    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-282
    115th Congress

    An Act

    To authorize appropriations for the Coast Guard, 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 ``Frank LoBiondo Coast Guard
    Authorization Act of 2018''.
    SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

    Sec. 1. Short title.
    Sec. 2. Table of contents.

    TITLE I--REORGANIZATION OF TITLE 14, UNITED STATES CODE

    Sec. 101. Initial matter.
    Sec. 102. Subtitle I.
    Sec. 103. Chapter 1.
    Sec. 104. Chapter 3.
    Sec. 105. Chapter 5.
    Sec. 106. Chapter 7.
    Sec. 107. Chapter 9.
    Sec. 108. Chapter 11.
    Sec. 109. Subtitle II.
    Sec. 110. Chapter 19.
    Sec. 111. Part II.
    Sec. 112. Chapter 21.
    Sec. 113. Chapter 23.
    Sec. 114. Chapter 25.
    Sec. 115. Part III.
    Sec. 116. Chapter 27.
    Sec. 117. Chapter 29.
    Sec. 118. Subtitle III and chapter 37.
    Sec. 119. Chapter 39.
    Sec. 120. Chapter 41.
    Sec. 121. Subtitle IV and chapter 49.
    Sec. 122. Chapter 51.
    Sec. 123. References.
    Sec. 124. Rule of construction.

    TITLE II--AUTHORIZATIONS

    Sec. 201. Amendments to title 14, United States Code, as amended by
    title I of this Act.
    Sec. 202. Authorizations of appropriations.
    Sec. 203. Authorized levels of military strength and training.
    Sec. 204. Authorization of amounts for Fast Response Cutters.
    Sec. 205. Authorization of amounts for shoreside infrastructure.
    Sec. 206. Authorization of amounts for aircraft improvements.

    TITLE III--COAST GUARD

    Sec. 301. Amendments to title 14, United States Code, as amended by
    title I of this Act.

    [[Page 4193]]

    Sec. 302. Primary duties.
    Sec. 303. National Coast Guard Museum.
    Sec. 304. Unmanned aircraft.
    Sec. 305. Coast Guard health-care professionals; licensure portability.
    Sec. 306. Training; emergency response providers.
    Sec. 307. Incentive contracts for Coast Guard yard and industrial
    establishments.
    Sec. 308. Confidential investigative expenses.
    Sec. 309. Regular captains; retirement.
    Sec. 310. Conversion, alteration, and repair projects.
    Sec. 311. Contracting for major acquisitions programs.
    Sec. 312. Officer promotion zones.
    Sec. 313. Cross reference.
    Sec. 314. Commissioned service retirement.
    Sec. 315. Leave for birth or adoption of child.
    Sec. 316. Clothing at time of discharge.
    Sec. 317. Unfunded priorities list.
    Sec. 318. Safety of vessels of the Armed Forces.
    Sec. 319. Air facilities.

    TITLE IV--PORTS AND WATERWAYS SAFETY

    Sec. 401. Codification of Ports and Waterways Safety Act.
    Sec. 402. Conforming amendments.
    Sec. 403. Transitional and savings provisions.
    Sec. 404. Rule of construction.
    Sec. 405. Advisory committee: repeal.
    Sec. 406. Regattas and marine parades.
    Sec. 407. Regulation of vessels in territorial waters of United States.
    Sec. 408. Port, harbor, and coastal facility security.

    TITLE V--MARITIME TRANSPORTATION SAFETY

    Sec. 501. Consistency in marine inspections.
    Sec. 502. Uninspected passenger vessels in St. Louis County, Minnesota.
    Sec. 503. Engine cut-off switch requirements.
    Sec. 504. Exception from survival craft requirements.
    Sec. 505. Safety standards.
    Sec. 506. Fishing safety grants.
    Sec. 507. Fishing, fish tender, and fish processing vessel
    certification.
    Sec. 508. Deadline for compliance with alternate safety compliance
    program.
    Sec. 509. Termination of unsafe operations; technical correction.
    Sec. 510. Technical corrections: Licenses, certificates of registry, and
    merchant mariner documents.
    Sec. 511. Clarification of logbook entries.
    Sec. 512. Certificates of documentation for recreational vessels.
    Sec. 513. Numbering for undocumented barges.
    Sec. 514. Backup national timing system.
    Sec. 515. Scientific personnel.
    Sec. 516. Transparency.

    TITLE VI--ADVISORY COMMITTEES

    Sec. 601. National maritime transportation advisory committees.
    Sec. 602. Maritime Security Advisory Committees.

    TITLE VII--FEDERAL MARITIME COMMISSION

    Sec. 701. Short title.
    Sec. 702. Authorization of appropriations.
    Sec. 703. Reporting on impact of alliances on competition.
    Sec. 704. Definition of certain covered services.
    Sec. 705. Reports filed with the Commission.
    Sec. 706. Public participation.
    Sec. 707. Ocean transportation intermediaries.
    Sec. 708. Common carriers.
    Sec. 709. Negotiations.
    Sec. 710. Injunctive relief sought by the Commission.
    Sec. 711. Discussions.
    Sec. 712. Transparency.
    Sec. 713. Study of bankruptcy preparation and response.
    Sec. 714. Agreements unaffected.

    TITLE VIII--MISCELLANEOUS

    Sec. 801. Repeal of obsolete reporting requirement.

    [[Page 4194]]

    Sec. 802. Corrections to provisions enacted by Coast Guard Authorization
    Acts.
    Sec. 803. Officer evaluation report.
    Sec. 804. Extension of authority.
    Sec. 805. Coast Guard ROTC program.
    Sec. 806. Currency detection canine team program.
    Sec. 807. Center of expertise for Great Lakes oil spill search and
    response.
    Sec. 808. Public safety answering points and maritime search and rescue
    coordination.
    Sec. 809. Ship shoal lighthouse transfer: repeal.
    Sec. 810. Land exchange, Ayakulik Island, Alaska.
    Sec. 811. Use of Tract 43.
    Sec. 812. Coast Guard maritime domain awareness.
    Sec. 813. Monitoring.
    Sec. 814. Reimbursements for non-Federal construction costs of certain
    aids to navigation.
    Sec. 815. Towing safety management system fees.
    Sec. 816. Oil spill disbursements auditing and report.
    Sec. 817. Fleet requirements assessment and strategy.
    Sec. 818. National Security Cutter.
    Sec. 819. Acquisition plan for inland waterway and river tenders and
    bay-class icebreakers.
    Sec. 820. Great Lakes icebreaker acquisition.
    Sec. 821. Polar icebreakers.
    Sec. 822. Strategic assets in the Arctic.
    Sec. 823. Arctic planning criteria.
    Sec. 824. Vessel response plan audit.
    Sec. 825. Waters deemed not navigable waters of the United States for
    certain purposes.
    Sec. 826. Documentation of recreational vessels.
    Sec. 827. Equipment requirements; exemption from throwable personal
    flotation devices requirement.
    Sec. 828. Visual distress signals and alternative use.
    Sec. 829. Radar refresher training.
    Sec. 830. Commercial fishing vessel safety national communications plan.
    Sec. 831. Atlantic Coast port access route study recommendations.
    Sec. 832. Drawbridges.
    Sec. 833. Waiver.
    Sec. 834. Fire-retardant materials.
    Sec. 835. Vessel waiver.
    Sec. 836. Temporary limitations.
    Sec. 837. Transfer of Coast Guard property in Jupiter Island, Florida,
    for inclusion in Hobe Sound National Wildlife Refuge.
    Sec. 838. Emergency response.
    Sec. 839. Drawbridges consultation.

    TITLE IX--VESSEL INCIDENTAL DISCHARGE ACT

    Sec. 901. Short title.
    Sec. 902. Purposes; findings.
    Sec. 903. Standards for discharges incidental to normal operation of
    vessels.

    TITLE X--HYDROGRAPHIC SERVICES AND OTHER MATTERS

    Sec. 1001. Reauthorization of Hydrographic Services Improvement Act of
    1998.
    Sec. 1002. System for tracking and reporting all-inclusive cost of
    hydrographic surveys.
    Sec. 1003. Homeport of certain research vessels.

    TITLE I--REORGANIZATION OF TITLE 14, UNITED STATES CODE

    SEC. 101. INITIAL MATTER.

    Title 14, United States Code, <>  is amended
    by striking the title designation, the title heading, and the table of
    parts at the beginning and inserting the following:

    ``TITLE 14 <> --COAST GUARD
    ``Subtitle                                                         Sec.
    ``I. Establishment, Powers, Duties, and Administration............  101

    [[Page 4195]]

    ``II. Personnel................................................... 1901
    ``III. Coast Guard Reserve and Auxiliary.......................... 3701
    ``IV. Coast Guard Authorizations and Reports to Congress.........4901''.

    SEC. 102. SUBTITLE I.

    Part I of title 14, United States Code, <>
    is amended by striking the part designation, the part heading, and the
    table of chapters at the beginning and inserting the following:

    ``Subtitle I <> --Establishment, Powers,
    Duties, and Administration

    ``Chap.                                                            Sec.
    ``1. Establishment and Duties.....................................  101
    ``3. Composition and Organization.................................  301
    ``5. Functions and Powers.........................................  501
    ``7. Cooperation..................................................  701
    ``9. Administration...............................................  901
    ``11. Acquisitions...............................................1101''.

    SEC. 103. CHAPTER 1.

    (a) Initial Matter.--Chapter 1 of title 14, <>  United States Code, is amended by striking the chapter
    designation, the chapter heading, and the table of sections at the
    beginning and inserting the following:

    ``CHAPTER 1 <> --ESTABLISHMENT AND DUTIES

    ``Sec.
    ``101. Establishment of Coast Guard.
    ``102. Primary duties.
    ``103. Department in which the Coast Guard operates.
    ``104. Removing restrictions.
    ``105. Secretary defined.
    ``106. Commandant defined.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter 1 of such title (as added by subsection (a)), in
    the order in which the sections are presented in the
    table.
    (2) Table.--The table referred to in paragraph (1) is the
    following:

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    1   Establishment of Coast Guard..............           101
    ------------------------------------------------------------------------

    [[Page 4196]]

    2   Primary duties............................           102
    ------------------------------------------------------------------------
    3   Department in which the Coast Guard                  103
    operates.................................
    ------------------------------------------------------------------------
    652   Removing restrictions.....................           104
    ------------------------------------------------------------------------
    4   Secretary defined.........................           105
    ------------------------------------------------------------------------
    5   Commandant defined........................           106
    ------------------------------------------------------------------------

    SEC. 104. CHAPTER 3.

    (a) Initial Matter.--Chapter 3 of title 14, <>  United States Code, is amended by striking the chapter
    designation, the chapter heading, and the table of sections at the
    beginning and inserting the following:

    ``CHAPTER 3-- <> COMPOSITION AND ORGANIZATION

    ``Sec.
    ``301. Grades and ratings.
    ``302. Commandant; appointment.
    ``303. Retirement of Commandant or Vice Commandant.
    ``304. Vice Commandant; appointment.
    ``305. Vice admirals.
    ``306. Retirement.
    ``307. Vice admirals and admiral, continuity of grade.
    ``308. Chief Acquisition Officer.
    ``309. Office of the Coast Guard Reserve; Director.
    ``310. Chief of Staff to President: appointment.
    ``311. Captains of the port.
    ``312. Prevention and response workforces.
    ``313. Centers of expertise for Coast Guard prevention and response.
    ``314. Marine industry training program.
    ``315. Training course on workings of Congress.
    ``316. National Coast Guard Museum.
    ``317. United States Coast Guard Band; composition; director.
    ``318. Environmental Compliance and Restoration Program.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter 3 of such title (as added by subsection (a)), in
    the order in which the sections are presented in the
    table.
    (2) Table.--The table referred to in paragraph (1) is the
    following:

    [[Page 4197]]

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    41   Grades and ratings........................           301
    ------------------------------------------------------------------------
    44   Commandant; appointment...................           302
    ------------------------------------------------------------------------
    46   Retirement of Commandant or Vice                     303
    Commandant...............................
    ------------------------------------------------------------------------
    47   Vice Commandant; appointment..............           304
    ------------------------------------------------------------------------
    50   Vice admirals.............................           305
    ------------------------------------------------------------------------
    51   Retirement................................           306
    ------------------------------------------------------------------------
    52   Vice admirals and admiral, continuity of             307
    grade....................................
    ------------------------------------------------------------------------
    56   Chief Acquisition Officer.................           308
    ------------------------------------------------------------------------
    53   Office of the Coast Guard Reserve;                   309
    Director.................................
    ------------------------------------------------------------------------
    54   Chief of Staff to President: appointment..           310
    ------------------------------------------------------------------------
    57   Prevention and response workforces........           312
    ------------------------------------------------------------------------
    58   Centers of expertise for Coast Guard                 313
    prevention and response..................
    ------------------------------------------------------------------------
    59   Marine industry training program..........           314
    ------------------------------------------------------------------------
    60   Training course on workings of Congress...           315
    ------------------------------------------------------------------------
    98   National Coast Guard Museum...............           316
    ------------------------------------------------------------------------
    336   United States Coast Guard Band;                      317
    composition; director....................
    ------------------------------------------------------------------------

    (c) Additional Changes.--
    (1) In general.--Chapter 3 of title 14, United States Code,
    is further amended--
    (A) by inserting after section 310 (as so
    redesignated and transferred under subsection (b)) the
    following:

    [[Page 4198]]

    ``Sec. 311. <>  Captains of the port

    ``Any officer, including any petty officer, may be designated by the
    Commandant as captain of the port or ports or adjacent high seas or
    waters over which the United States has jurisdiction, as the Commandant
    deems necessary to facilitate execution of Coast Guard duties.''; and
    (B) by inserting after section 317 (as so
    redesignated and transferred under subsection (b)) the
    following:
    ``Sec. 318. <>  Environmental Compliance and
    Restoration Program

    ``(a) Definitions.--For the purposes of this section--
    ``(1) `environment', `facility', `person', `release',
    `removal', `remedial', and `response' have the same meaning they
    have in section 101 of the Comprehensive Environmental Response,
    Compensation, and Liability Act (42 U.S.C. 9601);
    ``(2) `hazardous substance' has the same meaning it has in
    section 101 of the Comprehensive Environmental Response,
    Compensation, and Liability Act (42 U.S.C. 9601), except that it
    also includes the meaning given `oil' in section 311 of the
    Federal Water Pollution Control Act (33 U.S.C. 1321); and
    ``(3) `pollutant' has the same meaning it has in section 502
    of the Federal Water Pollution Control Act (33 U.S.C. 1362).

    ``(b) Program.--
    ``(1) The Secretary shall carry out a program of
    environmental compliance and restoration at current and former
    Coast Guard facilities.
    ``(2) Program goals include:
    ``(A) Identifying, investigating, and cleaning up
    contamination from hazardous substances and pollutants.
    ``(B) Correcting other environmental damage that
    poses an imminent and substantial danger to the public
    health or welfare or to the environment.
    ``(C) Demolishing and removing unsafe buildings and
    structures, including buildings and structures at former
    Coast Guard facilities.
    ``(D) Preventing contamination from hazardous
    substances and pollutants at current Coast Guard
    facilities.
    ``(3)(A) The Secretary shall respond to releases of
    hazardous substances and pollutants--
    ``(i) at each Coast Guard facility the United States
    owns, leases, or otherwise possesses;
    ``(ii) at each Coast Guard facility the United
    States owned, leased, or otherwise possessed when the
    actions leading to contamination from hazardous
    substances or pollutants occurred; and
    ``(iii) on each vessel the Coast Guard owns or
    operates.
    ``(B) Subparagraph (A) of this paragraph does not apply to a
    removal or remedial action when a potentially responsible person
    responds under section 122 of the Comprehensive Environmental
    Response, Compensation, and Liability Act (42 U.S.C. 9622).
    ``(C) The Secretary shall pay a fee or charge imposed by a
    State authority for permit services for disposing of hazardous
    substances or pollutants from Coast Guard facilities to the same
    extent that nongovernmental entities are required to pay for
    permit services. This subparagraph does not apply

    [[Page 4199]]

    to a payment that is the responsibility of a lessee, contractor,
    or other private person.
    ``(4) The Secretary may agree with another Federal agency
    for that agency to assist in carrying out the Secretary's
    responsibilities under this section. The Secretary may enter
    into contracts, cooperative agreements, and grant agreements
    with State and local governments to assist in carrying out the
    Secretary's responsibilities under this section. Services that
    may be obtained under this paragraph include identifying,
    investigating, and cleaning up off-site contamination that may
    have resulted from the release of a hazardous substance or
    pollutant at a Coast Guard facility.
    ``(5) Section 119 of the Comprehensive Environmental
    Response, Compensation, and Liability Act (42 U.S.C. 9619)
    applies to response action contractors that carry out response
    actions under this section. The Coast Guard shall indemnify
    response action contractors to the extent that adequate
    insurance is not generally available at a fair price at the time
    the contractor enters into the contract to cover the
    contractor's reasonable, potential, long-term liability.

    ``(c) Amounts Recovered for Response Actions.--
    ``(1) All sums appropriated to carry out the Coast Guard's
    environmental compliance and restoration functions under this
    section or another law shall be credited or transferred to an
    appropriate Coast Guard account, as determined by the Commandant
    and remain available until expended.
    ``(2) Funds may be obligated or expended from such account
    to carry out the Coast Guard's environmental compliance and
    restoration functions under this section or another law.
    ``(3) In proposing the budget for any fiscal year under
    section 1105 of title 31, the President shall set forth
    separately the amount requested for the Coast Guard's
    environmental compliance and restoration activities under this
    section or another law.
    ``(4) Amounts recovered under section 107 of the
    Comprehensive Environmental Response, Compensation, and
    Liability Act (42 U.S.C. 9607) for the Secretary's response
    actions at current and former Coast Guard facilities shall be
    credited to an appropriate Coast Guard account, as determined by
    the Commandant.

    ``(d) Annual List of Projects to Congress.--The Commandant shall
    submit to the Committee on Transportation and Infrastructure of the
    House of Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate a prioritized list of projects eligible for
    environmental compliance and restoration funding for each fiscal year
    concurrent with the President's budget submission for that fiscal
    year.''.
    (2) Conforming repeals.--Sections 634, 690, 691, 692, and
    693 of title 14, United States Code, are repealed.
    SEC. 105. CHAPTER 5.

    (a) Initial Matter.--Chapter 5 of title 14, <>  United States Code, is amended by striking the chapter
    designation, the chapter heading, and the table of sections at the
    beginning and inserting the following:

    [[Page 4200]]

    ``CHAPTER 5 <> --FUNCTIONS AND POWERS

    ``subchapter i--general powers

    ``Sec.
    ``501. Secretary; general powers.
    ``502. Delegation of powers by the Secretary.
    ``503. Regulations.
    ``504. Commandant; general powers.
    ``505. Functions and powers vested in the Commandant.
    ``506. Prospective payment of funds necessary to provide medical care.
    ``507. Appointment of judges.

    ``subchapter ii--life saving and law enforcement authorities

    ``521. Saving life and property.
    ``522. Law enforcement.
    ``523. Enforcement authority.
    ``524. Enforcement of coastwise trade laws.
    ``525. Special agents of the Coast Guard Investigative Service law
    enforcement authority.
    ``526. Stopping vessels; indemnity for firing at or into vessel.
    ``527. Safety of naval vessels.
    ``528. Protecting against unmanned aircraft.

    ``subchapter iii--aids to navigation

    ``541. Aids to navigation authorized.
    ``542. Unauthorized aids to maritime navigation; penalty.
    ``543. Interference with aids to navigation; penalty.
    ``544. Aids to maritime navigation; penalty.
    ``545. Marking of obstructions.
    ``546. Deposit of damage payments.
    ``547. Rewards for apprehension of persons interfering with aids to
    navigation.

    ``subchapter iv--miscellaneous

    ``561. Icebreaking in polar regions.
    ``562. Appeals and waivers.
    ``563. Notification of certain determinations.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter 5 of such title (as added by subsection (a)), in
    the order in which the sections are presented in the
    table.
    (2) Table.--The table referred to in paragraph (1) is the
    following:

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    92   Secretary; general powers.................           501
    ------------------------------------------------------------------------
    631   Delegation of powers by the Secretary.....           502
    ------------------------------------------------------------------------
    633   Regulations...............................           503
    ------------------------------------------------------------------------

    [[Page 4201]]

    93   Commandant; general powers................           504
    ------------------------------------------------------------------------
    632   Functions and powers vested in the                   505
    Commandant...............................
    ------------------------------------------------------------------------
    520   Prospective payment of funds necessary to            506
    provide medical care.....................
    ------------------------------------------------------------------------
    153   Appointment of judges.....................           507
    ------------------------------------------------------------------------
    88   Saving life and property..................           521
    ------------------------------------------------------------------------
    89   Law enforcement...........................           522
    ------------------------------------------------------------------------
    99   Enforcement authority.....................           523
    ------------------------------------------------------------------------
    100   Enforcement of coastwise trade laws.......           524
    ------------------------------------------------------------------------
    95   Special agents of the Coast Guard                    525
    Investigative Service law enforcement
    authority................................
    ------------------------------------------------------------------------
    637   Stopping vessels; indemnity for firing at            526
    or into vessel...........................
    ------------------------------------------------------------------------
    91   Safety of naval vessels...................           527
    ------------------------------------------------------------------------
    104   Protecting against unmanned aircraft......           528
    ------------------------------------------------------------------------
    81   Aids to navigation authorized.............           541
    ------------------------------------------------------------------------
    83   Unauthorized aids to maritime navigation;            542
    penalty..................................
    ------------------------------------------------------------------------
    84   Interference with aids to navigation;                543
    penalty..................................
    ------------------------------------------------------------------------
    85   Aids to maritime navigation; penalty......           544
    ------------------------------------------------------------------------
    86   Marking of obstructions...................           545
    ------------------------------------------------------------------------

    [[Page 4202]]

    642   Deposit of damage payments................           546
    ------------------------------------------------------------------------
    643   Rewards for apprehension of persons                  547
    interfering with aids to navigation......
    ------------------------------------------------------------------------
    87   Icebreaking in polar regions..............           561
    ------------------------------------------------------------------------
    101   Appeals and waivers.......................           562
    ------------------------------------------------------------------------
    103   Notification of certain determinations....           563
    ------------------------------------------------------------------------

    (c) Additional Changes.--Chapter 5 of title 14, United States Code,
    is further amended--
    (1) by inserting before section 501 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER I <> --GENERAL POWERS'';
    (2) by inserting before section 521 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER II <> --LIFE SAVING AND LAW
    ENFORCEMENT AUTHORITIES'';
    (3) by inserting before section 541 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER III <> --AIDS TO NAVIGATION'';
    and
    (4) by inserting before section 561 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER IV <> --MISCELLANEOUS''.
    SEC. 106. CHAPTER 7.

    (a) Initial Matter.--Chapter 7 of title 14 <> , United States Code, is amended by striking the chapter
    designation, the chapter heading, and the table of sections at the
    beginning and inserting the following:

    ``CHAPTER 7 <> --COOPERATION

    ``Sec.
    ``701. Cooperation with other agencies, States, territories, and
    political subdivisions.
    ``702. State Department.
    ``703. Treasury Department.
    ``704. Department of the Army and Department of the Air Force.
    ``705. Navy Department.

    [[Page 4203]]

    ``706. United States Postal Service.
    ``707. Department of Commerce.
    ``708. Department of Health and Human Services.
    ``709. Maritime instruction.
    ``710. Assistance to foreign governments and maritime authorities.
    ``711. Coast Guard officers as attaches to missions.
    ``712. Contracts with Government-owned establishments for work and
    material.
    ``713. Nonappropriated fund instrumentalities: contracts with other
    agencies and instrumentalities to provide or obtain goods and
    services.
    ``714. Arctic maritime domain awareness.
    ``715. Oceanographic research.
    ``716. Arctic maritime transportation.
    ``717. Agreements.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter 7 of such title (as added by subsection (a)), in
    the order in which the sections are presented in the
    table.
    (2) Table.--The table referred to in paragraph (1) is the
    following:

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    141   Cooperation with other agencies, States,             701
    territories, and political subdivisions..
    ------------------------------------------------------------------------
    142   State Department..........................           702
    ------------------------------------------------------------------------
    143   Treasury Department.......................           703
    ------------------------------------------------------------------------
    144   Department of the Army and Department of             704
    the Air Force............................
    ------------------------------------------------------------------------
    145   Navy Department...........................           705
    ------------------------------------------------------------------------
    146   United States Postal Service..............           706
    ------------------------------------------------------------------------
    147   Department of Commerce....................           707
    ------------------------------------------------------------------------
    147a   Department of Health and Human Services...           708
    ------------------------------------------------------------------------
    148   Maritime instruction......................           709
    ------------------------------------------------------------------------

    [[Page 4204]]

    149   Assistance to foreign governments and                710
    maritime authorities.....................
    ------------------------------------------------------------------------
    150   Coast Guard officers as attaches to                  711
    missions.................................
    ------------------------------------------------------------------------
    151   Contracts with Government-owned                      712
    establishments for work and material.....
    ------------------------------------------------------------------------
    152   Nonappropriated fund instrumentalities:              713
    contracts with other agencies and
    instrumentalities to provide or obtain
    goods and services.......................
    ------------------------------------------------------------------------
    154   Arctic maritime domain awareness..........           714
    ------------------------------------------------------------------------
    94   Oceanographic research....................           715
    ------------------------------------------------------------------------
    90   Arctic maritime transportation............           716
    ------------------------------------------------------------------------
    102   Agreements................................           717
    ------------------------------------------------------------------------

    SEC. 107. CHAPTER 9.

    (a) Initial Matter.--Chapter 9 of title 14, <> United States Code, is amended by striking the chapter
    designation, the chapter heading, and the table of sections at the
    beginning and inserting the following:

    ``CHAPTER 9 <> --ADMINISTRATION

    ``subchapter i--real and personal property

    ``Sec.
    ``901. Disposal of certain material.
    ``902. Employment of draftsmen and engineers.
    ``903. Use of certain appropriated funds.
    ``904. Local hire.
    ``905. Procurement authority for family housing.
    ``906. Air Station Cape Cod Improvements.
    ``907. Long-term lease of special purpose facilities.
    ``908. Long-term lease authority for lighthouse property.
    ``909. Small boat station rescue capability.
    ``910. Small boat station closures.
    ``911. Search and rescue center standards.
    ``912. Air facility closures.
    ``913. Turnkey selection procedures.
    ``914. Disposition of infrastructure related to E-LORAN.

    ``subchapter ii--miscellaneous

    ``931. Oaths required for boards.

    [[Page 4205]]

    ``932. Administration of oaths.
    ``933. Coast Guard ensigns and pennants.
    ``934. Penalty for unauthorized use of words `Coast Guard'.
    ``935. Coast Guard band recordings for commercial sale.
    ``936. Confidentiality of medical quality assurance records; qualified
    immunity for participants.
    ``937. Admiralty claims against the United States.
    ``938. Claims for damage to property of the United States.
    ``939. Accounting for industrial work.
    ``940. Supplies and equipment from stock.
    ``941. Coast Guard Supply Fund.
    ``942. Public and commercial vessels and other watercraft; sale of fuel,
    supplies, and services.
    ``943. Arms and ammunition; immunity from taxation.
    ``944. Confidential investigative expenses.
    ``945. Assistance to film producers.
    ``946. User fees.
    ``947. Vessel construction bonding requirements.
    ``948. Contracts for medical care for retirees, dependents, and
    survivors: alternative delivery of health care.
    ``949. Telephone installation and charges.
    ``950. Designation, powers, and accountability of deputy disbursing
    officials.
    ``951. Aircraft accident investigations.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter 9 of such title (as added by subsection (a)), in
    the order in which the sections are presented in the
    table.
    (2) Table.--The table referred to in paragraph (1) is the
    following:

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    641   Disposal of certain material..............           901
    ------------------------------------------------------------------------
    653   Employment of draftsmen and engineers.....           902
    ------------------------------------------------------------------------
    656   Use of certain appropriated funds.........           903
    ------------------------------------------------------------------------
    666   Local hire................................           904
    ------------------------------------------------------------------------
    670   Procurement authority for family housing..           905
    ------------------------------------------------------------------------
    671   Air Station Cape Cod Improvements.........           906
    ------------------------------------------------------------------------
    672   Long-term lease of special purpose                   907
    facilities...............................
    ------------------------------------------------------------------------

    [[Page 4206]]

    672a   Long-term lease authority for lighthouse             908
    property.................................
    ------------------------------------------------------------------------
    674   Small boat station rescue capability......           909
    ------------------------------------------------------------------------
    675   Small boat station closures...............           910
    ------------------------------------------------------------------------
    676   Search and rescue center standards........           911
    ------------------------------------------------------------------------
    676a   Air facility closures.....................           912
    ------------------------------------------------------------------------
    677   Turnkey selection procedures..............           913
    ------------------------------------------------------------------------
    681   Disposition of infrastructure related to E-          914
    LORAN....................................
    ------------------------------------------------------------------------
    635   Oaths required for boards.................           931
    ------------------------------------------------------------------------
    636   Administration of oaths...................           932
    ------------------------------------------------------------------------
    638   Coast Guard ensigns and pennants..........           933
    ------------------------------------------------------------------------
    639   Penalty for unauthorized use of words                934
    ``Coast Guard''..........................
    ------------------------------------------------------------------------
    640   Coast Guard band recordings for commercial           935
    sale.....................................
    ------------------------------------------------------------------------
    645   Confidentiality of medical quality                   936
    assurance records; qualified immunity for
    participants.............................
    ------------------------------------------------------------------------
    646   Admiralty claims against the United States           937
    ------------------------------------------------------------------------
    647   Claims for damage to property of the                 938
    United States............................
    ------------------------------------------------------------------------
    648   Accounting for industrial work............           939
    ------------------------------------------------------------------------
    649   Supplies and equipment from stock.........           940
    ------------------------------------------------------------------------

    [[Page 4207]]

    650   Coast Guard Supply Fund...................           941
    ------------------------------------------------------------------------
    654   Public and commercial vessels and other              942
    watercraft; sale of fuel, supplies, and
    services.................................
    ------------------------------------------------------------------------
    655   Arms and ammunition; immunity from                   943
    taxation.................................
    ------------------------------------------------------------------------
    658   Confidential investigative expenses.......           944
    ------------------------------------------------------------------------
    659   Assistance to film producers..............           945
    ------------------------------------------------------------------------
    664   User fees.................................           946
    ------------------------------------------------------------------------
    667   Vessel construction bonding requirements..           947
    ------------------------------------------------------------------------
    668   Contracts for medical care for retirees,             948
    dependents, and survivors: alternative
    delivery of health care..................
    ------------------------------------------------------------------------
    669   Telephone installation and charges........           949
    ------------------------------------------------------------------------
    673   Designation, powers, and accountability of           950
    deputy disbursing officials..............
    ------------------------------------------------------------------------
    678   Aircraft accident investigations..........           951
    ------------------------------------------------------------------------

    (c) Additional Changes.--Chapter 9 of title 14, United States Code,
    is further amended--
    (1) by inserting before section 901 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER I <> --REAL AND PERSONAL
    PROPERTY'';
    and
    (2) by inserting before section 931 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER II <> --MISCELLANEOUS''.
    SEC. 108. CHAPTER 11.

    (a) Initial Matter.--Chapter 11 of title 14, United States Code, is
    amended by <> striking the chapter designation,
    the chapter

    [[Page 4208]]

    heading, and the table of sections at the beginning and inserting the
    following:

    ``CHAPTER 11 <> --ACQUISITIONS

    ``subchapter i--general provisions

    ``Sec.
    ``1101. Acquisition directorate.
    ``1102. Improvements in Coast Guard acquisition management.
    ``1103. Role of Vice Commandant in major acquisition programs.
    ``1104. Recognition of Coast Guard personnel for excellence in
    acquisition.
    ``1105. Prohibition on use of lead systems integrators.
    ``1106. Required contract terms.
    ``1107. Extension of major acquisition program contracts.
    ``1108. Department of Defense consultation.
    ``1109. Undefinitized contractual actions.
    ``1110. Mission need statement.

    ``subchapter ii--improved acquisition process and procedures

    ``1131. Identification of major system acquisitions.
    ``1132. Acquisition.
    ``1133. Preliminary development and demonstration.
    ``1134. Acquisition, production, deployment, and support.
    ``1135. Acquisition program baseline breach.
    ``1136. Acquisition approval authority.

    ``subchapter iii--procurement

    ``1151. Restriction on construction of vessels in foreign shipyards.
    ``1152. Advance procurement funding.
    ``1153. Prohibition on overhaul, repair, and maintenance of Coast Guard
    vessels in foreign shipyards.
    ``1154. Procurement of buoy chain.
    ``1155. Contract termination.

    ``subchapter iv--definitions

    ``1171. Definitions.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter 11 of such title (as added by subsection (a)),
    in the order in which the sections are presented in the
    table.
    (2) Table.--The table referred to in paragraph (1) is the
    following:

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    561   Acquisition directorate...................          1101
    ------------------------------------------------------------------------
    562   Improvements in Coast Guard acquisition             1102
    management...............................
    ------------------------------------------------------------------------

    [[Page 4209]]

    578   Role of Vice Commandant in major                    1103
    acquisition programs.....................
    ------------------------------------------------------------------------
    563   Recognition of Coast Guard personnel for            1104
    excellence in acquisition................
    ------------------------------------------------------------------------
    564   Prohibition on use of lead systems                  1105
    integrators..............................
    ------------------------------------------------------------------------
    565   Required contract terms...................          1106
    ------------------------------------------------------------------------
    579   Extension of major acquisition program              1107
    contracts................................
    ------------------------------------------------------------------------
    566   Department of Defense consultation........          1108
    ------------------------------------------------------------------------
    567   Undefinitized contractual actions.........          1109
    ------------------------------------------------------------------------
    569   Mission need statement....................          1110
    ------------------------------------------------------------------------
    571   Identification of major system                      1131
    acquisitions.............................
    ------------------------------------------------------------------------
    572   Acquisition...............................          1132
    ------------------------------------------------------------------------
    573   Preliminary development and demonstration.          1133
    ------------------------------------------------------------------------
    574   Acquisition, production, deployment, and            1134
    support..................................
    ------------------------------------------------------------------------
    575   Acquisition program baseline breach.......          1135
    ------------------------------------------------------------------------
    576   Acquisition approval authority............          1136
    ------------------------------------------------------------------------
    665   Restriction on construction of vessels in           1151
    foreign shipyards........................
    ------------------------------------------------------------------------
    577   Advance procurement funding...............          1152
    ------------------------------------------------------------------------

    [[Page 4210]]

    96   Prohibition on overhaul, repair, and                1153
    maintenance of Coast Guard vessels in
    foreign shipyards........................
    ------------------------------------------------------------------------
    97   Procurement of buoy chain.................          1154
    ------------------------------------------------------------------------
    657   Contract termination......................          1155
    ------------------------------------------------------------------------
    581   Definitions...............................          1171
    ------------------------------------------------------------------------

    (c) Additional Changes.--Chapter 11 of title 14, United States Code,
    is further amended--
    (1) <>
    by striking all subdivision designations and headings in such
    chapter, except for--
    (A) the chapter designation and heading added by
    subsection (a);
    (B) the subchapter designations and headings added
    by this subsection; and
    (C) any designation or heading of a section or a
    subdivision of a section;
    (2) by inserting before section 1101 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER I-- <> GENERAL PROVISIONS'';
    (3) by inserting before section 1131 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER II-- <> IMPROVED ACQUISITION
    PROCESS AND PROCEDURES'';
    (4) by inserting before section 1151 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER III-- <> PROCUREMENT'';
    and
    (5) by inserting before section 1171 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER IV <> --DEFINITIONS''.
    SEC. 109. SUBTITLE II.

    (a) Initial Matter.--Title 14, United States Code, is further
    amended by inserting after chapter 11 (as amended by section 108) the
    following:

    [[Page 4211]]

    ``Subtitle II <> --Personnel
    ``Chap.                                                            Sec.
    ``19. Coast Guard Academy......................................... 1901
    ``21. Personnel; Officers......................................... 2101
    ``23. Personnel; Enlisted......................................... 2301
    ``25. Personnel; General Provisions............................... 2501
    ``27. Pay, Allowances, Awards, and Other Rights and Benefits...... 2701
    ``29. Coast Guard Family Support, Child Care, and Housing........2901''.

    (b) Reserved Chapter Numbers.--
    (1) Chapter 13.--Chapter 13 of title 14, United States
    Code <> , is amended by striking the
    chapter designation, the chapter heading, and the table of
    sections at the beginning.
    (2) Chapter 14.--Chapter 14 of title 14, United States Code,
    is amended--
    (A) <>  by striking the
    chapter designation, the chapter heading, and the table
    of sections at the beginning; and
    (B) <>  by striking the subchapter designation and the
    subchapter heading for each of the subchapters of such
    chapter.
    (3) Chapter 15.--Chapter 15 of title 14, United States Code,
    is amended--
    (A) <>  by striking the
    chapter designation, the chapter heading, and the table
    of sections at the beginning; and
    (B) <>  by striking the subchapter designation and the
    subchapter heading for each of the subchapters of such
    chapter.
    (4) Chapter 17.--Chapter 17 of title 14, United States Code,
    is amended <> by striking the chapter
    designation, the chapter heading, and the table of sections at
    the beginning.
    (5) Chapter 18.--Chapter 18 of title 14, United States Code,
    is amended <> by striking the chapter
    designation, the chapter heading, and the table of sections at
    the beginning.
    SEC. 110. CHAPTER 19.

    (a) Initial Matter.--Chapter 19 of title 14, United States Code, is
    amended <> by striking the chapter designation,
    the chapter heading, and the table of sections at the beginning and
    inserting the following:

    ``CHAPTER 19-- <> COAST GUARD ACADEMY

    ``subchapter i--administration

    ``Sec.
    ``1901. Administration of Academy.
    ``1902. Policy on sexual harassment and sexual violence.
    ``1903. Annual Board of Visitors.
    ``1904. Participation in Federal, State, or other educational research
    grants.

    ``subchapter ii--cadets

    ``1921. Corps of Cadets authorized strength.
    ``1922. Appointments.
    ``1923. Admission of foreign nationals for instruction; restrictions;
    conditions.
    ``1924. Conduct.
    ``1925. Agreement.
    ``1926. Cadet applicants; preappointment travel to Academy.
    ``1927. Cadets; initial clothing allowance.
    ``1928. Cadets; degree of bachelor of science.
    ``1929. Cadets; appointment as ensign.
    ``1930. Cadets: charges and fees for attendance; limitation.

    [[Page 4212]]

    ``subchapter iii--faculty

    ``1941. Civilian teaching staff.
    ``1942. Permanent commissioned teaching staff; composition.
    ``1943. Appointment of permanent commissioned teaching staff.
    ``1944. Grade of permanent commissioned teaching staff.
    ``1945. Retirement of permanent commissioned teaching staff.
    ``1946. Credit for service as member of civilian teaching staff.
    ``1947. Assignment of personnel as instructors.
    ``1948. Marine safety curriculum.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter 19 of such title (as added by subsection (a)),
    in the order in which the sections are presented in the
    table.
    (2) Table.--The table referred to in paragraph (1) is the
    following:

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    181   Administration of Academy.................          1901
    ------------------------------------------------------------------------
    200   Policy on sexual harassment and sexual              1902
    violence.................................
    ------------------------------------------------------------------------
    194   Annual Board of Visitors..................          1903
    ------------------------------------------------------------------------
    196   Participation in Federal, State, or other           1904
    educational research grants..............
    ------------------------------------------------------------------------
    195   Admission of foreign nationals for                  1923
    instruction; restrictions; conditions....
    ------------------------------------------------------------------------
    181a   Cadet applicants; preappointment travel to          1926
    Academy..................................
    ------------------------------------------------------------------------
    183   Cadets; initial clothing allowance........          1927
    ------------------------------------------------------------------------
    184   Cadets; degree of bachelor of science.....          1928
    ------------------------------------------------------------------------
    185   Cadets; appointment as ensign.............          1929
    ------------------------------------------------------------------------
    197   Cadets: charges and fees for attendance;            1930
    limitation...............................
    ------------------------------------------------------------------------

    [[Page 4213]]

    186   Civilian teaching staff...................          1941
    ------------------------------------------------------------------------
    187   Permanent commissioned teaching staff;              1942
    composition..............................
    ------------------------------------------------------------------------
    188   Appointment of permanent commissioned               1943
    teaching staff...........................
    ------------------------------------------------------------------------
    189   Grade of permanent commissioned teaching            1944
    staff....................................
    ------------------------------------------------------------------------
    190   Retirement of permanent commissioned                1945
    teaching staff...........................
    ------------------------------------------------------------------------
    191   Credit for service as member of civilian            1946
    teaching staff...........................
    ------------------------------------------------------------------------
    192   Assignment of personnel as instructors....          1947
    ------------------------------------------------------------------------
    199   Marine safety curriculum..................          1948
    ------------------------------------------------------------------------

    (c) Additional Changes.--
    (1) In general.--Chapter 19 of title 14, United States Code,
    is further amended--
    (A) by inserting before section 1901 (as so
    redesignated and transferred under subsection (b)) the
    following:

    ``SUBCHAPTER I-- <> ADMINISTRATION'';
    (B) by inserting before section 1923 (as so
    redesignated and transferred under subsection (b)) the
    following:

    ``SUBCHAPTER II-- <> CADETS
    ``Sec. 1921. <>  Corps of Cadets authorized
    strength

    ``The number of cadets appointed annually to the Academy shall be as
    determined by the Secretary but the number appointed in any one year
    shall not exceed six hundred.
    ``Sec. 1922. <>  Appointments

    ``Appointments to cadetships shall be made under regulations
    prescribed by the Secretary, who shall determine age limits, methods of
    selection of applicants, term of service as a cadet before graduation,
    and all other matters affecting such appointments. In the administration
    of this section, the Secretary shall take such action as may be
    necessary and appropriate to insure that female

    [[Page 4214]]

    individuals shall be eligible for appointment and admission to the Coast
    Guard Academy, and that the relevant standards required for appointment,
    admission, training, graduation, and commissioning of female individuals
    shall be the same as those required for male individuals, except for
    those minimum essential adjustments in such standards required because
    of physiological differences between male and female individuals.'';
    (C) by inserting before section 1926 (as so
    redesignated and transferred under subsection (b)) the
    following:
    ``Sec. 1924. <>  Conduct

    ``The Secretary may summarily dismiss from the Coast Guard any cadet
    who, during his cadetship, is found unsatisfactory in either studies or
    conduct, or may be deemed not adapted for a career in the Coast Guard.
    Cadets shall be subject to rules governing discipline prescribed by the
    Commandant.
    ``Sec. 1925. <>  Agreement

    ``(a) Each cadet shall sign an agreement with respect to the cadet's
    length of service in the Coast Guard. The agreement shall provide that
    the cadet agrees to the following:
    ``(1) That the cadet will complete the course of instruction
    at the Coast Guard Academy.
    ``(2) That upon graduation from the Coast Guard Academy the
    cadet--
    ``(A) will accept an appointment, if tendered, as a
    commissioned officer of the Coast Guard; and
    ``(B) will serve on active duty for at least five
    years immediately after such appointment.
    ``(3) That if an appointment described in paragraph (2) is
    not tendered or if the cadet is permitted to resign as a regular
    officer before the completion of the commissioned service
    obligation of the cadet, the cadet--
    ``(A) will accept an appointment as a commissioned
    officer in the Coast Guard Reserve; and
    ``(B) will remain in that reserve component until
    completion of the commissioned service obligation of the
    cadet.

    ``(b)(1) The Secretary may transfer to the Coast Guard Reserve, and
    may order to active duty for such period of time as the Secretary
    prescribes (but not to exceed four years), a cadet who breaches an
    agreement under subsection (a). The period of time for which a cadet is
    ordered to active duty under this paragraph may be determined without
    regard to section 651(a) of title 10.
    ``(2) A cadet who is transferred to the Coast Guard Reserve under
    paragraph (1) shall be transferred in an appropriate enlisted grade or
    rating, as determined by the Secretary.
    ``(3) For the purposes of paragraph (1), a cadet shall be considered
    to have breached an agreement under subsection (a) if the cadet is
    separated from the Coast Guard Academy under circumstances which the
    Secretary determines constitute a breach by the cadet of the cadet's
    agreement to complete the course of instruction at the Coast Guard
    Academy and accept an appointment as a commissioned officer upon
    graduation from the Coast Guard Academy.
    ``(c) The Secretary shall prescribe regulations to carry out this
    section. Those regulations shall include--

    [[Page 4215]]

    ``(1) standards for determining what constitutes, for the
    purpose of subsection (b), a breach of an agreement under
    subsection (a);
    ``(2) procedures for determining whether such a breach has
    occurred; and
    ``(3) standards for determining the period of time for which
    a person may be ordered to serve on active duty under subsection
    (b).

    ``(d) In this section, `commissioned service obligation', with
    respect to an officer who is a graduate of the Academy, means the period
    beginning on the date of the officer's appointment as a commissioned
    officer and ending on the sixth anniversary of such appointment or, at
    the discretion of the Secretary, any later date up to the eighth
    anniversary of such appointment.
    ``(e)(1) This section does not apply to a cadet who is not a citizen
    or national of the United States.
    ``(2) In the case of a cadet who is a minor and who has parents or a
    guardian, the cadet may sign the agreement required by subsection (a)
    only with the consent of the parent or guardian.
    ``(f) A cadet or former cadet who does not fulfill the terms of the
    obligation to serve as specified under section (a), or the alternative
    obligation imposed under subsection (b), shall be subject to the
    repayment provisions of section 303a(e) of title 37.''; and
    (D) by inserting before section 1941 (as so
    redesignated and transferred under subsection (b)) the
    following:

    ``SUBCHAPTER III-- <> FACULTY''.
    (2) Conforming repeal.--Section 182 of title 14, United
    States Code, is repealed.
    SEC. 111. PART II.

    Part II of title 14, United States Code, <>  is amended by striking the part designation, the part heading,
    and the table of chapters at the beginning.
    SEC. 112. CHAPTER 21.

    (a) Initial Matter.--Chapter 21 of title 14, United States
    Code, <>  is amended by striking the chapter
    designation, the chapter heading, and the table of sections at the
    beginning and inserting the following:

    ``CHAPTER 21-- <> PERSONNEL; OFFICERS

    ``subchapter i--appointment and promotion

    ``Sec.
    ``2101. Original appointment of permanent commissioned officers.
    ``2102. Active duty promotion list.
    ``2103. Number and distribution of commissioned officers on active duty
    promotion list.
    ``2104. Appointment of temporary officers.
    ``2105. Rank of warrant officers.
    ``2106. Selection boards; convening of boards.
    ``2107. Selection boards; composition of boards.
    ``2108. Selection boards; notice of convening; communication with board.
    ``2109. Selection boards; oath of members.
    ``2110. Number of officers to be selected for promotion.
    ``2111. Promotion zones.
    ``2112. Promotion year; defined.
    ``2113. Eligibility of officers for consideration for promotion.
    ``2114. United States Deputy Marshals in Alaska.

    [[Page 4216]]

    ``2115. Selection boards; information to be furnished boards.
    ``2116. Officers to be recommended for promotion.
    ``2117. Selection boards; reports.
    ``2118. Selection boards; submission of reports.
    ``2119. Failure of selection for promotion.
    ``2120. Special selection boards; correction of errors.
    ``2121. Promotions; appointments.
    ``2122. Removal of officer from list of selectees for promotion.
    ``2123. Promotions; acceptance; oath of office.
    ``2124. Promotions; pay and allowances.
    ``2125. Wartime temporary service promotions.
    ``2126. Promotion of officers not included on active duty promotion
    list.
    ``2127. Recall to active duty during war or national emergency.
    ``2128. Recall to active duty with consent of officer.
    ``2129. Aviation cadets; appointment as Reserve officers.

    ``subchapter ii--discharges; retirements; revocation of commissions;
    separation for cause

    ``2141. Revocation of commissions during first five years of
    commissioned service.
    ``2142. Regular lieutenants (junior grade); separation for failure of
    selection for promotion.
    ``2143. Regular lieutenants; separation for failure of selection for
    promotion; continuation.
    ``2144. Regular Coast Guard; officers serving under temporary
    appointments.
    ``2145. Regular lieutenant commanders and commanders; retirement for
    failure of selection for promotion.
    ``2146. Discharge in lieu of retirement; separation pay.
    ``2147. Regular warrant officers: separation pay.
    ``2148. Separation for failure of selection for promotion or
    continuation; time of.
    ``2149. Regular captains; retirement.
    ``2150. Captains; continuation on active duty; involuntary retirement.
    ``2151. Rear admirals and rear admirals (lower half); continuation on
    active duty; involuntary retirement.
    ``2152. Voluntary retirement after twenty years' service.
    ``2153. Voluntary retirement after thirty years' service.
    ``2154. Compulsory retirement.
    ``2155. Retirement for physical disability after selection for
    promotion; grade in which retired.
    ``2156. Deferment of retirement or separation for medical reasons.
    ``2157. Flag officers.
    ``2158. Review of records of officers.
    ``2159. Boards of inquiry.
    ``2160. Boards of review.
    ``2161. Composition of boards.
    ``2162. Rights and procedures.
    ``2163. Removal of officer from active duty; action by Secretary.
    ``2164. Officers considered for removal; retirement or discharge;
    separation benefits.
    ``2165. Relief of retired officer promoted while on active duty.

