[Congressional Record Volume 164, Number 186 (Tuesday, November 27, 2018)]
[House]
[Pages H9604-H9652]
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. SHUSTER. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment to the House amendment to the bill (S. 140) to
amend the White Mountain Apache Tribe Water Rights Quantification Act
of 2010 to clarify the use of amounts in the WMAT Settlement Fund.
The Clerk read the title of the bill.
The text of the Senate amendment to House amendment is as follows:
Senate amendment to House amendment:
In lieu of the matter proposed to be inserted by the House
amendment to the text of the bill, 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.
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 ....
[[Page H9605]]
``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:
------------------------------------------------------------------------
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
[[Page H9606]]
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.''.
(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.
[[Page H9607]]
``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
------------------------------------------------------------------------
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.................................
------------------------------------------------------------------------
[[Page H9608]]
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.
``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.
[[Page H9609]]
(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--
(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
[[Page H9610]]
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.
``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.................................
------------------------------------------------------------------------
[[Page H9611]]
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
------------------------------------------------------------------------
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
------------------------------------------------------------------------
[[Page H9612]]
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:
``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:
[[Page H9613]]
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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:
[[Page H9614]]
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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
------------------------------------------------------------------------
727 Constructive credit upon initial 3738
appointment..............................
------------------------------------------------------------------------
[[Page H9615]]
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.
``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:
[[Page H9616]]
------------------------------------------------------------------------
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 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
[[Page H9617]]
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 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
[[Page H9618]]
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.
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;
[[Page H9619]]
``(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.
``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.
[[Page H9620]]
``(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
``(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
[[Page H9621]]
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
``(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
[[Page H9622]]
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--
``(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:
[[Page H9623]]
``(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:
``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:
[[Page H9624]]
``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
``(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)''.
[[Page H9625]]
(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 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.
[[Page H9626]]
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 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
[[Page H9627]]
``(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, 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
[[Page H9628]]
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.
``(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.
[[Page H9629]]
``(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 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 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
[[Page H9630]]
Committee established under section 70112(a) of title 46,
United States Code, as amended by this section, and that was
in force or in effect on the day before the date of enactment
of this section, may remain in force or in effect for a
period of 2 years from the date of enactment of this section,
including that the charter, membership, and other aspects of
the committee may remain in force or in effect; and
(2) during the 2-year period referenced in paragraph (1)--
(A) requirements relating to the National Maritime Security
Advisory Committee established under section 70112(a) of
title 46, United States Code, as amended by this section,
shall be treated as satisfied by the substantially similar
advisory committee; and
(B) the enactment of this section, including the amendments
made in this section, shall not be the basis--
(i) to deem, find, or declare such committee, including the
charter, membership, and other aspects thereof, void, not in
force, or not in effect;
(ii) to suspend the activities of such committee; or
(iii) to bar the members of such committee from meeting.
TITLE VII--FEDERAL MARITIME COMMISSION
SEC. 701. SHORT TITLE.
This title may be cited as the ``Federal Maritime
Commission Authorization Act of 2017''.
SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
Section 308 of title 46, United States Code, is amended by
striking ``$24,700,000 for each of fiscal years 2016 and
2017'' and inserting ``$28,012,310 for fiscal year 2018 and
$28,544,543 for fiscal year 2019''.
SEC. 703. REPORTING ON IMPACT OF ALLIANCES ON COMPETITION.
Section 306 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) an analysis of the impacts on competition for the
purchase of certain covered services by alliances of ocean
common carriers acting pursuant to an agreement under this
part between or among ocean common carriers, including a
summary of actions, including corrective actions, taken by
the Commission to promote such competition.''; and
(2) by adding at the end the following:
``(c) Definition of Certain Covered Services.--In this
section, the term `certain covered services' has the meaning
given the term in section 40102.''.
SEC. 704. DEFINITION OF CERTAIN COVERED SERVICES.
Section 40102 of title 46, United States Code, is amended--
(1) by redesignating paragraphs (5) through (25) as
paragraphs (6) through (26), respectively; and
(2) by inserting after paragraph (4), the following:
``(5) Certain covered services.--For purposes of sections
41105 and 41307, the term `certain covered services' means,
with respect to a vessel--
``(A) the berthing or bunkering of the vessel;
``(B) the loading or unloading of cargo to or from the
vessel to or from a point on a wharf or terminal;
``(C) the positioning, removal, or replacement of buoys
related to the movement of the vessel; and
``(D) with respect to injunctive relief under section
41307, towing vessel services provided to such a vessel.''.
SEC. 705. REPORTS FILED WITH THE COMMISSION.
Section 40104(a) of title 46, United States Code, is
amended to read as follows:
``(a) Reports.--
``(1) In general.--The Federal Maritime Commission may
require a common carrier or marine terminal operator, or an
officer, receiver, trustee, lessee, agent, or employee of the
common carrier or marine terminal operator to file with the
Commission a periodical or special report, an account,
record, rate, or charge, or a memorandum of facts and
transactions related to the business of the common carrier or
marine terminal operator, as applicable.
``(2) Requirements.--Any report, account, record, rate,
charge, or memorandum required to be filed under paragraph
(1) shall--
``(A) be made under oath if the Commission requires; and
``(B) be filed in the form and within the time prescribed
by the Commission.
``(3) Limitation.--The Commission shall--
``(A) limit the scope of any filing ordered under this
section to fulfill the objective of the order; and
``(B) provide a reasonable period of time for respondents
to respond based upon their capabilities and the scope of the
order.''.
SEC. 706. PUBLIC PARTICIPATION.
(a) Notice of Filing.--Section 40304(a) of title 46, United
States Code, is amended to read as follows:
``(a) Notice of Filing.--Not later than 7 days after the
date an agreement is filed, the Federal Maritime Commission
shall--
``(1) transmit a notice of the filing to the Federal
Register for publication; and
``(2) request interested persons to submit relevant
information and documents.''.
(b) Request for Information and Documents.--Section
40304(d) of title 46, United States Code, is amended by
striking ``section'' and inserting ``part''.
(c) Saving Clause.--Nothing in this section, or the
amendments made by this section, may be construed--
(1) to prevent the Federal Maritime Commission from
requesting from a person, at any time, any additional
information or documents the Commission considers necessary
to carry out chapter 403 of title 46, United States Code;
(2) to prescribe a specific deadline for the submission of
relevant information and documents in response to a request
under section 40304(a)(2) of title 46, United States Code; or
(3) to limit the authority of the Commission to request
information under section 40304(d) of title 46, United States
Code.
SEC. 707. OCEAN TRANSPORTATION INTERMEDIARIES.
(a) License Requirement.--Section 40901(a) of title 46,
United States Code, is amended by inserting ``advertise, hold
oneself out, or'' after ``may not''.
(b) Applicability.--Section 40901 of title 46, United
States Code, is amended by adding at the end the following:
``(c) Applicability.--Subsection (a) and section 40902 do
not apply to a person that performs ocean transportation
intermediary services on behalf of an ocean transportation
intermediary for which it is a disclosed agent.''.
(c) Financial Responsibility.--Section 40902(a) of title
46, United States Code, is amended by inserting ``advertise,
hold oneself out, or'' after ``may not''.
SEC. 708. COMMON CARRIERS.
(a) Section 41104 of title 46, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by inserting
``(a) In General.--'' before ``A common carrier'';
(2) in subsection (a), as designated--
(A) by amending paragraph (11) to read as follows:
``(11) knowingly and willfully accept cargo from or
transport cargo for the account of a non-vessel-operating
common carrier that does not have a tariff as required by
section 40501 of this title, or an ocean transportation
intermediary that does not have a bond, insurance, or other
surety as required by section 40902 of this title;'';
(B) in paragraph (12), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(13) continue to participate simultaneously in a rate
discussion agreement and an agreement to share vessels, in
the same trade, if the interplay of the authorities exercised
by the specified agreements is likely, by a reduction in
competition, to produce an unreasonable reduction in
transportation service or an unreasonable increase in
transportation cost.''; and
(3) by adding at the end the following:
``(b) Rule of Construction.--Notwithstanding any other
provision of law, there is no private right of action to
enforce the prohibition under subsection (a)(13).
``(c) Agreement Violation.--Participants in an agreement
found by the Commission to violate subsection (a)(13) shall
have 90 days from the date of such Commission finding to
withdraw from the agreement as necessary to comply with that
subsection.''.
(b) Application.--Section 41104(a)(13) of title 46, United
States Code, as amended, shall apply to any agreement filed
or with an effective date before, on, or after the date of
enactment of this Act.
SEC. 709. NEGOTIATIONS.
