[United States Statutes at Large, Volume 130, 114th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 114-120
114th Congress
An Act
To authorize appropriations for the Coast Guard for fiscal years 2016
and 2017, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization Act of
2015''.
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.
Sec. 102. Conforming amendments.
TITLE II--COAST GUARD
Sec. 201. Vice Commandant.
Sec. 202. Vice admirals.
Sec. 203. Coast Guard remission of indebtedness.
Sec. 204. Acquisition reform.
Sec. 205. Auxiliary jurisdiction.
Sec. 206. Coast Guard communities.
Sec. 207. Polar icebreakers.
Sec. 208. Air facility closures.
Sec. 209. Technical corrections to title 14, United States Code.
Sec. 210. Discontinuance of an aid to navigation.
Sec. 211. Mission performance measures.
Sec. 212. Communications.
Sec. 213. Coast Guard graduate maritime operations education.
Sec. 214. Professional development.
Sec. 215. Senior enlisted member continuation boards.
Sec. 216. Coast Guard member pay.
Sec. 217. Transfer of funds necessary to provide medical care.
Sec. 218. Participation of the Coast Guard Academy in Federal, State, or
other educational research grants.
Sec. 219. National Coast Guard Museum.
Sec. 220. Investigations.
Sec. 221. Clarification of eligibility of members of the Coast Guard for
combat-related special compensation.
Sec. 222. Leave policies for the Coast Guard.
TITLE III--SHIPPING AND NAVIGATION
Sec. 301. Survival craft.
Sec. 302. Vessel replacement.
Sec. 303. Model years for recreational vessels.
Sec. 304. Merchant mariner credential expiration harmonization.
Sec. 305. Safety zones for permitted marine events.
Sec. 306. Technical corrections.
[[Page 28]]
Sec. 307. Recommendations for improvements of marine casualty reporting.
Sec. 308. Recreational vessel engine weights.
Sec. 309. Merchant mariner medical certification reform.
Sec. 310. Atlantic Coast port access route study.
Sec. 311. Certificates of documentation for recreational vessels.
Sec. 312. Program guidelines.
Sec. 313. Repeals.
Sec. 314. Maritime drug law enforcement.
Sec. 315. Examinations for merchant mariner credentials.
Sec. 316. Higher volume port area regulatory definition change.
Sec. 317. Recognition of port security assessments conducted by other
entities.
Sec. 318. Fishing vessel and fish tender vessel certification.
Sec. 319. Interagency Coordinating Committee on Oil Pollution Research.
Sec. 320. International port and facility inspection coordination.
TITLE IV--FEDERAL MARITIME COMMISSION
Sec. 401. Authorization of appropriations.
Sec. 402. Duties of the Chairman.
Sec. 403. Prohibition on awards.
TITLE V--CONVEYANCES
Subtitle A--Miscellaneous Conveyances
Sec. 501. Conveyance of Coast Guard property in Point Reyes Station,
California.
Sec. 502. Conveyance of Coast Guard property in Tok, Alaska.
Subtitle B--Pribilof Islands
Sec. 521. Short title.
Sec. 522. Transfer and disposition of property.
Sec. 523. Notice of certification.
Sec. 524. Redundant capability.
Subtitle C--Conveyance of Coast Guard Property at Point Spencer, Alaska
Sec. 531. Findings.
Sec. 532. Definitions.
Sec. 533. Authority to convey land in Point Spencer.
Sec. 534. Environmental compliance, liability, and monitoring.
Sec. 535. Easements and access.
Sec. 536. Relationship to Public Land Order 2650.
Sec. 537. Archeological and cultural resources.
Sec. 538. Maps and legal descriptions.
Sec. 539. Chargeability for land conveyed.
Sec. 540. Redundant capability.
Sec. 541. Port Coordination Council for Point Spencer.
TITLE VI--MISCELLANEOUS
Sec. 601. Modification of reports.
Sec. 602. Safe vessel operation in the Great Lakes.
Sec. 603. Use of vessel sale proceeds.
Sec. 604. National Academy of Sciences cost assessment.
Sec. 605. Coastwise endorsements.
Sec. 606. International Ice Patrol.
Sec. 607. Assessment of oil spill response and cleanup activities in the
Great Lakes.
Sec. 608. Report on status of technology detecting passengers who have
fallen overboard.
Sec. 609. Venue.
Sec. 610. Disposition of infrastructure related to e-loran.
Sec. 611. Parking.
Sec. 612. Inapplicability of load line requirements to certain United
States vessels traveling in the Gulf of Mexico.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATIONS.
(a) In General.--Title 14, United States Code, is amended by adding
at the end the following:
[[Page 29]]
``PART III-- <> COAST GUARD AUTHORIZATIONS AND
REPORTS TO CONGRESS
``Chap. Sec.
``27. Authorizations.............................................. 2701
``29. Reports..................................................... 2901.
``CHAPTER 27-- <> AUTHORIZATIONS
``Sec.
``2702. Authorization of appropriations.
``2704. Authorized levels of military strength and training.
``Sec. 2702. <> Authorization of
appropriations
``Funds are authorized to be appropriated for each of fiscal years
2016 and 2017 for necessary expenses of the Coast Guard as follows:
``(1) For the operation and maintenance of the Coast Guard,
not otherwise provided for--
``(A) $6,981,036,000 for fiscal year 2016; and
``(B) $6,981,036,000 for fiscal year 2017.
``(2) For the acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels,
and aircraft, including equipment related thereto, and for
maintenance, rehabilitation, lease, and operation of facilities
and equipment--
``(A) $1,945,000,000 for fiscal year 2016; and
``(B) $1,945,000,000 for fiscal year 2017.
``(3) For the Coast Guard Reserve program, including
operations and maintenance of the program, personnel and
training costs, equipment, and services--
``(A) $140,016,000 for fiscal year 2016; and
``(B) $140,016,000 for fiscal year 2017.
``(4) For the environmental compliance and restoration
functions of the Coast Guard under chapter 19 of this title--
``(A) $16,701,000 for fiscal year 2016; and
``(B) $16,701,000 for fiscal year 2017.
``(5) To the Commandant of the Coast Guard for research,
development, test, and evaluation of technologies, materials,
and human factors directly related to improving the performance
of the Coast Guard's mission with respect to search and rescue,
aids to navigation, marine safety, marine environmental
protection, enforcement of laws and treaties, ice operations,
oceanographic research, and defense readiness, and for
maintenance, rehabilitation, lease, and operation of facilities
and equipment--
``(A) $19,890,000 for fiscal year 2016; and
``(B) $19,890,000 for fiscal year 2017.
``Sec. 2704. <> Authorized levels of military
strength and training
``(a) Active Duty Strength.--The Coast Guard is authorized an end-
of-year strength for active duty personnel of 43,000 for each of fiscal
years 2016 and 2017.
``(b) Military Training Student Loads.--The Coast Guard is
authorized average military training student loads for each of fiscal
years 2016 and 2017 as follows:
``(1) For recruit and special training, 2,500 student years.
``(2) For flight training, 165 student years.
[[Page 30]]
``(3) For professional training in military and civilian
institutions, 350 student years.
``(4) For officer acquisition, 1,200 student years.
``CHAPTER 29-- <> REPORTS
``Sec.
``2904. Manpower requirements plan.
``Sec. 2904. <> Manpower requirements plan
``(a) In General.--On the date on which the President submits to the
Congress a budget for fiscal year 2017 under section 1105 of title 31,
on the date on which the President submits to the Congress a budget for
fiscal year 2019 under such section, and every 4 years thereafter, the
Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a manpower
requirements plan.
``(b) <> Scope.--A manpower requirements plan
submitted under subsection (a) shall include for each mission of the
Coast Guard--
``(1) <> an assessment of all projected
mission requirements for the upcoming fiscal year and for each
of the 3 fiscal years thereafter;
``(2) the number of active duty, reserve, and civilian
personnel assigned or available to fulfill such mission
requirements--
``(A) currently; and
``(B) as projected for the upcoming fiscal year and
each of the 3 fiscal years thereafter;
``(3) the number of active duty, reserve, and civilian
personnel required to fulfill such mission requirements--
``(A) currently; and
``(B) as projected for the upcoming fiscal year and
each of the 3 fiscal years thereafter;
``(4) an identification of any capability gaps between
mission requirements and mission performance caused by
deficiencies in the numbers of personnel available--
``(A) currently; and
``(B) as projected for the upcoming fiscal year and
each of the 3 fiscal years thereafter; and
``(5) an identification of the actions the Commandant will
take to address capability gaps identified under paragraph (4).
``(c) Consideration.--In composing a manpower requirements plan for
submission under subsection (a), the Commandant shall consider--
``(1) the marine safety strategy required under section 2116
of title 46;
``(2) information on the adequacy of the acquisition
workforce included in the most recent report under section 2903
of this title; and
``(3) any other Federal strategic planning effort the
Commandant considers appropriate.''.
(b) Requirement for Prior Authorization of Appropriations.--Section
662 of title 14, United States Code, is amended--
(1) <> by redesignating such section as
section 2701;
[[Page 31]]
(2) by transferring such section to appear before section
2702 of such title (as added by subsection (a) of this section);
and
(3) by striking paragraphs (1) through (5) and inserting the
following:
``(1) For the operation and maintenance of the Coast Guard,
not otherwise provided for.
``(2) For the acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels,
and aircraft, including equipment related thereto, and for
maintenance, rehabilitation, lease, and operation of facilities
and equipment.
``(3) For the Coast Guard Reserve program, including
operations and maintenance of the program, personnel and
training costs, equipment, and services.
``(4) For the environmental compliance and restoration
functions of the Coast Guard under chapter 19 of this title.
``(5) For research, development, test, and evaluation of
technologies, materials, and human factors directly related to
improving the performance of the Coast Guard.
``(6) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Alteration of Bridges Program.''.
(c) Authorization of Personnel End Strengths.--Section 661 of title
14, United States Code, is amended--
(1) <> by redesignating such section as
section 2703; and
(2) by transferring such section to appear before section
2704 of such title (as added by subsection (a) of this section).
(d) Reports.--
(1) Transmission of annual coast guard authorization
request.--Section 662a of title 14, United States Code, is
amended--
(A) <> by redesignating such
section as section 2901;
(B) by transferring such section to appear before
section 2904 of such title (as added by subsection (a)
of this section); and
(C) in subsection (b)--
(i) in paragraph (1) by striking ``described
in section 661'' and inserting ``described in
section 2703''; and
(ii) in paragraph (2) by striking ``described
in section 662'' and inserting ``described in
section 2701''.
(2) Capital investment plan.--Section 663 of title 14,
United States Code, is amended--
(A) <> by redesignating such
section as section 2902; and
(B) by transferring such section to appear after
section 2901 of such title (as so redesignated and
transferred by paragraph (1) of this subsection).
(3) Major acquisitions.--Section 569a of title 14, United
States Code, is amended--
(A) <> by redesignating such
section as section 2903;
(B) by transferring such section to appear after
section 2902 of such title (as so redesignated and
transferred by paragraph (2) of this subsection); and
(C) in subsection (c)(2) by striking ``of this
subchapter''.
(e) Icebreakers.--
[[Page 32]]
(1) Icebreaking on the great lakes.--For fiscal years 2016
and 2017, the Commandant of the Coast Guard may use funds made
available pursuant to section 2702(2) of title 14, United States
Code (as added by subsection (a) of this section) for the
selection of a design for and the construction of an icebreaker
that is capable of buoy tending to enhance icebreaking capacity
on the Great Lakes.
(2) Polar icebreaking.--Of the amounts authorized to be
appropriated under section 2702(2) of title 14, United States
Code, as amended by subsection (a), there is authorized to be
appropriated to the Coast Guard $4,000,000 for fiscal year 2016
and $10,000,000 for fiscal year 2017 for preacquisition
activities for a new polar icebreaker, including initial
specification development and feasibility studies.
(f) <> Additional Submissions.--The
Commandant of the Coast Guard shall submit to the Committee on Homeland
Security of the House of Representatives--
(1) each plan required under section 2904 of title 14,
United States Code, as added by subsection (a) of this section;
(2) each plan required under section 2903(e) of title 14,
United States Code, as added by section 206 of this Act;
(3) each plan required under section 2902 of title 14,
United States Code, as redesignated by subsection (d) of this
section; and
(4) each mission need statement required under section 569
of title 14, United States Code.
SEC. 102. CONFORMING AMENDMENTS.
(a) Analysis for Title 14.--The analysis for title 14, United States
Code, <> is amended by adding after the item
relating to part II the following:
``III. Coast Guard Authorizations and Reports to Congress........2701''.
(b) Analysis for Chapter 15.--The analysis for chapter 15 of title
14, United States Code, <> is amended by
striking the item relating to section 569a.
(c) Analysis for Chapter 17.--The analysis for chapter 17 of title
14, United States Code, <> is amended by
striking the items relating to sections 661, 662, 662a, and 663.
(d) Analysis for Chapter 27.--The analysis for chapter 27 of title
14, United States Code, as added by section 101(a) of this
Act, <> is amended by inserting--
(1) before the item relating to section 2702 the following:
``2701. Requirement for prior authorization of appropriations.'';
and
(2) before the item relating to section 2704 the following:
``2703. Authorization of personnel end strengths.''.
(e) Analysis for Chapter 29.--The analysis for chapter 29 of title
14, United States Code, as added by section 101(a) of this
Act, <> is amended by inserting before the item
relating to section 2904 the following:
``2901. Transmission of annual Coast Guard authorization request.
``2902. Capital investment plan.
``2903. Major acquisitions.''.
[[Page 33]]
(f) Mission Need Statement.--Section 569(b) of title 14, United
States Code, is amended--
(1) in paragraph (2) by striking ``in section 569a(e)'' and
inserting ``in section 2903''; and
(2) in paragraph (3) by striking ``under section 663(a)(1)''
and inserting ``under section 2902(a)(1)''.
TITLE II--COAST GUARD
SEC. 201. VICE COMMANDANT.
(a) Grades and Ratings.--Section 41 of title 14, United States Code,
is amended by striking ``an admiral,'' and inserting ``admirals
(two);''.
(b) Vice Commandant; Appointment.--Section 47 of title 14, United
States Code, is amended by striking ``vice admiral'' and inserting
``admiral''.
(c) Conforming Amendment.--Section 51 of title 14, United States
Code, is amended--
(1) in subsection (a) by inserting ``admiral or'' before
``vice admiral,'';
(2) in subsection (b) by inserting ``admiral or'' before
``vice admiral,'' each place it appears; and
(3) in subsection (c) by inserting ``admiral or'' before
``vice admiral,''.
