[Senate Report 114-168]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 302
 114th Congress         }                   {               Report
  1st Session           }      SENATE       {                114-168
_______________________________________________________________________

                                     

                                                       

 
                 COAST GUARD AUTHORIZATION ACT OF 2015

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1611

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               November 30, 2015.--Ordered to be printed
               
                                _______
	       	                                
	       	     U.S. GOVERNMENT PUBLISHING OFFICE
	       	       
	       	           WASHINGTON : 2015
	                      
               
               
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             first session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                    David Schwietert, Staff Director
                   Nick Rossi, Deputy Staff Director
                    Rebecca Seidel, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel
                                                       
                                                       
                                                       
                                                     Calendar No. 302
 114th Congress         {                     }              Report
  1st Session           {        SENATE       }               114-168
                                                       
======================================================================



 
                 COAST GUARD AUTHORIZATION ACT OF 2015
                                _______
                                

               November 30, 2015.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1611]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1611) to authorize 
appropriations for the U.S. Coast Guard for fiscal years 2016 
and 2017, and for other purposes, having considered the same, 
reports favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of this legislation is to authorize 
appropriations for the U.S. Coast Guard (USCG) and the Federal 
Maritime Commission (FMC) for fiscal years (FYs) 2016 and 2017, 
and for other purposes.

                          Background and Needs

    The USCG operates simultaneously under title 10 of the 
United States Code (relating to the Armed Forces) and title 14 
of the United States Code (relating to the USCG), and numerous 
other authorities (including authorities under titles 6, 19, 
33, and 46 of the United States Code). Its legal authorities 
enable the USCG to conduct military operations in support of 
the Department of Defense (DOD) or directly for the President 
in accordance with title 14. Further, the USCG can be 
transferred to the Department of the Navy by the President at 
any time or by Congress during time of war. In 2003, the USCG 
was transferred from the Department of Transportation (DOT) to 
the Department of Homeland Security (DHS). As such, the USCG is 
the only U.S. military service that is situated outside the 
DOD.
    The USCG is composed of approximately 40,000 active-duty 
members, 7,500 reservists, 8,000 full-time civilian employees, 
and 30,000 volunteer auxiliarists. The USCG is tasked with 
providing maritime security, law enforcement, and prevention 
and response activities for more than 4.5 million square miles 
of ocean, 95,000 miles of coastline, 26,000 miles of commercial 
waterways, 361 ports, 3,700 marine terminals, and 25,000 miles 
of inland and coastal waterways--this is the largest system of 
ports, waterways, and coastal seas in the world.\1\ It is 
unique among the military branches for having a maritime law 
enforcement mission, with jurisdiction in both domestic and 
international waters, while also serving as a Federal 
regulatory agency as part of its mission set.
---------------------------------------------------------------------------
    \1\United States Coast Guard Western Hemisphere Strategy, 
September, 2014, available at http://www.uscg.mil/seniorleadership/
docs/uscg_whem_2014.pdf.
---------------------------------------------------------------------------
    The USCG's 11 statutory missions can be broken down into 
two categories.\2\ Its homeland security missions include: (1) 
ports, waterways, and coastal security; (2) drug interdiction; 
(3) migrant interdiction; (4) defense readiness; and (5) other 
law enforcement. Its non-homeland security missions are: (1) 
marine safety; (2) search and rescue; (3) aids to navigation; 
(4) living marine resources; (5) marine environmental 
protection; and (6) ice operations. In addition, the USCG has 
been called upon in recent years to support the DOD's overseas 
contingency operations, such as counter-piracy operations off 
the Horn of Africa, and the protection of petroleum pipelines 
and shipping lanes in the Persian Gulf. Six USCG cutters and 
associated support staff have been deployed to the Persian Gulf 
since 2003 working in support of DOD combatant commanders.
---------------------------------------------------------------------------
    \2\Homeland Security Act of 2002, H.R. 5005, 107th Congress, 
Section 888 (2002).
---------------------------------------------------------------------------
    In 2014, the Commandant of the USCG (Commandant) stated 
that the USCG's mission demands were on the rise.\3\ Increasing 
activity in the Arctic and the destabilizing impacts of 
violence, corruption, terrorism, and drug trafficking in the 
Caribbean Basin, Central America, and Mexico continue to test 
the USCG's current capabilities.\4\ In order to meet these 
challenges, the USCG is in the midst of a major asset 
recapitalization that began in 2002. This effort will modernize 
the USCG's ships, boats, aircraft, and command, control, 
communication, computers, intelligence, surveillance and 
reconnaissance systems.
---------------------------------------------------------------------------
    \3\United States Coast Guard, Commandant's Direction, 2014, 
retrieved from http://www.uscg.mil/seniorleadership/DOCS/
CCG_Direction_2014.pdf.
    \4\USCG Western Hemisphere Strategy.
---------------------------------------------------------------------------

                          MISSION PERFORMANCE

    The Coast Guard Authorization Act of 2015 authorizes $8.7 
billion in discretionary funds for the USCG for each of FYs 
2016 and 2017. These funds would support USCG operations and 
priorities, including those highlighted in the following 
paragraphs.

                        maritime law enforcement

    During 2014, the USCG interdicted 140 metric tons of 
narcotics, with an estimated street value of $3 billion; 
detained more than 340 suspected smugglers for prosecution in 
the United States; and interdicted 3,587 migrants, including 
1,103 from Haiti and 2,111 from Cuba. In addition, the USCG 
boarded 69 foreign vessels to enforce laws prohibiting illegal, 
unregulated, and underreported fishing.\5\
---------------------------------------------------------------------------
    \5\United States Coast Guard, 2014 Performance Highlights, 
retrieved from http://www.uscg.mil/budget/docs/
2016_Budget_in_Brief.pdf.
---------------------------------------------------------------------------

                           maritime response

    In 2014, the USCG executed more than 17,500 search and 
rescue missions and saved 3,443 lives.\6\ In addition, the USCG 
is the principal Federal maritime security coordinator and 
Federal on-scene commander for maritime incidents. As such, it 
is responsible for coordinating the response to hazardous 
material spills into navigable waters and spills of national 
significance, such as the response and subsequent clean up 
following an oil tank barge collision that released nearly 
170,000 gallons of oil into Galveston Bay, Texas in 2014.
---------------------------------------------------------------------------
    \6\Ibid.
---------------------------------------------------------------------------

                          maritime prevention

    The USCG inspected more than 12,500 U.S. flagged commercial 
vessels and conducted approximately 43,700 recreational vessel 
boardings during 2014. It also screened over 25,300 containers 
and identified more than 2,000 deficiencies aboard commercial 
vessels. As a result, a number of shipments were held until 
dangerous conditions were corrected. The USCG also inspected 
3,600 marine facilities to ensure compliance with safety and 
environmental protection regulations and investigated over 
5,800 reportable marine casualties involving commercial 
vessels.\7\
---------------------------------------------------------------------------
    \7\Ibid.
---------------------------------------------------------------------------

                      western hemisphere strategy

    In 2014, the USCG released its Western Hemisphere Strategy 
that identified three of the USCG's priorities over the coming 
decade: combating networks, securing borders, and safeguarding 
commerce. This strategy includes proactive engagement with 
domestic and international partners and stakeholders in order 
to defeat transnational organized crime networks, which may be 
responsible for more than $750 billion in losses per year to 
the global economy.\8\ This effort will require an effective 
offshore interdiction capability, supported by the continued 
modernization of the USCG's operational assets, particularly, 
its fleet of aging cutters.
---------------------------------------------------------------------------
    \8\USCG Western Hemisphere Strategy.
---------------------------------------------------------------------------

                      MAJOR ASSET RECAPITALIZATION

    The Coast Guard Authorization Act of 2015 authorizes $1.5 
billion for the funding of acquisition, construction, and 
improvement (AC&I) related activities for the USCG for each of 
FYs 2016 and 2017. The USCG's FY 2016 budget request included 
$1.02 billion for AC&I of USCG assets and facilities, a nearly 
17 percent decrease from the FY 2015 enacted budget. Of this 
amount, $533.9 million is for vessels and ongoing fleet 
recapitalization and in-service vessel sustainment projects. 
This is a decrease of over 35 percent, or nearly $300 
million.\9\ Budget pressures, particularly with respect to the 
funding of USCG acquisitions, have slowed the USCG's efforts to 
upgrade its assets and infrastructure.
---------------------------------------------------------------------------
    \9\USCG, 2014 Performance Highlights.
---------------------------------------------------------------------------
    Many of the USCG's cutters are operating beyond their 
planned service life and are ``manpower-intensive and 
increasingly expensive to maintain, and have features that in 
some cases are not optimal for performing their assigned 
missions.''\10\ The average age of the USCG's medium endurance 
cutters, ``the backbone of the offshore fleet,'' is almost 50 
years.\11\ In 2014, as a result of significant mechanical 
malfunctions, four cutters headed to sea in support of the 
USCG's counter-drug mission were forced to return to port for 
emergency dry-docking.\12\ The USCG's high endurance cutters 
have been in service since the 1960s. A 2014 DHS Inspector 
General report found that ``the declining readiness'' of the 
USCG's high endurance cutters ``continues to pose significant 
challenges to mission performance''.\13\
---------------------------------------------------------------------------
    \10\Congressional Research Service, Coast Guard Cutter Procurement: 
Background and Issues for Congress. March 26, 2015. Retrieved from 
http://www.crs.gov/pdfloader/R42567.
    \11\U.S. Congress. Subcommittee on Coast Guard and Maritime 
Transportation hearing. ``President's Fiscal Year 2016 Budget Request 
for Coast Guard and Maritime Transportation Programs.'' (Date 2/25/15). 
Retrieved from http://www.dhs.gov/news/2015/02/25/written-testimony-
uscg-commandant-house-transportation-and-infrastructure.
    \12\Jordan, Bryant. 2015, April. Coast Guard Can Respond to 20 
Percent of Known Illegal Drug Shipments. Retrieved from http://
www.military.com/daily-news/2015/04/15/coast-guard-can-respond-to-20-
percent-of-known-illegal-drug.html.
    \13\Department of Homeland Security, Annual Review of the United 
States Coast Guard's Mission Performance (FY 2013), 2014. Retrieved 
from http://www.oig.dhs.gov/assets/Mgmt/2014/OIG_14-140_Sep14.pdf.
---------------------------------------------------------------------------
    The USCG's fleet of 12 high-endurance cutters is being 
replaced by 8 National Security Cutters (NSC); 4 NSCs have been 
commissioned, and the remaining 4 are still under construction 
at an average cost of $684 million per ship.\14\ The Offshore 
Patrol Cutter (OPC), which will replace the current fleet of 
medium endurance cutters, will become the USCG's highest 
priority as the NSC acquisition ends. In February 2014, 3 
contracts for preliminary design of the OPC were awarded--25 of 
these vessels are planned to replace the existing fleet of 28 
medium endurance cutters. Their estimated cost is $484 million 
per ship.\15\ The final design was scheduled for selection 
during the fourth quarter of FY 2016, but the USCG's FY 2016 
budget request is short the $69 million required to fully fund 
the program. The FY 2016 budget request would only provide 
$18.5 million to complete the OPCs design phase--and contains 
``language that would permit but not require a transfer of 
funding to the OPC program if it meets affordability 
requirements.''\16\
---------------------------------------------------------------------------
    \14\Coast Guard Cutter Procurement: Background and Issues for 
Congress.
    \15\Ibid.
    \16\Eckstein, Megan, U.S. Naval Institute. 2015, March. Commandant 
Zukunft: Coast Guard's Offshore Patrol Cutter Underfunded by $69 
Million. Retrieved from http://news.usni.org/2015/03/24/commandant-
zukunft-coast-guards-offshore-patrol-cutter-underfunded-by-69m.
---------------------------------------------------------------------------
    In addition, the USCG's only operational heavy icebreaker 
(HIB), the polar star, has exceeded its 30-year service life, 
and has already undergone one major service life extension 
program (SLEP). It was reactivated in 2012 following repairs 
that should give the vessel an additional seven to ten years of 
service. A SLEP of the polar sea, the USCG's other HIB, was 
completed in 2006, but it experienced a major engine casualty 
in 2010 and it has been inoperable ever since. The Howard Coble 
Coast Guard and Maritime Transportation Act of 2014 (P.L. 113-
281; 128 Stat. 3022) included a provision that authorizes the 
USCG to conduct a SLEP of the Coast Guard Cutter polar sea 
after it provides a business case analysis to Congress--that 
analysis was required by previous legislation enacted in 2012, 
the Coast Guard and Maritime Transportation Act of 2012 (P.L. 
112-213; 126 Stat. 1540). Estimates on another SLEP of the 
Coast Guard Cutter polar sea range from $100 million to $500 
million, while a new HIB may cost more than $1 billion, and 
would have a tremendous impact on the USCG's acquisitions 
budget.\17\
---------------------------------------------------------------------------
    \17\Congressional Research Service, Coast Guard Polar Icebreaker 
Modernization: Background and Issues for Congress. June 23, 2015. 
Retrieved from http://www.crs.gov/pdfloader/RL34391.
---------------------------------------------------------------------------
    A major challenge to the USCG's modernization effort 
continues to be the budget. A five year capital investment plan 
(CIP) for FY 2013 included $7.6 billion. However, the agency's 
five year CIP for FY 2014 was reduced by one third to $5.1 
billion. AC&I funding of just over $1 billion per year will 
certainly slow the USCG's recapitalization efforts and result 
in the continued degradation of overall mission performance.

                         Summary of Provisions


    S. 1611, the Coast Guard Authorization Act of 2015, would:

     authorize funding to support USCG acquisition 
priorities;

     enhance the USCG's maritime drug law enforcement 
authorities;

     support the USCG's execution of its Western 
Hemisphere Strategy;

     allow the USCG to pay for the acquisition of a 
polar icebreaker using incremental funding over time, rather 
than full funding in a single year (similar incremental funding 
has been permitted for the Navy's acquisition of larger 
vessels);

     provide the USCG parity with a number of DOD 
authorities;

     enhance oversight of the USCG's acquisition-
related activities; and

     require the USCG to enhance training and 
professional development for senior level officers.

                          Legislative History

    On April 28, 2015, the Subcommittee on Oceans, Atmosphere, 
Fisheries, and Coast Guard of the Committee on Commerce, 
Science, and Transportation of the Senate held a USCG oversight 
hearing to examine the USCG's missions, priorities, and FY 2016 
budget request.
    On June 18, 2015, Senator Thune introduced S. 1611, the 
Coast Guard Authorization Act of 2015, with Senators Nelson, 
Rubio, and Booker as original cosponsors. Senators Wicker and 
Sullivan also cosponsored this legislation.
    On June 25, 2015, the Committee met in open Executive 
Session and, by a voice vote, ordered S. 1611 reported 
favorably with an amendment in the nature of a substitute. 
Amendments were offered by Senators Thune, Rubio, Johnson, 
Sullivan, Cantwell, Blumenthal, Markey, and Peters, all of 
which were accepted.
    Changes made during the Executive Session included 
technical corrections; USCG parity with DOD authorities; 
inclusion of S. 373, the Vessel Incidental Discharge Act; 
authorization for the USCG and the National Oceanic and 
Atmospheric Administration to transfer land on the Pribilof 
Islands, Alaska to Native Alaskans; authorization of 
appropriations to fund pre-acquisition activities related to 
polar icebreakers; requirements for the USCG to report on the 
status of man overboard technology and its integration on 
cruise ships; and a requirement for the USCG to conduct an 
assessment on oil spill response and clean up capabilities on 
the Great Lakes.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 1611--Coast Guard Authorization Act of 2015

    Summary: S. 1611 would authorize appropriations totaling 
$17.5 billion over the 2016-2017 period, for operations of the 
United States Coast Guard (USCG) and the Federal Maritime 
Commission (FMC). The bill also would amend laws that govern 
the activities of USCG, FMC, and the Maritime Administration 
within the Department of Transportation. Assuming appropriation 
of the specified amounts, CBO estimates that implementing the 
legislation would cost $16.6 billion over the 2016-2020 period.
    Because enacting this legislation would increase direct 
spending, pay-as-you-go procedures apply; however, CBO 
estimates that the effect on direct spending would be 
insignificant in each year and over the 2016-2025 period. 
Enacting S. 1611 would not affect revenues.
    CBO estimates that enacting the legislation would not 
increase net direct spending or on-budget deficits by more than 
$5 billion in any of the four consecutive 10-year periods 
beginning in 2026.
    S. 1611 contains intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA) by preempting state and 
local laws relating to ballast water and other discharges of 
vessels. Although the preemption would limit the application of 
state and local laws and regulations, CBO estimates that the 
bill would impose no duty on state or local governments that 
would result in additional spending or a loss of revenues.
    S. 1611 contains several private-sector mandates as defined 
in UMRA on manufacturers and importers of certain water 
treatment technology, manufacturers of small boats, and owners 
and operators of vessels. Although the incremental costs of 
compliance are uncertain, on balance, CBO expects the aggregate 
cost of the mandates would probably fall below the annual 
threshold established in UMRA for private-sector mandates ($154 
million in 2015, adjusted for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1611 is shown in the following table. 
The costs of this legislation fall within budget functions 050 
(national defense) and 400 (transportation).

----------------------------------------------------------------------------------------------------------------
                                                            By fiscal year, in millions of dollars--
                                               -----------------------------------------------------------------
                                                   2016       2017       2018       2019       2020    2016-2020
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
United States Coast Guard:
    Authorization Level.......................      8,704      8,704          0          0          0     17,408
    Estimated Outlays.........................      5,761      7,225      2,098        984        520     16,588
Federal Maritime Commission:
    Authorization Level.......................         25         25          0          0          0         49
    Estimated Outlays.........................         23         24          2          0          0         49
    Total:
        Authorization Level...................      8,729      8,729          0          0          0     17,458
        Estimated Outlays.....................      5,784      7,249      2,100        984        520     16,637
----------------------------------------------------------------------------------------------------------------
Note: Details may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that S. 
1611 will be enacted near the end of calendar year 2015 and 
that the amounts authorized by the bill will be appropriated 
for each year. Estimated outlays are based on historical 
spending patterns for authorized activities.

Changes in spending subject to appropriation

    United States Coast Guard. S. 1611 would authorize the 
appropriation of $8.7 billion for ongoing USCG activities for 
each of fiscal years 2016 and 2017. In 2015 the USCG received 
an appropriation of $8.4 billion. Specifically, the bill would 
authorize the appropriation of $17.4 billion for USCG 
operations including about $14 billion for operations and 
maintenance, $3.1 billion for capital acquisitions, $280 
million for reserve training, $40 million for research 
programs, and $33 million for environmental compliance. Among 
the new USCG responsibilities in the bill, S. 1611 would direct 
USCG to:
         Submit various reports to the Congress, 
        including a study of alternative methods of notifying 
        members of the Coast Guard of their monthly earnings, 
        an assessment of oil spill response activities in the 
        Great Lakes, and quarterly reports on the risks 
        associated with major acquisition programs;
         Remove certain restrictions on the use of 
        federal funds for establishing a national Coast Guard 
        museum. No funds have yet been appropriated for the 
        museum;
         Establish standards and regulations concerning 
        incidental discharge of vessel ballast water; and
         Require new congressional training courses for 
        officers working with the Congress.
    Assuming appropriation of the amounts specified in the 
bill, CBO estimates that implementing the USCG provisions of S. 
1611 would cost $16.6 billion over the 2016-2020 period and an 
additional $0.5 billion after 2020. Historically, a small 
amount of the funds appropriated to the USCG remain unspent.
    Federal Maritime Commission. S. 1611 would authorize the 
appropriation of nearly $25 million, annually for 2016 and 2017 
for the operations of the FMC. The agency received an 
appropriation of $26 million in 2015. The FMC regulates 
shipping activities in the United States. CBO estimates that 
implementing those provisions would cost $49 million over the 
2016-2020 period, assuming appropriation of the authorized 
amounts.

Changes in direct spending

    CBO estimates that enacting four provisions of S. 1611 
would increase total direct spending by less than $500,000 over 
the 2016-2025 period.
    Section 208 would reduce offsetting receipts (which are 
treated as increases in direct spending). The legislation would 
authorize the USCG to cancel debt owed to the federal 
government that was incurred by an officer of the Coast Guard 
while on active duty. Under current law, the USCG may waive the 
debt incurred by enlisted members of the Coast Guard, and the 
legislation would expand the eligible group to include 
officers. Those debts primarily arise from administrative 
overpayments. Based on information from the USCG, CBO estimates 
that enacting this provision would increase direct spending by 
an insignificant amount in every year and over the 2016-2025 
period.
    Title V would amend how funds are distributed from the 
Sport Fish Restoration and Boating Safety Trust Fund (SFRBTF). 
Under current law, receipts from various taxes on fuel and 
fishing equipment are deposited in the SFRBTF and distributed 
for a variety of purposes, including conservation grants, 
fishery restoration, and boating safety. The legislation would 
adjust the allocation of amounts that could spend from the 
SFRBTF but would not affect the total amount available to be 
spent from the fund. CBO estimates that changing the allocation 
would have a negligible effect on spending from the fund.
    Section 217 would direct the Coast Guard to issue guidance 
related to the eligibility of members of the Coast Guard with 
combat-related disabilities to receive special compensation. 
Under current law, that special compensation is classified as 
direct spending. Based on information provided by USCG, CBO 
estimates enacting this provision would not significantly 
increase the number of individuals receiving special 
compensation. Therefore, CBO estimates that enacting the 
provision would increase direct spending by an insignificant 
amount.
    Finally, Title VI would authorize the conveyance of a few 
Coast Guard properties in California and Alaska at either no 
cost or fair market value. Based on information from the USCG, 
CBO expects that the property conveyances authorized in S. 1611 
would have no significant effect on the budget because the 
properties will not generate any receipts to the federal 
government through lease or sale under current law and because 
the fair market value of the properties that would be sold is 
less than $100,000.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 established budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. Enacting S. 1611 would increase direct spending. 
However, the net changes in outlays that are subject to pay-as-
you-go procedures would not be significant. Enacting the bill 
would not affect revenues.
    Increase in long term direct spending and deficits: CBO 
estimates that enacting the legislation would not increase net 
direct spending or on-budget deficits by more than $5 billion 
in any of the four consecutive 10-year periods beginning in 
2026.
    Estimated impact on state, local, and tribal governments: 
S. 1611 contains intergovernmental mandates as defined in UMRA. 
The bill would preempt state and local laws relating to ballast 
water and other discharges of vessels by establishing a 
national uniform standard and a set of best management 
practices. Although the preemption would limit the application 
of state and local laws and regulations, CBO estimates that the 
bill would impose no duty on state or local governments that 
would result in additional spending or a loss of revenues.
    Estimated impact on the private-sector: S. 1611 would 
impose several private-sector mandates as defined in UMRA. 
Specifically, the bill would:
         Restrict the sale of technology to treat 
        ballast water;
         Impose safety requirements on certain vessels 
        carrying flammable liquids;
         Require manufacturers of small boats to use 
        updated standards for stability and floatation tests; 
        and
         Accelerate requirements related to oil spill 
        response in the Puget Sound.
    Although the incremental costs of compliance are uncertain, 
on balance, CBO expects the aggregate cost of the mandates 
would probably fall below the annual threshold established in 
UMRA for private-sector mandates ($154 million in 2015, 
adjusted for inflation).

Regulation of ballast water treatment technology

    The bill would prohibit manufacturers and importers from 
selling certain water treatment technology unless it has been 
certified by the USCG or by a foreign entity that uses 
equivalent standards. The cost of the mandate would be the cost 
of obtaining certification and any net loss of income from 
forgone sales. Under current law, manufacturers of water 
treatment technology already need to obtain USCG certification 
because owners of vessels that use such technology are required 
to install USCG-certified technology by a certain date. If the 
certification process under the bill is very similar to the 
certification process conducted under current law, the 
incremental cost of complying with the mandate would be small.

Regulation of vessels carrying flammable liquid cargo

    The bill would restore USCG authority to regulate tender 
vessels of not more than 500 gross tons that carry flammable 
cargo in bulk. Doing so would make such vessels subject to 
existing safety regulations. Tender vessels supply, store, or 
transport fish, fish products, or materials related to fishing 
or fish preparation to or from fishing vessels and fish 
processing facilities. Based on information from industry 
sources, CBO expects that the mandate could affect a few 
hundred vessels. The cost of the mandate is uncertain because 
CBO lacks sufficient information about the extent to which 
those vessels would already be in compliance with the safety 
regulations and about the cost to achieve compliance. However, 
based on information about the size of the industry, the 
average value of gross profits, and the costs of complying with 
similar requirements, CBO expects the cost of this mandate 
would not be substantial.

Requirements for stability and floatation tests

    The bill also would impose a mandate on manufacturers of 
small boats by requiring those manufacturers to use updated 
engine weights when conducting stability and floatation tests. 
The standard required by the bill would reflect a voluntary 
industry standard. According to information from industry 
experts, most small boats sold in the United States have passed 
the stability and floatation tests that use the updated engine 
weights. Consequently, CBO expects the cost to comply with this 
mandate would be small.

Acceleration of oil spill response requirements

    The bill would impose a mandate by accelerating 
requirements related to oil spill response in the Puget Sound. 
Current law requires USCG to conduct a rulemaking that would 
modify the definition of the ``higher volume port area'' to 
move the western boundary of the higher volume port area in the 
Strait of Juan de Fuca. Modifying the definition will expand 
the area covered by various federal oil spill response 
regulations. The bill would codify the modified definitions and 
make any requirements related to oil spill response applicable 
on the date the bill is enacted. By doing so, the bill would 
require owners and operators of some vessels to comply with 
requirements related to oil spill responses earlier than 
currently anticipated. Based on information from the USCG 
rulemaking, CBO anticipates that any additional cost to comply 
with those requirements sooner than under current law would be 
small.
    Previous CBO estimate: On May 14, 2015, CBO transmitted a 
cost estimate for H.R. 1987, the Coast Guard Authorization Act, 
as ordered reported by the House Committee on Transportation 
and Infrastructure on April 30, 2015. The two bills contain 
multiple similar provisions, including several land conveyances 
and the waiver of debt incurred by officers of the Coast Guard. 
Those provisions are similar, and CBO's estimate of the 
budgetary effects are the same.
    On April 6, 2015, CBO transmitted a cost estimate for S. 
834, the Sport Fish Restoration and Recreational Boating Safety 
Act, as ordered reported by the Senate Committee on Commerce, 
Science, and Transportation on March 25, 2015. S. 834 is nearly 
identical to Title V of S. 1611, and CBO's estimate of the 
budgetary effects are the same.
    On July 29, 2015, CBO transmitted a cost estimate for S. 
373, the Vessel Incidental Discharge Act, as ordered reported 
by the Senate Committee on Commerce, Science, and 
Transportation on February 26, 2015. That legislation is 
similar to Title VIII of S. 1611, and CBO's estimate of the 
budgetary effects are the same.
    Estimate prepared by: Federal costs: Martin von Gnechten; 
Impact on state, local, and tribal governments: Melissa 
Merrell; Impact on the private sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss; Deputy Assistant 
Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 1611 as reported would not create any new programs or 
impose any new regulatory requirements, and therefore would not 
subject any individuals or businesses to new regulations.
    Title VIII of the bill, the Vessel Incidental Discharge 
Act, would streamline regulatory compliance for the owners and 
operators of approximately 70,000 vessels with respect to 
ballast discharge. It also would permanently exempt 
approximately 120,000 vessels, including all commercial fishing 
vessels, from incidental vessel discharge rules and thus reduce 
the regulatory burden on the owners and operators of those 
vessels.

                            economic impact

    Enactment of this legislation is not expected to have any 
significant adverse impacts on the Nation's economy. Title VIII 
of the bill, the Vessel Incidental Discharge Act, will likely 
have a positive economic impact by improving the ease with 
which interstate commerce is conducted and reduce the operating 
costs of commercial fishing vessels.

                                privacy

    S. 1611 would not impact the personal privacy of 
individuals.

                               paperwork

    Title VIII of the bill would replace myriad Federal and 
State vessel incidental discharge requirements with a single 
set of national requirements, and will likely reduce paperwork 
requirements for individuals and businesses. While S. 1611 
streamlines some USCG reporting requirements and eliminates one 
other, it does implement additional agency reporting 
requirements.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


                        TITLE I--AUTHORIZATIONS

Section 101. Authorizations.

    This section would authorize $8.7 billion in discretionary 
funds for the USCG for each of the FYs 2016 and 2017. This is 
the same level of funding that was authorized for the USCG in 
section 101 of the Howard Coble Coast Guard and Maritime 
Transportation Act of 2014 (P.L. 113-281; 126 Stat. 3022). It 
also would authorize an end-of-year strength for active duty 
USCG personnel of 43,000 and set military training student 
loads for each of the FYs 2016 and 2017.

Section 102. Conforming amendments.

    This section would make conforming and technical changes to 
title 14, United States Code.

                         TITLE II--COAST GUARD

Section 201. Vice Commandant.

    This section would fix the grade of the Vice Commandant at 
admiral, aligning the USCG leadership structure with the 
leadership structure of the other armed forces in which the 
vice service chiefs all serve in the grade of general or 
admiral. This change would enable the Vice Commandant to better 
represent the USCG and the Commandant in frequent interactions 
with other service counterparts, as well as interactions with 
the Vice Chairman of the Joint Chiefs of Staff and the 
Commanders of the Combatant Commands, all of whom serve in the 
grade of general or admiral.

Section 202. Vice admirals.

    The USCG is currently the only armed service without a 
chief of staff. The position was discontinued in 2011 and many 
of the responsibilities were assumed by the Vice Commandant. 
This has diluted the focus of the Vice Commandant from the 
traditional duties as the vice service chief. This section 
would authorize the USCG to reinstate the position of chief of 
staff. This section also would authorize the President to 
appoint additional USCG vice admirals to positions in the 
executive branch.
    The Chairman of the Joint Chiefs of Staff has requested the 
appointment of USCG officers to serve on the Joint Staff, but 
limitations on the number of USCG vice admirals under current 
law prohibit the USCG from fulfilling this national security 
request.

Section 203. Professional development.

    Subsection (a) of section 203 of the bill would convey the 
sense of Congress that toxic leadership within the armed forces 
can have adverse effects on service members and the service, 
and result in degraded mission performance. This subsection 
also would recommend that the USCG develop policies to prevent, 
identify, and correct this issue consistent with DOD policies.
    Subsection (b) of section 203 would direct the Commandant 
to implement the use of multi-rater reviews for the USCG's flag 
officers, senior executive staff, and newly promoted captains. 
This review would be required biennially and will be 
complemented by post-assessment counseling and leadership 
coaching, and would be used to aid in the professional 
development of the USCG's senior leaders.
    Subsection (b) also would require the USCG to report on the 
feasibility of the expansion of the use of multi-rater reviews 
among all officers, all members in command positions, and all 
enlisted members in supervisory positions. In addition, the 
subsection would require the USCG to provide an overview of 
each of its leadership development courses, and an assessment 
of the feasibility of their expansion. Furthermore, subsection 
(b) would require an assessment of USCG leadership training, 
the implementation of toxic leadership recognition training, 
and would call for the establishment of procedures that would 
result in the administrative separation of toxic leaders from 
the service.
    Subsection (c) of section 203 would require the Commandant, 
within 180 days of enactment of the Act, to develop and 
implement an annual training course on the workings of Congress 
for USCG flag officers newly appointed or assigned to billets 
within the National Capital Region, and all Senior Executive 
Service personnel employed within the National Capital Region. 
The subsection also would define course subject matter, would 
authorize the USCG to accept pro bono services in compliance 
with this subsection, and would prescribe timelines for senior 
leaders to complete the course.

Section 204. Senior enlisted member continuation boards.

