S. 140 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and eighteen 

An Act 

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

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Frank LoBiondo Coast Guard 

Authorization Act of 2018’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—REORGANIZATION OF TITLE 14, UNITED STATES CODE 

Sec. 101. Initial matter. 

Sec. 102. Subtitle I. 

Sec. 103. Chapter 1. 

Sec. 104. Chapter 3. 

Sec. 105. Chapter 5. 

Sec. 106. Chapter 7. 

Sec. 107. Chapter 9. 

Sec. 108. Chapter 11. 

Sec. 109. Subtitle II. 

Sec. 110. Chapter 19. 

Sec. 111. Part II. 

Sec. 112. Chapter 21. 

Sec. 113. Chapter 23. 

Sec. 114. Chapter 25. 

Sec. 115. Part III. 

Sec. 116. Chapter 27. 

Sec. 117. Chapter 29. 

Sec. 118. Subtitle III and chapter 37. 

Sec. 119. Chapter 39. 

Sec. 120. Chapter 41. 

Sec. 121. Subtitle IV and chapter 49. 

Sec. 122. Chapter 51. 

Sec. 123. References. 

Sec. 124. Rule of construction. 

TITLE II—AUTHORIZATIONS 

Sec. 201. Amendments to title 14, United States Code, as amended by title I of this 

Act. 

Sec. 202. Authorizations of appropriations. 

Sec. 203. Authorized levels of military strength and training. 

Sec. 204. Authorization of amounts for Fast Response Cutters. 

Sec. 205. Authorization of amounts for shoreside infrastructure. 

Sec. 206. Authorization of amounts for aircraft improvements. 

TITLE III—COAST GUARD 

Sec. 301. Amendments to title 14, United States Code, as amended by title I of this 

Act. 
S. 140—2 

Sec. 302. Primary duties. 

Sec. 303. National Coast Guard Museum. 

Sec. 304. Unmanned aircraft. 

Sec. 305. Coast Guard health-care professionals; licensure portability. 

Sec. 306. Training; emergency response providers. 

Sec. 307. Incentive contracts for Coast Guard yard and industrial establishments. 

Sec. 308. Confidential investigative expenses. 

Sec. 309. Regular captains; retirement. 

Sec. 310. Conversion, alteration, and repair projects. 

Sec. 311. Contracting for major acquisitions programs. 

Sec. 312. Officer promotion zones. 

Sec. 313. Cross reference. 

Sec. 314. Commissioned service retirement. 

Sec. 315. Leave for birth or adoption of child. 

Sec. 316. Clothing at time of discharge. 

Sec. 317. Unfunded priorities list. 

Sec. 318. Safety of vessels of the Armed Forces. 

Sec. 319. Air facilities. 

TITLE IV—PORTS AND WATERWAYS SAFETY 

Sec. 401. Codification of Ports and Waterways Safety Act. 

Sec. 402. Conforming amendments. 

Sec. 403. Transitional and savings provisions. 

Sec. 404. Rule of construction. 

Sec. 405. Advisory committee: repeal. 

Sec. 406. Regattas and marine parades. 

Sec. 407. Regulation of vessels in territorial waters of United States. 

Sec. 408. Port, harbor, and coastal facility security. 

TITLE V—MARITIME TRANSPORTATION SAFETY 

Sec. 501. Consistency in marine inspections. 

Sec. 502. Uninspected passenger vessels in St. Louis County, Minnesota. 

Sec. 503. Engine cut-off switch requirements. 

Sec. 504. Exception from survival craft requirements. 

Sec. 505. Safety standards. 

Sec. 506. Fishing safety grants. 

Sec. 507. Fishing, fish tender, and fish processing vessel certification. 

Sec. 508. Deadline for compliance with alternate safety compliance program. 

Sec. 509. Termination of unsafe operations; technical correction. 

Sec. 510. Technical corrections: Licenses, certificates of registry, and merchant 

mariner documents. 

Sec. 511. Clarification of logbook entries. 

Sec. 512. Certificates of documentation for recreational vessels. 

Sec. 513. Numbering for undocumented barges. 

Sec. 514. Backup national timing system. 

Sec. 515. Scientific personnel. 

Sec. 516. Transparency. 

TITLE VI—ADVISORY COMMITTEES 

Sec. 601. National maritime transportation advisory committees. 

Sec. 602. Maritime Security Advisory Committees. 

TITLE VII—FEDERAL MARITIME COMMISSION 

Sec. 701. Short title. 

Sec. 702. Authorization of appropriations. 

Sec. 703. Reporting on impact of alliances on competition. 

Sec. 704. Definition of certain covered services. 

Sec. 705. Reports filed with the Commission. 

Sec. 706. Public participation. 

Sec. 707. Ocean transportation intermediaries. 

Sec. 708. Common carriers. 

Sec. 709. Negotiations. 

Sec. 710. Injunctive relief sought by the Commission. 

Sec. 711. Discussions. 

Sec. 712. Transparency. 

Sec. 713. Study of bankruptcy preparation and response. 

Sec. 714. Agreements unaffected. 

TITLE VIII—MISCELLANEOUS 

Sec. 801. Repeal of obsolete reporting requirement. 
S. 140—3 

Sec. 802. Corrections to provisions enacted by Coast Guard Authorization Acts. 

Sec. 803. Officer evaluation report. 

Sec. 804. Extension of authority. 

Sec. 805. Coast Guard ROTC program. 

Sec. 806. Currency detection canine team program. 

Sec. 807. Center of expertise for Great Lakes oil spill search and response. 

Sec. 808. Public safety answering points and maritime search and rescue coordination. 

Sec. 809. Ship shoal lighthouse transfer: repeal. 

Sec. 810. Land exchange, Ayakulik Island, Alaska. 

Sec. 811. Use of Tract 43. 

Sec. 812. Coast Guard maritime domain awareness. 

Sec. 813. Monitoring. 

Sec. 814. Reimbursements for non-Federal construction costs of certain aids to 

navigation. Sec. 815. Towing safety management system fees. 

Sec. 816. Oil spill disbursements auditing and report. 

Sec. 817. Fleet requirements assessment and strategy. 

Sec. 818. National Security Cutter. 

Sec. 819. Acquisition plan for inland waterway and river tenders and bay-class icebreakers. 

Sec. 820. Great Lakes icebreaker acquisition. 

Sec. 821. Polar icebreakers. 

Sec. 822. Strategic assets in the Arctic. 

Sec. 823. Arctic planning criteria. 

Sec. 824. Vessel response plan audit. 

Sec. 825. Waters deemed not navigable waters of the United States for certain purposes. Sec. 826. Documentation of recreational vessels. 

Sec. 827. Equipment requirements; exemption from throwable personal flotation 

devices requirement. Sec. 828. Visual distress signals and alternative use. 

Sec. 829. Radar refresher training. 

Sec. 830. Commercial fishing vessel safety national communications plan. 

Sec. 831. Atlantic Coast port access route study recommendations. 

Sec. 832. Drawbridges. 

Sec. 833. Waiver. 

Sec. 834. Fire-retardant materials. 

Sec. 835. Vessel waiver. 

Sec. 836. Temporary limitations. 

Sec. 837. Transfer of Coast Guard property in Jupiter Island, Florida, for inclusion 

in Hobe Sound National Wildlife Refuge. Sec. 838. Emergency response. 

Sec. 839. Drawbridges consultation. 

TITLE IX—VESSEL INCIDENTAL DISCHARGE ACT 

Sec. 901. Short title. 

Sec. 902. Purposes; findings. 

Sec. 903. Standards for discharges incidental to normal operation of vessels. 

TITLE X—HYDROGRAPHIC SERVICES AND OTHER MATTERS 

Sec. 1001. Reauthorization of Hydrographic Services Improvement Act of 1998. 

Sec. 1002. System for tracking and reporting all-inclusive cost of hydrographic surveys. Sec. 1003. Homeport of certain research vessels. 

TITLE I—REORGANIZATION OF TITLE 

14, UNITED STATES CODE 

SEC. 101. INITIAL MATTER. 

Title 14, United States Code, is amended by striking the title 

designation, the title heading, and the table of parts at the beginning and inserting the following: 

‘‘TITLE 14—COAST GUARD 

‘‘Subtitle Sec.

‘‘I. Establishment, Powers, Duties, and Administration .......................... 101
S. 140—4 

‘‘II. Personnel ...................................................................................................... 1901

‘‘III. Coast Guard Reserve and Auxiliary ..................................................... 3701

‘‘IV. Coast Guard Authorizations and Reports to Congress .................... 4901’’. 

SEC. 102. SUBTITLE I. 

Part I of title 14, United States Code, is amended by striking 

the part designation, the part heading, and the table of chapters 

at the beginning and inserting the following: 

‘‘Subtitle I—Establishment, Powers, Duties, 

and Administration 

‘‘Chap. Sec.

‘‘1. Establishment and Duties .......................................................................... 101

‘‘3. Composition and Organization ................................................................ 301

‘‘5. Functions and Powers ................................................................................ 501

‘‘7. Cooperation ................................................................................................... 701

‘‘9. Administration .............................................................................................. 901

‘‘11. Acquisitions ................................................................................................. 1101’’. 

SEC. 103. CHAPTER 1. 

(a) INITIAL MATTER.—Chapter 1 of title 14, United States Code, 

is amended by striking the chapter designation, the chapter 

heading, and the table of sections at the beginning and inserting 

the following: 

‘‘CHAPTER 1—ESTABLISHMENT AND DUTIES 

‘‘Sec. 

‘‘101. Establishment of Coast Guard. 

‘‘102. Primary duties. 

‘‘103. Department in which the Coast Guard operates. 

‘‘104. Removing restrictions. 

‘‘105. Secretary defined. 

‘‘106. Commandant defined.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— (1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 

1 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

1 Establishment of Coast Guard 101 
S. 140—5 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

2 Primary duties 102 

3 Department in which the Coast 

Guard operates 103 

652 Removing restrictions 104 

4 Secretary defined 105 

5 Commandant defined 106 

SEC. 104. CHAPTER 3. 

(a) INITIAL MATTER.—Chapter 3 of title 14, United States Code, 

is amended by striking the chapter designation, the chapter 

heading, and the table of sections at the beginning and inserting 

the following: 

‘‘CHAPTER 3—COMPOSITION AND ORGANIZATION 

‘‘Sec. 

‘‘301. Grades and ratings. 

‘‘302. Commandant; appointment. 

‘‘303. Retirement of Commandant or Vice Commandant. 

‘‘304. Vice Commandant; appointment. 

‘‘305. Vice admirals. 

‘‘306. Retirement. 

‘‘307. Vice admirals and admiral, continuity of grade. 

‘‘308. Chief Acquisition Officer. 

‘‘309. Office of the Coast Guard Reserve; Director. 

‘‘310. Chief of Staff to President: appointment. 

‘‘311. Captains of the port. 

‘‘312. Prevention and response workforces. 

‘‘313. Centers of expertise for Coast Guard prevention and response. 

‘‘314. Marine industry training program. 

‘‘315. Training course on workings of Congress. 

‘‘316. National Coast Guard Museum. 

‘‘317. United States Coast Guard Band; composition; director. 

‘‘318. Environmental Compliance and Restoration Program.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— 

(1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 

3 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 
S. 140—6 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

41 Grades and ratings 301 

44 Commandant; appointment 302 

46 Retirement of Commandant or Vice 

Commandant 303 

47 Vice Commandant; appointment 304 

50 Vice admirals 305 

51 Retirement 306 

52 Vice admirals and admiral, continuity of grade 307 

56 Chief Acquisition Officer 308 

53 Office of the Coast Guard Reserve; 

Director 309 

54 Chief of Staff to President: appointment 310 

57 Prevention and response workforces 312 

58 Centers of expertise for Coast Guard 

prevention and response 313 

59 Marine industry training program 314 

60 Training course on workings of Congress 315 

98 National Coast Guard Museum 316 

336 United States Coast Guard Band; 

composition; director 317 

(c) ADDITIONAL CHANGES.— (1) IN GENERAL.—Chapter 3 of title 14, United States Code, 

is further amended— 

(A) by inserting after section 310 (as so redesignated 

and transferred under subsection (b)) the following: 
S. 140—7 

‘‘§ 311. Captains of the port 

‘‘Any officer, including any petty officer, may be designated 

by the Commandant as captain of the port or ports or adjacent 

high seas or waters over which the United States has jurisdiction, 

as the Commandant deems necessary to facilitate execution of Coast 

Guard duties.’’; and 

(B) by inserting after section 317 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘§ 318. Environmental Compliance and Restoration Program 

‘‘(a) DEFINITIONS.—For the purposes of this section— 

‘‘(1) ‘environment’, ‘facility’, ‘person’, ‘release’, ‘removal’, 

‘remedial’, and ‘response’ have the same meaning they have 

in section 101 of the Comprehensive Environmental Response, 

Compensation, and Liability Act (42 U.S.C. 9601); 

‘‘(2) ‘hazardous substance’ has the same meaning it has 

in section 101 of the Comprehensive Environmental Response, 

Compensation, and Liability Act (42 U.S.C. 9601), except that 

it also includes the meaning given ‘oil’ in section 311 of the 

Federal Water Pollution Control Act (33 U.S.C. 1321); and 

‘‘(3) ‘pollutant’ has the same meaning it has in section 

502 of the Federal Water Pollution Control Act (33 U.S.C. 

1362). 

‘‘(b) PROGRAM.— ‘‘(1) The Secretary shall carry out a program of environmental compliance and restoration at current and former Coast 

Guard facilities. 

‘‘(2) Program goals include: 

‘‘(A) Identifying, investigating, and cleaning up 

contamination from hazardous substances and pollutants. 

‘‘(B) Correcting other environmental damage that poses 

an imminent and substantial danger to the public health 

or welfare or to the environment. 

‘‘(C) Demolishing and removing unsafe buildings and 

structures, including buildings and structures at former 

Coast Guard facilities. 

‘‘(D) Preventing contamination from hazardous substances and pollutants at current Coast Guard facilities. 

‘‘(3)(A) The Secretary shall respond to releases of hazardous 

substances and pollutants— 

‘‘(i) at each Coast Guard facility the United States 

owns, leases, or otherwise possesses; 

‘‘(ii) at each Coast Guard facility the United States 

owned, leased, or otherwise possessed when the actions 

leading to contamination from hazardous substances or 

pollutants occurred; and 

‘‘(iii) on each vessel the Coast Guard owns or operates. 

‘‘(B) Subparagraph (A) of this paragraph does not apply 

to a removal or remedial action when a potentially responsible 

person responds under section 122 of the Comprehensive 

Environmental Response, Compensation, and Liability Act (42 

U.S.C. 9622). 

‘‘(C) The Secretary shall pay a fee or charge imposed by 

a State authority for permit services for disposing of hazardous 

substances or pollutants from Coast Guard facilities to the 

same extent that nongovernmental entities are required to 

pay for permit services. This subparagraph does not apply 
S. 140—8 

to a payment that is the responsibility of a lessee, contractor, 

or other private person. 

‘‘(4) The Secretary may agree with another Federal agency 

for that agency to assist in carrying out the Secretary’s responsibilities under this section. The Secretary may enter into contracts, cooperative agreements, and grant agreements with 

State and local governments to assist in carrying out the Secretary’s responsibilities under this section. Services that may 

be obtained under this paragraph include identifying, investigating, and cleaning up off-site contamination that may have 

resulted from the release of a hazardous substance or pollutant 

at a Coast Guard facility. 

‘‘(5) Section 119 of the Comprehensive Environmental 

Response, Compensation, and Liability Act (42 U.S.C. 9619) 

applies to response action contractors that carry out response 

actions under this section. The Coast Guard shall indemnify 

response action contractors to the extent that adequate insurance is not generally available at a fair price at the time 

the contractor enters into the contract to cover the contractor’s 

reasonable, potential, long-term liability. 

‘‘(c) AMOUNTS RECOVERED FOR RESPONSE ACTIONS.— 

‘‘(1) All sums appropriated to carry out the Coast Guard’s 

environmental compliance and restoration functions under this 

section or another law shall be credited or transferred to an 

appropriate Coast Guard account, as determined by the Commandant and remain available until expended. 

‘‘(2) Funds may be obligated or expended from such account 

to carry out the Coast Guard’s environmental compliance and 

restoration functions under this section or another law. 

‘‘(3) In proposing the budget for any fiscal year under 

section 1105 of title 31, the President shall set forth separately 

the amount requested for the Coast Guard’s environmental 

compliance and restoration activities under this section or 

another law. 

‘‘(4) Amounts recovered under section 107 of the Comprehensive Environmental Response, Compensation, and 

Liability Act (42 U.S.C. 9607) for the Secretary’s response 

actions at current and former Coast Guard facilities shall be 

credited to an appropriate Coast Guard account, as determined 

by the Commandant. 

‘‘(d) ANNUAL LIST OF PROJECTS TO CONGRESS.—The Commandant shall submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate a 

prioritized list of projects eligible for environmental compliance 

and restoration funding for each fiscal year concurrent with the 

President’s budget submission for that fiscal year.’’. 

(2) CONFORMING REPEALS.—Sections 634, 690, 691, 692, 

and 693 of title 14, United States Code, are repealed. 

SEC. 105. CHAPTER 5. 

(a) INITIAL MATTER.—Chapter 5 of title 14, United States Code, 

is amended by striking the chapter designation, the chapter 

heading, and the table of sections at the beginning and inserting 

the following: 
S. 140—9 

‘‘CHAPTER 5—FUNCTIONS AND POWERS 

‘‘SUBCHAPTER I—GENERAL POWERS

‘‘Sec. 

‘‘501. Secretary; general powers. 

‘‘502. Delegation of powers by the Secretary. 

‘‘503. Regulations. 

‘‘504. Commandant; general powers. 

‘‘505. Functions and powers vested in the Commandant. 

‘‘506. Prospective payment of funds necessary to provide medical care. 

‘‘507. Appointment of judges. 

‘‘SUBCHAPTER II—LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES

‘‘521. Saving life and property. 

‘‘522. Law enforcement. 

‘‘523. Enforcement authority. 

‘‘524. Enforcement of coastwise trade laws. 

‘‘525. Special agents of the Coast Guard Investigative Service law enforcement authority. ‘‘526. Stopping vessels; indemnity for firing at or into vessel. 

‘‘527. Safety of naval vessels. 

‘‘528. Protecting against unmanned aircraft. 

‘‘SUBCHAPTER III—AIDS TO NAVIGATION

‘‘541. Aids to navigation authorized. 

‘‘542. Unauthorized aids to maritime navigation; penalty. 

‘‘543. Interference with aids to navigation; penalty. 

‘‘544. Aids to maritime navigation; penalty. 

‘‘545. Marking of obstructions. 

‘‘546. Deposit of damage payments. 

‘‘547. Rewards for apprehension of persons interfering with aids to navigation. 

‘‘SUBCHAPTER IV—MISCELLANEOUS

‘‘561. Icebreaking in polar regions. 

‘‘562. Appeals and waivers. 

‘‘563. Notification of certain determinations.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— (1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 

5 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

92 Secretary; general powers 501 

631 Delegation of powers by the Secretary 502 

633 Regulations 503 
S. 140—10 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

93 Commandant; general powers 504 

632 Functions and powers vested in the 

Commandant 505 

520 Prospective payment of funds necessary to provide medical care 506 

153 Appointment of judges 507 

88 Saving life and property 521 

89 Law enforcement 522 

99 Enforcement authority 523 

100 Enforcement of coastwise trade laws 524 

95 Special agents of the Coast Guard 

Investigative Service law enforcement authority 525 

637 Stopping vessels; indemnity for firing at or into vessel 526 

91 Safety of naval vessels 527 

104 Protecting against unmanned aircraft 528 

81 Aids to navigation authorized 541 

83 Unauthorized aids to maritime navigation; penalty 542 

84 Interference with aids to navigation; 

penalty 543 

85 Aids to maritime navigation; penalty 544 

86 Marking of obstructions 545 
S. 140—11 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

642 Deposit of damage payments 546 

643 Rewards for apprehension of persons 

interfering with aids to navigation 547 

87 Icebreaking in polar regions 561 

101 Appeals and waivers 562 

103 Notification of certain determinations 563 

(c) ADDITIONAL CHANGES.—Chapter 5 of title 14, United States 

Code, is further amended— 

(1) by inserting before section 501 (as so redesignated and 

transferred under subsection (b)) the following: 

‘‘SUBCHAPTER I—GENERAL POWERS’’; 

(2) by inserting before section 521 (as so redesignated and 

transferred under subsection (b)) the following: 

‘‘SUBCHAPTER II—LIFE SAVING AND LAW ENFORCEMENT 

AUTHORITIES’’; 

(3) by inserting before section 541 (as so redesignated and 

transferred under subsection (b)) the following: 

‘‘SUBCHAPTER III—AIDS TO NAVIGATION’’; 

and 

(4) by inserting before section 561 (as so redesignated and 

transferred under subsection (b)) the following: 

‘‘SUBCHAPTER IV—MISCELLANEOUS’’. 

SEC. 106. CHAPTER 7. 

(a) INITIAL MATTER.—Chapter 7 of title 14, United States Code, 

is amended by striking the chapter designation, the chapter 

heading, and the table of sections at the beginning and inserting 

the following: 

‘‘CHAPTER 7—COOPERATION 

‘‘Sec. 

‘‘701. Cooperation with other agencies, States, territories, and political subdivisions. 

‘‘702. State Department. 

‘‘703. Treasury Department. 

‘‘704. Department of the Army and Department of the Air Force. 

‘‘705. Navy Department. 
S. 140—12 

‘‘706. United States Postal Service. 

‘‘707. Department of Commerce. 

‘‘708. Department of Health and Human Services. 

‘‘709. Maritime instruction. 

‘‘710. Assistance to foreign governments and maritime authorities. 

‘‘711. Coast Guard officers as attache ́s to missions. 

‘‘712. Contracts with Government-owned establishments for work and material. 

‘‘713. Nonappropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide or obtain goods and services. 

‘‘714. Arctic maritime domain awareness. 

‘‘715. Oceanographic research. 

‘‘716. Arctic maritime transportation. 

