[House Report 116-172]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-172
======================================================================
COAST GUARD AUTHORIZATION ACT OF 2019
_______
July 23, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 3409]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3409) to authorize appropriations
for the Coast Guard, and for other purposes, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 52
Background and Need for Legislation.............................. 52
Hearings......................................................... 58
Legislative History and Consideration............................ 59
Committee Votes.................................................. 61
Committee Oversight Findings..................................... 61
New Budget Authority and Tax Expenditures........................ 62
Congressional Budget Office Cost Estimate........................ 62
Performance Goals and Objectives................................. 62
Duplication of Federal Programs.................................. 62
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 62
Federal Mandates Statement....................................... 62
Preemption Clarification......................................... 63
Advisory Committee Statement..................................... 63
Applicability to Legislative Branch.............................. 63
Section-by-Section Analysis of the Legislation................... 63
Changes in Existing Law Made by the Bill, as Reported............ 76
Committee Correspondence......................................... 312
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization Act of
2019''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATIONS
Sec. 101. Authorizations of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II--COAST GUARD
Sec. 201. Grade on retirement.
Sec. 202. Congressional affairs; Director.
Sec. 203. Limitations on claims.
Sec. 204. Authority for officers to opt out of promotion board
consideration.
Sec. 205. Temporary promotion authority for officers in certain grades
with critical skills.
Sec. 206. Career intermission program.
Sec. 207. Major acquisitions; operation and sustainment costs.
Sec. 208. Employment assistance.
Sec. 209. Reports on gender diversity in the Coast Guard.
Sec. 210. Disposition of infrastructure related to E-LORAN.
Sec. 211. Positions of importance and responsibility.
Sec. 212. Coast Guard pay; continuation.
Sec. 213. Research projects; transactions other than contracts and
grants.
Sec. 214. Acquisition workforce authorities.
Sec. 215. Coast Guard Housing Fund.
Sec. 216. Report on Coast Guard defense readiness resources allocation.
Sec. 217. Report on the feasibility of liquefied natural gas fueled
vessels.
TITLE III--SHIPPING
Sec. 301. Electronic charts; equivalency.
Sec. 302. Passenger vessel security and safety requirements;
application.
Sec. 303. Non-operating individual.
Sec. 304. Small passenger vessels and uninspected passenger vessels.
Sec. 305. Installation vessels.
Sec. 306. Advisory committees.
Sec. 307. Expired maritime liens.
Sec. 308. Offshore navigation.
Sec. 309. Training; emergency response providers.
Sec. 310. Aiming a laser pointer at a vessel.
Sec. 311. Maritime transportation assessment.
Sec. 312. Safety of special activities.
Sec. 313. Engine cut-off switches; use requirement.
Sec. 314. Exemptions and equivalents.
Sec. 315. Abandoned seafarers fund.
Sec. 316. Ice patrol; payments.
Sec. 317. Security plans; reviews.
Sec. 318. Waiver of navigation and vessel inspection laws.
Sec. 319. Requirement for small shipyard grantees.
Sec. 320. Independent study on the United States Merchant Marine
Academy.
Sec. 321. Centers of excellence for domestic maritime workforce
training and education.
Sec. 322. Renewal of merchant mariner licenses and documents.
TITLE IV--MISCELLANEOUS
Sec. 401. Coastwise trade.
Sec. 402. Unmanned maritime systems.
Sec. 403. Expedited transfer in cases of sexual assault; dependents of
members of the Coast Guard.
Sec. 404. Towing vessels; operation outside the boundary line.
Sec. 405. Coast Guard authorities study.
Sec. 406. Cloud computing strategy.
Sec. 407. Report on effects of climate change on Coast Guard.
Sec. 408. Shore infrastructure.
Sec. 409. Physical access control system report.
Sec. 410. Coastwise endorsements.
Sec. 411. Polar security cutter acquisition report.
Sec. 412. Sense of the Congress on the need for a new Great Lakes
icebreaker.
Sec. 413. Cargo preference study.
Sec. 414. Insider Threat program.
Sec. 415. Fishing safety grants.
Sec. 416. Plans for demonstration programs.
Sec. 417. Waters deemed not navigable waters of the United States for
certain purposes.
Sec. 418. Coast Guard housing; status and authorities briefing.
Sec. 419. Conveyance of Coast Guard property at Point Spencer, Alaska.
Sec. 420. Prohibition.
Sec. 421. Certificate extensions.
Sec. 422. Homeland security rotational cybersecurity research program
at the Coast Guard Academy.
Sec. 423. Towing vessel inspection fees.
Sec. 424. Subrogated claims.
Sec. 425. Loan provisions under Oil Pollution Act of 1990.
Sec. 426. Liability limits.
Sec. 427. Report on drug interdiction in the Caribbean basin.
Sec. 428. Voting Requirement.
TITLE V--REORGANIZATION
Sec. 501. Uninspected commercial fishing industry vessels.
Sec. 502. Transfers.
Sec. 503. Repeals.
TITLE VI--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 601. Maritime transportation system.
Sec. 602. References to ``persons'' and ``seamen''.
Sec. 603. Common appropriation structure.
Sec. 604. References to ``himself'' and ``his''.
Sec. 605. References to ``motorboats'' and ``yachts''.
Sec. 606. Miscellaneous technical corrections.
Sec. 607. Technical corrections relating to codification of Ports and
Waterways Safety Act.
TITLE VII--FEDERAL MARITIME COMMISSION
Sec. 701. Short title.
Sec. 702. Authorization of appropriations.
TITLE VIII--COAST GUARD ACADEMY IMPROVEMENT ACT
Sec. 801. Short title.
Sec. 802. Coast Guard Academy study.
Sec. 803. Annual report.
Sec. 804. Assessment of Coast Guard Academy admission processes.
Sec. 805. Coast Guard Academy minority outreach team program.
Sec. 806. Coast Guard college student pre-commissioning initiative.
Sec. 807. Annual board of visitors.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATIONS OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking ``year
2019'' and inserting ``years 2020 and 2021'';
(2) in paragraph (1)(A), by striking ``provided for,
$7,914,195,000 for fiscal year 2019.'' and inserting ``provided
for--
``(i) $8,122,912,000 for fiscal year 2020; and
``(ii) $8,538,324,000 for fiscal year 2021.'';
(3) in paragraph (1)(B), by striking ``subparagraph (A)--''
and inserting ``subparagraph (A)(i), $17,035,000 shall be for
environmental compliance and restoration.'';
(4) by striking paragraphs (1)(B)(i) and (1)(B)(ii);
(5) in paragraph (1), by adding at the end the following:
``(C) Of the amount authorized under subparagraph (A)(ii)
$17,376,000 shall be for environmental compliance and
restoration.'';
(6) in paragraph (2)--
(A) by striking ``For the procurement'' and inserting
``(A) For the procurement'';
(B) by striking ``and equipment, $2,694,745,000 for
fiscal year 2019.'' and inserting ``and equipment--
``(i) $2,748,640,000 for fiscal year 2020; and
``(ii) $2,803,613,000 for fiscal year 2021.''; and
(C) by adding at the end the following:
``(B) Of the amounts authorized under subparagraph (A), the
following amounts shall be for the alteration of bridges:
``(i) $10,000,000 for fiscal year 2020; and
``(ii) $20,000,000 for fiscal year 2021.'';
(7) in paragraph (3), by striking ``and equipment,
$29,141,000 for fiscal year 2019.'' and inserting ``and
equipment--
``(A) $13,834,000 for fiscal year 2020; and
``(B) $14,111,000 for fiscal year 2021.''; and
(8) by adding at the end the following:
``(4) For the Coast Guard's Medicare-eligible retiree health
care fund contribution to the Department of Defense--
``(A) $205,107,000 for fiscal year 2020; and
``(B) $209,209,000 for fiscal year 2021.''.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a), by striking ``43,000 for fiscal year
2018 and 44,500 for fiscal year 2019'' and inserting ``44,500
for each of fiscal years 2020 and 2021''; and
(2) in subsection (b), by striking ``fiscal years 2018 and
2019'' and inserting ``fiscal years 2020 and 2021''.
TITLE II--COAST GUARD
SEC. 201. GRADE ON RETIREMENT.
(a) Commandant or Vice Commandant.--Section 303 of title 14, United
States Code, is amended--
(1) in subsections (a) and (b), by striking ``A'' each place
it appears and inserting ``Subject to section 2501, a''; and
(2) in subsection (c), by striking ``An'' and inserting
``Subject to section 2501, an''.
(b) Other Officers.--Section 306 of title 14, United States Code, is
amended--
(1) by striking ``An officer'' each place it appears and
inserting ``Subject to section 2501, an officer''; and
(2) in subsection (c), by striking ``his'' and inserting
``the officer's''.
(c) Commissioned or Warrant Officer.--Section 2501 of title 14,
United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Any'' and inserting ``Commissioned
Officer.--
``(1) In general.--Any'';
(B) by striking ``him'' and inserting ``such
officer'';
(C) by striking ``his'' and inserting ``the
officer's''; and
(D) by adding at the end the following:
``(2) Conditional determination.--When an officer is under
investigation for alleged misconduct at the time of retirement,
the Secretary may conditionally determine the highest grade of
satisfactory service of the officer pending completion of the
investigation. Such grade is subject to resolution under
subsection (c)(2).'';
(2) in subsection (b)--
(A) by striking ``Any'' and inserting ``Warrant
Officer.--Any'';
(B) by striking ``him'' and inserting ``such warrant
officer''; and
(C) by striking ``his'' and inserting ``the warrant
officer's''; and
(3) by adding at the end the following:
``(c) Retirement in Next Lower Grade.--
``(1) Misconduct in lower grade.--In the case of an officer
whom the Secretary determines committed misconduct in a lower
grade, the Secretary may determine the officer has not served
satisfactorily in any grade equal to or higher than that lower
grade.
``(2) Conditional determination.--A determination of the
retired grade of an officer shall be resolved following a
conditional determination under subsection (a)(2) or (b)(2) if
the investigation of or personnel action against the officer or
warrant officer, as applicable, results in adverse findings.
``(3) Retired pay; recalculation.--If the retired grade of an
officer is reduced, the retired pay of the officer under
chapter 71 of title 10 shall be recalculated, and any
modification of the retired pay of the officer shall go into
effect on the effective date of the reduction in retired grade.
``(d) Finality of Retired Grade Determinations.--
``(1) Administrative finality.--Except as otherwise provided
by law, a determination of the retired grade of an officer
pursuant to this section is administratively final on the day
the officer is retired, and may not be reopened.
``(2) Reopening determination.--A determination of the
retired grade of an officer may be reopened as follows:
``(A) If the retirement or retired grade of the
officer was procured by fraud.
``(B) If substantial evidence comes to light after
the retirement that could have led to a lower retired
grade under this section if known by competent
authority at the time of retirement.
``(C) If a mistake of law or calculation was made in
the determination of the retired grade.
``(D) In the case of a retired grade following a
conditional determination under subsection (a)(2) or
(b)(2), if the investigation of or personnel action
against the officer, as applicable, results in an
adverse finding.
``(E) If the Secretary determines, pursuant to
regulations prescribed by the Secretary, that good
cause exists to reopen the determination or
certification.
``(3) Notification of reopening.--If a determination or
certification of the retired grade of an officer is reopened,
the Secretary--
``(A) shall notify the officer of the reopening; and
``(B) may not make an adverse determination on the
retired grade of the officer until the officer has had
a reasonable opportunity to respond regarding the basis
of the reopening.
``(4) Retired pay; recalculation.--If the retired grade of an
officer is reduced through the reopening of the officer's or
warrant officer's retired grade, the retired pay of the officer
under chapter 71 of title 10 shall be recalculated, and any
modification of the retired pay of the officer shall go into
effect on the effective date of the reduction of the officer's
retired grade.''.
SEC. 202. CONGRESSIONAL AFFAIRS; DIRECTOR.
(a) In General.--Chapter 3 of title 14, United States Code, as
amended by this Act, is further amended by adding at the end the
following:
``Sec. 320. Congressional affairs; Director
``The Commandant of the Coast Guard shall appoint a Director of
Congressional Affairs from among officers of the Coast Guard who are in
a grade above captain.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 14,
United States Code, as amended by this Act, is further amended by
adding at the end the following:
``320. Congressional affairs; Director.''.
SEC. 203. LIMITATIONS ON CLAIMS.
(a) Admiralty Claims.--Section 937 of title 14, United States Code,
is amended in subsection (a) by striking ``$100,000'' and inserting
``$425,000''.
(b) Claims for Damage to Property of the United States.--Section 938
of title 14, United States Code, is amended by striking ``$100,000''
and inserting ``$425,000''.
SEC. 204. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD
CONSIDERATION.
(a) Eligibility of Officers for Consideration for Promotion.--Section
2113 of title 14, United States Code, is amended by adding at the end
the following:
``(g)(1) Notwithstanding subsection (a), the Commandant may provide
that an officer may, upon the officer's request and with the approval
of the Commandant, be excluded from consideration by a selection board
convened under section 2106(a).
``(2) The Commandant shall approve a request under paragraph (1) only
if--
``(A) the basis for the request is to allow the officer to
complete a broadening assignment, advanced education, another
assignment of significant value to the Coast Guard, a career
progression requirement delayed by the assignment or education,
or a qualifying personal or professional circumstance, as
determined by the Commandant;
``(B) the Commandant determines the exclusion from
consideration is in the best interest of the Coast Guard; and
``(C) the officer has not previously failed of selection for
promotion to the grade for which the officer requests the
exclusion from consideration.''.
(b) Eligibility of Reserve Officer for Promotion.--Section 3743 of
title 14, United States Code, is amended to read as follows:
``Sec. 3743. Eligibility for promotion
``(a) In General.--Except as provided in subsection (b), a Reserve
officer is eligible for consideration for promotion and for promotion
under this subchapter, if that officer is in an active status.
``(b) Exception.--A Reserve officer who has been considered but not
recommended for retention in an active status by a board convened under
subsection 3752(a) of this title, is not eligible for consideration for
promotion.
``(c) Request for Exclusion.--
``(1) In general.--The Commandant may provide that an officer
may, upon the officer's request and with the approval of the
Commandant, be excluded from consideration by a selection board
convened under section 3740(b) of this title to consider
officers for promotion to the next higher grade.
``(2) Approval of request.--The Commandant shall approve a
request under paragraph (1) only if--
``(A) the basis for the request is to allow an
officer to complete a broadening assignment, advanced
education, another assignment of significant value to
the Coast Guard, a career progression requirement
delayed by the assignment or education, or a qualifying
personal or professional circumstance, as determined by
the Commandant;
``(B) the Commandant determines the exclusion from
consideration is in the best interest of the Coast
Guard; and
``(C) the officer has not previously failed of
selection for promotion to the grade for which the
officer requests the exclusion from consideration.''.
SEC. 205. TEMPORARY PROMOTION AUTHORITY FOR OFFICERS IN CERTAIN GRADES
WITH CRITICAL SKILLS.
(a) In General.--Subchapter I of Chapter 21 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 2130. Promotion to certain grades for officers with critical
skills: captain, commander, lieutenant commander,
lieutenant
``(a) In General.--An officer in the grade of lieutenant (junior
grade), lieutenant, lieutenant commander, or commander, who is
described in subsection (b) may be temporarily promoted to the grade of
lieutenant, lieutenant commander, commander, or captain under
regulations prescribed by the Secretary. Appointments under this
section shall be made by the President, by and with the advice and
consent of the Senate.
``(b) Covered Officers.--An officer described in this subsection is
any officer in a grade specified in subsection (a) who--
``(1) has a skill in which the Coast Guard has a critical
shortage of personnel (as determined by the Secretary); and
``(2) is serving in a position (as determined by the
Secretary) that--
``(A) is designated to be held by a lieutenant,
lieutenant commander, commander, or captain; and
``(B) requires that an officer serving in such
position have the skill possessed by such officer.
``(c) Preservation of Position and Status of Officers Appointed.--
``(1) The temporary positions authorized under this section
shall not be counted among or included in the list of positions
on the active duty promotion list.
``(2) An appointment under this section does not change the
position on the active-duty list or the permanent,
probationary, or acting status of the officer so appointed,
prejudice the officer in regard to other promotions or
appointments, or abridge the rights or benefits of the officer.
``(d) Board Recommendation Required.--A temporary promotion under
this section may be made only upon the recommendation of a board of
officers convened by the Secretary for the purpose of recommending
officers for such promotions.
``(e) Acceptance and Effective Date of Appointment.--Each appointment
under this section, unless expressly declined, is, without formal
acceptance, regarded as accepted on the date such appointment is made,
and a member so appointed is entitled to the pay and allowances of the
grade of the temporary promotion under this section beginning on the
date the appointment is made.
``(f) Termination of Appointment.--Unless sooner terminated, an
appointment under this section terminates--
``(1) on the date the officer who received the appointment is
promoted to the permanent grade of lieutenant, lieutenant
commander, commander, or captain;
``(2) on the date the officer is detached from a position
described in subsection (b)(2), unless the officer is on a
promotion list to the permanent grade of lieutenant, lieutenant
commander, commander, or captain, in which case the appointment
terminates on the date the officer is promoted to that grade;
or
``(3) when the appointment officer determines that the
officer who received the appointment has engaged in misconduct
or has displayed substandard performance.
``(g) Limitation on Number of Eligible Positions.--An appointment
under this section may only be made for service in a position
designated by the Secretary for the purposes of this section. The
number of positions so designated may not exceed the following
percentages of the respective grades:
``(1) As lieutenant, 0.5 percent.
``(2) As lieutenant commander, 3.0 percent.
``(3) As commander, 2.6 percent.
``(4) As captain, 2.6 percent.''.
(b) Clerical Amendment.--The analysis for such subchapter is amended
by adding at the end the following:
``2130. Promotion to certain grades for officers with critical skills:
captain, commander, lieutenant commander, lieutenant.''.
SEC. 206. CAREER INTERMISSION PROGRAM.
(a) In General.--Subchapter I of chapter 25 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 2514. Career flexibility to enhance retention of members
``(a) Programs Authorized.--The Commandant may carry out a program
under which members of the Coast Guard may be inactivated from active
service in order to meet personal or professional needs and returned to
active service at the end of such period of inactivation from active
service.
``(b) Period of Inactivation From Active Service; Effect of
Inactivation.--
``(1) In general.--The period of inactivation from active
service under a program under this section of a member
participating in the program shall be such period as the
Commandant shall specify in the agreement of the member under
subsection (c), except that such period may not exceed three
years.
``(2) Exclusion from years of service.--Any service by a
Reserve officer while participating in a program under this
section shall be excluded from computation of the total years
of service of that officer pursuant to section 14706(a) of
title 10.
``(3) Exclusion from retirement.--Any period of participation
of a member in a program under this section shall not count
toward--
``(A) eligibility for retirement or transfer to the
Ready Reserve under either chapter 571 or 1223 of title
10; or
``(B) computation of retired or retainer pay under
chapter 71 or 1223 of title 10.
``(c) Agreement.--Each member of the Coast Guard who participates in
a program under this section shall enter into a written agreement with
the Commandant under which that member shall agree as follows:
``(1) To accept an appointment or enlist, as applicable, and
serve in the Coast Guard Ready Reserve during the period of the
inactivation of the member from active service under the
program.
``(2) To undergo during the period of the inactivation of the
member from active service under the program such inactive
service training as the Commandant shall require in order to
ensure that the member retains proficiency, at a level
determined by the Commandant to be sufficient, in the military
skills, professional qualifications, and physical readiness of
the member during the inactivation of the member from active
service.
``(3) Following completion of the period of the inactivation
of the member from active service under the program, to serve
two months as a member of the Coast Guard on active service for
each month of the period of the inactivation of the member from
active service under the program.
``(d) Conditions of Release.--The Commandant shall prescribe
regulations specifying the guidelines regarding the conditions of
release that must be considered and addressed in the agreement required
by subsection (c). At a minimum, the Commandant shall prescribe the
procedures and standards to be used to instruct a member on the
obligations to be assumed by the member under paragraph (2) of such
subsection while the member is released from active service.
``(e) Order to Active Service.--Under regulations prescribed by the
Commandant, a member of the Coast Guard participating in a program
under this section may, in the discretion of the Commandant, be
required to terminate participation in the program and be ordered to
active service.
``(f) Pay and Allowances.--
``(1) Basic pay.--During each month of participation in a
program under this section, a member who participates in the
program shall be paid basic pay in an amount equal to two-
thirtieths of the amount of monthly basic pay to which the
member would otherwise be entitled under section 204 of title
37 as a member of the uniformed services on active service in
the grade and years of service of the member when the member
commences participation in the program.
``(2) Special or incentive pay or bonus.--
``(A) Prohibition.--A member who participates in such
a program shall not, while participating in the
program, be paid any special or incentive pay or bonus
to which the member is otherwise entitled under an
agreement under chapter 5 of title 37 or section 1925
of this title that is in force when the member
commences participation in the program.
``(B) Not treated as failure to perform services.--
The inactivation from active service of a member
participating in a program shall not be treated as a
failure of the member to perform any period of service
required of the member in connection with an agreement
for a special or incentive pay or bonus under chapter 5
of title 37 that is in force when the member commences
participation in the program.
``(3) Return to active service.--
``(A) Special or incentive pay or bonus.--Subject to
subparagraph (B), upon the return of a member to active
service after completion by the member of participation
in a program--
``(i) any agreement entered into by the
member under chapter 5 of title 37 for the
payment of a special or incentive pay or bonus
that was in force when the member commenced
participation in the program shall be revived,
with the term of such agreement after revival
being the period of the agreement remaining to
run when the member commenced participation in
the program; and
``(ii) any special or incentive pay or bonus
shall be payable to the member in accordance
with the terms of the agreement concerned for
the term specified in clause (i).
``(B) Limitation.--
``(i) In general.--Subparagraph (A) shall not
apply to any special or incentive pay or bonus
otherwise covered by that subparagraph with
respect to a member if, at the time of the
return of the member to active service as
described in that subparagraph--
``(I) such pay or bonus is no longer
authorized by law; or
``(II) the member does not satisfy
eligibility criteria for such pay or
bonus as in effect at the time of the
return of the member to active service.
``(ii) Pay or bonus ceases being
authorized.--Subparagraph (A) shall cease to
apply to any special or incentive pay or bonus
otherwise covered by that subparagraph with
respect to a member if, during the term of the
revived agreement of the member under
subparagraph (A)(i), such pay or bonus ceases
being authorized by law.
``(C) Repayment.--A member who is ineligible for
payment of a special or incentive pay or bonus
otherwise covered by this paragraph by reason of
subparagraph (B)(i)(II) shall be subject to the
requirements for repayment of such pay or bonus in
accordance with the terms of the applicable agreement
of the member under chapter 5 of title 37.
``(D) Required service is additional.--Any service
required of a member under an agreement covered by this
paragraph after the member returns to active service as
described in subparagraph (A) shall be in addition to
any service required of the member under an agreement
under subsection (c).
``(4) Travel and transportation allowance.--
``(A) In general.--Subject to subparagraph (B), a
member who participates in a program is entitled, while
participating in the program, to the travel and
transportation allowances authorized by section 474 of
title 37 for--
``(i) travel performed from the residence of
the member, at the time of release from active
service to participate in the program, to the
location in the United States designated by the
member as the member's residence during the
period of participation in the program; and
``(ii) travel performed to the residence of
the member upon return to active service at the
end of the participation of the member in the
program.
``(B) Single residence.--An allowance is payable
under this paragraph only with respect to travel of a
member to and from a single residence.
``(5) Leave balance.--A member who participates in a program
is entitled to carry forward the leave balance existing as of
the day on which the member begins participation and
accumulated in accordance with section 701 of title 10, but not
to exceed 60 days.
``(g) Promotion.--
``(1) Officers.--
``(A) In general.--An officer participating in a
program under this section shall not, while
participating in the program, be eligible for
consideration for promotion under chapter 21 or 37 of
this title.
``(B) Return to service.--Upon the return of an
officer to active service after completion by the
officer of participation in a program--
``(i) the Commandant may adjust the date of
rank of the officer in such manner as the
Commandant shall prescribe in regulations for
purposes of this section; and
``(ii) the officer shall be eligible for
consideration for promotion when officers of
the same competitive category, grade, and
seniority are eligible for consideration for
promotion.
``(2) Enlisted members.--An enlisted member participating in
a program shall not be eligible for consideration for
advancement during the period that--
``(A) begins on the date of the inactivation of the
member from active service under the program; and
``(B) ends at such time after the return of the
member to active service under the program that the
member is treatable as eligible for promotion by reason
of time in grade and such other requirements as the
Commandant shall prescribe in regulations for purposes
of the program.
``(h) Continued Entitlements.--A member participating in a program
under this section shall, while participating in the program, be
treated as a member of the Armed Forces on active duty for a period of
more than 30 days for purposes of--
``(1) the entitlement of the member and of the dependents of
the member to medical and dental care under the provisions of
chapter 55 of this title; and
``(2) retirement or separation for physical disability under
the provisions of chapter 61 of title 10 and chapters 21 and 23
of this title.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
inserting after the item relating to section 2513 the following:
``2514. Career flexibility to enhance retention of members.''.
SEC. 207. MAJOR ACQUISITIONS; OPERATION AND SUSTAINMENT COSTS.
Section 5103(e)(3) of title 14, United States Code, is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D) respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) operate and sustain the cutters and aircraft
described under paragraph (2);''.
SEC. 208. EMPLOYMENT ASSISTANCE.
(a) In General.--Subchapter I of chapter 27 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 2713. Employment assistance
``(a) In General.--In order to improve the accuracy and completeness
of a certification or verification of job skills and experience
required by section 1143(a)(1) of title 10, the Secretary shall--
``(1) establish a database to record all training performed
by members of the Coast Guard that may have application to
employment in the civilian sector; and
``(2) make unclassified information regarding such
information available to States and other potential employers
referred to in section 1143(c) of title 10 so that State and
other entities may allow military training to satisfy licensing
or certification requirements to engage in a civilian
profession.
``(b) Form of Certification or Verification.--The Secretary shall
ensure that a certification or verification of job skills and
experience required by section 1143(a)(1) of title 10 is rendered in
such a way that States and other potential employers can confirm the
accuracy and authenticity of the certification or verification.
``(c) Requests by States.--A State may request that the Secretary
confirm the accuracy and authenticity of a certification or
verification of jobs skills and experience provided under section
1143(c) of title 10.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
inserting after the item relating to section 2712 the following:
``2713. Employment assistance.''.
SEC. 209. REPORTS ON GENDER DIVERSITY IN THE COAST GUARD.
(a) Action Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commandant of the Coast Guard
shall--
(A) determine which recommendations in the RAND
gender diversity report can practicably be implemented
to promote gender diversity in the Coast Guard; and
(B) submit a report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the actions the
Coast Guard has taken or plans to take to implement
such recommendations.
(2) Definition.--In this subsection, the term ``RAND
diversity report'' means the RAND Corporation's Homeland
Security Operational Analysis Center 2019 report entitled
``Improving Gender Diversity in the U.S. Coast Guard:
Identifying Barriers to Female Retention''.
(b) Recurring Report.--Chapter 51 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 5109. Report on gender diversity in the Coast Guard
``(a) In General.--Not later than January 15, 2022, and biennially
thereafter, the Commandant shall submit a report on gender diversity in
the Coast Guard to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
``(b) Contents.--The report required under subsection (a) shall
contain the following:
``(1) Gender diversity overview.--An overview of Coast Guard
active duty and Reserve members, including the number of
officers and enlisted members and the percentages of men and
women in each.
``(2) Recruitment and retention.--(A) An analysis of the
changes in the recruitment and retention of women over the
previous two years.
``(B) A discussion of any changes to Coast Guard recruitment
and retention over the previous two years that were aimed at
increasing the recruitment and retention of female members.
``(3) Parental leave.--(A) The number of men and women who
took parental leave during each year covered by the report,
including the average length of such leave periods.
``(B) A discussion of the ways in which the Coast Guard
worked to mitigate the impacts of parental leave on Coast Guard
operations and on the careers of the members taking such leave.
``(4) Limitations.--An analysis of current gender-based
limitations on Coast Guard career opportunities, including
discussion of--
``(A) shipboard opportunities;
``(B) opportunities to serve at remote units; and
``(C) any other limitations on the opportunities of
female members.
``(5) Progress update.--An update on the Coast Guard's
progress on the implementation of the action plan required
under section 209 of the Coast Guard Authorization Act of
2019.''.
(c) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following:
``5109. Report on gender diversity in the Coast Guard.''.
SEC. 210. DISPOSITION OF INFRASTRUCTURE RELATED TO E-LORAN.
Section 914 of title 14, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``date'' and inserting ``later of the
date of the conveyance of the properties directed under
section 533(a) of the Coast Guard Authorization Act of
2016 (Public Law 114-120) or the date''; and
(B) by striking ``determination by the Secretary''
and inserting ``determination by the Secretary of
Transportation under section 312(d) of title 49''; and
(2) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Availability of proceeds.--The proceeds of such sales,
less the costs of sale incurred by the General Services
Administration, shall be deposited into the Coast Guard Housing
Fund and, without further appropriation, shall be available
until expended for uses authorized under section 2946 of this
title.''.
SEC. 211. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.
Section 2103(c)(3) of title 14, United States Code, is amended by
striking ``rear admiral (lower half)'' and inserting ``vice admiral''.
SEC. 212. COAST GUARD PAY; CONTINUATION.
(a) Short Title.--This section may be cited as the ``Pay Our Coast
Guard Parity Act of 2019''.
(b) Findings.--The Congress makes the following findings:
(1) The Coast Guard is a military service and a branch of the
Armed Forces of the United States at all times regardless of
whether it operates as a service in the Department of Homeland
Security or as a service in the Navy.
(2) Notwithstanding respective appropriations and except as
otherwise provided in law, members of the Coast Guard should
receive treatment equitable to that of other members of the
Armed Forces with regard to pay and benefits.
(c) Coast Guard Pay; Continuation.--
(1) In general.--Chapter 27 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 2780. Pay; continuation during lapse in appropriations
``(a) In General.--In the case of any period in which there is a
Coast Guard-specific funding lapse, there are appropriated such sums as
may be necessary--
``(1) to provide pay and allowances to military members of
the Coast Guard, including the reserve component thereof, who
perform active service or inactive-duty training during such
period;
``(2) to provide pay and benefits to qualified civilian
employees of the Coast Guard;
``(3) to provide pay and benefits to qualified contract
employees of the Coast Guard;
``(4) to provide for--
``(A) the payment of a death gratuity under sections
1475 through 1477 and 1489 of title 10, with respect to
members of the Coast Guard;
``(B) the payment or reimbursement of authorized
funeral travel and travel related to the dignified
transfer of remains and unit memorial services under
section 481f of title 37, with respect to members of
the Coast Guard; and
``(C) the temporary continuation of a basic allowance
of housing for dependents of members of the Coast Guard
dying on active duty, as authorized by section 403(l)
of title 37; and
``(5) to provide for Coast Guard retired pay, including the
payment of obligations otherwise chargeable to lapsed
appropriations for this purpose, payments under the Retired
Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay
under section 356 of title 37, concurrent receipts, combat-
related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of
title 10.
``(b) Coast Guard-Specific Funding Lapse.--For purposes of this
section, a Coast Guard-specific funding lapse occurs in any case in
which--
``(1) a general appropriation bill providing appropriations
for the Coast Guard for a fiscal year is not enacted before the
beginning of such fiscal year (and no joint resolution making
continuing appropriations for the Coast Guard is in effect);
and
``(2) a general appropriation bill providing appropriations
for the Department of Defense for such fiscal year is enacted
before the beginning of such fiscal year (or a joint resolution
making continuing appropriations for the Department of Defense
is in effect).
``(c) Termination.--Appropriations and funds made available and
authority granted for any fiscal year for any purpose under subsection
(a) shall be available until whichever of the following first occurs:
``(1) The enactment into law of an appropriation (including a
continuing appropriation) for such purpose.
``(2) The enactment into law of an appropriation (including a
continuing appropriation) for the Coast Guard without provision
for such purpose.
``(3) The termination of availability of appropriations for
the Department of Defense.
``(4) The date that is 180 days after the beginning of the
Coast Guard-specific funding lapse.
``(d) Rate for Operations; Applicability to Appropriation Acts.--
Appropriations made pursuant this section shall be available at a rate
for operations and to the extent and in the manner that would be
provided by the pertinent appropriations Act.
``(e) Charge to Future Appropriations.--Expenditures made pursuant to
this section shall be charged to the applicable appropriation, fund, or
authorization whenever a bill in which such applicable appropriation,
fund, or authorization is enacted into law.
``(f) Apportionment.--Appropriations and funds made available by or
authority granted under this section may be used without regard to the
time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, but nothing in this section may be
construed to waive any other provision of law governing the
apportionment of funds.
``(g) Definitions.--In this section:
``(1) Qualified civilian employee.--The term `qualified
civilian employee' means a civilian employee of the Coast Guard
whom the Commandant determines is--
``(A) providing support to members of the Coast Guard
or another Armed Force; or
``(B) performing work as an excepted employee or an
employee performing emergency work, as those terms are
defined by the Office of Personnel Management.
``(2) Qualified contract employee of the coast guard.--The
term `qualified contract employee of the Coast Guard' means an
individual performing work under a contract whom the Commandant
determines is--
``(A) providing support to military members or
qualified civilian employees of the Coast Guard or
another Armed Force; or
``(B) required to perform work during a lapse in
appropriations.''.
(2) Clerical amendment.--The analysis for chapter 27 of title
14, United States Code, is amended by adding at the end the
following:
``2780. Pay; continuation during lapse in appropriations.''.
SEC. 213. RESEARCH PROJECTS; TRANSACTIONS OTHER THAN CONTRACTS AND
GRANTS.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 720. Research projects; transactions other than contracts and
grants
``(a) Additional Forms of Transactions Authorized.--The Commandant
may enter into transactions (other than contracts, cooperative
agreements, and grants) in carrying out basic, applied, and advanced
research projects. The authority under this subsection is in addition
to the authority provided in section 717 to use contracts, cooperative
agreements, and grants in carrying out such projects.
``(b) Advance Payments.--The authority under subsection (a) may be
exercised without regard to section 3324 of title 31.
``(c) Recovery of Funds.--
``(1) In general.--Subject to subsection (d), a cooperative
agreement for performance of basic, applied, or advanced
research authorized by section 717, and a transaction
authorized by subsection (a), may include a clause that
requires a person or other entity to make payments to the Coast
Guard or any other department or agency of the Federal
Government as a condition for receiving support under the
agreement or transaction, respectively.
``(2) Availability of funds.--The amount of any payment
received by the Federal Government pursuant to a requirement
imposed under paragraph (1) may be credited, to the extent
authorized by the Commandant, to an appropriate appropriations
account. Amounts so credited shall be merged with other funds
in the account and shall be available for the same purposes and
the same period for which other funds in such account are
available.
``(d) Conditions.--
``(1) In general.--The Commandant shall ensure that--
``(A) to the extent that the Commandant determines
practicable, no cooperative agreement containing a
clause described in subsection (c)(1), and no
transaction entered into under subsection (a), provides
for research that duplicates research being conducted
under existing programs carried out by the Coast Guard;
and
``(B) to the extent that the Commandant determines
practicable, the funds provided by the Federal
Government under a cooperative agreement containing a
clause described in subsection (c)(1), or under a
transaction authorized by subsection (a), do not exceed
the total amount provided by other parties to the
cooperative agreement or other transaction,
respectively.
``(2) Other agreements not feasible.--A cooperative agreement
containing a clause described in subsection (c)(1), or under a
transaction authorized by subsection (a), may be used for a
research project only if the use of a standard contract, grant,
or cooperative agreement for such project is not feasible or
appropriate.
``(e) Education and Training.--The Commandant shall--
``(1) ensure that management, technical, and contracting
personnel of the Coast Guard involved in the award or
administration of transactions under this section or other
innovative forms of contracting are afforded opportunities for
adequate education and training; and
``(2) establish minimum levels and requirements for
continuous and experiential learning for such personnel,
including levels and requirements for acquisition certification
programs.
``(f) Regulations.--The Secretary of the department in which the
Coast Guard is operating shall prescribe regulations, as necessary, to
carry out this section.
``(g) Protection of Certain Information From Disclosure.--
``(1) In general.--Disclosure of information described in
paragraph (2) is not required, and may not be compelled, under
section 552 of title 5 for five years after the date on which
the information is received by the Coast Guard.
``(2) Limitation.--
``(A) In general.--Paragraph (1) applies to
information described in subparagraph (B) that is in
the records of the Coast Guard only if the information
was submitted to the Coast Guard in a competitive or
noncompetitive process having the potential for
resulting in an award, to the party submitting the
information, of a cooperative agreement for performance
of basic, applied, or advanced research authorized by
section 717 or another transaction authorized by
subsection (a).
``(B) Information described.--The information
referred to in subparagraph (A) is the following:
``(i) A proposal, proposal abstract, and
supporting documents.
``(ii) A business plan submitted on a
confidential basis.
``(iii) Technical information submitted on a
confidential basis.
``(h) Annual Report.--On the date on which the President submits to
Congress a budget pursuant to section 1105 of title 31, the Commandant
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report describing each use of the
authority provided under this section during the most recently
completed fiscal year, including details of each use consisting of--
``(1) the amount of each transaction;
``(2) the entities or organizations involved;
``(3) the product or service received; and
``(4) the research project for which the product or service
was required.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title 14,
United States Code, is amended by adding at the end the following:
``720. Research projects; transactions other than contracts and
grants.''.
SEC. 214. ACQUISITION WORKFORCE AUTHORITIES.
(a) In General.--Chapter 11 of title 14, United States Code, as
amended by this Act, is further amended by inserting after section 1110
the following:
``Sec. 1111. Acquisition workforce authorities
``(a) Expedited Hiring Authority.--
``(1) In general.--For the purposes of section 3304 of title
5, the Commandant may--
``(A) designate any category of acquisition positions
within the Coast Guard as shortage category positions;
and
``(B) use the authorities in such section to recruit
and appoint highly qualified persons directly to
positions so designated.
``(2) Reports.--The Commandant shall include in reports under
section 1102 information described in that section regarding
positions designated under this subsection.
``(b) Reemployment Authority.--
``(1) In general.--Except as provided in paragraph (2), if an
annuitant receiving an annuity from the Civil Service
Retirement and Disability Fund becomes employed in any category
of acquisition positions designated by the Commandant under
subsection (a), the annuity of the annuitant so employed shall
continue. The annuitant so reemployed shall not be considered
an employee for purposes of subchapter III of chapter 83 or
chapter 84 of title 5.
``(2)(A) Election.--An annuitant retired under section
8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity
from the Civil Service Retirement and Disability Fund, who
becomes employed in any category of acquisition positions
designated by the Commandant under subsection (a) after date of
enactment of the Coast Guard Authorization Act of 2019, may
elect to be subject to section 8344 or 8468 of such title (as
the case may be).
``(i) Deadline.--An election for coverage under this
subsection shall be filed not later than 90 days after
the Commandant takes reasonable actions to notify an
employee who may file an election.
``(ii) Coverage.--If an employee files an election
under this subsection, coverage shall be effective
beginning on the first day of the first applicable pay
period beginning on or after the date of the filing of
the election.
``(B) Application.--Paragraph (1) shall apply to an
individual who is eligible to file an election under such
subparagraph and does not file a timely election under clause
(i).''.
(b) Clerical Amendment.--The table of contents of chapter 11 of title
14, United States Code, is amended by inserting after the item relating
to section 1110 the following:
``1111. Acquisition workforce authorities.''.
SEC. 215. COAST GUARD HOUSING FUND.
Section 2946 of title 14, United States Code, is amended--
(1) in subsection (c) by striking paragraph (2) and
redesignating paragraph (1) as paragraph (2);
(2) by inserting before paragraph (2), as redesignated by
paragraph (1), the following: ``(1) Amounts in the Fund shall
be available to the Secretary without further appropriation and
shall remain available until expended.''; and
(3) in paragraph (2), as redesignated by paragraph (1), by
striking ``In such amounts as provided in appropriations Acts,
and except'' and inserting ``Except''.
SEC. 216. REPORT ON COAST GUARD DEFENSE READINESS RESOURCES ALLOCATION.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate, a report on the allocation of
resources by the Coast Guard to support its defense readiness mission.
(b) Contents.--The report required by subsection (a) shall include
the following elements:
(1) Funding levels allocated by the Coast Guard to support
defense readiness missions for each of the past ten fiscal
years.
(2) Funding levels transferred or otherwise provided by the
Department of Defense to the Coast Guard in support of the
Coast Guard's defense readiness missions for each of the past
ten fiscal years.
(3) The number of Coast Guard detachments assigned in support
of the Coast Guard's defense readiness mission for each of the
past ten fiscal years.
(c) Assessment.--In addition to the elements detailed in subsection
(b), the report shall include an assessment of the impacts on the Coast
Guard's non-defense mission readiness and operational capabilities due
to the annual levels of reimbursement provided by the Department of
Defense to compensate the Coast Guard for its expenses to fulfill its
defense readiness mission.
SEC. 217. REPORT ON THE FEASIBILITY OF LIQUEFIED NATURAL GAS FUELED
VESSELS.
Not later than 1 year after the date of the enactment of this Act,
the Commandant of the Coast Guard shall submit a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the following:
(1) The feasibility, safety, and cost effectiveness of using
liquefied natural gas to fuel new Coast Guard vessels.
(2) The feasibility, safety, and cost effectiveness of
converting existing vessels to run on liquefied natural gas
fuels.
(3) The operational benefits of using liquefied natural gas
to fuel Coast Guard vessels.
TITLE III--SHIPPING
SEC. 301. ELECTRONIC CHARTS; EQUIVALENCY.
(a) Requirements.--Section 3105(a)(1) of title 46, United States
Code, is amended to read as follows:
``(1) Electronic charts in lieu of marine charts, charts, and
maps.--Subject to paragraph (2), the following vessels, while
operating on the navigable waters of the United States, shall
be equipped with and operate electronic navigational charts
conforming to a standard acceptable to the Secretary in lieu of
any marine charts, charts, and maps required by titles 33 and
46, Code of Federal Regulations, as in effect on the date of
the enactment of this paragraph:
``(A) A self-propelled commercial vessel of at least
65 feet overall length.
``(B) A vessel carrying more than a number of
passengers for hire determined by the Secretary.
``(C) A towing vessel of more than 26 feet in overall
length and 600 horsepower.
``(D) Any other vessel for which the Secretary
decides that electronic charts are necessary for the
safe navigation of the vessel.''.
(b) Exemptions and Waivers.--Section 3105(a)(2) of title 46, United
States Code, is amended by--
(1) in subparagraph (A), by striking ``operates; and'' and
inserting ``operates;'';
(2) in subparagraph (B), by striking ``those waters.'' and
inserting ``those waters; and''; and
(3) by adding at the end the following:
``(C) permit vessels that operate solely landward of
the baseline from which the territorial sea of the
United States is measured to utilize software-based,
platform-independent electronic chart systems that the
Secretary determines are capable of displaying
electronic navigational charts with necessary scale and
detail to ensure safe navigation for the intended
voyage.''.
SEC. 302. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS;
APPLICATION.
Section 3507(k)(1) of title 46, United States Code, is amended--
(1) in subparagraph (B), by adding ``and'' after the
semicolon at the end;
(2) in subparagraph (C), by striking ``; and'' and inserting
a period; and
(3) by striking subparagraph (D).
SEC. 303. NON-OPERATING INDIVIDUAL.
(a) Definition.--Section 2101 of title 46, United States Code, is
amended by inserting after paragraph (23) the following:
``(23a) `non-operating individual' means an individual who--
``(A) does not perform--
``(i) with respect to the operation of a
vessel, watchstanding, automated engine room
duty watch, navigation, or personnel safety
functions;
``(ii) with respect to the loading and
unloading of merchandise, cargo handling
functions, including any activity relating to
the loading or unloading of cargo, the
operation of cargo-related equipment (whether
or not integral to the vessel), and the
handling of mooring lines on the dock when the
vessel is made fast or let go;
``(iii) vessel maintenance, including any
repairs that can be performed by the vessel's
crew or a riding gang; or
``(iv) safety, security, or environmental
protection activities directly related to the
operation of the vessel and normally conducted
by the vessel's crew;
``(B) does not serve as part of the crew complement
required under section 8101;
``(C) does not serve as a riding gang member;
``(D) is not a member of the steward's department;
``(E) is not a citizen or temporary or permanent
resident of a country designated by the United States
as a sponsor of terrorism or any other country that the
Secretary, in consultation with the Secretary of State
and the heads of other appropriate United States
agencies, determines to be a security threat to the
United States;
``(F) is not specifically exempted from the
requirement to have a merchant mariner's document under
section 8701(a);
``(G) has not been convicted in any jurisdiction of
an offense described in paragraph (2) or (3) of section
7703;
``(H) whose license, certificate of registry, or
merchant mariner's document has not been suspended or
revoked under section 7704; and
``(I) who does not otherwise constitute a threat to
the safety of the vessel.''.
(b) Citizenship and Navy Reserve Requirements.--Section 8103(j) of
title 46, United States Code, is amended by--
(1) striking ``Riding Gang Member'' and inserting ``Riding
Gang Member or Non-Operating Individual''; and
(2) inserting ``or a non-operating individual'' before the
period.
(c) Requirements Relating to Non-Operating Individuals.--
(1) In general.--Chapter 81 of title 46, United States Code,
is amended--
(A) by redesignating section 8107 as section 8108;
and
(B) by inserting after section 8106 the following:
``Sec. 8107. Requirements relating to non-operating individuals
``(a) In General.--The owner or managing operator of a merchant
vessel of the United States of at least 100 gross tons as measured
under section 14502, or an alternate tonnage measured under section
14302 as prescribed by the Secretary under section 14104, shall--
``(1) ensure that--
``(A) each non-operating individual on the vessel--
``(i) is a United States citizen or an alien
lawfully admitted to the United States for
permanent residence; or
``(ii) possesses a United States non-
immigrant visa for individuals desiring to
enter the United States temporarily for
business, employment-related and personal
identifying information, and any other
documentation required by the Secretary;
``(B) all required documentation for such individual
is kept on the vessel and available for inspection by
the Secretary; and
``(C) each non-operating individual is identified on
the manifest;
``(2) ensure that--
``(A) each non-operating individual possesses--
``(i) a merchant mariner's document;
``(ii) a transportation worker identification
credential under section 70105; or
``(iii) a current security clearance issued
by a Federal agency; or
``(B) the employer of such an individual attests in a
certificate to the owner or managing operator that--
``(i) the background of such individual has
been examined and found to be free of any
credible information indicating a material risk
to the security of the vessel, the vessel's
cargo, the ports the vessel visits, or other
individuals onboard the vessel;;
``(ii) such examination--
``(I) met the requirements of section
70105(d)(2), for persons described in
paragraph (1)(A)(i) of this subsection;
or
``(II) consisted of a search of all
information reasonably available to the
owner or managing operator in the
individual's country of citizenship and
any other country in which the
individual works, receives employment
referrals, or resides, for persons
described in paragraph (1)(A)(ii) of
this subsection; and
``(iii) the information derived from any such
examination is made available to the Secretary
upon request;
``(3) ensure that each non-operating individual of the
vessel, while on board the vessel, is subject to the same
random chemical testing and reporting regimes as crew members;
``(4) ensure that each such individual employed on the vessel
receives basic safety familiarization and basic safety training
approved by the Coast Guard; and
``(5) ensure that every non-operating individual of the
vessel is employed on board the vessel under conditions that
meet or exceed the minimum international standards of all
applicable international labor conventions to which the United
States is a party, including all of the merchant seamen
protection and relief provided under United States law.
``(b) Recordkeeping.--In addition to the requirements of subsection
(a), the owner or managing operator of a vessel to which subsection (a)
applies shall ensure that all information necessary to ensure
compliance with this section, as determined by the Secretary, is
entered into the vessel's official logbook required by chapter 113.
``(c) Civil Penalty.--A person (including an individual) violating
this section is liable to the United States Government for a civil
penalty of $1,250.''.
(2) Clerical amendments.--The analysis for chapter 81 of
title 46, United States Code, is amended by striking the item
relating to section 8107 and inserting the following:
``8107. Requirements relating to non-operating individuals.
``8108. Use of force against piracy.''.
(3) Conforming amendments.--
(A) Merchant mariners' documents required.--Section
8701 of title 46, United States Code, is amended by
adding at the end the following:
``(e) This section does not apply to non-operating individuals.''.
(B) Training for use of force against piracy.--
Section 51705(4) of title 46, United States Code, is
amended by striking ``46 U.S.C. 8107 note'' and
inserting ``46 U.S.C. 8108 note''.
SEC. 304. SMALL PASSENGER VESSELS AND UNINSPECTED PASSENGER VESSELS.
Section 12121 of title 46, United States Code, is amended--
(1) in subsection (a)(1), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) was built in the United States;
``(B) was not built in the United States and is at
least 3 years old; or
``(C) if rebuilt, was rebuilt--
``(i) in the United States; or
``(ii) outside the United States at least 3
years before the certificate requested under
subsection (b) would take effect.''; and
(2) in subsection (b), by inserting ``12132,'' after
``12113,''.
SEC. 305. INSTALLATION VESSELS.
(a) In General.--Chapter 551 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 55123. Installation vessels
``(a) Initial Determination of Coastwise Qualified Vessel.--No later
than 180 days after the date of the enactment of this section, the
Secretary of Transportation shall determine whether an installation
vessel exists for which a coastwise endorsement has been issued under
section 12112.
``(b) Application.--If the Secretary of Transportation determines
under subsection (a) that no such coastwise qualified vessel exists,
then, after the date on which such determination is made, lifting
operations between a vessel for which a coastwise endorsement has been
issued under section 12112 and an installation vessel for which no such
endorsement has been issued is not transportation of merchandise for
the purposes of section 55102.
``(c) Requests for Determinations of Coastwise Qualified Vessels.--
``(1) In general.--After the date on which the determination
is made under subsection (a), an installation vessel for which
a coastwise endorsement has been issued under section 12112,
the owner or operator of such installation vessel may seek a
new determination from the Secretary of Transportation that an
installation vessel for which a coastwise endorsement has been
issued under section 12112 exists.
``(2) Application to non-qualified vessels.--If the Secretary
of Transportation makes a determination under paragraph (1)
that a coastwise qualified vessel exists, then--
``(A) the owner or operator of an installation vessel
for which no coastwise endorsement has been issued
under section 12112 shall seek a determination of the
availability of a coastwise qualified vessel under
paragraph (3) before using such non-coastwise qualified
vessel for the transportation of a platform jacket; and
``(B) after the date on which such determination is
made, the owner or operator of an installation vessel
for which no coastwise endorsement has been issued
under section 12112 shall not use such non-coastwise
qualified vessel for the transportation of a platform
jacket unless the Secretary of Transportation
determines a coastwise qualified is not available under
paragraph (4).
``(3) Criteria for determination of availability.--The
Secretary of Transportation shall determine a coastwise
qualified vessel is not available if--
``(A) the owner or operator of a non-coastwise
qualified vessel submits to the Secretary of
Transportation an application for the use of a non-
coastwise qualified installation vessel for
transportation of a platform jacket under this section
that includes all relevant information, including
engineering details and timing requirements, and such
application is submitted not less than 1 year before
the date such vessel is required for such use;
``(B) the Secretary provides the application made
under subparagraph (A) to the owner of each coastwise
qualified vessel listed as an installation vessel in
the inventory under section 12138(c) and promptly
publishes in the Federal Register a notice--
``(i) describing the project and the platform
jacket involved;
``(ii) advising that all relevant information
reasonably needed to assess the transportation
and installation requirements for the platform
jacket will be made available to an interested
person on request; and
``(iii) requesting that information on the
availability of coastwise qualified vessels be
submitted within a 45-day period beginning on
the date of such publication; and
``(C)(i) within such 45-day period no information is
submitted to the Secretary from owners or operators of
coastwise qualified installation vessels to meet the
requirements of the application required under
paragraph (A); or
``(ii) the owner or operator of a coastwise qualified
installation vessel submits information to the
Secretary asserting that the owner or operator has a
suitable coastwise qualified installation vessel
available to meet the requirements of the application
required under paragraph (A), but the Secretary
determines, within 90 days after the notice is first
published, that the coastwise qualified installation
vessel is not suitable or reasonably available for the
transportation.
``(d) Definitions.--In this section:
``(1) Installation vessel.--The term `installation vessel'
means a vessel using a crane suitable for offshore use that--
``(A) is used to install platform jackets;
``(B) has a slewing or luffing capability;
``(C) has a lifting capacity of at least 1,000 metric
tons; and
``(D) conducts lifting operations to construct or
remove offshore facilities or subsea infrastructure or
to install and uninstall component parts or materials
from offshore facilities or subsea infrastructure.
``(2) Lifting operations.--The term `lifting operations'
means the lifting of platform jackets by crane from the time
that the lifting activity begins when unlading from a vessel or
removing offshore facilities or subsea infrastructure until the
time that the lifting activities are terminated for a
particular unlading, installation, or removal of offshore
facilities or subsea infrastructure.
``(3) Platform jacket.--The term `platform jacket' has the
meaning given such term in section 55108(a).''.
(b) Clerical Amendment.--The analysis for chapter 551 of title 46,
United States Code, is amended by adding at the end the following:
``55123. Installation vessels.''.
(c) Inventory.--Section 12138(b) of title 46, United States Code, is
amended--
(1) in the heading, by striking the period and inserting ``,
and Installation.'';
(2) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary of Transportation shall
develop, maintain, and periodically update an inventory of
vessels that are--
``(A) documented under this chapter;
``(B) at least 200 feet in length;
``(C) have the capability to lay, maintain, or repair
a submarine cable, without regard to whether a
particular vessel is classed as a cable ship or cable
vessel; and
``(D) installation vessels within the meaning of such
term in section 55123.''; and
(3) by amending paragraph (2)(B) to read as follows:
``(B) the abilities and limitations of the vessel
with respect to--
``(i) in the case of a vessel required to be
inventoried under paragraph (1)(A), laying,
maintaining, and repairing a submarine cable;
and
``(ii) in the case of a vessel required to be
inventoried under paragraph (1)(B), installing
platform jackets; and''.
(d) Notice of Modification or Revocation.--No later than 30 days
after the enactment of this Act, the Secretary of Homeland Security,
acting through the Commissioner of Customs and Border Protection, shall
issue a notice, including an opportunity for public comment, on the
modification or revocation of Letter Rulings 101925, 108442, 113841,
114435, 115185, 115218, 115311, 115487, 115522, 115771, 115938, 116078,
H004242 with respect to the application of the section 55102 of title
46, Shipping, United States Code, to certain offshore operations.
SEC. 306. ADVISORY COMMITTEES.
(a) National Offshore Safety Advisory Committee; Representation.--
Section 15106(c)(3) of title 46, United States Code, is amended--
(1) in subparagraph (C), by striking ``mineral and oil
operations, including geophysical services'' and inserting
``operations'';
(2) in subparagraph (D), by striking ``exploration and
recovery'';
(3) in subparagraph (E), by striking ``engaged in diving
services related to offshore construction, inspection, and
maintenance'' and inserting ``providing diving services to the
offshore industry'';
(4) in subparagraph (F), by striking ``engaged in safety and
training services related to offshore exploration and
construction'' and inserting ``providing safety and training
services to the offshore industry'';
(5) in subparagraph (G), by striking ``engaged in pipelaying
services related to offshore construction'' and inserting
``providing subsea engineering, construction, or remotely
operated vehicle support to the offshore industry'';
(6) in subparagraph (H), by striking ``mineral and energy'';
(7) in subparagraph (I), by striking ``national environmental
entities'' and inserting ``entities providing environmental
protection, compliance, or response services to the offshore
industry''; and
(8) in subparagraph (J), by striking ``deepwater ports'' and
inserting ``entities engaged in offshore oil exploration and
production on the Outer Continental Shelf adjacent to Alaska''.
(b) Advisory Committees; Testimony.--Section 15109(j)(4) of title 46,
United States Code, is amended by adding at the end the following:
``(C) Testimony.--The members of a committee shall be
available to testify before appropriate committees of
the Congress with respect to the advice, reports, and
recommendations submitted under paragraph (2).''.
(c) National Maritime Transportation System Advisory Committee.--
(1) In general.--Chapter 555 of title 46, United States Code,
is amended by adding at the end the following:
``Sec. 55502. National Maritime Transportation System Advisory
Committee
``(a) Establishment.--There is established a National Maritime
Transportation System Advisory Committee (in this section referred to
as the `Committee').
``(b) Function.--The Committee shall advise the Secretary of
Transportation on matters relating to the United States maritime
transportation system and its seamless integration with other segments
of the transportation system, including the viability of the United
States Merchant Marine.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 25 members
appointed by the Secretary of Transportation in accordance with
this section and section 15109.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) At least 1 member shall represent the
Environmental Protection Agency.
``(B) At least 1 member shall represent the
Department of Commerce.
``(C) At least 1 member shall represent the Army
Corps of Engineers.
``(D) At least 1 member shall represent the Coast
Guard.
``(E) At least 1 member shall represent Customs and
Border Protection.
``(F) At least 1 member shall represent State and
local governmental entities.
``(G) Additional members shall represent private
sector entities that reflect a cross-section of
maritime industries, including port and water
stakeholders, academia, and labor.
``(H) The Secretary may appoint additional
representatives from other Federal agencies as the
Secretary considers appropriate.
``(4) Administration.--For purposes of section 15109--
``(A) the Committee shall be treated as a committee
established under chapter 151; and
``(B) the Secretary of Transportation shall fulfill
all duties and responsibilities and have all
authorities of the Secretary of Homeland Security with
regard to the Committee.''.
(2) Treatment of existing committee.--Notwithstanding any
other provision of law--
(A) an advisory committee substantially similar to
the National Maritime Transportation System Advisory
Committee established by this section and that was in
force or in effect on the day before the date of the
enactment of this Act, including the charter,
membership, and other aspects of such committee, may
remain in force or in effect for the 2-year period
beginning on the date of the enactment of this section;
and
(B) during such 2-year period--
(i) requirements relating the National
Maritime Transportation System Advisory
Committee established by such section shall be
treated as satisfied by such substantially
similar advisory committee; and
(ii) the enactment of this section shall not
be the basis--
(I) to deem, find, or declare such
committee, including the charter,
membership, and other aspects thereof,
void, not in force, or not in effect;
(II) to suspend the activities of
such committee; or
(III) to bar the members of such
committee from a meeting.
(3) Clerical amendment.--The analysis for chapter 555 of
title 46, United States Code, is amended by adding at the end
the following:
``55502. National Maritime Transportation System Advisory Committee.''.
(4) Repeal.--Section 55603 of title 46, United States Code,
and the item relating to that section in the analysis for
chapter 556 of that title, are repealed.
(d) Great Lakes Pilotage Advisory Committee.--
(1) In general.--Title 46, United States Code, is amended by
striking section 9307 and inserting the following:
``Sec. 9307. Great Lakes Pilotage Advisory Committee
``(a) Establishment.--There is established a Great Lakes Pilotage
Advisory Committee (in this section referred to as the `Committee').
``(b) Function.--The Committee--
``(1) may review proposed Great Lakes pilotage regulations
and policies and make recommendations to the Secretary that the
Committee considers appropriate; and
``(2) may advise, consult with, report to, and make
recommendations to the Secretary on matters relating to Great
Lakes pilotage.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 7 members
appointed by the Secretary in accordance with this section and
section 15109.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) The President of each of the 3 Great Lakes
pilotage districts, or the President's representative.
``(B) At least 1 member shall represent the interests
of vessel operators that contract for Great Lakes
pilotage services.
``(C) At least 1 member shall represent the interests
of Great Lakes ports.
``(D) At least 1 member shall represent the interests
of shippers whose cargoes are transported through Great
Lakes ports.
``(E) At least 1 member shall have a background in
finance or accounting and must have been recommended to
the Secretary by a unanimous vote of the other members
of the Committee.
``(4) Administration.--For purposes of section 15109, the
Committee shall be treated as a committee established under
chapter 151.''.
(2) Treatment of existing committee.--Notwithstanding any
other provision of law--
(A) an advisory committee substantially similar to
the Great Lakes Pilotage Advisory Committee established
by section 9307 of title 46, United States Code, as
amended by this section, and that was in force or in
effect on the day before the date of the enactment of
this Act, including the charter, membership, and other
aspects of the committee, may remain in force or in
effect for a period of 2 years from the date of
enactment of this Act; and
(B) during such 2-year period--
(i) requirements relating to the Great Lakes
Pilotage Advisory Committee established by
section 9307 of title 46, United States Code,
as amended by this section, shall be treated as
satisfied by the substantially similar advisory
committee; and
(ii) the enactment of this section and the
amendments made by this section shall not be
the basis--
(I) to deem, find, or declare such
committee, including the charter,
membership, and other aspects thereof,
void, not in force, or not in effect;
(II) to suspend the activities of
such committee; or
(III) to bar the members of such
committee from a meeting.
(e) Technical Corrections.--Section 15109 of title 46 is amended by
inserting ``or to which this chapter applies'' after ``committee
established under this chapter'' each place it appears.
SEC. 307. EXPIRED MARITIME LIENS.
Section 31343(e) of title 46, United States Code, is amended--
(1) by inserting ``(1)'' before ``A notice''; and
(2) by inserting after paragraph (1), as so designated by
this section, the following:
``(2) On expiration of a notice of claim of lien under paragraph (1),
the Secretary shall remove such expired notice.''.
SEC. 308. OFFSHORE NAVIGATION.
(a) Port Access Routes.--Section 70003(e) of title 46, United States
Code, is amended--
(1) in paragraph (3), by striking ``continues; and'' and
inserting ``continues;'';
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) shall, unless otherwise authorized by the Secretary,
and notwithstanding any other provision of this chapter,
require--
``(A) a 2-nautical-mile buffer between the parallel
outer or seaward boundary of a traffic lane and any
offshore structure affixed to the submerged land of the
Outer Continental Shelf; and
``(B) a 5-nautical-mile buffer between the entry or
exit of any traffic separation scheme and any offshore
structure.''.
(b) Navigation; Conflict Mitigation.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall implement the recommendations
of the Atlantic Coast Port Access Route Study, docket number USCG-2011-
0351, dated February 24, 2016, including any recommendations in the
appendices thereto.
(c) Fairways.--Not later than July 1, 2021, the Commandant of the
Coast Guard shall conduct a review of navigation on the East Coast of
the United States and submit recommendations for new fairways on such
coast to facilitate commerce to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(d) Port Access Route Studies Completion Dates.--The Commandant of
the Coast Guard shall complete--
(1) the Chuckchi Sea, Bering Strait and Bering Sea Port
Access Route Study not later than 1 year after the date of the
enactment of this Act; and
(2) the Alaskan Arctic Coast Port Access Route Study not
later than 5 years after the date of the enactment of this Act.
SEC. 309. TRAINING; EMERGENCY RESPONSE PROVIDERS.
(a) Security Plan Implementation Grants.--Section 70107 of title 46,
United States Code, is amended--
(1) in subsection (a), by striking ``law enforcement
personnel'' and inserting ``emergency response providers'';
(2) in subsection (b)(8), by striking ``law enforcement
personnel--'' and inserting ``emergency response providers--'';
and
(3) in subsection (c)(2)(C), by striking ``law enforcement
agency personnel'' and inserting ``emergency response
providers''.
(b) Credentialing for State and Local Support.--Section 70132 of
title 46, United States Code, is amended--
(1) in subsection (a), by striking ``law enforcement
personnel--'' and inserting ``emergency response providers--'';
(2) in subsection (b), by striking ``law enforcement
personnel'' each place it appears and inserting ``emergency
response providers''; and
(3) by adding at the end the following:
``(d) Definition.--For the purposes of this section, the term
`emergency response providers' has the meaning given that term in
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).''.
SEC. 310. AIMING A LASER POINTER AT A VESSEL.
(a) In General.--Subchapter II of chapter 700 of title 46, United
States Code, is amended by adding at the end the following:
``Sec. 70014. Aiming a laser pointer at a vessel
``(a) Prohibition.--It shall be unlawful to cause the beam of a laser
pointer to strike a vessel operating on the navigable waters of the
United States.
``(b) Exceptions.--This section shall not apply to a member or
element of the Department of Defense or Department of Homeland Security
acting in an official capacity for the purpose of research,
development, operations, testing, or training.
``(c) Laser Pointer Defined.--In this section the term `laser
pointer' means any device designed or used to amplify electromagnetic
radiation by stimulated emission that emits a beam designed to be used
by the operator as a pointer or highlighter to indicate, mark, or
identify a specific position, place, item, or object.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end of the items relating to such subchapter the
following:
``70014. Aiming a laser pointer at a vessel.''.
SEC. 311. MARITIME TRANSPORTATION ASSESSMENT.
Section 55501(e) of title 46, United States Code, is amended--
(1) in paragraph (2), by striking ``an assessment of the
condition'' and inserting ``a conditions and performance
analysis'';
(2) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (5) by striking the period and inserting ``;
and''; and
(4) by adding at the end the following:
``(6) a compendium of the Federal programs engaged in the
maritime transportation system.''.
SEC. 312. SAFETY OF SPECIAL ACTIVITIES.
(a) In General.--Title 46, United States Code, is amended by
inserting after section 70005 the following:
``Sec. 70006. Safety of special activities
``(a) In General.--The Secretary may establish a safety zone to
address special activities in the exclusive economic zone.
``(b) Definitions.--In this section:
``(1) The term `safety zone' has the meaning provided in
section 165.20 of title 33, Code of Federal Regulations.
``(2) The term `special activities' includes--
``(A) space activities, including launch and reentry,
as those terms are defined in section 50902 of title
51, carried out by United States citizens; and
``(B) offshore energy development activities, as
described in section 8(p)(1)(C) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)),
on or near a fixed platform.
``(3) The term `United States citizen' has the meaning given
the term `eligible owners' in section 12103.
``(4) The term `fixed platform' means an artificial island,
installation, or structure permanently attached to the sea-bed
for the purpose of exploration or exploitation of resources or
for other economic purposes.''.
(b) Clerical Amendment.--The analysis for chapter 700 of title 46,
United States Code, is amended by inserting after the item relating to
section 70005 the following:
``70006. Safety of special activities.''.
(c) Regulations.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the department in which
the Coast Guard is operating shall establish regulations to
implement this section.
(2) Alignment with other regulations.--Such regulations shall
align with subchapter C of chapter III of title 14, Code of
Federal Regulations.
SEC. 313. ENGINE CUT-OFF SWITCHES; USE REQUIREMENT.
(a) In General.--Section 4312 of title 46, United States Code, is
amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Use Requirement.--
``(1) In general.--An individual operating a covered
recreational vessel shall use an engine cut-off switch link
while operating on plane or above displacement speed.
``(2) Exceptions.--The requirement under paragraph (1) shall
not apply if--
``(A) the main helm of the covered vessel is
installed within an enclosed cabin; or
``(B) the vessel does not have an engine cut-off
switch and is not required to have one under subsection
(a).''.
(b) Civil Penalty.--Section 4311 of title 46, United States Code, is
amended by--
(1) redesignating subsections (c), (d), (e), (f), and (g) as
subsections (d), (e), (f), (g), and (h), respectively; and
(2) inserting after subsection (b) the following:
``(c) A person violating section 4312(b) of this title is liable to
the United States Government for a civil penalty of not more than--
``(1) $100 for the first offense;
``(2) $250 for the second offense; and
``(3) $500 for any subsequent offense.''.
(c) Effective Date.--The amendments made in subsections (a) and (b)
shall take effect 90 days after the date of the enactment of this
section, unless the Commandant of the Coast Guard, prior to the date
that is 90 days after the date of the enactment of this section,
determines that the use requirement enacted in subsection (a) would not
promote recreational boating safety.
SEC. 314. EXEMPTIONS AND EQUIVALENTS.
(a) In General.--Section 4305 of title 46, United States Code, is
amended--
(1) by striking the heading and inserting the following:
``Sec. 4305. Exemptions and equivalents'';
(2) by striking ``If the Secretary'' and inserting the
following:
``(a) Exemptions.--If the Secretary''; and
(3) by adding at the end the following:
``(b) Equivalents.--The Secretary may accept a substitution for
associated equipment performance or other safety standards for a
recreational vessel if the substitution provides an equivalent level of
safety.''.
(b) Clerical Amendment.--The analysis for chapter 43 of title 46,
United States Code, is amended by striking the item relating to section
4305 and inserting the following:
``4305. Exemptions and equivalents.''.
SEC. 315. ABANDONED SEAFARERS FUND.
Section 11113 of title 46, United States Code, is amended--
(1) in subsection (a)(2), by striking ``may be appropriated
to the Secretary'' and inserting ``shall be available to the
Secretary without further appropriation and shall remain
available until expended''; and
(2) by striking paragraph (4) of subsection (c).
SEC. 316. ICE PATROL; PAYMENTS.
Section 80301(c) of title 46, United States Code, is amended by
striking ``operating expenses of the Coast Guard.'' and inserting
``operations and support of the Coast Guard and shall remain available
until expended.''.
SEC. 317. SECURITY PLANS; REVIEWS.
Section 70103 of title 46, United States Code, is amended--
(1) in subsection (b)(3), by inserting ``and updates'' after
``Area Maritime Transportation Security Plans'' each place it
appears; and
(2) in subsection (c)(4), by inserting ``or update'' after
``plan'' each place it appears.
SEC. 318. WAIVER OF NAVIGATION AND VESSEL INSPECTION LAWS.
Section 501(a) of title 46, United States Code, is amended--
(1) by striking ``On request'' and inserting the following:
``(1) In general.--On request''; and
(2) by adding at the end the following:
``(2) Explanation.--Not later than 24 hours after making a
request under paragraph (1), the Secretary of Defense shall
submit to the Committees on Transportation and Infrastructure
and Armed Services of the House of Representatives and the
Committees on Commerce, Science, and Transportation and Armed
Services of the Senate a written explanation of the
circumstances requiring such a waiver in the interest of
national defense, including a confirmation that there are
insufficient qualified vessels to meet the needs of national
defense without such a waiver.''.
SEC. 319. REQUIREMENT FOR SMALL SHIPYARD GRANTEES.
Section 54101(d) of title 46, United States Code, is amended--
(1) by striking ``Grants awarded'' and inserting the
following:
``(1) In general.--Grants awarded''; and
(2) by adding at the end the following:
``(2) Buy america.--
``(A) In general.--Subject to subparagraph (B), no
funds may be obligated by the Administrator of the
Maritime Administration under this section, unless each
product and material purchased with those funds
(including products and materials purchased by a
grantee), and including any commercially available off-
the-shelf item, is--
``(i) an unmanufactured article, material, or
supply that has been mined or produced in the
United States; or
``(ii) a manufactured article, material, or
supply that has been manufactured in the United
States substantially all from articles,
materials, or supplies mined, produced, or
manufactured in the United States.
``(B) Exceptions.--
``(i) In general.--Notwithstanding
subparagraph (A), the requirements of that
subparagraph shall not apply with respect to a
particular product or material if such
Administrator determines--
``(I) that the application of those
requirements would be inconsistent with
the public interest;
``(II) that such product or material
is not available in the United States
in sufficient and reasonably available
quantities, of a satisfactory quality,
or on a timely basis; or
``(III) that inclusion of a domestic
product or material will increase the
cost of that product or material by
more than 25 percent, with respect to a
certain contract between a grantee and
that grantee's supplier.
``(ii) Federal register.--A determination
made by such Administrator under this
subparagraph shall be published in the Federal
Register.
``(C) Definitions.--In this paragraph:
``(i) Commercially available off-the-shelf
item.--The term `commercially available off-
the-shelf item' means--
``(I) any item of supply (including
construction material) that is--
``(aa) a commercial item, as
defined by section 2.101 of
title 48, Code of Federal
Regulations; and
``(bb) sold in substantial
quantities in the commercial
marketplace; and
``(II) does not include bulk cargo,
as that term is defined in section
40102(4) of this title, such as
agricultural products and petroleum
products.
``(ii) Product or material.--The term
`product or material' means an article,
material, or supply brought to the site by the
recipient for incorporation into the building,
work, or project. The term also includes an
item brought to the site preassembled from
articles, materials, or supplies. However,
emergency life safety systems, such as
emergency lighting, fire alarm, and audio
evacuation systems, that are discrete systems
incorporated into a public building or work and
that are produced as complete systems, are
evaluated as a single and distinct construction
material regardless of when or how the
individual parts or components of those systems
are delivered to the construction site.
``(iii) United states.--The term `United
States' includes the District of Columbia, the
Commonwealth of Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the
Virgin Islands.''.
SEC. 320. INDEPENDENT STUDY ON THE UNITED STATES MERCHANT MARINE
ACADEMY.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation shall seek to enter into
an agreement with the National Academy of Public Administration
(referred to in this section as the ``Academy'') to carry out the
activities described in this section.
(b) Study Elements.--In accordance with the agreement described in
subsection (a), the Academy shall conduct a study of the United States
Merchant Marine Academy that consists of the following:
(1) A comprehensive assessment of the United States Merchant
Marine Academy's systems, training, facilities, infrastructure,
information technology, and stakeholder engagement.
(2) Identification of needs and opportunities for
modernization to help the United States Merchant Marine Academy
keep pace with more modern campuses.
(3) Development of an action plan for the United States
Merchant Marine Academy with specific recommendations for--
(A) improvements or updates relating to the
opportunities described in paragraph (2); and
(B) systemic changes needed to help the United States
Merchant Marine Academy achieve its mission of
inspiring and educating the next generation of the
mariner workforce on a long-term basis.
(c) Deadline and Report.--Not later than 1 year after the date of the
agreement described in subsection (a), the Academy shall prepare and
submit to the Administrator of the Maritime Administration a report
containing the action plan described in subsection (b)(3), including
specific findings and recommendations.
SEC. 321. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME WORKFORCE
TRAINING AND EDUCATION.
Section 54102 of title 46, United States Code, is amended--
(1) in subsection (b), by inserting ``or subsection (d)''
after ``designated under subsection (a)''; and
(2) by adding at the end the following:
``(d) State Maritime Academy.--The Secretary of Transportation shall
designate each State maritime academy, as defined in section 51102(4)
of this title, as a center of excellence under this section.''.
SEC. 322. RENEWAL OF MERCHANT MARINER LICENSES AND DOCUMENTS.
Section 7507 of title 46, United States Code, is amended by adding at
the end the following:
``(d) Renewal.--With respect to any renewal of an existing merchant
mariner credential that is not an extension under subsection (a) or
(b), such credential shall begin the day after the expiration of the
credential holder's existing credential.''.
TITLE IV--MISCELLANEOUS
SEC. 401. COASTWISE TRADE.
(a) In General.--The Commandant of the Coast Guard shall review the
adequacy of and continuing need for provisions in title 46, Code of
Federal Regulations, that require a United States vessel documented
under chapter 121 of title 46, United States Code, possessing a
coastwise endorsement under that chapter, and engaged in coastwise
trade, to comply with regulations for vessels engaged in an
international voyage.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Commandant of the Coast Guard shall provide
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a briefing on the findings of the review
required under subsection (a) and a discussion of how existing laws and
regulations could be amended to ensure the safety of vessels described
in subsection (a) while infringing as little as possible on commerce.
SEC. 402. UNMANNED MARITIME SYSTEMS.
(a) Assessment.--
(1) In general.--The Commandant of the Coast Guard, acting
through the Blue Technology Center of Expertise, shall
regularly assess available unmanned maritime systems for
potential use to support missions of the Coast Guard.
(2) Consultation.--The Commandant shall make the assessment
required under paragraph (1) after consultation with the
Department of Defense, other Federal agencies, the academic
sector, and developers and manufacturers of unmanned maritime
systems.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and biennially 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 a report on the actual and potential effects of the use
of then-existing unmanned maritime systems on the mission
effectiveness of the Coast Guard.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) An inventory of current unmanned maritime systems
used by the Coast Guard, an overview of such usage, and
a discussion of the mission effectiveness of such
systems, including any benefits realized or risks or
negative aspects of such usage.
(B) A prioritized list of Coast Guard mission
requirements that could be met with additional unmanned
maritime systems, and the estimated costs of acquiring
and operating such systems.
(c) Definitions.--In this section:
(1) Unmanned maritime systems.--
(A) In general.--The term ``unmanned maritime
systems'' means remotely operated or autonomous
vehicles produced by the commercial sector designed to
travel in the air, on or under the ocean surface, on
land, or any combination thereof, and that function
without an on-board human presence.
(B) Examples.--Such term includes the following:
(i) Unmanned undersea vehicles.
(ii) Unmanned surface vehicles.
(iii) Unmanned aerial vehicles.
(iv) Autonomous underwater vehicles.
(v) Autonomous surface vehicles.
(vi) Autonomous aerial vehicles.
(2) Available unmanned maritime systems.--The term
``available unmanned maritime systems'' includes systems that
can be purchased commercially or are in use by the Department
of Defense or other Federal agencies.
SEC. 403. EXPEDITED TRANSFER IN CASES OF SEXUAL ASSAULT; DEPENDENTS OF
MEMBERS OF THE COAST GUARD.
Not later than 180 days after the date of the enactment of this Act,
the Commandant of the Coast Guard shall establish a policy to allow the
transfer of a member of the Coast Guard whose dependent is the victim
of sexual assault perpetrated by a member of the Armed Forces who is
not related to the victim.
SEC. 404. TOWING VESSELS; OPERATION OUTSIDE THE BOUNDARY LINE.
(a) Interim Exemption.--A towing vessel to which this section applies
is exempt from any additional requirements of subtitle II of title 46,
United States Code, and chapter I of title 33 and chapter I of title
46, Code of Federal Regulations, that would result solely from such
vessel operating outside the Boundary Line (as such term is defined in
section 103 of title 46, United States Code) if such vessel--
(1) is listed as a response vessel on a vessel response plan
and is operating outside the Boundary Line solely to perform
duties of a response vessel; or
(2) is operating outside the Boundary Line solely to perform
operations necessary to escort a vessel with limited
maneuverability.
(b) Applicability.--This section applies to a towing vessel--
(1) that is subject to inspection under chapter 33 of title
46, United States Code, and subchapter M of title 46, Code of
Federal Regulations;
(2) with only ``Lakes, Bays, and Sounds'' or ``Rivers''
routes recorded on such vessel's certificate of inspection
under section 136.230 of title 46, Code of Federal Regulations;
and
(3)(A) that, with respect to a vessel that is described in
subsection (a)(1), is listed--
(i) on a vessel response plan under part 155 of title
33, Code of Federal Regulations, on the date of
approval of the vessel response plan; or
(ii) by name or reference in the vessel response
plan's geographic-specific appendix on the date of
approval of the vessel response plan; or
(B) that, with respect to a vessel described in subsection
(a)(2), is regularly engaged in harbor assist operations,
including the docking, undocking, mooring, unmooring, and
escorting of vessels with limited maneuverability.
(c) Limitations.--A vessel exempted under subsection (a) is subject
to the following operating limitations:
(1) Response vessels.--The voyage of a vessel exempted under
subsection (a)(1) shall--
(A) be less than 12 hours, or in the case of a voyage
in the territorial waters of Alaska, Guam, Hawaii, and
American Samoa, have sufficient manning as determined
by the Secretary; and
(B) originate and end in the inspection zone of a
single Officer In-Charge, Marine Inspection, as defined
in section 3305(d)(4) of title 46, United States Code.
(2) Escort vessels.--The voyage of a vessel exempted under
subsection (a)(2) shall--
(A) be less than 12 hours in total duration;
(B) originate and end in the inspection zone of a
single Officer In-Charge, Marine Inspection, as such
term is defined in section 3305(d)(4) of title 46,
United States Code; and
(C) occur no further than 10 nautical miles from the
Boundary Line.
(d) Termination.--The interim exemption provided under subsection (a)
shall terminate on July 22, 2023.
(e) Restriction.--The Officer In-Charge, Marine Inspection, as
defined in section 3305(d)(4) of title 46, United States Code, for an
inspection zone may restrict operations under the exemptions provided
under subsection (a) for safety purposes.
(f) Briefing.--Not later than July 22, 2022, the Commandant of the
Coast Guard shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate regarding the
following:
(1) The impacts of the interim exemptions provided under this
section.
(2) Any safety concerns regarding the expiration of such
interim exemptions.
(3) Whether such interim exemptions should be extended or
made permanent in the interests of safety.
SEC. 405. COAST GUARD AUTHORITIES STUDY.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall seek to enter into an arrangement with the
National Academy of Sciences not later than 60 days after the date of
the enactment of this Act under which the Academy shall prepare an
assessment of Coast Guard authorities.
(b) Assessment.--The assessment under subsection (a) shall provide--
(1) an examination of emerging issues that may require Coast
Guard oversight, regulation, or action;
(2) a description of potential limitations and shortcomings
of relying on current Coast Guard authorities to address
emerging issues; and
(3) an overview of adjustments and additions that could be
made to existing Coast Guard authorities to fully address
emerging issues.
(c) Report to the Congress.--Not later than 1 year after entering
into an arrangement with the Secretary under subsection (a), the
National Academy of Sciences shall submit the assessment under this
section to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(d) Emerging Issues.--In this section, the term ``emerging issues''
means changes in the maritime industry and environment that in the
determination of the National Academy of Sciences are reasonably likely
to occur within 10 years after the date of the enactment of this Act,
including--
(1) the introduction of new technologies in the maritime
domain;
(2) the advent of new processes or operational activities in
the maritime domain; and
(3) changes in the use of navigable waterways.
SEC. 406. CLOUD COMPUTING STRATEGY.
Not later than 180 days after the date of the enactment of this Act,
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
detailed description of the Coast Guard's strategy to implement cloud
computing for the entire Coast Guard, including--
(1) the goals and acquisition strategies for all proposed
enterprise-wide cloud computing service procurements;
(2) a strategy to sustain competition and innovation
throughout the period of performance of each contract for
procurement of cloud-computing goods and services for the Coast
Guard, including defining opportunities for multiple cloud-
service providers and insertion of new technologies;
(3) an assessment of potential threats and security
vulnerabilities of the strategy, and plans to mitigate such
risks; and
(4) an estimate of the cost and timeline to implement cloud
computing service for all Coast Guard computing.
SEC. 407. REPORT ON EFFECTS OF CLIMATE CHANGE ON COAST GUARD.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commandant of the Coast Guard shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on vulnerabilities of Coast Guard
installations and requirements resulting from climate change over the
next 20 years.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A list of the 10 most vulnerable Coast Guard
installations based on the effects of climate change, including
rising sea tides, increased flooding, drought, desertification,
wildfires, thawing permafrost, or any other categories the
Commandant determines necessary.
(2) An overview of--
(A) mitigations that may be necessary to ensure the
continued operational viability and to increase the
resiliency of the identified vulnerable installations;
and
(B) the cost of such mitigations.
(3) A discussion of the climate-change-related effects on the
Coast Guard, including--
(A) the increase in the frequency of humanitarian
assistance and disaster relief missions; and
(B) campaign plans, contingency plans, and
operational posture of the Coast Guard.
(4) An overview of mitigations that may be necessary to
ensure mission resiliency and the cost of such mitigations.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 408. SHORE INFRASTRUCTURE.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commandant of the Coast Guard shall--
(1) develop a plan to standardize Coast Guard facility
condition assessments;
(2) establish shore infrastructure performance goals,
measures, and baselines to track the effectiveness of
maintenance and repair investments and provide feedback on
progress made;
(3) develop a process to routinely align the Coast Guard
shore infrastructure portfolio with mission needs, including
disposing of unneeded assets;
(4) establish guidance for planning boards to document
inputs, deliberations, and project prioritization decisions for
infrastructure maintenance projects;
(5) employ models for Coast Guard infrastructure asset lines
for--
(A) predicting the outcome of investments in shore
infrastructure;
(B) analyzing tradeoffs; and
(C) optimizing decisions among competing investments;
(6) include supporting details about competing project
alternatives and report tradeoffs in congressional budget
requests and related reports; and
(7) explore the development of real property management
expertise within the Coast Guard workforce, including members
of the Senior Executive Service.
(b) Briefing.--Not later than December 31, 2020, the Commandant of
the Coast Guard shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on the status of
the actions required under subsection (a).
SEC. 409. PHYSICAL ACCESS CONTROL SYSTEM REPORT.
Not later 180 days after the date of the enactment of this Act and
annually for each of the 4 years thereafter, 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 report regarding
the status of the Coast Guard's compliance with Homeland Security
Presidential Directive 12 (HSPD-12) and Federal Information Processing
Standard 201 (FIPS-201), including--
(1) the status of Coast Guard efforts to field a
comprehensive Physical Access Control System at Coast Guard
installations and locations necessary to bring the Service into
compliance with HSPD-12 and FIPS-201B;
(2) the status of the selection of a technological solution;
(3) the estimated phases and timeframe to complete the
implementation of such a system; and
(4) the estimated cost for each phase of the project.
SEC. 410. COASTWISE ENDORSEMENTS.
(a) ``Safari Voyager''.--
(1) In general.--Notwithstanding sections 12112 and 12132 of
title 46, United States Code, the Secretary of the department
in which the Coast Guard is operating shall issue a certificate
of documentation with a coastwise endorsement for the vessel
Safari Voyager (International Maritime Organization number
8963753).
(2) Revocation of effectiveness of certificate.--A
certificate of documentation issued under paragraph (1) is
revoked on the date of the sale of the vessel or the entity
that owns the vessel.
(b) ``Pacific Provider''.--
(1) In general.--Notwithstanding sections 12112 and 12132 of
title 46, United States Code, the Secretary of the department
in which the Coast Guard is operating may issue a certificate
of documentation with a coastwise endorsement for the vessel
Pacific Provider (United States official number 597967).
(2) Revocation of effectiveness of certificate.--A
certificate of documentation issued under paragraph (1) is
revoked on the date of the sale of the vessel or the entity
that owns the vessel.
(c) Documentation of LNG Tankers.--Section 7(b)(3) of the America's
Cup Act of 2011 (Public Law 112-61) is amended by--
(1) striking ``The coastwise endorsement issued'' and
inserting ``No coastwise endorsement shall be issued''; and
(2) striking ``shall expire on'' and inserting ``after''.
