69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–194 

COAST GUARD AUTHORIZATION ACT OF 2017 

JUNE 26, 2017.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. SHUSTER, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 2518] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 2518) to authorize appropriations for the 

Coast Guard for fiscal years 2018 and 2019, and for other purposes, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Purpose of Legislation ............................................................................................. 25 

Background and Need for Legislation .................................................................... 25 

Hearings ................................................................................................................... 27 

Legislative History and Consideration .................................................................. 27 

Committee Votes ...................................................................................................... 28 

Committee Oversight Findings ............................................................................... 28 

New Budget Authority and Tax Expenditures ...................................................... 28 

Congressional Budget Office Cost Estimate .......................................................... 28 

Performance Goals and Objectives ......................................................................... 36 

Advisory of Earmarks .............................................................................................. 37 

Duplication of Federal Programs ............................................................................ 37 

Disclosure of Directed Rule Makings ..................................................................... 37 

Federal Mandate Statement ................................................................................... 37 

Preemption Clarification ......................................................................................... 37 

Advisory Committee Statement .............................................................................. 37 

Applicability of Legislative Branch ........................................................................ 38 

Section-by-Section Analysis of Legislation ............................................................ 38 

Changes in Existing Law Made by the Bill, as Reported ..................................... 47 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

2 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Coast Guard Authorization Act 

of 2017’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AUTHORIZATIONS 

Sec. 101. Authorizations of appropriations. 

Sec. 102. Authorized levels of military strength and training. 

TITLE II—COAST GUARD 

Sec. 201. Training; public safety personnel. 

Sec. 202. Commissioned service retirement. 

Sec. 203. Officer promotion zones. 

Sec. 204. Cross reference. 

Sec. 205. Repeal. 

Sec. 206. Unmanned aircraft system. 

Sec. 207. Coast Guard health-care professionals; licensure portability. 

Sec. 208. Incentive contracts for Coast Guard yard and industrial establishments. 

Sec. 209. Maintaining cutters in class. 

Sec. 210. Congressional affairs; Director. 

Sec. 211. Contracting for major acquisitions programs. 

Sec. 212. National Security Cutter. 

Sec. 213. Radar refresher training. 

Sec. 214. Repeal. 

Sec. 215. Extension of authority. 

Sec. 216. Authorization of amounts for Fast Response Cutters. 

Sec. 217. Authorization of amounts for ice trials of icebreaker vessels. 

Sec. 218. Shoreside infrastructure. 

TITLE III—PORTS AND WATERWAYS SAFETY ACT 

Sec. 301. Codification of Ports and Waterways Safety Act. 

Sec. 302. Conforming amendments. 

Sec. 303. Transitional and savings provisions. 

Sec. 304. Rule of construction. 

Sec. 305. Advisory Committee: Repeal. 

TITLE IV—MARITIME TRANSPORTATION SAFETY 

Sec. 401. Clarification of logbook entries. 

Sec. 402. Technical corrections: licenses, certifications of registry, and merchant mariner documents. 

Sec. 403. Numbering for undocumented barges. 

Sec. 404. Drawbridge deviation exemption. 

Sec. 405. Deadline for compliance with alternate safety compliance programs. 

Sec. 406. Authorization for marine debris program. 

Sec. 407. Alternative distress signals. 

Sec. 408. Atlantic Coast Port Access Route Study recommendations. 

Sec. 409. Documentation of recreational vessels. 

Sec. 410. Certificates of documentation for recreational vessels. 

Sec. 411. Backup global positioning system. 

Sec. 412. Waters deemed not navigable waters of the United States for certain purposes. 

Sec. 413. Uninspected passenger vessels in St. Louis County, Minnesota. 

Sec. 414. Engine cut-off switch requirements. 

Sec. 415. Analysis of commercial fishing vessel classification requirements. 

TITLE V—MISCELLANEOUS 

Sec. 501. Repeal. 

Sec. 502. Reimbursements for non-Federal construction costs of certain aids to navigation. 

Sec. 503. Corrections to provisions enacted by Coast Guard Authorization Acts. 

Sec. 504. Ship Shoal Lighthouse transfer: Repeal. 

Sec. 505. Coast Guard maritime domain awareness. 

Sec. 506. Towing safety management system fees. 

Sec. 507. Oil spill disbursements auditing and report. 

Sec. 508. Land exchange, Ayakulik Island, Alaska. 

Sec. 509. Vessel response plans in the Arctic. 

Sec. 510. Assessment of public comments on additional anchorages on the Hudson River. 

Sec. 511. Public safety answering points and maritime search and rescue coordination. 

Sec. 512. Documentation of ‘‘America’s Finest’’. 

TITLE I—AUTHORIZATIONS 

SEC. 101. AUTHORIZATIONS OF APPROPRIATIONS. 

Section 2702 of title 14, United States Code, is amended: 

(1) in the matter preceding paragraph (1), by striking ‘‘fiscal years 2016 and 

2017’’ and inserting ‘‘fiscal years 2018 and 2019’’; 

(2) in paragraph (1), by striking subparagraphs (A) and (B) and inserting the 

following: 

‘‘(A) $7,263,698,328 for fiscal year 2018; and 

‘‘(B) $7,452,554,484 for fiscal year 2019.’’; 

(3) in paragraph (2), by striking subparagraphs (A) and (B) and inserting the 

following: 

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‘‘(A) $1,945,000,000 for fiscal year 2018; and 

‘‘(B) $1,945,000,000 for fiscal year 2019.’’; 

(4) in paragraph (3), by striking subparagraphs (A) and (B) and inserting the 

following: ‘‘(A) $134,237,000 for fiscal year 2018; and 

‘‘(B) $134,237,000 for fiscal year 2019.’’; 

(5) in paragraph (4), by striking subparagraphs (A) and (B) and inserting the 

following: ‘‘(A) $16,701,000 for fiscal year 2018; and 

‘‘(B) $16,701,000 for fiscal year 2019.’’; and 

(6) in paragraph (5), by striking subparagraphs (A) and (B) and inserting the 

following: ‘‘(A) $37,263,294 for fiscal year 2018; and 

‘‘(B) $38,232,140 for fiscal year 2019.’’. 

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING. 

Section 2704 of title 14, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘for each of fiscal years 2016 and 2017’’ and 

inserting ‘‘for fiscal year 2018 and an end-of-year strength for such personnel 

of 44,500 for fiscal year 2019’’; and 

(2) in subsection (b), by striking ‘‘fiscal years 2016 and 2017’’ and inserting 

‘‘fiscal years 2018 and 2019’’. 

TITLE II—COAST GUARD 

SEC. 201. TRAINING; PUBLIC SAFETY PERSONNEL. 

(a) IN GENERAL.—Chapter 7 of title 14, United States Code, is amended by adding 

at the end the following: 

‘‘§ 155. Training; public safety personnel 

‘‘(a) IN GENERAL.—The Commandant may, on a reimbursable or a non-reimbursable basis, make training available to public safety personnel whenever the Commandant determines that— 

‘‘(1) a member of the Coast Guard, who is scheduled to participate in such 

training, is unable or unavailable to participate in such training; 

‘‘(2) no other member of the Coast Guard, who is assigned to the unit to 

which the member of the Coast Guard who is unable or unavailable to participate in such training is assigned, is able or available to participate in such 

training; and 

‘‘(3) such training, if made available to such public safety personnel, would 

further the goal of interoperability among Federal agencies, non-Federal governmental agencies, or both. 

‘‘(b) DEFINITION.—For the purposes of this section, the term ‘public safety personnel’ includes any Federal, State (or political subdivision thereof), territorial, or 

tribal law enforcement officer, firefighter, or emergency response provider. 

‘‘(c) TREATMENT OF REIMBURSEMENT.—Any reimbursements 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 OF TRAINED PERSONNEL; LIMITATION ON LIABILITY.— ‘‘(1) STATUS.—Any public safety personnel to whom training is made available 

under this section who is not otherwise a Federal employee shall not, because 

of that training, be considered a Federal employee for any purpose (including 

the purposes of chapter 81 of title 5 (relating to compensation for injury)) and 

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

‘‘(2) LIMITATION ON LIABILITY.—The United States shall not be liable for actions taken by such personnel in the course of training made available under 

this section.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 7 of such title is amended 

by inserting at the end the following: 

‘‘155. Training; public safety personnel.’’. 

SEC. 202. COMMISSIONED SERVICE RETIREMENT. 

For Coast Guard officers who retire in fiscal year 2017 or 2018, the President may 

reduce the period of active commissioned service required under section 291 of title 

14, United States Code, to a period of not less than eight years. 

SEC. 203. OFFICER PROMOTION ZONES. 

Section 256(a) of title 14, United States Code, is amended by striking ‘‘six-tenths.’’ 

and inserting ‘‘one-half.’’. 

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SEC. 204. CROSS REFERENCE. 

Section 373(a) of title 14, United States Code, is amended by inserting ‘‘designated 

under section 371’’ after ‘‘cadet’’. 

SEC. 205. REPEAL. 

Section 482 of title 14, United States Code, and the item relating to that section 

in the analysis for chapter 13 of that title, are repealed. 

SEC. 206. UNMANNED AIRCRAFT SYSTEM. 

(a) IN GENERAL.—Chapter 3 of title 14, United States Code, is amended by adding 

at the end the following: 

‘‘§ 61. Unmanned aircraft system 

‘‘(a) IN GENERAL.—Subject to the availability of appropriations and to subsection 

(b), the Secretary of the department in which the Coast Guard is operating shall 

establish a land-based unmanned aircraft system program under the control of the 

Commandant of the Coast Guard. 

‘‘(b) LIMITATIONS.— 

‘‘(1) IN GENERAL.—During any fiscal year for which funds are appropriated for 

the design or construction of the Offshore Patrol Cutter, the Commandant— 

‘‘(A) may not award a contract for design of an unmanned aircraft system 

for use by the Coast Guard; and 

‘‘(B) may acquire an unmanned aircraft system only if such a system— 

‘‘(i) has been part of a program of record, procured by, or used by, 

the Department of Defense or the Department of Homeland Security, 

or a component thereof, before the date on which the Commandant acquires the system; and 

‘‘(ii) is acquired by the Commandant through an agreement with such 

a department or component, unless the unmanned aircraft system can 

be obtained at less cost through independent contract action. 

‘‘(2) LIMITATIONS ON APPLICATION.— 

‘‘(A) SMALL UNMANNED AIRCRAFT.—Paragraph (1)(B) does not apply to 

small unmanned aircraft. 

‘‘(B) PREVIOUSLY FUNDED SYSTEMS.—Subsection (b) does not apply to the 

design or acquisition of an unmanned aircraft system for which funds for 

research, development, test, and evaluation have been received from the 

Department of Defense or the Department of Homeland Security. 

‘‘(c) DEFINITIONS.—In this section each of the terms ‘small unmanned aircraft’ and 

‘unmanned aircraft system’ has the meaning that term has in section 331 of the 

FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).’’. 

(b) CLERICAL AMENDMENT.—The analysis at the beginning of such chapter is 

amended by adding at the end the following: 

‘‘61. Unmanned aircraft system.’’. 

(c) CONFORMING AMENDMENT.—Subsection (c) of section 564 of title 14, United 

States Code, is repealed. 

SEC. 207. COAST GUARD HEALTH-CARE PROFESSIONALS; LICENSURE PORTABILITY. 

(a) IN GENERAL.—Chapter 5 of title 14, United States Code, is amended by adding 

at the end the following: 

‘‘§ 104. Coast Guard health-care professionals; licensure portability 

‘‘(a) Notwithstanding any law regarding the licensure of health-care providers, a 

health-care professional described in subsection (b) may practice the health profession or professions of the health-care professional at any location in any State, the 

District of Columbia, or a Commonwealth, territory, or possession of the United 

States, regardless of where such health-care professional or the patient are located, 

if the practice is within the scope of the authorized Federal duties of such healthcare professional. 

‘‘(b) A health-care professional described in this subsection is an individual— 

‘‘(1) who is— 

‘‘(A) a member of the Coast Guard; 

‘‘(B) a civilian employee of the Coast Guard; 

‘‘(C) a member of the Public Health Service who is assigned to the Coast 

Guard; 

‘‘(D) a personal services contractor under section 1091 of title 10; or 

‘‘(E) any other health-care professional credentialed and privileged at a 

Federal health-care institution or location specially designated by the Secretary; and 

‘‘(2) who— 

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‘‘(A) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and 

‘‘(B) is performing authorized duties for the Coast Guard. 

‘‘(c) In this section each of the terms ‘license’ and ‘health-care professional’ has 

the meaning that term has in section 1094(e) of title 10.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is amended by adding 

at the end the following: 

‘‘104. Coast Guard health-care professionals; licensure portability.’’. 

SEC. 208. INCENTIVE CONTRACTS FOR COAST GUARD YARD AND INDUSTRIAL ESTABLISHMENTS. 

Section 648 of title 14, United States Code, is amended— 

(1) by inserting before the text the following: ‘‘(a) IN GENERAL.—’’; 

(2) in subsection (a), as designated by the amendment made by paragraph (1) 

of this section, by striking the period at the end of the last sentence and inserting ‘‘or in accordance with subsection (b).’’; and 

(3) by adding at the end the following: 

‘‘(b) INCENTIVE CONTRACTS.— ‘‘(1) The parties to an order for industrial work to be performed by the Coast 

Guard Yard or a Coast Guard industrial establishment designated under subsection (a) may enter into an order or a cost-plus-incentive-fee order in accordance with this subsection. 

‘‘(2) If such parties enter into such an order or a cost-plus-incentive-fee order, 

an agreed-upon amount of any adjustment described in subsection (a) may be 

distributed as an incentive to the wage-grade industrial employees who complete the order. 

‘‘(3) Before entering into such an order or cost-plus-incentive-fee order such 

parties must agree that the wage-grade employees of the Coast Guard Yard or 

Coast Guard industrial establishment will take action to improve the delivery 

schedule or technical performance agreed to in the order for industrial work to 

which such parties initially agreed. 

‘‘(4) Notwithstanding any other provision of law, if the industrial workforce 

of the Coast Guard Yard or such Coast Guard industrial establishment satisfies 

the performance target established in such an order or cost-plus-incentive-fee 

order— 

‘‘(A) the adjustment to be made pursuant to this subsection shall be reduced by such agreed-upon amount and distributed to such wage-grade industrial employees; and 

‘‘(B) the remainder of the adjustment shall be credited to the appropriation for such order current at that time.’’. 

SEC. 209. MAINTAINING CUTTERS IN CLASS. 

Section 573(c)(3)(A) of title 14, United States Code, is amended— 

(1) by striking ‘‘(A) IN GENERAL.—’’; and 

(2) by inserting ‘‘and shall maintain such cutter in class’’ before the period 

at the end. 

SEC. 210. CONGRESSIONAL AFFAIRS; DIRECTOR. 

(a) IN GENERAL.—Chapter 3 of title 14, United States Code, as amended by section 206 of this Act, is further amended by adding at the end the following: 

‘‘§ 62. Congressional affairs; director 

‘‘The Commandant shall appoint a Director of Congressional Affairs from among 

officers of the Coast Guard who are in a grade above captain.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is amended by adding 

at the end the following: 

‘‘62. Congressional Affairs; Director.’’. 

SEC. 211. CONTRACTING FOR MAJOR ACQUISITIONS PROGRAMS. 

(a) IN GENERAL.—Subchapter II of chapter 15 of title 14, United States Code, is 

amended by adding at the end the following: 

‘‘§ 580. Contracting for major acquisitions programs 

‘‘(a) IN GENERAL.—The Commandant of the Coast Guard may enter into contracts 

for major acquisition programs. 

‘‘(b) AUTHORIZED METHODS.—Such contracts— 

‘‘(1) may be block buy contracts; 

‘‘(2) may be incrementally funded; 

‘‘(3) may include combined purchases, also known as economic order quantity 

purchases, of— 

‘‘(A) materials and components; and 

6 

‘‘(B) long lead time materials; and 

‘‘(4) may be multiyear contracts that comply with section 2306b of title 10. 

‘‘(c) SUBJECT TO APPROPRIATIONS.—Any contract entered into under subsection (a) 

shall provide that any obligation of the United States to make a payment under the 

contract is subject to the availability of amounts specifically provided in advance for 

that purpose in subsequent appropriations Acts.’’. 

(b) CLERICAL AMENDMENT.—The analysis at the beginning of such chapter is 

amended by adding at the end of the items relating to such subchapter the following: 

‘‘580. Contracting for major acquisitions programs.’’. 

(c) CONFORMING AMENDMENTS.—The following provisions are repealed: 

(1) Section 223 of Public Law 113–281 (14 U.S.C. 577 note), and the item relating to that section in the table of contents in section 2 of such Act. 

(2) Section 221(a) of Public Law 112–213 (14 U.S.C. 573 note). 

(3) Section 207(a) of Public Law 114–120 (14 U.S.C. 87 note). 

SEC. 212. NATIONAL SECURITY CUTTER. 

(a) STANDARD METHOD FOR TRACKING.—The Commandant of the Coast Guard 

may not certify an eighth National Security Cutter as Ready for Operations before 

the date on which the Commandant provides to the Committee on Transportation 

and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— 

(1) a notification of a new standard method for tracking operational employment of Coast Guard major cutters that does not include time during which 

such a cutter is away from its homeport for maintenance or repair; and 

(2) a report analyzing cost and performance for different approaches to 

achieving varied levels of operational employment using the standard method 

required by paragraph (1) that, at a minimum— 

(A) compares over a 30-year period the average annualized baseline cost 

and performances for a certified National Security Cutter that operated for 

185 days away from homeport or an equivalent alternative measure of operational tempo— 

(i) against the cost of a 15 percent increase in days away from homeport or an equivalent alternative measure of operational tempo for a 

National Security Cutter; and 

(ii) against the cost of the acquisition and operation of an additional 

National Security Cutter; and 

(B) examines the optimal level of operational employment of National Security Cutters to balance National Security Cutter cost and mission performance. 

(b) CONFORMING AMENDMENTS.— 

(1) Section 221(b) of the Coast Guard and Maritime Transportation Act of 

2012 (14 U.S.C. 573 note) is repealed. 

(2) Section 204(c)(1) of the Coast Guard Authorization Act of 2016 (130 Stat. 

35) is repealed. 

SEC. 213. RADAR REFRESHER TRAINING. 

Section 11.480(F) of title 46, Code of Federal Regulations, as in effect immediately 

before the enactment of this Act, shall have no force or effect. 

SEC. 214. REPEAL. 

Section 676a(a) of title 14, United States Code, is amended— 

(1) by striking paragraph (2); 

(2) by striking ‘‘(1) IN GENERAL.—’’; 

(3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and 

(4) in paragraph (2), as so redesignated, by striking ‘‘subparagraph (A)’’ and 

inserting ‘‘paragraph (1)’’. 

SEC. 215. EXTENSION OF AUTHORITY. 

Section 404 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 

124 Stat. 2950) is amended— 

(1) in subsection (a), in the text preceding paragraph (1), by striking ‘‘sections 

3304, 5333, and 5753’’ and inserting ‘‘section 3304’’; and 

(2) in subsection (b), by striking ‘‘2017.’’ and inserting ‘‘2021.’’. 

SEC. 216. AUTHORIZATION OF AMOUNTS FOR FAST RESPONSE CUTTERS. 

(a) IN GENERAL.—Of the amounts authorized for each fiscal year 2018 and 2019 

under section 2702(2) of title 14, United States Code, as amended by this Act, 

7 

$165,000,000 is authorized for the acquisition of three Fast Response Cutters in 

each such fiscal year. 

(b) TREATMENT OF ACQUIRED CUTTERS.—Any cutters acquired under subsection 

(a) shall be in addition to the 58 cutters approved under the existing acquisition 

baseline. 

SEC. 217. AUTHORIZATION OF AMOUNTS FOR ICE TRIALS OF ICEBREAKER VESSELS. 

(a) IN GENERAL.—Of the amounts authorized for fiscal year 2018 under paragraphs (1) and (5) of section 2702 of title 14, United States Code, as amended by 

this Act, up to $3,000,000 is authorized for the Commandant of the Coast Guard 

to carry out ice trials of icebreaker vessels documented under section 12111 of title 

46, United States Code. 

(b) ASSESSMENTS.—Ice trials referred to in subsection (a) shall— 

(1) assess the ability of an icebreaker vessel to carry out the missions of the 

Coast Guard enumerated in section 2 of title 14, United States Code; or 

(2) conduct operational tests to produce information that could be used in the 

design and acquisition of icebreaker vessels by the Coast Guard to carry out 

such missions. 

SEC. 218. SHORESIDE INFRASTRUCTURE. 

Of the amounts authorized under section 2702(2) of title 14, United States Code, 

as amended by this Act, for each of fiscal years 2018 and 2019 there is authorized 

to be appropriated $165,000,000 to the Secretary of the department in which the 

Coast Guard is operating to fund the acquisition, construction, rebuilding or improvement of Coast Guard shoreside infrastructure and facilities necessary to support Coast Guard operations and readiness. 

TITLE III—PORTS AND WATERWAYS SAFETY 

ACT 

SEC. 301. CODIFICATION OF PORTS AND WATERWAYS SAFETY ACT. 

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

‘‘CHAPTER 700—PORTS AND WATERWAYS SAFETY 

‘‘SUBCHAPTER A—VESSEL OPERATIONS

‘‘Sec. 

‘‘70001. Vessel traffic services. 

‘‘70002. Special powers. 

‘‘70003. Port access routes. 

‘‘70004. Considerations by Secretary. 

‘‘70005. International agreements. 

‘‘SUBCHAPTER B—PORTS AND WATERWAYS SAFETY

‘‘70011. Waterfront safety. 

‘‘70012. Navigational hazards. 

‘‘70013. Requirement to notify Coast Guard of release of objects into the navigable waters of the United States. 

‘‘SUBCHAPTER C—CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES

‘‘70021. Conditions for entry to ports in the United States. 

‘‘SUBCHAPTER D—DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY POWERS, APPLICABILITY

‘‘70031. Definitions. 

‘‘70032. Saint Lawrence Seaway. 

‘‘70033. Limitation on application to foreign vessels. 

‘‘70034. Regulations. 

‘‘70035. Investigatory powers. 

‘‘70036. Enforcement. 

‘‘SUBCHAPTER A—VESSEL OPERATIONS 

‘‘§ 70001. Vessel traffic services 

‘‘(a) Subject to the requirements of section 70004, the Secretary— 

‘‘(1) in any port or place under the jurisdiction of the United States, in the 

navigable waters of the United States, or in any area covered by an international agreement negotiated pursuant to section 70005, may construct, operate, maintain, improve, or expand vessel traffic services, that consist of measures for controlling or supervising vessel traffic or for protecting navigation and 

the marine environment and that may include one or more of reporting and operating requirements, surveillance and communications systems, routing systems, and fairways; 

8 

‘‘(2) shall require appropriate vessels that operate in an area of a vessel traffic 

service to utilize or comply with that service; 

‘‘(3)(A) may require vessels to install and use specified navigation equipment, 

communications equipment, electronic relative motion analyzer equipment, or 

any electronic or other device necessary to comply with a vessel traffic service 

or that is necessary in the interests of vessel safety. 

‘‘(B) Notwithstanding subparagraph (A), the Secretary shall not require fishing vessels under 300 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary 

under section 14104, or recreational vessels 65 feet or less to possess or use the 

equipment or devices required by this subsection solely under the authority of 

this chapter; 

‘‘(4) may control vessel traffic in areas subject to the jurisdiction of the United 

States that the Secretary determines to be hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances, by— 

‘‘(A) specifying times of entry, movement, or departure; 

‘‘(B) establishing vessel traffic routing schemes; 

‘‘(C) establishing vessel size, speed, or draft limitations and vessel operating conditions; and 

‘‘(D) restricting operation, in any hazardous area or under hazardous conditions, to vessels that have particular operating characteristics or capabilities that the Secretary considers necessary for safe operation under the circumstances; 

‘‘(5) may require the receipt of prearrival messages from any vessel, destined 

for a port or place subject to the jurisdiction of the United States, in sufficient 

time to permit advance vessel traffic planning before port entry, which shall include any information that is not already a matter of record and that the Secretary determines necessary for the control of the vessel and the safety of the 

port or the marine environment; and 

‘‘(6) may prohibit the use on vessels of electronic or other devices that interfere with communication and navigation equipment, except that such authority 

shall not apply to electronic or other devices certified to transmit in the maritime services by the Federal Communications Commission and used within the 

frequency bands 157.1875–157.4375 MHz and 161.7875–162.0375 MHz. 

‘‘(b) COOPERATIVE AGREEMENTS.— 

‘‘(1) IN GENERAL.—The Secretary may enter into cooperative agreements with 

public or private agencies, authorities, associations, institutions, corporations, 

organizations, or other persons to carry out the functions under subsection 

(a)(1). 

‘‘(2) LIMITATION.— 

‘‘(A) A nongovernmental entity may not under this subsection carry out 

an inherently governmental function. 

‘‘(B) As used in this paragraph, the term ‘inherently governmental function’ means any activity that is so intimately related to the public interest 

as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in 

applying the authority of the Government or the use of judgment in making 

a decision for the Government. 

‘‘(c) LIMITATION OF LIABILITY FOR COAST GUARD VESSEL TRAFFIC SERVICE PILOTS

AND NON-FEDERAL VESSEL TRAFFIC SERVICE OPERATORS.— 

‘‘(1) COAST GUARD VESSEL TRAFFIC SERVICE PILOTS.—Any pilot, acting in the 

course and scope of his or her duties while at a Coast Guard Vessel Traffic 

Service, who provides information, advice, or communication assistance while 

under the supervision of a Coast Guard officer, member, or employee shall not 

be liable for damages caused by or related to such assistance unless the acts 

or omissions of such pilot constitute gross negligence or willful misconduct. 

‘‘(2) NON-FEDERAL VESSEL TRAFFIC SERVICE OPERATORS.—An entity operating 

a non-Federal vessel traffic information service or advisory service pursuant to 

a duly executed written agreement with the Coast Guard, and any pilot acting 

on behalf of such entity, is not liable for damages caused by or related to information, advice, or communication assistance provided by such entity or pilot 

while so operating or acting unless the acts or omissions of such entity or pilot 

constitute gross negligence or willful misconduct. 

‘‘§ 70002. Special powers 

‘‘The Secretary may order any vessel, in a port or place subject to the jurisdiction 

of the United States or in the navigable waters of the United States, to operate or 

anchor in a manner the Secretary directs if— 

9 

‘‘(1) the Secretary has reasonable cause to believe such vessel does not comply 

with any regulation issued under this chapter or any other applicable law or 

treaty; 

‘‘(2) the Secretary determines such vessel does not satisfy the conditions for 

port entry set forth in section 70021 of this title; or 

‘‘(3) by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such vessel, the Secretary is satisfied 

such direction is justified in the interest of safety. 

‘‘§ 70003. Port access routes 

‘‘(a) AUTHORITY TO DESIGNATE.—Except as provided in subsection (b) and subject 

to the requirements of subsection (c), in order to provide safe access routes for the 

movement of vessel traffic proceeding to or from ports or places subject to the jurisdiction of the United States, the Secretary shall designate necessary fairways and 

traffic separation schemes for vessels operating in the territorial sea of the United 

States and in high seas approaches, outside the territorial sea, to such ports or 

places. Such a designation shall recognize, within the designated area, the paramount right of navigation over all other uses. 

‘‘(b) LIMITATION.— 

‘‘(1) IN GENERAL.—No designation may be made by the Secretary under this 

section if— 

‘‘(A) the Secretary determines such a designation, as implemented, would 

deprive any person of the effective exercise of a right granted by a lease 

or permit executed or issued under other applicable provisions of law; and 

‘‘(B) such right has became vested before the time of publication of the 

notice required by paragraph (1) of subsection (c). 

‘‘(2) CONSULTATION REQUIRED.—The Secretary shall make the determination 

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

‘‘(c) CONSIDERATION OF OTHER USES.—Before making a designation under subsection (a), and in accordance with the requirements of section 70004, the Secretary 

shall— 

‘‘(1) undertake a study of the potential traffic density and the need for safe 

access routes for vessels in any area for which fairways or traffic separation 

schemes are proposed or that may otherwise be considered and publish notice 

of such undertaking in the Federal Register; 

‘‘(2) in consultation with the Secretary of State, the Secretary of the Interior, 

the Secretary of Commerce, the Secretary of the Army, and the Governors of 

affected States, as their responsibilities may require, take into account all other 

uses of the area under consideration, including, as appropriate, the exploration 

for, or exploitation of, oil, gas, or other mineral resources, the construction or 

operation of deepwater ports or other structures on or above the seabed or subsoil of the submerged lands or the Outer Continental Shelf of the United States, 

the establishment or operation of marine or estuarine sanctuaries, and activities involving recreational or commercial fishing; and 

‘‘(3) to the extent practicable, reconcile the need for safe access routes with 

the needs of all other reasonable uses of the area involved. 

‘‘(d) STUDY.—In carrying out the Secretary’s responsibilities under subsection (c), 

the Secretary shall— 

‘‘(1) proceed expeditiously to complete any study undertaken; and 

‘‘(2) after completion of such a study, promptly— 

‘‘(A) issue a notice of proposed rulemaking for the designation contemplated; or 

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

‘‘(e) IMPLEMENTATION OF DESIGNATION.—In connection with a designation made 

under this section, the Secretary— 

‘‘(1) shall issue reasonable rules and regulations governing the use of such 

designated areas, including rules and regulations regarding the applicability of 

rules 9 and 10 of the International Regulations for Preventing Collisions at Sea, 

1972, relating to narrow channels and traffic separation schemes, respectively, 

in waters where such regulations apply; 

‘‘(2) to the extent that the Secretary finds reasonable and necessary to effectuate the purposes of the designation, make the use of designated fairways and 

traffic separation schemes mandatory for specific types and sizes of vessels, foreign and domestic, operating in the territorial sea of the United States and for 

specific types and sizes of vessels of the United States operating on the high 

seas beyond the territorial sea of the United States; 

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‘‘(3) may, from time to time, as necessary, adjust the location or limits of designated fairways or traffic separation schemes in order to accommodate the 

needs of other uses that cannot be reasonably accommodated otherwise, except 

that such an adjustment may not, in the judgment of the Secretary, unacceptably adversely affect the purpose for which the existing designation was made 

and the need for which continues; and 

‘‘(4) shall, through appropriate channels— 

‘‘(A) notify cognizant international organizations of any designation, or 

adjustment thereof; and 

‘‘(B) take action to seek the cooperation of foreign States in making it 

mandatory for vessels under their control to use, to the same extent as required by the Secretary for vessels of the United States, any fairway or 

traffic separation scheme designated under this section in any area of the 

high seas. 

‘‘§ 70004. Considerations by Secretary 

‘‘In carrying out the duties of the Secretary under sections 70001, 70002, and 

70003, the Secretary shall— 

‘‘(1) take into account all relevant factors concerning navigation and vessel 

safety, protection of the marine environment, and the safety and security of 

United States ports and waterways, including— 

‘‘(A) the scope and degree of the risk or hazard involved; 

‘‘(B) vessel traffic characteristics and trends, including traffic volume, the 

sizes and types of vessels involved, potential interference with the flow of 

commercial traffic, the presence of any unusual cargoes, and other similar 

factors; 

‘‘(C) port and waterway configurations and variations in local conditions 

of geography, climate, and other similar factors; 

‘‘(D) the need for granting exemptions for the installation and use of 

equipment or devices for use with vessel traffic services for certain classes 

of small vessels, such as self-propelled fishing vessels and recreational vessels; 

‘‘(E) the proximity of fishing grounds, oil and gas drilling and production 

operations, or any other potential or actual conflicting activity; 

‘‘(F) environmental factors; 

‘‘(G) economic impact and effects; 

‘‘(H) existing vessel traffic services; and 

‘‘(I) local practices and customs, including voluntary arrangements and 

agreements within the maritime community; and 

‘‘(2) at the earliest possible time, consult with and receive and consider the 

views of representatives of the maritime community, ports and harbor authorities or associations, environmental groups, and other persons who may be affected by the proposed actions. 

‘‘§ 70005. International agreements 

‘‘(a) TRANSMITTAL OF REGULATIONS.—The Secretary shall transmit, via the Secretary of State, to appropriate international bodies or forums, any regulations issued 

under this subchapter, for consideration as international standards. 

‘‘(b) AGREEMENTS.—The President is authorized and encouraged to— 

‘‘(1) enter into negotiations and conclude and execute agreements with neighboring nations, to establish compatible vessel standards and vessel traffic services, and to establish, operate, and maintain international vessel traffic services, 

in areas and under circumstances of mutual concern; and 

‘‘(2) enter into negotiations, through appropriate international bodies, and 

conclude and execute agreements to establish vessel traffic services in appropriate areas of the high seas. 

‘‘(c) OPERATIONS.—The Secretary, pursuant to any agreement negotiated under 

subsection (b) that is binding upon the United States in accordance with constitutional requirements, may— 

‘‘(1) require vessels operating in an area of a vessel traffic service to utilize 

or to comply with the vessel traffic service, including the carrying or installation 

of equipment and devices as necessary for the use of the service; and 

‘‘(2) waive, by order or regulation, the application of any United States law 

or regulation concerning the design, construction, operation, equipment, personnel qualifications, and manning standards for vessels operating in waters 

over which the United States exercises jurisdiction if such vessel is not en route 

to or from a United States port or place, and if vessels en route to or from a 

United States port or place are accorded equivalent waivers of laws and regulations of the neighboring nation, when operating in waters over which that nation exercises jurisdiction. 

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‘‘(d) SHIP REPORTING SYSTEMS.—The Secretary, in cooperation with the International Maritime Organization, may implement and enforce two mandatory ship 

reporting systems, consistent with international law, with respect to vessels subject 

to such reporting systems entering the following areas of the Atlantic Ocean: 

‘‘(1) Cape Cod Bay, Massachusetts Bay, and Great South Channel (in the area 

generally bounded by a line starting from a point on Cape Ann, Massachusetts 

at 42 deg. 39’ N., 70 deg. 37’ W; then northeast to 42 deg. 45’ N., 70 deg. 13’ 

W; then southeast to 42 deg. 10’ N., 68 deg. 31’ W, then south to 41 deg. 00’ 

N., 68 deg. 31’ W; then west to 41 deg. 00’ N., 69 deg. 17’ W; then northeast 

to 42 deg. 05’ N., 70 deg. 02’ W, then west to 42 deg. 04’ N., 70 deg. 10’ W; 

and then along the Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay back to the point on Cape Ann at 42 deg. 39’ N., 70 deg. 37’ W). 

