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S. 140: Frank LoBiondo Coast Guard Authorization Act of 2018

The text of the bill below is as of Nov 29, 2018 (Passed Congress).


One Hundred Fifteenth Congress of the United States of America

2d Session

S. 140

IN THE SENATE OF THE UNITED STATES

AN ACT

To authorize appropriations for the Coast Guard, and for other purposes.

1.

Short title

This Act may be cited as the Frank LoBiondo Coast Guard Authorization Act of 2018.

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.

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.

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.

I

Reorganization of title 14, United States Code

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:

14

Coast Guard

SubtitleSec.I. Establishment, Powers, Duties, and Administration101II. Personnel1901III. Coast Guard Reserve and Auxiliary 3701IV. Coast Guard Authorizations and Reports to Congress4901

.

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:

I

Establishment, Powers, Duties, and Administration

Chap.Sec.1.Establishment and Duties1013.Composition and Organization3015.Functions and Powers5017.Cooperation7019.Administration90111.Acquisitions 1101

.

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:

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 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
1Establishment of Coast Guard101
2Primary duties102
3Department in which the Coast Guard operates103
652Removing restrictions104
4Secretary defined105
5Commandant defined106
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:

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:

Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
41Grades and ratings301
44Commandant; appointment302
46Retirement of Commandant or Vice Commandant303
47Vice Commandant; appointment304
50Vice admirals305
51Retirement306
52Vice admirals and admiral, continuity of grade307
56Chief Acquisition Officer308
53Office of the Coast Guard Reserve; Director309
54Chief of Staff to President: appointment310
57Prevention and response workforces312
58Centers of expertise for Coast Guard prevention and response313
59Marine industry training program314
60Training course on workings of Congress315
98National Coast Guard Museum316
336United States Coast Guard Band; composition; director317
(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:

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:

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 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.

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:

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 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
92Secretary; general powers501
631Delegation of powers by the Secretary502
633Regulations503
93Commandant; general powers504
632Functions and powers vested in the Commandant505
520Prospective payment of funds necessary to provide medical care506
153Appointment of judges507
88Saving life and property521
89Law enforcement522
99Enforcement authority523
100Enforcement of coastwise trade laws524
95Special agents of the Coast Guard Investigative Service law enforcement authority525
637Stopping vessels; indemnity for firing at or into vessel526
91Safety of naval vessels527
104Protecting against unmanned aircraft528
81Aids to navigation authorized541
83Unauthorized aids to maritime navigation; penalty542
84Interference with aids to navigation; penalty543
85Aids to maritime navigation; penalty544
86Marking of obstructions545
642Deposit of damage payments546
643Rewards for apprehension of persons interfering with aids to navigation547
87Icebreaking in polar regions561
101Appeals and waivers562
103Notification of certain determinations563
(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:

I

General Powers

;

(2)

by inserting before section 521 (as so redesignated and transferred under subsection (b)) the following:

II

Life Saving and Law Enforcement Authorities

;

(3)

by inserting before section 541 (as so redesignated and transferred under subsection (b)) the following:

III

Aids to Navigation

;

and
(4)

by inserting before section 561 (as so redesignated and transferred under subsection (b)) the following:

IV

Miscellaneous

.

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:

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.

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 attachés 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 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
141Cooperation with other agencies, States, territories, and political subdivisions701
142State Department702
143Treasury Department703
144Department of the Army and Department of the Air Force704
145Navy Department705
146United States Postal Service706
147Department of Commerce707
147aDepartment of Health and Human Services708
148Maritime instruction709
149Assistance to foreign governments and maritime authorities710
150Coast Guard officers as attachés to missions711
151Contracts with Government-owned establishments for work and material712
152Nonappropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide or obtain goods and services713
154Arctic maritime domain awareness714
94Oceanographic research715
90Arctic maritime transportation716
102Agreements717
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:

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.

