II 

Calendar No. 112 

115TH CONGRESS 

1ST SESSION S. 1129 

[Report No. 115–89] 

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

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2017 

Mr. SULLIVAN (for himself, Mr. THUNE, and Mr. NELSON) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

JUNE 5, 2017 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To authorize appropriations for the Coast Guard, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Coast Guard Authorization Act of 2017’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Effective dates. 

TITLE I—AUTHORIZATIONS 

Sec. 101. Authorization of appropriations. 

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

TITLE II—COAST GUARD 

Sec. 201. Primary duties. 

Sec. 202. Training; emergency response providers. 

Sec. 203. Commissioned service retirement. 

Sec. 204. Officer promotion zones. 

Sec. 205. Officer evaluation report. 

Sec. 206. Retired pay; amounts for payments in connection with modernized retirement system. 

Sec. 207. Inclusion of vessel for investigation purposes. 

Sec. 208. Leave for the birth of adoption of a child. 

Sec. 209. Aviation cadets; appointment as Reserve officers; cross reference. 

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

Sec. 211. Multiyear contracts. 

Sec. 212. Coast Guard ROTC Program. 

TITLE III—MARINE SAFETY 

Sec. 301. Coast Guard advisory committees. 

Sec. 302. Clarification of logbook and entry requirements. 

Sec. 303. Technical corrections; licenses, certifications of registry, and merchant mariner documents. 

Sec. 304. Numbering for undocumented barges. 

Sec. 305. Aids to navigation. 

Sec. 306. Equipment requirements; exemption from throwable personal flotation devices. 

Sec. 307. Ensuring maritime coverage. 

Sec. 308. Deadline for compliance with alternate safety compliance program. 

Sec. 309. Fishing, fish tender, and fish processing vessel certification. 

Sec. 310. Termination of unsafe operations; technical amendment. 

Sec. 311. Installation and use of engine cut-off switches on recreational vessel. 

Sec. 312. Visual distress signals and alternative use. 

Sec. 313. Renewal period for documented recreational vessels. 

Sec. 314. Exception from survival craft requirements. 

Sec. 315. Inland waterway and river tender acquisition plan. 

Sec. 316. Arctic planning criteria. 

TITLE IV—MARITIME SECURITY 

Sec. 401. Maritime border security cooperation. 

Sec. 402. Currency detection canine team program. 

Sec. 403. Confidential investigative expenses. 

Sec. 404. Arctic maritime domain awareness. 

Sec. 405. Strategic assets in the Arctic. 


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TITLE V—MISCELLANEOUS 

Sec. 501. Ship shoal lighthouse transfer; repeal. 

Sec. 502. Acquisition workforce expedited hiring authority. 

Sec. 503. Drawbridges. 

Sec. 504. Incentive contract; Coast Guard yard and industrial establishments. 

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

Sec. 506. Land exchange; Ayakulik Island, Alaska. 

Sec. 507. Abandoned seafarers fund amendments. 

Sec. 508. Assistance for small shipyards. 

Sec. 509. Small shipyard contracts. 

Sec. 510. Western challenger; certificate of documentation. 

TITLE VI—DEPARTMENT OF COMMERCE VESSELS 

Sec. 601. Waivers for certain contracts. 

1 SEC. 2. EFFECTIVE DATES. 

2 (a) IN GENERAL.—Except as otherwise specifically 

3 provided in this Act, this Act and the amendments made 

4 by this Act shall take effect on the date of enactment of 

5 this Act. 

6 (b) CERTAIN DELAYED EFFECTIVE DATES.—The 

7 amendments made by sections 101, 102, 403, and 508(a) 

8 shall take effect on October 1, 2017. The amendments 

9 made by section 206 shall take effect on January 1, 2018. 

10 TITLE I—AUTHORIZATIONS 

11 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

12 Section 2702 of title 14, United States Code, is 

13 amended to read as follows: 

14 ‘‘Funds are authorized to be appropriated for each 

15 of fiscal years 2018 and 2019 for necessary expenses of 

16 the Coast Guard as follows: 

17 ‘‘(1) For the operation and maintenance of the 

18 Coast Guard, not otherwise provided for— 


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

2 and 

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

4 ‘‘(2) For the acquisition, construction, renova5 tion, and improvement of aids to navigation, shore 

6 and offshore facilities, vessels, and aircraft, includ7 ing equipment related thereto, and for maintenance, 

8 rehabilitation, lease, and operation of facilities and 

9 equipment— 

10 ‘‘(A) $1,985,845,000 for fiscal year 2018, 

11 to remain available through September 30, 

12 2022; and 

13 ‘‘(B) $2,027,547,745 for fiscal year 2019, 

14 to remain available through September 30, 

15 2023. 

16 ‘‘(3) For the Coast Guard Reserve program, in17 cluding operations and maintenance of the program, 

18 personnel and training costs, equipment, and serv19 ices— 

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

21 and 

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

23 ‘‘(4) For the environmental compliance and res24 toration of Coast Guard under chapter 19 of this 

25 title— 


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1 ‘‘(A) $17,051,721 for fiscal year 2018, to 

2 remain available through September 30, 2022; 

3 and 

4 ‘‘(B) $17,409,807 for fiscal year 2019, to 

5 remain available through September 20, 2023. 

6 ‘‘(5) To the Commandant of the Coast Guard 

7 for research, development, test, and evaluation of 

8 technologies, materials, and human factors directly 

9 related to improving the performance of the Coast 

10 Guard’s mission with respect to search and rescue, 

11 aids to navigation, marine safety, marine environ12 mental protection, enforcement of laws and treaties, 

13 ice operations, oceanographic research, and defense 

14 readiness, and for maintenance, rehabilitation, lease, 

15 and operation of facilities and equipment— 

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

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

18 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

19 AND TRAINING. 

20 Section 2704 of title 14, United States Code, is 

21 amended to read as follows: 

22 ‘‘(a) ACTIVE DUTY STRENGTH.—The Coast Guard is 

23 authorized an end-of-year strength for active duty per24 sonnel of 43,000 for each of fiscal years 2018 and 2019. 


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1 ‘‘(b) MILITARY TRAINING STUDENT LOADS.—The 

2 Coast Guard is authorized average military training stu3 dent loads for each of fiscal years 2018 and 2019 as fol4 lows: 

5 ‘‘(1) For recruit and special training, 2,500 

6 student years. 

7 ‘‘(2) For flight training, 165 student years. 

8 ‘‘(3) For professional training in military and 

9 civilian institutions, 350 student years. 

10 ‘‘(4) For officer acquisition, 1,200 student 

11 years.’’. 

12 TITLE II—COAST GUARD 

13 SEC. 201. PRIMARY DUTIES. 

14 Section 2(7) of title 14, United States Code, is 

15 amended by striking ‘‘including the fulfillment of Mari16 time Defense Zone command responsibilities’’ and insert17 ing ‘‘and at all times assist in the defense of the United 

18 States’’. 

19 SEC. 202. TRAINING; EMERGENCY RESPONSE PROVIDERS. 

20 (a) IN GENERAL.—Chapter 7 of title 14, United 

21 States Code, is amended by inserting after section 141 the 

22 following: 


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1 ‘‘SEC. 141A. TRAINING; EMERGENCY RESPONSE PRO2 VIDERS. 

3 ‘‘(a) IN GENERAL.—The Commandant (or the Com4 mandant’s designee) may, on a reimbursable or a non-re5 imbursable basis, make training available to public safety 

6 personnel whenever the Commandant (or the Com7 mandant’s designee) determines that— 

8 ‘‘(1) a member of the Coast Guard, who was 

9 scheduled to participate in such training, is unable 

10 or unavailable to participate in such training; 

11 ‘‘(2) no other member of the Coast Guard, who 

12 is assigned to the unit to which the member of the 

13 Coast Guard described in paragraph (1), is able or 

14 available to participate in such training; and 

15 ‘‘(3) such training, if made available to public 

16 safety personnel, would further the goal of interoper17 ability among Federal agencies, non-Federal govern18 mental agencies, or both. 

19 ‘‘(b) DEFINITION OF EMERGENCY RESPONSE PRO20 VIDER.—In this section, the term ‘emergency response 

21 provider’ has the meaning given the term in section 101 

22 of title 6. 

23 ‘‘(c) TREATMENT OF REIMBURSEMENT.—Any reim24 bursement for training that the Coast Guard receives 

25 under this section shall be credited to the appropriation 

26 used to pay the costs for such training. 


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1 ‘‘(d) STATUS; LIMITATION ON LIABILITY.— 

2 ‘‘(1) STATUS.—Any individual to whom, as an 

3 emergency response provider, training is made avail4 able under this section shall not be considered a 

5 Federal employee for any purpose, including the 

6 purposes of— 

7 ‘‘(A) chapter 81 of title 5 (relating to com8 pensation for injury); or 

9 ‘‘(B) sections 2671 through 2680 of title 

10 28 (relating to tort claims). 

11 ‘‘(2) LIMITATION ON LIABILITY.—The indi12 vidual described in paragraph (1) or that individ13 ual’s employer shall be liable for any claim arising 

14 out of such training.’’. 

15 (b) TABLE OF CONTENTS.—The table of contents of 

16 chapter 7 of title 14, United States Code, is amended by 

17 inserting after the item relating to section 141 the fol18 lowing: 

‘‘141a. Training; emergency response providers.’’. 

19 SEC. 203. COMMISSIONED SERVICE RETIREMENT. 

20 Section 291 of title 14, United States Code, is 

21 amended— 

22 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

23 ‘‘Any regular’’ and indenting appropriately; 

24 (2) in subsection (a), as designated— 


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1 (A) by inserting ‘‘of the Coast Guard’’ 

2 after ‘‘officer’’; and 

3 (B) by striking ‘‘President’’ and inserting 

4 ‘‘Secretary’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(b) ACTIVE COMMISSIONED SERVICE.—The Sec7 retary may authorize the Commandant, through fiscal 

8 year 2019, to reduce the requirement under subsection (a) 

9 for at least ten years of active service as a commissioned 

10 officer to a period of not less than eight years.’’. 

11 SEC. 204. OFFICER PROMOTION ZONES. 

12 Section 256(a) of title 14, United States Code, is 

13 amended by striking ‘‘six-tenths’’ and inserting ‘‘one14 half’’. 

15 SEC. 205. OFFICER EVALUATION REPORT. 

16 (a) IN GENERAL.—Beginning with the first evalua17 tion cycle after the date of enactment of this Act, the Com18 mandant of the Coast Guard shall reduce lieutenant junior 

19 grade evaluation reports to the same length as an ensign 

20 or place lieutenant junior grade evaluations on an annual 

21 schedule. 

22 (b) BOARD SURVEY.—The Commandant of the Coast 

23 Guard shall survey outgoing promotion board members to 

24 determine, at a minimum— 


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1 (1) which sections of the officer evaluation re2 port were most useful; 

3 (2) which sections of the officer evaluation re4 port were least useful; 

5 (3) how to better reflect high performers, and 

6 (4) any recommendations for improving the of7 ficer evaluation report. 

8 (c) SURVEY OF OFFICERS.—The Commandant of the 

9 Coast Guard shall conduct a survey on the officer evalua10 tion report to— 

11 (1) cover at least 10 percent of the officers 

12 from each grade of officers from O1 to O6; and 

13 (2) determine how much time each member of 

14 the rating chain spends on that member’s portion of 

15 the officer evaluation report. 

16 (d) REPORT.— 

17 (1) IN GENERAL.—Not later than 545 days 

18 after the date of enactment of this Act, the Com19 mandant of the Coast Guard shall submit to the 

20 Committee on Commerce, Science, and Transpor21 tation of the Senate and the Committee on Trans22 portation and Infrastructure of the House of Rep23 resentatives a report— 

24 (A) on the findings of the survey under 

25 subsection (b); and 


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1 (B) on the findings of the survey under 

2 subsection (c). 

3 (2) FORMAT.—The report under paragraph (1) 

4 shall be formatted by each rank, type of board, and 

5 position, as applicable. 

6 SEC. 206. RETIRED PAY; AMOUNTS FOR PAYMENTS IN CON7 NECTION WITH MODERNIZED RETIREMENT 

8 SYSTEM. 

9 (a) IN GENERAL.—Chapter 11 of title 14, United 

10 States Code, is amended by inserting after section 424a 

11 the following: 

12 ‘‘§ 424b. Retired pay; amounts for payments in con13 nection with modernized retirement sys14 tem 

15 ‘‘Of the amounts appropriated for retirement pay 

16 under this chapter in any fiscal year, the Secretary may 

17 use such sums as are necessary for the following purposes 

18 (in addition to other amounts that may be available for 

19 such purposes) as such purposes relate to a member: 

20 ‘‘(1) Lump sum payment of certain retired pay 

21 under section 1415 of title 10. 

22 ‘‘(2) Thrift Savings Plan contributions under 

23 section 8440e(e) of title 5. 

24 ‘‘(3) Continuation pay under section 356 of title 

25 37.’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 chapter 11 of title 14, United States Code, is amended 

3 by inserting after the item relating to section 424 the fol4 lowing: 

‘‘424b. Retired pay; amounts for payments in connection with modernized retirement system.’’. 

5 SEC. 207. INCLUSION OF VESSEL FOR INVESTIGATION PUR6 POSES. 

7 (a) IN GENERAL.—Section 678 of title 14, United 

8 States Code, is amended by inserting ‘‘or vessel’’ after 

9 ‘‘aircraft’’ each place it appears. 

10 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

11 Chapter 17 of title 14, United States Code, is amended— 

12 (1) in the table of contents of chapter 17, by 

13 inserting ‘‘and vessel’’ after ‘‘Aircraft’’ in the item 

14 relating to section 678; and 

15 (2) in the heading for section 678, by inserting 

16 ‘‘and vessel’’ after ‘‘Aircraft’’. 

17 SEC. 208. LEAVE FOR THE BIRTH OF ADOPTION OF A 

18 CHILD. 

19 Section 431 of title 14, United States Code, is 

20 amended— 

21 (1) by striking ‘‘Not later than 1 year’’ and in22 serting the following: 

23 ‘‘(a) IN GENERAL.—Except as provided in subsection 

24 (b), not later than 1 year’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(b) LEAVE ASSOCIATED WITH THE BIRTH OR

3 ADOPTION OF A CHILD.—Notwithstanding any other pro4 vision of law, including section 701 of title 10, the Sec5 retary of the department in which the Coast Guard is op6 erating shall ensure that any rule, policy, or memorandum 

7 that provides leave associated with the birth or adoption 

8 of a child to officers and enlisted members of the Coast 

9 Guard permits, at the discretion of the Commanding Offi10 cer— 

11 ‘‘(1) an officer or member to take such leave in 

12 increments; and 

13 ‘‘(2) flexible work schedules for such officer or 

14 member until all such leave is expended.’’. 

15 SEC. 209. AVIATION CADETS; APPOINTMENT AS RESERVE 

16 OFFICERS; CROSS REFERENCE. 

17 Section 373(a) of title 14, United States Code, is 

18 amended by inserting ‘‘designated under section 371’’ 

19 after ‘‘cadet’’. 

20 SEC. 210. CLOTHING AT TIME OF DISCHARGE FOR GOOD OF 

21 SERVICE; REPEAL. 

22 Section 482 of title 14, United States Code, and the 

23 item relating to that section in the table of contents of 

24 chapter 13 of that title, are repealed. 


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1 SEC. 211. MULTIYEAR CONTRACTS. 

2 The Secretary is authorized to enter into a multiyear 

3 contract for the procurement of a tenth, eleventh, and 

4 twelfth National Security Cutter and associated govern5 ment-furnished equipment. 

6 SEC. 212. COAST GUARD ROTC PROGRAM. 

7 Not later than 1 year after the date of enactment 

8 of this Act, the Commandant of the Coast Guard shall 

9 submit to the Committee on Commerce, Science, and 

10 Transportation of the Senate and the Committee on 

11 Transportation and Infrastructure of the House of Rep12 resentatives a report on the costs and benefits of creating 

13 a Coast Guard Reserve Officers’ Training Corps Program 

14 based on the other armed forces programs. 

15 TITLE III—MARINE SAFETY 

16 SEC. 301. COAST GUARD ADVISORY COMMITTEES. 

17 (a) ESTABLISHMENT.—Subtitle I of title 46, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘CHAPTER 7—COAST GUARD ADVISORY 

21 COMMITTEES 

‘‘Sec. 

‘‘701. Administration. 

‘‘702. Chemical Transportation Advisory Committee. 

‘‘703. Commercial Fishing Safety Advisory Committee. 

‘‘704. Great Lakes Pilotage Advisory Committee. 

‘‘705. Lower Mississippi River Waterway Safety Advisory Committee. 

‘‘706. Merchant Marine Personnel Advisory Committee. 

‘‘707. Merchant Mariner Medical Advisory Committee. 

‘‘708. National Boating Safety Advisory Council. 


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‘‘709. National Maritime Security Advisory Committee. 

‘‘710. National Offshore Safety Advisory Committee. 

‘‘711. Navigation Safety Advisory Council. 

‘‘712. Towing Safety Advisory Committee. 

1 ‘‘§ 701. Administration 

2 ‘‘(a) EMPLOYEE STATUS.—A member of an advisory 

3 committee or advisory council established under this chap4 ter shall not be considered an employee of the Federal 

5 Government by reason of service on such committee or 

6 council, except for the purposes of the following provisions 

7 of law: 

8 ‘‘(1) Section 5703 of title 5 (relating to travel 

9 expenses). 

10 ‘‘(2) Chapter 81 of title 5 (relating to com11 pensation for work injuries). 

12 ‘‘(3) Chapter 171 of title 28 and any other 

13 Federal statute relating to tort liability. 

14 ‘‘(4) If the member is a special Government 

15 employee— 

16 ‘‘(A) chapter 73 of title 5; 

17 ‘‘(B) sections 201, 202, 203, 205, 207, 

18 208, and 209 of title 18; 

19 ‘‘(C) the Ethics in Government Act of 

20 1978 (5 U.S.C. App.); and 

21 ‘‘(D) any other provision of law relating to 

22 employee conduct, political activities, ethics, 


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1 conflict of interest, and corruption that applies 

2 to a special Government employee. 

3 ‘‘(b) COMPENSATION.—A member of an advisory 

4 committee or advisory council established under this chap5 ter who is not otherwise a Federal employee shall not re6 ceive pay by reason of service on such committee or coun7 cil. 

8 ‘‘(c) ACCEPTANCE OF VOLUNTEER SERVICES.—A 

9 member of an advisory committee or advisory council es10 tablished under this chapter may serve on a voluntary 

11 basis without pay without regard to section 1342 of title 

12 31 or any other law. 

13 ‘‘§ 702. Chemical Transportation Advisory Committee 

14 ‘‘(a) ESTABLISHMENT.—There is established a 

15 Chemical Transportation Advisory Committee (referred to 

16 in this section as the ‘Committee’). 

17 ‘‘(b) FUNCTION.—The Committee, acting through 

18 the Commandant (or the Commandant’s designee), is au19 thorized to advise, consult with, report to, and make rec20 ommendations to the Secretary on matters relating to the 

21 safe and secure marine transportation of hazardous mate22 rials. 

23 ‘‘(c) ORGANIZATION.— 


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1 ‘‘(1) MEETING.—The Committee shall, at least 

2 once each calendar year, meet at the call of the 

3 Commandant (or the Commandant’s designee). 

4 ‘‘(2) MEMBERSHIP.— 

5 ‘‘(A) IN GENERAL.—The Committee shall 

6 consist of not more than 25 members. 

7 ‘‘(B) POINTS OF VIEW.—Each member of 

8 the Committee shall represent the point of view 

9 of 1 of the following entities or groups associ10 ated with marine transportation of hazardous 

11 materials: 

12 ‘‘(i) Chemical manufacturing. 

13 ‘‘(ii) Marine handling or transpor14 tation of chemicals. 

15 ‘‘(iii) Vessel design and construction. 

16 ‘‘(iv) Marine safety or security. 

17 ‘‘(v) Marine environmental protection. 

18 ‘‘(C) NEEDS OF THE COAST GUARD.—The 

19 Commandant (or the Commandant’s designee) 

20 shall, based on the needs of the Coast Guard, 

21 determine the number of members who rep22 resent a specific point of view. 

23 ‘‘(D) RULE OF CONSTRUCTION.—Neither 

24 this subsection nor any other provision of law 

25 or policy shall be construed to require an equal 


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1 distribution of members representing specific 

2 points of view among the membership of the 

3 Committee. 

4 ‘‘(3) STATUS OF MEMBERS.—For the purposes 

5 of Federal law, including the Ethics in Government 

6 Act of 1978 and chapter 11 of title 18, each member 

7 of the Committee is hereby deemed a representative 

8 of the member’s respective special interest entity or 

9 group, and not a special Government employee (as 

10 defined in section 202(a) of title 18). 

11 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERV12 ICE.— 

13 ‘‘(A) NOMINATIONS.—As necessary, the 

14 Secretary shall publish, in the Federal Register, 

15 a notice soliciting nominations for membership 

16 on the Committee. 

17 ‘‘(B) APPOINTMENTS.— 

18 ‘‘(i) IN GENERAL.—After timely notice 

19 is published, the Secretary shall, as nec20 essary, appoint members to the Committee. 

21 ‘‘(ii) LIMITATIONS.—The Secretary 

22 may not seek, consider, or otherwise use 

23 information concerning the political affili24 ation of a nominee in making an appoint25 ment to the Committee. 


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1 ‘‘(iii) REAPPOINTMENTS.—The Sec2 retary may reappoint a member to the 

3 Committee more than once. 

4 ‘‘(C) SERVICE.—Each member of the Com5 mittee shall serve at the pleasure of the Sec6 retary. 

7 ‘‘(5) TERM; VACANCY.— 

8 ‘‘(A) TERM.— 

9 ‘‘(i) IN GENERAL.—The term of each 

10 member of the Committee shall expire on 

11 December 31 of the third full year after 

12 the effective date of the appointment. 

13 ‘‘(ii) EXTENSIONS.—Notwithstanding 

14 clause (i), paragraph (4), or any other pro15 vision of law or policy, the Commandant 

16 (or the Commandant’s designee) may ex17 tend the term of a member of the Com18 mittee to December 31 of the fifth full 

19 year after the effective date of the appoint20 ment. 

21 ‘‘(B) VACANCY.—In the case of an ap22 pointment to fill a vacancy on the Committee, 

23 the Secretary shall appoint an individual for a 

24 full term. 

25 ‘‘(6) CHAIRMAN; VICE CHAIRMAN.— 


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1 ‘‘(A) IN GENERAL.—The Commandant (or 

2 the Commandant’s designee) shall designate 1 

3 member of the Committee as the Chairman and 

4 another member of the Committee as the Vice 

5 Chairman, both of whom shall serve in such ca6 pacity at the pleasure of the Commandant (or 

7 the Commandant’s designee) and for a term to 

8 be fixed by the Commandant (or the Com9 mandant’s designee). 

10 ‘‘(B) RECOMMENDATIONS.—The Com11 mandant (or the Commandant’s designee) may 

12 solicit, from the Committee, recommendations 

13 with regard to the members whom the Com14 mandant (or the Commandant’s designee) shall 

15 designate as the Chairman and the Vice Chair16 man. 

17 ‘‘(C) VACANCY.—The Vice Chairman shall 

18 act as Chairman in the absence or incapacity 

19 of, or in the event of a vacancy in the office of, 

20 the Chairman. 

21 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

22 Commandant (or the Commandant’s designee) shall 

23 designate a Designated Federal Officer to the Com24 mittee in accordance with the Federal Advisory 

25 Committee Act (5 U.S.C. App.). 


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1 ‘‘(d) FEDERAL ADVISORY COMMITTEE ACT; TERMI2 NATION.— 

3 ‘‘(1) FACA.—The Federal Advisory Committee 

4 Act (5 U.S.C. App.) shall apply to the Committee. 

5 ‘‘(2) TERMINATION.—The Committee shall ter6 minate on September 30, 2027. 

7 ‘‘§ 703. Commercial Fishing Safety Advisory Com8 mittee 

9 ‘‘(a) ESTABLISHMENT.—There is established a Com10 mercial Fishing Safety Advisory Committee (referred to 

11 in this section as the ‘Committee’). 

12 ‘‘(b) FUNCTION.—The Committee, acting through 

13 the Commandant (or the Commandant’s designee), is au14 thorized— 

15 ‘‘(1) to advise, consult with, report to, and 

16 make recommendations to the Secretary on matters 

17 relating to the safe operation of vessels to which 

18 chapter 45 of this title applies, including navigation 

19 safety, safety equipment and procedures, marine in20 surance, vessel design, construction, maintenance 

21 and operation, and personnel qualifications and 

22 training; and 

23 ‘‘(2) to review proposed regulations promul24 gated pursuant to chapter 45 of this title. 

25 ‘‘(c) ORGANIZATION.— 


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1 ‘‘(1) MEETING.—The Committee shall, at least 

2 once each calendar year, meet at the call of the 

3 Commandant (or the Commandant’s designee). 

4 ‘‘(2) MEMBERSHIP.— 

5 ‘‘(A) IN GENERAL.—The Committee shall 

6 consist of 18 members. 

7 ‘‘(B) EXPERIENCE.—Each member of the 

8 Committee shall have particular expertise, 

9 knowledge, and experience regarding the com10 mercial fishing industry. 

11 ‘‘(C) POINTS OF VIEW.—Except as pro12 vided in subparagraph (D), a member of the 

13 Committee shall represent the point of view of 

14 an entity or group, as follows: 

15 ‘‘(i) 10 members representing the 

16 commercial fishing industry who— 

17 ‘‘(I) reflect a regional and rep18 resentational balance; and 

19 ‘‘(II) have experience in the oper20 ation of vessels to which chapter 45 of 

21 this title applies or as a crew member 

22 or processing line worker on a fish 

23 processing vessel. 

24 ‘‘(ii) 1 member representing naval ar25 chitects or marine engineers. 


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1 ‘‘(iii) 1 member representing manu2 facturers of equipment for vessels to which 

3 chapter 45 of this title applies. 

4 ‘‘(iv) 1 member representing edu5 cation or training professionals related to 

6 fishing vessel, fish processing vessel, or 

7 fish tender vessel safety or personnel quali8 fications. 

9 ‘‘(v) 1 member representing under10 writers that insure vessels to which chapter 

11 45 of this title applies. 

12 ‘‘(vi) 1 member representing owners 

13 of vessels to which chapter 45 of this title 

14 applies. 

15 ‘‘(D) EXCEPTION.— 

16 ‘‘(i) IN GENERAL.—Subject to clause 

17 (ii), 3 members of the Committee shall 

18 represent the general public. 

19 ‘‘(ii) EXPERIENCE.—Whenever pos20 sible, a member who represents the general 

21 public shall be either— 

22 ‘‘(I) an independent expert or 

23 consultant in maritime safety; 


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1 ‘‘(II) a marine surveyor who pro2 vides services to vessels to which 

3 chapter 45 of this title applies; or 

4 ‘‘(III) a person familiar with 

5 issues affecting fishing communities 

6 and families of fishermen. 

7 ‘‘(3) STATUS OF MEMBERS.—For the purposes 

8 of Federal law, including the Ethics in Government 

9 Act of 1978 and chapter 11 of title 18— 

10 ‘‘(A) a member of the Committee, whom 

11 the Secretary appoints to represent a point of 

12 view of an entity or group under paragraph 

13 (2)(C), is hereby deemed a representative of the 

14 member’s respective special interest entity or 

15 group, and not a special Government employee 

16 (as defined in section 202(a) of title 18); and 

17 ‘‘(B) a member of the Committee, whom 

18 the Secretary may appoint to represent the gen19 eral public, is hereby deemed a special Govern20 ment employee (as defined in section 202(a) of 

21 title 18). 

22 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERV23 ICE.— 

24 ‘‘(A) NOMINATIONS.—As necessary, the 

25 Secretary shall publish, in the Federal Register, 


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1 a notice soliciting nominations for membership 

2 on the Committee. 

3 ‘‘(B) APPOINTMENTS.— 

4 ‘‘(i) IN GENERAL.—After timely notice 

5 is published, the Secretary shall, as nec6 essary, appoint members to the Committee. 

7 ‘‘(ii) LIMITATIONS.—The Secretary 

8 may not seek, consider, or otherwise use 

9 information concerning the political affili10 ation of a nominee in making an appoint11 ment to the Committee. 

12 ‘‘(iii) REAPPOINTMENTS.—The Sec13 retary may reappoint a member to the 

14 Committee more than once. 

15 ‘‘(C) SERVICE.—Each member of the Com16 mittee shall serve at the pleasure of the Sec17 retary. 

18 ‘‘(5) TERM; VACANCY.— 

19 ‘‘(A) TERM.— 

20 ‘‘(i) IN GENERAL.—The term of each 

21 member of the Committee shall expire on 

22 December 31 of the third full year after 

23 the effective date of the appointment. 

24 ‘‘(ii) EXTENSIONS.—Notwithstanding 

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1 vision of law or policy, the Commandant 

2 (or the Commandant’s designee) may ex3 tend the term of a member of the Com4 mittee to December 31 of the fifth full 

5 year after the effective date of the appoint6 ment. 

7 ‘‘(B) VACANCY.—In the case of an ap8 pointment to fill a vacancy on the Committee, 

9 the Secretary shall appoint an individual for a 

10 full term. 

11 ‘‘(6) CHAIRMAN; VICE CHAIRMAN.— 

12 ‘‘(A) IN GENERAL.—The Commandant (or 

13 the Commandant’s designee) shall designate 1 

14 member of the Committee as the Chairman and 

15 another member of the Committee as the Vice 

16 Chairman, both of whom shall serve in such ca17 pacity at the pleasure of the Commandant (or 

18 the Commandant’s designee) and for a term to 

19 be fixed by the Commandant (or the Com20 mandant’s designee). 

21 ‘‘(B) RECOMMENDATIONS.—The Com22 mandant (or the Commandant’s designee) may 

23 solicit, from the Committee, recommendations 

24 with regard to the members whom the Com25 mandant (or the Commandant’s designee) shall 


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1 designate as the Chairman and the Vice Chair2 man. 

3 ‘‘(C) VACANCY.—The Vice Chairman shall 

4 act as Chairman in the absence or incapacity 

5 of, or in the event of a vacancy in the office of, 

6 the Chairman. 

7 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

8 Commandant (or the Commandant’s designee) shall 

9 designate a Designated Federal Officer to the Com10 mittee in accordance with the Federal Advisory 

11 Committee Act (5 U.S.C. App.). 

12 ‘‘(d) CONSULTATION.—The Commandant (or the 

13 Commandant’s designee) shall, whenever practicable— 

14 ‘‘(1) consult with the Committee before taking 

15 any significant action relating to the safe operation 

16 of vessels to which chapter 45 of this title applies; 

17 and 

18 ‘‘(2) consider the information, advice, and rec19 ommendations of the Committee in consulting with 

20 other agencies and the public or in formulating pol21 icy regarding the safe operation of vessels to which 

22 chapter 45 of this title applies. 

23 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT; TERMI24 NATION.— 


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1 ‘‘(1) FACA.—The Federal Advisory Committee 

2 Act (5 U.S.C. App.) shall apply to the Committee. 

3 ‘‘(2) TERMINATION.—The Committee shall ter4 minate on September 30, 2027. 

5 ‘‘§ 704. Great Lakes Pilotage Advisory Committee 

6 ‘‘(a) ESTABLISHMENT.—There is established a Great 

7 Lakes Pilotage Advisory Committee (referred to in this 

8 section as the ‘Committee’). 

9 ‘‘(b) FUNCTION; RECOMMENDATIONS.— 

10 ‘‘(1) FUNCTIONS.—Subject to paragraph (2), 

11 the Committee, acting through the Commandant (or 

12 the Commandant’s designee), is authorized— 

13 ‘‘(A) to advise, consult with, report to, and 

14 make recommendations to the Secretary on 

15 matters relating to Great Lakes pilotage; and 

16 ‘‘(B) to review proposed Great Lakes pilot17 age regulations and policies and make rec18 ommendations to the Secretary that the Com19 mittee considers appropriate. 

20 ‘‘(2) RECOMMENDATIONS.—At least 6 of the 7 

21 members shall agree by vote to make any rec22 ommendation under this subsection. 

23 ‘‘(c) ORGANIZATION.— 


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1 ‘‘(1) MEETINGS.—The Committee shall, at least 

2 once each calendar year, meet at the call of the 

3 Commandant (or the Commandant’s designee). 

4 ‘‘(2) MEMBERSHIP.— 

5 ‘‘(A) IN GENERAL.—The Committee shall 

6 consist of 7 members. 

7 ‘‘(B) EXPERIENCE.—Except as provided in 

8 subparagraph (D), each member of the Com9 mittee shall have at least 5 years practical expe10 rience in maritime operations. 

11 ‘‘(C) POINTS OF VIEW.—Except as pro12 vided in subparagraph (D), a member of the 

13 Committee shall represent the point of view of 

14 an entity or group, as follows: 

15 ‘‘(i) 3 members representing the inter16 ests of Great Lake pilots, among whom 

17 shall be the president of each Great Lake 

18 pilotage district (or the president’s des19 ignee). 

20 ‘‘(ii) 1 member representing the inter21 ests of vessel operators that contract for 

22 Great Lakes pilotage services. 

23 ‘‘(iii) 1 member representing the in24 terests of Great Lakes ports. 


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1 ‘‘(iv) 1 member representing the inter2 ests of shippers whose cargoes are trans3 ported through Great Lakes ports. 

4 ‘‘(D) REMAINING MEMBER.—1 member of 

5 the Committee— 

6 ‘‘(i) shall have a background in fi7 nance or accounting; 

8 ‘‘(ii) must have been recommended to 

9 the Secretary by a unanimous vote of the 

10 other members of the Committee; and 

11 ‘‘(iii) may be appointed without re12 gard to requirement under subparagraph 

13 (B) that each member have 5 years of 

14 practical experience in maritime oper15 ations. 

16 ‘‘(3) STATUS OF MEMBERS.—For the purposes 

17 of Federal law, including the Ethics in Government 

18 Act of 1978 and chapter 11 of title 18— 

19 ‘‘(A) a member of the Committee, whom 

20 the Secretary appoints to represent the point of 

21 view of an entity or group under paragraph 

22 (2)(C), is hereby deemed a representative of the 

23 member’s respective special interest entity or 

24 group, and not a special Government employee 

25 (as defined in section 202(a) of title 18); and 


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1 ‘‘(B) the member of the Committee with 

2 the background prescribed under paragraph 

3 (2)(D) is hereby deemed a special Government 

4 employee (as defined in section 202(a) of title 

5 18). 

6 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERV7 ICE.— 

8 ‘‘(A) NOMINATIONS.—As necessary, the 

9 Secretary shall publish, in the Federal Register, 

10 a notice soliciting nominations for membership 

11 on the Committee. 

12 ‘‘(B) APPOINTMENTS.— 

13 ‘‘(i) IN GENERAL.—After timely notice 

14 is published, the Secretary shall, as nec15 essary, appoint members to the Committee. 

16 ‘‘(ii) LIMITATIONS.—The Secretary 

17 may not seek, consider, or otherwise use 

18 information concerning the political affili19 ation of a nominee in making an appoint20 ment to the Committee. 

21 ‘‘(iii) REAPPOINTMENTS.—The Sec22 retary may reappoint a member to the 

23 Committee more than once. 


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1 ‘‘(C) SERVICE.—Each member of the Com2 mittee shall serve at the pleasure of the Sec3 retary. 

4 ‘‘(5) TERM; VACANCY.— 

5 ‘‘(A) TERM.— 

6 ‘‘(i) IN GENERAL.—The term of each 

7 member of the Committee shall expire on 

8 December 31 of the third full year after 

9 the effective date of the appointment. 

10 ‘‘(ii) EXTENSIONS.—Notwithstanding 

11 clause (i), paragraph (4), or any other pro12 vision of law or policy, the Commandant 

13 (or the Commandant’s designee) may ex14 tend the term of a member of the Com15 mittee to December 31 of the fifth full 

16 year after the effective date of the appoint17 ment. 

18 ‘‘(B) VACANCY.—In the case of an ap19 pointment to fill a vacancy on the Committee, 

20 the Secretary shall appoint an individual for a 

21 full term. 

22 ‘‘(6) CHAIRMAN; VICE CHAIRMAN.— 

23 ‘‘(A) DESIGNATION.—The Commandant 

24 (or the Commandant’s designee) shall designate 

25 1 member of the Committee as the Chairman 


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1 and another member of the Committee as the 

2 Vice Chairman, both of whom shall serve in 

3 such capacity at the pleasure of the Com4 mandant (or the Commandant’s designee) and 

5 for a term to be fixed by the Commandant (or 

6 the Commandant’s designee). 

7 ‘‘(B) RECOMMENDATIONS.—The Com8 mandant (or the Commandant’s designee) may 

9 solicit, from the Committee, recommendations 

10 with regard to the members whom the Com11 mandant (or the Commandant’s designee) shall 

12 designate as the Chairman and the Vice Chair13 man. 

14 ‘‘(C) VACANCY.—The Vice Chairman shall 

15 act as Chairman in the absence or incapacity 

16 of, or in the event of a vacancy in the office of, 

17 the Chairman. 

18 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

19 Commandant (or the Commandant’s designee) shall 

20 designate a Designated Federal Officer to the Com21 mittee in accordance with the Federal Advisory 

22 Committee Act (5 U.S.C. App.). 

23 ‘‘(8) OBSERVERS.— 

24 ‘‘(A) IN GENERAL.—The Secretary, at the 

25 request of the Commandant, may designate 2 


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1 individuals to participate as observers in the 

2 work of the Committee and offer necessary in3 formation for which each observer is uniquely 

4 qualified to provide. 

5 ‘‘(B) REQUIREMENTS.—Each observer— 

6 ‘‘(i) shall not be deemed a member of 

7 the Committee; 

8 ‘‘(ii) shall not vote on any matter be9 fore the Committee; 

10 ‘‘(iii) shall not contribute to a 

11 quorum; 

12 ‘‘(iv) shall serve without compensa13 tion; and 

14 ‘‘(v) shall be responsible for all travel 

15 expenses. 

16 ‘‘(C) DESIGNATION; EXPERIENCE.— 

17 ‘‘(i) EXPERIENCE.—The Secretary 

18 may designate an individual as an observer 

19 without regard to the requirement of para20 graph (2)(B), except that— 

21 ‘‘(I) 1 observer shall have par22 ticular knowledge of the national in23 terests of American pilots; and 


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1 ‘‘(II) 1 observer shall have par2 ticular knowledge of the interests of 

3 Canadian shippers. 

4 ‘‘(ii) NOTICE.—The Secretary may 

5 designate an individual as an observer 

6 without regard to the requirement of para7 graph (4)(A), except that the Secretary 

8 may solicit, from the Commandant, rec9 ommendations with regard to the indi10 vidual whom the Secretary shall designate 

11 as an observer. 

12 ‘‘(iii) CANADIAN SHIPPERS.—With re13 gard to the individual with particular 

14 knowledge of the interests of Canadian 

15 shippers, the Secretary may, with the con16 currence of the Secretary of State, des17 ignate an individual who is a citizen of 

18 Canada. 

19 ‘‘(D) VACANCY.—An observer shall serve a 

20 term of not more than 3 years from the effec21 tive date of the designation, except that, in the 

22 case of a designation to fill a vacancy on the 

23 Committee, the observer shall be designated for 

24 a full term. 


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1 ‘‘(d) CONSULTATION.—The Commandant (or the 

2 Commandant’s designee) shall, whenever practicable— 

3 ‘‘(1) consult with the Committee before taking 

4 any significant action relating to Great Lakes pilot5 age; and 

6 ‘‘(2) consider the information, advice, and rec7 ommendations of the Committee in formulating pol8 icy regarding matters affecting Great Lakes pilot9 age. 

10 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT; TERMI11 NATION.— 

12 ‘‘(1) FACA.—The Federal Advisory Committee 

13 Act (5 U.S.C. App.) shall apply to the Committee. 

14 ‘‘(2) TERMINATION.—The Committee shall ter15 minate on September 30, 2027. 

16 ‘‘§ 705. Lower Mississippi River Waterway Safety Ad17 visory Committee 

18 ‘‘(a) ESTABLISHMENT.—There is established a 

19 Lower Mississippi River Waterway Safety Advisory Com20 mittee (referred to in this section as the ‘Committee’). 

21 ‘‘(b) FUNCTION.—The Committee, acting through 

22 the Commandant (or the Commandant’s designee), is au23 thorized to advise, consult with, report to, and make rec24 ommendations to the Secretary on matters relating to 

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1 ages, development and operation of New Orleans Vessel 

2 Traffic Services, and other related topics dealing with and 

3 actions relating to navigational safety on the Lower Mis4 sissippi River. 

5 ‘‘(c) ORGANIZATION.— 

6 ‘‘(1) MEETING.—The Committee shall, at least 

7 once each calendar year, meet at the call of the 

8 Commandant (or the Commandant’s designee). 

9 ‘‘(2) MEMBERSHIP.— 

10 ‘‘(A) IN GENERAL.—The Committee shall 

11 consist of 24 members. 

12 ‘‘(B) EXPERIENCE.—Each member of the 

13 Committee shall have expertise, knowledge, and 

14 experience regarding the transportation, equip15 ment, and techniques that are used to ship 

16 cargo and to navigate vessels on the Lower Mis17 sissippi River and its connecting navigable wa18 terways, including the Gulf of Mexico. 

19 ‘‘(C) POINTS OF VIEW.—Except as pro20 vided in subparagraph (D), each member of the 

21 Committee shall represent the point of view of 

22 an entity or group, as follows: 

23 ‘‘(i) 5 members representing River 

24 Port Authorities between Baton Rouge, 


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1 Louisiana, and the head of passes of the 

2 Lower Mississippi River, of which— 

3 ‘‘(I) 1 member shall be from the 

4 Port of St. Bernard; and 

5 ‘‘(II) 1 member from the Port of 

6 Plaquemines. 

7 ‘‘(ii) 2 members representing vessel 

8 owners or ship owners domiciled in the 

9 State of Louisiana. 

10 ‘‘(iii) 2 members representing organi11 zations which operate harbor tugs or barge 

12 fleets in the geographical area covered by 

13 the Committee. 

14 ‘‘(iv) 2 members representing compa15 nies which transport cargo or passengers 

16 on the navigable waterways in the geo17 graphical area covered by the Committee. 

18 ‘‘(v) 3 members representing State 

19 Commissioned Pilot organizations, with 1 

20 member each representing— 

21 ‘‘(I) the New Orleans-Baton 

22 Rouge Steamship Pilots Association; 

23 ‘‘(II) the Crescent River Port Pi24 lots Association; and 


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1 ‘‘(III) the Association Branch Pi2 lots. 

3 ‘‘(vi) 3 members representing con4 sumers, shippers, or importers and export5 ers that utilize vessels which utilize the 

6 navigable waterways covered by the Com7 mittee. 

8 ‘‘(vii) 2 members representing those 

9 licensed merchant mariners, other than pi10 lots, who perform shipboard duties on 

11 those vessels which utilize navigable water12 ways covered by the Committee. 

13 ‘‘(viii) 1 member representing an or14 ganization that serves in a consulting or 

15 advisory capacity to the maritime industry. 

16 ‘‘(ix) 1 member representing an envi17 ronmental organization. 

18 ‘‘(D) ADDITIONAL MEMBERS.— 

19 ‘‘(i) IN GENERAL.—3 members of the 

20 Committee shall represent the general pub21 lic. 

22 ‘‘(ii) WATER TRANSPORTATION FA23 CILITIES.—Whenever possible, 2 of the 3 

24 members who represent the general public 

25 shall be individuals who utilize water 


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1 transportation facilities located in the geo2 graphic area that the Committee covers. 

3 ‘‘(3) STATUS OF MEMBERS.—For the purposes 

4 of Federal law, including the Ethics in Government 

5 Act of 1978 and chapter 11 of title 18— 

6 ‘‘(A) each member of the Committee, 

7 whom the Secretary appoints to represent the 

8 point of view of an entity or group set out in 

9 paragraph (2)(C), is hereby deemed a rep10 resentative of the member’s respective special 

11 interest entity or group, and not a special Gov12 ernment employee (as defined in section 202(a) 

13 of title 18); and 

14 ‘‘(B) each member of the Committee, 

15 whom the Secretary appoints to represent the 

16 general public, is hereby deemed a special Gov17 ernment employee (as defined in section 202(a) 

18 of title 18). 

19 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERV20 ICE.— 

21 ‘‘(A) NOMINATIONS.—As necessary, the 

22 Secretary shall publish, in the Federal Register, 

23 a notice soliciting nominations for membership 

24 on the Committee. 

25 ‘‘(B) APPOINTMENTS.— 


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1 ‘‘(i) IN GENERAL.—After timely notice 

2 is published, the Secretary shall, as nec3 essary, appoint members to the Committee. 

4 ‘‘(ii) LIMITATIONS.—The Secretary 

5 may not seek, consider, or otherwise use 

6 information concerning the political affili7 ation of a nominee in making an appoint8 ment to the Committee. 

9 ‘‘(iii) REAPPOINTMENTS.—The Sec10 retary may reappoint a member to the 

11 Committee more than once. 

12 ‘‘(C) SERVICE.—Each member of the Com13 mittee shall serve at the pleasure of the Sec14 retary. 

15 ‘‘(5) TERM; VACANCY.— 

16 ‘‘(A) TERM.— 

17 ‘‘(i) IN GENERAL.—The term of each 

18 member of the Committee shall expire on 

19 December 31 of the third full year after 

20 the effective date of the appointment. 

21 ‘‘(ii) EXTENSION.—Notwithstanding 

22 clause (i), paragraph (4), or any other pro23 vision of law or policy, the Commandant 

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1 mittee to December 31 of the fifth full 

2 year after the effective date of the appoint3 ment. 

4 ‘‘(B) VACANCY.—In the case of an ap5 pointment to fill a vacancy on the Committee, 

6 the Secretary shall appoint an individual for a 

7 full term. 

8 ‘‘(6) CHAIRMAN; VICE CHAIRMAN.— 

9 ‘‘(A) IN GENERAL.—The Commandant (or 

10 the Commandant’s designee) shall designate 1 

11 member of the Committee as the Chairman and 

12 another member of the Committee as the Vice 

13 Chairman, both of whom shall serve in such ca14 pacity at the pleasure of the Commandant (or 

15 the Commandant’s designee) and for a term to 

16 be fixed by the Commandant (or the Com17 mandant’s designee). 

18 ‘‘(B) RECOMMENDATIONS.—The Com19 mandant (or the Commandant’s designee) may 

20 solicit, from the Committee, recommendations 

21 with regard to the members whom the Com22 mandant (or the Commandant’s designee) shall 

23 designate as the Chairman and the Vice Chair24 man. 


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1 ‘‘(C) VACANCY.—The Vice Chairman shall 

2 act as Chairman in the absence or incapacity 

3 of, or in the event of a vacancy in the office of, 

4 the Chairman. 

5 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

6 Commandant (or the Commandant’s designee) shall 

7 designate a Designated Federal Officer to the Com8 mittee in accordance with the Federal Advisory 

9 Committee Act (5 U.S.C. App.). 

10 ‘‘(d) CONSULTATION.—The Commandant (or the 

11 Commandant’s designee) shall, whenever practicable, con12 sult with the Committee before taking any significant ac13 tion relating to navigation safety in the Lower Mississippi 

14 River. 

15 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT; TERMI16 NATION.— 

17 ‘‘(1) FACA.—The Federal Advisory Committee 

18 Act (5 U.S.C. App.) shall apply to the Committee. 

19 ‘‘(2) TERMINATION.—The Committee shall ter20 minate on September 30, 2027. 

21 ‘‘§ 706. Merchant Marine Personnel Advisory Com22 mittee 

23 ‘‘(a) ESTABLISHMENT.—There is established a Mer24 chant Marine Personnel Advisory Committee (referred to 

25 in this section as the ‘Committee’). 


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1 ‘‘(b) FUNCTION.—The Committee, acting through 

2 the Commandant (or the Commandant’s designee), is au3 thorized to advise, consult with, report to, and make rec4 ommendations to the Secretary on matters relating to per5 sonnel in the United States merchant marine, including 

6 training, qualifications, certification, documentation, and 

7 fitness standards. 

8 ‘‘(c) MEETING.—The Committee shall, at least once 

9 each calendar year, meet at the call of the Commandant 

10 (or the Commandant’s designee). 

11 ‘‘(d) MEMBERSHIP.— 

12 ‘‘(1) IN GENERAL.—The Committee shall con13 sist of 19 members. 

14 ‘‘(2) POINTS OF VIEW.—Except as provided in 

15 subparagraph (C), each member of the Committee 

16 shall represent the point of view of an entity or 

17 group, as follows: 

18 ‘‘(A) 9 members representing the interests 

19 of mariners— 

20 ‘‘(i) each of whom— 

21 ‘‘(I) shall be a citizen of the 

22 United States; and 

23 ‘‘(II) shall hold an active license 

24 or certificate issued under chapter 71 

25 of this title or a merchant mariner 


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1 document issued under chapter 73 of 

2 this title; and 

3 ‘‘(ii) among whom shall be— 

4 ‘‘(I) 3 deck officers representing 

5 the interests of merchant marine deck 

6 officers, of whom— 

7 ‘‘(aa) 2 shall be licensed for 

8 oceans any gross tons; 

9 ‘‘(bb) 1 shall be licensed for 

10 inland river route with a limited 

11 or unlimited tonnage; 

12 ‘‘(cc) 2 shall have a master’s 

13 license or a master of towing ves14 sels license; 

15 ‘‘(dd) 1 shall have signifi16 cant tanker experience; and 

17 ‘‘(ee) to the extent prac18 ticable— 

19 ‘‘(AA) 1 shall represent 

20 the interests of labor; and 

21 ‘‘(BB) 1 shall represent 

22 the interests of manage23 ment; 

24 ‘‘(II) 3 engineering officers rep25 resenting the interests of merchant 


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1 marine engineering officers, of 

2 whom— 

3 ‘‘(aa) 2 shall be licensed as 

4 chief engineer any horsepower; 

5 ‘‘(bb) 1 shall be licensed as 

6 either a limited chief engineer or 

7 a designated duty engineer; and 

8 ‘‘(cc) to the extent prac9 ticable— 

10 ‘‘(AA) 1 shall represent 

11 the interests of labor; and 

12 ‘‘(BB) 1 shall represent 

13 the interests of manage14 ment; 

15 ‘‘(III) 2 unlicensed seamen, of 

16 whom— 

17 ‘‘(aa) 1 shall represent the 

18 interests of able-bodied seamen; 

19 and 

20 ‘‘(bb) 1 shall represent the 

21 interests of qualified members of 

22 the engine department; and 

23 ‘‘(IV) 1 pilot representing the in24 terests of merchant marine pilots. 


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1 ‘‘(B) 6 members representing the interests 

2 of marine educators— 

3 ‘‘(i) each of whom shall be a marine 

4 educator; and 

5 ‘‘(ii) among whom shall be— 

6 ‘‘(I) 3 marine educators who 

7 shall represent the interests of mari8 time academies, including— 

9 ‘‘(aa) 2 who shall represent 

10 the interests of State maritime 

11 academies; and 

12 ‘‘(bb) 1 who shall represent 

13 either the viewpoint of the State 

14 maritime academies or the 

15 United States Merchant Marine 

16 Academy; and 

17 ‘‘(II) 3 marine educators who 

18 shall represent the interests of other 

19 maritime training institutions, 1 of 

20 whom shall represent the interests of 

21 the small vessel industry. 

