[Congressional Record Volume 164, Number 181 (Thursday, November 15, 2018)]
[Senate]
[Pages S6973-S7019]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AMENDING THE WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION 
                              ACT OF 2010

  Mr. McCONNELL. Madam President, I ask unanimous consent that 
notwithstanding adoption of the motion to concur in the House amendment 
to S. 140 with further amendment No. 4054, as modified, that amendment 
No. 4054, as modified, be further modified with the changes at the 
desk.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The amendment (No. 4054), as further modified, is as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Frank LoBiondo Coast Guard 
     Authorization Act of 2018''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

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

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

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

                        TITLE II--AUTHORIZATIONS

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

                         TITLE III--COAST GUARD

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

                  TITLE IV--PORTS AND WATERWAYS SAFETY

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

                TITLE V--MARITIME TRANSPORTATION SAFETY

Sec. 501. Consistency in marine inspections.
Sec. 502. Uninspected passenger vessels in St. Louis County, Minnesota.
Sec. 503. Engine cut-off switch requirements.
Sec. 504. Exception from survival craft requirements.
Sec. 505. Safety standards.
Sec. 506. Fishing safety grants.
Sec. 507. Fishing, fish tender, and fish processing vessel 
              certification.
Sec. 508. Deadline for compliance with alternate safety compliance 
              program.
Sec. 509. Termination of unsafe operations; technical correction.

[[Page S6974]]

Sec. 510. Technical corrections: Licenses, certificates of registry, 
              and merchant mariner documents.
Sec. 511. Clarification of logbook entries.
Sec. 512. Certificates of documentation for recreational vessels.
Sec. 513. Numbering for undocumented barges.
Sec. 514. Backup national timing system.
Sec. 515. Scientific personnel.
Sec. 516. Transparency.

                     TITLE VI--ADVISORY COMMITTEES

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

                 TITLE VII--FEDERAL MARITIME COMMISSION

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

                       TITLE VIII--MISCELLANEOUS

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

               TITLE IX--VESSEL INCIDENTAL DISCHARGE ACT

Sec. 901. Short title.
Sec. 902. Purposes; findings.
Sec. 903. Standards for discharges incidental to normal operation of 
              vessels.

            TITLE X--HYDROGRAPHIC SERVICES AND OTHER MATTERS

Sec. 1001. Reauthorization of Hydrographic Services Improvement Act of 
              1998.
Sec. 1002. System for tracking and reporting all-inclusive cost of 
              hydrographic surveys.
Sec. 1003. Homeport of certain research vessels.

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

     SEC. 101. INITIAL MATTER.

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


------------------------------------------------------------------------
   Title 14                                                   Title 14
   section            Section heading (provided for           section
number before   identification purposes only-not amended)   number after
redesignation                                              redesignation
------------------------------------------------------------------------
           1   Establishment of Coast Guard..............           101
------------------------------------------------------------------------
           2   Primary duties............................           102
------------------------------------------------------------------------
           3   Department in which the Coast Guard                  103
                operates.................................
------------------------------------------------------------------------
         652   Removing restrictions.....................           104
------------------------------------------------------------------------
           4   Secretary defined.........................           105
------------------------------------------------------------------------
           5   Commandant defined........................           106
------------------------------------------------------------------------

     SEC. 104. CHAPTER 3.

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


[[Page S6975]]



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

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

     ``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 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) Amounts Recovered for Response Actions.--
       ``(1) All sums appropriated to carry out the Coast Guard's 
     environmental compliance and restoration functions under this 
     section or another law shall be credited or transferred to an 
     appropriate Coast Guard account, as determined by the 
     Commandant and remain available until expended.
       ``(2) Funds may be obligated or expended from such account 
     to carry out the Coast Guard's environmental compliance and 
     restoration functions under this section or another law.
       ``(3) In proposing the budget for any fiscal year under 
     section 1105 of title 31, the President shall set forth 
     separately the amount requested for the Coast Guard's 
     environmental compliance and restoration activities under 
     this section or another law.
       ``(4) Amounts recovered under section 107 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9607) for the Secretary's response 
     actions at current and former Coast Guard facilities shall be 
     credited to an appropriate Coast Guard account, as determined 
     by the Commandant.
       ``(d) Annual List of Projects to Congress.--The Commandant 
     shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a prioritized list of projects eligible for 
     environmental compliance and restoration funding for each 
     fiscal year concurrent with the President's budget submission 
     for that fiscal year.''.
       (2) Conforming repeals.--Sections 634, 690, 691, 692, and 
     693 of title 14, United States Code, are repealed.

     SEC. 105. CHAPTER 5.

       (a) Initial Matter.--Chapter 5 of title 14, 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.
``527. Safety of naval vessels.
``528. Protecting against unmanned aircraft.

                  ``subchapter iii--aids to navigation

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

                     ``subchapter iv--miscellaneous

``561. Icebreaking in polar regions.
``562. Appeals and waivers.
``563. Notification of certain determinations.''.

[[Page S6976]]

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


------------------------------------------------------------------------
   Title 14                                                   Title 14
   section            Section heading (provided for           section
number before   identification purposes only-not amended)   number after
redesignation                                              redesignation
------------------------------------------------------------------------
          92   Secretary; general powers.................           501
------------------------------------------------------------------------
         631   Delegation of powers by the Secretary.....           502
------------------------------------------------------------------------
         633   Regulations...............................           503
------------------------------------------------------------------------
          93   Commandant; general powers................           504
------------------------------------------------------------------------
         632   Functions and powers vested in the                   505
                Commandant...............................
------------------------------------------------------------------------
         520   Prospective payment of funds necessary to            506
                provide medical care.....................
------------------------------------------------------------------------
         153   Appointment of judges.....................           507
------------------------------------------------------------------------
          88   Saving life and property..................           521
------------------------------------------------------------------------
          89   Law enforcement...........................           522
------------------------------------------------------------------------
          99   Enforcement authority.....................           523
------------------------------------------------------------------------
         100   Enforcement of coastwise trade laws.......           524
------------------------------------------------------------------------
          95   Special agents of the Coast Guard                    525
                Investigative Service law enforcement
                authority................................
------------------------------------------------------------------------
         637   Stopping vessels; indemnity for firing at            526
                or into vessel...........................
------------------------------------------------------------------------
          91   Safety of naval vessels...................           527
------------------------------------------------------------------------
         104   Protecting against unmanned aircraft......           528
------------------------------------------------------------------------
          81   Aids to navigation authorized.............           541
------------------------------------------------------------------------
          83   Unauthorized aids to maritime navigation;            542
                penalty..................................
------------------------------------------------------------------------
          84   Interference with aids to navigation;                543
                penalty..................................
------------------------------------------------------------------------
          85   Aids to maritime navigation; penalty......           544
------------------------------------------------------------------------
          86   Marking of obstructions...................           545
------------------------------------------------------------------------
         642   Deposit of damage payments................           546
------------------------------------------------------------------------
         643   Rewards for apprehension of persons                  547
                interfering with aids to navigation......
------------------------------------------------------------------------
          87   Icebreaking in polar regions..............           561
------------------------------------------------------------------------
         101   Appeals and waivers.......................           562
------------------------------------------------------------------------
         103   Notification of certain determinations....           563
------------------------------------------------------------------------

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

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


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


[[Page S6977]]

  


     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:


------------------------------------------------------------------------
   Title 14                                                   Title 14
   section            Section heading (provided for           section
number before   identification purposes only-not amended)   number after
redesignation                                              redesignation
------------------------------------------------------------------------
         641   Disposal of certain material..............           901
------------------------------------------------------------------------
         653   Employment of draftsmen and engineers.....           902
------------------------------------------------------------------------
         656   Use of certain appropriated funds.........           903
------------------------------------------------------------------------
         666   Local hire................................           904
------------------------------------------------------------------------
         670   Procurement authority for family housing..           905
------------------------------------------------------------------------
         671   Air Station Cape Cod Improvements.........           906
------------------------------------------------------------------------
         672   Long-term lease of special purpose                   907
                facilities...............................
------------------------------------------------------------------------
        672a   Long-term lease authority for lighthouse             908
                property.................................
------------------------------------------------------------------------
         674   Small boat station rescue capability......           909
------------------------------------------------------------------------
         675   Small boat station closures...............           910
------------------------------------------------------------------------
         676   Search and rescue center standards........           911
------------------------------------------------------------------------
        676a   Air facility closures.....................           912
------------------------------------------------------------------------
         677   Turnkey selection procedures..............           913
------------------------------------------------------------------------
         681   Disposition of infrastructure related to E-          914
                LORAN....................................
------------------------------------------------------------------------
         635   Oaths required for boards.................           931
------------------------------------------------------------------------
         636   Administration of oaths...................           932
------------------------------------------------------------------------
         638   Coast Guard ensigns and pennants..........           933
------------------------------------------------------------------------
         639   Penalty for unauthorized use of words                934
                ``Coast Guard''..........................
------------------------------------------------------------------------
         640   Coast Guard band recordings for commercial           935
                sale.....................................
------------------------------------------------------------------------
         645   Confidentiality of medical quality                   936
                assurance records; qualified immunity for
                participants.............................
------------------------------------------------------------------------
         646   Admiralty claims against the United States           937
------------------------------------------------------------------------
         647   Claims for damage to property of the                 938
                United States............................
------------------------------------------------------------------------
         648   Accounting for industrial work............           939
------------------------------------------------------------------------
         649   Supplies and equipment from stock.........           940
------------------------------------------------------------------------
         650   Coast Guard Supply Fund...................           941
------------------------------------------------------------------------
         654   Public and commercial vessels and other              942
                watercraft; sale of fuel, supplies, and
                services.................................
------------------------------------------------------------------------
         655   Arms and ammunition; immunity from                   943
                taxation.................................
------------------------------------------------------------------------
         658   Confidential investigative expenses.......           944
------------------------------------------------------------------------
         659   Assistance to film producers..............           945
------------------------------------------------------------------------
         664   User fees.................................           946
------------------------------------------------------------------------
         667   Vessel construction bonding requirements..           947
------------------------------------------------------------------------
         668   Contracts for medical care for retirees,             948
                dependents, and survivors: alternative
                delivery of health care..................
------------------------------------------------------------------------
         669   Telephone installation and charges........           949
------------------------------------------------------------------------
         673   Designation, powers, and accountability of           950
                deputy disbursing officials..............
------------------------------------------------------------------------
         678   Aircraft accident investigations..........           951
------------------------------------------------------------------------

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

             ``SUBCHAPTER I--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 heading, 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.

[[Page S6978]]

``1108. Department of Defense consultation.
``1109. Undefinitized contractual actions.
``1110. Mission need statement.

      ``subchapter ii--improved acquisition process and procedures

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

                      ``subchapter iii--procurement

``1151. Restriction on construction of vessels in foreign shipyards.
``1152. Advance procurement funding.
``1153. Prohibition on overhaul, repair, and maintenance of Coast Guard 
              vessels in foreign shipyards.
``1154. Procurement of buoy chain.
``1155. Contract termination.

                      ``subchapter iv--definitions

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


------------------------------------------------------------------------
   Title 14                                                   Title 14
   section            Section heading (provided for           section
number before   identification purposes only-not amended)   number after
redesignation                                              redesignation
------------------------------------------------------------------------
         561   Acquisition directorate...................          1101
------------------------------------------------------------------------
         562   Improvements in Coast Guard acquisition             1102
                management...............................
------------------------------------------------------------------------
         578   Role of Vice Commandant in major                    1103
                acquisition programs.....................
------------------------------------------------------------------------
         563   Recognition of Coast Guard personnel for            1104
                excellence in acquisition................
------------------------------------------------------------------------
         564   Prohibition on use of lead systems                  1105
                integrators..............................
------------------------------------------------------------------------
         565   Required contract terms...................          1106
------------------------------------------------------------------------
         579   Extension of major acquisition program              1107
                contracts................................
------------------------------------------------------------------------
         566   Department of Defense consultation........          1108
------------------------------------------------------------------------
         567   Undefinitized contractual actions.........          1109
------------------------------------------------------------------------
         569   Mission need statement....................          1110
------------------------------------------------------------------------
         571   Identification of major system                      1131
                acquisitions.............................
------------------------------------------------------------------------
         572   Acquisition...............................          1132
------------------------------------------------------------------------
         573   Preliminary development and demonstration.          1133
------------------------------------------------------------------------
         574   Acquisition, production, deployment, and            1134
                support..................................
------------------------------------------------------------------------
         575   Acquisition program baseline breach.......          1135
------------------------------------------------------------------------
         576   Acquisition approval authority............          1136
------------------------------------------------------------------------
         665   Restriction on construction of vessels in           1151
                foreign shipyards........................
------------------------------------------------------------------------
         577   Advance procurement funding...............          1152
------------------------------------------------------------------------
          96   Prohibition on overhaul, repair, and                1153
                maintenance of Coast Guard vessels in
                foreign shipyards........................
------------------------------------------------------------------------
          97   Procurement of buoy chain.................          1154
------------------------------------------------------------------------
         657   Contract termination......................          1155
------------------------------------------------------------------------
         581   Definitions...............................          1171
------------------------------------------------------------------------

       (c) Additional Changes.--Chapter 11 of title 14, United 
     States Code, is further amended--
       (1) 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.
``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--

[[Page S6979]]

       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 19 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


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

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

                   ``SUBCHAPTER I--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 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.

[[Page S6980]]

``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:


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

[[Page S6981]]

 
         287   Separation for failure of selection for             2148
                promotion or continuation; time of.......
------------------------------------------------------------------------
         288   Regular captains; retirement..............          2149
------------------------------------------------------------------------
         289   Captains; continuation on active duty;              2150
                involuntary retirement...................
------------------------------------------------------------------------
         290   Rear admirals and rear admirals (lower              2151
                half); continuation on active duty;
                involuntary retirement...................
------------------------------------------------------------------------
         291   Voluntary retirement after twenty years'            2152
                service..................................
------------------------------------------------------------------------
         292   Voluntary retirement after thirty years'            2153
                service..................................
------------------------------------------------------------------------
         293   Compulsory retirement.....................          2154
------------------------------------------------------------------------
         294   Retirement for physical disability after            2155
                selection for promotion; grade in which
                retired..................................
------------------------------------------------------------------------
         295   Deferment of retirement or separation for           2156
                medical reasons..........................
------------------------------------------------------------------------
         296   Flag officers.............................          2157
------------------------------------------------------------------------
         321   Review of records of officers.............          2158
------------------------------------------------------------------------
         322   Boards of inquiry.........................          2159
------------------------------------------------------------------------
         323   Boards of review..........................          2160
------------------------------------------------------------------------
         324   Composition of boards.....................          2161
------------------------------------------------------------------------
         325   Rights and procedures.....................          2162
------------------------------------------------------------------------
         326   Removal of officer from active duty;                2163
                action by Secretary......................
------------------------------------------------------------------------
         327   Officers considered for removal;                    2164
                retirement or discharge; separation
                benefits.................................
------------------------------------------------------------------------
         333   Relief of retired officer promoted while            2165
                on active duty...........................
------------------------------------------------------------------------
         335   Physical fitness of officers..............          2181
------------------------------------------------------------------------
         429   Multirater assessment of certain personnel          2182
------------------------------------------------------------------------

       (c) Additional Changes.--Chapter 21 of title 14, United 
     States Code, is further amended--
       (1) 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:


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

     SEC. 114. CHAPTER 25.

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

[[Page S6982]]

  


              ``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:


------------------------------------------------------------------------
   Title 14                                                   Title 14
   section            Section heading (provided for           section
number before   identification purposes only-not amended)   number after
redesignation                                              redesignation
------------------------------------------------------------------------
         334   Grade on retirement.......................          2501
------------------------------------------------------------------------
         421   Retirement................................          2502
------------------------------------------------------------------------
         422   Status of recalled personnel..............          2503
------------------------------------------------------------------------
         423   Computation of retired pay................          2504
------------------------------------------------------------------------
         424   Limitations on retirement and retired pay.          2505
------------------------------------------------------------------------
        424a   Suspension of payment of retired pay of             2506
                members who are absent from the United
                States to avoid prosecution..............
------------------------------------------------------------------------
         425   Board for Correction of Military Records            2507
                deadline.................................
------------------------------------------------------------------------
         426   Emergency leave retention authority.......          2508
------------------------------------------------------------------------
         427   Prohibition of certain involuntary                  2509
                administrative separations...............
------------------------------------------------------------------------
         428   Sea service letters.......................          2510
------------------------------------------------------------------------
         430   Investigations of flag officers and Senior          2511
                Executive Service employees..............
------------------------------------------------------------------------
         431   Leave policies for the Coast Guard........          2512
------------------------------------------------------------------------
         467   Computation of length of service..........          2513
------------------------------------------------------------------------
         432   Personnel of former Lighthouse Service....          2531
------------------------------------------------------------------------

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

                 ``SUBCHAPTER I--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:


------------------------------------------------------------------------
   Title 14                                                   Title 14
   section            Section heading (provided for           section
number before   identification purposes only-not amended)   number after
redesignation                                              redesignation
------------------------------------------------------------------------
         468   Procurement of personnel..................          2701
------------------------------------------------------------------------
         469   Training..................................          2702
------------------------------------------------------------------------
         476   Contingent expenses.......................          2703
------------------------------------------------------------------------
         477   Equipment to prevent accidents............          2704
------------------------------------------------------------------------
         482   Clothing at time of discharge for good of           2705
                service..................................
------------------------------------------------------------------------
         483   Right to wear uniform.....................          2706
------------------------------------------------------------------------
         484   Protection of uniform.....................          2707
------------------------------------------------------------------------

[[Page S6983]]

 
         485   Clothing for officers and enlisted                  2708
                personnel................................
------------------------------------------------------------------------
         487   Procurement and sale of stores to members           2709
                and civilian employees...................
------------------------------------------------------------------------
         507   Disposition of effects of decedents.......          2710
------------------------------------------------------------------------
         508   Deserters; payment of expenses incident to          2711
                apprehension and delivery; penalties.....
------------------------------------------------------------------------
         644   Payment for the apprehension of stragglers          2712
------------------------------------------------------------------------
         499   Delegation of powers to make awards; rules          2731
                and regulations..........................
------------------------------------------------------------------------
         491   Medal of honor............................          2732
------------------------------------------------------------------------
         504   Medal of honor: duplicate medal...........          2733
------------------------------------------------------------------------
         505   Medal of honor: presentation of Medal of            2734
                Honor Flag...............................
------------------------------------------------------------------------
        491a   Coast Guard cross.........................          2735
------------------------------------------------------------------------
         492   Distinguished service medal...............          2736
------------------------------------------------------------------------
        492a   Silver star medal.........................          2737
------------------------------------------------------------------------
        492b   Distinguished flying cross................          2738
------------------------------------------------------------------------
         493   Coast Guard medal.........................          2739
------------------------------------------------------------------------
         494   Insignia for additional awards............          2740
------------------------------------------------------------------------
         496   Time limit on award; report concerning              2741
                deed.....................................
------------------------------------------------------------------------
         497   Honorable subsequent service as condition           2742
                to award.................................
------------------------------------------------------------------------
         498   Posthumous awards.........................          2743
------------------------------------------------------------------------
         500   Life-saving medals........................          2744
------------------------------------------------------------------------
         501   Replacement of medals.....................          2745
------------------------------------------------------------------------
         502   Award of other medals.....................          2746
------------------------------------------------------------------------
         503   Awards and insignia for excellence in               2747
                service or conduct.......................
------------------------------------------------------------------------
         516   Presentation of United States flag upon             2748
                retirement...............................
------------------------------------------------------------------------
         509   Persons discharged as result of court-              2761
                martial; allowances to...................
------------------------------------------------------------------------
         510   Shore patrol duty; payment of expenses....          2762
------------------------------------------------------------------------
         511   Compensatory absence from duty for                  2763
                military personnel at isolated duty
                stations.................................
------------------------------------------------------------------------
         512   Monetary allowance for transportation of            2764
                household effects........................
------------------------------------------------------------------------
         513   Retroactive payment of pay and allowances           2765
                delayed by administrative error or
                oversight................................
------------------------------------------------------------------------
         517   Travel card management....................          2766
------------------------------------------------------------------------
         518   Reimbursement for medical-related travel            2767
                expenses for certain persons residing on
                islands in the continental United States.
------------------------------------------------------------------------
         519   Annual audit of pay and allowances of               2768
                members undergoing permanent change of
                station..................................
------------------------------------------------------------------------
         461   Remission of indebtedness.................          2769
------------------------------------------------------------------------
         470   Special instruction at universities.......          2770
------------------------------------------------------------------------
         471   Attendance at professional meetings.......          2771
------------------------------------------------------------------------
         472   Education loan repayment program..........          2772
------------------------------------------------------------------------
         478   Rations or commutation therefor in money..          2773
------------------------------------------------------------------------
         479   Sales of ration supplies to messes........          2774
------------------------------------------------------------------------
         480   Flight rations............................          2775
------------------------------------------------------------------------
         481   Payments at time of discharge for good of           2776
                service..................................
------------------------------------------------------------------------
         486   Clothing for destitute shipwrecked persons          2777
------------------------------------------------------------------------
         488   Advancement of public funds to personnel..          2778
------------------------------------------------------------------------
         660   Transportation to and from certain places           2779
                of employment............................
------------------------------------------------------------------------