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 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
641Disposal of certain material901
653Employment of draftsmen and engineers902
656Use of certain appropriated funds903
666Local hire904
670Procurement authority for family housing905
671Air Station Cape Cod Improvements906
672Long-term lease of special purpose facilities907
672aLong-term lease authority for lighthouse property908
674Small boat station rescue capability909
675Small boat station closures910
676Search and rescue center standards911
676aAir facility closures912
677Turnkey selection procedures913
681Disposition of infrastructure related to E–LORAN914
635Oaths required for boards931
636Administration of oaths932
638Coast Guard ensigns and pennants933
639Penalty for unauthorized use of words Coast Guard934
640Coast Guard band recordings for commercial sale935
645Confidentiality of medical quality assurance records; qualified immunity for participants936
646Admiralty claims against the United States937
647Claims for damage to property of the United States938
648Accounting for industrial work939
649Supplies and equipment from stock940
650Coast Guard Supply Fund941
654Public and commercial vessels and other watercraft; sale of fuel, supplies, and services942
655Arms and ammunition; immunity from taxation943
658Confidential investigative expenses944
659Assistance to film producers945
664User fees946
667Vessel construction bonding requirements947
668Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care948
669Telephone installation and charges949
673Designation, powers, and accountability of deputy disbursing officials950
678Aircraft accident investigations951
(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:

I

Real and Personal Property

;

and
(2)

by inserting before section 931 (as so redesignated and transferred under subsection (b)) the following:

II

Miscellaneous

.

108.

Chapter 11

(a)

Initial matter

Chapter 11 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:

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 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
561Acquisition directorate1101
562Improvements in Coast Guard acquisition management1102
578Role of Vice Commandant in major acquisition programs1103
563Recognition of Coast Guard personnel for excellence in acquisition1104
564Prohibition on use of lead systems integrators1105
565Required contract terms1106
579Extension of major acquisition program contracts1107
566Department of Defense consultation1108
567Undefinitized contractual actions1109
569Mission need statement1110
571Identification of major system acquisitions1131
572Acquisition1132
573Preliminary development and demonstration1133
574Acquisition, production, deployment, and support1134
575Acquisition program baseline breach1135
576Acquisition approval authority1136
665Restriction on construction of vessels in foreign shipyards1151
577Advance procurement funding1152
96Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards1153
97Procurement of buoy chain1154
657Contract termination1155
581Definitions1171
(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:

I

General Provisions

;

(3)

by inserting before section 1131 (as so redesignated and transferred under subsection (b)) the following:

II

Improved Acquisition Process and Procedures

;

(4)

by inserting before section 1151 (as so redesignated and transferred under subsection (b)) the following:

III

Procurement

;

and
(5)

by inserting before section 1171 (as so redesignated and transferred under subsection (b)) the following:

IV

Definitions

.

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:

II

Personnel

Chap.Sec.19.Coast Guard Academy190121.Personnel; Officers210123.Personnel; Enlisted230125.Personnel; General Provisions250127.Pay, Allowances, Awards, and Other Rights and Benefits270129.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.

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:

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.

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 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
181Administration of Academy1901
200Policy on sexual harassment and sexual violence1902
194Annual Board of Visitors1903
196Participation in Federal, State, or other educational research grants1904
195Admission of foreign nationals for instruction; restrictions; conditions1923
181aCadet applicants; preappointment travel to Academy1926
183Cadets; initial clothing allowance1927
184Cadets; degree of bachelor of science1928
185Cadets; appointment as ensign1929
197Cadets: charges and fees for attendance; limitation1930
186Civilian teaching staff1941
187Permanent commissioned teaching staff; composition1942
188Appointment of permanent commissioned teaching staff1943
189Grade of permanent commissioned teaching staff1944
190Retirement of permanent commissioned teaching staff1945
191Credit for service as member of civilian teaching staff1946
192Assignment of personnel as instructors1947
199Marine safety curriculum1948
(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:

I

Administration

;

(B)

by inserting before section 1923 (as so redesignated and transferred under subsection (b)) the following:

II

Cadets

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.