(d) Replacement Vessel.--Notwithstanding section 208(g)(5) of the
American Fisheries Act (Public Law 105-277; 16 U.S.C. 1851 note), a
vessel eligible under section 208(e)(21) of such Act that is replaced
under section 208(g) of such Act shall be subject to a sideboard
restriction catch limit of zero metric tons in the Bering Sea and
Aleutian Islands and in the Gulf of Alaska unless that vessel is also a
replacement vessel under section 679.4(o)(4) of title 50, Code of
Federal Regulations, in which case such vessel shall not be eligible to
be a catcher/processor under section 206(b)(2) of such Act.
SEC. 411. POLAR SECURITY CUTTER ACQUISITION REPORT.
Not later than one year after the date of the enactment of this Act,
the Commandant of the Coast Guard shall submit a report to the
Committees on Transportation and Infrastructure and Armed Services of
the House of Representatives, and the Committees on Commerce, Science
and Transportation and Armed Services of the Senate on--
(1) the extent to which specifications, key drawings, and
detail design for the Polar Security Cutter are complete before
the start of construction;
(2) the extent to which Polar Security Cutter hulls numbers
one, two, and three are science ready; and
(3) what actions will be taken to ensure that Polar Security
Cutter hull number four is science capable, as described in the
National Academies of Sciences, Engineering, and Medicine's
Committee on Polar Icebreaker Cost Assessment letter report
entitled ``Acquisition and Operation of Polar Icebreakers:
Fulfilling the Nation's Needs'' and dated July 11, 2017.
SEC. 412. SENSE OF THE CONGRESS ON THE NEED FOR A NEW GREAT LAKES
ICEBREAKER.
(a) Findings.--The Congress finds the following:
(1) The Great Lakes shipping industry is crucial to the
American economy, including the U.S. manufacturing base,
providing important economic and national security benefits.
(2) A recent study found that the Great Lakes shipping
industry supports 237,000 jobs and tens of billions of dollars
in economic activity.
(3) United States Coast Guard icebreaking capacity is crucial
to full utilization of the Great Lakes shipping system, as
during the winter icebreaking season up to 15 percent of annual
cargo loads are delivered and many industries would have to
reduce their production if Coast Guard icebreaking services
were not provided.
(4) Six of the Coast Guard's nine icebreaking cutters in the
Great Lakes are more than 30 years old and are frequently
inoperable during the winter icebreaking season, including
those that have completed a recent service life extension
program.
(5) During the previous 10 winters, Coast Guard Great Lakes
icebreaking cutters have been inoperable for an average of 65
cutter-days during the winter icebreaking season, with this
annual lost capability exceeding 100 cutter-days, with a high
of 246 cutter-days during the winter of 2017-2018.
(6) The 2019 ice season provides further proof that current
Coast Guard icebreaking capacity is inadequate for the needs of
the Great Lakes shipping industry, as only six of the nine
icebreaking cutters are operational and millions of tons of
cargo was not loaded or was delayed due to inadequate Coast
Guard icebreaking assets during a historically average winter
for Great Lakes ice coverage.
(7) The Congress has authorized the Coast Guard to acquire a
new Great Lakes icebreaker as capable as Coast Guard Cutter
MACKINAW (WLBB-30), the most capable Great Lakes icebreaker,
and $10 million has been appropriated to fund the design and
initial acquisition work for this icebreaker.
(8) The Coast Guard has not initiated a new acquisition
program for this Great Lakes icebreaker.
(b) Sense of the Congress.--It is the sense of the Congress of the
United States that a new Coast Guard icebreaker as capable as Coast
Guard Cutter MACKINAW (WLBB-30) is needed on the Great Lakes and the
Coast Guard should acquire this icebreaker as soon as possible.
SEC. 413. CARGO PREFERENCE STUDY.
(a) In General.--The Comptroller General of the United States shall
conduct an audit regarding the enforcement of the United States cargo
preference program under section 55305 of title 46, United States Code.
(b) Scope.--The audit conducted under subsection (a) shall include--
(1) a description of the agencies and organizations required
to comply with cargo preference requirements;
(2) an analysis of the compliance or noncompliance of such
agencies and organizations with such requirements, including
details of--
(A) the total amount of international oceangoing
cargo shipped by each such agency and organization; and
(B) the percentage of such cargo shipped on cargo
preference-compliant vessels; and
(3) an overview of enforcement activities undertaken by the
Maritime Administration from October 14, 2008, until the date
of the enactment of this Act, including a listing of all bills
of lading collected by the Maritime Administration during that
period.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report detailing the results of the audit required under subsection (a)
and providing recommendations related to such results.
SEC. 414. INSIDER THREAT PROGRAM.
Not later than 180 days after the date of the enactment of this Act,
the Commandant of the Coast Guard shall brief the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
a plan to expand the Coast Guard Insider Threat program to include the
monitoring of all Coast Guard devices, including mobile devices.
SEC. 415. FISHING SAFETY GRANTS.
The cap on the Federal share of the cost of any activity carried out
with a grant under subsections (i) and (j) of section 4502 of title 46,
United States Code, as in effect prior to the date of enactment of the
Frank LoBiondo Coast Guard Authorization Act of 2018, shall apply to
any funds appropriated under the Consolidated Appropriations Act, 2017
(Public Law 115-31) for the purpose of making such grants.
SEC. 416. PLANS FOR DEMONSTRATION PROGRAMS.
(a) In General.--The Commandant of the Coast Guard shall develop
plans for demonstration programs that will assess the feasibility of
using unmanned aircraft systems for surveillance of marine protected
areas, the transit zone, and the Arctic to--
(1) gather regular maritime domain awareness of such areas;
(2) ensure sufficient response to illegal activities in
marine protected areas, the transit zone, and the Arctic; and
(3) collaborate with local, State, and Tribal authorities and
international partners for surveillance permissions over their
waters.
(b) Requirements.--The plans required under subsection (a) shall
include--
(1) discussion of the feasibility, safety, and cost
effectiveness of using unmanned aerial vehicles for the
purposes of enhancing maritime domain awareness in marine
protected areas;
(2) coordination and communication plans to facilitate
coordination with other relevant Federal, State, Tribal, and
local agencies, and international partners;
(3) consideration of the potential impacts of such a
demonstration program on the Coast Guard's existing unmanned
vehicle programs;
(4) an overview of areas that could be surveilled under such
program;
(5) a timeline and technical milestones for the
implementation of such a program;
(6) resource requirements to implement and sustain such a
program; and
(7) the operational benefits of such a program.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Commandant shall brief the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on the plans
required under subsection (a).
(d) Definitions.--In this section:
(1) Arctic.--The term ``Arctic'' has the meaning given that
term in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).
(2) Marine protected area.--The term ``marine protected
area'' means any discrete area of the marine environment under
a Federal statute.
(3) Transit zone.--The term ``transit zone'' has the meaning
given that term in section 1092(a)(8) of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 223(a)(8)).
(4) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given that term in section 331 of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101
note).
SEC. 417. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED STATES FOR
CERTAIN PURPOSES.
The Coalbank Slough in Coos Bay, Oregon, is deemed to not be
navigable waters of the United States for all purposes of subchapter J
of Chapter I of title 33, Code of Federal Regulations.
SEC. 418. COAST GUARD HOUSING; STATUS AND AUTHORITIES BRIEFING.
Not later than 180 days after the date of the enactment of this Act,
the Commandant of the Coast Guard shall provide to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
briefing on Coast Guard housing, including--
(1) a description of the material condition of Coast Guard
housing facilities;
(2) the amount of current Coast Guard housing construction
and deferred maintenance backlogs;
(3) an overview of the manner in which the Coast Guard
manages and maintains housing facilities;
(4) a discussion of whether reauthorizing housing authorities
for the Coast Guard similar to those provided in section 208 of
the Coast Guard Authorization Act of 1996 (Public Law 104-324);
and
(5) recommendations regarding how the Congress could adjust
those authorities to prevent mismanagement of Coast Guard
housing facilities.
SEC. 419. CONVEYANCE OF COAST GUARD PROPERTY AT POINT SPENCER, ALASKA.
(1) Section 533 of the Coast Guard Authorization Act of 2016
(Public Law 114-120) is amended by adding at the end the
following:
``(f) Remedial Actions.--For purposes of the transfers under this
section, the remedial actions required under section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)) may be completed by the United States Coast
Guard after the date of such transfer and a deed entered into for such
transfer shall include a clause granting the United States Coast Guard
access to the property in any case in which remedial action or
corrective action is found to be necessary after the date of such
transfer.''.
(2) Section 534(a) of the Coast Guard Authorization Act of
2016 (Public Law 114-120) is amended by--
(A) striking ``Nothing'' and inserting ``After the
date on which the Secretary of the Interior conveys
land under section 533 of this Act, nothing''; and
(B) by inserting ``, with respect to contaminants on
such land prior to the date on which the land is
conveyed'' before the period.
SEC. 420. PROHIBITION.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall not establish anchorage grounds on the Hudson
River between Yonkers, New York, and Kingston, New York, under section
7 of the Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 471)
or chapter 700 of title 46, United States Code, in addition to any
anchorage grounds in effect in such area on the date of the enactment
of this Act.
(b) Restriction.--The Commandant may not establish or expand any
anchorages outside of the reach on the Hudson River described in
subsection (a) without first providing notice 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 prior to the establishment or expansion of any
such anchorages.
SEC. 421. CERTIFICATE EXTENSIONS.
(a) In General.--Subchapter I of chapter 121 of title 46, United
States Code, is amended by adding at the end the following:
``Sec. 12108. Authority to extend the duration of vessel certificates
``(a) Certificates.--Provided a vessel is in compliance with
inspection requirements in section 3313, the Secretary of the
Department in which in the Coast Guard is operating may, if he makes
the determination described in subsection (b), extend for a period of
not more than one year an expiring---
``(1) certificate of documentation issued for a vessel under
chapter 121; or
``(2) certificate of financial responsibility required for a
vessel by section 1016(a) of the Oil Pollution Act of 1990 (33
U.S.C. 2716(a)) or Section 108 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9608).
``(b) Determination.--The determination referred to in subsection (a)
is a determination that such extension is required to enable the Coast
Guard to--
``(1) eliminate a backlog in processing applications for such
certificates; or
``(2) act in response to a national emergency or natural
disaster.
``(c) Manner of Extension.--Any extension granted under this section
may be granted to individual vessels or to a specifically identified
group of vessels.''.
(b) Clerical Amendment.--The analysis for such subchapter is amended
by adding at the end the following:
``12108. Authority to extend the duration of vessel certificates.''.
SEC. 422. HOMELAND SECURITY ROTATIONAL CYBERSECURITY RESEARCH PROGRAM
AT THE COAST GUARD ACADEMY.
(a) In General.--Subtitle E of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding at the end the
following:
``SEC. 846. ROTATIONAL CYBERSECURITY RESEARCH PROGRAM.
``To enhance the Department's cybersecurity capacity, the Secretary
may establish a rotational research, development, and training program
for--
``(1) detail to the Cybersecurity and Infrastructure Security
Agency (including the national cybersecurity and communications
integration center authorized by section 2209) of Coast Guard
Academy graduates and faculty; and
``(2) detail to the Coast Guard Academy, as faculty, of
individuals with expertise and experience in cybersecurity who
are employed by--
``(A) the Agency (including the center);
``(B) the Directorate of Science and Technology; or
``(C) institutions that have been designated by the
Department as a Center of Excellence for Cyber Defense,
or the equivalent.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following:
``Sec. 846. Rotational cybersecurity research program.''.
SEC. 423. TOWING VESSEL INSPECTION FEES.
Notwithstanding section 9701 of title 31, United States Code, and
section 2110 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may not charge an
inspection fee for towing vessels required to have a Certificate of
Inspection under subchapter M of title 46, Code of Federal Regulations,
until--
(1) the completion of the review required under section 815
of the Frank LoBiondo Coast Guard Authorization Act of 2018
(Public Law 115-282); and
(2) the promulgation of regulations to establish specific
inspection fees for such vessels.
SEC. 424. SUBROGATED CLAIMS.
(a) In General.--Section 1012(b) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(b)) is amended--
(1) by striking ``The'' and inserting the following:
``(1) In general.--The''; and
(2) by adding at the end the following:
``(2) Subrogated rights.--Except for a guarantor claim
pursuant to a defense under section 1016(f)(1), Fund
compensation of any claim by an insurer or other indemnifier of
a responsible party or injured third party is subject to the
subrogated rights of that responsible party or injured third
party to such compensation.''.
(b) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of enactment of this
Act.
SEC. 425. LOAN PROVISIONS UNDER OIL POLLUTION ACT OF 1990.
(a) In General.--Section 1013 of the Oil Pollution Act of 1990 (33
U.S.C. 2713) is amended by striking subsection (f).
(b) Conforming Amendments.--Section 1012(a) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)) is amended--
(1) in paragraph (4), by adding ``and'' after the semicolon
at the end;
(2) in paragraph (5)(D), by striking ``; and'' and inserting
a period; and
(3) by striking paragraph (6).
SEC. 426. LIABILITY LIMITS.
Section 1004(d)(2) of the Oil Pollution Act of 1990 (33 U.S.C.
2704(d)(2)) is amended to read as follows:
``(2) Deepwater ports and associated vessels.--
``(A) In general.--If the Secretary determines that
the design and operation of a deepwater port results in
a lower risk of oil pollution than the design and
operation of such deepwater ports as existed on the
date of the enactment of the Coast Guard Authorization
Act of 2019, the Secretary may initiate a rulemaking
proceeding to lower the limitation of liability under
subsection (a)(4) for such deepwater port and each
other deepwater port which achieves such lower risk
level through such port's design and operation.
``(B) Risk determination.--In determining the risk of
oil pollution, the Secretary shall take into account,
as applicable--
``(i) the size of the deepwater ports and
associated vessels;
``(ii) oil storage capacity of the deepwater
ports and associated vessels;
``(iii) oil handling capacity of the
deepwater ports and associated vessels;
``(iv) oil throughput;
``(v) proximity to sensitive areas;
``(vi) type of oil handled;
``(vii) history of oil discharges; and
``(viii) such other factors relevant to the
oil pollution risks posed by the class or
category of deepwater port and associated
vessels as the Secretary determines
appropriate.
``(C) Limit of liability; transportation of oil.--For
deepwater ports used in connection with the
transportation of oil, the Secretary may establish a
limitation of liability under subparagraph (A) of not
more than $350,000,000 and not less than $50,000,000.
``(D) Limit of liability; transportation of natural
gas.--For deepwater ports used in connection with the
transportation of natural gas, the Secretary may
establish a limitation of liability under subparagraph
(A) of not more than $350,000,000 and not less than
$1,000,000.''.
SEC. 427. REPORT ON DRUG INTERDICTION IN THE CARIBBEAN BASIN.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, 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 report on drug interdiction in the
Caribbean basin.
(b) Content.--Such report shall include--
(1) a statement of the Coast Guard mission requirements for
drug interdiction in the Caribbean basin;
(2) the number of maritime surveillance hours and Coast Guard
assets used in each of fiscal years 2017 through 2019 to
counter the illicit trafficking of drugs and other related
threats throughout the Caribbean basin; and
(3) a determination of whether such hours and assets
satisfied the Coast Guard mission requirements for drug
interdiction in the Caribbean basin.
SEC. 428. VOTING REQUIREMENT.
Section 305(i)(1)(G)(iv) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1855(i)(1)(G)(iv)) is amended to read as
follows:
``(iv) Voting requirement.--The panel may act
only by the affirmative vote of at least five
of its members.''.
TITLE V--REORGANIZATION
SEC. 501. UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS.
(a) In General.--Subtitle II of title 46, United States Code, is
amended by striking chapter 45 and inserting the following:
``CHAPTER 45--UNINSPECTED COMMERCIAL INDUSTRY VESSELS
``Sec.
``4501. Application.
``4502. Definitions.
``4503. Safety standards.
``4504. Vessel construction.
``4505. Operating stability.
``4506. Training.
``4507. Vessel certification.
``4508. Alternate safety compliance program.
``4509. Substitute safety compliance program.
``4510. Enhanced substitute safety compliance program.
``4511. Prohibited acts.
``4512. Termination of unsafe operations.
``4513. Penalties.
``4514. Compliance; Secretary actions.
``4515. Exemptions.
``4516. Regulations; considerations and limitations.
``4517. Fishing safety grants.
``Sec. 4501. Application
``(a) In General.--Except as provided in subsection (b), this chapter
applies to an uninspected vessel that is a fishing vessel, fish
processing vessel, or fish tender vessel.
``(b) Carriage of Bulk Dangerous Cargoes.--This chapter does not
apply to the carriage of bulk dangerous cargoes regulated under chapter
37.
``Sec. 4502. Definitions
``In this chapter:
``(1) The term `accountable vessel' means a vessel to which
this chapter applies that--
``(A)(i) was built after December 31, 1988, or
undergoes a major conversion completed after that date;
and
``(ii) operates with more than 16 individuals on
board; or
``(B) in the case of a fish tender vessel, engages in
the Aleutian trade.
``(2) The term `auxiliary craft' means a vessel that is
carried onboard a fishing vessel and is normally used to
support fishing operations.
``(3)(A) The term `built' means, with respect to a vessel,
that the vessel's construction has reached any of the following
stages:
``(i) The vessel's keel is laid.
``(ii) 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.
``(B) In the case of a vessel greater than 79 feet in overall
length, for purposes of subparagraph (A)(i), a keel is deemed
to be laid when a marine surveyor affirms that a structure
adequate for serving as a keel for such vessel is in place and
identified for use in the construction of such vessel.
``(4) The term `subject vessel' means a vessel to which this
chapter applies that--
``(A) operates beyond 3 nautical miles from the
baseline from which the territorial sea of the United
States is measured or beyond 3 nautical miles from the
coastline of the Great Lakes;
``(B) operates with more than 16 individuals on
board; or
``(C) in the case of a fish tender vessel, engages in
the Aleutian trade.
``(5) The term `substitute-eligible vessel' means a fishing
vessel or fish tender vessel that is--
``(A) a subject vessel;
``(B) at least 50 feet overall in length, and not
more than 180 feet overall in length as listed on the
vessel's certificate of documentation or certificate of
number; and
``(C) built after February 8, 2016.
``Sec. 4503. Safety standards
``(a) In General.--The Secretary shall prescribe regulations that
require that each vessel to which this chapter applies shall be
equipped with--
``(1) readily accessible fire extinguishers capable of
promptly and effectively extinguishing a flammable or
combustible liquid fuel fire;
``(2) at least one readily accessible life preserver or other
lifesaving device for each individual on board;
``(3) an efficient flame arrestor, backfire trap, or other
similar device on the carburetors of each inboard engine that
uses gasoline as fuel;
``(4) the means to properly and efficiently ventilate
enclosed spaces, including engine and fuel tank compartments,
so as to remove explosive or flammable gases;
``(5) visual distress signals;
``(6) other equipment required to minimize the risk of injury
to the crew during vessel operations, if the Secretary
determines that a risk of serious injury exists that can be
eliminated or mitigated by that equipment; and
``(7) a placard as required by regulations prescribed under
section 10603(b).
``(b) Subject Vessels.--In addition to the requirements of subsection
(a), the Secretary shall prescribe regulations requiring that subject
vessels install, maintain, and use the following equipment:
``(1) Alerting and locating equipment, including emergency
position indicating radio beacons.
``(2)(A) Subject to subparagraph (B), a survival craft that--
``(i) ensures that no part of an individual is
immersed in water; and
``(ii) is sufficient to accommodate all individuals
on board.
``(B) Except for a nonapplicable vessel, an auxiliary craft
shall satisfy the equipment requirement under paragraph (2)(B)
if such craft is--
``(i) necessary for normal fishing operations;
``(ii) readily accessible during an emergency; and
``(iii) capable, in accordance with the Coast Guard
capacity rating, when applicable, of safely holding all
individuals on board the vessel to which the craft
functions as an auxiliary.
``(3) At least one readily accessible immersion suit for each
individual on board the vessel when operating on the waters
described in section 3102.
``(4) Marine radio communications equipment sufficient to
effectively communicate with a land-based search and rescue
facility.
``(5) Navigation equipment, including compasses, nautical
charts, and publications.
``(6) First aid equipment and medical supplies sufficient for
the size and area of operation of the vessel.
``(7) Ground tackle sufficient for the vessel.
``(c) Accountable Vessels.--In addition to the requirements described
in subsections (a) and (b), the Secretary may prescribe regulations
establishing minimum safety standards for accountable vessels,
including standards relating to--
``(1) navigation equipment, including radars and fathometers;
``(2) lifesaving equipment, immersion suits, signaling
devices, bilge pumps, bilge alarms, life rails, and grab rails;
``(3) fire protection and firefighting equipment, including
fire alarms and portable and semiportable fire extinguishing
equipment;
``(4) use and installation of insulation material;
``(5) storage methods for flammable or combustible material;
and
``(6) fuel, ventilation, and electrical systems.
``Sec. 4504. Vessel construction
``A vessel to which this chapter applies shall be constructed in a
manner that provides a level of safety equivalent to the minimum safety
standards the Secretary may establish for recreational vessels under
section 4302, if the vessel is--
``(1) a subject vessel;
``(2) less than 50 feet overall in length; and
``(3) built after January 1, 2010.
``Sec. 4505. Operating stability
``(a) Regulations.--The Secretary shall prescribe regulations for the
operating stability of a vessel to which this chapter applies--
``(1) that was built after December 31, 1989; or
``(2) the physical characteristics of which are substantially
altered after December 31, 1989, in a manner that affects the
vessel's operating stability.
``(b) Evidence of Compliance.--The Secretary may accept, as evidence
of compliance with this section, a certification of compliance issued
by the person providing insurance for the vessel or by another
qualified person approved by the Secretary.
``Sec. 4506. Training
``(a) In General.--The individual in charge of a subject vessel must
pass a training program approved by the Secretary that meets the
requirements of subsection (b) and hold a valid certificate issued
under that program.
``(b) Training Program Requirements.--The training program shall--
``(1) be based on professional knowledge and skill obtained
through sea service and hands-on training, including training
in seamanship, stability, collision prevention, navigation,
firefighting and prevention, damage control, personal survival,
emergency medical care, emergency drills, and weather;
``(2) require an individual to demonstrate ability to
communicate in an emergency situation and understand
information found in navigation publications;
``(3) recognize and give credit for recent past experience in
fishing vessel operation; and
``(4) provide for issuance of a certificate to an individual
who has successfully completed the program.
``(c) Regulations.--The Secretary shall prescribe regulations
implementing this section. The regulations shall require that an
individual who is issued a certificate under subsection (b)(4) must
complete refresher training at least once every 5 years as a condition
of maintaining the validity of the certificate.
``(d) Electronic Database.--The Secretary shall establish an
electronic database listing the names of individuals who have
participated in and received a certificate confirming successful
completion of a training program approved by the Secretary under this
section.
``Sec. 4507. Vessel certification
``(a) In General.--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 such other organization evidencing
compliance with this subsection.
``(b) Application.--
``(1) Except as provided in section 4509, this section
applies to a fish processing vessel to which this chapter
applies that--
``(A) is built after July 27, 1990; or
``(B) undergoes a major conversion completed after
that date.
``(2)(A) Except as provided in subparagraph (B), this section
applies to a subject vessel that is at least 50 feet overall in
length and is built after July 1, 2013.
``(B) This section does not apply to a substitute-eligible
vessel if such vessel complies with--
``(i) the substitute safety compliance program
established under section 4509; or
``(ii) the enhanced substitute safety compliance
program established by the Secretary under section
4510.
``Sec. 4508. Alternate safety compliance program
``(a) In General.--
``(1) The Secretary shall establish an alternate safety
compliance program developed in coordination with the
commercial fishing industry.
``(2) The program established under paragraph (1) may include
requirements for--
``(A) a specific region or fishery (or both); and
``(B) any combination of regions or fisheries (or
both).
``(b) Vessels Required To Comply.--Beginning on the date that is 3
years after the date the Secretary prescribes an alternate safety
compliance program, the following vessels shall comply with such
program:
``(1) A subject vessel that is--
``(A) at least 50 feet overall in length;
``(B) built before July 1, 2013; and
``(C) 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 date the Secretary prescribes an
alternate safety compliance program.
``(c) Exempt Vessels.--
``(1) Notwithstanding subsection (b), vessels owned by a
person that owns more than 30 vessels subject to that
subsection are not required to comply with alternate safety
compliance program requirements until January 1, 2030, if that
owner--
``(A) enters into a compliance agreement with the
Secretary that provides for a fixed schedule for all
such vessels owned by that person to meet requirements
of such paragraph by such date; and
``(B) is meeting such schedule.
``(2) A subject vessel that was classed before July 1, 2012,
is exempt from the requirements of this section if such
vessel--
``(A) remains subject to the requirements of a
classification society approved by the Secretary; and
``(B) has on board a certificate from that society.
``Sec. 4509. Substitute safety compliance program
``(a) In General.--The Secretary shall establish a substitute safety
compliance program for substitute-eligible vessels that includes the
following requirements:
``(1) A substitute-eligible vessel shall be designed by an
individual licensed by a State as a naval architect or marine
engineer, and the design shall incorporate standards equivalent
to those prescribed by a classification society to which the
Secretary has delegated authority under section 3316 or another
qualified organization approved by the Secretary for purposes
of this paragraph.
``(2) Construction of a substitute-eligible vessel shall be
overseen and certified as being in accordance with its design
by a marine surveyor of an organization accepted by the
Secretary.
``(3) A substitute-eligible vessel shall--
``(A) complete a stability test performed by a
qualified individual;
``(B) have written stability and loading instructions
from a qualified individual that are provided to the
owner or operator; and
``(C) have an assigned loading mark.
``(4) A substitute-eligible vessel shall not be substantially
altered without the review and approval of an individual
licensed by a State as a naval architect or marine engineer
before the beginning of such substantial alteration.
``(5) A substitute-eligible vessel shall undergo a condition
survey at least twice in 5 years, with not more than 3 years
between surveys, to the satisfaction of a marine surveyor of an
organization accepted by the Secretary.
``(6) A substitute-eligible vessel shall undergo an out-of-
water survey at least once every 5 years to the satisfaction of
a certified marine surveyor of an organization accepted by the
Secretary.
``(7) Once every 5 years, and at the time of a substantial
alteration to a substitute-eligible vessel, compliance of the
vessel with the requirements of paragraph (3) is reviewed and
updated as necessary.
``(8) For the life of a substitute-eligible vessel, the owner
of the vessel shall maintain records to demonstrate compliance
with this subsection and make such records readily available
for inspection by an official authorized to enforce this
chapter.
``(b) Compliance.--Section 4507 of this title shall not apply to a
substitute-eligible vessel that complies with the requirements of the
program established under this section.
``(c) Report.--Not later than February 8, 2026, 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 report that provides an analysis of the
adequacy of the substitute safety compliance program requirements
established under subsection (a) in maintaining the safety of
substitute-eligible fishing vessels and fish tender vessels and that
comply with such requirements.
``Sec. 4510. Enhanced substitute safety compliance program
``(a) In General.--If the report required under section 4509(c)
includes a determination that the substitute safety compliance program
established under section 4509(a) is not adequate or that additional
safety measures are necessary, then the Secretary may establish an
enhanced substitute safety compliance program for fishing vessels or
fish tender vessels (or both) that are substitute-eligible vessels and
that comply with the requirements of section 4509.
``(b) Requirements.--The enhanced substitute safety compliance
program established under this subsection shall include requirements
for--
``(1) vessel construction;
``(2) a vessel stability test;
``(3) vessel stability and loading instructions;
``(4) an assigned vessel loading mark;
``(5) a vessel condition survey at least twice in 5 years,
not more than 3 years apart;
``(6) an out-of-water vessel survey at least once every 5
years;
``(7) maintenance of records to demonstrate compliance with
the program, and the availability of such records for
inspection; and
``(8) such other aspects of vessel safety as the Secretary
considers appropriate.
``(c) Compliance.--Section 4507 shall not apply to a substitute-
eligible vessel that complies with the requirements of the program
established under this section.
``Sec. 4511. Prohibited acts
``A person may not operate a vessel in violation of this chapter or a
regulation prescribed under this chapter.
``Sec. 4512. Termination of unsafe operations
``An official authorized to enforce this chapter--
``(1) may direct the individual in charge of a vessel to
which this chapter applies to immediately take reasonable steps
necessary for the safety of individuals on board the vessel if
the official observes the vessel being operated in an unsafe
condition that the official believes creates an especially
hazardous condition, including ordering the individual in
charge to return the vessel to a mooring and to remain there
until the situation creating the hazard is corrected or ended;
and
``(2) may order the individual in charge of an uninspected
fish processing vessel that does not have on board the
certificate required under section 4507 to return the vessel to
a mooring and to remain there until the vessel is in compliance
with such section, unless the vessel is required to comply with
section 4508.
``Sec. 4513. Penalties
``(a) Civil Penalty.--The owner, charterer, managing operator, agent,
master, and individual in charge of a vessel to which this chapter
applies that is operated in violation of this chapter or a regulation
prescribed under this chapter may each be assessed a civil penalty by
the Secretary of not more than $10,260. Any vessel with respect to
which a penalty is assessed under this subsection is liable in rem for
the penalty.
``(b) Criminal Penalties.--An individual willfully violating this
chapter or a regulation prescribed under this chapter shall be fined
not more than $5,000, imprisoned for not more than one year, or both.
``Sec. 4514. Compliance; Secretary actions
``To ensure compliance with the requirements of this chapter, the
Secretary--
``(1) shall require the individual in charge of a subject
vessel to keep a record of equipment maintenance and required
instruction and drills;
``(2) shall examine at dockside a subject vessel at least
once every 5 years, but may require an exam at dockside every 2
years for certain subject vessels if requested by the owner or
operator; and
``(3) shall issue a certificate of compliance to a vessel
meeting the requirements of this chapter and satisfying the
requirements of paragraph (2).
``Sec. 4515. Exemptions
``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.
``Sec. 4516. Regulations; considerations and limitations
``In prescribing a regulation under this chapter, the Secretary--
``(1) shall consider the specialized nature and economics of
the operations and the character, design, and construction of
the vessel; and
``(2) may not require the alteration of a vessel or
associated equipment that was constructed or manufactured
before the effective date of such regulation.
``Sec. 4517. Fishing safety grants
``(a) Safety Training Grants.--
``(1) Establishment.--The Secretary of Health and Human
Services shall establish a Fishing Safety Training Grant
Program to provide funding to municipalities, port authorities,
other appropriate public entities, not-for-profit
organizations, and other qualified persons that provide
commercial fishing safety training.
``(2) Use of funds.--Entities receiving funds under this
section may use such funds--
``(A) to conduct fishing vessel safety training for
vessel operators and crewmembers that--
``(i) in the case of vessel operators, meets
the requirements of section 4506; and
``(ii) in the case of crewmembers, meets the
requirements of sections 4506(b)(1),
4506(b)(4), 4506(c), and 4506(d), and such
requirements of section 4506(b)(2) as are
appropriate for crewmembers; and
``(B) for purchase of safety equipment and training
aids for use in such fishing vessel safety training
programs.
``(3) Award criteria.--The Secretary of Health and Human
Services, in consultation with and based on criteria
established by the Commandant of the Coast Guard, shall award
grants under this subsection on a competitive basis.
``(4) Limitation on federal share of cost.--The Federal share
of the cost of any activity carried out with a grant under this
subsection shall not exceed 50 percent.
``(5) Authorization of appropriations.--There is authorized
to be appropriated $3,000,000 for each of fiscal years 2020 and
2021 for grants under this subsection.
``(b) Research Grant Program.--
``(1) Establishment.--The Secretary of Health and Human
Services shall establish a Fishing Safety Research Grant
Program to provide funding to individuals in academia, not-for-
profit organizations, businesses involved in fishing and
maritime matters, and other persons with expertise in fishing
safety, to conduct research on methods of improving the safety
of the commercial fishing industry, including vessel design,
emergency and survival equipment, enhancement of vessel
monitoring systems, communications devices, de-icing
technology, and severe weather detection.
``(2) Award criteria.--The Secretary of Health and Human
Services, in consultation with and based on criteria
established by the Commandant of the Coast Guard, shall award
grants under this subsection on a competitive basis.
``(3) Limitation on federal share of cost.--The Federal share
of the cost of any activity carried out with a grant under this
subsection shall not exceed 50 percent.
``(4) Authorization of appropriations.--There is authorized
to be appropriated $3,000,000 for each fiscal year 2020 and
2021 for activities under this subsection.''.
(b) Conforming Amendment.--Section 3104(d) of title 46, United States
Code, is amended by striking ``under section 4503(d)'' and inserting
``under section 4502(3)''.
(c) Safety Standards.--Not later than 90 days after the date of the
enactment of this Act, and without regard to the provisions of chapters
5 and 6 of title 5, United States Code, the Secretary of the department
in which the Coast Guard is operating shall promulgate the regulations
required by section 4503(b) of title 46, United States Code, as amended
by this section.
SEC. 502. TRANSFERS.
(a) Transfers of Provisions.--
(1) In general.--
(A) Section 215 of the Coast Guard and Maritime
Transportation Act of 2004 (Public Law 108-293; 14
U.S.C. 504 note) is redesignated as section 321 of
title 14, United States Code, transferred to appear
after section 320 of that title, and amended so that
the enumerator, section heading, typeface, and
typestyle conform to those appearing in other sections
in title 14, United States Code.
(B) Section 406 of the Maritime Transportation
Security Act of 2002 (Public Law (107-295; 14 U.S.C.
501 note) is redesignated as section 719 of title 14,
United States Code, transferred to appear after section
718 of that title, and amended so that the enumerator,
section heading, typeface, and typestyle conform to
those appearing in other sections in title 14, United
States Code.
(C) Section 1110 of title 14, United States Code, is
redesignated as section 5110 of that title, and
transferred to appear after section 5109 of that title.
(D) Elevation of disputes to the chief acquisition
officer.--
(i) Section 401 of the Coast Guard
Authorization Act of 2010 (Public Law 111-281)
is amended by striking subsection (e).
(ii) Subchapter I of chapter 11 of title 14,
United States Code, as amended by this Act, is
amended by adding at the end the following:
``Sec. 1110. Elevation of Disputes to the Chief Acquisition Officer
``If, after 90 days following the elevation to the Chief Acquisition
Officer of any design or other dispute regarding level 1 or level 2
acquisition, the dispute remains unresolved, the Commandant shall
provide to the appropriate congressional committees a detailed
description of the issue and the rationale underlying the decision
taken by the Chief Acquisition Officer to resolve the issue.''.
(E) Section 217 of the Coast Guard Authorization Act
of 2010 (Public Law 111-281; 14 U.S.C. 504 note)--
(i) is redesignated as section 5111 of title
14, United States Code, transferred to appear
after section 5110 of that title, and amended
so that the enumerator, section heading,
typeface, and typestyle conform to those
appearing in other sections in title 14, United
States Code; and
(ii) is amended--
(I) by striking the heading and
inserting the following:
``Sec. 5111. Sexual assault and sexual harassment in the Coast Guard'';
and
(II) in subsection (b), by adding at
the end the following:
``(5)(A) The number of instances in which a covered
individual was accused of misconduct or crimes considered
collateral to the investigation of a sexual assault committed
against the individual.
``(B) The number of instances in which adverse action was
taken against a covered individual who was accused of
collateral misconduct or crimes as described in subparagraph
(A).
``(C) The percentage of investigations of sexual assaults
that involved an accusation or adverse action against a covered
individual as described in subparagraphs (A) and (B).
``(D) In this paragraph, the term `covered individual' means
an individual who is identified as a victim of a sexual assault
in the case files of a military criminal investigative
organization.''.
(F) Section 305 of title 46, United States Code, is
amended--
(i) by striking ``The Federal'' and inserting
``(a) In General.--The Federal''; and
(ii) by inserting after section (a) the
following:
``(b) Transparency.--
``(1) In general.--In conjunction with the transmittal by the
President to the Congress of the Budget of the United States
for fiscal year 2021 and biennially there-after, the Federal
Maritime Commission shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives reports that describe the Commission's progress
toward addressing the issues raised in each unfinished
regulatory proceeding, regardless of whether the proceeding if
subject to a statutory or regulatory deadline.
``(2) Format of reports.--Each report under paragraph (1)
shall, among other things, clearly identify for each unfinished
regulatory proceeding--
``(A) the popular title;
``(B) the current stage of the proceeding;
``(C) an abstract of the proceeding;
``(D) what prompted the action in question;
``(E) any applicable statutory, regulatory, or
judicial deadline;
``(F) the associated docket number;
``(G) the date the rulemaking was initiated;
``(H) a date for the next action; and
``(I) if a date for the next action identified in the
previous report is not met, the reason for the
delay.''.
(G) Section 7 of the Rivers and Harbors
Appropriations Act of 1915 (33 U.S.C. 471) is amended--
(i) by transferring such section to appear
after section 70006 of title 46, United States
Code;
(ii) by striking ``Sec. 7.'' and inserting
``Sec. 70007. Establishment by Secretary of
Homeland Security of anchorage grounds and
regulations generally''; and
(iii) by adjusting the margins with respect
to subsections (a) and (b) for the presence of
a section heading accordingly.
(2) Clerical amendments.--
(A) The analysis for chapter 3 of title 14, United
States Code, as amended by this Act, is further amended
by adding at the end the following:
``321. Redistricting notification requirement.''.
(B) The analysis for chapter 7 of title 14, United
States Code, as amended by this Act, is further amended
by adding at the end the following:
``719. VHF communication services.''.
(C) The analysis for chapter 11 of title 14, United
States Code, is amended by striking the item relating
to section 1110 and inserting the following:
``1110. Elevation of disputes to the Chief Acquisition Officer.''.
(D) The analysis for chapter 51 of title 14, United
States Code, is amended by adding at the end the
following:
``5110. Mission need statement.
``5111. Sexual assault and sexual harassment in the Coast Guard.''.
(E) The analysis for chapter 700 of title 46, United
States Code, as amended by section 312(b), is further
amended by inserting after the item relating to section
70006 the following:
``70007. Establishment by the Secretary of Homeland Security of
anchorage grounds and regulations generally.''.
(b) Transfers.--
(1) Section 204 of the marine transportation security act.--
(A) The Maritime Transportation Security Act of 2002
is amended by striking section 204 (33 U.S.C. 1902a).
(B) Section 3 of the Act to Prevent Pollution from
Ships (33 U.S.C. 1902)--
(i) is amended by redesignating subsections
(e) through (i) as subsections (f) through (j)
respectively; and
(ii) by inserting after subsection (d) the
following:
``(e) Discharge of Agricultural Cargo Residue.--Notwithstanding any
other provision of law, the discharge from a vessel of any agricultural
cargo residue material in the form of hold washings shall be governed
exclusively by the provisions of the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.) that implement Annex V to the
International Convention for the Prevention of Pollution from Ships.''.
(2) LNG tankers.--
(A) The Coast Guard and Maritime Transportation Act
of 2006 is amended by striking section 304 (Public Law
109-241; 120 Stat. 527).
(B) Section 5 of the Deepwater Port Act of 1974 (33
U.S.C. 1504) is amended by adding at the end the
following:
``(j) LNG Tankers.--
``(1) Program.--The Secretary of Transportation shall develop
and implement a program to promote the transportation of
liquefied natural gas to the United States on United States
flag vessels.
``(2) Information to be provided.--When the Coast Guard is
operating as a contributing agency in the Federal Energy
Regulatory Commission's shoreside licensing process for a
liquefied natural gas or liquefied petroleum gas terminal
located on shore or within State seaward boundaries, the Coast
Guard shall provide to the Commission the information described
in section 5(c)(2)(K) of the Deepwater Port Act of 1974 (33
U.S.C. 1504(c)(2)(K)) with respect to vessels reasonably
anticipated to be servicing that port.''.
SEC. 503. REPEALS.
(a) License Exemptions; Repeal of Obsolete Provisions.--
(1) Service under licenses issued without examination.--
(A) Repeal.--Section 8303 of title 46, United States
Code, and the item relating to that section in the
analysis for chapter 83 of that title, are repealed.
(B) Conforming amendment.--Section 14305(a)(10) of
title 46, United States Code, is amended by striking
``sections 8303 and 8304'' and inserting ``section
8304''.
(2) Standards for tank vessels of the united states.--Section
9102 of title 46, United States Code, is amended--
(A) by striking ``(a)'' before the first sentence;
and
(B) by striking subsection (b).
(b) Repeal.--Section 343 of the Maritime Transportation Security Act
of 2002 (Public Law 107-295; 116 Stat. 2106) is repealed.
(c) Accident and Incident Notification.--Subsection (c) of section 9
of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of
2011 (Public Law 112-90; 125 Stat 1912)) is repealed and is deemed not
to have been enacted.
TITLE VI--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 601. MARITIME TRANSPORTATION SYSTEM.
(a) Maritime Transportation System.--Section 312(b)(4) of title 14,
United States Code, is amended by striking ``marine transportation
system'' and inserting ``maritime transportation system''.
(b) Clarification of Reference to Marine Transportation System
Programs.--Section 50307(a) of title 46, United States Code, is amended
by striking ``marine transportation'' and inserting ``maritime
transportation''.
SEC. 602. REFERENCES TO ``PERSONS'' AND ``SEAMEN''.
(a) Technical Correction of References to ``Persons''.--Title 14,
United States Code, is amended as follows:
(1) In section 312(d), by striking ``persons'' and inserting
``individuals''.
(2) In section 313(d)(2)(B), by striking ``person'' and
inserting ``individual''.
(3) In section 504--
(A) in subsection (a)(19)(B), by striking ``a
person'' and inserting ``an individual''; and
(B) in subsection (c)(4), by striking ``seamen;'' and
inserting ``mariners;''.
(4) In section 521, by striking ``persons'' each place it
appears and inserting ``individuals''.
(5) In section 522--
(A) by striking ``a person'' and inserting ``an
individual''; and
(B) by striking ``person'' the second and third place
it appears and inserting ``individual''.
(6) In section 525(a)(1)(C)(ii), by striking ``person'' and
inserting ``individual''.
(7) In section 526--
(A) by striking ``person'' each place it appears and
inserting ``individual'';
(B) by striking ``persons'' each place it appears and
inserting ``individuals''; and
(C) in subsection (b), by striking ``person's'' and
inserting ``individual's''.
(8) In section 709--
(A) by striking ``persons'' and inserting
``individuals''; and
(B) by striking ``person'' and inserting
``individual''.
(9) In section 933(b), by striking ``Every person'' and
inserting ``An individual''.
(10) In section 1102(d), by striking ``persons'' and
inserting ``individuals''.
(11) In section 1902(b)(3)--
(A) in subparagraph (A), by striking ``person or
persons'' and inserting ``individual or individuals'';
and
(B) in subparagraph (B), by striking ``person'' and
inserting ``individual''.
(12) In section 1941(b), by striking ``persons'' and
inserting ``individuals''.
(13) In section 2101(b), by striking ``person'' and inserting
``individual''.
(14) In section 2102(c), by striking ``A person'' and
inserting ``An individual''.
(15) In section 2104(b)--
(A) by striking ``persons'' and inserting
``individuals''; and
(B) by striking ``A person'' and inserting ``An
individual''.
(16) In section 2118(d), by striking ``person'' and inserting
``individual who is''.
(17) In section 2147(d), by striking ``a person'' and
inserting ``an individual''.
(18) In section 2150(f), by striking ``person'' and inserting
``individual who is''.
(19) In section 2161(b), by striking ``person'' and inserting
``individual''.
(20) In section 2317--
(A) by striking ``persons'' and inserting
``individuals'';
(B) by striking ``person'' each place it appears and
inserting ``individual''; and
(C) in subsection (c)(2), by striking ``person's''
and inserting ``individual's''.
(21) In section 2531--
(A) by striking ``person'' each place it appears and
inserting ``individual''; and
(B) by striking ``persons'' each place it appears and
inserting ``individuals''.
(22) In section 2709, by striking ``persons'' and inserting
``individuals''.
(23) In section 2710--
(A) by striking ``persons'' and inserting
``individuals''; and
(B) by striking ``person'' each place it appears and
inserting ``individual''.
(24) In section 2711(b), by striking ``person'' and inserting
``individual''.
(25) In section 2732, by striking ``a person'' and inserting
``an individual''.
(26) In section 2733--
(A) by striking ``A person'' and inserting ``An
individual''; and
(B) by striking ``that person'' and inserting ``that
individual''.
(27) In section 2734, by striking ``person'' each place it
appears and inserting ``individual''.
(28) In section 2735, by striking ``a person'' and inserting
``an individual''.
(29) In section 2736, by striking ``person'' and inserting
``individual''.
(30) In section 2737, by striking ``a person'' and inserting
``an individual''.
(31) In section 2738, by striking ``person'' and inserting
``individual''.
(32) In section 2739, by striking ``person'' and inserting
``individual''.
(33) In section 2740--
(A) by striking ``person'' and inserting
``individual''; and
(B) by striking ``one'' the second place it appears.
(34) In section 2741--
(A) in subsection (a), by striking ``a person'' and
inserting ``an individual'';
(B) in subsection (b)(1), by striking ``person's''
and inserting ``individual's''; and
(C) in subsection (b)(2), by striking ``person'' and
inserting ``individual''.
(35) In section 2743, by striking ``person'' each place it
appears and inserting ``individual''.
(36) In section 2744--
(A) in subsection (b), by striking ``a person'' and
inserting ``an individual''; and
(B) in subsections (a) and (c), by striking
``person'' each place it appears and inserting
``individual''.
(37) In section 2745, by striking ``person'' and inserting
``individual''.
(38)(A) In section 2761--
(i) in the section heading, by striking ``Persons''
and inserting ``Individuals'';
(ii) by striking ``persons'' and inserting
``individuals''; and
(iii) by striking ``person'' and inserting
``individual''.
(B) In the analysis for chapter 27, by striking the item
relating to section 2761 and inserting the following:
``2761. Individuals discharged as result of court-martial; allowances
to.''.
(39)(A) In the heading for section 2767, by striking
``persons'' and inserting ``individuals''.
(B) In the analysis for chapter 27, by striking the item
relating to section 2767 and inserting the following:
``2767. Reimbursement for medical-related travel expenses for certain
individuals residing on islands in the continental United States.''.
(40) In section 2769--
(A) by striking ``a person's'' and inserting ``an
individual's''; and
(B) in paragraph (1), by striking ``person'' and
inserting ``individual''.
(41) In section 2772(a)(2), by striking ``person'' and
inserting ``individual''.
(42) In section 2773--
(A) in subsection (b), by striking ``persons'' each
place it appears and inserting ``individuals''; and
(B) in subsection (d), by striking ``a person'' and
inserting ``an individual''.
(43) In section 2775, by striking ``person'' each place it
appears and inserting ``individual''.
(44) In section 2776, by striking ``person'' and inserting
``individual''.
(45)(A) In section 2777--
(i) in the heading, by striking ``persons'' and
inserting ``individuals''; and
(ii) by striking ``persons'' each place it appears
and inserting ``individuals''.
(B) In the analysis for chapter 27, by striking the item
relating to in section 2777 and inserting the following:
``2777. Clothing for destitute shipwrecked individuals.''.
(46) In section 2779, by striking ``persons'' each place it
appears and inserting ``individuals''.
(47) In section 2902(c), by striking ``person'' and inserting
``individual''.
(48) In section 2903(b), by striking ``person'' and inserting
``individual''.
(49) In section 2904(b)(1)(B), by striking ``a person'' and
inserting ``an individual''.
(50) In section 3706--
(A) by striking ``a person'' and inserting ``an
individual''; and
(B) by striking ``person's'' and inserting
``individual's''.
(51) In section 3707--
(A) in subsection (c)--
(i) by striking ``person'' and inserting
``individual''; and
(ii) by striking ``person's'' and inserting
``individual's''; and
(B) in subsection (e), by striking ``a person'' and
inserting ``an individual''.
(52) In section 3708, by striking ``person'' each place it
appears and inserting ``individual''.
(53) In section 3738--
(A) by striking ``a person'' each place it appears
and inserting ``an individual'';
(B) by striking ``person's'' and inserting
``individual's''; and
(C) by striking ``A person'' and inserting ``An
individual''.
(b) Correction of References to Persons and Seamen.--
(1) Section 2303a(a) of title 46, United States Code, is
amended by striking ``persons'' and inserting ``individuals''.
(2) Section 2306(a)(3) of title 46, United States Code, is
amended to read as follows:
``(3) An owner, charterer, managing operator, or agent of a vessel of
the United States notifying the Coast Guard under paragraph (1) or (2)
shall--
``(A) provide the name and identification number of the
vessel, the names of individuals on board, and other
information that may be requested by the Coast Guard; and
``(B) submit written confirmation to the Coast Guard within
24 hours after nonwritten notification to the Coast Guard under
such paragraphs.''.
(3) Section 7303 of title 46, United States Code, is amended
by striking ``seaman'' each place it appears and inserting
``individual''.
(4) Section 7319 of title 46, United States Code, is amended
by striking ``seaman'' each place it appears and inserting
``individual''.
(5) Section 7501(b) of title 46, United States Code, is
amended by striking ``seaman'' and inserting ``holder''.
(6) Section 7508(b) of title 46, United States Code, is
amended by striking ``individual seamen or a specifically
identified group of seamen'' and inserting ``an individual or a
specifically identified group of individuals''.
(7) Section 7510 of title 46, United States Code, is
amended--
(A) in subsection (c)(8)(B), by striking ``merchant
seamen'' and inserting ``merchant mariner''; and
(B) in subsection (d), by striking ``merchant
seaman'' and inserting ``merchant mariner''.
(8) Section 8103 of title 46, United States Code, is
amended--
(A) by striking ``seaman'' each place it appears and
inserting ``individual'';
(B) by striking ``seamen'' each place it appears and
inserting ``individuals'';
(C) in the headings for paragraphs (2) and (3) of
subsection (k), by striking ``seamen'' each place it
appears and inserting ``individuals'';
(D) in subsection (k)(3)(A)(iv)(II), by striking
``seaman's'' and inserting ``individual's''; and
(E) in subsection (k)(3)(C), by striking ``merchant
mariners'' each place it appears and inserting
``merchant mariner's''.
(9) Section 8104 of title 46, United States Code, is
amended--
(A) in subsection (c), by striking ``a licensed
individual or seaman'' and inserting ``an individual'';
(B) in subsection (d), by striking ``A licensed
individual or seaman'' and inserting ``An individual'';
(C) in subsection (e), by striking ``a seaman'' each
place it appears and inserting ``an individual''; and
(D) in subsection (j), by striking ``seaman'' and
inserting ``individual''.
(10) Section 8302(d) of title 46, United States Code, is
amended by striking ``3 persons'' and inserting ``3
individuals''.
(11) Section 11201 of title 46, United States Code, is
amended by striking ``a person'' each place it appears and
inserting ``an individual''.
(12) Section 11202 of title 46, United States Code, is
amended--
(A) by striking ``a person'' and inserting ``an
individual''; and
(B) by striking ``the person'' each place it appears
and inserting ``the individual''.
(13) Section 11203 of title 46, United States Code, is
amended--
(A) by striking ``a person'' each place it appears
and inserting ``an individual''; and
(B) in subsection (a)(2), by striking ``that person''
and inserting ``that individual''.
(14) Section 15109(i)(2) of title 46, United States Code, is
amended by striking ``additional persons'' and inserting
``additional individuals''.
SEC. 603. COMMON APPROPRIATION STRUCTURE.
(a) Amendments To Conform to Common Appropriations Structure.--
(1) Prospective payment of funds necessary to provide medical
care.--Section 506 of title 14, United States Code, is
amended--
(A) in subsection (a)(1), by inserting ``established
under chapter 56 of title 10'' after ``Medicare-
Eligible Retiree Health Care Fund''; and
(B) in subsection (b)(1), by striking ``operating
expenses'' and inserting ``operations and support''.
(2) Use of certain appropriated funds.--Section 903 of title
14, United States Code, is amended--
(A) in subsection (a), by striking ``acquisition,
construction, and improvement of facilities, for
research, development, test, and evaluation;'' and
inserting ``procurement, construction, and improvement
of facilities and for research and development''; and
(B) in subsection (d)(1), by striking ``operating
expenses'' and inserting ``operations and support''.
(3) Confidential investigative expenses.--Section 944 of
title 14, United States Code, is amended by striking
``necessary expenses for the operation'' and inserting
``operations and support''.
(4) Procurement of personnel.--Section 2701 of title 14,
United States Code, is amended by striking ``operating
expense'' and inserting ``operations and support''.
(5) Coast guard housing fund.--Section 2946(b)(2) of title
14, United States Code, is amended by striking ``acquisition''
and inserting ``procurement''.
(6) Requirement for prior authorization of appropriations.--
Section 4901 of title 14, United States Code, is amended--
(A) in paragraph (1), by striking ``maintenance'' and
inserting ``support'';
(B) in paragraph (2), by striking ``acquisition'' and
inserting ``procurement'';
(C) by striking paragraphs (3), (4), and (6);
(D) by redesignating paragraph (5) as paragraph (3);
and
(E) in paragraph (3), as so redesignated, by striking
``research, development, test, and evaluation'' and
inserting ``research and development''.
(b) Common Appropriation Structure.--Sections 3317(b), 7504, and
80505(b)(3) of title 46, United States Code, are each amended by
striking ``operating expenses'' and inserting ``operations and
support''.
(c) Common Appropriation Structure.--
(1) Oil spill liability trust fund.--Section 1012(a)(5)(A) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(A)) is
amended by striking ``operating expenses'' and inserting
``operations and support''.
(2) Historic light station sales.--Section 305106 of title
54, United States Code, is amended--
(A) in subsection (b)(1)(B)(i) by striking
``Operating Expenses'' and inserting ``Operations and
Support''; and
(B) in subsection (b)(2) by striking ``Operating
Expense'' and inserting ``Operations and Support'';
(3) Bridge permits.--Section 712(a)(2) of the Coast Guard and
Maritime Transportation Act of 2012 (Public Law 112-213; 126
Stat. 1582) is amended by striking ``operating expenses'' and
inserting ``operations and support''.
(4) Contracts.--Section 557(a) of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6;
127 Stat. 377) is amended by striking ``Acquisition'' and
inserting ``Procurement''.
(5) Child development services.--Section 214(d)(1) of the
Howard Coble Coast Guard and Maritime Transportation Act of
2014 (Public Law 113-281; 128 Stat. 3034) is amended by
striking ``operating expenses'' and inserting ``operations and
support''.
SEC. 604. REFERENCES TO ``HIMSELF'' AND ``HIS''.
(a) Section 1927 of title 14, United States Code, is amended by--
(1) striking ``of his initial'' and inserting ``of an
initial''; and
(2) striking ``from his pay'' and inserting ``from the pay of
such cadet''.
(b) Section 2108(b) of title 14, United States Code, is amended by
striking ``himself'' and inserting ``such officer''.
(c) Section 2732 of title 14, United States Code, as amended by this
Act, is further amended--
(1) by striking ``distinguishes himself conspicuously by''
and inserting ``displays conspicuous''; and
(2) by striking ``his'' and inserting ``such individual's''.
(d) Section 2736 of title 14, United States Code, as amended by this
Act, is further amended by striking ``distinguishes himself by'' and
inserting ``performs''.
(e) Section 2738 of title 14, United States Code, as amended by this
Act is further amended by striking ``distinguishes himself by'' and
inserting ``displays''.
(f) Section 2739 of title 14, United States Code, as amended by this
Act, is further amended by striking ``distinguishes himself by'' and
inserting ``displays''.
(g) Section 2742 of title 14, United States Code, is amended by
striking ``he distinguished himself'' and inserting ``of the acts
resulting in the consideration of such award''.
(h) Section 2743 of title 14, United States Code, as amended by this
Act, is further amended--
(1) by striking ``distinguishes himself''; and
(2) by striking ``he'' and inserting ``such individual''.
SEC. 605. REFERENCES TO ``MOTORBOATS'' AND ``YACHTS''.
(a) Correction of References to Motorboats and Yachts.--
(1) Section 3901(d)(4) of title 14, United States Code, is
amended by striking ``motor boats, yachts,'' and inserting
``vessels,''.
(2) Section 3903(1)(A) of title 14, United States Code, is
amended by striking ``motorboats, yachts'' and inserting
``vessels,''.
(3) Section 3907(a) of title 14, United States Code, is
amended--
(A) in the heading, by striking ``Motor Boats,
Yachts,'' and inserting ``Vessels,''; and
(B) by striking ``motorboat, yacht,'' and inserting
``vessels,''.
(4) Section 3908 of title 14, United States Code, is amended
by striking ``motorboat or yacht'' and inserting ``vessel''.
(5) Section 3911(a) of title 14, United States Code, is
amended by striking ``motorboat, yacht,'' each place it appears
and inserting ``vessel,''.
(6) Section 3912 of title 14, United States Code, is amended
by striking ``motorboat, yacht,'' and inserting ``vessel,''.
(7) Section 4101 of title 14, United States Code, is amended
by striking ``motorboats, yachts,'' and inserting ``vessels,''.
(8) Section 4102 of title 14, United States Code, is amended
by striking ``motorboat, yacht, or any other vessel,'' and
inserting ``or vessel,''.
(b) Conforming References to Yachts.--Title 46, United States Code,
is amended--
(1) in parts F and G of subtitle II, by striking ``yacht''
each place it appears and inserting ``recreational vessel'';
(2) in subtitle III--
(A) in section 30506(a), by striking ``pleasure
yachts'' and inserting ``recreational vessels''; and
(B) in section 30508(a), by striking ``pleasure
yachts'' and inserting ``recreational vessels''; and
(3) in section 60504--
(A) by striking ``yachts'' each place it appears and
inserting ``recreational vessels''; and
(B) by striking ``yacht'' and inserting
``recreational vessel''.
(c) Vessels.--Section 352(a)(4) of the Communications Act of 1934 (47
U.S.C. 352(a)(4)) is amended by striking ``Yachts'' and inserting
``Recreational vessels, as defined in section 2101(46) of title 46,
United States Code,''.
SEC. 606. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Miscellaneous Technical Corrections.--
(1) Section 3305(d)(3)(B) of title 46, United States Code, is
amended by striking ``Coast Guard Authorization Act of 2017''
and inserting ``Frank LoBiondo Coast Guard Authorization Act of
2018''.
(2) Section 4312 of title 46, United States Code, is amended
by striking ``Coast Guard Authorization Act of 2017'' each
place it appears and inserting ``Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282)''.
(3) The analysis for chapter 700 of title 46, United States
Code, is amended--
(A) by striking the item relating to the heading for
the first subchapter and inserting the following:
``subchapter i--vessel operations'';
(B) by striking the item relating to the heading for
the second subchapter and inserting the following:
``subchapter ii--ports and waterways safety'';
(C) by striking the items relating to the heading for
the third subchapter and inserting the following:
``subchapter iii--condition for entry into ports in the united states
``70021. Conditions for Entry Into Ports in the United States.'';
(D) by striking the item relating to the heading for
the fourth subchapter and inserting the following:
``subchapter iv--definitions regulations, enforcement, investigatory
powers, applicability'';
(E) by striking the item relating to the heading for
the fifth subchapter and inserting the following:
``subchapter v--regattas and marine parades'';
and
(F) by striking the item relating to the heading for
the sixth subchapter and inserting the following:
``subchapter vi--regulation of vessels in territorial waters of the
united states''.
(4) Section 70031 of title 46, United States Code, is amended
by striking ``A through C'' and inserting ``I through III''.
(5) Section 70032 of title 46, United States Code, is amended
by striking ``A through C'' and inserting ``I through III''.
(6) Section 70033 of title 46, United States Code, is amended
by striking ``A through C'' and inserting ``I through III''.
(7) Section 70034 of title 46, United States Code, is amended
by striking ``A through C'' each place it appears and inserting
``I through III''.
(8) Section 70035(a) of title 46, United States Code, is
amended by striking ``A through C'' and inserting ``I through
III''.
(9) Section 70036 of title 46, United States Code, is amended
by--
(A) striking ``A through C'' each place it appears
and inserting ``I through III''; and
(B) striking ``A, B, or C'' each place it appears and
inserting ``I, II, or III''.
(b) Alteration of Bridges; Technical Changes.--The Act of June 21,
1940 (33 U.S.C. 511 et seq.), popularly known as the Truman-Hobbs Act,
is amended by striking section 12 (33 U.S.C. 522).
(c) Report of Determination; Technical Correction.--Section 105(f)(2)
of the Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public Law
106-562) is amended by striking ``subsection (a),'' and inserting
``paragraph (1),''.
(d) Technical Corrections to Frank LoBiondo Coast Guard Authorization
Act of 2018.--
(1) Section 408 of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) and the item
relating to such section in section 2 of such Act are repealed,
and the provisions of law redesignated, transferred, or
otherwise amended by section 408 are amended to read as if such
section were not enacted.
(2) Section 514(b) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
striking ``Chapter 30'' and inserting ``Chapter 3''.
(3) Section 810(d) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
striking ``within 30 days after receiving the notice under
subsection (a)(1), the Secretary shall, by not later than 60
days after transmitting such notice,'' and inserting ``in
accordance within subsection (a)(2), the Secretary shall''.
(4) Section 820(a) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
striking ``years 2018 and'' and inserting ``year''.
(5) Section 820(b)(2) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
inserting ``and the Consolidated Appropriations Act, 2018
(Public Law 115-141)'' after ``(Public Law 115-31)''.
(6) Section 821(a)(2) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
striking ``Coast Guard Authorization Act of 2017'' and
inserting ``Frank LoBiondo Coast Guard Authorization Act of
2018''.
(7) This section shall take effect on the date of the
enactment of the Frank LoBiondo Coast Guard Authorization Act
of 2018 (Public Law 115-282) and apply as if included therein.
(e) Technical Correction.--Section 533(d)(2)(A) of the Coast Guard
Authorization Act of 2016 (Public Law 114-120) is amended by striking
``Tract 6'' and inserting ``such Tract''.
(f) Distant Water Tuna Fleet; Technical Corrections.--Section 421 of
the Coast Guard and Maritime Transportation Act of 2006 (Public Law
109-241) is amended--
(1) in subsection (a)--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding''; and
(B) by adding at the end the following:
``(2) Definition.--In this subsection, the term `treaty area'
has the meaning given the term in the Treaty on Fisheries
Between the Governments of Certain Pacific Island States and
the Government of the United States of America as in effect on
the date of the enactment of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241).''; and
(2) in subsection (c)--
(A) by striking ``12.6 or 12.7'' and inserting
``13.6''; and
(B) by striking ``and Maritime Transportation Act of
2012'' and inserting ``Authorization Act of 2019''.
SEC. 607. TECHNICAL CORRECTIONS RELATING TO CODIFICATION OF PORTS AND
WATERWAYS SAFETY ACT.
Effective upon the enactment of section 401 of the Frank LoBiondo
Coast Guard Authorization Act of 2018 (Public Law 115-282), and
notwithstanding section 402(e) of such Act--
(1) section 16 of the Ports and Waterways Safety Act, as
added by section 315 of the Countering America's Adversaries
Through Sanctions Act (Public Law 115-44; 131 Stat. 947)--
(A) is redesignated as section 70022 of title 46,
United States Code, transferred to appear after section
70021 of that title, and amended so that the
enumerator, section heading, typeface, and typestyle
conform to those appearing in other sections in title
46, United States Code; and
(B) as so redesignated and transferred, is amended--
(i) in subsections (b) and (e), by striking
``section 4(a)(5)'' each place it appears and
inserting ``section 70001(a)(5)'';
(ii) in subsection (c)(2), by striking ``not
later than'' and all that follows through
``thereafter,'' and inserting ``periodically'';
and
(iii) by striking subsection (h); and
(2) chapter 700 of title 46, United States Code, is amended--
(A) in section 70002(2), by inserting ``or 70022''
after ``section 70021'';
(B) in section 70036(e), by inserting ``or 70022''
after ``section 70021''; and
(C) in the analysis for such chapter--
(i) by inserting ``Sec.'' above the section
items, in accordance with the style and form of
such an entry in other chapter analyses of such
title; and
(ii) by striking the item relating to section
70021 and inserting the following:
``70021. Conditions for entry to ports in the United States
``70022. Prohibition on entry and operation''.
TITLE VII--FEDERAL MARITIME COMMISSION
SEC. 701. SHORT TITLE.
This title may be cited as the ``Federal Maritime Commission
Authorization Act of 2019''.
SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
Section 308 of title 46, United States Code, is amended by striking
``$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year
2019'' and inserting ``$29,086,888 for fiscal year 2020 and $29,639,538
for fiscal year 2021''.
TITLE VIII--COAST GUARD ACADEMY IMPROVEMENT ACT
SEC. 801. SHORT TITLE.
This Act may be cited as the ``Coast Guard Academy Improvement Act''.
SEC. 802. COAST GUARD ACADEMY STUDY.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall seek to enter into an arrangement with the
National Academy of Public Administration not later than 60 days after
the date of the enactment of the this Act under which the National
Academy of Public Administration shall--
(1) conduct an assessment of the cultural competence of the
Coast Guard Academy as an organization and of individuals at
the Coast Guard Academy to carry out effectively the primary
duties of the United States Coast Guard listed in section 102
of title 14, United States Code, when interacting with
individuals of different races, ethnicities, genders,
religions, sexual orientations, socioeconomic backgrounds, or
from different geographic origins; and
(2) issue recommendations based upon the findings in such
assessment.
(b) Assessment of Cultural Competence.--
(1) Cultural competence of the coast guard academy.--The
arrangement described in subsection (a) shall require the
National Academy of Public Administration to, not later than 1
year after entering into an arrangement with the Secretary
under subsection (a), 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 assessment described under subsection (a)(1).
(2) Assessment scope.--The assessment described under
subsection (a)(1) shall--
(A) describe the level of cultural competence
described in subsection (a)(1) based on the National
Academy of Public Administration's assessment of the
Coast Guard Academy's relevant practices, policies, and
structures, including an overview of discussions with
faculty, staff, students, and relevant Coast Guard
Academy affiliated organizations;
(B) examine potential changes which could be used to
further enhance such cultural competence by--
(i) modifying institutional practices,
policies, and structures; and
(ii) any other changes deemed appropriate by
the National Academy of Public Administration;
and
(C) make recommendations to enhance the cultural
competence of the Coast Guard Academy described in
subparagraph (A), including any specific plans,
policies, milestones, performance measures, or other
information necessary to implement such
recommendations.
(c) Final Action Memorandum.--Not later than three months after
submission of the assessment under section 802(b)(1), 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 final action
memorandum in response to all recommendations contained in the
assessment. The Final Action Memorandum shall include the rationale for
accepting, accepting in part, or rejecting each recommendation, and
shall specify, where applicable, actions to be taken to implement such
recommendations, including an explanation of how each action enhances
the ability of the Coast Guard to carry out the primary duties of the
United States Coast Guard listed in section 102 of title 14, United
States Code.
(d) Plan.--
(1) In general.--Not later than six months after the date of
the submission of the final action memorandum required under
subsection (c), the Commandant of the Coast Guard, in
coordination with the Chief Human Capital Officer of the
Department of Homeland Security, shall submit a plan to carry
out the recommendations or the parts of the recommendations
accepted in the Final Action Memorandum to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Strategy with milestones.--If any recommendation or parts
of recommendations accepted in the Final Action Memorandum
address any of the following actions, then the plan required in
paragraph (1) shall include a strategy with appropriate
milestones to carry out such recommendations or parts of
recommendations:
(A) Improve outreach and recruitment of a more
diverse Coast Guard Academy cadet candidate pool based
on race, ethnicity, gender, religion, sexual
orientation, socioeconomic background, and geographic
origin.
(B) Modify institutional structures, practices, and
policies to foster a more diverse cadet corps body,
faculty, and staff workforce based on race, ethnicity,
gender, religion, sexual orientation, socioeconomic
background, and geographic origin.
(C) Modify existing or establish new policies and
safeguards to foster the retention of cadets, faculty,
and staff of different races, ethnicities, genders,
religions, sexual orientations, socioeconomic
backgrounds, and geographic origins at the Coast Guard
Academy.
(D) Restructure the admissions office of the Coast
Guard Academy to be headed by a civilian with
significant relevant higher education recruitment
experience.
(3) Implementation.--Unless otherwise directed by an Act of
Congress, the Commandant of the Coast Guard shall begin
implementation of the plan developed under this subsection not
later than 180 days after the submission of such plan to
Congress.
(4) Update.--The Commandant of the Coast Guard shall include
in the first annual report required under chapter 51 of title
14, United States Code, as amended by this Act, submitted after
the date of enactment of this section, the strategy with
milestones required in paragraph (2) and shall report annually
thereafter on actions taken and progress made in the
implementation of such plan.
SEC. 803. ANNUAL REPORT.
(a) In General.--Chapter 51 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 5112. Report on diversity at the Coast Guard Academy
``(a) In General.--Not later than January 15, 2021, and annually
thereafter, the Commandant shall submit a report on diversity at the
Coast Guard Academy to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
``(b) Contents.--The report required under subsection (a) shall
include--
``(1) the status of the implementation of the plan required
section 802 of the Coast Guard Academy Improvement Act;
``(2) specific information on outreach and recruitment
activities for the preceding year, including the effectiveness
of the Coast Guard Academy Minority Outreach Team Program
described under section 1905 and of outreach and recruitment
activities in the territories and other possessions of the
United States;
``(3) enrollment information about the incoming class,
including the gender, race, ethnicity, religion, socioeconomic
background, and State of residence of Coast Guard Academy
cadets;
``(4) information on class retention, outcomes, and
graduation rates, including the race, gender, ethnicity,
religion, socioeconomic background, and State of residence of
Coast Guard Academy cadets; and
``(5) information on efforts to retain diverse cadets,
including through professional development and professional
advancement programs for staff and faculty.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 14,
United States Code, is amended by adding at the end the following:
``5112. Report on diversity at the Coast Guard Academy.''.
SEC. 804. ASSESSMENT OF COAST GUARD ACADEMY ADMISSION PROCESSES.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall seek to enter into an arrangement with the
National Academy of Public Administration under which the National
Academy of Public Administration shall, not later than 1 year after
submitting an assessment under section 802(a), submit an assessment of
the Coast Guard Academy admissions process to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
(b) Assessment Scope.--The assessment required to be sought under
subsection (a) shall, at a minimum, include--
(1) a study, or an audit if appropriate, of the process the
Coast Guard Academy uses to--
(A) identify candidates for recruitment;
(B) recruit applicants;
(C) assist applicants in the application process;
(D) evaluate applications; and
(E) make admissions decisions;
(2) discussion of the consideration during the admissions
process of diversity, including--
(A) race;
(B) ethnicity;
(C) gender;
(D) religion;
(E) sexual orientation;
(F) socioeconomic background; and
(G) geographic origin;
(3) an overview of the admissions processes at other Federal
service academies, including--
(A) discussion of consideration of diversity,
including any efforts to attract a diverse pool of
applicants, in those processes; and
(B) an analysis of how the congressional nominations
requirement in current law related to military service
academies and the Merchant Marine Academy impacts those
processes and the overall demographics of the student
bodies at those academies;
(4) a determination regarding how a congressional nominations
requirement for Coast Guard Academy admissions could impact
diversity among the student body and the ability of the Coast
Guard to carry out effectively the Service's primary duties
described in section 102 of title 14, United States Code; and
(5) recommendations for improving Coast Guard Academy
admissions processes, including whether a congressional
nominations process should be integrated into such processes.
SEC. 805. COAST GUARD ACADEMY MINORITY OUTREACH TEAM PROGRAM.
(a) In General.--Chapter 19 of title 14, United States Code, is
amended by inserting after section 1904 the following:
``Sec. 1905. Coast Guard Academy minority outreach program
``(a) In General.--There is established within the Coast Guard
Academy a minority outreach team program (in this section referred to
as the `Program' ) under which officers, including minority officers
and officers from territories and other possessions of the United
States, who are Academy graduates may volunteer their time to recruit
minority students and strengthen cadet retention through mentorship of
cadets.
``(b) Administration.--Not later than July 15, 2020, the Commandant,
in consultation with Program volunteers and Academy alumni that
participated in prior programs at the Academy similar to the Program,
shall appoint a permanent civilian position at the Academy to
administer the Program by, among other things--
``(1) overseeing administration of the Program;
``(2) serving as a resource to volunteers and outside
stakeholders;
``(3) advising Academy leadership on recruitment and
retention efforts based on recommendations from volunteers and
outside stakeholders;
``(4) establishing strategic goals and performance metrics
for the Program with input from active volunteers and Academy
leadership; and
``(5) reporting annually to the Commandant on academic year
and performance outcomes of the goals for the Program before
the end of each academic year.''.
(b) Clerical Amendment.--The analysis for chapter 19 of title 14,
United States Code, is amended by inserting after the item relating to
section 1904 the following:
``1905. Coast Guard Academy minority outreach team program.''.
SEC. 806. COAST GUARD COLLEGE STUDENT PRE-COMMISSIONING INITIATIVE.
(a) In General.--Subchapter I of chapter 21 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 2131. College student pre-commissioning initiative
``(a) In General.--There is authorized within the Coast Guard the
College Student Pre-Commissioning Initiative program (in this section
referred to as the `program') for eligible undergraduate students to
enlist and receive a guaranteed commission as an officer in the Coast
Guard.
``(b) Criteria for Selection.--To be eligible for the program a
student must meet the following requirements upon submitting an
application:
``(1) Age.--A student must be not less than 19 years old and
not more than 27 years old as of September 30 of the fiscal
year in which the program selection panel selecting such
student convenes.
``(2) Character.--
``(A) All applicants.--All applicants must be of
outstanding moral character and meet other character
requirements as set forth by the Commandant.
``(B) Coast guard applicants.--An applicant serving
in the Coast Guard may not be commissioned if in the 36
months prior to the first Officer Candidate School
class convening date in the selection cycle, such
applicant was convicted by a court-martial or awarded
non-judicial punishment, or did not meet performance or
character requirements set forth by the Commandant.
``(3) Citizenship.--A student must be a United States
citizen.
``(4) Clearance.--A student must be eligible for a secret
clearance.
``(5) Dependency.--
``(A) A student may not have more than 2 dependents;
and
``(B) A student who is single may not have sole or
primary custody of dependents.
``(6) Education.--
``(A) Institution.--A student must be an
undergraduate sophomore or junior--
``(i) at a historically Black college or
university described in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C.
1061(2)) or an institution of higher education
described in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)); or
``(ii) who is active in minority-serving
organizations and pursuing a degree in science,
technology, engineering, or mathematics at an
institution of higher education described in
section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001) that is not a historically
Black college or university or institution of
higher education referred to in clause (i) of
this subparagraph.
``(B) Location.--The institution at which such
student is an undergraduate must be within 100 miles of
a Coast guard unit or Coast Guard Recruiting Office
unless otherwise approved by the Commandant.
``(C) Records.--A student must meet credit and grade
point average requirements set forth by the Commandant.
``(7) Medical and administrative.--A student must meet other
medical and administrative requirements as set forth by the
Commandant.
``(c) Enlistment and Obligation.--Individuals selected and accept to
participate in the program shall enlist in the Coast Guard in pay grade
E-3 with a four year duty obligation and four year inactive Reserve
obligation.
``(d) Military Activities Prior to Officer Candidate School.--
Individuals enrolled in the program shall participate in military
activities each month, as required by the Commandant, prior to
attending Officer Candidate School.
``(e) Participation in Officer Candidate School.--Each graduate of
the program shall attend the first enrollment of Officer Candidate
School that commences after the date of such graduate's graduation.
``(f) Commissioning.--Upon graduation from Officer Candidate School,
program graduates shall be discharged from enlisted status and
commissioned as an O-1 with an initial three-year duty obligation.
``(g) Briefing.--
``(1) In general.--Not later than August 15 of each year, the
Commandant shall provide a briefing to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the College Student Pre-
Commissioning Initiative.
``(2) Contents.--The briefing required under paragraph (1)
shall describe--
``(A) outreach and recruitment efforts over the
previous year; and
``(B) demographic information of enrollees
including--
``(i) race;
``(ii) ethnicity;
``(iii) gender;
``(iv) geographic origin; and
``(v) educational institution.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter 21
of title 14, United States Code, is amended by adding at the end the
following:
``2131. College Student Pre-Commissioning Initiative.''.
SEC. 807. ANNUAL BOARD OF VISITORS.
Section 1903(d) of title 14, United States Code, is amended--
(1) by redesignating paragraphs (2) through (6) as paragraphs
(3) through (7), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) recruitment and retention;''.
Purpose of Legislation
The purpose of H.R. 3409, as amended, is to authorize $11.1
billion in discretionary funding for the United States Coast
Guard (hereafter, Coast Guard or Service) in fiscal year 2020,
and $11.6 billion in fiscal year 2021. The bill authorizes the
end-of-year strength of 44,500 active duty personnel and
maintains existing military training student loads for fiscal
years 2020 and 2021. The bill also authorizes $29 million in
fiscal year 2020 and $29.6 million in fiscal year 2021 for the
Federal Maritime Commission (FMC). Finally, the bill makes
reforms to Coast Guard authorities and laws governing shipping
and navigation.
Background and Need for Legislation
Coast Guard
The contemporary Coast Guard was established on January 28,
1915, through the consolidation of the Revenue Cutter Service
(established in 1790) and the Lifesaving Service (established
in 1848). The Coast Guard later assumed the duties of three
other agencies: the Lighthouse Service (established in 1789),
the Steamboat Inspection Service (established in 1838), and the
Bureau of Navigation (established in 1884).
Under section 102 of title 14, United States Code, the
Coast Guard has primary responsibility to enforce or assist in
the enforcement of all applicable federal laws in, under, and
over the high seas and waters subject to the jurisdiction of
the United States; to ensure safety of life and property at
sea; to protect the marine environment; to carry out
icebreaking activities; and to ensure the safety and security
of vessels, ports, waterways, and related facilities.
As one of the five Armed Services, the Coast Guard also
maintains defense readiness and may be called upon to operate
as a specialized service in the Navy upon the declaration of
war or when the President directs. The Coast Guard is composed
of approximately 40,990 military personnel, 7,000 reservists,
and 9,600 civilian employees. The Coast Guard or its
predecessors have defended the Nation in every war since 1790.
In fiscal year 2018, the Coast Guard responded to over
15,000 search and rescue cases, saving over 3,900 lives.
Additionally, the Coast Guard conducted over 11,574 boardings
of vessels entering American ports, screened over 117,000
commercial vessels entering American ports for potential
security threats, maintained over 45,000 aids to navigation,
and detained 602 smugglers carrying 209.6 metric tons of
cocaine.
H.R. 3409, as amended, authorizes the Coast Guard for the
next two years at fiscally responsible levels to continue to
carry out these missions, while helping to replace and
modernize the Coast Guard's aging legacy assets in a cost-
effective manner, enhance oversight, and reduce inefficiencies
to save taxpayer dollars.
Pursuant to section 202 of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-441, the LoBiondo
Act), the operational activities of the Coast Guard are
authorized through FY 2019 at $7.9 billion. H.R. 3409, as
amended, authorizes $8.1 billion in discretionary funding for
the Coast Guard in FY 2020 and $8.5 billion in 2021.
Investment in Coast Guard capabilities
The diversity of the Coast Guard's eleven statutory
missions stretches assets and resources thin as they protect
American economic and national security. Enforcing federal laws
in, under, over the high seas and waters subject to the
jurisdiction of the United States is a complicated task
requiring a highly trained workforce, skilled in areas from
marine and aviation operations to marine safety. It also
requires a substantial number of physical assets from offshore
cutters and aircraft, to buoys and shoreside facilities.
The full utilization of assets will improve the efficiency
of the Coast Guard as it executes its missions, and the
Committee recognizes the importance of using the best available
technology to ensure mission success. The Coast Guard has taken
significant steps to improve its asset management, awareness of
developing technologies, and strategic use of resources to
accomplish the Service's challenging missions. However, while
the Service has made strides to utilize and integrate new
systems, such as unmanned or autonomous technologies, the
Committee finds that such systems remain underutilized within
the Coast Guard and understands that continued research and
pilot programs are necessary to enhance the Service's overall
awareness.
While capitalizing on the review of new and emerging
technologies is essential, the Committee also recognizes that
continued focus on the Coast Guard's ongoing recapitalization
of existing offshore legacy assets, systems, and infrastructure
is just as vital. The Coast Guard has reached a pivotal moment
in these efforts with the initiation of its Offshore Patrol
Cutter program of record--the most important and expensive
segment of the entire approved recapitalization program. In
addition, the Coast Guard has finally initiated a long overdue
program to recapitalize its decrepit heavy icebreaker fleet,
another expensive acquisition that will further stretch the
Coast Guard's Procurement, Construction and Improvements (PC&I)
account. The Committee recognizes that it is imperative for the
Coast Guard to successfully carry out each critical program.
Accordingly, the bill authorizes $2.7 billion for the PC&I
account in fiscal year 2020, and $2.8 billion in fiscal year
2021, which should allow sufficient budget authority for these
two programs. Additionally, it should allow room for new
investments in the Coast Guard's nascent program to replace its
legacy fleet of inland river tugs and buoy tenders.
The Committee has expressed concerns about the inadequacy
of capital investment in Coast Guard housing and shoreside
infrastructure. Most recently in 2019, the Government
Accountability Office (GAO) confirmed that there is a
substantial $2.7 billion backlog of structurally unsound
buildings, facilities and structures across the Coast Guard
that remain unaddressed. Worse, no meaningful management system
exists within the Service to monitor, maintain, repair, or
replace existing assets. The Committee remains concerned that
deterioration of Coast Guard assets and infrastructure will
erode Coast Guard mission readiness and operational capability,
and the bill increases discretionary funding levels to address
this gaping hole and growing liability. Throughout H.R. 3409,
as amended, focus is placed on improving the Committee's
oversight of the Service's acquisition capabilities to ensure
that the procurement of new assets and systems is executed in a
timely, efficient, and cost-effective manner.
The Coast Guard depends upon the availability of a ready
force of surface vessels, aircraft, and personnel that are
capable of taking on an array of maritime law enforcement and
safety issues; from protecting the Nation's maritime borders
from terrorist threats, illegal drugs, undocumented migrants,
and contraband, to protecting the Nation's waters from
environmental threats and carrying out search and rescue and
crisis response operations.
The Committee believes the Coast Guard must be structured
to serve the needs of its diverse active duty and reserve
servicemembers, prevent and respond forcefully to sexual
assault and harassment within its ranks, and should be able to
communicate effectively with the culturally diverse maritime
industry it regulates and protects. Such a structure will
contribute to building a stronger, more capable, and more
cohesive workforce. H.R. 3409, as amended, enables the Service
to encourage diversity at all levels; not only the active duty
force but also through the Coast Guard Academy and the Coast
Guard Reserve. The recruitment of future cadets and
servicemembers will prioritize an environment where individuals
of all backgrounds are represented and included.
Several provisions in the bill will advance improved
quality of life for servicemembers, such as new intermission
period authority to allow servicemembers to meet personal or
professional needs and be able to return to the Service. The
Committee is particularly concerned that members of the Coast
Guard should be able to live and work within their means and
the bill encourages the allocation of housing funds to ensure
servicemembers can afford accommodations within a reasonable
commute to their duty stations. H.R. 3409, as amended, also
institutes new standards for personnel administration, health
care, training, and career advancement to enhance recruitment
and retention and improve quality of life for all current and
future active duty servicemembers.
The Committee remains extremely concerned with the long-
term fall-out and after effects of the recent lapse in
Department of Homeland Security appropriations which occurred
from mid-December 2018 to late January 2019 that forced the
Coast Guard--the only U.S. Armed Force not funded within the
Department of Defense--to operate without any ability to pay
its active duty servicemembers, reservists, or contractors.
While the Federal government is now open, the Committee is
united in acting to ensure that such a travesty never happens
again in the event of another lapse in Department of Homeland
Security appropriations.
During the shutdown, 41,000 members of the active duty
Coast Guard missed a paycheck. Moreover, the pension checks for
50,000 Coast Guard military retirees were put at risk. Many
Coast Guard members are deployed around the country and around
the world. They do not have large family networks near them
because they move every few years. Military servicemembers
cannot quit, find a temporary job, or just not show up for
work--that would be illegal and could result in a court-
martial.
Regrettably, during the shutdown active duty servicemembers
and their families relied on food banks and the charity of
others to support themselves. Other servicemembers shipped out
for overseas deployments--ironically and oftentimes, in support
of the other Armed Services that were operating under an
appropriation--without knowing if they would receive a paycheck
during the months away. The Committee acknowledges the recent
government shutdown hurt Coast Guard military readiness,
jeopardized national security, and threatened the reliability
and safety of the U.S. maritime supply chain. Additionally, the
Committee remains concerned about potential negative
consequences on future Coast Guard recruitment and the
retention of highly-trained active duty servicemembers.
Resolute in the belief that such circumstances should never
again befall our Coast Guard, this bill includes the language
of H.R. 367, the Pay Our Coast Guard Parity Act of 2019, to
ensure that should there ever be another lapse in Department of
Homeland Security appropriations, and should the other four
Armed Services be operating under an appropriation, that the
Coast Guard will be treated like all Armed Forces have
historically been treated--they will be paid as they continue
to perform their critical missions.
The Committee also remains focused on the Coast Guard's
internal processes for the disposition of excess real estate
under its control. In particular, the Committee is extremely
concerned to learn the Coast Guard requested that the
designated property recipients of a Coast Guard property
conveyed by legislation purchase additional real property
outside of the terms of the conveyance for which the recipient
had no use, in order to cover the Coast Guard's environmental
cleanup costs on the property designated for transfer. Such
action was entirely contrary to the intent of Congress, would
have required a sale at rates inflated well above the asset's
true value, and would have forced property recipients to pay to
clean up an environmental mess caused by the Coast Guard. The
Committee anticipates that the Coast Guard will not engage in
such duplicitous actions in the future. Furthermore, if the
Coast Guard does offer real property for sale to any tribe,
Alaska Native village, or regional corporation in the future,
the Committee expects the Service to provide the Committee
written notification of such offer at the time it is made,
including the process used to determine the property's value
and disclosure of any non-financial quid pro quo upon which the
sale depends.
Federal Maritime Commission
The Federal Maritime Commission (FMC) is the independent
federal agency established in 1961 to oversee and regulate the
U.S. international ocean transportation system for the benefit
of U.S. exporters, importers, and consumers. The LoBiondo Act
authorized activities of the FMC through fiscal year 2019. H.R.
3409, as amended, reauthorizes the FMC at $29 million in fiscal
year 2020 and $29.6 million in fiscal year 2021.