‘‘717. Agreements.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— 

(1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 

7 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

141 Cooperation with other agencies, 

States, territories, and political subdivisions 701 

142 State Department 702 

143 Treasury Department 703 

144 Department of the Army and Department of the Air Force 704 

145 Navy Department 705 

146 United States Postal Service 706 

147 Department of Commerce 707 

147a Department of Health and Human 

Services 708 

148 Maritime instruction 709 
S. 140—13 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

149 Assistance to foreign governments 

and maritime authorities 710 

150 Coast Guard officers as attache ́s to 

missions 711 

151 Contracts with Government-owned 

establishments for work and material 712 

152 Nonappropriated fund instrumentalities: contracts with other agencies 

and instrumentalities to provide or 

obtain goods and services 713 

154 Arctic maritime domain awareness 714 

94 Oceanographic research 715 

90 Arctic maritime transportation 716 

102 Agreements 717 

SEC. 107. CHAPTER 9. 

(a) INITIAL MATTER.—Chapter 9 of title 14, United States Code, 

is amended by striking the chapter designation, the chapter 

heading, and the table of sections at the beginning and inserting 

the following: 

‘‘CHAPTER 9—ADMINISTRATION 

‘‘SUBCHAPTER I—REAL AND PERSONAL PROPERTY

‘‘Sec. 

‘‘901. Disposal of certain material. 

‘‘902. Employment of draftsmen and engineers. 

‘‘903. Use of certain appropriated funds. 

‘‘904. Local hire. 

‘‘905. Procurement authority for family housing. 

‘‘906. Air Station Cape Cod Improvements. 

‘‘907. Long-term lease of special purpose facilities. 

‘‘908. Long-term lease authority for lighthouse property. 

‘‘909. Small boat station rescue capability. 

‘‘910. Small boat station closures. 

‘‘911. Search and rescue center standards. 

‘‘912. Air facility closures. 

‘‘913. Turnkey selection procedures. 

‘‘914. Disposition of infrastructure related to E–LORAN. 

‘‘SUBCHAPTER II—MISCELLANEOUS

‘‘931. Oaths required for boards. 
S. 140—14 

‘‘932. Administration of oaths. 

‘‘933. Coast Guard ensigns and pennants. 

‘‘934. Penalty for unauthorized use of words ‘Coast Guard’. 

‘‘935. Coast Guard band recordings for commercial sale. 

‘‘936. Confidentiality of medical quality assurance records; qualified immunity for 

participants. ‘‘937. Admiralty claims against the United States. 

‘‘938. Claims for damage to property of the United States. 

‘‘939. Accounting for industrial work. 

‘‘940. Supplies and equipment from stock. 

‘‘941. Coast Guard Supply Fund. 

‘‘942. Public and commercial vessels and other watercraft; sale of fuel, supplies, and 

services. 

‘‘943. Arms and ammunition; immunity from taxation. 

‘‘944. Confidential investigative expenses. 

‘‘945. Assistance to film producers. 

‘‘946. User fees. 

‘‘947. Vessel construction bonding requirements. 

‘‘948. Contracts for medical care for retirees, dependents, and survivors: alternative 

delivery of health care. ‘‘949. Telephone installation and charges. 

‘‘950. Designation, powers, and accountability of deputy disbursing officials. 

‘‘951. Aircraft accident investigations.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— 

(1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 

9 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

641 Disposal of certain material 901 

653 Employment of draftsmen and engineers 902 

656 Use of certain appropriated funds 903 

666 Local hire 904 

670 Procurement authority for family 

housing 905 

671 Air Station Cape Cod Improvements 906 

672 Long-term lease of special purpose 

facilities 907 
S. 140—15 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

672a Long-term lease authority for lighthouse property 908 

674 Small boat station rescue capability 909 

675 Small boat station closures 910 

676 Search and rescue center standards 911 

676a Air facility closures 912 

677 Turnkey selection procedures 913 

681 Disposition of infrastructure related 

to E–LORAN 914 

635 Oaths required for boards 931 

636 Administration of oaths 932 

638 Coast Guard ensigns and pennants 933 

639 Penalty for unauthorized use of 

words ‘‘Coast Guard’’ 934 

640 Coast Guard band recordings for 

commercial sale 935 

645 Confidentiality of medical quality 

assurance records; qualified immunity for participants 936 

646 Admiralty claims against the United 

States 937 

647 Claims for damage to property of the 

United States 938 

648 Accounting for industrial work 939 

649 Supplies and equipment from stock 940 
S. 140—16 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

650 Coast Guard Supply Fund 941 

654 Public and commercial vessels and 

other watercraft; sale of fuel, supplies, and services 942 

655 Arms and ammunition; immunity 

from taxation 943 

658 Confidential investigative expenses 944 

659 Assistance to film producers 945 

664 User fees 946 

667 Vessel construction bonding requirements 947 

668 Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care 948 

669 Telephone installation and charges 949 

673 Designation, powers, and accountability of deputy disbursing officials 950 

678 Aircraft accident investigations 951 

(c) ADDITIONAL CHANGES.—Chapter 9 of title 14, United States 

Code, is further amended— 

(1) by inserting before section 901 (as so redesignated and 

transferred under subsection (b)) the following: 

‘‘SUBCHAPTER I—REAL AND PERSONAL PROPERTY’’; 

and 

(2) by inserting before section 931 (as so redesignated and 

transferred under subsection (b)) the following: 

‘‘SUBCHAPTER II—MISCELLANEOUS’’. 

SEC. 108. CHAPTER 11. 

(a) INITIAL MATTER.—Chapter 11 of title 14, United States 

Code, is amended by striking the chapter designation, the chapter 
S. 140—17 

heading, and the table of sections at the beginning and inserting 

the following: 

‘‘CHAPTER 11—ACQUISITIONS 

‘‘SUBCHAPTER I—GENERAL PROVISIONS

‘‘Sec. 

‘‘1101. Acquisition directorate. 

‘‘1102. Improvements in Coast Guard acquisition management. 

‘‘1103. Role of Vice Commandant in major acquisition programs. 

‘‘1104. Recognition of Coast Guard personnel for excellence in acquisition. 

‘‘1105. Prohibition on use of lead systems integrators. 

‘‘1106. Required contract terms. 

‘‘1107. Extension of major acquisition program contracts. 

‘‘1108. Department of Defense consultation. 

‘‘1109. Undefinitized contractual actions. 

‘‘1110. Mission need statement. 

‘‘SUBCHAPTER II—IMPROVED ACQUISITION PROCESS AND PROCEDURES

‘‘1131. Identification of major system acquisitions. 

‘‘1132. Acquisition. 

‘‘1133. Preliminary development and demonstration. 

‘‘1134. Acquisition, production, deployment, and support. 

‘‘1135. Acquisition program baseline breach. 

‘‘1136. Acquisition approval authority. 

‘‘SUBCHAPTER III—PROCUREMENT

‘‘1151. Restriction on construction of vessels in foreign shipyards. 

‘‘1152. Advance procurement funding. 

‘‘1153. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in 

foreign shipyards. 

‘‘1154. Procurement of buoy chain. 

‘‘1155. Contract termination. 

‘‘SUBCHAPTER IV—DEFINITIONS

‘‘1171. Definitions.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— 

(1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 

11 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

561 Acquisition directorate 1101 

562 Improvements in Coast Guard acquisition management 1102 
S. 140—18 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

578 Role of Vice Commandant in major 

acquisition programs 1103 

563 Recognition of Coast Guard personnel for excellence in acquisition 1104 

564 Prohibition on use of lead systems 

integrators 1105 

565 Required contract terms 1106 

579 Extension of major acquisition program contracts 1107 

566 Department of Defense consultation 1108 

567 Undefinitized contractual actions 1109 

569 Mission need statement 1110 

571 Identification of major system acquisitions 1131 

572 Acquisition 1132 

573 Preliminary development and demonstration 1133 

574 Acquisition, production, deployment, 

and support 1134 

575 Acquisition program baseline breach 1135 

576 Acquisition approval authority 1136 

665 Restriction on construction of vessels 

in foreign shipyards 1151 

577 Advance procurement funding 1152 
S. 140—19 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

96 Prohibition on overhaul, repair, and 

maintenance of Coast Guard vessels 

in foreign shipyards 1153 

97 Procurement of buoy chain 1154 

657 Contract termination 1155 

581 Definitions 1171 

(c) ADDITIONAL CHANGES.—Chapter 11 of title 14, United States 

Code, is further amended— 

(1) by striking all subdivision designations and headings 

in such chapter, except for— 

(A) the chapter designation and heading added by subsection (a); 

(B) the subchapter designations and headings added 

by this subsection; and 

(C) any designation or heading of a section or a subdivision of a section; 

(2) by inserting before section 1101 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 

(3) by inserting before section 1131 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER II—IMPROVED ACQUISITION PROCESS AND 

PROCEDURES’’; 

(4) by inserting before section 1151 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER III—PROCUREMENT’’; 

and 

(5) by inserting before section 1171 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER IV—DEFINITIONS’’. 

SEC. 109. SUBTITLE II. 

(a) INITIAL MATTER.—Title 14, United States Code, is further 

amended by inserting after chapter 11 (as amended by section 

108) the following: 
S. 140—20 

‘‘Subtitle II—Personnel 

‘‘Chap. Sec.

‘‘19. Coast Guard Academy .............................................................................. 1901

‘‘21. Personnel; Officers .................................................................................... 2101

‘‘23. Personnel; Enlisted .................................................................................... 2301

‘‘25. Personnel; General Provisions ............................................................... 2501

‘‘27. Pay, Allowances, Awards, and Other Rights and Benefits .............. 2701

‘‘29. Coast Guard Family Support, Child Care, and Housing ................. 2901’’. 

(b) RESERVED CHAPTER NUMBERS.— (1) CHAPTER 13.—Chapter 13 of title 14, United States 

Code, is amended by striking the chapter designation, the 

chapter heading, and the table of sections at the beginning. 

(2) CHAPTER 14.—Chapter 14 of title 14, United States 

Code, is amended— 

(A) by striking the chapter designation, the chapter 

heading, and the table of sections at the beginning; and 

(B) by striking the subchapter designation and the 

subchapter heading for each of the subchapters of such 

chapter. 

(3) CHAPTER 15.—Chapter 15 of title 14, United States 

Code, is amended— 

(A) by striking the chapter designation, the chapter 

heading, and the table of sections at the beginning; and 

(B) by striking the subchapter designation and the 

subchapter heading for each of the subchapters of such 

chapter. 

(4) CHAPTER 17.—Chapter 17 of title 14, United States 

Code, is amended by striking the chapter designation, the 

chapter heading, and the table of sections at the beginning. 

(5) CHAPTER 18.—Chapter 18 of title 14, United States 

Code, is amended by striking the chapter designation, the 

chapter heading, and the table of sections at the beginning. 

SEC. 110. CHAPTER 19. 

(a) INITIAL MATTER.—Chapter 19 of title 14, United States 

Code, is amended by striking the chapter designation, the chapter 

heading, and the table of sections at the beginning and inserting 

the following: 

‘‘CHAPTER 19—COAST GUARD ACADEMY 

‘‘SUBCHAPTER I—ADMINISTRATION

‘‘Sec. 

‘‘1901. Administration of Academy. 

‘‘1902. Policy on sexual harassment and sexual violence. 

‘‘1903. Annual Board of Visitors. 

‘‘1904. Participation in Federal, State, or other educational research grants. 

‘‘SUBCHAPTER II—CADETS

‘‘1921. Corps of Cadets authorized strength. 

‘‘1922. Appointments. 

‘‘1923. Admission of foreign nationals for instruction; restrictions; conditions. 

‘‘1924. Conduct. 

‘‘1925. Agreement. 

‘‘1926. Cadet applicants; preappointment travel to Academy. 

‘‘1927. Cadets; initial clothing allowance. 

‘‘1928. Cadets; degree of bachelor of science. 

‘‘1929. Cadets; appointment as ensign. 

‘‘1930. Cadets: charges and fees for attendance; limitation. 
S. 140—21 

‘‘SUBCHAPTER III—FACULTY

‘‘1941. Civilian teaching staff. 

‘‘1942. Permanent commissioned teaching staff; composition. 

‘‘1943. Appointment of permanent commissioned teaching staff. 

‘‘1944. Grade of permanent commissioned teaching staff. 

‘‘1945. Retirement of permanent commissioned teaching staff. 

‘‘1946. Credit for service as member of civilian teaching staff. 

‘‘1947. Assignment of personnel as instructors. 

‘‘1948. Marine safety curriculum.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— 

(1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 

19 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

181 Administration of Academy 1901 

200 Policy on sexual harassment and 

sexual violence 1902 

194 Annual Board of Visitors 1903 

196 Participation in Federal, State, or 

other educational research grants 1904 

195 Admission of foreign nationals for 

instruction; restrictions; conditions 1923 

181a Cadet applicants; preappointment 

travel to Academy 1926 

183 Cadets; initial clothing allowance 1927 

184 Cadets; degree of bachelor of science 1928 

185 Cadets; appointment as ensign 1929 

197 Cadets: charges and fees for attendance; limitation 1930 
S. 140—22 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

186 Civilian teaching staff 1941 

187 Permanent commissioned teaching 

staff; composition 1942 

188 Appointment of permanent commissioned teaching staff 1943 

189 Grade of permanent commissioned 

teaching staff 1944 

190 Retirement of permanent commissioned teaching staff 1945 

191 Credit for service as member of civilian teaching staff 1946 

192 Assignment of personnel as instructors 1947 

199 Marine safety curriculum 1948 

(c) ADDITIONAL CHANGES.— (1) IN GENERAL.—Chapter 19 of title 14, United States 

Code, is further amended— 

(A) by inserting before section 1901 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER I—ADMINISTRATION’’; 

(B) by inserting before section 1923 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER II—CADETS 

‘‘§ 1921. Corps of Cadets authorized strength 

‘‘The number of cadets appointed annually to the Academy 

shall be as determined by the Secretary but the number appointed 

in any one year shall not exceed six hundred. 

‘‘§ 1922. Appointments 

‘‘Appointments to cadetships shall be made under regulations 

prescribed by the Secretary, who shall determine age limits, 

methods of selection of applicants, term of service as a cadet before 

graduation, and all other matters affecting such appointments. In 

the administration of this section, the Secretary shall take such 

action as may be necessary and appropriate to insure that female 
S. 140—23 

individuals shall be eligible for appointment and admission to the 

Coast Guard Academy, and that the relevant standards required 

for appointment, admission, training, graduation, and commissioning of female individuals shall be the same as those required 

for male individuals, except for those minimum essential adjustments in such standards required because of physiological differences between male and female individuals.’’; 

(C) by inserting before section 1926 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘§ 1924. Conduct 

‘‘The Secretary may summarily dismiss from the Coast Guard 

any cadet who, during his cadetship, is found unsatisfactory in 

either studies or conduct, or may be deemed not adapted for a 

career in the Coast Guard. Cadets shall be subject to rules governing 

discipline prescribed by the Commandant. 

‘‘§ 1925. Agreement 

‘‘(a) Each cadet shall sign an agreement with respect to the 

cadet’s length of service in the Coast Guard. The agreement shall 

provide that the cadet agrees to the following: 

‘‘(1) That the cadet will complete the course of instruction 

at the Coast Guard Academy. 

‘‘(2) That upon graduation from the Coast Guard Academy 

the cadet— 

‘‘(A) will accept an appointment, if tendered, as a 

commissioned officer of the Coast Guard; and 

‘‘(B) will serve on active duty for at least five years 

immediately after such appointment. 

‘‘(3) That if an appointment described in paragraph (2) 

is not tendered or if the cadet is permitted to resign as a 

regular officer before the completion of the commissioned 

service obligation of the cadet, the cadet— 

‘‘(A) will accept an appointment as a commissioned 

officer in the Coast Guard Reserve; and 

‘‘(B) will remain in that reserve component until 

completion of the commissioned service obligation of the 

cadet. 

‘‘(b)(1) The Secretary may transfer to the Coast Guard Reserve, 

and may order to active duty for such period of time as the Secretary 

prescribes (but not to exceed four years), a cadet who breaches 

an agreement under subsection (a). The period of time for which 

a cadet is ordered to active duty under this paragraph may be 

determined without regard to section 651(a) of title 10. 

‘‘(2) A cadet who is transferred to the Coast Guard Reserve 

under paragraph (1) shall be transferred in an appropriate enlisted 

grade or rating, as determined by the Secretary. 

‘‘(3) For the purposes of paragraph (1), a cadet shall be considered to have breached an agreement under subsection (a) if the 

cadet is separated from the Coast Guard Academy under circumstances which the Secretary determines constitute a breach 

by the cadet of the cadet’s agreement to complete the course of 

instruction at the Coast Guard Academy and accept an appointment 

as a commissioned officer upon graduation from the Coast Guard 

Academy. 

‘‘(c) The Secretary shall prescribe regulations to carry out this 

section. Those regulations shall include— 
S. 140—24 

‘‘(1) standards for determining what constitutes, for the 

purpose of subsection (b), a breach of an agreement under 

subsection (a); 

‘‘(2) procedures for determining whether such a breach 

has occurred; and 

‘‘(3) standards for determining the period of time for which 

a person may be ordered to serve on active duty under subsection (b). 

‘‘(d) In this section, ‘commissioned service obligation’, with 

respect to an officer who is a graduate of the Academy, means 

the period beginning on the date of the officer’s appointment as 

a commissioned officer and ending on the sixth anniversary of 

such appointment or, at the discretion of the Secretary, any later 

date up to the eighth anniversary of such appointment. 

‘‘(e)(1) This section does not apply to a cadet who is not a 

citizen or national of the United States. 

‘‘(2) In the case of a cadet who is a minor and who has parents 

or a guardian, the cadet may sign the agreement required by 

subsection (a) only with the consent of the parent or guardian. 

‘‘(f) A cadet or former cadet who does not fulfill the terms 

of the obligation to serve as specified under section (a), or the 

alternative obligation imposed under subsection (b), shall be subject 

to the repayment provisions of section 303a(e) of title 37.’’; and 

(D) by inserting before section 1941 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER III—FACULTY’’. 

(2) CONFORMING REPEAL.—Section 182 of title 14, United 

States Code, is repealed. 

SEC. 111. PART II. 

Part II of title 14, United States Code, is amended by striking 

the part designation, the part heading, and the table of chapters 

at the beginning. 

SEC. 112. CHAPTER 21. 

(a) INITIAL MATTER.—Chapter 21 of title 14, United States 

Code, is amended by striking the chapter designation, the chapter 

heading, and the table of sections at the beginning and inserting 

the following: 

‘‘CHAPTER 21—PERSONNEL; OFFICERS 

‘‘SUBCHAPTER I—APPOINTMENT AND PROMOTION

‘‘Sec. 

‘‘2101. Original appointment of permanent commissioned officers. 

‘‘2102. Active duty promotion list. 

‘‘2103. Number and distribution of commissioned officers on active duty promotion 

list. 

‘‘2104. Appointment of temporary officers. 

‘‘2105. Rank of warrant officers. 

‘‘2106. Selection boards; convening of boards. 

‘‘2107. Selection boards; composition of boards. 

‘‘2108. Selection boards; notice of convening; communication with board. 

‘‘2109. Selection boards; oath of members. 

‘‘2110. Number of officers to be selected for promotion. 

‘‘2111. Promotion zones. 

‘‘2112. Promotion year; defined. 

‘‘2113. Eligibility of officers for consideration for promotion. 

‘‘2114. United States Deputy Marshals in Alaska. 
S. 140—25 

‘‘2115. Selection boards; information to be furnished boards. 

‘‘2116. Officers to be recommended for promotion. 

‘‘2117. Selection boards; reports. 

‘‘2118. Selection boards; submission of reports. 

‘‘2119. Failure of selection for promotion. 

‘‘2120. Special selection boards; correction of errors. 

‘‘2121. Promotions; appointments. 

‘‘2122. Removal of officer from list of selectees for promotion. 

‘‘2123. Promotions; acceptance; oath of office. 

‘‘2124. Promotions; pay and allowances. 

‘‘2125. Wartime temporary service promotions. 

‘‘2126. Promotion of officers not included on active duty promotion list. 

‘‘2127. Recall to active duty during war or national emergency. 

‘‘2128. Recall to active duty with consent of officer. 

‘‘2129. Aviation cadets; appointment as Reserve officers. 

‘‘SUBCHAPTER II—DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS; 

SEPARATION FOR CAUSE

‘‘2141. Revocation of commissions during first five years of commissioned service. 

‘‘2142. Regular lieutenants (junior grade); separation for failure of selection for promotion. 

‘‘2143. Regular lieutenants; separation for failure of selection for promotion; continuation. 

‘‘2144. Regular Coast Guard; officers serving under temporary appointments. 

‘‘2145. Regular lieutenant commanders and commanders; retirement for failure of 

selection for promotion. 

‘‘2146. Discharge in lieu of retirement; separation pay. 

‘‘2147. Regular warrant officers: separation pay. 

‘‘2148. Separation for failure of selection for promotion or continuation; time of. 

‘‘2149. Regular captains; retirement. 

‘‘2150. Captains; continuation on active duty; involuntary retirement. 

‘‘2151. Rear admirals and rear admirals (lower half); continuation on active duty; 

involuntary retirement. 

‘‘2152. Voluntary retirement after twenty years’ service. 

‘‘2153. Voluntary retirement after thirty years’ service. 

‘‘2154. Compulsory retirement. 

‘‘2155. Retirement for physical disability after selection for promotion; grade in 

which retired. 

‘‘2156. Deferment of retirement or separation for medical reasons. 

‘‘2157. Flag officers. 

‘‘2158. Review of records of officers. 

‘‘2159. Boards of inquiry. 

‘‘2160. Boards of review. 

‘‘2161. Composition of boards. 

‘‘2162. Rights and procedures. 

‘‘2163. Removal of officer from active duty; action by Secretary. 

‘‘2164. Officers considered for removal; retirement or discharge; separation benefits. 

‘‘2165. Relief of retired officer promoted while on active duty. 

‘‘SUBCHAPTER III—GENERAL PROVISIONS

‘‘2181. Physical fitness of officers. 