SEC. 202. VICE ADMIRALS.
Section 50 of title 14, United States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) <> The President may--
``(A) designate, within the Coast Guard, no more than five
positions of importance and responsibility that shall be held by
officers who, while so serving--
``(i) shall have the grade of vice admiral, with the
pay and allowances of that grade; and
``(ii) shall perform such duties as the Commandant
may prescribe, except that if the President designates
five such positions, one position shall be the Chief of
Staff of the Coast Guard; and
``(B) designate, within the executive branch, other than
within the Coast Guard or the National Oceanic and Atmospheric
Administration, positions of importance and responsibility that
shall be held by officers who, while so serving, shall have the
grade of vice admiral, with the pay and allowances of that
grade.''; and
(B) in paragraph (3)(A) by striking ``under
paragraph (1)'' and inserting ``under paragraph
(1)(A)''; and
(2) in subsection (b)(2)--
(A) in subparagraph (B) by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following:
``(C) <> at the
discretion of the Secretary, while awaiting orders after being
relieved from the position, beginning on
[[Page 34]]
the day the officer is relieved from the position, but not for
more than 60 days; and''.
SEC. 203. COAST GUARD REMISSION OF INDEBTEDNESS.
(a) Expansion of Authority to Remit Indebtedness.--Section 461 of
title 14, United States Code, is amended to read as follows:
``Sec. 461. Remission of indebtedness
``The Secretary may have remitted or cancelled any part of a
person's indebtedness to the United States or any instrumentality of the
United States if--
``(1) the indebtedness was incurred while the person served
on active duty as a member of the Coast Guard; and
``(2) <> the Secretary determines
that remitting or cancelling the indebtedness is in the best
interest of the United States.''.
(b) Clerical Amendment.--The analysis for chapter 13 of title 14,
United States Code, is amended by striking the item relating to section
461 and inserting the following:
``461. Remission of indebtedness.''.
SEC. 204. ACQUISITION REFORM.
(a) Minimum Performance Standards.--Section 572(d)(3) of title 14,
United States Code, is amended--
(1) by redesignating subparagraphs (C) through (H) as
subparagraphs (E) through (J), respectively;
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following:
``(B) the performance data to be used to determine
whether the key performance parameters have been
resolved;''; and
(4) by inserting after subparagraph (C), as redesignated by
paragraph (2) of this subsection, the following:
``(D) the results during test and evaluation that
will be required to demonstrate that a capability,
asset, or subsystem meets performance requirements;''.
(b) Capital Investment Plan.--Section 2902 of title 14, United
States Code, as redesignated and otherwise amended by this Act, is
further amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B), by striking ``completion;''
and inserting ``completion based on the proposed
appropriations included in the budget;''; and
(B) in subparagraph (D), by striking ``at the
projected funding levels;'' and inserting ``based on the
proposed appropriations included in the budget;''; and
(2) by redesignating subsection (b) as subsection (c), and
inserting after subsection (a) the following:
``(b) New Capital Assets.--In the fiscal year following each fiscal
year for which appropriations are enacted for a new capital asset, the
report submitted under subsection (a) shall include--
``(1) <> an estimated life-cycle cost
estimate for the new capital asset;
``(2) <> an assessment of the impact the
new capital asset will have on--
``(A) delivery dates for each capital asset;
[[Page 35]]
``(B) estimated completion dates for each capital
asset;
``(C) the total estimated cost to complete each
capital asset; and
``(D) other planned construction or improvement
projects; and
``(3) recommended funding levels for each capital asset
necessary to meet the estimated completion dates and total
estimated costs included in the such asset's approved
acquisition program baseline.''; and
(3) by amending subsection (c), as so redesignated, to read
as follows:
``(c) <> Definitions.--In this section--
``(1) the term `unfunded priority' means a program or
mission requirement that--
``(A) has not been selected for funding in the
applicable proposed budget;
``(B) is necessary to fulfill a requirement
associated with an operational need; and
``(C) the Commandant would have recommended for
inclusion in the applicable proposed budget had
additional resources been available or had the
requirement emerged before the budget was submitted; and
``(2) the term `new capital asset' means--
``(A) an acquisition program that does not have an
approved acquisition program baseline; or
``(B) the acquisition of a capital asset in excess
of the number included in the approved acquisition
program baseline.''.
(c) Days Away From Homeport.-- <> Not later than 1
year after the date of the enactment of this Act, the Commandant of the
Coast Guard shall--
(1) <> implement a standard for tracking
operational days at sea for Coast Guard cutters that does not
include days during which such cutters are undergoing
maintenance or repair; and
(2) <> notify the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of the standard implemented under
paragraph (1).
(d) Fixed Wing Aircraft Fleet Mix Analysis.--
<> Not later than September 30, 2016, 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 revised fleet mix
analysis of Coast Guard fixed wing aircraft.
(e) Long-Term Major Acquisitions Plan.--Section 2903 of title 14,
United States Code, as redesignated and otherwise amended by this Act,
is further amended--
(1) by redesignating subsection (e) as subsection (g); and
(2) by inserting after subsection (d) the following:
``(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--
[[Page 36]]
``(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) acquire related command, control,
communications, computer, intelligence, surveillance,
and reconnaissance systems; and
``(C) acquire, construct, or renovate shoreside
infrastructure.
``(f) Quarterly Updates on Risks of Programs.--
``(1) In general.-- <> Not
later than 15 days after the end of each fiscal year quarter,
the Commandant of the Coast Guard shall submit to the committees
of Congress specified in subsection (a) an update setting forth
a current assessment of the risks associated with all current
major acquisition programs.
``(2) Elements.--Each update under this subsection shall set
forth, for each current major acquisition program, the
following:
``(A) The top five current risks to such program.
``(B) Any failure of such program to demonstrate a
key performance parameter or threshold during
operational test and evaluation conducted during the
fiscal year quarter preceding such update.
``(C) Whether there has been any decision during
such fiscal year quarter to order full-rate production
before all key performance parameters or thresholds are
met.
``(D) Whether there has been any breach of major
acquisition program cost (as defined by the Major
Systems Acquisition Manual) during such fiscal year
quarter.
``(E) Whether there has been any breach of major
acquisition program schedule (as so defined) during such
fiscal year quarter.''.
SEC. 205. AUXILIARY JURISDICTION.
(a) In General.--Section 822 of title 14, United States Code, is
amended--
(1) by striking ``The purpose'' and inserting the following:
``(a) In General.--The purpose''; and
(2) by adding at the end the following:
``(b) Limitation.--The Auxiliary may conduct a patrol of a waterway,
or a portion thereof, only if--
``(1) the Commandant has determined such waterway, or
portion thereof, is navigable for purposes of the jurisdiction
of the Coast Guard; or
``(2) a State or other proper authority has requested such
patrol pursuant to section 141 of this title or section 13109 of
title 46.''.
(b) Notification.--The Commandant of the Coast Guard shall--
(1) <> review the waterways
patrolled by the Coast Guard Auxiliary in the most recently
completed fiscal year to determine whether such waterways are
eligible or ineligible for
[[Page 37]]
patrol under section 822(b) of title 14, United States Code (as
added by subsection (a)); and
(2) <> not later than 180 days after the
date of the enactment of this Act, 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 written notification of--
(A) any waterways determined ineligible for patrol
under paragraph (1); and
(B) the actions taken by the Commandant to ensure
Auxiliary patrols do not occur on such waterways.
SEC. 206. COAST GUARD COMMUNITIES.
Section 409 of the Coast Guard Authorization Act of 1998 (14 U.S.C.
639 note) is amended in the second sentence by striking ``90 days'' and
inserting ``30 days''.
SEC. 207. POLAR ICEBREAKERS.
(a) <> Incremental Funding
Authority for Polar Icebreakers.--In fiscal year 2016 and each fiscal
year thereafter, the Commandant of the Coast Guard may enter into a
contract or contracts for the acquisition of polar icebreakers and
associated equipment using incremental funding.
(b) ``Polar Sea'' Materiel Condition Assessment and Service Life
Extension.--Section 222 of the Coast Guard and Maritime Transportation
Act of 2012 (Public Law 112-213; 126 Stat. 1560) is amended--
(1) by amending subsection (a) to read as follows:
``(a) <> In General.--Not later than 1 year after
the date of the enactment of the Coast Guard Authorization Act of 2015,
the Secretary of the department in which the Coast Guard is operating
shall--
``(1) <> complete a materiel condition
assessment with respect to the Polar Sea;
``(2) <> make a determination of
whether it is cost effective to reactivate the Polar Sea
compared with other options to provide icebreaking services as
part of a strategy to maintain polar icebreaking services; and
``(3) submit to the Committee on Transportation and
Infrastructure and the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate--
``(A) the assessment required under paragraph (1);
and
``(B) written notification of the determination
required under paragraph (2).'';
(2) in subsection (b) by striking ``analysis'' and inserting
``written notification'';
(3) by striking subsection (c);
(4) by redesignating subsections (d) through (h) as
subsections (c) through (g), respectively;
(5) in subsection (c) (as redesignated by paragraph (4) of
this section)--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking ``based on
the analysis required''; and
(ii) in subparagraph (C) by striking
``analysis'' and inserting ``written
notification'';
(B) in paragraph (2)--
[[Page 38]]
(i) by striking ``analysis'' each place it
appears and inserting ``written notification'';
(ii) by striking ``subsection (a)'' and
inserting ``subsection (a)(3)(B)'';
(iii) by striking ``subsection (c)'' each
place it appears and inserting ``that
subsection''; and
(iv) by striking ``under subsection (a)(5)'';
and
(C) in paragraph (3)--
(i) by striking ``in the analysis submitted
under this section'';
(ii) by striking ``(a)(5)'' and inserting
``(a)'';
(iii) by striking ``then'' and all that
follows through ``(A)'' and inserting ``then'';
(iv) by striking ``; or'' and inserting a
period; and
(v) by striking subparagraph (B); and
(6) in subsection (d) (as redesignated by paragraph (4) of
this subsection) by striking ``in subsection (d)'' and inserting
``in subsection (c)''.
SEC. 208. AIR FACILITY CLOSURES.
(a) In General.--Chapter 17 of title 14, United States Code, is
amended by inserting after section 676 the following:
``Sec. 676a. <> Air facility closures
``(a) Prohibition.--
``(1) In general.--The Coast Guard may not--
``(A) close a Coast Guard air facility that was in
operation on November 30, 2014; or
``(B) retire, transfer, relocate, or deploy an
aviation asset from an air facility described in
subparagraph (A) for the purpose of closing such
facility.
``(2) Sunset.--Paragraph (1) shall have no force or effect
beginning on the later of--
``(A) January 1, 2018; or
``(B) the date on which the Secretary submits to the
Committee on Transportation and Infrastructure of the
House of Representatives, and to the Committee on
Commerce, Science, and Transportation of the Senate,
rotary wing strategic plans prepared in accordance with
section 208(b) of the Coast Guard Authorization Act of
2015.
``(b) Closures.--
``(1) <> In general.--Beginning on
January 1, 2018, the Secretary may not close a Coast Guard air
facility, except as specified by this section.
``(2) Determinations.--The Secretary may not propose closing
or terminating operations at a Coast Guard air facility unless
the Secretary determines that--
``(A) remaining search and rescue capabilities
maintain the safety of the maritime public in the area
of the air facility;
``(B) regional or local prevailing weather and
marine conditions, including water temperatures or
unusual tide and current conditions, do not require
continued operation of the air facility; and
``(C) Coast Guard search and rescue standards
related to search and response times are met.
[[Page 39]]
``(3) Public notice and comment.--Prior to closing an air
facility, the Secretary shall provide opportunities for public
comment, including the convening of public meetings in
communities in the area of responsibility of the air facility
with regard to the proposed closure or cessation of operations
at the air facility.
``(4) Notice to congress.--Prior to closure, cessation of
operations, or any significant reduction in personnel and use of
a Coast Guard air facility that is in operation on or after
December 31, 2015, the Secretary shall--
``(A) <> submit to the Congress a
proposal for such closure, cessation, or reduction in
operations along with the budget of the President
submitted to Congress under section 1105(a) of title 31
for the fiscal year in which the action will be carried
out; and
``(B) <> not later than 7 days
after the date a proposal for an air facility is
submitted pursuant to subparagraph (A), provide written
notice of such proposal to each of the following:
``(i) Each member of the House of
Representatives who represents a district in which
the air facility is located.
``(ii) Each member of the Senate who
represents a State in which the air facility is
located.
``(iii) Each member of the House of
Representatives who represents a district in which
assets of the air facility conduct search and
rescue operations.
``(iv) Each member of the Senate who
represents a State in which assets of the air
facility conduct search and rescue operations.
``(v) The Committee on Appropriations of the
House of Representatives.
``(vi) The Committee on Transportation and
Infrastructure of the House of Representatives.
``(vii) The Committee on Appropriations of the
Senate.
``(viii) The Committee on Commerce, Science,
and Transportation of the Senate.
``(c) Operational Flexibility.--The Secretary may implement any
reasonable management efficiencies within the air station and air
facility network, such as modifying the operational posture of units or
reallocating resources as necessary to ensure the safety of the maritime
public nationwide.''.
(b) Rotary Wing Strategic Plans.--
(1) In general.--The Secretary of the department in which
the Coast Guard is operating shall prepare the plans specified
in paragraph (2) to adequately address contingencies arising
from potential future aviation casualties or the planned or
unplanned retirement of rotary wing airframes to avoid to the
greatest extent practicable any substantial gap or diminishment
in Coast Guard operational capabilities.
(2) Rotary wing strategic plans.--
(A) <> Rotary wing contingency
plan.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the department in which
the Coast Guard is operating shall develop and submit to
the Committee on Transportation and Infrastructure of
the House of Representatives
[[Page 40]]
and the Committee on Commerce, Science, and
Transportation of the Senate a contingency plan--
(i) to address the planned or unplanned losses
of rotary wing airframes;
(ii) to reallocate resources as necessary to
ensure the safety of the maritime public
nationwide; and
(iii) to ensure the operational posture of
Coast Guard units.
(B) Rotary wing replacement capital investment
plan.--
(i) <> In general.--Not later
than 2 years after the date of enactment of this
Act, the Secretary of the department in which the
Coast Guard is operating shall develop and submit
to the Committee on Transportation and
Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate a capital investment
plan for the acquisition of new rotary wing
airframes to replace the Coast Guard's legacy
helicopters and fulfil all existing mission
requirements.