    In 1939, Congress enacted legislation to increase the 
efficiency by which the USCG could involuntarily retire an 
enlisted member who has at least 20 years of service. However, 
in 1991, the Committee on Merchant Marine and Fisheries of the 
House of Representatives found that these procedures actually 
reduced the USCG's ability to separate underperforming members 
from the service. In response, Congress both altered the 
process under which an enlisted member may be retired and 
instituted certain procedural safeguards. At the time, because 
of the difficulty of involuntarily retiring enlisted personnel, 
there was a tendency to take disciplinary action against poor 
performing members. Because a discharge after an adverse 
disciplinary act could result in the loss of retirement 
benefits, the Committee recommended certain procedural 
protections that enlisted members in other branches of the 
armed forces are not entitled to.
    This section would repeal those protections, but also would 
ensure that USCG enlisted members are treated in a manner 
similar to enlisted personnel of the other military services. 
This would enable the USCG to more efficiently conduct career 
retention screening panels during reductions in force or 
performance-based senior enlisted continuation boards common to 
the other military services, specifically the Department of the 
Navy. The current authorization increasing retired pay for an 
enlisted member who is retired after 20 years of service and 
who was cited for extraordinary heroism in the line of duty 
would be retained.

Section 205. Coast Guard member pay.

    This section would require the Commandant to report to 
Congress on alternative methods the USCG can use to report 
monthly pay and allowances to the USCG's members, and complete 
an annual audit of pay and allowances for service members who 
recently completed a permanent change of station.

Section 206. Recall.

    A retired member of a regular component of the armed forces 
is subject to the Uniform Code of Military Justice for 
violations that the retired member commits either while on 
active duty or during retirement. The Secretary of a military 
department may recall a retired member to active duty to be 
tried by court-martial, without regard to the consent of the 
member. However, the Commandant may recall a retired member to 
active duty to be tried by court-martial, without the member's 
consent, only during time of war or national emergency. 
Otherwise, a retired USCG member may only be recalled with the 
member's consent--which, when the purpose of the recall is to 
render the member possibly subject to punitive discharge and, 
thus, loss of retired pay and other benefits, the member has 
little or no reason to grant.
    This section would align USCG authorities with those of the 
DOD by authorizing the Commandant to recall a retired member, 
without the retired member's consent, at any time for the 
purposes of an Article 32 investigation, trial by court-
martial, and non-judicial punishment. It is the Committee's 
expectation that this authority will only be used for egregious 
cases of misconduct.

Section 207. Exchange of medical goods and services.

    This section would allow the USCG, when reimbursing the DOD 
or another military service for medical care provided to a USCG 
member, a former USCG member, or a dependent of a USCG member 
or former USCG member at a DOD medical facility, to adopt the 
intra-DOD payment model for the reimbursement. The value of the 
payment would be determined by DOD actuaries, using relevant 
actuarial considerations and assumptions. An annual one-time 
payment will replace the existing reimbursement structure that 
requires adjustments between appropriations after the close of 
the FY resulting in lost opportunity for use of resources by 
both departments.

Section 208. Coast Guard remission of indebtedness.

    Prior to 2006, the authorities to remit or cancel the 
indebtedness of an enlisted member--then vested in the 
Secretaries of the Army, Navy, Air Force, and that of the 
department in which the Coast Guard is operating--were 
substantively identical. In 2006, however, Congress expanded 
the authority of the Secretaries of the Army, Navy, and Air 
Force to permit each to remit or cancel indebtedness of any 
member on active duty. Congress did not do the same with regard 
to members of the USCG. This section would grant identical 
authority to the Secretary, thereby ensuring equal treatment of 
all active duty military members (enlisted and officers).

Section 209. Coast Guard communities.

    This section would streamline the USCG's program to 
recognize communities that have supported the USCG by reducing 
the approval process from 90 days to 30 days.

Section 210. Major acquisition programs.

    This section would enhance congressional oversight of USCG 
acquisition programs by requiring the USCG to provide quarterly 
reports to Congress on the top five risks associated with each 
of the USCG's current acquisition programs, any failure of 
these programs to demonstrate key performance parameters or 
thresholds during operational test and evaluation, whether 
there has been a decision to order full rate production on a 
program that has not met all key performance parameters or 
thresholds, and whether there has been any breach of program 
cost or program schedule.

Section 211. Major acquisitions assessment.

    This section would require the Commandant to report to 
Congress on the impact of any new major acquisition programs on 
the USCG's stated program of record and capital investment 
plan. The report would include life-cycle funding requirements, 
an assessment of the proposed program's impact on delivery 
dates of current acquisition projects and programs, an 
assessment of the impact on planned construction or improvement 
projects, and recommendations on funding levels necessary to 
simultaneously support any proposed and current acquisition 
projects and programs.

Section 212. Polar icebreakers.

    Subsection (a) of section 212 of the bill would exempt a 
polar icebreaker from the requirement to be classed by the 
American Bureau of Shipping before final acceptance, but would 
require the design and construction of a polar icebreaker to be 
assessed by an independent third party with expertise in vessel 
design and construction certification.
    Subsection (b) of section 212 would provide the Commandant 
with the authority to enter into a contract or contracts for 
the acquisition of a polar icebreaker using incremental 
funding. Incremental funding has been used by the Navy during 
the acquisition of aircraft carriers, assault ships, and 
destroyers to reduce the overall impact on the service's budget 
during large vessel acquisition. The USCG's acquisitions budget 
of approximately $1 billion would not have the capability to 
simultaneously support current recapitalization efforts and an 
icebreaker that may cost nearly $1 billion.
    Subsection (c) of section 212 would set a deadline of one 
year following enactment for the USCG to complete and submit to 
Congress its assessment of the condition of the polar sea and 
its determination of whether it is cost effective to reactivate 
or decommission the icebreaker.
    In November 2013, the USCG completed the analysis of the 
polar star as required by section 222 of the Coast Guard and 
Maritime Transportation Act of 2012 (P.L. 112-213; 126 Stat. 
1560) and estimated the reactivation would cost approximately 
$99 million to provide 7 to 10 years of service. Although it 
completed the analysis nearly two years ago, the USCG has not 
made a determination concerning the icebreaker's future. The 
USCG is currently spending $8 million to stabilize and preserve 
the polar sea and is requesting an additional $6 million in its 
FY 2016 budget request to conduct a materiel condition 
assessment of the icebreaker.

Section 213. Participation in Federal, State, or other educational 
        research grants.

    Many academic institutions work with a nonprofit 
organization that competes for and accepts grants on their 
behalf. This section would allow the USCG Academy to compete on 
an equal basis with other academic institutions by allowing it 
to enter into a sole source contract with a nonprofit 
organization created by the USCG Academy Alumni Association. 
The nonprofit would work at the USCG Academy's direction to 
compete for and accept grants on its behalf.

Section 214. Venue.

    In general, each Federal district court has exclusive 
jurisdiction over any case or controversy that arises in the 
U.S. exclusive economic zone (EEZ) of that district. However, 
with few exceptions, jurisdiction over any case that arises in 
the several U.S. EEZs of the Pacific Ocean must be tried in the 
Federal district court for the District of Guam. This places an 
undue burden on USCG assets and personnel required to escort 
seized vessels to Guam, even though the case arose in an EEZ 
other than that around Guam and the Northern Mariana Islands, 
and even though the Federal district court for the District of 
Hawaii may be closer. To impose a more conventional sense of 
jurisdiction, section 214 of the bill would shift jurisdiction 
to the Federal district court in the District of Hawaii for all 
cases, except for those arising in the EEZ about Guam and the 
Northern Mariana Islands and the EEZ about Wake Island.

Section 215. National Coast Guard museum.

    Section 215 of the bill would repeal existing limitations 
on expenditures related to the use of appropriated Federal 
funds for the engineering, design, or construction of a 
National USCG Museum established under section 98 of title 14, 
United States Code. It also would remove the requirement for 
the Secretary to fund the operation and maintenance of the 
National USCG Museum with non-appropriated and non-Federal 
funds to the maximum extent practicable.

Section 216. Investigations.

    This section would require the Inspector General of the DHS 
to consult with the Inspector General of the DOD anytime a 
report or allegations of misconduct are made against senior 
officials. In addition, this section would require the 
Commandant to complete investigations into those allegations 
consistent with DOD requirements.

Section 217. Clarification of eligibility of members of the Coast Guard 
        for combat related special compensation.

    Combat Related Special Compensation (CRSC) was created by 
Congress in 2002, and was originally intended to benefit Purple 
Heart recipients. In 2004, Congress expanded eligibility 
requirements to include all retirees with combat-related 
disabilities with at least 20 years of service.\18\ In 2008, 
Congress expanded CRSC eligibility to include those who were 
medically retired with less than 20 years of service, effective 
January 1, 2008.\19\ The program is required to be implemented 
uniformly across all uniformed services, including the Coast 
Guard.\20\
---------------------------------------------------------------------------
    \18\The National Defense Authorization Act for Fiscal Year 2004 
(P.L. 108-136; 117 Stat. 1392); sections 1413(a) and 1414 of title 10, 
United States Code.
    \19\The National Defense Authorization Act for Fiscal Year 2008 
(P.L. 110-181); 122 Stat. 3.
    \20\Chapters 1413(a) and 1414 of title 10, United States Code.
---------------------------------------------------------------------------
    This section would clarify congressional intent to ensure 
that USCG members are eligible to receive CRSC benefits 
consistent with other uniformed services. This section also 
would require the Secretary to promulgate guidance to ensure 
that USCG members injured during the performance of or during 
training for certain DHS missions (aviation, search and rescue, 
diving, or rescue swimmer related duties missions) and during 
certain hazardous duty on small vessels are eligible for the 
CRSC, consistent with DOD requirements. Section 217 also would 
allow USCG members who have been previously denied CRSC 
benefits to reapply.

Section 218. Maternity leave policies for the Coast Guard.

    This section would authorize the Commandant to implement 
maternity leave policies consistent with those of the Navy.

Section 219. Technical corrections and clerical amendments to title 14, 
        United States Code.

    Section 219 of the bill would correct select non-
substantive errors that now appear in title 14, United States 
Code.

                   TITLE III--SHIPPING AND NAVIGATION

Section 301. Whistleblower protections.

    Whistleblower protections are afforded to a seaman who, in 
good faith, reports a violation of maritime safety law to the 
USCG or another Federal department or agency. However, a seaman 
who reports a violation to a vessel owner, a vessel operator, 
or the seaman's employer does not receive the same 
protections--this is a significant shortcoming, given that most 
seaman are typically at sea, far away from any USCG or Federal 
representative, and thus unable to make protected complaints 
about safety concerns while aboard the vessel. Moreover, it 
does not expressly cover alleged violations of maritime 
environmental protection law. Section 301 of the bill would 
expand the covered class to include a seaman who reports a 
violation to a vessel owner, vessel operator, or the seaman's 
employer. Additionally, it would expressly cover both a 
violation of maritime safety law and a violation of maritime 
environmental protection law.

Section 302. Maritime drug law enforcement.

    The first component of section 302 of the bill would 
criminalize bulk currency smuggling of $100,000 or more in 
international waters in a vessel subject to the jurisdiction of 
the United States. As such, it would sever the chain of many 
illicit activities such as drug trafficking and human 
smuggling, and would improve the effectiveness of USCG 
interdiction effort.
    Since June 2009, USCG boarding teams have discovered six 
bulk cash shipments and seized a total of $10,700,000 from 
vessels involved in smuggling activities. However, the lack of 
a statutory authority criminalizing bulk currency smuggling in 
international waters often prevents prosecution of smugglers.
    Under current law,\21\ bulk currency smuggling is only 
criminalized when a person intends to evade a currency 
reporting requirement of the United States by smuggling $10,000 
or more into or out of the United States. However, that law 
does not criminalize the smuggling of bulk currency by vessels 
in international waters that are subject to the jurisdiction of 
the United States. As a result, transnational criminal 
organizations are not at risk of a criminal violation for 
smuggling bulk currency earnings from illicit criminal activity 
(drug trafficking, human smuggling, etc.) back to Central 
America and South America.
---------------------------------------------------------------------------
    \21\31 U.S.C. 5332.
---------------------------------------------------------------------------
    The second component of section 302 would extend the 
ability of the USCG to apprehend persons who attempt to evade 
prosecution under the Maritime Drug Law Enforcement Act (MDLEA) 
(46 U.S.C. 70501 et seq.) by destroying evidence of a 
controlled substance aboard a vessel subject to the 
jurisdiction of the United States. This would provide the USCG 
with additional tools to prevent the specific threat that drug 
trafficking presents to the security of the United States.
    Under the MDLEA, Congress stated ``that trafficking in 
controlled substances aboard vessels is a serious international 
problem, is universally condemned, and presents a specific 
threat to the security and societal well-being of the United 
States''.\22\ The MDLEA, which was enacted in 2006, authorizes 
the prosecution of knowingly and intentionally manufacturing, 
distributing, or possessing controlled substances aboard a 
vessel. The MDLEA does not, however, include language designed 
to criminalize the evasion of law enforcement operations by 
destroying evidence needed to prosecute persons under that Act.
---------------------------------------------------------------------------
    \22\Maritime Drug Law Enforcement Act (P.L. 96-350; 94 Stat. 1159) 
as amended by Maritime Drug Law Enforcement Prosecutions Improvements 
Act of 1986 (P.L. 99-570; 100 Stat. 3207-95).
---------------------------------------------------------------------------

Section 303. Carriage of liquid dangerous cargo.

    This section would restore the Secretary's pre-1984 
authority to regulate carriage of liquid bulk dangerous cargoes 
on fishing and fish tender vessels.
    Prior to 1983, fishing and fish tender vessels less than 
500 gross tons and all fish processing vessels less than 5,000 
gross tons were generally exempt from Federal laws governing 
tank vessels carrying liquid bulk dangerous cargoes, except 
where otherwise required by regulations promulgated by the 
USCG. In 1984, Congress expanded the exemption to cover all 
fishing and fish tender vessels, but also, without explanation, 
repealed the authority to issue regulations with regard to the 
carriage of liquid bulk dangerous cargoes. At that time, given 
the average age of the fleet, the loss of such authority and 
the attendant risk to life and property were not great. 
However, as the average age of the fleet has increased, the 
attendant risk has grown.

Section 304. Maritime transportation of hazardous materials.

    Prior to March 1, 2003, the USCG was a component of the 
DOT. At that time, the USCG exercised a variety of secretarial 
authorities--including select provisions of chapter 51 of title 
49, United States Code, that pertain to the transportation of 
hazardous materials as cargo on vessels operating on the 
navigable waters of the United States. When the USCG 
transferred to the DHS on March 1, 2003, these delegated 
authorities transferred with the USCG pursuant to the Homeland 
Security Act of 2002.
    Since 2003, Congress has amended provisions of chapter 51 
of title 49, United States Code, but did not expressly provide 
for the USCG and the USCG's capacity to exercise both the 
amended and new authorities.\23\
---------------------------------------------------------------------------
    \23\For example, see section 5106 of title 49, United States Code 
(relating to handling criteria), section 5107 of that title (relating 
to training requirements), section 5121 of that title (relating to 
emergency orders), secton 5122 of that title (relating to enforcement), 
section 5123 of that title (relating to civil penalties), and section 
5124 of that title (relating to criminal penalties).
---------------------------------------------------------------------------
    Section 304 of the bill would affirm the authority of the 
Secretary of the department in which the Coast Guard is 
operating with regard to hazardous materials as cargo on 
vessels operating on the navigable waters of the United States, 
thereby eliminating any disparity and potential confusion that 
may exist between DOT components and the USCG with regard to 
the enforcement of chapter 51 of title 49, United States Code.

Section 305. Recreational vessel operator education.

    Seven States and territories do not require any form of 
recreational vessel operator education. In these States, anyone 
can legally operate a recreational vessel in traffic without 
demonstrating any type of preparation or knowledge. Of the 
remaining States and territories, requirements vary drastically 
as to which operators have to be educated, and no two States 
have identical requirements. This lack of uniformity means that 
a vessel operator who boats in multiple States or simply drifts 
unknowingly into the waters of another State may be subject to 
differing requirements. This lack of uniformity may result in 
operators being penalized if guilty of failure to meet local 
requirements of which they were unaware.
    This section would authorize the Secretary to develop and 
propose a model national recreational vessel training 
curriculum and training standards that could be voluntarily 
adopted by the States. The model curriculum and training 
standards would promote uniformity of boating safety awareness 
and education, and could improve reciprocity of recreational 
vessel operator certificates and licenses among the States.

Section 306. Nondisclosure of certain information.

    Subsection (a) of section 306 of the bill would prohibit 
the public disclosure, under section 552 of title 5, United 
States Code, of certain information relating to an examination 
of professional qualification administered under part E of 
subtitle II of title 46, United States Code, for merchant 
seamen licenses, certificates, and documents. The prohibition 
would cover examination questions, answers, and characteristics 
related to the selection of a question for examinations, 
including the frequency of selection of a certain question and 
the frequency that an examinee correctly or incorrectly 
answered such question.
    Subsection (b) section 306 would grant the Secretary 
discretionary authority to release questions and answers that 
the Secretary determines are appropriate or necessary for the 
general public to prepare for the examination. This discretion 
will allow the Secretary to better ensure that applicants are 
sufficiently familiar with the matters they are expected to 
know.
    Subsection (c) of section 306 would require the Secretary 
to develop annually a sample merchant mariner exam and outline 
of exam topics and ensure that they are made readily available 
to the public.
    Subsection (d) of section 306 would ensure the release of 
the information to Congress.

Section 307. Higher volume port area regulatory definition change.

    Section 710 of the Coast Guard Authorization Act of 2010 
(P.L. 111-281; 124 Stat. 2905) directs the Commandant to modify 
the definition of the term ``higher volume port area'' in 
section 155.1020 of title 33 of the Code of Federal Regulations 
by striking ``Port Angeles, WA'' and inserting ``Cape Flattery, 
WA''--effectively moving the western boundary of the existing 
higher volume port from the line at Port Angeles, Washington, 
to Cape Flattery, Washington. This would have designated the 
whole of the Strait of Juan de Fuca a higher volume port area, 
but the provision is not ``self-executing.'' Section 307 of the 
bill would achieve the same end as the original statute, but in 
a manner that is significantly less burdensome from a 
regulatory viewpoint.

Section 308. Recognition of port security assessments conducted by 
        other entities.

    Section 70108 of title 46, United States Code, directs the 
Secretary to assess the effectiveness of the antiterrorism 
measures maintained at those foreign ports that are served by 
U.S. vessels, those from which foreign vessels depart on 
voyages to the United States, and those that the Secretary 
believes pose a security risk to international maritime 
commerce, at least once every three years. These assessments 
are done in consultation with the Secretaries of State and 
Defense.
    Section 308 of the bill would provide for the recognition 
of assessments that foreign governments and international 
organizations conduct, provided that the Secretary is notified 
of the outcome, and the assessments are done in accordance with 
U.S. requirements. In addition, it also would authorize the 
Secretary to enter into agreements with other governments and 
organizations to conduct assessments. Section 308 would not 
require the Secretary to recognize these assessments, nor would 
it limit the Secretary's authority to conduct an assessment at 
a foreign port.

Section 309. Model years for recreational vessels.

    The USCG's current regulatory definition of model year for 
recreational vessels is inconsistent with industry practice and 
interferes with the marketplace. This section would revise the 
definition of model year for new recreational vessels and 
provide industry with appropriate discretion to market their 
products.

Section 310. Recreational vessel engine weights.

    It has been more than 20 years since the USCG updated the 
references it provides manufacturers to use to determine the 
weight of engines when conducting floatation tests of new 
products. Today's engines are considerably heavier than those 
built in 1984. Using the outdated USCG references for engine 
weight could result in less floatation being added to the 
recreational vessel than is required to avoid swamping or 
sinking. This section would require the USCG to update its 
references to recreational vessel engine weights to ensure 
accurate vessel floatation tests by manufacturers and improve 
recreational vessel safety.

Section 311. Vessel replacement.

    Section 311 of the bill would amend section 53701 of title 
46, United States Code, by defining the term ``historical 
uses.'' In addition, with respect to direct loans for 
fisheries, this section would authorize the Secretary to make 
available a minimum of $59,000,000 each FY for historical uses 
as defined by the amendment proposed in this section, which is 
consistent with current appropriations. It also would authorize 
the Secretary to issue direct loans for the purpose of 
financing certain activities related to harvesting rights or 
the construction or reconstruction of fishing vessels in a 
fishery that is under a limited access system.

Section 312. Fishing vessel and fish tender vessel certification.

    This section would exempt fishing vessels and fish tender 
vessels from the requirements of section 4502(b) of title 46, 
United States Code, if: the vessel is between 50 and 190 feet 
long; was built after January 1, 2016; is designed by a 
registered professional engineer and the design incorporates 
standards equivalent to those prescribed by a classification 
society or another qualified organization approved by the 
Secretary; and vessel construction is overseen and certified by 
a marine surveyor approved by the Secretary. In addition, the 
vessel would be required to complete a stability test performed 
by a qualified individual, have written stability and loading 
instructions from a qualified individual, and have an assigned 
loading mark.
    Furthermore, the owner of the vessel would be required to 
have all substantial vessel modifications or changes reviewed 
by a registered professional engineer prior to initiation of 
the work; complete a condition survey at least biennially; 
complete an out-of-water survey at least once every five years; 
update the requirements for stability testing once every five 
years, or at the time a substantial change or modification is 
made to the vessel; and for the life of the vessel, maintain 
records to demonstrate compliance with this section and ensure 
those records are readily available for inspection by an 
authorized official.

Section 313. Title 46, United States Code, technical corrections.

    Section 313 of the bill would correct select non-
substantive errors that now appear in title 46, United States 
Code.

                 TITLE IV--FEDERAL MARITIME COMMISSION

Section 401. Authorization of appropriations.

    This section would authorize the activities of the FMC for 
FY 2016 and FY 2017 at the currently enacted level of $24.7 
million.

Section 402. Duties of the chairman.

    This section would reform certain administrative procedures 
of the FMC to improve accountability. Specifically, this 
section would ensure that all Commissioners have the 
opportunity to review hiring decisions and FMC annual budget 
submissions.

    TITLE V--SPORTFISH RESTORATION AND RECREATIONAL BOATING SAFETY 
                            REAUTHORIZATION


    This section includes the text of S. 834, the Sport Fish 
Restoration and Recreational Boating Safety Act, as reported by 
the Commerce Committee on March 25, 2015 (Senate Report 114-
91).

                 TITLE VI--CONVEYANCE OF USCG PROPERTY

            subtitle a--conveyance of coast guard property in point 
                    spencer, alaska

Section 601. Findings.

    This section would provide the rationale for the transfer 
of land at Point Spencer between the USCG, Bering Straits 
Native Corporation, and the State of Alaska.

Section 602. Definitions.

    This section would provide the definitions of terms and 
abbreviations that are used throughout title VI of the bill, 
including reference to a map of Point Spencer and the Tracts 
(1-6) subject to a land transfer.

Section 603. Authority to convey land in Point Spencer.

    This section would provide authority for the transfer of 
Tracts 2 and 5 to Bering Straits Native Corporation; Tract 6 to 
the State of Alaska if it chooses and if not to Bering Straits 
Native Corporation if it chooses. If Bering Straits Native 
Corporation accepts Tract 6, the State of Alaska would have the 
ability to enter into a lease for that land. Tracts 1, 3, and 4 
would be retained by the USCG until the Secretary of the 
department in which the Coast Guard is operating notifies the 
Secretary of the Interior that the USCG no longer needs to 
retain jurisdiction over any portion of those Tracts.
    This section also would provide for the terms of 
conveyance, including requirements for environmental clean-up. 
The USCG and State also would retain use of the current or any 
future landing pads, airstrip, runways, and taxiways, and right 
of access to the same, as well as to any lands that are under 
their jurisdiction.
    In addition, this section would authorize the Secretary to 
make cash sales of personal property located on Tract 4 to 
Bering Straits Native Corporation or to the State of Alaska in 
the amount of $5,580,000. The proceeds of this sale would be 
required to be deposited as offsetting collections into the 
Coast Guard Environmental Compliance and Restoration Account.
    This section also would require the Secretary of the 
Interior to prepare maps and legal descriptions of all Tracts 
covered by this Act and within 5 years survey the Tracts 
conveyed under this Act. Finally, this section would provide 
that no public access easements may be reserved to the United 
States under the Alaska Native Claims Settlement Act (43 U.S.C. 
1601 et seq.) with respect to the land conveyed.

Section 604. Port Coordination Advisory Council for Point Spencer.

    This section would provide for the establishment of a Port 
Coordination Advisory Council for Point Spencer. The Council 
members would be appointed by the State of Alaska and Bering 
Straits Native Corporation. The Council would develop a Port 
Management Coordination Plan to help coordinate infrastructure 
development and operations at Point Spencer. The Plan would be 
required to be updated annually for the first 5 years and then 
biennially thereafter. The Plan would be developed and 
implemented by the Council in such a manner so as to facilitate 
and support, and not interfere with nor impede, the statutory 
missions, duties, and operations of the USCG in the Arctic.

Section 605. Waiver.

    This section would provide that section 229 of the Howard 
Coble Coast Guard and Maritime Transportation Act of 2014 (P.L. 
113-281) shall not prohibit any transfer or conveyance of lands 
under this Act.
            subtitle b--other conveyance of uscg property

Section 611. Conveyance of Coast Guard property in Point Reyes Station, 
        California.

    This section would authorize the USCG to provide the County 
of Marin, California the right of first refusal in the 
conveyance at fair market value of property under its 
administrative control in Point Reyes, California. The 
Committee expects the USCG to notify the county of its right of 
first refusal as soon as practicable after completion of the 
appraisal required under this section. The Committee also 
expects this appraisal to meet Federal standards, including the 
Uniform Appraisal Standards for Federal Land Acquisitions. 
Finally, the Committee expects the USCG will provide the county 
at least one year after notifying it of its right of first 
refusal to enter into a contract for the sale of the property.

Section 612. Conveyance of Coast Guard property in Tok, Alaska.

    This section would authorize the USCG to provide the Tanana 
Chiefs Council, a nonprofit intertribal consortium of federally 
recognized Alaska tribes, the right of first refusal in the 
conveyance at fair market value of property under its 
administrative control in Tok, Alaska.

                        TITLE VII--MISCELLANEOUS

Section 701. Interagency Coordinating Committee on Oil Pollution 
        Research.

    The Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) 
established the Interagency Coordinating Committee on Oil 
Pollution Research for the purpose of coordinating a 
comprehensive program of oil pollution research, technology 
development, and demonstration among the Federal agencies. This 
section would--

     address the outdated reference to the Minerals 
Management Service;

     include the U.S. Arctic Research Commission as a 
named member of that Committee, reflecting the recent 
designation of the Commission as a member of that Committee; 
and

     provide for the representative of the National 
Oceanic and Atmospheric Administration, the representative of 
the Bureau of Safety and Environmental Enforcement, and the 
representative of the Environmental Protection Agency to serve, 
on a rotating basis, as the vice chairman of that Committee.

Section 702. Accident and incident notification.

    The Pipeline Safety, Regulatory Certainty, and Job Creation 
Act of 2011 (P.L. 112-90; 125 Stat. 1904), in part, directs the 
Secretary of Transportation to revise the regulations relating 
to pipeline accidents and incidents, so as to oblige pipeline 
owners and operators to give telephonic or electronic notice of 
every accident and incident to the DOT and the USCG's National 
Response Center (NRC) at the earliest practicable time. 
Significantly, that Act requires the NRC to ``update the 
initial report on [a pipeline] accident or incident instead of 
generating a new report'' after ``receiving revisions'' of an 
initial notice of such an accident or incident.\24\
---------------------------------------------------------------------------
    \24\Section 9 of the Pipeline Safety, Regulatory Certainty, and Job 
Creation Act of 2011 (relating to accident and incident 
notification)(49 U.S.C. 60117 note).
---------------------------------------------------------------------------
    Implementation of this requirement presents policy and 
practical concerns for the NRC. For evidentiary purposes, NRC 
staff members are not permitted to amend or otherwise modify a 
generated report of an incident. That practice, which has been 
a standard procedure for decades, preserves the chain of 
evidence for subsequent investigations and litigation. From a 
policy perspective, the requirement creates a greater risk of 
inaccuracies in the reports which NRC staff members generate 
from the notices that pipeline owners and operators submit. If 
staff members are required to ``update'' an earlier report 
based solely on ``revisions'' to an initial notice, an element 
of judgment will have been interjected into the existing system 
that could be misplaced. NRC staff are forced to assess whether 
subsequent notices are in fact revisions of initial notices, 
whether submitting personnel are authorized to transmit the 
revisions, and whether an initial report needs to be amended 
and how. The judgment calls necessary for making those 
assessments are better left to the Federal On-scene commander 
or someone else with first-hand knowledge of the accident or 
incident. Each report generated by an NRC staff member should 
only be required to accurately reflect the underlying notice 
that gave rise to the report.
    Another concern is the high cost of software modifications 
that will be necessary to fully implement that Act. The NRC 
believes that the estimated cost to the USCG ($350,000 and 
$500,000) could be replicated throughout the National Response 
System, with the total cost for modifications to the other 
participating 24 Federal entities, 56 States and territories, 
and over 3,000 counties being $1 billion to $1.5 billion. 
Accordingly, section 702 of the bill would strike this 
provision from law.

Section 703. Technical corrections relating to bridges.

    This section would amend various bridge-related statutes 
involving the USCG to clarify that the authority therein is 
vested in the Secretary of the department in which the Coast 
Guard is operating, not the Secretary of Transportation, and 
make other minor amendments.

Section 704. International port and facility inspection coordination.

    This section would correct the reference to ``the Secretary 
of the department in which the Coast Guard is operating'' to 
the ``Secretary of Homeland Security'' in the event that the 
USCG is transferred to the Department of the Navy. This would 
ensure that the Secretary of Homeland Security is still 
responsible for the completion of foreign port assessments.
    In addition, three provisions of law require the Secretary 
of Homeland Security to carry out foreign port assessments. 
U.S. Customs and Border Protection conducts two--Container 
Security Initiative and Customs-Trade Partnership Against 
Terrorism--of the SAFE Port Act (P.L. 109-347; 120 Stat. 1884), 
while the USCG conducts one, foreign port assessments. 
Presently, the Secretary is required to conduct the assessments 
concurrently, or develop a process by which they are integrated 
and conducted by the USCG. This section would amend that 
language and require the Secretary to conduct the assessments 
concurrently or coordinate them between the USCG and Customs 
and Border Protection.

Section 705. Reports.

    This section would eliminate one outdated and duplicative 
report and modify the due date of two other reports.

Section 706. Safe vessel operation in the Great Lakes.

    This section would bar the USCG and the Environmental 
Protection Agency from prohibiting the uptake or discharge of 
ballast water from a vessel operating in certain National 
Marine Sanctuaries located in the Great Lakes if such uptake 
and discharge meets all Federal and State requirements and the 
designation documents for the marine sanctuary do not prohibit 
such uptake and discharge.

Section 707. Coastwise endorsement.

    This section would grant a coastwise endorsement for the f/
v rondys.

Section 708. International ice patrol.

    This section would require the Commandant to report to 
Congress on the USCG's current involvement in the International 
Ice Patrol, and any alternatives that could be utilized to 
conduct that mission. The report would be required to include: 
alternatives that could provide timely data on ice conditions 
with the highest possible resolution and accuracy; alternatives 
that can operate in all weather conditions, both day and night; 
and whether those alternatives are more cost effective than 
current operations.

Section 709. Pribilof Islands.

    This section would require the Secretary of Commerce to 
transfer certain parcels of land on St. Paul Island, Alaska to 
the native village corporation for St. Paul Island in 
accordance with the Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.). This is a final step with respect to the 
process for land conveyances, in Congress' on-going efforts to 
fulfill the Federal Government's commitments to help build a 
viable economy on the Pribilof Islands. In order to accomplish 
the original objective, Congress enacted a series of laws with 
a variety of provisions to help the Pribilof Islands and their 
people transition to a new economy not based on the commercial 
harvest of fur seals. This section would enable the closure of 
50-plus years of land selection and conveyance history 
pertaining to the Native people of the Pribilof Islands, and 
their relationship with Congress and the Federal Government.