Under title VII of the LoBiondo Act, Congress enacted
several targeted and strategic amendments to the Shipping Act
to improve the legal standing of U.S. port service providers in
their business interactions with large, foreign flag ocean
carrier alliances. Additionally, this title strengthened the
authority of the FMC to oversee and intervene, if necessary, in
the future to ensure fair competition and compliance with anti-
trust requirements. These new responsibilities more than
justify the modest increases in authorized funding levels to
support the FMC's implementation of these new authorities.
Maritime transportation
The maritime transportation system is essential to the
nation's economy and vital to our national security. The U.S.
maritime industry currently employs more than 650,000 Americans
providing nearly $41 billion in annual wages. There are more
than 41,000 non-fishing related commercial vessels currently
flying the American flag. The vast majority of these vessels
are engaged in domestic commerce, or coastwise trade, moving
over 115 million passengers and $300 billion worth of goods
between ports in the United States on an annual basis. Each
year, U.S. seaports account for over $4.6 trillion in annual
economic activity.
Unlike the domestic coastwise fleet, over the last 35 years
the number of U.S. flagged vessels sailing in U.S.
international trade has dropped from 850 vessels to less than
100 vessels. In the same period, the United States has lost
over 300 shipyards and thousands of American maritime-related
jobs. The Committee is alarmed at the perilous declines in both
sectors and recognizes that preserving and strengthening our
Nation's maritime industry is vital to our economic and
national security.
Since 1789, Congress has passed laws to help keep the U.S.
merchant marine competitive in the global economy and maintain
a sealift and shipyard industrial capacity necessary for
national security. The Jones Act, the Federal Ship Financing
Program (Title XI), and cargo preference requirements are
notable examples. In addition to these authorities, Congress
has enacted more recent programs, such as the Maritime Security
Program, and promoted programs for the transition of separating
service members into the maritime industry as a way to sustain
federal support for the U.S. maritime industry. Accordingly,
the bill also clarifies the application of the Jones Act to
vessels servicing offshore activities in the U.S. Exclusive
Economic Zone.
H.R. 3409, as amended, would further promote the American
maritime industry by clarifying existing law and ensuring that
cargo financed by American taxpayers is transported on U.S.
flagged vessels crewed with U.S. mariners. The Committee is
concerned that cargo preference has not been executed to the
full extent of the law, thereby limiting the effectiveness of a
program that has for decades been an indispensable pillar
supporting U.S. flagged vessels and providing crucial vessels,
labor, and assets necessary to sustain the Nation's military
sealift and security needs. The study authorized under Section
413 of H.R. 3409, as amended, will help the Committee determine
if the law is being followed by analyzing federal agency
compliance with cargo preference requirements and the Maritime
Administration's oversight of this program.
A thriving U.S. maritime industry relies on a dedicated,
supported, and skilled labor force. The Committee intends to
support the maritime workforce that drives the economic prowess
of the United States and seeks to improve recruitment and
retention of highly trained deck officers, engineers, and
unlicensed seafarers. Several provisions included in the bill
provide continued support to labor by clarifying documentation
requirements for personnel working on, but not operating,
vessels. Moreover, the bill simplifies the renewal process for
merchant mariner licenses. The bill also includes other
proactive measures to ensure that American mariners and
shipbuilders have access to training and job opportunities in
the coastwise trade.
Vessel safety
Safety on the water is critical to protecting crew,
passengers, and equipment. The Committee passed the most
expansive package of marine safety improvements during the
115th Congress (Title II, Maritime Safety, Public Law 115-265).
The Committee continues to investigate maritime safety issues
and remains steadfast in its commitment to improve maritime
safety wherever possible. In recent years, active use of laser
pointers directed towards vessels has emerged as a new threat
and alarmed vessel operators. As a result, H.R. 3409, as
amended, includes a provision making it a federal crime to
point a laser pointer at federally-owned vessels. In addition,
the Committee recognizes that the use of electronic charts has
become commonplace on commercial vessels with no detrimental
effect on navigation safety. The bill, as amended, includes
language amending Chapter 31 of title 46 United States Code, to
allow equivalent use of either electronic or paper charts until
the Coast Guard promulgates regulations.
As the coastal zone experiences greater commercial
activity, both in volume and the number of competing uses (e.g.
offshore renewable energy, precious metal and other mineral
extraction, ocean aquaculture, etc.), and changing
oceanographic and ecological conditions, the Committee
recognizes that federal agencies may need new authorities to
effectively regulate and facilitate these uses. Moreover, the
bill grants the Coast Guard specific authority to establish
navigation fairways for commercial vessels and marine safety
zones outside the U.S. territorial sea and within the U.S.
Exclusive Economic Zone.
The Committee also remains interested in improving the
safety of the U.S. commercial fishing fleet. Comprehensive
safety reforms passed as part of the Coast Guard Authorization
Act of 2010 (Section 604, Public Law 111-281) have been
modified over the past ten years, especially to provide greater
flexibility for vessel owners to meet new safety standards.
Recognizing that these modifications may have created
confusion, H.R. 3409, as amended, includes in title V a
reorganization of Chapter 45, United States Code, to clarify
alternate safety compliance options for the construction of new
fishing vessels.
Finally, the Committee remains focused not only on
commercial vessel safety, but also recreational boating safety.
The Boating Safety Division of the Coast Guard Office of
Auxiliary and Boating Safety found that 98 recreational boating
deaths and 128 recreational boating injuries would likely have
been prevented had an engine cut-off switch been used. As a
response, H.R. 3409, as amended, includes a new requirement
that, unless the Commandant determines such requirement is not
necessary for recreational boating safety, boat owners must use
an engine cut-off switch for boats under 26 feet in length. Use
of such switches will address one source of recreational
boating fatalities and injuries.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--
(1) The following hearing was used to develop or consider
H.R. 3409, as amended:
On May 21, 2019, the Subcommittee on Coast Guard and
Maritime Transportation held a hearing to examine the fiscal
year 2020 budget requests for the Coast Guard, the FMC, and the
Maritime Administration titled, ``Review of Fiscal Year 2020
Budget Request for the Coast Guard and Maritime Transportation
Programs,'' featuring Admiral Karl P. Schultz, Commandant of
the United States Coast Guard, Master Chief Jason M.
Vanderhaden, Master Chief Petty Officer of the United States
Coast Guard, Rear Admiral Mark H. Buzby, Administrator of the
Maritime Administration, and Michael A. Khouri, Chairman of the
Federal Maritime Commission. Topics discussed included proper
funding levels for the Coast Guard and the FMC, the status of
Coast Guard acquisition programs, the impacts the lapse of
Department of Homeland Security appropriations had on
servicemembers and Coast Guard missions, quality of life for
servicemembers beyond their missions, and maritime
transportation issues relating to the Coast Guard and each
agency.
(2) The following related hearings were held:
On March 6, 2019, the Subcommittee on Coast Guard and
Maritime Transportation held a hearing titled, ``U.S. Maritime
and Shipbuilding Industries: Strategies to Improve Regulation,
Economic Opportunities, and Competitiveness,'' featuring Rear
Admiral Mark H. Buzby, Administrator of the Maritime
Administration, Rear Admiral John Nadeau, Assistant Commandant
for Prevention Policy for the Coast Guard, Rear Admiral Michael
Alfultis, President of the State University of New York
Maritime College, Mr. John Crowley, President of the National
Association of Waterfront Employers, Mr. Michael Roberts,
Senior Vice President and General Counsel of Crowley Maritime,
on behalf of the American Maritime Partnership, Mr. Augustin
Tellez, Executive Vice President of the Seafarers International
Union, on behalf of American Maritime Officers, Masters, Mates
and Pilots and The Seafarers International Union, and Ms.
Jennifer Carpenter, Executive Vice President and COO of the
American Waterways Operators. Topics discussed included the
state of the United States maritime industry, including
domestic ports, the U.S.-flagged international trading fleet,
and U.S. shipbuilding, implementation of cargo preference, the
importance of the Jones Act for the United States maritime
industry, and the Merchant Marine Academy.
On May 8, 2019, the Subcommittee on Coast Guard and
Maritime Transportation held a hearing titled, ``The Cost of
Doing Nothing: Maritime Infrastructure Vulnerabilities in an
Emerging Arctic,'' featuring Admiral Charles W. Ray, Vice
Commandant of the United States Coast Guard, Rear Admiral
Shepherd Smith, Director of the Office of Coast Survey of the
National Oceanic and Atmospheric Administration, Colonel
Phillip J. Borders, Commander of District Alaska of the Army
Corps of Engineers, Ms. Heather A. Conley, Senior Vice
President of the Europe, Eurasia, and the Arctic within the
Center for Strategic and International Studies, Dr. Abbie
Tingstad, Senior Physical Scientist for the RAND Corporation,
Admiral Thad Allen, USCG ret., Senior Executive Advisory for
Booz Allen Hamilton, and Mr. Mead Treadwell, Co-Chair of the
Polar Institute Advisory Board for the Woodrow Wilson Center.
Topics discussed included the United States' role in the arctic
as well as the need for a new fleet of ice breakers in the
arctic and the Great Lakes, investment in shoreside
infrastructure, and utilization of new technologies by the
Coast Guard.
On June 4, 2019, the Subcommittee on Coast Guard and
Maritime Transportation held a hearing titled, ``Western
Hemisphere Drug Interdictions: Why Maintaining Coast Guard
Operations Matter,'' featuring Vice Admiral Daniel B. Abel,
Deputy Commandant for Operations of the Coast Guard, Rear
Admiral Steven D. Poulin, Director of Operations for the United
States Southern Command, and Mr. Thomas W. Padden, United
States Interdiction Coordinator for the Office. Topics
discussed included Coast Guard drug interdiction efforts in the
transit zone, the potential use of unmanned systems to increase
mission efficiency, the Coast Guard's aging fleet of assets
impeding interdiction efforts, and increasing Coast Guard
funding to address these issues.
On June 19, 2019, the Subcommittee on Coast Guard and
Maritime Transportation held a hearing titled ``Short Sea
Shipping: Rebuilding America's Maritime Industry'' featuring
Rear Admiral Mark H. Buzby, Administrator of the Maritime
Administration, Mr. John Nass, Chief Executive Officer for the
Maine Port Authority, Mr. James Weakley, President of the Lake
Carriers' Associations, Mr. Larry Willis, President of the
Transportation Trades Department, AFL-CIO. Topics discussed
included the need for the Jones Act, the economic benefits of
the Marine Highways program, broadening the use of short sea
shipping within the United States, the role state maritime
academies and the United States Merchant Marine Academy play in
promoting and preparing for maritime careers, and supporting
laborers employed by the United States maritime industry.
Legislative History and Consideration
H.R. 3409 was introduced in the House on June 19, 2019, by
Mr. DeFazio, Mr. Graves of Missouri, Mr. Sean Patrick Maloney,
and Mr. Gibbs. H.R. 3409 was referred to the Committee on
Transportation and Infrastructure. Within the Committee, H.R.
3409 was referred to the Subcommittee on Coast Guard and
Maritime Transportation.
The Subcommittee on Coast Guard and Maritime Transportation
was discharged from further consideration of H.R. 3409 on June
26, 2019.
As introduced, H.R. 3409 contained provisions related to
the following measures: H.R. 632, to direct the Secretary of
the department in which the Coast Guard is operating to issue a
certificate of documentation with a coastwise endorsement for
the vessel Safari Voyager, included in Sec. 410; H.R. 633, to
direct the Secretary of the department in which the Coast Guard
is operating to issue a certificate of documentation with a
coastwise endorsement for the vessel Pacific Provider, included
in Sec. 410; H.R. 1322, to require a report on the effects of
climate change on the Coast Guard, included in Sec. 407; H.R.
1821, to make technical corrections to provisions of law
enacted by the Frank LoBiondo Coast Guard Authorization Act of
2018, and for other purposes, included in Sec. 606; H.R. 2276,
the Fair and Equal Treatment of Women in the Coast Guard Act,
included in Sec. 209; H.R. 2893, the Boater Protection from
Laser Pointers Act, included in Sec. 310; H.R. 2926, the
Navigation Safety Act of 2019, included in Sec. 301; H.R. 3066,
the Supporting our Coast Guard Members Act of 2019, included in
sections 204, 205, 206, and 208; H.R. 3140 the Commercial
Fishing Industry Vessel Clarification Act, included in Sec.
505; H.R. 3210, the Coast Guard Shore Infrastructure
Improvement Act, included in Sec. 408.
The Full Committee met in open session to consider H.R.
3409 on June 26, 2019, and ordered the measure, as amended, to
be reported to the House with a favorable recommendation by
voice vote with a quorum present.
The following amendments were offered:
A Manager's amendment offered by Mr. DeFazio (#1);
consisting of the following:
At the end of title II insert the following new
sections:
``Sec. 212. Coast Guard Pay; Continuation.'';
``Sec. 213. Research Projects; Transactions
Other Than Contracts and Grants.'';
``Sec. 214. Acquisition Workforce
Authorities.'';
``Sec. 215. Coast Guard Housing Fund.'';
``Sec. 216. Report on Coast Guard Defense
Readiness Resources Allocation.'';
At the end of title III, insert the following new
sections:
``Sec. 315. Abandoned Seafarers Fund.'';
``Sec. 316. Ice Patrol; Payments.'';
``Sec. 317. Security Plans; Reviews.'';
``Sec. 318. Waiver of Navigation and Vessel
Inspection Laws.'';
``Sec. 319. Requirement for Small Shipyard
Grantees.'';
``Sec. 320. Independent Study on the United
States Merchant Marine Academy.'';
``Sec. 321. Centers of Excellence for
Domestic Maritime Workforce Training and
Education.'';
``Sec. 322. Renewal of Merchant Mariner
Licenses and Documents.'';
At the end of title IV, insert the following new
sections:
``Sec. 422. Homeland Security Rotational
Cybersecurity Research Program at the Coast
Guard Academy.'';
``Sec. 423. Towing Vessel Inspection Fees.'';
``Sec. 424. Subrogated Claims.'';
``Sec. 425. Loan Provisions Under Oil
Pollution Act of 1990.'';
``Sec. 426. Liability Limits.'';
``Sec. 427. Report on Drug Interdiction in
the Caribbean Basin.'';
``Sec. 428. Voting Requirement.''
Page 154, strike ``(2) Strategy with Milestones'' and
all that follows through ``restructure'' on page 155,
line 1, and insert a new subsection entitled ``(2)
Strategy with Milestones.''
Page 155, line 6, insert an Act of'' after by''.
Page 156, lines 11-13, strike including the Coast
Guard Academy Minority outreach Team Program described
under section 1905;'' and insert including the
effectiveness of the Coast Guard Academy Minority
Outreach Team Program described under section 1905 and
of outreach and recruitment activities in the
territories and other possessions of the United
States;''.
On page 159, line 22, insert ``and officers from
territories and other possessions of the United
States'' after ``minority officers''.
Page 161, line 15, insert ``upon submitting an
application'' after ``requirements''.; was AGREED TO by
voice vote.
An amendment offered by Mr. Garamendi (#2); At the
end of title IV, insert a new section entitled ``Sec.
422. Transportation Work Identification Card Pilot
Program.''; was WITHDRAWN by unanimous consent.
An amendment offered by Mr. Graves of Louisiana (#3);
At the end of title II, insert a new section entitled
``Sec. 315. Pilot Project.''; was WITHDRAWN by
unanimous consent.
An amendment offered by Mr. Perry (#4); at the end of
title II insert a new section entitled ``Sec. 212.
Report on the Feasibility of Liquified Natural Gas
Fueled Vessels.''; was AGREED TO by voice vote.
An amendment offered by Mr. Graves of Louisiana (#5);
On page 102, line 6, strike ``50 feet overall in length
and is built after July 1, 2013'' and insert ``150 feet
and is built after the date of enactment of the Coast
Guard Authorization Act of 2019''.; was WITHDRAWN by
unanimous consent.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
There were no recorded votes taken in connection with
consideration of H.R. 3409.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
reauthorize the Coast Guard and Federal Maritime Commission in
support of their missions.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 3409, as amended, establishes or reauthorizes a program
of the federal government known to be duplicative of another
federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 3409, as amended,
does not preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Sec. 1. Short title
This section provides that the bill may be cited as the
``Coast Guard Authorization Act of 2019''.
Sec. 2. Table of contents
The section lists the sections of the bill.
Title I--Authorizations
Sec. 101. Authorization of appropriations
This section amends section 4902 of title 14, United States
Code, to reauthorize discretionary funding levels for the Coast
Guard for fiscal year 2020 at $11.1 billion and for fiscal year
2021 at $11.6 billion.
Sec. 102. Authorized levels of military strength and training
This section amends section 4904 of title 14, United States
Code, to authorize an end strength level of 44,500 for military
personnel and training for fiscal years 2020 and 2021.
TITLE II--Coast Guard
Sec. 201. Grade on retirement
This section amends provisions of title 14, United States
Code, to require the Secretary to make a determination of
satisfactory service regarding the grade in which an officer is
retired. The section also provides authority to retire an
officer to a lower grade if such officer committed misconduct
in a lower grade than that held at the time of retirement. The
section also removes gender-specific terminology from
provisions of title 14, United States Code. This section aligns
Coast Guard policy with that of the Department of Defense.
Sec. 202. Congressional Affairs; director
This section amends title 14, United States Code, to
require the Commandant of the Coast Guard to appoint a rear
admiral (lower half) (O-7) or higher as Director of
Congressional Affairs. This would align the Coast Guard with
the other Armed Forces.
Sec. 203. Limitations on claims
This section amends sections 937 and 938 of title 14,
United States Code, to increase monetary limitations for the
Commandant to settle admiralty claims against the Coast Guard
and claims for damage to Coast Guard property. The increases
align with inflationary increases since the enactment of the
original authority for those provisions.
Sec. 204. Authority for officers to opt out of promotion board
consideration
This section provides the authority for Coast Guard
officers to opt out of promotion board consideration in limited
circumstances. This provision aligns with authority provided to
the other Armed Forces in the National Defense Authorization
Act for Fiscal Year 2019.
Sec. 205. Temporary promotion authority for officers in certain grades
with critical skills
This section amends chapter 21 of title 14, United States
Code, to authorize the Secretary to temporarily promote
officers with critical skills and serving in certain positions.
This provision aligns with authority provided to the other
Armed Forces in the National Defense Authorization Act for
Fiscal Year 2019.
Sec. 206. Career intermission program
This section amends chapter 25 of title 14, United States
Code, to authorize a program under which service members of the
Coast Guard may be inactivated from active duty in order to
meet personal or professional needs and then returned to the
service at the end of such period. This provision aligns with
authority provided to the other Armed Forces in the National
Defense Authorization Act for Fiscal Year 2019.
Sec. 207. Major acquisitions; operation and sustainment costs
This section amends section 5103(e)(3) of title 14, United
States Code, to require that Coast Guard long-term major
acquisition plans include costs to operate and sustain the
vessels and aircraft included therein. This provision aligns
with a requirement of the other Armed Forces included in the
National Defense Authorization Act for Fiscal Year 2019.
Sec. 208. Employment assistance
This section amends chapter 27 of title 14, United States
Code, to improve employment skills verification, accuracy of
certificates of training and skills, and responsiveness to
certification requests for Coast Guard members. This provision
aligns with improvements made with regard to service members of
the other Armed Forces in the National Defense Authorization
Act for Fiscal Year 2018.
Sec. 209. Reports on gender diversity in the Coast Guard
This section requires the Commandant of the Coast Guard to
determine which recommendations in the RAND Corporation's
Homeland Security Operational Analysis Center 2019 report
entitled ``Improving Gender Diversity in the U.S. Coast Guard:
Identifying Barriers to Female Retention'' can practicably be
implemented to promote gender diversity in the Coast Guard.
This section also requires the Commandant of the Coast
Guard to submit a report to Congress on the actions the Coast
Guard has taken or plans to take to implement such
recommendations.
This section also amends chapter 51 of title 14, United
States Code, to require the Coast Guard to submit a biennial
report to Congress on gender diversity in the Coast Guard.
Sec. 210. Disposition of infrastructure related to E-LORAN
This section amends section 914 of title 14, United States
Code, to prohibit the dismantling or disposal of infrastructure
comprising the LORAN-C system until the later of the date of
the conveyance of property in Port Spencer, Alaska, or the date
the Secretary of Transportation determines that such
infrastructure is not required to provide a position,
navigation, and timing system.
This section further amends section 914 of title 14, United
States Code, to deposit the proceeds of the sale of property
under the administrative control of the Coast Guard and used
for the LORAN-C system into the Coast Guard Housing Fund.
Sec. 211. Positions of importance and responsibility
This section amends section 2103(c)(3) of title 14, United
States Code, to clarify the treatment of rear admirals and rear
admirals (lower half) serving outside the Coast Guard.
Sec. 212. Coast Guard Pay; continuation
This section amends section 4902 of title 14, United States
Code, to provide pay for Coast Guard service members,
employees, and contractors during a Coast Guard-specific lapse
in appropriations when other Armed Forces do not have a lapse
in appropriations.
Sec. 213. Research projects; transactions other than contracts and
grants
This section amends title 14, United States Code, to
authorize the Commandant of the Coast Guard to enter into
certain transactions to carry out basic, applied, and advanced
research projects, including adequate training for involved
Coast Guard personnel. This section aligns Coast Guard policy
with that of the Department of Defense.
Sec. 214. Acquisition workforce authorities
This section amends chapter 11 of title 14, United States
Code, to provide the Commandant of the Coast Guard acquisition
workforce reemployment authority equivalent to that provided to
the Secretary of Defense for members of the other Armed Forces.
This section aligns Coast Guard policy with that of the
Department of Defense.
Sec. 215. Coast Guard Housing Fund
This section amends section 2946 of title 14, United States
Code, to make funds in the Coast Guard Housing Fund available
without further appropriation and allow for the usage of such
funds to temporarily adjust the basic allowance for housing
rates of a housing area where the actual costs of adequate
housing differ from the calculated rates of housing for that
area if determined by the Secretary.
Sec. 216. Report on Coast Guard defense readiness resources allocation
This section requires the Comptroller General of the United
States to report on the Coast Guard's allocation of its
resources to support its defense readiness mission with the
Department of Defense, including funding allocated by the Coast
Guard for these activities and reimbursement received from the
Department of Defense for services rendered.
Sec. 217. Report on the feasibility of liquefied natural gas fueled
vessels
This section requires the Coast Guard to submit a report to
Congress on the potential use of liquefied natural gas fuels in
Coast Guard vessels, including new and converted vessels.
Title III--Shipping
Sec. 301. Electronic charts; equivalency
This section amends section 3105 of title 46, United States
Code, by requiring the use of electronic charts that meet
standards acceptable to the Secretary.
Sec. 302. Passenger vessel security and safety requirements;
application
This section amends section 3507(k)(1) of title 46, United
States Code, to require certain passenger vessels to comply
with security and safety requirements by eliminating an
exception for vessels engaged on coastwise voyages.
Sec. 303. Non-operating individual
This section amends title 46, United States Code, to
regulate persons on board merchant vessels who are not
passengers and are not necessary for the navigation or safety
of the vessel. This section removes the current requirement
that such individuals must have a merchant mariner's document,
but imposes requirements with which such non-operating
personnel must comply to qualify.
Sec. 304. Small passenger vessels and uninspected passenger vessels
This section amends section 12121 of title 46, United
States Code, to provide vessels built in the United States that
lose their coastwise trade privileges an opportunity to regain
those privileges in a manner similar to vessels not built in
the United States.
Sec. 305. Installation vessels
This section amends chapter 551 of title 46, United States
Code, to include the definition of an ``installation vessel''
and clarify that the Jones Act does apply to the operation of
``installation vessels'' in the United States Exclusive
Economic Zone. The section also authorizes the Secretary of
Transportation to determine whether suitable U.S.-flagged
installation vessels are available for use. If not, authority
is granted to allow the use of foreign-flagged installation
vessels if there are no suitable and available U.S.-flagged
installation vessels for the proposed use. This section also
amends section 12138 of title 46, United States Code, to
require the Secretary of Transportation to develop, maintain,
and periodically update an inventory of installation vessels
documented under chapter 121 of such title.
In addition, this section directs the Secretary of Homeland
Security within 30 days after date of enactment to issue a
notice on the modification or revocation of certain Letter
Rulings with respect to the application of section 55102 of
title 46, United States Code, to offshore activities.
Sec. 306. Advisory committees
This section amends section 15106(c)(3) of title 46, United
States Code, to align representation on the National Offshore
Safety Advisory Committee with that set forth in the
Committee's November 2016 charter.
This section also amends section 15109(j)(4) of title 46,
United States Code, to authorize members of advisory committees
to be available to testify before appropriate committees of
Congress with respect to advice, reports, and recommendations
submitted to the Coast Guard.
This section also amends chapter 555 of title 46, United
States Code, to codify the Maritime Transportation System
National Advisory Committee on matters relating to U.S.
maritime transportation and its seamless integration with other
segments of the transportation system, including the viability
of the U.S. Merchant Marine.
This section also replaces section 9307 of title 46, United
States Code, and reauthorizes the Great Lakes Pilotage Advisory
Committee.
Sec. 307. Expired maritime liens
This section amends section 31343(e) of title 46, United
States Code, to require the Secretary to remove a maritime lien
after such lien expires.
Sec. 308. Offshore navigation
This section amends section 70003(e) of title 46, United
States Code, to require buffers between traffic lanes/traffic
separation schemes and offshore structures affixed to the
submerged lands of the outer continental shelf used to generate
or transmit renewable energy.
This section also directs the Secretary of the department
in which the Coast Guard is operating to implement the
recommendations of the Atlantic Coast Port Access Route Study
within one year of the date of the enactment of this Act.
This section also directs the Commandant of the Coast Guard
to conduct a review of navigation on the east coast of the
United States and submit recommendations for new fairways to
Congress not later than July 1, 2020.
Sec. 309. Training; emergency response providers
This section amends sections 70107 and 70132 of title 46,
United States Code, by replacing the term ``law enforcement
personnel'' with the term ``emergency response providers'' to
allow the Coast Guard to engage with a broader array of partner
agencies.
Sec. 310. Aiming a laser pointer at a vessel
This section amends chapter 700 of title 46, United States
Code, to prohibit causing the beam of a laser pointer to strike
a vessel operating in the navigable waters of the United
States.
Sec. 311. Maritime transportation assessment
This section amends section 55501 of title 46, United
States Code, to require the Committee on the Marine
Transportation System to include a compendium of federal
programs engaged in the maritime transportation system in the
submission provided to Congress every five years.
Sec. 312. Safety of special activities
This section amends chapter 700 of title 46, United States
Code, to authorize the Coast Guard to establish a safety zone
to address special activities in the exclusive economic zone.
For the purposes of this section, the term ``special
activities'' includes space activities and offshore energy
development activities on or near a fixed platform.
Sec. 313. Engine cut-off switches; use requirement
This section amends section 4312 of title 46, United States
Code, to require an operator of certain recreational vessels to
use an engine ``cut-off'' switch link while operating on plane
or above displacement speed.
Sec. 314. Exemptions and equivalents
This section amends section 4305 of title 46, United States
Code, to authorize the Secretary of the department in which the
Coast Guard is operating to accept a substitution for fittings,
materials, equipment, arrangements, calculations, information,
or tests required under chapter 43 of title 46, United States
Code, if the substitution provides an equivalent level of
safety on the affected recreational vessels.
Sec. 315. Abandoned Seafarers Fund
This section amends section 11113 of title 46, United
States Code, to make amounts in the Abandoned Seafarers Fund
available without further appropriation. Fund expenditures
previously required an appropriation, preventing the Coast
Guard from utilizing the funds.
Sec. 316. Ice patrol; payments
This section amends section 80301 of title 46, United
States Code, to make funds received from other countries for
their proportionate share of ice patrol services available
until expended. These funds are currently credited to a Coast
Guard account but are not received in the fiscal year for which
they were due, preventing the Coast Guard from utilizing the
funds.
Sec. 317. Security Plans; reviews
This section amends section 70103 of title 46, United
States Code, to require review of updates to Area Maritime
Security Plans in addition to the Plans themselves.
Sec. 318. Waiver of navigation and vessel inspection laws
This section amends section 501(a) of title 46, United
States Code, to require the Secretary of Defense to submit a
written explanation of the circumstances requiring a waiver of
navigation and vessel inspection laws in the interest of
national defense.
Sec. 319. Requirement for small shipyard grantees
This section amends section 54101(d) of title 46, United
States Code, to require that funds distributed though the
Maritime Administration's Small Shipyard Grant Program to
purchase materials are used for items produced or manufactured
in the United States.
Sec. 320. Independent study on the United States Merchant Marine
Academy
This section requires a report on the United States
Merchant Marine Academy by the National Academy of Public
Administration that assesses its systems, infrastructure, and
information technology, and specifies an action plan to address
programmatic needs to keep up with modern campuses.
Sec. 321. Centers of Excellence for domestic maritime workforce
training and education
This section amends 54102 of title 46, United States Code,
by designating every State Maritime Academy as a Center of
Excellence in maritime workforce training.
Sec. 322. Renewal of merchant mariner licenses and documents
This section amends section 7507 of title 46, United States
Code, to clarify the Coast Guard's authority to renew existing
merchant mariner credentials that are not otherwise extended.
Title IV--Miscellaneous
Sec. 401. Coastwise Trade
This section requires the Commandant of the Coast Guard to
review the adequacy of, and continuing need for, regulations
requiring a United States documented vessel possessing a
coastwise endorsement and engaged in coastwise trade to comply
with regulations for vessels engaged in an international
voyage. This section also requires Coast Guard briefings for
Congressional committees on the findings of such review within
180 days after the date of the enactment of this Act.
Sec. 402. Unmanned maritime systems
This section directs the Commandant of the Coast Guard to
assess regularly available unmanned maritime systems for
potential use to support missions of the Coast Guard and to
consult with the Department of Defense, other Federal agencies,
the academic sector, and developers and manufacturers of
unmanned maritime systems in doing so. This section also
directs the Commandant of the Coast Guard to submit a report on
the actual and potential effects of the use of then-existing
unmanned maritime systems on the mission effectiveness of the
Coast Guard biennially.
Sec. 403. Expedited transfer in cases of sexual assault; dependents of
members of the Coast Guard
This section directs the Commandant of the Coast Guard to
establish a policy to allow the transfer of a member of the
Coast Guard whose dependent is the victim of sexual assault
perpetrated by a member of the Armed Forces who is unrelated to
the victim. This provision aligns with a requirement of the
other Armed Forces included in the National Defense
Authorization Act for Fiscal Year 2019.
Sec. 404. Towing vessels; operations outside the boundary line
This section allows towing vessels to transit beyond the
boundary line in certain limited situations to fulfill the
vessel's duties without being subject to additional
requirements under title 46, United States Code, and titles 33
and 46, Code of Federal Regulations.
Sec. 405. Coast Guard authorities study
This section directs the Secretary of the department in
which the Coast Guard is operating to enter into an arrangement
with the National Academy of Sciences under which the Academy
will prepare an assessment of Coast Guard operational
authorities, including whether such authorities are sufficient
to address emerging technologies, processes, and activities in
the maritime domain.
Sec. 406. Cloud computing strategy
This section directs the Commandant of the Coast Guard to
submit to Congress a description of the Coast Guard's strategy
to implement cloud computing. This provision aligns with a
requirement of the other Armed Forces included in the
Department of Defense and Labor, Health and Human Services, and
Education Appropriations Act, 2019 and Continuing
Appropriations Act, 2019.
Sec. 407. Report on effects of climate change on the coast guard
This section directs the Commandant of the Coast Guard to
submit a report on vulnerabilities of Coast Guard installations
and requirements resulting from climate change over the next
twenty years. This provision aligns with a requirement of the
other Armed Forces included in the National Defense
Authorization Act for Fiscal Year 2018.
Sec. 408. Shore infrastructure
This section directs the Commandant of the Coast Guard to
develop a plan to address Coast Guard shore infrastructure
issues and to brief Congress on that plan.
Sec. 409. Physical Access Control System report
This section directs the Commandant of the Coast Guard to
submit to Congress a report on the Coast Guard's Physical
Access Control System and the status of the Coast Guard's
compliance with Homeland Security Presidential Directive 12
(HSPD-12) and Federal Information Processing Standard 201 (FIPS
201) regarding access to Coast Guard facilities and
installations.
Sec. 410. Coastwise endorsements
This section directs the Secretary of the department in
which the Coast Guard is operating to issue certificates of
documentation with coastwise endorsements for the vessels
Safari Voyager (International Maritime Organization number
8963753) and Pacific Provider (United States official number
597967). This section also clarifies the eligibility of a
fishing vessel to be a replacement vessel under the American
Fisheries Act and a replacement vessel in the amendment 80
fishery fleet.
Sec. 411. Polar Security Cutter acquisition report
This section directs the Commandant of the Coast Guard to
submit a report to Congress regarding the ongoing Polar
Security Cutter acquisition not later than one year after the
date of the enactment of this Act.
Sec. 412. Sense of Congress on the need for a new Great Lakes
icebreaker
This section expresses the sense of Congress that the
Nation needs an additional Great Lakes icebreaker to facilitate
commerce in the Great Lakes.
Sec. 413. Cargo preference study
This section directs the Comptroller General of the United
States to conduct an audit regarding the enforcement of the
United States cargo preference program under chapter 553 of
title 46, United States Code.
Sec. 414. Insider Threat Program
This section directs the Commandant of the Coast Guard to
brief Congress on a plan to expand the Coast Guard Insider
Threat program to include the monitoring of all Coast Guard
devices, including mobile devices.
Sec. 415. Fishing safety grants
This section states that paragraphs (3) and (6) of section
506 of the Frank LoBiondo Coast Guard Authorization Act of 2018
(Public Law 115-282) are not applicable to any funds
appropriated for the purposes of the fishing safety grants
programs under section 4517 of title 46, United States Code,
that were appropriated prior to the date of enactment of the
Act. This section ensures that the cost-share percentages in
law at the time of such appropriations apply to grants of those
funds.
Sec. 416. Plans for demonstration programs
This section directs the Commandant of the Coast Guard to
develop a plan for a demonstration program that will assess the
feasibility of using unmanned aircraft systems for surveillance
of marine protected areas and to submit a report to Congress on
that plan.
Sec. 417. Waters seemed not navigable waters of the United States for
certain purposes
This section deems Coalbank Slough in Coos Bay, Oregon, to
be non-navigable waters for all purposes of subchapter J of
Chapter I of title 33, Code of Federal Regulations.
Sec. 418. Coast Guard housing; status and authorities briefing
This section directs the Commandant of the Coast Guard to
brief Congress on Coast Guard housing, including the material
condition of housing facilities, current housing construction
and deferred maintenance backlogs, the manner in which the
Coast Guard manages and maintains housing, and whether
additional housing authorities would be beneficial.
Sec. 419. Conveyance of Coast Guard property at Point Spencer, Alaska
This section amends sections 533 and 534 of the Coast Guard
Authorization Act of 2016 to allow remedial actions required
under section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)) to be completed after the transfer of property
directed under section 533.
Sec. 420. Prohibition
This section prohibits the Secretary of the department in
which the Coast Guard is operating from establishing new
anchorages in the Hudson River between Yonkers, New York, and
Kingston, New York.
Sec. 421. Certificate extensions
This section amends Subchapter I of chapter 121 of title 46
to provide the Coast Guard the authority to extend the duration
of a vessel certificate of documentation and certification of
financial responsibility for a period of not more than one
year.
Sec. 422. Homeland Security rotational cybersecurity research program
at the Coast Guard Academy
This section amends title VIII of the Homeland Security Act
of 2002 (6 U.S.C. 411 et seq.) to establish a Homeland Security
rotational cybersecurity research and training program at the
Coast Guard Academy.
Sec. 423. Towing vessel inspection fees
This section prohibits the collection of towing vessel
inspection fees until the Coast Guard completes a required
review of inspection costs and promulgates regulations to
establish specific inspection fees.
Sec. 424. Subrogated claims
This section amends section 1012(b) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(b)) to clarify the status of
subrogated claims under that Act, stating that an insurer or
other indemnifier of a responsible party or injured third party
is subject to the subrogated rights of such party to such
compensation.
Sec. 425. Loan provisions under Oil Pollution Act of 1990
This section amends section 1013 of the Oil Pollution Act
of 1990 (33 U.S.C. 2713) by striking subsection (f), a loan
program for fishermen and aquaculture producer claimants. The
program has never been implemented and the process for making
claims for similar damages provides claimants sufficient
protection.
Sec. 426. Liability limits
This section amends section 1004(d)(2) of the Oil Pollution
Act of 1990 (33 U.S.C. 2704(d)(2)) to provide different levels
of liability for deepwater ports used in connection with the
transportation of oil and those used in connection with the
transportation of natural gas.
Sec. 427. Report on drug interdiction in the Caribbean Basin
This section requires a report from the Coast Guard
regarding current drug interdiction efforts in the Caribbean
and whether the number of maritime surveillance hours used to
counter illicit drug trafficking meets mission requirements.
Sec. 428. Voting requirement
This section amends section 305(i)(1)(G)(iv) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1855(i)(1)(G)(iv)) to alter the voting requirement for
the Pacific community development programs from a unanimous
vote to a five person majority.
Title V--Reorganization
Sec. 501. Uninspected commercial fishing industry vessels
This section recodifies chapter 45 of title 46, United
States Code. This is a technical reorganization and does not
make any substantive changes to the chapter.
Sec. 502. Transfers
This section redesignates the following:
Section 215 of the Coast Guard and Maritime
Transportation Act of 2004 (Public Law 108-293) as
section 321 of title 14, United States Code;
Section 406 of the Maritime Transportation
Security Act of 2002 (Public Law 107-295) as section
719 of title 14, United States Code;
Section 1110 of title 14, United States
Code, as section 5110 of that title;
Section 401 of the Coast Guard Authorization
Act of 2010 (Public Law 111-281) as section 1110 of
title 14, United States Code;
Section 217 of the Coast Guard Authorization
Act of 2010 (Public Law 111-281) as section 5111 of
title 14, United States Code. It also amends that
section to address sexual harassment in addition to
sexual assault;
Section 7 of the Rivers and Harbors
Appropriations Act of 1915 (33 U.S.C. 471) as section
70007 of title 46;
Section 3 of the Act to Prevent Pollution
from Ships (33 U.S.C. 1902) subsections (e) through (i)
as subsections (f) through (j), respectively. It also
incorporates the discharge of agricultural cargo
residue into the Act to Prevent Pollution from Ships;
Section 204 of the Maritime Transportation
Security Act of 2002 (33 U.S.C. 1902a) as section 3(e)
of the Act to Prevent Pollution from Ships (33 U.S.C.
1902(e)); and
Section 304 of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241) as
subsection (j) of section 5 of the Deepwater Port Act
of 1974 (33 U.S.C. 1504).
Sec. 503. Repeals
This section repeals the following:
Section 8303 of title 46, United States
Code;
Section 9102(b) of title 46, United States
Code;
Section 343 of the Maritime Transportation
Security Act of 2002 (Public Law 107-295); and
Section 9(c) of the Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011
(Public Law 112-90).
Title VI--Technical, Conforming, and Clarifying Amendments
Sec. 601. Maritime transportation system
This section amends titles 14 and 46, United States Code,
to standardize the use of ``maritime transportation system''
throughout the United States Code.
Sec. 602. References to ``persons'' and ``seaman''
This section amends titles 14 and 46, United States Code,
to correct the use of the terms ``person,'' ``individual,''
``seaman,'' and ``mariner''.
Sec. 603. Common appropriation structure
This section amends titles 14 and 46, United States Code,
as well as existing law outside those titles, to reflect the
implementation of a new common appropriation structure for the
Coast Guard, in alignment with the appropriation for fiscal
year 2019.
Sec. 604. References to ``himself'' and ``his''
This section amends title 14, United States Code, to
correct the use of the terms ``himself'' and ``his''.
Sec. 605. References to ``motorboats'' and ``yachts''
This section amends titles 14 and 46, United States Code,
as well as section 352 of the Communications Act of 1934 (47
U.S.C. 352), to correct the use of the terms ``yacht'' and
``motorboat''.
Sec. 606. Miscellaneous technical corrections
This section amends titles 14 and 46, United States Code,
and other provisions of law to make technical corrections to
changes made in the Frank LoBiondo Coast Guard Authorization
Act of 2018 (Public Law 115-282).
This section also makes technical corrections to the Act of
June 21, 1940 (33 U.S.C. 511 et seq.). This section does not
make any substantive changes to such Act.
This section also amends section 105(f)(2) of the Pribilof
Islands Transition Act to correct an incorrect cross-reference
contained therein.
Sec. 607. Technical corrections relating to codification of Ports and
Waterways Safety Act
This section corrects the inadvertent repeal of section 16
of the Ports and Waterways Safety Act, as added by section 315
of the Countering America's Adversaries Through Sanction Act
(Public Law 115-44) by section 402(e) of the Frank LoBiondo
Coast Guard Authorization Act of 2018 (Public Law 115-282) by
re-designating that section as section 70002 of title 46,
United States Code, as of the date of the enactment of the
Frank LoBiondo Coast Guard Authorization Act of 2018.
This section also amends such section to ensure proper
cross-references.
Title VII--Federal Maritime Commission
Sec. 701. Short title
This section states this title may be cited as the
``Federal Maritime Commission Authorization Act of 2019''.
Sec. 702. Authorization of appropriations
This section authorizes appropriations for the Federal
Maritime Commission for fiscal years 2020 at $29 million and
for fiscal year 2021 at $29.6 million.
Title VIII--Coast Guard Academy Improvement Act
Sec. 801. Short title
This section states this title may be cited as the ``Coast
Guard Academy Improvement Act''.
Sec. 802. Coast Guard Academy study
This section directs the Secretary of the department in
which the Coast Guard is operating to enter into an arrangement
with the National Academy of Public Administration (NAPA) under
which NAPA will prepare an assessment of the level of cultural
competence at the Coast Guard Academy. This section also
requires the Commandant to submit a Final Action Memorandum and
action plan for accepted items from NAPA's recommendations.
Sec. 803. Annual report
This section amends chapter 51 of title 14, United States
Code, to require the Coast Guard to submit an annual report to
Congress on diversity at the Coast Guard Academy.
Sec. 804. Assessment of Coast Guard Academy admission process
This section directs the Secretary of the department in
which the Coast Guard is operating to enter into an arrangement
with the National Academy of Public Administration (NAPA) under
which NAPA will conduct a comprehensive review of the Coast
Guard Academy admissions process.
Sec. 805. Coast Guard Academy minority outreach team program
This section amends chapter 19 of title 14, United States
Code, to establish a minority outreach team at the Coast Guard
Academy.
Sec. 806. Coast Guard college student pre-commissioning initiative
This section amends chapter 21 of title 14, United States
Code, to authorize a college student pre-commissioning
initiative program for the Coast Guard.
Sec. 807. Annual Board of Visitors
This section amends section 1903 of title 14, United States
Code, to require the Coast Guard Academy Board of Visitors to
include recruitment and retention within its scope of review.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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
matter is printed in italic and existing law in which no change
is proposed is shown in roman):
TITLE 14, UNITED STATES CODE
* * * * * * *
SUBTITLE I--ESTABLISHMENT, POWERS, DUTIES, AND ADMINISTRATION
* * * * * * *
CHAPTER 3--COMPOSITION AND ORGANIZATION
Sec.
301. Grades and ratings.
* * * * * * *
320.Congressional affairs; Director.
321. Redistricting notification requirement.
* * * * * * *
Sec. 303. Retirement of Commandant or Vice Commandant
(a)(1) [A] Subject to section 2501, 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 section
306(d) of this title.
(2) [A] Subject to section 2501, a Vice Commandant who is not
reappointed or appointed Commandant shall be retired with the
grade of admiral at the expiration of the appointed term,
except as provided in section 306(d).
(b) [A] Subject to section 2501, a Commandant or Vice
Commandant who is retired for physical disability shall be
placed on the retired list with the grade of admiral.
(c) [An] Subject to section 2501, an officer who is retired
prior to the expiration of the officer's term, while serving as
Commandant or Vice Commandant, may, in the discretion of the
President, be retired with the grade of admiral.
* * * * * * *
Sec. 306. Retirement
(a) [An officer] Subject to section 2501, an officer, other
than the Commandant or Vice 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] Subject to section 2501, an officer, other
than the Commandant or Vice Commandant, who is retired while
serving in the grade of admiral or vice admiral, or who, after
serving at least 21/2 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] Subject to section 2501, an officer, other
than the Commandant or Vice Commandant, who, after serving less
than 21/2 years in the grade of admiral or vice admiral, is
retired while serving in a lower grade, shall be retired in
[his] the officer's permanent grade.
(d) [An officer] Subject to section 2501, 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. 312. Prevention and response workforces
(a) Career Paths.--The Secretary, acting through the
Commandant, shall ensure that appropriate career paths for
civilian and military Coast Guard personnel who wish to pursue
career paths in prevention or response positions are identified
in terms of the education, training, experience, and
assignments necessary for career progression of civilians and
members of the Armed Forces to the most senior prevention or
response positions, as appropriate. The Secretary shall make
available published information on such career paths.
(b) Qualifications for Certain Assignments.--An officer,
member, or civilian employee of the Coast Guard assigned as a--
(1) marine inspector shall have the training,
experience, and qualifications equivalent to that
required for a similar position at a classification
society recognized by the Secretary under section 3316
of title 46 for the type of vessel, system, or
equipment that is inspected;
(2) marine casualty investigator shall have the
training, experience, and qualifications in
investigation, marine casualty reconstruction, evidence
collection and preservation, human factors, and
documentation using best investigation practices by
Federal and non-Federal entities;
(3) marine safety engineer shall have knowledge,
skill, and practical experience in--
(A) the construction and operation of
commercial vessels;
(B) judging the character, strength,
stability, and safety qualities of such vessels
and their equipment; or
(C) the qualifications and training of vessel
personnel;
(4) waterways operations manager shall have
knowledge, skill, and practical experience with respect
to [marine transportation system] maritime
transportation system management; or
(5) port and facility safety and security specialist
shall have knowledge, skill, and practical experience
with respect to the safety, security, and environmental
protection responsibilities associated with maritime
ports and facilities.
(c) Apprenticeship Requirement To Qualify for Certain
Careers.--The Commandant may require an officer, member, or
employee of the Coast Guard in training for a specialized
prevention or response career path to serve an apprenticeship
under the guidance of a qualified individual. However, an
individual in training to become a marine inspector, marine
casualty investigator, marine safety engineer, waterways
operations manager, or port and facility safety and security
specialist shall serve a minimum of one-year as an apprentice
unless the Commandant authorizes a shorter period for certain
qualifications.
(d) Management Information System.--The Secretary, acting
through the Commandant, shall establish a management
information system for the prevention and response workforces
that shall provide, at a minimum, the following standardized
information on [persons] individuals serving in those
workforces:
(1) Qualifications, assignment history, and tenure in
assignments.
(2) Promotion rates for military and civilian
personnel.
(e) Sector Chief of Prevention.--There shall be in each Coast
Guard sector a Chief of Prevention who shall be at least a
Lieutenant Commander or civilian employee within the grade GS-
13 of the General Schedule, and who shall be a--
(1) marine inspector, qualified to inspect vessels,
vessel systems, and equipment commonly found in the
sector; and
(2) qualified marine casualty investigator, marine
safety engineer, waterways operations manager, or port
and facility safety and security specialist.
(f) Signatories of Letter of Qualification for Certain
Prevention Personnel.--Each individual signing a letter of
qualification for marine safety personnel must hold a letter of
qualification for the type being certified.
(g) Sector Chief of Response.--There shall be in each Coast
Guard sector a Chief of Response who shall be at least a
Lieutenant Commander or civilian employee within the grade GS-
13 of the General Schedule in each Coast Guard sector.
Sec. 313. Centers of expertise for Coast Guard prevention and response
(a) Establishment.--The Commandant may establish and operate
one or more centers of expertise for prevention and response
missions of the Coast Guard (in this section referred to as a
``center'').
(b) Missions.--Any center established under subsection (a)
shall--
(1) promote, facilitate, and conduct--
(A) education;
(B) training; and
(C) activities authorized under section
504(a)(4);
(2) be a repository of information on operations,
practices, and resources related to the mission for
which the center was established; and
(3) perform and support the mission for which the
center was established.
(c) Joint Operation With Educational Institution
Authorized.--The Commandant may enter into an agreement with an
appropriate official of an institution of higher education to--
(1) provide for joint operation of a center; and
(2) provide necessary administrative services for a
center, including administration and allocation of
funds.
(d) Acceptance of Donations.--
(1) Except as provided in paragraph (2), the
Commandant may accept, on behalf of a center, donations
to be used to defray the costs of the center or to
enhance the operation of the center. Those donations
may be accepted from any State or local government, any
foreign government, any foundation or other charitable
organization (including any that is organized or
operates under the laws of a foreign country), or any
individual.
(2) The Commandant may not accept a donation under
paragraph (1) if the acceptance of the donation would
compromise or appear to compromise--
(A) the ability of the Coast Guard or the
department in which the Coast Guard is
operating, any employee of the Coast Guard or
the department, or any member of the Armed
Forces to carry out any responsibility or duty
in a fair and objective manner; or
(B) the integrity of any program of the Coast
Guard, the department in which the Coast Guard
is operating, or of any [person] individual
involved in such a program.
(3) The Commandant shall prescribe written guidance
setting forth the criteria to be used in determining
whether or not the acceptance of a donation from a
foreign source would have a result described in
paragraph (2).
* * * * * * *
Sec. 320. Congressional affairs; Director
The Commandant of the Coast Guard shall appoint a Director of
Congressional Affairs from among officers of the Coast Guard
who are in a grade above captain.
Sec. 321. Redistricting notification requirement
The Commandant shall notify the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate at least 180 days before--
(1) implementing any plan to reduce the number of,
change the location of, or change the geographic area
covered by any existing Coast Guard Districts; or
(2) permanently transferring more than 10 percent of
the personnel or equipment from a district office where
such personnel or equipment is based.
CHAPTER 5--FUNCTIONS AND POWERS
* * * * * * *
SUBCHAPTER I--GENERAL POWERS
* * * * * * *
Sec. 504. Commandant; general powers
(a) For the purpose of executing the duties and functions of
the Coast Guard the Commandant may:
(1) maintain water, land, and air patrols, and ice-
breaking facilities;
(2) establish and prescribe the purpose of, change
the location of, consolidate, discontinue, re-
establish, maintain, operate, and repair Coast Guard
shore establishments;
(3) assign vessels, aircraft, vehicles, aids to
navigation, equipment, appliances, and supplies to
Coast Guard districts and shore establishments, and
transfer any of the foregoing from one district or
shore establishment to another;
(4) conduct experiments and investigate, or cause to
be investigated, plans, devices, and inventions
relating to the performance of any Coast Guard
function, including research, development, test, or
evaluation related to intelligence systems and
capabilities;
(5) conduct any investigations or studies that may be
of assistance to the Coast Guard in the performance of
any of its powers, duties, or functions;
(6) collect, publish, and distribute information
concerning Coast Guard operations;
(7) conduct or make available to personnel of the
Coast Guard, and to eligible spouses as defined under
section 2904, such specialized training and courses of
instruction, including correspondence courses and the
textbooks, manuals, and other materials required as
part of such training or course of instruction, as may
be necessary or desirable for the good of the service;
(8) design or cause to be designed, cause to be
constructed, accept as gift, or otherwise acquire
patrol boats and other small craft, equip, operate,
maintain, supply, and repair such patrol boats, other
small craft, aircraft, and vehicles, and subject to
applicable regulations under subtitle I of title 40 and
division C (except sections 3302, 3501(b), 3509, 3906,
4710, and 4711) of subtitle I of title 41 dispose of
them;
(9) acquire, accept as gift, maintain, repair, and
discontinue aids to navigation, appliances, equipment,
and supplies;
(10) equip, operate, maintain, supply, and repair
Coast Guard districts and shore establishments;
(11) establish, equip, operate, and maintain shops,
depots, and yards for the manufacture and construction
of aids to navigation, equipment, apparatus, vessels,
vehicles, and aircraft not normally or economically
obtainable from private contractors, and for the
maintenance and repair of any property used by the
Coast Guard;
(12) accept and utilize, in times of emergency in
order to save life or protect property, such voluntary
services as may be offered to the Coast Guard;
(13) rent or lease, under such terms and conditions
as are deemed advisable, for a period not exceeding
five years, such real property under the control of the
Coast Guard as may not be required for immediate use by
the Coast Guard, the monies received from any such
rental or lease, less amount of expenses incurred
(exclusive of governmental personal services), to be
deposited in the fund established under section 2946;
(14) grant, under such terms and conditions as are
deemed advisable, permits, licenses, easements, and
rights-of-way over, across, in, and upon lands under
the control of the Coast Guard when in the public
interest and without substantially injuring the
interests of the United States in the property thereby
affected;
(15) establish, install, abandon, re-establish,
reroute, operate, maintain, repair, purchase, or lease
such telephone and telegraph lines and cables, together
with all facilities, apparatus, equipment, structures,
appurtenances, accessories, and supplies used or useful
in connection with the installation, operation,
maintenance, or repair of such lines and cables,
including telephones in residences leased or owned by
the Government of the United States when appropriate to
assure efficient response to extraordinary operational
contingencies of a limited duration, and acquire such
real property rights of way, easements, or attachment
privileges as may be required for the installation,
operation, and maintenance of such lines, cables, and
equipment;
(16) establish, install, abandon, reestablish, change
the location of, operate, maintain, and repair radio
transmitting and receiving stations;
(17) provide medical and dental care for personnel
entitled thereto by law or regulation, including care
in private facilities;
(18) accept, under terms and conditions the
Commandant establishes, the service of an individual
ordered to perform community service under the order of
a Federal, State, or municipal court;
(19) notwithstanding any other law, enter into
cooperative agreements with States, local governments,
non-governmental organizations, and individuals, to
accept and utilize voluntary services for the
maintenance and improvement of natural and historic
resources on, or to benefit natural and historic
research on, Coast Guard facilities, subject to the
requirement that--
(A) the cooperative agreements shall each
provide for the parties to contribute funds or
services on a matching basis to defray the
costs of such programs, projects, and
activities under the agreement; and
(B) [a person] an individual providing
voluntary services under this subsection shall
not be considered a Federal employee except for
purposes of chapter 81 of title 5, United
States Code, with respect to compensation for
work-related injuries, and chapter 171 of title
28, United States Code, with respect to tort
claims;
(20) enter into cooperative agreements with other
Government agencies and the National Academy of
Sciences;
(21) require that any member of the Coast Guard or
Coast Guard Reserve (including a cadet or an applicant
for appointment or enlistment to any of the foregoing
and any member of a uniformed service who is assigned
to the Coast Guard) request that all information
contained in the National Driver Register pertaining to
the individual, as described in section 30304(a) of
title 49, be made available to the Commandant under
section 30305(b)(7) of title 49, may receive that
information, and upon receipt, shall make the
information available to the individual;
(22) provide for the honorary recognition of
individuals and organizations that significantly
contribute to Coast Guard programs, missions, or
operations, including State and local governments and
commercial and nonprofit organizations, and pay for,
using any appropriations or funds available to the
Coast Guard, plaques, medals, trophies, badges, and
similar items to acknowledge such contribution
(including reasonable expenses of ceremony and
presentation);
(23) rent or lease, under such terms and conditions
as are considered by the Secretary to be advisable,
commercial vehicles to transport the next of kin of
eligible retired Coast Guard military personnel to
attend funeral services of the service member at a
national cemetery;
(24) after informing the Secretary, make such
recommendations to the Congress relating to the Coast
Guard as the Commandant considers appropriate; and
(25) enter into cooperative agreements, contracts,
and other agreements with Federal entities and other
public or private entities, including academic
entities, to develop a positioning, navigation, and
timing system to provide redundant capability in the
event Global Positioning System signals are disrupted,
which may consist of an enhanced LORAN system.
(b)(1) Notwithstanding subsection (a)(13), a lease described
in paragraph (2) of this subsection may be for a term of up to
20 years.
(2) A lease referred to in paragraph (1) is a lease--
(A) to the United States Coast Guard Academy Alumni
Association for the construction of an Alumni Center on
the grounds of the United States Coast Guard Academy;
or
(B) to an entity with which the Commandant has a
cooperative agreement under section 4(e) of the Ports
and Waterways Safety Act, and for which a term longer
than 5 years is necessary to carry out the agreement.
(c) Marine Safety Responsibilities.--In exercising the
Commandant's duties and responsibilities with regard to marine
safety, the individual with the highest rank who meets the
experience qualifications set forth in section 305(a)(3) shall
serve as the principal advisor to the Commandant regarding--
(1) the operation, regulation, inspection,
identification, manning, and measurement of vessels,
including plan approval and the application of load
lines;
(2) approval of materials, equipment, appliances, and
associated equipment;
(3) the reporting and investigation of marine
casualties and accidents;
(4) the licensing, certification, documentation,
protection and relief of merchant [seamen;] mariners;
(5) suspension and revocation of licenses and
certificates;
(6) enforcement of manning requirements, citizenship
requirements, control of log books;
(7) documentation and numbering of vessels;
(8) State boating safety programs;
(9) commercial instruments and maritime liens;
(10) the administration of bridge safety;
(11) administration of the navigation rules;
(12) the prevention of pollution from vessels;
(13) ports and waterways safety;
(14) waterways management; including regulation for
regattas and marine parades;
(15) aids to navigation; and
(16) other duties and powers of the Secretary related
to marine safety and stewardship.
(d) Other Authority Not Affected.--Nothing in subsection (c)
affects--
(1) the authority of Coast Guard officers and members
to enforce marine safety regulations using authority
under section 522 of this title; or
(2) the exercise of authority under section 527 of
this title and the provisions of law codified at
sections 191 through 195 of title 50 on the date of
enactment of this paragraph.
(e) Operation and Maintenance of Coast Guard Assets and
Facilities.--All authority, including programmatic budget
authority, for the operation and maintenance of Coast Guard
vessels, aircraft, systems, aids to navigation, infrastructure,
and other assets or facilities shall be allocated to and vested
in the Coast Guard and the department in which the Coast Guard
is operating.
(f) Leasing of Tidelands and Submerged Lands.--
(1) Authority.--The Commandant may lease under
subsection (a)(13) submerged lands and tidelands under
the control of the Coast Guard without regard to the
limitation under that subsection with respect to lease
duration.
(2) Limitation.--The Commandant may lease submerged
lands and tidelands under paragraph (1) only if--
(A) the lease is for cash exclusively;
(B) the lease amount is equal to the fair
market value of the use of the leased submerged
lands or tidelands for the period during which
such lands are leased, as determined by the
Commandant;
(C) the lease does not provide authority to
or commit the Coast Guard to use or support any
improvements to such submerged lands and
tidelands, or obtain goods and services from
the lessee; and
(D) proceeds from the lease are deposited in
the Coast Guard Housing Fund established under
section 2946.
* * * * * * *
Sec. 506. Prospective payment of funds necessary to provide medical
care
(a) Prospective Payment Required.--In lieu of the
reimbursement required under section 1085 of title 10, the
Secretary of Homeland Security shall make a prospective payment
to the Secretary of Defense of an amount that represents the
actuarial valuation of treatment or care--
(1) that the Department of Defense shall provide to
members of the Coast Guard, former members of the Coast
Guard, and dependents of such members and former
members (other than former members and dependents of
former members who are a Medicare-eligible beneficiary
or for whom the payment for treatment or care is made
from the Medicare-Eligible Retiree Health Care Fund
established under chapter 56 of title 10) at facilities
under the jurisdiction of the Department of Defense or
a military department; and
(2) for which a reimbursement would otherwise be made
under section 1085.
(b) Amount.--The amount of the prospective payment under
subsection (a) shall be--
(1) in the case of treatment or care to be provided
to members of the Coast Guard and their dependents,
derived from amounts appropriated for the [operating
expenses] operations and support of the Coast Guard;
(2) in the case of treatment or care to be provided
former members of the Coast Guard and their dependents,
derived from amounts appropriated for retired pay;
(3) determined under procedures established by the
Secretary of Defense;
(4) paid during the fiscal year in which treatment or
care is provided; and
(5) subject to adjustment or reconciliation as the
Secretaries determine appropriate during or promptly
after such fiscal year in cases in which the
prospective payment is determined excessive or
insufficient based on the services actually provided.
(c) No Prospective Payment When Service in Navy.--No
prospective payment shall be made under this section for any
period during which the Coast Guard operates as a service in
the Navy.
(d) Relationship to TRICARE.--This section shall not be
construed to require a payment for, or the prospective payment
of an amount that represents the value of, treatment or care
provided under any TRICARE program.
* * * * * * *
SUBCHAPTER II--LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES
Sec. 521. Saving life and property
(a) In order to render aid to distressed [persons]
individuals, vessels, and aircraft on and under the high seas
and on and under the waters over which the United States has
jurisdiction and in order to render aid to [persons]
individuals and property imperiled by flood, the Coast Guard
may:
(1) perform any and all acts necessary to rescue and
aid [persons] individuals and protect and save
property;
(2) take charge of and protect all property saved
from marine or aircraft disasters, or floods, at which
the Coast Guard is present, until such property is
claimed by [persons] individuals legally authorized to
receive it or until otherwise disposed of in accordance
with law or applicable regulations, and care for bodies
of those who may have perished in such catastrophes;
(3) furnish clothing, food, lodging, medicines, and
other necessary supplies and services to [persons]
individuals succored by the Coast Guard; and
(4) destroy or tow into port sunken or floating
dangers to navigation.
(b)(1) Subject to paragraph (2), the Coast Guard may render
aid to [persons] individuals and protect and save property at
any time and at any place at which Coast Guard facilities and
personnel are available and can be effectively utilized.
(2) The Commandant shall make full use of all available and
qualified resources, including the Coast Guard Auxiliary and
individuals licensed by the Secretary pursuant to section
8904(b) of title 46, United States Code, in rendering aid under
this subsection in nonemergency cases.
(c) An individual who knowingly and willfully communicates a
false distress message to the Coast Guard or causes the Coast
Guard to attempt to save lives and property when no help is
needed is--
(1) guilty of a class D felony;
(2) subject to a civil penalty of not more than
$10,000; and
(3) liable for all costs the Coast Guard incurs as a
result of the individual's action.
(d) The Secretary shall establish a helicopter rescue
swimming program for the purpose of training selected Coast
Guard personnel in rescue swimming skills, which may include
rescue diver training.
(e) An individual who knowingly and willfully operates a
device with the intention of interfering with the broadcast or
reception of a radio, microwave, or other signal (including a
signal from a global positioning system) transmitted,
retransmitted, or augmented by the Coast Guard for the purpose
of maritime safety is--
(1) guilty of a class E felony; and
(2) subject to a civil penalty of not more than
$1,000 per day for each violation.
Sec. 522. Law enforcement
(a) The Coast Guard may make inquiries, examinations,
inspections, searches, seizures, and arrests upon the high seas
and waters over which the United States has jurisdiction, for
the prevention, detection, and suppression of violations of
laws of the United States. For such purposes, commissioned,
warrant, and petty officers may at any time go on board of any
vessel subject to the jurisdiction, or to the operation of any
law, of the United States, address inquiries to those on board,
examine the ship's documents and papers, and examine, inspect,
and search the vessel and use all necessary force to compel
compliance. When from such inquiries, examination, inspection,
or search it appears that a breach of the laws of the United
States rendering [a person] an individual liable to arrest is
being, or has been committed, by any [person] individual, such
[person] individual shall be arrested or, if escaping to shore,
shall be immediately pursued and arrested on shore, or other
lawful and appropriate action shall be taken; or, if it shall
appear that a breach of the laws of the United States has been
committed so as to render such vessel, or the merchandise, or
any part thereof, on board of, or brought into the United
States by, such vessel, liable to forfeiture, or so as to
render such vessel liable to a fine or penalty and if necessary
to secure such fine or penalty, such vessel or such
merchandise, or both, shall be seized.
(b) The officers of the Coast Guard insofar as they are
engaged, pursuant to the authority contained in this section,
in enforcing any law of the United States shall:
(1) be deemed to be acting as agents of the
particular executive department or independent
establishment charged with the administration of the
particular law; and
(2) be subject to all the rules and regulations
promulgated by such department or independent
establishment with respect to the enforcement of that
law.
(c) The provisions of this section are in addition to any
powers conferred by law upon such officers, and not in
limitation of any powers conferred by law upon such officers,
or any other officers of the United States.
* * * * * * *
Sec. 525. Special agents of the Coast Guard Investigative Service law
enforcement authority
(a)(1) A special agent of the Coast Guard Investigative
Service designated under subsection (b) has the following
authority:
(A) To carry firearms.
(B) To execute and serve any warrant or other process
issued under the authority of the United States.
(C) To make arrests without warrant for--
(i) any offense against the United States
committed in the agent's presence; or
(ii) any felony cognizable under the laws of
the United States if the agent has probable
cause to believe that the [person] individual
to be arrested has committed or is committing
the felony.
(2) The authorities provided in paragraph (1) shall be
exercised only in the enforcement of statutes for which the
Coast Guard has law enforcement authority, or in exigent
circumstances.
(b) The Commandant may designate to have the authority
provided under subsection (a) any special agent of the Coast
Guard Investigative Service whose duties include conducting,
supervising, or coordinating investigation of criminal activity
in programs and operations of the United States Coast Guard.
(c) The authority provided under subsection (a) shall be
exercised in accordance with guidelines prescribed by the
Commandant and approved by the Attorney General and any other
applicable guidelines prescribed by the Secretary or the
Attorney General.
Sec. 526. Stopping vessels; indemnity for firing at or into vessel
(a)(1) Whenever any vessel liable to seizure or examination
does not stop on being ordered to do so or on being pursued by
an authorized vessel or authorized aircraft which has displayed
the ensign, pennant, or other identifying insignia prescribed
for an authorized vessel or authorized aircraft, the [person]
individual in command or in charge of the authorized vessel or
authorized aircraft may, subject to paragraph (2), fire at or
into the vessel which does not stop.
(2) Before firing at or into a vessel as authorized in
paragraph (1), the [person] individual in command or in charge
of the authorized vessel or authorized aircraft shall fire a
gun as a warning signal, except that the prior firing of a gun
as a warning signal is not required if that [person] individual
determines that the firing of a warning signal would
unreasonably endanger [persons] individuals or property in the
vicinity of the vessel to be stopped.
(b) The [person] individual in command of an authorized
vessel or authorized aircraft and all [persons] individuals
acting under that [person's] individual's direction shall be
indemnified from any penalties or actions for damages for
firing at or into a vessel pursuant to subsection (a). If any
[person] individual is killed or wounded by the firing, and the
[person] individual in command of the authorized vessel or
authorized aircraft or any [person] individual acting pursuant
to their orders is prosecuted or arrested therefor, they shall
be forthwith admitted to bail.
(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.
CHAPTER 7--COOPERATION
Sec.
701. Cooperation with other agencies, States, territories, and political
subdivisions.
* * * * * * *
719. VHF communication services.
720. Research projects; transactions other than contracts and grants.
* * * * * * *
Sec. 709. Maritime instruction
The Coast Guard may, when so requested by proper authority,
detail members for duty in connection with maritime instruction
and training by the several States, Territories, the District
of Columbia, and Puerto Rico, and when requested by the
Maritime Administrator, detail [persons] individuals in the
Coast Guard for duty in connection with maritime instruction
and training by the United States. The service rendered by any
[person] individual so detailed shall be considered Coast Guard
duty.
* * * * * * *
Sec. 719. VHF communications services
(a) The Secretary of the department in which the Coast Guard
is operating may authorize a person providing commercial VHF
communications services to place commercial VHF communications
equipment on real property under the administrative control of
the Coast Guard (including towers) subject to any terms agreed
to by the parties. The Secretary and that commercial VHF
communications service provider also may enter into an
agreement providing for VHF communications services to the
Coast Guard (including digital selective calling and radio
direction finding services) at a discounted rate or price based
on providing such access to real property under the
administrative control of the Coast Guard.
(b) Commercial VHF communication equipment placed on real
property under the administrative control of the Coast Guard
under this section shall not interfere in any manner with any
current or future Coast Guard communication equipment.
(c) Nothing in this section shall affect the rights or
obligations of the United States under section 704(c) of the
Telecommunications Act of 1996 (47 U.S.C. 332 note) with
respect to the availability of property or under section 359(d)
of the Communications Act of 1934 (47 U.S.C. 357(d)) with
respect to charges for transmission of distress messages.
Sec. 720. Research projects; transactions other than contracts and
grants
(a) Additional Forms of Transactions Authorized.--The
Commandant may enter into transactions (other than contracts,
cooperative agreements, and grants) in carrying out basic,
applied, and advanced research projects. The authority under
this subsection is in addition to the authority provided in
section 717 to use contracts, cooperative agreements, and
grants in carrying out such projects.
(b) Advance Payments.--The authority under subsection (a) may
be exercised without regard to section 3324 of title 31.
(c) Recovery of Funds.--
(1) In general.--Subject to subsection (d), a
cooperative agreement for performance of basic,
applied, or advanced research authorized by section
717, and a transaction authorized by subsection (a),
may include a clause that requires a person or other
entity to make payments to the Coast Guard or any other
department or agency of the Federal Government as a
condition for receiving support under the agreement or
transaction, respectively.
(2) Availability of funds.--The amount of any payment
received by the Federal Government pursuant to a
requirement imposed under paragraph (1) may be
credited, to the extent authorized by the Commandant,
to an appropriate appropriations account. Amounts so
credited shall be merged with other funds in the
account and shall be available for the same purposes
and the same period for which other funds in such
account are available.
(d) Conditions.--
(1) In general.--The Commandant shall ensure that--
(A) to the extent that the Commandant
determines practicable, no cooperative
agreement containing a clause described in
subsection (c)(1), and no transaction entered
into under subsection (a), provides for
research that duplicates research being
conducted under existing programs carried out
by the Coast Guard; and
(B) to the extent that the Commandant
determines practicable, the funds provided by
the Federal Government under a cooperative
agreement containing a clause described in
subsection (c)(1), or under a transaction
authorized by subsection (a), do not exceed the
total amount provided by other parties to the
cooperative agreement or other transaction,
respectively.
(2) Other agreements not feasible.--A cooperative
agreement containing a clause described in subsection
(c)(1), or under a transaction authorized by subsection
(a), may be used for a research project only if the use
of a standard contract, grant, or cooperative agreement
for such project is not feasible or appropriate.
(e) Education and Training.--The Commandant shall--
(1) ensure that management, technical, and
contracting personnel of the Coast Guard involved in
the award or administration of transactions under this
section or other innovative forms of contracting are
afforded opportunities for adequate education and
training; and
(2) establish minimum levels and requirements for
continuous and experiential learning for such
personnel, including levels and requirements for
acquisition certification programs.
(f) Regulations.--The Secretary of the department in which
the Coast Guard is operating shall prescribe regulations, as
necessary, to carry out this section.
(g) Protection of Certain Information From Disclosure.--
(1) In general.--Disclosure of information described
in paragraph (2) is not required, and may not be
compelled, under section 552 of title 5 for five years
after the date on which the information is received by
the Coast Guard.
(2) Limitation.--
(A) In general.--Paragraph (1) applies to
information described in subparagraph (B) that
is in the records of the Coast Guard only if
the information was submitted to the Coast
Guard in a competitive or noncompetitive
process having the potential for resulting in
an award, to the party submitting the
information, of a cooperative agreement for
performance of basic, applied, or advanced
research authorized by section 717 or another
transaction authorized by subsection (a).
(B) Information described.--The information
referred to in subparagraph (A) is the
following:
(i) A proposal, proposal abstract,
and supporting documents.
(ii) A business plan submitted on a
confidential basis.
(iii) Technical information submitted
on a confidential basis.
(h) Annual Report.--On the date on which the President
submits to Congress a budget pursuant to section 1105 of title
31, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing each use of
the authority provided under this section during the most
recently completed fiscal year, including details of each use
consisting of--
(1) the amount of each transaction;
(2) the entities or organizations involved;
(3) the product or service received; and
(4) the research project for which the product or
service was required.
* * * * * * *
CHAPTER 9--ADMINISTRATION
* * * * * * *
SUBCHAPTER I--REAL AND PERSONAL PROPERTY
* * * * * * *
Sec. 903. Use of certain appropriated funds
(a) Funds appropriated to or for the use of the Coast Guard
for [acquisition, construction, and improvement of facilities,
for research, development, test, and evaluation;] procurement,
construction, and improvement of facilities and for research
and development and for the alteration of bridges over the
navigable waters shall remain available until expended.
(b) The Secretary may use any funds appropriated to or for
the use of the Coast Guard for other construction purposes to
restore, repair, or replace facilities that have been damaged
or destroyed, including acquisition of sites.
(c) The Secretary may use any funds appropriated to or for
the use of the Coast Guard for other construction purposes to
acquire, construct, convert, extend, and install at Coast Guard
installations and facilities, needed permanent or temporary
public works, including the preparation of sites and the
furnishing of appurtenances, utilities, and equipment, but
excluding the construction of family quarters, costing not more
than $200,000 for any one project.
(d) Minor Construction and Improvement.--
(1) In general.--Subject to the reporting
requirements set forth in paragraph (2), each fiscal
year the Secretary may expend from amounts made
available for the [operating expenses] operations and
support of the Coast Guard not more than $1,500,000 for
minor construction and improvement projects at any
location.
(2) Report.--Not later than the date on which the
President submits to Congress a budget under section
1105 of title 31 each year, 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
report describing each project carried out under
paragraph (1), in the most recently concluded fiscal
year, for which the amount expended under such
paragraph for such project was more than $1,000,000. If
no such project was carried out during a fiscal year,
no report under this paragraph shall be required with
respect to that fiscal year.
* * * * * * *
Sec. 914. Disposition of infrastructure related to E-LORAN
(a) In General.--The Secretary may not carry out activities
related to the dismantling or disposal of infrastructure
comprising the LORAN-C system until the [date] later of the
date of the conveyance of the properties directed under section
533(a) of the Coast Guard Authorization Act of 2016 (Public Law
114-120) or the date on which the Secretary provides to the
Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives and
the Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate notice of a
[determination by the Secretary] determination by the Secretary
of Transportation under section 312(d) of title 49 that such
infrastructure is not required to provide a positioning,
navigation, and timing system to provide redundant capability
in the event the Global Positioning System signals are
disrupted.
(b) Exception.--Subsection (a) does not apply to activities
necessary for the safety of human life.
(c) Disposition of Property.--
(1) In general.--On any date after the notification
is made under subsection (a), the Administrator of
General Services, acting on behalf of the Secretary,
may, notwithstanding any other provision of law, sell
any real and personal property under the administrative
control of the Coast Guard and used for the LORAN-C
system, subject to such terms and conditions that the
Secretary believes to be necessary to protect
government interests and program requirements of the
Coast Guard.
[(2) Availability of proceeds.--
[(A) Availability of proceeds.--The proceeds
of such sales, less the costs of sale incurred
by the General Services Administration, shall
be deposited as offsetting collections into the
Coast Guard ``Environmental Compliance and
Restoration '' account and, without further
appropriation, shall be available until
expended for--
[(i) environmental compliance and
restoration purposes associated with
the LORAN-C system;
[(ii) the costs of securing and
maintaining equipment that may be used
as a backup to the Global Positioning
System or to meet any other Federal
navigation requirement;
[(iii) the demolition of improvements
on such real property; and
[(iv) the costs associated with the
sale of such real and personal
property, including due diligence
requirements, necessary environmental
remediation, and reimbursement of
expenses incurred by the General
Services Administration.
[(B) Other environmental compliance and
restoration activities.--After the completion
of activities described in subparagraph (A),
the unexpended balances of such proceeds shall
be available for any other environmental
compliance and restoration activities of the
Coast Guard.]
(2) Availability of proceeds.--The proceeds of such
sales, less the costs of sale incurred by the General
Services Administration, shall be deposited into the
Coast Guard Housing Fund and, without further
appropriation, shall be available until expended for
uses authorized under section 2946 of this title.
SUBCHAPTER II--MISCELLANEOUS
* * * * * * *
Sec. 933. Coast Guard ensigns and pennants
(a) Vessels and aircraft authorized by the Secretary shall be
distinguished from other vessels and aircraft by an ensign,
pennant, or other identifying insignia of such design as
prescribed by the Secretary. Such ensign, pennant, or other
identifying insignia shall be displayed in accordance with
regulations prescribed by the Secretary.
(b) No vessel or aircraft without authority shall carry,
hoist, or display any ensign, pennant, or other identifying
insignia prescribed for, or intended to resemble, any ensign,
pennant, or other identifying insignia prescribed for Coast
Guard vessels or aircraft. [Every person] An individual
violating this subsection shall be fined not more than $5,000,
or imprisoned for not more than two years, or both.
* * * * * * *
Sec. 937. Admiralty claims against the United States
(a) The Secretary may consider, ascertain, adjust, determine,
compromise, or settle, and pay in an amount not more than
[$100,000] $425,000, an admiralty claim against the United
States for--
(1) damage caused by a vessel in the Coast Guard
service or by other property under the jurisdiction of
the Department in which the Coast Guard is operating;
(2) compensation for towage and salvage services,
including contract salvage, rendered to a vessel in the
Coast Guard service or to other property under the
jurisdiction of the Department in which the Coast Guard
is operating; or
(3) damage caused by a maritime tort committed by an
agent or employee of the Department in which the Coast
Guard is operating or by property under the
jurisdiction of that Department.
(b) Upon acceptance of payment by the claimant, the
settlement or compromise of a claim under this section is final
and conclusive notwithstanding any other law.
(c) If a claim under this section is settled or compromised
for more than $100,000, the Secretary shall certify it to
Congress.
Sec. 938. Claims for damage to property of the United States
The Secretary may consider, ascertain, adjust, determine,
compromise, or settle claims for damage cognizable in admiralty
in a district court of the United States and all claims for
damage caused by a vessel or floating object, to property of
the United States under the jurisdiction of the Coast Guard or
property for which the Coast Guard may have assumed, by
contract or otherwise, any obligation to respond for damage
thereto. The Secretary is further authorized to receive in
payment of any such claim the amount due the United States
pursuant to determination, compromise, or settlement as herein
authorized and, upon acceptance of such payment but not until
then, such determination, settlement, or compromise of such
claim shall be final and conclusive for all purposes, any law
to the contrary notwithstanding. All such payments shall be
deposited in the Treasury of the United States as miscellaneous
receipts. The Secretary is further authorized to execute on
behalf of the United States and to deliver in exchange for such
payment a full release of such claim. This section, as respects
the determination, compromise, settlement, and payment of
claims, shall be supplementary to, and not in lieu of, all
other provisions of law authorizing the determination,
compromise, or settlement of claims for damage to property
hereinabove described. No settlement or compromise where there
is involved a payment in the net amount of over [$100,000]
$425,000 is authorized by this section.
* * * * * * *
Sec. 944. Confidential investigative expenses
Not more than $250,000 each fiscal year appropriated for
[necessary expenses for the operation] operations and support
of the Coast Guard shall be available for investigative
expenses of a confidential character, to be expended on the
approval or authority of the Commandant and payment to be made
on his certificate of necessity for confidential purposes, and
his determination shall be final and conclusive upon the
accounting officers of the Government.
* * * * * * *
CHAPTER 11--ACQUISITIONS
SUBCHAPTER I--GENERAL PROVISIONS
Sec.
1101. Acquisition directorate.
* * * * * * *
[1110. Mission need statement.]
1110. Elevation of disputes to the Chief Acquisition Officer.
1111. Acquisition workforce authorities.
* * * * * * *
SUBCHAPTER IV--DEFINITIONS
1171. Definitions.
720. Research projects; transactions other than contracts and grants.
SUBCHAPTER I--GENERAL PROVISIONS
* * * * * * *
Sec. 1102. Improvements in Coast Guard acquisition management
(a) Project or Program Managers.--
(1) Level 1 projects.--An individual may not be
assigned as the project or program manager for a Level
1 acquisition unless the individual holds a Level III
acquisition certification as a program manager.
(2) Level 2 projects.--An individual may not be
assigned as the project or program manager for a Level
2 acquisition unless the individual holds a Level II
acquisition certification as a program manager.
(b) Acquisition Workforce.--
(1) In general.--The Commandant shall designate a
sufficient number of positions to be in the Coast
Guard's acquisition workforce to perform acquisition-
related functions at Coast Guard headquarters and field
activities.
(2) Required positions.--In designating positions
under subsection (a), the Commandant shall include, at
a minimum, positions encompassing the following
competencies and functions:
(A) Program management.
(B) Systems planning, research, development,
engineering, and testing.
(C) Procurement, including contracting.
(D) Industrial and contract property
management.
(E) Life-cycle logistics.
(F) Quality control and assurance.
(G) Manufacturing and production.
(H) Business, cost estimating, financial
management, and auditing.
(I) Acquisition education, training, and
career development.
(J) Construction and facilities engineering.
(K) Testing and evaluation.
(3) Acquisition management headquarter activities.--
The Commandant shall also designate as positions in the
acquisition workforce under paragraph (1) those
acquisition-related positions located at Coast Guard
headquarters units.
(4) Appropriate expertise required.--The Commandant
shall ensure that each individual assigned to a
position in the acquisition workforce has the
appropriate expertise to carry out the responsibilities
of that position.
(c) Management Information System.--
(1) In general.--The Commandant shall establish a
management information system capability to improve
acquisition workforce management and reporting.
(2) Information maintained.--Information maintained
with such capability shall include the following
standardized information on individuals assigned to
positions in the workforce:
(A) Qualifications, assignment history, and
tenure of those individuals assigned to
positions in the acquisition workforce or
holding acquisition-related certifications.
(B) Promotion rates for officers and members
of the Coast Guard in the acquisition
workforce.
(d) Appointments to Acquisition Positions.--The Commandant
shall ensure that no requirement or preference for officers or
members of the Coast Guard is used in the consideration of
[persons] individuals for positions in the acquisition
workforce.
(e) Career Paths.--
(1) Identification of career paths.--To establish
acquisition management as a core competency of the
Coast Guard, the Commandant shall--
(A) ensure that career paths for officers,
members, and employees of the Coast Guard who
wish to pursue careers in acquisition are
identified in terms of the education, training,
experience, and assignments necessary for
career progression of those officers, members,
and employees to the most senior positions in
the acquisition workforce; and
(B) publish information on such career paths.
(2) Promotion parity.--The Commandant shall ensure
that promotion parity is established for officers and
members of the Coast Guard who have been assigned to
the acquisition workforce relative to officers and
members who have not been assigned to the acquisition
workforce.
* * * * * * *
Sec. 1110. Elevation of Disputes to the Chief Acquisition Officer
If, after 90 days following the elevation to the Chief
Acquisition Officer of any design or other dispute regarding
level 1 or level 2 acquisition, the dispute remains unresolved,
the Commandant shall provide to the appropriate congressional
committees a detailed description of the issue and the
rationale underlying the decision taken by the Chief
Acquisition Officer to resolve the issue.
Sec. 1111. Acquisition workforce authorities
(a) Expedited Hiring Authority.--
(1) In general.--For the purposes of section 3304 of
title 5, the Commandant may--
(A) designate any category of acquisition
positions within the Coast Guard as shortage
category positions; and
(B) use the authorities in such section to
recruit and appoint highly qualified persons
directly to positions so designated.
(2) Reports.--The Commandant shall include in reports
under section 1102 information described in that
section regarding positions designated under this
subsection.
(b) Reemployment Authority.--
(1) In general.--Except as provided in paragraph (2),
if an annuitant receiving an annuity from the Civil
Service Retirement and Disability Fund becomes employed
in any category of acquisition positions designated by
the Commandant under subsection (a), the annuity of the
annuitant so employed shall continue. The annuitant so
reemployed shall not be considered an employee for
purposes of subchapter III of chapter 83 or chapter 84
of title 5.
(2)(A) Election.--An annuitant retired under section
8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an
annuity from the Civil Service Retirement and
Disability Fund, who becomes employed in any category
of acquisition positions designated by the Commandant
under subsection (a) after date of enactment of the
Coast Guard Authorization Act of 2019, may elect to be
subject to section 8344 or 8468 of such title (as the
case may be).
(i) Deadline.--An election for coverage under
this subsection shall be filed not later than
90 days after the Commandant takes reasonable
actions to notify an employee who may file an
election.
(ii) Coverage.--If an employee files an
election under this subsection, coverage shall
be effective beginning on the first day of the
first applicable pay period beginning on or
after the date of the filing of the election.
(B) Application.--Paragraph (1) shall apply to an
individual who is eligible to file an election under
such subparagraph and does not file a timely election
under clause (i).
* * * * * * *
SUBTITLE II--PERSONNEL
* * * * * * *
CHAPTER 19--COAST GUARD ACADEMY
SUBCHAPTER I--ADMINISTRATION
Sec.
1901. Administration of Academy.
* * * * * * *
1905. Coast Guard Academy minority outreach team program.
* * * * * * *
SUBCHAPTER I--ADMINISTRATION
* * * * * * *
Sec. 1902. Policy on sexual harassment and sexual violence
(a) Required Policy.--The Commandant shall direct the
Superintendent of the Coast Guard Academy to prescribe a policy
on sexual harassment and sexual violence applicable to the
cadets and other personnel of the Academy.
(b) Matters To Be Specified in Policy.--The policy on sexual
harassment and sexual violence under this section shall include
specification of the following:
(1) Programs to promote awareness of the incidence of
rape, acquaintance rape, and other sexual offenses of a
criminal nature that involve cadets or other Academy
personnel.
(2) Information about how the Coast Guard and the
Academy will protect the confidentiality of victims of
sexual harassment or sexual violence, including how any
records, statistics, or reports intended for public
release will be formatted such that the confidentiality
of victims is not jeopardized.
(3) Procedures that cadets and other Academy
personnel should follow in the case of an occurrence of
sexual harassment or sexual violence, including--
(A) if the victim chooses to report an
occurrence of sexual harassment or sexual
violence, a specification of the [person or
persons] individual or individuals to whom the
alleged offense should be reported and options
for confidential reporting, including written
information to be given to victims that
explains how the Coast Guard and the Academy
will protect the confidentiality of victims;
(B) a specification of any other [person]
individual whom the victim should contact; and
(C) procedures on the preservation of
evidence potentially necessary for proof of
criminal sexual assault.
(4) Procedures for disciplinary action in cases of
criminal sexual assault involving a cadet or other
Academy personnel.
(5) Sanctions authorized to be imposed in a
substantiated case of sexual harassment or sexual
violence involving a cadet or other Academy personnel,
including with respect to rape, acquaintance rape, or
other criminal sexual offense, whether forcible or
nonforcible.