(ii) Requirements.--The plan developed under
this subparagraph shall provide--
(I) <> a
total estimated cost for completion;
(II) <> a
timetable for completion of the
acquisition project and phased in
transition to new airframes; and
(III) projected annual funding
levels for each fiscal year.
(c) Technical and Conforming Amendments.--
(1) Analysis for chapter 17.--The analysis for chapter 17 of
title 14, United States Code, <> is
amended by inserting after the item relating to section 676 the
following:
``676a. Air facility closures.''.
(2) Repeal of prohibition.--Section 225 of the Howard Coble
Coast Guard and Maritime Transportation Act of 2014 (Public Law
113-281; 128 Stat. 3022) is amended--
(A) by striking subsection (b); and
(B) by striking ``(a) In General.--''.
SEC. 209. TECHNICAL CORRECTIONS TO TITLE 14, UNITED STATES CODE.
Title 14, United States Code, as amended by this Act, is further
amended--
(1) in the analysis for part I, <> by
striking the item relating to chapter 19 and inserting the
following:
``19. Environmental Compliance and Restoration Program............690'';
(2) in section 46(a), by striking ``subsection'' and
inserting ``section'';
(3) in section 47, in the section heading by striking
``commandant'' and inserting ``Commandant'';
(4) in section 93(f), by striking paragraph (2) and
inserting the following:
``(2) <> Limitation.--The Commandant may
lease submerged lands and tidelands under paragraph (1) only
if--
``(A) the lease is for cash exclusively;
[[Page 41]]
``(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
687.'';
(5) in the analysis for chapter 9, <> by striking the item relating to section 199 and
inserting the following:
``199. Marine safety curriculum.'';
(6) in section 427(b)(2), by striking ``this chapter'' and
inserting ``chapter 61 of title 10'';
(7) in the analysis for chapter 15 before the item relating
to section 571, <> by striking the
following:
``Sec.'';
(8) in section 581(5)(B), by striking ``$300,000,0000,'' and
inserting ``$300,000,000,'';
(9) in section 637(c)(3), in the matter preceding
subparagraph (A) by inserting ``it is'' before ``any'';
(10) in section 641(d)(3), by striking ``Guard,
installation'' and inserting ``Guard installation'';
(11) in section 691(c)(3), by striking ``state'' and
inserting ``State'';
(12) in the analysis for chapter 21-- <>
(A) by striking the item relating to section 709 and
inserting the following:
``709. Reserve student aviation pilots; Reserve aviation pilots;
appointments in commissioned grade.'';
and
(B) by striking the item relating to section 740 and
inserting the following:
``740. Failure of selection and removal from an active status.'';
(13) in section 742(c), by striking ``subsection'' and
inserting ``subsections'';
(14) in section 821(b)(1), by striking ``Chapter 26'' and
inserting ``Chapter 171''; and
(15) in section 823a(b)(1), by striking ``Chapter 26'' and
inserting ``Chapter 171''.
SEC. 210. <> DISCONTINUANCE OF AN AID TO
NAVIGATION.
(a) <> In General.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of the department
in which the Coast Guard is operating shall establish a process for the
discontinuance of an aid to navigation (other than a seasonal or
temporary aid) established, maintained, or operated by the Coast Guard.
(b) <> Requirement.--The process established under subsection
(a) shall include procedures to notify the public of any discontinuance
of an aid to navigation described in that subsection.
[[Page 42]]
(c) Consultation.--In establishing a process under subsection (a),
the Secretary shall consult with and consider any recommendations of the
Navigation Safety Advisory Council.
(d) <> Notification.--Not later than 30 days after
establishing a process under subsection (a), the Secretary shall notify
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of the process established.
SEC. 211. <> MISSION PERFORMANCE
MEASURES.
Not later than 1 year 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 and the Committee on
Homeland Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate an assessment of the
efficacy of the Coast Guard's Standard Operational Planning Process with
respect to annual mission performance measures.
SEC. 212. <> COMMUNICATIONS.
(a) <> In General.--If the Secretary of
Homeland Security determines that there are at least two communications
systems described under paragraph (1)(B) and certified under paragraph
(2), the Secretary shall establish and carry out a pilot program across
not less than three components of the Department of Homeland Security to
assess the effectiveness of a communications system that--
(1) provides for--
(A) multiagency collaboration and interoperability;
and
(B) wide-area, secure, and peer-invitation- and-
acceptance-based multimedia communications;
(2) is certified by the Department of Defense Joint
Interoperability Test Center; and
(3) is composed of commercially available, off-the-shelf
technology.
(b) <> Assessment.--Not later than 6 months after
the date on which the pilot program is completed, the Secretary shall
submit 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 and the Committee
Homeland Security and Governmental Affairs of the Senate an assessment
of the pilot program, including the impacts of the program with respect
to interagency and Coast Guard response capabilities.
(c) Strategy.--The pilot program shall be consistent with the
strategy required by the Department of Homeland Security Interoperable
Communications Act (Public Law 114-29).
(d) Timing.--The pilot program shall commence within 90 days after
the date of the enactment of this Act or within 60 days after the
completion of the strategy required by the Department of Homeland
Security Interoperable Communications Act (Public Law 114-29), whichever
is later.
SEC. 213. <> COAST GUARD
GRADUATE MARITIME OPERATIONS EDUCATION.
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 an education program, for members and employees of the
Coast Guard, that--
[[Page 43]]
(1) offers a master's degree in maritime operations;
(2) is relevant to the professional development of such
members and employees;
(3) provides resident and distant education options,
including the ability to utilize both options; and
(4) to the greatest extent practicable, is conducted using
existing academic programs at an accredited public academic
institution that--
(A) is located near a significant number of Coast
Guard, maritime, and other Department of Homeland
Security law enforcement personnel; and
(B) has an ability to simulate operations normally
conducted at a command center.
SEC. 214. PROFESSIONAL DEVELOPMENT.
(a) Multirater Assessment.--
(1) In general.--Chapter 11 of title 14, United States Code,
is amended by inserting after section 428 the following:
``Sec. 429. <> Multirater assessment of certain
personnel
``(a) Multirater Assessment of Certain Personnel.--
``(1) <> In
general.--Commencing not later than one year after the date of
the enactment of the Coast Guard Authorization Act of 2015, the
Commandant of the Coast Guard shall develop and implement a plan
to conduct every two years a multirater assessment for each of
the following:
``(A) Each flag officer of the Coast Guard.
``(B) Each member of the Senior Executive Service of
the Coast Guard.
``(C) Each officer of the Coast Guard nominated for
promotion to the grade of flag officer.
``(2) Post-assessment elements.--Following an assessment of
an individual pursuant to paragraph (1), the individual shall be
provided appropriate post-assessment counseling and leadership
coaching.
``(b) Multirater Assessment Defined.--In this section, the term
`multirater assessment' means a review that seeks opinion from members
senior to the reviewee and the peers and subordinates of the
reviewee.''.
(2) Clerical amendment.--The analysis at the beginning of
such chapter <> is amended by inserting
after the item related to section 428 the following:
``429. Multirater assessment of certain personnel.''.
(b) <> Training Course on Workings of Congress.--
(1) <> In general.--Chapter 3
of title 14, United States Code, is amended by adding at the end
the following:
``Sec. 60. Training course on workings of Congress
``(a) In General.--Not later than 180 days after the date of the
enactment of the Coast Guard Authorization Act of 2015, the Commandant,
in consultation with the Superintendent of the Coast Guard Academy and
such other individuals and organizations as the Commandant considers
appropriate, shall develop a training course on the workings of the
Congress and offer that training course at least once each year.
[[Page 44]]
``(b) Course Subject Matter.--The training course required by this
section shall provide an overview and introduction to the Congress and
the Federal legislative process, including--
``(1) the history and structure of the Congress and the
committee systems of the House of Representatives and the
Senate, including the functions and responsibilities of the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate;
``(2) the documents produced by the Congress, including
bills, resolutions, committee reports, and conference reports,
and the purposes and functions of those documents;
``(3) the legislative processes and rules of the House of
Representatives and the Senate, including similarities and
differences between the two processes and rules, including--
``(A) the congressional budget process;
``(B) the congressional authorization and
appropriation processes;
``(C) the Senate advice and consent process for
Presidential nominees;
``(D) the Senate advice and consent process for
treaty ratification;
``(4) the roles of Members of Congress and congressional
staff in the legislative process; and
``(5) the concept and underlying purposes of congressional
oversight within our governance framework of separation of
powers.
``(c) Lecturers and Panelists.--
``(1) Outside experts.--The Commandant shall ensure that not
less than 60 percent of the lecturers, panelists, and other
individuals providing education and instruction as part of the
training course required by this section are experts on the
Congress and the Federal legislative process who are not
employed by the executive branch of the Federal Government.
``(2) Authority to accept pro bono services.--In satisfying
the requirement under paragraph (1), the Commandant shall seek,
and may accept, educational and instructional services of
lecturers, panelists, and other individuals and organizations
provided to the Coast Guard on a pro bono basis.
``(d) <> Completion of Required Training.--
``(1) Current flag officers and employees.--A Coast Guard
flag officer appointed or assigned to a billet in the National
Capital Region on the date of the enactment of this section, and
a Coast Guard Senior Executive Service employee employed in the
National Capital Region on the date of the enactment of this
section, shall complete a training course that meets the
requirements of this section within 60 days after the date on
which the Commandant completes the development of the training
course.
``(2) New flag officers and employees.--A Coast Guard flag
officer who is newly appointed or assigned to a billet in the
National Capital Region, and a Coast Guard Senior Executive
Service employee who is newly employed in the National Capital
Region, shall complete a training course that meets the
requirements of this section not later than 60 days after
reporting for duty.''.
[[Page 45]]
(2) Clerical amendment.--The analysis at the beginning of
such chapter <> is amended by adding at
the end the following:
``60. Training course on workings of Congress.''.
(c) Report on Leadership Development.--
(1) In general.--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 Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on
Coast Guard leadership development.
(2) <> Contents.--The report shall
include the following:
(A) An assessment of the feasibility of--
(i) all officers (other than officers covered
by section 429(a) of title 14, United States Code,
as amended by this section) completing a
multirater assessment;
(ii) all members (other than officers covered
by such section) in command positions completing a
multirater assessment;
(iii) all enlisted members in a supervisory
position completing a multirater assessment; and
(iv) members completing periodic multirater
assessments.
(B) <> Such
recommendations as the Commandant considers appropriate
for the implementation or expansion of a multirater
assessment in the personnel development programs of the
Coast Guard.
(C) An overview of each of the current leadership
development courses of the Coast Guard, an assessment of
the feasibility of the expansion of any such course, and
a description of the resources, if any, required to
expand such courses.
(D) An assessment on the state of leadership
training in the Coast Guard, and recommendations on the
implementation of a policy to prevent leadership that
has adverse effects on subordinates, the organization,
or mission performance, including--
(i) a description of methods that will be used
by the Coast Guard to identify, monitor, and
counsel individuals whose leadership may have
adverse effects on subordinates, the organization,
or mission performance;
(ii) the implementation of leadership
recognition training to recognize such leadership
in one's self and others;
(iii) the establishment of procedures for the
administrative separation of leaders whose
leadership may have adverse effects on
subordinates, the organization, or mission
performance; and
(iv) a description of the resources needed to
implement this subsection.
SEC. 215. SENIOR ENLISTED MEMBER CONTINUATION BOARDS.
(a) In General.--Section 357 of title 14, United States Code, is
amended--
(1) by striking subsections (a) through (h) and subsection
(j); and
[[Page 46]]
(2) in subsection (i), by striking ``(i)''.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 357. Retirement of enlisted members: increase in retired
pay''
(2) Clerical amendment.--The analysis at the beginning of
chapter 11 of such title <> is amended
by striking the item relating to such section and inserting the
following:
``357. Retirement of enlisted members: increase in retired pay.''.
SEC. 216. COAST GUARD MEMBER PAY.
(a) Annual Audit of Pay and Allowances of Members Undergoing
Permanent Change of Station.--
(1) In general.--Chapter 13 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 519. <> Annual audit of pay and
allowances of members undergoing permanent change
of station
``The Commandant shall conduct each calendar year an audit of member
pay and allowances for the members who transferred to new units during
such calendar year. The audit for a calendar year shall be completed by
the end of the calendar year.''.
(2) Clerical amendment.--The analysis at the beginning of
such chapter <> is amended by adding at
the end the following:
``519. Annual audit of pay and allowances of members undergoing
permanent change of station.''.
(b) <> Report.--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 Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on alternative methods for
notifying members of the Coast Guard of their monthly earnings. The
report shall include--
(1) an assessment of the feasibility of providing members a
monthly notification of their earnings, categorized by pay and
allowance type; and
(2) a description and assessment of mechanisms that may be
used to provide members with notification of their earnings,
categorized by pay and allowance type.
SEC. 217. <> TRANSFER OF FUNDS NECESSARY
TO PROVIDE MEDICAL CARE.
(a) Transfer Required.--In lieu of the reimbursement required under
section 1085 of title 10, United States Code, the Secretary of Homeland
Security shall transfer to the Secretary of Defense 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
[[Page 47]]
Retiree Health Care Fund) 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 transferred 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 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) transferred 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 amount transferred is
determined excessive or insufficient based on the services
actually provided.
(c) No Transfer When Service in Navy.--No transfer 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 transfer of an amount that represents the
value of, treatment or care provided under any TRICARE program.
SEC. 218. PARTICIPATION OF THE COAST GUARD ACADEMY IN FEDERAL,
STATE, OR OTHER EDUCATIONAL RESEARCH
GRANTS.
Section 196 of title 14, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before the first
sentence; and
(2) by adding at the end the following:
``(b) Qualified Organizations.--
``(1) In general.--The Commandant of the Coast Guard may--
``(A) <> enter into a contract,
cooperative agreement, lease, or licensing agreement
with a qualified organization;
``(B) allow a qualified organization to use, at no
cost, personal property of the Coast Guard; and
``(C) notwithstanding section 93, accept funds,
supplies, and services from a qualified organization.
``(2) Sole-source basis.--Notwithstanding chapter 65 of
title 31 and chapter 137 of title 10, the Commandant may enter
into a contract or cooperative agreement under paragraph (1)(A)
on a sole-source basis.
