U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 115TH CONGRESS

1st Session 

REPORT

2017

115–89 

Calendar No. 112 

COAST GUARD AUTHORIZATION ACT OF 

2017 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1129 

JUNE 5, 2017.—Ordered to be printed 


congress.#13
(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FIFTEENTH CONGRESS

FIRST SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi 

ROY BLUNT, Missouri 

TED CRUZ, Texas 

DEB FISCHER, Nebraska 

JERRY MORAN, Kansas 

DAN SULLIVAN, Alaska 

DEAN HELLER, Nevada 

JAMES M. INHOFE, Oklahoma 

MIKE LEE, Utah 

RON JOHNSON, Wisconsin 

SHELLEY MOORE CAPITO, West Virginia 

CORY GARDNER, Colorado 

TODD C. YOUNG, Indiana 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

AMY KLOBUCHAR, Minnesota 

RICHARD BLUMENTHAL, Connecticut 

BRIAN SCHATZ, Hawaii 

EDWARD J. MARKEY, Massachusetts 

CORY A. BOOKER, New Jersey 

TOM UDALL, New Mexico 

GARY C. PETERS, Michigan 

TAMMY BALDWIN, Wisconsin 

TAMMY DUCKWORTH, Illinois 

MARGARET WOOD HASSAN, 

New Hampshire 

CATHERINE CORTEZ MASTO, Nevada 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

JASON VAN BEEK, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

Calendar No. 112 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–89 

COAST GUARD AUTHORIZATION ACT OF 2017 

JUNE 5, 2017.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1129] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1129) to authorize appropriations for 

the Coast Guard, and for other purposes, having considered the 

same, reports favorably thereon with an amendment (in the nature 

of a substitute) and recommends that the bill (as amended) do 

pass. 

PURPOSE OF THE BILL

The purpose of this legislation is to authorize appropriations for 

the Coast Guard and the Federal Maritime Commission (FMC) for 

fiscal year (FY) 2018 and FY 2019, standardize regulations for incidental vessel discharges, change National Oceanic and Atmospheric 

Administration Commissioned Officer Corps (NOAA Corps) requirements, and for other purposes. 

BACKGROUND AND NEEDS

The Coast Guard operates simultaneously under titles 10 (governing the armed forces) and 14 (governing the Coast Guard) of the 

United States Code, and numerous other authorities (e.g., parts of 

titles 6, 19, 33, 46). Its legal authorities enable the Coast Guard 

to conduct military operations in support of the Department of Defense (DoD) or directly for the President in accordance with title 

14. Further, the Coast Guard can be transferred to the Department 

of the Navy by the President at any time or by Congress during 

time of war. The Coast Guard is under the Department of HomeVerDate Sep 11 2014 05:41 Jun 06, 2017 Jkt 069010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR089.XXX SR089
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1 U.S. Coast Guard (USCG), Western Hemisphere Strategy. 

2 Homeland Security Act of 2002, H.R. 5005, 2002, 107th Congress, U.S.C. §888. 

3 USCG, ‘‘Patrol Forces Southwest Asia,’’ 12/21/2016, at https://www.uscg.mil/lantarea/ 

PATSFORSWA/default.asp. 

land Security (DHS). As such, the Coast Guard is the only U.S. 

military service that is situated outside the DoD. 

The Coast Guard is composed of approximately 40,000 activeduty members, 7,500 reservists, 8,000 full-time civilian employees, 

and 30,000 volunteer auxiliarists. The service is tasked with providing maritime security, law enforcement, and prevention and response activities for more than 4.5 million square miles of ocean, 

95,000 miles of coastline, 26,000 miles of commercial waterways, 

361 ports, 3,700 marine terminals, and 25,000 miles of inland and 

coastal waterways – this is the largest system of ports, waterways, 

and coastal seas in the world.1 It is unique among the military 

branches for having a maritime law enforcement mission, with jurisdiction in both domestic and international waters, while also 

serving as a Federal regulatory agency as part of its mission set. 

The Coast Guard’s 11 statutory missions can be broken down 

into 2 categories.2 Its homeland security missions include the following: (1) ports, waterways, and coastal security; (2) drug interdiction; (3) migrant interdiction; (4) defense readiness; and (5) other 

law enforcement. Its non-homeland security missions are the following: (1) marine safety; (2) search and rescue; (3) aids to navigation; (4) living marine resources; (5) marine environmental protection; and (6) ice operations. In addition, the Coast Guard has been 

called upon in recent years to support the DoD’s overseas contingency operations, such as counter-piracy operations off the Horn of 

Africa, and the protection of petroleum pipelines and shipping 

lanes in the Persian Gulf. Six Coast Guard cutters and associated 

support staff have been deployed to the Persian Gulf since 2003 

working in support of DoD combatant commanders.3

Authorization levels and strength of force 

This bill would authorize the Coast Guard through FY 2019. The 

authorization levels (dollars in millions) and number of active duty 

personnel authorized would be largely consistent with current authorizations and appropriations: 

FY 17 

Enacted 

FY 18 

Authorization 

FY 19 

Authorization 

Operating Expenses $7,079 $7,300 $7,592 

Acquisitions, Construction, & Improvements $1,370 $1,986 $2,027 

Environmental Compliance & Restoration $13.3 $17.1 $17.4 

Reserve Training $112 $143 $146 

Research, Development, Test, & Evaluation $36.3 $20.3 $20.7 

FY 17 

Enacted 

FY 18 

Authorization 

FY 19 

Authorization 

Number of Active Duty Personnel Authorized 43,000 43,000 43,000 

3 

4The United States has seven uniformed services, of which five are armed services (Army, 

Navy, Air Force, Marines and the Coast Guard) and two which are not armed (the US Public 

Health Service and the NOAA Corps). 5 National Oceanic Atmospheric Administration’s (NOAA) six line offices include: NOAA Marine & Aviation Operations (OMAO); NOAA Marine Fisheries Service (NMFS); National Ocean 

Service (NOS); Office of Oceanic and Atmospheric Research (OAR); National Weather Service 

(NWS); and National Environmental Satellite, Data, and Information Service (NESDIS). 

The Federal Maritime Commission 

The FMC was established as an independent Federal regulatory 

agency in 1961. The agency is a bipartisan committee of five commissioners who administer U.S. maritime law. In general, the FMC 

carries out the following duties: (1) monitors the activities of ocean 

carriers, terminal operators, ports, and ocean transportation intermediaries; (2) reviews rate agreements and the activities of carrier 

alliances; (3) maintains trade monitoring, enforcement, and dispute 

resolution programs; and (4) reviews service agreements, contracts, 

and arrangements for compliance with U.S. law. Traditionally, the 

FMC is reauthorized as part of the Coast Guard’s reauthorization. 

National Oceanic and Atmospheric Administration Commissioned Officer Corps and National Ocean Service 

The NOAA Corps is one of the seven uniformed services of the 

United States.4 The 321 officers of the NOAA Corps make up only 

about 3 percent of NOAA’s personnel, but as the operators of 

NOAA’s ship and aircraft fleet, they are critical to NOAA. Their 

combination of scientific and operational expertise, coupled with a 

high degree of flexibility and deployability, allow them to serve 

throughout NOAA’s line and staff offices and support nearly all of 

NOAA’s programs and missions. NOAA Corps officers also regularly work with other services, commanding Navy underwater unmanned vehicle platoons, training with Navy scientific aircraft 

squadrons, and deploying on Coast Guard cutters. The NOAA 

Corps and the Coast Guard now have joint Officer Candidate 

School classes. 

The National Ocean Service (NOS) is one of six line offices within 

NOAA.5 The navigation, observations, and positioning sector of 

NOS is tasked with geodetic and hydrographic surveys, shoreline 

mapping, and building and maintaining the Nation’s nautical 

charts. The hydrographic survey data are used to support a variety 

of maritime functions including safe navigation, port and harbor 

maintenance, coastal engineering, offshore resource development, 

managing sensitive marine habitats, selecting alternative energy 

sites, identifying geological hazards, and supporting inundation 

studies to understand the risks of coastal erosion, hurricanes, and 

tsunamis. 

SUMMARY OF PROVISIONS

S. 1129, the Coast Guard Authorization Act of 2017, would do 

the following: 

• Enhance the Coast Guard’s maritime drug law enforcement capabilities. 

• Provide enhanced ability for the placement and maintenance of aids to navigation. 

• Authorize the Coast Guard to enter into multiyear contracts on certain new acquisitions. 

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• Provide the Coast Guard parity with a number of DoD authorities. 

• Provide clarity to vessel owners for safety requirements. 

• Increase the safety and flexibility for recreational boaters. 

• Enhance the Coast Guard’s ability to operate in the Arctic. 

• Establish uniform national standards and requirements 

for treatment and management of ballast water and other discharges incidental to the normal operation of a vessel. 

• Provide flexibility to commanding officers in granting leave 

to assist new parents. 

• Enhance the authority of the FMC to allow collaboration 

among Commissioners and monitor compliance with applicable 

maritime law. 

LEGISLATIVE HISTORY

On March 22, 2017, the Committee’s Subcommittee on Oceans, 

Atmosphere, Fisheries, and Coast Guard held a Coast Guard oversight hearing to examine the Coast Guard’s missions, priorities, 

and FY 2018 budget request. 

On May 9, 2017, the Committee’s Subcommittee on Surface 

Transportation and Merchant Marine Infrastructure, Safety, and 

Security held a maritime transportation oversight hearing that, 

among other topics, examined opportunities and challenges for the 

FMC. Acting FMC Chairman Michael Khouri testified on alliances 

and market power issues, as well as on the FMC’s authorities 

under the Shipping Act of 1984. FMC Commissioner Rebecca Dye 

testified on supply chain innovation teams and ways to facilitate 

greater information sharing. FMC Commissioner Mario Cordero 

testified on carrier consolidation, alliances, and supply chain technological advancement. 

S. 1129, the Coast Guard Authorization Act of 2017, was introduced on May 16, 2017, by Senators Sullivan, Thune, and Nelson. 

On May 18, 2017, the Committee met in open Executive Session 

and, by voice vote, ordered S. 1129 to be reported favorably with 

an amendment (in the nature of a substitute). Senators Thune and 

Nelson offered an amendment (in the nature of a substitute) and 

additional amendments were offered by Senators Baldwin, 

Blumenthal, Cantwell, Markey, Peters, and Sullivan, all of which 

were accepted. 

S. 168, the Commercial Vessel Incidental Discharge Act (Senate 

Report 115–16), and S. 171, the NOAA Corps Amendments and Hydrographic Services Improvement Act Reauthorization and Amendments Act of 2017, were previously reported out of Committee on 

January 24, 2017. Both Acts were added as titles in the substitute 

amendment to S. 1129. 

At the Committee’s Executive Session, Senators Cantwell, Booker, Udall, Peters, Baldwin, and Duckworth asked to be recorded as 

‘‘no’’ votes on S. 1129 due to the inclusion of S. 168 in the substitute amendment. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

5 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 1129—Coast Guard Authorization Act of 2017 

Summary: S. 1129 would authorize appropriations totaling $21.1 

billion, primarily for ongoing activities of the Coast Guard (USCG). 

The bill also would authorize appropriations for the Federal Maritime Commission (FMC) and the National Oceanic and Atmospheric Administration (NOAA) and amend laws governing programs administered by all three agencies. Assuming appropriation 

of the specified amounts, CBO estimates that implementing the 

legislation would cost $19.3 billion over the 2018–2020 period. 

CBO also estimates that S. 1129 would increase direct spending for retention bonuses paid to USCG personnel by $269 million over 

the 2018–2027 period. The bill also would affect revenues, but CBO 

estimates that any such changes would be insignificant. Because 

enacting the bill would affect direct spending and revenues, pay-asyou-go procedures apply. 

CBO estimates that enacting S. 1129 would not increase net di- rect spending or on-budget deficits by more than $5 billion in any 

of the four consecutive 10-year periods beginning in 2028. 

S. 1129 would impose intergovernmental and private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

CBO estimates that the cost of the mandates would fall below the 

annual thresholds established in UMRA for intergovernmental and 

private-sector mandates ($78 million and $156 million in 2017, respectively, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 1129 is shown in the following table. The costs 

of this legislation fall within budget functions 400 (transportation) 

and 300 (natural resources and environment). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2017– 

2022 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Coast Guard 

Authorization Level ................................................. 0 9,465 9,804 0 0 0 19,269 

Estimated Outlays .................................................. 0 5,992 7,920 2,571 1,345 737 18,565 

NOAA 

Authorization Level ................................................. 0 183 183 183 183 0 732 

Estimated Outlays .................................................. 0 114 157 178 181 67 697 

Federal Maritime Commission 

Authorization Level ................................................. 0 28 28 0 0 0 56 

Estimated Outlays .................................................. 0 26 27 2 1 0 56 

Total Changes 

Authorization Level ........................................ 0 9,676 10,015 183 183 0 20,057 

Estimated Outlays ......................................... 0 6,132 8,104 2,751 1,527 804 19,318 

INCREASES IN DIRECT SPENDING a

Estimated Budget Authority ............................................ 0 3 9 28 29 30 99 

Estimated Outlays ........................................................... 0 3 9 28 29 30 99 

Note: NOAA = National Oceanic and Atmospheric Administration. 

a CBO estimates that enacting S. 1129 would increase direct spending by $269 million over the 2017–2027 period. 

Basis of estimate: For this estimate, CBO assumes that S. 1129 

will be enacted before the end of fiscal year 2017, that the authorVerDate Sep 11 2014 07:17 Jun 06, 2017 Jkt 069010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR089.XXX SR089
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ized amounts will be provided as specified in the bill, and that outlays will follow historical spending patterns. 

Spending Subject to Appropriation 

S. 1129 would authorize appropriations totaling $20.1 billion over the 2018–2021 period. Most of that amount—$19.3 billion—would 

support ongoing activities of the USCG over the next two years. 

The bill also would authorize appropriations totaling $732 million 

over the 2018–2021 period for NOAA and $56 million for the FMC. 

Coast Guard. S. 1129 would authorize appropriations totaling $9.5 billion in 2018 and $9.8 billion in 2019 for ongoing activities 

of the Coast Guard. (The Congress provided about $8 billion for the 

agency in 2017.) That amount includes: • $14.9 billion for operating expenses; • $4 billion for capital spending to acquire and maintain 

mission-related vessels, aircraft, facilities, and infrastructure; • $289 million for training reservists; • $41 million for research programs; and • $34 million for activities related to enforcing compliance 

with environmental regulations. 

CBO estimates that implementing those provisions would cost $18.6 billion over the 2018–2022 period and an additional $0.7 billion after 2022. 

NOAA. Title IX of the bill would authorize the appropriation of $183 million annually over the 2018–2021 period for NOAA to 

carry out hydrographic activities including: nautical mapping and 

charting, collecting hydrographic data, maintaining a geodetic reference system (a worldwide coordinate system used for navigation 

purposes), and measuring tides and currents. (Information about 

the level of funding provided to NOAA for 2017 was not available 

at the time of this estimate; in 2016 NOAA allocated $207 million 

to carry out similar activities.) CBO estimates that implementing 

title IX would cost $697 million over the 2018–2022 period. 

Federal Maritime Commission. Title VII would authorize the appropriation of $28 million annually over the next two years for the 

FMC, which regulates shipping activities in the United States. 

(The Congress provided $27 million for that agency in 2017.) CBO 

estimates implementing those provisions would cost $56 million 

over the 2018–2022 period. 

Direct Spending and Revenues 

Enacting S. 1129 would increase direct spending mostly for continuation pay, a type of retention bonus paid to certain USCG 

servicemembers. 

Continuation Pay. The National Defense Authorization Act of 

2016 made significant changes to the retirement system that applies to members of the Uniformed Services, including most USCG 

servicemembers. Under the new retirement system, which will take 

effect on January 1, 2018, the agency is authorized to provide retention bonuses—called continuation pay—to members who have 

served for no less than 8 and no more than 12 years, if they commit to at least three additional years of service. The Secretary of 

Homeland Security has significant discretion in determining the 

amount of individuals’ continuation pay, which is set at an amount 

that equals an individual’s monthly basic pay times a multiplier of 

7 

between 2.5 and 13 for active-duty members and between 0.5 and 

6 for part-time reservists. Roughly 29,000 individuals—including 

about 3,800 officers and 25,500 enlisted members—have the option 

of enrolling in the new retirement system. 

Section 206 would specify that mandatory appropriations available to the USGC for retired pay could be used to cover the USCG’s 

costs for continuation pay. Under current law, CBO expects that 

funding for continuation pay will be drawn from discretionary appropriations provided for the salaries and expenses of USCG 

servicemembers. As a result, by expanding the purposes for which 

the agency could use mandatory appropriations to include continuation pay, enacting S. 1129 would increase direct spending. 

The magnitude and timing of spending for continuation pay over 

the 10-year period covered by this estimate is uncertain and depends on a variety of factors—in particular, the number of existing 

members who opt into the new system and qualify for the benefit 

during that period. Opt-in decisions of those individuals will turn 

on multiple factors including their assessments of the value of their 

benefits under the new retirement system—including continuation 

pay—compared to the value of their benefits under the old system. 

As noted above, the Secretary has considerable discretion in setting 

multipliers that will determine individuals’ continuation pay. For 

this estimate, CBO expects the Secretary will set those multipliers 

at levels high enough to retain existing servicemembers at rates 

that would ensure a stable force structure during the upcoming 

transition between retirement systems. 

Specifically, based on an analysis of information from the USCG 

about historical continuation rates and estimates of multipliers required to maintain the existing force structure, CBO estimates that 

continuation pay for most enlisted servicemembers will be set at 

the minimum level required by law, resulting in continuation payments of roughly two-and-one-half times an individual’s monthly 

base pay. In contrast, CBO expects that multipliers for officers will 

be considerably higher. CBO estimates that payments to activeduty officers will be close to one year’s worth of basic pay; reservists’ payments will equal about four months’ worth. At those rates, 

CBO expects that nearly all existing officers with 10 or fewer years 

of service as of January 2018 will opt into the new system when 

it takes effect that year. Opt-in rates for enlisted members will be 

somewhat lower, CBO expects. 

Given those expectations for how USCG will use its continuation 

pay authority, CBO estimates that direct spending for continuation 

pay under the bill would total $269 million over the 2018–2027 period. Payments would be modest in the first two years as relatively 

few individuals are expected to become eligible for continuation pay 

until 2020. Starting in that year, CBO expects spending for continuation pay would rise considerably, particularly for payments to 

officers, which would be steady thereafter, reflecting the expectation that a similar number of officers would become eligible in subsequent years. Overall spending for continuation payments would 

continue to climb gradually, reflecting both growth in the rate at 

which individuals qualify for benefits, and anticipated growth in 

rates of base pay for USCG servicemembers. 

Other Provisions. CBO expects that enacting other provisions of 

S. 1129 would affect direct spending and revenues. However, based 

8 

on an analysis of information from the affected agencies about the 

anticipated effects of such provisions, CBO estimates that any such 

changes, on net, would be insignificant. Those provisions would: 

• Increase civil penalties (which are recorded as revenues) 

for violations of regulations related to the use of cut-off switches for engines used on recreational vessels; 

• Modify time frames and fees related to certificates of documentation for recreational vessels; 

• Allow the USCG to spend, without further appropriation, 

amounts credited to the Abandoned Seafarers Fund for the 

support costs of certain alien seafarers stranded within U.S. jurisdictions; 

• Permit the USCG to rehire certain civilian retirees to 

serve among the agency’s acquisitions workforce without affecting federal annuities paid to those individuals; 

• Establish criminal penalties for violations of a prohibition 

against wearing the uniform of NOAA’s commissioned officer 

corps without proper authorization; 

• Require any individual who enlists and fails to fulfill the 

service requirements of NOAA’s commissioned officer corps to 

repay that agency an amount equal to its costs to train that 

individual; and 

• Allow NOAA to collect and spend, without further appropriation, monetary gifts to finance costs associated with planning the construction of a new port facility. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in outlays that are subject to those pay-as-you-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1129 AS ORDERED REPORTED BY THE 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON MAY 18, 2017 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2017– 

2022 

2017– 

2027 

NET INCREASE IN THE DEFICIT 

Statutory Pay-As-You-Go Impact .... 0 3 9 28 29 30 32 33 34 35 36 99 269 

Increase in long-term direct spending and deficits: CBO estimates that enacting S. 1129 would not increase net direct spending 

or on-budget deficits by more than $5 billion in any of the four consecutive 10-year periods beginning in 2028. 

Intergovernmental and private-sector impact: S. 1129 would impose intergovernmental and private-sector mandates as defined in 

UMRA. CBO estimates that the cost of the mandates would fall 

below the annual thresholds established in UMRA ($78 million for 

intergovernmental mandates and $156 million for private-sector 

mandates in 2017, adjusted annually for inflation). 

Mandates That Apply to Both Public and Private Entities 

The bill would impose intergovernmental and private-sector mandates on operators of marine terminals, such as port authorities 

and owners or operators of drawbridges. The bill would require 

9 

those operators to submit reports on their business activities to the 

Federal Maritime Commission if requested. The bill would require 

owners or operators of drawbridges to notify the public of a temporary change to the operation of the bridge lasting 180 days or 

less. The bill also would require owners or operators of drawbridges 

to record drawbridge movements in a log and make the log available for inspection by the Coast Guard. CBO estimates that the 

cost of complying with those reporting requirements would be 

small. 

Additionally, the bill could increase the costs of complying with 

existing mandates by making personnel in the NOAA commissioned officer corps eligible for protections under the Uniformed 

Services Employment and Reemployment Rights Act (USERRA). 

Protections under that act require public and private employers to 

grant various allowances to members of the uniformed services. Because the number of service members newly covered by USERRA 

would be so small (fewer than 400), CBO estimates that the incremental cost of compliance also would be small. 

Mandates That Apply to Public Entities Only 

The bill would preempt state and local laws in a number of ways. 

It would: • Establish exclusive federal regulation of ballast water and 

other discharges of vessels through a national uniform standard and a set of best management practices; • Exempt NOAA officers from an obligation to serve on juries if the service unreasonably conflicts with official duties or 

would adversely affect the readiness of a unit, command, or activity; • Prohibit states from regulating engine cut-off switch requirements that are not identical to those authorized in the 

bill; and • Allow health-care professionals to practice in states other 

than where they are licensed if they are members, employees, 

or contractors of the Coast Guard performing authorized duties. 

Although those preemptions would limit the application of state 

and local laws, they would impose no duty on state or local governments that would result in additional spending or a loss of revenues. 

Mandates That Apply to Private Entities Only 

The bill would impose a mandate on ocean carriers by subjecting 

any joint negotiations with tug operators to antitrust laws. That is, 

the bill would prohibit ocean carriers from jointly negotiating with 

tug operators unless those negotiations meet the criteria of federal 

antitrust laws. Under the bill, those carriers would need to enter 

into contracts individually with tug operators, which could result in 

higher costs. Currently, only one group of ocean carriers has the 

authority to jointly negotiate with tug operators and that authority 

has not yet been used. Based on those facts and information from 

industry sources, CBO estimates that those costs would not be substantial. 

The bill also would impose a private-sector mandate on manufacturers of recreational vessels by requiring the installation of an enVerDate Sep 11 2014 05:41 Jun 06, 2017 Jkt 069010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR089.XXX SR089
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gine cut-off switch on vessels 25 feet or less in length in accordance 

with an industry standard. (Cut-off switches turn off the engine if 

the operator is separated from the vessel.) Based on information 

from industry sources, CBO estimates that manufacturers would 

only need to install engine cut-off switches on about 5,000 vessels 

because manufacturers already include such switches on most recreational vessels covered by the mandate. On the basis of information about the cost of engine cut-off switches, CBO estimates that 

the cost of installing an engine cut-off switch on those vessels 

would be small. Additionally, the bill would require individuals to 

use an engine cut-off switch when operating a recreational vessel 

25 feet or less in length. CBO estimates that the cost of using a 

cut-off switch would be small. 

The bill also would prohibit individuals from wearing the uniform of the NOAA commission officer corps without authorization. 

CBO expects that the prohibition would affect few individuals. Consequently, the cost of the mandate would be negligible. 

Previous CBO estimate: On March 3, 2017, CBO transmitted a 

cost estimate for S. 171, the National Oceanic and Atmospheric Administration Commissioned Office Corps Amendments and Hydrographic Services Improvement Act Reauthorization and Amendments Act of 2017, as ordered reported by the Senate Committee 

on Commerce, Science, and Transportation on January 24, 2017. 

Title IX of S. 1129 is similar to S. 171, and our estimate of the cost 

of implementing those provisions is the same. 

On February 22, 2017, CBO transmitted a cost estimate for S. 

168, the Commercial Vessel Incidental Discharge Act, as ordered 

reported by the Senate Committee on Commerce, Science, and 

Transportation on January 24, 2017. S. 168 is similar to title VIII 

of S. 1129, and our estimate of the cost of implementing those provisions is the same. 

Estimate prepared by: Federal costs: Megan Carroll (USCG) and 

Robert Reese (NOAA); Impact on State, local, and tribal governments: Jon Sperl; Impact on the private sector: Amy Petz. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

This measure, as reported, would not create any new programs 

or impose any new regulatory requirements, and, therefore, would 

not subject any individuals or businesses to new regulations. 

Title VII of S. 1129 would provide the FMC with discretionary 

information collection authority over marine terminal operators, 

similar to the FMC’s existing authority over common carriers, and 

this authority, if used, could cover up to about 200 entities. 

Title VIII, the Commercial Vessel Incidental Discharge Act, 

would streamline regulatory compliance for the owners and operators of approximately 70,000 vessels with respect to ballast water 

discharge. It also would permanently exempt approximately 

11 

120,000 vessels, including all commercial fishing vessels, from incidental vessel discharge rules and thus reduce the regulatory burden on the owners and operators of those vessels. 

ECONOMIC IMPACT

Enactment of this legislation is not expected to have any significant adverse impacts on the Nation’s economy. Title VIII would 

likely have a positive economic impact by improving the ease with 

which interstate commerce is conducted and reduce the compliance 

costs of businesses. 

PRIVACY

This measure would not impact the personal privacy of individuals. 

PAPERWORK

Title VIII of S. 1129 would replace a myriad of Federal and State 

vessel incidental discharge requirements with a single set of national requirements, and will likely reduce paperwork requirements 

for individuals and businesses. As noted above, title VII does provide the FMC with discretionary information collection authority 

over marine terminal operators, similar to the FMC’s existing authority over common carriers, and the use of that authority could 

lead to new paperwork filings when necessary. S. 1129 also would 

require several reports from the Coast Guard and NOAA, as well 

as a study from the Government Accountability Office. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents. 

This section would provide a short title for the bill and a table 

of contents. 

Section 2. Effective dates. 

This section would set effective dates for the provisions in this 

Act. 

Title I – Authorizations 

Section 101. Authorization of appropriations. 

This section would authorize $7.3 billion and $7.6 billion in discretionary funds for the Coast Guard for FY 2018 and FY 2019, respectively. As reflected in the table above, this is a slight increase 

over FY 2017 enacted levels that accounts for inflation and increased demands on the Coast Guard. It also would authorize $1.9 

billion for FY 2018 and $2.0 billion for FY 2019 for building new 

Offshore Patrol Cutters and continuing other acquisition programs. 

12 

Section 102. Authorized levels of military strength and training. 

This section would authorize an end-of-year strength for active 

duty Coast Guard personnel of 43,000 and set military training 

student loads for FY 2018 and FY 2019, consistent with current 

levels. 

Title II – Coast Guard 

Section 201. Primary duties. 

This section would clarify the Coast Guard’s role in providing for 

national security and as a member of the armed forces at all times. 

Section 202. Training; emergency response providers. 

This section would allow the Coast Guard to fill empty seats for 

training that has already been paid for under a Coast Guard contract with non-Coast Guard emergency personnel. Allocated seats 

for contracted training often go unfilled due to unforeseen circumstances encountered by Coast Guard personnel. The training is 

already contracted for and empty seats are a lost opportunity. 

Section 203. Commissioned service retirement. 

This section would extend the Commandant of the Coast Guard’s 

(Commandant) existing authority to reduce total commissioned 

time needed to retire from 10 to 8 years for another 2 years, until 

2019. This provides a needed management tool and parity with the 

DoD services. 

Section 204. Officer promotion zones. 

This section would allow the Commandant to increase the number of officers reviewed each year for promotion without changing 

the authorized number that can be selected. The overall result 

would be an increase in attrition allowing for increased upward 

mobility throughout the officer ranks. 

Section 205. Officer Evaluation Report. 

This section would require the Commandant to align lieutenant 

junior grade evaluations with those of ensigns or reduce the frequency of lieutenant junior grade evaluations and require a report 

to Congress following surveys of promotion boards, assignment officers, and other Coast Guard officers on the value of the Officer 

Evaluation Report (OER) to their specific process and the amount 

of time spent on each OER throughout the rating chain. 

Section 206. Retired pay; amounts for payments in connection with 

modernized retirement system. 

This section would address gaps in funding for the new blended 

retirement system implemented as part of the 2016 National Defense Authorization Act (NDAA) (P.L. 114–92). This section was 

previously scored as part of the 2016 NDAA and does not request 

additional funds. It clarifies the Coast Guard’s authority to pay for 

the new plan out of its retirement pay account. 

13 

Section 207. Inclusion of vessel for investigation purposes. 

This section would allow the Coast Guard to conduct investigations for Commandant owned vessels in parity with aircraft investigations, including inspecting record keeping. 

Section 208. Leave for the birth or adoption of a child. 

This section would authorize Coast Guard members to use birth 

or adoption leave incrementally at the discretion of the commanding officer. It would provide more flexibility in the leave policy and increase surge capability during times of crisis. 

Section 209. Aviation cadets; appointment as Reserve officers; cross 

reference. 

This section would provide a technical correction to section 373(a) 

of title 14, United States Code, by clarifying the law is referring 

to aviation cadets only. 

Section 210. Clothing at time of discharge for good of service; repeal. 

This section would repeal an unused section of law that required 

the Coast Guard to issue an overcoat to individuals departing the 

Service. 

Section 211. Multiyear contracts. 

This section would authorize the Coast Guard to use multiyear 

contracts to procure the tenth, eleventh, and twelfth National Security Cutters. 

Section 212. Coast Guard ROTC Program. 

This section would direct the Coast Guard to report to Congress 

on the feasibility and need of creating a Coast Guard ROTC program. 

Section 213. National Coast Guard Museum. 

This section would modify certain limitations on how Federal 

funds could be spent with respect to the National Coast Guard Museum. The Secretary would be directed to use, to the maximum extent practicable, non-appropriated and non-Federal funds and 

would be directed to prioritize the use of any appropriated operations and maintenance funds for preserving Coast Guard artifacts. 

Section 214. Polar icebreakers. 

This section would require the Coast Guard to report to Congress 

on the plan to recapitalize the Coast Guard cutter POLAR STAR 

so as to maintain heavy ice breaking capability until the Coast 

Guard’s new icebreakers are complete. 

Section 215. Great Lakes icebreaker acquisition. 

This section would authorize the Coast Guard, out of funds made 

available pursuant to section 2702(2) of title 14, United States 

Code, to construct an icebreaker for the Great Lakes. It also would 

require an acquisition plan for such an icebreaker. 

14 

Title III – Marine Safety 

Section 301. Coast Guard advisory committees. 

This section would provide technical corrections streamlining all 

11 Coast Guard advisory committees and move them into title 14 

of the United States Code. 

Section 302. Clarification of logbook and entry requirements. 

This section would eliminate the term ‘‘official’’ from maritime 

logbook requirements, allowing the use of a wider variety of 

logbooks, including electronic. This section also would exempt ferries and certain passenger vessels from logbook requirements. 

Section 303. Technical amendments; licenses, certifications of registry, and merchant mariner documents. 

This section would clarify language in existing law in regards to 

mariner licensing and documentation. 

Section 304. Numbering for undocumented barges. 

This section would eliminate the requirement for the Coast 

Guard to enforce the numbering of all barges. The original legislation was created to address abandoned barges. This problem has 

been reduced due to civil penalties and the cost-benefit analysis of 

implementing this rule did not support the numbering requirement. 

Section 305. Equipment requirements; exemption from throwable 

personal flotation devices. 

This section would exempt recreational whitewater vessels from 

having to carry an additional flotation cushion. This would only 

apply to whitewater rafts and canoes that require all occupants to 

wear flotation devices while underway and would require the carriage of a throwable rescue rope. 

Section 306. Ensuring maritime coverage. 

This section would direct the Coast Guard to ensure continuity 

of coverage for locations that are losing Coast Guard assets during 

the recapitalization of vessels and aircraft. 

Section 307. Deadline for compliance with alternate safety compliance program. 

This section would delay the implementation of the Alternate 

Safety Compliance Program to 3 years after the date on which the 

Coast Guard promulgates the final rule. 

Section 308. Fishing, fish tender, and fish processing vessel certification. 

This section would further define the meaning of ‘‘built’’ in section 4503 of title 46, United States Code, by explaining the meaning of ‘‘keel is laid.’’ 

Section 309. Termination of unsafe operations; technical amendment. 

This section would provide a technical change, fixing a reference 

in section 4503 of title 46, United States Code. 

15 

Section 310. Installation and use of engine cut-off switches on recreational vessel. 

This section would require the mandatory use of factory installed 

cut-off switches for recreational vessels. It would only apply to vessels less than 26 feet, without a cabin, and only when underway. 

Section 311. Visual distress signals and alternative use. 

This section would require the Coast Guard to develop a performance standard for the alternative use and possession of distress signals, including authorizing electronic position indicating radio beacons and Personal Locating Beacons. 

Section 312. Renewal period for documented recreational vessels. 

This section would adjust the renewal period for recreational vessels from 1 year to 5 years. This would only affect recreational vessels certified by the Federal Government. 

Section 313. Exception from survival craft requirements. 

This section would exempt certain fishing vessels that already 

carry a secondary vessel from the requirement for carrying an outof-water survival craft. It would pertain mostly to seining vessels 

that work with a small skiff while fishing. 

Section 314. Inland waterway and river tender, and bay class icebreaker acquisition plan. 

This section would require the Coast Guard to report to Congress 

on its plan to replace its fleet of aging inland waterway and river 

tenders, as well as the bay class icebreakers. These tenders are 

used on our rivers for maintenance of aids to navigation. The average tender is more than 40 years old. 

Section 315. Arctic planning criteria. 

This section would require the Coast Guard to report to Congress 

on the capabilities available in the Arctic to respond to an oil spill. 

The report will include equipment and assets available, as well as 

location and response times. 

Section 316. Fishing safety grant program. 

This section would extend the current Fishing Safety Training 

and Fishing Safety Research grant programs at their current funding levels until FY 2019. 

Section 317. Safety standards. 

This section would require the Coast Guard to conduct dockside 

exams on certain fishing vessels every 2 years instead of every 5 

years, if requested by the owner or operator. 

Section 318. Commercial fishing vessel safety outreach strategy. 

This section would require the Coast Guard to submit to Congress its plan for conducting outreach to the commercial fishing 

vessel industry. 

16 

Title IV – Maritime Security 

Section 401. Maritime border security cooperation. 