(a) Concerted Action.--Section 41105 of title 46, United
States Code, is amended--
(1) by redesignating paragraphs (5) through (8) as
paragraphs (7) through (10), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) negotiate with a tug or towing vessel service
provider on any matter relating to rates or services provided
within the United States by those tugs or towing vessels;
``(6) with respect to a vessel operated by an ocean common
carrier within the United States, negotiate for the purchase
of certain covered services, unless the negotiations and any
resulting agreements are not in violation of the antitrust
laws and are consistent with the purposes of this part,
except that this paragraph does not prohibit the setting and
publishing of a joint through rate by a conference, joint
venture, or association of ocean common carriers;''.
(b) Authority.--Chapter 411 of title 46, United States
Code, is amended--
(1) by inserting after section 41105 the following:
``Sec. 41105A. Authority
``Nothing in section 41105, as amended by the Federal
Maritime Commission Authorization Act of 2017, shall be
construed to limit the authority of the Department of Justice
regarding antitrust matters.''; and
(2) in the analysis at the beginning of chapter 411, by
inserting after the item relating to section 41105 the
following:
``41105A. Authority.''.
(c) Exemption.--Section 40307(b)(1) of title 46, United
States Code, is amended by inserting ``tug operators,'' after
``motor carriers,''.
SEC. 710. INJUNCTIVE RELIEF SOUGHT BY THE COMMISSION.
(a) In General.--Section 41307(b) of title 46, United
States Code is amended--
(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.''.
[[Page H9631]]
(b) Application.--Section 41307(b) of title 46, United
States Code, as amended, shall apply to any agreement filed
or with an effective date before, on, or after the date of
enactment of this Act.
SEC. 711. DISCUSSIONS.
(a) In General.--Section 303 of title 46, United States
Code, is amended to read as follows:
``Sec. 303. Meetings
``(a) In General.--The Federal Maritime Commission shall be
deemed to be an agency for purposes of section 552b of title
5.
``(b) Record.--The Commission, through its secretary, shall
keep a record of its meetings and the votes taken on any
action, order, contract, or financial transaction of the
Commission.
``(c) Nonpublic Collaborative Discussions.--
``(1) In general.--Notwithstanding section 552b of title 5,
a majority of the Commissioners may hold a meeting that is
not open to public observation to discuss official agency
business if--
``(A) no formal or informal vote or other official agency
action is taken at the meeting;
``(B) each individual present at the meeting is a
Commissioner or an employee of the Commission;
``(C) at least 1 Commissioner from each political party is
present at the meeting, if applicable; and
``(D) the General Counsel of the Commission is present at
the meeting.
``(2) Disclosure of nonpublic collaborative discussions.--
Except as provided under paragraph (3), not later than 2
business days after the conclusion of a meeting under
paragraph (1), the Commission shall make available to the
public, in a place easily accessible to the public--
``(A) a list of the individuals present at the meeting; and
``(B) a summary of the matters discussed at the meeting,
except for any matters the Commission properly determines may
be withheld from the public under section 552b(c) of title 5.
``(3) Exception.--If the Commission properly determines
matters may be withheld from the public under section 555b(c)
of title 5, the Commission shall provide a summary with as
much general information as possible on those matters
withheld from the public.
``(4) Ongoing proceedings.--If a meeting under paragraph
(1) directly relates to an ongoing proceeding before the
Commission, the Commission shall make the disclosure under
paragraph (2) on the date of the final Commission decision.
``(5) Preservation of open meetings requirements for agency
action.--Nothing in this subsection may be construed to limit
the applicability of section 552b of title 5 with respect to
a meeting of the Commissioners other than that described in
this subsection.
``(6) Statutory construction.--Nothing in this subsection
may be construed--
``(A) to limit the applicability of section 552b of title 5
with respect to any information which is proposed to be
withheld from the public under paragraph (2)(B) of this
subsection; or
``(B) to authorize the Commission to withhold from any
individual any record that is accessible to that individual
under section 552a of title 5.''.
(b) Table of Contents.--The analysis at the beginning of
chapter 3 of title 46, United States Code, is amended by
amending the item relating to section 303 to read as follows:
``303. Meetings.''.
SEC. 712. TRANSPARENCY.
(a) In General.--Beginning not later than 60 days after the
date of enactment of this Act, the Federal Maritime
Commission shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives biannual reports that describe the
Commission's progress toward addressing the issues raised in
each unfinished regulatory proceeding, regardless of whether
the proceeding is subject to a statutory or regulatory
deadline.
(b) Format of Reports.--Each report under subsection (a)
shall, among other things, clearly identify for each
unfinished regulatory proceeding--
(1) the popular title;
(2) the current stage of the proceeding;
(3) an abstract of the proceeding;
(4) what prompted the action in question;
(5) any applicable statutory, regulatory, or judicial
deadline;
(6) the associated docket number;
(7) the date the rulemaking was initiated;
(8) a date for the next action; and
(9) if a date for next action identified in the previous
report is not met, the reason for the delay.
SEC. 713. STUDY OF BANKRUPTCY PREPARATION AND RESPONSE.
(a) Study.--The Comptroller General of the United States
shall conduct a study that examines the immediate aftermath
of a major ocean carrier bankruptcy and its impact through
the supply chain. The study shall consider any financial
mechanisms that could be used to mitigate the impact of any
future bankruptcy events on the supply chain.
(b) Report.--No later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing the findings,
conclusions, and recommendations, if any, from the study
required under subsection (a).
SEC. 714. AGREEMENTS UNAFFECTED.
Nothing in this Act may be construed--
(1) to limit or amend the definition of ``agreement'' in
section 40102(1) of title 46, United States Code, with
respect to the exclusion of maritime labor agreements; or
(2) to apply to a maritime labor agreement (as defined in
section 40102(15) of that title).
TITLE VIII--MISCELLANEOUS
SEC. 801. REPEAL OF OBSOLETE REPORTING REQUIREMENT.
Subsection (h) of section 888 of the Homeland Security Act
of 2002 (6 U.S.C. 468) is repealed.
SEC. 802. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD
AUTHORIZATION ACTS.
Section 604(b) of the Howard Coble Coast Guard and Maritime
Transportation Act of 2014 (Public Law 113-281; 128 Stat.
3061) is amended by inserting ``and fishery endorsement''
after ``endorsement''.
SEC. 803. OFFICER EVALUATION REPORT.
(a) In General.--Not later than 3 years after the date of
the enactment of this Act, the Commandant of the Coast Guard
shall reduce lieutenant junior grade evaluation reports to
the same length as an ensign or place lieutenant junior grade
evaluations on an annual schedule.
(b) Surveys.--Not later than 1 year after the date of the
enactment of this Act, the Commandant of the Coast Guard
shall conduct surveys of--
(1) outgoing promotion board members and assignment
officers to determine, at a minimum--
(A) which sections of the officer evaluation report were
most useful;
(B) which sections of the officer evaluation report were
least useful;
(C) how to better reflect high performers; and
(D) any recommendations for improving the officer
evaluation report; and
(2) at least 10 percent of the officers from each grade of
officers from O1 to O6 to determine how much time each member
of the rating chain spends on that member's portion of the
officer evaluation report.
(c) Revisions.--
(1) In general.--Not later than 4 years after the date of
the completion of the surveys required by subsection (b), the
Commandant of the Coast Guard shall revise the officer
evaluation report, and provide corresponding directions,
taking into account the requirements under paragraph (2).
(2) Requirements.--In revising the officer evaluation
report under paragraph (1), the Commandant shall--
(A) consider the findings of the surveys under subsection
(b);
(B) improve administrative efficiency;
(C) reduce and streamline performance dimensions and
narrative text;
(D) eliminate redundancy with the officer specialty
management system and any other record information systems
that are used during the officer assignment or promotion
process;
(E) provide for fairness and equity for Coast Guard
officers with regard to promotion boards, selection panels,
and the assignment process; and
(F) ensure officer evaluation responsibilities can be
accomplished within normal working hours--
(i) to minimize any impact to officer duties; and
(ii) to eliminate any need for an officer to take liberty
or leave for administrative purposes.
(d) Report.--
(1) In general.--Not later than 545 days after the date of
the enactment of this Act, the Commandant of the Coast Guard
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the surveys under
subsection (b).
(2) Format.--The report under paragraph (1) shall be
formatted by each rank, type of board, and position, as
applicable.
SEC. 804. EXTENSION OF AUTHORITY.
Section 404 of the Coast Guard Authorization Act of 2010
(Public Law 111-281; 124 Stat. 2950) is amended--
(1) in subsection (a), in the text preceding paragraph (1),
by striking ``sections 3304, 5333, and 5753'' and inserting
``section 3304''; and
(2) by striking subsection (b), and redesignating
subsection (c) as subsection (b).
SEC. 805. COAST GUARD ROTC PROGRAM.
Not later than 1 year after the date of enactment of this
Act, the Commandant of the 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).
[[Page H9632]]
SEC. 807. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL
SEARCH AND RESPONSE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Commandant of the Coast Guard
shall establish a Center of Expertise for Great Lakes Oil
Spill Preparedness and Response (referred to in this section
as the ``Center of Expertise'') in accordance with section
313 of title 14, United States Code, as amended by this Act.