``(3) Maintaining fairness, objectivity, and integrity.--The
Commandant shall ensure that contributions under this subsection
do not--
``(A) reflect unfavorably on the ability of the
Coast Guard, any of its employees, or any member of the
armed forces to carry out any responsibility or duty in
a fair and objective manner; or
[[Page 48]]
``(B) compromise the integrity or appearance of
integrity of any program of the Coast Guard, or any
individual involved in such a program.
``(4) Limitation.--For purposes of this subsection,
employees or personnel of a qualified organization shall not be
employees of the United States.
``(5) Qualified organization defined.--In this subsection
the term `qualified organization' means an organization--
``(A) described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of that Code; and
``(B) established by the Coast Guard Academy Alumni
Association solely for the purpose of supporting
academic research and applying for and administering
Federal, State, or other educational research grants on
behalf of the Coast Guard Academy.''.
SEC. 219. NATIONAL COAST GUARD MUSEUM.
Section 98(b) of title 14, United States Code, is amended--
(1) in paragraph (1), by striking ``any appropriated Federal
funds for'' and insert ``any funds appropriated to the Coast
Guard on''; and
(2) in paragraph (2), by striking ``artifacts.'' and
inserting ``artifacts, including the design, fabrication, and
installation of exhibits or displays in which such artifacts are
included.''.
SEC. 220. INVESTIGATIONS.
(a) In General.--Chapter 11 of title 14, United States Code, is
further amended by adding at the end the following:
``Sec. 430. <> Investigations of flag officers
and Senior Executive Service employees
``In conducting an investigation into an allegation of misconduct by
a flag officer or member of the Senior Executive Service serving in the
Coast Guard, the Inspector General of the Department of Homeland
Security shall--
``(1) conduct the investigation in a manner consistent with
Department of Defense policies for such an investigation; and
``(2) <> consult with the Inspector
General of the Department of Defense.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter <> is further amended by inserting after
the item related to section 429 the following:
``430. Investigations of flag officers and Senior Executive Service
employees.''.
SEC. 221. <> CLARIFICATION OF
ELIGIBILITY OF MEMBERS OF THE COAST GUARD
FOR COMBAT-RELATED SPECIAL COMPENSATION.
(a) Consideration of Eligibility.--
(1) <> In
general.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of the department is which the Coast
Guard is operating shall issue procedures and criteria to use in
determining whether the disability of a member of the Coast
Guard is a combat-related disability for purposes of the
eligibility of such member for combat-related special
compensation under section 1413a of title 10, United States
Code. Such procedures and criteria shall include the procedures
and criteria prescribed by the Secretary of Defense
[[Page 49]]
pursuant to subsection (e)(2) of such
section. <> Such procedures and criteria
shall apply in determining whether the disability of a member of
the Coast Guard is a combat-related disability for purposes of
determining the eligibility of such member for combat-related
special compensation under such section.
(2) Disability for which a determination is made.--For the
purposes of this section, and in the case of a member of the
Coast Guard, a disability under section 1413a(e)(2)(B) of title
10, United States Code, includes a disability incurred during
aviation duty, diving duty, rescue swimmer or similar duty, and
hazardous service duty onboard a small vessel (such as duty as a
surfman)--
(A) in the performance of duties for which special
or incentive pay was paid pursuant to section 301, 301a,
304, 307, 334, or 351 of title 37, United States Code;
(B) in the performance of duties related to a
statutory mission of the Coast Guard under paragraph (1)
or paragraph (2) of section 888(a) of the Homeland
Security Act of 2002 (6 U.S.C. 468(a)), including--
(i) law enforcement, including drug or migrant
interdiction;
(ii) defense readiness; or
(iii) search and rescue; or
(C) while engaged in a training exercise for the
performance of a duty described in subparagraphs (A) and
(B).
(b) <> Applicability of Procedures and
Criteria.--The procedures and criteria issued pursuant to subsection (a)
shall apply to disabilities described in that subsection that are
incurred on or after the effective date provided in section 636(a)(2) of
the Bob Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 116 Stat. 2574; 10 U.S.C. 1413a note).
(c) <> Reapplication for Compensation.--Any
member of the Coast Guard who was denied combat-related special
compensation under section 1413a of title 10, United States Code, during
the period beginning on the effective date specified in subsection (b)
and ending on the date of the issuance of the procedures and criteria
required by subsection (a) may reapply for combat-related special
compensation under such section on the basis of such procedures and
criteria in accordance with such procedures as the Secretary of the
department in which the Coast Guard is operating shall specify.
SEC. 222. LEAVE POLICIES FOR THE COAST GUARD.
(a) In General.--Chapter 11 of title 14, United States Code, is
further amended by inserting after section 430 the following:
``Sec. 431. <> Leave policies for the Coast
Guard
``Not <> later than 1 year after the
date on which the Secretary of the Navy promulgates a new rule, policy,
or memorandum pursuant to section 704 of title 10, United States Code,
with respect to leave associated with the birth or adoption of a child,
the Secretary of the department in which the Coast Guard is operating
shall promulgate a similar rule, policy, or memorandum that provides
leave to officers and enlisted members of the Coast Guard that is equal
in duration and compensation to that provided by the Secretary of the
Navy.''.
[[Page 50]]
(b) Clerical Amendment.--The analysis at the beginning of such
chapter <> is further amended by inserting after
the item related to section 430 the following:
``431. Leave policies for the Coast Guard.''.
TITLE III--SHIPPING AND NAVIGATION
SEC. 301. SURVIVAL CRAFT.
(a) In General.--Section 3104 of title 46, United States Code, is
amended to read as follows:
``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 2015.
``(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 2015, 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(e).''.
(b) <> Review; Revision of Regulations.--
(1) <> Review.--Not later than December 31,
2016, the Secretary of the department in which the Coast Guard
is operating shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a review
of--
(A) <> the number of casualties
for individuals with disabilities, children, and the
elderly as a result of immersion in water, reported to
the Coast Guard over the preceding 30-year period, by
vessel type and area of operation;
(B) the risks to individuals with disabilities,
children, and the elderly as a result of immersion in
water, by passenger vessel type and area of operation;
(C) the effect that carriage of survival craft that
ensure that no part of an individual is immersed in
water has on--
(i) passenger vessel safety, including
stability and safe navigation;
[[Page 51]]
(ii) improving the survivability of
individuals, including individuals with
disabilities, children, and the elderly; and
(iii) the costs, the incremental cost
difference to vessel operators, and the cost
effectiveness of requiring the carriage of such
survival craft to address the risks to individuals
with disabilities, children, and the elderly;
(D) the efficacy of alternative safety systems,
devices, or measures in improving survivability of
individuals with disabilities, children, and the
elderly; and
(E) the number of small businesses and nonprofit
vessel operators that would be affected by requiring the
carriage of such survival craft on passenger vessels to
address the risks to individuals with disabilities,
children, and the elderly.
(2) <> Scope.--In conducting the review
under paragraph (1), the Secretary shall include an examination
of passenger vessel casualties that have occurred in the waters
of other nations.
(3) <> Updates.--The Secretary shall update
the review required under paragraph (1) every 5 years.
(4) <> Revision.--Based on the review
conducted under paragraph (1), including updates thereto, the
Secretary shall revise regulations concerning the carriage of
survival craft under section 3104(c) of title 46, United States
Code.
(c) GAO Study.--
(1) <> In
general.--Not later than 5 years after the date of enactment of
this Act, the Comptroller General of the United States shall
complete and 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
to determine any adverse or positive changes in public safety
after the implementation of the amendments and requirements
under this section and section 3104 of title 46, United States
Code.
(2) <> Requirements.--In completing the
report under paragraph (1), the Comptroller General shall
examine--
(A) the number of casualties, by vessel type and
area of operation, as the result of immersion in water
reported to the Coast Guard for each of the 10 most
recent fiscal years for which such data are available;
(B) data for each fiscal year on--
(i) vessel safety, including stability and
safe navigation; and
(ii) survivability of individuals, including
individuals with disabilities, children, and the
elderly;
(C) the efficacy of alternative safety systems,
devices, or measures; and
(D) any available data on the costs of the
amendments and requirements under this section and
section 3104 of title 46, United States Code.
SEC. 302. VESSEL REPLACEMENT.
(a) Loans and Guarantees.--Chapter 537 of title 46, United States
Code, is amended--
(1) in section 53701--
[[Page 52]]
(A) by redesignating paragraphs (8) through (14) as
paragraphs (9) through (15), respectively; and
(B) by inserting after paragraph (7) the following:
``(8) <> Historical uses.--The term
`historical uses' includes--
``(A) refurbishing, repairing, rebuilding, or
replacing equipment on a fishing vessel, without
materially increasing harvesting capacity;
``(B) purchasing a used fishing vessel;
``(C) purchasing, constructing, expanding, or
reconditioning a fishery facility;
``(D) refinancing existing debt;
``(E) reducing fishing capacity; and
``(F) making upgrades to a fishing vessel, including
upgrades in technology, gear, or equipment, that
improve--
``(i) collection and reporting of fishery-
dependent data;
``(ii) bycatch reduction or avoidance;
``(iii) gear selectivity;
``(iv) adverse impacts caused by fishing gear;
or
``(v) safety.''; and
(2) in section 53702(b), by adding at the end the following:
``(3) Minimum obligations available for historic uses.--Of
the direct loan obligations issued by the Secretary under this
chapter, the Secretary shall make a minimum of $59,000,000
available each fiscal year for historic uses.
``(4) Use of obligations in limited access fisheries.--In
addition to the other eligible purposes and uses of direct loan
obligations provided for in this chapter, the Secretary may
issue direct loan obligations for the purpose of--
``(A) financing the construction or reconstruction
of a fishing vessel in a fishery managed under a limited
access system; or
``(B) financing the purchase of harvesting rights in
a fishery that is federally managed under a limited
access system.''.
(b) Limitation on Application to Certain Fishing Vessels of
Prohibition Under Vessel Construction Program.--Section 302(b)(2) of the
Fisheries Financing Act (title III of Public Law 104-297; 46 U.S.C.
53706 note) is amended--
(1) in the second sentence--
(A) by striking ``or in'' and inserting ``, in'';
and
(B) by inserting before the period the following:
``, in fisheries that are under the jurisdiction of the
North Pacific Fishery Management Council and managed
under a fishery management plan issued under the
Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.), or in the Pacific whiting
fishery that is under the jurisdiction of the Pacific
Fishery Management Council and managed under a fishery
management plan issued under that Act''; and
(2) by adding at the end the following: ``Any fishing vessel
operated in fisheries under the jurisdiction of the North
Pacific Fishery Management Council and managed under a fishery
management plan issued under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), or in
the Pacific whiting fishery under the jurisdiction of the
[[Page 53]]
Pacific Fishery Management Council and managed under a fishery
management plan issued under that Act, and that is replaced by a
vessel that is constructed or rebuilt with a loan or loan
guarantee provided by the Federal Government may not be used to
harvest fish in any fishery under the jurisdiction of any
regional fishery management council, other than a fishery under
the jurisdiction of the North Pacific Fishery Management Council
or the Pacific Fishery Management Council.''.
SEC. 303. MODEL YEARS FOR RECREATIONAL VESSELS.
(a) In General.--Section 4302 of title 46, United States Code is
amended by adding at the end the following:
``(e)(1) Under this section, a model year for recreational vessels
and associated equipment shall, except as provided in paragraph (2)--
``(A) <> begin on
June 1 of a year and end on July 31 of the following year; and
``(B) be designated by the year in which it ends.
``(2) Upon the request of a recreational vessel manufacturer to
which this chapter applies, the Secretary may alter a model year for a
model of recreational vessel of the manufacturer and associated
equipment, by no more than 6 months from the model year described in
paragraph (1).''.
(b) <> Application.--This section shall
only apply with respect to recreational vessels and associated equipment
constructed or manufactured, respectively, on or after the date of
enactment of this Act.
SEC. 304. <> MERCHANT MARINER
CREDENTIAL EXPIRATION HARMONIZATION.
(a) In General.--Except as provided in subsection (c) and 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
a process to harmonize the expiration dates of merchant mariner
credentials, mariner medical certificates, and radar observer
endorsements for individuals applying to the Secretary for a new
merchant mariner credential or for renewal of an existing merchant
mariner credential.
(b) Requirements.--The Secretary shall ensure that the process
established under subsection (a)--
(1) does not require an individual to renew a merchant
mariner credential earlier than the date on which the
individual's current credential expires; and
(2) <> results in harmonization of
expiration dates for merchant mariner credentials, mariner
medical certificates, and radar observer endorsements for all
individuals by not later than 6 years after the date of the
enactment of this Act.
(c) Exception.--The process established under subsection (a) does
not apply to individuals--
(1) holding a merchant mariner credential with--
(A) an active Standards of Training, Certification,
and Watchkeeping endorsement; or
(B) Federal first-class pilot endorsement; or
(2) who have been issued a time-restricted medical
certificate.
[[Page 54]]
SEC. 305. <> SAFETY ZONES FOR
PERMITTED MARINE EVENTS.
Not later than 6 months after the date of the enactment of this Act,
the Secretary of the department in which the Coast Guard is operating
shall establish and implement a process to--
(1) account for the number of safety zones established for
permitted marine events;
(2) differentiate whether the event sponsor who requested a
permit for such an event is--
(A) an individual;
(B) an organization; or
(C) a government entity; and
(3) account for Coast Guard resources utilized to enforce
safety zones established for permitted marine events, including
for--
(A) the number of Coast Guard or Coast Guard
Auxiliary vessels used; and
(B) the number of Coast Guard or Coast Guard
Auxiliary patrol hours required.
SEC. 306. TECHNICAL CORRECTIONS.
(a) Title 46.--Title 46, United States Code, is amended--
(1) in section 103, by striking ``(33 U.S.C. 151).'' and
inserting ``(33 U.S.C. 151(b)).'';
(2) in section 2118--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``title,'' and inserting
``subtitle,''; and
(B) in subsection (b), by striking ``title'' and
inserting ``subtitle'';
(3) <> in the analysis for chapter
35--
(A) by adding a period at the end of the item
relating to section 3507; and
(B) by adding a period at the end of the item
relating to section 3508;
(4) in section 3715(a)(2), by striking ``; and'' and
inserting a semicolon;
(5) in section 4506, by striking ``(a)'';
(6) in section 8103(b)(1)(A)(iii), by striking ``Academy.''
and inserting ``Academy; and'';
(7) in section 11113(c)(1)(A)(i), by striking ``under this
Act'';
(8) <> in the analysis for chapter
701--
(A) by adding a period at the end of the item
relating to section 70107A;
(B) in the item relating to section 70112, by
striking ``security advisory committees.'' and inserting
``Security Advisory Committees.''; and
(C) in the item relating to section 70122, by
striking ``watch program.'' and inserting ``Watch
Program.'';
(9) in section 70105(c)--
(A) in paragraph (1)(B)(xv)--
(i) by striking ``18, popularly'' and
inserting ``18 (popularly''; and
(ii) by striking ``Act'' and inserting
``Act)''; and
(B) in paragraph (2), by striking ``(D) paragraph''
and inserting ``(D) of paragraph'';
(10) in section 70107--
(A) in subsection (b)(2), by striking
``5121(j)(8)),'' and inserting ``5196(j)(8)),''; and
[[Page 55]]
(B) in subsection (m)(3)(C)(iii), by striking ``that
is'' and inserting ``that the applicant'';
(11) in section 70122, in the section heading, by striking
``watch program'' and inserting ``Watch Program''; and
(12) <> in the analysis for
chapter 705, by adding a period at the end of the item relating
to section 70508.