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 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:

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.

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—

(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:

III

Faculty

.

(2)

Conforming repeal

Section 182 of title 14, United States Code, is repealed.

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.

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:

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.

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:

Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
211Original appointment of permanent commissioned officers2101
41aActive duty promotion list2102
42Number and distribution of commissioned officers on active duty promotion list2103
214Appointment of temporary officers2104
215Rank of warrant officers2105
251Selection boards; convening of boards2106
252Selection boards; composition of boards2107
253Selection boards; notice of convening; communication with board2108
254Selection boards; oath of members2109
255Number of officers to be selected for promotion2110
256Promotion zones2111
256aPromotion year; defined2112
257Eligibility of officers for consideration for promotion2113
258Selection boards; information to be furnished boards2115
259Officers to be recommended for promotion2116
260Selection boards; reports2117
261Selection boards; submission of reports2118
262Failure of selection for promotion2119
263Special selection boards; correction of errors2120
271Promotions; appointments2121
272Removal of officer from list of selectees for promotion2122
273Promotions; acceptance; oath of office2123
274Promotions; pay and allowances2124
275Wartime temporary service promotions2125
276Promotion of officers not included on active duty promotion list2126
331Recall to active duty during war or national emergency2127
332Recall to active duty with consent of officer2128
373Aviation cadets; appointment as Reserve officers2129
281Revocation of commissions during first five years of commissioned service2141
282Regular lieutenants (junior grade); separation for failure of selection for promotion2142
283Regular lieutenants; separation for failure of selection for promotion; continuation2143
284Regular Coast Guard; officers serving under temporary appointments2144
285Regular lieutenant commanders and commanders; retirement for failure of selection for promotion2145
286Discharge in lieu of retirement; separation pay2146
286aRegular warrant officers: separation pay2147
287Separation for failure of selection for promotion or continuation; time of2148
288Regular captains; retirement2149
289Captains; continuation on active duty; involuntary retirement2150
290Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement2151
291Voluntary retirement after twenty years' service2152
292Voluntary retirement after thirty years' service2153
293Compulsory retirement2154
294Retirement for physical disability after selection for promotion; grade in which retired2155
295Deferment of retirement or separation for medical reasons2156
296Flag officers2157
321Review of records of officers2158
322Boards of inquiry2159
323Boards of review2160
324Composition of boards2161
325Rights and procedures2162
326Removal of officer from active duty; action by Secretary2163
327Officers considered for removal; retirement or discharge; separation benefits2164
333Relief of retired officer promoted while on active duty2165
335Physical fitness of officers2181
429Multirater assessment of certain personnel2182
(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:

I

Appointment and Promotion

;

(3)

by inserting before section 2115 (as so redesignated and transferred under subsection (b)) the following:

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:

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:

III

General Provisions

.

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:

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:

Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
350Recruiting campaigns2301
351Enlistments; term, grade2302
352Promotion2303
353Compulsory retirement at age of sixty-two2304
354Voluntary retirement after thirty years' service2305
355Voluntary retirement after twenty years' service2306
357Retirement of enlisted members: increase in retired pay2307
359Recall to active duty during war or national emergency2308
360Recall to active duty with consent of member2309
361Relief of retired enlisted member promoted while on active duty2310
362Retirement in cases where higher grade or rating has been held2311
365Extension of enlistments2312
366Retention beyond term of enlistment in case of disability2313
367Detention beyond term of enlistment2314
369Inclusion of certain conditions in enlistment contract2315
370Discharge within three months before expiration of enlistment2316
371Aviation cadets; procurement; transfer2317
372Aviation cadets; benefits2318
374Critical skill training bonus2319
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:

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:

Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
334Grade on retirement2501
421Retirement2502
422Status of recalled personnel2503
423Computation of retired pay2504
424Limitations on retirement and retired pay2505
424aSuspension of payment of retired pay of members who are absent from the United States to avoid prosecution2506
425Board for Correction of Military Records deadline2507
426Emergency leave retention authority2508
427Prohibition of certain involuntary administrative separations2509
428Sea service letters2510
430Investigations of flag officers and Senior Executive Service employees2511
431Leave policies for the Coast Guard2512
467Computation of length of service2513
432Personnel of former Lighthouse Service2531
(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:

I

General Provisions

;

and
(2)

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

II

Lighthouse Service

.