(b) Location.--The Center of Expertise shall be located in
close proximity to--
(1) critical crude oil transportation infrastructure on and
connecting the Great Lakes, such as submerged pipelines and
high-traffic navigation locks; and
(2) an institution of higher education with adequate
aquatic research laboratory facilities and capabilities and
expertise in Great Lakes aquatic ecology, environmental
chemistry, fish and wildlife, and water resources.
(c) Functions.--The Center of Expertise shall--
(1) monitor and assess, on an ongoing basis, the current
state of knowledge regarding freshwater oil spill response
technologies and the behavior and effects of oil spills in
the Great Lakes;
(2) identify any significant gaps in Great Lakes oil spill
research, including an assessment of major scientific or
technological deficiencies in responses to past spills in the
Great Lakes and other freshwater bodies, and seek to fill
those gaps;
(3) conduct research, development, testing, and evaluation
for freshwater oil spill response equipment, technologies,
and techniques to mitigate and respond to oil spills in the
Great Lakes;
(4) educate and train Federal, State, and local first
responders located in Coast Guard District 9 in--
(A) the incident command system structure;
(B) Great Lakes oil spill response techniques and
strategies; and
(C) public affairs; and
(5) work with academic and private sector response training
centers to develop and standardize maritime oil spill
response training and techniques for use on the Great Lakes.
(d) Definition.--In this section, the term ``Great Lakes''
means Lake Superior, Lake Michigan, Lake Huron, Lake Erie,
and Lake Ontario.
SEC. 808. PUBLIC SAFETY ANSWERING POINTS AND MARITIME SEARCH
AND RESCUE COORDINATION.
Not later than 180 days after the date of the enactment of
this Act--
(1) the Secretary of the department in which the Coast
Guard is operating acting through the Commandant of the Coast
Guard shall review Coast Guard policies and procedures for
public safety answering points and search-and-rescue
coordination with State and local law enforcement entities in
order to--
(A) further minimize the possibility of maritime 911 calls
being improperly routed; and
(B) assure the Coast Guard is able to effectively carry out
the Coast Guard's maritime search and rescue mission; and
(2) the Commandant shall--
(A) formulate a national maritime public safety answering
points policy; and
(B) submit a report to the Congress on such assessment and
policy, which shall include an update to the report submitted
in accordance with section 233 of the Howard Coble Coast
Guard and Maritime Transportation Act of 2014.
SEC. 809. SHIP SHOAL LIGHTHOUSE TRANSFER: REPEAL.
Effective January 1, 2021, section 27 of the Coast Guard
Authorization Act of 1991 (Public Law 102-241; 105 Stat.
2218) is repealed.
SEC. 810. LAND EXCHANGE, AYAKULIK ISLAND, ALASKA.
(a) Land Exchange; Ayakulik Island, Alaska.--If the owner
of Ayakulik Island, Alaska, offers to exchange the Island for
the Tract--
(1) within 10 days after receiving such offer, the
Secretary shall provide notice of the offer to the
Commandant;
(2) within 90 days after receiving the notice under
paragraph (1), the Commandant shall develop and transmit to
the Secretary proposed operational restrictions on commercial
activity conducted on the Tract, including the right of the
Commandant to--
(A) order the immediate termination, for a period of up to
72 hours, of any activity occurring on or from the Tract that
violates or threatens to violate one or more of such
restrictions; or
(B) commence a civil action for appropriate relief,
including a permanent or temporary injunction enjoining the
activity that violates or threatens to violate such
restrictions;
(3) within 90 days after receiving the proposed operational
restrictions from the Commandant, the Secretary shall
transmit such restrictions to the owner of Ayakulik Island;
and
(4) within 30 days after transmitting the proposed
operational restrictions to the owner of Ayakulik Island, and
if the owner agrees to such restrictions, the Secretary shall
convey all right, title, and interest of the United States in
and to the Tract to the owner, subject to an easement granted
to the Commandant to enforce such restrictions, in exchange
for all right, title, and interest of such owner in and to
Ayakulik Island.
(b) Boundary Revisions.--The Secretary may make technical
and conforming revisions to the boundaries of the Tract
before the date of the exchange.
(c) Public Land Order.--Effective on the date of an
exchange under subsection (a), Public Land Order 5550 shall
have no force or effect with respect to submerged lands that
are part of the Tract.
(d) Failure to Timely Respond to Notice.--If the Commandant
does not transmit proposed operational restrictions to the
Secretary within 30 days after receiving the notice under
subsection (a)(1), the Secretary shall, by not later than 60
days after transmitting such notice, convey all right, title,
and interest of the United States in and to the Tract to the
owner of Ayakulik Island in exchange for all right, title,
and interest of such owner in and to Ayakulik Island.
(e) CERCLA Not Affected.--This section and an exchange
under this section shall not be construed to limit the
application of or otherwise affect section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)).
(f) Definitions.--In this section:
(1) Commandant.--The term ``Commandant'' means the
Secretary of the department in which the Coast Guard is
operating, acting through the Commandant of the Coast Guard.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tract.--The term ``Tract'' means the land (including
submerged land) depicted as ``PROPOSED PROPERTY EXCHANGE
AREA'' on the survey titled ``PROPOSED PROPERTY EXCHANGE
PARCEL'' and dated 3/22/17.
SEC. 811. USE OF TRACT 43.
Section 524(e)(2) of the Pribilof Island Transition
Completion Act of 2016 (Public Law 114-120), as amended by
section 3533 of the Pribilof Island Transition Completion
Amendments Act of 2016 (subtitle B of title XXXV of Public
Law 114-328), is amended by--
(1) striking ``each month'' and inserting ``each April and
October''; and
(2) striking ``previous month'' and inserting ``previous
six months''.
SEC. 812. COAST GUARD MARITIME DOMAIN AWARENESS.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall seek to enter into an
arrangement with the National Academy of Sciences not later
than 60 days after the date of the enactment of this Act
under which the Academy shall prepare an assessment of
available unmanned, autonomous, or remotely controlled
maritime domain awareness technologies for use by the Coast
Guard.
(b) Assessment.--The assessment shall--
(1) describe the potential limitations of current and
emerging unmanned technologies used in the maritime domain
for--
(A) ocean observation;
(B) vessel monitoring and identification;
(C) weather observation;
(D) to the extent practicable for consideration by the
Academy, intelligence gathering, surveillance, and
reconnaissance; and
(E) communications;
(2) examine how technologies described in paragraph (1) can
help prioritize Federal investment by examining;
(A) affordability, including acquisition, operations, and
maintenance;
(B) reliability;
(C) versatility;
(D) efficiency; and
(E) estimated service life and persistence of effort; and
(3) analyze whether the use of new and emerging maritime
domain awareness technologies can be used to--
(A) carry out Coast Guard missions at lower costs;
(B) expand the scope and range of Coast Guard maritime
domain awareness;
(C) allow the Coast Guard to more efficiently and
effectively allocate Coast Guard vessels, aircraft, and
personnel; and
(D) identify adjustments that would be necessary in Coast
Guard policies, procedures, and protocols to incorporate
unmanned technologies to enhance efficiency.
(c) Report to Congress.--Not later than 1 year after
entering into an arrangement 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--
[[Page H9633]]
(1) the need for the project is a result of the completion
of construction with respect to a federally authorized
navigation channel;
(2) the Commandant determines, through an appropriate
navigation safety analysis, that the project is necessary to
ensure safe marine transportation;
(3) the Commandant approves the design of the project to
ensure that it meets all applicable Coast Guard aids-to-
navigation standards and requirements;
(4) the non-Federal entity agrees to transfer the project
upon completion to the Coast Guard for operation and
maintenance by the Coast Guard as a Federal aid to
navigation;
(5) the non-Federal entity carries out the project in
accordance with the same laws and regulations that would
apply to the Coast Guard if the Coast Guard carried out the
project, including obtaining all permits required for the
project under Federal and State law; and
(6) the Commandant determines that the project satisfies
such additional requirements as may be established by the
Commandant.
(c) Limitations.--Reimbursements under subsection (a) may
not exceed the following:
(1) For a single covered project, $5,000,000.
(2) For all covered projects in a single fiscal year,
$5,000,000.
(d) Expiration.--The authority granted under this section
shall expire on the date that is 4 years after the date of
enactment of this section.
(e) Covered Project Defined.--In this section, the term
``covered project'' means a project carried out--
(1) by a non-Federal entity to construct and establish an
aid to navigation that facilitates safe and efficient marine
transportation on a Federal navigation project authorized by
title I of the Water Resources Development Act of 2007
(Public Law 110-114); and
(2) in an area that was affected by Hurricane Harvey.
SEC. 815. TOWING SAFETY MANAGEMENT SYSTEM FEES.