    ``subchapter iii--general provisions

    ``2181. Physical fitness of officers.
    ``2182. Multirater assessment of certain personnel.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter 21 of such title (as added by subsection (a)),
    in the order in which the sections are presented in the
    table.
    (2) Table.--The table referred to in paragraph (1) is the
    following:

    [[Page 4217]]

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    211   Original appointment of permanent                   2101
    commissioned officers....................
    ------------------------------------------------------------------------
    41a   Active duty promotion list................          2102
    ------------------------------------------------------------------------
    42   Number and distribution of commissioned             2103
    officers on active duty promotion list...
    ------------------------------------------------------------------------
    214   Appointment of temporary officers.........          2104
    ------------------------------------------------------------------------
    215   Rank of warrant officers..................          2105
    ------------------------------------------------------------------------
    251   Selection boards; convening of boards.....          2106
    ------------------------------------------------------------------------
    252   Selection boards; composition of boards...          2107
    ------------------------------------------------------------------------
    253   Selection boards; notice of convening;              2108
    communication with board.................
    ------------------------------------------------------------------------
    254   Selection boards; oath of members.........          2109
    ------------------------------------------------------------------------
    255   Number of officers to be selected for               2110
    promotion................................
    ------------------------------------------------------------------------
    256   Promotion zones...........................          2111
    ------------------------------------------------------------------------
    256a   Promotion year; defined...................          2112
    ------------------------------------------------------------------------
    257   Eligibility of officers for consideration           2113
    for promotion............................
    ------------------------------------------------------------------------
    258   Selection boards; information to be                 2115
    furnished boards.........................
    ------------------------------------------------------------------------
    259   Officers to be recommended for promotion..          2116
    ------------------------------------------------------------------------
    260   Selection boards; reports.................          2117
    ------------------------------------------------------------------------

    [[Page 4218]]

    261   Selection boards; submission of reports...          2118
    ------------------------------------------------------------------------
    262   Failure of selection for promotion........          2119
    ------------------------------------------------------------------------
    263   Special selection boards; correction of             2120
    errors...................................
    ------------------------------------------------------------------------
    271   Promotions; appointments..................          2121
    ------------------------------------------------------------------------
    272   Removal of officer from list of selectees           2122
    for promotion............................
    ------------------------------------------------------------------------
    273   Promotions; acceptance; oath of office....          2123
    ------------------------------------------------------------------------
    274   Promotions; pay and allowances............          2124
    ------------------------------------------------------------------------
    275   Wartime temporary service promotions......          2125
    ------------------------------------------------------------------------
    276   Promotion of officers not included on               2126
    active duty promotion list...............
    ------------------------------------------------------------------------
    331   Recall to active duty during war or                 2127
    national emergency.......................
    ------------------------------------------------------------------------
    332   Recall to active duty with consent of               2128
    officer..................................
    ------------------------------------------------------------------------
    373   Aviation cadets; appointment as Reserve             2129
    officers.................................
    ------------------------------------------------------------------------
    281   Revocation of commissions during first              2141
    five years of commissioned service.......
    ------------------------------------------------------------------------
    282   Regular lieutenants (junior grade);                 2142
    separation for failure of selection for
    promotion................................
    ------------------------------------------------------------------------

    [[Page 4219]]

    283   Regular lieutenants; separation for                 2143
    failure of selection for promotion;
    continuation.............................
    ------------------------------------------------------------------------
    284   Regular Coast Guard; officers serving               2144
    under temporary appointments.............
    ------------------------------------------------------------------------
    285   Regular lieutenant commanders and                   2145
    commanders; retirement for failure of
    selection for promotion..................
    ------------------------------------------------------------------------
    286   Discharge in lieu of retirement;                    2146
    separation pay...........................
    ------------------------------------------------------------------------
    286a   Regular warrant officers: separation pay..          2147
    ------------------------------------------------------------------------
    287   Separation for failure of selection for             2148
    promotion or continuation; time of.......
    ------------------------------------------------------------------------
    288   Regular captains; retirement..............          2149
    ------------------------------------------------------------------------
    289   Captains; continuation on active duty;              2150
    involuntary retirement...................
    ------------------------------------------------------------------------
    290   Rear admirals and rear admirals (lower              2151
    half); continuation on active duty;
    involuntary retirement...................
    ------------------------------------------------------------------------
    291   Voluntary retirement after twenty years'            2152
    service..................................
    ------------------------------------------------------------------------
    292   Voluntary retirement after thirty years'            2153
    service..................................
    ------------------------------------------------------------------------
    293   Compulsory retirement.....................          2154
    ------------------------------------------------------------------------
    294   Retirement for physical disability after            2155
    selection for promotion; grade in which
    retired..................................
    ------------------------------------------------------------------------

    [[Page 4220]]

    295   Deferment of retirement or separation for           2156
    medical reasons..........................
    ------------------------------------------------------------------------
    296   Flag officers.............................          2157
    ------------------------------------------------------------------------
    321   Review of records of officers.............          2158
    ------------------------------------------------------------------------
    322   Boards of inquiry.........................          2159
    ------------------------------------------------------------------------
    323   Boards of review..........................          2160
    ------------------------------------------------------------------------
    324   Composition of boards.....................          2161
    ------------------------------------------------------------------------
    325   Rights and procedures.....................          2162
    ------------------------------------------------------------------------
    326   Removal of officer from active duty;                2163
    action by Secretary......................
    ------------------------------------------------------------------------
    327   Officers considered for removal;                    2164
    retirement or discharge; separation
    benefits.................................
    ------------------------------------------------------------------------
    333   Relief of retired officer promoted while            2165
    on active duty...........................
    ------------------------------------------------------------------------
    335   Physical fitness of officers..............          2181
    ------------------------------------------------------------------------
    429   Multirater assessment of certain personnel          2182
    ------------------------------------------------------------------------

    (c) Additional Changes.--Chapter 21 of title 14, United States Code,
    is further amended--
    (1) <>  by striking all
    subchapter designations and headings in such chapter, except for
    the subchapter designations and headings added by this
    subsection;
    (2) by inserting before section 2101 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER I-- <> APPOINTMENT AND
    PROMOTION'';
    (3) by inserting before section 2115 (as so redesignated and
    transferred under subsection (b)) the following:

    [[Page 4221]]

    ``Sec. 2114. <>  United States Deputy Marshals
    in Alaska

    ``Commissioned officers may be appointed as United States Deputy
    Marshals in Alaska.'';
    (4) by inserting before section 2141 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER II-- <> DISCHARGES; RETIREMENTS;
    REVOCATION OF COMMISSIONS; SEPARATION FOR CAUSE'';
    and
    (5) by inserting before section 2181 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER III-- <> GENERAL PROVISIONS''.
    SEC. 113. CHAPTER 23.

    (a) Initial Matter.--Chapter 23 of title 14, United States
    Code, <>  is amended by striking the chapter
    designation, the chapter heading, and the table of sections at the
    beginning and inserting the following:

    ``CHAPTER 23-- <> PERSONNEL; ENLISTED

    ``Sec.
    ``2301. Recruiting campaigns.
    ``2302. Enlistments; term, grade.
    ``2303. Promotion.
    ``2304. Compulsory retirement at age of sixty-two.
    ``2305. Voluntary retirement after thirty years' service.
    ``2306. Voluntary retirement after twenty years' service.
    ``2307. Retirement of enlisted members: increase in retired pay.
    ``2308. Recall to active duty during war or national emergency.
    ``2309. Recall to active duty with consent of member.
    ``2310. Relief of retired enlisted member promoted while on active duty.
    ``2311. Retirement in cases where higher grade or rating has been held.
    ``2312. Extension of enlistments.
    ``2313. Retention beyond term of enlistment in case of disability.
    ``2314. Detention beyond term of enlistment.
    ``2315. Inclusion of certain conditions in enlistment contract.
    ``2316. Discharge within three months before expiration of enlistment.
    ``2317. Aviation cadets; procurement; transfer.
    ``2318. Aviation cadets; benefits.
    ``2319. Critical skill training bonus.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter 23 of such title (as added by subsection (a)),
    in the order in which the sections are presented in the
    table.
    (2) Table.--The table referred to in paragraph (1) is the
    following:

    [[Page 4222]]

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    350   Recruiting campaigns......................          2301
    ------------------------------------------------------------------------
    351   Enlistments; term, grade..................          2302
    ------------------------------------------------------------------------
    352   Promotion.................................          2303
    ------------------------------------------------------------------------
    353   Compulsory retirement at age of sixty-two.          2304
    ------------------------------------------------------------------------
    354   Voluntary retirement after thirty years'            2305
    service..................................
    ------------------------------------------------------------------------
    355   Voluntary retirement after twenty years'            2306
    service..................................
    ------------------------------------------------------------------------
    357   Retirement of enlisted members: increase            2307
    in retired pay...........................
    ------------------------------------------------------------------------
    359   Recall to active duty during war or                 2308
    national emergency.......................
    ------------------------------------------------------------------------
    360   Recall to active duty with consent of               2309
    member...................................
    ------------------------------------------------------------------------
    361   Relief of retired enlisted member promoted          2310
    while on active duty.....................
    ------------------------------------------------------------------------
    362   Retirement in cases where higher grade or           2311
    rating has been held.....................
    ------------------------------------------------------------------------
    365   Extension of enlistments..................          2312
    ------------------------------------------------------------------------
    366   Retention beyond term of enlistment in              2313
    case of disability.......................
    ------------------------------------------------------------------------
    367   Detention beyond term of enlistment.......          2314
    ------------------------------------------------------------------------
    369   Inclusion of certain conditions in                  2315
    enlistment contract......................
    ------------------------------------------------------------------------
    370   Discharge within three months before                2316
    expiration of enlistment.................
    ------------------------------------------------------------------------

    [[Page 4223]]

    371   Aviation cadets; procurement; transfer....          2317
    ------------------------------------------------------------------------
    372   Aviation cadets; benefits.................          2318
    ------------------------------------------------------------------------
    374   Critical skill training bonus.............          2319
    ------------------------------------------------------------------------

    SEC. 114. CHAPTER 25.

    (a) Initial Matter.--Chapter 25 of title 14, United States Code, is
    amended <> by striking the chapter designation,
    the chapter heading, and the table of sections at the beginning and
    inserting the following:

    ``CHAPTER 25-- <> PERSONNEL; GENERAL
    PROVISIONS

    ``subchapter i--general provisions

    ``Sec.
    ``2501. Grade on retirement.
    ``2502. Retirement.
    ``2503. Status of recalled personnel.
    ``2504. Computation of retired pay.
    ``2505. Limitations on retirement and retired pay.
    ``2506. Suspension of payment of retired pay of members who are absent
    from the United States to avoid prosecution.
    ``2507. Board for Correction of Military Records deadline.
    ``2508. Emergency leave retention authority.
    ``2509. Prohibition of certain involuntary administrative separations.
    ``2510. Sea service letters.
    ``2511. Investigations of flag officers and Senior Executive Service
    employees.
    ``2512. Leave policies for the Coast Guard.
    ``2513. Computation of length of service.

    ``subchapter ii--lighthouse service

    ``2531. Personnel of former Lighthouse Service.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter 25 of such title (as added by subsection (a)),
    in the order in which the sections are presented in the
    table.
    (2) Table.--The table referred to in paragraph (1) is the
    following:

    [[Page 4224]]

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    334   Grade on retirement.......................          2501
    ------------------------------------------------------------------------
    421   Retirement................................          2502
    ------------------------------------------------------------------------
    422   Status of recalled personnel..............          2503
    ------------------------------------------------------------------------
    423   Computation of retired pay................          2504
    ------------------------------------------------------------------------
    424   Limitations on retirement and retired pay.          2505
    ------------------------------------------------------------------------
    424a   Suspension of payment of retired pay of             2506
    members who are absent from the United
    States to avoid prosecution..............
    ------------------------------------------------------------------------
    425   Board for Correction of Military Records            2507
    deadline.................................
    ------------------------------------------------------------------------
    426   Emergency leave retention authority.......          2508
    ------------------------------------------------------------------------
    427   Prohibition of certain involuntary                  2509
    administrative separations...............
    ------------------------------------------------------------------------
    428   Sea service letters.......................          2510
    ------------------------------------------------------------------------
    430   Investigations of flag officers and Senior          2511
    Executive Service employees..............
    ------------------------------------------------------------------------
    431   Leave policies for the Coast Guard........          2512
    ------------------------------------------------------------------------
    467   Computation of length of service..........          2513
    ------------------------------------------------------------------------
    432   Personnel of former Lighthouse Service....          2531
    ------------------------------------------------------------------------

    (c) Additional Changes.--Chapter 25 of title 14, United States Code,
    is further amended--
    (1) by inserting before section 2501 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER I-- <> GENERAL PROVISIONS'';
    and

    [[Page 4225]]

    (2) by inserting before section 2531 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER II-- <> LIGHTHOUSE SERVICE''.
    SEC. 115. PART III.

    Part III of title 14, United States Code, <> is amended by striking the part designation, the part heading,
    and the table of chapters at the beginning.
    SEC. 116. CHAPTER 27.

    (a) Initial Matter.--Chapter 27 of title 14, United States
    Code, <>  is amended by striking the chapter
    designation, the chapter heading, and the table of sections at the
    beginning and inserting the following:

    ``CHAPTER 27-- <> PAY, ALLOWANCES, AWARDS, AND
    OTHER RIGHTS AND BENEFITS

    ``subchapter i--personnel rights and benefits

    ``Sec.
    ``2701. Procurement of personnel.
    ``2702. Training.
    ``2703. Contingent expenses.
    ``2704. Equipment to prevent accidents.
    ``2705. Clothing at time of discharge for good of service.
    ``2706. Right to wear uniform.
    ``2707. Protection of uniform.
    ``2708. Clothing for officers and enlisted personnel.
    ``2709. Procurement and sale of stores to members and civilian
    employees.
    ``2710. Disposition of effects of decedents.
    ``2711. Deserters; payment of expenses incident to apprehension and
    delivery; penalties.
    ``2712. Payment for the apprehension of stragglers.

    ``subchapter ii--awards

    ``2731. Delegation of powers to make awards; rules and regulations.
    ``2732. Medal of honor.
    ``2733. Medal of honor: duplicate medal.
    ``2734. Medal of honor: presentation of Medal of Honor Flag.
    ``2735. Coast Guard cross.
    ``2736. Distinguished service medal.
    ``2737. Silver star medal.
    ``2738. Distinguished flying cross.
    ``2739. Coast Guard medal.
    ``2740. Insignia for additional awards.
    ``2741. Time limit on award; report concerning deed.
    ``2742. Honorable subsequent service as condition to award.
    ``2743. Posthumous awards.
    ``2744. Life-saving medals.
    ``2745. Replacement of medals.
    ``2746. Award of other medals.
    ``2747. Awards and insignia for excellence in service or conduct.
    ``2748. Presentation of United States flag upon retirement.

    ``subchapter iii--payments

    ``2761. Persons discharged as result of court-martial; allowances to.
    ``2762. Shore patrol duty; payment of expenses.
    ``2763. Compensatory absence from duty for military personnel at
    isolated duty stations.
    ``2764. Monetary allowance for transportation of household effects.
    ``2765. Retroactive payment of pay and allowances delayed by
    administrative error or oversight.
    ``2766. Travel card management.
    ``2767. Reimbursement for medical-related travel expenses for certain
    persons residing on islands in the continental United States.

    [[Page 4226]]

    ``2768. Annual audit of pay and allowances of members undergoing
    permanent change of station.
    ``2769. Remission of indebtedness.
    ``2770. Special instruction at universities.
    ``2771. Attendance at professional meetings.
    ``2772. Education loan repayment program.
    ``2773. Rations or commutation therefor in money.
    ``2774. Sales of ration supplies to messes.
    ``2775. Flight rations.
    ``2776. Payments at time of discharge for good of service.
    ``2777. Clothing for destitute shipwrecked persons.
    ``2778. Advancement of public funds to personnel.
    ``2779. Transportation to and from certain places of employment.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter 27 of such title (as added by subsection (a)),
    in the order in which the sections are presented in the
    table.
    (2) Table.--The table referred to in paragraph (1) is the
    following:

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    468   Procurement of personnel..................          2701
    ------------------------------------------------------------------------
    469   Training..................................          2702
    ------------------------------------------------------------------------
    476   Contingent expenses.......................          2703
    ------------------------------------------------------------------------
    477   Equipment to prevent accidents............          2704
    ------------------------------------------------------------------------
    482   Clothing at time of discharge for good of           2705
    service..................................
    ------------------------------------------------------------------------
    483   Right to wear uniform.....................          2706
    ------------------------------------------------------------------------
    484   Protection of uniform.....................          2707
    ------------------------------------------------------------------------
    485   Clothing for officers and enlisted                  2708
    personnel................................
    ------------------------------------------------------------------------
    487   Procurement and sale of stores to members           2709
    and civilian employees...................
    ------------------------------------------------------------------------
    507   Disposition of effects of decedents.......          2710
    ------------------------------------------------------------------------

    [[Page 4227]]

    508   Deserters; payment of expenses incident to          2711
    apprehension and delivery; penalties.....
    ------------------------------------------------------------------------
    644   Payment for the apprehension of stragglers          2712
    ------------------------------------------------------------------------
    499   Delegation of powers to make awards; rules          2731
    and regulations..........................
    ------------------------------------------------------------------------
    491   Medal of honor............................          2732
    ------------------------------------------------------------------------
    504   Medal of honor: duplicate medal...........          2733
    ------------------------------------------------------------------------
    505   Medal of honor: presentation of Medal of            2734
    Honor Flag...............................
    ------------------------------------------------------------------------
    491a   Coast Guard cross.........................          2735
    ------------------------------------------------------------------------
    492   Distinguished service medal...............          2736
    ------------------------------------------------------------------------
    492a   Silver star medal.........................          2737
    ------------------------------------------------------------------------
    492b   Distinguished flying cross................          2738
    ------------------------------------------------------------------------
    493   Coast Guard medal.........................          2739
    ------------------------------------------------------------------------
    494   Insignia for additional awards............          2740
    ------------------------------------------------------------------------
    496   Time limit on award; report concerning              2741
    deed.....................................
    ------------------------------------------------------------------------
    497   Honorable subsequent service as condition           2742
    to award.................................
    ------------------------------------------------------------------------
    498   Posthumous awards.........................          2743
    ------------------------------------------------------------------------
    500   Life-saving medals........................          2744
    ------------------------------------------------------------------------
    501   Replacement of medals.....................          2745
    ------------------------------------------------------------------------
    502   Award of other medals.....................          2746
    ------------------------------------------------------------------------

    [[Page 4228]]

    503   Awards and insignia for excellence in               2747
    service or conduct.......................
    ------------------------------------------------------------------------
    516   Presentation of United States flag upon             2748
    retirement...............................
    ------------------------------------------------------------------------
    509   Persons discharged as result of court-              2761
    martial; allowances to...................
    ------------------------------------------------------------------------
    510   Shore patrol duty; payment of expenses....          2762
    ------------------------------------------------------------------------
    511   Compensatory absence from duty for                  2763
    military personnel at isolated duty
    stations.................................
    ------------------------------------------------------------------------
    512   Monetary allowance for transportation of            2764
    household effects........................
    ------------------------------------------------------------------------
    513   Retroactive payment of pay and allowances           2765
    delayed by administrative error or
    oversight................................
    ------------------------------------------------------------------------
    517   Travel card management....................          2766
    ------------------------------------------------------------------------
    518   Reimbursement for medical-related travel            2767
    expenses for certain persons residing on
    islands in the continental United States.
    ------------------------------------------------------------------------
    519   Annual audit of pay and allowances of               2768
    members undergoing permanent change of
    station..................................
    ------------------------------------------------------------------------
    461   Remission of indebtedness.................          2769
    ------------------------------------------------------------------------
    470   Special instruction at universities.......          2770
    ------------------------------------------------------------------------
    471   Attendance at professional meetings.......          2771
    ------------------------------------------------------------------------
    472   Education loan repayment program..........          2772
    ------------------------------------------------------------------------

    [[Page 4229]]

    478   Rations or commutation therefor in money..          2773
    ------------------------------------------------------------------------
    479   Sales of ration supplies to messes........          2774
    ------------------------------------------------------------------------
    480   Flight rations............................          2775
    ------------------------------------------------------------------------
    481   Payments at time of discharge for good of           2776
    service..................................
    ------------------------------------------------------------------------
    486   Clothing for destitute shipwrecked persons          2777
    ------------------------------------------------------------------------
    488   Advancement of public funds to personnel..          2778
    ------------------------------------------------------------------------
    660   Transportation to and from certain places           2779
    of employment............................
    ------------------------------------------------------------------------

    (c) Additional Changes.--Chapter 27 of title 14, United States Code,
    is further amended--
    (1) by inserting before section 2701 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER I--PERSONNEL <> RIGHTS AND
    BENEFITS'';
    (2) by inserting before section 2731 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER II-- <> AWARDS'';
    and
    (3) by inserting before section 2761 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER III-- <> PAYMENTS''.
    SEC. 117. CHAPTER 29.

    (a) Initial Matter.--Chapter 29 of title 14, United States Code, is
    amended <>  by striking the chapter
    designation, the chapter heading, and the table of sections at the
    beginning and inserting the following:

    [[Page 4230]]

    ``CHAPTER 29-- <> COAST GUARD FAMILY SUPPORT,
    CHILD CARE, AND HOUSING

    ``subchapter i--coast guard families

    ``Sec.
    ``2901. Work-life policies and programs.
    ``2902. Surveys of Coast Guard families.
    ``2903. Reimbursement for adoption expenses.
    ``2904. Education and training opportunities for Coast Guard spouses.
    ``2905. Youth sponsorship initiatives.
    ``2906. Dependent school children.

    ``subchapter ii--coast guard child care

    ``2921. Definitions.
    ``2922. Child development services.
    ``2923. Child development center standards and inspections.
    ``2924. Child development center employees.
    ``2925. Parent partnerships with child development centers.

    ``subchapter iii--housing

    ``2941. Definitions.
    ``2942. General authority.
    ``2943. Leasing and hiring of quarters; rental of inadequate housing.
    ``2944. Retired service members and dependents serving on advisory
    committees.
    ``2945. Conveyance of real property.
    ``2946. Coast Guard Housing Fund.
    ``2947. Reports.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter 29 of such title (as added by subsection (a)),
    in the order in which the sections are presented in the
    table.
    (2) Table.--The table referred to in paragraph (1) is the
    following:

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    531   Work-life policies and programs...........          2901
    ------------------------------------------------------------------------
    532   Surveys of Coast Guard families...........          2902
    ------------------------------------------------------------------------
    541   Reimbursement for adoption expenses.......          2903
    ------------------------------------------------------------------------
    542   Education and training opportunities for            2904
    Coast Guard spouses......................
    ------------------------------------------------------------------------
    543   Youth sponsorship initiatives.............          2905
    ------------------------------------------------------------------------

    [[Page 4231]]

    544   Dependent school children.................          2906
    ------------------------------------------------------------------------
    551   Definitions...............................          2921
    ------------------------------------------------------------------------
    552   Child development services................          2922
    ------------------------------------------------------------------------
    553   Child development center standards and              2923
    inspections..............................
    ------------------------------------------------------------------------
    554   Child development center employees........          2924
    ------------------------------------------------------------------------
    555   Parent partnerships with child development          2925
    centers..................................
    ------------------------------------------------------------------------
    680   Definitions...............................          2941
    ------------------------------------------------------------------------
    681   General authority.........................          2942
    ------------------------------------------------------------------------
    475   Leasing and hiring of quarters; rental of           2943
    inadequate housing.......................
    ------------------------------------------------------------------------
    680   Retired service members and dependents              2944
    serving on advisory committees...........
    ------------------------------------------------------------------------
    685   Conveyance of real property...............          2945
    ------------------------------------------------------------------------
    687   Coast Guard Housing Fund..................          2946
    ------------------------------------------------------------------------
    688   Reports...................................          2947
    ------------------------------------------------------------------------

    (c) Additional Changes.--Chapter 29 of title 14, United States Code,
    is further amended--
    (1) by inserting before section 2901 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER I--COAST <>  GUARD FAMILIES'';
    (2) by inserting before section 2921 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER II-- <> COAST GUARD CHILD CARE'';
    and

    [[Page 4232]]

    (3) by inserting before section 2941 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER III--HOUSING''.

    SEC. 118. SUBTITLE III AND CHAPTER 37.

    (a) Initial Matter.--Title 14, United States Code, is further
    amended by adding after chapter 29 (as amended by section 117) the
    following:

    ``Subtitle III-- <> Coast Guard Reserve and
    Auxiliary
    ``Chap.                                                             Sec.
    ``37. Coast Guard Reserve.........................................  3701
    ``39. Coast Guard Auxiliary.......................................  3901
    ``41. General Provisions for Coast Guard Reserve and Auxiliary....  4101

    ``CHAPTER 1-- <> COAST GUARD RESERVE

    ``subchapter i--administration

    ``Sec.
    ``3701. Organization.
    ``3702. Authorized strength.
    ``3703. Coast Guard Reserve Boards.
    ``3704. Grades and ratings; military authority.
    ``3705. Benefits.
    ``3706. Temporary members of the Reserve; eligibility and compensation.
    ``3707. Temporary members of the Reserve; disability or death benefits.
    ``3708. Temporary members of the Reserve; certificate of honorable
    service.
    ``3709. Reserve student aviation pilots; Reserve aviation pilots;
    appointments in commissioned grade.
    ``3710. Reserve student pre-commissioning assistance program.
    ``3711. Appointment or wartime promotion; retention of grade upon
    release from active duty.
    ``3712. Exclusiveness of service.
    ``3713. Active duty for emergency augmentation of regular forces.
    ``3714. Enlistment of members engaged in schooling.

    ``subchapter ii--personnel

    ``3731. Definitions.
    ``3732. Applicability of this subchapter.
    ``3733. Suspension of this subchapter in time of war or national
    emergency.
    ``3734. Effect of this subchapter on retirement and retired pay.
    ``3735. Authorized number of officers.
    ``3736. Precedence.
    ``3737. Running mates.
    ``3738. Constructive credit upon initial appointment.
    ``3739. Promotion of Reserve officers on active duty.
    ``3740. Promotion; recommendations of selection boards.
    ``3741. Selection boards; appointment.
    ``3742. Establishment of promotion zones under running mate system.
    ``3743. Eligibility for promotion.
    ``3744. Recommendation for promotion of an officer previously removed
    from an active status.
    ``3745. Qualifications for promotion.
    ``3746. Promotion; acceptance; oath of office.
    ``3747. Date of rank upon promotion; entitlement to pay.
    ``3748. Type of promotion; temporary.
    ``3749. Effect of removal by the President or failure of consent of the
    Senate.
    ``3750. Failure of selection for promotion.
    ``3751. Failure of selection and removal from an active status.
    ``3752. Retention boards; removal from an active status to provide a
    flow of promotion.

    [[Page 4233]]

    ``3753. Maximum ages for retention in an active status.
    ``3754. Rear admiral and rear admiral (lower half); maximum service in
    grade.
    ``3755. Appointment of a former Navy or Coast Guard officer.
    ``3756. Grade on entry upon active duty.
    ``3757. Recall of a retired officer; grade upon release.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter 37 of such title (as added by subsection (a)),
    in the order in which the sections are presented in the
    table.
    (2) Table.--The table referred to in paragraph (1) is the
    following:

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    701   Organization..............................          3701
    ------------------------------------------------------------------------
    702   Authorized strength.......................          3702
    ------------------------------------------------------------------------
    703   Coast Guard Reserve Boards................          3703
    ------------------------------------------------------------------------
    704   Grades and ratings; military authority....          3704
    ------------------------------------------------------------------------
    705   Benefits..................................          3705
    ------------------------------------------------------------------------
    706   Temporary members of the Reserve;                   3706
    eligibility and compensation.............
    ------------------------------------------------------------------------
    707   Temporary members of the Reserve;                   3707
    disability or death benefits.............
    ------------------------------------------------------------------------
    708   Temporary members of the Reserve;                   3708
    certificate of honorable service.........
    ------------------------------------------------------------------------
    709   Reserve student aviation pilots; Reserve            3709
    aviation pilots; appointments in
    commissioned grade.......................
    ------------------------------------------------------------------------
    709a   Reserve student pre-commissioning                   3710
    assistance program.......................
    ------------------------------------------------------------------------

    [[Page 4234]]

    710   Appointment or wartime promotion;                   3711
    retention of grade upon release from
    active duty..............................
    ------------------------------------------------------------------------
    711   Exclusiveness of service..................          3712
    ------------------------------------------------------------------------
    712   Active duty for emergency augmentation of           3713
    regular forces...........................
    ------------------------------------------------------------------------
    713   Enlistment of members engaged in schooling          3714
    ------------------------------------------------------------------------
    720   Definitions...............................          3731
    ------------------------------------------------------------------------
    721   Applicability of this subchapter..........          3732
    ------------------------------------------------------------------------
    722   Suspension of this subchapter in time of            3733
    war or national emergency................
    ------------------------------------------------------------------------
    723   Effect of this subchapter on retirement             3734
    and retired pay..........................
    ------------------------------------------------------------------------
    724   Authorized number of officers.............          3735
    ------------------------------------------------------------------------
    725   Precedence................................          3736
    ------------------------------------------------------------------------
    726   Running mates.............................          3737
    ------------------------------------------------------------------------
    727   Constructive credit upon initial                    3738
    appointment..............................
    ------------------------------------------------------------------------
    728   Promotion of Reserve officers on active             3739
    duty.....................................
    ------------------------------------------------------------------------
    729   Promotion; recommendations of selection             3740
    boards...................................
    ------------------------------------------------------------------------
    730   Selection boards; appointment.............          3741
    ------------------------------------------------------------------------
    731   Establishment of promotion zones under              3742
    running mate system......................
    ------------------------------------------------------------------------

    [[Page 4235]]

    732   Eligibility for promotion.................          3743
    ------------------------------------------------------------------------
    733   Recommendation for promotion of an officer          3744
    previously removed from an active status.
    ------------------------------------------------------------------------
    734   Qualifications for promotion..............          3745
    ------------------------------------------------------------------------
    735   Promotion; acceptance; oath of office.....          3746
    ------------------------------------------------------------------------
    736   Date of rank upon promotion; entitlement            3747
    to pay...................................
    ------------------------------------------------------------------------
    737   Type of promotion; temporary..............          3748
    ------------------------------------------------------------------------
    738   Effect of removal by the President or               3749
    failure of consent of the Senate.........
    ------------------------------------------------------------------------
    739   Failure of selection for promotion........          3750
    ------------------------------------------------------------------------
    740   Failure of selection and removal from an            3751
    active status............................
    ------------------------------------------------------------------------
    741   Retention boards; removal from an active            3752
    status to provide a flow of promotion....
    ------------------------------------------------------------------------
    742   Maximum ages for retention in an active             3753
    status...................................
    ------------------------------------------------------------------------
    743   Rear admiral and rear admiral (lower                3754
    half); maximum service in grade..........
    ------------------------------------------------------------------------
    744   Appointment of a former Navy or Coast               3755
    Guard officer............................
    ------------------------------------------------------------------------
    745   Grade on entry upon active duty...........          3756
    ------------------------------------------------------------------------
    746   Recall of a retired officer; grade upon             3757
    release..................................
    ------------------------------------------------------------------------

    [[Page 4236]]

    (c) Additional Changes.--Chapter 37 of title 14, United States Code,
    is further amended--
    (1) by inserting before section 3701 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER I-- <> ADMINISTRATION'';
    and
    (2) by inserting before section 3731 (as so redesignated and
    transferred under subsection (b)) the following:

    ``SUBCHAPTER II-- <> PERSONNEL''.
    SEC. 119. CHAPTER 39.

    (a) Initial Matter.--Title 14, United States Code, is further
    amended by adding after chapter 37 (as added by section 118) the
    following:

    ``CHAPTER 39-- <> COAST GUARD AUXILIARY

    ``Sec.
    ``3901. Administration of the Coast Guard Auxiliary.
    ``3902. Purpose of the Coast Guard Auxiliary.
    ``3903. Eligibility; enrollments.
    ``3904. Members of the Auxiliary; status.
    ``3905. Disenrollment.
    ``3906. Membership in other organizations.
    ``3907. Use of member's facilities.
    ``3908. Vessel deemed public vessel.
    ``3909. Aircraft deemed public aircraft.
    ``3910. Radio station deemed government station.
    ``3911. Availability of appropriations.
    ``3912. Assignment and performance of duties.
    ``3913. Injury or death in line of duty.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter 39 of such title (as added by subsection (a)),
    in the order in which the sections are presented in the
    table.
    (2) Table.--The table referred to in paragraph (1) is the
    following:

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    821   Administration of the Coast Guard                   3901
    Auxiliary................................
    ------------------------------------------------------------------------
    822   Purpose of the Coast Guard Auxiliary......          3902
    ------------------------------------------------------------------------

    [[Page 4237]]

    823   Eligibility; enrollments..................          3903
    ------------------------------------------------------------------------
    823a   Members of the Auxiliary; status..........          3904
    ------------------------------------------------------------------------
    824   Disenrollment.............................          3905
    ------------------------------------------------------------------------
    825   Membership in other organizations.........          3906
    ------------------------------------------------------------------------
    826   Use of member's facilities................          3907
    ------------------------------------------------------------------------
    827   Vessel deemed public vessel...............          3908
    ------------------------------------------------------------------------
    828   Aircraft deemed public aircraft...........          3909
    ------------------------------------------------------------------------
    829   Radio station deemed government station...          3910
    ------------------------------------------------------------------------
    830   Availability of appropriations............          3911
    ------------------------------------------------------------------------
    831   Assignment and performance of duties......          3912
    ------------------------------------------------------------------------
    832   Injury or death in line of duty...........          3913
    ------------------------------------------------------------------------

    SEC. 120. CHAPTER 41.

    (a) Initial Matter.--Title 14, United States Code, is further
    amended by adding after chapter 39 (as added by section 119) the
    following:

    ``CHAPTER 41-- <> GENERAL PROVISIONS FOR COAST
    GUARD RESERVE AND AUXILIARY

    ``Sec.
    ``4101. Flags; pennants; uniforms and insignia.
    ``4102. Penalty.
    ``4103. Limitation on rights of members of the Auxiliary and temporary
    members of the Reserve.
    ``4104. Availability of facilities and appropriations.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter

    [[Page 4238]]

    41 of such title (as added by subsection (a)), in the
    order in which the sections are presented in the table.
    (2) Table.--The table referred to in paragraph (1) is the
    following:

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    891   Flags; pennants; uniforms and insignia....          4101
    ------------------------------------------------------------------------
    892   Penalty...................................          4102
    ------------------------------------------------------------------------
    893   Limitation on rights of members of the              4103
    Auxiliary and temporary members of the
    Reserve..................................
    ------------------------------------------------------------------------
    894   Availability of facilities and                      4104
    appropriations...........................
    ------------------------------------------------------------------------

    SEC. 121. SUBTITLE IV AND CHAPTER 49.

    (a) Initial Matter.--Title 14, United States Code, is further
    amended by adding after chapter 41 (as added by section 120) the
    following:

    ``Subtitle IV-- <> Coast Guard Authorizations
    and Reports to Congress
    ``Chap.                                                             Sec.
    ``49. Authorizations..............................................  4901
    ``51. Reports.....................................................  5101

    ``CHAPTER 49-- <> AUTHORIZATIONS

    ``Sec.
    ``4901. Requirement for prior authorization of appropriations.
    ``4902. Authorization of appropriations.
    ``4903. Authorization of personnel end strengths.
    ``4904. Authorized levels of military strength and training.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter 49 of such title (as added by subsection (a)),
    in the order in which the sections are presented in the
    table.

    [[Page 4239]]

    (2) Table.--The table referred to in paragraph (1) is the
    following:

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    2701   Requirement for prior authorization of              4901
    appropriations...........................
    ------------------------------------------------------------------------
    2702   Authorization of appropriations...........          4902
    ------------------------------------------------------------------------
    2703   Authorization of personnel end strengths..          4903
    ------------------------------------------------------------------------
    2704   Authorized levels of military strength and          4904
    training.................................
    ------------------------------------------------------------------------

    SEC. 122. CHAPTER 51.

    (a) Initial Matter.--Title 14, United States Code, is further
    amended by adding after chapter 49 (as added by section 121) the
    following:

    ``CHAPTER 51-- <> REPORTS

    ``Sec.
    ``5101. Transmission of annual Coast Guard authorization request.
    ``5102. Capital investment plan.
    ``5103. Major acquisitions.
    ``5104. Manpower requirements plan.
    ``5105. Inventory of real property.
    ``5106. Annual performance report.
    ``5107. Major acquisition risk assessment.''.

    (b) Redesignations and Transfers.--
    (1) Requirement.--The sections of title 14, United States
    Code, identified in the table provided in paragraph (2) are
    amended--
    (A) by redesignating the sections as described in
    the table; and
    (B) by transferring the sections, as necessary, so
    that the sections appear after the table of sections for
    chapter 51 of such title (as added by subsection (a)),
    in the order in which the sections are presented in the
    table.
    (2) Table.--The table referred to in paragraph (1) is the
    following:

    [[Page 4240]]

    ------------------------------------------------------------------------
    Title 14                                                   Title 14
    section            Section heading (provided for           section
    number before   identification purposes only-not amended)   number after
    redesignation                                              redesignation
    ------------------------------------------------------------------------
    2901   Transmission of annual Coast Guard                  5101
    authorization request....................
    ------------------------------------------------------------------------
    2902   Capital investment plan...................          5102
    ------------------------------------------------------------------------
    2903   Major acquisitions........................          5103
    ------------------------------------------------------------------------
    2904   Manpower requirements plan................          5104
    ------------------------------------------------------------------------
    679   Inventory of real property................          5105
    ------------------------------------------------------------------------
    2905   Annual performance report.................          5106
    ------------------------------------------------------------------------
    2906   Major acquisition risk assessment.........          5107
    ------------------------------------------------------------------------

    SEC. 123. REFERENCES.

    (a) <> Definitions.--In this section, the
    following definitions apply:
    (1) Redesignated section.--The term ``redesignated section''
    means a section of title 14, United States Code, that is
    redesignated by this title, as that section is so redesignated.
    (2) Source section.--The term ``source section'' means a
    section of title 14, United States Code, that is redesignated by
    this title, as that section was in effect before the
    redesignation.

    (b) Reference to Source Section.--
    (1) <>  Treatment of reference.--A
    reference to a source section, including a reference in a
    regulation, order, or other law, is deemed to refer to the
    corresponding redesignated section.
    (2) Title 14.--In title 14, United States Code, each
    reference in the text of such title to a source <>  section is amended by striking such reference and
    inserting a reference to the appropriate, as determined using
    the tables located in this title, redesignated section.

    (c) Other Conforming Amendments.--
    (1) Reference to section 182.--Section 1923(c) of title 14,
    United States Code, as so redesignated by this title, is further
    amended by striking ``section 182'' and inserting ``section
    1922''.
    (2) References to chapter 11.--Title 14, United States Code,
    is further amended--
    (A) in section 2146(d), as so redesignated by this
    title, by striking ``chapter 11 of this title'' and
    inserting ``this chapter''; and

    [[Page 4241]]

    (B) in section 3739, as so redesignated by this
    title, by striking ``chapter 11'' each place that it
    appears and inserting ``chapter 21''.
    (3) Reference to chapter 13.--Section 3705(b) of title 14,
    United States Code, as so redesignated by this title, is further
    amended by striking ``chapter 13'' and inserting ``chapter 27''.
    (4) Reference to chapter 15.--Section 308(b)(3) of title 14,
    United States Code, as so redesignated by this title, is further
    amended by striking ``chapter 15'' and inserting ``chapter 11''.
    (5) References to chapter 19.--Title 14, United States Code,
    is further amended--
    (A) in section 4901(4), as so redesignated by this
    title, by striking ``chapter 19'' and inserting
    ``section 318''; and
    (B) in section 4902(4), as so redesignated by this
    title, by striking ``chapter 19'' and inserting
    ``section 318''.
    (6) Reference to chapter 23.--Section 701(a) of title 14,
    United States Code, as so redesignated by this title, is further
    amended by striking ``chapter 23'' and inserting ``chapter 39''.
    SEC. 124. <>  RULE OF CONSTRUCTION.

    This title, including the amendments made by this title, is intended
    only to reorganize title 14, United States Code, and may not be
    construed to alter--
    (1) the effect of a provision of title 14, United States
    Code, including any authority or requirement therein;
    (2) a department or agency interpretation with respect to
    title 14, United States Code; or
    (3) a judicial interpretation with respect to title 14,
    United States Code.

    TITLE II--AUTHORIZATIONS

    SEC. 201. AMENDMENTS TO TITLE 14, UNITED STATES CODE, AS AMENDED
    BY TITLE I OF THIS ACT.

    Except as otherwise expressly provided, whenever in this title an
    amendment or repeal is expressed in terms of an amendment to, or a
    repeal of, a section or other provision of title 14, United States Code,
    the reference shall be considered to be made to title 14, United States
    Code, as amended by title I of this Act.
    SEC. 202. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) In General.--Section 4902 of title 14, United States Code, is
    amended to read as follows:
    ``Sec. 4902. Authorizations of appropriations

    ``(a) Fiscal Year 2018.--Funds are authorized to be appropriated for
    fiscal year 2018 for necessary expenses of the Coast Guard as follows:
    ``(1) For the operation and maintenance of the Coast Guard,
    not otherwise provided for, $7,210,313,000 for fiscal year 2018.
    ``(2) For the acquisition, construction, renovation, and
    improvement of aids to navigation, shore facilities, vessels,
    aircraft, and systems, including equipment related thereto, and
    for maintenance, rehabilitation, lease, and operation of
    facilities and equipment, $2,694,745,000 for fiscal year 2018.

    [[Page 4242]]

    ``(3) For the Coast Guard Reserve program, including
    operations and maintenance of the program, personnel and
    training costs, equipment, and services, $114,875,000 for fiscal
    year 2018.
    ``(4) For the environmental compliance and restoration
    functions of the Coast Guard under chapter 3 of this title,
    $13,397,000 for fiscal year 2018.
    ``(5) To the Commandant for research, development, test, and
    evaluation of technologies, materials, and human factors
    directly related to improving the performance of the Coast
    Guard's mission with respect to search and rescue, aids to
    navigation, marine safety, marine environmental protection,
    enforcement of laws and treaties, ice operations, oceanographic
    research, and defense readiness, and for maintenance,
    rehabilitation, lease, and operation of facilities and
    equipment, $29,141,000 for fiscal year 2018.

    ``(b) Fiscal Year 2019.--Funds are authorized to be appropriated for
    fiscal year 2019 for necessary expenses of the Coast Guard as follows:
    ``(1)(A) For the operation and maintenance of the Coast
    Guard, not otherwise provided for, $7,914,195,000 for fiscal
    year 2019.
    ``(B) Of the amount authorized under subparagraph (A)--
    ``(i) $16,701,000 shall be for environmental
    compliance and restoration; and
    ``(ii) $199,360,000 shall be for the Coast Guard's
    Medicare-eligible retiree health care fund contribution
    to the Department of Defense.
    ``(2) For the procurement, construction, renovation, and
    improvement of aids to navigation, shore facilities, vessels,
    aircraft, and systems, including equipment related thereto, and
    for maintenance, rehabilitation, lease, and operation of
    facilities and equipment, $2,694,745,000 for fiscal year 2019.
    ``(3) To the Commandant for research, development, test, and
    evaluation of technologies, materials, and human factors
    directly related to improving the performance of the Coast
    Guard's mission with respect to search and rescue, aids to
    navigation, marine safety, marine environmental protection,
    enforcement of laws and treaties, ice operations, oceanographic
    research, and defense readiness, and for maintenance,
    rehabilitation, lease, and operation of facilities and
    equipment, $29,141,000 for fiscal year 2019.''.

    (b) Repeal.-- <> On October 1, 2018--
    (1) section 4902(a) of title 14, United States Code, as
    amended by subsection (a), shall be repealed; and
    (2) subsection 4902(b) of title 14, United States Code, as
    amended by subsection (a), shall be amended by striking ``(b)
    Fiscal Year 2019.--''.
    SEC. 203. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    Section 4904 of title 14, United States Code, is amended--
    (1) in subsection (a), by striking ``for each of fiscal
    years 2016 and 2017'' and inserting ``for fiscal year 2018 and
    44,500 for fiscal year 2019''; and
    (2) in subsection (b), by striking ``fiscal years 2016 and
    2017'' and inserting ``fiscal years 2018 and 2019''.

    [[Page 4243]]

    SEC. 204. AUTHORIZATION OF AMOUNTS FOR FAST RESPONSE CUTTERS.

    (a) In General.--Of the amounts authorized under section 4902 of
    title 14, United States Code, as amended by this Act, for each of fiscal
    years 2018 and 2019 up to $167,500,000 is authorized for the acquisition
    of 3 Fast Response Cutters.
    (b) Treatment of Acquired Cutters.--Any cutters acquired pursuant to
    subsection (a) shall be in addition to the 58 cutters approved under the
    existing acquisition baseline.
    SEC. 205. AUTHORIZATION OF AMOUNTS FOR SHORESIDE INFRASTRUCTURE.

    Of the amounts authorized under section 4902 of title 14, United
    States Code, as amended by this Act, for each of fiscal years 2018 and
    2019 up to $167,500,000 is authorized for the Secretary of the
    department in which the Coast Guard is operating to fund the
    acquisition, construction, rebuilding, or improvement of Coast Guard
    shoreside infrastructure and facilities necessary to support Coast Guard
    operations and readiness.
    SEC. 206. AUTHORIZATION OF AMOUNTS FOR AIRCRAFT IMPROVEMENTS.

    Of the amounts authorized under section 4902 of title 14, United
    States Code, as amended by this Act, for each of fiscal years 2018 and
    2019 up to $3,500,000 is authorized for the Secretary of the department
    in which the Coast Guard is operating to fund analysis and program
    development for improvements to or the replacement of rotary-wing
    aircraft.

    TITLE III--COAST GUARD

    SEC. 301. AMENDMENTS TO TITLE 14, UNITED STATES CODE, AS AMENDED
    BY TITLE I OF THIS ACT.

    Except as otherwise expressly provided, whenever in this title an
    amendment or repeal is expressed in terms of an amendment to, or a
    repeal of, a section or other provision of title 14, United States Code,
    the reference shall be considered to be made to title 14, United States
    Code, as amended by title I of this Act.
    SEC. 302. PRIMARY DUTIES.

    Section 102(7) of title 14, United States Code, is amended to read
    as follows:
    ``(7) maintain a state of readiness to assist in the defense
    of the United States, including when functioning as a
    specialized service in the Navy pursuant to section 103.''.
    SEC. 303. NATIONAL COAST GUARD MUSEUM.

    Section 316 of title 14, United States Code, is amended to read as
    follows:
    ``Sec. 316. National Coast Guard Museum

    ``(a) Establishment.--The Commandant may establish a National Coast
    Guard Museum, on lands which will be federally owned and administered by
    the Coast Guard, and are located in New London, Connecticut, at, or in
    close proximity to, the Coast Guard Academy.
    ``(b) Limitation on Expenditures.--

    [[Page 4244]]

    ``(1) The Secretary shall not expend any funds appropriated
    to the Coast Guard on the construction of any museum established
    under this section.
    ``(2) The Secretary shall fund the National Coast Guard
    Museum with nonappropriated and non-Federal funds to the maximum
    extent practicable. The priority use of Federal funds should be
    to preserve and protect historic Coast Guard artifacts,
    including the design, fabrication, and installation of exhibits
    or displays in which such artifacts are included.
    ``(3) The Secretary may expend funds appropriated to the
    Coast Guard on the engineering and design of a National Coast
    Guard Museum.

    ``(c) Funding Plan.--Before the date on which the Commandant
    establishes a National Coast Guard Museum under subsection (a), the
    Commandant shall provide to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives a plan for constructing,
    operating, and maintaining such a museum, including--
    ``(1) estimated planning, engineering, design, construction,
    operation, and maintenance costs;
    ``(2) the extent to which appropriated, nonappropriated, and
    non-Federal funds will be used for such purposes, including the
    extent to which there is any shortfall in funding for
    engineering, design, or construction; and
    ``(3) a certification by the Inspector General of the
    department in which the Coast Guard is operating that the
    estimates provided pursuant to paragraphs (1) and (2) are
    reasonable and realistic.

    ``(d) Authority.--The Commandant may not establish a National Coast
    Guard museum except as set forth in this section.''.
    SEC. 304. UNMANNED AIRCRAFT.