22 ‘‘(C) 2 members representing the interests 

23 of shipping companies employed in ship oper24 ation management. 


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1 ‘‘(D) 2 members of the Committee shall 

2 represent the general public. 

3 ‘‘(3) STATUS OF MEMBERS.— 

4 ‘‘(A) IN GENERAL.—For the purposes of 

5 Federal law, including the Ethics in Govern6 ment Act of 1978 and chapter 11 of title 18— 

7 ‘‘(i) a member of the Committee, 

8 whom the Secretary appoints to represent 

9 the point of view of an entity or group set 

10 out in paragraph (2)(B), is hereby deemed 

11 a representative of the member’s respective 

12 special interest entity or group, and not a 

13 special Government employee (as defined 

14 in section 202(a) of title 18); and 

15 ‘‘(ii) a member of the Committee, 

16 whom the Secretary appoints to represent 

17 the general public, is hereby deemed a spe18 cial Government employee (as defined in 

19 section 202(a) of title 18). 

20 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

21 in this section shall be construed to prohibit the 

22 nomination or appointment of a Federal em23 ployee to serve as a member of the Committee 

24 representing the interests of the United States 

25 Merchant Marine Academy. 


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1 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERV2 ICE.— 

3 ‘‘(A) NOMINATIONS.—As necessary, the 

4 Secretary shall publish, in the Federal Register, 

5 a notice soliciting nominations for membership 

6 on the Committee. 

7 ‘‘(B) APPOINTMENTS.— 

8 ‘‘(i) IN GENERAL.—After timely notice 

9 is published, the Secretary shall, as nec10 essary, appoint members to the Committee. 

11 ‘‘(ii) LIMITATIONS.—The Secretary 

12 may not seek, consider, or otherwise use 

13 information concerning the political affili14 ation of a nominee in making an appoint15 ment to the Committee. 

16 ‘‘(iii) REAPPOINTMENT.—The Sec17 retary may reappoint a member to the 

18 Committee more than once. 

19 ‘‘(C) SOLICITING NOMINATIONS.—Notwith20 standing subparagraphs (A) and (B), the Sec21 retary may— 

22 ‘‘(i) with regard to the appointment of 

23 a member or members to represent the in24 terests of the State maritime academies, 

25 solicit nominations for membership on the 


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1 Committee from each State maritime acad2 emy or a joint nomination from some or all 

3 State maritime academies; and 

4 ‘‘(ii) with regard to the appointment 

5 of a member to represent the interests of 

6 the United States Merchant Marine Acad7 emy, solicit a nomination for membership 

8 on the Committee from the Secretary of 

9 Transportation. 

10 ‘‘(D) SERVICE.—Each member of the 

11 Committee shall serve at the pleasure of the 

12 Secretary. 

13 ‘‘(5) TERM; VACANCY.— 

14 ‘‘(A) TERM.— 

15 ‘‘(i) IN GENERAL.—The term of each 

16 member of the Committee shall expire on 

17 December 31 of the third full year after 

18 the effective date of the appointment. 

19 ‘‘(ii) EXTENSIONS.—Notwithstanding 

20 clause (i), paragraph (4), or any other pro21 vision of law or policy, the Commandant 

22 (or the Commandant’s designee) may ex23 tend the term of a member of the Com24 mittee to December 31 of the fifth full 


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1 year after the effective date of the appoint2 ment. 

3 ‘‘(iii) VACANCY.—In the case of an 

4 appointment to fill a vacancy on the Com5 mittee, the Secretary shall appoint an indi6 vidual for a full term. 

7 ‘‘(6) CHAIRMAN; VICE CHAIRMAN.— 

8 ‘‘(A) IN GENERAL.—The Commandant (or 

9 the Commandant’s designee) shall designate 1 

10 member of the Committee as the Chairman and 

11 another member of the Committee as the Vice 

12 Chairman, both of whom shall serve in such ca13 pacity at the pleasure of the Commandant (or 

14 the Commandant’s designee) and for a term to 

15 be fixed by the Commandant (or the Com16 mandant’s designee). 

17 ‘‘(B) RECOMMENDATIONS.—The Com18 mandant (or the Commandant’s designee) may 

19 solicit, from the Committee, recommendations 

20 with regard to the members whom the Com21 mandant (or the Commandant’s designee) shall 

22 designate as the Chairman and the Vice Chair23 man. 

24 ‘‘(C) VACANCY.—The Vice Chairman shall 

25 act as Chairman in the absence or incapacity 


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1 of, or in the event of a vacancy in the office of, 

2 the Chairman. 

3 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

4 Commandant (or the Commandant’s designee) shall 

5 designate a Designated Federal Officer to the Com6 mittee in accordance with the Federal Advisory 

7 Committee Act (5 U.S.C. App.). 

8 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT; TERMI9 NATION.— 

10 ‘‘(1) FACA.—The Federal Advisory Committee 

11 Act (5 U.S.C. App.) shall apply to the Committee. 

12 ‘‘(2) TERMINATION.—The Committee shall ter13 minate on September 30, 2027. 

14 ‘‘§ 707. Merchant Mariner Medical Advisory Com15 mittee 

16 ‘‘(a) ESTABLISHMENT.—There is established a Mer17 chant Mariner Medical Advisory Committee (referred to 

18 in this section as the ‘Committee’). 

19 ‘‘(b) FUNCTION.—The Committee, acting through 

20 the Commandant (or the Commandant’s designee), is au21 thorized to advise, consult with, report to, and make rec22 ommendations to the Secretary on matters relating to— 

23 ‘‘(1) medical certification determinations of 

24 merchant mariners; 


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1 ‘‘(2) medical standards and guidelines for the 

2 physical qualifications of operators of commercial 

3 vessels; 

4 ‘‘(3) medical examiner education; and 

5 ‘‘(4) medical research. 

6 ‘‘(c) ORGANIZATION.— 

7 ‘‘(1) MEETING.—The Committee shall, at least 

8 once each calendar year, meet at the call of the 

9 Commandant (or the Commandant’s designee). 

10 ‘‘(2) MEMBERSHIP.— 

11 ‘‘(A) IN GENERAL.—The Committee shall 

12 consist of 14 members. 

13 ‘‘(B) RESTRICTION.—No member of the 

14 Committee shall be a regular Federal employee. 

15 ‘‘(C) EXPERIENCE.—Of the members of 

16 the Committee— 

17 ‘‘(i) 10 members shall be health-care 

18 professionals with particular expertise, 

19 knowledge, or experience regarding the 

20 medical examinations of merchant mari21 ners or occupational medicine; and 

22 ‘‘(ii) 4 members shall be professional 

23 mariners with knowledge and experience in 

24 mariners’ occupational requirements. 


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1 ‘‘(3) STATUS OF MEMBERS.—For the purposes 

2 of Federal law, including the Ethics in Government 

3 Act of 1978 and chapter 11 of title 18, each member 

4 of the Committee is hereby deemed a special Govern5 ment employee (as defined in section 202(a) of title 

6 18). 

7 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERV8 ICE.— 

9 ‘‘(A) NOMINATIONS.—As necessary, the 

10 Secretary shall publish, in the Federal Register, 

11 a notice soliciting nominations for membership 

12 on the Committee. 

13 ‘‘(B) APPOINTMENTS.— 

14 ‘‘(i) IN GENERAL.—After timely notice 

15 is published, the Secretary shall, as nec16 essary, appoint members to the Committee. 

17 ‘‘(ii) LIMITATIONS.—The Secretary 

18 may not seek, consider, or otherwise use 

19 information concerning the political affili20 ation of a nominee in making an appoint21 ment to the Committee. 

22 ‘‘(iii) REAPPOINTMENTS.—The Sec23 retary may reappoint a member to the 

24 Committee more than once. 


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1 ‘‘(C) SERVICE.—Each member of the Com2 mittee shall serve at the pleasure of the Sec3 retary. 

4 ‘‘(5) TERM; VACANCY.— 

5 ‘‘(A) TERM.— 

6 ‘‘(i) IN GENERAL.—The term of each 

7 member of the Committee shall expire on 

8 December 31 of the third full year after 

9 the effective date of the appointment. 

10 ‘‘(ii) EXTENSIONS.—Notwithstanding 

11 clause (i), paragraph (4), or any other pro12 vision of law or policy, the Commandant 

13 (or the Commandant’s designee) may ex14 tend the term of a member of the Com15 mittee to December 31 of the fifth full 

16 year after the effective date of the appoint17 ment. 

18 ‘‘(iii) VACANCY.—In the case of an 

19 appointment to fill a vacancy on the Com20 mittee, the Secretary shall appoint an indi21 vidual for a full term. 

22 ‘‘(6) CHAIRMAN; VICE CHAIRMAN.— 

23 ‘‘(A) IN GENERAL.—The Commandant (or 

24 the Commandant’s designee) shall designate 1 

25 member of the Committee as the Chairman and 


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1 another member of the Committee as the Vice 

2 Chairman, both of whom shall serve in such ca3 pacity at the pleasure of the Commandant (or 

4 the Commandant’s designee) and for a term to 

5 be fixed by the Commandant (or the Com6 mandant’s designee). 

7 ‘‘(B) RECOMMENDATIONS.—The Com8 mandant (or the Commandant’s designee) may 

9 solicit, from the Committee, recommendations 

10 with regard to the members whom the Com11 mandant (or the Commandant’s designee) shall 

12 designate as the Chairman and the Vice Chair13 man. 

14 ‘‘(C) VACANCY.—The Vice Chairman shall 

15 act as Chairman in the absence or incapacity 

16 of, or in the event of a vacancy in the office of, 

17 the Chairman. 

18 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

19 Commandant (or the Commandant’s designee) shall 

20 designate a Designated Federal Officer to the Com21 mittee in accordance with the Federal Advisory 

22 Committee Act (5 U.S.C. App.). 

23 ‘‘(d) FEDERAL ADVISORY COMMITTEE ACT; TERMI24 NATION.— 


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1 ‘‘(1) FACA.—The Federal Advisory Committee 

2 Act (5 U.S.C. App.) shall apply to the Committee. 

3 ‘‘(2) TERMINATION.—The Committee shall ter4 minate on September 30, 2027. 

5 ‘‘§ 708. National Boating Safety Advisory Council 

6 ‘‘(a) ESTABLISHMENT.—There is established a Na7 tional Boating Safety Advisory Council (referred to in this 

8 section as the ‘Council’). 

9 ‘‘(b) ORGANIZATION.— 

10 ‘‘(1) MEETING.—The Council shall, at least 

11 once each calendar year, meet at the call of the 

12 Commandant (or the Commandant’s designee). 

13 ‘‘(2) MEMBERSHIP.— 

14 ‘‘(A) IN GENERAL.—The Council shall con15 sist of 21 members. 

16 ‘‘(B) EXPERIENCE.—Each member of the 

17 Council shall have particular expertise, knowl18 edge, and experience in recreational boating 

19 safety. 

20 ‘‘(C) POINTS OF VIEW.—Except as pro21 vided in subparagraph (D), each member of the 

22 Council shall represent the point of view of an 

23 entity or group, as follows: 


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1 ‘‘(i) 7 members representing State of2 ficials responsible for State boating safety 

3 programs. 

4 ‘‘(ii) 7 members representing manu5 facturers, wholesale distributors, or retail 

6 distributors of recreational vessels or asso7 ciated equipment. 

8 ‘‘(iii) At least 5 members representing 

9 national recreational boating organizations. 

10 ‘‘(D) ADDITIONAL MEMBERS.—Not more 

11 than 2 members of the Council may represent 

12 the general public. 

13 ‘‘(E) PANELS.—Additional individuals 

14 from an entity or group set out in subpara15 graph (C) may be appointed to panels of the 

16 Council to assist the Council in performing its 

17 duties. 

18 ‘‘(3) STATUS OF MEMBERS.—For the purposes 

19 of Federal law, including the Ethics in Government 

20 Act of 1978 and chapter 11 of title 18— 

21 ‘‘(A) a member of the Council, whom the 

22 Secretary appoints to represent the point of 

23 view of an entity or group set out in paragraph 

24 (2)(C), is hereby deemed a representative of the 

25 member’s respective special interest entity or 


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1 group, and not a special Government employee 

2 (as defined in section 202(a) of title 18); and 

3 ‘‘(B) in the event that the Secretary ap4 points a member to represent the general pub5 lic, such member of the Council is hereby 

6 deemed a special Government employee (as de7 fined in section 202(a) of title 18). 

8 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERV9 ICE.— 

10 ‘‘(A) NOMINATIONS.—As necessary, the 

11 Secretary shall publish, in the Federal Register, 

12 a notice soliciting nominations for membership 

13 on the Council. 

14 ‘‘(B) APPOINTMENTS.— 

15 ‘‘(i) IN GENERAL.—After timely notice 

16 is published, the Secretary shall, as nec17 essary, appoint members to the Council. 

18 ‘‘(ii) LIMITATIONS.—The Secretary 

19 may not seek, consider, or otherwise use 

20 information concerning the political affili21 ation of a nominee in making an appoint22 ment to the Council. 

23 ‘‘(iii) VACANCY.—The Secretary may 

24 reappoint a member to the Council more 

25 than once. 


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1 ‘‘(C) SERVICE.—Each member of the 

2 Council shall serve at the pleasure of the Sec3 retary. 

4 ‘‘(5) TERM; VACANCY.— 

5 ‘‘(A) TERM.— 

6 ‘‘(i) IN GENERAL.—The term of each 

7 member of the Council shall expire on De8 cember 31 of the third full year after the 

9 effective date of the appointment. 

10 ‘‘(ii) EXTENSIONS.—Notwithstanding 

11 clause (1), paragraph (4), or any other 

12 provision of law or policy, the Com13 mandant (or the Commandant’s designee) 

14 may extend the term of a member of the 

15 Council to December 31 of the fifth full 

16 year after the effective date of the appoint17 ment. 

18 ‘‘(iii) VACANCY.—In the case of an 

19 appointment to fill a vacancy on the Coun20 cil, the Secretary shall appoint an indi21 vidual for a full term. 

22 ‘‘(6) CHAIRMAN; VICE CHAIRMAN.— 

23 ‘‘(A) IN GENERAL.—The Commandant (or 

24 the Commandant’s designee) shall designate 1 

25 member of the Council as the Chairman and 


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1 another member of the Council as the Vice 

2 Chairman, both of whom shall serve in such ca3 pacity at the pleasure of the Commandant (or 

4 the Commandant’s designee) and for a term to 

5 be fixed by the Commandant (or the Com6 mandant’s designee). 

7 ‘‘(B) RECOMMENDATIONS.—The Com8 mandant (or the Commandant’s designee) may 

9 solicit, from the Council, recommendations with 

10 regard to the members whom the Commandant 

11 (or the Commandant’s designee) shall designate 

12 as the Chairman and the Vice Chairman. 

13 ‘‘(C) VACANCY.—The Vice Chairman shall 

14 act as Chairman in the absence or incapacity 

15 of, or in the event of a vacancy in the office of, 

16 the Chairman. 

17 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

18 Commandant (or the Commandant’s designee) shall 

19 designate a Designated Federal Officer to the Coun20 cil in accordance with the Federal Advisory Com21 mittee Act (5 U.S.C. App.). 

22 ‘‘(c) CONSULTATION.—In addition to the consulta23 tion required by section 4302 of this title, the Com24 mandant (or the Commandant’s designee) shall, whenever 


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1 practicable, consult with the Council on boating safety 

2 matters related to chapter 131 of this title. 

3 ‘‘(d) FEDERAL ADVISORY COMMITTEE ACT; TERMI4 NATION.— 

5 ‘‘(1) FACA.—The Federal Advisory Committee 

6 Act (5 U.S.C. App.) shall apply to the Council. 

7 ‘‘(2) TERMINATION.—The Council shall termi8 nate on September 30, 2027. 

9 ‘‘§ 709. National Maritime Security Advisory Com10 mittee 

11 ‘‘(a) ESTABLISHMENT.—There is established a Na12 tional Maritime Security Advisory Committee (referred to 

13 in this section as the ‘Committee’). 

14 ‘‘(b) FUNCTION.—The Committee, acting through 

15 the Commandant (or the Commandant’s designee), is au16 thorized to advise, consult with, report to, and make rec17 ommendations to the Secretary on matters relating to na18 tional maritime security. 

19 ‘‘(c) ORGANIZATION.— 

20 ‘‘(1) MEETING.—The Committee shall, at least 

21 once each calendar year, meet at the call of the 

22 Commandant (or the Commandant’s designee). 

23 ‘‘(2) MEMBERSHIP.— 


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1 ‘‘(A) IN GENERAL.—The Committee shall 

2 consist of not less than 8 members, but not 

3 more than 12 members. 

4 ‘‘(B) EXPERIENCE.—Each member of the 

5 Committee shall have at least 5 years practical 

6 experience in maritime security operations. 

7 ‘‘(C) POINTS OF VIEW.—Each member of 

8 the Committee shall represent the point of view 

9 of an entity or group, as follows: 

10 ‘‘(i) At least 1 member representing 

11 the port authorities. 

12 ‘‘(ii) At least 1 member representing 

13 the facilities owners or operators. 

14 ‘‘(iii) At least 1 member representing 

15 the terminal owners or operators. 

16 ‘‘(iv) At least 1 member representing 

17 the vessel owners or operators. 

18 ‘‘(v) At least 1 member representing 

19 the maritime labor organizations. 

20 ‘‘(vi) At least 1 member representing 

21 the academic community. 

22 ‘‘(vii) At least 1 member representing 

23 State or local governments. 

24 ‘‘(viii) At least 1 member representing 

25 the maritime industry. 


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1 ‘‘(ix) Not more than 4 members, each 

2 representing an entity or group, the point 

3 of view of which or the area of expertise of 

4 which the Commandant (or the Com5 mandant’s designee) determines would aid 

6 the Committee’s deliberations. 

7 ‘‘(3) STATUS OF MEMBERS.—For the purposes 

8 of Federal law, including the Ethics in Government 

9 Act of 1978 and chapter 11 of title 18, each member 

10 of the Committee is hereby deemed a representative 

11 of the member’s respective special interest entity or 

12 group, and not a special Government employee (as 

13 defined in section 202(a) of title 18). 

14 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERV15 ICE.— 

16 ‘‘(A) NOMINATIONS.—As necessary, the 

17 Secretary shall publish in the Federal Register, 

18 a notice soliciting nominations for membership 

19 on the Committee. 

20 ‘‘(B) APPOINTMENTS.— 

21 ‘‘(i) IN GENERAL.—After timely notice 

22 is published, the Secretary shall appoint 

23 members to the Committee. 

24 ‘‘(ii) LIMITATIONS.—The Secretary 

25 may not seek, consider, or otherwise use 


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1 information concerning the political affili2 ation of an individual in making an ap3 pointment to the Committee. 

4 ‘‘(iii) REAPPOINTMENTS.—The Sec5 retary may reappoint a member to the 

6 Committee more than once. 

7 ‘‘(C) SERVICE.—Each member of the Com8 mittee shall serve at the pleasure of the Sec9 retary. 

10 ‘‘(D) BACKGROUND EXAMINATIONS.—The 

11 Secretary may require an individual to have 

12 passed an appropriate security background ex13 amination before appointment to the Com14 mittee. 

15 ‘‘(5) TERM; VACANCY.— 

16 ‘‘(A) TERM.— 

17 ‘‘(i) IN GENERAL.—The term of each 

18 member of the Committee shall expire on 

19 December 31 of the third full year after 

20 the effective date of the appointment. 

21 ‘‘(ii) EXTENSIONS.—Notwithstanding 

22 clause (i), paragraph (4), or any other pro23 vision of law or policy, the Commandant 

24 (or the Commandant’s designee) may ex25 tend the term of a member of the ComVerDate Sep 11 2014 22:27 Jun 05, 2017 Jkt 069200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6401 E:\BILLS\S1129.RS S1129

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1 mittee to December 31 of the fifth full 

2 year after the effective date of the appoint3 ment. 

4 ‘‘(iii) VACANCY.—In the case of an 

5 appointment to fill a vacancy on the Com6 mittee, the Secretary shall appoint an indi7 vidual for a full term. 

8 ‘‘(6) CHAIRMAN; VICE CHAIRMAN.— 

9 ‘‘(A) IN GENERAL.—The Commandant (or 

10 the Commandant’s designee) shall designate 1 

11 member of the Committee as the Chairman and 

12 another member of the Committee as the Vice 

13 Chairman, both of whom shall serve in such ca14 pacity at the pleasure of the Commandant (or 

15 the Commandant’s designee) and for a term to 

16 be fixed by the Commandant (or the Com17 mandant’s designee). 

18 ‘‘(B) RECOMMENDATIONS.—The Com19 mandant (or the Commandant’s designee) may 

20 solicit, from the Committee, recommendations 

21 with regard to the members whom the Com22 mandant (or the Commandant’s designee) shall 

23 designate as the Chairman and the Vice Chair24 man. 


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1 ‘‘(C) VACANCY.—The Vice Chairman shall 

2 act as Chairman in the absence or incapacity 

3 of, or in the event of a vacancy in the office of, 

4 the Chairman. 

5 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

6 Commandant (or the Commandant’s designee) shall 

7 designate a Designated Federal Officer to the Com8 mittee in accordance with the Federal Advisory 

9 Committee Act (5 U.S.C. App.). 

10 ‘‘(d) FEDERAL ADVISORY COMMITTEE ACT; TERMI11 NATION.— 

12 ‘‘(1) FACA.—The Federal Advisory Committee 

13 Act (5 U.S.C. App.) shall apply to the Committee. 

14 ‘‘(2) TERMINATION.—The Committee shall ter15 minate on September 30, 2027. 

16 ‘‘§ 710. National Offshore Safety Advisory Committee 

17 ‘‘(a) ESTABLISHMENT.—There is established a Na18 tional Offshore Safety Advisory Committee (referred to in 

19 this section as the ‘Committee’). 

20 ‘‘(b) FUNCTION.—The Committee, acting through 

21 the Commandant (or the Commandant’s designee), is au22 thorized to advise, consult with, report to, and make rec23 ommendations to the Secretary on matters relating to ac24 tivities directly involved with, or in support of, the explo25 ration of offshore mineral and energy resources insofar as 


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1 such activities relate to matters within Coast Guard juris2 diction. 

3 ‘‘(c) ORGANIZATION.— 

4 ‘‘(1) MEETING.—The Committee shall, at least 

5 once each calendar year, meet at the call of the 

6 Commandant (or the Commandant’s designee). 

7 ‘‘(2) MEMBERSHIP.— 

8 ‘‘(A) IN GENERAL.—The Committee shall 

9 consist of 15 members. 

10 ‘‘(B) POINTS OF VIEW.—Except as pro11 vided in subparagraph (C), each member of the 

12 Committee shall represent the point of view of 

13 an entity or group, as follows: 

14 ‘‘(i) 2 members representing compa15 nies, organizations, enterprises, or similar 

16 entities engaged in the production of petro17 leum. 

18 ‘‘(ii) 2 members representing compa19 nies, organizations, enterprises, or similar 

20 entities engaged in offshore drilling. 

21 ‘‘(iii) 2 members representing compa22 nies, organizations, enterprises or similar 

23 entities engaged in the support, by offshore 

24 supply vessels or other vessels, of offshore 

25 operations. 


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1 ‘‘(iv) 1 member representing a com2 pany, organization, enterprise or similar 

3 entity engaged in the construction of off4 shore facilities. 

5 ‘‘(v) 1 member representing a com6 pany, organization, enterprise or similar 

7 entity providing diving services to the off8 shore industry. 

9 ‘‘(vi) 1 member representing a com10 pany, organization, enterprise or similar 

11 entity providing safety and training serv12 ices to the offshore industry. 

13 ‘‘(vii) 1 member representing a com14 pany, organization, enterprise or similar 

15 entity providing subsea engineering, con16 struction or remotely operated vehicle sup17 port to the offshore industry. 

18 ‘‘(viii) 2 members representing em19 ployees of companies, organizations, enter20 prises or similar entities engaged in off21 shore operations, 1 of whom should have 

22 recent practical experience on vessels or 

23 units involved in the offshore industry. 

24 ‘‘(ix) 1 member representing a com25 pany, organization, enterprise or similar 


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1 entity providing environmental protection, 

2 compliance or response services to the off3 shore industry. 

4 ‘‘(x) 1 member representing a com5 pany, organization, enterprise or similar 

6 entity engaged in offshore oil exploration 

7 or production on the Outer Continental 

8 Shelf of Alaska. 

9 ‘‘(C) ADDITIONAL MEMBER.—1 member of 

10 the Committee shall represent the general pub11 lic. 

12 ‘‘(3) STATUS OF MEMBERS.—For the purposes 

13 of Federal law, including the Ethics in Government 

14 Act of 1978 and chapter 11 of title 18— 

15 ‘‘(A) a member of the Committee, whom 

16 the Secretary appoints to represent the point of 

17 view of an entity or group set out in paragraph 

18 (2)(C), is hereby deemed a representative of the 

19 member’s respective special interest entity or 

20 group, and not a special Government employee 

21 (as defined in section 202(a) of title 18); and 

22 ‘‘(B) a member of the Committee, whom 

23 the Secretary appoints to represent the general 

24 public, is hereby deemed a special Government 


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1 employee (as defined in section 202(a) of title 

2 18). 

3 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERV4 ICE.— 

5 ‘‘(A) NOMINATIONS.—As necessary, the 

6 Secretary shall publish, in the Federal Register, 

7 a notice soliciting nominations for membership 

8 on the Committee. 

9 ‘‘(B) APPOINTMENTS.— 

10 ‘‘(i) IN GENERAL.—After timely notice 

11 is published, the Secretary shall, as nec12 essary, appoint members to the Committee. 

13 ‘‘(ii) LIMITATIONS.—The Secretary 

14 may not seek, consider, or otherwise use 

15 information concerning the political affili16 ation of a nominee in making an appoint17 ment to the Committee. 

18 ‘‘(iii) REAPPOINTMENTS.—The Sec19 retary may reappoint a member to the 

20 Committee more than once. 

21 ‘‘(C) SERVICE.—Each member of the Com22 mittee shall serve at the pleasure of the Sec23 retary. 

24 ‘‘(5) TERM; VACANCY.— 

25 ‘‘(A) TERM.— 


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1 ‘‘(i) IN GENERAL.—The term of each 

2 member of the Committee shall expire on 

3 December 31 of the third full year after 

4 the effective date of the appointment. 

5 ‘‘(ii) EXTENSIONS.—Notwithstanding 

6 clause (i), paragraph (4), or any other pro7 vision of law or policy, the Commandant 

8 (or the Commandant’s designee) may ex9 tend the term of a member of the Com10 mittee to December 31 of the fifth full 

11 year after the effective date of the appoint12 ment. 

13 ‘‘(iii) VACANCY.—In the case of an 

14 appointment to fill a vacancy on the Com15 mittee, the Secretary shall appoint an indi16 vidual for a full term. 

17 ‘‘(6) CHAIRMAN; VICE CHAIRMAN.— 

18 ‘‘(A) IN GENERAL.—The Commandant (or 

19 the Commandant’s designee) shall designate 

20 one member of the Committee as the Chairman 

21 and another member of the Committee as the 

22 Vice Chairman, both of whom shall serve in 

23 such capacity at the pleasure of the Com24 mandant (or the Commandant’s designee) and 


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1 for a term to be fixed by the Commandant (or 

2 the Commandant’s designee). 

3 ‘‘(B) RECOMMENDATIONS.—The Com4 mandant (or the Commandant’s designee) may 

5 solicit, from the Committee, recommendations 

6 with regard to the members whom the Com7 mandant (or the Commandant’s designee) shall 

8 designate as the Chairman and the Vice Chair9 man. 

10 ‘‘(C) VACANCY.—The Vice Chairman shall 

11 act as Chairman in the absence or incapacity 

12 of, or in the event of a vacancy in the office of, 

13 the Chairman. 

14 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

15 Commandant (or the Commandant’s designee) shall 

16 designate a Designated Federal Officer to the Com17 mittee in accordance with the Federal Advisory 

18 Committee Act (5 U.S.C. App.). 

19 ‘‘(d) FEDERAL ADVISORY COMMITTEE ACT; TERMI20 NATION.— 

21 ‘‘(1) FACA.—The Federal Advisory Committee 

22 Act (5 U.S.C. App.) shall apply to the Committee. 

23 ‘‘(2) TERMINATION.—The Committee shall ter24 minate on September 30, 2027. 


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1 ‘‘§ 711. Navigation Safety Advisory Council 

2 ‘‘(a) ESTABLISHMENT.—There is established a Navi3 gation Safety Advisory Council (referred to in this section 

4 as the ‘Council’). 

5 ‘‘(b) FUNCTION.—The Council, acting through the 

6 Commandant (or the Commandant’s designee), is author7 ized to advise, consult with, report to, and make rec8 ommendations to the Secretary on matters relating to 

9 maritime collisions, rammings and groundings, Inland 

10 Rules of the Road, International Rules of the Road, navi11 gation regulations and equipment, routing measures, ma12 rine information, and aids to navigation systems. 

13 ‘‘(c) ORGANIZATION.— 

14 ‘‘(1) MEETING.—The Council shall, at least 

15 once each calendar year, meet at the call of the 

16 Commandant (or the Commandant’s designee). 

17 ‘‘(2) MEMBERSHIP.— 

18 ‘‘(A) IN GENERAL.—The Council shall con19 sist of not more than 21 members. 

20 ‘‘(B) EXPERIENCE.—Each member of the 

21 Council shall have expertise in Inland and 

22 International vessel navigation Rules of the 

23 Road, aids to maritime navigation, maritime 

24 law, vessel safety, or port safety. 


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1 ‘‘(C) POINTS OF VIEW.—Each member of 

2 the Council shall represent the point of view of 

3 one of the following entities or groups: 

4 ‘‘(i) Commercial vessel owners or op5 erators. 

6 ‘‘(ii) Professional mariners. 

7 ‘‘(iii) Recreational boaters. 

8 ‘‘(iv) State agencies responsible for 

9 vessel or port safety. 

10 ‘‘(v) The Maritime Law Association. 

11 ‘‘(3) STATUS OF MEMBERS.—For the purposes 

12 of Federal law, including the Ethics in Government 

13 Act of 1978 and chapter 11 of title 18, each member 

14 of the Council is hereby deemed a representative of 

15 the member’s respective special interest entity or 

16 group, and not a special Government employee (as 

17 defined in section 202(a) of title 18). 

18 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERV19 ICE.— 

20 ‘‘(A) NOMINATIONS.—As necessary, the 

21 Secretary shall publish, in the Federal Register, 

22 a notice soliciting nominations for membership 

23 on the Council. 

24 ‘‘(B) APPOINTMENTS.— 


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1 ‘‘(i) IN GENERAL.—After timely notice 

2 is published, the Secretary shall, as nec3 essary, appoint members to the Council. 

4 ‘‘(ii) LIMITATIONS.—The Secretary 

5 may not seek, consider, or otherwise use 

6 information concerning the political affili7 ation of a nominee in making an appoint8 ment to the Council. 

9 ‘‘(iii) REAPPOINTMENTS.—The Sec10 retary may reappoint a member to the 

11 Council more than once. 

12 ‘‘(C) SERVICE.—Each member of the 

13 Council shall serve at the pleasure of the Sec14 retary. 

15 ‘‘(5) TERM; VACANCY.— 

16 ‘‘(A) TERM.— 

17 ‘‘(i) IN GENERAL.—The term of each 

18 member of the Council shall expire on De19 cember 31 of the third full year after the 

20 effective date of the appointment. 

21 ‘‘(ii) EXTENSIONS.—Notwithstanding 

22 clause (i), paragraph (4), or any other pro23 vision of law or policy, the Commandant 

24 (or the Commandant’s designee) may ex25 tend the term of a member of the Council 


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1 to December 31 of the fifth full year after 

2 the effective date of the appointment. 

3 ‘‘(iii) REAPPOINTMENTS.—In the case 

4 of an appointment to fill a vacancy on the 

5 Council, the Secretary shall appoint an in6 dividual for a full term. 

7 ‘‘(6) CHAIRMAN; VICE CHAIRMAN.— 

8 ‘‘(A) IN GENERAL.—The Commandant (or 

9 the Commandant’s designee) shall designate 1 

10 member of the Council as the Chairman and 

11 another member of the Council as the Vice 

12 Chairman, both of whom shall serve in such ca13 pacity at the pleasure of the Commandant (or 

14 the Commandant’s designee) and for a term to 

15 be fixed by the Commandant (or the Com16 mandant’s designee). 

17 ‘‘(B) RECOMMENDATIONS.—The Com18 mandant (or the Commandant’s designee) may 

19 solicit, from the Council, recommendations with 

20 regard to the members whom the Commandant 

21 (or the Commandant’s designee) shall designate 

22 as the Chairman and the Vice Chairman. 

23 ‘‘(C) VACANCY.—The Vice Chairman shall 

24 act as Chairman in the absence or incapacity 


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1 of, or in the event of a vacancy in the office of, 

2 the Chairman. 

3 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

4 Commandant (or the Commandant’s designee) shall 

5 designate a Designated Federal Officer to the Coun6 cil who shall perform the duties set forth in section 

7 10(c) of the Federal Advisory Committee Act (5 

8 U.S.C. App.). 

9 ‘‘(d) FEDERAL ADVISORY COMMITTEE ACT; TERMI10 NATION.— 

11 ‘‘(1) FACA.—The Federal Advisory Committee 

12 Act (5 U.S.C. App.) shall apply to the Council. 

13 ‘‘(2) TERMINATION.—The Council shall termi14 nate on September 30, 2027. 

15 ‘‘§ 712. Towing Safety Advisory Committee 

16 ‘‘(a) ESTABLISHMENT.—There is established a Tow17 ing Safety Advisory Committee (referred to in this section 

18 as the ‘Committee’). 

19 ‘‘(b) FUNCTION.—The Committee, acting through 

20 the Commandant (or the Commandant’s designee), is au21 thorized to advise, consult with, report to, and make rec22 ommendations to the Secretary on matters relating to 

23 shallow-draft inland navigation, coastal waterway naviga24 tion, and towing safety. 

25 ‘‘(c) ORGANIZATION.— 


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1 ‘‘(1) MEETING.—The Committee shall, at least 

2 once each calendar year, meet at the call of the 

3 Commandant (or the Commandant’s designee). 

4 ‘‘(2) MEMBERSHIP.— 

5 ‘‘(A) IN GENERAL.—The Committee shall 

6 consist of 18 members. 

7 ‘‘(B) EXPERIENCE.—Each member of the 

8 Committee shall have particular expertise, 

9 knowledge, and experience regarding— 

10 ‘‘(i) shallow-draft inland navigation or 

11 coastal waterway navigation; and 

12 ‘‘(ii) towing safety. 

13 ‘‘(C) POINTS OF VIEW.—Except as pro14 vided in subparagraph (D), each member of the 

15 Committee shall represent the point of view of 

16 an entity or group, as follows: 

17 ‘‘(i) 7 members representing the barge 

18 and towing industry, reflecting a regional 

19 geographic balance. 

20 ‘‘(ii) 1 member representing the off21 shore mineral and oil supply vessel indus22 try. 

23 ‘‘(iii) 1 member representing Masters 

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1 ence on the Western Rivers and the Gulf 

2 Intracoastal Waterway. 

3 ‘‘(iv) 1 member representing Masters 

4 of towing vessels who have experience in 

5 offshore service. 

6 ‘‘(v) 1 member representing Masters 

7 of towing vessels who have experience in 

8 harbor-assist operations. 

9 ‘‘(vi) 1 member representing towing 

10 vessel engineers. 

11 ‘‘(vii) 2 members representing port 

12 districts, authorities, or terminal operators. 

13 ‘‘(viii) 1 member representing ship14 pers. 

15 ‘‘(ix) 1 member representing shippers 

16 who are engaged in the chartering or ship17 ping of oil or hazardous materials by 

18 barge. 

19 ‘‘(D) ADDITIONAL MEMBERS.—2 members 

20 of the Committee shall represent the general 

21 public. 

22 ‘‘(3) STATUS OF MEMBERS.—For the purposes 

23 of Federal law, including the Ethics in Government 

24 Act of 1978 and chapter 11 of title 18— 


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1 ‘‘(A) a member of the Committee, whom 

2 the Secretary appoints to represent the point of 

3 view of an entity or group set out in paragraph 

4 (2)(C), is hereby deemed a representative of the 

5 member’s respective special interest entity or 

6 group, and not a special Government employee 

7 (as defined in section 202(a) of title 18); and 

8 ‘‘(B) a member of the Committee, whom 

9 the Secretary appoints to represent the general 

10 public, is hereby deemed a special Government 

11 employee (as defined in section 202(a) of title 

12 18). 

13 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERV14 ICE.— 

15 ‘‘(A) NOMINATIONS.—As necessary, the 

16 Secretary shall publish, in the Federal Register, 

17 a notice soliciting nominations for membership 

18 on the Committee. 

19 ‘‘(B) APPOINTMENTS.— 

20 ‘‘(i) IN GENERAL.—After timely notice 

21 is published, the Secretary shall, as nec22 essary, appoint members to the Committee. 

23 ‘‘(ii) LIMITATIONS.—The Secretary 

24 may not seek, consider, or otherwise use 

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1 ation of an individual in making an ap2 pointment to the Committee. 

3 ‘‘(iii) REAPPOINTMENTS.—The Sec4 retary may reappoint a member to the 

5 Committee more than once. 

6 ‘‘(C) SERVICE.—Each member of the Com7 mittee shall serve at the pleasure of the Sec8 retary. 

9 ‘‘(5) TERM; VACANCY.— 

10 ‘‘(A) TERM.— 

11 ‘‘(i) IN GENERAL.—The term of each 

12 member of the Committee shall expire on 

13 December 31 of the third full year after 

14 the effective date of the appointment. 

15 ‘‘(ii) EXTENSIONS.—Notwithstanding 

16 clause (i), paragraph (4), or any other pro17 vision of law or policy, the Commandant 

18 (or the Commandant’s designee) may ex19 tend the term of a member of the Com20 mittee to December 31 of the fifth full 

21 year after the effective date of the appoint22 ment. 

23 ‘‘(iii) VACANCY.—In the case of an 

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1 mittee, the Secretary shall appoint an indi2 vidual for a full term. 

3 ‘‘(6) CHAIRMAN; VICE CHAIRMAN.— 

4 ‘‘(A) IN GENERAL.—The Commandant (or 

5 the Commandant’s designee) shall designate 1 

6 member of the Committee as the Chairman and 

7 another member of the Committee as the Vice 

8 Chairman, both of whom shall serve in such ca9 pacity at the pleasure of the Commandant (or 

10 the Commandant’s designee) and for a term to 

11 be fixed by the Commandant (or the Com12 mandant’s designee). 

13 ‘‘(B) RECOMMENDATIONS.—The Com14 mandant (or the Commandant’s designee) may 

15 solicit, from the Committee, recommendations 

16 with regard to the members whom the Com17 mandant (or the Commandant’s designee) shall 

18 designate as the Chairman and the Vice Chair19 man. 

20 ‘‘(C) VACANCY.—The Vice Chairman shall 

21 act as Chairman in the absence or incapacity 

22 of, or in the event of a vacancy in the office of, 

23 the Chairman. 

24 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

25 Commandant (or the Commandant’s designee) shall 


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1 designate a Designated Federal Officer to the Com2 mittee in accordance with the Federal Advisory 

3 Committee Act (5 U.S.C. App.). 

4 ‘‘(d) CONSULTATION.—The Commandant (or the 

5 Commandant’s designee) shall, whenever practicable, con6 sult with the Committee before taking any significant ac7 tion affecting shallow-draft inland navigation, coastal wa8 terway navigation, and towing safety. 

9 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT; TERMI10 NATION.— 

11 ‘‘(1) FACA.—The Federal Advisory Committee 

12 Act (5 U.S.C. App.) shall apply to the Committee. 

13 ‘‘(2) TERMINATION.—The Committee shall ter14 minate on September 30, 2027.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) TABLE OF CHAPTERS.—The table of chap17 ters for subtitle I of title 46, United States Code, is 

18 amended by adding at the end the following: 

‘‘7. Coast Guard advisory committees ..................................................... 701’’. 

19 (2) COMMERCIAL FISHING SAFETY ADVISORY

20 COMMITTEE.— 

21 (A) REPEAL.—Section 4508 of title 46, 

22 United States Code, is repealed. 

23 (B) TABLE OF CONTENTS.—The table of 

24 contents of chapter 45 of title 46, United 


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1 States Code, is amended by striking the item 

2 relating to section 4508. 

3 (3) GREAT LAKES PILOTAGE ADVISORY COM4 MITTEE.— 

5 (A) REPEAL.—Section 9307 of title 46, 

6 United States Code, is repealed. 

7 (B) TABLE OF CONTENTS.—The table of 

8 contents of chapter 93 of title 46, United 

9 States Code, is amended by striking the item 

10 relating to section 9307. 

11 (4) LOWER MISSISSIPPI RIVER WATERWAY

12 SAFETY ADVISORY COMMITTEE.—Section 19 of the 

13 Coast Guard Authorization Act of 1991 (Public Law 

14 102–241; 105 Stat. 2215) is repealed. 

15 (5) MERCHANT MARINE PERSONNEL ADVISORY

16 COMMITTEE.— 

17 (A) REPEAL.—Section 8108 of title 46, 

18 United States Code, is repealed. 

19 (B) TABLE OF CONTENTS.—The table of 

20 contents of chapter 81 of title 46, United 

21 States Code, is amended by striking the item 

22 relating to section 8108. 

23 (6) MERCHANT MARINER MEDICAL ADVISORY

24 COMMITTEE.— 


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1 (A) REPEAL.—Section 7115 of title 46, 

2 United States Code, is repealed. 

3 (B) TABLE OF CONTENTS.—The table of 

4 contents of chapter 71 of title 46, United 

5 States Code, is amended by striking the item 

6 relating to section 7115. 

7 (7) NATIONAL BOATING SAFETY ADVISORY

8 COUNCIL.— 

9 (A) REPEAL.—Section 13110 of title 46, 

10 United States Code, is repealed. 

11 (B) TABLE OF CONTENTS.—The table of 

12 contents of chapter 131 of title 46, United 

13 States Code, is amended by striking the item 

14 relating to section 13110. 

15 (C) TECHNICAL AMENDMENT.—Section 

16 4302(c)(4) of title 46, United States Code, is 

17 amended by striking ‘‘13110’’ and inserting 

18 ‘‘708’’. 

19 (8) NATIONAL MARITIME SECURITY ADVISORY

20 COMMITTEE.—Section 109(a)(1) of the Maritime 

21 Transportation Security Act of 2002 (46 U.S.C. 

22 70101 note) is amended by striking ‘‘section 70112 

23 of title 46, United States Code, as amended by this 

24 Act’’ and inserting ‘‘section 709 of title 46, United 

25 States Code’’. 


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1 (9) NAVIGATION SAFETY ADVISORY COUNCIL.— 

2 Section 5 of the Inland Navigational Rules Act of 

3 1980 (33 U.S.C. 2073) is repealed. 

4 (10) TOWING SAFETY ADVISORY COMMITTEE.— 

5 The Act to establish a Towing Safety Advisory Com6 mittee in the Department of Transportation, ap7 proved October 6, 1980 (33 U.S.C. 1231a), is re8 pealed. 

9 (c) AREA MARITIME SECURITY ADVISORY COMMIT10 TEES.— 

11 (1) IN GENERAL.—Section 70112 of title 46, 

12 United States Code, is amended— 

13 (A) in the heading, by striking ‘‘Mari14 time Security Advisory Committees’’ 

15 and inserting ‘‘Area Maritime Security 

16 Advisory Committees’’; 

17 (B) by amending subsection (a) to read as 

18 follows: 

19 ‘‘(a) ESTABLISHMENT OF COMMITTEES.— 

20 ‘‘(1) The Secretary may— 

21 ‘‘(A) establish an Area Maritime Security 

22 Advisory Committee for any port area of the 

23 United States; and 

24 ‘‘(B) request an Area Maritime Security 

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1 time Transportation Security Plan developed 

2 under section 70103(b) and make recommenda3 tions to the Secretary that the Committee con4 siders appropriate. 

5 ‘‘(2) Each Area Maritime Security Advisory 

6 Committee— 

7 ‘‘(A) may advise, consult with, report to, 

8 and make recommendations to the Secretary on 

9 matters relating to maritime security in that 

10 area; 

11 ‘‘(B) may make available to the Congress 

12 recommendations that the Committee makes to 

13 the Secretary; and 

14 ‘‘(C) shall meet at the call of— 

15 ‘‘(i) the Secretary, who shall call such 

16 a meeting at least once during each cal17 endar year; or 

18 ‘‘(ii) a majority of the Committee.’’; 

19 (C) in subsection (b)— 

20 (i) in paragraph (1), by striking ‘‘of 

21 the committees’’ and inserting ‘‘Area Mari22 time Security Advisory Committee’’; 

23 (ii) in paragraph (3)— 

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1 time Security Advisory Committee’’; 

2 and 

3 (II) by striking ‘‘the committee’’ 

4 and inserting ‘‘an Area Maritime Se5 curity Advisory Committee’’; 

6 (iii) in paragraph (4), by striking ‘‘the 

7 Committee’’ and inserting ‘‘an Area Mari8 time Security Advisory Committee’’; and 

9 (iv) in paragraph (5)— 

10 (I) by striking subparagraph (A); 

11 and 

12 (II) in subparagraph (B), by 

13 striking ‘‘(B)’’ and indenting appro14 priately; 

15 (D) in subsection (c)(1), by striking ‘‘com16 mittee’’ and inserting ‘‘Area Maritime Security 

17 Advisory Committee’’; 

18 (E) by striking subsection (d); 

19 (F) by redesignating subsections (e), (f), 

20 and (g) as subsections (d), (e), and (f), respec21 tively; 

22 (G) in subsection (d), as redesignated— 

23 (i) by striking ‘‘the Committee’’ and 

24 inserting ‘‘an Area Maritime Security Ad25 visory Committee’’; and 


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1 (ii) by striking the period at the end 

2 and inserting ‘‘for an area.’’; 

3 (H) in subsection (e), as redesignated— 

4 (i) in paragraph (1), by striking ‘‘a 

5 committee’’ and inserting ‘‘an Area Mari6 time Security Advisory Committee’’; and 

7 (ii) in paragraph (2), by striking 

8 ‘‘such a committee’’ and inserting ‘‘an 

9 Area Maritime Security Advisory Com10 mittee’’; and 

11 (I) by amending subsection (f), as redesig12 nated, to read as follows: 

13 ‘‘(f) FEDERAL ADVISORY COMMITTEE ACT; TERMI14 NATION DATE.— 

15 ‘‘(1) FACA.—The Federal Advisory Committee 

16 Act (5 U.S.C. App.) does not apply to Area Mari17 time Security Advisory Committees established 

18 under this section. 

19 ‘‘(2) TERMINATION.—The Area Maritime Secu20 rity Advisory Committees shall terminate on Sep21 tember 30, 2027.’’. 

22 (d) TABLE OF CONTENTS.—The table of contents of 

23 chapter 701 of title 46, United States Code, is amended 

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1 time Security Advisory Committees’’ and inserting ‘‘Area 

2 Maritime Security Advisory Committees’’. 

3 (e) HOUSTON-GALVESTON NAVIGATION SAFETY AD4 VISORY COMMITTEE; REPEAL.—Section 18 of the Coast 

5 Guard Authorization Act of 1991 (Public Law 102–241; 

6 105 Stat. 2213) is repealed. 

7 (f) TRANSITION OF COAST GUARD ADVISORY COM8 MITTEES.— 

9 (1) IN GENERAL.—Notwithstanding the amend10 ments made under subsections (b) and (c) of this 

11 section, an advisory committee described in para12 graph (2) of this subsection shall continue to be sub13 ject to the requirements under law to which such ad14 visory committee was subject as in effect on the day 

15 before the date of enactment of this Act, including 

16 its charter, and the members appointed to such advi17 sory committee shall continue to serve pursuant 

18 thereto, until the Secretary of the department in 

19 which the Coast Guard is operating makes the appli20 cable appointments under sections 702 through 712 

21 of title 46, United States Code. 

22 (2) COAST GUARD ADVISORY COMMITTEES.—An 

23 advisory committee described in this paragraph is as 

24 follows: 


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1 (A) Chemical Transportation Advisory 

2 Committee. 

3 (B) Commercial Fishing Safety Advisory 

4 Committee established under section 4508 of 

5 title 46, United States Code. 

6 (C) Great Lakes Pilotage Advisory Com7 mittee established under section 9307 of title 

8 46, United States Code. 

9 (D) Lower Mississippi River Waterway 

10 Safety Advisory Committee established under 

11 section 19 of the Coast Guard Authorization 

12 Act of 1991 (Public Law 102–241; 105 Stat. 

13 2215). 

14 (E) Merchant Marine Personnel Advisory 

15 Committee established under section 8108 of 

16 title 46, United States Code. 

17 (F) Merchant Mariner Medical Advisory 

18 Committee established under section 7115 of 

19 title 46, United States Code. 

20 (G) National Boating Safety Advisory 

21 Committee established under section 13110 of 

22 title 46, United States Code. 

23 (H) National Maritime Security Advisory 

24 Committee established under section 70112 of 

25 title 46, United States Code. 


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1 (I) National Offshore Safety Advisory 

2 Committee. 

3 (J) Navigation Safety Advisory Council es4 tablished under section 5 of the Inland Naviga5 tional Rules Act of 1980 (33 U.S.C. 2073). 

6 (K) Towing Safety Advisory Committee es7 tablished under the Act entitled the ‘‘Act to es8 tablish a Towing Safety Advisory Committee in 

9 the Department of Transportation’’, approved 

10 October 6, 1980 (33 U.S.C. 1231a). 

11 (3) DEADLINE.—Not later than 2 years after 

12 the date of enactment of this Act, the Secretary of 

13 the department in which the Coast Guard is oper14 ating shall make the appointments, and file any nec15 essary charters, under sections 702 through 712 of 

16 title 46, United States Code. 

17 SEC. 302. CLARIFICATION OF LOGBOOK AND ENTRY RE18 QUIREMENTS. 

19 Section 11304 of title 46, United States Code, is 

20 amended— 

21 (1) in subsection (a)— 

22 (A) by striking ‘‘an official logbook, which’’ 

23 and inserting ‘‘a logbook, which may be in any 

24 form, including electronic, and’’; and 


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1 (B) by inserting ‘‘or a ferry, passenger ves2 sel, or small passenger vessel (as those terms 

3 are defined in section 2101)’’ after ‘‘Canada’’; 

4 and 

5 (2) in subsection (b)— 

6 (A) in the matter preceding paragraph (1), 

7 by striking ‘‘log book’’ and inserting ‘‘logbook’’; 

8 and 

9 (B) by amending paragraph (3) to read as 

10 follows: 

11 ‘‘(3) Each illness of or injury, the nature of the 

12 illness or injury, and any medical treatment admin13 istered.’’. 