Section 710. No charge for parking facilities.

    Section 611 of the Howard Coble Coast Guard and Maritime 
Transportation Act of 2014 (Public Law 113-281; 128 Stat. 3022) 
made unused parking spots at the DHS St. Elizabeth's Campus 
available to USCG personnel until other personnel from the DHS 
are transferred to the campus. Section 710 of the bill would 
amend that law to ensure that the unused parking spaces are 
provided to the USCG, its members, or employees at no cost, 
until other personnel from the DHS are transferred to the 
campus.

Section 711. Assessment of oil spill response and cleanup activities in 
        the Great Lakes.

    This section would require the Commandant, in consultation 
with the Administrator of the National Oceanic and Atmospheric 
Administration, to conduct an assessment of the effectiveness 
of oil spill response and clean-up activities on the Great 
Lakes.

Section 712. Report on status of technology detecting passengers who 
        have fallen overboard.

    This section would require the Commandant to report to 
Congress on the status of technology that could be utilized 
aboard cruise ships to immediately detect passengers who have 
fallen overboard; recommendations to cruise lines on the 
feasibility of implementing that technology; cruise line data 
on the integration of that technology; and any other available 
technologies that cruise ships could integrate to assist in 
facilitating the search and rescue of a passenger who has 
fallen overboard.

              TITLE VIII--VESSEL INCIDENTAL DISCHARGE ACT

    This section includes the text of S. 373, the Vessel 
Incidental Discharge Act, as reported on March 25, 2015 (Senate 
Report 114-96).

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                         TITLE 14. COAST GUARD.


                      PART I. REGULAR COAST GUARD

                CHAPTER 3. COMPOSITION AND ORGANIZATION

Sec. 41. Grades and ratings

  In the Coast Guard there shall be [an admiral]  admirals, 
vice admirals; rear admirals; rear admirals (lower half); 
captains; commanders; lieutenant commanders; lieutenants; 
lieutenants (junior grade); ensigns; chief warrant officers; 
cadets; warrant officers; and enlisted members. Enlisted 
members shall be distributed in ratings established by the 
Secretary.

Sec. 46. Retirement of Commandant

  (a) A Commandant who is not reappointed shall be retired with 
the grade of admiral at the expiration of the appointed term, 
except as provided in [subsection] section 51(d) of this title.
  (b) A Commandant who is retired for physical disability shall 
be placed on the retired list with the grade of admiral.
  (c) An officer who is retired prior to the expiration of his 
term, while serving as Commandant, may, in the discretion of 
the President, be retired with the grade of admiral.

Sec. 47. [Vice commandant; appointment] Vice Commandant; appointment

  The President may appoint, by and with the advice and consent 
of the Senate, one Vice Commandant who shall rank next after 
the Commandant, shall perform such duties as the Commandant may 
prescribe and shall act as Commandant during the absence or 
disability of the Commandant or in the event that there is a 
vacancy in the office of Commandant. The Vice Commandant shall 
be selected from the officers on the active duty promotion list 
serving above the grade of captain. The Commandant shall make 
recommendation for such appointment. The Vice Commandant shall, 
while so serving, have the grade of [vice admiral] admiral with 
pay and allowances of that grade. The appointment and grade of 
a Vice Commandant shall be effective on the date the officer 
assumes that duty, and shall terminate on the date the officer 
is detached from that duty, except as provided in section 51(d) 
of this title.

Sec. 50. Vice admirals

  (a)[(1) The President may designate no more than 4 positions 
of importance and responsibility that shall be held by officers 
who--
                  [(A) while so serving, shall have the grade 
                of vice admiral, with the pay and allowances of 
                that grade; and
                  [(B) shall perform such duties as the 
                Commandant may prescribe.]
  (1) The President may--
          (A) designate, within the Coast Guard, no more than 5 
        positions of importance and responsibility that shall 
        be held by officers who, while so serving, shall have 
        the grade of vice admiral, with the pay and allowances 
        of that grade, and shall perform such duties as the 
        Commandant may prescribe (and if the President 
        designates 5 such positions, 1 position shall be the 
        Chief of Staff of the Coast Guard); and
          (B) designate within the Executive branch, other than 
        within the Coast Guard, positions of importance and 
        responsibility that shall be held by officers who, 
        while so serving, shall have the grade of vice admiral, 
        with the pay and allowances of that grade.
          (2) The President may appoint, by and with the advice 
        and consent of the Senate, and reappoint, by and with 
        the advice and consent of the Senate, to any such 
        position an officer of the Coast Guard who is serving 
        on active duty above the grade of captain. The 
        Commandant shall make recommendations for such 
        appointments.
          (3)(A) Except as provided in subparagraph (B), one of 
        the vice admirals designated [under paragraph (1)]  
        under paragraph (1)(A) must have at least 10 years 
        experience in vessel inspection, marine casualty 
        investigations, mariner licensing, or an equivalent 
        technical expertise in the design and construction of 
        commercial vessels, with at least 4 years of leadership 
        experience at a staff or unit carrying out marine 
        safety functions and shall serve as the principal 
        advisor to the Commandant on these issues.
                  (B) The requirements of subparagraph (A) do 
                not apply to such vice admiral if the 
                subordinate officer serving in the grade of 
                rear admiral with responsibilities for marine 
                safety, security, and stewardship possesses 
                that experience.
  (b)(1) The appointment and the grade of vice admiral shall be 
effective on the date the officer assumes that duty and, except 
as provided in paragraph (2) of this subsection or in section 
51(d) of this title, shall terminate on the date the officer is 
detached from that duty.
          (2) An officer who is appointed to a position 
        designated under subsection (a) shall continue to hold 
        the grade of vice admiral--
                  (A) while under orders transferring the 
                officer to another position designated under 
                subsection (a), beginning on the date the 
                officer is detached from that duty and 
                terminating on the date before the day the 
                officer assumes the subsequent duty, but not 
                for more than 60 days;
                  (B) while hospitalized, beginning on the day 
                of the hospitalization and ending on the day 
                the officer is discharged from the hospital, 
                but not for more than 180 days; [and]
                  (C) at the discretion of the Secretary, while 
                awaiting orders after being relieved from the 
                position, beginning on the day the officer is 
                relieved from the position, but not for more 
                than 60 days; and
                  [(C)](D) while awaiting retirement, beginning 
                on the date the officer is detached from duty 
                and ending on the day before the officer's 
                retirement, but not for more than 60 days.
  (c)(1) An appointment of an officer under subsection (a) does 
not vacate the permanent grade held by the officer.
          (2) An officer serving in a grade above rear admiral 
        who holds the permanent grade of rear admiral (lower 
        half) shall be considered for promotion to the 
        permanent grade of rear admiral as if the officer was 
        serving in the officer's permanent grade.
  (d) Whenever a vacancy occurs in a position designated under 
subsection (a), the Commandant shall inform the President of 
the qualifications needed by an officer serving in that 
position or office to carry out effectively the duties and 
responsibilities of that position or office.

Sec. 51. Retirement

  (a) An officer, other than the Commandant, who, while serving 
in the grade of admiral or vice admiral, is retired for 
physical disability shall be placed on the retired list with 
the highest grade in which that officer served.
  (b) An officer, other than the Commandant, who is retired 
while serving in the grade of admiral or vice admiral, or who, 
after serving at least 2 1/2 years in the grade of admiral or 
vice admiral, is retired while serving in a lower grade, may in 
the discretion of the President, be retired with the highest 
grade in which that officer served.
  (c) An officer, other than the Commandant, who, after serving 
less than 2 1/2 years in the grade of admiral or vice admiral, 
is retired while serving in a lower grade, shall be retired in 
his permanent grade.
  (d) An officer serving in the grade of admiral or vice 
admiral shall continue to hold that grade--
          (1) while being processed for physical disability 
        retirement, beginning on the day of the processing and 
        ending on the day that officer is retired, but not for 
        more than 180 days; and
          (2) while awaiting retirement, beginning on the day 
        that officer is relieved from the position of 
        Commandant, Vice Commandant, or Vice Admiral and ending 
        on the day before the officer's retirement, but not for 
        more than 60 days.

Sec. 60. Training course on workings of Congress

  (a) In General.--Not later than 180 days after the date of 
the enactment of the Coast Guard Authorization Act of 2015, the 
Commandant, in consultation with the civilian and permanent 
commissioned teaching staff of the Department of Humanities at 
the Coast Guard Academy and such other individuals and 
organizations as the Commandant considers appropriate, shall 
develop an annual training course for all Coast Guard flag 
officers newly appointed or assigned to billets in the National 
Capital Region and all Coast Guard senior executive service 
personnel employed in the National Capital Region to educate 
them on the workings of Congress.
  (b) Course Subject Matter.--The training course required by 
this section shall cover a variety of subjects related to 
Congress and the Federal legislative process, including--
          (1) the history and structure of Congress and the 
        committee systems of the House of Representatives and 
        the Senate, including the functions and 
        responsibilities of the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate;
          (2) the documents used by Congress, including bills, 
        resolutions, committee reports, and conference reports, 
        and the purposes they serve;
          (3) the legislative processes of the House of 
        Representatives and the Senate, including similarities 
        and differences between the two processes;
          (4) the roles of Members of Congress and 
        congressional staff in the legislative process;
          (5) the congressional budget process;
          (6) the congressional authorization-appropriation 
        process;
          (7) the Senate advice and consent process for 
        presidential nominees;
          (8) the Senate advice and consent process for treaty 
        ratification;
          (9) the concept and underlying purposes of 
        congressional oversight; and
          (10) best practices that promote effective and 
        successful interactions with Congress.
  (c) Lecturers and Panelists.--
          (1) Outside experts.--The Commandant shall ensure 
        that not less than 60 percent of the lecturers, 
        panelists, and other individuals providing education 
        and instruction as part of the training course required 
        by this section are experts on Congress and the Federal 
        legislative process who are not employed by the 
        executive branch of the Federal Government, such as the 
        Congressional Research Service.
          (2) Authority to accept pro bono services.--In 
        satisfying the requirement under paragraph (1), the 
        Commandant shall seek, and is authorized to accept, 
        educational and instructional services of lecturers, 
        panelists, and other individuals and organizations 
        provided to the Coast Guard on a pro bono basis.
  (d) Completion of Required Training.--
          (1) Current flag officers and employees.--A Coast 
        Guard flag officer appointed or assigned to a billet in 
        the National Capital Region on the date of the 
        enactment of this section, and a Coast Guard senior 
        executive service employee employed in the National 
        Capital Region on the date of the enactment of this 
        section, shall complete a training course that meets 
        the requirements of this section within 60 days of the 
        date on which the Commandant completes the development 
        of the training course.
          (2) New flag officers and employees.--A Coast Guard 
        flag officer who is newly appointed or assigned to a 
        billet in the National Capital Region, and a Coast 
        Guard senior executive service employee who is newly 
        employed in the National Capital Region, shall complete 
        a training course that meets the requirements of this 
        section not later than 60 days after reporting for 
        duty.

                    CHAPTER 5. FUNCTIONS AND POWERS

Sec. 98. 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) Except as provided in paragraph (2), the 
        Secretary shall not expend any appropriated Federal 
        funds for the engineering, design, or construction of 
        any museum established under this section.
          [(2) The Secretary shall fund the operation and 
        maintenance of the National Coast Guard Museum with 
        nonappropriated and non-Federal funds to the maximum 
        extent practicable. The priority use of Federal 
        operation and maintenance funds should be to preserve 
        and protect historic Coast Guard artifacts.]
  [(c)](b) Funding Plan.--Before the date on which the 
Commandant establishes a 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)](c) Authority.--The Commandant may not establish a Coast 
Guard museum except as set forth in this section.

                     CHAPTER 9. COAST GUARD ACADEMY

Sec. 196. Participation in Federal, State, or other educational 
                    research grants

  (a) In General.--Notwithstanding any other provision of law, 
the United States Coast Guard Academy may compete for and 
accept Federal, State, or other educational research grants, 
subject to the following limitations:
          (1) No award may be accepted for the acquisition or 
        construction of facilities.
          (2) No award may be accepted for the routine 
        functions of the Academy.
  (b) Authority.--
          (1) Contract or cooperative agreement.--
        Notwithstanding chapter 63 of title 31 and chapter 137 
        of title 10, the Commandant may enter into a contract 
        or cooperative agreement with a nonprofit organization, 
        described under section 501(c)(3) of the Internal 
        Revenue Code of 1986 and exempt from taxation under 
        section 501(a) of that Code, that the Coast Guard 
        Academy Alumni Association may establish for the 
        purpose of supporting academic research and applying 
        for and administering Federal, State, or other 
        educational research grants on behalf of the Coast 
        Guard Academy. Notwithstanding any other provision of 
        law or policy to the contrary, the Commandant may enter 
        such contract or cooperative agreement on a sole source 
        basis.
          (2) Lease or license.--The Commandant may enter into 
        a lease or license with a nonprofit organization, 
        described under section 501(c)(3) of the Internal 
        Revenue Code of 1986 and exempt from taxation under 
        section 501(a) of that Code, that the Coast Guard 
        Academy Alumni Association may establish for the 
        purpose of supporting academic research and applying 
        for and administering Federal, State, or other 
        educational research grants on behalf of the Coast 
        Guard Academy.
  (c) Use of Coast Guard Personal Property.--The Commandant may 
allow a nonprofit organization, described under section 
501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
taxation under section 501(a) of that Code, that the Coast 
Guard Academy Alumni Association may establish to use, at no 
cost, personal property of the Coast Guard to assist the non-
profit organization in supporting academic research and 
applying for and administering Federal, State, or other 
educational research grants on behalf of the Coast Guard 
Academy.
  (d) Acceptance of Support.--
          (1) Support received from a 501(c)(3) nonprofit 
        organization.--Notwithstanding section 93 of this 
        title, the Commandant may accept funds, supplies, and 
        services from a nonprofit organization, described under 
        section 501(c)(3) of the Internal Revenue Code of 1986 
        and exempt from taxation under section 501(a) of that 
        Code, that the Coast Guard Academy Alumni Association 
        may establish for the support of academic research and 
        applying for and administering Federal, State, or other 
        educational research grants on behalf of the Coast 
        Guard Academy. For purposes of this subsection, 
        employees or personnel of such nonprofit organization 
        shall not be employees of the United States.
          (2) Limitation.--The Commandant shall ensure that 
        contributions under this subsection do not reflect 
        unfavorably on the ability of the Coast Guard, any of 
        its employees, or any member of the armed forces to 
        carry out any responsibility or duty in a fair and 
        objective manner, or compromise the integrity or 
        appearance of integrity of any program of the Coast 
        Guard, or any individual involved in such a program.
  (e) Retention and Use of Funds.--Funds received under this 
section may be retained for use in support of academic research 
and applying for and administering Federal, State, or other 
educational research grants on behalf of the Coast Guard 
Academy and shall remain available until expended.
  (f) Conditions.--The authority provided in this section with 
respect to a nonprofit organization, described under section 
501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
taxation under section 501(a) of that Code, that the Coast 
Guard Academy Alumni Association may establish is valid only so 
long as such nonprofit organization continues to--
          (1) qualify as a nonprofit organization, described 
        under section 501(c)(3) of the Internal Revenue Code of 
        1986 and exempt from taxation under section 501(a) of 
        that Code, and operates in accordance with this 
        section, the laws of the State of Connecticut, and the 
        constitution and bylaws of the nonprofit organization; 
        and
          (2) operate exclusively to support academic research 
        and applying for and administering Federal, State, or 
        other educational research grants on behalf of the 
        Coast Guard Academy.

                 CHAPTER 11. PERSONNEL ENLISTED MEMBERS

Sec. 357. [Involuntary retirement of enlisted members] Retirement of 
                    enlisted members: increase in retired pay

  [(a) Enlisted Personnel Boards shall be convened as the 
Commandant may prescribe to review the records of enlisted 
members who have twenty or more years of active military 
service.
  [(b) Enlisted members who have twenty or more years of active 
military service may be considered by the Commandant for 
involuntary retirement and may be retired on recommendation of 
a Board--
          [(1) because the member's performance is below the 
        standards the Commandant prescribes; or
          [(2) because of professional dereliction.
  [(c) An enlisted member under review by the Board shall be--
          [(1) notified in writing of the reasons the member is 
        being considered for involuntary retirement;
          [(2) allowed sixty days from the date on which 
        counsel is provided under paragraph (3) to submit any 
        matters in rebuttal;
          [(3) provided counsel, certified under section 827(b) 
        of title 10, to help prepare the rebuttal submitted 
        under paragraph (2) and to represent the member before 
        the Board under paragraph (5);
          [(4) allowed full access to and be furnished with 
        copies of records relevant to the consideration for 
        involuntary retirement prior to submission of the 
        rebuttal submitted under paragraph (2); and
          [(5) allowed to appear before the Board and present 
        witnesses or other documentation related to the review.
  [(d) A Board convened under this section shall consist of at 
least three commissioned officers, at least one of whom shall 
be of the grade of commander or above.
  [(e) A Board convened under this section shall recommend to 
the Commandant enlisted members who--
          [(1) have twenty or more years of active service;
          [(2) have been considered for involuntary retirement; 
        and
          [(3) it determines should be involuntarily retired.
  [(f) After the Board makes its determination, each enlisted 
member the Commandant considers for involuntary retirement 
shall be--
          [(1) notified by certified mail of the reasons the 
        member is being considered for involuntary retirement;
          [(2) allowed sixty days from the date counsel is 
        provided under paragraph (3) to submit any matters in 
        rebuttal;
          [(3) provided counsel, certified under section 827(b) 
        of title 10, to help prepare the rebuttal submitted 
        under paragraph (2); and
          [(4) allowed full access to and be furnished with 
        copies of records relevant to the consideration for 
        involuntary retirement prior to submission of the 
        rebuttal submitted under paragraph (2).
  [(g) If the Commandant approves the Board's recommendation, 
the enlisted member shall be notified of the Commandant's 
decision and shall be retired from the service within ninety 
days of the notification.
  [(h) An enlisted member, who has completed twenty years of 
service and who the Commandant has involuntarily retired under 
this section, shall receive retired pay.]
  [(i)] An enlisted member voluntarily or involuntarily retired 
after twenty years of service who was cited for extraordinary 
heroism in the line of duty shall be entitled to an increase in 
retired pay. The retired pay shall be increased by 10 percent 
of--
          (1) the active-duty pay and permanent additions 
        thereto of the grade or rating with which retired when 
        the member's retired pay is computed under section 
        423(a) of this title; or
          (2) the member's retired pay base under section 1407 
        of title 10, when a member's retired pay is computed 
        under section 423(b) of this title.
  [(j) When the Secretary orders a reduction in force, enlisted 
personnel may be involuntarily separated from the service 
without the Board's action.]

Sec. 421a. Involuntary recall to active duty

  The Commandant may recall a retired member of the Coast Guard 
who is subject to section 802 of title 10 and order that member 
to active duty, without the member's consent, for the purpose 
of any of the following:
          (1) A preliminary hearing under section 832 of title 
        10.
          (2) Trial by court-martial under chapter 47 of title 
        10.
          (3) Nonjudicial punishment under section 815 of title 
        10.

Sec. 427. Prohibition of certain involuntary administrative separations

  (a) In General.--Except as provided in subsection (b), the 
Secretary may not authorize the involuntary administrative 
separation of a covered individual based on a determination 
that the covered individual is unsuitable for deployment or 
other assignment due to a medical condition of the covered 
individual considered by a Physical Evaluation Board during an 
evaluation of the covered individual that resulted in the 
covered individual being determined to be fit for duty.
  (b) Reevaluation.--
          (1) In general.--The Secretary may require a Physical 
        Evaluation Board to reevaluate any covered individual 
        if the Secretary determines there is reason to believe 
        that a medical condition of the covered individual 
        considered by a Physical Evaluation Board during an 
        evaluation of the covered individual renders the 
        covered individual unsuitable for continued duty.
          (2) Retirements and separations.--A covered 
        individual who is determined, based on a reevaluation 
        under paragraph (1), to be unfit to perform the duties 
        of the covered individual's office, grade, rank, or 
        rating may be retired or separated for physical 
        disability under [this chapter] chapter 61 of title 10.
  (c) Covered Individual Defined.--In this section, the term 
``covered individual'' means any member of the Coast Guard who 
has been determined by a Physical Evaluation Board, pursuant to 
a physical evaluation by that board, to be fit for duty.

Sec. 429. Multirater assessment of certain personnel

  (a) Multirater Assessment of Certain Personnel.--
          (1) In general.--Commencing not later than one year 
        after the date of the enactment of the Coast Guard 
        Authorization Act of 2015, the Commandant of the Coast 
        Guard shall develop and implement a plan to conduct 
        every two years a multirater assessment for each of the 
        following:
                  (A) Each flag officer of the Coast Guard.
                  (B) Each member of the Senior Executive Staff 
                of the Coast Guard.
                  (C) Each officer of the Coast Guard nominated 
                for promotion to the grade of captain.
          (2) Post-assessment elements.--Following an 
        assessment of an individual pursuant to paragraph (1), 
        the individual shall be provided appropriate post-
        assessment counseling and leadership coaching.
  (b) Report on Leadership Development.--Not later than 180 
days after the date of the enactment of the Coast Guard 
Authorization Act of 2015, the Commandant 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 feasibility of 
including a multirater assessment as part of the personnel 
development programs of the Coast Guard. The report shall 
include the following:
          (1) An assessment of the feasibility of--
                  (A) all officers (other than officers covered 
                by subsection (a)) completing a multirater 
                assessment;
                  (B) all members (other than officers covered 
                by subsection (a)) in command positions 
                completing a multirater assessment;
                  (C) all enlisted members in a supervisory 
                position completing a multirater assessment; 
                and
                  (D) members completing periodic multirater 
                assessments.
          (2) Such recommendations as the Commandant considers 
        appropriate for the implementation or expansion of a 
        multirater assessment in the personnel development 
        programs of the Coast Guard.
          (3) An overview of each of the current leadership 
        development courses of the Coast Guard, an assessment 
        of the feasibility of the expansion of any such course, 
        and a description of the resources, if any, required to 
        expand such courses.
          (4) An assessment on the state of leadership training 
        in the Coast Guard, and recommendations on the 
        implementation of a policy to combat toxic leadership 
        including--
                  (A) a description of methods that will be 
                used by the Coast Guard to identify, monitor, 
                and counsel individuals who may be identified 
                as toxic leaders;
                  (B) the implementation of toxic leadership 
                recognition training (in self and others);
                  (C) the establishment of procedures for the 
                administrative separation of toxic leaders; and
                  (D) a description of the resources needed to 
                implement this section.
  (c) Multirater Assessment Defined.--In this section, the term 
``multirater assessment'' means a review that seeks opinion 
from members senior to the reviewee and the peers and 
subordinates of the reviewee.

Sec. 430. Investigations of Flag Officers and Senior Executive Service

  An investigation into an allegation of misconduct by a senior 
official shall be conducted in a manner consistent with the 
policies of the Department of Defense for such an 
investigation. The Inspector General of the Department of 
Homeland Security shall consult with the Inspector General of 
the Department of Defense any time a report of an allegation of 
misconduct is made against a senior official.

   CHAPTER 13. PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

[Sec. 461. Remission of indebtedness of enlisted members upon discharge

  [If he considers it in the best interest of the United 
States, the Secretary may have remitted or canceled any part of 
an enlisted member's indebtedness to the United States or any 
of its instrumentalities remaining unpaid before, or at the 
time of, that member's honorable discharge.]

Sec. 461. Remission of indebtedness

  The Secretary may have remitted or cancelled any part of a 
person's indebtedness to the United States or any 
instrumentality of the United States if--
          (1) the indebtedness was incurred while the person 
        served on active duty as a member of the Coast Guard; 
        and
          (2) the Secretary determines that remitting or 
        cancelling the indebtedness is in the best interest of 
        the United States.

Sec. 519. Annual audit of pay and allowances of members undergoing 
                    permanent change of station

  The Commandant shall conduct each calendar year an audit of 
member pay and allowances for the members who transferred to 
new units during such calendar year. The audit for a calendar 
year shall be completed by the end of the calendar year.

                        CHAPTER 15. ACQUISITIONS

                    SUBCHAPTER I. GENERAL PROVISIONS

Sec. 569. Mission need statement

  (a) In General.--On the date on which the President submits 
to Congress a budget for fiscal year 2016 under section 1105 of 
title 31, on the date on which the President submits to 
Congress a budget for fiscal year 2019 under such section, and 
every 4 years thereafter, 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 an integrated major acquisition 
mission need statement.
  (b) Definitions.--In this section, the following definitions 
apply:
          (1) Integrated major acquisition mission need 
        statement.--The term ``integrated major acquisition 
        mission need statement'' means a document that--
                  (A) identifies current and projected gaps in 
                Coast Guard mission capabilities using mission 
                hour targets;
                  (B) explains how each major acquisition 
                program addresses gaps identified under 
                subparagraph (A) if funded at the levels 
                provided for such program in the most recently 
                submitted capital investment plan; and
                  (C) describes the missions the Coast Guard 
                will not be able to achieve, by fiscal year, 
                for each gap identified under subparagraph (A).
          (2) Major acquisition program.--The term ``major 
        acquisition program'' has the meaning given that term 
        [in section 569a(e)] in section 2903.
          (3) Capital investment plan.--The term ``capital 
        investment plan'' means the plan required [under 
        section 663(a)(1)]  under section 2902(a)(1).

       SUBCHAPTER II. IMPROVED ACQUISITION PROCESS AND PROCEDURES

Sec. 573. Preliminary development and demonstration

           *       *       *       *       *       *       *


  (c) Technical Certification.--
          (1) In general.--The Commandant shall ensure that any 
        Level 1 or Level 2 acquisition project or program is 
        certified by the technical authority of the Coast Guard 
        after review by an independent third party with 
        capabilities in the mission area, asset, or particular 
        asset component.
          (2) TEMPEST testing.--The Commandant shall--
                  (A) cause all electronics on all aircraft, 
                surface, and shore capabilities and assets that 
                require TEMPEST certification and that are 
                delivered after the date of enactment of the 
                Coast Guard Authorization Act of 2010 to be 
                tested in accordance with TEMPEST standards and 
                communications security (comsec) standards by 
                an independent third party that is authorized 
                by the Federal Government to perform such 
                testing; and
                  (B) certify that the assets meet all 
                applicable TEMPEST requirements.
          (3) Cutter classification.--
                  (A) In general.--The Commandant shall cause 
                each cutter, other than a National Security 
                Cutter or Polar Icebreaker, acquired by the 
                Coast Guard and delivered after the date of 
                enactment of the Coast Guard Authorization Act 
                of 2010 to be classed by the American Bureau of 
                Shipping before final acceptance.
                  (B) [Repealed]
          (4) Other vessels.--The Commandant shall cause the 
        design and construction of each National Security 
        Cutter or Polar Ice Breaker, other than National 
        Security Cutters 1, 2, and 3, to be assessed by an 
        independent third party with expertise in vessel design 
        and construction certification.
          (5) Aircraft airworthiness.--The Commandant shall 
        cause all aircraft and aircraft engines acquired by the 
        Coast Guard and delivered after the date of enactment 
        of the Coast Guard Authorization Act of 2010 to be 
        assessed for airworthiness by an independent third 
        party with expertise in aircraft and aircraft engine 
        certification before final acceptance.

                      SUBCHAPTER III. DEFINITIONS

Sec. 581. Definitions

           *       *       *       *       *       *       *


          (5) Level 2 acquisition.--The term ``Level 2 
        acquisition'' means an acquisition by the Coast Guard--
                  (A) the estimated life-cycle costs of which 
                are equal to or less than $1,000,000,000, but 
                greater than $300,000,000; or
                  (B) the estimated total acquisition costs of 
                which are equal to or less than 
                [$300,000,0000,] $300,000,000 but greater than 
                $100,000,000.

           *       *       *       *       *       *       *


                       CHAPTER 17. ADMINISTRATION

Sec. 637. Stopping vessels; indemnity for firing at or into vessel

           *       *       *       *       *       *       *


  (c) A vessel or aircraft is an authorized vessel or 
authorized aircraft for purposes of this section if--
          (1) it is a Coast Guard vessel or aircraft;
          (2) it is a surface naval vessel or military aircraft 
        on which one or more members of the Coast Guard are 
        assigned pursuant to section 379 of title 10; or
          (3) it is any other vessel or aircraft on government 
        noncommercial service when--
                  (A) the vessel or aircraft is under the 
                tactical control of the Coast Guard; and
                  (B) at least one member of the Coast Guard is 
                assigned and conducting a Coast Guard mission 
                on the vessel or aircraft.
  (d) [Repealed]

Sec. 641. Disposal of certain material

           *       *       *       *       *       *       *


  (d)
          (1) Proceeds from the sale of recyclable materials at 
        a Coast Guard installation shall be credited to funds 
        available for operations and maintenance at that 
        installation in amounts sufficient to cover operations, 
        maintenance, recycling equipment, and overhead costs 
        for processing recyclable materials at the 
        installation.
          (2) If, after funds are credited, a balance remains 
        available to a Coast Guard installation and the 
        installation has a qualified recycling program, not 
        more than 50 percent of that balance may be used at the 
        installation for projects for pollution abatement, 
        energy conservation, and occupational safety and health 
        activities. The cost of the project may not be greater 
        than 50 percent of the amount permissible for a minor 
        construction project.
          (3) The remaining balance available to a Coast 
        [Guard, installation] Guard installation may be 
        transferred to the Coast Guard Morale, Welfare, and 
        Recreation Program.
  (e) If the balance available to the Coast Guard installation 
under this section at the end of a fiscal year is in excess of 
$200,000, the amount of that excess shall be deposited in the 
general fund of the Treasury as offsetting receipts of the 
Department in which the Coast Guard is operating and ascribed 
to Coast Guard activities.

      CHAPTER 19. ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM

Sec. 691. Environmental Compliance and Restoration Program

           *       *       *       *       *       *       *


  (c)(1) The Secretary shall respond to releases of hazardous 
substances and pollutants--
                  (A) at each Coast Guard facility the United 
                States owns, leases, or otherwise possesses;
                  (B) 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
                  (C) on each vessel the Coast Guard owns or 
                operates.
          (2) Paragraph (1) of this subsection 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).
          (3) The Secretary shall pay a fee or charge imposed 
        by a [state] 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 paragraph does not apply to a payment 
        that is the responsibility of a lessee, contractor, or 
        other private person.

           *       *       *       *       *       *       *


               PART II. COAST GUARD RESERVE AND AUXILIARY

                    CHAPTER 21. COAST GUARD RESERVE

                  SUBCHAPTER B. COMMISSIONED OFFICERS

Sec. 742. Maximum ages for retention in an active status

  (a) A Reserve officer, if qualified, shall be transferred to 
the Retired Reserve on the day the officer becomes 60 years of 
age unless on active duty. If not qualified for retirement, a 
Reserve officer shall be discharged effective upon the day the 
officer becomes 60 years of age unless on active duty.
  (b) A Reserve officer on active duty shall, if qualified, be 
retired effective upon the day the officer become 62 years of 
age. If not qualified for retirement, a Reserve officer on 
active duty shall be discharged effective upon the day the 
officer becomes 62 years of age.
  (c) Notwithstanding [subsection (a)and] subsections (a) and 
(b), the Secretary may authorize the retention of a Reserve 
rear admiral or rear admiral (lower half) in an active status 
not longer than the day on which the officer concerned becomes 
64 years of age.
  (d) For purposes of this section, ``active duty''does not 
include active duty for training, duty on a board, or duty of a 
limited or temporary nature if assigned to active duty from an 
inactive duty status.