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.

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:

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.

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 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
468Procurement of personnel2701
469Training2702
476Contingent expenses2703
477Equipment to prevent accidents2704
482Clothing at time of discharge for good of service2705
483Right to wear uniform2706
484Protection of uniform2707
485Clothing for officers and enlisted personnel2708
487Procurement and sale of stores to members and civilian employees2709
507Disposition of effects of decedents2710
508Deserters; payment of expenses incident to apprehension and delivery; penalties2711
644Payment for the apprehension of stragglers2712
499Delegation of powers to make awards; rules and regulations2731
491Medal of honor2732
504Medal of honor: duplicate medal2733
505Medal of honor: presentation of Medal of Honor Flag2734
491aCoast Guard cross2735
492Distinguished service medal2736
492aSilver star medal2737
492bDistinguished flying cross2738
493Coast Guard medal2739
494Insignia for additional awards2740
496Time limit on award; report concerning deed2741
497Honorable subsequent service as condition to award2742
498Posthumous awards2743
500Life-saving medals2744
501Replacement of medals2745
502Award of other medals2746
503Awards and insignia for excellence in service or conduct2747
516Presentation of United States flag upon retirement2748
509Persons discharged as result of court-martial; allowances to2761
510Shore patrol duty; payment of expenses2762
511Compensatory absence from duty for military personnel at isolated duty stations2763
512Monetary allowance for transportation of household effects2764
513Retroactive payment of pay and allowances delayed by administrative error or oversight2765
517Travel card management2766
518Reimbursement for medical-related travel expenses for certain persons residing on islands in the continental United States2767
519Annual audit of pay and allowances of members undergoing permanent change of station2768
461Remission of indebtedness2769
470Special instruction at universities2770
471Attendance at professional meetings2771
472Education loan repayment program2772
478Rations or commutation therefor in money2773
479Sales of ration supplies to messes2774
480Flight rations2775
481Payments at time of discharge for good of service2776
486Clothing for destitute shipwrecked persons2777
488Advancement of public funds to personnel2778
660Transportation to and from certain places of employment2779
(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:

I

Personnel Rights and Benefits

;

(2)

by inserting before section 2731 (as so redesignated and transferred under subsection (b)) the following:

II

Awards

;

and
(3)

by inserting before section 2761 (as so redesignated and transferred under subsection (b)) the following:

III

Payments

.

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:

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 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
531Work-life policies and programs2901
532Surveys of Coast Guard families2902
541Reimbursement for adoption expenses2903
542Education and training opportunities for Coast Guard spouses2904
543Youth sponsorship initiatives2905
544Dependent school children2906
551Definitions2921
552Child development services2922
553Child development center standards and inspections2923
554Child development center employees2924
555Parent partnerships with child development centers2925
680Definitions2941
681General authority2942
475Leasing and hiring of quarters; rental of inadequate housing2943
680Retired service members and dependents serving on advisory committees2944
685Conveyance of real property2945
687Coast Guard Housing Fund2946
688Reports2947
(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:

I

Coast Guard Families

;

(2)

by inserting before section 2921 (as so redesignated and transferred under subsection (b)) the following:

II

Coast Guard Child Care

;

and
(3)

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

III

Housing

.

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:

III

Coast Guard Reserve and Auxiliary

Chap.Sec.37.Coast Guard Reserve370139.Coast Guard Auxiliary390141.General Provisions for Coast Guard Reserve and Auxiliary4101
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.