This section would require the Secretary of the department in 

which the Coast Guard is operating to enter into partnerships with 

other Federal, State, and local government agencies to leverage 

technology to improve monitoring of the maritime border. 

Section 402. Currency Detection Canine Team Program. 

This section would authorize the Secretary of the department in 

which the Coast Guard is operating to establish a program to allow 

for the use of canines trained to detect currency for purposes of 

maritime law enforcement. These canine teams may also be included in underway vessel boardings. The section would authorize 

the Secretary to cooperate with other Federal agencies to meet this 

requirement. 

Section 403. Confidential investigative expenses. 

This section would amend section 658 of title 14, United States 

Code, to increase the amount of funds available for confidential investigative expenses from $45,000 to $250,000 per FY. 

Section 404. Monitoring of illegal, unreported, and unregulated 

fishing. 

This section would authorize the Secretary of the department in 

which the Coast Guard is operating to develop a 1 year pilot program to determine the impact of persistent aircraft-based surveillance on illegal maritime activities in the Alaskan and Western Pacific regions. 

Section 405. Strategic assets in the Arctic. 

This section would require the Commandant to submit a report 

to Congress on the progress toward implementing the strategic objectives described in the United States Coast Guard Arctic Strategy. The report would include plans to provide communication 

within the Arctic, plans to prevent marine casualties, the feasibility 

of establishing vessel traffic services, and an assessment of assets 

and infrastructure necessary to meet the strategic objectives. 

Section 406. Fleet requirements assessment and strategy. 

This section would require the Commandant to consult with 

stakeholders and submit to Congress an assessment of its at-sea 

operational fleet requirements to support its 11 statutory missions. 

Section 407. Comptroller General report on certain task forces. 

This section would require the Government Accountability Office 

to conduct a review of Joint Interagency Task Force (JIATF) West’s 

effectiveness as compared to JIATF-South, as well as assessing the 

effectiveness and redundancy of DHS’s three Joint Task Forces as 

compared to JIATF-South. 

17 

Title V – Miscellaneous 

Section 501. Ship shoal lighthouse transfer; repeal. 

This section would repeal section 27 of the Coast Guard Authorization Act of 1991 (P.L. 102–241), which authorized the Secretary 

of Transportation to transfer the rights, title, and interest of the 

United States in the Ship Shoal Lighthouse to the city of Berwick, 

Louisiana because the city has declined to accept title to the lighthouse. 

Section 502. Acquisition workforce expedited hiring authority. 

This section would reinstate the Commandant’s authority to designate shortage category positions and hire highly qualified persons 

to fill them. The section also would allow annuitants receiving benefits from the Civil Service Retirement and Disability Fund to elect 

to retain those benefits if hired by the Commandant to fulfill a position designated in the shortage category. 

Section 503. Drawbridges. 

This section would require the Secretary of the department in 

which the Coast Guard is operating to issue a deviation approval 

letter and publish a notice in the Federal Register if a temporary 

change (less than 180 days) is made to the drawbridge schedule. 

Additionally, the operator of the drawbridge would be required to 

notify the public, law enforcement, and State regulatory agencies 

of the temporary change. Further, if a temporary change to the 

schedule is denied, the reason for the denial must be provided. The 

Secretary also would require drawbridge logs to be kept by operators, and the Coast Guard would be allowed to inspect the logs and 

determine whether efficiency adjustments are needed for maritime 

and vehicular traffic. 

Section 504. Incentive contract; Coast Guard yard and industrial 

establishments. 

This section would authorize commanding officers of the Coast 

Guard Yard or a Coast Guard industrial establishment to enter 

into an incentive order or cost-plus-incentive order with wage-grade 

industrial employees whose performance has improved during the 

term of a project order. This authority could only be used with sufficient justification that such action will benefit the Federal Government. 

Section 505. Coast Guard health-care professionals; licensure portability. 

This section would expand the portability of medical licenses for 

health-care professionals in the Coast Guard to allow such professionals to operate in any of the States, territories, or other possessions of the United States, regardless of where the health-care professional is licensed. 

Section 506. Land exchange; Ayakulik Island, Alaska. 

This section would authorize the Secretary of the Interior to 

enter into a land-exchange agreement, which would transfer ownership of a tract of Federal land in Women’s Bay Alaska to private 

18 

ownership, in exchange for the transfer of Ayakulik Island to Federal control. 

Section 507. Abandoned seafarers fund amendments. 

This section would amend the Seafarers Fund by making the 

funds available directly to the Secretary of the department in 

which the Coast Guard is operating rather than needing an annual 

appropriation, and would amend the reimbursement of the fund to 

include a surcharge of 25 percent of the total amount reimbursed. 

Section 508. Small shipyard contracts. 

This section would provide the Coast Guard the ability to choose 

where alterations, conversions, and repairs of its vessels will be 

conducted based on economic and military considerations, and clarify that such decisions may not be restricted by a particular type 

of shipyard or geographical area. 

Section 509. Western Challenger; certificate of documentation. 

This section would allow the Secretary of the department in 

which the Coast Guard is operating to issue a fisheries endorsement in addition to a coastwise endorsement for the F/V Western 

Challenger. 

Section 510. Radar refresher training. 

This section would eliminate the requirement for mariners to 

complete refresher or recertification training to maintain a radar 

observer endorsement. 

Section 511. Vessel response plan audit. 

This section would require an audit by the Comptroller General 

of the United States on the Coast Guard’s verification and approval 

process for vessel response plans. 

Section 512. Center of Expertise for Great Lakes Oil Spill Research 

and Response. 

This section would require the Coast Guard to establish a Center 

of Expertise on fresh water oil spill near or on the Great Lakes. 

Title VI – Department of Commerce Vessels 

Section 601. Waivers for certain contracts. 

This section would provide the Secretary of Commerce with the 

authority to waive bond requirements for the alteration, repair, 

and construction of vessels used for purposes related to ‘‘An Act to 

define the functions and duties of the Coast and Geodetic Survey, 

and for other purposes,’’ approved on August 6,1947 (33 U.S.C. 

883a et seq.). Current contracting practices already ensure that the 

shipyards are financially sound and the bonding requirements discourages many shipyards from bidding on projects. The DoD, Department of Transportation, and the Coast Guard already have the 

authority to waive the bond requirement. 

19 

Title VII – Federal Maritime Commission 

Section 701. Short title; table of contents. 

This section would provide a short title and a table of contents. 

Section 702. Authorization of appropriations. 

This section would authorize appropriations for FY 2018 and 2019 for the FMC at $28.49 million, or $1 million above the enacted level for FY 2017, and about $3.8 million above the previously authorized level. 

Section 703. Record of meetings and votes. 

This section would allow for limited instances in which a majority of FMC Commissioners can communicate without requiring a 

full public meeting. This change is modeled on the authority provided to the Surface Transportation Board in the Surface Transportation Board Reauthorization Act of 2015 and proposed authority 

for the Federal Communications Commission. 

During such communications, no vote could be taken, the FMC 

General Counsel would be required to be present, and only FMC 

Commissioners or staff could attend. In addition, the FMC would 

be required to disclose meeting topics and participants within 2 

business days of the meeting, unless the discussion relates to an 

ongoing proceeding, in which case the disclosure would be made on 

the date of the final Commission decision. This section also would 

require the FMC to provide a summary with as much general information as possible on any sensitive matter withheld from the public based on current law. 

Section 704. Public participation. 

This section would require that, not later than 7 days after an 

agreement between ocean common carriers or marine terminal operators is filed, the FMC must seek public comment on the agreement filing. This change is intended to largely conform to existing 

practice. This section also would clarify the scope of the Commission’s collection of information authority during the review of such 

agreement filings. 

Section 705. Preventing deceptive practices. 

This section would prohibit unlicensed ocean transportation 

intermediaries, such as freight forwarders, from soliciting or advertising themselves as licensed ocean transportation intermediaries. 

This change is broadly similar to the requirements for brokers registered with the Federal Motor Carriers Safety Administration. The 

change is intended to address recent complaints of fraudulent or 

deceptive practices. 

Section 706. Reports filed with the Commission. 

This section would provide the FMC with the authority to collect 

information from marine terminal operators in a manner similar to 

its authority to collect information from common carriers. This 

change is intended to address recent concerns with the Commission’s ability to secure such information from marine terminal operators in enforcing the provisions of the Shipping Act of 1984 and 

carrying out other functions of the Commission. 

20 

Section 707. Transparency. 

This section would require the FMC to submit to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives quarterly reports on its unfinished regulatory proceedings. This section also would specify the contents of those reports. This change is intended to increase the transparency of the 

regulatory process at the FMC. 

Section 708. Treatment of tug operators. 

This section would subject a group of two or more common carriers to antitrust laws in their negotiations with tug operators. 

This change is intended to treat negotiations between common carriers and tug operators in a similar manner, for the purposes of 

antitrust law, as the negotiations between common carriers and 

truck, rail, or air operators. 

Section 709. Prohibitions and penalties. 

This section would prohibit a common carrier from knowingly 

and willfully accepting cargo from, or transporting cargo for the account of, a freight forwarder that does not have a bond, insurance, 

or other surety required by law. This change is intended to correct 

an inconsistency in which this practice was already prohibited for 

non-vessel-operating common carriers, but not for freight forwarders, despite the fact that both non-vessel-operating common 

carriers and freight forwarders are ocean transportation intermediaries that are required to have a bond, insurance, or other 

surety under existing law. 

Title VIII – The Vessel Incidental Discharge Act 

This title would include the provisions, with minor technical 

changes, of S. 168, the Commercial Vessel Incidental Discharge 

Act, which was reported favorably by this Committee, by voice vote, 

on January 24, 2017 (Senate Report 115–016). 

Title IX – The National Oceanic and Atmospheric Administration 

Commissioned Officer Corps Amendments and Hydrographic 

Services Improvement Act Reauthorization and Amendments Act 

of 2017 

Section 901. Short title. 

This section would designate the short title of this bill as the 

‘‘National Oceanic and Atmospheric Administration Commissioned 

Officer Corps Amendments and Hydrographic Services Improvements Act Reauthorization and Amendments Act of 2017.’’ 

Section 902. References to the National Oceanic and Atmospheric 

Administration Commissioned Officer Corps Act of 2002. 

References for amendments or repeal would be considered to be 

made to a section or provision of the NOAA Corps Act of 2002. 

21 

Subtitle A. General Provisions 

Section 911. Strength and distribution in grade. 

This section would establish the commissioned grades for officers 

in the NOAA Corps, and authorizes the Secretary of Commerce to 

determine the proportion of officers assigned to ranks below Lieutenant Commander. This section would require the Secretary to annually determine the number of officers authorized for service in 

each grade, but would protect officers from demotion, pay cuts, or 

separation from the service as a result of the Secretary’s determination. 

Section 912. Recalled officers. 

Occasionally, the NOAA Corps needs to recall officers from retired status for temporary duty such as for disaster response (e.g., 

Hurricane Katrina, Deepwater Horizon) or to serve on personnel 

boards. It cannot do so if it is at authorized strength, reducing its 

ability to have a ‘‘surge’’ capacity. 

This section would require that, in determining the number of officers in each grade, officers serving in positions of importance and 

responsibility (33 U.S.C. 3028) and officers recalled from retirement for temporary duty (for example, during a disaster response), 

or officers detailed outside of the Administration would not be 

counted in, or against, the total number of authorized officers in 

the NOAA Corps. 

Section 913. Obligated service requirement. 

The NOAA Corps currently does not have any legislative authority to bind officers to service by contract or obligation. Theoretically, an officer could receive training (costs up to $100,000, depending on type of training) and resign from the NOAA Corps 

shortly thereafter. The other Services require an obligated service 

for appointment, training, promotion, etc. of officers to ensure they 

receive an adequate return on investment in these categories. 

This section would authorize the Secretary of Commerce to bind 

NOAA Corps officers to an obligation of service. It also would authorize the Secretary to seek reimbursement from officers who do 

not meet their obligated service requirements, and would characterize that as a debt owed to the United States. This section would 

allow the Secretary to waive an obligation of service requirement 

for an officer that is not qualified for service. 

Section 914. Training and physical fitness. 

This section would authorize the Secretary of Commerce to carry 

out training programs and to require officers to maintain a state 

of physical fitness substantially equivalent to that required for officers in the Coast Guard. 

Section 915. Recruiting materials. 

This section would authorize the use of advertising materials for 

recruitment and retention (such as videos or pamphlets) by the 

Secretary of Commerce. 

22 

Section 916. Technical correction. 

This section would correct a definition of active-duty NOAA 

Corps officers. 

Subtitle B. Parity and Recruitment 

Section 921. Education loans. 

The NOAA Corps does not have the same education loan repayment recruiting incentives as the other Services. This is particularly an issue when trying to increase NOAA Corps diversity— 

many other organizations use these types of incentives to recruit 

minority students with a science and engineering background. 

This section would authorize the Secretary of Commerce to create an education loan repayment program for certain qualified 

NOAA Corps officers. 

Section 922. Interest payments. 

This section would authorize the Secretary of Commerce to create an interest payment program for student loans of certain active-duty NOAA Corps officers. 

Section 923. Student pre-commissioning program. 

This section would authorize the Secretary of Commerce to provide financial assistance to support tuition and other education-related costs of a currently-enrolled student if the student agrees to 

serve for a certain number of years as a NOAA Corps officer upon 

completion of his or her educational program. 

Section 924. Limitation on educational assistance. 

This section would limit the total amount expended by the Secretary of Commerce for educational assistance programs (sections 

201, 202, 203) for NOAA Corps officers to the amount saved by the 

creation of the Officer Candidate rank (section 306). 

Section 925. Applicability of certain provisions of title 10, United 

States Code, and extension of certain authorities applicable to 

members of the armed forces to commissioned officer corps. 

This section would extend the following additional title 10 authorities to the NOAA Corps that include: (1) prohibition on unauthorized wearing of a uniform; (2) rules regarding wearing religious 

apparel in uniform; (3) exemption for serving on certain juries; (4) 

administration of the oath; (5) benefits and services for separated 

members; (6) family programs; (7) notary service; (8) mental health 

resources; and (9) educational assistance. 

It also would give authority to allow the Secretary of Commerce 

to accept certain voluntary services, such as the implementation of 

an ombudsman program. Ombudsman programs are intended to 

improve communication between the command and the family 

members of service members within the command. 

Section 926. Applicability of certain provisions of title 37, United 

States Code. 

This section would extend additional title 37 authorities to the 

NOAA Corps as follows: (1) accession bonuses for officers with critical skills; (2) housing allowances while on field or sea duty and 

23 

housing allowances for dependents of deceased members; (3) personal spending allowances; (4) recruiting expenses; and (5) funeral 

honors duty allowances. 

Section 927. Legion of Merit award. 

This section would amend 1121 of title 10, United States Code, 

to allow the officers of the NOAA Corps to receive the Legion of 

Merit Award. 

Section 928. Prohibition of retaliatory personnel actions. 

This section would amend section 1034 of title 10, United States 

Code, to include members of the NOAA Corps in whistleblower protections provided to members of the military. 

Section 929. Penalties for wearing uniform without authority. 

This section would amend section 702 of title 18, United States 

Code, to include NOAA Corps officers in a provision that makes it 

criminal to wear a uniform without authority. 

Section 930. Application of certain provisions of competitive service 

law. 

This section would amend section 3304 of title 5, United States 

Code, to allow former NOAA Corps officers to be eligible for consideration to competitive service positions. 

Section 931. Employment and reemployment rights. 

This section would amend section 4303 of title 38, United States 

Code, to extend the definition of uniformed services to include 

NOAA Corps officers for the purposes of employment and reemployment rights granted by chapter 43 of that title. 

Section 932. Treatment of commission in commissioned officer corps 

for purposes of certain hiring decisions. 

This section would define that an officer who has served in the 

commissioned officer corps for at least 3 years be deemed in a career or career-conditional position. An officer would therefore be 

qualified to apply for positions limited to individuals currently employed within the Administration. 

Section 933. Direct hire authority. 

This section would allow for the direct hire of a NOAA Corps officer, up to 5 years after leaving the service, into the Federal workforce. To be considered, the officer would have had to meet the 

service obligation defined in section 103 and have been discharged 

under conditions other than dishonorable. 

Subtitle C. Appointments and Promotion of Officers 

Section 941. Appointments. 

This section would allow for officers to be reappointed at the 

same grade they held when they separated from the NOAA Corps. 

It would allow officers to temporarily separate and pursue personnel goals (like starting a family) or other opportunities outside 

the service, while providing a mechanism for their return to active 

duty. 

24 

This section would authorize officers to be commissioned from 

the following sources: (1) officer training school; (2) military service 

academies; and (3) licensed officers of the merchant marine with at 

least 2 years of service on a U.S. vessel. 

Finally, this section would require the Secretary of Commerce to 

coordinate with the Secretary of Defense and the Secretary of the 

department in which the Coast Guard is operating to promote 

inter-service transfers of officers and would give preference to 

inter-service transfers in recruiting new NOAA Corps officers, as 

appropriate. 

Section 942. Personnel boards. 

This section would specify that the membership of personnel 

boards may include officers serving in or above the grade of the officers under consideration by the board, and may include recalled, 

retired officers. 

The current law does not allow retired or active officers below 

the pay grade of commander to serve on personnel boards, and 

makes it very difficult to form personnel boards, due to the NOAA 

Corps’ inherent small size. This would help to ensure the diversity 

of the boards. 

Section 943. Delegation of authority. 

This section would require the President to delegate authority for 

appointments and promotions to the Deputy Secretary of Commerce or NOAA Administrator for periods when the position of Secretary of Commerce is vacant. 

Section 944. Assistant Administrator of the Office of the Marine and 

Aviation Operations. 

This section would require that the position of the Director for 

the Office of Marine and Aviation Operations carry the title of Assistant Administrator to be consistent with the other NOAA line offices. The Office of Marine and Aviation Operations is responsible 

for the oversight of the vessel and aircraft fleets and for the administration of the commissioned officer corps. 

Section 945. Temporary appointments. 

This section would establish a mechanism for junior officers to be 

temporarily appointed by the President alone. 

Section 946. Officer candidates. 

This section would authorize the Secretary of Commerce to create an officer candidate rank for individuals who are in training before receiving their commission. 

Currently, officers entering the NOAA Corps for initial training 

are directly commissioned as officers (Ensigns) on their first day. 

All other services have a period where the individual is an ‘‘officer 

candidate’’ before receiving a commission. This section would give 

NOAA the authority to create an ‘‘officer candidate’’ rank, with reduced pay. This would result in savings of approximately $115,000 

annually, which could be used to pay for officer precommissioning 

and education programs established elsewhere in this bill. 

25 

Section 947. Procurement of personnel. 

This section would authorize the Secretary of Commerce to make 

expenditures in order to recruit NOAA Corps officers. 

Subtitle D. Separation and Retirement of Officers 

Section 951. Involuntary retirement or separation. 

This section would enable deferral of involuntary retirement or 

separation due to medical conditions for officers of any rank. Currently, the NOAA Corps can defer involuntary separation of Lieutenant Commanders and below, but it cannot for Commanders and 

Captains. 

Section 952. Separation pay. 

This section would clarify that separation pay may not be paid 

to an officer discharged after two missed promotion opportunities 

if he or she is not genuinely seeking a promotion. 

Subtitle E. Hydrographic Services and Other Matters 

Section 961. Reauthorization of Hydrographic Services Improvement 

Act of 1998. 

This section would reauthorize the Hydrographic Services Improvement Act of 1998 through FY 2021. The bill would use $5 million and $2 million of the authorized appropriations for Arctic hydrographic surveys and continental shelf delineation, respectively. 

It would limit administrative expenses associated with contract 

management to not more than 5 percent. 

Section 962. System for tracking and reporting all-inclusive cost of 

hydrographic surveys. 

This section would require the Secretary of Commerce within 1 

year after enactment to develop and implement a system to track 

and report the full cost of hydrographic data collection, to include 

costs relating to vessel acquisition, vessel repair, and administration of contacts to procure data. 

Section 963. Homeport of certain research vessels. 

This section would allow the Secretary of Commerce to accept 

non-Federal funds for the purpose of cost estimates, designs, and 

permits necessary for construction to support NOAA vessels in 

Ketchikan, Alaska and St. Petersburg, Florida; and would require 

NOAA to complete strategic plans for such within the 180 days. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

26 

TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES 

PART III. EMPLOYEES

SUBPART B. EMPLOYMENT AND RETENTION

CHAPTER 33. EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I. EXAMINATION, CERTIFICATION, AND APPOINTMENT

§ 3304. Competitive service; examinations 

* * * * * * * 

(f)(1) Preference eligibles or veterans who have been separated 

from the armed forces and members of the commissioned officer 

corps of the National Oceanic and Atmospheric Administration (or 

its predecessor organization the Coast and Geodetic Survey) separated from such uniformed service under honorable conditions after 

3 years or more of active service may not be denied the opportunity 

to compete for vacant positions for which the agency making the 

announcement will accept applications from individuals outside its 

own workforce under merit promotion procedures. 

(2) If selected, a preference eligible øor veteran¿, veteran, or 

member described in paragraph (1) shall receive a career or career-conditional appointment, as appropriate. 

(3) This subsection shall not be construed to confer an entitlement to veterans’ preference that is not otherwise required 

by law. 

(4) The area of consideration for all merit promotion announcements which include consideration of individuals of the 

Federal workforce shall indicate that preference eligibles and 

veterans who have been separated from the armed forces and 

members of the commissioned officer corps of the National Oceanic and Atmospheric Administration (or its predecessor organization the Coast and Geodetic Survey) separated from such 

uniformed service under honorable conditions after 3 years or 

more of active service are eligible to apply. The announcements 

shall be publicized in accordance with section 3327. 

(5) The Office of Personnel Management shall prescribe regulations necessary for the administration of this subsection. The 

regulations shall ensure that an individual who has completed 

an initial tour of active duty is not excluded from the application of this subsection because of having been released from 

such tour of duty shortly before completing 3 years of active 

service, having been honorably released from such duty. 

TITLE 10. ARMED FORCES 

SUBTITLE A. GENERAL MILITARY LAW

PART II. PERSONNEL

CHAPTER 53. MISCELLANEOUS RIGHTS AND BENEFITS

§ 1044a. Authority to act as notary 

(a) The persons named in subsection (b) have the general powers 

of a notary public and of a consul of the United States in the performance of all notarial acts to be executed by any of the following: 

(1) Members of any of the øarmed forces¿ uniformed services. 

27 

(2) Other persons eligible for legal assistance under the provisions of section 1044 of this title or regulations of the Department of Defense. 

(3) Persons serving with, employed by, or accompanying the 

armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. 

(4) Other persons subject to the Uniform Code of Military 

Justice (chapter 47 of this title) outside the United States. 

(b) Persons with the powers described in subsection (a) are the 

following: 

(1) All judge advocates, including reserve judge advocates 

when not in a duty status. 

(2) All civilian attorneys serving as legal assistance attorneys. 

(3) All adjutants, assistant adjutants, and personnel adjutants, including reserve members when not in a duty status. 

(4) All other members of the øarmed forces¿ uniformed services, including reserve members when not in a duty status, 

who are designated by regulations of the øarmed forces¿ uniformed services or by statute to have those powers. 

(5) For the performance of notarial acts at locations outside 

the United States, all employees of a military department or 

the Coast Guard who are designated by regulations of the Secretary concerned or by statute to have those powers for exercise outside the United States. 

(c) No fee may be paid to or received by any person for the performance of a notarial act authorized in this section. 

(d) The signature of any such person acting as notary, together 

with the title of that person’s offices, is prima facie evidence that 

the signature is genuine, that the person holds the designated title, 

and that the person is authorized to perform a notarial act. 

§ 1121. Legion of Merit: award 

The President, under regulations to be prescribed by him, may 

award a decoration called the ‘‘Legion of Merit’’, having suitable appurtenances and devices and not more than four degrees, to any 

member of the øarmed forces¿ uniformed services of the United 

States or of any friendly foreign nation who, after September 8, 

1939, has distinguished himself by exceptionally meritorious conduct in performing outstanding services. 

§ 1588. Authority to accept certain voluntary services 

(a) AUTHORITY TO ACCEPT SERVICES.—Subject to subsection (b) 

and notwithstanding section 1342 of title 31, the Secretary concerned may accept from any person the following services: 

(1) Voluntary medical services, dental services, nursing services, or other health-care related services. 

(2) Voluntary services to be provided for a museum or a natural resources program. 

(3) Voluntary services to be provided for programs providing 

services to members of the øarmed forces¿ uniformed services 

and the families of such members, including the following programs: 

(A) Family support programs. 

(B) Child development and youth services programs. 

28 

(C) Library and education programs. 

(D) Religious programs. 

(E) Housing referral programs. 

(F) Programs providing employment assistance to 

spouses of such members. 

(G) Morale, welfare, and recreation programs, to the extent not covered by another subparagraph of this paragraph. 

(4) Voluntary services as a member of a funeral honors detail 

under section 1491 of this title. 

(5) Legal services voluntarily provided as legal assistance 

under section 1044 of this title. 

(6) Voluntary services as a proctor for administration to secondary school students of the test known as the ‘‘Armed Services Vocational Aptitude Battery’’. 

(7) Voluntary translation or interpretation services offered 

with respect to a foreign language by a person (A) who is registered for such foreign language on the National Foreign Language Skills Registry under section 1596b of this title, or (B) 

who otherwise is approved to provide voluntary translation or 

interpretation services for national security purposes, as determined by the Secretary of Defense. 

(8) Voluntary services to support programs of a committee of 

the Employer Support of the Guard and Reserve as authorized 

by the Secretary of Defense. 

(9) Voluntary services to facilitate accounting for missing 

persons. 

(10) Voluntary legal support services provided by law students through internship and externship programs approved 

by the Secretary concerned. 

* * * * * * * 

(g) SECRETARY CONCERNED FOR ACCEPTANCE OF SERVICES FOR

PROGRAMS SERVING MEMBERS OF NOAA CORPS AND THEIR FAMI- LIES.—For purposes of the acceptance of services described in subsection (a)(3), the term ‘‘Secretary concerned’’ in subsection (a) shall 

include the Secretary of Commerce with respect to members of the 

commissioned officer corps of the National Oceanic and Atmospheric Administration. 

§ 2153. Capstone course: newly selected general and flag officers 

(a) REQUIREMENT.—Each officer selected for promotion to the 

grade of brigadier general or, in the case of the Navy or the commissioned officer corps of the National Oceanic and Atmospheric 

Administration, rear admiral (lower half) shall be required, after 

such selection, to attend a military education course designed specifically to prepare new general and flag officers to work with the 

øother armed forces¿ other uniformed services. (b) WAIVER AUTHORITY.— (1) Subject to paragraph (2), the Secretary of Defense or the 

Secretary of Commerce, as applicable, may waive subsection 

(a)— 

(A) in the case of an officer whose immediately previous 

assignment was in a joint duty assignment and who is 

thoroughly familiar with joint matters; 

29 

(B) when necessary for the good of the service; 

(C) in the case of an officer whose proposed selection for 

promotion is based primarily upon scientific and technical 

qualifications for which joint requirements do not exist (as 

determined under regulations prescribed under section 

619(e)(4) of this title); and 

(D) in the case of a medical officer, dental officer, veterinary officer, medical service officer, nurse, biomedical 

science officer, or chaplain. 

(2) The authority of the Secretary of Defense to grant a waiver under paragraph (1) may only be delegated to the Deputy 

Secretary of Defense, an Under Secretary of Defense, or an Assistant Secretary of Defense. Such a waiver may be granted 

only on a case-by-case basis in the case of an individual officer. 

TITLE 14. COAST GUARD 

PART I. REGULAR COAST GUARD

CHAPTER 1. ESTABLISHMENT AND DUTIES

§ 2. Primary duties 

The Coast Guard shall— 

(1) enforce or assist in the enforcement of all applicable Federal laws on, under, and over the high seas and waters subject 

to the jurisdiction of the United States; 

(2) engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United 

States; 

(3) administer laws and promulgate and enforce regulations 

for the promotion of safety of life and property on and under 

the high seas and waters subject to the jurisdiction of the 

United States, covering all matters not specifically delegated 

by law to some other executive department; 

(4) develop, establish, maintain, and operate, with due regard to the requirements of national defense, aids to maritime 

navigation, icebreaking facilities, and rescue facilities for the 

promotion of safety on, under, and over the high seas and 

waters subject to the jurisdiction of the United States; 

(5) pursuant to international agreements, develop, establish, 

maintain, and operate icebreaking facilities on, under, and 

over waters other than the high seas and waters subject to the 

jurisdiction of the United States; 

(6) engage in oceanographic research of the high seas and in 

waters subject to the jurisdiction of the United States; and 

(7) maintain a state of readiness to function as a specialized 

service in the Navy in time of war, øincluding the fulfillment 

of Maritime Defense Zone command responsibilities¿ and at all 

times assist in the defense of the United States. 

30 

TITLE 14. COAST GUARD 

PART I. REGULAR COAST GUARD

CHAPTER 5. FUNCTIONS AND POWERS

§ 98. 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. 

ø(b) LIMITATION ON EXPENDITURES.— 

ø(1) Except as provided in paragraph (2), the Secretary shall 

not expend any funds appropriated to the Coast Guard on the 

engineering, design, or construction of any museum established 

under this section. 

ø(2) The Secretary shall fund the operation and maintenance 

of the National Coast Guard Museum with nonappropriated 

and non-Federal funds to the maximum extent practicable. The 

priority use of Federal operation and maintenance 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.¿ 

(b) EXPENDITURES.—The Secretary shall fund the operation and 

maintenance of the National Coast Guard Museum with nonappropriated and non-Federal funds to the maximum extent practicable. The priority use of Federal operation and maintenance 

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. 

(c) FUNDING PLAN.—Before the date on which the Commandant 

establishes a 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 Coast 

Guard museum except as set forth in this section. 

31 

TITLE 14. COAST GUARD 

PART I. REGULAR COAST GUARD

CHAPTER 7. COOPERATION WITH OTHER AGENCIES

§ 141a. Training; emergency response providers 

(a) IN GENERAL.—The Commandant (or the Commandant’s designee) may, on a reimbursable or a nonreimbursable basis, make 

training available to public safety personnel whenever the Commandant (or the Commandant’s designee) determines that— 

(1) a member of the Coast Guard, who was 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 described in 

paragraph (1), is able or available to participate in such training; and 

(3) such training, if made available to public safety personnel, would further the goal of interoperability among Federal agencies, non-Federal governmental agencies, or both. 

(b) DEFINITION OF EMERGENCY RESPONSE PROVIDER.—In this section, the term ‘‘emergency response provider’’ has the meaning given 

the term in section 101 of title 6. 

(c) TREATMENT OF REIMBURSEMENT.—Any reimbursement for 

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 

shall not be considered a Federal employee for any purpose, including the purposes of— 

(A) chapter 81 of title 5 (relating to compensation for injury); or 

(B) sections 2671 through 2680 of title 28 (relating to tort 

claims). 

(2) LIMITATION ON LIABILITY.—The individual described in 

paragraph (1) or that individual’s employer shall be liable for 

any claim arising out of such training. 

TITLE 14. COAST GUARD 

PART I. REGULAR COAST GUARD

CHAPTER 11. PERSONNEL OFFICERS

B. SELECTION FOR PROMOTION

§ 256. Promotion zones 

(a) Before convening a selection board to recommend officers for 

promotion to any grade above lieutenant (junior grade) and below 

rear admiral (lower half), the Secretary shall establish a promotion 

zone for the grade to be considered. The promotion zone for each 

grade shall consist of the most senior officers of that grade on the 

active duty promotion list who are eligible for consideration for promotion to the next higher grade and who have not previously been 

placed in a promotion zone for selection for promotion to the next 

32 

higher grade. The number of officers in each zone shall be determined after considering— 

(1) the needs of the service; 

(2) the estimated numbers of vacancies available in future 

years to provide comparable opportunity for promotion of officers in successive year groups; and 

(3) the extent to which current terms of service in that grade 

conform to a desirable career promotion pattern. 

However, such number of officers shall not exceed the number to be selected for promotion divided by øsix-tenths¿ onehalf. 

(b) Promotion zones from which officers will be selected for promotion to the grade of rear admiral (lower half) shall be established by the Secretary as the needs of the service require. 

TITLE 14. COAST GUARD 

PART I. REGULAR COAST GUARD

CHAPTER 11. PERSONNEL OFFICERS

D. DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS

§ 291. Voluntary retirement after twenty years’ service 

(a) IN GENERAL.—Any regular commissioned officer of the Coast 

Guard who has completed twenty years’ active service in the Coast 

Guard, Navy, Army, Air Force, or Marine Corps, or the Reserve 

components thereof, including active duty for training, at least ten 

years of which shall have been active commissioned service, may, 

upon his own application, in the discretion of the øPresident¿ Secretary, be retired from active service. 

(b) ACTIVE COMMISSIONED SERVICE.—The Secretary may authorize the Commandant, through fiscal year 2019, to reduce the requirement under subsection (a) for at least ten years of active service 

as a commissioned officer to a period of not less than eight years. 

TITLE 14. COAST GUARD 

PART I. REGULAR COAST GUARD

CHAPTER 11. PERSONNEL ENLISTED MEMBERS

§ 373. Aviation cadets; appointment as Reserve officers 

(a) An aviation cadet designated under section 371 who fulfills 

the eligibility requirements of section 2003 of title 10 for designation as a naval aviator may be appointed as ensign in the Coast 

Guard Reserve and designated a Coast Guard aviator. 

(b) Aviation cadets who complete their training at approximately 

the same time are considered for all purposes to have begun their 

commissioned service on the same date, and the decision of the 

Secretary in this regard is conclusive. 

33 

TITLE 14. COAST GUARD 

PART I. REGULAR COAST GUARD

CHAPTER 11. PERSONNEL GENERAL PROVISIONS

§ 424b. Retired pay; amounts for payments in connection with 

modernized retirement system 

Of the amounts appropriated for retirement pay under this chapter in any fiscal year, the Secretary may use such sums as are necessary for the following purposes (in addition to other amounts that 

may be available for such purposes) as such purposes relate to a 

member: 

(1) Lump sum payment of certain retired pay under section 

1415 of title 10. 

(2) Thrift Savings Plan contributions under section 8440e(e) 

of title 5. 

(3) Continuation pay under section 356 of title 37. 

§ 431. Leave policies for the Coast Guard 

øNot later than 1 year¿ 

(a) IN GENERAL.—Except as provided in subsection (b), not later 

than 1 year after the date on which the Secretary of the Navy promulgates a new rule, policy, or memorandum pursuant to section 

704 of title 10, United States Code, with respect to leave associated 

with the birth or adoption of a child, the Secretary of the department in which the Coast Guard is operating shall promulgate a 

similar rule, policy, or memorandum that provides leave to officers 

and enlisted members of the Coast Guard that is equal in duration 

and compensation to that provided by the Secretary of the Navy. 

(b) LEAVE ASSOCIATED WITH THE BIRTH OR ADOPTION OF A

CHILD.—Notwithstanding section 701 of title 10 or any other provision of law, the Secretary of the department in which the Coast 

Guard is operating shall ensure that any rule, policy, or memorandum that provides leave associated with the birth or adoption of 

a child to an officer or enlisted member of the Coast Guard permits, 

for not later than 1 year after the date of such birth or adoption and 

at the discretion of the Commanding Officer— 

(1) the officer or member, as applicable, to take such leave in 

increments; and 

(2) flexible work schedules (as defined in regulation promulgated by the Secretary) for the officer or member, as applicable, 

until all such leave is expended. 