‘‘2182. Multirater assessment of certain personnel.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— 

(1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 

21 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 
S. 140—26 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

211 Original appointment of permanent 

commissioned officers 2101 

41a Active duty promotion list 2102 

42 Number and distribution of commissioned officers on active duty promotion list 2103 

214 Appointment of temporary officers 2104 

215 Rank of warrant officers 2105 

251 Selection boards; convening of 

boards 2106 

252 Selection boards; composition of 

boards 2107 

253 Selection boards; notice of convening; communication with board 2108 

254 Selection boards; oath of members 2109 

255 Number of officers to be selected for 

promotion 2110 

256 Promotion zones 2111 

256a Promotion year; defined 2112 

257 Eligibility of officers for consideration for promotion 2113 

258 Selection boards; information to be 

furnished boards 2115 

259 Officers to be recommended for promotion 2116 

260 Selection boards; reports 2117 
S. 140—27 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

261 Selection boards; submission of reports 2118 

262 Failure of selection for promotion 2119 

263 Special selection boards; correction 

of errors 2120 

271 Promotions; appointments 2121 

272 Removal of officer from list of selectees for promotion 2122 

273 Promotions; acceptance; oath of office 2123 

274 Promotions; pay and allowances 2124 

275 Wartime temporary service promotions 2125 

276 Promotion of officers not included on 

active duty promotion list 2126 

331 Recall to active duty during war or 

national emergency 2127 

332 Recall to active duty with consent of 

officer 2128 

373 Aviation cadets; appointment as Reserve officers 2129 

281 Revocation of commissions during 

first five years of commissioned 

service 2141 

282 Regular lieutenants (junior grade); 

separation for failure of selection for 

promotion 2142 
S. 140—28 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

283 Regular lieutenants; separation for 

failure of selection for promotion; 

continuation 2143 

284 Regular Coast Guard; officers serving under temporary appointments 2144 

285 Regular lieutenant commanders and 

commanders; retirement for failure 

of selection for promotion 2145 

286 Discharge in lieu of retirement; separation pay 2146 

286a Regular warrant officers: separation 

pay 2147 

287 Separation for failure of selection for 

promotion or continuation; time of 2148 

288 Regular captains; retirement 2149 

289 Captains; continuation on active 

duty; involuntary retirement 2150 

290 Rear admirals and rear admirals 

(lower half); continuation on active 

duty; involuntary retirement 2151 

291 Voluntary retirement after twenty 

years’ service 2152 

292 Voluntary retirement after thirty 

years’ service 2153 

293 Compulsory retirement 2154 

294 Retirement for physical disability 

after selection for promotion; grade 

in which retired 2155 
S. 140—29 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

295 Deferment of retirement or separation for medical reasons 2156 

296 Flag officers 2157 

321 Review of records of officers 2158 

322 Boards of inquiry 2159 

323 Boards of review 2160 

324 Composition of boards 2161 

325 Rights and procedures 2162 

326 Removal of officer from active duty; 

action by Secretary 2163 

327 Officers considered for removal; retirement or discharge; separation 

benefits 2164 

333 Relief of retired officer promoted 

while on active duty 2165 

335 Physical fitness of officers 2181 

429 Multirater assessment of certain 

personnel 2182 

(c) ADDITIONAL CHANGES.—Chapter 21 of title 14, United States 

Code, is further amended— 

(1) by striking all subchapter designations and headings 

in such chapter, except for the subchapter designations and 

headings added by this subsection; 

(2) by inserting before section 2101 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER I—APPOINTMENT AND PROMOTION’’; 

(3) by inserting before section 2115 (as so redesignated 

and transferred under subsection (b)) the following: 
S. 140—30 

‘‘§ 2114. United States Deputy Marshals in Alaska 

‘‘Commissioned officers may be appointed as United States 

Deputy Marshals in Alaska.’’; 

(4) by inserting before section 2141 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER II—DISCHARGES; RETIREMENTS; 

REVOCATION OF COMMISSIONS; SEPARATION FOR CAUSE’’; 

and 

(5) by inserting before section 2181 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER III—GENERAL PROVISIONS’’. 

SEC. 113. CHAPTER 23. 

(a) INITIAL MATTER.—Chapter 23 of title 14, United States 

Code, is amended by striking the chapter designation, the chapter 

heading, and the table of sections at the beginning and inserting 

the following: 

‘‘CHAPTER 23—PERSONNEL; ENLISTED 

‘‘Sec. 

‘‘2301. Recruiting campaigns. 

‘‘2302. Enlistments; term, grade. 

‘‘2303. Promotion. 

‘‘2304. Compulsory retirement at age of sixty-two. 

‘‘2305. Voluntary retirement after thirty years’ service. 

‘‘2306. Voluntary retirement after twenty years’ service. 

‘‘2307. Retirement of enlisted members: increase in retired pay. 

‘‘2308. Recall to active duty during war or national emergency. 

‘‘2309. Recall to active duty with consent of member. 

‘‘2310. Relief of retired enlisted member promoted while on active duty. 

‘‘2311. Retirement in cases where higher grade or rating has been held. 

‘‘2312. Extension of enlistments. 

‘‘2313. Retention beyond term of enlistment in case of disability. 

‘‘2314. Detention beyond term of enlistment. 

‘‘2315. Inclusion of certain conditions in enlistment contract. 

‘‘2316. Discharge within three months before expiration of enlistment. 

‘‘2317. Aviation cadets; procurement; transfer. 

‘‘2318. Aviation cadets; benefits. 

‘‘2319. Critical skill training bonus.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— 

(1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 

23 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 
S. 140—31 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

350 Recruiting campaigns 2301 

351 Enlistments; term, grade 2302 

352 Promotion 2303 

353 Compulsory retirement at age of 

sixty-two 2304 

354 Voluntary retirement after thirty 

years’ service 2305 

355 Voluntary retirement after twenty 

years’ service 2306 

357 Retirement of enlisted members: increase in retired pay 2307 

359 Recall to active duty during war or 

national emergency 2308 

360 Recall to active duty with consent of 

member 2309 

361 Relief of retired enlisted member 

promoted while on active duty 2310 

362 Retirement in cases where higher 

grade or rating has been held 2311 

365 Extension of enlistments 2312 

366 Retention beyond term of enlistment 

in case of disability 2313 

367 Detention beyond term of enlistment 2314 

369 Inclusion of certain conditions in enlistment contract 2315 

370 Discharge within three months before expiration of enlistment 2316 
S. 140—32 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

371 Aviation cadets; procurement; transfer 2317 

372 Aviation cadets; benefits 2318 

374 Critical skill training bonus 2319 

SEC. 114. CHAPTER 25. 

(a) INITIAL MATTER.—Chapter 25 of title 14, United States 

Code, is amended by striking the chapter designation, the chapter 

heading, and the table of sections at the beginning and inserting 

the following: 

‘‘CHAPTER 25—PERSONNEL; GENERAL PROVISIONS 

‘‘SUBCHAPTER I—GENERAL PROVISIONS

‘‘Sec. 

‘‘2501. Grade on retirement. 

‘‘2502. Retirement. 

‘‘2503. Status of recalled personnel. 

‘‘2504. Computation of retired pay. 

‘‘2505. Limitations on retirement and retired pay. 

‘‘2506. Suspension of payment of retired pay of members who are absent from the 

United States to avoid prosecution. 

‘‘2507. Board for Correction of Military Records deadline. 

‘‘2508. Emergency leave retention authority. 

‘‘2509. Prohibition of certain involuntary administrative separations. 

‘‘2510. Sea service letters. 

‘‘2511. Investigations of flag officers and Senior Executive Service employees. 

‘‘2512. Leave policies for the Coast Guard. 

‘‘2513. Computation of length of service. 

‘‘SUBCHAPTER II—LIGHTHOUSE SERVICE

‘‘2531. Personnel of former Lighthouse Service.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— (1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 

25 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 
S. 140—33 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

334 Grade on retirement 2501 

421 Retirement 2502 

422 Status of recalled personnel 2503 

423 Computation of retired pay 2504 

424 Limitations on retirement and retired pay 2505 

424a Suspension of payment of retired 

pay of members who are absent 

from the United States to avoid 

prosecution 2506 

425 Board for Correction of Military 

Records deadline 2507 

426 Emergency leave retention authority 2508 

427 Prohibition of certain involuntary 

administrative separations 2509 

428 Sea service letters 2510 

430 Investigations of flag officers and 

Senior Executive Service employees 2511 

431 Leave policies for the Coast Guard 2512 

467 Computation of length of service 2513 

432 Personnel of former Lighthouse 

Service 2531 

(c) ADDITIONAL CHANGES.—Chapter 25 of title 14, United States 

Code, is further amended— 

(1) by inserting before section 2501 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 

and 
S. 140—34 

(2) by inserting before section 2531 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER II—LIGHTHOUSE SERVICE’’. 

SEC. 115. PART III. 

Part III of title 14, United States Code, is amended by striking 

the part designation, the part heading, and the table of chapters 

at the beginning. 

SEC. 116. CHAPTER 27. 

(a) INITIAL MATTER.—Chapter 27 of title 14, United States 

Code, is amended by striking the chapter designation, the chapter 

heading, and the table of sections at the beginning and inserting 

the following: 

‘‘CHAPTER 27—PAY, ALLOWANCES, AWARDS, AND 

OTHER RIGHTS AND BENEFITS 

‘‘SUBCHAPTER I—PERSONNEL RIGHTS AND BENEFITS

‘‘Sec. 

‘‘2701. Procurement of personnel. 

‘‘2702. Training. 

‘‘2703. Contingent expenses. 

‘‘2704. Equipment to prevent accidents. 

‘‘2705. Clothing at time of discharge for good of service. 

‘‘2706. Right to wear uniform. 

‘‘2707. Protection of uniform. 

‘‘2708. Clothing for officers and enlisted personnel. 

‘‘2709. Procurement and sale of stores to members and civilian employees. 

‘‘2710. Disposition of effects of decedents. 

‘‘2711. Deserters; payment of expenses incident to apprehension and delivery; penalties. 

‘‘2712. Payment for the apprehension of stragglers. 

‘‘SUBCHAPTER II—AWARDS

‘‘2731. Delegation of powers to make awards; rules and regulations. 

‘‘2732. Medal of honor. 

‘‘2733. Medal of honor: duplicate medal. 

‘‘2734. Medal of honor: presentation of Medal of Honor Flag. 

‘‘2735. Coast Guard cross. 

‘‘2736. Distinguished service medal. 

‘‘2737. Silver star medal. 

‘‘2738. Distinguished flying cross. 

‘‘2739. Coast Guard medal. 

‘‘2740. Insignia for additional awards. 

‘‘2741. Time limit on award; report concerning deed. 

‘‘2742. Honorable subsequent service as condition to award. 

‘‘2743. Posthumous awards. 

‘‘2744. Life-saving medals. 

‘‘2745. Replacement of medals. 

‘‘2746. Award of other medals. 

‘‘2747. Awards and insignia for excellence in service or conduct. 

‘‘2748. Presentation of United States flag upon retirement. 

‘‘SUBCHAPTER III—PAYMENTS

‘‘2761. Persons discharged as result of court-martial; allowances to. 

‘‘2762. Shore patrol duty; payment of expenses. 

‘‘2763. Compensatory absence from duty for military personnel at isolated duty stations. 

‘‘2764. Monetary allowance for transportation of household effects. 

‘‘2765. Retroactive payment of pay and allowances delayed by administrative error 

or oversight. 

‘‘2766. Travel card management. 

‘‘2767. Reimbursement for medical-related travel expenses for certain persons residing on islands in the continental United States. 
S. 140—35 

‘‘2768. Annual audit of pay and allowances of members undergoing permanent 

change of station. 

‘‘2769. Remission of indebtedness. 

‘‘2770. Special instruction at universities. 

‘‘2771. Attendance at professional meetings. 

‘‘2772. Education loan repayment program. 

‘‘2773. Rations or commutation therefor in money. 

‘‘2774. Sales of ration supplies to messes. 

‘‘2775. Flight rations. 

‘‘2776. Payments at time of discharge for good of service. 

‘‘2777. Clothing for destitute shipwrecked persons. 

‘‘2778. Advancement of public funds to personnel. 

‘‘2779. Transportation to and from certain places of employment.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— 

(1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 

27 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

468 Procurement of personnel 2701 

469 Training 2702 

476 Contingent expenses 2703 

477 Equipment to prevent accidents 2704 

482 Clothing at time of discharge for 

good of service 2705 

483 Right to wear uniform 2706 

484 Protection of uniform 2707 

485 Clothing for officers and enlisted 

personnel 2708 

487 Procurement and sale of stores to 

members and civilian employees 2709 

507 Disposition of effects of decedents 2710 
S. 140—36 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

508 Deserters; payment of expenses incident to apprehension and delivery; 

penalties 2711 

644 Payment for the apprehension of 

stragglers 2712 

499 Delegation of powers to make 

awards; rules and regulations 2731 

491 Medal of honor 2732 

504 Medal of honor: duplicate medal 2733 

505 Medal of honor: presentation of 

Medal of Honor Flag 2734 

491a Coast Guard cross 2735 

492 Distinguished service medal 2736 

492a Silver star medal 2737 

492b Distinguished flying cross 2738 

493 Coast Guard medal 2739 

494 Insignia for additional awards 2740 

496 Time limit on award; report concerning deed 2741 

497 Honorable subsequent service as 

condition to award 2742 

498 Posthumous awards 2743 

500 Life-saving medals 2744 

501 Replacement of medals 2745 

502 Award of other medals 2746 
S. 140—37 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

503 Awards and insignia for excellence 

in service or conduct 2747 

516 Presentation of United States flag 

upon retirement 2748 

509 Persons discharged as result of 

court-martial; allowances to 2761 

510 Shore patrol duty; payment of expenses 2762 

511 Compensatory absence from duty for 

military personnel at isolated duty 

stations 2763 

512 Monetary allowance for transportation of household effects 2764 

513 Retroactive payment of pay and allowances delayed by administrative 

error or oversight 2765 

517 Travel card management 2766 

518 Reimbursement for medical-related 

travel expenses for certain persons 

residing on islands in the continental United States 2767 

519 Annual audit of pay and allowances 

of members undergoing permanent 

change of station 2768 

461 Remission of indebtedness 2769 

470 Special instruction at universities 2770 

471 Attendance at professional meetings 2771 

472 Education loan repayment program 2772 
S. 140—38 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

478 Rations or commutation therefor in 

money 2773 

479 Sales of ration supplies to messes 2774 

480 Flight rations 2775 

481 Payments at time of discharge for 

good of service 2776 

486 Clothing for destitute shipwrecked 

persons 2777 

488 Advancement of public funds to personnel 2778 

660 Transportation to and from certain 

places of employment 2779 

(c) ADDITIONAL CHANGES.—Chapter 27 of title 14, United States 

Code, is further amended— 

(1) by inserting before section 2701 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER I—PERSONNEL RIGHTS AND BENEFITS’’; 

(2) by inserting before section 2731 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER II—AWARDS’’; 

and 

(3) by inserting before section 2761 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER III—PAYMENTS’’. 

SEC. 117. CHAPTER 29. 

(a) INITIAL MATTER.—Chapter 29 of title 14, United States 

Code, is amended by striking the chapter designation, the chapter 

heading, and the table of sections at the beginning and inserting 

the following: 
S. 140—39 

‘‘CHAPTER 29—COAST GUARD FAMILY SUPPORT, CHILD 

CARE, AND HOUSING 

‘‘SUBCHAPTER I—COAST GUARD FAMILIES

‘‘Sec. 

‘‘2901. Work-life policies and programs. 

‘‘2902. Surveys of Coast Guard families. 

‘‘2903. Reimbursement for adoption expenses. 

‘‘2904. Education and training opportunities for Coast Guard spouses. 

‘‘2905. Youth sponsorship initiatives. 

‘‘2906. Dependent school children. 

‘‘SUBCHAPTER II—COAST GUARD CHILD CARE

‘‘2921. Definitions. 

‘‘2922. Child development services. 

‘‘2923. Child development center standards and inspections. 

‘‘2924. Child development center employees. 

‘‘2925. Parent partnerships with child development centers. 

‘‘SUBCHAPTER III—HOUSING

‘‘2941. Definitions. 

‘‘2942. General authority. 

‘‘2943. Leasing and hiring of quarters; rental of inadequate housing. 

‘‘2944. Retired service members and dependents serving on advisory committees. 

‘‘2945. Conveyance of real property. 

‘‘2946. Coast Guard Housing Fund. 

‘‘2947. Reports.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— 

(1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 

29 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

531 Work-life policies and programs 2901 

532 Surveys of Coast Guard families 2902 

541 Reimbursement for adoption expenses 2903 

542 Education and training opportunities for Coast Guard spouses 2904 

543 Youth sponsorship initiatives 2905 
S. 140—40 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

544 Dependent school children 2906 

551 Definitions 2921 

552 Child development services 2922 

553 Child development center standards 

and inspections 2923 

554 Child development center employees 2924 

555 Parent partnerships with child development centers 2925 

680 Definitions 2941 

681 General authority 2942 

475 Leasing and hiring of quarters; rental of inadequate housing 2943 

680 Retired service members and dependents serving on advisory committees 2944 

685 Conveyance of real property 2945 

687 Coast Guard Housing Fund 2946 

688 Reports 2947 

(c) ADDITIONAL CHANGES.—Chapter 29 of title 14, United States 

Code, is further amended— 

(1) by inserting before section 2901 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER I—COAST GUARD FAMILIES’’; 

(2) by inserting before section 2921 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER II—COAST GUARD CHILD CARE’’; 

and 
S. 140—41 

(3) by inserting before section 2941 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER III—HOUSING’’. 

SEC. 118. SUBTITLE III AND CHAPTER 37. 

(a) INITIAL MATTER.—Title 14, United States Code, is further 

amended by adding after chapter 29 (as amended by section 117) 

the following: 

‘‘Subtitle III—Coast Guard Reserve and 

Auxiliary 

‘‘Chap. Sec. 

‘‘37. Coast Guard Reserve ................................................................................ 3701 

‘‘39. Coast Guard Auxiliary .............................................................................. 3901 

‘‘41. General Provisions for Coast Guard Reserve and Auxiliary ......... 4101 

‘‘CHAPTER 1—COAST GUARD RESERVE 

‘‘SUBCHAPTER I—ADMINISTRATION

‘‘Sec. 

‘‘3701. Organization. 

‘‘3702. Authorized strength. 

‘‘3703. Coast Guard Reserve Boards. 

‘‘3704. Grades and ratings; military authority. 

‘‘3705. Benefits. 

‘‘3706. Temporary members of the Reserve; eligibility and compensation. 

‘‘3707. Temporary members of the Reserve; disability or death benefits. 

‘‘3708. Temporary members of the Reserve; certificate of honorable service. 

‘‘3709. Reserve student aviation pilots; Reserve aviation pilots; appointments in 

commissioned grade. 

‘‘3710. Reserve student pre-commissioning assistance program. 

‘‘3711. Appointment or wartime promotion; retention of grade upon release from active duty. 

‘‘3712. Exclusiveness of service. 

‘‘3713. Active duty for emergency augmentation of regular forces. 

‘‘3714. Enlistment of members engaged in schooling. 

‘‘SUBCHAPTER II—PERSONNEL

‘‘3731. Definitions. 

‘‘3732. Applicability of this subchapter. 

‘‘3733. Suspension of this subchapter in time of war or national emergency. 

‘‘3734. Effect of this subchapter on retirement and retired pay. 

‘‘3735. Authorized number of officers. 

‘‘3736. Precedence. 

‘‘3737. Running mates. 

‘‘3738. Constructive credit upon initial appointment. 

‘‘3739. Promotion of Reserve officers on active duty. 

‘‘3740. Promotion; recommendations of selection boards. 

‘‘3741. Selection boards; appointment. 

‘‘3742. Establishment of promotion zones under running mate system. 

‘‘3743. Eligibility for promotion. 

‘‘3744. Recommendation for promotion of an officer previously removed from an active status. 

‘‘3745. Qualifications for promotion. 

‘‘3746. Promotion; acceptance; oath of office. 

‘‘3747. Date of rank upon promotion; entitlement to pay. 

‘‘3748. Type of promotion; temporary. 

‘‘3749. Effect of removal by the President or failure of consent of the Senate. 

‘‘3750. Failure of selection for promotion. 

‘‘3751. Failure of selection and removal from an active status. 

‘‘3752. Retention boards; removal from an active status to provide a flow of promotion. 
S. 140—42 

‘‘3753. Maximum ages for retention in an active status. 

‘‘3754. Rear admiral and rear admiral (lower half); maximum service in grade. 

‘‘3755. Appointment of a former Navy or Coast Guard officer. 

‘‘3756. Grade on entry upon active duty. 

‘‘3757. Recall of a retired officer; grade upon release.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— 

(1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 

37 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

701 Organization 3701 

702 Authorized strength 3702 

703 Coast Guard Reserve Boards 3703 

704 Grades and ratings; military authority 3704 

705 Benefits 3705 

706 Temporary members of the Reserve; 

eligibility and compensation 3706 

707 Temporary members of the Reserve; 

disability or death benefits 3707 

708 Temporary members of the Reserve; 

certificate of honorable service 3708 

709 Reserve student aviation pilots; Reserve aviation pilots; appointments 

in commissioned grade 3709 

709a Reserve student pre-commissioning 

assistance program 3710 
S. 140—43 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

710 Appointment or wartime promotion; 

retention of grade upon release from 

active duty 3711 

711 Exclusiveness of service 3712 

712 Active duty for emergency augmentation of regular forces 3713 

713 Enlistment of members engaged in 

schooling 3714 

720 Definitions 3731 

721 Applicability of this subchapter 3732 

722 Suspension of this subchapter in 

time of war or national emergency 3733 

723 Effect of this subchapter on retirement and retired pay 3734 

724 Authorized number of officers 3735 

725 Precedence 3736 

726 Running mates 3737 

727 Constructive credit upon initial appointment 3738 

728 Promotion of Reserve officers on active duty 3739 

729 Promotion; recommendations of selection boards 3740 

730 Selection boards; appointment 3741 

731 Establishment of promotion zones 

under running mate system 3742 
S. 140—44 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

732 Eligibility for promotion 3743 

733 Recommendation for promotion of an 

officer previously removed from an 

active status 3744 

734 Qualifications for promotion 3745 

735 Promotion; acceptance; oath of office 3746 

736 Date of rank upon promotion; entitlement to pay 3747 

737 Type of promotion; temporary 3748 

738 Effect of removal by the President or 

failure of consent of the Senate 3749 

739 Failure of selection for promotion 3750 

740 Failure of selection and removal 

from an active status 3751 

741 Retention boards; removal from an 

active status to provide a flow of 

promotion 3752 

742 Maximum ages for retention in an 

active status 3753 

743 Rear admiral and rear admiral 

(lower half); maximum service in 

grade 3754 

744 Appointment of a former Navy or 

Coast Guard officer 3755 

745 Grade on entry upon active duty 3756 

746 Recall of a retired officer; grade 

upon release 3757 
S. 140—45 

(c) ADDITIONAL CHANGES.—Chapter 37 of title 14, United States 

Code, is further amended— 

(1) by inserting before section 3701 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER I—ADMINISTRATION’’; 

and 

(2) by inserting before section 3731 (as so redesignated 

and transferred under subsection (b)) the following: 

‘‘SUBCHAPTER II—PERSONNEL’’. 