‘‘(2) In the coastal waters of the Southeastern United States within about 25 

nm along a 90 nm stretch of the Atlantic seaboard (in an area generally extending from the shoreline east to longitude 80 deg. 51.6’ W with the southern and 

northern boundary at latitudes 30 deg. 00’ N., 31 deg. 27’ N., respectively). 

‘‘SUBCHAPTER B—PORTS AND WATERWAYS SAFETY 

‘‘§ 70011. Waterfront safety 

‘‘(a) IN GENERAL.—The Secretary may take such action as is necessary to— 

‘‘(1) prevent damage to, or the destruction of, any bridge or other structure 

on or in the navigable waters of the United States, or any land structure or 

shore area immediately adjacent to such waters; and 

‘‘(2) protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss. 

‘‘(b) ACTIONS AUTHORIZED.—Actions authorized by subsection (a) include— 

‘‘(1) establishing procedures, measures, and standards for the handling, loading, unloading, storage, stowage, and movement on a structure (including the 

emergency removal, control, and disposition) of explosives or other dangerous 

articles and substances, including oil or hazardous material as those terms are 

defined in section 2101; 

‘‘(2) prescribing minimum safety equipment requirements for a structure to 

assure adequate protection from fire, explosion, natural disaster, and other serious accidents or casualties; 

‘‘(3) establishing water or waterfront safety zones, or other measures, for limited, controlled, or conditional access and activity when necessary for the protection of any vessel, structure, waters, or shore area; and 

‘‘(4) establishing procedures for examination to assure compliance with the requirements prescribed under this section. 

‘‘(c) STATE LAW.—Nothing in this section, with respect to structures, prohibits a 

State or political subdivision thereof from prescribing higher safety equipment requirements or safety standards than those that may be prescribed by regulations 

under this section. 

‘‘§ 70012. Navigational hazards 

‘‘(a) REPORTING PROCEDURE.—The Secretary shall establish a program to encourage fishermen and other vessel operators to report potential or existing navigational 

hazards involving pipelines to the Secretary through Coast Guard field offices. 

‘‘(b) SECRETARY’S RESPONSE.— ‘‘(1) NOTIFICATION BY THE OPERATOR OF A PIPELINE.—Upon notification by the 

operator of a pipeline of a hazard to navigation with respect to that pipeline, 

the Secretary shall immediately notify Coast Guard headquarters, the Pipeline 

and Hazardous Materials Safety Administration, other affected Federal and 

State agencies, and vessel owners and operators in the pipeline’s vicinity. 

‘‘(2) NOTIFICATION BY OTHER PERSONS.—Upon notification by any other person 

of a hazard or potential hazard to navigation with respect to a pipeline, the Secretary shall promptly determine whether a hazard exists, and if so shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials 

Safety Administration, other affected Federal and State agencies, vessel owners 

and operators in the pipeline’s vicinity, and the owner and operator of the pipeline. 

‘‘(c) PIPELINE DEFINED.—For purposes of this section, the term ‘pipeline’ has the 

meaning given the term ‘pipeline facility’ in section 60101(a)(18) of title 49. 

‘‘§ 70013. Requirement to notify Coast Guard of release of objects into the 

navigable waters of the United States 

‘‘(a) REQUIREMENT.—As soon as a person has knowledge of any release from a vessel or facility into the navigable waters of the United States of any object that creates an obstruction prohibited under section 10 of the Act of March 3, 1899, popuVerDate Sep 11 2014 05:34 Jun 28, 2017 Jkt 069006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6621 E:\HR\OC\HR194.XXX HR194
12 

larly known as the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 403), 

such person shall notify the Secretary and the Secretary of the Army of such release. 

‘‘(b) RESTRICTION ON USE OF NOTIFICATION.—Any notification provided by an individual in accordance with subsection (a) may not be used against such individual 

in any criminal case, except a prosecution for perjury or for giving a false statement. 

‘‘SUBCHAPTER C—CONDITION FOR ENTRY INTO PORTS IN THE UNITED 

STATES 

‘‘§ 70021. Conditions for entry to ports in the United States 

‘‘(a) IN GENERAL.—No vessel that is subject to chapter 37 shall operate in the navigable waters of the United States or transfer cargo or residue in any port or place 

under the jurisdiction of the United States, if such vessel— 

‘‘(1) has a history of accidents, pollution incidents, or serious repair problems 

that, as determined by the Secretary, creates reason to believe that such vessel 

may be unsafe or may create a threat to the marine environment; 

‘‘(2) fails to comply with any applicable regulation issued under this chapter, 

chapter 37, or any other applicable law or treaty; 

‘‘(3) discharges oil or hazardous material in violation of any law of the United 

States or in a manner or quantities inconsistent with any treaty to which the 

United States is a party; 

‘‘(4) does not comply with any applicable vessel traffic service requirements; 

‘‘(5) is manned by one or more officers who are licensed by a certificating 

State that the Secretary has determined, pursuant to section 9101 of title 46, 

does not have standards for licensing and certification of seafarers that are comparable to or more stringent than United States standards or international 

standards that are accepted by the United States; 

‘‘(6) is not manned in compliance with manning levels as determined by the 

Secretary to be necessary to insure the safe navigation of the vessel; or 

‘‘(7) while underway, does not have at least one licensed deck officer on the 

navigation bridge who is capable of clearly understanding English. 

‘‘(b) EXCEPTIONS.— ‘‘(1) IN GENERAL.—The Secretary may allow provisional entry of a vessel that 

is not in compliance with subsection (a), if the owner or operator of such vessel 

proves, to the satisfaction of the Secretary, that such vessel is not unsafe or a 

threat to the marine environment, and if such entry is necessary for the safety 

of the vessel or persons aboard. 

‘‘(2) PROVISIONS NOT APPLICABLE.—Paragraphs (1), (2), (3), and (4) of subsection (a) of this section shall not apply to a vessel allowed provisional entry 

under paragraph (1) if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is no longer unsafe or a threat to the 

marine environment, and is no longer in violation of any applicable law, treaty, 

regulation or condition, as appropriate. 

‘‘SUBCHAPTER D—DEFINITIONS, REGULATIONS, ENFORCEMENT, 

INVESTIGATORY POWERS, APPLICABILITY 

‘‘§ 70031. Definitions 

‘‘As used in this chapter, unless the context otherwise requires: 

‘‘(1) The term ‘marine environment’ means— 

‘‘(A) the navigable waters of the United States and the land and resources 

therein and thereunder; 

‘‘(B) the waters and fishery resources of any area over which the United 

States asserts exclusive fishery management authority; 

‘‘(C) the seabed and subsoil of the Outer Continental Shelf of the United 

States, the resources thereof, and the waters superjacent thereto; and 

‘‘(D) the recreational, economic, and scenic values of such waters and re- sources. ‘‘(2) The term ‘Secretary’ means the Secretary of the department in which the 

Coast Guard is operating, except that such term means the Secretary of Transportation with respect to the application of this chapter to the Saint Lawrence 

Seaway. 

‘‘(3) The term ‘navigable waters of the United States’ includes all waters of 

the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988. 

‘‘§ 70032. Saint Lawrence Seaway 

‘‘The authority granted to the Secretary under sections 70001, 70002, 70003, 7004, 

and 70011 may not be delegated with respect to the Saint Lawrence Seaway to any 

13 

agency other than the Saint Lawrence Seaway Development Corporation. Any other 

authority granted the Secretary under this chapter shall be delegated by the Secretary to the Saint Lawrence Seaway Development Corporation to the extent the 

Secretary determines such delegation is necessary for the proper operation of the 

Saint Lawrence Seaway. 

‘‘§ 70033. Limitation on application to foreign vessels 

‘‘Except pursuant to international treaty, convention, or agreement, to which the 

United States is a party, this chapter shall not apply to any foreign vessel that is 

not destined for, or departing from, a port or place subject to the jurisdiction of the 

United States and that is in— 

‘‘(1) innocent passage through the territorial sea of the United States; or 

‘‘(2) transit through the navigable waters of the United States that form a 

part of an international strait. 

‘‘§ 70034. Regulations 

‘‘(a) IN GENERAL.—In accordance with section 553 of title 5, the Secretary shall 

issue, and may from time to time amend or repeal, regulations necessary to implement this chapter. 

‘‘(b) CONSULTATION.—In the exercise of the regulatory authority under this chapter, the Secretary shall consult with, and receive and consider the views of all interested persons, including— 

‘‘(1) interested Federal departments and agencies; 

‘‘(2) officials of State and local governments; 

‘‘(3) representatives of the maritime community; 

‘‘(4) representatives of port and harbor authorities or associations; 

‘‘(5) representatives of environmental groups; 

‘‘(6) any other interested persons who are knowledgeable or experienced in 

dealing with problems involving vessel safety, port and waterways safety, and 

protection of the marine environment; and 

‘‘(7) advisory committees consisting of all interested segments of the public 

when the establishment of such committees is considered necessary because the 

issues involved are highly complex or controversial. 

‘‘§ 70035. Investigatory powers 

‘‘(a) SECRETARY.—The Secretary may investigate any incident, accident, or act involving the loss or destruction of, or damage to, any structure subject to this chapter, or that affects or may affect the safety or environmental quality of the ports, 

harbors, or navigable waters of the United States. 

‘‘(b) POWERS.—In an investigation under this section, the Secretary may issue subpoenas to require the attendance of witnesses and the production of documents or 

other evidence relating to such incident, accident, or act. If any person refuses to 

obey a subpoena, the Secretary may request the Attorney General to invoke the aid 

of the appropriate district court of the United States to compel compliance with the 

subpoena. Any district court of the United States may, in the case of refusal to obey 

a subpoena, issue an order requiring compliance with the subpoena, and failure to 

obey the order may be punished by the court as contempt. Witnesses may be paid 

fees for travel and attendance at rates not exceeding those allowed in a district 

court of the United States. 

‘‘§ 70036. Enforcement 

‘‘(a) CIVIL PENALTY.— 

‘‘(1) IN GENERAL.—Any person who is found by the Secretary, after notice and 

an opportunity for a hearing, to have violated this chapter or a regulation 

issued under this chapter shall be liable to the United States for a civil penalty, 

not to exceed $25,000 for each violation. Each day of a continuing violation shall 

constitute a separate violation. The amount of such civil penalty shall be assessed by the Secretary, or the Secretary’s designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the 

nature, circumstances, extent, and gravity of the prohibited acts committed and, 

with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. 

‘‘(2) COMPROMISE, MODIFICATION, OR REMISSION.—The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that is 

subject to imposition or that has been imposed under this section. 

‘‘(3) FAILURE TO PAY PENALTY.—If any person fails to pay an assessment of 

a civil penalty after it has become final, the Secretary may refer the matter to 

the Attorney General of the United States, for collection in any appropriate district court of the United States. 

‘‘(b) CRIMINAL PENALTY.— 

14 

‘‘(1) CLASS D FELONY.—Any person who willfully and knowingly violates this 

chapter or any regulation issued hereunder commits a class D felony. 

‘‘(2) CLASS C FELONY.—Any person who, in the willful and knowing violation 

of this chapter or of any regulation issued under this chapter, uses a dangerous 

weapon, or engages in conduct that causes bodily injury or fear of imminent 

bodily injury to any officer authorized to enforce the provisions of this chapter 

or the regulations issued under this chapter, commits a class C felony. 

‘‘(c) IN REM LIABILITY.—Any vessel that is used in violation of this chapter, or any 

regulations issued under this chapter, shall be liable in rem for any civil penalty 

assessed pursuant to subsection (a) and may be proceeded against in the United 

States district court for any district in which such vessel may be found. 

‘‘(d) INJUNCTION.—The United States district courts shall have jurisdiction to restrain violations of this chapter or of regulations issued under this chapter, for 

cause shown. 

‘‘(e) DENIAL OF ENTRY.—Except as provided in section 70021, the Secretary may, 

subject to recognized principles of international law, deny entry by any vessel that 

is not in compliance with this chapter or the regulations issued under this chapter— 

‘‘(1) into the navigable waters of the United States; or 

‘‘(2) to any port or place under the jurisdiction of the United States. 

‘‘(f) WITHHOLDING OF CLEARANCE.— ‘‘(1) IN GENERAL.—If any owner, operator, or individual in charge of a vessel 

is liable for a penalty or fine under this section, or if reasonable cause exists 

to believe that the owner, operator, or individual in charge may be subject to 

a penalty or fine under this section, the Secretary of the Treasury, upon the 

request of the Secretary, shall with respect to such vessel refuse or revoke any 

clearance required by section 60105 of title 46. 

‘‘(2) GRANTING CLEARANCE REFUSED OR REVOKED.—Clearance refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.’’. 

(b) CLERICAL AMENDMENT.—The analysis at the beginning of such subtitle is 

amended by inserting before the item relating to chapter 701 the following: 

‘‘700. Ports and Waterways Safety ................................................................................................................70001.’’. 

SEC. 302. CONFORMING AMENDMENTS. 

(a) ELECTRONIC CHARTS.— (1) TRANSFER OF PROVISION.—Section 4A of the Ports and Waterways Safety 

Act (33 U.S.C. 1223a)— 

(A) is redesignated as section 3105 of title 46, United States Code, and 

transferred to appear after section 3104 of that title; and 

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

‘‘(b) LIMITATION ON APPLICATION.—Except pursuant to an international treaty, 

convention, or agreement, to which the United States is a party, this section shall 

not apply to any foreign vessel that is not destined for, or departing from, a port 

or place subject to the jurisdiction of the United States and that is in— 

‘‘(1) innocent passage through the territorial sea of the United States; or 

‘‘(2) transit through the navigable waters of the United States that form a 

part of an international strait.’’. 

(2) CLERICAL AMENDMENT.—The analysis at the beginning of chapter 31 of 

such title is amended by adding at the end the following: 

‘‘3105. Electronic charts.’’. 

(b) PORT, HARBOR, AND COASTAL FACILITY SECURITY.— (1) TRANSFER OF PROVISIONS.—So much of section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes subsection (c) of that section is 

redesignated as section 70102a of title 46, United States Code, and transferred 

so as to appear after section 70102 of that title. 

(2) DEFINITIONS, ADMINISTRATION, AND ENFORCEMENT.—Section 70102a of title 

46, United States Code, as amended by paragraph (1) of this subsection, is 

amended by adding at the end the following: 

‘‘(c) DEFINITIONS, ADMINISTRATION, AND ENFORCEMENT.—This section shall be 

treated as part of chapter 700 for purposes of sections 70031, 70032, 70034, 70035, 

and 70036.’’. 

(3) CLERICAL AMENDMENT.—The analysis at the beginning of chapter 701 of 

such title is amended by inserting after the item relating to section 70102 the 

following: 

‘‘70102a. Port, harbor, and coastal facility security.’’. 

(c) NONDISCLOSURE OF PORT SECURITY PLANS.—Subsection (c) of section 7 of the 

Ports and Waterways Safety Act (33 U.S.C. 1226), as so designated before the application of subsection (b)(1) of this section— 

15 

(1) is redesignated as subsection (f) of section 70103 of title 46, United States 

Code, and transferred so as to appear after subsection (e) of such section; and 

(2) is amended by striking ‘‘this Act’’ and inserting ‘‘this chapter’’. 

(d) REPEAL.—Section 2307 of title 46, United States Code, and the item relating 

to that section in the analysis at the beginning of chapter 23 of that title, are repealed. 

(e) REPEAL.—The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.), as 

amended by this Act, is repealed. 

SEC. 303. TRANSITIONAL AND SAVINGS PROVISIONS. 

(a) DEFINITIONS.—In this section: 

(1) SOURCE PROVISION.—The term ‘‘source provision’’ means a provision of law 

that is replaced by a title 46 provision under this title. 

(2) TITLE 46 PROVISION.—The term ‘‘title 46 provision’’ means a provision of 

title 46, United States Code, that is enacted by section 302. 

(b) CUTOFF DATE.—The title 46 provisions replace certain provisions of law enacted before the date of the enactment of this Act. If a law enacted after that date 

amends or repeals a source provision, that law is deemed to amend or repeal, as 

the case may be, the corresponding title 46 provision. If a law enacted after that 

date is otherwise inconsistent with a title 46 provision or a provision of this title, 

that law supersedes the title 46 provision or provision of this title to the extent of 

the inconsistency. 

(c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For purposes of determining 

whether one provision of law supersedes another based on enactment later in time, 

a title 46 provision is deemed to have been enacted on the date of enactment of the 

source provision that the title 46 provision replaces. 

(d) REFERENCES TO TITLE 46 PROVISIONS.—A reference to a title 46 provision, including a reference in a regulation, order, or other law, is deemed to refer to the 

corresponding source provision. 

(e) REFERENCES TO SOURCE PROVISIONS.—A reference to a source provision, including a reference in a regulation, order, or other law, is deemed to refer to the 

corresponding title 46 provision. 

(f) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE ACTIONS.—A regulation, 

order, or other administrative action in effect under a source provision continues in 

effect under the corresponding title 46 provision. 

(g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action taken or an offense 

committed under a source provision is deemed to have been taken or committed 

under the corresponding title 46 provision. 

SEC. 304. RULE OF CONSTRUCTION. 

This title, including the amendments made by this title, is intended only to reorganize title 14, United States Code, and may not be construed to alter— 

(1) the effect of a provision of title 14, United States Code, including any authority or requirement therein; 

(2) a department or agency interpretation with respect to title 14, United 

States Code; or 

(3) a judicial interpretation with respect to title 14, United States Code. 

SEC. 305. ADVISORY COMMITTEE: REPEAL. 

Section 18 of the Coast Guard Authorization Act of 1991 (Public Law 102–241; 

105 Stat. 2213) is repealed. 

TITLE IV—MARITIME TRANSPORTATION 

SAFETY 

SEC. 401. CLARIFICATION OF LOGBOOK ENTRIES. 

(a) IN GENERAL.—Section 11304 of title 46, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘an official’’ and inserting ‘‘a’’; and 

(2) in subsection (b), by amending paragraph (3) to read as follows: 

‘‘(3) Each illness of, and injury to, a seaman of the vessel, the nature of the 

illness or injury, and the medical treatment provided for the injury or illness.’’. 

(b) TECHNICAL AMENDMENT.—Section 11304(b) is amended by striking ‘‘log book’’ 

and inserting ‘‘logbook’’. 

SEC. 402. TECHNICAL CORRECTIONS: LICENSES, CERTIFICATIONS OF REGISTRY, AND MERCHANT MARINER DOCUMENTS. 

Title 46, United States Code, is amended— 

(1) in section 7106(b), by striking ‘‘merchant mariner’s document,’’ and inserting ‘‘license,’’; 

16 

(2) in section 7107(b), by striking ‘‘merchant mariner’s document,’’ and inserting ‘‘certificate of registry,’’; 

(3) in section 7507(b)(1), by striking ‘‘licenses or certificates of registry’’ and 

inserting ‘‘merchant mariner documents’’; and 

(4) in section 7507(b)(2) by striking ‘‘merchant mariner’s document.’’ and inserting ‘‘license or certificate of registry.’’. 

SEC. 403. NUMBERING FOR UNDOCUMENTED BARGES. 

Section 12301(b) of title 46, United States Code, is amended— 

(1) by striking ‘‘shall’’ and inserting ‘‘may’’; and 

(2) by inserting ‘‘of’’ after ‘‘barge’’. 

SEC. 404. DRAWBRIDGE DEVIATION EXEMPTION. 

Section 5 of the Act entitled ‘‘An Act making appropriations for the construction, 

repair, and preservation of certain public works on rivers and harbors, and for other 

purposes’’, approved August 18, 1894 (33 U.S.C. 499), is amended by adding at the 

end the following new subsection: 

‘‘(d) EXEMPTION.— 

‘‘(1) IN GENERAL.—A change to a schedule that governs the opening of a drawbridge that will be in effect for less than 6 months shall not be subject to the 

rule making requirements of section 553 of title 5, United States Code. 

‘‘(2) ALTERNATE REQUIREMENTS.— 

‘‘(A) DUTIES OF SECRETARY.—The Secretary of the department in which 

the Coast Guard is operating shall provide notice of each such change 

through— 

‘‘(i) a local notice to mariners; 

‘‘(ii) a Coast Guard broadcast notice to mariners; or 

‘‘(iii) another method of notice that the Secretary considers appropriate. 

‘‘(B) OWNER AND OPERATOR DUTIES.—With respect to any drawbridge 

other than a railroad drawbridge, the owner or operator of such drawbridge 

shall provide notice of such a change to— 

‘‘(i) the general public, through publication in a newspaper of general 

circulation; 

‘‘(ii) the Department of Transportation or other public agency with 

administrative jurisdiction over the roadway that abuts the approach 

to such bridge; and 

‘‘(iii) the law enforcement organization with jurisdiction over the 

roadway that abuts the approach to such bridge.’’. 

SEC. 405. DEADLINE FOR COMPLIANCE WITH ALTERNATE SAFETY COMPLIANCE PROGRAMS. 

(a) DEADLINE.—Section 4503(d) of title 46, United States Code, is amended by 

striking so much as precedes paragraph (3) and inserting the following: 

‘‘(d)(1) The Secretary, in cooperation with the commercial fishing industry, may 

prescribe an alternative safety compliance program that shall apply in lieu of requirements under section 4502(b), for any category of fishing vessels, fish processing 

vessels, or fish tender vessels that are— 

‘‘(A) at least 50 feet overall in length; 

‘‘(B) built before July 1, 2013; and 

‘‘(C) 25 years of age or older. 

‘‘(2) An alternative safety compliance program prescribed under paragraph (1) 

shall apply to a vessel— 

‘‘(A) except as provided in subparagraph (B), after the later of January 1, 

2020, or the end of the 3-year period beginning on the date on which the Secretary prescribes the program; and 

‘‘(B) in the case of a vessel that undergoes a major conversion completed after 

the later of July 1, 2013, or the date the Secretary establishes standards for 

the alternate safety compliance program, upon the completion of such conversion.’’. 

(b) CONFORMING AMENDMENT.—Section 4502(b) of title 46, United States Code, is 

amended by inserting ‘‘and subject to section 4503(d),’’ after ‘‘In addition to the requirements of subsection (a) of this section,’’. 

SEC. 406. AUTHORIZATION FOR MARINE DEBRIS PROGRAM. 

The Marine Debris Research, Prevention, and Reduction Act is amended— 

(1) in section 9 (33 U.S.C. 1958)— 

(A) by striking the em-dash and all that follows through ‘‘(1)’’; and 

(B) by striking ‘‘; and’’ and all that follows through the end of the section 

and inserting a period; and 

(2) by adding at the end the following: 

17 

‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

‘‘Of the amounts authorized for each fiscal year under section 2702(1) of title 14, 

United States Code, up to $2,000,000 are authorized for the Commandant to carry 

out section 4 of this Act, of which not more than 10 percent may be used for administrative costs.’’. 

SEC. 407. ALTERNATIVE DISTRESS SIGNALS. 

(a) PERFORMANCE STANDARD.—Not later than one year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue a rule that establishes a performance standard for distress signals, 

including for maritime visual distress signals, that may be used as an alternative 

to the distress signals required by section 175.110 of title 33, Code of Federal Regulations.. 

(b) AUTHORIZATION OF USE.—Not later than 180 days after the date of the 

issuance of a rule under subsection (a), the Secretary shall issue a rule amending 

part 175 of title 33, Code of Federal Regulations, to authorize use of distress signals 

in accordance with such performance standard. 

SEC. 408. ATLANTIC COAST PORT ACCESS ROUTE STUDY RECOMMENDATIONS. 

Not later than 30 days after the date of the enactment of the Act, the Commandant of the Coast Guard shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate of action taken to carry out the recommendations contained in the final report issued by the Atlantic Coast Port Access 

Route Study (ACPARS) workgroup for which notice of availability was published 

March 14, 2016 (81 Fed. Reg. 13307). 

SEC. 409. DOCUMENTATION OF RECREATIONAL VESSELS. 

Coast Guard personnel performing nonrecreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform recreational vessel documentation under section 12114 of such title in any fiscal year in which— 

(1) funds available for Coast Guard operating expenses may not be used for 

expenses incurred for recreational vessel documentation; 

(2) fees collected from owners of yachts and credited to such use are insufficient to pay expenses of recreational vessel documentation; and 

(3) there is a backlog of applications for recreational vessel documentation. 

SEC. 410. CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL VESSELS. 

Section 12114 of title 46, United States Code, is amended by adding at the end 

the following: 

‘‘(d) EFFECTIVE PERIOD.—A recreational endorsement for a vessel— 

‘‘(1) except as provided in paragraph (3), shall be effective for 5 years; 

‘‘(2) shall require the owner of the vessel to notify the Coast Guard of each 

change in the information on which the issuance of the certificate of documentation is based that occurs before the expiration of the certificate under this subsection, by not later than 30 days after such change; and 

‘‘(3) shall terminate upon the expiration of such 30-day period if the owner 

has not notified the Coast Guard of such change before the end of such period. 

‘‘(e) STATE AND LOCAL AUTHORITY TO REMOVE ABANDONED AND DERELICT VESSELS.—Nothing in this section shall be construed to limit the authority of a State 

or local authority from taking action to remove an abandoned or derelict vessel. 

‘‘(f) AUTHORITY.— 

‘‘(1) REQUIREMENT.—The Secretary shall assess and collect a fee for the 

issuance or renewal of a recreational endorsement, that is equivalent to the fee 

established for the issuance or renewal, respectively, of a fishery endorsement 

pursuant to section 2110. 

‘‘(2) TREATMENT.—Fees collected under this subsection— 

‘‘(A) shall be credited to the account from which the costs of such issuance 

or renewal were paid; and 

‘‘(B) may remain available until expended.’’. 

SEC. 411. BACKUP GLOBAL POSITIONING SYSTEM. 

(a) IN GENERAL.—Subtitle VIII of title 46, United States Code, is amended by adding at the end the following: 

‘‘CHAPTER 807—POSITION, NAVIGATION, AND TIMING 

‘‘Sec. 

‘‘80701. Land-based complementary and backup positioning, navigation, and timing system. 

18 

‘‘§ 80701. Land-based complementary and backup positioning, navigation, 

and timing system 

‘‘(a) eLORAN.—Subject to the availability of appropriations, the Secretary shall 

provide for the establishment, sustainment, and operation of a reliable land-based 

enhanced LORAN, or eLORAN, positioning, navigation, and timing system. 

‘‘(b) PURPOSE.—The purpose of the system established under subsection (a) is to 

provide a complement to, and backup for, the Global Positioning System (in this section referred to as ‘GPS’) to ensure the availability of uncorrupted and nondegraded 

positioning, navigation, and timing signals for military and civilian users in the 

event that GPS signals are corrupted, degraded, unreliable, or otherwise unavailable. 

‘‘(c) REQUIREMENTS.—The system established under subsection (a) shall— 

‘‘(1) be wireless; 

‘‘(2) be terrestrial; 

‘‘(3) provide wide-area coverage; 

‘‘(4) transmit a precise, high-power 100 kilohertz signal and meet the one 

microsecond accuracy requirement specified in the Federal Radio Navigation 

Plan; 

‘‘(5) be synchronized with coordinated universal time; 

‘‘(6) be resilient and extremely difficult to disrupt or degrade; 

‘‘(7) be able to penetrate underground and inside buildings; 

‘‘(8) be capable of deployment to remote locations; 

‘‘(9) take full advantage of the infrastructure of the existing, unused Coast 

Guard long-range navigation system (commonly known as ‘LORAN–C’), and 

subject to the concurrence and agreement of other agencies, unused facilities associated with the Ground Wave Emergency Network and Nationwide Differential GPS systems; 

‘‘(10) utilize and leverage the capabilities of the entity for development, building, and operation of the system; 

‘‘(11) function in an interoperable and complementary manner with other 

similar positioning, navigation, and timing systems; 

‘‘(12) be made available by the Secretary for use by other Federal agencies 

for public purposes at no cost; and 

‘‘(13) incorporate such other requirements determined necessary by the Secretary with respect to such agencies. 

‘‘(d) REQUEST FOR PROPOSALS.— ‘‘(1) IN GENERAL.—Under authority granted by section 93(a)(25) of title 14, 

United States Code, and not later than three months after the date of enactment of this section, the Secretary shall publish a request for proposals by nonFederal persons for the development, building, and operation of the system described in subsection (c). 

‘‘(2) ELEMENTS.—Proposals submitted under this subsection shall include, at 

a minimum— 

‘‘(A) an eLORAN system architecture; and 

‘‘(B) a timetable for the delivery of— 

‘‘(i) a nationwide backup timing signal not later than two years after 

the last date on which proposals are accepted under the request published under paragraph (1); and 

‘‘(ii) a nationwide position and navigation signal not later than three 

years after such date. 

‘‘(e) SELECTION.—Using competitive procedures similar to those authorized under 

section 2667 of title 10, the Secretary may select a proposal from proposals received 

in response to the request for proposals under subsection (d). 

‘‘(f) AGREEMENT.— 

‘‘(1) IN GENERAL.—The Secretary may enter into a cooperative agreement (as 

that term is used in section 6305 of title 31) with an entity upon such terms 

as the Secretary determines will carry out the purpose of the system under subsection (b). 

‘‘(2) CONTENT.—An agreement under this subsection shall— 

‘‘(A) require the Secretary to provide the entity— 

‘‘(i) access to existing infrastructure and facilities described in subsection (c)(9) and provided as Government-furnished property (as that 

term is defined in section 45.101 of the Federal Acquisition Regulation, 

as in effect on the date of the enactment of the Coast Guard Authorization Act of 2017), for a minimum of 20 years; 

‘‘(ii) full use of the necessary electromagnetic spectrum wavelength 

associated with the LORAN-C system for use by the system required 

under subsection (a) and provided as such Government-furnished property; and 

19 

‘‘(iii) approval for the reconstruction of towers that are part of the infrastructure described in subsection (c)(9); 

‘‘(B) specify that all necessary capital expenditures be made by the entity; 

‘‘(C) set performance standards for the signals transmitted by the system; 

‘‘(D) require the Secretary to monitor and ensure the signals transmitted 

by the system conform to the performance standards of the agreement and 

are safe for use; 

‘‘(E) set the terms under which the Secretary has access to such signals; 

‘‘(F) subject to any national security requirements established by the Secretary of Defense and so long as activities described in clauses (i) and (ii) 

of subsection (B) do not interfere with the primary purpose of providing positioning, navigation, and timing services, allow the entity to— 

‘‘(i) market, promote, and sell eLORAN positioning, navigation, and 

timing services to commercial and noncommercial third parties; and 

‘‘(ii) generate revenue from such sale to non-Federal third parties of 

communications and other related services that result from the use of 

Government facilities and spectrum provided under this paragraph; 

‘‘(G) require the entity pay to the United States a portion of revenue received by the entity under subparagraph (F); 

‘‘(H) require the entity to assume all financial risk for the completion and 

operational capability of the eLORAN system and may require a performance bond from the entity to guarantee that risk; 

‘‘(I) require the entity to assist international organizations and foreign 

governments on issues related to eLORAN and similar systems; and 

‘‘(J) include such other terms and conditions as the Secretary determines 

to be necessary to carry out the purposes of this section. 

‘‘(3) REVENUE SHARING REQUIREMENT.— 

‘‘(A) IN GENERAL.—The requirement under paragraph (2)(G) shall require 

the entity to pay to the United States an equitable share of the revenue 

generated by the entity under paragraph (2)(F), in the fiscal year following 

the fiscal year in which such revenue is generated. 

‘‘(B) AMOUNT.—The amount of such payments shall take into account— 

‘‘(i) the capital investment by the entity to build the system and annual costs incurred by the entity to operate and maintain the system; 

and 

‘‘(ii) the capital and operating expenses incurred by the entity to upgrade the eLORAN system and related systems over the effective period of the agreement. 

‘‘(4) EFFECTIVE DATE OF RISK REQUIREMENT.—The requirement in paragraph 

(2)(H) shall be contingent upon, and take effect upon, the Secretary determining 

that the requirements under paragraph (2)(A) have been fulfilled. 

‘‘(g) CERCLA NOT AFFECTED.—This section shall not be construed to limit the application of or otherwise affect section 120(h) of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) for Federal 

Government facilities described in subsection (c)(9). 

‘‘(h) BIENNIAL REPORT TO CONGRESS.—Not later than one year after the date on 

which an agreement with an entity is entered into under subsection (f), and biennially thereafter, the Secretary shall provide to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate— 

‘‘(1) a report on the performance and progress of the entity in fulfilling its obligations under the agreement to build, operate and maintain the system established under subsection (a); and 

‘‘(2) an accounting of finances, expenses, and revenue associated with such 

performance, including payments made to the Secretary under section (f)(3). 

‘‘(i) DEFINITIONS.—In this section: 

‘‘(1) The term ‘entity’ means a non-Federal entity whose proposal is selected 

under subsection (e). 

‘‘(2) The term ‘Secretary’ means the Secretary of Transportation, acting 

through the Commandant of the Coast Guard.’’. 

(b) CLERICAL AMENDMENT.—The analysis for subtitle VIII of title 46, United 

States Code, is amended by adding after the item relating to chapter 805 the following: 

‘‘807. Position, navigation, and timing ........................................................................................................80701.’’. 

(c) IMPLEMENTATION PLAN.—Not later than 180 days after the date of the enactment of this Act, the Secretary, as that term is defined in the amendments made 

by this section, shall provide to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Commerce, Science, and 

20 

Transportation of the Senate, a plan to ensure that the system required under such 

amendments is fully operational by not later than 3 years after such date of enactment. 

SEC. 412. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED STATES FOR CERTAIN 

PURPOSES. 

For purposes of the application of subtitle II of title 46, United States Code, to 

the Volunteer (Hull Number CCA4108), the Illinois and Michigan Canal is deemed 

to not be navigable waters of the United States. 

SEC. 413. UNINSPECTED PASSENGER VESSELS IN ST. LOUIS COUNTY, MINNESOTA. 

Section 4105 of title 46, United States Code, is amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following: 

‘‘(c) In applying this title with respect to an uninspected vessel of less than 25 

feet overall in length that carries passengers on Crane Lake or waters contiguous 

to such lake in St. Louis County, Minnesota, the Secretary shall substitute ‘12 passengers’ for ‘6 passengers’ each place it appears in section 2101(42).’’. 

SEC. 414. ENGINE CUT-OFF SWITCH REQUIREMENTS. 

(a) INSTALLATION REQUIREMENT.— 

(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this 

Act, the Secretary of the department in which the Coast Guard is operating 

shall issue a regulation amending part 183 of title 33, Code of Federal Regulations, that requires associated equipment manufacturers, distributors, and dealers installing propulsion machinery and associated starting controls on a recreational vessel less than 26 feet overall in length and capable of developing at 

least 115 pounds of static thrust or 3 horsepower to install an engine cut-off 

switch in compliance with American Boat and Yacht Standard A–33. 