                   CHAPTER 23. COAST GUARD AUXILIARY

Sec. 821. Administration of the Coast Guard Auxiliary

           *       *       *       *       *       *       *


  (b) Each organizational element or unit of the Coast Guard 
Auxiliary organization (but excluding any corporation formed by 
an organizational element or unit of the Auxiliary under 
subsection (c) of this section), shall, except when acting 
outside the scope of section 822, at all times be deemed to be 
an instrumentality of the United States, for purposes of the 
following:
          (1) Chapter [26] 171 of title 28 (popularly known as 
        the Federal Tort Claims Act).
          (2) Section 2733 of title 10 (popularly known as the 
        Military Claims Act).
          (3) Section 30101 of title 46 (popularly known as the 
        Admiralty Extension Act).
          (4) Chapter 309 of title 46 (known as the Suits in 
        Admiralty Act).
          (5) Chapter 311 of title 46 (known as the Public 
        Vessels Act).
          (6) Other matters related to noncontractual civil 
        liability.

           *       *       *       *       *       *       *


Sec. 823a. Members of the Auxiliary; status

           *       *       *       *       *       *       *


  (b) A member of the Auxiliary while assigned to duty shall be 
deemed to be a Federal employee only for the purposes of the 
following:
          (1) Chapter [26] 171 of title 28 (popularly known as 
        the Federal Tort Claims Act).
          (2) Section 2733 of title 10 (popularly known as the 
        Military Claims Act).
          (3) Section 30101 of title 46 (popularly known as the 
        Admiralty Extension Act).
          (4) Chapter 309 of title 46 (known as the Suits in 
        Admiralty Act).
          (5) Chapter 311 of title 46 (known as the Public 
        Vessels Act).
          (6) Other matters related to noncontractual civil 
        liability.
          (7) Compensation for work injuries under chapter 81 
        of title 5.
          (8) The resolution of claims relating to damage to or 
        loss of personal property of the member incident to 
        service under the Military Personnel and Civilian 
        Employees' Claims Act of 1964 (31 U.S.C. 3721).
          (9) On or after January 1, 2001, section 651 of 
        Public Law 104-208.

           *       *       *       *       *       *       *


      PART III--COAST GUARD AUTHORIZATIONS AND REPORTS TO CONGRESS

                       CHAPTER 27--AUTHORIZATIONS

Sec. [662]2701. Requirement for prior authorization of appropriations

  Amounts may be appropriated to or for the use of the Coast 
Guard for the following matters only if the amounts have been 
authorized by law after December 31, 1976:
          [(1) For the operation and maintenance of the Coast 
        Guard.
          [(2) For the acquisition, construction, rebuilding, 
        and improvement of aids to navigation, shore or 
        offshore establishments, vessels, or aircraft, 
        including equipment related to the aids, 
        establishments, vessels, or aircraft.
          [(3) For altering obstructive bridges.
          [(4) For research, development, test, or evaluation 
        related to intelligence systems and capabilities or a 
        matter referred to in clauses (1)-(3).
          [(5) For environmental compliance and restoration at 
        Coast Guard facilities.]
          (1) For the operation and maintenance of the Coast 
        Guard, not otherwise provided for.
          (2) For the acquisition, construction, renovation, 
        and improvement of aids to navigation, shore 
        facilities, vessels, and aircraft, including equipment 
        related thereto, and for maintenance, rehabilitation, 
        lease, and operation of facilities and equipment.
          (3) For the Coast Guard Reserve program, including 
        operations and maintenance of the program, personnel 
        and training costs, equipment, and services.
          (4) For the environmental compliance and restoration 
        functions of the Coast Guard under chapter 19 of this 
        title.
          (5) For research, development, test, and evaluation 
        of technologies, materials, and human factors directly 
        related to improving the performance of the Coast 
        Guard.
          (6) For alteration or removal of bridges over 
        navigable waters of the United States constituting 
        obstructions to navigation, and for personnel and 
        administrative costs associated with the Alteration of 
        Bridges Program.

Sec. 2702. Authorization of appropriations

  Funds are authorized to be appropriated for each of fiscal 
years 2016 and 2017 for necessary expenses of the Coast Guard 
as follows:
          (1) For the operation and maintenance of the Coast 
        Guard, not otherwise provided for--
                  (A) $6,981,036,000 for fiscal year 2016; and
                  (B) $6,981,036,000 for fiscal year 2017.
          (2) For the acquisition, construction, renovation, 
        and improvement of aids to navigation, shore 
        facilities, vessels, and aircraft, including equipment 
        related thereto, and for maintenance, rehabilitation, 
        lease, and operation of facilities and equipment--
                  (A) $1,546,448,000 for fiscal year 2016; and
                  (B) $1,546,448,000 for fiscal year 2017.
          (3) For the Coast Guard Reserve program, including 
        operations and maintenance of the program, personnel 
        and training costs, equipment, and services--
                  (A) $140,016,000 for fiscal year 2016; and
                  (B) $140,016,000 for fiscal year 2017.
          (4) For the environmental compliance and restoration 
        functions of the Coast Guard under chapter 19 of this 
        title--
                  (A) $16,701,000 for fiscal year 2016; and
                  (B) $16,701,000 for fiscal year 2017.
          (5) To the Commandant of the Coast Guard for 
        research, development, test, and evaluation of 
        technologies, materials, and human factors directly 
        related to improving the performance of the Coast 
        Guard's mission with respect to search and rescue, aids 
        to navigation, marine safety, marine environmental 
        protection, enforcement of laws and treaties, ice 
        operations, oceanographic research, and defense 
        readiness, and for maintenance, rehabilitation, lease, 
        and operation of facilities and equipment--
                  (A) $19,890,000 for fiscal year 2016; and
                  (B) $19,890,000 for fiscal year 2017.

Sec. [661]2703. Authorization of personnel end strengths

  (a) For each fiscal year, Congress shall authorize the 
strength for active duty personnel of the Coast Guard as of the 
end of that fiscal year. Amounts may be appropriated for a 
fiscal year to or for the use of active duty personnel of the 
Coast Guard only if the end strength for active duty personnel 
for that fiscal year has been authorized by law. If at the end 
of any fiscal year there is in effect a declaration of war or 
national emergency, the President may defer the effectiveness 
of any end-strength limitation with respect to that fiscal year 
prescribed by law for any military or civilian component of the 
Coast Guard, for a period not to exceed 6 months after the end 
of the war or termination of the national emergency.
    (b)(1) Congress shall authorize the average military 
training student loads for the Coast Guard for each fiscal 
year. That authorization is required for student loads for the 
following individual training categories:
          (A) Recruit and specialized training.
          (B) Flight training.
          (C) Professional training in military and civilian 
        institutions.
          (D) Officer acquisition training.
    (2) Amounts may be appropriated for a fiscal year for use 
in training military personnel of the Coast Guard in the 
categories referred to in paragraph (1) only if the average 
student loads for the Coast Guard for that fiscal year have 
been authorized by law.

Sec. 2704. Authorized levels of military strength and training

  (a) Active Duty Strength.--The Coast Guard is authorized an 
end-of-year strength for active duty personnel of 43,000 for 
each of fiscal years 2016 and 2017.
  (b) Military Training Student Loads.--The Coast Guard is 
authorized average military training student loads for each of 
fiscal years 2016 and 2017 as follows:
          (1) For recruit and special training, 2,500 student 
        years.
          (2) For flight training, 165 student years.
          (3) For professional training in military and 
        civilian institutions, 350 student years.
          (4) For officer acquisition, 1,200 student years.

                          CHAPTER 29--REPORTS

Sec. [662a]2901. Transmission of annual Coast Guard authorization 
                    request

  (a) In General.--Not later than 30 days after the date on 
which the President submits to Congress a budget for a fiscal 
year pursuant to section 1105 of title 31, 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 a Coast Guard 
authorization request with respect to such fiscal year.
  (b) Coast Guard Authorization Request Defined.--In this 
section, the term ``Coast Guard authorization request'' means a 
proposal for legislation that, with respect to the Coast Guard 
for the relevant fiscal year--
          (1) recommends end strengths for personnel for that 
        fiscal year, as [described in section 661] described in 
        section 2703;
          (2) recommends authorizations of appropriations for 
        that fiscal year, including with respect to matters 
        [described in section 662]  described in section 2701; 
        and
          (3) addresses any other matter that the Secretary 
        determines is appropriate for inclusion in a Coast 
        Guard authorization bill.

Sec. [663]2902. Capital investment plan

  (a) In General.--On the date on which the President submits 
to Congress a budget pursuant to section 1105 of title 31, the 
Commandant of the Coast Guard shall submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate--
          (1) a capital investment plan for the Coast Guard 
        that identifies for each capital asset for which 
        appropriations are proposed in that budget--
                  (A) the proposed appropriations included in 
                the budget;
                  (B) the total estimated cost of completion;
                  (C) projected funding levels for each fiscal 
                year for the next 5 fiscal years or until 
                project completion, whichever is earlier;
                  (D) an estimated completion date at the 
                projected funding levels; and
                  (E) an acquisition program baseline, as 
                applicable; and
          (2) a list of each unfunded priority for the Coast 
        Guard.
  (b) 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.

Sec. [569a]2903. Major acquisitions

  (a) In General.--In conjunction with the transmittal by the 
President to Congress of the budget of the United States for 
fiscal year 2014 and biennially thereafter, the Secretary 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 status of all major acquisition 
programs.
  (b) Information to Be Included.--Each report under subsection 
(a) shall include for each major acquisition program--
          (1) a statement of the Coast Guard's mission needs 
        and performance goals relating to such program, 
        including a justification for any change to those needs 
        and goals subsequent to a report previously submitted 
        under this section;
          (2) a justification explaining how the projected 
        number and capabilities of assets acquired under such 
        program meet applicable mission needs and performance 
        goals;
          (3) an identification of any and all mission hour 
        gaps, accompanied by an explanation of how and when the 
        Coast Guard will close those gaps;
          (4) an identification of any changes with respect to 
        such program, including--
                  (A) any changes to the timeline for the 
                acquisition of each new asset and the phaseout 
                of legacy assets; and
                  (B) any changes to--
                          (i) the costs of new assets or legacy 
                        assets for that fiscal year or future 
                        fiscal years; or
                          (ii) the total acquisition cost;
          (5) a justification explaining how any change to such 
        program fulfills the mission needs and performance 
        goals of the Coast Guard;
          (6) a description of how the Coast Guard is planning 
        for the integration of each new asset acquired under 
        such program into the Coast Guard, including needs 
        related to shore-based infrastructure and human 
        resources;
          (7) an identification of how funds in the applicable 
        fiscal year's budget request will be allocated, 
        including information on the purchase of specific 
        assets;
          (8) a projection of the remaining operational 
        lifespan and life-cycle cost of each legacy asset that 
        also identifies any anticipated resource gaps;
          (9) a detailed explanation of how the costs of legacy 
        assets are being accounted for within such program; and
          (10) an annual performance comparison of new assets 
        to legacy assets.
  (c) Adequacy of Acquisition Workforce.--Each report under 
subsection (a) shall--
          (1) include information on the scope of the 
        acquisition activities to be performed in the next 
        fiscal year and on the adequacy of the current 
        acquisition workforce to meet that anticipated 
        workload;
          (2) specify the number of officers, members, and 
        employees of the Coast Guard currently and planned to 
        be assigned to each position designated under section 
        562(c) [of this subchapter]; and
          (3) identify positions that are or will be 
        understaffed and actions that will be taken to correct 
        such understaffing.
  (d) Cutters Not Maintained in Class.--Each report under 
subsection (a) shall identify which, if any, Coast Guard 
cutters that have been issued a certificate of classification 
by the American Bureau of Shipping have not been maintained in 
class, with an explanation detailing the reasons why the 
cutters have not been maintained in class.
  (e) Quarterly Reports on Risks of Programs.--
          (1) In general.--Not later than 15 days after the end 
        of each fiscal year quarter, the Commandant shall 
        submit to the committees of Congress specified in 
        subsection (a) a report setting forth a current 
        assessment of the risks associated with all current 
        major acquisition programs.
          (2) Elements.--Each report under this subsection 
        shall set forth, for each current major acquisition 
        program, the following:
                  (A) The top five current risks to such 
                program.
                  (B) Any failure of such program to 
                demonstrate a key performance parameter or 
                threshold during operational test and 
                evaluation conducted during the fiscal year 
                quarter preceding such report.
                  (C) Whether there has been any decision 
                during such fiscal year quarter to order full 
                rate production before all key performance 
                parameters or thresholds are met.
                  (D) Whether there has been any breach of 
                major acquisition program cost (as defined by 
                the Major Systems Acquisition Manual) during 
                such fiscal year quarter.
                  (E) Whether there has been any breach of 
                major acquisition program schedule (as so 
                defined) during such fiscal year quarter.
  [(e)](f) Major Acquisition Program Defined.--In this section, 
the term ``major acquisition program'' means an ongoing 
acquisition undertaken by the Coast Guard with a life-cycle 
cost estimate greater than or equal to $300,000,000.

                           TITLE 46. SHIPPING


                          SUBTITLE I. GENERAL

                         CHAPTER 1. DEFINITIONS

Sec. 103. Boundary line

  In this title, the term ``Boundary Line'' means a line 
established under section 2(b) of the Act of February 19, 1895 
[(33 U.S.C. 151)] (33 U.S.C. 151(b)).

                 CHAPTER 3. FEDERAL MARITIME COMMISSION

Sec. 301. General organization

  (a) Organization.--The Federal Maritime Commission is an 
independent establishment of the United States Government.
  (b) Commissioners.--
          (1) Composition.--The Commission is composed of 5 
        Commissioners, appointed by the President by and with 
        the advice and consent of the Senate. Not more than 3 
        Commissioners may be appointed from the same political 
        party.
          (2) Terms.--The term of each Commissioner is 5 years. 
        When the term of a Commissioner ends, the Commissioner 
        may continue to serve until a successor is appointed 
        and qualified, but for a period not to exceed one year. 
        Except as provided in paragraph (3), no individual may 
        serve more than 2 terms.
          (3) Vacancies.--A vacancy shall be filled in the same 
        manner as the original appointment. An individual 
        appointed to fill a vacancy is appointed only for the 
        unexpired term of the individual being succeeded. An 
        individual appointed to fill a vacancy may serve 2 
        terms in addition to the remainder of the term for 
        which the predecessor of that individual was appointed.
          (4) Conflicts of interest.--
                  (A) Limitation on relationships with 
                regulated entities.--. A Commissioner may not 
                have a pecuniary interest in, hold an official 
                relation to, or own stocks or bonds of any 
                entity the Commission regulates under chapter 
                401 of this title.
                  (B) Limitation on other activities.--A 
                Commissioner may not engage in another 
                business, vocation, or employment.
          (5) Removal.--The President may remove a Commissioner 
        for inefficiency, neglect of duty, or malfeasance in 
        office.
  (c) Chairman.--
          (1) Designation.--The President shall designate one 
        of the Commissioners as Chairman.
          (2) General authority.--The Chairman is the chief 
        executive and administrative officer of the Commission. 
        In carrying out the duties and powers of the Commission 
        (other than under paragraph (3)), the Chairman is 
        subject to the policies, regulatory decisions, 
        findings, and determinations of the Commission.
          (3) Particular duties.--
                  (A) In general.--The Chairman shall--
                          (i) appoint and supervise officers 
                        and employees of the Commission;
                          (ii) appoint the heads of major 
                        organizational [units, but only after 
                        consultation with the other 
                        Commissioners;] units (with such 
                        appointments subject to the approval of 
                        the Commission);
                          (iii) distribute the business of the 
                        Commission among personnel and 
                        organizational units;
                          (iv) supervise the expenditure of 
                        money for administrative purposes; 
                        [and]
                          (v) assign Commission personnel, 
                        including Commissioners, to perform 
                        duties and powers delegated by the 
                        Commission under section 304 of this 
                        title[.]; and
                          (vi) prepare and submit to the 
                        President and Congress requests for 
                        appropriations for the Commission (with 
                        such requests subject to the approval 
                        of the Commission).
                  (B) Nonapplication.--Subparagraph (A) (other 
                than clause (v)) does not apply to personnel 
                employed regularly and full-time in the offices 
                of Commissioners other than the Chairman.
          (4) Delegation.--The Chairman may designate officers 
        and employees under the Chairman's jurisdiction to 
        perform duties and powers of the Chairman, subject to 
        the Chairman's supervision and direction.
  (d) Seal.--The Commission shall have a seal which shall be 
judicially recognized.

Sec. 308. Authorization of appropriations

  There is authorized to be appropriated to the Federal 
Maritime Commission $24,700,000 for each of fiscal years 2016 
and 2017 for the activities of the Commission authorized under 
this chapter and subtitle IV.

                    SUBTITLE II. VESSELS AND SEAMEN

                       PART A. GENERAL PROVISIONS

                          CHAPTER 21. GENERAL

Sec. 2114. Protection of seamen against discrimination

  (a)(1) A person may not discharge or in any manner 
discriminate against a seaman because--
                  [(A) the seaman in good faith has reported or 
                is about to report to the Coast Guard or other 
                appropriate Federal agency or department that 
                the seaman believes that a violation of a 
                maritime safety law or regulation prescribed 
                under that law or regulation has occurred;]
                  (A) the seaman in good faith has reported or 
                is about to report to the Coast Guard, another 
                appropriate Federal department or agency, the 
                vessel owner, the vessel operator, or the 
                seaman's employer that the seaman believes that 
                a violation of a maritime safety or maritime 
                environmental protection law or regulation 
                prescribed under that law or regulation has 
                occurred;
                  (B) the seaman has refused to perform duties 
                ordered by the seaman's employer because the 
                seaman has a reasonable apprehension or 
                expectation that performing such duties would 
                result in serious injury to the seaman, other 
                seamen, or the public;
                  (C) the seaman testified in a proceeding 
                brought to enforce a maritime safety law or 
                regulation prescribed under that law;
                  (D) the seaman notified, or attempted to 
                notify, the vessel owner or the Secretary of a 
                work-related personal injury or work-related 
                illness of a seaman;
                  (E) the seaman cooperated with a safety 
                investigation by the Secretary or the National 
                Transportation Safety Board;
                  (F) the seaman furnished information to the 
                Secretary, the National Transportation Safety 
                Board, or any other public official as to the 
                facts relating to any marine casualty resulting 
                in injury or death to an individual or damage 
                to property occurring in connection with vessel 
                transportation; or
                  (G) the seaman accurately reported hours of 
                duty under this part.
          (2) The circumstances causing a seaman's apprehension 
        of serious injury under paragraph (1)(B) must be of 
        such a nature that a reasonable person, under similar 
        circumstances, would conclude that there is a real 
        danger of an injury or serious impairment of health 
        resulting from the performance of duties as ordered by 
        the seaman's employer.
          (3) To qualify for protection against the seaman's 
        employer under paragraph (1)(B), the employee must have 
        sought from the employer, and been unable to obtain, 
        correction of the unsafe condition.
  (b) A seaman alleging discharge or discrimination in 
violation of subsection (a) of this section, or another person 
at the seaman's request, may file a complaint with respect to 
such allegation in the same manner as a complaint may be filed 
under subsection (b) of section 31105 of title 49. Such 
complaint shall be subject to the procedures, requirements, and 
rights described in that section, including with respect to the 
right to file an objection, the right of a person to file for a 
petition for review under subsection (c) of that section, and 
the requirement to bring a civil action under subsection (d) of 
that section.

Sec. 2118. Establishment of equipment standards

  (a) In establishing standards for approved equipment required 
on vessels subject to part B of this [title] subtitle, the 
Secretary shall establish standards that are--
          (1) based on performance using the best available 
        technology that is economically achievable; and
          (2) operationally practical.
  (b) Using the standards established under subsection (a), the 
Secretary may also certify lifesaving equipment that is not 
required to be carried on vessels subject to part B of this 
[title] subtitle to ensure that such equipment is suitable for 
its intended purpose.
  (c) At least once every 10 years the Secretary shall review 
and revise the standards established under subsection (a) to 
ensure that the standards meet the requirements of this 
section.

              PART B. INSPECTION AND REGULATION OF VESSELS

         CHAPTER 37. CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

Sec. 3702. Application

  (a) Subject to subsections (b)-(e) of this section, this 
chapter applies to a tank vessel.
  (b) This chapter does not apply to a documented vessel that 
would be subject to this chapter only because of the transfer 
of fuel from the fuel supply tanks of the vessel to offshore 
drilling or production facilities in the oil industry if the 
vessel is--
          (1) not a tanker; and
          (2) in the service of oil exploitation.
          (3) [Redesignated]
  [(c) This chapter does not apply to a fishing or fish tender 
vessel of not more than 500 gross tons as measured under 
section 14502 of this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this title when engaged only 
in the fishing industry.]
  (c)(1) Except as provided in paragraph (2), this chapter does 
not apply to a fishing or fish tender vessel of not more than 
500 gross tons as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title when engaged only in the fishing industry.
  (2) A vessel described in paragraph (1) is subject to 
regulation by the Secretary under this chapter if the vessel is 
carrying flammable or combustible liquid cargoes in bulk.
  (d) This chapter does not apply to a fish processing vessel 
of not more than 5,000 gross tons as measured under section 
14502 of this title, or an alternate tonnage measured under 
section 14302 of this title as prescribed by the Secretary 
under section 14104 of this title. However, the vessel is 
subject to regulation by the Secretary when carrying flammable 
or combustible liquid cargo in bulk.
  (e) This chapter does not apply to a foreign vessel on 
innocent passage on the navigable waters of the United States.
  (f) This chapter does not apply to an oil spill response 
vessel if--
          (1) the vessel is used only in response-related 
        activities; or
          (2) the vessel is--
                  (A) not more than 500 gross tons as measured 
                under section 14502 of this title, or an 
                alternate tonnage measured under section 14302 
                of this title as prescribed by the Secretary 
                under section 14104 of this title;
                  (B) designated in its certificate of 
                inspection as an oil spill response vessel; and
                  (C) engaged in response-related activities.

Sec. 3715. Lightering

  (a) A vessel may transfer oil or hazardous material in a port 
or place subject to the jurisdiction of the United States, when 
the cargo has been transferred from another vessel on the 
navigable waters of the United States or in the marine 
environment, only if--
          (1) the transfer was conducted consistent with 
        regulations prescribed by the Secretary;
          (2) both the delivering and receiving vessels had on 
        board, at the time of transfer, a certificate of 
        inspection or a certificate of compliance, as would 
        have been required under section 3710 or 3711 of this 
        title, had the transfer taken place in a port or place 
        subject to the jurisdiction of the United States; [and]
          (3) the delivering and the receiving vessel had on 
        board at the time of transfer, a certificate of 
        financial responsibility as would have been required 
        under section 1016 of the Oil Pollution Act of 1990, 
        had the transfer taken place in a place subject to the 
        jurisdiction of the United States;
          (4) the delivering and the receiving vessel had on 
        board at the time of transfer, evidence that each 
        vessel is operating in compliance with section 311(j) 
        of the Federal Water Pollution Control Act (33 U.S.C. 
        1321(j)); and
          (5) the delivering and the receiving vessel are 
        operating in compliance with section 3703a of this 
        title.
  (b) The Secretary shall prescribe regulations to carry out 
subsection (a) of this section. The regulations shall include 
provisions on--
          (1) minimum safe operating conditions, including sea 
        state, wave height, weather, proximity to channels or 
        shipping lanes, and other similar factors;
          (2) the prevention of spills;
          (3) equipment for responding to a spill;
          (4) the prevention of any unreasonable interference 
        with navigation or other reasonable uses of the high 
        seas, as those uses are defined by treaty, convention, 
        or customary international law;
          (5) the establishment of lightering zones; and
          (6) requirements for communication and prearrival 
        messages.

                    CHAPTER 43. RECREATIONAL VESSELS

Sec. 4302. Regulations

  (a) The Secretary may prescribe regulations--
          (1) establishing minimum safety standards for 
        recreational vessels and associated equipment, and 
        establishing procedures and tests required to measure 
        conformance with those standards, with each standard--
                  (A) meeting the need for recreational vessel 
                safety; and
                  (B) being stated, insofar as practicable, in 
                terms of performance;
          (2) requiring the installation, carrying, or use of 
        associated equipment (including fuel systems, 
        ventilation systems, electrical systems, sound-
        producing devices, firefighting equipment, lifesaving 
        devices, signaling devices, ground tackle, life- and 
        grab-rails, and navigational equipment) on recreational 
        vessels and classes of recreational vessels subject to 
        this chapter, and prohibiting the installation, 
        carrying, or use of associated equipment that does not 
        conform with safety standards established under this 
        section; and
          (3) requiring or permitting the display of seals, 
        labels, plates, insignia, or other devices for 
        certifying or evidencing compliance with safety 
        regulations and standards of the United States 
        Government for recreational vessels and associated 
        equipment.
  (b) Each regulation prescribed under this section shall 
specify an effective date that is not earlier than 180 days 
from the date the regulation was published, unless the 
Secretary finds that there exists a recreational vessel safety 
hazard so critical as to require an earlier effective date. 
However, this period may not be more than 24 months for cases 
involving, in the discretion of the Secretary, major product 
design, retooling, or major changes in the manufacturing 
process.
  (c) In prescribing regulations under this section, the 
Secretary shall, among other things--
          (1) consider the need for and the extent to which the 
        regulations will contribute to recreational vessel 
        safety;
          (2) consider relevant available recreational vessel 
        safety standards, statistics, and data, including 
        public and private research, development, testing, and 
        evaluation;
          (3) not compel substantial alteration of a 
        recreational vessel or item of associated equipment 
        that is in existence, or the construction or 
        manufacture of which is begun before the effective date 
        of the regulation, but subject to that limitation may 
        require compliance or performance, to avoid a 
        substantial risk of personal injury to the public, that 
        the Secretary considers appropriate in relation to the 
        degree of hazard that the compliance will correct; and
          (4) consult with the National Boating Safety Advisory 
        Council established under section 13110 of this title 
        about the considerations referred to in clauses (1)-(3) 
        of this subsection.
  (d) Section 8903 of this title does not apply to a vessel 
being operated for bona fide dealer demonstrations provided 
without fee to business invitees. However, if on the basis of 
substantial evidence, the Secretary decides under this section 
that requiring vessels so operated to be under the control of 
licensed individuals is necessary for boating safety, then the 
Secretary may prescribe regulations requiring the licensing of 
individuals controlling these vessels in the same manner as 
provided in chapter 89 of this title for individuals in control 
of vessels carrying passengers for hire.
  (e)(1) If in prescribing regulations under this section the 
Secretary establishes a model year for recreational vessels and 
associated equipment, such model year shall, except as provided 
in paragraph (2)--
          (A) begin on June 1 of a year and end on July 31 of 
        the following year; and
          (B) be designated by the year in which it ends.
  (2) Upon the request of a recreational vessel manufacturer to 
which this chapter applies, the Secretary may alter a model 
year for a model of recreational vessel of the manufacturer and 
associated equipment, by no more than 6 months from the model 
year described in paragraph (1).\1\
---------------------------------------------------------------------------
    \1\Subsection (e) of section 4302 of title 46, United States Code, 
shall only apply with respect to recreational vessels and associated 
equipment constructed or manufactured, respectively, on or after June 
1, 2015.
---------------------------------------------------------------------------

      CHAPTER 45. UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

Sec. 4503. Fishing, fish tender, and fish processing vessel 
                    certification

  (a) A vessel to which this section applies may not be 
operated unless the vessel--
          (1) meets all survey and classification requirements 
        prescribed by the American Bureau of Shipping or 
        another similarly qualified organization approved by 
        the Secretary; and
          (2) has on board a certificate issued by the American 
        Bureau of Shipping or that other organization 
        evidencing compliance with this subsection.
  (b) This section applies to a fish processing vessel to which 
this chapter applies that--
          (1) is built after July 27, 1990; or
          (2) undergoes a major conversion completed after that 
        date.
  (c)(1) This section applies to a vessel to which section 
4502(b) of this title applies that is at least 50 feet overall 
in length and is built after July 1, 2013.
  (2) This section does not apply to a fishing or fish tender 
vessel to which section 4502(b) of this title applies, if--
          (A) the vessel is at least 50 feet overall in length, 
        and not more than 190 feet overall in length;
          (B) the vessel is built after January 1, 2016;
          (C) the vessel is designed by a registered 
        professional engineer, and the design incorporates 
        standards equivalent to those prescribed by a 
        classification society designated under section 3316 of 
        this title or another qualified organization approved 
        by the Secretary;
          (D) construction of such vessel is overseen and 
        certified as being in accordance with its design by a 
        marine surveyor of an organization accepted by the 
        Secretary; and
          (E) the vessel--
                  (i) completes a stability test performed by a 
                qualified individual;
                  (ii) has written stability and loading 
                instructions from a qualified individual that 
                are provided to the owner or operator; and
                  (iii) has an assigned loading mark.
  (3) The person who owns a vessel meeting the requirements of 
paragraph (2) shall--
          (A) not modify or substantially change such vessel 
        unless such modification or change is reviewed and 
        approved by a registered professional engineer prior to 
        beginning any modification or change;
          (B) complete a condition survey at least biennially 
        to the satisfaction of a marine surveyor of an 
        organization accepted by the Secretary;
          (C) complete an out-of-water survey at least once 
        every five years to the satisfaction of a certified 
        marine surveyor of an organization accepted by the 
        Secretary;
          (D) update the requirements specified in paragraph 
        (2)(E) once every five years or at the time of a 
        modification or substantial change to such vessel; and
          (E) for the life of the vessel, maintain records to 
        demonstrate compliance with this subsection, and make 
        such records readily available for inspection by an 
        official authorized to enforce this chapter.
  (d)(1) After January 1, 2020, a fishing vessel, fish 
processing vessel, or fish tender vessel to which section 
4502(b) of this title applies shall comply with an alternate 
safety compliance program that is developed in cooperation with 
the commercial fishing industry and prescribed by the 
Secretary, if the vessel--
                  (A) is at least 50 feet overall in length;
                  (B) is built before July 1, 2013; and
                  (C) is 25 years of age or older.
          (2) A fishing vessel, fish processing vessel, or fish 
        tender vessel built before July 1, 2013, that undergoes 
        a major conversion completed after the later of July 1, 
        2013, or the date the Secretary 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.
          (3) Alternative safety compliance programs may be 
        developed for purposes of paragraph (1) for specific 
        regions and fisheries.
          (4) Notwithstanding paragraph (1), vessels owned by a 
        person that owns more than 30 vessels subject to that 
        paragraph are not required to meet the alternate safety 
        compliance requirements of that paragraph until January 
        1, 2030, if that owner enters into a compliance 
        agreement with the Secretary that provides for a fixed 
        schedule for all of the vessels owned by that person to 
        meet requirements of that paragraph by that date and 
        the vessel owner is meeting that schedule.
          (5) A fishing vessel, fish processing vessel, or fish 
        tender vessel to which section 4502(b) of this title 
        applies that was classed before July 1, 2012, shall--
                  (A) remain subject to the requirements of a 
                classification society approved by the 
                Secretary; and
                  (B) have on board a certificate from that 
                society.
  (e) For the purposes of this section, the term ``built'' 
means, with respect to a vessel, that the vessel's construction 
has reached any of the following stages:
          (1) The vessel's keel is laid.
          (2) 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.

Sec. 4506. Exemptions

  [(a)] The Secretary may exempt a vessel from any part of this 
chapter if, under regulations prescribed by the Secretary 
(including regulations on special operating conditions), the 
Secretary finds that--
          (1) good cause exists for granting an exemption; and
          (2) the safety of the vessel and those on board will 
        not be adversely affected.

     PART E. MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS

           CHAPTER 71. LICENSES AND CERTIFICATES OF REGISTRY

Sec. 7116. Examinations for merchant seaman licenses, certificates, and 
                    documents

  (a) Requirement for Sample Exams.--The Secretary shall 
develop a sample merchant mariner exam and outline of merchant 
mariner exam topics on an annual basis.
  (b) Public Availability.--Each sample exam and outline of 
topics developed under subsection (a) shall be readily 
available to the public.

