigation of, and response to, aquatic invasive species in 
     the coastal zone and the Exclusive Economic Zone;
       (B) to support the prevention and mitigation of impacts 
     from aquatic invasive species in the coastal zone of the 
     United States; and
       (C) to support the restoration of marine, estuarine, 
     Pacific Island habitats, and the Great Lakes environments in 
     the coastal zone and the Exclusive Economic Zone that are 
     impacted by aquatic invasive species.
       (4) Use of grants.--
       (A) In general.--A grant awarded under the Program shall be 
     used for an activity to carry out the purposes of the 
     Program, including an activity--
       (i) to develop and implement procedures and programs to 
     prevent, control, mitigate, or progressively eradicate 
     aquatic invasive species in the coastal zone or the Exclusive 
     Economic Zone, particularly in areas with high numbers of 
     established aquatic invasive species;
       (ii) to restore habitat impacted by an aquatic invasive 
     species;
       (iii) to develop new shipboard and land-based ballast water 
     treatment system technologies and performance standards to 
     prevent the introduction of aquatic invasive species;
       (iv) to develop mitigation measures to protect natural and 
     cultural living resources, including shellfish, from the 
     impacts of aquatic invasive species; or
       (v) to develop mitigation measures to protect 
     infrastructure, such as hydroelectric infrastructure, from 
     aquatic invasive species.
       (B) Prohibition on funding litigation.--A grant awarded 
     under the Program may not be used to fund litigation in any 
     matter.
       (5) Administration.--Not later than 90 days after the date 
     of enactment of this Act, the Foundation, in consultation 
     with the Secretary of Commerce, shall establish the 
     following:
       (A) Application and review procedures for awarding grants 
     under the Program.
       (B) Approval procedures for awarding grants under the 
     Program. Such procedures shall require consultation with the 
     Secretary of the Interior and the Administrator.
       (C) Performance accountability and monitoring measures for 
     activities funded by a grant awarded under the Program.
       (D) Procedures and methods to ensure accurate accounting 
     and appropriate administration of grants awarded under the 
     Program, including standards of record keeping.
       (6) Matching requirement.--Each eligible entity awarded a 
     grant under the Program to carry out an activity shall 
     provide matching funds to carry out such activity, in cash or 
     through in-kind contributions from sources other than the 
     Federal Government, in an amount equal to 50 percent of the 
     cost of such activity.
       (7) Funding.--The Secretary of Commerce and the Foundation 
     shall use the amounts available in the Coastal Aquatic 
     Invasive Species Mitigation Fund established under subsection 
     (b), to award grants under the Program.
       (b) Coastal Aquatic Invasive Species Mitigation Fund.--
       (1) Creation of fund.--There is established in the Treasury 
     of the United States a trust fund to be known as the 
     ``Coastal Aquatic Invasive Species Mitigation Fund'' 
     (referred to in this section as the ``Fund''), consisting of 
     such amounts as may be appropriated or credited to the Fund 
     as provided in this section or section 9602 of the Internal 
     Revenue Code of 1986.
       (2) Transfers to fund.--
       (A) Appropriation.--There is authorized to be appropriated 
     from the Treasury to the Fund each fiscal year an amount 
     equal to the penalties assessed under section 903(b) of this 
     title in the prior fiscal year.
       (B) Authorization of further appropriations.--There is 
     authorized to be appropriated to the Fund, in addition to the 
     amounts transferred to the Fund under paragraph (1), 
     $5,000,000 for each fiscal year.
       (3) Expenditures from fund.--Amounts in the Fund shall be 
     available without further appropriation to the Secretary of 
     Commerce and the National Fish and Wildlife Foundation 
     established by section 2(a) of the National Fish and Wildlife 
     Foundation Establishment Act to award grants under the 
     Coastal Aquatic Invasive Species Mitigation Grant Program 
     established under subsection (a)(2).