(6) Required training on the policy for all cadets
and other Academy personnel who process allegations of
sexual harassment or sexual violence involving a cadet
or other Academy personnel.
(c) Assessment.--
(1) In general.--The Commandant shall direct the
Superintendent to conduct at the Academy during each
Academy program year an assessment to determine the
effectiveness of the policies of the Academy with
respect to sexual harassment and sexual violence
involving cadets or other Academy personnel.
(2) Biennial survey.--For the assessment at the
Academy under paragraph (1) with respect to an Academy
program year that begins in an odd-numbered calendar
year, the Superintendent shall conduct a survey of
cadets and other Academy personnel--
(A) to measure--
(i) the incidence, during that
program year, of sexual harassment and
sexual violence events, on or off the
Academy reservation, that have been
reported to an official of the Academy;
and
(ii) the incidence, during that
program year, of sexual harassment and
sexual violence events, on or off the
Academy reservation, that have not been
reported to an official of the Academy;
and
(B) to assess the perceptions of the cadets
and other Academy personnel with respect to--
(i) the Academy's policies, training,
and procedures on sexual harassment and
sexual violence involving cadets or
other Academy personnel;
(ii) the enforcement of such
policies;
(iii) the incidence of sexual
harassment and sexual violence
involving cadets or other Academy
personnel; and
(iv) any other issues relating to
sexual harassment and sexual violence
involving cadets or other Academy
personnel.
(d) Report.--
(1) In general.--The Commandant shall direct the
Superintendent to submit to the Commandant a report on
sexual harassment and sexual violence involving cadets
or other Academy personnel for each Academy program
year.
(2) Report specifications.--Each report under
paragraph (1) shall include, for the Academy program
year covered by the report, the following:
(A) The number of sexual assaults, rapes, and
other sexual offenses involving cadets or other
Academy personnel that have been reported to
Academy officials during the Academy program
year and, of those reported cases, the number
that have been substantiated.
(B) A plan for the actions that are to be
taken in the following Academy program year
regarding prevention of and response to sexual
harassment and sexual violence involving cadets
or other Academy personnel.
(3) Biennial survey.--Each report under paragraph (1)
for an Academy program year that begins in an odd-
numbered calendar year shall include the results of the
survey conducted in that Academy program year under
subsection (c)(2).
(4) Transmission of report.--The Commandant shall
transmit each report received by the Commandant under
this subsection, together with the Commandant's
comments on the report, to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(5) Focus groups.--
(A) In general.--For each Academy program
year with respect to which the Superintendent
is not required to conduct a survey at the
Academy under subsection (c)(2), the Commandant
shall require focus groups to be conducted at
the Academy for the purposes of ascertaining
information relating to sexual assault and
sexual harassment issues at the Academy.
(B) Inclusion in reports.--Information
derived from a focus group under subparagraph
(A) shall be included in the next transmitted
Commandant's report under this subsection.
(e) Victim Confidentiality.--To the extent that information
collected under the authority of this section is reported or
otherwise made available to the public, such information shall
be provided in a form that is consistent with applicable
privacy protections under Federal law and does not jeopardize
the confidentiality of victims.
Sec. 1903. Annual Board of Visitors
(a) In General.--A Board of Visitors to the Coast Guard
Academy is established to review and make recommendations on
the operation of the Academy.
(b) Membership.--
(1) In general.--The membership of the Board shall
consist of the following:
(A) The chairman of the Committee on
Commerce, Science, and Transportation of the
Senate, or the chairman's designee.
(B) The chairman of the Committee on
Transportation and Infrastructure of the House
of Representatives, or the chairman's designee.
(C) 3 Members of the Senate designated by the
Vice President.
(D) 4 Members of the House of Representatives
designated by the Speaker of the House of
Representatives.
(E) 6 individuals designated by the
President.
(2) Length of service.--
(A) Members of congress.--A Member of
Congress designated under subparagraph (C) or
(D) of paragraph (1) as a member of the Board
shall be designated as a member in the First
Session of a Congress and serve for the
duration of that Congress.
(B) Individuals designated by the
president.--Each individual designated by the
President under subparagraph (E) of paragraph
(1) shall serve as a member of the Board for 3
years, except that any such member whose term
of office has expired shall continue to serve
until a successor is appointed.
(3) Death or resignation of a member.--If a member of
the Board dies or resigns, a successor shall be
designated for any unexpired portion of the term of the
member by the official who designated the member.
(c) Academy Visits.--
(1) Annual visit.--The Board shall visit the Academy
annually to review the operation of the Academy.
(2) Additional visits.--With the approval of the
Secretary, the Board or individual members of the Board
may make other visits to the Academy in connection with
the duties of the Board or to consult with the
Superintendent of the Academy.
(d) Scope of Review.--The Board shall review, with respect to
the Academy--
(1) the state of morale and discipline;
(2) recruitment and retention;
[(2)] (3) the curriculum;
[(3)] (4) instruction;
[(4)] (5) physical equipment;
[(5)] (6) fiscal affairs; and
[(6)] (7) other matters relating to the Academy that
the Board determines appropriate.
(e) Report.--Not later than 60 days after the date of an
annual visit of the Board under subsection (c)(1), the Board
shall submit to the Secretary, 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 actions of the Board during
such visit and the recommendations of the Board pertaining to
the Academy.
(f) Advisors.--If approved by the Secretary, the Board may
consult with advisors in carrying out this section.
(g) Reimbursement.--Each member of the Board and each adviser
consulted by the Board under subsection (f) shall be
reimbursed, to the extent permitted by law, by the Coast Guard
for actual expenses incurred while engaged in duties as a
member or adviser.
* * * * * * *
Sec. 1905. Coast Guard Academy minority outreach program
(a) In General.--There is established within the Coast Guard
Academy a minority outreach team program (in this section
referred to as the ``Program'' ) under which officers,
including minority officers and officers from territories and
other possessions of the United States, who are Academy
graduates may volunteer their time to recruit minority students
and strengthen cadet retention through mentorship of cadets.
(b) Administration.--Not later than July 15, 2020, the
Commandant, in consultation with Program volunteers and Academy
alumni that participated in prior programs at the Academy
similar to the Program, shall appoint a permanent civilian
position at the Academy to administer the Program by, among
other things--
(1) overseeing administration of the Program;
(2) serving as a resource to volunteers and outside
stakeholders;
(3) advising Academy leadership on recruitment and
retention efforts based on recommendations from
volunteers and outside stakeholders;
(4) establishing strategic goals and performance
metrics for the Program with input from active
volunteers and Academy leadership; and
(5) reporting annually to the Commandant on academic
year and performance outcomes of the goals for the
Program before the end of each academic year.
SUBCHAPTER II--CADETS
* * * * * * *
Sec. 1927. Cadets; initial clothing allowance
The Secretary may prescribe a sum which shall be credited to
each new cadet upon first admission to the Academy, to cover
the cost [of his initial] of an initial clothing and equipment
issue, which sum shall be deducted subsequently [from his pay]
from the pay of such cadet. Each cadet discharged prior to
graduation who is indebted to the United States on account of
advances of pay to purchase required clothing and equipment
shall be required to turn in to the Academy all clothing and
equipment of a distinctively military nature to the extent
required to discharge such indebtedness; and, if the value of
such clothing and equipment so turned in does not cover the
indebtedness incurred, then such indebtedness shall be
canceled.
* * * * * * *
SUBCHAPTER III--FACULTY
Sec. 1941. Civilian teaching staff
(a) The Secretary may appoint in the Coast Guard such number
of civilian faculty members at the Academy as the needs of the
Service may require. They shall have such titles and perform
duties as prescribed by the Secretary. Leaves of absence and
hours of work for civilian faculty members shall be governed by
regulations promulgated by the Secretary, without regard to the
provisions of title 5.
(b) The compensation of [persons] individuals employed under
this section is as prescribed by the Secretary.
* * * * * * *
CHAPTER 21--PERSONNEL; OFFICERS
SUBCHAPTER I--APPOINTMENT AND PROMOTION
Sec.
2101. Original appointment of permanent commissioned officers.
* * * * * * *
2130. Promotion to certain grades for officers with critical skills:
captain, commander, lieutenant commander, lieutenant.
2131. College Student Pre-Commissioning Initiative.
* * * * * * *
SUBCHAPTER I--APPOINTMENT AND PROMOTION
Sec. 2101. Original appointment of permanent commissioned officers
(a)(1) The President may appoint permanent commissioned
officers in the Regular Coast Guard in grades appropriate to
their qualification, experience, and length of service, as the
needs of the Coast Guard may require, from among the following
categories:
(A) Graduates of the Coast Guard Academy.
(B) Commissioned warrant officers, warrant officers,
and enlisted members of the Regular Coast Guard.
(C) Members of the Coast Guard Reserve who have
served at least 2 years as such.
(D) Licensed officers of the United States merchant
marine who have served 2 or more years aboard a vessel
of the United States in the capacity of a licensed
officer.
(2) Original appointments under this section in the grades of
lieutenant commander and above shall be made by the President
by and with the advice and consent of the Senate.
(3) Original appointments under this section in the grades of
ensign through lieutenant shall be made by the President alone.
(b) No [person] individual shall be appointed a commissioned
officer under this section until his mental, moral, physical,
and professional fitness to perform the duties of a
commissioned officer has been established under such
regulations as the Secretary shall prescribe.
(c) Appointees under this section shall take precedence in
the grade to which appointed in accordance with the dates of
their commissions as commissioned officers in such grade.
Appointees whose dates of commission are the same shall take
precedence with each other as the Secretary shall determine.
(d) For the purposes of this section, the term ``original'',
with respect to the appointment of a member of the Coast Guard,
refers to that member's most recent appointment in the Coast
Guard that is neither a promotion nor a demotion.
Sec. 2102. Active duty promotion list
(a) The Secretary shall maintain a single active duty
promotion list of officers of the Coast Guard on active duty in
the grades of ensign and above. Reserve officers on active
duty, other than pursuant to an active duty agreement executed
under section 12311 of title 10, retired officers, and officers
of the permanent commissioned teaching staff of the Coast Guard
Academy shall not be included on the active duty promotion
list.
(b) Officers shall be carried on the active duty promotion
list in the order of seniority of the grades in which they are
serving. Officers serving in the same grade shall be carried in
the order of their seniority in that grade. The Secretary may
correct any erroneous position on the active duty promotion
list that was caused by administrative error.
(c) [A person] An individual appointed in the grade of ensign
or above in the Regular Coast Guard shall be placed on the
active duty promotion list in the order of his date of rank and
seniority.
(d) A Reserve officer, other than one excluded by subsection
(a), shall, when he enters on active duty, be placed on the
active duty promotion list in accordance with his grade and
seniority. The position of such a Reserve officer among other
officers of the Coast Guard on active duty who have the same
date of rank shall be determined by the Secretary.
Sec. 2103. Number and distribution of commissioned officers on active
duty promotion list
(a) Maximum Total Number.--The total number of Coast Guard
commissioned officers on the active duty promotion list,
excluding warrant officers, shall not exceed 6,900; except that
the Commandant may temporarily increase that number by up to 2
percent for no more than 60 days following the date of the
commissioning of a Coast Guard Academy class.
(b) Distribution Percentages by Grade.--
(1) Required.--The total number of commissioned
officers authorized by this section shall be
distributed in grade in the following percentages:
0.375 percent for rear admiral; 0.375 percent for rear
admiral (lower half); 6.0 percent for captain; 15.0
percent for commander; and 22.0 percent for lieutenant
commander.
(2) Discretionary.--The Secretary shall prescribe the
percentages applicable to the grades of lieutenant,
lieutenant (junior grade), and ensign.
(3) Authority of secretary to reduce percentage.--The
Secretary--
(A) may reduce, as the needs of the Coast
Guard require, any of the percentages set forth
in paragraph (1); and
(B) shall apply that total percentage
reduction to any other lower grade or
combination of lower grades.
(c) Computations.--
(1) In general.--The Secretary shall compute, at
least once each year, the total number of commissioned
officers authorized to serve in each grade by applying
the grade distribution percentages established by or
under this section to the total number of commissioned
officers listed on the current active duty promotion
list.
(2) Rounding fractions.--Subject to subsection (a),
in making the computations under paragraph (1), any
fraction shall be rounded to the nearest whole number.
(3) Treatment of officers serving outside coast
guard.--The number of commissioned officers on the
active duty promotion list below the rank of [rear
admiral (lower half)] vice admiral serving with other
Federal departments or agencies on a reimbursable basis
or excluded under section 324(d) of title 49 shall not
be counted against the total number of commissioned
officers authorized to serve in each grade.
(d) Use of Numbers; Temporary Increases.--The numbers
resulting from computations under subsection (c) shall be, for
all purposes, the authorized number in each grade; except that
the authorized number for a grade is temporarily increased
during the period between one computation and the next by the
number of officers originally appointed in that grade during
that period and the number of officers of that grade for whom
vacancies exist in the next higher grade but whose promotion
has been delayed for any reason.
(e) Officers Serving Coast Guard Academy and Reserve.--The
number of officers authorized to be serving on active duty in
each grade of the permanent commissioned teaching staff of the
Coast Guard Academy and of the Reserve serving in connection
with organizing, administering, recruiting, instructing, or
training the reserve components shall be prescribed by the
Secretary.
Sec. 2104. Appointment of temporary officers
(a) The president may appoint temporary commissioned
officers--
(1) in the Regular Coast Guard in a grade, not above
lieutenant, appropriate to their qualifications,
experience, and length of service, as the needs of the
Coast Guard may require, from among the commissioned
warrant officers, warrant officers, and enlisted
members of the Coast Guard, and from holders of
licenses issued under chapter 71 of title 46; and
(2) in the Coast Guard Reserve in a grade, not above
lieutenant, appropriate to their qualifications,
experience, and length of service, as the needs of the
Coast Guard may require, from among the commissioned
warrant officers of the Coast Guard Reserve.
(b) Temporary appointments under this section do not change
the permanent, probationary, or acting status of [persons]
individuals so appointed, prejudice them in regard to promotion
or appointment, or abridge their rights or benefits. [A person]
An individual who is appointed under this section may not
suffer any reduction in the rate of pay and allowances to which
he would have been entitled had he remained in his former grade
and continued to receive the increases in pay and allowances
authorized for that grade.
(c) An appointment under this section, or a subsequent
promotion appointment of a temporary officer, may be vacated by
the appointing officer at any time. Each officer whose
appointment is so vacated shall revert to his permanent status.
(d) Appointees under this section shall take precedence in
the grade to which appointed in accordance with the dates of
their appointments as officers in such grade. Appointees whose
dates of appointment are the same shall take precedence with
each other as the Secretary shall determine.
* * * * * * *
Sec. 2108. Selection boards; notice of convening; communication with
board
(a) Before a board is convened under section 2106 of this
title, notice of the convening date, the promotion zone to be
considered, and the officers eligible for consideration shall
be given to the service at large.
(b) Each officer eligible for consideration by a selection
board convened under section 2106 of this title may send a
communication through official channels to the board, to arrive
not later than the date the board convenes, inviting attention
to any matter of record in the armed forces concerning
[himself] such officer. A communication sent under this section
may not criticize any officer or reflect upon the character,
conduct, or motive of any officer.
* * * * * * *
Sec. 2113. Eligibility of officers for consideration for promotion
(a) An officer on the active duty promotion list becomes
eligible for consideration for promotion to the next higher
grade at the beginning of the promotion year in which he
completes the following amount of service computed from his
date of rank in the grade in which he is serving:
(1) two years in the grade of lieutenant (junior
grade);
(2) three years in the grade of lieutenant;
(3) four years in the grade of lieutenant commander;
(4) four years in the grade of commander; and
(5) three years in the grade of captain.
(b) For the purpose of this section, service in a grade
includes all qualifying service in that grade or a higher
grade, under either a temporary or permanent appointment.
However, service in a grade under a temporary service
appointment under section 2125 of this title is considered as
service only in the grade that the officer concerned would have
held had he not been so appointed.
(c) No officer may become eligible for consideration for
promotion until all officers of his grade senior to him are so
eligible.
(d) Except when his name is on a list of selectees, each
officer who becomes eligible for consideration for promotion to
the next higher grade remains eligible so long as he--
(1) continues on active duty; and
(2) is not promoted to that grade.
(e) An officer whose involuntary retirement or separation is
deferred under section 2156 of this title is not eligible for
consideration for promotion to the next higher grade during the
period of that deferment.
(f) The Secretary may waive subsection (a) to the extent
necessary to allow officers described therein to have at least
two opportunities for consideration for promotion to the next
higher grade as officers below the promotion zone.
(g)(1) Notwithstanding subsection (a), the Commandant may
provide that an officer may, upon the officer's request and
with the approval of the Commandant, be excluded from
consideration by a selection board convened under section
2106(a).
(2) The Commandant shall approve a request under paragraph
(1) only if--
(A) the basis for the request is to allow the officer
to complete a broadening assignment, advanced
education, another assignment of significant value to
the Coast Guard, a career progression requirement
delayed by the assignment or education, or a qualifying
personal or professional circumstance, as determined by
the Commandant;
(B) the Commandant determines the exclusion from
consideration is in the best interest of the Coast
Guard; and
(C) the officer has not previously failed of
selection for promotion to the grade for which the
officer requests the exclusion from consideration.
* * * * * * *
Sec. 2118. Selection boards; submission of reports
(a) A board convened under section 2106 of this title shall
submit its report to the Secretary. If the board has acted
contrary to law or regulation, the Secretary may return the
report for proceedings in revision and resubmission to the
Secretary. After his final review, the Secretary shall submit
the report of the board to the President for his approval,
modification, or disapproval.
(b) If any officer recommended for promotion is not
acceptable to the President, the President may remove the name
of that officer from the report of the board.
(c) Upon approval by the President the names of officers
selected for promotion by a board convened under section 2106
of this title shall be promptly disseminated to the service at
large.
(d) Except as required by this section, the proceedings of a
selection board, including a special selection board convened
under section 2120, shall not be disclosed to any [person]
individual who is not a member of the board.
* * * * * * *
Sec. 2130. Promotion to certain grades for officers with critical
skills: captain, commander, lieutenant commander,
lieutenant
(a) In General.--An officer in the grade of lieutenant
(junior grade), lieutenant, lieutenant commander, or commander,
who is described in subsection (b) may be temporarily promoted
to the grade of lieutenant, lieutenant commander, commander, or
captain under regulations prescribed by the Secretary.
Appointments under this section shall be made by the President,
by and with the advice and consent of the Senate.
(b) Covered Officers.--An officer described in this
subsection is any officer in a grade specified in subsection
(a) who--
(1) has a skill in which the Coast Guard has a
critical shortage of personnel (as determined by the
Secretary); and
(2) is serving in a position (as determined by the
Secretary) that--
(A) is designated to be held by a lieutenant,
lieutenant commander, commander, or captain;
and
(B) requires that an officer serving in such
position have the skill possessed by such
officer.
(c) Preservation of Position and Status of Officers
Appointed.--
(1) The temporary positions authorized under this
section shall not be counted among or included in the
list of positions on the active duty promotion list.
(2) An appointment under this section does not change
the position on the active-duty list or the permanent,
probationary, or acting status of the officer so
appointed, prejudice the officer in regard to other
promotions or appointments, or abridge the rights or
benefits of the officer.
(d) Board Recommendation Required.--A temporary promotion
under this section may be made only upon the recommendation of
a board of officers convened by the Secretary for the purpose
of recommending officers for such promotions.
(e) Acceptance and Effective Date of Appointment.--Each
appointment under this section, unless expressly declined, is,
without formal acceptance, regarded as accepted on the date
such appointment is made, and a member so appointed is entitled
to the pay and allowances of the grade of the temporary
promotion under this section beginning on the date the
appointment is made.
(f) Termination of Appointment.--Unless sooner terminated, an
appointment under this section terminates--
(1) on the date the officer who received the
appointment is promoted to the permanent grade of
lieutenant, lieutenant commander, commander, or
captain;
(2) on the date the officer is detached from a
position described in subsection (b)(2), unless the
officer is on a promotion list to the permanent grade
of lieutenant, lieutenant commander, commander, or
captain, in which case the appointment terminates on
the date the officer is promoted to that grade; or
(3) when the appointment officer determines that the
officer who received the appointment has engaged in
misconduct or has displayed substandard performance.
(g) Limitation on Number of Eligible Positions.--An
appointment under this section may only be made for service in
a position designated by the Secretary for the purposes of this
section. The number of positions so designated may not exceed
the following percentages of the respective grades:
(1) As lieutenant, 0.5 percent.
(2) As lieutenant commander, 3.0 percent.
(3) As commander, 2.6 percent.
(4) As captain, 2.6 percent.
Sec. 2131. College Student Pre-Commissioning Initiative
(a) In General.--There is authorized within the Coast Guard
the College Student Pre-Commissioning Initiative program (in
this section referred to as the `program') for eligible
undergraduate students to enlist and receive a guaranteed
commission as an officer in the Coast Guard.
(b) Criteria for Selection.--To be eligible for the program a
student must meet the following requirements upon submitting an
application:
(1) Age.--A student must be not less than 19 years
old and not more than 27 years old as of September 30
of the fiscal year in which the program selection panel
selecting such student convenes.
(2) Character.--
(A) All applicants.--All applicants must be
of outstanding moral character and meet other
character requirements as set forth by the
Commandant.
(B) Coast guard applicants.--An applicant
serving in the Coast Guard may not be
commissioned if in the 36 months prior to the
first Officer Candidate School class convening
date in the selection cycle, such applicant was
convicted by a court-martial or awarded non-
judicial punishment, or did not meet
performance or character requirements set forth
by the Commandant.
(3) Citizenship.--A student must be a United States
citizen.
(4) Clearance.--A student must be eligible for a
secret clearance.
(5) Dependency.--
(A) A student may not have more than 2
dependents; and
(B) A student who is single may not have sole
or primary custody of dependents.
(6) Education.--
(A) Institution.--A student must be an
undergraduate sophomore or junior--
(i) at a historically Black college
or university described in section
322(2) of the Higher Education Act of
1965 (20 U.S.C. 1061(2)) or an
institution of higher education
described in section 371(a) of the
Higher Education Act of 1965 (20 U.S.C.
1067q(a)); or
(ii) who is active in minority-
serving organizations and pursuing a
degree in science, technology,
engineering, or mathematics at an
institution of higher education
described in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)
that is not a historically Black
college or university or institution of
higher education referred to in clause
(i) of this subparagraph.
(B) Location.--The institution at which such
student is an undergraduate must be within 100
miles of a Coast guard unit or Coast Guard
Recruiting Office unless otherwise approved by
the Commandant.
(C) Records.--A student must meet credit and
grade point average requirements set forth by
the Commandant.
(7) Medical and administrative.--A student must meet
other medical and administrative requirements as set
forth by the Commandant.
(c) Enlistment and Obligation.--Individuals selected and
accept to participate in the program shall enlist in the Coast
Guard in pay grade E-3 with a four year duty obligation and
four year inactive Reserve obligation.
(d) Military Activities Prior to Officer Candidate School.--
Individuals enrolled in the program shall participate in
military activities each month, as required by the Commandant,
prior to attending Officer Candidate School.
(e) Participation in Officer Candidate School.--Each graduate
of the program shall attend the first enrollment of Officer
Candidate School that commences after the date of such
graduate's graduation.
(f) Commissioning.--Upon graduation from Officer Candidate
School, program graduates shall be discharged from enlisted
status and commissioned as an O-1 with an initial three-year
duty obligation.
(g) Briefing.--
(1) In general.--Not later than August 15 of each
year, the Commandant shall provide a briefing to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the
College Student Pre-Commissioning Initiative.
(2) Contents.--The briefing required under paragraph
(1) shall describe--
(A) outreach and recruitment efforts over the
previous year; and
(B) demographic information of enrollees
including--
(i) race;
(ii) ethnicity;
(iii) gender;
(iv) geographic origin; and
(v) educational institution.
SUBCHAPTER II--DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS;
SEPARATION FOR CAUSE
* * * * * * *
Sec. 2147. Regular warrant officers: separation pay
(a) A regular warrant officer of the Coast Guard who is
discharged under section 580 of title 10, and has completed 6
or more, but less than 20, continuous years of active service
immediately before that discharge is entitled to separation pay
computed under subsection (d)(1) of section 1174 of title 10.
(b) A regular warrant officer of the Coast Guard who is
discharged under section 1165 or 1166 of title 10, and has
completed 6 or more, but less than 20, continuous years of
active service immediately before that discharge is entitled to
separation pay computed under subsection (d)(1) or (d)(2) of
section 1174 of title 10, as determined under regulations
promulgated by the Secretary.
(c) In determining a member's years of active service for the
purpose of computing separation pay under this section, each
full month of service that is in addition to the number of full
years of service creditable to the member is counted as one-
twelfth of a year and any remaining fractional part of a month
is disregarded.
(d) The acceptance of separation pay under this section does
not deprive [a person] an individual of any retirement benefits
from the United States. However, there shall be deducted from
each of his retirement payments so much thereof as is based on
the service for which he has received separation pay under this
section, until the total deductions equal the amount of such
separation pay.
* * * * * * *
Sec. 2150. Captains; continuation on active duty; involuntary
retirement
(a) The Secretary may, whenever the needs of the service
require, but not more often than annually, convene a board
consisting of not less than six officers of the grade of rear
admiral (lower half) or rear admiral to recommend for
continuation on active duty officers on the active duty
promotion list serving in the grade of captain, who during the
promotion year in which the board meets will complete at least
three years' service in that grade and who have not been
selected for promotion to the grade of rear admiral (lower
half). Officers who are subject to retirement under section
2149 of this title during the promotion year in which the board
meets shall not be considered by this board.
(b) Whenever he convenes a board under this section, the
Secretary shall establish a continuation zone. The zone shall
consist of the most senior captains eligible for consideration
for continuation on active duty who have not previously been
placed in a continuation zone under this section. The Secretary
shall, based upon the needs of the service, prescribe the
number of captains to be included in the zone.
(c) Based on the needs of the service the Secretary shall
furnish the board with the number of officers that may be
recommended for continuation on active duty. This number shall
be no less than 50 percent of the number considered. The board
shall select from the designated continuation zone, in the
number directed by the Secretary, those officers who are, in
the opinion of the board, best qualified for continuation on
active duty.
(d) The provisions of sections 2108, 2109, 2115, and 2117 of
this title relating to selection for promotion shall, to the
extent that they are not inconsistent with the provisions of
this section, apply to boards convened under this section.
(e) The Secretary shall prescribe by regulation the detailed
procedures whereby officers in a continuation zone will be
selected for continuation on active duty.
(f) A board convened under this section shall submit its
report to the Secretary. If the board has acted contrary to law
or regulation, the Secretary may return the report for
proceedings in revision and resubmission to the Secretary.
After his final review the Secretary shall submit the report of
the board to the President for his approval. Except as required
by the procedures of this section, the proceedings of the board
shall not be disclosed to any [person] individual who is not a
member of the board.
(g) Each officer who is considered but not recommended for
continuation on active duty under the provisions of this
section shall, unless retired under some other provision of
law, be retired on June 30 of the promotion year in which the
report of the continuation board convened under this section is
approved, or the last day of the month in which he completes
twenty years of active service, whichever is later.
(h) Notwithstanding subsection (g) and section 2149 of this
title, the Commandant may by annual action retain on active
duty from promotion year to promotion year any officer who
would otherwise be retired under subsection (g) or section 2149
of this title. An officer so retained, unless retired under
some other provision of law, shall be retired on June 30 of
that promotion year in which no action is taken to further
retain the officer under this subsection.
* * * * * * *
Sec. 2161. Composition of boards
(a) A board convened under section 2158, 2159, or 2160 of
this title shall consist of at least three officers of the
grade of commander or above, all of whom are serving in a grade
senior to the grade of any officer considered by the board.
(b) No [person] individual may be a member of more than one
board convened under section 2158, 2159, or 2160 of this title
to consider the same officer.
* * * * * * *
CHAPTER 23--PERSONNEL; ENLISTED
* * * * * * *
Sec. 2317. Aviation cadets; procurement; transfer
(a) The grade of aviation cadet is established as a special
enlisted grade in the Coast Guard. Under such regulations as
the Secretary prescribes, citizens in civil life may be
enlisted as, and enlisted members of the Coast Guard with their
consent may be designated as, aviation cadets.
(b) Except in time of war or national emergency declared by
Congress, not less than 20 percent of the aviation cadets
procured in each fiscal year shall be procured from qualified
enlisted members of the Coast Guard.
(c) No [persons] individuals may be enlisted or designated as
an aviation cadet unless--
(1) the [person] individual agrees in writing that,
upon successful completion of the course of training as
an aviation cadet, the [person] individual will accept
a commission as an ensign in the Coast Guard Reserve
and will serve on active duty as such for at least
three years, unless sooner released; and
(2) if under twenty-one years of age, the [person]
individual has the consent of the [person's]
individual's parent or guardian to the agreement.
(d) Under such regulations as the Secretary prescribes, an
aviation cadet may be transferred to another enlisted grade or
rating in the Coast Guard, released from active duty, or
discharged.
* * * * * * *
CHAPTER 25--PERSONNEL; GENERAL PROVISIONS
SUBCHAPTER I--GENERAL PROVISIONS
Sec.
2501. Grade on retirement.
* * * * * * *
2514. Career flexibility to enhance retention of members.
* * * * * * *
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 2501. Grade on retirement
(a) [Any] Commissioned Officer._
(1) In general._Any commissioned officer, other than
a commissioned warrant officer, who is retired under
any provision of this title, shall be retired from
active service with the highest grade held by [him]
such officer for not less than six months while on
active duty in which, as determined by the Secretary,
[his] the officer's performance of duty was
satisfactory.
(2) Conditional determination.--When an officer is
under investigation for alleged misconduct at the time
of retirement, the Secretary may conditionally
determine the highest grade of satisfactory service of
the officer pending completion of the investigation.
Such grade is subject to resolution under subsection
(c)(2).
(b) [Any] Warrant Officer._Any warrant officer who is
retired under any provision of section 580, 1263, 1293, or 1305
of title 10, shall be retired from active service with the
highest commissioned grade above chief warrant officer, W-4,
held by [him] such warrant officer for not less than six months
on active duty in which, as determined by the Secretary, [his]
the warrant officer's performance of duty was satisfactory.
(c) Retirement in Next Lower Grade.--
(1) Misconduct in lower grade.--In the case of an
officer whom the Secretary determines committed
misconduct in a lower grade, the Secretary may
determine the officer has not served satisfactorily in
any grade equal to or higher than that lower grade.
(2) Conditional determination.--A determination of
the retired grade of an officer shall be resolved
following a conditional determination under subsection
(a)(2) or (b)(2) if the investigation of or personnel
action against the officer or warrant officer, as
applicable, results in adverse findings.
(3) Retired pay; recalculation.--If the retired grade
of an officer is reduced, the retired pay of the
officer under chapter 71 of title 10 shall be
recalculated, and any modification of the retired pay
of the officer shall go into effect on the effective
date of the reduction in retired grade.
(d) Finality of Retired Grade Determinations.--
(1) Administrative finality.--Except as otherwise
provided by law, a determination of the retired grade
of an officer pursuant to this section is
administratively final on the day the officer is
retired, and may not be reopened.
(2) Reopening determination.--A determination of the
retired grade of an officer may be reopened as follows:
(A) If the retirement or retired grade of the
officer was procured by fraud.
(B) If substantial evidence comes to light
after the retirement that could have led to a
lower retired grade under this section if known
by competent authority at the time of
retirement.
(C) If a mistake of law or calculation was
made in the determination of the retired grade.
(D) In the case of a retired grade following
a conditional determination under subsection
(a)(2) or (b)(2), if the investigation of or
personnel action against the officer, as
applicable, results in an adverse finding.
(E) If the Secretary determines, pursuant to
regulations prescribed by the Secretary, that
good cause exists to reopen the determination
or certification.
(3) Notification of reopening.--If a determination or
certification of the retired grade of an officer is
reopened, the Secretary--
(A) shall notify the officer of the
reopening; and
(B) may not make an adverse determination on
the retired grade of the officer until the
officer has had a reasonable opportunity to
respond regarding the basis of the reopening.
(4) Retired pay; recalculation.--If the retired grade
of an officer is reduced through the reopening of the
officer's or warrant officer's retired grade, the
retired pay of the officer under chapter 71 of title 10
shall be recalculated, and any modification of the
retired pay of the officer shall go into effect on the
effective date of the reduction of the officer's
retired grade.
* * * * * * *
Sec. 2514. Career flexibility to enhance retention of members
(a) Programs Authorized.--The Commandant may carry out a
program under which members of the Coast Guard may be
inactivated from active service in order to meet personal or
professional needs and returned to active service at the end of
such period of inactivation from active service.
(b) Period of Inactivation From Active Service; Effect of
Inactivation.--
(1) In general.--The period of inactivation from
active service under a program under this section of a
member participating in the program shall be such
period as the Commandant shall specify in the agreement
of the member under subsection (c), except that such
period may not exceed three years.
(2) Exclusion from years of service.--Any service by
a Reserve officer while participating in a program
under this section shall be excluded from computation
of the total years of service of that officer pursuant
to section 14706(a) of title 10.
(3) Exclusion from retirement.--Any period of
participation of a member in a program under this
section shall not count toward--
(A) eligibility for retirement or transfer to
the Ready Reserve under either chapter 571 or
1223 of title 10; or
(B) computation of retired or retainer pay
under chapter 71 or 1223 of title 10.
(c) Agreement.--Each member of the Coast Guard who
participates in a program under this section shall enter into a
written agreement with the Commandant under which that member
shall agree as follows:
(1) To accept an appointment or enlist, as
applicable, and serve in the Coast Guard Ready Reserve
during the period of the inactivation of the member
from active service under the program.
(2) To undergo during the period of the inactivation
of the member from active service under the program
such inactive service training as the Commandant shall
require in order to ensure that the member retains
proficiency, at a level determined by the Commandant to
be sufficient, in the military skills, professional
qualifications, and physical readiness of the member
during the inactivation of the member from active
service.
(3) Following completion of the period of the
inactivation of the member from active service under
the program, to serve two months as a member of the
Coast Guard on active service for each month of the
period of the inactivation of the member from active
service under the program.
(d) Conditions of Release.--The Commandant shall prescribe
regulations specifying the guidelines regarding the conditions
of release that must be considered and addressed in the
agreement required by subsection (c). At a minimum, the
Commandant shall prescribe the procedures and standards to be
used to instruct a member on the obligations to be assumed by
the member under paragraph (2) of such subsection while the
member is released from active service.
(e) Order to Active Service.--Under regulations prescribed by
the Commandant, a member of the Coast Guard participating in a
program under this section may, in the discretion of the
Commandant, be required to terminate participation in the
program and be ordered to active service.
(f) Pay and Allowances.--
(1) Basic pay.--During each month of participation in
a program under this section, a member who participates
in the program shall be paid basic pay in an amount
equal to two-thirtieths of the amount of monthly basic
pay to which the member would otherwise be entitled
under section 204 of title 37 as a member of the
uniformed services on active service in the grade and
years of service of the member when the member
commences participation in the program.
(2) Special or incentive pay or bonus.--
(A) Prohibition.--A member who participates
in such a program shall not, while
participating in the program, be paid any
special or incentive pay or bonus to which the
member is otherwise entitled under an agreement
under chapter 5 of title 37 or section 1925 of
this title that is in force when the member
commences participation in the program.
(B) Not treated as failure to perform
services.--The inactivation from active service
of a member participating in a program shall
not be treated as a failure of the member to
perform any period of service required of the
member in connection with an agreement for a
special or incentive pay or bonus under chapter
5 of title 37 that is in force when the member
commences participation in the program.
(3) Return to active service.--
(A) Special or incentive pay or bonus.--
Subject to subparagraph (B), upon the return of
a member to active service after completion by
the member of participation in a program--
(i) any agreement entered into by the
member under chapter 5 of title 37 for
the payment of a special or incentive
pay or bonus that was in force when the
member commenced participation in the
program shall be revived, with the term
of such agreement after revival being
the period of the agreement remaining
to run when the member commenced
participation in the program; and
(ii) any special or incentive pay or
bonus shall be payable to the member in
accordance with the terms of the
agreement concerned for the term
specified in clause (i).
(B) Limitation.--
(i) In general.--Subparagraph (A)
shall not apply to any special or
incentive pay or bonus otherwise
covered by that subparagraph with
respect to a member if, at the time of
the return of the member to active
service as described in that
subparagraph--
(I) such pay or bonus is no
longer authorized by law; or
(II) the member does not
satisfy eligibility criteria
for such pay or bonus as in
effect at the time of the
return of the member to active
service.
(ii) Pay or bonus ceases being
authorized.--Subparagraph (A) shall
cease to apply to any special or
incentive pay or bonus otherwise
covered by that subparagraph with
respect to a member if, during the term
of the revived agreement of the member
under subparagraph (A)(i), such pay or
bonus ceases being authorized by law.
(C) Repayment.--A member who is ineligible
for payment of a special or incentive pay or
bonus otherwise covered by this paragraph by
reason of subparagraph (B)(i)(II) shall be
subject to the requirements for repayment of
such pay or bonus in accordance with the terms
of the applicable agreement of the member under
chapter 5 of title 37.
(D) Required service is additional.--Any
service required of a member under an agreement
covered by this paragraph after the member
returns to active service as described in
subparagraph (A) shall be in addition to any
service required of the member under an
agreement under subsection (c).
(4) Travel and transportation allowance.--
(A) In general.--Subject to subparagraph (B),
a member who participates in a program is
entitled, while participating in the program,
to the travel and transportation allowances
authorized by section 474 of title 37 for--
(i) travel performed from the
residence of the member, at the time of
release from active service to
participate in the program, to the
location in the United States
designated by the member as the
member's residence during the period of
participation in the program; and
(ii) travel performed to the
residence of the member upon return to
active service at the end of the
participation of the member in the
program.
(B) Single residence.--An allowance is
payable under this paragraph only with respect
to travel of a member to and from a single
residence.
(5) Leave balance.--A member who participates in a
program is entitled to carry forward the leave balance
existing as of the day on which the member begins
participation and accumulated in accordance with
section 701 of title 10, but not to exceed 60 days.
(g) Promotion.--
(1) Officers.--
(A) In general.--An officer participating in
a program under this section shall not, while
participating in the program, be eligible for
consideration for promotion under chapter 21 or
37 of this title.
(B) Return to service.--Upon the return of an
officer to active service after completion by
the officer of participation in a program--
(i) the Commandant may adjust the
date of rank of the officer in such
manner as the Commandant shall
prescribe in regulations for purposes
of this section; and
(ii) the officer shall be eligible
for consideration for promotion when
officers of the same competitive
category, grade, and seniority are
eligible for consideration for
promotion.
(2) Enlisted members.--An enlisted member
participating in a program shall not be eligible for
consideration for advancement during the period that--
(A) begins on the date of the inactivation of
the member from active service under the
program; and
(B) ends at such time after the return of the
member to active service under the program that
the member is treatable as eligible for
promotion by reason of time in grade and such
other requirements as the Commandant shall
prescribe in regulations for purposes of the
program.
(h) Continued Entitlements.--A member participating in a
program under this section shall, while participating in the
program, be treated as a member of the Armed Forces on active
duty for a period of more than 30 days for purposes of--
(1) the entitlement of the member and of the
dependents of the member to medical and dental care
under the provisions of chapter 55 of this title; and
(2) retirement or separation for physical disability
under the provisions of chapter 61 of title 10 and
chapters 21 and 23 of this title.
SUBCHAPTER II--LIGHTHOUSE SERVICE
Sec. 2531. Personnel of former Lighthouse Service
(a) Any [person] individual of the former Lighthouse Service
commissioned as an officer in the Coast Guard shall be an extra
number in his grade and in the grades to which he may be
promoted. He shall take precedence (1) with other officers
commissioned in his grade from the former Lighthouse Service as
the Secretary of the Treasury may determine, and (2) with other
line officers in his grade in accordance with the respective
dates of their commissions in such grade. He shall be eligible
for promotion, if otherwise qualified, at such time as the
officer in a regular number in line of promotion next above him
on the seniority list becomes eligible for promotion; or if
there be no such officer in his grade, he shall be eligible for
promotion, if otherwise qualified, when a vacancy occurs in the
next higher grade. An officer so commissioned shall be assigned
to duty for which he is specially qualified, and professional
examinations for promotion given to such officer shall embrace
only subjects which pertain to the duty to which he is
assigned.
(b) Each vacancy (1) hereafter occurring in the extra numbers
of such officers; (2) existing on August 5, 1939, in positions
in the Lighthouse Service formerly held by personnel eligible
for such commissions; and (3) created by the retirement,
resignation, death, or separation from the service for any
other cause, of such personnel who do not possess the
qualifications prescribed by the Secretary of the Treasury or
who, being qualified, do not accept a commission thereunder,
shall operate to increase by one the total authorized number of
line officers of the Coast Guard.
(c) All [persons] individuals of the former Lighthouse
Service commissioned, appointed, or enlisted in the Coast Guard
shall be subject to all laws and regulations for the government
of the Coast Guard, and nothing contained in this title shall
be construed to prevent the application to any of such
[persons] individuals of laws and regulations concerning the
military discipline of commissioned and warrant officers and
enlisted members of the Coast Guard.
(d) In computing length of service, for the purpose of
retirement in the Coast Guard, of any [person] individual of
the former Lighthouse Service commissioned, appointed, or
enlisted in the Coast Guard, there shall be included all
service computable for retirement under the provisions of
section 763 of title 33; and after July 1, 1948, in computing
longevity for the purpose of pay of such [person] individual
there shall be included all service of such [person] individual
in the Lighthouse Service.
(e) No [person] individual so commissioned, appointed, or
enlisted in the Coast Guard shall suffer any reduction in the
total of the annual compensation and allowances which he was
receiving on the date of his commission, appointment, or
enlistment. Upon his retirement from active duty in the Coast
Guard, the retired pay of any [person] individual so
commissioned, appointed, or enlisted, shall not be less than an
annuity computed in accordance with the provisions of section
763 of title 33, substituting, however, for purposes of such
computation, the annual compensation which he was receiving on
the date of his commission, appointment, or enlistment in the
Coast Guard for the average annual pay received by him for the
last five years of service.
(f) Notwithstanding any other provision of law, chapter 51,
subchapter III of chapter 53, and sections 5542-5546 of title 5
shall not apply to civilian keepers of lighthouses and to
civilians employed on lightships and other vessels of the Coast
Guard.
(g)(1) The head of the department in which the Coast Guard is
operating under regulations prescribed by him, may regulate the
hours of duty and the pay of civilian keepers of lighthouses
and civilians employed on lightships and other vessels of the
Coast Guard, but such personnel may be called upon for duty in
emergency circumstances or otherwise at any time or all times.
The existing system governing the pay of such employees may be
continued or changed except that overtime compensation, night
differential, and extra pay for duty on holidays shall not be
paid to such employees. In lieu thereof additional annual
compensation may be authorized, which may be prescribed either
as a fixed differential or as a percentage of the basic
compensation otherwise applicable to such employees. In no case
shall basic compensation exceed $15,000 per annum, except that
nothing contained in this subsection shall operate to decrease
the basic compensation of any [person] individual employed by
the Coast Guard on the date of enactment of this subsection,
and in no case shall additions thereto exceed 25 percent of
such basic compensation. Provision may be made for compensatory
absence from duty when conditions of employment result in
confinement because of isolation or in long periods of
continuous duty; and provisions may likewise be made for extra
allowance for service outside of the continental limits of the
United States.
(2) The additional compensation authorized by this subsection
shall be included in any computation of compensation under
section 6 of the Act of June 20, 1918 (33 U.S.C. 763).
* * * * * * *
CHAPTER 27--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS
SUBCHAPTER I--PERSONNEL RIGHTS AND BENEFITS
Sec.
2701. Procurement of personnel.
* * * * * * *
2713. Employment assistance.
* * * * * * *
SUBCHAPTER III--PAYMENTS
[2761. Persons discharged as result of court-martial; allowances to.]
2761. Individuals discharged as result of court-martial; allowances to.
* * * * * * *
[2767. Reimbursement for medical-related travel expenses for certain
persons residing on islands in the continental United States.]
2767. Reimbursement for medical-related travel expenses for certain
individuals residing on islands in the continental United
States.
* * * * * * *
[2777. Clothing for destitute shipwrecked persons.]
2777. Clothing for destitute shipwrecked individuals.
* * * * * * *
2780. Pay; continuation during lapse in appropriations.
SUBCHAPTER I--PERSONNEL RIGHTS AND BENEFITS
Sec. 2701. Procurement of personnel
The Coast Guard may expend [operating expense] operations and
support funds for recruiting activities, including but not
limited to advertising and entertainment, in order to--
(1) obtain recruits for the Service and cadet
applicants; and
(2) gain support of recruiting objectives from those
who may assist in the recruiting effort.
* * * * * * *
Sec. 2709. Procurement and sale of stores to members and civilian
employees
Such stores as the Secretary may designate may be procured
and sold to members of the Coast Guard, and to the surviving
spouses of such members. Such designated stores may also be
procured and sold to civilian officers and employees of the
United States, and to such other [persons] individuals as may
be specifically authorized by the Secretary, at Coast Guard
stations and other units beyond the continental limits of the
United States or in Alaska.
Sec. 2710. Disposition of effects of decedents
All moneys, articles of value, papers, keepsakes, and other
similar effects belonging to the deceased [persons] individuals
in the Coast Guard, not claimed by their legal heirs or next of
kin, shall be deposited in safe custody, and if any such
moneys, articles of value, papers, keepsakes, or other similar
effects so deposited have been, or shall hereafter be,
unclaimed for a period of two years from the date of the death
of such [person] individual, such articles and effects shall be
sold and the proceeds thereof, together with the moneys above
mentioned, shall be deposited in the Treasury as miscellaneous
receipts. The Secretary shall make diligent inquiry in every
instance after the death of such [person] individual to
ascertain the whereabouts of his heirs or next of kin, and
prescribe necessary regulations to carry out the foregoing
provisions. Claims may be presented hereunder at any time
within five years after such moneys or proceeds have been so
deposited in the Treasury, and, when supported by competent
proof in any case after such deposit in the Treasury, shall be
certified to Congress for consideration.
Sec. 2711. Deserters; payment of expenses incident to apprehension and
delivery; penalties
(a) The Coast Guard may, pursuant to regulations prescribed
by the Secretary, make such expenditures as are deemed
necessary for the apprehension and delivery of deserters,
stragglers, and prisoners.
(b) No [person] individual who is convicted by court martial
for desertion from the Coast Guard in time of war, and as the
result of such conviction is dismissed or dishonorably
discharged from the Coast Guard shall afterwards be enlisted,
appointed, or commissioned in any military or naval service
under the United States, unless the disability resulting from
desertion, as established by this section is removed by a board
of commissioned officers of the Coast Guard convened for
consideration of the case, and the action of the Board is
approved by the Secretary; or unless he is restored to duty in
time of war.
* * * * * * *
Sec. 2713. Employment assistance
(a) In General.--In order to improve the accuracy and
completeness of a certification or verification of job skills
and experience required by section 1143(a)(1) of title 10, the
Secretary shall--
(1) establish a database to record all training
performed by members of the Coast Guard that may have
application to employment in the civilian sector; and
(2) make unclassified information regarding such
information available to States and other potential
employers referred to in section 1143(c) of title 10 so
that State and other entities may allow military
training to satisfy licensing or certification
requirements to engage in a civilian profession.
(b) Form of Certification or Verification.--The Secretary
shall ensure that a certification or verification of job skills
and experience required by section 1143(a)(1) of title 10 is
rendered in such a way that States and other potential
employers can confirm the accuracy and authenticity of the
certification or verification.
(c) Requests by States.--A State may request that the
Secretary confirm the accuracy and authenticity of a
certification or verification of jobs skills and experience
provided under section 1143(c) of title 10.
SUBCHAPTER II--AWARDS
* * * * * * *
Sec. 2732. Medal of honor
The President may award, and present in the name of Congress,
a medal of honor of appropriate design, with ribbons and
appurtenances, to [a person] an individual who, while a member
of the Coast Guard, [distinguishes himself conspicuously by]
displays conspicuous gallantry and intrepidity at the risk of
[his] such individual's life above and beyond the call of
duty--
(1) while engaged in an action against an enemy of
the United States;
(2) while engaged in military operations involving
conflict with an opposing foreign force;
(3) while serving with friendly foreign forces
engaged in an armed conflict against an opposing armed
force in which the United States is not a belligerent
party.
Sec. 2733. Medal of honor: duplicate medal
[A person] An individual awarded a medal of honor shall,
upon written application of [that person] that individual, be
issued, without charge, one duplicate medal of honor with
ribbons and appurtenances. Such duplicate medal of honor shall
be marked, in such manner as the Secretary may determine, as a
duplicate or for display purposes only.
Sec. 2734. Medal of honor: presentation of Medal of Honor Flag
The President shall provide for the presentation of the Medal
of Honor Flag designated under section 903 of title 36 to each
[person] individual to whom a medal of honor is awarded under
section 2732 of this title. Presentation of the flag shall be
made at the same time as the presentation of the medal under
section 2732 or 2743 of this title. In the case of a posthumous
presentation of the medal, the flag shall be presented to the
[person] individual to whom the medal is presented.
Sec. 2735. Coast Guard cross
The President may award a Coast Guard cross of appropriate
design, with ribbons and appurtenances, to [a person] an
individual who, while serving in any capacity with the Coast
Guard, when the Coast Guard is not operating under the
Department of the Navy, distinguishes himself or herself by
extraordinary heroism not justifying the award of a medal of
honor--
(1) while engaged in an action against an enemy of
the United States;
(2) while engaged in military operations involving
conflict with an opposing foreign force or
international terrorist organization; or
(3) while serving with friendly foreign forces
engaged in an armed conflict against an opposing armed
force in which the United States is not a belligerent
party.
Sec. 2736. Distinguished service medal
The President may present, but not in the name of Congress, a
distinguished service medal of appropriate design, with
accompanying ribbon, together with a rosette or other device,
to be worn in lieu thereof, to any [person] individual who,
while serving in any capacity with the Coast Guard,
[distinguishes himself by] performs exceptionally meritorious
service to the Government in a duty of great responsibility.
Sec. 2737. Silver star medal
The President may award a silver star medal of appropriate
design, with ribbons and appurtenances, to [a person] an
individual who, while serving in any capacity with the Coast
Guard, when the Coast Guard is not operating under the
Department of the Navy, is cited for gallantry in action that
does not warrant a medal of honor or Coast Guard cross--
(1) while engaged in an action against an enemy of
the United States;
(2) while engaged in military operations involving
conflict with an opposing foreign force or
international terrorist organization; or
(3) while serving with friendly foreign forces
engaged in an armed conflict against an opposing armed
force in which the United States is not a belligerent
party.
Sec. 2738. Distinguished flying cross
The President may present, but not in the name of Congress, a
distinguished flying cross of appropriate design, with
accompanying ribbon, to any [person] individual who, while
serving in any capacity with the Coast Guard, [distinguishes
himself by] displays heroism or extraordinary achievement while
participating in an aerial flight.
Sec. 2739. Coast Guard medal
The President may present, but not in the name of Congress, a
medal to be known as the Coast Guard medal, of appropriate
design, with accompanying ribbon, together with a rosette or
other device to be worn in lieu thereof, to any [person]
individual who, while serving in any capacity with the Coast
Guard, [distinguishes himself by] displays heroism not
involving actual conflict with an enemy.
Sec. 2740. Insignia for additional awards
No more than one Coast Guard cross, distinguished service
medal, silver star medal, distinguished flying cross, or [one]
Coast Guard medal shall be issued to any one [person]
individual; but for each succeeding deed or service sufficient
to justify the awarding of a Coast Guard cross, distinguished
service medal, silver star medal, distinguished flying cross,
or Coast Guard medal, the President may award a suitable emblem
or insignia to be worn with the decoration and a corresponding
rosette or other device.
Sec. 2741. Time limit on award; report concerning deed
(a) No medal of honor, Coast Guard cross, distinguished
service medal, silver star medal, distinguished flying cross,
Coast Guard medal, or bar, emblem, or insignia in lieu thereof
may be awarded to [a person] an individual unless--
(1) the award is made within five years after the
date of the deed or service justifying the award;
(2) a statement setting forth the deed or
distinguished service and recommending official
recognition of it was made by his superior through
official channels within three years from the date of
that deed or termination of the service.
(b) If the Secretary determines that--
(1) a statement setting forth the deed or
distinguished service and recommending official
recognition of it was made by the [person's]
individual's superior through official channels within
three years from the date of that deed or termination
of the service and was supported by sufficient evidence
within that time; and
(2) no award was made, because the statement was lost
or through inadvertence the recommendation was not
acted upon; a medal of honor, Coast Guard cross,
distinguished service medal, silver star medal,
distinguished flying cross, Coast Guard medal, or bar,
emblem, or insignia in lieu thereof, as the case may
be, may be awarded to the [person] individual within
two years after the date of that determination.
Sec. 2742. Honorable subsequent service as condition to award
No medal of honor, Coast Guard cross, distinguished service
medal, silver star medal, distinguished flying cross, Coast
Guard medal, or emblem, or insignia in lieu thereof shall be
awarded or presented to any individual, or to the
representative of any individual, whose entire service
subsequent to the time [he distinguished himself] of the acts
resulting in the consideration of such award shall not in the
opinion of the Commandant have been honorable.
Sec. 2743. Posthumous awards
In case an individual who [distinguishes himself] dies before
the making of any award to which [he] such individual may be
entitled, as authorized in this chapter, the award may be made
and presented within five years from the date of the act or
service justifying the award to such next of kin as may have
been designated by the individual, or in the absence of such
designation, or if the designated [person] individual is not
alive at the time of the award, or the relationship between
such [person] individual and the serviceman shall have been
terminated before his death, then to such representative as the
President designates. In the event of a posthumous award when
the award will be made to the parents of the deceased and the
parents have been divorced or separated, a duplicate award may
be made to each parent.
Sec. 2744. Life-saving medals
(a) The Secretary may, under regulations prescribed by him,
award a Life-saving medal of gold or silver to any [person]
individual, including personnel of the Coast Guard, who rescues
or endeavors to rescue any other [person] individual from
drowning, shipwreck, or other peril of the water in accordance
with the following provisions:
(1) if such rescue or attempted rescue is made at the
risk of one's own life and evidences extreme and heroic
daring, the medal shall be of gold;
(2) if such rescue or attempted rescue is not
sufficiently distinguished to deserve the medal of
gold, but evidences the exercise of such signal
exertion as to merit recognition, the medal shall be of
silver.
(b) In order for [a person] an individual to be eligible for
the Life-saving Medals the rescue or attempted rescue must take
place in waters within the United States or subject to the
jurisdiction thereof, or if the rescue or attempted rescue
takes place outside such waters, one or the other of the
parties must be a citizen of the United States or from a vessel
or aircraft owned or operated by citizens of the United States.
(c) No [person] individual shall receive more than one gold
medal and one silver medal; but any [person] individual who has
received or may hereafter receive a gold or silver medal and
who again performs an act which would entitle him to receive
another medal of the same class may be awarded, in lieu of a
second medal of the same class, a gold or silver bar, as the
case may be, to be worn with the medal already bestowed, and
for every such additional act, an additional bar may be
awarded. Medals and bars in lieu thereof, authorized by this
subsection, may be awarded posthumously.
Sec. 2745. Replacement of medals
In those cases where a medal, or a bar, emblem, or insignia
in lieu thereof, awarded pursuant to this chapter has been
stolen, lost, destroyed, or rendered unfit for use without
fault or neglect on the part of the [person] individual to whom
it was awarded, such medal, or bar, emblem, or insignia in lieu
thereof, shall be replaced without charge, or, in the
discretion of the Secretary, upon condition that the Government
is reimbursed for the cost thereof.
* * * * * * *
SUBCHAPTER III--PAYMENTS
Sec. 2761. [Persons] Individuals discharged as result of court-
martial; allowances to
The Secretary may furnish [persons] individuals discharged
pursuant to the sentence of a Coast Guard court-martial
suitable civilian clothing and a monetary allowance not to
exceed $25 if the [person] individual discharged would not
otherwise have suitable clothing or funds to meet immediate
needs.
* * * * * * *
Sec. 2767. Reimbursement for medical-related travel expenses for
certain [persons] individuals residing on islands
in the continental United States
In any case in which a covered beneficiary (as defined in
section 1072(5) of title 10) resides on an island that is
located in the 48 contiguous States and the District of
Columbia and that lacks public access roads to the mainland,
the Secretary shall reimburse the reasonable travel expenses of
the covered beneficiary and, when accompaniment by an adult is
necessary, for a parent or guardian of the covered beneficiary
or another member of the covered beneficiary's family who is at
least 21 years of age, if--
(1) the covered beneficiary is referred by a primary
care physician to a specialty care provider (as defined
in section 1074i(b) of title 10) on the mainland who
provides services less than 100 miles from the location
where the beneficiary resides; or
(2) the Coast Guard medical regional manager for the
area in which such island is located determines that
the covered beneficiary requires services of a primary
care, specialty care, or dental provider and such a
provider who is part of the network of providers of a
TRICARE program (as that term is defined in section
1072(7) of title 10) does not practice on such island.
* * * * * * *
Sec. 2769. Remission of indebtedness
The Secretary may have remitted or cancelled any part of [a
person's] an individual's indebtedness to the United States or
any instrumentality of the United States if--
(1) the indebtedness was incurred while the [person]
individual served as a member of the Coast Guard,
whether as a regular or a reserve in active status; and
(2) the Secretary determines that remitting or
cancelling the indebtedness is in the best interest of
the United States.
* * * * * * *
Sec. 2772. Education loan repayment program
(a)(1) Subject to the provisions of this section, the
Secretary may repay--
(A) any loan made, insured, or guaranteed under part
B of title IV of the Higher Education Act of 1965 (20
U.S.C. 1071 et seq.);
(B) any loan made under part D of such title (the
William D. Ford Federal Direct Loan Program, 20 U.S.C.
1087a et seq.); or
(C) any loan made under part E of such title (20
U.S.C. 1087aa et seq.).
Repayment of any such loan shall be made on the basis of each
complete year of service performed by the borrower.
(2) The Secretary may repay loans described in paragraph (1)
in the case of any [person] individual for service performed on
active duty as an enlisted member of the Coast Guard in a
specialty specified by the Secretary.
(b) The portion or amount of a loan that may be repaid under
subsection (a) is 331/3 percent or $1,500, whichever is
greater, for each year of service.
(c) If a portion of a loan is repaid under this section for
any year, interest on the remainder of such loan shall accrue
and be paid in the same manner as is otherwise required.
(d) Nothing in this section shall be construed to authorize
refunding any repayment of a loan.
(e) The Secretary shall, by regulation, prescribe a schedule
for the allocation of funds made available to carry out this
section during any year for which funds are not sufficient to
pay the sum of the amounts eligible for repayment under
subsection (a).
Sec. 2773. Rations or commutation therefor in money
(a) Enlisted members of the Coast Guard, civilian officers
and civilian crews of vessels, and working parties in the field
shall be allowed a ration or commutation thereof in money, in
such amount and under limitations and regulations prescribed by
the Secretary.
(b) Money for commuted rations shall be paid, under such
regulations as the Secretary shall prescribe, on proper
vouchers, or pay rolls, to [persons] individuals entitled to
receive it, or to the officers designated by the Commandant to
administer the financial affairs of the messes in which such
[persons] individuals may be subsisted.
(c) Money paid for commuted rations to the designated officer
may be deposited in general or limited depositories of public
money or in any bank in which deposits are insured. Such funds
shall be expended and accounted for under such regulations as
the Secretary shall prescribe.
(d) Nothing contained in this section shall be construed as
modifying or changing in any manner the provisions of law
pertaining to subsistence allowances for enlisted members, but
no ration or commutation thereof shall be allowed [a person] an
individual receiving a subsistence allowance.
* * * * * * *
Sec. 2775. Flight rations
There may be furnished to officers, enlisted members, and
civilian employees, while actually engaged in flight
operations, an aircraft flight ration in kind, chargeable to
the proper Coast Guard appropriation, which flight ration shall
be supplementary to any ration or subsistence allowance now
granted to such personnel. No part of an aircraft flight ration
shall be furnished without cost to any [person] individual in a
travel status or to any [person] individual to whom a per diem
allowance is granted in lieu of actual subsistence.
Sec. 2776. Payments at time of discharge for good of service
Enlisted members discharged by dishonorable discharge, bad-
conduct discharge, or any other discharge for the good of the
service, may, upon discharge, be paid a sum not to exceed $25.
The sum paid shall be fixed by and in the discretion of the
Commandant, and shall be paid only in cases where the [person]
individual so discharged would otherwise be without funds to
meet his immediate needs.
Sec. 2777. Clothing for destitute shipwrecked [persons] individuals
The Coast Guard may furnish clothing and subsistence to
destitute shipwrecked [persons] individuals, and the Coast
Guard may reimburse, in cash or in kind, Coast Guard personnel
who furnish clothing and subsistence to destitute ship- wrecked
[persons] individuals.
* * * * * * *
Sec. 2779. Transportation to and from certain places of employment
(a) Whenever the Secretary determines that it is necessary
for the effective conduct of the affairs of the Coast Guard, he
may, at reasonable rates of fare fixed under regulations to be
prescribed by him, provide assured and adequate transportation
by motor vehicle or water carrier to and from their places of
employment for [persons] individuals attached to, or employed
by, the Coast Guard; and during a war or during a national
emergency declared by Congress or the President, for [persons]
individuals attached to, or employed in, a private plant that
is manufacturing material for the Coast Guard.
(b) Transportation may not be provided under subsection (a)
unless the Secretary or an officer designated by the Secretary,
determines that--
(1) other transportation facilities are inadequate
and cannot be made adequate;
(2) a reasonable effort has been made to induce
operators of private facilities to provide the
necessary transportation; and
(3) the service to be furnished will make proper use
of transportation facilities and will supply the most
efficient transportation to the [persons] individuals
concerned.
(c) To provide transportation under subsection (a), the
Secretary may--
(1) buy, lease, or charter motor vehicles or water
carriers having a seating capacity of 12 or more
passengers;
(2) maintain and operate that equipment by enlisted
members or employees of the Coast Guard, or by private
[persons] individuals under contract; and
(3) lease or charter the equipment to private or
public carriers for operation under terms that are
considered necessary by the Secretary or by an officer
designated by the Secretary, and that may provide for
the pooling of government-owned and privately owned
equipment and facilities and for the reciprocal use of
that equipment.
(d) Fares received under subsection (a), and proceeds of the
leasing or chartering of equipment under subsection (c)(3),
shall be covered into the Treasury as miscellaneous receipts.
Sec. 2780. Pay; continuation during lapse in appropriations
(a) In General.--In the case of any period in which there is
a Coast Guard-specific funding lapse, there are appropriated
such sums as may be necessary--
(1) to provide pay and allowances to military members
of the Coast Guard, including the reserve component
thereof, who perform active service or inactive-duty
training during such period;
(2) to provide pay and benefits to qualified civilian
employees of the Coast Guard;
(3) to provide pay and benefits to qualified contract
employees of the Coast Guard;
(4) to provide for--
(A) the payment of a death gratuity under
sections 1475 through 1477 and 1489 of title
10, with respect to members of the Coast Guard;
(B) the payment or reimbursement of
authorized funeral travel and travel related to
the dignified transfer of remains and unit
memorial services under section 481f of title
37, with respect to members of the Coast Guard;
and
(C) the temporary continuation of a basic
allowance of housing for dependents of members
of the Coast Guard dying on active duty, as
authorized by section 403(l) of title 37; and
(5) to provide for Coast Guard retired pay, including
the payment of obligations otherwise chargeable to
lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor
Benefits Plans, payment for career status bonuses,
payment of continuation pay under section 356 of title
37, concurrent receipts, combat-related special
compensation, and payments for medical care of retired
personnel and their dependents under chapter 55 of
title 10.
(b) Coast Guard-specific Funding Lapse.--For purposes of this
section, a Coast Guard-specific funding lapse occurs in any
case in which--
(1) a general appropriation bill providing
appropriations for the Coast Guard for a fiscal year is
not enacted before the beginning of such fiscal year
(and no joint resolution making continuing
appropriations for the Coast Guard is in effect); and
(2) a general appropriation bill providing
appropriations for the Department of Defense for such
fiscal year is enacted before the beginning of such
fiscal year (or a joint resolution making continuing
appropriations for the Department of Defense is in
effect).
(c) Termination.--Appropriations and funds made available and
authority granted for any fiscal year for any purpose under
subsection (a) shall be available until whichever of the
following first occurs:
(1) The enactment into law of an appropriation
(including a continuing appropriation) for such
purpose.
(2) The enactment into law of an appropriation
(including a continuing appropriation) for the Coast
Guard without provision for such purpose.
(3) The termination of availability of appropriations
for the Department of Defense.
(4) The date that is 180 days after the beginning of
the Coast Guard-specific funding lapse.
(d) Rate for Operations; Applicability to Appropriation
Acts.--Appropriations made pursuant this section shall be
available at a rate for operations and to the extent and in the
manner that would be provided by the pertinent appropriations
Act.
(e) Charge to Future Appropriations.--Expenditures made
pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a bill in which
such applicable appropriation, fund, or authorization is
enacted into law.
(f) Apportionment.--Appropriations and funds made available
by or authority granted under this section may be used without
regard to the time limitations for submission and approval of
apportionments set forth in section 1513 of title 31, but
nothing in this section may be construed to waive any other
provision of law governing the apportionment of funds.
(g) Definitions.--In this section:
(1) Qualified civilian employee.--The term
``qualified civilian employee'' means a civilian
employee of the Coast Guard whom the Commandant
determines is--
(A) providing support to members of the Coast
Guard or another Armed Force; or
(B) performing work as an excepted employee
or an employee performing emergency work, as
those terms are defined by the Office of
Personnel Management.
(2) Qualified contract employee of the coast guard.--
The term ``qualified contract employee of the Coast
Guard'' means an individual performing work under a
contract whom the Commandant determines is--
(A) providing support to military members or
qualified civilian employees of the Coast Guard
or another Armed Force; or
(B) required to perform work during a lapse
in appropriations.
* * * * * * *
CHAPTER 29--COAST GUARD FAMILY SUPPORT, CHILD CARE, AND HOUSING
SUBCHAPTER I--COAST GUARD FAMILIES
* * * * * * *
Sec. 2902. Surveys of Coast Guard families
(a) Authority.--The Commandant, in order to determine the
effectiveness of Federal policies, programs, and activities
related to the families of Coast Guard members, may survey--
(1) any Coast Guard member;
(2) any retired Coast Guard member;
(3) the immediate family of any Coast Guard member or
retired Coast Guard member; and
(4) any survivor of a deceased Coast Guard member.
(b) Voluntary Participation.--Participation in any survey
conducted under subsection (a) shall be voluntary.
(c) Federal Recordkeeping.--Each [person] individual surveyed
under subsection (a) shall be considered an employee of the
United States for purposes of section 3502(3)(A)(i) of title
44.
Sec. 2903. Reimbursement for adoption expenses
(a) Authorization To Reimburse.--The Secretary shall carry
out a program under which a member of the Coast Guard may be
reimbursed, as provided in this section, for qualifying
adoption expenses incurred by the member in the adoption of a
child under 18 years of age.
(b) Adoptions Covered.--An adoption for which expenses may be
reimbursed under this section includes an adoption by a single
[person] individual, an infant adoption, an intercountry
adoption, and an adoption of a child with special needs (as
defined in section 473(c) of the Social Security Act (42 U.S.C.
673(c))).
(c) Benefits Paid After Adoption Is Final.--Benefits paid
under this section in the case of an adoption may be paid only
after the adoption is final.
(d) Treatment of Other Benefits.--A benefit may not be paid
under this section for any expense paid to or for a member of
the Coast Guard under any other adoption benefits program
administered by the Federal Government or under any such
program administered by a State or local government.
(e) Limitations.--(1) Not more than $2,000 may be paid under
this section to a member of the Coast Guard, or to two such
members who are spouses of each other, for expenses incurred in
the adoption of a child.
(2) Not more than $5,000 may be paid under this section to a
member of the Coast Guard, or to two such members who are
spouses of each other, for adoptions by such member (or
members) in any calendar year.
(f) Regulations.--The Secretary shall prescribe regulations
to carry out this section.
(g) Definitions.--In this section:
(1) The term ``qualifying adoption expenses'' means
reasonable and necessary expenses that are directly
related to the legal adoption of a child under 18 years
of age, but only if such adoption is arranged by a
qualified adoption agency. Such term does not include
any expense incurred--
(A) by an adopting parent for travel; or
(B) in connection with an adoption arranged
in violation of Federal, State, or local law.
(2) The term ``reasonable and necessary expenses''
includes--
(A) public and private agency fees, including
adoption fees charged by an agency in a foreign
country;
(B) placement fees, including fees charged
adoptive parents for counseling;
(C) legal fees (including court costs) in
connection with services that are unavailable
to a member of the Coast Guard under section
1044 or 1044a of title 10; and
(D) medical expenses, including hospital
expenses of the biological mother of the child
to be adopted and of a newborn infant to be
adopted.
(3) The term ``qualified adoption agency'' means any
of the following:
(A) A State or local government agency which
has responsibility under State or local law for
child placement through adoption.
(B) A nonprofit, voluntary adoption agency
which is authorized by State or local law to
place children for adoption.
(C) Any other source authorized by a State to
provide adoption placement if the adoption is
supervised by a court under State or local law.
Sec. 2904. Education and training opportunities for Coast Guard spouses
(a) Tuition Assistance.--The Commandant may provide, subject
to the availability of appropriations, tuition assistance to an
eligible spouse to facilitate the acquisition of--
(1) education and training required for a degree or
credential at an accredited college, university, or
technical school in the United States that expands
employment and portable career opportunities for the
spouse; or
(2) education prerequisites and a professional
license or credential required, by a government or
government-sanctioned licensing body, for an occupation
that expands employment and portable career
opportunities for the spouse.
(b) Definitions.--In this section, the following definitions
apply:
(1) Eligible spouse.--
(A) In general.--The term ``eligible spouse''
means the spouse of a member of the Coast Guard
who is serving on active duty and includes a
spouse who receives transitional compensation
under section 1059 of title 10.
(B) Exclusion.--The term ``eligible spouse''
does not include [a person] an individual who--
(i) is married to, but legally
separated from, a member of the Coast
Guard under a court order or statute of
any State or territorial possession of
the United States; or
(ii) is eligible for tuition
assistance as a member of the Armed
Forces.
(2) Portable career.--The term ``portable career''
includes an occupation that requires education,
training, or both that results in a credential that is
recognized by an industry, profession, or specific type
of business.
* * * * * * *
SUBCHAPTER III--HOUSING
* * * * * * *
Sec. 2946. Coast Guard Housing Fund
(a) Establishment.--There is hereby established on the books
of the Treasury an account to be known as the Coast Guard
Housing Fund (in this section referred to as the ``Fund'').
(b) Credits to Fund.--There shall be credited to the Fund the
following:
(1) Amounts authorized for and appropriated to that
Fund.
(2) Subject to subsection (e), any amounts that the
Secretary transfers, in such amounts as provided in
appropriation Acts, to that Fund from amounts
authorized and appropriated to the Department of
Homeland Security or Coast Guard for the [acquisition]
procurement or construction of military family housing
or military unaccompanied housing.
(3) Proceeds from the conveyance of property under
section 2945 of this title for the purpose of carrying
out activities under this chapter with respect to
military family housing and military unaccompanied
housing.
(4) Monies received under section 504(a)(13).
(5) Amounts received under section 908(b).
(c) Use of Amounts in Fund.--(1)Amounts in the Fund shall be
available to the Secretary without further appropriation and
shall remain available until expended. Amounts in the Fund
shall be available to the Secretary without further
appropriation and shall remain available until expended.
[(1) In such amounts as provided in appropriations Acts, and
except] (2) Except as provided in subsection (d), the Secretary
may use amounts in the Coast Guard Housing Fund to carry out
activities under this chapter with respect to military family
housing and military unaccompanied housing, including--
(A) the planning, execution, and administration of
the conveyance of real property;
(B) all necessary expenses, including expenses for
environmental compliance and restoration, to prepare
real property for conveyance; and
(C) the conveyance of real property.
[(2) Amounts made available under this subsection shall
remain available until expended.]
(d) Limitation on Obligations.--The Secretary may not incur
an obligation under a contract or other agreements entered into
under this chapter in excess of the unobligated balance, at the
time the contract is entered into, of the Fund required to be
used to satisfy the obligation.
(e) Notification Required for Transfers.--A transfer of
appropriated amounts to the Fund under subsection (b)(2) of
this section may be made only after the end of a 30-day period
beginning on the date the Secretary submits written notice of,
and justification for, the transfer to the appropriate
committees of Congress.
* * * * * * *
SUBTITLE III--COAST GUARD RESERVE AND AUXILIARY
* * * * * * *
CHAPTER 1 --COAST GUARD RESERVE
* * * * * * *
SUBCHAPTER I--ADMINISTRATION
* * * * * * *
Sec. 3706. Temporary members of the Reserve; eligibility and
compensation
A citizen of the United States, its territories, or
possessions who is a member of the Auxiliary, an officer or
member of the crew of a motorboat or yacht placed at the
disposal of the Coast Guard, or [a person] an individual
(including a Government employee without pay other than the
compensation of that [person's] individual's civilian position)
who by reason of special training and experience is considered
by the Commandant to be qualified for duty, may be enrolled by
the Commandant as a temporary member of the Reserve, for duty
under conditions the Commandant may prescribe, including part-
time and intermittent active duty with or without pay, without
regard to age. The Commandant is authorized to define the
powers and duties of temporary members of the Reserve, and to
confer upon them, appropriate to their qualifications and
experience, the same grades and ratings as provided for members
of the Reserve. When performing active duty with pay as
authorized by this section, temporary members of the Reserve
are entitled to receive the pay and allowances of their rank,
grade, or rating.
Sec. 3707. Temporary members of the Reserve; disability or death
benefits
(a) If a temporary member of the Reserve is physically
injured, or dies as a result of physical injury, and the injury
is incurred incident to service while performing active duty,
or engaged in authorized travel to or from that duty, the law
authorizing compensation for employees of the United States
suffering injuries while in the performance of their duties,
applies, subject to this section. That law shall be
administered by the Secretary of Labor to the same extent as if
the member was a civil employee of the United States and was
injured in the performance of that duty. For benefit
computation, regardless of pay or pay status, the member is
considered to have had monthly pay of the monthly equivalent of
the minimum rate of basic pay in effect for grade GS-9 of the
General Schedule on the date the injury is incurred.
(b) This section does not apply if the workmen's compensation
law of a State, a territory, or another jurisdiction provides
coverage because of a concurrent employment status of the
temporary member. When the temporary member or a dependent is
entitled to a benefit under this section and also to a
concurrent benefit from the United States on account of the
same disability or death, the temporary member or dependent, as
appropriate, shall elect which benefit to receive.
(c) If a claim is filed under this section with the Secretary
of Labor for benefits because of an alleged injury or death,
the Secretary of Labor shall notify the Commandant who shall
direct an investigation into the facts surrounding the alleged
injury or death. The Commandant shall then certify to the
Secretary of Labor whether or not the injured or deceased
[person] individual was a temporary member of the Reserve, the
[person's] individual's military status, and whether or not the
injury or death was incurred incident to military service.
(d) A temporary member of the Reserve, who incurs a physical
disability or contracts sickness or disease while performing a
duty to which the member has been assigned by competent
authority, is entitled to the same hospital treatment afforded
a member of the Regular Coast Guard.
(e) In administering section 8133 of title 5, for [a person]
an individual covered by this section--
(1) the percentages applicable to payments under that
section are--
(A) 45 percent under subsection (a)(2) of
that section, where the member died fully or
currently insured under title II of the Social
Security Act (42 U.S.C. 401 et seq.), with no
additional payments for a child or children so
long as the widow or widower remains eligible
for payments under that subsection;
(B) 20 percent under subsection (a)(3) of
that section, for one child, and 10 percent
additional for each additional child, not to
exceed a total of 75 percent, where the member
died fully or currently insured under title II
of the Social Security Act; and
(C) 25 percent under subsection (a)(4) of
that section, if one parent was wholly
dependent for support upon the deceased member
at the time of the member's death and the other
was not dependent to any extent; 16 percent to
each if both were wholly dependent; and if one
was, or both were, partly dependent, a
proportionate amount in the discretion of the
Secretary of Labor;
(2) payments may not be made under subsection (a)(5)
of that section; and
(3) the Secretary of Labor shall inform the
Commissioner of Social Security whenever a claim is
filed and eligibility for compensation is established
under subsection (a)(2) or (a)(3) of section 8133 of
title 5. The Commissioner of Social Security shall then
certify to the Secretary of Labor whether or not the
member concerned was fully or currently insured under
title II of the Social Security Act at the time of the
member's death.
Sec. 3708. Temporary members of the Reserve; certificate of honorable
service
In recognition of the service of temporary members of the
Reserve, the Secretary may upon request issue an appropriate
certificate of honorable service in lieu of a certificate of
disenrollment issued to any [person] individual following
disenrollment under honorable conditions from service as a
temporary member. Issuance of a certificate of honorable
service to any [person] individual under this section does not
entitle that [person] individual to any rights, privileges, or
benefits under any law of the United States.
* * * * * * *
SUBCHAPTER II--PERSONNEL
* * * * * * *
Sec. 3738. Constructive credit upon initial appointment
Under regulations prescribed by the Secretary, [a person] an
individual, appointed as a Reserve officer, may be assigned a
date of rank and precedence which reflects that [person's]
individual's experience, education, or other qualifications.
For the purpose of this subchapter only, [a person] an
individual appointed for the purpose of assignment or
designation as a judge advocate in the Reserve shall be
credited with a minimum of one year service in an active
status. [A person] An individual holding a doctor of
philosophy, or a comparable degree, in medicine or in a science
allied to medicine as determined by the Secretary, may be
credited with a minimum of three years service in an active
status if appointed for an assignment comparable to that of an
officer in the Navy Medical Department.
* * * * * * *
[Sec. 3743. Eligibility for promotion
[A Reserve officer is eligible for consideration for
promotion and for promotion under this subchapter, if that
officer is in an active status. A Reserve officer who has been
considered but not recommended for retention in an active
status by a board convened under subsection 3752(a) of this
title, is not eligible for consideration for promotion.]
Sec. 3743. Eligibility for promotion
(a) In General.--Except as provided in subsection (b), a
Reserve officer is eligible for consideration for promotion and
for promotion under this subchapter, if that officer is in an
active status.
(b) Exception.--A Reserve officer who has been considered but
not recommended for retention in an active status by a board
convened under subsection 3752(a) of this title, is not
eligible for consideration for promotion.
(c) Request for Exclusion.--
(1) In general.--The Commandant may provide that an
officer may, upon the officer's request and with the
approval of the Commandant, be excluded from
consideration by a selection board convened under
section 3740(b) of this title to consider officers for
promotion to the next higher grade.
(2) Approval of request.--The Commandant shall
approve a request under paragraph (1) only if--
(A) the basis for the request is to allow an
officer to complete a broadening assignment,
advanced education, another assignment of
significant value to the Coast Guard, a career
progression requirement delayed by the
assignment or education, or a qualifying
personal or professional circumstance, as
determined by the Commandant;
(B) the Commandant determines the exclusion
from consideration is in the best interest of
the Coast Guard; and
(C) the officer has not previously failed of
selection for promotion to the grade for which
the officer requests the exclusion from
consideration.
* * * * * * *
CHAPTER 39--COAST GUARD AUXILIARY
* * * * * * *
Sec. 3901. Administration of the Coast Guard Auxiliary
(a) The Coast Guard Auxiliary is a nonmilitary organization
administered by the Commandant under the direction of the
Secretary. For command, control, and administrative purposes,
the Auxiliary shall include such organizational elements and
units as are approved by the Commandant, including but not
limited to, a national board and staff (to be known as the
``Auxiliary headquarters unit''), districts, regions,
divisions, flotillas, and other organizational elements and
units. The Auxiliary organization and its officers shall have
such rights, privileges, powers, and duties as may be granted
to them by the Commandant, consistent with this title and other
applicable provisions of law. The Commandant may delegate to
officers of the Auxiliary the authority vested in the
Commandant by this section, in the manner and to the extent the
Commandant considers necessary or appropriate for the
functioning, organization, and internal administration of the
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 3902, at all times be deemed to be
an instrumentality of the United States, for purposes of the
following:
(1) Chapter 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.
(c) The national board of the Auxiliary, and any Auxiliary
district or region, may form a corporation under State law in
accordance with policies established by the Commandant.
(d)(1) Except as provided in paragraph (2), personal property
of the auxiliary shall not be considered property of the United
States.
(2) The Secretary may treat personal property of the
auxiliary as property of the United States--
(A) for the purposes of--
(i) the statutes and matters referred to in
paragraphs (1) through (6) of subsection (b);
and
(ii) section 901 of this title; and
(B) as otherwise provided in this chapter.
(3) The Secretary may reimburse the Auxiliary, and each
organizational element and unit of the Auxiliary, for necessary
expenses of operation, maintenance, and repair or replacement
of personal property of the Auxiliary.
(4) In this subsection, the term ``personal property of the
Auxiliary'' means [motor boats, yachts,] vessels, aircraft,
radio stations, motorized vehicles, trailers, or other
equipment that is under the administrative jurisdiction of the
Coast Guard Auxiliary or an organizational element or unit of
the Auxiliary and that is used solely for the purposes
described in this subsection.
* * * * * * *
Sec. 3903. Eligibility; enrollments
The Auxiliary shall be composed of nationals of the United
States, as defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)), and aliens lawfully
admitted for permanent residence, as defined in section
101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(20))--
(1) who--
(A) are owners, sole or part, of [motorboats,
yachts] vessels,, aircraft, or radio stations;
or
(B) by reason of their special training or
experience are deemed by the Commandant to be
qualified for duty in the Auxiliary; and
(2) who may be enrolled therein pursuant to
applicable regulations.
* * * * * * *
Sec. 3907. Use of member's facilities
(a) [Motor Boats, Yachts,] Vessels, Aircraft, and Radio
Stations.--The Coast Guard may utilize for any purpose incident
to carrying out its functions and duties as authorized by the
Secretary any [motorboat, yacht,] vessels, aircraft, or radio
station placed at its disposition for any of such purposes by
any member of the Auxiliary, by any corporation, partnership,
or association, or by any State or political subdivision
thereof.
(b) Motor Vehicles.--The Coast Guard may utilize to carry out
its functions and duties as authorized by the Secretary any
motor vehicle (as defined in section 30102 of title 49) placed
at its disposition by any member of the Auxiliary, by any
corporation, partnership, or association, or by any State or
political subdivision thereof, to tow Federal Government
property.
Sec. 3908. Vessel deemed public vessel
While assigned to authorized Coast Guard duty, any [motorboat
or yacht] vessel shall be deemed to be a public vessel of the
United States and a vessel of the Coast Guard within the
meaning of sections 937 and 938 of this title and other
applicable provisions of law.
* * * * * * *
Sec. 3911. Availability of appropriations
(a) Appropriations of the Coast Guard shall be available for
the payment of actual necessary traveling expense and
subsistence, or commutation of ration allowance in lieu of
subsistence, of members of the Auxiliary assigned to authorized
duties and for actual necessary expenses of operation of any
[motorboat, yacht,] vessel, aircraft, radio station, or
motorized vehicle utilized under section 3907(b) when assigned
to Coast Guard duty, but shall not be available for the payment
of compensation for personal services, incident to such
operation, other than to personnel of the Coast Guard or the
Reserve. The term ``actual necessary expenses of operation,''
as used in this section, shall include payment for fuel, oil,
power, water, supplies, provisions, replacement or repair of
equipment, repair of any damaged [motorboat, yacht,] vessel,
aircraft, radio station, or motorized vehicle utilized under
section 3907(b) and for the constructive or actual loss of any
[motorboat, yacht,] vessel, aircraft, radio station, or
motorized vehicle utilized under section 3907(b) where it is
determined, under applicable regulations, that responsibility
for the loss or damage necessitating such replacement or repair
of equipment, or for the damage or loss, constructive or
actual, of such [motorboat, yacht,] vessel, aircraft, radio
station, or motorized vehicle utilized under section 3907(b)
rests with the Coast Guard.
(b) The Secretary may pay interest on a claim under this
section in any case in which a payment authorized under this
section is not made within 60 days after the submission of the
claim in a manner prescribed by the Secretary. The rate of
interest for purposes of this section shall be the annual rate
established under section 6621 of the Internal Revenue Code of
1986.
Sec. 3912. Assignment and performance of duties
No member of the Auxiliary, solely by reason of such
membership, shall be vested with, or exercise, any right,
privilege, power, or duty vested in or imposed upon the
personnel of the Coast Guard or the Reserve, except that any
such member may, under applicable regulations, be assigned
duties, which, after appropriate training and examination, he
has been found competent to perform, to effectuate the purposes
of the Auxiliary. No member of the Auxiliary shall be placed in
charge of a [motorboat, yacht,] vessel, aircraft, or radio
station assigned to Coast Guard duty unless he has been
specifically designated by authority of the Commandant to
perform such duty. Members of the Auxiliary, when assigned to
duties as herein authorized shall, unless otherwise limited by
the Commandant, be vested with the same power and authority, in
the execution of such duties, as members of the regular Coast
Guard assigned to similar duty. When any member of the
Auxiliary is assigned to such duty he may, pursuant to
regulations issued by the Secretary, be paid actual necessary
traveling expenses, including a per diem allowance in
conformity with standardized Government travel regulations in
lieu of subsistence, while traveling and while on duty away
from his home. No per diem shall be paid for any period during
which quarters and subsistence in kind are furnished by the
Government, and no per diem shall be paid for any period while
such member is performing duty on a vessel.
* * * * * * *
CHAPTER 41--GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY
* * * * * * *
Sec. 4101. Flags; pennants; uniforms and insignia
The Secretary may prescribe one or more suitable
distinguishing flags, pennants, or other identifying insignia
to be displayed by the [motorboats, yachts,] vessels, aircraft,
and radio stations owned by members of the Auxiliary and one or
more suitable insignia which may be worn by members of the
Reserve or the Auxiliary, and may prescribe one or more
suitable uniforms which may be worn by members of the
Auxiliary. Such flags, pennants, uniforms, and insignia may be
furnished by the Coast Guard at actual cost, and the proceeds
received therefor shall be credited to current appropriations
from which purchase of these articles is authorized.