TITLE 14. COAST GUARD 

PART I. REGULAR COAST GUARD

CHAPTER 13. PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND

BENEFITS

ø§ 482. Clothing at time of discharge for good of service 

øEnlisted members discharged for bad conduct, undesirability, 

unsuitability, or inaptitude may be furnished civilian clothing, including an overcoat when necessary, the cost of such furnished 

clothing not to exceed $30, per person.¿ 

34 

TITLE 14. COAST GUARD 

PART I. REGULAR COAST GUARD

CHAPTER 15. ACQUISITIONS

SUBCHAPTER I. GENERAL PROVISIONS

§ 563a. Acquisition workforce expedited hiring authority 

For purposes of section 3304 of title 5, the Commandant of the 

Coast Guard may— 

(1) designate any category of acquisition positions within the 

Coast Guard as shortage category positions; and 

(2) use the authorities in such section to recruit and appoint 

highly qualified persons directly to positions so designated. 

§ 563b. Acquisition workforce reemployment authority 

(a) IN GENERAL.—Except as provided in subsection (b), if an annuitant receiving an annuity from the Civil Service Retirement and 

Disability Fund becomes employed in any category of acquisition positions designated by the Commandant of the Coast Guard under 

section 563a of this title, the annuity of an annuitant so employed 

shall continue. An annuitant so reemployed shall not be considered 

an employee for purposes of subchapter III of chapter 83 or chapter 

84 of title 5. 

(b)(1) ELECTION.—An annuitant retired under section 8336(d)(1) 

or 8414(b)(1)(A) of title 5, receiving an annuity from the Civil Service Retirement and Disability Fund, who becomes employed in a position within the Coast Guard after the date of enactment of the 

Coast Guard Authorization Act of 2017, may elect to be subject to 

section 8344 or 8468 of such title (as the case may be). 

(A) DEADLINE.—An election for coverage under this subsection shall be filed not later than 90 days after the Commandant takes reasonable actions to notify employees who 

may file an election. 

(B) COVERAGE.—If an employee files an election under 

this subsection, coverage shall be effective beginning on the 

first day of the first applicable pay period beginning on or 

after the date of the filing of the election. 

(2) APPLICATION.—Paragraph (1) shall apply to an individual 

who is eligible to file an election under paragraph (1) and does 

not file a timely election under this subsection. 

TITLE 14. COAST GUARD 

PART I. REGULAR COAST GUARD

CHAPTER 17. ADMINISTRATION

§ 658. Confidential investigative expenses 

Not more than ø$45,000¿ $250,000 each fiscal year appropriated 

for necessary expenses for the operation of the Coast Guard shall 

be available for investigative expenses of a confidential character, 

to be expended on the approval or authority of the Commandant 

and payment to be made on his certificate of necessity for confidential purposes, and his determination shall be final and conclusive 

upon the accounting officers of the Government. 

35 

§ 667a. 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. 

§ 678. Aircraft and vessel accident investigations 

(a) IN GENERAL.—Whenever the Commandant of the Coast 

Guard conducts an accident investigation of an accident involving 

an aircraft or vessel under the jurisdiction of the Commandant, the 

records and report of the investigation shall be treated in accordance with this section. 

(b) PUBLIC DISCLOSURE OF CERTAIN ACCIDENT INVESTIGATION IN- FORMATION.— (1) IN GENERAL.—Subject to paragraph (2), the Commandant, 

upon request, shall publicly disclose unclassified tapes, scientific reports, and other factual information pertinent to an 

aircraft or vessel accident investigation. 

(2) CONDITIONS.—The Commandant shall only disclose information requested pursuant to paragraph (1) if the Commandant determines— 

(A) that such tapes, reports, or other information would 

be included within and releasable with the final accident 

investigation report; and 

(B) that release of such tapes, reports, or other information— 

(i) would not undermine the ability of accident or 

safety investigators to continue to conduct the investigation; and 

(ii) would not compromise national security. 

(3) RESTRICTION.—A disclosure under paragraph (1) may not 

be made by or through officials with responsibility for, or who 

are conducting, a safety investigation with respect to the accident. 

(c) OPINIONS REGARDING CAUSATION OF ACCIDENT.—Following an 

aircraft or vessel accident referred to in subsection (a)— 

(1) if the evidence surrounding the accident is sufficient for 

the investigators who conduct the accident investigation to 

come to an opinion as to the cause or causes of the accident, 

the final report of the accident investigation shall set forth the 

opinion of the investigators as to the cause or causes of the accident; and 

(2) if the evidence surrounding the accident is not sufficient 

for the investigators to come to an opinion as to the cause or 

causes of the accident, the final report of the accident investigation shall include a description of those factors, if any, that, 

in the opinion of the investigators, substantially contributed to 

or caused the accident. 

(d) USE OF INFORMATION IN CIVIL OR CRIMINAL PROCEEDINGS.— 

For purposes of any civil or criminal proceeding arising from an 

aircraft or vessel accident referred to in subsection (a), any opinion 

of the accident investigators as to the cause of, or the factors contributing to, the accident set forth in the accident investigation reVerDate Sep 11 2014 05:41 Jun 06, 2017 Jkt 069010 PO 00000 Frm 00037 Fmt 6659 Sfmt 6602 E:\HR\OC\SR089.XXX SR089
36 

port may not be considered as evidence in such proceeding, nor 

may such report be considered an admission of liability by the 

United States or by any person referred to in such report. 

(e) DEFINITIONS.—For purposes of this section— 

(1) the term ‘‘accident investigation’’ means any form of investigation by Coast Guard personnel of an aircraft or vessel 

accident referred to in subsection (a), other than a safety investigation; and 

(2) the term ‘‘safety investigation’’ means an investigation by 

Coast Guard personnel of an aircraft or vessel accident referred 

to in subsection (a) that is conducted solely to determine the 

cause of the accident and to obtain information that may prevent the occurrence of similar accidents. 

TITLE 14. COAST GUARD 

PART III. COAST GUARD AUTHORIZATIONS AND REPORTS TO CONGRESS

CHAPTER 27. AUTHORIZATIONS

ø§ 2702. Authorization of appropriations 

øFunds are authorized to be appropriated for each of fiscal years 

2016 and 2017 for necessary expenses of the Coast Guard as follows: 

ø(1) For the operation and maintenance of the Coast Guard, 

not otherwise provided for— 

ø(A) $6,981,036,000 for fiscal year 2016; and 

ø(B) $6,986,815,000 for fiscal year 2017. 

ø(2) For the acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and 

aircraft, including equipment related thereto, and for maintenance, rehabilitation, lease, and operation of facilities and 

equipment— 

ø(A) $1,945,000,000 for fiscal year 2016; and 

ø(B) $1,945,000,000 for fiscal year 2017. 

ø(3) For the Coast Guard Reserve program, including operations and maintenance of the program, personnel and training 

costs, equipment, and services— 

ø(A) $140,016,000 for fiscal year 2016; and 

ø(B) $134,237,000 for fiscal year 2017. 

ø(4) For the environmental compliance and restoration functions of the Coast Guard under chapter 19 of this title— 

ø(A) $16,701,000 for fiscal year 2016; and 

ø(B) $16,701,000 for fiscal year 2017. 

ø(5) To the Commandant of the Coast Guard for research, 

development, test, and evaluation of technologies, materials, 

and human factors directly related to improving the performance of the Coast Guard’s mission with respect to search and 

rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, and for 

maintenance, rehabilitation, lease, and operation of facilities 

and equipment— 

ø(A) $19,890,000 for fiscal year 2016; and 

ø(B) $19,890,000 for fiscal year 2017.¿ 

37 

§ 2702. Authorization of appropriations 

Funds are authorized to be appropriated for each of fiscal years 

2018 and 2019 for necessary expenses of the Coast Guard as follows: 

(1) For the operation and maintenance of the Coast Guard, 

not otherwise provided for— 

(A) $7,300,000,000 for fiscal year 2018; and 

(B) $7,592,000,000 for fiscal year 2019. 

(2) For the acquisition, construction, renovation, and improvement of aids to navigation, shore and offshore facilities, 

vessels, and aircraft, including equipment related thereto, and 

for maintenance, rehabilitation, lease, and operation of facilities 

and equipment— 

(A) $1,985,845,000 for fiscal year 2018, to remain available through September 30, 2022; and 

(B) $2,027,547,745 for fiscal year 2019, to remain available through September 30, 2023. 

(3) For the Coast Guard Reserve program, including operations and maintenance of the program, personnel and training 

costs, equipment, and services— 

(A) $142,956,336 for fiscal year 2018; and 

(B) $145,958,419 for fiscal year 2019. 

(4) For the environmental compliance and restoration of the 

Coast Guard under chapter 19 of this title— 

(A) $17,051,721 for fiscal year 2018, to remain available 

through September 30, 2022; and 

(B) $17,409,807 for fiscal year 2019, to remain available 

through September 20, 2023. 

(5) To the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, materials, and 

human factors directly related to improving the performance of 

the Coast Guard’s mission with respect to search and rescue, 

aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, and for maintenance, 

rehabilitation, lease, and operation of facilities and equipment— 

(A) $20,307,690 for fiscal year 2018; and 

(B) $20,734,151 for fiscal year 2019. 

ø§ 2704. Authorized levels of military strength and training 

ø(a) ACTIVE DUTY STRENGTH.—The Coast Guard is authorized an 

end-of-year strength for active duty personnel of 43,000 for each of 

fiscal years 2016 and 2017. 

ø(b) MILITARY TRAINING STUDENT LOADS.—The Coast Guard is 

authorized average military training student loads for each of fiscal 

years 2016 and 2017 as follows: 

ø(1) For recruit and special training, 2,500 student years. 

ø(2) For flight training, 165 student years. 

ø(3) For professional training in military and civilian institutions, 350 student years. 

ø(4) For officer acquisition, 1,200 student years.¿ 

38 

§ 2704. Authorized levels of military strength and training 

(a) ACTIVE DUTY STRENGTH.—The Coast Guard is authorized an 

end-of-year strength for active duty personnel of 43,000 for each of 

fiscal years 2018 and 2019. 

(b) MILITARY TRAINING STUDENT LOADS.—The Coast Guard is 

authorized average military training student loads for each of fiscal 

years 2018 and 2019 as follows: 

(1) For recruit and special training, 2,500 student years. 

(2) For flight training, 165 student years. 

(3) For professional training in military and civilian institutions, 350 student years. 

(4) For officer acquisition, 1,200 student years. 

TITLE 18. CRIMES AND CRIMINAL PROCEDURE 

PART I. CRIMES

CHAPTER 33. EMBLEMS, INSIGNIA, AND NAMES

§ 702. Uniform of armed forces and Public Health Service 

Whoever, in any place within the jurisdiction of the United 

States or in the Canal Zone, without authority, wears the uniform 

or a distinctive part thereof or anything similar to a distinctive 

part of the uniform of any of the armed forces of the United States, 

Public Health øService or any¿ Service, the commissioned officer 

corps of the National Oceanic and Atmospheric Administration, or 

any auxiliary of such, shall be fined under this title or imprisoned 

not more than six months, or both. 

TITLE 37. PAY AND ALLOWANCES OF THE UNIFORMED 

SERVICES 

CHAPTER 3. BASIC PAY

§ 203. Rates 

* * * * * * * 

(f)(1) An officer candidate enrolled in the basic officer training 

program of the commissioned officer corps of the National Oceanic 

and Atmospheric Administration is entitled, while participating in 

such program, to monthly officer candidate pay at monthly rate 

equal to the basic pay of an enlisted member in the pay grade E– 

5 with less than 2 years service. 

(2) An individual who graduates from such program shall receive 

credit for the time spent participating in such program as if such 

time were time served while on active duty as a commissioned officer. If the individual does not graduate from such program, such 

time shall not be considered creditable for active duty or pay. 

CHAPTER 7. ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION

ALLOWANCES

§ 414. Personal money allowance 

(a) ALLOWANCE FOR OFFICERS SERVING IN CERTAIN RANKS OR POSITIONS.—In addition to other pay or allowances authorized by this 

title, an officer who is entitled to basic pay is entitled to a personal 

money allowance of— 

39 

(1) $500 a year, while serving in the grade of lieutenant general or vice admiral, or in an equivalent grade or rank; 

(2) $1,200 a year, in place of any other personal money allowance authorized by this section, while serving as Surgeon 

General of the Public Health Service or the director of the commissioned officer corps of the National Oceanic and Atmospheric Administration; 

(3) $2,200 a year, in addition to the personal money allowance authorized by clause (1), while serving as a senior member of the Military Staff Committee of the United Nations; 

(4) $2,200 a year, while serving in the grade of general or admiral, or in an equivalent grade or rank; or 

(5) $4,000 a year, in place of any other personal money allowance authorized by this section, while serving as Chief of 

Staff of the Army, Chief of Naval Operations, Chief of Staff of 

the Air Force, Commandant of the Marine Corps, Commandant 

of the Coast Guard, or Chief of the National Guard Bureau. 

(b) ALLOWANCE FOR CERTAIN NAVAL OFFICERS.—In addition to 

other pay or allowances authorized by law, an officer who is serving in one of the following positions is entitled to the amount set 

forth for that position, to be paid annually out of naval appropriations for pay, and to be spent in his discretion for the contingencies 

of his position— 

(1) President of the Naval Postgraduate School-$400; 

(2) Commandant of Midshipmen at the Naval Academy-$800; 

(3) President of the Naval War College-$1,000; 

(4) Superintendent of the Naval Academy-$5,200; and 

(5) Director of Naval Intelligence-$5,200. 

(c) ALLOWANCE FOR SENIOR ENLISTED MEMBERS.—In addition to 

other pay or allowances authorized by this title, a noncommissioned officer is entitled to a personal money allowance of $2,000 

a year while serving as the Sergeant Major of the Army, the Master Chief Petty Officer of the Navy, the Chief Master Sergeant of 

the Air Force, the Sergeant Major of the Marine Corps, the Master 

Chief Petty Officer of the Coast Guard, the Senior Enlisted Advisor 

to the Chairman of the Joint Chiefs of Staff, or the Senior Enlisted 

Advisor to the Chief of the National Guard Bureau. 

TITLE 38. VETERANS’ BENEFITS 

PART I. GENERAL PROVISIONS

CHAPTER 1. GENERAL

§ 101. Definitions 

* * * * * * * 

(21) The term ‘‘active duty’’ means— 

(A) full-time duty in the Armed Forces, other than active 

duty for training; 

(B) full-time duty (other than for training purposes) as 

a commissioned officer of the Regular or Reserve Corps of 

the Public Health Service (i) on or after July 29, 1945, or 

(ii) before that date under circumstances affording entitlement to ‘‘full military benefits’’ or (iii) at any time, for the 

purposes of chapter 13 of this title; 

40 

(C) full-time duty as a commissioned officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration or its predecessor organization the 

Coast and Geodetic Survey (i) on or after July 29, 1945, or 

(ii) before that date (I) while on transfer to one of the 

Armed Forces, or (II) while, in time of war or national 

emergency declared by the President, assigned to duty on 

a project for one of the Armed Forces in an area determined by the Secretary of Defense to be of immediate military hazard, or (III) in the Philippine Islands on December 

7, 1941, and continuously in such islands thereafter, or (iii) 

at any time, for the purposes of chapter 13 of this title; 

(D) service as a cadet at the United States Military, Air 

Force, or Coast Guard Academy, or as a midshipman at 

the United States Naval Academy; and 

(E) authorized travel to or from such duty or service. 

§ 4303. Definitions 

For the purposes of this chapter— 

* * * * * * * 

(16) The term ‘‘uniformed services’’ means the Armed Forces, 

the Army National Guard and the Air National Guard when 

engaged in active duty for training, inactive duty training, or 

full-time National Guard duty, the commissioned corps of the 

Public Health Service, the commissioned officer corps of the National Oceanic and Atmospheric Administration, System members of the National Urban Search and Rescue Response System during a period of appointment into Federal service under 

section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and any other category of persons designated by the President in time of war or national emergency. 

TITLE 40. PUBLIC BUILDINGS, PROPERTY, AND WORKS 

SUBTITLE II. PUBLIC BUILDINGS AND WORKS

PART A. GENERAL

CHAPTER 31. GENERAL

SUBCHAPTER III. BONDS

§ 3134. Waivers for certain contracts 

(a) MILITARY.—The Secretary of the Army, the Secretary of the 

Navy, the Secretary of the Air Force, Secretary of Homeland Security, or the Secretary of Transportation may waive this subchapter 

with respect to cost-plus-a-fixed fee and other cost-type contracts 

for the construction, alteration, or repair of any public building or 

public work of the Federal Government and with respect to contracts for manufacturing, producing, furnishing, constructing, altering, repairing, processing, or assembling vessels, aircraft, munitions, materiel, or supplies for the Army, Navy, Air Force, Secretary 

of Homeland Security, or Coast Guard, respectively, regardless of 

the terms of the contracts as to payment or title. 

(b) TRANSPORTATION.—The Secretary of Transportation may 

waive this subchapter with respect to contracts for the construcVerDate Sep 11 2014 05:41 Jun 06, 2017 Jkt 069010 PO 00000 Frm 00042 Fmt 6659 Sfmt 6602 E:\HR\OC\SR089.XXX SR089
41 

tion, alteration, or repair of vessels when the contract is made 

under sections 1535 and 1536 of title 31, subtitle V of title 46, or 

the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.), 

regardless of the terms of the contracts as to payment or title. 

(c) COMMERCE.—The Secretary of Commerce may waive this subchapter with respect to contracts for the construction, alteration, or 

repair of vessels, regardless of the terms of the contracts as to payment or title, when the contract is made under the Act entitled ‘‘An 

Act to define the functions and duties of the Coast and Geodetic 

Survey, and for other purposes’’, approved August 6, 1947 (33 

U.S.C. 883a et seq.). 

TITLE 46. SHIPPING 

SUBTITLE I. GENERAL

CHAPTER 3. FEDERAL MARITIME COMMISSION

ø§ 303. Record of meetings and votes 

øThe Federal Maritime 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.¿ 

§ 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; and 

(C) 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. 

42 

(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. 

§ 308. Authorization of appropriations 

There is authorized to be appropriated to the Federal Maritime 

Commission ø$24,700,000 for each of fiscal years 2016 and 2017¿ 

$28,490,000 for each of fiscal years 2018 and 2019 for the activities 

of the Commission authorized under this chapter and subtitle IV. 

TITLE 46. SHIPPING 

SUBTITLE I. GENERAL

CHAPTER 7—COAST GUARD ADVISORY COMMITTEES 

§ 701. Administration 

(a) EMPLOYEE STATUS.—A member of an advisory committee or 

advisory council established under this chapter shall not be considered an employee of the Federal Government by reason of service on 

such committee or council, except for the purposes of the following 

provisions of law: 

(1) Section 5703 of title 5 (relating to travel expenses). 

(2) Chapter 81 of title 5 (relating to compensation for work 

injuries). 

(3) Chapter 171 of title 28 and any other Federal statute relating to tort liability. 

(4) If the member is a special Government employee— 

(A) chapter 73 of title 5; 

(B) sections 201, 202, 203, 205, 207, 208, and 209 of title 

18; 

(C) the Ethics in Government Act of 1978 (5 U.S.C. App); 

and 

(D) any other provision of law relating to employee conduct, political activities, ethics, conflict of interest, and corruption that applies to a special Government employee. 

(b) COMPENSATION.—A member of an advisory committee or advisory council established under this chapter who is not otherwise a 

Federal employee shall not receive pay by reason of service on such 

committee or council. 

43 

(c) ACCEPTANCE OF VOLUNTEER SERVICES.—A member of an advisory committee or advisory council established under this chapter 

may serve on a voluntary basis without pay without regard to section 1342 of title 31 or any other law. 

§ 702. Chemical Transportation Advisory Committee 

(a) ESTABLISHMENT.—There is established a Chemical Transportation Advisory Committee (referred to in this section as the ‘‘Committee’’). 

(b) FUNCTION.—The Committee, acting through the Commandant 

(or the Commandant’s designee), is authorized to advise, consult 

with, report to, and make recommendations to the Secretary on matters relating to the safe and secure marine transportation of hazardous materials. 

(c) ORGANIZATION.— 

(1) MEETING.—The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). 

(2) MEMBERSHIP.— 

(A) IN GENERAL.—The Committee shall consist of not 

more than 25 members. 

(B) POINTS OF VIEW.—Each member of the Committee 

shall represent the point of view of 1 of the following entities or groups associated with marine transportation of 

hazardous materials: 

(i) Chemical manufacturing. 

(ii) Marine handling or transportation of chemicals. 

(iii) Vessel design and construction. 

(iv) Marine safety or security. 

(v) Marine environmental protection. 

(C) NEEDS OF THE COAST GUARD.—The Commandant (or 

the Commandant’s designee) shall, based on the needs of 

the Coast Guard, determine the number of members who 

represent a specific point of view. 

(D) RULE OF CONSTRUCTION.—Neither this subsection nor 

any other provision of law or policy shall be construed to 

require an equal distribution of members representing specific points of view among the membership of the Committee. 

(3) STATUS OF MEMBERS.—For the purposes of Federal law, 

including the Ethics in Government Act of 1978 and chapter 11 

of title 18, each member of the Committee is hereby deemed a 

representative of the member’s respective special interest entity 

or group, and not a special Government employee (as defined in 

section 202(a) of title 18). 

(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 

(A) NOMINATIONS.—As necessary, the Secretary shall 

publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. 

(B) APPOINTMENTS.— (i) IN GENERAL.—After timely notice is published, the 

Secretary shall, as necessary, appoint members to the 

Committee. 

(ii) LIMITATIONS.—The Secretary may not seek, consider, or otherwise use information concerning the poVerDate Sep 11 2014 05:41 Jun 06, 2017 Jkt 069010 PO 00000 Frm 00045 Fmt 6659 Sfmt 6603 E:\HR\OC\SR089.XXX SR089
44 

litical affiliation of a nominee in making an appointment to the Committee. 

(iii) REAPPOINTMENTS.—The Secretary may reappoint a member to the Committee more than once. 

(C) SERVICE.—Each member of the Committee shall serve 

at the pleasure of the Secretary. 

(5) TERM; VACANCY.— (A) TERM.— (i) IN GENERAL.—The term of each member of the 

Committee shall expire on December 31 of the third full 

year after the effective date of the appointment. 

(ii) EXTENSIONS.—Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the 

Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the 

appointment. 

(B) VACANCY.—In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. 

(6) CHAIRPERSON; VICE CHAIRPERSON.— (A) IN GENERAL.—The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairperson and another member of the Committee as the Vice Chairperson, both of whom shall serve 

in such capacity at the pleasure of the Commandant (or the 

Commandant’s designee) and for a term to be fixed by the 

Commandant (or the Commandant’s designee). 

(B) RECOMMENDATIONS.—The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate 

as the Chairperson and the Vice Chairperson. 

(C) VACANCY.—The Vice Chairperson shall act as Chairperson in the absence or incapacity of, or in the event of a 

vacancy in the office of, the Chairperson. 

(7) DESIGNATED FEDERAL OFFICER.—The Commandant (or the 

Commandant’s designee) shall designate a Designated Federal 

Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). 

(d) FEDERAL ADVISORY COMMITTEE ACT; TERMINATION.— 

(1) FACA.—The Federal Advisory Committee Act (5 U.S.C. 

App.) shall apply to the Committee. 

(2) TERMINATION.—The Committee shall terminate on September 30, 2027. 

§ 703. Commercial Fishing Safety Advisory Committee 

(a) ESTABLISHMENT.—There is established a Commercial Fishing 

Safety Advisory Committee (referred to in this section as the ‘‘Committee’’). 

(b) FUNCTION.—The Committee, acting through the Commandant 

(or the Commandant’s designee)— 

(1) shall advise, consult with, report to, and make recommendations to the Secretary on matters relating to the safe 

operation of vessels to which chapter 45 of this title applies, inVerDate Sep 11 2014 05:41 Jun 06, 2017 Jkt 069010 PO 00000 Frm 00046 Fmt 6659 Sfmt 6603 E:\HR\OC\SR089.XXX SR089
45 

cluding navigation safety, safety equipment and procedures, 

marine insurance, vessel design, construction, maintenance and 

operation, and personnel qualifications and training; 

(2) shall review proposed regulations promulgated pursuant 

to chapter 45 of this title; 

(3) shall submit recommendations described in paragraph (1) 

to the Secretary in writing; 

(4) may submit any recommendations described in paragraph 

(1) at any time and frequency as determined to be appropriate 

by the Committee; 

(5) shall to review proposed regulations promulgated pursuant to chapter 45 of this title; and 

(6) shall make available to Congress any information, advice, 

and recommendations that the Committee is authorized to give 

to the Secretary. 

(c) ORGANIZATION.— 

(1) MEETING.—The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). 

(2) MEMBERSHIP.— 

(A) IN GENERAL.—The Committee shall consist of 18 

members. 

(B) EXPERIENCE.—Each member of the Committee shall 

have particular expertise, knowledge, and experience regarding the commercial fishing industry. 

(C) POINTS OF VIEW.—Except as provided in subparagraph (D), a member of the Committee shall represent the 

point of view of an entity or group, as follows: 

(i) 10 members representing the commercial fishing 

industry who— 

(I) reflect a regional and representational balance; and 

(II) have experience in the operation of vessels to 

which chapter 45 of this title applies or as a crew 

member or processing line worker on a fish processing vessel. 

(ii) 1 member representing naval architects or marine engineers. 

(iii) 1 member representing manufacturers of equipment for vessels to which chapter 45 of this title applies. 

(iv) 1 member representing education or training professionals related to fishing vessel, fish processing vessel, or fish tender vessel safety or personnel qualifications. 

(v) 1 member representing underwriters that insure 

vessels to which chapter 45 of this title applies. 

(vi) 1 member representing owners of vessels to 

which chapter 45 of this title applies. 

(D) EXCEPTION.— 

(i) IN GENERAL.—Subject to clause (ii), 3 members of 

the Committee shall represent the general public. 

(ii) EXPERIENCE.—Whenever possible, a member who 

represents the general public shall be either— 

46 

(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; or 

(III) a person familiar with issues affecting fishing communities and families of fishermen. 

(3) STATUS OF MEMBERS.—For the purposes of Federal law, 

including the Ethics in Government Act of 1978 and chapter 11 

of title 18— 

(A) a member of the Committee, whom the Secretary appoints to represent a point of view of an entity or group 

under paragraph (2)(C), is hereby deemed a representative 

of the member’s respective special interest entity or group, 

and not a special Government employee (as defined in section 202(a) of title 18); and 

(B) a member of the Committee, whom the Secretary may 

appoint to represent the general public, is hereby deemed a 

special Government employee (as defined in section 202(a) 

of title 18). 

(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 

(A) NOMINATIONS.—As necessary, the Secretary shall 

publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. 

(B) APPOINTMENTS.— (i) IN GENERAL.—After timely notice is published, the 

Secretary shall, as necessary, appoint members to the 

Committee. 

(ii) LIMITATIONS.—The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. 

(iii) REAPPOINTMENTS.—The Secretary may reappoint a member to the Committee more than once. 

(5) TERM; VACANCY.— 

(A) TERM.— (i) IN GENERAL.—The term of each member of the 

Committee shall expire on December 31 of the third full 

year after the effective date of the appointment. 

(ii) EXTENSIONS.—Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the 

Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the 

appointment. 

(B) VACANCY.—In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. 

(6) CHAIRPERSON; VICE CHAIRPERSON.— 

(A) IN GENERAL.—The Committee shall elect a Chairperson and Vice Chairperson from among its members. 

(B) RECOMMENDATIONS.—The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate 

as the Chairperson and the Vice Chairperson. 

47 

(C) VACANCY.—The Vice Chairperson shall act as Chairperson in the absence or incapacity of, or in the event of a 

vacancy in the office of, the Chairperson. 

(7) DESIGNATED FEDERAL OFFICER.—The Commandant (or the 

Commandant’s designee) shall designate a Designated Federal 

Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). 

(d) CONSULTATION.—The Commandant (or the Commandant’s 

designee) shall, whenever practicable— 

(1) consult with the Committee before taking any significant 

action relating to the safe operation of vessels to which chapter 

45 of this title applies; 

(2) consider the information, advice, and recommendations of 

the Committee in consulting with other agencies and the public 

or in formulating policy regarding the safe operation of vessels 

to which chapter 45 of this title applies; 

(3) make all recommendations made by the Committee in 

paragraph (b) public and available for comment within 30 days 

of receiving the recommendation from the Committee; 

(4) respond in writing to all public comments made regarding 

recommendations made by the Committee in paragraph (b); 

(5) respond in writing to any recommendations or resolutions 

made by the Committee in paragraph (b) and provide reasoning 

for acceptation or rejection to all recommendations within 60 

days of receiving the recommendation; and 

(6) make all responses in paragraph (5) available to the Congress and the public at the time the response is transmitted. 

(e) FEDERAL ADVISORY COMMITTEE ACT; TERMINATION.— (1) FACA.—The Federal Advisory Committee Act (5 U.S.C. 

App.) shall apply to the Committee. 

(2) TERMINATION.—The Committee shall terminate on September 30, 2027. 

§ 704. Great Lakes Pilotage Advisory Committee 

(a) ESTABLISHMENT.— (1) IN GENERAL.—The Secretary shall establish a Great Lakes 

Pilotage Advisory Committee (referred to in this section as the 

‘‘Committee’’). 

(2) DUTIES.—The Committee— 

(A) may review proposed Great Lakes pilotage regulations 

and policies and make recommendations to the Secretary 

that the Committee considers appropriate; 

(B) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to Great 

Lakes pilotage; 

(C) may make available to the Congress recommendations that the Committee makes to the Secretary; and 

(D) 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. 

(b) ORGANIZATION.— (1) IN GENERAL.— 

(A) MEMBERSHIP.—The Committee shall consist of 7 

members appointed by the Secretary in accordance with 

48 

this subsection, each of whom has at least 5 years practical 

experience in maritime operations. 

(B) TERM.—The term of each member is for a period of 

not more than 5 years, specified by the Secretary. 

(C) NOTICE.—Before filling a position on the Committee, 

the Secretary shall publish a notice in the Federal Register 

soliciting nominations for membership on the Committee. 

(2) REPRESENTATION.—The membership of the Committee 

shall include— 

(A) the President of each of the 3 Great Lakes pilotage 

districts, or the President’s representative; 

(B) 1 member representing the interests of vessel operators that contract for Great Lakes pilotage services; 

(C) 1 member representing the interests of Great Lakes 

ports; 

(D) 1 member representing the interests of shippers whose 

cargoes are transported through Great Lakes ports; and 

(E) a member with a background in finance or accounting, who— 

(i) must have been recommended to the Secretary by 

a unanimous vote of the other members of the Committee, and 

(ii) may be appointed without regard to requirement 

in paragraph (1) that each member have 5 years of 

practical experience in maritime operations. 

(c)(1) CHAIRPERSON; VICE CHAIRPERSON.—The Committee shall 

elect 1 of its members as the Chairperson and 1 of its members as 

the Vice 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. 

(2) OBSERVER.—The Secretary shall, and any other interested 

agency may, designate a representative to participate as an observer 

with the Committee. The Secretary’s designated representative shall 

act as the executive secretary of the Committee and shall perform 

the duties set forth in section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.). 

(d) RECOMMENDATIONS.— (1) IN GENERAL.—The Secretary shall, whenever practicable, 

consult with the Committee before taking any significant action 

relating to Great Lakes pilotage. 

(2) CONSIDERATION.—The Secretary shall consider the information, advice, and recommendations of the Committee in formulating policy regarding matters affecting Great Lakes pilotage. 

(3) APPROVAL.—Any recommendations to the Secretary under 

subsection (a)(2)(B) must have been approved by at least all but 

1 of the members then serving on the Committee. 

(e)(1) COMPENSATION.—Notwithstanding section 701, a member of 

the Committee, when attending meetings of the Committee or when 

otherwise engaged in the business of the Committee, is entitled to 

receive— 

(A) compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of the current rate of basic pay in effect 

for GS-18 of the General Schedule under section 5332 of title 

5 including travel time; and 

49 

(B) travel or transportation expenses under section 5703 of 

title 5. 

(2) EMPLOYEE STATUS.—Notwithstanding section 701, a member 

of the Committee shall not be considered to be an officer or employee 

of the United States for any purpose based on their receipt of any 

payment under this subsection. 

(f) FEDERAL ADVISORY COMMITTEE ACT; TERMINATION.— (1) FACA.—The Federal Advisory Committee Act (5 U.S.C. 

App.) applies to the Committee, except that the Committee terminates on September 30, 2020. 

(2) RENEWAL.—2 years before the termination date set forth 

in paragraph (1) of this subsection, the Committee shall submit 

to the Congress its recommendation regarding whether the 

Committee should be renewed and continued beyond the termination date. 

§ 705. Lower Mississippi River Waterway Safety Advisory 

Committee 

(a) ESTABLISHMENT.—There is established a Lower Mississippi 

River Waterway Safety Advisory Committee (referred to in this section as the ‘‘Committee’’). 

(b) FUNCTION.—The Committee, acting through the Commandant 

(or the Commandant’s designee), is authorized to advise, consult 

with, report to, and make recommendations to the Secretary on matters relating to communication, surveillance, traffic management, 

anchorages, development and operation of New Orleans Vessel Traffic Services, and other related topics dealing with and actions relating to navigational safety on the Lower Mississippi River. 

(c) ORGANIZATION.— 

(1) MEETING.—The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). 

(2) MEMBERSHIP.— (A) IN GENERAL.—The Committee shall consist of 24 

members. 

(B) EXPERIENCE.—Each member of the Committee shall 

have expertise, knowledge, and experience regarding the 

transportation, equipment, and techniques that are used to 

ship cargo and to navigate vessels on the Lower Mississippi 

River and its connecting navigable waterways, including 

the Gulf of Mexico. 

(C) POINTS OF VIEW.—Except as provided in subparagraph (D), each member of the Committee shall represent 

the point of view of an entity or group, as follows: 

(i) 5 members representing River Port Authorities between Baton Rouge, Louisiana, and the head of passes 

of the Lower Mississippi River, of which— 

(I) 1 member shall be from the Port of St. Bernard; and 

(II) 1 member from the Port of Plaquemines. 

(ii) 2 members representing vessel owners or ship 

owners domiciled in the State of Louisiana. 

(iii) 2 members representing organizations which operate harbor tugs or barge fleets in the geographical 

area covered by the Committee. 

50 

(iv) 2 members representing companies which transport cargo or passengers on the navigable waterways in 

the geographical area covered by the Committee. 

(v) 3 members representing State Commissioned 

Pilot organizations, with 1 member each representing— 

(I) the New Orleans-Baton Rouge Steamship Pilots Association; 

(II) the Crescent River Port Pilots Association; 

and 

(III) the Association Branch Pilots. 

(vi) 3 members representing consumers, shippers, or 

importers and exporters that utilize vessels which utilize the navigable waterways covered by the Committee. 