(a) Review.--The Commandant of the Coast Guard shall--
(1) review and compare the costs to the Government of--
(A) towing vessel inspections performed by the Coast Guard;
and
(B) such inspections performed by a third party; and
(2) based on such review and comparison, determine whether
the costs to the Government of such inspections performed by
a third party are different than the costs to the Government
of such inspections performed by the Coast Guard.
(b) Revision of Fees.--If the Commandant determines under
subsection (a) that the costs to the Government of such
inspections performed by a third party are different than the
costs to the Government of such inspections performed by the
Coast Guard, then the Commandant shall revise the fee
assessed by the Coast Guard for such inspections as necessary
to conform to the requirements under section 9701 of title
31, United States Code, that such fee be based on the cost to
the Government of such inspections and accurately reflect
such costs.
SEC. 816. OIL SPILL DISBURSEMENTS AUDITING AND REPORT.
Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C.
2712) is amended--
(1) by repealing subsection (g);
(2) in subsection (l)(1), by striking ``Within one year
after the date of enactment of the Coast Guard Authorization
Act of 2010, and annually thereafter,'' and inserting ``Each
year, on the date on which the President submits to Congress
a budget under section 1105 of title 31, United States
Code,''; and
(3) by amending subsection (l)(2) to read as follows:
``(2) Contents.--The report shall include--
``(A) a list of each incident that--
``(i) occurred in the preceding fiscal year; and
``(ii) resulted in disbursements from the Fund, for removal
costs and damages, totaling $500,000 or more;
``(B) a list of each incident that--
``(i) occurred in the fiscal year preceding the preceding
fiscal year; and
``(ii) resulted in disbursements from the Fund, for removal
costs and damages, totaling $500,000 or more; and
``(C) an accounting of any amounts reimbursed to the Fund
in the preceding fiscal year that were recovered from a
responsible party for an incident that resulted in
disbursements from the Fund, for removal costs and damages,
totaling $500,000 or more.''.
SEC. 817. FLEET REQUIREMENTS ASSESSMENT AND STRATEGY.
(a) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the department in
which the Coast Guard is operating, in consultation with
interested Federal and non-Federal stakeholders, shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
including--
(1) an assessment of Coast Guard at-sea operational fleet
requirements to support its statutory missions established in
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.); and
(2) a strategic plan for meeting the requirements
identified under paragraph (1).
(b) Contents.--The report under subsection (a) shall
include--
(1) an assessment of--
(A) the extent to which the Coast Guard at-sea operational
fleet requirements referred to in subsection (a)(1) are
currently being met;
(B) the Coast Guard's current fleet, its operational
lifespan, and how the anticipated changes in the age and
distribution of vessels in the fleet will impact the ability
to meet at-sea operational requirements;
(C) fleet operations and recommended improvements to
minimize costs and extend operational vessel life spans; and
(D) the number of Fast Response Cutters, Offshore Patrol
Cutters, and National Security Cutters needed to meet at-sea
operational requirements as compared to planned acquisitions
under the current programs of record;
(2) an analysis of--
(A) how the Coast Guard at-sea operational fleet
requirements are currently met, including the use of the
Coast Guard's current cutter fleet, agreements with partners,
chartered vessels, and unmanned vehicle technology; and
(B) whether existing and planned cutter programs of record
(including the Fast Response Cutter, Offshore Patrol Cutter,
and National Security Cutter) will enable the Coast Guard to
meet at-sea operational requirements; and
(3) a description of--
(A) planned manned and unmanned vessel acquisition; and
(B) how such acquisitions will change the extent to which
the Coast Guard at-sea operational requirements are met.
(c) Consultation and Transparency.--
(1) Consultation.--In consulting with the Federal and non-
Federal stakeholders under subsection (a), the Secretary of
the department in which the Coast Guard is operating shall--
(A) provide the stakeholders with opportunities for input--
(i) prior to initially drafting the report, including the
assessment and strategic plan; and
(ii) not later than 3 months prior to finalizing the
report, including the assessment and strategic plan, for
submission; and
(B) document the input and its disposition in the report.
(2) Transparency.--All input provided under paragraph (1)
shall be made available to the public.
(d) Ensuring Maritime Coverage.--In order to meet Coast
Guard mission requirements for search and rescue, ports,
waterways, and coastal security, and maritime environmental
response during recapitalization of Coast Guard vessels, the
Coast Guard shall ensure continuity of the coverage, to the
maximum extent practicable, in the locations that may lose
assets.
SEC. 818. NATIONAL SECURITY CUTTER.
(a) Standard Method for Tracking.--The Commandant of the
Coast Guard may not certify an eighth National Security
Cutter as Ready for Operations before the date on which the
Commandant provides to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate--
(1) a notification of a new standard method for tracking
operational employment of Coast Guard major cutters that does
not include time during which such a cutter is away from its
homeport for maintenance or repair; and
(2) a report analyzing cost and performance for different
approaches to achieving varied 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
[[Page H9634]]
(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
(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.
[[Page H9635]]
(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 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--
[[Page H9636]]
``(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) 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).
[[Page H9637]]
(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 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--
[[Page H9638]]
``(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);
``(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--
[[Page H9639]]
``(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--
``(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
[[Page H9640]]
``(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.
``(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
[[Page H9641]]
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 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
[[Page H9642]]
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).
``(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)--
[[Page H9643]]
``(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 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.
[[Page H9644]]
``(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
``(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--
``(I) establish procedures for--
``(aa) reporting violations of this section; and
``(bb) accumulating evidence regarding those violations;
and
[[Page H9645]]
``(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))).
(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
[[Page H9646]]
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.
``(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.''.
[[Page H9647]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Shuster) and the gentleman from Oregon (Mr. DeFazio)
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. SHUSTER. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include any extraneous material on S. 140.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. SHUSTER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am very proud to come to the floor tonight, not only
with another Coast Guard reauthorization bill, but it will be the last
bill I will pass and the Committee on Transportation and Infrastructure
will pass, as my chairmanship expires and I leave Congress here at the
end of the year. So it is a proud moment for me.
I am especially proud that S. 140 was named the Frank LoBiondo Coast
Guard Authorization Act of 2018.
This is a product of bicameral and bipartisan efforts. The Coast
Guard is an armed service with a very difficult mission: to enforce all
Federal laws on, under, and over the high seas in the jurisdiction of
the United States.
This bill supports the Coast Guard and its servicemembers by
authorizing funding for fiscal year 2018 and 2019.
The legislation includes three bills reported from the Transportation
and Infrastructure Committee: the Coast Guard Improvement Reform Act of
2017; the Coast Guard Authorization Act of 2017; and the Federal
Maritime Commission Authorization Act of 2017.
The bill promotes commercial and recreational vessel safety, protects
the environment, modernizes Coast Guard administration laws, and
provides protection for American business in regard to foreign shipping
alliances.
{time} 1815
Once again, it authorizes a heavy icebreaker to be purchased by the
Coast Guard. We just hope the appropriators find the funding to do that
for a much-needed icebreaker.
The bill is named for our colleague, Frank LoBiondo, who previously
served as chairman and ranking member of the Coast Guard and Maritime
Transportation Subcommittee during five different Congresses. His
leadership on the subcommittee translated into many legislative
victories for the Coast Guard and their hardworking Coast Guard
members. So it is absolutely fitting to name this after Frank LoBiondo.
Mr. Speaker, I urge all Members to support the Frank LoBiondo Coast
Guard Reauthorization Act by voting ``yes'' on S. 140, and I reserve
the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in full support of S. 140, legislation that we
have been somewhat patiently waiting for the Senate to move on for over
a year. This legislation incorporates three different bills passed and
reported by the Transportation and Infrastructure Committee last year:
H.R. 2518, the Coast Guard Authorization Act of 2017; H.R. 1726, the
Coast Guard Improvement and Reform Act; and H.R. 2593, the Federal
Maritime Commission Authorization Act.
This is going to provide both positive improvements in maritime
policy, help with the competitiveness of the U.S. maritime industry,
and it is going to be of substantial assistance to the Coast Guard.
There are issues where we had some disagreement. It is not a perfect
bill, but I am pleased to support it, and I urge all Members to support
it.
I am particularly pleased with the 2-year authorized funding levels
for the Coast Guard. It has been hurt over a number of years. Their
budget has been too thin, and cuts imposed by the
[[Page H9648]]
Budget Control Act have been harmful. So this is a reasonable--not
optimal--funding level, but it will meet both the acquisition and
operational needs, and the Appropriations Committee will have the
capability of meeting the targets we have set.
It would have a rigorous new process before the Coast Guard can
permanently close any air facility it operates. In my home State of
Oregon there was a rather sudden announcement of a closure of an air
facility in the mid-coast, Newport, in Representative Schrader's
district. The waters of the Pacific are extraordinarily cold year-
round. Survival times are not long, and we were putting mariners--both
recreational, commercial, and others--at risk. So we have now imposed a
new process. There will have to be an extensive public review
justification, and then Congress will also have time to review,
evaluate, and, if necessary, reject future proposed closures.