14 SEC. 303. TECHNICAL CORRECTIONS; LICENSES, CERTIFI15 CATIONS OF REGISTRY, AND MERCHANT 

16 MARINER DOCUMENTS. 

17 Part E of subtitle II of title 46, United States Code, 

18 is amended— 

19 (1) in section 7106(b), by striking ‘‘merchant 

20 mariner’s document’’ and inserting ‘‘license’’; 

21 (2) in section 7107(b), by striking ‘‘merchant 

22 mariner’s document’’ and inserting ‘‘certificate of 

23 registry’’; and 


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1 (3) in section 7507(b)(2), by striking ‘‘a mer2 chant mariner’s document’’ and inserting ‘‘a license 

3 or a certificate of registry.’’. 

4 SEC. 304. NUMBERING FOR UNDOCUMENTED BARGES. 

5 Chapter 121 of title 46, United States Code, is 

6 amended— 

7 (1) in section 12102— 

8 (A) in subsection (c), by adding at the end 

9 the following: ‘‘The Secretary may require such 

10 an undocumented barge more than 100 gross 

11 tons operating on the navigable waters of the 

12 United States to be numbered under chapter 

13 123 of this title.’’; and 

14 (B) in subsection (d), by striking ‘‘Sec15 retary of Transportation’’ and inserting ‘‘Sec16 retary of the department in which the Coast 

17 Guard is operating’’; and 

18 (2) in section 12301— 

19 (A) by striking subsection (b); and 

20 (B) by striking the subsection designation 

21 in subsection (a) and indenting appropriately. 

22 SEC. 305. AIDS TO NAVIGATION. 

23 (a) AUTHORIZATIONS.—Section 210(a) of the Water 

24 Resources Development Act of 1986 (33 U.S.C. 2238) is 

25 amended— 


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1 (1) in paragraph (1), by striking ‘‘; and’’ and 

2 inserting a semicolon; 

3 (2) in paragraph (2), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(3) up to 100 percent of the Coast Guard’s el7 igible operations and maintenance costs necessitated 

8 by the completion of a navigation improvement 

9 project.’’. 

10 (b) DEFINITIONS.—Section 214(2) of the Water Re11 sources Development Act of 1986 (33 U.S.C. 2241) is 

12 amended— 

13 (1) in subparagraph (A), by striking ‘‘subpara14 graph (B)’’ and inserting ‘‘subparagraphs (B) and 

15 (C)’’; 

16 (2) by redesignating subparagraph (C) as sub17 paragraph (D); 

18 (3) by inserting after subparagraph (B) the fol19 lowing: 

20 ‘‘(C) As applied to the Coast Guard, the 

21 term ‘eligible operations and maintenance’ 

22 means all operations and maintenance reason23 ably necessary to relocate or establish a Federal 

24 navigational aid necessary for a navigation im25 provement project.’’; and 


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1 (4) in subparagraph (D), as redesignated, by 

2 striking the period at the end and inserting ‘‘, except 

3 as applied to the Coast Guard under subparagraph 

4 (C).’’. 

5 SEC. 306. EQUIPMENT REQUIREMENTS; EXEMPTION FROM 

6 THROWABLE PERSONAL FLOTATION DE7 VICES. 

8 Not later than 180 days after the date of enactment 

9 of this Act, the Secretary of the department in which the 

10 Coast Guard is operating shall revise section 175.17 of 

11 title 33, Code of Federal Regulations, to exempt 

12 paddleboards and rafts from the requirement for carriage 

13 of an additional throwable personal flotation device if each 

14 person is required to wear a personal flotation device while 

15 under way and at least 1 rescue throw bag, as typically 

16 used in whitewater rafting, is on board. 

17 SEC. 307. ENSURING MARITIME COVERAGE. 

18 In order to meet all of the mission requirements of 

19 its maritime response program, as the Coast Guard re20 capitalizes assets, it shall ensure continuity of the coverage 

21 currently provided by that program to locations that may 

22 lose assets. 


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1 SEC. 308. DEADLINE FOR COMPLIANCE WITH ALTERNATE 

2 SAFETY COMPLIANCE PROGRAM. 

3 (a) IN GENERAL.—Section 4503(d) of title 46, 

4 United States Code, is amended— 

5 (1) in paragraph (1), by striking ‘‘After Janu6 ary 1, 2020,’’ and all that follows through ‘‘the Sec7 retary, if’’ and inserting ‘‘Subject to paragraph (3), 

8 beginning on the date that is 3 years after the date 

9 that the Secretary prescribes an alternate safety 

10 compliance program, a fishing vessel, fish processing 

11 vessel, or fish tender vessel to which section 4502(b) 

12 of this title applies shall comply with the alternate 

13 safety compliance program if’’; 

14 (2) in paragraph (2), by striking ‘‘establishes 

15 standards for an alternate safety compliance pro16 gram, shall comply with such an alternative safety 

17 compliance program that is developed in cooperation 

18 with the commercial fishing industry and prescribed 

19 by the Secretary’’ and inserting ‘‘prescribes an alter20 nate safety compliance program under paragraph 

21 (1), shall comply with the alternate safety compli22 ance program’’; and 

23 (3) by amending paragraph (3) to read as fol24 lows: 


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1 ‘‘(3) For purposes of paragraph (1), a separate 

2 alternate safety compliance program may be devel3 oped for a specific region or specific fishery.’’. 

4 (b) FINAL RULE.—Not later than 1 year after the 

5 date of enactment of this Act, the Secretary of the depart6 ment in which the Coast Guard is operating shall issue 

7 a final rule implementing the alternate safety compliance 

8 programs under section 4503 of title 46, United States 

9 Code, as amended by subsection (a) of this section. 

10 SEC. 309. FISHING, FISH TENDER, AND FISH PROCESSING 

11 VESSEL CERTIFICATION. 

12 (a) NONAPPLICATION.—Section 4503(c)(2)(A) of 

13 title 46, United States Code, is amended by striking ‘‘79’’ 

14 and inserting ‘‘180’’. 

15 (b) DETERMINING WHEN KEEL IS LAID.—Section 

16 4503 of title 46, United States Code, is amended— 

17 (1) by redesignating subsection (g) as sub18 section (h); and 

19 (2) by inserting after subsection (f) the fol20 lowing: 

21 ‘‘(g) For purposes of this section, a keel is laid when 

22 a structure, adequate of serving as a keel for a vessel 

23 greater than 79 feet in length is identified for use in the 

24 construction of a specific vessel and is so affirmed by a 

25 marine surveyor.’’. 


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1 SEC. 310. TERMINATION OF UNSAFE OPERATIONS; TECH2 NICAL AMENDMENT. 

3 Section 4505 of title 46, United States Code, is 

4 amended by striking ‘‘4503(1)’’ and inserting 

5 ‘‘4503(a)(1)’’. 

6 SEC. 311. INSTALLATION AND USE OF ENGINE CUT-OFF 

7 SWITCHES ON RECREATIONAL VESSEL. 

8 (a) USE OF ENGINE CUT-OFF SWITCH LINKS.— 

9 (1) REQUIREMENT.—The Secretary of the de10 partment in which the Coast Guard is operating 

11 shall revised the regulations under part 175 of title 

12 33, Code of Federal Regulations, to prohibit a per13 son from operating a recreational vessel 25 feet or 

14 less in length unless— 

15 (A) the person is wearing an engine cut-off 

16 switch link while operating on plane or above 

17 displacement speed; and 

18 (B) the engine cut-off switch is factory 

19 equipped on the primary propulsion machinery. 

20 (2) EXCEPTIONS.—The requirement under 

21 paragraph (1) shall not apply to the following: 

22 (A) A vessel 25 feet or less in length whose 

23 main helm is installed within an enclosed cabin 

24 that would protect an operator from being 

25 thrown overboard should the operator be dis26 placed from the helm. 


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1 (B) A vessel with propulsion machinery de2 veloping static thrust of less than 115 pounds 

3 or 3 horsepower. 

4 (C) A vessel without factory equipped en5 gine cut-off switches. 

6 (b) INSTALLATION OF ENGINE CUT-OFF SWITCH7 ES.—The Secretary of the department in which the Coast 

8 Guard is operating shall revise the regulations under part 

9 183 of title 33, Code of Federal Regulations, to require 

10 an equipment manufacturer, distributor, or dealer that in11 stalls propulsion machinery and associate starting controls 

12 on a recreational vessel 25 feet or less in length and capa13 ble of developing at least 115 pounds of static thrust to 

14 install an engine cut-off switch on such recreational vessel 

15 in accordance with the American Boat and Yacht Stand16 ard A–33, as amended. 

17 (c) PENALTY.—A person that violates a regulation 

18 promulgated under subsection (a)(1) of this section shall 

19 be subject to a civil penalty under section 4311 of title 

20 46, United States Code, not to exceed— 

21 (1) $100 for the first offense; 

22 (2) $250 for the second offense; and 

23 (3) $500 for any subsequent offense. 

24 (d) PREEMPTION.—In accordance with section 4306 

25 of title 46, United States Code, a State may not establish, 


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1 continue in effect, or enforce any law or regulation ad2 dressing engine cut-off switch requirements that is not 

3 identical to a regulation prescribed under this section. 

4 (e) DEFINITIONS.—In this section: 

5 (1) ENGINE CUT-OFF SWITCH.—The term ‘‘en6 gine cut-off switch’’ means a mechanical or elec7 tronic device that is connected to propulsion machin8 ery that will stop propulsion if— 

9 (A) the switch is not properly connected; 

10 or 

11 (B) the switch components are submerged 

12 in water or separated from the switch by a pre13 determined distance. 

14 (2) ENGINE CUT-OFF SWITCH LINK.—The term 

15 ‘‘engine cut-off switch link’’ means the equipment 

16 attached to the recreational vessel operator and 

17 which activates the engine cut-off switch. 

18 (f) EFFECTIVE DATES.—A regulation prescribed 

19 under this section shall specify an effective date that is 

20 not earlier than 1 year from the date the regulation was 

21 published. 

22 SEC. 312. VISUAL DISTRESS SIGNALS AND ALTERNATIVE 

23 USE. 

24 (a) IN GENERAL.—The Secretary of the department 

25 in which the Coast Guard is operating shall develop a perVerDate Sep 11 2014 22:27 Jun 05, 2017 Jkt 069200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6401 E:\BILLS\S1129.RS S1129

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1 formance standard for the alternative use and possession 

2 of visual distress signals as mandated by carriage require3 ments for recreational boats in subpart C of part 175 of 

4 title 33, Code of Federal Regulations. 

5 (b) REGULATIONS.—Not later than 180 days after 

6 the performance standard for alternative use and posses7 sion of a visual distress signal is finalized, the Secretary 

8 shall revise part 175 of title 33, Code of Federal Regula9 tions, to allow for carriage of such alternative signal de10 vices. 

11 (c) EPIRBS AND PLBS.—In revising the regulations 

12 under subsection (b), the Secretary shall allow use of a 

13 position indicating radio beacons (EPIRBs) or Personal 

14 Locating Devices (PLBs) of 406 megahertz, operating on 

15 the COSPAS–SARSAT system to meet the alternative 

16 carriage requirements for recreational boats under subpart 

17 C of part 175 of title 33, Code of Federal Regulations. 

18 SEC. 313. RENEWAL PERIOD FOR DOCUMENTED REC19 REATIONAL VESSELS. 

20 (a) IN GENERAL.—Not later than 2 years after the 

21 date of the enactment of this Act, the Secretary of the 

22 department in which the Coast Guard is operating shall 

23 issue certificates of documentation for recreational vessels 

24 effective for 5 years and charge a nonrefundable fee of 

25 $130 per issuance. 


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1 (b) FEES.—All fees collected from recreational vessel 

2 owners under subsection (a) shall be available to fund rec3 reational vessel documentation costs until expended. 

4 SEC. 314. EXCEPTION FROM SURVIVAL CRAFT REQUIRE5 MENTS. 

6 Section 3104 of title 46, United States Code, is 

7 amended— 

8 (1) by redesignating subsection (d) as sub9 section (e); and 

10 (2) by inserting after subsection (c) the fol11 lowing: 

12 ‘‘(d) AUXILIARY CRAFT.— 

13 ‘‘(1) EXCEPTION.—Subject to paragraph (2), 

14 this section shall not apply to a vessel carrying an 

15 auxiliary craft on board, except an inflatable liferaft, 

16 if the auxiliary craft— 

17 ‘‘(A) is readily accessible during an emer18 gency; and 

19 ‘‘(B) is capable of safely holding all indi20 viduals on board the vessel. 

21 ‘‘(2) REQUIREMENT.—A vessel described in 

22 paragraph (1) may not exceed the rated capacity on 

23 the capacity plate of the auxiliary craft if the auxil24 iary craft is equipped with a Coast Guard required 

25 capacity plate.’’. 


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1 SEC. 315. INLAND WATERWAY AND RIVER TENDER ACQUISI2 TION PLAN. 

3 (a) ACQUISITION PLAN.—Not later than 545 days 

4 after the date of enactment of this Act, the Commandant 

5 of the Coast Guard shall submit to the Committee on 

6 Commerce, Science, and Transportation of the Senate and 

7 the Committee on Transportation and Infrastructure of 

8 the House of Representatives a plan to replace the aging 

9 fleet of inland waterway and river tenders. 

10 (b) CONTENTS.—The plan described in subsection (a) 

11 shall include— 

12 (1) a schedule for the acquisition to begin; 

13 (2) the date the first vessel will be delivered; 

14 (3) the date the acquisition will be complete; 

15 (4) a description of the order and location of re16 placements; 

17 (5) an estimate of the cost per vessel and for 

18 total acquisition program of record; and 

19 (6) an analysis of whether existing vessels can 

20 be used. 

21 SEC. 316. ARCTIC PLANNING CRITERIA. 

22 (a) IN GENERAL.—Not later than 180 days after the 

23 date of enactment of this Act, the Commandant of the 

24 Coast Guard shall submit to the Committee on Commerce, 

25 Science, and Transportation of the Senate and the Com26 mittee on Transportation and Infrastructure of the House 


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1 of Representatives a report on the oil spill prevention and 

2 response capabilities for the area covered by the Captain 

3 of the Port Zone that includes the Arctic. 

4 (b) CONTENTS.—The report shall include the fol5 lowing: 

6 (1) Levels of equipment and assets. 

7 (2) Location the equipment and assets that are 

8 to be deployed, including an estimate of the time to 

9 deploy the equipment and assets. 

10 (3) A determination on the degree of how effec11 tively the assets are distributed throughout the area. 

12 (4) A statement on whether performance of 

13 ability to deploy equipment is taken into account 

14 when measuring the level of equipment available. 

15 (5) Validation of port assessment visit process 

16 and response resource inventory. 

17 (6) A description of the resources need through18 out the Coast Guard to conduct port assessments, 

19 exercises, response plan review and spill responses. 

20 (c) DEFINITION OF ARCTIC.—In this section, the 

21 term ‘‘Arctic’’ has the meaning given the term under sec22 tion 112 of the Arctic Research and Policy Act of 1984 

23 (15 U.S.C. 4111). 


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1 TITLE IV—MARITIME SECURITY 

2 SEC. 401. MARITIME BORDER SECURITY COOPERATION. 

3 The Secretary of the department in which the Coast 

4 Guard is operating shall, in accordance with law— 

5 (1) partner with other Federal, State, and local 

6 government agencies to leverage technology, includ7 ing existing sensor and camera systems and other 

8 sensors, to provide continuous monitoring of the 

9 maritime border; and 

10 (2) enter into such agreements as the Secretary 

11 considers necessary to ensure 24-hour monitoring of 

12 such technology. 

13 SEC. 402. CURRENCY DETECTION CANINE TEAM PROGRAM. 

14 (a) DEFINITIONS.—In this section: 

15 (1) CANINE CURRENCY DETECTION TEAM.— 

16 The term ‘‘canine currency detection team’’ means a 

17 canine and a canine handler that are trained to de18 tect currency. 

19 (2) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the department in which the Coast 

21 Guard is operating. 

22 (b) ESTABLISHMENT.—Not later than 1 year after 

23 the date of enactment of this Act, the Secretary shall es24 tablish a program to allow the use of canine currency de25 tection teams for purposes of Coast Guard maritime law 


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1 enforcement and maritime security operations, including 

2 underway vessel boardings. 

3 (c) OPERATION.—The Secretary may cooperate with, 

4 or enter into an agreement with, the head of another Fed5 eral agency to meet the requirements under subsection (b). 

6 SEC. 403. CONFIDENTIAL INVESTIGATIVE EXPENSES. 

7 Section 658 of title 14, United States Code, is 

8 amended by striking ‘‘$45,000’’ and inserting 

9 ‘‘$250,000’’. 

10 SEC. 404. ARCTIC MARITIME DOMAIN AWARENESS. 

11 (a) IN GENERAL.—The Secretary of the department 

12 in which the Coast Guard is operating shall conduct a 1- 

13 year pilot program to determine the impact of persistent 

14 aircraft-based surveillance on illegal maritime activities in 

15 the Alaskan and Western Pacific regions. 

16 (b) REQUIREMENTS.—The pilot program shall— 

17 (1) use light aircraft-based detection systems 

18 which can identify potential illegal activity from 

19 higher altitudes and produce enforcement-quality 

20 evidence at lower altitudes; and 

21 (2) be directed at detecting and deterring ille22 gal, unreported, and unregulated fishing and en23 hancing maritime domain awareness. 


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1 SEC. 405. STRATEGIC ASSETS IN THE ARCTIC. 

2 (a) DEFINITION OF ARCTIC.—In this section, the 

3 term ‘‘Arctic’’ has the meaning given the term in section 

4 112 of the Arctic Research and Policy Act of 1984 (15 

5 U.S.C. 4111). 

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that— 

8 (1) the Arctic continues to grow in significance 

9 to both the national security interests and the eco10 nomic prosperity of the United States; and 

11 (2) the Coast Guard must ensure it is posi12 tioned to respond to any accident, incident, or threat 

13 with appropriate assets. 

14 (c) REPORT.—Not later than 1 year after the date 

15 of enactment of this Act, the Commandant of the Coast 

16 Guard shall submit to the Committee on Commerce, 

17 Science, and Transportation of the Senate and the Com18 mittee on Transportation and Infrastructure of the House 

19 of Representatives a report on the progress toward imple20 menting the strategic objectives described in the United 

21 States Coast Guard Arctic Strategy dated May 2013. 

22 (d) CONTENTS.—The report under subsection (c) 

23 shall include— 

24 (1) a description of the Coast Guard’s progress 

25 toward each strategic objective; 


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1 (2) plans to provide communications throughout 

2 the entire Coastal Western Alaska Captain of the 

3 Port zone to improve waterway safety and mitigate 

4 close calls, collisions, and other dangerous inter5 actions between the shipping industry and subsist6 ence hunters; 

7 (3) plans to prevent marine casualties, when 

8 possible, by ensuring vessels avoid environmentally 

9 sensitive areas and permanent security zones; 

10 (4) an explanation of— 

11 (A) whether it is feasible to establish a ves12 sel traffic service, using existing resources or 

13 otherwise; and 

14 (B) whether an Arctic Response Center of 

15 Expertise is necessary to address the gaps in 

16 experience, skills, equipment, resources, train17 ing, and doctrine to prepare, respond to, and 

18 recover spilled oil in the Arctic; 

19 (5) an assessment of whether sufficient agree20 ments are in place to ensure the Coast Guard is re21 ceiving the information it needs to carry out its re22 sponsibilities; 

23 (6) an assessment of the assets and infrastruc24 ture necessary to meet the strategic objectives iden25 tified in the United States Coast Guard Arctic 


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1 Strategy dated May 2013 based on factors such 

2 as— 

3 (A) response time; 

4 (B) coverage area; 

5 (C) endurance on scene; 

6 (D) presence; and 

7 (E) deterrence; and 

8 (7) an analysis of National Security Cutters, 

9 Offshore Patrol Cutters, and Fast Response Cutters 

10 capabilities based on the factors described in sub11 paragraphs (A) through (E) of paragraph (6), both 

12 stationed from various Alaska ports and in other lo13 cations. 

14 TITLE V—MISCELLANEOUS 

15 SEC. 501. SHIP SHOAL LIGHTHOUSE TRANSFER; REPEAL. 

16 Section 27 of the Coast Guard Authorization Act of 

17 1991 (Public Law 102–241; 105 Stat. 2218) is repealed. 

18 SEC. 502. ACQUISITION WORKFORCE EXPEDITED HIRING 

19 AUTHORITY. 

20 (a) EXPEDITED HIRING AUTHORITY.— 

21 (1) IN GENERAL.—Chapter 15 of title 14, 

22 United States Code, is amended by inserting after 

23 section 563 the following: 


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1 ‘‘§ 563a. Acquisition workforce expedited hiring au2 thority 

3 ‘‘For purposes of section 3304 of title 5, the Com4 mandant of the Coast Guard may— 

5 ‘‘(1) designate any category of acquisition posi6 tions within the Coast Guard as shortage category 

7 positions; and 

8 ‘‘(2) use the authorities in such section to re9 cruit and appoint highly qualified persons directly to 

10 positions so designated.’’. 

11 (2) TABLE OF CONTENTS.—The table of con12 tents of chapter 15 of title 14, United States Code, 

13 is amended by inserting after the item relating to 

14 section 563 the following: 

‘‘563a. Acquisition workforce expedited hiring authority.’’. 

15 (3) REPEAL.—Section 404 of the Coast Guard 

16 Authorization Act of 2010 (Public Law 111–281; 

17 124 Stat. 2950) is repealed. 

18 (b) ACQUISITION WORKFORCE REEMPLOYMENT AU19 THORITY.— 

20 (1) IN GENERAL.—Chapter 15 of title 14, as 

21 amended by subsection (a) of this section, is further 

22 amended by inserting after section 563a the fol23 lowing: 


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1 ‘‘§ 563b. Acquisition workforce reemployment author2 ity 

3 ‘‘(a) IN GENERAL.—Except as provided in subsection 

4 (b), if an annuitant receiving an annuity from the Civil 

5 Service Retirement and Disability Fund becomes em6 ployed in any category of acquisition positions designated 

7 by the Commandant of the Coast Guard under section 

8 563a of this title, the annuity of an annuitant so employed 

9 shall continue. An annuitant so reemployed shall not be 

10 considered an employee for purposes of subchapter III of 

11 chapter 83 or chapter 84 of title 5. 

12 ‘‘(b)(1) ELECTION.—An annuitant retired under sec13 tion 8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an 

14 annuity from the Civil Service Retirement and Disability 

15 Fund, who becomes employed in a position within the 

16 Coast Guard after the date of enactment of the Coast 

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

18 to section 8344 or 8468 of such title (as the case may 

19 be). 

20 ‘‘(A) DEADLINE.—An election for coverage 

21 under this subsection shall be filed not later than 90 

22 days after the Commandant takes reasonable actions 

23 to notify employees who may file an election. 

24 ‘‘(B) COVERAGE.—If an employee files an elec25 tion under this subsection, coverage shall be effective 

26 beginning on the first day of the first applicable pay 


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1 period beginning on or after the date of the filing of 

2 the election. 

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

4 individual who is eligible to file an election under subpara5 graph (A) and does not file a timely election under sub6 paragraph (B).’’. 

7 (2) TABLE OF CONTENTS.—The table of con8 tents of chapter 15 of title 14, United States Code, 

9 as amended in subsection (a) of this section, is fur10 ther amended by inserting after the item relating to 

11 section 563a the following: 

‘‘563b. Acquisition workforce reemployment authority.’’. 

12 SEC. 503. DRAWBRIDGES. 

13 (a) PURPOSES.—The purposes of this section are— 

14 (1) to ensure the public is made aware of any 

15 temporary change to a drawbridge operating sched16 ule; and 

17 (2) to ensure the operators are maintaining logs 

18 of drawbridge movement. 

19 (b) TEMPORARY CHANGES TO DRAWBRIDGE OPER20 ATING SCHEDULES.—Section 5 of the Act entitled ‘‘An 

21 Act making appropriations for the construction, repair, 

22 and preservation of certain public works on rivers and har23 bors, and for other purposes’’, approved August 18, 1894 

24 (33 U.S.C. 499), is amended by adding at the end the 

25 following— 


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1 ‘‘(d) TEMPORARY CHANGES TO DRAWBRIDGE OPER2 ATING SCHEDULES.—Notwithstanding section 553 of title 

3 5, United States Code, whenever a temporary change to 

4 the operating schedule of a drawbridge, lasting 180 days 

5 or less, is approved— 

6 ‘‘(1) the Secretary of the department in which 

7 the Coast Guard is operating shall— 

8 ‘‘(A) issue a deviation approval letter to 

9 the bridge owner; 

10 ‘‘(B) publish a notice of the temporary de11 viation from the regulations in the Federal Reg12 ister; and 

13 ‘‘(C) announce the temporary change in— 

14 ‘‘(i) the Local Notice to Mariners; 

15 ‘‘(ii) broadcast notices to mariners 

16 through the Coast Guard radio station or 

17 Navy radio station, or both; or 

18 ‘‘(iii) such other local media as the 

19 Secretary considers appropriate; and 

20 ‘‘(2) the bridge owner, except a railroad bridge 

21 owner, shall notify— 

22 ‘‘(A) the public by publishing notice of the 

23 temporary change in a newspaper of general 

24 circulation published in the place where the 

25 bridge is located; 


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1 ‘‘(B) the department, agency, or office of 

2 transportation with jurisdiction over the road3 way that abuts the approaches to the bridge; 

4 and 

5 ‘‘(C) the law enforcement organization 

6 with jurisdiction over the roadway that abuts 

7 the approaches to the bridge. 

8 ‘‘(e) DRAWBRIDGE MOVEMENTS.—The Secretary of 

9 the department in which the Coast Guard is operating— 

10 ‘‘(1) shall require a drawbridge operator to 

11 record each movement of the drawbridge in a log; 

12 ‘‘(2) may inspect the log to ensure drawbridge 

13 movement is in accordance with the posted operating 

14 schedule; and 

15 ‘‘(3) may determine if the operating schedule 

16 should be adjusted for efficiency.’’. 

17 SEC. 504. INCENTIVE CONTRACT; COAST GUARD YARD AND 

18 INDUSTRIAL ESTABLISHMENTS. 

19 (a) IN GENERAL.—Whenever the parties to a project 

20 order for industrial work to be performed by the Coast 

21 Guard Yard or a designated Coast Guard industrial estab22 lishment agree that delivery or technical performance of 

23 the wage-grade industrial employees may, during the term 

24 of such project order, improve, the parties to such project 

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1 cluding any provision of law that provides for the time 

2 or purpose of appropriated funds, enter into an incentive 

3 project order or a cost-plus-incentive-fee project order by 

4 which an agreed upon amount of the adjustment to be 

5 made pursuant to section 648(a) of title 14, United States 

6 Code, may, notwithstanding that provision of law or any 

7 other provision of law, be distributed as an incentive to 

8 the wage-grade industrial employees who completed the 

9 project order. 

10 (b) CONDITION.—Before entering into an incentive 

11 project order or a cost-plus-incentive-fee project order, the 

12 commanding officer of the Coast Guard Yard or the com13 manding officer of the Coast Guard industrial establish14 ment, as the case may be, shall complete a determination 

15 and finding for such incentive project order or cost-plus16 incentive-fee project order that justifies the use of such 

17 project order as in the best interest of the Federal Govern18 ment. 

19 (c) TREATMENT OF INCENTIVE AWARD.—Notwith20 standing any other provision of law, in the event that the 

21 industrial workforce of the Coast Guard Yard or a Coast 

22 Guard industrial establishment satisfies the performance 

23 target set out in an incentive project order or a cost-plus24 incentive-fee project order— 


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1 (1) the adjustment to be made pursuant to sec2 tion 648(a) of title 14, United States Code, shall, 

3 notwithstanding that provision of law, be reduced by 

4 the agreed amount and distributed as an incentive to 

5 such wage-grade industrial employees; and 

6 (2) the remainder of the adjustment shall be 

7 credited to the appropriation current at that time. 

8 SEC. 505. COAST GUARD HEALTH-CARE PROFESSIONALS; 

9 LICENSURE PORTABILITY. 

10 (a) IN GENERAL.—Section 1094(d)(1) of title 10, 

11 United States Code, shall apply in the same manner and 

12 to the same degree as such section applies to a health13 care professional described in subsection (d)(2) of that 

14 section to a health-care professional described in sub15 section (b) of this section. 

16 (b) HEALTH-CARE PROFESSIONAL.—A health-care 

17 professional described in this subsection is a member of 

18 the Coast Guard, civilian employee of the Coast Guard, 

19 member of the Public Health Service assigned to the Coast 

20 Guard, personal services contractor under section 1091 of 

21 title 10, United States Code, or other health-care profes22 sional credentialed and privileged at a Federal health care 

23 institution or location specially designated by the Sec24 retary of the department in which the Coast Guard is op25 erating for this purpose who— 


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1 (1) has a current license to practice medicine, 

2 osteopathic medicine, dentistry, or another health 

3 profession; and 

4 (2) is performing authorized duties for the 

5 Coast Guard. 

6 SEC. 506. LAND EXCHANGE; AYAKULIK ISLAND, ALASKA. 

7 (a) LAND EXCHANGE; AYAKULIK ISLAND, ALAS8 KA.—If the owner of Ayakulik Island, Alaska, offers to 

9 exchange the Island for the Tract— 

10 (1) within 30 days after receiving such offer, 

11 the Secretary shall provide notice of the offer to the 

12 Commandant; 

13 (2) within 30 days after receiving the notice 

14 under paragraph (1), the Commandant shall develop 

15 and transmit to the Secretary proposed operational 

16 restrictions on commercial activity conducted on the 

17 Tract, including the right of the Commandant to— 

18 (A) order the immediate termination, for a 

19 period of up to 72 hours, of any activity occur20 ring on or from the Tract that violates or 

21 threatens to violate 1 or more of such restric22 tions; or 

23 (B) commence a civil action for appro24 priate relief, including a permanent or temVerDate Sep 11 2014 22:27 Jun 05, 2017 Jkt 069200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6401 E:\BILLS\S1129.RS S1129

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1 porary injunction enjoining the activity that vio2 lates or threatens to violate such restrictions; 

3 (3) within 30 days after receiving the proposed 

4 operational restrictions from the Commandant, the 

5 Secretary shall transmit such restrictions to the 

6 owner of Ayakulik Island; and 

7 (4) within 30 days after transmitting the pro8 posed operational restrictions to the owner of 

9 Ayakulik Island, and if the owner agrees to such re10 strictions, the Secretary shall convey all right, title, 

11 and interest of the United States in and to the 

12 Tract to the owner, subject to an easement granted 

13 to the Commandant to enforce such restrictions, in 

14 exchange for all right, title, and interest of such 

15 owner in and to Ayakulik Island. 

16 (b) BOUNDARY REVISIONS.—The Secretary may 

17 make technical and conforming revisions to the boundaries 

18 of the Tract before the date of the exchange. 

19 (c) PUBLIC LAND ORDER.—Effective on the date of 

20 an exchange under subsection (a), Public Land Order 

21 5550 shall have no force or effect with respect to sub22 merged lands that are part of the Tract. 

23 (d) FAILURE TO TIMELY RESPOND TO NOTICE.—If 

24 the Commandant does not transmit proposed operational 

25 restrictions to the Secretary within 30 days after receiving 


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1 the notice under subsection (a)(1), the Secretary shall, by 

2 not later than 60 days after transmitting such notice, con3 vey all right, title, and interest of the United States in 

4 and to the Tract to the owner of Ayakulik Island in ex5 change for all right, title, and interest of such owner in 

6 and to Ayakulik Island. 

7 (e) CERCLA NOT AFFECTED.—This section and an 

8 exchange under this section shall not be construed to limit 

9 the application of or otherwise affect section 120(h) of the 

10 Comprehensive Environmental Response, Compensation, 

11 and Liability Act of 1980 (42 U.S.C. 9620(h)). 

12 (f) DEFINITIONS.—In this section: 

13 (1) COMMANDANT.—The term ‘‘Commandant’’ 

14 means the Secretary of the department in which the 

15 Coast Guard is operating, acting through the Com16 mandant of the Coast Guard. 

17 (2) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

19 (3) TRACT.—The term ‘‘Tract’’ means the land 

20 (including submerged land) depicted as ‘‘PRO21 POSED PROPERTY EXCHANGE AREA’’ on the 

22 survey titled ‘‘PROPOSED PROPERTY EX23 CHANGE PARCEL’’ and dated March 22, 2017. 


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1 SEC. 507. ABANDONED SEAFARERS FUND AMENDMENTS. 

2 Section 11113 of title 46, United States Code, is 

3 amended— 

4 (1) in subsection (a)(2), by striking ‘‘may be 

5 appropriated to the Secretary’’ in the matter before 

6 subparagraph (A) and inserting ‘‘shall be available 

7 to the Secretary without further appropriation, and 

8 shall remain available until expended,’’; and 

9 (2) in subsection (c)— 

10 (A) in paragraph (1), by inserting ‘‘plus a 

11 surcharge of 25 percent of such total amount,’’ 

12 after ‘‘seafarer,’’ in the matter preceding sub13 paragraph (A); and 

14 (B) by striking paragraph (4). 

15 SEC. 508. ASSISTANCE FOR SMALL SHIPYARDS. 

16 (a) IN GENERAL.—Section 54101 of title 46, United 

17 States Code, is amended— 

18 (1) in the heading, by striking ‘‘and mari19 time communities’’; 

20 (2) in subsection (a)(2), by striking ‘‘in commu21 nities’’ and all that follows through the period and 

22 inserting ‘‘relating to shipbuilding, ship repair, and 

23 associated industries.’’; 

24 (3) by amending subsection (b)(1) to read as 

25 follows: 

26 ‘‘(1) consider projects that foster— 


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1 ‘‘(A) efficiency, competitive operations, and 

2 quality ship construction, repair, and reconfig3 uration; and 

4 ‘‘(B) employee skills and enhancing pro5 ductivity related to shipbuilding, ship repair, 

6 and associated industries; and’’; 

7 (4) in subsection (c)(1), by striking subpara8 graphs (A), (B), and (C) and inserting the following: 

9 ‘‘(A) to make capital and related improve10 ments in small shipyards; and 

11 ‘‘(B) to provide training for workers in 

12 shipbuilding, ship repair, and associated indus13 tries.’’; 

14 (5) in subsection (d), by striking ‘‘unless’’ and 

15 all that follows and inserting a period; 

16 (6) in subsection (e)— 

17 (A) by striking paragraph (2); and 

18 (B) by redesignating paragraph (3) as 

19 paragraph (2); and 

20 (7) in subsection (i), by striking ‘‘for each of 

21 fiscal years 2015 through 2017’’ and all that follows 

22 and inserting ‘‘to carry out this section $5,000,000 

23 for each of fiscal years 2018 and 2019.’’. 

24 (b) TECHNICAL AMENDMENT.—Section 54101(f)(2) 

25 is amended by striking ‘‘shall include’’ and all that follows 


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1 and inserting: ‘‘shall include a comprehensive description 

2 of— 

3 ‘‘(1) the need for the project; 

4 ‘‘(2) the methodology for implementing the 

5 project; and 

6 ‘‘(3) any existing programs or arrangements 

7 that can be used to supplement or leverage assist8 ance under the program.’’. 

9 (c) SAVINGS CLAUSE.—Nothing in this section, or 

10 the amendments made by this section, shall affect an 

11 agreement to provide assistance under section 54101 of 

12 title 46, United States Code, that was executed before Oc13 tober 1, 2017. Such an agreement shall continue to be 

14 subject to the requirements to which such agreement was 

15 subject under section 54101 of that title as in effect on 

16 the day before October 1, 2017. 

17 SEC. 509. SMALL SHIPYARD CONTRACTS. 

18 (a) IN GENERAL.—Chapter 17 of title 14, United 

19 States Code, is amended by inserting after section 667 the 

20 following: 

21 ‘‘§ 667a. Construction of Coast Guard vessels and as22 signment of vessel projects 

23 ‘‘The assignment of Coast Guard vessel conversion, 

24 alteration, and repair projects shall be based on economic 

25 and military considerations and may not be restricted by 


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1 a requirement that certain parts of Coast Guard shipwork 

2 be assigned to a particular type of shipyard or geo3 graphical area or by a similar requirement.’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 chapter 17 of title 14, United States Code, is amended 

6 by inserting after the item relating to section 667 the fol7 lowing: 

‘‘667a. Construction of Coast Guard vessels and assignment of vessel projects.’’. 

8 SEC. 510. WESTERN CHALLENGER; CERTIFICATE OF DOCU9 MENTATION. 

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

11 Maritime Transportation Act of 2014 (Public Law 113– 

12 281; 128 Stat. 3062) is amended by inserting ‘‘and a fish13 eries endorsement’’ after ‘‘endorsement’’. 

14 TITLE VI—DEPARTMENT OF 

15 COMMERCE VESSELS 

16 SEC. 601. WAIVERS FOR CERTAIN CONTRACTS. 

17 Section 3134 of title 40, United States Code, is 

18 amended— 

19 (1) by inserting ‘‘Secretary of Homeland Secu20 rity,’’ after ‘‘Air Force,’’ each place it appears; and 

21 (2) by adding at the end the following: 

22 ‘‘(c) COMMERCE.—The Secretary of Commerce may 

23 waive this subchapter with respect to contracts for the 

24 construction, alteration, or repair of vessels, regardless of 

25 the terms of the contracts as to payment or title, when 


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1 the contract is made under the Act entitled ‘An Act to 

2 define the functions and duties of the Coast and Geodetic 

3 Survey, and for other purposes’, approved August 6, 1947 

4 (33 U.S.C. 883a et seq.).’’. 

5 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

6 (a) SHORT TITLE.—This Act may be cited as the 

7 ‘‘Coast Guard Authorization Act of 2017’’. 

8 (b) TABLE OF CONTENTS.—The table of contents of this 

9 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Effective dates. 

TITLE I—AUTHORIZATIONS 

Sec. 101. Authorization of appropriations. 

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

TITLE II—COAST GUARD 

Sec. 201. Primary duties. 

Sec. 202. Training; emergency response providers. 

Sec. 203. Commissioned service retirement. 

Sec. 204. Officer promotion zones. 

Sec. 205. Officer evaluation report. 

Sec. 206. Retired pay; amounts for payments in connection with modernized retirement system. 

Sec. 207. Inclusion of vessel for investigation purposes. 

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

Sec. 209. Aviation cadets; appointment as Reserve officers; cross reference. 

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

Sec. 211. Multiyear contracts. 

Sec. 212. Coast Guard ROTC Program. 

Sec. 213. National Coast Guard Museum. 

Sec. 214. Polar icebreakers. 

Sec. 215. Great Lakes icebreaker acquisition. 

TITLE III—MARINE SAFETY 

Sec. 301. Coast Guard advisory committees. 

Sec. 302. Clarification of logbook and entry requirements. 

Sec. 303. Technical amendments; licenses, certifications of registry, and merchant 

mariner documents. 

Sec. 304. Numbering for undocumented barges. 

Sec. 305. Equipment requirements; exemption from throwable personal flotation 

devices. 

Sec. 306. Ensuring maritime coverage. 


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

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

Sec. 309. Termination of unsafe operations; technical amendment. 

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

Sec. 311. Visual distress signals and alternative use. 

Sec. 312. Renewal period for documented recreational vessels. 

Sec. 313. Exception from survival craft requirements. 

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

plan. 

Sec. 315. Arctic planning criteria. 

Sec. 316. Fishing safety grant programs. 

Sec. 317. Safety standards. 

Sec. 318. Commercial fishing vessel safety outreach strategy. 

TITLE IV—MARITIME SECURITY 

Sec. 401. Maritime border security cooperation. 

Sec. 402. Currency detection canine team program. 

Sec. 403. Confidential investigative expenses. 

Sec. 404. Monitoring of illegal, unreported, and unregulated fishing. 

Sec. 405. Strategic assets in the Arctic. 

Sec. 406. Fleet requirements assessment and strategy. 

Sec. 407. Comptroller General report on certain task forces. 

TITLE V—MISCELLANEOUS 

Sec. 501. Ship shoal lighthouse transfer; repeal. 

Sec. 502. Acquisition workforce expedited hiring authority. 

Sec. 503. Drawbridges. 

Sec. 504. Incentive contract; Coast Guard yard and industrial establishments. 

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

Sec. 506. Land exchange; Ayakulik Island, Alaska. 

Sec. 507. Abandoned seafarers fund amendments. 

Sec. 508. Small shipyard contracts. 

Sec. 509. Western challenger; certificate of documentation. 

Sec. 510. Radar refresher training. 

Sec. 511. Vessel response plan audit. 

Sec. 512. Center of Expertise for Great Lakes Oil Spill Research and Response. 

TITLE VI—DEPARTMENT OF COMMERCE VESSELS 

Sec. 601. Waivers for certain contracts. 

TITLE VII—FEDERAL MARITIME COMMISSION AUTHORIZATION ACT 

OF 2017 

Sec. 701. Short title. 

Sec. 702. Authorization of appropriations. 

Sec. 703. Record of meetings and votes. 

Sec. 704. Public participation. 

Sec. 705. Preventing deceptive practices. 

Sec. 706. Reports filed with the Commission. 

Sec. 707. Transparency. 

Sec. 708. Treatment of tug operators. 

Sec. 709. Prohibitions and penalties. 


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TITLE VIII—VESSEL INCIDENTAL DISCHARGE ACT 

Sec. 801. Short title. 

Sec. 802. Definitions. 

Sec. 803. Existing ballast water regulations. 

Sec. 804. Ballast water discharge requirements. 

Sec. 805. Review of ballast water discharge standard. 

Sec. 806. Alternative compliance program. 

Sec. 807. Reception facilities. 

Sec. 808. Requirements for discharges incidental to the normal operation of a 

commercial vessel. 

Sec. 809. Judicial review. 

Sec. 810. State enforcement. 

Sec. 811. Effect on State authority. 

Sec. 812. Effect on other laws. 

TITLE IX—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS AMENDMENTS AND HYDROGRAPHIC SERVICES IMPROVEMENT ACT REAUTHORIZATION AND 

AMENDMENTS ACT OF 2017 

Sec. 901. Short title. 

Sec. 902. References to National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002. 

Subtitle A—General Provisions 

Sec. 911. Strength and distribution in grade. 

Sec. 912. Recalled officers. 

Sec. 913. Obligated service requirement. 

Sec. 914. Training and physical fitness. 

Sec. 915. Recruiting materials. 

Sec. 916. Technical correction. 

Subtitle B—Parity and Recruitment 

Sec. 921. Education loans. 

Sec. 922. Interest payments. 

Sec. 923. Student pre-commissioning program. 

Sec. 924. Limitation on educational assistance. 

Sec. 925. Applicability of certain provisions of title 10, United States Code, and 

extension of certain authorities applicable to members of the 

Armed Forces to commissioned officer corps. 

Sec. 926. Applicability of certain provisions of title 37, United States Code. 

Sec. 927. Legion of Merit award. 

Sec. 928. Prohibition on retaliatory personnel actions. 

Sec. 929. Penalties for wearing uniform without authority. 

Sec. 930. Application of certain provisions of competitive service law. 

Sec. 931. Employment and reemployment rights. 

Sec. 932. Treatment of commission in commissioned officer corps for purposes of 

certain hiring decisions. 

Sec. 933. Direct hire authority. 

Subtitle C—Appointments and Promotion of Officers 

Sec. 941. Appointments. 

Sec. 942. Personnel boards. 


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Sec. 943. Delegation of authority. 

Sec. 944. Assistant Administrator of the Office of Marine and Aviation Operations. 

Sec. 945. Temporary appointments. 

Sec. 946. Officer candidates. 

Sec. 947. Procurement of personnel. 

Subtitle D—Separation and Retirement of Officers 

Sec. 951. Involuntary retirement or separation. 

Sec. 952. Separation pay. 

Subtitle E—Hydrographic Services and Other Matters 

Sec. 961. Reauthorization of Hydrographic Services Improvement Act of 1998. 

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

surveys. 

Sec. 963. Homeport of certain research vessels. 

1 SEC. 2. EFFECTIVE DATES. 

2 (a) IN GENERAL.—Except as otherwise specifically 

3 provided in this Act, this Act and the amendments made 

4 by this Act shall take effect on the date of enactment of this 

5 Act. 

6 (b) CERTAIN DELAYED EFFECTIVE DATES.—The 

7 amendments made by sections 101, 102, 403, and 702 shall 

8 take effect on October 1, 2017, or the date of enactment of 

9 this Act, whichever is later. The amendments made by sec10 tion 206 shall take effect on January 1, 2018. 

11 TITLE I—AUTHORIZATIONS 

12 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 2702 of title 14, United States Code, is amend14 ed to read as follows: 


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1 ‘‘§ 2702. Authorization of appropriations 

2 ‘‘Funds are authorized to be appropriated for each of 

3 fiscal years 2018 and 2019 for necessary expenses of the 

4 Coast Guard as follows: 

5 ‘‘(1) For the operation and maintenance of the 

6 Coast Guard, not otherwise provided for— 

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

8 and 

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

10 ‘‘(2) For the acquisition, construction, renova11 tion, and improvement of aids to navigation, shore 

12 and offshore facilities, vessels, and aircraft, including 

13 equipment related thereto, and for maintenance, reha14 bilitation, lease, and operation of facilities and equip15 ment— 

16 ‘‘(A) $1,985,845,000 for fiscal year 2018, to 

17 remain available through September 30, 2022; 

18 and 

19 ‘‘(B) $2,027,547,745 for fiscal year 2019, to 

20 remain available through September 30, 2023. 

21 ‘‘(3) For the Coast Guard Reserve program, in22 cluding operations and maintenance of the program, 

23 personnel and training costs, equipment, and serv24 ices— 

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

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


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1 ‘‘(4) For the environmental compliance and res2 toration of the Coast Guard under chapter 19 of this 

3 title— 

4 ‘‘(A) $17,051,721 for fiscal year 2018, to re5 main available through September 30, 2022; and 

6 ‘‘(B) $17,409,807 for fiscal year 2019, to re7 main available through September 20, 2023. 

8 ‘‘(5) To the Commandant of the Coast Guard for 

9 research, development, test, and evaluation of tech10 nologies, materials, and human factors directly re11 lated to improving the performance of the Coast 

12 Guard’s mission with respect to search and rescue, 

13 aids to navigation, marine safety, marine environ14 mental protection, enforcement of laws and treaties, 

15 ice operations, oceanographic research, and defense 

16 readiness, and for maintenance, rehabilitation, lease, 

17 and operation of facilities and equipment— 

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

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

20 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

21 AND TRAINING. 

22 Section 2704 of title 14, United States Code, is amend23 ed to read as follows: 


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1 ‘‘§ 2704. Authorized levels of military strength and 

2 training 

3 ‘‘(a) ACTIVE DUTY STRENGTH.—The Coast Guard is 

4 authorized an end-of-year strength for active duty personnel 

5 of 43,000 for each of fiscal years 2018 and 2019. 

6 ‘‘(b) MILITARY TRAINING STUDENT LOADS.—The 

7 Coast Guard is authorized average military training stu8 dent loads for each of fiscal years 2018 and 2019 as follows: 

9 ‘‘(1) For recruit and special training, 2,500 stu10 dent years. 

11 ‘‘(2) For flight training, 165 student years. 

12 ‘‘(3) For professional training in military and 

13 civilian institutions, 350 student years. 

14 ‘‘(4) For officer acquisition, 1,200 student 

15 years.’’. 

16 TITLE II—COAST GUARD 

17 SEC. 201. PRIMARY DUTIES. 

18 Section 2(7) of title 14, United States Code, is amend19 ed by striking ‘‘including the fulfillment of Maritime De20 fense Zone command responsibilities’’ and inserting ‘‘and 

21 at all times assist in the defense of the United States’’. 

22 SEC. 202. TRAINING; EMERGENCY RESPONSE PROVIDERS. 

23 (a) IN GENERAL.—Chapter 7 of title 14, United States 

24 Code, is amended by inserting after section 141 the fol25 lowing: 


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1 ‘‘§ 141a. Training; emergency response providers 

2 ‘‘(a) IN GENERAL.—The Commandant (or the Com3 mandant’s designee) may, on a reimbursable or a nonreim4 bursable basis, make training available to public safety per5 sonnel whenever the Commandant (or the Commandant’s 

6 designee) determines that— 

7 ‘‘(1) a member of the Coast Guard, who was 

8 scheduled to participate in such training, is unable or 

9 unavailable to participate in such training; 

10 ‘‘(2) no other member of the Coast Guard, who 

11 is assigned to the unit to which the member of the 

12 Coast Guard described in paragraph (1), is able or 

13 available to participate in such training; and 

14 ‘‘(3) such training, if made available to public 

15 safety personnel, would further the goal of interoper16 ability among Federal agencies, non-Federal govern17 mental agencies, or both. 

18 ‘‘(b) DEFINITION OF EMERGENCY RESPONSE PRO19 VIDER.—In this section, the term ‘emergency response pro20 vider’ has the meaning given the term in section 101 of 

21 title 6. 

22 ‘‘(c) TREATMENT OF REIMBURSEMENT.—Any reim23 bursement for training that the Coast Guard receives under 

24 this section shall be credited to the appropriation used to 

25 pay the costs for such training. 

26 ‘‘(d) STATUS; LIMITATION ON LIABILITY.— 


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1 ‘‘(1) STATUS.—Any individual to whom, as an 

2 emergency response provider, training is made avail3 able under this section shall not be considered a Fed4 eral employee for any purpose, including the purposes 

5 of— 

6 ‘‘(A) chapter 81 of title 5 (relating to com7 pensation for injury); or 

8 ‘‘(B) sections 2671 through 2680 of title 28 

9 (relating to tort claims). 

10 ‘‘(2) LIMITATION ON LIABILITY.—The individual 

11 described in paragraph (1) or that individual’s em12 ployer shall be liable for any claim arising out of 

13 such training.’’. 

14 (b) TABLE OF CONTENTS.—The table of contents of 

15 chapter 7 of title 14, United States Code, is amended by 

16 inserting after the item relating to section 141 the following: 

‘‘141a. Training; emergency response providers.’’. 

17 SEC. 203. COMMISSIONED SERVICE RETIREMENT. 

18 Section 291 of title 14, United States Code, is amend19 ed— 

20 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

21 ‘‘Any regular’’ and indenting appropriately; 

22 (2) in subsection (a), as designated— 

23 (A) by inserting ‘‘of the Coast Guard’’ after 

24 ‘‘officer’’; and 


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1 (B) by striking ‘‘President’’ and inserting 

2 ‘‘Secretary’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(b) ACTIVE COMMISSIONED SERVICE.—The Secretary 

5 may authorize the Commandant, through fiscal year 2019, 

6 to reduce the requirement under subsection (a) for at least 

7 ten years of active service as a commissioned officer to a 

8 period of not less than eight years.’’. 

9 SEC. 204. OFFICER PROMOTION ZONES. 

10 Section 256(a) of title 14, United States Code, is 

11 amended by striking ‘‘six-tenths’’ and inserting ‘‘one-half’’. 

12 SEC. 205. OFFICER EVALUATION REPORT. 

13 (a) IN GENERAL.—Beginning with the first evaluation 

14 cycle after the date of enactment of this Act, the Com15 mandant of the Coast Guard shall reduce lieutenant junior 

16 grade evaluation reports to the same length as an ensign 

17 or place lieutenant junior grade evaluations on an annual 

18 schedule. 

19 (b) BOARD SURVEY.—The Commandant of the Coast 

20 Guard shall survey outgoing promotion board members and 

21 assignment officers to determine, at a minimum— 

22 (1) which sections of the officer evaluation report 

23 were most useful; 

24 (2) which sections of the officer evaluation report 

25 were least useful; 


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1 (3) how to better reflect high performers; and 

2 (4) any recommendations for improving the offi3 cer evaluation report. 