(vii) 2 members representing those licensed merchant 

mariners, other than pilots, who perform shipboard duties on those vessels which utilize navigable waterways 

covered by the Committee. 

(viii) 1 member representing an organization that 

serves in a consulting or advisory capacity to the maritime industry. 

(ix) 1 member representing an environmental organization. 

(D) ADDITIONAL MEMBERS.— (i) IN GENERAL.—3 members of the Committee shall 

represent the general public. 

(ii) WATER TRANSPORTATION FACILITIES.—Whenever 

possible, 2 of the 3 members who represent the general 

public shall be individuals who utilize water transportation facilities located in the geographic area that the 

Committee covers. 

(3) STATUS OF MEMBERS.—For the purposes of Federal law, 

including the Ethics in Government Act of 1978 and chapter 11 

of title 18— 

(A) each member of the Committee, whom the Secretary 

appoints to represent the point of view of an entity or group 

set out in paragraph (2)(C), is hereby deemed a representative of the member’s respective special interest entity or 

group, and not a special Government employee (as defined 

in section 202(a) of title 18); and 

(B) each member of the Committee, whom the Secretary 

appoints to represent the general public, is hereby deemed 

a special Government employee (as defined in section 202(a) 

of title 18). 

(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 

(A) NOMINATIONS.—As necessary, the Secretary shall 

publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. 

(B) APPOINTMENTS.— 

(i) IN GENERAL.—After timely notice is published, the 

Secretary shall, as necessary, appoint members to the 

Committee. 

(ii) LIMITATIONS.—The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. 

51 

(iii) REAPPOINTMENTS.—The Secretary may reappoint a member to the Committee more than once. 

(C) SERVICE.—Each member of the Committee shall serve 

at the pleasure of the Secretary. 

(5) TERM; VACANCY.— (A) TERM.— (i) IN GENERAL.—The term of each member of the 

Committee shall expire on December 31 of the third full 

year after the effective date of the appointment. 

(ii) EXTENSION.—Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the 

Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the 

appointment. 

(B) VACANCY.—In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. 

(6) CHAIRPERSON; VICE CHAIRPERSON.— 

(A) IN GENERAL.—The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairperson and another member of the Committee as the Vice Chairperson, both of whom shall serve 

in such capacity at the pleasure of the Commandant (or the 

Commandant’s designee) and for a term to be fixed by the 

Commandant (or the Commandant’s designee). 

(B) RECOMMENDATIONS.—The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate 

as the Chairperson and the Vice Chairperson. 

(C) VACANCY.—The Vice Chairperson shall act as Chairperson in the absence or incapacity of, or in the event of a 

vacancy in the office of, the Chairperson. 

(7) DESIGNATED FEDERAL OFFICER.—The Commandant (or the 

Commandant’s designee) shall designate a Designated Federal 

Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). 

(d) CONSULTATION.—The Commandant (or the Commandant’s 

designee) shall, whenever practicable, consult with the Committee 

before taking any significant action relating to navigation safety in 

the Lower Mississippi River. 

(e) FEDERAL ADVISORY COMMITTEE ACT; TERMINATION.— 

(1) FACA.—The Federal Advisory Committee Act (5 U.S.C. 

App.) shall apply to the Committee. 

(2) TERMINATION.—The Committee shall terminate on September 30, 2027. 

§ 706. Merchant Marine Personnel Advisory Committee 

(a) ESTABLISHMENT.—There is established a Merchant Marine 

Personnel Advisory Committee (referred to in this section as the 

‘‘Committee’’). 

(b) FUNCTION.—The Committee, acting through the Commandant 

(or the Commandant’s designee), is authorized to advise, consult 

with, report to, and make recommendations to the Secretary on matVerDate Sep 11 2014 05:41 Jun 06, 2017 Jkt 069010 PO 00000 Frm 00053 Fmt 6659 Sfmt 6603 E:\HR\OC\SR089.XXX SR089
52 

ters relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and 

fitness standards. 

(c) MEETING.—The Committee shall, at least once each calendar 

year, meet at the call of the Commandant (or the Commandant’s 

designee). 

(d) MEMBERSHIP.— 

(1) IN GENERAL.—The Committee shall consist of 19 members. 

(2) POINTS OF VIEW.—Except as provided in subparagraph 

(C), each member of the Committee shall represent the point of 

view of an entity or group, as follows: 

(A) 9 members representing the interests of mariners— 

(i) each of whom— 

(I) shall be a citizen of the United States; and 

(II) shall 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; and 

(ii) among whom shall be— 

(I) 3 deck officers representing the interests of 

merchant marine deck officers, of whom— 

(aa) 2 shall be licensed for oceans any gross 

tons; 

(bb) 1 shall be licensed for inland river 

route with a limited or unlimited tonnage; 

(cc) 2 shall have a master’s license or a master of towing vessels license; 

(dd) 1 shall have significant tanker experience; and 

(ee) to the extent practicable— 

(AA) 1 shall represent the interests of 

labor; and 

(BB) 1 shall represent the interests of 

management; 

(II) 3 engineering officers representing the interests of merchant marine engineering officers, of 

whom— 

(aa) 2 shall be licensed as chief engineer any 

horsepower; 

(bb) 1 shall be licensed as either a limited 

chief engineer or a designated duty engineer; 

and 

(cc) to the extent practicable— 

(AA) 1 shall represent the interests of 

labor; and 

(BB) 1 shall represent the interests of 

management; 

(III) 2 unlicensed seamen, of whom— 

(aa) 1 shall represent the interests of ablebodied seamen; and 

(bb) 1 shall represent the interests of qualified members of the engine department; and 

(IV) 1 pilot representing the interests of merchant marine pilots. 

53 

(B) 6 members representing the interests of marine educators— 

(i) each of whom shall be a marine educator; and 

(ii) among whom shall be— 

(I) 3 marine educators who shall represent the 

interests of maritime academies, including— 

(aa) 2 who shall represent the interests of 

State maritime academies; and 

(bb) 1 who shall represent either the viewpoint of the State maritime academies or the 

United States Merchant Marine Academy; and 

(II) 3 marine educators who shall represent the 

interests of other maritime training institutions, 1 

of whom shall represent the interests of the small 

vessel industry. 

(C) 2 members representing the interests of shipping companies employed in ship operation management. 

(D) 2 members of the Committee shall represent the general public. 

(3) STATUS OF MEMBERS.— 

(A) IN GENERAL.—For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 

11 of title 18— 

(i) a member of the Committee, whom the Secretary 

appoints to represent the point of view of an entity or 

group set out in paragraph (2)(B), is hereby deemed a 

representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18); and 

(ii) a member of the Committee, whom the Secretary 

appoints to represent the general public, is hereby 

deemed a special Government employee (as defined in 

section 202(a) of title 18). 

(B) RULE OF CONSTRUCTION.—Nothing in this section 

shall be construed to prohibit the nomination or appointment of a Federal employee to serve as a member of the 

Committee representing the interests of the United States 

Merchant Marine Academy. 

(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 

(A) NOMINATIONS.—As necessary, the Secretary shall 

publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. 

(B) APPOINTMENTS.— 

(i) IN GENERAL.—After timely notice is published, the 

Secretary shall, as necessary, appoint members to the 

Committee. 

(ii) LIMITATIONS.—The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. 

(iii) REAPPOINTMENT.—The Secretary may reappoint 

a member to the Committee more than once. 

(C) SOLICITING NOMINATIONS.—Notwithstanding subparagraphs (A) and (B), the Secretary may— 

54 

(i) with regard to the appointment of a member or 

members to represent the interests of the State maritime academies, solicit nominations for membership on 

the Committee from each State maritime academy or a 

joint nomination from some or all State maritime 

academies; and 

(ii) with regard to the appointment of a member to 

represent the interests of the United States Merchant 

Marine Academy, solicit a nomination for membership 

on the Committee from the Secretary of Transportation. 

(D) SERVICE.—Each member of the Committee shall serve 

at the pleasure of the Secretary. 

(5) TERM; VACANCY.— 

(A) TERM.— 

(i) IN GENERAL.—The term of each member of the 

Committee shall expire on December 31 of the third full 

year after the effective date of the appointment. 

(ii) EXTENSIONS.—Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the 

Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the 

appointment. 

(iii) VACANCY.—In the case of an appointment to fill 

a vacancy on the Committee, the Secretary shall appoint an individual for a full term. 

(6) CHAIRPERSON; VICE CHAIRPERSON.— 

(A) IN GENERAL.—The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairperson and another member of the Committee as the Vice Chairperson, both of whom shall serve 

in such capacity at the pleasure of the Commandant (or the 

Commandant’s designee) and for a term to be fixed by the 

Commandant (or the Commandant’s designee). 

(B) RECOMMENDATIONS.—The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate 

as the Chairperson and the Vice Chairperson. 

(C) VACANCY.—The Vice Chairperson shall act as Chairperson in the absence or incapacity of, or in the event of a 

vacancy in the office of, the Chairperson. 

(7) DESIGNATED FEDERAL OFFICER.—The Commandant (or the 

Commandant’s designee) shall designate a Designated Federal 

Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). 

(e) FEDERAL ADVISORY COMMITTEE ACT; TERMINATION.— 

(1) FACA.—The Federal Advisory Committee Act (5 U.S.C. 

App.) shall apply to the Committee. 

(2) TERMINATION.—The Committee shall terminate on September 30, 2027. 

55 

§ 707. Merchant Mariner Medical Advisory Committee 

(a) ESTABLISHMENT.—There is established a Merchant Mariner 

Medical Advisory Committee (referred to in this section as the 

‘‘Committee’’). 

(b) FUNCTION.—The Committee, acting through the Commandant 

(or the Commandant’s designee), is authorized to advise, consult 

with, report to, and make recommendations to the Secretary on matters relating to— 

(1) medical certification determinations of 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) ORGANIZATION.— 

(1) MEETING.—The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). 

(2) MEMBERSHIP.— 

(A) IN GENERAL.—The Committee shall consist of 14 

members. 

(B) RESTRICTION.—No member of the Committee shall be 

a regular Federal employee. 

(C) EXPERIENCE.—Of the members of the Committee— 

(i) 10 members shall be healthcare professionals with 

particular expertise, knowledge, or experience regarding the medical examinations of merchant mariners or 

occupational medicine; and 

(ii) 4 members shall be professional mariners with 

knowledge and experience in mariners’ occupational requirements. 

(3) STATUS OF MEMBERS.—For the purposes of Federal law, 

including the Ethics in Government Act of 1978 and chapter 11 

of title 18, each member of the Committee is hereby deemed a 

special Government employee (as defined in section 202(a) of 

title 18). 

(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 

(A) NOMINATIONS.—As necessary, the Secretary shall 

publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. 

(B) APPOINTMENTS.— 

(i) IN GENERAL.—After timely notice is published, the 

Secretary shall, as necessary, appoint members to the 

Committee. 

(ii) LIMITATIONS.—The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. 

(iii) REAPPOINTMENTS.—The Secretary may reappoint a member to the Committee more than once. 

(C) SERVICE.—Each member of the Committee shall serve 

at the pleasure of the Secretary. 

(5) TERM; VACANCY.— 

(A) TERM.— 

56 

(i) IN GENERAL.—The term of each member of the 

Committee shall expire on December 31 of the third full 

year after the effective date of the appointment. 

(ii) EXTENSIONS.—Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the 

Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the 

appointment. 

(iii) VACANCY.—In the case of an appointment to fill 

a vacancy on the Committee, the Secretary shall appoint an individual for a full term. 

(6) CHAIRPERSON; VICE CHAIRPERSON.— 

(A) IN GENERAL.—The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairperson and another member of the Committee as the Vice Chairperson, both of whom shall serve 

in such capacity at the pleasure of the Commandant (or the 

Commandant’s designee) and for a term to be fixed by the 

Commandant (or the Commandant’s designee). 

(B) RECOMMENDATIONS.—The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate 

as the Chairperson and the Vice Chairperson. 

(C) VACANCY.—The Vice Chairperson shall act as Chairperson in the absence or incapacity of, or in the event of a 

vacancy in the office of, the Chairperson. 

(7) DESIGNATED FEDERAL OFFICER.—The Commandant (or the 

Commandant’s designee) shall designate a Designated Federal 

Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). 

(d) FEDERAL ADVISORY COMMITTEE ACT; TERMINATION.— 

(1) FACA.—The Federal Advisory Committee Act (5 U.S.C. 

App.) shall apply to the Committee. 

(2) TERMINATION.—The Committee shall terminate on September 30, 2027. 

§ 708. National Boating Safety Advisory Council 

(a) ESTABLISHMENT.—There is established a National Boating 

Safety Advisory Council (referred to in this section as the ‘‘Council’’). 

(b) ORGANIZATION.— 

(1) MEETING.—The Council shall, at least once each calendar 

year, meet at the call of the Commandant (or the Commandant’s designee). 

(2) MEMBERSHIP.— 

(A) IN GENERAL.—The Council shall consist of 21 members. 

(B) EXPERIENCE.—Each member of the Council shall 

have particular expertise, knowledge, and experience in recreational boating safety. 

(C) POINTS OF VIEW.—Except as provided in subparagraph (D), each member of the Council shall represent the 

point of view of an entity or group, as follows: 

57 

(i) 7 members representing State officials responsible 

for State boating safety programs. 

(ii) 7 members representing manufacturers, wholesale distributors, or retail distributors of recreational 

vessels or associated equipment. 

(iii) At least 5 members representing national recreational boating organizations. 

(D) ADDITIONAL MEMBERS.—Not more than 2 members of 

the Council may represent the general public. 

(E) PANELS.—Additional individuals from an entity or 

group set out in subparagraph (C) may be appointed to 

panels of the Council to assist the Council in performing its 

duties. 

(3) STATUS OF MEMBERS.—For the purposes of Federal law, 

including the Ethics in Government Act of 1978 and chapter 11 

of title 18— 

(A) a member of the Council, whom the Secretary appoints to represent the point of view of an entity or group 

set out in paragraph (2)(C), is hereby deemed a representative of the member’s respective special interest entity or 

group, and not a special Government employee (as defined 

in section 202(a) of title 18); and 

(B) in the event that the Secretary appoints a member to 

represent the general public, such member of the Council is 

hereby deemed a special Government employee (as defined 

in section 202(a) of title 18). 

(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 

(A) NOMINATIONS.—As necessary, the Secretary shall 

publish, in the Federal Register, a notice soliciting nominations for membership on the Council. 

(B) APPOINTMENTS.— 

(i) IN GENERAL.—After timely notice is published, the 

Secretary shall, as necessary, appoint members to the 

Council. 

(ii) LIMITATIONS.—The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Council. 

(iii) VACANCY.—The Secretary may reappoint a member to the Council more than once. 

(C) SERVICE.—Each member of the Council shall serve at 

the pleasure of the Secretary. 

(5) TERM; VACANCY.— 

(A) TERM.— 

(i) IN GENERAL.—The term of each member of the 

Council shall expire on December 31 of the third full 

year after the effective date of the appointment. 

(ii) EXTENSIONS.—Notwithstanding clause (1), paragraph (4), or any other provision of law or policy, the 

Commandant (or the Commandant’s designee) may extend the term of a member of the Council to December 

31 of the fifth full year after the effective date of the appointment. 

58 

(iii) VACANCY.—In the case of an appointment to fill 

a vacancy on the Council, the Secretary shall appoint 

an individual for a full term. 

(6) CHAIRPERSON; VICE CHAIRPERSON.— 

(A) IN GENERAL.—The Commandant (or the Commandant’s designee) shall designate 1 member of the Council as the Chairperson and another member of the Council 

as the Vice Chairperson, both of whom shall serve in such 

capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). 

(B) RECOMMENDATIONS.—The Commandant (or the Commandant’s designee) may solicit, from the Council, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate 

as the Chairperson and the Vice Chairperson. 

(C) VACANCY.—The Vice Chairperson shall act as Chairperson in the absence or incapacity of, or in the event of a 

vacancy in the office of, the Chairperson. 

(7) DESIGNATED FEDERAL OFFICER.—The Commandant (or the 

Commandant’s designee) shall designate a Designated Federal 

Officer to the Council in accordance with the Federal Advisory 

Committee Act (5 U.S.C. App.). 

(c) CONSULTATION.—In addition to the consultation required by 

section 4302 of this title, the Commandant (or the Commandant’s 

designee) shall, whenever practicable, consult with the Council on 

boating safety matters related to chapter 131 of this title. 

(d) FEDERAL ADVISORY COMMITTEE ACT; TERMINATION.— 

(1) FACA.—The Federal Advisory Committee Act (5 U.S.C. 

App.) shall apply to the Council. 

(2) TERMINATION.—The Council shall terminate on September 

30, 2027. 

§ 709. National Maritime Security Advisory Committee 

(a) ESTABLISHMENT.—There is established a National Maritime 

Security Advisory Committee (referred to in this section as the 

‘‘Committee’’). 

(b) FUNCTION.—The Committee, acting through the Commandant 

(or the Commandant’s designee), is authorized to advise, consult 

with, report to, and make recommendations to the Secretary on matters relating to national maritime security. 

(c) ORGANIZATION.— 

(1) MEETING.—The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). 

(2) MEMBERSHIP.— 

(A) IN GENERAL.—The Committee shall consist of not less 

than 8 members, but not more than 12 members. 

(B) EXPERIENCE.—Each member of the Committee shall 

have at least 5 years practical experience in maritime security operations. 

(C) POINTS OF VIEW.—Each member of the Committee 

shall represent the point of view of an entity or group, as 

follows: 

59 

(i) At least 1 member representing the port authorities. 

(ii) At least 1 member representing the facilities owners or operators. 

(iii) At least 1 member representing the terminal 

owners or operators. 

(iv) At least 1 member representing the vessel owners 

or operators. 

(v) At least 1 member representing the maritime 

labor organizations. 

(vi) At least 1 member representing the academic 

community. 

(vii) At least 1 member representing State or local 

governments. 

(viii) At least 1 member representing the maritime 

industry. 

(ix) Not more than 4 members, each representing an 

entity or group, the point of view of which or the area 

of expertise of which the Commandant (or the Commandant’s designee) determines would aid the Committee’s deliberations. 

(3) STATUS OF MEMBERS.—For the purposes of Federal law, 

including the Ethics in Government Act of 1978 and chapter 11 

of title 18, each member of the Committee is hereby deemed a 

representative of the member’s respective special interest entity 

or group, and not a special Government employee (as defined in 

section 202(a) of title 18). 

(4) NOMINATIONS; APPOINTMENTS; SERVICE.— (A) NOMINATIONS.—As necessary, the Secretary shall 

publish in the Federal Register, a notice soliciting nominations for membership on the Committee. 

(B) APPOINTMENTS.— 

(i) IN GENERAL.—After timely notice is published, the 

Secretary shall appoint members to the Committee. 

(ii) LIMITATIONS.—The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of an individual in making an appointment to the Committee. 

(iii) REAPPOINTMENTS.—The Secretary may reappoint a member to the Committee more than once. 

(C) SERVICE.—Each member of the Committee shall serve 

at the pleasure of the Secretary. 

(D) BACKGROUND EXAMINATIONS.—The Secretary may require an individual to have passed an appropriate security 

background examination before appointment to the Committee. 

(5) TERM; VACANCY.— 

(A) TERM.— 

(i) IN GENERAL.—The term of each member of the 

Committee shall expire on December 31 of the third full 

year after the effective date of the appointment. 

(ii) EXTENSIONS.—Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the 

Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to DecemVerDate Sep 11 2014 05:41 Jun 06, 2017 Jkt 069010 PO 00000 Frm 00061 Fmt 6659 Sfmt 6603 E:\HR\OC\SR089.XXX SR089
60 

ber 31 of the fifth full year after the effective date of the 

appointment. 

(iii) VACANCY.—In the case of an appointment to fill 

a vacancy on the Committee, the Secretary shall appoint an individual for a full term. 

(6) CHAIRPERSON; VICE CHAIRPERSON.— 

(A) IN GENERAL.—The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairperson and another member of the Committee as the Vice Chairperson, both of whom shall serve 

in such capacity at the pleasure of the Commandant (or the 

Commandant’s designee) and for a term to be fixed by the 

Commandant (or the Commandant’s designee). 

(B) RECOMMENDATIONS.—The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate 

as the Chairperson and the Vice Chairperson. 

(C) VACANCY.—The Vice Chairperson shall act as Chairperson in the absence or incapacity of, or in the event of a 

vacancy in the office of, the Chairperson. 

(7) DESIGNATED FEDERAL OFFICER.—The Commandant (or the 

Commandant’s designee) shall designate a Designated Federal 

Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). 

(d) FEDERAL ADVISORY COMMITTEE ACT; TERMINATION.— 

(1) FACA.—The Federal Advisory Committee Act (5 U.S.C. 

App.) shall apply to the Committee. 

(2) TERMINATION.—The Committee shall terminate on September 30, 2027. 

§ 710. National Offshore Safety Advisory Committee 

(a) ESTABLISHMENT.—There is established a National Offshore 

Safety Advisory Committee (referred to in this section as the ‘‘Committee’’). 

(b) FUNCTION.—The Committee, acting through the Commandant 

(or the Commandant’s designee), is authorized to advise, consult 

with, report to, and make recommendations to the Secretary on matters relating to activities directly involved with, or in support of, the 

exploration of offshore mineral and energy resources insofar as such 

activities relate to matters within Coast Guard jurisdiction. 

(c) ORGANIZATION.— 

(1) MEETING.—The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). 

(2) MEMBERSHIP.— 

(A) IN GENERAL.—The Committee shall consist of 15 

members. 

(B) POINTS OF VIEW.—Except as provided in subparagraph (C), each member of the Committee shall represent 

the point of view of an entity or group, as follows: 

(i) 2 members representing companies, organizations, 

enterprises, or similar entities engaged in the production of petroleum. 

61 

(ii) 2 members representing companies, organizations, enterprises, or similar entities engaged in offshore drilling. 

(iii) 2 members representing companies, organizations, enterprises or similar entities engaged in the 

support, by offshore supply vessels or other vessels, of 

offshore operations. 

(iv) 1 member representing a company, organization, 

enterprise or similar entity engaged in the construction 

of offshore facilities. 

(v) 1 member representing a company, organization, 

enterprise or similar entity providing diving services to 

the offshore industry. 

(vi) 1 member representing a company, organization, 

enterprise or similar entity providing safety and training services to the offshore industry. 

(vii) 1 member representing a company, organization, 

enterprise or similar entity providing subsea engineering, construction or remotely operated vehicle support 

to the offshore industry. 

(viii) 2 members representing employees of companies, organizations, enterprises or similar entities engaged in offshore operations, 1 of whom should have 

recent practical experience on vessels or units involved 

in the offshore industry. 

(ix) 1 member representing a company, organization, 

enterprise or similar entity providing environmental 

protection, compliance or response services to the offshore industry. 

(x) 1 member representing a company, organization, 

enterprise or similar entity engaged in offshore oil exploration or production on the Outer Continental Shelf 

of Alaska. 

(C) ADDITIONAL MEMBER.—1 member of the Committee 

shall represent the general public. 

(3) STATUS OF MEMBERS.—For the purposes of Federal law, 

including the Ethics in Government Act of 1978 and chapter 11 

of title 18— 

(A) a member of the Committee, whom the Secretary appoints to represent the point of view of an entity or group 

set out in paragraph (2)(C), is hereby deemed a representative of the member’s respective special interest entity or 

group, and not a special Government employee (as defined 

in section 202(a) of title 18); and 

(B) a member of the Committee, whom the Secretary appoints to represent the general public, is hereby deemed a 

special Government employee (as defined in section 202(a) 

of title 18). 

(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 

(A) NOMINATIONS.—As necessary, the Secretary shall 

publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. 

(B) APPOINTMENTS.— 

62 

(i) IN GENERAL.—After timely notice is published, the 

Secretary shall, as necessary, appoint members to the 

Committee. 

(ii) LIMITATIONS.—The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. 

(iii) REAPPOINTMENTS.—The Secretary may reappoint a member to the Committee more than once. 

(C) SERVICE.—Each member of the Committee shall serve 

at the pleasure of the Secretary. 

(5) TERM; VACANCY.— 

(A) TERM.— 

(i) IN GENERAL.—The term of each member of the 

Committee shall expire on December 31 of the third full 

year after the effective date of the appointment. 

(ii) EXTENSIONS.—Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the 

Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the 

appointment. 

(iii) VACANCY.—In the case of an appointment to fill 

a vacancy on the Committee, the Secretary shall appoint an individual for a full term. 

(6) CHAIRPERSON; VICE CHAIRPERSON.— 

(A) IN GENERAL.—The Commandant (or the Commandant’s designee) shall designate one member of the 

Committee as the Chairperson and another member of the 

Committee as the Vice Chairperson, both of whom shall 

serve in such capacity at the pleasure of the Commandant 

(or the Commandant’s designee) and for a term to be fixed 

by the Commandant (or the Commandant’s designee). 

(B) RECOMMENDATIONS.—The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate 

as the Chairperson and the Vice Chairperson. 

(C) VACANCY.—The Vice Chairperson shall act as Chairperson in the absence or incapacity of, or in the event of a 

vacancy in the office of, the Chairperson. 

(7) DESIGNATED FEDERAL OFFICER.—The Commandant (or the 

Commandant’s designee) shall designate a Designated Federal 

Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). 

(d) FEDERAL ADVISORY COMMITTEE ACT; TERMINATION.— 

(1) FACA.—The Federal Advisory Committee Act (5 U.S.C. 

App.) shall apply to the Committee. 

(2) TERMINATION.—The Committee shall terminate on September 30, 2027. 

§ 711. Navigation Safety Advisory Council 

(a) ESTABLISHMENT.—There is established a Navigation Safety 

Advisory Council (referred to in this section as the ‘‘Council’’). 

63 

(b) FUNCTION.—The Council, acting through the Commandant (or 

the Commandant’s designee), is authorized to advise, consult with, 

report to, and make recommendations to 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) ORGANIZATION.— 

(1) MEETING.—The Council shall, at least once each calendar 

year, meet at the call of the Commandant (or the Commandant’s designee). 

(2) MEMBERSHIP.— 

(A) IN GENERAL.—The Council shall consist of not more 

than 21 members. 

(B) EXPERIENCE.—Each member of the Council shall 

have expertise in Inland and International vessel navigation Rules of the Road, aids to maritime navigation, maritime law, vessel safety, or port safety. 

(C) POINTS OF VIEW.—Each member of the Council shall 

represent the point of view of one of the following entities 

or groups: 

(i) Commercial vessel owners or operators. 

(ii) Professional mariners. 

(iii) Recreational boaters. 

(iv) State agencies responsible for vessel or port safety. 

(v) The Maritime Law Association. 

(3) STATUS OF MEMBERS.—For the purposes of Federal law, 

including the Ethics in Government Act of 1978 and chapter 11 

of title 18, each member of the Council is hereby deemed a representative of the member’s respective special interest entity or 

group, and not a special Government employee (as defined in 

section 202(a) of title 18). 

(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 

(A) NOMINATIONS.—As necessary, the Secretary shall 

publish, in the Federal Register, a notice soliciting nominations for membership on the Council. 

(B) APPOINTMENTS.— 

(i) IN GENERAL.—After timely notice is published, the 

Secretary shall, as necessary, appoint members to the 

Council. 

(ii) LIMITATIONS.—The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Council. 

(iii) REAPPOINTMENTS.—The Secretary may reappoint a member to the Council more than once. 

(C) SERVICE.—Each member of the Council shall serve at 

the pleasure of the Secretary. 

(5) TERM; VACANCY.— 

(A) TERM.— 

(i) IN GENERAL.—The term of each member of the 

Council shall expire on December 31 of the third full 

year after the effective date of the appointment. 

64 

(ii) EXTENSIONS.—Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the 

Commandant (or the Commandant’s designee) may extend the term of a member of the Council to December 

31 of the fifth full year after the effective date of the appointment. 

(iii) REAPPOINTMENTS.—In the case of an appointment to fill a vacancy on the Council, the Secretary 

shall appoint an individual for a full term. 

(6) CHAIRPERSON; VICE CHAIRPERSON.— (A) IN GENERAL.—The Commandant (or the Commandant’s designee) shall designate 1 member of the Council as the Chairperson and another member of the Council 

as the Vice Chairperson, both of whom shall serve in such 

capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). 

(B) RECOMMENDATIONS.—The Commandant (or the Commandant’s designee) may solicit, from the Council, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate 

as the Chairperson and the Vice Chairperson. 

(C) VACANCY.—The Vice Chairperson shall act as Chairperson in the absence or incapacity of, or in the event of a 

vacancy in the office of, the Chairperson. 

(7) DESIGNATED FEDERAL OFFICER.—The Commandant (or the 

Commandant’s designee) shall designate a Designated Federal 

Officer to the Council in accordance with the Federal Advisory 

Committee Act (5 U.S.C. App.). 

(d) FEDERAL ADVISORY COMMITTEE ACT; TERMINATION.— 

(1) FACA.—The Federal Advisory Committee Act (5 U.S.C. 

App.) shall apply to the Council. 

(2) TERMINATION.—The Council shall terminate on September 

30, 2027. 

§ 712. Towing Safety Advisory Committee 

(a) ESTABLISHMENT.—There is established a Towing Safety Advisory Committee (referred to in this section as the ‘‘Committee’’). 

(b) FUNCTION.—The Committee, acting through the Commandant 

(or the Commandant’s designee), is authorized to advise, consult 

with, report to, and make recommendations to the Secretary on matters relating to shallow-draft inland navigation, coastal waterway 

navigation, and towing safety. 

(c) ORGANIZATION.— 

(1) MEETING.—The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). 

(2) MEMBERSHIP.— 

(A) IN GENERAL.—The Committee shall consist of 18 

members. 

(B) EXPERIENCE.—Each member of the Committee shall 

have particular expertise, knowledge, and experience regarding— 

(i) shallow-draft inland navigation or coastal waterway navigation; and 

65 

(ii) towing safety. 

(C) POINTS OF VIEW.—Except as provided in subparagraph (D), each member of the Committee shall represent 

the point of view of an entity or group, as follows: 

(i) 7 members representing the barge and towing industry, reflecting a regional geographic balance. 

(ii) 1 member representing the offshore mineral and 

oil supply vessel industry. 

(iii) 1 member representing Masters or Pilots of towing vessels who have experience on the Western Rivers 

and the Gulf Intracoastal Waterway. 

(iv) 1 member representing Masters of towing vessels 

who have experience in offshore service. 

(v) 1 member representing Masters of towing vessels 

who have experience in harbor-assist operations. 

(vi) 1 member representing towing vessel engineers. 

(vii) 2 members representing port districts, authorities, or terminal operators. 

(viii) 1 member representing shippers. 

(ix) 1 member representing shippers who are engaged 

in the chartering or shipping of oil or hazardous materials by barge. 

(D) ADDITIONAL MEMBERS.—2 members of the Committee 

shall represent the general public. 

(3) STATUS OF MEMBERS.—For the purposes of Federal law, 

including the Ethics in Government Act of 1978 and chapter 11 

of title 18— 

(A) a member of the Committee, whom the Secretary appoints to represent the point of view of an entity or group 

set out in paragraph (2)(C), is hereby deemed a representative of the member’s respective special interest entity or 

group, and not a special Government employee (as defined 

in section 202(a) of title 18); and 

(B) a member of the Committee, whom the Secretary appoints to represent the general public, is hereby deemed a 

special Government employee (as defined in section 202(a) 

of title 18). 

(4) NOMINATIONS; APPOINTMENTS; SERVICE.— (A) NOMINATIONS.—As necessary, the Secretary shall 

publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. 

(B) APPOINTMENTS.— 

(i) IN GENERAL.—After timely notice is published, the 

Secretary shall, as necessary, appoint members to the 

Committee. 

(ii) LIMITATIONS.—The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of an individual in making an appointment to the Committee. 

(iii) REAPPOINTMENTS.—The Secretary may reappoint a member to the Committee more than once. 

(C) SERVICE.—Each member of the Committee shall serve 

at the pleasure of the Secretary. 

(5) TERM; VACANCY.— 

(A) TERM.— 

66 

(i) IN GENERAL.—The term of each member of the 

Committee shall expire on December 31 of the third full 

year after the effective date of the appointment. 

(ii) EXTENSIONS.—Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the 

Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the 

appointment. 

(iii) VACANCY.—In the case of an appointment to fill 

a vacancy on the Committee, the Secretary shall appoint an individual for a full term. 

(6) CHAIRPERSON; VICE CHAIRPERSON.— 

(A) IN GENERAL.—The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairperson and another member of the Committee as the Vice Chairperson, both of whom shall serve 

in such capacity at the pleasure of the Commandant (or the 

Commandant’s designee) and for a term to be fixed by the 

Commandant (or the Commandant’s designee). 

(B) RECOMMENDATIONS.—The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate 

as the Chairperson and the Vice Chairperson. 

(C) VACANCY.—The Vice Chairperson shall act as Chairperson in the absence or incapacity of, or in the event of a 

vacancy in the office of, the Chairperson. 

(7) DESIGNATED FEDERAL OFFICER.—The Commandant (or the 

Commandant’s designee) shall designate a Designated Federal 

Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). 

(d) CONSULTATION.—The Commandant (or the Commandant’s 

designee) shall, whenever practicable, consult with the Committee 

before taking any significant action affecting shallow-draft inland 

navigation, coastal waterway navigation, and towing safety. 

(e) FEDERAL ADVISORY COMMITTEE ACT; TERMINATION.— 

(1) FACA.—The Federal Advisory Committee Act (5 U.S.C. 

App.) shall apply to the Committee. 

(2) TERMINATION.—The Committee shall terminate on September 30, 2027. 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART B. INSPECTION AND REGULATION OF VESSELS

CHAPTER 43. RECREATIONAL VESSELS

§ 4302. Regulations 

(a) * * * 

(c) In prescribing regulations under this section, the Secretary 

shall, among other things— 

(1) consider the need for and the extent to which the regulations will contribute to recreational vessel safety; 

67 

(2) consider relevant available recreational vessel safety 

standards, statistics, and data, including public and private research, development, testing, and evaluation; 

(3) not compel substantial alteration of a recreational vessel 

or item of associated equipment that is in existence, or the construction or manufacture of which is begun before the effective 

date of the regulation, but subject to that limitation may require compliance or performance, to avoid a substantial risk of 

personal injury to the public, that the Secretary considers appropriate in relation to the degree of hazard that the compliance will correct; and 

(4) consult with the National Boating Safety Advisory Council established under section ø13110¿ 708 of this title about the 

considerations referred to in clauses (1)-(3) of this subsection. 

(d) * * * 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART B. INSPECTION AND REGULATION OF VESSELS

CHAPTER 31. GENERAL

§ 3104. Survival craft 

(a) REQUIREMENT TO EQUIP.—The Secretary shall require that a 

passenger vessel be equipped with survival craft that ensures that 

no part of an individual is immersed in water, if— 

(1) such vessel is built or undergoes a major conversion after 

January 1, 2016; and 

(2) operates in cold waters as determined by the Secretary. 

(b) HIGHER STANDARD OF SAFETY.—The Secretary may revise 

part 117 or part 180 of title 46, Code of Federal Regulations, as in 

effect before January 1, 2016, if such revision provides a higher 

standard of safety than is provided by the regulations in effect on 

or before the date of the enactment of the Coast Guard Authorization Act of 2016. 