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 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
701Organization3701
702Authorized strength3702
703Coast Guard Reserve Boards3703
704Grades and ratings; military authority3704
705Benefits3705
706Temporary members of the Reserve; eligibility and compensation3706
707Temporary members of the Reserve; disability or death benefits3707
708Temporary members of the Reserve; certificate of honorable service3708
709Reserve student aviation pilots; Reserve aviation pilots; appointments in commissioned grade3709
709aReserve student pre-commissioning assistance program3710
710Appointment or wartime promotion; retention of grade upon release from active duty3711
711Exclusiveness of service3712
712Active duty for emergency augmentation of regular forces3713
713Enlistment of members engaged in schooling3714
720Definitions3731
721Applicability of this subchapter3732
722Suspension of this subchapter in time of war or national emergency3733
723Effect of this subchapter on retirement and retired pay3734
724Authorized number of officers3735
725Precedence3736
726Running mates3737
727Constructive credit upon initial appointment3738
728Promotion of Reserve officers on active duty3739
729Promotion; recommendations of selection boards3740
730Selection boards; appointment3741
731Establishment of promotion zones under running mate system3742
732Eligibility for promotion3743
733Recommendation for promotion of an officer previously removed from an active status3744
734Qualifications for promotion3745
735Promotion; acceptance; oath of office3746
736Date of rank upon promotion; entitlement to pay3747
737Type of promotion; temporary3748
738Effect of removal by the President or failure of consent of the Senate3749
739Failure of selection for promotion3750
740Failure of selection and removal from an active status3751
741Retention boards; removal from an active status to provide a flow of promotion3752
742Maximum ages for retention in an active status3753
743Rear admiral and rear admiral (lower half); maximum service in grade3754
744Appointment of a former Navy or Coast Guard officer3755
745Grade on entry upon active duty3756
746Recall of a retired officer; grade upon release3757
(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:

I

Administration

;

and
(2)

by inserting before section 3731 (as so redesignated and transferred under subsection (b)) the following:

II

Personnel

.

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:

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 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
821Administration of the Coast Guard Auxiliary3901
822Purpose of the Coast Guard Auxiliary3902
823Eligibility; enrollments3903
823aMembers of the Auxiliary; status3904
824Disenrollment3905
825Membership in other organizations3906
826Use of member's facilities3907
827Vessel deemed public vessel3908
828Aircraft deemed public aircraft3909
829Radio station deemed government station3910
830Availability of appropriations3911
831Assignment and performance of duties3912
832Injury or death in line of duty3913
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:

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 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 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
891Flags; pennants; uniforms and insignia4101
892Penalty4102
893Limitation on rights of members of the Auxiliary and temporary members of the Reserve4103
894Availability of facilities and appropriations4104
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:

IV

Coast Guard Authorizations and Reports to Congress

Chap.Sec.49.Authorizations490151.Reports5101
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.

(2)

Table

The table referred to in paragraph (1) is the following:

Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
2701Requirement for prior authorization of appropriations4901
2702Authorization of appropriations4902
2703Authorization of personnel end strengths4903
2704Authorized levels of military strength and training4904
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:

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:

Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation
2901Transmission of annual Coast Guard authorization request5101
2902Capital investment plan5102
2903Major acquisitions5103
2904Manpower requirements plan5104
679Inventory of real property5105
2905Annual performance report5106
2906Major acquisition risk assessment5107
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

(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.

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.

II

Authorizations

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.

202.

Authorizations of appropriations

(a)

In general

Section 4902 of title 14, United States Code, is amended to read as follows:

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.

(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.—.

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.

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.

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.

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.

III

Coast Guard

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.

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.

.

303.

National Coast Guard Museum

Section 316 of title 14, United States Code, is amended to read as follows:

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

(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.

.

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:

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:

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—

(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.

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:

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—

(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.

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:

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.

.

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.

(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.

.

308.

Confidential investigative expenses

Section 944 of title 14, United States Code, is amended by striking $45,000 and inserting $250,000.

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..