    (a) Land-based Unmanned Aircraft System Program.--Chapter 3 of title
    14, United States Code, is amended by adding at the end the following:
    ``Sec. 319. <>  Land-based unmanned aircraft
    system program

    ``(a) In General.--Subject to the availability of appropriations,
    the Secretary shall establish a land-based unmanned aircraft system
    program under the control of the Commandant.
    ``(b) Unmanned Aircraft System Defined.--In this section, the term
    `unmanned aircraft system' has the meaning given that term in section
    331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101
    note).''.
    (b) Limitation on Unmanned Aircraft Systems.--Chapter 11 of title
    14, United States Code, is amended by inserting after section 1155 the
    following:
    ``Sec. 1156. <>  Limitation on unmanned
    aircraft systems

    ``(a) In General.--During any fiscal year for which funds are
    appropriated for the design or construction of an Offshore Patrol
    Cutter, the Commandant--
    ``(1) may not award a contract for design of an unmanned
    aircraft system for use by the Coast Guard; and
    ``(2) may lease, acquire, or acquire the services of an
    unmanned aircraft system only if such system--

    [[Page 4245]]

    ``(A) has been part of a program of record of,
    procured by, or used by a Federal entity (or funds for
    research, development, test, and evaluation have been
    received from a Federal entity with regard to such
    system) before the date on which the Commandant leases,
    acquires, or acquires the services of the system; and
    ``(B) is leased, acquired, or utilized by the
    Commandant through an agreement with a Federal entity,
    unless such an agreement is not practicable or would be
    less cost-effective than an independent contract action
    by the Coast Guard.

    ``(b) Small Unmanned Aircraft Exemption.--Subsection (a)(2) does not
    apply to small unmanned aircraft.
    ``(c) Definitions.--In this section, the terms `small unmanned
    aircraft' and `unmanned aircraft system' have the meanings given those
    terms in section 331 of the FAA Modernization and Reform Act of 2012 (49
    U.S.C. 40101 note).''.
    (c) Clerical Amendments.--
    (1) Chapter 3.--The analysis for chapter 3 of title 14,
    United States <>  Code, is amended by
    adding at the end the following:

    ``319. Land-based unmanned aircraft system program.''.

    (2) Chapter 11.--The analysis for chapter 11 of title 14,
    United States <>  Code, is amended by
    inserting after the item relating to section 1155 the following:

    ``1156. Limitation on unmanned aircraft systems.''.

    (d) Conforming Amendment.--Subsection (c) of section 1105 of title
    14, United States Code, is repealed.
    SEC. 305. COAST GUARD HEALTH-CARE PROFESSIONALS; LICENSURE
    PORTABILITY.

    (a) In General.--Chapter 5 of title 14, United States Code, is
    amended by inserting after section 507 the following:
    ``Sec. 508. <>  Coast Guard health-care
    professionals; licensure portability

    ``(a) In General.--Notwithstanding any other provision of law
    regarding the licensure of health-care providers, a health-care
    professional described in subsection (b) may practice the health
    profession or professions of the health-care professional at any
    location in any State, the District of Columbia, or a Commonwealth,
    territory, or possession of the United States, regardless of where such
    health-care professional or the patient is located, if the practice is
    within the scope of the authorized Federal duties of such health-care
    professional.
    ``(b) Described Individuals.--A health-care professional described
    in this subsection is an individual--
    ``(1) who is--
    ``(A) a member of the Coast Guard;
    ``(B) a civilian employee of the Coast Guard;
    ``(C) a member of the Public Health Service who is
    assigned to the Coast Guard; or
    ``(D) any other health-care professional
    credentialed and privileged at a Federal health-care
    institution or location specially designated by the
    Secretary; and
    ``(2) who--

    [[Page 4246]]

    ``(A) has a current license to practice medicine,
    osteopathic medicine, dentistry, or another health
    profession; and
    ``(B) is performing authorized duties for the Coast
    Guard.

    ``(c) Definitions.--In this section, the terms `license' and
    `health-care professional' have the meanings given those terms in
    section 1094(e) of title 10.''.
    (b) Clerical Amendment.--The analysis for chapter 5 of title 14,
    United States Code, <>  is amended by inserting
    after the item relating to section 507 the following:

    ``508. Coast Guard health-care professionals; licensure portability.''.

    (c) <>  Electronic Health Records.--
    (1) System.--The Commandant of the Coast Guard is authorized
    to procure for the Coast Guard an electronic health record
    system that--
    (A) has been competitively awarded by the Department
    of Defense; and
    (B) ensures full integration with the Department of
    Defense electronic health record systems.
    (2) Support services.--
    (A) In general.--The Commandant is authorized to
    procure support services for the electronic health
    record system procured under paragraph (1) necessary to
    ensure full integration with the Department of Defense
    electronic health record systems.
    (B) Scope.--Support services procured pursuant to
    this paragraph may include services for the following:
    (i) System integration support.
    (ii) Hosting support.
    (iii) Training, testing, technical, and data
    migration support.
    (iv) Hardware support.
    (v) Any other support the Commandant considers
    appropriate.
    (3) Authorized procurement actions.--The Commandant is
    authorized to procure an electronic health record system under
    this subsection through the following:
    (A) A task order under the Department of Defense
    electronic health record contract.
    (B) A sole source contract award.
    (C) An agreement made pursuant to sections 1535 and
    1536 of title 31, United States Code.
    (D) A contract or other procurement vehicle
    otherwise authorized.
    (4) Competition in contracting; exemption.--Procurement of
    an electronic health record system and support services pursuant
    to this subsection shall be exempt from the competition
    requirements of section 2304 of title 10, United States Code.
    SEC. 306. TRAINING; EMERGENCY RESPONSE PROVIDERS.

    (a) In General.--Chapter 7 of title 14, United States Code, is
    amended by adding at the end the following:

    [[Page 4247]]

    ``Sec. 718. <> Training; emergency response
    providers

    ``(a) In General.--The Commandant may, on a reimbursable or a non-
    reimbursable basis, make a training available to emergency response
    providers whenever the Commandant determines that--
    ``(1) a member of the Coast Guard, who is scheduled to
    participate in such training, is unable or unavailable to
    participate in such training;
    ``(2) no other member of the Coast Guard, who is assigned to
    the unit to which the member of the Coast Guard who is unable or
    unavailable to participate in such training is assigned, is able
    or available to participate in such training; and
    ``(3) such training, if made available to such emergency
    response providers, would further the goal of interoperability
    among Federal agencies, non-Federal governmental agencies, or
    both.

    ``(b) Emergency Response Providers Defined.--In this section, the
    term `emergency response providers' has the meaning given that term in
    section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
    ``(c) Treatment of Reimbursement.--Any reimbursements for a training
    that the Coast Guard receives under this section shall be credited to
    the appropriation used to pay the costs for such training.
    ``(d) Status; Limitation on Liability.--
    ``(1) Status.--Any individual to whom, as an emergency
    response provider, training is made available under this
    section, who is not otherwise a Federal employee, shall not,
    because of that training, be considered a Federal employee for
    any purpose (including the purposes of chapter 81 of title 5
    (relating to compensation for injury) and sections 2671 through
    2680 of title 28 (relating to tort claims)).
    ``(2) Limitation on liability.--The United States shall not
    be liable for actions taken by an individual in the course of
    training made available under this section.''.

    (b) Clerical Amendment.--The analysis for chapter 7 of title 14,
    United States Code, <> is amended by adding at
    the end the following:

    ``718. Training; emergency response providers.''.

    SEC. 307. INCENTIVE CONTRACTS FOR COAST GUARD YARD AND INDUSTRIAL
    ESTABLISHMENTS.

    Section 939 of title 14, United States Code, is amended--
    (1) by inserting before ``The Secretary may'' the following:
    ``(a) In General.--'';
    (2) in subsection (a), as so designated by paragraph (1) of
    this section, by striking the period at the end of the last
    sentence and inserting ``or in accordance with subsection
    (b).''; and
    (3) by adding at the end the following:

    ``(b) Incentive Contracts.--
    ``(1) The parties to an order for industrial work to be
    performed by the Coast Guard Yard or a Coast Guard industrial
    establishment designated under subsection (a) may enter into an
    order or a cost-plus-incentive-fee order in accordance with this
    subsection.

    [[Page 4248]]

    ``(2) If such parties enter into such an order or a cost-
    plus-incentive-fee order, an agreed-upon amount of any
    adjustment described in subsection (a) may be distributed as an
    incentive to the wage-grade industrial employees who complete
    the order.
    ``(3) Before entering into such an order or cost-plus-
    incentive-fee order such parties must agree that the wage-grade
    employees of the Coast Guard Yard or Coast Guard industrial
    establishment will take action to improve the delivery schedule
    or technical performance agreed to in the order for industrial
    work to which such parties initially agreed.
    ``(4) Notwithstanding any other provision of law, if the
    industrial workforce of the Coast Guard Yard or Coast Guard
    industrial establishment satisfies the performance target
    established in such an order or cost-plus-incentive-fee order--
    ``(A) the adjustment to be made pursuant to
    subsection (a) shall be reduced by an agreed-upon amount
    and distributed to such wage-grade industrial employees;
    and
    ``(B) the remainder of the adjustment shall be
    credited to the appropriation for such order current at
    that time.''.
    SEC. 308. CONFIDENTIAL INVESTIGATIVE EXPENSES.

    Section 944 of title 14, United States Code, is amended by striking
    ``$45,000'' and inserting ``$250,000''.
    SEC. 309. REGULAR CAPTAINS; RETIREMENT.

    Section 2149(a) of title 14, United States Code, is amended--
    (1) by striking ``zone is'' and inserting ``zone, or from
    being placed at the top of the list of selectees promulgated by
    the Secretary under section 2121(a) of this title, is''; and
    (2) by striking the period at the end and inserting ``or
    placed at the top of the list of selectees, as applicable.''.
    SEC. 310. CONVERSION, ALTERATION, AND REPAIR PROJECTS.

    (a) In General.--Chapter 9 of title 14, United States Code, as
    amended by this Act, is further amended by inserting after section 951
    the following:
    ``Sec. 952. <>  Construction of Coast Guard
    vessels and assignment of vessel projects

    ``The assignment of Coast Guard vessel conversion, alteration, and
    repair projects shall be based on economic and military considerations
    and may not be restricted by a requirement that certain parts of Coast
    Guard shipwork be assigned to a particular type of shipyard or
    geographical area or by a similar requirement.''.
    (b) Clerical Amendment.--The analysis for chapter 9 of title 14,
    United States Code, <> is amended by inserting
    after the item relating to section 951 the following:

    ``952. Construction of Coast Guard vessels and assignment of vessel
    projects.''.

    SEC. 311. CONTRACTING FOR MAJOR ACQUISITIONS PROGRAMS.

    (a) General Acquisition Authority.--Section 501(d) of title 14,
    United States Code, is amended by inserting ``aircraft, and systems,''
    after ``vessels,''.
    (b) Contracting Authority.--Chapter 11 of title 14, United States
    Code, as amended by this Act, is further amended by inserting after
    section 1136 the following:

    [[Page 4249]]

    ``Sec. 1137. <>  Contracting for major
    acquisitions programs

    ``(a) In General.--In carrying out authorities provided to the
    Secretary to design, construct, accept, or otherwise acquire assets and
    systems under section 501(d), the Secretary, acting through the
    Commandant or the head of an integrated program office established for a
    major acquisition program, may enter into contracts for a major
    acquisition program.
    ``(b) Authorized Methods.--Contracts entered into under subsection
    (a)--
    ``(1) may be block buy contracts;
    ``(2) may be incrementally funded;
    ``(3) may include combined purchases, also known as economic
    order quantity purchases, of--
    ``(A) materials and components; and
    ``(B) long lead time materials; and
    ``(4) as provided in section 2306b of title 10, may be
    multiyear contracts.

    ``(c) Subject to Appropriations.--Any contract entered into under
    subsection (a) shall provide that any obligation of the United States to
    make a payment under the contract is subject to the availability of
    amounts specifically provided in advance for that purpose in subsequent
    appropriations Acts.''.
    (c) Clerical Amendment.--The analysis for chapter 11 of title 14,
    United States Code, as amended by this Act <> , is further amended by inserting after the item relating to
    section 1136 the following:

    ``1137. Contracting for major acquisitions programs.''.

    (d) Conforming Amendments.--The following provisions are repealed:
    (1) Section 223 of the Howard Coble Coast Guard and Maritime
    Transportation Act of 2014 <>  (14
    U.S.C. 1152 note), and the item relating to that section in the
    table of contents in section 2 of such Act.
    (2) Section 221(a) of the Coast Guard and Maritime
    Transportation Act of 2012 <>  (14 U.S.C.
    1133 note).
    (3) Section 207(a) of the Coast Guard Authorization Act of
    2016 <>  (14 U.S.C. 561 note).

    (e) <> Internal Regulations and Policy.--
    Not later than 180 days after the date of enactment of this Act, the
    Secretary of the department in which the Coast Guard is operating shall
    establish the internal regulations and policies necessary to exercise
    the authorities provided under this section, including the amendments
    made in this section.

    (f) <> Multiyear Contracts.--The Secretary
    of the department in which the Coast Guard is operating is authorized to
    enter into a multiyear contract for the procurement of a tenth,
    eleventh, and twelfth National Security Cutter and associated
    government-furnished equipment.
    SEC. 312. OFFICER PROMOTION ZONES.

    Section 2111(a) of title 14, United States Code, is amended by
    striking ``six-tenths.'' and inserting ``one-half.''.
    SEC. 313. CROSS REFERENCE.

    Section 2129(a) of title 14, United States Code, is amended by
    inserting ``designated under section 2317'' after ``cadet''.

    [[Page 4250]]

    SEC. 314. COMMISSIONED SERVICE RETIREMENT.

    For Coast Guard officers who retire in fiscal year 2018 or 2019, the
    President may reduce the period of active commissioned service required
    under section 2152 of title 14, United States Code, to a period of not
    less than 8 years.
    SEC. 315. LEAVE FOR BIRTH OR ADOPTION OF CHILD.

    (a) Policy.--Section 2512 of title 14, United States Code, is
    amended--
    (1) by striking ``Not later than 1 year'' and inserting the
    following:

    ``(a) In General.--Except as provided in subsection (b), not later
    than 1 year''; and
    (2) by adding at the end the following:

    ``(b) Leave Associated With Birth or Adoption of Child.--
    Notwithstanding subsection (a), sections 701 and 704 of title 10, or any
    other provision of law, all officers and enlisted members of the Coast
    Guard shall be authorized leave associated with the birth or adoption of
    a child during the 1-year period immediately following such birth or
    adoption and, at the discretion of the Commanding Officer, such officer
    or enlisted member shall be permitted--
    ``(1) to take such leave in increments; and
    ``(2) to use flexible work schedules (pursuant to a program
    established by the Secretary in accordance with chapter 61 of
    title 5).''.

    (b) <> Flexible Work Schedules.--Not later
    than 180 days after the date of enactment of this Act, the Secretary of
    the department in which the Coast Guard is operating shall ensure that a
    flexible work schedule program under chapter 61 of title 5, United
    States Code, is in place for officers and enlisted members of the Coast
    Guard.
    SEC. 316. CLOTHING AT TIME OF DISCHARGE.

    Section 2705 of title 14, United States Code, and the item relating
    to that section in the analysis for chapter 27 of that title,
    are <> repealed.
    SEC. 317. UNFUNDED PRIORITIES LIST.

    (a) In General.--Section 5102 of title 14, United States Code, is
    amended--
    (1) by striking subsection (a) and inserting the following:

    ``(a) In General.--Not later than 60 days after the date on which
    the President submits to Congress a budget pursuant to section 1105 of
    title 31, the Commandant shall submit to the Committee on Transportation
    and Infrastructure of the House of Representatives and the Committee on
    Commerce, Science, and Transportation of the Senate a capital investment
    plan for the Coast Guard that identifies for each capital asset for
    which appropriations are proposed in that budget--
    ``(1) the proposed appropriations included in the budget;
    ``(2) the total estimated cost of completion based on the
    proposed appropriations included in the budget;
    ``(3) projected funding levels for each fiscal year for the
    next 5 fiscal years or until project completion, whichever is
    earlier;
    ``(4) an estimated completion date based on the proposed
    appropriations included in the budget;

    [[Page 4251]]

    ``(5) an acquisition program baseline, as applicable; and
    ``(6) projected commissioning and decommissioning dates for
    each asset.''; and
    (2) by striking subsection (c) and inserting the following:

    ``(c) Definitions.--In this section, the term `new capital asset'
    means--
    ``(1) an acquisition program that does not have an approved
    acquisition program baseline; or
    ``(2) the acquisition of a capital asset in excess of the
    number included in the approved acquisition program baseline.''.

    (b) Unfunded Priorities.--Chapter 51 of title 14, United States
    Code, is amended by adding at the end the following:
    ``Sec. 5108. <> Unfunded priorities list

    ``(a) In General.--Not later than 60 days after the date on which
    the President submits to Congress a budget pursuant to section 1105 of
    title 31, the Commandant shall submit to the Committee on Transportation
    and Infrastructure of the House of Representatives and the Committee on
    Commerce, Science, and Transportation of the Senate a list of each
    unfunded priority for the Coast Guard.
    ``(b) Prioritization.--The list required under subsection (a) shall
    present the unfunded priorities in order from the highest priority to
    the lowest, as determined by the Commandant.
    ``(c) Unfunded Priority Defined.--In this section, the term
    `unfunded priority' means a program or mission requirement that--
    ``(1) has not been selected for funding in the applicable
    proposed budget;
    ``(2) is necessary to fulfill a requirement associated with
    an operational need; and
    ``(3) the Commandant would have recommended for inclusion in
    the applicable proposed budget had additional resources been
    available or had the requirement emerged before the budget was
    submitted.''.

    (c) Clerical Amendment.--The analysis for chapter 51 of title 14,
    United States Code, <> is amended by adding at
    the end the following:

    ``5108. Unfunded priorities list.''.

    SEC. 318. SAFETY OF VESSELS OF THE ARMED FORCES.

    (a) In General.--Section 527 of title 14, United States Code, is
    amended--
    (1) in the heading, by striking ``naval vessels'' and
    inserting ``vessels of the Armed Forces'';
    (2) in subsection (a), by striking ``United States naval
    vessel'' and inserting ``vessel of the Armed Forces'';
    (3) in subsection (b)--
    (A) by striking ``senior naval officer present in
    command'' and inserting ``senior officer present in
    command''; and
    (B) by striking ``United States naval vessel'' and
    inserting ``vessel of the Armed Forces''; and
    (4) by adding at the end the following:

    ``(e) For purposes of this title, the term `vessel of the Armed
    Forces' means--

    [[Page 4252]]

    ``(1) any vessel owned or operated by the Department of
    Defense or the Coast Guard, other than a time- or voyage-
    chartered vessel; and
    ``(2) any vessel owned and operated by the Department of
    Transportation that is designated by the Secretary of the
    department in which the Coast Guard is operating as a vessel
    equivalent to a vessel described in paragraph (1).''.

    (b) Clerical Amendment.--The analysis for chapter 5 of title 14,
    United States Code, <>  is further amended by
    striking the item relating to section 527 and inserting the following:

    ``527. Safety of vessels of the Armed Forces.''.

    (c) Conforming Amendments.--Section 2510(a)(1) of title 14, United
    States Code, is amended--
    (1) by striking ``armed forces'' and inserting ``Armed
    Forces''; and
    (2) by striking ``section 101(a) of title 10'' and inserting
    ``section 527(e)''.
    SEC. 319. AIR FACILITIES.

    Section 912 of title 14, United States Code, is amended--
    (1) by striking subsection (a);
    (2) by redesignating subsections (b) and (c) as subsections
    (a) and (b), respectively;
    (3) in subsection (a) as redesignated--
    (A) by amending paragraph (3) to read as follows:
    ``(3) Public notice and comment.--
    ``(A) In general.--Prior to closing an air facility,
    the Secretary shall provide opportunities for public
    comment, including the convening of public meetings in
    communities in the area of responsibility of the air
    facility with regard to the proposed closure or
    cessation of operations at the air facility.
    ``(B) Public meetings.--Prior to convening a public
    meeting under subparagraph (A), the Secretary shall
    notify each congressional office representing any
    portion of the area of responsibility of the air station
    that is the subject to such public meeting of the
    schedule and location of such public meeting.'';
    (B) in paragraph (4)--
    (i) in the matter preceding subparagraph (A)
    by striking ``2015'' and inserting ``2017''; and
    (ii) by amending subparagraph (A) to read as
    follows:
    ``(A) submit to the Congress a proposal for such
    closure, cessation, or reduction in operations along
    with the budget of the President submitted to Congress
    under section 1105(a) of title 31 that includes--
    ``(i) a discussion of the determination made
    by the Secretary pursuant to paragraph (2); and
    ``(ii) a report summarizing the public
    comments received by the Secretary under paragraph
    (3)''; and
    (C) by adding at the end the following:
    ``(5) Congressional review.--The Secretary may not close,
    cease operations, or significantly reduce personnel and use of a
    Coast Guard air facility for which a written notice is provided
    under paragraph (4)(A) until a period of 18 months

    [[Page 4253]]

    beginning on the date on which such notice is provided has
    elapsed.''.

    TITLE IV--PORTS AND WATERWAYS SAFETY

    SEC. 401. CODIFICATION OF PORTS AND WATERWAYS SAFETY ACT.

    (a) Codification.--Subtitle VII of title 46, United States Code, is
    amended by inserting before chapter 701 the following:

    ``CHAPTER 700-- <> PORTS AND WATERWAYS SAFETY

    ``subchapter a--vessel operations

    ``70001. Vessel traffic services.
    ``70002. Special powers.
    ``70003. Port access routes.
    ``70004. Considerations by Secretary.
    ``70005. International agreements.

    ``subchapter b--ports and waterways safety

    ``70011. Waterfront safety.
    ``70012. Navigational hazards.
    ``70013. Requirement to notify Coast Guard of release of objects into
    the navigable waters of the United States.

    ``subchapter c--condition for entry into ports in the united states

    ``70021. Conditions for entry to ports in the united states.

    ``subchapter d--definitions, regulations, enforcement, investigatory
    powers, applicability

    ``70031. Definitions.
    ``70032. Saint Lawrence Seaway.
    ``70033. Limitation on application to foreign vessels.
    ``70034. Regulations.
    ``70035. Investigatory powers.
    ``70036. Enforcement.

    ``SUBCHAPTER I <> --VESSEL OPERATIONS
    ``Sec. 70001. <>  Vessel traffic services

    ``(a) Subject to the requirements of section 70004, the Secretary--
    ``(1) in any port or place under the jurisdiction of the
    United States, in the navigable waters of the United States, or
    in any area covered by an international agreement negotiated
    pursuant to section 70005, may construct, operate, maintain,
    improve, or expand vessel traffic services, that consist of
    measures for controlling or supervising vessel traffic or for
    protecting navigation and the marine environment and that may
    include one or more of reporting and operating requirements,
    surveillance and communications systems, routing systems, and
    fairways;
    ``(2) shall require appropriate vessels that operate in an
    area of a vessel traffic service to utilize or comply with that
    service;
    ``(3)(A) may require vessels to install and use specified
    navigation equipment, communications equipment, electronic
    relative motion analyzer equipment, or any electronic or other
    device necessary to comply with a vessel traffic service or that
    is necessary in the interests of vessel safety.

    [[Page 4254]]

    ``(B) Notwithstanding subparagraph (A), the Secretary shall
    not require fishing vessels under 300 gross tons as measured
    under section 14502, or an alternate tonnage measured under
    section 14302 as prescribed by the Secretary under section
    14104, or recreational vessels 65 feet or less to possess or use
    the equipment or devices required by this subsection solely
    under the authority of this chapter;
    ``(4) may control vessel traffic in areas subject to the
    jurisdiction of the United States that the Secretary determines
    to be hazardous, or under conditions of reduced visibility,
    adverse weather, vessel congestion, or other hazardous
    circumstances, by--
    ``(A) specifying times of entry, movement, or
    departure;
    ``(B) establishing vessel traffic routing schemes;
    ``(C) establishing vessel size, speed, or draft
    limitations and vessel operating conditions; and
    ``(D) restricting operation, in any hazardous area
    or under hazardous conditions, to vessels that have
    particular operating characteristics or capabilities
    that the Secretary considers necessary for safe
    operation under the circumstances;
    ``(5) may require the receipt of prearrival messages from
    any vessel, destined for a port or place subject to the
    jurisdiction of the United States, in sufficient time to permit
    advance vessel traffic planning before port entry, which shall
    include any information that is not already a matter of record
    and that the Secretary determines necessary for the control of
    the vessel and the safety of the port or the marine environment;
    and
    ``(6) may prohibit the use on vessels of electronic or other
    devices that interfere with communication and navigation
    equipment, except that such authority shall not apply to
    electronic or other devices certified to transmit in the
    maritime services by the Federal Communications Commission and
    used within the frequency bands 157.1875-157.4375 MHz and
    161.7875-162.0375 MHz.

    ``(b) Cooperative Agreements.--
    ``(1) In general.--The Secretary may enter into cooperative
    agreements with public or private agencies, authorities,
    associations, institutions, corporations, organizations, or
    other persons to carry out the functions under subsection
    (a)(1).
    ``(2) Limitation.--
    ``(A) A nongovernmental entity may not under this
    subsection carry out an inherently governmental
    function.
    ``(B) As used in this paragraph, the term
    `inherently governmental function' means any activity
    that is so intimately related to the public interest as
    to mandate performance by an officer or employee of the
    Federal Government, including an activity that requires
    either the exercise of discretion in applying the
    authority of the Government or the use of judgment in
    making a decision for the Government.

    ``(c) Limitation of Liability for Coast Guard Vessel Traffic Service
    Pilots and Non-Federal Vessel Traffic Service Operators.--
    ``(1) Coast guard vessel traffic service pilots.--Any pilot,
    acting in the course and scope of his or her duties while

    [[Page 4255]]

    at a Coast Guard Vessel Traffic Service, who provides
    information, advice, or communication assistance while under the
    supervision of a Coast Guard officer, member, or employee shall
    not be liable for damages caused by or related to such
    assistance unless the acts or omissions of such pilot constitute
    gross negligence or willful misconduct.
    ``(2) Non-federal vessel traffic service operators.--An
    entity operating a non-Federal vessel traffic information
    service or advisory service pursuant to a duly executed written
    agreement with the Coast Guard, and any pilot acting on behalf
    of such entity, is not liable for damages caused by or related
    to information, advice, or communication assistance provided by
    such entity or pilot while so operating or acting unless the
    acts or omissions of such entity or pilot constitute gross
    negligence or willful misconduct.
    ``Sec. 70002. <>  Special powers

    ``The Secretary may order any vessel, in a port or place subject to
    the jurisdiction of the United States or in the navigable waters of the
    United States, to operate or anchor in a manner the Secretary directs
    if--
    ``(1) the Secretary has reasonable cause to believe such
    vessel does not comply with any regulation issued under section
    70034 or any other applicable law or treaty;
    ``(2) the Secretary determines such vessel does not satisfy
    the conditions for port entry set forth in section 70021 of this
    title; or
    ``(3) by reason of weather, visibility, sea conditions, port
    congestion, other hazardous circumstances, or the condition of
    such vessel, the Secretary is satisfied such direction is
    justified in the interest of safety.
    ``Sec. 70003. <> Port access routes

    ``(a) Authority To Designate.--Except as provided in subsection (b)
    and subject to the requirements of subsection (c), in order to provide
    safe access routes for the movement of vessel traffic proceeding to or
    from ports or places subject to the jurisdiction of the United States,
    the Secretary shall designate necessary fairways and traffic separation
    schemes for vessels operating in the territorial sea of the United
    States and in high seas approaches, outside the territorial sea, to such
    ports or places. Such a designation shall recognize, within the
    designated area, the paramount right of navigation over all other uses.
    ``(b) Limitation.--
    ``(1) In general.--No designation may be made by the
    Secretary under this section if--
    ``(A) the Secretary determines such a designation,
    as implemented, would deprive any person of the
    effective exercise of a right granted by a lease or
    permit executed or issued under other applicable
    provisions of law; and
    ``(B) such right has become vested before the time
    of publication of the notice required by paragraph (1)
    of subsection (c).
    ``(2) Consultation required.--The Secretary shall make the
    determination under paragraph (1)(A) after consultation with the
    head of the agency responsible for executing the lease or
    issuing the permit.

    [[Page 4256]]

    ``(c) Consideration of Other Uses.--Before making a designation
    under subsection (a), and in accordance with the requirements of section
    70004, the Secretary shall--
    ``(1) undertake a study of the potential traffic density and
    the need for safe access routes for vessels in any area for
    which fairways or traffic separation schemes are proposed or
    that may otherwise be considered and publish notice of such
    undertaking in the Federal Register;
    ``(2) in consultation with the Secretary of State, the
    Secretary of the Interior, the Secretary of Commerce, the
    Secretary of the Army, and the Governors of affected States, as
    their responsibilities may require, take into account all other
    uses of the area under consideration, including, as appropriate,
    the exploration for, or exploitation of, oil, gas, or other
    mineral resources, the construction or operation of deepwater
    ports or other structures on or above the seabed or subsoil of
    the submerged lands or the Outer Continental Shelf of the United
    States, the establishment or operation of marine or estuarine
    sanctuaries, and activities involving recreational or commercial
    fishing; and
    ``(3) to the extent practicable, reconcile the need for safe
    access routes with the needs of all other reasonable uses of the
    area involved.

    ``(d) Study.--In carrying out the Secretary's responsibilities under
    subsection (c), the Secretary shall--
    ``(1) proceed expeditiously to complete any study
    undertaken; and
    ``(2) after completion of such a study, promptly--
    ``(A) issue a notice of proposed rulemaking for the
    designation contemplated; or
    ``(B) publish in the Federal Register a notice that
    no designation is contemplated as a result of the study
    and the reason for such determination.

    ``(e) Implementation of Designation.--In connection with a
    designation made under this section, the Secretary--
    ``(1) shall issue reasonable rules and regulations governing
    the use of such designated areas, including rules and
    regulations regarding the applicability of rules 9 and 10 of the
    International Regulations for Preventing Collisions at Sea,
    1972, relating to narrow channels and traffic separation
    schemes, respectively, in waters where such regulations apply;
    ``(2) to the extent that the Secretary finds reasonable and
    necessary to effectuate the purposes of the designation, make
    the use of designated fairways and traffic separation schemes
    mandatory for specific types and sizes of vessels, foreign and
    domestic, operating in the territorial sea of the United States
    and for specific types and sizes of vessels of the United States
    operating on the high seas beyond the territorial sea of the
    United States;
    ``(3) may, from time to time, as necessary, adjust the
    location or limits of designated fairways or traffic separation
    schemes in order to accommodate the needs of other uses that
    cannot be reasonably accommodated otherwise, except that such an
    adjustment may not, in the judgment of the Secretary,
    unacceptably adversely affect the purpose for which the existing
    designation was made and the need for which continues; and
    ``(4) shall, through appropriate channels--

    [[Page 4257]]

    ``(A) notify cognizant international organizations
    of any designation, or adjustment thereof; and
    ``(B) take action to seek the cooperation of foreign
    States in making it mandatory for vessels under their
    control to use, to the same extent as required by the
    Secretary for vessels of the United States, any fairway
    or traffic separation scheme designated under this
    section in any area of the high seas.
    ``Sec. 70004. <>  Considerations by Secretary

    ``In carrying out the duties of the Secretary under sections 70001,
    70002, and 70003, the Secretary shall--
    ``(1) take into account all relevant factors concerning
    navigation and vessel safety, protection of the marine
    environment, and the safety and security of United States ports
    and waterways, including--
    ``(A) the scope and degree of the risk or hazard
    involved;
    ``(B) vessel traffic characteristics and trends,
    including traffic volume, the sizes and types of vessels
    involved, potential interference with the flow of
    commercial traffic, the presence of any unusual cargoes,
    and other similar factors;
    ``(C) port and waterway configurations and
    variations in local conditions of geography, climate,
    and other similar factors;
    ``(D) the need for granting exemptions for the
    installation and use of equipment or devices for use
    with vessel traffic services for certain classes of
    small vessels, such as self-propelled fishing vessels
    and recreational vessels;
    ``(E) the proximity of fishing grounds, oil and gas
    drilling and production operations, or any other
    potential or actual conflicting activity;
    ``(F) environmental factors;
    ``(G) economic impact and effects;
    ``(H) existing vessel traffic services; and
    ``(I) local practices and customs, including
    voluntary arrangements and agreements within the
    maritime community; and
    ``(2) at the earliest possible time, consult with and
    receive and consider the views of representatives of the
    maritime community, ports and harbor authorities or
    associations, environmental groups, and other persons who may be
    affected by the proposed actions.
    ``Sec. 70005. <>  International agreements

    ``(a) Transmittal of Regulations.--The Secretary shall transmit, via
    the Secretary of State, to appropriate international bodies or forums,
    any regulations issued under this subchapter, for consideration as
    international standards.
    ``(b) Agreements.--The President is authorized and encouraged to--
    ``(1) enter into negotiations and conclude and execute
    agreements with neighboring nations, to establish compatible
    vessel standards and vessel traffic services, and to establish,
    operate, and maintain international vessel traffic services, in
    areas and under circumstances of mutual concern; and

    [[Page 4258]]

    ``(2) enter into negotiations, through appropriate
    international bodies, and conclude and execute agreements to
    establish vessel traffic services in appropriate areas of the
    high seas.

    ``(c) Operations.--The Secretary, pursuant to any agreement
    negotiated under subsection (b) that is binding upon the United States
    in accordance with constitutional requirements, may--
    ``(1) require vessels operating in an area of a vessel
    traffic service to utilize or to comply with the vessel traffic
    service, including the carrying or installation of equipment and
    devices as necessary for the use of the service; and
    ``(2) waive, by order or regulation, the application of any
    United States law or regulation concerning the design,
    construction, operation, equipment, personnel qualifications,
    and manning standards for vessels operating in waters over which
    the United States exercises jurisdiction if such vessel is not
    en route to or from a United States port or place, and if
    vessels en route to or from a United States port or place are
    accorded equivalent waivers of laws and regulations of the
    neighboring nation, when operating in waters over which that
    nation exercises jurisdiction.

    ``(d) Ship Reporting Systems.--The Secretary, in cooperation with
    the International Maritime Organization, may implement and enforce two
    mandatory ship reporting systems, consistent with international law,
    with respect to vessels subject to such reporting systems entering the
    following areas of the Atlantic Ocean:
    ``(1) Cape Cod Bay, Massachusetts Bay, and Great South
    Channel (in the area generally bounded by a line starting from a
    point on Cape Ann, Massachusetts at 42 deg. 39' N., 70 deg. 37'
    W; then northeast to 42 deg. 45' N., 70 deg. 13' W; then
    southeast to 42 deg. 10' N., 68 deg. 31' W, then south to 41
    deg. 00' N., 68 deg. 31' W; then west to 41 deg. 00' N., 69 deg.
    17' W; then northeast to 42 deg. 05' N., 70 deg. 02' W, then
    west to 42 deg. 04' N., 70 deg. 10' W; and then along the
    Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay
    back to the point on Cape Ann at 42 deg. 39' N., 70 deg. 37' W).
    ``(2) In the coastal waters of the Southeastern United
    States within about 25 nm along a 90 nm stretch of the Atlantic
    seaboard (in an area generally extending from the shoreline east
    to longitude 80 deg. 51.6' W with the southern and northern
    boundary at latitudes 30 deg. 00' N., 31 deg. 27' N.,
    respectively).

    ``SUBCHAPTER II-- <> PORTS AND WATERWAYS
    SAFETY
    ``Sec. 70011. <>  Waterfront safety

    ``(a) In General.--The Secretary may take such action as is
    necessary to--
    ``(1) prevent damage to, or the destruction of, any bridge
    or other structure on or in the navigable waters of the United
    States, or any land structure or shore area immediately adjacent
    to such waters; and
    ``(2) protect the navigable waters and the resources therein
    from harm resulting from vessel or structure damage,
    destruction, or loss.

    [[Page 4259]]

    ``(b) Actions Authorized.--Actions authorized by subsection (a)
    include--
    ``(1) establishing procedures, measures, and standards for
    the handling, loading, unloading, storage, stowage, and movement
    on a structure (including the emergency removal, control, and
    disposition) of explosives or other dangerous articles and
    substances, including oil or hazardous material as those terms
    are defined in section 2101;
    ``(2) prescribing minimum safety equipment requirements for
    a structure to assure adequate protection from fire, explosion,
    natural disaster, and other serious accidents or casualties;
    ``(3) establishing water or waterfront safety zones, or
    other measures, for limited, controlled, or conditional access
    and activity when necessary for the protection of any vessel,
    structure, waters, or shore area; and
    ``(4) establishing procedures for examination to assure
    compliance with the requirements prescribed under this section.

    ``(c) State Law.--Nothing in this section, with respect to
    structures, prohibits a State or political subdivision thereof from
    prescribing higher safety equipment requirements or safety standards
    than those that may be prescribed by regulations under this section.
    ``Sec. 70012. <>  Navigational hazards

    ``(a) Reporting Procedure.--The Secretary shall establish a program
    to encourage fishermen and other vessel operators to report potential or
    existing navigational hazards involving pipelines to the Secretary
    through Coast Guard field offices.
    ``(b) Secretary's Response.--
    ``(1) Notification by the operator of a pipeline.--Upon
    notification by the operator of a pipeline of a hazard to
    navigation with respect to that pipeline, the Secretary shall
    immediately notify Coast Guard headquarters, the Pipeline and
    Hazardous Materials Safety Administration, other affected
    Federal and State agencies, and vessel owners and operators in
    the pipeline's vicinity.
    ``(2) Notification by other persons.--Upon notification by
    any other person of a hazard or potential hazard to navigation
    with respect to a pipeline, the Secretary shall promptly
    determine whether a hazard exists, and if so shall immediately
    notify Coast Guard headquarters, the Pipeline and Hazardous
    Materials Safety Administration, other affected Federal and
    State agencies, vessel owners and operators in the pipeline's
    vicinity, and the owner and operator of the pipeline.

    ``(c) Pipeline Defined.--For purposes of this section, the term
    `pipeline' has the meaning given the term `pipeline facility' in section
    60101(a)(18) of title 49.
    ``Sec. 70013. <>  Requirement to notify Coast
    Guard of release of objects into the navigable
    waters of the United States

    ``(a) Requirement.--As soon as a person has knowledge of any release
    from a vessel or facility into the navigable waters of the United States
    of any object that creates an obstruction prohibited under section 10 of
    the Act of March 3, 1899, popularly known as the Rivers and Harbors
    Appropriations Act of 1899 (33 U.S.C. 403), such person shall notify the
    Secretary and the Secretary of the Army of such release.

    [[Page 4260]]

    ``(b) Restriction on Use of Notification.--Any notification provided
    by an individual in accordance with subsection (a) may not be used
    against such individual in any criminal case, except a prosecution for
    perjury or for giving a false statement.

    ``SUBCHAPTER III-- <> CONDITION FOR ENTRY
    INTO PORTS IN THE UNITED STATES
    ``Sec. 70021. <>  Conditions for entry to
    ports in the United States

    ``(a) In General.--No vessel that is subject to chapter 37 shall
    operate in the navigable waters of the United States or transfer cargo
    or residue in any port or place under the jurisdiction of the United
    States, if such vessel--
    ``(1) has a history of accidents, pollution incidents, or
    serious repair problems that, as determined by the Secretary,
    creates reason to believe that such vessel may be unsafe or may
    create a threat to the marine environment;
    ``(2) fails to comply with any applicable regulation issued
    under section 70034, chapter 37, or any other applicable law or
    treaty;
    ``(3) discharges oil or hazardous material in violation of
    any law of the United States or in a manner or quantities
    inconsistent with any treaty to which the United States is a
    party;
    ``(4) does not comply with any applicable vessel traffic
    service requirements;
    ``(5) is manned by one or more officers who are licensed by
    a certificating State that the Secretary has determined,
    pursuant to section 9101 of title 46, does not have standards
    for licensing and certification of seafarers that are comparable
    to or more stringent than United States standards or
    international standards that are accepted by the United States;
    ``(6) is not manned in compliance with manning levels as
    determined by the Secretary to be necessary to insure the safe
    navigation of the vessel; or
    ``(7) while underway, does not have at least one licensed
    deck officer on the navigation bridge who is capable of clearly
    understanding English.

    ``(b) Exceptions.--
    ``(1) In general.--The Secretary may allow provisional entry
    of a vessel that is not in compliance with subsection (a), if
    the owner or operator of such vessel proves, to the satisfaction
    of the Secretary, that such vessel is not unsafe or a threat to
    the marine environment, and if such entry is necessary for the
    safety of the vessel or persons aboard.
    ``(2) Provisions not applicable.--Paragraphs (1), (2), (3),
    and (4) of subsection (a) of this section shall not apply to a
    vessel allowed provisional entry under paragraph (1) if the
    owner or operator of such vessel proves, to the satisfaction of
    the Secretary, that such vessel is no longer unsafe or a threat
    to the marine environment, and is no longer in violation of any
    applicable law, treaty, regulation, or condition, as
    appropriate.

    [[Page 4261]]

    ``SUBCHAPTER IV-- <> DEFINITIONS,
    REGULATIONS, ENFORCEMENT, INVESTIGATORY POWERS, APPLICABILITY
    ``Sec. 70031. <>  Definitions

    ``As used in subchapters A through C and this subchapter, unless the
    context otherwise requires:
    ``(1) The term `marine environment' means--
    ``(A) the navigable waters of the United States and
    the land and resources therein and thereunder;
    ``(B) the waters and fishery resources of any area
    over which the United States asserts exclusive fishery
    management authority;
    ``(C) the seabed and subsoil of the Outer
    Continental Shelf of the United States, the resources
    thereof, and the waters superjacent thereto; and
    ``(D) the recreational, economic, and scenic values
    of such waters and resources.
    ``(2) The term `Secretary' means the Secretary of the
    department in which the Coast Guard is operating, except that
    such term means the Secretary of Transportation with respect to
    the application of this chapter to the Saint Lawrence Seaway.
    ``(3) The term `navigable waters of the United States'
    includes all waters of the territorial sea of the United States
    as described in Presidential Proclamation No. 5928 of December
    27, 1988.
    ``Sec. 70032. <>  Saint Lawrence Seaway

    ``The authority granted to the Secretary under sections 70001,
    70002, 70003, 70004, and 70011 may not be delegated with respect to the
    Saint Lawrence Seaway to any agency other than the Saint Lawrence Seaway
    Development Corporation. Any other authority granted the Secretary under
    subchapters A through C and this subchapter shall be delegated by the
    Secretary to the Saint Lawrence Seaway Development Corporation to the
    extent the Secretary determines such delegation is necessary for the
    proper operation of the Saint Lawrence Seaway.
    ``Sec. 70033. <>  Limitation on application
    to foreign vessels

    ``Except pursuant to international treaty, convention, or agreement,
    to which the United States is a party, subchapters A through C and this
    subchapter shall not apply to any foreign vessel that is not destined
    for, or departing from, a port or place subject to the jurisdiction of
    the United States and that is in--
    ``(1) innocent passage through the territorial sea of the
    United States; or
    ``(2) transit through the navigable waters of the United
    States that form a part of an international strait.
    ``Sec. 70034. <>  Regulations

    ``(a) In General.--In accordance with section 553 of title 5, the
    Secretary shall issue, and may from time to time amend or repeal,
    regulations necessary to implement subchapters A through C and this
    subchapter.
    ``(b) Consultation.--In the exercise of the regulatory authority
    under subchapters A through C and this subchapter, the Secretary shall
    consult with, and receive and consider the views of all interested
    persons, including--

    [[Page 4262]]

    ``(1) interested Federal departments and agencies;
    ``(2) officials of State and local governments;
    ``(3) representatives of the maritime community;
    ``(4) representatives of port and harbor authorities or
    associations;
    ``(5) representatives of environmental groups;
    ``(6) any other interested persons who are knowledgeable or
    experienced in dealing with problems involving vessel safety,
    port and waterways safety, and protection of the marine
    environment; and
    ``(7) advisory committees consisting of all interested
    segments of the public when the establishment of such committees
    is considered necessary because the issues involved are highly
    complex or controversial.
    ``Sec. 70035. <>  Investigatory powers

    ``(a) Secretary.--The Secretary may investigate any incident,
    accident, or act involving the loss or destruction of, or damage to, any
    structure subject to subchapters A through C and this subchapter, or
    that affects or may affect the safety or environmental quality of the
    ports, harbors, or navigable waters of the United States.
    ``(b) Powers.--In an investigation under this section, the Secretary
    may issue subpoenas to require the attendance of witnesses and the
    production of documents or other evidence relating to such incident,
    accident, or act. If any person refuses to obey a subpoena, the
    Secretary may request the Attorney General to invoke the aid of the
    appropriate district court of the United States to compel compliance
    with the subpoena. Any district court of the United States may, in the
    case of refusal to obey a subpoena, issue an order requiring compliance
    with the subpoena, and failure to obey the order may be punished by the
    court as contempt. Witnesses may be paid fees for travel and attendance
    at rates not exceeding those allowed in a district court of the United
    States.
    ``Sec. 70036. <>  Enforcement

    ``(a) Civil Penalty.--
    ``(1) In general.--Any person who is found by the Secretary,
    after notice and an opportunity for a hearing, to have violated
    subchapters A through C or this subchapter or a regulation
    issued under subchapters A through C or this subchapter shall be
    liable to the United States for a civil penalty, not to exceed
    $25,000 for each violation. Each day of a continuing violation
    shall constitute a separate violation. The amount of such civil
    penalty shall be assessed by the Secretary, or the Secretary's
    designee, by written notice. In determining the amount of such
    penalty, the Secretary shall take into account the nature,
    circumstances, extent, and gravity of the prohibited acts
    committed and, with respect to the violator, the degree of
    culpability, any history of prior offenses, ability to pay, and
    such other matters as justice may require.
    ``(2) Compromise, modification, or remission.--The Secretary
    may compromise, modify, or remit, with or without conditions,
    any civil penalty that is subject to imposition or that has been
    imposed under this section.
    ``(3) Failure to pay penalty.--If any person fails to pay an
    assessment of a civil penalty after it has become final,

    [[Page 4263]]

    the Secretary may refer the matter to the Attorney General of
    the United States, for collection in any appropriate district
    court of the United States.

    ``(b) Criminal Penalty.--
    ``(1) Class d felony.--Any person who willfully and
    knowingly violates subchapters A through C or this subchapter or
    any regulation issued thereunder commits a class D felony.
    ``(2) Class c felony.--Any person who, in the willful and
    knowing violation of subchapters A through C or this subchapter
    or of any regulation issued thereunder, uses a dangerous weapon,
    or engages in conduct that causes bodily injury or fear of
    imminent bodily injury to any officer authorized to enforce the
    provisions of such a subchapter or the regulations issued under
    such subchapter, commits a class C felony.

    ``(c) In Rem Liability.--Any vessel that is used in violation of
    subchapters A, B, or C or this subchapter, or any regulations issued
    under such subchapter, shall be liable in rem for any civil penalty
    assessed pursuant to subsection (a) and may be proceeded against in the
    United States district court for any district in which such vessel may
    be found.
    ``(d) Injunction.--The United States district courts shall have
    jurisdiction to restrain violations of subchapter A, B, or C or this
    subchapter or of regulations issued under such subchapter, for cause
    shown.
    ``(e) Denial of Entry.--Except as provided in section 70021, the
    Secretary may, subject to recognized principles of international law,
    deny entry by any vessel that is not in compliance with subchapter A, B,
    or C or this subchapter or the regulations issued under such
    subchapter--
    ``(1) into the navigable waters of the United States; or
    ``(2) to any port or place under the jurisdiction of the
    United States.

    ``(f) Withholding of Clearance.--
    ``(1) In general.--If any owner, operator, or individual in
    charge of a vessel is liable for a penalty or fine under this
    section, or if reasonable cause exists to believe that the
    owner, operator, or individual in charge may be subject to a
    penalty or fine under this section, the Secretary of the
    Treasury, upon the request of the Secretary, shall with respect
    to such vessel refuse or revoke any clearance required by
    section 60105 of title 46.
    ``(2) Granting clearance refused or revoked.--Clearance
    refused or revoked under this subsection may be granted upon
    filing of a bond or other surety satisfactory to the
    Secretary.''.

    (b) Clerical Amendment.--The analysis at the beginning of such
    subtitle <>  is amended by inserting before
    the item relating to chapter 701 the following:

    ``700. Ports and Waterways Safety..............................70001.''.
    SEC. 402. CONFORMING AMENDMENTS.