Sec. 4102. Penalty
Whoever, without proper authority, flies from any building,
aircraft, [motorboat, yacht, or other vessel,] or vessel, any
flag or pennant or displays any identifying insignia or wears
any uniform or insignia of the Reserve or the Auxiliary shall
be fined not more than $500.
* * * * * * *
SUBTITLE IV--COAST GUARD AUTHORIZATIONS AND REPORTS TO CONGRESS
* * * * * * *
CHAPTER 49--AUTHORIZATIONS
* * * * * * *
Sec. 4901. 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] support of
the Coast Guard, not otherwise provided for.
(2) For the [acquisition] procurement, construction,
renovation, and improvement of aids to navigation,
shore facilities, vessels, aircraft, and systems,
including equipment related thereto, and for
maintenance, rehabilitation, lease, and operation of
facilities and equipment.
[(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 section 318 of this
title.]
[(5)] (3) For [research, development, test, and
evaluation] research and development 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. 4902. Authorizations of appropriations
Funds are authorized to be appropriated for fiscal [year
2019] years 2020 and 2021 for necessary expenses of the Coast
Guard as follows:
(1)(A) For the operation and maintenance of the Coast
Guard, not otherwise [provided for, $7,914,195,000 for
fiscal year 2019.] provided for--
(i) $8,122,912,000 for fiscal year 2020; and
(ii) $8,538,324,000 for fiscal year 2021.
(B) Of the amount authorized under [subparagraph
(A)--] subparagraph (A)(i), $17,035,000 shall be for
environmental compliance and restoration.
[(i) $16,701,000 shall be for environmental
compliance and restoration; and
[(ii) $199,360,000 shall be for the Coast
Guard's Medicare-eligible retiree health care
fund contribution to the Department of
Defense.]
(C) Of the amount authorized under subparagraph
(A)(ii) $17,376,000 shall be for environmental
compliance and restoration.
(2) [For the procurement] (A) For the procurement,
construction, renovation, and improvement of aids to
navigation, shore facilities, vessels, aircraft, and
systems, including equipment related thereto, and for
maintenance, rehabilitation, lease, and operation of
facilities [and equipment, $2,694,745,000 for fiscal
year 2019.] and equipment--
(i) $2,748,640,000 for fiscal year 2020; and
(ii) $2,803,613,000 for fiscal year 2021.
(B) Of the amounts authorized under subparagraph (A),
the following amounts shall be for the alteration of
bridges:
(i) $10,000,000 for fiscal year 2020; and
(ii) $20,000,000 for fiscal year 2021.
(3) To the Commandant for research, development,
test, and evaluation of technologies, materials, and
human factors directly related to improving the
performance of the Coast Guard's mission with respect
to search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of
laws and treaties, ice operations, oceanographic
research, and defense readiness, and for maintenance,
rehabilitation, lease, and operation of facilities [and
equipment, $29,141,000 for fiscal year 2019.] and
equipment--
(A) $13,834,000 for fiscal year 2020; and
(B) $14,111,000 for fiscal year 2021.
(4) For the Coast Guard's Medicare-eligible retiree
health care fund contribution to the Department of
Defense--
(A) $205,107,000 for fiscal year 2020; and
(B) $209,209,000 for fiscal year 2021.
* * * * * * *
Sec. 4904. 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
fiscal year 2018 and 44,500 for fiscal year 2019] 44,500 for
each of fiscal years 2020 and 2021.
(b) Military Training Student Loads.--The Coast Guard is
authorized average military training student loads for each of
[fiscal years 2018 and 2019] fiscal years 2020 and 2021 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 51--REPORTS
Sec.
5101. Transmission of annual Coast Guard authorization request.
* * * * * * *
5109. Report on gender diversity in the Coast Guard.
5110. Mission need statement.
5111. Sexual assault and sexual harassment in the Coast Guard.
5112. Report on diversity at the Coast Guard Academy.
* * * * * * *
Sec. 5103. 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
1102(c); 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) Long-term Major Acquisitions Plan.--Each report under
subsection (a) shall include a plan that describes for the
upcoming fiscal year, and for each of the 20 fiscal years
thereafter--
(1) the numbers and types of cutters and aircraft to
be decommissioned;
(2) the numbers and types of cutters and aircraft to
be acquired to--
(A) replace the cutters and aircraft
identified under paragraph (1); or
(B) address an identified capability gap; and
(3) the estimated level of funding in each fiscal
year required to--
(A) acquire the cutters and aircraft
identified under paragraph (2);
(B) operate and sustain the cutters and
aircraft described under paragraph (2);
[(B)] (C) acquire related command, control,
communications, computer, intelligence,
surveillance, and reconnaissance systems; and
[(C)] (D) acquire, construct, or renovate
shoreside infrastructure.
(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.
* * * * * * *
Sec. 5109. Report on gender diversity in the Coast Guard
(a) In General.--Not later than January 15, 2022, and
biennially thereafter, the Commandant shall submit a report on
gender diversity in the Coast Guard to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) Contents.--The report required under subsection (a) shall
contain the following:
(1) Gender diversity overview.--An overview of Coast
Guard active duty and Reserve members, including the
number of officers and enlisted members and the
percentages of men and women in each.
(2) Recruitment and retention.--(A) An analysis of
the changes in the recruitment and retention of women
over the previous two years.
(B) A discussion of any changes to Coast Guard
recruitment and retention over the previous two years
that were aimed at increasing the recruitment and
retention of female members.
(3) Parental leave.--(A) The number of men and women
who took parental leave during each year covered by the
report, including the average length of such leave
periods.
(B) A discussion of the ways in which the Coast Guard
worked to mitigate the impacts of parental leave on
Coast Guard operations and on the careers of the
members taking such leave.
(4) Limitations.--An analysis of current gender-based
limitations on Coast Guard career opportunities,
including discussion of--
(A) shipboard opportunities;
(B) opportunities to serve at remote units;
and
(C) any other limitations on the
opportunities of female members.
(5) Progress update.--An update on the Coast Guard's
progress on the implementation of the action plan
required under section 209 of the Coast Guard
Authorization Act of 2019.
Sec. [1110.] 5110. Mission need statement
(a) In General.--On the date on which the President submits
to Congress a budget for fiscal year 2019 under section 1105 of
title 31 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 5103.
(3) Capital investment plan.--The term ``capital
investment plan'' means the plan required under section
5102(a)(1).
Sec. 5111. Sexual assault and sexual harassment in the Coast Guard
(a) In General.--Not later than January 15 of each year, the
Commandant of the Coast Guard shall submit a report on the
sexual assaults and incidents of sexual harassment involving
members of the Coast Guard to the Committee on Transportation
and Infrastructure and the Committee on Homeland Security of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(b) Contents.--The report required under subsection (a) shall
contain the following:
(1) The number of sexual assaults and incidents of
sexual harassment against members of the Coast Guard,
and the number of sexual assaults and incidents of
sexual harassment by members of the Coast Guard, that
were reported to military officials during the year
covered by such report, and the number of the cases so
reported that were substantiated.
(2) A synopsis of, and the disciplinary action taken
in, each substantiated case.
(3) The policies, procedures, and processes
implemented by the Secretary concerned during the year
covered by such report in response to incidents of
sexual assault and sexual harassment involving members
of the Coast Guard concerned.
(4) A plan for the actions that are to be taken in
the year following the year covered by such report on
the prevention of and response to sexual assault and
sexual harassment involving members of the Coast Guard
concerned.
(5)(A) The number of instances in which a covered
individual was accused of misconduct or crimes
considered collateral to the investigation of a sexual
assault committed against the individual.
(B) The number of instances in which adverse action
was taken against a covered individual who was accused
of collateral misconduct or crimes as described in
subparagraph (A).
(C) The percentage of investigations of sexual
assaults that involved an accusation or adverse action
against a covered individual as described in
subparagraphs (A) and (B).
(D) In this paragraph, the term ``covered
individual'' means an individual who is identified as a
victim of a sexual assault in the case files of a
military criminal investigative organization.
Sec. 5112. Report on diversity at the Coast Guard Academy
(a) In General.--Not later than January 15, 2021, and
annually thereafter, the Commandant shall submit a report on
diversity at the Coast Guard Academy to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) Contents.--The report required under subsection (a) shall
include--
(1) the status of the implementation of the plan
required section 802 of the Coast Guard Academy
Improvement Act;
(2) specific information on outreach and recruitment
activities for the preceding year, including the
effectiveness of the Coast Guard Academy Minority
Outreach Team Program described under section 1905 and
of outreach and recruitment activities in the
territories and other possessions of the United States;
(3) enrollment information about the incoming class,
including the gender, race, ethnicity, religion,
socioeconomic background, and State of residence of
Coast Guard Academy cadets;
(4) information on class retention, outcomes, and
graduation rates, including the race, gender,
ethnicity, religion, socioeconomic background, and
State of residence of Coast Guard Academy cadets; and
(5) information on efforts to retain diverse cadets,
including through professional development and
professional advancement programs for staff and
faculty.
* * * * * * *
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
SUBTITLE I--GENERAL
* * * * * * *
CHAPTER 3--FEDERAL MARITIME COMMISSION
* * * * * * *
Sec. 305. Regulations
[The Federal] (a) In General._The Federal Maritime
Commission may prescribe regulations to carry out its duties
and powers.
(b) Transparency.--
(1) In general.--In conjunction with the transmittal
by the President to the Congress of the Budget of the
United States for fiscal year 2021 and biennially
there-after, the Federal Maritime Commission shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives reports that describe the Commission's
progress toward addressing the issues raised in each
unfinished regulatory proceeding, regardless of whether
the proceeding if subject to a statutory or regulatory
deadline.
(2) Format of reports.--Each report under paragraph
(1) shall, among other things, clearly identify for
each unfinished regulatory proceeding--
(A) the popular title;
(B) the current stage of the proceeding;
(C) an abstract of the proceeding;
(D) what prompted the action in question;
(E) any applicable statutory, regulatory, or
judicial deadline;
(F) the associated docket number;
(G) the date the rulemaking was initiated;
(H) a date for the next action; and
(I) if a date for the next action identified
in the previous report is not met, the reason
for the delay.
Sec. 308. Authorization of appropriations
There is authorized to be appropriated to the Federal
Maritime Commission [$28,012,310 for fiscal year 2018 and
$28,544,543 for fiscal year 2019] $29,086,888 for fiscal year
2020 and $29,639,538 for fiscal year 2021 for the activities of
the Commission authorized under this chapter and subtitle IV.
* * * * * * *
CHAPTER 5--OTHER GENERAL PROVISIONS
* * * * * * *
Sec. 501. Waiver of navigation and vessel-inspection laws
(a) On Request of Secretary of Defense.--
(1) In general._On request of the Secretary of
Defense, the head of an agency responsible for the
administration of the navigation or vessel-inspection
laws shall waive compliance with those laws to the
extent the Secretary considers necessary in the
interest of national defense.
(2) Explanation.--Not later than 24 hours
after making a request under paragraph (1), the
Secretary of Defense shall submit to the
Committees on Transportation and Infrastructure
and Armed Services of the House of
Representatives and the Committees on Commerce,
Science, and Transportation and Armed Services
of the Senate a written explanation of the
circumstances requiring such a waiver in the
interest of national defense, including a
confirmation that there are insufficient
qualified vessels to meet the needs of national
defense without such a waiver.
(b) By Head of Agency.--
(1) In general.--When the head of an agency
responsible for the administration of the navigation or
vessel-inspection laws considers it necessary in the
interest of national defense, the individual, following
a determination by the Maritime Administrator, acting
in the Administrator's capacity as Director, National
Shipping Authority, of the non-availability of
qualified United States flag capacity to meet national
defense requirements, may waive compliance with those
laws to the extent, in the manner, and on the terms the
individual, in consultation with the Administrator,
acting in that capacity, prescribes.
(2) Determinations.--The Maritime Administrator
shall--
(A) for each determination referred to in
paragraph (1), identify any actions that could
be taken to enable qualified United States flag
capacity to meet national defense requirements;
(B) provide notice of each such determination
to the Secretary of Transportation and the head
of the agency referred to in paragraph (1) for
which the determination is made; and
(C) publish each such determination on the
Internet Web site of the Department of
Transportation not later than 48 hours after
notice of the determination is provided to the
Secretary of Transportation.
(3) Notice to congress.--
(A) In general.--The head of an agency
referred to in paragraph (1) shall notify the
Committee on Transportation and Infrastructure
and the Committee on Armed Services of the
House of Representatives and the Committee on
Commerce, Science, and Transportation and the
Committee on Armed Services of the Senate--
(i) of any request for a waiver of
the navigation or vessel-inspection
laws under this section not later than
48 hours after receiving such a
request; and
(ii) of the issuance of any such
waiver not later than 48 hours after
such issuance.
(B) Contents.--Such head of an agency shall
include in each notification under subparagraph
(A)(ii) an explanation of--
(i) the reasons the waiver is
necessary; and
(ii) the reasons actions referred to
in paragraph (2)(A) are not feasible.
(c) Termination of Authority.--The authority granted by this
section shall terminate at such time as the Congress by
concurrent resolution or the President may designate.
* * * * * * *
SUBTITLE II--VESSELS AND SEAMEN
* * * * * * *
PART A--GENERAL PROVISIONS
* * * * * * *
CHAPTER 21--GENERAL
* * * * * * *
Sec. 2101. General definitions
In this subtitle--
(1) ``associated equipment''--
(A) means--
(i) a system, accessory, component,
or appurtenance of a recreational
vessel; or
(ii) a marine safety article intended
for use on board a recreational vessel;
but
(B) with the exception of emergency locator
beacons for recreational vessels operating
beyond 3 nautical miles from the baselines from
which the territorial sea of the United States
is measured or beyond 3 nautical miles from the
coastline of the Great Lakes, does not include
radio equipment.
(2) ``Coast Guard'' means the organization
established and continued under section 1 of title 14.
(3) ``Commandant'' means the Commandant of the Coast
Guard.
(4) ``commercial service'' includes any type of trade
or business involving the transportation of goods or
individuals, except service performed by a combatant
vessel.
(5) ``consideration'' means an economic benefit,
inducement, right, or profit including pecuniary
payment accruing to an individual, person, or entity,
but not including a voluntary sharing of the actual
expenses of the voyage, by monetary contribution or
donation of fuel, food, beverage, or other supplies.
(6) ``crude oil'' means a liquid hydrocarbon mixture
occurring naturally in the earth, whether or not
treated to render it suitable for transportation, and
includes crude oil from which certain distillate
fractions may have been removed, and crude oil to which
certain distillate fractions may have been added.
(7) ``crude oil tanker'' means a tanker engaged in
the trade of carrying crude oil.
(8) ``dangerous drug'' means a narcotic drug, a
controlled substance, or a controlled substance analog
(as defined in section 102 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C.
802)).
(9) ``discharge'', when referring to a substance
discharged from a vessel, includes spilling, leaking,
pumping, pouring, emitting, emptying, or dumping,
however caused.
(10) ``ferry'' means a vessel that is used on a
regular schedule--
(A) to provide transportation only between
places that are not more than 300 miles apart;
and
(B) to transport only--
(i) passengers; or
(ii) vehicles, or railroad cars, that
are being used, or have been used, in
transporting passengers or goods.
(11) ``fish'' means finfish, mollusks, crustaceans,
and all other forms of marine animal and plant life,
except marine mammals and birds.
(12) ``fishing vessel'' means a vessel that
commercially engages in the catching, taking, or
harvesting of fish or an activity that can reasonably
be expected to result in the catching, taking, or
harvesting of fish.
(13) ``fish processing vessel'' means a vessel that
commercially prepares fish or fish products other than
by gutting, decapitating, gilling, skinning, shucking,
icing, freezing, or brine chilling.
(14) ``fish tender vessel'' means a vessel that
commercially supplies, stores, refrigerates, or
transports fish, fish products, or materials directly
related to fishing or the preparation of fish to or
from a fishing, fish processing, or fish tender vessel
or a fish processing facility.
(15) ``freight vessel'' means a motor vessel of more
than 15 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
carries freight for hire, except an oceanographic
research vessel or an offshore supply vessel.
(16) ``Great Lakes barge'' means a non-self-propelled
vessel of at least 3,500 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 operating on the Great Lakes.
(17) ``hazardous material'' means a liquid material
or substance that is--
(A) flammable or combustible;
(B) designated a hazardous substance under
section 311(b) of the Federal Water Pollution
Control Act (33 U.S.C. 1321); or
(C) designated a hazardous material under
section 5103(a) of title 49.
(18) ``major conversion'' means a conversion of a
vessel that--
(A) substantially changes the dimensions or
carrying capacity of the vessel;
(B) changes the type of the vessel;
(C) substantially prolongs the life of the
vessel; or
(D) otherwise so changes the vessel that it
is essentially a new vessel, as decided by the
Secretary.
(19) ``marine environment'' means--
(A) the navigable waters of the United States
and the land and resources in and under those
waters;
(B) the waters and fishery resources of an
area over which the United States asserts
exclusive fishery management authority;
(C) the seabed and subsoil of the outer
Continental Shelf of the United States, the
resources of the Shelf, and the waters
superjacent to the Shelf; and
(D) the recreational, economic, and scenic
values of the waters and resources referred to
in subclauses (A)-(C) of this clause.
(20) ``mobile offshore drilling unit'' means a vessel
capable of engaging in drilling operations for the
exploration or exploitation of subsea resources.
(21) ``motor vessel'' means a vessel propelled by
machinery other than steam.
(22) ``nautical school vessel'' means a vessel
operated by or in connection with a nautical school or
an educational institution under section 558 of title
40.
(23) ``navigable waters of the United States''
includes all waters of the territorial sea of the
United States as described in Presidential Proclamation
No. 5928 of December 27, 1988.
(23a) ``non-operating individual'' means an
individual who--
(A) does not perform--
(i) with respect to the operation of
a vessel, watchstanding, automated
engine room duty watch, navigation, or
personnel safety functions;
(ii) with respect to the loading and
unloading of merchandise, cargo
handling functions, including any
activity relating to the loading or
unloading of cargo, the operation of
cargo-related equipment (whether or not
integral to the vessel), and the
handling of mooring lines on the dock
when the vessel is made fast or let go;
(iii) vessel maintenance, including
any repairs that can be performed by
the vessel's crew or a riding gang; or
(iv) safety, security, or
environmental protection activities
directly related to the operation of
the vessel and normally conducted by
the vessel's crew;
(B) does not serve as part of the crew
complement required under section 8101;
(C) does not serve as a riding gang member;
(D) is not a member of the steward's
department;
(E) is not a citizen or temporary or
permanent resident of a country designated by
the United States as a sponsor of terrorism or
any other country that the Secretary, in
consultation with the Secretary of State and
the heads of other appropriate United States
agencies, determines to be a security threat to
the United States;
(F) is not specifically exempted from the
requirement to have a merchant mariner's
document under section 8701(a);
(G) has not been convicted in any
jurisdiction of an offense described in
paragraph (2) or (3) of section 7703;
(H) whose license, certificate of registry,
or merchant mariner's document has not been
suspended or revoked under section 7704; and
(I) who does not otherwise constitute a
threat to the safety of the vessel.
(24) ``oceanographic research vessel'' means a vessel
that the Secretary finds is being employed only in
instruction in oceanography or limnology, or both, or
only in oceanographic or limnological research,
including studies about the sea such as seismic,
gravity meter, and magnetic exploration and other
marine geophysical or geological surveys, atmospheric
research, and biological research.
(25) ``offshore supply vessel'' means a motor vessel
that regularly carries goods, supplies, individuals in
addition to the crew, or equipment in support of
exploration, exploitation, or production of offshore
mineral or energy resources.
(26) ``oil'' includes oil of any type or in any form,
including petroleum, fuel oil, sludge, oil refuse, and
oil mixed with wastes except dredged spoil.
(27) ``oil spill response vessel'' means a vessel
that is designated in its certificate of inspection as
such a vessel, or that is adapted to respond to a
discharge of oil or a hazardous material.
(28) ``overall in length'' means--
(A) for a foreign vessel or a vessel engaged
on a foreign voyage, the greater of--
(i) 96 percent of the length on a
waterline at 85 percent of the least
molded depth measured from the top of
the keel (or on a vessel designed with
a rake of keel, on a waterline parallel
to the designed waterline); or
(ii) the length from the fore side of
the stem to the axis of the rudder
stock on that waterline; and
(B) for any other vessel, the horizontal
distance of the hull between the foremost part
of the stem and the aftermost part of the
stern, excluding fittings and attachments.
(29) ``passenger''--
(A) means an individual carried on the vessel
except--
(i) the owner or an individual
representative of the owner or, in the
case of a vessel under charter, an
individual charterer or individual
representative of the charterer;
(ii) the master; or
(iii) a member of the crew engaged in
the business of the vessel who has not
contributed consideration for carriage
and who is paid for on board services;
(B) on an offshore supply vessel, means an
individual carried on the vessel except--
(i) an individual included in clause
(i), (ii), or (iii) of subparagraph (A)
of this paragraph;
(ii) an employee of the owner, or of
a subcontractor to the owner, engaged
in the business of the owner;
(iii) an employee of the charterer,
or of a subcontractor to the charterer,
engaged in the business of the
charterer; or
(iv) an individual employed in a
phase of exploration, exploitation, or
production of offshore mineral or
energy resources served by the vessel;
(C) on a fishing vessel, fish processing
vessel, or fish tender vessel, means an
individual carried on the vessel except--
(i) an individual included in clause
(i), (ii), or (iii) of subparagraph (A)
of this paragraph;
(ii) a managing operator;
(iii) an employee of the owner, or of
a subcontractor to the owner, engaged
in the business of the owner;
(iv) an employee of the charterer, or
of a subcontractor to the charterer,
engaged in the business of the
charterer; or
(v) an observer or sea sampler on
board the vessel pursuant to a
requirement of State or Federal law; or
(D) on a sailing school vessel, means an
individual carried on the vessel except--
(i) an individual included in clause
(i), (ii), or (iii) of subparagraph (A)
of this paragraph;
(ii) an employee of the owner of the
vessel engaged in the business of the
owner, except when the vessel is
operating under a demise charter;
(iii) an employee of the demise
charterer of the vessel engaged in the
business of the demise charterer; or
(iv) a sailing school instructor or
sailing school student.
(30) ``passenger for hire'' means a passenger for
whom consideration is contributed as a condition of
carriage on the vessel, whether directly or indirectly
flowing to the owner, charterer, operator, agent, or
any other person having an interest in the vessel.
(31) ``passenger vessel'' means a vessel of at least
100 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--
(A) carrying more than 12 passengers,
including at least one passenger for hire;
(B) that is chartered and carrying more than
12 passengers;
(C) that is a submersible vessel carrying at
least one passenger for hire; or
(D) that is a ferry carrying a passenger.
(32) ``product carrier'' means a tanker engaged in
the trade of carrying oil except crude oil.
(33) ``public vessel'' means a vessel that--
(A) is owned, or demise chartered, and
operated by the United States Government or a
government of a foreign country; and
(B) is not engaged in commercial service.
(34) ``recreational vessel'' means a vessel--
(A) being manufactured or operated primarily
for pleasure; or
(B) leased, rented, or chartered to another
for the latter's pleasure.
(35) ``recreational vessel manufacturer'' means a
person engaged in the manufacturing, construction,
assembly, or importation of recreational vessels,
components, or associated equipment.
(36) ``riding gang member'' means an individual who--
(A) has not been issued a merchant mariner
document under chapter 73;
(B) does not perform--
(i) watchstanding, automated engine
room duty watch, or personnel safety
functions; or
(ii) cargo handling functions,
including any activity relating to the
loading or unloading of cargo, the
operation of cargo-related equipment
(whether or not integral to the
vessel), and the handling of mooring
lines on the dock when the vessel is
made fast or let go;
(C) does not serve as part of the crew
complement required under section 8101;
(D) is not a member of the steward's
department; and
(E) is not a citizen or temporary or
permanent resident of a country designated by
the United States as a sponsor of terrorism or
any other country that the Secretary, in
consultation with the Secretary of State and
the heads of other appropriate United States
agencies, determines to be a security threat to
the United States.
(37) ``sailing instruction'' means teaching,
research, and practical experience in operating vessels
propelled primarily by sail and may include--
(A) any subject related to that operation and
to the sea, including seamanship, navigation,
oceanography, other nautical and marine
sciences, and maritime history and literature;
and
(B) only when in conjunction with a subject
referred to in subclause (A) of this clause,
instruction in mathematics and language arts
skills to sailing school students having
learning disabilities.
(38) ``sailing school instructor'' means an
individual who is on board a sailing school vessel to
provide sailing instruction, but does not include an
operator or crewmember who is among those required to
be on board the vessel to meet a requirement
established under part F of this subtitle.
(39) ``sailing school student'' means an individual
who is on board a sailing school vessel to receive
sailing instruction.
(40) ``sailing school vessel'' means a vessel--
(A) that is less 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) carrying more than 6 individuals who are
sailing school instructors or sailing school
students;
(C) principally equipped for propulsion by
sail, even if the vessel has an auxiliary means
of propulsion; and
(D) owned or demise chartered, and operated
by an organization described in section
501(c)(3) of the Internal Revenue Code of 1986
(26 U.S.C. 501(c)(3)) and exempt from tax under
section 501(a) of that Code, or by a State or
political subdivision of a State, during times
that the vessel is operated by the
organization, State, or political subdivision
only for sailing instruction.
(41)(A) Subject to subparagraph (B), ``scientific
personnel'' means individuals on board an oceanographic
research vessel only to engage in scientific research,
or to instruct or receive instruction in oceanography
or limnology.
(B)(i) Such term includes an individual who is on
board an oceanographic research vessel only to--
(I) engage in scientific research;
(II) instruct in oceanography or limnology;
or
(III) receive instruction in oceanography or
limnology.
(ii) For purposes of clause (i), the age of an
individual may not be considered in determining whether
the individual is described in such clause.
(42) ``seagoing barge'' means a non-self-propelled
vessel of at least 100 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 making voyages beyond the Boundary Line.
(43) ``seagoing motor vessel'' means a motor vessel
of at least 300 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 making
voyages beyond the Boundary Line.
(44) ``Secretary'' means the Secretary of the
department in which the Coast Guard is operating.
(45) ``small passenger vessel'' means a wing-in-
ground craft, regardless of tonnage, carrying at least
one passenger for hire, and a vessel of less than 100
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--
(A) carrying more than 6 passengers,
including at least one passenger for hire;
(B) that is chartered with the crew provided
or specified by the owner or the owner's
representative and carrying more than 6
passengers;
(C) that is chartered with no crew provided
or specified by the owner or the owner's
representative and carrying more than 12
passengers;
(D) that is a submersible vessel carrying at
least one passenger for hire; or
(E) that is a ferry carrying more than 6
passengers.
(46) ``steam vessel'' means a vessel propelled in
whole or in part by steam, except a recreational vessel
of not more than 40 feet in length.
(47) ``submersible vessel'' means a vessel that is
capable of operating below the surface of the water.
(48) ``tanker'' means a self-propelled tank vessel
constructed or adapted primarily to carry oil or
hazardous material in bulk in the cargo spaces.
(49) ``tank vessel'' means a vessel that is
constructed or adapted to carry, or that carries, oil
or hazardous material in bulk as cargo or cargo
residue, and that--
(A) is a vessel of the United States;
(B) operates on the navigable waters of the
United States; or
(C) transfers oil or hazardous material in a
port or place subject to the jurisdiction of
the United States.
(50) ``towing vessel'' means a commercial vessel
engaged in or intending to engage in the service of
pulling, pushing, or hauling along side, or any
combination of pulling, pushing, or hauling along side.
(51) ``uninspected passenger vessel'' means an
uninspected vessel--
(A) of at least 100 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--
(i) carrying not more than 12
passengers, including at least one
passenger for hire; or
(ii) that is chartered with the crew
provided or specified by the owner or
the owner's representative and carrying
not more than 12 passengers; and
(B) of less than 100 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--
(i) carrying not more than 6
passengers, including at least one
passenger for hire; or
(ii) that is chartered with the crew
provided or specified by the owner or
the owner's representative and carrying
not more than 6 passengers.
(52) ``uninspected vessel'' means a vessel not
subject to inspection under section 3301 of this title
that is not a recreational vessel.
(53) ``vessel of war'' means a vessel--
(A) belonging to the armed forces of a
country;
(B) bearing the external marks distinguishing
vessels of war of that country;
(C) under the command of an officer
commissioned by the government of that country
and whose name appears in the appropriate
service list or its equivalent; and
(D) staffed by a crew under regular armed
forces discipline.
(54) ``wing-in-ground craft'' means a vessel that is
capable of operating completely above the surface of
the water on a dynamic air cushion created by
aerodynamic lift due to the ground effect between the
vessel and the water's surface.
* * * * * * *
CHAPTER 23--OPERATION OF VESSELS GENERALLY
* * * * * * *
Sec. 2303a. Post serious marine casualty alcohol testing
(a) The Secretary shall establish procedures to ensure that
after a serious marine casualty occurs, alcohol testing of crew
members or other [persons] individuals responsible for the
operation or other safety-sensitive functions of the vessel or
vessels involved in such casualty is conducted no later than 2
hours after the casualty occurs, unless such testing cannot be
completed within that time due to safety concerns directly
related to the casualty.
(b) The procedures in subsection (a) shall require that if
alcohol testing cannot be completed within 2 hours of the
occurrence of the casualty, such testing shall be conducted as
soon thereafter as the safety concerns in subsection (a) have
been adequately addressed to permit such testing, except that
such testing may not be required more than 8 hours after the
casualty occurs.
* * * * * * *
Sec. 2306. Vessel reporting requirements
(a)(1) An owner, charterer, managing operator, or agent of a
vessel of the United States, having reason to believe (because
of lack of communication with or nonappearance of a vessel or
any other incident) that the vessel may have been lost or
imperiled, immediately shall--
(A) notify the Coast Guard; and
(B) use all available means to determine the status
of the vessel.
(2) When more than 48 hours have passed since the owner,
charterer, managing operator, or agent of a vessel required to
report to the United States Flag Merchant Vessel Location
Filing System under authority of section 50113 of this title
has received a communication from the vessel, the owner,
charterer, managing operator, or agent immediately shall--
(A) notify the Coast Guard; and
(B) use all available means to determine the status
of the vessel.
[(3) A person notifying the Coast Guard under paragraph (1)
or (2) of this subsection shall provide the name and
identification number of the vessel, the names of individuals
on board, and other information that may be requested by the
Coast Guard. The owner, charterer, managing operator, or agent
also shall submit written confirmation to the Coast Guard
within 24 hours after nonwritten notification to the Coast
Guard under those paragraphs.]
(3) An owner, charterer, managing operator, or agent of a
vessel of the United States notifying the Coast Guard under
paragraph (1) or (2) shall--
(A) provide the name and identification number of the
vessel, the names of individuals on board, and other
information that may be requested by the Coast Guard;
and
(B) submit written confirmation to the Coast Guard
within 24 hours after nonwritten notification to the
Coast Guard under such paragraphs.
(4) An owner, charterer, managing operator, or agent
violating this subsection is liable to the United States
Government for a civil penalty of not more than $5,000 for each
day during which the violation occurs.
(b)(1) The master of a vessel of the United States required
to report to the System shall report to the owner, charterer,
managing operator, or agent at least once every 48 hours.
(2) A master violating this subsection is liable to the
Government for a civil penalty of not more than $1,000 for each
day during which the violation occurs.
(c) The Secretary may prescribe regulations to carry out this
section.
* * * * * * *
PART B--INSPECTION AND REGULATION OF VESSELS
* * * * * * *
CHAPTER 31--GENERAL
* * * * * * *
Sec. 3104. Survival craft
(a) Requirement To Equip.--The Secretary shall require that a
passenger vessel be equipped with survival craft that ensures
that no part of an individual is immersed in water, if--
(1) such vessel is built or undergoes a major
conversion after January 1, 2016; and
(2) operates in cold waters as determined by the
Secretary.
(b) Higher Standard of Safety.--The Secretary may revise part
117 or part 180 of title 46, Code of Federal Regulations, as in
effect before January 1, 2016, if such revision provides a
higher standard of safety than is provided by the regulations
in effect on or before the date of the enactment of the Coast
Guard Authorization Act of 2016.
(c) Innovative and Novel Designs.--The Secretary may, in lieu
of the requirements set out in part 117 or part 180 of title
46, Code of Federal Regulations, as in effect on the date of
the enactment of the Coast Guard Authorization Act of 2016,
allow a passenger vessel to be equipped with a life-saving
appliance or arrangement of an innovative or novel design
that--
(1) ensures no part of an individual is immersed in
water; and
(2) provides an equal or higher standard of safety
than is provided by such requirements as in effect
before such date of the enactment.
(d) Built Defined.--In this section, the term ``built'' has
the meaning that term has [under section 4503(d)] under section
4502(3).
Sec. 3105. Electronic charts
(a) System Requirements.--
[(1) Requirements.--Subject to paragraph (2), the
following vessels, while operating on the navigable
waters of the United States, shall be equipped with and
operate electronic charts under regulations prescribed
by the Secretary of the department in which the Coast
Guard is operating:
[(A) A self-propelled commercial vessel of at
least 65 feet overall length.
[(B) A vessel carrying more than a number of
passengers for hire determined by the
Secretary.
[(C) A towing vessel of more than 26 feet in
overall length and 600 horsepower.
[(D) Any other vessel for which the Secretary
decides that electronic charts are necessary
for the safe navigation of the vessel.]
(1) Electronic charts in lieu of marine charts,
charts, and maps.--Subject to paragraph (2), the
following vessels, while operating on the navigable
waters of the United States, shall be equipped with and
operate electronic navigational charts conforming to a
standard acceptable to the Secretary in lieu of any
marine charts, charts, and maps required by titles 33
and 46, Code of Federal Regulations, as in effect on
the date of the enactment of this paragraph:
(A) A self-propelled commercial vessel of at
least 65 feet overall length.
(B) A vessel carrying more than a number of
passengers for hire determined by the
Secretary.
(C) A towing vessel of more than 26 feet in
overall length and 600 horsepower.
(D) Any other vessel for which the Secretary
decides that electronic charts are necessary
for the safe navigation of the vessel.
(2) Exemptions and waivers.--The Secretary may--
(A) exempt a vessel from paragraph (1), if
the Secretary finds that electronic charts are
not necessary for the safe navigation of the
vessel on the waters on which the vessel
[operates; and] operates;
(B) waive the application of paragraph (1)
with respect to operation of vessels on
navigable waters of the United States specified
by the Secretary, if the Secretary finds that
electronic charts are not needed for safe
navigation on [those waters.] those waters; and
(C) permit vessels that operate solely
landward of the baseline from which the
territorial sea of the United States is
measured to utilize software-based, platform-
independent electronic chart systems that the
Secretary determines are capable of displaying
electronic navigational charts with necessary
scale and detail to ensure safe navigation for
the intended voyage.
(b) Limitation on Application.--Except pursuant to an
international treaty, convention, or agreement, to which the
United States is a party, this section shall not apply to any
foreign vessel that is not destined for, or departing from, a
port or place subject to the jurisdiction of the United States
and that is in--
(1) innocent passage through the territorial sea of
the United States; or
(2) transit through the navigable waters of the
United States that form a part of an international
strait.
* * * * * * *
CHAPTER 33--INSPECTION GENERALLY
* * * * * * *
Sec. 3305. Scope and standards of inspection
(a)(1) The inspection process shall ensure that a vessel
subject to inspection--
(A) is of a structure suitable for the service in
which it is to be employed;
(B) is equipped with proper appliances for
lifesaving, fire prevention, and firefighting;
(C) has suitable accommodations for the crew, sailing
school instructors, and sailing school students, and
for passengers on the vessel if authorized to carry
passengers;
(D) has an adequate supply of potable water for
drinking and washing by passengers and crew;
(E) is in a condition to be operated with safety to
life and property; and
(F) complies with applicable marine safety laws and
regulations.
(2) In determining the adequacy of the supply of potable
water under paragraph (1)(D), the Secretary shall consider--
(A) the size and type of vessel;
(B) the number of passengers or crew on board;
(C) the duration and routing of voyages; and
(D) guidelines for potable water recommended by the
Centers for Disease Control and Prevention and the
Public Health Service.
(b) If an inspection, or examination under section 3308 of
this title, reveals that a life preserver, lifesaving device,
or firehose is defective and incapable of being repaired, the
owner or master shall destroy the life preserver, lifesaving
device, or firehose in the presence of the official conducting
the inspection or examination.
(c) A nautical school vessel operated by a civilian nautical
school or by an educational institution under section 558 of
title 40 shall be inspected like a small passenger vessel or a
passenger vessel, depending on its tonnage.
(d)(1) The Commandant of the Coast Guard shall ensure that
Officers in Charge, Marine Inspections consistently interpret
regulations and standards under this subtitle and chapter 700
to avoid disruption and undue expense to industry.
(2)(A) Subject to subparagraph (B), in the event of a
disagreement regarding the condition of a vessel or the
interpretation of a regulation or standard referred to in
subsection (a) between a local Officer in Charge, Marine
Inspection conducting an inspection of the vessel and the
Officer in Charge, Marine Inspection that issued the most
recent certificate of inspection for the vessel, such Officers
shall seek to resolve such disagreement.
(B) If a disagreement described in subparagraph (A) involves
vessel design or plan review, the Coast Guard marine safety
center shall be included in all efforts to resolve such
disagreement.
(C) If a disagreement described in subparagraph (A) or (B)
cannot be resolved, the local Officer in Charge, Marine
Inspection shall submit to the Commandant of the Coast Guard,
through the cognizant Coast Guard district commander, a request
for a final agency determination of the matter in disagreement.
(3) The Commandant of the Coast Guard shall--
(A) provide to each person affected by a decision or
action by an Officer in Charge, Marine Inspection or by
the Coast Guard marine safety center all information
necessary for such person to exercise any right to
appeal such decision or action; and
(B) if such an appeal is filed, process such appeal
under parts 1 through 4 of title 46, Code of Federal
Regulations, as in effect on the date of enactment of
the [Coast Guard Authorization Act of 2017] Frank
LoBiondo Coast Guard Authorization Act of 2018.
(4) In this section, the term ``Officer in Charge, Marine
Inspection'' means any person from the civilian or military
branch of the Coast Guard who--
(A) is designated as such by the Commandant; and
(B) under the superintendence and direction of the
cognizant Coast Guard district commander, is in charge
of an inspection zone for the performance of duties
with respect to the inspections under, and enforcement
and administration of, subtitle II, chapter 700, and
regulations under such laws.
* * * * * * *
Sec. 3317. Fees
(a) The Secretary may prescribe by regulation fees for
inspecting or examining a small passenger vessel or a sailing
school vessel.
(b) When an inspection or examination under this part of a
documented vessel or a foreign vessel is conducted at a foreign
port or place at the request of the owner or managing operator
of the vessel, the owner or operator shall reimburse the
Secretary for the travel and subsistence expenses incurred by
the personnel assigned to perform the inspection or
examination. Amounts received as reimbursement for these
expenses shall be credited to the appropriation for [operating
expenses] operations and support of the Coast Guard.
* * * * * * *
CHAPTER 35--CARRIAGE OF PASSENGERS
* * * * * * *
Sec. 3507. Passenger vessel security and safety requirements
(a) Vessel Design, Equipment, Construction, and Retrofitting
Requirements.--
(1) In general.--Each vessel to which this subsection
applies shall comply with the following design and
construction standards:
(A) The vessel shall be equipped with ship
rails that are located not less than 42 inches
above the cabin deck.
(B) Each passenger stateroom and crew cabin
shall be equipped with entry doors that include
peep holes or other means of visual
identification.
(C) For any vessel the keel of which is laid
after the date of enactment of the Cruise
Vessel Security and Safety Act of 2010, each
passenger stateroom and crew cabin shall be
equipped with--
(i) security latches; and
(ii) time-sensitive key technology.
(D) The vessel shall integrate technology
that can be used for capturing images of
passengers or detecting passengers who have
fallen overboard, to the extent that such
technology is available.
(E) The vessel shall be equipped with a
sufficient number of operable acoustic hailing
or other such warning devices to provide
communication capability around the entire
vessel when operating in high risk areas (as
defined by the United States Coast Guard).
(2) Fire safety codes.--In administering the
requirements of paragraph (1)(C), the Secretary shall
take into consideration fire safety and other
applicable emergency requirements established by the
U.S. Coast Guard and under international law, as
appropriate.
(b) Video Recording.--
(1) Requirement to maintain surveillance.--The owner
of a vessel to which this section applies shall
maintain a video surveillance system to assist in
documenting crimes on the vessel and in providing
evidence for the prosecution of such crimes, as
determined by the Secretary.
(2) Access to video records.--The owner of a vessel
to which this section applies shall provide to any law
enforcement official performing official duties in the
course and scope of an investigation, upon request, a
copy of all records of video surveillance that the
official believes may provide evidence of a crime
reported to law enforcement officials.
(c) Safety Information.--
(1) Criminal Activity Prevention and Response
Guide.--The owner of a vessel to which this section
applies (or the owner's designee) shall--
(A) have available for each passenger a guide
(referred to in this subsection as the
``security guide''), written in commonly
understood English, which--
(i) provides a description of medical
and security personnel designated on
board to prevent and respond to
criminal and medical situations with 24
hour contact instructions;
(ii) describes the jurisdictional
authority applicable, and the law
enforcement processes available, with
respect to the reporting of homicide,
suspicious death, a missing United
States national, kidnapping, assault
with serious bodily injury, any offense
to which section 2241, 2242, 2243, or
2244(a) or (c) of title 18 applies,
firing or tampering with the vessel, or
theft of money or property in excess of
$10,000, together with contact
information for the appropriate law
enforcement authorities for missing
persons or reportable crimes which
arise--
(I) in the territorial waters
of the United States;
(II) on the high seas; or
(III) in any country to be
visited on the voyage;
(B) provide a copy of the security guide to
the Federal Bureau of Investigation for
comment; and
(C) publicize the security guide on the
website of the vessel owner.
(2) Embassy and consulate locations.--The owner of a
vessel to which this section applies shall provide in
each passenger stateroom, and post in a location
readily accessible to all crew and in other places
specified by the Secretary, information regarding the
locations of the United States embassy and each
consulate of the United States for each country the
vessel will visit during the course of the voyage.
(d) Sexual Assault.--The owner of a vessel to which this
section applies shall--
(1) maintain on the vessel adequate, in-date supplies
of anti-retroviral medications and other medications
designed to prevent sexually transmitted diseases after
a sexual assault;
(2) maintain on the vessel equipment and materials
for performing a medical examination in sexual assault
cases to evaluate the patient for trauma, provide
medical care, and preserve relevant medical evidence;
(3) make available on the vessel at all times medical
staff who have undergone a credentialing process to
verify that he or she--
(A) possesses a current physician's or
registered nurse's license and--
(i) has at least 3 years of post-
graduate or post-registration clinical
practice in general and emergency
medicine; or
(ii) holds board certification in
emergency medicine, family practice
medicine, or internal medicine;
(B) is able to provide assistance in the
event of an alleged sexual assault, has
received training in conducting forensic sexual
assault examination, and is able to promptly
perform such an examination upon request and
provide proper medical treatment of a victim,
including administration of anti-retroviral
medications and other medications that may
prevent the transmission of human
immunodeficiency virus and other sexually
transmitted diseases; and
(C) meets guidelines established by the
American College of Emergency Physicians
relating to the treatment and care of victims
of sexual assault;
(4) prepare, provide to the patient, and maintain
written documentation of the findings of such
examination that is signed by the patient; and
(5) provide the patient free and immediate access
to--
(A) contact information for local law
enforcement, the Federal Bureau of
Investigation, the United States Coast Guard,
the nearest United States consulate or embassy,
and the National Sexual Assault Hotline program
or other third party victim advocacy hotline
service; and
(B) a private telephone line and Internet-
accessible computer terminal by which the
individual may confidentially access law
enforcement officials, an attorney, and the
information and support services available
through the National Sexual Assault Hotline
program or other third party victim advocacy
hotline service.
(e) Confidentiality of Sexual Assault Examination and Support
Information.--The master or other individual in charge of a
vessel to which this section applies shall--
(1) treat all information concerning an examination
under subsection (d) confidential, so that no medical
information may be released to the cruise line or other
owner of the vessel or any legal representative thereof
without the prior knowledge and approval in writing of
the patient, or, if the patient is unable to provide
written authorization, the patient's next-of-kin,
except that nothing in this paragraph prohibits the
release of--
(A) information, other than medical findings,
necessary for the owner or master of the vessel
to comply with the provisions of subsection (g)
or other applicable incident reporting laws;
(B) information to secure the safety of
passengers or crew on board the vessel; or
(C) any information to law enforcement
officials performing official duties in the
course and scope of an investigation; and
(2) treat any information derived from, or obtained
in connection with, post-assault counseling or other
supportive services as confidential, so no such
information may be released to the cruise line or any
legal representative thereof without the prior
knowledge and approval in writing of the patient, or,
if the patient is unable to provide written
authorization, the patient's next-of-kin.
(f) Crew Access to Passenger Staterooms.--The owner of a
vessel to which this section applies shall--
(1) establish and implement procedures and
restrictions concerning--
(A) which crewmembers have access to
passenger staterooms; and
(B) the periods during which they have that
access; and
(2) ensure that the procedures and restrictions are
fully and properly implemented and periodically
reviewed.
(g) Log Book and Reporting Requirements.--
(1) In general.--The owner of a vessel to which this
section applies shall--
(A) record in a log book, either
electronically or otherwise, in a centralized
location readily accessible to law enforcement
personnel, a report on--
(i) all complaints of crimes
described in paragraph (3)(A)(i),
(ii) all complaints of theft of
property valued in excess of $1,000,
and
(iii) all complaints of other crimes,
committed on any voyage that embarks or
disembarks passengers in the United States; and
(B) make such log book available upon request
to any agent of the Federal Bureau of
Investigation, any member of the United States
Coast Guard, and any law enforcement officer
performing official duties in the course and
scope of an investigation.
(2) Details required.--The information recorded under
paragraph (1) shall include, at a minimum--
(A) the vessel operator;
(B) the name of the cruise line;
(C) the flag under which the vessel was
operating at the time the reported incident
occurred;
(D) the age and gender of the victim and the
accused assailant;
(E) the nature of the alleged crime or
complaint, as applicable, including whether the
alleged perpetrator was a passenger or a
crewmember;
(F) the vessel's position at the time of the
incident, if known, or the position of the
vessel at the time of the initial report;
(G) the time, date, and method of the initial
report and the law enforcement authority to
which the initial report was made;
(H) the time and date the incident occurred,
if known;
(I) the total number of passengers and the
total number of crew members on the voyage; and
(J) the case number or other identifier
provided by the law enforcement authority to
which the initial report was made.
(3) Requirement to report crimes and other
information.--
(A) In general.--The owner of a vessel to
which this section applies (or the owner's
designee)--
(i) shall contact the nearest Federal
Bureau of Investigation Field Office or
Legal Attache by telephone as soon as
possible after the occurrence on board
the vessel of an incident involving
homicide, suspicious death, a missing
United States national, kidnapping,
assault with serious bodily injury, any
offense to which section 2241, 2242,
2243, or 2244(a) or (c) of title 18
applies, firing or tampering with the
vessel, or theft of money or property
in excess of $10,000 to report the
incident;
(ii) shall furnish a written report
of each incident specified in clause
(i) to the Internet website maintained
by the Secretary of Transportation
under paragraph (4)(A);
(iii) may report any serious incident
that does not meet the reporting
requirements of clause (i) and that
does not require immediate attention by
the Federal Bureau of Investigation via
the Internet website maintained by the
Secretary of Transportation under
paragraph (4)(A); and
(iv) may report any other criminal
incident involving passengers or
crewmembers, or both, to the proper
State or local government law
enforcement authority.
(B) Incidents to which subparagraph (A)
applies.--Subparagraph (A) applies to an
incident involving criminal activity if--
(i) the vessel, regardless of
registry, is owned, in whole or in
part, by a United States person,
regardless of the nationality of the
victim or perpetrator, and the incident
occurs when the vessel is within the
admiralty and maritime jurisdiction of
the United States and outside the
jurisdiction of any State;
(ii) the incident concerns an offense
by or against a United States national
committed outside the jurisdiction of
any nation;
(iii) the incident occurs in the
Territorial Sea of the United States,
regardless of the nationality of the
vessel, the victim, or the perpetrator;
or
(iv) the incident concerns a victim
or perpetrator who is a United States
national on a vessel during a voyage
that departed from or will arrive at a
United States port.
(4) Availability of incident data via internet.--
(A) Website.--
(i) In general.--The Secretary of
Transportation shall maintain a
statistical compilation of all
incidents on board a cruise vessel
specified in paragraph (3)(A)(i) on an
Internet website that provides a
numerical accounting of the missing
persons and alleged crimes reported
under that paragraph without regard to
the investigative status of the
incident.
(ii) Updates and other
requirements.--The compilation under
clause (i) shall--
(I) be updated not less
frequently than quarterly;
(II) be able to be sorted by
cruise line;
(III) identify each cruise
line by name;
(IV) identify each crime or
alleged crime committed or
allegedly committed by a
passenger or crewmember;
(V) identify the number of
individuals alleged overboard;
and
(VI) include the approximate
number of passengers and crew
carried by each cruise line
during each quarterly reporting
period.
(iii) User-friendly format.--The
Secretary of Transportation shall
ensure that the compilation, data, and
any other information provided on the
Internet website maintained under this
subparagraph are in a user-friendly
format. The Secretary shall, to the
greatest extent practicable, use
existing commercial off the shelf
technology to transfer and establish
the website, and shall not
independently develop software, or
acquire new hardware in operating the
site.
(B) Access to website.--Each cruise line
taking on or discharging passengers in the
United States shall include a link on its
Internet website to the website maintained by
the Secretary of Transportation under
subparagraph (A).
(h) Enforcement.--
(1) Penalties.--
(A) Civil penalty.--Any person that violates
this section or a regulation under this section
shall be liable for a civil penalty of not more
than $25,000 for each day during which the
violation continues, except that the maximum
penalty for a continuing violation is $50,000.
(B) Criminal penalty.--Any person that
willfully violates this section or a regulation
under this section shall be fined not more than
$250,000 or imprisoned not more than 1 year, or
both.
(2) Denial of entry.--The Secretary may deny entry
into the United States to a vessel to which this
section applies if the owner of the vessel--
(A) commits an act or omission for which a
penalty may be imposed under this subsection;
or
(B) fails to pay a penalty imposed on the
owner under this subsection.
(i) Procedures.--The Secretary shall maintain guidelines,
training curricula, and inspection and certification procedures
necessary to carry out the requirements of this section.
(j) Regulations.--The Secretary and the Commandant shall each
issue such regulations as are necessary to implement this
section.
(k) Application.--
(1) In general.--This section and section 3508 apply
to a passenger vessel (as defined in section 2101(31))
that--
(A) is authorized to carry at least 250
passengers;
(B) has onboard sleeping facilities for each
passenger; and
(C) is on a voyage that embarks or disembarks
passengers in the United States[; and].
[(D) is not engaged on a coastwise voyage.]
(2) Federal and state vessels.--This section and
section 3508 do not apply to a vessel of the United
States operated by the Federal Government or a vessel
owned and operated by a State.
(l) Definition.--In this section and section 3508, the term
``owner'' means the owner, charterer, managing operator,
master, or other individual in charge of a vessel.
* * * * * * *
CHAPTER 43--RECREATIONAL VESSELS
Sec.
4301. Application.
* * * * * * *
[4305. Exemptions.]
4305. Exemptions and equivalents.
* * * * * * *
Sec. 4305. [Exemptions] Exemptions and equivalents
(a) Exemptions._If the Secretary considers that recreational
vessel safety will not be adversely affected, the Secretary may
issue an exemption from this chapter or a regulation prescribed
under this chapter.
(b) Equivalents.--The Secretary may accept a substitution for
associated equipment performance or other safety standards for
a recreational vessel if the substitution provides an
equivalent level of safety.
* * * * * * *
Sec. 4311. Penalties and injunctions
(a) A person willfully operating a recreational vessel in
violation of this chapter or a regulation prescribed under this
chapter shall be fined not more than $5,000, imprisoned for not
more than one year, or both.
(b)(1) A person violating section 4307(a) of this title is
liable to the United States Government for a civil penalty of
not more than $5,000, except that the maximum civil penalty may
be not more than $250,000 for a related series of violations.
(2) If the Secretary decides under section 4310(f) that a
recreational vessel or associated equipment contains a defect
related to safety or fails to comply with an applicable
regulation and directs the manufacturer to provide the
notifications specified in this chapter, any person, including
a director, officer or executive employee of a corporation, who
knowingly and willfully fails to comply with that order, may be
fined not more than $10,000, imprisoned for not more than one
year, or both.
(3) When a corporation violates section 4307(a), or fails to
comply with the Secretary's decision under section 4310(f), any
director, officer, or executive employee of the corporation who
knowingly and willfully ordered, or knowingly and willfully
authorized, a violation is individually liable to the
Government for a penalty under paragraphs (1) or (2) in
addition to the corporation. However, the director, officer, or
executive employee is not liable individually under this
subsection if the director, officer, or executive employee can
demonstrate by a preponderance of the evidence that--
(A) the order or authorization was issued on the
basis of a decision, in exercising reasonable and
prudent judgment, that the defect or the nonconformity
with standards and regulations constituting the
violation would not cause or constitute a substantial
risk of personal injury to the public; and
(B) at the time of the order or authorization, the
director, officer, or executive employee advised the
Secretary in writing of acting under this subparagraph
and subparagraph (A).
(c) A person violating section 4312(b) of this title is
liable to the United States Government for a civil penalty of
not more than--
(1) $100 for the first offense;
(2) $250 for the second offense; and
(3) $500 for any subsequent offense.
[(c)] (d) A person violating any other provision of this
chapter or other regulation prescribed under this chapter is
liable to the Government for a civil penalty of not more than
$1,000. If the violation involves the operation of a vessel,
the vessel also is liable in rem for the penalty.
[(d)] (e) When a civil penalty of not more than $200 has been
assessed under this chapter, the Secretary may refer the matter
of collection of the penalty directly to the United States
magistrate judge of the jurisdiction in which the person liable
may be found for collection procedures under supervision of the
district court and under an order issued by the court
delegating this authority under section 636(b) of title 28.
[(e)] (f) The district courts of the United States have
jurisdiction to restrain a violation of this chapter, or to
restrain the sale, offer for sale, introduction or delivery for
introduction into interstate commerce, or importation into the
United States, of a recreational vessel or associated equipment
that the court decides does not conform to safety standards of
the Government. A civil action under this subsection shall be
brought by filing a petition by the Attorney General for the
Government. When practicable, the Secretary shall give notice
to a person against whom an action for injunctive relief is
contemplated and provide the person with an opportunity to
present views and, except for a knowing and willful violation,
shall provide the person with a reasonable opportunity to
achieve compliance. The failure to give notice and provide the
opportunity does not preclude the granting of appropriate
relief by the district court.
[(f)] (g) A person is not subject to a penalty under this
chapter if the person--
(1) establishes that the person did not have reason
to know, in exercising reasonable care, that a
recreational vessel or associated equipment does not
conform with the applicable safety standards of the
Government or that the person was not advised by the
Secretary or the manufacturer of that vessel, equipment
or component that the vessel, equipment or component
contains a defect which creates a substantial risk of
personal injury to the public; or
(2) holds a certificate issued by the manufacturer of
that recreational vessel or associated equipment to the
effect that the recreational vessel or associated
equipment conforms to all applicable recreational
vessel safety standards of the Government, unless the
person knows or reasonably should have known that the
recreational vessel or associated equipment does not so
conform.
[(g)] (h) Compliance with this chapter or standards,
regulations, or orders prescribed under this chapter does not
relieve a person from liability at common law or under State
law.
Sec. 4312. Engine cut-off switches
(a) Installation Requirement.--A manufacturer, distributor,
or dealer that installs propulsion machinery and associated
starting controls on a covered recreational vessel shall equip
such vessel with an engine cut-off switch and engine cut-off
switch link that meet American Boat and Yacht Council Standard
A-33, as in effect on the date of the enactment of the [Coast
Guard Authorization Act of 2017] Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282).
(b) Use Requirement.--
(1) In general.--An individual operating a covered
recreational vessel shall use an engine cut-off switch
link while operating on plane or above displacement
speed.
(2) Exceptions.--The requirement under paragraph (1)
shall not apply if--
(A) the main helm of the covered vessel is
installed within an enclosed cabin; or
(B) the vessel does not have an engine cut-
off switch and is not required to have one
under subsection (a).
[(b)] (c) Education on Cut-off Switches.--The Commandant of
the Coast Guard, through the National Boating Safety Advisory
Committee established under section 15105, may initiate a
boating safety program on the use and benefits of cut-off
switches for recreational vessels.
[(c)] (d) Availability of Standard for Inspection.--
(1) In general.--Not later than 90 days after the
date of the enactment of this section, the Commandant
shall transmit American Boat and Yacht Council Standard
A-33, as in effect on the date of enactment of the
[Coast Guard Authorization Act of 2017] Frank LoBiondo
Coast Guard Authorization Act of 2018 (Public Law 115-
282), to--
(A) the Committee on Transportation and
Infrastructure of the House of Representatives;
(B) the Committee on Commerce, Science, and
Transportation of the Senate; and
(C) the Coast Guard Office of Design and
Engineering Standards; and
(D) the National Archives and Records
Administration.
(2) Availability.--The standard submitted under
paragraph (1) shall be kept on file and available for
public inspection at such Coast Guard office and the
National Archives and Records Administration.
[(d)] (e) Definitions.--In this section:
(1) Covered recreational vessel.--The term ``covered
recreational vessel'' means a recreational vessel that
is--
(A) less than 26 feet overall in length; and
(B) capable of developing 115 pounds or more
of static thrust.
(2) Dealer.--The term ``dealer'' means any person who
is engaged in the sale and distribution of recreational
vessels or associated equipment to purchasers whom the
seller in good faith believes to be purchasing any such
vessel or associated equipment for purposes other than
resale.
(3) Distributor.--The term ``distributor'' means any
person engaged in the sale and distribution of
recreational vessels and associated equipment for the
purposes of resale.
(4) Manufacturer.--The term ``equipment
manufacturer'' means any person engaged in the
manufacture, construction, or assembly of recreational
vessels or associated equipment, or the importation of
recreational vessels into the United States for
subsequent sale.
(5) Propulsion machinery.--The term ``propulsion
machinery'' means a self-contained propulsion system,
and includes, but is not limited to, inboard engines,
outboard motors, and sterndrive engines.
(6) Static thrust.--The term ``static thrust'' means
the forward or backwards thrust developed by propulsion
machinery while stationary.
* * * * * * *
[CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS
[Sec. 4501. Application
[(a) This chapter applies to an uninspected vessel which is a
fishing vessel, fish processing vessel, or fish tender vessel.
[(b) This chapter does not apply to the carriage of bulk
dangerous cargoes regulated under chapter 37 of this title.
[Sec. 4502. Safety standards
[(a) The Secretary shall prescribe regulations which require
that each vessel to which this chapter applies shall be
equipped with--
[(1) readily accessible fire extinguishers capable of
promptly and effectively extinguishing a flammable or
combustible liquid fuel fire;
[(2) at least one readily accessible life preserver
or other lifesaving device for each individual on
board;
[(3) an efficient flame arrestor, backfire trap, or
other similar device on the carburetors of each inboard
engine which uses gasoline as fuel;
[(4) the means to properly and efficiently ventilate
enclosed spaces, including engine and fuel tank
compartments, so as to remove explosive or flammable
gases;
[(5) visual distress signals;
[(6) other equipment required to minimize the risk of
injury to the crew during vessel operations, if the
Secretary determines that a risk of serious injury
exists that can be eliminated or mitigated by that
equipment; and
[(7) a placard as required by regulations prescribed
under section 10603(b) of this title.
[(b)(1) In addition to the requirements of subsection (a) of
this section, the Secretary shall prescribe regulations
requiring the installation, maintenance, and use of the
equipment in paragraph (2) of this subsection for vessels to
which this chapter applies that--
[(A) operate beyond 3 nautical miles from the
baseline from which the territorial sea of the United
States is measured or beyond 3 nautical miles from the
coastline of the Great Lakes;
[(B) operate with more than 16 individuals on board;
or
[(C) in the case of a fish tender vessel, engage in
the Aleutian trade.
[(2) The equipment to be required is as follows:
[(A) alerting and locating equipment, including
emergency position indicating radio beacons;
[(B) subject to paragraph (3), a survival craft that
ensures that no part of an individual is immersed in
water sufficient to accommodate all individuals on
board;
[(C) at least one readily accessible immersion suit
for each individual on board that vessel when operating
on the waters described in section 3102 of this title;
[(D) marine radio communications equipment sufficient
to effectively communicate with land-based search and
rescue facilities;
[(E) navigation equipment, including compasses,
nautical charts, and publications;
[(F) first aid equipment and medical supplies
sufficient for the size and area of operation of the
vessel; and
[(G) ground tackle sufficient for the vessel.
[(3) Except for a nonapplicable vessel, an auxiliary craft
shall satisfy the equipment requirement under paragraph (2)(B)
if such craft is--
[(A) necessary for normal fishing operations;
[(B) readily accessible during an emergency; and
[(C) capable, in accordance with the Coast Guard
capacity rating, when applicable, of safely holding all
individuals on board the vessel to which the craft
functions as an auxiliary.
[(c)(1) In addition to the requirements described in
subsections (a) and (b) of this section, the Secretary may
prescribe regulations establishing the standards in paragraph
(2) of this subsection for vessels to which this chapter
applies that--
[(A)(i) were built after December 31, 1988, or
undergo a major conversion completed after that date;
and
[(ii) operate with more than 16 individuals on board;
or
[(B) in the case of a fish tender vessel, engage in
the Aleutian trade.
[(2) The standards shall be minimum safety standards,
including standards relating to--
[(A) navigation equipment, including radars and
fathometers;
[(B) lifesaving equipment, immersion suits, signaling
devices, bilge pumps, bilge alarms, life rails, and
grab rails;
[(C) fire protection and firefighting equipment,
including fire alarms and portable and semiportable
fire extinguishing equipment;
[(D) use and installation of insulation material;
[(E) storage methods for flammable or combustible
material; and
[(F) fuel, ventilation, and electrical systems.
[(d)(1) The Secretary shall prescribe regulations for the
operating stability of a vessel to which this chapter applies--
[(A) that was built after December 31, 1989; or
[(B) the physical characteristics of which are
substantially altered after December 31, 1989, in a
manner that affects the vessel's operating stability.
[(2) The Secretary may accept, as evidence of compliance with
this subsection, a certification of compliance issued by the
person providing insurance for the vessel or by another
qualified person approved by the Secretary.
[(e) In prescribing regulations under this chapter, the
Secretary--
[(1) shall consider the specialized nature and
economics of the operations and the character, design,
and construction of the vessel; and
[(2) may not require the alteration of a vessel or
associated equipment that was constructed or
manufactured before the effective date of the
regulation.
[(f) To ensure compliance with the requirements of this
chapter, the Secretary--
[(1) shall require the individual in charge of a
vessel described in subsection (b) to keep a record of
equipment maintenance, and required instruction and
drills;
[(2) shall examine at dockside a vessel described in
subsection (b) at least once every 5 years, but may
require an exam at dockside every 2 years for certain
vessels described in subsection (b) if requested by the
owner or operator; and
[(3) shall issue a certificate of compliance to a
vessel meeting the requirements of this chapter and
satisfying the requirements in paragraph (2).
[(g)(1) The individual in charge of a vessel described in
subsection (b) must pass a training program approved by the
Secretary that meets the requirements in paragraph (2) of this
subsection and hold a valid certificate issued under that
program.
[(2) The training program shall--
[(A) be based on professional knowledge and skill
obtained through sea service and hands-on training,
including training in seamanship, stability, collision
prevention, navigation, fire fighting and prevention,
damage control, personal survival, emergency medical
care, emergency drills, and weather;
[(B) require an individual to demonstrate ability to
communicate in an emergency situation and understand
information found in navigation publications;
[(C) recognize and give credit for recent past
experience in fishing vessel operation; and
[(D) provide for issuance of a certificate to an
individual that has successfully completed the program.
[(3) The Secretary shall prescribe regulations implementing
this subsection. The regulations shall require that individuals
who are issued a certificate under paragraph (2)(D) must
complete refresher training at least once every 5 years as a
condition of maintaining the validity of the certificate.
[(4) The Secretary shall establish an electronic database
listing the names of individuals who have participated in and
received a certificate confirming successful completion of a
training program approved by the Secretary under this section.
[(h) A vessel to which this chapter applies shall be
constructed in a manner that provides a level of safety
equivalent to the minimum safety standards the Secretary may
establish for recreational vessels under section 4302, if--
[(1) subsection (b) of this section applies to the
vessel;
[(2) the vessel is less than 50 feet overall in
length; and
[(3) the vessel is built after January 1, 2010.
[(i)(1) The Secretary of Health and Human Services shall
establish a Fishing Safety Training Grants Program to provide
funding to municipalities, port authorities, other appropriate
public entities, not-for-profit organizations, and other
qualified persons that provide commercial fishing safety
training--
[(A) to conduct fishing vessel safety training for
vessel operators and crewmembers that--
[(i) in the case of vessel operators, meets
the requirements of subsection (g); and
[(ii) in the case of crewmembers, meets the
requirements of subsection (g)(2)(A), such
requirements of subsection (g)(2)(B) as are
appropriate for crewmembers, and the
requirements of subsections (g)(2)(D), (g)(3),
and (g)(4); and
[(B) for purchase of safety equipment and training
aids for use in those fishing vessel safety training
programs.
[(2) The Secretary of Health and Human Services, in
consultation with and based on criteria established by the
Commandant of the Coast Guard shall award grants under this
subsection on a competitive basis.
[(3) The Federal share of the cost of any activity carried
out with a grant under this subsection shall not exceed 50
percent.
[(4) There is authorized to be appropriated $3,000,000 for
each of fiscal years 2018 through 2019 for grants under this
subsection.
[(j)(1) The Secretary of Health and Human Services shall
establish a Fishing Safety Research Grant Program to provide
funding to individuals in academia, members of non-profit
organizations and businesses involved in fishing and maritime
matters, and other persons with expertise in fishing safety, to
conduct research on methods of improving the safety of the
commercial fishing industry, including vessel design, emergency
and survival equipment, enhancement of vessel monitoring
systems, communications devices, de-icing technology, and
severe weather detection.
[(2) The Secretary of Health and Human Services, in
consultation with and based on criteria established by the
Commandant of the Coast Guard, shall award grants under this
subsection on a competitive basis.
[(3) The Federal share of the cost of any activity carried
out with a grant under this subsection shall not exceed 50
percent.
[(4) There is authorized to be appropriated $3,000,000 for
each of fiscal years 2018 through 2019 for activities under
this subsection.
[(k) For the purposes of this section, the term ``auxiliary
craft'' means a vessel that is carried onboard a fishing vessel
and is normally used to support fishing operations.
[Sec. 4503. Fishing, fish tender, and fish processing vessel
certification
[(a) A vessel to which this subsection 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) Except as provided in section 4503a, subsection (a)
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) Except as provided in paragraph (2), subsection (a)
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) Subsection (a) does not apply to a fishing vessel or
fish tender vessel to which section 4502(b) of this title
applies, if the vessel--
[(A) is at least 50 feet overall in length, and not
more than 180 feet overall in length as listed on the
vessel's certificate of documentation or certificate of
number; and
[(B)(i) is built after the date of the enactment of
the Coast Guard Authorization Act of 2016; and
[(ii) complies with--
[(I) the requirements described in subsection
(d); or
[(II) the alternative requirements
established by the Secretary under subsection
(e).
[(d) The requirements referred to in subsection
(c)(2)(B)(ii)(I) are the following:
[(1) The vessel is designed by an individual licensed
by a State as a naval architect or marine engineer, and
the design incorporates standards equivalent to those
prescribed by a classification society to which the
Secretary has delegated authority under section 3316 or
another qualified organization approved by the
Secretary for purposes of this paragraph.
[(2) Construction of the vessel is overseen and
certified as being in accordance with its design by a
marine surveyor of an organization accepted by the
Secretary.
[(3) The vessel--
[(A) completes a stability test performed by
a qualified individual;
[(B) has written stability and loading
instructions from a qualified individual that
are provided to the owner or operator; and
[(C) has an assigned loading mark.
[(4) The vessel is not substantially altered without
the review and approval of an individual licensed by a
State as a naval architect or marine engineer before
the beginning of such substantial alteration.
[(5) The vessel undergoes a condition survey at least
twice in 5 years, not to exceed 3 years between
surveys, to the satisfaction of a marine surveyor of an
organization accepted by the Secretary.
[(6) The vessel undergoes an out-of-water survey at
least once every 5 years to the satisfaction of a
certified marine surveyor of an organization accepted
by the Secretary.
[(7) Once every 5 years and at the time of a
substantial alteration to such vessel, compliance of
the vessel with the requirements of paragraph (3) is
reviewed and updated as necessary.
[(8) For the life of the vessel, the owner of the
vessel maintains records to demonstrate compliance with
this subsection and makes such records readily
available for inspection by an official authorized to
enforce this chapter.
[(e)(1) Not later than 10 years after the date of the
enactment of the Coast Guard Authorization Act of 2016, 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 report that provides an analysis of the adequacy of
the requirements under subsection (d) in maintaining the safety
of the fishing vessels and fish tender vessels which are
described in subsection (c)(2) and which comply with the
requirements of subsection (d).
[(2) If the report required under this subsection includes a
determination that the safety requirements under subsection (d)
are not adequate or that additional safety measures are
necessary, then the Secretary may establish an alternative
safety compliance program for fishing vessels or fish tender
vessels (or both) which are described in subsection (c)(2) and
which comply with the requirements of subsection (d).
[(3) The alternative safety compliance program established
under this subsection shall include requirements for--
[(A) vessel construction;
[(B) a vessel stability test;
[(C) vessel stability and loading instructions;
[(D) an assigned vessel loading mark;
[(E) a vessel condition survey at least twice in 5
years, not to exceed 3 years between surveys;
[(F) an out-of-water vessel survey at least once
every 5 years;
[(G) maintenance of records to demonstrate compliance
with the program, and the availability of such records
for inspection; and
[(H) such other aspects of vessel safety as the
Secretary considers appropriate.
[(f)(1) For purposes of this section and section 4503a, the
term ``built'' means, with respect to a vessel, that the
vessel's construction has reached any of the following stages:
[(A) The vessel's keel is laid.
[(B) Construction identifiable with the vessel has
begun and assembly of that vessel has commenced
comprising of at least 50 metric tons or one percent of
the estimated mass of all structural material,
whichever is less.
[(2) In the case of a vessel greater than 79 feet overall in
length, for purposes of paragraph (1)(A) a keel is deemed to be
laid when a marine surveyor affirms that a structure adequate
for serving as a keel for such vessel is in place and
identified for use in the construction of such vessel.
[Sec. 4503a. Alternate safety compliance program
[(a) Subject to subsection (c), beginning on the date that is
3 years after the date that the Secretary prescribes an
alternate safety compliance program, a fishing vessel, fish
processing vessel, or fish tender vessel to which section
4502(b) of this title applies shall comply with such an
alternate safety compliance program, if the vessel--
[(1) is at least 50 feet overall in length;
[(2) is built before July 1, 2013; and
[(3) is 25 years of age or older.
[(b) 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 prescribes an alternate safety compliance
program under subsection (a), shall comply with such an
alternate safety compliance program.
[(c) For purposes of subsection (a), a separate alternate
safety compliance program may be developed for a specific
region or specific fishery.
[(d) Notwithstanding subsection (a), vessels owned by a
person that owns more than 30 vessels subject to that
subsection are not required to meet the alternate safety
compliance requirements of that subsection 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
subsection by that date and the vessel owner is meeting that
schedule.
[(e) 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 is not eligible to participate in
an alternative safety compliance program prescribed under
subsection (a) and, shall--
[(1) remain subject to the requirements of a
classification society approved by the Secretary; and
[(2) have on board a certificate from that society.
[(f) For the purposes of this section, the term ``built'' has
the meaning given that term in section 4503(f).
[Sec. 4504. Prohibited acts
[A person may not operate a vessel in violation of this
chapter or a regulation prescribed under this chapter.
[Sec. 4505. Termination of unsafe operations
[An official authorized to enforce this chapter--
[(1) may direct the individual in charge of a vessel
to which this chapter applies to immediately take
reasonable steps necessary for the safety of
individuals on board the vessel if the official
observes the vessel being operated in an unsafe
condition that the official believes creates an
especially hazardous condition, including ordering the
individual in charge to return the vessel to a mooring
and to remain there until the situation creating the
hazard is corrected or ended; and
[(2) may order the individual in charge of an
uninspected fish processing vessel that does not have
on board the certificate required under section
4503(a)(2) of this title to return the vessel to a
mooring and to remain there until the vessel is in
compliance with that section, except that this
paragraph shall not apply with respect to a vessel to
which section 4503a applies.
[Sec. 4506. Exemptions
[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.
[Sec. 4507. Penalties
[(a) The owner, charterer, managing operator, agent, master,
and individual in charge of a vessel to which this chapter
applies which is operated in violation of this chapter or a
regulation prescribed under this chapter may each be assessed a
civil penalty by the Secretary of not more than $5,000. Any
vessel with respect to which a penalty is assessed under this
subsection is liable in rem for the penalty.
[(b) A person willfully violating this chapter or a
regulation prescribed under this chapter shall be fined not
more than $5,000, imprisoned for not more than one year, or
both.]
CHAPTER 45--UNINSPECTED COMMERCIAL INDUSTRY VESSELS
Sec.
4501. Application.
4502. Definitions.
4503. Safety standards.
4504. Vessel construction.
4505. Operating stability.
4506. Training.
4507. Vessel certification.
4508. Alternate safety compliance program.
4509. Substitute safety compliance program.
4510. Enhanced substitute safety compliance program.
4511. Prohibited acts.
4512. Termination of unsafe operations.
4513. Penalties.
4514. Compliance; Secretary actions.
4515. Exemptions.
4516. Regulations; considerations and limitations.
4517. Fishing safety grants.
Sec. 4501. Application
(a) In General.--Except as provided in subsection (b), this
chapter applies to an uninspected vessel that is a fishing
vessel, fish processing vessel, or fish tender vessel.
(b) Carriage of Bulk Dangerous Cargoes.--This chapter does
not apply to the carriage of bulk dangerous cargoes regulated
under chapter 37.
Sec. 4502. Definitions
In this chapter:
(1) The term ``accountable vessel'' means a vessel to
which this chapter applies that--
(A)(i) was built after December 31, 1988, or
undergoes a major conversion completed after
that date; and
(ii) operates with more than 16 individuals
on board; or
(B) in the case of a fish tender vessel,
engages in the Aleutian trade.
(2) The term ``auxiliary craft'' means a vessel that
is carried onboard a fishing vessel and is normally
used to support fishing operations.
(3)(A) The term ``built'' means, with respect to a
vessel, that the vessel's construction has reached any
of the following stages:
(i) The vessel's keel is laid.
(ii) 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.
(B) In the case of a vessel greater than 79 feet in
overall length, for purposes of subparagraph (A)(i), a
keel is deemed to be laid when a marine surveyor
affirms that a structure adequate for serving as a keel
for such vessel is in place and identified for use in
the construction of such vessel.
(4) The term ``subject vessel'' means a vessel to
which this chapter applies that--
(A) operates beyond 3 nautical miles from the
baseline from which the territorial sea of the
United States is measured or beyond 3 nautical
miles from the coastline of the Great Lakes;
(B) operates with more than 16 individuals on
board; or
(C) in the case of a fish tender vessel,
engages in the Aleutian trade.
(5) The term ``substitute-eligible vessel'' means a
fishing vessel or fish tender vessel that is--
(A) a subject vessel;
(B) at least 50 feet overall in length, and
not more than 180 feet overall in length as
listed on the vessel's certificate of
documentation or certificate of number; and
(C) built after February 8, 2016.
Sec. 4503. Safety standards
(a) In General.--The Secretary shall prescribe regulations
that require that each vessel to which this chapter applies
shall be equipped with--
(1) readily accessible fire extinguishers capable of
promptly and effectively extinguishing a flammable or
combustible liquid fuel fire;
(2) at least one readily accessible life preserver or
other lifesaving device for each individual on board;
(3) an efficient flame arrestor, backfire trap, or
other similar device on the carburetors of each inboard
engine that uses gasoline as fuel;
(4) the means to properly and efficiently ventilate
enclosed spaces, including engine and fuel tank
compartments, so as to remove explosive or flammable
gases;
(5) visual distress signals;
(6) other equipment required to minimize the risk of
injury to the crew during vessel operations, if the
Secretary determines that a risk of serious injury
exists that can be eliminated or mitigated by that
equipment; and
(7) a placard as required by regulations prescribed
under section 10603(b).
(b) Subject Vessels.--In addition to the requirements of
subsection (a), the Secretary shall prescribe regulations
requiring that subject vessels install, maintain, and use the
following equipment:
(1) Alerting and locating equipment, including
emergency position indicating radio beacons.
(2)(A) Subject to subparagraph (B), a survival craft
that--
(i) ensures that no part of an individual is
immersed in water; and
(ii) is sufficient to accommodate all
individuals on board.
(B) Except for a nonapplicable vessel, an auxiliary
craft shall satisfy the equipment requirement under
paragraph (2)(B) if such craft is--
(i) necessary for normal fishing operations;
(ii) readily accessible during an emergency;
and
(iii) capable, in accordance with the Coast
Guard capacity rating, when applicable, of
safely holding all individuals on board the
vessel to which the craft functions as an
auxiliary.
(3) At least one readily accessible immersion suit
for each individual on board the vessel when operating
on the waters described in section 3102.
(4) Marine radio communications equipment sufficient
to effectively communicate with a land-based search and
rescue facility.
(5) Navigation equipment, including compasses,
nautical charts, and publications.
(6) First aid equipment and medical supplies
sufficient for the size and area of operation of the
vessel.
(7) Ground tackle sufficient for the vessel.
(c) Accountable Vessels.--In addition to the requirements
described in subsections (a) and (b), the Secretary may
prescribe regulations establishing minimum safety standards for
accountable vessels, including standards relating to--
(1) navigation equipment, including radars and
fathometers;
(2) lifesaving equipment, immersion suits, signaling
devices, bilge pumps, bilge alarms, life rails, and
grab rails;
(3) fire protection and firefighting equipment,
including fire alarms and portable and semiportable
fire extinguishing equipment;
(4) use and installation of insulation material;
(5) storage methods for flammable or combustible
material; and
(6) fuel, ventilation, and electrical systems.
Sec. 4504. Vessel construction
A vessel to which this chapter applies shall be constructed
in a manner that provides a level of safety equivalent to the
minimum safety standards the Secretary may establish for
recreational vessels under section 4302, if the vessel is--
(1) a subject vessel;
(2) less than 50 feet overall in length; and
(3) built after January 1, 2010.
Sec. 4505. Operating stability
(a) Regulations.--The Secretary shall prescribe regulations
for the operating stability of a vessel to which this chapter
applies--
(1) that was built after December 31, 1989; or
(2) the physical characteristics of which are
substantially altered after December 31, 1989, in a
manner that affects the vessel's operating stability.
(b) Evidence of Compliance.--The Secretary may accept, as
evidence of compliance with this section, a certification of
compliance issued by the person providing insurance for the
vessel or by another qualified person approved by the
Secretary.
Sec. 4506. Training
(a) In General.--The individual in charge of a subject vessel
must pass a training program approved by the Secretary that
meets the requirements of subsection (b) and hold a valid
certificate issued under that program.
(b) Training Program Requirements.--The training program
shall--
(1) be based on professional knowledge and skill
obtained through sea service and hands-on training,
including training in seamanship, stability, collision
prevention, navigation, firefighting and prevention,
damage control, personal survival, emergency medical
care, emergency drills, and weather;
(2) require an individual to demonstrate ability to
communicate in an emergency situation and understand
information found in navigation publications;
(3) recognize and give credit for recent past
experience in fishing vessel operation; and
(4) provide for issuance of a certificate to an
individual who has successfully completed the program.
(c) Regulations.--The Secretary shall prescribe regulations
implementing this section. The regulations shall require that
an individual who is issued a certificate under subsection
(b)(4) must complete refresher training at least once every 5
years as a condition of maintaining the validity of the
certificate.
(d) Electronic Database.--The Secretary shall establish an
electronic database listing the names of individuals who have
participated in and received a certificate confirming
successful completion of a training program approved by the
Secretary under this section.
Sec. 4507. Vessel certification
(a) In General.--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 such other organization
evidencing compliance with this subsection.
(b) Application.--
(1) Except as provided in section 4509, this section
applies to a fish processing vessel to which this
chapter applies that--
(A) is built after July 27, 1990; or
(B) undergoes a major conversion completed
after that date.
(2)(A) Except as provided in subparagraph (B), this
section applies to a subject vessel that is at least 50
feet overall in length and is built after July 1, 2013.
(B) This section does not apply to a substitute-
eligible vessel if such vessel complies with--
(i) the substitute safety compliance program
established under section 4509; or
(ii) the enhanced substitute safety
compliance program established by the Secretary
under section 4510.
Sec. 4508. Alternate safety compliance program
(a) In General.--
(1) The Secretary shall establish an alternate safety
compliance program developed in coordination with the
commercial fishing industry.
(2) The program established under paragraph (1) may
include requirements for--
(A) a specific region or fishery (or both);
and
(B) any combination of regions or fisheries
(or both).
(b) Vessels Required to Comply.--Beginning on the date that
is 3 years after the date the Secretary prescribes an alternate
safety compliance program, the following vessels shall comply
with such program:
(1) A subject vessel that is--
(A) at least 50 feet overall in length;
(B) built before July 1, 2013; and
(C) 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 date the
Secretary prescribes an alternate safety compliance
program.
(c) Exempt Vessels.--
(1) Notwithstanding subsection (b), vessels owned by
a person that owns more than 30 vessels subject to that
subsection are not required to comply with alternate
safety compliance program requirements until January 1,
2030, if that owner--
(A) enters into a compliance agreement with
the Secretary that provides for a fixed
schedule for all such vessels owned by that
person to meet requirements of such paragraph
by such date; and
(B) is meeting such schedule.
(2) A subject vessel that was classed before July 1,
2012, is exempt from the requirements of this section
if such vessel--
(A) remains subject to the requirements of a
classification society approved by the
Secretary; and
(B) has on board a certificate from that
society.
Sec. 4509. Substitute safety compliance program
(a) In General.--The Secretary shall establish a substitute
safety compliance program for substitute-eligible vessels that
includes the following requirements:
(1) A substitute-eligible vessel shall be designed by
an individual licensed by a State as a naval architect
or marine engineer, and the design shall incorporate
standards equivalent to those prescribed by a
classification society to which the Secretary has
delegated authority under section 3316 or another
qualified organization approved by the Secretary for
purposes of this paragraph.
(2) Construction of a substitute-eligible vessel
shall be overseen and certified as being in accordance
with its design by a marine surveyor of an organization
accepted by the Secretary.
(3) A substitute-eligible vessel shall--
(A) complete a stability test performed by a
qualified individual;
(B) have written stability and loading
instructions from a qualified individual that
are provided to the owner or operator; and
(C) have an assigned loading mark.
(4) A substitute-eligible vessel shall not be
substantially altered without the review and approval
of an individual licensed by a State as a naval
architect or marine engineer before the beginning of
such substantial alteration.
(5) A substitute-eligible vessel shall undergo a
condition survey at least twice in 5 years, with not
more than 3 years between surveys, to the satisfaction
of a marine surveyor of an organization accepted by the
Secretary.
(6) A substitute-eligible vessel shall undergo an
out-of-water survey at least once every 5 years to the
satisfaction of a certified marine surveyor of an
organization accepted by the Secretary.
(7) Once every 5 years, and at the time of a
substantial alteration to a substitute-eligible vessel,
compliance of the vessel with the requirements of
paragraph (3) is reviewed and updated as necessary.
(8) For the life of a substitute-eligible vessel, the
owner of the vessel shall maintain records to
demonstrate compliance with this subsection and make
such records readily available for inspection by an
official authorized to enforce this chapter.
(b) Compliance.--Section 4507 of this title shall not apply
to a substitute-eligible vessel that complies with the
requirements of the program established under this section.
(c) Report.--Not later than February 8, 2026, 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 report that provides an analysis of the adequacy of
the substitute safety compliance program requirements
established under subsection (a) in maintaining the safety of
substitute-eligible fishing vessels and fish tender vessels and
that comply with such requirements.
Sec. 4510. Enhanced substitute safety compliance program
(a) In General.--If the report required under section 4509(c)
includes a determination that the substitute safety compliance
program established under section 4509(a) is not adequate or
that additional safety measures are necessary, then the
Secretary may establish an enhanced substitute safety
compliance program for fishing vessels or fish tender vessels
(or both) that are substitute-eligible vessels and that comply
with the requirements of section 4509.
(b) Requirements.--The enhanced substitute safety compliance
program established under this subsection shall include
requirements for--
(1) vessel construction;
(2) a vessel stability test;
(3) vessel stability and loading instructions;
(4) an assigned vessel loading mark;
(5) a vessel condition survey at least twice in 5
years, not more than 3 years apart;
(6) an out-of-water vessel survey at least once every
5 years;
(7) maintenance of records to demonstrate compliance
with the program, and the availability of such records
for inspection; and
(8) such other aspects of vessel safety as the
Secretary considers appropriate.
(c) Compliance.--Section 4507 shall not apply to a
substitute-eligible vessel that complies with the requirements
of the program established under this section.
Sec. 4511. Prohibited acts
A person may not operate a vessel in violation of this
chapter or a regulation prescribed under this chapter.
Sec. 4512. Termination of unsafe operations
An official authorized to enforce this chapter--
(1) may direct the individual in charge of a vessel
to which this chapter applies to immediately take
reasonable steps necessary for the safety of
individuals on board the vessel if the official
observes the vessel being operated in an unsafe
condition that the official believes creates an
especially hazardous condition, including ordering the
individual in charge to return the vessel to a mooring
and to remain there until the situation creating the
hazard is corrected or ended; and
(2) may order the individual in charge of an
uninspected fish processing vessel that does not have
on board the certificate required under section 4507 to
return the vessel to a mooring and to remain there
until the vessel is in compliance with such section,
unless the vessel is required to comply with section
4508.