4 (c) SURVEY OF OFFICERS.—The Commandant of the 

5 Coast Guard shall conduct a survey on the officer evalua6 tion report to— 

7 (1) cover at least 10 percent of the officers from 

8 each grade of officers from O1 to O6; and 

9 (2) determine how much time each member of the 

10 rating chain spends on that member’s portion of the 

11 officer evaluation report. 

12 (d) REVISIONS.— 

13 (1) IN GENERAL.—Not later than 5 years after 

14 the date of enactment of this Act, the Commandant of 

15 the Coast Guard shall revise the officer evaluation re16 port, and providing corresponding directions, taking 

17 into account the requirements under paragraph (2). 

18 (2) REQUIREMENTS.—In revising the officer 

19 evaluation report under paragraph (1), the Com20 mandant shall— 

21 (A) consider the findings of the surveys 

22 under subsections (b) and (c); 

23 (B) improve administrative efficiency; 

24 (C) reduce and streamline performance di25 mensions and narrative text; 


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1 (D) eliminate redundancy with the officer 

2 specialty management system and any other 

3 record information systems that are used during 

4 the officer assignment or promotion process; 

5 (E) provide for fairness and equity for 

6 Coast Guard officers with regard to promotion 

7 boards, selection panels, and the assignment 

8 process; and 

9 (F) ensure officer evaluation responsibilities 

10 can be accomplished within normal working 

11 hours— 

12 (i) to minimize any impact to officer 

13 duties; and 

14 (ii) to eliminate any need for an offi15 cer to take liberty or leave for administra16 tive purposes. 

17 (e) REPORT.— 

18 (1) IN GENERAL.—Not later than 545 days after 

19 the date of enactment of this Act, the Commandant of 

20 the Coast Guard shall submit to the Committee on 

21 Commerce, Science, and Transportation of the Senate 

22 and the Committee on Transportation and Infrastruc23 ture of the House of Representatives a report— 

24 (A) on the findings of the survey under sub25 section (b); and 


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1 (B) on the findings of the survey under sub2 section (c). 

3 (2) FORMAT.—The report under paragraph (1) 

4 shall be formatted by each rank, type of board, and 

5 position, as applicable. 

6 SEC. 206. RETIRED PAY; AMOUNTS FOR PAYMENTS IN CON7 NECTION WITH MODERNIZED RETIREMENT 

8 SYSTEM. 

9 (a) IN GENERAL.—Chapter 11 of title 14, United 

10 States Code, is amended by inserting after section 424a the 

11 following: 

12 ‘‘§ 424b. Retired pay; amounts for payments in connec13 tion with modernized retirement system 

14 ‘‘Of the amounts appropriated for retirement pay 

15 under this chapter in any fiscal year, the Secretary may 

16 use such sums as are necessary for the following purposes 

17 (in addition to other amounts that may be available for 

18 such purposes) as such purposes relate to a member: 

19 ‘‘(1) Lump sum payment of certain retired pay 

20 under section 1415 of title 10. 

21 ‘‘(2) Thrift Savings Plan contributions under 

22 section 8440e(e) of title 5. 

23 ‘‘(3) Continuation pay under section 356 of title 

24 37.’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 chapter 11 of title 14, United States Code, is amended by 

3 inserting after the item relating to section 424 the following: 

‘‘424b. Retired pay; amounts for payments in connection with modernized retirement system.’’. 

4 SEC. 207. INCLUSION OF VESSEL FOR INVESTIGATION PUR5 POSES. 

6 (a) IN GENERAL.—Section 678 of title 14, United 

7 States Code, is amended by inserting ‘‘or vessel’’ after ‘‘air8 craft’’ each place it appears. 

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 Chapter 17 of title 14, United States Code, is amended— 

11 (1) in the table of contents of chapter 17, by in12 serting ‘‘and vessel’’ after ‘‘Aircraft’’ in the item re13 lating to section 678; and 

14 (2) in the heading for section 678, by inserting 

15 ‘‘and vessel’’ after ‘‘Aircraft’’. 

16 SEC. 208. LEAVE FOR THE BIRTH OR ADOPTION OF A CHILD. 

17 Section 431 of title 14, United States Code, is amend18 ed— 

19 (1) by striking ‘‘Not later than 1 year’’ and in20 serting the following: 

21 ‘‘(a) IN GENERAL.—Except as provided in subsection 

22 (b), not later than 1 year’’; and 

23 (2) by adding at the end the following: 


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1 ‘‘(b) LEAVE ASSOCIATED WITH THE BIRTH OR ADOP2 TION OF A CHILD.—Notwithstanding section 701 of title 10 

3 or any other provision of law, the Secretary of the depart4 ment in which the Coast Guard is operating shall ensure 

5 that any rule, policy, or memorandum that provides leave 

6 associated with the birth or adoption of a child to an officer 

7 or enlisted member of the Coast Guard permits, for not later 

8 than 1 year after the date of such birth or adoption and 

9 at the discretion of the Commanding Officer— 

10 ‘‘(1) the officer or member, as applicable, to take 

11 such leave in increments; and 

12 ‘‘(2) flexible work schedules (as defined in regula13 tion promulgated by the Secretary) for the officer or 

14 member, as applicable, until all such leave is ex15 pended.’’. 

16 SEC. 209. AVIATION CADETS; APPOINTMENT AS RESERVE 

17 OFFICERS; CROSS REFERENCE. 

18 Section 373(a) of title 14, United States Code, is 

19 amended by inserting ‘‘designated under section 371’’ after 

20 ‘‘cadet’’. 

21 SEC. 210. CLOTHING AT TIME OF DISCHARGE FOR GOOD OF 

22 SERVICE; REPEAL. 

23 Section 482 of title 14, United States Code, and the 

24 item relating to that section in the table of contents of chap25 ter 13 of that title, are repealed. 


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1 SEC. 211. MULTIYEAR CONTRACTS. 

2 The Secretary is authorized to enter into a multiyear 

3 contract for the procurement of a tenth, eleventh, and 

4 twelfth National Security Cutter and associated govern5 ment-furnished equipment. 

6 SEC. 212. COAST GUARD ROTC PROGRAM. 

7 Not later than 1 year after the date of enactment of 

8 this Act, the Commandant of the Coast Guard shall submit 

9 to the Committee on Commerce, Science, and Transpor10 tation of the Senate and the Committee on Transportation 

11 and Infrastructure of the House of Representatives a report 

12 on the costs and benefits of creating a Coast Guard Reserve 

13 Officers’ Training Corps Program based on the other armed 

14 forces programs. 

15 SEC. 213. NATIONAL COAST GUARD MUSEUM. 

16 Subsection (b) of section 98 of title 14, United States 

17 Code, is amended to read as follows: 

18 ‘‘(b) EXPENDITURES.—The Secretary shall fund the 

19 operation and maintenance of the National Coast Guard 

20 Museum with nonappropriated and non-Federal funds to 

21 the maximum extent practicable. The priority use of Fed22 eral operation and maintenance funds should be to preserve 

23 and protect historic Coast Guard artifacts, including the 

24 design, fabrication, and installation of exhibits or displays 

25 in which such artifacts are included.’’. 


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1 SEC. 214. POLAR ICEBREAKERS. 

2 (a) ROLLING RECAPITALIZATION REPORT FOR THE

3 POLAR STAR.— 

4 (1) REQUIREMENT FOR REPORT.—The Secretary 

5 of the department in which the Coast Guard is oper6 ating, in consultation with Naval Sea Systems Com7 mand, shall submit to the Committee on Commerce, 

8 Science, and Transportation of the Senate and the 

9 Committee on Transportation and Infrastructure of 

10 the House of Representatives a detailed report describ11 ing a plan to extend the service life of the Coast 

12 Guard Cutter POLAR STAR (WAGB-10) under a 

13 rolling recapitalization plan for 7 to 10 years. 

14 (2) CONTENT.—The report required by para15 graph (1) shall include the following: 

16 (A) Based upon a materiel condition assess17 ment of the Coast Guard Cutter POLAR STAR 

18 (WAGB-10)— 

19 (i) a description of the service life ex20 tension needs of the vessel; 

21 (ii) detailed information regarding 

22 planned shipyard work for each fiscal year 

23 to meet such needs; and 

24 (iii) an estimate of the specific amount 

25 needed to be appropriated to complete the 

26 rolling recapitalization of the vessel. 


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1 (B) A plan to ensure the vessel will main2 tain seasonally operational status during the 

3 rolling recapitalization. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—The Com5 mandant of the Coast Guard may use funds made available 

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

7 as amended by section 101 of this Act, for the rolling recapi8 talization described in the report required by subsection (a). 

9 SEC. 215. GREAT LAKES ICEBREAKER ACQUISITION. 

10 (a) ICEBREAKING ON THE GREAT LAKES.—For fiscal 

11 years 2018 and 2019, the Commandant of the Coast Guard 

12 may use funds made available pursuant to section 2702(2) 

13 of title 14, United States Code, as amended by section 101 

14 of this Act, for the selection of a design for, and the con15 struction of, an icebreaker that is at least as capable as 

16 the Coast Guard Cutter Mackinaw to enhance icebreaking 

17 capacity on the Great Lakes. 

18 (b) INITIAL SURVEY AND DESIGN WORK.—The Com19 mandant of the Coast Guard shall commence initial survey 

20 and design work associated with the acquisition of a new 

21 Coast Guard icebreaker that is at least as capable as the 

22 Coast Guard Cutter Mackinaw to enhance icebreaking ca23 pacity on the Great Lakes. 

24 (c) ACQUISITION PLAN.—Not later than 45 days after 

25 the date of enactment of this Act, the Commandant shall 


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1 submit a plan to the Committee on Commerce, Science, and 

2 Transportation of the Senate and the Committee on Trans3 portation and Infrastructure of the House of Representa4 tives for acquiring an icebreaker described in subsections 

5 (a) and (b). Such plan shall include— 

6 (1) the details and schedule of the acquisition ac7 tivities to be completed; and 

8 (2) a description of how the funding for Coast 

9 Guard acquisition, construction, and improvements 

10 that was appropriated under the Consolidated Appro11 priations Act of 2017 (Public Law 115–31) will be al12 located to support the acquisition activities referred to 

13 in paragraph (1). 

14 TITLE III—MARINE SAFETY 

15 SEC. 301. COAST GUARD ADVISORY COMMITTEES. 

16 (a) ESTABLISHMENT.—Subtitle I of title 46, United 

17 States Code, is amended by adding at the end the following: 

18 ‘‘CHAPTER 7—COAST GUARD ADVISORY 

19 COMMITTEES 

‘‘Sec. ................................................................................................................

‘‘701. Administration. 

‘‘702. Chemical Transportation Advisory Committee. 

‘‘703. Commercial Fishing Safety Advisory Committee. 

‘‘704. Great Lakes Pilotage Advisory Committee. 

‘‘705. Lower Mississippi River Waterway Safety Advisory Committee. 

‘‘706. Merchant Marine Personnel Advisory Committee. 

‘‘707. Merchant Mariner Medical Advisory Committee. 

‘‘708. National Boating Safety Advisory Council. 

‘‘709. National Maritime Security Advisory Committee. 

‘‘710. National Offshore Safety Advisory Committee. 

‘‘711. Navigation Safety Advisory Council. 

‘‘712. Towing Safety Advisory Committee. 


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1 ‘‘§ 701. Administration 

2 ‘‘(a) EMPLOYEE STATUS.—A member of an advisory 

3 committee or advisory council established under this chap4 ter shall not be considered an employee of the Federal Gov5 ernment by reason of service on such committee or council, 

6 except for the purposes of the following provisions of law: 

7 ‘‘(1) Section 5703 of title 5 (relating to travel ex8 penses). 

9 ‘‘(2) Chapter 81 of title 5 (relating to compensa10 tion for work injuries). 

11 ‘‘(3) Chapter 171 of title 28 and any other Fed12 eral statute relating to tort liability. 

13 ‘‘(4) If the member is a special Government em14 ployee— 

15 ‘‘(A) chapter 73 of title 5; 

16 ‘‘(B) sections 201, 202, 203, 205, 207, 208, 

17 and 209 of title 18; 

18 ‘‘(C) the Ethics in Government Act of 1978 

19 (5 U.S.C. App); and 

20 ‘‘(D) any other provision of law relating to 

21 employee conduct, political activities, ethics, con22 flict of interest, and corruption that applies to a 

23 special Government employee. 

24 ‘‘(b) COMPENSATION.—A member of an advisory com25 mittee or advisory council established under this chapter 


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1 who is not otherwise a Federal employee shall not receive 

2 pay by reason of service on such committee or council. 

3 ‘‘(c) ACCEPTANCE OF VOLUNTEER SERVICES.—A 

4 member of an advisory committee or advisory council estab5 lished under this chapter may serve on a voluntary basis 

6 without pay without regard to section 1342 of title 31 or 

7 any other law. 

8 ‘‘§ 702. Chemical Transportation Advisory Committee 

9 ‘‘(a) ESTABLISHMENT.—There is established a Chem10 ical Transportation Advisory Committee (referred to in this 

11 section as the ‘Committee’). 

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

13 Commandant (or the Commandant’s designee), is author14 ized to advise, consult with, report to, and make rec15 ommendations to the Secretary on matters relating to the 

16 safe and secure marine transportation of hazardous mate17 rials. 

18 ‘‘(c) ORGANIZATION.— 

19 ‘‘(1) MEETING.—The Committee shall, at least 

20 once each calendar year, meet at the call of the Com21 mandant (or the Commandant’s designee). 

22 ‘‘(2) MEMBERSHIP.— 

23 ‘‘(A) IN GENERAL.—The Committee shall 

24 consist of not more than 25 members. 


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1 ‘‘(B) POINTS OF VIEW.—Each member of 

2 the Committee shall represent the point of view 

3 of 1 of the following entities or groups associated 

4 with marine transportation of hazardous mate5 rials: 

6 ‘‘(i) Chemical manufacturing. 

7 ‘‘(ii) Marine handling or transpor8 tation of chemicals. 

9 ‘‘(iii) Vessel design and construction. 

10 ‘‘(iv) Marine safety or security. 

11 ‘‘(v) Marine environmental protection. 

12 ‘‘(C) NEEDS OF THE COAST GUARD.—The 

13 Commandant (or the Commandant’s designee) 

14 shall, based on the needs of the Coast Guard, de15 termine the number of members who represent a 

16 specific point of view. 

17 ‘‘(D) RULE OF CONSTRUCTION.—Neither 

18 this subsection nor any other provision of law or 

19 policy shall be construed to require an equal dis20 tribution of members representing specific points 

21 of view among the membership of the Committee. 

22 ‘‘(3) STATUS OF MEMBERS.—For the purposes of 

23 Federal law, including the Ethics in Government Act 

24 of 1978 and chapter 11 of title 18, each member of 

25 the Committee is hereby deemed a representative of 


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1 the member’s respective special interest entity or 

2 group, and not a special Government employee (as 

3 defined in section 202(a) of title 18). 

4 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 

5 ‘‘(A) NOMINATIONS.—As necessary, the Sec6 retary shall publish, in the Federal Register, a 

7 notice soliciting nominations for membership on 

8 the Committee. 

9 ‘‘(B) APPOINTMENTS.— 

10 ‘‘(i) IN GENERAL.—After timely notice 

11 is published, the Secretary shall, as nec12 essary, appoint members to the Committee. 

13 ‘‘(ii) LIMITATIONS.—The Secretary 

14 may not seek, consider, or otherwise use in15 formation concerning the political affili16 ation of a nominee in making an appoint17 ment to the Committee. 

18 ‘‘(iii) REAPPOINTMENTS.—The Sec19 retary may reappoint a member to the 

20 Committee more than once. 

21 ‘‘(C) SERVICE.—Each member of the Com22 mittee shall serve at the pleasure of the Sec23 retary. 

24 ‘‘(5) TERM; VACANCY.— 

25 ‘‘(A) TERM.— 


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1 ‘‘(i) IN GENERAL.—The term of each 

2 member of the Committee shall expire on 

3 December 31 of the third full year after the 

4 effective date of the appointment. 

5 ‘‘(ii) EXTENSIONS.—Notwithstanding 

6 clause (i), paragraph (4), or any other pro7 vision of law or policy, the Commandant 

8 (or the Commandant’s designee) may extend 

9 the term of a member of the Committee to 

10 December 31 of the fifth full year after the 

11 effective date of the appointment. 

12 ‘‘(B) VACANCY.—In the case of an appoint13 ment to fill a vacancy on the Committee, the 

14 Secretary shall appoint an individual for a full 

15 term. 

16 ‘‘(6) CHAIRPERSON; VICE CHAIRPERSON.— 

17 ‘‘(A) IN GENERAL.—The Commandant (or 

18 the Commandant’s designee) shall designate 1 

19 member of the Committee as the Chairperson 

20 and another member of the Committee as the 

21 Vice Chairperson, both of whom shall serve in 

22 such capacity at the pleasure of the Com23 mandant (or the Commandant’s designee) and 

24 for a term to be fixed by the Commandant (or 

25 the Commandant’s designee). 


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1 ‘‘(B) RECOMMENDATIONS.—The Com2 mandant (or the Commandant’s designee) may 

3 solicit, from the Committee, recommendations 

4 with regard to the members whom the Com5 mandant (or the Commandant’s designee) shall 

6 designate as the Chairperson and the Vice Chair7 person. 

8 ‘‘(C) VACANCY.—The Vice Chairperson shall 

9 act as Chairperson in the absence or incapacity 

10 of, or in the event of a vacancy in the office of, 

11 the Chairperson. 

12 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

13 Commandant (or the Commandant’s designee) shall 

14 designate a Designated Federal Officer to the Com15 mittee in accordance with the Federal Advisory Com16 mittee Act (5 U.S.C. App.). 

17 ‘‘(d) FEDERAL ADVISORY COMMITTEE ACT; TERMI18 NATION.— 

19 ‘‘(1) FACA.—The Federal Advisory Committee 

20 Act (5 U.S.C. App.) shall apply to the Committee. 

21 ‘‘(2) TERMINATION.—The Committee shall termi22 nate on September 30, 2027. 


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1 ‘‘§ 703. Commercial Fishing Safety Advisory Com2 mittee 

3 ‘‘(a) ESTABLISHMENT.—There is established a Com4 mercial Fishing Safety Advisory Committee (referred to in 

5 this section as the ‘Committee’). 

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

7 Commandant (or the Commandant’s designee)— 

8 ‘‘(1) shall advise, consult with, report to, and 

9 make recommendations to the Secretary on matters 

10 relating to the safe operation of vessels to which chap11 ter 45 of this title applies, including navigation safe12 ty, safety equipment and procedures, marine insur13 ance, vessel design, construction, maintenance and op14 eration, and personnel qualifications and training; 

15 ‘‘(2) shall review proposed regulations promul16 gated pursuant to chapter 45 of this title; 

17 ‘‘(3) shall submit recommendations described in 

18 paragraph (1) to the Secretary in writing; 

19 ‘‘(4) may submit any recommendations described 

20 in paragraph (1) at any time and frequency as deter21 mined to be appropriate by the Committee; 

22 ‘‘(5) shall to review proposed regulations promul23 gated pursuant to chapter 45 of this title; and 

24 ‘‘(6) shall make available to Congress any infor25 mation, advice, and recommendations that the Com26 mittee is authorized to give to the Secretary. 


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1 ‘‘(c) ORGANIZATION.— 

2 ‘‘(1) MEETING.—The Committee shall, at least 

3 once each calendar year, meet at the call of the Com4 mandant (or the Commandant’s designee). 

5 ‘‘(2) MEMBERSHIP.— 

6 ‘‘(A) IN GENERAL.—The Committee shall 

7 consist of 18 members. 

8 ‘‘(B) EXPERIENCE.—Each member of the 

9 Committee shall have particular expertise, 

10 knowledge, and experience regarding the commer11 cial fishing industry. 

12 ‘‘(C) POINTS OF VIEW.—Except as provided 

13 in subparagraph (D), a member of the Com14 mittee shall represent the point of view of an en15 tity or group, as follows: 

16 ‘‘(i) 10 members representing the com17 mercial fishing industry who— 

18 ‘‘(I) reflect a regional and rep19 resentational balance; and 

20 ‘‘(II) have experience in the oper21 ation of vessels to which chapter 45 of 

22 this title applies or as a crew member 

23 or processing line worker on a fish 

24 processing vessel. 


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1 ‘‘(ii) 1 member representing naval ar2 chitects or marine engineers. 

3 ‘‘(iii) 1 member representing manufac4 turers of equipment for vessels to which 

5 chapter 45 of this title applies. 

6 ‘‘(iv) 1 member representing education 

7 or training professionals related to fishing 

8 vessel, fish processing vessel, or fish tender 

9 vessel safety or personnel qualifications. 

10 ‘‘(v) 1 member representing under11 writers that insure vessels to which chapter 

12 45 of this title applies. 

13 ‘‘(vi) 1 member representing owners of 

14 vessels to which chapter 45 of this title ap15 plies. 

16 ‘‘(D) EXCEPTION.— 

17 ‘‘(i) IN GENERAL.—Subject to clause 

18 (ii), 3 members of the Committee shall rep19 resent the general public. 

20 ‘‘(ii) EXPERIENCE.—Whenever pos21 sible, a member who represents the general 

22 public shall be either— 

23 ‘‘(I) an independent expert or 

24 consultant in maritime safety; 


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1 ‘‘(II) a marine surveyor who pro2 vides services to vessels to which chap3 ter 45 of this title applies; or 

4 ‘‘(III) a person familiar with 

5 issues affecting fishing communities 

6 and families of fishermen. 

7 ‘‘(3) STATUS OF MEMBERS.—For the purposes of 

8 Federal law, including the Ethics in Government Act 

9 of 1978 and chapter 11 of title 18— 

10 ‘‘(A) a member of the Committee, whom the 

11 Secretary appoints to represent a point of view 

12 of an entity or group under paragraph (2)(C), is 

13 hereby deemed a representative of the member’s 

14 respective special interest entity or group, and 

15 not a special Government employee (as defined 

16 in section 202(a) of title 18); and 

17 ‘‘(B) a member of the Committee, whom the 

18 Secretary may appoint to represent the general 

19 public, is hereby deemed a special Government 

20 employee (as defined in section 202(a) of title 

21 18). 

22 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 

23 ‘‘(A) NOMINATIONS.—As necessary, the Sec24 retary shall publish, in the Federal Register, a 


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1 notice soliciting nominations for membership on 

2 the Committee. 

3 ‘‘(B) APPOINTMENTS.— 

4 ‘‘(i) IN GENERAL.—After timely notice 

5 is published, the Secretary shall, as nec6 essary, appoint members to the Committee. 

7 ‘‘(ii) LIMITATIONS.—The Secretary 

8 may not seek, consider, or otherwise use in9 formation concerning the political affili10 ation of a nominee in making an appoint11 ment to the Committee. 

12 ‘‘(iii) REAPPOINTMENTS.—The Sec13 retary may reappoint a member to the 

14 Committee more than once. 

15 ‘‘(5) TERM; VACANCY.— 

16 ‘‘(A) TERM.— 

17 ‘‘(i) IN GENERAL.—The term of each 

18 member of the Committee shall expire on 

19 December 31 of the third full year after the 

20 effective date of the appointment. 

21 ‘‘(ii) EXTENSIONS.—Notwithstanding 

22 clause (i), paragraph (4), or any other pro23 vision of law or policy, the Commandant 

24 (or the Commandant’s designee) may extend 

25 the term of a member of the Committee to 


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1 December 31 of the fifth full year after the 

2 effective date of the appointment. 

3 ‘‘(B) VACANCY.—In the case of an appoint4 ment to fill a vacancy on the Committee, the 

5 Secretary shall appoint an individual for a full 

6 term. 

7 ‘‘(6) CHAIRPERSON; VICE CHAIRPERSON.— 

8 ‘‘(A) IN GENERAL.—The Committee shall 

9 elect a Chairperson and Vice Chairperson from 

10 among its members. 

11 ‘‘(B) RECOMMENDATIONS.—The Com12 mandant (or the Commandant’s designee) may 

13 solicit, from the Committee, recommendations 

14 with regard to the members whom the Com15 mandant (or the Commandant’s designee) shall 

16 designate as the Chairperson and the Vice Chair17 person. 

18 ‘‘(C) VACANCY.—The Vice Chairperson shall 

19 act as Chairperson in the absence or incapacity 

20 of, or in the event of a vacancy in the office of, 

21 the Chairperson. 

22 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

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1 mittee in accordance with the Federal Advisory Com2 mittee Act (5 U.S.C. App.). 

3 ‘‘(d) CONSULTATION.—The Commandant (or the Com4 mandant’s designee) shall, whenever practicable— 

5 ‘‘(1) consult with the Committee before taking 

6 any significant action relating to the safe operation 

7 of vessels to which chapter 45 of this title applies; 

8 ‘‘(2) consider the information, advice, and rec9 ommendations of the Committee in consulting with 

10 other agencies and the public or in formulating policy 

11 regarding the safe operation of vessels to which chap12 ter 45 of this title applies; 

13 ‘‘(3) make all recommendations made by the 

14 Committee in paragraph (b) public and available for 

15 comment within 30 days of receiving the rec16 ommendation from the Committee; 

17 ‘‘(4) respond in writing to all public comments 

18 made regarding recommendations made by the Com19 mittee in paragraph (b); 

20 ‘‘(5) respond in writing to any recommendations 

21 or resolutions made by the Committee in paragraph 

22 (b) and provide reasoning for acceptation or rejection 

23 to all recommendations within 60 days of receiving 

24 the recommendation; and 


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1 ‘‘(6) make all responses in paragraph (5) avail2 able to the Congress and the public at the time the re3 sponse is transmitted. 

4 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT; TERMI5 NATION.— 

6 ‘‘(1) FACA.—The Federal Advisory Committee 

7 Act (5 U.S.C. App.) shall apply to the Committee. 

8 ‘‘(2) TERMINATION.—The Committee shall termi9 nate on September 30, 2027. 

10 ‘‘§ 704. Great Lakes Pilotage Advisory Committee 

11 ‘‘(a) ESTABLISHMENT.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall establish 

13 a Great Lakes Pilotage Advisory Committee (referred 

14 to in this section as the ‘Committee’). 

15 ‘‘(2) DUTIES.—The Committee— 

16 ‘‘(A) may review proposed Great Lakes pi17 lotage regulations and policies and make rec18 ommendations to the Secretary that the Com19 mittee considers appropriate; 

20 ‘‘(B) may advise, consult with, report to, 

21 and make recommendations to the Secretary on 

22 matters relating to Great Lakes pilotage; 

23 ‘‘(C) may make available to the Congress 

24 recommendations that the Committee makes to 

25 the Secretary; and 


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1 ‘‘(D) shall meet at the call of— 

2 ‘‘(i) the Secretary, who shall call such 

3 a meeting at least once during each cal4 endar year; or 

5 ‘‘(ii) a majority of the Committee. 

6 ‘‘(b) ORGANIZATION.— 

7 ‘‘(1) IN GENERAL.— 

8 ‘‘(A) MEMBERSHIP.—The Committee shall 

9 consist of 7 members appointed by the Secretary 

10 in accordance with this subsection, each of whom 

11 has at least 5 years practical experience in mar12 itime operations. 

13 ‘‘(B) TERM.—The term of each member is 

14 for a period of not more than 5 years, specified 

15 by the Secretary. 

16 ‘‘(C) NOTICE.—Before filling a position on 

17 the Committee, the Secretary shall publish a no18 tice in the Federal Register soliciting nomina19 tions for membership on the Committee. 

20 ‘‘(2) REPRESENTATION.—The membership of the 

21 Committee shall include— 

22 ‘‘(A) the President of each of the 3 Great 

23 Lakes pilotage districts, or the President’s rep24 resentative; 


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1 ‘‘(B) 1 member representing the interests of 

2 vessel operators that contract for Great Lakes pi3 lotage services; 

4 ‘‘(C) 1 member representing the interests of 

5 Great Lakes ports; 

6 ‘‘(D) 1 member representing the interests of 

7 shippers whose cargoes are transported through 

8 Great Lakes ports; and 

9 ‘‘(E) a member with a background in fi10 nance or accounting, who— 

11 ‘‘(i) must have been recommended to 

12 the Secretary by a unanimous vote of the 

13 other members of the Committee, and 

14 ‘‘(ii) may be appointed without regard 

15 to requirement in paragraph (1) that each 

16 member have 5 years of practical experience 

17 in maritime operations. 

18 ‘‘(c)(1) CHAIRPERSON; VICE CHAIRPERSON.—The 

19 Committee shall elect 1 of its members as the Chairperson 

20 and 1 of its members as the Vice Chairperson. The Vice 

21 Chairperson shall act as Chairperson in the absence or in22 capacity of the Chairperson, or in the event of a vacancy 

23 in the office of the Chairperson. 

24 ‘‘(2) OBSERVER.—The Secretary shall, and any other 

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1 ticipate as an observer with the Committee. The Secretary’s 

2 designated representative shall act as the executive secretary 

3 of the Committee and shall perform the duties set forth in 

4 section 10(c) of the Federal Advisory Committee Act (5 

5 U.S.C. App.). 

6 ‘‘(d) RECOMMENDATIONS.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall, when8 ever practicable, consult with the Committee before 

9 taking any significant action relating to Great Lakes 

10 pilotage. 

11 ‘‘(2) CONSIDERATION.—The Secretary shall con12 sider the information, advice, and recommendations 

13 of the Committee in formulating policy regarding 

14 matters affecting Great Lakes pilotage. 

15 ‘‘(3) APPROVAL.—Any recommendations to the 

16 Secretary under subsection (a)(2)(B) must have been 

17 approved by at least all but 1 of the members then 

18 serving on the Committee. 

19 ‘‘(e)(1) COMPENSATION.—Notwithstanding section 

20 701, a member of the Committee, when attending meetings 

21 of the Committee or when otherwise engaged in the business 

22 of the Committee, is entitled to receive— 

23 ‘‘(A) compensation at a rate fixed by the Sec24 retary, not exceeding the daily equivalent of the cur25 rent rate of basic pay in effect for GS-18 of the GenVerDate Sep 11 2014 22:27 Jun 05, 2017 Jkt 069200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6203 E:\BILLS\S1129.RS S1129

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1 eral Schedule under section 5332 of title 5 including 

2 travel time; and 

3 ‘‘(B) travel or transportation expenses under sec4 tion 5703 of title 5. 

5 ‘‘(2) EMPLOYEE STATUS.—Notwithstanding section 

6 701, a member of the Committee shall not be considered to 

7 be an officer or employee of the United States for any pur8 pose based on their receipt of any payment under this sub9 section. 

10 ‘‘(f) FEDERAL ADVISORY COMMITTEE ACT; TERMI11 NATION.— 

12 ‘‘(1) FACA.—The Federal Advisory Committee 

13 Act (5 U.S.C. App.) applies to the Committee, except 

14 that the Committee terminates on September 30, 

15 2020. 

16 ‘‘(2) RENEWAL.—2 years before the termination 

17 date set forth in paragraph (1) of this subsection, the 

18 Committee shall submit to the Congress its rec19 ommendation regarding whether the Committee 

20 should be renewed and continued beyond the termi21 nation date. 


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1 ‘‘§ 705. Lower Mississippi River Waterway Safety Advi2 sory Committee 

3 ‘‘(a) ESTABLISHMENT.—There is established a Lower 

4 Mississippi River Waterway Safety Advisory Committee 

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

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

7 Commandant (or the Commandant’s designee), is author8 ized to advise, consult with, report to, and make rec9 ommendations to the Secretary on matters relating to com10 munication, surveillance, traffic management, anchorages, 

11 development and operation of New Orleans Vessel Traffic 

12 Services, and other related topics dealing with and actions 

13 relating to navigational safety on the Lower Mississippi 

14 River. 

15 ‘‘(c) ORGANIZATION.— 

16 ‘‘(1) MEETING.—The Committee shall, at least 

17 once each calendar year, meet at the call of the Com18 mandant (or the Commandant’s designee). 

19 ‘‘(2) MEMBERSHIP.— 

20 ‘‘(A) IN GENERAL.—The Committee shall 

21 consist of 24 members. 

22 ‘‘(B) EXPERIENCE.—Each member of the 

23 Committee shall have expertise, knowledge, and 

24 experience regarding the transportation, equip25 ment, and techniques that are used to ship cargo 

26 and to navigate vessels on the Lower Mississippi 


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1 River and its connecting navigable waterways, 

2 including the Gulf of Mexico. 

3 ‘‘(C) POINTS OF VIEW.—Except as provided 

4 in subparagraph (D), each member of the Com5 mittee shall represent the point of view of an en6 tity or group, as follows: 

7 ‘‘(i) 5 members representing River Port 

8 Authorities between Baton Rouge, Lou9 isiana, and the head of passes of the Lower 

10 Mississippi River, of which— 

11 ‘‘(I) 1 member shall be from the 

12 Port of St. Bernard; and 

13 ‘‘(II) 1 member from the Port of 

14 Plaquemines. 

15 ‘‘(ii) 2 members representing vessel 

16 owners or ship owners domiciled in the 

17 State of Louisiana. 

18 ‘‘(iii) 2 members representing organi19 zations which operate harbor tugs or barge 

20 fleets in the geographical area covered by 

21 the Committee. 

22 ‘‘(iv) 2 members representing compa23 nies which transport cargo or passengers on 

24 the navigable waterways in the geographical 

25 area covered by the Committee. 


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1 ‘‘(v) 3 members representing State 

2 Commissioned Pilot organizations, with 1 

3 member each representing— 

4 ‘‘(I) the New Orleans-Baton 

5 Rouge Steamship Pilots Association; 

6 ‘‘(II) the Crescent River Port Pi7 lots Association; and 

8 ‘‘(III) the Association Branch Pi9 lots. 

10 ‘‘(vi) 3 members representing con11 sumers, shippers, or importers and export12 ers that utilize vessels which utilize the nav13 igable waterways covered by the Committee. 

14 ‘‘(vii) 2 members representing those li15 censed merchant mariners, other than pi16 lots, who perform shipboard duties on those 

17 vessels which utilize navigable waterways 

18 covered by the Committee. 

19 ‘‘(viii) 1 member representing an orga20 nization that serves in a consulting or advi21 sory capacity to the maritime industry. 

22 ‘‘(ix) 1 member representing an envi23 ronmental organization. 

24 ‘‘(D) ADDITIONAL MEMBERS.— 


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1 ‘‘(i) IN GENERAL.—3 members of the 

2 Committee shall represent the general pub3 lic. 

4 ‘‘(ii) WATER TRANSPORTATION FACILI5 TIES.—Whenever possible, 2 of the 3 mem6 bers who represent the general public shall 

7 be individuals who utilize water transpor8 tation facilities located in the geographic 

9 area that the Committee covers. 

10 ‘‘(3) STATUS OF MEMBERS.—For the purposes of 

11 Federal law, including the Ethics in Government Act 

12 of 1978 and chapter 11 of title 18— 

13 ‘‘(A) each member of the Committee, whom 

14 the Secretary appoints to represent the point of 

15 view of an entity or group set out in paragraph 

16 (2)(C), is hereby deemed a representative of the 

17 member’s respective special interest entity or 

18 group, and not a special Government employee 

19 (as defined in section 202(a) of title 18); and 

20 ‘‘(B) each member of the Committee, whom 

21 the Secretary appoints to represent the general 

22 public, is hereby deemed a special Government 

23 employee (as defined in section 202(a) of title 

24 18). 

25 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 


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1 ‘‘(A) NOMINATIONS.—As necessary, the Sec2 retary shall publish, in the Federal Register, a 

3 notice soliciting nominations for membership on 

4 the Committee. 

5 ‘‘(B) APPOINTMENTS.— 

6 ‘‘(i) IN GENERAL.—After timely notice 

7 is published, the Secretary shall, as nec8 essary, appoint members to the Committee. 

9 ‘‘(ii) LIMITATIONS.—The Secretary 

10 may not seek, consider, or otherwise use in11 formation concerning the political affili12 ation of a nominee in making an appoint13 ment to the Committee. 

14 ‘‘(iii) REAPPOINTMENTS.—The Sec15 retary may reappoint a member to the 

16 Committee more than once. 

17 ‘‘(C) SERVICE.—Each member of the Com18 mittee shall serve at the pleasure of the Sec19 retary. 

20 ‘‘(5) TERM; VACANCY.— 

21 ‘‘(A) TERM.— 

22 ‘‘(i) IN GENERAL.—The term of each 

23 member of the Committee shall expire on 

24 December 31 of the third full year after the 

25 effective date of the appointment. 


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1 ‘‘(ii) EXTENSION.—Notwithstanding 

2 clause (i), paragraph (4), or any other pro3 vision of law or policy, the Commandant 

4 (or the Commandant’s designee) may extend 

5 the term of a member of the Committee to 

6 December 31 of the fifth full year after the 

7 effective date of the appointment. 

8 ‘‘(B) VACANCY.—In the case of an appoint9 ment to fill a vacancy on the Committee, the 

10 Secretary shall appoint an individual for a full 

11 term. 

12 ‘‘(6) CHAIRPERSON; VICE CHAIRPERSON.— 

13 ‘‘(A) IN GENERAL.—The Commandant (or 

14 the Commandant’s designee) shall designate 1 

15 member of the Committee as the Chairperson 

16 and another member of the Committee as the 

17 Vice Chairperson, both of whom shall serve in 

18 such capacity at the pleasure of the Com19 mandant (or the Commandant’s designee) and 

20 for a term to be fixed by the Commandant (or 

21 the Commandant’s designee). 

22 ‘‘(B) RECOMMENDATIONS.—The Com23 mandant (or the Commandant’s designee) may 

24 solicit, from the Committee, recommendations 

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1 mandant (or the Commandant’s designee) shall 

2 designate as the Chairperson and the Vice Chair3 person. 

4 ‘‘(C) VACANCY.—The Vice Chairperson shall 

5 act as Chairperson in the absence or incapacity 

6 of, or in the event of a vacancy in the office of, 

7 the Chairperson. 

8 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

9 Commandant (or the Commandant’s designee) shall 

10 designate a Designated Federal Officer to the Com11 mittee in accordance with the Federal Advisory Com12 mittee Act (5 U.S.C. App.). 

13 ‘‘(d) CONSULTATION.—The Commandant (or the Com14 mandant’s designee) shall, whenever practicable, consult 

15 with the Committee before taking any significant action re16 lating to navigation safety in the Lower Mississippi River. 

17 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT; TERMI18 NATION.— 

19 ‘‘(1) FACA.—The Federal Advisory Committee 

20 Act (5 U.S.C. App.) shall apply to the Committee. 

21 ‘‘(2) TERMINATION.—The Committee shall termi22 nate on September 30, 2027. 


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1 ‘‘§ 706. Merchant Marine Personnel Advisory Com2 mittee 

3 ‘‘(a) ESTABLISHMENT.—There is established a Mer4 chant Marine Personnel Advisory Committee (referred to in 

5 this section as the ‘Committee’). 

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

7 Commandant (or the Commandant’s designee), is author8 ized to advise, consult with, report to, and make rec9 ommendations to the Secretary on matters relating to per10 sonnel in the United States merchant marine, including 

11 training, qualifications, certification, documentation, and 

12 fitness standards. 

13 ‘‘(c) MEETING.—The Committee shall, at least once 

14 each calendar year, meet at the call of the Commandant 

15 (or the Commandant’s designee). 

16 ‘‘(d) MEMBERSHIP.— 

17 ‘‘(1) IN GENERAL.—The Committee shall consist 

18 of 19 members. 

19 ‘‘(2) POINTS OF VIEW.—Except as provided in 

20 subparagraph (C), each member of the Committee 

21 shall represent the point of view of an entity or 

22 group, as follows: 

23 ‘‘(A) 9 members representing the interests of 

24 mariners— 

25 ‘‘(i) each of whom— 


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1 ‘‘(I) shall be a citizen of the 

2 United States; and 

3 ‘‘(II) shall hold an active license 

4 or certificate issued under chapter 71 

5 of this title or a merchant mariner 

6 document issued under chapter 73 of 

7 this title; and 

8 ‘‘(ii) among whom shall be— 

9 ‘‘(I) 3 deck officers representing 

10 the interests of merchant marine deck 

11 officers, of whom— 

12 ‘‘(aa) 2 shall be licensed for 

13 oceans any gross tons; 

14 ‘‘(bb) 1 shall be licensed for 

15 inland river route with a limited 

16 or unlimited tonnage; 

17 ‘‘(cc) 2 shall have a master’s 

18 license or a master of towing ves19 sels license; 

20 ‘‘(dd) 1 shall have significant 

21 tanker experience; and 

22 ‘‘(ee) to the extent prac23 ticable— 

24 ‘‘(AA) 1 shall represent 

25 the interests of labor; and 


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1 ‘‘(BB) 1 shall represent 

2 the interests of management; 

3 ‘‘(II) 3 engineering officers rep4 resenting the interests of merchant ma5 rine engineering officers, of whom— 

6 ‘‘(aa) 2 shall be licensed as 

7 chief engineer any horsepower; 

8 ‘‘(bb) 1 shall be licensed as 

9 either a limited chief engineer or 

10 a designated duty engineer; and 

11 ‘‘(cc) to the extent prac12 ticable— 

13 ‘‘(AA) 1 shall represent 

14 the interests of labor; and 

15 ‘‘(BB) 1 shall represent 

16 the interests of management; 

17 ‘‘(III) 2 unlicensed seamen, of 

18 whom— 

19 ‘‘(aa) 1 shall represent the 

20 interests of able-bodied seamen; 

21 and 

22 ‘‘(bb) 1 shall represent the 

23 interests of qualified members of 

24 the engine department; and 


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1 ‘‘(IV) 1 pilot representing the in2 terests of merchant marine pilots. 

3 ‘‘(B) 6 members representing the interests of 

4 marine educators— 

5 ‘‘(i) each of whom shall be a marine 

6 educator; and 

7 ‘‘(ii) among whom shall be— 

8 ‘‘(I) 3 marine educators who shall 

9 represent the interests of maritime 

10 academies, including— 

11 ‘‘(aa) 2 who shall represent 

12 the interests of State maritime 

13 academies; and 

14 ‘‘(bb) 1 who shall represent 

15 either the viewpoint of the State 

16 maritime academies or the United 

17 States Merchant Marine Academy; 

18 and 

19 ‘‘(II) 3 marine educators who 

20 shall represent the interests of other 

21 maritime training institutions, 1 of 

22 whom shall represent the interests of 

23 the small vessel industry. 


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1 ‘‘(C) 2 members representing the interests of 

2 shipping companies employed in ship operation 

3 management. 

4 ‘‘(D) 2 members of the Committee shall rep5 resent the general public. 

6 ‘‘(3) STATUS OF MEMBERS.— 

7 ‘‘(A) IN GENERAL.—For the purposes of 

8 Federal law, including the Ethics in Government 

9 Act of 1978 and chapter 11 of title 18— 

10 ‘‘(i) a member of the Committee, whom 

11 the Secretary appoints to represent the 

12 point of view of an entity or group set out 

13 in paragraph (2)(B), is hereby deemed a 

14 representative of the member’s respective 

15 special interest entity or group, and not a 

16 special Government employee (as defined in 

17 section 202(a) of title 18); and 

18 ‘‘(ii) a member of the Committee, 

19 whom the Secretary appoints to represent 

20 the general public, is hereby deemed a spe21 cial Government employee (as defined in 

22 section 202(a) of title 18). 

23 ‘‘(B) RULE OF CONSTRUCTION.—Nothing in 

24 this section shall be construed to prohibit the 

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1 ployee to serve as a member of the Committee 

2 representing the interests of the United States 

3 Merchant Marine Academy. 

4 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 

5 ‘‘(A) NOMINATIONS.—As necessary, the Sec6 retary shall publish, in the Federal Register, a 

7 notice soliciting nominations for membership on 

8 the Committee. 

9 ‘‘(B) APPOINTMENTS.— 

10 ‘‘(i) IN GENERAL.—After timely notice 

11 is published, the Secretary shall, as nec12 essary, appoint members to the Committee. 

13 ‘‘(ii) LIMITATIONS.—The Secretary 

14 may not seek, consider, or otherwise use in15 formation concerning the political affili16 ation of a nominee in making an appoint17 ment to the Committee. 

18 ‘‘(iii) REAPPOINTMENT.—The Sec19 retary may reappoint a member to the 

20 Committee more than once. 

21 ‘‘(C) SOLICITING NOMINATIONS.—Notwith22 standing subparagraphs (A) and (B), the Sec23 retary may— 

24 ‘‘(i) with regard to the appointment of 

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1 ests of the State maritime academies, solicit 

2 nominations for membership on the Com3 mittee from each State maritime academy 

4 or a joint nomination from some or all 

5 State maritime academies; and 

6 ‘‘(ii) with regard to the appointment of 

7 a member to represent the interests of the 

8 United States Merchant Marine Academy, 

9 solicit a nomination for membership on the 

10 Committee from the Secretary of Transpor11 tation. 

12 ‘‘(D) SERVICE.—Each member of the Com13 mittee shall serve at the pleasure of the Sec14 retary. 

15 ‘‘(5) TERM; VACANCY.— 

16 ‘‘(A) TERM.— 

17 ‘‘(i) IN GENERAL.—The term of each 

18 member of the Committee shall expire on 

19 December 31 of the third full year after the 

20 effective date of the appointment. 

21 ‘‘(ii) EXTENSIONS.—Notwithstanding 

22 clause (i), paragraph (4), or any other pro23 vision of law or policy, the Commandant 

24 (or the Commandant’s designee) may extend 

25 the term of a member of the Committee to 


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1 December 31 of the fifth full year after the 

2 effective date of the appointment. 

3 ‘‘(iii) VACANCY.—In the case of an ap4 pointment to fill a vacancy on the Com5 mittee, the Secretary shall appoint an indi6 vidual for a full term. 

7 ‘‘(6) CHAIRPERSON; VICE CHAIRPERSON.— 

8 ‘‘(A) IN GENERAL.—The Commandant (or 

9 the Commandant’s designee) shall designate 1 

10 member of the Committee as the Chairperson 

11 and another member of the Committee as the 

12 Vice Chairperson, both of whom shall serve in 

13 such capacity at the pleasure of the Com14 mandant (or the Commandant’s designee) and 

15 for a term to be fixed by the Commandant (or 

16 the Commandant’s designee). 

17 ‘‘(B) RECOMMENDATIONS.—The Com18 mandant (or the Commandant’s designee) may 

19 solicit, from the Committee, recommendations 

20 with regard to the members whom the Com21 mandant (or the Commandant’s designee) shall 

22 designate as the Chairperson and the Vice Chair23 person. 

24 ‘‘(C) VACANCY.—The Vice Chairperson shall 

25 act as Chairperson in the absence or incapacity 


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1 of, or in the event of a vacancy in the office of, 

2 the Chairperson. 

3 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

4 Commandant (or the Commandant’s designee) shall 

5 designate a Designated Federal Officer to the Com6 mittee in accordance with the Federal Advisory Com7 mittee Act (5 U.S.C. App.). 

8 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT; TERMI9 NATION.— 

10 ‘‘(1) FACA.—The Federal Advisory Committee 

11 Act (5 U.S.C. App.) shall apply to the Committee. 

12 ‘‘(2) TERMINATION.—The Committee shall termi13 nate on September 30, 2027. 

14 ‘‘§ 707. Merchant Mariner Medical Advisory Com15 mittee 

16 ‘‘(a) ESTABLISHMENT.—There is established a Mer17 chant Mariner Medical Advisory Committee (referred to in 

18 this section as the ‘Committee’). 

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

20 Commandant (or the Commandant’s designee), is author21 ized to advise, consult with, report to, and make rec22 ommendations to the Secretary on matters relating to— 

23 ‘‘(1) medical certification determinations of mer24 chant mariners; 


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1 ‘‘(2) medical standards and guidelines for the 

2 physical qualifications of operators of commercial ves3 sels; 

4 ‘‘(3) medical examiner education; and 

5 ‘‘(4) medical research. 

6 ‘‘(c) ORGANIZATION.— 

7 ‘‘(1) MEETING.—The Committee shall, at least 

8 once each calendar year, meet at the call of the Com9 mandant (or the Commandant’s designee). 

10 ‘‘(2) MEMBERSHIP.— 

11 ‘‘(A) IN GENERAL.—The Committee shall 

12 consist of 14 members. 

13 ‘‘(B) RESTRICTION.—No member of the 

14 Committee shall be a regular Federal employee. 

15 ‘‘(C) EXPERIENCE.—Of the members of the 

16 Committee— 

17 ‘‘(i) 10 members shall be healthcare 

18 professionals with particular expertise, 

19 knowledge, or experience regarding the med20 ical examinations of merchant mariners or 

21 occupational medicine; and 

22 ‘‘(ii) 4 members shall be professional 

23 mariners with knowledge and experience in 

24 mariners’ occupational requirements. 


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1 ‘‘(3) STATUS OF MEMBERS.—For the purposes of 

2 Federal law, including the Ethics in Government Act 

3 of 1978 and chapter 11 of title 18, each member of 

4 the Committee is hereby deemed a special Government 

5 employee (as defined in section 202(a) of title 18). 

6 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 

7 ‘‘(A) NOMINATIONS.—As necessary, the Sec8 retary shall publish, in the Federal Register, a 

9 notice soliciting nominations for membership on 

10 the Committee. 

11 ‘‘(B) APPOINTMENTS.— 

12 ‘‘(i) IN GENERAL.—After timely notice 

13 is published, the Secretary shall, as nec14 essary, appoint members to the Committee. 

15 ‘‘(ii) LIMITATIONS.—The Secretary 

16 may not seek, consider, or otherwise use in17 formation concerning the political affili18 ation of a nominee in making an appoint19 ment to the Committee. 

20 ‘‘(iii) REAPPOINTMENTS.—The Sec21 retary may reappoint a member to the 

22 Committee more than once. 

23 ‘‘(C) SERVICE.—Each member of the Com24 mittee shall serve at the pleasure of the Sec25 retary. 


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1 ‘‘(5) TERM; VACANCY.— 

2 ‘‘(A) TERM.— 

3 ‘‘(i) IN GENERAL.—The term of each 

4 member of the Committee shall expire on 

5 December 31 of the third full year after the 

6 effective date of the appointment. 

7 ‘‘(ii) EXTENSIONS.—Notwithstanding 

8 clause (i), paragraph (4), or any other pro9 vision of law or policy, the Commandant 

10 (or the Commandant’s designee) may extend 

11 the term of a member of the Committee to 

12 December 31 of the fifth full year after the 

13 effective date of the appointment. 

14 ‘‘(iii) VACANCY.—In the case of an ap15 pointment to fill a vacancy on the Com16 mittee, the Secretary shall appoint an indi17 vidual for a full term. 

18 ‘‘(6) CHAIRPERSON; VICE CHAIRPERSON.— 

19 ‘‘(A) IN GENERAL.—The Commandant (or 

20 the Commandant’s designee) shall designate 1 

21 member of the Committee as the Chairperson 

22 and another member of the Committee as the 

23 Vice Chairperson, both of whom shall serve in 

24 such capacity at the pleasure of the Com25 mandant (or the Commandant’s designee) and 


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1 for a term to be fixed by the Commandant (or 

2 the Commandant’s designee). 