                       PART F. MANNING OF VESSELS

                          CHAPTER 81. GENERAL

Sec. 8103. Citizenship and navy reserve requirements

  (b)(1) Except as otherwise provided in this section, on a 
documented vessel--
                  (A) each unlicensed seaman must be--
                          (i) a citizen of the United States;
                          (ii) an alien lawfully admitted to 
                        the United States for permanent 
                        residence; or
                          (iii) a foreign national who is 
                        enrolled in the United States Merchant 
                        Marine [Academy.] Academy; and
                  (B) not more than 25 percent of the total 
                number of unlicensed seamen on the vessel may 
                be aliens lawfully admitted to the United 
                States for permanent residence.
          (2) Paragraph (1) of this subsection does not apply 
        to--
                  (A) a yacht;
                  (B) a fishing vessel fishing exclusively for 
                highly migratory species (as that term is 
                defined in section 3 of the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 
                U.S.C. 1802)); and
                  (C) a fishing vessel fishing outside of the 
                exclusive economic zone.
          (3) The Secretary may waive a citizenship requirement 
        under this section, other than a requirement that 
        applies to the master of a documented vessel, with 
        respect to--
                  (A) an offshore supply vessel or other 
                similarly engaged vessel of less than 1,600 
                gross tons as measured under section 14502 of 
                this title, or an alternate tonnage measured 
                under section 14302 of this title as prescribed 
                by the Secretary under section 14104 of this 
                title that operates from a foreign port;
                  (B) a mobile offshore drilling unit or other 
                vessel engaged in support of exploration, 
                exploitation, or production of offshore mineral 
                energy resources operating beyond the water 
                above the outer Continental Shelf (as that term 
                is defined in section 2(a) of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 
                1331(a)); and
                  (C) any other vessel if the Secretary 
                determines, after an investigation, that 
                qualified seamen who are citizens of the United 
                States are not available.

           *       *       *       *       *       *       *


                 PART I. STATE BOATING SAFETY PROGRAMS

                CHAPTER 131. RECREATIONAL BOATING SAFETY

Sec. 13104. Allocations

  (a) The Secretary shall allocate amounts available for 
allocation and distribution under this chapter for State 
recreational boating safety programs as follows:
          (1) One-third shall be allocated equally each fiscal 
        year among eligible States.
          (2) One-third shall be allocated among eligible 
        States that maintain a State vessel numbering system 
        approved under chapter 123 of this title and a marine 
        casualty reporting system approved under this chapter 
        so that the amount allocated each fiscal year to each 
        eligible State will be in the same ratio as the number 
        of vessels numbered in that State bears to the number 
        of vessels numbered in all eligible States.
          (3) One-third shall be allocated so that the amount 
        allocated each fiscal year to each eligible State will 
        be in the same ratio as the amount of State amounts 
        expended by the State for the State recreational 
        boating safety program during the prior fiscal year 
        bears to the total State amounts expended during that 
        fiscal year by all eligible States for State 
        recreational boating safety programs.
  (b) The amount received by a State under this section in a 
fiscal year may be not more than one-half of the total cost 
incurred by that State in developing, carrying out, and 
financing that State's recreational boating safety program in 
that fiscal year.
  [(c) The Secretary may allocate not more than 5 percent of 
the amounts available for allocation and distribution in a 
fiscal year for national boating safety activities of national 
nonprofit public service organizations.]

Sec. 13107. Authorization of appropriations

  (a)[(1) Subject to paragraph (2) and subsection (c),] Subject 
to subsection (c), the Secretary shall expend in each fiscal 
year for State recreational boating safety programs, under 
contracts with States under this chapter, an amount equal to 
the sum of (A) the amount made available from the Boat Safety 
Account for that fiscal year under under section 15 of the 
Dingell-Johnson Sport Fish Restoration Act and (B) the amount 
transferred to the Secretary under subsections (a)(2) and (f) 
of section 4 of the Dingell-Johnson Sport Fish Restoration Act 
(16 U.S.C. 777c(a)(2) and (f)). The amount shall be allocated 
as provided under section 13104 of this title and shall be 
available for State recreational boating safety programs as 
provided under the guidelines established under subsection (b) 
of this section. Amounts authorized to be expended for State 
recreational boating safety programs shall remain available 
until expended and are deemed to have been expended only if an 
amount equal to the total amounts authorized to be expended 
under this section for the fiscal year in question and all 
prior fiscal years have been obligated. Amounts previously 
obligated but released by payment of a final voucher or 
modification of a program acceptance shall be credited to the 
balance of unobligated amounts and are immediately available 
for expenditure.
          [(2) The Secretary shall use not more than two 
        percent of the amount available each fiscal year for 
        State recreational boating safety programs under this 
        chapter to pay the costs of investigations, personnel, 
        and activities related to administering those 
        programs.]
  (b) The Secretary shall establish guidelines prescribing the 
purposes for which amounts available under this chapter for 
State recreational boating safety programs may be used. Those 
purposes shall include--
          (1) providing facilities, equipment, and supplies for 
        boating safety education and law enforcement, including 
        purchase, operation, maintenance, and repair;
          (2) training personnel in skills related to boating 
        safety and to the enforcement of boating safety laws 
        and regulations;
          (3) providing public boating safety education, 
        including educational programs and lectures, to the 
        boating community and the public school system;
          (4) acquiring, constructing, or repairing public 
        access sites used primarily by recreational boaters;
          (5) conducting boating safety inspections and marine 
        casualty investigations;
          (6) establishing and maintaining emergency or search 
        and rescue facilities, and providing emergency or 
        search and rescue assistance;
          (7) establishing and maintaining waterway markers and 
        other appropriate aids to navigation; and
          (8) providing State recreational vessel numbering and 
        titling programs.
  (c)(1) Of the amount transferred to the Secretary under 
subsection (a)(2) of section 4 of the Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777c(a)(2)), $5,500,000 is 
available to the Secretary for payment of expenses of the Coast 
Guard for personnel and activities directly related to 
coordinating and carrying out the national recreational boating 
safety program under this [title, of which not less than 
$2,000,000 shall be available to the Secretary only to ensure 
compliance with chapter 43 of this title.] title--
                  (A) including the funding of the National 
                Boating Safety Advisory Council established 
                under section 13110 of this title and the 
                authorized activities of the Council, including 
                travel for the council; and
                  (B) of the funds referred to in paragraph 
                (1), not less than $2,500,000 shall be 
                available to the Secretary only to ensure 
                compliance with chapter 43 of this title.
          (2) No funds available to the Secretary under this 
        subsection may be used to replace funding traditionally 
        provided through general appropriations, nor for any 
        purposes except those purposes authorized by this 
        section.
          (3) Amounts made available by this subsection shall 
        remain available during the 2 succeeding fiscal years. 
        Any amount that is unexpended or unobligated at the end 
        of the 3-year period during which it is available shall 
        be withdrawn by the Secretary and allocated to the 
        States in addition to any other amounts available for 
        allocation in the fiscal year in which they are 
        withdrawn or the following fiscal year.
          (4) The Secretary shall publish annually in the 
        Federal Register a detailed accounting of the projects, 
        programs, and activities funded under this subsection.

Sec. 13110. National Boating Safety Advisory Council

           *       *       *       *       *       *       *


  (e) The Council shall terminate on September 30, [2020] 2023.

Sec. 13111. Recreational vessel operator education

  (a) Authority To Develop Model Curriculum.--The Secretary may 
develop and propose a model for a national recreational vessel 
training curriculum and education standards for operators of 
recreational vessels equipped with propulsion machinery of any 
kind.
  (b) Purpose.--The purpose of the model curriculum developed 
under subsection (a) is to promote uniformity of boating safety 
awareness and education and improve reciprocity of recreational 
vessel operator certificates and licenses among the States.

                      SUBTITLE V. MERCHANT MARINE

                 PART C. FINANCIAL ASSISTANCE PROGRAMS

                   CHAPTER 537. LOANS AND GUARANTEES

                         SUBCHAPTER I. GENERAL

Sec. 53701. Definitions

  In this chapter:

           *       *       *       *       *       *       *

          (8) Historical uses.--The term ``historical uses'' 
        includes--
                  (A) refurbishing, repairing, rebuilding, or 
                replacing equipment on a fishing vessel, 
                without materially increasing harvesting 
                capacity;
                  (B) purchasing a used fishing vessel;
                  (C) purchasing, constructing, expanding, or 
                reconditioning a fishery facility;
                  (D) refinancing existing debt;
                  (E) reducing fishing capacity; and
                  (F) making upgrades to a fishing vessel, 
                including upgrades in technology, gear, or 
                equipment, that improve--
                          (i) collection and reporting of 
                        fishery-dependent data;
                          (ii) bycatch reduction or avoidance;
                          (iii) gear selectivity;
                          (iv) adverse impacts caused by 
                        fishing gear; or
                          (v) safety.
          [(8)](9) Mortgage.--The term ``mortgage'' includes--
                  (A) a preferred mortgage as defined in 
                section 31301 of this title; and
                  (B) a mortgage on a vessel that will become a 
                preferred mortgage when filed or recorded under 
                chapter 313 of this title.
          [(9)](10) Obligation.--The term ``obligation'' means 
        an instrument of indebtedness issued for a purpose 
        described in section 53706 of this title, except--
                  (A) an obligation issued by the Secretary or 
                Administrator under section 53723 of this 
                title; and
                  (B) an obligation eligible for investment of 
                funds under section 53715(f) or 53717 of this 
                title.
          [(10)](11) Obligee.--The term ``obligee'' means the 
        holder of an obligation.
          [(11)](12) Obligor.--The term ``obligor'' means a 
        party primarily liable for payment of the principal of 
        or interest on an obligation.
          [(12)](13) Ocean thermal energy conversion facility 
        or plantship.--The term ``ocean thermal energy 
        conversion facility or plantship'' means an at-sea 
        facility or vessel, whether mobile, floating unmoored, 
        moored, or standing on the seabed, that uses 
        temperature differences in ocean water to produce 
        electricity or another form of energy capable of being 
        used directly to perform work, and includes--
                  (A) equipment installed on the facility or 
                vessel to use the electricity or other form of 
                energy to produce, process, refine, or 
                manufacture a product;
                  (B) a cable or pipeline used to deliver the 
                electricity, freshwater, or product to shore; 
                and
                  (C) other associated equipment and 
                appurtenances of the facility or vessel to the 
                extent they are located seaward of the high 
                water mark.
          [(13)](14) Secretary.--The term ``Secretary'' means 
        the Secretary of Commerce with respect to fishing 
        vessels and fishery facilities.
          [(14)](15) Vessel.--The term ``vessel'' means any 
        type of vessel, whether in existence or under 
        construction, including--
                  (A) a cargo vessel;
                  (B) a passenger vessel;
                  (C) a combination cargo and passenger vessel;
                  (D) a tanker;
                  (E) a tug or towboat;
                  (F) a barge;
                  (G) a dredge;
                  (H) a floating drydock with a capacity of at 
                least 35,000 lifting tons and a beam of at 
                least 125 feet between the wing walls;
                  (I) an oceanographic research vessel;
                  (J) an instruction vessel;
                  (K) a pollution treatment, abatement, or 
                control vessel;
                  (L) a fishing vessel whose ownership meets 
                the citizenship requirements under section 
                50501 of this title for documenting vessels to 
                operate in the coastwise trade; and
                  (M) an ocean thermal energy conversion 
                facility or plantship that is or will be 
                documented under the laws of the United States.

Sec. 53702. General authority

  (a) In General.--The Secretary or Administrator, on terms the 
Secretary or Administrator may prescribe, may guarantee or make 
a commitment to guarantee the payment of the principal of and 
interest on an obligation eligible to be guaranteed under this 
chapter. A guarantee or commitment to guarantee shall cover 100 
percent of the principal and interest.
  (b) Direct Loans for Fisheries.--
          (1) In general.--Notwithstanding any other provision 
        of this chapter, any obligation involving a fishing 
        vessel, fishery facility, aquaculture facility, 
        individual fishing quota, or fishing capacity reduction 
        program issued under this chapter after October 11, 
        1996, shall be a direct loan obligation for which the 
        Secretary shall be the obligee, rather than an 
        obligation issued to an obligee other than the 
        Secretary and guaranteed by the Secretary. A direct 
        loan obligation under this subsection shall be treated 
        in the same manner and to the same extent as an 
        obligation guaranteed under this chapter except with 
        respect to provisions of this chapter that by their 
        nature can only be applied to obligations guaranteed 
        under this chapter.
          (2) Interest rate.--Notwithstanding any other 
        provision of this chapter, the annual rate of interest 
        an obligor shall pay on a direct loan obligation under 
        this subsection is 2 percent plus the additional 
        percent the Secretary must pay as interest to borrow 
        from the Treasury the funds to make the loan.
          (3) Minimum obligations available for historical 
        uses.--Of the direct loan obligations issued by the 
        Secretary under this chapter, the Secretary shall make 
        a minimum of $59,000,000 available each fiscal year for 
        historical uses.
          (4) Use of obligations in limited access fisheries.--
        In addition to the other eligible purposes and uses of 
        direct loan obligations provided for in this chapter, 
        the Secretary is authorized to issue direct loan 
        obligations for the purpose of--
                  (A) financing the construction or 
                reconstruction of a fishing vessel in a fishery 
                managed under a limited access system; or
                  (B) financing the purchase of harvesting 
                rights in a fishery that is federally managed 
                under a limited access system.

              SUBTITLE VII. SECURITY AND DRUG ENFORCEMENT

                       CHAPTER 701. PORT SECURITY

                         SUBCHAPTER I. GENERAL

Sec. 70105. Transportation security cards

           *       *       *       *       *       *       *


  (c) Determination of Terrorism Security Risk.--
          (1) Disqualifications.--
                  (A) Permanent disqualifying criminal 
                offenses.--Except as provided under paragraph 
                (2), an individual is permanently disqualified 
                from being issued a biometric transportation 
                security card under subsection (b) if the 
                individual has been convicted, or found not 
                guilty by reason of insanity, in a civilian or 
                military jurisdiction of any of the following 
                felonies:
                          (i) Espionage or conspiracy to commit 
                        espionage.
                          (ii) Sedition or conspiracy to commit 
                        sedition.
                          (iii) Treason or conspiracy to commit 
                        treason.
                          (iv) A Federal crime of terrorism (as 
                        defined in section 2332b(g) of title 
                        18), a crime under a comparable State 
                        law, or conspiracy to commit such 
                        crime.
                          (v) A crime involving a 
                        transportation security incident.
                          (vi) Improper transportation of a 
                        hazardous material in violation of 
                        section 5104(b) of title 49, or a 
                        comparable State law.
                          (vii) Unlawful possession, use, sale, 
                        distribution, manufacture, purchase, 
                        receipt, transfer, shipment, 
                        transportation, delivery, import, 
                        export, or storage of, or dealing in, 
                        an explosive or explosive device. In 
                        this clause, an explosive or explosive 
                        device includes--
                                  (I) an explosive (as defined 
                                in sections 232(5) and 844(j) 
                                of title 18);
                                  (II) explosive materials (as 
                                defined in subsections (c) 
                                through (f) of section 841 of 
                                title 18); and
                                  (III) a destructive device 
                                (as defined in 921(a)(4) of 
                                title 18 or section 5845(f) of 
                                the Internal Revenue Code of 
                                1986).
                          (viii) Murder.
                          (ix) Making any threat, or 
                        maliciously conveying false information 
                        knowing the same to be false, 
                        concerning the deliverance, placement, 
                        or detonation of an explosive or other 
                        lethal device in or against a place of 
                        public use, a State or other government 
                        facility, a public transportation 
                        system, or an infrastructure facility.
                          (x) A violation of chapter 96 of 
                        title 18, popularly known as the 
                        Racketeer Influenced and Corrupt 
                        Organizations Act, or a comparable 
                        State law, if one of the predicate acts 
                        found by a jury or admitted by the 
                        defendant consists of one of the crimes 
                        listed in this subparagraph.
                          (xi) Attempt to commit any of the 
                        crimes listed in clauses (i) through 
                        (iv).
                          (xii) Conspiracy or attempt to commit 
                        any of the crimes described in clauses 
                        (v) through (x).
                  (B) Interim disqualifying criminal 
                offenses.--Except as provided under paragraph 
                (2), an individual is disqualified from being 
                issued a biometric transportation security card 
                under subsection (b) if the individual has been 
                convicted, or found not guilty by reason of 
                insanity, during the 7-year period ending on 
                the date on which the individual applies for 
                such card, or was released from incarceration 
                during the 5-year period ending on the date on 
                which the individual applies for such card, of 
                any of the following felonies:
                          (i) Unlawful possession, use, sale, 
                        manufacture, purchase, distribution, 
                        receipt, transfer, shipment, 
                        transportation, delivery, import, 
                        export, or storage of, or dealing in, a 
                        firearm or other weapon. In this 
                        clause, a firearm or other weapon 
                        includes--
                                  (I) firearms (as defined in 
                                section 921(a)(3) of title 18 
                                or section 5845(a) of the 
                                Internal Revenue Code of 1986); 
                                and
                                  (II) items contained on the 
                                U.S. Munitions Import List 
                                under section 447.21 of title 
                                27, Code of Federal 
                                Regulations.
                          (ii) Extortion.
                          (iii) Dishonesty, fraud, or 
                        misrepresentation, including identity 
                        fraud and money laundering if the money 
                        laundering is related to a crime 
                        described in this subparagraph or 
                        subparagraph (A). In this clause, 
                        welfare fraud and passing bad checks do 
                        not constitute dishonesty, fraud, or 
                        misrepresentation.
                          (iv) Bribery.
                          (v) Smuggling.
                          (vi) Immigration violations.
                          (vii) Distribution of, possession 
                        with intent to distribute, or 
                        importation of a controlled substance.
                          (viii) Arson.
                          (ix) Kidnaping or hostage taking.
                          (x) Rape or aggravated sexual abuse.
                          (xi) Assault with intent to kill.
                          (xii) Robbery.
                          (xiii) Conspiracy or attempt to 
                        commit any of the crimes listed in this 
                        subparagraph.
                          (xiv) Fraudulent entry into a seaport 
                        in violation of section 1036 of title 
                        18, or a comparable State law.
                          (xv) A violation of the chapter 96 of 
                        title [18, popularly] 18 (popularly 
                        known as the Racketeer Influenced and 
                        Corrupt Organizations [Act] Act) or a 
                        comparable State law, other than any of 
                        the violations listed in subparagraph 
                        (A)(x).
                  (C) Under want, warrant, or indictment.--An 
                applicant who is wanted, or under indictment, 
                in any civilian or military jurisdiction for a 
                felony listed in paragraph (1)(A), is 
                disqualified from being issued a biometric 
                transportation security card under subsection 
                (b) until the want or warrant is released or 
                the indictment is dismissed.
                  (D) Other potential disqualifications.--
                Except as provided under subparagraphs (A) 
                through (C), an individual may not be denied a 
                transportation security card under subsection 
                (b) unless the Secretary determines that 
                individual--
                          (i) has been convicted within the 
                        preceding 7-year period of a felony or 
                        found not guilty by reason of insanity 
                        of a felony--
                                  (I) that the Secretary 
                                believes could cause the 
                                individual to be a terrorism 
                                security risk to the United 
                                States; or
                                  (II) for causing a severe 
                                transportation security 
                                incident;
                          (ii) has been released from 
                        incarceration within the preceding 5-
                        year period for committing a felony 
                        described in clause (i);
                          (iii) may be denied admission to the 
                        United States or removed from the 
                        United States under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et 
                        seq.); or
                          (iv) otherwise poses a terrorism 
                        security risk to the United States.
                  (E) Modification of listed offenses.--The 
                Secretary may, by rulemaking, add to or modify 
                the list of disqualifying crimes described in 
                paragraph (1)(B).
          (2) The Secretary shall prescribe regulations that 
        establish a waiver process for issuing a transportation 
        security card to an individual found to be otherwise 
        ineligible for such a card under subparagraph (A), (B), 
        or [(D) paragraph] (D) of paragraph (1). In deciding to 
        issue a card to such an individual, the Secretary 
        shall--
                  (A) give consideration to the circumstances 
                of any disqualifying act or offense, 
                restitution made by the individual, Federal and 
                State mitigation remedies, and other factors 
                from which it may be concluded that the 
                individual does not pose a terrorism risk 
                warranting denial of the card; and
                  (B) issue a waiver to an individual without 
                regard to whether that individual would 
                otherwise be disqualified if the individual's 
                employer establishes alternate security 
                arrangements acceptable to the Secretary.
          (3) Denial of waiver review.
                  (A) In general.--The Secretary shall 
                establish a review process before an 
                administrative law judge for individuals denied 
                a waiver under paragraph (2).
                  (B) Scope of review.--In conducting a review 
                under the process established pursuant to 
                subparagraph (A), the administrative law judge 
                shall be governed by the standards of section 
                706 of title 5. The substantial evidence 
                standard in section 706(2)(E) of title 5 shall 
                apply whether or not there has been an agency 
                hearing. The judge shall review all facts on 
                the record of the agency.
                  (C) Classified evidence.--The Secretary, in 
                consultation with the Director of National 
                Intelligence, shall issue regulations to 
                establish procedures by which the Secretary, as 
                part of a review conducted under this 
                paragraph, may provide to the individual 
                adversely affected by the determination an 
                unclassified summary of classified evidence 
                upon which the denial of a waiver by the 
                Secretary was based.
                  (D) Review of classified evidence by 
                administrative law judge.--
                          (i) Review.--As part of a review 
                        conducted under this section, if the 
                        decision of the Secretary was based on 
                        classified information (as defined in 
                        section 1(a) of the Classified 
                        Information Procedures Act (18 U.S.C. 
                        App.)), such information may be 
                        submitted by the Secretary to the 
                        reviewing administrative law judge, 
                        pursuant to appropriate security 
                        procedures, and shall be reviewed by 
                        the administrative law judge ex parte 
                        and in camera.
                          (ii) Security clearances.--Pursuant 
                        to existing procedures and 
                        requirements, the Secretary, in 
                        coordination (as necessary) with the 
                        heads of other affected departments or 
                        agencies, shall ensure that 
                        administrative law judges reviewing 
                        negative waiver decisions of the 
                        Secretary under this paragraph possess 
                        security clearances appropriate for 
                        such review.
                          (iii) Unclassified summaries of 
                        classified evidence.--As part of a 
                        review conducted under this paragraph 
                        and upon the request of the individual 
                        adversely affected by the decision of 
                        the Secretary not to grant a waiver, 
                        the Secretary shall provide to the 
                        individual and reviewing administrative 
                        law judge, consistent with the 
                        procedures established under clause 
                        (i), an unclassified summary of any 
                        classified information upon which the 
                        decision of the Secretary was based.
                  (E) New evidence.--The Secretary shall 
                establish a process under which an individual 
                may submit a new request for a waiver, 
                notwithstanding confirmation by the 
                administrative law judge of the Secretary's 
                initial denial of the waiver, if the request is 
                supported by substantial evidence that was not 
                available to the Secretary at the time the 
                initial waiver request was denied.
          (4) The Secretary shall establish an appeals process 
        under this section for individuals found to be 
        ineligible for a transportation security card that 
        includes notice and an opportunity for a hearing.
          (5) Upon application, the Secretary may issue a 
        transportation security card to an individual if the 
        Secretary has previously determined, under section 
        5103a of title 49, that the individual does not pose a 
        security risk.

Sec. 70107. Grants

  (a) In General.--The Secretary shall establish a grant 
program for the allocation of funds based on risk to implement 
Area Maritime Transportation Security Plans and facility 
security plans among port authorities, facility operators, and 
State and local government agencies required to provide port 
security services and to train law enforcement personnel under 
section 70132 of this title. Before awarding a grant under the 
program, the Secretary shall provide for review and comment by 
the appropriate Federal Maritime Security Coordinators and the 
Maritime Administrator. In administering the grant program, the 
Secretary shall take into account national economic, energy, 
and strategic defense concerns based upon the most current risk 
assessments available.
  (b) Eligible Costs.--The following costs of funding the 
correction of Coast Guard identified vulnerabilities in port 
security and ensuring compliance with Area Maritime 
Transportation Security Plans and facility security plans are 
eligible to be funded:
          (1) Salary, benefits, overtime compensation, 
        retirement contributions, and other costs of additional 
        Coast Guard mandated security personnel.
          (2) The cost of acquisition, operation, and 
        maintenance of security equipment or facilities to be 
        used for security monitoring and recording, security 
        gates and fencing, marine barriers for designated 
        security zones, security-related lighting systems, 
        remote surveillance, concealed video systems, security 
        vessels, and other security-related infrastructure or 
        equipment that contributes to the overall security of 
        passengers, cargo, or crewmembers. Grants awarded under 
        this section may not be used to construct buildings or 
        other physical facilities, except those which are 
        constructed under terms and conditions consistent with 
        the requirements under section 611(j)(8) of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. [5121(j)(8)),] 5196(j)(8)), including 
        those facilities in support of this paragraph, and 
        specifically approved by the Secretary. Costs eligible 
        for funding under this paragraph may not exceed the 
        greater of--
                  (A) $1,000,000 per project; or
                  (B) such greater amount as may be approved by 
                the Secretary, which may not exceed 10 percent 
                of the total amount of the grant.
          (3) The cost of screening equipment, including 
        equipment that detects weapons of mass destruction and 
        conventional explosives, and of testing and evaluating 
        such equipment, to certify secure systems of 
        transportation.
          (4) The cost of conducting vulnerability assessments 
        to evaluate and make recommendations with respect to 
        security.
          (5) The cost of conducting exercises or training for 
        prevention and detection of, preparedness for, response 
        to, or recovery from terrorist attacks.
          (6) The cost of establishing or enhancing mechanisms 
        for sharing terrorism threat information and ensuring 
        that the mechanisms are interoperable with Federal, 
        State, and local agencies.
          (7) The cost of equipment (including software) 
        required to receive, transmit, handle, and store 
        classified information.
          (8) The cost of training law enforcement personnel--
                  (A) to enforce a security zone under section 
                70132 of this title; or
                  (B) assist in the enforcement of a security 
                zone.

           *       *       *       *       *       *       *

  (m) Investigations.--
          (1) In general.--The Secretary shall conduct 
        investigations, fund pilot programs, and award grants, 
        to examine or develop--
                  (A) methods or programs to increase the 
                ability to target for inspection vessels, 
                cargo, crewmembers, or passengers that will 
                arrive or have arrived at any port or place in 
                the United States;
                  (B) equipment to detect accurately 
                explosives, chemical, or biological agents that 
                could be used in a transportation security 
                incident against the United States;
                  (C) equipment to detect accurately nuclear or 
                radiological materials, including 
                scintillation-based detection equipment capable 
                of signalling the presence of nuclear or 
                radiological materials;
                  (D) improved tags and seals designed for use 
                on shipping containers to track the 
                transportation of the merchandise in such 
                containers, including sensors that are able to 
                track a container throughout its entire supply 
                chain, detect hazardous and radioactive 
                materials within that container, and transmit 
                that information to the appropriate law 
                enforcement authorities;
                  (E) tools, including the use of satellite 
                tracking systems, to increase the awareness of 
                maritime areas and to identify potential 
                transportation security incidents that could 
                have an impact on facilities, vessels, and 
                infrastructure on or adjacent to navigable 
                waterways, including underwater access;
                  (F) tools to mitigate the consequences of a 
                transportation security incident on, adjacent 
                to, or under navigable waters of the United 
                States, including sensor equipment, and other 
                tools to help coordinate effective response to 
                a transportation security incident;
                  (G) applications to apply existing 
                technologies from other areas or industries to 
                increase overall port security;
                  (H) improved container design, including 
                blast-resistant containers; and
                  (I) methods to improve security and 
                sustainability of port facilities in the event 
                of a maritime transportation security incident, 
                including specialized inspection facilities.
          (2) Implementation of technology.--
                  (A) In general.--In conjunction with ongoing 
                efforts to improve security at United States 
                ports, the Secretary may conduct pilot projects 
                at United States ports to test the 
                effectiveness and applicability of new port 
                security projects, including--
                          (i) testing of new detection and 
                        screening technologies;
                          (ii) projects to protect United 
                        States ports and infrastructure on or 
                        adjacent to the navigable waters of the 
                        United States, including underwater 
                        access; and
                          (iii) tools for responding to a 
                        transportation security incident at 
                        United States ports and infrastructure 
                        on or adjacent to the navigable waters 
                        of the United States, including 
                        underwater access.
                  (B) Authorization of appropriations.--There 
                is authorized to be appropriated to the 
                Secretary $35,000,000 for each of fiscal years 
                2005 through 2009 to carry out this subsection.
          (3) National port security centers.--
                  (A) In general.--The Secretary may make 
                grants or enter into cooperative agreements 
                with eligible nonprofit institutions of higher 
                learning to conduct investigations in 
                collaboration with ports and the maritime 
                transportation industry focused on enhancing 
                security of the Nation's ports in accordance 
                with this subsection through National Port 
                Security Centers.
                  (B) Applications.--To be eligible to receive 
                a grant under this paragraph, a nonprofit 
                institution of higher learning, or a consortium 
                of such institutions, shall submit an 
                application to the Secretary in such form and 
                containing such information as the Secretary 
                may require.
                  (C) Competitive selection process.--The 
                Secretary shall select grant recipients under 
                this paragraph through a competitive process on 
                the basis of the following criteria:
                          (i) Whether the applicant can 
                        demonstrate that personnel, laboratory, 
                        and organizational resources will be 
                        available to the applicant to carry out 
                        the investigations authorized in this 
                        paragraph.
                          (ii) The applicant's capability to 
                        provide leadership in making national 
                        and regional contributions to the 
                        solution of immediate and long-range 
                        port and maritime transportation 
                        security and risk mitigation problems.
                          (iii) Whether the applicant can 
                        demonstrate [that is] that the 
                        applicant has an established, 
                        nationally recognized program in 
                        disciplines that contribute directly to 
                        maritime transportation safety and 
                        education.
                          (iv) Whether the applicant's 
                        investigations will involve major 
                        United States ports on the East Coast, 
                        the Gulf Coast, and the West Coast, and 
                        Federal agencies and other entities 
                        with expertise in port and maritime 
                        transportation.
                          (v) Whether the applicant has a 
                        strategic plan for carrying out the 
                        proposed investigations under the 
                        grant.
          (4) Administrative provisions.--
                  (A) No duplication of effort.--Before making 
                any grant, the Secretary shall coordinate with 
                other Federal agencies to ensure the grant will 
                not duplicate work already being conducted with 
                Federal funding.
                  (B) Accounting.--The Secretary shall by 
                regulation establish accounting, reporting, and 
                review procedures to ensure that funds made 
                available under paragraph (1) are used for the 
                purpose for which they were made available, 
                that all expenditures are properly accounted 
                for, and that amounts not used for such 
                purposes and amounts not expended are 
                recovered.
                  (C) Recordkeeping.--Recipients of grants 
                shall keep all records related to expenditures 
                and obligations of funds provided under 
                paragraph (1) and make them available upon 
                request to the Inspector General of the 
                department in which the Coast Guard is 
                operating and the Secretary for audit and 
                examination.
          (5) Annual review and report.--The Inspector General 
        of the department in which the Coast Guard is operating 
        shall annually review the programs established under 
        this subsection to ensure that the expenditures and 
        obligations of funds are consistent with the purposes 
        for which they are provided, and report the findings to 
        the Committee on Commerce, Science, and Transportation 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives.