Sec. 4513. Penalties
(a) Civil Penalty.--The owner, charterer, managing operator,
agent, master, and individual in charge of a vessel to which
this chapter applies that is operated in violation of this
chapter or a regulation prescribed under this chapter may each
be assessed a civil penalty by the Secretary of not more than
$10,260. Any vessel with respect to which a penalty is assessed
under this subsection is liable in rem for the penalty.
(b) Criminal Penalties.--An individual willfully violating
this chapter or a regulation prescribed under this chapter
shall be fined not more than $5,000, imprisoned for not more
than one year, or both.
Sec. 4514. Compliance; Secretary actions
To ensure compliance with the requirements of this chapter,
the Secretary--
(1) shall require the individual in charge of a
subject vessel to keep a record of equipment
maintenance and required instruction and drills;
(2) shall examine at dockside a subject vessel at
least once every 5 years, but may require an exam at
dockside every 2 years for certain subject vessels if
requested by the owner or operator; and
(3) shall issue a certificate of compliance to a
vessel meeting the requirements of this chapter and
satisfying the requirements of paragraph (2).
Sec. 4515. Exemptions
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.
Sec. 4516. Regulations; considerations and limitations
In prescribing a regulation under this chapter, the
Secretary--
(1) shall consider the specialized nature and
economics of the operations and the character, design,
and construction of the vessel; and
(2) may not require the alteration of a vessel or
associated equipment that was constructed or
manufactured before the effective date of such
regulation.
Sec. 4517. Fishing safety grants
(a) Safety Training Grants.--
(1) Establishment.--The Secretary of Health and Human
Services shall establish a Fishing Safety Training
Grant Program to provide funding to municipalities,
port authorities, other appropriate public entities,
not-for-profit organizations, and other qualified
persons that provide commercial fishing safety
training.
(2) Use of funds.--Entities receiving funds under
this section may use such funds--
(A) to conduct fishing vessel safety training
for vessel operators and crewmembers that--
(i) in the case of vessel operators,
meets the requirements of section 4506;
and
(ii) in the case of crewmembers,
meets the requirements of sections
4506(b)(1), 4506(b)(4), 4506(c), and
4506(d), and such requirements of
section 4506(b)(2) as are appropriate
for crewmembers; and
(B) for purchase of safety equipment and
training aids for use in such fishing vessel
safety training programs.
(3) Award criteria.--The Secretary of Health and
Human Services, in consultation with and based on
criteria established by the Commandant of the Coast
Guard, shall award grants under this subsection on a
competitive basis.
(4) Limitation on federal share of cost.--The Federal
share of the cost of any activity carried out with a
grant under this subsection shall not exceed 50
percent.
(5) Authorization of appropriations.--There is
authorized to be appropriated $3,000,000 for each of
fiscal years 2020 and 2021 for grants under this
subsection.
(b) Research Grant Program.--
(1) Establishment.--The Secretary of Health and Human
Services shall establish a Fishing Safety Research
Grant Program to provide funding to individuals in
academia, not-for-profit organizations, businesses
involved in fishing and maritime matters, and other
persons with expertise in fishing safety, to conduct
research on methods of improving the safety of the
commercial fishing industry, including vessel design,
emergency and survival equipment, enhancement of vessel
monitoring systems, communications devices, de-icing
technology, and severe weather detection.
(2) Award criteria.--The Secretary of Health and
Human Services, in consultation with and based on
criteria established by the Commandant of the Coast
Guard, shall award grants under this subsection on a
competitive basis.
(3) Limitation on federal share of cost.--The Federal
share of the cost of any activity carried out with a
grant under this subsection shall not exceed 50
percent.
(4) Authorization of appropriations.--There is
authorized to be appropriated $3,000,000 for each
fiscal year 2020 and 2021 for activities under this
subsection.
* * * * * * *
PART E--MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS
* * * * * * *
CHAPTER 73--MERCHANT MARINERS' DOCUMENTS
* * * * * * *
Sec. 7303. Possession and description of merchant mariners' documents
A merchant mariner's document shall be retained by the
[seaman] individual to whom issued. The document shall contain
the signature, notations of nationality, age, and physical
description, the photograph, and the home address of the
[seaman] individual. In addition, the document shall specify
the rate or ratings in which the [seaman] individual is
qualified to serve.
* * * * * * *
Sec. 7319. Records of merchant mariners' documents
The Secretary shall maintain records on each merchant
mariner's document issued, including the name and address of
the [seaman] individual to whom issued and the next of kin of
the [seaman] individual.
* * * * * * *
CHAPTER 75--GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
* * * * * * *
Sec. 7501. Duplicates
(a) If a license, certificate of registry, or merchant
mariner's document issued under this part is lost as a result
of a marine casualty, the holder shall be supplied with a
duplicate without cost.
(b) For any other loss, the [seaman] holder may obtain a
duplicate on payment of reasonable costs prescribed by
regulation by the Secretary.
* * * * * * *
Sec. 7504. Travel and expense reimbursement
When a requirement to qualify for the issuance of, or
endorsement on, a certificate, license, or document under this
part is administered at a place at the request of an applicant
or an applicant's representative, the applicant or
representative may reimburse the Secretary for the travel and
subsistence expenses incurred by the personnel assigned to
perform the administration of the requirement. Amounts received
as reimbursement under this section shall be credited to the
appropriation for [operating expenses] operations and support
of the Coast Guard.
* * * * * * *
Sec. 7507. Authority to extend the duration of licenses, certificates
of registry, and merchant mariner documents
(a) Licenses and Certificates of Registry.--Notwithstanding
sections 7106 and 7107, the Secretary of the department in
which the Coast Guard is operating may--
(1) extend for not more than one year an expiring
license or certificate of registry issued for an
individual under chapter 71 if the Secretary determines
that the extension is required to enable the Coast
Guard to eliminate a backlog in processing applications
for those licenses or certificates of registry or in
response to a national emergency or natural disaster,
as deemed necessary by the Secretary; or
(2) issue for not more than five years an expiring
license or certificate of registry issued for an
individual under chapter 71 for the exclusive purpose
of aligning the expiration date of such license or
certificate of registry with the expiration date of a
merchant mariner's document.
(b) Merchant Mariner Documents.--Notwithstanding section
7302(g), the Secretary may--
(1) extend for not more than one year an expiring
merchant mariner's document issued for an individual
under chapter 73 if the Secretary determines that the
extension is required to enable the Coast Guard to
eliminate a backlog in processing applications for
those merchant mariner documents or in response to a
national emergency or natural disaster, as deemed
necessary by the Secretary; or
(2) issue for not more than five years an expiring
merchant mariner's document issued for an individual
under chapter 73 for the exclusive purpose of aligning
the expiration date of such merchant mariner's document
with the expiration date of a license or certificate of
registry.
(c) Manner of Extension.--Any extensions granted under this
section may be granted to individual seamen or a specifically
identified group of seamen.
(d) Renewal.--With respect to any renewal of an existing
merchant mariner credential that is not an extension under
subsection (a) or (b), such credential shall begin the day
after the expiration of the credential holder's existing
credential.
Sec. 7508. Authority to extend the duration of medical certificates
(a) Granting of Extensions.--Notwithstanding any other
provision of law, the Secretary may extend for not more than
one year a medical certificate issued to an individual holding
a license, merchant mariner's document, or certificate of
registry issued under chapter 71 or 73 if the Secretary
determines that the extension is required to enable the Coast
Guard to eliminate a backlog in processing applications for
medical certificates or is in response to a national emergency
or natural disaster.
(b) Manner of Extension.--An extension under this section may
be granted to [individual seamen or a specifically identified
group of seamen] an individual or a specifically identified
group of individuals.
* * * * * * *
Sec. 7510. Examinations for merchant mariner credentials
(a) Disclosure Not Required.--Notwithstanding any other
provision of law, the Secretary is not required to disclose to
the public--
(1) a question from any examination for a merchant
mariner credential;
(2) the answer to such a question, including any
correct or incorrect answer that may be presented with
such question; and
(3) any quality or characteristic of such a question,
including--
(A) the manner in which such question has
been, is, or may be selected for an
examination;
(B) the frequency of such selection; and
(C) the frequency that an examinee correctly
or incorrectly answered such question.
(b) Exception for Certain Questions.--Notwithstanding
subsection (a), the Secretary may, for the purpose of
preparation by the general public for examinations required for
merchant mariner credentials, release an examination question
and answer that the Secretary has retired or is not presently
on or part of an examination, or that the Secretary determines
is appropriate for release.
(c) Exam Review.--
(1) In general.--Not later than 90 days after the
date of the enactment of the Coast Guard Authorization
Act of 2016, and once every two years thereafter, the
Commandant shall commission a working group to review
new questions for inclusion in examinations required
for merchant mariner credentials, composed of--
(A) 1 subject matter expert from the Coast
Guard;
(B) representatives from training facilities
and the maritime industry, of whom--
(i) one-half shall be representatives
from approved training facilities; and
(ii) one-half shall be
representatives from the appropriate
maritime industry;
(C) at least 1 representative from the
National Merchant Marine Personnel Advisory
Committee;
(D) at least 2 representatives from the State
maritime academies, of whom one shall be a
representative from the deck training track and
one shall be a representative of the engineer
license track;
(E) representatives from other Coast Guard
Federal advisory committees, as appropriate,
for the industry segment associated with the
subject examinations;
(F) at least 1 subject matter expert from the
Maritime Administration; and
(G) at least 1 human performance technology
representative.
(2) Inclusion of persons knowledgeable about
examination type.--The working group shall include
representatives knowledgeable about the examination
type under review.
(3) Limitation.--The requirement to convene a working
group under paragraph (1) does not apply unless there
are new examination questions to review.
(4) Baseline review.--
(A) In general.--Within 1 year after the date
of the enactment of the Coast Guard
Authorization Act of 2016, the Secretary shall
convene the working group to complete a
baseline review of the Coast Guard's Merchant
Mariner Credentialing Examination, including
review of--
(i) the accuracy of examination
questions;
(ii) the accuracy and availability of
examination references;
(iii) the length of merchant mariner
examinations; and
(iv) the use of standard technologies
in administering, scoring, and
analyzing the examinations.
(B) Progress report.--The Coast Guard shall
provide a progress report to the appropriate
congressional committees on the review under
this paragraph.
(5) Full membership not required.--The Coast Guard
may convene the working group without all members
present if any non-Coast-Guard representative is
present.
(6) Nondisclosure agreement.--The Secretary shall
require all members of the working group to sign a
nondisclosure agreement with the Secretary.
(7) Treatment of members as federal employees.--A
member of the working group who is not a Federal
Government employee shall not be considered a Federal
employee in the service or the employment of the
Federal Government, except that such a member shall be
considered a special government employee, as defined in
section 202(a) of title 18 for purposes of sections
203, 205, 207, 208, and 209 of such title and shall be
subject to any administrative standards of conduct
applicable to an employee of the department in which
the Coast Guard is operating.
(8) Formal exam review.--The Secretary shall ensure
that the Coast Guard Performance Technology Center--
(A) prioritizes the review of examinations
required for merchant mariner credentials; and
(B) not later than 3 years after the date of
enactment of the Coast Guard Authorization Act
of 2016, completes a formal review, including
an appropriate analysis, of the topics and
testing methodology employed by the National
Maritime Center for [merchant seamen] merchant
mariner licensing.
(9) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to any working group
created under this section to review the Coast Guard's
merchant mariner credentialing examinations.
(d) Merchant Mariner Credential Defined.--In this section,
the term ``merchant mariner credential'' means a [merchant
seaman] merchant mariner license, certificate, or document that
the Secretary is authorized to issue pursuant to this title.
* * * * * * *
PART F--MANNING OF VESSELS
* * * * * * *
CHAPTER 81--GENERAL
Sec.
* * * * * * *
[8107. Use of force against piracy.]
8107. Requirements relating to non-operating individuals.
8108. Use of force against piracy.
* * * * * * *
Sec. 8103. Citizenship and Navy Reserve requirements
(a) Except as otherwise provided in this title, only a
citizen of the United States may serve as master, chief
engineer, radio officer, or officer in charge of a deck watch
or engineering watch on a documented vessel.
(b)(1) Except as otherwise provided in this section, on a
documented vessel--
(A) each unlicensed [seaman] individual 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; and
(B) not more than 25 percent of the total number of
unlicensed [seamen] individuals 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] recreational vessel;
(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]
individuals who are citizens of the United States are
not available.
(c) On each departure of a vessel (except a passenger vessel)
for which a construction differential subsidy has been granted,
all of the [seamen] individuals of the vessel must be citizens
of the United States.
(d)(1) On each departure of a passenger vessel for which a
construction differential subsidy has been granted, at least 90
percent of the entire complement (including licensed
individuals) must be citizens of the United States.
(2) An individual not required by this subsection to be a
citizen of the United States may be engaged only if the
individual has a declaration of intention to become a citizen
of the United States or other evidence of admission to the
United States for permanent residence. An alien may be employed
only in the steward's department of the passenger vessel.
(e) If a documented vessel is deprived for any reason of the
services of an individual (except the master and the radio
officer) when on a foreign voyage and a vacancy consequently
occurs, until the vessel's return to a port at which in the
most expeditious manner a replacement who is a citizen of the
United States can be obtained, an individual not a citizen of
the United States may serve in--
(1) the vacancy; or
(2) a vacancy resulting from the promotion of another
individual to fill the original vacancy.
(f) A person employing an individual in violation of this
section or a regulation prescribed under this section is liable
to the United States Government for a civil penalty of $500 for
each individual so employed.
(g) A deck or engineer officer employed on a vessel on which
an operating differential subsidy is paid, or employed on a
vessel (except a vessel of the Coast Guard or Saint Lawrence
Seaway Development Corporation) owned or operated by the
Department of Transportation or by a corporation organized or
controlled by the Department, if eligible, shall be a member of
the Navy Reserve.
(h) The President may--
(1) suspend any part of this section during a
proclaimed national emergency; and
(2) when the needs of commerce require, suspend as
far and for a period the President considers desirable,
subsection (a) of this section for crews of vessels of
the United States documented for foreign trade.
(i)(1) Except as provided in paragraph (3) of this
subsection, each unlicensed [seaman] individual on a fishing,
fish processing, or fish tender vessel that is engaged in the
fisheries in the navigable waters of the United States or the
exclusive economic zone must be--
(A) a citizen of the United States;
(B) an alien lawfully admitted to the United States
for permanent residence;
(C) any other alien allowed to be employed under the
Immigration and Nationality Act (8 U.S.C. 1101 et
seq.); or
(D) an alien allowed to be employed under the
immigration laws of the Commonwealth of the Northern
Mariana Islands if the vessel is permanently stationed
at a port within the Commonwealth and the vessel is
engaged in the fisheries within the exclusive economic
zone surrounding the Commonwealth or another United
States territory or possession.
(2) Not more than 25 percent of the unlicensed [seamen]
individuals on a vessel subject to paragraph (1) of this
subsection may be aliens referred to in clause (C) of that
paragraph.
(3) This subsection does not apply to 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)).
(j) [Riding Gang Member] Riding Gang Member or Non-Operating
Individual.--This section does not apply to an individual who
is a riding gang member or a non-operating individual.
(k) Crew Requirements for Large Passenger Vessels.--
(1) Citizenship and nationality.--Each unlicensed
[seaman] individual on a large passenger vessel shall
be--
(A) a citizen of the United States;
(B) an alien lawfully admitted to the United
States for permanent residence;
(C) an alien allowed to be employed in the
United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.),
including an alien crewman described in section
101(a)(15)(D)(i) of that Act (8 U.S.C.
1101(a)(15)(D)(i)), who meets the requirements
of paragraph (3)(A) of this subsection; or
(D) a foreign national who is enrolled in the
United States Merchant Marine Academy.
(2) Percentage limitation for alien [seamen]
individuals.--Not more than 25 percent of the
unlicensed [seamen] individuals on a vessel described
in paragraph (1) of this subsection may be aliens
referred to in subparagraph (B) or (C) of that
paragraph.
(3) Special rules for certain unlicensed [seamen]
individuals.--
(A) Qualifications.--An unlicensed [seaman]
individual described in paragraph (1)(C) of
this subsection--
(i) shall have been employed, for a
period of not less than 1 year, on a
passenger vessel under the same common
ownership or control as the vessel
described in paragraph (1) of this
subsection, as certified by the owner
or managing operator of such vessel to
the Secretary;
(ii) shall have no record of material
disciplinary actions during such
employment, as verified in writing by
the owner or managing operator of such
vessel to the Secretary;
(iii) shall have successfully
completed a United States Government
security check of the relevant domestic
and international databases, as
appropriate, or any other national
security-related information or
database;
(iv) shall have successfully
undergone an employer background
check--
(I) for which the owner or
managing operator provides a
signed report to the Secretary
that describes the background
checks undertaken that are
reasonably and legally
available to the owner or
managing operator including
personnel file information
obtained from such [seaman]
individual and from databases
available to the public with
respect to the [seaman]
individual;
(II) that consisted of a
search of all information
reasonably available to the
owner or managing operator in
the [seaman's] individual's
country of citizenship and any
other country in which the
[seaman] individual receives
employment referrals, or
resides;
(III) that is kept on the
vessel and available for
inspection by the Secretary;
and
(IV) the information derived
from which is made available to
the Secretary upon request; and
(v) may not be a citizen or temporary
or permanent resident of a country
designated by the United States as a
sponsor of terrorism or any other
country that the Secretary, in
consultation with the Secretary of
State and the heads of other
appropriate United States agencies,
determines to be a security threat to
the United States.
(B) Restrictions.--An unlicensed [seaman]
individual described in paragraph (1)(C) of
this subsection--
(i) may be employed only in the
steward's department of the vessel; and
(ii) may not perform watchstanding,
automated engine room duty watch, or
vessel navigation functions.
(C) Status, documentation, and employment.--
An unlicensed [seaman] individual described in
subparagraph (C) or (D) of paragraph (1) of
this subsection--
(i) is deemed to meet the nationality
requirements necessary to qualify for a
[merchant mariners] merchant mariner's
document notwithstanding the
requirements of part 12 of title 46,
Code of Federal Regulations;
(ii) is deemed to meet the proof-of-
identity requirements necessary to
qualify for a [merchant mariners]
merchant mariner's document, as
prescribed under regulations
promulgated by the Secretary, if the
[seaman] individual possesses--
(I) an unexpired passport
issued by the government of the
country of which the [seaman]
individual is a citizen or
subject; and
(II) an unexpired visa issued
to the [seaman] individual, as
described in paragraph (1)(C);
(iii) shall, if eligible, be issued a
[merchant mariners] merchant mariner's
document with an appropriate annotation
reflecting the restrictions of
subparagraph (B) of this paragraph; and
(iv) may be employed for a period of
service on board not to exceed 36
months in the aggregate as a
nonimmigrant crewman described in
section 101(a)(15)(D)(i) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(D)(i)) on vessels
engaged in domestic voyages
notwithstanding the departure
requirements and time limitations of
such section and section 252 of the
Immigration and Nationality Act (8
U.S.C. 1282) and the regulations and
rules promulgated thereunder.
(4) Merchant mariner's document requirements not
affected.--This subsection shall not be construed to
affect any requirement under Federal law that an
individual must hold a merchant mariner's document.
(5) Definitions.--In this subsection:
(A) Steward's department.--The term
``steward's department'' means the department
that includes entertainment personnel and all
service personnel, including wait staff,
housekeeping staff, and galley workers, as
defined in the vessel security plan approved by
the Secretary pursuant to section 70103(c) of
this title.
(B) Large passenger vessel.--The term ``large
passenger vessel'' means a vessel of more than
70,000 gross tons, as measured under section
14302 of this title, with capacity for at least
2,000 passengers and documented with a
coastwise endorsement under chapter 121 of this
title.
Sec. 8104. Watches
(a) An owner, charterer, managing operator, master,
individual in charge, or other person having authority may
permit an officer to take charge of the deck watch on a vessel
when leaving or immediately after leaving port only if the
officer has been off duty for at least 6 hours within the 12
hours immediately before the time of leaving.
(b) On an oceangoing or coastwise vessel of not more than 100
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
(except a fishing, fish processing, or fish tender vessel), a
licensed individual may not be required to work more than 9 of
24 hours when in port, including the date of arrival, or more
than 12 of 24 hours at sea, except in an emergency when life or
property are endangered.
(c) On a towing vessel (except a towing vessel operated only
for fishing, fish processing, fish tender, or engaged in
salvage operations) operating on the Great Lakes, harbors of
the Great Lakes, and connecting or tributary waters between
Gary, Indiana, Duluth, Minnesota, Niagara Falls, New York, and
Ogdensburg, New York, [a licensed individual or seaman] an
individual in the deck or engine department may not be required
to work more than 8 hours in one day or permitted to work more
than 15 hours in any 24-hour period, or more than 36 hours in
any 72-hour period, except in an emergency when life or
property are endangered.
(d) On a merchant vessel of more than 100 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
(except a vessel only operating on rivers, harbors, lakes
(except the Great Lakes), bays, sounds, bayous, and canals, a
fishing, fish tender, or whaling vessel, 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, [yacht]
recreational vessel, or vessel engaged in salvage operations),
the licensed individuals, sailors, and oilers shall be divided,
when at sea, into at least 3 watches, and shall be kept on duty
successively to perform ordinary work incident to the operation
and management of the vessel. The requirement of this
subsection applies to radio officers only when at least 3 radio
officers are employed. [A licensed individual or seaman] An
individual in the deck or engine department may not be required
to work more than 8 hours in one day.
(e) On a vessel designated by subsection (d) of this
section--
(1) [a seaman] an individual may not be--
(A) engaged to work alternately in the deck
and engine departments; or
(B) required to work in the engine department
if engaged for deck department duty or required
to work in the deck department if engaged for
engine department duty;
(2) [a seaman] an individual may not be required to
do unnecessary work on Sundays, New Year's Day, July
4th, Labor Day, Thanksgiving Day, or Christmas Day,
when the vessel is in a safe harbor, but this clause
does not prevent dispatch of a vessel on a voyage; and
(3) when the vessel is in a safe harbor, 8 hours
(including anchor watch) is a day's work.
(f) Subsections (d) and (e) of this section do not limit the
authority of the master or other officer or the obedience of
the seamen when, in the judgment of the master or other
officer, any part of the crew is needed for--
(1) maneuvering, shifting the berth of, mooring, or
unmooring, the vessel;
(2) performing work necessary for the safety of the
vessel, or the vessel's passengers, crew, or cargo;
(3) saving life on board another vessel in jeopardy;
or
(4) performing fire, lifeboat, or other drills in
port or at sea.
(g)(1) On a towing vessel, an offshore supply vessel, or a
barge to which this section applies, that is engaged on a
voyage of less than 600 miles, the licensed individuals and
crewmembers may be divided, when at sea, into at least 2
watches.
(2) Paragraph (1) applies to an offshore supply vessel of at
least 6,000 gross tons as measured under section 14302 of this
title if the individuals engaged on the vessel are in
compliance with hours of service requirements (including
recording and recordkeeping of that service) as prescribed by
the Secretary.
(h) On a vessel to which section 8904 of this title applies,
an individual licensed to operate a towing vessel may not work
for more than 12 hours in a consecutive 24-hour period except
in an emergency.
(i) A person violating subsection (a) or (b) of this section
is liable to the United States Government for a civil penalty
of $10,000.
(j) The owner, charterer, or managing operator of a vessel on
which a violation of subsection (c), (d), (e), or (h) of this
section occurs is liable to the Government for a civil penalty
of $10,000. The [seaman] individual is entitled to discharge
from the vessel and receipt of wages earned.
(k) On a fish processing vessel subject to inspection under
part B of this subtitle, the licensed individuals and deck crew
shall be divided, when at sea, into at least 3 watches.
(l) Except as provided in subsection (k) of this section, on
a fish processing vessel, the licensed individuals and deck
crew shall be divided, when at sea, into at least 2 watches if
the vessel--
(1) entered into service before January 1, 1988, and
is more 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; or
(2) entered into service after December 31, 1987, and
has more than 16 individuals on board primarily
employed in the preparation of fish or fish products.
(m) This section does not apply to a fish processing vessel--
(1) entered into service before January 1, 1988, and
not more 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; or
(2) entered into service after December 31, 1987, and
having not more than 16 individuals on board primarily
employed in the preparation of fish or fish products.
(n) On a tanker, a licensed individual or seaman may not be
permitted to work more than 15 hours in any 24-hour period, or
more than 36 hours in any 72-hour period, except in an
emergency or a drill. In this subsection, ``work'' includes any
administrative duties associated with the vessel whether
performed on board the vessel or onshore.
(o)(1) Except as provided in paragraph (2) of this
subsection, on a fish tender vessel of not more than 500 gross
tons as measured under section 14502 of this title, or less
than 500 gross tons as measured under section 14502 of this
title, or is less than 2,500 gross tons as measured under
section 14302 of this title engaged in the Aleutian trade, the
licensed individuals and crewmembers shall be divided, when at
sea, into at least 3 watches.
(2) On a fish tender vessel of not more than 500 gross tons
as measured under section 14502 of this title, or less than 500
gross tons as measured under section 14502 of this title, or is
less than 2,500 gross tons as measured under section 14302 of
this title engaged in the Aleutian trade, the licensed
individuals and crewmembers shall be divided, when at sea, into
at least 2 watches, if the vessel--
(A) before September 8, 1990, operated in that trade;
or
(B)(i) before September 8, 1990, was purchased to be
used in that trade; and
(ii) before June 1, 1992, entered into service in
that trade.
(p) The Secretary may prescribe the watchstanding and work
hours requirements for an oil spill response vessel.
* * * * * * *
Sec. 8107. Requirements relating to non-operating individuals
(a) In General.--The owner or managing operator of a merchant
vessel of the United States of at least 100 gross tons as
measured under section 14502, or an alternate tonnage measured
under section 14302 as prescribed by the Secretary under
section 14104, shall--
(1) ensure that--
(A) each non-operating individual on the
vessel--
(i) is a United States citizen or an
alien lawfully admitted to the United
States for permanent residence; or
(ii) possesses a United States non-
immigrant visa for individuals desiring
to enter the United States temporarily
for business, employment-related and
personal identifying information, and
any other documentation required by the
Secretary;
(B) all required documentation for such
individual is kept on the vessel and available
for inspection by the Secretary; and
(C) each non-operating individual is
identified on the manifest;
(2) ensure that--
(A) each non-operating individual possesses--
(i) a merchant mariner's document;
(ii) a transportation worker
identification credential under section
70105; or
(iii) a current security clearance
issued by a Federal agency; or
(B) the employer of such an individual
attests in a certificate to the owner or
managing operator that--
(i) the background of such individual
has been examined and found to be free
of any credible information indicating
a material risk to the security of the
vessel, the vessel's cargo, the ports
the vessel visits, or other individuals
onboard the vessel;;
(ii) such examination--
(I) met the requirements of
section 70105(d)(2), for
persons described in paragraph
(1)(A)(i) of this subsection;
or
(II) consisted of a search of
all information reasonably
available to the owner or
managing operator in the
individual's country of
citizenship and any other
country in which the individual
works, receives employment
referrals, or resides, for
persons described in paragraph
(1)(A)(ii) of this subsection;
and
(iii) the information derived from
any such examination is made available
to the Secretary upon request;
(3) ensure that each non-operating individual of the
vessel, while on board the vessel, is subject to the
same random chemical testing and reporting regimes as
crew members;
(4) ensure that each such individual employed on the
vessel receives basic safety familiarization and basic
safety training approved by the Coast Guard; and
(5) ensure that every non-operating individual of the
vessel is employed on board the vessel under conditions
that meet or exceed the minimum international standards
of all applicable international labor conventions to
which the United States is a party, including all of
the merchant seamen protection and relief provided
under United States law.
(b) Recordkeeping.--In addition to the requirements of
subsection (a), the owner or managing operator of a vessel to
which subsection (a) applies shall ensure that all information
necessary to ensure compliance with this section, as determined
by the Secretary, is entered into the vessel's official logbook
required by chapter 113.
(c) Civil Penalty.--A person (including an individual)
violating this section is liable to the United States
Government for a civil penalty of $1,250.
Sec. [8107.] 8108. Use of force against piracy
(a) Limitation on Liability.--An owner, operator, time
charterer, master, mariner, or individual who uses force or
authorizes the use of force to defend a vessel of the United
States against an act of piracy shall not be liable for
monetary damages for any injury or death caused by such force
to any person engaging in an act of piracy if such force was in
accordance with standard rules for the use of force in self-
defense of vessels prescribed by the Secretary.
(b) Promotion of Coordinated Action.--To carry out the
purpose of this section, the Secretary of the department in
which the Coast Guard is operating shall work through the
International Maritime Organization to establish agreements to
promote coordinated action among flag- and port-states to
deter, protect against, and rapidly respond to piracy against
the vessels of, and in the waters under the jurisdiction of,
those nations, and to ensure limitations on liability similar
to those established by subsection (a).
(c) Definition.--For the purpose of this section, the term
``act of piracy'' means any act of aggression, search,
restraint, depredation, or seizure attempted against a vessel
of the United States by an individual not authorized by the
United States, a foreign government, or an international
organization recognized by the United States to enforce law on
the high seas.
* * * * * * *
CHAPTER 83--MASTERS AND OFFICERS
Sec.
8301. Minimum number of licensed individuals.
* * * * * * *
[8303. Service under licenses issued without examination.]
* * * * * * *
Sec. 8302. Staff department
(a) This section applies to a vessel of the United States
except--
(1) a fishing or whaling vessel or a [yacht]
recreational vessel;
(2) a vessel operated only on bays, sounds, inland
waters, and lakes (except the Great Lakes); and
(3) a vessel ferrying passengers and cars on the
Great Lakes.
(b) The staff department on a vessel is a separate and
independent department. It consists of individuals registered
under section 7101 of this title, clerks, and individuals
assigned to the senior registered medical doctor.
(c) The staff department is composed of a medical division
and a purser's division. The officer in charge of each division
is responsible only to the master. The senior registered
medical doctor is in charge of the medical division. The senior
registered purser is in charge of the purser's division.
(d) The officer in charge of the purser's division of the
staff department on an oceangoing passenger vessel licensed to
carry more than 100 passengers shall be a registered chief
purser. When more than [3 persons] 3 individuals are employed
in the purser's division of that vessel, there also shall be at
least one registered senior assistant purser and one registered
junior assistant purser.
(e) A person may not employ an individual to serve in, and an
individual may not serve in, a grade of staff officer on a
vessel, when that staff officer is required by this section to
be registered, if the individual does not have a certificate of
registry as staff officer in that grade. A person (including an
individual) violating this subsection is liable to the United
States Government for a civil penalty of $100. However, if a
registered staff officer is not available at the time of
sailing, the vessel may sail with an unregistered staff officer
or without a staff officer.
(f) A staff officer may not be included in a vessel's
certificate of inspection.
(g) A registered staff officer serving under this section who
is a member of the Navy Reserve may wear on the officer's
uniform special distinguishing insignia prescribed by the
Secretary of the Navy.
(h) The uniform stripes, decoration, or other insignia worn
by a staff officer shall be of gold braid or woven gold or
silver material. A crewmember (except a staff officer) may not
wear any uniform with a staff officer's identifying insignia.
[Sec. 8303. Service under licenses issued without examination
[An individual issued a license without examination before
October 29, 1941, to serve as master, mate, or engineer on a
vessel not subject to inspection under part B of this subtitle,
may not serve under authority of that license on a vessel that
is subject to inspection under part B.]
* * * * * * *
CHAPTER 87--UNLICENSED PERSONNEL
* * * * * * *
Sec. 8701. Merchant mariners' documents required
(a) This section applies to a merchant vessel of at least 100
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
except--
(1) a vessel operating only on rivers and lakes
(except the Great Lakes);
(2) a barge (except a seagoing barge or a barge to
which chapter 37 of this title applies);
(3) a fishing, fish tender, or whaling vessel or a
[yacht] recreational vessel;
(4) a sailing school vessel with respect to sailing
school instructors and sailing school students;
(5) an oceanographic research vessel with respect to
scientific personnel;
(6) a fish processing vessel entered into service
before January 1, 1988, and not more 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 or entered into service after
December 31, 1987, and having not more than 16
individuals on board primarily employed in the
preparation of fish or fish products;
(7) a fish processing vessel (except a vessel to
which clause (6) of this subsection applies) with
respect to individuals on board primarily employed in
the preparation of fish or fish products or in a
support position not related to navigation;
(8) a mobile offshore drilling unit with respect to
individuals, other than crew members required by the
certificate of inspection, engaged on board the unit
for the sole purpose of carrying out the industrial
business or function of the unit;
(9) a passenger vessel not engaged in a foreign
voyage with respect to individuals on board employed
for a period of not more than 30 service days within a
12 month period as entertainment personnel, with no
duties, including emergency duties, related to the
navigation of the vessel or the safety of the vessel,
its crew, cargo or passengers; and
(10) the Secretary may prescribe the individuals
required to hold a merchant mariner's document serving
onboard an oil spill response vessel.
(b) A person may not engage or employ an individual, and an
individual may not serve, on board a vessel to which this
section applies if the individual does not have a merchant
mariner's document issued to the individual under section 7302
of this title. Except for an individual required to be licensed
or registered under this part, the document must authorize
service in the capacity for which the holder of the document is
engaged or employed.
(c) On a vessel to which section 10306 or 10503 of this title
does not apply, an individual required by this section to hold
a merchant mariner's document must exhibit it to the master of
the vessel before the individual may be employed.
(d) A person (including an individual) violating this section
is liable to the United States Government for a civil penalty
of $500.
(e) This section does not apply to non-operating individuals.
Sec. 8702. Certain crew requirements
(a) This section applies to a vessel of at least 100 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
except--
(1) a vessel operating only on rivers and lakes
(except the Great Lakes);
(2) a barge (except a seagoing barge or a barge to
which chapter 37 of this title applies);
(3) a fishing, fish tender, or whaling vessel (except
a fish tender vessel engaged in the Aleutian trade) or
a [yacht] recreational vessel;
(4) a sailing school vessel with respect to sailing
school instructors and sailing school students;
(5) an oceanographic research vessel with respect to
scientific personnel;
(6) a fish processing vessel entered into service
before January 1, 1988, and not more 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 or entered into service after
December 31, 1987, and having not more than 16
individuals on board primarily employed in the
preparation of fish or fish products; and
(7) a fish processing vessel (except a vessel to
which clause (6) of this subsection applies) with
respect to individuals on board primarily employed in
the preparation of fish or fish products or in a
support position not related to navigation.
(b) A vessel may operate only if at least--
(1) 75 percent of the crew in each department on
board is able to understand any order spoken by the
officers, and
(2) 65 percent of the deck crew (excluding licensed
individuals) have merchant mariners' documents endorsed
for a rating of at least able seaman, except that this
percentage may be reduced to 50 percent--
(i) on a vessel permitted under section 8104
of this title to maintain a 2-watch system; or
(ii) on a fish tender vessel engaged in the
Aleutian trade.
(c) An able seaman is not required on a towing vessel
operating on bays and sounds connected directly with the seas.
(d) An individual having a rating of less than able seaman
may not be permitted at the wheel in ports, harbors, and other
waters subject to congested vessel traffic, or under conditions
of reduced visibility, adverse weather, or other hazardous
circumstances.
(e) The owner, charterer, managing operator, agent, master,
or individual in charge of a vessel operated in violation of
this section or a regulation prescribed under this section is
liable to the United States Government for a civil penalty of
$10,000.
* * * * * * *
CHAPTER 91--TANK VESSEL MANNING STANDARDS
* * * * * * *
Sec. 9102. Standards for tank vessels of the United States
[(a)] The Secretary shall prescribe standards for the manning
of each vessel of the United States to which chapter 37 of this
title applies, related to the duties, qualifications, and
training of the officers and crew of the vessel, including
standards related to--
(1) instruction in vessel and cargo handling and
vessel navigation under normal operating conditions in
coastal and confined waters and on the high seas;
(2) instruction in vessel and cargo handling and
vessel navigation in emergency situations and under
marine casualty or potential casualty conditions;
(3) qualifications for licenses by specific type and
size of vessels;
(4) qualifications for licenses by use of simulators
for the practice or demonstration of marine-oriented
skills;
(5) minimum health and physical fitness criteria for
various grades of licenses and certificates;
(6) periodic retraining and special training for
upgrading positions, changing vessel type or size, or
assuming new responsibilities;
(7) decisions about licenses and certificates,
conditions of licensing or certification, and periods
of licensing or certification by reference to
experience, amount of training completed, and regular
performance testing; and
(8) instruction in vessel maintenance functions.
[(b) The Secretary shall waive the application of criteria
required by subsection (a)(5) of this section for an individual
having a license or certificate (including a renewal of the
license or certificate) in effect on October 17, 1978. When the
waiver is granted, the Secretary may prescribe conditions for
the license or certificate and its renewal, as the Secretary
decides are reasonable and necessary for the safety of a vessel
on which the individual may be employed.]
* * * * * * *
CHAPTER 93--GREAT LAKES PILOTAGE
* * * * * * *
[Sec. 9307. Great Lakes Pilotage Advisory Committee
[(a) The Secretary shall establish a Great Lakes Pilotage
Advisory Committee. The Committee--
[(1) may review proposed Great Lakes pilotage
regulations and policies and make recommendations to
the Secretary that the Committee considers appropriate;
[(2) may advise, consult with, report to, and make
recommendations to the Secretary on matters relating to
Great Lakes pilotage;
[(3) may make available to the Congress
recommendations that the Committee makes to the
Secretary; and
[(4) shall meet at the call of--
[(A) the Secretary, who shall call such a
meeting at least once during each calendar
year; or
[(B) a majority of the Committee.
[(b)(1) The Committee shall consist of seven members
appointed by the Secretary in accordance with this subsection,
each of whom has at least 5 years practical experience in
maritime operations. The term of each member is for a period of
not more than 5 years, specified by the Secretary. Before
filling a position on the Committee, the Secretary shall
publish a notice in the Federal Register soliciting nominations
for membership on the Committee.
[(2) The membership of the Committee shall include--
[(A) the President of each of the 3 Great Lakes
pilotage districts, or the President's representative;
[(B) one member representing the interests of vessel
operators that contract for Great Lakes pilotage
services;
[(C) one member representing the interests of Great
Lakes ports;
[(D) one member representing the interests of
shippers whose cargoes are transported through Great
Lakes ports; and
[(E) a member with a background in finance or
accounting, who--
[(i) must have been recommended to the
Secretary by a unanimous vote of the other
members of the Committee, and
[(ii) may be appointed without regard to
requirement in paragraph (1) that each member
have 5 years of practical experience in
maritime operations.
[(c)(1) The Committee shall elect one of its members as the
Chairman and one of its members as the Vice Chairman. The Vice
Chairman shall act as Chairman in the absence or incapacity of
the Chairman, or in the event of a vacancy in the office of the
Chairman.
[(2) The Secretary shall, and any other interested agency
may, designate a representative to participate as an observer
with the Committee. The Secretary's designated representative
shall act as the executive secretary of the Committee and shall
perform the duties set forth in section 10(c) of the Federal
Advisory Committee Act (5 U.S.C. App.).
[(d)(1) The Secretary shall, whenever practicable, consult
with the Committee before taking any significant action
relating to Great Lakes pilotage.
[(2) The Secretary shall consider the information, advice,
and recommendations of the Committee in formulating policy
regarding matters affecting Great Lakes pilotage.
[(3) Any recommendations to the Secretary under subsection
(a)(2) must have been approved by at least all but one of the
members then serving on the committee.
[(e)(1) A member of the Committee, when attending meetings of
the Committee or when otherwise engaged in the business of the
Committee, is entitled to receive--
[(A) compensation at a rate fixed by the Secretary,
not exceeding the daily equivalent of the current rate
of basic pay in effect for GS-18 of the General
Schedule under section 5332 of title 5 including travel
time; and
[(B) travel or transportation expenses under section
5703 of title 5, United States Code.
[(2) A member of the Committee shall not be considered to be
an officer or employee of the United States for any purpose
based on their receipt of any payment under this subsection.
[(f)(1) The Federal Advisory Committee Act (5 U.S.C. App.)
applies to the Committee, except that the Committee terminates
on September 30, 2020.
[(2) 2 years before the termination date set forth in
paragraph (1) of this subsection, the Committee shall submit to
the Congress its recommendation regarding whether the Committee
should be renewed and continued beyond the termination date.]
Sec. 9307. Great Lakes Pilotage Advisory Committee
(a) Establishment.--There is established a Great Lakes
Pilotage Advisory Committee (in this section referred to as the
``Committee'').
(b) Function.--The Committee--
(1) may review proposed Great Lakes pilotage
regulations and policies and make recommendations to
the Secretary that the Committee considers appropriate;
and
(2) may advise, consult with, report to, and make
recommendations to the Secretary on matters relating to
Great Lakes pilotage.
(c) Membership.--
(1) In general.--The Committee shall consist of 7
members appointed by the Secretary in accordance with
this section and section 15109.
(2) Expertise.--Each member of the Committee shall
have particular expertise, knowledge, and experience in
matters relating to the function of the Committee.
(3) Representation.--Members of the Committee shall
be appointed as follows:
(A) The President of each of the 3 Great
Lakes pilotage districts, or the President's
representative.
(B) At least 1 member shall represent the
interests of vessel operators that contract for
Great Lakes pilotage services.
(C) At least 1 member shall represent the
interests of Great Lakes ports.
(D) At least 1 member shall represent the
interests of shippers whose cargoes are
transported through Great Lakes ports.
(E) At least 1 member shall have a background
in finance or accounting and must have been
recommended to the Secretary by a unanimous
vote of the other members of the Committee.
(4) Administration.--For purposes of section 15109,
the Committee shall be treated as a committee
established under chapter 151.
* * * * * * *
PART G--MERCHANT SEAMEN PROTECTION AND RELIEF
* * * * * * *
CHAPTER 111--PROTECTION AND RELIEF
* * * * * * *
Sec. 11101. Accommodations for seamen
(a) On a merchant vessel of the United States the
construction of which began after March 4, 1915 (except a
[yacht] recreational vessel, pilot vessel, or vessel of less
than 100 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)--
(1) each place appropriated to the crew of the vessel
shall have a space of at least 120 cubic feet and at
least 16 square feet, measured on the floor or deck of
that place, for each seaman or apprentice lodged in the
vessel;
(2) each seaman shall have a separate berth and not
more than one berth shall be placed one above another;
(3) the place or berth shall be securely constructed,
properly lighted, drained, heated, and ventilated,
properly protected from weather and sea, and, as far as
practicable, properly shut off and protected from the
effluvium of cargo or bilge water; and
(4) crew space shall be kept free from goods or
stores that are not the personal property of the crew
occupying the place in use during the voyage.
(b) In addition to the requirements of subsection (a) of this
section, a merchant vessel of the United States that in the
ordinary course of trade makes a voyage of more than 3 days'
duration between ports and carries a crew of at least 12 seamen
shall have a hospital compartment, suitably separated from
other spaces. The compartment shall have at least one bunk for
each 12 seamen constituting the crew (but not more than 6 bunks
may be required).
(c) A steam vessel of the United States operating on the
Mississippi River or its tributaries shall provide, under the
direction and approval of the Secretary, an appropriate place
for the crew that shall conform to the requirements of this
section, as far as they apply to the steam vessel, by providing
a properly heated sleeping room in the engineroom of the steam
vessel properly protected from the cold, wind, and rain by
means of suitable awnings or screens on either side of the
guards or sides and forward, reaching from the boiler deck to
the lower or main deck.
(d) A merchant vessel of the United States, the construction
of which began after March 4, 1915, having more than 10 seamen
on deck, shall have at least one lighted, clean, and properly
heated and ventilated washing place. There shall be provided at
least one washing outfit for each 2 seamen of the watch. A
separate washing place shall be provided for the fireroom and
engineroom seamen, if their number is more than 10, that shall
be large enough to accommodate at least one-sixth of them at
the same time, and have a hot and cold water supply and a
sufficient number of washbasins, sinks, and shower baths.
(e) Forecastles shall be fumigated at intervals provided by
regulations prescribed by the Secretary of Health and Human
Services, with the approval of the Secretary, and shall have at
least 2 exits, one of which may be used in emergencies.
(f) The owner, charterer, managing operator, agent, master,
or licensed individual of a vessel not complying with this
section is liable to the United States Government for a civil
penalty of at least $50 but not more than $500.
* * * * * * *
Sec. 11106. Wages on justifiable complaint of seamen
(a) Before a seaman on a vessel of the United States is
discharged in a foreign country by a consular officer on the
seaman's complaint that the agreement required by this part has
been breached because the vessel is badly provisioned or
unseaworthy, or against the officers for cruel treatment, the
officer shall inquire about the complaint. If satisfied of the
justice of the complaint, the consular officer shall require
the master to pay the wages due the seaman plus one month's
additional wages and shall discharge the seaman. The master
shall provide the seaman with employment on another vessel or
provide the seaman with passage on another vessel to the port
of original engagement, to the most convenient port of the
United States, or to some port agreeable to the seaman.
(b) When a vessel does not have sufficient provisions for the
intended voyage, and the seaman has been forced to accept a
reduced ration or provisions that are bad in quality or unfit
for use, the seaman is entitled to recover from the master or
owner an allowance, as additional wages, that the court hearing
the case considers reasonable.
(c) Subsection (b) of this section does not apply when the
reduction in rations was for a period during which the seaman
willfully and without sufficient cause failed to perform duties
or was lawfully under confinement on board or on shore for
misconduct, unless that reduction can be shown to have been
unreasonable.
(d) Subsection (b) of this section does not apply to a
fishing or whaling vessel or a [yacht] recreational vessel.
* * * * * * *
Sec. 11113. Treatment of abandoned seafarers
(a) Abandoned Seafarers Fund.--
(1) Establishment.--There is established in the
Treasury a separate account to be known as the
Abandoned Seafarers Fund.
(2) Authorized uses.--Amounts in the Fund [may be
appropriated to the Secretary] shall be available to
the Secretary without further appropriation and shall
remain available until expended for use--
(A) to pay necessary support of a seafarer--
(i) who--
(I) was paroled into the
United States under section
212(d)(5) of the Immigration
and Nationality Act (8 U.S.C.
1182(d)(5)), or for whom the
Secretary has requested parole
under such section; and
(II) is involved in an
investigation, reporting,
documentation, or adjudication
of any matter that is related
to the administration or
enforcement of law by the Coast
Guard; or
(ii) who--
(I) is physically present in
the United States;
(II) the Secretary determines
was abandoned in the United
States; and
(III) has not applied for
asylum under the Immigration
and Nationality Act (8 U.S.C.
1101 et seq.); and
(B) to reimburse a vessel owner or operator
for the costs of necessary support of a
seafarer who has been paroled into the United
States to facilitate an investigation,
reporting, documentation, or adjudication of
any matter that is related to the
administration or enforcement of law by the
Coast Guard, if--
(i) the vessel owner or operator is
not convicted of a criminal offense
related to such matter; or
(ii) the Secretary determines that
reimbursement is appropriate.
(3) Crediting of amounts to fund.--
(A) In general.--Except as provided in
subparagraph (B), there shall be credited to
the Fund the following:
(i) Penalties deposited in the Fund
under section 9 of the Act to Prevent
Pollution from Ships (33 U.S.C. 1908).
(ii) Amounts reimbursed or recovered
under subsection (c).
(B) Limitation.--Amounts may be credited to
the Fund under subparagraph (A) only if the
unobligated balance of the Fund is less than
$5,000,000.
(4) Report required.--On the date on which the
President submits each 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 report that describes--
(A) the amounts credited to the Fund under
paragraph (3) for the preceding fiscal year;
and
(B) amounts in the Fund that were expended
for the preceding fiscal year.
(b) Limitation.--Nothing in this section shall be construed--
(1) to create a private right of action or any other
right, benefit, or entitlement to necessary support for
any person; or
(2) to compel the Secretary to pay or reimburse the
cost of necessary support.
(c) Reimbursement; Recovery.--
(1) In general.--A vessel owner or operator shall
reimburse the Fund an amount equal to the total amount
paid from the Fund for necessary support of a seafarer,
if--
(A) the vessel owner or operator--
(i) during the course of an
investigation, reporting,
documentation, or adjudication of any
matter that the Coast Guard referred to
a United States attorney or the
Attorney General, fails to provide
necessary support of a seafarer who was
paroled into the United States to
facilitate the investigation,
reporting, documentation, or
adjudication; and
(ii) subsequently is--
(I) convicted of a criminal
offense related to such matter;
or
(II) required to reimburse
the Fund pursuant to a court
order or negotiated settlement
related to such matter; or
(B) the vessel owner or operator abandons a
seafarer in the United States, as determined by
the Secretary based on substantial evidence.
(2) Enforcement.--If a vessel owner or operator fails
to reimburse the Fund under paragraph (1) within 60
days after receiving a written, itemized description of
reimbursable expenses and a demand for payment, the
Secretary may--
(A) proceed in rem against the vessel on
which the seafarer served in the Federal
district court for the district in which the
vessel is found; and
(B) withhold or revoke the clearance required
under section 60105 for the vessel and any
other vessel operated by the same operator (as
that term is defined in section 2(a)(9)(A) of
the Act to Prevent Pollution from Ships (33
U.S.C. 1901(a)(9)(A)) as the vessel on which
the seafarer served.
(3) Obtaining clearance.--A vessel may obtain
clearance from the Secretary after it is withheld or
revoked under paragraph (2)(B) if the vessel owner or
operator--
(A) reimburses the Fund the amount required
under paragraph (1); or
(B) provides a bond, or other evidence of
financial responsibility, sufficient to meet
the amount required to be reimbursed under
paragraph (1).
[(4) Notification required.--The Secretary shall
notify the vessel at least 72 hours before taking any
action under paragraph (2)(B).]
(d) Definitions.--In this section:
(1) Abandons; abandoned.--Each of the terms
``abandons'' and ``abandoned'' means--
(A) a vessel owner's or operator's unilateral
severance of ties with a seafarer; or
(B) a vessel owner's or operator's failure to
provide necessary support of a seafarer.
(2) Fund.--The term ``Fund'' means the Abandoned
Seafarers Fund established under this section.
(3) Necessary support.--The term ``necessary
support'' means normal wages and expenses the Secretary
considers reasonable for lodging, subsistence,
clothing, medical care (including hospitalization),
repatriation, and any other support the Secretary
considers to be appropriate.
(4) Seafarer.--The term ``seafarer'' means an alien
crew member who is employed or engaged in any capacity
on board a vessel subject to the jurisdiction of the
United States.
(5) Vessel subject to the jurisdiction of the united
states.--The term ``vessel subject to the jurisdiction
of the United States'' has the meaning given that term
in section 70502(c), except that it does not include a
vessel that is--
(A) owned, or operated under a bareboat
charter, by the United States, a State or
political subdivision thereof, or a foreign
nation; and
(B) not engaged in commerce.
* * * * * * *
CHAPTER 112--MERCHANT MARINER BENEFITS
* * * * * * *
Sec. 11201. Eligibility for veterans' burial and cemetery benefits
(a) Eligibility.--
(1) In general.--The qualified service of [a person]
an individual referred to in paragraph (2) shall be
considered to be active duty in the Armed Forces during
a period of war for purposes of eligibility for
benefits under the following provisions of title 38:
(A) Chapter 23 (relating to burial benefits).
(B) Chapter 24 (relating to interment in
national cemeteries).
(2) Covered individuals.--Paragraph (1) applies to [a
person] an individual who--
(A) receives an honorable service certificate
under section 11203 of this title; and
(B) is not eligible under any other provision
of law for benefits under laws administered by
the Secretary of Veterans Affairs.
(b) Reimbursement for Benefits Provided.--The Secretary shall
reimburse the Secretary of Veterans Affairs for the value of
benefits that the Secretary of Veterans Affairs provides for [a
person] an individual by reason of eligibility under this
section.
(c) Applicability.--
(1) General rule.--Benefits may be provided under the
provisions of law referred to in subsection (a)(1) by
reason of this chapter only for deaths occurring after
the date of the enactment of this chapter.
(2) Burials, etc. in national cemeteries.--
Notwithstanding paragraph (1), in the case of an
initial burial or columbarium placement after the date
of the enactment of this chapter, benefits may be
provided under chapter 24 of title 38 by reason of this
chapter (regardless of the date of death), and in such
a case benefits may be provided under section 2306 of
such title.
Sec. 11202. Qualified service
For purposes of this chapter, [a person] an individual shall
be considered to have engaged in qualified service if, between
August 16, 1945, and December 31, 1946, [the person] the
individual--
(1) was a member of the United States merchant marine
(including the Army Transport Service and the Naval
Transport Service) serving as a crewmember of a vessel
that was--
(A) operated by the War Shipping
Administration or the Office of Defense
Transportation (or an agent of the
Administration or Office);
(B) operated in waters other than inland
waters, the Great Lakes, and other lakes, bays,
and harbors of the United States;
(C) under contract or charter to, or property
of, the Government of the United States; and
(D) serving the Armed Forces; and
(2) while so serving, was licensed or otherwise
documented for service as a crewmember of such a vessel
by an officer or employee of the United States
authorized to license or document [the person] the
individual for such service.
Sec. 11203. Documentation of qualified service
(a) Record of Service.--The Secretary, or in the case of
personnel of the Army Transport Service or the Naval Transport
Service, the Secretary of Defense, shall, upon application--
(1) issue a certificate of honorable service to [a
person] an individual who, as determined by that
Secretary, engaged in qualified service of a nature and
duration that warrants issuance of the certificate; and
(2) correct, or request the appropriate official of
the Federal Government to correct, the service records
of [that person] that individual to the extent
necessary to reflect the qualified service and the
issuance of the certificate of honorable service.
(b) Timing of Documentation.--A Secretary receiving an
application under subsection (a) shall act on the application
not later than 1 year after the date of that receipt.
(c) Standards Relating to Service.--In making a determination
under subsection (a)(1), the Secretary acting on the
application shall apply the same standards relating to the
nature and duration of service that apply to the issuance of
honorable discharges under section 401(a)(1)(B) of the GI Bill
Improvement Act of 1977 (38 U.S.C. 106 note).
(d) Correction of Records.--An official who is requested
under subsection (a)(2) to correct the service records of [a
person] an individual shall make such correction.
* * * * * * *
PART H--IDENTIFICATION OF VESSELS
* * * * * * *
CHAPTER 121--DOCUMENTATION OF VESSELS
SUBCHAPTER I--GENERAL
Sec.
12101. Definitions.
* * * * * * *
12108. Authority to extend the duration of vessel certificates.
SUBCHAPTER II--ENDORSEMENTS AND SPECIAL DOCUMENTATION
Subchapter II--Ports and Waterways Safety
* * * * * * *
SUBCHAPTER IV--PENALTIES
Subchapter IV--Definitions Regulations, Enforcement, Investigatory
Powers, Applicability
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 12108. Authority to extend the duration of vessel certificates
(a) Certificates.--Provided a vessel is in compliance with
inspection requirements in section 3313, the Secretary of the
Department in which in the Coast Guard is operating may, if he
makes the determination described in subsection (b), extend for
a period of not more than one year an expiring---
(1) certificate of documentation issued for a vessel
under chapter 121; or
(2) certificate of financial responsibility required
for a vessel by section 1016(a) of the Oil Pollution
Act of 1990 (33 U.S.C. 2716(a)) or Section 108 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9608).
(b) Determination.--The determination referred to in
subsection (a) is a determination that such extension is
required to enable the Coast Guard to--
(1) eliminate a backlog in processing applications
for such certificates; or
(2) act in response to a national emergency or
natural disaster.
(c) Manner of Extension.--Any extension granted under this
section may be granted to individual vessels or to a
specifically identified group of vessels.
* * * * * * *
SUBCHAPTER II--ENDORSEMENTS AND SPECIAL DOCUMENTATION
* * * * * * *
Sec. 12121. Small passenger vessels and uninspected passenger vessels
(a) Definitions.--In this section:
(1) Eligible vessel.--The term ``eligible vessel''
means a vessel that--
[(A) was not built in the United States and
is at least 3 years old; or
[(B) if rebuilt, was rebuilt outside the
United States at least 3 years before the
certificate requested under subsection (b)
would take effect.]
(A) was built in the United States;
(B) was not built in the United States and is
at least 3 years old; or
(C) if rebuilt, was rebuilt--
(i) in the United States; or
(ii) outside the United States at
least 3 years before the certificate
requested under subsection (b) would
take effect.
(2) Small passenger vessel; uninspected passenger
vessel; passenger for hire.--The terms ``small
passenger vessel'', ``uninspected passenger vessel'',
and ``passenger for hire'' have the meaning given those
terms in section 2101 of this title.
(b) Issuance of Certificate and Endorsement.--Notwithstanding
sections 12112, 12113, 12132, 55102, and 55103 of this title,
the Secretary may issue a certificate of documentation with an
appropriate endorsement for employment in the coastwise trade
as a small passenger vessel or an uninspected passenger vessel
in the case of an eligible vessel authorized to carry no more
than 12 passengers for hire if the Secretary of Transportation,
after notice and an opportunity for public comment, determines
that the employment of the vessel in the coastwise trade will
not adversely affect--
(1) United States vessel builders; or
(2) the coastwise trade business of any person that
employs vessels built in the United States in that
business.
(c) Revocation.--
(1) For fraud.--The Secretary shall revoke a
certificate or endorsement issued under subsection (b)
if the Secretary of Transportation, after notice and an
opportunity for a hearing, determines that the
certificate or endorsement was obtained by fraud.
(2) Other provisions not affected.--Paragraph (1)
does not affect--
(A) the criminal prohibition on fraud and
false statements in section 1001 of title 18;
or
(B) any other authority of the Secretary to
revoke a certificate or endorsement issued
under subsection (b).
SUBCHAPTER III--MISCELLANEOUS
* * * * * * *
Sec. 12138. List of documented vessels
(a) In General.--The Secretary shall publish periodically a
list of all documented vessels and information about those
vessels that the Secretary considers pertinent or useful. The
list shall contain a notation clearly indicating all vessels
classed by the American Bureau of Shipping.
(b) Vessels for Cable Laying, Maintenance, and Repair[.], and
Installation.--
[(1) In general.--The Secretary of Transportation
shall develop, maintain, and periodically update an
inventory of vessels that are documented under this
chapter, are at least 200 feet in length, and have the
capability to lay, maintain, or repair a submarine
cable, without regard to whether a particular vessel is
classed as a cable ship or cable vessel.]
(1) In general.--The Secretary of Transportation
shall develop, maintain, and periodically update an
inventory of vessels that are--
(A) documented under this chapter;
(B) at least 200 feet in length;
(C) have the capability to lay, maintain, or
repair a submarine cable, without regard to
whether a particular vessel is classed as a
cable ship or cable vessel; and
(D) installation vessels within the meaning
of such term in section 55123.
(2) Information to be included.--For each vessel
listed in the inventory, the Secretary of
Transportation shall include in the inventory--
(A) the name, length, beam, depth, and other
distinguishing characteristics of the vessel;
[(B) the abilities and limitations of the
vessel with respect to laying, maintaining, and
repairing a submarine cable; and]
(B) the abilities and limitations of the
vessel with respect to--
(i) in the case of a vessel required
to be inventoried under paragraph
(1)(A), laying, maintaining, and
repairing a submarine cable; and
(ii) in the case of a vessel required
to be inventoried under paragraph
(1)(B), installing platform jackets;
and
(C) the name and address of the person to
whom inquiries regarding the vessel may be
made[.], and Installation.
(3) Publication.--The Secretary of Transportation
shall publish in the Federal Register an updated
inventory every 6 months[.], and Installation.
* * * * * * *
SUBCHAPTER IV--PENALTIES
* * * * * * *
PART J--MEASUREMENT OF VESSELS
* * * * * * *
CHAPTER 143--CONVENTION MEASUREMENT
* * * * * * *
Sec. 14305. Optional regulatory measurement
(a) On request of the owner of a vessel measured under this
chapter that is of United States registry or nationality, or a
vessel operated under the authority of the United States, the
Secretary also shall measure the vessel under chapter 145 of
this title. The tonnages determined under that chapter shall be
used in applying--
(1) parts A, B, C, E, F, and G of this subtitle and
section 12116 of this title;
(2) section 3(d)(3) of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 903(d)(3));
(3) section 4 of the Bridge to Bridge Radiotelephone
Act (33 U.S.C. 1203(a));
(4) section 4(a)(3) of the Ports and Waterways Safety
Act (33 U.S.C. 1223(a)(3));
(5) section 30506 of this title;
(6) sections 12118 and 12132 of this title;
(7) section 12139(b) of this title;
(8) sections 351, 352, 355, and 356 of the Ship Radio
Act (47 U.S.C. 351, 352, 354, and 354a);
(9) section 403 of the Commercial Fishing Industry
Vessel Act (46 U.S.C. 3302 note);
(10) the Officers' Competency Certificates
Convention, 1936, and [sections 8303 and 8304] section
8304 of this title;
(11) the International Convention for the Safety of
Life at Sea as provided by IMCO Resolution A.494 (XII)
of November 19, 1981;
(12) the International Convention on Standards of
Training, Certification, and Watchkeeping for
Seafarers, 1978, as provided by IMO Resolution A.540
(XIII) of November 17, 1983;
(13) the International Convention for the Prevention
of Pollution from Ships, 1973, as modified by the
Protocol of 1978 Relating to the International
Convention for the Prevention of Pollution from Ships,
1973, as provided by IMO Resolution A.541 (XIII) of
November 17, 1983;
(14) provisions of law establishing the threshold
tonnage levels at which evidence of financial
responsibility must be demonstrated; or
(15) unless otherwise provided by law, any other law
of the United States in effect before July 19, 1994,
and not listed by the Secretary under section 14302(c)
of this title.
(b) As long as the owner of a vessel has a request in effect
under subsection (a) of this section, the tonnages determined
under that request shall be used in applying the other
provisions of law described in subsection (a) to that vessel.
* * * * * * *
PART K--NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES
* * * * * * *
CHAPTER 151--NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES
* * * * * * *
Sec. 15106. National Offshore Safety Advisory Committee
(a) Establishment.--There is established a National Offshore
Safety Advisory Committee (in this section referred to as the
``Committee'').
(b) Function.--The Committee shall advise the Secretary on
matters relating to activities directly involved with, or in
support of, the exploration of offshore mineral and energy
resources, to the extent that such matters are within the
jurisdiction of the Coast Guard.
(c) Membership.--
(1) In general.--The Committee shall consist of 15
members appointed by the Secretary in accordance with
this section and section 15109 of this chapter.
(2) Expertise.--Each member of the Committee shall
have particular expertise, knowledge, and experience in
matters relating to the function of the Committee.
(3) Representation.--Members of the Committee shall
be appointed as follows:
(A) 2 members shall represent entities
engaged in the production of petroleum.
(B) 2 members shall represent entities
engaged in offshore drilling.
(C) 2 members shall represent entities
engaged in the support, by offshore supply
vessels or other vessels, of offshore [mineral
and oil operations, including geophysical
services] operations.
(D) 1 member shall represent entities engaged
in the construction of offshore [exploration
and recovery] facilities.
(E) 1 member shall represent entities
[engaged in diving services related to offshore
construction, inspection, and maintenance]
providing diving services to the offshore
industry.
(F) 1 member shall represent entities
[engaged in safety and training services
related to offshore exploration and
construction] providing safety and training
services to the offshore industry.
(G) 1 member shall represent entities
[engaged in pipelaying services related to
offshore construction] providing subsea
engineering, construction, or remotely operated
vehicle support to the offshore industry.
(H) 2 members shall represent individuals
employed in offshore operations and, of the 2,
1 shall have recent practical experience on a
vessel or offshore unit involved in the
offshore [mineral and energy] industry.
(I) 1 member shall represent [national
environmental entities] entities providing
environmental protection, compliance, or
response services to the offshore industry.
(J) 1 member shall represent [deepwater
ports] entities engaged in offshore oil
exploration and production on the Outer
Continental Shelf adjacent to Alaska.
(K) 1 member shall represent the general
public (but not a specific environmental
group).
* * * * * * *
Sec. 15109. Administration
(a) Meetings.--Each committee established under this chapter
or to which this chapter applies shall, at least once each
year, meet at the call of the Secretary or a majority of the
members of the committee.
(b) Employee Status.--A member of a committee established
under this chapter or to which this chapter applies shall not
be considered an employee of the Federal Government by reason
of service on such committee, except for the purposes of the
following:
(1) Chapter 81 of title 5.
(2) Chapter 171 of title 28 and any other Federal law
relating to tort liability.
(c) Compensation.--Notwithstanding subsection (b), a member
of a committee established under this chapter or to which this
chapter applies, when actually engaged in the performance of
the duties of such committee, may--
(1) receive compensation at a rate established by the
Secretary, not to exceed the maximum daily rate payable
under section 5376 of title 5; or
(2) if not compensated in accordance with paragraph
(1)--
(A) be reimbursed for actual and reasonable
expenses incurred in the performance of such
duties; or
(B) be allowed travel expenses, including per
diem in lieu of subsistence, as authorized by
section 5703 of title 5.
(d) Acceptance of Volunteer Services.--A member of a
committee established under this chapter or to which this
chapter applies may serve on such committee on a voluntary
basis without pay without regard to section 1342 of title 31 or
any other law.
(e) Status of Members.--
(1) In general.--Except as provided in paragraph (2),
with respect to a member of a committee established
under this chapter or to which this chapter applies
whom the Secretary appoints to represent an entity or
group--
(A) the member is authorized to represent the
interests of the applicable entity or group;
and
(B) requirements under Federal law that would
interfere with such representation and that
apply to a special Government employee (as
defined in section 202(a) of title 18),
including requirements relating to employee
conduct, political activities, ethics,
conflicts of interest, and corruption, do not
apply to the member.
(2) Exception.--Notwithstanding subsection (b), a
member of a committee established under this chapter or
to which this chapter applies shall be treated as a
special Government employee for purposes of the
committee service of the member if--
(A) the Secretary appointed the member to
represent the general public; or
(B) the member, without regard to service on
the committee, is a special Government
employee.
(f) Service on Committee.--
(1) Solicitation of nominations.--Before appointing
an individual as a member of a committee established
under this chapter or to which this chapter applies,
the Secretary shall publish, in the Federal Register, a
timely notice soliciting nominations for membership on
such committee.
(2) Appointments.--
(A) In general.--After considering
nominations received pursuant to a notice
published under paragraph (1), the Secretary
may, as necessary, appoint a member to the
applicable committee established under this
chapter or to which this chapter applies.
(B) Prohibition.--The Secretary shall not
seek, consider, or otherwise use information
concerning the political affiliation of a
nominee in making an appointment to any
committee established under this chapter or to
which this chapter applies.
(3) Service at pleasure of the secretary.--
(A) In general.--Each member of a committee
established under this chapter or to which this
chapter applies shall serve at the pleasure of
the Secretary.
(B) Exception.--Notwithstanding subparagraph
(A), a member of the committee established
under section 15102 may only be removed prior
to the end of the term of that member for just
cause.
(4) Security background examinations.--The Secretary
may require an individual to have passed an appropriate
security background examination before appointment to a
committee established under this chapter or to which
this chapter applies.
(5) Prohibition.--
(A) In general.--Except as provided in
subparagraph (B), a Federal employee may not be
appointed as a member of a committee
established under this chapter or to which this
chapter applies.
(B) Special rule for national merchant marine
personnel advisory committee.--The Secretary
may appoint a Federal employee to serve as a
member of the National Merchant Marine
Personnel Advisory Committee to represent the
interests of the United States Merchant Marine
Academy and, notwithstanding paragraphs (1) and
(2), may do so without soliciting, receiving,
or considering nominations for such
appointment.
(6) Terms.--
(A) In general.--The term of each member of a
committee established under this chapter or to
which this chapter applies shall expire on
December 31 of the third full year after the
effective date of the appointment.
(B) Continued service after term.--When the
term of a member of a committee established
under this chapter or to which this chapter
applies ends, the member, for a period not to
exceed 1 year, may continue to serve as a
member until a successor is appointed.
(7) Vacancies.--A vacancy on a committee established
under this chapter or to which this chapter applies
shall be filled in the same manner as the original
appointment.
(8) Special rule for reappointments.--Notwithstanding
paragraphs (1) and (2), the Secretary may reappoint a
member of a committee established under this chapter or
to which this chapter applies for any term, other than
the first term of the member, without soliciting,
receiving, or considering nominations for such
appointment.
(g) Staff Services.--The Secretary shall furnish to each
committee established under this chapter or to which this
chapter applies any staff and services considered by the
Secretary to be necessary for the conduct of the committee's
functions.
(h) Chairman; Vice Chairman.--
(1) In general.--Each committee established under
this chapter or to which this chapter applies shall
elect a Chairman and Vice Chairman from among the
committee's members.
(2) Vice chairman acting as chairman.--The Vice
Chairman shall act as Chairman in the absence or
incapacity of, or in the event of a vacancy in the
office of, the Chairman.
(i) Subcommittees and Working Groups.--
(1) In general.--The Chairman of a committee
established under this chapter or to which this chapter
applies may establish and disestablish subcommittees
and working groups for any purpose consistent with the
function of the committee.
(2) Participants.--Subject to conditions imposed by
the Chairman, members of a committee established under
this chapter or to which this chapter applies and
[additional persons] additional individuals drawn from
entities or groups designated by this chapter to be
represented on the committee or the general public may
be assigned to subcommittees and working groups
established under paragraph (1).
(3) Chair.--Only committee members may chair
subcommittees and working groups established under
paragraph (1).
(j) Consultation, Advice, Reports, and Recommendations.--
(1) Consultation.--
(A) In general.--Before taking any
significant action, the Secretary shall consult
with, and consider the information, advice, and
recommendations of, a committee established
under this chapter or to which this chapter
applies if the function of the committee is to
advise the Secretary on matters related to the
significant action.
(B) Inclusion.--For purposes of this
paragraph, regulations proposed under chapter
45 of this title are significant actions.
(2) Advice, reports, and recommendations.--Each
committee established under this chapter or to which
this chapter applies shall submit, in writing, to the
Secretary its advice, reports, and recommendations, in
a form and at a frequency determined appropriate by the
committee.
(3) Explanation of actions taken.--Not later than 60
days after the date on which the Secretary receives
recommendations from a committee under paragraph (2),
the Secretary shall--
(A) publish the recommendations on a website
accessible at no charge to the public;
(B) if the recommendations are from the
committee established under section 15102,
establish a mechanism for the submission of
public comments on the recommendations; and
(C) respond, in writing, to the committee
regarding the recommendations, including by
providing an explanation of actions taken
regarding the recommendations.
(4) Submission to congress.--
(A) In general.--The Secretary shall submit
to the Committee on Transportation and
Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate the advice,
reports, and recommendations received from
committees under paragraph (2).
(B) Additional submission.--With respect to a
committee established under section 70112 and
to which this section applies, the Secretary
shall submit the advice, reports, and
recommendations received from the committee
under paragraph (2) to the Committee on
Homeland Security of the House of
Representatives in addition to the committees
specified in subparagraph (A).
(C) Testimony.--The members of a committee
shall be available to testify before
appropriate committees of the Congress with
respect to the advice, reports, and
recommendations submitted under paragraph (2).
(k) Observers.--Any Federal agency with matters under such
agency's administrative jurisdiction related to the function of
a committee established under this chapter or to which this
chapter applies may designate a representative to--
(1) attend any meeting of such committee; and
(2) participate as an observer at meetings of such
committee that relate to such a matter.
(l) Termination.--Each committee established under this
chapter or to which this chapter applies shall terminate on
September 30, 2027.
* * * * * * *
SUBTITLE III--MARITIME LIABILITY
* * * * * * *
Sec. 30506. Limit of liability for personal injury or death
(a) Application.--This section applies only to seagoing
vessels, but does not apply to [pleasure yachts] recreational
vessels, tugs, towboats, towing vessels, tank vessels, fishing
vessels, fish tender vessels, canal boats, scows, car floats,
barges, lighters, or nondescript vessels.
(b) Minimum Liability.--If the amount of the vessel owner's
liability determined under section 30505 of this title is
insufficient to pay all losses in full, and the portion
available to pay claims for personal injury or death is less
than $420 times the tonnage of the vessel, that portion shall
be increased to $420 times the tonnage of the vessel. That
portion may be used only to pay claims for personal injury or
death.
(c) Calculation of Tonnage.--Under subsection (b), the
tonnage of a self-propelled vessel is the gross tonnage without
deduction for engine room, and the tonnage of a sailing vessel
is the tonnage for documentation. However, space for the use of
seamen is excluded.
(d) Claims Arising on Distinct Occasions.--Separate limits of
liability apply to claims for personal injury or death arising
on distinct occasions.
(e) Privity or Knowledge.--In a claim for personal injury or
death, the privity or knowledge of the master or the owner's
superintendent or managing agent, at or before the beginning of
each voyage, is imputed to the owner.
* * * * * * *
Sec. 30508. Provisions requiring notice of claim or limiting time for
bringing action
(a) Application.--This section applies only to seagoing
vessels, but does not apply to [pleasure yachts] recreational
vessels, tugs, towboats, towing vessels, tank vessels, fishing
vessels, fish tender vessels, canal boats, scows, car floats,
barges, lighters, or nondescript vessels.
(b) Minimum Time Limits.--The owner, master, manager, or
agent of a vessel transporting passengers or property between
ports in the United States, or between a port in the United
States and a port in a foreign country, may not limit by
regulation, contract, or otherwise the period for--
(1) giving notice of, or filing a claim for, personal
injury or death to less than 6 months after the date of
the injury or death; or
(2) bringing a civil action for personal injury or
death to less than one year after the date of the
injury or death.
(c) Effect of Failure To Give Notice.--When notice of a claim
for personal injury or death is required by a contract, the
failure to give the notice is not a bar to recovery if--
(1) the court finds that the owner, master, or agent
of the vessel had knowledge of the injury or death and
the owner has not been prejudiced by the failure;
(2) the court finds there was a satisfactory reason
why the notice could not have been given; or
(3) the owner of the vessel fails to object to the
failure to give the notice.
(d) Tolling of Period To Give Notice.--If a claimant is a
minor or mental incompetent, or if a claim is for wrongful
death, any period provided by a contract for giving notice of
the claim is tolled until the earlier of--
(1) the date a legal representative is appointed for
the minor, incompetent, or decedent's estate; or
(2) 3 years after the injury or death.
* * * * * * *
CHAPTER 313--COMMERCIAL INSTRUMENTS AND MARITIME LIENS
* * * * * * *
SUBCHAPTER III--MARITIME LIENS
* * * * * * *
Sec. 31343. Recording and discharging notices of claim of maritime lien
(a) Except as provided under subsection (d) of this section,
a person claiming a lien on a vessel documented, or for which
an application for documentation has been filed, under chapter
121 may record with the Secretary a notice of that person's
lien claim on the vessel. To be recordable, the notice must--
(1) state the nature of the lien;
(2) state the date the lien was established;
(3) state the amount of the lien;
(4) state the name and address of the person; and
(5) be signed and acknowledged.
(b)(1) The Secretary shall record a notice complying with
subsection (a) of this section if, when the notice is presented
to the Secretary for recording, the person having the claim
files with the notice a declaration stating the following:
(A) The information in the notice is true and correct
to the best of the knowledge, information, and belief
of the individual who signed it.
(B) A copy of the notice, as presented for
recordation, has been sent to each of the following:
(i) The owner of the vessel.
(ii) Each person that recorded under
subsection (a) of this section an unexpired
notice of a claim of an undischarged lien on
the vessel.
(iii) The mortgagee of each mortgage filed or
recorded under section 31321 of this title that
is an undischarged mortgage on the vessel.
(2) A declaration under this subsection filed by a person
that is not an individual must be signed by the president,
member, partner, trustee, or other individual authorized to
execute the declaration on behalf of the person.
(c)(1) On full and final discharge of the indebtedness that
is the basis for a notice of claim of lien recorded under
subsection (b) of this section, the person having the claim
shall provide the Secretary with an acknowledged certificate of
discharge of the indebtedness. The Secretary shall record the
certificate.
(2) The district courts of the United States shall have
jurisdiction over a civil action in Admiralty to declare that a
vessel is not subject to a lien claimed under subsection (b) of
this section, or that the vessel is not subject to the notice
of claim of lien, or both, regardless of the amount in
controversy or the citizenship of the parties. Venue in such an
action shall be in the district where the vessel is found or
where the claimant resides or where the notice of claim of lien
is recorded. The court may award costs and attorneys fees to
the prevailing party, unless the court finds that the position
of the other party was substantially justified or other
circumstances make an award of costs and attorneys fees unjust.
The Secretary shall record any such declaratory order.
(d) A person claiming a lien on a vessel covered by a
preferred mortgage under section 31322(d) of this title must
record and discharge the lien as provided by the law of the
State in which the vessel is titled.
(e)(1) A notice of claim of lien recorded under subsection
(b) of this section shall expire 3 years after the date the
lien was established, as such date is stated in the notice
under subsection (a) of this section.
(2) On expiration of a notice of claim of lien under
paragraph (1), the Secretary shall remove such expired notice.
(f) This section does not alter in any respect the law
pertaining to the establishment of a maritime lien, the remedy
provided by such a lien, or the defenses thereto, including any
defense under the doctrine of laches.
* * * * * * *
SUBTITLE V--MERCHANT MARINE
* * * * * * *
PART A--GENERAL
* * * * * * *
CHAPTER 503--ADMINISTRATIVE
* * * * * * *
Sec. 50307. Maritime environmental and technical assistance program
(a) In General.--The Secretary of Transportation may engage
in the environmental study, research, development, assessment,
and deployment of emerging marine technologies and practices
related to the [marine transportation] maritime transportation
system through the use of public vessels under the control of
the Maritime Administration or private vessels under United
States registry, and through partnerships and cooperative
efforts with academic, public, private, and nongovernmental
entities and facilities.
(b) Components.--Under this section, the Secretary of
Transportation may--
(1) identify, study, evaluate, test, demonstrate, or
improve emerging marine technologies and practices that
are likely to achieve environmental improvements by--
(A) reducing air emissions, water emissions,
or other ship discharges;
(B) increasing fuel economy or the use of
alternative fuels and alternative energy
(including the use of shore power); or
(C) controlling aquatic invasive species; and
(2) coordinate with the Environmental Protection
Agency, the Coast Guard, and other Federal, State,
local, or tribal agencies, as appropriate.
(c) Coordination.--Coordination under subsection (b)(2) may
include--
(1) activities that are associated with the
development or approval of validation and testing
regimes; and
(2) certification or validation of emerging
technologies or practices that demonstrate significant
environmental benefits.
(d) Assistance.--The Secretary of Transportation may accept
gifts, or enter into cooperative agreements, contracts, or
other agreements with academic, public, private, and
nongovernmental entities and facilities to carry out the
activities authorized under subsection (a).
* * * * * * *
PART B--MERCHANT MARINE SERVICE
* * * * * * *
CHAPTER 517--OTHER SUPPORT FOR MERCHANT MARINE TRAINING
* * * * * * *
Sec. 51705. Training for use of force against piracy
The Secretary of Transportation, in consultation with the
Secretary of Defense and the Secretary of the department in
which the Coast Guard is operating, shall certify a training
curriculum for United States mariners on the use of force
against pirates. The curriculum shall include--
(1) information on waters designated as high-risk
waters by the Commandant of the Coast Guard;
(2) information on current threats and patterns of
attack by pirates;
(3) tactics for defense of a vessel, including
instruction on the types, use, and limitations of
security equipment;
(4) standard rules for the use of force for self-
defense as developed by the Secretary of the department
in which the Coast Guard is operating under section
912(c) of the Coast Guard Authorization Act of 2010
(Public Law 111-281; [46 U.S.C. 8107 note] 46 U.S.C.
8108 note), including instruction on firearm safety for
crewmembers of vessels carrying cargo under section
55305 of this title; and
(5) procedures to follow to improve crewmember
survivability if captured and taken hostage by pirates.
* * * * * * *
PART C--FINANCIAL ASSISTANCE PROGRAMS
* * * * * * *
CHAPTER 541--MISCELLANEOUS
* * * * * * *
Sec. 54101. Assistance for small shipyards
(a) Establishment of Program.--Subject to the availability of
appropriations, the Administrator of the Maritime
Administration shall execute agreements with shipyards to
provide assistance--
(1) in the form of grants, loans, and loan guarantees
to small shipyards for capital improvements; and
(2) for maritime training programs to foster
technical skills and operational productivity relating
to shipbuilding, ship repair, and associated
industries.
(b) Awards.--
(1) In general.--In providing assistance under the
program, the Administrator shall consider projects that
foster--
(A) efficiency, competitive operations, and
quality ship construction, repair, and
reconfiguration; and
(B) employee skills and enhanced productivity
related to shipbuilding, ship repair, and
associated industries.
(2) Timing of grant notice.--The Administrator shall
post a Notice of Funding Opportunity regarding grants
awarded under this section not more than 15 days after
the date of enactment of the appropriations Act for the
fiscal year concerned.
(3) Timing of grants.--The Administrator shall award
grants under this section not later than 120 days after
the date of the enactment of the appropriations Act for
the fiscal year concerned.
(4) Reuse of unexpended grant funds.--Notwithstanding
paragraph (3), amounts awarded as a grant under this
section that are not expended by the grantee shall
remain available to the Administrator for use for
grants under this section.
(c) Use of Funds.--
(1) In general.--Assistance provided under this
section may be used to--
(A) make capital and related improvements in
small shipyards; and
(B) provide training for workers in
shipbuilding, ship repair, and associated
industries.
(2) Administrative costs.--Not more than 2 percent of
amounts made available to carry out the program may be
used for the necessary costs of grant administration.
(d) Prohibited Uses.--[Grants awarded]
(1) In general._Grants awarded under this section
may not be used to construct buildings or other
physical facilities or to acquire land.
(2) Buy america.--
(A) In general.--Subject to subparagraph (B),
no funds may be obligated by the Administrator
of the Maritime Administration under this
section, unless each product and material
purchased with those funds (including products
and materials purchased by a grantee), and
including any commercially available off-the-
shelf item, is--
(i) an unmanufactured article,
material, or supply that has been mined
or produced in the United States; or
(ii) a manufactured article,
material, or supply that has been
manufactured in the United States
substantially all from articles,
materials, or supplies mined, produced,
or manufactured in the United States.
(B) Exceptions.--
(i) In general.--Notwithstanding
subparagraph (A), the requirements of
that subparagraph shall not apply with
respect to a particular product or
material if such Administrator
determines--
(I) that the application of
those requirements would be
inconsistent with the public
interest;
(II) that such product or
material is not available in
the United States in sufficient
and reasonably available
quantities, of a satisfactory
quality, or on a timely basis;
or
(III) that inclusion of a
domestic product or material
will increase the cost of that
product or material by more
than 25 percent, with respect
to a certain contract between a
grantee and that grantee's
supplier.
(ii) Federal register.--A
determination made by such
Administrator under this subparagraph
shall be published in the Federal
Register.
(C) Definitions.--In this paragraph:
(i) Commercially available off-the-
shelf item.--The term ``commercially
available off-the-shelf item'' means--
(I) any item of supply
(including construction
material) that is--
(aa) a commercial
item, as defined by
section 2.101 of title
48, Code of Federal
Regulations; and
(bb) sold in
substantial quantities
in the commercial
marketplace; and
(II) does not include bulk
cargo, as that term is defined
in section 40102(4) of this
title, such as agricultural
products and petroleum
products.
(ii) Product or material.--The term
``product or material'' means an
article, material, or supply brought to
the site by the recipient for
incorporation into the building, work,
or project. The term also includes an
item brought to the site preassembled
from articles, materials, or supplies.
However, emergency life safety systems,
such as emergency lighting, fire alarm,
and audio evacuation systems, that are
discrete systems incorporated into a
public building or work and that are
produced as complete systems, are
evaluated as a single and distinct
construction material regardless of
when or how the individual parts or
components of those systems are
delivered to the construction site.
(iii) United states.--The term
``United States'' includes the District
of Columbia, the Commonwealth of Puerto
Rico, the Northern Mariana Islands,
Guam, American Samoa, and the Virgin
Islands.
(e) Matching Requirements; Allocation.--
(1) Federal funding.--Federal funds for any eligible
project under this section shall not exceed 75 percent
of the total cost of such project.
(2) Allocation of funds.--The Administrator may not
award more than 25 percent of the funds appropriated to
carry out this section for any fiscal year to any small
shipyard in one geographic location that has more than
600 employees.
(f) Applications.--
(1) In general.--To be eligible for assistance under
this section, an applicant shall submit an application,
in such form, and containing such information and
assurances as the Administrator may require, within 60
days after the date of enactment of the appropriations
Act for the fiscal year concerned.
(2) Minimum standards for payment or reimbursement.--
Each application submitted under paragraph (1) shall
include a comprehensive description of--
(A) the need for the project;
(B) the methodology for implementing the
project; and
(C) any existing programs or arrangements
that can be used to supplement or leverage
assistance under the program.
(3) Procedural safeguards.--The Administrator, in
consultation with the Office of the Inspector General,
shall issue guidelines to establish appropriate
accounting, reporting, and review procedures to ensure
that--
(A) grant funds are used for the purposes for
which they were made available;
(B) grantees have properly accounted for all
expenditures of grant funds; and
(C) grant funds not used for such purposes
and amounts not obligated or expended are
returned.
(4) Project approval required.--The Administrator may
not award a grant under this section unless the
Administrator determines that--
(A) sufficient funding is available to meet
the matching requirements of subsection (e);
(B) the project will be completed without
unreasonable delay; and
(C) the recipient has authority to carry out
the proposed project.
(g) Audits and Examinations.--All grantees under this section
shall maintain such records as the Administrator may require
and make such records available for review and audit by the
Administrator.
(h) Small Shipyard Defined.--In this section, the term
``small shipyard'' means a shipyard facility in one geographic
location that does not have more than 1,200 employees.
(i) Authorization of Appropriations.--There are authorized to
be appropriated to the Administrator of the Maritime
Administration for each of fiscal years 2018, 2019, and 2020 to
carry out this section $35,000,000.
Sec. 54102. Centers of excellence for domestic maritime workforce
training and education
(a) Designation.--The Secretary of Transportation may
designate as a center of excellence for domestic maritime
workforce training and education a covered training entity
located in a State that borders on the--
(1) Gulf of Mexico;
(2) Atlantic Ocean;
(3) Long Island Sound;
(4) Pacific Ocean;
(5) Great Lakes;
(6) Mississippi River System;
(7) Arctic; or
(8) Gulf of Alaska.