(2) EFFECTIVE DATE.—The regulation shall take effect at the end of the 1-year 

period beginning on the date of the issuance of such regulation. 

(b) DEFINITIONS.—Not later than 1 year after the date of the enactment of this 

Act, the Secretary of the department in which the Coast Guard is operating shall 

issue a regulation amending part 175 and part 183 of title 33, Code of Federal Regulations, that— 

(1) defines the term ‘‘engine cut-off switch’’ for purposes of that part to mean 

a mechanical or electronic device that is connected to propulsion machinery of 

a recreational vessel less than 26 feet overall in length that will stop propulsion 

if— 

(A) the switch is not properly connected to the propulsion machinery; or 

(B) the switch components are— 

(i) submerged in water; or 

(ii) separated from the propulsion machinery by a predetermined distance; and 

(2) defines the term ‘‘engine cut-off switch link’’ for purposes of that part to 

mean equipment that— 

(A) is attached to as recreational vessel operator; and 

(B) activates the engine cut-off switch. 

(c) EDUCATION ON CUT-OFF SWITCHES.—The Commandant of the Coast Guard, 

through the National Boating Safety Advisory Council established under section 

13110 of title 46, United States Code, may initiate a boating safety program on the 

use and benefits of cut-off switches for recreational vessels. 

SEC. 415. ANALYSIS OF COMMERCIAL FISHING VESSEL CLASSIFICATION REQUIREMENTS. 

(a) ANALYSIS.—Not later than 180 days after the date of the enactment of this 

Act, the Commandant of the Coast Guard shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate on the status of the implementation of the survey and classification requirements referred to in section 4503 

of title 46, United States Code. 

(b) CONTENTS.—The analysis required under subsection (a) shall include information on— 

(1) the average costs to vessel owners to comply with such section; and 

(2) the impact such section is having on commercial fishing vessel safety. 

21 

TITLE V—MISCELLANEOUS 

SEC. 501. REPEAL. 

Subsection (h) of section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468) 

is repealed. 

SEC. 502. REIMBURSEMENTS FOR NON-FEDERAL CONSTRUCTION COSTS OF CERTAIN AIDS TO 

NAVIGATION. 

(a) IN GENERAL.—Subject to the availability of amounts specifically provided in 

advance in subsequent appropriations Acts and in accordance with this section, the 

Commandant of the Coast Guard may reimburse a non-Federal entity for costs incurred by the entity for a covered project. 

(b) CONDITIONS.—The Commandant may not provide reimbursement under subsection (a) with respect to a covered project unless— 

(1) the need for the project is a result of the completion of construction with 

respect to a federally authorized navigation channel; 

(2) the Commandant determines, through an appropriate navigation safety 

analysis, that the project is necessary to ensure safe marine transportation; 

(3) the Commandant approves the design of the project to ensure that it 

meets all applicable Coast Guard aids-to-navigation standards and requirements; 

(4) the non-Federal entity agrees to transfer the project upon completion to 

the Coast Guard for operation and maintenance by the Coast Guard as a Federal aid to navigation; 

(5) the non–Federal entity carries out the project in accordance with the same 

laws and regulations that would apply to the Coast Guard if the Coast Guard 

carried out the project, including obtaining all permits required for the project 

under Federal and State law; and 

(6) the Commandant determines that the project satisfies such additional requirements as may be established by the Commandant. 

(c) LIMITATIONS.—Reimbursements under subsection (a) may not exceed the following: 

(1) For a single covered project, $5,000,000. 

(2) For all covered projects in a single fiscal year, $5,000,000. 

(d) EXPIRATION.—The authority granted under this section shall expire on the 

date that is 4 years after the date of enactment of this section. 

(e) COVERED PROJECT DEFINED.—In this section, the term ‘‘covered project’’ means 

a project carried out by a non-Federal entity to construct and establish an aid to 

navigation that facilitates safe and efficient marine transportation on a Federal 

navigation project authorized by title I of the Water Resources Development Act of 

2007 (Public Law 110–114). 

SEC. 503. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD AUTHORIZATION ACTS. 

Section 604(b) of the Howard Coble Coast Guard and Maritime Transportation 

Act of 2014 (Public Law 113–281; 128 Stat. 3061) is amended by inserting ‘‘and fishery endorsement’’ after ‘‘endorsement’’. 

SEC. 504. SHIP SHOAL LIGHTHOUSE TRANSFER: REPEAL. 

Effective January 1, 2021, section 27 of the Coast Guard Authorization Act of 

1991 (Public Law 102–241; 105 Stat. 2218) is repealed. 

SEC. 505. COAST GUARD MARITIME DOMAIN AWARENESS. 

(a) IN GENERAL.—The Secretary of the department in which the Coast Guard is 

operating shall seek to enter into an arrangement with the National Academy of 

Sciences not later than 60 days after the date of the enactment of this Act under 

which the Academy shall prepare an assessment of available unmanned, autonomous, or remotely controlled maritime domain awareness technologies for use by the 

Coast Guard. 

(b) ASSESSMENT.—The assessment shall— 

(1) describe the potential limitations of current and emerging unmanned technologies used in the maritime domain for— 

(A) ocean observation; 

(B) vessel monitoring and identification; 

(C) weather observation; 

(D) to the extent practicable for consideration by the Academy, intelligence gathering, surveillance, and reconnaissance; and 

(E) communications; 

(2) examine how technologies described in paragraph (1) can help prioritize 

Federal investment by examining; 

22 

(A) affordability, including acquisition, operations, and maintenance; 

(B) reliability; 

(C) versatility; 

(D) efficiency; and 

(E) estimated service life and persistence of effort; and 

(3) analyze whether the use of new and emerging maritime domain awareness 

technologies can be used to— 

(A) carry out Coast Guard missions at lower costs; 

(B) expand the scope and range of Coast Guard maritime domain awareness; 

(C) allow the Coast Guard to more efficiently and effectively allocate 

Coast Guard vessels, aircraft, and personnel; and 

(D) identify adjustments that would be necessary in Coast Guard policies, 

procedures, and protocols to incorporate unmanned technologies to enhance 

efficiency. 

(c) REPORT TO CONGRESS.—Not later than 1 year after entering into an agreement 

with the Secretary under subsection (a), National Academy of Science shall submit 

the assessment prepared under this section to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate. 

(d) USE OF INFORMATION.—In formulating costs pursuant to subsection (b), the 

National Academy of Sciences may utilize information from other Coast Guard reports, assessments, or analyses regarding existing Coast Guard manpower requirements or other reports, assessments, or analyses for the acquisition of unmanned, 

autonomous, or remotely controlled technologies by the Federal Government. 

SEC. 506. TOWING SAFETY MANAGEMENT SYSTEM FEES. 

(a) REVIEW.—The Commandant of the Coast Guard shall— 

(1) review and compare the costs to the Government of— 

(A) towing vessel inspections performed by the Coast Guard; and 

(B) such inspections performed by a third party; and 

(2) based on such review and comparison, determine whether the costs to the 

Government of such inspections performed by a third party are different than 

the costs to the Government of such inspections performed by the Coast Guard. 

(b) REVISION OF FEES.—If the Commandant determines under subsection (a) that 

the costs to the Government of such inspections performed by a third party are different than the costs to the Government of such inspections performed by the Coast 

Guard, then the Commandant shall revise the fee assessed by the Coast Guard for 

such inspections as necessary to conform to the requirements under section 9701 of 

title 31, United States Code, that such fee be based on the cost to the Government 

of such inspections and accurately reflect such costs. 

SEC. 507. OIL SPILL DISBURSEMENTS AUDITING AND REPORT. 

Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is amended— 

(1) by repealing subsection (g); 

(2) in subsection (l)(1), by striking ‘‘Within one year after the date of enactment of the Coast Guard Authorization Act of 2010, and annually thereafter,’’ 

and inserting ‘‘Each year, on the date on which the President submits to Congress a budget under section 1105 of title 31, United States Code,’’; and 

(3) by amending subsection (l)(2) to read as follows: 

‘‘(2) CONTENTS.—The report shall include— 

‘‘(A) a list of each incident that— 

‘‘(i) occurred in the preceding fiscal year; and 

‘‘(ii) resulted in disbursements from the Fund, for removal costs and 

damages, totaling $500,000 or more; 

‘‘(B) a list of each incident that— 

‘‘(i) occurred in the fiscal year preceding the preceding fiscal year; 

and 

‘‘(ii) resulted in disbursements from the Fund, for removal costs and 

damages, totaling $500,000 or more; and 

‘‘(C) an accounting of any amounts reimbursed to the Fund in the preceding fiscal year that were recovered from a responsible party for an incident that resulted in disbursements from the Fund, for removal costs and 

damages, totaling $500,000 or more.’’. 

SEC. 508. LAND EXCHANGE, AYAKULIK ISLAND, ALASKA. 

(a) LAND EXCHANGE.—If the owner of Ayakulik Island, Alaska, offers to exchange 

the Island for the Tract— 

(1) within 30 days after receiving such offer, the Secretary shall provide notice of the offer to the Commandant; 

23 

(2) within 30 days after receiving the notice under paragraph (1), the Commandant shall develop and transmit to the Secretary proposed operational restrictions on commercial activity conducted on the Tract, including the right of 

the Commandant to— 

(A) order the immediate termination, for a period of up to 72 hours, of 

any activity occurring on or from the Tract that violates or threatens to violate one or more of such restrictions; or 

(B) commence a civil action for appropriate relief, including a permanent 

or temporary injunction enjoining the activity that violates or threatens to 

violate such restrictions; and 

(3) within 30 days after receiving the proposed operational restrictions from 

the Commandant, the Secretary shall transmit such restrictions to the owner 

of Ayakulik Island; and 

(4) within 30 days after transmitting the proposed operational restrictions to 

the owner of Ayakulik Island, and if the owner agrees to such restrictions, the 

Secretary shall convey all right, title and interest of the United States in and 

to the Tract to the owner, subject to an easement granted to the Commandant 

to enforce such restrictions, in exchange for all right, title and interest of such 

owner in and to Ayakulik Island. 

(b) BOUNDARY REVISIONS.—The Secretary may make technical and conforming revisions to the boundaries of the Tract before the date of the exchange. 

(c) PUBLIC LAND ORDER.—Effective on the date of an exchange under subsection 

(a), Public Land Order 5550 shall have no force or effect with respect to submerged 

lands that are part of the Tract. 

(d) FAILURE TO TIMELY RESPOND TO NOTICE.—If the Commandant does not transmit proposed operational restrictions to the Secretary within 30 days after receiving 

the notice under subsection (a)(1), the Secretary shall, by not later than 60 days 

after transmitting such notice, convey all right, title, and interest of the United 

States in and to the Tract to the owner of Ayakulik Island in exchange for all right, 

title, and interest of such owner in and to Ayakulik Island. 

(e) CERCLA NOT AFFECTED.—This section and an exchange under this section 

shall not be construed to limit the application of or otherwise affect section 120(h) 

of the Comprehensive Environmental Response, Compensation, and Liability Act of 

1980 (42 U.S.C. 9620(h)). 

(f) DEFINITIONS.—In this section: 

(1) COMMANDANT.—The term ‘‘Commandant’’ means the Secretary of the department in which the Coast Guard is operating, acting through the Commandant of the Coast Guard. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(3) TRACT.—The term ‘‘Tract’’ means the land (including submerged land) depicted as ‘‘PROPOSED PROPERTY EXCHANGE AREA’’ on the survey titled 

‘‘PROPOSED PROPERTY EXCHANGE PARCEL’’ and dated 3/22/17. 

SEC. 509. VESSEL RESPONSE PLANS IN THE ARCTIC. 

(a) AMENDMENTS TO THE OIL POLLUTION ACT OF 1990.— 

(1) IN GENERAL.—Title V of the Oil Pollution Act of 1990 (33 U.S.C. 2731 et 

seq.) is amended by adding at the end the following: 

‘‘SEC. 5009. VESSEL RESPONSE PLANS IN THE ARCTIC. 

‘‘The Secretary of the department in which the Coast Guard is operating may not 

approve a vessel response plan under section 311(j)(5) of the Federal Water Pollution Control Act for a vessel operating in any area covered by the Captain of the 

Port Zone, as established by the Secretary, that includes the Arctic (as defined in 

section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111)), unless 

the Secretary verifies that— 

‘‘(1) all equipment required to be available for response under the plan has 

been tested and proven capable of operating in the environment in which it is 

intended to be operated, as determined by the Secretary; and 

‘‘(2) the oil spill removal organization identified in the vessel response plan 

under section 311(j)(5) of the Federal Water Pollution Control Act— 

‘‘(A) has records of training for equipment operators; and 

‘‘(B) conducts a full equipment deployment exercise in the area covered 

by the vessel response plan at least once every 3 years, except that the Secretary may waive a required full equipment deployment exercise, upon request of the organization, if the organization implemented the vessel response plan (including the deployment of equipment and operators) during 

the preceding 3 years in response to a discharge or substantial threat of a 

discharge of oil.’’. 

24 

(2) CLERICAL AMENDMENT.—The table of contents in section 2 of the Oil Pollution Act of 1990 is amended by inserting after the item relating to section 5007 

the following: 

‘‘Sec. 5008. North Pacific Marine Research Institute. 

‘‘Sec. 5009. Vessel response plans in the Arctic.’’. 

(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the 

Commandant of the Coast Guard shall submit to the Committee on Commerce, 

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

and Infrastructure of the House of Representatives a report on the oil spill prevention and response capabilities available for the area covered by the Captain of the 

Port Zone, as established by the Secretary, that includes the Arctic (as defined in 

section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111)). The report shall include— 

(1) a description of equipment and assets available for response under the 

vessel response plans approved for vessels operating in the area covered by such 

Captain of the Port Zone; 

(2) a description of the locations of such equipment and assets, including an 

estimate of the time necessary to deploy such equipment and assets; 

(3) a determination regarding how effectively such equipment and assets are 

distributed throughout such Captain of the Port Zone; 

(4) a determination regarding whether the ability to deploy such equipment 

and assets is taken into account when measuring the equipment and assets 

available; 

(5) a validation of the port assessment visit process and a verification of the 

response resource inventory; and 

(6) a description of the resources needed by the Coast Guard to conduct port 

assessments, exercises, response plan review, and spill responses in such Captain of the Port Zone. 

SEC. 510. ASSESSMENT OF PUBLIC COMMENTS ON ADDITIONAL ANCHORAGES ON THE HUDSON RIVER. 

(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this 

Act, the Commandant of the Coast Guard shall— 

(1) assess the public comments received by the Coast Guard on proposals to 

establish additional anchorages on the Hudson River between Yonkers, New 

York, and Kingston, New York; and 

(2) submit to the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on such assessment, including— 

(A) a detailed summary of concerns raised in such comments about the 

economic, safety, and environmental impacts of such additional anchorages 

on the communities bordering the Hudson River between Yonkers, New 

York, and Kingston, New York, including impacts of such anchorage 

grounds to sites listed on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 

U.S.C. 9601 et seq.) and areas designated as critical habitat of species listed 

as endangered species under the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.); and 

(B) the response of the Coast Guard to such concerns. 

(b) RESTRICTION.—The Commandant may not establish any of the anchorages described in subsection (a) before the end of the 180-day period beginning on the date 

of the submission of the report under subsection (a)(2). 

SEC. 511. PUBLIC SAFETY ANSWERING POINTS AND MARITIME SEARCH AND RESCUE COORDINATION. 

Not later than 180 days after the date of the enactment of this Act— 

(1) the Secretary of the department in which the Coast Guard is operating 

acting through the Commandant of the Coast Guard shall review Coast Guard 

policies and procedures for public safety answering points and search-and-rescue coordination with State and local law enforcement entities in order to— 

(A) further minimize the possibility of maritime 911 calls being improperly routed; and 

(B) assure the Coast Guard is able to effectively carry out the Coast 

Guard’s maritime search and rescue mission; and 

(2) the Commandant shall formulate a national maritime public safety answering points policy and submit a report to the Congress on that subject. 

SEC. 512. DOCUMENTATION OF ‘‘AMERICA’S FINEST’’. 

Notwithstanding sections 12112 and 12113 of title 46, United States Code, the 

Secretary of the department in which the Coast Guard is operating may issue a cerVerDate Sep 11 2014 05:34 Jun 28, 2017 Jkt 069006 PO 00000 Frm 00024 Fmt 6659 Sfmt 6621 E:\HR\OC\HR194.XXX HR194
25 

tificate of documentation with a coastwise and a fishery endorsement for the vessel 

AMERICA’S FINEST (United States official number 1276760). 

PURPOSE OF LEGISLATION

H.R. 2518, the Coast Guard Authorization Act of 2017, authorizes 

funding for the Coast Guard for fiscal years 2018 and 2019 at levels sufficient to maintain operational readiness and timelines for 

major system acquisition programs, and includes reforms to Coast 

Guard authorities and regulations governing certain maritime industries. 

BACKGROUND AND NEED FOR LEGISLATION

Coast Guard 

The United States Coast Guard (Coast Guard or Service) was established on January 28, 1915, through the consolidation of the 

Revenue Cutter Service (established in 1790) and the Lifesaving 

Service (established in 1848). The Coast Guard later assumed the 

duties of three other agencies: the Lighthouse Service (established 

in 1789), the Steamboat Inspection Service (established in 1838), 

and the Bureau of Navigation (established in 1884). 

Under section 2 of title 14, United States Code, the Coast Guard 

has primary responsibility to enforce or assist in the enforcement 

of all applicable federal laws in, under, and over the high seas and 

waters subject to the jurisdiction of the United States; to ensure 

safety of life and property at sea; to protect the marine environment; to carry out icebreaking activities; and to ensure the safety 

and security of vessels, ports, waterways, and related facilities. 

As one of the five Armed Services, the Coast Guard also maintains defense readiness and may be called upon to operate as a specialized service in the Navy upon the declaration of war or when 

the President directs. The Coast Guard is composed of approximately 40,000 military personnel, 6,400 reservists, and 8,400 civilian employees. The Coast Guard or its predecessors have defended 

the Nation in every war since 1790. 

In fiscal year 2015, the Coast Guard responded to over 16,000 

search and rescue cases saving over 3,500 lives. Additionally, the 

Coast Guard conducted over 8,600 security boardings of vessels entering American ports, screened over 131,000 commercial vessels 

entering American ports for potential security threats, maintained 

over 47,000 aids to navigation, and detained 503 smugglers carrying 107 metric tons of cocaine. 

H.R. 2518, the Coast Guard Authorization Act of 2017, authorizes 

funding for the Coast Guard for the next two fiscal years at levels 

necessary to carry out these missions, while helping to replace and 

modernize the Coast Guard’s aging assets in a cost-effective manner, enhance oversight, and reduce administrative inefficiencies to 

save taxpayer dollars. 

Pursuant to section 101 of the Coast Guard Authorization Act of 

2016 (P.L. 114–120), the activities of the Coast Guard are authorized through fiscal year 2017 at $9 billion. H.R. 2518 authorizes 

$9.4 and $9.6 billion in discretionary funds for the Coast Guard for 

fiscal years 2018 and 2019, respectively. Authorized increases in 

funding are necessary, among other reasons, to address shortfalls 

26 

in prior years appropriations due to mandatory non-defense budget 

cuts imposed under the Budget Control Act. 

Investment in Coast Guard capabilities 

The Committee has long held concerns about the adequacy of 

capital investment in Coast Guard assets and infrastructure and 

has held numerous hearings to review the status and efficiency of 

acquisition programs. Enforcing federal laws in, under, over the 

high seas and waters subject to the jurisdiction of the United 

States is a complicated task requiring a workforce that is highly 

trained in many diverse areas ranging from marine and aviation 

operations to marine safety. It also requires a substantial number 

of physical assets from offshore cutters and aircraft, to buoys and 

shore-side facilities such as piers and airfields. Estimates of what 

is required in annual Coast Guard capital investment range from 

$1.5 billion to more than $2.0 billion depending on whether the 

goal is to maintain existing capability, to achieve capabilities closer 

to those set up in the 2005 Mission Need Statement (MNS), or to 

fulfill approved acquisition programs of record. These costs are expected to increase with the acquisition of at least one new heavy 

ice breaker, and possibly, up to six new icebreakers as specified in 

the Coast Guard’s 2010 High Latitude Region Mission Analysis. 

While acquisition costs have kept increasing, successive administration budget requests have fallen short of even meeting the Service’s minimum operational and acquisition needs, and appropriations have only been able to make up a fraction of the shortfall. In 

fiscal year 2018, the Administration requests $1.2 billion for the 

Coast Guard’s Acquisition, Construction, and Improvement (AC&I) 

account. This represents a cut of over $700 million, or a 37 percent 

cut from fiscal year 2017 enacted appropriation. H.R. 2518 authorizes the Coast Guard’s AC&I account at $1.945 

billion for each of the fiscal years 2018 and 2019, approximately 

$700 million more than the Administration’s fiscal year 2018 request. The Committee believes long-term funding at this level will 

allow the Coast Guard to maintain current mission capability. 

However, the Committee acknowledges that even at the level of 

capital funding proposed in this authorization, certain Coast Guard 

missions simply will not be done, or will be undertaken at a suboptimal operations tempo. The Committee looks forward to continuing to work with the Coast Guard to determine how the Service 

might better align missions and assets under current budget constraints, and identify those missions which potentially may be handled through cooperation with other entities. 

Maritime transportation 

The maritime sector of our national transportation system is essential to our economy and vital to our national security. The Maritime industry in the United States currently employs more than 

250,000 Americans providing nearly $4.5 trillion of economic activity annually. There are more than 40,000 commercial vessels currently flying the American flag. The vast majority of these vessels 

are engaged in domestic coastwise commerce protected under the 

Jones Act, moving over 106 million passengers and $400 billion 

worth of goods between ports in the United States on an annual 

basis. Each year, maritime industry accounts for over $100 billion 

27 

in economic output. Additionally, maritime industry provides an indispensable industrial and technology base necessary to support 

both military and commercial shipbuilding. 

H.R. 2518 also addresses matters affecting maritime transportation. The bill promotes transit lane safety through authorizing 

funding for Coast Guard marine debris activities, implementation 

of the Atlantic Coast Port Access Study report, and removes red 

tape and promotes improved maritime commerce by allowing payment for construction of certain aids-to-navigation constructed by 

non-federal entities. The bill also promotes common sense regulations by updating public notice requirements for bridge work, requires the Coast Guard to match its fees with the cost of administrating its inspection programs, and makes technical corrections to 

certain references for merchant mariner documents, licenses and 

certifications of registry. 

HEARINGS

The Subcommittee on Coast Guard and Maritime Transportation 

held a hearing on March 31, 2017, on the authorization of Coast 

Guard and maritime transportation programs. Testimony was 

heard from the Coast Guard, the Federal Maritime Commission 

and the Maritime Administration. Topics discussed included funding for the Service, the Commission and Administration, the status 

of Coast Guard acquisition programs, and maritime transportation 

issues relating to the Service and each agency. 

The Subcommittee on Coast Guard and Maritime Transportation 

held a hearing on May 3, 2017, on maritime transportation regulatory issues. Testimony was heard from the Coast Guard, the 

American Salvage Association, and the National Response Corporation regarding oil spill and salvage and marine firefighting response requirements and how each response activity is being implemented nationwide. 

LEGISLATIVE HISTORY AND CONSIDERATION

On May 18, 2017, H.R. 2518 was introduced by Congressman 

Duncan Hunter (R–CA) and cosponsored by Congressman John 

Garamendi (D–CA), Congressman Bill Shuster (R–PA) and Congressman Peter DeFazio (D–OR). 

On May 24, 2017, the Committee on Transportation and Infrastructure met in open session to consider H.R. 2518. Mr. Hunter 

offered a manager’s amendment that: authorizes appropriations for, 

respectively, construction of six additional Fast Response Cutters 

beyond the approved program of record, icebreaker sea trials, and 

to address the backlog in shore-side infrastructure. The manager’s 

amendment also makes some technical changes; transfers provisions from title 33, United States Code, to title 46, United States 

Code; and, authorizes the use of cooperative agreements between 

the Coast Guard and non-federal entities to develop a backup for 

the Global Positioning System. Additionally, the amendment modifies an Oil Spill Liability Trust Fund annual audit requirement; 

authorizes a land exchange and a vessel response plan verification 

process, both in Alaska; and requires a report on the establishment 

of new anchorages in the Hudson River. Congressman Rick Larsen 

(D–WA) offered on amendment to provide a certificate of docuVerDate Sep 11 2014 05:34 Jun 28, 2017 Jkt 069006 PO 00000 Frm 00027 Fmt 6659 Sfmt 6602 E:\HR\OC\HR194.XXX HR194
28 

mentation, with coastwise and fishery endorsements, to a catcher 

processor vessel being built in Washington State. Congresswoman 

Frederica S. Wilson (D–FL) offered an amendment regarding access 

to American courts for non-citizen employees on cruise vessels and 

withdrew it. The Committee ordered the bill, as amended, reported 

favorably to the House by voice vote with a quorum present. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires each committee report to include the total number of 

votes cast for and against on each record vote on a motion to report 

and on any amendment offered to the measure or matter, and the 

names of those members voting for and against. There were no recorded votes taken in connection with consideration of H.R. 2518. 

A motion to order H.R. 2518, as amended, reported favorably to the 

House was agreed to by voice vote with a quorum present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

With respect to the requirement of clause 3(c)(3) of rule XIII of 

the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 2518 from the Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 23, 2017. 

Hon. BILL SHUSTER, Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2518, the Coast Guard 

Authorization Act of 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

MARK P. HADLEY

(For Keith Hall, Director). 

Enclosure. 

29 

H.R. 2518—Coast Guard Authorization Act of 2017 

Summary: H.R. 2518 would authorize appropriations totaling 

$19.0 billion over the 2018–2019 period for ongoing activities of the 

Coast Guard (USCG). Assuming appropriation of the specified 

amounts, CBO estimates that implementing the legislation would 

cost $18.3 billion over the 2018–2022 period. 

The bill also would authorize the Secretary of Homeland Security 

to enter into a cooperative agreement with a nonfederal entity to 

establish, sustain, and operate a system to provide positioning, 

navigation, and timing (PNT) services as a backup and complement 

to the existing Global Positioning System (GPS). CBO estimates 

that enacting that provision would increase net direct spending by 

$121 million over the 2018–2027 period. Enacting the bill also 

would affect revenues, but CBO estimates that those changes 

would be insignificant. 

Because enacting the bill would affect direct spending and revenues, pay-as-you-go procedures apply. CBO estimates that enacting 

H.R. 2518 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. 

H.R. 2518 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 ($78 million for 

intergovernmental mandates and $156 million for private-sector 

mandates, respectively, in 2017, adjusted annually for inflation). 

Estimated cost to the Federal government: The estimated budgetary effect of H.R. 2518 is shown in the following table. The costs 

of this legislation fall within budget functions 400 (transportation), 

300 (natural resources and environment), and 950 (undistributed 

offsetting receipts). 

TABLE 1.—ESTIMATED BUDGETARY EFFECTS OF H.R. 2518 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2017–2022 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level .......................... 0 9,397 9,587 0 0 0 18,984 

Estimated Outlays ........................... 0 5,956 7,790 2,526 1,312 715 18,299 

INCREASES IN DIRECT SPENDING a

Estimated Budget Authority ............ 0 200 0 0 ¥5 ¥4 191 

Estimated Outlays ........................... 0 20 40 60 45 26 191 

a CBO estimates that enacting H.R. 2518 would increase net direct spending by $121 million over the 2017–2027 period. 

Basis of estimate: For this estimate, CBO assumes that H.R. 

2518 will be enacted late in 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 

H.R. 2518 would authorize appropriations totaling $9.4 billion in 2018 and $9.6 billion in 2019 for ongoing activities of the Coast 

Guard. The Congress provided about $8 billion for the agency in 

2017. That amounts authorized to be appropriated under the bill 

include: 

30 

• $14.7 billion for operating expenses; • $3.9 billion for capital spending to acquire and maintain 

mission-related vessels, aircraft, facilities, and infrastructure; • $268 million for training reservists; • $75 million for research programs; and • $34 million for activities related to enforcing compliance 

with environmental regulations. 

Based on historical spending patterns for those activities, CBO estimates that implementing those provisions would cost $18.3 billion over the 2018–2022 period and an additional $0.7 billion after 

2022. 

In addition, CBO estimates that provisions of H.R. 2518 that 

would authorize the federal government to establish a new PNT 

system could affect other discretionary spending by federal agencies that might use it. For example, establishing such a system 

could affect agencies activities and costs related to other systems 

that provide signaling services. However, because the timing and 

magnitude of such impacts is highly uncertain, CBO has not included any such effects in this estimate. 

Direct spending and revenues 

Enacting the bill would increase net costs for developing a PNT 

system, decrease offsetting receipts from future auctions of the 

rights to use parts of the electromagnetic spectrum, and make 

other changes that would have insignificant effects on direct spending and revenues. 

31 

TABLE 2.—ESTIMATED CHANGES IN DIRECT SPENDING UNDER H.R. 2518 

By fiscal year, in millions of dollars— 

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

CHANGES IN DIRECT SPENDING 

Capital Spending for PNT System: 

Estimated Budget Authority ......................................................................... 0 200 0 0 0 0 0 0 0 0 0 200 200 Estimated Outlays ........................................................................................ 0 20 40 60 50 30 0 0 0 0 0 200 200 

Receipts from Revenue-Sharing Agreements: 

Estimated Budget Authority ......................................................................... 0 0 0 0 ¥5 ¥5 ¥10 ¥10 ¥15 ¥15 ¥20 ¥10 ¥80 

Estimated Outlays ........................................................................................ 0 0 0 0 ¥5 ¥5 ¥10 ¥10 ¥15 ¥15 ¥20 ¥10 ¥80 

Forgone Receipts from Spectrum Auctions: 

Estimated Budget Authority ......................................................................... 0 0 0 0 0 1 0 0 0 0 0 1 1 Estimated Outlays ........................................................................................ 0 0 0 0 0 1 0 0 0 0 0 1 1 Total Changes: 

Estimated Budget Authority ................................................................ 0 200 0 0 ¥5 ¥4 ¥10 ¥10 ¥15 ¥15 ¥20 191 121 

Estimated Outlays ............................................................................... 0 20 40 60 45 26 ¥10 ¥10 ¥15 ¥15 ¥20 191 121 

32 

Capital spending for PNT system. The federal government owns 

and operates the GPS, a satellite-based system that provides PNT 

signals to devices equipped with GPS receivers. The system currently provides continuous ‘‘Standard Positioning Services’’ to all 

users worldwide free of any direct user charges. It also provides 

‘‘Precise Positioning Services’’ to the U.S. military, federal agencies, 

and certain foreign governments. Entities throughout the public 

and private sectors rely heavily on GPS services for their daily operations and continuous PNT services are widely viewed as necessary for safeguarding critical infrastructure in the United States. 

Under current law, the federal government is investigating opportunities to develop technological capabilities to ensure the continuity of PNT services in the event of disruptions to GPS services. 

H.R. 2518 would authorize the Secretary of Homeland Security, 

in consultation with other federal agencies, to enter into a competitively awarded agreement with a nonfederal entity to establish and 

operate a land-based backup PNT system using technology known 

as eLORAN (enhanced long-range aids to navigation). The bill 

would specify some requirements for the proposed system, including that it use the existing infrastructure of the Coast Guard’s 

LORAN–C system and provide services to federal agencies for public purposes. (LORAN–C provided radio navigation services 

throughout the 48 continental states, their coastal areas, and parts 

of Alaska until the Coast Guard terminated the signal in 2010.) 

The terms of any cooperative agreement entered into pursuant to 

the bill—including details related to system specifications—are uncertain and ultimately would be determined by the Secretary, but 

H.R. 2518 outlines several key requirements that would have to be 

included. In particular, under such an agreement, the nonfederal 

entity would incur the upfront capital expenditures necessary to establish the system, and would have full access to (and the authority to improve) existing LORAN–C infrastructure (and the associated electromagnetic spectrum) for a minimum of 20 years. Subject 

to national security requirements and other conditions, the entity 

could market and sell PNT services to nonfederal parties, with the 

requirement that it share a portion of the revenue from such sales 

with the federal government. 

Budgetary treatment. H.R. 2518 specifies that the private entity 

chosen to develop the proposed PNT system would incur all capital 

expenses related to establishing it—effectively acting as an agent 

of the government. Typically in such situations, the entity borrows 

money in private capital markets to finance the project on behalf 

of a federal program as long as private financiers are confident 

that they will be repaid—through some form of long-term federal 

commitment. Under H.R. 2518, the government would commit to 

making federally owned infrastructure and spectrum resources 

available to the developer on a long-term basis. In addition, based 

on an analysis of information from federal agencies and industry 

experts, CBO expects the federal government would provide financial support for the program—for example, through a long-term 

agreement to purchase PNT services. Under the bill, the government would effectively assume the technological and financial risk 

of the project. Therefore, CBO considers the authority in H.R. 2518 

to be the equivalent of a federal acquisition carried out by a nonfederal entity. CBO considers such arrangements to be third-party 

33 

financing and treats the costs of those transactions as mandatory 

direct spending. 

In CBO’s view, the full cost of such long-term commitments that 

obligate the government to make payments in future years should 

be recorded in the budget upfront. Estimated outlays would be 

spread over the period of time when capital spending for the 

eLORAN system would occur, reflecting the expectation that federal commitments would support the acquisition of an asset that 

would be developed in accordance with federal specifications to suit 

federal purposes. 

Estimated federal costs. Because eLORAN is a relatively mature 

technology, the capital costs of equipment and associated support 

systems are reasonably well known. However, the cost of establishing a PNT system under H.R. 2518 is uncertain and would depend significantly on the system requirements specified by the federal government, the types of services provided, and the footprint 

of the service area. Based on information from federal agencies involved in the effort to explore potential PNT services, CBO estimates that capital costs could range from tens of millions to hundreds of millions of dollars. For example, we expect that the capital 

costs of establishing a system to provide backup timing services 

within the lower 48 states would be relatively modest because sufficient operational infrastructure probably still exists to support such 

a system. Expanding the system’s capabilities to provide positioning and navigation services could increase costs substantially, 

depending on the degree of accuracy required for such services. On 

the upper end, CBO expects that the costs to make necessary investments in decommissioned LORAN–C assets and deploy equipment to provide accurate and reliable positioning and navigation 

services throughout all 50 states could total between $400 million 

and $500 million. 

