[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.