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[Senate Report 115-89]
[From the U.S. Government Publishing Office]

							Calendar No. 112

115th Congress}                                            { Report
                                 SENATE
 1st Session  }                                            { 115-89

======================================================================

                 COAST GUARD AUTHORIZATION ACT OF 2017

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1129

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                  June 5, 2017.--Ordered to be printed
                  
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     ONE HUNDRED FIFTEENTH CONGRESS
                             FIRST SESSION

                   JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi         BILL NELSON, Florida
ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska                RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska                 EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada                  CORY A. BOOKER, New Jersey
JAMES M. INHOFE, Oklahoma            TOM UDALL, New Mexico
MIKE LEE, Utah                       GARY C. PETERS, Michigan
RON JOHNSON, Wisconsin               TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
CORY GARDNER, Colorado               MARGARET WOOD HASSAN,
TODD C. YOUNG, Indiana                 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 Homeland 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 active-
duty 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        FY 18            FY 19
                               Enacted   Authorization    Authorization
------------------------------------------------------------------------
Operating Expenses              $7,079           $7,300           $7,592
------------------------------------------------------------------------
Acquisitions, Construction,     $1,370           $1,986           $2,027
 & Improvements
------------------------------------------------------------------------
Environmental Compliance &       $13.3            $17.1            $17.4
 Restoration
------------------------------------------------------------------------
Reserve Training                  $112             $143             $146
------------------------------------------------------------------------
Research, Development, Test,     $36.3            $20.3            $20.7
 & Evaluation
------------------------------------------------------------------------

------------------------------------------------------------------------
                                FY 17        FY 18            FY 19
                               Enacted   Authorization    Authorization
------------------------------------------------------------------------
Number of Active Duty           43,000           43,000           43,000
 Personnel Authorized
------------------------------------------------------------------------

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.

---------------------------------------------------------------------------
    \1\U.S. Coast Guard (USCG), Western Hemisphere Strategy.
    \2\Homeland Security Act of 2002, H.R. 5005, 2002, 107th Congress, 
U.S.C. Sec. 888.
    \3\USCG, ``Patrol Forces Southwest Asia,'' 12/21/2016, at https://
www.uscg.mil/lantarea/PATSFORSWA/default.asp.
    \4\The 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).
---------------------------------------------------------------------------

                         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.
           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 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-as-you-go procedures apply.
    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.
    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 SPENDINGa
 
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.
aCBO 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 authorized 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 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 active-duty 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 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 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 engine 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 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.

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.

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.

                       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.

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 out-of-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.

                      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.

                        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 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.

                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.

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.

                     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.

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 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.
    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.

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):

             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

Sec. 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 [or 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

Sec. 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 [armed forces]  uniformed 
        services.
          (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 [armed forces]  
        uniformed services, including reserve members when not 
        in a duty status, who are designated by regulations of 
        the [armed 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.

Sec. 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 [armed 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.

Sec. 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 [armed forces]  
        uniformed services and the families of such members, 
        including the following programs:
                  (A) Family support programs.
                  (B) Child development and youth services 
                programs.
                  (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 Families.--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.

Sec. 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 [other 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;
                  (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

Sec. 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, 
        [including the fulfillment of Maritime Defense Zone 
        command responsibilities] and at all times assist in 
        the defense of the United States.

                         TITLE 14. COAST GUARD

                      PART I. REGULAR COAST GUARD

                    CHAPTER 5. FUNCTIONS AND POWERS

Sec. 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.
  [(b) Limitation on Expenditures.--
          [(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.
          [(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.

                         TITLE 14. COAST GUARD

                      PART I. REGULAR COAST GUARD

               CHAPTER 7. COOPERATION WITH OTHER AGENCIES

Sec. 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

Sec. 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 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 [six-
        tenths] one-half.
  (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

Sec. 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 [President] 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

Sec. 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.

                         TITLE 14. COAST GUARD

                      PART I. REGULAR COAST GUARD

                CHAPTER 11. PERSONNEL GENERAL PROVISIONS

Sec. 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.

Sec. 431. Leave policies for the Coast Guard

  [Not 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

[Sec. 482. Clothing at time of discharge for good of service

  [Enlisted 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.]