    (a) Electronic Charts.--
    (1) Transfer of provision.--Section 4A of the Ports and
    Waterways Safety Act (33 U.S.C. 1223a)--
    (A) is redesignated as section 3105 of title 46,
    United States Code, and transferred to appear after
    section 3104 of that title; and

    [[Page 4264]]

    (B) is amended by striking subsection (b) and
    inserting the following:

    ``(b) Limitation on Application.--Except pursuant to an
    international treaty, convention, or agreement, to which the United
    States is a party, this section shall not apply to any foreign vessel
    that is not destined for, or departing from, a port or place subject to
    the jurisdiction of the United States and that is in--
    ``(1) innocent passage through the territorial sea of the
    United States; or
    ``(2) transit through the navigable waters of the United
    States that form a part of an international strait.''.
    (2) Clerical amendment.--The analysis at the beginning of
    chapter 31 of such title <>  is
    amended by adding at the end the following:

    ``3105. Electronic charts.''.

    (b) Port, Harbor, and Coastal Facility Security.--
    (1) Transfer of provisions.--So much of section 7 of the
    Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes
    subsection (c) of that section is redesignated as section 70116
    of title 46, United States Code, and transferred to section
    70116 of that title.
    (2) Definitions, administration, and enforcement.--Section
    70116 of title 46, United States Code, as amended by paragraph
    (1) of this subsection, is amended by adding at the end the
    following:

    ``(c) Definitions, Administration, and Enforcement.--This section
    shall be treated as part of chapter 700 for purposes of sections 70031,
    70032, 70034, 70035, and 70036.''.
    (3) Clerical amendment.--The analysis at the beginning of
    chapter 701 of such title <>  is
    amended by striking the item relating to section 70116 and
    inserting the following:

    ``70116. Port, harbor, and coastal facility security.''.

    (c) Nondisclosure of Port Security Plans.--Subsection (c) of section
    7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), as so
    designated before the application of subsection (b)(1) of this section--
    (1) is redesignated as subsection (f) of section 70103 of
    title 46, United States Code, and transferred so as to appear
    after subsection (e) of such section; and
    (2) is amended by striking ``this Act'' and inserting ``this
    chapter''.

    (d) Repeal.--Section 2307 of title 46, United States Code, and the
    item relating to that section in the analysis at the beginning of
    chapter 23 of that title <> , are repealed.

    (e) Repeal.--The Ports and Waterways Safety Act (33 U.S.C. 1221-
    1231, 1232-1232b), as amended by this Act, is repealed.
    SEC. 403. <>  TRANSITIONAL AND
    SAVINGS PROVISIONS.

    (a) Definitions.--In this section:
    (1) Source provision.--The term ``source provision'' means a
    provision of law that is replaced by a title 46 provision under
    this title.
    (2) Title 46 provision.--The term ``title 46 provision''
    means a provision of title 46, United States Code, that is
    enacted by section 402.

    [[Page 4265]]

    (b) Cutoff Date.--The title 46 provisions replace certain provisions
    of law enacted before the date of the enactment of this Act. If a law
    enacted after that date amends or repeals a source provision, that law
    is deemed to amend or repeal, as the case may be, the corresponding
    title 46 provision. If a law enacted after that date is otherwise
    inconsistent with a title 46 provision or a provision of this title,
    that law supersedes the title 46 provision or provision of this title to
    the extent of the inconsistency.
    (c) Original Date of Enactment Unchanged.--For purposes of
    determining whether one provision of law supersedes another based on
    enactment later in time, a title 46 provision is deemed to have been
    enacted on the date of enactment of the source provision that the title
    46 provision replaces.
    (d) References to Title 46 Provisions.--A reference to a title 46
    provision, including a reference in a regulation, order, or other law,
    is deemed to refer to the corresponding source provision.
    (e) References to Source Provisions.--A reference to a source
    provision, including a reference in a regulation, order, or other law,
    is deemed to refer to the corresponding title 46 provision.
    (f) Regulations, Orders, and Other Administrative Actions.--A
    regulation, order, or other administrative action in effect under a
    source provision continues in effect under the corresponding title 46
    provision.
    (g) Actions Taken and Offenses Committed.--An action taken or an
    offense committed under a source provision is deemed to have been taken
    or committed under the corresponding title 46 provision.
    SEC. 404. <> RULE OF CONSTRUCTION.

    This title, including the amendments made by this title, is intended
    only to transfer provisions of the Ports and Waterways Safety Act to
    title 46, United States Code, and may not be construed to alter--
    (1) the effect of a provision of the Ports and Waterways
    Safety Act, including any authority or requirement therein;
    (2) a department or agency interpretation with respect to
    the Ports and Waterways Safety Act; or
    (3) a judicial interpretation with respect to the Ports and
    Waterways Safety Act.
    SEC. 405. ADVISORY COMMITTEE: REPEAL.

    Section 18 of the Coast Guard Authorization Act of 1991 (Public Law
    102-241; 105 Stat. 2213) is repealed.
    SEC. 406. REGATTAS AND MARINE PARADES.

    (a) In General.--Chapter 700 of title 46, United States Code, as
    established by section 401 of this Act, is amended by adding at the end
    the following:

    ``SUBCHAPTER V-- <> REGATTAS AND MARINE
    PARADES
    ``Sec. 70041. <>  Regattas and marine parades

    ``(a) In General.--The Commandant of the Coast Guard may issue
    regulations to promote the safety of life on navigable waters during
    regattas or marine parades.
    ``(b) Detail and Use of Vessels.--To enforce regulations issued
    under this section--

    [[Page 4266]]

    ``(1) the Commandant may detail any public vessel in the
    service of the Coast Guard and make use of any private vessel
    tendered gratuitously for that purpose; and
    ``(2) upon the request of the Commandant, the head of any
    other Federal department or agency may enforce the regulations
    by means of any public vessel of such department and any private
    vessel tendered gratuitously for that purpose.

    ``(c) Transfer of Authority.--The authority of the Commandant under
    this section may be transferred by the President for any special
    occasion to the head of another Federal department or agency whenever in
    the President's judgment such transfer is desirable.
    ``(d) Penalties.--
    ``(1) In general.--For any violation of regulations issued
    pursuant to this section the following penalties shall be
    incurred:
    ``(A) A licensed officer shall be liable to
    suspension or revocation of license in the manner
    prescribed by law for incompetency or misconduct.
    ``(B) Any person in charge of the navigation of a
    vessel other than a licensed officer shall be liable to
    a penalty of $5,000.
    ``(C) The owner of a vessel (including any corporate
    officer of a corporation owning the vessel) actually on
    board shall be liable to a penalty of $5,000, unless the
    violation of regulations occurred without the owner's
    knowledge.
    ``(D) Any other person shall be liable to a penalty
    of $2,500.
    ``(2) Mitigation or remission.--The Commandant may mitigate
    or remit any penalty provided for in this subsection in the
    manner prescribed by law for the mitigation or remission of
    penalties for violation of the navigation laws.''.

    (b) Clerical Amendment.--The analysis for chapter 700 of title 46,
    United States Code, as established by section 401 of this
    Act, <>  is amended by adding at the end the
    following:

    ``subchapter e--regattas and marine parades

    ``70041. Regattas and marine parades.''.

    (c) Repeal.--The Act of April 28, 1908 (35 Stat. 69, chapter 151; 33
    U.S.C. 1233 <>  et seq.), is repealed.
    SEC. 407. REGULATION OF VESSELS IN TERRITORIAL WATERS OF UNITED
    STATES.

    (a) Establishment of Subchapter F.--Chapter 700 of title 46, United
    States Code, as established by section 401 of this Act, is amended by
    adding at the end the following:

    ``SUBCHAPTER VI-- <> REGULATION OF VESSELS IN
    TERRITORIAL WATERS OF UNITED STATES
    ``Sec. 70054. <> Definitions

    ``In this subchapter:
    ``(1) United states.--The term `United States' includes all
    territory and waters, continental or insular, subject to the
    jurisdiction of the United States.
    ``(2) Territorial waters.--The term `territorial waters of
    the United States' includes all waters of the territorial sea

    [[Page 4267]]

    of the United States as described in Presidential Proclamation
    5928 of December 27, 1988.''.

    (b) Regulation of Anchorage and Movement of Vessels During National
    Emergency.--Section 1 of title II of the Act of June 15, 1917 (40 Stat.
    220, chapter 30; 50 U.S.C. 191), is amended--
    (1) by striking the section designation and all that follows
    before ``by proclamation'' and inserting the following:
    ``Sec. 70051. <>  Regulation of anchorage and
    movement of vessels during national emergency

    ``Whenever the President'';
    (2) by striking ``of the Treasury'';
    (3) by striking ``of the department in which the Coast Guard
    is operating'';
    (4) by striking ``this title'' and inserting ``this
    subchapter''; and
    (5) by transferring the section so that the section appears
    before section 70054 of title 46, United States Code (as added
    by subsection (a) of this section).

    (c) Seizure and Forfeiture of Vessel; Fine and Imprisonment.--
    Section 2 of title II of the Act of June 15, 1917 (40 Stat. 220, chapter
    30; 50 U.S.C. 192), is amended--
    (1) by striking the section designation and all that follows
    before ``agent,'' and inserting the following:
    ``Sec. 70052. <>  Seizure and forfeiture of
    vessel; fine and imprisonment

    ``(a) In General.--If any owner,'';
    (2) by striking ``this title'' each place it appears and
    inserting ``this subchapter''; and
    (3) by transferring the section so that the section appears
    after section 70051 of title 46, United States Code (as
    transferred by subsection (b) of this section).

    (d) Enforcement Provisions.--Section 4 of title II of the Act of
    June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 194), is amended--
    (1) by striking all before ``may employ'' and inserting the
    following:
    ``Sec. 70053. <>  Enforcement provisions

    ``The President'';
    (2) by striking ``the purpose of this title'' and inserting
    ``this subchapter''; and
    (3) by transferring the section so that the section appears
    after section 70052 of title 46, United States Code (as
    transferred by subsection (c) of this section).

    (e) Clerical Amendment.--The analysis for chapter 700 of title 46,
    United States Code, as established by section 401 of this Act, is
    amended <>  by adding at the end the
    following:

    ``subchapter f--regulation of vessels in territorial waters of united
    states

    ``70051. Regulation of anchorage and movement of vessels during national
    emergency.
    ``70052. Seizure and forfeiture of vessel; fine and imprisonment.
    ``70053. Enforcement provisions.
    ``70054. Definitions.''.

    [[Page 4268]]

    SEC. 408. PORT, HARBOR, AND COASTAL FACILITY SECURITY.

    (a) <>  Transfer of Provisions.--So much of
    section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226) as
    precedes subsection (c) of that section is redesignated as section
    70102a of title 46, United States Code, and transferred so as to appear
    after section 70102 of that title.

    (b) Definitions, Administration, and Enforcement.--Section 70102a of
    title 46, United States Code, as amended by paragraph (1) of this
    subsection, is amended by adding at the end the following:
    ``(c) Definitions, Administration, and Enforcement.--This section
    shall be treated as part of chapter 700 for purposes of sections 70031,
    70032, 70034, 70035, and 70036.''.
    (c) Clerical Amendment.--The analysis at the beginning of chapter
    701 of such title <>  is amended by inserting
    after the item relating to section 70102 the following:

    ``70102a. Port, harbor, and coastal facility security.''.

    (d) Nondisclosure of Port Security Plans.--Subsection (c) of section
    7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), as so
    designated before the application of subsection (b)(1) of this section--
    (1) is redesignated as subsection (f) of section 70103 of
    title 46, United States Code, and transferred so as to appear
    after subsection (e) of such section; and
    (2) is amended by striking ``this Act'' and inserting ``this
    chapter''.

    TITLE V--MARITIME TRANSPORTATION SAFETY

    SEC. 501. CONSISTENCY IN MARINE INSPECTIONS.

    (a) In General.--Section 3305 of title 46, United States Code, is
    amended by adding at the end the following:
    ``(d)(1) The Commandant of the Coast Guard shall ensure that
    Officers in Charge, Marine Inspections consistently interpret
    regulations and standards under this subtitle and chapter 700 to avoid
    disruption and undue expense to industry.
    ``(2)(A) Subject to subparagraph (B), in the event of a disagreement
    regarding the condition of a vessel or the interpretation of a
    regulation or standard referred to in subsection (a) between a local
    Officer in Charge, Marine Inspection conducting an inspection of the
    vessel and the Officer in Charge, Marine Inspection that issued the most
    recent certificate of inspection for the vessel, such Officers shall
    seek to resolve such disagreement.
    ``(B) If a disagreement described in subparagraph (A) involves
    vessel design or plan review, the Coast Guard marine safety center shall
    be included in all efforts to resolve such disagreement.
    ``(C) If a disagreement described in subparagraph (A) or (B) cannot
    be resolved, the local Officer in Charge, Marine Inspection shall submit
    to the Commandant of the Coast Guard, through the cognizant Coast Guard
    district commander, a request for a final agency determination of the
    matter in disagreement.
    ``(3) The Commandant of the Coast Guard shall--
    ``(A) provide to each person affected by a decision or
    action by an Officer in Charge, Marine Inspection or by the
    Coast

    [[Page 4269]]

    Guard marine safety center all information necessary for such
    person to exercise any right to appeal such decision or action;
    and
    ``(B) if such an appeal is filed, process such appeal under
    parts 1 through 4 of title 46, Code of Federal Regulations, as
    in effect on the date of enactment of the Coast Guard
    Authorization Act of 2017.

    ``(4) In this section, the term `Officer in Charge, Marine
    Inspection' means any person from the civilian or military branch of the
    Coast Guard who--
    ``(A) is designated as such by the Commandant; and
    ``(B) under the superintendence and direction of the
    cognizant Coast Guard district commander, is in charge of an
    inspection zone for the performance of duties with respect to
    the inspections under, and enforcement and administration of,
    subtitle II, chapter 700, and regulations under such laws.''.

    (b) Report on Marine Inspector Training.--Not later than 1 year
    after the date of the enactment of this Act, the Commandant of the Coast
    Guard shall submit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives a report on the training,
    experience, and qualifications required for assignment as a marine
    inspector under section 312 of title 14, United States Code, including--
    (1) a description of any continuing education requirement,
    including a specific list of the required courses;
    (2) a description of the training, including a specific list
    of the included courses, offered to a journeyman or an advanced
    journeyman marine inspector to advance inspection expertise;
    (3) a description of any training that was offered in the
    15-year period before the date of the enactment of this Act, but
    is no longer required or offered, including a specific list of
    the included courses, including the senior marine inspector
    course and any plan review courses;
    (4) a justification for why a course described in paragraph
    (3) is no longer required or offered; and
    (5) a list of the course content the Commandant considers
    necessary to promote consistency among marine inspectors in an
    environment of increasingly complex vessels and vessel systems.
    SEC. 502. UNINSPECTED PASSENGER VESSELS IN ST. LOUIS COUNTY,
    MINNESOTA.

    Section 4105 of title 46, United States Code, amended--
    (1) by redesignating subsection (c) as subsection (d); and
    (2) by inserting after subsection (b) the following:

    ``(c) In applying this title with respect to an uninspected vessel
    of less than 25 feet overall in length that carries passengers on Crane
    Lake or waters contiguous to such lake in St. Louis County, Minnesota,
    the Secretary shall substitute `12 passengers' for `6 passengers' each
    place it appears in section 2101(51).''.
    SEC. 503. ENGINE CUT-OFF SWITCH REQUIREMENTS.

    (a) In General.--Chapter 43 of title 46, United States Code, is
    amended by adding at the end the following:

    [[Page 4270]]

    ``Sec. 4312. <> Engine cut-off switches

    ``(a) Installation Requirement.--A manufacturer, distributor, or
    dealer that installs propulsion machinery and associated starting
    controls on a covered recreational vessel shall equip such vessel with
    an engine cut-off switch and engine cut-off switch link that meet
    American Boat and Yacht Council Standard A-33, as in effect on the date
    of the enactment of the Coast Guard Authorization Act of 2017.
    ``(b) Education on Cut-off Switches.--The Commandant of the Coast
    Guard, through the National Boating Safety Advisory Committee
    established under section 15105, may initiate a boating safety program
    on the use and benefits of cut-off switches for recreational vessels.
    ``(c) Availability of Standard for Inspection.--
    ``(1) In general.--Not later than 90 days after the date of
    the enactment of this section, the Commandant shall transmit
    American Boat and Yacht Council Standard A-33, as in effect on
    the date of enactment of the Coast Guard Authorization Act of
    2017, to--
    ``(A) the Committee on Transportation and
    Infrastructure of the House of Representatives;
    ``(B) the Committee on Commerce, Science, and
    Transportation of the Senate; and
    ``(C) the Coast Guard Office of Design and
    Engineering Standards; and
    ``(D) the National Archives and Records
    Administration.
    ``(2) Availability.--The standard submitted under paragraph
    (1) shall be kept on file and available for public inspection at
    such Coast Guard office and the National Archives and Records
    Administration.

    ``(d) Definitions.--In this section:
    ``(1) Covered recreational vessel.--The term `covered
    recreational vessel' means a recreational vessel that is--
    ``(A) less than 26 feet overall in length; and
    ``(B) capable of developing 115 pounds or more of
    static thrust.
    ``(2) Dealer.--The term `dealer' means any person who is
    engaged in the sale and distribution of recreational vessels or
    associated equipment to purchasers whom the seller in good faith
    believes to be purchasing any such vessel or associated
    equipment for purposes other than resale.
    ``(3) Distributor.--The term `distributor' means any person
    engaged in the sale and distribution of recreational vessels and
    associated equipment for the purposes of resale.
    ``(4) Manufacturer.--The term `equipment manufacturer' means
    any person engaged in the manufacture, construction, or assembly
    of recreational vessels or associated equipment, or the
    importation of recreational vessels into the United States for
    subsequent sale.
    ``(5) Propulsion machinery.--The term `propulsion machinery'
    means a self-contained propulsion system, and includes, but is
    not limited to, inboard engines, outboard motors, and sterndrive
    engines.
    ``(6) Static thrust.--The term `static thrust' means the
    forward or backwards thrust developed by propulsion machinery
    while stationary.''.

    [[Page 4271]]

    (b) Clerical Amendment.--The analysis at the beginning of such
    chapter <> is amended by adding at the end the
    following:

    ``4312. Engine cut-off switches.''.

    (c) <> Effective Date.--Section 4312 of
    title 46, United States Code, as amended by this section, shall take
    effect one year after the date of the enactment of this Act.
    SEC. 504. EXCEPTION FROM SURVIVAL CRAFT REQUIREMENTS.

    Section 4502(b) of title 46, United States Code, is amended--
    (1) in paragraph (2)(B), by striking ``a survival craft''
    and inserting ``subject to paragraph (3), a survival craft'';
    (2) by adding at the end the following:
    ``(3) Except for a nonapplicable vessel, an auxiliary craft
    shall satisfy the equipment requirement under paragraph (2)(B)
    if such craft is--
    ``(A) necessary for normal fishing operations;
    ``(B) readily accessible during an emergency; and
    ``(C) capable, in accordance with the Coast Guard
    capacity rating, when applicable, of safely holding all
    individuals on board the vessel to which the craft
    functions as an auxiliary.''; and
    (3) by adding at the end the following:

    ``(k) For the purposes of this section, the term `auxiliary craft'
    means a vessel that is carried onboard a fishing vessel and is normally
    used to support fishing operations.''.
    SEC. 505. SAFETY STANDARDS.

    Section 4502(f) of title 46, United States Code, is amended by
    striking paragraphs (2) and (3) and inserting the following:
    ``(2) shall examine at dockside a vessel described in
    subsection (b) at least once every 5 years, but may require an
    exam at dockside every 2 years for certain vessels described in
    subsection (b) if requested by the owner or operator; and
    ``(3) shall issue a certificate of compliance to a vessel
    meeting the requirements of this chapter and satisfying the
    requirements in paragraph (2).''.
    SEC. 506. FISHING SAFETY GRANTS.

    Section 4502 of title 46, United States Code, is amended--
    (1) in subsections (i) and (j), by striking ``Secretary''
    each place it appears and inserting ``Secretary of Health and
    Human Services'';
    (2) in subsection (i)(2), as amended by paragraph (1), by
    inserting ``, in consultation with and based on criteria
    established by the Commandant of the Coast Guard'' after
    ``Health and Human Services'';
    (3) in subsection (i)(3), by striking ``75'' and inserting
    ``50'';
    (4) in subsection (i)(4), by striking ``$3,000,000 for each
    of fiscal years 2015 through 2017'' and inserting ``$3,000,000
    for each of fiscal years 2018 through 2019'';
    (5) in subsection (j)(2), as amended by paragraph (1), by
    inserting ``, in consultation with and based on criteria
    established by the Commandant of the Coast Guard,'' after
    ``Health and Human Services'';
    (6) in subsection (j)(3), by striking ``75'' and inserting
    ``50''; and

    [[Page 4272]]

    (7) in subsection (j)(4), by striking ``$3,000,000 for each
    fiscal years 2015 through 2017'' and inserting ``$3,000,000 for
    each of fiscal years 2018 through 2019''.
    SEC. 507. FISHING, FISH TENDER, AND FISH PROCESSING VESSEL
    CERTIFICATION.

    (a) Nonapplication.--Section 4503(c)(2)(A) of title 46, United
    States Code, is amended by striking ``79'' and inserting ``180''.
    (b) Determining When Keel Is Laid.--Section 4503(f) of title 46,
    United States Code, as redesignated by section 508 of this Act, is
    further amended to read as follows:
    ``(f)(1) For purposes of this section and section 4503a, the term
    `built' means, with respect to a vessel, that the vessel's construction
    has reached any of the following stages:
    ``(A) The vessel's keel is laid.
    ``(B) Construction identifiable with the vessel has begun
    and assembly of that vessel has commenced comprising of at least
    50 metric tons or one percent of the estimated mass of all
    structural material, whichever is less.

    ``(2) In the case of a vessel greater than 79 feet overall in
    length, for purposes of paragraph (1)(A) a keel is deemed to be laid
    when a marine surveyor affirms that a structure adequate for serving as
    a keel for such vessel is in place and identified for use in the
    construction of such vessel.''.
    SEC. 508. DEADLINE FOR COMPLIANCE WITH ALTERNATE SAFETY COMPLIANCE
    PROGRAM.

    (a) <>  In General.--Section 4503(d) of title
    46, United States Code, is redesignated as section 4503a and transferred
    to appear after section 4503 of such title.

    (b) Fishing, Fish Tender, and Fish Processing Vessel
    Certification.--Section 4503 of title 46, United States Code, is
    amended--
    (1) by redesignating subsections (e), (f), and (g) as
    subsections (d), (e), and (f), respectively;
    (2) in subsection (b), by striking ``subsection (d)'' and
    inserting ``section 4503a'';
    (3) in subsection (c)(2)(B)(ii)(I), by striking ``subsection
    (e)'' and inserting ``subsection (d)'';
    (4) in subsection (c)(2)(B)(ii)(II), by striking
    ``subsection (f)'' and inserting ``subsection (e)'';
    (5) in subsection (e)(1), as amended by paragraph (1) of
    this subsection, by striking ``subsection (e)'' each place it
    appears and inserting ``subsection (d)''; and
    (6) in subsection (e)(2), as amended by paragraph (1) of
    this subsection, by striking ``subsection (e)'' each place it
    appears and inserting ``subsection (d)'';

    (c) Alternate Safety Compliance Program.--Section 4503a of title 46,
    United States Code, as redesignated and transferred by subsection (a) of
    this section, is amended--
    (1) by redesignating paragraphs (1), (2), (3), (4), and (5)
    as subsections (a), (b), (c), (d), and (e), respectively;
    (2) by inserting before subsection (a), as so redesignated,
    the following:
    ``Sec. 4503a. Alternate safety compliance program'';
    (3) in subsection (a), as redesignated by paragraph (1) of
    this subsection, by striking ``After January 1, 2020,'' and

    [[Page 4273]]

    all that follows through ``the Secretary, if'' and inserting
    ``Subject to subsection (c), beginning on the date that is 3
    years after the date that the Secretary prescribes an alternate
    safety compliance program, a fishing vessel, fish processing
    vessel, or fish tender vessel to which section 4502(b) of this
    title applies shall comply with such an alternate safety
    compliance program, if'';
    (4) in subsection (a), as so redesignated, by redesignating
    subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3),
    respectively;
    (5) in subsection (b), as so redesignated, by striking
    ``establishes standards for an alternate safety compliance
    program, shall comply with such an alternative safety compliance
    program that is developed in cooperation with the commercial
    fishing industry and prescribed by the Secretary'' and inserting
    ``prescribes an alternate safety compliance program under
    subsection (a), shall comply with such an alternate safety
    compliance program'';
    (6) by amending subsection (c), as so redesignated, to read
    as follows:

    ``(c) For purposes of subsection (a), a separate alternate safety
    compliance program may be developed for a specific region or specific
    fishery.'';
    (7) in subsection (d), as so redesignated--
    (A) by striking ``paragraph (1)'' and inserting
    ``subsection (a)''; and
    (B) by striking ``that paragraph'' each place it
    appears and inserting ``that subsection'';
    (8) in subsection (e), as so redesignated, by--
    (A) inserting ``is not eligible to participate in an
    alternative safety compliance program prescribed under
    subsection (a) and'' after ``July 1, 2012''; and
    (B) redesignating subparagraphs (A) and (B) as
    paragraphs (1) and (2), respectively;
    (9) by adding at the end the following:

    ``(f) For the purposes of this section, the term `built' has the
    meaning given that term in section 4503(f).''.
    (d) Clerical Amendment.--The analysis at the beginning of chapter 45
    of such title <>  is amended by inserting
    after the item relating to section 4503 the following

    ``4503a. Alternate safety compliance program.''.

    (e) Conforming Amendment.--Section 3104 of title 46, United States
    Code, is amended by striking ``section 4503(e)'' and inserting ``section
    4503(d)''.
    (f) <>  Final Rule.--Not later than 1 year
    after the date of enactment of this Act, the Secretary of the department
    in which the Coast Guard is operating shall issue a final rule
    implementing the requirements enumerated in section 4503(d) of title 46,
    as amended by subsection (b)(1) of this section.

    (g) Alternate Safety Compliance Program Status Report.--
    (1) In general.--Not later than January 1, 2020, the
    Secretary of the department in which the Coast Guard is
    operating shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee
    on Commerce, Science, and Transportation of the Senate a

    [[Page 4274]]

    report on the status of the development of the alternate safety
    compliance program directed by section 4503a of title 46, United
    States Code, as redesignated by subsection (c).
    (2) Contents.--The report required under paragraph (1) shall
    include discussion of--
    (A) steps taken in the rulemaking process to
    establish the alternate safety compliance program;
    (B) communication and collaboration between the
    Coast Guard, the department in which the Coast Guard is
    operating, and the commercial fishing vessel industry
    regarding the development of the alternate safety
    compliance program;
    (C) consideration given to developing alternate
    safety compliance programs for specific regions and
    fisheries, as authorized in section 4503a(c) of such
    title, as redesignated by subsection (c);
    (D) any identified legislative changes necessary to
    implement an effective alternate safety compliance
    program; and
    (E) the timeline and planned actions that will be
    taken to implement regulations necessary to fully
    establish an alternate safety compliance program before
    January 1, 2020.
    SEC. 509. TERMINATION OF UNSAFE OPERATIONS; TECHNICAL CORRECTION.

    Section 4505(2) of title 46, United States Code, is amended--
    (1) by striking ``4503(1)'' and inserting ``4503(a)(2)'';
    and
    (2) by inserting before the period the following: ``, except
    that this paragraph shall not apply with respect to a vessel to
    which section 4503a applies''.
    SEC. 510. TECHNICAL CORRECTIONS: LICENSES, CERTIFICATES OF
    REGISTRY, AND MERCHANT MARINER DOCUMENTS.

    Title 46, United States Code, is amended--
    (1) in section 7106(b), by striking ``merchant mariner's
    document,'' and inserting ``license,'';
    (2) in section 7107(b), by striking ``merchant mariner's
    document,'' and inserting ``certificate of registry,'';
    (3) in section 7507(b)(1), by striking ``licenses or
    certificates of registry'' and inserting ``merchant mariner
    documents''; and
    (4) in section 7507(b)(2) by striking ``merchant mariner's
    document.'' and inserting ``license or certificate of
    registry.''.
    SEC. 511. CLARIFICATION OF LOGBOOK ENTRIES.

    (a) In General.--Section 11304 of title 46, United States Code, is
    amended--
    (1) in subsection (a), by striking ``an official logbook,
    which'' and inserting ``a logbook, which may be in any form,
    including electronic, and''; and
    (2) in subsection (b), by amending paragraph (3) to read as
    follows:
    ``(3) Each illness of, and injury to, a seaman of the
    vessel, the nature of the illness or injury, and the medical
    treatment provided for the injury or illness.''.

    (b) Technical Amendment.--Section 11304(b) is amended by striking
    ``log book'' and inserting ``logbook''.

    [[Page 4275]]

    SEC. 512. CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL VESSELS.

    Section 12105 of title 46, United States Code, is amended by adding
    at the end the following:
    ``(e) Effective Period.--
    ``(1) In general.--Except as provided in paragraphs (2) and
    (3), a certificate of documentation issued under this part is
    valid for a 1-year period and may be renewed for additional 1-
    year periods.
    ``(2) Recreational vessels.--
    ``(A) In general.--A certificate of documentation
    for a recreational vessel and the renewal of such a
    certificate shall be effective for a 5-year period.
    ``(B) Phase-in period.--During the period beginning
    January 1, 2019, and ending December 31, 2021, the owner
    or operator of a recreational vessel may choose a period
    of effectiveness of between 1 and 5 years for such a
    certificate of documentation for such vessel or the
    renewal thereof.
    ``(C) Fees.--
    ``(i) Requirement.--The Secretary shall assess
    and collect a fee--
    ``(I) for the issuance of a
    certificate of documentation for a
    recreational vessel that is equivalent
    to the fee established for the issuance
    of a certificate of documentation under
    section 2110; and
    ``(II) for the renewal of a
    certificate of documentation for a
    recreational vessel that is equivalent
    to the number of years of effectiveness
    of the certificate of documentation
    multiplied by the fee established for
    the renewal of a certificate of
    documentation under section 2110.
    ``(ii) Treatment.--Fees collected under this
    subsection--
    ``(I) shall be credited to the
    account from which the costs of such
    issuance or renewal were paid; and
    ``(II) may remain available until
    expended.
    ``(3) Notice of change in information.--
    ``(A) Requirement.--The owner of a vessel shall
    notify the Coast Guard of each change in the information
    on which the issuance of the certificate of
    documentation for the vessel is based that occurs before
    the expiration of the certificate under this subsection,
    by not later than 30 days after such change.
    ``(B) Termination of certificate.--The certificate
    of documentation for a vessel shall terminate upon the
    expiration of such 30-day period if the owner has not
    notified the Coast Guard of such change before the end
    of such period.
    ``(4) State and local authority to remove abandoned and
    derelict vessels.--Nothing in this section shall be construed to
    limit the authority of a State or local authority from taking
    action to remove an abandoned or derelict vessel.''.

    [[Page 4276]]

    SEC. 513. NUMBERING FOR UNDOCUMENTED BARGES.

    Section 12301(b) of title 46, United States Code, is amended--
    (1) by striking ``shall'' and inserting ``may''; and
    (2) by inserting ``of'' after ``barge''.
    SEC. 514. <>  BACKUP NATIONAL TIMING SYSTEM.

    (a) <>  Short Title.--This section may be
    cited as the ``National Timing Resilience and Security Act of 2018''.

    (b) In General.--Chapter 30 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 312. <>  Alternative timing system

    ``(a) In General.--Subject to the availability of appropriations,
    the Secretary of Transportation shall provide for the establishment,
    sustainment, and operation of a land-based, resilient, and reliable
    alternative timing system--
    ``(1) to reduce critical dependencies and provide a
    complement to and backup for the timing component of the Global
    Positioning System (referred to in this section as `GPS'); and
    ``(2) to ensure the availability of uncorrupted and non-
    degraded timing signals for military and civilian users in the
    event that GPS timing signals are corrupted, degraded,
    unreliable, or otherwise unavailable.

    ``(b) Establishment of Requirements.--
    ``(1) In general.--Not later than 180 days after the date of
    enactment of the National Timing Resilience and Security Act of
    2018, the Secretary of Transportation shall establish
    requirements for the procurement of the system required by
    subsection (a) as a complement to and backup for the timing
    component of GPS in accordance with the timing requirements
    study required by section 1618 of the National Defense
    Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
    Stat. 2595).
    ``(2) Requirements.--The Secretary of Transportation shall
    ensure, to the maximum extent practicable, that the system
    established under subsection (a) will--
    ``(A) be wireless;
    ``(B) be terrestrial;
    ``(C) provide wide-area coverage;
    ``(D) be synchronized with coordinated universal
    time;
    ``(E) be resilient and extremely difficult to
    disrupt or degrade;
    ``(F) be able to penetrate underground and inside
    buildings;
    ``(G) be capable of deployment to remote locations;
    ``(H) be developed, constructed, and operated
    incorporating applicable private sector expertise;
    ``(I) work in concert with and complement any other
    similar positioning, navigation, and timing systems,
    including enhanced long-range navigation systems and
    Nationwide Differential GPS systems;
    ``(J) be available for use by Federal and non-
    Federal government agencies for public purposes at no
    net cost to the Federal Government within 10 years of
    initiation of operation;
    ``(K) be capable of adaptation and expansion to
    provide position and navigation capabilities;

    [[Page 4277]]

    ``(L) incorporate the recommendations from any GPS
    back-up demonstration program initiated and completed by
    the Secretary, in coordination with other Federal
    agencies, before the date specified in subsection
    (c)(1); and
    ``(M) incorporate such other elements as the
    Secretary considers appropriate.

    ``(c) Implementation Plan.--
    ``(1) Plan required.--Not later than 180 days after the date
    of enactment of the National Timing Resilience and Security Act
    of 2018, the Secretary of Transportation shall submit to the
    Committee on Commerce, Science, and Transportation of the Senate
    and the Committee on Transportation and Infrastructure of the
    House of Representatives a report setting forth the following:
    ``(A) A plan to develop, construct, and operate the
    system required by subsection (a).
    ``(B) A description and assessment of the advantages
    of a system to provide a follow-on complementary and
    backup positioning and navigation capability to the
    timing component of GPS.
    ``(2) Deadline for commencement of operation.--The system
    required by subsection (a) shall be in operation by not later
    than 2 years after the date of enactment of the National Timing
    Resilience and Security Act of 2018.
    ``(3) Minimum duration of operational capability.--The
    system required by subsection (a) shall be designed to be fully
    operational for not less than 20 years.

    ``(d) LORAN Facilities.--
    ``(1) In general.--If the Secretary of Transportation
    determines that any LORAN infrastructure, including the
    underlying real property and any spectrum associated with LORAN,
    in the possession of the Coast Guard is required by the
    Department of Transportation for the purpose of establishing the
    system required by subsection (a), the Commandant shall transfer
    such property, spectrum, and equipment to the Secretary.
    ``(2) CERCLA not affected.--This subsection shall not be
    construed to limit the application of or otherwise affect
    section 120(h) of the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) with
    respect to the Federal Government facilities described in
    paragraph (1).

    ``(e) Cooperative Agreement.--
    ``(1) In general.--The Secretary of Transportation may enter
    into a cooperative agreement (as that term is described in
    section 6305 of title 31) with an entity upon such terms and
    conditions as the Secretary of Transportation determines will
    fulfill the purpose and requirements of this section and be in
    the public interest.
    ``(2) Requirements.--The cooperative agreement under
    paragraph (1) shall, at a minimum, require the Secretary of
    Transportation to--
    ``(A) authorize the entity to sell timing and other
    services to commercial and non-commercial third parties,
    subject to any national security requirements determined
    by the Secretary, in consultation with the Secretary of
    Defense;

    [[Page 4278]]

    ``(B) require the entity to develop, construct, and
    operate at private expense the backup timing system in
    accordance with this section;
    ``(C) allow the entity to make any investments in
    technologies necessary over the life of such agreement
    to meet future requirements for advanced timing
    resilience and technologies;
    ``(D) require the entity to share 25 percent of the
    gross proceeds received by the entity from the sale of
    timing services to third parties with the Secretary for
    at least 10 years after the date upon which the
    Secretary enters into the cooperative agreement;
    ``(E) require the entity--
    ``(i) to assume all financial risk for the
    completion and operational capability of the
    system, after the Secretary provides any LORAN
    facilities necessary for the system under
    subsection (d), if required for the alternative
    timing system; and
    ``(ii) to furnish performance and payment
    bonds in connection with the system in a
    reasonable amount as determined by the Secretary;
    and
    ``(F) require the entity to make any investments in
    technologies necessary over the life of the agreement to
    meet future requirements for advanced timing resiliency.
    ``(3) Competition required.--The Secretary shall use
    competitive procedures similar to those authorized under section
    2667 of title 10 in selecting an entity to enter into a
    cooperative agreement pursuant to this subsection.
    ``(4) Authorization to purchase services.--The Secretary may
    not purchase timing system services from the entity for use by
    the Department of Transportation or for provision to other
    Federal and non-Federal governmental agencies until the system
    achieves operational status, and then only if the necessary
    funds for such purchases are provided for in subsequent yearly
    appropriations acts made available to the Secretary for each and
    every year in which such purchases are made.
    ``(5) Determination requirement.--The Secretary may not
    enter into a cooperative agreement under this subsection unless
    the Secretary determines that the cooperative agreement is in
    the best financial interest of the Federal Government. The
    Secretary shall notify the Committee on Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of
    Representatives of such determination not later than 30 days
    after the date of the determination.
    ``(6) Definition.--In this subsection the term `entity'
    means a non-Federal entity with the demonstrated technical
    expertise and requisite administrative and financial resources
    to meet any terms and conditions established by the Secretary
    for purposes of this subsection.''.

    (c) Table of Contents.--The table of contents for chapter 3 of title
    49, United States Code <> , is amended by
    adding at the end the following:

    ``312. Alternative timing system.''.

    [[Page 4279]]

    SEC. 515. SCIENTIFIC PERSONNEL.

    Section 2101(41) of title 46, United States Code, is amended--
    (1) by inserting ``(A) Subject to subparagraph (B),'' before
    the text; and
    (2) by adding at the end the following:
    ``(B)(i) Such term includes an individual who is on board an
    oceanographic research vessel only to--
    ``(I) engage in scientific research;
    ``(II) instruct in oceanography or limnology; or
    ``(III) receive instruction in oceanography or
    limnology.
    ``(ii) For purposes of clause (i), the age of an individual
    may not be considered in determining whether the individual is
    described in such clause.''.
    SEC. 516. TRANSPARENCY.

    (a) <>  In General.--The Commandant
    of the Coast Guard shall publish any letter of determination issued by
    the Coast Guard National Vessel Documentation Center after the date of
    the enactment of this Act on the National Vessel Documentation Center
    website not later than 30 days after the date of issuance of such letter
    of determination.

    (b) Audit.--
    (1) In general.--The Comptroller General of the United
    States shall conduct an audit, the results of which shall be
    made publicly available, of--
    (A) the method or process by which the Coast Guard
    National Vessel Documentation Center develops policy for
    and documents compliance with the requirements of
    section 67.97 of title 46, Code of Federal Regulations,
    for the purpose of issuing endorsements under section
    12112 and 12113 of title 46, United States Code;
    (B) the coordination between the Coast Guard and
    U.S. Customs and Border Protection with respect to the
    enforcement of such requirements; and
    (C) the extent to which the Secretary of the
    department in which the Coast Guard is operating and the
    Secretary of Transportation, through the Maritime
    Administration, have published and disseminated
    information to promote compliance with applicable vessel
    construction requirements.
    (2) Report.--Not later than 90 days after the audit under
    paragraph (1) is complete, the Comptroller General of the United
    States shall submit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation
    and Infrastructure of the House of Representatives a report
    regarding the results of and recommendations made pursuant to
    such audit.

    (c) Outline.--Not later than 180 days after the date of the
    submission of the Comptroller General of the United States report
    required under subsection (b), the Commandant of the Coast Guard shall
    submit to the Committee on Commerce, Science, and Transportation of the
    Senate and the Committee on Transportation and Infrastructure of the
    House of Representatives an outline of plans--
    (1) to enhance the transparency of the documentation
    process, and communications with the maritime industry regarding
    such process over the next 5 years; and

    [[Page 4280]]

    (2) to implement the recommendations made by the Comptroller
    General of the United States in the report required under
    subsection (b)(2).

    TITLE VI--ADVISORY COMMITTEES

    SEC. 601. NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES.

    (a) In General.--Subtitle II of title 46, United States Code, is
    amended by adding at the end the following:

    ``PART K-- <> NATIONAL MARITIME
    TRANSPORTATION ADVISORY COMMITTEES

    ``CHAPTER 151-- <> NATIONAL MARITIME
    TRANSPORTATION ADVISORY COMMITTEES

    ``Sec.
    ``15101. National Chemical Transportation Safety Advisory Committee.
    ``15102. National Commercial Fishing Safety Advisory Committee.
    ``15103. National Merchant Marine Personnel Advisory Committee.
    ``15104. National Merchant Mariner Medical Advisory Committee.
    ``15105. National Boating Safety Advisory Committee.
    ``15106. National Offshore Safety Advisory Committee.
    ``15107. National Navigation Safety Advisory Committee.
    ``15108. National Towing Safety Advisory Committee.
    ``15109. Administration.

    ``Sec. 15101. <>  National Chemical
    Transportation Safety Advisory Committee

    ``(a) Establishment.--There is established a National Chemical
    Transportation Safety Advisory Committee (in this section referred to as
    the `Committee').
    ``(b) Function.--The Committee shall advise the Secretary on matters
    relating to the safe and secure marine transportation of hazardous
    materials.
    ``(c) Membership.--
    ``(1) In general.--The Committee shall consist of not more
    than 25 members appointed by the Secretary in accordance with
    this section and section 15109 of this chapter.
    ``(2) Expertise.--Each member of the Committee shall have
    particular expertise, knowledge, and experience in matters
    relating to the function of the Committee.
    ``(3) Representation.--Each member of the Committee shall
    represent 1 of the following:
    ``(A) Chemical manufacturing entities.
    ``(B) Entities related to marine handling or
    transportation of chemicals.
    ``(C) Vessel design and construction entities.
    ``(D) Marine safety or security entities.
    ``(E) Marine environmental protection entities.
    ``(4) Distribution.--The Secretary shall, based on the needs
    of the Coast Guard, determine the number of members of the
    Committee who represent each entity specified in paragraph (3).
    Neither this paragraph nor any other provision of law shall be
    construed to require an equal distribution of members
    representing each entity specified in paragraph (3).

    [[Page 4281]]

    ``Sec. 15102. <>  National Commercial Fishing
    Safety Advisory Committee

    ``(a) Establishment.--There is established a National Commercial
    Fishing Safety Advisory Committee (in this section referred to as the
    `Committee').
    ``(b) Function.--The Committee shall--
    ``(1) advise the Secretary on matters relating to the safe
    operation of vessels to which chapter 45 of this title applies,
    including the matters of--
    ``(A) navigation safety;
    ``(B) safety equipment and procedures;
    ``(C) marine insurance;
    ``(D) vessel design, construction, maintenance, and
    operation; and
    ``(E) personnel qualifications and training; and
    ``(2) review regulations proposed under chapter 45 of this
    title (during preparation of the regulations).

    ``(c) Membership.--
    ``(1) In general.--The Committee shall consist of 18 members
    appointed by the Secretary in accordance with this section and
    section 15109 of this chapter.
    ``(2) Expertise.--Each member of the Committee shall have
    particular expertise, knowledge, and experience in matters
    relating to the function of the Committee.
    ``(3) Representation.--Members of the Committee shall be
    appointed as follows:
    ``(A) 10 members shall represent the commercial
    fishing industry and--
    ``(i) as a group, shall together reflect a
    regional and representational balance; and
    ``(ii) as individuals, shall each have
    experience--
    ``(I) in the operation of vessels to
    which chapter 45 of this title applies;
    or
    ``(II) as a crew member or
    processing line worker on a fish
    processing vessel.
    ``(B) 1 member shall represent naval architects and
    marine engineers.
    ``(C) 1 member shall represent manufacturers of
    equipment for vessels to which chapter 45 of this title
    applies.
    ``(D) 1 member shall represent education and
    training professionals related to fishing vessel, fish
    processing vessel, and fish tender vessel safety and
    personnel qualifications.
    ``(E) 1 member shall represent underwriters that
    insure vessels to which chapter 45 of this title
    applies.
    ``(F) 1 member shall represent owners of vessels to
    which chapter 45 of this title applies.
    ``(G) 3 members shall represent the general public
    and, to the extent possible, shall include--
    ``(i) an independent expert or consultant in
    maritime safety;
    ``(ii) a marine surveyor who provides services
    to vessels to which chapter 45 of this title
    applies; and
    ``(iii) a person familiar with issues
    affecting fishing communities and the families of
    fishermen.

    [[Page 4282]]

    ``Sec. 15103. <>  National Merchant Marine
    Personnel Advisory Committee

    ``(a) Establishment.--There is established a National Merchant
    Marine Personnel Advisory Committee (in this section referred to as the
    `Committee').
    ``(b) Function.--The Committee shall advise the Secretary on matters
    relating to personnel in the United States merchant marine, including
    the training, qualifications, certification, documentation, and fitness
    of mariners.
    ``(c) Membership.--
    ``(1) In general.--The Committee shall consist of 19 members
    appointed by the Secretary in accordance with this section and
    section 15109 of this chapter.
    ``(2) Expertise.--Each member of the Committee shall have
    particular expertise, knowledge, and experience in matters
    relating to the function of the Committee.
    ``(3) Representation.--Members of the Committee shall be
    appointed as follows:
    ``(A) 9 members shall represent mariners and, of the
    9--
    ``(i) each shall--
    ``(I) be a citizen of the United
    States; and
    ``(II) hold an active license or
    certificate issued under chapter 71 of
    this title or a merchant mariner
    document issued under chapter 73 of this
    title;
    ``(ii) 3 shall be deck officers who represent
    merchant marine deck officers and, of the 3--
    ``(I) 2 shall be licensed for oceans
    any gross tons;
    ``(II) 1 shall be licensed for
    inland river route with a limited or
    unlimited tonnage;
    ``(III) 2 shall have a master's
    license or a master of towing vessels
    license;
    ``(IV) 1 shall have significant
    tanker experience; and
    ``(V) to the extent practicable--
    ``(aa) 1 shall represent
    labor; and
    ``(bb) 1 shall represent
    management;
    ``(iii) 3 shall be engineering officers who
    represent merchant marine engineering officers
    and, of the 3--
    ``(I) 2 shall be licensed as chief
    engineer any horsepower;
    ``(II) 1 shall be licensed as either
    a limited chief engineer or a designated
    duty engineer; and
    ``(III) to the extent practicable--
    ``(aa) 1 shall represent
    labor; and
    ``(bb) 1 shall represent
    management;
    ``(iv) 2 shall be unlicensed seamen who
    represent merchant marine unlicensed seaman and,
    of the 2--
    ``(I) 1 shall represent able-bodied
    seamen; and
    ``(II) 1 shall represent qualified
    members of the engine department; and
    ``(v) 1 shall be a pilot who represents
    merchant marine pilots.
    ``(B) 6 members shall represent marine educators
    and, of the 6--

    [[Page 4283]]

    ``(i) 3 shall be marine educators who
    represent maritime academies and, of the 3--
    ``(I) 2 shall represent State
    maritime academies (and are jointly
    recommended by such academies); and
    ``(II) 1 shall represent either
    State maritime academies or the United
    States Merchant Marine Academy; and
    ``(ii) 3 shall be marine educators who
    represent other maritime training institutions
    and, of the 3, 1 shall represent the small vessel
    industry.
    ``(C) 2 members shall represent shipping companies
    employed in ship operation management.
    ``(D) 2 members shall represent the general public.
    ``Sec. 15104. <>  National Merchant Mariner
    Medical Advisory Committee

    ``(a) Establishment.--There is established a National Merchant
    Mariner Medical Advisory Committee (in this section referred to as the
    `Committee').
    ``(b) Function.--The Committee shall advise the Secretary on matters
    relating to--
    ``(1) medical certification determinations for the issuance
    of licenses, certification of registry, and merchant mariners'
    documents with respect to merchant mariners;
    ``(2) medical standards and guidelines for the physical
    qualifications of operators of commercial vessels;
    ``(3) medical examiner education; and
    ``(4) medical research.

    ``(c) Membership.--
    ``(1) In general.--The Committee shall consist of 14 members
    appointed by the Secretary in accordance with this section and
    section 15109 of this chapter.
    ``(2) Expertise.--Each member of the Committee shall have
    particular expertise, knowledge, and experience in matters
    relating to the function of the Committee.
    ``(3) Representation.--Members of the Committee shall be
    appointed as follows:
    ``(A) 9 shall represent health-care professionals
    and have particular expertise, knowledge, and experience
    regarding the medical examinations of merchant mariners
    or occupational medicine.
    ``(B) 5 shall represent professional mariners and
    have particular expertise, knowledge, and experience in
    occupational requirements for mariners.
    ``Sec. 15105. <>  National Boating Safety
    Advisory Committee

    ``(a) Establishment.--There is established a National Boating Safety
    Advisory Committee (in this section referred to as the `Committee').
    ``(b) Function.--The Committee shall advise the Secretary on matters
    relating to national boating safety.
    ``(c) Membership.--
    ``(1) In general.--The Committee shall consist of 21 members
    appointed by the Secretary in accordance with this section and
    section 15109 of this chapter.