SEC. 119. CHAPTER 39. 

(a) INITIAL MATTER.—Title 14, United States Code, is further 

amended by adding after chapter 37 (as added by section 118) 

the following: 

‘‘CHAPTER 39—COAST GUARD AUXILIARY 

‘‘Sec. 

‘‘3901. Administration of the Coast Guard Auxiliary. 

‘‘3902. Purpose of the Coast Guard Auxiliary. 

‘‘3903. Eligibility; enrollments. 

‘‘3904. Members of the Auxiliary; status. 

‘‘3905. Disenrollment. 

‘‘3906. Membership in other organizations. 

‘‘3907. Use of member’s facilities. 

‘‘3908. Vessel deemed public vessel. 

‘‘3909. Aircraft deemed public aircraft. 

‘‘3910. Radio station deemed government station. 

‘‘3911. Availability of appropriations. 

‘‘3912. Assignment and performance of duties. 

‘‘3913. Injury or death in line of duty.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— 

(1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 

39 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

821 Administration of the Coast Guard 

Auxiliary 3901 

822 Purpose of the Coast Guard Auxiliary 3902 
S. 140—46 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

823 Eligibility; enrollments 3903 

823a Members of the Auxiliary; status 3904 

824 Disenrollment 3905 

825 Membership in other organizations 3906 

826 Use of member’s facilities 3907 

827 Vessel deemed public vessel 3908 

828 Aircraft deemed public aircraft 3909 

829 Radio station deemed government 

station 3910 

830 Availability of appropriations 3911 

831 Assignment and performance of duties 3912 

832 Injury or death in line of duty 3913 

SEC. 120. CHAPTER 41. 

(a) INITIAL MATTER.—Title 14, United States Code, is further 

amended by adding after chapter 39 (as added by section 119) 

the following: 

‘‘CHAPTER 41—GENERAL PROVISIONS FOR COAST 

GUARD RESERVE AND AUXILIARY 

‘‘Sec. 

‘‘4101. Flags; pennants; uniforms and insignia. 

‘‘4102. Penalty. 

‘‘4103. Limitation on rights of members of the Auxiliary and temporary members of 

the Reserve. 

‘‘4104. Availability of facilities and appropriations.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— 

(1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 
S. 140—47 

41 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

891 Flags; pennants; uniforms and insignia 4101 

892 Penalty 4102 

893 Limitation on rights of members of 

the Auxiliary and temporary members of the Reserve 4103 

894 Availability of facilities and appropriations 4104 

SEC. 121. SUBTITLE IV AND CHAPTER 49. 

(a) INITIAL MATTER.—Title 14, United States Code, is further 

amended by adding after chapter 41 (as added by section 120) 

the following: 

‘‘Subtitle IV—Coast Guard Authorizations 

and Reports to Congress 

‘‘Chap. Sec. 

‘‘49. Authorizations ............................................................................................ 4901 

‘‘51. Reports ......................................................................................................... 5101 

‘‘CHAPTER 49—AUTHORIZATIONS 

‘‘Sec. 

‘‘4901. Requirement for prior authorization of appropriations. 

‘‘4902. Authorization of appropriations. 

‘‘4903. Authorization of personnel end strengths. 

‘‘4904. Authorized levels of military strength and training.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— 

(1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 

49 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 
S. 140—48 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

2701 Requirement for prior authorization 

of appropriations 4901 

2702 Authorization of appropriations 4902 

2703 Authorization of personnel end 

strengths 4903 

2704 Authorized levels of military 

strength and training 4904 

SEC. 122. CHAPTER 51. 

(a) INITIAL MATTER.—Title 14, United States Code, is further 

amended by adding after chapter 49 (as added by section 121) 

the following: 

‘‘CHAPTER 51—REPORTS 

‘‘Sec. 

‘‘5101. Transmission of annual Coast Guard authorization request. 

‘‘5102. Capital investment plan. 

‘‘5103. Major acquisitions. 

‘‘5104. Manpower requirements plan. 

‘‘5105. Inventory of real property. 

‘‘5106. Annual performance report. 

‘‘5107. Major acquisition risk assessment.’’. 

(b) REDESIGNATIONS AND TRANSFERS.— 

(1) REQUIREMENT.—The sections of title 14, United States 

Code, identified in the table provided in paragraph (2) are 

amended— 

(A) by redesignating the sections as described in the 

table; and 

(B) by transferring the sections, as necessary, so that 

the sections appear after the table of sections for chapter 

51 of such title (as added by subsection (a)), in the order 

in which the sections are presented in the table. 

(2) TABLE.—The table referred to in paragraph (1) is the 

following: 
S. 140—49 

Title 14 

section 

number before redesignation 

Section heading (provided for identification purposes only-not amended) 

Title 14 

section 

number 

after redesignation 

2901 Transmission of annual Coast Guard 

authorization request 5101 

2902 Capital investment plan 5102 

2903 Major acquisitions 5103 

2904 Manpower requirements plan 5104 

679 Inventory of real property 5105 

2905 Annual performance report 5106 

2906 Major acquisition risk assessment 5107 

SEC. 123. REFERENCES. 

(a) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) REDESIGNATED SECTION.—The term ‘‘redesignated section’’ means a section of title 14, United States Code, that 

is redesignated by this title, as that section is so redesignated. 

(2) SOURCE SECTION.—The term ‘‘source section’’ means 

a section of title 14, United States Code, that is redesignated 

by this title, as that section was in effect before the redesignation. 

(b) REFERENCE TO SOURCE SECTION.— 

(1) TREATMENT OF REFERENCE.—A reference to a source 

section, including a reference in a regulation, order, or other 

law, is deemed to refer to the corresponding redesignated section. 

(2) TITLE 14.—In title 14, United States Code, each reference in the text of such title to a source section is amended 

by striking such reference and inserting a reference to the 

appropriate, as determined using the tables located in this 

title, redesignated section. 

(c) OTHER CONFORMING AMENDMENTS.— 

(1) REFERENCE TO SECTION 182.—Section 1923(c) of title 

14, United States Code, as so redesignated by this title, is 

further amended by striking ‘‘section 182’’ and inserting ‘‘section 

1922’’. 

(2) REFERENCES TO CHAPTER 11.—Title 14, United States 

Code, is further amended— 

(A) in section 2146(d), as so redesignated by this title, 

by striking ‘‘chapter 11 of this title’’ and inserting ‘‘this 

chapter’’; and 
S. 140—50 

(B) in section 3739, as so redesignated by this title, 

by striking ‘‘chapter 11’’ each place that it appears and 

inserting ‘‘chapter 21’’. 

(3) REFERENCE TO CHAPTER 13.—Section 3705(b) of title 

14, United States Code, as so redesignated by this title, is 

further amended by striking ‘‘chapter 13’’ and inserting ‘‘chapter 

27’’. 

(4) REFERENCE TO CHAPTER 15.—Section 308(b)(3) of title 

14, United States Code, as so redesignated by this title, is 

further amended by striking ‘‘chapter 15’’ and inserting ‘‘chapter 

11’’. 

(5) REFERENCES TO CHAPTER 19.—Title 14, United States 

Code, is further amended— 

(A) in section 4901(4), as so redesignated by this title, 

by striking ‘‘chapter 19’’ and inserting ‘‘section 318’’; and 

(B) in section 4902(4), as so redesignated by this title, 

by striking ‘‘chapter 19’’ and inserting ‘‘section 318’’. 

(6) REFERENCE TO CHAPTER 23.—Section 701(a) of title 14, 

United States Code, as so redesignated by this title, is further 

amended by striking ‘‘chapter 23’’ and inserting ‘‘chapter 39’’. 

SEC. 124. RULE OF CONSTRUCTION. 

This title, including the amendments made by this title, is 

intended only to reorganize title 14, United States Code, and may 

not be construed to alter— 

(1) the effect of a provision of title 14, United States Code, 

including any authority or requirement therein; 

(2) a department or agency interpretation with respect 

to title 14, United States Code; or 

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

States Code. 

TITLE II—AUTHORIZATIONS 

SEC. 201. AMENDMENTS TO TITLE 14, UNITED STATES CODE, AS 

AMENDED BY TITLE I OF THIS ACT. 

Except as otherwise expressly provided, whenever in this title 

an amendment or repeal is expressed in terms of an amendment 

to, or a repeal of, a section or other provision of title 14, United 

States Code, the reference shall be considered to be made to title 

14, United States Code, as amended by title I of this Act. 

SEC. 202. AUTHORIZATIONS OF APPROPRIATIONS. 

(a) IN GENERAL.—Section 4902 of title 14, United States Code, 

is amended to read as follows: 

‘‘§ 4902. Authorizations of appropriations 

‘‘(a) FISCAL YEAR 2018.—Funds are authorized to be appropriated for fiscal year 2018 for necessary expenses of the Coast 

Guard as follows: 

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

not otherwise provided for, $7,210,313,000 for fiscal year 2018. 

‘‘(2) For the acquisition, construction, renovation, and 

improvement of aids to navigation, shore facilities, vessels, 

aircraft, and systems, including equipment related thereto, and 

for maintenance, rehabilitation, lease, and operation of facilities 

and equipment, $2,694,745,000 for fiscal year 2018. 
S. 140—51 

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

costs, equipment, and services, $114,875,000 for fiscal year 

2018. 

‘‘(4) For the environmental compliance and restoration functions of the Coast Guard under chapter 3 of this title, 

$13,397,000 for fiscal year 2018. 

‘‘(5) To the Commandant for research, development, test, 

and evaluation of technologies, materials, and human factors 

directly related to improving the performance of the Coast 

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

navigation, marine safety, marine environmental protection, 

enforcement of laws and treaties, ice operations, oceanographic 

research, and defense readiness, and for maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$29,141,000 for fiscal year 2018. 

‘‘(b) FISCAL YEAR 2019.—Funds are authorized to be appropriated for fiscal year 2019 for necessary expenses of the Coast 

Guard as follows: 

‘‘(1)(A) For the operation and maintenance of the Coast 

Guard, not otherwise provided for, $7,914,195,000 for fiscal 

year 2019. 

‘‘(B) Of the amount authorized under subparagraph (A)— 

‘‘(i) $16,701,000 shall be for environmental compliance 

and restoration; and 

‘‘(ii) $199,360,000 shall be for the Coast Guard’s Medicare-eligible retiree health care fund contribution to the 

Department of Defense. 

‘‘(2) For the procurement, construction, renovation, and 

improvement of aids to navigation, shore facilities, vessels, 

aircraft, and systems, including equipment related thereto, and 

for maintenance, rehabilitation, lease, and operation of facilities 

and equipment, $2,694,745,000 for fiscal year 2019. 

‘‘(3) To the Commandant for research, development, test, 

and evaluation of technologies, materials, and human factors 

directly related to improving the performance of the Coast 

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

navigation, marine safety, marine environmental protection, 

enforcement of laws and treaties, ice operations, oceanographic 

research, and defense readiness, and for maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$29,141,000 for fiscal year 2019.’’. 

(b) REPEAL.—On October 1, 2018— 

(1) section 4902(a) of title 14, United States Code, as 

amended by subsection (a), shall be repealed; and 

(2) subsection 4902(b) of title 14, United States Code, as 

amended by subsection (a), shall be amended by striking ‘‘(b) 

FISCAL YEAR 2019.—’’. 

SEC. 203. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 

TRAINING. 

Section 4904 of title 14, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘for each of fiscal years 

2016 and 2017’’ and inserting ‘‘for fiscal year 2018 and 44,500 

for fiscal year 2019’’; and 

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

2017’’ and inserting ‘‘fiscal years 2018 and 2019’’. 
S. 140—52 

SEC. 204. AUTHORIZATION OF AMOUNTS FOR FAST RESPONSE CUTTERS. 

(a) IN GENERAL.—Of the amounts authorized under section 

4902 of title 14, United States Code, as amended by this Act, 

for each of fiscal years 2018 and 2019 up to $167,500,000 is authorized for the acquisition of 3 Fast Response Cutters. 

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

pursuant to subsection (a) shall be in addition to the 58 cutters 

approved under the existing acquisition baseline. 

SEC. 205. AUTHORIZATION OF AMOUNTS FOR SHORESIDE INFRASTRUCTURE. 

Of the amounts authorized under section 4902 of title 14, 

United States Code, as amended by this Act, for each of fiscal 

years 2018 and 2019 up to $167,500,000 is authorized for the 

Secretary of the department in which the Coast Guard is operating 

to fund the acquisition, construction, rebuilding, or improvement 

of Coast Guard shoreside infrastructure and facilities necessary 

to support Coast Guard operations and readiness. 

SEC. 206. AUTHORIZATION OF AMOUNTS FOR AIRCRAFT IMPROVEMENTS. 

Of the amounts authorized under section 4902 of title 14, 

United States Code, as amended by this Act, for each of fiscal 

years 2018 and 2019 up to $3,500,000 is authorized for the Secretary 

of the department in which the Coast Guard is operating to fund 

analysis and program development for improvements to or the 

replacement of rotary-wing aircraft. 

TITLE III—COAST GUARD 

SEC. 301. AMENDMENTS TO TITLE 14, UNITED STATES CODE, AS 

AMENDED BY TITLE I OF THIS ACT. 

Except as otherwise expressly provided, whenever in this title 

an amendment or repeal is expressed in terms of an amendment 

to, or a repeal of, a section or other provision of title 14, United 

States Code, the reference shall be considered to be made to title 

14, United States Code, as amended by title I of this Act. 

SEC. 302. PRIMARY DUTIES. 

Section 102(7) of title 14, United States Code, is amended 

to read as follows: 

‘‘(7) maintain a state of readiness to assist in the defense 

of the United States, including when functioning as a specialized service in the Navy pursuant to section 103.’’. 

SEC. 303. NATIONAL COAST GUARD MUSEUM. 

Section 316 of title 14, United States Code, is amended to 

read as follows: 

‘‘§ 316. National Coast Guard Museum 

‘‘(a) ESTABLISHMENT.—The Commandant may establish a 

National Coast Guard Museum, on lands which will be federally 

owned and administered by the Coast Guard, and are located in 

New London, Connecticut, at, or in close proximity to, the Coast 

Guard Academy. 

‘‘(b) LIMITATION ON EXPENDITURES.— 
S. 140—53 

‘‘(1) The Secretary shall not expend any funds appropriated 

to the Coast Guard on the construction of any museum established under this section. 

‘‘(2) The Secretary shall fund the National Coast Guard 

Museum with nonappropriated and non-Federal funds to the 

maximum extent practicable. The priority use of Federal funds 

should be to preserve and protect historic Coast Guard artifacts, 

including the design, fabrication, and installation of exhibits 

or displays in which such artifacts are included. 

‘‘(3) The Secretary may expend funds appropriated to the 

Coast Guard on the engineering and design of a National 

Coast Guard Museum. 

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

establishes a National Coast Guard Museum under subsection (a), 

the Commandant shall provide to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives 

a plan for constructing, operating, and maintaining such a museum, 

including— 

‘‘(1) estimated planning, engineering, design, construction, 

operation, and maintenance costs; 

‘‘(2) the extent to which appropriated, nonappropriated, 

and non-Federal funds will be used for such purposes, including 

the extent to which there is any shortfall in funding for 

engineering, design, or construction; and 

‘‘(3) a certification by the Inspector General of the department in which the Coast Guard is operating that the estimates 

provided pursuant to paragraphs (1) and (2) are reasonable 

and realistic. 

‘‘(d) AUTHORITY.—The Commandant may not establish a 

National Coast Guard museum except as set forth in this section.’’. 

SEC. 304. UNMANNED AIRCRAFT. 

(a) LAND-BASED UNMANNED AIRCRAFT SYSTEM PROGRAM.— 

Chapter 3 of title 14, United States Code, is amended by adding 

at the end the following: 

‘‘§ 319. Land-based unmanned aircraft system program 

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

the Secretary shall establish a land-based unmanned aircraft 

system program under the control of the Commandant. 

‘‘(b) UNMANNED AIRCRAFT SYSTEM DEFINED.—In this section, 

the term ‘unmanned aircraft system’ has the meaning given that 

term in section 331 of the FAA Modernization and Reform Act 

of 2012 (49 U.S.C. 40101 note).’’. 

(b) LIMITATION ON UNMANNED AIRCRAFT SYSTEMS.—Chapter 

11 of title 14, United States Code, is amended by inserting after 

section 1155 the following: 

‘‘§ 1156. Limitation on unmanned aircraft systems 

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

appropriated for the design or construction of an Offshore Patrol 

Cutter, the Commandant— 

‘‘(1) may not award a contract for design of an unmanned 

aircraft system for use by the Coast Guard; and 

‘‘(2) may lease, acquire, or acquire the services of an 

unmanned aircraft system only if such system— 
S. 140—54 

‘‘(A) has been part of a program of record of, procured 

by, or used by a Federal entity (or funds for research, 

development, test, and evaluation have been received from 

a Federal entity with regard to such system) before the 

date on which the Commandant leases, acquires, or 

acquires the services of the system; and 

‘‘(B) is leased, acquired, or utilized by the Commandant 

through an agreement with a Federal entity, unless such 

an agreement is not practicable or would be less costeffective than an independent contract action by the Coast 

Guard. 

‘‘(b) SMALL UNMANNED AIRCRAFT EXEMPTION.—Subsection (a)(2) 

does not apply to small unmanned aircraft. 

‘‘(c) DEFINITIONS.—In this section, the terms ‘small unmanned 

aircraft’ and ‘unmanned aircraft system’ have the meanings given 

those terms in section 331 of the FAA Modernization and Reform 

Act of 2012 (49 U.S.C. 40101 note).’’. 

(c) CLERICAL AMENDMENTS.— (1) CHAPTER 3.—The analysis for chapter 3 of title 14, 

United States Code, is amended by adding at the end the 

following: 

‘‘319. Land-based unmanned aircraft system program.’’. 

(2) CHAPTER 11.—The analysis for chapter 11 of title 14, 

United States Code, is amended by inserting after the item 

relating to section 1155 the following: 

‘‘1156. Limitation on unmanned aircraft systems.’’. 

(d) CONFORMING AMENDMENT.—Subsection (c) of section 1105 

of title 14, United States Code, is repealed. 

SEC. 305. COAST GUARD HEALTH-CARE PROFESSIONALS; LICENSURE 

PORTABILITY. 

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

is amended by inserting after section 507 the following: 

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

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law 

regarding the licensure of health-care providers, a health-care 

professional described in subsection (b) may practice the health 

profession or professions of the health-care professional at any 

location in any State, the District of Columbia, or a Commonwealth, 

territory, or possession of the United States, regardless of where 

such health-care professional or the patient is located, if the practice 

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

‘‘(b) DESCRIBED INDIVIDUALS.—A health-care professional 

described in this subsection is an individual— 

‘‘(1) who is— 

‘‘(A) a member of the Coast Guard; 

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

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

assigned to the Coast Guard; or 

‘‘(D) any other health-care professional credentialed 

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

‘‘(2) who— 
S. 140—55 

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

and 

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

Guard. 

‘‘(c) DEFINITIONS.—In this section, the terms ‘license’ and 

‘health-care professional’ have the meanings given those terms in 

section 1094(e) of title 10.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 5 of title 

14, United States Code, is amended by inserting after the item 

relating to section 507 the following: 

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

(c) ELECTRONIC HEALTH RECORDS.— 

(1) SYSTEM.—The Commandant of the Coast Guard is 

authorized to procure for the Coast Guard an electronic health 

record system that— 

(A) has been competitively awarded by the Department 

of Defense; and 

(B) ensures full integration with the Department of 

Defense electronic health record systems. 

(2) SUPPORT SERVICES.— 

(A) IN GENERAL.—The Commandant is authorized to 

procure support services for the electronic health record 

system procured under paragraph (1) necessary to ensure 

full integration with the Department of Defense electronic 

health record systems. 

(B) SCOPE.—Support services procured pursuant to this 

paragraph may include services for the following: 

(i) System integration support. 

(ii) Hosting support. 

(iii) Training, testing, technical, and data migration support. 

(iv) Hardware support. 

(v) Any other support the Commandant considers 

appropriate. 

(3) AUTHORIZED PROCUREMENT ACTIONS.—The Commandant is authorized to procure an electronic health record 

system under this subsection through the following: 

(A) A task order under the Department of Defense 

electronic health record contract. 

(B) A sole source contract award. 

(C) An agreement made pursuant to sections 1535 

and 1536 of title 31, United States Code. 

(D) A contract or other procurement vehicle otherwise 

authorized. 

(4) COMPETITION IN CONTRACTING; EXEMPTION.—Procurement of an electronic health record system and support services 

pursuant to this subsection shall be exempt from the competition requirements of section 2304 of title 10, United States 

Code. 

SEC. 306. TRAINING; EMERGENCY RESPONSE PROVIDERS. 

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

is amended by adding at the end the following: 
S. 140—56 

‘‘§ 718. Training; emergency response providers 

‘‘(a) IN GENERAL.—The Commandant may, on a reimbursable 

or a non-reimbursable basis, make a training available to emergency 

response providers whenever the Commandant determines that— 

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

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

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

to the unit to which the member of the Coast Guard who 

is unable or unavailable to participate in such training is 

assigned, is able or available to participate in such training; 

and 

‘‘(3) such training, if made available to such emergency 

response providers, would further the goal of interoperability 

among Federal agencies, non-Federal governmental agencies, 

or both. 

‘‘(b) EMERGENCY RESPONSE PROVIDERS DEFINED.—In this section, the term ‘emergency response providers’ has the meaning 

given that term in section 2 of the Homeland Security Act of 

2002 (6 U.S.C. 101). 

‘‘(c) TREATMENT OF REIMBURSEMENT.—Any reimbursements for 

a training that the Coast Guard receives under this section shall 

be credited to the appropriation used to pay the costs for such 

training. 

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

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

response provider, training is made available under this section, 

who is not otherwise a Federal employee, shall not, because 

of that training, be considered a Federal employee for any 

purpose (including the purposes of chapter 81 of title 5 (relating 

to compensation for injury) and sections 2671 through 2680 

of title 28 (relating to tort claims)). 

‘‘(2) LIMITATION ON LIABILITY.—The United States shall 

not be liable for actions taken by an individual in the course 

of training made available under this section.’’. 

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

14, United States Code, is amended by adding at the end the 

following: 

‘‘718. Training; emergency response providers.’’. 