3 ‘‘(B) RECOMMENDATIONS.—The Com4 mandant (or the Commandant’s designee) may 

5 solicit, from the Committee, recommendations 

6 with regard to the members whom the Com7 mandant (or the Commandant’s designee) shall 

8 designate as the Chairperson and the Vice Chair9 person. 

10 ‘‘(C) VACANCY.—The Vice Chairperson shall 

11 act as Chairperson in the absence or incapacity 

12 of, or in the event of a vacancy in the office of, 

13 the Chairperson. 

14 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

15 Commandant (or the Commandant’s designee) shall 

16 designate a Designated Federal Officer to the Com17 mittee in accordance with the Federal Advisory Com18 mittee Act (5 U.S.C. App.). 

19 ‘‘(d) FEDERAL ADVISORY COMMITTEE ACT; TERMI20 NATION.— 

21 ‘‘(1) FACA.—The Federal Advisory Committee 

22 Act (5 U.S.C. App.) shall apply to the Committee. 

23 ‘‘(2) TERMINATION.—The Committee shall termi24 nate on September 30, 2027. 


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1 ‘‘§ 708. National Boating Safety Advisory Council 

2 ‘‘(a) ESTABLISHMENT.—There is established a Na3 tional Boating Safety Advisory Council (referred to in this 

4 section as the ‘Council’). 

5 ‘‘(b) ORGANIZATION.— 

6 ‘‘(1) MEETING.—The Council shall, at least once 

7 each calendar year, meet at the call of the Com8 mandant (or the Commandant’s designee). 

9 ‘‘(2) MEMBERSHIP.— 

10 ‘‘(A) IN GENERAL.—The Council shall con11 sist of 21 members. 

12 ‘‘(B) EXPERIENCE.—Each member of the 

13 Council shall have particular expertise, knowl14 edge, and experience in recreational boating safe15 ty. 

16 ‘‘(C) POINTS OF VIEW.—Except as provided 

17 in subparagraph (D), each member of the Coun18 cil shall represent the point of view of an entity 

19 or group, as follows: 

20 ‘‘(i) 7 members representing State offi21 cials responsible for State boating safety 

22 programs. 

23 ‘‘(ii) 7 members representing manufac24 turers, wholesale distributors, or retail dis25 tributors of recreational vessels or associated 

26 equipment. 


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1 ‘‘(iii) At least 5 members representing 

2 national recreational boating organizations. 

3 ‘‘(D) ADDITIONAL MEMBERS.—Not more 

4 than 2 members of the Council may represent the 

5 general public. 

6 ‘‘(E) PANELS.—Additional individuals 

7 from an entity or group set out in subparagraph 

8 (C) may be appointed to panels of the Council 

9 to assist the Council in performing its duties. 

10 ‘‘(3) STATUS OF MEMBERS.—For the purposes of 

11 Federal law, including the Ethics in Government Act 

12 of 1978 and chapter 11 of title 18— 

13 ‘‘(A) a member of the Council, whom the 

14 Secretary appoints to represent the point of view 

15 of an entity or group set out in paragraph 

16 (2)(C), is hereby deemed a representative of the 

17 member’s respective special interest entity or 

18 group, and not a special Government employee 

19 (as defined in section 202(a) of title 18); and 

20 ‘‘(B) in the event that the Secretary ap21 points a member to represent the general public, 

22 such member of the Council is hereby deemed a 

23 special Government employee (as defined in sec24 tion 202(a) of title 18). 

25 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 


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1 ‘‘(A) NOMINATIONS.—As necessary, the Sec2 retary shall publish, in the Federal Register, a 

3 notice soliciting nominations for membership on 

4 the Council. 

5 ‘‘(B) APPOINTMENTS.— 

6 ‘‘(i) IN GENERAL.—After timely notice 

7 is published, the Secretary shall, as nec8 essary, appoint members to the Council. 

9 ‘‘(ii) LIMITATIONS.—The Secretary 

10 may not seek, consider, or otherwise use in11 formation concerning the political affili12 ation of a nominee in making an appoint13 ment to the Council. 

14 ‘‘(iii) VACANCY.—The Secretary may 

15 reappoint a member to the Council more 

16 than once. 

17 ‘‘(C) SERVICE.—Each member of the Coun18 cil shall serve at the pleasure of the Secretary. 

19 ‘‘(5) TERM; VACANCY.— 

20 ‘‘(A) TERM.— 

21 ‘‘(i) IN GENERAL.—The term of each 

22 member of the Council shall expire on De23 cember 31 of the third full year after the ef24 fective date of the appointment. 


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1 ‘‘(ii) EXTENSIONS.—Notwithstanding 

2 clause (1), paragraph (4), or any other pro3 vision of law or policy, the Commandant 

4 (or the Commandant’s designee) may extend 

5 the term of a member of the Council to De6 cember 31 of the fifth full year after the ef7 fective date of the appointment. 

8 ‘‘(iii) VACANCY.—In the case of an ap9 pointment to fill a vacancy on the Council, 

10 the Secretary shall appoint an individual 

11 for a full term. 

12 ‘‘(6) CHAIRPERSON; VICE CHAIRPERSON.— 

13 ‘‘(A) IN GENERAL.—The Commandant (or 

14 the Commandant’s designee) shall designate 1 

15 member of the Council as the Chairperson and 

16 another member of the Council as the Vice Chair17 person, both of whom shall serve in such capacity 

18 at the pleasure of the Commandant (or the Com19 mandant’s designee) and for a term to be fixed 

20 by the Commandant (or the Commandant’s des21 ignee). 

22 ‘‘(B) RECOMMENDATIONS.—The Com23 mandant (or the Commandant’s designee) may 

24 solicit, from the Council, recommendations with 

25 regard to the members whom the Commandant 


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1 (or the Commandant’s designee) shall designate 

2 as the Chairperson and the Vice Chairperson. 

3 ‘‘(C) VACANCY.—The Vice Chairperson shall 

4 act as Chairperson in the absence or incapacity 

5 of, or in the event of a vacancy in the office of, 

6 the Chairperson. 

7 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

8 Commandant (or the Commandant’s designee) shall 

9 designate a Designated Federal Officer to the Council 

10 in accordance with the Federal Advisory Committee 

11 Act (5 U.S.C. App.). 

12 ‘‘(c) CONSULTATION.—In addition to the consultation 

13 required by section 4302 of this title, the Commandant (or 

14 the Commandant’s designee) shall, whenever practicable, 

15 consult with the Council on boating safety matters related 

16 to chapter 131 of this title. 

17 ‘‘(d) FEDERAL ADVISORY COMMITTEE ACT; TERMI18 NATION.— 

19 ‘‘(1) FACA.—The Federal Advisory Committee 

20 Act (5 U.S.C. App.) shall apply to the Council. 

21 ‘‘(2) TERMINATION.—The Council shall termi22 nate on September 30, 2027. 


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1 ‘‘§ 709. National Maritime Security Advisory Com2 mittee 

3 ‘‘(a) ESTABLISHMENT.—There is established a Na4 tional Maritime Security Advisory Committee (referred to 

5 in this section as the ‘Committee’). 

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

7 Commandant (or the Commandant’s designee), is author8 ized to advise, consult with, report to, and make rec9 ommendations to the Secretary on matters relating to na10 tional maritime security. 

11 ‘‘(c) ORGANIZATION.— 

12 ‘‘(1) MEETING.—The Committee shall, at least 

13 once each calendar year, meet at the call of the Com14 mandant (or the Commandant’s designee). 

15 ‘‘(2) MEMBERSHIP.— 

16 ‘‘(A) IN GENERAL.—The Committee shall 

17 consist of not less than 8 members, but not more 

18 than 12 members. 

19 ‘‘(B) EXPERIENCE.—Each member of the 

20 Committee shall have at least 5 years practical 

21 experience in maritime security operations. 

22 ‘‘(C) POINTS OF VIEW.—Each member of 

23 the Committee shall represent the point of view 

24 of an entity or group, as follows: 

25 ‘‘(i) At least 1 member representing the 

26 port authorities. 


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1 ‘‘(ii) At least 1 member representing 

2 the facilities owners or operators. 

3 ‘‘(iii) At least 1 member representing 

4 the terminal owners or operators. 

5 ‘‘(iv) At least 1 member representing 

6 the vessel owners or operators. 

7 ‘‘(v) At least 1 member representing 

8 the maritime labor organizations. 

9 ‘‘(vi) At least 1 member representing 

10 the academic community. 

11 ‘‘(vii) At least 1 member representing 

12 State or local governments. 

13 ‘‘(viii) At least 1 member representing 

14 the maritime industry. 

15 ‘‘(ix) Not more than 4 members, each 

16 representing an entity or group, the point 

17 of view of which or the area of expertise of 

18 which the Commandant (or the Com19 mandant’s designee) determines would aid 

20 the Committee’s deliberations. 

21 ‘‘(3) STATUS OF MEMBERS.—For the purposes of 

22 Federal law, including the Ethics in Government Act 

23 of 1978 and chapter 11 of title 18, each member of 

24 the Committee is hereby deemed a representative of 

25 the member’s respective special interest entity or 


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1 group, and not a special Government employee (as 

2 defined in section 202(a) of title 18). 

3 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 

4 ‘‘(A) NOMINATIONS.—As necessary, the Sec5 retary shall publish in the Federal Register, a 

6 notice soliciting nominations for membership on 

7 the Committee. 

8 ‘‘(B) APPOINTMENTS.— 

9 ‘‘(i) IN GENERAL.—After timely notice 

10 is published, the Secretary shall appoint 

11 members to the Committee. 

12 ‘‘(ii) LIMITATIONS.—The Secretary 

13 may not seek, consider, or otherwise use in14 formation concerning the political affili15 ation of an individual in making an ap16 pointment to the Committee. 

17 ‘‘(iii) REAPPOINTMENTS.—The Sec18 retary may reappoint a member to the 

19 Committee more than once. 

20 ‘‘(C) SERVICE.—Each member of the Com21 mittee shall serve at the pleasure of the Sec22 retary. 

23 ‘‘(D) BACKGROUND EXAMINATIONS.—The 

24 Secretary may require an individual to have 


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1 passed an appropriate security background ex2 amination before appointment to the Committee. 

3 ‘‘(5) TERM; VACANCY.— 

4 ‘‘(A) TERM.— 

5 ‘‘(i) IN GENERAL.—The term of each 

6 member of the Committee shall expire on 

7 December 31 of the third full year after the 

8 effective date of the appointment. 

9 ‘‘(ii) EXTENSIONS.—Notwithstanding 

10 clause (i), paragraph (4), or any other pro11 vision of law or policy, the Commandant 

12 (or the Commandant’s designee) may extend 

13 the term of a member of the Committee to 

14 December 31 of the fifth full year after the 

15 effective date of the appointment. 

16 ‘‘(iii) VACANCY.—In the case of an ap17 pointment to fill a vacancy on the Com18 mittee, the Secretary shall appoint an indi19 vidual for a full term. 

20 ‘‘(6) CHAIRPERSON; VICE CHAIRPERSON.— 

21 ‘‘(A) IN GENERAL.—The Commandant (or 

22 the Commandant’s designee) shall designate 1 

23 member of the Committee as the Chairperson 

24 and another member of the Committee as the 

25 Vice Chairperson, both of whom shall serve in 


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1 such capacity at the pleasure of the Com2 mandant (or the Commandant’s designee) and 

3 for a term to be fixed by the Commandant (or 

4 the Commandant’s designee). 

5 ‘‘(B) RECOMMENDATIONS.—The Com6 mandant (or the Commandant’s designee) may 

7 solicit, from the Committee, recommendations 

8 with regard to the members whom the Com9 mandant (or the Commandant’s designee) shall 

10 designate as the Chairperson and the Vice Chair11 person. 

12 ‘‘(C) VACANCY.—The Vice Chairperson shall 

13 act as Chairperson in the absence or incapacity 

14 of, or in the event of a vacancy in the office of, 

15 the Chairperson. 

16 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

17 Commandant (or the Commandant’s designee) shall 

18 designate a Designated Federal Officer to the Com19 mittee in accordance with the Federal Advisory Com20 mittee Act (5 U.S.C. App.). 

21 ‘‘(d) FEDERAL ADVISORY COMMITTEE ACT; TERMI22 NATION.— 

23 ‘‘(1) FACA.—The Federal Advisory Committee 

24 Act (5 U.S.C. App.) shall apply to the Committee. 


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1 ‘‘(2) TERMINATION.—The Committee shall termi2 nate on September 30, 2027. 

3 ‘‘§ 710. National Offshore Safety Advisory Committee 

4 ‘‘(a) ESTABLISHMENT.—There is established a Na5 tional Offshore Safety Advisory Committee (referred to in 

6 this section as the ‘Committee’). 

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

8 Commandant (or the Commandant’s designee), is author9 ized to advise, consult with, report to, and make rec10 ommendations to the Secretary on matters relating to ac11 tivities directly involved with, or in support of, the explo12 ration of offshore mineral and energy resources insofar as 

13 such activities relate to matters within Coast Guard juris14 diction. 

15 ‘‘(c) ORGANIZATION.— 

16 ‘‘(1) MEETING.—The Committee shall, at least 

17 once each calendar year, meet at the call of the Com18 mandant (or the Commandant’s designee). 

19 ‘‘(2) MEMBERSHIP.— 

20 ‘‘(A) IN GENERAL.—The Committee shall 

21 consist of 15 members. 

22 ‘‘(B) POINTS OF VIEW.—Except as provided 

23 in subparagraph (C), each member of the Com24 mittee shall represent the point of view of an en25 tity or group, as follows: 


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1 ‘‘(i) 2 members representing compa2 nies, organizations, enterprises, or similar 

3 entities engaged in the production of petro4 leum. 

5 ‘‘(ii) 2 members representing compa6 nies, organizations, enterprises, or similar 

7 entities engaged in offshore drilling. 

8 ‘‘(iii) 2 members representing compa9 nies, organizations, enterprises or similar 

10 entities engaged in the support, by offshore 

11 supply vessels or other vessels, of offshore 

12 operations. 

13 ‘‘(iv) 1 member representing a com14 pany, organization, enterprise or similar 

15 entity engaged in the construction of off16 shore facilities. 

17 ‘‘(v) 1 member representing a com18 pany, organization, enterprise or similar 

19 entity providing diving services to the off20 shore industry. 

21 ‘‘(vi) 1 member representing a com22 pany, organization, enterprise or similar 

23 entity providing safety and training serv24 ices to the offshore industry. 


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1 ‘‘(vii) 1 member representing a com2 pany, organization, enterprise or similar 

3 entity providing subsea engineering, con4 struction or remotely operated vehicle sup5 port to the offshore industry. 

6 ‘‘(viii) 2 members representing employ7 ees of companies, organizations, enterprises 

8 or similar entities engaged in offshore oper9 ations, 1 of whom should have recent prac10 tical experience on vessels or units involved 

11 in the offshore industry. 

12 ‘‘(ix) 1 member representing a com13 pany, organization, enterprise or similar 

14 entity providing environmental protection, 

15 compliance or response services to the off16 shore industry. 

17 ‘‘(x) 1 member representing a com18 pany, organization, enterprise or similar 

19 entity engaged in offshore oil exploration or 

20 production on the Outer Continental Shelf 

21 of Alaska. 

22 ‘‘(C) ADDITIONAL MEMBER.—1 member of 

23 the Committee shall represent the general public. 


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1 ‘‘(3) STATUS OF MEMBERS.—For the purposes of 

2 Federal law, including the Ethics in Government Act 

3 of 1978 and chapter 11 of title 18— 

4 ‘‘(A) a member of the Committee, whom the 

5 Secretary appoints to represent the point of view 

6 of an entity or group set out in paragraph 

7 (2)(C), is hereby deemed a representative of the 

8 member’s respective special interest entity or 

9 group, and not a special Government employee 

10 (as defined in section 202(a) of title 18); and 

11 ‘‘(B) a member of the Committee, whom the 

12 Secretary appoints to represent the general pub13 lic, is hereby deemed a special Government em14 ployee (as defined in section 202(a) of title 18). 

15 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 

16 ‘‘(A) NOMINATIONS.—As necessary, the Sec17 retary shall publish, in the Federal Register, a 

18 notice soliciting nominations for membership on 

19 the Committee. 

20 ‘‘(B) APPOINTMENTS.— 

21 ‘‘(i) IN GENERAL.—After timely notice 

22 is published, the Secretary shall, as nec23 essary, appoint members to the Committee. 

24 ‘‘(ii) LIMITATIONS.—The Secretary 

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1 formation concerning the political affili2 ation of a nominee in making an appoint3 ment to the Committee. 

4 ‘‘(iii) REAPPOINTMENTS.—The Sec5 retary may reappoint a member to the 

6 Committee more than once. 

7 ‘‘(C) SERVICE.—Each member of the Com8 mittee shall serve at the pleasure of the Sec9 retary. 

10 ‘‘(5) TERM; VACANCY.— 

11 ‘‘(A) TERM.— 

12 ‘‘(i) IN GENERAL.—The term of each 

13 member of the Committee shall expire on 

14 December 31 of the third full year after the 

15 effective date of the appointment. 

16 ‘‘(ii) EXTENSIONS.—Notwithstanding 

17 clause (i), paragraph (4), or any other pro18 vision of law or policy, the Commandant 

19 (or the Commandant’s designee) may extend 

20 the term of a member of the Committee to 

21 December 31 of the fifth full year after the 

22 effective date of the appointment. 

23 ‘‘(iii) VACANCY.—In the case of an ap24 pointment to fill a vacancy on the ComVerDate Sep 11 2014 22:27 Jun 05, 2017 Jkt 069200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6203 E:\BILLS\S1129.RS S1129

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1 mittee, the Secretary shall appoint an indi2 vidual for a full term. 

3 ‘‘(6) CHAIRPERSON; VICE CHAIRPERSON.— 

4 ‘‘(A) IN GENERAL.—The Commandant (or 

5 the Commandant’s designee) shall designate one 

6 member of the Committee as the Chairperson 

7 and another member of the Committee as the 

8 Vice Chairperson, both of whom shall serve in 

9 such capacity at the pleasure of the Com10 mandant (or the Commandant’s designee) and 

11 for a term to be fixed by the Commandant (or 

12 the Commandant’s designee). 

13 ‘‘(B) RECOMMENDATIONS.—The Com14 mandant (or the Commandant’s designee) may 

15 solicit, from the Committee, recommendations 

16 with regard to the members whom the Com17 mandant (or the Commandant’s designee) shall 

18 designate as the Chairperson and the Vice Chair19 person. 

20 ‘‘(C) VACANCY.—The Vice Chairperson shall 

21 act as Chairperson in the absence or incapacity 

22 of, or in the event of a vacancy in the office of, 

23 the Chairperson. 

24 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

25 Commandant (or the Commandant’s designee) shall 


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1 designate a Designated Federal Officer to the Com2 mittee in accordance with the Federal Advisory Com3 mittee Act (5 U.S.C. App.). 

4 ‘‘(d) FEDERAL ADVISORY COMMITTEE ACT; TERMI5 NATION.— 

6 ‘‘(1) FACA.—The Federal Advisory Committee 

7 Act (5 U.S.C. App.) shall apply to the Committee. 

8 ‘‘(2) TERMINATION.—The Committee shall termi9 nate on September 30, 2027. 

10 ‘‘§ 711. Navigation Safety Advisory Council 

11 ‘‘(a) ESTABLISHMENT.—There is established a Naviga12 tion Safety Advisory Council (referred to in this section as 

13 the ‘Council’). 

14 ‘‘(b) FUNCTION.—The Council, acting through the 

15 Commandant (or the Commandant’s designee), is author16 ized to advise, consult with, report to, and make rec17 ommendations to the Secretary on matters relating to mari18 time collisions, rammings and groundings, Inland Rules of 

19 the Road, International Rules of the Road, navigation regu20 lations and equipment, routing measures, marine informa21 tion, and aids to navigation systems. 

22 ‘‘(c) ORGANIZATION.— 

23 ‘‘(1) MEETING.—The Council shall, at least once 

24 each calendar year, meet at the call of the Com25 mandant (or the Commandant’s designee). 


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1 ‘‘(2) MEMBERSHIP.— 

2 ‘‘(A) IN GENERAL.—The Council shall con3 sist of not more than 21 members. 

4 ‘‘(B) EXPERIENCE.—Each member of the 

5 Council shall have expertise in Inland and Inter6 national vessel navigation Rules of the Road, 

7 aids to maritime navigation, maritime law, ves8 sel safety, or port safety. 

9 ‘‘(C) POINTS OF VIEW.—Each member of 

10 the Council shall represent the point of view of 

11 one of the following entities or groups: 

12 ‘‘(i) Commercial vessel owners or oper13 ators. 

14 ‘‘(ii) Professional mariners. 

15 ‘‘(iii) Recreational boaters. 

16 ‘‘(iv) State agencies responsible for ves17 sel or port safety. 

18 ‘‘(v) The Maritime Law Association. 

19 ‘‘(3) STATUS OF MEMBERS.—For the purposes of 

20 Federal law, including the Ethics in Government Act 

21 of 1978 and chapter 11 of title 18, each member of 

22 the Council is hereby deemed a representative of the 

23 member’s respective special interest entity or group, 

24 and not a special Government employee (as defined in 

25 section 202(a) of title 18). 


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1 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 

2 ‘‘(A) NOMINATIONS.—As necessary, the Sec3 retary shall publish, in the Federal Register, a 

4 notice soliciting nominations for membership on 

5 the Council. 

6 ‘‘(B) APPOINTMENTS.— 

7 ‘‘(i) IN GENERAL.—After timely notice 

8 is published, the Secretary shall, as nec9 essary, appoint members to the Council. 

10 ‘‘(ii) LIMITATIONS.—The Secretary 

11 may not seek, consider, or otherwise use in12 formation concerning the political affili13 ation of a nominee in making an appoint14 ment to the Council. 

15 ‘‘(iii) REAPPOINTMENTS.—The Sec16 retary may reappoint a member to the 

17 Council more than once. 

18 ‘‘(C) SERVICE.—Each member of the Coun19 cil shall serve at the pleasure of the Secretary. 

20 ‘‘(5) TERM; VACANCY.— 

21 ‘‘(A) TERM.— 

22 ‘‘(i) IN GENERAL.—The term of each 

23 member of the Council shall expire on De24 cember 31 of the third full year after the ef25 fective date of the appointment. 


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1 ‘‘(ii) EXTENSIONS.—Notwithstanding 

2 clause (i), paragraph (4), or any other pro3 vision of law or policy, the Commandant 

4 (or the Commandant’s designee) may extend 

5 the term of a member of the Council to De6 cember 31 of the fifth full year after the ef7 fective date of the appointment. 

8 ‘‘(iii) REAPPOINTMENTS.—In the case 

9 of an appointment to fill a vacancy on the 

10 Council, the Secretary shall appoint an in11 dividual for a full term. 

12 ‘‘(6) CHAIRPERSON; VICE CHAIRPERSON.— 

13 ‘‘(A) IN GENERAL.—The Commandant (or 

14 the Commandant’s designee) shall designate 1 

15 member of the Council as the Chairperson and 

16 another member of the Council as the Vice Chair17 person, both of whom shall serve in such capacity 

18 at the pleasure of the Commandant (or the Com19 mandant’s designee) and for a term to be fixed 

20 by the Commandant (or the Commandant’s des21 ignee). 

22 ‘‘(B) RECOMMENDATIONS.—The Com23 mandant (or the Commandant’s designee) may 

24 solicit, from the Council, recommendations with 

25 regard to the members whom the Commandant 


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1 (or the Commandant’s designee) shall designate 

2 as the Chairperson and the Vice Chairperson. 

3 ‘‘(C) VACANCY.—The Vice Chairperson shall 

4 act as Chairperson in the absence or incapacity 

5 of, or in the event of a vacancy in the office of, 

6 the Chairperson. 

7 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

8 Commandant (or the Commandant’s designee) shall 

9 designate a Designated Federal Officer to the Council 

10 in accordance with the Federal Advisory Committee 

11 Act (5 U.S.C. App.). 

12 ‘‘(d) FEDERAL ADVISORY COMMITTEE ACT; TERMI13 NATION.— 

14 ‘‘(1) FACA.—The Federal Advisory Committee 

15 Act (5 U.S.C. App.) shall apply to the Council. 

16 ‘‘(2) TERMINATION.—The Council shall termi17 nate on September 30, 2027. 

18 ‘‘§ 712. Towing Safety Advisory Committee 

19 ‘‘(a) ESTABLISHMENT.—There is established a Towing 

20 Safety Advisory Committee (referred to in this section as 

21 the ‘Committee’). 

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

23 Commandant (or the Commandant’s designee), is author24 ized to advise, consult with, report to, and make rec25 ommendations to the Secretary on matters relating to shalVerDate Sep 11 2014 22:27 Jun 05, 2017 Jkt 069200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6203 E:\BILLS\S1129.RS S1129

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1 low-draft inland navigation, coastal waterway navigation, 

2 and towing safety. 

3 ‘‘(c) ORGANIZATION.— 

4 ‘‘(1) MEETING.—The Committee shall, at least 

5 once each calendar year, meet at the call of the Com6 mandant (or the Commandant’s designee). 

7 ‘‘(2) MEMBERSHIP.— 

8 ‘‘(A) IN GENERAL.—The Committee shall 

9 consist of 18 members. 

10 ‘‘(B) EXPERIENCE.—Each member of the 

11 Committee shall have particular expertise, 

12 knowledge, and experience regarding— 

13 ‘‘(i) shallow-draft inland navigation or 

14 coastal waterway navigation; and 

15 ‘‘(ii) towing safety. 

16 ‘‘(C) POINTS OF VIEW.—Except as provided 

17 in subparagraph (D), each member of the Com18 mittee shall represent the point of view of an en19 tity or group, as follows: 

20 ‘‘(i) 7 members representing the barge 

21 and towing industry, reflecting a regional 

22 geographic balance. 

23 ‘‘(ii) 1 member representing the off24 shore mineral and oil supply vessel indus25 try. 


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1 ‘‘(iii) 1 member representing Masters 

2 or Pilots of towing vessels who have experi3 ence on the Western Rivers and the Gulf In4 tracoastal Waterway. 

5 ‘‘(iv) 1 member representing Masters of 

6 towing vessels who have experience in off7 shore service. 

8 ‘‘(v) 1 member representing Masters of 

9 towing vessels who have experience in har10 bor-assist operations. 

11 ‘‘(vi) 1 member representing towing 

12 vessel engineers. 

13 ‘‘(vii) 2 members representing port dis14 tricts, authorities, or terminal operators. 

15 ‘‘(viii) 1 member representing shippers. 

16 ‘‘(ix) 1 member representing shippers 

17 who are engaged in the chartering or ship18 ping of oil or hazardous materials by barge. 

19 ‘‘(D) ADDITIONAL MEMBERS.—2 members of 

20 the Committee shall represent the general public. 

21 ‘‘(3) STATUS OF MEMBERS.—For the purposes of 

22 Federal law, including the Ethics in Government Act 

23 of 1978 and chapter 11 of title 18— 

24 ‘‘(A) a member of the Committee, whom the 

25 Secretary appoints to represent the point of view 


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1 of an entity or group set out in paragraph 

2 (2)(C), is hereby deemed a representative of the 

3 member’s respective special interest entity or 

4 group, and not a special Government employee 

5 (as defined in section 202(a) of title 18); and 

6 ‘‘(B) a member of the Committee, whom the 

7 Secretary appoints to represent the general pub8 lic, is hereby deemed a special Government em9 ployee (as defined in section 202(a) of title 18). 

10 ‘‘(4) NOMINATIONS; APPOINTMENTS; SERVICE.— 

11 ‘‘(A) NOMINATIONS.—As necessary, the Sec12 retary shall publish, in the Federal Register, a 

13 notice soliciting nominations for membership on 

14 the Committee. 

15 ‘‘(B) APPOINTMENTS.— 

16 ‘‘(i) IN GENERAL.—After timely notice 

17 is published, the Secretary shall, as nec18 essary, appoint members to the Committee. 

19 ‘‘(ii) LIMITATIONS.—The Secretary 

20 may not seek, consider, or otherwise use in21 formation concerning the political affili22 ation of an individual in making an ap23 pointment to the Committee. 


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1 ‘‘(iii) REAPPOINTMENTS.—The Sec2 retary may reappoint a member to the 

3 Committee more than once. 

4 ‘‘(C) SERVICE.—Each member of the Com5 mittee shall serve at the pleasure of the Sec6 retary. 

7 ‘‘(5) TERM; VACANCY.— 

8 ‘‘(A) TERM.— 

9 ‘‘(i) IN GENERAL.—The term of each 

10 member of the Committee shall expire on 

11 December 31 of the third full year after the 

12 effective date of the appointment. 

13 ‘‘(ii) EXTENSIONS.—Notwithstanding 

14 clause (i), paragraph (4), or any other pro15 vision of law or policy, the Commandant 

16 (or the Commandant’s designee) may extend 

17 the term of a member of the Committee to 

18 December 31 of the fifth full year after the 

19 effective date of the appointment. 

20 ‘‘(iii) VACANCY.—In the case of an ap21 pointment to fill a vacancy on the Com22 mittee, the Secretary shall appoint an indi23 vidual for a full term. 

24 ‘‘(6) CHAIRPERSON; VICE CHAIRPERSON.— 


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1 ‘‘(A) IN GENERAL.—The Commandant (or 

2 the Commandant’s designee) shall designate 1 

3 member of the Committee as the Chairperson 

4 and another member of the Committee as the 

5 Vice Chairperson, both of whom shall serve in 

6 such capacity at the pleasure of the Com7 mandant (or the Commandant’s designee) and 

8 for a term to be fixed by the Commandant (or 

9 the Commandant’s designee). 

10 ‘‘(B) RECOMMENDATIONS.—The Com11 mandant (or the Commandant’s designee) may 

12 solicit, from the Committee, recommendations 

13 with regard to the members whom the Com14 mandant (or the Commandant’s designee) shall 

15 designate as the Chairperson and the Vice Chair16 person. 

17 ‘‘(C) VACANCY.—The Vice Chairperson shall 

18 act as Chairperson in the absence or incapacity 

19 of, or in the event of a vacancy in the office of, 

20 the Chairperson. 

21 ‘‘(7) DESIGNATED FEDERAL OFFICER.—The 

22 Commandant (or the Commandant’s designee) shall 

23 designate a Designated Federal Officer to the Com24 mittee in accordance with the Federal Advisory Com25 mittee Act (5 U.S.C. App.). 


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1 ‘‘(d) CONSULTATION.—The Commandant (or the Com2 mandant’s designee) shall, whenever practicable, consult 

3 with the Committee before taking any significant action af4 fecting shallow-draft inland navigation, coastal waterway 

5 navigation, and towing safety. 

6 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT; TERMI7 NATION.— 

8 ‘‘(1) FACA.—The Federal Advisory Committee 

9 Act (5 U.S.C. App.) shall apply to the Committee. 

10 ‘‘(2) TERMINATION.—The Committee shall termi11 nate on September 30, 2027.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) TABLE OF CHAPTERS.—The table of chapters 

14 for subtitle I of title 46, United States Code, is 

15 amended by adding at the end the following: 

‘‘7. Coast Guard advisory committees ........................................................... 701.’’ 

16 (2) COMMERCIAL FISHING SAFETY ADVISORY

17 COMMITTEE.— 

18 (A) REPEAL.—Section 4508 of title 46, 

19 United States Code, is repealed. 

20 (B) TABLE OF CONTENTS.—The table of 

21 contents of chapter 45 of title 46, United States 

22 Code, is amended by striking the item relating to 

23 section 4508. 

24 (3) GREAT LAKES PILOTAGE ADVISORY COM25 MITTEE.— 


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1 (A) REPEAL.—Section 9307 of title 46, 

2 United States Code, is repealed. 

3 (B) TABLE OF CONTENTS.—The table of 

4 contents of chapter 93 of title 46, United States 

5 Code, is amended by striking the item relating to 

6 section 9307. 

7 (4) LOWER MISSISSIPPI RIVER WATERWAY SAFE8 TY ADVISORY COMMITTEE.—Section 19 of the Coast 

9 Guard Authorization Act of 1991 (Public Law 102– 

10 241; 105 Stat. 2215) is repealed. 

11 (5) MERCHANT MARINE PERSONNEL ADVISORY

12 COMMITTEE.— 

13 (A) REPEAL.—Section 8108 of title 46, 

14 United States Code, is repealed. 

15 (B) TABLE OF CONTENTS.—The table of 

16 contents of chapter 81 of title 46, United States 

17 Code, is amended by striking the item relating to 

18 section 8108. 

19 (6) MERCHANT MARINER MEDICAL ADVISORY

20 COMMITTEE.— 

21 (A) REPEAL.—Section 7115 of title 46, 

22 United States Code, is repealed. 

23 (B) TABLE OF CONTENTS.—The table of 

24 contents of chapter 71 of title 46, United States 


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1 Code, is amended by striking the item relating to 

2 section 7115. 

3 (7) NATIONAL BOATING SAFETY ADVISORY COUN4 CIL.— 

5 (A) REPEAL.—Section 13110 of title 46, 

6 United States Code, is repealed. 

7 (B) TABLE OF CONTENTS.—The table of 

8 contents of chapter 131 of title 46, United States 

9 Code, is amended by striking the item relating to 

10 section 13110. 

11 (C) TECHNICAL AMENDMENT.—Section 

12 4302(c)(4) of title 46, United States Code, is 

13 amended by striking ‘‘13110’’ and inserting 

14 ‘‘708’’. 

15 (8) NATIONAL MARITIME SECURITY ADVISORY

16 COMMITTEE.—Section 109(a)(1) of the Maritime 

17 Transportation Security Act of 2002 (46 U.S.C. 

18 70101 note) is amended by striking ‘‘section 70112 of 

19 title 46, United States Code, as amended by this Act’’ 

20 and inserting ‘‘section 709 of title 46, United States 

21 Code’’. 

22 (9) NAVIGATION SAFETY ADVISORY COUNCIL.— 

23 Section 5 of the Inland Navigational Rules Act of 

24 1980 (33 U.S.C. 2073) is repealed. 


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1 (10) TOWING SAFETY ADVISORY COMMITTEE.— 

2 The Act to establish a Towing Safety Advisory Com3 mittee in the Department of Transportation, ap4 proved October 6, 1980, (33 U.S.C. 1231a) is re5 pealed. 

6 (c) AREA MARITIME SECURITY ADVISORY COMMIT7 TEES.— 

8 (1) IN GENERAL.—Section 70112 of title 46, 

9 United States Code, is amended— 

10 (A) in the heading, by striking ‘‘Mari11 time Security Advisory Committees’’ 

12 and inserting ‘‘Area Maritime Security 

13 Advisory Committees’’; 

14 (B) by amending subsection (a) to read as 

15 follows: 

16 ‘‘(a) ESTABLISHMENT OF COMMITTEES.— 

17 ‘‘(1) The Secretary may— 

18 ‘‘(A) establish an Area Maritime Security 

19 Advisory Committee for any port area of the 

20 United States; and 

21 ‘‘(B) request an Area Maritime Security 

22 Committee to review the proposed Area Maritime 

23 Transportation Security Plan developed under 

24 section 70103(b) and make recommendations to 


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1 the Secretary that the Committee considers ap2 propriate. 

3 ‘‘(2) Each Area Maritime Security Advisory 

4 Committee— 

5 ‘‘(A) may advise, consult with, report to, 

6 and make recommendations to the Secretary on 

7 matters relating to maritime security in that 

8 area; 

9 ‘‘(B) may make available to the Congress 

10 recommendations that the Committee makes to 

11 the Secretary; and 

12 ‘‘(C) shall meet at the call of— 

13 ‘‘(i) the Secretary, who shall call such 

14 a meeting at least once during each cal15 endar year; or 

16 ‘‘(ii) a majority of the Committee.’’; 

17 (C) in subsection (b)— 

18 (i) in paragraph (1), by striking ‘‘of 

19 the committees’’ and inserting ‘‘Area Mari20 time Security Advisory Committee’’; 

21 (ii) in paragraph (3)— 

22 (I) by striking ‘‘such a com23 mittee’’ and inserting ‘‘an Area Mari24 time Security Advisory Committee’’; 

25 and 


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1 (II) by striking ‘‘the committee’’ 

2 and inserting ‘‘an Area Maritime Se3 curity Advisory Committee’’; 

4 (iii) in paragraph (4), by striking ‘‘the 

5 Committee’’ and inserting ‘‘an Area Mari6 time Security Advisory Committee’’; and 

7 (iv) in paragraph (5)— 

8 (I) by striking subparagraph (A); 

9 and 

10 (II) in subparagraph (B), by 

11 striking ‘‘(B)’’ and indenting appro12 priately; 

13 (D) in subsection (c)(1), by striking ‘‘com14 mittee’’ and inserting ‘‘Area Maritime Security 

15 Advisory Committee’’; 

16 (E) by striking subsection (d); 

17 (F) by redesignating subsections (e), (f), 

18 and (g) as subsections (d), (e), and (f), respec19 tively; 

20 (G) in subsection (d), as redesignated— 

21 (i) by striking ‘‘the Committee’’ and 

22 inserting ‘‘an Area Maritime Security Ad23 visory Committee’’; and 

24 (ii) by striking the period at the end 

25 and inserting ‘‘for an area.’’; 


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1 (H) in subsection (e), as redesignated— 

2 (i) in paragraph (1), by striking ‘‘a 

3 committee’’ and inserting ‘‘an Area Mari4 time Security Advisory Committee’’; and 

5 (ii) in paragraph (2), by striking 

6 ‘‘such a committee’’ and inserting ‘‘an Area 

7 Maritime Security Advisory Committee’’; 

8 and 

9 (I) by amending subsection (f), as redesig10 nated, to read as follows: 

11 ‘‘(f) FEDERAL ADVISORY COMMITTEE ACT; TERMI12 NATION DATE.— 

13 ‘‘(1) FACA.—The Federal Advisory Committee 

14 Act (5 U.S.C. App.) does not apply to Area Maritime 

15 Security Advisory Committees established under this 

16 section. 

17 ‘‘(2) TERMINATION.—The Area Maritime Secu18 rity Advisory Committees shall terminate on Sep19 tember 30, 2027.’’. 

20 (d) TABLE OF CONTENTS.—The table of contents of 

21 chapter 701 of title 46, United States Code, is amended in 

22 the item relating to section 70112 by striking ‘‘Maritime 

23 Security Advisory Committees’’ and inserting ‘‘Area Mari24 time Security Advisory Committees’’. 


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1 (e) HOUSTON-GALVESTON NAVIGATION SAFETY ADVI2 SORY COMMITTEE; REPEAL.—Section 18 of the Coast 

3 Guard Authorization Act of 1991 (Public Law 102–241; 

4 105 Stat. 2213) is repealed. 

5 (f) TRANSITION OF COAST GUARD ADVISORY COMMIT6 TEES.— 

7 (1) IN GENERAL.—Notwithstanding the amend8 ments made under subsections (b) and (c) of this sec9 tion, an advisory committee described in paragraph 

10 (2) of this subsection shall continue to be subject to 

11 the requirements under law to which such advisory 

12 committee was subject as in effect on the day before 

13 the date of enactment of this Act, including its char14 ter, and the members appointed to such advisory com15 mittee shall continue to serve pursuant thereto, until 

16 the Secretary of the department in which the Coast 

17 Guard is operating makes the applicable appoint18 ments under sections 702 through 712 of title 46, 

19 United States Code. 

20 (2) COAST GUARD ADVISORY COMMITTEES.—An 

21 advisory committee described in this paragraph is as 

22 follows: 

23 (A) Chemical Transportation Advisory 

24 Committee. 


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1 (B) Commercial Fishing Safety Advisory 

2 Committee established under section 4508 of title 

3 46, United States Code. 

4 (C) Great Lakes Pilotage Advisory Com5 mittee established under section 9307 of title 46, 

6 United States Code. 

7 (D) Lower Mississippi River Waterway 

8 Safety Advisory Committee established under 

9 section 19 of the Coast Guard Authorization Act 

10 of 1991 (Public Law 102–241; 105 Stat. 2215). 

11 (E) Merchant Marine Personnel Advisory 

12 Committee established under section 8108 of title 

13 46, United States Code. 

14 (F) Merchant Mariner Medical Advisory 

15 Committee established under section 7115 of title 

16 46, United States Code. 

17 (G) National Boating Safety Advisory 

18 Council established under section 13110 of title 

19 46, United States Code. 

20 (H) National Maritime Security Advisory 

21 Committee established under section 70112 of 

22 title 46, United States Code. 

23 (I) National Offshore Safety Advisory Com24 mittee. 


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1 (J) Navigation Safety Advisory Council es2 tablished under section 5 of the Inland Naviga3 tional Rules Act of 1980 (33 U.S.C. 2073). 

4 (K) Towing Safety Advisory Committee es5 tablished under the Act entitled the ‘‘Act to es6 tablish a Towing Safety Advisory Committee in 

7 the Department of Transportation’’, approved 

8 October 6, 1980 (33 U.S.C. 1231a). 

9 (3) DEADLINE.—Not later than 2 years after the 

10 date of enactment of this Act, the Secretary of the de11 partment in which the Coast Guard is operating shall 

12 make the appointments, and file any necessary char13 ters, under sections 702 through 712 of title 46, 

14 United States Code. 

15 SEC. 302. CLARIFICATION OF LOGBOOK AND ENTRY RE16 QUIREMENTS. 

17 Section 11304 of title 46, United States Code, is 

18 amended— 

19 (1) in subsection (a)— 

20 (A) by striking ‘‘an official logbook, which’’ 

21 and inserting ‘‘a logbook, which may be in any 

22 form, including electronic, and’’; and 

23 (B) by inserting ‘‘or a ferry, passenger ves24 sel, or small passenger vessel (as those terms are 

25 defined in section 2101)’’ after ‘‘Canada’’; and 


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1 (2) in subsection (b)— 

2 (A) in the matter preceding paragraph (1), 

3 by striking ‘‘log book’’ and inserting ‘‘logbook’’; 

4 and 

5 (B) by amending paragraph (3) to read as 

6 follows: 

7 ‘‘(3) Each illness or injury, the nature of the ill8 ness or injury, and any medical treatment adminis9 tered.’’. 

10 SEC. 303. TECHNICAL AMENDMENTS; LICENSES, CERTIFI11 CATIONS OF REGISTRY, AND MERCHANT MAR12 INER DOCUMENTS. 

13 Part E of subtitle II of title 46, United States Code, 

14 is amended— 

15 (1) in section 7106(b), by striking ‘‘merchant 

16 mariner’s document’’ and inserting ‘‘license’’; 

17 (2) in section 7107(b), by striking ‘‘merchant 

18 mariner’s document’’ and inserting ‘‘certificate of reg19 istry’’; and 

20 (3) in section 7507(b)— 

21 (A) in paragraph (1), by striking ‘‘licenses 

22 or certificates of registry’’ and inserting ‘‘mer23 chant mariner documents’’; and 


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1 (B) in paragraph (2), by striking ‘‘a mer2 chant mariner’s document’’ and inserting ‘‘a li3 cense or a certificate of registry.’’. 

4 SEC. 304. NUMBERING FOR UNDOCUMENTED BARGES. 

5 Chapter 121 of title 46, United States Code, is amend6 ed— 

7 (1) in section 12102— 

8 (A) in subsection (c), by adding at the end 

9 the following: ‘‘The Secretary may require such 

10 an undocumented barge more than 100 gross 

11 tons operating on the navigable waters of the 

12 United States to be numbered under chapter 123 

13 of this title.’’; and 

14 (B) in subsection (d), by striking ‘‘Sec15 retary of Transportation’’ and inserting ‘‘Sec16 retary of the department in which the Coast 

17 Guard is operating’’; and 

18 (2) in section 12301— 

19 (A) by striking subsection (b); and 

20 (B) by striking the subsection designation 

21 in subsection (a) and indenting appropriately. 

22 SEC. 305. EQUIPMENT REQUIREMENTS; EXEMPTION FROM 

23 THROWABLE PERSONAL FLOTATION DEVICES. 

24 Not later than 180 days after the date of enactment 

25 of this Act, the Secretary of the department in which the 


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1 Coast Guard is operating shall revise section 175.17 of title 

2 33, Code of Federal Regulations, to exempt paddleboards 

3 and rafts from the requirement for carriage of an additional 

4 throwable personal flotation device if each person is re5 quired to wear a personal flotation device while under way 

6 and at least 1 rescue throw bag, as typically used in white7 water rafting, is on board. 

8 SEC. 306. ENSURING MARITIME COVERAGE. 

9 In order to meet all of the mission requirements of its 

10 maritime response program, as the Coast Guard recapital11 izes assets, it shall ensure continuity of the coverage cur12 rently provided by that program to locations that may lose 

13 assets. 

14 SEC. 307. DEADLINE FOR COMPLIANCE WITH ALTERNATE 

15 SAFETY COMPLIANCE PROGRAM. 

16 (a) IN GENERAL.—Section 4503(d) of title 46, United 

17 States Code, is amended— 

18 (1) in paragraph (1), by striking ‘‘After Janu19 ary 1, 2020,’’ and all that follows through ‘‘the Sec20 retary, if’’ and inserting ‘‘Subject to paragraph (3), 

21 beginning on the date that is 3 years after the date 

22 that the Secretary prescribes an alternate safety com23 pliance program, a fishing vessel, fish processing ves24 sel, or fish tender vessel to which section 4502(b) of 


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1 this title applies shall comply with the alternate safe2 ty compliance program if’’; 

3 (2) in paragraph (2), by striking ‘‘establishes 

4 standards for an alternate safety compliance pro5 gram, shall comply with such an alternative safety 

6 compliance program that is developed in cooperation 

7 with the commercial fishing industry and prescribed 

8 by the Secretary’’ and inserting ‘‘prescribes an alter9 nate safety compliance program under paragraph (1), 

10 shall comply with the alternate safety compliance 

11 program’’; and 

12 (3) by amending paragraph (3) to read as fol13 lows: 

14 ‘‘(3) For purposes of paragraph (1), a separate 

15 alternate safety compliance program may be devel16 oped for a specific region or specific fishery.’’. 

17 (b) FINAL RULE.—Not later than 1 year after the date 

18 of enactment of this Act, the Secretary of the department 

19 in which the Coast Guard is operating shall issue a final 

20 rule implementing the alternate safety compliance pro21 grams under section 4503 of title 46, United States Code, 

22 as amended by subsection (a) of this section. 


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1 SEC. 308. FISHING, FISH TENDER, AND FISH PROCESSING 

2 VESSEL CERTIFICATION. 

3 (a) NONAPPLICATION.—Section 4503(c)(2)(A) of title 

4 46, United States Code, is amended by striking ‘‘79’’ and 

5 inserting ‘‘180’’. 

6 (b) DETERMINING WHEN KEEL IS LAID.—Section 

7 4503 of title 46, United States Code, is amended— 

8 (1) by redesignating subsection (g) as subsection 

9 (h); and 

10 (2) by inserting after subsection (f) the following: 

11 ‘‘(g) For purposes of this section, a keel is laid when 

12 a structure, adequate of serving as a keel for a vessel greater 

13 than 79 feet in length is identified for use in the construc14 tion of a specific vessel and is so affirmed by a marine 

15 surveyor.’’. 

16 SEC. 309. TERMINATION OF UNSAFE OPERATIONS; TECH17 NICAL AMENDMENT. 

18 Section 4505 of title 46, United States Code, is amend19 ed by striking ‘‘4503(1)’’ and inserting ‘‘4503(a)’’. 

20 SEC. 310. INSTALLATION AND USE OF ENGINE CUT-OFF 

21 SWITCHES ON RECREATIONAL VESSEL. 

22 (a) USE OF ENGINE CUT-OFF SWITCH LINKS.— 

23 (1) REQUIREMENT.—The Secretary of the de24 partment in which the Coast Guard is operating shall 

25 revise the regulations under part 175 of title 33, Code 

26 of Federal Regulations, to prohibit a person from opVerDate Sep 11 2014 22:27 Jun 05, 2017 Jkt 069200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6203 E:\BILLS\S1129.RS S1129

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1 erating a recreational vessel 25 feet or less in length 

2 unless— 

3 (A) the person is wearing an engine cut-off 

4 switch link while operating on plane or above 

5 displacement speed; and 

6 (B) the engine cut-off switch is factory 

7 equipped on the primary propulsion machinery. 

8 (2) EXCEPTIONS.—The requirement under para9 graph (1) shall not apply to the following: 

10 (A) A vessel 25 feet or less in length whose 

11 main helm is installed within an enclosed cabin 

12 that would protect an operator from being 

13 thrown overboard should the operator be dis14 placed from the helm. 

15 (B) A vessel with propulsion machinery de16 veloping static thrust of less than 115 pounds or 

17 3 horsepower. 

18 (C) A vessel without factory equipped en19 gine cut-off switches. 

20 (b) INSTALLATION OF ENGINE CUT-OFF SWITCHES.— 

21 The Secretary of the department in which the Coast Guard 

22 is operating shall revise the regulations under part 183 of 

23 title 33, Code of Federal Regulations, to require an equip24 ment manufacturer, distributor, or dealer that installs pro25 pulsion machinery and associate starting controls on a recVerDate Sep 11 2014 22:27 Jun 05, 2017 Jkt 069200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6203 E:\BILLS\S1129.RS S1129

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1 reational vessel 25 feet or less in length and capable of devel2 oping at least 115 pounds of static thrust to install an en3 gine cut-off switch on such recreational vessel in accordance 

4 with the American Boat and Yacht Standard A–33, as 

5 amended. 

6 (c) PENALTY.—A person that violates a regulation pro7 mulgated under subsection (a)(1) of this section shall be 

8 subject to a civil penalty under section 4311 of title 46, 

9 United States Code, not to exceed— 

10 (1) $100 for the first offense; 

11 (2) $250 for the second offense; and 

12 (3) $500 for any subsequent offense. 

13 (d) PREEMPTION.—In accordance with section 4306 of 

14 title 46, United States Code, a State may not establish, con15 tinue in effect, or enforce any law or regulation addressing 

16 engine cut-off switch requirements that is not identical to 

17 a regulation prescribed under this section. 

18 (e) DEFINITIONS.—In this section: 

19 (1) ENGINE CUT-OFF SWITCH.—The term ‘‘en20 gine cut-off switch’’ means a mechanical or electronic 

21 device that is connected to propulsion machinery that 

22 will stop propulsion if— 

23 (A) the switch is not properly connected; or 


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1 (B) the switch components are submerged in 

2 water or separated from the switch by a pre3 determined distance. 

4 (2) ENGINE CUT-OFF SWITCH LINK.—The term 

5 ‘‘engine cut-off switch link’’ means the equipment at6 tached to the recreational vessel operator and which 

7 activates the engine cut-off switch. 

8 (f) EFFECTIVE DATES.—A regulation prescribed under 

9 this section shall specify an effective date that is not earlier 

10 than 1 year from the date the regulation was published. 

11 SEC. 311. VISUAL DISTRESS SIGNALS AND ALTERNATIVE 

12 USE. 

13 (a) IN GENERAL.—The Secretary of the department in 

14 which the Coast Guard is operating shall develop a perform15 ance standard for the alternative use and possession of vis16 ual distress signals as mandated by carriage requirements 

17 for recreational boats in subpart C of part 175 of title 33, 

18 Code of Federal Regulations. 

19 (b) REGULATIONS.—Not later than 180 days after the 

20 performance standard for alternative use and possession of 

21 a visual distress signal is finalized, the Secretary shall re22 vise part 175 of title 33, Code of Federal Regulations, to 

23 allow for carriage of such alternative signal devices. 