                         TITLE 14. COAST GUARD

                      PART I. REGULAR COAST GUARD

                        CHAPTER 15. ACQUISITIONS

                    SUBCHAPTER I. GENERAL PROVISIONS

Sec. 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.

Sec. 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

Sec. 658. Confidential investigative expenses

  Not more than [$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.

Sec. 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.

Sec. 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 
Information.--
          (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 report 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

[Sec. 2702. Authorization of appropriations

  [Funds are authorized to be appropriated for each of fiscal 
years 2016 and 2017 for necessary expenses of the Coast Guard 
as follows:
          [(1) For the operation and maintenance of the Coast 
        Guard, not otherwise provided for--
                  [(A) $6,981,036,000 for fiscal year 2016; and
                  [(B) $6,986,815,000 for fiscal year 2017.
          [(2) For the acquisition, construction, renovation, 
        and improvement of aids to navigation, shore 
        facilities, vessels, and aircraft, including equipment 
        related thereto, and for maintenance, rehabilitation, 
        lease, and operation of facilities and equipment--
                  [(A) $1,945,000,000 for fiscal year 2016; and
                  [(B) $1,945,000,000 for fiscal year 2017.
          [(3) For the Coast Guard Reserve program, including 
        operations and maintenance of the program, personnel 
        and training costs, equipment, and services--
                  [(A) $140,016,000 for fiscal year 2016; and
                  [(B) $134,237,000 for fiscal year 2017.
          [(4) For the environmental compliance and restoration 
        functions of the Coast Guard under chapter 19 of this 
        title--
                  [(A) $16,701,000 for fiscal year 2016; and
                  [(B) $16,701,000 for fiscal year 2017.
          [(5) To the Commandant of the Coast Guard for 
        research, development, test, and evaluation of 
        technologies, materials, and human factors directly 
        related to improving the performance of the Coast 
        Guard's mission with respect to search and rescue, aids 
        to navigation, marine safety, marine environmental 
        protection, enforcement of laws and treaties, ice 
        operations, oceanographic research, and defense 
        readiness, and for maintenance, rehabilitation, lease, 
        and operation of facilities and equipment--
                  [(A) $19,890,000 for fiscal year 2016; and
                  [(B) $19,890,000 for fiscal year 2017.]

Sec. 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.

[Sec. 2704. Authorized levels of military strength and training

  [(a) Active Duty Strength.--The Coast Guard is authorized an 
end-of-year strength for active duty personnel of 43,000 for 
each of fiscal years 2016 and 2017.
  [(b) Military Training Student Loads.--The Coast Guard is 
authorized average military training student loads for each of 
fiscal years 2016 and 2017 as follows:
          [(1) For recruit and special training, 2,500 student 
        years.
          [(2) For flight training, 165 student years.
          [(3) For professional training in military and 
        civilian institutions, 350 student years.
          [(4) For officer acquisition, 1,200 student years.]

Sec. 2704. Authorized levels of military strength and training

  (a) Active Duty Strength.--The Coast Guard is authorized an 
end-of-year strength for active duty personnel of 43,000 for 
each of fiscal years 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

Sec. 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 [Service 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

Sec. 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

Sec. 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--
          (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

Sec. 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;
                  (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.

Sec. 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

Sec. 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 
construction, 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

[Sec. 303. Record of meetings and votes

  [The 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.]

Sec. 303. Meetings

  (a) In General.--The Federal Maritime Commission shall be 
deemed to be an agency for purposes of section 552b of title 5.
  (b) Record.--The Commission, through its secretary, shall 
keep a record of its meetings and the votes taken on any 
action, order, contract, or financial transaction of the 
Commission.
  (c) Nonpublic Collaborative Discussions.--
          (1) In general.--Notwithstanding section 552b of 
        title 5, a majority of the Commissioners may hold a 
        meeting that is not open to public observation to 
        discuss official agency business if--
                  (A) no formal or informal vote or other 
                official agency action is taken at the meeting;
                  (B) each individual present at the meeting is 
                a Commissioner or an employee of the 
                Commission; 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.
          (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.

Sec. 308. Authorization of appropriations

  There is authorized to be appropriated to the Federal 
Maritime Commission [$24,700,000 for each of fiscal years 2016 
and 2017] $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

Sec. 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.
  (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.

Sec. 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 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.
                  (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.

Sec. 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, including 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--
                                  (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.
                  (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.