SEC. 307. INCENTIVE CONTRACTS FOR COAST GUARD YARD AND 

INDUSTRIAL ESTABLISHMENTS. 

Section 939 of title 14, United States Code, is amended— 

(1) by inserting before ‘‘The Secretary may’’ the following: 

‘‘(a) IN GENERAL.—’’; 

(2) in subsection (a), as so designated by paragraph (1) 

of this section, by striking the period at the end of the last 

sentence and inserting ‘‘or in accordance with subsection (b).’’; 

and 

(3) by adding at the end the following: 

‘‘(b) INCENTIVE CONTRACTS.— 

‘‘(1) The parties to an order for industrial work to be 

performed by the Coast Guard Yard or a Coast Guard industrial 

establishment designated under subsection (a) may enter into 

an order or a cost-plus-incentive-fee order in accordance with 

this subsection. 
S. 140—57 

‘‘(2) If such parties enter into such an order or a costplus-incentive-fee order, an agreed-upon amount of any adjustment described in subsection (a) may be distributed as an 

incentive to the wage-grade industrial employees who complete 

the order. 

‘‘(3) Before entering into such an order or cost-plus-incentive-fee order such parties must agree that the wage-grade 

employees of the Coast Guard Yard or Coast Guard industrial 

establishment will take action to improve the delivery schedule 

or technical performance agreed to in the order for industrial 

work to which such parties initially agreed. 

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

industrial workforce of the Coast Guard Yard or Coast Guard 

industrial establishment satisfies the performance target established in such an order or cost-plus-incentive-fee order— 

‘‘(A) the adjustment to be made pursuant to subsection 

(a) shall be reduced by an agreed-upon amount and distributed to such wage-grade industrial employees; and 

‘‘(B) the remainder of the adjustment shall be credited 

to the appropriation for such order current at that time.’’. 

SEC. 308. CONFIDENTIAL INVESTIGATIVE EXPENSES. 

Section 944 of title 14, United States Code, is amended by 

striking ‘‘$45,000’’ and inserting ‘‘$250,000’’. 

SEC. 309. REGULAR CAPTAINS; RETIREMENT. 

Section 2149(a) of title 14, United States Code, is amended— 

(1) by striking ‘‘zone is’’ and inserting ‘‘zone, or from being 

placed at the top of the list of selectees promulgated by the 

Secretary under section 2121(a) of this title, is’’; and 

(2) by striking the period at the end and inserting ‘‘or 

placed at the top of the list of selectees, as applicable.’’. 

SEC. 310. CONVERSION, ALTERATION, AND REPAIR PROJECTS. 

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

as amended by this Act, is further amended by inserting after 

section 951 the following: 

‘‘§ 952. Construction of Coast Guard vessels and assignment 

of vessel projects 

‘‘The assignment of Coast Guard vessel conversion, alteration, 

and repair projects shall be based on economic and military considerations and may not be restricted by a requirement that certain 

parts of Coast Guard shipwork be assigned to a particular type 

of shipyard or geographical area or by a similar requirement.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 9 of title 

14, United States Code, is amended by inserting after the item 

relating to section 951 the following: 

‘‘952. Construction of Coast Guard vessels and assignment of vessel projects.’’. 

SEC. 311. CONTRACTING FOR MAJOR ACQUISITIONS PROGRAMS. 

(a) GENERAL ACQUISITION AUTHORITY.—Section 501(d) of title 

14, United States Code, is amended by inserting ‘‘aircraft, and 

systems,’’ after ‘‘vessels,’’. 

(b) CONTRACTING AUTHORITY.—Chapter 11 of title 14, United 

States Code, as amended by this Act, is further amended by 

inserting after section 1136 the following: 
S. 140—58 

‘‘§ 1137. Contracting for major acquisitions programs 

‘‘(a) IN GENERAL.—In carrying out authorities provided to the 

Secretary to design, construct, accept, or otherwise acquire assets 

and systems under section 501(d), the Secretary, acting through 

the Commandant or the head of an integrated program office established for a major acquisition program, may enter into contracts 

for a major acquisition program. 

‘‘(b) AUTHORIZED METHODS.—Contracts entered into under subsection (a)— 

‘‘(1) may be block buy contracts; 

‘‘(2) may be incrementally funded; 

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

‘‘(A) materials and components; and 

‘‘(B) long lead time materials; and 

‘‘(4) as provided in section 2306b of title 10, may be 

multiyear contracts. 

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

under subsection (a) shall provide that any obligation of the United 

States to make a payment under the contract is subject to the 

availability of amounts specifically provided in advance for that 

purpose in subsequent appropriations Acts.’’. 

(c) CLERICAL AMENDMENT.—The analysis for chapter 11 of title 

14, United States Code, as amended by this Act, is further amended 

by inserting after the item relating to section 1136 the following: 

‘‘1137. Contracting for major acquisitions programs.’’. 

(d) CONFORMING AMENDMENTS.—The following provisions are 

repealed: 

(1) Section 223 of the Howard Coble Coast Guard and 

Maritime Transportation Act of 2014 (14 U.S.C. 1152 note), 

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

in section 2 of such Act. 

(2) Section 221(a) of the Coast Guard and Maritime 

Transportation Act of 2012 (14 U.S.C. 1133 note). 

(3) Section 207(a) of the Coast Guard Authorization Act 

of 2016 (14 U.S.C. 561 note). 

(e) INTERNAL REGULATIONS AND POLICY.—Not later than 180 

days after the date of enactment of this Act, the Secretary of 

the department in which the Coast Guard is operating shall establish the internal regulations and policies necessary to exercise the 

authorities provided under this section, including the amendments 

made in this section. 

(f) MULTIYEAR CONTRACTS.—The Secretary of the department 

in which the Coast Guard is operating is authorized to enter into 

a multiyear contract for the procurement of a tenth, eleventh, 

and twelfth National Security Cutter and associated governmentfurnished equipment. 

SEC. 312. OFFICER PROMOTION ZONES. 

Section 2111(a) of title 14, United States Code, is amended 

by striking ‘‘six-tenths.’’ and inserting ‘‘one-half.’’. 

SEC. 313. CROSS REFERENCE. 

Section 2129(a) of title 14, United States Code, is amended 

by inserting ‘‘designated under section 2317’’ after ‘‘cadet’’. 
S. 140—59 

SEC. 314. COMMISSIONED SERVICE RETIREMENT. 

For Coast Guard officers who retire in fiscal year 2018 or 

2019, the President may reduce the period of active commissioned 

service required under section 2152 of title 14, United States Code, 

to a period of not less than 8 years. 

SEC. 315. LEAVE FOR BIRTH OR ADOPTION OF CHILD. 

(a) POLICY.—Section 2512 of title 14, United States Code, is 

amended— 

(1) by striking ‘‘Not later than 1 year’’ and inserting the 

following: 

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

later than 1 year’’; and 

(2) by adding at the end the following: 

‘‘(b) LEAVE ASSOCIATED WITH BIRTH OR ADOPTION OF CHILD.— Notwithstanding subsection (a), sections 701 and 704 of title 10, 

or any other provision of law, all officers and enlisted members 

of the Coast Guard shall be authorized leave associated with the 

birth or adoption of a child during the 1-year period immediately 

following such birth or adoption and, at the discretion of the Commanding Officer, such officer or enlisted member shall be permitted— 

‘‘(1) to take such leave in increments; and 

‘‘(2) to use flexible work schedules (pursuant to a program 

established by the Secretary in accordance with chapter 61 

of title 5).’’. 

(b) FLEXIBLE WORK SCHEDULES.—Not later than 180 days after 

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

in which the Coast Guard is operating shall ensure that a flexible 

work schedule program under chapter 61 of title 5, United States 

Code, is in place for officers and enlisted members of the Coast 

Guard. 

SEC. 316. CLOTHING AT TIME OF DISCHARGE. 

Section 2705 of title 14, United States Code, and the item 

relating to that section in the analysis for chapter 27 of that 

title, are repealed. 

SEC. 317. UNFUNDED PRIORITIES LIST. 

(a) IN GENERAL.—Section 5102 of title 14, United States Code, 

is amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) IN GENERAL.—Not later than 60 days after the date on 

which the President submits to Congress a budget pursuant to 

section 1105 of title 31, the Commandant shall submit to the 

Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a capital investment plan for the 

Coast Guard that identifies for each capital asset for which appropriations are proposed in that budget— 

‘‘(1) the proposed appropriations included in the budget; 

‘‘(2) the total estimated cost of completion based on the 

proposed appropriations included in the budget; 

‘‘(3) projected funding levels for each fiscal year for the 

next 5 fiscal years or until project completion, whichever is 

earlier; 

‘‘(4) an estimated completion date based on the proposed 

appropriations included in the budget; 
S. 140—60 

‘‘(5) an acquisition program baseline, as applicable; and 

‘‘(6) projected commissioning and decommissioning dates 

for each asset.’’; and 

(2) by striking subsection (c) and inserting the following: 

‘‘(c) DEFINITIONS.—In this section, the term ‘new capital asset’ 

means— 

‘‘(1) an acquisition program that does not have an approved 

acquisition program baseline; or 

‘‘(2) the acquisition of a capital asset in excess of the 

number included in the approved acquisition program baseline.’’. 

(b) UNFUNDED PRIORITIES.—Chapter 51 of title 14, United 

States Code, is amended by adding at the end the following: 

‘‘§ 5108. Unfunded priorities list 

‘‘(a) IN GENERAL.—Not later than 60 days after the date on 

which the President submits to Congress a budget pursuant to 

section 1105 of title 31, the Commandant shall submit to the 

Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a list of each unfunded priority for 

the Coast Guard. 

‘‘(b) PRIORITIZATION.—The list required under subsection (a) 

shall present the unfunded priorities in order from the highest 

priority to the lowest, as determined by the Commandant. 

‘‘(c) UNFUNDED PRIORITY DEFINED.—In this section, the term 

‘unfunded priority’ means a program or mission requirement that— 

‘‘(1) has not been selected for funding in the applicable 

proposed budget; 

‘‘(2) is necessary to fulfill a requirement associated with 

an operational need; and 

‘‘(3) the Commandant would have recommended for inclusion in the applicable proposed budget had additional resources 

been available or had the requirement emerged before the 

budget was submitted.’’. 

(c) CLERICAL AMENDMENT.—The analysis for chapter 51 of title 

14, United States Code, is amended by adding at the end the 

following: 

‘‘5108. Unfunded priorities list.’’. 

SEC. 318. SAFETY OF VESSELS OF THE ARMED FORCES. 

(a) IN GENERAL.—Section 527 of title 14, United States Code, 

is amended— 

(1) in the heading, by striking ‘‘naval vessels’’ and 

inserting ‘‘vessels of the Armed Forces’’; 

(2) in subsection (a), by striking ‘‘United States naval 

vessel’’ and inserting ‘‘vessel of the Armed Forces’’; 

(3) in subsection (b)— 

(A) by striking ‘‘senior naval officer present in command’’ and inserting ‘‘senior officer present in command’’; 

and 

(B) by striking ‘‘United States naval vessel’’ and 

inserting ‘‘vessel of the Armed Forces’’; and 

(4) by adding at the end the following: 

‘‘(e) For purposes of this title, the term ‘vessel of the Armed 

Forces’ means— 
S. 140—61 

‘‘(1) any vessel owned or operated by the Department of 

Defense or the Coast Guard, other than a time- or voyagechartered vessel; and 

‘‘(2) any vessel owned and operated by the Department 

of Transportation that is designated by the Secretary of the 

department in which the Coast Guard is operating as a vessel 

equivalent to a vessel described in paragraph (1).’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 5 of title 

14, United States Code, is further amended by striking the item 

relating to section 527 and inserting the following: 

‘‘527. Safety of vessels of the Armed Forces.’’. 

(c) CONFORMING AMENDMENTS.—Section 2510(a)(1) of title 14, 

United States Code, is amended— 

(1) by striking ‘‘armed forces’’ and inserting ‘‘Armed Forces’’; 

and 

(2) by striking ‘‘section 101(a) of title 10’’ and inserting 

‘‘section 527(e)’’. 

SEC. 319. AIR FACILITIES. 

Section 912 of title 14, United States Code, is amended— 

(1) by striking subsection (a); 

(2) by redesignating subsections (b) and (c) as subsections 

(a) and (b), respectively; 

(3) in subsection (a) as redesignated— 

(A) by amending paragraph (3) to read as follows: 

‘‘(3) PUBLIC NOTICE AND COMMENT.— ‘‘(A) IN GENERAL.—Prior to closing an air facility, the 

Secretary shall provide opportunities for public comment, 

including the convening of public meetings in communities 

in the area of responsibility of the air facility with regard 

to the proposed closure or cessation of operations at the 

air facility. 

‘‘(B) PUBLIC MEETINGS.—Prior to convening a public 

meeting under subparagraph (A), the Secretary shall notify 

each congressional office representing any portion of the 

area of responsibility of the air station that is the subject 

to such public meeting of the schedule and location of 

such public meeting.’’; 

(B) in paragraph (4)— 

(i) in the matter preceding subparagraph (A) by 

striking ‘‘2015’’ and inserting ‘‘2017’’; and 

(ii) by amending subparagraph (A) to read as follows: 

‘‘(A) submit to the Congress a proposal for such closure, 

cessation, or reduction in operations along with the budget 

of the President submitted to Congress under section 

1105(a) of title 31 that includes— 

‘‘(i) a discussion of the determination made by 

the Secretary pursuant to paragraph (2); and 

‘‘(ii) a report summarizing the public comments 

received by the Secretary under paragraph (3)’’; and 

(C) by adding at the end the following: 

‘‘(5) CONGRESSIONAL REVIEW.—The Secretary may not close, 

cease operations, or significantly reduce personnel and use 

of a Coast Guard air facility for which a written notice is 

provided under paragraph (4)(A) until a period of 18 months 
S. 140—62 

beginning on the date on which such notice is provided has 

elapsed.’’. 

TITLE IV—PORTS AND WATERWAYS 

SAFETY 

SEC. 401. CODIFICATION OF PORTS AND WATERWAYS SAFETY ACT. 

(a) CODIFICATION.—Subtitle VII of title 46, United States Code, 

is amended by inserting before chapter 701 the following: 

‘‘CHAPTER 700—PORTS AND WATERWAYS SAFETY 

‘‘SUBCHAPTER A—VESSEL OPERATIONS

‘‘70001. Vessel traffic services. 

‘‘70002. Special powers. 

‘‘70003. Port access routes. 

‘‘70004. Considerations by Secretary. 

‘‘70005. International agreements. 

‘‘SUBCHAPTER B—PORTS AND WATERWAYS SAFETY

‘‘70011. Waterfront safety. 

‘‘70012. Navigational hazards. 

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

waters of the United States. 

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

‘‘70021. Conditions for entry to ports in the united states. 

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

APPLICABILITY

‘‘70031. Definitions. 

‘‘70032. Saint Lawrence Seaway. 

‘‘70033. Limitation on application to foreign vessels. 

‘‘70034. Regulations. 

‘‘70035. Investigatory powers. 

‘‘70036. Enforcement. 

‘‘SUBCHAPTER I—VESSEL OPERATIONS 

‘‘§ 70001. Vessel traffic services 

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

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

United States, in the navigable waters of the United States, 

or in any area covered by an international agreement negotiated 

pursuant to section 70005, may construct, operate, maintain, 

improve, or expand vessel traffic services, that consist of measures for controlling or supervising vessel traffic or for protecting 

navigation and the marine environment and that may include 

one or more of reporting and operating requirements, surveillance and communications systems, routing systems, and fairways; 

‘‘(2) shall require appropriate vessels that operate in an 

area of a vessel traffic service to utilize or comply with that 

service; 

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

navigation equipment, communications equipment, electronic 

relative motion analyzer equipment, or any electronic or other 

device necessary to comply with a vessel traffic service or 

that is necessary in the interests of vessel safety. 
S. 140—63 

‘‘(B) Notwithstanding subparagraph (A), the Secretary shall 

not require fishing vessels under 300 gross tons as measured 

under section 14502, or an alternate tonnage measured under 

section 14302 as prescribed by the Secretary under section 

14104, or recreational vessels 65 feet or less to possess or 

use the equipment or devices required by this subsection solely 

under the authority of this chapter; 

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

to be hazardous, or under conditions of reduced visibility, 

adverse weather, vessel congestion, or other hazardous circumstances, by— 

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

‘‘(B) establishing vessel traffic routing schemes; 

‘‘(C) establishing vessel size, speed, or draft limitations 

and vessel operating conditions; and 

‘‘(D) restricting operation, in any hazardous area or 

under hazardous conditions, to vessels that have particular 

operating characteristics or capabilities that the Secretary 

considers necessary for safe operation under the circumstances; 

‘‘(5) may require the receipt of prearrival messages from 

any vessel, destined for a port or place subject to the jurisdiction 

of the United States, in sufficient time to permit advance vessel 

traffic planning before port entry, which shall include any 

information that is not already a matter of record and that 

the Secretary determines necessary for the control of the vessel 

and the safety of the port or the marine environment; and 

‘‘(6) may prohibit the use on vessels of electronic or other 

devices that interfere with communication and navigation 

equipment, except that such authority shall not apply to electronic or other devices certified to transmit in the maritime 

services by the Federal Communications Commission and used 

within the frequency bands 157.1875–157.4375 MHz and 

161.7875–162.0375 MHz. 

‘‘(b) COOPERATIVE AGREEMENTS.— 

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

agreements with public or private agencies, authorities, associations, institutions, corporations, organizations, or other persons 

to carry out the functions under subsection (a)(1). 

‘‘(2) LIMITATION.— 

‘‘(A) A nongovernmental entity may not under this 

subsection carry out an inherently governmental function. 

‘‘(B) As used in this paragraph, the term ‘inherently 

governmental function’ means any activity that is so 

intimately related to the public interest as to mandate 

performance by an officer or employee of the Federal 

Government, including an activity that requires either the 

exercise of discretion in applying the authority of the 

Government or the use of judgment in making a decision 

for the Government. 

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

SERVICE PILOTS AND NON-FEDERAL VESSEL TRAFFIC SERVICE OPERATORS.— 

‘‘(1) COAST GUARD VESSEL TRAFFIC SERVICE PILOTS.—Any 

pilot, acting in the course and scope of his or her duties while 
S. 140—64 

at a Coast Guard Vessel Traffic Service, who provides information, advice, or communication assistance while under the 

supervision of a Coast Guard officer, member, or employee 

shall not be liable for damages caused by or related to such 

assistance unless the acts or omissions of such pilot constitute 

gross negligence or willful misconduct. 

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

An entity operating a non-Federal vessel traffic information 

service or advisory service pursuant to a duly executed written 

agreement with the Coast Guard, and any pilot acting on 

behalf of such entity, is not liable for damages caused by 

or related to information, advice, or communication assistance 

provided by such entity or pilot while so operating or acting 

unless the acts or omissions of such entity or pilot constitute 

gross negligence or willful misconduct. 

‘‘§ 70002. Special powers 

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

to the jurisdiction of the United States or in the navigable waters 

of the United States, to operate or anchor in a manner the Secretary 

directs if— 

‘‘(1) the Secretary has reasonable cause to believe such 

vessel does not comply with any regulation issued under section 

70034 or any other applicable law or treaty; 

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

the conditions for port entry set forth in section 70021 of 

this title; or 

‘‘(3) by reason of weather, visibility, sea conditions, port 

congestion, other hazardous circumstances, or the condition 

of such vessel, the Secretary is satisfied such direction is justified in the interest of safety. 

‘‘§ 70003. Port access routes 

‘‘(a) AUTHORITY TO DESIGNATE.—Except as provided in subsection (b) and subject to the requirements of subsection (c), in 

order to provide safe access routes for the movement of vessel 

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

fairways and traffic separation schemes for vessels operating in 

the territorial sea of the United States and in high seas approaches, 

outside the territorial sea, to such ports or places. Such a designation shall recognize, within the designated area, the paramount 

right of navigation over all other uses. 

‘‘(b) LIMITATION.— 

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

Secretary under this section if— 

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

implemented, would deprive any person of the effective 

exercise of a right granted by a lease or permit executed 

or issued under other applicable provisions of law; and 

‘‘(B) such right has become vested before the time 

of publication of the notice required by paragraph (1) of 

subsection (c). 

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

the determination under paragraph (1)(A) after consultation 

with the head of the agency responsible for executing the lease 

or issuing the permit. 
S. 140—65 

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

of section 70004, the Secretary shall— 

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

the need for safe access routes for vessels in any area for 

which fairways or traffic separation schemes are proposed or 

that may otherwise be considered and publish notice of such 

undertaking in the Federal Register; 

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

of the Army, and the Governors of affected States, as their 

responsibilities may require, take into account all other uses 

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

exploration for, or exploitation of, oil, gas, or other mineral 

resources, the construction or operation of deepwater ports 

or other structures on or above the seabed or subsoil of the 

submerged lands or the Outer Continental Shelf of the United 

States, the establishment or operation of marine or estuarine 

sanctuaries, and activities involving recreational or commercial 

fishing; and 

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

access routes with the needs of all other reasonable uses of 

the area involved. 

‘‘(d) STUDY.—In carrying out the Secretary’s responsibilities 

under subsection (c), the Secretary shall— 

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

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

‘‘(A) issue a notice of proposed rulemaking for the 

designation contemplated; or 

‘‘(B) publish in the Federal Register a notice that no 

designation is contemplated as a result of the study and 

the reason for such determination. 

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

designation made under this section, the Secretary— 

‘‘(1) shall issue reasonable rules and regulations governing 

the use of such designated areas, including rules and regulations regarding the applicability of rules 9 and 10 of the International Regulations for Preventing Collisions at Sea, 1972, 

relating to narrow channels and traffic separation schemes, 

respectively, in waters where such regulations apply; 

‘‘(2) to the extent that the Secretary finds reasonable and 

necessary to effectuate the purposes of the designation, make 

the use of designated fairways and traffic separation schemes 

mandatory for specific types and sizes of vessels, foreign and 

domestic, operating in the territorial sea of the United States 

and for specific types and sizes of vessels of the United States 

operating on the high seas beyond the territorial sea of the 

United States; 

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

schemes in order to accommodate the needs of other uses that 

cannot be reasonably accommodated otherwise, except that such 

an adjustment may not, in the judgment of the Secretary, 

unacceptably adversely affect the purpose for which the existing 

designation was made and the need for which continues; and 

‘‘(4) shall, through appropriate channels— 
S. 140—66 

‘‘(A) notify cognizant international organizations of any 

designation, or adjustment thereof; and 

‘‘(B) take action to seek the cooperation of foreign 

States in making it mandatory for vessels under their 

control to use, to the same extent as required by the 

Secretary for vessels of the United States, any fairway 

or traffic separation scheme designated under this section 

in any area of the high seas. 