(b) General Bridge Statutes.--
(1) Act of march 3, 1899.--The Act of March 3, 1899,
popularly known as the Rivers and Harbors Appropriations Act of
1899, is amended--
(A) in section 9 (33 U.S.C. 401), by striking
``Secretary of Transportation'' each place it appears
and inserting ``Secretary of the department in which the
Coast Guard is operating''; and
(B) in section 18 (33 U.S.C. 502), by striking
``Secretary of Transportation'' each place it appears
and inserting ``Secretary of the department in which the
Coast Guard is operating''.
(2) Act of march 23, 1906.--The Act of March 23, 1906,
popularly known as the Bridge Act of 1906, is amended--
(A) in the first section (33 U.S.C. 491), by
striking ``Secretary of Transportation'' and inserting
``Secretary of the department in which the Coast Guard
is operating'';
(B) in section 4 (33 U.S.C. 494), by striking
``Secretary of Homeland Security'' each place it appears
and inserting ``Secretary of the department in which the
Coast Guard is operating''; and
(C) in section 5 (33 U.S.C. 495), by striking
``Secretary of Transportation'' each place it appears
and inserting ``Secretary of the department in which the
Coast Guard is operating''.
(3) Act of august 18, 1894.--Section 5 of the Act entitled
``An Act making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors, and
for other purposes'', approved August 18, 1894 (33 U.S.C. 499)
is amended by striking ``Secretary of Transportation'' each
place it appears and inserting ``Secretary of the department in
which the Coast Guard is operating''.
(4) Act of june 21, 1940.--The Act of June 21, 1940,
popularly known as the Truman-Hobbs Act, is amended--
(A) in section 1 (33 U.S.C. 511), by striking
``Secretary of Transportation'' and inserting
``Secretary of the department in which the Coast Guard
is operating'';
(B) in section 4 (33 U.S.C. 514), by striking
``Secretary of Transportation'' and inserting
``Secretary of the department in which the Coast Guard
is operating'';
(C) in section 7 (33 U.S.C. 517), by striking
``Secretary of Transportation'' each place it appears
and inserting ``Secretary of the department in which the
Coast Guard is operating''; and
(D) in section 13 (33 U.S.C. 523), by striking
``Secretary of Transportation'' and inserting
``Secretary of the department in which the Coast Guard
is operating''.
(5) General bridge act of 1946.--The General Bridge Act of
1946 is amended--
(A) in section 502(b) (33 U.S.C. 525(b)), by
striking ``Secretary of Transportation'' and inserting
``Secretary of
[[Page 56]]
the department in which the Coast Guard is operating'';
and
(B) in section 510 (33 U.S.C. 533), by striking
``Secretary of Transportation'' each place it appears
and inserting ``Secretary of the department in which the
Coast Guard is operating''.
(6) International bridge act of 1972.--The International
Bridge Act of 1972 is amended--
(A) in section 5 (33 U.S.C. 535c), by striking
``Secretary of Transportation'' and inserting
``Secretary of the department in which the Coast Guard
is operating'';
(B) in section 8 (33 U.S.C. 535e), by striking
``Secretary of Transportation'' each place it appears
and inserting ``Secretary of the department in which the
Coast Guard is operating''; and
(C) by striking section 11 (33 U.S.C. 535h).
SEC. 307. <> RECOMMENDATIONS FOR IMPROVEMENTS
OF MARINE CASUALTY REPORTING.
Not later than 180 days after the date of the enactment of this Act,
the Commandant of the Coast Guard shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate of
the actions the Commandant will take to implement recommendations on
improvements to the Coast Guard's marine casualty reporting requirements
and procedures included in--
(1) the Department of Homeland Security Office of Inspector
General report entitled ``Marine Accident Reporting,
Investigations, and Enforcement in the United States Coast
Guard'', released on May 23, 2013; and
(2) the Towing Safety Advisory Committee report entitled
``Recommendations for Improvement of Marine Casualty
Reporting'', released on March 26, 2015.
SEC. 308. <> RECREATIONAL VESSEL
ENGINE WEIGHTS.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of the department in which the Coast Guard is operating
shall issue regulations amending table 4 to subpart H of part 183 of
title 33, Code of Federal Regulations (relating to Weights (Pounds) of
Outboard Motor and Related Equipment for Various Boat Horsepower
Ratings) as appropriate to reflect ``Standard 30-Outboard Engine and
Related Equipment Weights'' published by the American Boat and Yacht
Council, as in effect on the date of the enactment of this Act.
SEC. 309. MERCHANT MARINER MEDICAL CERTIFICATION REFORM.
(a) In General.--Chapter 75 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 7509. <> Medical certification by
trusted agents
``(a) In General.--Notwithstanding any other provision of law and
pursuant to regulations prescribed by the Secretary, a trusted agent may
issue a medical certificate to an individual who--
``(1) must hold such certificate to qualify for a license,
certificate of registry, or merchant mariner's document, or
endorsement thereto under this part; and
[[Page 57]]
``(2) is qualified as to sight, hearing, and physical
condition to perform the duties of such license, certificate,
document, or endorsement, as determined by the trusted agent.
``(b) <> Process for Issuance of Certificates by
Secretary.--A final rule implementing this section shall include a
process for--
``(1) the Secretary of the department in which the Coast
Guard is operating to issue medical certificates to mariners who
submit applications for such certificates to the Secretary; and
``(2) a trusted agent to defer to the Secretary the issuance
of a medical certificate.
``(c) Trusted Agent Defined.--In this section the term `trusted
agent' means a medical practitioner certified by the Secretary to
perform physical examinations of an individual for purposes of a
license, certificate of registry, or merchant mariner's document under
this part.''.
(b) <> Deadline.--Not later
than 5 years after the date of the enactment of this Act, the Secretary
of the department in which the Coast Guard is operating shall issue a
final rule implementing section 7509 of title 46, United States Code, as
added by this section.
(c) Clerical Amendment.--The analysis for such chapter <> is amended by adding at the end the following:
``7509. Medical certification by trusted agents.''.
SEC. 310. <> ATLANTIC COAST PORT ACCESS ROUTE
STUDY.
(a) Atlantic Coast Port Access Route Study.--Not later than April 1,
2016, the Commandant of the Coast Guard shall conclude the Atlantic
Coast Port Access Route Study and submit the results of such study to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) <> Nantucket Sound.--Not later than
December 1, 2016, the Commandant of the Coast Guard shall complete and
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 port access route study of Nantucket
Sound using the standards and methodology of the Atlantic Coast Port
Access Route Study, to determine whether the Coast Guard should revise
existing regulations to improve navigation safety in Nantucket Sound due
to factors such as increased vessel traffic, changing vessel traffic
patterns, weather conditions, or navigational difficulty in the
vicinity.
SEC. 311. <> CERTIFICATES OF DOCUMENTATION FOR
RECREATIONAL VESSELS.
Not later than one year after the date of the enactment of this Act,
the Secretary of the department in which the Coast Guard is operating
shall issue regulations that--
(1) <> make certificates of
documentation for recreational vessels effective for 5 years;
and
(2) require the owner of such a vessel--
(A) <> to notify the Coast
Guard of each change in the information on which the
issuance of the certificate of documentation is based,
that occurs before the expiration of the certificate;
and
[[Page 58]]
(B) apply for a new certificate of documentation for
such a vessel if there is any such change.
SEC. 312. <> PROGRAM
GUIDELINES.
Not later than 180 days after the date of the enactment this Act,
the Secretary of Transportation shall--
(1) develop guidelines to implement the program authorized
under section 304(a) of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241), including
specific actions to ensure the future availability of able and
credentialed United States licensed and unlicensed seafarers
including--
(A) incentives to encourage partnership agreements
with operators of foreign-flag vessels that carry
liquified natural gas, that provide no less than one
training billet per vessel for United States merchant
mariners in order to meet minimum mandatory sea service
requirements;
(B) development of appropriate training curricula
for use by public and private maritime training
institutions to meet all United States merchant mariner
license, certification, and document laws and
requirements under the International Convention on
Standards of Training, Certification and Watchkeeping
for Seafarers, 1978; and
(C) steps to promote greater outreach and awareness
of additional job opportunities for sea service veterans
of the United States Armed Forces; and
(2) submit such guidelines to the Committee Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
SEC. 313. REPEALS.
(a) Repeals, Merchant Marine Act, 1936.--Sections 601 through 606,
608 through 611, 613 through 616, 802, and 809 of the Merchant Marine
Act, 1936 (46 U.S.C. 53101 note) are repealed.
(b) Conforming Amendments.--Chapter 575 of title 46, United States
Code, is amended--
(1) in section 57501, by striking ``titles V and VI'' and
inserting ``title V''; and
(2) in section 57531(a), by striking ``titles V and VI'' and
inserting ``title V''.
(c) Transfer From Merchant Marine Act, 1936.--
(1) In general.--Section 801 of the Merchant Marine Act,
1936 (46 U.S.C. 53101 note) is--
(A) redesignated as section 57522 of title 46,
United States Code, and transferred to appear after
section 57521 of such title; and
(B) as so redesignated and transferred, is amended--
(i) by striking so much as precedes the first
sentence and inserting the following:
``Sec. 57522. Books and records, balance sheets, and inspection
and auditing'';
(ii) by striking ``the provision of title VI
or VII of this Act'' and inserting ``this
chapter''; and
(iii) by striking ``: Provided, That'' and all
that follows through ``Commission''.
[[Page 59]]
(2) Clerical amendment.--The analysis for chapter 575, of
title 46, United States Code, <> is
amended by inserting after the item relating to section 57521
the following:
``57522. Books and records, balance sheets, and inspection and
auditing.''.
(d) Repeals, Title 46, U.S.C.--Section 8103 of title 46, United
States Code, is amended in subsections (c) and (d) by striking ``or
operating'' each place it appears.
SEC. 314. MARITIME DRUG LAW ENFORCEMENT.
(a) Prohibitions.--Section 70503(a) of title 46, United States Code,
is amended to read as follows:
``(a) Prohibitions.--While on board a covered vessel, an individual
may not knowingly or intentionally--
``(1) manufacture or distribute, or possess with intent to
manufacture or distribute, a controlled substance;
``(2) destroy (including jettisoning any item or scuttling,
burning, or hastily cleaning a vessel), or attempt or conspire
to destroy, property that is subject to forfeiture under section
511(a) of the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. 881(a)); or
``(3) conceal, or attempt or conspire to conceal, more than
$100,000 in currency or other monetary instruments on the person
of such individual or in any conveyance, article of luggage,
merchandise, or other container, or compartment of or aboard the
covered vessel if that vessel is outfitted for smuggling.''.
(b) Covered Vessel Defined.--Section 70503 of title 46, United
States Code, is amended by adding at the end the following:
``(e) Covered Vessel Defined.--In this section the term `covered
vessel' means--
``(1) a vessel of the United States or a vessel subject to
the jurisdiction of the United States; or
``(2) any other vessel if the individual is a citizen of the
United States or a resident alien of the United States.''.
(c) Penalties.--Section 70506 of title 46, United States Code, is
amended--
(1) in subsection (a), by striking ``A person violating
section 70503'' and inserting ``A person violating paragraph (1)
of section 70503(a)''; and
(2) by adding at the end the following:
``(d) Penalty.--A person violating paragraph (2) or (3) of section
70503(a) shall be fined in accordance with section 3571 of title 18,
imprisoned not more than 15 years, or both.''.
(d) Seizure and Forfeiture.--Section 70507(a) of title 46, United
States Code, is amended by striking ``section 70503'' and inserting
``section 70503 or 70508''.
(e) Clerical Amendments.--
(1) The heading of section 70503 of title 46, United States
Code, is amended to read as follows:
``Sec. 70503. Prohibited acts''
(2) The analysis for chapter 705 of title 46, United States
Code, <> is further amended by
striking the item relating to section 70503 and inserting the
following:
``70503. Prohibited acts.''.
[[Page 60]]
SEC. 315. EXAMINATIONS FOR MERCHANT MARINER CREDENTIALS.
(a) Disclosure.--
(1) In general.--Chapter 75 of title 46, United States Code,
is further amended by adding at the end the following:
``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 2015, and once every two years
thereafter, the Commandant of the Coast Guard 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 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 engine 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.
[[Page 61]]
``(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 2015, 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 2015, completes a formal review,
including an appropriate analysis, of the topics and
testing methodology employed by the National Maritime
Center for merchant seamen 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 license,
certificate, or document that the Secretary is authorized to issue
pursuant to this title.''.
[[Page 62]]
(2) Clerical amendment.--The analysis for such <> chapter is further amended by adding at the end
the following:
``7510. Examinations for merchant mariner credentials.''.
(b) Examinations for Merchant Mariner Credentials.--
(1) In general.--Chapter 71 of title 46, United States Code,
is amended by adding at the end the following:
``Sec. 7116. <> Examinations for merchant
mariner credentials
``(a) Requirement for Sample Exams.--The Secretary shall develop a
sample merchant mariner credential examination and outline of merchant
mariner examination topics on an annual basis.
``(b) Public Availability.--Each sample examination and outline of
topics developed under subsection (a) shall be readily available to the
public.
``(c) Merchant Mariner Credential Defined.--In this section, the
term `merchant mariner credential' has the meaning that term has in
section 7510.''.
(2) Clerical amendment.--The analysis for such <> chapter is amended by adding at the end the
following:
``7116. Examinations for merchant mariner credentials.''.
(c) <> Disclosure to Congress.--Nothing in
this section may be construed to authorize the withholding of
information from an appropriate inspector general, the Committee on
Commerce, Science, and Transportation of the Senate, or the Committee on
Transportation and Infrastructure of the House of Representatives.