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

            ``SUBCHAPTER I--PERSONNEL 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:


------------------------------------------------------------------------
   Title 14                                                   Title 14
   section            Section heading (provided for           section
number before   identification purposes only-not amended)   number after
redesignation                                              redesignation
------------------------------------------------------------------------
         531   Work-life policies and programs...........          2901
------------------------------------------------------------------------
         532   Surveys of Coast Guard families...........          2902
------------------------------------------------------------------------
         541   Reimbursement for adoption expenses.......          2903
------------------------------------------------------------------------

[[Page S6984]]

 
         542   Education and training opportunities for            2904
                Coast Guard spouses......................
------------------------------------------------------------------------
         543   Youth sponsorship initiatives.............          2905
------------------------------------------------------------------------
         544   Dependent school children.................          2906
------------------------------------------------------------------------
         551   Definitions...............................          2921
------------------------------------------------------------------------
         552   Child development services................          2922
------------------------------------------------------------------------
         553   Child development center standards and              2923
                inspections..............................
------------------------------------------------------------------------
         554   Child development center employees........          2924
------------------------------------------------------------------------
         555   Parent partnerships with child development          2925
                centers..................................
------------------------------------------------------------------------
         680   Definitions...............................          2941
------------------------------------------------------------------------
         681   General authority.........................          2942
------------------------------------------------------------------------
         475   Leasing and hiring of quarters; rental of           2943
                inadequate housing.......................
------------------------------------------------------------------------
         680   Retired service members and dependents              2944
                serving on advisory committees...........
------------------------------------------------------------------------
         685   Conveyance of real property...............          2945
------------------------------------------------------------------------
         687   Coast Guard Housing Fund..................          2946
------------------------------------------------------------------------
         688   Reports...................................          2947
------------------------------------------------------------------------

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

                ``SUBCHAPTER I--COAST 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.
``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:


------------------------------------------------------------------------
   Title 14                                                   Title 14
   section            Section heading (provided for           section
number before   identification purposes only-not amended)   number after
redesignation                                              redesignation
------------------------------------------------------------------------
         701   Organization..............................          3701
------------------------------------------------------------------------
         702   Authorized strength.......................          3702
------------------------------------------------------------------------
         703   Coast Guard Reserve Boards................          3703
------------------------------------------------------------------------
         704   Grades and ratings; military authority....          3704
------------------------------------------------------------------------
         705   Benefits..................................          3705
------------------------------------------------------------------------
         706   Temporary members of the Reserve;                   3706
                eligibility and compensation.............
------------------------------------------------------------------------
         707   Temporary members of the Reserve;                   3707
                disability or death benefits.............
------------------------------------------------------------------------
         708   Temporary members of the Reserve;                   3708
                certificate of honorable service.........
------------------------------------------------------------------------
         709   Reserve student aviation pilots; Reserve            3709
                aviation pilots; appointments in
                commissioned grade.......................
------------------------------------------------------------------------
        709a   Reserve student pre-commissioning                   3710
                assistance program.......................
------------------------------------------------------------------------
         710   Appointment or wartime promotion;                   3711
                retention of grade upon release from
                active duty..............................
------------------------------------------------------------------------
         711   Exclusiveness of service..................          3712
------------------------------------------------------------------------
         712   Active duty for emergency augmentation of           3713
                regular forces...........................
------------------------------------------------------------------------
         713   Enlistment of members engaged in schooling          3714
------------------------------------------------------------------------
         720   Definitions...............................          3731
------------------------------------------------------------------------
         721   Applicability of this subchapter..........          3732
------------------------------------------------------------------------
         722   Suspension of this subchapter in time of            3733
                war or national emergency................
------------------------------------------------------------------------
         723   Effect of this subchapter on retirement             3734
                and retired pay..........................
------------------------------------------------------------------------
         724   Authorized number of officers.............          3735
------------------------------------------------------------------------
         725   Precedence................................          3736
------------------------------------------------------------------------
         726   Running mates.............................          3737
------------------------------------------------------------------------

[[Page S6985]]

 
         727   Constructive credit upon initial                    3738
                appointment..............................
------------------------------------------------------------------------
         728   Promotion of Reserve officers on active             3739
                duty.....................................
------------------------------------------------------------------------
         729   Promotion; recommendations of selection             3740
                boards...................................
------------------------------------------------------------------------
         730   Selection boards; appointment.............          3741
------------------------------------------------------------------------
         731   Establishment of promotion zones under              3742
                running mate system......................
------------------------------------------------------------------------
         732   Eligibility for promotion.................          3743
------------------------------------------------------------------------
         733   Recommendation for promotion of an officer          3744
                previously removed from an active status.
------------------------------------------------------------------------
         734   Qualifications for promotion..............          3745
------------------------------------------------------------------------
         735   Promotion; acceptance; oath of office.....          3746
------------------------------------------------------------------------
         736   Date of rank upon promotion; entitlement            3747
                to pay...................................
------------------------------------------------------------------------
         737   Type of promotion; temporary..............          3748
------------------------------------------------------------------------
         738   Effect of removal by the President or               3749
                failure of consent of the Senate.........
------------------------------------------------------------------------
         739   Failure of selection for promotion........          3750
------------------------------------------------------------------------
         740   Failure of selection and removal from an            3751
                active status............................
------------------------------------------------------------------------
         741   Retention boards; removal from an active            3752
                status to provide a flow of promotion....
------------------------------------------------------------------------
         742   Maximum ages for retention in an active             3753
                status...................................
------------------------------------------------------------------------
         743   Rear admiral and rear admiral (lower                3754
                half); maximum service in grade..........
------------------------------------------------------------------------
         744   Appointment of a former Navy or Coast               3755
                Guard officer............................
------------------------------------------------------------------------
         745   Grade on entry upon active duty...........          3756
------------------------------------------------------------------------
         746   Recall of a retired officer; grade upon             3757
                release..................................
------------------------------------------------------------------------

       (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:


------------------------------------------------------------------------
   Title 14                                                   Title 14
   section            Section heading (provided for           section
number before   identification purposes only-not amended)   number after
redesignation                                              redesignation
------------------------------------------------------------------------
         821   Administration of the Coast Guard                   3901
                Auxiliary................................
------------------------------------------------------------------------
         822   Purpose of the Coast Guard Auxiliary......          3902
------------------------------------------------------------------------
         823   Eligibility; enrollments..................          3903
------------------------------------------------------------------------
        823a   Members of the Auxiliary; status..........          3904
------------------------------------------------------------------------
         824   Disenrollment.............................          3905
------------------------------------------------------------------------
         825   Membership in other organizations.........          3906
------------------------------------------------------------------------
         826   Use of member's facilities................          3907
------------------------------------------------------------------------
         827   Vessel deemed public vessel...............          3908
------------------------------------------------------------------------
         828   Aircraft deemed public aircraft...........          3909
------------------------------------------------------------------------
         829   Radio station deemed government station...          3910
------------------------------------------------------------------------
         830   Availability of appropriations............          3911
------------------------------------------------------------------------
         831   Assignment and performance of duties......          3912
------------------------------------------------------------------------
         832   Injury or death in line of duty...........          3913
------------------------------------------------------------------------

     SEC. 120. CHAPTER 41.

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

 ``CHAPTER 41--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:


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

     SEC. 121. SUBTITLE IV AND CHAPTER 49.

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

   ``Subtitle IV--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.

[[Page S6986]]

``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:


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

     SEC. 122. CHAPTER 51.

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

                         ``CHAPTER 51--REPORTS

``Sec.
``5101. Transmission of annual Coast Guard authorization request.
``5102. Capital investment plan.
``5103. Major acquisitions.
``5104. Manpower requirements plan.
``5105. Inventory of real property.
``5106. Annual performance report.
``5107. Major acquisition risk assessment.''.
       (b) Redesignations and Transfers.--
       (1) Requirement.--The sections of title 14, United States 
     Code, identified in the table provided in paragraph (2) are 
     amended--
       (A) by redesignating the sections as described in the 
     table; and
       (B) by transferring the sections, as necessary, so that the 
     sections appear after the table of sections for chapter 51 of 
     such title (as added by subsection (a)), in the order in 
     which the sections are presented in the table.
       (2) Table.--The table referred to in paragraph (1) is the 
     following:


------------------------------------------------------------------------
   Title 14                                                   Title 14
   section            Section heading (provided for           section
number before   identification purposes only-not amended)   number after
redesignation                                              redesignation
------------------------------------------------------------------------
        2901   Transmission of annual Coast Guard                  5101
                authorization request....................
------------------------------------------------------------------------
        2902   Capital investment plan...................          5102
------------------------------------------------------------------------
        2903   Major acquisitions........................          5103
------------------------------------------------------------------------
        2904   Manpower requirements plan................          5104
------------------------------------------------------------------------
         679   Inventory of real property................          5105
------------------------------------------------------------------------
        2905   Annual performance report.................          5106
------------------------------------------------------------------------
        2906   Major acquisition risk assessment.........          5107
------------------------------------------------------------------------

     SEC. 123. REFERENCES.

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

                        TITLE II--AUTHORIZATIONS

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

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

     SEC. 202. AUTHORIZATIONS OF APPROPRIATIONS.

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

     ``Sec. 4902. Authorizations of appropriations

       ``(a) Fiscal Year 2018.--Funds are authorized to be 
     appropriated for fiscal year 2018 for necessary expenses of 
     the Coast Guard as follows:
       ``(1) For the operation and maintenance of the Coast Guard, 
     not otherwise provided for, $7,210,313,000 for fiscal year 
     2018.
       ``(2) For the acquisition, construction, renovation, and 
     improvement of aids to navigation, shore facilities, vessels, 
     aircraft, and systems, including equipment related thereto, 
     and for maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $2,694,745,000 for fiscal year 
     2018.
       ``(3) For the Coast Guard Reserve program, including 
     operations and maintenance of the program, personnel and 
     training costs, equipment, and services, $114,875,000 for 
     fiscal year 2018.
       ``(4) For the environmental compliance and restoration 
     functions of the Coast Guard under chapter 3 of this title, 
     $13,397,000 for fiscal year 2018.
       ``(5) To the Commandant for research, development, test, 
     and evaluation of technologies, materials, and human factors 
     directly related to improving the performance of the Coast 
     Guard's mission with respect to search and rescue, aids to 
     navigation, marine safety, marine environmental protection, 
     enforcement of laws and treaties, ice operations, 
     oceanographic research, and defense readiness, and for 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $29,141,000 for fiscal year 2018.
       ``(b) Fiscal Year 2019.--Funds are authorized to be 
     appropriated for fiscal year 2019 for necessary expenses of 
     the Coast Guard as follows:
       ``(1)(A) For the operation and maintenance of the Coast 
     Guard, not otherwise provided for, $7,914,195,000 for fiscal 
     year 2019.
       ``(B) Of the amount authorized under subparagraph (A)--
       ``(i) $16,701,000 shall be for environmental compliance and 
     restoration; and
       ``(ii) $199,360,000 shall be for the Coast Guard's 
     Medicare-eligible retiree health care fund contribution to 
     the Department of Defense.
       ``(2) For the procurement, construction, renovation, and 
     improvement of aids to navigation, shore facilities, vessels, 
     aircraft, and systems, including equipment related thereto, 
     and for maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $2,694,745,000 for fiscal year 
     2019.
       ``(3) To the Commandant for research, development, test, 
     and evaluation of technologies, materials, and human factors 
     directly related to improving the performance

[[Page S6987]]

     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.
       ``(b) Unmanned Aircraft System Defined.--In this section, 
     the term `unmanned aircraft system' has the meaning given 
     that term in section 331 of the FAA Modernization and Reform 
     Act of 2012 (49 U.S.C. 40101 note).''.
       (b) Limitation on Unmanned Aircraft Systems.--Chapter 11 of 
     title 14, United States Code, is amended by inserting after 
     section 1155 the following:

     ``Sec. 1156. Limitation on unmanned aircraft systems

       ``(a) In General.--During any fiscal year for which funds 
     are appropriated for the design or construction of an 
     Offshore Patrol Cutter, the Commandant--
       ``(1) may not award a contract for design of an unmanned 
     aircraft system for use by the Coast Guard; and
       ``(2) may lease, acquire, or acquire the services of an 
     unmanned aircraft system only if such system--
       ``(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 1155 the following:

``1156. Limitation on unmanned aircraft systems.''.
       (d) Conforming Amendment.--Subsection (c) of section 1105 
     of title 14, United States Code, is repealed.

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

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

     ``Sec. 508. 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

[[Page S6988]]

     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 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:

     ``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 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.

[[Page S6989]]

  


     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.--Not later than 60 days after the date on 
     which the President submits to Congress a budget pursuant to 
     section 1105 of title 31, the Commandant shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a capital investment plan 
     for the Coast Guard that identifies for each capital asset 
     for which appropriations are proposed in that budget--
       ``(1) the proposed appropriations included in the budget;
       ``(2) the total estimated cost of completion based on the 
     proposed appropriations included in the budget;
       ``(3) projected funding levels for each fiscal year for the 
     next 5 fiscal years or until project completion, whichever is 
     earlier;
       ``(4) an estimated completion date based on the proposed 
     appropriations included in the budget;
       ``(5) an acquisition program baseline, as applicable; and
       ``(6) projected commissioning and decommissioning dates for 
     each asset.''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Definitions.--In this section, the term `new capital 
     asset' means--
       ``(1) an acquisition program that does not have an approved 
     acquisition program baseline; or
       ``(2) the acquisition of a capital asset in excess of the 
     number included in the approved acquisition program 
     baseline.''.
       (b) Unfunded Priorities.--Chapter 51 of title 14, United 
     States Code, is amended by adding at the end the following:

     ``Sec. 5108. Unfunded priorities list

       ``(a) In General.--Not later than 60 days after the date on 
     which the President submits to Congress a budget pursuant to 
     section 1105 of title 31, the Commandant shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a list of each unfunded 
     priority for the Coast Guard.
       ``(b) Prioritization.--The list required under subsection 
     (a) shall present the unfunded priorities in order from the 
     highest priority to the lowest, as determined by the 
     Commandant.
       ``(c) Unfunded Priority Defined.--In this section, the term 
     `unfunded priority' means a program or mission requirement 
     that--
       ``(1) has not been selected for funding in the applicable 
     proposed budget;
       ``(2) is necessary to fulfill a requirement associated with 
     an operational need; and
       ``(3) the Commandant would have recommended for inclusion 
     in the applicable proposed budget had additional resources 
     been available or had the requirement emerged before the 
     budget was submitted.''.
       (c) Clerical Amendment.--The analysis for chapter 51 of 
     title 14, United States Code, is amended by adding at the end 
     the following:

``5108. Unfunded priorities list.''.

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

       (a) In General.--Section 527 of title 14, United States 
     Code, is amended--
       (1) in the heading, by striking ``naval vessels'' and 
     inserting ``vessels of the Armed Forces'';
       (2) in subsection (a), by striking ``United States naval 
     vessel'' and inserting ``vessel of the Armed Forces'';
       (3) in subsection (b)--
       (A) by striking ``senior naval officer present in command'' 
     and inserting ``senior officer present in command''; and
       (B) by striking ``United States naval vessel'' and 
     inserting ``vessel of the Armed Forces''; and
       (4) by adding at the end the following:
       ``(e) For purposes of this title, the term `vessel of the 
     Armed Forces' means--
       ``(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
       (2) by striking ``section 101(a) of title 10'' and 
     inserting ``section 527(e)''.

     SEC. 319. AIR FACILITIES.

       Section 912 of title 14, United States Code, is amended--
       (1) by striking subsection (a);
       (2) by redesignating subsections (b) and (c) as subsections 
     (a) and (b), respectively;
       (3) in subsection (a) as redesignated--
       (A) by amending paragraph (3) to read as follows:
       ``(3) Public notice and comment.--
       ``(A) In general.--Prior to closing an air facility, the 
     Secretary shall provide opportunities for public comment, 
     including the convening of public meetings in communities in 
     the area of responsibility of the air facility with regard to 
     the proposed closure or cessation of operations at the air 
     facility.
       ``(B) Public meetings.--Prior to convening a public meeting 
     under subparagraph (A), the Secretary shall notify each 
     congressional office representing any portion of the area of 
     responsibility of the air station that is the subject to such 
     public meeting of the schedule and location of such public 
     meeting.'';
       (B) in paragraph (4)--
       (i) in the matter preceding subparagraph (A) by striking 
     ``2015'' and inserting ``2017''; and
       (ii) by amending subparagraph (A) to read as follows:
       ``(A) submit to the Congress a proposal for such closure, 
     cessation, or reduction in operations along with the budget 
     of the President submitted to Congress under section 1105(a) 
     of title 31 that includes--
       ``(i) a discussion of the determination made by the 
     Secretary pursuant to paragraph (2); and
       ``(ii) a report summarizing the public comments received by 
     the Secretary under paragraph (3)''; and
       (C) by adding at the end the following:
       ``(5) Congressional review.--The Secretary may not close, 
     cease operations, or significantly reduce personnel and use 
     of a Coast Guard air facility for which a written notice is 
     provided under paragraph (4)(A) until a period of 18 months 
     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.

[[Page S6990]]

``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
       ``(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

[[Page S6991]]

       ``(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 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

[[Page S6992]]

       ``(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, 70004, and 70011 may not be delegated 
     with respect to the Saint Lawrence Seaway to any agency other 
     than the Saint Lawrence Seaway Development Corporation. Any 
     other authority granted the Secretary under subchapters A 
     through C and this subchapter shall be delegated by the 
     Secretary to the Saint Lawrence Seaway Development 
     Corporation to the extent the Secretary determines such 
     delegation is necessary for the proper operation of the Saint 
     Lawrence Seaway.

     ``Sec. 70033. 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.
       ``(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--

[[Page S6993]]

       ``(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 to 
     section 70116 of that title.
       (2) Definitions, administration, and enforcement.--Section 
     70116 of title 46, United States Code, as amended by 
     paragraph (1) of this subsection, is amended by adding at the 
     end the following:
       ``(c) Definitions, Administration, and Enforcement.--This 
     section shall be treated as part of chapter 700 for purposes 
     of sections 70031, 70032, 70034, 70035, and 70036.''.
       (3) Clerical amendment.--The analysis at the beginning of 
     chapter 701 of such title 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--
       (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:

[[Page S6994]]

 ``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(51).''.