24 (c) EPIRBS AND PLBS.—In revising the regulations 

25 under subsection (b), the Secretary shall allow use of posiVerDate Sep 11 2014 22:27 Jun 05, 2017 Jkt 069200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6203 E:\BILLS\S1129.RS S1129

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1 tion indicating radio beacons (EPIRBs) or Personal Locat2 ing Devices (PLBs) of 406 megahertz, operating on the 

3 COSPAS–SARSAT system, to meet the alternative carriage 

4 requirements for recreational boats under subpart C of part 

5 175 of title 33, Code of Federal Regulations. 

6 SEC. 312. RENEWAL PERIOD FOR DOCUMENTED REC7 REATIONAL VESSELS. 

8 Section 12114 of title 46, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(d) ISSUANCE OF CERTIFICATE OF DOCUMENTA11 TION.—The Secretary of the department in which the Coast 

12 Guard is operating is authorized to issue certificates of doc13 umentation with effective periods of 1 year, 2 years, 3 years, 

14 4 years, or 5 years. 

15 ‘‘(1) PHASED IN ISSUANCE OF CERTIFICATES.— 

16 ‘‘(A) In fiscal year 2019, vessel owners or 

17 operators with vessel documentation numbers 

18 ending in 0, 1, 2, 3 shall be qualified to apply 

19 for a renewal certificate of documentation with 

20 an effective period of 5 years. Alternatively, ves21 sel owners or operators with vessel documenta22 tion numbers ending in 0, 1, 2, 3 may elect to 

23 apply for a renewal certificate of documentation 

24 with an effective period of 1 year, 2 years, 3 

25 years, or 4 years. All other vessel owners and opVerDate Sep 11 2014 22:27 Jun 05, 2017 Jkt 069200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6203 E:\BILLS\S1129.RS S1129

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1 erators shall be qualified to apply for an initial 

2 or renewal certificate with an effective period of 

3 1 year. 

4 ‘‘(B) In fiscal year 2020, vessel owners or 

5 operators with vessel documentation numbers 

6 ending in 4, 5, or 6 shall be qualified to apply 

7 for a renewal certificate of documentation with 

8 an effective period of 5 years. Alternatively, ves9 sel owners or operators with vessel documenta10 tion numbers ending in 4, 5, or 6 may elect to 

11 apply for a renewal certificate of documentation 

12 with an effective period of 1 year, 2 years, 3 

13 years, or 4 years. All other vessel owners and op14 erators shall be qualified to apply for an initial 

15 or renewal certificate with an effective period of 

16 1 year. 

17 ‘‘(C) In fiscal year 2021, vessel owners or 

18 operators with vessel documentation numbers 

19 ending in 7, 8, or 9 shall be qualified to apply 

20 for an initial or renewal certificate of docu21 mentation with an effective period of 5 years. Al22 ternatively, vessel owners or operators with vessel 

23 documentation numbers ending in 7, 8, or 9 

24 may elect to apply for an initial or renewal cer25 tificate of documentation with an effective period 


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1 of 1 year, 2 years, 3 years, or 4 years. All other 

2 vessel owners and operators shall be qualified to 

3 apply for an initial or renewal certificate with 

4 an effective period of 1 year. 

5 ‘‘(D) Starting in fiscal year 2022 all vessel 

6 owners and operators shall be qualified to apply 

7 for a renewal certificate of documentation with 

8 effective periods of 1 year, 2 years, 3 years, 4 

9 years, or 5 years. 

10 ‘‘(E) Starting in fiscal year 2019 vessel 

11 owners and operators applying for an initial 

12 certificate of documentation may apply for such 

13 documentation with an effective period of 1 year, 

14 2 years, 3 years, 4 years, or 5 years. 

15 ‘‘(2) APPLICATION FOR RENEWAL.—Applications 

16 for renewal may be submitted no earlier than 90 days 

17 prior to the expiration date of a certificate of docu18 mentation. 

19 ‘‘(3) FEES.— 

20 ‘‘(A) For fiscal years 2019 through 2021, 

21 the Secretary shall collect the following fees from 

22 vessel owners or operators: 

23 ‘‘(i) For a certificate of documentation 

24 with an effective period of 5 years the fee 


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1 collected from the vessel owner or operator 

2 shall be $130. 

3 ‘‘(ii) For a certificate of documentation 

4 with an effective period of 4 years the fee 

5 collected from the vessel owner or operator 

6 shall be $104. 

7 ‘‘(iii) For a certificate of documenta8 tion with an effective period of 3 years the 

9 fee collected from the vessel owner or oper10 ator shall be $78. 

11 ‘‘(iv) For a certificate of documenta12 tion with an effective period of 2 years the 

13 fee collected from the vessel owner or oper14 ator shall be $52. 

15 ‘‘(v) For a certificate of documentation 

16 with an effective period of 1 year the fee col17 lected from the vessel owner or operator 

18 shall be $26. 

19 ‘‘(B) For fiscal years 2022 and thereafter, 

20 such fees shall be published in the Federal Reg21 ister as a direct final rule. Such rulemaking 

22 shall be exempt from the requirements of the Ad23 ministrative Procedure Act (Public Law 79–404; 

24 60 Stat 237). 


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1 ‘‘(4) FUNDS AVAILABILITY.—Fees collected for the 

2 issuance of certificates of documentation by the Sec3 retary of the department in which the Coast Guard 

4 is operating— 

5 ‘‘(A) shall be deposited into the account that 

6 bore the expense for issuance of such certificate 

7 of documentation, and 

8 ‘‘(B) shall be available until expended.’’. 

9 SEC. 313. EXCEPTION FROM SURVIVAL CRAFT REQUIRE10 MENTS. 

11 Section 3104 of title 46, United States Code, is amend12 ed— 

13 (1) by redesignating subsection (d) as subsection 

14 (e); and 

15 (2) by inserting after subsection (c) the fol16 lowing: 

17 ‘‘(d) AUXILIARY CRAFT.— 

18 ‘‘(1) EXCEPTION.—Subject to paragraph (2), this 

19 section shall not apply to a vessel carrying an auxil20 iary craft on board, except an inflatable liferaft, if the 

21 auxiliary craft— 

22 ‘‘(A) is readily accessible during an emer23 gency; and 

24 ‘‘(B) is capable of safely holding all indi25 viduals on board the vessel. 


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1 ‘‘(2) REQUIREMENT.—A vessel described in para2 graph (1) may not exceed the rated capacity on the 

3 capacity plate of the auxiliary craft if the auxiliary 

4 craft is equipped with a Coast Guard required capac5 ity plate.’’. 

6 SEC. 314. INLAND WATERWAY AND RIVER TENDER, AND BAY 

7 CLASS ICEBREAKER ACQUISITION PLAN. 

8 (a) ACQUISITION PLAN.—Not later than 545 days after 

9 the date of enactment of this Act, the Commandant of the 

10 Coast Guard shall submit to the Committee on Commerce, 

11 Science, and Transportation of the Senate and the Com12 mittee on Transportation and Infrastructure of the House 

13 of Representatives a plan to replace the aging fleet of inland 

14 waterway and river tenders, and the bay class icebreakers. 

15 (b) CONTENTS.—The plan described in subsection (a) 

16 shall include— 

17 (1) a schedule for the acquisition to begin; 

18 (2) the date the first vessel will be delivered; 

19 (3) the date the acquisition will be complete; 

20 (4) a description of the order and location of re21 placements; 

22 (5) an estimate of the cost per vessel and for 

23 total acquisition program of record; and 

24 (6) an analysis of whether existing vessels can be 

25 used. 


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1 SEC. 315. ARCTIC PLANNING CRITERIA. 

2 (a) ALTERNATIVE PLANNING CRITERIA.— 

3 (1) IN GENERAL.—The Commandant of the 

4 Coast Guard may approve alternative planning cri5 teria for the area covered by the Captain of the Port 

6 Zone that includes the Arctic, or for an area of lesser 

7 geographic extent than the area covered by the Cap8 tain of the Port Zone that includes the Arctic, for 

9 purposes of complying with subpart D and subpart J 

10 of section 155 of title 33, Code of Federal Regulations, 

11 if the Commandant, in addition to the requirements 

12 described in sections 155.1065 and 155.5067 of that 

13 title— 

14 (A) verifies that equipment included in the 

15 plan has been tested and proven capable of oper16 ating in the environmental conditions expected 

17 in the area in which it is intended to be oper18 ated; and 

19 (B) verifies that training has been con20 ducted by the equipment operators on the equip21 ment listed in the plan. 

22 (2) POST-APPROVAL REQUIREMENTS.—For each 

23 plan approved under paragraph (1)— 

24 (A) an alternative planning criteria pro25 vider shall conduct regular exercises and drills of 

26 the plan as described in the Coast Guard PreVerDate Sep 11 2014 22:27 Jun 05, 2017 Jkt 069200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6203 E:\BILLS\S1129.RS S1129

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1 paredness for Response Exercise Program guide2 lines; or 

3 (B) an alternative planning criteria pro4 vider may take credit for responses to actual 

5 spills or releases, or to significant threats of a 

6 spill, instead of conducting regular exercises and 

7 drills of the plan, if the provider— 

8 (i) documents which exercise require9 ments, as described in the Preparedness for 

10 Response Exercise Program guidelines, were 

11 met during the response; and 

12 (ii) submits a request for credit to and 

13 receives approval from the Commandant. 

14 (b) REPORT.— 

15 (1) IN GENERAL.—Not later than 180 days after 

16 the date of enactment of this Act, the Commandant of 

17 the Coast Guard shall submit to the Committee on 

18 Commerce, Science, and Transportation of the Senate 

19 and the Committee on Transportation and Infrastruc20 ture of the House of Representatives a report on the 

21 oil spill prevention and response capabilities for the 

22 area covered by the Captain of the Port Zone that in23 cludes the Arctic. 

24 (2) CONTENTS.—The report shall include the fol25 lowing: 


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1 (A) Levels of equipment and assets. 

2 (B) Location the equipment and assets that 

3 are to be deployed, including an estimate of the 

4 time to deploy the equipment and assets. 

5 (C) A determination on the degree of how 

6 effectively the assets are distributed throughout 

7 the area. 

8 (D) A statement on whether performance of 

9 ability to deploy equipment and impact on other 

10 areas covered by the Captain of the Port Zone is 

11 taken into account when measuring the level of 

12 equipment available. 

13 (E) Validation of port assessment visit 

14 process and response resource inventory. 

15 (F) A description of the resources need 

16 throughout the Coast Guard to conduct port as17 sessments, exercises, response plan review and 

18 spill responses. 

19 (c) DEFINITION OF ARCTIC.—In this section, the term 

20 ‘‘Arctic’’ has the meaning given the term under section 112 

21 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 

22 4111). 

23 SEC. 316. FISHING SAFETY GRANT PROGRAMS. 

24 (a) FISHING SAFETY TRAINING GRANT PROGRAM.— 

25 Section 4502(i)(4) of title 46, United States Code, is 


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1 amended by striking ‘‘2015 through 2017’’ and inserting 

2 ‘‘2015 through 2019’’. 

3 (b) FISHING SAFETY RESEARCH GRANT PROGRAM.— 

4 Section 4502(j)(4) of title 46, United States Code, is amend5 ed by striking ‘‘2015 through 2017’’ and inserting ‘‘2015 

6 through 2019’’. 

7 SEC. 317. SAFETY STANDARDS. 

8 Section 4502(f) of title 46, United States Code, is 

9 amended— 

10 (1) by redesignating paragraph (3) as para11 graph (4); and 

12 (2) by striking paragraph (2), and inserting the 

13 following: 

14 ‘‘(2) shall examine at dockside a vessel described 

15 in subsection (b) at least once every 5 years, but may 

16 require an exam at dockside every 2 years for certain 

17 vessels described in subsection (b) requested by the 

18 owner or operator; 

19 ‘‘(3) shall issue a certificate of compliance to a 

20 vessel meeting the requirements of this chapter and 

21 satisfying the requirements in paragraph (2); and’’. 

22 SEC. 318. COMMERCIAL FISHING VESSEL SAFETY OUT23 REACH STRATEGY. 

24 (a) REQUIREMENT FOR STRATEGY.—Not later than 1 

25 year after the date of enactment of this Act, the Secretary 


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1 of the department in which the Coast Guard is operating 

2 shall develop and submit to the Committee on Commerce, 

3 Science, and Transportation of the Senate and the Com4 mittee on Transportation and Infrastructure of the House 

5 of Representatives a national communications plan for the 

6 purposes of— 

7 (1) disseminating information to the commercial 

8 fishing vessel industry; 

9 (2) conducting outreach with the commercial 

10 fishing vessel industry; 

11 (3) facilitating interaction with the commercial 

12 fishing vessel industry; and 

13 (4) releasing information collected under section 

14 703 of title 46, United States Code, as amended by 

15 this Act, to the commercial fishing vessel industry. 

16 (b) CONTENT.—The plan required by subsection (a), 

17 and each annual update, shall— 

18 (1) employ all available staff, resources, and sys19 tems available to the Secretary to ensure the widest 

20 dissemination of information to the commercial fish21 ing vessel industry; 

22 (2) be individually adapted as necessary by Cap23 tain of the Port Zone to ensure the most effective 

24 strategy and means to communicate with commercial 

25 fishing vessel industry; 


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1 (3) include a means to document all communica2 tion and outreach conducted with the commercial 

3 fishing vessel industry; and 

4 (4) include a mechanism to measure effectiveness 

5 of such plan. 

6 (c) UPDATES.—The Secretary of the department in 

7 which the Coast Guard is operating shall— 

8 (1) update and submit to the Committee on 

9 Commerce, Science, and Transportation of the Senate 

10 and the Committee on Transportation and Infrastruc11 ture of the House of Representatives the plan required 

12 by subsection (a) not less frequently than once each 

13 year; and 

14 (2) include input from individual Captain of the 

15 Port’s and any feedback received from the commercial 

16 fishing vessel industry under subsection (b)(3). 

17 TITLE IV—MARITIME SECURITY 

18 SEC. 401. MARITIME BORDER SECURITY COOPERATION. 

19 The Secretary of the department in which the Coast 

20 Guard is operating shall, in accordance with law— 

21 (1) partner with other Federal, State, and local 

22 government agencies to leverage technology, including 

23 existing sensor and camera systems and other sensors, 

24 to provide continuous monitoring of the maritime 

25 border; and 


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1 (2) enter into such agreements as the Secretary 

2 considers necessary to ensure 24-hour monitoring of 

3 such technology. 

4 SEC. 402. CURRENCY DETECTION CANINE TEAM PROGRAM. 

5 (a) DEFINITIONS.—In this section: 

6 (1) CANINE CURRENCY DETECTION TEAM.—The 

7 term ‘‘canine currency detection team’’ means a ca8 nine and a canine handler that are trained to detect 

9 currency. 

10 (2) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the department in which the Coast 

12 Guard is operating. 

13 (b) ESTABLISHMENT.—Not later than 1 year after the 

14 date of enactment of this Act, the Secretary shall establish 

15 a program to allow the use of canine currency detection 

16 teams for purposes of Coast Guard maritime law enforce17 ment and maritime security operations, including under18 way vessel boardings. 

19 (c) OPERATION.—The Secretary may cooperate with, 

20 or enter into an agreement with, the head of another Fed21 eral agency to meet the requirements under subsection (b). 

22 SEC. 403. CONFIDENTIAL INVESTIGATIVE EXPENSES. 

23 Section 658 of title 14, United States Code, is amended 

24 by striking ‘‘$45,000’’ and inserting ‘‘$250,000’’. 


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1 SEC. 404. MONITORING OF ILLEGAL, UNREPORTED, AND 

2 UNREGULATED FISHING. 

3 (a) IN GENERAL.—The Secretary of the department in 

4 which the Coast Guard is operating shall conduct a 1-year 

5 pilot program to determine the impact of persistent air6 craft-based surveillance on illegal maritime activities in the 

7 Alaskan and Western Pacific regions. 

8 (b) REQUIREMENTS.—The pilot program shall— 

9 (1) use light aircraft-based detection systems 

10 which can identify potential illegal activity from 

11 higher altitudes and produce enforcement-quality evi12 dence at lower altitudes; and 

13 (2) be directed at detecting and deterring illegal, 

14 unreported, and unregulated fishing and enhancing 

15 maritime domain awareness. 

16 SEC. 405. STRATEGIC ASSETS IN THE ARCTIC. 

17 (a) DEFINITION OF ARCTIC.—In this section, the term 

18 ‘‘Arctic’’ has the meaning given the term in section 112 of 

19 the Arctic Research and Policy Act of 1984 (15 U.S.C. 

20 4111). 

21 (b) SENSE OF CONGRESS.—It is the sense of Congress 

22 that— 

23 (1) the Arctic continues to grow in significance 

24 to both the national security interests and the eco25 nomic prosperity of the United States; and 


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1 (2) the Coast Guard must ensure it is positioned 

2 to respond to any accident, incident, or threat with 

3 appropriate assets. 

4 (c) REPORT.—Not later than 1 year after the date of 

5 enactment of this Act, the Commandant of the Coast Guard, 

6 in consultation with the Secretary of Defense and taking 

7 into consideration the Department of Defense 2016 Arctic 

8 Strategy, shall submit to the Committee on Commerce, 

9 Science, and Transportation of the Senate and the Com10 mittee on Transportation and Infrastructure of the House 

11 of Representatives a report on the progress toward imple12 menting the strategic objectives described in the United 

13 States Coast Guard Arctic Strategy dated May 2013. 

14 (d) CONTENTS.—The report under subsection (c) shall 

15 include— 

16 (1) a description of the Coast Guard’s progress 

17 toward each strategic objective; 

18 (2) plans to provide communications throughout 

19 the entire Coastal Western Alaska Captain of the Port 

20 zone to improve waterway safety and mitigate close 

21 calls, collisions, and other dangerous interactions be22 tween the shipping industry and subsistence hunters; 

23 (3) plans to prevent marine casualties, when 

24 possible, by ensuring vessels avoid environmentally 

25 sensitive areas and permanent security zones; 


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1 (4) an explanation of— 

2 (A) whether it is feasible to establish a ves3 sel traffic service, using existing resources or oth4 erwise; and 

5 (B) whether an Arctic Response Center of 

6 Expertise is necessary to address the gaps in ex7 perience, skills, equipment, resources, training, 

8 and doctrine to prepare, respond to, and recover 

9 spilled oil in the Arctic; 

10 (5) an assessment of whether sufficient agree11 ments are in place to ensure the Coast Guard is re12 ceiving the information it needs to carry out its re13 sponsibilities; 

14 (6) an assessment of the assets and infrastruc15 ture necessary to meet the strategic objectives identi16 fied in the United States Coast Guard Arctic Strategy 

17 dated May 2013 based on factors such as— 

18 (A) response time; 

19 (B) coverage area; 

20 (C) endurance on scene; 

21 (D) presence; and 

22 (E) deterrence; and 

23 (7) an analysis of National Security Cutters, 

24 Offshore Patrol Cutters, and Fast Response Cutters 

25 capabilities based on the factors described in subparaVerDate Sep 11 2014 22:27 Jun 05, 2017 Jkt 069200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6203 E:\BILLS\S1129.RS S1129

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1 graphs (A) through (E) of paragraph (6), both sta2 tioned from various Alaska ports and in other loca3 tions. 

4 SEC. 406. FLEET REQUIREMENTS ASSESSMENT AND STRAT5 EGY. 

6 (a) REPORT.—Not later than 1 year after the date of 

7 enactment of this Act, the Secretary of the department in 

8 which the Coast Guard is operating, in consultation with 

9 interested Federal and non-Federal stakeholders, shall sub10 mit to the Committee on Commerce, Science, and Transpor11 tation of the Senate and the Committee on Transportation 

12 and Infrastructure of the House of Representatives a report 

13 including— 

14 (1) an assessment of Coast Guard at-sea oper15 ational fleet requirements to support its statutory 

16 missions established in the Homeland Security Act of 

17 2002 (6 U.S.C. 101 et seq.); and 

18 (2) a strategic plan for meeting the requirements 

19 identified under paragraph (1). 

20 (b) CONTENTS.—The report under subsection (a) shall 

21 include— 

22 (1) an assessment of— 

23 (A) the extent to which the Coast Guard at24 sea operational fleet requirements are currently 

25 being met; 


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1 (B) the Coast Guard’s current fleet, its oper2 ational lifespan, and how the aging of the fleet 

3 will impact at-sea operational needs; 

4 (C) fleet operations and recommended im5 provements to minimize costs and extend oper6 ational vessel life spans; and 

7 (D) actual cutter requirements for the Fast 

8 Response Cutter, the Offshore Patrol Cutter, and 

9 the National Security Cutter to meet at-sea oper10 ational needs as compared to planned acquisi11 tions under the current programs of record; 

12 (2) an analysis of— 

13 (A) how the Coast Guard at-sea operational 

14 fleet requirements are currently met, including 

15 the use of the Coast Guard’s current cutter fleet, 

16 agreements with partners, chartered vessels, and 

17 unmanned vehicle technology; and 

18 (B) how existing and planned cutter pro19 grams of record meet the at-sea operational re20 quirements, including the Fast Response Cutter, 

21 the Offshore Patrol Cutter, and the National Se22 curity Cutter; and 

23 (3) a description of— 

24 (A) planned manned and unmanned vessel 

25 acquisition; and 


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1 (B) how such acquisitions will change the 

2 extent to which the Coast Guard at-sea oper3 ational requirements are met. 

4 (c) CONSULTATION AND TRANSPARENCY.— 

5 (1) CONSULTATION.—In consulting with the Fed6 eral and non-Federal stakeholders under subsection 

7 (a), the Secretary of the department in which the 

8 Coast Guard is operating shall— 

9 (A) provide the stakeholders with opportuni10 ties for input— 

11 (i) prior to initially drafting the re12 port, including the assessment and strategic 

13 plan; and 

14 (ii) not later than 3 months prior to 

15 finalizing the report, including the assess16 ment and strategic plan, for submission; 

17 and 

18 (B) document the input and its disposition 

19 in the report. 

20 (2) TRANSPARENCY.—All input provided under 

21 paragraph (1) shall be made available to the public. 

22 SEC. 407. COMPTROLLER GENERAL REPORT ON CERTAIN 

23 TASK FORCES. 

24 (a) FINDINGS.—Congress finds that the Joint Inter25 agency Task Force South (referred to in this section as the 


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1 ‘‘JIATF-South’’) is an exemplary program that executes its 

2 counter-narcotics mission with distinction and in a cost3 effective manner. 

4 (b) STUDY.—The Comptroller General of the United 

5 States shall study each of the following task forces and com6 pare the execution of the task force’s counter-narcotics and 

7 illegal migrant operation to that of the JIATF-South: 

8 (1) The Joint Interagency Task Force West (re9 ferred to in this section as the ‘‘JIATF-West’’). 

10 (2) The Department of Homeland Security’s 

11 Joint Task Forces (referred to in this section as the 

12 ‘‘DHS–JTF’’). 

13 (c) CONTENTS.—In conducting the study under sub14 section (b), the Comptroller General shall, at a minimum— 

15 (1) review the JIATF-West Counternarcotics Op16 erations Center and its performance of its mission to 

17 support counter-narcotics missions by United States 

18 law enforcement agencies; 

19 (2) compare the JIATF-West, DHS–JTFs, and 

20 JIATF-South organizational and manning structure; 

21 (3) assess the JIATF-West’s current organiza22 tional and manning structure as it relates to JIATF23 West’s ability to conduct counter-narcotics missions; 


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1 (4) review the JIATF-West’s December 2015– 

2 May 2017 reorganization initiative and its impact, if 

3 any, on improving mission performance; 

4 (5) review the JIATF-West’s leadership, includ5 ing an assessment of— 

6 (A) the role of a Coast Guard flag officer as 

7 the director as compared to the Coast Guard’s 

8 role in JIAFT-South; and 

9 (B) the process used by the JIATF-West for 

10 developing and implementing its December 

11 2015–May 2017 reorganization initiative, in12 cluding how it assessed progress and solicited 

13 feedback on the initiative; 

14 (C) its general management and personnel 

15 practices, and their impact, if any, on mission 

16 performance; 

17 (6) include recommendations for improving the 

18 JIATF-West’s performance; and 

19 (7) review whether there is any redundancy be20 tween DHS–JTF and JIATF-South or JIATF-West. 

21 (d) REPORT.—The Comptroller General shall submit 

22 to the Committee on Commerce, Science, and Transpor23 tation of the Senate and the Committee on Transportation 

24 and Infrastructure of the House of Representatives a report 

25 on the findings of the study under subsection (b), including 


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1 any recommendations for improving the counter-narcotics 

2 and illegal migrant operations of the JIATF-West or DHS– 

3 JTF. 

4 TITLE V—MISCELLANEOUS 

5 SEC. 501. SHIP SHOAL LIGHTHOUSE TRANSFER; REPEAL. 

6 Section 27 of the Coast Guard Authorization Act of 

7 1991 (Public Law 102–241; 105 Stat. 2218) is repealed. 

8 SEC. 502. ACQUISITION WORKFORCE EXPEDITED HIRING 

9 AUTHORITY. 

10 (a) EXPEDITED HIRING AUTHORITY.— 

11 (1) IN GENERAL.—Chapter 15 of title 14, United 

12 States Code, is amended by inserting after section 563 

13 the following: 

14 ‘‘§ 563a. Acquisition workforce expedited hiring au15 thority 

16 ‘‘For purposes of section 3304 of title 5, the Com17 mandant of the Coast Guard may— 

18 ‘‘(1) designate any category of acquisition posi19 tions within the Coast Guard as shortage category po20 sitions; and 

21 ‘‘(2) use the authorities in such section to recruit 

22 and appoint highly qualified persons directly to posi23 tions so designated.’’. 

24 (2) TABLE OF CONTENTS.—The table of contents 

25 of chapter 15 of title 14, United States Code, is 


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1 amended by inserting after the item relating to sec2 tion 563 the following: 

‘‘563a. Acquisition workforce expedited hiring authority.’’. 

3 (3) REPEAL.—Section 404 of the Coast Guard 

4 Authorization Act of 2010 (Public Law 111–281; 124 

5 Stat. 2950) is repealed. 

6 (b) ACQUISITION WORKFORCE REEMPLOYMENT AU7 THORITY.— 

8 (1) IN GENERAL.—Chapter 15 of title 14, as 

9 amended by subsection (a) of this section, is further 

10 amended by inserting after section 563a the following: 

11 ‘‘§ 563b. Acquisition workforce reemployment author12 ity 

13 ‘‘(a) IN GENERAL.—Except as provided in subsection 

14 (b), if an annuitant receiving an annuity from the Civil 

15 Service Retirement and Disability Fund becomes employed 

16 in any category of acquisition positions designated by the 

17 Commandant of the Coast Guard under section 563a of this 

18 title, the annuity of an annuitant so employed shall con19 tinue. An annuitant so reemployed shall not be considered 

20 an employee for purposes of subchapter III of chapter 83 

21 or chapter 84 of title 5. 

22 ‘‘(b)(1) ELECTION.—An annuitant retired under sec23 tion 8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an an24 nuity from the Civil Service Retirement and Disability 

25 Fund, who becomes employed in a position within the Coast 


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1 Guard after the date of enactment of the Coast Guard Au2 thorization Act of 2017, may elect to be subject to section 

3 8344 or 8468 of such title (as the case may be). 

4 ‘‘(A) DEADLINE.—An election for coverage 

5 under this subsection shall be filed not later than 

6 90 days after the Commandant takes reasonable 

7 actions to notify employees who may file an elec8 tion. 

9 ‘‘(B) COVERAGE.—If an employee files an 

10 election under this subsection, coverage shall be 

11 effective beginning on the first day of the first 

12 applicable pay period beginning on or after the 

13 date of the filing of the election. 

14 ‘‘(2) APPLICATION.—Paragraph (1) shall apply 

15 to an individual who is eligible to file an election 

16 under paragraph (1) and does not file a timely elec17 tion under this subsection.’’. 

18 (2) TABLE OF CONTENTS.—The table of contents 

19 of chapter 15 of title 14, United States Code, as 

20 amended in subsection (a) of this section, is further 

21 amended by inserting after the item relating to sec22 tion 563a the following: 

‘‘563b. Acquisition workforce reemployment authority.’’. 

23 SEC. 503. DRAWBRIDGES. 

24 (a) PURPOSES.—The purposes of this section are— 


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1 (1) to ensure the public is made aware of any 

2 temporary change to a drawbridge operating schedule; 

3 and 

4 (2) to ensure the operators are maintaining logs 

5 of drawbridge movement. 

6 (b) TEMPORARY CHANGES TO DRAWBRIDGE OPER7 ATING SCHEDULES.—Section 5 of the Act entitled ‘‘An Act 

8 making appropriations for the construction, repair, and 

9 preservation of certain public works on rivers and harbors, 

10 and for other purposes’’, approved August 18, 1894 (33 

11 U.S.C. 499), is amended by adding at the end the fol12 lowing— 

13 ‘‘(d) TEMPORARY CHANGES TO DRAWBRIDGE OPER14 ATING SCHEDULES.—Notwithstanding section 553 of title 

15 5, United States Code, whenever a temporary change to the 

16 operating schedule of a drawbridge, lasting 180 days or 

17 less— 

18 ‘‘(1) is approved— 

19 ‘‘(A) the Secretary of the department in 

20 which the Coast Guard is operating shall— 

21 ‘‘(i) issue a deviation approval letter to 

22 the bridge owner; and 

23 ‘‘(ii) announce the temporary change 

24 in— 

25 ‘‘(I) the Local Notice to Mariners; 


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1 ‘‘(II) broadcast notices to mari2 ners through the Coast Guard radio 

3 station or Navy radio station, or both; 

4 or 

5 ‘‘(III) such other local media as 

6 the Secretary considers appropriate; 

7 and 

8 ‘‘(B) the bridge owner, except a railroad 

9 bridge owner, shall notify— 

10 ‘‘(i) the public by publishing notice of 

11 the temporary change in a newspaper of 

12 general circulation published in the place 

13 where the bridge is located; 

14 ‘‘(ii) the department, agency, or office 

15 of transportation with jurisdiction over the 

16 roadway that abuts the approaches to the 

17 bridge; and 

18 ‘‘(iii) the law enforcement organization 

19 with jurisdiction over the roadway that 

20 abuts the approaches to the bridge; or 

21 ‘‘(2) is denied, the Secretary of the department 

22 in which the Coast Guard is operating shall— 

23 ‘‘(A) not later than 10 days after the date 

24 of receipt of the request, provide the bridge owner 

25 in writing the reasons for the denial, including 


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1 any supporting data and evidence used to make 

2 the determination; and 

3 ‘‘(B) provide the bridge owner a reasonable 

4 opportunity to address each reason for the denial 

5 and resubmit the request. 

6 ‘‘(e) DRAWBRIDGE MOVEMENTS.—The Secretary of the 

7 department in which the Coast Guard is operating— 

8 ‘‘(1) shall require a drawbridge operator to 

9 record each movement of the drawbridge in a log; 

10 ‘‘(2) may inspect the log to ensure drawbridge 

11 movement is in accordance with the posted operating 

12 schedule; 

13 ‘‘(3) shall review whether deviations from the 

14 posted operating schedule are impairing vehicular 

15 and pedestrian traffic; and 

16 ‘‘(4) may determine if the operating schedule 

17 should be adjusted for efficiency of maritime or vehic18 ular and pedestrian traffic.’’. 

19 SEC. 504. INCENTIVE CONTRACT; COAST GUARD YARD AND 

20 INDUSTRIAL ESTABLISHMENTS. 

21 (a) IN GENERAL.—Whenever the parties to a project 

22 order for industrial work to be performed by the Coast 

23 Guard Yard or a designated Coast Guard industrial estab24 lishment agree that delivery or technical performance of the 

25 wage-grade industrial employees may, during the term of 


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1 such project order, improve, the parties to such project order 

2 may, notwithstanding any other provision of law, including 

3 any provision of law that provides for the time or purpose 

4 of appropriated funds, enter into an incentive project order 

5 or a cost-plus-incentive-fee project order by which an agreed 

6 upon amount of the adjustment to be made pursuant to sec7 tion 648(a) of title 14, United States Code, may, notwith8 standing that provision of law or any other provision of 

9 law, be distributed as an incentive to the wage-grade indus10 trial employees who completed the project order. 

11 (b) CONDITION.—Before entering into an incentive 

12 project order or a cost-plus-incentive-fee project order, the 

13 commanding officer of the Coast Guard Yard or the com14 manding officer of the Coast Guard industrial establish15 ment, as the case may be, shall complete a determination 

16 and finding for such incentive project order or cost-plus17 incentive-fee project order that justifies the use of such 

18 project order as in the best interest of the Federal Govern19 ment. 

20 (c) TREATMENT OF INCENTIVE AWARD.—Notwith21 standing any other provision of law, in the event that the 

22 industrial workforce of the Coast Guard Yard or a Coast 

23 Guard industrial establishment satisfies the performance 

24 target set out in an incentive project order or a cost-plus25 incentive-fee project order— 


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1 (1) the adjustment to be made pursuant to sec2 tion 648(a) of title 14, United States Code, shall, not3 withstanding that provision of law, be reduced by the 

4 agreed amount and distributed as an incentive to 

5 such wage-grade industrial employees; and 

6 (2) the remainder of the adjustment shall be 

7 credited to the appropriation current at that time. 

8 SEC. 505. COAST GUARD HEALTH-CARE PROFESSIONALS; LI9 CENSURE PORTABILITY. 

10 (a) IN GENERAL.—Section 1094(d)(1) of title 10, 

11 United States Code, shall apply in the same manner and 

12 to the same degree as such section applies to a health-care 

13 professional described in subsection (d)(2) of that section 

14 to a health-care professional described in subsection (b) of 

15 this section. 

16 (b) HEALTH-CARE PROFESSIONAL.—A health-care 

17 professional described in this subsection is a member of the 

18 Coast Guard, civilian employee of the Coast Guard, member 

19 of the Public Health Service assigned to the Coast Guard, 

20 personal services contractor under section 1091 of title 10, 

21 United States Code, or other health-care professional 

22 credentialed and privileged at a Federal health care institu23 tion or location specially designated by the Secretary of the 

24 department in which the Coast Guard is operating for this 

25 purpose who— 


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1 (1) has a current license to practice medicine, os2 teopathic medicine, dentistry, or another health pro3 fession; and 

4 (2) is performing authorized duties for the Coast 

5 Guard. 

6 SEC. 506. LAND EXCHANGE; AYAKULIK ISLAND, ALASKA. 

7 (a) LAND EXCHANGE; AYAKULIK ISLAND, ALASKA.— 

8 If the owner of Ayakulik Island, Alaska, offers to exchange 

9 the Island for the Tract— 

10 (1) within 10 days after receiving such offer, the 

11 Secretary shall provide notice of the offer to the Com12 mandant; 

13 (2) within 90 days after receiving the notice 

14 under paragraph (1), the Commandant shall develop 

15 and transmit to the Secretary proposed operational 

16 restrictions on commercial activity conducted on the 

17 Tract, including the right of the Commandant to— 

18 (A) order the immediate termination, for a 

19 period of up to 72 hours, of any activity occur20 ring on or from the Tract that violates or threat21 ens to violate 1 or more of such restrictions; or 

22 (B) commence a civil action for appropriate 

23 relief, including a permanent or temporary in24 junction enjoining the activity that violates or 

25 threatens to violate such restrictions; 


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1 (3) within 90 days after receiving the proposed 

2 operational restrictions from the Commandant, the 

3 Secretary shall transmit such restrictions to the 

4 owner of Ayakulik Island; and 

5 (4) within 30 days after transmitting the pro6 posed operational restrictions to the owner of 

7 Ayakulik Island, and if the owner agrees to such re8 strictions, the Secretary shall convey all right, title, 

9 and interest of the United States in and to the Tract 

10 to the owner, subject to an easement granted to the 

11 Commandant to enforce such restrictions, in exchange 

12 for all right, title, and interest of such owner in and 

13 to Ayakulik Island. 

14 (b) BOUNDARY REVISIONS.—The Secretary may make 

15 technical and conforming revisions to the boundaries of the 

16 Tract before the date of the exchange. 

17 (c) PUBLIC LAND ORDER.—Effective on the date of an 

18 exchange under subsection (a), Public Land Order 5550 

19 shall have no force or effect with respect to submerged lands 

20 that are part of the Tract. 

21 (d) FAILURE TO TIMELY RESPOND TO NOTICE.—If the 

22 Commandant does not transmit proposed operational re23 strictions to the Secretary within 30 days after receiving 

24 the notice under subsection (a)(1), the Secretary shall, by 

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1 vey all right, title, and interest of the United States in and 

2 to the Tract to the owner of Ayakulik Island in exchange 

3 for all right, title, and interest of such owner in and to 

4 Ayakulik Island. 

5 (e) CERCLA.— 

6 (1) IN GENERAL.—This section and an exchange 

7 under this section shall not be construed to limit the 

8 application of or otherwise affect section 120(h) of the 

9 Comprehensive Environmental Response, Compensa10 tion, and Liability Act of 1980 (42 U.S.C. 9620(h)). 

11 (2) EXEMPTION.—Notwithstanding paragraph 

12 (1), the Coast Guard shall be exempt from liability 

13 under the Comprehensive Environmental Response, 

14 Compensation, and Liability Act of 1980 (42 U.S.C. 

15 9620(h)). 

16 (f) DEFINITIONS.—In this section: 

17 (1) COMMANDANT.—The term ‘‘Commandant’’ 

18 means the Secretary of the department in which the 

19 Coast Guard is operating, acting through the Com20 mandant of the Coast Guard. 

21 (2) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of the Interior. 

23 (3) TRACT.—The term ‘‘Tract’’ means the land 

24 (including submerged land) depicted as ‘‘PROPOSED 

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1 tled ‘‘PROPOSED PROPERTY EXCHANGE PAR2 CEL’’ and dated March 22, 2017. 

3 SEC. 507. ABANDONED SEAFARERS FUND AMENDMENTS. 

4 Section 11113 of title 46, United States Code, is 

5 amended— 

6 (1) in subsection (a)(2), by striking ‘‘may be ap7 propriated to the Secretary’’ in the matter before sub8 paragraph (A) and inserting ‘‘shall be available to 

9 the Secretary without further appropriation, and 

10 shall remain available until expended,’’; and 

11 (2) in subsection (c)— 

12 (A) in paragraph (1), by inserting ‘‘plus a 

13 surcharge of 25 percent of such total amount,’’ 

14 after ‘‘seafarer,’’ in the matter preceding sub15 paragraph (A); and 

16 (B) by striking paragraph (4). 

17 SEC. 508. SMALL SHIPYARD CONTRACTS. 

18 (a) IN GENERAL.—Chapter 17 of title 14, United 

19 States Code, is amended by inserting after section 667 the 

20 following: 

21 ‘‘§ 667a. Construction of Coast Guard vessels and as22 signment of vessel projects 

23 ‘‘The assignment of Coast Guard vessel conversion, al24 teration, and repair projects shall be based on economic and 

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1 quirement that certain parts of Coast Guard shipwork be 

2 assigned to a particular type of shipyard or geographical 

3 area or by a similar requirement.’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 chapter 17 of title 14, United States Code, is amended by 

6 inserting after the item relating to section 667 the following: 

‘‘667a. Construction of Coast Guard vessels and assignment of vessel projects.’’. 

7 SEC. 509. WESTERN CHALLENGER; CERTIFICATE OF DOCU8 MENTATION. 

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

10 Maritime Transportation Act of 2014 (Public Law 113– 

11 281; 128 Stat. 3062) is amended by inserting ‘‘and a fish12 eries endorsement’’ after ‘‘endorsement’’. 

13 SEC. 510. RADAR REFRESHER TRAINING. 

14 Not later than 60 days after the date of enactment of 

15 this Act, the Secretary of the department in which the Coast 

16 Guard is operating shall prescribe a final rule eliminating 

17 the requirement that a mariner complete an approved re18 fresher or recertification course to maintain a radar ob19 server endorsement. This rulemaking shall be exempt from 

20 the notice and comment requirements of section 553 of title 

21 5, United States Code. 

22 SEC. 511. VESSEL RESPONSE PLAN AUDIT. 

23 (a) REQUIREMENT FOR AUDIT.—Not later than 1 year 

24 after the date of enactment of this Act, the Comptroller Gen25 eral of the United States shall complete and submit to the 


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1 Committee on Commerce, Science, and Transportation of 

2 the Senate and the Committee on Transportation and In3 frastructure of the House of Representatives an audit of the 

4 verification and approval process of the Coast Guard for 

5 vessel response plans required under section 311 of the Fed6 eral Water Pollution Control Act (33 U.S.C. 1321). 

7 (b) REVIEW AND RECOMMENDATIONS.—The audit re8 quired by subsection (a) shall— 

9 (1) review and make recommendations regarding 

10 the verification and approval process of the Coast 

11 Guard for vessel response plans required under section 

12 311 of the Federal Water Pollution Control Act (33 

13 U.S.C. 1321) for— 

14 (A) the current Coast Guard staffing model 

15 and organization used for such process; 

16 (B) the amount of time expended by the 

17 Coast Guard verifying and approving such vessel 

18 response plans; and 

19 (C) the amount of time expended by the 

20 Coast Guard for verification and approval of a 

21 single such vessel response plan; and 

22 (2) include a detailed analysis of— 

23 (A) such process beginning with initial sub24 mission from the vessel through final approval; 


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1 (B) how such process ensures compliance 

2 with applicable statutes and regulations; 

3 (C) the role of local and regional Coast 

4 Guard units in such process; 

5 (D) any public comment or other forms of 

6 engagement with regional stakeholders, including 

7 State governments and Indian tribes; 

8 (E) any engagement or utilization of Fed9 eral or State agency resources and consultation, 

10 including weather data systems, oil spill trajec11 tory modeling, or risk management information 

12 for the purposes of reviewing vessel response 

13 plans; 

14 (F) how the Coast Guard verifies avail15 ability and contractual obligation of resources 

16 required in a such a vessel response plan; 

17 (G) the resources available and used by the 

18 Coast Guard to verify operational capability and 

19 capacity of equipment listed in a vessel response 

20 plan for the applicable operating environment; 

21 (H) how the Coast Guard verifies alternate 

22 measures when a vessel cannot meet the National 

23 Planning Criteria; 

24 (I) the weather data, modeling software, 

25 and information systems available and used by 


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1 the Coast Guard when determining compliance 

2 for response resource mobilization times stipu3 lated in regulation; 

4 (J) how the Coast Guard factors in regional 

5 specific adverse weather, as defined in section 

6 155.1020 of title 33, Code of Federal Regula7 tions, in determining compliance for response re8 source mobilization times stipulated in regula9 tion; 

10 (K) how the Coast Guard reviews and 

11 verifies previously approved vessel response plans 

12 for compliance when there is a change in statute 

13 or regulation which effects response planning cri14 teria or resource mobilization times; 

15 (L) the Coast Guard process for calculating 

16 compliance for response resource mobilization 

17 times stipulated in statute and regulation; 

18 (M) how the Coast Guard verifies avail19 ability and compliance with response resource 

20 mobilization requirements for different geo21 graphic regions; 

22 (N) how the Coast Guard ensures vessel re23 sponse plans are adapted and updated to ac24 count for new regional response needs, such as 


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1 regional trends of transportation of heavy oils 

2 and volume of traffic; 

3 (O) the Coast Guard processes and actions 

4 taken if an approved vessel response plan is dis5 covered to be noncompliant; 

6 (P) how such process could be improved; 

7 and 

8 (Q) the resources needed to improve such 

9 process. 

10 SEC. 512. CENTER OF EXPERTISE FOR GREAT LAKES OIL 

11 SPILL RESEARCH AND RESPONSE. 

12 (a) IN GENERAL.—Not later than 1 year after the date 

13 of enactment of this Act, the Commandant of the Coast 

14 Guard shall establish a Center of Expertise for Great Lakes 

15 Oil Spill Preparedness and Response (referred to in this 

16 section as the ‘‘Center of Expertise’’) in accordance with 

17 section 58 of title 14, United States Code. 

18 (b) LOCATION.—The Center of Expertise shall be lo19 cated in close proximity to— 

20 (1) critical crude oil transportation infrastruc21 ture on and connecting the Great Lakes, such as sub22 merged pipelines and high-traffic navigation locks; 

23 and 

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1 bilities and expertise in Great Lakes aquatic ecology, 

2 environmental chemistry, fish and wildlife, and water 

3 resources. 

4 (c) FUNCTIONS.—The Center of Expertise shall— 

5 (1) monitor and assess, on an ongoing basis, the 

6 current state of knowledge regarding freshwater oil 

7 spill response technologies and the behavior and effects 

8 of oil spills in the Great Lakes; 

9 (2) identify any significant gaps in Great Lakes 

10 oil spill research, including an assessment of major 

11 scientific or technological deficiencies in responses to 

12 past spills in the Great Lakes and other freshwater 

13 bodies, and seek to fill those gaps; 

14 (3) conduct research, development, testing, and 

15 evaluation for freshwater oil spill response equipment, 

16 technologies, and techniques to mitigate and respond 

17 to oil spills in the Great Lakes; 

18 (4) educate and train Federal, State, and local 

19 first responders located in United States Coast Guard 

20 District 9 in— 

21 (A) the incident command system structure; 

22 (B) Great Lakes oil spill response tech23 niques and strategies; and 

24 (C) public affairs; and 


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1 (5) work with academic and private sector re2 sponse training centers to develop and standardize 

3 maritime oil spill response training and techniques 

4 for use on the Great Lakes. 

5 (d) DEFINITION.—In this section, the term ‘‘Great 

6 Lakes’’ means Lake Superior, Lake Michigan, Lake Huron, 

7 Lake Erie, and Lake Ontario. 

8 TITLE VI—DEPARTMENT OF 

9 COMMERCE VESSELS 

10 SEC. 601. WAIVERS FOR CERTAIN CONTRACTS. 

11 Section 3134 of title 40, United States Code, is amend12 ed— 

13 (1) by inserting ‘‘Secretary of Homeland Secu14 rity,’’ after ‘‘Air Force,’’ each place it appears; and 

15 (2) by adding at the end the following: 

16 ‘‘(c) COMMERCE.—The Secretary of Commerce may 

17 waive this subchapter with respect to contracts for the con18 struction, alteration, or repair of vessels, regardless of the 

19 terms of the contracts as to payment or title, when the con20 tract is made under the Act entitled ‘An Act to define the 

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

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

23 883a et seq.).’’. 


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1 TITLE VII—FEDERAL MARITIME 

2 COMMISSION AUTHORIZA3 TION ACT OF 2017 

4 SEC. 701. SHORT TITLE. 

5 This title may be cited as the ‘‘Federal Maritime Com6 mission Authorization Act of 2017’’. 

7 SEC. 702. AUTHORIZATION OF APPROPRIATIONS. 

8 Section 308 of title 46, United States Code, is amended 

9 by striking ‘‘$24,700,000 for each of fiscal years 2016 and 

10 2017’’ and inserting ‘‘$28,490,000 for each of fiscal years 

11 2018 and 2019’’. 

12 SEC. 703. RECORD OF MEETINGS AND VOTES. 

13 (a) IN GENERAL.—Section 303 of title 46, United 

14 States Code, is amended to read as follows: 

15 ‘‘§ 303. Meetings 

16 ‘‘(a) IN GENERAL.—The Federal Maritime Commis17 sion shall be deemed to be an agency for purposes of section 

18 552b of title 5. 

19 ‘‘(b) RECORD.—The Commission, through its sec20 retary, shall keep a record of its meetings and the votes 

21 taken on any action, order, contract, or financial trans22 action of the Commission. 

23 ‘‘(c) NONPUBLIC COLLABORATIVE DISCUSSIONS.— 

24 ‘‘(1) IN GENERAL.—Notwithstanding section 

25 552b of title 5, a majority of the Commissioners may 


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1 hold a meeting that is not open to public observation 

2 to discuss official agency business if— 

3 ‘‘(A) no formal or informal vote or other of4 ficial agency action is taken at the meeting; 

5 ‘‘(B) each individual present at the meeting 

6 is a Commissioner or an employee of the Com7 mission; and 

8 ‘‘(C) the General Counsel of the Commission 

9 is present at the meeting. 

10 ‘‘(2) DISCLOSURE OF NONPUBLIC COLLABO11 RATIVE DISCUSSIONS.—Except as provided under 

12 paragraph (3), not later than 2 business days after 

13 the conclusion of a meeting under paragraph (1), the 

14 Commission shall make available to the public, in a 

15 place easily accessible to the public— 

16 ‘‘(A) a list of the individuals present at the 

17 meeting; and 

18 ‘‘(B) a summary of the matters discussed at 

19 the meeting, except for any matters the Commis20 sion properly determines may be withheld from 

21 the public under section 552b(c) of title 5. 

22 ‘‘(3) EXCEPTION.—If the Commission properly 

23 determines matters may be withheld from the public 

24 under section 555b(c) of title 5, the Commission shall 

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1 tion as possible on those matters withheld from the 

2 public. 

3 ‘‘(4) ONGOING PROCEEDINGS.—If a meeting 

4 under paragraph (1) directly relates to an ongoing 

5 proceeding before the Commission, the Commission 

6 shall make the disclosure under paragraph (2) on the 

7 date of the final Commission decision. 

8 ‘‘(5) PRESERVATION OF OPEN MEETINGS RE9 QUIREMENTS FOR AGENCY ACTION.—Nothing in this 

10 subsection may be construed to limit the applicability 

11 of section 552b of title 5 with respect to a meeting of 

12 the Commissioners other than that described in this 

13 subsection. 

14 ‘‘(6) STATUTORY CONSTRUCTION.—Nothing in 

15 this subsection may be construed— 

16 ‘‘(A) to limit the applicability of section 

17 552b of title 5 with respect to any information 

18 which is proposed to be withheld from the public 

19 under paragraph (2)(B) of this subsection; or 

20 ‘‘(B) to authorize the Commission to with21 hold from any individual any record that is ac22 cessible to that individual under section 552a of 

23 title 5.’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 chapter 3 of title 46, United States Code, is amended by 

3 amending the item relating to section 303 to read as follows: 

‘‘303. Meetings.’’. 

4 SEC. 704. PUBLIC PARTICIPATION. 

5 (a) NOTICE OF FILING.—Section 40304(a) of title 46, 

6 United States Code, is amended to read as follows: 

7 ‘‘(a) NOTICE OF FILING.—Not later than 7 days after 

8 the date an agreement is filed, the Federal Maritime Com9 mission shall— 

10 ‘‘(1) transmit a notice of the filing to the Federal 

11 Register for publication; and 

12 ‘‘(2) request interested persons to submit relevant 

13 information and documents.’’. 

14 (b) REQUEST FOR INFORMATION AND DOCUMENTS.— 

15 Section 40304(d) of title 46, United States Code, is amend16 ed by striking ‘‘section’’ and inserting ‘‘part’’. 

17 (c) SAVING CLAUSE.—Nothing in this section, or the 

18 amendments made by this section, may be construed— 

19 (1) to prevent the Federal Maritime Commission 

20 from requesting from a person, at any time, any ad21 ditional information or documents the Commission 

22 considers necessary to carry out chapter 403 of title 

23 46, United States Code; 

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1 sponse to a request under section 40304(a)(2) of title 

2 46, United States Code; or 

3 (3) to limit the authority of the Commission to 

4 request information under section 40304(d) of title 

5 46, United States Code. 