SEC. 316. HIGHER VOLUME PORT AREA REGULATORY DEFINITION CHANGE.
(a) In General.--Subsection (a) of section 710 of the Coast Guard
Authorization Act of 2010 (Public Law 111-281; 124 Stat. 2986) is
amended to read as follows:
``(a) <> Higher Volume Ports.--
Notwithstanding any other provision of law, the requirements of subparts
D, F, and G of part 155 of title 33, Code of Federal Regulations, that
apply to the higher volume port area for the Strait of Juan de Fuca at
Port Angeles, Washington (including any water area within 50 nautical
miles seaward), to and including Puget Sound, shall apply, in the same
manner, and to the same extent, to the Strait of Juan de Fuca at Cape
Flattery, Washington (including any water area within 50 nautical miles
seaward), to and including Puget Sound.''.
(b) Conforming Amendment.--Subsection (b) of such section is amended
by striking ``the modification of the higher volume port area definition
required by subsection (a).'' and inserting ``higher volume port
requirements made applicable under subsection (a).''.
SEC. 317. RECOGNITION OF PORT SECURITY ASSESSMENTS CONDUCTED BY
OTHER ENTITIES.
Section 70108 of title 46, United States Code, is amended by adding
at the end the following:
``(f) Recognition of Assessment Conducted by Other Entities.--
``(1) Certification and treatment of assessments.--For the
purposes of this section and section 70109, the Secretary may
treat an assessment that a foreign government (including, for
the purposes of this subsection, an entity of or operating
[[Page 63]]
under the auspices of the European Union) or international
organization has conducted as an assessment that the Secretary
has conducted for the purposes of subsection (a), provided that
the Secretary certifies that the foreign government or
international organization has--
``(A) conducted the assessment in accordance with
subsection (b); and
``(B) provided the Secretary with sufficient
information pertaining to its assessment (including, but
not limited to, information on the outcome of the
assessment).
``(2) <> Authorization to enter into an
agreement.--For the purposes of this section and section 70109,
the Secretary, in consultation with the Secretary of State, may
enter into an agreement with a foreign government (including,
for the purposes of this subsection, an entity of or operating
under the auspices of the European Union) or international
organization, under which parties to the agreement--
``(A) conduct an assessment, required under
subsection (a);
``(B) share information pertaining to such
assessment (including, but not limited to, information
on the outcome of the assessment); or
``(C) both.
``(3) Limitations.--Nothing in this subsection shall be
construed to--
``(A) require the Secretary to recognize an
assessment that a foreign government or an international
organization has conducted; or
``(B) limit the discretion or ability of the
Secretary to conduct an assessment under this section.
``(4) <> Notification to congress.--Not
later than 30 days before entering into an agreement or
arrangement with a foreign government under paragraph (2), the
Secretary shall notify the Committee on Homeland Security and
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of the proposed terms of such
agreement or arrangement.''.
SEC. 318. FISHING VESSEL AND FISH TENDER VESSEL CERTIFICATION.
(a) Alternative Safety Compliance Programs.--Section 4503 of title
46, United States Code, is amended--
(1) in subsection (a), by striking ``this section'' and
inserting ``this subsection'';
(2) in subsection (b), by striking ``This section'' and
inserting ``Except as provided in subsection (d), subsection
(a)'';
(3) in subsection (c)--
(A) by striking ``This section'' and inserting ``(1)
Except as provided in paragraph (2), subsection (a)'';
and
(B) by adding at the end the following:
``(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 79 feet overall in length as listed on the vessel's
certificate of documentation or certificate of number; and
[[Page 64]]
``(B)(i) is built after the date of the enactment of the
Coast Guard Authorization Act of 2015; and
``(ii) complies with--
``(I) the requirements described in subsection (e);
or
``(II) the alternative requirements established by
the Secretary under subsection (f).''; and
(4) by redesignating subsection (e) as subsection (g), and
inserting after subsection (d) the following:
``(e) 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.
``(f)(1) <> Not later than 10
years after the date of the enactment of the Coast Guard Authorization
Act of 2015, 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 (e) 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 (e).
``(2) <> If the report required under this
subsection includes a determination that the safety requirements under
subsection (e) are not adequate or that additional safety measures are
necessary,
[[Page 65]]
that 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 (e).
``(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.''.
(b) GAO Report on Commercial Fishing Vessel Safety.--
(1) In general.--Not later than 12 months 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 commercial fishing vessel safety. The report shall include--
(A) national and regional trends that can be
identified with respect to rates of marine casualties,
human injuries, and deaths aboard or involving fishing
vessels greater than 79 feet in length that operate
beyond the 3-nautical-mile demarcation line;
(B) a comparison of United States regulations for
classification of fishing vessels to those established
by other countries, including the vessel length at which
such regulations apply;
(C) the additional costs imposed on vessel owners as
a result of the requirement in section 4503(a) of title
46, United States Code, and how the those costs vary in
relation to vessel size and from region to region;
(D) savings that result from the application of the
requirement in section 4503(a) of title 46, United
States Code, including reductions in insurance rates or
reduction in the number of fishing vessels or fish
tender vessels lost to major safety casualties,
nationally and regionally;
(E) a national and regional comparison of the
additional costs and safety benefits associated with
fishing vessels or fish tender vessels that are built
and maintained to class through a classification society
to the additional costs and safety benefits associated
with fishing vessels or fish tender vessels that are
built to standards equivalent to classification society
construction standards and maintained to standards
equivalent to classification society standards with
verification by independent surveyors; and
(F) the impact on the cost of production and
availability of qualified shipyards, nationally and
regionally, resulting
[[Page 66]]
from the application of the requirement in section
4503(a) of title 46, United States Code.
(2) Consultation requirement.--In preparing the report under
paragraph (1), the Comptroller General shall--
(A) consult with owners and operators of fishing
vessels or fish tender vessels, classification
societies, shipyards, the National Institute for
Occupational Safety and Health, the National
Transportation Safety Board, the Coast Guard, academics,
naval architects, and marine safety nongovernmental
organizations; and
(B) obtain relevant data from the Coast Guard
including data collected from enforcement actions,
boardings, investigations of marine casualties, and
serious marine incidents.
(3) Treatment of data.--In preparing the report under
paragraph (1), the Comptroller General shall--
(A) disaggregate data regionally for each of the
regions managed by the regional fishery management
councils established under section 302 of the Magnuson-
Stevens Fisheries Conservation and Management Act (16
U.S.C. 1852), the Atlantic States Marine Fisheries
Commission, the Pacific States Marine Fisheries
Commission, and the Gulf States Marine Fisheries
Commission; and
(B) include qualitative data on the types of fishing
vessels or fish tender vessels included in the report.
SEC. 319. INTERAGENCY COORDINATING COMMITTEE ON OIL POLLUTION
RESEARCH.
(a) In General.--Section 7001(a)(3) of the Oil Pollution Act of 1990
(33 U.S.C. 2761(a)(3)) is amended--
(1) by striking ``Minerals Management Service'' and
inserting ``Bureau of Safety and Environmental Enforcement, the
Bureau of Ocean Energy Management,''; and
(2) by inserting ``the United States Arctic Research
Commission,'' after ``National Aeronautics and Space
Administration,''.
(b) Technical Amendments.--Section 7001 of the Oil Pollution Act of
1990 (33 U.S.C. 2761) is amended--
(1) in subsection (b)(2), in the matter preceding
subparagraph (A), by striking ``Department of Transportation''
and inserting ``department in which the Coast Guard is
operating''; and
(2) in subsection (c)(8)(A), by striking ``(1989)'' and
inserting ``(2010)''.
SEC. 320. INTERNATIONAL PORT AND FACILITY INSPECTION COORDINATION.
Section 825(a) of the Coast Guard Authorization Act of 2010 (6
U.S.C. 945 note; Public Law 111-281) is amended in the matter preceding
paragraph (1)--
(1) by striking ``the department in which the Coast Guard is
operating'' and inserting ``Homeland Security''; and
(2) by striking ``they are integrated and conducted by the
Coast Guard'' and inserting ``the assessments are coordinated
between the Coast Guard and Customs and Border Protection''.
[[Page 67]]
TITLE IV--FEDERAL MARITIME COMMISSION
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Chapter 3 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 308. <> Authorization of appropriations
``There is authorized to be appropriated to the Federal Maritime
Commission $24,700,000 for each of fiscal years 2016 and 2017 for the
activities of the Commission authorized under this chapter and subtitle
IV.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 46,
United States Code, <> is amended by adding at
the end the following:
``308. Authorization of appropriations.''.
SEC. 402. DUTIES OF THE CHAIRMAN.
Section 301(c)(3)(A) of title 46, United States Code, is amended--
(1) in clause (ii) by striking ``units, but only after
consultation with the other Commissioners;'' and inserting
``units (with such appointments subject to the approval of the
Commission);'';
(2) in clause (iv) by striking ``and'' at the end;
(3) in clause (v) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(vi) prepare and submit to the President and
the Congress requests for appropriations for the
Commission (with such requests subject to the
approval of the Commission).''.
SEC. 403. PROHIBITION ON AWARDS.
Section 307 of title 46, United States Code, is amended--
(1) by striking ``The Federal Maritime Commission'' and
inserting the following:
``(a) In General.--The Federal Maritime Commission''; and
(2) by adding at the end the following:
``(b) Prohibition.--Notwithstanding subsection (a), the Federal
Maritime Commission may not expend any funds appropriated or otherwise
made available to it to a non-Federal entity to issue an award, prize,
commendation, or other honor that is not related to the purposes set
forth in section 40101.''.
TITLE V--CONVEYANCES
Subtitle A--Miscellaneous Conveyances
SEC. 501. CONVEYANCE OF COAST GUARD PROPERTY IN POINT REYES
STATION, CALIFORNIA.
(a) Conveyance.--
(1) In general.--The Commandant of the Coast Guard shall
convey to the County of Marin, California all right, title,
[[Page 68]]
and interest of the United States in and to the covered
property--
(A) for fair market value, as provided in paragraph
(2);
(B) subject to the conditions required by this
section; and
(C) subject to any other term or condition that the
Commandant considers appropriate and reasonable to
protect the interests of the United States.
(2) Fair market value.--The fair market value of the covered
property shall be--
(A) determined by a real estate appraiser who has
been selected by the County and is licensed to practice
in California; and
(B) approved by the Commandant.
(3) Proceeds.--The Commandant shall deposit the proceeds
from a conveyance under paragraph (1) in the Coast Guard Housing
Fund established by section 687 of title 14, United States Code.
(b) Condition of Conveyance.--As a condition of any conveyance of
the covered property under this section, the Commandant shall require
that all right, title, and interest in and to the covered property shall
revert to the United States if the covered property or any part thereof
ceases to be used for affordable housing, as defined by the County and
the Commandant at the time of conveyance, or to provide a public benefit
approved by the County.
(c) Survey.--The exact acreage and legal description of the covered
property shall be determined by a survey satisfactory to the Commandant.
(d) Rules of Construction.--Nothing in this section may be construed
to affect or limit the application of or obligation to comply with any
environmental law, including section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)).
(e) Covered Property Defined.--In this section, the term ``covered
property'' means the approximately 32 acres of real property (including
all improvements located on the property) that are--
(1) located in Point Reyes Station in the County of Marin,
California;
(2) under the administrative control of the Coast Guard; and
(3) described as ``Parcel A, Tract 1'', ``Parcel B, Tract
2'', ``Parcel C'', and ``Parcel D'' in the Declaration of Taking
(Civil No. C 71-1245 SC) filed June 28, 1971, in the United
States District Court for the Northern District of California.
(f) Expiration.--The authority to convey the covered property under
this section shall expire on the date that is four years after the date
of the enactment of this Act.
SEC. 502. CONVEYANCE OF COAST GUARD PROPERTY IN TOK, ALASKA.
(a) Conveyance Authorized.--The Commandant of the Coast Guard may
convey to the Tanana Chiefs' Conference all right, title, and interest
of the United States in and to the covered property, upon payment to the
United States of the fair market value of the covered property.
[[Page 69]]
(b) Survey.--The exact acreage and legal description of the covered
property shall be determined by a survey satisfactory to the Commandant.
(c) Fair Market Value.--The fair market value of the covered
property shall be--
(1) determined by appraisal; and
(2) subject to the approval of the Commandant.
(d) <> Costs of Conveyance.--The
responsibility for all reasonable and necessary costs, including real
estate transaction and environmental documentation costs, associated
with a conveyance under this section shall be determined by the
Commandant and the purchaser.
(e) Additional Terms and Conditions.--The Commandant may require
such additional terms and conditions in connection with a conveyance
under this section as the Commandant considers appropriate and
reasonable to protect the interests of the United States.
(f) Deposit of Proceeds.--Any proceeds received by the United States
from a conveyance under this section shall be deposited in the Coast
Guard Housing Fund established under section 687 of title 14, United
States Code.
(g) Covered Property Defined.--
(1) In general.--In this section, the term ``covered
property'' means the approximately 3.25 acres of real property
(including all improvements located on the property) that are--
(A) located in Tok, Alaska;
(B) under the administrative control of the Coast
Guard; and
(C) described in paragraph (2).
(2) Description.--The property described in this paragraph
is the following:
(A) Lots 11, 12 and 13, block ``G'', Second Addition
to Hartsell Subdivision, Section 20, Township 18 North,
Range 13 East, Copper River Meridian, Alaska as appears
by Plat No. 72-39 filed in the Office of the Recorder
for the Fairbanks Recording District of Alaska, bearing
seal dated 25 September 1972, all containing
approximately 1.25 acres and commonly known as 2-PLEX -
Jackie Circle, Units A and B.
(B) Beginning at a point being the SE corner of the
SE \1/4\ of the SE \1/4\ Section 24, Township 18 North,
Range 12 East, Copper River Meridian, Alaska; thence
running westerly along the south line of said SE \1/4\
of the NE \1/4\ 260 feet; thence northerly parallel to
the east line of said SE \1/4\ of the NE \1/4\ 335 feet;
thence easterly parallel to the south line 260 feet;
then south 335 feet along the east boundary of Section
24 to the point of beginning; all containing
approximately 2.0 acres and commonly known as 4-PLEX -
West ``C'' and Willow, Units A, B, C and D.
(h) <> Expiration.--The authority to convey the
covered property under this section shall expire on the date that is 4
years after the date of the enactment of this Act.
[[Page 70]]
Subtitle B-- <> Pribilof Islands
SEC. 521. <> SHORT TITLE.