Sec. 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 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
          (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.

Sec. 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.
                          (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.
                          (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.

Sec. 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 matters 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 able-bodied 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.
                  (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--
                          (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.

Sec. 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.--
                          (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.

Sec. 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:
                          (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.
                          (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.

Sec. 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:
                          (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 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.

Sec. 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.
                          (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.--
                          (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.

Sec. 711. Navigation Safety Advisory Council

  (a) Establishment.--There is established a Navigation Safety 
Advisory Council (referred to in this section as the 
``Council'').
  (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.
                          (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.

Sec. 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
                          (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.--
                          (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

Sec. 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;
          (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 [13110] 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

Sec. 3104. Survival craft

  (a) Requirement to Equip.--The Secretary shall require that a 
passenger vessel be equipped with survival craft that ensures 
that no part of an individual is immersed in water, if--
          (1) such vessel is built or undergoes a major 
        conversion after January 1, 2016; and
          (2) operates in cold waters as determined by the 
        Secretary.
  (b) Higher Standard of Safety.--The Secretary may revise part 
117 or part 180 of title 46, Code of Federal Regulations, as in 
effect before January 1, 2016, if such revision provides a 
higher standard of safety than is provided by the regulations 
in effect on or before the date of the enactment of the Coast 
Guard Authorization Act of 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.
          (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.
  [(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

Sec. 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;
          [(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
          [(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 complete 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 [2015 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 [2015 through 2017] 2015 through 
        2019 for activities under this subsection.

Sec. 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 [79] 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) [After 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 [establishes standards 
        for an alternate safety compliance program, shall 
        comply with such an alternative safety compliance 
        program that is developed in cooperation with the 
        commercial fishing industry and prescribed by the 
        Secretary] prescribes an alternate safety compliance 
        program under paragraph (1), shall comply with the 
        alternate safety compliance program.
          [(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 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.
  [(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.

Sec. 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 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 
        [4503(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.

[Sec. 4508. Commercial fishing safety advisory committee

  [(a) The Secretary shall establish a Commercial Fishing 
Safety Advisory Committee. The Committee--
          [(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;
          [(2) may review proposed regulations under this 
        chapter;
          [(3) may make available to Congress any information, 
        advice, and recommendations that the Committee is 
        authorized to give to the Secretary; and
          [(4) shall meet at the call of the Secretary, who 
        shall call such a meeting at least once during each 
        calendar year.
  [(b)(1) The Committee shall consist of eighteen members with 
particular expertise, knowledge, and experience regarding the 
commercial fishing industry as follows:
                  [(A) ten members who shall represent the 
                commercial fishing industry and who--
                          [(i) reflect a regional and 
                        representational balance; and
                          [(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;
                  [(B) three members who shall represent the 
                general public, including, whenever possible--
                          [(i) an independent expert or 
                        consultant in maritime safety;
                          [(ii) a marine surveyor who provides 
                        services to vessels to which this 
                        chapter applies; and
                          [(iii) a person familiar with issues 
                        affecting fishing communities and 
                        families of fishermen;
                  [(C) one member each of whom shall 
                represent--
                          [(i) naval architects and marine 
                        engineers;
                          [(ii) manufacturers of equipment for 
                        vessels to which this chapter applies;
                          [(iii) education or training 
                        professionals related to fishing 
                        vessel, fish processing vessel, or fish 
                        tender vessel safety or personnel 
                        qualifications;
                          [(iv) underwriters that insure 
                        vessels to which this chapter applies; 
                        and
                          [(v) owners of vessels to which this 
                        chapter applies.
          [(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, 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.
          [(3)(A) A member of the Committee shall serve a term 
        of three years.
                  [(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.
          [(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.
          [(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.).
  [(c)
          [(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.
          [(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.
  [(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--
                  [(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
                  [(B) travel or transportation expenses under 
                section 5703 of title 5.
          [(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.
          [(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.
          [(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.
  [(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.
          [(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

Sec. 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 [merchant mariner's 
document] license, whichever is later.

Sec. 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 
[merchant mariner's document] certificate of registry, 
whichever is later.