(c) INNOVATIVE AND NOVEL DESIGNS.—The Secretary may, in lieu 

of the requirements set out in part 117 or part 180 of title 46, Code 

of Federal Regulations, as in effect on the date of the enactment 

of the Coast Guard Authorization Act of 2016, allow a passenger 

vessel to be equipped with a life-saving appliance or arrangement 

of an innovative or novel design that— 

(1) ensures no part of an individual is immersed in water; 

and 

(2) provides an equal or higher standard of safety than is 

provided by such requirements as in effect before such date of 

the enactment. 

(d) AUXILIARY CRAFT.— 

(1) EXCEPTION.—Subject to paragraph (2), this section shall 

not apply to a vessel carrying an auxiliary craft on board, except an inflatable liferaft, if the auxiliary craft— 

(A) is readily accessible during an emergency; and 

(B) is capable of safely holding all individuals on board 

the vessel. 

68 

(2) REQUIREMENT.—A vessel described in paragraph (1) may 

not exceed the rated capacity on the capacity plate of the auxiliary craft if the auxiliary craft is equipped with a Coast Guard 

required capacity plate. 

ø(d)¿ (e) BUILT DEFINED.—In this section, the term ‘‘built’’ has 

the meaning that term has under section 4503(e). 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART B. INSPECTION AND REGULATION OF VESSELS

CHAPTER 45. UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

§ 4502. Safety standards 

(a) * * * 

(f) To ensure compliance with the requirements of this chapter, 

the Secretary— 

(1) shall require the individual in charge of a vessel described in subsection (b) to keep a record of equipment maintenance, and required instruction and drills; 

ø(2) shall examine at dockside a vessel described in subsection (b) at least once every 5 years, and shall issue a certificate of compliance to a vessel meeting the requirements of this 

chapter; and¿ 

(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) requested by the owner or operator; 

(3) shall issue a certificate of compliance to a vessel meeting 

the requirements of this chapter and satisfying the requirements 

in paragraph (2); and 

ø(3)¿(4) shall complete the first dockside examination of a 

vessel under this subsection not later than October 15, 2015. 

(g)(1) The individual in charge of a vessel described in subsection 

(b) must pass a training program approved by the Secretary that 

meets the requirements in paragraph (2) of this subsection and 

hold a valid certificate issued under that program. 

(2) The training program shall— 

(A) be based on professional knowledge and skill obtained through sea service and hands-on training, including training in seamanship, stability, collision prevention, 

navigation, fire fighting and prevention, damage control, 

personal survival, emergency medical care, emergency 

drills, and weather; 

(B) require an individual to demonstrate ability to communicate in an emergency situation and understand information found in navigation publications; 

(C) recognize and give credit for recent past experience 

in fishing vessel operation; and 

(D) provide for issuance of a certificate to an individual 

that has successfully completed the program. 

(3) The Secretary shall prescribe regulations implementing 

this subsection. The regulations shall require that individuals 

who are issued a certificate under paragraph (2)(D) must comVerDate Sep 11 2014 05:41 Jun 06, 2017 Jkt 069010 PO 00000 Frm 00070 Fmt 6659 Sfmt 6602 E:\HR\OC\SR089.XXX SR089
69 

plete refresher training at least once every 5 years as a condition of maintaining the validity of the certificate. 

(4) The Secretary shall establish an electronic database listing the names of individuals who have participated in and received a certificate confirming successful completion of a training program approved by the Secretary under this section. 

(h) A vessel to which this chapter applies shall be constructed in 

a manner that provides a level of safety equivalent to the minimum 

safety standards the Secretary may establish for recreational vessels under section 4302, if— 

(1) subsection (b) of this section applies to the vessel; 

(2) the vessel is less than 50 feet overall in length; and 

(3) the vessel is built after January 1, 2010. 

(i)(1) The Secretary shall establish a Fishing Safety Training 

Grants Program to provide funding to municipalities, port authorities, other appropriate public entities, not-for-profit organizations, 

and other qualified persons that provide commercial fishing safety 

training— 

(A) to conduct fishing vessel safety training for vessel operators and crewmembers that— 

(i) in the case of vessel operators, meets the requirements of subsection (g); and 

(ii) in the case of crewmembers, meets the requirements of subsection (g)(2)(A), such requirements of 

subsection (g)(2)(B) as are appropriate for crewmembers, and the requirements of subsections 

(g)(2)(D), (g)(3), and (g)(4); and 

(B) for purchase of safety equipment and training aids 

for use in those fishing vessel safety training programs. 

(2) The Secretary shall award grants under this subsection 

on a competitive basis. 

(3) The Federal share of the cost of any activity carried out 

with a grant under this subsection shall not exceed 75 percent. 

(4) There is authorized to be appropriated $3,000,000 for 

each of fiscal years ø2015 through 2017¿ 2015 through 2019 

for grants under this subsection. 

(j)(1) The Secretary shall establish a Fishing Safety Research 

Grant Program to provide funding to individuals in academia, 

members of non-profit organizations and businesses involved in 

fishing and maritime matters, and other persons with expertise in 

fishing safety, to conduct research on methods of improving the 

safety of the commercial fishing industry, including vessel design, 

emergency and survival equipment, enhancement of vessel monitoring systems, communications devices, de-icing technology, and 

severe weather detection. 

(2) The Secretary shall award grants under this subsection 

on a competitive basis. 

(3) The Federal share of the cost of any activity carried out 

with a grant under this subsection shall not exceed 75 percent. 

(4) There is authorized to be appropriated $3,000,000 for 

each fiscal years ø2015 through 2017¿ 2015 through 2019 for 

activities under this subsection. 

70 

§ 4504. Fishing, fish tender, and fish processing vessel certification 

(a) A vessel to which this subsection applies may not be operated 

unless the vessel— 

(1) meets all survey and classification requirements prescribed by the American Bureau of Shipping or another similarly qualified organization approved by the Secretary; and 

(2) has on board a certificate issued by the American Bureau 

of Shipping or that other organization evidencing compliance 

with this subsection. 

(b) Except as provided in subsection (d), subsection (a) applies to 

a fish processing vessel to which this chapter applies that— 

(1) is built after July 27, 1990; or 

(2) undergoes a major conversion completed after that date. 

(c)(1) Except as provided in paragraph (2), subsection (a) applies 

to a vessel to which section 4502(b) of this title applies that is at 

least 50 feet overall in length and is built after July 1, 2013. 

(2) Subsection (a) does not apply to a fishing vessel or fish 

tender vessel to which section 4502(b) of this title applies, if 

the vessel— 

(A) is at least 50 feet overall in length, and not more 

than ø79¿ 180 feet overall in length as listed on the vessel’s certificate of documentation or certificate of number; 

and 

(B)(i) is built after the date of the enactment of the 

Coast Guard Authorization Act of 2016; and 

(ii) complies with— 

(I) the requirements described in subsection (e); 

or 

(II) the alternative requirements established by 

the Secretary under subsection (f). 

(d)(1) øAfter January 1, 2020, a fishing vessel, fish processing 

vessel, or fish tender vessel to which section 4502(b) of this title applies shall comply with an alternate safety compliance program 

that is developed in cooperation with the commercial fishing industry and prescribed by the Secretary, if¿ Subject to paragraph (3), 

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 the alternate safety 

compliance program if the vessel— 

(A) is at least 50 feet overall in length; 

(B) is built before July 1, 2013; and 

(C) is 25 years of age or older. 

(2) A fishing vessel, fish processing vessel, or fish tender vessel built before July 1, 2013, that undergoes a major conversion 

completed after the later of July 1, 2013, or the date the Secretary øestablishes 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¿ 

prescribes an alternate safety compliance program under paragraph (1), shall comply with the alternate safety compliance 

program. 

71 

ø(3) Alternative safety compliance programs may be developed for purposes of paragraph (1) for specific regions and fisheries.¿ 

(3) For purposes of paragraph (1), a separate alternate safety 

compliance program may be developed for a specific region or 

specific fishery. 

(4) Notwithstanding paragraph (1), vessels owned by a person that owns more than 30 vessels subject to that paragraph 

are not required to meet the alternate safety compliance requirements of that paragraph until January 1, 2030, if that 

owner enters into a compliance agreement with the Secretary 

that provides for a fixed schedule for all of the vessels owned 

by that person to meet requirements of that paragraph by that 

date and the vessel owner is meeting that schedule. 

(5) A fishing vessel, fish processing vessel, or fish tender vessel to which section 4502(b) of this title applies that was 

classed before July 1, 2012, shall— 

(A) remain subject to the requirements of a classification 

society approved by the Secretary; and 

(B) have on board a certificate from that society. 

(e) The requirements referred to in subsection (c)(2)(B)(ii)(I) are 

the following: 

(1) The vessel is designed by an individual licensed by a 

State as a naval architect or marine engineer, and the design 

incorporates standards equivalent to those prescribed by a 

classification society to which the Secretary has delegated authority under section 3316 or another qualified organization 

approved by the Secretary for purposes of this paragraph. 

(2) Construction of the vessel is overseen and certified as 

being in accordance with its design by a marine surveyor of an 

organization accepted by the Secretary. 

(3) The vessel— 

(A) completes a stability test performed by a qualified individual; 

(B) has written stability and loading instructions from a 

qualified individual that are provided to the owner or operator; and 

(C) has an assigned loading mark. 

(4) The vessel is not substantially altered without the review 

and approval of an individual licensed by a State as a naval 

architect or marine engineer before the beginning of such substantial alteration. 

(5) The vessel undergoes a condition survey at least twice in 

5 years, not to exceed 3 years between surveys, to the satisfaction of a marine surveyor of an organization accepted by the 

Secretary. 

(6) The vessel undergoes an out-of-water survey at least once 

every 5 years to the satisfaction of a certified marine surveyor 

of an organization accepted by the Secretary. 

(7) Once every 5 years and at the time of a substantial alteration to such vessel, compliance of the vessel with the requirements of paragraph (3) is reviewed and updated as necessary. 

(8) For the life of the vessel, the owner of the vessel maintains records to demonstrate compliance with this subsection 

72 

and makes such records readily available for inspection by an 

official authorized to enforce this chapter. 

(f)(1) Not later than 10 years after the date of the enactment of 

the Coast Guard Authorization Act of 2016, the Secretary shall 

submit to the Committee on Transportation and Infrastructure of 

the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report that provides an 

analysis of the adequacy of the requirements under subsection (e) 

in maintaining the safety of the fishing vessels and fish tender vessels which are described in subsection (c)(2) and which comply with 

the requirements of subsection (e). 

(2) If the report required under this subsection includes a determination that the safety requirements under subsection (e) 

are not adequate or that additional safety measures are necessary, then the Secretary may establish an alternative safety 

compliance program for fishing vessels or fish tender vessels 

(or both) which are described in subsection (c)(2) and which 

comply with the requirements of subsection (e). 

(3) The alternative safety compliance program established 

under this subsection shall include requirements for— 

(A) vessel construction; 

(B) a vessel stability test; 

(C) vessel stability and loading instructions; 

(D) an assigned vessel loading mark; 

(E) a vessel condition survey at least twice in 5 years, 

not to exceed 3 years between surveys; 

(F) an out-of-water vessel survey at least once every 5 

years; 

(G) maintenance of records to demonstrate compliance 

with the program, and the availability of such records for 

inspection; and 

(H) such other aspects of vessel safety as the Secretary 

considers appropriate. 

(g) For purposes of this section, a keel is laid when a structure, 

adequate of serving as a keel for a vessel greater than 79 feet in 

length is identified for use in the construction of a specific vessel 

and is so affirmed by a marine surveyor. 

ø(g)¿(h) For the purposes of this section, the term ‘‘built’’ means, 

with respect to a vessel, that the vessel’s construction has reached 

any of the following stages: 

(1) The vessel’s keel is laid. 

(2) 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. 

§ 4505. Termination of unsafe operations 

An official authorized to enforce this chapter— 

(1) may direct the individual in charge of a vessel to which 

this chapter applies to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the 

official observes the vessel being operated in an unsafe condition that the official believes creates an especially hazardous 

condition, including ordering the individual in charge to return 

73 

the vessel to a mooring and to remain there until the situation 

creating the hazard is corrected or ended; and 

(2) may order the individual in charge of an uninspected fish 

processing vessel that does not have on board the certificate required under section ø4503(1)¿ 4503(a) of this title to return 

the vessel to a mooring and to remain there until the vessel 

is in compliance with that section. 

ø§ 4508. Commercial fishing safety advisory committee 

ø(a) The Secretary shall establish a Commercial Fishing Safety 

Advisory Committee. The Committee— 

ø(1) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to the safe 

operation of vessels to which this chapter applies, including 

navigation safety, safety equipment and procedures, marine insurance, vessel design, construction, maintenance and operation, and personnel qualifications and training; 

ø(2) may review proposed regulations under this chapter; 

ø(3) may make available to Congress any information, advice, and recommendations that the Committee is authorized 

to give to the Secretary; and 

ø(4) shall meet at the call of the Secretary, who shall call 

such a meeting at least once during each calendar year. 

ø(b)(1) The Committee shall consist of eighteen members with 

particular expertise, knowledge, and experience regarding the commercial fishing industry as follows: 

ø(A) ten members who shall represent the commercial 

fishing industry and who— 

ø(i) reflect a regional and representational balance; 

and 

ø(ii) have experience in the operation of vessels to 

which this chapter applies or as a crew member or 

processing line worker on a fish processing vessel; 

ø(B) three members who shall represent the general 

public, including, whenever possible— 

ø(i) an independent expert or consultant in maritime 

safety; 

ø(ii) a marine surveyor who provides services to vessels to which this chapter applies; and 

ø(iii) a person familiar with issues affecting fishing 

communities and families of fishermen; 

ø(C) one member each of whom shall represent— 

ø(i) naval architects and marine engineers; 

ø(ii) manufacturers of equipment for vessels to 

which this chapter applies; 

ø(iii) education or training professionals related to 

fishing vessel, fish processing vessel, or fish tender 

vessel safety or personnel qualifications; 

ø(iv) underwriters that insure vessels to which this 

chapter applies; and 

ø(v) owners of vessels to which this chapter applies. 

ø(2) At least once each year, the Secretary shall publish a 

notice in the Federal Register and in newspapers of general 

circulation in coastal areas soliciting nominations for membership on the Committee, and, after timely notice is published, 

74 

appoint the members of the Committee. An individual may be 

appointed to a term as a member of the Committee more than 

once. The Secretary may not seek or use information concerning the political affiliation of individuals in making appointments to the Committee. 

ø(3)(A) A member of the Committee shall serve a term of 

three years. 

ø(B) If a vacancy occurs in the membership of the Committee, the Secretary shall appoint a member to fill the remainder of the vacated term. 

ø(4) The Committee shall elect one of its members as the 

Chairman and one of its members as the Vice Chairman. The 

Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the 

Chairman. 

ø(5) The Secretary shall, and any other interested agency 

may, designate a representative to participate as an observer 

with the Committee. These representatives shall, as appropriate, report to and advise the Committee on matters relating 

to vessels to which this chapter applies which are under the 

jurisdiction of their respective agencies. The Secretary’s designated representative shall act as executive secretary for the 

Committee and perform the duties set forth in section 10(c) of 

the Federal Advisory Committee Act (5 App. U.S.C.). 

ø(c) 

ø(1) The Secretary shall, whenever practicable, consult with 

the Committee before taking any significant action relating to 

the safe operation of vessels to which this chapter applies. 

ø(2) The Secretary shall consider the information, advice, 

and recommendations of the Committee in consulting with 

other agencies and the public or in formulating policy regarding the safe operation of vessels to which this chapter applies. 

ø(d)(1) A member of the Committee who is not an officer or employee of the United States or a member of the Armed Forces, 

when attending meetings of the Committee or when otherwise engaged in the business of the Committee, is entitled to receive— 

ø(A) compensation at a rate fixed by the Secretary, not 

exceeding the daily equivalent of the current rate of basic 

pay in effect for GS-18 of the General Schedule under section 5332 of title 5 including travel time; and 

ø(B) travel or transportation expenses under section 

5703 of title 5. 

ø(2) Payments under this section do not render a member of 

the Committee an officer or employee of the United States or 

a member of the Armed Forces for any purpose. 

ø(3) A member of the Committee who is an officer or employee of the United States or a member of the Armed Forces 

may not receive additional pay based on the member’s service 

to the Committee. 

ø(4) The provisions of this section relating to an officer or 

employee of the United States or a member of the Armed 

Forces do not apply to a member of a reserve component of the 

Armed Forces unless that member is in an active status. 

75 

ø(e)(1) The Federal Advisory Committee Act (5 App. U.S.C.) applies to the Committee, except that the Committee terminates on 

September 30, 2020. 

ø(2) Two years prior to the termination date referred to in 

paragraph (1) of this subsection, the Committee shall submit 

to Congress its recommendation regarding whether the Committee should be renewed and continued beyond the termination date.¿ 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART E. MERCHANT SEAMEN LICENSES, CERTIFICATES, AND

DOCUMENTS

CHAPTER 71. LICENSES AND CERTIFICATES OF REGISTRY

§ 7106. Duration of licenses 

(a) IN GENERAL.—A license issued under this part is valid for a 

5-year period and may be renewed for additional 5-year periods; except that the validity of a license issued to a radio officer is conditioned on the continuous possession by the holder of a first-class or 

second-class radiotelegraph operator license issued by the Federal 

Communications Commission. 

(b) ADVANCE RENEWALS.—A renewed license issued under this 

part may be issued up to 8 months in advance but is not effective 

until the date that the previously issued license expires or until the 

completion of any active suspension or revocation of that previously 

issued ømerchant mariner’s document¿ license, whichever is later. 

§ 7107. Duration of certificates of registry 

(a) IN GENERAL.—A certificate of registry issued under this part 

is valid for a 5-year period and may be renewed for additional 5- 

year periods; except that the validity of a certificate issued to a 

medical doctor or professional nurse is conditioned on the continuous possession by the holder of a license as a medical doctor or 

registered nurse, respectively, issued by a State. 

(b) ADVANCE RENEWALS.—A renewed certificate of registry issued 

under this part may be issued up to 8 months in advance but is 

not effective until the date that the previously issued certificate of 

registry expires or until the completion of any active suspension or 

revocation of that previously issued ømerchant mariner’s document¿ certificate of registry, whichever is later. 

ø§ 7115. Merchant mariner medical advisory committee 

ø(a) ESTABLISHMENT.— 

ø(1) IN GENERAL.—There is established a Merchant Mariner 

Medical Advisory Committee (in this section referred to as the 

‘‘Committee’’). 

ø(2) FUNCTIONS.—The Committee shall advise the Secretary 

on matters relating to— 

ø(A) medical certification determinations for issuance of 

licences, certificates of registry, and merchant mariners’ 

documents; 

76 

ø(B) medical standards and guidelines for the physical 

qualifications of operators of commercial vessels; 

ø(C) medical examiner education; and 

ø(D) medical research. 

ø(b) MEMBERSHIP.— 

ø(1) IN GENERAL.—The Committee shall consist of 14 members, none of whom is a Federal employee, and shall include— 

ø(A) ten who are health-care professionals with particular expertise, knowledge, or experience regarding the 

medical examinations of merchant mariners or occupational medicine; and 

ø(B) four who are professional mariners with knowledge 

and experience in mariner occupational requirements. 

ø(2) STATUS OF MEMBERS.—Members of the Committee shall 

not be considered Federal employees or otherwise in the service or the employment of the Federal Government, except that 

members shall be considered special Government employees, as 

defined in section 202(a) of title 18, United States Code, and 

shall be subject to any administrative standards of conduct applicable to the employees of the department in which the Coast 

Guard is operating. 

ø(c) APPOINTMENTS; TERMS; VACANCIES.— 

ø(1) APPOINTMENTS.—The Secretary shall appoint the members of the Committee, and each member shall serve at the 

pleasure of the Secretary. 

ø(2) TERMS.—Each member shall be appointed for a term of 

five years, except that, of the members first appointed, three 

members shall be appointed for a term of two years. 

ø(3) VACANCIES.—Any member appointed to fill the vacancy 

prior to the expiration of the term for which that member’s 

predecessor was appointed shall be appointed for the remainder of that term. 

ø(d) CHAIRMAN AND VICE CHAIRMAN.—The Secretary shall designate one member of the Committee as the Chairman and one 

member as the Vice 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. 

ø(e) COMPENSATION; REIMBURSEMENT.—Members of the Committee shall serve without compensation, except that, while engaged in the performance of duties away from their homes or regular places of business of the member, the member of the Committee may be allowed travel expenses, including per diem in lieu 

of subsistence, as authorized by section 5703 of title 5. 

ø(f) STAFF; SERVICES.—The Secretary shall furnish to the Committee the personnel and services as are considered necessary for 

the conduct of its business.¿ 

77 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART E. MERCHANT SEAMEN LICENSES, CERTIFICATES, AND

DOCUMENTS

CHAPTER 75. GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, 

AND DOCUMENTATION

§ 7507. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents 

(a) LICENSES AND CERTIFICATES OF REGISTRY.—Notwithstanding 

sections 7106 and 7107, the Secretary of the department in which 

the Coast Guard is operating may— 

(1) extend for not more than one year an expiring license or 

certificate of registry issued for an individual under chapter 71 

if the Secretary determines that the extension is required to 

enable the Coast Guard to eliminate a backlog in processing 

applications for those ølicenses or certificates of registry¿ merchant mariner documents or in response to a national emergency or natural disaster, as deemed necessary by the Secretary; or 

(2) issue for not more than five years an expiring license or 

certificate of registry issued for an individual under chapter 71 

for the exclusive purpose of aligning the expiration date of 

such license or certificate of registry with the expiration date 

of øa merchant mariner’s document¿ a license or a certificate 

of registry. 

(b) MERCHANT MARINER DOCUMENTS.—Notwithstanding section 

7302(g), the Secretary may— 

(1) extend for not more than one year an expiring merchant 

mariner’s document issued for an individual under chapter 73 

if the Secretary determines that the extension is required to 

enable the Coast Guard to eliminate a backlog in processing 

applications for those licenses or certificates of registry or in 

response to a national emergency or natural disaster, as 

deemed necessary by the Secretary; or 

(2) issue for not more than five years an expiring merchant 

mariner’s document issued for an individual under chapter 73 

for the exclusive purpose of aligning the expiration date of 

such merchant mariner’s document with the expiration date of 

a merchant mariner’s document. 

(c) MANNER OF EXTENSION.—Any extensions granted under this 

section may be granted to individual seamen or a specifically identified group of seamen. 

78 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART F. MANNING OF VESSELS

CHAPTER 81. GENERAL

ø§ 8108. Merchant marine personnel advisory committee 

ø(a) ESTABLISHMENT.—The Secretary shall establish a Merchant 

Marine Personnel Advisory Committee (in this section referred to 

as ‘‘the Committee’’). The Committee— 

ø(1) shall act solely in an advisory capacity to the Secretary 

through the Commandant of the Coast Guard on matters relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and 

fitness standards, and other matters as assigned by the Commandant; 

ø(2) shall review and comment on proposed Coast Guard regulations and policies relating to personnel in the United States 

merchant marine, including training, qualifications, certification, documentation, and fitness standards; 

ø(3) may be given special assignments by the Secretary and 

may conduct studies, inquiries, workshops, and fact finding in 

consultation with individuals and groups in the private sector 

and with State or local governments; 

ø(4) shall advise, consult with, and make recommendations 

reflecting its independent judgment to the Secretary; 

ø(5) shall meet not less than twice each year; and 

ø(6) may make available to Congress recommendations that 

the Committee makes to the Secretary. 

ø(b) MEMBERSHIP.— 

ø(1) IN GENERAL.—The Committee shall consist of not more 

than 19 members who are appointed by and serve terms of a 

duration determined by the Secretary. Before filling a position 

on the Committee, the Secretary shall publish a notice in the 

Federal Register soliciting nominations for membership on the 

Committee. 

ø(2) REQUIRED MEMBERS.—Subject to paragraph (3), the Secretary shall appoint as members of the Committee— 

ø(A) 9 United States citizens with active licenses or certificates issued under chapter 71 or merchant mariner documents issued under chapter 73, including— 

ø(i) 3 deck officers who represent the viewpoint of 

merchant marine deck officers, of whom— 

ø(I) 2 shall be licensed for oceans any gross 

tons; 

ø(II) 1 shall be licensed for inland river route 

with a limited or unlimited tonnage; 

ø(III) 2 shall have a master’s license or a master 

of towing vessels license; 

ø(IV) 1 shall have significant tanker experience; 

and 

ø(V) to the extent practicable— 

ø(aa) 1 shall represent the viewpoint of 

labor; and 

79 

ø(bb) another shall represent a management perspective; 

ø(ii) 3 engineering officers who represent the viewpoint of merchant marine engineering officers, of 

whom— 

ø(I) 2 shall be licensed as chief engineer any 

horsepower; 

ø(II) 1 shall be licensed as either a limited chief 

engineer or a designated duty engineer; and 

ø(III) to the extent practicable— 

ø(aa) 1 shall represent a labor viewpoint; 

and 

ø(bb) another shall represent a management perspective; 

ø(iii) 2 unlicensed seamen, of whom— 

ø(I) 1 shall represent the viewpoint of able-bodied seamen; and 

ø(II) another shall represent the viewpoint of 

qualified members of the engine department; and 

ø(iv) 1 pilot who represents the viewpoint of merchant marine pilots; 

ø(B) 6 marine educators, including— 

ø(i) 3 marine educators who represent the viewpoint 

of maritime academies, including— 

ø(I) 2 who represent the viewpoint of State maritime academies and are jointly recommended by 

such State maritime academies; and 

ø(II) 1 who represents either the viewpoint of 

the State maritime academies or the United 

States Merchant Marine Academy; and 

ø(ii) 3 marine educators who represent the viewpoint of other maritime training institutions, 1 of 

whom shall represent the viewpoint of the small vessel 

industry; 

ø(C) 2 individuals who represent the viewpoint of shipping companies employed in ship operation management; 

and 

ø(D) 2 members who are appointed from the general 

public. 

ø(3) CONSULTATION.—The Secretary shall consult with the 

Secretary of Transportation in making an appointment under 

paragraph (2)(B)(i)(II). 

ø(c) CHAIRMAN AND VICE CHAIRMAN.—The Secretary shall designate one member of the Committee as the Chairman and one 

member of the Committee as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the 

Chairman, or in the event of a vacancy in the office of the Chairman. 

ø(d) SUBCOMMITTEES.—The Committee may establish and disestablish subcommittees and working groups for any purpose consistent with this section, subject to conditions imposed by the Committee. Members of the Committee and additional persons drawn 

from the general public may be assigned to such subcommittees 

and working groups. Only Committee members may chair subcommittee or working groups. 

80 

ø(e) TERMINATION.—The Committee shall terminate on September 30, 2020.¿ 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART F. MANNING OF VESSELS

CHAPTER 93. GREAT LAKES PILOTAGE

ø§ 9307. Great Lakes pilotage advisory committee 

ø(a) The Secretary shall establish a Great Lakes Pilotage Advisory Committee. The Committee— 

ø(1) may review proposed Great Lakes pilotage regulations 

and policies and make recommendations to the Secretary that 

the Committee considers appropriate; 

ø(2) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to Great 

Lakes pilotage; 

ø(3) may make available to the Congress recommendations 

that the Committee makes to the Secretary; and 

ø(4) shall meet at the call of— 

ø(A) the Secretary, who shall call such a meeting at 

least once during each calendar year; or 

ø(B) a majority of the Committee. 

ø(b)(1) The Committee shall consist of seven members appointed 

by the Secretary in accordance with this subsection, each of whom 

has at least 5 years practical experience in maritime operations. 

The term of each member is for a period of not more than 5 years, 

specified by the Secretary. Before filling a position on the Committee, the Secretary shall publish a notice in the Federal Register 

soliciting nominations for membership on the Committee. 

ø(2) The membership of the Committee shall include— 

ø(A) the President of each of the 3 Great Lakes pilotage 

districts, or the President’s representative; 

ø(B) one member representing the interests of vessel operators that contract for Great Lakes pilotage services; 

ø(C) one member representing the interests of Great 

Lakes ports; 

ø(D) one member representing the interests of shippers 

whose cargoes are transported through Great Lakes ports; 

and 

ø(E) a member with a background in finance or accounting, who— 

ø(i) must have been recommended to the Secretary 

by a unanimous vote of the other members of the 

Committee, and 

ø(ii) may be appointed without regard to requirement in paragraph (1) that each member have 5 years 

of practical experience in maritime operations. 

ø(c)(1) The Committee shall elect one of its members as the 

Chairman and one of its members as the Vice Chairman. The Vice 

Chairman shall act as Chairman in the absence or incapacity of the 

Chairman, or in the event of a vacancy in the office of the Chairman. 

81 

ø(2) The Secretary shall, and any other interested agency 

may, designate a representative to participate as an observer 

with the Committee. The Secretary’s designated representative 

shall act as the executive secretary of the Committee and shall 

perform the duties set forth in section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.). 

ø(d)(1) The Secretary shall, whenever practicable, consult with 

the Committee before taking any significant action relating to 

Great Lakes pilotage. 

ø(2) The Secretary shall consider the information, advice, 

and recommendations of the Committee in formulating policy 

regarding matters affecting Great Lakes pilotage. 

ø(3) Any recommendations to the Secretary under subsection 

(a)(2) must have been approved by at least all but one of the 

members then serving on the committee. 

ø(e)(1) A member of the Committee, when attending meetings of 

the Committee or when otherwise engaged in the business of the 

Committee, is entitled to receive— 

ø(A) compensation at a rate fixed by the Secretary, not 

exceeding the daily equivalent of the current rate of basic 

pay in effect for GS-18 of the General Schedule under section 5332 of title 5 including travel time; and 

ø(B) travel or transportation expenses under section 

5703 of title 5, United States Code. 

ø(2) A member of the Committee shall not be considered to 

be an officer or employee of the United States for any purpose 

based on their receipt of any payment under this subsection. 

ø(f)(1) The Federal Advisory Committee Act (5 U.S.C. App.) applies to the Committee, except that the Committee terminates on 

September 30, 2020. 

ø(2) 2 years before the termination date set forth in paragraph (1) of this subsection, the Committee shall submit to the 

Congress its recommendation regarding whether the Committee should be renewed and continued beyond the termination date.¿ 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART G. MERCHANT SEAMEN PROTECTION AND RELIEF

CHAPTER 111. PROTECTION AND RELIEF

§ 11113. Treatment of abandoned seafarers 

(a) ABANDONED SEAFARERS FUND.— 

(1) ESTABLISHMENT.—There is established in the Treasury a 

separate account to be known as the Abandoned Seafarers 

Fund. 

(2) AUTHORIZED USES.—Amounts in the Fund ømay be appropriated to the Secretary¿ shall be available to the Secretary 

without further appropriation, and shall remain available until 

expended, for use— 

(A) to pay necessary support of a seafarer— 

(i) who— 

82 

(I) was paroled into the United States under 

section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), or for whom the 

Secretary has requested parole under such section; and 

(II) is involved in an investigation, reporting, 

documentation, or adjudication of any matter that 

is related to the administration or enforcement of 

law by the Coast Guard; or 

(ii) who— 

(I) is physically present in the United States; 

(II) the Secretary determines was abandoned in 

the United States; and 

(III) has not applied for asylum under the Immigration and Nationality Act (8 U.S.C. 1101 et 

seq.); and 

(B) to reimburse a vessel owner or operator for the costs 

of necessary support of a seafarer who has been paroled 

into the United States to facilitate an investigation, reporting, documentation, or adjudication of any matter that is 

related to the administration or enforcement of law by the 

Coast Guard, if— 

(i) the vessel owner or operator is not convicted of 

a criminal offense related to such matter; or 

(ii) the Secretary determines that reimbursement is 

appropriate. 

(3) CREDITING OF AMOUNTS TO FUND.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), there shall be credited to the Fund the following: 

(i) Penalties deposited in the Fund under section 9 

of the Act to Prevent Pollution from Ships (33 U.S.C. 

1908). 

(ii) Amounts reimbursed or recovered under subsection (c). 

(B) LIMITATION.—Amounts may be credited to the Fund 

under subparagraph (A) only if the unobligated balance of 

the Fund is less than $5,000,000. 

(4) REPORT REQUIRED.—On the date on which the President 

submits each budget for a fiscal year pursuant to section 1105 

of title 31, the Secretary shall submit to the Committee on 

Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes— 

(A) the amounts credited to the Fund under paragraph 

(2) for the preceding fiscal year; and 

(B) amounts in the Fund that were expended for the preceding fiscal year. 

(b) LIMITATION.—Nothing in this section shall be construed— 

(1) to create a private right of action or any other right, benefit, or entitlement to necessary support for any person; or 

(2) to compel the Secretary to pay or reimburse the cost of 

necessary support. 

(c) REIMBURSEMENT; RECOVERY.— 

(1) IN GENERAL.—A vessel owner or operator shall reimburse 

the Fund an amount equal to the total amount paid from the 

83 

Fund for necessary support of a seafarer, plus a surcharge of 

25 percent of such total amount, if— 

(A) the vessel owner or operator— 

(i) during the course of an investigation, reporting, 

documentation, or adjudication of any matter that the 

Coast Guard referred to a United States attorney or 

the Attorney General, fails to provide necessary support of a seafarer who was paroled into the United 

States to facilitate the investigation, reporting, documentation, or adjudication; and 

(ii) subsequently is— 

(I) convicted of a criminal offense related to 

such matter; or 

(II) required to reimburse the Fund pursuant to 

a court order or negotiated settlement related to 

such matter; or 

(B) the vessel owner or operator abandons a seafarer in 

the United States, as determined by the Secretary based 

on substantial evidence. 

(2) ENFORCEMENT.—If a vessel owner or operator fails to reimburse the Fund under paragraph (1) within 60 days after receiving a written, itemized description of reimbursable expenses and a demand for payment, the Secretary may— 

(A) proceed in rem against the vessel on which the seafarer served in the Federal district court for the district in 

which the vessel is found; and 

(B) withhold or revoke the clearance required under section 60105 for the vessel and any other vessel operated by 

the same operator (as that term is defined in section 

2(9)(a) of the Act to Prevent Pollution from Ships (33 

U.S.C. 1901(9)(a)) as the vessel on which the seafarer 

served. 

(3) OBTAINING CLEARANCE.—A vessel may obtain clearance 

from the Secretary after it is withheld or revoked under paragraph (2)(B) if the vessel owner or operator— 

(A) reimburses the Fund the amount required under 

paragraph (1); or 

(B) provides a bond, or other evidence of financial responsibility, sufficient to meet the amount required to be 

reimbursed under paragraph (1). 

ø(4) NOTIFICATION REQUIRED.—The Secretary shall notify the 

vessel at least 72 hours before taking any action under paragraph (2)(B).¿ 

(d) DEFINITIONS.—In this section: 

(1) ABANDONS; ABANDONED.—Each of the terms ‘‘abandons’’ 

and ‘‘abandoned’’ means— 

(A) a vessel owner’s or operator’s unilateral severance of 

ties with a seafarer; or 

(B) a vessel owner’s or operator’s failure to provide necessary support of a seafarer. 