This subtitle may be cited as the ``Pribilof Island Transition
Completion Act of 2015''.
SEC. 522. TRANSFER AND DISPOSITION OF PROPERTY.
(a) Transfer.--To further accomplish the settlement of land claims
under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
the Secretary of Commerce shall, subject to paragraph (2), and
notwithstanding section 105(a) of the Pribilof Islands Transition Act
(16 U.S.C. 1161 note; Public Law 106-562), convey all right, title, and
interest in the following property to the Alaska native village
corporation for St. Paul Island:
(1) Lots 4, 5, and 6A, Block 18, Tract A, U.S. Survey 4943,
Alaska, the plat of which was Officially Filed on January 20,
2004, aggregating 13,006 square feet (0.30 acres).
(2) On the termination of the license described in
subsection (b)(3), T. 35 S., R. 131 W., Seward Meridian, Alaska,
Tract 43, the plat of which was Officially Filed on May 14,
1986, containing 84.88 acres.
(b) Federal Use.--
(1) In general.--The Secretary of the department in which
the Coast Guard is operating may operate, maintain, keep,
locate, inspect, repair, and replace any Federal aid to
navigation located on the property described in subsection (a)
as long as the aid is needed for navigational purposes.
(2) Administration.--In carrying out subsection (a), the
Secretary may enter the property, at any time for as long as the
aid is needed for navigational purposes, without notice to the
extent that it is not practicable to provide advance notice.
(3) License.--The Secretary of the Department in which the
Coast Guard is operating may maintain a license in effect on the
date of the enactment of this Act with respect to the real
property and improvements under subsection (a) until the
termination of the license.
(4) Reports.--Not later than 2 years after the date of the
enactment of this Act and not less than once every 2 years
thereafter, the Secretary of the department in which the Coast
Guard is operating shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
on--
(A) efforts taken to remediate contaminated soils on
tract 43 described in subsection (a)(2);
(B) a schedule for the completion of contaminated
soil remediation on tract 43; and
(C) any use of tract 43 to carry out Coast Guard
navigation activities.
(c) Agreement on Transfer of Other Property on St. Paul Island.--
(1) <> In general.--In addition to the
property transferred under subsection (a), not later than 60
days after the date of the enactment of this Act, the Secretary
of Commerce and the presiding officer of the Alaska native
village corporation
[[Page 71]]
for St. Paul Island shall enter into an agreement to exchange of
property on Tracts 50 and 38 on St. Paul Island and to finalize
the recording of deeds, to reflect the boundaries and ownership
of Tracts 50 and 38 as depicted on a survey of the National
Oceanic and Atmospheric Administration, to be filed with the
Office of the Recorder for the Department of Natural Resources
for the State of Alaska.
(2) Easements.--The survey described in subsection (a) shall
include respective easements granted to the Secretary and the
Alaska native village corporation for the purpose of utilities,
drainage, road access, and salt lagoon conservation.
SEC. 523. NOTICE OF CERTIFICATION.
Section 105 of the Pribilof Islands Transition Act (16 U.S.C. 1161
note; Public Law 106-562) is amended--
(1) <> in subsection (a)(1), by
striking ``The Secretary'' and inserting ``Notwithstanding
paragraph (2) and effective beginning on the date the Secretary
publishes the notice of certification required by subsection
(b)(5), the Secretary'';
(2) in subsection (b)--
(A) in paragraph (1)(A), by striking ``section 205
of the Fur Seal Act of 1966 (16 U.S.C. 1165)'' and
inserting ``section 205(a) of the Fur Seal Act of 1966
(16 U.S.C. 1165(a))''; and
(B) by adding at the end the following:
``(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.''; and
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``makes the certification described in
subsection (b)(2)'' and inserting ``publishes the notice
of certification required by subsection (b)(5)''; and
(B) in paragraph (1), by striking ``Section 205''
and inserting ``Subsections (a), (b), (c), and (d) of
section 205'';
(4) by redesignating subsection (e) as subsection (g); and
(5) by inserting after subsection (d) the following:
``(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 Completion Act of 2015 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.
[[Page 72]]
``(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 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), 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.''.
SEC. 524. REDUNDANT CAPABILITY.
(a) Rule of Construction.--Except as provided in subsection (b),
section 681 of title 14, United States Code, as amended by this Act,
shall not be construed to prohibit any transfer or conveyance of lands
under this subtitle or any actions that involve the dismantling or
disposal of infrastructure that supported the former LORAN system that
are associated with the transfer or conveyance of lands under section
522.
(b) <> Redundant Capability.--If, within the 5-year
period beginning on the date of the enactment of this Act, the Secretary
of the department in which the Coast Guard is operating determines that
a facility on Tract 43, if transferred under this subtitle, is
subsequently required to provide a positioning, navigation, and timing
system to provide redundant capability in the event GPS signals are
disrupted, the Secretary may--
(1) operate, maintain, keep, locate, inspect, repair, and
replace such facility; and
[[Page 73]]
(2) in carrying out the activities described in paragraph
(1), enter, at any time, the facility without notice to the
extent that it is not possible to provide advance notice, for as
long as such facility is needed to provide such capability.
Subtitle C--Conveyance of Coast Guard Property at Point Spencer, Alaska
SEC. 531. FINDINGS.
The Congress finds as follows:
(1) Major shipping traffic is increasing through the Bering
Strait, the Bering and Chukchi Seas, and the Arctic Ocean, and
will continue to increase whether or not development of the
Outer Continental Shelf of the United States is undertaken in
the future, and will increase further if such Outer Continental
Shelf development is undertaken.
(2) There is a compelling national, State, Alaska Native,
and private sector need for permanent infrastructure development
and for a presence in the Arctic region of Alaska by appropriate
agencies of the Federal Government, particularly in proximity to
the Bering Strait, to support and facilitate search and rescue,
shipping safety, economic development, oil spill prevention and
response, protection of Alaska Native archaeological and
cultural resources, port of refuge, arctic research, and
maritime law enforcement on the Bering Sea, the Chukchi Sea, and
the Arctic Ocean.
(3) The United States owns a parcel of land, known as Point
Spencer, located between the Bering Strait and Port Clarence and
adjacent to some of the best potential deepwater port sites on
the coast of Alaska in the Arctic.
(4) Prudent and effective use of Point Spencer may be best
achieved through marshaling the energy, resources, and
leadership of the public and private sectors.
(5) It is in the national interest to develop infrastructure
at Point Spencer that would aid the Coast Guard in performing
its statutory duties and functions in the Arctic on a more
permanent basis and to allow for public and private sector
development of facilities and other infrastructure to support
purposes that are of benefit to the United States.
SEC. 532. DEFINITIONS.
In this subtitle:
(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) BSNC.--The term ``BSNC'' means the Bering Straits Native
Corporation authorized under section 7 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1606).
(3) Council.--The term ``Council'' means the Port
Coordination Council established under section 541.
(4) Plan.--The term ``Plan'' means the Port Management
Coordination Plan developed under section 541.
(5) Point spencer.--The term ``Point Spencer'' means the
land known as ``Point Spencer'' located in Townships 2, 3, and 4
South, Range 40 West, Kateel River Meridian, Alaska, between the
Bering Strait and Port Clarence and withdrawn
[[Page 74]]
by Public Land Order 2650 (published in the Federal Register on
April 12, 1962).
(6) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of the department in
which the Coast Guard is operating.
(7) State.--The term ``State'' means the State of Alaska.
(8) Tract.--The term ``Tract'' or ``Tracts'' means any of
Tract 1, Tract 2, Tract 3, Tract 4, Tract 5, or Tract 6, as
appropriate, or any portion of such Tract or Tracts.
(9) Tracts 1, 2, 3, 4, 5, and 6.--The terms ``Tract 1'',
``Tract 2'', ``Tract 3'', ``Tract 4'', ``Tract 5'', and ``Tract
6'' each mean the land generally depicted as Tract 1, Tract 2,
Tract 3, Tract 4, Tract 5, or Tract 6, respectively, on the map
entitled the ``Point Spencer Land Retention and Conveyance
Map'', dated January 2015, and on file with the Department of
Homeland Security and the Department of the Interior.
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 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.
[[Page 75]]
(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.
SEC. 534. <> ENVIRONMENTAL COMPLIANCE,
LIABILITY, AND MONITORING.
(a) Environmental Compliance.--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
[[Page 76]]
environmental law, including section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)).
(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.
SEC. 535. EASEMENTS AND ACCESS.
(a) Use by Coast Guard.--The Secretary of the Interior shall make
each conveyance of any relevant Tract under this subtitle subject to an
easement granting the Coast Guard, at no cost to the Coast Guard--
(1) use of all existing and future landing pads, airstrips,
runways, and taxiways that are located on such Tract; and
(2) the right to access such landing pads, airstrips,
runways, and taxiways.
(b) Use by State.--For any Tract conveyed to BSNC under this
subtitle, BSNC shall provide to the State, if requested and pursuant to
negotiated terms with the State, an easement granting to the State, at
no cost to the State--
(1) use of all existing and future landing pads, airstrips,
runways, and taxiways located on such Tract; and
(2) a right to access such landing pads, airstrips, runways,
and taxiways.
(c) <> Right of Access or Right
of Way.--If the State requests a right of access or right of way for a
road from the airstrip to the southern tip of Point Spencer, the
location of such right of access or right of way shall be determined by
the State, in consultation with the Secretary and BSNC, so that such
right of access or right of way is compatible with other existing or
planned infrastructure development at Point Spencer.
(d) Access Easement Across Tracts 2, 5, and 6.--In conveyance
documents to the State and BSNC under this subtitle, the Coast Guard
shall retain an access easement across Tracts 2, 5, and 6 reasonably
necessary to afford the Coast Guard with access to Tracts 1, 3, and 4
for its operations.
[[Page 77]]
(e) <> Access.--Not later than 30 days after the
date of the enactment of this Act, the Coast Guard shall provide to the
State and BSNC, access to Tracts for planning, design, and engineering
related to remediation and use of and construction on those Tracts.
(f) Public Access Easements.--No public access easements may be
reserved to the United States under section 17(b) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1616(b)) with respect to the land
conveyed under this subtitle.
SEC. 536. RELATIONSHIP TO PUBLIC LAND ORDER 2650.
(a) Tracts Not Conveyed.--Any Tract that is not conveyed under this
subtitle shall remain withdrawn pursuant to Public Land Order 2650
(published in the Federal Register on April 12, 1962).
(b) <> Tracts Conveyed.--For any Tract conveyed
under this subtitle, Public Land Order 2650 shall automatically
terminate upon issuance of a conveyance document issued pursuant to this
subtitle for such Tract.
SEC. 537. ARCHEOLOGICAL AND CULTURAL RESOURCES.
Conveyance of any Tract under this subtitle shall not affect
investigations, criminal jurisdiction, and responsibilities regarding
theft or vandalism of archeological or cultural resources located in or
on such Tract that took place prior to conveyance under this subtitle.
SEC. 538. MAPS AND LEGAL DESCRIPTIONS.
(a) <> Preparation of Maps and Legal
Descriptions.--As soon as practicable after the date of the enactment of
this Act, the Secretary of the Interior in consultation with the
Secretary shall prepare maps and legal descriptions of Tract 1, Tract 2,
Tract 3, Tract 4, Tract 5, and Tract 6. In doing so, the Secretary of
the Interior may use metes and bounds legal descriptions based upon the
official survey plats of Point Spencer accepted by the Bureau of Land
Management on December 6, 1978, and on information provided by the
Secretary.
(b) <> Survey.--Not later than 5 years after the
date of the enactment of this Act, the Secretary of the Interior shall
survey Tracts conveyed under this subtitle and patent the Tracts in
accordance with the official plats of survey.
(c) Legal Effect.--The maps and legal descriptions prepared under
subsection (a) and the surveys prepared under subsection (b) shall have
the same force and effect as if the maps and legal descriptions were
included in this Act.
(d) Corrections.--The Secretary of the Interior may correct any
clerical and typographical errors in the maps and legal descriptions
prepared under subsection (a) and the surveys prepared under subsection
(b).
(e) Availability.--Copies of the maps and legal descriptions
prepared under subsection (a) and the surveys prepared under subsection
(b) shall be available for public inspection in the appropriate offices
of--
(1) the Bureau of Land Management; and
(2) the Coast Guard.
SEC. 539. CHARGEABILITY FOR LAND CONVEYED.
(a) Conveyances to Alaska.--The Secretary of the Interior shall
charge any conveyance of land conveyed to the State of Alaska
[[Page 78]]
pursuant to this subtitle against the State's remaining entitlement
under section 6(b) of the Act of July 7, 1958 (commonly known as the
``Alaska Statehood Act''; Public Law 85-508: 72 Stat. 339).
(b) Conveyances to BSNC.--The Secretary of the Interior shall charge
any conveyance of land conveyed to BSNC pursuant to this subtitle,
against BSNC's remaining entitlement under section 14(h)(8) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)).
SEC. 540. REDUNDANT CAPABILITY.
(a) In General.--Except as provided in subsection (b), section 681
of title 14, United States Code, as amended by this Act, shall not be
construed to prohibit any transfer or conveyance of lands under this
subtitle or any actions that involve the dismantling or disposal of
infrastructure that supported the former LORAN system that are
associated with the transfer or conveyance of lands under this subtitle.
(b) <> Continued Access to and Use of Facilities.--If the Secretary of
the department in which the Coast Guard is operating determines, within
the 5-year period beginning on the date of the enactment of this Act,
that a facility on any of Tract 1, Tract 3, or Tract 4 that is
transferred under this subtitle is subsequently required to provide a
positioning, navigation, and timing system to provide redundant
capability in the event GPS signals are disrupted, the Secretary may,
for as long as such facility is needed to provide redundant capability--
(1) operate, maintain, keep, locate, inspect, repair, and
replace such facility; and
(2) in carrying out the activities described in paragraph
(1), enter, at any time, the facility without notice to the
extent that it is not possible to provide advance notice.
SEC. 541. PORT COORDINATION COUNCIL FOR POINT SPENCER.
(a) Establishment.--There is established a Port Coordination Council
for the Port of Point Spencer.
(b) Membership.--The Council shall consist of a representative
appointed by each of the following:
(1) The State.
(2) BSNC.
(c) Duties.--The duties of the Council are as follows:
(1) To develop a Port Management Coordination Plan to help
coordinate infrastructure development and operations at the Port
of Point Spencer, that includes plans for--
(A) construction;
(B) funding eligibility;
(C) land use planning and development; and
(D) public interest use and access, emergency
preparedness, law enforcement, protection of Alaska
Native archaeological and cultural resources, and other
matters that are necessary for public and private
entities to function in proximity together in a remote
location.