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:

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.

.

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:

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.

312.

Officer promotion zones

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

313.

Cross reference

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

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.

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.

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.

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;

(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:

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.

.

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—

(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).

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

.

IV

Ports and Waterways Safety

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:

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.

I

Vessel Operations

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.

(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 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.

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.

70003.

Port access routes

(a)

Authority To designate

Except as provided in subsection (b) and subject to the requirements of subsection (c), in order to provide safe access routes for the movement of vessel traffic proceeding to or from ports or places subject to the jurisdiction of the United States, the Secretary shall designate necessary fairways and traffic separation schemes for vessels operating in the territorial sea of the United States and in high seas approaches, outside the territorial sea, to such ports or places. Such a designation shall recognize, within the designated area, the paramount right of navigation over all other uses.

(b)

Limitation

(1)

In general

No designation may be made by the Secretary under this section if—

(A)

the Secretary determines such a designation, as implemented, would deprive any person of the effective exercise of a right granted by a lease or permit executed or issued under other applicable provisions of law; and

(B)

such right has become vested before the time of publication of the notice required by paragraph (1) of subsection (c).

(2)

Consultation required

The Secretary shall make the determination under paragraph (1)(A) after consultation with the head of the agency responsible for executing the lease or issuing the permit.

(c)

Consideration of other uses

Before making a designation under subsection (a), and in accordance with the requirements of section 70004, the Secretary shall—

(1)

undertake a study of the potential traffic density and the need for safe access routes for vessels in any area for which fairways or traffic separation schemes are proposed or that may otherwise be considered and publish notice of such undertaking in the Federal Register;

(2)

in consultation with the Secretary of State, the Secretary of the Interior, the Secretary of Commerce, the Secretary of the Army, and the Governors of affected States, as their responsibilities may require, take into account all other uses of the area under consideration, including, as appropriate, the exploration for, or exploitation of, oil, gas, or other mineral resources, the construction or operation of deepwater ports or other structures on or above the seabed or subsoil of the submerged lands or the Outer Continental Shelf of the United States, the establishment or operation of marine or estuarine sanctuaries, and activities involving recreational or commercial fishing; and

(3)

to the extent practicable, reconcile the need for safe access routes with the needs of all other reasonable uses of the area involved.

(d)

Study

In carrying out the Secretary’s responsibilities under subsection (c), the Secretary shall—

(1)

proceed expeditiously to complete any study undertaken; and

(2)

after completion of such a study, promptly—

(A)

issue a notice of proposed rulemaking for the designation contemplated; or

(B)

publish in the Federal Register a notice that no designation is contemplated as a result of the study and the reason for such determination.

(e)

Implementation of designation

In connection with a designation made under this section, the Secretary—

(1)

shall issue reasonable rules and regulations governing the use of such designated areas, including rules and regulations regarding the applicability of rules 9 and 10 of the International Regulations for Preventing Collisions at Sea, 1972, relating to narrow channels and traffic separation schemes, respectively, in waters where such regulations apply;

(2)

to the extent that the Secretary finds reasonable and necessary to effectuate the purposes of the designation, make the use of designated fairways and traffic separation schemes mandatory for specific types and sizes of vessels, foreign and domestic, operating in the territorial sea of the United States and for specific types and sizes of vessels of the United States operating on the high seas beyond the territorial sea of the United States;

(3)

may, from time to time, as necessary, adjust the location or limits of designated fairways or traffic separation schemes in order to accommodate the needs of other uses that cannot be reasonably accommodated otherwise, except that such an adjustment may not, in the judgment of the Secretary, unacceptably adversely affect the purpose for which the existing designation was made and the need for which continues; and

(4)

shall, through appropriate channels—

(A)

notify cognizant international organizations of any designation, or adjustment thereof; and

(B)

take action to seek the cooperation of foreign States in making it mandatory for vessels under their control to use, to the same extent as required by the Secretary for vessels of the United States, any fairway or traffic separation scheme designated under this section in any area of the high seas.