    [[Page 4284]]

    ``(2) Expertise.--Each member of the Committee shall have
    particular expertise, knowledge, and experience in matters
    relating to the function of the Committee.
    ``(3) Representation.--Members of the Committee shall be
    appointed as follows:
    ``(A) 7 members shall represent State officials
    responsible for State boating safety programs.
    ``(B) 7 members shall represent recreational vessel
    and associated equipment manufacturers.
    ``(C) 7 members shall represent the general public
    or national recreational boating organizations and, of
    the 7, at least 5 shall represent national recreational
    boating organizations.
    ``Sec. 15106. <>  National Offshore Safety
    Advisory Committee

    ``(a) Establishment.--There is established a National Offshore
    Safety Advisory Committee (in this section referred to as the
    `Committee').
    ``(b) Function.--The Committee shall advise the Secretary on matters
    relating to activities directly involved with, or in support of, the
    exploration of offshore mineral and energy resources, to the extent that
    such matters are within the jurisdiction of the Coast Guard.
    ``(c) Membership.--
    ``(1) In general.--The Committee shall consist of 15 members
    appointed by the Secretary in accordance with this section and
    section 15109 of this chapter.
    ``(2) Expertise.--Each member of the Committee shall have
    particular expertise, knowledge, and experience in matters
    relating to the function of the Committee.
    ``(3) Representation.--Members of the Committee shall be
    appointed as follows:
    ``(A) 2 members shall represent entities engaged in
    the production of petroleum.
    ``(B) 2 members shall represent entities engaged in
    offshore drilling.
    ``(C) 2 members shall represent entities engaged in
    the support, by offshore supply vessels or other
    vessels, of offshore mineral and oil operations,
    including geophysical services.
    ``(D) 1 member shall represent entities engaged in
    the construction of offshore exploration and recovery
    facilities.
    ``(E) 1 member shall represent entities engaged in
    diving services related to offshore construction,
    inspection, and maintenance.
    ``(F) 1 member shall represent entities engaged in
    safety and training services related to offshore
    exploration and construction.
    ``(G) 1 member shall represent entities engaged in
    pipelaying services related to offshore construction.
    ``(H) 2 members shall represent individuals employed
    in offshore operations and, of the 2, 1 shall have
    recent practical experience on a vessel or offshore unit
    involved in the offshore mineral and energy industry.
    ``(I) 1 member shall represent national
    environmental entities.
    ``(J) 1 member shall represent deepwater ports.

    [[Page 4285]]

    ``(K) 1 member shall represent the general public
    (but not a specific environmental group).
    ``Sec. 15107. <>  National Navigation Safety
    Advisory Committee

    ``(a) Establishment.--There is established a National Navigation
    Safety Advisory Committee (in this section referred to as the
    `Committee').
    ``(b) Function.--The Committee shall advise the Secretary on matters
    relating to maritime collisions, rammings, and groundings, Inland Rules
    of the Road, International Rules of the Road, navigation regulations and
    equipment, routing measures, marine information, and aids to navigation
    systems.
    ``(c) Membership.--
    ``(1) In general.--The Committee shall consist of not more
    than 21 members appointed by the Secretary in accordance with
    this section and section 15109 of this chapter.
    ``(2) Expertise.--Each member of the Committee shall have
    particular expertise, knowledge, and experience in matters
    relating to the function of the Committee.
    ``(3) Representation.--Each member of the Committee shall
    represent 1 of the following:
    ``(A) Commercial vessel owners or operators.
    ``(B) Professional mariners.
    ``(C) Recreational boaters.
    ``(D) The recreational boating industry.
    ``(E) State agencies responsible for vessel or port
    safety.
    ``(F) The Maritime Law Association.
    ``(4) Distribution.--The Secretary shall, based on the needs
    of the Coast Guard, determine the number of members of the
    Committee who represent each entity specified in paragraph (3).
    Neither this paragraph nor any other provision of law shall be
    construed to require an equal distribution of members
    representing each entity specified in paragraph (3).
    ``Sec. 15108. <>  National Towing Safety
    Advisory Committee

    ``(a) Establishment.--There is established a National Towing Safety
    Advisory Committee (in this section referred to as the `Committee').
    ``(b) Function.--The Committee shall advise the Secretary on matters
    relating to shallow-draft inland navigation, coastal waterway
    navigation, and towing safety.
    ``(c) Membership.--
    ``(1) In general.--The Committee shall consist of 18 members
    appointed by the Secretary in accordance with this section and
    section 15109 of this chapter.
    ``(2) Expertise.--Each member of the Committee shall have
    particular expertise, knowledge, and experience in matters
    relating to the function of the Committee.
    ``(3) Representation.--Members of the Committee shall be
    appointed as follows:
    ``(A) 7 members shall represent the barge and towing
    industry, reflecting a regional geographic balance.
    ``(B) 1 member shall represent the offshore mineral
    and oil supply vessel industry.
    ``(C) 1 member shall represent masters and pilots of
    towing vessels who hold active licenses and have
    experience on the Western Rivers and the Gulf
    Intracoastal Waterway.

    [[Page 4286]]

    ``(D) 1 member shall represent masters of towing
    vessels in offshore service who hold active licenses.
    ``(E) 1 member shall represent masters of active
    ship-docking or harbor towing vessels.
    ``(F) 1 member shall represent licensed and
    unlicensed towing vessel engineers with formal training
    and experience.
    ``(G) 2 members shall represent port districts,
    authorities, or terminal operators.
    ``(H) 2 members shall represent shippers and, of the
    2, 1 shall be engaged in the shipment of oil or
    hazardous materials by barge.
    ``(I) 2 members shall represent the general public.
    ``Sec. 15109. <> Administration

    ``(a) Meetings.--Each committee established under this chapter
    shall, at least once each year, meet at the call of the Secretary or a
    majority of the members of the committee.
    ``(b) Employee Status.--A member of a committee established under
    this chapter shall not be considered an employee of the Federal
    Government by reason of service on such committee, except for the
    purposes of the following:
    ``(1) Chapter 81 of title 5.
    ``(2) Chapter 171 of title 28 and any other Federal law
    relating to tort liability.

    ``(c) Compensation.--Notwithstanding subsection (b), a member of a
    committee established under this chapter, when actually engaged in the
    performance of the duties of such committee, may--
    ``(1) receive compensation at a rate established by the
    Secretary, not to exceed the maximum daily rate payable under
    section 5376 of title 5; or
    ``(2) if not compensated in accordance with paragraph (1)--
    ``(A) be reimbursed for actual and reasonable
    expenses incurred in the performance of such duties; or
    ``(B) be allowed travel expenses, including per diem
    in lieu of subsistence, as authorized by section 5703 of
    title 5.

    ``(d) Acceptance of Volunteer Services.--A member of a committee
    established under this chapter may serve on such committee on a
    voluntary basis without pay without regard to section 1342 of title 31
    or any other law.
    ``(e) Status of Members.--
    ``(1) In general.--Except as provided in paragraph (2), with
    respect to a member of a committee established under this
    chapter whom the Secretary appoints to represent an entity or
    group--
    ``(A) the member is authorized to represent the
    interests of the applicable entity or group; and
    ``(B) requirements under Federal law that would
    interfere with such representation and that apply to a
    special Government employee (as defined in section
    202(a) of title 18), including requirements relating to
    employee conduct, political activities, ethics,
    conflicts of interest, and corruption, do not apply to
    the member.
    ``(2) Exception.--Notwithstanding subsection (b), a member
    of a committee established under this chapter shall

    [[Page 4287]]

    be treated as a special Government employee for purposes of the
    committee service of the member if--
    ``(A) the Secretary appointed the member to
    represent the general public; or
    ``(B) the member, without regard to service on the
    committee, is a special Government employee.

    ``(f) Service on Committee.--
    ``(1) Solicitation of nominations.--Before appointing an
    individual as a member of a committee established under this
    chapter, the Secretary shall publish, in the Federal Register, a
    timely notice soliciting nominations for membership on such
    committee.
    ``(2) Appointments.--
    ``(A) In general.--After considering nominations
    received pursuant to a notice published under paragraph
    (1), the Secretary may, as necessary, appoint a member
    to the applicable committee established under this
    chapter.
    ``(B) Prohibition.--The Secretary shall not seek,
    consider, or otherwise use information concerning the
    political affiliation of a nominee in making an
    appointment to any committee established under this
    chapter.
    ``(3) Service at pleasure of the secretary.--
    ``(A) In general.--Each member of a committee
    established under this chapter shall serve at the
    pleasure of the Secretary.
    ``(B) Exception.--Notwithstanding subparagraph (A),
    a member of the committee established under section
    15102 may only be removed prior to the end of the term
    of that member for just cause.
    ``(4) Security background examinations.--The Secretary may
    require an individual to have passed an appropriate security
    background examination before appointment to a committee
    established under this chapter.
    ``(5) Prohibition.--
    ``(A) In general.--Except as provided in
    subparagraph (B), a Federal employee may not be
    appointed as a member of a committee established under
    this chapter.
    ``(B) Special rule for national merchant marine
    personnel advisory committee.--The Secretary may appoint
    a Federal employee to serve as a member of the National
    Merchant Marine Personnel Advisory Committee to
    represent the interests of the United States Merchant
    Marine Academy and, notwithstanding paragraphs (1) and
    (2), may do so without soliciting, receiving, or
    considering nominations for such appointment.
    ``(6) Terms.--
    ``(A) In general.--The term of each member of a
    committee established under this chapter shall expire on
    December 31 of the third full year after the effective
    date of the appointment.
    ``(B) Continued service after term.--When the term
    of a member of a committee established under this
    chapter ends, the member, for a period not to exceed 1
    year, may continue to serve as a member until a
    successor is appointed.

    [[Page 4288]]

    ``(7) Vacancies.--A vacancy on a committee established under
    this chapter shall be filled in the same manner as the original
    appointment.
    ``(8) Special rule for reappointments.--Notwithstanding
    paragraphs (1) and (2), the Secretary may reappoint a member of
    a committee established under this chapter for any term, other
    than the first term of the member, without soliciting,
    receiving, or considering nominations for such appointment.

    ``(g) Staff Services.--The Secretary shall furnish to each committee
    established under this chapter any staff and services considered by the
    Secretary to be necessary for the conduct of the committee's functions.
    ``(h) Chairman; Vice Chairman.--
    ``(1) In general.--Each committee established under this
    chapter shall elect a Chairman and Vice Chairman from among the
    committee's members.
    ``(2) Vice chairman acting as chairman.--The Vice Chairman
    shall act as Chairman in the absence or incapacity of, or in the
    event of a vacancy in the office of, the Chairman.

    ``(i) Subcommittees and Working Groups.--
    ``(1) In general.--The Chairman of a committee established
    under this chapter may establish and disestablish subcommittees
    and working groups for any purpose consistent with the function
    of the committee.
    ``(2) Participants.--Subject to conditions imposed by the
    Chairman, members of a committee established under this chapter
    and additional persons drawn from entities or groups designated
    by this chapter to be represented on the committee or the
    general public may be assigned to subcommittees and working
    groups established under paragraph (1).
    ``(3) Chair.--Only committee members may chair subcommittees
    and working groups established under paragraph (1).

    ``(j) Consultation, Advice, Reports, and Recommendations.--
    ``(1) Consultation.--
    ``(A) In general.--Before taking any significant
    action, the Secretary shall consult with, and consider
    the information, advice, and recommendations of, a
    committee established under this chapter if the function
    of the committee is to advise the Secretary on matters
    related to the significant action.
    ``(B) Inclusion.--For purposes of this paragraph,
    regulations proposed under chapter 45 of this title are
    significant actions.
    ``(2) Advice, reports, and recommendations.--Each committee
    established under this chapter shall submit, in writing, to the
    Secretary its advice, reports, and recommendations, in a form
    and at a frequency determined appropriate by the committee.
    ``(3) Explanation of actions taken.--Not later than 60 days
    after the date on which the Secretary receives recommendations
    from a committee under paragraph (2), the Secretary shall--
    ``(A) publish the recommendations on a website
    accessible at no charge to the public;

    [[Page 4289]]

    ``(B) if the recommendations are from the committee
    established under section 15102, establish a mechanism
    for the submission of public comments on the
    recommendations; and
    ``(C) respond, in writing, to the committee
    regarding the recommendations, including by providing an
    explanation of actions taken regarding the
    recommendations.
    ``(4) Submission to congress.--
    ``(A) In general.--The Secretary shall submit to the
    Committee on Transportation and Infrastructure of the
    House of Representatives and the Committee on Commerce,
    Science, and Transportation of the Senate the advice,
    reports, and recommendations received from committees
    under paragraph (2).
    ``(B) Additional submission.--With respect to a
    committee established under section 70112 and to which
    this section applies, the Secretary shall submit the
    advice, reports, and recommendations received from the
    committee under paragraph (2) to the Committee on
    Homeland Security of the House of Representatives in
    addition to the committees specified in subparagraph
    (A).

    ``(k) Observers.--Any Federal agency with matters under such
    agency's administrative jurisdiction related to the function of a
    committee established under this chapter may designate a representative
    to--
    ``(1) attend any meeting of such committee; and
    ``(2) participate as an observer at meetings of such
    committee that relate to such a matter.

    ``(l) Termination.--Each committee established under this chapter
    shall terminate on September 30, 2027.''.
    (b) Clerical Amendment.--The analysis for subtitle II of title 46,
    United States Code, is amended by inserting after the item relating to
    chapter 147 the following:

    ``Part K-National Maritime Transportation Advisory Committees

    ``151. National Maritime Transportation Advisory Committees.....15101''.

    (c) Conforming Amendments.--
    (1) Commercial fishing safety advisory committee.--Section
    4508 of title 46, United States Code, and the item relating to
    that section in the analysis for chapter 45 of that
    title, <>  are repealed.
    (2) Merchant mariner medical advisory committee.--Section
    7115 of title 46, United States Code, and the item relating to
    that section in the analysis for chapter 71 of that title,
    are <>  repealed.
    (3) Merchant marine personnel advisory committee.--
    (A) Repeal.--Section 8108 of title 46, United States
    Code, and the item relating to that section in the
    analysis for chapter 81 of that title, <>  are repealed.
    (B) Conforming amendment.--Section 7510(c)(1)(C) of
    title 46, United States Code, is amended by inserting
    ``National'' before ``Merchant Marine''.
    (4) National boating safety advisory council.--
    (A) Repeal.--Section 13110 of title 46, United
    States Code, and the item relating to that section in
    the analysis for chapter 131 of that title, <>  are repealed.
    (B) Conforming amendments.--

    [[Page 4290]]

    (i) Regulations.--Section 4302(c)(4) of title
    46, United States Code, is amended by striking
    ``Council established under section 13110 of this
    title'' and inserting ``Committee established
    under section 15105 of this title''.
    (ii) Repair and replacement of defects.--
    Section 4310(f) of title 46, United States Code,
    is amended by striking ``Advisory Council'' and
    inserting ``Advisory Committee''.
    (5) Navigation safety advisory council.--Section 5 of the
    Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is
    repealed.
    (6) Towing safety advisory committee.--
    (A) Repeal.--Public Law 96-380 (33 U.S.C. 1231a) is
    repealed.
    (B) Conforming amendments.--
    (i) Reduction of oil spills from single hull
    non-self-propelled tank vessels.--Section 3719 of
    title 46, United States Code, is amended by
    inserting ``National'' before ``Towing Safety''.
    (ii) Safety equipment.--Section 4102(f)(1) of
    title 46, United States Code, is amended by
    inserting ``National'' before ``Towing Safety''.

    (d) <>  Treatment of Existing
    Councils and Committees.--Notwithstanding any other provision of law--
    (1) an advisory council or committee substantially similar
    to an advisory committee established under chapter 151 of title
    46, United States Code, as added by this Act, and that was in
    force or in effect on the day before the date of enactment of
    this section, including a council or committee the authority for
    which was repealed under subsection (c), may remain in force or
    in effect for a period of 2 years from the date of enactment of
    this section, including that the charter, membership, and other
    aspects of the council or committee may remain in force or in
    effect; and
    (2) during the 2-year period referenced in paragraph (1)--
    (A) requirements relating to the applicable advisory
    committee established under chapter 151 of title 46,
    United States Code, shall be treated as satisfied by the
    substantially similar advisory council or committee; and
    (B) the enactment of this section, including the
    amendments made in this section, shall not be the
    basis--
    (i) to deem, find, or declare such council or
    committee, including the charter, membership, and
    other aspects thereof, void, not in force, or not
    in effect;
    (ii) to suspend the activities of such council
    or committee; or
    (iii) to bar the members of such council or
    committee from meeting.
    SEC. 602. MARITIME SECURITY ADVISORY COMMITTEES.

    (a) In General.--Section 70112 of title 46, United States Code, is
    amended to read as follows:
    ``Sec. 70112. Maritime Security Advisory Committees

    ``(a) National Maritime Security Advisory Committee.--

    [[Page 4291]]

    ``(1) Establishment.--There is established a National
    Maritime Security Advisory Committee (in this subsection
    referred to as the `Committee').
    ``(2) Function.--The Committee shall advise the Secretary on
    matters relating to national maritime security, including on
    enhancing the sharing of information related to cybersecurity
    risks that may cause a transportation security incident, between
    relevant Federal agencies and--
    ``(A) State, local, and tribal governments;
    ``(B) relevant public safety and emergency response
    agencies;
    ``(C) relevant law enforcement and security
    organizations;
    ``(D) maritime industry;
    ``(E) port owners and operators; and
    ``(F) terminal owners and operators.
    ``(3) Membership.--
    ``(A) In general.--The Committee shall consist of at
    least 8 members, but not more than 21 members, appointed
    by the Secretary in accordance with this subsection and
    section 15109 of this title.
    ``(B) Expertise.--Each member of the Committee shall
    have particular expertise, knowledge, and experience in
    matters relating to the function of the Committee.
    ``(C) Representation.--Each of the following shall
    be represented by at least 1 member of the Committee:
    ``(i) Port authorities.
    ``(ii) Facilities owners and operators.
    ``(iii) Terminal owners and operators.
    ``(iv) Vessel owners and operators.
    ``(v) Maritime labor organizations.
    ``(vi) The academic community.
    ``(vii) State and local governments.
    ``(viii) The maritime industry.
    ``(D) Distribution.--If the Committee consists of at
    least 8 members who, together, satisfy the minimum
    representation requirements of subparagraph (C), the
    Secretary shall, based on the needs of the Coast Guard,
    determine the number of additional members of the
    Committee who represent each entity specified in that
    subparagraph. Neither this subparagraph nor any other
    provision of law shall be construed to require an equal
    distribution of members representing each entity
    specified in subparagraph (C).
    ``(4) Administration.--For purposes of section 15109 of this
    title, the Committee shall be treated as a committee established
    under chapter 151 of such title.

    ``(b) Area Maritime Security Advisory Committees.--
    ``(1) In general.--
    ``(A) Establishment.--The Secretary may--
    ``(i) establish an Area Maritime Security
    Advisory Committee for any port area of the United
    States; and
    ``(ii) request such a committee to review the
    proposed Area Maritime Transportation Security
    Plan

    [[Page 4292]]

    developed under section 70103(b) and make
    recommendations to the Secretary that the
    committee considers appropriate.
    ``(B) Additional functions and meetings.--A
    committee established under this subsection for an
    area--
    ``(i) may advise, consult with, report to, and
    make recommendations to the Secretary on matters
    relating to maritime security in that area;
    ``(ii) may make available to the Congress
    recommendations that the committee makes to the
    Secretary; and
    ``(iii) shall meet at the call of--
    ``(I) the Secretary, who shall call
    such a meeting at least once during each
    calendar year; or
    ``(II) a majority of the committee.
    ``(2) Membership.--
    ``(A) In general.--Each committee established under
    this subsection shall consist of at least 7 members
    appointed by the Secretary, each of whom has at least 5
    years practical experience in maritime security
    operations.
    ``(B) Terms.--The term of each member of a committee
    established under this subsection shall be for a period
    of not more than 5 years, specified by the Secretary.
    ``(C) Notice.--Before appointing an individual to a
    position on a committee established under this
    subsection, the Secretary shall publish a notice in the
    Federal Register soliciting nominations for membership
    on the committee.
    ``(D) Background examinations.--The Secretary may
    require an individual to have passed an appropriate
    security background examination before appointment to a
    committee established under this subsection.
    ``(E) Representation.--Each committee established
    under this subsection shall be composed of individuals
    who represent the interests of the port industry,
    terminal operators, port labor organizations, and other
    users of the port areas.
    ``(3) Chairperson and vice chairperson.--
    ``(A) In general.--Each committee established under
    this subsection shall elect 1 of the committee's members
    as the Chairperson and 1 of the committee's members as
    the Vice Chairperson.
    ``(B) Vice chairperson acting as chairperson.--The
    Vice Chairperson shall act as Chairperson in the absence
    or incapacity of the Chairperson, or in the event of a
    vacancy in the office of the Chairperson.
    ``(4) Observers.--
    ``(A) In general.--The Secretary shall, and the head
    of any other interested Federal agency may, designate a
    representative to participate as an observer with a
    committee established under this subsection.
    ``(B) Role.--The Secretary's designated
    representative to a committee established under this
    subsection shall act as the executive secretary of the
    committee and shall perform the duties set forth in
    section 10(c) of the Federal Advisory Committee Act (5
    U.S.C. App.).

    [[Page 4293]]

    ``(5) Consideration of views.--The Secretary shall consider
    the information, advice, and recommendations of each committee
    established under this subsection in formulating policy
    regarding matters affecting maritime security.
    ``(6) Compensation and expenses.--
    ``(A) In general.--A member of a committee
    established under this subsection, when attending
    meetings of the committee or when otherwise engaged in
    the business of the committee, is entitled to receive--
    ``(i) compensation at a rate fixed by the
    Secretary, not exceeding the daily equivalent of
    the current rate of basic pay in effect for GS-15
    of the General Schedule under section 5332 of
    title 5 including travel time; and
    ``(ii) travel or transportation expenses under
    section 5703 of title 5.
    ``(B) Status.--A member of a committee established
    under this subsection shall not be considered to be an
    officer or employee of the United States for any purpose
    based on the receipt of any payment under this
    paragraph.
    ``(7) FACA.--The Federal Advisory Committee Act (5 U.S.C.
    App.) does not apply to a committee established under this
    subsection.''.

    (b) <>  Treatment of Existing Committee.--
    Notwithstanding any other provision of law--
    (1) an advisory committee substantially similar to the
    National Maritime Security Advisory Committee established under
    section 70112(a) of title 46, United States Code, as amended by
    this section, and that was in force or in effect on the day
    before the date of enactment of this section, may remain in
    force or in effect for a period of 2 years from the date of
    enactment of this section, including that the charter,
    membership, and other aspects of the committee may remain in
    force or in effect; and
    (2) during the 2-year period referenced in paragraph (1)--
    (A) requirements relating to the National Maritime
    Security Advisory Committee established under section
    70112(a) of title 46, United States Code, as amended by
    this section, shall be treated as satisfied by the
    substantially similar advisory committee; and
    (B) the enactment of this section, including the
    amendments made in this section, shall not be the
    basis--
    (i) to deem, find, or declare such committee,
    including the charter, membership, and other
    aspects thereof, void, not in force, or not in
    effect;
    (ii) to suspend the activities of such
    committee; or
    (iii) to bar the members of such committee
    from meeting.

    TITLE VII-- <> FEDERAL MARITIME COMMISSION
    SEC. 701. SHORT TITLE.

    This title may be cited as the ``Federal Maritime Commission
    Authorization Act of 2017''.

    [[Page 4294]]

    SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

    Section 308 of title 46, United States Code, is amended by striking
    ``$24,700,000 for each of fiscal years 2016 and 2017'' and inserting
    ``$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year
    2019''.
    SEC. 703. REPORTING ON IMPACT OF ALLIANCES ON COMPETITION.

    Section 306 of title 46, United States Code, is amended--
    (1) in subsection (b)--
    (A) in paragraph (4), by striking ``; and'' and
    inserting a semicolon;
    (B) in paragraph (5), by striking the period at the
    end and inserting ``; and''; and
    (C) by adding at the end the following:
    ``(6) an analysis of the impacts on competition for the
    purchase of certain covered services by alliances of ocean
    common carriers acting pursuant to an agreement under this part
    between or among ocean common carriers, including a summary of
    actions, including corrective actions, taken by the Commission
    to promote such competition.''; and
    (2) by adding at the end the following:

    ``(c) Definition of Certain Covered Services.--In this section, the
    term `certain covered services' has the meaning given the term in
    section 40102.''.
    SEC. 704. DEFINITION OF CERTAIN COVERED SERVICES.

    Section 40102 of title 46, United States Code, is amended--
    (1) by redesignating paragraphs (5) through (25) as
    paragraphs (6) through (26), respectively; and
    (2) by inserting after paragraph (4), the following:
    ``(5) Certain covered services.--For purposes of sections
    41105 and 41307, the term `certain covered services' means, with
    respect to a vessel--
    ``(A) the berthing or bunkering of the vessel;
    ``(B) the loading or unloading of cargo to or from
    the vessel to or from a point on a wharf or terminal;
    ``(C) the positioning, removal, or replacement of
    buoys related to the movement of the vessel; and
    ``(D) with respect to injunctive relief under
    section 41307, towing vessel services provided to such a
    vessel.''.
    SEC. 705. REPORTS FILED WITH THE COMMISSION.

    Section 40104(a) of title 46, United States Code, is amended to read
    as follows:
    ``(a) Reports.--
    ``(1) In general.--The Federal Maritime Commission may
    require a common carrier or marine terminal operator, or an
    officer, receiver, trustee, lessee, agent, or employee of the
    common carrier or marine terminal operator to file with the
    Commission a periodical or special report, an account, record,
    rate, or charge, or a memorandum of facts and transactions
    related to the business of the common carrier or marine terminal
    operator, as applicable.
    ``(2) Requirements.--Any report, account, record, rate,
    charge, or memorandum required to be filed under paragraph (1)
    shall--
    ``(A) be made under oath if the Commission requires;
    and

    [[Page 4295]]

    ``(B) be filed in the form and within the time
    prescribed by the Commission.
    ``(3) Limitation.--The Commission shall--
    ``(A) limit the scope of any filing ordered under
    this section to fulfill the objective of the order; and
    ``(B) provide a reasonable period of time for
    respondents to respond based upon their capabilities and
    the scope of the order.''.
    SEC. 706. PUBLIC PARTICIPATION.

    (a) Notice of Filing.--Section 40304(a) of title 46, United States
    Code, is amended to read as follows:
    ``(a) Notice of Filing.--Not later than 7 days after the date an
    agreement is filed, the Federal Maritime Commission shall--
    ``(1) transmit a notice of the filing to the Federal
    Register for publication; and
    ``(2) request interested persons to submit relevant
    information and documents.''.

    (b) Request for Information and Documents.--Section 40304(d) of
    title 46, United States Code, is amended by striking ``section'' and
    inserting ``part''.
    (c) <>  Saving Clause.--Nothing in this
    section, or the amendments made by this section, may be construed--
    (1) to prevent the Federal Maritime Commission from
    requesting from a person, at any time, any additional
    information or documents the Commission considers necessary to
    carry out chapter 403 of title 46, United States Code;
    (2) to prescribe a specific deadline for the submission of
    relevant information and documents in response to a request
    under section 40304(a)(2) of title 46, United States Code; or
    (3) to limit the authority of the Commission to request
    information under section 40304(d) of title 46, United States
    Code.
    SEC. 707. OCEAN TRANSPORTATION INTERMEDIARIES.

    (a) License Requirement.--Section 40901(a) of title 46, United
    States Code, is amended by inserting ``advertise, hold oneself out, or''
    after ``may not''.
    (b) Applicability.--Section 40901 of title 46, United States Code,
    is amended by adding at the end the following:
    ``(c) Applicability.--Subsection (a) and section 40902 do not apply
    to a person that performs ocean transportation intermediary services on
    behalf of an ocean transportation intermediary for which it is a
    disclosed agent.''.
    (c) Financial Responsibility.--Section 40902(a) of title 46, United
    States Code, is amended by inserting ``advertise, hold oneself out, or''
    after ``may not''.
    SEC. 708. COMMON CARRIERS.

    (a) Section 41104 of title 46, United States Code, is amended--
    (1) in the matter preceding paragraph (1), by inserting
    ``(a) In General.--'' before ``A common carrier'';
    (2) in subsection (a), as designated--
    (A) by amending paragraph (11) to read as follows:
    ``(11) knowingly and willfully accept cargo from or
    transport cargo for the account of a non-vessel-operating common
    carrier that does not have a tariff as required by section 40501
    of this title, or an ocean transportation intermediary that does

    [[Page 4296]]

    not have a bond, insurance, or other surety as required by
    section 40902 of this title;'';
    (B) in paragraph (12), by striking the period at the
    end and inserting ``; or''; and
    (C) by adding at the end the following:
    ``(13) continue to participate simultaneously in a rate
    discussion agreement and an agreement to share vessels, in the
    same trade, if the interplay of the authorities exercised by the
    specified agreements is likely, by a reduction in competition,
    to produce an unreasonable reduction in transportation service
    or an unreasonable increase in transportation cost.''; and
    (3) by adding at the end the following:

    ``(b) Rule of Construction.--Notwithstanding any other provision of
    law, there is no private right of action to enforce the prohibition
    under subsection (a)(13).
    ``(c) Agreement Violation.--Participants in an agreement found by
    the Commission to violate subsection (a)(13) shall have 90 days from the
    date of such Commission finding to withdraw from the agreement as
    necessary to comply with that subsection.''.
    (b) <>  Application.--Section 41104(a)(13)
    of title 46, United States Code, as amended, shall apply to any
    agreement filed or with an effective date before, on, or after the date
    of enactment of this Act.
    SEC. 709. NEGOTIATIONS.

    (a) Concerted Action.--Section 41105 of title 46, United States
    Code, is amended--
    (1) by redesignating paragraphs (5) through (8) as
    paragraphs (7) through (10), respectively; and
    (2) by inserting after paragraph (4) the following:
    ``(5) negotiate with a tug or towing vessel service provider
    on any matter relating to rates or services provided within the
    United States by those tugs or towing vessels;
    ``(6) with respect to a vessel operated by an ocean common
    carrier within the United States, negotiate for the purchase of
    certain covered services, unless the negotiations and any
    resulting agreements are not in violation of the antitrust laws
    and are consistent with the purposes of this part, except that
    this paragraph does not prohibit the setting and publishing of a
    joint through rate by a conference, joint venture, or
    association of ocean common carriers;''.

    (b) Authority.--Chapter 411 of title 46, United States Code, is
    amended--
    (1) by inserting after section 41105 the following:
    ``Sec. 41105A. <>  Authority

    ``Nothing in section 41105, as amended by the Federal Maritime
    Commission Authorization Act of 2017, shall be construed to limit the
    authority of the Department of Justice regarding antitrust matters.'';
    and
    (2) in the analysis at the beginning of chapter
    411 <> , by inserting after the item
    relating to section 41105 the following:

    ``41105A. Authority.''.

    [[Page 4297]]

    (c) Exemption.--Section 40307(b)(1) of title 46, United States Code,
    is amended by inserting ``tug operators,'' after ``motor carriers,''.
    SEC. 710. INJUNCTIVE RELIEF SOUGHT BY THE COMMISSION.

    (a) In General.--Section 41307(b) of title 46, United States Code is
    amended--
    (1) in paragraph (1) by inserting ``or to substantially
    lessen competition in the purchasing of certain covered
    services'' after ``transportation cost''; and
    (2) by adding at the end the following:
    ``(4) Competition factors.--In making a determination under
    this subsection regarding whether an agreement is likely to
    substantially lessen competition in the purchasing of certain
    covered services, the Commission may consider any relevant
    competition factors in affected markets, including, without
    limitation, the competitive effect of agreements other than the
    agreement under review.''.

    (b) <>  Application.--Section 41307(b) of
    title 46, United States Code, as amended, shall apply to any agreement
    filed or with an effective date before, on, or after the date of
    enactment of this Act.
    SEC. 711. DISCUSSIONS.

    (a) In General.--Section 303 of title 46, United States Code, is
    amended to read as follows:
    ``Sec. 303. Meetings

    ``(a) In General.--The Federal Maritime Commission shall be deemed
    to be an agency for purposes of section 552b of title 5.
    ``(b) Record.--The Commission, through its secretary, shall keep a
    record of its meetings and the votes taken on any action, order,
    contract, or financial transaction of the Commission.
    ``(c) Nonpublic Collaborative Discussions.--
    ``(1) In general.--Notwithstanding section 552b of title 5,
    a majority of the Commissioners may hold a meeting that is not
    open to public observation to discuss official agency business
    if--
    ``(A) no formal or informal vote or other official
    agency action is taken at the meeting;
    ``(B) each individual present at the meeting is a
    Commissioner or an employee of the Commission;
    ``(C) at least 1 Commissioner from each political
    party is present at the meeting, if applicable; and
    ``(D) the General Counsel of the Commission is
    present at the meeting.
    ``(2) Disclosure of nonpublic collaborative discussions.--
    Except as provided under paragraph (3), not later than 2
    business days after the conclusion of a meeting under paragraph
    (1), the Commission shall make available to the public, in a
    place easily accessible to the public--
    ``(A) a list of the individuals present at the
    meeting; and
    ``(B) a summary of the matters discussed at the
    meeting, except for any matters the Commission properly
    determines may be withheld from the public under section
    552b(c) of title 5.

    [[Page 4298]]

    ``(3) Exception.--If the Commission properly determines
    matters may be withheld from the public under section 555b(c) of
    title 5, the Commission shall provide a summary with as much
    general information as possible on those matters withheld from
    the public.
    ``(4) Ongoing proceedings.--If a meeting under paragraph (1)
    directly relates to an ongoing proceeding before the Commission,
    the Commission shall make the disclosure under paragraph (2) on
    the date of the final Commission decision.
    ``(5) Preservation of open meetings requirements for agency
    action.--Nothing in this subsection may be construed to limit
    the applicability of section 552b of title 5 with respect to a
    meeting of the Commissioners other than that described in this
    subsection.
    ``(6) Statutory construction.--Nothing in this subsection
    may be construed--
    ``(A) to limit the applicability of section 552b of
    title 5 with respect to any information which is
    proposed to be withheld from the public under paragraph
    (2)(B) of this subsection; or
    ``(B) to authorize the Commission to withhold from
    any individual any record that is accessible to that
    individual under section 552a of title 5.''.

    (b) Table of Contents.--The analysis at the beginning of chapter 3
    of title 46, United States Code, <>  is amended
    by amending the item relating to section 303 to read as follows:

    ``303. Meetings.''.

    SEC. 712. <>  TRANSPARENCY.

    (a) In General.--Beginning not later than 60 days after the date of
    enactment of this Act, the Federal Maritime Commission shall submit to
    the Committee on Commerce, Science, and Transportation of the Senate and
    the Committee on Transportation and Infrastructure of the House of
    Representatives biannual reports that describe the Commission's progress
    toward addressing the issues raised in each unfinished regulatory
    proceeding, regardless of whether the proceeding is subject to a
    statutory or regulatory deadline.
    (b) Format of Reports.--Each report under subsection (a) shall,
    among other things, clearly identify for each unfinished regulatory
    proceeding--
    (1) the popular title;
    (2) the current stage of the proceeding;
    (3) an abstract of the proceeding;
    (4) what prompted the action in question;
    (5) any applicable statutory, regulatory, or judicial
    deadline;
    (6) the associated docket number;
    (7) the date the rulemaking was initiated;
    (8) a date for the next action; and
    (9) if a date for next action identified in the previous
    report is not met, the reason for the delay.
    SEC. 713. STUDY OF BANKRUPTCY PREPARATION AND RESPONSE.

    (a) Study.--The Comptroller General of the United States shall
    conduct a study that examines the immediate aftermath of a major ocean
    carrier bankruptcy and its impact through the supply chain.

    [[Page 4299]]

    The study shall consider any financial mechanisms that could be used to
    mitigate the impact of any future bankruptcy events on the supply chain.
    (b) Report.--No later than 1 year after the date of enactment of
    this Act, the Comptroller General of the United States shall submit to
    the Committee on Commerce, Science, and Transportation of the Senate and
    the Committee on Transportation and Infrastructure of the House of
    Representatives a report containing the findings, conclusions, and
    recommendations, if any, from the study required under subsection (a).
    SEC. 714. <>  AGREEMENTS UNAFFECTED.

    Nothing in this Act may be construed--
    (1) to limit or amend the definition of ``agreement'' in
    section 40102(1) of title 46, United States Code, with respect
    to the exclusion of maritime labor agreements; or
    (2) to apply to a maritime labor agreement (as defined in
    section 40102(15) of that title).

    TITLE VIII--MISCELLANEOUS

    SEC. 801. REPEAL OF OBSOLETE REPORTING REQUIREMENT.

    Subsection (h) of section 888 of the Homeland Security Act of 2002
    (6 U.S.C. 468) is repealed.
    SEC. 802. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD
    AUTHORIZATION ACTS.

    Section 604(b) of the Howard Coble Coast Guard and Maritime
    Transportation Act of 2014 (Public Law 113-281; 128 Stat. 3061) is
    amended by inserting ``and fishery endorsement'' after ``endorsement''.
    SEC. 803. <>  OFFICER EVALUATION
    REPORT.

    (a) In General.--Not later than 3 years after the date of the
    enactment of this Act, the Commandant of the Coast Guard shall reduce
    lieutenant junior grade evaluation reports to the same length as an
    ensign or place lieutenant junior grade evaluations on an annual
    schedule.
    (b) Surveys.--Not later than 1 year after the date of the enactment
    of this Act, the Commandant of the Coast Guard shall conduct surveys
    of--
    (1) outgoing promotion board members and assignment officers
    to determine, at a minimum--
    (A) which sections of the officer evaluation report
    were most useful;
    (B) which sections of the officer evaluation report
    were least useful;
    (C) how to better reflect high performers; and
    (D) any recommendations for improving the officer
    evaluation report; and
    (2) at least 10 percent of the officers from each grade of
    officers from O1 to O6 to determine how much time each member of
    the rating chain spends on that member's portion of the officer
    evaluation report.

    (c) Revisions.--
    (1) In general.--Not later than 4 years after the date of
    the completion of the surveys required by subsection (b),

    [[Page 4300]]

    the Commandant of the Coast Guard shall revise the officer
    evaluation report, and provide corresponding directions, taking
    into account the requirements under paragraph (2).
    (2) Requirements.--In revising the officer evaluation report
    under paragraph (1), the Commandant shall--
    (A) consider the findings of the surveys under
    subsection (b);
    (B) improve administrative efficiency;
    (C) reduce and streamline performance dimensions and
    narrative text;
    (D) eliminate redundancy with the officer specialty
    management system and any other record information
    systems that are used during the officer assignment or
    promotion process;
    (E) provide for fairness and equity for Coast Guard
    officers with regard to promotion boards, selection
    panels, and the assignment process; and
    (F) ensure officer evaluation responsibilities can
    be accomplished within normal working hours--
    (i) to minimize any impact to officer duties;
    and
    (ii) to eliminate any need for an officer to
    take liberty or leave for administrative purposes.

    (d) Report.--
    (1) In general.--Not later than 545 days after the date of
    the enactment of this Act, the Commandant of the Coast Guard
    shall submit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation
    and Infrastructure of the House of Representatives a report on
    the findings of the surveys under subsection (b).
    (2) Format.--The report under paragraph (1) shall be
    formatted by each rank, type of board, and position, as
    applicable.
    SEC. 804. EXTENSION OF AUTHORITY.

    Section 404 of the Coast Guard Authorization Act of 2010 (Public Law
    111-281; 124 Stat. 2950) <>  is amended--
    (1) in subsection (a), in the text preceding paragraph (1),
    by striking ``sections 3304, 5333, and 5753'' and inserting
    ``section 3304''; and
    (2) by striking subsection (b), and redesignating subsection
    (c) as subsection (b).
    SEC. 805. COAST GUARD ROTC PROGRAM.

    Not later than 1 year after the date of enactment of this Act, the
    Commandant of the Coast Guard shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report on the costs and benefits of creating a Coast Guard Reserve
    Officers' Training Corps Program based on the other Armed Forces
    programs.
    SEC. 806. <>  CURRENCY DETECTION CANINE
    TEAM PROGRAM.

    (a) Definitions.--In this section:
    (1) Canine currency detection team.--The term ``canine
    currency detection team'' means a canine and a canine handler
    that are trained to detect currency.
    (2) Secretary.--The term ``Secretary'' means the Secretary
    of the department in which the Coast Guard is operating.

    [[Page 4301]]

    (b) Establishment.--Not later than 1 year after the date of
    enactment of this Act, the Secretary shall establish a program to allow
    the use of canine currency detection teams for purposes of Coast Guard
    maritime law enforcement, including underway vessel boardings.
    (c) Operation.--The Secretary may cooperate with, or enter into an
    agreement with, the head of another Federal agency to meet the
    requirements under subsection (b).
    SEC. 807. <>  CENTER OF EXPERTISE FOR
    GREAT LAKES OIL SPILL SEARCH AND RESPONSE.

    (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Commandant of the Coast Guard shall establish a Center
    of Expertise for Great Lakes Oil Spill Preparedness and Response
    (referred to in this section as the ``Center of Expertise'') in
    accordance with section 313 of title 14, United States Code, as amended
    by this Act.
    (b) Location.--The Center of Expertise shall be located in close
    proximity to--
    (1) critical crude oil transportation infrastructure on and
    connecting the Great Lakes, such as submerged pipelines and
    high-traffic navigation locks; and
    (2) an institution of higher education with adequate aquatic
    research laboratory facilities and capabilities and expertise in
    Great Lakes aquatic ecology, environmental chemistry, fish and
    wildlife, and water resources.

    (c) Functions.--The Center of Expertise shall--
    (1) monitor and assess, on an ongoing basis, the current
    state of knowledge regarding freshwater oil spill response
    technologies and the behavior and effects of oil spills in the
    Great Lakes;
    (2) identify any significant gaps in Great Lakes oil spill
    research, including an assessment of major scientific or
    technological deficiencies in responses to past spills in the
    Great Lakes and other freshwater bodies, and seek to fill those
    gaps;
    (3) conduct research, development, testing, and evaluation
    for freshwater oil spill response equipment, technologies, and
    techniques to mitigate and respond to oil spills in the Great
    Lakes;
    (4) educate and train Federal, State, and local first
    responders located in Coast Guard District 9 in--
    (A) the incident command system structure;
    (B) Great Lakes oil spill response techniques and
    strategies; and
    (C) public affairs; and
    (5) work with academic and private sector response training
    centers to develop and standardize maritime oil spill response
    training and techniques for use on the Great Lakes.

    (d) Definition.--In this section, the term ``Great Lakes'' means
    Lake Superior, Lake Michigan, Lake Huron, Lake Erie, and Lake Ontario.
    SEC. 808. PUBLIC SAFETY ANSWERING POINTS AND MARITIME SEARCH AND
    RESCUE COORDINATION.

    Not later than 180 days after the date of the enactment of this
    Act--
    (1) the Secretary of the department in which the Coast Guard
    is operating acting through the Commandant of the

    [[Page 4302]]

    Coast Guard shall review Coast Guard policies and procedures for
    public safety answering points and search-and-rescue
    coordination with State and local law enforcement entities in
    order to--
    (A) further minimize the possibility of maritime 911
    calls being improperly routed; and
    (B) assure the Coast Guard is able to effectively
    carry out the Coast Guard's maritime search and rescue
    mission; and
    (2) the Commandant shall--
    (A) formulate a national maritime public safety
    answering points policy; and
    (B) submit a report to the Congress on such
    assessment and policy, which shall include an update to
    the report submitted in accordance with section 233 of
    the Howard Coble Coast Guard and Maritime Transportation
    Act of 2014.
    SEC. 809. SHIP SHOAL LIGHTHOUSE TRANSFER: REPEAL.

    Effective January 1, 2021, section 27 of the Coast Guard
    Authorization Act of 1991 (Public Law 102-241; 105 Stat. 2218) is
    repealed.
    SEC. 810. LAND EXCHANGE, AYAKULIK ISLAND, ALASKA.

    (a) Land Exchange; Ayakulik Island, Alaska.--If the owner of
    Ayakulik Island, Alaska, offers to exchange the Island for the Tract--
    (1) within 10 days after receiving such offer, the Secretary
    shall provide notice of the offer to the Commandant;
    (2) within 90 days after receiving the notice under
    paragraph (1), the Commandant shall develop and transmit to the
    Secretary proposed operational restrictions on commercial
    activity conducted on the Tract, including the right of the
    Commandant to--
    (A) order the immediate termination, for a period of
    up to 72 hours, of any activity occurring on or from the
    Tract that violates or threatens to violate one or more
    of such restrictions; or
    (B) commence a civil action for appropriate relief,
    including a permanent or temporary injunction enjoining
    the activity that violates or threatens to violate such
    restrictions;
    (3) within 90 days after receiving the proposed operational
    restrictions from the Commandant, the Secretary shall transmit
    such restrictions to the owner of Ayakulik Island; and
    (4) within 30 days after transmitting the proposed
    operational restrictions to the owner of Ayakulik Island, and if
    the owner agrees to such restrictions, the Secretary shall
    convey all right, title, and interest of the United States in
    and to the Tract to the owner, subject to an easement granted to
    the Commandant to enforce such restrictions, in exchange for all
    right, title, and interest of such owner in and to Ayakulik
    Island.

    (b) Boundary Revisions.--The Secretary may make technical and
    conforming revisions to the boundaries of the Tract before the date of
    the exchange.
    (c) Public Land Order.--Effective on the date of an exchange under
    subsection (a), Public Land Order 5550 shall have no force

    [[Page 4303]]

    or effect with respect to submerged lands that are part of the Tract.
    (d) Failure to Timely Respond to Notice.--If the Commandant does not
    transmit proposed operational restrictions to the Secretary within 30
    days after receiving the notice under subsection (a)(1), the Secretary
    shall, by not later than 60 days after transmitting such notice, convey
    all right, title, and interest of the United States in and to the Tract
    to the owner of Ayakulik Island in exchange for all right, title, and
    interest of such owner in and to Ayakulik Island.
    (e) CERCLA Not Affected.--This section and an exchange under this
    section shall not be construed to limit the application of or otherwise
    affect section 120(h) of the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
    (f) Definitions.--In this section:
    (1) Commandant.--The term ``Commandant'' means the Secretary
    of the department in which the Coast Guard is operating, acting
    through the Commandant of the Coast Guard.
    (2) Secretary.--The term ``Secretary'' means the Secretary
    of the Interior.
    (3) Tract.--The term ``Tract'' means the land (including
    submerged land) depicted as ``PROPOSED PROPERTY EXCHANGE AREA''
    on the survey titled ``PROPOSED PROPERTY EXCHANGE PARCEL'' and
    dated 3/22/17.
    SEC. 811. USE OF TRACT 43.

    Section 524(e)(2) of the Pribilof Island Transition Completion Act
    of 2016 (Public Law 114-120), as amended by section 3533 of the Pribilof
    Island Transition Completion Amendments Act of 2016 (subtitle B of title
    XXXV of Public Law 114-328), is amended by--
    (1) striking ``each month'' and inserting ``each April and
    October''; and
    (2) striking ``previous month'' and inserting ``previous six
    months''.
    SEC. 812. COAST GUARD MARITIME DOMAIN AWARENESS.

    (a) In General.--The Secretary of the department in which the Coast
    Guard is operating shall seek to enter into an arrangement with the
    National Academy of Sciences not later than 60 days after the date of
    the enactment of this Act under which the Academy shall prepare an
    assessment of available unmanned, autonomous, or remotely controlled
    maritime domain awareness technologies for use by the Coast Guard.
    (b) Assessment.--The assessment shall--
    (1) describe the potential limitations of current and
    emerging unmanned technologies used in the maritime domain for--
    (A) ocean observation;
    (B) vessel monitoring and identification;
    (C) weather observation;
    (D) to the extent practicable for consideration by
    the Academy, intelligence gathering, surveillance, and
    reconnaissance; and
    (E) communications;
    (2) examine how technologies described in paragraph (1) can
    help prioritize Federal investment by examining;

    [[Page 4304]]

    (A) affordability, including acquisition,
    operations, and maintenance;
    (B) reliability;
    (C) versatility;
    (D) efficiency; and
    (E) estimated service life and persistence of
    effort; and
    (3) analyze whether the use of new and emerging maritime
    domain awareness technologies can be used to--
    (A) carry out Coast Guard missions at lower costs;
    (B) expand the scope and range of Coast Guard
    maritime domain awareness;
    (C) allow the Coast Guard to more efficiently and
    effectively allocate Coast Guard vessels, aircraft, and
    personnel; and
    (D) identify adjustments that would be necessary in
    Coast Guard policies, procedures, and protocols to
    incorporate unmanned technologies to enhance efficiency.