     SEC. 915. RULES OF CONSTRUCTION.

       (a) International Standards.--Nothing in this title 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.
       (b) Other Authorities.--Nothing in this title may construed 
     as affecting the authority of the Secretary of Commerce or 
     the Secretary of the Interior to administer lands or waters 
     under the administrative control of the Secretary of Commerce 
     or the Secretary of the Interior.

            TITLE X--HYDROGRAPHIC SERVICES AND OTHER MATTERS

     SEC. 1001. REAUTHORIZATION OF HYDROGRAPHIC SERVICES 
                   IMPROVEMENT ACT OF 1998.

       (a) Reauthorizations.--Section 306 of the Hydrographic 
     Services Improvement Act of 1998 (33 U.S.C. 892d) is 
     amended--
       (1) in the matter before paragraph (1), by striking ``There 
     are'' and inserting the following:
       ``(a) In General.--There are'';
       (2) in subsection (a) (as designated by paragraph (1))--
       (A) in paragraph (1), by striking ``surveys--'' and all 
     that follows through the end of the paragraph and inserting 
     ``surveys, $69,627,000 for each of fiscal years 2018 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 2018 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 2018 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 2018 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 2018 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 in the Arctic--
       ``(A) to acquire hydrographic data;
       ``(B) to provide hydrographic services;
       ``(C) to conduct coastal change analyses necessary to 
     ensure safe navigation;
       ``(D) to improve the management of coastal change; and
       ``(E) to reduce risks of harm to subsistence and coastal 
     communities associated with increased international maritime 
     traffic; and

[[Page S2187]]

       ``(2) $2,000,000 is authorized for use to acquire 
     hydrographic data and provide hydrographic services in the 
     Arctic necessary to delineate the United States extended 
     Continental Shelf.''.
       (b) Limitation on Administrative Expenses for Surveys.--
     Section 306 of such Act (33 U.S.C. 892d) is further amended 
     by adding at the end the following:
       ``(c) Limitation on Administrative Expenses for Surveys.--
     Of amounts authorized by this section for each fiscal year 
     for contract hydrographic surveys, not more than 5 percent is 
     authorized for administrative costs associated with contract 
     management.''.

     SEC. 1002. SYSTEM FOR TRACKING AND REPORTING ALL-INCLUSIVE 
                   COST OF HYDROGRAPHIC SURVEYS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Commerce shall--
       (1) develop and implement a system to track and report the 
     full cost to the Department of Commerce of hydrographic data 
     collection, including costs relating to vessel acquisition, 
     vessel repair, and administration of contracts to procure 
     data;
       (2) evaluate measures for comparing cost per unit effort in 
     addition to measures of cost per nautical square mile; and
       (3) submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Natural 
     Resources of the House of Representatives a report on which 
     additional measures for comparing cost per unit effort the 
     Secretary intends to use and the rationale for such use.
       (b) Development of Strategy for Increased Contracting With 
     Nongovernmental Entities for Hydrographic Data Collection.--
     Not later than 180 days after the date on which the Secretary 
     completes the activities required by subsection (a), the 
     Secretary shall develop a strategy for how the National 
     Oceanic and Atmospheric Administration will increase 
     contracting with nongovernmental entities for hydrographic 
     data collection in a manner that is consistent with the 
     requirements of the Ocean and Coastal Mapping Integration Act 
     (Public Law 111-11; 33 U.S.C. 3501 et seq.).

     SEC. 1003. HOMEPORT OF CERTAIN RESEARCH VESSELS.