6 SEC. 705. PREVENTING DECEPTIVE PRACTICES. 

7 (a) LICENSE REQUIREMENT.—Section 40901(a) of 

8 title 46, United States Code, is amended, in the first sen9 tence, by striking ‘‘act’’ and inserting ‘‘act, including hold10 ing itself out by solicitation, advertisement, or otherwise,’’. 

11 (b) FINANCIAL RESPONSIBILITY.—Section 40902(a) of 

12 title 46, United States Code, is amended, in the language 

13 preceding paragraph (1), by striking ‘‘act’’ and inserting 

14 ‘‘act, including holding itself out by solicitation, advertise15 ment, or otherwise,’’. 

16 SEC. 706. REPORTS FILED WITH THE COMMISSION. 

17 Section 40104(a) of title 46, United States Code, is 

18 amended to read as follows: 

19 ‘‘(a) REPORTS.— 

20 ‘‘(1) IN GENERAL.—The Federal Maritime Com21 mission may require a common carrier or marine ter22 minal operator, or an officer, receiver, trustee, lessee, 

23 agent, or employee of the common carrier or marine 

24 terminal operator to file with the Commission a peri25 odical or special report, an account, record, rate, or 


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1 charge, or a memorandum of facts and transactions 

2 related to the business of the common carrier or ma3 rine terminal operator, as applicable. 

4 ‘‘(2) REQUIREMENTS.—The report, account, 

5 record, rate, charge, or memorandum shall— 

6 ‘‘(A) be made under oath if the Commission 

7 requires; and 

8 ‘‘(B) be filed in the form and within the 

9 time prescribed by the Commission.’’. 

10 SEC. 707. TRANSPARENCY. 

11 (a) IN GENERAL.—Beginning not later than 60 days 

12 after the date of enactment of this Act, the Federal Maritime 

13 Commission shall submit to the Committee on Commerce, 

14 Science, and Transportation of the Senate and the Com15 mittee on Transportation and Infrastructure of the House 

16 of Representatives biannual reports that describe the Com17 mission’s progress toward addressing the issues raised in 

18 each unfinished regulatory proceeding, regardless of whether 

19 the proceeding is subject to a statutory or regulatory dead20 line. 

21 (b) FORMAT OF REPORTS.—Each report under sub22 section (a) shall, among other things, clearly identify for 

23 each unfinished regulatory proceeding— 

24 (1) the popular title; 

25 (2) the current stage of the proceeding; 


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1 (3) an abstract of the proceeding; 

2 (4) what prompted the action in question; 

3 (5) any applicable statutory, regulatory, or judi4 cial deadline; 

5 (6) the associated docket number; 

6 (7) the date the rulemaking was initiated; 

7 (8) a date for the next action; and 

8 (9) if a date for next action identified in the pre9 vious report is not met, the reason for the delay. 

10 SEC. 708. TREATMENT OF TUG OPERATORS. 

11 (a) EXCEPTIONS.—Section 40307(b)(1) of title 46, 

12 United States Code, is amended by inserting ‘‘tug opera13 tors,’’ after ‘‘motor carriers,’’. 

14 (b) CONCERTED ACTION.—Section 41105(4) of title 46, 

15 United States Code, is amended— 

16 (1) by striking ‘‘non-ocean carrier’’ and insert17 ing ‘‘tug operator, non-ocean carrier,’’; and 

18 (2) by inserting ‘‘tug operators or’’ after ‘‘States 

19 by those’’. 

20 SEC. 709. PROHIBITIONS AND PENALTIES. 

21 Section 41104(11) of title 46, United States Code, is 

22 amended by striking ‘‘a tariff as required by section 40501 

23 of this title and’’. 


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1 TITLE VIII—VESSEL INCIDENTAL 

2 DISCHARGE ACT 

3 SEC. 801. SHORT TITLE. 

4 This title may be cited as the ‘‘Vessel Incidental Dis5 charge Act’’. 

6 SEC. 802. DEFINITIONS. 

7 In this title: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Environ10 mental Protection Agency. 

11 (2) AQUATIC NUISANCE SPECIES.—The term 

12 ‘‘aquatic nuisance species’’ means a nonindigenous 

13 species (including a pathogen) that threatens the di14 versity or abundance of native species or the ecologi15 cal stability of navigable waters of the United States, 

16 or commercial, agricultural, aquacultural, or rec17 reational activities dependent on such waters. 

18 (3) BALLAST WATER.—The term ‘‘ballast water’’ 

19 means any water and suspended matter taken on 

20 board a commercial vessel to control or maintain 

21 trim, draught, stability, or stresses of the commercial 

22 vessel, regardless of how it is carried. 

23 (4) BALLAST WATER DISCHARGE STANDARD.— 

24 The term ‘‘ballast water discharge standard’’ means 

25 the numerical ballast water discharge standard set 


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1 forth in section 151.2030 of title 33, Code of Federal 

2 Regulations, or section 151.1511 of such title, or a re3 vised numerical ballast water discharge standard es4 tablished under section 805, as applicable. 

5 (5) BALLAST WATER MANAGEMENT SYSTEM.— 

6 The term ‘‘ballast water management system’’ means 

7 any system (including all ballast water treatment 

8 equipment and all associated control and monitoring 

9 equipment) that processes ballast water to kill, render 

10 harmless, or remove organisms. 

11 (6) COMMERCIAL VESSEL.— 

12 (A) IN GENERAL.—The term ‘‘commercial 

13 vessel’’ means a vessel (as defined in section 3 of 

14 title 1, United States Code) that is engaged in 

15 commercial service (as defined in section 2101 of 

16 title 46, United States Code). 

17 (B) EXCLUSION.—The term ‘‘commercial 

18 vessel’’ does not include a recreational vessel. 

19 (7) DISCHARGE INCIDENTAL TO THE NORMAL

20 OPERATION OF A COMMERCIAL VESSEL.— 

21 (A) IN GENERAL.—The term ‘‘discharge in22 cidental to the normal operation of a commercial 

23 vessel’’ means— 


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1 (i) a discharge into navigable waters of 

2 the United States from a commercial vessel 

3 of— 

4 (I)(aa) graywater, bilge water, 

5 cooling water, oil water separator efflu6 ent, anti-fouling hull coating leachate, 

7 boiler or economizer blowdown, byprod8 ucts from cathodic protection, control9 lable pitch propeller and thruster hy10 draulic fluid, distillation and reverse 

11 osmosis brine, elevator pit effluent, 

12 firemain system effluent, freshwater 

13 layup effluent, gas turbine wash water, 

14 motor gasoline and compensating efflu15 ent, refrigeration and air condensate 

16 effluent, seawater piping biofouling 

17 prevention substances, boat engine wet 

18 exhaust, sonar dome effluent, exhaust 

19 gas scrubber washwater, or stern tube 

20 packing gland effluent; or 

21 (bb) any other pollutant associ22 ated with the operation of a marine 

23 propulsion system, shipboard maneu24 vering system, habitability system, or 

25 installed major equipment, or from a 


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1 protective, preservative, or absorptive 

2 application to the hull of a commercial 

3 vessel; 

4 (II) deck runoff, deck washdown, 

5 above the waterline hull cleaning efflu6 ent, aqueous film forming foam efflu7 ent, chain locker effluent, non-oily ma8 chinery wastewater, underwater ship 

9 husbandry effluent, welldeck effluent, or 

10 fish hold and fish hold cleaning efflu11 ent; or 

12 (III) any effluent from a properly 

13 functioning marine engine; or 

14 (ii) a discharge of a pollutant into 

15 navigable waters of the United States in 

16 connection with the testing, maintenance, or 

17 repair of a system, equipment, or engine de18 scribed in subclause (I)(bb) or (III) of 

19 clause (i) whenever the commercial vessel is 

20 waterborne. 

21 (B) EXCLUSIONS.—The term ‘‘discharge in22 cidental to the normal operation of a commercial 

23 vessel’’ does not include— 


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1 (i) a discharge into navigable waters of 

2 the United States from a commercial vessel 

3 of— 

4 (I) ballast water; 

5 (II) rubbish, trash, garbage, in6 cinerator ash, or other such material 

7 discharged overboard; 

8 (III) oil or a hazardous substance 

9 (as such terms are defined in section 

10 311 of the Federal Water Pollution 

11 Control Act (33 U.S.C. 1321)); or 

12 (IV) sewage (as defined in section 

13 312(a)(6) of the Federal Water Pollu14 tion Control Act (33 U.S.C. 

15 1322(a)(6))); or 

16 (ii) any emission of an air pollutant 

17 resulting from the operation onboard a com18 mercial vessel of a commercial vessel pro19 pulsion system, motor driven equipment, or 

20 incinerator; or 

21 (iii) any discharge into navigable 

22 waters of the United States from a commer23 cial vessel when the commercial vessel is op24 erating in a capacity other than as a means 

25 of transportation on water. 


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1 (8) GENERAL PERMIT.—The term ‘‘General Per2 mit’’ means the Final National Pollutant Discharge 

3 Elimination System Vessel General Permit for Dis4 charges Incidental to the Normal Operation of a Ves5 sel noticed in the Federal Register on April 12, 2013 

6 (78 Fed. Reg. 21938). 

7 (9) GEOGRAPHICALLY LIMITED AREA.—The term 

8 ‘‘geographically limited area’’ means an area— 

9 (A) with a physical limitation that prevents 

10 a commercial vessel from operating outside the 

11 area, such as the Great Lakes and Saint Law12 rence River, as determined by the Secretary; or 

13 (B) that is ecologically homogeneous, as de14 termined by the Secretary in consultation with 

15 the heads of other Federal departments or agen16 cies the Secretary considers appropriate. 

17 (10) MAJOR CONVERSION.—The term ‘‘major 

18 conversion’’ has the meaning given such term in sec19 tion 2101(14a) of title 46, United States Code. 

20 (11) NAVIGABLE WATERS OF THE UNITED

21 STATES.—The term ‘‘navigable waters of the United 

22 States’’ has the meaning given such term in section 

23 2101(17a) of title 46, United States Code. 


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1 (12) OWNER OR OPERATOR.—The term ‘‘owner 

2 or operator’’ means a person owning, operating, or 

3 chartering by demise a commercial vessel. 

4 (13) POLLUTANT.—The term ‘‘pollutant’’ has the 

5 meaning given such term in section 502(6) of the Fed6 eral Water Pollution Control Act (33 U.S.C. 1362(6)). 

7 (14) RECREATIONAL VESSEL.—The term ‘‘rec8 reational vessel’’ has the meaning given such term in 

9 section 2101(25) of title 46, United States Code. 

10 (15) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the department in which the Coast 

12 Guard is operating. 

13 SEC. 803. EXISTING BALLAST WATER REGULATIONS. 

14 (a) EFFECT ON EXISTING REGULATIONS.—Any regu15 lation issued pursuant to the Nonindigenous Aquatic Nui16 sance Prevention and Control Act of 1990 that is in effect 

17 on the date immediately preceding the effective date of this 

18 title, and that relates to a matter subject to regulation 

19 under this title, shall remain in full force and effect unless 

20 or until superseded by a new regulation issued under this 

21 title relating to such matter. 

22 (b) APPLICATION OF OTHER REGULATIONS.—The reg23 ulations issued pursuant to the Nonindigenous Aquatic 

24 Nuisance Prevention and Control Act of 1990 (16 U.S.C. 

25 4701 et seq.) relating to sanctions for violating a regulation 


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1 under that Act shall apply to violations of a regulation 

2 issued under this title. 

3 SEC. 804. BALLAST WATER DISCHARGE REQUIREMENTS. 

4 (a) IN GENERAL.— 

5 (1) REQUIREMENTS.—Except as provided in 

6 paragraph (3), and subject to sections 151.2035 and 

7 151.2036 of title 33, Code of Federal Regulations (as 

8 in effect on the date of the enactment of this Act), an 

9 owner or operator may discharge ballast water into 

10 navigable waters of the United States from a commer11 cial vessel covered under subsection (b) only if— 

12 (A) by applying the best available tech13 nology economically achievable, the discharge 

14 meets the ballast water discharge standard; and 

15 (B) the owner or operator discharges the 

16 ballast water in accordance with other require17 ments established by the Secretary. 

18 (2) COMMERCIAL VESSELS ENTERING THE GREAT

19 LAKES SYSTEM AND HUDSON RIVER.—If a commercial 

20 vessel enters the Great Lakes through the Saint Law21 rence River or the Hudson River north of the George 

22 Washington Bridge after operating outside the exclu23 sive economic zone of the United States or Canada, 

24 the owner or operator shall— 

25 (A) comply with the requirements of— 


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1 (i) paragraph (1); 

2 (ii) subpart C of part 151 of title 33, 

3 Code of Federal Regulations; and 

4 (iii) section 401.30 of such title; and 

5 (B) conduct a complete ballast water ex6 change in an area that is 200 nautical miles or 

7 more from any shore before the owner or oper8 ator may discharge ballast water while operating 

9 in the Saint Lawrence River or the Great Lakes, 

10 subject to any requirements the Secretary deter11 mines necessary with regard to such exchange, or 

12 any ballast water management system that is to 

13 be used in conjunction with such exchange, to en14 sure that any discharge of ballast water complies 

15 with the requirements under paragraph (1). 

16 (3) SAFETY EXEMPTION.—Notwithstanding 

17 paragraphs (1) and (2), an owner or operator may 

18 discharge any ballast water into navigable waters of 

19 the United States from a commercial vessel if— 

20 (A) the ballast water is discharged solely to 

21 ensure the safety of life at sea; 

22 (B) the ballast water is discharged acciden23 tally as the result of damage to the commercial 

24 vessel or its equipment and— 


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1 (i) all reasonable precautions to pre2 vent or minimize the discharge have been 

3 taken; and 

4 (ii) the owner or operator did not will5 fully or recklessly cause such damage; or 

6 (C) the ballast water is discharged solely for 

7 the purpose of avoiding or minimizing a dis8 charge from the commercial vessel of a pollutant 

9 that would violate an applicable Federal or State 

10 law. 

11 (4) LIMITATION ON REQUIREMENTS.—In estab12 lishing requirements under this subsection, the Sec13 retary may not require the installation of a ballast 

14 water management system on a commercial vessel 

15 that— 

16 (A) carries all of its ballast water in sealed 

17 tanks that are not subject to discharge; or 

18 (B) discharges ballast water solely into a re19 ception facility described in section 807. 

20 (b) APPLICABILITY.— 

21 (1) COVERED VESSELS.—Except as provided in 

22 paragraph (2), subsection (a) shall apply to any com23 mercial vessel that is designed, constructed, or adapt24 ed to carry ballast water while such commercial vessel 

25 is operating in navigable waters of the United States. 


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1 (2) EXEMPTED VESSELS.—Subsection (a) shall 

2 not apply to a commercial vessel— 

3 (A) that continuously takes on and dis4 charges ballast water in a flow-through system, 

5 if such system does not introduce aquatic nui6 sance species into navigable waters of the United 

7 States, as determined by the Secretary; 

8 (B) that operates exclusively within a geo9 graphically limited area; 

10 (C) that operates pursuant to a geographic 

11 restriction issued as a condition under section 

12 3309 of title 46, United States Code, or an 

13 equivalent restriction issued by the country of 

14 registration of the commercial vessel; 

15 (D) in the National Defense Reserve Fleet 

16 that is scheduled to be disposed of through scrap17 ping or sinking; 

18 (E) that discharges ballast water consisting 

19 solely of water taken aboard from a public or 

20 commercial source that, at the time the water is 

21 taken aboard, meets the applicable regulations or 

22 permit requirements for such source under the 

23 Safe Drinking Water Act (42 U.S.C. 300f et 

24 seq.); or 


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1 (F) in an alternative compliance program 

2 established pursuant to section 806. 

3 (c) TYPE APPROVAL OF BALLAST WATER MANAGE4 MENT SYSTEMS THAT RENDER BALLAST WATER ORGA5 NISMS INCAPABLE OF REPRODUCTION.— 

6 (1) IN GENERAL.—Notwithstanding chapter 5 of 

7 title 5, United States Code, part 151 of title 33, Code 

8 of Federal Regulations, and part 162 of title 46, Code 

9 of Federal Regulations, a ballast water management 

10 system that renders organisms in ballast water in11 capable of reproduction at the concentrations pre12 scribed in the ballast water discharge standard shall 

13 be type approved by the Secretary, if— 

14 (A) such system— 

15 (i) undergoes type approval testing at 

16 an independent laboratory designated by 

17 the Secretary under such regulations; and 

18 (ii) meets the requirements of subpart 

19 162.060 of title 46, Code of Federal Regula20 tions, other than the requirements related to 

21 staining methods or measuring the con22 centration of living organisms; and 

23 (B) such laboratory uses a type approval 

24 testing method described in a final policy letter 

25 published under paragraph (2). 


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1 (2) TYPE APPROVAL TESTING METHODS.— 

2 (A) DRAFT POLICY.—Not later than 60 days 

3 after the date of enactment of this Act, the Sec4 retary shall publish a draft policy letter describ5 ing type approval testing methods capable of 

6 measuring the concentration of organisms in bal7 last water that are capable of reproduction. 

8 (B) PUBLIC COMMENT.—The Secretary shall 

9 provide for a period of not more than 60 days 

10 for the public to comment on the draft policy let11 ter published under paragraph (1). 

12 (C) FINAL POLICY.—Not later than 150 

13 days after the date of the enactment of this Act, 

14 the Secretary shall publish a final policy letter 

15 describing type approval testing methods capable 

16 of measuring the concentration of organisms in 

17 ballast water that are capable of reproduction. 

18 (D) REVISIONS.—The Secretary shall revise 

19 such policy letter as additional testing methods 

20 are determined by the Secretary to be capable of 

21 measuring the concentration of organisms in bal22 last water that are capable of reproduction. 

23 (E) CONSIDERATIONS.—In developing a 

24 policy letter under this paragraph, the Sec25 retary— 


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1 (i) shall consider a type approval test2 ing method that uses organism grow out 

3 and most probable number statistical anal4 ysis to determine the concentration of orga5 nisms in ballast water that are capable of 

6 reproduction; and 

7 (ii) shall not consider a type approval 

8 testing method that relies on a staining 

9 method that measures the concentration of 

10 organisms greater than or equal to 10 mi11 crometers and organisms less than or equal 

12 to 50 micrometers. 

13 SEC. 805. REVIEW OF BALLAST WATER DISCHARGE STAND14 ARD. 

15 (a) EFFECTIVENESS REVIEW.— 

16 (1) IN GENERAL.—The Secretary shall conduct 

17 reviews in accordance with this section to determine 

18 whether revising the ballast water discharge standard 

19 based on the application of the best available tech20 nology economically achievable would result in a re21 duction in the risk of the introduction or establish22 ment of aquatic nuisance species. 

23 (2) REQUIRED REVIEWS.—Not later than Janu24 ary 1, 2022, and every 10 years thereafter, the SecVerDate Sep 11 2014 22:27 Jun 05, 2017 Jkt 069200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6203 E:\BILLS\S1129.RS S1129

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1 retary, in consultation with the Administrator, shall 

2 complete a review under paragraph (1). 

3 (3) STATE PETITIONS FOR REVIEW.— 

4 (A) IN GENERAL.—The Governor of a State 

5 may submit a petition requesting the Secretary 

6 to conduct a review under paragraph (1) if there 

7 is significant new information that could reason8 ably indicate the ballast water discharge stand9 ard could be revised to result in a reduction in 

10 the risk of the introduction or establishment of 

11 aquatic nuisance species. 

12 (B) TIMING.—A Governor may not submit 

13 a petition under subparagraph (A) during the 1- 

14 year period following the date of completion of a 

15 review under paragraph (1). 

16 (C) REQUIRED INFORMATION.—A petition 

17 submitted to the Secretary under subparagraph 

18 (A) shall include— 

19 (i) a proposed ballast water discharge 

20 standard that would result in a reduction 

21 in the risk of the introduction or establish22 ment of aquatic nuisance species; 

23 (ii) information regarding any ballast 

24 water management systems that may 


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1 achieve the proposed ballast water discharge 

2 standard; 

3 (iii) the scientific and technical infor4 mation on which the petition is based, in5 cluding a description of the risk reduction 

6 that would result from the proposed ballast 

7 water discharge standard included under 

8 clause (i); and 

9 (iv) any additional information the 

10 Secretary considers appropriate. 

11 (D) PUBLIC AVAILABILITY.—Upon receiving 

12 a petition under subparagraph (A), the Sec13 retary shall make publicly available a copy of 

14 the petition, including the information included 

15 under subparagraph (C). 

16 (E) TREATMENT OF MORE THAN ONE PETI17 TION AS A SINGLE PETITION.—The Secretary 

18 may treat more than one petition submitted 

19 under subparagraph (A) as a single such peti20 tion. 

21 (F) AUTHORITY TO REVIEW.—After receiv22 ing a petition that meets the requirements of this 

23 paragraph, the Secretary, in consultation with 

24 the Administrator, may conduct a review under 

25 paragraph (1). 


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1 (b) PRACTICABILITY REVIEW.— 

2 (1) IN GENERAL.—If the Secretary determines 

3 under subsection (a) that revision of the ballast water 

4 discharge standard would result in a reduction in the 

5 risk of the introduction or establishment of aquatic 

6 nuisance species, the Secretary, in consultation with 

7 the Administrator, shall conduct a practicability re8 view to determine whether— 

9 (A) a ballast water management system 

10 that is capable of achieving the ballast water dis11 charge standard as proposed to be revised is eco12 nomically achievable and operationally prac13 ticable; and 

14 (B) testing protocols that can assure accu15 rate measurement of compliance with the ballast 

16 water discharge standard as proposed to be re17 vised can be practicably implemented. 

18 (2) CRITERIA FOR PRACTICABILITY REVIEW.—In 

19 conducting a practicability review under paragraph 

20 (1), the Secretary shall consider— 

21 (A) improvements in the scientific under22 standing of biological and ecological processes 

23 that lead to the introduction or establishment of 

24 aquatic nuisance species; 


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1 (B) improvements in ballast water manage2 ment systems, including— 

3 (i) the capability of such systems to 

4 achieve the ballast water discharge standard 

5 as proposed to be revised; 

6 (ii) the effectiveness and reliability of 

7 such systems in the shipboard environment; 

8 (iii) the compatibility of such systems 

9 with the design and operation of a commer10 cial vessel by class, type, and size; 

11 (iv) the commercial availability of such 

12 systems; and 

13 (v) the safety of such systems; 

14 (C) improvements in the capabilities to de15 tect, quantify, and assess whether aquatic nui16 sance species are capable of reproduction under 

17 the ballast water discharge standard as proposed 

18 to be revised; 

19 (D) the impact of ballast water manage20 ment systems on water quality; 

21 (E) the costs, cost-effectiveness, and effects 

22 of— 

23 (i) a revised ballast water discharge 

24 standard; and 


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1 (ii) maintaining the existing ballast 

2 water discharge standard; and 

3 (F) other criteria that the Secretary con4 siders appropriate. 

5 (3) INFORMATION FROM STATES.—In conducting 

6 a practicability review under paragraph (1), the Sec7 retary shall solicit information from the States con8 cerning matters the Secretary is required to consider 

9 under paragraph (2). 

10 (c) REVISED BALLAST WATER DISCHARGE STAND11 ARD.—The Secretary shall issue a rule to revise the ballast 

12 water discharge standard if the Secretary, in consultation 

13 with the Administrator, determines on the basis of the prac14 ticability review under subsection (b) that— 

15 (1) a ballast water management system that is 

16 capable of achieving the ballast water discharge 

17 standard as proposed to be revised is economically 

18 achievable and operationally practicable; and 

19 (2) testing protocols that can assure accurate 

20 measurement of compliance with the ballast water 

21 discharge standard as proposed to be revised can be 

22 practicably implemented. 

23 (d) REVISED BALLAST WATER DISCHARGE STANDARD

24 EFFECTIVE DATE AND COMPLIANCE DEADLINE.— 


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1 (1) IN GENERAL.—If the Secretary issues a rule 

2 to revise the ballast water discharge standard under 

3 subsection (c), the Secretary shall include in such 

4 rule— 

5 (A) an effective date for the revised ballast 

6 discharge standard that is 3 years after the date 

7 on which such rule is published in the Federal 

8 Register; and 

9 (B) for the owner or operator of a commer10 cial vessel that is constructed or completes a 

11 major conversion on or after the date that is 3 

12 years after the date on which the rule is pub13 lished in the Federal Register, a deadline to com14 ply with the revised ballast water discharge 

15 standard that is the first day on which such 

16 commercial vessel operates in navigable waters of 

17 the United States. 

18 (2) EXTENSIONS.—The Secretary shall establish 

19 a process for an owner or operator to submit a peti20 tion to the Secretary for an extension of a compliance 

21 deadline under paragraph (1)(B). 

22 (3) FACTORS.—In reviewing a petition under 

23 this subsection, the Secretary shall consider, with re24 spect to the ability of an owner or operator to meet 

25 a compliance deadline— 


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1 (A) whether the ballast water management 

2 system to be installed, if applicable, is available 

3 in sufficient quantities to meet the compliance 

4 deadline; 

5 (B) whether there is sufficient shipyard or 

6 other installation facility capacity; 

7 (C) whether there is sufficient availability 

8 of engineering and design resources; 

9 (D) commercial vessel characteristics, such 

10 as engine room size, layout, or a lack of installed 

11 piping; 

12 (E) electric power generating capacity 

13 aboard the commercial vessel; 

14 (F) the safety of the commercial vessel and 

15 crew; and 

16 (G) any other factor that the Secretary de17 termines appropriate. 

18 (4) CONSIDERATION OF PETITIONS.— 

19 (A) DETERMINATIONS.—The Secretary shall 

20 approve or deny a petition for an extension of a 

21 compliance deadline submitted by an owner or 

22 operator under this subsection. 

23 (B) DEADLINE.—If the Secretary does not 

24 approve or deny a petition referred to in sub25 paragraph (A) on or before the last day of the 


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1 90-day period beginning on the date of submis2 sion of the petition, the petition shall be deemed 

3 approved. 

4 (5) PERIOD OF USE OF INSTALLED BALLAST

5 WATER MANAGEMENT SYSTEM.— 

6 (A) IN GENERAL.—Subject to subparagraph 

7 (B), an owner or operator shall be considered to 

8 be in compliance with the ballast water dis9 charge standard if— 

10 (i) the ballast water management sys11 tem installed on the commercial vessel com12 plies with the ballast water discharge stand13 ard in effect at the time of installation, not14 withstanding any revisions to the ballast 

15 water discharge standard occurring after 

16 the installation; 

17 (ii) the owner or operator maintains 

18 the ballast water management system in 

19 proper working condition, as determined by 

20 the Secretary; and 

21 (iii) the ballast water management sys22 tem continues to meet the ballast water dis23 charge standard applicable to the commer24 cial vessel at the time of installation, as de25 termined by the Secretary. 


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1 (B) LIMITATION.—Subparagraph (A) shall 

2 cease to apply with respect to a commercial ves3 sel after— 

4 (i) the expiration of the service life of 

5 the ballast water management system of the 

6 commercial vessel, as determined by the Sec7 retary; 

8 (ii) the expiration of the service life of 

9 the commercial vessel, as determined by the 

10 Secretary; or 

11 (iii) the completion of a major conver12 sion of the commercial vessel. 

13 SEC. 806. ALTERNATIVE COMPLIANCE PROGRAM. 

14 The Secretary, in consultation with the Administrator, 

15 may issue a rule establishing 1 or more compliance pro16 grams that may be used by an owner or operator as an 

17 alternative to compliance with the requirements of section 

18 804(a) for a commercial vessel that— 

19 (1) has a maximum ballast water capacity of 

20 less than 8 cubic meters; or 

21 (2) is less than 3 years from the end of the serv22 ice life of the commercial vessel, as determined by the 

23 Secretary. 


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1 SEC. 807. RECEPTION FACILITIES. 

2 (a) IN GENERAL.—Notwithstanding the requirements 

3 under section 804(a), an owner or operator may discharge 

4 ballast water into an onshore or offshore facility for the re5 ception of ballast water that meets the standards established 

6 by the Administrator, in consultation with the Secretary, 

7 under subsection (b). 

8 (b) ISSUANCE OF STANDARDS.—Not later than 1 year 

9 after the date of enactment of this Act, the Administrator, 

10 in consultation with the Secretary, shall publish a rule in 

11 the Federal Register that establishes reasonable and prac12 ticable standards for reception facilities to mitigate adverse 

13 effects of aquatic nuisance species on navigable waters of 

14 the United States. 

15 SEC. 808. REQUIREMENTS FOR DISCHARGES INCIDENTAL 

16 TO THE NORMAL OPERATION OF A COMMER17 CIAL VESSEL. 

18 (a) IN GENERAL.—Not later than 2 years after the 

19 date of enactment of this Act, the Secretary, in consultation 

20 with the Administrator, shall publish a rule in the Federal 

21 Register that establishes best management practices for dis22 charges incidental to the normal operation of a commercial 

23 vessel for commercial vessels that are— 

24 (1) greater than or equal to 79 feet in length; 

25 and 


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1 (2) not fishing vessels, including fish processing 

2 vessels and fish tender vessels (as such terms are de3 fined in section 2101 of title 46, United States Code). 

4 (b) TRANSITION.— 

5 (1) IN GENERAL.—Notwithstanding the expira6 tion date for the General Permit, any practice, limi7 tation, or concentration applicable to any discharge 

8 incidental to the normal operation of a commercial 

9 vessel that is required by the General Permit on the 

10 date of enactment of this Act, and any reporting re11 quirement required by the General Permit on such 

12 date of enactment, shall remain in effect until the ef13 fective date of a rule issued by the Secretary under 

14 subsection (a). 

15 (2) PART 6 CONDITIONS.—Notwithstanding para16 graph (1) and any other provision of law, the terms 

17 and conditions of Part 6 of the General Permit (relat18 ing to specific requirements for individual States or 

19 Indian country lands) shall expire on the date of en20 actment of this Act. 

21 (c) APPLICATION TO CERTAIN VESSELS.— 

22 (1) APPLICATION OF FEDERAL WATER POLLU23 TION CONTROL ACT.—No permit shall be required 

24 under section 402 of the Federal Water Pollution Con25 trol Act (33 U.S.C. 1342) or prohibition enforced 


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1 under any other provision of law for, nor shall any 

2 best management practice regarding a discharge inci3 dental to the normal operation of a commercial vessel 

4 under this title apply to, a discharge incidental to the 

5 normal operation of a commercial vessel if the com6 mercial vessel is— 

7 (A) less than 79 feet in length; or 

8 (B) a fishing vessel, including a fish proc9 essing vessel and a fish tender vessel (as such 

10 terms are defined in section 2101 of title 46, 

11 United States Code). 

12 (2) APPLICATION OF GENERAL PERMIT.—The 

13 terms and conditions of the General Permit shall 

14 cease to apply to vessels described in subparagraphs 

15 (A) and (B) of paragraph (1) on the date of enact16 ment of this Act. 

17 (d) STATE PETITION FOR REVISION OF BEST MANAGE18 MENT PRACTICES.— 

19 (1) IN GENERAL.—The Governor of a State may 

20 submit a petition to the Secretary requesting that the 

21 Secretary revise a best management practice estab22 lished under subsection (a) if there is significant new 

23 information that could reasonably indicate that— 

24 (A) revising the best management practice 

25 would substantially reduce the adverse effects on 


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1 navigable waters of the United States of dis2 charges incidental to the normal operation of a 

3 commercial vessel; and 

4 (B) the revised best management practice 

5 would be economically achievable and operation6 ally practicable. 

7 (2) REQUIRED INFORMATION.—A petition sub8 mitted to the Secretary under paragraph (1) shall in9 clude— 

10 (A) the scientific and technical information 

11 on which the petition is based; and 

12 (B) any additional information the Sec13 retary considers appropriate. 

14 (3) PUBLIC AVAILABILITY.—Upon receiving a pe15 tition under paragraph (1), the Secretary shall make 

16 publicly available a copy of the petition, including 

17 the information included under paragraph (2). 

18 (4) TREATMENT OF MORE THAN ONE PETITION

19 AS A SINGLE PETITION.—The Secretary may treat 

20 more than one petition submitted under paragraph 

21 (1) as a single petition. 

22 (5) REVISION OF BEST MANAGEMENT PRAC23 TICES.—If, after reviewing a petition submitted by a 

24 Governor under paragraph (1), the Secretary, in con25 sultation with the Administrator, determines that reVerDate Sep 11 2014 22:27 Jun 05, 2017 Jkt 069200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6203 E:\BILLS\S1129.RS S1129

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1 vising a best management practice would substan2 tially reduce the adverse effects on navigable waters of 

3 the United States of discharges incidental to the nor4 mal operation of a commercial vessel, and the revised 

5 best management practice would be economically 

6 achievable and operationally practicable, the Sec7 retary, in consultation with the Administrator, may 

8 issue a rule to revise the best management practice es9 tablished under subsection (a). 

10 SEC. 809. JUDICIAL REVIEW. 

11 (a) IN GENERAL.—A person may file a petition for 

12 review of a final rule issued under this title in the United 

13 States Court of Appeals for the District of Columbia Cir14 cuit. 

15 (b) DEADLINE.— 

16 (1) IN GENERAL.—A petition shall be filed under 

17 this section not later than 120 days after the date on 

18 which the rule to be reviewed is published in the Fed19 eral Register. 

20 (2) EXCEPTION.—Notwithstanding paragraph 

21 (1), a petition that is based solely on grounds that 

22 arise after the deadline to file a petition under para23 graph (1) has passed may be filed not later than 120 

24 days after the date on which such grounds first arise. 


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1 SEC. 810. STATE ENFORCEMENT. 

2 The Secretary may enter into an agreement with the 

3 Governor of a State to authorize the State to enforce the 

4 provisions of this title, as the Secretary considers appro5 priate. 

6 SEC. 811. EFFECT ON STATE AUTHORITY. 

7 (a) IN GENERAL.—Except as provided in subsection 

8 (b) and as necessary to implement an agreement entered 

9 into under section 810, no State or political subdivision 

10 thereof may adopt or enforce any statute, regulation, or 

11 other requirement of the State or political subdivision with 

12 respect to— 

13 (1) a discharge into navigable waters of the 

14 United States from a commercial vessel of ballast 

15 water; or 

16 (2) a discharge incidental to the normal oper17 ation of a commercial vessel. 

18 (b) PRESERVATION OF AUTHORITY.—Nothing in this 

19 title may be construed as affecting the authority of a State 

20 or political subdivision thereof to adopt or enforce any stat21 ute, regulation, or other requirement with respect to any 

22 water or other substance discharged or emitted from a vessel 

23 in preparation for transport of the vessel by land from one 

24 body of water to another body of water. 


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1 SEC. 812. EFFECT ON OTHER LAWS. 

2 (a) APPLICATION OF FEDERAL WATER POLLUTION

3 CONTROL ACT.— 

4 (1) IN GENERAL.—Except as provided in section 

5 808(b), on or after the date of enactment of this Act, 

6 the Federal Water Pollution Control Act (33 U.S.C. 

7 1251 et seq.) shall not apply to a discharge into navi8 gable waters of the United States of ballast water 

9 from a commercial vessel or a discharge incidental to 

10 the normal operation of a commercial vessel. 

11 (2) OIL AND HAZARDOUS SUBSTANCE LIABILITY; 

12 MARINE SANITATION DEVICES.—Nothing in this title 

13 may be construed as affecting the application to a 

14 commercial vessel of section 311 or 312 of the Federal 

15 Water Pollution Control Act (33 U.S.C. 1321 and 

16 1322). 

17 (b) ESTABLISHED REGIMES.—Notwithstanding any 

18 other provision of this title, nothing in this title may be 

19 construed as affecting the authority of the Federal Govern20 ment under— 

21 (1) the Act to Prevent Pollution from Ships (33 

22 U.S.C. 1901 et seq.) with respect to the regulation by 

23 the Federal Government of any discharge or emission 

24 that, on or after the date of enactment of this Act, is 

25 covered under the International Convention for the 


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1 Prevention of Pollution from Ships, 1973, as modified 

2 by the Protocol of 1978; and 

3 (2) title X of the Coast Guard Authorization Act 

4 of 2010 (33 U.S.C. 3801 et seq.) with respect to the 

5 regulation by the Federal Government of any anti6 fouling system that, on or after the date of enactment 

7 of this Act, is covered under the International Con8 vention on the Control of Harmful Anti-fouling Sys9 tems on Ships, done at London October 5, 2001. 

10 (c) INTERNATIONAL LAW.— 

11 (1) IN GENERAL.—Any action taken under this 

12 title shall be taken in accordance with international 

13 law. 

14 (2) STANDARDS.—Nothing in this title may be 

15 construed to impose any design, equipment, or oper16 ation standard on a commercial vessel not docu17 mented under the laws of the United States and en18 gaged in innocent passage unless the standard imple19 ments a generally accepted international rule, as de20 termined by the Secretary. 

21 (d) OTHER AUTHORITIES.—Nothing in this title may 

22 be construed as affecting the authority of the Secretary of 

23 Commerce or the Secretary of the Interior, as the case may 

24 be, to administer lands or waters under such Secretary’s 

25 administrative control. 


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1 (e) CONFORMING AMENDMENTS.—The Nonindigenous 

2 Aquatic Nuisance Prevention and Control Act of 1990 (16 

3 U.S.C. 4701 et seq.) is amended— 

4 (1) in section 1101(c)(2) (16 U.S.C. 

5 4711(c)(2))— 

6 (A) in subparagraph (K), by striking ‘‘; 

7 and’’ and inserting a period; and 

8 (B) by striking subparagraph (L); and 

9 (2) in section 1205 (16 U.S.C. 4725), by adding 

10 at the end the following: ‘‘Ballast water and dis11 charges incidental to the normal operation of a com12 mercial vessel (as such terms are defined in the Vessel 

13 Incidental Discharge Act) shall be regulated pursuant 

14 to such Act.’’. 

15 TITLE IX—NATIONAL OCEANIC 

16 AND ATMOSPHERIC ADMINIS17 TRATION COMMISSIONED OF18 FICER CORPS AMENDMENTS 

19 AND HYDROGRAPHIC SERV20 ICES IMPROVEMENT ACT RE21 AUTHORIZATION AND AMEND22 MENTS ACT OF 2017 

23 SEC. 901. SHORT TITLE. 

24 This title may be cited as the ‘‘National Oceanic and 

25 Atmospheric Administration Commissioned Officer Corps 


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1 Amendments and Hydrographic Services Improvement Act 

2 Reauthorization and Amendments Act of 2017’’. 

3 SEC. 902. REFERENCES TO NATIONAL OCEANIC AND ATMOS4 PHERIC ADMINISTRATION COMMISSIONED 

5 OFFICER CORPS ACT OF 2002. 

6 Except as otherwise expressly provided, whenever in 

7 this title an amendment or repeal is expressed in terms of 

8 an amendment to, or repeal of, a section or other provision, 

9 the reference shall be considered to be made to a section or 

10 other provision of the National Oceanic and Atmospheric 

11 Administration Commissioned Officer Corps Act of 2002 

12 (33 U.S.C. 3001 et seq.). 

13 Subtitle A—General Provisions 

14 SEC. 911. STRENGTH AND DISTRIBUTION IN GRADE. 

15 Section 214 (33 U.S.C. 3004) is amended to read as 

16 follows: 

17 ‘‘SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE. 

18 ‘‘(a) GRADES.—The commissioned grades in the com19 missioned officer corps of the Administration are the fol20 lowing, in relative rank with officers of the Navy: 

21 ‘‘(1) Vice admiral. 

22 ‘‘(2) Rear admiral. 

23 ‘‘(3) Rear admiral (lower half). 

24 ‘‘(4) Captain. 

25 ‘‘(5) Commander. 


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1 ‘‘(6) Lieutenant commander. 

2 ‘‘(7) Lieutenant. 

3 ‘‘(8) Lieutenant (junior grade). 

4 ‘‘(9) Ensign. 

5 ‘‘(b) GRADE DISTRIBUTION.—The Secretary shall pre6 scribe, with respect to the distribution on the lineal list in 

7 grade, the percentages applicable to the grades set forth in 

8 subsection (a). 

9 ‘‘(c) ANNUAL COMPUTATION OF NUMBER IN GRADE.— 

10 ‘‘(1) IN GENERAL.—Not less frequently than once 

11 each year, the Secretary shall make a computation to 

12 determine the number of officers on the lineal list au13 thorized to be serving in each grade. 

14 ‘‘(2) METHOD OF COMPUTATION.—The number 

15 in each grade shall be computed by applying the ap16 plicable percentage to the total number of such officers 

17 serving on active duty on the date the computation is 

18 made. 

19 ‘‘(3) FRACTIONS.—If a final fraction occurs in 

20 computing the authorized number of officers in a 

21 grade, the nearest whole number shall be taken. If the 

fraction is 1 22 ⁄2, the next higher whole number shall be 

23 taken. 

24 ‘‘(d) TEMPORARY INCREASE IN NUMBERS.—The total 

25 number of officers authorized by law to be on the lineal list 


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1 during a fiscal year may be temporarily exceeded if the av2 erage number on that list during that fiscal year does not 

3 exceed the authorized number. 

4 ‘‘(e) POSITIONS OF IMPORTANCE AND RESPONSI5 BILITY.—Officers serving in positions designated under sec6 tion 228(a) and officers recalled from retired status shall 

7 not be counted when computing authorized strengths under 

8 subsection (c) and shall not count against those strengths. 

9 ‘‘(f) PRESERVATION OF GRADE AND PAY.—No officer 

10 may be reduced in grade or pay or separated from the com11 missioned officer corps of the Administration as the result 

12 of a computation made to determine the authorized number 

13 of officers in the various grades.’’. 

14 SEC. 912. RECALLED OFFICERS. 

15 Section 215 (33 U.S.C. 3005) is amended— 

16 (1) in the matter before paragraph (1), by strik17 ing ‘‘Effective’’ and inserting the following: 

18 ‘‘(a) IN GENERAL.—Effective’’; and 

19 (2) by adding at the end the following new sub20 section: 

21 ‘‘(b) POSITIONS OF IMPORTANCE AND RESPONSI22 BILITY.—Officers serving in positions designated under sec23 tion 228 and officers recalled from retired status or detailed 

24 to an agency other than the Administration— 


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1 ‘‘(1) may not be counted in determining the total 

2 number of authorized officers on the lineal list under 

3 this section; and 

4 ‘‘(2) may not count against such number.’’. 

5 SEC. 913. OBLIGATED SERVICE REQUIREMENT. 

6 (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 et seq.) 

7 is amended by adding at the end the following: 

8 ‘‘SEC. 216. OBLIGATED SERVICE REQUIREMENT. 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) RULEMAKING.—The Secretary shall pre11 scribe the obligated service requirements for appoint12 ments, training, promotions, separations, continu13 ations, and retirement of officers not otherwise cov14 ered by law. 

15 ‘‘(2) WRITTEN AGREEMENTS.—The Secretary 

16 and officers shall enter into written agreements that 

17 describe the officers’ obligated service requirements 

18 prescribed under paragraph (1) in return for such ap19 pointments, training, promotions, separations, and 

20 retirements as the Secretary considers appropriate. 

21 ‘‘(b) REPAYMENT FOR FAILURE TO SATISFY REQUIRE22 MENTS.— 

23 ‘‘(1) IN GENERAL.—The Secretary may require 

24 an officer who fails to meet the service requirements 

25 prescribed under subsection (a)(1) to reimburse the 


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1 Secretary in an amount that bears the same ratio to 

2 the total costs of the training provided to that officer 

3 by the Secretary as the unserved portion of active 

4 duty bears to the total period of active duty the officer 

5 agreed to serve. 

6 ‘‘(2) OBLIGATION AS DEBT TO UNITED STATES.— 

7 An obligation to reimburse the Secretary under para8 graph (1) shall be considered for all purposes as a 

9 debt owed to the United States. 

10 ‘‘(3) DISCHARGE IN BANKRUPTCY.—A discharge 

11 in bankruptcy under title 11 that is entered less than 

12 5 years after the termination of a written agreement 

13 entered into under subsection (a)(2) does not dis14 charge the individual signing the agreement from a 

15 debt arising under such agreement. 

16 ‘‘(c) WAIVER OR SUSPENSION OF COMPLIANCE.—The 

17 Secretary may waive the service obligation of an officer 

18 who— 

19 ‘‘(1) becomes unqualified to serve on active duty 

20 in the commissioned officer corps of the Administra21 tion because of a circumstance not within the control 

22 of that officer; or 

23 ‘‘(2) is— 

24 ‘‘(A) not physically qualified for appoint25 ment; and 


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1 ‘‘(B) determined to be unqualified for serv2 ice in the commissioned officer corps of the Ad3 ministration because of a physical or medical 

4 condition that was not the result of the officer’s 

5 own misconduct or grossly negligent conduct.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections in 

7 section 1 of the Act entitled ‘‘An Act to authorize the Hydro8 graphic Services Improvement Act of 1998, and for other 

9 purposes’’ (Public Law 107–372) is amended by inserting 

10 after the item relating to section 215 the following: 

‘‘Sec. 216. Obligated service requirement.’’. 

11 SEC. 914. TRAINING AND PHYSICAL FITNESS. 

12 (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 et seq.), 

13 as amended by section 913(a), is further amended by add14 ing at the end the following: 

15 ‘‘SEC. 217. TRAINING AND PHYSICAL FITNESS. 

16 ‘‘(a) TRAINING.—The Secretary may take such meas17 ures as may be necessary to ensure that officers are pre18 pared to carry out their duties in the commissioned officer 

19 corps of the Administration and proficient in the skills nec20 essary to carry out such duties. Such measures may include 

21 the following: 

22 ‘‘(1) Carrying out training programs and cor23 respondence courses, including establishing and oper24 ating a basic officer training program to provide ini25 tial indoctrination and maritime vocational training 


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1 for officer candidates as well as refresher training, 

2 mid-career training, aviation training, and such 

3 other training as the Secretary considers necessary for 

4 officer development and proficiency. 

5 ‘‘(2) Providing officers and officer candidates 

6 with books and school supplies. 

7 ‘‘(3) Acquiring such equipment as may be nec8 essary for training and instructional purposes. 

9 ‘‘(b) PHYSICAL FITNESS.—The Secretary shall ensure 

10 that officers maintain a high physical state of readiness by 

11 establishing standards of physical fitness for officers that 

12 are substantially equivalent to those prescribed for officers 

13 in the Coast Guard.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections in 

15 section 1 of the Act entitled ‘‘An Act to authorize the Hydro16 graphic Services Improvement Act of 1998, and for other 

17 purposes’’ (Public Law 107–372), as amended by section 

18 913(b), is further amended by inserting after the item relat19 ing to section 216 the following: 

‘‘Sec. 217. Training and physical fitness.’’. 

20 SEC. 915. RECRUITING MATERIALS. 

21 (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 et seq.), 

22 as amended by section 914(a), is further amended by add23 ing at the end the following: 


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1 ‘‘SEC. 218. USE OF RECRUITING MATERIALS FOR PUBLIC RE2 LATIONS. 

3 ‘‘The Secretary may use for public relations purposes 

4 of the Department of Commerce any advertising materials 

5 developed for use for recruitment and retention of personnel 

6 for the commissioned officer corps of the Administration. 

7 Any such use shall be under such conditions and subject 

8 to such restrictions as the Secretary shall prescribe.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections in 

10 section 1 of the Act entitled ‘‘An Act to authorize the Hydro11 graphic Services Improvement Act of 1998, and for other 

12 purposes’’ (Public Law 107–372), as amended by section 

13 914(b), is further amended by inserting after the item relat14 ing to section 217 the following: 

‘‘Sec. 218. Use of recruiting materials for public relations.’’. 

15 SEC. 916. TECHNICAL CORRECTION. 

16 Section 101(21)(C) of title 38, United States Code, is 

17 amended by inserting ‘‘in the commissioned officer corps’’ 

18 before ‘‘of the National’’. 

19 Subtitle B—Parity and Recruitment 

20 SEC. 921. EDUCATION LOANS. 

21 (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et seq.) 

22 is amended by adding at the end the following: 

23 ‘‘SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM. 

24 ‘‘(a) AUTHORITY TO REPAY EDUCATION LOANS.—For 

25 the purpose of maintaining adequate numbers of officers of 


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1 the commissioned officer corps of the Administration on ac2 tive duty who have skills required by the commissioned offi3 cer corps, the Secretary may repay, in the case of a person 

4 described in subsection (b), a loan that— 

5 ‘‘(1) was used by the person to finance edu6 cation; and 

7 ‘‘(2) was obtained from a governmental entity, 

8 private financial institution, educational institution, 

9 or other authorized entity. 

10 ‘‘(b) ELIGIBLE PERSONS.—To be eligible to obtain a 

11 loan repayment under this section, a person must— 

12 ‘‘(1) satisfy 1 of the requirements specified in 

13 subsection (c); 

14 ‘‘(2) be fully qualified for, or hold, an appoint15 ment as a commissioned officer in the commissioned 

16 officer corps of the Administration; and 

17 ‘‘(3) sign a written agreement to serve on active 

18 duty, or, if on active duty, to remain on active duty 

19 for a period in addition to any other incurred active 

20 duty obligation. 

21 ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE22 MENTS.—One of the following academic requirements must 

23 be satisfied for purposes of determining the eligibility of an 

24 individual for a loan repayment under this section: 


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1 ‘‘(1) The person is fully qualified in a profession 

2 that the Secretary has determined to be necessary to 

3 meet identified skill shortages in the commissioned of4 ficer corps. 

5 ‘‘(2) The person is enrolled as a full-time student 

6 in the final year of a course of study at an accredited 

7 educational institution (as determined by the Sec8 retary of Education) leading to a degree in a profes9 sion that will meet identified skill shortages in the 

10 commissioned officer corps. 

11 ‘‘(d) LOAN REPAYMENTS.— 

12 ‘‘(1) IN GENERAL.—Subject to the limits estab13 lished under paragraph (2), a loan repayment under 

14 this section may consist of the payment of the prin15 cipal, interest, and related expenses of a loan obtained 

16 by a person described in subsection (b). 

17 ‘‘(2) LIMITATION ON AMOUNT.—For each year of 

18 obligated service that a person agrees to serve in an 

19 agreement described in subsection (b)(3), the Sec20 retary may pay not more than the amount specified 

21 in section 2173(e)(2) of title 10, United States Code. 

22 ‘‘(e) ACTIVE DUTY SERVICE OBLIGATION.— 

23 ‘‘(1) IN GENERAL.—A person entering into an 

24 agreement described in subsection (b)(3) incurs an ac25 tive duty service obligation. 


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1 ‘‘(2) LENGTH OF OBLIGATION DETERMINED

2 UNDER REGULATIONS.— 

3 ‘‘(A) IN GENERAL.—Except as provided in 

4 subparagraph (B), the length of the obligation 

5 under paragraph (1) shall be determined under 

6 regulations prescribed by the Secretary. 

7 ‘‘(B) MINIMUM OBLIGATION.—The regula8 tions prescribed under subparagraph (A) may 

9 not provide for a period of obligation of less than 

10 1 year for each maximum annual amount, or 

11 portion thereof, paid on behalf of the person for 

12 qualified loans. 