(2) FUND.—The term ‘‘Fund’’ means the Abandoned Seafarers Fund established under this section. 

(3) NECESSARY SUPPORT.—The term ‘‘necessary support’’ 

means normal wages and expenses the Secretary considers reasonable for lodging, subsistence, clothing, medical care (includVerDate Sep 11 2014 05:41 Jun 06, 2017 Jkt 069010 PO 00000 Frm 00085 Fmt 6659 Sfmt 6602 E:\HR\OC\SR089.XXX SR089
84 

ing hospitalization), repatriation, and any other support the 

Secretary considers to be appropriate. 

(4) SEAFARER.—The term ‘‘seafarer’’ means an alien crew 

member who is employed or engaged in any capacity on board 

a vessel subject to the jurisdiction of the United States. 

(5) VESSEL SUBJECT TO THE JURISDICTION OF THE UNITED

STATES.—The term ‘‘vessel subject to the jurisdiction of the 

United States’’ has the meaning given that term in section 

70502(c), except that it does not include a vessel that is— 

(A) owned, or operated under a bareboat charter, by the 

United States, a State or political subdivision thereof, or 

a foreign nation; and 

(B) not engaged in commerce. 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART G. MERCHANT SEAMEN PROTECTION AND RELIEF

CHAPTER 113. OFFICIAL LOGBOOKS

§ 11304. Additional logbook and entry requirements 

(a) A vessel of the United States that is subject to inspection 

under section 3301 of this title, except a vessel on a voyage from 

a port in the United States to a port in Canada or a ferry, passenger vessel, or small passenger vessel (as those terms are defined 

in section 2101), shall have øan official logbook, which¿ a logbook, 

which may be in any form, including electronic, and shall be kept 

available for review by the Secretary on request. 

(b) The ølog book¿ logbook required by subsection (a) shall include the following entries: 

(1) The time when each seaman and each officer assumed or 

relieved the watch. 

(2) The number of hours in service to the vessels of each seaman and each officer. 

ø(3) An account of each accident, illness, and injury that occurs during each watch.¿ 

(3) Each illness or injury, the nature of the illness or injury, 

and any medical treatment administered. 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART H. IDENTIFICATION OF VESSELS

CHAPTER 121. DOCUMENTATION OF VESSELS

SUBCHAPTER I. GENERAL

§ 12102. Vessels requiring documentation 

(a) IN GENERAL.—Except as otherwise provided, a vessel may engage in a trade only if the vessel has been issued a certificate of 

documentation with an endorsement for that trade under this 

chapter. 

(b) VESSELS LESS THAN 5 NET TONS.—A vessel of less than 5 net 

tons may engage in a trade without being documented if the vessel 

85 

otherwise satisfies the requirements to engage in the particular 

trade. 

(c) BARGES.—A barge qualified to engage in the coastwise trade 

may engage in the coastwise trade, without being documented, on 

rivers, harbors, lakes (except the Great Lakes), canals, and inland 

waters. The Secretary may require such an undocumented barge 

more than 100 gross tons operating on the navigable waters of the 

United States to be numbered under chapter 123 of this title. 

(d) AQUACULTURE WAIVER.— (1) PERMITTING OF NONQUALIFIED VESSELS TO PERFORM CER- TAIN AQUACULTURE SUPPORT OPERATIONS.—Notwithstanding 

section 12113 and any other law, the øSecretary of Transportation¿ Secretary of the department in which the Coast Guard 

is operating may issue a waiver allowing a documented vessel 

with a registry endorsement or a foreign flag vessel to be used 

in operations that treat aquaculture fish for or protect aquaculture fish from disease, parasitic infestation, or other threats 

to their health if the Secretary finds, after publishing a notice 

in the Federal Register, that a suitable vessel of the United 

States is not available that could perform those services. 

(2) PROHIBITION.—Vessels operating under a waiver issued 

under this subsection may not engage in any coastwise transportation. 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART H. IDENTIFICATION OF VESSELS

CHAPTER 121. DOCUMENTATION OF VESSELS

SUBCHAPTER II. ENDORSEMENTS AND SPECIAL DOCUMENTATION

§ 12114. Recreational endorsement 

(a) REQUIREMENTS.—A recreational endorsement may be issued 

for a vessel that satisfies the requirements of section 12103 of this 

title. 

(b) AUTHORIZED ACTIVITY.—A vessel operating under a recreational endorsement may be operated only for pleasure. 

(c) APPLICATION OF CUSTOMS LAWS.—A vessel for which a recreational endorsement is issued may proceed between a port of the 

United States and a port of a foreign country without entering or 

clearing with the Secretary of Homeland Security. However, a recreational vessel is subject to the requirements for reporting arrivals 

under section 433 of the Tariff Act of 1930 (19 U.S.C. 1433), and 

individuals on the vessel are subject to applicable customs regulations. 

(d) ISSUANCE OF CERTIFICATE OF DOCUMENTATION.—The Secretary of the department in which the Coast Guard is operating is 

authorized to issue certificates of documentation with effective periods of 1 year, 2 years, 3 years, 4 years, or 5 years. 

(1) PHASED IN ISSUANCE OF CERTIFICATES.— 

(A) In fiscal year 2019, vessel owners or operators with 

vessel documentation numbers ending in 0, 1, 2, 3 shall be 

qualified to apply for a renewal certificate of documentation with an effective period of 5 years. Alternatively, vessel 

86 

owners or operators with vessel documentation numbers 

ending in 0, 1, 2, 3 may elect to apply for a renewal certificate of documentation with an effective period of 1 year, 2 

years, 3 years, or 4 years. All other vessel owners and operators shall be qualified to apply for an initial or renewal 

certificate with an effective period of 1 year. 

(B) In fiscal year 2020, vessel owners or operators with 

vessel documentation numbers ending in 4, 5, or 6 shall be 

qualified to apply for a renewal certificate of documentation with an effective period of 5 years. Alternatively, vessel 

owners or operators with vessel documentation numbers 

ending in 4, 5, or 6 may elect to apply for a renewal certificate of documentation with an effective period of 1 year, 2 

years, 3 years, or 4 years. All other vessel owners and operators shall be qualified to apply for an initial or renewal 

certificate with an effective period of 1 year. 

(C) In fiscal year 2021, vessel owners or operators with 

vessel documentation numbers ending in 7, 8, or 9 shall be 

qualified to apply for an initial or renewal certificate of 

documentation with an effective period of 5 years. Alternatively, vessel owners or operators with vessel documentation numbers ending in 7, 8, or 9 may elect to apply for an 

initial or renewal certificate of documentation with an effective period of 1 year, 2 years, 3 years, or 4 years. All 

other vessel owners and operators shall be qualified to 

apply for an initial or renewal certificate with an effective 

period of 1 year. 

(D) Starting in fiscal year 2022 all vessel owners and operators shall be qualified to apply for a renewal certificate 

of documentation with effective periods of 1 year, 2 years, 

3 years, 4 years, or 5 years. 

(E) Starting in fiscal year 2019 vessel owners and operators applying for an initial certificate of documentation 

may apply for such documentation with an effective period 

of 1 year, 2 years, 3 years, 4 years, or 5 years. 

(2) APPLICATION FOR RENEWAL.—Applications for renewal 

may be submitted no earlier than 90 days prior to the expiration date of a certificate of documentation. 

(3) FEES.— 

(A) For fiscal years 2019 through 2021, the Secretary 

shall collect the following fees from vessel owners or operators: 

(i) For a certificate of documentation with an effective period of 5 years the fee collected from the vessel 

owner or operator shall be $130. 

(ii) For a certificate of documentation with an effective period of 4 years the fee collected from the vessel 

owner or operator shall be $104. 

(iii) For a certificate of documentation with an effective period of 3 years the fee collected from the vessel 

owner or operator shall be $78. 

(iv) For a certificate of documentation with an effective period of 2 years the fee collected from the vessel 

owner or operator shall be $52. 

87 

(v) For a certificate of documentation with an effective period of 1 year the fee collected from the vessel 

owner or operator shall be $26. 

(B) For fiscal years 2022 and thereafter, such fees shall 

be published in the Federal Register as a direct final rule. 

Such rulemaking shall be exempt from the requirements of 

the Administrative Procedure Act (Public Law 79–404; 60 

Stat 237). 

(4) FUNDS AVAILABILITY.—Fees collected for the issuance of 

certificates of documentation by the Secretary of the department 

in which the Coast Guard is operating— 

(A) shall be deposited into the account that bore the expense for issuance of such certificate of documentation, and 

(B) shall be available until expended. 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART H. IDENTIFICATION OF VESSELS

CHAPTER 123. NUMBERING UNDOCUMENTED VESSELS

§ 12301. Numbering vessels 

ø(a)¿ An undocumented vessel equipped with propulsion machinery of any kind shall have a number issued by the proper issuing 

authority in the State in which the vessel principally is operated. 

ø(b) The Secretary shall require an undocumented barge more 

than 100 gross tons operating on the navigable waters of the 

United States to be numbered.¿ 

TITLE 46. SHIPPING SUBTITLE II. VESSELS AND SEAMEN 

PART I. STATE BOATING SAFETY PROGRAMS CHAPTER 

131. RECREATIONAL BOATING SAFETY 

ø§ 13110. National boating safety advisory council 

ø(a) The Secretary shall establish a National Boating Safety Advisory Council. The Council shall consist of 21 members appointed 

by the Secretary, whom the Secretary considers to have a particular expertise, knowledge, and experience in recreational boating 

safety. 

ø(b)(1) The membership of the Council shall consist of— 

ø(A) 7 representatives of State officials responsible for 

State boating safety programs; 

ø(B) 7 representatives of recreational vessel manufacturers and associated equipment manufacturers; and 

ø(C) 7 representatives of national recreational boating 

organizations and from the general public, at least 5 of 

whom shall be representatives of national recreational 

boating organizations. 

ø(2) Additional individuals from the sources referred to in 

paragraph (1) of this subsection may be appointed to panels of 

the Council to assist the Council in performing its duties. 

ø(3) At least once a year, the Secretary shall publish a notice 

in the Federal Register soliciting nominations for membership 

on the Council. 

88 

ø(c) In addition to the consultation required by section 4302 of 

this title, the Secretary shall consult with the Council on other 

major boating safety matters related to this chapter. The Council 

may make available to Congress information, advice, and recommendations that the Council is authorized to give to the Secretary. 

ø(d) When serving away from home or regular place of business, 

the member may be allowed travel expenses, including per diem in 

lieu of subsistence as authorized by section 5703 of title 5 for individuals employed intermittently in the Government service. A payment under this section does not make a member of the Council 

an officer or employee of the United States Government for any 

purpose. 

ø(e) The Council shall terminate on September 30, 2020.¿ 

TITLE 46. SHIPPING 

SUBTITLE IV. REGULATION OF OCEAN SHIPPING

PART A. OCEAN SHIPPING

CHAPTER 401. GENERAL

§ 40104. Reports filed with the commission 

ø(a) IN GENERAL.—The Federal Maritime Commission may require a common carrier or an officer, receiver, trustee, lessee, 

agent, or employee of the carrier 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 carrier. The report, account, record, rate, charge, or memorandum shall be made under oath if the Commission requires, and 

shall be filed in the form and within the time prescribed by the 

Commission.¿ 

(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.—The report, account, record, rate, 

charge, or memorandum 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. 

(b) CONFERENCE MINUTES.—Conference minutes required to be 

filed with the Commission under this section may not be released 

to third parties or published by the Commission. 

89 

TITLE 46. SHIPPING 

SUBTITLE IV. REGULATION OF OCEAN SHIPPING

PART A. OCEAN SHIPPING

CHAPTER 403. AGREEMENTS

§ 40304. Commission action 

ø(a) NOTICE OF FILING.—Within 7 days after an agreement is 

filed, the Federal Maritime Commission shall transmit a notice of 

the filing to the Federal Register for publication.¿ 

(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) PRELIMINARY REVIEW AND REJECTION.—After preliminary review, the Commission shall reject an agreement that it finds does 

not meet the requirements of sections 40302 and 40303 of this title. 

The Commission shall notify in writing the person filing the agreement of the reason for rejection. 

(c) REVIEW AND EFFECTIVE DATE.—Unless rejected under subsection (b), an agreement (other than an assessment agreement) is 

effective— 

(1) on the 45th day after filing, or on the 30th day after notice of the filing is published in the Federal Register, whichever is later; or 

(2) if additional information or documents are requested 

under subsection (d)— 

(A) on the 45th day after the Commission receives all 

the additional information and documents; or 

(B) if the request is not fully complied with, on the 45th 

day after the Commission receives the information and 

documents submitted and a statement of the reasons for 

noncompliance with the request. 

(d) REQUEST FOR ADDITIONAL INFORMATION.—Before the expiration of the period specified in subsection (c)(1), the Commission 

may request from the person filing the agreement any additional 

information and documents the Commission considers necessary to 

make the determinations required by this øsection¿ part. 

(e) MODIFICATION OF REVIEW PERIOD.— 

(1) SHORTENING.—On request of the party filing an agreement, the Commission may shorten a period specified in subsection (c), but not to a date that is less than 14 days after notice of the filing of the agreement is published in the Federal 

Register. 

(2) EXTENSION.—The period specified in subsection (c)(2) may 

be extended only by the United States District Court for the 

District of Columbia in a civil action brought by the Commission under section 41307(c) of this title. 

(f) FIXED TERMS.—The Commission may not limit the effectiveness of an agreement to a fixed term. 

90 

§ 40307. Exemption from antitrust laws 

(a) * * * 

(b) EXCEPTIONS.—This part does not extend antitrust immunity 

to— 

(1) an agreement with or among air carriers, rail carriers, 

motor carriers, tug operators, or common carriers by water not 

subject to this part relating to transportation within the 

United States; 

(2) a discussion or agreement among common carriers subject to this part relating to the inland divisions (as opposed to 

the inland portions) of through rates within the United States; 

(3) an agreement among common carriers subject to this part 

to establish, operate, or maintain a marine terminal in the 

United States; or 

(4) a loyalty contract. 

(c) RETROACTIVE EFFECT OF DETERMINATIONS.—A determination 

by an agency or court that results in the denial or removal of the 

immunity to the antitrust laws under subsection (a) does not remove or alter the antitrust immunity for the period before the determination. 

(d) RELIEF UNDER CLAYTON ACT.—A person may not recover 

damages under section 4 of the Clayton Act (15 U.S.C. 15), or obtain injunctive relief under section 16 of that Act (15 U.S.C. 26), 

for conduct prohibited by this part. 

TITLE 46. SHIPPING 

SUBTITLE IV. REGULATION OF OCEAN SHIPPING

PART A. OCEAN SHIPPING

CHAPTER 409. OCEAN TRANSPORTATION INTERMEDIARIES

§ 40901. License requirement 

(a) IN GENERAL.—A person in the United States may not øact¿ 

act, including holding itself out by solicitation, advertisement, or 

otherwise, as an ocean transportation intermediary unless the person holds an ocean transportation intermediary’s license issued by 

the Federal Maritime Commission. The Commission shall issue a 

license to a person that the Commission determines to be qualified 

by experience and character to act as an ocean transportation 

intermediary. 

(b) EXCEPTION.—A person whose primary business is the sale of 

merchandise may forward shipments of the merchandise for its 

own account without an ocean transportation intermediary’s license. 

§ 40902. Financial responsibility 

(a) IN GENERAL.—A person may not øact¿ act, including holding 

itself out by solicitation, advertisement, or otherwise, as an ocean 

transportation intermediary unless the person furnishes a bond, 

proof of insurance, or other surety— 

(1) in a form and amount determined by the Federal Maritime Commission to insure financial responsibility; and 

(2) issued by a surety company found acceptable by the Secretary of the Treasury. 

91 

(b) SCOPE OF FINANCIAL RESPONSIBILITY.—A bond, insurance, or 

other surety obtained under this section— 

(1) shall be available to pay any penalty assessed under section 41109 of this title or any order for reparation issued under 

section 41305 of this title; 

(2) may be available to pay any claim against an ocean 

transportation intermediary arising from its transportation-related activities— 

(A) with the consent of the insured ocean transportation 

intermediary and subject to review by the surety company; 

or 

(B) when the claim is deemed valid by the surety company after the ocean transportation intermediary has 

failed to respond to adequate notice to address the validity 

of the claim; and 

(3) shall be available to pay any judgment for damages 

against an ocean transportation intermediary arising from its 

transportation-related activities, if the claimant has first attempted to resolve the claim under paragraph (2) and the 

claim has not been resolved within a reasonable period of time. 

(c) REGULATIONS ON COURT JUDGMENTS.—The Commission shall 

prescribe regulations for the purpose of protecting the interests of 

claimants, ocean transportation intermediaries, and surety companies with respect to the process of pursuing claims against ocean 

transportation intermediary bonds, insurance, or sureties through 

court judgments. The regulations shall provide that a judgment for 

monetary damages may not be enforced except to the extent that 

the damages claimed arise from the transportation-related activities of the insured ocean transportation intermediary, as defined by 

the Commission. 

(d) RESIDENT AGENT.—An ocean transportation intermediary not 

domiciled in the United States shall designate a resident agent in 

the United States for receipt of service of judicial and administrative process, including subpoenas. 

TITLE 46. SHIPPING 

SUBTITLE IV. REGULATION OF OCEAN SHIPPING

PART A. OCEAN SHIPPING

CHAPTER 411. PROHIBITIONS AND PENALTIES

§ 41104. Common carriers 

A common carrier, either alone or in conjunction with any other 

person, directly or indirectly, may not— 

(1) allow a person to obtain transportation for property at 

less than the rates or charges established by the carrier in its 

tariff or service contract by means of false billing, false classification, false weighing, false measurement, or any other unjust or unfair device or means; 

(2) provide service in the liner trade that is— 

(A) not in accordance with the rates, charges, classifications, rules, and practices contained in a tariff published 

or a service contract entered into under chapter 405 of this 

92 

title, unless excepted or exempted under section 40103 or 

40501(a)(2) of this title; or 

(B) under a tariff or service contract that has been suspended or prohibited by the Federal Maritime Commission 

under chapter 407 or 423 of this title; 

(3) retaliate against a shipper by refusing, or threatening to 

refuse, cargo space accommodations when available, or resort 

to other unfair or unjustly discriminatory methods because the 

shipper has patronized another carrier, or has filed a complaint, or for any other reason; 

(4) for service pursuant to a tariff, engage in any unfair or 

unjustly discriminatory practice in the matter of— 

(A) rates or charges; 

(B) cargo classifications; 

(C) cargo space accommodations or other facilities, with 

due regard being given to the proper loading of the vessel 

and the available tonnage; 

(D) loading and landing of freight; or 

(E) adjustment and settlement of claims; 

(5) for service pursuant to a service contract, engage in any 

unfair or unjustly discriminatory practice in the matter of 

rates or charges with respect to any port; 

(6) use a vessel in a particular trade for the purpose of excluding, preventing, or reducing competition by driving another 

ocean common carrier out of that trade; 

(7) offer or pay any deferred rebates; 

(8) for service pursuant to a tariff, give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage; 

(9) for service pursuant to a service contract, give any undue 

or unreasonable preference or advantage or impose any undue 

or unreasonable prejudice or disadvantage with respect to any 

port; 

(10) unreasonably refuse to deal or negotiate; 

(11) knowingly and willfully accept cargo from or transport 

cargo for the account of an ocean transportation intermediary 

that does not have øa tariff as required by section 40501 of this 

title and¿ a bond, insurance, or other surety as required by 

section 40902 of this title; or 

(12) knowingly and willfully enter into a service contract 

with an ocean transportation intermediary that does not have 

a tariff as required by section 40501 of this title and a bond, 

insurance, or other surety as required by section 40902 of this 

title, or with an affiliate of such an ocean transportation intermediary. 

§ 41105. Concerted action 

A conference or group of two or more common carriers may not— 

(1) boycott or take any other concerted action resulting in an 

unreasonable refusal to deal; 

(2) engage in conduct that unreasonably restricts the use of 

intermodal services or technological innovations; 

(3) engage in any predatory practice designed to eliminate 

the participation, or deny the entry, in a particular trade of a 

93 

common carrier not a member of the conference, a group of 

common carriers, an ocean tramp, or a bulk carrier; 

(4) negotiate with a ønon-ocean carrier¿ tug operator, nonocean carrier, or group of non-ocean carriers (such as truck, 

rail, or air operators) on any matter relating to rates or services provided to ocean common carriers within the United 

States by those tug operators or non-ocean carriers, 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; 

(5) deny in the export foreign commerce of the United States 

compensation to an ocean freight forwarder or limit that compensation to less than a reasonable amount; 

(6) allocate shippers among specific carriers that are parties 

to the agreement or prohibit a carrier that is a party to the 

agreement from soliciting cargo from a particular shipper, except as— 

(A) authorized by section 40303(d) of this title; 

(B) required by the law of the United States or the importing or exporting country; or 

(C) agreed to by a shipper in a service contract; 

(7) for service pursuant to a service contract, engage in any 

unjustly discriminatory practice in the matter of rates or 

charges with respect to any locality, port, or person due to the 

person’s status as a shippers’ association or ocean transportation intermediary; or 

(8) for service pursuant to a service contract, give any undue 

or unreasonable preference or advantage or impose any undue 

or unreasonable prejudice or disadvantage with respect to any 

locality, port, or person due to the person’s status as a shippers’ association or ocean transportation intermediary. 

TITLE 46. SHIPPING 

SUBTITLE VII. SECURITY AND DRUG ENFORCEMENT

CHAPTER 701. PORT SECURITY

SUBCHAPTER I. GENERAL

§ 70112. øMaritime Security Advisory Committees¿ Area 

Maritime Security Advisory Committees 

ø(a) ESTABLISHMENT OF COMMITTEES.— 

ø(1) The Secretary shall establish a National Maritime Security Advisory Committee. The Committee— 

ø(A) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to national maritime security matters; 

ø(B) may make available to the Congress recommendations that the Committee makes to the Secretary; and 

ø(C) shall meet at the call of— 

ø(i) the Secretary, who shall call such a meeting at 

least once during each calendar year; or 

ø(ii) a majority of the Committee. 

94 

ø(2)(A) The Secretary may— 

ø(i) establish an Area Maritime Security Advisory 

Committee for any port area of the United States; and 

ø(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. 

ø(B) A committee established under this paragraph for 

an area— 

ø(i) may advise, consult with, report to, and make 

recommendations to the Secretary on matters relating 

to maritime security in that area; 

ø(ii) may make available to the Congress recommendations that the committee makes to the Secretary; and 

ø(iii) shall meet at the call of— 

ø(I) the Secretary, who shall call such a meeting 

at least once during each calendar year; or 

ø(II) a majority of the committee.¿ 

(a) ESTABLISHMENT OF COMMITTEES.— 

(1) The Secretary may— 

(A) establish an Area Maritime Security Advisory Committee for any port area of the United States; and 

(B) request an Area Maritime Security 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. 

(2) Each Area Maritime Security Advisory Committee— 

(A) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to maritime security in that area; 

(B) may make available to the Congress recommendations that the Committee makes to the Secretary; and 

(C) 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. 

(b) MEMBERSHIP.— 

(1) Each øof the committees¿ Area Maritime Security Advisory Committee established under subsection (a) shall consist of 

not less than 7 members appointed by the Secretary, each of 

whom has at least 5 years practical experience in maritime security operations. 

(2) The term of each member shall be for a period of not 

more than 5 years, specified by the Secretary. 

(3) Before appointing an individual to a position on øsuch a 

committee¿ an Area Security Advisory Committee, the Secretary shall publish a notice in the Federal Register soliciting 

nominations for membership on øthe committee¿ an Area Maritime Security Advisory Committee. 

(4) The Secretary may require an individual to have passed 

an appropriate security background examination before apVerDate Sep 11 2014 05:41 Jun 06, 2017 Jkt 069010 PO 00000 Frm 00096 Fmt 6659 Sfmt 6602 E:\HR\OC\SR089.XXX SR089
95 

pointment to øthe Committee¿ an Area Maritime Security Advisory Committee. (5)ø(A) The National Maritime Security Advisory Committee 

shall be composed of—¿ 

ø(i) at least 1 individual who represents the interests of the port authorities; 

ø(ii) at least 1 individual who represents the interests of the facilities owners or operators; 

ø(iii) at least 1 individual who represents the interests of the terminal owners or operators; 

ø(iv) at least 1 individual who represents the interests of the vessel owners or operators; 

ø(v) at least 1 individual who represents the interests of the maritime labor organizations; 

ø(vi) at least 1 individual who represents the interests of the academic community; 

ø(vii) at least 1 individual who represents the interests of State or local governments; and 

ø(viii) at least 1 individual who represents the interests of the maritime industry.¿ 

ø(B)¿ Each Area Maritime Security Advisory Committee 

shall be composed of individuals who represents the interests of the port industry, terminal operators, port labor organizations, and other users of the port areas. 

(c) CHAIRPERSON AND VICE CHAIRPERSON.— (1) Each øcommittee¿ Area Maritime Security Advisory Committee established under subsection (a) shall elect 1 of its members as the Chairman and 1 of its members as the Vice Chairperson. 

(2) The Vice Chairman shall act as Chairman in the absence 

or incapacity of the Chairman, or in the event of a vacancy in 

the office of the Chairman. 

ø(d) OBSERVERS.— ø(1) The Secretary shall, and the head of any other interested Federal agency may, designate a representative to participate as an observer with the Committee. 

ø(2) The Secretary’s designated representative shall act as 

the executive secretary of the Committee and shall perform the 

duties set forth in section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.).¿ 

ø(e)¿(d) CONSIDERATION OF VIEWS.—The Secretary shall consider 

the information, advice, and recommendations of øthe Committee¿ 

an Area Maritime Security Advisory Committee in formulating policy regarding matters affecting maritime securityø.¿ for an area. 

ø(f)¿(e) COMPENSATION AND EXPENSES.— 

(1) A member of øa committee¿ an Area Maritime Security 

Advisory Committee established under this section, when attending meetings of the committee or when otherwise engaged 

in the business of the committee, is entitled to receive— 

(A) compensation at a rate fixed by the Secretary, not 

exceeding the daily equivalent of the current rate of basic 

pay in effect for GS-15 of the General Schedule under section 5332 of title 5 including travel time; and 

(B) travel or transportation expenses under section 5703 

of title 5. 

96 

(2) A member of øsuch a committee¿ an Area Maritime Security Advisory Committee shall not be considered to be an officer 

or employee of the United States for any purpose based on 

their receipt of any payment under this subsection. 

ø(f) FACA; TERMINATION.— 

ø(1) The Federal Advisory Committee Act (5 U.S.C. App.)— 

ø(A) applies to the National Maritime Security Advisory 

Committee established under this section, except that such 

committee terminates on September 30, 2020; and 

ø(B) does not apply to Area Maritime Security Advisory 

Committees established under this section. 

ø(2) Not later than September 30, 2018, each committee established under this section shall submit to the Congress its 

recommendation regarding whether the committee should be 

renewed and continued beyond the termination date.¿ 

(f) FEDERAL ADVISORY COMMITTEE ACT; TERMINATION DATE.— 

(1) FACA.—The Federal Advisory Committee Act (5 U.S.C. 

App.) does not apply to Area Maritime Security Advisory Committees established under this section. 

(2) TERMINATION.—The Area Maritime Security Advisory 

Committees shall terminate on September 30, 2027. 

ACT MAKING APPROPRIATIONS FOR THE CONSTRUCTION, 

REPAIR, AND PRESERVATION OF CERTAIN PUBLIC 

WORKS ON RIVERS AND HARBORS, AND FOR OTHER PURPOSES 

[33 U.S.C. 499] 

SEC. 5. REGULATIONS FOR DRAWBRIDGES. 

(a) CRIMINAL PENALTIES FOR VIOLATIONS; ENFORCEMENT; RULES

AND REGULATIONS.—It shall be the duty of all persons owning, operating, and tending the drawbridges now built or which may hereafter be built across the navigable rivers and other waters of the 

United States, to open, or cause to be opened, the draws of such 

bridges under such rules and regulations as in the opinion of the 

Secretary of the department in which the Coast Guard is operating 

the public interests require to govern the opening of drawbridges 

for the passage of vessels and other water crafts, and such rules 

and regulations, when so made and published, shall have the force 

of law. Every such person who shall wilfully fail or refuse to open, 

or cause to be opened, the draw of any such bridge for the passage 

of a boat or boats, as provided in such regulations, shall be deemed 

guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $2,000 nor less than $1,000, or 

by imprisonment (in the case of a natural person) for not exceeding 

one year, or by both such fine and imprisonment, in the discretion 

of the court: Provided, That the proper action to enforce the provisions of this subsection may be commenced before any commissioner, judge, or court of the United States, and such commissioner, 

judge, or court shall proceed in respect thereto as authorized by 

law in case of crimes against the United States: Provided further, 

That whenever, in the opinion of the Secretary of the department 

in which the Coast Guard is operating, the public interests require 

it, he may make rules and regulations to govern the opening of 

drawbridges for the passage of vessels and other water crafts, and 

97 

such rules and regulations, when so made and published, shall 

have the force of law, and any willful violation thereof shall be 

punished as hereinbefore provided: Provided further, That any regulations made in pursuance of this section may be enforced as provided in section 413 of this title, the provisions whereof are made 

applicable to the said regulations. Any rules and regulations made 

in pursuance of this section shall, to the extent practical and feasible, provide for regularly scheduled openings of drawbridges during seasons of the year, and during times of the day, when scheduled openings would help reduce motor vehicle traffic delays and 

congestion on roads and highways linked by drawbridges. 

(b) NONSTRUCTURAL VESSEL APPURTENANCE; UNREASONABLE

DELAY.—No vessel owner or operator shall signal a drawbridge to 

open for any nonstructural vessel appurtenance which is not essential to navigation or which is easily lowered and no person shall 

unreasonably delay the opening of a draw after the signal required 

by rules or regulations under this section has been given. The Secretary of the department in which the Coast Guard is operating 

shall issue rules and regulations to implement this subsection. 

(c) CIVIL PENALTIES FOR VIOLATION; NOTICE AND HEARING; AS- SESSMENT, COLLECTION, AND REMISSION; CIVIL ACTIONS.—Whoever 

violates any rule or regulation issued under subsection (a) or (b), 

shall be liable to a civil penalty of not more than $5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; 

$15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and 

any year thereafter. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity 

for a hearing on the charge. The Secretary of the department in 

which the Coast Guard is operating may assess and collect any 

civil penalty incurred under this subsection and, in his discretion, 

may remit, mitigate, or compromise any penalty until the matter 

is referred to the Attorney General. If a person against whom a 

civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the 

United States for any district in which the violation occurs for such 

penalty. 

(d) TEMPORARY CHANGES TO DRAWBRIDGE OPERATING SCHED- ULES.—Notwithstanding section 553 of title 5, United States Code, 

whenever a temporary change to the operating schedule of a drawbridge, lasting 180 days or less— 

(1) is approved— 

(A) the Secretary of the department in which the Coast 

Guard is operating shall— 

(i) issue a deviation approval letter to the bridge 

owner; and 

(ii) announce the temporary change in— 

(I) the Local Notice to Mariners; 

(II) broadcast notices to mariners through the 

Coast Guard radio station or Navy radio station, 

or both; or 

(III) such other local media as the Secretary considers appropriate; and 

(B) the bridge owner, except a railroad bridge owner, 

shall notify— 

98 

(i) the public by publishing notice of the temporary 

change in a newspaper of general circulation published 

in the place where the bridge is located; 

(ii) the department, agency, or office of transportation with jurisdiction over the roadway that abuts 

the approaches to the bridge; and 

(iii) the law enforcement organization with jurisdiction over the roadway that abuts the approaches to the 

bridge; or 

(2) is denied, the Secretary of the department in which the 

Coast Guard is operating shall— 

(A) not later than 10 days after the date of receipt of the 

request, provide the bridge owner in writing the reasons for 

the denial, including any supporting data and evidence 

used to make the determination; and 

(B) provide the bridge owner a reasonable opportunity to 

address each reason for the denial and resubmit the request. 

(e) DRAWBRIDGE MOVEMENTS.—The Secretary of the department 

in which the Coast Guard is operating— 

(1) shall require a drawbridge operator to record each movement of the drawbridge in a log; 

(2) may inspect the log to ensure drawbridge movement is in 

accordance with the posted operating schedule; 

(3) shall review whether deviations from the posted operating 

schedule are impairing vehicular and pedestrian traffic; and 

(4) may determine if the operating schedule should be adjusted for efficiency of maritime or vehicular and pedestrian 

traffic. 

øACT TO ESTABLISH A TOWING SAFETY ADVISORY 

COMMITTEE IN THE DEPARTMENT OF TRANSPORTATION 

øTOWING SAFETY ADVISORY COMMITTEE. 

[33 U.S.C. 1231a] 

ø(a) ESTABLISHMENT; MEMBERSHIP.—There is established a Towing Safety Advisory Committee (hereinafter referred to as the 

‘‘Committee’’). The Committee shall consist of eighteen members 

with particular expertise, knowledge, and experience regarding 

shallow-draft inland and coastal waterway navigation and towing 

safety as follows: 

ø(1) Seven members representing the barge and towing industry, reflecting a regional geographic balance. 

ø(2) One member representing the offshore mineral and oil 

supply vessel industry. 

ø(3) One member representing holders of active licensed 

Masters or Pilots of towing vessels with experience on the 

Western Rivers and the Gulf Intracoastal Waterway. 

ø(4) One member representing the holders of active licensed 

Masters of towing vessels in offshore service. 

ø(5) One member representing Masters who are active shipdocking or harbor towing vessel. 

ø(6) One member representing licensed or unlicensed towing 

vessel engineers with formal training and experience. 

ø(7) Two members representing each of the following groups: 

99 

ø(A) Port districts, authorities, or terminal operators. 

ø(B) Shippers (of whom at least one shall be engaged in 

the shipment of oil or hazardous materials by barge). 

ø(8) Two members representing the general public. 

ø(b) APPOINTMENTS; CHAIRMAN, VICE CHAIRMAN, AND OBSERVERS; PUBLICATION IN FEDERAL REGISTER.—The Secretary of the department in which the Coast Guard is operating (hereinafter referred to as the ‘‘Secretary’’) shall appoint the members of the Committee. The Secretary shall designate one of the members of the 

Committee as the Chairman and one of the members as the Vice 

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. The Secretary may request the Secretary of the 

Army and the Secretary of Commerce to each designate a representative to participate as an observer on the Committee. The 

Secretary shall, not less often than once a year, publish notice in 

the Federal Register for solicitation of nominations for membership 

on the Committee. 

ø(c) FUNCTIONS; MEETINGS; PUBLIC PROCEEDINGS AND RECORDS; 

DISCLOSURES TO CONGRESS.—The Committee shall advise, consult 

with, and make recommendations to the Secretary on matters relating to shallow-draft inland and coastal waterway navigation and 

towing safety. Any advice or recommendation made by the Committee to the Secretary shall reflect the independent judgment of 

the Committee on the matter concerned. The Secretary shall consult with the Committee before taking any significant action affecting shallow-draft inland and coastal waterway navigation and towing safety. The Committee shall meet at the call of the Secretary, 

but in any event not less than once during each calendar year. All 

proceedings of the Committee shall be open to the public, and a 

record of the proceedings shall be made available for public inspection. The Committee is authorized to make available to Congress 

any information, advice, and recommendations which the Committee is authorized to give to the Secretary. 