I also support a provision in the bill that will allow certificates
of documentation to be renewed on a multiyear basis. The Coast Guard
has had a backlog forever on certificates of documentation, and they
are annual. The rationale has been, well, we need to know your home
port every year. We are going to have a process where you can get a 5-
year certificate, and then if you change your home port, you have to
report it within a certain number of days to the Coast Guard. That
solves that issue.
There was a long-discussed provision that was very controversial on
the Senate side on the Vessel Incidental Discharge Act. We came up with
a compromise. Again, I don't know that it is optimal, but we can live
with it. It sets strict technological standards for vessel discharges
under the Clean Water Act to protect local waters, minimizing the
introduction and spread of aquatic invasive species to where it was
becoming an incredibly expensive and difficult problem. We don't need
to spread anymore. It establishes a uniform national standard for
ballast water treatment that will be developed both by the EPA and the
Coast Guard to aid commercial carriers in movement of goods by
providing regulatory certainty throughout the United States. It retains
a significant role for individual States and citizens to protect their
local waters, which has been a critical sticking point in prior efforts
to pass this measure.
So under this proposal, States are guaranteed the ability to co-
enforce and oversee implementation of the vessel discharge program,
petition the EPA and Coast Guard to strengthen ballast discharge
standard, should technologies that are more stringent become
commercially available, and call for the establishment of no discharge
zones in important and sensitive State waters, similar to those
currently available for marine sewage. That, again, was not necessarily
optimal, but I think it is workable and protects the interests of the
State and our precious resources.
I want to acknowledge the chairman and thank him. This will be the
last bill he manages on the floor. He has imposed regular order on the
Transportation and Infrastructure Committee with the water resources
development bills, the first long-term FAA bill in three decades, and
now an excellent Coast Guard authorization in addition to other
products.
I would like to also thank my ranking member--soon, perhaps,
depending on where he decides to go--chairman of this subcommittee for
his contributions. This is the third time that John Garamendi has
worked with the Republicans to deliver a good Coast Guard bill during
his tenure. So, all in all, this is a strangely productive day for the
House of Representatives, and I am proud to be here.
Mr. Speaker, I reserve the balance of my time.
Mr. SHUSTER. Mr. Speaker, I yield 2 minutes to the gentleman from
Florida (Mr. Mast), who is the chairman of the Coast Guard and Maritime
Transportation Subcommittee.
Mr. MAST. Mr. Speaker, I thank the chairman for yielding me time to
speak in support of this act named after our friend, Frank LoBiondo. I
thank the gentleman also for his time as chairman of the full
committee.
As a Representative of Florida, the State with the second largest
coastline in the country, I do have a profound respect for the men and
women of the U.S. Coast Guard, and as a veteran as well. It has been an
honor to work on such a bipartisan committee, which likewise has been
filled with members who support the Coast Guard across a diverse set of
evolving mission sets.
Every hour of every day the Coast Guard protects America's waterways.
They promote a healthy environment, they ensure the safety of mariners,
they enforce our laws, they keep us safe from piracy, and they keep us
safe from smugglers.
Day in and day out I have had the opportunity to see some of their
work firsthand. Recently I met with a search and rescue team in
Pollocksville, North Carolina, as they worked tirelessly on behalf of
communities impacted by Hurricane Florence. I see my local Coasties in
places like Fort Pierce. I see them saving mariners young and old,
those lost at sea. There is no doubt that their selfless heroism and
their decisive work saved many lives in the Carolinas, just as it did
in Florida's Panhandle after Michael and across the Nation, wherever
disaster befalls us.
I am proud to support this bill, which also authorizes $10.6 billion
to strengthen and support the U.S. Coast Guard in its invaluable
defense of our waterways and of our homeland.
I am especially glad to see the inclusion of my bill, the Jupiter
Island Land Transfer Act. This provision will finally resolve a
decades-old conservation issue in my district and transfer four
critical acres of unused Coast Guard property to the Hobe Sound
National Wildlife Refuge to ensure the endangered turtles will continue
to thrive. By protecting this land, we are doing our part to help
ensure that the natural beauty of the Treasure Coast is maintained and
continues to be the driver of our economy for many decades to come.
Mr. Speaker, I ask my colleagues to join me in supporting the brave
and hardworking men and women of the U.S. Coast Guard and their
indispensable work by supporting the Frank LoBiondo Coast Guard
Authorization Act.
Mr. DeFAZIO. Mr. Speaker, I yield 4 minutes to the gentleman from
California (Mr. Garamendi), who is the ranking member.
Mr. GARAMENDI. Mr. Speaker, I will make this very brief. I know we
are up against the clock here.
Mr. Speaker, I thank Mr. Shuster so very much for chairing the
committee during my tenure on it and Mr. DeFazio, also, for his
leadership. I want to also express my appreciation to the new chair, as
well as the previous chair of the subcommittee, Mr. Hunter, with whom I
was able to work over the last 3 years.
Essentially, this is a good bill. It covers the things that the Coast
Guard needs. It increases their funding to a level that is necessary.
The title of the bill is proper. We all thank Mr. LoBiondo for his many
years of service.
There are a couple of things about the bill that I do want to speak
to, and that is we have in the bill a backup system for the GPS that we
so much rely upon now. It is finally going to get into the legislation.
We also move forward with Blue Technologies and the autonomous, both
air and underwater, vehicles that are going to be necessary for the
Coast Guard to fully carry out its responsibilities.
Beyond that there are some things in the bill that are a compromise.
I want to point one out that is very important, and that is section 834
to which I continue to object. This is a bill that actually allows for
an aged wooden ship to ply the waters of the Mississippi. The Coast
Guard correctly states that this vessel, constructed primarily of wood,
and operating the overnight passenger trade, presents an unacceptable
fire risk to its passengers and crew, and, accordingly, the Coast Guard
is opposed to this particular section. It is unfortunate that is in the
bill.
Mr. Speaker, I include in the Record two letters, one from the
Department of Homeland Security and another one from the National
Volunteer Fire Council.
[[Page H9649]]
Assistant Secretary for Legislative Affairs,
U.S. Department of Homeland Security,
Washington, DC, June 28, 2017.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Representative Shuster: This letter sets forth
Department of Homeland Security (DHS) views with regard to S.
89, a bill ``[t]o amend title 46, United States Code, to
exempt old vessels that only operate within inland waterways
from the fire-retardant materials requirement if the owners
of such vessels make annual structural alterations to at
least 10 percent of the areas of the vessels that are not
constructed of fire-retardant materials and for other
purposes.''
Notwithstanding the form in which S. 89 is drafted, only
one vessel, the Steamer DELTA QUEEN, would be eligible for
the exemption. Because of the advanced age, construction, and
configuration of the Steamer DELTA QUEEN, the vessel
represents an unacceptable degree of fire safety risk to its
passengers and crew. Given the risk that a marine casualty
aboard the Steamer DELTA QUEEN poses to life, property, and
infrastructure, the DHS must oppose S. 89.
Background:
The Steamer DELTA QUEEN is a 20th century vessel, the
superstructure of which is constructed of wood. The vessel's
boilers are original and open directly to the wood
superstructure. Uniquely, the vessel's configuration has been
altered such that the sole means of egress is the stage
(gangway) on the bow.
In 1966, Congress stipulated that, ``no passenger vessel of
the United States . . . shall be granted a certificate of
inspection . . . unless the vessel is constructed of fire-
retardant materials (emphasis added).'' During the ensuing
decades, Congress temporarily delayed the effect of the
mandate as it would apply to the Steamer DELTA QUEEN five
separate times. Finally, in 2008, the temporary delay
expired, and the mandate was made applicable to the Steamer
DELTA QUEEN.
S. 89 would, once again, render the mandate inapplicable
with regard to the Steamer DELTA QUEEN, provided that the
vessel's owner or operator makes structural alterations to
those portions of the vessel that are not constructed of
fire-retardant materials.
Discussion:
The prospect of fire aboard the Steamer DELTA QUEEN while
underway cannot be readily dismissed. In 2008, the United
States Coast Guard's Traveling Inspector who was attending
the vessel for examination noted ``evidence of a lack of both
short- and long-term maintenance that adversely impacts the
safety of the vessel . . . [a]ll [of which has] to do with
unintended or excess but unnecessary fireload [sic] (emphasis
added).'' The fire load was concentrated in the lower decks
(i.e., the fire room, other mechanical areas, and the bilge,
as well as in other non-public spaces that, at the time, were
bare-wood compartments with no fire-rated insulation or
finish). This fact is significant inasmuch as the most likely
source of ignition would be the approximately 100-year-old
boilers. The boilers' footprint (height) is not wholly
contained within the steel hull; as such, the boilers open
directly to the aged and dry wood superstructure. Given that
the vessel itself is not divided by thermal and structural
boundaries, a fire within any one compartment could readily
spread horizontally and vertically. In a worst-case scenario,
a fire would begin in the boilers, overwhelm the vessel's
fire suppression system, and spread throughout the whole of
lower deck and into the berths and staterooms that sit atop
the lower decks. If so, the planned evacuation would be
hampered, if not precluded, because the only egress in the
present (and not original) configuration is via the stage
(gangway) on the bow, directly through the likely location of
the fire. And if the vessel's propulsion system too were to
fail during this scenario, the vessel could pose a threat to
other vessels and improvements on or above the navigable
waters.