    (c) Report to Congress.--Not later than 1 year after entering into
    an arrangement with the Secretary under subsection (a), the National
    Academy of Sciences shall submit the assessment prepared under this
    section to the Committees on Transportation and Infrastructure and
    Homeland Security of the House of Representatives and the Committee on
    Commerce, Science, and Transportation of the Senate.
    (d) Use of Information.--In formulating costs pursuant to subsection
    (b), the National Academy of Sciences may utilize information from other
    Coast Guard reports, assessments, or analyses regarding existing Coast
    Guard manpower requirements or other reports, assessments, or analyses
    for the acquisition of unmanned, autonomous, or remotely controlled
    technologies by the Federal Government.
    SEC. 813. MONITORING.

    (a) In General.--The Secretary of the department in which the Coast
    Guard is operating shall conduct a 1-year pilot program to determine the
    impact of persistent use of different types of surveillance systems on
    illegal maritime activities, including illegal, unreported, and
    unregulated fishing, in the Western Pacific region.
    (b) Requirements.--The pilot program shall--
    (1) consider the use of light aircraft-based detection
    systems that can identify potential illegal activity from high
    altitudes and produce enforcement-quality evidence at low
    altitudes; and
    (2) be directed at detecting and deterring illegal maritime
    activities, including illegal, unreported, and unregulated
    fishing, and enhancing maritime domain awareness.
    SEC. 814. REIMBURSEMENTS FOR NON-FEDERAL CONSTRUCTION COSTS OF
    CERTAIN AIDS TO NAVIGATION.

    (a) In General.--Subject to the availability of amounts specifically
    provided in advance in subsequent appropriations Acts and in accordance
    with this section, the Commandant of the Coast Guard may reimburse a
    non-Federal entity for costs incurred by the entity for a covered
    project.
    (b) Conditions.--The Commandant may not provide reimbursement under
    subsection (a) with respect to a covered project unless--
    (1) the need for the project is a result of the completion
    of construction with respect to a federally authorized
    navigation channel;

    [[Page 4305]]

    (2) the Commandant determines, through an appropriate
    navigation safety analysis, that the project is necessary to
    ensure safe marine transportation;
    (3) the Commandant approves the design of the project to
    ensure that it meets all applicable Coast Guard aids-to-
    navigation standards and requirements;
    (4) the non-Federal entity agrees to transfer the project
    upon completion to the Coast Guard for operation and maintenance
    by the Coast Guard as a Federal aid to navigation;
    (5) the non-Federal entity carries out the project in
    accordance with the same laws and regulations that would apply
    to the Coast Guard if the Coast Guard carried out the project,
    including obtaining all permits required for the project under
    Federal and State law; and
    (6) the Commandant determines that the project satisfies
    such additional requirements as may be established by the
    Commandant.

    (c) Limitations.--Reimbursements under subsection (a) may not exceed
    the following:
    (1) For a single covered project, $5,000,000.
    (2) For all covered projects in a single fiscal year,
    $5,000,000.

    (d) Expiration.--The authority granted under this section shall
    expire on the date that is 4 years after the date of enactment of this
    section.
    (e) Covered Project Defined.--In this section, the term ``covered
    project'' means a project carried out--
    (1) by a non-Federal entity to construct and establish an
    aid to navigation that facilitates safe and efficient marine
    transportation on a Federal navigation project authorized by
    title I of the Water Resources Development Act of 2007 (Public
    Law 110-114); and
    (2) in an area that was affected by Hurricane Harvey.
    SEC. 815. <>  TOWING SAFETY MANAGEMENT
    SYSTEM FEES.

    (a) Review.--The Commandant of the Coast Guard shall--
    (1) review and compare the costs to the Government of--
    (A) towing vessel inspections performed by the Coast
    Guard; and
    (B) such inspections performed by a third party; and
    (2) based on such review and comparison, determine whether
    the costs to the Government of such inspections performed by a
    third party are different than the costs to the Government of
    such inspections performed by the Coast Guard.

    (b) Revision of Fees.--If the Commandant determines under subsection
    (a) that the costs to the Government of such inspections performed by a
    third party are different than the costs to the Government of such
    inspections performed by the Coast Guard, then the Commandant shall
    revise the fee assessed by the Coast Guard for such inspections as
    necessary to conform to the requirements under section 9701 of title 31,
    United States Code, that such fee be based on the cost to the Government
    of such inspections and accurately reflect such costs.
    SEC. 816. OIL SPILL DISBURSEMENTS AUDITING AND REPORT.

    Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is
    amended--
    (1) by repealing subsection (g);

    [[Page 4306]]

    (2) in subsection (l)(1), by striking ``Within one year
    after the date of enactment of the Coast Guard Authorization Act
    of 2010, and annually thereafter,'' and inserting ``Each year,
    on the date on which the President submits to Congress a budget
    under section 1105 of title 31, United States Code,''; and
    (3) by amending subsection (l)(2) to read as follows:
    ``(2) Contents.--The report shall include--
    ``(A) a list of each incident that--
    ``(i) occurred in the preceding fiscal year;
    and
    ``(ii) resulted in disbursements from the
    Fund, for removal costs and damages, totaling
    $500,000 or more;
    ``(B) a list of each incident that--
    ``(i) occurred in the fiscal year preceding
    the preceding fiscal year; and
    ``(ii) resulted in disbursements from the
    Fund, for removal costs and damages, totaling
    $500,000 or more; and
    ``(C) an accounting of any amounts reimbursed to the
    Fund in the preceding fiscal year that were recovered
    from a responsible party for an incident that resulted
    in disbursements from the Fund, for removal costs and
    damages, totaling $500,000 or more.''.
    SEC. 817. FLEET REQUIREMENTS ASSESSMENT AND STRATEGY.

    (a) Report.--Not later than 1 year after the date of enactment of
    this Act, the Secretary of the department in which the Coast Guard is
    operating, in consultation with interested Federal and non-Federal
    stakeholders, shall submit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives a report including--
    (1) an assessment of Coast Guard at-sea operational fleet
    requirements to support its statutory missions established in
    the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.); and
    (2) a strategic plan for meeting the requirements identified
    under paragraph (1).

    (b) Contents.--The report under subsection (a) shall include--
    (1) an assessment of--
    (A) the extent to which the Coast Guard at-sea
    operational fleet requirements referred to in subsection
    (a)(1) are currently being met;
    (B) the Coast Guard's current fleet, its operational
    lifespan, and how the anticipated changes in the age and
    distribution of vessels in the fleet will impact the
    ability to meet at-sea operational requirements;
    (C) fleet operations and recommended improvements to
    minimize costs and extend operational vessel life spans;
    and
    (D) the number of Fast Response Cutters, Offshore
    Patrol Cutters, and National Security Cutters needed to
    meet at-sea operational requirements as compared to
    planned acquisitions under the current programs of
    record;
    (2) an analysis of--
    (A) how the Coast Guard at-sea operational fleet
    requirements are currently met, including the use of the

    [[Page 4307]]

    Coast Guard's current cutter fleet, agreements with
    partners, chartered vessels, and unmanned vehicle
    technology; and
    (B) whether existing and planned cutter programs of
    record (including the Fast Response Cutter, Offshore
    Patrol Cutter, and National Security Cutter) will enable
    the Coast Guard to meet at-sea operational requirements;
    and
    (3) a description of--
    (A) planned manned and unmanned vessel acquisition;
    and
    (B) how such acquisitions will change the extent to
    which the Coast Guard at-sea operational requirements
    are met.

    (c) Consultation and Transparency.--
    (1) Consultation.--In consulting with the Federal and non-
    Federal stakeholders under subsection (a), the Secretary of the
    department in which the Coast Guard is operating shall--
    (A) provide the stakeholders with opportunities for
    input--
    (i) prior to initially drafting the report,
    including the assessment and strategic plan; and
    (ii) not later than 3 months prior to
    finalizing the report, including the assessment
    and strategic plan, for submission; and
    (B) document the input and its disposition in the
    report.
    (2) Transparency.--All input provided under paragraph (1)
    shall be made available to the public.

    (d) Ensuring Maritime Coverage.--In order to meet Coast Guard
    mission requirements for search and rescue, ports, waterways, and
    coastal security, and maritime environmental response during
    recapitalization of Coast Guard vessels, the Coast Guard shall ensure
    continuity of the coverage, to the maximum extent practicable, in the
    locations that may lose assets.
    SEC. 818. <>  NATIONAL SECURITY CUTTER.

    (a) Standard Method for Tracking.--The Commandant of the Coast Guard
    may not certify an eighth National Security Cutter as Ready for
    Operations before the date on which the Commandant provides to the
    Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate--
    (1) a notification of a new standard method for tracking
    operational employment of Coast Guard major cutters that does
    not include time during which such a cutter is away from its
    homeport for maintenance or repair; and
    (2) a report analyzing cost and performance for different
    approaches to achieving varied levels of operational employment
    using the standard method required by paragraph (1) that, at a
    minimum--
    (A) compares over a 30-year period the average
    annualized baseline cost and performances for a
    certified National Security Cutter that operated for 185
    days away from homeport or an equivalent alternative
    measure of operational tempo--
    (i) against the cost of a 15 percent increase
    in days away from homeport or an equivalent
    alternative

    [[Page 4308]]

    measure of operational tempo for a National
    Security Cutter; and
    (ii) against the cost of the acquisition and
    operation of an additional National Security
    Cutter; and
    (B) examines the optimal level of operational
    employment of National Security Cutters to balance
    National Security Cutter cost and mission performance.

    (b) Conforming Amendments.--
    (1) Section 221(b) of the Coast Guard and Maritime
    Transportation Act of 2012 (126 Stat. 1560) <>  is repealed.
    (2) Section 204(c)(1) of the Coast Guard Authorization Act
    of 2016 (130 Stat. 35) <>  is repealed.
    SEC. 819. ACQUISITION PLAN FOR INLAND WATERWAY AND RIVER TENDERS
    AND BAY-CLASS ICEBREAKERS.

    (a) Acquisition Plan.--Not later than 270 days after the date of the
    enactment of this Act, the Commandant of the Coast Guard shall submit to
    the Committee on Commerce, Science, and Transportation of the Senate and
    the Committee on Transportation and Infrastructure of the House of
    Representatives a plan to replace or extend the life of the Coast Guard
    fleet of inland waterway and river tenders, and the Bay-class
    icebreakers.
    (b) Contents.--The plan under subsection (a) shall include--
    (1) an analysis of the work required to extend the life of
    vessels described in subsection (a);
    (2) recommendations for which, if any, such vessels it is
    cost effective to undertake a ship-life extension or enhanced
    maintenance program;
    (3) an analysis of the aids to navigation program to
    determine if advances in navigation technology may reduce the
    needs for physical aids to navigation;
    (4) recommendations for changes to physical aids to
    navigation and the distribution of such aids that reduce the
    need for the acquisition of vessels to replace the vessels
    described in subsection (a);
    (5) a schedule for the acquisition of vessels to replace the
    vessels described in subsection (a), including the date on which
    the first vessel will be delivered;
    (6) the date such acquisition will be complete;
    (7) a description of the order and location of replacement
    vessels;
    (8) an estimate of the cost per vessel and of the total cost
    of the acquisition program of record; and
    (9) an analysis of whether existing vessels can be used.
    SEC. 820. GREAT LAKES ICEBREAKER ACQUISITION.

    (a) Icebreaking on the Great Lakes.--For fiscal years 2018 and 2019,
    the Commandant of the Coast Guard may use funds made available pursuant
    to section 4902 of title 14, United States Code, as amended by this Act,
    for the construction of an icebreaker that is at least as capable as the
    Coast Guard Cutter Mackinaw to enhance icebreaking capacity on the Great
    Lakes.
    (b) Acquisition Plan.--Not later than 45 days after the date of
    enactment of this Act, the Commandant shall submit a plan to the
    Committee on Commerce, Science, and Transportation of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives for acquiring an icebreaker described in subsections (a)
    and (b). Such plan shall include--

    [[Page 4309]]

    (1) the details and schedule of the acquisition activities
    to be completed; and
    (2) a description of how the funding for Coast Guard
    acquisition, construction, and improvements that was
    appropriated under the Consolidated Appropriations Act, 2017
    (Public Law 115-31) will be allocated to support the acquisition
    activities referred to in paragraph (1).
    SEC. 821. POLAR ICEBREAKERS.

    (a) Enhanced Maintenance Program for the Polar Star.--
    (1) In general.--Subject to the availability of
    appropriations, the Commandant of the Coast Guard shall conduct
    an enhanced maintenance program on Coast Guard Cutter Polar Star
    (WAGB-10) to extend the service life of such vessel until at
    least December 31, 2025.
    (2) Requirement for report.--Not later than 180 days after
    the date of the enactment of the Coast Guard Authorization Act
    of 2017, the Secretary of the department in which the Coast
    Guard is operating, in consultation with Naval Sea Systems
    Command, shall submit to the Committee on Commerce, Science, and
    Transportation and the Committee on Armed Services of the Senate
    and the Committee on Transportation and Infrastructure and the
    Committee on Armed Services of the House of Representatives a
    detailed report describing a plan to extend the service life of
    the Coast Guard Cutter Polar Star (WAGB-10) until at least
    December 31, 2025, through an enhanced maintenance program.
    (3) Content.--The report required by paragraph (2) shall
    include the following:
    (A) An assessment and discussion of the enhanced
    maintenance program recommended by the National
    Academies of Sciences, Engineering, and Medicine's
    Committee on Polar Icebreaker Cost Assessment in the
    letter report ``Acquisition and Operation of Polar
    Icebreakers: Fulfilling the Nation's Needs''.
    (B) An assessment and discussion of the Government
    Accountability Office's concerns and recommendations
    regarding service life extension work on Coast Guard
    Cutter Polar Star (WAGB-10) in the report ``Status of
    the Coast Guard's Polar Icebreaking Fleet Capability and
    Recapitalization Plan''.
    (C) Based upon a materiel condition assessment of
    the Coast Guard Cutter Polar Star (WAGB-10)--
    (i) a description of the service life
    extension needs of the vessel;
    (ii) detailed information regarding planned
    shipyard work for each fiscal year to meet such
    needs; and
    (iii) an estimate of the amount needed to be
    appropriated to complete the enhanced maintenance
    program.
    (D) A plan to ensure the vessel will maintain
    seasonally operational status during the enhanced
    maintenance program.
    (4) Authorization of appropriations.--The Commandant of the
    Coast Guard may use funds made available pursuant to section
    4902 of title 14, United States Code, as amended

    [[Page 4310]]

    by section 202 of this Act, for the enhanced maintenance program
    described in the report required by subsection (a).

    (b) Coast Guard and Maritime Transportation Act of 2012;
    Amendment.--Section 222 of the Coast Guard and Maritime Transportation
    Act of 2012 (Public Law 112-213), as amended, is further amended as
    follows:
    (1) by striking subsections (a) through (d);
    (2) by redesignating subsections (e) through (g) as
    subsections (a) through (c), respectively;
    (3) in subsection (a), as redesignated--
    (A) in the matter preceding paragraph (1), by
    striking ``Except as provided in subsection (c), the
    Commandant'' and inserting ``The Commandant'';
    (B) in paragraph (1) by striking ``Polar Sea or'';
    (C) in paragraph (2) by striking ``either of the
    vessels'' and inserting ``the Polar Star or the Polar
    Sea''; and
    (D) in paragraph (3) by striking ``either of the
    vessels'' each place it appears and inserting ``the
    Polar Star''.
    SEC. 822. STRATEGIC ASSETS IN THE ARCTIC.

    (a) Definition of Arctic.--In this section, the term ``Arctic'' has
    the meaning given the term in section 112 of the Arctic Research and
    Policy Act of 1984 (15 U.S.C. 4111).
    (b) Sense of Congress.--It is the sense of Congress that--
    (1) the Arctic continues to grow in significance to both the
    national security interests and the economic prosperity of the
    United States; and
    (2) the Coast Guard must ensure it is positioned to respond
    to any accident, incident, or threat with appropriate assets.

    (c) Report.--Not later than 1 year after the date of enactment of
    this Act, the Commandant of the Coast Guard, in consultation with the
    Secretary of Defense and taking into consideration the Department of
    Defense 2016 Arctic Strategy, shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report on the progress toward implementing the strategic objectives
    described in the United States Coast Guard Arctic Strategy dated May
    2013.
    (d) Contents.--The report under subsection (c) shall include--
    (1) a description of the Coast Guard's progress toward each
    strategic objective identified in the United States Coast Guard
    Arctic Strategy dated May 2013;
    (2) an assessment of the assets and infrastructure necessary
    to meet the strategic objectives identified in the United States
    Coast Guard Arctic Strategy dated May 2013 based on factors such
    as--
    (A) response time;
    (B) coverage area;
    (C) endurance on scene;
    (D) presence; and
    (E) deterrence;
    (3) an analysis of the sufficiency of the distribution of
    National Security Cutters, Offshore Patrol Cutters, and Fast
    Response Cutters both stationed in various Alaskan ports and in
    other locations to meet the strategic objectives identified in
    the United States Coast Guard Arctic Strategy, dated May 2013;

    [[Page 4311]]

    (4) plans to provide communications throughout the entire
    Coastal Western Alaska Captain of the Port zone to improve
    waterway safety and mitigate close calls, collisions, and other
    dangerous interactions between the shipping industry and
    subsistence hunters;
    (5) plans to prevent marine casualties, when possible, by
    ensuring vessels avoid environmentally sensitive areas and
    permanent security zones;
    (6) an explanation of--
    (A) whether it is feasible to establish a vessel
    traffic service, using existing resources or otherwise;
    and
    (B) whether an Arctic Response Center of Expertise
    is necessary to address the gaps in experience, skills,
    equipment, resources, training, and doctrine to prepare,
    respond to, and recover spilled oil in the Arctic; and
    (7) an assessment of whether sufficient agreements are in
    place to ensure the Coast Guard is receiving the information it
    needs to carry out its responsibilities.
    SEC. 823. <>  ARCTIC PLANNING CRITERIA.

    (a) Alternative Planning Criteria.--
    (1) In general.--For purposes of the Oil Pollution Act of
    1990 (33 U.S.C. 2701 et seq.), the Commandant of the Coast Guard
    may approve a vessel response plan under section 311 of the
    Federal Water Pollution Control Act (33 U.S.C. 1321) for a
    vessel operating in any area covered by the Captain of the Port
    Zone (as established by the Commandant) that includes the
    Arctic, if the Commandant verifies that--
    (A) equipment required to be available for response
    under the plan has been tested and proven capable of
    operating in the environmental conditions expected in
    the area in which it is intended to be operated; and
    (B) the operators of such equipment have conducted
    training on the equipment within the area covered by
    such Captain of the Port Zone.
    (2) Post-approval requirements.--In approving a vessel
    response plan under paragraph (1), the Commandant shall--
    (A) require that the oil spill removal organization
    identified in the vessel response plan conduct regular
    exercises and drills using the response resources
    identified in the plan in the area covered by the
    Captain of the Port Zone that includes the Arctic; and
    (B) allow such oil spill removal organization to
    take credit for a response to an actual spill or release
    in the area covered by such Captain of the Port Zone,
    instead of conducting an exercise or drill required
    under subparagraph (A), if the oil spill removal
    organization--
    (i) documents which exercise or drill
    requirements were met during the response; and
    (ii) submits a request for credit to, and
    receives approval from, the Commandant.

    (b) Report.--
    (1) In general.--Not later than 120 days after the date of
    enactment of this Act, the Commandant of the Coast Guard shall
    submit to the Committee on Commerce, Science, and Transportation
    of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives a

    [[Page 4312]]

    report on the oil spill prevention and response capabilities for
    the area covered by the Captain of the Port Zone (as established
    by the Commandant) that includes the Arctic.
    (2) Contents.--The report submitted under paragraph (1)
    shall include the following:
    (A) A description of equipment and assets available
    for response under the vessel response plans approved
    for vessels operating in the area covered by the Captain
    of the Port Zone, including details on any providers of
    such equipment and assets.
    (B) A description of the location of such equipment
    and assets, including an estimate of the time to deploy
    the equipment and assets.
    (C) A determination of how effectively such
    equipment and assets are distributed throughout the area
    covered by the Captain of the Port Zone.
    (D) A statement regarding whether the ability to
    maintain and deploy such equipment and assets is taken
    into account when measuring the equipment and assets
    available throughout the area covered by the Captain of
    the Port Zone.
    (E) A validation of the port assessment visit
    process and response resource inventory for response
    under the vessel response plans approved for vessels
    operating in the area covered by the Captain of the Port
    Zone.
    (F) A determination of the compliance rate with
    Federal vessel response plan regulations in the area
    covered by the Captain of the Port Zone during the
    previous 3 years.
    (G) A description of the resources needed throughout
    the area covered by the Captain of the Port Zone to
    conduct port assessments, exercises, response plan
    reviews, and spill responses.

    (c) Definition of Arctic.--In this section, the term ``Arctic'' has
    the meaning given the term under section 112 of the Arctic Research and
    Policy Act of 1984 (15 U.S.C. 4111).
    SEC. 824. VESSEL RESPONSE PLAN AUDIT.

    (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Comptroller General of the United States shall complete
    and submit to the Committee on Commerce, Science, and Transportation of
    the Senate and the Committee on Transportation and Infrastructure of the
    House of Representatives a comprehensive review of the processes and
    resources used by the Coast Guard to implement vessel response plan
    requirements under section 311 of the Federal Water Pollution Control
    Act (33 U.S.C. 1321).
    (b) Required Elements of Review.--The review required under
    subsection (a) shall, at a minimum, include--
    (1) a study, or an audit if appropriate, of the processes
    the Coast Guard uses--
    (A) to approve the vessel response plans referred to
    in subsection (a);
    (B) to approve alternate planning criteria used in
    lieu of National Planning Criteria in approving such
    plans;
    (C) to verify compliance with such plans; and

    [[Page 4313]]

    (D) to act in the event of a failure to comply with
    the requirements of such plans;
    (2) an examination of all Federal and State agency resources
    used by the Coast Guard in carrying out the processes identified
    under paragraph (1), including--
    (A) the current staffing model and organization;
    (B) data, software, simulators, systems, or other
    technology, including those pertaining to weather, oil
    spill trajectory modeling, and risk management;
    (C) the total amount of time per fiscal year
    expended by Coast Guard personnel to approve and verify
    compliance with vessel response plans; and
    (D) the average amount of time expended by the Coast
    Guard for approval of, and verification of compliance
    with, a single vessel response plan;
    (3) an analysis of how, including by what means or methods,
    the processes identified under paragraph (1)--
    (A) ensure compliance with applicable law;
    (B) are implemented by the Coast Guard, including at
    the district and sector levels;
    (C) are informed by public comment and engagement
    with States, Indian Tribes, and other regional
    stakeholders;
    (D) ensure availability and adequate operational
    capability and capacity of required assets and
    equipment, including in cases in which contractual
    obligations may limit the availability of such assets
    and equipment for response;
    (E) provide for adequate asset and equipment
    mobilization time requirements, particularly with
    respect to--
    (i) calculation and establishment of such
    requirements;
    (ii) verifying compliance with such
    requirements; and
    (iii) factoring in weather, including specific
    regional adverse weather as defined in section
    155.1020 of title 33, Code of Federal Regulations,
    in calculating, establishing, and verifying
    compliance with such requirements;
    (F) ensure response plan updates and vessel
    compliance when changes occur in response planning
    criteria, asset and equipment mobilization times, or
    regional response needs, such as trends in
    transportation of high gravity oils or changes in vessel
    traffic volume; and
    (G) enable effective action by the Coast Guard in
    the event of a failure to comply with response plan
    requirements;
    (4) a determination regarding whether asset and equipment
    mobilization time requirements under approved vessel response
    plans can be met by the vessels to which they apply; and
    (5) recommendations for improving the processes identified
    under paragraph (1), including recommendations regarding the
    sufficiency of Coast Guard resources dedicated to those
    processes.

    [[Page 4314]]

    SEC. 825. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED STATES
    FOR CERTAIN PURPOSES.

    For purposes of the application of subtitle II of title 46, United
    States Code, to the Volunteer (Hull Number CCA4108), the Illinois and
    Michigan Canal is deemed to not be navigable waters of the United
    States.
    SEC. 826. <>  DOCUMENTATION OF
    RECREATIONAL VESSELS.

    Coast Guard personnel performing nonrecreational vessel
    documentation functions under subchapter II of chapter 121 of title 46,
    United States Code, may perform recreational vessel documentation under
    section 12114 of such title in any fiscal year in which--
    (1) funds available for Coast Guard operating expenses may
    not be used for expenses incurred for recreational vessel
    documentation;
    (2) fees collected from owners of yachts and credited to
    such use are insufficient to pay expenses of recreational vessel
    documentation; and
    (3) there is a backlog of applications for recreational
    vessel documentation.
    SEC. 827. <>  EQUIPMENT REQUIREMENTS;
    EXEMPTION FROM THROWABLE PERSONAL
    FLOTATION DEVICES REQUIREMENT.

    Not later than one year after the date of enactment of this Act, the
    Secretary of the department in which the Coast Guard is operating
    shall--
    (1) prescribe regulations in part 160 of title 46, Code of
    Federal Regulations, that treat a marine throw bag, as that term
    is commonly used in the commercial whitewater rafting industry,
    as a type of lifesaving equipment; and
    (2) revise section 175.17 of title 33, Code of Federal
    Regulations, to exempt rafts that are 16 feet or more overall in
    length from the requirement to carry an additional throwable
    personal flotation device when such a marine throw bag is
    onboard and accessible.
    SEC. 828. <>  VISUAL DISTRESS SIGNALS AND
    ALTERNATIVE USE.

    (a) In General.--The Secretary of the department in which the Coast
    Guard is operating shall develop a performance standard for the
    alternative use and possession of visual distress alerting and locating
    signals as mandated by carriage requirements for recreational boats in
    subpart C of part 175 of title 33, Code of Federal Regulations.
    (b) Regulations.--Not later than 180 days after the performance
    standard for alternative use and possession of visual distress alerting
    and locating signals is finalized, the Secretary shall revise part 175
    of title 33, Code of Federal Regulations, to allow for carriage of such
    alternative signal devices.
    SEC. 829. <>  RADAR REFRESHER TRAINING.

    Not later than 60 days after the date of enactment of this Act, the
    Secretary of the department in which the Coast Guard is operating shall
    prescribe a final rule eliminating the requirement that a mariner
    actively using the mariner's credential complete an approved refresher
    or recertification course to maintain a radar

    [[Page 4315]]

    observer endorsement. This rulemaking shall be exempt from chapters 5
    and 6 of title 5, United States Code, and Executive Orders 12866 and
    13563.
    SEC. 830. <>  COMMERCIAL FISHING VESSEL
    SAFETY NATIONAL COMMUNICATIONS PLAN.

    (a) Requirement for Plan.--Not later than 1 year after the date of
    enactment of this Act, the Secretary of the department in which the
    Coast Guard is operating shall develop and submit to the Committee on
    Commerce, Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    national communications plan for the purposes of--
    (1) disseminating information to the commercial fishing
    vessel industry;
    (2) conducting outreach with the commercial fishing vessel
    industry;
    (3) facilitating interaction with the commercial fishing
    vessel industry; and
    (4) releasing information collected under section 15102 of
    title 46, United States Code, as added by this Act, to the
    commercial fishing vessel industry.

    (b) Content.--The plan required by subsection (a), and each annual
    update, shall--
    (1) identify staff, resources, and systems available to the
    Secretary to ensure the widest dissemination of information to
    the commercial fishing vessel industry;
    (2) include a means to document all communication and
    outreach conducted with the commercial fishing vessel industry;
    and
    (3) include a mechanism to measure effectiveness of such
    plan.

    (c) Implementation.--Not later than one year after submission of the
    initial plan, the Secretary of the department in which the Coast Guard
    is operating shall implement the plan and shall at a minimum--
    (1) leverage Coast Guard staff, resources, and systems
    available;
    (2) monitor implementation nationwide to ensure adherence to
    plan contents;
    (3) allow each Captain of the Port to adopt the most
    effective strategy and means to communicate with commercial
    fishing vessel industry in that Captain of the Port Zone;
    (4) document communication and outreach; and
    (5) solicit feedback from the commercial fishing vessel
    industry.

    (d) Report and Updates.--The Secretary of the department in which
    the Coast Guard is operating shall--
    (1) submit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation
    and Infrastructure of the House of Representatives a report on
    the effectiveness of the plan to date and any updates to ensure
    maximum impact of the plan one year after the date of enactment
    of this Act, and every 4 years thereafter; and

    [[Page 4316]]

    (2) include in such report input from individual Captains of
    the Port and any feedback received from the commercial fishing
    vessel industry.
    SEC. 831. ATLANTIC COAST PORT ACCESS ROUTE STUDY RECOMMENDATIONS.

    Not later than 30 days after the date of the enactment of the Act,
    the Commandant of the Coast Guard shall notify the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Commerce, Science, and Transportation of the Senate of
    action taken to carry out the recommendations contained in the final
    report issued by the Atlantic Coast Port Access Route Study (ACPARS)
    workgroup for which notice of availability was published March 14, 2016
    (81 Fed. Reg. 13307).
    SEC. 832. DRAWBRIDGES.

    Section 5 of the Act entitled ``An Act making appropriations for the
    construction, repair, and preservation of certain public works on rivers
    and harbors, and for other purposes'', approved August 18, 1894 (33
    U.S.C. 499), is amended by adding at the end the following:
    ``(d) Temporary Changes to Drawbridge Operating Schedules.--
    Notwithstanding section 553 of title 5, United States Code, whenever a
    temporary change to the operating schedule of a drawbridge, lasting 180
    days or less--
    ``(1) is approved--
    ``(A) the Secretary of the department in which the
    Coast Guard is operating shall--
    ``(i) issue a deviation approval letter to the
    bridge owner; and
    ``(ii) announce the temporary change in--
    ``(I) the Local Notice to Mariners;
    ``(II) a broadcast notice to
    mariners and through radio stations; or
    ``(III) such other local media as
    the Secretary considers appropriate; and
    ``(B) the bridge owner, except a railroad bridge
    owner, shall notify--
    ``(i) the public by publishing notice of the
    temporary change in a newspaper of general
    circulation published in the place where the
    bridge is located;
    ``(ii) the department, agency, or office of
    transportation with jurisdiction over the roadway
    that abuts the approaches to the bridge; and
    ``(iii) the law enforcement organization with
    jurisdiction over the roadway that abuts the
    approaches to the bridge; or
    ``(2) is denied, the Secretary of the department in which
    the Coast Guard is operating shall--
    ``(A) not later than 10 days after the date of
    receipt of the request, provide the bridge owner in
    writing the reasons for the denial, including any
    supporting data and evidence used to make the
    determination; and
    ``(B) provide the bridge owner a reasonable
    opportunity to address each reason for the denial and
    resubmit the request.

    [[Page 4317]]

    ``(e) Drawbridge Movements.--The Secretary of the department in
    which the Coast Guard is operating--
    ``(1) shall require a drawbridge operator to record each
    movement of the drawbridge in a logbook;
    ``(2) may inspect the logbook to ensure drawbridge movement
    is in accordance with the posted operating schedule;
    ``(3) shall review whether deviations from the posted
    operating schedule are impairing vehicular and pedestrian
    traffic; and
    ``(4) may determine if the operating schedule should be
    adjusted for efficiency of maritime or vehicular and pedestrian
    traffic.

    ``(f) Requirements.--
    ``(1) Logbooks.--An operator of a drawbridge built across a
    navigable river or other water of the United States--
    ``(A) that opens the draw of such bridge for the
    passage of a vessel, shall record in a logbook--
    ``(i) the bridge identification and date of
    each opening;
    ``(ii) the bridge tender or operator for each
    opening;
    ``(iii) each time it is opened for navigation;
    ``(iv) each time it is closed for navigation;
    ``(v) the number and direction of vessels
    passing through during each opening;
    ``(vi) the types of vessels passing through
    during each opening;
    ``(vii) an estimated or known size (height,
    length, and beam) of the largest vessel passing
    through during each opening;
    ``(viii) for each vessel, the vessel name and
    registration number if easily observable; and
    ``(ix) all maintenance openings, malfunctions,
    or other comments; and
    ``(B) that remains open to navigation but closes to
    allow for trains to cross, shall record in a logbook--
    ``(i) the bridge identification and date of
    each opening and closing;
    ``(ii) the bridge tender or operator;
    ``(iii) each time it is opened to navigation;
    ``(iv) each time it is closed to navigation;
    and
    ``(v) all maintenance openings, closings,
    malfunctions, or other comments.
    ``(2) Maintenance of logbooks.--A drawbridge operator shall
    maintain logbooks required under paragraph (1) for not less than
    5 years.
    ``(3) Submission of logbooks.--At the request of the
    Secretary of the department in which the Coast Guard is
    operating, a drawbridge operator shall submit to the Secretary
    the logbook required under paragraph (1) as the Secretary
    considers necessary to carry out this section.
    ``(4) Exemption.--The requirements under paragraph (1) shall
    be exempt from sections 3501 to 3521 of title 44, United States
    Code.''.
    SEC. 833. WAIVER.

    Section 8902 of title 46, United States Code, shall not apply to the
    chain ferry DIANE (United States official number CG002692)

    [[Page 4318]]

    when such vessel is operating on the Kalamazoo River in Saugatuck,
    Michigan.
    SEC. 834. FIRE-RETARDANT MATERIALS.

    Section 3503 of title 46, United States Code, is amended to read as
    follows:
    ``Sec. 3503. Fire-retardant materials

    ``(a)(1) A passenger vessel of the United States having berth or
    stateroom accommodations for at least 50 passengers shall be granted a
    certificate of inspection only if--
    ``(A) the vessel is constructed of fire-retardant
    materials; and
    ``(B) the vessel--
    ``(i) is operating engines, boilers, main
    electrical distribution panels, fuel tanks, oil
    tanks, and generators that meet current Coast
    Guard regulations; and
    ``(ii) is operating boilers and main
    electrical generators that are contained within
    noncombustible enclosures equipped with fire
    suppression systems.
    ``(2) Before December 1, 2028, this subsection does not
    apply to any vessel in operation before January 1, 1968, and
    operating only within the Boundary Line.

    ``(b)(1) The owner or managing operator of an exempted vessel
    described in subsection (a)(2) shall--
    ``(A) notify in writing prospective passengers,
    prior to purchase, and each crew member that the vessel
    does not comply with applicable fire safety standards
    due primarily to the wooden construction of passenger
    berthing areas;
    ``(B) display in clearly legible font prominently
    throughout the vessel, including in each state room the
    following: `THIS VESSEL FAILS TO COMPLY WITH SAFETY
    RULES AND REGULATIONS OF THE U.S. COAST GUARD.';
    ``(C) acquire prior to the vessel entering service,
    and maintain, liability insurance in an amount to be
    prescribed by the Federal Maritime Commission;
    ``(D) make annual structural alteration to not less
    than 10 percent of the areas of the vessel that are not
    constructed of fire retardant materials;
    ``(E) prioritize alterations in galleys, engineering
    areas of the vessel, including all spaces and
    compartments containing, or adjacent to spaces and
    compartments containing, engines, boilers, main
    electrical distribution panels, fuel tanks, oil tanks,
    and generators;
    ``(F) ensure, to the satisfaction of the Secretary,
    that the combustible fire-load has been reduced pursuant
    to subparagraph (D) during each annual inspection for
    certification;
    ``(G) ensure the vessel has multiple forms of egress
    off the vessel's bow and stern;
    ``(H) provide advance notice to the Coast Guard
    regarding the structural alterations made pursuant to
    subparagraph (D) and comply with any noncombustible
    material requirements prescribed by the Coast Guard;

    [[Page 4319]]

    ``(I) annually notify all ports of call and State
    emergency management offices of jurisdiction that the
    vessel does not comply with the requirement under
    subsection (a)(1);
    ``(J) provide crewmembers manning such vessel
    shipboard training that--
    ``(i) is specialized for exempted vessels;
    ``(ii) exceeds requirements related to
    standards for firefighting training under chapter
    I of title 46, Code of Federal Regulations, as in
    effect on October 1, 2017; and
    ``(iii) is approved by the Coast Guard; and
    ``(K) to the extent practicable, take all steps to
    retain previously trained crew knowledgeable of such
    vessel or to hire crew trained in operations aboard
    exempted vessels.
    ``(2) The owner or managing operator of an exempted vessel
    described in subsection (a)(2) may not disclaim liability to a
    passenger or crew member of such vessel for death, injury, or
    any other loss caused by fire due to the negligence of the owner
    or managing operator.
    ``(3) The Secretary shall--
    ``(A) conduct an annual audit and inspection of each
    exempted vessel described in subsection (a)(2);
    ``(B) in implementing subparagraph (b)(1)(F),
    consider, to the extent practicable, the goal of
    preservation of the historic integrity of such vessel in
    areas carrying or accessible to passengers or generally
    visible to the public; and
    ``(C) prescribe regulations to carry out this
    section, including to prescribe the manner in which
    prospective passengers are to be notified under
    paragraph (1)(A).
    ``(4) The penalties provided in section 3504(c) of this
    title shall apply to a violation of this subsection.

    ``(c) In addition to otherwise applicable penalties, the Secretary
    may immediately withdraw a certificate of inspection for an exempted
    vessel described in subsection (a)(2) that does not comply with any
    requirement under subsection (b).''.
    SEC. 835. VESSEL WAIVER.

    (a) In General.--Upon the date of enactment of this Act and
    notwithstanding sections 12112(a)(2)(A) and 12113(a)(2) of title 46,
    United States Code, the Secretary shall issue a certificate of
    documentation with coastwise and fishery endorsements to the
    certificated vessel.
    (b) Replacement Vessel.--The certificated vessel shall qualify as a
    replacement vessel for the vessel ``AMERICA NO.1'' (United States
    official number 610654) and not be precluded from operating as an
    Amendment 80 replacement vessel under the provisions of part 679 of
    title 50, Code of Federal Regulations.
    (c) Coast Guard Review and Determination.--
    (1) Review.--Not later than 30 days after the date of
    enactment of this Act, the Secretary shall conduct a review of
    the use of certain foreign fabricated steel components in the
    hull or superstructure of the certificated vessel.
    (2) Determination.--Based on the review conducted under
    paragraph (1), the Secretary shall determine whether the
    shipyard that constructed the certificated vessel or the
    purchaser of the certificated vessel knew before such components
    were

    [[Page 4320]]

    procured or installed that the use of such components would
    violate requirements under sections 12112(a)(2)(A) and
    12113(a)(2) of title 46, United States Code.
    (3) Revocation.--If the Secretary determines under paragraph
    (2) that the shipyard that constructed the certificated vessel
    or the purchaser of the certificated vessel knew before such
    components were procured or installed that the use of such
    components would violate requirements under sections
    12112(a)(2)(A) and 12113(a)(2) of title 46, United States Code,
    the Secretary shall immediately revoke the certificate of
    documentation issued under subsection (a).
    (4) Use of documents.--In conducting the review required
    under paragraph (1), the Secretary may request and review any
    information, correspondence, or documents related to the
    construction of the certificated vessel, including from the
    shipyard that constructed the certificated vessel and the
    purchaser of the certificated vessel.

    (d) Termination.--If the contract for purchase of the certificated
    vessel that is in effect on the date of enactment of this Act is
    terminated, the purchasing party to that contract shall be prohibited
    from entering into a subsequent contract or agreement for purchase of
    such vessel.
    (e) Definitions.--In this section:
    (1) Certificated vessel.--The term ``certificated vessel''
    means the vessel America's Finest (United States official number
    1276760).
    (2) Secretary.--The term ``Secretary'' means the Secretary
    of the department in which the Coast Guard is operating, acting
    through the Commandant of the Coast Guard.
    SEC. 836. TEMPORARY LIMITATIONS.

    (a) Limitations.--
    (1) In general.--Upon the Coast Guard issuing a certificate
    of documentation with coastwise and fishery endorsements for the
    vessel ``AMERICA'S FINEST'' (United States official number
    1276760) and during any period such certificate is in effect,
    and subject to subsection (b), the total amount of groundfish
    harvested with respect to subparagraph (A) or the total amount
    of deliveries processed from other vessels with respect to
    subparagraph (B) by the vessels described in paragraph (2) shall
    not collectively exceed--
    (A) the percentage of the harvest available in any
    Gulf of Alaska groundfish fisheries (other than
    fisheries subject to a limited access privilege program
    created by the North Pacific Fishery Management Council)
    that is equivalent to the total harvest by the vessels
    described in paragraph (2) in those fisheries in the
    calendar years that a vessel described in paragraph (2)
    had harvest from 2012 through 2017 relative to the total
    allowable catch available to such vessels in the
    calendar years 2012 through 2017; or
    (B) the percentage of processing of deliveries from
    other vessels in any Bering Sea, Aleutian Islands, and
    Gulf of Alaska groundfish fisheries (including fisheries
    subject to a limited access privilege program created by
    the North Pacific Fishery Management Council, or
    community development quotas as described in section
    305(i) of the

    [[Page 4321]]

    Magnuson-Stevens Fishery Conservation and Management Act
    (16 U.S.C. 1855(i))) that is equivalent to the total
    processing of such deliveries by the vessels described
    in paragraph (2) in those fisheries in the calendar
    years 2012 through 2017 relative to the total allowable
    catch available in the calendar years 2012 through 2017.
    (2) Applicable vessels.--The limitations described in
    paragraph (1) shall apply, in the aggregate, to--
    (A) the vessel AMERICA'S FINEST (United States
    official number 1276760);
    (B) the vessel US INTREPID (United States official
    number 604439);
    (C) the vessel AMERICAN NO. 1 (United States
    official number 610654);
    (D) any replacement of a vessel described in
    subparagraph (A), (B), or (C); and
    (E) any vessel assigned license number LLG3217 under
    the license limitation program under part 679 of title
    50, Code of Federal Regulations.

    (b) Expiration.--The limitations described in subsection (a) shall
    apply to a groundfish species in Bering Sea, Aleutian Islands, and Gulf
    of Alaska only until the earlier of--
    (1) the end of the 6-year period beginning on the date of
    enactment of this Act; or
    (2) the date on which the Secretary of Commerce issues a
    final rule, based on recommendations developed by the North
    Pacific Fishery Management Council consistent with the Magnuson-
    Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
    et seq.), that limits processing deliveries of that groundfish
    species from other vessels in any Bering Sea, Aleutian Islands,
    and Gulf of Alaska groundfish fisheries that are not subject to
    conservation and management measures under section 206 of the
    American Fisheries Act (16 U.S.C. 1851 note).

    (c) Existing Authority.--Except for the measures required by this
    section, nothing in this title shall be construed to limit the authority
    of the North Pacific Fishery Management Council or the Secretary of
    Commerce under the Magnuson-Stevens Fishery Conservation and Management
    Act (16 U.S.C. 1801 et seq.).
    SEC. 837. <>  TRANSFER OF COAST GUARD
    PROPERTY IN JUPITER ISLAND, FLORIDA, FOR
    INCLUSION IN HOBE SOUND NATIONAL WILDLIFE
    REFUGE.

    (a) Transfer.--Administrative jurisdiction over the property
    described in subsection (b) is transferred to the Secretary of the
    Interior.
    (b) Property Described.--The property described in this subsection
    is real property administered by the Coast Guard in the Town of Jupiter
    Island, Florida, comprising Parcel #35-38-42-004-000-02590-6 (Bon Air
    Beach lots 259 and 260 located at 83 North Beach Road) and Parcel #35-
    38-42-004-000-02610-2 (Bon Air Beach lots 261 to 267), including any
    improvements thereon that are not authorized or required by another
    provision of law to be conveyed to another person.
    (c) Administration.--The property described in subsection (b) is
    included in Hobe Sound National Wildlife Refuge, and shall

    [[Page 4322]]

    be administered by the Secretary of the Interior acting through the
    United States Fish and Wildlife Service.
    SEC. 838. EMERGENCY RESPONSE.

    Not later than 90 days after the date of enactment of this Act, the
    Commandant of the Coast Guard shall request the National Offshore Safety
    Advisory Committee to examine whether there are unnecessary regulatory
    barriers to the use of small passenger vessels, crewboats, and offshore
    supply vessels in disaster response and provide recommendations, as
    appropriate, to reduce such barriers.
    SEC. 839. DRAWBRIDGES CONSULTATION.

    (a) Consultation.--In addition and subsequent to any rulemaking
    conducted under section 117.8 of title 33, Code of Federal Regulations,
    related to permanent changes to drawbridge openings that result from
    Amtrak service between New Orleans, Louisiana and Orlando, Florida, the
    Commandant shall consult with owners or operators of rail lines used for
    Amtrak passenger service between New Orleans, Louisiana and Orlando,
    Florida and affected waterway users on changes to drawbridge operating
    schedules necessary to facilitate the On Time Performance of passenger
    trains. These changes to schedules shall not impact Coast Guard response
    times to operational missions.
    (b) Timing.--Consultation in subsection (a) shall occur after
    commencement of Amtrak passenger service on the rail lines between New
    Orleans, Louisiana and Orlando, Florida at the following intervals:
    (1) Not less than 3 months following the commencement of
    Amtrak passenger service.
    (2) Not less than 6 months following the commencement of
    Amtrak passenger service.

    (c) Report.--If after conducting the consultations required by
    subsection (b)(2), the Commandant finds that permanent changes to
    drawbridge operations are necessary to mitigate delays in the movement
    of trains described in subsection (a) and that those changes do not
    unreasonably obstruct the navigability of the affected waterways, then
    the Commandant shall submit those findings to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives.

    TITLE IX-- <> VESSEL
    INCIDENTAL DISCHARGE ACT
    SEC. 901. <>  SHORT TITLE.

    This title may be cited as the ``Vessel Incidental Discharge Act of
    2018''.
    SEC. 902. <>  PURPOSES; FINDINGS.

    (a) Purposes.--The purposes of this title are--
    (1) to provide for the establishment of uniform,
    environmentally sound standards and requirements for the
    management of discharges incidental to the normal operation of a
    vessel;

    [[Page 4323]]

    (2) to charge the Environmental Protection Agency with
    primary responsibility for establishing standards relating to
    the discharge of pollutants from vessels;
    (3) to charge the Coast Guard with primary responsibility
    for prescribing, administering, and enforcing regulations,
    consistent with the discharge standards established by the
    Environmental Protection Agency, for the design, construction,
    installation, and operation of the equipment and management
    practices required onboard vessels; and
    (4) to preserve the flexibility of States, political
    subdivisions, and certain regions with respect to the
    administration and enforcement of standards relating to the
    discharge of pollutants from vessels engaged in maritime
    commerce and transportation.

    (b) Findings.--Congress finds that--
    (1) the Environmental Protection Agency is the principal
    Federal authority charged under the Federal Water Pollution
    Control Act (33 U.S.C. 1251 et seq.) with regulating through the
    issuance of permits for the discharge of pollutants into the
    navigable waters of the United States;
    (2) the Coast Guard is the principal Federal authority
    charged with administering, enforcing, and prescribing
    regulations relating to the discharge of pollutants from
    vessels; and
    (3) during the period of 1973 to 2010--
    (A) the Environmental Protection Agency promulgated
    regulations exempting certain discharges incidental to
    the normal operation of vessels from otherwise
    applicable permitting requirements of the Federal Water
    Pollution Control Act (33 U.S.C. 1251 et seq.); and
    (B) Congress enacted laws on numerous occasions
    governing the regulation of discharges incidental to the
    normal operation of vessels, including--
    (i) the Act to Prevent Pollution from Ships
    (33 U.S.C. 1901 et seq.);
    (ii) the Nonindigenous Aquatic Nuisance
    Prevention and Control Act of 1990 (16 U.S.C. 4701
    et seq.);
    (iii) the National Invasive Species Act of
    1996 (16 U.S.C. 4701 note; Public Law 104-332);
    (iv) section 415 of the Coast Guard
    Authorization Act of 1998 (Public Law 105-383; 112
    Stat. 3434) and section 623 of the Coast Guard and
    Maritime Transportation Act of 2004 (33 U.S.C.
    1901 note; Public Law 108-293), which established
    interim and permanent requirements, respectively,
    for the regulation of vessel discharges of certain
    bulk cargo residue;
    (v) title XIV of division B of Appendix D of
    the Consolidated Appropriations Act, 2001 (Public
    Law 106-554; 114 Stat. 2763A-315), which
    prohibited or limited certain vessel discharges in
    certain areas of Alaska;
    (vi) section 204 of the Maritime
    Transportation Security Act of 2002 (33 U.S.C.
    1902a), which established requirements for the
    regulation of vessel discharges of agricultural
    cargo residue material in the form of hold
    washings; and
    (vii) title X of the Coast Guard Authorization
    Act of 2010 (33 U.S.C. 3801 et seq.), which
    provided for

    [[Page 4324]]

    the implementation of the International Convention
    on the Control of Harmful Anti-Fouling Systems on
    Ships, 2001.
    SEC. 903. STANDARDS FOR DISCHARGES INCIDENTAL TO NORMAL OPERATION
    OF VESSELS.