Sec. 70108. Foreign port assessment

  (a) In General.--The Secretary shall assess the effectiveness 
of the antiterrorism measures maintained at--
          (1) a foreign port--
                  (A) served by vessels documented under 
                chapter 121 of this title; or
                  (B) from which foreign vessels depart on a 
                voyage to the United States; and
          (2) any other foreign port the Secretary believes 
        poses a security risk to international maritime 
        commerce.
  (b) Procedures.--In conducting an assessment under subsection 
(a), the Secretary shall assess the effectiveness of--
          (1) screening of containerized and other cargo and 
        baggage;
          (2) security measures to restrict access to cargo, 
        vessels, and dockside property to authorized personnel 
        only;
          (3) additional security on board vessels;
          (4) licensing or certification of compliance with 
        appropriate security standards;
          (5) the security management program of the foreign 
        port; and
          (6) other appropriate measures to deter terrorism 
        against the United States.
  (c) Consultation.--In carrying out this section, the 
Secretary shall consult with--
          (1) the Secretary of Defense and the Secretary of 
        State--
                  (A) on the terrorist threat that exists in 
                each country involved; and
                  (B) to identify foreign ports that pose a 
                high risk of introducing terrorism to 
                international maritime commerce;
          (2) appropriate authorities of foreign governments; 
        and
          (3) operators of vessels.
          (4) [Redesignated]
  (d) Periodic Reassessment.--The Secretary, acting through the 
Commandant of the Coast Guard, shall reassess the effectiveness 
of antiterrorism measures maintained at ports as described 
under subsection (a) and of procedures described in subsection 
(b) not less than once every 3 years.
  (e) Limitation on Statutory Construction.--The absence of an 
inspection of a foreign port shall not bar the Secretary from 
making a finding that a port in a foreign country does not 
maintain effective antiterrorism measures.
  (f) Recognition of Assessment Conducted by Other Entities.--
          (1) Certification and treatment of assessments.--For 
        the purposes of this section and section 70109, the 
        Secretary may treat an assessment that a foreign 
        government (including, for the purposes of this 
        subsection, an entity of or operating under the 
        auspices of the European Union) or international 
        organization has conducted as an assessment that the 
        Secretary has conducted for the purposes of subsection 
        (a), provided that the Secretary certifies that the 
        foreign government or international organization has--
                  (A) conducted the assessment in accordance 
                with subsection (b); and
                  (B) provided the Secretary with sufficient 
                information pertaining to its assessment 
                (including, but not limited to, information on 
                the outcome of the assessment).
          (2) Authorization to enter into an agreement.--For 
        the purposes of this section and section 70109, the 
        Secretary, in consultation with the Secretary of State, 
        may enter into an agreement with a foreign government 
        (including, for the purposes of this subsection, an 
        entity of or operating under the auspices of the 
        European Union) or international organization, under 
        which parties to the agreement--
                  (A) conduct an assessment, required under 
                subsection (a);
                  (B) share information pertaining to such 
                assessment (including, but not limited to, 
                information on the outcome of the assessment); 
                or
                  (C) both.
          (3) Limitations.--Nothing in this subsection shall be 
        construed to--
                  (A) require the Secretary to recognize an 
                assessment that a foreign government or an 
                international organization has conducted; or
                  (B) limit the discretion or ability of the 
                Secretary to conduct an assessment under this 
                section.

Sec. 70122. Waterway [watch program] Watch Program

  (a) Program Established.--There is hereby established, within 
the Coast Guard, the America's Waterway Watch Program.

           *       *       *       *       *       *       *


               CHAPTER 705. MARITIME DRUG LAW ENFORCEMENT

Sec. 70509. Destruction of evidence during maritime counter-drug 
                    operations

  (a) In General.--Whoever, while on board a vessel used to 
commit, or to facilitate the commission of, an offense under 
section 70503 of this title, knowingly or intentionally 
destroys (including jettisoning any item or scuttling, burning, 
or hastily cleaning a vessel), or attempts or conspires to 
destroy, property that is subject to forfeiture under section 
511(a) of the Comprehensive Drug Abuse Prevention and Control 
Act of 1970 (21 U.S.C. 881(a)) shall be fined in accordance 
with section 3571 of title 18, imprisoned not more than 15 
years, or both.
  (b) Prima Facie Evidence of Violation.--Practices commonly 
recognized as smuggling tactics may provide prima facie 
evidence of intent to use a vessel to commit, or to facilitate 
the commission of, an offense under section 70503 of this 
title, even in the absence of controlled substances aboard the 
vessel. The following indicia, among others, may be considered, 
in the totality of the circumstances, to be prima facie 
evidence that a vessel is intended to be used to commit, or to 
facilitate the commission of, such an offense:
          (1) The construction or adaptation of the vessel in a 
        manner that facilitates smuggling, including--
                  (A) the configuration of the vessel to ride 
                low in the water or present a low hull profile 
                to avoid being detected visually or by radar;
                  (B) the presence of any compartment or 
                equipment that is built or fitted out for 
                smuggling, not including items such as a safe 
                or lock-box reasonably used for the storage of 
                personal valuables;
                  (C) the presence of an auxiliary tank not 
                installed in accordance with applicable law or 
                installed in such a manner as to enhance the 
                vessel's smuggling capability;
                  (D) the presence of engines that are 
                excessively overpowered in relation to the 
                design and size of the vessel;
                  (E) the presence of materials used to reduce 
                or alter the heat or radar signature of the 
                vessel and avoid detection;
                  (F) the presence of a camouflaging paint 
                scheme, or of materials used to camouflage the 
                vessel, to avoid detection; or
                  (G) the display of false vessel registration 
                numbers, false indicia of vessel nationality, 
                false vessel name, or false vessel homeport.
          (2) The presence or absence of equipment, personnel, 
        or cargo inconsistent with the type or declared purpose 
        of the vessel.
          (3) The presence of excessive fuel, lube oil, food, 
        water, or spare parts, inconsistent with legitimate 
        vessel operation, inconsistent with the construction or 
        equipment of the vessel, or inconsistent with the 
        character of the vessel's stated purpose.
          (4) The operation of the vessel without lights during 
        times lights are required to be displayed under 
        applicable law or regulation and in a manner of 
        navigation consistent with smuggling tactics used to 
        avoid detection by law enforcement authorities.
          (5) The failure of the vessel to stop or respond or 
        heave to when hailed by government authority, 
        especially where the vessel conducts evasive 
        maneuvering when hailed.
          (6) The declaration to government authority of false 
        information about the vessel, crew, or voyage or the 
        failure to identify the vessel by name or country of 
        registration when requested to do so by government 
        authority.
          (7) The presence of controlled substance residue on 
        the vessel, on an item aboard the vessel, or on an 
        individual aboard the vessel, of a quantity or other 
        nature that reasonably indicates manufacturing or 
        distribution activity.
          (8) The use of petroleum products or other substances 
        on the vessel to foil the detection of controlled 
        substance residue.
          (9) The presence of a controlled substance in the 
        water in the vicinity of the vessel, where given the 
        currents, weather conditions, and course and speed of 
        the vessel, the quantity or other nature is such that 
        it reasonably indicates that the controlled substance 
        was transported in the subject vessel.
  (c) Extension Beyond Territorial Jurisdiction.--Subsection 
(a) applies even though the act is committed outside the 
territorial jurisdiction of the United States.

Sec. 70510. Maritime bulk cash smuggling

  (a) Criminal Offense.--Whoever, while aboard a vessel used to 
commit, or to facilitate the commission of, an offense under 
section 70503 of this title, or whoever, while aboard a vessel 
outfitted for smuggling, knowingly conceals, attempts to 
conceal, or conspires to conceal more than $100,000 in currency 
or other monetary instruments on the person of such individual 
or in any conveyance, article of luggage, merchandise, or other 
container, or compartment of or aboard such vessel shall be 
fined in accordance with section 3571 of title 18, imprisoned 
not more than 15 years, or both.
  (b) Prima Facie Evidence of Violation.--Practices commonly 
recognized as smuggling tactics may provide prima facie 
evidence of intent to use a vessel to commit, or to facilitate 
the commission of, an offense under section 70503 of this title 
or prima facie evidence of a vessel outfitted for smuggling, 
even in the absence of controlled substances aboard the vessel. 
The following indicia, among others, may be considered, in the 
totality of the circumstances, to be prima facie evidence that 
a vessel is intended to be used to commit, or to facilitate the 
commission of, such an offense or is outfitted for smuggling:
          (1) The construction or adaptation of the vessel in a 
        manner that facilitates smuggling, including--
                  (A) the configuration of the vessel to ride 
                low in the water or present a low hull profile 
                to avoid being detected visually or by radar;
                  (B) the presence of any compartment or 
                equipment that is built or fitted out for 
                smuggling, not including items such as a safe 
                or lock-box reasonably used for the storage of 
                personal valuables;
                  (C) the presence of an auxiliary tank not 
                installed in accordance with applicable law or 
                installed in such a manner as to enhance the 
                vessel's smuggling capability;
                  (D) the presence of engines that are 
                excessively overpowered in relation to the 
                design and size of the vessel;
                  (E) the presence of materials used to reduce 
                or alter the heat or radar signature of the 
                vessel and avoid detection;
                  (F) the presence of a camouflaging paint 
                scheme, or of materials used to camouflage the 
                vessel, to avoid detection; or
                  (G) the display of false vessel registration 
                numbers, false indicia of vessel nationality, 
                false vessel name, or false vessel homeport.
          (2) The presence or absence of equipment, personnel, 
        or cargo inconsistent with the type or declared purpose 
        of the vessel.
          (3) The presence of excessive fuel, lube oil, food, 
        water, or spare parts, inconsistent with legitimate 
        vessel operation, inconsistent with the construction or 
        equipment of the vessel, or inconsistent with the 
        character of the vessel's stated purpose.
          (4) The operation of the vessel without lights during 
        times lights are required to be displayed under 
        applicable law or regulation and in a manner of 
        navigation consistent with smuggling tactics used to 
        avoid detection by law enforcement authorities.
          (5) The failure of the vessel to stop or respond or 
        heave to when hailed by government authority, 
        especially where the vessel conducts evasive 
        maneuvering when hailed.
          (6) The declaration to government authority of false 
        information about the vessel, crew, or voyage or the 
        failure to identify the vessel by name or country of 
        registration when requested to do so by government 
        authority.
  (c) Forfeiture.--
          (1) Criminal forfeiture.--The court in imposing 
        sentence for any violation of subsection (a), or any 
        attempt or conspiracy to commit such violation, shall 
        order the defendant to forfeit all property, real or 
        personal, involved in the offence and any property 
        traceable thereto. Forfeitures under this paragraph 
        shall be governed by the procedures established in 
        section 413 of the Controlled Substances Act (21 U.S.C. 
        853).
          (2) Civil forfeiture.--Any property, real or 
        personal, involved in a violation of subsection (a), or 
        the attempt or a conspiracy to commit such violation, 
        and any property, real or personal, traceable to such 
        violation or conspiracy, may be seized and forfeited to 
        the United States. Forfeitures under this paragraph 
        shall be governed by the procedures governing civil 
        forfeitures in money laundering cases pursuant to 
        section 981(a)(1)(A) of title 18, United States Code.
  (d) Extension Beyond Territorial Jurisdiction.--Subsection 
(a) applies even though the act is committed outside the 
territorial jurisdiction of the United States.

                        TITLE 49. TRANSPORTATION


             SUBTITLE III. GENERAL AND INTERMODAL PROGRAMS

            CHAPTER 51. TRANSPORTATION OF HAZARDOUS MATERIAL

Sec. 5129. Maritime transportation of hazardous material

  For the purposes of enforcing this chapter, the Secretary and 
the Secretary of the department in which the Coast Guard is 
operating shall establish policies and practices to ensure that 
the authorities set forth in this chapter are enforced in the 
same manner and to the same extent, and the civil and criminal 
penalties are assessed or recommended in the same manner and to 
the same extent.

                         ACT OF AUGUST 18, 1894


                             [28 Stat. 338]

SEC. 5. REGULATIONS FOR DRAWBRIDGES.

                            [33 U.S.C. 499]

  (a) Criminal Penalties for Violations; Enforcement; Rules and 
Regulations.--It shall be the duty of all persons owning, 
operating, and tending the drawbridges now built or which may 
hereafter be built across the navigable rivers and other waters 
of the United States, to open, or cause to be opened, the draws 
of such bridges under such rules and regulations as in the 
opinion of the [Secretary of Transportation] Secretary of the 
department in which the Coast Guard is operating the public 
interests require to govern the opening of drawbridges for the 
passage of vessels and other water crafts, and such rules and 
regulations, when so made and published, shall have the force 
of law. Every such person who shall wilfully fail or refuse to 
open, or cause to be opened, the draw of any such bridge for 
the passage of a boat or boats, as provided in such 
regulations, shall be deemed guilty of a misdemeanor, and on 
conviction thereof shall be punished by a fine of not more than 
$2,000 nor less than $1,000, or by imprisonment (in the case of 
a natural person) for not exceeding one year, or by both such 
fine and imprisonment, in the discretion of the court: 
Provided, That the proper action to enforce the provisions of 
this subsection may be commenced before any commissioner, 
judge, or court of the United States, and such commissioner, 
judge, or court shall proceed in respect thereto as authorized 
by law in case of crimes against the United States: Provided 
further, That whenever, in the opinion of the [Secretary of 
Transportation] Secretary of the department in which the Coast 
Guard is operating, the public interests require it, he may 
make rules and regulations to govern the opening of drawbridges 
for the passage of vessels and other water crafts, and such 
rules and regulations, when so made and published, shall have 
the force of law, and any willful violation thereof shall be 
punished as hereinbefore provided: Provided further, That any 
regulations made in pursuance of this section may be enforced 
as provided in section 413 of this title, the provisions 
whereof are made applicable to the said regulations. Any rules 
and regulations made in pursuance of this section shall, to the 
extent practical and feasible, provide for regularly scheduled 
openings of drawbridges during seasons of the year, and during 
times of the day, when scheduled openings would help reduce 
motor vehicle traffic delays and congestion on roads and 
highways linked by drawbridges.
  (b) Nonstructural Vessel Appurtenance; Unreasonable Delay.--
No vessel owner or operator shall signal a drawbridge to open 
for any nonstructural vessel appurtenance which is not 
essential to navigation or which is easily lowered and no 
person shall unreasonably delay the opening of a draw after the 
signal required by rules or regulations under this section has 
been given. The [Secretary of Transportation] Secretary of the 
department in which the Coast Guard is operating shall issue 
rules and regulations to implement this subsection.
  (c) Civil Penalties for Violation; Notice and Hearing; 
Assessment, Collection, and Remission; Civil Actions.--Whoever 
violates any rule or regulation issued under subsection (a) or 
(b), shall be liable to a civil penalty of not more than $ 
5,000 for a violation occurring in 2004; $10,000 for a 
violation occurring in 2005; $15,000 for a violation occurring 
in 2006; $20,000 for a violation occurring in 2007; and $25,000 
for a violation occurring in 2008 and any year thereafter. No 
penalty may be assessed under this subsection until the person 
charged is given notice and an opportunity for a hearing on the 
charge. The [Secretary of Transportation] Secretary of the 
department in which the Coast Guard is operating may assess and 
collect any civil penalty incurred under this subsection and, 
in his discretion, may remit, mitigate, or compromise any 
penalty until the matter is referred to the Attorney General. 
If a person against whom a civil penalty is assessed under this 
subsection fails to pay that penalty, an action may be 
commenced in the district court of the United States for any 
district in which the violation occurs for such penalty.

              RIVERS AND HARBORS APPROPRIATION ACT OF 1899


                            [30 Stat. 1121]

SEC. 9. CONSTRUCTION OF BRIDGES, CAUSEWAYS, DAMS, OR DIKES GENERALLY.

                            [33 U.S.C. 401]

  It shall not be lawful to construct or commence the 
construction of any bridge, causeway, dam, or dike over or in 
any port, roadstead, haven, harbor, canal, navigable river, or 
other navigable water of the United States until the consent of 
Congress to the building of such structures shall have been 
obtained and until the plans for (1) the bridge or causeway 
shall have been submitted to and approved by the [Secretary of 
Transportation] Secretary of the department in which the Coast 
Guard is operating, or (2) the dam or dike shall have been 
submitted to and approved by the Chief of Engineers and 
Secretary of the Army. However, such structures may be built 
under authority of the legislature of a State across rivers and 
other waterways the navigable portions of which lie wholly 
within the limits of a single State, provided the location and 
plans thereof are submitted to and approved by the [Secretary 
of Transportation] Secretary of the department in which the 
Coast Guard is operating or by the Chief of Engineers and 
Secretary of the Army before construction is commenced. When 
plans for any bridge or other structure have been approved by 
the [Secretary of Transportation] Secretary of the department 
in which the Coast Guard is operating or by the Chief of 
Engineers and Secretary of the Army, it shall not be lawful to 
deviate from such plans either before or after completion of 
the structure unless modification of said plans has previously 
been submitted to and received the approval of the [Secretary 
of Transportation] Secretary of the department in which the 
Coast Guard is operating or the Chief of Engineers and the 
Secretary of the Army. The approval required by this section of 
the location and plans or any modification of plans of any 
bridge or causeway does not apply to any bridge or causeway 
over waters that are not subject to the ebb and flow of the 
tide and that are not used and are not susceptible to use in 
their natural condition or by reasonable improvement as a means 
to transport interstate or foreign commerce.

[SEC. 12. PENALTY FOR WRONGFUL CONSTRUCTION OF BRIDGES, PIERS, ETC.; 
                    REMOVAL OF STRUCTURES

  [Every person and every corporation that shall violate any of 
the provisions of sections nine, ten, and eleven of this Act, 
or any rule or regulation made by the Secretary of War in 
pursuance of the provisions of said section eleven, shall be 
deemed guilty of a misdemeanor, and on conviction thereof shall 
be punished by a fine not exceeding $2,500 nor less than $500, 
or by imprisonment (in the case of a natural person) not 
exceeding one year, or by both such punishments, in the 
discretion of the court.]

SEC. 12. PENALTY FOR WRONGFUL CONSTRUCTION; REMOVAL OF STRUCTURES.

   (a) Penalty for Wrongful Construction.--Each individual or 
entity that violates an applicable provision of section 9, 10, 
or 11, or any rule or regulation promulgated by the Secretary 
of the department in which the Coast Guard is operating 
pursuant to section 9 or the Secretary of the Army pursuant to 
section 11, shall be--
          (1) guilty of a misdemeanor; and
          (2) on conviction, punished by, at the discretion of 
        the applicable court--
                  (A) a fine of not less than $500 nor more 
                than $2,500;
                  (B) imprisonment (in the case of an 
                individual) for not more than 1 year; or
                  (C) both the punishments described in 
                subparagraphs (A) and (B).
  [And further, the removal]
  (b)  Removal of Structures._The removal   of any structures 
or parts of structures erected in violation of [the provisions 
of the said sections may be enforced by the injunction of any 
circuit court exercising]  a provision described in subsection 
(a) may be enforced by the injunction of any district court 
exercising  jurisdiction in any district in which such 
structures may exist, and proper proceedings to this end may be 
instituted under the direction of the Attorney General of the 
United States.

SEC. 18. ALTERATION, REMOVAL, OR REPAIR OF BRIDGE OR ACCESSORY 
                    OBSTRUCTIONS TO NAVIGATION.

                            [33 U.S.C. 502]

  (a) Criminal Penalties for Violation; Alteration or Removal 
Requirements; Notice and Hearing; Specification of Changes; 
Time for Compliance; Notice to United States Attorney; 
Misdemeanor; Fine; New Offenses.--Whenever the [Secretary of 
Transportation] Secretary of the department in which the Coast 
Guard is operating shall have good reason to believe that any 
railroad or other bridge now constructed, or which may 
hereafter be constructed, over any of the navigable waterways 
of the United States is an unreasonable obstruction to the free 
navigation of such waters on account of insufficient height, 
width of span, or otherwise, or where there is difficulty in 
passing the draw opening or the draw span of such bridge by 
rafts, steamboats, or other water craft, it shall be the duty 
of the said Secretary, first giving the parties reasonable 
opportunity to be heard, to give notice to the persons or 
corporations owning or controlling such bridge so to alter the 
same as to render navigation through or under it reasonably 
free, easy, and unobstructed; and in giving such notice he 
shall specify the changes that are required to be made, and 
shall prescribe in each case a reasonable time in which to make 
them. If at the end of such time the alteration has not been 
made, the [Secretary of Transportation] Secretary of the 
department in which the Coast Guard is operating shall 
forthwith notify the United States district attorney for the 
district in which such bridge is situated, to the end that the 
criminal proceedings hereinafter mentioned may be taken. If the 
persons, corporation, or association owning or controlling any 
railroad or other bridge shall, after receiving notice to that 
effect, as hereinbefore required, from the [Secretary of 
Transportation] Secretary of the department in which the Coast 
Guard is operating, and within the time prescribed by him 
willfully fail or refuse to remove the same or to comply with 
the lawful order of the [Secretary of Transportation] Secretary 
of the department in which the Coast Guard is operating in the 
premises, such persons, corporation, or association shall be 
deemed guilty of a misdemeanor, and on conviction thereof shall 
be punished by a fine not exceeding $5,000, and every month 
such persons, corporation, or association shall remain in 
default in respect to the removal or alteration of such bridge 
shall be deemed a new offense, and subject the persons, 
corporation, or association so offending to the penalties above 
prescribed.
  (b) Proper Repair Requirement.--No owner or operator of any 
bridge, drawbridge, or causeway shall endanger, unreasonably 
obstruct, or make hazardous the free navigation of any 
navigable water of the United States by reason of the failure 
to keep the bridge, drawbridge, or causeway and any accessory 
works in proper repair.
  (c) Civil Penalties for Violation; Separate Offenses; Notice 
and Hearing; Assessment, Collection, and Remission; Civil 
Actions.--Whoever violates any provision of this section, or 
any order issued under this section, shall be liable to a civil 
penalty of not more than $5,000 for a violation occurring in 
2004; $10,000 for a violation occurring in 2005; $15,000 for a 
violation occurring in 2006; $20,000 for a violation occurring 
in 2007; and $25,000 for a violation occurring in 2008 and any 
year thereafter. Each day a violation continues shall be deemed 
a separate offense. No penalty may be assessed under this 
subsection until the person charged is given notice and an 
opportunity for a hearing on the charge. The [Secretary of 
Transportation] Secretary of the department in which the Coast 
Guard is operating may assess and collect any civil penalty 
incurred under this subsection and, in his discretion, may 
remit, mitigate, or compromise any penalty until the matter is 
referred to the Attorney General. If a person against whom a 
civil penalty is assessed under this subsection fails to pay 
that penalty, an action may be commenced in the district court 
of the United States for any district in which the violation 
occurs for such penalty.

                           BRIDGE ACT OF 1906


                        [33 U.S.C. 491 et seq.]

SEC. 1. APPROVAL OF AND DEVIATION FROM PLANS; EXEMPTIONS.

                            [33 U.S.C. 491]

  When, hereafter, authority is granted by Congress to any 
persons to construct and maintain a bridge across or over any 
of the navigable waters of the United States, such bridge shall 
not be built or commenced until the plans and specifications 
for its construction, together with such drawings of the 
proposed construction and such map of the proposed location as 
may be required for a full understanding of the subject, have 
been submitted to the [Secretary of Transportation] Secretary 
of the department in which the Coast Guard is operating for the 
Secretary's approval, nor until the Secretary shall have 
approved such plans and specifications and the location of such 
bridge and accessory works; and when the plans for any bridge 
to be constructed under the provisions of this Act have been 
approved by the Secretary it shall not be lawful to deviate 
from such plans, either before or after completion of the 
structure, unless the modification of such plans has previously 
been submitted to and received the approval of the Secretary. 
This section shall not apply to any bridge over waters which 
are not subject to the ebb and flow of the tide and which are 
not used and are not susceptible to use in their natural 
condition or by reasonable improvement as a means to transport 
interstate or foreign commerce.

SEC. 4. OBSTRUCTION OF NAVIGATION; ALTERATIONS AND REMOVALS; LIGHTS AND 
                    SIGNALS; DRAWS.

                            [33 U.S.C. 494]

  No bridge erected or maintained under the provisions of this 
Act shall at any time unreasonably obstruct the free navigation 
of the waters over which it is constructed, and if any bridge 
erected in accordance with the provisions of this Act shall, in 
the opinion of the [Secretary of Homeland Security] Secretary 
of the department in which the Coast Guard is operating, at any 
time unreasonably obstruct such navigation, either on account 
of insufficient height, width of span, or otherwise, or if 
there be difficulty in passing the draw opening or the drawspan 
of such bridge by rafts, steamboats, or other water craft, it 
shall be the duty of the [Secretary of Homeland Security] 
Secretary of the department in which the Coast Guard is 
operating after giving the parties interested reasonable 
opportunity to be heard, to notify the persons owning or 
controlling such bridge to so alter the same as to render 
navigation through or under it reasonably free, easy, and 
unobstructed, stating in such notice the changes required to be 
made, and prescribing in each case a reasonable time in which 
to make such changes, and if at the end of the time so 
specified the changes so required have not been made, the 
persons owning or controlling such bridge shall be deemed 
guilty of a violation of this Act; and all such alterations 
shall be made and all such obstructions shall be removed at the 
expense of the persons owning or operating said bridge. The 
persons owning or operating any such bridge shall maintain, at 
their own expense, such lights and other signals thereon as the 
Secretary of Commerce and Labor shall prescribe. If the bridge 
shall be constructed with a draw, then the draw shall be opened 
promptly by the persons owning or operating such bridge upon 
reasonable signal for the passage of boats and other water 
craft.

SEC. 5. VIOLATIONS OF ORDERS RESPECTING BRIDGES AND ACCESSORY WORKS.

                            [33 U.S.C. 495]

  (a) Criminal Penalties for Violation; Misdemeanor; Fine; New 
Offenses; Jurisdiction; Suits for Recovery of Removal Expenses, 
Enforcement of Removal, and Obstruction-to-navigation Cause or 
Questions.--Any persons who shall willfully fail or refuse to 
comply with the lawful order of the [Secretary of 
Transportation] Secretary of the department in which the Coast 
Guard is operating or the Chief of Engineers, made in 
accordance with the provisions of this Act, shall be deemed 
guilty of a misdemeanor and on conviction thereof shall be 
punished in any court of competent jurisdiction by a fine not 
exceeding $5,000, and every month such persons shall remain in 
default shall be deemed a new offense and subject such persons 
to additional penalties therefor; and in addition to the 
penalties above described the [Secretary of Transportation] 
Secretary of the department in which the Coast Guard is 
operating and the Chief of Engineers may, upon refusal of the 
persons owning or controlling any such bridge and accessory 
works to comply with any lawful order issued by the [Secretary 
of Transportation] Secretary of the department in which the 
Coast Guard is operating or Chief of Engineers in regard 
thereto, cause the removal of such bridge and accessory works 
at the expense of the persons owning or controlling such 
bridge, and suit for such expense may be brought in the name of 
the United States against such persons, and recovery had for 
such expense in any court of competent jurisdiction; and the 
removal of any structures erected or maintained in violation of 
the provisions of this Act or the order or direction of the 
[Secretary of Transportation] Secretary of the department in 
which the Coast Guard is operating or Chief of Engineers made 
in pursuance thereof may be enforced by injunction, mandamus, 
or other summary process, upon application to the district 
court in the district in which such structure may, in whole or 
in part, exist, and proper proceedings to this end may be 
instituted under the direction of the Attorney General of the 
United States at the request of the [Secretary of 
Transportation] Secretary of the department in which the Coast 
Guard is operating; and in case of any litigation arising from 
any obstruction or alleged obstruction to navigation created by 
the construction of any bridge under this Act, the cause or 
question arising may be tried before the circuit court of the 
United States in any district which any portion of said 
obstruction or bridge touches.
  (b) Civil Penalties for Violation; Separate Offenses; Notice 
and Hearing; Assessment, Collection, and Remission; Civil 
Actions.--Whoever violates any provision of this Act, or any 
order issued under this Act, shall be liable to a civil penalty 
of not more than $5,000 for a violation occurring in 2004; 
$10,000 for a violation occurring in 2005; $15,000 for a 
violation occurring in 2006; $20,000 for a violation occurring 
in 2007; and $25,000 for a violation occurring in 2008 and any 
year thereafter. Each day a violation continues shall be deemed 
a separate offense. No penalty may be assessed under this 
subsection until the person charged is given notice and an 
opportunity for a hearing on the charge. The [Secretary of 
Transportation] Secretary of the department in which the Coast 
Guard is operating may assess and collect any civil penalty 
incurred under this subsection and, in his discretion, may 
remit, mitigate, or compromise any penalty until the matter is 
referred to the Attorney General. If a person against whom a 
civil penalty is assessed under this subsection fails to pay 
that penalty, an action may be commenced in the district court 
of the United States for any district in which the violation 
occurs for such penalty.

                            TRUMAN-HOBBS ACT


                             [54 Stat. 497]

SEC. 1. DEFINITIONS.

                            [33 U.S.C. 511]

When used in this Act, unless the context indicates otherwise--
  
The term ``alteration'' includes changes of any kind, 
reconstruction, or removal in whole or in part.
  
The term ``bridge'' means a lawful bridge over navigable waters 
of the United States, including approaches, tenders, and 
appurtenances thereto, which is used and operated for the 
purpose of carrying railroad traffic or both railroad and 
highway traffic, or if a State, county, municipality, or other 
political subdivision is the owner or joint owner thereof, 
which is used and operated for the purpose of carrying highway 
traffic.
  
The term ``bridge owner'' means any state, county, 
municipality, or other political subdivision, or any 
corporation, association, partnership, or individual owning, or 
jointly owning, any bridge, and, when any bridge shall be in 
the possession or under the control of any trustee, receiver, 
trustee in a case under title 11 of the United States Code, or 
lessee, such term shall include both the owner of the legal 
title and the person or the entity in possession or control of 
such bridge.
  
The term ``Secretary'' means the [Secretary of Transportation] 
Secretary of the department in which the Coast Guard is 
operating.
  
The term ``United States'', when used in a geographical sense, 
includes the Territories and possessions of the United States.

SEC. 3. NOTICE, [HEARINGS] MEETINGS, AND FINDINGS.

                            [33 U.S.C. 513]

  Whenever any bridge shall, in the opinion of the Secretary, 
at any time unreasonably obstruct such navigation, it shall be 
the duty of the Secretary, after notice to interested parties, 
to hold a [hearing] meeting at which the bridge owner, those 
interested in water navigation thereunder or therethrough, 
those interested in either railroad or highway traffic 
thereover, and any other party or parties in interest shall 
have full opportunity to offer [evidence] supporting data and 
be heard as to whether any alteration of such bridge is needed, 
and if so what alterations are needed, having due regard to the 
necessity of free and unobstructed water navigation and to the 
necessities of the rail or highway traffic. If, upon such 
[hearing] a meeting, the Secretary determines that any 
alterations of such bridge are necessary in order to render 
navigation through or under it reasonably free, easy, and 
unobstructed, having due regard also for the necessities of 
rail or highway traffic thereover he shall so find and shall 
issue and cause to be served upon interested parties an order 
requiring such alterations of such bridge as he finds to be 
reasonably necessary for the purposes of navigation.

SEC. 4. SUBMISSION AND APPROVAL OF GENERAL PLANS AND SPECIFICATIONS.

                            [33 U.S.C. 514]

  After the service of an order under this Act, it shall be the 
duty of the bridge owner to prepare and submit to the 
[Secretary of Transportation] Secretary of the department in 
which the Coast Guard is operating, within a reasonable time as 
prescribed by the Secretary, general plans and specifications 
to provide for the alteration of such bridge in accordance with 
such order, and for such additional alteration of such bridge 
as the bridge owner may desire to meet the necessities of 
railroad or highway traffic, or both. The Secretary may approve 
or reject such general plans and specifications, in whole or in 
part, and may require the submission of new or additional plans 
and specifications, but when the Secretary shall have approved 
general plans and specifications, they shall be final and 
binding upon all parties unless changes therein be afterward 
approved by the Secretary and the bridge owner.

SEC. 7. PAYMENT OF SHARE OF THE UNITED STATES.