     SEC. 503. ENGINE CUT-OFF SWITCH REQUIREMENTS.

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

     ``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
       ``(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

[[Page S6995]]

       ``(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, 2020, the 
     Secretary of the department in which the Coast Guard is 
     operating shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the status of the development of the 
     alternate safety compliance program directed by section 4503a 
     of title 46, United States Code, as redesignated by 
     subsection (c).
       (2) Contents.--The report required under paragraph (1) 
     shall include discussion of--
       (A) steps taken in the rulemaking process to establish the 
     alternate safety compliance program;
       (B) communication and collaboration between the Coast 
     Guard, the department in which the Coast Guard is operating, 
     and the commercial fishing vessel industry regarding the 
     development of the alternate safety compliance program;
       (C) consideration given to developing alternate safety 
     compliance programs for specific regions and fisheries, as 
     authorized in section 4503a(c) of such title, as redesignated 
     by subsection (c);
       (D) any identified legislative changes necessary to 
     implement an effective alternate safety compliance program; 
     and
       (E) the timeline and planned actions that will be taken to 
     implement regulations necessary to fully establish an 
     alternate safety compliance program before January 1, 2020.

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

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

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

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

     SEC. 511. CLARIFICATION OF LOGBOOK ENTRIES.

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

[[Page S6996]]

     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. 512. CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL 
                   VESSELS.

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

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

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

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

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

     SEC. 513. NUMBERING FOR UNDOCUMENTED BARGES.

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

     SEC. 514. BACKUP NATIONAL TIMING SYSTEM.

       (a) Short Title.--This section may be cited as the 
     ``National Timing Resilience and Security Act of 2018''.
       (b) In General.--Chapter 30 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 312. Alternative timing system

       ``(a) In General.--Subject to the availability of 
     appropriations, the Secretary of Transportation shall provide 
     for the establishment, sustainment, and operation of a land-
     based, resilient, and reliable alternative timing system--
       ``(1) to reduce critical dependencies and provide a 
     complement to and backup for the timing component of the 
     Global Positioning System (referred to in this section as 
     `GPS'); and
       ``(2) to ensure the availability of uncorrupted and non-
     degraded timing signals for military and civilian users in 
     the event that GPS timing signals are corrupted, degraded, 
     unreliable, or otherwise unavailable.
       ``(b) Establishment of Requirements.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the National Timing Resilience and Security 
     Act of 2018, the Secretary of Transportation shall establish 
     requirements for the procurement of the system required by 
     subsection (a) as a complement to and backup for the timing 
     component of GPS in accordance with the timing requirements 
     study required by section 1618 of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     130 Stat. 2595).
       ``(2) Requirements.--The Secretary of Transportation shall 
     ensure, to the maximum extent practicable, that the system 
     established under subsection (a) will--
       ``(A) be wireless;
       ``(B) be terrestrial;
       ``(C) provide wide-area coverage;
       ``(D) be synchronized with coordinated universal time;
       ``(E) be resilient and extremely difficult to disrupt or 
     degrade;
       ``(F) be able to penetrate underground and inside 
     buildings;
       ``(G) be capable of deployment to remote locations;
       ``(H) be developed, constructed, and operated incorporating 
     applicable private sector expertise;
       ``(I) work in concert with and complement any other similar 
     positioning, navigation, and timing systems, including 
     enhanced long-range navigation systems and Nationwide 
     Differential GPS systems;
       ``(J) be available for use by Federal and non-Federal 
     government agencies for public purposes at no net cost to the 
     Federal Government within 10 years of initiation of 
     operation;
       ``(K) be capable of adaptation and expansion to provide 
     position and navigation capabilities;
       ``(L) incorporate the recommendations from any GPS back-up 
     demonstration program initiated and completed by the 
     Secretary, in coordination with other Federal agencies, 
     before the date specified in subsection (c)(1); and
       ``(M) incorporate such other elements as the Secretary 
     considers appropriate.
       ``(c) Implementation Plan.--
       ``(1) Plan required.--Not later than 180 days after the 
     date of enactment of the National Timing Resilience and 
     Security Act of 2018, the Secretary of Transportation shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report setting forth the following:
       ``(A) A plan to develop, construct, and operate the system 
     required by subsection (a).
       ``(B) A description and assessment of the advantages of a 
     system to provide a follow-on complementary and backup 
     positioning and navigation capability to the timing component 
     of GPS.
       ``(2) Deadline for commencement of operation.--The system 
     required by subsection (a) shall be in operation by not later 
     than 2 years after the date of enactment of the National 
     Timing Resilience and Security Act of 2018.
       ``(3) Minimum duration of operational capability.--The 
     system required by subsection (a) shall be designed to be 
     fully operational for not less than 20 years.
       ``(d) LORAN Facilities.--
       ``(1) In general.--If the Secretary of Transportation 
     determines that any LORAN infrastructure, including the 
     underlying real property and any spectrum associated with 
     LORAN, in the possession of the Coast Guard is required by 
     the Department of Transportation for the purpose of 
     establishing the system required by subsection (a), the 
     Commandant shall transfer such property, spectrum, and 
     equipment to the Secretary.
       ``(2) CERCLA not affected.--This subsection shall not be 
     construed to limit the application of or otherwise affect 
     section 120(h) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) 
     with respect to the Federal Government facilities described 
     in paragraph (1).
       ``(e) Cooperative Agreement.--
       ``(1) In general.--The Secretary of Transportation may 
     enter into a cooperative agreement (as that term is described 
     in section 6305 of title 31) with an entity upon such terms 
     and conditions as the Secretary of Transportation determines 
     will fulfill the purpose and requirements of this section and 
     be in the public interest.
       ``(2) Requirements.--The cooperative agreement under 
     paragraph (1) shall, at a minimum, require the Secretary of 
     Transportation to--
       ``(A) authorize the entity to sell timing and other 
     services to commercial and non-commercial third parties, 
     subject to any national security requirements determined by 
     the Secretary, in consultation with the Secretary of Defense;
       ``(B) require the entity to develop, construct, and operate 
     at private expense the backup timing system in accordance 
     with this section;
       ``(C) allow the entity to make any investments in 
     technologies necessary over the life of such agreement to 
     meet future requirements for advanced timing resilience and 
     technologies;
       ``(D) require the entity to share 25 percent of the gross 
     proceeds received by the entity from the sale of timing 
     services to third parties with the Secretary for at least 10 
     years after the date upon which the Secretary enters into the 
     cooperative agreement;
       ``(E) require the entity--
       ``(i) to assume all financial risk for the completion and 
     operational capability of the system, after the Secretary 
     provides any LORAN facilities necessary for the system under 
     subsection (d), if required for the alternative timing 
     system; and
       ``(ii) to furnish performance and payment bonds in 
     connection with the system in a reasonable amount as 
     determined by the Secretary; and
       ``(F) require the entity to make any investments in 
     technologies necessary over the life of the agreement to meet 
     future requirements for advanced timing resiliency.
       ``(3) Competition required.--The Secretary shall use 
     competitive procedures similar to those authorized under 
     section 2667 of title 10 in selecting an entity to enter into 
     a cooperative agreement pursuant to this subsection.
       ``(4) Authorization to purchase services.--The Secretary 
     may not purchase timing system services from the entity for 
     use by the Department of Transportation or for provision to 
     other Federal and non-Federal governmental agencies until the 
     system achieves operational status, and then only if the 
     necessary funds for such purchases are provided for in 
     subsequent yearly appropriations acts made available to the 
     Secretary

[[Page S6997]]

     for each and every year in which such purchases are made.
       ``(5) Determination requirement.--The Secretary may not 
     enter into a cooperative agreement under this subsection 
     unless the Secretary determines that the cooperative 
     agreement is in the best financial interest of the Federal 
     Government. The Secretary shall notify the Committee on 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives of such determination not 
     later than 30 days after the date of the determination.
       ``(6) Definition.--In this subsection the term `entity' 
     means a non-Federal entity with the demonstrated technical 
     expertise and requisite administrative and financial 
     resources to meet any terms and conditions established by the 
     Secretary for purposes of this subsection.''.
       (c) Table of Contents.--The table of contents for chapter 3 
     of title 49, United States Code, is amended by adding at the 
     end the following:

``312. Alternative timing system.''.

     SEC. 515. SCIENTIFIC PERSONNEL.

       Section 2101(41) of title 46, United States Code, is 
     amended--
       (1) by inserting ``(A) Subject to subparagraph (B),'' 
     before the text; and
       (2) by adding at the end the following:
       ``(B)(i) Such term includes an individual who is on board 
     an oceanographic research vessel only to--
       ``(I) engage in scientific research;
       ``(II) instruct in oceanography or limnology; or
       ``(III) receive instruction in oceanography or limnology.
       ``(ii) For purposes of clause (i), the age of an individual 
     may not be considered in determining whether the individual 
     is described in such clause.''.

     SEC. 516. TRANSPARENCY.

       (a) 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 K--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 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,

[[Page S6998]]

     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.
       ``(3) Representation.--Members of the Committee shall be 
     appointed as follows:
       ``(A) 7 members shall represent the barge and towing 
     industry, reflecting a regional geographic balance.
       ``(B) 1 member shall represent the offshore mineral and oil 
     supply vessel industry.
       ``(C) 1 member shall represent masters and pilots of towing 
     vessels who hold active licenses and have experience on the 
     Western Rivers and the Gulf Intracoastal Waterway.

[[Page S6999]]

       ``(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, 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

[[Page S7000]]

     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, including 
     on enhancing the sharing of information related to 
     cybersecurity risks that may cause a transportation security 
     incident, between relevant Federal agencies and--
       ``(A) State, local, and tribal governments;
       ``(B) relevant public safety and emergency response 
     agencies;
       ``(C) relevant law enforcement and security organizations;
       ``(D) maritime industry;
       ``(E) port owners and operators; and
       ``(F) terminal owners and operators.
       ``(3) Membership.--
       ``(A) In general.--The Committee shall consist of at least 
     8 members, but not more than 21 members, appointed by the 
     Secretary in accordance with this subsection and section 
     15109 of this title.
       ``(B) Expertise.--Each member of the Committee shall have 
     particular expertise, knowledge, and experience in matters 
     relating to the function of the Committee.
       ``(C) Representation.--Each of the following shall be 
     represented by at least 1 member of the Committee:
       ``(i) Port authorities.
       ``(ii) Facilities owners and operators.
       ``(iii) Terminal owners and operators.
       ``(iv) Vessel owners and operators.
       ``(v) Maritime labor organizations.
       ``(vi) The academic community.
       ``(vii) State and local governments.
       ``(viii) The maritime industry.
       ``(D) Distribution.--If the Committee consists of at least 
     8 members who, together, satisfy the minimum representation 
     requirements of subparagraph (C), the Secretary shall, based 
     on the needs of the Coast Guard, determine the number of 
     additional members of the Committee who represent each entity 
     specified in that subparagraph. Neither this subparagraph nor 
     any other provision of law shall be construed to require an 
     equal distribution of members representing each entity 
     specified in subparagraph (C).
       ``(4) Administration.--For purposes of section 15109 of 
     this title, the Committee shall be treated as a committee 
     established under chapter 151 of such title.
       ``(b) Area Maritime Security Advisory Committees.--
       ``(1) In general.--
       ``(A) Establishment.--The Secretary may--
       ``(i) establish an Area Maritime Security Advisory 
     Committee for any port area of the United States; and
       ``(ii) request such a committee to review the proposed Area 
     Maritime Transportation Security Plan 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

[[Page S7001]]

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

                 TITLE VII--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,''.

[[Page S7002]]

  


     SEC. 710. INJUNCTIVE RELIEF SOUGHT BY THE COMMISSION.

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

[[Page S7003]]

  


     SEC. 805. COAST GUARD ROTC PROGRAM.

       Not later than 1 year after the date of enactment of this 
     Act, the Commandant of the Coast Guard shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the costs and 
     benefits of creating a Coast Guard Reserve Officers' Training 
     Corps Program based on the other Armed Forces programs.

     SEC. 806. 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.

[[Page S7004]]

       (c) Report to Congress.--Not later than 1 year after 
     entering into an arrangement with the Secretary under 
     subsection (a), the National Academy of Sciences shall submit 
     the assessment prepared under this section to the Committees 
     on Transportation and Infrastructure and Homeland Security of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate.
       (d) Use of Information.--In formulating costs pursuant to 
     subsection (b), the National Academy of Sciences may utilize 
     information from other Coast Guard reports, assessments, or 
     analyses regarding existing Coast Guard manpower requirements 
     or other reports, assessments, or analyses for the 
     acquisition of unmanned, autonomous, or remotely controlled 
     technologies by the Federal Government.

     SEC. 813. MONITORING.

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

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

       (a) In General.--Subject to the availability of amounts 
     specifically provided in advance in subsequent appropriations 
     Acts and in accordance with this section, the Commandant of 
     the Coast Guard may reimburse a non-Federal entity for costs 
     incurred by the entity for a covered project.
       (b) Conditions.--The Commandant may not provide 
     reimbursement under subsection (a) with respect to a covered 
     project unless--
       (1) the need for the project is a result of the completion 
     of construction with respect to a federally authorized 
     navigation channel;
       (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

[[Page S7005]]

     away from its homeport for maintenance or repair; and
       (2) a report analyzing cost and performance for different 
     approaches to achieving varied levels of operational 
     employment using the standard method required by paragraph 
     (1) that, at a minimum--
       (A) compares over a 30-year period the average annualized 
     baseline cost and performances for a certified National 
     Security Cutter that operated for 185 days away from homeport 
     or an equivalent alternative measure of operational tempo--
       (i) against the cost of a 15 percent increase in days away 
     from homeport or an equivalent alternative measure of 
     operational tempo for a National Security Cutter; and
       (ii) against the cost of the acquisition and operation of 
     an additional National Security Cutter; and
       (B) examines the optimal level of operational employment of 
     National Security Cutters to balance National Security Cutter 
     cost and mission performance.
       (b) Conforming Amendments.--
       (1) Section 221(b) of the Coast Guard and Maritime 
     Transportation Act of 2012 (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 and the Committee on Armed 
     Services of the Senate and the Committee on Transportation 
     and Infrastructure and the Committee on Armed Services of the 
     House of Representatives a detailed report describing a plan 
     to extend the service life of the Coast Guard Cutter Polar 
     Star (WAGB-10) until at least December 31, 2025, through an 
     enhanced maintenance program.
       (3) Content.--The report required by paragraph (2) shall 
     include the following:
       (A) An assessment and discussion of the enhanced 
     maintenance program recommended by the National Academies of 
     Sciences, Engineering, and Medicine's Committee on Polar 
     Icebreaker Cost Assessment in the letter report ``Acquisition 
     and Operation of Polar Icebreakers: Fulfilling the Nation's 
     Needs''.
       (B) An assessment and discussion of the Government 
     Accountability Office's concerns and recommendations 
     regarding service life extension work on Coast Guard Cutter 
     Polar Star (WAGB-10) in the report ``Status of the Coast 
     Guard's Polar Icebreaking Fleet Capability and 
     Recapitalization Plan''.
       (C) Based upon a materiel condition assessment of the Coast 
     Guard Cutter Polar Star (WAGB-10)--
       (i) a description of the service life extension needs of 
     the vessel;
       (ii) detailed information regarding planned shipyard work 
     for each fiscal year to meet such needs; and
       (iii) an estimate of the amount needed to be appropriated 
     to complete the enhanced maintenance program.
       (D) A plan to ensure the vessel will maintain seasonally 
     operational status during the enhanced maintenance program.
       (4) Authorization of appropriations.--The Commandant of the 
     Coast Guard may use funds made available pursuant to section 
     4902 of title 14, United States Code, as amended by section 
     202 of this Act, for the enhanced maintenance program 
     described in the report required by subsection (a).
       (b) Coast Guard and Maritime Transportation Act of 2012; 
     Amendment.--Section 222 of the Coast Guard and Maritime 
     Transportation Act of 2012 (Public Law 112-213), as amended, 
     is further amended as follows:
       (1) by striking subsections (a) through (d);
       (2) by redesignating subsections (e) through (g) as 
     subsections (a) through (c), respectively;
       (3) in subsection (a), as redesignated--
       (A) in the matter preceding paragraph (1), by striking 
     ``Except as provided in subsection (c), the Commandant'' and 
     inserting ``The Commandant'';
       (B) in paragraph (1) by striking ``Polar Sea or'';
       (C) in paragraph (2) by striking ``either of the vessels'' 
     and inserting ``the Polar Star or the Polar Sea''; and
       (D) in paragraph (3) by striking ``either of the vessels'' 
     each place it appears and inserting ``the Polar Star''.

     SEC. 822. STRATEGIC ASSETS IN THE ARCTIC.

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

[[Page S7006]]

       (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 using the response resources identified 
     in the plan in the area covered by the Captain of the Port 
     Zone that includes the Arctic; and
       (B) allow such oil spill removal organization to take 
     credit for a response to an actual spill or release in the 
     area covered by such Captain of the Port Zone, instead of 
     conducting an exercise or drill required under subparagraph 
     (A), if the oil spill removal organization--
       (i) documents which exercise or drill requirements were met 
     during the response; and
       (ii) submits a request for credit to, and receives approval 
     from, the Commandant.
       (b) Report.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a 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 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

[[Page S7007]]

     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. ATLANTIC COAST PORT ACCESS ROUTE STUDY 
                   RECOMMENDATIONS.

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

     SEC. 832. DRAWBRIDGES.

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

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

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

     SEC. 833. WAIVER.

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

     SEC. 834. FIRE-RETARDANT MATERIALS.

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

     ``Sec. 3503. Fire-retardant materials

       ``(a)(1) A passenger vessel of the United States having 
     berth or stateroom accommodations for at least 50 passengers 
     shall be granted a certificate of inspection only if--
       ``(A) the vessel is constructed of fire-retardant 
     materials; and
       ``(B) the vessel--
       ``(i) is operating engines, boilers, main electrical 
     distribution panels, fuel tanks, oil tanks, and generators 
     that meet current Coast Guard regulations; and
       ``(ii) is operating boilers and main electrical generators 
     that are contained within noncombustible enclosures equipped 
     with fire suppression systems.
       ``(2) Before December 1, 2028, this subsection does not 
     apply to any vessel in operation before January 1, 1968, and 
     operating only within the Boundary Line.
       ``(b)(1) The owner or managing operator of an exempted 
     vessel described in subsection (a)(2) shall--
       ``(A) notify in writing prospective passengers, prior to 
     purchase, and each crew member that the vessel does not 
     comply with applicable fire safety standards due primarily to 
     the wooden construction of passenger berthing areas;
       ``(B) display in clearly legible font prominently 
     throughout the vessel, including in each state room the 
     following: `THIS VESSEL FAILS TO COMPLY WITH SAFETY RULES AND 
     REGULATIONS OF THE U.S. COAST GUARD.';
       ``(C) acquire prior to the vessel entering service, and 
     maintain, liability insurance in an amount to be prescribed 
     by the Federal Maritime Commission;
       ``(D) make annual structural alteration to not less than 10 
     percent of the areas of the vessel that are not constructed 
     of fire retardant materials;
       ``(E) prioritize alterations in galleys, engineering areas 
     of the vessel, including all spaces and compartments 
     containing, or adjacent to spaces and compartments 
     containing, engines, boilers, main electrical distribution 
     panels, fuel tanks, oil tanks, and generators;
       ``(F) ensure, to the satisfaction of the Secretary, that 
     the combustible fire-load has been reduced pursuant to 
     subparagraph (D)

[[Page S7008]]

     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. 835. VESSEL WAIVER.