Separately, DHS notes that 46 U.S.C. Sec. 3503(b)(1)(D)
requires the vessel's owner/operator to ``notify the Coast
Guard of structural alterations to the vessel, and with
regard to those alterations comply with any noncombustible
material requirements that the Coast Guard prescribes for
non-public spaces.'' However, as late as 2008, the Traveling
Inspector noted that:
Renovations, modifications[,] and or upgrades . . . were
found to be limited to those associated with the installed
sprinkler system only. Based on a review of Coast Guard
records . . . there is no evidence of further modifications
or structural fire protections upgrades since 1998 with most
activity tapering off after 9/11/2001. Some existing non-
public spaces, like the carpenter's shop[,] have been
improved by cleaning and organizing, which helps reduce the
fire load. Other non-public spaces, such as the laundry
room[,] still only show bare wood construction with varying
degrees of stainless steel similar to the galley, but as
indicated, the installations are not consistent throughout
with fire rating unknown.
The Coast Guard advises that, if it were to inspect the
Steamer DELTA QUEEN today, those non-public spaces would
likely still be found wanting.
Additionally, S. 89 includes a provision whereby passenger
vessels having berth or stateroom accommodations for at least
50 passengers shall only be granted a certificate of
inspection if, among other things, the vessel has multiple
forms of egress off the vessel's bow and stern. While
multiple forms of egress would be beneficial for the Steamer
DELTA QUEEN during the period while she is exercising the
proposed legislative exemption of S. 89, the implementation
of a new standard would likely result in an unsubstantiated
financial burden for the remainder of the passenger vessel
industry not equipped with multiple forms of egress.
Specifically, those vessels presently meeting the fire
retardant requirements are not required, under current
regulations, to meet a standard for multiple forms of egress
off the bow and stern. If S. 89 is enacted those vessel
owners and operators of presently compliant vessels, with
only one form of egress, will incur costs associated with
securing multiple forms of egress. Such costs will be borne
with no identified benefit; all while the vessel that would
benefit from multiple forms of egress, the Steamer DELTA
QUEEN would continue to benefit from an exemption to the new
standard.
Lastly, the DHS notes that S. 89 does not require the
owner/operator to install thermal and structural boundaries,
particularly about the boilers, and does not carry a monetary
or non-monetary penalty for failure to comply with the
proposed subparagraph (D) requirement. Given this infirmity,
and in light of the lack of past compliance or improvements,
DHS is not persuaded that allowing incremental alterations of
some percentage of the vessel represents a viable solution.
In light of the aforementioned, DHS is resigned to oppose
continuously any legislation that would provide any form of
statutory relief for the Steamer DELTA QUEEN.
The Office of Management and Budget advises that, from the
standpoint of the Administration's program, there is no
objection to the presentation of this letter to Congress.
I appreciate your interest in the Administration's concerns
and input, and I look forward to working with you on future
homeland security issues. An identical letter has been sent
to Representative DeFazio, Senator Thune, and Senator Nelson.
If I may be of further assistance, please contact me.
Respectfully,
Benjamin Cassidy,
Assistant Secretary for Legislative Affairs.
____
National Volunteer Fire Council
November 19, 2018.
Hon. Bill Shuster,
Chairman, House Committee on Transportation and
Infrastructure, Washington, DC.
Hon. Brian Mast,
Chairman, Coast Guard and Maritime Transportation
Subcommittee, Washington, DC.
Honorable Peter Defazio,
Ranking Member, House Committee on Transportation and
Infrastructure, Washington, DC.
Honorable John Garamendi,
Ranking Member, Coast Guard and Maritime Transportation
Subcommittee, Washington, DC.
Dear Chairman Shuster, Ranking Member DeFazio, Chairman
Mast, and Ranking Member Garamendi: On behalf of the National
Volunteer Fire Council (NVFC), which represents the interests
of the nation's volunteer fire, EMS, and rescue services, I
am writing in opposition to a provision that was included in
S. 140, legislation reauthorizing the U.S. Coast Guard, to
exempt from fire safety standards certain historical vessels
wishing to operate as cruise ships providing overnight
accommodations to passengers.
As the Department of Homeland Security
(DHS) stated last year in opposing this provision: ``The
use of wood construction, even when supplemented by other
fire safety measures, has failed time and again to provide an
acceptable level of safety for United States citizens carried
on board ships.'' Fire safety standards have a proven track
record of saving lives. Our members see this every day
responding to fires in structures with and without modern
fire safety protections. Fires occurring in updated
structures are far less likely to kill or injure occupants
and responders.
One of the greatest challenges that fire safety advocates
face is the belief that many people have that fire will never
happen to them. The widespread adoption and enforcement of
fire safety standards has led to a significant decrease in
the number of fires, fire-related deaths, and fire-related
injuries in vessels and structures in the United States, in
spite of the fact that the general public underestimates the
risk posed by fire. I am concerned not only that the fire
safety exemption in S. 140 will endanger the lives of the
passengers and crew members aboard historical vessels, but
also for the dangerous precedent that it sets.
If you have any questions regarding this communication
please contact Dave Finger, Chief of Legislative and
Regulatory Affairs.
Sincerely,
Kevin D. Quinn,
Chair.
Mr. GARAMENDI. With that, I think I have consumed all the time
allowed. I will simply close in this way: All in all this is our third
effort to successfully pass legislation. I see the majority counsel
over there. I thank John so very much for working with us. And on the
minority side David is an extraordinary individual. It has been a
pleasure working with him on this, the third
[[Page H9650]]
successful passage of the Coast Guard reauthorization.
Mr. Speaker, I rise to join my Chairman on the Transportation and
Infrastructure Committee, Congressman Bill Shuster, and my Ranking
Democrat Member on the Transportation Committee, Congressman Peter
DeFazio, to endorse and support S. 140, the Frank LoBiondo Coast Guard
Authorization Act of 2018.
The Coast Guard is a special Federal agency, one that is selfless in
service and highly proficient in its work. Ironically, the Coast Guard
also is an agency that is over-worked, under-resourced, and rarely
given the thanks that the men and women of the Coast Guard so rightly
deserve.
Today, with the passage of this legislation, we can say that we are
at last stepping up and authorizing funding levels commensurate with
the many demands we ask our Coast Guard to undertake. The 2.6 percent
increases for both fiscal years 2018 and 2019 will go far to address
the deferred needs of the Coast Guard.
This stands in sharp contrast to the folly of the Trump
administration's skinny budget for Fiscal Year 2017 that actually
sought to cut Coast Guard funding by $1.3 billion--a gross mistake if
there ever was one.
In general, I applaud Chairman Shuster and his staff, and Ranking
Member DeFazio and his staff, for their cooperative and collegial, yet
determined, negotiations with the other body to arrive at a final bill
that advances or clarifies several maritime policy initiatives,
improves Coast Guard administration and management, and enhances Coast
Guard mission readiness and capabilities.
I am particularly pleased that this legislation advances the Coast
Guard's future use of new technologies to improve maritime safety and
security and maritime domain awareness.
Chief among these is my provision to direct the Department of
Transportation to establish a reliable back-up timing system to
function should the positioning, navigation and timing signals
transmitted by GPS satellites be disrupted or degraded.
The loss of GPS signals has been characterized as a ``single point of
failure'' for national security and for critical infrastructure
systems. Simply stated, we no longer can afford to ignore this threat,
and I urge members to join me and support this legislation today.
The bill also institutes a new acquisition policy for the Coast Guard
to acquire unmanned aerial systems, or UAS. The inability of the Coast
Guard to acquire UAS systems for its National Security Cutters is a
chronic problem. Restricting the Coast Guard to acquire only systems
already acquired and proven effective by other military or non-military
agencies, should enable the Service to acquire a UAS system that meets
its mission needs without, as they say, ``re-creating the wheel.''
In addition, the bill directs the Coast Guard to sponsor a National
Academy of Science study on the status of unmanned, underwater vessels
and their potential as mission platforms for the Coast Guard,
especially for surveillance activities.
This study should help inform the work of the Coast Guard's Blue
Technology Center of Expertise that Congress authorized earlier this
year with the enactment of Public Law 115-265.