‘‘§ 70004. Considerations by Secretary 

‘‘In carrying out the duties of the Secretary under sections 

70001, 70002, and 70003, the Secretary shall— 

‘‘(1) take into account all relevant factors concerning 

navigation and vessel safety, protection of the marine environment, and the safety and security of United States ports and 

waterways, including— 

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

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

traffic volume, the sizes and types of vessels involved, 

potential interference with the flow of commercial traffic, 

the presence of any unusual cargoes, and other similar 

factors; 

‘‘(C) port and waterway configurations and variations 

in local conditions of geography, climate, and other similar 

factors; 

‘‘(D) the need for granting exemptions for the installation and use of equipment or devices for use with vessel 

traffic services for certain classes of small vessels, such 

as self-propelled fishing vessels and recreational vessels; 

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

drilling and production operations, or any other potential 

or actual conflicting activity; 

‘‘(F) environmental factors; 

‘‘(G) economic impact and effects; 

‘‘(H) existing vessel traffic services; and 

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

arrangements and agreements within the maritime community; and 

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

and consider the views of representatives of the maritime 

community, ports and harbor authorities or associations, 

environmental groups, and other persons who may be affected 

by the proposed actions. 

‘‘§ 70005. International agreements 

‘‘(a) TRANSMITTAL OF REGULATIONS.—The Secretary shall 

transmit, via the Secretary of State, to appropriate international 

bodies or forums, any regulations issued under this subchapter, 

for consideration as international standards. 

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

to— 

‘‘(1) enter into negotiations and conclude and execute agreements with neighboring nations, to establish compatible vessel 

standards and vessel traffic services, and to establish, operate, 

and maintain international vessel traffic services, in areas and 

under circumstances of mutual concern; and 
S. 140—67 

‘‘(2) enter into negotiations, through appropriate international bodies, and conclude and execute agreements to establish vessel traffic services in appropriate areas of the high 

seas. 

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

negotiated under subsection (b) that is binding upon the United 

States in accordance with constitutional requirements, may— 

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

service to utilize or to comply with the vessel traffic service, 

including the carrying or installation of equipment and devices 

as necessary for the use of the service; and 

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

United States law or regulation concerning the design, construction, operation, equipment, personnel qualifications, and manning standards for vessels operating in waters over which the 

United States exercises jurisdiction if such vessel is not en 

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

en route to or from a United States port or place are accorded 

equivalent waivers of laws and regulations of the neighboring 

nation, when operating in waters over which that nation exercises jurisdiction. 

‘‘(d) SHIP REPORTING SYSTEMS.—The Secretary, in cooperation 

with the International Maritime Organization, may implement and 

enforce two mandatory ship reporting systems, consistent with 

international law, with respect to vessels subject to such reporting 

systems entering the following areas of the Atlantic Ocean: 

‘‘(1) Cape Cod Bay, Massachusetts Bay, and Great South 

Channel (in the area generally bounded by a line starting 

from a point on Cape Ann, Massachusetts at 42 deg. 39′ N., 

70 deg. 37′ W; then northeast to 42 deg. 45′ N., 70 deg. 13′ 

W; then southeast to 42 deg. 10′ N., 68 deg. 31′ W, then 

south to 41 deg. 00′ N., 68 deg. 31′ W; then west to 41 deg. 

00′ N., 69 deg. 17′ W; then northeast to 42 deg. 05′ N., 70 

deg. 02′ W, then west to 42 deg. 04′ N., 70 deg. 10′ W; and 

then along the Massachusetts shoreline of Cape Cod Bay and 

Massachusetts Bay back to the point on Cape Ann at 42 deg. 

39′ N., 70 deg. 37′ W). 

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

within about 25 nm along a 90 nm stretch of the Atlantic 

seaboard (in an area generally extending from the shoreline 

east to longitude 80 deg. 51.6′ W with the southern and 

northern boundary at latitudes 30 deg. 00′ N., 31 deg. 27′ 

N., respectively). 

‘‘SUBCHAPTER II—PORTS AND WATERWAYS SAFETY 

‘‘§ 70011. Waterfront safety 

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

necessary to— 

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

or other structure on or in the navigable waters of the United 

States, or any land structure or shore area immediately adjacent to such waters; and 

‘‘(2) protect the navigable waters and the resources therein 

from harm resulting from vessel or structure damage, destruction, or loss. 
S. 140—68 

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

(a) include— 

‘‘(1) establishing procedures, measures, and standards for 

the handling, loading, unloading, storage, stowage, and movement on a structure (including the emergency removal, control, 

and disposition) of explosives or other dangerous articles and 

substances, including oil or hazardous material as those terms 

are defined in section 2101; 

‘‘(2) prescribing minimum safety equipment requirements 

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

‘‘(3) establishing water or waterfront safety zones, or other 

measures, for limited, controlled, or conditional access and 

activity when necessary for the protection of any vessel, structure, waters, or shore area; and 

‘‘(4) establishing procedures for examination to assure 

compliance with the requirements prescribed under this section. 

‘‘(c) STATE LAW.—Nothing in this section, with respect to structures, prohibits a State or political subdivision thereof from prescribing higher safety equipment requirements or safety standards 

than those that may be prescribed by regulations under this section. 

‘‘§ 70012. Navigational hazards 

‘‘(a) REPORTING PROCEDURE.—The Secretary shall establish a 

program to encourage fishermen and other vessel operators to report 

potential or existing navigational hazards involving pipelines to 

the Secretary through Coast Guard field offices. 

‘‘(b) SECRETARY’S RESPONSE.— 

‘‘(1) NOTIFICATION BY THE OPERATOR OF A PIPELINE.—Upon 

notification by the operator of a pipeline of a hazard to navigation with respect to that pipeline, the Secretary shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials Safety Administration, other affected Federal 

and State agencies, and vessel owners and operators in the 

pipeline’s vicinity. 

‘‘(2) NOTIFICATION BY OTHER PERSONS.—Upon notification 

by any other person of a hazard or potential hazard to navigation with respect to a pipeline, the Secretary shall promptly 

determine whether a hazard exists, and if so shall immediately 

notify Coast Guard headquarters, the Pipeline and Hazardous 

Materials Safety Administration, other affected Federal and 

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

vicinity, and the owner and operator of the pipeline. 

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

‘pipeline’ has the meaning given the term ‘pipeline facility’ in section 

60101(a)(18) of title 49. 

‘‘§ 70013. Requirement to notify Coast Guard of release of 

objects into the navigable waters of the United 

States 

‘‘(a) REQUIREMENT.—As soon as a person has knowledge of 

any release from a vessel or facility into the navigable waters 

of the United States of any object that creates an obstruction 

prohibited under section 10 of the Act of March 3, 1899, popularly 

known as the Rivers and Harbors Appropriations Act of 1899 (33 

U.S.C. 403), such person shall notify the Secretary and the Secretary of the Army of such release. 
S. 140—69 

‘‘(b) RESTRICTION ON USE OF NOTIFICATION.—Any notification 

provided by an individual in accordance with subsection (a) may 

not be used against such individual in any criminal case, except 

a prosecution for perjury or for giving a false statement. 

‘‘SUBCHAPTER III—CONDITION FOR ENTRY INTO PORTS IN 

THE UNITED STATES 

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

‘‘(a) IN GENERAL.—No vessel that is subject to chapter 37 shall 

operate in the navigable waters of the United States or transfer 

cargo or residue in any port or place under the jurisdiction of 

the United States, if such vessel— 

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

serious repair problems that, as determined by the Secretary, 

creates reason to believe that such vessel may be unsafe or 

may create a threat to the marine environment; 

‘‘(2) fails to comply with any applicable regulation issued 

under section 70034, chapter 37, or any other applicable law 

or treaty; 

‘‘(3) discharges oil or hazardous material in violation of 

any law of the United States or in a manner or quantities 

inconsistent with any treaty to which the United States is 

a party; 

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

service requirements; 

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

by a certificating State that the Secretary has determined, 

pursuant to section 9101 of title 46, does not have standards 

for licensing and certification of seafarers that are comparable 

to or more stringent than United States standards or international standards that are accepted by the United States; 

‘‘(6) is not manned in compliance with manning levels 

as determined by the Secretary to be necessary to insure the 

safe navigation of the vessel; or 

‘‘(7) while underway, does not have at least one licensed 

deck officer on the navigation bridge who is capable of clearly 

understanding English. 

‘‘(b) EXCEPTIONS.— 

‘‘(1) IN GENERAL.—The Secretary may allow provisional 

entry of a vessel that is not in compliance with subsection 

(a), if the owner or operator of such vessel proves, to the 

satisfaction of the Secretary, that such vessel is not unsafe 

or a threat to the marine environment, and if such entry 

is necessary for the safety of the vessel or persons aboard. 

‘‘(2) PROVISIONS NOT APPLICABLE.—Paragraphs (1), (2), (3), 

and (4) of subsection (a) of this section shall not apply to 

a vessel allowed provisional entry under paragraph (1) if the 

owner or operator of such vessel proves, to the satisfaction 

of the Secretary, that such vessel is no longer unsafe or a 

threat to the marine environment, and is no longer in violation 

of any applicable law, treaty, regulation, or condition, as appropriate. 
S. 140—70 

‘‘SUBCHAPTER IV—DEFINITIONS, REGULATIONS, 

ENFORCEMENT, INVESTIGATORY POWERS, APPLICABILITY 

‘‘§ 70031. Definitions 

‘‘As used in subchapters A through C and this subchapter, 

unless the context otherwise requires: 

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

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

the land and resources therein and thereunder; 

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

which the United States asserts exclusive fishery management authority; 

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

Shelf of the United States, the resources thereof, and the 

waters superjacent thereto; and 

‘‘(D) the recreational, economic, and scenic values of 

such waters and resources. 

‘‘(2) The term ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating, except that such 

term means the Secretary of Transportation with respect to 

the application of this chapter to the Saint Lawrence Seaway. 

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

includes all waters of the territorial sea of the United States 

as described in Presidential Proclamation No. 5928 of December 

27, 1988. 

‘‘§ 70032. Saint Lawrence Seaway 

‘‘The authority granted to the Secretary under sections 70001, 

70002, 70003, 70004, and 70011 may not be delegated with respect 

to the Saint Lawrence Seaway to any agency other than the Saint 

Lawrence Seaway Development Corporation. Any other authority 

granted the Secretary under subchapters A through C and this 

subchapter shall be delegated by the Secretary to the Saint Lawrence Seaway Development Corporation to the extent the Secretary 

determines such delegation is necessary for the proper operation 

of the Saint Lawrence Seaway. 

‘‘§ 70033. Limitation on application to foreign vessels 

‘‘Except pursuant to international treaty, convention, or agreement, to which the United States is a party, subchapters A through 

C and this subchapter shall not apply to any foreign vessel that 

is not destined for, or departing from, a port or place subject 

to the jurisdiction of the United States and that is in— 

‘‘(1) innocent passage through the territorial sea of the 

United States; or 

‘‘(2) transit through the navigable waters of the United 

States that form a part of an international strait. 

‘‘§ 70034. Regulations 

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

the Secretary shall issue, and may from time to time amend or 

repeal, regulations necessary to implement subchapters A through 

C and this subchapter. 

‘‘(b) CONSULTATION.—In the exercise of the regulatory authority 

under subchapters A through C and this subchapter, the Secretary 

shall consult with, and receive and consider the views of all 

interested persons, including— 
S. 140—71 

‘‘(1) interested Federal departments and agencies; 

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

‘‘(3) representatives of the maritime community; 

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

associations; 

‘‘(5) representatives of environmental groups; 

‘‘(6) any other interested persons who are knowledgeable 

or experienced in dealing with problems involving vessel safety, 

port and waterways safety, and protection of the marine 

environment; and 

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

is considered necessary because the issues involved are highly 

complex or controversial. 

‘‘§ 70035. Investigatory powers 

‘‘(a) SECRETARY.—The Secretary may investigate any incident, 

accident, or act involving the loss or destruction of, or damage 

to, any structure subject to subchapters A through C and this 

subchapter, or that affects or may affect the safety or environmental 

quality of the ports, harbors, or navigable waters of the United 

States. 

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

and the production of documents or other evidence relating to 

such incident, accident, or act. If any person refuses to obey a 

subpoena, the Secretary may request the Attorney General to invoke 

the aid of the appropriate district court of the United States to 

compel compliance with the subpoena. Any district court of the 

United States may, in the case of refusal to obey a subpoena, 

issue an order requiring compliance with the subpoena, and failure 

to obey the order may be punished by the court as contempt. 

Witnesses may be paid fees for travel and attendance at rates 

not exceeding those allowed in a district court of the United States. 

‘‘§ 70036. Enforcement 

‘‘(a) CIVIL PENALTY.— 

‘‘(1) IN GENERAL.—Any person who is found by the Secretary, after notice and an opportunity for a hearing, to have 

violated subchapters A through C or this subchapter or a regulation issued under subchapters A through C or this subchapter 

shall be liable to the United States for a civil penalty, not 

to exceed $25,000 for each violation. Each day of a continuing 

violation shall constitute a separate violation. The amount of 

such civil penalty shall be assessed by the Secretary, or the 

Secretary’s designee, by written notice. In determining the 

amount of such penalty, the Secretary shall take into account 

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

acts committed and, with respect to the violator, the degree 

of culpability, any history of prior offenses, ability to pay, 

and such other matters as justice may require. 

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

has been imposed under this section. 

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

an assessment of a civil penalty after it has become final, 
S. 140—72 

the Secretary may refer the matter to the Attorney General 

of the United States, for collection in any appropriate district 

court of the United States. 

‘‘(b) CRIMINAL PENALTY.— 

‘‘(1) CLASS D FELONY.—Any person who willfully and knowingly violates subchapters A through C or this subchapter or 

any regulation issued thereunder commits a class D felony. 

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

knowing violation of subchapters A through C or this subchapter or of any regulation issued thereunder, uses a dangerous weapon, or engages in conduct that causes bodily injury 

or fear of imminent bodily injury to any officer authorized 

to enforce the provisions of such a subchapter or the regulations 

issued under such subchapter, commits a class C felony. 

‘‘(c) IN REM LIABILITY.—Any vessel that is used in violation 

of subchapters A, B, or C or this subchapter, or any regulations 

issued under such subchapter, shall be liable in rem for any civil 

penalty assessed pursuant to subsection (a) and may be proceeded 

against in the United States district court for any district in which 

such vessel may be found. 

‘‘(d) INJUNCTION.—The United States district courts shall have 

jurisdiction to restrain violations of subchapter A, B, or C or this 

subchapter or of regulations issued under such subchapter, for 

cause shown. 

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

the Secretary may, subject to recognized principles of international 

law, deny entry by any vessel that is not in compliance with 

subchapter A, B, or C or this subchapter or the regulations issued 

under such subchapter— 

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

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

United States. 

‘‘(f) WITHHOLDING OF CLEARANCE.— 

‘‘(1) IN GENERAL.—If any owner, operator, or individual 

in charge of a vessel is liable for a penalty or fine under 

this section, or if reasonable cause exists to believe that the 

owner, operator, or individual in charge may be subject to 

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

Treasury, upon the request of the Secretary, shall with respect 

to such vessel refuse or revoke any clearance required by section 

60105 of title 46. 

‘‘(2) GRANTING CLEARANCE REFUSED OR REVOKED.—Clearance refused or revoked under this subsection may be granted 

upon filing of a bond or other surety satisfactory to the Secretary.’’. 

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

such subtitle is amended by inserting before the item relating 

to chapter 701 the following: 

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

SEC. 402. CONFORMING AMENDMENTS. 

(a) ELECTRONIC CHARTS.— 

(1) TRANSFER OF PROVISION.—Section 4A of the Ports and 

Waterways Safety Act (33 U.S.C. 1223a)— 

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

States Code, and transferred to appear after section 3104 

of that title; and 
S. 140—73 

(B) is amended by striking subsection (b) and inserting 

the following: 

‘‘(b) LIMITATION ON APPLICATION.—Except pursuant to an international treaty, convention, or agreement, to which the United 

States is a party, this section shall not apply to any foreign vessel 

that is not destined for, or departing from, a port or place subject 

to the jurisdiction of the United States and that is in— 

‘‘(1) innocent passage through the territorial sea of the 

United States; or 

‘‘(2) transit through the navigable waters of the United 

States that form a part of an international strait.’’. 

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

of chapter 31 of such title is amended by adding at the end 

the following: 

‘‘3105. Electronic charts.’’. 

(b) PORT, HARBOR, AND COASTAL FACILITY SECURITY.— 

(1) TRANSFER OF PROVISIONS.—So much of section 7 of 

the Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes subsection (c) of that section is redesignated as section 

70116 of title 46, United States Code, and transferred to section 

70116 of that title. 

(2) DEFINITIONS, ADMINISTRATION, AND ENFORCEMENT.— 

Section 70116 of title 46, United States Code, as amended 

by paragraph (1) of this subsection, is amended by adding 

at the end the following: 

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

section shall be treated as part of chapter 700 for purposes of 

sections 70031, 70032, 70034, 70035, and 70036.’’. 

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

of chapter 701 of such title is amended by striking the item 

relating to section 70116 and inserting the following: 

‘‘70116. Port, harbor, and coastal facility security.’’. 

(c) NONDISCLOSURE OF PORT SECURITY PLANS.—Subsection (c) 

of section 7 of the Ports and Waterways Safety Act (33 U.S.C. 

1226), as so designated before the application of subsection (b)(1) 

of this section— 

(1) is redesignated as subsection (f) of section 70103 of 

title 46, United States Code, and transferred so as to appear 

after subsection (e) of such section; and 

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

chapter’’. 

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

the item relating to that section in the analysis at the beginning 

of chapter 23 of that title, are repealed. 

(e) REPEAL.—The Ports and Waterways Safety Act (33 U.S.C. 

1221–1231, 1232–1232b), as amended by this Act, is repealed. 

SEC. 403. TRANSITIONAL AND SAVINGS PROVISIONS. 

(a) DEFINITIONS.—In this section: 

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

a provision of law that is replaced by a title 46 provision 

under this title. 

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

means a provision of title 46, United States Code, that is 

enacted by section 402. 
S. 140—74 

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

Act. If a law enacted after that date amends or repeals a source 

provision, that law is deemed to amend or repeal, as the case 

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

after that date is otherwise inconsistent with a title 46 provision 

or a provision of this title, that law supersedes the title 46 provision 

or provision of this title to the extent of the inconsistency. 

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

of determining whether one provision of law supersedes another 

based on enactment later in time, a title 46 provision is deemed 

to have been enacted on the date of enactment of the source provision that the title 46 provision replaces. 

(d) REFERENCES TO TITLE 46 PROVISIONS.—A reference to a 

title 46 provision, including a reference in a regulation, order, 

or other law, is deemed to refer to the corresponding source provision. 

(e) REFERENCES TO SOURCE PROVISIONS.—A reference to a 

source provision, including a reference in a regulation, order, or 

other law, is deemed to refer to the corresponding title 46 provision. 

(f) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE

ACTIONS.—A regulation, order, or other administrative action in 

effect under a source provision continues in effect under the corresponding title 46 provision. 

(g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action 

taken or an offense committed under a source provision is deemed 

to have been taken or committed under the corresponding title 

46 provision. 

SEC. 404. RULE OF CONSTRUCTION. 

This title, including the amendments made by this title, is 

intended only to transfer provisions of the Ports and Waterways 

Safety Act to title 46, United States Code, and may not be construed 

to alter— 

(1) the effect of a provision of the Ports and Waterways 

Safety Act, including any authority or requirement therein; 

(2) a department or agency interpretation with respect 

to the Ports and Waterways Safety Act; or 

(3) a judicial interpretation with respect to the Ports and 

Waterways Safety Act. 

SEC. 405. ADVISORY COMMITTEE: REPEAL. 

Section 18 of the Coast Guard Authorization Act of 1991 (Public 

Law 102–241; 105 Stat. 2213) is repealed. 

SEC. 406. REGATTAS AND MARINE PARADES. 

(a) IN GENERAL.—Chapter 700 of title 46, United States Code, 

as established by section 401 of this Act, is amended by adding 

at the end the following: 

‘‘SUBCHAPTER V—REGATTAS AND MARINE PARADES 

‘‘§ 70041. Regattas and marine parades 

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

issue regulations to promote the safety of life on navigable waters 

during regattas or marine parades. 

‘‘(b) DETAIL AND USE OF VESSELS.—To enforce regulations 

issued under this section— 
S. 140—75 

‘‘(1) the Commandant may detail any public vessel in the 

service of the Coast Guard and make use of any private vessel 

tendered gratuitously for that purpose; and 

‘‘(2) upon the request of the Commandant, the head of 

any other Federal department or agency may enforce the regulations by means of any public vessel of such department and 

any private vessel tendered gratuitously for that purpose. 

‘‘(c) TRANSFER OF AUTHORITY.—The authority of the Commandant under this section may be transferred by the President 

for any special occasion to the head of another Federal department 

or agency whenever in the President’s judgment such transfer is 

desirable. 

‘‘(d) PENALTIES.— ‘‘(1) IN GENERAL.—For any violation of regulations issued 

pursuant to this section the following penalties shall be 

incurred: 

‘‘(A) A licensed officer shall be liable to suspension 

or revocation of license in the manner prescribed by law 

for incompetency or misconduct. 

‘‘(B) Any person in charge of the navigation of a vessel 

other than a licensed officer shall be liable to a penalty 

of $5,000. 

‘‘(C) The owner of a vessel (including any corporate 

officer of a corporation owning the vessel) actually on board 

shall be liable to a penalty of $5,000, unless the violation 

of regulations occurred without the owner’s knowledge. 

‘‘(D) Any other person shall be liable to a penalty of $2,500. 

‘‘(2) MITIGATION OR REMISSION.—The Commandant may 

mitigate or remit any penalty provided for in this subsection 

in the manner prescribed by law for the mitigation or remission 

of penalties for violation of the navigation laws.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 700 of 

title 46, United States Code, as established by section 401 of this 

Act, is amended by adding at the end the following: 

‘‘SUBCHAPTER E—REGATTAS AND MARINE PARADES

‘‘70041. Regattas and marine parades.’’. 

(c) REPEAL.—The Act of April 28, 1908 (35 Stat. 69, chapter 

151; 33 U.S.C. 1233 et seq.), is repealed. 