    (a) Uniform National Standards.--
    (1) In general.--Section 312 of the Federal Water Pollution
    Control Act (33 U.S.C. 1322) is amended by adding at the end the
    following:

    ``(p) Uniform National Standards for Discharges Incidental to Normal
    Operation of Vessels.--
    ``(1) Definitions.--In this subsection:
    ``(A) Aquatic nuisance species.--The term `aquatic
    nuisance species' means a nonindigenous species that
    threatens--
    ``(i) the diversity or abundance of a native
    species;
    ``(ii) the ecological stability of--
    ``(I) waters of the United States;
    or
    ``(II) waters of the contiguous
    zone; or
    ``(iii) a commercial, agricultural,
    aquacultural, or recreational activity that is
    dependent on--
    ``(I) waters of the United States;
    or
    ``(II) waters of the contiguous
    zone.
    ``(B) Ballast water.--
    ``(i) In general.--The term `ballast water'
    means any water, suspended matter, and other
    materials taken onboard a vessel--
    ``(I) to control or maintain trim,
    draught, stability, or stresses of the
    vessel, regardless of the means by which
    any such water or suspended matter is
    carried; or
    ``(II) during the cleaning,
    maintenance, or other operation of a
    ballast tank or ballast water management
    system of the vessel.
    ``(ii) Exclusion.--The term `ballast water'
    does not include any substance that is added to
    the water described in clause (i) that is directly
    related to the operation of a properly functioning
    ballast water management system.
    ``(C) Ballast water discharge standard.--The term
    `ballast water discharge standard' means--
    ``(i) the numerical ballast water discharge
    standard established by section 151.1511 or
    151.2030 of title 33, Code of Federal Regulations
    (or successor regulations); or
    ``(ii) if a standard referred to in clause (i)
    is superseded by a numerical standard of
    performance under this subsection, that
    superseding standard.
    ``(D) Ballast water exchange.--The term `ballast
    water exchange' means the replacement of water in a
    ballast water tank using 1 of the following methods:
    ``(i) Flow-through exchange, in which ballast
    water is flushed out by pumping in midocean water
    at the bottom of the tank if practicable, and
    continuously overflowing the tank from the top,
    until 3 full volumes

    [[Page 4325]]

    of water have been changed to minimize the number
    of original organisms remaining in the tank.
    ``(ii) Empty and refill exchange, in which
    ballast water taken on in ports, estuarine waters,
    or territorial waters is pumped out until the pump
    loses suction, after which the ballast tank is
    refilled with midocean water.
    ``(E) Ballast water management system.--The term
    `ballast water management system' means any marine
    pollution control device (including all ballast water
    treatment equipment, ballast tanks, pipes, pumps, and
    all associated control and monitoring equipment) that
    processes ballast water--
    ``(i) to kill, render nonviable, or remove
    organisms; or
    ``(ii) to avoid the uptake or discharge of
    organisms.
    ``(F) Best available technology economically
    achievable.--The term `best available technology
    economically achievable' means--
    ``(i) best available technology economically
    achievable (within the meaning of section
    301(b)(2)(A));
    ``(ii) best available technology (within the
    meaning of section 304(b)(2)(B)); and
    ``(iii) best available technology, as
    determined in accordance with section 125.3(d)(3)
    of title 40, Code of Federal Regulations (or
    successor regulations).
    ``(G) Best conventional pollutant control
    technology.--The term `best conventional pollutant
    control technology' means--
    ``(i) best conventional pollutant control
    technology (within the meaning of section
    301(b)(2)(E));
    ``(ii) best conventional pollutant control
    technology (within the meaning of section
    304(b)(4)); and
    ``(iii) best conventional pollutant control
    technology, as determined in accordance with
    section 125.3(d)(2) of title 40, Code of Federal
    Regulations (or successor regulations).
    ``(H) Best management practice.--
    ``(i) In general.--The term `best management
    practice' means a schedule of activities,
    prohibitions of practices, maintenance procedures,
    and other management practices to prevent or
    reduce the pollution of--
    ``(I) the waters of the United
    States; or
    ``(II) the waters of the contiguous
    zone.
    ``(ii) Inclusions.--The term `best management
    practice' includes any treatment requirement,
    operating procedure, or practice to control--
    ``(I) vessel runoff;
    ``(II) spillage or leaks;
    ``(III) sludge or waste disposal; or
    ``(IV) drainage from raw material
    storage.
    ``(I) Best practicable control technology currently
    available.--The term `best practicable control
    technology currently available' means--
    ``(i) best practicable control technology
    currently available (within the meaning of section
    301(b)(1)(A));

    [[Page 4326]]

    ``(ii) best practicable control technology
    currently available (within the meaning of section
    304(b)(1)); and
    ``(iii) best practicable control technology
    currently available, as determined in accordance
    with section 125.3(d)(1) of title 40, Code of
    Federal Regulations (or successor regulations).
    ``(J) Captain of the port zone.--The term `Captain
    of the Port Zone' means a Captain of the Port Zone
    established by the Secretary pursuant to sections 92,
    93, and 633 of title 14, United States Code.
    ``(K) Empty ballast tank.--The term `empty ballast
    tank' means a tank that--
    ``(i) has previously held ballast water that
    has been drained to the limit of the functional or
    operational capabilities of the tank (such as loss
    of suction);
    ``(ii) is recorded as empty on a vessel log;
    and
    ``(iii) contains unpumpable residual ballast
    water and sediment.
    ``(L) Great lakes commission.--The term `Great Lakes
    Commission' means the Great Lakes Commission established
    by article IV A of the Great Lakes Compact to which
    Congress granted consent in the Act of July 24, 1968
    (Public Law 90-419; 82 Stat. 414).
    ``(M) Great lakes state.--The term `Great Lakes
    State' means any of the States of--
    ``(i) Illinois;
    ``(ii) Indiana;
    ``(iii) Michigan;
    ``(iv) Minnesota;
    ``(v) New York;
    ``(vi) Ohio;
    ``(vii) Pennsylvania; and
    ``(viii) Wisconsin.
    ``(N) Great lakes system.--The term `Great Lakes
    System' has the meaning given the term in section
    118(a)(3).
    ``(O) Internal waters.--The term `internal waters'
    has the meaning given the term in section 2.24 of title
    33, Code of Federal Regulations (or a successor
    regulation).
    ``(P) Marine pollution control device.--The term
    `marine pollution control device' means any equipment or
    management practice (or combination of equipment and a
    management practice), for installation or use onboard a
    vessel, that is--
    ``(i) designed to receive, retain, treat,
    control, or discharge a discharge incidental to
    the normal operation of a vessel; and
    ``(ii) determined by the Administrator and the
    Secretary to be the most effective equipment or
    management practice (or combination of equipment
    and a management practice) to reduce the
    environmental impacts of the discharge, consistent
    with the factors for consideration described in
    paragraphs (4) and (5).
    ``(Q) Nonindigenous species.--The term
    `nonindigenous species' means an organism of a species
    that enters an ecosystem beyond the historic range of
    the species.

    [[Page 4327]]

    ``(R) Organism.--The term `organism' includes--
    ``(i) an animal, including fish and fish eggs
    and larvae;
    ``(ii) a plant;
    ``(iii) a pathogen;
    ``(iv) a microbe;
    ``(v) a virus;
    ``(vi) a prokaryote (including any archean or
    bacterium);
    ``(vii) a fungus; and
    ``(viii) a protist.
    ``(S) Pacific region.--
    ``(i) In general.--The term `Pacific Region'
    means any Federal or State water--
    ``(I) adjacent to the State of
    Alaska, California, Hawaii, Oregon, or
    Washington; and
    ``(II) extending from shore.
    ``(ii) Inclusion.--The term `Pacific Region'
    includes the entire exclusive economic zone (as
    defined in section 1001 of the Oil Pollution Act
    of 1990 (33 U.S.C. 2701)) adjacent to each State
    described in clause (i)(I).
    ``(T) Port or place of destination.--The term `port
    or place of destination' means a port or place to which
    a vessel is bound to anchor or moor.
    ``(U) Render nonviable.--The term `render
    nonviable', with respect to an organism in ballast
    water, means the action of a ballast water management
    system that renders the organism permanently incapable
    of reproduction following treatment.
    ``(V) Saltwater flush.--
    ``(i) In general.--The term `saltwater flush'
    means--
    ``(I)(aa) the addition of as much
    midocean water into each empty ballast
    tank of a vessel as is safe for the
    vessel and crew; and
    ``(bb) the mixing of the flushwater
    with residual ballast water and sediment
    through the motion of the vessel; and
    ``(II) the discharge of that mixed
    water, such that the resultant residual
    water remaining in the tank--
    ``(aa) has the highest
    salinity possible; and
    ``(bb) is at least 30 parts
    per thousand.
    ``(ii) Multiple sequences.--For purposes of
    clause (i), a saltwater flush may require more
    than 1 fill-mix-empty sequence, particularly if
    only small quantities of water can be safely taken
    onboard a vessel at 1 time.
    ``(W) Secretary.--The term `Secretary' means the
    Secretary of the department in which the Coast Guard is
    operating.
    ``(X) Small vessel general permit.--The term `Small
    Vessel General Permit' means the permit that is the
    subject of the notice of final permit issuance entitled
    `Final National Pollutant Discharge Elimination System
    (NPDES) Small Vessel General Permit for Discharges
    Incidental to

    [[Page 4328]]

    the Normal Operation of Vessels Less Than 79 Feet' (79
    Fed. Reg. 53702 (September 10, 2014)).
    ``(Y) Small vessel or fishing vessel.--The term
    `small vessel or fishing vessel' means a vessel that
    is--
    ``(i) less than 79 feet in length; or
    ``(ii) a fishing vessel, fish processing
    vessel, or fish tender vessel (as those terms are
    defined in section 2101 of title 46, United States
    Code), regardless of the length of the vessel.
    ``(Z) Vessel general permit.--The term `Vessel
    General Permit' means the permit that is the subject of
    the notice of final permit issuance entitled `Final
    National Pollutant Discharge Elimination System (NPDES)
    General Permit for Discharges Incidental to the Normal
    Operation of a Vessel' (78 Fed. Reg. 21938 (April 12,
    2013)).
    ``(2) Applicability.--
    ``(A) In general.--Except as provided in
    subparagraph (B), this subsection applies to--
    ``(i) any discharge incidental to the normal
    operation of a vessel; and
    ``(ii) any discharge incidental to the normal
    operation of a vessel (such as most graywater)
    that is commingled with sewage, subject to the
    conditions that--
    ``(I) nothing in this subsection
    prevents a State from regulating sewage
    discharges; and
    ``(II) any such commingled discharge
    shall comply with all applicable
    requirements of--
    ``(aa) this subsection; and
    ``(bb) any law applicable to
    discharges of sewage.
    ``(B) Exclusion.--This subsection does not apply to
    any discharge incidental to the normal operation of a
    vessel--
    ``(i) from--
    ``(I) a vessel of the Armed Forces
    subject to subsection (n);
    ``(II) a recreational vessel subject
    to subsection (o);
    ``(III) a small vessel or fishing
    vessel, except that this subsection
    shall apply to any discharge of ballast
    water from a small vessel or fishing
    vessel; or
    ``(IV) a floating craft that is
    permanently moored to a pier, including
    a `floating' casino, hotel, restaurant,
    or bar;
    ``(ii) of ballast water from a vessel--
    ``(I) that continuously takes on and
    discharges ballast water in a flow-
    through system, if the Administrator
    determines that system cannot materially
    contribute to the spread or introduction
    of an aquatic nuisance species into
    waters of the United States;
    ``(II) in the National Defense
    Reserve Fleet that is scheduled for
    disposal, if the vessel does not have an
    operable ballast water management
    system;

    [[Page 4329]]

    ``(III) that discharges ballast
    water consisting solely of water taken
    onboard from a public or commercial
    source that, at the time the water is
    taken onboard, meets the applicable
    requirements or permit requirements of
    the Safe Drinking Water Act (42 U.S.C.
    300f et seq.);
    ``(IV) that carries all permanent
    ballast water in sealed tanks that are
    not subject to discharge; or
    ``(V) that only discharges ballast
    water into a reception facility; or
    ``(iii) that results from, or contains
    material derived from, an activity other than the
    normal operation of the vessel, such as material
    resulting from an industrial or manufacturing
    process onboard the vessel.
    ``(3) Continuation in effect of existing requirements.--
    ``(A) Vessel general permit.--Notwithstanding the
    expiration date of the Vessel General Permit or any
    other provision of law, all provisions of the Vessel
    General Permit shall remain in force and effect, and
    shall not be modified, until the applicable date
    described in subparagraph (C).
    ``(B) Nonindigenous aquatic nuisance prevention and
    control act regulations.--Notwithstanding section
    903(a)(2)(A) of the Vessel Incidental Discharge Act of
    2018, all regulations promulgated by the Secretary
    pursuant to section 1101 of the Nonindigenous Aquatic
    Nuisance Prevention and Control Act of 1990 (16 U.S.C.
    4711) (as in effect on the day before the date of
    enactment of this subsection), including the regulations
    contained in subparts C and D of part 151 of title 33,
    Code of Federal Regulations, and subpart 162.060 of part
    162 of title 46, Code of Federal Regulations (as in
    effect on the day before that date of enactment), shall
    remain in force and effect until the applicable date
    described in subparagraph (C).
    ``(C) Repeal on existence of final, effective, and
    enforceable requirements.--Effective beginning on the
    date on which the requirements promulgated by the
    Secretary under subparagraphs (A), (B), and (C) of
    paragraph (5) with respect to every discharge incidental
    to the normal operation of a vessel that is subject to
    regulation under this subsection are final, effective,
    and enforceable, the requirements of the Vessel General
    Permit and the regulations described in subparagraph (B)
    shall have no force or effect.
    ``(4) National standards of performance for marine pollution
    control devices and water quality orders.--
    ``(A) Establishment.--
    ``(i) In general.--Not later than 2 years
    after the date of enactment of this subsection,
    the Administrator, in concurrence with the
    Secretary (subject to clause (ii)), and in
    consultation with interested Governors (subject to
    clause (iii)), shall promulgate Federal standards
    of performance for marine pollution control
    devices for each type of discharge incidental to
    the normal operation of a vessel that is subject
    to regulation under this subsection.

    [[Page 4330]]

    ``(ii) Concurrence with secretary.--
    ``(I) Request.--The Administrator
    shall submit to the Secretary a request
    for written concurrence with respect to
    a proposed standard of performance under
    clause (i).
    ``(II) Effect of failure to
    concur.--A failure by the Secretary to
    concur with the Administrator under
    clause (i) by the date that is 60 days
    after the date on which the
    Administrator submits a request for
    concurrence under subclause (I) shall
    not prevent the Administrator from
    promulgating the relevant standard of
    performance in accordance with the
    deadline under clause (i), subject to
    the condition that the Administrator
    shall include in the administrative
    record of the promulgation--
    ``(aa) documentation of the
    request submitted under
    subclause (I); and
    ``(bb) the response of the
    Administrator to any written
    objections received from the
    Secretary relating to the
    proposed standard of performance
    during the 60-day period
    beginning on the date of
    submission of the request.
    ``(iii) Consultation with governors.--
    ``(I) In general.--The
    Administrator, in promulgating a
    standard of performance under clause
    (i), shall develop the standard of
    performance--
    ``(aa) in consultation with
    interested Governors; and
    ``(bb) in accordance with
    the deadlines under that clause.
    ``(II) Process.--The Administrator
    shall develop a process for soliciting
    input from interested Governors,
    including information sharing relevant
    to such process, to allow interested
    Governors to inform the development of
    standards of performance under clause
    (i).
    ``(III) Objection by governors.--
    ``(aa) Submission.--An
    interested Governor that objects
    to a proposed standard of
    performance under clause (i) may
    submit to the Administrator in
    writing a detailed objection to
    the proposed standard of
    performance, describing the
    scientific, technical, or
    operational factors that form
    the basis of the objection.
    ``(bb) Response.--Before
    finalizing a standard of
    performance under clause (i)
    that is subject to an objection
    under item (aa) from 1 or more
    interested Governors, the
    Administrator shall provide a
    written response to each
    interested Governor that
    submitted an objection under
    that item that details the
    scientific, technical, or
    operational factors that form
    the basis for that standard of
    performance.

    [[Page 4331]]

    ``(cc) Judicial review.--A
    response of the Administrator
    under item (bb) shall not be
    subject to judicial review.
    ``(iv) Procedure.--The Administrator shall
    promulgate the standards of performance under this
    subparagraph in accordance with--
    ``(I) this paragraph; and
    ``(II) section 553 of title 5,
    United States Code.
    ``(B) Stringency.--
    ``(i) In general.--Subject to clause (iii),
    the standards of performance promulgated under
    this paragraph shall require--
    ``(I) with respect to conventional
    pollutants, toxic pollutants, and
    nonconventional pollutants (including
    aquatic nuisance species), the
    application of the best practicable
    control technology currently available;
    ``(II) with respect to conventional
    pollutants, the application of the best
    conventional pollutant control
    technology; and
    ``(III) with respect to toxic
    pollutants and nonconventional
    pollutants (including aquatic nuisance
    species), the application of the best
    available technology economically
    achievable for categories and classes of
    vessels, which shall result in
    reasonable progress toward the national
    goal of eliminating discharges of all
    pollutants.
    ``(ii) Best management practices.--The
    Administrator shall require the use of best
    management practices to control or abate any
    discharge incidental to the normal operation of a
    vessel if--
    ``(I) numeric standards of
    performance are infeasible under clause
    (i); or
    ``(II) the best management practices
    are reasonably necessary--
    ``(aa) to achieve the
    standards of performance; or
    ``(bb) to carry out the
    purpose and intent of this
    subsection.
    ``(iii) Minimum requirements.--Subject to
    subparagraph (D)(ii)(II), the combination of any
    equipment or best management practice comprising a
    marine pollution control device shall not be less
    stringent than the following provisions of the
    Vessel General Permit:
    ``(I) All requirements contained in
    parts 2.1 and 2.2 (relating to effluent
    limits and related requirements),
    including with respect to waters subject
    to Federal protection, in whole or in
    part, for conservation purposes.
    ``(II) All requirements contained in
    part 5 (relating to vessel class-
    specific requirements) that concern
    effluent limits and authorized
    discharges (within the meaning of that
    part), including with respect to waters
    subject to Federal protection, in whole
    or in part, for conservation purposes.

    [[Page 4332]]

    ``(C) Classes, types, and sizes of vessels.--The
    standards promulgated under this paragraph may
    distinguish--
    ``(i) among classes, types, and sizes of
    vessels; and
    ``(ii) between new vessels and existing
    vessels.
    ``(D) Review and revision.--
    ``(i) In general.--Not less frequently than
    once every 5 years, the Administrator, in
    consultation with the Secretary, shall--
    ``(I) review the standards of
    performance in effect under this
    paragraph; and
    ``(II) if appropriate, revise those
    standards of performance--
    ``(aa) in accordance with
    subparagraphs (A) through (C);
    and
    ``(bb) as necessary to
    establish requirements for any
    discharge that is subject to
    regulation under this
    subsection.
    ``(ii) Maintaining protectiveness.--
    ``(I) In general.--Except as
    provided in subclause (II), the
    Administrator shall not revise a
    standard of performance under this
    subsection to be less stringent than an
    applicable existing requirement.
    ``(II) Exceptions.--The
    Administrator may revise a standard of
    performance to be less stringent than an
    applicable existing requirement--
    ``(aa) if information
    becomes available that--
    ``(AA) was not
    reasonably available when
    the Administrator
    promulgated the initial
    standard of performance or
    comparable requirement of
    the Vessel General Permit,
    as applicable (including the
    subsequent scarcity or
    unavailability of materials
    used to control the relevant
    discharge); and
    ``(BB) would have
    justified the application of
    a less-stringent standard of
    performance at the time of
    promulgation; or
    ``(bb) if the Administrator
    determines that a material
    technical mistake or
    misinterpretation of law
    occurred when promulgating the
    existing standard of performance
    or comparable requirement of the
    Vessel General Permit, as
    applicable.
    ``(E) Best management practices for aquatic nuisance
    species emergencies and further protection of water
    quality.--
    ``(i) In general.--Notwithstanding any other
    provision of this subsection, the Administrator,
    in concurrence with the Secretary (subject to
    clause (ii)), and in consultation with States, may
    require, by order, the use of an emergency best
    management practice for any region or category of
    vessels in any case in

    [[Page 4333]]

    which the Administrator determines that such a
    best management practice--
    ``(I) is necessary to reduce the
    reasonably foreseeable risk of
    introduction or establishment of an
    aquatic nuisance species; or
    ``(II) will mitigate the adverse
    effects of a discharge that contributes
    to a violation of a water quality
    requirement under section 303, other
    than a requirement based on the presence
    of an aquatic nuisance species.
    ``(ii) Concurrence with secretary.--
    ``(I) Request.--The Administrator
    shall submit to the Secretary a request
    for written concurrence with respect to
    an order under clause (i).
    ``(II) Effect of failure to
    concur.--A failure by the Secretary to
    concur with the Administrator under
    clause (i) by the date that is 60 days
    after the date on which the
    Administrator submits a request for
    concurrence under subclause (I) shall
    not prevent the Administrator from
    issuing the relevant order, subject to
    the condition that the Administrator
    shall include in the administrative
    record of the issuance--
    ``(aa) documentation of the
    request submitted under
    subclause (I); and
    ``(bb) the response of the
    Administrator to any written
    objections received from the
    Secretary relating to the
    proposed order during the 60-day
    period beginning on the date of
    submission of the request.
    ``(iii) Duration.--An order issued by the
    Administrator under clause (i) shall expire not
    later than the date that is 4 years after the date
    of issuance.
    ``(iv) Extensions.--The Administrator may
    reissue an order under clause (i) for such
    subsequent periods of not longer than 4 years as
    the Administrator determines to be appropriate.
    ``(5) Implementation, compliance, and enforcement
    requirements.--
    ``(A) Establishment.--
    ``(i) In general.--As soon as practicable, but
    not later than 2 years, after the date on which
    the Administrator promulgates any new or revised
    standard of performance under paragraph (4) with
    respect to a discharge, the Secretary, in
    consultation with States, shall promulgate the
    regulations required under this paragraph with
    respect to that discharge.
    ``(ii) Minimum requirements.--Subject to
    subparagraph (C)(ii)(II), the regulations
    promulgated under this paragraph shall not be less
    stringent with respect to ensuring, monitoring,
    and enforcing compliance than--
    ``(I) the requirements contained in
    part 3 of the Vessel General Permit
    (relating to corrective actions);

    [[Page 4334]]

    ``(II) the requirements contained in
    part 4 of the Vessel General Permit
    (relating to inspections, monitoring,
    reporting, and recordkeeping), including
    with respect to waters subject to
    Federal protection, in whole or in part,
    for conservation purposes;
    ``(III) the requirements contained
    in part 5 of the Vessel General Permit
    (relating to vessel class-specific
    requirements) regarding monitoring,
    inspection, and educational and training
    requirements (within the meaning of that
    part), including with respect to waters
    subject to Federal protection, in whole
    or in part, for conservation purposes;
    and
    ``(IV) any comparable, existing
    requirements promulgated under the
    Nonindigenous Aquatic Nuisance
    Prevention and Control Act of 1990 (16
    U.S.C. 4701 et seq.) (including section
    1101 of that Act (16 U.S.C. 4711) (as in
    effect on the day before the date of
    enactment of this subsection))
    applicable to that discharge.
    ``(iii) Coordination with states.--The
    Secretary, in coordination with the Governors of
    the States, shall develop, publish, and
    periodically update inspection, monitoring, data
    management, and enforcement procedures for the
    enforcement by States of Federal standards and
    requirements under this subsection.
    ``(iv) Effective date.--In determining the
    effective date of a regulation promulgated under
    this paragraph, the Secretary shall take into
    consideration the period of time necessary--
    ``(I) to communicate to affected
    persons the applicability of the
    regulation; and
    ``(II) for affected persons
    reasonably to comply with the
    regulation.
    ``(v) Procedure.--The Secretary shall
    promulgate the regulations under this subparagraph
    in accordance with--
    ``(I) this paragraph; and
    ``(II) section 553 of title 5,
    United States Code.
    ``(B) Implementation regulations for marine
    pollution control devices.--The Secretary shall
    promulgate such regulations governing the design,
    construction, testing, approval, installation, and use
    of marine pollution control devices as are necessary to
    ensure compliance with the standards of performance
    promulgated under paragraph (4).
    ``(C) Compliance assurance.--
    ``(i) In general.--The Secretary shall
    promulgate requirements (including requirements
    for vessel owners and operators with respect to
    inspections, monitoring, reporting, sampling, and
    recordkeeping) to ensure, monitor, and enforce
    compliance with--
    ``(I) the standards of performance
    promulgated by the Administrator under
    paragraph (4); and
    ``(II) the implementation
    regulations promulgated by the Secretary
    under subparagraph (B).

    [[Page 4335]]

    ``(ii) Maintaining protectiveness.--
    ``(I) In general.--Except as
    provided in subclause (II), the
    Secretary shall not revise a requirement
    under this subparagraph or subparagraph
    (B) to be less stringent with respect to
    ensuring, monitoring, or enforcing
    compliance than an applicable existing
    requirement.
    ``(II) Exceptions.--The Secretary
    may revise a requirement under this
    subparagraph or subparagraph (B) to be
    less stringent than an applicable
    existing requirement--
    ``(aa) in accordance with
    this subparagraph or
    subparagraph (B), as applicable;
    ``(bb) if information
    becomes available that--
    ``(AA) the Administrator
    determines was not
    reasonably available when
    the Administrator
    promulgated the existing
    requirement of the Vessel
    General Permit, or that the
    Secretary determines was not
    reasonably available when
    the Secretary promulgated
    the existing requirement
    under the Nonindigenous
    Aquatic Nuisance Prevention
    and Control Act of 1990 (16
    U.S.C. 4701 et seq.) or the
    applicable existing
    requirement under this
    subparagraph, as applicable
    (including subsequent
    scarcity or unavailability
    of materials used to control
    the relevant discharge); and
    ``(BB) would have
    justified the application of
    a less-stringent requirement
    at the time of promulgation;
    or
    ``(cc) if the Administrator
    determines that a material
    technical mistake or
    misinterpretation of law
    occurred when promulgating an
    existing requirement of the
    Vessel General Permit, or if the
    Secretary determines that a
    material mistake or
    misinterpretation of law
    occurred when promulgating an
    existing requirement under the
    Nonindigenous Aquatic Nuisance
    Prevention and Control Act of
    1990 (16 U.S.C. 4701 et seq.) or
    this subsection.
    ``(D) Data availability.--Beginning not later than 1
    year after the date of enactment of this subsection, the
    Secretary shall provide to the Governor of a State, on
    request by the Governor, access to Automated
    Identification System arrival data for inbound vessels
    to specific ports or places of destination in the State.
    ``(6) Additional provisions regarding ballast water.--
    ``(A) In general.--In addition to the other
    applicable requirements of this subsection, the
    requirements of this paragraph shall apply with respect
    to any discharge incidental to the normal operation of a
    vessel that is a discharge of ballast water.
    ``(B) Empty ballast tanks.--
    ``(i) Requirements.--Except as provided in
    clause (ii), the owner or operator of a vessel
    with empty

    [[Page 4336]]

    ballast tanks bound for a port or place of
    destination subject to the jurisdiction of the
    United States shall, prior to arriving at that
    port or place of destination, conduct a ballast
    water exchange or saltwater flush--
    ``(I) not less than 200 nautical
    miles from any shore for a voyage
    originating outside the United States or
    Canadian exclusive economic zone; or
    ``(II) not less than 50 nautical
    miles from any shore for a voyage
    originating within the United States or
    Canadian exclusive economic zone.
    ``(ii) Exceptions.--Clause (i) shall not
    apply--
    ``(I) if the unpumpable residual
    waters and sediments of an empty ballast
    tank were subject to treatment, in
    compliance with applicable requirements,
    through a type-approved ballast water
    management system approved by the
    Secretary;
    ``(II) except as otherwise required
    under this subsection, if the unpumpable
    residual waters and sediments of an
    empty ballast tank were sourced within--
    ``(aa) the same port or
    place of destination; or
    ``(bb) contiguous portions
    of a single Captain of the Port
    Zone;
    ``(III) if complying with an
    applicable requirement of clause (i)--
    ``(aa) would compromise the
    safety of the vessel; or
    ``(bb) is otherwise
    prohibited by any Federal,
    Canadian, or international law
    (including regulations)
    pertaining to vessel safety;
    ``(IV) if design limitations of the
    vessel prevent a ballast water exchange
    or saltwater flush from being conducted
    in accordance with clause (i); or
    ``(V) if the vessel is operating
    exclusively within the internal waters
    of the United States or Canada.
    ``(C) Period of use of installed ballast water
    management systems.--
    ``(i) In general.--Except as provided in
    clause (ii), a vessel shall be deemed to be in
    compliance with a standard of performance for a
    marine pollution control device that is a ballast
    water management system if the ballast water
    management system--
    ``(I) is maintained in proper
    working condition, as determined by the
    Secretary;
    ``(II) is maintained and used in
    accordance with manufacturer
    specifications;
    ``(III) continues to meet the
    ballast water discharge standard
    applicable to the vessel at the time of
    installation, as determined by the
    Secretary; and
    ``(IV) has in effect a valid type-
    approval certificate issued by the
    Secretary.
    ``(ii) Limitation.--Clause (i) shall cease to
    apply with respect to any vessel on, as
    applicable--

    [[Page 4337]]

    ``(I) the expiration of the service
    life, as determined by the Secretary,
    of--
    ``(aa) the ballast water
    management system; or
    ``(bb) the vessel;
    ``(II) the completion of a major
    conversion (as defined in section 2101
    of title 46, United States Code) of the
    vessel; or
    ``(III) a determination by the
    Secretary that there are other type-
    approved systems for the vessel or
    category of vessels, with respect to the
    use of which the environmental, health,
    and economic benefits would exceed the
    costs.
    ``(D) Review of ballast water management system
    type-approval testing methods.--
    ``(i) Definition of live; living.--
    Notwithstanding any other provision of law
    (including regulations), for purposes of section
    151.1511 of title 33, and part 162 of title 46,
    Code of Federal Regulations (or successor
    regulations), the terms `live' and `living' shall
    not--
    ``(I) include an organism that has
    been rendered nonviable; or
    ``(II) preclude the consideration of
    any method of measuring the
    concentration of organisms in ballast
    water that are capable of reproduction.
    ``(ii) Draft policy.--Not later than 180 days
    after the date of enactment of this subsection,
    the Secretary, in coordination with the
    Administrator, shall publish a draft policy
    letter, based on the best available science,
    describing type-approval testing methods and
    protocols for ballast water management systems, if
    any, that--
    ``(I) render nonviable organisms in
    ballast water; and
    ``(II) may be used in addition to
    the methods established under subpart
    162.060 of title 46, Code of Federal
    Regulations (or successor regulations)--
    ``(aa) to measure the
    concentration of organisms in
    ballast water that are capable
    of reproduction;
    ``(bb) to certify the
    performance of each ballast
    water management system under
    this subsection; and
    ``(cc) to certify
    laboratories to evaluate
    applicable treatment
    technologies.
    ``(iii) Public comment.--The Secretary shall
    provide a period of not more than 60 days for
    public comment regarding the draft policy letter
    published under clause (ii).
    ``(iv) Final policy.--
    ``(I) In general.--Not later than 1
    year after the date of enactment of this
    subsection, the Secretary, in
    coordination with the Administrator,
    shall publish a final policy letter
    describing type-approval testing
    methods, if any, for ballast water
    management systems that render nonviable
    organisms in ballast water.

    [[Page 4338]]

    ``(II) Method of evaluation.--The
    ballast water management systems under
    subclause (I) shall be evaluated by
    measuring the concentration of organisms
    in ballast water that are capable of
    reproduction based on the best available
    science that may be used in addition to
    the methods established under subpart
    162.060 of title 46, Code of Federal
    Regulations (or successor regulations).
    ``(III) Revisions.--The Secretary
    shall revise the final policy letter
    under subclause (I) in any case in which
    the Secretary, in coordination with the
    Administrator, determines that
    additional testing methods are capable
    of measuring the concentration of
    organisms in ballast water that have not
    been rendered nonviable.
    ``(v) Factors for consideration.--In
    developing a policy letter under this
    subparagraph, the Secretary, in coordination with
    the Administrator--
    ``(I) shall take into consideration
    a testing method that uses organism
    grow-out and most probable number
    statistical analysis to determine the
    concentration of organisms in ballast
    water that are capable of reproduction;
    and
    ``(II) shall not take into
    consideration a testing method that
    relies on a staining method that
    measures the concentration of--
    ``(aa) organisms greater
    than or equal to 10 micrometers;
    and
    ``(bb) organisms less than
    or equal to 50 micrometers.
    ``(E) Intergovernmental response framework.--
    ``(i) In general.--The Secretary, in
    consultation with the Administrator and acting in
    coordination with, or through, the Aquatic
    Nuisance Species Task Force established by section
    1201(a) of the Nonindigenous Aquatic Nuisance
    Prevention and Control Act of 1990 (16 U.S.C.
    4721(a)), shall establish a framework for Federal
    and intergovernmental response to aquatic nuisance
    species risks from discharges from vessels subject
    to ballast water and incidental discharge
    compliance requirements under this subsection,
    including the introduction, spread, and
    establishment of aquatic nuisance species
    populations.
    ``(ii) Ballast discharge risk response.--The
    Administrator, in coordination with the Secretary
    and taking into consideration information from the
    National Ballast Information Clearinghouse
    developed under section 1102(f) of the
    Nonindigenous Aquatic Nuisance Prevention and
    Control Act of 1990 (16 U.S.C. 4712(f)), shall
    establish a risk assessment and response framework
    using ballast water discharge data and aquatic
    nuisance species monitoring data for the purposes
    of--
    ``(I) identifying and tracking
    populations of aquatic invasive species;
    ``(II) evaluating the risk of any
    aquatic nuisance species population
    tracked under subclause

    [[Page 4339]]

    (I) establishing and spreading in waters
    of the United States or waters of the
    contiguous zone; and
    ``(III) establishing emergency best
    management practices that may be
    deployed rapidly, in a local or regional
    manner, to respond to emerging aquatic
    nuisance species threats.
    ``(7) Petitions by governors for review.--
    ``(A) In general.--The Governor of a State (or a
    designee) may submit to the Administrator or the
    Secretary a petition--
    ``(i) to issue an order under paragraph
    (4)(E); or
    ``(ii) to review any standard of performance,
    regulation, or policy promulgated under paragraph
    (4), (5), or (6), respectively, if there exists
    new information that could reasonably result in a
    change to--
    ``(I) the standard of performance,
    regulation, or policy; or
    ``(II) a determination on which the
    standard of performance, regulation, or
    policy was based.
    ``(B) Inclusion.--A petition under subparagraph (A)
    shall include a description of any applicable scientific
    or technical information that forms the basis of the
    petition.
    ``(C) Determination.--
    ``(i) Timing.--The Administrator or the
    Secretary, as applicable, shall grant or deny--
    ``(I) a petition under subparagraph
    (A)(i) by not later than the date that
    is 180 days after the date on which the
    petition is submitted; and
    ``(II) a petition under subparagraph
    (A)(ii) by not later than the date that
    is 1 year after the date on which the
    petition is submitted.
    ``(ii) Effect of grant.--If the Administrator
    or the Secretary determines under clause (i) to
    grant a petition--
    ``(I) in the case of a petition
    under subparagraph (A)(i), the
    Administrator shall immediately issue
    the relevant order under paragraph
    (4)(E); or
    ``(II) in the case of a petition
    under subparagraph (A)(ii), the
    Administrator or Secretary shall publish
    in the Federal Register, by not later
    than 30 days after the date of that
    determination, a notice of proposed
    rulemaking to revise the relevant
    standard, requirement, regulation, or
    policy under paragraph (4), (5), or (6),
    as applicable.
    ``(iii) Notice of denial.--If the
    Administrator or the Secretary determines under
    clause (i) to deny a petition, the Administrator
    or Secretary shall publish in the Federal
    Register, by not later than 30 days after the date
    of that determination, a detailed explanation of
    the scientific, technical, or operational factors
    that form the basis of the determination.
    ``(iv) Review.--A determination by the
    Administrator or the Secretary under clause (i) to
    deny a petition shall be--

    [[Page 4340]]

    ``(I) considered to be a final
    agency action; and
    ``(II) subject to judicial review in
    accordance with section 509, subject to
    clause (v).
    ``(v) Exceptions.--
    ``(I) Venue.--Notwithstanding
    section 509(b), a petition for review of
    a determination by the Administrator or
    the Secretary under clause (i) to deny a
    petition submitted by the Governor of a
    State under subparagraph (A) may be
    filed in any United States district
    court of competent jurisdiction.
    ``(II) Deadline for filing.--
    Notwithstanding section 509(b), a
    petition for review of a determination
    by the Administrator or the Secretary
    under clause (i) shall be filed by not
    later than 180 days after the date on
    which the justification for the
    determination is published in the
    Federal Register under clause (iii).
    ``(8) Prohibition.--
    ``(A) In general.--It shall be unlawful for any
    person to violate--
    ``(i) a provision of the Vessel General Permit
    in force and effect under paragraph (3)(A);
    ``(ii) a regulation promulgated pursuant to
    section 1101 of the Nonindigenous Aquatic Nuisance
    Prevention and Control Act of 1990 (16 U.S.C.
    4711) (as in effect on the day before the date of
    enactment of this subsection) in force and effect
    under paragraph (3)(B); or
    ``(iii) an applicable requirement or
    regulation under this subsection.
    ``(B) Compliance with regulations.--Effective
    beginning on the effective date of a regulation
    promulgated under paragraph (4), (5), (6), or (10), as
    applicable, it shall be unlawful for the owner or
    operator of a vessel subject to the regulation--
    ``(i) to discharge any discharge incidental to
    the normal operation of the vessel into waters of
    the United States or waters of the contiguous
    zone, except in compliance with the regulation; or
    ``(ii) to operate in waters of the United
    States or waters of the contiguous zone, if the
    vessel is not equipped with a required marine
    pollution control device that complies with the
    requirements established under this subsection,
    unless--
    ``(I) the owner or operator of the
    vessel denotes in an entry in the
    official logbook of the vessel that the
    equipment was not operational; and
    ``(II) either--
    ``(aa) the applicable
    discharge was avoided; or
    ``(bb) an alternate
    compliance option approved by
    the Secretary as meeting the
    applicable standard was
    employed.
    ``(C) Affirmative defense.--No person shall be found
    to be in violation of this paragraph if--

    [[Page 4341]]

    ``(i) the violation was in the interest of
    ensuring the safety of life at sea, as determined
    by the Secretary; and
    ``(ii) the applicable emergency circumstance
    was not the result of negligence or malfeasance on
    the part of--
    ``(I) the owner or operator of the
    vessel;
    ``(II) the master of the vessel; or
    ``(III) the person in charge of the
    vessel.
    ``(D) Treatment.--Each day of continuing violation
    of an applicable requirement of this subsection shall
    constitute a separate offense.
    ``(E) In rem liability.--A vessel operated in
    violation of this subsection is liable in rem for any
    civil penalty assessed for the violation.
    ``(F) Revocation of clearance.--The Secretary shall
    withhold or revoke the clearance of a vessel required
    under section 60105 of title 46, United States Code, if
    the owner or operator of the vessel is in violation of
    this subsection.
    ``(9) Effect on other laws.--
    ``(A) State authority.--
    ``(i) In general.--Except as provided in
    clauses (ii) through (v) and paragraph (10),
    effective beginning on the date on which the
    requirements promulgated by the Secretary under
    subparagraphs (A), (B), and (C) of paragraph (5)
    with respect to every discharge incidental to the
    normal operation of a vessel that is subject to
    regulation under this subsection are final,
    effective, and enforceable, no State, political
    subdivision of a State, or interstate agency may
    adopt or enforce any law, regulation, or other
    requirement of the State, political subdivision,
    or interstate agency with respect to any such
    discharge.
    ``(ii) Identical or lesser state laws.--Clause
    (i) shall not apply to any law, regulation, or
    other requirement of a State, political
    subdivision of a State, or interstate agency in
    effect on or after the date of enactment of this
    subsection--
    ``(I) that is identical to a Federal
    requirement under this subsection
    applicable to the relevant discharge; or
    ``(II) compliance with which would
    be achieved concurrently in achieving
    compliance with a Federal requirement
    under this subsection applicable to the
    relevant discharge.
    ``(iii) State enforcement of federal
    requirements.--A State may enforce any standard of
    performance or other Federal requirement of this
    subsection in accordance with subsection (k) or
    other applicable Federal authority.
    ``(iv) Exception for certain fees.--
    ``(I) In general.--Subject to
    subclauses (II) and (III), a State that
    assesses any fee pursuant to any State
    or Federal law relating to the
    regulation of a discharge incidental to
    the normal operation of a vessel before
    the date of enactment of this subsection
    may assess or retain a fee to

    [[Page 4342]]

    cover the costs of administration,
    inspection, monitoring, and enforcement
    activities by the State to achieve
    compliance with the applicable
    requirements of this subsection.
    ``(II) Maximum amount.--
    ``(aa) In general.--Except
    as provided in item (bb), a
    State may assess a fee for
    activities under this clause
    equal to not more than $1,000
    against the owner or operator of
    a vessel that--
    ``(AA) has operated
    outside of that State; and
    ``(BB) arrives at a port
    or place of destination in
    the State (excluding
    movement entirely within a
    single port or place of
    destination).
    ``(bb) Vessels engaged in
    coastwise trade.--A State may
    assess against the owner or
    operator of a vessel registered
    in accordance with applicable
    Federal law and lawfully engaged
    in the coastwise trade not more
    than $5,000 in fees under this
    clause per vessel during a
    calendar year.
    ``(III) Adjustment for inflation.--
    ``(aa) In general.--A State
    may adjust the amount of a fee
    authorized under this clause not
    more frequently than once every
    5 years to reflect the
    percentage by which the Consumer
    Price Index for All Urban
    Consumers published by the
    Department of Labor for the
    month of October immediately
    preceding the date of adjustment
    exceeds the Consumer Price Index
    for All Urban Consumers
    published by the Department of
    Labor for the month of October
    that immediately precedes the
    date that is 5 years before the
    date of adjustment.
    ``(bb) Effect of
    subclause.--Nothing in this
    subclause prevents a State from
    adjusting a fee in effect before
    the date of enactment of this
    subsection to the applicable
    maximum amount under subclause
    (II).
    ``(cc) Applicability.--This
    subclause applies only to
    increases in fees to amounts
    greater than the applicable
    maximum amount under subclause
    (II).
    ``(v) Alaska graywater.--Clause (i) shall not
    apply with respect to any discharge of graywater
    (as defined in section 1414 of the Consolidated
    Appropriations Act, 2001 (Public Law 106-554; 114
    Stat. 2763A-323)) from a passenger vessel (as
    defined in section 2101 of title 46, United States
    Code) in the State of Alaska (including all waters
    in the Alexander Archipelago) carrying 50 or more
    passengers.
    ``(vi) Preservation of authority.--Nothing in
    this subsection preempts any State law, public
    initiative, referendum, regulation, requirement,
    or other

    [[Page 4343]]

    State action, except as expressly provided in this
    subsection.
    ``(B) Established regimes.--Except as expressly
    provided in this subsection, nothing in this subsection
    affects the applicability to a vessel of any other
    provision of Federal law, including--
    ``(i) this section;
    ``(ii) section 311;
    ``(iii) the Act to Prevent Pollution from
    Ships (33 U.S.C. 1901 et seq.); and
    ``(iv) title X of the Coast Guard
    Authorization Act of 2010 (33 U.S.C. 3801 et
    seq.).
    ``(C) Permitting.--Effective beginning on the date
    of enactment of this subsection--
    ``(i) the Small Vessel General Permit is
    repealed; and
    ``(ii) the Administrator, or a State in the
    case of a permit program approved under section
    402, shall not require, or in any way modify, a
    permit under that section for--
    ``(I) any discharge that is subject
    to regulation under this subsection;
    ``(II) any discharge incidental to
    the normal operation of a vessel from a
    small vessel or fishing vessel,
    regardless of whether that discharge is
    subject to regulation under this
    subsection; or
    ``(III) any discharge described in
    paragraph (2)(B)(ii).
    ``(D) No effect on civil or criminal actions.--
    Nothing in this subsection, or any standard, regulation,
    or requirement established under this subsection,
    modifies or otherwise affects, preempts, or displaces--
    ``(i) any cause of action; or
    ``(ii) any provision of Federal or State law
    establishing a remedy for civil relief or criminal
    penalty.
    ``(E) No effect on certain secretarial authority.--
    Nothing in this subsection affects the authority of the
    Secretary of Commerce or the Secretary of the Interior
    to administer any land or waters under the
    administrative control of the Secretary of Commerce or
    the Secretary of the Interior, respectively.
    ``(F) No limitation on state inspection authority.--
    Nothing in this subsection limits the authority of a
    State to inspect a vessel pursuant to paragraph
    (5)(A)(iii) in order to monitor compliance with an
    applicable requirement of this section.
    ``(10) Additional regional requirements.--
    ``(A) Minimum great lakes system requirements.--
    ``(i) In general.--Except as provided in
    clause (ii), the owner or operator of a vessel
    entering the St. Lawrence Seaway through the mouth
    of the St. Lawrence River shall conduct a complete
    ballast water exchange or saltwater flush--
    ``(I) not less than 200 nautical
    miles from any shore for a voyage
    originating outside the United States or
    Canadian exclusive economic zone; or

    [[Page 4344]]

    ``(II) not less than 50 nautical
    miles from any shore for a voyage
    originating within the United States or
    Canadian exclusive economic zone.
    ``(ii) Exceptions.--Clause (i) shall not apply
    to a vessel if--
    ``(I) complying with an applicable
    requirement of clause (i)--
    ``(aa) would compromise the
    safety of the vessel; or
    ``(bb) is otherwise
    prohibited by any Federal,
    Canadian, or international law
    (including regulations)
    pertaining to vessel safety;
    ``(II) design limitations of the
    vessel prevent a ballast water exchange
    from being conducted in accordance with
    an applicable requirement of clause (i);
    ``(III) the vessel--
    ``(aa) is certified by the
    Secretary as having no residual
    ballast water or sediments
    onboard; or
    ``(bb) retains all ballast
    water while in waters subject to
    the requirement; or
    ``(IV) empty ballast tanks on the
    vessel are sealed and certified by the
    Secretary in a manner that ensures
    that--
    ``(aa) no discharge or
    uptake occurs; and
    ``(bb) any subsequent
    discharge of ballast water is
    subject to the requirement.
    ``(B) Enhanced great lakes system requirements.--
    ``(i) Petitions by governors for proposed
    enhanced standards and requirements.--
    ``(I) In general.--The Governor of a
    Great Lakes State (or a State employee
    designee) may submit a petition in
    accordance with subclause (II) to
    propose that other Governors of Great
    Lakes States endorse an enhanced
    standard of performance or other
    requirement with respect to any
    discharge that--
    ``(aa) is subject to
    regulation under this
    subsection; and
    ``(bb) occurs within the
    Great Lakes System.
    ``(II) Submission.--A Governor shall
    submit a petition under subclause (I),
    in writing, to--
    ``(aa) the Executive
    Director of the Great Lakes
    Commission, in such manner as
    may be prescribed by the Great
    Lakes Commission;
    ``(bb) the Governor of each
    other Great Lakes State; and
    ``(cc) the Director of the
    Great Lakes National Program
    Office established by section
    118(b).
    ``(III) Preliminary assessment by
    great lakes commission.--
    ``(aa) In general.--After
    the date of receipt of a
    petition under subclause
    (II)(aa), the Great Lakes
    Commission (acting through

    [[Page 4345]]

    the Great Lakes Panel on Aquatic
    Nuisance Species, to the maximum
    extent practicable) may develop
    a preliminary assessment
    regarding each enhanced standard
    of performance or other
    requirement described in the
    petition.
    ``(bb) Provisions.--The
    preliminary assessment developed
    by the Great Lakes Commission
    under item (aa)--
    ``(AA) may be developed
    in consultation with
    relevant experts and
    stakeholders;
    ``(BB) may be narrative
    in nature;
    ``(CC) may include the
    preliminary views, if any,
    of the Great Lakes
    Commission on the propriety
    of the proposed enhanced
    standard of performance or
    other requirement;
    ``(DD) shall be
    submitted, in writing, to
    the Governor of each Great
    Lakes State and the Director
    of the Great Lakes National
    Program Office and published
    on the internet website of
    the Great Lakes National
    Program Office; and
    ``(EE) except as
    provided in clause (iii),
    shall not be taken into
    consideration, or provide a
    basis for review, by the
    Administrator or the
    Secretary for purposes of
    that clause.
    ``(ii) Proposed enhanced standards and
    requirements.--
    ``(I) Publication in federal
    register.--
    ``(aa) Request by
    governor.--Not earlier than the
    date that is 90 days after the
    date on which the Executive
    Director of the Great Lakes
    Commission receives from a
    Governor of a Great Lakes State
    a petition under clause
    (i)(II)(aa), the Governor may
    request the Director of the
    Great Lakes National Program
    Office to publish, for a period
    requested by the Governor of not
    less than 30 days, and the
    Director shall so publish, in
    the Federal Register for public
    comment--
    ``(AA) a copy of the
    petition; and
    ``(BB) if applicable as
    of the date of publication,
    any preliminary assessment
    of the Great Lakes
    Commission developed under
    clause (i)(III) relating to
    the petition.
    ``(bb) Review of public
    comments.--On receipt of a
    written request of a Governor of
    a Great Lakes State, the
    Director of the Great Lakes
    National Program Office shall
    make available all public
    comments received in response to
    the notice under item (aa).