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.

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

(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).

II

Ports and Waterways Safety

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.

(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.

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.

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.

(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.

III

Condition for Entry Into Ports in the United States

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.

IV

Definitions, Regulations, Enforcement, Investigatory Powers, Applicability

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.

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.

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.

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—

(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.

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.

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, 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 Safety70001.

.

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

(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.

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.

(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.

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.

405.

Advisory committee: repeal

Section 18 of the Coast Guard Authorization Act of 1991 (Public Law 102–241; 105 Stat. 2213) is repealed.

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:

V

Regattas and Marine Parades

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—

(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.

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:

VI

Regulation of Vessels in Territorial Waters of United States

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 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:

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:

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:

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.

.

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.

V

Maritime Transportation Safety

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 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.

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).

.

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:

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.

.

(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.

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.

.

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).

.

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

(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.

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.

.

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:

4503a.

Alternate safety compliance program

;

(3)

in subsection (a), as redesignated by paragraph (1) of this subsection, by striking After January 1, 2020, and 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 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.

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.

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..

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.

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.

.

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.

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:

312.

Alternative timing system

(a)

In general

Subject to the availability of appropriations, the Secretary of Transportation shall provide for the establishment, sustainment, and operation of a land-based, resilient, and reliable alternative timing system—

(1)

to reduce critical dependencies and provide a complement to and backup for the timing component of the Global Positioning System (referred to in this section as GPS); and

(2)

to ensure the availability of uncorrupted and non-degraded timing signals for military and civilian users in the event that GPS timing signals are corrupted, degraded, unreliable, or otherwise unavailable.

(b)

Establishment of requirements

(1)

In general

Not later than 180 days after the date of enactment of the National Timing Resilience and Security Act of 2018, the Secretary of Transportation shall establish requirements for the procurement of the system required by subsection (a) as a complement to and backup for the timing component of GPS in accordance with the timing requirements study required by section 1618 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2595).

(2)

Requirements

The Secretary of Transportation shall ensure, to the maximum extent practicable, that the system established under subsection (a) will—

(A)

be wireless;

(B)

be terrestrial;

(C)

provide wide-area coverage;

(D)

be synchronized with coordinated universal time;

(E)

be resilient and extremely difficult to disrupt or degrade;

(F)

be able to penetrate underground and inside buildings;

(G)

be capable of deployment to remote locations;

(H)

be developed, constructed, and operated incorporating applicable private sector expertise;

(I)

work in concert with and complement any other similar positioning, navigation, and timing systems, including enhanced long-range navigation systems and Nationwide Differential GPS systems;

(J)

be available for use by Federal and non-Federal government agencies for public purposes at no net cost to the Federal Government within 10 years of initiation of operation;

(K)

be capable of adaptation and expansion to provide position and navigation capabilities;

(L)

incorporate the recommendations from any GPS back-up demonstration program initiated and completed by the Secretary, in coordination with other Federal agencies, before the date specified in subsection (c)(1); and

(M)

incorporate such other elements as the Secretary considers appropriate.

(c)

Implementation plan

(1)

Plan required

Not later than 180 days after the date of enactment of the National Timing Resilience and Security Act of 2018, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report setting forth the following:

(A)

A plan to develop, construct, and operate the system required by subsection (a).

(B)

A description and assessment of the advantages of a system to provide a follow-on complementary and backup positioning and navigation capability to the timing component of GPS.

(2)

Deadline for commencement of operation

The system required by subsection (a) shall be in operation by not later than 2 years after the date of enactment of the National Timing Resilience and Security Act of 2018.

(3)

Minimum duration of operational capability

The system required by subsection (a) shall be designed to be fully operational for not less than 20 years.

(d)

LORAN facilities

(1)

In general

If the Secretary of Transportation determines that any LORAN infrastructure, including the underlying real property and any spectrum associated with LORAN, in the possession of the Coast Guard is required by the Department of Transportation for the purpose of establishing the system required by subsection (a), the Commandant shall transfer such property, spectrum, and equipment to the Secretary.