SEC. 407. REGULATION OF VESSELS IN TERRITORIAL WATERS OF 

UNITED STATES. 

(a) ESTABLISHMENT OF SUBCHAPTER F.—Chapter 700 of title 

46, United States Code, as established by section 401 of this Act, 

is amended by adding at the end the following: 

‘‘SUBCHAPTER VI—REGULATION OF VESSELS IN 

TERRITORIAL WATERS OF UNITED STATES 

‘‘§ 70054. Definitions 

‘‘In this subchapter: 

‘‘(1) UNITED STATES.—The term ‘United States’ includes 

all territory and waters, continental or insular, subject to the 

jurisdiction of the United States. 

‘‘(2) TERRITORIAL WATERS.—The term ‘territorial waters of 

the United States’ includes all waters of the territorial sea 
S. 140—76 

of the United States as described in Presidential Proclamation 

5928 of December 27, 1988.’’. 

(b) REGULATION OF ANCHORAGE AND MOVEMENT OF VESSELS

DURING NATIONAL EMERGENCY.—Section 1 of title II of the Act 

of June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 191), is 

amended— 

(1) by striking the section designation and all that follows 

before ‘‘by proclamation’’ and inserting the following: 

‘‘§ 70051. Regulation of anchorage and movement of vessels 

during national emergency 

‘‘Whenever the President’’; 

(2) by striking ‘‘of the Treasury’’; 

(3) by striking ‘‘of the department in which the Coast 

Guard is operating’’; 

(4) by striking ‘‘this title’’ and inserting ‘‘this subchapter’’; 

and 

(5) by transferring the section so that the section appears 

before section 70054 of title 46, United States Code (as added 

by subsection (a) of this section). 

(c) SEIZURE AND FORFEITURE OF VESSEL; FINE AND IMPRISON- MENT.—Section 2 of title II of the Act of June 15, 1917 (40 Stat. 

220, chapter 30; 50 U.S.C. 192), is amended— 

(1) by striking the section designation and all that follows 

before ‘‘agent,’’ and inserting the following: 

‘‘§ 70052. Seizure and forfeiture of vessel; fine and imprisonment 

‘‘(a) IN GENERAL.—If any owner,’’; 

(2) by striking ‘‘this title’’ each place it appears and 

inserting ‘‘this subchapter’’; and 

(3) by transferring the section so that the section appears 

after section 70051 of title 46, United States Code (as transferred by subsection (b) of this section). 

(d) ENFORCEMENT PROVISIONS.—Section 4 of title II of the Act 

of June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 194), is 

amended— 

(1) by striking all before ‘‘may employ’’ and inserting the 

following: 

‘‘§ 70053. Enforcement provisions 

‘‘The President’’; 

(2) by striking ‘‘the purpose of this title’’ and inserting 

‘‘this subchapter’’; and 

(3) by transferring the section so that the section appears 

after section 70052 of title 46, United States Code (as transferred by subsection (c) of this section). 

(e) CLERICAL AMENDMENT.—The analysis for chapter 700 of 

title 46, United States Code, as established by section 401 of this 

Act, is amended by adding at the end the following: 

‘‘SUBCHAPTER F—REGULATION OF VESSELS IN TERRITORIAL WATERS OF UNITED STATES

‘‘70051. Regulation of anchorage and movement of vessels during national emergency. 

‘‘70052. Seizure and forfeiture of vessel; fine and imprisonment. 

‘‘70053. Enforcement provisions. 

‘‘70054. Definitions.’’. 
S. 140—77 

SEC. 408. PORT, HARBOR, AND COASTAL FACILITY SECURITY. 

(a) TRANSFER OF PROVISIONS.—So much of section 7 of the 

Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes 

subsection (c) of that section is redesignated as section 70102a 

of title 46, United States Code, and transferred so as to appear 

after section 70102 of that title. 

(b) DEFINITIONS, ADMINISTRATION, AND ENFORCEMENT.—Section 

70102a of title 46, United States Code, as amended by paragraph 

(1) of this subsection, is amended by adding at the end the following: 

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

section shall be treated as part of chapter 700 for purposes of 

sections 70031, 70032, 70034, 70035, and 70036.’’. 

(c) CLERICAL AMENDMENT.—The analysis at the beginning of 

chapter 701 of such title is amended by inserting after the item 

relating to section 70102 the following: 

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

(d) NONDISCLOSURE OF PORT SECURITY PLANS.—Subsection (c) 

of section 7 of the Ports and Waterways Safety Act (33 U.S.C. 

1226), as so designated before the application of subsection (b)(1) 

of this section— 

(1) is redesignated as subsection (f) of section 70103 of 

title 46, United States Code, and transferred so as to appear 

after subsection (e) of such section; and 

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

chapter’’. 

TITLE V—MARITIME TRANSPORTATION 

SAFETY 

SEC. 501. CONSISTENCY IN MARINE INSPECTIONS. 

(a) IN GENERAL.—Section 3305 of title 46, United States Code, 

is amended by adding at the end the following: 

‘‘(d)(1) The Commandant of the Coast Guard shall ensure that 

Officers in Charge, Marine Inspections consistently interpret regulations and standards under this subtitle and chapter 700 to avoid 

disruption and undue expense to industry. 

‘‘(2)(A) Subject to subparagraph (B), in the event of a disagreement regarding the condition of a vessel or the interpretation of 

a regulation or standard referred to in subsection (a) between 

a local Officer in Charge, Marine Inspection conducting an inspection of the vessel and the Officer in Charge, Marine Inspection 

that issued the most recent certificate of inspection for the vessel, 

such Officers shall seek to resolve such disagreement. 

‘‘(B) If a disagreement described in subparagraph (A) involves 

vessel design or plan review, the Coast Guard marine safety center 

shall be included in all efforts to resolve such disagreement. 

‘‘(C) If a disagreement described in subparagraph (A) or (B) 

cannot be resolved, the local Officer in Charge, Marine Inspection 

shall submit to the Commandant of the Coast Guard, through 

the cognizant Coast Guard district commander, a request for a 

final agency determination of the matter in disagreement. 

‘‘(3) The Commandant of the Coast Guard shall— 

‘‘(A) provide to each person affected by a decision or action 

by an Officer in Charge, Marine Inspection or by the Coast 
S. 140—78 

Guard marine safety center all information necessary for such 

person to exercise any right to appeal such decision or action; 

and 

‘‘(B) if such an appeal is filed, process such appeal under 

parts 1 through 4 of title 46, Code of Federal Regulations, 

as in effect on the date of enactment of the Coast Guard 

Authorization Act of 2017. 

‘‘(4) In this section, the term ‘Officer in Charge, Marine Inspection’ means any person from the civilian or military branch of 

the Coast Guard who— 

‘‘(A) is designated as such by the Commandant; and 

‘‘(B) under the superintendence and direction of the cognizant Coast Guard district commander, is in charge of an 

inspection zone for the performance of duties with respect to 

the inspections under, and enforcement and administration of, 

subtitle II, chapter 700, and regulations under such laws.’’. 

(b) REPORT ON MARINE INSPECTOR TRAINING.—Not later than 

1 year after the date of the enactment of this Act, the Commandant 

of the Coast Guard shall submit to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives 

a report on the training, experience, and qualifications required 

for assignment as a marine inspector under section 312 of title 

14, United States Code, including— 

(1) a description of any continuing education requirement, 

including a specific list of the required courses; 

(2) a description of the training, including a specific list 

of the included courses, offered to a journeyman or an advanced 

journeyman marine inspector to advance inspection expertise; 

(3) a description of any training that was offered in the 

15-year period before the date of the enactment of this Act, 

but is no longer required or offered, including a specific list 

of the included courses, including the senior marine inspector 

course and any plan review courses; 

(4) a justification for why a course described in paragraph 

(3) is no longer required or offered; and 

(5) a list of the course content the Commandant considers 

necessary to promote consistency among marine inspectors in 

an environment of increasingly complex vessels and vessel systems. 

SEC. 502. UNINSPECTED PASSENGER VESSELS IN ST. LOUIS COUNTY, 

MINNESOTA. 

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

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

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

‘‘(c) In applying this title with respect to an uninspected vessel 

of less than 25 feet overall in length that carries passengers on 

Crane Lake or waters contiguous to such lake in St. Louis County, 

Minnesota, the Secretary shall substitute ‘12 passengers’ for ‘6 

passengers’ each place it appears in section 2101(51).’’. 

SEC. 503. ENGINE CUT-OFF SWITCH REQUIREMENTS. 

(a) IN GENERAL.—Chapter 43 of title 46, United States Code, 

is amended by adding at the end the following: 
S. 140—79 

‘‘§ 4312. Engine cut-off switches 

‘‘(a) INSTALLATION REQUIREMENT.—A manufacturer, distributor, 

or dealer that installs propulsion machinery and associated starting 

controls on a covered recreational vessel shall equip such vessel 

with an engine cut-off switch and engine cut-off switch link that 

meet American Boat and Yacht Council Standard A–33, as in effect 

on the date of the enactment of the Coast Guard Authorization 

Act of 2017. 

‘‘(b) EDUCATION ON CUT-OFF SWITCHES.—The Commandant of 

the Coast Guard, through the National Boating Safety Advisory 

Committee established under section 15105, may initiate a boating 

safety program on the use and benefits of cut-off switches for 

recreational vessels. 

‘‘(c) AVAILABILITY OF STANDARD FOR INSPECTION.— ‘‘(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this section, the Commandant shall 

transmit American Boat and Yacht Council Standard A–33, 

as in effect on the date of enactment of the Coast Guard 

Authorization Act of 2017, to— 

‘‘(A) the Committee on Transportation and Infrastructure of the House of Representatives; 

‘‘(B) the Committee on Commerce, Science, and 

Transportation of the Senate; and 

‘‘(C) the Coast Guard Office of Design and Engineering 

Standards; and 

‘‘(D) the National Archives and Records Administration. 

‘‘(2) AVAILABILITY.—The standard submitted under paragraph (1) shall be kept on file and available for public inspection 

at such Coast Guard office and the National Archives and 

Records Administration. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) COVERED RECREATIONAL VESSEL.—The term ‘covered 

recreational vessel’ means a recreational vessel that is— 

‘‘(A) less than 26 feet overall in length; and 

‘‘(B) capable of developing 115 pounds or more of static 

thrust. 

‘‘(2) DEALER.—The term ‘dealer’ means any person who 

is engaged in the sale and distribution of recreational vessels 

or associated equipment to purchasers whom the seller in good 

faith believes to be purchasing any such vessel or associated 

equipment for purposes other than resale. 

‘‘(3) DISTRIBUTOR.—The term ‘distributor’ means any person 

engaged in the sale and distribution of recreational vessels 

and associated equipment for the purposes of resale. 

‘‘(4) MANUFACTURER.—The term ‘equipment manufacturer’ 

means any person engaged in the manufacture, construction, 

or assembly of recreational vessels or associated equipment, 

or the importation of recreational vessels into the United States 

for subsequent sale. 

‘‘(5) PROPULSION MACHINERY.—The term ‘propulsion 

machinery’ means a self-contained propulsion system, and 

includes, but is not limited to, inboard engines, outboard 

motors, and sterndrive engines. 

‘‘(6) STATIC THRUST.—The term ‘static thrust’ means the 

forward or backwards thrust developed by propulsion 

machinery while stationary.’’. 
S. 140—80 

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

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

‘‘4312. Engine cut-off switches.’’. 

(c) EFFECTIVE DATE.—Section 4312 of title 46, United States 

Code, as amended by this section, shall take effect one year after 

the date of the enactment of this Act. 

SEC. 504. EXCEPTION FROM SURVIVAL CRAFT REQUIREMENTS. 

Section 4502(b) of title 46, United States Code, is amended— 

(1) in paragraph (2)(B), by striking ‘‘a survival craft’’ and 

inserting ‘‘subject to paragraph (3), a survival craft’’; 

(2) by adding at the end the following: 

‘‘(3) Except for a nonapplicable vessel, an auxiliary craft 

shall satisfy the equipment requirement under paragraph (2)(B) 

if such craft is— 

‘‘(A) necessary for normal fishing operations; 

‘‘(B) readily accessible during an emergency; and 

‘‘(C) capable, in accordance with the Coast Guard 

capacity rating, when applicable, of safely holding all 

individuals on board the vessel to which the craft functions 

as an auxiliary.’’; and 

(3) by adding at the end the following: 

‘‘(k) For the purposes of this section, the term ‘auxiliary craft’ 

means a vessel that is carried onboard a fishing vessel and is 

normally used to support fishing operations.’’. 

SEC. 505. SAFETY STANDARDS. 

Section 4502(f) of title 46, United States Code, is amended 

by striking paragraphs (2) and (3) and inserting the following: 

‘‘(2) shall examine at dockside a vessel described in subsection (b) at least once every 5 years, but may require an 

exam at dockside every 2 years for certain vessels described 

in subsection (b) if requested by the owner or operator; and 

‘‘(3) shall issue a certificate of compliance to a vessel 

meeting the requirements of this chapter and satisfying the 

requirements in paragraph (2).’’. 

SEC. 506. FISHING SAFETY GRANTS. 

Section 4502 of title 46, United States Code, is amended— 

(1) in subsections (i) and (j), by striking ‘‘Secretary’’ each 

place it appears and inserting ‘‘Secretary of Health and Human 

Services’’; 

(2) in subsection (i)(2), as amended by paragraph (1), by 

inserting ‘‘, in consultation with and based on criteria established by the Commandant of the Coast Guard’’ after ‘‘Health 

and Human Services’’; 

(3) in subsection (i)(3), by striking ‘‘75’’ and inserting ‘‘50’’; 

(4) in subsection (i)(4), by striking ‘‘$3,000,000 for each 

of fiscal years 2015 through 2017’’ and inserting ‘‘$3,000,000 

for each of fiscal years 2018 through 2019’’; 

(5) in subsection (j)(2), as amended by paragraph (1), by 

inserting ‘‘, in consultation with and based on criteria established by the Commandant of the Coast Guard,’’ after ‘‘Health 

and Human Services’’; 

(6) in subsection (j)(3), by striking ‘‘75’’ and inserting ‘‘50’’; 

and 
S. 140—81 

(7) in subsection (j)(4), by striking ‘‘$3,000,000 for each fiscal years 2015 through 2017’’ and inserting ‘‘$3,000,000 for 

each of fiscal years 2018 through 2019’’. 

SEC. 507. FISHING, FISH TENDER, AND FISH PROCESSING VESSEL CERTIFICATION. 

(a) NONAPPLICATION.—Section 4503(c)(2)(A) of title 46, United 

States Code, is amended by striking ‘‘79’’ and inserting ‘‘180’’. 

(b) DETERMINING WHEN KEEL IS LAID.—Section 4503(f) of title 

46, United States Code, as redesignated by section 508 of this 

Act, is further amended to read as follows: 

‘‘(f)(1) For purposes of this section and section 4503a, the term 

‘built’ means, with respect to a vessel, that the vessel’s construction 

has reached any of the following stages: 

‘‘(A) The vessel’s keel is laid. 

‘‘(B) Construction identifiable with the vessel has begun 

and assembly of that vessel has commenced comprising of at 

least 50 metric tons or one percent of the estimated mass 

of all structural material, whichever is less. 

‘‘(2) In the case of a vessel greater than 79 feet overall in 

length, for purposes of paragraph (1)(A) a keel is deemed to be 

laid when a marine surveyor affirms that a structure adequate 

for serving as a keel for such vessel is in place and identified 

for use in the construction of such vessel.’’. 

SEC. 508. DEADLINE FOR COMPLIANCE WITH ALTERNATE SAFETY 

COMPLIANCE PROGRAM. 

(a) IN GENERAL.—Section 4503(d) of title 46, United States 

Code, is redesignated as section 4503a and transferred to appear 

after section 4503 of such title. 

(b) FISHING, FISH TENDER, AND FISH PROCESSING VESSEL CER- TIFICATION.—Section 4503 of title 46, United States Code, is 

amended— 

(1) by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively; 

(2) in subsection (b), by striking ‘‘subsection (d)’’ and 

inserting ‘‘section 4503a’’; 

(3) in subsection (c)(2)(B)(ii)(I), by striking ‘‘subsection (e)’’ 

and inserting ‘‘subsection (d)’’; 

(4) in subsection (c)(2)(B)(ii)(II), by striking ‘‘subsection (f)’’ 

and inserting ‘‘subsection (e)’’; 

(5) in subsection (e)(1), as amended by paragraph (1) of 

this subsection, by striking ‘‘subsection (e)’’ each place it 

appears and inserting ‘‘subsection (d)’’; and 

(6) in subsection (e)(2), as amended by paragraph (1) of 

this subsection, by striking ‘‘subsection (e)’’ each place it 

appears and inserting ‘‘subsection (d)’’; 

(c) ALTERNATE SAFETY COMPLIANCE PROGRAM.—Section 4503a 

of title 46, United States Code, as redesignated and transferred 

by subsection (a) of this section, is amended— 

(1) by redesignating paragraphs (1), (2), (3), (4), and (5) 

as subsections (a), (b), (c), (d), and (e), respectively; 

(2) by inserting before subsection (a), as so redesignated, 

the following: 

‘‘§ 4503a. Alternate safety compliance program’’; 

(3) in subsection (a), as redesignated by paragraph (1) 

of this subsection, by striking ‘‘After January 1, 2020,’’ and 
S. 140—82 

all that follows through ‘‘the Secretary, if’’ and inserting ‘‘Subject to subsection (c), beginning on the date that is 3 years 

after the date that the Secretary prescribes an alternate safety 

compliance program, a fishing vessel, fish processing vessel, 

or fish tender vessel to which section 4502(b) of this title 

applies shall comply with such an alternate safety compliance 

program, if’’; 

(4) in subsection (a), as so redesignated, by redesignating 

subparagraphs (A), (B), and (C) as paragraphs (1), (2), and 

(3), respectively; 

(5) in subsection (b), as so redesignated, by striking ‘‘establishes standards for an alternate safety compliance program, 

shall comply with such an alternative safety compliance program that is developed in cooperation with the commercial 

fishing industry and prescribed by the Secretary’’ and inserting 

‘‘prescribes an alternate safety compliance program under subsection (a), shall comply with such an alternate safety compliance program’’; 

(6) by amending subsection (c), as so redesignated, to read 

as follows: 

‘‘(c) For purposes of subsection (a), a separate alternate safety 

compliance program may be developed for a specific region or specific fishery.’’; 

(7) in subsection (d), as so redesignated— 

(A) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’; and 

(B) by striking ‘‘that paragraph’’ each place it appears 

and inserting ‘‘that subsection’’; 

(8) in subsection (e), as so redesignated, by— 

(A) inserting ‘‘is not eligible to participate in an alternative safety compliance program prescribed under subsection (a) and’’ after ‘‘July 1, 2012’’; and 

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

(9) by adding at the end the following: 

‘‘(f) For the purposes of this section, the term ‘built’ has the 

meaning given that term in section 4503(f).’’. 

(d) CLERICAL AMENDMENT.—The analysis at the beginning of 

chapter 45 of such title is amended by inserting after the item 

relating to section 4503 the following 

‘‘4503a. Alternate safety compliance program.’’. 

(e) CONFORMING AMENDMENT.—Section 3104 of title 46, United 

States Code, is amended by striking ‘‘section 4503(e)’’ and inserting 

‘‘section 4503(d)’’. 

(f) FINAL RULE.—Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the 

Coast Guard is operating shall issue a final rule implementing 

the requirements enumerated in section 4503(d) of title 46, as 

amended by subsection (b)(1) of this section. 

(g) ALTERNATE SAFETY COMPLIANCE PROGRAM STATUS

REPORT.— 

(1) IN GENERAL.—Not later than January 1, 2020, the Secretary of the department in which the Coast Guard is operating 

shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate a 
S. 140—83 

report on the status of the development of the alternate safety 

compliance program directed by section 4503a of title 46, United 

States Code, as redesignated by subsection (c). 

(2) CONTENTS.—The report required under paragraph (1) 

shall include discussion of— 

(A) steps taken in the rulemaking process to establish 

the alternate safety compliance program; 

(B) communication and collaboration between the 

Coast Guard, the department in which the Coast Guard 

is operating, and the commercial fishing vessel industry 

regarding the development of the alternate safety compliance program; 

(C) consideration given to developing alternate safety 

compliance programs for specific regions and fisheries, as 

authorized in section 4503a(c) of such title, as redesignated 

by subsection (c); 

(D) any identified legislative changes necessary to 

implement an effective alternate safety compliance program; and 

(E) the timeline and planned actions that will be taken 

to implement regulations necessary to fully establish an 

alternate safety compliance program before January 1, 

2020. 

SEC. 509. TERMINATION OF UNSAFE OPERATIONS; TECHNICAL 

CORRECTION. 

Section 4505(2) of title 46, United States Code, is amended— 

(1) by striking ‘‘4503(1)’’ and inserting ‘‘4503(a)(2)’’; and 

(2) by inserting before the period the following: ‘‘, except 

that this paragraph shall not apply with respect to a vessel 

to which section 4503a applies’’. 

SEC. 510. TECHNICAL CORRECTIONS: LICENSES, CERTIFICATES OF 

REGISTRY, AND MERCHANT MARINER DOCUMENTS. 

Title 46, United States Code, is amended— 

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

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

(3) in section 7507(b)(1), by striking ‘‘licenses or certificates 

of registry’’ and inserting ‘‘merchant mariner documents’’; and 

(4) in section 7507(b)(2) by striking ‘‘merchant mariner’s 

document.’’ and inserting ‘‘license or certificate of registry.’’. 

SEC. 511. CLARIFICATION OF LOGBOOK ENTRIES. 

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

is amended— 

(1) in subsection (a), by striking ‘‘an official logbook, which’’ 

and inserting ‘‘a logbook, which may be in any form, including 

electronic, and’’; and 

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

as follows: 

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

the nature of the illness or injury, and the medical treatment 

provided for the injury or illness.’’. 

(b) TECHNICAL AMENDMENT.—Section 11304(b) is amended by 

striking ‘‘log book’’ and inserting ‘‘logbook’’. 
S. 140—84 

SEC. 512. CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL 

VESSELS. 

Section 12105 of title 46, United States Code, is amended 

by adding at the end the following: 

‘‘(e) EFFECTIVE PERIOD.— 

‘‘(1) IN GENERAL.—Except as provided in paragraphs (2) 

and (3), a certificate of documentation issued under this part 

is valid for a 1-year period and may be renewed for additional 

1-year periods. 