       (a) Acceptance of Funds Authorized.--The Secretary of 
     Commerce may accept non-Federal funds for the purpose of the 
     construction of a new port facility, including obtaining such 
     cost estimates, designs, and permits as may be necessary to 
     facilitate the homeporting of the R/V FAIRWEATHER in 
     accordance with title II of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 775) 
     at a location that during such homeporting shall be under the 
     administrative jurisdiction of the Under Secretary of 
     Commerce for Oceans and Atmosphere.
       (b) Strategic Plan Required.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     develop and submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Natural 
     Resources of the House of Representatives a strategic plan 
     for implementing subsection (a).
       (c) Acceptance of Funds Authorized.--The Secretary may 
     accept non-Federal funds for the purpose of the construction 
     of a new port facility, including obtaining such cost 
     estimates, designs, and permits as may be necessary to 
     facilitate the homeporting of a new, existing, or reactivated 
     research vessel in the city of St. Petersburg, Florida, at a 
     location that during such homeporting shall be under the 
     administrative jurisdiction of the Under Secretary of 
     Commerce for Oceans and Atmosphere.
       (d) Strategic Plan Required.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     develop and submit to Congress a strategic plan for 
     construction or acquisition of the facilities needed to allow 
     for an oceanographic research vessel to be homeported in St. 
     Petersburg, Florida. The strategic plan shall include an 
     estimate of funding needed to construct such facilities.
                                 ______
                                 
  SA 2233. Mr. McCONNELL proposed an amendment to amendment SA 2232 
proposed by Mr. McConnell (for Mr. Thune (for himself, Mr. Nelson, and 
Mr. Sullivan)) to the bill S. 140, to amend the White Mountain Apache 
Tribe Water Rights Quantification Act of 2010 to clarify the use of 
amounts in the WMAT Settlement Fund; as follows:

       At the end add the following.
       ``This Act shall take effect 1 day after the date of 
     enactment.''
                                 ______
                                 
  SA 2234. Mr. McCONNELL proposed an amendment to the bill S. 140, to 
amend the White Mountain Apache Tribe Water Rights Quantification Act 
of 2010 to clarify the use of amounts in the WMAT Settlement Fund; as 
follows:

       At the end add the following.
       ``This Act shall take effect 2 days after the date of 
     enactment.''
                                 ______
                                 
  SA 2235. Mr. McCONNELL proposed an amendment to amendment SA 2234 
proposed by Mr. McConnell to the bill S. 140, to amend the White 
Mountain Apache Tribe Water Rights Quantification Act of 2010 to 
clarify the use of amounts in the WMAT Settlement Fund; as follows:

       Strike ``2'' and insert ``3''
                                 ______
                                 
  SA 2236. Mr. McCONNELL proposed an amendment to amendment SA 2235 
proposed by Mr. McConnell to the amendment SA 2234 proposed by Mr. 
McConnell to the bill S. 140, to amend the White Mountain Apache Tribe 
Water Rights Quantification Act of 2010 to clarify the use of amounts 
in the WMAT Settlement Fund; as follows:

        Strike ``3 days'' and insert ``4 days''
                                 ______
                                 
  SA 2237. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 140, to amend the White Mountain Apache Tribe Water 
Rights Quantification Act of 2010 to clarify the use of amounts in the 
WMAT Settlement Fund; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 4. PROTECTING AMERICAN JOBS ACT.