(b) Assistance.--The Secretary may enter into a cooperative
agreement (as that term is used in section 6305 of title 31)
with a center of excellence designated under subsection (a) or
subsection (d) to support maritime workforce training and
education at the center of excellence, including efforts of the
center of excellence to--
(1) admit additional students;
(2) recruit and train faculty;
(3) expand facilities;
(4) create new maritime career pathways; or
(5) award students credit for prior experience,
including military service.
(c) Definitions.--In this section,
(1) Covered training entity.--the term ``covered
training entity'' means an entity that is--
(A) a community or technical college; or
(B) a maritime training center--
(i) operated by, or under the
supervision of, a State; and
(ii) with a maritime training program
in operation on the date of enactment
of this section.
(2) Arctic.--The term ``Arctic'' has the meaning that
term has under section 112 of the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4111).
(d) State Maritime Academy.--The Secretary of Transportation
shall designate each State maritime academy, as defined in
section 51102(4) of this title, as a center of excellence under
this section.
* * * * * * *
PART D--PROMOTIONAL PROGRAMS
* * * * * * *
CHAPTER 551--COASTWISE TRADE
Sec.
55101. Application of coastwise laws.
* * * * * * *
55123. Installation vessels.
* * * * * * *
Sec. 55123. Installation vessels
(a) Initial Determination of Coastwise Qualified Vessel.--No
later than 180 days after the date of the enactment of this
section, the Secretary of Transportation shall determine
whether an installation vessel exists for which a coastwise
endorsement has been issued under section 12112.
(b) Application.--If the Secretary of Transportation
determines under subsection (a) that no such coastwise
qualified vessel exists, then, after the date on which such
determination is made, lifting operations between a vessel for
which a coastwise endorsement has been issued under section
12112 and an installation vessel for which no such endorsement
has been issued is not transportation of merchandise for the
purposes of section 55102.
(c) Requests for Determinations of Coastwise Qualified
Vessels.--
(1) In general.--After the date on which the
determination is made under subsection (a), an
installation vessel for which a coastwise endorsement
has been issued under section 12112, the owner or
operator of such installation vessel may seek a new
determination from the Secretary of Transportation that
an installation vessel for which a coastwise
endorsement has been issued under section 12112 exists.
(2) Application to non-qualified vessels.--If the
Secretary of Transportation makes a determination under
paragraph (1) that a coastwise qualified vessel exists,
then--
(A) the owner or operator of an installation
vessel for which no coastwise endorsement has
been issued under section 12112 shall seek a
determination of the availability of a
coastwise qualified vessel under paragraph (3)
before using such non-coastwise qualified
vessel for the transportation of a platform
jacket; and
(B) after the date on which such
determination is made, the owner or operator of
an installation vessel for which no coastwise
endorsement has been issued under section 12112
shall not use such non-coastwise qualified
vessel for the transportation of a platform
jacket unless the Secretary of Transportation
determines a coastwise qualified is not
available under paragraph (4).
(3) Criteria for determination of availability.--The
Secretary of Transportation shall determine a coastwise
qualified vessel is not available if--
(A) the owner or operator of a non-coastwise
qualified vessel submits to the Secretary of
Transportation an application for the use of a
non-coastwise qualified installation vessel for
transportation of a platform jacket under this
section that includes all relevant information,
including engineering details and timing
requirements, and such application is submitted
not less than 1 year before the date such
vessel is required for such use;
(B) the Secretary provides the application
made under subparagraph (A) to the owner of
each coastwise qualified vessel listed as an
installation vessel in the inventory under
section 12138(c) and promptly publishes in the
Federal Register a notice--
(i) describing the project and the
platform jacket involved;
(ii) advising that all relevant
information reasonably needed to assess
the transportation and installation
requirements for the platform jacket
will be made available to an interested
person on request; and
(iii) requesting that information on
the availability of coastwise qualified
vessels be submitted within a 45-day
period beginning on the date of such
publication; and
(C)(i) within such 45-day period no
information is submitted to the Secretary from
owners or operators of coastwise qualified
installation vessels to meet the requirements
of the application required under paragraph
(A); or
(ii) the owner or operator of a coastwise
qualified installation vessel submits
information to the Secretary asserting that the
owner or operator has a suitable coastwise
qualified installation vessel available to meet
the requirements of the application required
under paragraph (A), but the Secretary
determines, within 90 days after the notice is
first published, that the coastwise qualified
installation vessel is not suitable or
reasonably available for the transportation.
(d) Definitions.--In this section:
(1) Installation vessel.--The term ``installation
vessel'' means a vessel using a crane suitable for
offshore use that--
(A) is used to install platform jackets;
(B) has a slewing or luffing capability;
(C) has a lifting capacity of at least 1,000
metric tons; and
(D) conducts lifting operations to construct
or remove offshore facilities or subsea
infrastructure or to install and uninstall
component parts or materials from offshore
facilities or subsea infrastructure.
(2) Lifting operations.--The term ``lifting
operations'' means the lifting of platform jackets by
crane from the time that the lifting activity begins
when unlading from a vessel or removing offshore
facilities or subsea infrastructure until the time that
the lifting activities are terminated for a particular
unlading, installation, or removal of offshore
facilities or subsea infrastructure.
(3) Platform jacket.--The term ``platform jacket''
has the meaning given such term in section 55108(a).
* * * * * * *
CHAPTER 555--MISCELLANEOUS
Sec.
55501. United States Committee on the Marine Transportation System.
55502. National Maritime Transportation System Advisory Committee.
Sec. 55501. United States Committee on the Marine Transportation System
(a) Establishment.--There is established a United States
Committee on the Marine Transportation System (in this section
referred to as the ``Committee'').
(b) Purpose.--The Committee shall serve as a Federal
interagency coordinating committee for the purpose of--
(1) assessing the adequacy of the marine
transportation system (including ports, waterways,
channels, and their intermodal connections);
(2) promoting the integration of the marine
transportation system with other modes of
transportation and other uses of the marine
environment; and
(3) coordinating, improving the coordination of, and
making recommendations with regard to Federal policies
that impact the marine transportation system.
(c) Membership.--
(1) In general.--The Committee shall consist of--
(A) the Secretary of Transportation;
(B) the Secretary of Defense;
(C) the Secretary of Homeland Security;
(D) the Secretary of Commerce;
(E) the Secretary of the Treasury;
(F) the Secretary of State;
(G) the Secretary of the Interior;
(H) the Secretary of Agriculture;
(I) the Attorney General;
(J) the Secretary of Labor;
(K) the Secretary of Energy;
(L) the Administrator of the Environmental
Protection Agency;
(M) the Chairman of the Federal Maritime
Commission;
(N) the Chairman of the Joint Chiefs of
Staff; and
(O) the head of any other Federal agency who
a majority of the voting members of the
Committee determines can further the purpose
and activities of the Committee.
(2) Nonvoting members.--The Committee may include as
many nonvoting members as a majority of the voting
members of the Committee determines is appropriate to
further the purpose and activities of the Committee.
(d) Support.--
(1) Coordinating board.--
(A) In general.--There is hereby established,
within the Committee, a Coordinating Board.
Each member of the Committee may select a
senior level representative to serve on such
Board. The Board shall assist the Committee in
carrying out its purpose and activities.
(B) Chair.--There shall be a Chair of the
Coordinating Board. The Chair of the
Coordinating Board shall rotate each year among
the Secretary of Transportation, the Secretary
of Defense, the Secretary of Homeland Security,
and the Secretary of Commerce. The order of
rotation shall be determined by a majority of
the voting members of the Committee.
(2) Executive director.--The Secretary of
Transportation, in consultation with the Secretary of
Defense, the Secretary of Homeland Security, and the
Secretary of Commerce, shall appoint an Executive
Director of the Committee.
(3) Transfers.--Notwithstanding any other provision
of law, the head of a Federal department or agency who
is a member of the Committee may--
(A) provide, on a reimbursable or
nonreimbursable basis, facilities, equipment,
services, personnel, and other support services
to carry out the activities of the Committee;
and
(B) transfer funds to another Federal
department or agency in order to carry out the
activities of the Committee.
(e) Marine Transportation System Assessment and Strategy.--
Not later than one year after the date of enactment of this Act
and every 5 years thereafter, the Committee shall provide to
the Committee on Commerce, Science, and Transportation and the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes--
(1) steps taken to implement actions recommended in
the document titled ``National Strategy for the Marine
Transportation System: A Framework for Action'' and
dated July 2008;
(2) [an assessment of the condition] a conditions and
performance analysis of the marine transportation
system;
(3) a discussion of the challenges the marine
transportation system faces in meeting user demand,
including estimates of investment levels required to
ensure system infrastructure meets such demand;
(4) a plan, with recommended actions, for improving
the marine transportation system to meet current and
future challenges[; and];
(5) steps taken to implement actions recommended in
previous reports required under this subsection[.]; and
(6) a compendium of the Federal programs engaged in
the maritime transportation system.
(f) Consultation.--In carrying out its purpose and
activities, the Committee may consult with marine
transportation system-related advisory committees, interested
parties, and the public.
Sec. 55502. National Maritime Transportation System Advisory Committee
(a) Establishment.--There is established a National Maritime
Transportation System Advisory Committee (in this section
referred to as the ``Committee'').
(b) Function.--The Committee shall advise the Secretary of
Transportation on matters relating to the United States
maritime transportation system and its seamless integration
with other segments of the transportation system, including the
viability of the United States Merchant Marine.
(c) Membership.--
(1) In general.--The Committee shall consist of 25
members appointed by the Secretary of Transportation in
accordance with this section and section 15109.
(2) Expertise.--Each member of the Committee shall
have particular expertise, knowledge, and experience in
matters relating to the function of the Committee.
(3) Representation.--Members of the Committee shall
be appointed as follows:
(A) At least 1 member shall represent the
Environmental Protection Agency.
(B) At least 1 member shall represent the
Department of Commerce.
(C) At least 1 member shall represent the
Army Corps of Engineers.
(D) At least 1 member shall represent the
Coast Guard.
(E) At least 1 member shall represent Customs
and Border Protection.
(F) At least 1 member shall represent State
and local governmental entities.
(G) Additional members shall represent
private sector entities that reflect a cross-
section of maritime industries, including port
and water stakeholders, academia, and labor.
(H) The Secretary may appoint additional
representatives from other Federal agencies as
the Secretary considers appropriate.
(4) Administration.--For purposes of section 15109--
(A) the Committee shall be treated as a
committee established under chapter 151; and
(B) the Secretary of Transportation shall
fulfill all duties and responsibilities and
have all authorities of the Secretary of
Homeland Security with regard to the Committee.
* * * * * * *
CHAPTER 556--SHORT SEA TRANSPORTATION
Sec.
55601. Short sea transportation program.
* * * * * * *
[55603. Interagency coordination.]
* * * * * * *
[Sec. 55603. Interagency coordination
[The Secretary of Transportation shall establish a board to
identify and seek solutions to impediments hindering effective
use of short sea transportation. The board shall include
representatives of the Environmental Protection Agency and
other Federal, State, and local governmental entities and
private sector entities.]
* * * * * * *
SUBTITLE VI--CLEARANCE, TONNAGE TAXES, AND DUTIES
* * * * * * *
CHAPTER 605--DISCRIMINATING DUTIES AND RECIPROCAL PRIVILEGES
* * * * * * *
Sec. 60504. Reciprocal privileges for recreational vessels
When the President is satisfied that [yachts] recreational
vessels owned by residents of the United States and used only
for pleasure are allowed to arrive at, depart from, and cruise
in the waters of a foreign port without entering, clearing, or
paying any duties or fees (including cruising license fees),
the Secretary of Homeland Security may allow [yachts]
recreational vessels from that foreign port used only for
pleasure to arrive at and depart from the ports of the United
States and to cruise in the waters of the United States without
paying any duties or fees. However, the Secretary may require
foreign [yachts] recreational vessels to obtain a license to
cruise in the waters of the United States. The license shall be
in the form prescribed by the Secretary and contain limitations
about length of time, direction, place of cruising and action,
and other matters the Secretary considers appropriate. The
license shall be issued without cost to the [yacht]
recreational vessel.
* * * * * * *
SUBTITLE VII--SECURITY AND DRUG ENFORCEMENT
* * * * * * *
CHAPTER 700--PORTS AND WATERWAYS SAFETY
Sec.
[SUBCHAPTER SUBCHAPTER A --VESSEL OPERATIONS ]
SUBCHAPTER I--VESSEL OPERATIONS
* * * * * * *
70006. Safety of special activities.
70007. Establishment by the Secretary of Homeland Security of anchorage
grounds and regulations generally.
* * * * * * *
[SUBCHAPTER SUBCHAPTER B --PORTS AND WATERWAYS SAFETY ]
SUBCHAPTER II--PORTS AND WATERWAYS SAFETY
* * * * * * *
70014. Aiming a laser pointer at a vessel.
[SUBCHAPTER SUBCHAPTER C --CONDITION FOR ENTRY INTO PORTS IN THE
UNITED STATES ]
SUBCHAPTER III--CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES
* * * * * * *
70021. Conditions for Entry Into Ports in the United States.
[SUBCHAPTER SUBCHAPTER D --DEFINITIONS, REGULATIONS, ENFORCEMENT,
INVESTIGATORY POWERS, APPLICABILITY ]
SUBCHAPTER IV--DEFINITIONS REGULATIONS, ENFORCEMENT, INVESTIGATORY
POWERS, APPLICABILITY
* * * * * * *
[SUBCHAPTER SUBCHAPTER E --REGATTAS AND MARINE PARADES ]
SUBCHAPTER V--REGATTAS AND MARINE PARADES
* * * * * * *
[SUBCHAPTER SUBCHAPTER F --REGULATION OF VESSELS IN TERRITORIAL WATERS
OF UNITED STATES ]
SUBCHAPTER VI--REGULATION OF VESSELS IN TERRITORIAL WATERS OF THE UNITED
STATES
* * * * * * *
SUBCHAPTER I--VESSEL OPERATIONS
* * * * * * *
Sec. 70003. Port access routes
(a) Authority To Designate.--Except as provided in subsection
(b) and subject to the requirements of subsection (c), in order
to provide safe access routes for the movement of vessel
traffic proceeding to or from ports or places subject to the
jurisdiction of the United States, the Secretary shall
designate necessary fairways and traffic separation schemes for
vessels operating in the territorial sea of the United States
and in high seas approaches, outside the territorial sea, to
such ports or places. Such a designation shall recognize,
within the designated area, the paramount right of navigation
over all other uses.
(b) Limitation.--
(1) In general.--No designation may be made by the
Secretary under this section if--
(A) the Secretary determines such a
designation, as implemented, would deprive any
person of the effective exercise of a right
granted by a lease or permit executed or issued
under other applicable provisions of law; and
(B) such right has become vested before the
time of publication of the notice required by
paragraph (1) of subsection (c).
(2) Consultation required.--The Secretary shall make
the determination under paragraph (1)(A) after
consultation with the head of the agency responsible
for executing the lease or issuing the permit.
(c) Consideration of Other Uses.--Before making a designation
under subsection (a), and in accordance with the requirements
of section 70004, the Secretary shall--
(1) undertake a study of the potential traffic
density and the need for safe access routes for vessels
in any area for which fairways or traffic separation
schemes are proposed or that may otherwise be
considered and publish notice of such undertaking in
the Federal Register;
(2) in consultation with the Secretary of State, the
Secretary of the Interior, the Secretary of Commerce,
the Secretary of the Army, and the Governors of
affected States, as their responsibilities may require,
take into account all other uses of the area under
consideration, including, as appropriate, the
exploration for, or exploitation of, oil, gas, or other
mineral resources, the construction or operation of
deepwater ports or other structures on or above the
seabed or subsoil of the submerged lands or the Outer
Continental Shelf of the United States, the
establishment or operation of marine or estuarine
sanctuaries, and activities involving recreational or
commercial fishing; and
(3) to the extent practicable, reconcile the need for
safe access routes with the needs of all other
reasonable uses of the area involved.
(d) Study.--In carrying out the Secretary's responsibilities
under subsection (c), the Secretary shall--
(1) proceed expeditiously to complete any study
undertaken; and
(2) after completion of such a study, promptly--
(A) issue a notice of proposed rulemaking for
the designation contemplated; or
(B) publish in the Federal Register a notice
that no designation is contemplated as a result
of the study and the reason for such
determination.
(e) Implementation of Designation.--In connection with a
designation made under this section, the Secretary--
(1) shall issue reasonable rules and regulations
governing the use of such designated areas, including
rules and regulations regarding the applicability of
rules 9 and 10 of the International Regulations for
Preventing Collisions at Sea, 1972, relating to narrow
channels and traffic separation schemes, respectively,
in waters where such regulations apply;
(2) to the extent that the Secretary finds reasonable
and necessary to effectuate the purposes of the
designation, make the use of designated fairways and
traffic separation schemes mandatory for specific types
and sizes of vessels, foreign and domestic, operating
in the territorial sea of the United States and for
specific types and sizes of vessels of the United
States operating on the high seas beyond the
territorial sea of the United States;
(3) may, from time to time, as necessary, adjust the
location or limits of designated fairways or traffic
separation schemes in order to accommodate the needs of
other uses that cannot be reasonably accommodated
otherwise, except that such an adjustment may not, in
the judgment of the Secretary, unacceptably adversely
affect the purpose for which the existing designation
was made and the need for which [continues; and]
continues;
(4) shall, through appropriate channels--
(A) notify cognizant international
organizations of any designation, or adjustment
thereof; and
(B) take action to seek the cooperation of
foreign States in making it mandatory for
vessels under their control to use, to the same
extent as required by the Secretary for vessels
of the United States, any fairway or traffic
separation scheme designated under this section
in any area of the high seas[.]; and
(5) shall, unless otherwise authorized by the
Secretary, and notwithstanding any other provision of
this chapter, require--
(A) a 2-nautical-mile buffer between the
parallel outer or seaward boundary of a traffic
lane and any offshore structure affixed to the
submerged land of the Outer Continental Shelf;
and
(B) a 5-nautical-mile buffer between the
entry or exit of any traffic separation scheme
and any offshore structure.
* * * * * * *
Sec. 70006. Safety of special activities
(a) In General.--The Secretary may establish a safety zone to
address special activities in the exclusive economic zone.
(b) Definitions.--In this section:
(1) The term ``safety zone'' has the meaning provided
in section 165.20 of title 33, Code of Federal
Regulations.
(2) The term ``special activities'' includes--
(A) space activities, including launch and
reentry, as those terms are defined in section
50902 of title 51, carried out by United States
citizens; and
(B) offshore energy development activities,
as described in section 8(p)(1)(C) of the Outer
Continental Shelf Lands Act (43 U.S.C.
1337(p)(1)(C)), on or near a fixed platform.
(3) The term ``United States citizen'' has the
meaning given the term ``eligible owners'' in section
12103.
(4) The term ``fixed platform'' means an artificial
island, installation, or structure permanently attached
to the sea-bed for the purpose of exploration or
exploitation of resources or for other economic
purposes.
Sec. 70007. Establishment by Secretary of Homeland Security of
anchorage grounds and regulations generally
(a) In General.--The Secretary of Homeland Security is
authorized, empowered, and directed to define and establish
anchorage grounds for vessels in all harbors, rivers, bays, and
other navigable waters of the United States whenever it is
manifest to the said Secretary that the maritime or commercial
interests of the United States require such anchorage grounds
for safe navigation and the establishment of such anchorage
grounds shall have been recommended by the Chief of Engineers,
and to adopt suitable rules and regulations in relation
thereto; and such rules and regulations shall be enforced by
the Revenue-Cutter Service under the direction of the Secretary
of the Treasury: Provided, That at ports or places where there
is no revenue cutter available such rules and regulations may
be enforced by the Chief of Engineers under the direction of
the Secretary of Homeland Security. In the event of the
violation of any such rules and regulations by the owner,
master, or person in charge of any vessel, such owner, master,
or person in charge of such vessel shall be liable to a penalty
of up to $10,000. Each day during which a violation continues
shall constitute a separate violation. The said vessel may be
holden for the payment of such penalty, and may be seized and
proceeded against summarily by libel for the recovery of the
same in any United States district court for the district
within which such vessel may be and in the name of the officer
designated by the Secretary of Homeland Security.
(b) Definition.--As used in this section ``navigable waters
of the United States'' includes all waters of the territorial
sea of the United States as described in Presidential
Proclamation No. 5928 of December 27, 1988.
SUBCHAPTER II--PORTS AND WATERWAYS SAFETY
* * * * * * *
Sec. 70014. Aiming a laser pointer at a vessel
(a) Prohibition.--It shall be unlawful to cause the beam of a
laser pointer to strike a vessel operating on the navigable
waters of the United States.
(b) Exceptions.--This section shall not apply to a member or
element of the Department of Defense or Department of Homeland
Security acting in an official capacity for the purpose of
research, development, operations, testing, or training.
(c) Laser Pointer Defined.--In this section the term ``laser
pointer'' means any device designed or used to amplify
electromagnetic radiation by stimulated emission that emits a
beam designed to be used by the operator as a pointer or
highlighter to indicate, mark, or identify a specific position,
place, item, or object.
* * * * * * *
SUBCHAPTER IV--DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY
POWERS, APPLICABILITY
Sec. 70031. Definitions
As used in subchapters [A through C] I through III and this
subchapter, unless the context otherwise requires:
(1) The term ``marine environment'' means--
(A) the navigable waters of the United States
and the land and resources therein and
thereunder;
(B) the waters and fishery resources of any
area over which the United States asserts
exclusive fishery management authority;
(C) the seabed and subsoil of the Outer
Continental Shelf of the United States, the
resources thereof, and the waters superjacent
thereto; and
(D) the recreational, economic, and scenic
values of such waters and resources.
(2) The term ``Secretary'' means the Secretary of the
department in which the Coast Guard is operating,
except that such term means the Secretary of
Transportation with respect to the application of this
chapter to the Saint Lawrence Seaway.
(3) The term ``navigable waters of the United
States'' includes all waters of the territorial sea of
the United States as described in Presidential
Proclamation No. 5928 of December 27, 1988.
Sec. 70032. Saint Lawrence Seaway
The authority granted to the Secretary under sections 70001,
70002, 70003, 70004, and 70011 may not be delegated with
respect to the Saint Lawrence Seaway to any agency other than
the Saint Lawrence Seaway Development Corporation. Any other
authority granted the Secretary under subchapters [A through C]
I through III and this subchapter shall be delegated by the
Secretary to the Saint Lawrence Seaway Development Corporation
to the extent the Secretary determines such delegation is
necessary for the proper operation of the Saint Lawrence
Seaway.
Sec. 70033. Limitation on application to foreign vessels
Except pursuant to international treaty, convention, or
agreement, to which the United States is a party, subchapters
[A through C] I through III and this subchapter shall not
apply to any foreign vessel that is not destined for, or
departing from, a port or place subject to the jurisdiction of
the United States and that is in--
---------------------------------------------------------------------------
So in original. Probably should be ``subchapters I through III''.
---------------------------------------------------------------------------
(1) innocent passage through the territorial sea of
the United States; or
(2) transit through the navigable waters of the
United States that form a part of an international
strait.
Sec. 70034. Regulations
(a) In General.--In accordance with section 553 of title 5,
the Secretary shall issue, and may from time to time amend or
repeal, regulations necessary to implement subchapters [A
through C] I through III and this subchapter.
(b) Consultation.--In the exercise of the regulatory
authority under subchapters [A through C] I through III and
this subchapter, the Secretary shall consult with, and receive
and consider the views of all interested persons, including--
(1) interested Federal departments and agencies;
(2) officials of State and local governments;
(3) representatives of the maritime community;
(4) representatives of port and harbor authorities or
associations;
(5) representatives of environmental groups;
(6) any other interested persons who are
knowledgeable or experienced in dealing with problems
involving vessel safety, port and waterways safety, and
protection of the marine environment; and
(7) advisory committees consisting of all interested
segments of the public when the establishment of such
committees is considered necessary because the issues
involved are highly complex or controversial.
Sec. 70035. Investigatory powers
(a) Secretary.--The Secretary may investigate any incident,
accident, or act involving the loss or destruction of, or
damage to, any structure subject to subchapters [A through C]
I through III and this subchapter, or that affects or may
affect the safety or environmental quality of the ports,
harbors, or navigable waters of the United States.
(b) Powers.--In an investigation under this section, the
Secretary may issue subpoenas to require the attendance of
witnesses and the production of documents or other evidence
relating to such incident, accident, or act. If any person
refuses to obey a subpoena, the Secretary may request the
Attorney General to invoke the aid of the appropriate district
court of the United States to compel compliance with the
subpoena. Any district court of the United States may, in the
case of refusal to obey a subpoena, issue an order requiring
compliance with the subpoena, and failure to obey the order may
be punished by the court as contempt. Witnesses may be paid
fees for travel and attendance at rates not exceeding those
allowed in a district court of the United States.
Sec. 70036. Enforcement
(a) Civil Penalty.--
(1) In general.--Any person who is found by the
Secretary, after notice and an opportunity for a
hearing, to have violated subchapters [A through C] I
thorugh III or this subchapter or a regulation issued
under subchapters [A through C] I through III or this
subchapter shall be liable to the United States for a
civil penalty, not to exceed $25,000 for each
violation. Each day of a continuing violation shall
constitute a separate violation. The amount of such
civil penalty shall be assessed by the Secretary, or
the Secretary's designee, by written notice. In
determining the amount of such penalty, the Secretary
shall take into account the nature, circumstances,
extent, and gravity of the prohibited acts committed
and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to
pay, and such other matters as justice may require.
(2) Compromise, modification, or remission.--The
Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty that is subject
to imposition or that has been imposed under this
section.
(3) Failure to pay penalty.--If any person fails to
pay an assessment of a civil penalty after it has
become final, the Secretary may refer the matter to the
Attorney General of the United States, for collection
in any appropriate district court of the United States.
(b) Criminal Penalty.--
(1) Class d felony.--Any person who willfully and
knowingly violates subchapters [A through C] I through
III or this subchapter or any regulation issued
thereunder commits a class D felony.
(2) Class c felony.--Any person who, in the willful
and knowing violation of subchapters [A through C] I
through III or this subchapter or of any regulation
issued thereunder, uses a dangerous weapon, or engages
in conduct that causes bodily injury or fear of
imminent bodily injury to any officer authorized to
enforce the provisions of such a subchapter or the
regulations issued under such subchapter, commits a
class C felony.
(c) In Rem Liability.--Any vessel that is used in violation
of subchapters [A, B, or C] I, II, or III or this subchapter,
or any regulations issued under such subchapter, shall be
liable in rem for any civil penalty assessed pursuant to
subsection (a) and may be proceeded against in the United
States district court for any district in which such vessel may
be found.
(d) Injunction.--The United States district courts shall have
jurisdiction to restrain violations of subchapter [A, B, or C]
I, II, or III or this subchapter or of regulations issued under
such subchapter, for cause shown.
(e) Denial of Entry.--Except as provided in section 70021,
the Secretary may, subject to recognized principles of
international law, deny entry by any vessel that is not in
compliance with subchapter [A, B, or C] I, II, or III or this
subchapter or the regulations issued under such subchapter--
(1) into the navigable waters of the United States;
or
(2) to any port or place under the jurisdiction of
the United States.
(f) Withholding of Clearance.--
(1) In general.--If any owner, operator, or
individual in charge of a vessel is liable for a
penalty or fine under this section, or if reasonable
cause exists to believe that the owner, operator, or
individual in charge may be subject to a penalty or
fine under this section, the Secretary of the Treasury,
upon the request of the Secretary, shall with respect
to such vessel refuse or revoke any clearance required
by section 60105 of title 46.
(2) Granting clearance refused or revoked.--Clearance
refused or revoked under this subsection may be granted
upon filing of a bond or other surety satisfactory to
the Secretary.
* * * * * * *
CHAPTER 701--PORT SECURITY
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 70103. Maritime transportation security plans
(a) National Maritime Transportation Security Plan.--(1) The
Secretary shall prepare a National Maritime Transportation
Security Plan for deterring and responding to a transportation
security incident.
(2) The National Maritime Transportation Security Plan shall
provide for efficient, coordinated, and effective action to
deter and minimize damage from a transportation security
incident, and shall include the following:
(A) Assignment of duties and responsibilities among
Federal departments and agencies and coordination with
State and local governmental agencies.
(B) Identification of security resources.
(C) Procedures and techniques to be employed in
deterring a national transportation security incident.
(D) Establishment of procedures for the coordination
of activities of--
(i) Coast Guard maritime security teams
established under this chapter; and
(ii) Federal Maritime Security Coordinators
required under this chapter.
(E) A system of surveillance and notice designed to
safeguard against as well as ensure earliest possible
notice of a transportation security incident and
imminent threats of such a security incident to the
appropriate State and Federal agencies.
(F) Establishment of criteria and procedures to
ensure immediate and effective Federal identification
of a transportation security incident, or the
substantial threat of such a security incident.
(G) Designation of--
(i) areas for which Area Maritime
Transportation Security Plans are required to
be prepared under subsection (b); and
(ii) a Coast Guard official who shall be the
Federal Maritime Security Coordinator for each
such area.
(H) A risk-based system for evaluating the potential
for violations of security zones designated by the
Secretary on the waters subject to the jurisdiction of
the United States.
(I) A recognition of certified systems of intermodal
transportation.
(J) A plan for ensuring that the flow of cargo
through United States ports is reestablished as
efficiently and quickly as possible after a
transportation security incident.
(K) A plan to detect, respond to, and recover from
cybersecurity risks that may cause transportation
security incidents.
(3) The Secretary shall, as the Secretary considers
advisable, revise or otherwise amend the National Maritime
Transportation Security Plan.
(4) Actions by Federal agencies to deter and minimize damage
from a transportation security incident shall, to the greatest
extent possible, be in accordance with the National Maritime
Transportation Security Plan.
(5) The Secretary shall inform vessel and facility owners or
operators of the provisions in the National Transportation
Security Plan that the Secretary considers necessary for
security purposes.
(b) Area Maritime Transportation Security Plans.--(1) The
Federal Maritime Security Coordinator designated under
subsection (a)(2)(G) for an area shall--
(A) submit to the Secretary an Area Maritime
Transportation Security Plan for the area; and
(B) solicit advice from the Area Security Advisory
Committee required under this chapter, for the area to
assure preplanning of joint deterrence efforts,
including appropriate procedures for deterrence of a
transportation security incident.
(2) The Area Maritime Transportation Security Plan for an
area shall--
(A) when implemented in conjunction with the National
Maritime Transportation Security Plan, be adequate to
deter a transportation security incident in or near the
area to the maximum extent practicable;
(B) describe the area and infrastructure covered by
the plan, including the areas of population or special
economic, environmental, or national security
importance that might be damaged by a transportation
security incident;
(C) describe in detail how the plan is integrated
with other Area Maritime Transportation Security Plans,
and with facility security plans and vessel security
plans under this section;
(D) include consultation and coordination with the
Department of Defense on matters relating to Department
of Defense facilities and vessels;
(E) establish area response and recovery protocols to
prepare for, respond to, mitigate against, and recover
from a transportation security incident consistent with
section 202 of the SAFE Port Act of 2006 (6 U.S.C. 942)
and subsection (a) of this section;
(F) include any other information the Secretary
requires;
(G) include a salvage response plan--
(i) to identify salvage equipment capable of
restoring operational trade capacity; and
(ii) to ensure that the waterways are cleared
and the flow of commerce through United States
ports is reestablished as efficiently and
quickly as possible after a maritime
transportation security incident;
(H) include a plan for detecting, responding to, and
recovering from cybersecurity risks that may cause
transportation security incidents; and
(I) be updated at least every 5 years by the Federal
Maritime Security Coordinator.
(3) The Secretary shall--
(A) review and approve Area Maritime Transportation
Security Plans and updates under this subsection; and
(B) periodically review previously approved Area
Maritime Transportation Security Plans and updates.
(4) In security zones designated by the Secretary in each
Area Maritime Transportation Security Plan, the Secretary shall
consider--
(A) the use of public/private partnerships to enforce
security within the security zones, shoreside
protection alternatives, and the environmental, public
safety, and relative effectiveness of such
alternatives; and
(B) technological means of enhancing the security
zones of port, territorial waters, and waterways of the
United States.
(c) Vessel and Facility Security Plans.--(1) Within 6 months
after the prescription of interim final regulations on vessel
and facility security plans, an owner or operator of a vessel
or facility described in paragraph (2) shall prepare and submit
to the Secretary a security plan for the vessel or facility,
for deterring a transportation security incident to the maximum
extent practicable.
(2) The vessels and facilities referred to in paragraph (1)--
(A) except as provided in subparagraph (B), are
vessels and facilities that the Secretary believes may
be involved in a transportation security incident; and
(B) do not include any vessel or facility owned or
operated by the Department of Defense.
(3) A security plan required under this subsection shall--
(A) be consistent with the requirements of the
National Maritime Transportation Security Plan and Area
Maritime Transportation Security Plans;
(B) identify the qualified individual having full
authority to implement security actions, and require
immediate communications between that individual and
the appropriate Federal official and the persons
providing personnel and equipment pursuant to
subparagraph (C);
(C) include provisions for--
(i) establishing and maintaining physical
security, passenger and cargo security, and
personnel security;
(ii) establishing and controlling access to
secure areas of the vessel or facility,
including access by persons engaged in the
surface transportation of intermodal containers
in or out of a port facility;
(iii) procedural security policies;
(iv) communications systems;
(v) detecting, responding to, and recovering
from cybersecurity risks that may cause
transportation security incidents; and
(vi) other security systems;
(D) identify, and ensure by contract or other means
approved by the Secretary, the availability of security
measures necessary to deter to the maximum extent
practicable a transportation security incident or a
substantial threat of such a security incident;
(E) describe the training, periodic unannounced
drills, and security actions of persons on the vessel
or at the facility, to be carried out under the plan to
deter to the maximum extent practicable a
transportation security incident, or a substantial
threat of such a security incident;
(F) provide a strategy and timeline for conducting
training and periodic unannounced drills;
(G) be updated at least every 5 years;
(H) be resubmitted for approval of each change to the
vessel or facility that may substantially affect the
security of the vessel or facility; and
(I) in the case of a security plan for a facility, be
resubmitted for approval of each change in the
ownership or operator of the facility that may
substantially affect the security of the facility.
(4) The Secretary shall--
(A) promptly review each such plan or update;
(B) require amendments to any plan or update that
does not meet the requirements of this subsection;
(C) approve any plan or update that meets the
requirements of this subsection; and
(D) subject to the availability of appropriations,
periodically, but not less than one time per year,
conduct a risk-based, no notice facility inspection to
verify the effectiveness of each such facility security
plan or update.
(5) A vessel or facility for which a plan is required to be
submitted under this subsection may not operate after the end
of the 12-month period beginning on the date of the
prescription of interim final regulations on vessel and
facility security plans, unless--
(A) the plan has been approved by the Secretary; and
(B) the vessel or facility is operating in compliance
with the plan.
(6) Notwithstanding paragraph (5), the Secretary may
authorize a vessel or facility to operate without a security
plan approved under this subsection, until not later than 1
year after the date of the submission to the Secretary of a
plan for the vessel or facility, if the owner or operator of
the vessel or facility certifies that the owner or operator has
ensured by contract or other means approved by the Secretary to
deter to the maximum extent practicable a transportation
security incident or a substantial threat of such a security
incident.
(7) The Secretary shall require each owner or operator of a
vessel or facility located within or adjacent to waters subject
to the jurisdiction of the United States to implement any
necessary interim security measures, including cargo security
programs, to deter to the maximum extent practicable a
transportation security incident until the security plan for
that vessel or facility operator is approved.
(8)(A) The Secretary shall require that the qualified
individual having full authority to implement security actions
for a facility described in paragraph (2) shall be a citizen of
the United States.
(B) The Secretary may waive the requirement of subparagraph
(A) with respect to an individual if the Secretary determines
that it is appropriate to do so based on a complete background
check of the individual and a review of all terrorist watch
lists to ensure that the individual is not identified on any
such terrorist watch list.
(d) Nondisclosure of Information.--
(1) In general.--Information developed under this
section or sections 70102, 70104, and 70108 is not
required to be disclosed to the public, including--
(A) facility security plans, vessel security
plans, and port vulnerability assessments; and
(B) other information related to security
plans, procedures, or programs for vessels or
facilities authorized under this section or
sections 70102, 70104, and 70108.
(2) Limitations.--Nothing in paragraph (1) shall be
construed to authorize the designation of information
as sensitive security information (as defined in
section 1520.5 of title 49, Code of Federal
Regulations)--
(A) to conceal a violation of law,
inefficiency, or administrative error;
(B) to prevent embarrassment to a person,
organization, or agency;
(C) to restrain competition; or
(D) to prevent or delay the release of
information that does not require protection in
the interest of transportation security,
including basic scientific research information
not clearly related to transportation security.
(e) Especially Hazardous Cargo.--
(1) Enforcement of security zones.--Consistent with
other provisions of Federal law, the Coast Guard shall
coordinate and be responsible for the enforcement of
any Federal security zone established by the Coast
Guard around a vessel containing especially hazardous
cargo. The Coast Guard shall allocate available
resources so as to deter and respond to a
transportation security incident, to the maximum extent
practicable, and to protect lives or protect property
in danger.
(2) Resource deficiency reporting.--
(A) In general.--When the Secretary submits
the annual budget request for a fiscal year for
the department in which the Coast Guard is
operating to the Office of Management and
Budget, the Secretary shall provide to the
Committees on Homeland Security and
Transportation and Infrastructure of the House
of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate a report that includes--
(i) for the last full fiscal year
preceding the report, a statement of
the number of security zones
established for especially hazardous
cargo shipments;
(ii) for the last full fiscal year
preceding the report, a statement of
the number of especially hazardous
cargo shipments provided a waterborne
security escort, subdivided by Federal,
State, local, or private security; and
(iii) an assessment as to any
additional vessels, personnel,
infrastructure, and other resources
necessary to provide waterborne escorts
to those especially hazardous cargo
shipments for which a security zone is
established.
(B) Especially hazardous cargo defined.--In
this subsection, the term ``especially
hazardous cargo'' means anhydrous ammonia,
ammonium nitrate, chlorine, liquefied natural
gas, liquiefied petroleum gas, and any other
substance, material, or group or class of
material, in a particular amount and form that
the Secretary determines by regulation poses a
significant risk of creating a transportation
security incident while being transported in
maritime commerce.
(f) Nondisclosure of Port Security Plans.--Notwithstanding
any other provision of law, information related to security
plans, procedures, or programs for passenger vessels or
passenger terminals authorized under this chapter is not
required to be disclosed to the public.
* * * * * * *
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]
emergency response providers 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. 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--
] emergency response providers--
(A) to enforce a security zone under section
70132 of this title; or
(B) assist in the enforcement of a security
zone.
(c) Matching Requirements.--
(1) 75-percent federal funding.--Except as provided
in paragraph (2), Federal funds for any eligible
project under this section shall not exceed 75 percent
of the total cost of such project.
(2) Exceptions.--
(A) Small projects.--There are no matching
requirements for grants under subsection (a)
for projects costing not more than $25,000.
(B) Higher level of support required.--If the
Secretary determines that a proposed project
merits support and cannot be undertaken without
a higher rate of Federal support, then the
Secretary may approve grants under this section
with a matching requirement other than that
specified in paragraph (1).
(C) Training.--There are no matching
requirements for grants under subsection (a) to
train [law enforcement agency personnel]
emergency response providers in the enforcement
of security zones under section 70132 of this
title or in assisting in the enforcement of
such security zones.
(d) Coordination and Cooperation Agreements.--The Secretary
shall ensure that projects paid for, or the costs of which are
reimbursed, under this section within any area or port are
coordinated with other projects, and may require cooperative
agreements among users of the port and port facilities with
respect to projects funded under this section.
(e) Multiple-Year Projects.--
(1) Letters of intent.--The Secretary may execute
letters of intent to commit funding to such
authorities, operators, and agencies.
(2) Limitation.--Not more than 20 percent of the
grant funds awarded under this subsection in any fiscal
year may be awarded for projects that span multiple
years.
(f) Consistency With Plans.--The Secretary shall ensure that
each grant awarded under subsection (e)--
(1) is used to supplement and support, in a
consistent and coordinated manner, the applicable Area
Maritime Transportation Security Plan; and
(2) is coordinated with any applicable State or Urban
Area Homeland Security Plan.
(g) Applications.--Any entity subject to an Area Maritime
Transportation Security Plan may submit an application for a
grant under this section, at such time, in such form, and
containing such information and assurances as the Secretary may
require.
(h) Reports.--Not later than 180 days after the date of the
enactment of the SAFE Port Act, the Secretary, acting through
the Commandant of the Coast Guard, shall submit a report to
Congress, in a secure format, describing the methodology used
to allocate port security grant funds on the basis of risk.
(i) Administration.--
(1) In general.--The Secretary shall require eligible
port authorities, facility operators, and State and
local agencies required to provide security services,
to submit an application, at such time, in such form,
and containing such information and assurances as the
Secretary may require, and shall include appropriate
application, review, and delivery mechanisms.
(2) Minimum standards for payment or reimbursement.--
Each application for payment or reimbursement of
eligible costs shall include, at a minimum, the
following:
(A) A copy of the applicable Area Maritime
Transportation Security Plan or facility
security plan.
(B) A comprehensive description of the need
for the project, and a statement of the
project's relationship to the applicable Area
Maritime Transportation Security Plan or
facility security plan.
(C) A determination by the Captain of the
Port that the security project addresses or
corrects Coast Guard identified vulnerabilities
in security and ensures compliance with Area
Maritime Transportation Security Plans and
facility security plans.
(3) Procedural safeguards.--The Secretary shall by
regulation establish appropriate accounting, reporting,
and review procedures to ensure that amounts paid or
reimbursed under this section are used for the purposes
for which they were made available, all expenditures
are properly accounted for, and amounts not used for
such purposes and amounts not obligated or expended are
recovered.
(4) Project approval required.--The Secretary may
approve an application for the payment or reimbursement
of costs under this section only if the Secretary is
satisfied that--
(A) the project is consistent with Coast
Guard vulnerability assessments and ensures
compliance with Area Maritime Transportation
Security Plans and facility security plans;
(B) enough money is available to pay the
project costs that will not be reimbursed by
the United States Government under this
section;
(C) the project will be completed without
unreasonable delay; and
(D) the recipient has authority to carry out
the project as proposed.
(j) Audits and Examinations.--A recipient of amounts made
available under this section shall keep such records as the
Secretary may require, and make them available for review and
audit by the Secretary, the Comptroller General of the United
States, or the Inspector General of the department in which the
Coast Guard is operating.
(k) Reports on Security Funding and Compliance.--
(1) Initial report.--Within 6 months after the date
of enactment of this Act, the Secretary shall transmit
an unclassified report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure, that--
(A) includes a funding proposal and rationale
to fund the correction of Coast Guard
identified vulnerabilities in port security and
to help ensure compliance with Area Maritime
Transportation Security Plans and facility
security plans for fiscal years 2003 through
2008; and
(B) includes projected funding proposals for
fiscal years 2003 through 2008 for the
following security programs:
(i) The Sea Marshall program.
(ii) The Automated Identification
System and a system of polling vessels
on entry into United States waters.
(iii) The maritime intelligence
requirements in this Act.
(iv) The issuance of transportation
security cards required by section
70105.
(v) The program of certifying secure
systems of transportation.
(2) Other expenditures.--The Secretary shall, as part
of the report required by paragraph (1) report, in
coordination with the Commissioner of Customs, on
projected expenditures of screening and detection
equipment and on cargo security programs over fiscal
years 2003 through 2008.
(3) Annual reports.--Annually, beginning 1 year after
transmittal of the report required by paragraph (1)
until October 1, 2009, the Secretary shall transmit an
unclassified annual report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure, on progress in achieving compliance
with the correction of Coast Guard identified
vulnerabilities in port security and compliance with
Area Maritime Transportation Security Plans and
facility security plans that--
(A) identifies any modifications necessary in
funding to ensure the correction of Coast Guard
identified vulnerabilities and ensure
compliance with Area Maritime Transportation
Security Plans and facility security plans;
(B) includes an assessment of progress in
implementing the grant program established by
subsection (a);
(C) includes any recommendations the
Secretary may make to improve these programs;
and
(D) with respect to a port selected by the
Secretary, describes progress and enhancements
of applicable Area Maritime Transportation
Security Plans and facility security plans and
how the Maritime Transportation Security Act of
2002 has improved security at that port.
(l) Authorization of Appropriations.--There are authorized to
be appropriated $400,000,000 for each of the fiscal years 2007
through 2013 to carry out this section.
(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 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.
* * * * * * *
SUBCHAPTER II--PORT SECURITY ZONES
* * * * * * *
Sec. 70132. Credentialing standards, training, and certification for
State and local support for the enforcement of
security zones for the transportation of especially
hazardous cargo
(a) Standard.--The Commandant of the Coast Guard shall
establish, by regulation, national standards for training and
credentialing of [law enforcement personnel--] emergency
response providers--
(1) to enforce a security zone; or
(2) to assist in the enforcement of a security zone.
(b) Training.--
(1) The Commandant of the Coast Guard--
(A) shall develop and publish a training
curriculum for--
(i) [law enforcement personnel]
emergency response providers to enforce
a security zone;
(ii) [law enforcement personnel]
emergency response providers to enforce
or assist in the enforcement of a
security zone; and
(iii) personnel who are employed or
retained by a facility or vessel owner
to assist in the enforcement of a
security zone; and
(B) may--
(i) test and deliver such training,
the curriculum for which is developed
pursuant to subparagraph (A);
(ii) enter into an agreement under
which a public entity (including a
Federal agency) or private entity may
test and deliver such training, the
curriculum for which has been developed
pursuant to subparagraph (A); and
(iii) may accept a program, conducted
by a public entity (including a Federal
agency) or private entity, through
which such training is delivered the
curriculum for which is developed
pursuant to subparagraph (A).
(2) Any Federal agency that provides such training,
and any public or private entity that receives moneys,
pursuant to section 70107(b)(8) of this title, to
provide such training, shall provide such training--
(A) to [law enforcement personnel] emergency
response providers who enforce or assist in the
enforcement of a security zone; and
(B) on an availability basis to--
(i) [law enforcement personnel]
emergency response providers who assist
in the enforcement of a security zone;
and
(ii) personnel who are employed or
retained by a facility or vessel owner
or operator to assist in the
enforcement of a security zone.
(3) If a Federal agency provides the training, the
head of such agency may, notwithstanding any other
provision of law, accept payment from any source for
such training, and any amount received as payment shall
be credited to the appropriation, current at the time
of collection, charged with the cost thereof and shall
be merged with, and available for, the same purposes of
such appropriation.
(4) Notwithstanding any other provision of law, any
moneys, awarded by the Department of Homeland Security
in the form of awards or grants, may be used by the
recipient to pay for training of personnel to assist in
the enforcement of security zones and limited access
areas.
(c) Certification; Training Partners.--In developing and
delivering training under the training program, the Secretary,
in coordination with the Maritime Administrator of the
Department of Transportation, and consistent with section 109
of the Maritime Transportation Security Act of 2002 (46 U.S.C.
70101 note), shall--
(1) work with government training facilities,
academic institutions, private organizations, employee
organizations, and other entities that provide
specialized, state-of-the-art training for governmental
and nongovernmental emergency responder providers or
commercial seaport personnel and management;
(2) utilize, as appropriate, government training
facilities, courses provided by community colleges,
public safety academies, State and private
universities, and other facilities; and
(3) certify organizations that offer the curriculum
for training and certification.
(d) Definition.--For the purposes of this section, the term
``emergency response providers'' has the meaning given that
term in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101).
* * * * * * *
SUBTITLE VIII--MISCELLANEOUS
* * * * * * *
CHAPTER 803--ICE AND DERELICTS
* * * * * * *
Sec. 80301. International agreements
(a) General Authority.--The President may make agreements
with interested maritime countries to--
(1) maintain in the North Atlantic Ocean a service of
ice patrol, of study and observation of ice and current
conditions, and of assistance to vessels and their
crews requiring assistance within the limits of the
patrol;"operations and support"
(2) maintain a service of study and observation of
ice and current conditions in the waters affecting the
set and drift of ice in the North Atlantic Ocean; and
(3) take all practicable steps to ensure the
destruction or removal of derelicts in the northern
part of the Atlantic Ocean, east of the line drawn from
Cape Sable to a point in latitude 34 degrees north,
longitude 70 degrees west, if the destruction or
removal is necessary.
(b) Payment Between Countries.--The President may include in
an agreement under subsection (a) a provision for--
(1) payment to the United States Government by other
countries for their proportionate share of the expense
of maintaining the services; or
(2) contribution by the Government for its
proportionate share if the agreement provides for
another country to maintain the services.
(c) Payments.--Payments received pursuant to subsection
(b)(1) shall be credited to the appropriation for [operating
expenses of the Coast Guard.] operations and support of the
Coast Guard and shall remain available until expended.
* * * * * * *
Sec. 80505. Enforcement
(a) In General.--To enforce the Convention, this chapter, and
regulations prescribed under this chapter, the Secretary of the
department in which the Coast Guard is operating may--
(1) examine, or require to be examined, containers in
international transport;
(2) approve designs for containers;
(3) inspect and test containers being manufactured;
(4) issue a detention order removing or excluding a
container from service until the container owner
satisfies the Secretary that the container meets the
standards of the Convention, if the container--
(A) does not have a safety approval plate
attached to it; or
(B) has a safety approval plate attached but
there is significant evidence that the
container is in a condition that creates an
obvious risk to safety;
(5) take other appropriate action, including issuing
necessary orders, to remove a container from service or
restrict its use if the container is not in compliance
with the Convention, this chapter, or regulations
prescribed under this chapter, but does not present an
obvious risk to safety; and
(6) allow a container found to be unsafe or without a
safety approval plate to be moved to another location
for repair or other disposition, under restrictions
consistent with the intent of the Convention.
(b) Payment of Expenses.--
(1) Examination.--The owner of a container involved
in an action by the Secretary under this section
related to an examination of the container shall pay or
reimburse the Secretary for the expenses arising from
that action, except for the costs of routine
examinations of the container or a safety approval
plate.
(2) Testing, inspection, and initial approval.--The
owner of a container submitted to the procedure
established by the Secretary for testing, inspection,
and initial approval, and the manufacturer of a
container that submits a design to the procedure
established by the Secretary for testing, inspection,
and initial approval, shall pay or reimburse the
Secretary for the expenses arising from the testing,
inspection, or approval.
(3) Credit to appropriation.--Amounts received by the
Secretary as reimbursement shall be credited to the
appropriation for [operating expenses] operations and
support of the Coast Guard.
(c) Presumption Based on Safety Approval Plate.--A container
bearing a safety approval plate authorized by a country that is
a party to the Convention is presumed to be in a safe condition
unless there is significant evidence that the container is in a
condition that creates an obvious risk to safety.
(d) Notice of Orders.--
(1) In general.--When the Secretary issues a
detention or other order under this section, the
Secretary promptly shall notify in writing--
(A) the owner of the container;
(B) the owner's agent; or
(C) if the identity of the owner is not
apparent from the container or shipping
documents, the custodian.
(2) Information to include.--The notification shall
identify the container involved, give the location of
the container, and describe the condition or situation
giving rise to the order.
(e) Duration of Orders.--An order issued by the Secretary
under this section remains in effect until--
(1) the Secretary declares the container to be in
compliance with the standards of the Convention; or
(2) the container is removed permanently from
service.
(f) Notice of Defective Container to Country Issuing Safety
Approval Plate.--If the Secretary has reason to believe that a
container bearing a safety approval plate issued by another
country was defective at the time of approval, the Secretary
shall notify that country.
* * * * * * *
----------
AMERICA'S CUP ACT OF 2011
* * * * * * *
SEC. 7. WAIVERS.
(a) In General.--Notwithstanding sections 12112 and 12132 and
chapter 551 of title 46, United States Code, the Secretary of
the department in which the Coast Guard is operating may issue
a certificate of documentation with a coastwise endorsement for
each of the following vessels:
(1) M/V GEYSIR (United States official number
622178).
(2) OCEAN VERITAS (IMO number 7366805).
(3) LUNA (United States official number 280133).
(b) Documentation of LNG Tankers.--
(1) In general.--Notwithstanding sections 12112 and
12132 and chapter 551 of title 46, United States Code,
the Secretary of the department in which the Coast
Guard is operating may issue a certificate of
documentation with a coastwise endorsement for each of
the following vessels:
(A) LNG GEMINI (United States official number
595752).
(B) LNG LEO (United States official number
595753).
(C) LNG VIRGO (United States official number
595755).
(2) Limitation on operation.--Coastwise trade
authorized under paragraph (1) shall be limited to
carriage of natural gas, as that term is defined in
section 3(13) of the Deepwater Port Act of 1974 (33
U.S.C. 1502(13)).
(3) Termination of effectiveness of endorsements.--
[The coastwise endorsement issued] No coastwise
endorsement shall be issued under paragraph (1) for a
vessel [shall expire on] after the date of the sale of
the vessel by the owner of the vessel on the date of
enactment of this Act to a person who is not related by
ownership or control to such owner.
(c) Operation of a Dry Dock.--A vessel transported in Dry
Dock #2 (State of Alaska registration AIDEA FDD-2) is not
merchandise for purposes of section 55102 of title 46, United
States Code, if, during such transportation, Dry Dock #2
remains connected by a utility or other connecting line to
pierside moorage located in Ketchikan, Alaska.
----------
COAST GUARD AUTHORIZATION ACT OF 2016
* * * * * * *
TITLE V--CONVEYANCES
* * * * * * *
Subtitle C--Conveyance of Coast Guard Property at Point Spencer, Alaska
* * * * * * *
SEC. 533. AUTHORITY TO CONVEY LAND IN POINT SPENCER.
(a) Authority To Convey Tracts 1, 3, and 4.--Within 1 year
after the Secretary notifies the Secretary of the Interior that
the Coast Guard no longer needs to retain jurisdiction of Tract
1, Tract 3, or Tract 4 and subject to section 534, the
Secretary of the Interior shall convey to BSNC or the State,
subject to valid existing rights, all right, title, and
interest of the United States in and to the surface and
subsurface estates of that Tract in accordance with subsection
(d).
(b) Authority To Convey Tracts 2 and 5.--Within 1 year after
the date of the enactment of this section and subject to
section 534, the Secretary of the Interior shall convey,
subject to valid existing rights, all right, title, and
interest of the United States in and to the surface and
subsurface estates of Tract 2 and Tract 5 in accordance with
subsection (d).
(c) Authority to Transfer Tract 6.--Within one year after the
date of the enactment of this Act and subject to sections 534
and 535, the Secretary of the Interior shall convey, subject to
valid existing rights, all right, title, and interest of the
United States in and to the surface and subsurface estates of
Tract 6 in accordance with subsection (e).
(d) Order of Offer to Convey Tract 1, 2, 3, 4, or 5.--
(1) Determination and offer.--
(A) Tract 1, 3, or 4.--If the Secretary makes
the determination under subsection (a) and
subject to section 534, the Secretary of the
Interior shall offer Tract 1, Tract 3, or Tract
4 for conveyance to BSNC under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et
seq.).
(B) Tract 2 and 5.--Subject to section 534,
the Secretary of the Interior shall offer Tract
2 and Tract 5 to BSNC under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.).
(2) Offer to bsnc.--
(A) Acceptance by bsnc.--If BSNC chooses to
accept an offer of conveyance of a Tract under
paragraph (1), the Secretary of the Interior
shall consider [Tract 6] such Tract as within
BSNC's entitlement under section 14(h)(8) of
the Alaska Native Claims Settlement Act (43
U.S.C. 1613(h)(8)) and shall convey such Tract
to BSNC.
(B) Decline by bsnc.--If BSNC declines to
accept an offer of conveyance of a Tract under
paragraph (1), the Secretary of the Interior
shall offer such Tract for conveyance to the
State under the Act of July 7, 1958 (commonly
known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21; Public Law 85-508).
(3) Offer to state.--
(A) Acceptance by state.--If the State
chooses to accept an offer of conveyance of a
Tract under paragraph (2)(B), the Secretary of
the Interior shall consider such Tract as
within the State's entitlement under the Act of
July 7, 1958 (commonly known as the ``Alaska
Statehood Act'') (48 U.S.C. note prec. 21;
Public Law 85-508) and shall convey such Tract
to the State.
(B) Decline by state.--If the State declines
to accept an offer of conveyance of a Tract
offered under paragraph (2)(B), such Tract
shall be disposed of pursuant to applicable
public land laws.
(e) Order of Offer to Convey Tract 6.--
(1) Offer.--Subject to section 534, the Secretary of
the Interior shall offer Tract 6 for conveyance to the
State.
(2) Offer to state.--
(A) Acceptance by state.--If the State
chooses to accept an offer of conveyance of
Tract 6 under paragraph (1), the Secretary of
the Interior shall consider Tract 6 as within
the State's entitlement under the Act of July
7, 1958 (commonly known as the ``Alaska
Statehood Act'') (48 U.S.C. note prec. 21;
Public Law 85-508) and shall convey Tract 6 to
the State.
(B) Decline by state.--If the State declines
to accept an offer of conveyance of Tract 6
under paragraph (1), the Secretary of the
Interior shall offer Tract 6 for conveyance to
BSNC under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.).
(3) Offer to bsnc.--
(A) Acceptance by bsnc.--
(i) In general.--Subject to clause
(ii), if BSNC chooses to accept an
offer of conveyance of Tract 6 under
paragraph (2)(B), the Secretary of the
Interior shall consider Tract 6 as
within BSNC's entitlement under section
14(h)(8) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1613(h)(8))
and shall convey Tract 6 to BSNC.
(ii) Lease by the state.--The
conveyance of Tract 6 to BSNC shall be
subject to BSNC negotiating a lease of
Tract 6 to the State at no cost to the
State, if the State requests such a
lease.
(B) Decline by bsnc.--If BSNC declines to
accept an offer of conveyance of Tract 6 under
paragraph (2)(B), the Secretary of the Interior
shall dispose of Tract 6 pursuant to the
applicable public land laws.
(f) Remedial Actions.--For purposes of the transfers under
this section, the remedial actions required under section
120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) may
be completed by the United States Coast Guard after the date of
such transfer and a deed entered into for such transfer shall
include a clause granting the United States Coast Guard access
to the property in any case in which remedial action or
corrective action is found to be necessary after the date of
such transfer.
SEC. 534. ENVIRONMENTAL COMPLIANCE, LIABILITY, AND MONITORING.
(a) Environmental Compliance.--[Nothing] After the date on
which the Secretary of the Interior conveys land under section
533 of this Act, nothing in this Act or any amendment made by
this Act may be construed to affect or limit the application of
or obligation to comply with any applicable environmental law,
including section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)), with respect to contaminants on such land prior to
the date on which the land is conveyed.
(b) Liability.--A person to which a conveyance is made under
this subtitle shall hold the United States harmless from any
liability with respect to activities carried out on or after
the date of the conveyance of the real property conveyed. The
United States shall remain responsible for any liability with
respect to activities carried out before such date on the real
property conveyed.
(c) Monitoring of Known Contamination.--
(1) In general.--To the extent practicable and
subject to paragraph (2), any contamination in a Tract
to be conveyed to the State or BSNC under this subtitle
that--
(A) is identified in writing prior to the
conveyance; and
(B) does not pose an immediate or long-term
risk to human health or the environment;
may be routinely monitored and managed by the State or
BSNC, as applicable, through institutional controls.
(2) Institutional controls.--Institutional controls
may be used if--
(A) the Administrator of the Environmental
Protection Agency and the Governor of the State
concur that such controls are protective of
human health and the environment; and
(B) such controls are carried out in
accordance with Federal and State law.
* * * * * * *
----------
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle E--Human Resources Management
* * * * * * *
Sec. 846. Rotational cybersecurity research program.
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle E--Human Resources Management
* * * * * * *
SEC. 846. ROTATIONAL CYBERSECURITY RESEARCH PROGRAM.
To enhance the Department's cybersecurity capacity, the
Secretary may establish a rotational research, development, and
training program for--
(1) detail to the Cybersecurity and Infrastructure
Security Agency (including the national cybersecurity
and communications integration center authorized by
section 2209) of Coast Guard Academy graduates and
faculty; and
(2) detail to the Coast Guard Academy, as faculty, of
individuals with expertise and experience in
cybersecurity who are employed by--
(A) the Agency (including the center);
(B) the Directorate of Science and
Technology; or
(C) institutions that have been designated by
the Department as a Center of Excellence for
Cyber Defense, or the equivalent.
* * * * * * *
----------
OIL POLLUTION ACT OF 1990
* * * * * * *
TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION
* * * * * * *
SEC. 1004. LIMITS ON LIABILITY.
(a) General Rule.--Except as otherwise provided in this
section, the total of the liability of a responsible party
under section 1002 and any removal costs incurred by, or on
behalf of, the responsible party, with respect to each incident
shall not exceed--
(1) for a tank vessel, the greater of--
(A) with respect to a single-hull vessel,
including a single-hull vessel fitted with
double sides only or a double bottom only,
$3,000 per gross ton;
(B) with respect to a vessel other than a
vessel referred to in subparagraph (A), $1,900
per gross ton; or
(C)(i) with respect to a vessel greater than
3,000 gross tons that is--
(I) a vessel described in
subparagraph (A), $22,000,000; or
(II) a vessel described in
subparagraph (B), $16,000,000; or
(ii) with respect to a vessel of 3,000 gross
tons or less that is--
(I) a vessel described in
subparagraph (A), $6,000,000; or
(II) a vessel described in
subparagraph (B), $4,000,000;
(2) for any other vessel, $950 per gross ton or
$800,000, whichever is greater;
(3) for an offshore facility except a deepwater port,
the total of all removal costs plus $75,000,000; and
(4) for any onshore facility and a deepwater port,
$350,000,000.
(b) Division of Liability for Mobile Offshore Drilling
Units.--
(1) Treated first as tank vessel.--For purposes of
determining the responsible party and applying this Act
and except as provided in paragraph (2), a mobile
offshore drilling unit which is being used as an
offshore facility is deemed to be a tank vessel with
respect to the discharge, or the substantial threat of
a discharge, of oil on or above the surface of the
water.
(2) Treated as facility for excess liability.--To the
extent that removal costs and damages from any incident
described in paragraph (1) exceed the amount for which
a responsible party is liable (as that amount may be
limited under subsection (a)(1)), the mobile offshore
drilling unit is deemed to be an offshore facility. For
purposes of applying subsection (a)(3), the amount
specified in that subsection shall be reduced by the
amount for which the responsible party is liable under
paragraph (1).
(c) Exceptions.--
(1) Acts of responsible party.--Subsection (a) does
not apply if the incident was proximately caused by--
(A) gross negligence or willful misconduct
of, or
(B) the violation of an applicable Federal
safety, construction, or operating regulation
by,
the responsible party, an agent or employee of the
responsible party, or a person acting pursuant to a
contractual relationship with the responsible party
(except where the sole contractual arrangement arises
in connection with carriage by a common carrier by
rail).
(2) Failure or refusal of responsible party.--
Subsection (a) does not apply if the responsible party
fails or refuses--
(A) to report the incident as required by law
and the responsible party knows or has reason
to know of the incident;
(B) to provide all reasonable cooperation and
assistance requested by a responsible official
in connection with removal activities; or
(C) without sufficient cause, to comply with
an order issued under subsection (c) or (e) of
section 311 of the Federal Water Pollution
Control Act (33 U.S.C. 1321), as amended by
this Act, or the Intervention on the High Seas
Act (33 U.S.C. 1471 et seq.).
(3) OCS facility or vessel.--Notwithstanding the
limitations established under subsection (a) and the
defenses of section 1003, all removal costs incurred by
the United States Government or any State or local
official or agency in connection with a discharge or
substantial threat of a discharge of oil from any Outer
Continental Shelf facility or a vessel carrying oil as
cargo from such a facility shall be borne by the owner
or operator of such facility or vessel.
(4) Certain tank vessels.--Subsection (a)(1) shall
not apply to--
(A) a tank vessel on which the only oil
carried as cargo is an animal fat or vegetable
oil, as those terms are used in section 2 of
the Edible Oil Regulatory Reform Act; and
(B) a tank vessel that is designated in its
certificate of inspection as an oil spill
response vessel (as that term is defined in
section 2101 of title 46, United States Code)
and that is used solely for removal.
(d) Adjusting Limits of Liability.--
(1) Onshore facilities.--Subject to paragraph (2),
the President may establish by regulation, with respect
to any class or category of onshore facility, a limit
of liability under this section of less than
$350,000,000, but not less than $8,000,000, taking into
account size, storage capacity, oil throughput,
proximity to sensitive areas, type of oil handled,
history of discharges, and other factors relevant to
risks posed by the class or category of facility.
[(2) Deepwater ports and associated vessels.--
[(A) Study.--The Secretary shall conduct a
study of the relative operational and
environmental risks posed by the transportation
of oil by vessel to deepwater ports (as defined
in section 3 of the Deepwater Port Act of 1974
(33 U.S.C. 1502)) versus the transportation of
oil by vessel to other ports. The study shall
include a review and analysis of offshore
lightering practices used in connection with
that transportation, an analysis of the volume
of oil transported by vessel using those
practices, and an analysis of the frequency and
volume of oil discharges which occur in
connection with the use of those practices.
[(B) Report.--Not later than 1 year after the
date of the enactment of this Act, the
Secretary shall submit to the Congress a report
on the results of the study conducted under
subparagraph (A).
[(C) Rulemaking proceeding.--If the Secretary
determines, based on the results of the study
conducted under subparagraph (A), that the use
of deepwater ports in connection with the
transportation of oil by vessel results in a
lower operational or environmental risk than
the use of other ports, the Secretary shall
initiate, not later than the 180th day
following the date of submission of the report
to the Congress under subparagraph (B), a
rulemaking proceeding to lower the limits of
liability under this section for deepwater
ports as the Secretary determines appropriate.
The Secretary may establish a limit of
liability of less than $350,000,000, but not
less than $50,000,000, in accordance with
paragraph (1).]
(2) Deepwater ports and associated vessels.--
(A) In general.--If the Secretary determines
that the design and operation of a deepwater
port results in a lower risk of oil pollution
than the design and operation of such deepwater
ports as existed on the date of the enactment
of the Coast Guard Authorization Act of 2019,
the Secretary may initiate a rulemaking
proceeding to lower the limitation of liability
under subsection (a)(4) for such deepwater port
and each other deepwater port which achieves
such lower risk level through such port's
design and operation.
(B) Risk determination.--In determining the
risk of oil pollution, the Secretary shall take
into account, as applicable--
(i) the size of the deepwater ports
and associated vessels;
(ii) oil storage capacity of the
deepwater ports and associated vessels;
(iii) oil handling capacity of the
deepwater ports and associated vessels;
(iv) oil throughput;
(v) proximity to sensitive areas;
(vi) type of oil handled;
(vii) history of oil discharges; and
(viii) such other factors relevant to
the oil pollution risks posed by the
class or category of deepwater port and
associated vessels as the Secretary
determines appropriate.
(C) Limit of liability; transportation of
oil.--For deepwater ports used in connection
with the transportation of oil, the Secretary
may establish a limitation of liability under
subparagraph (A) of not more than $350,000,000
and not less than $50,000,000.
(D) Limit of liability; transportation of
natural gas.--For deepwater ports used in
connection with the transportation of natural
gas, the Secretary may establish a limitation
of liability under subparagraph (A) of not more
than $350,000,000 and not less than $1,000,000.
(3) Periodic reports.--The President shall, within 6
months after the date of the enactment of this Act, and
from time to time thereafter, report to the Congress on
the desirability of adjusting the limits of liability
specified in subsection (a).
(4) Adjustment to reflect consumer price index.--The
President, by regulations issued not later than 3 years
after the date of enactment of the Delaware River
Protection Act of 2006 and not less than every 3 years
thereafter, shall adjust the limits on liability
specified in subsection (a) to reflect significant
increases in the Consumer Price Index.
* * * * * * *
SEC. 1012. USES OF THE FUND.
(a) Uses Generally.--The Fund shall be available to the
President for--
(1) the payment of removal costs, including the costs
of monitoring removal actions, determined by the
President to be consistent with the National
Contingency Plan--
(A) by Federal authorities; or
(B) by a Governor or designated State
official under subsection (d);
(2) the payment of costs incurred by Federal, State,
or Indian tribe trustees in carrying out their
functions under section 1006 for assessing natural
resource damages and for developing and implementing
plans for the restoration, rehabilitation, replacement,
or acquisition of the equivalent of damaged resources
determined by the President to be consistent with the
National Contingency Plan;
(3) the payment of removal costs determined by the
President to be consistent with the National
Contingency Plan as a result of, and damages resulting
from, a discharge, or a substantial threat of a
discharge, of oil from a foreign offshore unit;
(4) the payment of claims in accordance with section
1013 for uncompensated removal costs determined by the
President to be consistent with the National
Contingency Plan or uncompensated damages; and
(5) the payment of Federal administrative,
operational, and personnel costs and expenses
reasonably necessary for and incidental to the
implementation, administration, and enforcement of this
Act (including, but not limited to, sections
1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117,
5006, 8103, and title VII) and subsections (b), (c),
(d), (j), and (l) of section 311 of the Federal Water
Pollution Control Act (33 U.S.C. 1321), as amended by
this Act, with respect to prevention, removal, and
enforcement related to oil discharges, provided that--
(A) not more than $25,000,000 in each fiscal
year shall be available to the Secretary for
[operating expenses] operations and support
incurred by the Coast Guard;
(B) not more than $15,000,000 in each fiscal
year shall be available to the Under Secretary
of Commerce for Oceans and Atmosphere for
expenses incurred by, and activities related
to, response and damage assessment capabilities
of the National Oceanic and Atmospheric
Administration;
(C) not more than $30,000,000 each year
through the end of fiscal year 1992 shall be
available to establish the National Response
System under section 311(j) of the Federal
Water Pollution Control Act, as amended by this
Act, including the purchase and prepositioning
of oil spill removal equipment; and
(D) not more than $27,250,000 in each fiscal
year shall be available to carry out title VII
of this Act[; and].
[(6) the making of loans pursuant to the program
established under section 1013(f).]
(b) Defense to Liability for Fund.--[The]
(1) In general._The Fund shall not be available to
pay any claim for removal costs or damages to a
particular claimant, to the extent that the incident,
removal costs, or damages are caused by the gross
negligence or willful misconduct of that claimant.
(2) Subrogated rights.--Except for a guarantor claim
pursuant to a defense under section 1016(f)(1), Fund
compensation of any claim by an insurer or other
indemnifier of a responsible party or injured third
party is subject to the subrogated rights of that
responsible party or injured third party to such
compensation.
(c) Obligation of Fund by Federal Officials.--The President
may promulgate regulations designating one or more Federal
officials who may obligate money in accordance with subsection
(a).
(d) Access to Fund by State Officials.--
(1) Immediate removal.--In accordance with
regulations promulgated under this section, the
President, upon the request of the Governor of a State
or pursuant to an agreement with a State under
paragraph (2), may obligate the Fund for payment in an
amount not to exceed $250,000 for removal costs
consistent with the National Contingency Plan required
for the immediate removal of a discharge, or the
mitigation or prevention of a substantial threat of a
discharge, of oil.
(2) Agreements.--
(A) In general.--The President shall enter
into an agreement with the Governor of any
interested State to establish procedures under
which the Governor or a designated State
official may receive payments from the Fund for
removal costs pursuant to paragraph (1).
(B) Terms.--Agreements under this paragraph--
(i) may include such terms and
conditions as may be agreed upon by the
President and the Governor of a State;
(ii) shall provide for political
subdivisions of the State to receive
payments for reasonable removal costs;
and
(iii) may authorize advance payments
from the Fund to facilitate removal
efforts.
(e) Regulations.--The President shall--
(1) not later than 6 months after the date of the
enactment of this Act, publish proposed regulations
detailing the manner in which the authority to obligate
the Fund and to enter into agreements under this
subsection shall be exercised; and
(2) not later than 3 months after the close of the
comment period for such proposed regulations,
promulgate final regulations for that purpose.
(f) Rights of Subrogation.--Payment of any claim or
obligation by the Fund under this Act shall be subject to the
United States Government acquiring by subrogation all rights of
the claimant or State to recover from the responsible party.
(h) Period of Limitations for Claims.--
(1) Removal costs.--No claim may be presented under
this title for recovery of removal costs for an
incident unless the claim is presented within 6 years
after the date of completion of all removal actions for
that incident.
(2) Damages.--No claim may be presented under this
section for recovery of damages unless the claim is
presented within 3 years after the date on which the
injury and its connection with the discharge in
question were reasonably discoverable with the exercise
of due care, or in the case of natural resource damages
under section 1002(b)(2)(A), if later, the date of
completion of the natural resources damage assessment
under section 1006(e).
(3) Minors and incompetents.--The time limitations
contained in this subsection shall not begin to run--
(A) against a minor until the earlier of the
date when such minor reaches 18 years of age or
the date on which a legal representative is
duly appointed for the minor, or
(B) against an incompetent person until the
earlier of the date on which such incompetent's
incompetency ends or the date on which a legal
representative is duly appointed for the
incompetent.
(i) Limitation on Payment for Same Costs.--In any case in
which the President has paid an amount from the Fund for any
removal costs or damages specified under subsection (a), no
other claim may be paid from the Fund for the same removal
costs or damages.
(j) Obligation in Accordance With Plan.--
(1) In general.--Except as provided in paragraph (2),
amounts may be obligated from the Fund for the
restoration, rehabilitation, replacement, or
acquisition of natural resources only in accordance
with a plan adopted under section 1006(c).
(2) Exception.--Paragraph (1) shall not apply in a
situation requiring action to avoid irreversible loss
of natural resources or to prevent or reduce any
continuing danger to natural resources or similar need
for emergency action.
(k) Preference for Private Persons in Area Affected by
Discharge.--
(1) In general.--In the expenditure of Federal funds
for removal of oil, including for distribution of
supplies, construction, and other reasonable and
appropriate activities, under a contract or agreement
with a private person, preference shall be given, to
the extent feasible and practicable, to private persons
residing or doing business primarily in the area
affected by the discharge of oil.
(2) Limitation.--This subsection shall not be
considered to restrict the use of Department of Defense
resources.
(l) Reports.--
(1) In general.--Each year, on the date on which the
President submits to Congress a budget under section
1105 of title 31, United States Code, the President,
through the Secretary of the Department in which the
Coast Guard is operating, shall--
(A) provide a report on disbursements for the
preceding fiscal year from the Fund, regardless
of whether those disbursements were subject to
annual appropriations, to--
(i) the Senate Committee on Commerce,
Science, and Transportation; and
(ii) the House of Representatives
Committee on Transportation and
Infrastructure; and
(B) make the report available to the public
on the National Pollution Funds Center Internet
website.
(2) Contents.--The report shall include--
(A) a list of each incident that--
(i) occurred in the preceding fiscal
year; and
(ii) resulted in disbursements from
the Fund, for removal costs and
damages, totaling $500,000 or more;
(B) a list of each incident that--
(i) occurred in the fiscal year
preceding the preceding fiscal year;
and
(ii) resulted in disbursements from
the Fund, for removal costs and
damages, totaling $500,000 or more; and
(C) an accounting of any amounts reimbursed
to the Fund in the preceding fiscal year that
were recovered from a responsible party for an
incident that resulted in disbursements from
the Fund, for removal costs and damages,
totaling $500,000 or more.
(3) Agency recordkeeping.--Each Federal agency that
receives amounts from the Fund shall maintain records
describing the purposes for which such funds were
obligated or expended in such detail as the Secretary
may require for purposes of the report required under
paragraph (1).
SEC. 1013. CLAIMS PROCEDURE.
(a) Presentation.--Except as provided in subsection (b), all
claims for removal costs or damages shall be presented first to
the responsible party or guarantor of the source designated
under section 1014(a).
(b) Presentation to Fund.--
(1) In general.--Claims for removal costs or damages
may be presented first to the Fund--
(A) if the President has advertised or
otherwise notified claimants in accordance with
section 1014(c);
(B) by a responsible party who may assert a
claim under section 1008;
(C) by the Governor of a State for removal
costs incurred by that State; or
(D) by a United States claimant in a case
where a foreign offshore unit has discharged
oil causing damage for which the Fund is liable
under section 1012(a).
(2) Limitation on presenting claim.--No claim of a
person against the Fund may be approved or certified
during the pendency of an action by the person in court
to recover costs which are the subject of the claim.
(c) Election.--If a claim is presented in accordance with
subsection (a) and--
(1) each person to whom the claim is presented denies
all liability for the claim, or
(2) the claim is not settled by any person by payment
within 90 days after the date upon which (A) the claim
was presented, or (B) advertising was begun pursuant to
section 1014(b), whichever is later,
the claimant may elect to commence an action in court against
the responsible party or guarantor or to present the claim to
the Fund.
(d) Uncompensated Damages.--If a claim is presented in
accordance with this section, including a claim for interim,
short-term damages representing less than the full amount of
damages to which the claimant ultimately may be entitled, and
full and adequate compensation is unavailable, a claim for the
uncompensated damages and removal costs may be presented to the
Fund.
(e) Procedure for Claims Against Fund.--The President shall
promulgate, and may from time to time amend, regulations for
the presentation, filing, processing, settlement, and
adjudication of claims under this Act against the Fund.
[(f) Loan Program.--
[(1) In general.--The President shall establish a
loan program under the Fund to provide interim
assistance to fishermen and aquaculture producer
claimants during the claims procedure.
[(2) Eligibility for loan.--A loan may be made under
paragraph (1) only to a fisherman or aquaculture
producer that--
[(A) has incurred damages for which claims
are authorized under section 1002;
[(B) has made a claim pursuant to this
section that is pending; and
[(C) has not received an interim payment
under section 1005(a) for the amount of the
claim, or part thereof, that is pending.
[(3) Terms and conditions of loans.--A loan awarded
under paragraph (1)--
[(A) shall have flexible terms, as determined
by the President;
[(B) shall be for a period ending on the
later of--
[(i) the date that is 5 years after
the date on which the loan is made; or
[(ii) the date on which the fisherman
or aquaculture producer receives
payment for the claim to which the loan
relates under the procedure established
by subsections (a) through (e) of this
section; and
[(C) shall be at a low interest rate, as
determined by the President.]
* * * * * * *
----------
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
* * * * * * *
TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM
* * * * * * *
SEC. 305. OTHER REQUIREMENTS AND AUTHORITY.
(a) Gear Evaluation and Notification of Entry.--
(1) Not later than 18 months after the date of
enactment of the Sustainable Fisheries Act, the
Secretary shall publish in the Federal Register, after
notice and an opportunity for public comment, a list of
all fisheries--
(A) under the authority of each Council and
all fishing gear used in such fisheries, based
on information submitted by the Councils under
section 303(a); and
(B) to which section 302(a)(3) applies and
all fishing gear used in such fisheries.
(2) The Secretary shall include with such list
guidelines for determining when fishing gear or a
fishery is sufficiently different from those listed as
to require notification under paragraph (3).
(3) Effective 180 days after the publication of such
list, no person or vessel may employ fishing gear or
engage in a fishery not included on such list without
giving 90 days advance written notice to the
appropriate Council, or the Secretary with respect to a
fishery to which section 302(a)(3) applies. A signed
return receipt shall serve as adequate evidence of such
notice and as the date upon which the 90-day period
begins.
(4) A Council may submit to the Secretary any
proposed changes to such list or such guidelines the
Council deems appropriate. The Secretary shall publish
a revised list, after notice and an opportunity for
public comment, upon receiving any such proposed
changes from a Council.
(5) A Council may request the Secretary to promulgate
emergency regulations under subsection (c) to prohibit
any persons or vessels from using an unlisted fishing
gear or engaging in an unlisted fishery if the
appropriate Council, or the Secretary for fisheries to
which section 302(a)(3) applies, determines that such
unlisted gear or unlisted fishery would compromise the
effectiveness of conservation and management efforts
under this Act.
(6) Nothing in this subsection shall be construed to
permit a person or vessel to engage in fishing or
employ fishing gear when such fishing or gear is
prohibited or restricted by regulation under a fishery
management plan or plan amendment, or under other
applicable law.
(b) Fish Habitat.--(1)(A) The Secretary shall, within 6
months of the date of enactment of the Sustainable Fisheries
Act, establish by regulation guidelines to assist the Councils
in the description and identification of essential fish habitat
in fishery management plans (including adverse impacts on such
habitat) and in the consideration of actions to ensure the
conservation and enhancement of such habitat. The Secretary
shall set forth a schedule for the amendment of fishery
management plans to include the identification of essential
fish habitat and for the review and updating of such
identifications based on new scientific evidence or other
relevant information.
(B) The Secretary, in consultation with participants in the
fishery, shall provide each Council with recommendations and
information regarding each fishery under that Council's
authority to assist it in the identification of essential fish
habitat, the adverse impacts on that habitat, and the actions
that should be considered to ensure the conservation and
enhancement of that habitat.
(C) The Secretary shall review programs administered by the
Department of Commerce and ensure that any relevant programs
further the conservation and enhancement of essential fish
habitat.
(D) The Secretary shall coordinate with and provide
information to other Federal agencies to further the
conservation and enhancement of essential fish habitat.
(2) Each Federal agency shall consult with the Secretary with
respect to any action authorized, funded, or undertaken, or
proposed to be authorized, funded, or undertaken, by such
agency that may adversely affect any essential fish habitat
identified under this Act.
(3) Each Council--
(A) may comment on and make recommendations to the
Secretary and any Federal or State agency concerning
any activity authorized, funded, or undertaken, or
proposed to be authorized, funded, or undertaken, by
any Federal or State agency that, in the view of the
Council, may affect the habitat, including essential
fish habitat, of a fishery resource under its
authority; and
(B) shall comment on and make recommendations to the
Secretary and any Federal or State agency concerning
any such activity that, in the view of the Council, is
likely to substantially affect the habitat, including
essential fish habitat, of an anadromous fishery
resource under its authority.
(4)(A) If the Secretary receives information from a Council
or Federal or State agency or determines from other sources
that an action authorized, funded, or undertaken, or proposed
to be authorized, funded, or undertaken, by any State or
Federal agency would adversely affect any essential fish
habitat identified under this Act, the Secretary shall
recommend to such agency measures that can be taken by such
agency to conserve such habitat.
(B) Within 30 days after receiving a recommendation under
subparagraph (A), a Federal agency shall provide a detailed
response in writing to any Council commenting under paragraph
(3) and the Secretary regarding the matter. The response shall
include a description of measures proposed by the agency for
avoiding, mitigating, or offsetting the impact of the activity
on such habitat. In the case of a response that is inconsistent
with the recommendations of the Secretary, the Federal agency
shall explain its reasons for not following the
recommendations.
(c) Emergency Actions and Interim Measures.--(1) If the
Secretary finds that an emergency or overfishing exists or that
interim measures are needed to reduce overfishing for any
fishery, he may promulgate emergency or overfishing regulations
or interim measures necessary to address the emergency or
overfishing, without regard to whether a fishery management
plan exists for such fishery.
(2) If a Council finds that an emergency or overfishing
exists or that interim measures are needed to reduce
overfishing for any fishery within its jurisdiction, whether or
not a fishery management plan exists for such fishery--
(A) the Secretary shall promulgate emergency or
overfishing regulations or interim measures under
paragraph (1) to address the emergency or overfishing
if the Council, by unanimous vote of the members who
are voting members, requests the taking of such action;
and
(B) the Secretary may promulgate emergency or
overfishing regulations or interim measures under
paragraph (1) to address the emergency or overfishing
if the Council, by less than a unanimous vote, requests
the taking of such action.
(3) Any emergency regulation or interim measure which changes
any existing fishery management plan or amendment shall be
treated as an amendment to such plan for the period in which
such regulation is in effect. Any emergency regulation or
interim measure promulgated under this subsection--
(A) shall be published in the Federal Register
together with the reasons therefor;
(B) shall, except as provided in subparagraph (C),
remain in effect for not more than 180 days after the
date of publication, and may be extended by publication
in the Federal Register for one additional period of
not more than 186 days, provided the public has had an
opportunity to comment on the emergency regulation or
interim measure, and, in the case of a Council
recommendation for emergency regulations or interim
measures, the Council is actively preparing a fishery
management plan, plan amendment, or proposed
regulations to address the emergency or overfishing on
a permanent basis;
(C) that responds to a public health emergency or an
oil spill may remain in effect until the circumstances
that created the emergency no longer exist,Provided,
That the public has an opportunity to comment after the
regulation is published, and, in the case of a public
health emergency, the Secretary of Health and Human
Services concurs with the Secretary's action; and
(D) may be terminated by the Secretary at an earlier
date by publication in the Federal Register of a notice
of termination, except for emergency regulations or
interim measures promulgated under paragraph (2) in
which case such early termination may be made only upon
the agreement of the Secretary and the Council
concerned.
(d) Responsibility of the Secretary.--The Secretary shall
have general responsibility to carry out any fishery management
plan or amendment approved or prepared by him, in accordance
with the provisions of this Act. The Secretary may promulgate
such regulations, in accordance with section 553 of title 5,
United States Code, as may be necessary to discharge such
responsibility or to carry out any other provision of this Act.
(e) Effect of Certain Laws on Certain Time Requirements.--The
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and
Executive Order Numbered 12866, dated September 30, 1993, shall
be complied with within the time limitations specified in
subsections (a), (b), and (c) of section 304 as they apply to
the functions of the Secretary under such provisions.
(f) Judicial Review.--(1) Regulations promulgated by the
Secretary under this Act and actions described in paragraph (2)
shall be subject to judicial review to the extent authorized
by, and in accordance with, chapter 7 of title 5, United States
Code, if a petition for such review is filed within 30 days
after the date on which the regulations are promulgated or the
action is published in the Federal Register, as applicable;
except that--
(A) section 705 of such title is not applicable, and
(B) the appropriate court shall only set aside any
such regulation or action on a ground specified in
section 706(2)(A), (B), (C), or (D) of such title.
(2) The actions referred to in paragraph (1) are actions that
are taken by the Secretary under regulations which implement a
fishery management plan, including but not limited to actions
that establish the date of closure of a fishery to commercial
or recreational fishing.