ø(d) COMPENSATION AND TRAVEL EXPENSES; ADMINISTRATIVE

SERVICES; PERSONNEL; AUTHORIZATION OF APPROPRIATIONS.—Members of the Committee who are not officers or employees of the 

United States shall serve without pay and members of the Committee who are officers or employees of the United States shall receive no additional pay on account of their service on the Committee. While away from their homes or regular places of business, 

members of the Committee may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 

of title 5, United States Code. The Secretary shall furnish to the 

Committee an executive secretary and such secretarial, clerical, 

and other services as are considered necessary for the conduct of 

its business. There are authorized to be appropriated such sums as 

may be necessary to implement the provisions of this subsection. 

ø(e) TERMINATION.—Unless extended by subsequent Act of Congress, the Committee shall terminate on September 30, 2020.¿ 

100 

INLAND NAVIGATIONAL RULES ACT OF 1980 

[Public Law 96–591; 94 Stat. 3434] 

øSEC. 5. NAVIGATION SAFETY ADVISORY COUNCIL. 

[33 U.S.C. 2073] 

ø(a) ESTABLISHMENT OF COUNCIL.— ø(1) IN GENERAL.—The Secretary of the department in which 

the Coast Guard is operating shall establish a Navigation Safety Advisory Council (hereinafter referred to as the ‘‘Council’’), 

consisting of not more than 21 members. All members shall 

have expertise in Inland and International vessel navigation 

Rules of the Road, aids to maritime navigation, maritime law, 

vessel safety, port safety, or commercial diving safety. Upon 

appointment, all non-Federal members shall be designated as 

representative members to represent the viewpoints and interests of one of the following groups or organizations: 

ø(A) Commercial vessel owners or operators. 

ø(B) Professional mariners. 

ø(C) Recreational boaters. 

ø(D) The recreational boating industry. 

ø(E) State agencies responsible for vessel or port safety. 

ø(F) The Maritime Law Association. 

ø(2) PANELS.—Additional persons may be appointed to panels of the Council to assist the Council in performance of its 

functions. 

ø(3) NOMINATIONS.—The Secretary, through the Coast Guard 

Commandant, shall not less often than once a year publish a 

notice in the Federal Register soliciting nominations for membership on the Council. 

ø(b) FUNCTIONS.—The Council shall advise, consult with, and 

make recommendations to the Secretary, through the Coast Guard 

Commandant, on matters relating to maritime collisions, 

rammings, groundings, Inland Rules of the Road, International 

Rules of the Road, navigation regulations and equipment, routing 

measures, marine information, diving safety, and aids to navigation systems. Any advice and recommendations made by the Council to the Secretary shall reflect the independent judgment of the 

Council on the matter concerned. The Council shall meet at the call 

of the Coast Guard Commandant, but in any event not less than 

twice during each calendar year. All proceedings of the Council 

shall be public, and a record of the proceedings shall be made 

available for public inspection. 

ø(c) EXECUTIVE SECRETARY; STAFF; TRAVEL EXPENSES AND STATUS OF MEMBERS.—The Secretary shall furnish to the Council an 

executive secretary and such secretarial, clerical, and other services 

as are deemed necessary for the conduct of its business. Members 

of the Council, while away from their home or regular places of 

business, may be allowed travel expenses, including per diem in 

lieu of subsistence, as authorized by section 5703 of title 5, United 

States Code. Payments under this section shall not render members of the Council officers or employees of the United States for 

any purpose. 

ø(d) TERMINATION OF COUNCIL.—Unless extended by subsequent 

Act of Congress, the Council shall terminate on September 30, 

2020.¿ 

101 

COAST GUARD AUTHORIZATION ACT OF 1991 

[Public Law 102–241; 105 Stat. 2213] 

øSEC. 18. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE. 

ø(a)(1) There is established a Houston-Galveston Navigation 

Safety Advisory Committee (hereinafter referred to as the ‘‘Committee’’). The Committee shall advise, consult with, and make recommendations to the Secretary of the department in which the 

Coast Guard is operating (hereinafter in this part referred to as the 

‘‘Secretary’’) on matters relating to the transit of vessels and products to and from the Ports of Galveston, Houston, Texas City, and 

Galveston Bay. The Secretary shall, whenever practicable, consult 

with the Committee before taking any significant action related to 

navigation safety at these port facilities. Any advice or recommendation made by the Committee to the Secretary shall reflect 

the independent judgment of the Committee on the matter concerned. 

ø(2) The Committee is authorized to make available to Congress any information, advice, and recommendations that the 

Committee is authorized to give to the Secretary. The Committee shall meet at the call of the Secretary, but in any event 

not less than once during each calendar year. All matters relating to or proceedings of the Committee shall comply with the 

Federal Advisory Committee Act (5 App. U.S.C.). 

ø(b) The Committee shall consist of eighteen members, who have 

particular expertise, knowledge, and experience regarding the 

transportation, equipment, and techniques that are used to ship 

cargo and to navigate vessels in the inshore and the offshore 

waters of the Gulf of Mexico: 

ø(1) Two members who are employed by the Port of Houston 

Authority or have been selected by that entity to represent 

them. 

ø(2) Two members who are employed by the Port of Galveston or the Texas City Port Complex or have been selected 

by those entities to represent them. 

ø(3) Two members from organizations that represent shipowners, stevedores, shipyards, or shipping organizations domiciled in the State of Texas. 

ø(4) Two members representing organizations that operate 

tugs or barges that utilize the port facilities at Galveston, 

Houston, and Texas City Port Complex. 

ø(5) Two members representing shipping companies that 

transport cargo from the Ports of Galveston and Houston on 

liners, break bulk, or tramp steamer vessels. 

ø(6) Two members representing those who pilot or command 

vessels that utilize the Ports of Galveston and Houston. 

ø(7) Two at-large members who may represent a particular 

interest group but who utilize the port facilities at Galveston, 

Houston, and Texas City. 

ø(8) One member representing labor organizations which 

load and unload cargo at the Ports of Galveston and Houston. 

ø(9) One member representing licensed merchant mariners, 

other than pilots, who perform shipboard duties on vessels 

which utilize the port facilities of Galveston and Houston. 

102 

ø(10) One member representing environmental interests. 

ø(11) One member representing the general public. 

ø(c) The Secretary shall appoint the members of the Committee 

after first soliciting nominations by notice published in the Federal 

Register. The Secretary may request the head of any other Federal 

agency or department to designate a representative to advise the 

Committee on matters within the jurisdiction of that agency or department. 

ø(d) The Committee shall elect, by majority vote at its first meeting, one of the members of the Committee as the chairman and one 

of the members as the vice 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. 

ø(e) Terms of members appointed to the Committee shall be for 

two years. The Secretary shall, not less often than once a year, 

publish notice in the Federal Register for solicitation of nominations for membership on the Committee. 

ø(f) Members of the Committee who are not officers or employees 

of the United States shall serve without pay and members of the 

Committee who are officers or employees of the United States shall 

receive no additional pay on account of their service on the Committee. While away from their homes or regular places of business, 

members of the Committee may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 

of title 5, United States Code. 

ø(g) The term of members of the Committee shall begin on October 1, 1992.¿ 

øSEC. 19. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE. 

ø(a)(1) There is established a Lower Mississippi River Waterway 

Advisory Committee (hereinafter referred to as the ‘‘Committee’’). 

The Committee shall advise, consult with, and make recommendations to the Secretary of the department in which the Coast Guard 

is operating (hereinafter in this part referred to as the ′′Secretary′′) 

on a wide range of matters regarding all facets of navigational safety related to the Lower Mississippi River. The Secretary shall, 

whenever practicable, consult with the Committee before taking 

any significant action related to navigation safety in the Lower 

Mississippi River. Any advice or recommendation made by the 

Committee to the Secretary shall reflect the independent judgment 

of the Committee on the matter concerned. 

ø(2) The Committee is authorized to make available to Congress any information, advice, and recommendations which the 

Committee is authorized to give the Secretary. The Committee 

shall meet at the call of the Chairman, or upon request of the 

majority of Committee members, but in any event not less than 

once during each calendar year. All matters relating to or proceedings of the Committee shall comply with the Federal Advisory Committee Act (5 App. U.S.C.). 

ø(b) The Committee shall consist of twenty-four members who 

have expertise, knowledge, and experience regarding the transportation, equipment, and techniques that are used to ship cargo and 

to navigate vessels on the Lower Mississippi River and its connecting navigable waterways including the Gulf of Mexico: 

103 

ø(1) Five members representing River Port Authorities between Baton Rouge, Louisiana, and the head of passes of the 

Lower Mississippi River, of which one member shall be from 

the Port of St. Bernard and one member from the Port of 

Plaquemines. 

ø(2) Two members representing vessel owners or ship owners 

domiciled in the State of Louisiana. 

ø(3) Two members representing organizations which operate 

harbor tugs or barge fleets in the geographical area covered by 

the Committee. 

ø(4) Two members representing companies which transport 

cargo or passengers on the navigable waterways in the geographical area covered by the Committee. 

ø(5) Three members representing State Commissioned Pilot 

organizations, with one member each representing the New 

Orleans/Baton Rouge Steamship Pilots Association, the Crescent River Port Pilots Association, and the Associated Branch 

Pilots Association. 

ø(6) Two at-large members who utilize water transportation 

facilities located in the geographical area covered by the Committee. 

ø(7) Three members representing consumers, shippers, or 

importers/exporters that utilize vessels which utilize the navigable waterways covered by the Committee. 

ø(8) Two members representing those licensed merchant 

mariners, other than pilots, who perform shipboard duties on 

those vessels which utilize navigable waterways covered by the 

Committee. 

ø(9) One member representing an organization that serves in 

a consulting or advisory capacity to the maritime industry. 

ø(10) One member representing an environmental organization. 

ø(11) One member representing the general public. 

ø(c) The Secretary shall appoint the members of the Committee 

upon recommendation after first soliciting nominations by notice in 

the Federal Register. The Secretary may request the head of any 

other Federal agency or department to designate a representative 

to advise the Committee on matters within the jurisdiction of that 

agency or department, who shall not be a voting member of the 

Committee. 

ø(d) The Committee shall annually elect, by majority vote at its 

first meeting, a chairman and vice chairman from its membership. 

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. 

ø(e) Terms of members appointed to the Committee shall be two 

years. The Secretary shall, not less than once a year, publish notice 

in the Federal Register for solicitation of nominations for membership on the Committee. 

ø(f) Members of the Committee who are not officers or employees 

of the United States shall serve without pay and members of the 

Committee who are officers or employees of the United States shall 

receive no additional pay on account of their service on the Committee. While away from their homes or regular place of business, 

members of the Committee may be allowed travel expenses, includVerDate Sep 11 2014 05:41 Jun 06, 2017 Jkt 069010 PO 00000 Frm 00105 Fmt 6659 Sfmt 6602 E:\HR\OC\SR089.XXX SR089
104 

ing per diem in lieu of subsistence, as authorized by section 5703 

of title 5, United States Code.¿ 

øSEC. 27. SHIP SHOAL LIGHTHOUSE TRANSFER. 

øNotwithstanding another law, the Secretary of Transportation 

shall transfer without consideration to the city of Berwick, Louisiana, all rights, title, and interest of the United States in the aid 

to navigation structure known as the Ship Shoal Lighthouse, Louisiana.¿ 

MARITIME TRANSPORTATION SECURITY ACT OF 2002 

[Public Law 107–295] 

SEC. 109. MARITIME SECURITY PROFESSIONAL TRAINING. 

[46 U.S.C. 70101 note] 

(a) IN GENERAL.— (1) DEVELOPMENT OF STANDARDS.—Not later than 6 months 

after the date of enactment of this Act, the Secretary of Transportation shall develop standards and curriculum to allow for 

the training and certification of maritime security professionals. In developing these standards and curriculum, the Secretary shall consult with the National Maritime Security Advisory Committee established under øsection 70112 of title 46, 

United States Code, as amended by this Act¿ section 709 of 

title 46, United States Code. (2) SECRETARY TO CONSULT ON STANDARDS.—In developing 

standards under this section, the Secretary may, without regard to the Federal Advisory Committee Act (5 U.S.C. App.), 

consult with the Federal Law Enforcement Training Center, 

the United States Merchant Marine Academy’s Global Maritime and Transportation School, the Maritime Security Council, the International Association of Airport and Port Police, the 

National Cargo Security Council, and any other Federal, State, 

or local government or law enforcement agency or private organization or individual determined by the Secretary to have pertinent expertise. 

(b) MINIMUM STANDARDS.—The standards established by the Secretary under subsection (a) shall include the following elements: 

(1) The training and certification of maritime security professionals in accordance with accepted law enforcement and security guidelines, policies, and procedures, including, as appropriate, recommendations for incorporating a background check 

process for personnel trained and certified in foreign ports. 

(2) The training of students and instructors in all aspects of 

prevention, detection, investigation, and reporting of criminal 

activities in the international maritime environment. 

(3) The provision of off-site training and certification courses 

and certified personnel at United States and foreign ports used 

by United States-flagged vessels, or by foreign-flagged vessels 

with United States citizens as passengers or crewmembers, to 

develop and enhance security awareness and practices. 

(c) TRAINING PROVIDED TO LAW ENFORCEMENT AND SECURITY

PERSONNEL.— 

(1) IN GENERAL.—The Secretary is authorized to make the 

training opportunities provided under this section available to 

any Federal, State, local, and private law enforcement or mariVerDate Sep 11 2014 05:41 Jun 06, 2017 Jkt 069010 PO 00000 Frm 00106 Fmt 6659 Sfmt 6602 E:\HR\OC\SR089.XXX SR089
105 

time security personnel in the United States or to personnel 

employed in foreign ports used by vessels with United States 

citizens as passengers or crewmembers. 

(2) ACADEMIES AND SCHOOLS.—The Secretary may provide 

training under this section at— 

(A) each of the 6 State maritime academies; 

(B) the United States Merchant Marine Academy; 

(C) the Appalachian Transportation Institute; and 

(D) other security training schools in the United States. 

(d) USE OF CONTRACT RESOURCES.—The Secretary may employ 

Federal and contract resources to train and certify maritime security professionals in accordance with the standards and curriculum 

developed under this Act. 

(e) ANNUAL REPORT.—The Secretary shall transmit an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the expenditure of appropriated 

funds and the training under this section. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary to carry out this section 

$5,500,000 for each of fiscal years 2003 through 2008. 

COAST GUARD AUTHORIZATION ACT OF 2010 

[Public Law 111–281; 124 Stat. 2950] 

øSEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY. 

ø(a) IN GENERAL.—For purposes of sections 3304, 5333, and 5753 

of title 5, United States Code, the Commandant of the Coast Guard 

may— 

ø(1) designate any category of acquisition positions within 

the Coast Guard as shortage category positions; and 

ø(2) use the authorities in such sections to recruit and appoint highly qualified persons directly to positions so designated. 

ø(b) LIMITATION.—The Commandant may not appoint a person to 

a position of employment under this paragraph after September 30, 

2012. 

ø(c) REPORTS.—The Commandant shall include in reports under 

section 562(d) of title 14, United States Code, as added by this title, 

information described in that section regarding positions designated under this section.¿ 

HOWARD COBLE COAST GUARD AND MARITIME 

TRANSPORTATION ACT OF 2014 

[Public Law 113–281; 128 Stat. 3062] 

SEC. 604. WAIVERS. 

(a) ‘‘JOHN CRAIG’’.— 

(1) IN GENERAL.—Section 8902 of title 46, United States 

Code, shall not apply to the vessel John Craig (United States 

official number D1110613) when such vessel is operating on 

the portion of the Kentucky River, Kentucky, located at approximately mile point 158, in Pool Number 9, between Lock 

and Dam Number 9 and Lock and Dam Number 10. 

106 

(2) APPLICATION.—Paragraph (1) shall apply on and after the 

date on which the Secretary of the department in which the 

Coast Guard is operating determines that a licensing requirement has been established under Kentucky State law that applies to an operator of the vessel John Craig. 

(b) ‘‘F/V WESTERN CHALLENGER’’.—Notwithstanding section 

12132 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate 

of documentation with a coastwise endorsement and a fisheries endorsement for the F/V Western Challenger (IMO number 5388108). 

NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND 

CONTROL ACT OF 1990 

[Public Law 101–646; 104 Stat. 4761] 

SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED 

STATES. 

[16 U.S.C. 4711] 

(a) * * * 

(c) VOLUNTARY NATIONAL GUIDELINES.— 

(1) IN GENERAL.—Not later than 1 year after the date of enactment of the National Invasive Species Act of 1996, and after 

providing notice and an opportunity for public comment, the 

Secretary shall issue voluntary guidelines to prevent the introduction and spread of nonindigenous species in waters of the 

United States by ballast water operations and other operations 

of vessels equipped with ballast water tanks. 

(2) CONTENT OF GUIDELINES.—The voluntary guidelines 

issued under this subsection shall— 

(A) ensure to the maximum extent practicable that 

aquatic nuisance species are not discharged into waters of 

the United States from vessels; 

(B) apply to all vessels equipped with ballast water 

tanks that operate in waters of the United States; 

(C) protect the safety of— 

(i) each vessel; and 

(ii) the crew and passengers of each vessel; 

(D) direct a vessel that is carrying ballast water into 

waters of the United States after operating beyond the exclusive economic zone to— 

(i) carry out the exchange of ballast water of the 

vessel in waters beyond the exclusive economic zone; 

(ii) exchange the ballast water of the vessel in other 

waters where the exchange does not pose a threat of 

infestation or spread of nonindigenous species in 

waters of the United States, as recommended by the 

Task Force under section 1102(a)(1); or 

(iii) use environmentally sound alternative ballast 

water management methods, including modification of 

the vessel ballast water tanks and intake systems, if 

the Secretary determines that such alternative methods are at least as effective as ballast water exchange 

in preventing and controlling infestations of aquatic 

nuisance species; 

107 

(E) direct vessels to carry out management practices 

that the Secretary determines to be necessary to reduce 

the probability of unintentional nonindigenous species 

transfer resulting from— 

(i) ship operations other than ballast water discharge; and 

(ii) ballasting practices of vessels that enter waters 

of the United States with no ballast water on board; 

(F) provide for the keeping of records that shall be submitted to the Secretary, as prescribed by the guidelines, 

and that shall be maintained on board each vessel and 

made available for inspection, upon request of the Secretary and in a manner consistent with subsection (i), in 

order to enable the Secretary to determine compliance 

with the guidelines, including— 

(i) with respect to each ballast water exchange referred to in clause (ii), reporting on the precise location and thoroughness of the exchange; and 

(ii) any other information that the Secretary considers necessary to assess the rate of effective compliance with the guidelines; 

(G) provide for sampling procedures to monitor compliance with the guidelines; 

(H) take into consideration— 

(i) vessel types; 

(ii) variations in the characteristics of point of origin 

and receiving water bodies; 

(iii) variations in the ecological conditions of waters 

and coastal areas of the United States; and 

(iv) different operating conditions; 

(I) be based on the best scientific information available; 

(J) not affect or supersede any requirements or prohibitions pertaining to the discharge of ballast water into 

waters of the United States under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and 

(K) provide an exemption from ballast water exchange 

requirements to passenger vessels with operating ballast 

water systems that are equipped with treatment systems 

designed to kill aquatic organisms in ballast water, unless 

the Secretary determines that such treatment systems are 

less effective than ballast water exchange at reducing the 

risk of transfers of invasive species in the ballast water of 

passenger vesselsø; and¿. 

ø(L) not apply to crude oil tankers engaged in the coastwise trade.¿ 

(3) Education and technical assistance programs. Not later 

than 1 year after the date of enactment of the National 

Invasive Species Act of 1996, the Secretary shall carry out education and technical assistance programs and other measures 

to encourage compliance with the guidelines issued under this 

subsection. 

(d) * * * 

108 

SEC. 1205. RELATIONSHIP TO OTHER LAWS. 

[16 U.S.C. 4725] 

All actions taken by Federal agencies in implementing the provisions of section 1202 shall be consistent with all applicable Federal, 

State, and local environmental laws. Nothing in this title shall affect the authority of any State or political subdivision thereof to 

adopt or enforce control measures for aquatic nuisance species, or 

diminish or affect the jurisdiction of any State over species of fish 

and wildlife. Compliance with the control and eradication measures 

of any State or political subdivision thereof regarding aquatic nuisance species shall not relieve any person of the obligation to comply with the provisions of this subtitle. Ballast water and discharges incidental to the normal operation of a commercial vessel 

(as such terms are defined in the Commercial Vessel Incidental Discharge Act), shall be regulated pursuant to such Act. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 

COMMISSIONED OFFICER CORPS 

[33 U.S.C. 3001 et seq.] 

SEC. 212. DEFINITIONS. 

[33 U.S.C. 3002] 

(a) APPLICABILITY OF DEFINITIONS IN TITLE 10, UNITED STATES

CODE.—Except as provided in subsection (b), the definitions provided in section 101 of title 10, United States Code, apply to the 

provisions of this title. 

(b) ADDITIONAL DEFINITIONS.—In this title: 

(1) ACTIVE DUTY.—The term ‘‘active duty’’ means full-time 

duty in the active service of a uniformed service. 

(2) GRADE.—The term ‘‘grade’’ means a step or degree, in a 

graduated scale of office or rank, that is established and designated as a grade by law or regulation. 

(3) OFFICER.—The term ‘‘officer’’ means an officer of the commissioned corps. 

(4) OFFICER CANDIDATE.—The term ‘‘officer candidate’’ means 

an individual who is enrolled in the basic officer training program of the Administration and is under consideration for appointment as an officer under section 221(a)(2)(A). 

ø(4)¿(5) FLAG OFFICER.—The term ‘‘flag officer’’ means an officer serving in, or having the grade of, vice admiral, rear admiral, or rear admiral (lower half). 

ø(5)¿(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Commerce. 

ø(6)¿(7) ADMINISTRATION.—The term ‘‘Administration’’ means 

the National Oceanic and Atmospheric Administration. 

øSEC. 214. STRENGTH AND DISTRIBUTION IN GRADE. 

[33 U.S.C. 3004] 

ø(a) RELATIVE RANK; PROPORTION.—Of the total authorized number of officers on the lineal list of the commissioned corps, there are 

authorized numbers in permanent grade, in relative rank with officers of the Navy, in proportions as follows: 

ø(1) 8 in the grade of captain. 

ø(2) 14 in the grade of commander. 

ø(3) 19 in the grade of lieutenant commander. 

ø(4) 23 in the grade of lieutenant. 

109 

ø(5) 18 in the grade of lieutenant (junior grade). 

ø(6) 18 in the grade of ensign. 

ø(b) COMPUTATION OF NUMBER IN GRADE.— 

ø(1) IN GENERAL.—Subject to paragraph (2), whenever a final 

fraction occurs in computing the authorized number of officers 

in a grade, the nearest whole number shall be taken, and if the 

fraction is one-half the next higher whole number shall be 

taken. 

ø(2) LIMITATION ON INCREASE IN TOTAL NUMBER.—The total 

number of officers on the lineal list authorized by law may not 

be increased as the result of the computations prescribed in 

this section, and if necessary the number of officers in the lowest grade shall be reduced accordingly. 

ø(c) PRESERVATION OF GRADE AND PAY, ETC.—No officer may be 

reduced in grade or pay or separated from the commissioned corps 

as the result of a computation made to determine the authorized 

number of officers in the various grades. 

ø(d) FILLING OF VACANCIES; ADDITIONAL NUMBERS.—Nothing in 

this section may be construed as requiring the filling of any vacancy or as prohibiting additional numbers in any grade to compensate for vacancies existing in higher grades. 

ø(e) TEMPORARY INCREASE IN NUMBERS.—The total number of officers authorized by law to be on the lineal list during a fiscal year 

may be temporarily exceeded so long as the average number on 

that list during that fiscal year does not exceed the authorized 

number.¿ 

SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE. 

(a) GRADES.—The commissioned grades in the commissioned officer corps of the Administration are the following, in relative rank 

with officers of the Navy: 

(1) Vice admiral. 

(2) Rear admiral. 

(3) Rear admiral (lower half). 

(4) Captain. 

(5) Commander. 

(6) Lieutenant commander. 

(7) Lieutenant. 

(8) Lieutenant (junior grade). 

(9) Ensign. 

(b) GRADE DISTRIBUTION.—The Secretary shall prescribe, with respect to the distribution on the lineal list in grade, the percentages 

applicable to the grades set forth in subsection (a). 

(c) ANNUAL COMPUTATION OF NUMBER IN GRADE.— 

(1) IN GENERAL.—Not less frequently than once each year, the 

Secretary shall make a computation to determine the number of 

officers on the lineal list authorized to be serving in each grade. 

(2) METHOD OF COMPUTATION.—The number in each grade 

shall be computed by applying the applicable percentage to the 

total number of such officers serving on active duty on the date 

the computation is made. 

(3) FRACTIONS.—If a final fraction occurs in computing the 

authorized number of officers in a grade, the nearest whole 

number shall be taken. If the fraction is 1⁄2, the next higher 

whole number shall be taken. 

110 

(d) TEMPORARY INCREASE IN NUMBERS.—The total number of officers authorized by law to be on the lineal list during a fiscal year 

may be temporarily exceeded if the average number on that list during that fiscal year does not exceed the authorized number. 

(e) POSITIONS OF IMPORTANCE AND RESPONSIBILITY.—Officers 

serving in positions designated under section 228(a) and officers recalled from retired status shall not be counted when computing authorized strengths under subsection (c) and shall not count against 

those strengths. 

(f) PRESERVATION OF GRADE AND PAY.—No officer may be reduced 

in grade or pay or separated from the commissioned officer corps of 

the Administration as the result of a computation made to determine the authorized number of officers in the various grades. 

SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS. 

[33 U.S.C. 3005] 

øEffective¿ 

(a) IN GENERAL.—Effective October 1, 2009, the total number of 

authorized commissioned officers on the lineal list of the commissioned corps of the National Oceanic and Atmospheric Administration shall be increased from 321 to 379 if— 

(1) the Secretary has submitted to the Congress— 

(A) the Administration’s ship recapitalization plan for 

fiscal years 2010 through 2024; 

(B) the Administration’s aircraft remodernization plan; 

and 

(C) supporting workforce management plans; 

(2) appropriated funding is available; and 

(3) the Secretary has justified organizational needs for the 

commissioned corps for each such fiscal year. 

(b) POSITIONS OF IMPORTANCE AND RESPONSIBILITY.—Officers 

serving in positions designated under section 228 and officers recalled from retired status or detailed to an agency other than the 

Administration— 

(1) may not be counted in determining the total number of 

authorized officers on the lineal list under this section; and 

(2) may not count against such number. 

SEC. 216. OBLIGATED SERVICE REQUIREMENT. 

(a) IN GENERAL.— 

(1) RULEMAKING.—The Secretary shall prescribe the obligated 

service requirements for appointments, training, promotions, 

separations, continuations, and retirement of officers not otherwise covered by law. 

(2) WRITTEN AGREEMENTS.—The Secretary and officers shall 

enter into written agreements that describe the officers’ obligated service requirements prescribed under paragraph (1) in 

return for such appointments, training, promotions, separations, and retirements as the Secretary considers appropriate. 

(b) REPAYMENT FOR FAILURE TO SATISFY REQUIREMENTS.— 

(1) IN GENERAL.—The Secretary may require an officer who 

fails to meet the service requirements prescribed under subsection (a)(1) to reimburse the Secretary in an amount that 

bears the same ratio to the total costs of the training provided 

to that officer by the Secretary as the unserved portion of active 

111 

duty bears to the total period of active duty the officer agreed 

to serve. 

(2) OBLIGATION AS DEBT TO UNITED STATES.—An obligation to 

reimburse the Secretary under paragraph (1) shall be considered for all purposes as a debt owed to the United States. 

(3) DISCHARGE IN BANKRUPTCY.—A discharge in bankruptcy 

under title 11 that is entered less than 5 years after the termination of a written agreement entered into under subsection 

(a)(2) does not discharge the individual signing the agreement 

from a debt arising under such agreement. 

(c) WAIVER OR SUSPENSION OF COMPLIANCE.—The Secretary may 

waive the service obligation of an officer who— 

(1) becomes unqualified to serve on active duty in the commissioned officer corps of the Administration because of a circumstance not within the control of that officer; or 

(2) is— 

(A) not physically qualified for appointment; and 

(B) determined to be unqualified for service in the commissioned officer corps of the Administration because of a 

physical or medical condition that was not the result of the 

officer’s own misconduct or grossly negligent conduct. 

SEC. 217. TRAINING AND PHYSICAL FITNESS. 

(a) TRAINING.—The Secretary may take such measures as may be 

necessary to ensure that officers are prepared to carry out their duties in the commissioned officer corps of the Administration and 

proficient in the skills necessary to carry out such duties. Such 

measures may include the following: 

(1) Carrying out training programs and correspondence 

courses, including establishing and operating a basic officer 

training program to provide initial indoctrination and maritime vocational training for officer candidates as well as refresher training, mid-career training, aviation training, and 

such other training as the Secretary considers necessary for officer development and proficiency. 

(2) Providing officers and officer candidates with books and 

school supplies. 

(3) Acquiring such equipment as may be necessary for training and instructional purposes. 

(b) PHYSICAL FITNESS.—The Secretary shall ensure that officers 

maintain a high physical state of readiness by establishing standards of physical fitness for officers that are substantially equivalent 

to those prescribed for officers in the Coast Guard. 

SEC. 218. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS. 

The Secretary may use for public relations purposes of the Department of Commerce any advertising materials developed for use for 

recruitment and retention of personnel for the commissioned officer 

corps of the Administration. Any such use shall be under such conditions and subject to such restrictions as the Secretary shall prescribe. 

øSEC. 221. ORIGINAL APPOINTMENTS. 

[33 U.S.C. 3021] 

ø(a) IN GENERAL.— 

ø(1) GRADES.—Original appointments may be made in the 

grades of ensign, lieutenant (junior grade), and lieutenant. 

112 

ø(2) QUALIFICATIONS.—Under regulations prescribed by the 

Secretary, such an appointment may be given only to a person 

who— 

ø(A) meets the qualification requirements specified in 

paragraphs (1) through (4) of section 532(a) of title 10, 

United States Code; and 

ø(B) has such other special qualifications as the Secretary may prescribe by regulation. 

ø(3) EXAMINATION.—A person may be given such an appointment only after passage of a mental and physical examination 

given in accordance with regulations prescribed by the Secretary. 

ø(4) REVOCATION OF COMMISSION OF OFFICERS FOUND NOT

QUALIFIED.—The President may revoke the commission of any 

officer appointed under this section during the officer’s first 

three years of service if the officer is found not qualified for the 

service. Any such revocation shall be made under regulations 

prescribed by the President. 

ø(b) LINEAL LIST.—Each person appointed under this section 

shall be placed on the lineal list in a position commensurate with 

that person’s age, education, and experience, in accordance with 

regulations prescribed by the Secretary. 

ø(c) SERVICE CREDIT UPON ORIGINAL APPOINTMENT IN GRADE

ABOVE ENSIGN.— ø(1) IN GENERAL.—For the purposes of basic pay, a person 

appointed under this section in the grade of lieutenant shall be 

credited as having, on the date of that appointment, three 

years of service, and a person appointed under this section in 

the grade of lieutenant (junior grade) shall be credited as having, as of the date of that appointment, 1 1/2 years of service. 

ø(2) HIGHER CREDIT UNDER OTHER LAW.—If a person appointed under this section is entitled to credit for the purpose 

of basic pay under any other provision of law that would exceed the amount of credit authorized by paragraph (1), that 

person shall be credited with that amount of service in lieu of 

the credit authorized by paragraph (1).¿ 

SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS. 

(a) ORIGINAL APPOINTMENTS.— (1) GRADES.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), an original appointment of an officer may be made in 

such grades as may be appropriate for— 

(i) the qualification, experience, and length of service 

of the appointee; and 

(ii) the commissioned officer corps of the Administration. 

(B) APPOINTMENT OF OFFICER CANDIDATES.— 

(i) LIMITATION ON GRADE.—An original appointment 

of an officer candidate, upon graduation from the basic 

officer training program of the commissioned officer 

corps of the Administration, may not be made in any 

other grade than ensign. 

(ii) RANK.—Officer candidates receiving appointments as ensigns upon graduation from basic officer 

training program shall take rank according to their 

113 

proficiency as shown by the order of their merit at date 

of graduation. 

(2) SOURCE OF APPOINTMENTS.—An original appointment 

may be made from among the following: 

(A) Graduates of the basic officer training program of the 

commissioned officer corps of the Administration. 

(B) Graduates of the military service academies of the 

United States who otherwise meet the academic standards 

for enrollment in the training program described in subparagraph (A). 

(C) Graduates of the maritime academies of the States 

who— 

(i) otherwise meet the academic standards for enrollment in the training program described in subparagraph (A); 

(ii) completed at least 3 years of regimented training 

while at a maritime academy of a State; and 

(iii) obtained an unlimited tonnage or unlimited 

horsepower Merchant Mariner Credential from the 

United States Coast Guard. 

(D) Licensed officers of the United States merchant marine who have served 2 or more years aboard a vessel of the 

United States in the capacity of a licensed officer, who otherwise meet the academic standards for enrollment in the 

training program described in subparagraph (A). 

(3) DEFINITIONS.—In this subsection: 

(A) MARITIME ACADEMIES OF THE STATES.—The term 

‘‘maritime academies of the States’’ means the following: 

(i) California Maritime Academy, Vallejo, California. 

(ii) Great Lakes Maritime Academy, Traverse City, 

Michigan. 

(iii) Maine Maritime Academy, Castine, Maine. 

(iv) Massachusetts Maritime Academy, Buzzards 

Bay, Massachusetts. 

(v) State University of New York Maritime College, 

Fort Schuyler, New York. 

(vi) Texas A&M Maritime Academy, Galveston, 

Texas. 

(B) MILITARY SERVICE ACADEMIES OF THE UNITED

STATES.—The term ‘‘military service academies of the 

United States’’ means the following: 

(i) The United States Military Academy, West Point, 

New York. 

(ii) The United States Naval Academy, Annapolis, 

Maryland. 

(iii) The United States Air Force Academy, Colorado 

Springs, Colorado. 

(iv) The United States Coast Guard Academy, New 

London, Connecticut. 

(v) The United States Merchant Marine Academy, 

Kings Point, New York. 

(b) REAPPOINTMENT.— 

(1) IN GENERAL.—Except as provided in paragraph (2), an individual who previously served in the commissioned officer 

114 

corps of the Administration may be appointed by the Secretary 

to the grade the individual held prior to separation. 

(2) REAPPOINTMENTS TO HIGHER GRADES.—An appointment 

under paragraph (1) to a position of importance and responsibility designated under section 228 may only be made by the 

President. 

(c) QUALIFICATIONS.—An appointment under subsection (a) or (b) 

may not be given to an individual until the individual’s mental, 

moral, physical, and professional fitness to perform the duties of an 

officer has been established under such regulations as the Secretary 

shall prescribe. 