                            [33 U.S.C. 517]

  Following service of the order requiring alteration of the 
bridge, the [Secretary of Transportation] Secretary of the 
department in which the Coast Guard is operating may make 
partial payments as the work progresses to the extent that 
funds have been appropriated. The total payments out of Federal 
funds shall not exceed the proportionate share of the United 
States of the total cost of the project paid or incurred by the 
bridge owner, and, if such total cost exceeds the cost 
guaranteed by the bridge owner, shall not exceed the 
proportionate share of the United States of such guaranteed 
cost, except that if the cost of the work exceeds the 
guaranteed cost by reason of emergencies, conditions beyond the 
control of the owner, or unforseen or undetermined conditions, 
the [Secretary of Transportation] Secretary of the department 
in which the Coast Guard is operating may, after full review of 
all the circumstances, provide for additional payments by the 
United States to help defray such excess cost to the extent he 
deems to be reasonable and proper, and shall certify such 
additional payments to the Secretary of the Treasury for 
payment. All payments to any bridge owner herein provided for 
shall be made by the Secretary of the Treasury through the 
Division of Disbursement upon certifications of the [Secretary 
of Transportation]  Secretary of the department in which the 
Coast Guard is operating.

SEC. 13. RELOCATION OF BRIDGES.

                            [33 U.S.C. 523]

  If the owner of any bridge and the Secretary shall agree that 
in order to remove an obstruction to navigation, or for any 
other purpose, a relocation of such bridge or the construction 
of a new bridge upon a new location would be preferable to an 
alteration of the existing bridge, such relocation or new 
construction may be carried out at such new site and upon such 
terms as may be acceptable to the bridge owner and the 
Secretary, and the cost of such relocation or new construction, 
including also any expense of changes in and additions to 
rights-of-way, stations, tracks, spurs, sidings, switches, 
signals, and other railroad facilities and property, and 
relocation of shippers required for railroad connection with 
the bridge at the new site, shall be apportioned as between the 
bridge owner and the United States in the manner which is 
provided for in section 6 hereof in the case of an alteration 
and the share of the United States paid from the appropriation 
authorized in section 8 hereof: Provided, That nothing in this 
section shall be construed as requiring the United States to 
pay any part of the expense of building any bridge across a 
navigable stream which the [Secretary of Transportation] 
Secretary of the department in which the Coast Guard is 
operating shall not find to be, in fact, a relocation of an 
existing bridge.

                       GENERAL BRIDGE ACT OF 1946


                        [33 U.S.C. 525 et seq.]

SEC. 502. CONSTRUCTION AND OPERATION OF BRIDGES.

[33 U.S.C. 525]

           *       *       *       *       *       *       *


  (b) Approval of Plans.--The location and plans for such 
bridges shall be approved by the [Secretary of Transportation] 
Secretary of the department in which the Coast Guard is 
operating before construction is commenced, and, in approving 
the location and plans of any bridge, the Secretary may impose 
any specific conditions relating to the maintenance and 
operation of the structure which the Secretary may deem 
necessary in the interest of public navigation, and the 
conditions so imposed shall have the force of law. This 
subsection shall not apply to any bridge over waters which are 
not subject to the ebb and flow of the tide and which are not 
used and are not susceptible to use in their natural condition 
or by reasonable improvement as a means to transport interstate 
or foreign commerce.

           *       *       *       *       *       *       *


SEC. 510. PENALTIES FOR VIOLATIONS.

                            [33 U.S.C. 533]

  (a) Criminal Penalties for Violations.--Any person who 
willfully fails or refuses to comply with any lawful order of 
the [Secretary of Transportation] Secretary of the department 
in which the Coast Guard is operating or the Chief of Engineers 
issued under the provisions of this title, or who willfully 
fails to comply with any specific condition imposed by the 
Chief of Engineers and the [Secretary of Transportation] 
Secretary of the department in which the Coast Guard is 
operating relating to the maintenance and operation of bridges, 
or who willfully refuses to produce books, papers, or documents 
in obedience to a subpena or other lawful requirement under 
this title, or who otherwise willfully violates any provisions 
of this title, shall, upon conviction thereof, be punished by a 
fine of not to exceed $5,000 or by imprisonment for not more 
than one year, or by both such fine and imprisonment.
  (b) Civil Penalties for Violations; Separate Offenses; Notice 
and Hearing; Assessment, Collection, and Remission; Civil 
Actions.--. Whoever violates any provision of this Act, or any 
order issued under this Act, shall be liable to a civil penalty 
of not more than $5,000 for a violation occurring in 2004; 
$10,000 for a violation occurring in 2005; $15,000 for a 
violation occurring in 2006; $20,000 for a violation occurring 
in 2007; and $25,000 for a violation occurring in 2008 and any 
year thereafter. Each day a violation continues shall be deemed 
a separate offense. No penalty may be assessed under this 
subsection until the person charged is given notice and an 
opportunity for a hearing on the charge. The [Secretary of 
Transportation] Secretary of the department in which the Coast 
Guard is operating may assess and collect any civil penalty 
incurred under this subsection and, in his discretion, may 
remit, mitigate, or compromise any penalty until the matter is 
referred to the Attorney General. If a person against whom a 
civil penalty is assessed under this subsection fails to pay 
that penalty, an action may be commenced in the district court 
of the United States for any district in which the violation 
occurs for such penalty.

                          ACT OF JULY 16, 1952


                             [54 Stat. 497]

SEC. 3. APPLICABILITY OF ADMINISTRATIVE PROCEDURE PROVISIONS.

                            [33 U.S.C. 524]

  In the administration of this Act, [hearings] meetings and 
other procedures shall be exempted from the provisions of the 
Administrative Procedure Act (60 Stat. 237), except as to the 
requirements of section 3 thereof.

               DINGELL-JOHNSON SPORT FISH RESTORATION ACT


                        [16 U.S.C. 777 et seq.]

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

                            [16 U.S.C. 777b]

  Restoration and Boating Trust Fund established by section 
9504(a) of the Internal Revenue Code of 1954 the amounts paid, 
transferred, or otherwise credited to that Trust Fund, except 
as provided in section 9504(c) of the Internal Revenue Code of 
1986. For purposes of the provision of the Act of August 31, 
1951, which refers to this section, such amounts shall be 
treated as the amounts that are equal to the revenues described 
in this section. The appropriation made under the provisions of 
this section for each fiscal year shall continue available 
during succeeding fiscal years. So much of such appropriation 
apportioned to any State for any fiscal year as remains 
unexpended at the close thereof is authorized to be made 
available for expenditure in that State until the close of the 
succeeding fiscal year. Any amount apportioned to any State 
under the provisions of this Act which is unexpended or 
unobligated at the end of the period during which it is 
available for expenditure on any project is authorized to be 
made available for expenditure by the Secretary of the Interior 
to supplement the [57 percent]  57.42 percent of the balance of 
each annual appropriation to be apportioned among the States, 
as provided for in section 4(c).

SEC. 4. DIVISION OF ANNUAL APPROPRIATIONS.

                            [16 U.S.C. 777c]

  (a) In General.--For each fiscal year through [2014 and for 
the period beginning on October 1, 2014, and ending on July 31, 
2015,]  2023 the balance of each annual appropriation made in 
accordance with the provisions of section 3 remaining after the 
distributions for administrative expenses and other purposes 
under subsection (b) and for multistate conservation grants 
under section 14 shall be distributed as follows:
          (1) Coastal wetlands.--An amount equal to [18.5 
        percent]  18.54 percent to the Secretary of the 
        Interior for distribution as provided in the Coastal 
        Wetlands Planning, Protection and Restoration Act (16 
        U.S.C. 3951 et seq.).
          (2) Boating safety.--An amount equal to [18.5 
        percent]  18.04 percent to the Secretary of the 
        department in which the Coast Guard is operating for 
        State recreational boating safety programs under 
        section 13107 of title 46, United States Code.
          (3) Clean vessel act.--An amount equal to 2.0 percent 
        to the Secretary of the Interior for qualified projects 
        under section 5604(c) of the Clean Vessel Act of 1992 
        (33 U.S.C. 1322 note). Not more than 25 percent of such 
        amount may be used for capital improvement and 
        infrastructure projects to support facilities that meet 
        State requirements for minimizing the introduction of 
        pollutants into the waterways.
          (4) Boating infrastructure.--An amount equal to 2.0 
        percent to the Secretary of the Interior for obligation 
        for qualified projects under section 7404(d) of the 
        Sportfishing and Boating Safety Act of 1998 (16 U.S.C. 
        777g-1(d)).
          (5) National outreach and communications.--An amount 
        equal to 2.0 percent to the Secretary of the Interior 
        for the National Outreach and Communications Program 
        under section 8(d) of this Act. Such amounts shall 
        remain available for 3 fiscal years, after which any 
        portion thereof that is unobligated by the Secretary 
        for that program may be expended by the Secretary under 
        subsection (c) of this section.
  (b) [Set-aside for Expenses for Administration of the 
Dingell-Johnson Sport Fish Restoration Act] Set-Asides.--
          (1) In general.--
                  (A) Set-aside for administration.--From the 
                annual appropriation made in accordance with 
                section 3, for each fiscal year ending before 
                October 1, [2014, and for the period beginning 
                on October 1, 2014, and ending on July 31, 
                2015,] 2023, the Secretary of the Interior may 
                use no more than the amount specified in 
                subparagraph (B) for the fiscal year for 
                expenses for administration incurred in the 
                implementation of this Act, in accordance with 
                this section and section 9. The amount 
                specified in subparagraph (B) for a fiscal year 
                may not be included in the amount of the annual 
                appropriation distributed under subsection (a) 
                for the fiscal year.
                  (B) Available amounts.--The available amount 
                referred to in subparagraph (A) is--
                          [(i) for each of fiscal years 2001 
                        and 2002, $9,000,000;
                          [(ii) for fiscal year 2003, 
                        $8,212,000; and
                          [(iii) for fiscal year 2004 and each 
                        fiscal year thereafter, the sum of--
                                  [(I) the available amount for 
                                the preceding fiscal year; and
                                  [(II) the amount determined 
                                by multiplying--
                                          [(aa) the available 
                                        amount for the 
                                        preceding fiscal year; 
                                        and
                                          [(bb) the change, 
                                        relative to the 
                                        preceding fiscal year, 
                                        in the Consumer Price 
                                        Index for All Urban 
                                        Consumers published by 
                                        the Department of 
                                        Labor.]
                          (i) for each of the fiscal years 2016 
                        through 2023, 1.8468 percent of total 
                        annual collections under this Act for 
                        such fiscal year; and
                          (ii) not withstanding clause (i), an 
                        amount that is less than or equal to 
                        $12,299,000.
                  (C) Set-aside for boating safety.--
                          (i) In general.--From the annual 
                        appropriation made in accordance with 
                        section 3, for each fiscal year through 
                        2023, the Secretary shall transfer to 
                        the Secretary of the department in 
                        which the Coast Guard is operating--
                                  (I)(aa) 0.3435 percent of 
                                total annual collections under 
                                this Act to pay the costs of 
                                investigations, personnel, and 
                                activities related to 
                                administering those programs 
                                under section 4(a)(2) (16 
                                U.S.C. 777c(a)(2)); and
                                  (bb) notwithstanding item 
                                (aa), an amount that is less 
                                than or equal to $2,300,000; 
                                and
                                  (II) $1,500,000 shall be made 
                                available for the National 
                                Recreational Boating Survey, 
                                that shall be available until 
                                expended and may be awarded as 
                                a contract or grant by the 
                                Secretary.
                          (ii) Limitation.--The amounts 
                        specified in clause (i) for a fiscal 
                        year may not be included in the amount 
                        of the annual appropriation distributed 
                        under subsection (a) of this section 
                        for the fiscal year.
          (2) Period of availability; apportionment of 
        unobligated amounts.--
                  (A) Period of availability.--For each fiscal 
                year, the available amount [under paragraph (1) 
                shall remain available for obligation for use 
                under that paragraph]  under paragraph (1)(B) 
                shall remain available for obligation for use 
                under paragraph (1)(A) until the end of the 
                fiscal year.
                  (B) Apportionment of unobligated amounts.--
                Not later than 60 days after the end of a 
                fiscal year, the Secretary of the Interior 
                shall apportion among the States any of the 
                available amount [under paragraph (1)]  under 
                paragraph (1)(B) that remains unobligated at 
                the end of the fiscal year, on the same basis 
                and in the same manner as other amounts made 
                available under this Act are apportioned among 
                the States under [subsection (e)]  subsection 
                (c) for the fiscal year.
  (c) Apportionment Among States.--The Secretary after the 
distribution, transfer, use and deduction under subsection (b), 
and after deducting amounts used for grants under section 14, 
shall apportion [57 percent]  57.42 percent of the balance of 
each such annual appropriation among the several States in the 
following manner: 40 percent in the ratio which the area of 
each State including coastal and Great Lakes waters (as 
determined by the Secretary of the Interior) bears to the total 
area of all the States, and 60 percent in the ratio which the 
number of persons holding paid licenses to fish for sport or 
recreation in the State in the second fiscal year preceding the 
fiscal year for which such apportionment is made, as certified 
to said Secretary by the State fish and game departments, bears 
to the number of such persons in all the States. Such 
apportionments shall be adjusted equitably so that no State 
shall receive less than 1 percent nor more than 5 percent of 
the total amount apportioned. Where the apportionment to any 
State under this section is less than $4,500 annually, the 
Secretary of the Interior may allocate not more than $4,500 of 
said appropriation to said State to carry out the purposes of 
this Act when said State certifies to the Secretary of the 
Interior that it has set aside not less than $1,500 from its 
fish-and-game funds or has made, through its legislature, an 
appropriation in this amount for said purposes.
  (d) Unallocated Funds.--[So much of any sum not allocated]  
Except as otherwise provided in this section, so much of any 
sum not allocated under the provisions of this section for any 
fiscal year is hereby authorized to be made available for 
expenditure to carry out the purposes of this Act until the 
close of the succeeding fiscal year. The term fiscal year as 
used in this section shall be a period of twelve consecutive 
months from October 1 through the succeeding September 30, 
except that the period for enumeration of persons holding 
licenses to fish shall be a State's fiscal or license year.
  (e) Expenses for Administration of Certain Programs.--
          (1) In general.--For each fiscal year, of the amounts 
        appropriated under section 3, the Secretary of the 
        Interior shall use only funds authorized for use under 
        paragraphs (1), (3), (4), and (5) of subsection (a) to 
        pay the expenses for administration incurred in 
        carrying out the provisions of law referred to in 
        [those subsections]  those paragraphs, respectively.
          [(2) Maximum amount.--For each fiscal year, the 
        Secretary of the Interior may use not more than 
        $900,000 in accordance with paragraph (1).]
          (2) Maximum amount.--For fiscal year 2016, the 
        Secretary of the Interior may use not more than 
        $1,200,000 in accordance with paragraph (1). For each 
        fiscal year thereafter, the maximum amount that the 
        Secretary of the Interior may use in accordance with 
        paragraph (1) shall be determined under paragraph (3).
          (3) Annual adjusted maximum amount.--The maximum 
        amount referred to in paragraph (2) for fiscal year 
        2016 and each fiscal year thereafter shall be the sum 
        of--
                  (A) the available maximum amount for the 
                preceding fiscal year; and
                  (B) the amount determined by multiplying--
                          (i) the available maximum amount for 
                        the preceding fiscal year; and
                          (ii) the change, relative to the 
                        preceding fiscal year, in the Consumer 
                        Price Index for All Urban Consumers 
                        published by the Department of Labor.
  (f) Transfer of Certain Funds.--Amounts available under 
paragraphs (3) and (4) of subsection (a) that are unobligated 
by the Secretary of the Interior after 3 fiscal years shall be 
transferred to the Secretary of the department in which the 
Coast Guard is operating and shall be expended for State 
recreational boating safety programs under section 13107(a) of 
title 46, United States Code.

SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR 
                    EXPENSES FOR ADMINISTRATION.

                            [16 U.S.C. 777h]

  (a) Authorized Expenses for Administration.--Except as 
provided in subsection (b), the Secretary of the Interior may 
use available amounts under [section 4(b)] section 4(b)(1)(B) 
only for expenses for administration that directly support the 
implementation of this Act that consist of--
          (1) personnel costs of employees who directly 
        administer this Act on a full-time basis;
          (2) personnel costs of employees who directly 
        administer this Act on a part-time basis for at least 
        20 hours each week, not to exceed the portion of those 
        costs incurred with respect to the work hours of the 
        employee during which the employee directly administers 
        this Act, as those hours are certified by the 
        supervisor of the employee;
          (3) support costs directly associated with personnel 
        costs authorized under paragraphs (1) and (2), 
        excluding costs associated with staffing and operation 
        of regional offices of the United States Fish and 
        Wildlife Service and the Department of the Interior 
        other than for the purposes of this Act;
          (4) costs of determining under section 6(a) whether 
        State comprehensive plans and projects are substantial 
        in character and design;
          (5) overhead costs, including the costs of general 
        administrative services, that are directly attributable 
        to administration of this Act and are based on--
                  (A) actual costs, as determined by a direct 
                cost allocation methodology approved by the 
                Director of the Office of Management and Budget 
                for use by Federal agencies; and
                  (B) in the case of costs that are not 
                determinable under subparagraph (A), an amount 
                per full-time equivalent employee authorized 
                under paragraphs (1) and (2) that does not 
                exceed the amount charged or assessed for costs 
                per full-time equivalent employee for any other 
                division or program of the United States Fish 
                and Wildlife Service;
          (6) costs incurred in auditing, every 5 years, the 
        wildlife and sport fish activities of each State fish 
        and game department and the use of funds under section 
        6 by each State fish and game department;
          (7) costs of audits under subsection (d);
          (8) costs of necessary training of Federal and State 
        full-time personnel who administer this Act to improve 
        administration of this Act;
          (9) costs of travel to States, territories, and 
        Canada by personnel who--
                  (A) administer this Act on a full-time basis 
                for purposes directly related to administration 
                of State programs or projects; or
                  (B) administer grants under section 6 or 14;
          (10) costs of travel outside the United States 
        (except travel to Canada), by personnel who administer 
        this Act on a full-time basis, for purposes that 
        directly relate to administration of this Act and that 
        are approved directly by the Assistant Secretary for 
        Fish and Wildlife and Parks;
          (11) relocation expenses for personnel who, after 
        relocation, will administer this Act on a full-time 
        basis for at least 1 year, as certified by the Director 
        of the United States Fish and Wildlife Service at the 
        time at which the relocation expenses are incurred; and
          (12) costs to audit, evaluate, approve, disapprove, 
        and advise concerning grants under sections 6 and 14.
  (b) Reporting of Other Uses.--
          (1) In general.--Subject to paragraph (2), if the 
        Secretary of the Interior determines that available 
        amounts under [section 4(b)] section 4(b)(1)(B) should 
        be used for an expense for administration other than an 
        expense for administration described in subsection (a), 
        the Secretary--
                  (A) shall submit to the Committee on 
                Environment and Public Works of the Senate and 
                the Committee on Resources of the House of 
                Representatives a report describing the expense 
                for administration and stating the amount of 
                the expense; and
                  (B) may use any such available amounts for 
                the expense for administration only after the 
                end of the 30-day period beginning on the date 
                of submission of the report under subparagraph 
                (A).
          (2) Maximum amount.--For any fiscal year, the 
        Secretary of the Interior may use under paragraph (1) 
        not more than $25,000.
  (c) Restriction on Use to Supplement General 
Appropriations.--The Secretary of the Interior shall not use 
available amounts under subsection (b) to supplement the 
funding of any function for which general appropriations are 
made for the United States Fish and Wildlife Service or any 
other entity of the Department of the Interior.
  (d) Audit Requirement.--
          (1) In general.--The Inspector General of the 
        Department of the Interior shall procure the 
        performance of biennial audits, in accordance with 
        generally accepted accounting principles, of 
        expenditures and obligations of amounts used by the 
        Secretary of the Interior for expenses for 
        administration incurred in implementation of this Act.
          (2) Auditor.--
                  (A) In general.--An audit under this 
                subsection shall be performed under a contract 
                that is awarded under competitive procedures 
                (as defined in section 4 of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 403)) 
                by a person or entity that is not associated in 
                any way with the Department of the Interior 
                (except by way of a contract for the 
                performance of an audit or other review).
                  (B) Supervision of auditor.--The auditor 
                selected under subparagraph (A) shall report 
                to, and be supervised by, the Inspector General 
                of the Department of the Interior, except that 
                the auditor shall submit a copy of the biennial 
                audit findings to the Secretary of the Interior 
                at the time at which the findings are submitted 
                to the Inspector General of the Department of 
                the Interior.
          (3) Report to congress.--The Inspector General of the 
        Department of the Interior shall promptly submit to the 
        Committee on Resources of the House of Representatives 
        and the Committee on Environment and Public Works of 
        the Senate--
                  (A) a report on the results of each audit 
                under this subsection; and
                  (B) a copy of each audit under this 
                subsection.

                    INTERNATIONAL BRIDGE ACT OF 1972


                             [86 Stat. 731]

SEC. 5. SECRETARY OF TRANSPORTATION'S APPROVAL; COMMENCEMENT AND 
                    COMPLETION REQUIREMENTS; EXTENSION OF TIME LIMITS.

                            [33 U.S.C. 535c]

  The approval of the [Secretary of Transportation]  Secretary 
of the department in which the Coast Guard is operating, as 
required by the first section of the Act of March 23, 1906 (33 
U.S.C. 491), shall be given only subsequent to the President's 
approval, as provided for in section 4 of this Act, and shall 
be null and void unless the construction of the bridge is 
commenced within two years and completed within five years from 
the date of the Secretary's approval: Provided, however, That 
the Secretary, for good cause shown, may extend for a 
reasonable time either or both of the time limits herein 
provided.

SEC. 8. OWNERSHIP.

                            [33 U.S.C. 535e]

  (a) Sale, Assignment, or Transfer; [Secretary of 
Transportation's] Approval.--Nothing in this Act shall be 
deemed to prevent the individual, corporation, or other entity 
to which, pursuant to this Act, authorization has been given to 
construct, operate, and maintain an international bridge and 
the approaches thereto, from selling, assigning, or 
transferring the rights, powers, and privileges conferred by 
this Act: Provided, That such sale, assignment, or transfer 
shall be subject to approval by the [Secretary of 
Transportation] Secretary of the department in which the Coast 
Guard is operating.
  (b) State Status of Original Applicant Upon Acquisition of 
Right, Title, and Interest After Termination of Private Entity 
Licenses, Contracts, or Orders.--Upon the acquisition by a 
State or States, or by a subdivision or instrumentality 
thereof, of the right, title, and interest of a private 
individual, corporation, or other private entity, in and to an 
international bridge, any license, contract, or order issued or 
entered into by the [Secretary of Transportation] Secretary of 
the department in which the Coast Guard is operating, to or 
with such private individual, corporation, or other private 
entity, shall be deemed terminated forthwith. Thereafter, the 
State, subdivision, of instrumentality so acquiring shall 
operate and maintain such bridge in the same manner as if it 
had been the original applicant[, and the provisions of section 
6 of this Act shall not apply].

[SEC. 11. REPORT OF SECRETARY OF TRANSPORTATION'S APPROVAL DURING 
                    FISCAL YEAR.

                            [33 U.S.C. 535h]

  [The Secretary of Transportation shall make a report of all 
approvals granted by him during the fiscal year pursuant to 
section 5 of this Act in each annual report of the activities 
of the Department required by section 11 of the Department of 
Transportation Act (49 U.S.C. 1658).]

        MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT


                        [16 U.S.C. 1801 et seq.]

SEC. 311. ENFORCEMENT.

           *       *       *       *       *       *       *


  (d) Jurisdiction of Courts.--The district courts of the 
United States shall have exclusive jurisdiction over any case 
or controversy arising under the provisions of this Act. [In 
the case of Guam or any possession of the United States in the 
Pacific Ocean, the appropriate court is the United States 
District Court for the District of Guam, except that in the 
case of American Samoa, the appropriate court is the United 
States District Court for the District of Hawaii, and except 
that in the case of the Northern Mariana Islands, the 
appropriate court is the United States District Court for the 
District of the Northern Mariana Islands.] In the case of 
Hawaii or any possession of the United States in the Pacific 
Ocean, the appropriate court is the United States District 
Court for the District of Hawaii, except that in the case of 
Guam and Wake Island, the appropriate court is the United 
States District Court for the District of Guam, and in the case 
of the Northern Mariana Islands, the appropriate court is the 
United States District Court for the District of the Northern 
Mariana Islands. Any such court may, at any time--
          (1) enter restraining orders or prohibitions;
          (2) issue warrants, process in rem, or other process;
          (3) prescribe and accept satisfactory bonds or other 
        security; and
          (4) take such other actions as are in the interest of 
        justice.

           *       *       *       *       *       *       *


       COASTAL WETLANDS PLANNING, PROTECTION AND RESTORATION ACT


                        [16 U.S.C. 3951 et seq.]

SEC. 303. PRIORITY LOUISIANA COASTAL WETLANDS RESTORATION PROJECTS.

[16 U.S.C. 3952]

           *       *       *       *       *       *       *


  (b) Federal and State Project Planning.--
          (1) Plan preparation.--The Task Force shall prepare a 
        plan to identify coastal wetlands restoration projects, 
        in order of priority, based on the cost-effectiveness 
        of such projects in creating, restoring, protecting, or 
        enhancing the long-term conservation of coastal 
        wetlands, taking into account the quality of such 
        coastal wetlands, with due allowance for small-scale 
        projects necessary to demonstrate the use of new 
        techniques or materials for coastal wetlands 
        restoration. Such restoration plan shall be completed 
        within three years from the date of enactment of this 
        title.
          (2) Purpose of the plan.--The purpose of the 
        restoration plan is to develop a comprehensive approach 
        to restore and prevent the loss of, coastal wetlands in 
        Louisiana. Such plan shall coordinate and integrate 
        coastal wetlands restoration projects in a manner that 
        will ensure the long-term conservation of the coastal 
        wetlands of Louisiana.
          (3) Integration of existing plans.--In developing the 
        restoration plan, the Task Force shall seek to 
        integrate the ``Louisiana Comprehensive Coastal 
        Wetlands Feasibility Study'' conducted by the Secretary 
        of the Army and the ``Coastal Wetlands Conservation and 
        Restoration Plan'' prepared by the State of Louisiana's 
        Wetlands Conservation and Restoration Task Force.
          (4) Elements of the plan.--The restoration plan 
        developed pursuant to this subsection shall include--
                  (A) identification of the entire area in the 
                State that contains coastal wetlands;
                  (B) identification, by map or other means, of 
                coastal areas in Louisiana in need of coastal 
                wetlands restoration projects;
                  (C) identification of high priority coastal 
                wetlands restoration projects in Louisiana 
                needed to address the areas identified in 
                subparagraph (B) and that would provide for the 
                long-term conservation of restored wetlands and 
                dependent fish and wildlife populations;
                  (D) a listing of such coastal wetlands 
                restoration projects, in order of priority, to 
                be submitted annually, incorporating any 
                project identified previously in lists produced 
                and submitted under subsection (a) of this 
                section;
                  (E) a detailed description of each proposed 
                coastal wetlands restoration project, including 
                a justification for including such project on 
                the list;
                  (F) the proposed activities to be carried out 
                pursuant to each coastal wetlands restoration 
                project;
                  (G) the benefits to be realized by each such 
                project;
                  (H) an estimated timetable for completion of 
                each coastal wetlands restoration project;
                  (I) an estimate of the cost of each coastal 
                wetlands restoration project;
                  (J) identification of a lead Task Force 
                member to undertake each proposed coastal 
                wetlands restoration project listed in the 
                plan;
                  (K) consultation with the public and 
                provision for public review during development 
                of the plan; and
                  (L) evaluation of the effectiveness of each 
                coastal wetlands restoration project in 
                achieving long-term solutions to arresting 
                coastal wetlands loss in Louisiana.
          (5) Plan modification.--The Task Force may modify the 
        restoration plan from time to time as necessary to 
        carry out the purposes of this section.
          (6) Plan submission.--Upon completion of the 
        restoration plan, the Secretary shall submit the plan 
        to the Congress. The restoration plan shall become 
        effective ninety days after the date of its submission 
        to the Congress.
          (7) Plan evaluation.--Not less than three years after 
        the completion and submission of the restoration plan 
        required by this subsection and at least every three 
        years thereafter, the Task Force shall provide a report 
        to the Congress containing a scientific evaluation of 
        the effectiveness of the coastal wetlands restoration 
        projects carried out under the plan in creating, 
        restoring, protecting and enhancing coastal wetlands 
        and improvements made to the quality of fish and 
        wildlife conditions in Louisiana.

           *       *       *       *       *       *       *


                        FISHERIES FINANCING ACT


                  [110 Stat. 3615; Public Law 104-297]

SEC. 302. PROHIBITION OF CERTAIN LOAN GUARANTEES.

[46 U.S.C. 53706 note]

           *       *       *       *       *       *       *


  (b)(2) No loans may be provided or guaranteed by the Federal 
Government for the construction or rebuilding of a vessel 
intended for use as a fishing vessel (as defined in section 
2101 of title 46, United States Code), if such vessel will be 
greater than 165 feet in registered length, of more than 750 
gross registered tons (as measured under chapter 145 of title 
46) or 1,900 gross registered tons as measured under chapter 
143 of that title), or have an engine or engines capable of 
producing a total of more than 3,000 shaft horsepower, after 
such construction or rebuilding is completed. This prohibition 
shall not apply to vessels to be used in the menhaden fishery 
[or in] in tuna purse seine fisheries outside the exclusive 
economic zone of the United States or the area of the South 
Pacific Regional Fisheries Treaty, in fisheries that are under 
the jurisdiction of the North Pacific Fishery Management 
Council and managed under a fishery management plan issued 
under the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.), or in the Pacific whiting fishery 
that is under the jurisdiction of the Pacific Fishery 
Management Council and managed under a fishery management plan 
issued under that Act.  Any fishing vessel operated in 
fisheries under the jurisdiction of the North Pacific Fishery 
Management Council and managed under a fishery management plan 
issued under the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.), or in the Pacific 
whiting fishery under the jurisdiction of the Pacific Fishery 
Management Council and managed under a fishery management plan 
issued under that Act, and that is replaced by a vessel that is 
constructed or rebuilt with a loan or loan guarantee provided 
by the Federal Government may not be used to harvest fish in 
any fishery under the jurisdiction of any Regional Fishery 
Management Council, other than a fishery under the jurisdiction 
of the North Pacific Fishery Management Council or the Pacific 
Fishery Management Council.

INTERNAL REVENUE CODE OF 1986

           *       *       *       *       *       *       *



Sec. 9504. Sport Fish Restoration and Boating Trust Fund

  (d) Limitation on Transfers to Trust Fund.--
          (1) In general.--Except as provided in paragraph (2), 
        no amount may be appropriated or paid to the Sport Fish 
        Restoration and Boating Trust Fund on and after the 
        date of any expenditure from such Trust Fund which is 
        not permitted by this section. The determination of 
        whether an expenditure is so permitted shall be made 
        without regard to--
                  (A) any provision of law which is not 
                contained or referenced in this title or in a 
                revenue Act, and
                  (B) whether such provision of law is a 
                subsequently enacted provision or directly or 
                indirectly seeks to waive the application of 
                this subsection.
          (2) Exception for prior obligations.--Paragraph (1) 
        shall not apply to any expenditure to liquidate any 
        contract entered into (or for any amount otherwise 
        obligated) before [August 1, 2015,] October 1, 2023, in 
        accordance with the provisions of this section.
  (e) Cross Reference.--For provision transferring motorboat 
fuels taxes to Sport Fish Restoration and Boating Trust Fund, 
see section 9503(c)(3).

                        OIL POLLUTION ACT OF 1990


                        [33 U.S.C. 2701 et seq.]

SEC. 7001. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.