For this estimate, CBO assumes the capital costs of the PNT sys- tem established under the bill would total about $200 million—an 

amount that CBO expects would support a system capable of providing timing services throughout the lower 48 states as well as 

some positioning and navigation services. (Costs could be greater 

depending on the degree of accuracy that the federal government 

requires for positioning and navigation services.) We expect that 

capital spending to deploy that system would occur gradually, over 

about five years. 

Receipts from revenue sharing agreements. CBO also expects that 

the proposed eLORAN system would be a marketable asset that 

could generate significant income from private subscribers, particularly firms in the telecommunications, financial, energy, and transportation sectors. H.R. 2518 would specify that the cooperative 

agreement between the federal government and the eLORAN developer require the developer to share a portion of any proceeds it 

receives from commercial subscriptions for PNT services. CBO 

treats the federal share of such proceeds as offsetting receipts 

(which are treated as reductions in direct spending). The timing 

and magnitude of such receipts is uncertain and would depend on 

private firms’ interest in subscribing to PNT services. Their interest, in turn, would depend on a variety of business-related factors, 

including perceptions of their need for backup PNT services and 

the cost of equipping devices to receive signals from eLORAN. 

34 

The bill would require that the revenue-sharing agreement consider the private entity’s spending for capital investments and operating expenses. For this estimate, CBO expects that the federal 

share of receipts would be relatively modest over the 10-year period 

covered by this estimate because the eLORAN developer would 

likely retain a greater share of revenues to recover its costs of financing the system. Taking into account the magnitude of income 

from subscriptions that would be needed to cover CBO’s estimate 

of the developer’s capital and operating expenses, CBO estimates 

that receipts to the federal government would total $80 million 

over the 2018–2027 period. That estimate reflects the expectation 

that the federal government’s share of receipts would average between 5 percent and 10 percent annually. 

Forgone receipts from spectrum auctions. Under current law, the 

radio frequencies previously used for the federally owned LORAN– 

C system may be re-assigned for use by other federal systems, allocated for public use, or made available for commercial use through 

auctions conducted by the Federal Communications Commission 

(FCC). H.R. 2518 would transfer the rights to use that spectrum 

to the developers of the new network at no cost. CBO estimates 

that forgoing receipts from an auction of commercial licenses would 

reduce offsetting receipts by about $1 million over the 2018–2022 

period. That estimate reflects trends in the value of licenses for 

similar frequencies and the uncertainty surrounding the probability that the spectrum will be auctioned for commercial use before the FCC’s auction authority expires in 2022. 

Other provisions. CBO expects that enacting other provisions of 

H.R. 2518 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; 

• Permit the President to allow certain commissioned officers of the Coast Guard to retire after fewer years of active 

service; 

• Modify fees related to certificates of documentation for recreational vessels and authorize the agency to adjust fees 

charged for inspections of certain towing vessels; and 

• Establish civil and criminal penalties for violations of laws 

and regulations related to the safety of U.S. ports and waterways. 

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. 

35 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 2518 AS ORDERED REPORTED BY THE 

HOUSE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE ON MAY 24, 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-YouGo Impact ............. 0 20 40 60 45 26 ¥10 ¥10 ¥15 ¥15 ¥20 191 121 

Increase in long-term direct spending and deficits: CBO estimates that enacting H.R. 2518 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: H.R. 2518 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, respectively in 2017, adjusted annually for inflation). 

Mandates that apply to both public and private entities 

Increasing the end strength of the Coast Guard. Section 102 

would increase the costs of complying with existing intergovernmental and private-sector mandates by increasing the number of 

Coast Guard personnel on active-duty in 2019 relative to currently 

authorized levels. Those additional personnel would be eligible for 

existing protections under the Servicemembers Civil Relief Act 

(SCRA). 

SCRA allows servicemembers to maintain a single state of residence for purposes of paying state and local personal income taxes 

and to request deferrals for certain state and local fees. CBO estimates that the additional cost of those mandates on state and local 

governments would be small. 

SCRA also requires creditors to charge no more than 6 percent 

interest on loans that servicemembers acquired before they began 

active-duty service, and it allows courts to temporarily stay certain 

civil proceedings, such as evictions, foreclosures, and repossessions. 

The act also precludes creditors from using a servicemember’s personal assets to satisfy the member’s trade or business liability 

while he or she is in military service. The number of active-duty 

servicemembers covered by SCRA would increase by 1,500. 

Servicemembers’ utilization of the various provisions of the SCRA 

depends on a number of uncertain factors, including how often and 

how long they are deployed. However, because the increase in the 

number of active-duty servicemembers covered by SCRA would be 

so small, on balance CBO expects that the incremental cost of compliance for entities in the private sector also would be small. 

Requirements on drawbridge operators. The bill would impose an 

intergovernmental and private-sector mandate on drawbridge owners or operators by requiring those entities to notify the public of 

a temporary change to the operation of the drawbridge lasting six 

months or less. CBO estimates that the cost of complying with 

those reporting requirements would be small. 

36 

Mandates that apply to public entities only 

The bill would preempt state and local laws by allowing healthcare professionals to practice in states other than where they are 

licensed if they are members, employees, or contractors of the 

USCG performing authorized duties. Although the preemption 

would limit the application of state and local laws, it would impose 

no duty on state or local governments that would result in additional spending or a loss of revenues. 

Other effects on public entities 

The bill would benefit entities, such as state agencies and local 

maritime authorities, by authorizing the federal government to reimburse those entities for the costs of constructing maritime navigation aids through federally authorized navigation channels. The 

bill also would authorize the USCG to provide training to state, 

local, or tribal emergency response personnel, on a reimbursable or 

non-reimbursable basis, whenever the USCG determines that 

USCG staff cannot participate in scheduled trainings. Any costs incurred by public entities under training agreements with the 

USCG would result from voluntary commitments. 

Mandates that apply to private entities only 

The bill would impose a private-sector mandate on manufacturers of recreational vessels by requiring the installation of an engine 

cut-off switch on vessels less than 26 feet 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 less than $200,000. 

Previous CBO estimate: On May 30, 2017, CBO transmitted a 

cost estimate for S. 1129, the Coast Guard Authorization Act of 

2017, as ordered reported by the Senate Committee on Commerce, 

Science, and Transportation on May 18, 2017. Both bills would authorize appropriations for the USCG over the 2018 and 2019 period. Our estimate of discretionary outlays under H.R. 2518 is less 

than under S. 1129 because H.R. 2518 would authorize less funding. 

Estimate prepared by: Federal costs: Megan Carroll and Kathleen Gramp; Impact on state, local, and tribal governments: Jon 

Sperl; Impact on the private sector: Amy Petz. 

Estimate approved by: Theresa A. Gullo, Assistant Director for 

Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

With respect to the requirement of clause 3(c)(4) of rule XIII of 

the Rules of the House of Representatives, the performance goal 

and objective of this legislation is to authorize funding for the 

Coast Guard for fiscal years 2018 and 2019 at levels sufficient to 

maintain Coast Guard operational readiness and timelines for 

37 

major acquisition programs, and includes reforms to Coast Guard 

authorities and regulations governing certain maritime industries. 

ADVISORY OF EARMARKS

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, the Committee is required to include a list of congressional earmarks, limited tax benefits, or limited tariff benefits 

as defined in clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 

the House of Representatives. No provision in the bill includes an 

earmark, limited tax benefit, or limited tariff benefit under clause 

9(e), 9(f), or 9(g) of rule XXI. 

DUPLICATION OF FEDERAL PROGRAMS

Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that no provision of H.R. 

2518 establishes or reauthorizes a program of the federal government known to be duplicative of another federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public 

Law 111–139, or a program related to a program identified in the 

most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017), the 

Committee finds that sections 407 and 414 of H.R. 2518 require 

rule makings within the meaning of section 551 of title 5, United 

States Code. Section 407 requires the Secretary of the Department 

in which the Coast Guard is operating to issue a performancebased rule regarding alternative distress signals. Section 414 requires the Coast Guard to issue regulations requiring the installation of engine cut-off switches on certain recreational vessels. 

FEDERAL MANDATE STATEMENT

The Committee adopts as its own the estimate of federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 2518 does not preempt any state, local, or tribal law. 

ADVISORY COMMITTEE STATEMENT

No new advisory committees within the meaning of section 5(b) 

of the Federal Advisory Committee Act are created by this legislation. 

38 

APPLICABILITY OF LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Section 1. Short Title and Table of Contents 

(a) Short Title—cites the short title as ‘‘Coast Guard Authorization Act of 2017’’. 

(b) Table of Contents—lists the sections of the bill. 

TITLE I—AUTHORIZATIONS

Section 101. Authorization of appropriations 

This section amends section 2702 of title 14, United States Code, 

to authorize funding levels for the Coast Guard for fiscal years 

2018 and 2019. 

Section 102. Authorized levels of military strength and training 

This section amends section 2704 of title 14, United States Code, 

to authorize the levels of military strength and training for fiscal 

years 2018 and 2019. 

TITLE II—COAST GUARD

Section 201. Training; public safety personnel 

This section amends Chapter 7 of title 14, United States Code, 

to add a new section 155 which will authorize the Commandant to 

allow, on a reimbursable or non-reimbursable basis, non-Coast 

Guard public safety personnel to participate in training when a 

member of the Coast Guard is unavailable. Public safety personnel 

is defined as any federal, state (or political subdivision thereof), 

territorial, or tribal law enforcement officer, firefighter, or emergency response provider. 

Section 202. Commissioned service retirement 

This section allows the President to reduce the retirement requirement of at least 10 years of active service as a commissioned 

officer to eight years, for Coast Guard officers who retire in fiscal 

year 2017 or 2018. 

Section 203. Officer promotion zones 

This section amends section 256(a) of title 14, United States 

Code, to adjust the number of officers in a promotion zone pool to 

account for current levels of attrition. 

Section 204. Cross reference 

This section amends section 373(a) of title 14, United States 

Code, to insert ‘‘designated under section 371’’ after ‘‘cadet’’. 

39 

Section 205. Repeal 

This section repeals section 482 of title 14, United States Code. 

The Coast Guard does not use the authority for the issuance of 

clothing at the time of discharge. 

Section 206. Unmanned aircraft system 

This section requires the Secretary of the Department in which 

the Coast Guard is operating to establish a land-based unmanned 

aircraft system program that would be under the control of the 

Commandant of the Coast Guard. The section limits the type of 

system the Commandant can acquire during any fiscal year when 

funds are appropriated for Offshore Patrol Cutter design or construction. 

Section 207. Coast Guard health-care professionals; licensure portability 

This section amends Chapter 5 of title 14, United States Code, 

to include a new section 104. Section 104 allows a health-care professional to practice in any location of any state, the District of Columbia, or a Commonwealth, territory or possession of the United 

States, regardless of where the health-care professional or patient 

are located, as long as the practice is within the scope of the authorized federal duties of such health-care professional. The healthcare professionals must have a current license to practice medicine, 

osteopathic medicine, dentistry, or another health profession, and 

be performing authorized duties for the Coast Guard. 

Section 208. Incentive contracts for Coast Guard yard and industrial establishments 

This section amends section 648 of title 14, United States Code, 

to allow the parties to an order for industrial work to be performed 

by the Coast Guard Yard or a Coast Guard industrial establishment to enter into an order or a cost-plus-incentive-fee order. If the 

parties agree to one of the project order options, an agreed-upon 

amount of any adjustment may be distributed as an incentive to 

the wage-grade industrial employees who complete the order. 

Before entering into such order or cost-plus-incentive-fee order, 

the parties must agree that the wage-grade employees of the Coast 

Guard Yard or industrial establishment will take action to improve 

the delivery schedule or technical performance agreed to in the 

order. 

If the workforce of the Coast Guard Yard or the industrial establishment satisfies the performance target established in a chosen 

order the adjustment pursuant to the agreement shall be reduced 

by the agreed upon amount and distributed to the wage-grade industrial employees and the remainder of the adjustment credited 

to the appropriations for the order. 

Section 209. Maintaining cutters in class 

This section amends section 573(c)(3)(A) of title 14, United States 

Code, to include ‘‘and shall maintain such cutter in class’’. 

40 

Section 210. Congressional affairs; Director 

This section requires the Commandant to appoint a Director of 

Congressional Affairs from officers who serve in a grade above captain. 

Section 211. Contracting for major acquisition programs 

This section provides the Commandant of the Coast Guard with 

contracting authority for major acquisition programs. Contracting 

authorities include block buy, incremental funding, combined purchases, and multiyear contracts. 

This section also makes conforming amendments to repeal section 223 of P.L. 113–281 (14 United States Code 577 note), section 

221(a) of P.L. 113–281 (14 United States Code 573 note), and section 207 of P.L. 114–120 (14 United States Code 87 note). 

Section 212. National Security Cutter 

This section requires the Commandant of the Coast Guard, before certifying an eighth National Security Cutter as Ready for Operation, to provide a notification of a new standard method for 

tracking operational employment of Coast Guard major cutters that 

does not include time during which such cutter is a way from its 

homeport for maintenance or repair, and a report analyzing cost 

and performance for different approaches to achieving varied levels 

of operational tempos to the House Committee on Transportation 

and Infrastructure and the Senate Committee on Commerce, 

Science, and Transportation. 

This section makes conforming amendments to repeal section 

221(b) of the Coast Guard and Maritime Transportation Act of 

2012 and 204(c)(1) of the Coast Guard Authorization Act of 2015. 

Section 213. Radar refresher training 

This section removes the requirement for radar observer refresher training. The authority of section 11.480(f) of title 46 Code 

of Federal Regulations, as it was in effect before the day of enactment of this Act, would no longer have any force or effect. 

Section 214. Repeal 

This section amends section 676a(a) of title 14, United States 

Code, to repeal paragraph (2) removing the sunset date and 

reconfigures paragraph (1). 

Section 215. Extension of Authority 

This section extends the authority given to the Commandant of 

the Coast Guard to designate shortage category positions and use 

the authorities in section 3304 of title 5, United States Code, to recruit and appoint highly qualified people to the positions. The authority is extended for two years, fiscal years 2018 and 2019. 

Section 216. Authorization of amounts for Fast Response Cutters 

This section authorizes $165 million, within the levels authorized 

in the bill, for the acquisition of six Fast Response Cutters in addition to the 58 currently included in the acquisition baseline. The 

six additional cutters shall replace the six 110-foot cutters currently in Patrol Forces Southwest Asia. 

41 

Section 217. Authorization of amounts for ice trials of icebreaker 

vessels 

This section authorizes $3 million, within the levels authorized 

in the bill, for ice trials of icebreaker vessels. 

Section 218. Shoreside infrastructure 

This section authorizes authorization of $165 million per year, 

within the levels authorized in the bill, for un-met shore-side infrastructure needs which are now estimated to cost $1.6 billion. 

TITLE III—PORTS AND WATERWAYS SAFETY ACT

Section 301. Codification of Ports and Waterways Safety Act 

This section creates a new chapter 700, Port Safety, in title 46, 

United States Code. These provisions were previously included in 

the Ports and Waterways Safety Act. 

Section 302. Conforming amendments 

This section transfers a section of the Ports and Waterways Safety Act to section 3105 of title 46, United States Code. The section 

also states that except pursuant to an international treaty, convention, or agreement to which the United States is a party, this section shall not apply to any foreign vessel not destined for, or departing from, a port or place subject to the United States. This allows the foreign vessel innocent passage through the territorial sea 

of the United States or transit through navigable waters of the 

United States that form a part of an international strait. 

Section 303. Transitional and savings provisions 

This section defines ‘‘source provision’’ and ‘‘Title 46 provision’’. 

It also outlines that the transferred title 46 provisions are deemed 

to have been enacted on the date of enactment of the source provision it replaces. References to the source provisions are deemed to 

refer to the corresponding title 46 provision; any regulation referencing or implementing a source provision are deemed to refer to 

or implement the corresponding title 46 provision; and any action 

taken or offense committed under a source provision is deemed to 

have been taken or committed under the corresponding title 46 provision. 

Section 304. Rule of construction 

This section explains that this title, including any amendments, 

is intended to transfer provisions from the Ports and Waterways 

Safety Act. It should not be construed as altering: the effect of provisions in the Ports and Waterways Safety Act, or any authorities 

or requirements in such Act; a department or agency interpretation 

with respect to such Act; or any judicial interpretation with respect 

to such Act. 

Section 305. Advisory Committee: Repeal 

This section repeals section 18 of the Coast Guard Authorization 

Act of 1991. 

42 

TITLE IV—MARITIME TRANSPORTATION SAFETY

Section 401. Clarification of logbook entries 

This section amends section 11304 of title 46, United States 

Code, to strike ‘‘an official logbook, which’’ and inserts ‘‘a logbook’’. 

It also amends subsection (b) to include a new paragraph (3) which 

requires the logbook to include each illness of, and injury to, a seaman of the vessel, the nature of the illness or injury, and the medical treatment provided for the injury or illness. 

Section 402. Technical Corrections: licenses, certifications of registry, and merchant mariner documents 

This section clarifies terminology by amending the following sections of title 46, United States Code: 7106(b) to strike ‘‘merchant 

mariner’s document’’ and insert ‘‘license’’; section 7107(b) to strike 

‘‘merchant mariner’s document’’ to insert ‘‘certificate of registry’’; 

section 7507(b)(1) to strike ‘‘licenses and certificates of registry’’ 

and insert ‘‘merchant mariner’s documents’’; and section 7507(b)(2) 

to strike ‘‘merchant mariner’s document’’ to insert ‘‘license or certificate or registry.’’ 

Section 403. Numbering for undocumented barges 

This section amends section 12301(b) of title 46 United States 

Code, to strike ‘‘shall’’ and insert ‘‘may’’, thus making the authority 

discretionary. 

Section 404. Drawbridge deviation exemption 

This section amends the Act of August 18, 1894 (33 United 

States Code 499) to create an exemption for a change in schedule 

that governs the opening of a drawbridge that will be in effect for 

less than six months to not be subject to the rule making requirements of section 533 of title 5, United States Code. Instead, alternative requirements are created to require the Coast Guard to notify each six months or less schedule change through a notice to 

local mariners, broadcasts, or another method of notice the Secretary considers appropriate. It also requires the owner of the 

drawbridge to provide notice of such schedule changes to the general public through a newspaper of general circulation, the public 

office with jurisdiction over the roadway that abuts the approach 

to the bridge, and the law enforcement organization with authority 

over the roadway. 

Section 405. Deadline for compliance with alternate safety compliance programs 

This section amends section 4503(d)(1) of title 46, United States 

Code, to allow the Secretary, in cooperation with the commercial 

fishing industry, to prescribe an alternate safety compliance program that shall apply in lieu of requirements under section 

4502(b). The alternate safety compliance program would apply to 

any category of fishing vessels, fish processing vessels, or fish tender vessels that are at least 50 feet in overall length, built before 

July 1, 2013, and 25 years of age or older. 

New paragraph (2) requires the alternate safety compliance program to apply to a vessel after the later of January 1, 2020, or the 

end of the three year period beginning on the date on which the 

43 

Secretary prescribes the program. In the case of a vessel that undergoes a major conversion completed after July 1, 2013, or the 

date the Secretary establishes standards for the alternate safety 

compliance program, upon the completion of the conversion. 

A conforming amendment is made to 4502(b) of title 46, United 

States Code, by inserting ‘‘and subject to section 4503(d),’’ after ‘‘In 

addition to the requirements of subsection (a) of this section,’’. 

Section 406. Authorization for marine debris program 

This section authorizes funding for Coast Guard marine debris 

functions at $2 million and limits administrative costs to 10 percent. 

Section 407. Alternative distress signals 

This section requires the Secretary of the department in which 

the Coast Guard is operating, not later than one year after the date 

of enactment of this Act, to issue a rule that establishes a performance standard for distress signals. Not later than 180 days after 

issuing such rule, the Secretary is required to update the Code of 

Federal Regulations to authorize the use of distress signals. 

Section 408. Atlantic Coast Port Access Route Study recommendations 

This section requires, not later than 30 days after the date of enactment of this Act, the Commandant of the Coast Guard to notify 

the House Committee on Transportation and Infrastructure and 

the Senate Committee on Commerce, Science, and Transportation 

of action taken to carry out the recommendation contained in the 

final report Atlantic Coast Port Access Route Study published 

March 14, 2016. 

Section 409. Documentation of recreational vessels 

This section would allow Coast Guard personnel performing nonrecreational vessel documentation functions to perform recreational 

vessel documentation functions in any fiscal year where there is a 

backlog of applications for recreational vessel documentation, when 

operating expenses funds may not be used for expenses incurred for 

recreational vessel documentation, and when fees collected from 

owners of yachts and credited to such use are insufficient to pay 

the expenses of recreational vessel documentation. 

Section 410. Certificates of documentation for recreational vessels 

This section amends section 12114 of title 46, United States 

Code, to make the provision allowing recreational endorsements for 

a vessel to be effective for five years. This section would have the 

endorsement terminate after a 30 day period if the owner does not 

notify the Coast Guard of changes in information required for the 

endorsement within the 30 day window. The section does not limit 

the authority of a state or local authority to take action to address 

abandoned and derelict vessels. This section also authorizes the 

collection of a fee for issuance of recreational vessel certificates of 

documentation. 

44 

Section 411. Backup Global Positioning System 

This section requires the Secretary of the Department in which 

the Coast Guard is operating, in consultation with the Secretary of 

Transportation, to provide for the establishment, sustainment, and 

operation of a reliable land-based enhanced LORAN, or eLORAN, 

positioning, navigation, and timing system. The system would provide a compliment to, or backup for, the Global Positioning System. 

It would ensure the availability of uncorrupted and non-degraded 

positioning, navigation, and timing signals for military and civilian 

users in the event the global system signals are corrupted, degraded, unreliable, or otherwise unavailable. It also authorizes the 

use of non-federal entities, through cooperative agreements with 

the Coast Guard, for the development of a backup system for the 

Global Positioning System. 

The Committee is very concerned about the lack of progress 

made by the Departments of Homeland Security, Defense, and 

Transportation toward the establishment of a backup system for 

GPS. The disruption or failure of our nation’s GPS system could 

have catastrophic consequences on the safety of the transportation 

system. The Committee understands there is considerable interest 

in the private sector in establishing a GPS backup system and encourages the Coast Guard to use its existing authority to enter into 

a cooperative agreement with the private sector to install and operate such a system. 

Section 412. Waters deemed not navigable waters of the United 

States for certain purposes 

This section provides regulatory relief for the mule-powered vessel Volunteer (Hull Number CCA4108) on the Illinois and Michigan 

Canal. 

Section 413. Uninspected passenger vessels in St. Louis County, 

Minnesota 

This section provides regulatory relief for certain passenger vessels on Crane Lake in St. Louis County, Minnesota. 

Section 414. Engine cut-off switch requirements 

This section requires the Coast Guard to issue regulations requiring the installation of engine cut-off switches, in compliance 

with the American Boat and Yacht Standard A–33, on recreational 

vessels less than 26 feet in overall length. The section also allows 

the Coast Guard, through the National Boating Safety Advisory 

Council, to initiate a boating safety education program on the use 

and benefit of cut-off switches for recreational vessels. 

Section 415. Analysis of commercial fishing vessel classification requirements 

This section requires the Coast Guard to analyze the implementation of section 4503 of title 46, United States Code, to determine 

the average costs on vessel owners to comply with section 4503 and 

the impact the requirements of section 4503 are having on commercial fishing safety. 

45 

TITLE V—MISCELLANEOUS

Section 501. Repeal 

This section repeals subsection (h) of section 888 of the Homeland Security Act of 2002. 

Section 502. Reimbursements for non-federal construction costs of 

certain private aids-to-navigation 

This section would allow the Commandant, subject to appropriations, to reimburse a non-federal entity for costs incurred by the 

entity to construct and establish an aid to navigation authorized in 

title I of P.L. 110–114 that facilitates safe and efficient marine 

transportation on a federally authorized navigation channel. The 

section provides specific conditions under which the Commandant 

can reimburse an entity, it limits reimbursements for a single 

project at $5,000,000, and the authority expires four years after the 

date of enactment of the bill. 

Section 503. Corrections to provisions enacted by Coast Guard Authorization Acts 

This section amends section 604(b) of the Howard Coble Coast 

Guard and Maritime Authorization Act of 2014 to insert ‘‘and fishery endorsement’’ after ‘‘endorsement’’. 

Section 504. Ship Shoal Lighthouse transfer; Repeal 

This section puts a sunset date of January 1, 2021, in section 27 

of the Coast Guard Authorization Act of 1991. 

Section 505. Coast Guard maritime domain awareness 

This section requires the Coast Guard to enter into an arrangement with the National Academy of Sciences, under which the 

Academy will prepare an assessment on existing and emerging unmanned technologies that can be used by the Coast Guard in the 

maritime domain for a number of Coast Guard purposes. The Academy must also analyze how the use of new and emerging maritime 

domain awareness technologies can assist the Coast Guard to carry 

out its missions at lower costs, expand the scope and range of the 

Service’s maritime domain awareness, and use its personnel and 

assets more efficiently, and identify adjustments in any Coast 

Guard policies, procedures, and protocols to incorporate these technologies. 

Section 506. Towing safety management system fees 

The Commandant of the Coast Guard is required to review and 

compare the costs of inspections performed by the Service and by 

a third party. If the Commandant determines there is a difference 

in the fee costs, the Commandant is required to revise the fee 

structure to conform to the requirements under section 9701 of title 

31, United States Code, that the costs of the fees accurately reflect 

the costs of administering the inspections. 

Section 507. Oil spill disbursements auditing and report 

This section modifies an existing Oil Spill Liability Trust Fund 

audit requirement being conducted by the Government Accountability Office and moves the requirement to the Coast Guard to be 

46 

reported through an existing report. It further requires the Coast 

Guard to submit information on disbursements from the Fund for 

removal costs and damages totaling more than $500,000 to Congress. 

Section 508. Land exchange, Ayakulik Island, Alaska 

This section authorizes a land exchange between the owner of 

the Ayakulik Island and the Secretary of the Interior. The Secretary of the Interior would receive Ayakulik Island, a bird rookery, for the transfer of a tract of submerged lands in Womens Bay, 

Alaska. It is roughly a one-to-one acre land exchange. The Coast 

Guard will be given the opportunity to apply operational restrictions on the tract of submerged lands to ensure they can effectively 

continue Service operations in Womens Bay. 

Section 509. Vessel response plans in the Arctic 

This section prohibits the Secretary of the department in which 

the Coast Guard is operating from approving vessel response plans 

in the Alaska Captain of the Port zone that includes the Arctic, unless certain verifications can be made. The Secretary has to verify 

that equipment in a response plan has been tested and proven capable and any oil spill removal organization has records of training 

for equipment operators and conducts an exercise at least once 

every three years. The Secretary can waive the full equipment deployment exercise if equipment was deployed in an active response. 

A report is required on the assets available for a response and the 

location of the equipment, among other items. 

Section 510. Assessment of public comments on additional anchorages on the Hudson River 

This section requires the Commandant of the Coast Guard to assess the public comments it received regarding the establishment 

of additional anchorages on the Hudson River between Yonkers, 

New York and Kingston, New York. The Service is required to 

issue a report to the House Transportation and Infrastructure 

Committee and the Senate Commerce, Science, and Transportation 

Committee regarding concerns raised by public comments and how 

the Service responded to such concerns. The Coast Guard cannot 

establish new anchorages until 180 days after submission of the report. 

Section 511. Public safety answering points and maritime search 

and rescue coordination. 

This section requires the Secretary of the department in which 

the Coast Guard is operating to review Coast Guard policy and procedures for public safety answering points and search and rescue 

coordination with State and local law enforcement entities. The review should look to minimize the possibility that 911 calls being 

improperly routed and assure the Service can effectively carry out 

its maritime search and rescue mission. The Commandant of the 

Coast Guard is required to formulate a national maritime public 

safety answering points policy and submit a report to Congress. 

47 

Section 512. Documentation of ‘‘America’s Finest’’ 

This section allows the Coast Guard to issue a certificate of documentation with a coastwise and a fishery endorsement for the fishing vessel AMERICA’S FINEST (United States official number 

1276760). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, 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 matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, 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 matter is printed in italics, 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 14, UNITED STATES CODE 

* * * * * * * 

PART I—REGULAR COAST GUARD 

* * * * * * * 

CHAPTER 3—COMPOSITION AND ORGANIZATION 

Sec. 

41. Grades and ratings. 

* * * * * * * 

61. Unmanned aircraft system. 

62. Congressional Affairs; Director. 

* * * * * * * 

§ 61. Unmanned aircraft system 

(a) IN GENERAL.—Subject to the availability of appropriations 

and to subsection (b), the Secretary of the department in which the 

Coast Guard is operating shall establish a land-based unmanned 

aircraft system program under the control of the Commandant of 

the Coast Guard. 

(b) LIMITATIONS.— 

(1) IN GENERAL.—During any fiscal year for which funds are 

appropriated for the design or construction of the Offshore Patrol Cutter, the Commandant— 

(A) may not award a contract for design of an unmanned 

aircraft system for use by the Coast Guard; and 

(B) may acquire an unmanned aircraft system only if 

such a system— 

(i) has been part of a program of record, procured by, 

or used by, the Department of Defense or the DepartVerDate Sep 11 2014 05:34 Jun 28, 2017 Jkt 069006 PO 00000 Frm 00047 Fmt 6659 Sfmt 6603 E:\HR\OC\HR194.XXX HR194
48 

ment of Homeland Security, or a component thereof, 

before the date on which the Commandant acquires the 

system; and 

(ii) is acquired by the Commandant through an 

agreement with such a department or component, unless the unmanned aircraft system can be obtained at 

less cost through independent contract action. 

(2) LIMITATIONS ON APPLICATION.— 

(A) SMALL UNMANNED AIRCRAFT.—Paragraph (1)(B) does 

not apply to small unmanned aircraft. 

(B) PREVIOUSLY FUNDED SYSTEMS.—Subsection (b) does 

not apply to the design or acquisition of an unmanned aircraft system for which funds for research, development, test, 

and evaluation have been received from the Department of 

Defense or the Department of Homeland Security. 

(c) DEFINITIONS.—In this section each of the terms ‘‘small unmanned aircraft’’ and ‘‘unmanned aircraft system’’ has the meaning 

that term has in section 331 of the FAA Modernization and Reform 

Act of 2012 (49 U.S.C. 40101 note). 

§ 62. Congressional affairs; director 

The Commandant shall appoint a Director of Congressional Affairs from among officers of the Coast Guard who are in a grade 

above captain. 

* * * * * * * 

CHAPTER 5—FUNCTIONS AND POWERS 

Sec. 

81. Aids to navigation authorized. 

* * * * * * * 

104. Coast Guard health-care professionals; licensure portability. 

* * * * * * * 

§ 104. Coast Guard health-care professionals; licensure portability 

(a) Notwithstanding any law regarding the licensure of healthcare providers, a health-care professional described in subsection (b) 

may practice the health profession or professions of the health-care 

professional at any location in any State, the District of Columbia, 

or a Commonwealth, territory, or possession of the United States, 

regardless of where such health-care professional or the patient are 

located, if the practice is within the scope of the authorized Federal 

duties of such health-care professional. 

(b) A health-care professional described in this subsection is an 

individual— 

(1) who is— 

(A) a member of the Coast Guard; 

(B) a civilian employee of the Coast Guard; 

(C) a member of the Public Health Service who is assigned to the Coast Guard; 

(D) a personal services contractor under section 1091 of 

title 10; or 

49 

(E) any other health-care professional credentialed and 

privileged at a Federal health-care institution or location 

specially designated by the Secretary; and 

(2) who— 

(A) has a current license to practice medicine, osteopathic 

medicine, dentistry, or another health profession; and 

(B) is performing authorized duties for the Coast Guard. 

(c) In this section each of the terms ‘‘license’’ and ‘‘health-care professional’’ has the meaning that term has in section 1094(e) of title 

10. 

* * * * * * * 

CHAPTER 7—COOPERATION WITH OTHER AGENCIES 

Sec. 

141. Cooperation with other agencies, States, territories, and political subdivisions. 

* * * * * * * 

155. Training; public safety personnel. 

* * * * * * * 

§ 155. Training; public safety personnel 

(a) IN GENERAL.—The Commandant may, on a reimbursable or 

a non-reimbursable basis, make training available to public safety 

personnel whenever the Commandant determines that— 

(1) a member of the Coast Guard, who is scheduled to participate in such training, is unable or unavailable to participate in 

such training; 

(2) no other member of the Coast Guard, who is assigned to 

the unit to which the member of the Coast Guard who is unable 

or unavailable to participate in such training is assigned, is 

able or available to participate in such training; and 

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

(b) DEFINITION.—For the purposes of this section, the term ‘‘public 

safety personnel’’ includes any Federal, State (or political subdivision thereof), territorial, or tribal law enforcement officer, firefighter, or emergency response provider. 

(c) TREATMENT OF REIMBURSEMENT.—Any reimbursements 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 OF TRAINED PERSONNEL; LIMITATION ON LIABILITY.— 

(1) STATUS.—Any public safety personnel to whom training is 

made available under this section who is not otherwise a Federal employee shall not, because of that training, be considered 

a Federal employee for any purpose (including the purposes of 

chapter 81 of title 5 (relating to compensation for injury)) and 

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

(2) LIMITATION ON LIABILITY.—The United States shall not be 

liable for actions taken by such personnel in the course of training made available under this section. 

* * * * * * * 

50 

CHAPTER 11—PERSONNEL 

* * * * * * * 

SUBCHAPTER —OFFICERS 

* * * * * * * 

B. SELECTION FOR PROMOTION 

* * * * * * * 

§ 256. Promotion zones 

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

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

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

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

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

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

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

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

(1) the needs of the service; 

(2) the estimated numbers of vacancies available in future 

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

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

conform to a desirable career promotion pattern. 

However, such number of officers shall not exceed the number to 

be selected for promotion divided by øsix-tenths.¿ 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. 

* * * * * * * 

SUBCHAPTER —ENLISTED MEMBERS 

* * * * * * * 

§ 373. Aviation cadets; appointment as Reserve officers 

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

the eligibility requirements of section 2003 of title 10 for designation as a naval aviator may be appointed an 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. 

* * * * * * * 

CHAPTER 13—PAY, ALLOWANCES, AWARDS, AND OTHER 

RIGHTS AND BENEFITS 

Sec. 

51 

461. Remission of indebtedness. 

* * * * * * * 

ø482. Clothing at time of discharge for good of service.¿ 

* * * * * * * 

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

øEnlisted members discharged for bad conduct, undesirability, 

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

clothing not to exceed $30, per person.¿ 

* * * * * * * 

CHAPTER 15—ACQUISITIONS 

SUBCHAPTER I—GENERAL PROVISIONS 

Sec. 