[Sec. 7115. Merchant mariner medical advisory committee

  [(a) Establishment.--
          [(1) In general.--There is established a Merchant 
        Mariner Medical Advisory Committee (in this section 
        referred to as the ``Committee'').
          [(2) Functions.--The Committee shall advise the 
        Secretary on matters relating to--
                  [(A) medical certification determinations for 
                issuance of licences, certificates of registry, 
                and merchant mariners' documents;
                  [(B) medical standards and guidelines for the 
                physical qualifications of operators of 
                commercial vessels;
                  [(C) medical examiner education; and
                  [(D) medical research.
  [(b) Membership.--
          [(1) In general.--The Committee shall consist of 14 
        members, none of whom is a Federal employee, and shall 
        include--
                  [(A) ten who are health-care professionals 
                with particular expertise, knowledge, or 
                experience regarding the medical examinations 
                of merchant mariners or occupational medicine; 
                and
                  [(B) four who are professional mariners with 
                knowledge and experience in mariner 
                occupational requirements.
          [(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.
  [(c) Appointments; Terms; Vacancies.--
          [(1) Appointments.--The Secretary shall appoint the 
        members of the Committee, and each member shall serve 
        at the pleasure of the Secretary.
          [(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.
          [(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.
  [(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.
  [(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.
  [(f) Staff; Services.--The Secretary shall furnish to the 
Committee the personnel and services as are considered 
necessary for the conduct of its business.]

                           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

Sec. 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 [licenses 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 [a 
        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.

                           TITLE 46. SHIPPING

                    SUBTITLE II. VESSELS AND SEAMEN

                       PART F. MANNING OF VESSELS

                          CHAPTER 81. GENERAL

[Sec. 8108. Merchant marine personnel advisory committee

  [(a) Establishment.--The Secretary shall establish a Merchant 
Marine Personnel Advisory Committee (in this section referred 
to as ``the Committee''). The Committee--
          [(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;
          [(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;
          [(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;
          [(4) shall advise, consult with, and make 
        recommendations reflecting its independent judgment to 
        the Secretary;
          [(5) shall meet not less than twice each year; and
          [(6) may make available to Congress recommendations 
        that the Committee makes to the Secretary.
  [(b) Membership.--
          [(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.
          [(2) Required members.--Subject to paragraph (3), the 
        Secretary shall appoint as members of the Committee--
                  [(A) 9 United States citizens with active 
                licenses or certificates issued under chapter 
                71 or merchant mariner documents issued under 
                chapter 73, including--
                          [(i) 3 deck officers who represent 
                        the viewpoint of merchant marine deck 
                        officers, of whom--
                                  [(I) 2 shall be licensed for 
                                oceans any gross tons;
                                  [(II) 1 shall be licensed for 
                                inland river route with a 
                                limited or unlimited tonnage;
                                  [(III) 2 shall have a 
                                master's license or a master of 
                                towing vessels license;
                                  [(IV) 1 shall have 
                                significant tanker experience; 
                                and
                                  [(V) to the extent 
                                practicable--
                                          [(aa) 1 shall 
                                        represent the viewpoint 
                                        of labor; and
                                          [(bb) another shall 
                                        represent a management 
                                        perspective;
                          [(ii) 3 engineering officers who 
                        represent the viewpoint of merchant 
                        marine engineering officers, of whom--
                                  [(I) 2 shall be licensed as 
                                chief engineer any horsepower;
                                  [(II) 1 shall be licensed as 
                                either a limited chief engineer 
                                or a designated duty engineer; 
                                and
                                  [(III) to the extent 
                                practicable--
                                          [(aa) 1 shall 
                                        represent a labor 
                                        viewpoint; and
                                          [(bb) another shall 
                                        represent a management 
                                        perspective;
                          [(iii) 2 unlicensed seamen, of whom--
                                  [(I) 1 shall represent the 
                                viewpoint of able-bodied 
                                seamen; and
                                  [(II) another shall represent 
                                the viewpoint of qualified 
                                members of the engine 
                                department; and
                          [(iv) 1 pilot who represents the 
                        viewpoint of merchant marine pilots;
                  [(B) 6 marine educators, including--
                          [(i) 3 marine educators who represent 
                        the viewpoint of maritime academies, 
                        including--
                                  [(I) 2 who represent the 
                                viewpoint of State maritime 
                                academies and are jointly 
                                recommended by such State 
                                maritime academies; and
                                  [(II) 1 who represents either 
                                the viewpoint of the State 
                                maritime academies or the 
                                United States Merchant Marine 
                                Academy; and
                          [(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;
                  [(C) 2 individuals who represent the 
                viewpoint of shipping companies employed in 
                ship operation management; and
                  [(D) 2 members who are appointed from the 
                general public.
          [(3) Consultation.--The Secretary shall consult with 
        the Secretary of Transportation in making an 
        appointment under paragraph (2)(B)(i)(II).
  [(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.
  [(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.
  [(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