       (a) In General.--Upon the date of enactment of this Act and 
     notwithstanding sections 12112(a)(2)(A) and 12113(a)(2) of 
     title 46, United States Code, the Secretary shall issue a 
     certificate of documentation with coastwise and fishery 
     endorsements to the certificated vessel.
       (b) Replacement Vessel.--The certificated vessel shall 
     qualify as a replacement vessel for the vessel ``AMERICA 
     NO.1'' (United States official number 610654) and not be 
     precluded from operating as an Amendment 80 replacement 
     vessel under the provisions of part 679 of title 50, Code of 
     Federal Regulations.
       (c) Coast Guard Review and Determination.--
       (1) Review.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall conduct a review 
     of the use of certain foreign fabricated steel components in 
     the hull or superstructure of the certificated vessel.
       (2) Determination.--Based on the review conducted under 
     paragraph (1), the Secretary shall determine whether the 
     shipyard that constructed the certificated vessel or the 
     purchaser of the certificated vessel knew before such 
     components were procured or installed that the use of such 
     components would violate requirements under sections 
     12112(a)(2)(A) and 12113(a)(2) of title 46, United States 
     Code.
       (3) Revocation.--If the Secretary determines under 
     paragraph (2) that the shipyard that constructed the 
     certificated vessel or the purchaser of the certificated 
     vessel knew before such components were procured or installed 
     that the use of such components would violate requirements 
     under sections 12112(a)(2)(A) and 12113(a)(2) of title 46, 
     United States Code, the Secretary shall immediately revoke 
     the certificate of documentation issued under subsection (a).
       (4) Use of documents.--In conducting the review required 
     under paragraph (1), the Secretary may request and review any 
     information, correspondence, or documents related to the 
     construction of the certificated vessel, including from the 
     shipyard that constructed the certificated vessel and the 
     purchaser of the certificated vessel.
       (d) Termination.--If the contract for purchase of the 
     certificated vessel that is in effect on the date of 
     enactment of this Act is terminated, the purchasing party to 
     that contract shall be prohibited from entering into a 
     subsequent contract or agreement for purchase of such vessel.
       (e) Definitions.--In this section:
       (1) Certificated vessel.--The term ``certificated vessel'' 
     means the vessel America's Finest (United States official 
     number 1276760).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating, 
     acting through the Commandant of the Coast Guard.

     SEC. 836. TEMPORARY LIMITATIONS.

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

     SEC. 837. 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. 838. EMERGENCY RESPONSE.

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

     SEC. 839. DRAWBRIDGES CONSULTATION.

       (a) Consultation.--In addition and subsequent to any 
     rulemaking conducted under section 117.8 of title 33, Code of 
     Federal Regulations, related to permanent changes to 
     drawbridge openings that result from Amtrak service between 
     New Orleans, Louisiana and Orlando, Florida, the Commandant 
     shall consult with owners or operators of rail lines used for 
     Amtrak passenger service between New Orleans, Louisiana and 
     Orlando, Florida and affected waterway users on changes to 
     drawbridge operating schedules necessary to facilitate the On 
     Time Performance of passenger trains. These changes to 
     schedules

[[Page S7009]]

     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 of 2018''.

     SEC. 902. PURPOSES; FINDINGS.

       (a) Purposes.--The purposes of this title are--
       (1) to provide for the establishment of uniform, 
     environmentally sound standards and requirements for the 
     management of discharges incidental to the normal operation 
     of a vessel;
       (2) to charge the Environmental Protection Agency with 
     primary responsibility for establishing standards relating to 
     the discharge of pollutants from vessels;
       (3) to charge the Coast Guard with primary responsibility 
     for prescribing, administering, and enforcing regulations, 
     consistent with the discharge standards established by the 
     Environmental Protection Agency, for the design, 
     construction, installation, and operation of the equipment 
     and management practices required onboard vessels; and
       (4) to preserve the flexibility of States, political 
     subdivisions, and certain regions with respect to the 
     administration and enforcement of standards relating to the 
     discharge of pollutants from vessels engaged in maritime 
     commerce and transportation.
       (b) Findings.--Congress finds that--
       (1) the Environmental Protection Agency is the principal 
     Federal authority charged under the Federal Water Pollution 
     Control Act (33 U.S.C. 1251 et seq.) with regulating through 
     the issuance of permits for the discharge of pollutants into 
     the navigable waters of the United States;
       (2) the Coast Guard is the principal Federal authority 
     charged with administering, enforcing, and prescribing 
     regulations relating to the discharge of pollutants from 
     vessels; and
       (3) during the period of 1973 to 2010--
       (A) the Environmental Protection Agency promulgated 
     regulations exempting certain discharges incidental to the 
     normal operation of vessels from otherwise applicable 
     permitting requirements of the Federal Water Pollution 
     Control Act (33 U.S.C. 1251 et seq.); and
       (B) Congress enacted laws on numerous occasions governing 
     the regulation of discharges incidental to the normal 
     operation of vessels, including--
       (i) the Act to Prevent Pollution from Ships (33 U.S.C. 1901 
     et seq.);
       (ii) the Nonindigenous Aquatic Nuisance Prevention and 
     Control Act of 1990 (16 U.S.C. 4701 et seq.);
       (iii) the National Invasive Species Act of 1996 (16 U.S.C. 
     4701 note; Public Law 104-332);
       (iv) section 415 of the Coast Guard Authorization Act of 
     1998 (Public Law 105-383; 112 Stat. 3434) and section 623 of 
     the Coast Guard and Maritime Transportation Act of 2004 (33 
     U.S.C. 1901 note; Public Law 108-293), which established 
     interim and permanent requirements, respectively, for the 
     regulation of vessel discharges of certain bulk cargo 
     residue;
       (v) title XIV of division B of Appendix D of the 
     Consolidated Appropriations Act, 2001 (Public Law 106-554; 
     114 Stat. 2763A-315), which prohibited or limited certain 
     vessel discharges in certain areas of Alaska;
       (vi) section 204 of the Maritime Transportation Security 
     Act of 2002 (33 U.S.C. 1902a), which established requirements 
     for the regulation of vessel discharges of agricultural cargo 
     residue material in the form of hold washings; and
       (vii) title X of the Coast Guard Authorization Act of 2010 
     (33 U.S.C. 3801 et seq.), which provided for the 
     implementation of the International Convention on the Control 
     of Harmful Anti-Fouling Systems on Ships, 2001.

     SEC. 903. STANDARDS FOR DISCHARGES INCIDENTAL TO NORMAL 
                   OPERATION OF VESSELS.

       (a) Uniform National Standards.--
       (1) In general.--Section 312 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1322) is amended by adding at the end 
     the following:
       ``(p) Uniform National Standards for Discharges Incidental 
     to Normal Operation of Vessels.--
       ``(1) Definitions.--In this subsection:
       ``(A) Aquatic nuisance species.--The term `aquatic nuisance 
     species' means a nonindigenous species that threatens--
       ``(i) the diversity or abundance of a native species;
       ``(ii) the ecological stability of--

       ``(I) waters of the United States; or
       ``(II) waters of the contiguous zone; or

       ``(iii) a commercial, agricultural, aquacultural, or 
     recreational activity that is dependent on--

       ``(I) waters of the United States; or
       ``(II) waters of the contiguous zone.

       ``(B) Ballast water.--
       ``(i) In general.--The term `ballast water' means any 
     water, suspended matter, and other materials taken onboard a 
     vessel--

       ``(I) to control or maintain trim, draught, stability, or 
     stresses of the vessel, regardless of the means by which any 
     such water or suspended matter is carried; or
       ``(II) during the cleaning, maintenance, or other operation 
     of a ballast tank or ballast water management system of the 
     vessel.

       ``(ii) Exclusion.--The term `ballast water' does not 
     include any substance that is added to the water described in 
     clause (i) that is directly related to the operation of a 
     properly functioning ballast water management system.
       ``(C) Ballast water discharge standard.--The term `ballast 
     water discharge standard' means--
       ``(i) the numerical ballast water discharge standard 
     established by section 151.1511 or 151.2030 of title 33, Code 
     of Federal Regulations (or successor regulations); or
       ``(ii) if a standard referred to in clause (i) is 
     superseded by a numerical standard of performance under this 
     subsection, that superseding standard.
       ``(D) Ballast water exchange.--The term `ballast water 
     exchange' means the replacement of water in a ballast water 
     tank using 1 of the following methods:
       ``(i) Flow-through exchange, in which ballast water is 
     flushed out by pumping in midocean water at the bottom of the 
     tank if practicable, and continuously overflowing the tank 
     from the top, until 3 full volumes of water have been changed 
     to minimize the number of original organisms remaining in the 
     tank.
       ``(ii) Empty and refill exchange, in which ballast water 
     taken on in ports, estuarine waters, or territorial waters is 
     pumped out until the pump loses suction, after which the 
     ballast tank is refilled with midocean water.
       ``(E) Ballast water management system.--The term `ballast 
     water management system' means any marine pollution control 
     device (including all ballast water treatment equipment, 
     ballast tanks, pipes, pumps, and all associated control and 
     monitoring equipment) that processes ballast water--
       ``(i) to kill, render nonviable, or remove organisms; or
       ``(ii) to avoid the uptake or discharge of organisms.
       ``(F) Best available technology economically achievable.--
     The term `best available technology economically achievable' 
     means--
       ``(i) best available technology economically achievable 
     (within the meaning of section 301(b)(2)(A));
       ``(ii) best available technology (within the meaning of 
     section 304(b)(2)(B)); and
       ``(iii) best available technology, as determined in 
     accordance with section 125.3(d)(3) of title 40, Code of 
     Federal Regulations (or successor regulations).
       ``(G) Best conventional pollutant control technology.--The 
     term `best conventional pollutant control technology' means--
       ``(i) best conventional pollutant control technology 
     (within the meaning of section 301(b)(2)(E));
       ``(ii) best conventional pollutant control technology 
     (within the meaning of section 304(b)(4)); and
       ``(iii) best conventional pollutant control technology, as 
     determined in accordance with section 125.3(d)(2) of title 
     40, Code of Federal Regulations (or successor regulations).
       ``(H) Best management practice.--
       ``(i) In general.--The term `best management practice' 
     means a schedule of activities, prohibitions of practices, 
     maintenance procedures, and other management practices to 
     prevent or reduce the pollution of--

       ``(I) the waters of the United States; or
       ``(II) the waters of the contiguous zone.

       ``(ii) Inclusions.--The term `best management practice' 
     includes any treatment requirement, operating procedure, or 
     practice to control--

       ``(I) vessel runoff;
       ``(II) spillage or leaks;
       ``(III) sludge or waste disposal; or
       ``(IV) drainage from raw material storage.

       ``(I) Best practicable control technology currently 
     available.--The term `best practicable control technology 
     currently available' means--
       ``(i) best practicable control technology currently 
     available (within the meaning of section 301(b)(1)(A));
       ``(ii) best practicable control technology currently 
     available (within the meaning of section 304(b)(1)); and
       ``(iii) best practicable control technology currently 
     available, as determined in accordance with section 
     125.3(d)(1) of title 40, Code of Federal Regulations (or 
     successor regulations).
       ``(J) Captain of the port zone.--The term `Captain of the 
     Port Zone' means a Captain of the Port Zone established by 
     the Secretary pursuant to sections 92, 93, and 633 of title 
     14, United States Code.
       ``(K) Empty ballast tank.--The term `empty ballast tank' 
     means a tank that--
       ``(i) has previously held ballast water that has been 
     drained to the limit of the functional or operational 
     capabilities of the tank (such as loss of suction);

[[Page S7010]]

       ``(ii) is recorded as empty on a vessel log; and
       ``(iii) contains unpumpable residual ballast water and 
     sediment.
       ``(L) Great lakes commission.--The term `Great Lakes 
     Commission' means the Great Lakes Commission established by 
     article IV A of the Great Lakes Compact to which Congress 
     granted consent in the Act of July 24, 1968 (Public Law 90-
     419; 82 Stat. 414).
       ``(M) Great lakes state.--The term `Great Lakes State' 
     means any of the States of--
       ``(i) Illinois;
       ``(ii) Indiana;
       ``(iii) Michigan;
       ``(iv) Minnesota;
       ``(v) New York;
       ``(vi) Ohio;
       ``(vii) Pennsylvania; and
       ``(viii) Wisconsin.
       ``(N) Great lakes system.--The term `Great Lakes System' 
     has the meaning given the term in section 118(a)(3).
       ``(O) Internal waters.--The term `internal waters' has the 
     meaning given the term in section 2.24 of title 33, Code of 
     Federal Regulations (or a successor regulation).
       ``(P) Marine pollution control device.--The term `marine 
     pollution control device' means any equipment or management 
     practice (or combination of equipment and a management 
     practice), for installation or use onboard a vessel, that 
     is--
       ``(i) designed to receive, retain, treat, control, or 
     discharge a discharge incidental to the normal operation of a 
     vessel; and
       ``(ii) determined by the Administrator and the Secretary to 
     be the most effective equipment or management practice (or 
     combination of equipment and a management practice) to reduce 
     the environmental impacts of the discharge, consistent with 
     the factors for consideration described in paragraphs (4) and 
     (5).
       ``(Q) Nonindigenous species.--The term `nonindigenous 
     species' means an organism of a species that enters an 
     ecosystem beyond the historic range of the species.
       ``(R) Organism.--The term `organism' includes--
       ``(i) an animal, including fish and fish eggs and larvae;
       ``(ii) a plant;
       ``(iii) a pathogen;
       ``(iv) a microbe;
       ``(v) a virus;
       ``(vi) a prokaryote (including any archean or bacterium);
       ``(vii) a fungus; and
       ``(viii) a protist.
       ``(S) Pacific region.--
       ``(i) In general.--The term `Pacific Region' means any 
     Federal or State water--

       ``(I) adjacent to the State of Alaska, California, Hawaii, 
     Oregon, or Washington; and
       ``(II) extending from shore.

       ``(ii) Inclusion.--The term `Pacific Region' includes the 
     entire exclusive economic zone (as defined in section 1001 of 
     the Oil Pollution Act of 1990 (33 U.S.C. 2701)) adjacent to 
     each State described in clause (i)(I).
       ``(T) Port or place of destination.--The term `port or 
     place of destination' means a port or place to which a vessel 
     is bound to anchor or moor.
       ``(U) Render nonviable.--The term `render nonviable', with 
     respect to an organism in ballast water, means the action of 
     a ballast water management system that renders the organism 
     permanently incapable of reproduction following treatment.
       ``(V) Saltwater flush.--
       ``(i) In general.--The term `saltwater flush' means--

       ``(I)(aa) the addition of as much midocean water into each 
     empty ballast tank of a vessel as is safe for the vessel and 
     crew; and
       ``(bb) the mixing of the flushwater with residual ballast 
     water and sediment through the motion of the vessel; and
       ``(II) the discharge of that mixed water, such that the 
     resultant residual water remaining in the tank--

       ``(aa) has the highest salinity possible; and
       ``(bb) is at least 30 parts per thousand.
       ``(ii) Multiple sequences.--For purposes of clause (i), a 
     saltwater flush may require more than 1 fill-mix-empty 
     sequence, particularly if only small quantities of water can 
     be safely taken onboard a vessel at 1 time.
       ``(W) Secretary.--The term `Secretary' means the Secretary 
     of the department in which the Coast Guard is operating.
       ``(X) Small vessel general permit.--The term `Small Vessel 
     General Permit' means the permit that is the subject of the 
     notice of final permit issuance entitled `Final National 
     Pollutant Discharge Elimination System (NPDES) Small Vessel 
     General Permit for Discharges Incidental to the Normal 
     Operation of Vessels Less Than 79 Feet' (79 Fed. Reg. 53702 
     (September 10, 2014)).
       ``(Y) Small vessel or fishing vessel.--The term `small 
     vessel or fishing vessel' means a vessel that is--
       ``(i) less than 79 feet in length; or
       ``(ii) a fishing vessel, fish processing vessel, or fish 
     tender vessel (as those terms are defined in section 2101 of 
     title 46, United States Code), regardless of the length of 
     the vessel.
       ``(Z) Vessel general permit.--The term `Vessel General 
     Permit' means the permit that is the subject of the notice of 
     final permit issuance entitled `Final National Pollutant 
     Discharge Elimination System (NPDES) General Permit for 
     Discharges Incidental to the Normal Operation of a Vessel' 
     (78 Fed. Reg. 21938 (April 12, 2013)).
       ``(2) Applicability.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     this subsection applies to--
       ``(i) any discharge incidental to the normal operation of a 
     vessel; and
       ``(ii) any discharge incidental to the normal operation of 
     a vessel (such as most graywater) that is commingled with 
     sewage, subject to the conditions that--

       ``(I) nothing in this subsection prevents a State from 
     regulating sewage discharges; and
       ``(II) any such commingled discharge shall comply with all 
     applicable requirements of--

       ``(aa) this subsection; and
       ``(bb) any law applicable to discharges of sewage.
       ``(B) Exclusion.--This subsection does not apply to any 
     discharge incidental to the normal operation of a vessel--
       ``(i) from--

       ``(I) a vessel of the Armed Forces subject to subsection 
     (n);
       ``(II) a recreational vessel subject to subsection (o);
       ``(III) a small vessel or fishing vessel, except that this 
     subsection shall apply to any discharge of ballast water from 
     a small vessel or fishing vessel; or
       ``(IV) a floating craft that is permanently moored to a 
     pier, including a `floating' casino, hotel, restaurant, or 
     bar;

       ``(ii) of ballast water from a vessel--

       ``(I) that continuously takes on and discharges ballast 
     water in a flow-through system, if the Administrator 
     determines that system cannot materially contribute to the 
     spread or introduction of an aquatic nuisance species into 
     waters of the United States;
       ``(II) in the National Defense Reserve Fleet that is 
     scheduled for disposal, if the vessel does not have an 
     operable ballast water management system;
       ``(III) that discharges ballast water consisting solely of 
     water taken onboard from a public or commercial source that, 
     at the time the water is taken onboard, meets the applicable 
     requirements or permit requirements of the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.);
       ``(IV) that carries all permanent ballast water in sealed 
     tanks that are not subject to discharge; or
       ``(V) that only discharges ballast water into a reception 
     facility; or

       ``(iii) that results from, or contains material derived 
     from, an activity other than the normal operation of the 
     vessel, such as material resulting from an industrial or 
     manufacturing process onboard the vessel.
       ``(3) Continuation in effect of existing requirements.--
       ``(A) Vessel general permit.--Notwithstanding the 
     expiration date of the Vessel General Permit or any other 
     provision of law, all provisions of the Vessel General Permit 
     shall remain in force and effect, and shall not be modified, 
     until the applicable date described in subparagraph (C).
       ``(B) Nonindigenous aquatic nuisance prevention and control 
     act regulations.--Notwithstanding section 903(a)(2)(A) of the 
     Vessel Incidental Discharge Act of 2018, all regulations 
     promulgated by the Secretary pursuant to section 1101 of the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4711) (as in effect on the day before the 
     date of enactment of this subsection), including the 
     regulations contained in subparts C and D of part 151 of 
     title 33, Code of Federal Regulations, and subpart 162.060 of 
     part 162 of title 46, Code of Federal Regulations (as in 
     effect on the day before that date of enactment), shall 
     remain in force and effect until the applicable date 
     described in subparagraph (C).
       ``(C) Repeal on existence of final, effective, and 
     enforceable requirements.--Effective beginning on the date on 
     which the requirements promulgated by the Secretary under 
     subparagraphs (A), (B), and (C) of paragraph (5) with respect 
     to every discharge incidental to the normal operation of a 
     vessel that is subject to regulation under this subsection 
     are final, effective, and enforceable, the requirements of 
     the Vessel General Permit and the regulations described in 
     subparagraph (B) shall have no force or effect.
       ``(4) National standards of performance for marine 
     pollution control devices and water quality orders.--
       ``(A) Establishment.--
       ``(i) In general.--Not later than 2 years after the date of 
     enactment of this subsection, the Administrator, in 
     concurrence with the Secretary (subject to clause (ii)), and 
     in consultation with interested Governors (subject to clause 
     (iii)), shall promulgate Federal standards of performance for 
     marine pollution control devices for each type of discharge 
     incidental to the normal operation of a vessel that is 
     subject to regulation under this subsection.
       ``(ii) Concurrence with secretary.--

       ``(I) Request.--The Administrator shall submit to the 
     Secretary a request for written concurrence with respect to a 
     proposed standard of performance under clause (i).
       ``(II) Effect of failure to concur.--A failure by the 
     Secretary to concur with the Administrator under clause (i) 
     by the date that is 60 days after the date on which the 
     Administrator submits a request for concurrence under 
     subclause (I) shall not prevent the Administrator from 
     promulgating the relevant standard of performance in 
     accordance with the deadline under clause (i), subject to the 
     condition that the Administrator shall include in the 
     administrative record of the promulgation--

[[Page S7011]]

       ``(aa) documentation of the request submitted under 
     subclause (I); and
       ``(bb) the response of the Administrator to any written 
     objections received from the Secretary relating to the 
     proposed standard of performance during the 60-day period 
     beginning on the date of submission of the request.
       ``(iii) Consultation with governors.--

       ``(I) In general.--The Administrator, in promulgating a 
     standard of performance under clause (i), shall develop the 
     standard of performance--

       ``(aa) in consultation with interested Governors; and
       ``(bb) in accordance with the deadlines under that clause.