561. Acquisition directorate. 

* * * * * * * 

SUBCHAPTER II—IMPROVED ACQUISITION PROCESS AND PROCEDURES 

* * * * * * * 

580. Contracting for major acquisitions programs. 

* * * * * * * 

SUBCHAPTER I—GENERAL PROVISIONS 

* * * * * * * 

§ 564. Prohibition on use of lead systems integrators 

(a) IN GENERAL.— (1) USE OF LEAD SYSTEMS INTEGRATOR.—The Commandant 

may not use a private sector entity as a lead systems integrator. 

(2) FULL AND OPEN COMPETITION.—The Commandant shall 

use full and open competition for any acquisition contract unless otherwise excepted in accordance with Federal acquisition 

laws and regulations promulgated under those laws, including 

the Federal Acquisition Regulation. 

(3) NO EFFECT ON SMALL BUSINESS ACT.—Nothing in this 

subsection shall be construed to supersede or otherwise affect 

the authorities provided by and under the Small Business Act 

(15 U.S.C. 631 et seq.). 

(b) LIMITATION ON FINANCIAL INTEREST IN SUBCONTRACTORS.— 

Neither an entity performing lead systems integrator functions for 

a Coast Guard acquisition nor a Tier 1 subcontractor for any acquisition may have a financial interest in a subcontractor below the 

Tier 1 subcontractor level unless— 

(1) the subcontractor was selected by the prime contractor 

through full and open competition for such procurement; 

(2) the procurement was awarded by an entity performing 

lead systems integrator functions or a subcontractor through 

full and open competition; 

(3) the procurement was awarded by a subcontractor through 

a process over which the entity performing lead systems inteVerDate Sep 11 2014 05:34 Jun 28, 2017 Jkt 069006 PO 00000 Frm 00051 Fmt 6659 Sfmt 6602 E:\HR\OC\HR194.XXX HR194
52 

grator functions or a Tier 1 subcontractor exercised no control; 

or 

(4) the Commandant has determined that the procurement 

was awarded in a manner consistent with Federal acquisition 

laws and regulations promulgated under those laws, including 

the Federal Acquisition Regulation. 

ø(c) ACQUISITION OF UNMANNED AERIAL SYSTEMS.— ø(1) IN GENERAL.—During any fiscal year for which funds are 

appropriated for the design or construction of the Offshore Patrol Cutter, the Commandant— 

ø(A) may not award a contract for design of an unmanned aerial system for use by the Coast Guard; and 

ø(B) may acquire an unmanned aerial system only— 

ø(i) if such a system has been acquired by, or has 

been used by, the Department of Defense or the Department of Homeland Security, or a component thereof, before the date on which the Commandant acquires 

the system; and 

ø(ii) through an agreement with such a department 

or component, unless the unmanned aerial system can 

be obtained at less cost through independent contract 

action. 

ø(2) LIMITATIONS ON APPLICATION.— ø(A) SMALL UNMANNED AERIAL SYSTEMS.—The limitations in paragraph (1)(B) do not apply to any small unmanned aerial system that consists of— 

ø(i) an unmanned aircraft weighing less than 55 

pounds on takeoff, including all components and 

equipment on board or otherwise attached to the aircraft; and 

ø(ii) associated elements (including communication 

links and the components that control such aircraft) 

that are required for the safe and efficient operation 

of such aircraft. 

ø(B) PREVIOUSLY FUNDED SYSTEMS.—The limitations in 

paragraph (1) do not apply to the design or acquisition of 

an unmanned aerial system for which funds for research, 

development, test, and evaluation have been received from 

the Department of Defense or the Department of Homeland Security¿ 

* * * * * * * 

SUBCHAPTER II—IMPROVED ACQUISITION PROCESS AND 

PROCEDURES 

* * * * * * * 

§ 573. Preliminary development and demonstration 

(a) IN GENERAL.—The Commandant shall ensure that developmental test and evaluation, operational test and evaluation, lifecycle cost estimates, and the development and demonstration requirements applied by this chapter to acquisition projects and programs are met to confirm that the projects or programs meet the 

requirements identified in the mission-analysis and affordability 

assessment prepared under section 571(a)(2), the operational reVerDate Sep 11 2014 05:34 Jun 28, 2017 Jkt 069006 PO 00000 Frm 00052 Fmt 6659 Sfmt 6602 E:\HR\OC\HR194.XXX HR194
53 

quirements developed under section 572(a)(1) and the following development and demonstration objectives: 

(1) To demonstrate that the design, manufacturing, and production solution is based upon a stable, producible, and costeffective product design. 

(2) To ensure that the product capabilities meet contract 

specifications, acceptable operational performance requirements, and system security requirements. 

(3) To ensure that the product design is mature enough to 

commit to full production and deployment. 

(b) TESTS AND EVALUATIONS.— (1) IN GENERAL.—The Commandant shall ensure that the 

Coast Guard conducts developmental tests and evaluations and 

operational tests and evaluations of a capability or asset and 

the subsystems of the capability or asset in accordance with 

the master plan prepared for the capability or asset under section 572(d)(1). 

(2) USE OF THIRD PARTIES.—The Commandant shall ensure 

that the Coast Guard uses independent third parties with expertise in testing and evaluating the capabilities or assets and 

the subsystems of the capabilities or assets being acquired to 

conduct developmental tests and evaluations and operational 

tests and evaluations whenever the Coast Guard lacks the capability to conduct the tests and evaluations required by a 

master plan. 

(3) COMMUNICATION OF SAFETY CONCERNS.—The Commandant shall require that safety concerns identified during 

developmental or operational tests and evaluations or through 

independent or Government-conducted design assessments of 

capabilities or assets and subsystems of capabilities or assets 

to be acquired by the Coast Guard shall be communicated as 

soon as practicable, but not later than 30 days after the completion of the test or assessment event or activity that identified the safety concern, to the program manager for the capability or asset and the subsystems concerned and to the Chief 

Acquisition Officer. 

(4) REPORTING OF SAFETY CONCERNS.—Any safety concerns 

that have been reported to the Chief Acquisition Officer for an 

acquisition program or project shall be reported by the Commandant to the appropriate congressional committees at least 

90 days before the award of any contract or issuance of any delivery order or task order for low, initial, or full-rate production 

of the capability or asset concerned if they will remain uncorrected or unmitigated at the time such a contract is awarded 

or delivery order or task order is issued. The report shall include a justification for the approval of that level of production 

of the capability or asset before the safety concerns are corrected or mitigated. The report shall also include an explanation of the actions that will be taken to correct or mitigate 

the safety concerns, the date by which those actions will be 

taken, and the adequacy of current funding to correct or mitigate the safety concerns. 

(5) ASSET ALREADY IN LOW, INITIAL, OR FULL-RATE PRODUCTION.—If operational test and evaluation of a capability or 

asset already in low, initial, or full-rate production identifies a 

54 

safety concern with the capability or asset or any subsystems 

of the capability or asset not previously identified during developmental or operational test and evaluation, the Commandant 

shall— 

(A) notify the program manager and the Chief Acquisition Officer of the safety concern as soon as practicable, 

but not later than 30 days after the completion of the test 

and evaluation event or activity that identified the safety 

concern; and 

(B) notify the Chief Acquisition Officer and include in 

such notification— 

(i) an explanation of the actions that will be taken 

to correct or mitigate the safety concern in all capabilities or assets and subsystems of the capabilities or assets yet to be produced, and the date by which those 

actions will be taken; 

(ii) an explanation of the actions that will be taken 

to correct or mitigate the safety concern in previously 

produced capabilities or assets and subsystems of the 

capabilities or assets, and the date by which those actions will be taken; and 

(iii) an assessment of the adequacy of current funding to correct or mitigate the safety concern in capabilities or assets and subsystems of the capabilities or 

assets and in previously produced capabilities or assets and subsystems. 

(c) TECHNICAL CERTIFICATION.— (1) IN GENERAL.—The Commandant shall ensure that any 

Level 1 or Level 2 acquisition project or program is certified by 

the technical authority of the Coast Guard after review by an 

independent third party with capabilities in the mission area, 

asset, or particular asset component. 

(2) TEMPEST TESTING.—The Commandant shall— 

(A) cause all electronics on all aircraft, surface, and 

shore capabilities and assets that require TEMPEST certification and that are delivered after the date of enactment of the Coast Guard Authorization Act of 2010 to be 

tested in accordance with TEMPEST standards and communications security (comsec) standards by an independent third party that is authorized by the Federal Government to perform such testing; and 

(B) certify that the assets meet all applicable TEMPEST 

requirements. 

(3) CUTTER CLASSIFICATION.— 

ø(A) IN GENERAL.—¿The Commandant shall cause each 

cutter, other than a National Security Cutter, acquired by 

the Coast Guard and delivered after the date of enactment 

of the Coast Guard Authorization Act of 2010 to be classed 

by the American Bureau of Shipping before final acceptance and shall maintain such cutter in class. (4) OTHER VESSELS.—The Commandant shall cause the design and construction of each National Security Cutter, other 

than National Security Cutters 1, 2, and 3, to be assessed by 

an independent third party with expertise in vessel design and 

construction certification. 

55 

(5) AIRCRAFT AIRWORTHINESS.—The Commandant shall cause 

all aircraft and aircraft engines acquired by the Coast Guard 

and delivered after the date of enactment of the Coast Guard 

Authorization Act of 2010 to be assessed for airworthiness by 

an independent third party with expertise in aircraft and aircraft engine certification before final acceptance. 

* * * * * * * 

§ 580. Contracting for major acquisitions programs 

(a) IN GENERAL.—The Commandant of the Coast Guard may 

enter into contracts for major acquisition programs. 

(b) AUTHORIZED METHODS.—Such contracts— 

(1) may be block buy contracts; 

(2) may be incrementally funded; 

(3) may include combined purchases, also known as economic 

order quantity purchases, of— 

(A) materials and components; and 

(B) long lead time materials; and 

(4) may be multiyear contracts that comply with section 

2306b of title 10. 

(c) SUBJECT TO APPROPRIATIONS.—Any contract entered into 

under subsection (a) shall provide that any obligation of the United 

States to make a payment under the contract is subject to the availability of amounts specifically provided in advance for that purpose 

in subsequent appropriations Acts. 

* * * * * * * 

CHAPTER 17—ADMINISTRATION 

* * * * * * * 

§ 648. Accounting for industrial work 

(a) IN GENERAL.—The Secretary may prescribe regulations governing accounting for industrial work, including charges for overhead for civilian labor and for maintenance of industrial plant and 

equipment, performed at the Coast Guard Yard or such similar 

Coast Guard industrial establishments as he may designate. Any 

orders placed for such industrial work shall be covered by a transfer or advance of funds to cover the estimated cost thereof, and 

shall be credited to such accounts as may be necessary and established by the Secretary to carry out the provisions of this section. 

Accounts so established shall be available for materials, supplies, 

or equipment, and civilian labor, including overhead and maintenance, required in performing the work ordered. Upon completion 

of an order an adjustment will be made to make the amount transferred or advanced equal to the actual cost as computed in accordance with the accounting regulations prescribed by the Secretary or 

in accordance with subsection (b). 

(b) INCENTIVE CONTRACTS.— 

(1) The parties to an order for industrial work to be performed by the Coast Guard Yard or a Coast Guard industrial 

establishment designated under subsection (a) may enter into 

an order or a cost-plus-incentive-fee order in accordance with 

this subsection. 

56 

(2) If such parties enter into such an order or a cost-plus-incentive-fee order, an agreed-upon amount of any adjustment described in subsection (a) may be distributed as an incentive to 

the wage-grade industrial employees who complete the order. 

(3) Before entering into such an order or cost-plus-incentivefee order such parties must agree that the wage-grade employees 

of the Coast Guard Yard or Coast Guard industrial establishment will take action to improve the delivery schedule or technical performance agreed to in the order for industrial work to 

which such parties initially agreed. 

(4) Notwithstanding any other provision of law, if the industrial workforce of the Coast Guard Yard or such Coast Guard 

industrial establishment satisfies the performance target established in such an order or cost-plus-incentive-fee order— 

(A) the adjustment to be made pursuant to this subsection shall be reduced by such agreed-upon amount and 

distributed to such wage-grade industrial employees; and 

(B) the remainder of the adjustment shall be credited to 

the appropriation for such order current at that time. 

* * * * * * * 

§ 676a. Air facility closures 

(a) PROHIBITION.— 

ø(1) IN GENERAL.—¿The Coast Guard may not— 

ø(A)¿ (1) close a Coast Guard air facility that was in operation on November 30, 2014; or 

ø(B)¿ (2) retire, transfer, relocate, or deploy an aviation asset 

from an air facility described in øsubparagraph (A)¿ paragraph 

(1) for the purpose of closing such facility. 

ø(2) SUNSET.—Paragraph (1) shall have no force or effect beginning on the later of— 

ø(A) January 1, 2018; or 

ø B) the date on which the Secretary submits to the Committee on Transportation and Infrastructure of the House of 

Representatives, and to the Committee on Commerce, Science, 

and Transportation of the Senate, rotary wing strategic plans 

prepared in accordance with section 208(b) of the Coast Guard 

Authorization Act of 2016.¿ 

(b) CLOSURES.— (1) IN GENERAL.—Beginning on January 1, 2018, the Secretary may not close a Coast Guard air facility, except as specified by this section. 

(2) DETERMINATIONS.—The Secretary may not propose closing or terminating operations at a Coast Guard air facility unless the Secretary determines that— 

(A) remaining search and rescue capabilities maintain 

the safety of the maritime public in the area of the air facility; 

(B) regional or local prevailing weather and marine conditions, including water temperatures or unusual tide and 

current conditions, do not require continued operation of 

the air facility; and 

(C) Coast Guard search and rescue standards related to 

search and response times are met. 

57 

(3) PUBLIC NOTICE AND COMMENT.—Prior to closing an air facility, the Secretary shall provide opportunities for public comment, including the convening of public meetings in communities in the area of responsibility of the air facility with regard to the proposed closure or cessation of operations at the 

air facility. 

(4) NOTICE TO CONGRESS.—Prior to closure, cessation of operations, or any significant reduction in personnel and use of a 

Coast Guard air facility that is in operation on or after December 31, 2015, the Secretary shall— 

(A) submit to the Congress a proposal for such closure, 

cessation, or reduction in operations along with the budget 

of the President submitted to Congress under section 

1105(a) of title 31 for the fiscal year in which the action 

will be carried out; and 

(B) not later than 7 days after the date a proposal for 

an air facility is submitted pursuant to subparagraph (A), 

provide written notice of such proposal to each of the following: 

(i) Each member of the House of Representatives 

who represents a district in which the air facility is located. 

(ii) Each member of the Senate who represents a 

State in which the air facility is located. 

(iii) Each member of the House of Representatives 

who represents a district in which assets of the air facility conduct search and rescue operations. 

(iv) Each member of the Senate who represents a 

State in which assets of the air facility conduct search 

and rescue operations. 

(v) The Committee on Appropriations of the House 

of Representatives. 

(vi) The Committee on Transportation and Infrastructure of the House of Representatives. 

(vii) The Committee on Appropriations of the Senate. 

(viii) The Committee on Commerce, Science, and 

Transportation of the Senate. 

(c) OPERATIONAL FLEXIBILITY.—The Secretary may implement 

any reasonable management efficiencies within the air station and 

air facility network, such as modifying the operational posture of 

units or reallocating resources as necessary to ensure the safety of 

the maritime public nationwide. 

* * * * * * * 

PART III—COAST GUARD AUTHORIZATIONS 

AND REPORTS TO CONGRESS 

* * * * * * * 

CHAPTER 27—AUTHORIZATIONS 

* * * * * * * 

58 

§ 2702. Authorization of appropriations 

Funds are authorized to be appropriated for each of øfiscal years 

2016 and 2017¿ 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— 

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

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

(A) $7,263,698,328 for fiscal year 2018; and 

(B) $7,452,554,484 for fiscal year 2019. 

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

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

equipment— 

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

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

(A) $1,945,000,000 for fiscal year 2018; and 

(B) $1,945,000,000 for fiscal year 2019. 

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

costs, equipment, and services— 

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

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

(A) $134,237,000 for fiscal year 2018; and 

(B) $134,237,000 for fiscal year 2019. 

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

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

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

(A) $16,701,000 for fiscal year 2018; and 

(B) $16,701,000 for fiscal year 2019. 

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

human factors directly related to improving the performance of 

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

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

rehabilitation, lease, and operation of facilities and equipment— 

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

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

(A) $37,263,294 for fiscal year 2018; and 

(B) $38,232,140 for fiscal year 2019. 

* * * * * * * 

§ 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 øfor each 

of fiscal years 2016 and 2017¿ for fiscal year 2018 and an end-ofyear strength for such personnel of 44,500 for fiscal year 2019. 

59 

(b) MILITARY TRAINING STUDENT LOADS.—The Coast Guard is authorized average military training student loads for each of øfiscal 

years 2016 and 2017¿ 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. 

* * * * * * * 

PUBLIC LAW 113-281 

* * * * * * * 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is the following: 

* * * * * * * 

TITLE II—COAST GUARD 

* * * * * * * 

øSec. 223. Multiyear procurement authority for Offshore Patrol Cutters.¿ 

* * * * * * * 

TITLE II—COAST GUARD 

* * * * * * * 

øSEC. 223. MULTIYEAR PROCUREMENT AUTHORITY FOR OFFSHORE 

PATROL CUTTERS. 

øIn fiscal year 2015 and each fiscal year thereafter, the Secretary 

of the department in which the Coast Guard is operating may enter 

into, in accordance with section 2306b of title 10, United States 

Code, multiyear contracts for the procurement of Offshore Patrol 

Cutters and associated equipment.¿ 

* * * * * * * 

PUBLIC LAW 112-213 

* * * * * * * 

TITLE II—COAST GUARD 

* * * * * * * 

SEC. 221. NATIONAL SECURITY CUTTERS. 

ø(a) IN GENERAL.— 

ø(1) MULTIYEAR AUTHORITY.—In fiscal year 2013 and each 

fiscal year thereafter, the Secretary of the department in which 

the Coast Guard is operating may enter into, in accordance 

with section 2306b of title 10, United States Code, a multiyear 

contract for the procurement of Coast Guard National Security 

Cutters and Government-furnished equipment associated with 

the National Security Cutter program. 

60 

ø(2) LIMITATION.—The Secretary may not enter into a contract under paragraph (1) until the date that is 30 days after 

the date the Secretary submits to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of 

Representatives a certification that the Secretary has made, 

with respect to the contract, each of the findings specified 

under section 2306b(a) of title 10, United States Code, and has 

done so in accordance with paragraph (3) of this subsection. 

ø(3) DETERMINATION OF SUBSTANTIAL SAVINGS.—For purposes of this section, in conducting an analysis with respect to 

substantial savings under section 2306b(a)(1) of title 10, 

United States Code, the Secretary— 

ø(A) may not limit the analysis to a simple percentagebased metric; and 

ø(B) shall employ a full-scale analysis of cost avoidance— 

ø(i) based on a multiyear procurement; and 

ø(ii) taking into account the potential benefit any accrued savings might have for future shipbuilding programs if the cost avoidance savings were subsequently 

utilized for further ship construction.¿ 

(b) CERTIFICATE TO OPERATE.—The Commandant of the Coast 

Guard may not certify a sixth National Security Cutter as Ready 

for Operations before the Commandant has— 

(1) submitted to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives program execution plans detailing— 

(A) how the first 3 National Security Cutters will 

achieve the goal of 225 days away from homeport in fiscal 

years following the completion of the Structural Enhancement Drydock Availability of the first 2 National Security 

Cutters; and 

(B) increased aerial coverage to support National Security Cutter operations; and 

(2) awarded a contract for detailed design and construction 

for the Offshore Patrol Cutter. 

* * * * * * * 

COAST GUARD AUTHORIZATION ACT OF 2016 

(Public Law 114-120) 

* * * * * * * 

TITLE II—COAST GUARD 

* * * * * * * 

SEC. 204. ACQUISITION REFORM. 

(a) MINIMUM PERFORMANCE STANDARDS.—Section 572(d)(3) of 

title 14, United States Code, is amended— 

(1) by redesignating subparagraphs (C) through (H) as subparagraphs (E) through (J), respectively; 

61 

(2) by redesignating subparagraph (B) as subparagraph (C); 

(3) by inserting after subparagraph (A) the following: 

‘‘(B) the performance data to be used to determine 

whether the key performance parameters have been resolved;’’; and 

(4) by inserting after subparagraph (C), as redesignated by 

paragraph (2) of this subsection, the following: 

‘‘(D) the results during test and evaluation that will be 

required to demonstrate that a capability, asset, or subsystem meets performance requirements;’’. 

(b) CAPITAL INVESTMENT PLAN.—Section 2902 of title 14, United 

States Code, as redesignated and otherwise amended by this Act, 

is further amended— 

(1) in subsection (a)(1)— 

(A) in subparagraph (B), by striking ‘‘completion;’’ and 

inserting ‘‘completion based on the proposed appropriations included in the budget;’’; and 

(B) in subparagraph (D), by striking ‘‘at the projected 

funding levels;’’ and inserting ‘‘based on the proposed appropriations included in the budget;’’; and 

(2) by redesignating subsection (b) as subsection (c), and inserting after subsection (a) the following: 

‘‘(b) NEW CAPITAL ASSETS.—In the fiscal year following each fiscal year for which appropriations are enacted for a new capital 

asset, the report submitted under subsection (a) shall include— 

‘‘(1) an estimated life-cycle cost estimate for the new capital 

asset; 

‘‘(2) an assessment of the impact the new capital asset will 

have on— 

‘‘(A) delivery dates for each capital asset; 

‘‘(B) estimated completion dates for each capital asset; 

‘‘(C) the total estimated cost to complete each capital 

asset; and 

‘‘(D) other planned construction or improvement projects; 

and 

‘‘(3) recommended funding levels for each capital asset necessary to meet the estimated completion dates and total estimated costs included in the such asset’s approved acquisition 

program baseline.’’; and 

(3) by amending subsection (c), as so redesignated, to read as 

follows: 

‘‘(c)DEFINITIONS.—In this section— 

‘‘(1) the term ‘unfunded priority’ means a program or mission 

requirement that— 

‘‘(A) has not been selected for funding in the applicable 

proposed budget; 

‘‘(B) is necessary to fulfill a requirement associated with 

an operational need; and 

‘‘(C) the Commandant would have recommended for inclusion in the applicable proposed budget had additional 

resources been available or had the requirement emerged 

before the budget was submitted; and 

‘‘(2) the term ‘new capital asset’ means— 

‘‘(A) an acquisition program that does not have an approved acquisition program baseline; or 

62 

‘‘(B) the acquisition of a capital asset in excess of the 

number included in the approved acquisition program 

baseline.’’. 

(c) DAYS AWAY FROM HOMEPORT.—Not later than 1 year after 

the date of the enactment of this Act, the Commandant of the 

Coast Guard shall— 

ø(1) implement a standard for tracking operational days at 

sea for Coast Guard cutters that does not include days during 

which such cutters are undergoing maintenance or repair; 

and¿ 

(2) notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate of the 

standard implemented under paragraph (1). 

(d) FIXED WING AIRCRAFT FLEET MIX ANALYSIS.—Not later than 

September 30, 2016, the Commandant of the Coast Guard 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 revised fleet mix analysis of Coast Guard fixed wing aircraft. 

(e) LONG-TERM MAJOR ACQUISITIONS PLAN.—Section 2903 of title 

14, United States Code, as redesignated and otherwise amended by 

this Act, is further amended— 

(1) by redesignating subsection (e) as subsection (g); and 

(2) by inserting after subsection (d) the following: 

‘‘(e) LONG-TERM MAJOR ACQUISITIONS PLAN.—Each report under 

subsection (a) shall include a plan that describes for the upcoming 

fiscal year, and for each of the 20 fiscal years thereafter— 

‘‘(1) the numbers and types of cutters and aircraft to be decommissioned; 

‘‘(2) the numbers and types of cutters and aircraft to be acquired to— 

‘‘(A) replace the cutters and aircraft identified under 

paragraph (1); or 

‘‘(B) address an identified capability gap; and 

‘‘(3) the estimated level of funding in each fiscal year required to— 

‘‘(A) acquire the cutters and aircraft identified under 

paragraph (2); 

‘‘(B) acquire related command, control, communications, 

computer, intelligence, surveillance, and reconnaissance 

systems; and 

‘‘(C) acquire, construct, or renovate shoreside infrastructure. 

‘‘(f) QUARTERLY UPDATES ON RISKS OF PROGRAMS.— 

‘‘(1) IN GENERAL.—Not later than 15 days after the end of 

each fiscal year quarter, the Commandant of the Coast Guard 

shall submit to the committees of Congress specified in subsection (a) an update setting forth a current assessment of the 

risks associated with all current major acquisition programs. 

‘‘(2) ELEMENTS.—Each update under this subsection shall set 

forth, for each current major acquisition program, the following: 

‘‘(A) The top five current risks to such program. 

63 

‘‘(B) Any failure of such program to demonstrate a key 

performance parameter or threshold during operational 

test and evaluation conducted during the fiscal year quarter preceding such update. 

‘‘(C) Whether there has been any decision during such 

fiscal year quarter to order full-rate production before all 

key performance parameters or thresholds are met. 

‘‘(D) Whether there has been any breach of major acquisition program cost (as defined by the Major Systems Acquisition Manual) during such fiscal year quarter. 

‘‘(E) Whether there has been any breach of major acquisition program schedule (as so defined) during such fiscal 

year quarter.’’. 

* * * * * * * 

SEC. 207. POLAR ICEBREAKERS. 

ø(a) INCREMENTAL FUNDING AUTHORITY FOR POLAR ICE- BREAKERS.—In fiscal year 2016 and each fiscal year thereafter, the 

Commandant of the Coast Guard may enter into a contract or contracts for the acquisition of polar icebreakers and associated equipment using incremental funding.¿ 

(b) ‘‘POLAR SEA’’ MATERIEL CONDITION ASSESSMENT AND SERVICE

LIFE EXTENSION.—Section 222 of the Coast Guard and Maritime 

Transportation Act of 2012 (Public Law 112-213; 126 Stat. 1560) is 

amended— 

(1) by amending subsection (a) to read as follows: 

‘‘(a) IN GENERAL.—Not later than 1 year after the date of the enactment of the Coast Guard Authorization Act of 2016, the Secretary of the department in which the Coast Guard is operating 

shall— 

‘‘(1) complete a materiel condition assessment with respect to 

the Polar Sea; 

‘‘(2) make a determination of whether it is cost effective to 

reactivate the Polar Sea compared with other options to provide icebreaking services as part of a strategy to maintain 

polar icebreaking services; and 

‘‘(3) submit to the Committee on Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate— 

‘‘(A) the assessment required under paragraph (1); and 

‘‘(B) written notification of the determination required 

under paragraph (2).’’; 

(2) in subsection (b) by striking ‘‘analysis’’ and inserting 

‘‘written notification’’; 

(3) by striking subsection (c); 

(4) by redesignating subsections (d) through (h) as subsections (c) through (g), respectively; 

(5) in subsection (c) (as redesignated by paragraph (4) of this 

section)— 

(A) in paragraph (1)— 

(i) in subparagraph (A) by striking ‘‘based on the 

analysis required’’; and 

(ii) in subparagraph (C) by striking ‘‘analysis’’ and 

inserting ‘‘written notification’’; 

64 

(B) in paragraph (2)— 

(i) by striking ‘‘analysis’’ each place it appears and 

inserting ‘‘written notification’’; 

(ii) by striking ‘‘subsection (a)’’ and inserting ‘‘subsection (a)(3)(B)’’; 

(iii) by striking ‘‘subsection (c)’’ each place it appears 

and inserting ‘‘that subsection’’; and 

(iv) by striking ‘‘under subsection (a)(5)’’; and 

(C) in paragraph (3)— 

(i) by striking ‘‘in the analysis submitted under this 

section’’; 

(ii) by striking ‘‘(a)(5)’’ and inserting ‘‘(a)’’; 

(iii) by striking ‘‘then’’ and all that follows through 

‘‘(A)’’ and inserting ‘‘then’’; 

(iv) by striking ‘‘; or’’ and inserting a period; and 

(v) by striking subparagraph (B); and 

(6) in subsection (d) (as redesignated by paragraph (4) of this 

subsection) by striking ‘‘in subsection (d)’’ and inserting ‘‘in 

subsection (c)’’. 

* * * * * * * 

COAST GUARD AND MARITIME TRANSPORTATION ACT 

OF 2012 

* * * * * * * 

TITLE II—COAST GUARD 

* * * * * * * 

SEC. 221. NATIONAL SECURITY CUTTERS. 

(a) IN GENERAL.— (1) MULTIYEAR AUTHORITY.—In fiscal year 2013 and each fiscal year thereafter, the Secretary of the department in which 

the Coast Guard is operating may enter into, in accordance 

with section 2306b of title 10, United States Code, a multiyear 

contract for the procurement of Coast Guard National Security 

Cutters and Government-furnished equipment associated with 

the National Security Cutter program. 

(2) LIMITATION.—The Secretary may not enter into a contract 

under paragraph (1) until the date that is 30 days after the 

date the Secretary submits to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee 

on Transportation and Infrastructure of the House of Representatives a certification that the Secretary has made, with 

respect to the contract, each of the findings specified under section 2306b(a) of title 10, United States Code, and has done so 

in accordance with paragraph (3) of this subsection. 

(3) DETERMINATION OF SUBSTANTIAL SAVINGS.—For purposes 

of this section, in conducting an analysis with respect to substantial savings under section 2306b(a)(1) of title 10, United 

States Code, the Secretary— 

(A) may not limit the analysis to a simple percentagebased metric; and 

65 

(B) shall employ a full-scale analysis of cost avoidance— 

(i) based on a multiyear procurement; and 

(ii) taking into account the potential benefit any accrued savings might have for future shipbuilding programs if the cost avoidance savings were subsequently 

utilized for further ship construction. 

ø(b) CERTIFICATE TO OPERATE.—The Commandant of the Coast 

Guard may not certify a sixth National Security Cutter as Ready 

for Operations before the Commandant has— 

ø(1) submitted to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives program execution plans detailing— 

ø(A) how the first 3 National Security Cutters will 

achieve the goal of 225 days away from homeport in fiscal 

years following the completion of the Structural Enhancement Drydock Availability of the first 2 National Security 

Cutters; and 

ø(B) increased aerial coverage to support National Security Cutter operations; and 

ø(2) awarded a contract for detailed design and construction 

for the Offshore Patrol Cutter.¿ 

* * * * * * * 

COAST GUARD AUTHORIZATION ACT OF 2010 

* * * * * * * 

TITLE IV—ACQUISITION REFORM 

* * * * * * * 

SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY. 

(a) IN GENERAL.—For purposes of øsections 3304, 5333, and 

5753¿ section 3304 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 positions for which there exists a shortage of 

candidates or there is a critical hiring need; 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 section after September 30, 

ø2017.¿ 2021. 

(c) REPORTS.—The Commandant shall include in reports under 

section 569a of title 14, United States Code, information described 

in that section regarding positions designated under this section. 

* * * * * * * 

TITLE 46, UNITED STATES CODE 

* * * * * * * 

66 

SUBTITLE II—VESSELS AND SEAMEN 

* * * * * * * 

PART A—GENERAL PROVISIONS 

* * * * * * * 

CHAPTER 23—OPERATION OF VESSELS GENERALLY 

Sec. 

2301. Application. 

* * * * * * * 

ø2307. Limitation of liability for Coast Guard Vessel Traffic Service pilots and nonFederal vessel traffic service operators.¿ 

* * * * * * * 

ø§ 2307. Limitation of liability for Coast Guard Vessel Traffic 

Service pilots and non-Federal vessel traffic service operators 

ø(a) COAST GUARD VESSEL TRAFFIC SERVICE PILOTS.—Any pilot, 

acting in the course and scope of his or her duties while at a 

United States Coast Guard Vessel Traffic Service, who provides information, advice, or communication assistance while under the supervision of a Coast Guard officer, member, or employee shall not 

be liable for damages caused by or related to such assistance unless 

the acts or omissions of such pilot constitute gross negligence or 

willful misconduct. 

ø(b) NON-FEDERAL VESSEL TRAFFIC SERVICE OPERATORS.—An entity operating a non-Federal vessel traffic information service or 

advisory service pursuant to a duly executed written agreement 

with the Coast Guard, and any pilot acting on behalf of such entity, 

is not liable for damages caused by or related to information, advice, or communication assistance provided by such entity or pilot 

while so operating or acting unless the acts or omissions of such 

entity or pilot constitute gross negligence or willful misconduct.¿ 

* * * * * * * 

PART B—INSPECTION AND REGULATION OF 

VESSELS 

CHAPTER 31—GENERAL 

Sec. 

3101. Authority to suspend inspection. 

* * * * * * * 

3105. Electronic charts. 

* * * * * * * 

§ 3105. Electronic charts 

(a) SYSTEM REQUIREMENTS.— 

(1) REQUIREMENTS.—Subject to paragraph (2), the following 

vessels, while operating on the navigable waters of the United 

States, shall be equipped with and operate electronic charts 

67 

under regulations prescribed by the Secretary of the department 

in which the Coast Guard is operating: 

(A) A self-propelled commercial vessel of at least 65 feet 

overall length. 

(B) A vessel carrying more than a number of passengers 

for hire determined by the Secretary. 

(C) A towing vessel of more than 26 feet in overall length 

and 600 horsepower. 

(D) Any other vessel for which the Secretary decides that 

electronic charts are necessary for the safe navigation of the 

vessel. 

(2) EXEMPTIONS AND WAIVERS.—The Secretary may— 

(A) exempt a vessel from paragraph (1), if the Secretary 

finds that electronic charts are not necessary for the safe 

navigation of the vessel on the waters on which the vessel 

operates; and 

(B) waive the application of paragraph (1) with respect to 

operation of vessels on navigable waters of the United 

States specified by the Secretary, if the Secretary finds that 

electronic charts are not needed for safe navigation on those 

waters. 

(b) LIMITATION ON APPLICATION.—Except pursuant to an international treaty, convention, or agreement, to which the United 

States is a party, this section shall not apply to any foreign vessel 

that is not destined for, or departing from, a port or place subject 

to the jurisdiction of the United States and that is in— 

(1) innocent passage through the territorial sea of the United 

States; or 

(2) transit through the navigable waters of the United States 

that form a part of an international strait. 

* * * * * * * 

CHAPTER 41—UNINSPECTED VESSELS GENERALLY 

* * * * * * * 

§ 4105. Uninspected passenger vessels 

(a) Chapter 43 of this title applies to an uninspected passenger 

vessel. 