I also want to express my support for Title VII of the bill that
reauthorize the activities of the Federal Maritime Commission and enact
some important amendments to the Shipping Act made necessary by the
disruption and consolidation in the global container shipping market.
Overall, I am pleased that this legislation would authorize increased
funding levels for fiscal years 2018 and 2019 for the Federal Maritime
Commission. Increased funding should enable the Commission to improve
its capabilities to monitor shipping trades that remain turbulent.
The bankruptcy of Hanjin Lines in 2016 and the subsequent
consolidation of the few remaining ocean carriers into three large
alliances produced shock waves in global shipping markets. These new
alliances also sent shock waves to U.S. marine terminal operators, tug
operators, bunkering operators, and other marine service providers.
Title VII of this bill amends the Shipping Act to make some targeted
and strategic amendments to improve the legal standing of U.S. port
service providers. Additionally, this title strengthens the authority
of the Federal Maritime Commission to oversee and intervene, if
necessary, in future interactions between these alliances and U.S. port
service providers to ensure fair competition.
I support these amendments to the Shipping Act as a good first step.
I expect that these ideas will require additional refinement as the
process moves forward, especially on how best to protect confidential
and proprietary information gathered by the Federal Maritime Commission
to understand market dynamics. I am open to those discussions and look
forward to improving the bill.
I also want to express my support for Title IX of the bill that
establishes new authorities for the regulation of ballast water and
incidental discharges from commercial vessels.
While perhaps not perfect, the measure does provide for uniform
regulation of vessel discharges within the scope of the Clean Water
Act. In addition, the legislation addresses several important issues
raised by coastal states, none the least granting states the ability to
establish ``no discharge zones'' if necessary to protect sensitive
state waters.
In closing, this bill is non-controversial legislation that addresses
the interests of the Coast Guard and U.S. maritime industry. It also
addresses the needs of the members on both sides of the aisle, and both
sides of the Capitol. I support the legislation and urge its adoption.
Although I spoke earlier to express my full support for the
underlying bill, I rise now to express my strong opposition to a
provision that the Senate inserted into the legislation over my
objection.
The specific provision is section 834, Fire Retardant Materials.
Nothing could be further from the truth.
What this provision actually does is reinstate an exemption from a
longstanding fire safety requirement for passenger vessels carrying 50
or more people on overnight voyages to be constructed using fire
retardant materials.
And although the provision does not clearly state the vessel or
vessels that would benefit from this exemption, the reality is that
there is only one vessel, the Delta Queen, an aged paddlewheel
steamship whose superstructure is almost entirely built out of wood,
for which the exemption will apply.
In 2008, the 110th Congress decided--wisely in my view--not to renew
this ill-advised exemption for the Delta Queen in favor of upholding
maritime safety. It was the correct decision then, and it remains the
correct decision today.
I have little choice but to raise my objections to this provision
based on the manner by which the other body tacked it onto the Coast
Guard bill despite the fact that companion legislation introduced in
the House, H.R. 619, went nowhere.
This legislation would waive a critical maritime fire safety standard
and consequently expose the American public to overnight travel on a
vessel that the Coast Guard maintains is ``an unacceptable fire hazard
to passengers and crew.''
The Coast Guard's position remains clear and unequivocal. As stated
in its 2008 Special Inspection report, the Coast Guard found that ``The
combustible construction of the vessel presents an unacceptable fire
risk that cannot be mitigated by the addition of fire suppression
measures.''
The Coast Guard also concluded that, ``The vessel, constructed
primarily of wood and operating in the overnight passenger trade,
presents an unacceptable fire risk to its passengers and crew.''
Accordingly, the Coast Guard has been, and remains, opposed to
legislation to renew the exemption from fire safety standards for the
Delta Queen.
Mr. Speaker, I have included in the Record the administration's
views letter stating its opposition to S. 89, which is the underlying
provision in section 834.
This provision also has drawn opposition from the National Volunteer
Fire Council. The Council concludes that the ``fire safety exemption in
S. 140 will endanger the lives of passengers and crew members aboard
historical vessels, but also for the dangerous precedent it sets.''
Mr. Speaker, I have included in the Record the Council's letter
stating its opposition to section 834.
I commend the Coast Guard for upholding its fire safety standards. I
fail to see why it makes any sense for the other body to advance
legislation that would sharply contradict the Coast Guard's
recommendations and compromise maritime safety.
The American public trusts Congress to ensure that our nation's
transportation system remains the safest in the world. Section 834
violates that trust.
Mr. SHUSTER. Mr. Speaker, it is my honor to yield 2 minutes to the
gentleman from New Jersey (Mr. LoBiondo), who is the current chairman
of the Subcommittee on Aviation, the former chairman of the Coast Guard
and Maritime Transportation Subcommittee, and the namesake of this
bill.
Mr. LoBIONDO. Mr. Speaker, I thank Chairman Shuster for yielding.
It is an honor to have represented the Coast Guard's only recruit
training center in the Nation which is in my district. It is an honor
to have represented the Coast Guard Air Station in Atlantic City, which
is the largest helicopter air station that the Coast Guard has.
Most of all, I want to recognize the men and women of the Coast Guard
whom this bill will benefit. There are very few issues that have been
so bipartisan across the board in my time here
[[Page H9651]]
in Congress. When I first came, I didn't really understand the
commitment that the men and women of the Coast Guard continue to make
for our Nation, always being asked to do more and given less to do it.
In many respects I wish we could have done more over the years, but
to be able to move forward with a bill like this that is so bipartisan
I think speaks to our commitment as a legislative body to the men and
women to whom we owe so much that protect our country.
I want to particularly thank Geoff Gosselin who is now with the full
Transportation and Infrastructure Committee, but was on my staff for a
number of years and really did an amazing and outstanding job with
Coast Guard issues for me in helping me to understand them and move
them forward. So I want to thank all of my colleagues who have made
this day possible.
Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentleman from the
State of Washington (Mr. Larsen).
Mr. LARSEN of Washington. Mr. Speaker, I rise in support of the Frank
LoBiondo Coast Guard Authorization Act of 2018.
Protecting the maritime jobs of the hardworking Washingtonians in the
second district of my State, including at Dakota Creek Industries in
Anacortes, is a priority of mine. The passage of this legislation
supports U.S. maritime defense policy and sustains a strong domestic
shipbuilding industry. It is a win as well for the hundreds of men and
women at Dakota Creek Industries, which is a key contributor to our
regional economy.
I appreciate the coordination with Senator Cantwell, Senator
Sullivan, and Representative Don Young as we have worked for a year
and a half to find a path to save the hundreds of jobs at DCI.
I also want to thank my friend, Frank LoBiondo. It is fitting that
this bill is named for him, as he is a champion of all things
transportation. He has worked tirelessly for the people of New Jersey,
the people of his district, and for the people of this country to
ensure that we have an infrastructure system in this country that works
for all of them.
It has been an honor to serve with him for nearly two decades, and I
will miss the work of Representative Frank LoBiondo.
Mr. SHUSTER. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Hunter), who is the former chairman of the Subcommittee
on Coast Guard and Maritime Transportation and an advocate for the
Coast Guard.
Mr. HUNTER. Mr. Speaker, I first want to thank Chairman Shuster for
giving me the opportunity to serve for nearly 6 years as the chairman
of the Coast Guard and Maritime Transportation Subcommittee, and I
would like to thank him for yielding me time.
{time} 1830
Mr. Speaker, I rise in strong support of S. 140, the Frank LoBiondo
Coast Guard Authorization Act of 2018. Congressman LoBiondo is and has
been a tireless advocate for the men and women of the Coast Guard, and
there is no other name more fitting for this bill.
Let me run through a few of the things that I find extremely great
about this bill.
Title 9 contains the Vessel Incidental Discharge Act, legislation
that I have introduced for three consecutive Congresses. It was
compromised a little bit in the Senate but is still getting done.
Mr. Garamendi and I held many, many subcommittee hearings together.
He has been known to ask at the appropriate hearings about the backup
to GPS. This question is always met with blank stares. This bill makes
important progress on a backup GPS system.
Finally, specifically section 514 establishes this backup timing
component of the GPS system. That is no doubt thanks to Mr. Garamendi's
tireless work.
I am also pleased that the legislation establishes a land-based
unmanned aircraft system program for the Coast Guard. They have never
had their unmanned aerial vehicle program until now. They have had to
rely on other services or agencies for this important capability. These
additional UAS assets will strengthen the Coast Guard's ability to
interdict contraband and improve search and rescue missions.
During the last 6 years, we have held 46 hearings and five
roundtables. We have worked to protect the Jones Act and ensure that
our country has a strong maritime industrial base, including a skilled
pool of American shipyard workers and mariners who would be critical in
a time of conflict.
Earlier this year, Congress enacted legislation coming out of the
tragic El Faro accident to improve the safety of those American
mariners. We have also worked to reduce burdensome regulations that
harm U.S. maritime jobs and the competitiveness of the U.S. flag fleet.