[Sec. 9307. Great Lakes pilotage advisory committee

  [(a) The Secretary shall establish a Great Lakes Pilotage 
Advisory Committee. The Committee--
          [(1) may review proposed Great Lakes pilotage 
        regulations and policies and make recommendations to 
        the Secretary that the Committee considers appropriate;
          [(2) may advise, consult with, report to, and make 
        recommendations to the Secretary on matters relating to 
        Great Lakes pilotage;
          [(3) may make available to the Congress 
        recommendations that the Committee makes to the 
        Secretary; and
          [(4) shall meet at the call of--
                  [(A) the Secretary, who shall call such a 
                meeting at least once during each calendar 
                year; or
                  [(B) a majority of the Committee.
  [(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.
          [(2) 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) one member representing the interests of 
                vessel operators that contract for Great Lakes 
                pilotage services;
                  [(C) one member representing the interests of 
                Great Lakes ports;
                  [(D) one 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) 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.
          [(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.).
  [(d)(1) The Secretary shall, whenever practicable, consult 
with the Committee before taking any significant action 
relating to Great Lakes pilotage.
          [(2) The Secretary shall consider the information, 
        advice, and recommendations of the Committee in 
        formulating policy regarding matters affecting Great 
        Lakes pilotage.
          [(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.
  [(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--
                  [(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
                  [(B) travel or transportation expenses under 
                section 5703 of title 5, United States Code.
          [(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.
  [(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.
          [(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

Sec. 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 [may 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--
                                  (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 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).
          [(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 (including 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

Sec. 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 [an 
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 [log 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.
          [(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

Sec. 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 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 
        certain aquaculture support operations.--
        Notwithstanding section 12113 and any other law, the 
        [Secretary 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

Sec. 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 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.
                          (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

Sec. 12301. Numbering vessels

  [(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.
  [(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

[Sec. 13110. National boating safety advisory council

  [(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.
  [(b)(1) The membership of the Council shall consist of--
                  [(A) 7 representatives of State officials 
                responsible for State boating safety programs;
                  [(B) 7 representatives of recreational vessel 
                manufacturers and associated equipment 
                manufacturers; and
                  [(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.
          [(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.
          [(3) At least once a year, the Secretary shall 
        publish a notice in the Federal Register soliciting 
        nominations for membership on the Council.
  [(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.
  [(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.
  [(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

Sec. 40104. Reports filed with the commission

  [(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.

                           TITLE 46. SHIPPING

               SUBTITLE IV. REGULATION OF OCEAN SHIPPING

                         PART A. OCEAN SHIPPING

                        CHAPTER 403. AGREEMENTS

Sec. 40304. Commission action

  [(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 [section] 
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.

Sec. 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

Sec. 40901. License requirement

  (a) In General.--A person in the United States may not [act] 
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.

Sec. 40902. Financial responsibility

  (a) In General.--A person may not [act] 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.
  (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

Sec. 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 
                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 [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
          (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.

Sec. 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 common carrier not a member of 
        the conference, a group of common carriers, an ocean 
        tramp, or a bulk carrier;
          (4) negotiate with a [non-ocean carrier] tug 
        operator, non-ocean 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

Sec. 70112. [Maritime Security Advisory Committees] Area Maritime 
                    Security Advisory Committees