13 ‘‘(3) PERSONS ON ACTIVE DUTY BEFORE ENTER14 ING INTO AGREEMENT.—The active duty service obli15 gation of persons on active duty before entering into 

16 the agreement shall be served after the conclusion of 

17 any other obligation incurred under the agreement. 

18 ‘‘(f) EFFECT OF FAILURE TO COMPLETE OBLIGA19 TION.— 

20 ‘‘(1) ALTERNATIVE OBLIGATIONS.—An officer 

21 who is relieved of the officer’s active duty obligation 

22 under this section before the completion of that obliga23 tion may be given any alternative obligation, at the 

24 discretion of the Secretary. 


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1 ‘‘(2) REPAYMENT.—An officer who does not com2 plete the period of active duty specified in the agree3 ment entered into under subsection (b)(3), or the al4 ternative obligation imposed under paragraph (1), 

5 shall be subject to the repayment provisions under sec6 tion 216. 

7 ‘‘(g) RULEMAKING.—The Secretary shall prescribe reg8 ulations to carry out this section, including— 

9 ‘‘(1) standards for qualified loans and authorized 

10 payees; and 

11 ‘‘(2) other terms and conditions for the making 

12 of loan repayments.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections in 

14 section 1 of the Act entitled ‘‘An Act to authorize the Hydro15 graphic Services Improvement Act of 1998, and for other 

16 purposes’’ (Public Law 107–372) is amended by inserting 

17 after the item relating to section 266 the following: 

‘‘Sec. 267. Education loan repayment program.’’. 

18 SEC. 922. INTEREST PAYMENTS. 

19 (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et seq.), 

20 as amended by section 921(a), is further amended by add21 ing at the end the following: 

22 ‘‘SEC. 268. INTEREST PAYMENT PROGRAM. 

23 ‘‘(a) AUTHORITY.—The Secretary may pay the interest 

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1 dent loans of an eligible officer, in accordance with this sec2 tion. 

3 ‘‘(b) ELIGIBLE OFFICERS.—An officer is eligible for 

4 the benefit described in subsection (a) while the officer— 

5 ‘‘(1) is serving on active duty; 

6 ‘‘(2) has not completed more than 3 years of 

7 service on active duty; 

8 ‘‘(3) is the debtor on 1 or more unpaid loans de9 scribed in subsection (c); and 

10 ‘‘(4) is not in default on any such loan. 

11 ‘‘(c) STUDENT LOANS.—The authority to make pay12 ments under subsection (a) may be exercised with respect 

13 to the following loans: 

14 ‘‘(1) A loan made, insured, or guaranteed under 

15 part B of title IV of the Higher Education Act of 

16 1965 (20 U.S.C. 1071 et seq.). 

17 ‘‘(2) A loan made under part D of such title (20 

18 U.S.C. 1087a et seq.). 

19 ‘‘(3) A loan made under part E of such title (20 

20 U.S.C. 1087aa et seq.). 

21 ‘‘(d) MAXIMUM BENEFIT.—Interest and any special 

22 allowance may be paid on behalf of an officer under this 

23 section for any of the 36 consecutive months during which 

24 the officer is eligible under subsection (b). 


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1 ‘‘(e) FUNDS FOR PAYMENTS.—The Secretary may use 

2 amounts appropriated for the pay and allowances of per3 sonnel of the commissioned officer corps of the Administra4 tion for payments under this section. 

5 ‘‘(f) COORDINATION WITH SECRETARY OF EDU6 CATION.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall consult 

8 with the Secretary of Education regarding the admin9 istration of this section. 

10 ‘‘(2) TRANSFER OF FUNDS.—The Secretary shall 

11 transfer to the Secretary of Education the funds nec12 essary— 

13 ‘‘(A) to pay interest and special allowances 

14 on student loans under this section (in accord15 ance with sections 428(o), 455(l), and 464(j) of 

16 the Higher Education Act of 1965 (20 U.S.C. 

17 1078(o), 1087e(l), and 1087dd(j)); and 

18 ‘‘(B) to reimburse the Secretary of Edu19 cation for any reasonable administrative costs 

20 incurred by the Secretary in coordinating the 

21 program under this section with the administra22 tion of the student loan programs under parts B, 

23 D, and E of title IV of the Higher Education Act 

24 of 1965 (20 U.S.C. 1071 et seq., 1087a et seq., 

25 1087aa et seq.). 


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1 ‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this section, 

2 the term ‘special allowance’ means a special allowance that 

3 is payable under section 438 of the Higher Education Act 

4 of 1965 (20 U.S.C. 1087–1).’’. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) Section 428(o) of the Higher Education Act 

7 of 1965 (20 U.S.C. 1078(o)) is amended— 

8 (A) by striking the subsection heading and 

9 inserting ‘‘ARMED FORCES AND NOAA COMMIS10 SIONED OFFICER CORPS STUDENT LOAN INTER11 EST PAYMENT PROGRAMS’’; and 

12 (B) in paragraph (1)— 

13 (i) by inserting ‘‘or section 268 of the 

14 National Oceanic and Atmospheric Admin15 istration Commissioned Officer Corps Act of 

16 2002’’ after ‘‘Code,’’; and 

17 (ii) by inserting ‘‘or an officer in the 

18 commissioned officer corps of the National 

19 Oceanic and Atmospheric Administration, 

20 respectively,’’ after ‘‘Armed Forces’’. 

21 (2) Sections 455(l) and 464(j) of the Higher 

22 Education Act of 1965 (20 U.S.C. 1087e(l) and 

23 1087dd(j)) are each amended— 

24 (A) by striking the subsection heading and 

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1 SIONED OFFICER CORPS STUDENT LOAN INTER2 EST PAYMENT PROGRAMS’’; and 

3 (B) in paragraph (1)— 

4 (i) by inserting ‘‘or section 268 of the 

5 National Oceanic and Atmospheric Admin6 istration Commissioned Officer Corps Act of 

7 2002’’ after ‘‘Code,’’; and 

8 (ii) by inserting ‘‘or an officer in the 

9 commissioned officer corps of the National 

10 Oceanic and Atmospheric Administration, 

11 respectively’’ after ‘‘Armed Forces’’. 

12 (c) CLERICAL AMENDMENT.—The table of sections in 

13 section 1 of the Act entitled ‘‘An Act to authorize the Hydro14 graphic Services Improvement Act of 1998, and for other 

15 purposes’’ (Public Law 107–372), as amended by section 

16 921(b), is further amended by inserting after the item relat17 ing to section 267 the following: 

‘‘Sec. 268. Interest payment program.’’. 

18 SEC. 923. STUDENT PRE-COMMISSIONING PROGRAM. 

19 (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et seq.), 

20 as amended by section 922(a), is further amended by add21 ing at the end the following: 

22 ‘‘SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION AS23 SISTANCE PROGRAM. 

24 ‘‘(a) AUTHORITY TO PROVIDE FINANCIAL ASSIST25 ANCE.—For the purpose of maintaining adequate numbers 


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1 of officers of the commissioned officer corps of the Adminis2 tration on active duty, the Secretary may provide financial 

3 assistance to a person described in subsection (b) for ex4 penses of the person while the person is pursuing on a full5 time basis at an accredited educational institution (as de6 termined by the Secretary of Education) a program of edu7 cation approved by the Secretary that leads to— 

8 ‘‘(1) a baccalaureate degree in not more than 5 

9 academic years; or 

10 ‘‘(2) a postbaccalaureate degree. 

11 ‘‘(b) ELIGIBLE PERSONS.— 

12 ‘‘(1) IN GENERAL.—A person is eligible to obtain 

13 financial assistance under subsection (a) if the per14 son— 

15 ‘‘(A) is enrolled on a full-time basis in a 

16 program of education referred to in subsection 

17 (a) at any educational institution described in 

18 such subsection; 

19 ‘‘(B) meets all of the requirements for ac20 ceptance into the commissioned officer corps of 

21 the Administration except for the completion of 

22 a baccalaureate degree; and 

23 ‘‘(C) enters into a written agreement with 

24 the Secretary described in paragraph (2). 


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1 ‘‘(2) AGREEMENT.—A written agreement referred 

2 to in paragraph (1)(C) is an agreement between the 

3 person and the Secretary in which the person— 

4 ‘‘(A) agrees to accept an appointment as an 

5 officer, if tendered; and 

6 ‘‘(B) upon completion of the person’s edu7 cational program, agrees to serve on active duty, 

8 immediately after appointment, for— 

9 ‘‘(i) up to 3 years if the person re10 ceived less than 3 years of assistance; and 

11 ‘‘(ii) up to 5 years if the person re12 ceived at least 3 years of assistance. 

13 ‘‘(c) QUALIFYING EXPENSES.—Expenses for which fi14 nancial assistance may be provided under subsection (a) 

15 are the following: 

16 ‘‘(1) Tuition and fees charged by the educational 

17 institution involved. 

18 ‘‘(2) The cost of books. 

19 ‘‘(3) In the case of a program of education lead20 ing to a baccalaureate degree, laboratory expenses. 

21 ‘‘(4) Such other expenses as the Secretary con22 siders appropriate. 

23 ‘‘(d) LIMITATION ON AMOUNT.—The Secretary shall 

24 prescribe the amount of financial assistance provided to a 

25 person under subsection (a), which may not exceed the 


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1 amount specified in section 2173(e)(2) of title 10, United 

2 States Code, for each year of obligated service that a person 

3 agrees to serve in an agreement described in subsection 

4 (b)(2). 

5 ‘‘(e) DURATION OF ASSISTANCE.—Financial assist6 ance may be provided to a person under subsection (a) for 

7 not more than 5 consecutive academic years. 

8 ‘‘(f) SUBSISTENCE ALLOWANCE.— 

9 ‘‘(1) IN GENERAL.—A person who receives finan10 cial assistance under subsection (a) shall be entitled 

11 to a monthly subsistence allowance at a rate pre12 scribed under paragraph (2) for the duration of the 

13 period for which the person receives such financial as14 sistance. 

15 ‘‘(2) DETERMINATION OF AMOUNT.—The Sec16 retary shall prescribe monthly rates for subsistence al17 lowance provided under paragraph (1), which shall be 

18 equal to the amount specified in section 2144(a) of 

19 title 10, United States Code. 

20 ‘‘(g) INITIAL CLOTHING ALLOWANCE.— 

21 ‘‘(1) TRAINING.—The Secretary may prescribe a 

22 sum which shall be credited to each person who re23 ceives financial assistance under subsection (a) to 

24 cover the cost of the person’s initial clothing and 

25 equipment issue. 


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1 ‘‘(2) APPOINTMENT.—Upon completion of the 

2 program of education for which a person receives fi3 nancial assistance under subsection (a) and accept4 ance of appointment in the commissioned officer corps 

5 of the Administration, the person may be issued a 

6 subsequent clothing allowance equivalent to that nor7 mally provided to a newly appointed officer. 

8 ‘‘(h) TERMINATION OF FINANCIAL ASSISTANCE.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall termi10 nate the assistance provided to a person under this 

11 section if— 

12 ‘‘(A) the Secretary accepts a request by the 

13 person to be released from an agreement de14 scribed in subsection (b)(2); 

15 ‘‘(B) the misconduct of the person results in 

16 a failure to complete the period of active duty re17 quired under the agreement; or 

18 ‘‘(C) the person fails to fulfill any term or 

19 condition of the agreement. 

20 ‘‘(2) REIMBURSEMENT.—The Secretary may re21 quire a person who receives assistance described in 

22 subsection (c), (f), or (g) under an agreement entered 

23 into under subsection (b)(1)(C) to reimburse the Sec24 retary in an amount that bears the same ratio to the 

25 total costs of the assistance provided to that person as 


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1 the unserved portion of active duty bears to the total 

2 period of active duty the officer agreed to serve under 

3 the agreement. 

4 ‘‘(3) WAIVER.—The Secretary may waive the 

5 service obligation of a person through an agreement 

6 entered into under subsection (b)(1)(C) if the per7 son— 

8 ‘‘(A) becomes unqualified to serve on active 

9 duty in the commissioned officer corps of the Ad10 ministration because of a circumstance not with11 in the control of that person; or 

12 ‘‘(B) is— 

13 ‘‘(i) not physically qualified for ap14 pointment; and 

15 ‘‘(ii) determined to be unqualified for 

16 service in the commissioned officer corps of 

17 the Administration because of a physical or 

18 medical condition that was not the result of 

19 the person’s own misconduct or grossly neg20 ligent conduct. 

21 ‘‘(4) OBLIGATION AS DEBT TO UNITED STATES.— 

22 An obligation to reimburse the Secretary imposed 

23 under paragraph (2) is, for all purposes, a debt owed 

24 to the United States. 


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1 ‘‘(5) DISCHARGE IN BANKRUPTCY.—A discharge 

2 in bankruptcy under title 11, United States Code, 

3 that is entered less than 5 years after the termination 

4 of a written agreement entered into under subsection 

5 (b)(1)(C) does not discharge the person signing the 

6 agreement from a debt arising under such agreement 

7 or under paragraph (2). 

8 ‘‘(i) REGULATIONS.—The Secretary may promulgate 

9 such regulations and orders as the Secretary considers ap10 propriate to carry out this section.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections in 

12 section 1 of the Act entitled ‘‘An Act to authorize the Hydro13 graphic Services Improvement Act of 1998, and for other 

14 purposes’’ (Public Law 107–372), as amended by section 

15 922(c), is further amended by inserting after the item relat16 ing to section 268 the following: 

‘‘Sec. 269. Student pre-commissioning education assistance program.’’. 

17 SEC. 924. LIMITATION ON EDUCATIONAL ASSISTANCE. 

18 (a) IN GENERAL.—Each fiscal year, beginning with 

19 the fiscal year in which this Act is enacted, the Secretary 

20 of Commerce shall ensure that the total amount expended 

21 by the Secretary under section 267 of the National Oceanic 

22 and Atmospheric Administration Commissioned Officer 

23 Corps Act of 2002 (as added by section 921(a)), section 268 

24 of such Act (as added by section 922(a)), and section 269 


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1 of such Act (as added by section 923(a)) does not exceed 

2 the amount by which— 

3 (1) the total amount the Secretary would pay in 

4 that fiscal year to officer candidates under section 

5 203(f)(1) of title 37, United States Code (as added by 

6 section 946(d)), if such section entitled officer can7 didates to pay at monthly rates equal to the basic pay 

8 of a commissioned officer in the pay grade O–1 with 

9 less than 2 years of service; exceeds 

10 (2) the total amount the Secretary actually pays 

11 in that fiscal year to officer candidates under section 

12 203(f)(1) of such title (as so added). 

13 (b) OFFICER CANDIDATE DEFINED.—In this section, 

14 the term ‘‘officer candidate’’ has the meaning given the term 

15 in section 212 of the National Oceanic and Atmospheric 

16 Administration Commissioned Officer Corps Act of 2002 

17 (33 U.S.C. 3002), as added by section 946(c). 

18 SEC. 925. APPLICABILITY OF CERTAIN PROVISIONS OF 

19 TITLE 10, UNITED STATES CODE, AND EXTEN20 SION OF CERTAIN AUTHORITIES APPLICABLE 

21 TO MEMBERS OF THE ARMED FORCES TO 

22 COMMISSIONED OFFICER CORPS. 

23 (a) APPLICABILITY OF CERTAIN PROVISIONS OF TITLE

24 10.—Section 261(a) (33 U.S.C. 3071(a)) is amended— 


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1 (1) by redesignating paragraphs (13) through 

2 (16) as paragraphs (22) through (25), respectively; 

3 (2) by redesignating paragraphs (7) through (12) 

4 as paragraphs (14) through (19), respectively; 

5 (3) by redesignating paragraphs (4) through (6) 

6 as paragraphs (8) through (10), respectively; 

7 (4) by inserting after paragraph (3) the fol8 lowing: 

9 ‘‘(4) Section 771, relating to unauthorized wear10 ing of uniforms. 

11 ‘‘(5) Section 774, relating to wearing religious 

12 apparel while in uniform. 

13 ‘‘(6) Section 982, relating to service on State 

14 and local juries. 

15 ‘‘(7) Section 1031, relating to administration of 

16 oaths.’’; 

17 (5) by inserting after paragraph (10), as redesig18 nated, the following: 

19 ‘‘(11) Section 1074n, relating to annual mental 

20 health assessments. 

21 ‘‘(12) Section 1090a, relating to referrals for 

22 mental health evaluations. 

23 ‘‘(13) Chapter 58, relating to the Benefits and 

24 Services for members being separated or recently sep25 arated.’’; and 


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1 (6) by inserting after paragraph (19), as redesig2 nated, the following: 

3 ‘‘(20) Subchapter I of chapter 88, relating to 

4 Military Family Programs. 

5 ‘‘(21) Section 2005, relating to advanced edu6 cation assistance, active duty agreements, and reim7 bursement requirements.’’. 

8 (b) EXTENSION OF CERTAIN AUTHORITIES.— 

9 (1) NOTARIAL SERVICES.—Section 1044a of title 

10 10, United States Code, is amended— 

11 (A) in subsection (a)(1), by striking ‘‘armed 

12 forces’’ and inserting ‘‘uniformed services’’; and 

13 (B) in subsection (b)(4), by striking ‘‘armed 

14 forces’’ both places it appears and inserting 

15 ‘‘uniformed services’’. 

16 (2) ACCEPTANCE OF VOLUNTARY SERVICES FOR

17 PROGRAMS SERVING MEMBERS AND THEIR FAMI18 LIES.—Section 1588 of such title is amended— 

19 (A) in subsection (a)(3), in the matter be20 fore subparagraph (A), by striking ‘‘armed 

21 forces’’ and inserting ‘‘uniformed services’’; and 

22 (B) by adding at the end the following new 

23 subsection: 

24 ‘‘(g) SECRETARY CONCERNED FOR ACCEPTANCE OF

25 SERVICES FOR PROGRAMS SERVING MEMBERS OF NOAA 


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1 CORPS AND THEIR FAMILIES.—For purposes of the accept2 ance of services described in subsection (a)(3), the term ‘Sec3 retary concerned’ in subsection (a) shall include the Sec4 retary of Commerce with respect to members of the commis5 sioned officer corps of the National Oceanic and Atmos6 pheric Administration.’’. 

7 (3) CAPSTONE COURSE FOR NEWLY SELECTED

8 FLAG OFFICERS.—Section 2153 of such title is 

9 amended— 

10 (A) in subsection (a)— 

11 (i) by inserting ‘‘or the commissioned 

12 officer corps of the National Oceanic and 

13 Atmospheric Administration’’ after ‘‘in the 

14 case of the Navy’’; and 

15 (ii) by striking ‘‘other armed forces’’ 

16 and inserting ‘‘other uniformed services’’; 

17 and 

18 (B) in subsection (b)(1), in the matter be19 fore subparagraph (A), by inserting ‘‘or the Sec20 retary of Commerce, as applicable,’’ after ‘‘the 

21 Secretary of Defense’’. 

22 SEC. 926. APPLICABILITY OF CERTAIN PROVISIONS OF 

23 TITLE 37, UNITED STATES CODE. 

24 (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et seq.) 

25 is amended by inserting after section 261 the following: 


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1 ‘‘SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF 

2 TITLE 37, UNITED STATES CODE. 

3 ‘‘(a) PROVISIONS MADE APPLICABLE TO COMMIS4 SIONED OFFICER CORPS.—The provisions of law applicable 

5 to the Armed Forces under the following provisions of title 

6 37, United States Code, shall apply to the commissioned 

7 officer corps of the Administration: 

8 ‘‘(1) Section 324, relating to accession bonuses 

9 for new officers in critical skills. 

10 ‘‘(2) Section 403(f)(3), relating to prescribing 

11 regulations defining the terms ‘field duty’ and ‘sea 

12 duty’. 

13 ‘‘(3) Section 403(l), relating to temporary con14 tinuation of housing allowance for dependents of 

15 members dying on active duty. 

16 ‘‘(4) Section 488, relating to allowances for re17 cruiting expenses. 

18 ‘‘(5) Section 495, relating to allowances for fu19 neral honors duty. 

20 ‘‘(b) REFERENCES.—The authority vested by title 37, 

21 United States Code, in the ‘military departments’, ‘the Sec22 retary concerned’, or ‘the Secretary of Defense’ with respect 

23 to the provisions of law referred to in subsection (a) shall 

24 be exercised, with respect to the commissioned officer corps 

25 of the Administration, by the Secretary of Commerce or the 

26 Secretary’s designee.’’. 


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1 (b) PERSONAL MONEY ALLOWANCE.—Section 414 of 

2 title 37, United States Code, is amended by inserting ‘‘or 

3 the director of the commissioned officer corps of the Na4 tional Oceanic and Atmospheric Administration’’ after 

5 ‘‘Health Service’’. 

6 (c) CLERICAL AMENDMENT.—The table of sections in 

7 section 1 of the Act entitled ‘‘An Act to authorize the Hydro8 graphic Services Improvement Act of 1998, and for other 

9 purposes’’ (Public Law 107–372) is amended by inserting 

10 after the item relating to section 261 the following: 

‘‘Sec. 261A. Applicability of certain provisions of title 37, United States Code.’’. 

11 SEC. 927. LEGION OF MERIT AWARD. 

12 Section 1121 of title 10, United States Code, is amend13 ed by striking ‘‘armed forces’’ and inserting ‘‘uniformed 

14 services’’. 

15 SEC. 928. PROHIBITION ON RETALIATORY PERSONNEL AC16 TIONS. 

17 (a) IN GENERAL.—Subsection (a) of section 261 (33 

18 U.S.C. 3071), as amended by section 925(a), is further 

19 amended— 

20 (1) by redesignating paragraphs (8) through (25) 

21 as paragraphs (9) through (26), respectively; and 

22 (2) by inserting after paragraph (7) the fol23 lowing: 


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1 ‘‘(8) Section 1034, relating to protected commu2 nications and prohibition of retaliatory personnel ac3 tions.’’. 

4 (b) CONFORMING AMENDMENT.—Subsection (b) of such 

5 section is amended by adding at the end the following: ‘‘For 

6 purposes of paragraph (8) of subsection (a), the term ‘In7 spector General’ in section 1034 of such title 10 shall mean 

8 the Inspector General of the Department of Commerce.’’. 

9 (c) REGULATIONS.—Such section is further amended 

10 by adding at the end the following: 

11 ‘‘(c) REGULATIONS REGARDING PROTECTED COMMU12 NICATIONS AND PROHIBITION OF RETALIATORY PER13 SONNEL ACTIONS.—The Secretary may promulgate regula14 tions to carry out the application of section 1034 of title 

15 10, United States Code, to the commissioned officer corps 

16 of the Administration, including by promulgating such ad17 ministrative procedures for investigation and appeal with18 in the commissioned officer corps as the Secretary considers 

19 appropriate.’’. 

20 SEC. 929. PENALTIES FOR WEARING UNIFORM WITHOUT AU21 THORITY. 

22 Section 702 of title 18, United States Code, is amended 

23 by striking ‘‘Service or any’’ and inserting ‘‘Service, the 

24 commissioned officer corps of the National Oceanic and At25 mospheric Administration, or any’’. 


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1 SEC. 930. APPLICATION OF CERTAIN PROVISIONS OF COM2 PETITIVE SERVICE LAW. 

3 Section 3304(f) of title 5, United States Code, is 

4 amended— 

5 (1) in paragraph (1), by inserting ‘‘and mem6 bers of the commissioned officer corps of the National 

7 Oceanic and Atmospheric Administration (or its 

8 predecessor organization the Coast and Geodetic Sur9 vey) separated from such uniformed service’’ after 

10 ‘‘separated from the armed forces’’; 

11 (2) in paragraph (2), by striking ‘‘or veteran’’ 

12 and inserting ‘‘, veteran, or member’’; and 

13 (3) in paragraph (4), by inserting ‘‘and mem14 bers of the commissioned officer corps of the National 

15 Oceanic and Atmospheric Administration (or its 

16 predecessor organization the Coast and Geodetic Sur17 vey) separated from such uniformed service’’ after 

18 ‘‘separated from the armed forces’’. 

19 SEC. 931. EMPLOYMENT AND REEMPLOYMENT RIGHTS. 

20 Section 4303(16) of title 38, United States Code, is 

21 amended by inserting ‘‘the commissioned officer corps of the 

22 National Oceanic and Atmospheric Administration,’’ after 

23 ‘‘Public Health Service,’’. 


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1 SEC. 932. TREATMENT OF COMMISSION IN COMMISSIONED 

2 OFFICER CORPS FOR PURPOSES OF CERTAIN 

3 HIRING DECISIONS. 

4 (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et seq.), 

5 as amended by this subtitle, is further amended by adding 

6 at the end the following: 

7 ‘‘SEC. 269A. TREATMENT OF COMMISSION IN COMMIS8 SIONED OFFICER CORPS AS EMPLOYMENT IN 

9 ADMINISTRATION FOR PURPOSES OF CER10 TAIN HIRING DECISIONS. 

11 ‘‘(a) IN GENERAL.—In any case in which the Sec12 retary accepts an application for a position of employment 

13 with the Administration and limits consideration of appli14 cations for such position to applications submitted by indi15 viduals serving in a career or career-conditional position 

16 in the competitive service within the Administration, the 

17 Secretary shall deem an officer who has served as an officer 

18 in the commissioned officer corps for at least 3 years to 

19 be serving in a career or career-conditional position in the 

20 competitive service within the Administration for purposes 

21 of such limitation. 

22 ‘‘(b) CAREER APPOINTMENTS.—If the Secretary selects 

23 an application submitted by an officer described in sub24 section (a) for a position described in such subsection, the 

25 Secretary shall give such officer a career or career-condiVerDate Sep 11 2014 22:27 Jun 05, 2017 Jkt 069200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6203 E:\BILLS\S1129.RS S1129

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1 tional appointment in the competitive service, as appro2 priate. 

3 ‘‘(c) COMPETITIVE SERVICE DEFINED.—In this sec4 tion, the term ‘competitive service’ has the meaning given 

5 the term in section 2102 of title 5, United States Code.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections in 

7 section 1 of the Act entitled ‘‘An Act to authorize the Hydro8 graphic Services Improvement Act of 1998, and for other 

9 purposes’’ (Public Law 107–372) is amended by inserting 

10 after the item relating to section 269, as added by section 

11 923, the following new item: 

‘‘Sec. 269A. Treatment of commission in commissioned officer corps as employment in Administration for purposes of certain hiring decisions.’’. 

12 SEC. 933. DIRECT HIRE AUTHORITY. 

13 (a) IN GENERAL.—The head of a Federal agency may 

14 appoint, without regard to the provisions of subchapter I 

15 of chapter 33 of title 5, United States Code, other than sec16 tions 3303 and 3328 of such title, a qualified candidate de17 scribed in subsection (b) directly to a position in the agency 

18 for which the candidate meets qualification standards of the 

19 Office of Personnel Management. 

20 (b) CANDIDATES DESCRIBED.—A candidate described 

21 in this subsection is a current or former member of the com22 missioned officer corps of the National Oceanic and Atmos23 pheric Administration who— 


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1 (1) fulfilled his or her obligated service require2 ment under section 216 of the National Oceanic and 

3 Atmospheric Administration Commissioned Officer 

4 Corps Act of 2002, as added by section 913; 

5 (2) if no longer a member of the commissioned 

6 officer corps of the Administration, was not dis7 charged or released therefrom as part of a discipli8 nary action; and 

9 (3) has been separated or released from service in 

10 the commissioned officer corps of the Administration 

11 for a period of not more than 5 years. 

12 (c) EFFECTIVE DATE.—This section shall apply with 

13 respect to appointments made in fiscal year 2017 and in 

14 each fiscal year thereafter. 

15 Subtitle C—Appointments and 

16 Promotion of Officers 

17 SEC. 941. APPOINTMENTS. 

18 (a) ORIGINAL APPOINTMENTS.—Section 221 (33 

19 U.S.C. 3021) is amended to read as follows: 

20 ‘‘SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINT21 MENTS. 

22 ‘‘(a) ORIGINAL APPOINTMENTS.— 

23 ‘‘(1) GRADES.— 

24 ‘‘(A) IN GENERAL.—Except as provided in 

25 subparagraph (B), an original appointment of 


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1 an officer may be made in such grades as may 

2 be appropriate for— 

3 ‘‘(i) the qualification, experience, and 

4 length of service of the appointee; and 

5 ‘‘(ii) the commissioned officer corps of 

6 the Administration. 

7 ‘‘(B) APPOINTMENT OF OFFICER CAN8 DIDATES.— 

9 ‘‘(i) LIMITATION ON GRADE.—An origi10 nal appointment of an officer candidate, 

11 upon graduation from the basic officer 

12 training program of the commissioned offi13 cer corps of the Administration, may not be 

14 made in any other grade than ensign. 

15 ‘‘(ii) RANK.—Officer candidates receiv16 ing appointments as ensigns upon gradua17 tion from basic officer training program 

18 shall take rank according to their pro19 ficiency as shown by the order of their merit 

20 at date of graduation. 

21 ‘‘(2) SOURCE OF APPOINTMENTS.—An original 

22 appointment may be made from among the following: 

23 ‘‘(A) Graduates of the basic officer training 

24 program of the commissioned officer corps of the 

25 Administration. 


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1 ‘‘(B) Graduates of the military service 

2 academies of the United States who otherwise 

3 meet the academic standards for enrollment in 

4 the training program described in subparagraph 

5 (A). 

6 ‘‘(C) Graduates of the maritime academies 

7 of the States who— 

8 ‘‘(i) otherwise meet the academic 

9 standards for enrollment in the training 

10 program described in subparagraph (A); 

11 ‘‘(ii) completed at least 3 years of regi12 mented training while at a maritime acad13 emy of a State; and 

14 ‘‘(iii) obtained an unlimited tonnage 

15 or unlimited horsepower Merchant Mariner 

16 Credential from the United States Coast 

17 Guard. 

18 ‘‘(D) Licensed officers of the United States 

19 merchant marine who have served 2 or more 

20 years aboard a vessel of the United States in the 

21 capacity of a licensed officer, who otherwise meet 

22 the academic standards for enrollment in the 

23 training program described in subparagraph 

24 (A). 

25 ‘‘(3) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) MARITIME ACADEMIES OF THE

2 STATES.—The term ‘maritime academies of the 

3 States’ means the following: 

4 ‘‘(i) California Maritime Academy, 

5 Vallejo, California. 

6 ‘‘(ii) Great Lakes Maritime Academy, 

7 Traverse City, Michigan. 

8 ‘‘(iii) Maine Maritime Academy, 

9 Castine, Maine. 

10 ‘‘(iv) Massachusetts Maritime Acad11 emy, Buzzards Bay, Massachusetts. 

12 ‘‘(v) State University of New York 

13 Maritime College, Fort Schuyler, New York. 

14 ‘‘(vi) Texas A&M Maritime Academy, 

15 Galveston, Texas. 

16 ‘‘(B) MILITARY SERVICE ACADEMIES OF

17 THE UNITED STATES.—The term ‘military serv18 ice academies of the United States’ means the 

19 following: 

20 ‘‘(i) The United States Military Acad21 emy, West Point, New York. 

22 ‘‘(ii) The United States Naval Acad23 emy, Annapolis, Maryland. 

24 ‘‘(iii) The United States Air Force 

25 Academy, Colorado Springs, Colorado. 


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1 ‘‘(iv) The United States Coast Guard 

2 Academy, New London, Connecticut. 

3 ‘‘(v) The United States Merchant Ma4 rine Academy, Kings Point, New York. 

5 ‘‘(b) REAPPOINTMENT.— 

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), an individual who previously served in the 

8 commissioned officer corps of the Administration may 

9 be appointed by the Secretary to the grade the indi10 vidual held prior to separation. 

11 ‘‘(2) REAPPOINTMENTS TO HIGHER GRADES.— 

12 An appointment under paragraph (1) to a position of 

13 importance and responsibility designated under sec14 tion 228 may only be made by the President. 

15 ‘‘(c) QUALIFICATIONS.—An appointment under sub16 section (a) or (b) may not be given to an individual until 

17 the individual’s mental, moral, physical, and professional 

18 fitness to perform the duties of an officer has been estab19 lished under such regulations as the Secretary shall pre20 scribe. 

21 ‘‘(d) PRECEDENCE OF APPOINTEES.—Appointees 

22 under this section shall take precedence in the grade to 

23 which appointed in accordance with the dates of their com24 missions as commissioned officers in such grade. Appointees 


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1 whose dates of commission are the same shall take prece2 dence with each other as the Secretary shall determine. 

3 ‘‘(e) INTER-SERVICE TRANSFERS.—For inter-service 

4 transfers (as described in the Department of Defense Direc5 tive 1300.4 (dated December 27, 2006)) the Secretary 

6 shall— 

7 ‘‘(1) coordinate with the Secretary of Defense 

8 and the Secretary of the Department in which the 

9 Coast Guard is operating to promote and streamline 

10 inter-service transfers; 

11 ‘‘(2) give preference to such inter-service trans12 fers for recruitment purposes as determined appro13 priate by the Secretary; and 

14 ‘‘(3) reappoint such inter-service transfers to the 

15 equivalent grade in the commissioned officer corps.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections in 

17 section 1 of the Act entitled ‘‘An Act to authorize the Hydro18 graphic Services Improvement Act of 1998, and for other 

19 purposes’’ (Public Law 107–372) is amended by striking 

20 the item relating to section 221 and inserting the following: 

‘‘Sec. 221. Original appointments and reappointments.’’. 

21 SEC. 942. PERSONNEL BOARDS. 

22 Section 222 (33 U.S.C. 3022) is amended to read as 

23 follows: 


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1 ‘‘SEC. 222. PERSONNEL BOARDS. 

2 ‘‘(a) CONVENING.—Not less frequently than once each 

3 year and at such other times as the Secretary determines 

4 necessary, the Secretary shall convene a personnel board. 

5 ‘‘(b) MEMBERSHIP.— 

6 ‘‘(1) IN GENERAL.—A board convened under sub7 section (a) shall consist of 5 or more officers who are 

8 serving in or above the permanent grade of the offi9 cers under consideration by the board. 

10 ‘‘(2) RETIRED OFFICERS.—Officers on the retired 

11 list may be recalled to serve on such personnel boards 

12 as the Secretary considers necessary. 

13 ‘‘(3) NO MEMBERSHIP ON 2 SUCCESSIVE

14 BOARDS.—No officer may be a member of 2 successive 

15 personnel boards convened to consider officers of the 

16 same grade for promotion or separation. 

17 ‘‘(c) DUTIES.—Each personnel board shall— 

18 ‘‘(1) recommend to the Secretary such changes as 

19 may be necessary to correct any erroneous position on 

20 the lineal list that was caused by administrative 

21 error; and 

22 ‘‘(2) make selections and recommendations to the 

23 Secretary and the President for the appointment, pro24 motion, involuntary separation, continuation, and 

25 involuntary retirement of officers in the commissioned 


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1 officer corps of the Administration as prescribed in 

2 this title. 

3 ‘‘(d) ACTION ON RECOMMENDATIONS NOT ACCEPT4 ABLE.—If any recommendation by a board convened under 

5 subsection (a) is not accepted by the Secretary or the Presi6 dent, the board shall make such further recommendations 

7 as the Secretary or the President considers appropriate.’’. 

8 SEC. 943. DELEGATION OF AUTHORITY. 

9 Section 226 (33 U.S.C. 3026) is amended— 

10 (1) by striking ‘‘Appointments’’ and inserting 

11 the following: 

12 ‘‘(a) IN GENERAL.—Appointments’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(b) DELEGATION OF APPOINTMENT AUTHORITY.—If 

15 the President delegates authority to the Secretary to make 

16 appointments under this section, the President shall, during 

17 a period in which the position of the Secretary is vacant, 

18 delegate such authority to the Deputy Secretary of Com19 merce or the Under Secretary for Oceans and Atmosphere 

20 during such period.’’. 

21 SEC. 944. ASSISTANT ADMINISTRATOR OF THE OFFICE OF 

22 MARINE AND AVIATION OPERATIONS. 

23 Section 228(c) (33 U.S.C. 3028(c)) is amended— 

24 (1) in the fourth sentence, by striking ‘‘Director’’ 

25 and inserting ‘‘Assistant Administrator’’; and 


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1 (2) in the heading, by inserting ‘‘ASSISTANT AD2 MINISTRATOR OF THE’’ before ‘‘OFFICE’’. 

3 SEC. 945. TEMPORARY APPOINTMENTS. 

4 (a) IN GENERAL.—Section 229 (33 U.S.C. 3029) is 

5 amended to read as follows: 

6 ‘‘SEC. 229. TEMPORARY APPOINTMENTS. 

7 ‘‘(a) APPOINTMENTS BY PRESIDENT.—Temporary ap8 pointments in the grade of ensign, lieutenant junior grade, 

9 or lieutenant may be made by the President. 

10 ‘‘(b) TERMINATION.—A temporary appointment to a 

11 position under subsection (a) shall terminate upon ap12 proval of a permanent appointment for such position made 

13 by the President. 

14 ‘‘(c) ORDER OF PRECEDENCE.—Appointees under sub15 section (a) shall take precedence in the grade to which ap16 pointed in accordance with the dates of their appointments 

17 as officers in such grade. The order of precedence of ap18 pointees who are appointed on the same date shall be deter19 mined by the Secretary. 

20 ‘‘(d) ANY ONE GRADE.—When determined by the Sec21 retary to be in the best interest of the commissioned officer 

22 corps, officers in any permanent grade may be temporarily 

23 promoted one grade by the President. Any such temporary 

24 promotion terminates upon the transfer of the officer to a 

25 new assignment. 


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1 ‘‘(e) DELEGATION OF APPOINTMENT AUTHORITY.—If 

2 the President delegates authority to the Secretary to make 

3 appointments under this section, the President shall, during 

4 a period in which the position of the Secretary is vacant, 

5 delegate such authority to the Deputy Secretary of Com6 merce or the Under Secretary for Oceans and Atmosphere 

7 during such period.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections in 

9 section 1 of the Act entitled ‘‘An Act to reauthorize the Hy10 drographic Services Improvement Act of 1998, and for other 

11 purposes’’ (Public Law 107–372) is amended by striking 

12 the item relating to section 229 and inserting the following: 

‘‘Sec. 229. Temporary appointments.’’. 

13 SEC. 946. OFFICER CANDIDATES. 

14 (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021 et seq.) 

15 is amended by adding at the end the following: 

16 ‘‘SEC. 234. OFFICER CANDIDATES. 

17 ‘‘(a) DETERMINATION OF NUMBER.—The Secretary 

18 shall determine the number of appointments of officer can19 didates. 

20 ‘‘(b) APPOINTMENT.—Appointment of officer can21 didates shall be made under regulations which the Secretary 

22 shall prescribe, including regulations with respect to deter23 mining age limits, methods of selection of officer candidates, 

24 term of service as an officer candidate before graduation 


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1 from the program, and all other matters affecting such ap2 pointment. 

3 ‘‘(c) DISMISSAL.—The Secretary may dismiss from the 

4 basic officer training program of the Administration any 

5 officer candidate who, during the officer candidate’s term 

6 as an officer candidate, the Secretary considers unsatisfac7 tory in either academics or conduct, or not adapted for a 

8 career in the commissioned officer corps of the Administra9 tion. Officer candidates shall be subject to rules governing 

10 discipline prescribed by the Director of the National Oce11 anic and Atmospheric Administration Commissioned Offi12 cer Corps. 

13 ‘‘(d) AGREEMENT.— 

14 ‘‘(1) IN GENERAL.—Each officer candidate shall 

15 sign an agreement with the Secretary in accordance 

16 with section 216(a)(2) regarding the officer can17 didate’s term of service in the commissioned officer 

18 corps of the Administration. 

19 ‘‘(2) ELEMENTS.—An agreement signed by an of20 ficer candidate under paragraph (1) shall provide 

21 that the officer candidate agrees to the following: 

22 ‘‘(A) That the officer candidate will com23 plete the course of instruction at the basic officer 

24 training program of the Administration. 


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1 ‘‘(B) That upon graduation from the such 

2 program, the officer candidate— 

3 ‘‘(i) will accept an appointment, if 

4 tendered, as an officer; and 

5 ‘‘(ii) will serve on active duty for at 

6 least 4 years immediately after such ap7 pointment. 

8 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

9 regulations to carry out this section. Such regulations shall 

10 include— 

11 ‘‘(1) standards for determining what constitutes 

12 a breach of an agreement signed under such sub13 section (d)(1); and 

14 ‘‘(2) procedures for determining whether such a 

15 breach has occurred. 

16 ‘‘(f) REPAYMENT.—An officer candidate or former offi17 cer candidate who does not fulfill the terms of the obligation 

18 to serve as specified under section (d) shall be subject to 

19 the repayment provisions of section 216(b).’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections in 

21 section 1 of the Act entitled ‘‘An Act to reauthorize the Hy22 drographic Services Improvement Act of 1998, and for other 

23 purposes’’ (Public Law 107–372) is amended by inserting 

24 after the item relating to section 233 the following: 

‘‘Sec. 234. Officer candidates.’’. 


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1 (c) OFFICER CANDIDATE DEFINED.—Section 212(b) 

2 (33 U.S.C. 3002(b)) is amended— 

3 (1) by redesignating paragraphs (4) through (6) 

4 as paragraphs (5) through (7), respectively; and 

5 (2) by inserting after paragraph (3) the fol6 lowing: 

7 ‘‘(4) OFFICER CANDIDATE.—The term ‘officer 

8 candidate’ means an individual who is enrolled in the 

9 basic officer training program of the Administration 

10 and is under consideration for appointment as an of11 ficer under section 221(a)(2)(A).’’. 

12 (d) PAY FOR OFFICER CANDIDATES.—Section 203 of 

13 title 37, United States Code, is amended by adding at the 

14 end the following: 

15 ‘‘(f)(1) An officer candidate enrolled in the basic officer 

16 training program of the commissioned officer corps of the 

17 National Oceanic and Atmospheric Administration is enti18 tled, while participating in such program, to monthly offi19 cer candidate pay at monthly rate equal to the basic pay 

20 of an enlisted member in the pay grade E–5 with less than 

21 2 years service. 

22 ‘‘(2) An individual who graduates from such program 

23 shall receive credit for the time spent participating in such 

24 program as if such time were time served while on active 

25 duty as a commissioned officer. If the individual does not 


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1 graduate from such program, such time shall not be consid2 ered creditable for active duty or pay.’’. 

3 SEC. 947. PROCUREMENT OF PERSONNEL. 

4 (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021 et seq.), 

5 as amended by section 946(a), is further amended by add6 ing at the end the following: 

7 ‘‘SEC. 235. PROCUREMENT OF PERSONNEL. 

8 ‘‘The Secretary may make such expenditures as the 

9 Secretary considers necessary in order to obtain recruits for 

10 the commissioned officer corps of the Administration, in11 cluding advertising.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections in 

13 section 1 of the Act entitled ‘‘An Act to reauthorize the Hy14 drographic Services Improvement Act of 1998, and for other 

15 purposes’’ (Public Law 107–372), as amended by section 

16 946(b), is further amended by inserting after the item relat17 ing to section 234 the following: 

‘‘235. Procurement of personnel.’’. 

18 Subtitle D—Separation and 

19 Retirement of Officers 

20 SEC. 951. INVOLUNTARY RETIREMENT OR SEPARATION. 

21 Section 241 (33 U.S.C. 3041) is amended by adding 

22 at the end the following: 

23 ‘‘(d) DEFERMENT OF RETIREMENT OR SEPARATION

24 FOR MEDICAL REASONS.— 


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1 ‘‘(1) IN GENERAL.—If the Secretary determines 

2 that the evaluation of the medical condition of an of3 ficer requires hospitalization or medical observation 

4 that cannot be completed with confidence in a man5 ner consistent with the officer’s well being before the 

6 date on which the officer would otherwise be required 

7 to retire or be separated under this section, the Sec8 retary may defer the retirement or separation of the 

9 officer. 

10 ‘‘(2) CONSENT REQUIRED.—A deferment may 

11 only be made with the written consent of the officer 

12 involved. If the officer does not provide written con13 sent to the deferment, the officer shall be retired or 

14 separated as scheduled. 

15 ‘‘(3) LIMITATION.—A deferral of retirement or 

16 separation under this subsection may not extend for 

17 more than 30 days after completion of the evaluation 

18 requiring hospitalization or medical observation.’’. 

19 SEC. 952. SEPARATION PAY. 

20 Section 242 (33 U.S.C. 3042) is amended by adding 

21 at the end the following: 

22 ‘‘(d) EXCEPTION.—An officer discharged for twice fail23 ing selection for promotion to the next higher grade is not 

24 entitled to separation pay under this section if the officer— 


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1 ‘‘(1) expresses a desire not to be selected for pro2 motion; or 

3 ‘‘(2) requests removal from the list of selectees.’’. 

4 Subtitle E—Hydrographic Services 

5 and Other Matters 

6 SEC. 961. REAUTHORIZATION OF HYDROGRAPHIC SERVICES 

7 IMPROVEMENT ACT OF 1998. 

8 (a) REAUTHORIZATIONS.—Section 306 of the Hydro9 graphic Services Improvement Act of 1998 (33 U.S.C. 892d) 

10 is amended— 

11 (1) in the matter before paragraph (1), by strik12 ing ‘‘There are’’ and inserting the following: 

13 ‘‘(a) IN GENERAL.—There are’’; 

14 (2) in subsection (a) (as designated by para15 graph (1))— 

16 (A) in paragraph (1), by striking ‘‘sur17 veys—’’ and all that follows through the end of 

18 the paragraph and inserting ‘‘surveys, 

19 $70,814,000 for each of fiscal years 2017 through 

20 2021.’’; 

21 (B) in paragraph (2), by striking ‘‘vessels— 

22 ’’ and all that follows through the end of the 

23 paragraph and inserting ‘‘vessels, $25,000,000 

24 for each of fiscal years 2017 through 2021.’’; 


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1 (C) in paragraph (3), by striking ‘‘Admin2 istration—’’ and all that follows through the end 

3 of the paragraph and inserting ‘‘Administration, 

4 $29,932,000 for each of fiscal years 2017 through 

5 2021.’’; 

6 (D) in paragraph (4), by striking ‘‘title— 

7 ’’ and all that follows through the end of the 

8 paragraph and inserting ‘‘title, $26,800,000 for 

9 each of fiscal years 2017 through 2021.’’; and 

10 (E) in paragraph (5), by striking ‘‘title— 

11 ’’ and all that follows through the end of the 

12 paragraph and inserting ‘‘title, $30,564,000 for 

13 each of fiscal years 2017 through 2021.’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(b) ARCTIC PROGRAMS.—Of the amount authorized 

16 by this section for each fiscal year— 

17 ‘‘(1) $10,000,000 is authorized for use— 

18 ‘‘(A) to acquire hydrographic data; 

19 ‘‘(B) to provide hydrographic services; 

20 ‘‘(C) to conduct coastal change analyses nec21 essary to ensure safe navigation; 

22 ‘‘(D) to improve the management of coastal 

23 change in the Arctic; and 

24 ‘‘(E) to reduce risks of harm to Alaska Na25 tive subsistence and coastal communities associVerDate Sep 11 2014 22:27 Jun 05, 2017 Jkt 069200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6203 E:\BILLS\S1129.RS S1129

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1 ated with increased international maritime traf2 fic; and 

3 ‘‘(2) $2,000,000 is authorized for use to acquire 

4 hydrographic data and provide hydrographic services 

5 in the Arctic necessary to delineate the United States 

6 extended Continental Shelf.’’. 

7 (b) LIMITATION ON ADMINISTRATIVE EXPENSES FOR

8 SURVEYS.—Section 306 of such Act (33 U.S.C. 892d) is fur9 ther amended by adding at the end the following: 

10 ‘‘(c) LIMITATION ON ADMINISTRATIVE EXPENSES FOR

11 SURVEYS.—Of amounts authorized by this section for each 

12 fiscal year for contract hydrographic surveys, not more than 

13 5 percent is authorized for administrative costs associated 

14 with contract management.’’. 

15 SEC. 962. SYSTEM FOR TRACKING AND REPORTING ALL-IN16 CLUSIVE COST OF HYDROGRAPHIC SURVEYS. 

17 (a) IN GENERAL.—Not later than 1 year after the date 

18 of the enactment of this Act, the Secretary of Commerce 

19 shall— 

20 (1) develop and implement a system to track and 

21 report the full cost to the Department of Commerce of 

22 hydrographic data collection, including costs relating 

23 to vessel acquisition, vessel repair, and administra24 tion of contracts to procure data; 


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1 (2) evaluate additional measures for comparing 

2 cost per unit effort beyond square nautical miles; and 

3 (3) submit to Congress a report on which addi4 tional measures for comparing cost per unit effort the 

5 Secretary intends to use and the rationale for such 

6 use. 

7 (b) DEVELOPMENT OF STRATEGY FOR INCREASED

8 CONTRACTING WITH NONGOVERNMENTAL ENTITIES FOR

9 HYDROGRAPHIC DATA COLLECTION.—Not later than 180 

10 days after the date on which the Secretary completes the 

11 activities required by subsection (a), the Secretary shall de12 velop a strategy for how the National Oceanic and Atmos13 pheric Administration will increase contracting with non14 governmental entities for hydrographic data collection in 

15 a manner that is consistent with the requirements of the 

16 Ocean and Coastal Mapping Integration Act (Public Law 

17 111–11; 33 U.S.C. 3501 et seq.). 

18 SEC. 963. HOMEPORT OF CERTAIN RESEARCH VESSELS. 

19 (a) ACCEPTANCE OF FUNDS AUTHORIZED.—The Sec20 retary of Commerce may accept non-Federal funds for the 

21 purpose of obtaining such cost estimates, designs, and per22 mits as may be necessary for construction of a new port 

23 facility— 

24 (1) to facilitate the homeporting of the R/V 

25 FAIRWEATHER in accordance with title II of the 


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1 Departments of Commerce, Justice, and State, the Ju2 diciary, and Related Agencies Appropriations Act, 

3 2002 (Public Law 107–77; 115 Stat. 775); and 

4 (2) that is under the administrative jurisdiction 

5 of the Under Secretary for Oceans and Atmosphere. 

6 (b) STRATEGIC PLAN REQUIRED.—Not later than 180 

7 days after the date of the enactment of this Act, the Sec8 retary shall develop and submit to Congress a strategic plan 

9 for the construction described in subsection (a). 

10 (c) ACCEPTANCE OF FUNDS AUTHORIZED.—The Sec11 retary of Commerce may accept non-Federal funds for the 

12 purpose of obtaining such cost estimates, designs, and per13 mits as may be necessary for construction of a new port 

14 facility— 

15 (1) to facilitate the homeporting of a new, exist16 ing, or reactivated research vessel in the city of St. 

17 Petersburg, Florida; and 

18 (2) that is under the administrative jurisdiction 

19 of the Under Secretary for Oceans and Atmosphere. 

20 (d) STRATEGIC PLAN REQUIRED.—Not later than 180 

21 days after the date of the enactment of this Act, the Sec22 retary shall develop and submit to Congress a strategic plan 

23 for construction or acquisition of the facilities needed to 

24 allow for an oceanographic research vessel to be homeported 


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1 in St. Petersburg, Florida. The strategic plan shall include 

2 an estimate of funding needed to construct such facilities. 


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Calendar No. 112 

115TH CONGRESS 

1ST SESSION S. 1129 

[Report No. 115–89] 

A BILL 

To authorize appropriations for the Coast Guard, 

and for other purposes. 

JUNE 5, 2017 

Reported with an amendment 


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