       ``(II) Process.--The Administrator shall develop a process 
     for soliciting input from interested Governors, including 
     information sharing relevant to such process, to allow 
     interested Governors to inform the development of standards 
     of performance under clause (i).
       ``(III) Objection by governors.--

       ``(aa) Submission.--An interested Governor that objects to 
     a proposed standard of performance under clause (i) may 
     submit to the Administrator in writing a detailed objection 
     to the proposed standard of performance, describing the 
     scientific, technical, or operational factors that form the 
     basis of the objection.
       ``(bb) Response.--Before finalizing a standard of 
     performance under clause (i) that is subject to an objection 
     under item (aa) from 1 or more interested Governors, the 
     Administrator shall provide a written response to each 
     interested Governor that submitted an objection under that 
     item that details the scientific, technical, or operational 
     factors that form the basis for that standard of performance.
       ``(cc) Judicial review.--A response of the Administrator 
     under item (bb) shall not be subject to judicial review.
       ``(iv) Procedure.--The Administrator shall promulgate the 
     standards of performance under this subparagraph in 
     accordance with--

       ``(I) this paragraph; and
       ``(II) section 553 of title 5, United States Code.

       ``(B) Stringency.--
       ``(i) In general.--Subject to clause (iii), the standards 
     of performance promulgated under this paragraph shall 
     require--

       ``(I) with respect to conventional pollutants, toxic 
     pollutants, and nonconventional pollutants (including aquatic 
     nuisance species), the application of the best practicable 
     control technology currently available;
       ``(II) with respect to conventional pollutants, the 
     application of the best conventional pollutant control 
     technology; and
       ``(III) with respect to toxic pollutants and 
     nonconventional pollutants (including aquatic nuisance 
     species), the application of the best available technology 
     economically achievable for categories and classes of 
     vessels, which shall result in reasonable progress toward the 
     national goal of eliminating discharges of all pollutants.

       ``(ii) Best management practices.--The Administrator shall 
     require the use of best management practices to control or 
     abate any discharge incidental to the normal operation of a 
     vessel if--

       ``(I) numeric standards of performance are infeasible under 
     clause (i); or
       ``(II) the best management practices are reasonably 
     necessary--

       ``(aa) to achieve the standards of performance; or
       ``(bb) to carry out the purpose and intent of this 
     subsection.
       ``(iii) Minimum requirements.--Subject to subparagraph 
     (D)(ii)(II), the combination of any equipment or best 
     management practice comprising a marine pollution control 
     device shall not be less stringent than the following 
     provisions of the Vessel General Permit:

       ``(I) All requirements contained in parts 2.1 and 2.2 
     (relating to effluent limits and related requirements), 
     including with respect to waters subject to Federal 
     protection, in whole or in part, for conservation purposes.
       ``(II) All requirements contained in part 5 (relating to 
     vessel class-specific requirements) that concern effluent 
     limits and authorized discharges (within the meaning of that 
     part), including with respect to waters subject to Federal 
     protection, in whole or in part, for conservation purposes.

       ``(C) Classes, types, and sizes of vessels.--The standards 
     promulgated under this paragraph may distinguish--
       ``(i) among classes, types, and sizes of vessels; and
       ``(ii) between new vessels and existing vessels.
       ``(D) Review and revision.--
       ``(i) In general.--Not less frequently than once every 5 
     years, the Administrator, in consultation with the Secretary, 
     shall--

       ``(I) review the standards of performance in effect under 
     this paragraph; and
       ``(II) if appropriate, revise those standards of 
     performance--

       ``(aa) in accordance with subparagraphs (A) through (C); 
     and
       ``(bb) as necessary to establish requirements for any 
     discharge that is subject to regulation under this 
     subsection.
       ``(ii) Maintaining protectiveness.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Administrator shall not revise a standard of performance 
     under this subsection to be less stringent than an applicable 
     existing requirement.
       ``(II) Exceptions.--The Administrator may revise a standard 
     of performance to be less stringent than an applicable 
     existing requirement--

       ``(aa) if information becomes available that--
       ``(AA) was not reasonably available when the Administrator 
     promulgated the initial standard of performance or comparable 
     requirement of the Vessel General Permit, as applicable 
     (including the subsequent scarcity or unavailability of 
     materials used to control the relevant discharge); and
       ``(BB) would have justified the application of a less-
     stringent standard of performance at the time of 
     promulgation; or
       ``(bb) if the Administrator determines that a material 
     technical mistake or misinterpretation of law occurred when 
     promulgating the existing standard of performance or 
     comparable requirement of the Vessel General Permit, as 
     applicable.
       ``(E) Best management practices for aquatic nuisance 
     species emergencies and further protection of water 
     quality.--
       ``(i) In general.--Notwithstanding any other provision of 
     this subsection, the Administrator, in concurrence with the 
     Secretary (subject to clause (ii)), and in consultation with 
     States, may require, by order, the use of an emergency best 
     management practice for any region or category of vessels in 
     any case in which the Administrator determines that such a 
     best management practice--

       ``(I) is necessary to reduce the reasonably foreseeable 
     risk of introduction or establishment of an aquatic nuisance 
     species; or
       ``(II) will mitigate the adverse effects of a discharge 
     that contributes to a violation of a water quality 
     requirement under section 303, other than a requirement based 
     on the presence of an aquatic nuisance species.

       ``(ii) Concurrence with secretary.--

       ``(I) Request.--The Administrator shall submit to the 
     Secretary a request for written concurrence with respect to 
     an order under clause (i).
       ``(II) Effect of failure to concur.--A failure by the 
     Secretary to concur with the Administrator under clause (i) 
     by the date that is 60 days after the date on which the 
     Administrator submits a request for concurrence under 
     subclause (I) shall not prevent the Administrator from 
     issuing the relevant order, subject to the condition that the 
     Administrator shall include in the administrative record of 
     the issuance--

       ``(aa) documentation of the request submitted under 
     subclause (I); and
       ``(bb) the response of the Administrator to any written 
     objections received from the Secretary relating to the 
     proposed order during the 60-day period beginning on the date 
     of submission of the request.
       ``(iii) Duration.--An order issued by the Administrator 
     under clause (i) shall expire not later than the date that is 
     4 years after the date of issuance.
       ``(iv) Extensions.--The Administrator may reissue an order 
     under clause (i) for such subsequent periods of not longer 
     than 4 years as the Administrator determines to be 
     appropriate.
       ``(5) Implementation, compliance, and enforcement 
     requirements.--
       ``(A) Establishment.--
       ``(i) In general.--As soon as practicable, but not later 
     than 2 years, after the date on which the Administrator 
     promulgates any new or revised standard of performance under 
     paragraph (4) with respect to a discharge, the Secretary, in 
     consultation with States, shall promulgate the regulations 
     required under this paragraph with respect to that discharge.
       ``(ii) Minimum requirements.--Subject to subparagraph 
     (C)(ii)(II), the regulations promulgated under this paragraph 
     shall not be less stringent with respect to ensuring, 
     monitoring, and enforcing compliance than--

       ``(I) the requirements contained in part 3 of the Vessel 
     General Permit (relating to corrective actions);
       ``(II) the requirements contained in part 4 of the Vessel 
     General Permit (relating to inspections, monitoring, 
     reporting, and recordkeeping), including with respect to 
     waters subject to Federal protection, in whole or in part, 
     for conservation purposes;
       ``(III) the requirements contained in part 5 of the Vessel 
     General Permit (relating to vessel class-specific 
     requirements) regarding monitoring, inspection, and 
     educational and training requirements (within the meaning of 
     that part), including with respect to waters subject to 
     Federal protection, in whole or in part, for conservation 
     purposes; and
       ``(IV) any comparable, existing requirements promulgated 
     under the Nonindigenous Aquatic Nuisance Prevention and 
     Control Act of 1990 (16 U.S.C. 4701 et seq.) (including 
     section 1101 of that Act (16 U.S.C. 4711) (as in effect on 
     the day before the date of enactment of this subsection)) 
     applicable to that discharge.

       ``(iii) Coordination with states.--The Secretary, in 
     coordination with the Governors of the States, shall develop, 
     publish, and periodically update inspection, monitoring, data 
     management, and enforcement procedures for the enforcement by 
     States of Federal standards and requirements under this 
     subsection.
       ``(iv) Effective date.--In determining the effective date 
     of a regulation promulgated under this paragraph, the 
     Secretary shall take into consideration the period of time 
     necessary--

       ``(I) to communicate to affected persons the applicability 
     of the regulation; and
       ``(II) for affected persons reasonably to comply with the 
     regulation.

[[Page S7012]]

       ``(v) Procedure.--The Secretary shall promulgate the 
     regulations under this subparagraph in accordance with--

       ``(I) this paragraph; and
       ``(II) section 553 of title 5, United States Code.

       ``(B) Implementation regulations for marine pollution 
     control devices.--The Secretary shall promulgate such 
     regulations governing the design, construction, testing, 
     approval, installation, and use of marine pollution control 
     devices as are necessary to ensure compliance with the 
     standards of performance promulgated under paragraph (4).
       ``(C) Compliance assurance.--
       ``(i) In general.--The Secretary shall promulgate 
     requirements (including requirements for vessel owners and 
     operators with respect to inspections, monitoring, reporting, 
     sampling, and recordkeeping) to ensure, monitor, and enforce 
     compliance with--

       ``(I) the standards of performance promulgated by the 
     Administrator under paragraph (4); and
       ``(II) the implementation regulations promulgated by the 
     Secretary under subparagraph (B).

       ``(ii) Maintaining protectiveness.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary shall not revise a requirement under this 
     subparagraph or subparagraph (B) to be less stringent with 
     respect to ensuring, monitoring, or enforcing compliance than 
     an applicable existing requirement.
       ``(II) Exceptions.--The Secretary may revise a requirement 
     under this subparagraph or subparagraph (B) to be less 
     stringent than an applicable existing requirement--

       ``(aa) in accordance with this subparagraph or subparagraph 
     (B), as applicable;
       ``(bb) if information becomes available that--
       ``(AA) the Administrator determines was not reasonably 
     available when the Administrator promulgated the existing 
     requirement of the Vessel General Permit, or that the 
     Secretary determines was not reasonably available when the 
     Secretary promulgated the existing requirement under the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4701 et seq.) or the applicable existing 
     requirement under this subparagraph, as applicable (including 
     subsequent scarcity or unavailability of materials used to 
     control the relevant discharge); and
       ``(BB) would have justified the application of a less-
     stringent requirement at the time of promulgation; or
       ``(cc) if the Administrator determines that a material 
     technical mistake or misinterpretation of law occurred when 
     promulgating an existing requirement of the Vessel General 
     Permit, or if the Secretary determines that a material 
     mistake or misinterpretation of law occurred when 
     promulgating an existing requirement under the Nonindigenous 
     Aquatic Nuisance Prevention and Control Act of 1990 (16 
     U.S.C. 4701 et seq.) or this subsection.
       ``(D) Data availability.--Beginning not later than 1 year 
     after the date of enactment of this subsection, the Secretary 
     shall provide to the Governor of a State, on request by the 
     Governor, access to Automated Identification System arrival 
     data for inbound vessels to specific ports or places of 
     destination in the State.
       ``(6) Additional provisions regarding ballast water.--
       ``(A) In general.--In addition to the other applicable 
     requirements of this subsection, the requirements of this 
     paragraph shall apply with respect to any discharge 
     incidental to the normal operation of a vessel that is a 
     discharge of ballast water.
       ``(B) Empty ballast tanks.--
       ``(i) Requirements.--Except as provided in clause (ii), the 
     owner or operator of a vessel with empty ballast tanks bound 
     for a port or place of destination subject to the 
     jurisdiction of the United States shall, prior to arriving at 
     that port or place of destination, conduct a ballast water 
     exchange or saltwater flush--

       ``(I) not less than 200 nautical miles from any shore for a 
     voyage originating outside the United States or Canadian 
     exclusive economic zone; or
       ``(II) not less than 50 nautical miles from any shore for a 
     voyage originating within the United States or Canadian 
     exclusive economic zone.

       ``(ii) Exceptions.--Clause (i) shall not apply--

       ``(I) if the unpumpable residual waters and sediments of an 
     empty ballast tank were subject to treatment, in compliance 
     with applicable requirements, through a type-approved ballast 
     water management system approved by the Secretary;
       ``(II) except as otherwise required under this subsection, 
     if the unpumpable residual waters and sediments of an empty 
     ballast tank were sourced within--

       ``(aa) the same port or place of destination; or
       ``(bb) contiguous portions of a single Captain of the Port 
     Zone;

       ``(III) if complying with an applicable requirement of 
     clause (i)--

       ``(aa) would compromise the safety of the vessel; or
       ``(bb) is otherwise prohibited by any Federal, Canadian, or 
     international law (including regulations) pertaining to 
     vessel safety;

       ``(IV) if design limitations of the vessel prevent a 
     ballast water exchange or saltwater flush from being 
     conducted in accordance with clause (i); or
       ``(V) if the vessel is operating exclusively within the 
     internal waters of the United States or Canada.

       ``(C) Period of use of installed ballast water management 
     systems.--
       ``(i) In general.--Except as provided in clause (ii), a 
     vessel shall be deemed to be in compliance with a standard of 
     performance for a marine pollution control device that is a 
     ballast water management system if the ballast water 
     management system--

       ``(I) is maintained in proper working condition, as 
     determined by the Secretary;
       ``(II) is maintained and used in accordance with 
     manufacturer specifications;
       ``(III) continues to meet the ballast water discharge 
     standard applicable to the vessel at the time of 
     installation, as determined by the Secretary; and
       ``(IV) has in effect a valid type-approval certificate 
     issued by the Secretary.

       ``(ii) Limitation.--Clause (i) shall cease to apply with 
     respect to any vessel on, as applicable--

       ``(I) the expiration of the service life, as determined by 
     the Secretary, of--

       ``(aa) the ballast water management system; or
       ``(bb) the vessel;

       ``(II) the completion of a major conversion (as defined in 
     section 2101 of title 46, United States Code) of the vessel; 
     or
       ``(III) a determination by the Secretary that there are 
     other type-approved systems for the vessel or category of 
     vessels, with respect to the use of which the environmental, 
     health, and economic benefits would exceed the costs.

       ``(D) Review of ballast water management system type-
     approval testing methods.--
       ``(i) Definition of live; living.--Notwithstanding any 
     other provision of law (including regulations), for purposes 
     of section 151.1511 of title 33, and part 162 of title 46, 
     Code of Federal Regulations (or successor regulations), the 
     terms `live' and `living' shall not--

       ``(I) include an organism that has been rendered nonviable; 
     or
       ``(II) preclude the consideration of any method of 
     measuring the concentration of organisms in ballast water 
     that are capable of reproduction.

       ``(ii) Draft policy.--Not later than 180 days after the 
     date of enactment of this subsection, the Secretary, in 
     coordination with the Administrator, shall publish a draft 
     policy letter, based on the best available science, 
     describing type-approval testing methods and protocols for 
     ballast water management systems, if any, that--

       ``(I) render nonviable organisms in ballast water; and
       ``(II) may be used in addition to the methods established 
     under subpart 162.060 of title 46, Code of Federal 
     Regulations (or successor regulations)--

       ``(aa) to measure the concentration of organisms in ballast 
     water that are capable of reproduction;
       ``(bb) to certify the performance of each ballast water 
     management system under this subsection; and
       ``(cc) to certify laboratories to evaluate applicable 
     treatment technologies.
       ``(iii) Public comment.--The Secretary shall provide a 
     period of not more than 60 days for public comment regarding 
     the draft policy letter published under clause (ii).
       ``(iv) Final policy.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary, in coordination 
     with the Administrator, shall publish a final policy letter 
     describing type-approval testing methods, if any, for ballast 
     water management systems that render nonviable organisms in 
     ballast water.
       ``(II) Method of evaluation.--The ballast water management 
     systems under subclause (I) shall be evaluated by measuring 
     the concentration of organisms in ballast water that are 
     capable of reproduction based on the best available science 
     that may be used in addition to the methods established under 
     subpart 162.060 of title 46, Code of Federal Regulations (or 
     successor regulations).
       ``(III) Revisions.--The Secretary shall revise the final 
     policy letter under subclause (I) in any case in which the 
     Secretary, in coordination with the Administrator, determines 
     that additional testing methods are capable of measuring the 
     concentration of organisms in ballast water that have not 
     been rendered nonviable.

       ``(v) Factors for consideration.--In developing a policy 
     letter under this subparagraph, the Secretary, in 
     coordination with the Administrator--

       ``(I) shall take into consideration a testing method that 
     uses organism grow-out and most probable number statistical 
     analysis to determine the concentration of organisms in 
     ballast water that are capable of reproduction; and
       ``(II) shall not take into consideration a testing method 
     that relies on a staining method that measures the 
     concentration of--

       ``(aa) organisms greater than or equal to 10 micrometers; 
     and
       ``(bb) organisms less than or equal to 50 micrometers.
       ``(E) Intergovernmental response framework.--
       ``(i) In general.--The Secretary, in consultation with the 
     Administrator and acting in coordination with, or through, 
     the Aquatic Nuisance Species Task Force established by 
     section 1201(a) of the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 4721(a)), shall 
     establish

[[Page S7013]]

     a framework for Federal and intergovernmental response to 
     aquatic nuisance species risks from discharges from vessels 
     subject to ballast water and incidental discharge compliance 
     requirements under this subsection, including the 
     introduction, spread, and establishment of aquatic nuisance 
     species populations.
       ``(ii) Ballast discharge risk response.--The Administrator, 
     in coordination with the Secretary and taking into 
     consideration information from the National Ballast 
     Information Clearinghouse developed under section 1102(f) of 
     the Nonindigenous Aquatic Nuisance Prevention and Control Act 
     of 1990 (16 U.S.C. 4712(f)), shall establish a risk 
     assessment and response framework using ballast water 
     discharge data and aquatic nuisance species monitoring data 
     for the purposes of--

       ``(I) identifying and tracking populations of aquatic 
     invasive species;
       ``(II) evaluating the risk of any aquatic nuisance species 
     population tracked under subclause (I) establishing and 
     spreading in waters of the United States or waters of the 
     contiguous zone; and
       ``(III) establishing emergency best management practices 
     that may be deployed rapidly, in a local or regional manner, 
     to respond to emerging aquatic nuisance species threats.