  [(a) Establishment of Committees.--
          [(1) The Secretary shall establish a National 
        Maritime Security Advisory Committee. The Committee--
                  [(A) may advise, consult with, report to, and 
                make recommendations to the Secretary on 
                matters relating to national maritime security 
                matters;
                  [(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.
          [(2)(A) The Secretary may--
                          [(i) establish an Area Maritime 
                        Security Advisory Committee for any 
                        port area of the United States; and
                          [(ii) request such a committee to 
                        review the proposed Area Maritime 
                        Transportation Security Plan developed 
                        under section 70103(b) and make 
                        recommendations to the Secretary that 
                        the Committee considers appropriate.
                  [(B) A committee established under this 
                paragraph for an area--
                          [(i) may advise, consult with, report 
                        to, and make recommendations to the 
                        Secretary on matters relating to 
                        maritime security in that area;
                          [(ii) may make available to the 
                        Congress recommendations that the 
                        committee makes to the Secretary; and
                          [(iii) shall meet at the call of--
                                  [(I) the Secretary, who shall 
                                call such a meeting at least 
                                once during each calendar year; 
                                or
                                  [(II) a majority of the 
                                committee.]
  (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 [of 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 
        [such a committee] an Area Security Advisory Committee, 
        the Secretary shall publish a notice in the Federal 
        Register soliciting nominations for membership on [the 
        committee] an Area Maritime Security Advisory 
        Committee.
          (4) The Secretary may require an individual to have 
        passed an appropriate security background examination 
        before appointment to [the Committee] an Area Maritime 
        Security Advisory Committee.
          (5)[(A) The National Maritime Security Advisory 
        Committee shall be composed of--]
                          [(i) at least 1 individual who 
                        represents the interests of the port 
                        authorities;
                          [(ii) at least 1 individual who 
                        represents the interests of the 
                        facilities owners or operators;
                          [(iii) at least 1 individual who 
                        represents the interests of the 
                        terminal owners or operators;
                          [(iv) at least 1 individual who 
                        represents the interests of the vessel 
                        owners or operators;
                          [(v) at least 1 individual who 
                        represents the interests of the 
                        maritime labor organizations;
                          [(vi) at least 1 individual who 
                        represents the interests of the 
                        academic community;
                          [(vii) at least 1 individual who 
                        represents the interests of State or 
                        local governments; and
                          [(viii) at least 1 individual who 
                        represents the interests of the 
                        maritime industry.]
                  [(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 [committee] 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.
  [(d) Observers.--
          [(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.
          [(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.).]
  [(e)](d) Consideration of Views.--The Secretary shall 
consider the information, advice, and recommendations of [the 
Committee] an Area Maritime Security Advisory Committee in 
formulating policy regarding matters affecting maritime 
security[.] for an area.
  [(f)](e) Compensation and Expenses.--
          (1) A member of [a 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.
          (2) A member of [such 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.
  [(f) FACA; Termination.--
          [(1) The Federal Advisory Committee Act (5 U.S.C. 
        App.)--
                  [(A) applies to the National Maritime 
                Security Advisory Committee established under 
                this section, except that such committee 
                terminates on September 30, 2020; and
                  [(B) does not apply to Area Maritime Security 
                Advisory Committees established under this 
                section.
          [(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 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; 
Assessment, 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 Schedules.--
Notwithstanding section 553 of title 5, United States Code, 
whenever a temporary change to the operating schedule of a 
drawbridge, lasting 180 days or less--
          (1) is approved--
                  (A) the Secretary of the department in which 
                the Coast Guard is operating shall--
                          (i) issue a deviation approval letter 
                        to the bridge owner; and
                          (ii) announce the temporary change 
                        in--
                                  (I) the Local Notice to 
                                Mariners;
                                  (II) 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--
                          (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.

[ACT TO ESTABLISH A TOWING SAFETY ADVISORY COMMITTEE IN THE DEPARTMENT 
                           OF TRANSPORTATION

[TOWING SAFETY ADVISORY COMMITTEE.

                           [33 U.S.C. 1231a]

  [(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:
          [(1) Seven members representing the barge and towing 
        industry, reflecting a regional geographic balance.
          [(2) One member representing the offshore mineral and 
        oil supply vessel industry.
          [(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.
          [(4) One member representing the holders of active 
        licensed Masters of towing vessels in offshore service.
          [(5) One member representing Masters who are active 
        ship-docking or harbor towing vessel.
          [(6) One member representing licensed or unlicensed 
        towing vessel engineers with formal training and 
        experience.
          [(7) Two members representing each of the following 
        groups:
                  [(A) Port districts, authorities, or terminal 
                operators.
                  [(B) Shippers (of whom at least one shall be 
                engaged in the shipment of oil or hazardous 
                materials by barge).
          [(8) Two members representing the general public.
  [(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.
  [(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.
  [(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.
  [(e) Termination.--Unless extended by subsequent Act of 
Congress, the Committee shall terminate on September 30, 2020.]