(2)

CERCLA not affected

This subsection shall not be construed to limit the application of or otherwise affect section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) with respect to the Federal Government facilities described in paragraph (1).

(e)

Cooperative agreement

(1)

In general

The Secretary of Transportation may enter into a cooperative agreement (as that term is described in section 6305 of title 31) with an entity upon such terms and conditions as the Secretary of Transportation determines will fulfill the purpose and requirements of this section and be in the public interest.

(2)

Requirements

The cooperative agreement under paragraph (1) shall, at a minimum, require the Secretary of Transportation to—

(A)

authorize the entity to sell timing and other services to commercial and non-commercial third parties, subject to any national security requirements determined by the Secretary, in consultation with the Secretary of Defense;

(B)

require the entity to develop, construct, and operate at private expense the backup timing system in accordance with this section;

(C)

allow the entity to make any investments in technologies necessary over the life of such agreement to meet future requirements for advanced timing resilience and technologies;

(D)

require the entity to share 25 percent of the gross proceeds received by the entity from the sale of timing services to third parties with the Secretary for at least 10 years after the date upon which the Secretary enters into the cooperative agreement;

(E)

require the entity—

(i)

to assume all financial risk for the completion and operational capability of the system, after the Secretary provides any LORAN facilities necessary for the system under subsection (d), if required for the alternative timing system; and

(ii)

to furnish performance and payment bonds in connection with the system in a reasonable amount as determined by the Secretary; and

(F)

require the entity to make any investments in technologies necessary over the life of the agreement to meet future requirements for advanced timing resiliency.

(3)

Competition required

The Secretary shall use competitive procedures similar to those authorized under section 2667 of title 10 in selecting an entity to enter into a cooperative agreement pursuant to this subsection.

(4)

Authorization to purchase services

The Secretary may not purchase timing system services from the entity for use by the Department of Transportation or for provision to other Federal and non-Federal governmental agencies until the system achieves operational status, and then only if the necessary funds for such purchases are provided for in subsequent yearly appropriations acts made available to the Secretary for each and every year in which such purchases are made.

(5)

Determination requirement

The Secretary may not enter into a cooperative agreement under this subsection unless the Secretary determines that the cooperative agreement is in the best financial interest of the Federal Government. The Secretary shall notify the Committee on Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of such determination not later than 30 days after the date of the determination.

(6)

Definition

In this subsection the term entity means a non-Federal entity with the demonstrated technical expertise and requisite administrative and financial resources to meet any terms and conditions established by the Secretary for purposes of this subsection.

.

(c)

Table of contents

The table of contents for chapter 3 of title 49, United States Code, is amended by adding at the end the following:

312. Alternative timing system.

.

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.

.

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

(2)

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

VI

Advisory Committees

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:

K

National Maritime Transportation Advisory Committees

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.

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).

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.

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—

(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.

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.

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.

(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.

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.

(K)

1 member shall represent the general public (but not a specific environmental group).

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).

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.

(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.

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 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.

(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;

(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 Committees15101

.

(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

(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.

602.

Maritime Security Advisory Committees

(a)

In general

Section 70112 of title 46, United States Code, is amended to read as follows:

70112.

Maritime Security Advisory Committees

(a)

National Maritime Security Advisory Committee

(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 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.).

(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.

VII

Federal Maritime Commission

701.

Short title

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

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.

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.

.

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.

.

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

(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.

.

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.

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.

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 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.

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:

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.

.

(c)

Exemption

Section 40307(b)(1) of title 46, United States Code, is amended by inserting tug operators, after motor carriers,.

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.

711.

Discussions

(a)

In general

Section 303 of title 46, United States Code, is amended to read as follows:

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.

(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.

.

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.

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. 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).

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).

VIII

Miscellaneous

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.

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.

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), 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.

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).

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.

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.

(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).

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.