    [[Page 4346]]

    ``(cc) No response
    required.--Notwithstanding any
    other provision of law, a
    Governor of a Great Lakes State
    or the Director of the Great
    Lakes National Program Office
    shall not be required to provide
    a response to any comment
    received in response to the
    publication of a petition or
    preliminary assessment under
    item (aa).
    ``(dd) Purpose.--Any public
    comments received in response to
    the publication of a petition or
    preliminary assessment under
    item (aa) shall be used solely
    for the purpose of providing
    information and feedback to the
    Governor of each Great Lakes
    State regarding the decision to
    endorse the proposed standard or
    requirement.
    ``(ee) Effect of petition.--
    A proposed standard or
    requirement developed under
    subclause (II) may differ from
    the proposed standard or
    requirement described in a
    petition published under item
    (aa).
    ``(II) Coordination to develop
    proposed standard or requirement.--After
    the expiration of the public comment
    period for the petition under subclause
    (I), any interested Governor of a Great
    Lakes State may work in coordination
    with the Great Lakes Commission to
    develop a proposed standard of
    performance or other requirement
    applicable to a discharge referred to in
    the petition.
    ``(III) Requirements.--A proposed
    standard of performance or other
    requirement under subclause (II)--
    ``(aa) shall be developed--
    ``(AA) in consultation
    with representatives from
    the Federal and provincial
    governments of Canada;
    ``(BB) after notice and
    opportunity for public
    comment on the petition
    published under subclause
    (I); and
    ``(CC) taking into
    consideration the
    preliminary assessment, if
    any, of the Great Lakes
    Commission under clause
    (i)(III);
    ``(bb) shall be specifically
    endorsed in writing by--
    ``(AA) the Governor of
    each Great Lakes State, if
    the proposed standard or
    requirement would impose any
    additional equipment
    requirement on a vessel; or
    ``(BB) not fewer than 5
    Governors of Great Lakes
    States, if the proposed
    standard or requirement
    would not impose any
    additional equipment
    requirement on a vessel; and
    ``(cc) in the case of a
    proposed requirement to prohibit
    1 or more types of discharge
    regulated under this subsection,
    whether treated

    [[Page 4347]]

    or not treated, into waters
    within the Great Lakes System,
    shall not apply outside the
    waters of the Great Lakes States
    of the Governors endorsing the
    proposed requirement under item
    (bb).
    ``(iii) Promulgation by administrator and
    secretary.--
    ``(I) Submission.--
    ``(aa) In general.--The
    Governors endorsing a proposed
    standard or requirement under
    clause (ii)(III)(bb) may jointly
    submit to the Administrator and
    the Secretary for approval each
    proposed standard of performance
    or other requirement developed
    and endorsed pursuant to clause
    (ii).
    ``(bb) Inclusion.--Each
    submission under item (aa) shall
    include an explanation regarding
    why the applicable standard of
    performance or other requirement
    is--
    ``(AA) at least as
    stringent as a comparable
    standard of performance or
    other requirement under this
    subsection;
    ``(BB) in accordance
    with maritime safety; and
    ``(CC) in accordance
    with applicable maritime and
    navigation laws and
    regulations.
    ``(cc) Withdrawal.--
    ``(AA) In general.--The
    Governor of any Great Lakes
    State that endorses a
    proposed standard or
    requirement under clause
    (ii)(III)(bb) may withdraw
    the endorsement by not later
    than the date that is 90
    days after the date on which
    the Administrator and the
    Secretary receive the
    proposed standard or
    requirement.
    ``(BB) Effect on federal
    review.--If, after the
    withdrawal of an endorsement
    under subitem (AA), the
    proposed standard or
    requirement does not have
    the applicable number of
    endorsements under clause
    (ii)(III)(bb), the
    Administrator and the
    Secretary shall terminate
    the review under this
    clause.
    ``(dd) Dissenting
    opinions.--The Governor of a
    Great Lakes State that does not
    endorse a proposed standard or
    requirement under clause
    (ii)(III)(bb) may submit to the
    Administrator and the Secretary
    any dissenting opinions of the
    Governor.
    ``(II) Joint notice.--On receipt of
    a proposed standard of performance or
    other requirement under subclause (I),
    the Administrator and the Secretary
    shall publish in the Federal Register a
    joint notice that, at minimum--

    [[Page 4348]]

    ``(aa) states that the
    proposed standard or requirement
    is publicly available; and
    ``(bb) provides an
    opportunity for public comment
    regarding the proposed standard
    or requirement during the 90-day
    period beginning on the date of
    receipt by the Administrator and
    the Secretary of the proposed
    standard or requirement.
    ``(III) Review.--
    ``(aa) In general.--As soon
    as practicable after the date of
    publication of a joint notice
    under subclause (II)--
    ``(AA) the Administrator
    shall commence a review of
    each proposed standard of
    performance or other
    requirement covered by the
    notice to determine whether
    that standard or requirement
    is at least as stringent as
    comparable standards and
    requirements under this
    subsection; and
    ``(BB) the Secretary
    shall commence a review of
    each proposed standard of
    performance or other
    requirement covered by the
    notice to determine whether
    that standard or requirement
    is in accordance with
    maritime safety and
    applicable maritime and
    navigation laws and
    regulations.
    ``(bb) Consultation.--In
    carrying out item (aa), the
    Administrator and the
    Secretary--
    ``(AA) shall consult
    with the Governor of each
    Great Lakes State and
    representatives from the
    Federal and provincial
    governments of Canada;
    ``(BB) shall take into
    consideration any relevant
    data or public comments
    received under subclause
    (II)(bb); and
    ``(CC) shall not take
    into consideration any
    preliminary assessment by
    the Great Lakes Commission
    under clause (i)(III), or
    any dissenting opinion under
    subclause (I)(dd), except to
    the extent that such an
    assessment or opinion is
    relevant to the criteria for
    the applicable determination
    under item (aa).
    ``(IV) Approval or disapproval.--Not
    later than 180 days after the date of
    receipt of each proposed standard of
    performance or other requirement under
    subclause (I), the Administrator and the
    Secretary shall--
    ``(aa) determine, as
    applicable, whether each
    proposed standard or other
    requirement satisfies the
    criteria under subclause
    (III)(aa);
    ``(bb) approve each proposed
    standard or other requirement,
    unless the Administrator or the
    Secretary, as applicable,
    determines under item (aa) that
    the proposed standard

    [[Page 4349]]

    or other requirement does not
    satisfy the criteria under
    subclause (III)(aa); and
    ``(cc) submit to the
    Governor of each Great Lakes
    State, and publish in the
    Federal Register, a notice of
    the determination under item
    (aa).
    ``(V) Action on disapproval.--
    ``(aa) Rationale and
    recommendations.--If the
    Administrator and the Secretary
    disapprove a proposed standard
    of performance or other
    requirement under subclause
    (IV)(bb), the notices under
    subclause (IV)(cc) shall
    include--
    ``(AA) a description of
    the reasons why the standard
    or requirement is, as
    applicable, less stringent
    than a comparable standard
    or requirement under this
    subsection, inconsistent
    with maritime safety, or
    inconsistent with applicable
    maritime and navigation laws
    and regulations; and
    ``(BB) any
    recommendations regarding
    changes the Governors of the
    Great Lakes States could
    make to conform the
    disapproved portion of the
    standard or requirement to
    the requirements of this
    subparagraph.
    ``(bb) Review.--Disapproval
    of a proposed standard or
    requirement by the Administrator
    and the Secretary under this
    subparagraph shall be considered
    to be a final agency action
    subject to judicial review under
    section 509.
    ``(VI) Action on approval.--On
    approval by the Administrator and the
    Secretary of a proposed standard of
    performance or other requirement under
    subclause (IV)(bb)--
    ``(aa) the Administrator
    shall establish, by regulation,
    the proposed standard or
    requirement within the Great
    Lakes System in lieu of any
    comparable standard or other
    requirement promulgated under
    paragraph (4); and
    ``(bb) the Secretary shall
    establish, by regulation, any
    requirements necessary to
    implement, ensure compliance
    with, and enforce the standard
    or requirement under item (aa),
    or to apply the proposed
    requirement, within the Great
    Lakes System in lieu of any
    comparable requirement
    promulgated under paragraph (5).
    ``(VII) No judicial review for
    certain actions.--An action or inaction
    of a Governor of a Great Lakes State or
    the Great Lakes Commission under this
    subparagraph shall not be subject to
    judicial review.
    ``(VIII) Great lakes compact.--
    Nothing in this subsection limits,
    alters, or amends the Great Lakes
    Compact to which Congress granted
    consent

    [[Page 4350]]

    in the Act of July 24, 1968 (Public Law
    90-419; 82 Stat. 414).
    ``(IX) Authorization of
    appropriations.--There is authorized to
    be appropriated to the Great Lakes
    Commission $5,000,000, to be available
    until expended.
    ``(C) Minimum pacific region requirements.--
    ``(i) Definition of commercial vessel.--In
    this subparagraph, the term `commercial vessel'
    means a vessel operating between--
    ``(I) 2 ports or places of
    destination within the Pacific Region;
    or
    ``(II) a port or place of
    destination within the Pacific Region
    and a port or place of destination on
    the Pacific Coast of Canada or Mexico
    north of parallel 20 degrees north
    latitude, inclusive of the Gulf of
    California.
    ``(ii) Ballast water exchange.--
    ``(I) In general.--Except as
    provided in subclause (II) and clause
    (iv), the owner or operator of a
    commercial vessel shall conduct a
    complete ballast water exchange in
    waters more than 50 nautical miles from
    shore.
    ``(II) Exemptions.--Subclause (I)
    shall not apply to a commercial vessel--
    ``(aa) using, in compliance
    with applicable requirements, a
    type-approved ballast water
    management system approved by
    the Secretary; or
    ``(bb) voyaging--
    ``(AA) between or to a
    port or place of destination
    in the State of Washington,
    if the ballast water to be
    discharged from the
    commercial vessel originated
    solely from waters located
    between the parallel 46
    degrees north latitude,
    including the internal
    waters of the Columbia
    River, and the internal
    waters of Canada south of
    parallel 50 degrees north
    latitude, including the
    waters of the Strait of
    Georgia and the Strait of
    Juan de Fuca;
    ``(BB) between ports or
    places of destination in the
    State of Oregon, if the
    ballast water to be
    discharged from the
    commercial vessel originated
    solely from waters located
    between the parallel 40
    degrees north latitude and
    the parallel 50 degrees
    north latitude;
    ``(CC) between ports or
    places of destination in the
    State of California within
    the San Francisco Bay area
    east of the Golden Gate
    Bridge, including the Port
    of Stockton and the Port of
    Sacramento, if the ballast
    water to be discharged from
    the commercial vessel
    originated solely from ports
    or places within that area;

    [[Page 4351]]

    ``(DD) between the Port
    of Los Angeles, the Port of
    Long Beach, and the El
    Segundo offshore marine oil
    terminal, if the ballast
    water to be discharged from
    the commercial vessel
    originated solely from the
    Port of Los Angeles, the
    Port of Long Beach, or the
    El Segundo offshore marine
    oil terminal;
    ``(EE) between a port or
    place of destination in the
    State of Alaska within a
    single Captain of the Port
    Zone;
    ``(FF) between ports or
    places of destination in
    different counties of the
    State of Hawaii, if the
    vessel may conduct a
    complete ballast water
    exchange in waters that are
    more than 10 nautical miles
    from shore and at least 200
    meters deep; or
    ``(GG) between ports or
    places of destination within
    the same county of the State
    of Hawaii, if the vessel
    does not transit outside
    State marine waters during
    the voyage.
    ``(iii) Low-salinity ballast water.--
    ``(I) In general.--Except as
    provided in subclause (II) and clause
    (iv), the owner or operator of a
    commercial vessel that transports
    ballast water sourced from waters with a
    measured salinity of less than 18 parts
    per thousand and voyages to a Pacific
    Region port or place of destination with
    a measured salinity of less than 18
    parts per thousand shall conduct a
    complete ballast water exchange--
    ``(aa) not less than 50
    nautical miles from shore, if
    the ballast water was sourced
    from a Pacific Region port or
    place of destination; or
    ``(bb) more than 200
    nautical miles from shore, if
    the ballast water was not
    sourced from a Pacific Region
    port or place of destination.
    ``(II) Exception.--Subclause (I)
    shall not apply to a commercial vessel
    voyaging to a port or place of
    destination in the Pacific Region that
    is using, in compliance with applicable
    requirements, a type-approved ballast
    water management system approved by the
    Secretary to achieve standards of
    performance of--
    ``(aa) less than 1 organism
    per 10 cubic meters, if that
    organism--
    ``(AA) is living, or has
    not been rendered nonviable;
    and
    ``(BB) is 50 or more
    micrometers in minimum
    dimension;
    ``(bb) less than 1 organism
    per 10 milliliters, if that
    organism--
    ``(AA) is living, or has
    not been rendered nonviable;
    and

    [[Page 4352]]

    ``(BB) is more than 10,
    but less than 50,
    micrometers in minimum
    dimension;
    ``(cc) concentrations of
    indicator microbes that are less
    than--
    ``(AA) 1 colony-forming
    unit of toxicogenic Vibrio
    cholera (serotypes O1 and
    O139) per 100 milliliters or
    less than 1 colony-forming
    unit of that microbe per
    gram of wet weight of
    zoological samples;
    ``(BB) 126 colony-
    forming units of escherichia
    coli per 100 milliliters;
    and
    ``(CC) 33 colony-forming
    units of intestinal
    enterococci per 100
    milliliters; and
    ``(dd) concentrations of
    such additional indicator
    microbes and viruses as may be
    specified in the standards of
    performance established by the
    Administrator under paragraph
    (4).
    ``(iv) General exceptions.--The requirements
    of clauses (ii) and (iii) shall not apply to a
    commercial vessel if--
    ``(I) complying with the requirement
    would compromise the safety of the
    commercial vessel;
    ``(II) design limitations of the
    commercial vessel prevent a ballast
    water exchange from being conducted in
    accordance with clause (ii) or (iii), as
    applicable;
    ``(III) the commercial vessel--
    ``(aa) is certified by the
    Secretary as having no residual
    ballast water or sediments
    onboard; or
    ``(bb) retains all ballast
    water while in waters subject to
    those requirements; or
    ``(IV) empty ballast tanks on the
    commercial vessel are sealed and
    certified by the Secretary in a manner
    that ensures that--
    ``(aa) no discharge or
    uptake occurs; and
    ``(bb) any subsequent
    discharge of ballast water is
    subject to those requirements.
    ``(D) Establishment of state no-discharge zones.--
    ``(i) State prohibition.--Subject to clause
    (ii), after the effective date of regulations
    promulgated by the Secretary under paragraph (5),
    if any State determines that the protection and
    enhancement of the quality of some or all of the
    waters within the State require greater
    environmental protection, the State may prohibit 1
    or more types of discharge regulated under this
    subsection, whether treated or not treated, into
    such waters.
    ``(ii) Applicability.--A prohibition by a
    State under clause (i) shall not apply until the
    date on which the Administrator makes the
    applicable determinations described in clause
    (iii).
    ``(iii) Prohibition by administrator.--
    ``(I) Determination.--On application
    of a State, the Administrator, in
    concurrence with the

    [[Page 4353]]

    Secretary (subject to subclause (II)),
    shall, by regulation, prohibit the
    discharge from a vessel of 1 or more
    discharges subject to regulation under
    this subsection, whether treated or not
    treated, into the waters covered by the
    application if the Administrator
    determines that--
    ``(aa) prohibition of the
    discharge would protect and
    enhance the quality of the
    specified waters within the
    State;
    ``(bb) adequate facilities
    for the safe and sanitary
    removal and treatment of the
    discharge are reasonably
    available for the water and all
    vessels to which the prohibition
    would apply;
    ``(cc) the discharge can be
    safely collected and stored
    until a vessel reaches a
    discharge facility or other
    location; and
    ``(dd) in the case of an
    application for the prohibition
    of discharges of ballast water
    in a port (or in any other
    location where cargo,
    passengers, or fuel are loaded
    and unloaded)--
    ``(AA) the adequate
    facilities described in item
    (bb) are reasonably
    available for commercial
    vessels, after considering,
    at a minimum, water depth,
    dock size, pumpout facility
    capacity and flow rate,
    availability of year-round
    operations, proximity to
    navigation routes, and the
    ratio of pumpout facilities
    to the population and
    discharge capacity of
    commercial vessels operating
    in those waters; and
    ``(BB) the prohibition
    will not unreasonably
    interfere with the safe
    loading and unloading of
    cargo, passengers, or fuel.
    ``(II) Concurrence with secretary.--
    ``(aa) Request.--The
    Administrator shall submit to
    the Secretary a request for
    written concurrence with respect
    to a prohibition under subclause
    (I).
    ``(bb) Effect of failure to
    concur.--A failure by the
    Secretary to concur with the
    Administrator under subclause
    (I) by the date that is 60 days
    after the date on which the
    Administrator submits a request
    for concurrence under item (aa)
    shall not prevent the
    Administrator from prohibiting
    the relevant discharge in
    accordance with subclause (III),
    subject to the condition that
    the Administrator shall include
    in the administrative record of
    the promulgation--
    ``(AA) documentation of
    the request submitted under
    item (aa); and
    ``(BB) the response of
    the Administrator to any
    written objections received
    from the Secretary relating
    to the proposed standard of
    performance during the

    [[Page 4354]]

    60-day period beginning on
    the date of submission of
    the request.
    ``(III) Timing.--The Administrator
    shall approve or disapprove an
    application submitted under subclause
    (I) by not later than 90 days after the
    date on which the application is
    submitted to the Administrator.
    ``(E) Maintenance in effect of more-stringent
    standards.--In any case in which a requirement
    established under this paragraph is more stringent or
    environmentally protective than a comparable requirement
    established under paragraph (4), (5), or (6), the more-
    stringent or more-protective requirement shall
    control.''.
    (2) Repeals.--
    (A) <>  In general.--
    Effective beginning on the date of enactment of this
    Act, the following provisions of law are repealed:
    (i) Section 1101 of the Nonindigenous Aquatic
    Nuisance Prevention and Control Act of 1990 (16
    U.S.C. 4711).
    (ii) Public Law 110-299 (33 U.S.C. 1342 note).
    (B) Conforming amendments.--Section 1102 of the
    Nonindigenous Aquatic Nuisance Prevention and Control
    Act of 1990 (16 U.S.C. 4712) is amended--
    (i) in subsection (c)(1), by inserting ``(as
    in effect on the day before the date of enactment
    of the Vessel Incidental Discharge Act of 2018)''
    after ``section 1101(b)''; and
    (ii) in subsection (f)(1)(B), by inserting
    ``(as in effect on the day before the date of
    enactment of the Vessel Incidental Discharge Act
    of 2018)'' after ``section 1101(c)''.

    (b) Regulations for Use of Marine Pollution Control Devices.--
    Section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322)
    is amended--
    (1) by striking the section designation and heading and all
    that follows through ``For the purpose of'' in subsection (a)
    and inserting the following:
    ``SEC. 312. MARINE SANITATION DEVICES; DISCHARGES INCIDENTAL TO
    THE NORMAL OPERATION OF VESSELS.

    ``(a) Definitions.--In'';
    (2) in subsection (a)--
    (A) in paragraph (7), by striking ``devices or of
    vessels'' and inserting ``devices, marine pollution
    control device equipment, or vessels''; and
    (B) in paragraph (13), in the matter preceding
    subparagraph (A), by inserting ``, except as provided in
    subsection (p),'' after ``means'';
    (3) in subsection (g)--
    (A) by inserting ``or marine pollution control
    device equipment'' after ``marine sanitation device''
    each place it appears;
    (B) in paragraph (1)--
    (i) by inserting ``or equipment'' after ``such
    device''; and

    [[Page 4355]]

    (ii) by inserting ``or equipment'' after
    ``test device''; and
    (C) in paragraph (2)--
    (i) by inserting ``or equipment'' after ``the
    device'' each place it appears; and
    (ii) in the fourth sentence, by inserting ``or
    equipment'' after ``device'' each place it
    appears; and
    (4) in subsection (h)--
    (A) in paragraph (1), by inserting ``and marine
    pollution control device equipment'' after ``marine
    sanitation device'';
    (B) in paragraph (2), by inserting ``or any
    certified marine pollution control device equipment or
    element of design of such equipment'' after ``such
    device'';
    (C) by redesignating paragraphs (1) through (4) as
    subparagraphs (A) through (D), respectively, and
    indenting the subparagraphs appropriately;
    (D) by striking ``(h) After'' and inserting the
    following:

    ``(h) Sale and Resale of Properly Equipped Vessels; Operability of
    Certified Marine Sanitation Devices.--
    ``(1) In general.--Subject to paragraph (2), after''; and
    (E) by adding at the end the following:
    ``(2) Effect of subsection.--Nothing in this subsection
    requires certification of a marine pollution control device for
    use on any vessel of the Armed Forces.''.

    (c) Enforcement Authority.--
    (1) In general.--Section 312(k) of the Federal Water
    Pollution Control Act (33 U.S.C. 1322(k)) is amended--
    (A) by striking the second sentence and inserting
    the following:
    ``(3) States.--
    ``(A) In general.--This section may be enforced by a
    State or political subdivision of a State (including the
    attorney general of a State), including by filing a
    civil action in an appropriate Federal district court to
    enforce any violation of subsection (p).
    ``(B) Jurisdiction.--The appropriate Federal
    district court shall have jurisdiction with respect to a
    civil action filed pursuant to subparagraph (A), without
    regard to the amount in controversy or the citizenship
    of the parties--
    ``(i) to enforce the requirements of this
    section; and
    ``(ii) to apply appropriate civil penalties
    under this section or section 309(d), as
    appropriate.'';
    (B) by striking ``(k) The provisions of this'' and
    inserting the following:

    ``(k) Enforcement Authority.--
    ``(1) Administrator.--This section shall be enforced by the
    Administrator, to the extent provided in section 309.
    ``(2) Secretary.--
    ``(A) In general.--This''; and
    (C) in paragraph (2) (as so designated)--
    (i) in subparagraph (A), by striking
    ``operating and he may utilize by agreement'' and
    inserting ``operating, who may use, by
    agreement''; and
    (ii) by adding at the end the following:
    ``(B) Inspections.--For purposes of ensuring
    compliance with this section, the Secretary--

    [[Page 4356]]

    ``(i) may carry out an inspection (including
    the taking of ballast water samples) of any vessel
    at any time; and
    ``(ii) shall--
    ``(I) establish procedures for--
    ``(aa) reporting violations
    of this section; and
    ``(bb) accumulating evidence
    regarding those violations; and
    ``(II) use appropriate and
    practicable measures of detection and
    environmental monitoring of vessels.
    ``(C) Detention.--The Secretary may detain a vessel
    if the Secretary--
    ``(i) has reasonable cause to believe that the
    vessel--
    ``(I) has failed to comply with an
    applicable requirement of this section;
    or
    ``(II) is being operated in
    violation of such a requirement; and
    ``(ii) the Secretary provides to the owner or
    operator of the vessel a notice of the intent to
    detain.''.
    (2) Preservation of federal enforcement authority.--Section
    309 of the Federal Water Pollution Control Act (33 U.S.C. 1319)
    is amended--
    (A) in subsection (a)(3), by striking ``318'' and
    inserting ``312(p), 318'';
    (B) in subsection (c), by striking ``318'' each
    place it appears and inserting ``312(p), 318'';
    (C) in subsection (d), in the first sentence--
    (i) by striking ``318'' and inserting
    ``312(p), 318,''; and
    (ii) by striking ``State,,'' and inserting
    ``State,''; and
    (D) in subsection (g)(1)(A), by striking ``318'' and
    inserting ``312(p), 318''.
    (3) Preservation of public enforcement authority.--Section
    505(f) of the Federal Water Pollution Control Act (33 U.S.C.
    1365(f)) is amended by striking ``(5) certification'' and all
    that follows through the period at the end and inserting the
    following: ``(5) a standard of performance or requirement under
    section 312(p); (6) a certification under section 401; (7) a
    permit or condition of a permit issued under section 402 that is
    in effect under this Act (including a requirement applicable by
    reason of section 313); or (8) a regulation under section
    405(d).''.
    (4) Review.--Section 509(b) of the Federal Water Pollution
    Control Act (33 U.S.C. 1369(b)) is amended by adding at the end
    the following:
    ``(4) Discharges incidental to normal operation of
    vessels.--
    ``(A) In general.--Except as provided in
    subparagraph (B), any interested person may file a
    petition for review of a final agency action under
    section 312(p) of the Administrator or the Secretary of
    the department in which the Coast Guard is operating in
    accordance with the requirements of this subsection.

    [[Page 4357]]

    ``(B) Venue exception.--Subject to section
    312(p)(7)(C)(v), a petition for review of a final agency
    action under section 312(p) of the Administrator or the
    Secretary of the department in which the Coast Guard is
    operating may be filed only in the United States Court
    of Appeals for the District of Columbia Circuit.''.

    (d) Logbook Requirements.--Section 11301(b) of title 46, United
    States Code, is amended by adding at the end the following:
    ``(13) when a vessel fails to carry out ballast water
    management requirements as applicable and pursuant to
    regulations promulgated by the Secretary, including when the
    vessel fails to carry out ballast water management requirements
    due to an allowed safety exemption, a statement regarding the
    failure to comply and the circumstances under which the failure
    occurred, made immediately after the failure, when practicable
    to do so.''.

    (e) Quagga Mussel.--Section 42(a)(1) of title 18, United States
    Code, is amended, in the first sentence, by inserting ``of the quagga
    mussel of the species Dreissena rostriformis or Dreissena bugensis;''
    after ``Dreissena polymorpha;''.
    (f) <> Coastal Aquatic Invasive Species
    Mitigation Grant Program and Mitigation Fund.--
    (1) Definitions.--In this subsection:
    (A) Coastal zone.--The term ``coastal zone'' has the
    meaning given the term in section 304 of the Coastal
    Zone Management Act of 1972 (16 U.S.C. 1453).
    (B) Eligible entity.--The term ``eligible entity''
    means--
    (i) a State;
    (ii) a unit of local government;
    (iii) an Indian Tribe;
    (iv) a nongovernmental organization; and
    (v) an institution of higher education.
    (C) Exclusive economic zone.--The term ``Exclusive
    Economic Zone'' means the Exclusive Economic Zone of the
    United States, as established by Presidential
    Proclamation 5030, dated March 10, 1983 (16 U.S.C. 1453
    note).
    (D) Foundation.--The term ``Foundation'' means the
    National Fish and Wildlife Foundation established by
    section 2(a) of the National Fish and Wildlife
    Foundation Establishment Act (16 U.S.C. 3701(a)).
    (E) Fund.--The term ``Fund'' means the Coastal
    Aquatic Invasive Species Mitigation Fund established by
    paragraph (3)(A).
    (F) Program.--The term ``Program'' means the Coastal
    Aquatic Invasive Species Mitigation Grant Program
    established under paragraph (2)(A).
    (G) Secretary.--The term ``Secretary'' means the
    Secretary of Commerce.
    (2) Grant program.--
    (A) Establishment.--The Secretary and the Foundation
    shall establish a program, to be known as the ``Coastal
    Aquatic Invasive Species Mitigation Grant Program'',
    under which the Secretary and the Foundation shall award
    grants to eligible entities in accordance with this
    paragraph.
    (B) Purposes.--The purposes of the Program are--

    [[Page 4358]]

    (i) to improve the understanding, prevention,
    and mitigation of, and response to, aquatic
    invasive species in--
    (I) the coastal zone; and
    (II) the Exclusive Economic Zone;
    (ii) to support the prevention and mitigation
    of impacts from aquatic invasive species in the
    coastal zone; and
    (iii) to support the restoration of Pacific
    Island habitats, marine, estuarine, and Great
    Lakes environments in the coastal zone and the
    Exclusive Economic Zone that are impacted by
    aquatic invasive species.
    (C) Use of grants.--
    (i) In general.--A grant awarded under the
    Program shall be used for an activity to carry out
    the purposes of the Program, including an
    activity--
    (I) to develop and implement
    procedures and programs, including
    permissible State ballast water
    inspection programs, to prevent, detect,
    control, mitigate, and rapidly or
    progressively eradicate aquatic invasive
    species in the coastal zone or the
    Exclusive Economic Zone, particularly in
    areas with high numbers of established
    aquatic invasive species;
    (II) to restore habitat impacted by
    an aquatic invasive species;
    (III) to develop new shipboard and
    land-based ballast water treatment
    system technologies and performance
    standards to prevent the introduction of
    aquatic invasive species;
    (IV) to develop mitigation measures
    to protect natural and cultural living
    resources, including shellfish, from the
    impacts of aquatic invasive species; or
    (V) to develop mitigation measures
    to protect infrastructure, such as
    hydroelectric infrastructure, from
    aquatic invasive species.
    (ii) Prohibition on funding litigation.--A
    grant awarded under the Program may not be used to
    fund litigation in any matter.
    (D) Administration.--Not later than 90 days after
    the date of enactment of this Act, the Foundation, in
    consultation with the Secretary, shall establish the
    following:
    (i) Application and review procedures for
    awarding grants under the Program.
    (ii) Approval procedures for awarding grants
    under the Program, including a requirement for
    consultation with--
    (I) the Secretary of the Interior;
    and
    (II) the Administrator.
    (iii) Performance accountability and
    monitoring measures for activities funded by a
    grant awarded under the Program.
    (iv) Procedures and methods to ensure accurate
    accounting and appropriate administration of
    grants awarded under the Program, including
    standards of recordkeeping.

    [[Page 4359]]

    (E) Matching requirement.--Each eligible entity that
    receives a grant under the Program shall provide, in
    cash or through in-kind contributions from non-Federal
    sources, matching funds to carry out the activities
    funded by the grant in an amount equal to not less than
    25 percent of the cost of the activities.
    (F) Funding.--The Secretary and the Foundation are
    authorized to use the amounts available in the Fund to
    award grants under the Program.
    (3) Mitigation fund.--
    (A) Establishment.--There is established in the
    Treasury of the United States a trust fund, to be known
    as the ``Coastal Aquatic Invasive Species Mitigation
    Fund'', consisting of such amounts as are appropriated
    or credited to the Fund in accordance with this
    paragraph or section 9602 of the Internal Revenue Code
    of 1986.
    (B) Transfers to fund.--
    (i) Appropriation.--There is authorized to be
    appropriated from the Treasury to the Fund, for
    each fiscal year, an amount equal to the amount of
    penalties assessed for violations of subsection
    (p) of section 312 of the Federal Water Pollution
    Control Act (33 U.S.C. 1322) during the preceding
    fiscal year.
    (ii) Additional authorization.--In addition to
    the amounts transferred to the Fund under clause
    (i), there is authorized to be appropriated to the
    Fund $5,000,000 for each fiscal year.
    (C) Use of fund.--Subject to appropriations, the
    amounts in the Fund shall be available to the Secretary
    and the Foundation to award grants under the Program.

    (g) <>  Great Lakes and Lake Champlain Invasive
    Species Program.--
    (1) Definitions.--In this subsection:
    (A) Administrator.--The term ``Administrator'' means
    the Administrator of the Environmental Protection
    Agency.
    (B) Aquatic nuisance species.--The term ``aquatic
    nuisance species'' has the meaning given that term in
    subsection (p)(1) of section 312 of the Federal Water
    Pollution Control Act (33 U.S.C. 1322).
    (C) Director.--The term ``Director'' means the
    Director of the Great Lakes National Program Office
    established by section 118(b) of the Federal Water
    Pollution Control Act (33 U.S.C. 1268(b)).
    (D) Great lakes and lake champlain systems.--The
    term ``Great Lakes and Lake Champlain Systems''
    includes--
    (i) Lake Champlain; and
    (ii) all bodies of water (including wetlands)
    within--
    (I) the Great Lakes System (as
    defined in section 118(a)(3) of the
    Federal Water Pollution Control Act (33
    U.S.C. 1268(a)(3))); or
    (II) the Lake Champlain drainage
    basin (as defined in section 120(g) of
    the Federal Water Pollution Control Act
    (33 U.S.C. 1270(g))).

    [[Page 4360]]

    (E) Program.--The term ``Program'' means the Great
    Lakes and Lake Champlain Invasive Species Program
    established under paragraph (2)(A).
    (2) Establishment of program.--
    (A) In general.--The Administrator shall establish
    within the Great Lakes National Program Office a
    program, to be known as the ``Great Lakes and Lake
    Champlain Invasive Species Program''--
    (i) in collaboration with--
    (I) the Director of the United
    States Fish and Wildlife Service;
    (II) the Administrator of the
    National Oceanic and Atmospheric
    Administration;
    (III) the Director of the United
    States Geological Survey; and
    (IV) the Secretary of the department
    in which the Coast Guard is operating;
    and
    (ii) in consultation with--
    (I) the head of Great Lakes Aquatic
    Nonindigenous Species Information System
    of the National Oceanic and Atmospheric
    Administration; and
    (II) the head of Great Lakes
    Environmental Research Laboratory of the
    National Oceanic and Atmospheric
    Administration.
    (B) Purposes.--The purposes of the Program shall
    be--
    (i) to monitor for the introduction and spread
    of aquatic nuisance species into or within the
    Great Lakes and Lake Champlain Systems;
    (ii) to detect newly introduced aquatic
    nuisance species prior to the establishment of the
    aquatic nuisance species in the Great Lakes and
    Lake Champlain Systems;
    (iii) to inform, and assist with, management
    and response actions to prevent or stop the
    establishment or spread of an aquatic nuisance
    species;
    (iv) to establish a watch list of candidate
    aquatic nuisance species that may be introduced or
    spread, and that may survive and establish, within
    the Great Lakes and Lake Champlain Systems;
    (v) to monitor vectors likely to be
    contributing to the introduction or spread of
    aquatic nuisance species, including ballast water
    operations;
    (vi) to work collaboratively with the Federal,
    State, local, and Tribal agencies to develop
    criteria for prioritizing and distributing
    monitoring efforts;
    (vii) to develop, achieve type approval for,
    and pilot shipboard or land-based ballast water
    management systems installed on, or available for
    use by, commercial vessels operating solely within
    the Great Lakes and Lake Champlain Systems to
    prevent the spread of aquatic nuisance species
    populations within the Great Lakes and Lake
    Champlain Systems; and
    (viii) to facilitate meaningful Federal and
    State implementation of the regulatory framework
    in this subsection, including monitoring,
    shipboard education, inspection, and compliance
    conducted by States.

    [[Page 4361]]

    (3) Methodology.--The Program shall seek--
    (A) to build on--
    (i) existing aquatic nuisance species
    monitoring efforts; and
    (ii) efforts to develop criteria for
    prioritizing and distributing monitoring efforts,
    geographically and among taxa, in the Great Lakes
    and Lake Champlain Systems;
    (B) to advance early detection and monitoring, and
    capacity to control the establishment and spread, of
    aquatic nuisance species within the Great Lakes and Lake
    Champlain Systems;
    (C) to identify opportunities to interdict the
    introduction and spread of aquatic nuisance species
    through sound science and technological advancements;
    (D) to assess the risk of aquatic nuisance species
    introduction and spread via the range of vectors active
    within the Great Lakes and Lake Champlain Systems;
    (E) to advance the development of type-approved
    ballast water management system (as defined in
    subsection (p)(1) of section 312 of the Federal Water
    Pollution Control Act (33 U.S.C. 1322) equipment for
    commercial, non-seagoing vessels that operate solely
    within the Great Lakes System (as defined in section
    118(a)(3) of the Federal Water Pollution Control Act (33
    U.S.C. 1268(a)(3)));
    (F) to immediately make available to the public
    information regarding--
    (i) the detection of new aquatic nuisance
    species within the Great Lakes and Lake Champlain
    Systems; or
    (ii) the spread of aquatic nuisance species
    within the Great Lakes and Lake Champlain Systems;
    (G) to annually submit to appropriate individuals
    and entities in each affected region a report describing
    the findings and activities of the Program;
    (H) to identify roles and responsibilities of
    Federal agencies in aquatic nuisance species monitoring
    and response; and
    (I) to provide resource assistance to States
    implementing State-level programs to enter into
    partnerships with Federal agencies in enforcing the
    requirements under subsection (p) of section 312 of the
    Federal Water Pollution Control Act (33 U.S.C. 1322).
    (4) Collaboration.--In carrying out and developing the
    Program, the Director shall collaborate with--
    (A) applicable Federal, State, local, and Tribal
    agencies; and
    (B) such other research entities or stakeholders as
    the Director determines to be appropriate.
    (5) Data availability.--The Director shall--
    (A) make the data collected under the Program
    available on a publicly accessible internet website,
    including in an annual summary report; and
    (B) in coordination with the entities identified
    under paragraph (4), develop communication and
    notification protocols for the purpose of communicating
    the range of aquatic nuisance species and any
    identification of a new

    [[Page 4362]]

    aquatic nuisance species introduced to the Great Lakes
    and Lake Champlain Systems.
    (6) Report to congress.--
    (A) In general.--Not later than December 31, 2019,
    the Director shall submit to Congress a report
    summarizing the outcomes of activities carried out under
    the Program.
    (B) Contents.--The report under subparagraph (A)
    shall include--
    (i) a description of activities carried out
    under the Program, including an explanation of how
    those activities help to achieve the purposes
    described in paragraph (2)(B);
    (ii) an analysis of Federal, State, and local
    efforts to enhance multidisciplinary approaches to
    achieve the purposes described in paragraph
    (2)(B);
    (iii) recommendations relating to activities
    that would contribute to achievement of the
    purposes described in paragraph (2)(B); and
    (iv) recommendations to improve the efficiency
    and effectiveness of the Program.
    (7) Authorization of appropriations.--There is authorized to
    be appropriated to carry out the Program $50,000,000 for each of
    fiscal years 2019 through 2023.

    (h) Technical and Conforming Amendments.--
    (1) Section 1102(f) of the Nonindigenous Aquatic Nuisance
    Prevention and Control Act of 1990 (16 U.S.C. 4712(f)) is
    amended by striking paragraph (2) and inserting the following:
    ``(2) Ballast water reporting requirements.--
    ``(A) In general.--The owner or operator of a vessel
    subject to this title shall submit to the National
    Ballast Information Clearinghouse, by not later than 6
    hours after the arrival of the vessel at a United States
    port or place of destination, the ballast water
    management report form approved by the Office of
    Management and Budget numbered OMB 1625-0069 (or a
    successor form), unless the vessel is operating
    exclusively on a voyage between ports or places within
    contiguous portions of a single Captain of the Port
    Zone.
    ``(B) Multiple discharges.--The owner or operator of
    a vessel subject to this title may submit a single
    report under subparagraph (A) for multiple ballast water
    discharges within a single port or place of destination
    during the same voyage.
    ``(C) Advance report to states.--A State may require
    the owner or operator of a vessel subject to this title
    to submit directly to the State, or to an appropriate
    regional forum, a ballast water management report form--
    ``(i) not later than 24 hours prior to arrival
    at a United States port or place of destination in
    the State, if the voyage of the vessel is
    anticipated to exceed 24 hours; or
    ``(ii) before departing the port or place of
    departure, if the voyage of the vessel to the
    United States port or place of destination is not
    anticipated to exceed 24 hours.
    ``(3) Vessel reporting data.--

    [[Page 4363]]

    ``(A) Dissemination to states.--On receipt of a
    ballast water management report under paragraph (2), the
    National Ballast Information Clearinghouse shall--
    ``(i) in the case of a form submitted
    electronically, immediately disseminate the report
    to interested States; or
    ``(ii) in the case of a form submitted by
    means other than electronically, disseminate the
    report to interested States as soon as
    practicable.
    ``(B) Availability to public.--Not later than 30
    days after the date of receipt of a ballast water
    management report under paragraph (2), the National
    Ballast Information Clearinghouse shall make the data in
    the report fully and readily available to the public in
    a searchable and fully retrievable electronic format.
    ``(4) Report.--
    ``(A) In general.--Not later than July 1, 2019, and
    annually thereafter, the Secretary shall prepare and
    submit a report in accordance with this paragraph.
    ``(B) Contents.--Each report under this paragraph
    shall synthesize and analyze the data described in
    paragraph (1) for the preceding 2-year period to
    evaluate nationwide status and trends relating to--
    ``(i) ballast water delivery and management;
    and
    ``(ii) invasions of aquatic nuisance species
    resulting from ballast water.
    ``(C) Development.--The Secretary shall prepare each
    report under this paragraph in consultation and
    cooperation with--
    ``(i) the Task Force; and
    ``(ii) the Smithsonian Institution (acting
    through the Smithsonian Environmental Research
    Center).
    ``(D) Submission.--The Secretary shall--
    ``(i) submit each report under this paragraph
    to--
    ``(I) the Task Force;
    ``(II) the Committee on Commerce,
    Science, and Transportation of the
    Senate; and
    ``(III) the Committee on
    Transportation and Infrastructure of the
    House of Representatives; and
    ``(ii) make each report available to the
    public.
    ``(5) Working group.--Not later than 1 year after the date
    of enactment of this paragraph, the Secretary shall establish a
    working group, including members from the National Ballast
    Information Clearinghouse and States with ballast water
    management programs, to establish a process for compiling and
    readily sharing Federal and State commercial vessel reporting
    and enforcement data regarding compliance with this Act.''.
    (2) Section 1205 of the Nonindigenous Aquatic Nuisance
    Prevention and Control Act of 1990 (16 U.S.C. 4725) is amended--
    (A) in the third sentence, by striking
    ``Compliance'' and inserting the following:

    ``(c) Effect of Compliance.--Compliance'';
    (B) in the second sentence, by striking ``Nothing''
    and inserting the following:

    [[Page 4364]]

    ``(b) Effect of Title.--
    ``(1) In general.--Except as provided in paragraph (2),
    nothing'';
    (C) in the first sentence, by striking ``All
    actions'' and inserting the following:

    ``(a) Consistency With Environmental Laws.--All actions''; and
    (D) in subsection (b) (as so designated), by adding
    at the end the following:
    ``(2) Exception.--Any discharge incidental to the normal
    operation of a vessel, including any discharge of ballast water
    (as those terms are defined in subsections (a) and (p)(1) of
    section 312 of the Federal Water Pollution Control Act (33
    U.S.C. 1322)), shall be regulated in accordance with that
    section.''.

    TITLE X--HYDROGRAPHIC SERVICES AND OTHER MATTERS

    SEC. 1001. REAUTHORIZATION OF HYDROGRAPHIC SERVICES IMPROVEMENT
    ACT OF 1998.

    (a) Reauthorizations.--Section 306 of the Hydrographic Services
    Improvement Act of 1998 (33 U.S.C. 892d) is amended--
    (1) in the matter before paragraph (1), by striking ``There
    are'' and inserting the following:

    ``(a) In General.--There are'';
    (2) in subsection (a) (as designated by paragraph (1))--
    (A) in paragraph (1), by striking ``surveys--'' and
    all that follows through the end of the paragraph and
    inserting ``surveys, $70,814,000 for each of fiscal
    years 2019 through 2023.'';
    (B) in paragraph (2), by striking ``vessels--'' and
    all that follows through the end of the paragraph and
    inserting ``vessels, $25,000,000 for each of fiscal
    years 2019 through 2023.'';
    (C) in paragraph (3), by striking ``Administration--
    '' and all that follows through the end of the paragraph
    and inserting ``Administration, $29,932,000 for each of
    fiscal years 2019 through 2023.'';
    (D) in paragraph (4), by striking ``title--'' and
    all that follows through the end of the paragraph and
    inserting ``title, $26,800,000 for each of fiscal years
    2019 through 2023.''; and
    (E) in paragraph (5), by striking ``title--'' and
    all that follows through the end of the paragraph and
    inserting ``title, $30,564,000 for each of fiscal years
    2019 through 2023.''; and
    (3) by adding at the end the following:

    ``(b) Arctic Programs.--Of the amount authorized by this section for
    each fiscal year--
    ``(1) $10,000,000 is authorized for use in the Arctic--
    ``(A) to acquire hydrographic data;
    ``(B) to provide hydrographic services;
    ``(C) to conduct coastal change analyses necessary
    to ensure safe navigation;

    [[Page 4365]]

    ``(D) to improve the management of coastal change;
    and
    ``(E) to reduce risks of harm to subsistence and
    coastal communities associated with increased
    international maritime traffic; and
    ``(2) $2,000,000 is authorized for use to acquire
    hydrographic data and provide hydrographic services in the
    Arctic necessary to delineate the United States extended
    Continental Shelf.''.

    (b) Limitation on Administrative Expenses for Surveys.--Section 306
    of such Act (33 U.S.C. 892d) is further amended by adding at the end the
    following:
    ``(c) Limitation on Administrative Expenses for Surveys.--Of amounts
    authorized by this section for each fiscal year for contract
    hydrographic surveys, not more than 5 percent is authorized for
    administrative costs associated with contract management.''.
    SEC. 1002. <> SYSTEM FOR TRACKING AND
    REPORTING ALL-INCLUSIVE COST OF
    HYDROGRAPHIC SURVEYS.

    (a) In General.--Not later than 1 year after the date of the
    enactment of this Act, the Secretary of Commerce shall--
    (1) develop and implement a system to track and report the
    full cost to the Department of Commerce of hydrographic data
    collection, including costs relating to vessel acquisition,
    vessel repair, and administration of contracts to procure data;
    (2) evaluate measures for comparing cost per unit effort in
    addition to measures of cost per nautical square mile; and
    (3) submit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Natural
    Resources of the House of Representatives a report on which
    additional measures for comparing cost per unit effort the
    Secretary intends to use and the rationale for such use.

    (b) Development of Strategy for Increased Contracting With
    Nongovernmental Entities for Hydrographic Data Collection.--Not later
    than 180 days after the date on which the Secretary completes the
    activities required by subsection (a), the Secretary shall develop a
    strategy for how the National Oceanic and Atmospheric Administration
    will increase contracting with nongovernmental entities for hydrographic
    data collection in a manner that is consistent with the requirements of
    the Ocean and Coastal Mapping Integration Act (Public Law 111-11; 33
    U.S.C. 3501 et seq.).
    SEC. 1003. HOMEPORT OF CERTAIN RESEARCH VESSELS.

    (a) Acceptance of Funds Authorized.--The Secretary of Commerce may
    accept non-Federal funds for the purpose of the construction of a new
    port facility, including obtaining such cost estimates, designs, and
    permits as may be necessary to facilitate the homeporting of the R/V
    FAIRWEATHER in accordance with title II of the Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies Appropriations
    Act, 2002 (Public Law 107-77; 115 Stat. 775) at a location that during
    such homeporting shall be under the administrative jurisdiction of the
    Under Secretary of Commerce for Oceans and Atmosphere.
    (b) Strategic Plan Required.--Not later than 180 days after the date
    of the enactment of this Act, the Secretary shall develop

    [[Page 4366]]

    and submit to the Committee on Commerce, Science, and Transportation of
    the Senate and the Committee on Natural Resources of the House of
    Representatives a strategic plan for implementing subsection (a).
    (c) Acceptance of Funds Authorized.--The Secretary may accept non-
    Federal funds for the purpose of the construction of a new port
    facility, including obtaining such cost estimates, designs, and permits
    as may be necessary to facilitate the homeporting of a new, existing, or
    reactivated research vessel in the city of St. Petersburg, Florida, at a
    location that during such homeporting shall be under the administrative
    jurisdiction of the Under Secretary of Commerce for Oceans and
    Atmosphere.
    (d) Strategic Plan Required.--Not later than 180 days after the date
    of the enactment of this Act, the Secretary shall develop and submit to
    Congress a strategic plan for construction or acquisition of the
    facilities needed to allow for an oceanographic research vessel to be
    homeported in St. Petersburg, Florida. The strategic plan shall include
    an estimate of funding needed to construct such facilities.

    Approved December 4, 2018.

    LEGISLATIVE HISTORY--S. 140:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 115-441 (Comm. on Natural Resources).
    SENATE REPORTS: No. 115-7 (Comm. on Indian Affairs).
    CONGRESSIONAL RECORD:
    Vol. 163 (2017):
    May 8, considered and passed Senate.
    Vol. 164 (2018):
    Jan. 10, considered and passed
    House, amended.
    Apr. 12, 16, 18, Oct. 11, Nov. 13,
    14, Senate considered and
    concurred in House amendment
    with an amendment.
    Nov. 27, House concurred in Senate
    amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
    Dec. 4, Presidential statement.