       (a) Short Title.--This section may be cited as the 
     ``Protecting American Jobs Act''.
       (b) Duties of the General Counsel and Administrative Law 
     Judges.--The National Labor Relations Act (29 U.S.C. 151 et 
     seq.) is amended--
       (1) in section 3(d) (29 U.S.C. 153(d)), by striking 
     ``investigation of charges and issuance of complaints under 
     section 10, and in respect of the prosecution of such 
     complaints before the Board'' and inserting ``investigation 
     of allegations under section 10''; and
       (2) in section 4(a) (29 U.S.C. 154(a)), by striking the 
     fourth sentence.
       (c) Clarification of the Board's Rulemaking Authority.--
     Section 6 of such Act (29 U.S.C. 156) is amended by adding at 
     the end the following: ``Such rulemaking authority shall be 
     limited to rules concerning the internal functions of the 
     Board. The Board shall not promulgate rules or regulations 
     that affect the substantive or procedural rights of any 
     person, employer, employee, or labor organization, including 
     rules and regulations concerning unfair labor practices and 
     representation elections.''.
       (d) Investigatory Power and Adjudicatory Authority Over 
     Unfair Labor Practice Allegations.--Section 10 of such Act 
     (29 U.S.C. 160) is amended--
       (1) in subsection (a)--
       (A) by striking ``prevent any person from engaging in'' and 
     inserting ``investigate''; and
       (B) by striking ``This power shall'' and all that follows 
     through the end of the subsection;
       (2) in subsection (b)--
       (A) by striking ``Whenever it is charged'' and inserting 
     ``Whenever it is alleged'';
       (B) by striking ``or is engaging in'' and inserting ``, is 
     engaging in, or is about to engage in'';
       (C) by striking ``the Board, or any agent'' and all that 
     follows through ``Provided, That no complaint shall issue'' 
     and inserting ``the aggrieved person may bring a civil action 
     for such relief (including an injunction) as may be 
     appropriate. Any such civil action may be brought in the 
     district court of the United States where the violation 
     occurred, or, at the option of the parties, in the United 
     States District Court for the District of Columbia. No civil 
     action may be brought'';
       (D) by striking ``charge with the Board'' and all that 
     follows through ``prevented from filing such charge'' and 
     inserting ``civil action, unless the person aggrieved thereby 
     was prevented from filing such civil action''; and
       (E) by striking ``Any such complaint may be amended'' and 
     all that follows through ``Any such proceeding shall, so far 
     as practicable,'' and inserting ``Any proceeding under this 
     subsection shall'';
       (3) by striking subsections (c) through (k);
       (4) by redesignating subsections (l) and (m) as subsections 
     (c) and (d), respectively;
       (5) in subsection (c) (as so redesignated)--
       (A) by striking ``Whenever it is charged'' and inserting 
     ``Whenever it is alleged'';
       (B) in the first sentence, by striking ``charge'' and 
     inserting ``allegation''; and
       (C) by striking ``such charge is true and that a complaint 
     should issue, he shall'' and all that follows through the end 
     of the subsection and inserting ``such allegation is true, 
     the officer or regional attorney shall, on behalf of the 
     Board, submit a written summary of the findings to all 
     parties involved in the alleged unfair labor practice.''; and
       (6) in subsection (d) (as so redesignated)--
       (A) by striking ``Whenever it is charged'' and inserting 
     ``Whenever it is alleged'';
       (B) by striking ``such charge'' and inserting ``such 
     allegation''; and
       (C) by striking ``and cases given priority under subsection 
     (i)''.
       (e) Conforming Amendments.--The National Labor Relations 
     Act (29 U.S.C. 151 et seq.) is amended--
       (1) in section 9 (29 U.S.C. 159)--
       (A) in subsection (c)(2), by striking ``and in no case 
     shall the Board'' and all that follows through the end of 
     such subsection and inserting a period;
       (B) by striking subsection (d); and
       (C) by redesignating subsection (e) as subsection (d);

[[Page S2188]]

       (2) in section 3(b) (29 U.S.C. 153(b)), by striking ``or 
     (e) of section 9'' and inserting ``or (d) of section 9'';
       (3) in section 8 (29 U.S.C. 158), by striking ``9(e)'' each 
     place it appears and inserting ``9(d)''; and
       (4) in section 18 (29 U.S.C. 168), by striking ``section 10 
     (e) or (f)'' and inserting ``subsection (e) or (f) of section 
     10, as such subsections were in effect on the day before the 
     date of enactment of the Protecting American Jobs Act,''.
       (f) Regulations.--Not later than 6 months after the date of 
     enactment of this section, the National Labor Relations Board 
     shall review all regulations promulgated before such date of 
     enactment and revise or rescind any such regulations as 
     necessary to implement the amendment made by subsection (c).

                          ____________________