[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.

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                        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.

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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.

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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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