(2) <> Update the Plan annually for the
first 5 years after the date of the enactment of this Act and
biennially thereafter.
(3) Facilitate coordination among BSNC, the State, and the
Coast Guard, on the development and use of the land and
coastline as such development relates to activities at the Port
of Point Spencer.
[[Page 79]]
(4) Assess the need, benefits, efficacy, and desirability of
establishing in the future a port authority at Point Spencer
under State law and act upon that assessment, as appropriate,
including taking steps for the potential formation of such a
port authority.
(d) Plan.--In addition to the requirements under subsection (c)(1)
to the greatest extent practicable, the Plan developed by the Council
shall facilitate and support the statutory missions and duties of the
Coast Guard and operations of the Coast Guard in the Arctic.
(e) Costs.--Operations and management costs for airstrips, runways,
and taxiways at Point Spencer shall be determined pursuant to provisions
of the Plan, as negotiated by the Council.
TITLE VI--MISCELLANEOUS
SEC. 601. MODIFICATION OF REPORTS.
(a) Distant Water Tuna Fleet.--Section 421(d) of the Coast Guard and
Maritime Transportation Act of 2006 (46 U.S.C. 8103 note) is amended by
striking ``On March 1, 2007, and annually thereafter'' and inserting
``Not later than July 1 of each year''.
(b) Annual Updates on Limits to Liability.--Section 603(c)(3) of the
Coast Guard and Maritime Transportation Act of 2006 (33 U.S.C. 2704
note) is amended by striking ``on an annual basis.'' and inserting ``not
later than January 30 of the year following each year in which occurs an
oil discharge from a vessel or nonvessel source that results or is
likely to result in removal costs and damages (as those terms are
defined in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C.
2701)) that exceed liability limits established under section 1004 of
the Oil Pollution Act of 1990 (33 U.S.C. 2704).''.
(c) Report.--Not later than 60 days after the date of the enactment
of this Act, the Commandant of the Coast Guard shall submit to the
Secretary of the department in which the Coast Guard is operating a
report detailing the specifications and capabilities for interoperable
communications the Commandant determines are necessary to allow the
Coast Guard to successfully carry out its missions that require
communications with other Federal agencies, State and local governments,
and nongovernmental entities.
SEC. 602. SAFE VESSEL OPERATION IN THE GREAT LAKES.
The Howard Coble Coast Guard and Maritime Transportation Act of 2014
(Public Law 113-281) is amended--
(1) in section 610, <> by--
(A) striking the section enumerator and heading and
inserting the following:
``SEC. 610. SAFE VESSEL OPERATION IN THE GREAT LAKES.'';
(B) striking ``existing boundaries and any future
expanded boundaries of the Thunder Bay National Marine
Sanctuary and Underwater Preserve'' and inserting
``boundaries of any national marine sanctuary that
preserves shipwrecks or maritime heritage in the Great
Lakes''; and
(C) inserting before the period at the end the
following: ``, unless the designation documents for such
sanctuary do not allow taking up or discharging ballast
water in such sanctuary''; and
[[Page 80]]
(2) in the table of contents in section 2, by striking the
item relating to such section and inserting the following:
``Sec. 610. Safe vessel operation in the Great Lakes.''.
SEC. 603. USE OF VESSEL SALE PROCEEDS.
(a) Audit.--The Comptroller General of the United States shall
conduct an audit of funds credited in each fiscal year after fiscal year
2004 to the Vessel Operations Revolving Fund that are attributable to
the sale of obsolete vessels in the National Defense Reserve Fleet that
were scrapped or sold under sections 57102, 57103, and 57104 of title
46, United States Code, including--
(1) a complete accounting of all vessel sale proceeds
attributable to the sale of obsolete vessels in the National
Defense Reserve Fleet that were scrapped or sold under sections
57102, 57103, and 57104 of title 46, United States Code, in each
fiscal year after fiscal year 2004;
(2) the annual apportionment of proceeds accounted for under
paragraph (1) among the uses authorized under section 308704 of
title 54, United States Code, in each fiscal year after fiscal
year 2004, including--
(A) for National Maritime Heritage Grants, including
a list of all annual National Maritime Heritage Grant
grant and subgrant awards that identifies the respective
grant and subgrant recipients and grant and subgrant
amounts;
(B) for the preservation and presentation to the
public of maritime heritage property of the Maritime
Administration;
(C) to the United States Merchant Marine Academy and
State maritime academies, including a list of annual
awards; and
(D) for the acquisition, repair, reconditioning, or
improvement of vessels in the National Defense Reserve
Fleet; and
(3) an accounting of proceeds, if any, attributable to the
sale of obsolete vessels in the National Defense Reserve Fleet
that were scrapped or sold under sections 57102, 57103, and
57104 of title 46, United States Code, in each fiscal year after
fiscal year 2004, that were expended for uses not authorized
under section 308704 of title 54, United States Code.
(b) <> Submission to Congress.--Not later than 180
days after the date of the enactment this Act, the Comptroller General
shall submit the audit conducted in subsection (a) to the Committee on
Armed Services, the Committee on Natural Resources, and the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
SEC. 604. NATIONAL ACADEMY OF SCIENCES COST ASSESSMENT.
(a) <> Cost Assessment.--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 under
which the Academy, by no later than 365 days after the date of the
enactment of this Act, shall submit to the Committee on Transportation
and Infrastructure and the Committee on Science, Space, and Technology
of the House of Representatives and the Committee
[[Page 81]]
on Commerce, Science, and Transportation of the Senate an assessment of
the costs incurred by the Federal Government to carry out polar
icebreaking missions. The assessment shall--
(1) describe current and emerging requirements for the Coast
Guard's polar icebreaking capabilities, taking into account the
rapidly changing ice cover in the Arctic environment, national
security considerations, and expanding commercial activities in
the Arctic and Antarctic, including marine transportation,
energy development, fishing, and tourism;
(2) identify potential design, procurement, leasing, service
contracts, crewing, and technology options that could minimize
life-cycle costs and optimize efficiency and reliability of
Coast Guard polar icebreaker operations in the Arctic and
Antarctic; and
(3) examine--
(A) Coast Guard estimates of the procurement and
operating costs of a Polar icebreaker capable of
carrying out Coast Guard maritime safety, national
security, and stewardship responsibilities including--
(i) economies of scale that might be achieved
for construction of multiple vessels; and
(ii) costs of renovating existing polar class
icebreakers to operate for a period of no less
than 10 years.
(B) the incremental cost to augment the design of
such an icebreaker for multiuse capabilities for
scientific missions;
(C) the potential to offset such incremental cost
through cost-sharing agreements with other Federal
departments and agencies; and
(D) United States polar icebreaking capability in
comparison with that of other Arctic nations, and with
nations that conduct research in the Arctic.
(b) Included Costs.--For purposes of subsection (a), the assessment
shall include costs incurred by the Federal Government for--
(1) the lease or operation and maintenance of the vessel or
vessels concerned;
(2) disposal of such vessels at the end of the useful life
of the vessels;
(3) retirement and other benefits for Federal employees who
operate such vessels; and
(4) interest payments assumed to be incurred for Federal
capital expenditures.
(c) Assumptions.--For purposes of comparing the costs of such
alternatives, the Academy shall assume that--
(1) each vessel under consideration is--
(A) capable of breaking out McMurdo Station and
conducting Coast Guard missions in the Antarctic, and in
the United States territory in the Arctic (as that term
is defined in section 112 of the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4111)); and
(B) operated for a period of 30 years;
(2) the acquisition of services and the operation of each
vessel begins on the same date; and
(3) the periods for conducting Coast Guard missions in the
Arctic are of equal lengths.
[[Page 82]]
(d) Use of Information.--In formulating cost pursuant to subsection
(a), the National Academy of Sciences may utilize information from other
Coast Guard reports, assessments, or analyses regarding existing Coast
Guard Polar class icebreakers or for the acquisition of a polar
icebreaker for the Federal Government.
SEC. 605. COASTWISE ENDORSEMENTS.
(a) ``Elettra III''.--
(1) In general.--Notwithstanding sections 12112 and 12132,
of title 46, United States Code, and subject to paragraphs (2)
and (3), 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 M/V Elettra III (United
States official number 694607).
(2) Limitation on operation.--Coastwise trade authorized
under a certificate of documentation issued under paragraph (1)
shall be limited to the carriage of passengers and equipment in
association with the operation of the vessel in the Puget Sound
region to support marine and maritime science education.
(3) Termination of effectiveness of certificate.--A
certificate of documentation issued under paragraph (1) shall
expire on the earlier of--
(A) the date of the sale of the vessel or the entity
that owns the vessel;
(B) the date any repairs or alterations are made to
the vessel outside of the United States; or
(C) the date the vessel is no longer operated as a
vessel in the Puget Sound region to support the marine
and maritime science education.
(b) ``F/V Rondys''.--Notwithstanding section 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 F/V Rondys (O.N. 291085)
SEC. 606. INTERNATIONAL ICE PATROL.
(a) Requirement for Report.--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 Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure and the
Committee on Science, Space, and Technology of the House of
Representatives a report that describes the current operations to
perform the International Ice Patrol mission and on alternatives for
carrying out that mission, including satellite surveillance technology.
(b) Alternatives.--The report required by subsection (a) shall
include whether an alternative--
(1) provides timely data on ice conditions with the highest
possible resolution and accuracy;
(2) is able to operate in all weather conditions or any time
of day; and
(3) is more cost effective than the cost of current
operations.
SEC. 607. ASSESSMENT OF OIL SPILL RESPONSE AND CLEANUP ACTIVITIES
IN THE GREAT LAKES.
(a) <> Assessment.--The
Commandant of the Coast Guard, in consultation with the Administrator of
the National Oceanic and Atmospheric Administration and the head of any
other agency
[[Page 83]]
the Commandant determines appropriate, shall conduct an assessment of
the effectiveness of oil spill response activities specific to the Great
Lakes. <> Such assessment shall include--
(1) an evaluation of new research into oil spill impacts in
fresh water under a wide range of conditions; and
(2) an evaluation of oil spill prevention and clean up
contingency plans, in order to improve understanding of oil
spill impacts in the Great Lakes and foster innovative
improvements to safety technologies and environmental protection
systems.
(b) Report to Congress.--Not later than 2 years after the date of
the enactment of this Act, the Commandant of the Coast Guard shall
submit to the Congress a report on the results of the assessment
required by subsection (a).
SEC. 608. REPORT ON STATUS OF TECHNOLOGY DETECTING PASSENGERS WHO
HAVE FALLEN OVERBOARD.
Not later than 18 months after the date of the enactment of this
Act, the Commandant of the Coast Guard shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that--
(1) describes the status of technology for immediately
detecting passengers who have fallen overboard;
(2) <> includes a recommendation to
cruise lines on the feasibility of implementing technology that
immediately detects passengers who have fallen overboard,
factoring in cost and the risk of false positives;
(3) <> includes data collected from cruise
lines on the status of the integration of the technology
described in paragraph (2) on cruise ships, including--
(A) the number of cruise ships that have the
technology to capture images of passengers who have
fallen overboard; and
(B) the number of cruise lines that have tested
technology that can detect passengers who have fallen
overboard; and
(4) includes information on any other available technologies
that cruise ships could integrate to assist in facilitating the
search and rescue of a passenger who has fallen overboard.
SEC. 609. VENUE.
Section 311(d) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861(d)) is amended by striking the second
sentence and inserting ``In the case of Hawaii or any possession of the
United States in the Pacific Ocean, the appropriate court is the United
States District Court for the District of Hawaii, except that in the
case of Guam and Wake Island, the appropriate court is the United States
District Court for the District of Guam, and in the case of the Northern
Mariana Islands, the appropriate court is the United States District
Court for the District of the Northern Mariana Islands.''.
SEC. 610. DISPOSITION OF INFRASTRUCTURE RELATED TO E-LORAN.
(a) Disposition of Infrastructure.--
(1) In general.--Chapter 17 of title 14, United States Code,
is amended by adding at the end the following:
[[Page 84]]
``Sec. 681. <> 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
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 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) Clerical amendment.--The analysis at the beginning of
such chapter <> is amended by adding at
the end the following:
``681. Disposition of infrastructure related to E-LORAN.''.
(3) Conforming repeals.--
(A) Section 229 of the Howard Coble Coast Guard and
Maritime Transportation Act of 2014 (Public Law 113-
[[Page 85]]
281; 128 Stat. 3040), and the item relating to that
section in section 2 of such Act, are repealed.
(B) Subsection 559(e) of the Department of Homeland
Security Appropriations Act, 2010 (Public Law 111-83;
123 Stat. 2180) is repealed.
(b) <> Agreements To Develop Backup Positioning,
Navigation, and Timing System.--Section 93(a) of title 14, United States
Code, is amended by striking ``and'' after the semicolon at the end of
paragraph (23), by striking the period at the end of paragraph (24) and
inserting ``; and'', and by adding at the end the following the
following:
``(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.''.
SEC. 611. PARKING.
Section 611(a) of the Howard Coble Coast Guard and Maritime
Transportation Act of 2014 (Public Law 113-281; 128 Stat. 3064) is
amended by adding at the end the following:
``(3) Reimbursement.--Through September 30, 2017, additional parking
made available under paragraph (2) shall be made available at no cost to
the Coast Guard or members and employees of the Coast Guard.''.
SEC. 612. INAPPLICABILITY OF LOAD LINE REQUIREMENTS TO CERTAIN
UNITED STATES VESSELS TRAVELING IN THE
GULF OF MEXICO.
Section 5102(b) of title 46, United States Code, is amended by
adding at the end the following:
``(13) a vessel of the United States on a domestic voyage
that is within the Gulf of Mexico and operating not more than 15
nautical miles seaward of the base line from which the
territorial sea of the United States is measured between Crystal
Bay, Florida and Hudson Creek, Florida.''.
Approved February 8, 2016.
LEGISLATIVE HISTORY--H.R. 4188 (S. 1611):
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SENATE REPORTS: No. 114-168 (Comm. on Commerce, Science, and
Transportation) accompanying S. 1611.
CONGRESSIONAL RECORD:
Vol. 161 (2015):
Dec. 10, considered and passed
House.
Dec. 18, considered and passed
Senate, amended.
Vol. 162 (2016):
Feb. 1, House concurred in Senate
amendment.