(3)(A) Notwithstanding any other provision of law, the
Secretary shall file a response to any petition filed in
accordance with paragraph (1), not later than 45 days after the
date the Secretary is served with that petition, except that
the appropriate court may extend the period for filing such a
response upon a showing by the Secretary of good cause for that
extension.
(B) A response of the Secretary under this paragraph shall
include a copy of the administrative record for the regulations
that are the subject of the petition.
(4) Upon a motion by the person who files a petition under
this subsection, the appropriate court shall assign the matter
for hearing at the earliest possible date and shall expedite
the matter in every possible way.
(g) Negotiated Conservation and Management Measures.--
(1)(A) In accordance with regulations promulgated by
the Secretary pursuant to this paragraph, a Council may
establish a fishery negotiation panel to assist in the
development of specific conservation and management
measures for a fishery under its authority. The
Secretary may establish a fishery negotiation panel to
assist in the development of specific conservation and
management measures required for a fishery under
section 304(e)(5), for a fishery for which the
Secretary has authority under section 304(g), or for
any other fishery with the approval of the appropriate
Council.
(B) No later than 180 days after the date of
enactment of the Sustainable Fisheries Act, the
Secretary shall promulgate regulations establishing
procedures, developed in cooperation with the
Administrative Conference of the United States, for the
establishment and operation of fishery negotiation
panels. Such procedures shall be comparable to the
procedures for negotiated rulemaking established by
subchapter III of chapter 5 of title 5, United States
Code.
(2) If a negotiation panel submits a report, such
report shall specify all the areas where consensus was
reached by the panel, including, if appropriate,
proposed conservation and management measures, as well
as any other information submitted by members of the
negotiation panel. Upon receipt, the Secretary shall
publish such report in the Federal Register for public
comment.
(3) Nothing in this subsection shall be construed to
require either a Council or the Secretary, whichever is
appropriate, to use all or any portion of a report from
a negotiation panel established under this subsection
in the development of specific conservation and
management measures for the fishery for which the panel
was established.
(h) Central Registry System for Limited Access System
Permits.--
(1) Within 6 months after the date of enactment of
the Sustainable Fisheries Act, the Secretary shall
establish an exclusive central registry system (which
may be administered on a regional basis) for limited
access system permits established under section
303(b)(6) or other Federal law, including limited
access privileges, which shall provide for the
registration of title to, and interests in, such
permits, as well as for procedures for changes in the
registration of title to such permits upon the
occurrence of involuntary transfers, judicial or
nonjudicial foreclosure of interests, enforcement of
judgments thereon, and related matters deemed
appropriate by the Secretary. Such registry system
shall--
(A) provide a mechanism for filing notice of
a nonjudicial foreclosure or enforcement of a
judgment by which the holder of a senior
security interest acquires or conveys ownership
of a permit, and in the event of a nonjudicial
foreclosure, by which the interests of the
holders of junior security interests are
released when the permit is transferred;
(B) provide for public access to the
information filed under such system,
notwithstanding section 402(b); and
(C) provide such notice and other
requirements of applicable law that the
Secretary deems necessary for an effective
registry system.
(2) The Secretary shall promulgate such regulations
as may be necessary to carry out this subsection, after
consulting with the Councils and providing an
opportunity for public comment. The Secretary is
authorized to contract with non-Federal entities to
administer the central registry system.
(3) To be effective and perfected against any person
except the transferor, its heirs and devisees, and
persons having actual notice thereof, all security
interests, and all sales and other transfers of permits
described in paragraph (1), shall be registered in
compliance with the regulations promulgated under
paragraph (2). Such registration shall constitute the
exclusive means of perfection of title to, and security
interests in, such permits, except for Federal tax
liens thereon, which shall be perfected exclusively in
accordance with the Internal Revenue Code of 1986 (26
U.S.C. 1 et seq.). The Secretary shall notify both the
buyer and seller of a permit if a lien has been filed
by the Secretary of the Treasury against the permit
before collecting any transfer fee under paragraph (5)
of this subsection.
(4) The priority of security interests shall be
determined in order of filing, the first filed having
the highest priority. A validly-filed security interest
shall remain valid and perfected notwithstanding a
change in residence or place of business of the owner
of record. For the purposes of this subsection,
``security interest'' shall include security interests,
assignments, liens and other encumbrances of whatever
kind.
(5)(A) Notwithstanding section 304(d)(1), the
Secretary shall collect a reasonable fee of not more
than one-half of one percent of the value of a limited
access system permit upon registration of the title to
such permit with the central registry system and upon
the transfer of such registered title. Any such fee
collected shall be deposited in the Limited Access
System Administration Fund established under
subparagraph (B).
(B) There is established in the Treasury a Limited
Access System Administration Fund. The Fund shall be
available, without appropriation or fiscal year
limitation, only to the Secretary for the purposes of--
(i) administering the central registry
system; and
(ii) administering and implementing this Act
in the fishery in which the fees were
collected. Sums in the Fund that are not
currently needed for these purposes shall be
kept on deposit or invested in obligations of,
or guaranteed by, the United States.
(i) Alaska and Western Pacific Community Development
Programs.--
(1) Western alaska community development quota
program.--
(A) In general.--There is established the
western Alaska community development quota
program in order--
(i) to provide eligible western
Alaska villages with the opportunity to
participate and invest in fisheries in
the Bering Sea and Aleutian Islands
Management Area;
(ii) to support economic development
in western Alaska;
(iii) to alleviate poverty and
provide economic and social benefits
for residents of western Alaska; and
(iv) to achieve sustainable and
diversified local economies in western
Alaska.
(B) Program allocation.--
(i) In general.--Except as provided
in clause (ii), the annual percentage
of the total allowable catch, guideline
harvest level, or other annual catch
limit allocated to the program in each
directed fishery of the Bering Sea and
Aleutian Islands shall be the
percentage approved by the Secretary,
or established by Federal law, as of
March 1, 2006, for the program. The
percentage for each fishery shall be
either a directed fishing allowance or
include both directed fishing and
nontarget needs based on existing
practice with respect to the program as
of March 1, 2006, for each fishery.
(ii) Exceptions.--Notwithstanding
clause (i)--
(I) the allocation under the
program for each directed
fishery of the Bering Sea and
Aleutian Islands (other than a
fishery for halibut, sablefish,
pollock, and crab) shall be a
total allocation (directed and
nontarget combined) of 10.7
percent effective January 1,
2008; and
(II) the allocation under the
program in any directed fishery
of the Bering Sea and Aleutian
Islands (other than a fishery
for halibut, sablefish,
pollock, and crab) established
after the date of enactment of
this subclause shall be a total
allocation (directed and
nontarget combined) of 10.7
percent.
The total allocation (directed and
nontarget combined) for a fishery to
which subclause (I) or (II) applies may
not be exceeded.
(iii) Processing and other rights.--
Allocations to the program include all
processing rights and any other rights
and privileges associated with such
allocations as of March 1, 2006.
(iv) Regulation of harvest.--The
harvest of allocations under the
program for fisheries with individual
quotas or fishing cooperatives shall be
regulated by the Secretary in a manner
no more restrictive than for other
participants in the applicable sector,
including with respect to the harvest
of nontarget species.
(C) Allocations to entities.--Each entity
eligible to participate in the program shall be
authorized under the program to harvest
annually the same percentage of each species
allocated to the program under subparagraph (B)
that it was authorized by the Secretary to
harvest of such species annually as of March 1,
2006, except to the extent that its allocation
is adjusted under subparagraph (H). Such
allocation shall include all processing rights
and any other rights and privileges associated
with such allocations as of March 1, 2006.
Voluntary transfers by and among eligible
entities shall be allowed, whether before or
after harvesting. Notwithstanding the first
sentence of this subparagraph, seven-tenths of
one percent of the total allowable catch,
guideline harvest level, or other annual catch
limit, within the amount allocated to the
program by subclause (I) or subclause (II) of
subparagraph (B)(ii), shall be allocated among
the eligible entities by the panel established
in subparagraph (G), or allocated by the
Secretary based on the nontarget needs of
eligible entities in the absence of a panel
decision.
(D) Eligible villages.--The following
villages shall be eligible to participate in
the program through the following entities:
(i) The villages of Akutan, Atka,
False Pass, Nelson Lagoon, Nikolski,
and Saint George through the Aleutian
Pribilof Island Community Development
Association.
(ii) The villages of Aleknagik,
Clark's Point, Dillingham, Egegik,
Ekuk, Ekwok, King Salmon/Savonoski,
Levelock, Manokotak, Naknek, Pilot
Point, Port Heiden, Portage Creek,
South Naknek, Togiak, Twin Hills, and
Ugashik through the Bristol Bay
Economic Development Corporation.
(iii) The village of Saint Paul
through the Central Bering Sea
Fishermen's Association.
(iv) The villages of Chefornak,
Chevak, Eek, Goodnews Bay, Hooper Bay,
Kipnuk, Kongiganak, Kwigillingok,
Mekoryuk, Napakiak, Napaskiak, Newtok,
Nightmute, Oscarville, Platinum,
Quinhagak, Scammon Bay, Toksook Bay,
Tuntutuliak, and Tununak through the
Coastal Villages Region Fund.
(v) The villages of Brevig Mission,
Diomede, Elim, Gambell, Golovin, Koyuk,
Nome, Saint Michael, Savoonga,
Shaktoolik, Stebbins, Teller,
Unalakleet, Wales, and White Mountain
through the Norton Sound Economic
Development Corporation.
(vi) The villages of Alakanuk,
Emmonak, Grayling, Kotlik, Mountain
Village, and Nunam Iqua through the
Yukon Delta Fisheries Development
Association.
(E) Eligibility requirements for
participating entities.--To be eligible to
participate in the program, an entity referred
to in subparagraph (D) shall meet the following
requirements:
(i) Board of directors.--The entity
shall be governed by a board of
directors. At least 75 percent of the
members of the board shall be resident
fishermen from the entity's member
villages. The board shall include at
least one director selected by each
such member village.
(ii) Panel representative.--The
entity shall elect a representative to
serve on the panel established by
subparagraph (G).
(iii) Other investments.--The entity
may make up to 20 percent of its annual
investments in any combination of the
following:
(I) For projects that are not
fishery-related and that are
located in its region.
(II) On a pooled or joint
investment basis with one or
more other entities
participating in the program
for projects that are not
fishery-related and that are
located in one or more of their
regions.
(III) For matching Federal or
State grants for projects or
programs in its member villages
without regard to any
limitation on the Federal or
State share, or restriction on
the source of any non-Federal
or non-State matching funds, of
any grant program under any
other provision of law.
(iv) Fishery-related investments.--
The entity shall make the remainder
percent of its annual investments in
fisheries-related projects or for other
purposes consistent with the practices
of the entity prior to March 1, 2006.
(v) Annual statement of compliance.--
Each year the entity, following
approval by its board of directors and
signed by its chief executive officer,
shall submit a written statement to the
Secretary and the State of Alaska that
summarizes the purposes for which it
made investments under clauses (iii)
and (iv) during the preceding year.
(vi) Other panel requirements.--The
entity shall comply with any other
requirements established by the panel
under subparagraph (G).
(F) Entity status, limitations, and
regulation.--The entity--
(i) shall be subject to any excessive
share ownership, harvesting, or
processing limitations in the fisheries
of the Bering Sea and Aleutian Islands
Management Area only to the extent of
the entity's proportional ownership,
excluding any program allocations, and
notwithstanding any other provision of
law;
(ii) shall comply with State of
Alaska law requiring annual reports to
the entity's member villages
summarizing financial operations for
the previous calendar year, including
general and administrative costs and
compensation levels of the top 5
highest paid personnel;
(iii) shall comply with State of
Alaska laws to prevent fraud that are
administered by the Alaska Division of
Banking and Securities, except that the
entity and the State shall keep
confidential from public disclosure any
information if the disclosure would be
harmful to the entity or its
investments; and
(iv) is exempt from compliance with
any State law requiring approval of
financial transactions, community
development plans, or amendments
thereto, except as required by
subparagraph (H).
(G) Administrative panel.--
(i) Establishment.--There is
established a community development
quota program panel.
(ii) Membership.--The panel shall
consist of 6 members. Each entity
participating in the program shall
select one member of the panel.
(iii) Functions.--The panel shall--
(I) administer those aspects
of the program not otherwise
addressed in this paragraph,
either through private
contractual arrangement or
through recommendations to the
North Pacific Council, the
Secretary, or the State of
Alaska, as the case may be; and
(II) coordinate and
facilitate activities of the
entities under the program.
[(iv) Unanimity required.--The panel
may act only by unanimous vote of all 6
members of the panel and may not act if
there is a vacancy in the membership of
the panel.]
(iv) Voting requirement.--The panel
may act only by the affirmative vote of
at least five of its members.
(H) Decennial review and adjustment of entity
allocations.--
(i) In general.--During calendar year
2012 and every 10 years thereafter, the
State of Alaska shall evaluate the
performance of each entity
participating in the program based on
the criteria described in clause (ii).
(ii) Criteria.--The panel shall
establish a system to be applied under
this subparagraph that allows each
entity participating in the program to
assign relative values to the following
criteria to reflect the particular
needs of its villages:
(I) Changes during the
preceding 10-year period in
population, poverty level, and
economic development in the
entity's member villages.
(II) The overall financial
performance of the entity,
including fishery and
nonfishery investments by the
entity.
(III) Employment,
scholarships, and training
supported by the entity.
(IV) Achieving of the goals
of the entity's community
development plan.
(iii) Adjustment of allocations.--
After the evaluation required by clause
(i), the State of Alaska shall make a
determination, on the record and after
an opportunity for a hearing, with
respect to the performance of each
entity participating in the program for
the criteria described in clause (ii).
If the State determines that the entity
has maintained or improved its overall
performance with respect to the
criteria, the allocation to such entity
under the program shall be extended by
the State for the next 10-year period.
If the State determines that the entity
has not maintained or improved its
overall performance with respect to the
criteria--
(I) at least 90 percent of
the entity's allocation for
each species under subparagraph
(C) shall be extended by the
State for the next 10-year
period; and
(II) the State may determine,
or the Secretary may determine
(if State law prevents the
State from making the
determination), and implement
an appropriate reduction of up
to 10 percent of the entity's
allocation for each species
under subparagraph (C) for all
or part of such 10-year period.
(iv) Reallocation of reduced
amount.--If the State or the Secretary
reduces an entity's allocation under
clause (iii), the reduction shall be
reallocated among other entities
participating in the program whose
allocations are not reduced during the
same period in proportion to each such
entity's allocation of the applicable
species under subparagraph (C).
(I) Secretarial approval not required.--
Notwithstanding any other provision of law or
regulation thereunder, the approval by the
Secretary of a community development plan, or
an amendment thereof, under the program is not
required.
(J) Community development plan defined.--In
this paragraph, the term ``community
development plan'' means a plan, prepared by an
entity referred to in subparagraph (D), for the
program that describes how the entity intends--
(i) to harvest its share of fishery
resources allocated to the program, or
(ii) to use its share of fishery
resources allocated to the program, and
any revenue derived from such use, to
assist its member villages with
projects to advance economic
development,
but does not include a plan that allocates
fishery resources to the program.
(2)(A) The Western Pacific Council and the Secretary
may establish a western Pacific community development
program for any fishery under the authority of such
Council in order to provide access to such fishery for
western Pacific communities that participate in the
program.
(B) To be eligible to participate in the western
Pacific community development program, a community
shall--
(i) be located within the Western Pacific
Regional Fishery Management Area;
(ii) meet criteria developed by the Western
Pacific Council, approved by the Secretary and
published in the Federal Register;
(iii) consist of community residents who are
descended from the aboriginal people indigenous
to the area who conducted commercial or
subsistence fishing using traditional fishing
practices in the waters of the Western Pacific
region;
(iv) not have previously developed harvesting
or processing capability sufficient to support
substantial participation in fisheries in the
Western Pacific Regional Fishery Management
Area; and
(v) develop and submit a Community
Development Plan to the Western Pacific Council
and the Secretary.
(C) In developing the criteria for eligible
communities under subparagraph (B)(ii), the Western
Pacific Council shall base such criteria on traditional
fishing practices in or dependence on the fishery, the
cultural and social framework relevant to the fishery,
and economic barriers to access to the fishery.
(D) For the purposes of this subsection ``Western
Pacific Regional Fishery Management Area'' means the
area under the jurisdiction of the Western Pacific
Council, or an island within such area.
(E) Notwithstanding any other provision of this Act,
the Western Pacific Council shall take into account
traditional indigenous fishing practices in preparing
any fishery management plan.
(3) The Secretary shall deduct from any fees
collected from a community development quota program
under section 304(d)(2) the costs incurred by
participants in the program for observer and reporting
requirements which are in addition to observer and
reporting requirements of other participants in the
fishery in which the allocation to such program has
been made.
(4) After the date of enactment of the Sustainable
Fisheries Act, the North Pacific Council and Western
Pacific Council may not submit to the Secretary a
community development quota program that is not in
compliance with this subsection.
(j) Western Pacific and Northern Pacific Regional Marine
Education and Training.--
(1) In general.--The Secretary shall establish a
pilot program for regionally-based marine education and
training programs in the Western Pacific and the
Northern Pacific to foster understanding, practical use
of knowledge (including native Hawaiian, Alaskan
Native, and other Pacific Islander-based knowledge),
and technical expertise relevant to stewardship of
living marine resources. The Secretary shall, in
cooperation with the Western Pacific and the North
Pacific Regional Fishery Management Councils, regional
educational institutions, and local Western Pacific and
Northern Pacific community training entities, establish
programs or projects that will improve communication,
education, and training on marine resource issues
throughout the region and increase scientific education
for marine-related professions among coastal community
residents, including indigenous Pacific islanders,
Native Hawaiians, Alaskan Natives, and other
underrepresented groups in the region.
(2) Program components.--The program shall--
(A) include marine science and technology
education and training programs focused on
preparing community residents for employment in
marine related professions, including marine
resource conservation and management, marine
science, marine technology, and maritime
operations;
(B) include fisheries and seafood-related
training programs, including programs for
fishery observers, seafood safety and seafood
marketing, focused on increasing the
involvement of coastal community residents in
fishing, fishery management, and seafood-
related operations;
(C) include outreach programs and materials
to educate and inform consumers about the
quality and sustainability of wild fish or fish
products farmed through responsible
aquaculture, particularly in Hawaii, Alaska,
the Western Pacific, the Northern Pacific, and
the Central Pacific;
(D) include programs to identify, with the
fishing industry, methods and technologies that
will improve the data collection, quality, and
reporting and increase the sustainability of
fishing practices, and to transfer such methods
and technologies among fisheries sectors and to
other nations in the Western, Northern, and
Central Pacific;
(E) develop means by which local and
traditional knowledge (including Pacific
islander, Native Hawaiian, and Alaskan Native
knowledge) can enhance science-based management
of fishery resources of the region; and
(F) develop partnerships with other Western
Pacific Island and Alaskan agencies, academic
institutions, and other entities to meet the
purposes of this section.
(k) Multispecies Groundfish.--
(1) In general.--Within 60 days after the date of
enactment of the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006, the
Secretary of Commerce shall determine whether fishing
in State waters--
(A) without a New England multispecies
groundfish fishery permit on regulated species
within the multispecies complex is not
consistent with the applicable Federal fishery
management plan; or
(B) without a Federal bottomfish and seamount
groundfish permit in the Hawaiian archipelago
on regulated species within the complex is not
consistent with the applicable Federal fishery
management plan or State data are not
sufficient to make such a determination.
(2) Cure.--If the Secretary makes a determination
that such actions are not consistent with the plan, the
Secretary shall, in consultation with the Council, and
after notifying the affected State, develop and
implement measures to cure the inconsistency pursuant
to section 306(b).
* * * * * * *
----------
SECTION 215 OF THE COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2004
[SEC. 215. REDISTRICTING NOTIFICATION REQUIREMENT.
[The Commandant shall notify the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate at least 180 days before--
[(1) implementing any plan to reduce the number of,
change the location of, or change the geographic area
covered by any existing Coast Guard Districts; or
[(2) permanently transferring more than 10 percent of
the personnel or equipment from a district office where
such personnel or equipment is based.]
----------
MARITIME TRANSPORTATION SECURITY ACT OF 2002
* * * * * * *
TITLE II--MARITIME POLICY IMPROVEMENT
* * * * * * *
[SEC. 204. DISCHARGE OF AGRICULTURAL CARGO RESIDUE.
[Notwithstanding any other provision of law, the discharge
from a vessel of any agricultural cargo residue material in the
form of hold washings shall be governed exclusively by the
provisions of the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.) that implement Annex V to the
International Convention for the Prevention of Pollution from
Ships.]
* * * * * * *
TITLE III--COAST GUARD PERSONNEL AND MARITIME SAFETY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Coast Guard Personnel and
Maritime Safety Act of 2002''.
* * * * * * *
Subtitle D--OMNIBUS MARITIME IMPROVEMENTS
* * * * * * *
[SEC. 343. CARIBBEAN SUPPORT TENDER.
[(a) In General.--The Coast Guard is authorized to operate
and maintain a Caribbean Support Tender (or similar type
vessel) to provide technical assistance, including law
enforcement training, for foreign coast guards, navies, and
other maritime services.
[(b) Medical and Dental Care.--(1) The Commandant may provide
medical and dental care to foreign military Caribbean Support
Tender personnel and their dependents accompanying them in the
United States--
[(A) on an outpatient basis without cost; and
[(B) on an inpatient basis if the United States is
reimbursed for the costs of providing such care.
Payments received as reimbursement for the provision of such
care shall be credited to the appropriations against which the
charges were made for the provision of such care.
[(2) Notwithstanding paragraph (1)(B), the Commandant may
provide inpatient medical and dental care in the United States
without cost to foreign military Caribbean Support Tender
personnel and their dependents accompanying them in the United
States if comparable care is made available to a comparable
number of United States military personnel in that foreign
country.]
* * * * * * *
TITLE IV--OMNIBUS MARITIME IMPROVEMENTS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Omnibus Maritime and Coast
Guard Improvements Act of 2002''.
* * * * * * *
[SEC. 406. VHF COMMUNICATIONS SERVICES.
[(a) The Secretary of the department in which the Coast Guard
is operating may authorize a person providing commercial VHF
communications services to place commercial VHF communications
equipment on real property under the administrative control of
the Coast Guard (including towers) subject to any terms agreed
to by the parties. The Secretary and that commercial VHF
communications service provider also may enter into an
agreement providing for VHF communications services to the
Coast Guard (including digital selective calling and radio
direction finding services) at a discounted rate or price based
on providing such access to real property under the
administrative control of the Coast Guard.
[(b) Commercial VHF communication equipment placed on real
property under the administrative control of the Coast Guard
under this section shall not interfere in any manner with any
current or future Coast Guard communication equipment.
[(c) Nothing in this section shall affect the rights or
obligations of the United States under section 704(c) of the
Telecommunications Act of 1996 (47 U.S.C. 332 note) with
respect to the availability of property or under section 359(d)
of the Communications Act of 1934 (47 U.S.C. 357(d)) with
respect to charges for transmission of distress messages.]
* * * * * * *
----------
COAST GUARD AUTHORIZATION ACT OF 2010
* * * * * * *
TITLE II--COAST GUARD
* * * * * * *
[SEC. 217. REPORT ON SEXUAL ASSAULTS IN THE COAST GUARD.
[(a) In General.--Not later than January 15 of each year, the
Commandant of the Coast Guard shall submit a report on the
sexual assaults and incidents of sexual harassment involving
members of the Coast Guard to the Committee on Transportation
and Infrastructure and the Committee on Homeland Security of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
[(b) Contents.--The report required under subsection (a)
shall contain the following:
[(1) The number of sexual assaults and incidents of
sexual harassment against members of the Coast Guard,
and the number of sexual assaults and incidents of
sexual harassment by members of the Coast Guard, that
were reported to military officials during the year
covered by such report, and the number of the cases so
reported that were substantiated.
[(2) A synopsis of, and the disciplinary action taken
in, each substantiated case.
[(3) The policies, procedures, and processes
implemented by the Secretary concerned during the year
covered by such report in response to incidents of
sexual assault and sexual harassment involving members
of the Coast Guard concerned.
[(4) A plan for the actions that are to be taken in
the year following the year covered by such report on
the prevention of and response to sexual assault and
sexual harassment involving members of the Coast Guard
concerned.]
TITLE IV--ACQUISITION REFORM
SEC. 401. CHIEF ACQUISITION OFFICER.
(a) In General.--Chapter 3 of title 14, United States Code,
is further amended by adding at the end the following:
``SEC. 56. CHIEF ACQUISITION OFFICER
``(a) In General.--There shall be in the Coast Guard a Chief
Acquisition Officer selected by the Commandant who shall be a
Rear Admiral or civilian from the Senior Executive Service
(career reserved) and who meets the qualifications set forth
under subsection (b). The Chief Acquisition Officer shall serve
at the Assistant Commandant level and have acquisition
management as that individual's primary duty.
``(b) Qualifications.--
``(1) The Chief Acquisition Officer and any flag
officer serving in the Acquisition Directorate shall be
an acquisition professional with a Level III
acquisition management certification and must have at
least 10 years experience in an acquisition position,
of which at least 4 years were spent as--
``(A) the program executive officer;
``(B) the program manager of a Level 1 or
Level 2 acquisition project or program;
``(C) the deputy program manager of a Level 1
or Level 2 acquisition;
``(D) the project manager of a Level 1 or
Level 2 acquisition; or
``(E) any other acquisition position of
significant responsibility in which the primary
duties are supervisory or management duties.
``(2) The Commandant shall periodically publish a
list of the positions designated under paragraph (1).
``(3) In this subsection each of the terms `Level 1
acquisition' and `Level 2 acquisition' has the meaning
that term has in chapter 15 of this title.
``(c) Functions of the Chief Acquisition Officer.--The
functions of the Chief Acquisition Officer include--
``(1) monitoring the performance of acquisition
projects and programs on the basis of applicable
performance measurements and advising the Commandant,
through the chain of command, regarding the appropriate
business strategy to achieve the missions of the Coast
Guard;
``(2) maximizing the use of full and open competition
at the prime contract and subcontract levels in the
acquisition of property, capabilities, assets, and
services by the Coast Guard by establishing policies,
procedures, and practices that ensure that the Coast
Guard receives a sufficient number of sealed bids or
competitive proposals from responsible sources to
fulfill the Government's requirements, including
performance and delivery schedules, at the lowest cost
or best value considering the nature of the property,
capability, asset, or service procured;
``(3) making acquisition decisions in concurrence
with the technical authority, or technical authorities,
of the Coast Guard, as designated by the Commandant,
consistent with all other applicable laws and decisions
establishing procedures within the Coast Guard;
``(4) ensuring the use of detailed performance
specifications in instances in which performance-based
contracting is used;
``(5) managing the direction of acquisition policy
for the Coast Guard, including implementation of the
unique acquisition policies, regulations, and standards
of the Coast Guard;
``(6) developing and maintaining an acquisition
career management program in the Coast Guard to ensure
that there is an adequate acquisition workforce;
``(7) assessing the requirements established for
Coast Guard personnel regarding knowledge and skill in
acquisition resources and management and the adequacy
of such requirements for facilitating the achievement
of the performance goals established for acquisition
management;
``(8) developing strategies and specific plans for
hiring, training, and professional development; and
``(9) reporting to the Commandant, through the chain
of command, on the progress made in improving
acquisition management capability.''.
(b) Clerical Amendment.--The table of contents for chapter 3
of title 14, United States Code, is amended by adding at the
end the following:
``56. Chief Acquisition Officer.''.
(c) Selection Deadline.--As soon as practicable after the
date of enactment of this Act, but no later than October 1,
2011, the Commandant of the Coast Guard shall select a Chief
Acquisition Officer under section 56 of title 14, United States
Code, as amended by this section.
(d) Special Rate Supplements.--
(1) Requirement to establish.--Not later than 1 year
after the date of enactment of this Act and in
accordance with part 9701.333 of title 5, Code of
Federal Regulations,
the Commandant of the Coast Guard shall establish
special rate supplements that provide higher pay levels
for employees necessary to carry out the amendment made
by this section.
(2) Subject to appropriations.--The requirement under
paragraph (1) is subject to the availability of
appropriations.
[(e) Elevation of Disputes to the Chief Acquisition
Officer.--If, after 90 days following the elevation to the
Chief Acquisition Officer of any design or other dispute
regarding Level 1 or Level 2 acquisition, the dispute remains
unresolved, the Commandant shall provide to the appropriate
congressional committees a detailed description of the issue
and the rationale underlying the decision taken by the Chief
Acquisition Officer to resolve the issue.]
* * * * * * *
----------
SECTION 7 OF THE RIVERS AND HARBORS APPROPRIATIONS ACT OF 1915
[Sec. 7. (a) In General.--The Secretary of Homeland Security
is authorized, empowered, and directed to define and establish
anchorage grounds for vessels in all harbors, rivers, bays, and
other navigable waters of the United States whenever it is
manifest to the said Secretary that the maritime or commercial
interests of the United States require such anchorage grounds
for safe navigation and the establishment of such anchorage
grounds shall have been recommended by the Chief of Engineers,
and to adopt suitable rules and regulations in relation
thereto; and such rules and regulations shall be enforced by
the Revenue-Cutter Service under the direction of the Secretary
of the Treasury: Provided, That at ports or places where there
is no revenue cutter available such rules and regulations may
be enforced by the Chief of Engineers under the direction of
the Secretary of Homeland Security. In the event of the
violation of any such rules and regulations by the owner,
master, or person in charge of any vessel, such owner, master,
or person in charge of such vessel shall be liable to a penalty
of up to $10,000. Each day during which a violation continues
shall constitute a separate violation. The said vessel may be
holden for the payment of such penalty, and may be seized and
proceeded against summarily by libel for the recovery of the
same in any United States district court for the district
within which such vessel may be and in the name of the officer
designated by the Secretary of Homeland Security.
[(b) Definition.--As used in this section ``navigable waters
of the United States'' includes all waters of the territorial
sea of the United States as described in Presidential
Proclamation No. 5928 of December 27, 1988.]
----------
ACT TO PREVENT POLLUTION FROM SHIPS
* * * * * * *
Sec. 3. (a) This Act shall apply--
(1) to a ship of United States registry or
nationality, or one operated under the authority of the
United States, wherever located;
(2) with respect to Annexes I and II to the
Convention, to a ship, other than a ship referred to in
paragraph (1), while in the navigable waters of the
United States;
(3) with respect to the requirements of Annex V to
the Convention, to a ship, other than a ship referred
to in paragraph (1), while in the navigable waters or
the exclusive economic zone of the United States;
(4) with respect to regulations prescribed under
section 6 of this Act, any port or terminal in the
United States; and
(5) with respect to Annex VI to the Convention, and
other than with respect to a ship referred to in
paragraph (1)--
(A) to a ship that is in a port, shipyard,
offshore terminal, or the internal waters of
the United States;
(B) to a ship that is bound for, or departing
from, a port, shipyard, offshore terminal, or
the internal waters of the United States, and
is in--
(i) the navigable waters or the
exclusive economic zone of the United
States;
(ii) an emission control area
designated pursuant to section 4; or
(iii) any other area that the
Administrator, in consultation with the
Secretary and each State in which any
part of the area is located, has
designated by order as being an area
from which emissions from ships are of
concern with respect to protection of
public health, welfare, or the
environment;
(C) to a ship that is entitled to fly the
flag of, or operating under the authority of, a
party to Annex VI, and is in--
(i) the navigable waters or the
exclusive economic zone of the United
States;
(ii) an emission control area
designated under section 4; or
(iii) any other area that the
Administrator, in consultation with the
Secretary and each State in which any
part of the area is located, has
designated by order as being an area
from which emissions from ships are of
concern with respect to protection of
public health, welfare, or the
environment; and
(D) to any other ship, to the extent that,
and in the same manner as, such ship may be
boarded by the Secretary to implement or
enforce any other law of the United States or
Annex I, II, or V of the Convention, and is
in--
(i) the exclusive economic zone of
the United States;
(ii) the navigable waters of the
United States;
(iii) an emission control area
designated under section 4; or
(iv) any other area that the
Administrator, in consultation with the
Secretary and each State in which any
part of the area is located, has
designated by order as being an area
from which emissions from ships are of
concern with respect to protection of
public health, welfare, or the
environment.
(b)(1) Except as provided in paragraph (3), this Act shall
not apply to--
(A) a ship of the Armed Forces described in paragraph
(2); or
(B) any other ship specifically excluded by the
MARPOL Protocol or the Antarctic Protocol.
(2) A ship described in this paragraph is a ship that is
owned or operated by the Secretary, with respect to the Coast
Guard, or by the Secretary of a military department, and that,
as determined by the Secretary concerned--
(A) has unique military design, construction,
manning, or operating requirements; and
(B) cannot fully comply with the discharge
requirements of Annex V to the Convention because
compliance is not technologically feasible or would
impair the operations or operational capability of the
ship.
(3)(A) Notwithstanding any provision of the MARPOL Protocol,
the requirements of Annex V to the Convention shall apply to
all ships referred to in subsection (a) other than those
described in paragraph (2).
(B) A ship that is described in paragraph (2) shall limit the
discharge into the sea of garbage as follows:
(i) The discharge into the sea of plastics, including
synthetic ropes, synthetic fishing nets, plastic
garbage bags, and incinerator ashes from plastic
products that may contain toxic chemicals or heavy
metals, or the residues thereof, is prohibited.
(ii) Garbage consisting of the following material may
be discharged into the sea, subject to subparagraph
(C):
(I) A non-floating slurry of seawater, paper,
cardboard, or food waste that is capable of
passing through a screen with openings no
larger than 12 millimeters in diameter.
(II) Metal and glass that have been shredded
and bagged (in compliance with clause (i)) so
as to ensure negative buoyancy.
(III) With regard to a submersible,
nonplastic garbage that has been compacted and
weighted to ensure negative buoyancy.
(IV) Ash from incinerators or other thermal
destruction systems not containing toxic
chemicals, heavy metals, or incompletely burned
plastics.
(C)(i) Garbage described in subparagraph (B)(ii)(I) may not
be discharged within 3 nautical miles of land.
(ii) Garbage described in subclauses (II), (III), and (IV) of
subparagraph (B)(ii) may not be discharged within 12 nautical
miles of land.
(D) Notwithstanding subparagraph (C), a ship described in
paragraph (2) that is not equipped with garbage-processing
equipment sufficient to meet the requirements of subparagraph
(B)(ii) may discharge garbage that has not been processed in
accordance with subparagraph (B)(ii) if such discharge occurs
as far as practicable from the nearest land, but in any case
not less than--
(i) 12 nautical miles from the nearest land, in the
case of food wastes and non-floating garbage, including
paper products, cloth, glass, metal, bottles, crockery,
and similar refuse; and
(ii) 25 nautical miles from the nearest land, in the
case of all other garbage.
(E) This paragraph shall not apply when discharge of any
garbage is necessary for the purpose of securing the safety of
the ship, the health of the ship's personnel, or saving life at
sea. In the event that there is such a discharge, the discharge
shall be reported to the Secretary, with respect to the Coast
Guard, or the Secretary concerned.
(F) This paragraph shall not apply during time of war or a
national emergency declared by the President or Congress.
(c) Application to Other Persons.--This Act shall apply to
all persons to the extent necessary to ensure compliance with
Annex VI to the Convention.
(d) Discharges in Special Areas.--(1) Except as provided in
paragraphs (2) and (3), not later than December 31, 2000, all
surface ships owned or operated by the Department of the Navy,
and not later than December 31, 2008, all submersibles owned or
operated by the Department of the Navy, shall comply with the
special area requirements of Regulation 5 of Annex V to the
Convention.
(2)(A) Subject to subparagraph (B), any ship described in
subparagraph (C) may discharge, without regard to the special
area requirements of Regulation 5 of Annex V to the Convention,
the following non-plastic, non-floating garbage:
(i) A slurry of seawater, paper, cardboard, or food
waste that is capable of passing through a screen with
openings no larger than 12 millimeters in diameter.
(ii) Metal and glass that have been shredded and
bagged so as to ensure negative buoyancy.
(iii) With regard to a submersible, nonplastic
garbage that has been compacted and weighted to ensure
negative buoyancy.
(B)(i) Garbage described in subparagraph (A)(i) may not be
discharged within 3 nautical miles of land.
(ii) Garbage described in clauses (ii) and (iii) of
subparagraph (A) may not be discharged within 12 nautical miles
of land.
(C) This paragraph applies to any ship that is owned or
operated by the Department of the Navy that, as determined by
the Secretary of the Navy--
(i) has unique military design, construction,
manning, or operating requirements; and
(ii) cannot fully comply with the special area
requirements of Regulation 5 of Annex V to the
Convention because compliance is not technologically
feasible or would impair the operations or operational
capability of the ship.
(3)(A) Not later than December 31, 2000, the Secretary of the
Navy shall prescribe and publish in the Federal Register
standards to ensure that each ship described in subparagraph
(B) is, to the maximum extent practicable without impairing the
operations or operational capabilities of the ship, operated in
a manner that is consistent with the special area requirements
of Regulation 5 of Annex V to the Convention.
(B) Subparagraph (A) applies to surface ships that are owned
or operated by the Department of the Navy that the Secretary
plans to decommission during the period beginning on January 1,
2001, and ending on December 31, 2005.
(C) At the same time that the Secretary publishes standards
under subparagraph (A), the Secretary shall publish in the
Federal Register a list of the ships covered by subparagraph
(B).
(e) Discharge of Agricultural Cargo Residue.--Notwithstanding
any other provision of law, the discharge from a vessel of any
agricultural cargo residue material in the form of hold
washings shall be governed exclusively by the provisions of the
Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.)
that implement Annex V to the International Convention for the
Prevention of Pollution from Ships.
[(e)] (f) The Secretary or the Administrator, consistent with
section 4 of this Act, shall prescribe regulations applicable
to the ships of a country not a party to the MARPOL Protocol
(or the applicable Annex), including regulations conforming to
and giving effect to the requirements of Annex V and Annex VI
as they apply under subsection (a) of this section, to ensure
that their treatment is not more favorable than that accorded
ships to parties to the MARPOL Protocol.
[(f)] (g) Compliance by Excluded Vessels.--(1) The Secretary
of the Navy shall develop and, as appropriate, support the
development of technologies and practices for solid waste
management aboard ships owned or operated by the Department of
the Navy, including technologies and practices for the
reduction of the waste stream generated aboard such ships, that
are necessary to ensure the compliance of such ships with
subsection (b) of this section.
(2) Notwithstanding any effective date of the application of
this section to a ship, the provisions of Annex V to the
Convention and subsection (b)(3)(B)(i) of this section with
respect to the disposal of plastic shall apply to ships
equipped with plastic processors required for the long-term
collection and storage of plastic aboard ships of the Navy upon
the installation of such processors in such ships.
(3) Except when necessary for the purpose of securing the
safety of the ship, the health of the ship's personnel, or
saving life at sea, it shall be a violation of this Act for a
ship referred to in subsection (b)(1)(A) of this section that
is owned or operated by the Department of the Navy:
(A) With regard to a submersible, to discharge
buoyant garbage or plastic.
(B) With regard to a surface ship, to discharge
plastic contaminated by food during the last 3 days
before the ship enters port.
(C) With regard to a surface ship, to discharge
plastic, except plastic that is contaminated by food,
during the last 20 days before the ship enters port.
(4) The Secretary of Defense shall publish in the Federal
Register:
(A) Beginning on October 1, 1994, and each year
thereafter until October 1, 2000, the amount and nature
of the discharges in special areas, not otherwise
authorized under Annex V to the Convention, during the
preceding year from ships referred to in subsection
(b)(1)(A) of this section owned or operated by the
Department of the Navy.
(B) Beginning on October 1, 1996, and each year
thereafter until October 1, 1998, a list of the names
of such ships equipped with plastic processors pursuant
to section 1003(e) of the National Defense
Authorization Act for Fiscal Year 1994.
[(g)] (h) Waiver Authority.--The President may waive the
effective dates of the requirements set forth in subsection (c)
of this section and in subsection 1003(e) of the National
Defense Authorization Act for Fiscal Year 1994 if the President
determines it to be in the paramount interest of the United
States to do so. Any such waiver shall be for a period not in
excess of one year. The President shall submit to the Congress
each January a report on all waivers from the requirements of
this section granted during the preceding calendar year,
together with the reasons for granting such waivers.
[(h)] (i) The heads of Federal departments and agencies shall
prescribe standards applicable to ships excluded from this Act
by subsection (b)(1) of this section and for which they are
responsible. Standards prescribed under this subsection shall
ensure, so far as is reasonable and practicable without
impairing the operations or operational capabilities of such
ships, that such ships act in a manner consistent with the
MARPOL Protocol.
[(i)] (j) Savings Clause.--Nothing in this section shall be
construed to restrict in a manner inconsistent with
international law navigational rights and freedoms as defined
by United States law, treaty, convention, or customary
international law.
* * * * * * *
----------
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006
* * * * * * *
TITLE III--SHIPPING AND NAVIGATION
* * * * * * *
[SEC. 304. LNG TANKERS.
[(a) Program.--The Secretary of Transportation shall develop
and implement a program to promote the transportation of
liquefied natural gas to and from the United States on United
States flag vessels.
[(b) Amendment to Deepwater Port Act.--Section 4 of the
Deepwater Port Act of 1974 (33 U.S.C. 1503) is amended by
adding at the end the following:
[``(i) To promote the security of the United States, the
Secretary shall give top priority to the processing of a
license under this Act for liquefied natural gas facilities
that will be supplied with liquefied natural gas by United
States flag vessels.''.
[(c) Public Notice of LNG Vessel's Registry and Crew.--
[(1) Plan submitted with application for deepwater
port license.--Section 5(c)(2) of the Deepwater Port
Act of 1974 (33 U.S.C. 1504(c)(2)) is amended--
[(A) by redesignating subparagraphs (K) and
(L) as subparagraphs (L) and (M), respectively;
and
[(B) by inserting after subparagraph (J) the
following:
[``(K) the nation of registry for, and the
nationality or citizenship of officers and crew
serving on board, vessels transporting natural
gas that are reasonably anticipated to be
servicing the deepwater port;''.
[(2) Information to be provided.--When the Coast
Guard is operating as a contributing agency in the
Federal Energy Regulatory Commission's shoreside
licensing process for a liquefied natural gas or
liquefied petroleum gas terminal located on shore or
within State seaward boundaries, the Coast Guard shall
provide to the Commission the information described in
section 5(c)(2)(K) of the Deepwater Port Act of 1974
(33 U.S.C. 1504(c)(2)(K)) with respect to vessels
reasonably anticipated to be servicing that port.
[(d) Report.--Not later than 6 months 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 the
implementation of this section to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.]
* * * * * * *
TITLE IV--MISCELLANEOUS
* * * * * * *
SEC. 421. DISTANT WATER TUNA FLEET.
(a) Manning Requirements.--[Notwithstanding]
(1) In general.--Notwithstanding section 8103(a) of
title 46, United States Code, United States purse seine
fishing vessels fishing exclusively for highly
migratory species in the treaty area under a fishing
license issued pursuant to the 1987 Treaty on Fisheries
Between the Governments of Certain Pacific Islands
States and the Government of the United States of
America, or transiting to or from the treaty area
exclusively for such purpose, may engage foreign
citizens to meet the manning requirement (except for
the master) until the date of expiration of this
section if, after timely notice of a vacancy to meet
the manning requirement, no United States citizen
personnel are readily available to fill such vacancy.
(2) Definition.--In this subsection, the term
``treaty area'' has the meaning given the term in the
Treaty on Fisheries Between the Governments of Certain
Pacific Island States and the Government of the United
States of America as in effect on the date of the
enactment of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241).
(b) Licensing Restrictions.--
(1) In general.--Subsection (a) only applies to a
foreign citizen who holds a credential that is
equivalent to the credential issued by the Coast Guard
to a United States citizen for the position, with
respect to requirements for experience, training, and
other qualifications.
(2) Treatment of credential.--An equivalent
credential under paragraph (1) shall be considered as
meeting the requirements of section 8304 of title 46,
United States Code, but only while a person holding the
credential is in the service of the vessel to which
this section applies.
(c) Expiration.--This section expires on the date the Treaty
on Fisheries Between the Governments of Certain Pacific Island
States and the Government of the United States of America
ceases to have effect for any party under Article [12.6 or
12.7] 13.6 of such treaty, as in effect on the date of
enactment of the Coast Guard [and Maritime Transportation Act
of 2012] Authorization Act of 2019.
(d) Reports.--On March 1, 2007, and annually thereafter 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.
* * * * * * *
----------
DEEPWATER PORT ACT OF 1974
* * * * * * *
procedure
Sec. 5. (a) The Secretary shall, as soon as practicable after
the date of enactment of this Act, and after consultation with
other Federal agencies, issue regulations to carry out the
purposes and provisions of this Act, in accordance with the
provisions of section 553 of title 5, United States Code,
without regard to subsection (a) thereof. Such regulations
shall pertain to, but need not be limited to, application,
issuance, transfer, renewal, suspension, and termination of
licenses. Such regulations shall provide for full consultation
and cooperation with all other interested Federal agencies and
departments and with any potentially affected coastal State,
and for consideration of the views of any interested members of
the general public. The Secretary is further authorized,
consistent with the purposes and provisions of this Act, to
amend or rescind any such regulation.
(b) The Secretary, in consultation with the Secretary of the
Interior and the Administrator of the National Oceanic and
Atmospheric Administration, shall, as soon as practicable after
the date of enactment of this Act, prescribe regulations
relating to those activities involved in site evaluation and
preconstruction testing at potential deepwater port locations
that may (1) adversely affect the environment; (2) interfere
with authorized uses of the Outer Continental Shelf; or (3)
pose a threat to human health and welfare. Such activity may
thenceforth not be undertaken except in accordance with
regulations prescribed pursuant to this subsection. Such
regulations shall be consistent with the purposes of this Act.
(c)(1) Any person making an application under this Act shall
submit detailed plans to the Secretary. Within 21 days after
the receipt of an application, the Secretary shall determine
whether the application appears to contain all of the
information required by paragraph (2) hereof. If the Secretary
determines that such information appears to be contained in the
application, the Secretary shall, no later than 5 days after
making such a determination, publish notice of the application
and a summary of the plans in the Federal Register. If the
Secretary determines that all the required information does not
appear to be contained in the application, the Secretary shall
notify the applicant and take no further action with respect to
the application until such deficiencies have been remedied.
(2) Each application shall include such financial, technical,
and other information as the Secretary deems necessary or
appropriate. Such information shall include, but need not be
limited to--
(A) the name, address, citizenship, telephone number,
and the ownership interest in the applicant, of each
person having any ownership interest in the applicant
of greater than 3 per centum;
(B) to the extent feasible, the name, address,
citizenship, and telephone number of any person with
whom the applicant has made, or proposes to make, a
significant contract for the construction or operation
of the deepwater port, and a copy of any such contract;
(C) the name, address, citizenship, and telephone
number of each affiliate of the applicant and of any
person required to be disclosed pursuant to
subparagraphs (A) or (B) of this paragraph, together
with a description of the manner in which such
affiliate is associated with the applicant or any
person required to be disclosed under subparagraph (A)
or (B) of this paragraph;
(D) the proposed location and capacity of the
deepwater port, including all components thereof;
(E) the type and design of all components of the
deepwater port and any storage facilities associated
with the deepwater port;
(F) with respect to construction in phases, a
detailed description of each phase, including
anticipated dates of completion for each of the
specific components thereof;
(G) the location and capacity of existing and
proposed storage facilities and pipelines which will
store or transport oil transported through the
deepwater port, to the extent known by the applicant or
any person required to be disclosed pursuant to
subparagraphs (A), (B), or (C) of this paragraph;
(H) with respect to any existing and proposed
refineries which will receive oil transported through
the deepwater port, the location and capacity of each
such refinery and the anticipated volume of such oil to
be refined by each such refinery, to the extent known
by the applicant or any person required to be disclosed
pursuant to subparagraphs (A), (B), or (C) of this
paragraph;
(I) the financial and technical capabilities of the
applicant to construct or operate the deepwater port;
(J) other qualifications of the applicant to hold a
license under this Act;
(K) the nation of registry for, and the nationality
or citizenship of officers and crew serving on board,
vessels transporting natural gas that are reasonably
anticipated to be servicing the deepwater port;
(L) a description of procedures to be used in
constructing, operating, and maintaining the deepwater
port, including systems of oil spill prevention,
containment, and cleanup; and
(M) such other information as may be required by the
Secretary to determine the environmental impact of the
proposed deepwater port.
(3) Upon written request of any person subject to this
subsection, the Secretary may make a determination in writing
to exempt such person from any of the informational filing
provisions enumerated in this subsection or the regulations
implementing this section if the Secretary determines that such
information is not necessary to facilitate the Secretary's
determinations under section 4 of this Act and that such
exemption will not limit public review and evaluation of the
deepwater port project.
(d)(1) At the time notice of an application is published
pursuant to subsection (c) of this section, the Secretary shall
publish a description in the Federal Register of an application
area encompassing the deepwater port site proposed by such
application and within which construction of the proposed
deepwater port would eliminate, at the time such application
was submitted, the need for any other deepwater port within
that application area.
(2) As used in this section, ``application area'' means any
reasonable geographical area within which a deepwater port may
be constructed and operated. Such application area shall not
exceed a circular zone, the center of which is the principal
point of loading and unloading at the port, and the radius of
which is the distance from such point to the high water mark of
the nearest adjacent coastal State.
(3) the Secretary shall accompany such publication with a
call for submission of any other applications for licenses for
the ownership, construction, and operation of a deepwater port
within the designated application area. Persons intending to
file applications for such license shall submit a notice of
intent to file an application with the Secretary not later than
60 days after the publication of notice pursuant to subsection
(c) of this section and shall submit the completed application
no later than 90 days after publication of such notice. The
Secretary shall publish notice of any such application received
in accordance with subsection (c) of this section. No
application for a license for the ownership, construction, and
operation of a deepwater port within the designated application
area for which a notice of intent to file was received after
such 60-day period, or which is received after such 90-day
period has elapsed, shall be considered until the application
pending with respect to such application area have been denied
pursuant to this Act.
(4) This subsection shall not apply to deepwater ports for
natural gas.
(e)(1) Not later than 30 days after the date of enactment of
this Act, the Secretary of the Interior, the Administrator of
the Environmental Protection Agency, the Chief of Engineers of
the United States Army Corps of Engineers, the Administrator of
the National Oceanic and Atmospheric Administration, and the
heads of any other Federal departments or agencies having
expertise concerning, or jurisdiction over, any aspect of the
construction or operation of deepwater ports shall transmit to
the Secretary written comments as to their expertise or
statutory responsibilities pursuant to this Act or any other
Federal law.
(2) An application filed with the Secretary shall constitute
an application for all Federal authorizations required for
ownership, construction, and operation of a deepwater port. At
the time notice of any application is published pursuant to
subsection (c) of this section, the Secretary shall forward a
copy of such application to those Federal agencies and
departments with jurisdiction over any aspect of such
ownership, construction, or operation for comment, review, or
recommendation as to conditions and for such other action as
may be required by law. Each agency or department involved
shall review the application and, based upon legal
considerations within its area of responsibility, recommend to
the Secretary the approval or disapproval of the application
not later than 45 days after the last public hearing on a
proposed license for a designated application area. In any case
in which the agency or department recommends disapproval, it
shall set forth in detail the manner in which the application
does not comply with any law or regulation within its area of
responsibility and shall notify the Secretary how the
application may be amended so as to bring it into compliance
with the law or regulation involved.
(f) NEPA Compliance.--For all applications, the Secretary, in
cooperation with other involved Federal agencies and
departments, shall comply with the National Environmental
Policy Act of 1969 (42 U.S.C. 4332). Such compliance shall
fulfill the requirement of all Federal agencies in carrying out
their responsibilities under the National Environmental Policy
Act of 1969 pursuant to this Act.
(g) A license may be issued only after public notice and
public hearings in accordance with this subsection. At least
one such public hearing shall be held in each adjacent coastal
State. Any interested person may present relevant material at
any hearing. After hearings in each adjacent coastal State are
concluded, if the Secretary determines that there exists one or
more specific and material factual issues which may be resolved
by a formal evidentiary hearing, at least one adjudicatory
hearing shall be held in accordance with the provisions of
section 554 of title 5, United States Code, in the District of
Columbia. The record developed in any such adjudicatory hearing
shall be basis for the Secretary's decision to approve or deny
a license. Hearings held pursuant to this subsection shall be
consolidated insofar as practicable with hearings held by other
agencies. All public hearings on all applications for any
designated application area shall be consolidated and shall be
concluded not later than 240 days after notice of the initial
application has been published pursuant to section 5(c) of this
Act.
(h)(1) Each person applying for a license pursuant to this
Act shall remit to the Secretary at the time the application is
filed a nonrefundable application fee established by regulation
by the Secretary. In addition, an applicant shall also
reimburse the United States and the appropriate adjacent
coastal State for any additional costs incurred in processing
an application.
(2) Notwithstanding any other provision of this Act, and
unless prohibited by law, an adjacent coastal State may fix
reasonable fees for the use of a deepwater port facility, and
such State and any other State in which land-based facilities
directly related to a deepwater port facility are located may
set reasonable fees for the use of such land-based facilities.
Fees may be fixed under authority of this paragraph as
compensation for any economic cost attributable to the
construction and operation of such deepwater port and such
land-based facilities, which cannot be recovered under other
authority of such State or political subdivision thereof,
including, but not limited to, ad valorem taxes, and for
environmental and administrative costs attributable to the
construction and operation of such deepwater port and such
land-based facilities. Fees under this paragraph shall not
exceed such economic, environmental, and administrative costs
of such State. Such fees shall be subject to the approval of
the Secretary. As used in this paragraph, the term ``land-based
facilities directly related to a deepwater port facility''
means the onshore tank farm and pipelines connecting such tank
farm to the deepwater port facility.
(3) A licensee shall pay annually in advance the fair market
rental value (as determined by the Secretary of the Interior)
of the subsoil and seabed of the Outer Continental Shelf of the
United States to be utilized by the deepwater port, including
the fair market rental value of the right-of-way necessary for
the pipeline segment of the port located on such subsoil and
seabed.
(i)(1) The Secretary shall approve or deny any application
for a designated application area submitted pursuant to this
Act not later than 90 days after the last public hearing on a
proposed license for that area.
(2) In the event more than one application is submitted for
an application area, the Secretary, unless one of the proposed
deepwater ports clearly best serves the national interest,
shall issue a license according to the following order of
priorities:
(A) to an adjacent coastal State (or combination of
States), any political subdivision thereof, or agency
or instrumentality, including a wholly owned
corporation of any such government;
(B) to a person who is neither (i) engaged in
producing, refining, or marketing oil, nor (ii) an
affiliate of any person who is engaged in producing,
refining, or marketing oil or an affiliate of any such
affiliate;
(C) to any other person.
(3) In determining whether any one proposed deepwater port
clearly best serves the national interest, the Secretary shall
consider the following factors:
(A) the degree to which the proposed deepwater ports
affect the environment, as determined under criteria
established pursuant to section 6 of this Act;
(B) any significant differences between anticipated
completion dates for the proposed deepwater ports; and
(C) any differences in costs of construction and
operation of the proposed deepwater ports, to the
extent that such differential may significantly affect
the ultimate cost of oil to the consumer.
(4) The Secretary shall approve or deny any application for a
deepwater port for natural gas submitted pursuant to this Act
not later than 90 days after the last public hearing on a
proposed license. Paragraphs (1), (2), and (3) of this
subsection shall not apply to an application for a deepwater
port for natural gas.
(j) LNG Tankers.--
(1) Program.--The Secretary of Transportation shall
develop and implement a program to promote the
transportation of liquefied natural gas to the United
States on United States flag vessels.
(2) Information to be provided.--When the Coast Guard
is operating as a contributing agency in the Federal
Energy Regulatory Commission's shoreside licensing
process for a liquefied natural gas or liquefied
petroleum gas terminal located on shore or within State
seaward boundaries, the Coast Guard shall provide to
the Commission the information described in section
5(c)(2)(K) of the Deepwater Port Act of 1974 (33 U.S.C.
1504(c)(2)(K)) with respect to vessels reasonably
anticipated to be servicing that port.
* * * * * * *
----------
PIPELINE SAFETY, REGULATORY CERTAINTY, AND JOB CREATION ACT OF 2011
* * * * * * *
SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION.
(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.]
* * * * * * *
----------
TITLE 54, UNITED STATES CODE
* * * * * * *
SUBTITLE III--NATIONAL PRESERVATION PROGRAMS
* * * * * * *
CHAPTER 3051--HISTORIC LIGHT STATION PRESERVATION
* * * * * * *
Sec. 305106. Historic light station sales
(a) In General.--
(1) When sale may occur.--If no applicant is approved
for the conveyance of a historic light station pursuant
to sections 305101 through 305105 of this title, the
historic light station shall be offered for sale.
(2) Terms of sale.--Terms of the sales--
(A) shall be developed by the Administrator;
and
(B) shall be consistent with the requirements
of paragraphs (1) to (4) and (8) of subsection
(a), and subsection (b), of section 305104 of
this title.
(3) Covenants to be included in conveyance
documents.--Conveyance documents shall include all
necessary covenants to protect the historical integrity
of the historic light station and ensure that any
Federal aid to navigation located at the historic light
station is operated and maintained by the United States
for as long as needed for that purpose.
(b) Net Sale Proceeds.--
(1) Disposition and use of funds.--Net sale proceeds
from the disposal of a historic light station--
(A) located on public domain land shall be
transferred to the National Maritime Heritage
Grants Program established under chapter 3087
in the Department of the Interior; and
(B) under the administrative control of the
Secretary of Homeland Security--
(i) shall be credited to the Coast
Guard's [Operating Expenses] Operations
and Support appropriation account; and
(ii) shall be available for
obligation and expenditure for the
maintenance of light stations remaining
under the administrative control of the
Secretary of Homeland Security.
(2) Availability of funds.--The funds referred to in
paragraph (1)(B) shall remain available until expended
and shall be available in addition to funds available
in the Coast Guard's [Operating Expense] Operations and
Support appropriation for that purpose.
----------
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2012
* * * * * * *
TITLE VII--MISCELLANEOUS
* * * * * * *
Sec. 712. BRIDGE PERMITS.
(a) In General.--For the purposes of reviewing a permit
application pursuant to section 9 of the Act of March 3, 1899,
popularly known as the Rivers and Harbors Appropriation Act of
1899 (33 U.S.C. 401), the Act of March 23, 1906, popularly
known as the Bridge Act of 1906 (33 U.S.C. 491 et seq.), the
Act of June 21, 1940, popularly known as the Truman-Hobbs Act
(33 U.S.C. 511 et seq.), or the General Bridge Act of 1946 (33
U.S.C. 525 et seq.), the Secretary of the department in which
the Coast Guard is operating may--
(1) accept voluntary services from one or more owners
of a bridge; and
(2) accept and credit to Coast Guard [operating
expenses] operations and support any amounts received
from one or more owners of a bridge.
(b) Expedited Process.--The Secretary of the department in
which the Coast Guard is operating shall complete, on an
expeditious basis and using the shortest existing applicable
process, determinations on any required approval for issuance
of any permits under the jurisdiction of such department
related to the construction or alteration of a bridge over the
Kill Van Kull consistent with Executive Order No. 13604 (March
22, 2012) and the Administration's objectives for the project.
* * * * * * *
----------
SECTION 557 OF THE CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS
ACT, 2013
Sec. 557. (a) Notwithstanding Office of Management and Budget
Circular A-11, funds made available in fiscal year 2013, or any
fiscal year thereafter, under Department of Homeland Security,
Coast Guard, ``[Acquisition] Procurement, Construction, and
Improvements'' for--
(1) long lead time materials, components, and designs
of a vessel of the Coast Guard shall be immediately
available and allotted to make a contract award
notwithstanding the availability of funds for
production, outfitting, post-delivery activities, and
spare or repair parts; and
(2) production of a vessel of the Coast Guard shall
be immediately available and allotted to make a
contract award notwithstanding the availability of
funds for outfitting, post-delivery activities, and
spare or repair parts.
(b) The Secretary of Homeland Security shall develop fiscal
policy that prescribes Coast Guard budgetary policies,
procedures and technical direction necessary to comply with
subsection (a) of this section and consistent with the
Department of Defense Financial Management Regulation (Volume
2A, Chapter 1 C. Procedures for Full Funding) to include the
costs associated with outfitting and post-delivery activities;
spare and repair parts; and long lead time materials. The
requirement set forth in this section shall not preclude the
immediate availability or allotment of funds for fiscal year
2013, pursuant to subsection (a).
(c) In this section--
(1) the term ``long lead time items'' means
components, parts, material, or effort which must be
procured in advance of the production award in order to
maintain the production schedule;
(2) the term ``outfitting'' means procurement or
installation of onboard repair parts, other secondary
items, equipage, and recreation items; precommissioning
crew support; general use consumables furnished to the
shipbuilder; the fitting out activity to fill a
vessel's initial allowances; and contractor-furnished
spares; and
(3) the term ``post-delivery activities'' means
design, planning, Government-furnished material, and
related labor for non-production and non-long lead time
items contract activities and other work, including
certifications, full operational capability activities
and other equipment installation; spares, logistics,
technical analysis, and support; correction of
Government-responsible defects and deficiencies
identified during builders trials, acceptance trials,
and testing during the post-delivery period; costs of
all work required to correct defects or deficiencies
identified during the post-delivery period; and costs
of all work required to correct trial card deficiencies
on a vessel of a particular class, as well as on
subsequent vessels of that class (whether or not
delivered) until the corrective action for that cutter
class is completed.
----------
HOWARD COBLE COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2014
* * * * * * *
TITLE II--COAST GUARD
* * * * * * *
SEC. 214. COAST GUARD FAMILY SUPPORT AND CHILD CARE.
(a) In General.--[Omitted--Amends other Act]
(b) Transfer of Provisions.--
(1) In General.--
(A) Reimbursement for adoption expenses.--
Section 514 of title 14, United States Code, is
redesignated as section 541 and transferred to
appear before section 542 of such title, as
added by subsection (a) of this section.
(B) Child development services.--Section 515
of title 14, United States Code--
(i) is redesignated as section 552
and transferred to appear after section
551 of such title, as added by
subsection (a) of this section; and
(ii) is amended--
(I) in subsection (b)(2)(B)
by inserting ``and whether a
family is participating in an
initiative established under
section 555(b)'' after ``family
income'';
(II) by striking subsections
(c) and (e); and
(III) by redesignating
subsection (d) as subsection
(c).
(C) Dependent school children.--Section 657
of title 14, United States Code--
(i) is redesignated as section 544
and transferred to appear after section
543 of such title, as added by
subsection (a) of this section; and
(ii) is amended in subsection (a) by
striking ``Except as otherwise'' and
all that follows through ``the
Secretary may'' and inserting ``The
Secretary may''.
(2) Conforming amendments.--
(A) Part i.--The analysis for part I of title
14, United States Code, is amended by inserting
after the item relating to chapter 13 the
following:
``14. Coast Guard Family Support and Child Care...................531''.
(B) Chapter 13.--The analysis for chapter 13
of title 14, United States Code, is amended--
(i) by striking the item relating to
section 514; and
(ii) by striking the item relating to
section 515.
(C) Chapter 14.--The analysis for chapter 14
of title 14, United States Code, as added by
subsection (a) of this section, is amended by
inserting--
(i) before the item relating to
section 542 the following:
``541. Reimbursement for adoption expenses.'';
(ii) after the item relating to
section 551 the following:
``552. Child development services.''; and
(iii) after the item relating to
section 543 the following:
``544. Dependent school children.''.
(D) Chapter 17.--The analysis for chapter 17
of title 14, United States Code, is amended by
striking the item relating to section 657.
(c) Commandant; General Powers.--Section 93(a)(7) of title
14, United States Code, as amended by this Act, is further
amended by inserting ``, and to eligible spouses as defined
under section 542,'' after ``Coast Guard''.
(d) Sense of Congress.--
(1) In General.--It is the sense of Congress that the
amount of funds appropriated for a fiscal year for
[operating expenses] operations and support related to
Coast Guard child development services should not be
less than the amount of the child development center
fee receipts estimated to be collected by the Coast
Guard during that fiscal year.
(2) Child development center fee receipts defined.--
In this subsection, the term ``child development center
fee receipts'' means fees paid by members of the Coast
Guard for child care services provided at Coast Guard
child development centers.
* * * * * * *
----------
COMMUNICATIONS ACT OF 1934
* * * * * * *
TITLE III--SPECIAL PROVISIONS RELATING TO RADIO
* * * * * * *
PART II--RADIO EQUIPMENT AND RADIO OPERATORS ON BOARD SHIP
* * * * * * *
SEC. 352. EXCEPTIONS.
(a) The provisions of this part shall not apply to--
(1) A ship of war;
(2) A ship of the United States belonging to and operated by
the Government, except a ship of the Maritime Administration of
the Department of Transportation, the Inland and Coastwise
Waterways Service, or the Panama Canal Company;
(3) A foreign ship belonging to a country which is a party to
any Safety Convention in force between the United States and
that country which ship carries a valid certificate exempting
said ship from the radio provisions of that Convention, or
which ship conforms to the radio requirements of such
Convention or Regulations and has on board a valid certificate
to that effect, or which ship is not subject to the radio
provisions of any such Convention;
(4) [Yachts] Recreational vessels, as defined in section
2101(46) of title 46, United States Code, of less than six
hundred gross tons not subject to the radio provisions of the
Safety Convention;
(5) Vessels in tow;
(6) A ship navigating solely on any bays, sounds, rivers, or
protected waters within the jurisdiction of the United States,
or to a ship leaving or attempting to leave any harbor or port
of the United States for a voyage solely on any bays, sounds,
rivers, or protected waters within the jurisdiction of the
United States;
(7) A ship navigating solely on the Great Lakes of North
America and the River Saint Lawrence as far east as a straight
line drawn from Cap des Rosiers to West Point, Anticosti
Island, and, on the north side of Anticosti Island, the sixty-
third meridian, or to a ship leaving or attempting to leave any
harbor or port of the United States for a voyage solely on such
waters and within such area;
(8) A ship which is navigated during the course of a voyage
both on the Great Lakes of North America and in the open sea,
during the period while such ship is being navigated within the
Great Lakes of North America and their connecting and tributary
waters as far east as the lower exit of the Saint Lambert lock
at Montreal in the Province of Quebec, Canada.
(b) Except for nuclear ships, the Commission may, if it
considers that the route or the conditions of the voyage or
other circumstances are such as to render a radio station
unreasonable or unnecessary for the purposes of this part,
exempt from the provisions of this part any ship or class of
ships which falls within any of the following descriptions:
(1) Passenger ships which in the course of their voyage do
not go more than twenty nautical miles from the nearest land
or, alternatively, do not go more than two hundred nautical
miles between two consecutive ports;
(2) Cargo ships which in the course of their voyage do not go
more than one hundred and fifty nautical miles from the nearest
land;
(3) Passenger vessels of less than one hundred gross tons not
subject to the radio provisions of the Safety Convention;
(4) Sailing ships.
(c) If, because of unforeseeable failure of equipment, a ship
is unable to comply with the equipment requirements of this
part without undue delay of the ship, the mileage limitations
set forth in paragraphs (1) and (2) of subsection (b) shall not
apply: Provided, That exemption of the ship is found to be
reasonable or necessary in accordance with subsection (b) to
permit the ship to proceed to a port where the equipment
deficiency may be remedied.
(d) Except for nuclear ships, and except for ships of five
thousand gross tons and upward which are subject to the Safety
Convention, the Commission may exempt from the requirements,
for radio direction finding apparatus, of this part and of the
Safety Convention, any ship which falls within the descriptions
set forth in paragraphs (1), (2), (3), and (4) of subsection
(b) of this section, if it considers that the route on
conditions of the voyage or other circumstances are such as to
render such apparatus unreasonable or unnecessary.
* * * * * * *
----------
ACT OF JUNE 21, 1940
* * * * * * *
[existing provisions of law
[Sec. 12. (a) The first sentence of section 4 of the Act
entitled ``An Act to regulate the construction of bridges over
navigable waters'', approved March 23, 1906 (U. S. C., 1934
edition, title 33, sec. 494), and section 18 of the Act
entitled ``An Act making appropriations for the construction,
repair, and preservation of certain public works on rivers and
harbors, and for other purposes'', approved March 3, 1899 (U.
S. C., 1934 edition, title 33, sec. 502), shall be inapplicable
with respect to any bridge to which the provisions of this Act
are applicable, except to the extent provided in this section.
[(b) Any bridge, the construction, reconstruction, or
alteration of which was required by an order of the Secretary
issued prior to July 1, 1939, and was not completed on such
date, and in the case of which no penalties have accrued at the
time of the enactment of this Act, shall be constructed,
reconstructed, or altered as required by such order, and not in
accordance with the provisions of this Act. In the case of any
such bridge, however, the Secretary shall apportion the cost of
the project between the bridge owner and the United States, and
payment of the share of the United States shall be made, in the
same manner as if the provisions of this Act applied to such
construction, reconstruction, or alteration, subject to the
following limitations:
[(1) In case such construction, reconstruction, or alteration
has not begun on or before April 1, 1940, such apportionment of
cost shall be made only if (A) the construction,
reconstruction, or alteration is carried out in accordance with
plans and specifications, and pursuant to bids, approved by the
Secretary, and (B) the bridge owner has submitted to the
Secretary a written guaranty of cost as provided for in section
5.
[(2) The Secretary's determination as to such apportionment,
and as to such plans and specifications and bids, shall be
final.
[(3) Such apportionment shall not be made if such
construction, reconstruction, or alteration is not completed
within the time fixed in such order of the Secretary or within
such additional time as the Secretary, for good cause shown,
may allow.
[(c) Any bridge (except a bridge to which subsection (b)
applies) the construction, reconstruction, or alteration of
which was required by an order of the Secretary issued prior to
July 1, 1939, and was not begun before such date, shall be
subject to the provisions of this Act as though such order had
not been issued, and compliance with the provisions of this Act
and with such orders as may be issued thereunder shall be
considered to constitute compliance with such order issued
prior to July 1, 1939, and with the provisions of law under
which it was issued.]
* * * * * * *
----------
PRIBILOF ISLANDS TRANSITION ACT
TITLE I--PRIBILOF ISLANDS
* * * * * * *
SEC. 105. TERMINATION OF RESPONSIBILITIES.
(a) Future Obligation.--
(1) In general.--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) Conforming amendment.--Section 3(c)(1) of Public
Law 104-91 (16 U.S.C. 1165 note) is amended by striking
subparagraph (A) and redesignating subparagraphs (B)
through (D) in order as subparagraphs (A) through (C).
(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(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 publishes the notice of certification required by
subsection (b)(5), the following provisions are repealed:
(1) 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 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 522 of the Pribilof Island
Transition CompletionAct of 2016, or transferred to the
Secretary of the departmentin which the Coast Guard is
operating under section 524 ofsuch Act, is 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 subsection (a), the Alaska native
village corporation for St. Paul Island shall notify
the Secretary in writing whether the Alaska native
village corporation elects to receive all right, title,
and interest in the land or a portion of the land.
(3) Transfer.--If the Alaska native village
corporation provides notice under paragraph (2) that
the Alaska native 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
Alaska native village corporation at no cost.
(4) Other disposition.--If the Alaska native village
corporation does not provide notice under paragraph (2)
that the Alaska native 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 the enactment of this subsection and not less
than once every 5 years thereafter, the Secretary shall
determine whether property located on St. Paul Island
and not transferred to the Secretary of the department
in which the Coast Guard is operating under section 524
of the Pribilof Island Transition Completion Act of
2016 or 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 [subsection (a),] 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.
(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.
* * * * * * *
----------
FRANK LOBIONDO COAST GUARD AUTHORIZATION ACT OF 2018
SECTION 1. SHORT TITLE
This Act may be cited as the ``Frank LoBiondo Coast Guard
Authorization Act of 2018''.
SEC. 2. TABLE OF CONTENTS
The table of contents of this Act is as follows:
Sec. 1. Short title.
* * * * * * *
TITLE IV--Ports and Waterways Safety
* * * * * * *
[Sec. 408. Port, harbor, and coastal facility security.]
* * * * * * *
TITLE IV--PORTS AND WATERWAYS SAFETY
* * * * * * *
[SEC. 408. PORT, HARBOR, AND COASTAL FACILITY SECURITY.
[(a) Transfer of Provisions.--So much of section 7 of the
Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes
subsection (c) of that section is redesignated as section
70102a of title 46, United States Code, and transferred so as
to appear after section 70102 of that title.
[(b) Definitions, Administration, and Enforcement.--Section
70102a of title 46, United States Code, as amended by paragraph
(1) of this subsection, is amended by adding at the end the
following:
[``(c) Definitions, Administration, and Enforcement.--This
section shall be treated as part of chapter 700 for purposes of
sections 70031, 70032, 70034, 70035, and 70036.''.
[(c) Clerical Amendment.--The analysis at the beginning of
chapter 701 of such title is amended by inserting after the
item relating to section 70102 the following:
[``70102a. Port, harbor, and coastal facility security.]''.
[(d) Nondisclosure of Port Security Plans.--Subsection (c) of
section 7 of the Ports and Waterways Safety Act (33 U.S.C.
1226), as so designated before the application of subsection
(b)(1) of this section--
[(1) is redesignated as subsection (f) of section
70103 of title 46, United States Code, and transferred
so as to appear after subsection (e) of such section;
and
[(2) is amended by striking ``this Act'' and
inserting ``this chapter''.]
* * * * * * *
TITLE V--MARITIME TRANSPORTATION SAFETY
* * * * * * *
SEC. 514. BACKUP NATIONAL TIMING SYSTEM.
(a) Short Title.--This section may be cited as the ``National
Timing Resilience and Security Act of 2018''.
(b) In General.--[Chapter 30] Chapter 3 of title 49, United
States Code, is amended by adding at the end the following:
``SEC. 312. ALTERNATIVE TIMING SYSTEM
``(a) In General.--Subject to the availability of
appropriations, the Secretary of Transportation shall provide
for the establishment, sustainment, and operation of a land-
based, resilient, and reliable alternative timing system--
``(1) to reduce critical dependencies and provide a
complement to and backup for the timing component of
the Global Positioning System (referred to in this
section as `GPS'); and
``(2) to ensure the availability of uncorrupted and
non-degraded timing signals for military and civilian
users in the event that GPS timing signals are
corrupted, degraded, unreliable, or otherwise
unavailable.
``(b) Establishment of Requirements.--
``(1) In general.--Not later than 180 days after the
date of enactment of the National Timing Resilience and
Security Act of 2018, the Secretary of Transportation
shall establish requirements for the procurement of the
system required by subsection (a) as a complement to
and backup for the timing component of GPS in
accordance with the timing requirements study required
by section 1618 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2595).
``(2) Requirements.--The Secretary of Transportation
shall ensure, to the maximum extent practicable, that
the system established under subsection (a) will--
``(A) be wireless;
``(B) be terrestrial;
``(C) provide wide-area coverage;
``(D) be synchronized with coordinated
universal time;
``(E) be resilient and extremely difficult to
disrupt or degrade;
``(F) be able to penetrate underground and
inside buildings;
``(G) be capable of deployment to remote
locations;
``(H) be developed, constructed, and operated
incorporating applicable private sector
expertise;
``(I) work in concert with and complement any
other similar positioning, navigation, and
timing systems, including enhanced long-range
navigation systems and Nationwide Differential
GPS systems;
``(J) be available for use by Federal and
non-Federal government agencies for public
purposes at no net cost to the Federal
Government within 10 years of initiation of
operation;
``(K) be capable of adaptation and expansion
to provide position and navigation
capabilities;
``(L) incorporate the recommendations from
any GPS back-up demonstration program initiated
and completed by the Secretary, in coordination
with other Federal agencies, before the date
specified in subsection (c)(1); and
``(M) incorporate such other elements as the
Secretary considers appropriate.
``(c) Implementation Plan.--
``(1) Plan required.--Not later than 180 days after
the date of enactment of the National Timing Resilience
and Security Act of 2018, the Secretary of
Transportation shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives a report setting forth the
following:
``(A) A plan to develop, construct, and
operate the system required by subsection (a).
``(B) A description and assessment of the
advantages of a system to provide a follow-on
complementary and backup positioning and
navigation capability to the timing component
of GPS.
``(2) Deadline for commencement of operation.--The
system required by subsection (a) shall be in operation
by not later than 2 years after the date of enactment
of the National Timing Resilience and Security Act of
2018.
``(3) Minimum duration of operational capability.--
The system required by subsection (a) shall be designed
to be fully operational for not less than 20 years.
``(d) LORAN Facilities.--
``(1) In general.--If the Secretary of Transportation
determines that any LORAN infrastructure, including the
underlying real property and any spectrum associated
with LORAN, in the possession of the Coast Guard is
required by the Department of Transportation for the
purpose of establishing the system required by
subsection (a), the Commandant shall transfer such
property, spectrum, and equipment to the Secretary.
``(2) CERCLA not affected.--This subsection shall not
be construed to limit the application of or otherwise
affect section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)) with respect to the Federal
Government facilities described in paragraph (1).
``(e) Cooperative Agreement.--
``(1) In general.--The Secretary of Transportation
may enter into a cooperative agreement (as that term is
described in section 6305 of title 31) with an entity
upon such terms and conditions as the Secretary of
Transportation determines will fulfill the purpose and
requirements of this section and be in the public
interest.
``(2) Requirements.--The cooperative agreement under
paragraph (1) shall, at a minimum, require the
Secretary of Transportation to--
``(A) authorize the entity to sell timing and
other services to commercial and non-commercial
third parties, subject to any national security
requirements determined by the Secretary, in
consultation with the Secretary of Defense;
``(B) require the entity to develop,
construct, and operate at private expense the
backup timing system in accordance with this
section;
``(C) allow the entity to make any
investments in technologies necessary over the
life of such agreement to meet future
requirements for advanced timing resilience and
technologies;
``(D) require the entity to share 25 percent
of the gross proceeds received by the entity
from the sale of timing services to third
parties with the Secretary for at least 10
years after the date upon which the Secretary
enters into the cooperative agreement;
``(E) require the entity--
``(i) to assume all financial risk
for the completion and operational
capability of the system, after the
Secretary provides any LORAN facilities
necessary for the system under
subsection (d), if required for the
alternative timing system; and
``(ii) to furnish performance and
payment bonds in connection with the
system in a reasonable amount as
determined by the Secretary; and
``(F) require the entity to make any
investments in technologies necessary over the
life of the agreement to meet future
requirements for advanced timing resiliency.
``(3) Competition required.--The Secretary shall use
competitive procedures similar to those authorized
under section 2667 of title 10 in selecting an entity
to enter into a cooperative agreement pursuant to this
subsection.
``(4) Authorization to purchase services.--The
Secretary may not purchase timing system services from
the entity for use by the Department of Transportation
or for provision to other Federal and non-Federal
governmental agencies until the system achieves
operational status, and then only if the necessary
funds for such purchases are provided for in subsequent
yearly appropriations acts made available to the
Secretary for each and every year in which such
purchases are made.
``(5) Determination requirement.--The Secretary may
not enter into a cooperative agreement under this
subsection unless the Secretary determines that the
cooperative agreement is in the best financial interest
of the Federal Government. The Secretary shall notify
the Committee on Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives of such determination not later than 30
days after the date of the determination.
``(6) Definition.--In this subsection the term
`entity' means a non-Federal entity with the
demonstrated technical expertise and requisite
administrative and financial resources to meet any
terms and conditions established by the Secretary for
purposes of this subsection.''.
(c) Table of contents The table of contents for chapter 3 of
title 49, United States Code, is amended by adding at the end
the following:
``312. Alternative timing system.''.
* * * * * * *
TITLE VIII--MISCELLANEOUS
* * * * * * *
SEC. 810. LAND EXCHANGE, AYAKULIK ISLAND, ALASKA.
(a) Land exchange; Ayakulik Island, Alaska.--If the owner of
Ayakulik Island, Alaska, offers to exchange the Island for the
Tract--
(1) within 10 days after receiving such offer, the
Secretary shall provide notice of the offer to the
Commandant;
(2) within 90 days after receiving the notice under
paragraph (1), the Commandant shall develop and
transmit to the Secretary proposed operational
restrictions on commercial activity conducted on the
Tract, including the right of the Commandant to--
(A) order the immediate termination, for a
period of up to 72 hours, of any activity
occurring on or from the Tract that violates or
threatens to violate one or more of such
restrictions; or
(B) commence a civil action for appropriate
relief, including a permanent or temporary
injunction enjoining the activity that violates
or threatens to violate such restrictions;
(3) within 90 days after receiving the proposed
operational restrictions from the Commandant, the
Secretary shall transmit such restrictions to the owner
of Ayakulik Island; and
(4) within 30 days after transmitting the proposed
operational restrictions to the owner of Ayakulik
Island, and if the owner agrees to such restrictions,
the Secretary shall convey all right, title, and
interest of the United States in and to the Tract to
the owner, subject to an easement granted to the
Commandant to enforce such restrictions, in exchange
for all right, title, and interest of such owner in and
to Ayakulik Island.
(b) Boundary Revisions.--- The Secretary may make technical
and conforming revisions to the boundaries of the Tract before
the date of the exchange.
(c) Public Land Order.--Effective on the date of an exchange
under subsection (a), Public Land Order 5550 shall have no
force or effect with respect to submerged lands that are part
of the Tract.
(d) Failure to Timely Respond to Notice.--If the Commandant
does not transmit proposed operational restrictions to the
Secretary [within 30 days after receiving the notice under
subsection (a)(1), the Secretary shall, by not later than 60
days after transmitting such notice,] in accordance within
subsection (a)(2), the Secretary shall convey all right, title,
and interest of the United States in and to the Tract to the
owner of Ayakulik Island in exchange for all right, title, and
interest of such owner in and to Ayakulik Island.
(e) CERCLA Not Affected.--This section and an exchange under
this section shall not be construed to limit the application of
or otherwise affect section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)).
(f) Definitions.--In this section:
(1) Commandant.--The term ``Commandant'' means the
Secretary of the department in which the Coast Guard is
operating, acting through the Commandant of the Coast
Guard.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(3) Tract.--The term ``Tract'' means the land
(including submerged land) depicted as ``PROPOSED
PROPERTY EXCHANGE AREA'' on the survey titled
``PROPOSED PROPERTY EXCHANGE PARCEL'' and dated 3/22/
17.
* * * * * * *
SEC. 820. GREAT LAKES ICEBREAKER ACQUISITION.
(a) Icebreaking on the Great Lakes.--For fiscal [years 2018
and] year 2019, the Commandant of the Coast Guard may use funds
made available pursuant to section 4902 of title 14, United
States Code, as amended by this Act, for the construction of an
icebreaker that is at least as capable as the Coast Guard
Cutter Mackinaw to enhance icebreaking capacity on the Great
Lakes.
(b) Acquisition Plan.--Not later than 45 days after the date
of enactment of this Act, the Commandant shall submit a plan to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives for acquiring an icebreaker
described in subsections (a) and (b). Such plan shall include--
(1) the details and schedule of the acquisition
activities to be completed; and
(2) a description of how the funding for Coast Guard
acquisition, construction, and improvements that was
appropriated under the Consolidated Appropriations Act,
2017 (Public Law 115-31) and the Consolidated
Appropriations Act, 2018 (Public Law 115-141) will be
allocated to support the acquisition activities
referred to in paragraph (1).
SEC. 821. POLAR ICEBREAKERS.
(a) Enhanced Maintenance Program for the Polar Star.--
(1) In general.--Subject to the availability of
appropriations, the Commandant of the Coast Guard shall
conduct an enhanced maintenance program on Coast Guard
Cutter Polar Star (WAGB-10) to extend the service life
of such vessel until at least December 31, 2025.
(2) Requirement for report.--Not later than 180 days
after the date of the enactment of the [Coast Guard
Authorization Act of 2017] Frank LoBiondo Coast Guard
Authorization Act of 2018, the Secretary of the
department in which the Coast Guard is operating, in
consultation with Naval Sea Systems Command, shall
submit to the Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of
the Senate and the Committee on Transportation and
Infrastructure and the Committee on Armed Services of
the House of Representatives a detailed report
describing a plan to extend the service life of the
Coast Guard Cutter Polar Star (WAGB-10) until at least
December 31, 2025, through an enhanced maintenance
program.
(3) Content.--The report required by paragraph (2)
shall include the following:
(A) An assessment and discussion of the
enhanced maintenance program recommended by the
National Academies of Sciences, Engineering,
and Medicine's Committee on Polar Icebreaker
Cost Assessment in the letter report
``Acquisition and Operation of Polar
Icebreakers: Fulfilling the Nation's Needs''.
(B) An assessment and discussion of the
Government Accountability Office's concerns and
recommendations regarding service life
extension work on Coast Guard Cutter Polar Star
(WAGB-10) in the report ``Status of the Coast
Guard's Polar Icebreaking Fleet Capability and
Recapitalization Plan''.
(C) Based upon a materiel condition
assessment of the Coast Guard Cutter Polar Star
(WAGB-10)--
(i) a description of the service life
extension needs of the vessel;
(ii) detailed information regarding
planned shipyard work for each fiscal
year to meet such needs; and
(iii) an estimate of the amount
needed to be appropriated to complete
the enhanced maintenance program.
(D) A plan to ensure the vessel will maintain
seasonally operational status during the
enhanced maintenance program.
(4) Authorization of appropriations The Commandant of
the Coast Guard may use funds made available pursuant
to section 4902 of title 14, United States Code, as
amended by section 202 of this Act, for the enhanced
maintenance program described in the report required by
subsection (a).
(b) Coast Guard and Maritime Transportation Act of 2012;
Amendment.--Section 222 of the Coast Guard and Maritime
Transportation Act of 2012 (Public Law 112-213), as amended, is
further amended as follows:
(1) by striking subsections (a) through (d);
(2) by redesignating subsections (e) through (g) as
subsections (a) through (c), respectively;
(3) in subsection (a), as redesignated--
(A) in the matter preceding paragraph (1), by
striking ``Except as provided in subsection
(c), the Commandant'' and inserting ``The
Commandant'';
(B) in paragraph (1) by striking ``Polar Sea
or'';
(C) in paragraph (2) by striking ``either of
the vessels'' and inserting ``the Polar Star or
the Polar Sea''; and
(D) in paragraph (3) by striking ``either of
the vessels'' each place it appears and
inserting ``the Polar Star''.
* * * * * * *
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