We held joint hearings with the Committee on Homeland Security to
shed light on security vulnerabilities at our ports and sought to
enhance the screening of cargo entering our country and, with the Armed
Services Committee, to look at the shared missions of the Navy and the
Coast Guard in carrying out defense missions. We pushed the Coast Guard
to act like the military service that they are.
The subcommittee also took massive steps to modernize our Nation's
icebreaker fleet and to encourage the Navy and Coast Guard to have a
comprehensive plan for the Arctic.
Mr. Speaker, I want to end by thanking a few people. Some of the most
fulfilling work serving as the subcommittee chairman was forming strong
relationships with the men and women who guard our coasts. The Coast
Guard House Liaison Office and the Coast Guard fellows assigned to the
subcommittee over the last 6 years have represented their service well.
I would like to thank them for their hard work and camaraderie.
I also want to thank Congressman Garamendi for his friendship and
being such a strong partner on these issues.
Finally, I want to thank the subcommittee's staff director, John
Rayfield, and the exceptional committee staff who have been invaluable
as a resource and worked tirelessly to carry out the subcommittee's
mission.
With that, Mr. Speaker, I urge all Members to support the
legislation.
Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentleman from
Connecticut (Mr. Courtney).
Mr. COURTNEY. Mr. Speaker, I rise today in support of the Frank
LoBiondo Coast Guard Authorization Act of 2018.
This bill provides critical policy guidance to the Coast Guard as it
protects our Nation's shores and maritime interests. The bill increases
authorized funding levels, requires a review of our Arctic strategy and
the Coast Guard's ability to achieve it, and provides authority to
procure three new National Security Cutters.
The bill also includes a provision to ensure that public safety
answering points that respond to 911 calls from vehicles in distress
are trained to relay that information to the Coast Guard or tow
companies.
Sector Long Island Sound has been working with municipality dispatch
centers in Connecticut and New York to implement a training program to
route these calls. I want to thank Mystic towboat Captain Jeff Dziedzic
for bringing this issue to my attention and Congresswoman Esty for
working with my office last year to include this language in the bill.
Mr. Speaker, eastern Connecticut is the proud home of the U.S. Coast
Guard Academy and Coast Guard Station New London. Therefore, I am
particularly excited that this bill includes a provision that will help
boost construction of the future National Coast Guard Museum to be
built along the Thames River in New London. In particular, it
authorizes engineering and design work to be performed by the Coast
Guard in this project.
The Coast Guard is the only military service without its own museum.
Under the leadership of Jim Coleman, Richard Grahn, Admiral Papp,
Captain Wes Pulver, and many others, this project is well on its way to
becoming a world-class destination to showcase the rich heritage of the
Coast Guard, which dates back to 1790 when Alexander Hamilton created
America's ``first fleet,'' which, by the way, was organized before the
U.S. Navy.
I would like to thank the chairman, Mr. Shuster, and Mr. LoBiondo, as
they depart. Again, they are great role models of bipartisan leadership
and about getting results. I want to also
[[Page H9652]]
thank the ranking member, Mr. DeFazio, and also the subcommittee
ranking member, John Garamendi, for their hard work. I also thank Dave
Jansen and John Rayfield for helping guide this bill to a successful
conclusion.
Mr. Speaker, I urge support of this bill.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from Ohio
(Mr. Chabot).
Mr. CHABOT. Mr. Speaker, I rise in very strong support of this
legislation.
I want to thank the chairman and the ranking member for their
leadership.
I would like to highlight a specific portion of the bill. This
provision preserves an important piece of American history and it
supports American jobs. It would reinstate the Delta Queen's
grandfathered status from a law that prohibits wooden boats from
carrying overnight passengers.
Congress granted the Delta Queen a reprieve from that grandfathered
law, which adversely impacts it, for four decades. In doing so,
Congress recognized that the Delta Queen was constructed before the law
that adversely impacted it was in place and that the law was intended
to regulate vessels at sea, oceangoing vessels. It was never intended
for river-faring boats like the Delta Queen. That is why Congress
granted this reprieve for 40 years. We failed to do that back in 2008.
We are looking at $100 million in development, in economic dollars in
the river areas of this country, including the city of Cincinnati, my
area. It used to be the home port. It will be one of the stops. It
means a lot of jobs for a lot of people. It will be safely done.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
I want to thank Dave Jansen for his hard work and again congratulate
the chairman on his last bill passing on the floor.
Mr. Speaker, I yield back the balance of my time.
Mr. SHUSTER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I urge all my colleagues to support S. 140, the Frank
LoBiondo Coast Guard Authorization Act of 2018. It is a good bipartisan
bill. I urge all my colleagues to vote for it.
Finally, I would like to thank the staff on both sides of the aisle.
On our side, especially, I thank the Coast Guard Subcommittee staff and
John Rayfield, who heads up that staff, for his tremendous work. He
just informed me that, under the subcommittee's jurisdiction, we will
have authorized every single program under that committee's
jurisdiction. Great work by John and his team on the subcommittee.
Mr. Speaker, I include in the Record the names of the staff on the
committee.
From Chairman Shuster's Staff:
John Rayfield
Bonnie Bruce
Lt. Commander Luke Peterson
Kevin Reig
Maggie Chan
Kathy Loden
Brittany Smith
Hannah Matesic
Fred Miller
Geoff Gosselin
Chris Vieson
From Ranking Member DeFazio's Staff:
Dave Jansen
Kathy Dedrick
Alex Burkett
From the Office of Legislative Counsel:
Hank Savage
Tom Dillon
Mr. SHUSTER. Mr. Speaker, I would also like to thank all my members
for the great support they have given me on both sides of the aisle to
move a lot of bipartisan legislation. I want to thank them for that. I
thank my subcommittee chairmen for their leadership in working with me.
Finally, I thank my counterpart, the leader of the Democrats on the
Transportation and Infrastructure Committee, sometimes being a worthy
foe, most of the time being a dependable and able ally. I thank him for
all his work. I also thank him for the very, very thoughtful small
going away gift that he gave me. I appreciate that greatly. Again, I
finally thank him for all his effort and work.
I have no say in who is going to be the next chairman of the
committee, but I can tell you that nobody is more able and
knowledgeable about the transportation and infrastructure world than
Peter DeFazio. I wish him the best and look forward to seeing him down
the road.
Mr. Speaker, I urge passage of S. 140, and I yield back the balance
of my time.
Mr. PASCRELL. Mr. Speaker, I rise today in strong support of S. 140,
the Frank LoBiondo Coast Guard Authorization Act of 2018. Congressman
LoBiondo has served his constituents in New Jersey's 2nd congressional
district well, including the Coast Guard Training Center Cape May in
Cape May, New Jersey. From his position on the House Transportation and
Infrastructure Committee, a panel on which we served together for a
decade, he successfully fought on behalf of our state and the brave men
and women in uniform who guard our nation. Congressman LoBiondo has
focused on strengthening our nation's maritime industry, which is a
critical source of jobs and economic output in New Jersey. During his
time in Congress, Congressman LoBiondo fought to improve the lives of
our service men and women and their families. Given his service to
bettering the Coast Guard, it is fitting that this year's authorization
legislation is named after Congressman Frank LoBiondo. I look forward
to this bill's passage and strongly urge all my colleagues to support
S. 140.
Mrs. TORRES. Mr. Speaker, I rise in support of S. 140, the Frank
LoBiondo Coast Guard Authorization Act. No institution is more critical
to our national defense and homeland security than the United States
Coast Guard, and every day, the men and women of the Coast Guard carry
out vital, life-saving missions, including drug interdiction and search
and rescue. On November 9, I had the opportunity to tour the Coast
Guard's District 11 facilities in Alameda, California. I was deeply
impressed by the dedication and professionalism of the Coast Guard
officials I met. However, I was also troubled by the state of some of
Coast Guard's equipment. Resources for the Coast Guard are clearly
needed, now more than ever, so it is deeply unfortunate that the Trump
administration has sought to cut the Coast Guard's budget by as much as
14 percent and has transferred millions of dollars in Coast Guard
funding to Immigration and Customs Enforcement. Congress should not
allow the Trump administration to raid the Coast Guard budget to
implement its anti-immigrant policies. But today, I urge all my
colleagues to support S. 140, and I applaud the Chairman and Ranking
Member for their hard work bringing this important measure to the
floor. Likewise, it is vitally important that, as negotiations
regarding the Fiscal Year 2019 Department of Homeland Security
Appropriations Act continue, Congress include sufficient funding for
the Coast Guard so that it has the resources it needs to carry out its
vital missions.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Shuster) that the House suspend the
rules and concur in the Senate amendment to the House amendment to the
bill, S. 140.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate amendment to the House amendment
was concurred in.
A motion to reconsider was laid on the table.
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