       ``(7) Petitions by governors for review.--
       ``(A) In general.--The Governor of a State (or a designee) 
     may submit to the Administrator or the Secretary a petition--
       ``(i) to issue an order under paragraph (4)(E); or
       ``(ii) to review any standard of performance, regulation, 
     or policy promulgated under paragraph (4), (5), or (6), 
     respectively, if there exists new information that could 
     reasonably result in a change to--

       ``(I) the standard of performance, regulation, or policy; 
     or
       ``(II) a determination on which the standard of 
     performance, regulation, or policy was based.

       ``(B) Inclusion.--A petition under subparagraph (A) shall 
     include a description of any applicable scientific or 
     technical information that forms the basis of the petition.
       ``(C) Determination.--
       ``(i) Timing.--The Administrator or the Secretary, as 
     applicable, shall grant or deny--

       ``(I) a petition under subparagraph (A)(i) by not later 
     than the date that is 180 days after the date on which the 
     petition is submitted; and
       ``(II) a petition under subparagraph (A)(ii) by not later 
     than the date that is 1 year after the date on which the 
     petition is submitted.

       ``(ii) Effect of grant.--If the Administrator or the 
     Secretary determines under clause (i) to grant a petition--

       ``(I) in the case of a petition under subparagraph (A)(i), 
     the Administrator shall immediately issue the relevant order 
     under paragraph (4)(E); or
       ``(II) in the case of a petition under subparagraph 
     (A)(ii), the Administrator or Secretary shall publish in the 
     Federal Register, by not later than 30 days after the date of 
     that determination, a notice of proposed rulemaking to revise 
     the relevant standard, requirement, regulation, or policy 
     under paragraph (4), (5), or (6), as applicable.

       ``(iii) Notice of denial.--If the Administrator or the 
     Secretary determines under clause (i) to deny a petition, the 
     Administrator or Secretary shall publish in the Federal 
     Register, by not later than 30 days after the date of that 
     determination, a detailed explanation of the scientific, 
     technical, or operational factors that form the basis of the 
     determination.
       ``(iv) Review.--A determination by the Administrator or the 
     Secretary under clause (i) to deny a petition shall be--

       ``(I) considered to be a final agency action; and
       ``(II) subject to judicial review in accordance with 
     section 509, subject to clause (v).

       ``(v) Exceptions.--

       ``(I) Venue.--Notwithstanding section 509(b), a petition 
     for review of a determination by the Administrator or the 
     Secretary under clause (i) to deny a petition submitted by 
     the Governor of a State under subparagraph (A) may be filed 
     in any United States district court of competent 
     jurisdiction.
       ``(II) Deadline for filing.--Notwithstanding section 
     509(b), a petition for review of a determination by the 
     Administrator or the Secretary under clause (i) shall be 
     filed by not later than 180 days after the date on which the 
     justification for the determination is published in the 
     Federal Register under clause (iii).

       ``(8) Prohibition.--
       ``(A) In general.--It shall be unlawful for any person to 
     violate--
       ``(i) a provision of the Vessel General Permit in force and 
     effect under paragraph (3)(A);
       ``(ii) a regulation promulgated pursuant to section 1101 of 
     the Nonindigenous Aquatic Nuisance Prevention and Control Act 
     of 1990 (16 U.S.C. 4711) (as in effect on the day before the 
     date of enactment of this subsection) in force and effect 
     under paragraph (3)(B); or
       ``(iii) an applicable requirement or regulation under this 
     subsection.
       ``(B) Compliance with regulations.--Effective beginning on 
     the effective date of a regulation promulgated under 
     paragraph (4), (5), (6), or (10), as applicable, it shall be 
     unlawful for the owner or operator of a vessel subject to the 
     regulation--
       ``(i) to discharge any discharge incidental to the normal 
     operation of the vessel into waters of the United States or 
     waters of the contiguous zone, except in compliance with the 
     regulation; or
       ``(ii) to operate in waters of the United States or waters 
     of the contiguous zone, if the vessel is not equipped with a 
     required marine pollution control device that complies with 
     the requirements established under this subsection, unless--

       ``(I) the owner or operator of the vessel denotes in an 
     entry in the official logbook of the vessel that the 
     equipment was not operational; and
       ``(II) either--

       ``(aa) the applicable discharge was avoided; or
       ``(bb) an alternate compliance option approved by the 
     Secretary as meeting the applicable standard was employed.
       ``(C) Affirmative defense.--No person shall be found to be 
     in violation of this paragraph if--
       ``(i) the violation was in the interest of ensuring the 
     safety of life at sea, as determined by the Secretary; and
       ``(ii) the applicable emergency circumstance was not the 
     result of negligence or malfeasance on the part of--

       ``(I) the owner or operator of the vessel;
       ``(II) the master of the vessel; or
       ``(III) the person in charge of the vessel.

       ``(D) Treatment.--Each day of continuing violation of an 
     applicable requirement of this subsection shall constitute a 
     separate offense.
       ``(E) In rem liability.--A vessel operated in violation of 
     this subsection is liable in rem for any civil penalty 
     assessed for the violation.
       ``(F) Revocation of clearance.--The Secretary shall 
     withhold or revoke the clearance of a vessel required under 
     section 60105 of title 46, United States Code, if the owner 
     or operator of the vessel is in violation of this subsection.
       ``(9) Effect on other laws.--
       ``(A) State authority.--
       ``(i) In general.--Except as provided in clauses (ii) 
     through (v) and paragraph (10), effective beginning on the 
     date on which the requirements promulgated by the Secretary 
     under subparagraphs (A), (B), and (C) of paragraph (5) with 
     respect to every discharge incidental to the normal operation 
     of a vessel that is subject to regulation under this 
     subsection are final, effective, and enforceable, no State, 
     political subdivision of a State, or interstate agency may 
     adopt or enforce any law, regulation, or other requirement of 
     the State, political subdivision, or interstate agency with 
     respect to any such discharge.
       ``(ii) Identical or lesser state laws.--Clause (i) shall 
     not apply to any law, regulation, or other requirement of a 
     State, political subdivision of a State, or interstate agency 
     in effect on or after the date of enactment of this 
     subsection--

       ``(I) that is identical to a Federal requirement under this 
     subsection applicable to the relevant discharge; or
       ``(II) compliance with which would be achieved concurrently 
     in achieving compliance with a Federal requirement under this 
     subsection applicable to the relevant discharge.

       ``(iii) State enforcement of federal requirements.--A State 
     may enforce any standard of performance or other Federal 
     requirement of this subsection in accordance with subsection 
     (k) or other applicable Federal authority.
       ``(iv) Exception for certain fees.--

       ``(I) In general.--Subject to subclauses (II) and (III), a 
     State that assesses any fee pursuant to any State or Federal 
     law relating to the regulation of a discharge incidental to 
     the normal operation of a vessel before the date of enactment 
     of this subsection may assess or retain a fee to cover the 
     costs of administration, inspection, monitoring, and 
     enforcement activities by the State to achieve compliance 
     with the applicable requirements of this subsection.
       ``(II) Maximum amount.--

       ``(aa) In general.--Except as provided in item (bb), a 
     State may assess a fee for activities under this clause equal 
     to not more than $1,000 against the owner or operator of a 
     vessel that--
       ``(AA) has operated outside of that State; and
       ``(BB) arrives at a port or place of destination in the 
     State (excluding movement entirely within a single port or 
     place of destination).
       ``(bb) Vessels engaged in coastwise trade.--A State may 
     assess against the owner or operator of a vessel registered 
     in accordance with applicable Federal law and lawfully 
     engaged in the coastwise trade not more than $5,000 in fees 
     under this clause per vessel during a calendar year.

       ``(III) Adjustment for inflation.--

       ``(aa) In general.--A State may adjust the amount of a fee 
     authorized under this clause not more frequently than once 
     every 5 years to reflect the percentage by which the Consumer 
     Price Index for All Urban Consumers published by the 
     Department of Labor for the month of October immediately 
     preceding the date of adjustment exceeds the Consumer Price 
     Index for All Urban Consumers published by the Department of 
     Labor for the month of October that immediately precedes the 
     date that is 5 years before the date of adjustment.
       ``(bb) Effect of subclause.--Nothing in this subclause 
     prevents a State from adjusting a fee in effect before the 
     date of enactment of this subsection to the applicable 
     maximum amount under subclause (II).

[[Page S7014]]

       ``(cc) Applicability.--This subclause applies only to 
     increases in fees to amounts greater than the applicable 
     maximum amount under subclause (II).
       ``(v) Alaska graywater.--Clause (i) shall not apply with 
     respect to any discharge of graywater (as defined in section 
     1414 of the Consolidated Appropriations Act, 2001 (Public Law 
     106-554; 114 Stat. 2763A-323)) from a passenger vessel (as 
     defined in section 2101 of title 46, United States Code) in 
     the State of Alaska (including all waters in the Alexander 
     Archipelago) carrying 50 or more passengers.
       ``(vi) Preservation of authority.--Nothing in this 
     subsection preempts any State law, public initiative, 
     referendum, regulation, requirement, or other State action, 
     except as expressly provided in this subsection.
       ``(B) Established regimes.--Except as expressly provided in 
     this subsection, nothing in this subsection affects the 
     applicability to a vessel of any other provision of Federal 
     law, including--
       ``(i) this section;
       ``(ii) section 311;
       ``(iii) the Act to Prevent Pollution from Ships (33 U.S.C. 
     1901 et seq.); and
       ``(iv) title X of the Coast Guard Authorization Act of 2010 
     (33 U.S.C. 3801 et seq.).
       ``(C) Permitting.--Effective beginning on the date of 
     enactment of this subsection--
       ``(i) the Small Vessel General Permit is repealed; and
       ``(ii) the Administrator, or a State in the case of a 
     permit program approved under section 402, shall not require, 
     or in any way modify, a permit under that section for--

       ``(I) any discharge that is subject to regulation under 
     this subsection;
       ``(II) any discharge incidental to the normal operation of 
     a vessel from a small vessel or fishing vessel, regardless of 
     whether that discharge is subject to regulation under this 
     subsection; or
       ``(III) any discharge described in paragraph (2)(B)(ii).

       ``(D) No effect on civil or criminal actions.--Nothing in 
     this subsection, or any standard, regulation, or requirement 
     established under this subsection, modifies or otherwise 
     affects, preempts, or displaces--
       ``(i) any cause of action; or
       ``(ii) any provision of Federal or State law establishing a 
     remedy for civil relief or criminal penalty.
       ``(E) No effect on certain secretarial authority.--Nothing 
     in this subsection affects the authority of the Secretary of 
     Commerce or the Secretary of the Interior to administer any 
     land or waters under the administrative control of the 
     Secretary of Commerce or the Secretary of the Interior, 
     respectively.
       ``(F) No limitation on state inspection authority.--Nothing 
     in this subsection limits the authority of a State to inspect 
     a vessel pursuant to paragraph (5)(A)(iii) in order to 
     monitor compliance with an applicable requirement of this 
     section.
       ``(10) Additional regional requirements.--
       ``(A) Minimum great lakes system requirements.--
       ``(i) In general.--Except as provided in clause (ii), the 
     owner or operator of a vessel entering the St. Lawrence 
     Seaway through the mouth of the St. Lawrence River shall 
     conduct a complete ballast water exchange or saltwater 
     flush--

       ``(I) not less than 200 nautical miles from any shore for a 
     voyage originating outside the United States or Canadian 
     exclusive economic zone; or
       ``(II) not less than 50 nautical miles from any shore for a 
     voyage originating within the United States or Canadian 
     exclusive economic zone.

       ``(ii) Exceptions.--Clause (i) shall not apply to a vessel 
     if--

       ``(I) complying with an applicable requirement of clause 
     (i)--

       ``(aa) would compromise the safety of the vessel; or
       ``(bb) is otherwise prohibited by any Federal, Canadian, or 
     international law (including regulations) pertaining to 
     vessel safety;

       ``(II) design limitations of the vessel prevent a ballast 
     water exchange from being conducted in accordance with an 
     applicable requirement of clause (i);
       ``(III) the vessel--

       ``(aa) is certified by the Secretary as having no residual 
     ballast water or sediments onboard; or
       ``(bb) retains all ballast water while in waters subject to 
     the requirement; or

       ``(IV) empty ballast tanks on the vessel are sealed and 
     certified by the Secretary in a manner that ensures that--

       ``(aa) no discharge or uptake occurs; and
       ``(bb) any subsequent discharge of ballast water is subject 
     to the requirement.
       ``(B) Enhanced great lakes system requirements.--
       ``(i) Petitions by governors for proposed enhanced 
     standards and requirements.--

       ``(I) In general.--The Governor of a Great Lakes State (or 
     a State employee designee) may submit a petition in 
     accordance with subclause (II) to propose that other 
     Governors of Great Lakes States endorse an enhanced standard 
     of performance or other requirement with respect to any 
     discharge that--

       ``(aa) is subject to regulation under this subsection; and
       ``(bb) occurs within the Great Lakes System.

       ``(II) Submission.--A Governor shall submit a petition 
     under subclause (I), in writing, to--

       ``(aa) the Executive Director of the Great Lakes 
     Commission, in such manner as may be prescribed by the Great 
     Lakes Commission;
       ``(bb) the Governor of each other Great Lakes State; and
       ``(cc) the Director of the Great Lakes National Program 
     Office established by section 118(b).

       ``(III) Preliminary assessment by great lakes commission.--

       ``(aa) In general.--After the date of receipt of a petition 
     under subclause (II)(aa), the Great Lakes Commission (acting 
     through the Great Lakes Panel on Aquatic Nuisance Species, to 
     the maximum extent practicable) may develop a preliminary 
     assessment regarding each enhanced standard of performance or 
     other requirement described in the petition.
       ``(bb) Provisions.--The preliminary assessment developed by 
     the Great Lakes Commission under item (aa)--
       ``(AA) may be developed in consultation with relevant 
     experts and stakeholders;
       ``(BB) may be narrative in nature;
       ``(CC) may include the preliminary views, if any, of the 
     Great Lakes Commission on the propriety of the proposed 
     enhanced standard of performance or other requirement;
       ``(DD) shall be submitted, in writing, to the Governor of 
     each Great Lakes State and the Director of the Great Lakes 
     National Program Office and published on the internet website 
     of the Great Lakes National Program Office; and
       ``(EE) except as provided in clause (iii), shall not be 
     taken into consideration, or provide a basis for review, by 
     the Administrator or the Secretary for purposes of that 
     clause.
       ``(ii) Proposed enhanced standards and requirements.--

       ``(I) Publication in federal register.--

       ``(aa) Request by governor.--Not earlier than the date that 
     is 90 days after the date on which the Executive Director of 
     the Great Lakes Commission receives from a Governor of a 
     Great Lakes State a petition under clause (i)(II)(aa), the 
     Governor may request the Director of the Great Lakes National 
     Program Office to publish, for a period requested by the 
     Governor of not less than 30 days, and the Director shall so 
     publish, in the Federal Register for public comment--
       ``(AA) a copy of the petition; and
       ``(BB) if applicable as of the date of publication, any 
     preliminary assessment of the Great Lakes Commission 
     developed under clause (i)(III) relating to the petition.
       ``(bb) Review of public comments.--On receipt of a written 
     request of a Governor of a Great Lakes State, the Director of 
     the Great Lakes National Program Office shall make available 
     all public comments received in response to the notice under 
     item (aa).
       ``(cc) No response required.--Notwithstanding any other 
     provision of law, a Governor of a Great Lakes State or the 
     Director of the Great Lakes National Program Office shall not 
     be required to provide a response to any comment received in 
     response to the publication of a petition or preliminary 
     assessment under item (aa).
       ``(dd) Purpose.--Any public comments received in response 
     to the publication of a petition or preliminary assessment 
     under item (aa) shall be used solely for the purpose of 
     providing information and feedback to the Governor of each 
     Great Lakes State regarding the decision to endorse the 
     proposed standard or requirement.
       ``(ee) Effect of petition.--A proposed standard or 
     requirement developed under subclause (II) may differ from 
     the proposed standard or requirement described in a petition 
     published under item (aa).

       ``(II) Coordination to develop proposed standard or 
     requirement.--After the expiration of the public comment 
     period for the petition under subclause (I), any interested 
     Governor of a Great Lakes State may work in coordination with 
     the Great Lakes Commission to develop a proposed standard of 
     performance or other requirement applicable to a discharge 
     referred to in the petition.
       ``(III) Requirements.--A proposed standard of performance 
     or other requirement under subclause (II)--

       ``(aa) shall be developed--
       ``(AA) in consultation with representatives from the 
     Federal and provincial governments of Canada;
       ``(BB) after notice and opportunity for public comment on 
     the petition published under subclause (I); and
       ``(CC) taking into consideration the preliminary 
     assessment, if any, of the Great Lakes Commission under 
     clause (i)(III);
       ``(bb) shall be specifically endorsed in writing by--
       ``(AA) the Governor of each Great Lakes State, if the 
     proposed standard or requirement would impose any additional 
     equipment requirement on a vessel; or
       ``(BB) not fewer than 5 Governors of Great Lakes States, if 
     the proposed standard or requirement would not impose any 
     additional equipment requirement on a vessel; and
       ``(cc) in the case of a proposed requirement to prohibit 1 
     or more types of discharge regulated under this subsection, 
     whether treated or not treated, into waters within the Great 
     Lakes System, shall not apply outside the waters of the Great 
     Lakes States of the Governors endorsing the proposed 
     requirement under item (bb).
       ``(iii) Promulgation by administrator and secretary.--

       ``(I) Submission.--

       ``(aa) In general.--The Governors endorsing a proposed 
     standard or requirement

[[Page S7015]]

     under clause (ii)(III)(bb) may jointly submit to the 
     Administrator and the Secretary for approval each proposed 
     standard of performance or other requirement developed and 
     endorsed pursuant to clause (ii).
       ``(bb) Inclusion.--Each submission under item (aa) shall 
     include an explanation regarding why the applicable standard 
     of performance or other requirement is--
       ``(AA) at least as stringent as a comparable standard of 
     performance or other requirement under this subsection;
       ``(BB) in accordance with maritime safety; and
       ``(CC) in accordance with applicable maritime and 
     navigation laws and regulations.
       ``(cc) Withdrawal.--
       ``(AA) In general.--The Governor of any Great Lakes State 
     that endorses a proposed standard or requirement under clause 
     (ii)(III)(bb) may withdraw the endorsement by not later than 
     the date that is 90 days after the date on which the 
     Administrator and the Secretary receive the proposed standard 
     or requirement.
       ``(BB) Effect on federal review.--If, after the withdrawal 
     of an endorsement under subitem (AA), the proposed standard 
     or requirement does not have the applicable number of 
     endorsements under clause (ii)(III)(bb), the Administrator 
     and the Secretary shall terminate the review under this 
     clause.
       ``(dd) Dissenting opinions.--The Governor of a Great Lakes 
     State that does not endorse a proposed standard or 
     requirement under clause (ii)(III)(bb) may submit to the 
     Administrator and the Secretary any dissenting opinions of 
     the Governor.