(b)(1) In applying this title with respect to an uninspected vessel 

of less than 24 meters overall in length that carries passengers to 

or from a port in the United States Virgin Islands, the Secretary 

shall substitute ‘‘12 passengers’’ for ‘‘6 passengers’’ each place it appears in section 2101(42) if the Secretary determines that the vessel complies with, as applicable to the vessel— 

(A) the Code of Practice for the Safety of Small Commercial Motor Vessels (commonly referred to as the ‘‘Yellow 

Code’’), as published by the U.K. Maritime and Coastguard 

Agency and in effect on January 1, 2014; or 

(B) the Code of Practice for the Safety of Small Commercial Sailing Vessels (commonly referred to as the ‘‘Blue 

Code’’), as published by such agency and in effect on such 

date. 

(2) If the Secretary establishes standards to carry out this 

subsection— 

68 

(A) such standards shall be identical to those established 

in the Codes of Practice referred to in paragraph (1); and 

(B) on any dates before the date on which such standards are in effect, the Codes of Practice referred to in paragraph (1) shall apply with respect to the vessels referred 

to in paragraph (1). 

(c) In applying this title with respect to an uninspected vessel of 

less than 25 feet overall in length that carries passengers on Crane 

Lake or waters contiguous to such lake in St. Louis County, Minnesota, the Secretary shall substitute ‘‘12 passengers’’ for ‘‘6 passengers’’ each place it appears in section 2101(42). 

ø(c)¿ (d) The Secretary shall, by regulation, require certain additional equipment which may include liferafts or other lifesaving 

equipment, construction standards, or specify additional operating 

standards for those uninspected passenger vessels defined in section 2101(42)(A) of this title. 

* * * * * * * 

CHAPTER 45—UNINSPECTED COMMERCIAL FISHING 

INDUSTRY VESSELS 

* * * * * * * 

§ 4502. Safety standards 

(a) The Secretary shall prescribe regulations which require that 

each vessel to which this chapter applies shall be equipped with— 

(1) readily accessible fire extinguishers capable of promptly 

and effectively extinguishing a flammable or combustible liquid 

fuel fire; 

(2) at least one readily accessible life preserver or other lifesaving device for each individual on board; 

(3) an efficient flame arrestor, backfire trap, or other similar 

device on the carburetors of each inboard engine which uses 

gasoline as fuel; 

(4) the means to properly and efficiently ventilate enclosed 

spaces, including engine and fuel tank compartments, so as to 

remove explosive or flammable gases; 

(5) visual distress signals; 

(6) other equipment required to minimize the risk of injury 

to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment; and 

(7) a placard as required by regulations prescribed under section 10603(b) of this title. 

(b)(1) In addition to the requirements of subsection (a) of this section, and subject to section 4503(d), the Secretary shall prescribe 

regulations requiring the installation, maintenance, and use of the 

equipment in paragraph (2) of this subsection for vessels to which 

this chapter applies that— 

(A) operate beyond 3 nautical miles from the baseline 

from which the territorial sea of the United States is 

measured or beyond 3 nautical miles from the coastline of 

the Great Lakes; 

(B) operate with more than 16 individuals on board; or 

69 

(C) in the case of a fish tender vessel, engage in the 

Aleutian trade. 

(2) The equipment to be required is as follows: 

(A) alerting and locating equipment, including emergency position indicating radio beacons; 

(B) a survival craft that ensures that no part of an individual is immersed in water sufficient to accommodate all 

individuals on board; 

(C) at least one readily accessible immersion suit for 

each individual on board that vessel when operating on the 

waters described in section 3102 of this title; 

(D) marine radio communications equipment sufficient 

to effectively communicate with land-based search and rescue facilities; 

(E) navigation equipment, including compasses, nautical 

charts, and publications; 

(F) first aid equipment and medical supplies sufficient 

for the size and area of operation of the vessel; and 

(G) ground tackle sufficient for the vessel. 

(c)(1) In addition to the requirements described in subsections (a) 

and (b) of this section, the Secretary may prescribe regulations establishing the standards in paragraph (2) of this subsection for vessels to which this chapter applies that— 

(A)(i) were built after December 31, 1988, or undergo a 

major conversion completed after that date; and 

(ii) operate with more than 16 individuals on board; 

or 

(B) in the case of a fish tender vessel, engage in the 

Aleutian trade. 

(2) The standards shall be minimum safety standards, including standards relating to— 

(A) navigation equipment, including radars and 

fathometers; 

(B) lifesaving equipment, immersion suits, signaling devices, bilge pumps, bilge alarms, life rails, and grab rails; 

(C) fire protection and firefighting equipment, including 

fire alarms and portable and semiportable fire extinguishing equipment; 

(D) use and installation of insulation material; 

(E) storage methods for flammable or combustible material; and 

(F) fuel, ventilation, and electrical systems. 

(d)(1) The Secretary shall prescribe regulations for the operating 

stability of a vessel to which this chapter applies— 

(A) that was built after December 31, 1989; or 

(B) the physical characteristics of which are substantially altered after December 31, 1989, in a manner that 

affects the vessel’s operating stability. 

(2) The Secretary may accept, as evidence of compliance with 

this subsection, a certification of compliance issued by the person providing insurance for the vessel or by another qualified 

person approved by the Secretary. 

(e) In prescribing regulations under this chapter, the Secretary— 

70 

(1) shall consider the specialized nature and economics of the 

operations and the character, design, and construction of the 

vessel; and 

(2) may not require the alteration of a vessel or associated 

equipment that was constructed or manufactured before the effective date of the regulation. 

(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 

(3) 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, 

71 

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 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 for activities under this 

subsection. 

§ 4503. 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. 

72 

(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 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)ø(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 the vessel— 

ø(A) is at least 50 feet overall in length; 

ø(B) is built before July 1, 2013; and 

ø(C) is 25 years of age or older.¿ 

ø(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.¿(1) The Secretary, in cooperation with the commercial 

fishing industry, may prescribe an alternative safety compliance 

program that shall apply in lieu of requirements under section 

4502(b), for any category of fishing vessels, fish processing vessels, or fish tender vessels that are— 

(A) at least 50 feet overall in length; 

(B) built before July 1, 2013; and 

(C) 25 years of age or older. 

(2) An alternative safety compliance program prescribed under 

paragraph (1) shall apply to a vessel— 

(A) except as provided in subparagraph (B), after the later 

of January 1, 2020, or the end of the 3-year period beginning 

on the date on which the Secretary prescribes the program; 

and 

(B) in the case of a vessel that undergoes a major conversion 

completed after the later of July 1, 2013, or the date the Secretary establishes standards for the alternate safety compliance program, upon the completion of such conversion. 

(3) Alternative safety compliance programs may be developed 

for purposes of paragraph (1) for specific regions and fisheries. 

(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 

73 

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) 

74 

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 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. 

* * * * * * * 

PART E—MERCHANT SEAMEN LICENSES, 

CERTIFICATES, AND DOCUMENTS 

* * * * * * * 

CHAPTER 71—LICENSES AND CERTIFICATES OF 

REGISTRY 

* * * * * * * 

§ 70103. Maritime transportation security plans 

(a) NATIONAL MARITIME TRANSPORTATION SECURITY PLAN(1) Not 

later than April 1, 2005, the Secretary shall prepare a National 

Maritime Transportation Security Plan for deterring and responding to a transportation security incident. 

(2) The National Maritime Transportation Security Plan 

shall provide for efficient, coordinated, and effective action to 

deter and minimize damage from a transportation security incident, and shall include the following: 

(A) Assignment of duties and responsibilities among 

Federal departments and agencies and coordination with 

State and local governmental agencies. 

(B) Identification of security resources. 

(C) Procedures and techniques to be employed in deterring a national transportation security incident. 

75 

(D) Establishment of procedures for the coordination of 

activities of— 

(i) Coast Guard maritime security teams established 

under this chapter; and 

(ii) Federal Maritime Security Coordinators required 

under this chapter. 

(E) A system of surveillance and notice designed to safeguard against as well as ensure earliest possible notice of 

a transportation security incident and imminent threats of 

such a security incident to the appropriate State and Federal agencies. 

(F) Establishment of criteria and procedures to ensure 

immediate and effective Federal identification of a transportation security incident, or the substantial threat of 

such a security incident. 

(G) Designation of— 

(i) areas for which Area Maritime Transportation 

Security Plans are required to be prepared under subsection (b); and 

(ii) a Coast Guard official who shall be the Federal 

Maritime Security Coordinator for each such area. 

(H) A risk-based system for evaluating the potential for 

violations of security zones designated by the Secretary on 

the waters subject to the jurisdiction of the United States. 

(I) A recognition of certified systems of intermodal transportation. 

(J) A plan for ensuring that the flow of cargo through 

United States ports is reestablished as efficiently and 

quickly as possible after a transportation security incident. 

(3) The Secretary shall, as the Secretary considers advisable, 

revise or otherwise amend the National Maritime Transportation Security Plan. 

(4) Actions by Federal agencies to deter and minimize damage from a transportation security incident shall, to the greatest extent possible, be in accordance with the National Maritime Transportation Security Plan. 

(5) The Secretary shall inform vessel and facility owners or 

operators of the provisions in the National Transportation Security Plan that the Secretary considers necessary for security 

purposes. 

(b) AREA MARITIME TRANSPORTATION SECURITY PLANS(1) The 

Federal Maritime Security Coordinator designated under subsection (a)(2)(G) for an area shall— 

(A) submit to the Secretary an Area Maritime Transportation Security Plan for the area; and 

(B) solicit advice from the Area Security Advisory Committee required under this chapter, for the area to assure 

preplanning of joint deterrence efforts, including appropriate procedures for deterrence of a transportation security incident. 

(2) The Area Maritime Transportation Security Plan for an 

area shall— 

(A) when implemented in conjunction with the National 

Maritime Transportation Security Plan, be adequate to 

76 

deter a transportation security incident in or near the area 

to the maximum extent practicable; 

(B) describe the area and infrastructure covered by the 

plan, including the areas of population or special economic, 

environmental, or national security importance that might 

be damaged by a transportation security incident; 

(C) describe in detail how the plan is integrated with 

other Area Maritime Transportation Security Plans, and 

with facility security plans and vessel security plans under 

this section; 

(D) include consultation and coordination with the Department of Defense on matters relating to Department of 

Defense facilities and vessels; 

(E) establish area response and recovery protocols to 

prepare for, respond to, mitigate against, and recover from 

a transportation security incident consistent with section 

202 of the SAFE Port Act of 2006 (6 U.S.C. 942) and subsection (a) of this section; 

(F) include any other information the Secretary requires; 

(G) include a salvage response plan— 

(i) to identify salvage equipment capable of restoring 

operational trade capacity; and 

(ii) to ensure that the waterways are cleared and the 

flow of commerce through United States ports is reestablished as efficiently and quickly as possible after a 

maritime transportation security incident; and 

(H) be updated at least every 5 years by the Federal 

Maritime Security Coordinator. 

(3) The Secretary shall— 

(A) review and approve Area Maritime Transportation 

Security Plans under this subsection; and 

(B) periodically review previously approved Area Maritime Transportation Security Plans. 

(4) In security zones designated by the Secretary in each 

Area Maritime Transportation Security Plan, the Secretary 

shall consider— 

(A) the use of public/private partnerships to enforce security within the security zones, shoreside protection alternatives, and the environmental, public safety, and relative 

effectiveness of such alternatives; and 

(B) technological means of enhancing the security zones 

of port, territorial waters, and waterways of the United 

States. 

(c) VESSEL AND FACILITY SECURITY PLANS(1) Within 6 months 

after the prescription of interim final regulations on vessel and facility security plans, an owner or operator of a vessel or facility described in paragraph (2) shall prepare and submit to the Secretary 

a security plan for the vessel or facility, for deterring a transportation security incident to the maximum extent practicable. 

(2) The vessels and facilities referred to in paragraph (1)— 

(A) except as provided in subparagraph (B), are vessels 

and facilities that the Secretary believes may be involved 

in a transportation security incident; and 

(B) do not include any vessel or facility owned or operated by the Department of Defense. 

77 

(3) A security plan required under this subsection shall— 

(A) be consistent with the requirements of the National 

Maritime Transportation Security Plan and Area Maritime 

Transportation Security Plans; 

(B) identify the qualified individual having full authority 

to implement security actions, and require immediate communications between that individual and the appropriate 

Federal official and the persons providing personnel and 

equipment pursuant to subparagraph (C); 

(C) include provisions for— 

(i) establishing and maintaining physical security, 

passenger and cargo security, and personnel security; 

(ii) establishing and controlling access to secure 

areas of the vessel or facility, including access by persons engaged in the surface transportation of intermodal containers in or out of a port facility; 

(iii) procedural security policies; 

(iv) communications systems; and 

(v) other security systems; 

(D) identify, and ensure by contract or other means approved by the Secretary, the availability of security measures necessary to deter to the maximum extent practicable 

a transportation security incident or a substantial threat 

of such a security incident; 

(E) describe the training, periodic unannounced drills, 

and security actions of persons on the vessel or at the facility, to be carried out under the plan to deter to the maximum extent practicable a transportation security incident, 

or a substantial threat of such a security incident; 

(F) provide a strategy and timeline for conducting training and periodic unannounced drills; 

(G) be updated at least every 5 years; 

(H) be resubmitted for approval of each change to the 

vessel or facility that may substantially affect the security 

of the vessel or facility; and 

(I) in the case of a security plan for a facility, be resubmitted for approval of each change in the ownership or operator of the facility that may substantially affect the security of the facility. 

(4) The Secretary shall— 

(A) promptly review each such plan; 

(B) require amendments to any plan that does not meet 

the requirements of this subsection; 

(C) approve any plan that meets the requirements of 

this subsection; and 

(D) subject to the availability of appropriations, verify 

the effectiveness of each such facility security plan periodically, but not less than 2 times per year, at least 1 of 

which shall be an inspection of the facility that is conducted without notice to the facility. 

(5) A vessel or facility for which a plan is required to be submitted under this subsection may not operate after the end of 

the 12-month period beginning on the date of the prescription 

of interim final regulations on vessel and facility security 

plans, unless— 

78 

(A) the plan has been approved by the Secretary; and 

(B) the vessel or facility is operating in compliance with 

the plan. 

(6) Notwithstanding paragraph (5), the Secretary may authorize a vessel or facility to operate without a security plan 

approved under this subsection, until not later than 1 year 

after the date of the submission to the Secretary of a plan for 

the vessel or facility, if the owner or operator of the vessel or 

facility certifies that the owner or operator has ensured by contract or other means approved by the Secretary to deter to the 

maximum extent practicable a transportation security incident 

or a substantial threat of such a security incident. 

(7) The Secretary shall require each owner or operator of a 

vessel or facility located within or adjacent to waters subject 

to the jurisdiction of the United States to implement any necessary interim security measures, including cargo security programs, to deter to the maximum extent practicable a transportation security incident until the security plan for that vessel 

or facility operator is approved. 

(8)(A) The Secretary shall require that the qualified individual having full authority to implement security actions for 

a facility described in paragraph (2) shall be a citizen of the 

United States. 

(B) The Secretary may waive the requirement of subparagraph (A) with respect to an individual if the Secretary determines that it is appropriate to do so based on 

a complete background check of the individual and a review of all terrorist watch lists to ensure that the individual is not identified on any such terrorist watch list. 

(d) NONDISCLOSURE OF INFORMATION

(1) IN GENERAL Information developed under this section or 

sections 70102, 70104, and 70108 is not required to be disclosed to the public, including— 

(A) facility security plans, vessel security plans, and port 

vulnerability assessments; and 

(B) other information related to security plans, procedures, or programs for vessels or facilities authorized 

under this section or sections 70102, 70104, and 70108. 

(2) LIMITATIONS Nothing in paragraph (1) shall be construed 

to authorize the designation of information as sensitive security information (as defined in section 1520.5 of title 49, Code 

of Federal Regulations)— 

(A) to conceal a violation of law, inefficiency, or administrative error; 

(B) to prevent embarrassment to a person, organization, 

or agency; 

(C) to restrain competition; or 

(D) to prevent or delay the release of information that 

does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security. 

(e) ESPECIALLY HAZARDOUS CARGO

(1) ENFORCEMENT OF SECURITY ZONES Consistent with other 

provisions of Federal law, the Coast Guard shall coordinate 

and be responsible for the enforcement of any Federal security 

79 

zone established by the Coast Guard around a vessel containing especially hazardous cargo. The Coast Guard shall allocate available resources so as to deter and respond to a transportation security incident, to the maximum extent practicable, 

and to protect lives or protect property in danger. 

(2) RESOURCE DEFICIENCY REPORTING

(A) IN GENERAL When the Secretary submits the annual 

budget request for a fiscal year for the department in 

which the Coast Guard is operating to the Office of Management and Budget, the Secretary shall provide to the 

Committees on Homeland Security and Transportation and 

Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of 

the Senate a report that includes— 

(i) for the last full fiscal year preceding the report, 

a statement of the number of security zones established for especially hazardous cargo shipments; 

(ii) for the last full fiscal year preceding the report, 

a statement of the number of especially hazardous 

cargo shipments provided a waterborne security escort, subdivided by Federal, State, local, or private security; and 

(iii) an assessment as to any additional vessels, personnel, infrastructure, and other resources necessary 

to provide waterborne escorts to those especially hazardous cargo shipments for which a security zone is 

established. 

(B) ESPECIALLY HAZARDOUS CARGO DEFINED In this subsection, the term ‘‘especially hazardous cargo’’ means anhydrous ammonia, ammonium nitrate, chlorine, liquefied 

natural gas, liquiefied petroleum gas, and any other substance, material, or group or class of material, in a particular amount and form that the Secretary determines by 

regulation poses a significant risk of creating a transportation security incident while being transported in maritime commerce. 

(f) NONDISCLOSURE OF PORT SECURITY PLANS.—Notwithstanding 

any other provision of law, information related to security plans, 

procedures, or programs for passenger vessels or passenger terminals authorized under this chapter is not required to be disclosed 

to the public. 

* * * * * * * 

§ 7106. Duration of licenses 

(a) IN GENERAL.—A license issued under this part is valid for a 

5-year period and may be renewed for additional 5-year periods; except that the validity of a license issued to a radio officer is conditioned on the continuous possession by the holder of a first-class or 

second-class radiotelegraph operator license issued by the Federal 

Communications Commission. 

(b) ADVANCE RENEWALS.—A renewed license issued under this 

part may be issued up to 8 months in advance but is not effective 

until the date that the previously issued license expires or until the 

completion of any active suspension or revocation of that previously 

issued ømerchant mariner’s document,¿ license, whichever is later. 

80 

§ 7107. Duration of certificates of registry 

(a) IN GENERAL.—A certificate of registry issued under this part 

is valid for a 5-year period and may be renewed for additional 5- 

year periods; except that the validity of a certificate issued to a 

medical doctor or professional nurse is conditioned on the continuous possession by the holder of a license as a medical doctor or 

registered nurse, respectively, issued by a State. 

(b) ADVANCE RENEWALS.—A renewed certificate of registry issued 

under this part may be issued up to 8 months in advance but is 

not effective until the date that the previously issued certificate of 

registry expires or until the completion of any active suspension or 

revocation of that previously issued ømerchant mariner’s document,¿ certificate of registry, whichever is later. 

* * * * * * * 

CHAPTER 75—GENERAL PROCEDURES FOR LICENSING, 

CERTIFICATION, AND DOCUMENTATION 

* * * * * * * 

§ 7507. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents 

(a) LICENSES AND CERTIFICATES OF REGISTRY.—Notwithstanding 

sections 7106 and 7107, the Secretary of the department in which 

the Coast Guard is operating may— 

(1) extend for not more than one year an expiring license or 

certificate of registry issued for an individual under chapter 71 

if the Secretary determines that the extension is required to 

enable the Coast Guard to eliminate a backlog in processing 

applications for those 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 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. 

(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 ølicenses or certificates of registry¿ merchant mariner documents or in response to a national emergency or natural disaster, as deemed necessary by the Secretary; or 

(2) issue for not more than five years an expiring 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 ømerchant mariner’s document.¿ license or certificate of registry. 

81 

(c) MANNER OF EXTENSION.—Any extensions granted under this 

section may be granted to individual seamen or a specifically identified group of seamen. 

* * * * * * * 

PART G—MERCHANT SEAMEN PROTECTION 

AND RELIEF 

* * * * * * * 

CHAPTER 113—OFFICIAL LOGBOOKS 

* * * * * * * 

§ 11304. Additional logbook and entry requirements 

(a) A vessel of the United States that is subject to inspection 

under section 3301 of this title, except a vessel on a voyage from 

a port in the United States to a port in Canada, shall have øan official¿ a logbook, which shall be kept available for review by the Secretary on request. 

(b) The ølog book¿ logbook required by subsection (a) shall include the following entries: 

(1) The time when each seaman and each officer assumed or 

relieved the watch. 

(2) The number of hours in service to the vessels of each seaman and each officer. 

ø(3) An account of each accident, illness, and injury that occurs during each watch.¿ 

(3) Each illness of, and injury to, a seaman of the vessel, the 

nature of the illness or injury, and the medical treatment provided for the injury or illness. 

* * * * * * * 

PART H—IDENTIFICATION OF VESSELS 

* * * * * * * 

CHAPTER 121—DOCUMENTATION OF VESSELS 

* * * * * * * 

SUBCHAPTER II—ENDORSEMENTS AND SPECIAL 

DOCUMENTATION 

* * * * * * * 

§ 12114. Recreational endorsement 

(a) REQUIREMENTS.—A recreational endorsement may be issued 

for a vessel that satisfies the requirements of section 12103 of this 

title. 

(b) AUTHORIZED ACTIVITY.—A vessel operating under a recreational endorsement may be operated only for pleasure. 

(c) APPLICATION OF CUSTOMS LAWS.—A vessel for which a recreational endorsement is issued may proceed between a port of the 

United States and a port of a foreign country without entering or 

82 

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) EFFECTIVE PERIOD.—A recreational endorsement for a vessel— 

(1) except as provided in paragraph (3), shall be effective for 

5 years; 

(2) shall require the owner of the vessel to notify the Coast 

Guard of each change in the information on which the issuance 

of the certificate of documentation is based that occurs before 

the expiration of the certificate under this subsection, by not 

later than 30 days after such change; and 

(3) shall terminate upon the expiration of such 30-day period 

if the owner has not notified the Coast Guard of such change 

before the end of such period. 

(e) STATE AND LOCAL AUTHORITY TO REMOVE ABANDONED AND

DERELICT VESSELS.—Nothing in this section shall be construed to 

limit the authority of a State or local authority from taking action 

to remove an abandoned or derelict vessel. 

(f) AUTHORITY.— 

(1) REQUIREMENT.—The Secretary shall assess and collect a 

fee for the issuance or renewal of a recreational endorsement, 

that is equivalent to the fee established for the issuance or renewal, respectively, of a fishery endorsement pursuant to section 

2110. 

(2) TREATMENT.—Fees collected under this subsection— 

(A) shall be credited to the account from which the costs 

of such issuance or renewal were paid; and 

(B) may remain available until expended. 

* * * * * * * 

CHAPTER 123—NUMBERING UNDOCUMENTED VESSELS 

§ 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 øshall¿ may require an undocumented barge of 

more than 100 gross tons operating on the navigable waters of the 

United States to be numbered. 

* * * * * * * 

Subtitle VII—SECURITY AND DRUG 

ENFORCEMENT 

Chapter Sec. 

700 Ports and Waterways Safety .................................................................. 70001. 

701 Port Security ............................................................................................... 70101 

* * * * * * * 

83 

CHAPTER 700—PORTS AND WATERWAYS SAFETY 

SUBCHAPTER A—VESSEL OPERATIONS

Sec. 

70001. Vessel traffic services. 

70002. Special powers. 

70003. Port access routes. 

70004. Considerations by Secretary. 

70005. International agreements. 

SUBCHAPTER B—PORTS AND WATERWAYS SAFETY

70011. Waterfront safety. 

70012. Navigational hazards. 

70013. Requirement to notify Coast Guard of release of objects into the navigable 

waters of the United States. 

SUBCHAPTER C—CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES

70021. Conditions for entry to ports in the United States. 

SUBCHAPTER D—DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY

POWERS, APPLICABILITY

70031. Definitions. 

70032. Saint Lawrence Seaway. 

70033. Limitation on application to foreign vessels. 

70034. Regulations. 

70035. Investigatory powers. 

70036. Enforcement. 

SUBCHAPTER A—VESSEL OPERATIONS 

§ 70001. Vessel traffic services 

(a) Subject to the requirements of section 70004, the Secretary— 

(1) in any port or place under the jurisdiction of the United 

States, in the navigable waters of the United States, or in any 

area covered by an international agreement negotiated pursuant 

to section 70005, may construct, operate, maintain, improve, or 

expand vessel traffic services, that consist of measures for controlling or supervising vessel traffic or for protecting navigation 

and the marine environment and that may include one or more 

of reporting and operating requirements, surveillance and communications systems, routing systems, and fairways; 

(2) shall require appropriate vessels that operate in an area 

of a vessel traffic service to utilize or comply with that service; 

(3)(A) may require vessels to install and use specified navigation equipment, communications equipment, electronic relative 

motion analyzer equipment, or any electronic or other device 

necessary to comply with a vessel traffic service or that is necessary in the interests of vessel safety. 

(B) Notwithstanding subparagraph (A), the Secretary shall 

not require fishing vessels under 300 gross tons as measured 

under section 14502, or an alternate tonnage measured under 

section 14302 as prescribed by the Secretary under section 

14104, or recreational vessels 65 feet or less to possess or use 

the equipment or devices required by this subsection solely 

under the authority of this chapter; 

(4) may control vessel traffic in areas subject to the jurisdiction of the United States that the Secretary determines to be 

hazardous, or under conditions of reduced visibility, adverse 

weather, vessel congestion, or other hazardous circumstances, 

by— 

84 

(A) specifying times of entry, movement, or departure; 

(B) establishing vessel traffic routing schemes; 

(C) establishing vessel size, speed, or draft limitations 

and vessel operating conditions; and 

(D) restricting operation, in any hazardous area or under 

hazardous conditions, to vessels that have particular operating characteristics or capabilities that the Secretary considers necessary for safe operation under the circumstances; 

(5) may require the receipt of prearrival messages from any 

vessel, destined for a port or place subject to the jurisdiction of 

the United States, in sufficient time to permit advance vessel 

traffic planning before port entry, which shall include any information that is not already a matter of record and that the 

Secretary determines necessary for the control of the vessel and 

the safety of the port or the marine environment; and 

(6) may prohibit the use on vessels of electronic or other devices that interfere with communication and navigation equipment, except that such authority shall not apply to electronic or 

other devices certified to transmit in the maritime services by 

the Federal Communications Commission and used within the 

frequency bands 157.1875–157.4375 MHz and 161.7875– 

162.0375 MHz. 

(b) COOPERATIVE AGREEMENTS.— (1) IN GENERAL.—The Secretary may enter into cooperative 

agreements with public or private agencies, authorities, associations, institutions, corporations, organizations, or other persons 

to carry out the functions under subsection (a)(1). 

(2) LIMITATION.— (A) A nongovernmental entity may not under this subsection carry out an inherently governmental function. 

(B) As used in this paragraph, the term ‘‘inherently governmental function’’ means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, 

including an activity that requires either the exercise of discretion in applying the authority of the Government or the 

use of judgment in making a decision for the Government. 

(c) LIMITATION OF LIABILITY FOR COAST GUARD VESSEL TRAFFIC

SERVICE PILOTS AND NON-FEDERAL VESSEL TRAFFIC SERVICE OPER- ATORS.— 

(1) COAST GUARD VESSEL TRAFFIC SERVICE PILOTS.—Any 

pilot, acting in the course and scope of his or her duties while 

at a Coast Guard Vessel Traffic Service, who provides information, advice, or communication assistance while under the supervision of a Coast Guard officer, member, or employee shall 

not be liable for damages caused by or related to such assistance unless the acts or omissions of such pilot constitute gross 

negligence or willful misconduct. 

(2) NON-FEDERAL VESSEL TRAFFIC SERVICE OPERATORS.—An 

entity operating a non-Federal vessel traffic information service 

or advisory service pursuant to a duly executed written agreement with the Coast Guard, and any pilot acting on behalf of 

such entity, is not liable for damages caused by or related to information, advice, or communication assistance provided by 

such entity or pilot while so operating or acting unless the acts 

85 

or omissions of such entity or pilot constitute gross negligence 

or willful misconduct. 

§ 70002. Special powers 

The Secretary may order any vessel, in a port or place subject to 

the jurisdiction of the United States or in the navigable waters of 

the United States, to operate or anchor in a manner the Secretary 

directs if— 

(1) the Secretary has reasonable cause to believe such vessel 

does not comply with any regulation issued under this chapter 

or any other applicable law or treaty; 

(2) the Secretary determines such vessel does not satisfy the 

conditions for port entry set forth in section 70021 of this title; 

or 

(3) by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such 

vessel, the Secretary is satisfied such direction is justified in the 

interest of safety. 

§ 70003. Port access routes 

(a) AUTHORITY TO DESIGNATE.—Except as provided in subsection 

(b) and subject to the requirements of subsection (c), in order to provide safe access routes for the movement of vessel traffic proceeding 

to or from ports or places subject to the jurisdiction of the United 

States, the Secretary shall designate necessary fairways and traffic 

separation schemes for vessels operating in the territorial sea of the 

United States and in high seas approaches, outside the territorial 

sea, to such ports or places. Such a designation shall recognize, 

within the designated area, the paramount right of navigation over 

all other uses. 

(b) LIMITATION.— (1) IN GENERAL.—No designation may be made by the Secretary under this section if— 

(A) the Secretary determines such a designation, as implemented, would deprive any person of the effective exercise of a right granted by a lease or permit executed or 

issued under other applicable provisions of law; and 

(B) such right has became vested before the time of publication of the notice required by paragraph (1) of subsection 

(c). 

(2) CONSULTATION REQUIRED.—The Secretary shall make the 

determination under paragraph (1)(A) after consultation with 

the head of the agency responsible for executing the lease or 

issuing the permit. 

(c) CONSIDERATION OF OTHER USES.—Before making a designation under subsection (a), and in accordance with the requirements 

of section 70004, the Secretary shall— 

(1) undertake a study of the potential traffic density and the 

need for safe access routes for vessels in any area for which 

fairways or traffic separation schemes are proposed or that may 

otherwise be considered and publish notice of such undertaking 

in the Federal Register; 

(2) in consultation with the Secretary of State, the Secretary 

of the Interior, the Secretary of Commerce, the Secretary of the 

Army, and the Governors of affected States, as their responsibilVerDate Sep 11 2014 05:34 Jun 28, 2017 Jkt 069006 PO 00000 Frm 00085 Fmt 6659 Sfmt 6603 E:\HR\OC\HR194.XXX HR194
86 

ities may require, take into account all other uses of the area 

under consideration, including, as appropriate, the exploration 

for, or exploitation of, oil, gas, or other mineral resources, the 

construction or operation of deepwater ports or other structures 

on or above the seabed or subsoil of the submerged lands or the 

Outer Continental Shelf of the United States, the establishment 

or operation of marine or estuarine sanctuaries, and activities 

involving recreational or commercial fishing; and 

(3) to the extent practicable, reconcile the need for safe access 

routes with the needs of all other reasonable uses of the area 

involved. 

(d) STUDY.—In carrying out the Secretary’s responsibilities under 

subsection (c), the Secretary shall— 

(1) proceed expeditiously to complete any study undertaken; 

and 

(2) after completion of such a study, promptly— 

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

(B) publish in the Federal Register a notice that no designation is contemplated as a result of the study and the 

reason for such determination. 

(e) IMPLEMENTATION OF DESIGNATION.—In connection with a designation made under this section, the Secretary— 

(1) shall issue reasonable rules and regulations governing the 

use of such designated areas, including rules and regulations 

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

(2) to the extent that the Secretary finds reasonable and necessary to effectuate the purposes of the designation, make the 

use of designated fairways and traffic separation schemes mandatory for specific types and sizes of vessels, foreign and domestic, operating in the territorial sea of the United States and for 

specific types and sizes of vessels of the United States operating 

on the high seas beyond the territorial sea of the United States; 

(3) may, from time to time, as necessary, adjust the location 

or limits of designated fairways or traffic separation schemes in 

order to accommodate the needs of other uses that cannot be 

reasonably accommodated otherwise, except that such an adjustment may not, in the judgment of the Secretary, unacceptably adversely affect the purpose for which the existing designation was made and the need for which continues; and 

(4) shall, through appropriate channels— 

(A) notify cognizant international organizations of any 

designation, or adjustment thereof; and 

(B) take action to seek the cooperation of foreign States 

in making it mandatory for vessels under their control to 

use, to the same extent as required by the Secretary for vessels of the United States, any fairway or traffic separation 

scheme designated under this section in any area of the 

high seas. 

87 

§ 70004. Considerations by Secretary 

In carrying out the duties of the Secretary under sections 70001, 

70002, and 70003, the Secretary shall— 

(1) take into account all relevant factors concerning navigation and vessel safety, protection of the marine environment, 

and the safety and security of United States ports and waterways, including— 

(A) the scope and degree of the risk or hazard involved; 

(B) vessel traffic characteristics and trends, including 

traffic volume, the sizes and types of vessels involved, potential interference with the flow of commercial traffic, the 

presence of any unusual cargoes, and other similar factors; 

(C) port and waterway configurations and variations in 

local conditions of geography, climate, and other similar 

factors; 

(D) the need for granting exemptions for the installation 

and use of equipment or devices for use with vessel traffic 

services for certain classes of small vessels, such as self-propelled fishing vessels and recreational vessels; 

(E) the proximity of fishing grounds, oil and gas drilling 

and production operations, or any other potential or actual 

conflicting activity; 

(F) environmental factors; 

(G) economic impact and effects; 

(H) existing vessel traffic services; and 

(I) local practices and customs, including voluntary arrangements and agreements within the maritime community; and 

(2) at the earliest possible time, consult with and receive and 

consider the views of representatives of the maritime community, ports and harbor authorities or associations, environmental groups, and other persons who may be affected by the 

proposed actions. 

§ 70005. International agreements 

(a) TRANSMITTAL OF REGULATIONS.—The Secretary shall transmit, via the Secretary of State, to appropriate international bodies 

or forums, any regulations issued under this subchapter, for consideration as international standards. 

(b) AGREEMENTS.—The President is authorized and encouraged 

to— 

(1) enter into negotiations and conclude and execute agreements with neighboring nations, to establish compatible vessel 

standards and vessel traffic services, and to establish, operate, 

and maintain international vessel traffic services, in areas and 

under circumstances of mutual concern; and 

(2) enter into negotiations, through appropriate international 

bodies, and conclude and execute agreements to establish vessel 

traffic services in appropriate areas of the high seas. 