(d) PRECEDENCE OF APPOINTEES.—Appointees under this section 

shall take precedence in the grade to which appointed in accordance 

with the dates of their commissions as commissioned officers in 

such grade. Appointees whose dates of commission are the same 

shall take precedence with each other as the Secretary shall determine. 

(e) INTER-SERVICE TRANSFERS.—For inter-service transfers (as described in the Department of Defense Directive 1300.4 (dated December 27, 2006)) the Secretary shall— 

(1) coordinate with the Secretary of Defense and the Secretary 

of the Department in which the Coast Guard is operating to 

promote and streamline inter-service transfers; 

(2) give preference to such inter-service transfers for recruitment purposes as determined appropriate by the Secretary; and 

(3) reappoint such inter-service transfers to the equivalent 

grade in the commissioned officer corps. 

øSEC. 222. PERSONNEL BOARDS. 

[33 U.S.C. 3022] 

ø(a) CONVENING.—At least once a year and at such other times 

as the Secretary determines necessary, the Secretary shall convene 

a personnel board. A personnel board shall consist of not less than 

five officers on the lineal list in the permanent grade of commander 

or above. 

ø(b) DUTIES.—Each personnel board shall— 

ø(1) recommend to the Secretary such changes in the lineal 

list as the board may determine; and 

ø(2) make selections and recommendations to the Secretary 

and President for the appointment, promotion, separation, continuation, and retirement of officers as prescribed in this subtitle and subtitle C. 

ø(c) ACTION ON RECOMMENDATIONS NOT ACCEPTABLE.—In a case 

in which any recommendation by a board convened under subsection (a) is not accepted by the Secretary or the President, the 

board shall make such further recommendations as are acceptable.¿ 

SEC. 222. PERSONNEL BOARDS. 

(a) CONVENING.—Not less frequently than once each year and at 

such other times as the Secretary determines necessary, the Secretary shall convene a personnel board. 

(b) MEMBERSHIP.— 

(1) IN GENERAL.—A board convened under subsection (a) 

shall consist of 5 or more officers who are serving in or above 

115 

the permanent grade of the officers under consideration by the 

board. 

(2) RETIRED OFFICERS.—Officers on the retired list may be recalled to serve on such personnel boards as the Secretary considers necessary. 

(3) NO MEMBERSHIP ON 2 SUCCESSIVE BOARDS.—No officer 

may be a member of 2 successive personnel boards convened to 

consider officers of the same grade for promotion or separation. 

(c) DUTIES.—Each personnel board shall— 

(1) recommend to the Secretary such changes as may be necessary to correct any erroneous position on the lineal list that 

was caused by administrative error; and 

(2) make selections and recommendations to the Secretary 

and the President for the appointment, promotion, involuntary 

separation, continuation, and involuntary retirement of officers 

in the commissioned officer corps of the Administration as prescribed in this title. 

(d) ACTION ON RECOMMENDATIONS NOT ACCEPTABLE.—If any recommendation by a board convened under subsection (a) is not accepted by the Secretary or the President, the board shall make such 

further recommendations as the Secretary or the President considers 

appropriate. 

SEC. 226. APPOINTMENTS AND PROMOTIONS TO PERMANENT GRADES. 

[33 U.S.C. 3026] 

øAppointments¿ 

(a) IN GENERAL.—Appointments in and promotions to all permanent grades shall be made by the President. 

(b) DELEGATION OF APPOINTMENT AUTHORITY.—If the President 

delegates authority to the Secretary to make appointments under 

this section, the President shall, during a period in which the position of the Secretary is vacant, delegate such authority to the Deputy 

Secretary of Commerce or the Under Secretary for Oceans and Atmosphere during such period. 

SEC. 228. POSITIONS OF IMPORTANCE AND RESPONSIBILITY. 

[33 U.S.C. 3028] 

* * * * * * * 

(c) DIRECTOR OF NOAA CORPS AND ASSISTANT ADMINISTRATOR

OF THE OFFICE OF MARINE AND AVIATION OPERATIONS.—The Secretary shall designate one position under this section as responsible for oversight of the vessel and aircraft fleets and for the administration of the commissioned officer corps. That position shall 

be filled by an officer on the lineal list serving in or above the 

grade of rear admiral (lower half). For the specific purpose of administering the commissioned officer corps, that position shall 

carry the title of Director of the National Oceanic and Atmospheric 

Administration Commissioned Officer Corps. For the specific purpose of administering the vessel and aircraft fleets, that position 

shall carry the title of øDirector¿ Assistant Administrator of the Office of Marine and Aviation Operations. 

* * * * * * * 

116 

øSEC. 229. TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY. 

[33 U.S.C. 3029] 

ø(a) ENSIGN.—Temporary appointments in the grade of ensign 

may be made by the President. Each such temporary appointment 

terminates at the close of the next regular session of the Congress. 

ø(b) LIEUTENANT (JUNIOR GRADE).—Officers in the permanent 

grade of ensign may be temporarily promoted to and appointed in 

the grade of lieutenant (junior grade) by the President whenever 

vacancies exist in higher grades. 

ø(c) ANY ONE GRADE.—When determined by the Secretary to be 

in the best interest of the service, officers in any permanent grade 

may be temporarily promoted one grade by the President. Any such 

temporary promotion terminates upon the transfer of the officer to 

a new assignment.¿ 

SEC. 229. TEMPORARY APPOINTMENTS. 

(a) APPOINTMENTS BY PRESIDENT.—Temporary appointments in 

the grade of ensign, lieutenant junior grade, or lieutenant may be 

made by the President. 

(b) TERMINATION.—A temporary appointment to a position under 

subsection (a) shall terminate upon approval of a permanent appointment for such position made by the President. 

(c) ORDER OF PRECEDENCE.—Appointees under subsection (a) 

shall take precedence in the grade to which appointed in accordance 

with the dates of their appointments as officers in such grade. The 

order of precedence of appointees who are appointed on the same 

date shall be determined by the Secretary. 

(d) ANY ONE GRADE.—When determined by the Secretary to be in 

the best interest of the commissioned officer corps, officers in any 

permanent grade may be temporarily promoted one grade by the 

President. Any such temporary promotion terminates upon the 

transfer of the officer to a new assignment. 

(e) DELEGATION OF APPOINTMENT AUTHORITY.—If the President 

delegates authority to the Secretary to make appointments under 

this section, the President shall, during a period in which the position of the Secretary is vacant, delegate such authority to the Deputy 

Secretary of Commerce or the Under Secretary for Oceans and Atmosphere during such period. 

SEC. 234. OFFICER CANDIDATES. 

(a) DETERMINATION OF NUMBER.—The Secretary shall determine 

the number of appointments of officer candidates. 

(b) APPOINTMENT.—Appointment of officer candidates shall be 

made under regulations which the Secretary shall prescribe, including regulations with respect to determining age limits, methods of 

selection of officer candidates, term of service as an officer candidate 

before graduation from the program, and all other matters affecting 

such appointment. 

(c) DISMISSAL.—The Secretary may dismiss from the basic officer 

training program of the Administration any officer candidate who, 

during the officer candidate’s term as an officer candidate, the Secretary considers unsatisfactory in either academics or conduct, or 

not adapted for a career in the commissioned officer corps of the Administration. Officer candidates shall be subject to rules governing 

117 

discipline prescribed by the Director of the National Oceanic and 

Atmospheric Administration Commissioned Officer Corps. 

(d) AGREEMENT.— 

(1) IN GENERAL.—Each officer candidate shall sign an agreement with the Secretary in accordance with section 216(a)(2) regarding the officer candidate’s term of service in the commissioned officer corps of the Administration. 

(2) ELEMENTS.—An agreement signed by an officer candidate 

under paragraph (1) shall provide that the officer candidate 

agrees to the following: 

(A) That the officer candidate will complete the course of 

instruction at the basic officer training program of the Administration. 

(B) That upon graduation from the such program, the officer candidate— 

(i) will accept an appointment, if tendered, as an officer; and 

(ii) will serve on active duty for at least 4 years immediately after such appointment. 

(e) REGULATIONS.—The Secretary shall prescribe regulations to 

carry out this section. Such regulations shall include— 

(1) standards for determining what constitutes a breach of an 

agreement signed under such subsection (d)(1); and 

(2) procedures for determining whether such a breach has occurred. 

(f) REPAYMENT.—An officer candidate or former officer candidate 

who does not fulfill the terms of the obligation to serve as specified 

under section (d) shall be subject to the repayment provisions of section 216(b). 

SEC. 235. PROCUREMENT OF PERSONNEL. 

The Secretary may make such expenditures as the Secretary considers necessary in order to obtain recruits for the commissioned officer corps of the Administration, including advertising. 

SEC. 241. INVOLUNTARY RETIREMENT OR SEPARATION. 

[33 U.S.C. 3041] 

(a) TRANSFER OF OFFICERS TO RETIRED LIST; SEPARATION FROM

SERVICE.—As recommended by a personnel board convened under 

section 222— 

(1) an officer in the permanent grade of captain or commander may be transferred to the retired list; and 

(2) an officer in the permanent grade of lieutenant commander, lieutenant, or lieutenant (junior grade) who is not 

qualified for retirement may be separated from the service. 

(b) COMPUTATIONS.—In any fiscal year, the total number of officers selected for retirement or separation under subsection (a) plus 

the number of officers retired for age may not exceed the whole 

number nearest 4 percent of the total number of officers authorized 

to be on the active list, except as otherwise provided by law. 

(c) EFFECTIVE DATE OF RETIREMENTS AND SEPARATIONS.—A retirement or separation under subsection (a) shall take effect on the 

first day of the sixth month beginning after the date on which the 

Secretary approves the retirement or separation, except that if the 

officer concerned requests an earlier retirement or separation date, 

the date shall be as determined by the Secretary. 

118 

(d) DEFERMENT OF RETIREMENT OR SEPARATION FOR MEDICAL

REASONS.— 

(1) IN GENERAL.—If the Secretary determines that the evaluation of the medical condition of an officer requires hospitalization or medical observation that cannot be completed with confidence in a manner consistent with the officer’s well being before the date on which the officer would otherwise be required 

to retire or be separated under this section, the Secretary may 

defer the retirement or separation of the officer. 

(2) CONSENT REQUIRED.—A deferment may only be made with 

the written consent of the officer involved. If the officer does not 

provide written consent to the deferment, the officer shall be retired or separated as scheduled. 

(3) LIMITATION.—A deferral of retirement or separation under 

this subsection may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical 

observation. 

SEC. 242. SEPARATION PAY. 

[33 U.S.C. 3042] 

(a) AUTHORIZATION OF PAYMENT.—An officer who is separated 

under section 241(a)(2) and who has completed more than three 

years of continuous active service immediately before that separation is entitled to separation pay computed under subsection (b) unless the Secretary determines that the conditions under which the 

officer is separated do not warrant payment of that pay. 

(b) AMOUNT OF SEPARATION PAY.— 

(1) SIX OR MORE YEARS.—In the case of an officer who has 

completed six or more years of continuous active service immediately before that separation, the amount of separation pay to 

be paid to the officer under this section is 10 percent of the 

product of— 

(A) the years of active service creditable to the officer; 

and 

(B) 12 times the monthly basic pay to which the officer 

was entitled at the time of separation. 

(2) THREE TO SIX YEARS.—In the case of an officer who has 

completed three or more but fewer than six years of continuous 

active service immediately before that separation, the amount 

of separation pay to be paid to the officer under this section is 

one-half of the amount computed under paragraph (1). 

(c) OTHER CONDITIONS, REQUIREMENTS, AND ADMINISTRATIVE

PROVISIONS.—The provisions of subsections (f), (g), and (h) of section 1174 of title 10, United States Code, shall apply to separation 

pay under this section in the same manner as such provisions 

apply to separation pay under that section. 

(d) EXCEPTION.—An officer discharged for twice failing selection 

for promotion to the next higher grade is not entitled to separation 

pay under this section if the officer— 

(1) expresses a desire not to be selected for promotion; or 

(2) requests removal from the list of selectees. 

119 

SEC. 261. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, 

UNITED STATES CODE. 

[33 U.S.C. 3071] 

(a) PROVISIONS MADE APPLICABLE TO THE CORPS.—The rules of 

law that apply to the Armed Forces under the following provisions 

of title 10, United States Code, as those provisions are in effect 

from time to time, apply also to the commissioned officer corps of 

the Administration: 

(1) Chapter 40, relating to leave. 

(2) Section 533(b), relating to constructive service. 

(3) Section 716, relating to transfers between the armed 

forces and to and from National Oceanic and Atmospheric Administration. 

(4) Section 771, relating to unauthorized wearing of uniforms. 

(5) Section 774, relating to wearing religious apparel while in 

uniform. 

(6) Section 982, relating to service on State and local juries. 

(7) Section 1031, relating to administration of oaths. 

(8) Section 1034, relating to protected communications and 

prohibition of retaliatory personnel actions. 

ø(4)¿ (9) Section 1035, relating to deposits of savings. 

ø(5)¿ (10) Section 1036, relating to transportation and travel 

allowances for escorts for dependents of members. 

ø(6)¿ (11) Section 1052, relating to reimbursement for adoption expenses. 

ƒ(11)≈(12) Section 1074n, relating to annual mental health 

assessments. 

ƒ(12)≈(13) Section 1090a, relating to referrals for mental 

health evaluations. 

ƒ(13)≈(14) Chapter 58, relating to the Benefits and Services 

for members being separated or recently separated. 

ø(7)¿(15) Section 1174a, relating to special separation benefits (except that benefits under subsection (b)(2)(B) of such section are subject to the availability of appropriations for such 

purpose and are provided at the discretion of the Secretary of 

Commerce). 

ø(8)¿(16) Chapter 61, relating to retirement or separation for 

physical disability. 

ø(9)¿(17) Chapter 69, relating to retired grade, except sections 1370, 1375, and 1376. 

ø(10)¿(18) Chapter 71, relating to computation of retired pay. 

ø(11)¿(19) Chapter 73, relating to annuities based on retired 

or retainer pay. 

ø(12)¿(20) Subchapter II of chapter 75, relating to death benefits. 

(21) Subchapter I of chapter 88, relating to Military Family 

Programs. 

(22) Section 2005, relating to advanced education assistance, 

active duty agreements, and reimbursement requirements. 

ø(13)¿(23) Section 2634, relating to transportation of motor 

vehicles for members on permanent change of station. 

ø(14)¿(24) Sections 2731 and 2735, relating to property loss 

incident to service. 

ø(15)¿(25) Section 2771, relating to final settlement of accounts of deceased members. 

120 

ø(16)¿(26) Such other provisions of subtitle A of that title as 

may be adopted for applicability to the commissioned officer 

corps of the National Oceanic and Atmospheric Administration 

by any other provision of law. 

(b) REFERENCES.—The authority vested by title 10, United States 

Code, in the ‘‘military departments’’, ‘‘the Secretary concerned’’, or 

‘‘the Secretary of Defense’’ with respect to the provisions of law referred to in subsection (a) shall be exercised, with respect to the 

commissioned officer corps of the Administration, by the Secretary 

of Commerce or the Secretary’s designee. For purposes of paragraph (8) of subsection (a), the term ‘‘Inspector General’’ in section 

1034 of such title 10 shall mean the Inspector General of the Department of Commerce. 

(c) REGULATIONS REGARDING PROTECTED COMMUNICATIONS AND

PROHIBITION OF RETALIATORY PERSONNEL ACTIONS.—The Secretary 

may promulgate regulations to carry out the application of section 

1034 of title 10, United States Code, to the commissioned officer 

corps of the Administration, including by promulgating such administrative procedures for investigation and appeal within the 

commissioned officer corps as the Secretary considers appropriate. 

SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 

UNITED STATES CODE. 

(a) PROVISIONS MADE APPLICABLE TO COMMISSIONED OFFICER

CORPS.—The provisions of law applicable to the Armed Forces 

under the following provisions of title 37, United States Code, shall 

apply to the commissioned officer corps of the Administration: 

(1) Section 324, relating to accession bonuses for new officers 

in critical skills. 

(2) Section 403(f)(3), relating to prescribing regulations defining the terms ‘‘field duty’’ and ‘‘sea duty’’. 

(3) Section 403(l), relating to temporary continuation of housing allowance for dependents of members dying on active duty. 

(4) Section 488, relating to allowances for recruiting expenses. 

(5) Section 495, relating to allowances for funeral honors 

duty. 

(b) REFERENCES.—The authority vested by title 37, United States 

Code, in the ‘‘military departments’’, ‘‘the Secretary concerned’’, or 

‘‘the Secretary of Defense’’ with respect to the provisions of law referred to in subsection (a) shall be exercised, with respect to the commissioned officer corps of the Administration, by the Secretary of 

Commerce or the Secretary’s designee. 

SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM. 

(a) AUTHORITY TO REPAY EDUCATION LOANS.—For the purpose of 

maintaining adequate numbers of officers of the commissioned officer corps of the Administration on active duty who have skills required by the commissioned officer corps, the Secretary may repay, 

in the case of a person described in subsection (b), a loan that— 

(1) was used by the person to finance education; and 

(2) was obtained from a governmental entity, private financial institution, educational institution, or other authorized entity. 

(b) ELIGIBLE PERSONS.—To be eligible to obtain a loan repayment 

under this section, a person must— 

(1) satisfy 1 of the requirements specified in subsection (c); 

121 

(2) be fully qualified for, or hold, an appointment as a commissioned officer in the commissioned officer corps of the Administration; and 

(3) sign a written agreement to serve on active duty, or, if on 

active duty, to remain on active duty for a period in addition 

to any other incurred active duty obligation. 

(c) ACADEMIC AND PROFESSIONAL REQUIREMENTS.—One of the following academic requirements must be satisfied for purposes of determining the eligibility of an individual for a loan repayment 

under this section: 

(1) The person is fully qualified in a profession that the Secretary has determined to be necessary to meet identified skill 

shortages in the commissioned officer corps. 

(2) The person is enrolled as a full-time student in the final 

year of a course of study at an accredited educational institution (as determined by the Secretary of Education) leading to a 

degree in a profession that will meet identified skill shortages 

in the commissioned officer corps. 

(d) LOAN REPAYMENTS.— 

(1) IN GENERAL.—Subject to the limits established under 

paragraph (2), a loan repayment under this section may consist 

of the payment of the principal, interest, and related expenses 

of a loan obtained by a person described in subsection (b). 

(2) LIMITATION ON AMOUNT.—For each year of obligated service that a person agrees to serve in an agreement described in 

subsection (b)(3), the Secretary may pay not more than the 

amount specified in section 2173(e)(2) of title 10, United States 

Code. 

(e) ACTIVE DUTY SERVICE OBLIGATION.— 

(1) IN GENERAL.—A person entering into an agreement described in subsection (b)(3) incurs an active duty service obligation. 

(2) LENGTH OF OBLIGATION DETERMINED UNDER REGULA- TIONS.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the length of the obligation under paragraph (1) shall 

be determined under regulations prescribed by the Secretary. 

(B) MINIMUM OBLIGATION.—The regulations prescribed 

under subparagraph (A) may not provide for a period of obligation of less than 1 year for each maximum annual 

amount, or portion thereof, paid on behalf of the person for 

qualified loans. 

(3) PERSONS ON ACTIVE DUTY BEFORE ENTERING INTO AGREEMENT.—The active duty service obligation of persons on active 

duty before entering into the agreement shall be served after the 

conclusion of any other obligation incurred under the agreement. 

(f) EFFECT OF FAILURE TO COMPLETE OBLIGATION.— (1) ALTERNATIVE OBLIGATIONS.—An officer who is relieved of 

the officer’s active duty obligation under this section before the 

completion of that obligation may be given any alternative obligation, at the discretion of the Secretary. 

(2) REPAYMENT.—An officer who does not complete the period 

of active duty specified in the agreement entered into under subVerDate Sep 11 2014 05:41 Jun 06, 2017 Jkt 069010 PO 00000 Frm 00123 Fmt 6659 Sfmt 6603 E:\HR\OC\SR089.XXX SR089
122 

section (b)(3), or the alternative obligation imposed under paragraph (1), shall be subject to the repayment provisions under 

section 216. 

(g) RULEMAKING.—The Secretary shall prescribe regulations to 

carry out this section, including— 

(1) standards for qualified loans and authorized payees; and 

(2) other terms and conditions for the making of loan repayments. 

SEC. 268. INTEREST PAYMENT PROGRAM. 

(a) AUTHORITY.—The Secretary may pay the interest and any special allowances that accrue on 1 or more student loans of an eligible 

officer, in accordance with this section. 

(b) ELIGIBLE OFFICERS.—An officer is eligible for the benefit described in subsection (a) while the officer— 

(1) is serving on active duty; 

(2) has not completed more than 3 years of service on active 

duty; 

(3) is the debtor on 1 or more unpaid loans described in subsection (c); and 

(4) is not in default on any such loan. 

(c) STUDENT LOANS.—The authority to make payments under subsection (a) may be exercised with respect to the following loans: 

(1) A loan made, insured, or guaranteed under part B of title 

IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.). 

(2) A loan made under part D of such title (20 U.S.C. 1087a 

et seq.). 

(3) A loan made under part E of such title (20 U.S.C. 1087aa 

et seq.). 

(d) MAXIMUM BENEFIT.—Interest and any special allowance may 

be paid on behalf of an officer under this section for any of the 36 

consecutive months during which the officer is eligible under subsection (b). 

(e) FUNDS FOR PAYMENTS.—The Secretary may use amounts appropriated for the pay and allowances of personnel of the commissioned officer corps of the Administration for payments under this 

section. 

(f) COORDINATION WITH SECRETARY OF EDUCATION.— 

(1) IN GENERAL.—The Secretary shall consult with the Secretary of Education regarding the administration of this section. 

(2) TRANSFER OF FUNDS.—The Secretary shall transfer to the 

Secretary of Education the funds necessary— 

(A) to pay interest and special allowances on student 

loans under this section (in accordance with sections 

428(o), 455(l), and 464(j) of the Higher Education Act of 

1965 (20 U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and 

(B) to reimburse the Secretary of Education for any reasonable administrative costs incurred by the Secretary in 

coordinating the program under this section with the administration of the student loan programs under parts B, 

D, and E of title IV of the Higher Education Act of 1965 

(20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.). 

(g) SPECIAL ALLOWANCE DEFINED.—In this section, the term ‘‘special allowance’’ means a special allowance that is payable under 

123 

section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087– 

1). 

SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE 

PROGRAM. 

(a) AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE.—For the purpose of maintaining adequate numbers of officers of the commissioned officer corps of the Administration on active duty, the Secretary may provide financial assistance to a person described in 

subsection (b) for expenses of the person while the person is pursuing on a full-time basis at an accredited educational institution 

(as determined by the Secretary of Education) a program of education approved by the Secretary that leads to— 

(1) a baccalaureate degree in not more than 5 academic years; 

or 

(2) a postbaccalaureate degree. 

(b) ELIGIBLE PERSONS.— 

(1) IN GENERAL.—A person is eligible to obtain financial assistance under subsection (a) if the person— 

(A) is enrolled on a full-time basis in a program of education referred to in subsection (a) at any educational institution described in such subsection; 

(B) meets all of the requirements for acceptance into the 

commissioned officer corps of the Administration except for 

the completion of a baccalaureate degree; and 

(C) enters into a written agreement with the Secretary described in paragraph (2). 

(2) AGREEMENT.—A written agreement referred to in paragraph (1)(C) is an agreement between the person and the Secretary in which the person— 

(A) agrees to accept an appointment as an officer, if tendered; and 

(B) upon completion of the person’s educational program, 

agrees to serve on active duty, immediately after appointment, for— 

(i) up to 3 years if the person received less than 3 

years of assistance; and 

(ii) up to 5 years if the person received at least 3 

years of assistance. 

(c) QUALIFYING EXPENSES.—Expenses for which financial assistance may be provided under subsection (a) are the following: 

(1) Tuition and fees charged by the educational institution involved. 

(2) The cost of books. 

(3) In the case of a program of education leading to a baccalaureate degree, laboratory expenses. 

(4) Such other expenses as the Secretary considers appropriate. 

(d) LIMITATION ON AMOUNT.—The Secretary shall prescribe the 

amount of financial assistance provided to a person under subsection (a), which may not exceed the amount specified in section 

2173(e)(2) of title 10, United States Code, for each year of obligated 

service that a person agrees to serve in an agreement described in 

subsection (b)(2). 

124 

(e) DURATION OF ASSISTANCE.—Financial assistance may be provided to a person under subsection (a) for not more than 5 consecutive academic years. 

(f) SUBSISTENCE ALLOWANCE.— 

(1) IN GENERAL.—A person who receives financial assistance 

under subsection (a) shall be entitled to a monthly subsistence 

allowance at a rate prescribed under paragraph (2) for the duration of the period for which the person receives such financial 

assistance. 

(2) DETERMINATION OF AMOUNT.—The Secretary shall prescribe monthly rates for subsistence allowance provided under 

paragraph (1), which shall be equal to the amount specified in 

section 2144(a) of title 10, United States Code. 

(g) INITIAL CLOTHING ALLOWANCE.— 

(1) TRAINING.—The Secretary may prescribe a sum which 

shall be credited to each person who receives financial assistance under subsection (a) to cover the cost of the person’s initial 

clothing and equipment issue. 

(2) APPOINTMENT.—Upon completion of the program of education for which a person receives financial assistance under 

subsection (a) and acceptance of appointment in the commissioned officer corps of the Administration, the person may be 

issued a subsequent clothing allowance equivalent to that normally provided to a newly appointed officer. 

(h) TERMINATION OF FINANCIAL ASSISTANCE.— 

(1) IN GENERAL.—The Secretary shall terminate the assistance provided to a person under this section if— 

(A) the Secretary accepts a request by the person to be released from an agreement described in subsection (b)(2); 

(B) the misconduct of the person results in a failure to 

complete the period of active duty required under the agreement; or 

(C) the person fails to fulfill any term or condition of the 

agreement. 

(2) REIMBURSEMENT.—The Secretary may require a person 

who receives assistance described in subsection (c), (f), or (g) 

under an agreement entered into under subsection (b)(1)(C) to 

reimburse the Secretary in an amount that bears the same ratio 

to the total costs of the assistance provided to that person as the 

unserved portion of active duty bears to the total period of active duty the officer agreed to serve under the agreement. 

(3) WAIVER.—The Secretary may waive the service obligation 

of a person through an agreement entered into under subsection 

(b)(1)(C) if the person— 

(A) becomes unqualified to serve on active duty in the 

commissioned officer corps of the Administration because of 

a circumstance not within the control of that person; or 

(B) is— 

(i) not physically qualified for appointment; and 

(ii) determined to be unqualified for service in the 

commissioned officer corps of the Administration because of a physical or medical condition that was not 

the result of the person’s own misconduct or grossly 

negligent conduct. 

125 

(4) OBLIGATION AS DEBT TO UNITED STATES.—An obligation to 

reimburse the Secretary imposed under paragraph (2) is, for all 

purposes, a debt owed to the United States. 

(5) DISCHARGE IN BANKRUPTCY.—A discharge in bankruptcy 

under title 11, United States Code, that is entered less than 5 

years after the termination of a written agreement entered into 

under subsection (b)(1)(C) does not discharge the person signing 

the agreement from a debt arising under such agreement or 

under paragraph (2). 

(i) REGULATIONS.—The Secretary may promulgate such regulations and orders as the Secretary considers appropriate to carry out 

this section. 

SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER 

CORPS AS EMPLOYMENT IN ADMINISTRATION FOR PURPOSES OF CERTAIN HIRING DECISIONS. 

(a) IN GENERAL.—In any case in which the Secretary accepts an 

application for a position of employment with the Administration 

and limits consideration of applications for such position to applications submitted by individuals serving in a career or career-conditional position in the competitive service within the Administration, 

the Secretary shall deem an officer who has served as an officer in 

the commissioned officer corps for at least 3 years to be serving in 

a career or career-conditional position in the competitive service 

within the Administration for purposes of such limitation. 

(b) CAREER APPOINTMENTS.—If the Secretary selects an application submitted by an officer described in subsection (a) for a position described in such subsection, the Secretary shall give such officer a career or career-conditional appointment in the competitive 

service, as appropriate. 

(c) COMPETITIVE SERVICE DEFINED.—In this section, the term 

‘‘competitive service’’ has the meaning given the term in section 2102 

of title 5, United States Code. 

HIGHER EDUCATION ACT OF 1965 

[20 U.S.C. 1001 et seq.] 

SEC. 428. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST 

COSTS. 

[20 U.S.C. 1078] 

* * * * * * * 

(o) øARMED FORCES STUDENT LOAN INTEREST PAYMENT PROGRAM¿ ARMED FORCES AND NOAA COMMISSIONED OFFICER CORPS

STUDENT LOAN INTEREST PAYMENT PROGRAMS.— 

(1) AUTHORITY.—Using funds received by transfer to the Secretary under section 2174 of title 10, United States Code, or 

section 268 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 for the payment of interest and any special allowance on a loan to a member of the Armed Forces or an officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration, respectively, that is made, insured, or guaranteed under 

this part, the Secretary shall pay the interest and special allowance on such loan as due for a period not in excess of 36 

consecutive months. The Secretary may not pay interest or any 

126 

special allowance on such a loan out of any funds other than 

funds that have been so transferred. 

(2) FORBEARANCE.—During the period in which the Secretary 

is making payments on a loan under paragraph (1), the lender 

shall grant the borrower forbearance in accordance with the 

guaranty agreement under subsection (c)(3)(A)(i)(IV). 

(3) SPECIAL ALLOWANCE DEFINED.—For the purposes of this 

subsection, the term ‘‘special allowance’’, means a special allowance that is payable with respect to a loan under section 

438. 

SEC. 455. TERMS AND CONDITIONS OF LOANS. 

[20 U.S.C. 1087e] 

* * * * * * * 

(l) øARMED FORCES STUDENT LOAN INTEREST PAYMENT PROGRAM¿ ARMED FORCES AND NOAA COMMISSIONED OFFICER CORPS

STUDENT LOAN INTEREST PAYMENT PROGRAMS.— 

(1) AUTHORITY.—Using funds received by transfer to the Secretary under section 2174 of title 10, United States Code, or 

section 268 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 for the payment of interest on a loan made under this part to a member 

of the Armed Forces or an officer in the commissioned officer 

corps of the National Oceanic and Atmospheric Administration, 

respectively, the Secretary shall pay the interest on the loan as 

due for a period not in excess of 36 consecutive months. The 

Secretary may not pay interest on such a loan out of any funds 

other than funds that have been so transferred. 

(2) FORBEARANCE.—During the period in which the Secretary 

is making payments on a loan under paragraph (1), the Secretary shall grant the borrower forbearance, in the form of a 

temporary cessation of all payments on the loan other than the 

payments of interest on the loan that are made under that 

paragraph. 

* * * * * * * 

SEC. 464. TERMS OF LOANS. 

[20 U.S.C. 1087dd] 

* * * * * * * 

(j) øARMED FORCES STUDENT LOAN INTEREST PAYMENT PROGRAM¿ ARMED FORCES AND NOAA COMMISSIONED OFFICER CORPS

STUDENT LOAN INTEREST PAYMENT PROGRAMS.— (1) AUTHORITY.—Using funds received by transfer to the Secretary under section 2174 of title 10, United States Code, or 

section 268 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 for the payment of interest on a loan made under this part to a member 

of the Armed Forces or an officer in the commissioned officer 

corps of the National Oceanic and Atmospheric Administration, 

respectively, the Secretary shall pay the interest on the loan as 

due for a period not in excess of 36 consecutive months. The 

Secretary may not pay interest on such a loan out of any funds 

other than funds that have been so transferred. 

127 

(2) FORBEARANCE.—During the period in which the Secretary 

is making payments on a loan under paragraph (1), the institution of higher education shall grant the borrower forbearance 

in accordance with subsection (e)(1)(C). 

* * * * * * * 

HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF 1998 

[33 U.S.C. 892 et seq.] 

SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 

[33 U.S.C. 892d] 

øThere are¿ 

(a) IN GENERAL.—There are authorized to be appropriated to the 

Administrator the following: 

(1) To carry out nautical mapping and charting functions 

under sections 304 and 305, except for conducting hydrographic øsurveys—¿ 

ø(A) $55,000,000 for fiscal year 2009; 

ø(B) $56,000,000 for fiscal year 2010; 

ø(C) $57,000,000 for fiscal year 2011; and¿ 

ø(D) $58,000,000 for fiscal year 2012.¿ surveys, $70,814,000 for each of fiscal years 2017 through 2021. 

(2) To contract for hydrographic surveys under section 

304(b)(1), including the leasing or time chartering of øvessels— 

¿ 

ø(A) $32,130,000 for fiscal year 2009; 

ø(B) $32,760,000 for fiscal year 2010; 

ø(C) $33,390,000 for fiscal year 2011; and¿ 

ø(D) $34,020,000 for fiscal year 2012.¿ vessels, 

$25,000,000 for each of fiscal years 2017 through 2021. 

(3) To operate hydrographic survey vessels owned by the 

United States and operated by the øAdministration—¿ 

ø(A) $25,900,000 for fiscal year 2009; 

ø(B) $26,400,000 for fiscal year 2010; 

ø(C) $26,900,000 for fiscal year 2011; and¿ 

ø(D) $27,400,000 for fiscal year 2012.¿ Administration, 

$29,932,000 for each of fiscal years 2017 through 2021. 

(4) To carry out geodetic functions under this øtitle—¿ 

ø(A) $32,640,000 for fiscal year 2009; 

ø(B) $33,280,000 for fiscal year 2010; 

ø(C) $33,920,000 for fiscal year 2011; and¿ 

ø(D) $34,560,000 for fiscal year 2012.¿ title, $26,800,000 

for each of fiscal years 2017 through 2021. 

(5) To carry out tide and current measurement functions 

under this øtitle—¿ 

ø(A) $27,000,000 for fiscal year 2009; 

ø(B) $27,500,000 for fiscal year 2010; 

ø(C) $28,000,000 for fiscal year 2011; and¿ 

ø(D) $28,500,000 for fiscal year 2012.¿ title, $30,564,000 

for each of fiscal years 2017 through 2021. 

(6) To acquire a replacement hydrographic survey vessel capable of staying at sea continuously for at least 30 days 

$75,000,000. 

(b) ARCTIC PROGRAMS.—Of the amount authorized by this section 

for each fiscal year— 

128 

(1) $10,000,000 is authorized for use— 

(A) to acquire hydrographic data; 

(B) to provide hydrographic services; 

(C) to conduct coastal change analyses necessary to ensure safe navigation; 

(D) to improve the management of coastal change in the 

Arctic; and 

(E) to reduce risks of harm to Alaska Native subsistence 

and coastal communities associated with increased international maritime traffic; and (2) $2,000,000 is authorized for use to acquire hydrographic 

data and provide hydrographic services in the Arctic necessary 

to delineate the United States extended Continental Shelf. 

(c) LIMITATION ON ADMINISTRATIVE EXPENSES FOR SURVEYS.—Of 

amounts authorized by this section for each fiscal year for contract 

hydrographic surveys, not more than 5 percent is authorized for administrative costs associated with contract management. 

Æ