       ``(II) Joint notice.--On receipt of a proposed standard of 
     performance or other requirement under subclause (I), the 
     Administrator and the Secretary shall publish in the Federal 
     Register a joint notice that, at minimum--

       ``(aa) states that the proposed standard or requirement is 
     publicly available; and
       ``(bb) provides an opportunity for public comment regarding 
     the proposed standard or requirement during the 90-day period 
     beginning on the date of receipt by the Administrator and the 
     Secretary of the proposed standard or requirement.

       ``(III) Review.--

       ``(aa) In general.--As soon as practicable after the date 
     of publication of a joint notice under subclause (II)--
       ``(AA) the Administrator shall commence a review of each 
     proposed standard of performance or other requirement covered 
     by the notice to determine whether that standard or 
     requirement is at least as stringent as comparable standards 
     and requirements under this subsection; and
       ``(BB) the Secretary shall commence a review of each 
     proposed standard of performance or other requirement covered 
     by the notice to determine whether that standard or 
     requirement is in accordance with maritime safety and 
     applicable maritime and navigation laws and regulations.
       ``(bb) Consultation.--In carrying out item (aa), the 
     Administrator and the Secretary--
       ``(AA) shall consult with the Governor of each Great Lakes 
     State and representatives from the Federal and provincial 
     governments of Canada;
       ``(BB) shall take into consideration any relevant data or 
     public comments received under subclause (II)(bb); and
       ``(CC) shall not take into consideration any preliminary 
     assessment by the Great Lakes Commission under clause 
     (i)(III), or any dissenting opinion under subclause (I)(dd), 
     except to the extent that such an assessment or opinion is 
     relevant to the criteria for the applicable determination 
     under item (aa).

       ``(IV) Approval or disapproval.--Not later than 180 days 
     after the date of receipt of each proposed standard of 
     performance or other requirement under subclause (I), the 
     Administrator and the Secretary shall--

       ``(aa) determine, as applicable, whether each proposed 
     standard or other requirement satisfies the criteria under 
     subclause (III)(aa);
       ``(bb) approve each proposed standard or other requirement, 
     unless the Administrator or the Secretary, as applicable, 
     determines under item (aa) that the proposed standard or 
     other requirement does not satisfy the criteria under 
     subclause (III)(aa); and
       ``(cc) submit to the Governor of each Great Lakes State, 
     and publish in the Federal Register, a notice of the 
     determination under item (aa).

       ``(V) Action on disapproval.--

       ``(aa) Rationale and recommendations.--If the Administrator 
     and the Secretary disapprove a proposed standard of 
     performance or other requirement under subclause (IV)(bb), 
     the notices under subclause (IV)(cc) shall include--
       ``(AA) a description of the reasons why the standard or 
     requirement is, as applicable, less stringent than a 
     comparable standard or requirement under this subsection, 
     inconsistent with maritime safety, or inconsistent with 
     applicable maritime and navigation laws and regulations; and
       ``(BB) any recommendations regarding changes the Governors 
     of the Great Lakes States could make to conform the 
     disapproved portion of the standard or requirement to the 
     requirements of this subparagraph.
       ``(bb) Review.--Disapproval of a proposed standard or 
     requirement by the Administrator and the Secretary under this 
     subparagraph shall be considered to be a final agency action 
     subject to judicial review under section 509.

       ``(VI) Action on approval.--On approval by the 
     Administrator and the Secretary of a proposed standard of 
     performance or other requirement under subclause (IV)(bb)--

       ``(aa) the Administrator shall establish, by regulation, 
     the proposed standard or requirement within the Great Lakes 
     System in lieu of any comparable standard or other 
     requirement promulgated under paragraph (4); and
       ``(bb) the Secretary shall establish, by regulation, any 
     requirements necessary to implement, ensure compliance with, 
     and enforce the standard or requirement under item (aa), or 
     to apply the proposed requirement, within the Great Lakes 
     System in lieu of any comparable requirement promulgated 
     under paragraph (5).

       ``(VII) No judicial review for certain actions.--An action 
     or inaction of a Governor of a Great Lakes State or the Great 
     Lakes Commission under this subparagraph shall not be subject 
     to judicial review.
       ``(VIII) Great lakes compact.--Nothing in this subsection 
     limits, alters, or amends the Great Lakes Compact to which 
     Congress granted consent in the Act of July 24, 1968 (Public 
     Law 90-419; 82 Stat. 414).
       ``(IX) Authorization of appropriations.--There is 
     authorized to be appropriated to the Great Lakes Commission 
     $5,000,000, to be available until expended.

       ``(C) Minimum pacific region requirements.--
       ``(i) Definition of commercial vessel.--In this 
     subparagraph, the term `commercial vessel' means a vessel 
     operating between--

       ``(I) 2 ports or places of destination within the Pacific 
     Region; or
       ``(II) a port or place of destination within the Pacific 
     Region and a port or place of destination on the Pacific 
     Coast of Canada or Mexico north of parallel 20 degrees north 
     latitude, inclusive of the Gulf of California.

       ``(ii) Ballast water exchange.--

       ``(I) In general.--Except as provided in subclause (II) and 
     clause (iv), the owner or operator of a commercial vessel 
     shall conduct a complete ballast water exchange in waters 
     more than 50 nautical miles from shore.
       ``(II) Exemptions.--Subclause (I) shall not apply to a 
     commercial vessel--

       ``(aa) using, in compliance with applicable requirements, a 
     type-approved ballast water management system approved by the 
     Secretary; or
       ``(bb) voyaging--
       ``(AA) between or to a port or place of destination in the 
     State of Washington, if the ballast water to be discharged 
     from the commercial vessel originated solely from waters 
     located between the parallel 46 degrees north latitude, 
     including the internal waters of the Columbia River, and the 
     internal waters of Canada south of parallel 50 degrees north 
     latitude, including the waters of the Strait of Georgia and 
     the Strait of Juan de Fuca;
       ``(BB) between ports or places of destination in the State 
     of Oregon, if the ballast water to be discharged from the 
     commercial vessel originated solely from waters located 
     between the parallel 40 degrees north latitude and the 
     parallel 50 degrees north latitude;
       ``(CC) between ports or places of destination in the State 
     of California within the San Francisco Bay area east of the 
     Golden Gate Bridge, including the Port of Stockton and the 
     Port of Sacramento, if the ballast water to be discharged 
     from the commercial vessel originated solely from ports or 
     places within that area;
       ``(DD) between the Port of Los Angeles, the Port of Long 
     Beach, and the El Segundo offshore marine oil terminal, if 
     the ballast water to be discharged from the commercial vessel 
     originated solely from the Port of Los Angeles, the Port of 
     Long Beach, or the El Segundo offshore marine oil terminal;
       ``(EE) between a port or place of destination in the State 
     of Alaska within a single Captain of the Port Zone;
       ``(FF) between ports or places of destination in different 
     counties of the State of Hawaii, if the vessel may conduct a 
     complete ballast water exchange in waters that are more than 
     10 nautical miles from shore and at least 200 meters deep; or
       ``(GG) between ports or places of destination within the 
     same county of the State of Hawaii, if the vessel does not 
     transit outside State marine waters during the voyage.
       ``(iii) Low-salinity ballast water.--

       ``(I) In general.--Except as provided in subclause (II) and 
     clause (iv), the owner or operator of a commercial vessel 
     that transports ballast water sourced from waters with a 
     measured salinity of less than 18 parts per thousand and 
     voyages to a Pacific Region port or place of destination with 
     a measured salinity of less than 18 parts per thousand shall 
     conduct a complete ballast water exchange--

       ``(aa) not less than 50 nautical miles from shore, if the 
     ballast water was sourced from a Pacific Region port or place 
     of destination; or
       ``(bb) more than 200 nautical miles from shore, if the 
     ballast water was not sourced from a Pacific Region port or 
     place of destination.

       ``(II) Exception.--Subclause (I) shall not apply to a 
     commercial vessel voyaging to a port or place of destination 
     in the Pacific Region that is using, in compliance with 
     applicable requirements, a type-approved ballast water 
     management system approved by the Secretary to achieve 
     standards of performance of--

       ``(aa) less than 1 organism per 10 cubic meters, if that 
     organism--
       ``(AA) is living, or has not been rendered nonviable; and

[[Page S7016]]

       ``(BB) is 50 or more micrometers in minimum dimension;
       ``(bb) less than 1 organism per 10 milliliters, if that 
     organism--
       ``(AA) is living, or has not been rendered nonviable; and
       ``(BB) is more than 10, but less than 50, micrometers in 
     minimum dimension;
       ``(cc) concentrations of indicator microbes that are less 
     than--
       ``(AA) 1 colony-forming unit of toxicogenic Vibrio cholera 
     (serotypes O1 and O139) per 100 milliliters or less than 1 
     colony-forming unit of that microbe per gram of wet weight of 
     zoological samples;
       ``(BB) 126 colony-forming units of escherichia coli per 100 
     milliliters; and
       ``(CC) 33 colony-forming units of intestinal enterococci 
     per 100 milliliters; and
       ``(dd) concentrations of such additional indicator microbes 
     and viruses as may be specified in the standards of 
     performance established by the Administrator under paragraph 
     (4).
       ``(iv) General exceptions.--The requirements of clauses 
     (ii) and (iii) shall not apply to a commercial vessel if--

       ``(I) complying with the requirement would compromise the 
     safety of the commercial vessel;
       ``(II) design limitations of the commercial vessel prevent 
     a ballast water exchange from being conducted in accordance 
     with clause (ii) or (iii), as applicable;
       ``(III) the commercial vessel--

       ``(aa) is certified by the Secretary as having no residual 
     ballast water or sediments onboard; or
       ``(bb) retains all ballast water while in waters subject to 
     those requirements; or

       ``(IV) empty ballast tanks on the commercial vessel are 
     sealed and certified by the Secretary in a manner that 
     ensures that--

       ``(aa) no discharge or uptake occurs; and
       ``(bb) any subsequent discharge of ballast water is subject 
     to those requirements.
       ``(D) Establishment of state no-discharge zones.--
       ``(i) State prohibition.--Subject to clause (ii), after the 
     effective date of regulations promulgated by the Secretary 
     under paragraph (5), if any State determines that the 
     protection and enhancement of the quality of some or all of 
     the waters within the State require greater environmental 
     protection, the State may prohibit 1 or more types of 
     discharge regulated under this subsection, whether treated or 
     not treated, into such waters.
       ``(ii) Applicability.--A prohibition by a State under 
     clause (i) shall not apply until the date on which the 
     Administrator makes the applicable determinations described 
     in clause (iii).
       ``(iii) Prohibition by administrator.--

       ``(I) Determination.--On application of a State, the 
     Administrator, in concurrence with the Secretary (subject to 
     subclause (II)), shall, by regulation, prohibit the discharge 
     from a vessel of 1 or more discharges subject to regulation 
     under this subsection, whether treated or not treated, into 
     the waters covered by the application if the Administrator 
     determines that--

       ``(aa) prohibition of the discharge would protect and 
     enhance the quality of the specified waters within the State;
       ``(bb) adequate facilities for the safe and sanitary 
     removal and treatment of the discharge are reasonably 
     available for the water and all vessels to which the 
     prohibition would apply;
       ``(cc) the discharge can be safely collected and stored 
     until a vessel reaches a discharge facility or other 
     location; and
       ``(dd) in the case of an application for the prohibition of 
     discharges of ballast water in a port (or in any other 
     location where cargo, passengers, or fuel are loaded and 
     unloaded)--
       ``(AA) the adequate facilities described in item (bb) are 
     reasonably available for commercial vessels, after 
     considering, at a minimum, water depth, dock size, pumpout 
     facility capacity and flow rate, availability of year-round 
     operations, proximity to navigation routes, and the ratio of 
     pumpout facilities to the population and discharge capacity 
     of commercial vessels operating in those waters; and
       ``(BB) the prohibition will not unreasonably interfere with 
     the safe loading and unloading of cargo, passengers, or fuel.

       ``(II) Concurrence with secretary.--

       ``(aa) Request.--The Administrator shall submit to the 
     Secretary a request for written concurrence with respect to a 
     prohibition under subclause (I).
       ``(bb) Effect of failure to concur.--A failure by the 
     Secretary to concur with the Administrator under subclause 
     (I) by the date that is 60 days after the date on which the 
     Administrator submits a request for concurrence under item 
     (aa) shall not prevent the Administrator from prohibiting the 
     relevant discharge in accordance with subclause (III), 
     subject to the condition that the Administrator shall include 
     in the administrative record of the promulgation--
       ``(AA) documentation of the request submitted under item 
     (aa); and
       ``(BB) the response of the Administrator to any written 
     objections received from the Secretary relating to the 
     proposed standard of performance during the 60-day period 
     beginning on the date of submission of the request.

       ``(III) Timing.--The Administrator shall approve or 
     disapprove an application submitted under subclause (I) by 
     not later than 90 days after the date on which the 
     application is submitted to the Administrator.

       ``(E) Maintenance in effect of more-stringent standards.--
     In any case in which a requirement established under this 
     paragraph is more stringent or environmentally protective 
     than a comparable requirement established under paragraph 
     (4), (5), or (6), the more-stringent or more-protective 
     requirement shall control.''.
       (2) Repeals.--
       (A) In general.--Effective beginning on the date of 
     enactment of this Act, the following provisions of law are 
     repealed:
       (i) Section 1101 of the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 4711).
       (ii) Public Law 110-299 (33 U.S.C. 1342 note).
       (B) Conforming amendments.--Section 1102 of the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4712) is amended--
       (i) in subsection (c)(1), by inserting ``(as in effect on 
     the day before the date of enactment of the Vessel Incidental 
     Discharge Act of 2018)'' after ``section 1101(b)''; and
       (ii) in subsection (f)(1)(B), by inserting ``(as in effect 
     on the day before the date of enactment of the Vessel 
     Incidental Discharge Act of 2018)'' after ``section 
     1101(c)''.
       (b) Regulations for Use of Marine Pollution Control 
     Devices.--Section 312 of the Federal Water Pollution Control 
     Act (33 U.S.C. 1322) is amended--
       (1) by striking the section designation and heading and all 
     that follows through ``For the purpose of'' in subsection (a) 
     and inserting the following:

     ``SEC. 312. MARINE SANITATION DEVICES; DISCHARGES INCIDENTAL 
                   TO THE NORMAL OPERATION OF VESSELS.

       ``(a) Definitions.--In'';
       (2) in subsection (a)--
       (A) in paragraph (7), by striking ``devices or of vessels'' 
     and inserting ``devices, marine pollution control device 
     equipment, or vessels''; and
       (B) in paragraph (13), in the matter preceding subparagraph 
     (A), by inserting ``, except as provided in subsection (p),'' 
     after ``means'';
       (3) in subsection (g)--
       (A) by inserting ``or marine pollution control device 
     equipment'' after ``marine sanitation device'' each place it 
     appears;
       (B) in paragraph (1)--
       (i) by inserting ``or equipment'' after ``such device''; 
     and
       (ii) by inserting ``or equipment'' after ``test device''; 
     and
       (C) in paragraph (2)--
       (i) by inserting ``or equipment'' after ``the device'' each 
     place it appears; and
       (ii) in the fourth sentence, by inserting ``or equipment'' 
     after ``device'' each place it appears; and
       (4) in subsection (h)--
       (A) in paragraph (1), by inserting ``and marine pollution 
     control device equipment'' after ``marine sanitation 
     device'';
       (B) in paragraph (2), by inserting ``or any certified 
     marine pollution control device equipment or element of 
     design of such equipment'' after ``such device'';
       (C) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively, and indenting 
     the subparagraphs appropriately;
       (D) by striking ``(h) After'' and inserting the following:
       ``(h) Sale and Resale of Properly Equipped Vessels; 
     Operability of Certified Marine Sanitation Devices.--
       ``(1) In general.--Subject to paragraph (2), after''; and
       (E) by adding at the end the following:
       ``(2) Effect of subsection.--Nothing in this subsection 
     requires certification of a marine pollution control device 
     for use on any vessel of the Armed Forces.''.
       (c) Enforcement Authority.--
       (1) In general.--Section 312(k) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1322(k)) is amended--
       (A) by striking the second sentence and inserting the 
     following:
       ``(3) States.--
       ``(A) In general.--This section may be enforced by a State 
     or political subdivision of a State (including the attorney 
     general of a State), including by filing a civil action in an 
     appropriate Federal district court to enforce any violation 
     of subsection (p).
       ``(B) Jurisdiction.--The appropriate Federal district court 
     shall have jurisdiction with respect to a civil action filed 
     pursuant to subparagraph (A), without regard to the amount in 
     controversy or the citizenship of the parties--
       ``(i) to enforce the requirements of this section; and
       ``(ii) to apply appropriate civil penalties under this 
     section or section 309(d), as appropriate.'';
       (B) by striking ``(k) The provisions of this'' and 
     inserting the following:
       ``(k) Enforcement Authority.--
       ``(1) Administrator.--This section shall be enforced by the 
     Administrator, to the extent provided in section 309.
       ``(2) Secretary.--
       ``(A) In general.--This''; and
       (C) in paragraph (2) (as so designated)--
       (i) in subparagraph (A), by striking ``operating and he may 
     utilize by agreement'' and inserting ``operating, who may 
     use, by agreement''; and
       (ii) by adding at the end the following:
       ``(B) Inspections.--For purposes of ensuring compliance 
     with this section, the Secretary--
       ``(i) may carry out an inspection (including the taking of 
     ballast water samples) of any vessel at any time; and
       ``(ii) shall--

[[Page S7017]]

       ``(I) establish procedures for--

       ``(aa) reporting violations of this section; and
       ``(bb) accumulating evidence regarding those violations; 
     and

       ``(II) use appropriate and practicable measures of 
     detection and environmental monitoring of vessels.