                 INLAND NAVIGATIONAL RULES ACT OF 1980

                   [Public Law 96-591; 94 Stat. 3434]

[SEC. 5. NAVIGATION SAFETY ADVISORY COUNCIL.

                            [33 U.S.C. 2073]

  [(a) Establishment of Council.--
          [(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:
                  [(A) Commercial vessel owners or operators.
                  [(B) Professional mariners.
                  [(C) Recreational boaters.
                  [(D) The recreational boating industry.
                  [(E) State agencies responsible for vessel or 
                port safety.
                  [(F) The Maritime Law Association.
          [(2) Panels.--Additional persons may be appointed to 
        panels of the Council to assist the Council in 
        performance of its functions.
          [(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.
  [(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.
  [(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.
  [(d) Termination of Council.--Unless extended by subsequent 
Act of Congress, the Council shall terminate on September 30, 
2020.]

                 COAST GUARD AUTHORIZATION ACT OF 1991

                  [Public Law 102-241; 105 Stat. 2213]

[SEC. 18. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.

  [(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.
          [(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.).
  [(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:
          [(1) Two members who are employed by the Port of 
        Houston Authority or have been selected by that entity 
        to represent them.
          [(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.
          [(3) Two members from organizations that represent 
        shipowners, stevedores, shipyards, or shipping 
        organizations domiciled in the State of Texas.
          [(4) Two members representing organizations that 
        operate tugs or barges that utilize the port facilities 
        at Galveston, Houston, and Texas City Port Complex.
          [(5) Two members representing shipping companies that 
        transport cargo from the Ports of Galveston and Houston 
        on liners, break bulk, or tramp steamer vessels.
          [(6) Two members representing those who pilot or 
        command vessels that utilize the Ports of Galveston and 
        Houston.
          [(7) Two at-large members who may represent a 
        particular interest group but who utilize the port 
        facilities at Galveston, Houston, and Texas City.
          [(8) One member representing labor organizations 
        which load and unload cargo at the Ports of Galveston 
        and Houston.
          [(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.
          [(10) One member representing environmental 
        interests.
          [(11) One member representing the general public.
  [(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.
  [(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.
  [(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.
  [(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.
  [(g) The term of members of the Committee shall begin on 
October 1, 1992.]

[SEC. 19. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.

  [(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.
          [(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.).
  [(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:
          [(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.
          [(2) Two members representing vessel owners or ship 
        owners domiciled in the State of Louisiana.
          [(3) Two members representing organizations which 
        operate harbor tugs or barge fleets in the geographical 
        area covered by the Committee.
          [(4) Two members representing companies which 
        transport cargo or passengers on the navigable 
        waterways in the geographical area covered by the 
        Committee.
          [(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.
          [(6) Two at-large members who utilize water 
        transportation facilities located in the geographical 
        area covered by the Committee.
          [(7) Three members representing consumers, shippers, 
        or importers/exporters that utilize vessels which 
        utilize the navigable waterways covered by the 
        Committee.
          [(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.
          [(9) One member representing an organization that 
        serves in a consulting or advisory capacity to the 
        maritime industry.
          [(10) One member representing an environmental 
        organization.
          [(11) One member representing the general public.
  [(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.
  [(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.
  [(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.
  [(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, including per diem in lieu of 
subsistence, as authorized by section 5703 of title 5, United 
States Code.]

[SEC. 27. SHIP SHOAL LIGHTHOUSE TRANSFER.

  [Notwithstanding 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 [section 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 maritime 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]

[SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

  [(a) In General.--For purposes of sections 3304, 5333, and 
5753 of title 5, United States Code, 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 sections to recruit 
        and appoint highly qualified persons directly to 
        positions so designated.
  [(b) Limitation.--The Commandant may not appoint a person to 
a position of employment under this paragraph after September 
30, 2012.
  [(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.
          (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;
                  (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 vessels[; and].
                  [(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) * * *

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).
          [(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).
          [(5)](6) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.
          [(6)](7) Administration.--The term ``Administration'' 
        means the National Oceanic and Atmospheric 
        Administration.

[SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.