(c) OPERATIONS.—The Secretary, pursuant to any agreement negotiated under subsection (b) that is binding upon the United States 

in accordance with constitutional requirements, may— 

(1) require vessels operating in an area of a vessel traffic service to utilize or to comply with the vessel traffic service, includVerDate Sep 11 2014 05:34 Jun 28, 2017 Jkt 069006 PO 00000 Frm 00087 Fmt 6659 Sfmt 6603 E:\HR\OC\HR194.XXX HR194
88 

ing the carrying or installation of equipment and devices as 

necessary for the use of the service; and 

(2) waive, by order or regulation, the application of any 

United States law or regulation concerning the design, construction, operation, equipment, personnel qualifications, and 

manning standards for vessels operating in waters over which 

the United States exercises jurisdiction if such vessel is not en 

route to or from a United States port or place, and if vessels 

en route to or from a United States port or place are accorded 

equivalent waivers of laws and regulations of the neighboring 

nation, when operating in waters over which that nation exercises jurisdiction. 

(d) SHIP REPORTING SYSTEMS.—The Secretary, in cooperation 

with the International Maritime Organization, may implement and 

enforce two mandatory ship reporting systems, consistent with international law, with respect to vessels subject to such reporting systems entering the following areas of the Atlantic Ocean: 

(1) Cape Cod Bay, Massachusetts Bay, and Great South 

Channel (in the area generally bounded by a line starting from 

a point on Cape Ann, Massachusetts at 42 deg. 39′ N., 70 deg. 

37′ W; then northeast to 42 deg. 45′ N., 70 deg. 13′ W; then 

southeast to 42 deg. 10′ N., 68 deg. 31′ W, then south to 41 deg. 

00′ N., 68 deg. 31′ W; then west to 41 deg. 00′ N., 69 deg. 17′ 

W; then northeast to 42 deg. 05′ N., 70 deg. 02′ W, then west 

to 42 deg. 04′ N., 70 deg. 10′ W; and then along the Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay back 

to the point on Cape Ann at 42 deg. 39′ N., 70 deg. 37′ W). 

(2) In the coastal waters of the Southeastern United States 

within about 25 nm along a 90 nm stretch of the Atlantic seaboard (in an area generally extending from the shoreline east 

to longitude 80 deg. 51.6′ W with the southern and northern 

boundary at latitudes 30 deg. 00′ N., 31 deg. 27′ N., respectively). 

SUBCHAPTER B—PORTS AND WATERWAYS SAFETY 

§ 70011. Waterfront safety 

(a) IN GENERAL.—The Secretary may take such action as is necessary to— 

(1) prevent damage to, or the destruction of, any bridge or 

other structure on or in the navigable waters of the United 

States, or any land structure or shore area immediately adjacent to such waters; and 

(2) protect the navigable waters and the resources therein 

from harm resulting from vessel or structure damage, destruction, or loss. 

(b) ACTIONS AUTHORIZED.—Actions authorized by subsection (a) 

include— 

(1) establishing procedures, measures, and standards for the 

handling, loading, unloading, storage, stowage, and movement 

on a structure (including the emergency removal, control, and 

disposition) of explosives or other dangerous articles and substances, including oil or hazardous material as those terms are 

defined in section 2101; 

89 

(2) prescribing minimum safety equipment requirements for a 

structure to assure adequate protection from fire, explosion, natural disaster, and other serious accidents or casualties; 

(3) establishing water or waterfront safety zones, or other 

measures, for limited, controlled, or conditional access and activity when necessary for the protection of any vessel, structure, 

waters, or shore area; and 

(4) establishing procedures for examination to assure compliance with the requirements prescribed under this section. 

(c) STATE LAW.—Nothing in this section, with respect to structures, prohibits a State or political subdivision thereof from prescribing higher safety equipment requirements or safety standards 

than those that may be prescribed by regulations under this section. 

§ 70012. Navigational hazards 

(a) REPORTING PROCEDURE.—The Secretary shall establish a program to encourage fishermen and other vessel operators to report 

potential or existing navigational hazards involving pipelines to the 

Secretary through Coast Guard field offices. 

(b) SECRETARY’S RESPONSE.— 

(1) NOTIFICATION BY THE OPERATOR OF A PIPELINE.—Upon 

notification by the operator of a pipeline of a hazard to navigation with respect to that pipeline, the Secretary shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials Safety Administration, other affected Federal 

and State agencies, and vessel owners and operators in the 

pipeline’s vicinity. 

(2) NOTIFICATION BY OTHER PERSONS.—Upon notification by 

any other person of a hazard or potential hazard to navigation 

with respect to a pipeline, the Secretary shall promptly determine whether a hazard exists, and if so shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous 

Materials Safety Administration, other affected Federal and 

State agencies, vessel owners and operators in the pipeline’s vicinity, and the owner and operator of the pipeline. 

(c) PIPELINE DEFINED.—For purposes of this section, the term 

‘‘pipeline’’ has the meaning given the term ‘‘pipeline facility’’ in section 60101(a)(18) of title 49. 

§ 70013. Requirement to notify Coast Guard of release of objects into the navigable waters of the United States 

(a) REQUIREMENT.—As soon as a person has knowledge of any release from a vessel or facility into the navigable waters of the 

United States of any object that creates an obstruction prohibited 

under section 10 of the Act of March 3, 1899, popularly known as 

the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 403), 

such person shall notify the Secretary and the Secretary of the Army 

of such release. 

(b) RESTRICTION ON USE OF NOTIFICATION.—Any notification provided by an individual in accordance with subsection (a) may not 

be used against such individual in any criminal case, except a prosecution for perjury or for giving a false statement. 

90 

SUBCHAPTER C—CONDITION FOR ENTRY INTO PORTS IN 

THE UNITED STATES 

§ 70021. Conditions for entry to ports in the United States 

(a) IN GENERAL.—No vessel that is subject to chapter 37 shall operate in the navigable waters of the United States or transfer cargo 

or residue in any port or place under the jurisdiction of the United 

States, if such vessel— 

(1) has a history of accidents, pollution incidents, or serious 

repair problems that, as determined by the Secretary, creates 

reason to believe that such vessel may be unsafe or may create 

a threat to the marine environment; 

(2) fails to comply with any applicable regulation issued 

under this chapter, chapter 37, or any other applicable law or 

treaty; 

(3) discharges oil or hazardous material in violation of any 

law of the United States or in a manner or quantities inconsistent with any treaty to which the United States is a party; 

(4) does not comply with any applicable vessel traffic service 

requirements; 

(5) is manned by one or more officers who are licensed by a 

certificating State that the Secretary has determined, pursuant 

to section 9101 of title 46, does not have standards for licensing 

and certification of seafarers that are comparable to or more 

stringent than United States standards or international standards that are accepted by the United States; 

(6) is not manned in compliance with manning levels as determined by the Secretary to be necessary to insure the safe 

navigation of the vessel; or 

(7) while underway, does not have at least one licensed deck 

officer on the navigation bridge who is capable of clearly understanding English. 

(b) EXCEPTIONS.— 

(1) IN GENERAL.—The Secretary may allow provisional entry 

of a vessel that is not in compliance with subsection (a), if the 

owner or operator of such vessel proves, to the satisfaction of the 

Secretary, that such vessel is not unsafe or a threat to the marine environment, and if such entry is necessary for the safety 

of the vessel or persons aboard. 

(2) PROVISIONS NOT APPLICABLE.—Paragraphs (1), (2), (3), 

and (4) of subsection (a) of this section shall not apply to a vessel allowed provisional entry under paragraph (1) if the owner 

or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is no longer unsafe or a threat to the 

marine environment, and is no longer in violation of any applicable law, treaty, regulation or condition, as appropriate. 

SUBCHAPTER D—DEFINITIONS, REGULATIONS, 

ENFORCEMENT, INVESTIGATORY POWERS, APPLICABILITY 

§ 70031. Definitions 

As used in this chapter, unless the context otherwise requires: 

(1) The term ‘‘marine environment’’ means— 

(A) the navigable waters of the United States and the 

land and resources therein and thereunder; 

91 

(B) the waters and fishery resources of any area over 

which the United States asserts exclusive fishery management authority; 

(C) the seabed and subsoil of the Outer Continental Shelf 

of the United States, the resources thereof, and the waters 

superjacent thereto; and 

(D) the recreational, economic, and scenic values of such 

waters and resources. 

(2) The term ‘‘Secretary’’ means the Secretary of the department in which the Coast Guard is operating, except that such 

term means the Secretary of Transportation with respect to the 

application of this chapter to the Saint Lawrence Seaway. 

(3) The term ‘‘navigable waters of the United States’’ includes 

all waters of the territorial sea of the United States as described 

in Presidential Proclamation No. 5928 of December 27, 1988. 

§ 70032. Saint Lawrence Seaway 

The authority granted to the Secretary under sections 70001, 

70002, 70003, 7004, and 70011 may not be delegated with respect 

to the Saint Lawrence Seaway to any agency other than the Saint 

Lawrence Seaway Development Corporation. Any other authority 

granted the Secretary under this chapter shall be delegated by the 

Secretary to the Saint Lawrence Seaway Development Corporation 

to the extent the Secretary determines such delegation is necessary 

for the proper operation of the Saint Lawrence Seaway. 

§ 70033. Limitation on application to foreign vessels 

Except pursuant to international treaty, convention, or agreement, 

to which the United States is a party, this chapter shall not apply 

to any foreign vessel that is not destined for, or departing from, a 

port or place subject to the jurisdiction of the United States and 

that is in— 

(1) innocent passage through the territorial sea of the United 

States; or 

(2) transit through the navigable waters of the United States 

that form a part of an international strait. 

§ 70034. Regulations 

(a) IN GENERAL.—In accordance with section 553 of title 5, the 

Secretary shall issue, and may from time to time amend or repeal, 

regulations necessary to implement this chapter. 

(b) CONSULTATION.—In the exercise of the regulatory authority 

under this chapter, the Secretary shall consult with, and receive 

and consider the views of all interested persons, including— 

(1) interested Federal departments and agencies; 

(2) officials of State and local governments; 

(3) representatives of the maritime community; 

(4) representatives of port and harbor authorities or associations; 

(5) representatives of environmental groups; 

(6) any other interested persons who are knowledgeable or experienced in dealing with problems involving vessel safety, port 

and waterways safety, and protection of the marine environment; and 

92 

(7) advisory committees consisting of all interested segments 

of the public when the establishment of such committees is considered necessary because the issues involved are highly complex or controversial. 

§ 70035. Investigatory powers 

(a) SECRETARY.—The Secretary may investigate any incident, accident, or act involving the loss or destruction of, or damage to, any 

structure subject to this chapter, or that affects or may affect the 

safety or environmental quality of the ports, harbors, or navigable 

waters of the United States. 

(b) POWERS.—In an investigation under this section, the Secretary 

may issue subpoenas to require the attendance of witnesses and the 

production of documents or other evidence relating to such incident, 

accident, or act. If any person refuses to obey a subpoena, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance 

with the subpoena. Any district court of the United States may, in 

the case of refusal to obey a subpoena, issue an order requiring compliance with the subpoena, and failure to obey the order may be 

punished by the court as contempt. Witnesses may be paid fees for 

travel and attendance at rates not exceeding those allowed in a district court of the United States. 

§ 70036. Enforcement 

(a) CIVIL PENALTY.— (1) IN GENERAL.—Any person who is found by the Secretary, 

after notice and an opportunity for a hearing, to have violated 

this chapter or a regulation issued under this chapter shall be 

liable to the United States for a civil penalty, not to exceed 

$25,000 for each violation. Each day of a continuing violation 

shall constitute a separate violation. The amount of such civil 

penalty shall be assessed by the Secretary, or the Secretary’s 

designee, by written notice. In determining the amount of such 

penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such 

other matters as justice may require. 

(2) COMPROMISE, MODIFICATION, OR REMISSION.—The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that is subject to imposition or that 

has been imposed under this section. 

(3) FAILURE TO PAY PENALTY.—If any person fails to pay an 

assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General of the 

United States, for collection in any appropriate district court of 

the United States. 

(b) CRIMINAL PENALTY.— (1) CLASS D FELONY.—Any person who willfully and knowingly violates this chapter or any regulation issued hereunder 

commits a class D felony. 

(2) CLASS C FELONY.—Any person who, in the willful and 

knowing violation of this chapter or of any regulation issued 

under this chapter, uses a dangerous weapon, or engages in 

93 

conduct that causes bodily injury or fear of imminent bodily injury to any officer authorized to enforce the provisions of this 

chapter or the regulations issued under this chapter, commits 

a class C felony. 

(c) IN REM LIABILITY.—Any vessel that is used in violation of this 

chapter, or any regulations issued under this chapter, shall be liable 

in rem for any civil penalty assessed pursuant to subsection (a) and 

may be proceeded against in the United States district court for any 

district in which such vessel may be found. 

(d) INJUNCTION.—The United States district courts shall have jurisdiction to restrain violations of this chapter or of regulations 

issued under this chapter, for cause shown. 

(e) DENIAL OF ENTRY.—Except as provided in section 70021, the 

Secretary may, subject to recognized principles of international law, 

deny entry by any vessel that is not in compliance with this chapter 

or the regulations issued under this chapter— 

(1) into the navigable waters of the United States; or 

(2) to any port or place under the jurisdiction of the United 

States. 

(f) WITHHOLDING OF CLEARANCE.— 

(1) IN GENERAL.—If any owner, operator, or individual in 

charge of a vessel is liable for a penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty or 

fine under this section, the Secretary of the Treasury, upon the 

request of the Secretary, shall with respect to such vessel refuse 

or revoke any clearance required by section 60105 of title 46. 

(2) GRANTING CLEARANCE REFUSED OR REVOKED.—Clearance 

refused or revoked under this subsection may be granted upon 

filing of a bond or other surety satisfactory to the Secretary. 

CHAPTER 701—PORT SECURITY 

SUBCHAPTER I—GENERAL 

Sec. 

70101. Definitions. 

* * * * * * * 

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

* * * * * * * 

SUBCHAPTER I—GENERAL 

§ 70102a. Port, harbor, and coastal facility security 

(a) GENERAL AUTHORITY.—The Secretary may take actions described in subsection (b) to prevent or respond to an act of terrorism 

against— 

(1) an individual, vessel, or public or commercial structure, 

that is— 

(A) subject to the jurisdiction of the United States; and 

(B) located within or adjacent to the marine environment; 

or 

(2) a vessel of the United States or an individual on board 

that vessel. 

(b) SPECIFIC AUTHORITY.—Under subsection (a), the Secretary 

may— 

94 

(1) carry out or require measures, including inspections, port 

and harbor patrols, the establishment of security and safety 

zones, and the development of contingency plans and procedures, to prevent or respond to acts of terrorism; 

(2) recruit members of the Regular Coast Guard and the 

Coast Guard Reserve and train members of the Regular Coast 

Guard and the Coast Guard Reserve in the techniques of preventing and responding to acts of terrorism; and 

(3) dispatch properly trained and qualified armed Coast 

Guard personnel on vessels and public or commercial structures 

on or adjacent to waters subject to United States jurisdiction to 

deter or respond to acts of terrorism or transportation security 

incidents, as defined in section 70101 of title 46, United States 

Code. 

(c) DEFINITIONS, ADMINISTRATION, AND ENFORCEMENT.—This section shall be treated as part of chapter 700 for purposes of sections 

70031, 70032, 70034, 70035, and 70036. 

* * * * * * * 

SUBTITLE VIII—Miscellaneous 

* * * * * * * 

807. Position, navigation, and timing ......................................................... 80701. 

* * * * * * * 

CHAPTER 807—POSITION, NAVIGATION, AND TIMING 

Sec. 

80701. Land-based complementary and backup positioning, navigation, and timing 

system. 

SEC. 80701. Land-based complementary and backup positioning, navigation, 

and timing system 

(a) eLORAN.—Subject to the availability of appropriations, the 

Secretary shall provide for the establishment, sustainment, and operation of a reliable land-based enhanced LORAN, or eLORAN, positioning, navigation, and timing system. 

(b) PURPOSE.—The purpose of the system established under subsection (a) is to provide a complement to, and backup for, the Global 

Positioning System (in this section referred to as ‘‘GPS’’) to ensure 

the availability of uncorrupted and nondegraded positioning, navigation, and timing signals for military and civilian users in the 

event that GPS signals are corrupted, degraded, unreliable, or otherwise unavailable. 

(c) REQUIREMENTS.—The system established under subsection (a) 

shall— 

(1) be wireless; 

(2) be terrestrial; 

(3) provide wide-area coverage; 

(4) transmit a precise, high-power 100 kilohertz signal and 

meet the one microsecond accuracy requirement specified in the 

Federal Radio Navigation Plan; 

(5) be synchronized with coordinated universal time; 

(6) be resilient and extremely difficult to disrupt or degrade; 

(7) be able to penetrate underground and inside buildings; 

95 

(8) be capable of deployment to remote locations; 

(9) take full advantage of the infrastructure of the existing, 

unused Coast Guard long-range navigation system (commonly 

known as ‘‘LORAN–C’’), and subject to the concurrence and 

agreement of other agencies, unused facilities associated with 

the Ground Wave Emergency Network and Nationwide Differential GPS systems; 

(10) utilize and leverage the capabilities of the entity for development, building, and operation of the system; 

(11) function in an interoperable and complementary manner 

with other similar positioning, navigation, and timing systems; 

(12) be made available by the Secretary for use by other Federal agencies for public purposes at no cost; and 

(13) incorporate such other requirements determined necessary by the Secretary with respect to such agencies. 

(d) REQUEST FOR PROPOSALS.— 

(1) IN GENERAL.—Under authority granted by section 

93(a)(25) of title 14, United States Code, and not later than 

three months after the date of enactment of this section, the Secretary shall publish a request for proposals by non-Federal persons for the development, building, and operation of the system 

described in subsection (c). 

(2) ELEMENTS.—Proposals submitted under this subsection 

shall include, at a minimum— 

(A) an eLORAN system architecture; and 

(B) a timetable for the delivery of— 

(i) a nationwide backup timing signal not later than 

two years after the last date on which proposals are accepted under the request published under paragraph 

(1); and 

(ii) a nationwide position and navigation signal not 

later than three years after such date. 

(e) SELECTION.—Using competitive procedures similar to those authorized under section 2667 of title 10, the Secretary may select a 

proposal from proposals received in response to the request for proposals under subsection (d). 

(f) AGREEMENT.— (1) IN GENERAL.—The Secretary may enter into a cooperative 

agreement (as that term is used in section 6305 of title 31) with 

an entity upon such terms as the Secretary determines will 

carry out the purpose of the system under subsection (b). 

(2) CONTENT.—An agreement under this subsection shall— 

(A) require the Secretary to provide the entity— 

(i) access to existing infrastructure and facilities described in subsection (c)(9) and provided as Government-furnished property (as that term is defined in section 45.101 of the Federal Acquisition Regulation, as in 

effect on the date of the enactment of the Coast Guard 

Authorization Act of 2017), for a minimum of 20 years; 

(ii) full use of the necessary electromagnetic spectrum 

wavelength associated with the LORAN-C system for 

use by the system required under subsection (a) and 

provided as such Government-furnished property; and 

(iii) approval for the reconstruction of towers that are 

part of the infrastructure described in subsection (c)(9); 

96 

(B) specify that all necessary capital expenditures be 

made by the entity; 

(C) set performance standards for the signals transmitted 

by the system; 

(D) require the Secretary to monitor and ensure the signals transmitted by the system conform to the performance 

standards of the agreement and are safe for use; 

(E) set the terms under which the Secretary has access to 

such signals; 

(F) subject to any national security requirements established by the Secretary of Defense and so long as activities 

described in clauses (i) and (ii) of subsection (B) do not 

interfere with the primary purpose of providing positioning, 

navigation, and timing services, allow the entity to— 

(i) market, promote, and sell eLORAN positioning, 

navigation, and timing services to commercial and 

noncommercial third parties; and 

(ii) generate revenue from such sale to non-Federal 

third parties of communications and other related services that result from the use of Government facilities 

and spectrum provided under this paragraph; 

(G) require the entity pay to the United States a portion 

of revenue received by the entity under subparagraph (F); 

(H) require the entity to assume all financial risk for the 

completion and operational capability of the eLORAN system and may require a performance bond from the entity 

to guarantee that risk; 

(I) require the entity to assist international organizations 

and foreign governments on issues related to eLORAN and 

similar systems; and 

(J) include such other terms and conditions as the Secretary determines to be necessary to carry out the purposes 

of this section. 

(3) REVENUE SHARING REQUIREMENT.— 

(A) IN GENERAL.—The requirement under paragraph 

(2)(G) shall require the entity to pay to the United States 

an equitable share of the revenue generated by the entity 

under paragraph (2)(F), in the fiscal year following the fiscal year in which such revenue is generated. 

(B) AMOUNT.—The amount of such payments shall take 

into account— 

(i) the capital investment by the entity to build the 

system and annual costs incurred by the entity to operate and maintain the system; and 

(ii) the capital and operating expenses incurred by 

the entity to upgrade the eLORAN system and related 

systems over the effective period of the agreement. 

(4) EFFECTIVE DATE OF RISK REQUIREMENT.—The requirement 

in paragraph (2)(H) shall be contingent upon, and take effect 

upon, the Secretary determining that the requirements under 

paragraph (2)(A) have been fulfilled. 

(g) CERCLA NOT AFFECTED.—This section shall not be construed 

to limit the application of or otherwise affect section 120(h) of the 

Comprehensive Environmental Response, Compensation, and LiVerDate Sep 11 2014 05:34 Jun 28, 2017 Jkt 069006 PO 00000 Frm 00096 Fmt 6659 Sfmt 6603 E:\HR\OC\HR194.XXX HR194
97 

ability Act of 1980 (42 U.S.C. 9620(h)) for Federal Government facilities described in subsection (c)(9). 

(h) BIENNIAL REPORT TO CONGRESS.—Not later than one year 

after the date on which an agreement with an entity is entered into 

under subsection (f), and biennially thereafter, the Secretary shall 

provide to the Committee on Transportation and Infrastructure of 

the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate— 

(1) a report on the performance and progress of the entity in 

fulfilling its obligations under the agreement to build, operate 

and maintain the system established under subsection (a); and 

(2) an accounting of finances, expenses, and revenue associated with such performance, including payments made to the 

Secretary under section (f)(3). 

(i) DEFINITIONS.—In this section: 

(1) The term ‘‘entity’’ means a non-Federal entity whose proposal is selected under subsection (e). 

(2) The term ‘‘Secretary’’ means the Secretary of Transportation, acting through the Commandant of the Coast Guard. 

* * * * * * * 

PORTS AND WATERWAYS SAFETY ACT 

øSECTION 1. SHORT TITLE. 

øThis Act may be cited as the ‘‘Ports and Waterways Safety 

Act’’.¿ 

øSEC. 2. STATEMENT OF POLICY. 

øThe Congress finds and declares— 

ø(a) that navigation and vessel safety, protection of the marine 

environment, and safety and security of United States ports and 

waterways are matters of major national importance; 

ø(b) that increased vessel traffic in the Nation’s ports and waterways creates substantial hazard to life, property, and the marine 

environment; 

ø(c) that increased supervision of vessel and port operations is 

necessary in order to— 

ø(1) reduce the possibility of vessel or cargo loss, or damage 

to life, property, or the marine environment; 

ø(2) prevent damage to structures in, on, or immediately adjacent to the navigable waters of the United States or the resources within such waters; 

ø(3) insure that vessels operating in the navigable waters of 

the United States shall comply with all applicable standards 

and requirements for vessel construction, equipment, manning, 

and operational procedures; and 

ø(4) insure that the handling of dangerous articles and substances on the structures in, on, or immediately adjacent to the 

navigable waters of the United States is conducted in accordance with established standards and requirements; and 

ø(d) that advance planning is critical in determining proper and 

adequate protective measures for the Nation’s ports and waterways 

and the marine environment, with continuing consultation with 

other Federal agencies, State representatives, affected users, and 

98 

the general public, in the development and implementation of such 

measures. 

øSEC. 3. DEFINITIONS.— As used in this Act, unless the context 

otherwise requires— 

ø(1) ‘‘Marine environment’’ means the navigable waters of 

the United States and the land and resources therein and 

thereunder; the waters and fishery resources of any area over 

which the United States asserts exclusive fishery management 

authority; the seabed and subsoil of the Outer Continental 

Shelf of the United States, the resources thereof and the 

waters superjacent thereto; and the recreational, economic, and 

scenic values of such waters and resources. 

ø(2) ‘‘Secretary’’ means the Secretary of the department in 

which the Coast Guard is operating, except that ‘‘Secretary’’ 

means the Secretary of Transportation with respect to the application of this Act to the Saint Lawrence Seaway. 

ø(3) ‘‘State’’ includes each of the several States of the United 

States, the District of Columbia, the Commonwealth of Puerto 

Rico, the Canal Zone, Guam, American Samoa, the United 

States Virgin Islands, the Trust Territories of the Pacific Islands, the Commonwealth of the Northern Marianas, and any 

other commonwealth, territory, or possession of the United 

States. 

ø(4) ‘‘United States’’, when used in geographical context, 

means all the States thereof. 

ø(5) ‘‘Navigable waters of the United States’’ includes all 

waters of the territorial sea of the United States as described 

in Presidential Proclamation No. 5928 of December 27, 1988. 

øSEC. 4. VESSEL OPERATING REQUIREMENTS. 

ø(a) IN GENERAL.—Subject to the requirements of section 5, the 

Secretary— 

ø(1) in any port or place under the jurisdiction of the United 

States, in the navigable waters of the United States, or in any 

area covered by an international agreement negotiated pursuant to section 11, may construct, operate, maintain, improve, 

or expand vessel traffic services, consisting of measures for 

controlling or supervising vessel traffic or for protecting navigation and the marine environment and may include, but need 

not be limited to one or more of the following: reporting and 

operating requirements, surveillance and communications systems, routing systems, and fairways; 

ø(2) shall require appropriate vessels which operate in an 

area of a vessel traffic service to utilize or comply with that 

service; 

ø(3) may require vessels to install and use specified navigation equipment, communications equipment, electronic relative 

motion analyzer equipment, or any electronic or other device 

necessary to comply with a vessel traffic service or which is 

necessary in the interests of vessel safety: Provided, That the 

Secretary shall not require fishing vessels under 300 gross tons 

as measured under section 14502 of title 46, United States 

Code, or an alternate tonnage measured under section 14302 

of that title as prescribed by the Secretary under section 14104 

of that title or recreational vessels 65 feet or less to possess or 

99 

use the equipment or devices required by this subsection solely 

under the authority of this Act; 

ø(4) may control vessel traffic in areas subject to the jurisdiction of the United States which the Secretary determines to be 

hazardous, or under conditions of reduced visibility, adverse 

weather, vessel congestion, or other hazardous circumstances 

by— 

ø(A) specifying times of entry, movement, or departure; 

ø(B) establishing vessel traffic routing schemes; 

ø(C) establishing vessel size, speed, draft limitations and 

vessel operating conditions; and 

ø(D) restricting operation, in any hazardous area or 

under hazardous conditions, to vessels which have particular operating characteristics or capabilities which he 

considers necessary for safe operation under the circumstances; 

ø(5) may require the receipt of prearrival messages from any 

vessel, destined for a port or place subject to the jurisdiction 

of the United States, in sufficient time to permit advance vessel traffic planning prior to port entry, which shall include any 

information which is not already a matter of record and which 

the Secretary determines necessary for the control of the vessel 

and the safety of the port or the marine environment; and 

ø(6) may prohibit the use on vessels of electronic or other devices that interfere with communication and navigation equipment, except that such authority shall not apply to electronic 

or other devices certified to transmit in the maritime services 

by the Federal Communications Commission and used within 

the frequency bands 157.1875–157.4375 MHz and 161.7875– 

162.0375 MHz. 

ø(b) SPECIAL POWERS.—The Secretary may order any vessel, in 

a port or place subject to the jurisdiction of the United States or 

in the navigable waters of the United States, to operate or a anchor 

in a manner he directs if— 

ø(1) he has reasonable cause to believe such vessel does not 

comply with any regulation issued under this Act or any other 

applicable law or treaty; 

ø(2) he determines that such vessel does not satisfy the conditions for port entry set forth in section 9; or 

ø(3) by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of 

such vessel, he is satisfied that such directive is justified in the 

interest of safety. 

ø(c) PORT ACCESS ROUTES.—(1) In order to provide safe access 

routes for the movement of vessel traffic proceeding to or from 

ports or places subject to the jurisdiction of the United States, and 

subject to the requirements of paragraph (3) hereof, the Secretary 

shall designate necessary fairways and traffic separation schemes 

for vessels operating in the territorial sea of the United States and 

in high seas approaches, outside the territorial sea, to such ports 

or places. Such a designation shall recognize, within the designated 

area, the paramount right of navigation over all other uses. 

ø(2) No designation may be made by the Secretary pursuant to 

this subsection, if such a designation, as implemented, would deprive any person of the effective exercise of a right granted by a 

100 

lease or permit executed or issued under other applicable provisions of law: Provided, That such right has become vested prior to 

the time of publication of the notice required by clause (A) of paragraph (3) hereof: Provided further, That the determination as to 

whether the designation would so deprive any such person shall be 

made by the Secretary, after consultation with the responsible official under whose authority the lease was executed or the permit 

issued. 

ø(3) Prior to making a designation pursuant to paragraph (1) 

hereof, and in accordance with the requirements of section 5, the 

Secretary shall— 

ø(A) within six months after date of enactment of this Act 

(and may, from time to time thereafter), undertake a study of 

the potential traffic density and the need for safe access routes 

for vessels in any area for which fairways or traffic separation 

schemes are proposed or which may otherwise be considered 

and shall publish notice of such undertaking in the Federal 

Register; 

ø(B) in consultation with the Secretary of State, the Secretary of the Interior, the Secretary of Commerce, the Secretary of the Army, and the Governors of affected States, as 

their responsibilities may require, take into account all other 

uses of the area under consideration (including, as appropriate, 

the exploration for, or exploitation of, oil, gas, or other mineral 

resources, the construction or operation of deepwater ports or 

other structures on or above the seabed or subsoil of the submerged lands or the Outer Continental Shelf of the United 

States, the establishment or operation of marine or estuarine 

sanctuaries, and activities involving recreational or commercial 

fishing); and 

ø(C) to the extent practicable, reconcile the need for safe access routes with the needs of all other reasonable uses of the 

area involved. 

ø(4) In carrying out his responsibilities under paragraph (3), the 

Secretary shall proceed expeditiously to complete any study undertaken. Thereafter, he shall promptly issue a notice of proposed 

rulemaking for the designation contemplated or shall have published in the Federal Register a notice that no designation is contemplated as a result of the study and the reason for such determination. 

ø(5) In connection with a designation made pursuant to this subsection, the Secretary— 

ø(A) shall issue reasonable rules and regulations governing 

the use of such designated areas, including the applicability of 

rules 9 and 10 of the International Regulations for Preventing 

Collisions at Sea, 1972, relating to narrow channels and traffic 

separation schemes, respectively, in waters where such regulations apply; 

ø(B) to the extent that he finds reasonable and necessary to 

effectuate the purposes of the designation, make the use of designated fairways and traffic separation schemes mandatory for 

specific types and sizes of vessels, foreign and domestic, operating in the territorial sea of the United States and for specific 

types and sizes of vessels of the United States operating on the 

high seas beyond the territorial sea of the United States; 

101 

ø(C) may, from time to time, as necessary, adjust the location or limits of designated fairways or traffic separation 

schemes, in order to accommodate the needs of other uses 

which cannot be reasonably accommodated otherwise: Provided, That such an adjustment will not, in the judgment of 

the Secretary, unacceptably adversely affect the purpose for 

which the existing designation was made and the need for 

which continues; and 

ø(D) shall, through appropriate channels, (i) notify cognizant 

international organizations of any designation, or adjustment 

thereof, and (ii) take action to seek the cooperation of foreign 

States in making it mandatory for vessels under their control 

to use any fairway or traffic separation scheme designated pursuant to this subsection in any area of the high seas, to the 

same extent as required by the Secretary for vessels of the 

United States. 

ø(d) EXCEPTION.—Except pursuant to international treaty, convention, or agreement, to which the United States is a party, this 

Act shall not apply to any foreign vessel that is not destined for, 

or departing from, a port or place subject to the jurisdiction of the 

United States and that is in— 

ø(1) innocent passage through the territorial sea of the 

United States, or 

ø(2) transit through the navigable waters of the United 

States which form a part of an international strait. 

ø(e) COOPERATIVE AGREEMENTS.—(1) The Secretary may enter 

into cooperative agreements with public or private agencies, authorities, associations, institutions, corporations, organizations, or 

other persons to carry out the functions under subsection (a)(1). 

ø(2) A nongovernmental entity may not under this subsection 

carry out an inherently governmental function. 

ø(3) As used in this paragraph, the term ‘‘inherently governmental function’’ means any activity that is so intimately related 

to the public interest as to mandate performance by an officer or 

employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of 

the Government or the use of judgment in making a decision for 

the Government. 

øSEC. 5. CONSIDERATIONS BY SECRETARY. 

øIn carrying out his duties and responsibilities under section 4, 

the Secretary shall— 

ø(a) take into account all relevant factors concerning navigation 

and vessel safety, protection of the marine environment, and the 

safety and security of United States ports and waterways, including but not limited to— 

ø(1) the scope and degree of the risk or hazard involved; 

ø(2) vessel traffic characteristics and trends, including traffic 

volume, the sizes and types of vessels involved, potential interference with the flow of commercial traffic, the presence of any 

unusual cargoes, and other similar factors; 

ø(3) port and waterway configurations and variations in local 

conditions of geography, climate, and other similar factors; 

ø(4) the need for granting exemptions for the installation 

and use of equipment or devices for use with vessel traffic 

102 

services for certain classes of small vessels, such as self-propelled fishing vessels and recreational vessels; 

ø(5) the proximity of fishing grounds, oil and gas drilling and 

production operations, or any other potential or actual conflicting activity; 

ø(6) environmental factors; 

ø(7) economic impact and effects; 

ø(8) existing vessel traffic services; and 

ø(9) local practices and customs, including voluntary arrangements and agreements within the maritime community; 

and 

ø(b) at the earliest possible time, consult with and receive and 

consider the views of representatives of the maritime community, 

ports and harbor authorities or associations, environmental groups, 

and other parties who may be affected by the proposed actions. 

øSEC. 6. WATERFRONT SAFETY. 