       ``(C) Detention.--The Secretary may detain a vessel if the 
     Secretary--
       ``(i) has reasonable cause to believe that the vessel--

       ``(I) has failed to comply with an applicable requirement 
     of this section; or
       ``(II) is being operated in violation of such a 
     requirement; and

       ``(ii) the Secretary provides to the owner or operator of 
     the vessel a notice of the intent to detain.''.
       (2) Preservation of federal enforcement authority.--Section 
     309 of the Federal Water Pollution Control Act (33 U.S.C. 
     1319) is amended--
       (A) in subsection (a)(3), by striking ``318'' and inserting 
     ``312(p), 318'';
       (B) in subsection (c), by striking ``318'' each place it 
     appears and inserting ``312(p), 318'';
       (C) in subsection (d), in the first sentence--
       (i) by striking ``318'' and inserting ``312(p), 318,''; and
       (ii) by striking ``State,,'' and inserting ``State,''; and
       (D) in subsection (g)(1)(A), by striking ``318'' and 
     inserting ``312(p), 318''.
       (3) Preservation of public enforcement authority.--Section 
     505(f) of the Federal Water Pollution Control Act (33 U.S.C. 
     1365(f)) is amended by striking ``(5) certification'' and all 
     that follows through the period at the end and inserting the 
     following: ``(5) a standard of performance or requirement 
     under section 312(p); (6) a certification under section 401; 
     (7) a permit or condition of a permit issued under section 
     402 that is in effect under this Act (including a requirement 
     applicable by reason of section 313); or (8) a regulation 
     under section 405(d).''.
       (4) Review.--Section 509(b) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1369(b)) is amended by adding at the 
     end the following:
       ``(4) Discharges incidental to normal operation of 
     vessels.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     any interested person may file a petition for review of a 
     final agency action under section 312(p) of the Administrator 
     or the Secretary of the department in which the Coast Guard 
     is operating in accordance with the requirements of this 
     subsection.
       ``(B) Venue exception.--Subject to section 312(p)(7)(C)(v), 
     a petition for review of a final agency action under section 
     312(p) of the Administrator or the Secretary of the 
     department in which the Coast Guard is operating may be filed 
     only in the United States Court of Appeals for the District 
     of Columbia Circuit.''.
       (d) Logbook Requirements.--Section 11301(b) of title 46, 
     United States Code, is amended by adding at the end the 
     following:
       ``(13) when a vessel fails to carry out ballast water 
     management requirements as applicable and pursuant to 
     regulations promulgated by the Secretary, including when the 
     vessel fails to carry out ballast water management 
     requirements due to an allowed safety exemption, a statement 
     regarding the failure to comply and the circumstances under 
     which the failure occurred, made immediately after the 
     failure, when practicable to do so.''.
       (e) Quagga Mussel.--Section 42(a)(1) of title 18, United 
     States Code, is amended, in the first sentence, by inserting 
     ``of the quagga mussel of the species Dreissena rostriformis 
     or Dreissena bugensis;'' after ``Dreissena polymorpha;''.
       (f) Coastal Aquatic Invasive Species Mitigation Grant 
     Program and Mitigation Fund.--
       (1) Definitions.--In this subsection:
       (A) Coastal zone.--The term ``coastal zone'' has the 
     meaning given the term in section 304 of the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1453).
       (B) Eligible entity.--The term ``eligible entity'' means--
       (i) a State;
       (ii) a unit of local government;
       (iii) an Indian Tribe;
       (iv) a nongovernmental organization; and
       (v) an institution of higher education.
       (C) Exclusive economic zone.--The term ``Exclusive Economic 
     Zone'' means the Exclusive Economic Zone of the United 
     States, as established by Presidential Proclamation 5030, 
     dated March 10, 1983 (16 U.S.C. 1453 note).
       (D) Foundation.--The term ``Foundation'' means the National 
     Fish and Wildlife Foundation established by section 2(a) of 
     the National Fish and Wildlife Foundation Establishment Act 
     (16 U.S.C. 3701(a)).
       (E) Fund.--The term ``Fund'' means the Coastal Aquatic 
     Invasive Species Mitigation Fund established by paragraph 
     (3)(A).
       (F) Program.--The term ``Program'' means the Coastal 
     Aquatic Invasive Species Mitigation Grant Program established 
     under paragraph (2)(A).
       (G) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (2) Grant program.--
       (A) Establishment.--The Secretary and the Foundation shall 
     establish a program, to be known as the ``Coastal Aquatic 
     Invasive Species Mitigation Grant Program'', under which the 
     Secretary and the Foundation shall award grants to eligible 
     entities in accordance with this paragraph.
       (B) Purposes.--The purposes of the Program are--
       (i) to improve the understanding, prevention, and 
     mitigation of, and response to, aquatic invasive species in--

       (I) the coastal zone; and
       (II) the Exclusive Economic Zone;

       (ii) to support the prevention and mitigation of impacts 
     from aquatic invasive species in the coastal zone; and
       (iii) to support the restoration of Pacific Island 
     habitats, marine, estuarine, and Great Lakes environments in 
     the coastal zone and the Exclusive Economic Zone that are 
     impacted by aquatic invasive species.
       (C) Use of grants.--
       (i) In general.--A grant awarded under the Program shall be 
     used for an activity to carry out the purposes of the 
     Program, including an activity--

       (I) to develop and implement procedures and programs, 
     including permissible State ballast water inspection 
     programs, to prevent, detect, control, mitigate, and rapidly 
     or progressively eradicate aquatic invasive species in the 
     coastal zone or the Exclusive Economic Zone, particularly in 
     areas with high numbers of established aquatic invasive 
     species;
       (II) to restore habitat impacted by an aquatic invasive 
     species;
       (III) to develop new shipboard and land-based ballast water 
     treatment system technologies and performance standards to 
     prevent the introduction of aquatic invasive species;
       (IV) to develop mitigation measures to protect natural and 
     cultural living resources, including shellfish, from the 
     impacts of aquatic invasive species; or
       (V) to develop mitigation measures to protect 
     infrastructure, such as hydroelectric infrastructure, from 
     aquatic invasive species.

       (ii) Prohibition on funding litigation.--A grant awarded 
     under the Program may not be used to fund litigation in any 
     matter.
       (D) Administration.--Not later than 90 days after the date 
     of enactment of this Act, the Foundation, in consultation 
     with the Secretary, shall establish the following:
       (i) Application and review procedures for awarding grants 
     under the Program.
       (ii) Approval procedures for awarding grants under the 
     Program, including a requirement for consultation with--

       (I) the Secretary of the Interior; and
       (II) the Administrator.

       (iii) Performance accountability and monitoring measures 
     for activities funded by a grant awarded under the Program.
       (iv) Procedures and methods to ensure accurate accounting 
     and appropriate administration of grants awarded under the 
     Program, including standards of recordkeeping.
       (E) Matching requirement.--Each eligible entity that 
     receives a grant under the Program shall provide, in cash or 
     through in-kind contributions from non-Federal sources, 
     matching funds to carry out the activities funded by the 
     grant in an amount equal to not less than 25 percent of the 
     cost of the activities.
       (F) Funding.--The Secretary and the Foundation are 
     authorized to use the amounts available in the Fund to award 
     grants under the Program.
       (3) Mitigation fund.--
       (A) Establishment.--There is established in the Treasury of 
     the United States a trust fund, to be known as the ``Coastal 
     Aquatic Invasive Species Mitigation Fund'', consisting of 
     such amounts as are appropriated or credited to the Fund in 
     accordance with this paragraph or section 9602 of the 
     Internal Revenue Code of 1986.
       (B) Transfers to fund.--
       (i) Appropriation.--There is authorized to be appropriated 
     from the Treasury to the Fund, for each fiscal year, an 
     amount equal to the amount of penalties assessed for 
     violations of subsection (p) of section 312 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1322) during the 
     preceding fiscal year.
       (ii) Additional authorization.--In addition to the amounts 
     transferred to the Fund under clause (i), there is authorized 
     to be appropriated to the Fund $5,000,000 for each fiscal 
     year.
       (C) Use of fund.--Subject to appropriations, the amounts in 
     the Fund shall be available to the Secretary and the 
     Foundation to award grants under the Program.
       (g) Great Lakes and Lake Champlain Invasive Species 
     Program.--
       (1) Definitions.--In this subsection:
       (A) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (B) Aquatic nuisance species.--The term ``aquatic nuisance 
     species'' has the meaning given that term in subsection 
     (p)(1) of section 312 of the Federal Water Pollution Control 
     Act (33 U.S.C. 1322).
       (C) Director.--The term ``Director'' means the Director of 
     the Great Lakes National Program Office established by 
     section 118(b) of the Federal Water Pollution Control Act (33 
     U.S.C. 1268(b)).
       (D) Great lakes and lake champlain systems.--The term 
     ``Great Lakes and Lake Champlain Systems'' includes--
       (i) Lake Champlain; and
       (ii) all bodies of water (including wetlands) within--

       (I) the Great Lakes System (as defined in section 118(a)(3) 
     of the Federal Water Pollution Control Act (33 U.S.C. 
     1268(a)(3))); or
       (II) the Lake Champlain drainage basin (as defined in 
     section 120(g) of the Federal Water Pollution Control Act (33 
     U.S.C. 1270(g))).

[[Page S7018]]

       (E) Program.--The term ``Program'' means the Great Lakes 
     and Lake Champlain Invasive Species Program established under 
     paragraph (2)(A).
       (2) Establishment of program.--
       (A) In general.--The Administrator shall establish within 
     the Great Lakes National Program Office a program, to be 
     known as the ``Great Lakes and Lake Champlain Invasive 
     Species Program''--
       (i) in collaboration with--

       (I) the Director of the United States Fish and Wildlife 
     Service;
       (II) the Administrator of the National Oceanic and 
     Atmospheric Administration;
       (III) the Director of the United States Geological Survey; 
     and
       (IV) the Secretary of the department in which the Coast 
     Guard is operating; and

       (ii) in consultation with--

       (I) the head of Great Lakes Aquatic Nonindigenous Species 
     Information System of the National Oceanic and Atmospheric 
     Administration; and
       (II) the head of Great Lakes Environmental Research 
     Laboratory of the National Oceanic and Atmospheric 
     Administration.

       (B) Purposes.--The purposes of the Program shall be--
       (i) to monitor for the introduction and spread of aquatic 
     nuisance species into or within the Great Lakes and Lake 
     Champlain Systems;
       (ii) to detect newly introduced aquatic nuisance species 
     prior to the establishment of the aquatic nuisance species in 
     the Great Lakes and Lake Champlain Systems;
       (iii) to inform, and assist with, management and response 
     actions to prevent or stop the establishment or spread of an 
     aquatic nuisance species;
       (iv) to establish a watch list of candidate aquatic 
     nuisance species that may be introduced or spread, and that 
     may survive and establish, within the Great Lakes and Lake 
     Champlain Systems;
       (v) to monitor vectors likely to be contributing to the 
     introduction or spread of aquatic nuisance species, including 
     ballast water operations;
       (vi) to work collaboratively with the Federal, State, 
     local, and Tribal agencies to develop criteria for 
     prioritizing and distributing monitoring efforts;
       (vii) to develop, achieve type approval for, and pilot 
     shipboard or land-based ballast water management systems 
     installed on, or available for use by, commercial vessels 
     operating solely within the Great Lakes and Lake Champlain 
     Systems to prevent the spread of aquatic nuisance species 
     populations within the Great Lakes and Lake Champlain 
     Systems; and
       (viii) to facilitate meaningful Federal and State 
     implementation of the regulatory framework in this 
     subsection, including monitoring, shipboard education, 
     inspection, and compliance conducted by States.
       (3) Methodology.--The Program shall seek--
       (A) to build on--
       (i) existing aquatic nuisance species monitoring efforts; 
     and
       (ii) efforts to develop criteria for prioritizing and 
     distributing monitoring efforts, geographically and among 
     taxa, in the Great Lakes and Lake Champlain Systems;
       (B) to advance early detection and monitoring, and capacity 
     to control the establishment and spread, of aquatic nuisance 
     species within the Great Lakes and Lake Champlain Systems;
       (C) to identify opportunities to interdict the introduction 
     and spread of aquatic nuisance species through sound science 
     and technological advancements;
       (D) to assess the risk of aquatic nuisance species 
     introduction and spread via the range of vectors active 
     within the Great Lakes and Lake Champlain Systems;
       (E) to advance the development of type-approved ballast 
     water management system (as defined in subsection (p)(1) of 
     section 312 of the Federal Water Pollution Control Act (33 
     U.S.C. 1322) equipment for commercial, non-seagoing vessels 
     that operate solely within the Great Lakes System (as defined 
     in section 118(a)(3) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1268(a)(3)));
       (F) to immediately make available to the public information 
     regarding--
       (i) the detection of new aquatic nuisance species within 
     the Great Lakes and Lake Champlain Systems; or
       (ii) the spread of aquatic nuisance species within the 
     Great Lakes and Lake Champlain Systems;
       (G) to annually submit to appropriate individuals and 
     entities in each affected region a report describing the 
     findings and activities of the Program;
       (H) to identify roles and responsibilities of Federal 
     agencies in aquatic nuisance species monitoring and response; 
     and
       (I) to provide resource assistance to States implementing 
     State-level programs to enter into partnerships with Federal 
     agencies in enforcing the requirements under subsection (p) 
     of section 312 of the Federal Water Pollution Control Act (33 
     U.S.C. 1322).
       (4) Collaboration.--In carrying out and developing the 
     Program, the Director shall collaborate with--
       (A) applicable Federal, State, local, and Tribal agencies; 
     and
       (B) such other research entities or stakeholders as the 
     Director determines to be appropriate.
       (5) Data availability.--The Director shall--
       (A) make the data collected under the Program available on 
     a publicly accessible internet website, including in an 
     annual summary report; and
       (B) in coordination with the entities identified under 
     paragraph (4), develop communication and notification 
     protocols for the purpose of communicating the range of 
     aquatic nuisance species and any identification of a new 
     aquatic nuisance species introduced to the Great Lakes and 
     Lake Champlain Systems.
       (6) Report to congress.--
       (A) In general.--Not later than December 31, 2019, the 
     Director shall submit to Congress a report summarizing the 
     outcomes of activities carried out under the Program.
       (B) Contents.--The report under subparagraph (A) shall 
     include--
       (i) a description of activities carried out under the 
     Program, including an explanation of how those activities 
     help to achieve the purposes described in paragraph (2)(B);
       (ii) an analysis of Federal, State, and local efforts to 
     enhance multidisciplinary approaches to achieve the purposes 
     described in paragraph (2)(B);
       (iii) recommendations relating to activities that would 
     contribute to achievement of the purposes described in 
     paragraph (2)(B); and
       (iv) recommendations to improve the efficiency and 
     effectiveness of the Program.
       (7) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out the Program $50,000,000 for 
     each of fiscal years 2019 through 2023.
       (h) Technical and Conforming Amendments.--
       (1) Section 1102(f) of the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 4712(f)) is 
     amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Ballast water reporting requirements.--
       ``(A) In general.--The owner or operator of a vessel 
     subject to this title shall submit to the National Ballast 
     Information Clearinghouse, by not later than 6 hours after 
     the arrival of the vessel at a United States port or place of 
     destination, the ballast water management report form 
     approved by the Office of Management and Budget numbered OMB 
     1625-0069 (or a successor form), unless the vessel is 
     operating exclusively on a voyage between ports or places 
     within contiguous portions of a single Captain of the Port 
     Zone.
       ``(B) Multiple discharges.--The owner or operator of a 
     vessel subject to this title may submit a single report under 
     subparagraph (A) for multiple ballast water discharges within 
     a single port or place of destination during the same voyage.
       ``(C) Advance report to states.--A State may require the 
     owner or operator of a vessel subject to this title to submit 
     directly to the State, or to an appropriate regional forum, a 
     ballast water management report form--
       ``(i) not later than 24 hours prior to arrival at a United 
     States port or place of destination in the State, if the 
     voyage of the vessel is anticipated to exceed 24 hours; or
       ``(ii) before departing the port or place of departure, if 
     the voyage of the vessel to the United States port or place 
     of destination is not anticipated to exceed 24 hours.
       ``(3) Vessel reporting data.--
       ``(A) Dissemination to states.--On receipt of a ballast 
     water management report under paragraph (2), the National 
     Ballast Information Clearinghouse shall--
       ``(i) in the case of a form submitted electronically, 
     immediately disseminate the report to interested States; or
       ``(ii) in the case of a form submitted by means other than 
     electronically, disseminate the report to interested States 
     as soon as practicable.
       ``(B) Availability to public.--Not later than 30 days after 
     the date of receipt of a ballast water management report 
     under paragraph (2), the National Ballast Information 
     Clearinghouse shall make the data in the report fully and 
     readily available to the public in a searchable and fully 
     retrievable electronic format.
       ``(4) Report.--
       ``(A) In general.--Not later than July 1, 2019, and 
     annually thereafter, the Secretary shall prepare and submit a 
     report in accordance with this paragraph.
       ``(B) Contents.--Each report under this paragraph shall 
     synthesize and analyze the data described in paragraph (1) 
     for the preceding 2-year period to evaluate nationwide status 
     and trends relating to--
       ``(i) ballast water delivery and management; and
       ``(ii) invasions of aquatic nuisance species resulting from 
     ballast water.
       ``(C) Development.--The Secretary shall prepare each report 
     under this paragraph in consultation and cooperation with--
       ``(i) the Task Force; and
       ``(ii) the Smithsonian Institution (acting through the 
     Smithsonian Environmental Research Center).
       ``(D) Submission.--The Secretary shall--
       ``(i) submit each report under this paragraph to--

       ``(I) the Task Force;
       ``(II) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(III) the Committee on Transportation and Infrastructure 
     of the House of Representatives; and

       ``(ii) make each report available to the public.

[[Page S7019]]

       ``(5) Working group.--Not later than 1 year after the date 
     of enactment of this paragraph, the Secretary shall establish 
     a working group, including members from the National Ballast 
     Information Clearinghouse and States with ballast water 
     management programs, to establish a process for compiling and 
     readily sharing Federal and State commercial vessel reporting 
     and enforcement data regarding compliance with this Act.''.
       (2) Section 1205 of the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 4725) is 
     amended--
       (A) in the third sentence, by striking ``Compliance'' and 
     inserting the following:
       ``(c) Effect of Compliance.--Compliance'';
       (B) in the second sentence, by striking ``Nothing'' and 
     inserting the following:
       ``(b) Effect of Title.--
       ``(1) In general.--Except as provided in paragraph (2), 
     nothing'';
       (C) in the first sentence, by striking ``All actions'' and 
     inserting the following:
       ``(a) Consistency With Environmental Laws.--All actions''; 
     and
       (D) in subsection (b) (as so designated), by adding at the 
     end the following:
       ``(2) Exception.--Any discharge incidental to the normal 
     operation of a vessel, including any discharge of ballast 
     water (as those terms are defined in subsections (a) and 
     (p)(1) of section 312 of the Federal Water Pollution Control 
     Act (33 U.S.C. 1322)), shall be regulated in accordance with 
     that section.''.

            TITLE X--HYDROGRAPHIC SERVICES AND OTHER MATTERS

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

       (a) Reauthorizations.--Section 306 of the Hydrographic 
     Services Improvement Act of 1998 (33 U.S.C. 892d) is 
     amended--
       (1) in the matter before paragraph (1), by striking ``There 
     are'' and inserting the following:
       ``(a) In General.--There are'';
       (2) in subsection (a) (as designated by paragraph (1))--
       (A) in paragraph (1), by striking ``surveys--'' and all 
     that follows through the end of the paragraph and inserting 
     ``surveys, $70,814,000 for each of fiscal years 2019 through 
     2023.'';
       (B) in paragraph (2), by striking ``vessels--'' and all 
     that follows through the end of the paragraph and inserting 
     ``vessels, $25,000,000 for each of fiscal years 2019 through 
     2023.'';
       (C) in paragraph (3), by striking ``Administration--'' and 
     all that follows through the end of the paragraph and 
     inserting ``Administration, $29,932,000 for each of fiscal 
     years 2019 through 2023.'';
       (D) in paragraph (4), by striking ``title--'' and all that 
     follows through the end of the paragraph and inserting 
     ``title, $26,800,000 for each of fiscal years 2019 through 
     2023.''; and
       (E) in paragraph (5), by striking ``title--'' and all that 
     follows through the end of the paragraph and inserting 
     ``title, $30,564,000 for each of fiscal years 2019 through 
     2023.''; and
       (3) by adding at the end the following:
       ``(b) Arctic Programs.--Of the amount authorized by this 
     section for each fiscal year--
       ``(1) $10,000,000 is authorized for use in the Arctic--
       ``(A) to acquire hydrographic data;
       ``(B) to provide hydrographic services;
       ``(C) to conduct coastal change analyses necessary to 
     ensure safe navigation;
       ``(D) to improve the management of coastal change; and
       ``(E) to reduce risks of harm to subsistence and coastal 
     communities associated with increased international maritime 
     traffic; and
       ``(2) $2,000,000 is authorized for use to acquire 
     hydrographic data and provide hydrographic services in the 
     Arctic necessary to delineate the United States extended 
     Continental Shelf.''.
       (b) Limitation on Administrative Expenses for Surveys.--
     Section 306 of such Act (33 U.S.C. 892d) is further amended 
     by adding at the end the following:
       ``(c) Limitation on Administrative Expenses for Surveys.--
     Of amounts authorized by this section for each fiscal year 
     for contract hydrographic surveys, not more than 5 percent is 
     authorized for administrative costs associated with contract 
     management.''.

     SEC. 1002. 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.

  Mr. McCONNELL. So for the information of the Senate, the modification 
that occurred was necessary to fix a technical error that omitted a 
number of important charts and tables from the bill.

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