                            [33 U.S.C. 3004]

  [(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:
          [(1) 8 in the grade of captain.
          [(2) 14 in the grade of commander.
          [(3) 19 in the grade of lieutenant commander.
          [(4) 23 in the grade of lieutenant.
          [(5) 18 in the grade of lieutenant (junior grade).
          [(6) 18 in the grade of ensign.
  [(b) Computation of Number in Grade.--
          [(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.
          [(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.
  [(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.
  [(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.
  [(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.
  (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]

  [Effective]
   (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 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.

[SEC. 221. ORIGINAL APPOINTMENTS.

                            [33 U.S.C. 3021]

  [(a) In General.--
          [(1) Grades.--Original appointments may be made in 
        the grades of ensign, lieutenant (junior grade), and 
        lieutenant.
          [(2) Qualifications.--Under regulations prescribed by 
        the Secretary, such an appointment may be given only to 
        a person who--
                  [(A) meets the qualification requirements 
                specified in paragraphs (1) through (4) of 
                section 532(a) of title 10, United States Code; 
                and
                  [(B) has such other special qualifications as 
                the Secretary may prescribe by regulation.
          [(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.
          [(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.
  [(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.
  [(c) Service Credit Upon Original Appointment in Grade Above 
Ensign.--
          [(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.
          [(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 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 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.

[SEC. 222. PERSONNEL BOARDS.

                            [33 U.S.C. 3022]

  [(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.
  [(b) Duties.--Each personnel board shall--
          [(1) recommend to the Secretary such changes in the 
        lineal list as the board may determine; and
          [(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.
  [(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 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]

  [Appointments]
   (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 
[Director] Assistant Administrator of the Office of Marine and 
Aviation Operations.

           *       *       *       *       *       *       *

[SEC. 229. TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY.

                            [33 U.S.C. 3029]

  [(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.
  [(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.
  [(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 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.
  (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.

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.
          [(4)] (9) Section 1035, relating to deposits of 
        savings.
          [(5)] (10) Section 1036, relating to transportation 
        and travel allowances for escorts for dependents of 
        members.
          [(6)] (11) Section 1052, relating to reimbursement 
        for adoption expenses.
          [(11)](12) Section 1074n, relating to annual mental 
        health assessments.
          [(12)](13) Section 1090a, relating to referrals for 
        mental health evaluations.
          [(13)](14) Chapter 58, relating to the Benefits and 
        Services for members being separated or recently 
        separated.
          [(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).
          [(8)](16) Chapter 61, relating to retirement or 
        separation for physical disability.
          [(9)](17) Chapter 69, relating to retired grade, 
        except sections 1370, 1375, and 1376.
          [(10)](18) Chapter 71, relating to computation of 
        retired pay.
          [(11)](19) Chapter 73, relating to annuities based on 
        retired or retainer pay.
          [(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.
          [(13)](23) Section 2634, relating to transportation 
        of motor vehicles for members on permanent change of 
        station.
          [(14)](24) Sections 2731 and 2735, relating to 
        property loss incident to service.
          [(15)](25) Section 2771, relating to final settlement 
        of accounts of deceased members.
          [(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);
          (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 
        regulations.--
                  (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 subsection (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 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).
  (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.
          (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) [Armed 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 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) [Armed 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) [Armed 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 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]

  [There 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 [surveys--]
                  [(A) $55,000,000 for fiscal year 2009;
                  [(B) $56,000,000 for fiscal year 2010;
                  [(C) $57,000,000 for fiscal year 2011; and]
                  [(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 [vessels--]
                  [(A) $32,130,000 for fiscal year 2009;
                  [(B) $32,760,000 for fiscal year 2010;
                  [(C) $33,390,000 for fiscal year 2011; and]
                  [(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 [Administration--
        ]
                  [(A) $25,900,000 for fiscal year 2009;
                  [(B) $26,400,000 for fiscal year 2010;
                  [(C) $26,900,000 for fiscal year 2011; and]
                  [(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 
        [title--]
                  [(A) $32,640,000 for fiscal year 2009;
                  [(B) $33,280,000 for fiscal year 2010;
                  [(C) $33,920,000 for fiscal year 2011; and]
                  [(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 [title--]
                  [(A) $27,000,000 for fiscal year 2009;
                  [(B) $27,500,000 for fiscal year 2010;
                  [(C) $28,000,000 for fiscal year 2011; and]
                  [(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--
          (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.

                                  [all]
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