ø(a) IN GENERAL.—The Secretary may take such action as is necessary to— 

ø(1) prevent damage to, or the destruction of, any bridge or 

other structure on or in the navigable waters of the United 

States, or any land structure or shore area immediately adjacent to such waters; and 

ø(2) protect the navigable waters and the resources therein 

from harm resulting from vessel or structure damage, destruction, or loss. Such action may include, but need not be limited 

to— 

ø(A) establishing procedures, measures, and standards 

for the handling, loading, unloading, storage, stowage, and 

movement on the structure (including the emergency removal, control, and disposition) of explosives or other dangerous articles and substances, including oil or hazardous 

material as those terms are defined in section 4417a of the 

Revised Statutes, as amended; 

ø(B) prescribing minimum safety equipment requirements for the structure to assure adequate protection from 

fire, explosion, natural disaster, and other serious accidents or casualties; 

ø(C) establishing water or waterfront safety zones, or 

other measures for limited, controlled, or conditional access and activity when necessary for the protection of any 

vessel, structure, waters, or shore area; and 

ø(D) establishing procedures for examination to assure 

compliance with the requirements prescribed under this 

section. 

ø(b) STATE LAW.—Nothing contained in this section, with respect 

to structures, prohibits a State or political subdivision thereof from 

prescribing higher safety equipment requirements or safety standards than those which may be prescribed by regulations hereunder. 

øSEC. 8. INVESTIGATORY POWERS. 

ø(a) SECRETARY.—The Secretary may investigate any incident, 

accident, or act involving the loss or destruction of, or damage to, 

any structure subject to this Act, or which affects or may affect the 

safety or environmental quality of the ports, harbors, or navigable 

waters of the United States. 

103 

ø(b) POWERS.—In an investigation under this section, the Secretary may issue subpenas to require the attendance of witnesses 

and the production of documents or other evidence relating to such 

incident, accident, or act. If any person refuses to obey a subpena, 

the Secretary may request the Attorney General to invoke the aid 

of the appropriate district court of the United States to compel 

compliance with the subpena. Any district court of the United 

States may, in the case of refusal to obey a subpena, issue an order 

requiring compliance with the subpena, and failure to obey the 

order may be punished by the court as contempt. Witnesses may 

be paid fees for travel and attendance at rates not exceeding those 

allowed in a district court of the United States. 

øSEC. 9. CONDITIONS FOR ENTRY TO PORTS OF THE UNITED

STATES. 

ø(a) IN GENERAL.—No vessel, subject to the provisions of chapter 

37 of title 46, United States Code, shall operate in the navigable 

waters of the United States or transfer cargo or residue in any port 

or place under the jurisdiction of the United States, if such vessel— 

ø(1) has a history of accidents, pollution incidents, or serious 

repair problems which, as determined by the Secretary, creates 

reason to believe that such vessel may be unsafe or may create 

a threat to the marine environment; or 

ø(2) fails to comply with any applicable regulation issued 

under this Act, under chapter 37 of title 46, United States 

Code, or under any other applicable law or treaty; or 

ø(3) discharges oil or hazardous material in violation of any 

law of the United States or in a manner or quantities inconsistent with the provisions of any treaty to which the United 

States is a party; or 

ø(4) does not comply with any applicable vessel traffic service requirements; or 

ø(5) is manned by one or more officers who are licensed by 

a certificating state which the Secretary has determined, pursuant to section 9101 of title 46, United States Code, does not 

have standards for licensing and certification of seafarers 

which are comparable to or more stringent than United States 

standards or international standards which are accepted by the 

United States; or 

ø(6) is not manned in compliance with manning levels as determined by the Secretary to be necessary to insure the safe 

navigation of the vessel; or 

ø(7) while underway, does not have at least one licensed 

deck officer on the navigation bridge who is capable of clearly 

understanding English. 

ø(b) EXCEPTIONS.—The Secretary may allow provisional entry of 

a vessel not in compliance with subsection (a), if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that 

such vessel is not unsafe or a threat to the marine environment, 

and if such entry is necessary for the safety of the vessel or persons 

aboard. In addition, paragraphs (1), (2), (3), and (4) of subsection 

(a) shall not apply if the owner or operator of such vessel proves, 

to the satisfaction of the Secretary, that such vessel is no longer 

unsafe or a threat to the marine environment, and is no longer in 

violation of any applicable law, treaty, regulation or condition, as 

104 

appropriate. Clauses (5) and (6) of subsection (a) shall become applicable eighteen months after the effective date of this section. 

øSEC. 10. APPLICABILITY. øThis Act shall not apply to the Panama Canal. The authority 

granted to the Secretary under sections 4, 5, and 6 of this Act shall 

not be delegated with respect to the Saint Lawrence Seaway to any 

agency other than the Saint Lawrence Seaway Development Corporation. Any other authority granted the Secretary under this Act 

shall be delegated to the Saint Lawrence Seaway Development Corporation to the extent he determines such delegation is necessary 

for the proper operation of the Saint Lawrence Seaway. 

øSEC. 11. INTERNATIONAL AGREEMENTS. 

ø(a) TRANSMITTAL OF REGULATIONS.—The Secretary shall transmit, via the Secretary of State, to appropriate international bodies 

or forums, any regulations issued under this Act, for consideration 

as international standards. 

ø(b) AGREEMENTS.—The President is authorized and encouraged 

to— 

ø(1) enter into negotiations and conclude and execute agreements with neighboring nations, to establish compatible vessel 

standards and vessel traffic services, and to establish, operate, 

and maintain international vessel traffic services, in areas and 

under circumstances of mutual concern; and 

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

ø(c) OPERATIONS.—The Secretary, pursuant to any agreement negotiated under subsection (b) which is binding upon the United 

States in accordance with constitutional requirements, may— 

ø(1) require vessels in the vessel traffic service area to utilize 

or to comply with the vessel traffic service, including the carrying or installation of equipment and devices as necessary for 

the use of the service; and 

ø(2) waive, by order or regulation, the application of any 

United States law or regulation concerning the design, construction, operation, equipment, personnel qualifications, and 

manning standards for vessels operating in waters over which 

the United States exercises jurisdiction if such vessel is not en 

route to or from a United States port or place, and if vessels 

en route to or from a United States port or place are accorded 

equivalent waivers of laws and regulations of the neighboring 

nation, when operating in waters over which that nation exercises jurisdiction. 

ø(d) SHIP REPORTING SYSTEMS.—The Secretary, in cooperation 

with the International Maritime Organization, is authorized to implement and enforce two mandatory ship reporting systems, consistent with international law, with respect to vessels subject to 

such reporting systems entering the following areas of the Atlantic 

Ocean: Cape Cod Bay, Massachusetts Bay, and Great South Channel (in the area generally bounded by a line starting from a point 

on Cape Ann, Massachusetts at 42 deg. 39′ N., 70 deg. 37′ W; then 

northeast to 42 deg. 45′ N., 70 deg. 13′ W; then southeast to 42 deg. 

10′ N., 68 deg. 31 W, then south to 41 deg. 00′ N., 68 deg. 31′ W; 

then west to 41 deg. 00′ N., 69 deg. 17′ W; then northeast to 42 

deg. 05′ N., 70 deg. 02′ W, then west to 42 deg. 04′ N., 70 deg. 10′ 

105 

W; and then along the Massachusetts shoreline of Cape Cod Bay 

and Massachusetts Bay back to the point on Cape Ann at 42 deg. 

39′ N., 70 deg. 37′ W) and in the coastal waters of the Southeastern 

United States within about 25 nm along a 90 nm stretch of the Atlantic seaboard (in an area generally extending from the shoreline 

east to longitude 80 deg. 51.6′ W with the southern and northern 

boundary at latitudes 30 deg. 00′ N., 31 deg. 27′ N., respectively). 

øSEC. 12. REGULATIONS. ø(a) IN GENERAL.—In accordance with the provisions of section 

553 of title 5, United States Code, as amended, the Secretary shall 

issue, and may from time to time amend or repeal, regulations necessary to implement this Act. 

ø(b) PROCEDURES.—The Secretary, in the exercise of this regulatory authority, shall establish procedures for consulting with, and 

receiving and considering the views of all interested parties, including— 

ø(1) interested Federal departments and agencies, 

ø(2) officials of State and local governments, 

ø(3) representatives of the maritime community, 

ø(4) representatives of port and harbor authorities or associations, 

ø(5) representatives of environmental groups, 

ø(6) any other interested parties who are knowledgeable or 

experienced in dealing with problems involving vessel safety, 

port and waterways safety, and protection of the marine environment, and 

ø(7) advisory committees consisting of all interested segments of the public when the establishment of such committees 

is considered necessary because the issues involved are highly 

complex or controversial. 

øSEC. 13. ENFORCEMENT. ø(a) CIVIL PENALTY.—(1) Any person who is found by the Secretary, after notice and an opportunity for a hearing, to have violated this Act or a regulation issued hereunder shall be liable to 

the United States for a civil penalty, not to exceed $25,000 for each 

violation. Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty shall be assessed 

by the Secretary, or his designee, by written notice. In determining 

the amount of such penalty, the Secretary shall take into account 

the nature, circumstances, extent and gravity of the prohibited acts 

committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other 

matters as justice may require. 

ø(2) The Secretary may compromise, modify, or remit, with or 

without conditions, any civil penalty which is subject to imposition 

or which has been imposed under this section. 

ø(3) If any person fails to pay an assessment of a civil penalty 

after it has become final, the Secretary may refer the matter to the 

Attorney General of the United States, for collection in any appropriate district court of the United States. 

ø(b) CRIMINAL PENALTY.—(1) Any person who willfully and knowingly violates this Act or any regulation issued hereunder commits 

a class D felony. 

ø(2) Any person who, in the willfull and knowing violation of this 

Act or of any regulation issued hereunder, uses a dangerous weapVerDate Sep 11 2014 05:34 Jun 28, 2017 Jkt 069006 PO 00000 Frm 00105 Fmt 6659 Sfmt 6602 E:\HR\OC\HR194.XXX HR194
106 

on, or engages in conduct that causes bodily injury or fear of imminent bodily injury to any officer authorized to enforce the provisions of this Act or the regulations issued hereunder, commits a 

class C felony. 

ø(c) IN REM LIABILITY.—Any vessel subject to the provisions of 

this Act, which is used in violation of this Act, or any regulations 

issued hereunder, shall be liable in rem for any civil penalty assessed pursuant to subsection (a) and may be proceeded against in 

the United States district court for any district in which such vessel may be found. 

ø(d) INJUNCTION.—The United States district courts shall have 

jurisdiction to restrain violations of this Act or of regulations issued 

hereunder, for cause shown. 

ø(e) DENIAL OF ENTRY.—Except as provided in section 9, the Secretary may, subject to recognized principles of international law, 

deny entry into the navigable waters of the United States or to any 

port or place under the jurisdiction of the United States to any vessel not in compliance with the provisions of this Act or the regulations issued hereunder. 

ø(f) WITHHOLDING OF CLEARANCE.—(1) If any owner, operator, or 

individual in charge of a vessel is liable for a penalty or fine under 

this section, or if reasonable cause exists to believe that the owner, 

operator, or individual in charge may be subject to a penalty or fine 

under this section, the Secretary of the Treasury, upon the request 

of the Secretary, shall with respect to such vessel refuse or revoke 

any clearance required by section 4197 of the Revised Statutes of 

the United States (46 App. U.S.C. 91). 

ø(2) Clearance refused or revoked under this subsection may be 

granted upon filing of a bond or other surety satisfactory to the 

Secretary. 

øSEC. 14. NAVIGATIONAL HAZARDS. 

ø(a) REPORTING PROCEDURE.—The Secretary shall establish a 

program to encourage fishermen and other vessel operators to report potential or existing navigational hazards involving pipelines 

to the Secretary through Coast Guard field offices. 

ø(b) SECRETARY’S RESPONSE.—(1) Upon notification by the operator of a pipeline of a hazard to navigation with respect to that 

pipeline, the Secretary shall immediately notify Coast Guard headquarters, the Office of Pipeline Safety, other affected Federal and 

State agencies, and vessel owners and operators in the pipeline’s 

vicinity. 

ø(2) Upon notification by any other person of a hazard or potential hazard to navigation with respect to a pipeline, the Secretary 

shall promptly determine whether a hazard exists, and if so shall 

immediately notify Coast Guard headquarters, the Office of Pipeline Safety, other affected Federal and State agencies, vessel owners and operators in the pipeline’s vicinity, and the owner and operator of the pipeline. 

ø(c) ESTABLISHMENT OF STANDARDS.—The Secretary shall, within 

six months after the date of enactment of this section, establish 

standards, for the purposes of this section, for what constitutes a 

hazard to navigation. 

ø(d) DEFINITION.—For purposes of this section, the term ‘‘pipelines’’ has the meaning given the term ‘‘pipeline facilities’’ in the 

107 

Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid 

Pipeline Safety Act of 1979. 

øSEC. 15. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF 

OBJECTS INTO THE NAVIGABLE WATERS OF THE UNITED 

STATES. 

ø(a) REQUIREMENT.—As soon as a person has knowledge of any 

release from a vessel or facility into the navigable waters of the 

United States of any object that creates an obstruction prohibited 

under section 10 of the Act of March 3, 1899, popularly known as 

the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 403), 

such person shall notify the Secretary and the Secretary of the 

Army of such release. 

ø(b) RESTRICTION ON USE OF NOTIFICATION.—Any notification 

provided by an individual in accordance with subsection (a) may 

not be used against such individual in any criminal case, except a 

prosecution for perjury or for giving a false statement.¿ 

COAST GUARD AUTHORIZATION ACT OF 1991 

* * * * * * * 

øSEC. 18. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE. 

ø(a)(1) There is established a Houston-Galveston Navigation 

SafetyAdvisory 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 isoperating (hereinafter in this part referred to as the 

‘‘Secretary’’) onmatters relating to the transit of vessels and products to and fromthe Ports of Galveston, Houston, Texas City, and 

Galveston Bay. TheSecretary shall, whenever practicable, consult 

with the Committeebefore taking any significant action related to 

navigation safety atthese port facilities. Any advice or recommendation made by theCommittee to the Secretary shall reflect 

the independent judgmentof the Committee on the matter concerned. 

ø(2) The Committee is authorized to make available to 

Congressany information, advice, and recommendations that 

the Committeeis authorized to give to the Secretary. The Committee shall meet atthe call of the Secretary, but in any event 

not less than once duringeach calendar year. All matters relating to or proceedings of theCommittee shall comply with the 

Federal Advisory Committee Act(5 App. U.S.C.). 

ø(b) The Committee shall consist of 19 members, who 

haveparticular expertise, knowledge, and experience regarding 

thetransportation, equipment, and techniques that are used to 

shipcargo and to navigate vessels in the inshore and the offshore 

watersof the Gulf of Mexico: 

ø(1) Two members who are employed by the Port of 

HoustonAuthority or have been selected by that entity to 

representthem. 

ø(2) Two members who are employed by the Port of 

Galvestonor the Texas City Port Complex or have been selected 

by thoseentities to represent them. 

108 

ø(3) Two members from organizations that represent shipowners,stevedores, shipyards, or shipping organizations 

domiciledin the State of Texas. 

ø(4) Two members representing organizations that operate 

tugsor barges that utilize the port facilities at Galveston, Houston,and Texas City Port Complex. 

ø(5) Two members representing shipping companies that 

transportcargo from the Ports of Galveston and Houston on liners,break bulk, or tramp steamer vessels. 

ø(6) Two members representing those who pilot or 

commandvessels that utilize the Ports of Galveston and Houston. 

ø(7) Two at-large members who may represent a 

particularinterest group but who utilize the port facilities at 

Galveston,Houston, and Texas City. 

ø(8) One member representing labor organizations which 

loadand unload cargo at the Ports of Galveston and Houston. 

ø(9) One member representing licensed merchant mariners,other than pilots, who perform shipboard duties on 

vesselswhich utilize the port facilities of Galveston and Houston. 

ø(10) One member representing environmental interests. 

ø(11) One member representing the general public. 

ø(12) One member representing recreational 

boatinginterests. 

ø(c) The Secretary shall appoint the members of the 

Committeeafter first soliciting nominations by notice published in 

the FederalRegister. The Secretary may request the head of any 

other Federalagency or department to designate a representative to 

advise theCommittee on matters within the jurisdiction of that 

agency ordepartment. 

ø(d) The Committee shall elect, by majority vote at its first meeting,one of the members of the Committee as the chairman and one 

ofthe members as the vice chairman. The vice chairman shall act 

as chairman in the absence or incapacity of, or in the event of 

avacancy in the Office of the Chairman. 

ø(e) Terms of members appointed to the Committee shall be for 

twoyears. The Secretary shall, not less often than once a year, publish notice in the Federal Register for solicitation of nominations 

formembership on the Committee. 

ø(f) Members of the Committee who are not officers or employees 

ofthe United States shall serve without pay and members of 

theCommittee who are officers or employees of the United States 

shallreceive 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, 

includingper diem in lieu of subsistence, as authorized by section 

5703 oftitle 5, United States Code. 

ø(h) The Committee shall terminate on September 30, 2020.¿ 

* * * * * * * 

øSEC. 27. SHIP SHOAL LIGHTHOUSE TRANSFER. 

øNotwithstanding another law, the Secretary of 

Transportationshall transfer without consideration to the city of 

Benvick, Louisiana,all rights, title, and interest of the United 

109 

States in the aid tonavigation structure known as the Ship Shoal 

Lighthouse,Louisiana. 

* * * * * * * 

¿ 

ACT OF AUGUST 18, 1894 

AN ACT Making appropriations for the construction, repair, and preservation of 

certain public works on rivers and harbors, and for other purposes. 

* * * * * * * 

SEC. 5. (a) That 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 willfully fail or refuse to open, 

or cause to be opened, the dram 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 two thousand dollars nor less one 

thousand dollars, 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. 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) 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) 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 ocVerDate Sep 11 2014 05:34 Jun 28, 2017 Jkt 069006 PO 00000 Frm 00109 Fmt 6659 Sfmt 6602 E:\HR\OC\HR194.XXX HR194
110 

curring 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) EXEMPTION.— (1) IN GENERAL.—A change to a schedule that governs the 

opening of a drawbridge that will be in effect for less than 6 

months shall not be subject to the rule making requirements of 

section 553 of title 5, United States Code. 

(2) ALTERNATE REQUIREMENTS.— (A) DUTIES OF SECRETARY.—The Secretary of the department in which the Coast Guard is operating shall provide 

notice of each such change through— 

(i) a local notice to mariners; 

(ii) a Coast Guard broadcast notice to mariners; or 

(iii) another method of notice that the Secretary considers appropriate. 

(B) OWNER AND OPERATOR DUTIES.—With respect to any 

drawbridge other than a railroad drawbridge, the owner or 

operator of such drawbridge shall provide notice of such a 

change to— 

(i) the general public, through publication in a newspaper of general circulation; 

(ii) the Department of Transportation or other public 

agency with administrative jurisdiction over the roadway that abuts the approach to such bridge; and 

(iii) the law enforcement organization with jurisdiction over the roadway that abuts the approach to such 

bridge. 

* * * * * * * 

MARINE DEBRIS RESEARCH, PREVENTION, AND 

REDUCTION ACT 

* * * * * * * 

SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated for each fiscal year 2006 

through 2010ø—¿ 

ø(1)¿ to the Administrator for carrying out sections 3 and 6, 

$10,000,000, of which no more than 10 percent may be for administrative costsø; and¿. 

ø(2) to the Secretary of the Department in which the Coast 

Guard is operating, for the use of the Commandant of the 

Coast Guard in carrying out section 4, $2,000,000, of which no 

more than 10 percent may be used for administrative costs.¿ 

111 

SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

Of the amounts authorized for each fiscal year under section 

2702(1) of title 14, United States Code, up to $2,000,000 are authorized for the Commandant to carry out section 4 of this Act, of which 

not more than 10 percent may be used for administrative costs. 

HOMELAND SECURITY ACT OF 2002 

* * * * * * * 

TITLE VIII—COORDINATION WITH NONFEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS 

* * * * * * * 

Subtitle H—Miscellaneous Provisions 

* * * * * * * 

SEC. 888. PRESERVING COAST GUARD MISSION PERFORMANCE. 

(a) DEFINITIONS.—In this section: 

(1) NON-HOMELAND SECURITY MISSIONS.—The term ‘‘nonhomeland security missions’’ means the following missions of 

the Coast Guard: 

(A) Marine safety. 

(B) Search and rescue. 

(C) Aids to navigation. 

(D) Living marine resources (fisheries law enforcement). 

(E) Marine environmental protection. 

(F) Ice operations. 

(2) HOMELAND SECURITY MISSIONS.—The term ‘‘homeland security missions’’ means the following missions of the Coast 

Guard: 

(A) Ports, waterways and coastal security. 

(B) Drug interdiction. 

(C) Migrant interdiction. 

(D) Defense readiness. 

(E) Other law enforcement. 

(b) TRANSFER.—There are transferred to the Department the authorities, functions, personnel, and assets of the Coast Guard, 

which shall be maintained as a distinct entity within the Department, including the authorities and functions of the Secretary of 

Transportation relating thereto. 

(c) MAINTENANCE OF STATUS OF FUNCTIONS AND ASSETS.—Notwithstanding any other provision of this Act, the authorities, functions, and capabilities of the Coast Guard to perform its missions 

shall be maintained intact and without significant reduction after 

the transfer of the Coast Guard to the Department, except as specified in subsequent Acts. 

112 

(d) CERTAIN TRANSFERS PROHIBITED.—No mission, function, or 

asset (including for purposes of this subsection any ship, aircraft, 

or helicopter) of the Coast Guard may be diverted to the principal 

and continuing use of any other organization, unit, or entity of the 

Department, except for details or assignments that do not reduce 

the Coast Guard’s capability to perform its missions. 

(e) CHANGES TO MISSIONS.— (1) PROHIBITION.—The Secretary may not substantially or 

significantly reduce the missions of the Coast Guard or the 

Coast Guard’s capability to perform those missions, except as 

specified in subsequent Acts. 

(2) WAIVER.—The Secretary may waive the restrictions 

under paragraph (1) for a period of not to exceed 90 days upon 

a declaration and certification by the Secretary to Congress 

that a clear, compelling, and immediate need exists for such a 

waiver. A certification under this paragraph shall include a detailed justification for the declaration and certification, including the reasons and specific information that demonstrate that 

the Nation and the Coast Guard cannot respond effectively if 

the restrictions under paragraph (1) are not waived. 

(f) DIRECT REPORTING TO SECRETARY.—Upon the transfer of the 

Coast Guard to the Department, the Commandant shall report directly to the Secretary without being required to report through 

any other official of the Department. 

(g) OPERATION AS A SERVICE IN THE NAVY.—None of the conditions and restrictions in this section shall apply when the Coast 

Guard operates as a service in the Navy under section 3 of title 14, 

United States Code. 

ø(h) REPORT ON ACCELERATING THE INTEGRATED DEEPWATER

SYSTEM.—Not later than 90 days after the date of enactment of 

this Act, the Secretary, in consultation with the Commandant of 

the Coast Guard, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee 

on Transportation and Infrastructure of the House of Representatives, and the Committees on Appropriations of the Senate and the 

House of Representatives that— 

ø(1) analyzes the feasibility of accelerating the rate of procurement in the Coast Guard’s Integrated Deepwater System 

from 20 years to 10 years; 

ø(2) includes an estimate of additional resources required; 

ø(3) describes the resulting increased capabilities; 

ø(4) outlines any increases in the Coast Guard’s homeland 

security readiness; 

ø(5) describes any increases in operational efficiencies; and 

ø(6) provides a revised asset phase-in time line.¿ 

* * * * * * * 

SECTION 604 OF THE HOWARD COBLE COAST GUARD 

AND MARITIME TRANSPORTATION ACT OF 2014 

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 

113 

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 fishery endorsement for the F/V Western Challenger (IMO number 5388108). 

OIL POLLUTION ACT OF 1990 

* * * * * * * 

SEC. 2. TABLE OF CONTENTS. 

The contents of this Act are as follows: 

TITLE I—OIL POLLUTION LIABILITY AND COMPENSATION 

Sec. 1001. Definitions. 

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TITLE V—PRINCE WILLIAM SOUND PROVISIONS 

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Sec. 5008. North Pacific Marine Research Institute. 

Sec. 5009. Vessel response plans in the Arctic. 

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TITLE I—OIL POLLUTION LIABILITY 

AND COMPENSATION 

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SEC. 1012. USES OF THE FUND. 

(a) USES GENERALLY.—The Fund shall be available to the President for— 

(1) the payment of removal costs, including the costs of monitoring removal actions, determined by the President to be consistent with the National Contingency Plan— 

(A) by Federal authorities; or 

(B) by a Governor or designated State official under subsection (d); 

(2) the payment of costs incurred by Federal, State, or Indian 

tribe trustees in carrying out their functions under section 

1006 for assessing natural resource damages and for developing and implementing plans for the restoration, rehabilitation, replacement, or acquisition of the equivalent of damaged 

resources determined by the President to be consistent with 

the National Contingency Plan; 

(3) the payment of removal costs determined by the President to be consistent with the National Contingency Plan as a 

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result of, and damages resulting from, a discharge, or a substantial threat of a discharge, of oil from a foreign offshore 

unit; 

(4) the payment of claims in accordance with section 1013 for 

uncompensated removal costs determined by the President to 

be consistent with the National Contingency Plan or uncompensated damages; 

(5) the payment of Federal administrative, operational, and 

personnel costs and expenses reasonably necessary for and incidental to the implementation, administration, and enforcement of this Act (including, but not limited to, sections 

1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117, 5006, 8103, 

and title VII) and subsections (b), (c), (d), (j), and (l) of section 

311 of the Federal Water Pollution Control Act (33 U.S.C. 

1321), as amended by this Act, with respect to prevention, removal, and enforcement related to oil discharges, provided 

that— 

(A) not more than $25,000,000 in each fiscal year shall 

be available to the Secretary for operating expenses incurred by the Coast Guard; 

(B) not more than $15,000,000 in each fiscal year shall 

be available to the Under Secretary of Commerce for 

Oceans and Atmosphere for expenses incurred by, and activities related to, response and damage assessment capabilities of the National Oceanic and Atmospheric Administration; 

(C) not more than $30,000,000 each year through the 

end of fiscal year 1992 shall be available to establish the 

National Response System under section 311(j) of the Federal Water Pollution Control Act, as amended by this Act, 

including the purchase and prepositioning of oil spill removal equipment; and 

(D) not more than $27,250,000 in each fiscal year shall 

be available to carry out title VII of this Act; and 

(6) the making of loans pursuant to the program established 

under section 1013(f). 

(b) DEFENSE TO LIABILITY FOR FUND.—The Fund shall not be 

available to pay any claim for removal costs or damages to a particular claimant, to the extent that the incident, removal costs, or 

damages are caused by the gross negligence or willful misconduct 

of that claimant. 

(c) OBLIGATION OF FUND BY FEDERAL OFFICIALS.—The President 

may promulgate regulations designating one or more Federal officials who may obligate money in accordance with subsection (a). 

(d) ACCESS TO FUND BY STATE OFFICIALS.— 

(1) IMMEDIATE REMOVAL.—In accordance with regulations 

promulgated under this section, the President, upon the request of the Governor of a State or pursuant to an agreement 

with a State under paragraph (2), may obligate the Fund for 

payment in an amount not to exceed $250,000 for removal 

costs consistent with the National Contingency Plan required 

for the immediate removal of a discharge, or the mitigation or 

prevention of a substantial threat of a discharge, of oil. 

(2) AGREEMENTS.— 

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(A) IN GENERAL.—The President shall enter into an 

agreement with the Governor of any interested State to establish procedures under which the Governor or a designated State official may receive payments from the Fund 

for removal costs pursuant to paragraph (1). 

(B) TERMS.—Agreements under this paragraph— 

(i) may include such terms and conditions as may be 

agreed upon by the President and the Governor of a 

State; 

(ii) shall provide for political subdivisions of the 

State to receive payments for reasonable removal 

costs; and 

(iii) may authorize advance payments from the Fund 

to facilitate removal efforts. 

(e) REGULATIONS.—The President shall— 

(1) not later than 6 months after the date of the enactment 

of this Act, publish proposed regulations detailing the manner 

in which the authority to obligate the Fund and to enter into 

agreements under this subsection shall be exercised; and 

(2) not later than 3 months after the close of the comment 

period for such proposed regulations, promulgate final regulations for that purpose. 

(f) RIGHTS OF SUBROGATION.—Payment of any claim or obligation 

by the Fund under this Act shall be subject to the United States 

Government acquiring by subrogation all rights of the claimant or 

State to recover from the responsible party. 

ø(g) AUDITS.— ø(1) IN GENERAL.—The Comptroller General of the United 

States shall conduct an audit, including a detailed accounting 

of each disbursement from the Fund in excess of $500,000 that 

is— 

ø(A) disbursed by the National Pollution Fund Center 

and not reimbursed by the responsible party; and 

ø(B) administered and managed by the receiving Federal 

agencies, including final payments made to agencies and 

contractors and, to the extent possible, subcontractors. 

ø(2) FREQUENCY.—The audits shall be conducted— 

ø(A) at least once every 3 years after the date of enactment of the Coast Guard Authorization Act of 2010 until 

2016; and 

ø(B) at least once every 5 years after the last audit conducted under subparagraph (A). 

ø(3) SUBMISSION OF RESULTS.—The Comptroller shall submit 

the results of each audit conducted under paragraph (1) to— 

ø(A) the Senate Committee on Commerce, Science, and 

Transportation; 

ø(B) the House of Representatives Committee on Transportation and Infrastructure; and 

ø(C) the Secretary or Administrator of each agency referred to in paragraph (1)(B).¿ 

(h) PERIOD OF LIMITATIONS FOR CLAIMS.— (1) REMOVAL COSTS.—No claim may be presented under this 

title for recovery of removal costs for an incident unless the 

claim is presented within 6 years after the date of completion 

of all removal actions for that incident. 

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(2) DAMAGES.—No claim may be presented under this section 

for recovery of damages unless the claim is presented within 

3 years after the date on which the injury and its connection 

with the discharge in question were reasonably discoverable 

with the exercise of due care, or in the case of natural resource 

damages under section 1002(b)(2)(A), if later, the date of completion of the natural resources damage assessment under section 1006(e). 

(3) MINORS AND INCOMPETENTS.—The time limitations contained in this subsection shall not begin to run— 

(A) against a minor until the earlier of the date when 

such minor reaches 18 years of age or the date on which 

a legal representative is duly appointed for the minor, or 

(B) against an incompetent person until the earlier of 

the date on which such incompetent’s incompetency ends 

or the date on which a legal representative is duly appointed for the incompetent. 

(i) LIMITATION ON PAYMENT FOR SAME COSTS.—In any case in 

which the President has paid an amount from the Fund for any removal costs or damages specified under subsection (a), no other 

claim may be paid from the Fund for the same removal costs or 

damages. 

(j) OBLIGATION IN ACCORDANCE WITH PLAN.— 

(1) IN GENERAL.—Except as provided in paragraph (2), 

amounts may be obligated from the Fund for the restoration, 

rehabilitation, replacement, or acquisition of natural resources 

only in accordance with a plan adopted under section 1006(c). 

(2) EXCEPTION.—Paragraph (1) shall not apply in a situation 

requiring action to avoid irreversible loss of natural resources 

or to prevent or reduce any continuing danger to natural resources or similar need for emergency action. 

(k) PREFERENCE FOR PRIVATE PERSONS IN AREA AFFECTED BY

DISCHARGE.— 

(1) IN GENERAL.—In the expenditure of Federal funds for removal of oil, including for distribution of supplies, construction, 

and other reasonable and appropriate activities, under a contract or agreement with a private person, preference shall be 

given, to the extent feasible and practicable, to private persons 

residing or doing business primarily in the area affected by the 

discharge of oil. 

(2) LIMITATION.—This subsection shall not be considered to 

restrict the use of Department of Defense resources. 

(l) REPORTS.— 

(1) IN GENERAL.—øWithin one year after the date of enactment of the Coast Guard Authorization Act of 2010, and annually thereafter,¿ Each year, on the date on which the President 

submits to Congress a budget under section 1105 of title 31, 

United States Code, the President, through the Secretary of the 

Department in which the Coast Guard is operating, shall— 

(A) provide a report on disbursements for the preceding 

fiscal year from the Fund, regardless of whether those disbursements were subject to annual appropriations, to— 

(i) the Senate Committee on Commerce, Science, 

and Transportation; and 

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(ii) the House of Representatives Committee on 

Transportation and Infrastructure; and 

(B) make the report available to the public on the National Pollution Funds Center Internet website. 

ø(2) CONTENTS.—The report shall include— 

ø(A) a list of each disbursement of $250,000 or more 

from the Fund during the preceding fiscal year; and 

ø(B) a description of how each such use of the Fund 

meets the requirements of subsection (a).¿ 

(2) CONTENTS.—The report shall include— 

(A) a list of each incident that— 

(i) occurred in the preceding fiscal year; and 

(ii) resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more; 

(B) a list of each incident that— 

(i) occurred in the fiscal year preceding the preceding 

fiscal year; and 

(ii) resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more; 

and 

(C) an accounting of any amounts reimbursed to the 

Fund in the preceding fiscal year that were recovered from 

a responsible party for an incident that resulted in disbursements from the Fund, for removal costs and damages, 

totaling $500,000 or more. 

(3) AGENCY RECORDKEEPING.—Each Federal agency that receives amounts from the Fund shall maintain records describing the purposes for which such funds were obligated or expended in such detail as the Secretary may require for purposes of the report required under paragraph (1). 

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TITLE V—PRINCE WILLIAM SOUND 

PROVISIONS 

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SEC. 5009. VESSEL RESPONSE PLANS IN THE ARCTIC. 

The Secretary of the department in which the Coast Guard is operating may not approve a vessel response plan under section 

311(j)(5) of the Federal Water Pollution Control Act for a vessel operating in any area covered by the Captain of the Port Zone, as established by the Secretary, that includes the Arctic (as defined in 

section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 

4111)), unless the Secretary verifies that— 

(1) all equipment required to be available for response under 

the plan has been tested and proven capable of operating in the 

environment in which it is intended to be operated, as determined by the Secretary; and 

(2) the oil spill removal organization identified in the vessel 

response plan under section 311(j)(5) of the Federal Water Pollution Control Act— 

(A) has records of training for equipment operators; and 

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(B) conducts a full equipment deployment exercise in the 

area covered by the vessel response plan at least once every 

3 years, except that the Secretary may waive a required full 

equipment deployment exercise, upon request of the organization, if the organization implemented the vessel response 

plan (including the deployment of equipment and operators) during the preceding 3 years in response to a discharge or substantial threat of a discharge of oil. 

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