                            [33 U.S.C. 2761]

  (a) Interagency Coordinating Committee on Oil Pollution 
Research.--
          (1) Establishment.--There is established an 
        Interagency Coordinating Committee on Oil Pollution 
        Research (hereinafter in this section referred to as 
        the ``Interagency Committee'').
          (2) Purposes.--The Interagency Committee shall 
        coordinate a comprehensive program of oil pollution 
        research, technology development, and demonstration 
        among the Federal agencies, in cooperation and 
        coordination with industry, universities, research 
        institutions, State governments, and other nations, as 
        appropriate, and shall foster cost-effective research 
        mechanisms, including the joint funding of research.
          (3) Membership.--The Interagency Committee shall 
        include representatives from the Coast Guard, the 
        Department of Commerce (including the National Oceanic 
        and Atmospheric Administration and the National 
        Institute of Standards and Technology), the Department 
        of Energy, the Department of the Interior (including 
        the [Minerals Management Service] Bureau of Safety and 
        Environmental Enforcement, the Bureau of Ocean Energy 
        Management, and the United States Fish and Wildlife 
        Service), the Department of Transportation (including 
        the Maritime Administration and the Pipeline and 
        Hazardous Materials Safety Administration), the 
        Department of Defense (including the Army Corps of 
        Engineers and the Navy), the Department of Homeland 
        Security (including the United States Fire 
        Administration in the Federal Emergency Management 
        Agency), the Environmental Protection Agency, the 
        National Aeronautics and Space Administration, the 
        United States Arctic Research Commission, and such 
        other Federal agencies the President may designate.
          (4) Chairman.--A representative of the Coast Guard 
        shall serve as Chairman.
          (5) Vice chairperson.--A representative of the 
        National Oceanic and Atmospheric Administration, a 
        representative of the Bureau of Safety and 
        Environmental Enforcement, and a representative of the 
        Environmental Protection Agency shall serve, on a 
        rotating basis, as vice chairperson of the Committee.
  (b) Oil Pollution Research and Technology Plan.--
          (1) Implementation plan.--Within 180 days after the 
        date of enactment of this Act, the Interagency 
        Committee shall submit to Congress a plan for the 
        implementation of the oil pollution research, 
        development, and demonstration program established 
        pursuant to subsection (c). The research plan shall--
                  (A) identify agency roles and 
                responsibilities;
                  (B) assess the current status of knowledge on 
                oil pollution prevention, response, and 
                mitigation technologies and effects of oil 
                pollution on the environment;
                  (C) identify significant oil pollution 
                research gaps including an assessment of major 
                technological deficiencies in responses to past 
                oil discharges;
                  (D) establish research priorities and goals 
                for oil pollution technology development 
                related to prevention, response, mitigation, 
                and environmental effects;
                  (E) estimate the resources needed to conduct 
                the oil pollution research and development 
                program established pursuant to subsection (c), 
                and timetables for completing research tasks; 
                and
                  (F) identify, in consultation with the 
                States, regional oil pollution research needs 
                and priorities for a coordinated, 
                multidisciplinary program of research at the 
                regional level.
          (2) Advice and guidance.--The Chairman, through the 
        [Department of Transportation] department in which the 
        Coast Guard is operating, shall contract with the 
        National Academy of Sciences to--
                  (A) provide advice and guidance in the 
                preparation and development of the research 
                plan; and
                  (B) assess the adequacy of the plan as 
                submitted, and submit a report to Congress on 
                the conclusions of such assessment.
          The National Institute of Standards and Technology 
        shall provide the Interagency Committee with advice and 
        guidance on issues relating to quality assurance and 
        standards measurements relating to its activities under 
        this section.
  (c) Oil Pollution Research and Development Program.--

           *       *       *       *       *       *       *

          (8) Regional research program.--
                  (A) Consistent with the research plan in 
                subsection (b), the Interagency Committee shall 
                coordinate a program of competitive grants to 
                universities or other research institutions, or 
                groups of universities or research 
                institutions, for the purposes of conducting a 
                coordinated research program related to the 
                regional aspects of oil pollution, such as 
                prevention, removal, mitigation, and the 
                effects of discharged oil on regional 
                environments. For the purposes of this 
                paragraph, a region means a Coast Guard 
                district as set out in part 3 of title 33, Code 
                of Federal Regulations [(1989)] (2010).

           *       *       *       *       *       *       *


                 COAST GUARD AUTHORIZATION ACT OF 1998


                            [112 Stat. 3411]

SEC. 409. COAST GUARD CITY, USA.

                          [14 U.S.C. 639 note]

  The Commandant of the Coast Guard may recognize the community 
of Grand Haven, Michigan, as ``Coast Guard City, USA''. If the 
Commandant desires to recognize any other community in the same 
manner or any other community requests such recognition from 
the Coast Guard, the Commandant shall notify the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives [90 days]  30 days prior to approving such 
recognition.

                    PRIBILOF ISLANDS TRANSITION ACT


                 [114 Stat. 2794; Public Law 106--562]

SEC. 105. TERMINATION OF RESPONSIBILITIES.

                         [16 U.S.C. 1161 note]

  (a) Future Obligation.--
          (1) In general.--[The Secretary] Notwithstanding 
        paragraph (2) and effective beginning on the date the 
        Secretary publishes the notice of certification 
        required by subsection (b)(5), the Secretary of 
        Commerce shall not be considered to have any obligation 
        to promote or otherwise provide for the development of 
        any form of an economy not dependent on sealing on the 
        Pribilof Islands, Alaska, including any obligation 
        under section 206 of the Fur Seal Act of 1966 (16 
        U.S.C. 1166) or section 3(c)(1)(A) of Public Law 104-91 
        (16 U.S.C. 1165 note).
          (2) Savings.--This subsection shall not affect any 
        cause of action under section 206 of the Fur Seal Act 
        of 1966 (16 U.S.C. 1166) or section 3(c)(1)(A) of 
        Public Law 104-91 (16 U.S.C. 1165 note)--
                  (A) that arose before the date of the 
                enactment of this title; and
                  (B) for which a judicial action is filed 
                before the expiration of the 5-year period 
                beginning on the date of the enactment of this 
                title.
          (3) Rule of construction.--Nothing in this title 
        shall be construed to imply that--
                  (A) any obligation to promote or otherwise 
                provide for the development in the Pribilof 
                Islands of any form of an economy not dependent 
                on sealing was or was not established by 
                section 206 of the Fur Seal Act of 1966 (16 
                U.S.C. 1166), section 3(c)(1)(A) of Public Law 
                104-91 (16 U.S.C. 1165 note), or any other 
                provision of law; or
                  (B) any cause of action could or could not 
                arise with respect to such an obligation.
          (4) [Omitted]
  (b) Property Conveyance and Cleanup.--
          (1) In general.--Subject to paragraph (2), there are 
        terminated all obligations of the Secretary of Commerce 
        and the United States to--
                  (A) convey property under [section 205 of the 
                Fur Seal Act of 1966 (16 U.S.C. 1165)] section 
                205(a) of the Fur Seal Act of 1966 (16 U.S.C. 
                1165(a)); and
                  (B) carry out cleanup activities, including 
                assessment, response, remediation, and 
                monitoring, except for postremedial measures 
                such as monitoring and operation and 
                maintenance activities, related to National 
                Oceanic and Atmospheric Administration 
                administration of the Pribilof Islands, Alaska, 
                under section 3 of Public Law 104-91 (16 U.S.C. 
                1165 note) and the Pribilof Islands 
                Environmental Restoration Agreement between the 
                National Oceanic and Atmospheric Administration 
                and the State of Alaska, signed January 26, 
                1996.
          (2) Application.--Paragraph (1) shall apply on and 
        after the date on which the Secretary of Commerce 
        certifies that--
                  (A) the State of Alaska has provided written 
                confirmation that no further corrective action 
                is required at the sites and operable units 
                covered by the Pribilof Islands Environmental 
                Restoration Agreement between the National 
                Oceanic and Atmospheric Administration and the 
                State of Alaska, signed January 26, 1996, with 
                the exception of postremedial measures, such as 
                monitoring and operation and maintenance 
                activities;
                  (B) the cleanup required under section 3(a) 
                of Public Law 104-91 (16 U.S.C. 1165 note) is 
                complete;
                  (C) the properties specified in the document 
                referred to in subsection (a) of section 205 of 
                the Fur Seal Act of 1966 (16 U.S.C. 1165(a)) 
                can be unconditionally offered for conveyance 
                under that section; and
                  (D) all amounts appropriated under section 
                206(c)(1) of the Fur Seal Act of 1966, as 
                amended by this title, have been obligated.
          (3) Financial contributions for cleanup costs.--
                  (A) On and after the date on which section 
                3(b)(5) of Public Law 104-91 (16 U.S.C. 1165 
                note) is repealed pursuant to subsection (c), 
                the Secretary of Commerce may not seek or 
                require financial contribution by or from any 
                local governmental entity of the Pribilof 
                Islands, any official of such an entity, or the 
                owner of land on the Pribilof Islands, for 
                cleanup costs incurred pursuant to section 3(a) 
                of Public Law 104-91 (as in effect before such 
                repeal), except as provided in subparagraph 
                (B).
                  (B) Subparagraph (A) shall not limit the 
                authority of the Secretary of Commerce to seek 
                or require financial contribution from any 
                person for costs or fees to clean up any matter 
                that was caused or contributed to by such 
                person on or after March 15, 2000.
          (4) Certain reserved rights not conditions.--For 
        purposes of paragraph (2)(C), the following 
        requirements shall not be considered to be conditions 
        on conveyance of property:
                  (A) Any requirement that a potential 
                transferee must allow the National Oceanic and 
                Atmospheric Administration continued access to 
                the property to conduct environmental 
                monitoring following remediation activities.
                  (B) Any requirement that a potential 
                transferee must allow the National Oceanic and 
                Atmospheric Administration access to the 
                property to continue the operation, and 
                eventual closure, of treatment facilities.
                  (C) Any requirement that a potential 
                transferee must comply with institutional 
                controls to ensure that an environmental 
                cleanup remains protective of human health or 
                the environment that do not unreasonably affect 
                the use of the property.
                  (D) Valid existing rights in the property, 
                including rights granted by contract, permit, 
                right-of-way, or easement.
                  (E) The terms of the documents described in 
                subsection (d)(2).
          (5) Notice of certification.--The Secretary shall 
        promptly publish and submit to the Committee on Natural 
        Resources of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate notice that the certification described in 
        paragraph (2) has been made.
  (c) Repeals.--Effective on the date on which the Secretary of 
Commerce [makes the certification described in subsection 
(b)(2)] publishes the notice of certification required by 
subsection (b)(5), the following provisions are repealed:
          (1) [Section 205] Subsections (a), (b), (c), and (d) 
        of section 205 of the Fur Seal Act of 1966 (16 U.S.C. 
        1165).
          (2) Section 3 of Public Law 104-91 (16 U.S.C. 1165 
        note).
  (d) Savings.--
          (1) In general.--Nothing in this title shall affect 
        any obligation of the Secretary of Commerce, or of any 
        Federal department or agency, under or with respect to 
        any document described in paragraph (2) or with respect 
        to any lands subject to such a document.
          (2) Documents described.--The documents referred to 
        in paragraph (1) are the following:
                  (A) The Transfer of Property on the Pribilof 
                Islands: Description, Terms, and Conditions, 
                dated February 10, 1984, between the Secretary 
                of Commerce and various Pribilof Island 
                entities.
                  (B) The Settlement Agreement between 
                Tanadgusix Corporation and the City of St. 
                Paul, dated January 11, 1988, and approved by 
                the Secretary of Commerce on February 23, 1988.
                  (C) The Memorandum of Understanding between 
                Tanadgusix Corporation, Tanaq Corporation, and 
                the Secretary of Commerce, dated December 22, 
                1976.
  (e) Notifications.--
          (1) In general.--Not later than 30 days after the 
        Secretary of Commerce makes a determination under 
        subsection (f) that land on St. Paul Island, Alaska, 
        not specified for transfer in the document entitled 
        ``Transfer of Property on the Pribilof Islands: 
        Descriptions, Terms and Conditions'' or section 709(a) 
        of the Coast Guard Authorization Act of 2015, are in 
        excess of the needs of the Secretary and the Federal 
        Government, the Secretary shall notify the Alaska 
        Native Village Corporation for St. Paul Island of the 
        determination.
          (2) Election to receive.--Not later than 60 days 
        after the date receipt of the notification of the 
        Secretary under paragraph (1), the Village Corporation 
        for St. Paul Island shall notify the Secretary in 
        writing whether the Village Corporation elects to 
        receive all right, title and interest in the land or a 
        portion of the land.
          (3) Transfer.--If the Village Corporation provides 
        notice under paragraph (2) that the Village Corporation 
        elects to receive all right, title and interest in the 
        land or a portion of the land, the Secretary shall 
        transfer all right, title, and interest in the land or 
        portion to the Village Corporation at no cost.
          (4) Other disposition.--If the Village Corporation 
        does not provide notice under paragraph (2) that the 
        Village Corporation elects to receive all right, title 
        and interest in the land or a portion of the land, the 
        Secretary may dispose of the land in accordance with 
        other applicable law.
  (f) Determination.--
          (1) In general.--Not later than 2 years after the 
        date of enactment of this subsection and not less than 
        once every 5 years thereafter, the Secretary of 
        Commerce shall determine whether property located on 
        St. Paul Island and not transferred to the Natives of 
        the Pribilof Islands is in excess of the smallest 
        practicable tract enclosing land--
                  (A) needed by the Secretary for the purposes 
                of carrying out the Fur Seal Act of 1966 (16 
                U.S.C. 1151 et seq.);
                  (B) in the case of land withdrawn by the 
                Secretary on behalf of other Federal agencies, 
                needed for carrying out the missions of those 
                agencies for which land was withdrawn; or
                  (C) actually used by the Federal Government 
                in connection with the administration of any 
                Federal installation on St. Paul Island.
          (2) Report of determination.--When a determination is 
        made under paragraph (1), the Secretary shall report 
        the determination to--
                  (A) the Committee on Natural Resources of the 
                House of Representatives;
                  (B) the Committee on Commerce, Science and 
                Transportation of the Senate; and
                  (C) the Alaska Native Village Corporation for 
                St. Paul Island.
  [(e)](g) Definitions.--
          (1) In general.--Except as provided in paragraph (2), 
        the definitions set forth in section 101 of the Fur 
        Seal Act of 1966 (16 U.S.C. 1151) shall apply to this 
        section.
          (2) Natives of the pribilof islands.--For purposes of 
        this section, the term ``Natives of the Pribilof 
        Islands'' includes the Tanadgusix Corporation, the St. 
        George Tanaq Corporation, and the city governments and 
        tribal councils of St. Paul and St. George, Alaska.

          COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006


                  [120 Stat. 516; Public Law 109--241]

SEC. 421. DISTANT WATER TUNA FLEET.

[46 U.S.C. 8103 note]

           *       *       *       *       *       *       *


  (d) Reports.--[On March 1, 2007, and annually thereafter] Not 
later than July 1 of each year, until the date of expiration of 
this section, the Coast Guard and the National Marine Fisheries 
Service shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committees on 
Transportation and Infrastructure and Resources of the House of 
Representatives, providing the following information on the 
United States purse seine fleet referred to in subsection (a):
          (1) The number and identity of vessels in the fleet 
        using foreign citizens to meet manning requirements 
        pursuant to this section and any marine casualties 
        involving such vessel.
          (2) The number of vessels in the fishery under United 
        States flag as of January 1 of the year in which the 
        report is submitted, the percentage ownership or 
        control of such vessels by non-United States citizens, 
        and the nationality of such ownership or control.
          (3) Description of any transfers or sales of United 
        States flag vessels in the previous calendar year, and 
        the disposition of such vessel, including whether the 
        vessel was scrapped or sold, and, if sold, the 
        nationality of the new owner and location of any 
        fishery to which the vessel will be transferred.
          (4) Landings of tuna by vessels under flag in the 2 
        previous calendar years, including an assessment of 
        landing trends, and a description of landing 
        percentages and totals--
                  (A) delivered to American Samoa and any other 
                port in a State or territory of the United 
                States; and
                  (B) delivered to ports outside of a State or 
                territory of the United States, including the 
                identity of the port.
          (5) An evaluation of capacity and trends in the purse 
        seine fleet fishing in the area covered by the South 
        Pacific Regional Fisheries Treaty, and any transfer of 
        capacity from such fleet or area to other fisheries, 
        including those governed under the Western and Central 
        Pacific Fisheries Convention and the Inter-American 
        Tropical Tuna Convention.

SEC. 603. LIMITS ON LIABILITY.

[33 U.S.C. 2704 note]

           *       *       *       *       *       *       *


  (c) Report on Liability Limits.--
          (1) Initial report.--Not later than 45 days after the 
        date of enactment of this Act, the Secretary of the 
        department in which the Coast Guard is operating shall 
        submit a report on liability limits described in 
        paragraph (2) to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
          (2) Contents.--The report shall include, at a 
        minimum, the following:
                  (A) An analysis of the extent to which oil 
                discharges from vessels and nonvessel sources 
                have or are likely to result in removal costs 
                and damages (as defined in section 1001 of the 
                Oil Pollution Act of 1990 (33 U.S.C. 2701)) for 
                which no defense to liability exists under 
                section 1003 of such Act and that exceed the 
                liability limits established in section 1004 of 
                such Act, as amended by this section.
                  (B) An analysis of the impacts that claims 
                against the Oil Spill Liability Trust Fund for 
                amounts exceeding such liability limits will 
                have on the Fund.
                  (C) Based on analyses under this paragraph 
                and taking into account other factors impacting 
                the Fund, recommendations on whether the 
                liability limits need to be adjusted in order 
                to prevent the principal of the Fund from 
                declining to levels that are likely to be 
                insufficient to cover expected claims.
          (3) Annual updates.--The Secretary shall provide an 
        update of the report to the Committees referred to in 
        paragraph (1) [on an annual basis] not later than 
        January 30 of the year following each year in which an 
        oil discharge from a vessel or nonvessel source that 
        results or is likely to result in removal costs and 
        damages (as those terms are defined in section 1001 of 
        the Oil Pollution Act of 1990 (33 U.S.C. 2701)) that 
        exceed liability limits established under section 1004 
        of the Oil Pollution Act of 1990 (33 U.S.C. 2704).

                 COAST GUARD AUTHORIZATION ACT OF 2010


                 [Public Law 111--281; 124 Stat. 2986]

SEC. 710. HIGHER VOLUME PORT AREA REGULATORY DEFINITION CHANGE.

  [(a) In General.--Within 1 year after the date of enactment 
of this Act, the Commandant shall initiate a rulemaking 
proceeding to modify the definition of the term ``higher volume 
port area'' in section 155.1020 of the Coast Guard regulations 
(33 C.F.R. 155.1020) by striking ``Port Angeles, WA'' in 
paragraph (13) of that section and inserting ``Cape Flattery, 
WA''.]
  (a) Higher Volume Ports.--
          (1) In general.--Notwithstanding any other provision 
        of law, the requirements of subparts D, F, and G of 
        part 155 of title 33, Code of Federal Regulations, that 
        apply to the higher volume port area for the Strait of 
        Juan de Fuca at Port Angeles, Washington (including any 
        water area within 50 nautical miles seaward), to and 
        including Puget Sound, shall be deemed to apply, in the 
        same manner, and to the same extent, to the Strait of 
        Juan de Fuca at Cape Flattery, Washington (including 
        any water area within 50 nautical miles seaward), to 
        and including Puget Sound.
          (2) Effective date.--This subsection shall take 
        effect on the date of the enactment of the Coast Guard 
        Authorization Act of 2015.
  (b) Vessel Response Plan Reviews.--Within 5 years after the 
date of enactment of this Act, the Coast Guard shall complete 
its review of any changes to vessel response plans under the 
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) 
resulting from [the modification of the higher volume port area 
definition required by subsection (a)] higher volume port 
requirements made applicable under subsection (a).

SEC. 825. INTERNATIONAL PORT AND FACILITY INSPECTION COORDINATION.

                          [6 U.S.C. 945 note]

  (a) Coordination.--The Secretary of [the department in which 
the Coast Guard is operating] Homeland Security shall, to the 
extent practicable, conduct the assessments required by the 
following provisions of law concurrently, or develop a process 
by which [they are integrated and conducted by the Coast Guard] 
the assessments are coordinated between the Coast Guard and 
Customs and Border Protection:
          (1) Section 205 of the SAFE Port Act (6 U.S.C. 945).
          (2) Section 213 of that Act (6 U.S.C. 964).
          (3) Section 70108 of title 46, United States Code.
  (b) Limitation.--Nothing in subsection (a) shall be construed 
to affect or diminish the Secretary's authority or discretion--
          (1) to conduct an assessment of a foreign port at any 
        time;
          (2) to compel the Secretary to conduct an assessment 
        of a foreign port so as to ensure that 2 or more 
        assessments are conducted concurrently; or
          (3) to cancel an assessment of a foreign port if the 
        Secretary is unable to conduct 2 or more assessments 
        concurrently.
  (c) Multiple Assessment Report.--The Secretary shall provide 
written notice to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committees on 
Transportation and Infrastructure and Homeland Security of the 
House of Representatives whenever the Secretary conducts 2 or 
more assessments of the same port within a 3-year period.

  PIPELINE SAFETY, REGULATORY CERTAINTY, AND JOB CREATION ACT OF 2011


                  [126 Stat. 1574; Public Law 112--90]

SEC. 9. ADMINISTRATIVE.

                         [49 U.S.C. 60117 note]

  (a) Revision of Regulations.--Not later than 18 months after 
the date of enactment of this Act, the Secretary of 
Transportation shall revise regulations issued under sections 
191.5 and 195.52 of title 49, Code of Federal Regulations, to 
establish specific time limits for telephonic or electronic 
notice of accidents and incidents involving pipeline facilities 
to the Secretary and the National Response Center.
  (b) Minimum Requirements.--In revising the regulations, the 
Secretary, at a minimum, shall--
          (1) establish time limits for telephonic or 
        electronic notification of an accident or incident to 
        require such notification at the earliest practicable 
        moment following confirmed discovery of an accident or 
        incident and not later than 1 hour following the time 
        of such confirmed discovery;
          (2) review procedures for owners and operators of 
        pipeline facilities and the National Response Center to 
        provide thorough and coordinated notification to all 
        relevant State and local emergency response officials, 
        including 911 emergency call centers, for the 
        jurisdictions in which those pipeline facilities are 
        located in the event of an accident or incident, and 
        revise such procedures as appropriate; and
          (3) require such owners and operators to revise their 
        initial telephonic or electronic notice to the 
        Secretary and the National Response Center with an 
        estimate of the amount of the product released, an 
        estimate of the number of fatalities and injuries, if 
        any, and any other information determined appropriate 
        by the Secretary within 48 hours of the accident or 
        incident, to the extent practicable.
  [(c) Updating of Reports.--After receiving revisions 
described in subsection (b)(3), the National Response Center 
shall update the initial report on an accident or incident 
instead of generating a new report.]\2\
---------------------------------------------------------------------------
    \2\Subsection (c) of section 9 of the Pipeline Safety, Regulatory 
Certainty, and Job Creation Act of 2011 (49 U.S.C. 60117 note) shall be 
deemed not to have been enacted.
---------------------------------------------------------------------------

          COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2012


                            [126 Stat. 1540]

SEC. 222. COAST GUARD POLAR ICEBREAKERS.

                            [126 Stat. 1560]

  [(a) In General.--The Secretary of the department in which 
the Coast Guard is operating shall conduct a business case 
analysis of the options for and costs of reactivating and 
extending the service life of the Polar Sea until at least 
September 30, 2022, to maintain United States polar icebreaking 
capabilities and fulfill the Coast Guard's high latitude 
mission needs, as identified in the Coast Guard's July 2010, 
High Latitude Study Mission Analysis Report, during the Coast 
Guard's recapitalization of its polar class icebreaker fleet. 
The analysis shall include--
          [(1) an assessment of the current condition of the 
        Polar Sea;
          [(2) a determination of the Polar Sea's operational 
        capabilities with respect to fulfilling the Coast 
        Guard's high latitude operating requirements if 
        renovated and reactivated;
          [(3) a detailed estimate of costs with respect to 
        reactivating and extending the service life of the 
        Polar Sea;
          [(4) a life cycle cost estimate with respect to 
        operating and maintaining the Polar Sea for the 
        duration of its extended service life; and
          [(5) a determination of whether it is cost-effective 
        to reactivate the Polar Sea compared with other options 
        to provide icebreaking services as part of a strategy 
        to maintain polar icebreaking services.]
  (a) In General.--Not later than 1 year after the date of the 
enactment of the Coast Guard Authorization Act of 2015, the 
Secretary of the department in which the Coast Guard is 
operating shall--
          (1) complete a materiel condition assessment with 
        respect to the Polar Sea;
          (2) make a determination whether it is cost effective 
        to reactivate the Polar Sea when compared with other 
        options to provide icebreaking services as part of a 
        strategy to maintain polar icebreaking services; and
          (3) submit to the Committee on Transportation and 
        Infrastructure of the House of Representative and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate--
                  (A) the assessment required under paragraph 
                (1); and
                  (B) written notification of the determination 
                required under paragraph (2).
  (b) Restrictions.--The Secretary shall not remove any part of 
the Polar Sea until the Secretary submits the [analysis] 
written notification required under subsection (a).
  [(c) Deadline.--Not later than 270 days after the date of 
enactment of this Act, 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 analysis required under 
subsection (a).]
  [(d)](c) Requirement for Reactivation of Polar Sea.--
          (1) Service life extension plan.--
                  (A) In general.--If the Secretary determines 
                [based on the analysis required] under 
                subsection (a) that it is cost-effective to 
                reactivate the Polar Sea compared with other 
                options to provide icebreaking services, the 
                Secretary shall develop a service life 
                extension plan for such reactivation, including 
                a timetable for such reactivation.
                  (B) Utilization of existing resources.--In 
                the development of the plan required under 
                subparagraph (A), the Secretary shall utilize 
                to the greatest extent practicable recent 
                plans, studies, assessments, and analyses 
                regarding the Coast Guard's icebreakers and 
                high latitude mission needs and operating 
                requirements.
                  (C) Submission.--The Secretary shall submit 
                the plan required under subparagraph (A), if so 
                required, to the Committee on Transportation 
                and Infrastructure of the House of 
                Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate not 
                later than 180 days after the submission of the 
                [analysis]  written notification required under 
                subsection (a).
          [(2) Decommissioning.--If the analysis required under 
        subsection (a) is submitted in accordance with 
        subsection (c) and the Secretary determines under 
        subsection (a)(5) that it is not cost-effective to 
        reactivate the Polar Sea, then not later than 180 days 
        after the date on which the analysis is required to be 
        submitted under subsection (c) the Commandant of the 
        Coast Guard may decommission the Polar Sea.]
          (2) Decommissioning.--If the Secretary makes a 
        determination under subsection (a) that it is not cost 
        effective to reactivate the Polar Sea, then, not later 
        than 180 days after written notification of that 
        determination is submitted under that subsection, the 
        Commandant of the Coast Guard may decommission the 
        Polar Sea.
          (3) Result of no determination.--If in the analysis 
        submitted under this section the Secretary does not 
        make a determination under subsection (a)(5) regarding 
        whether it is cost effective to reactivate the Polar 
        sea, then--
                  (A) the Commandant of the Coast Guard may 
                decommission the Polar Sea; or
                  (B) the Secretary may make such 
                determination, not later than 90 days after the 
                date of the enactment of Howard Coble Coast 
                Guard and Maritime Transportation Act of 2014, 
                and take actions in accordance with this 
                subsection as though such determination was 
                made in the analysis previously submitted.
  [(e)](d) Strategies.--
          (1) In general.--Not later than 180 days after the 
        date on which the analysis required under subsection 
        (a) is submitted, the Commandant of the Coast Guard 
        shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate--
                  (A) unless the Secretary makes a 
                determination under this section that it is 
                cost effective to reactivate the Polar Sea, a 
                bridging strategy for maintaining the Coast 
                Guard's polar icebreaking services until at 
                least September 30, 2024;
                  (B) a strategy to meet the Coast Guard's 
                Arctic ice operations needs through September 
                30, 2050; and
                  (C) a strategy to meet the Coast Guard's 
                Antarctic ice operations needs through 
                September 30, 2050
          (2) Requirement.--The strategies required under 
        paragraph (1) shall include a business case analysis 
        comparing the leasing and purchasing of icebreakers to 
        maintain the needs and services described in that 
        paragraph.
  [(f)](e) Restriction.--Except as provided [in subsection (d)] 
in subsection (c), the Commandant of the Coast Guard may not--
          (1) transfer, relinquish ownership of, dismantle, or 
        recycle the Polar Sea or Polar Star;
          (2) change the current homeport of either of the 
        vessels; or
          (3) expend any funds--
                  (A) for any expenses directly or indirectly 
                associated with the decommissioning of either 
                of the vessels, including expenses for dock use 
                or other goods and services;
                  (B) for any personnel expenses directly or 
                indirectly associated with the decommissioning 
                of either of the vessels, including expenses 
                for a decommissioning officer;
                  (C) for any expenses associated with a 
                decommissioning ceremony for either of the 
                vessels;
                  (D) to appoint a decommissioning officer to 
                be affiliated with either of the vessels; or
                  (E) to place either of the vessels in 
                inactive status.
  [(g)](f) Definition.--For purposes of this section--
          (1) the term ``Polar Sea'' means Coast Guard Cutter 
        Polar Sea (WAGB 11); and
          (2) the term ``Polar Star'' means Coast Guard Cutter 
        Polar Star (WAGB 10).
  [(h)](g) Repeal.--This section shall cease to have effect on 
September 30, 2022.

    HOWARD COBLE COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2014


                 [128 Stat. 3022; Public Law 113--281]

[SEC. 610. SAFE VESSEL OPERATION IN THUNDER BAY] SEC. 610. SAFE VESSEL 
                    OPERATION IN THE GREAT LAKES.

                            [128 Stat. 3064]

  The Secretary of the department in which the Coast Guard is 
operating and the Administrator of the Environmental Protection 
Agency may not prohibit a vessel operating within the [existing 
boundaries and any future expanded boundaries of the Thunder 
Bay National Marine Sanctuary and Underwater Preserve] 
boundaries of any National Marine Sanctuary that preserves 
shipwrecks or maritime heritage in the Great Lakes from taking 
up or discharging ballast water to allow for safe and efficient 
vessel operation if the uptake or discharge meets all Federal 
and State ballast water management requirements that would 
apply if the area were not a marine sanctuary, unless the 
designation documents for such Sanctuary do not allow taking up 
or discharging ballast water in such Sanctuary.

SEC. 611. PARKING FACILITIES.

                            [128 Stat. 3064]

  (a) Allocation and Assignment.--
          (1) In general.--Subject to the requirements of this 
        section, the Administrator of General Services, in 
        coordination with the Commandant of the Coast Guard, 
        shall allocate and assign the spaces in parking 
        facilities at the Department of Homeland Security St. 
        Elizabeths Campus to allow any member or employee of 
        the Coast Guard, who is assigned to the Campus, to use 
        such spaces[.] at no cost to the Coast Guard, its 
        members, or employees.
          (2) Timing.--In carrying out paragraph (1), and in 
        addition to the parking spaces allocated and assigned 
        to Coast Guard members and employees in fiscal year 
        2014, the Administrator shall allocate and assign not 
        less than--
                  (A) 300 parking spaces not later than 
                September 30, 2015;
                  (B) 700 parking spaces not later than 
                September 30, 2016; and
                  (C) 1,042 parking spaces not later than 
                September 30, 2017.
  (b) Transportation Management Report.--Not later than 1 year 
after the date of the enactment of this Act, and each fiscal 
year thereafter in which spaces are allocated and assigned 
under subsection (a)(2), the Administrator 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 report on--
          (1) the impact of assigning and allocating parking 
        spaces under subsection (a) on the congestion of roads 
        connecting the St. Elizabeths Campus to the portions of 
        Suitland Parkway and I-295 located in the Anacostia 
        section of the District of Columbia; and
          (2) progress made toward completion of essential 
        transportation improvements identified in the 
        Transportation Management Program for the St. 
        Elizabeths Campus.
  (c) Reallocation.--Notwithstanding subsection (a), the 
Administrator may revise the allocation and assignment of 
spaces to members and employees of the Coast Guard made under 
subsection (a) as necessary to accommodate employees of the 
Department of Homeland Security, other than the Coast Guard, 
when such employees are assigned to the St. Elizabeths Campus.

                                  [all]