‘‘(2) RECREATIONAL VESSELS.— 

‘‘(A) IN GENERAL.—A certificate of documentation for 

a recreational vessel and the renewal of such a certificate 

shall be effective for a 5-year period. 

‘‘(B) PHASE-IN PERIOD.—During the period beginning 

January 1, 2019, and ending December 31, 2021, the owner 

or operator of a recreational vessel may choose a period 

of effectiveness of between 1 and 5 years for such a certificate of documentation for such vessel or the renewal 

thereof. 

‘‘(C) FEES.— 

‘‘(i) REQUIREMENT.—The Secretary shall assess and 

collect a fee— 

‘‘(I) for the issuance of a certificate of documentation for a recreational vessel that is equivalent to the fee established for the issuance of a 

certificate of documentation under section 2110; 

and 

‘‘(II) for the renewal of a certificate of documentation for a recreational vessel that is equivalent to the number of years of effectiveness of 

the certificate of documentation multiplied by the 

fee established for the renewal of a certificate of 

documentation under section 2110. 

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

‘‘(I) shall be credited to the account from which 

the costs of such issuance or renewal were paid; 

and 

‘‘(II) may remain available until expended. 

‘‘(3) NOTICE OF CHANGE IN INFORMATION.— 

‘‘(A) REQUIREMENT.—The owner of a vessel shall notify 

the Coast Guard of each change in the information on 

which the issuance of the certificate of documentation for 

the vessel is based that occurs before the expiration of 

the certificate under this subsection, by not later than 

30 days after such change. 

‘‘(B) TERMINATION OF CERTIFICATE.—The certificate of 

documentation for a vessel shall terminate upon the expiration of such 30-day period if the owner has not notified 

the Coast Guard of such change before the end of such 

period. 

‘‘(4) STATE AND LOCAL AUTHORITY TO REMOVE ABANDONED

AND DERELICT VESSELS.—Nothing in this section shall be construed to limit the authority of a State or local authority 

from taking action to remove an abandoned or derelict vessel.’’. 
S. 140—85 

SEC. 513. NUMBERING FOR UNDOCUMENTED BARGES. 

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

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

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

SEC. 514. BACKUP NATIONAL TIMING SYSTEM. 

(a) SHORT TITLE.—This section may be cited as the ‘‘National 

Timing Resilience and Security Act of 2018’’. 

(b) IN GENERAL.—Chapter 30 of title 49, United States Code, 

is amended by adding at the end the following: 

‘‘§ 312. Alternative timing system 

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

the Secretary of Transportation shall provide for the establishment, 

sustainment, and operation of a land-based, resilient, and reliable 

alternative timing system— 

‘‘(1) to reduce critical dependencies and provide a complement to and backup for the timing component of the Global 

Positioning System (referred to in this section as ‘GPS’); and 

‘‘(2) to ensure the availability of uncorrupted and nondegraded timing signals for military and civilian users in the 

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

‘‘(b) ESTABLISHMENT OF REQUIREMENTS.— 

‘‘(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of the National Timing Resilience and Security 

Act of 2018, the Secretary of Transportation shall establish 

requirements for the procurement of the system required by 

subsection (a) as a complement to and backup for the timing 

component of GPS in accordance with the timing requirements 

study required by section 1618 of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 

130 Stat. 2595). 

‘‘(2) REQUIREMENTS.—The Secretary of Transportation shall 

ensure, to the maximum extent practicable, that the system 

established under subsection (a) will— 

‘‘(A) be wireless; 

‘‘(B) be terrestrial; 

‘‘(C) provide wide-area coverage; 

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

‘‘(E) be resilient and extremely difficult to disrupt or 

degrade; 

‘‘(F) be able to penetrate underground and inside 

buildings; 

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

‘‘(H) be developed, constructed, and operated incorporating applicable private sector expertise; 

‘‘(I) work in concert with and complement any other 

similar positioning, navigation, and timing systems, 

including enhanced long-range navigation systems and 

Nationwide Differential GPS systems; 

‘‘(J) be available for use by Federal and non-Federal 

government agencies for public purposes at no net cost 

to the Federal Government within 10 years of initiation 

of operation; 

‘‘(K) be capable of adaptation and expansion to provide 

position and navigation capabilities; 
S. 140—86 

‘‘(L) incorporate the recommendations from any GPS 

back-up demonstration program initiated and completed 

by the Secretary, in coordination with other Federal agencies, before the date specified in subsection (c)(1); and 

‘‘(M) incorporate such other elements as the Secretary 

considers appropriate. 

‘‘(c) IMPLEMENTATION PLAN.— 

‘‘(1) PLAN REQUIRED.—Not later than 180 days after the 

date of enactment of the National Timing Resilience and Security Act of 2018, the Secretary of Transportation shall submit 

to the Committee on Commerce, Science, and Transportation 

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report setting forth 

the following: 

‘‘(A) A plan to develop, construct, and operate the 

system required by subsection (a). 

‘‘(B) A description and assessment of the advantages 

of a system to provide a follow-on complementary and 

backup positioning and navigation capability to the timing 

component of GPS. 

‘‘(2) DEADLINE FOR COMMENCEMENT OF OPERATION.—The 

system required by subsection (a) shall be in operation by 

not later than 2 years after the date of enactment of the 

National Timing Resilience and Security Act of 2018. 

‘‘(3) MINIMUM DURATION OF OPERATIONAL CAPABILITY.—The 

system required by subsection (a) shall be designed to be fully 

operational for not less than 20 years. 

‘‘(d) LORAN FACILITIES.— 

‘‘(1) IN GENERAL.—If the Secretary of Transportation determines that any LORAN infrastructure, including the underlying 

real property and any spectrum associated with LORAN, in 

the possession of the Coast Guard is required by the Department of Transportation for the purpose of establishing the 

system required by subsection (a), the Commandant shall 

transfer such property, spectrum, and equipment to the Secretary. 

‘‘(2) CERCLA NOT AFFECTED.—This subsection shall not 

be construed to limit the application of or otherwise affect 

section 120(h) of the Comprehensive Environmental Response, 

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

with respect to the Federal Government facilities described 

in paragraph (1). 

‘‘(e) COOPERATIVE AGREEMENT.— 

‘‘(1) IN GENERAL.—The Secretary of Transportation may 

enter into a cooperative agreement (as that term is described 

in section 6305 of title 31) with an entity upon such terms 

and conditions as the Secretary of Transportation determines 

will fulfill the purpose and requirements of this section and 

be in the public interest. 

‘‘(2) REQUIREMENTS.—The cooperative agreement under 

paragraph (1) shall, at a minimum, require the Secretary of 

Transportation to— 

‘‘(A) authorize the entity to sell timing and other services to commercial and non-commercial third parties, subject to any national security requirements determined by 

the Secretary, in consultation with the Secretary of 

Defense; 
S. 140—87 

‘‘(B) require the entity to develop, construct, and 

operate at private expense the backup timing system in 

accordance with this section; 

‘‘(C) allow the entity to make any investments in technologies necessary over the life of such agreement to meet 

future requirements for advanced timing resilience and 

technologies; 

‘‘(D) require the entity to share 25 percent of the gross 

proceeds received by the entity from the sale of timing 

services to third parties with the Secretary for at least 

10 years after the date upon which the Secretary enters 

into the cooperative agreement; 

‘‘(E) require the entity— 

‘‘(i) to assume all financial risk for the completion 

and operational capability of the system, after the Secretary provides any LORAN facilities necessary for 

the system under subsection (d), if required for the 

alternative timing system; and 

‘‘(ii) to furnish performance and payment bonds 

in connection with the system in a reasonable amount 

as determined by the Secretary; and 

‘‘(F) require the entity to make any investments in 

technologies necessary over the life of the agreement to 

meet future requirements for advanced timing resiliency. 

‘‘(3) COMPETITION REQUIRED.—The Secretary shall use 

competitive procedures similar to those authorized under section 2667 of title 10 in selecting an entity to enter into a 

cooperative agreement pursuant to this subsection. 

‘‘(4) AUTHORIZATION TO PURCHASE SERVICES.—The Secretary may not purchase timing system services from the entity 

for use by the Department of Transportation or for provision 

to other Federal and non-Federal governmental agencies until 

the system achieves operational status, and then only if the 

necessary funds for such purchases are provided for in subsequent yearly appropriations acts made available to the Secretary for each and every year in which such purchases are 

made. 

‘‘(5) DETERMINATION REQUIREMENT.—The Secretary may 

not enter into a cooperative agreement under this subsection 

unless the Secretary determines that the cooperative agreement 

is in the best financial interest of the Federal Government. 

The Secretary shall notify the Committee on Committee on 

Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House 

of Representatives of such determination not later than 30 

days after the date of the determination. 

‘‘(6) DEFINITION.—In this subsection the term ‘entity’ means 

a non-Federal entity with the demonstrated technical expertise 

and requisite administrative and financial resources to meet 

any terms and conditions established by the Secretary for purposes of this subsection.’’. 

(c) TABLE OF CONTENTS.—The table of contents for chapter 

3 of title 49, United States Code, is amended by adding at the 

end the following: 

‘‘312. Alternative timing system.’’. 
S. 140—88 

SEC. 515. SCIENTIFIC PERSONNEL. 

Section 2101(41) of title 46, United States Code, is amended— 

(1) by inserting ‘‘(A) Subject to subparagraph (B),’’ before 

the text; and 

(2) by adding at the end the following: 

‘‘(B)(i) Such term includes an individual who is on board 

an oceanographic research vessel only to— 

‘‘(I) engage in scientific research; 

‘‘(II) instruct in oceanography or limnology; or 

‘‘(III) receive instruction in oceanography or limnology. 

‘‘(ii) For purposes of clause (i), the age of an individual 

may not be considered in determining whether the individual 

is described in such clause.’’. 

SEC. 516. TRANSPARENCY. 

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

publish any letter of determination issued by the Coast Guard 

National Vessel Documentation Center after the date of the enactment of this Act on the National Vessel Documentation Center 

website not later than 30 days after the date of issuance of such 

letter of determination. 

(b) AUDIT.— 

(1) IN GENERAL.—The Comptroller General of the United 

States shall conduct an audit, the results of which shall be 

made publicly available, of— 

(A) the method or process by which the Coast Guard 

National Vessel Documentation Center develops policy for 

and documents compliance with the requirements of section 

67.97 of title 46, Code of Federal Regulations, for the 

purpose of issuing endorsements under section 12112 and 

12113 of title 46, United States Code; 

(B) the coordination between the Coast Guard and 

U.S. Customs and Border Protection with respect to the 

enforcement of such requirements; and 

(C) the extent to which the Secretary of the department 

in which the Coast Guard is operating and the Secretary 

of Transportation, through the Maritime Administration, 

have published and disseminated information to promote 

compliance with applicable vessel construction requirements. 

(2) REPORT.—Not later than 90 days after the audit under 

paragraph (1) is complete, the Comptroller General of the 

United States shall submit to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee 

on Transportation and Infrastructure of the House of Representatives a report regarding the results of and recommendations made pursuant to such audit. 

(c) OUTLINE.—Not later than 180 days after the date of the 

submission of the Comptroller General of the United States report 

required under subsection (b), the Commandant of the Coast Guard 

shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and 

Infrastructure of the House of Representatives an outline of plans— 

(1) to enhance the transparency of the documentation 

process, and communications with the maritime industry 

regarding such process over the next 5 years; and 
S. 140—89 

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

under subsection (b)(2). 

TITLE VI—ADVISORY COMMITTEES 

SEC. 601. NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES. 

(a) IN GENERAL.—Subtitle II of title 46, United States Code, 

is amended by adding at the end the following: 

‘‘PART K—NATIONAL MARITIME 

TRANSPORTATION ADVISORY COMMITTEES 

‘‘CHAPTER 151—NATIONAL MARITIME 

TRANSPORTATION ADVISORY COMMITTEES 

‘‘Sec. 

‘‘15101. National Chemical Transportation Safety Advisory Committee. 

‘‘15102. National Commercial Fishing Safety Advisory Committee. 

‘‘15103. National Merchant Marine Personnel Advisory Committee. 

‘‘15104. National Merchant Mariner Medical Advisory Committee. 

‘‘15105. National Boating Safety Advisory Committee. 

‘‘15106. National Offshore Safety Advisory Committee. 

‘‘15107. National Navigation Safety Advisory Committee. 

‘‘15108. National Towing Safety Advisory Committee. 

‘‘15109. Administration. 

‘‘§ 15101. National Chemical Transportation Safety Advisory 

Committee 

‘‘(a) ESTABLISHMENT.—There is established a National Chemical 

Transportation Safety Advisory Committee (in this section referred 

to as the ‘Committee’). 

‘‘(b) FUNCTION.—The Committee shall advise the Secretary on 

matters relating to the safe and secure marine transportation of 

hazardous materials. 

‘‘(c) MEMBERSHIP.— 

‘‘(1) IN GENERAL.—The Committee shall consist of not more 

than 25 members appointed by the Secretary in accordance 

with this section and section 15109 of this chapter. 

‘‘(2) EXPERTISE.—Each member of the Committee shall have 

particular expertise, knowledge, and experience in matters 

relating to the function of the Committee. 

‘‘(3) REPRESENTATION.—Each member of the Committee 

shall represent 1 of the following: 

‘‘(A) Chemical manufacturing entities. 

‘‘(B) Entities related to marine handling or transportation of chemicals. 

‘‘(C) Vessel design and construction entities. 

‘‘(D) Marine safety or security entities. 

‘‘(E) Marine environmental protection entities. 

‘‘(4) DISTRIBUTION.—The Secretary shall, based on the 

needs of the Coast Guard, determine the number of members 

of the Committee who represent each entity specified in paragraph (3). Neither this paragraph nor any other provision of 

law shall be construed to require an equal distribution of members representing each entity specified in paragraph (3). 
S. 140—90 

‘‘§ 15102. National Commercial Fishing Safety Advisory Committee 

‘‘(a) ESTABLISHMENT.—There is established a National Commercial Fishing Safety Advisory Committee (in this section referred 

to as the ‘Committee’). 

‘‘(b) FUNCTION.—The Committee shall— 

‘‘(1) advise the Secretary on matters relating to the safe 

operation of vessels to which chapter 45 of this title applies, 

including the matters of— 

‘‘(A) navigation safety; 

‘‘(B) safety equipment and procedures; 

‘‘(C) marine insurance; 

‘‘(D) vessel design, construction, maintenance, and 

operation; and 

‘‘(E) personnel qualifications and training; and 

‘‘(2) review regulations proposed under chapter 45 of this 

title (during preparation of the regulations). 

‘‘(c) MEMBERSHIP.— 

‘‘(1) IN GENERAL.—The Committee shall consist of 18 members appointed by the Secretary in accordance with this section 

and section 15109 of this chapter. 

‘‘(2) EXPERTISE.—Each member of the Committee shall have 

particular expertise, knowledge, and experience in matters 

relating to the function of the Committee. 

‘‘(3) REPRESENTATION.—Members of the Committee shall 

be appointed as follows: 

‘‘(A) 10 members shall represent the commercial fishing 

industry and— 

‘‘(i) as a group, shall together reflect a regional 

and representational balance; and 

‘‘(ii) as individuals, shall each have experience— 

‘‘(I) in the operation of vessels to which chapter 

45 of this title applies; or 

‘‘(II) as a crew member or processing line 

worker on a fish processing vessel. 

‘‘(B) 1 member shall represent naval architects and 

marine engineers. 

‘‘(C) 1 member shall represent manufacturers of equipment for vessels to which chapter 45 of this title applies. 

‘‘(D) 1 member shall represent education and training 

professionals related to fishing vessel, fish processing 

vessel, and fish tender vessel safety and personnel qualifications. 

‘‘(E) 1 member shall represent underwriters that insure 

vessels to which chapter 45 of this title applies. 

‘‘(F) 1 member shall represent owners of vessels to 

which chapter 45 of this title applies. 

‘‘(G) 3 members shall represent the general public and, 

to the extent possible, shall include— 

‘‘(i) an independent expert or consultant in maritime safety; 

‘‘(ii) a marine surveyor who provides services to 

vessels to which chapter 45 of this title applies; and 

‘‘(iii) a person familiar with issues affecting fishing 

communities and the families of fishermen. 
S. 140—91 

‘‘§ 15103. National Merchant Marine Personnel Advisory 

Committee 

‘‘(a) ESTABLISHMENT.—There is established a National Merchant Marine Personnel Advisory Committee (in this section 

referred to as the ‘Committee’). 

‘‘(b) FUNCTION.—The Committee shall advise the Secretary on 

matters relating to personnel in the United States merchant marine, 

including the training, qualifications, certification, documentation, 

and fitness of mariners. 

‘‘(c) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Committee shall consist of 19 members appointed by the Secretary in accordance with this section 

and section 15109 of this chapter. 

‘‘(2) EXPERTISE.—Each member of the Committee shall have 

particular expertise, knowledge, and experience in matters 

relating to the function of the Committee. 

‘‘(3) REPRESENTATION.—Members of the Committee shall 

be appointed as follows: 

‘‘(A) 9 members shall represent mariners and, of the 

9— 

‘‘(i) each shall— 

‘‘(I) be a citizen of the United States; and 

‘‘(II) hold an active license or certificate issued 

under chapter 71 of this title or a merchant mariner document issued under chapter 73 of this 

title; 

‘‘(ii) 3 shall be deck officers who represent merchant marine deck officers and, of the 3— 

‘‘(I) 2 shall be licensed for oceans any gross 

tons; 

‘‘(II) 1 shall be licensed for inland river route 

with a limited or unlimited tonnage; 

‘‘(III) 2 shall have a master’s license or a 

master of towing vessels license; 

‘‘(IV) 1 shall have significant tanker experience; and 

‘‘(V) to the extent practicable— 

‘‘(aa) 1 shall represent labor; and 

‘‘(bb) 1 shall represent management; 

‘‘(iii) 3 shall be engineering officers who represent 

merchant marine engineering officers and, of the 3— 

‘‘(I) 2 shall be licensed as chief engineer any 

horsepower; 

‘‘(II) 1 shall be licensed as either a limited 

chief engineer or a designated duty engineer; and 

‘‘(III) to the extent practicable— 

‘‘(aa) 1 shall represent labor; and 

‘‘(bb) 1 shall represent management; 

‘‘(iv) 2 shall be unlicensed seamen who represent 

merchant marine unlicensed seaman and, of the 2— 

‘‘(I) 1 shall represent able-bodied seamen; and 

‘‘(II) 1 shall represent qualified members of 

the engine department; and 

‘‘(v) 1 shall be a pilot who represents merchant 

marine pilots. 

‘‘(B) 6 members shall represent marine educators and, 

of the 6— 
S. 140—92 

‘‘(i) 3 shall be marine educators who represent 

maritime academies and, of the 3— 

‘‘(I) 2 shall represent State maritime academies (and are jointly recommended by such academies); and 

‘‘(II) 1 shall represent either State maritime 

academies or the United States Merchant Marine 

Academy; and 

‘‘(ii) 3 shall be marine educators who represent 

other maritime training institutions and, of the 3, 1 

shall represent the small vessel industry. 

‘‘(C) 2 members shall represent shipping companies 

employed in ship operation management. 

‘‘(D) 2 members shall represent the general public. 

‘‘§ 15104. National Merchant Mariner Medical Advisory Committee 

‘‘(a) ESTABLISHMENT.—There is established a National Merchant Mariner Medical Advisory Committee (in this section referred 

to as the ‘Committee’). 

‘‘(b) FUNCTION.—The Committee shall advise the Secretary on 

matters relating to— 

‘‘(1) medical certification determinations for the issuance 

of licenses, certification of registry, and merchant mariners’ 

documents with respect to merchant mariners; 

‘‘(2) medical standards and guidelines for the physical qualifications of operators of commercial vessels; 

‘‘(3) medical examiner education; and 

‘‘(4) medical research. 

‘‘(c) MEMBERSHIP.— 

‘‘(1) IN GENERAL.—The Committee shall consist of 14 members appointed by the Secretary in accordance with this section 

and section 15109 of this chapter. 

‘‘(2) EXPERTISE.—Each member of the Committee shall have 

particular expertise, knowledge, and experience in matters 

relating to the function of the Committee. 

‘‘(3) REPRESENTATION.—Members of the Committee shall 

be appointed as follows: 

‘‘(A) 9 shall represent health-care professionals and 

have particular expertise, knowledge, and experience 

regarding the medical examinations of merchant mariners 

or occupational medicine. 

‘‘(B) 5 shall represent professional mariners and have 

particular expertise, knowledge, and experience in occupational requirements for mariners. 

‘‘§ 15105. National Boating Safety Advisory Committee 

‘‘(a) ESTABLISHMENT.—There is established a National Boating 

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

‘‘(b) FUNCTION.—The Committee shall advise the Secretary on 

matters relating to national boating safety. 

‘‘(c) MEMBERSHIP.— 

‘‘(1) IN GENERAL.—The Committee shall consist of 21 members appointed by the Secretary in accordance with this section 

and section 15109 of this chapter. 
S. 140—93 

‘‘(2) EXPERTISE.—Each member of the Committee shall have 

particular expertise, knowledge, and experience in matters 

relating to the function of the Committee. 

‘‘(3) REPRESENTATION.—Members of the Committee shall 

be appointed as follows: 

‘‘(A) 7 members shall represent State officials responsible for State boating safety programs. 

‘‘(B) 7 members shall represent recreational vessel and 

associated equipment manufacturers. 

‘‘(C) 7 members shall represent the general public or 

national recreational boating organizations and, of the 7, 

at least 5 shall represent national recreational boating 

organizations. 

‘‘§ 15106. National Offshore Safety Advisory Committee 

‘‘(a) ESTABLISHMENT.—There is established a National Offshore 

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

‘‘(b) FUNCTION.—The Committee shall advise the Secretary on 

matters relating to activities directly involved with, or in support 

of, the exploration of offshore mineral and energy resources, to 

the extent that such matters are within the jurisdiction of the 

Coast Guard. 

‘‘(c) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Committee shall consist of 15 members appointed by the Secretary in accordance with this section 

and section 15109 of this chapter. 

‘‘(2) EXPERTISE.—Each member of the Committee shall have 

particular expertise, knowledge, and experience in matters 

relating to the function of the Committee. 

‘‘(3) REPRESENTATION.—Members of the Committee shall 

be appointed as follows: 

‘‘(A) 2 members shall represent entities engaged in 

the production of petroleum. 

‘‘(B) 2 members shall represent entities engaged in 

offshore drilling. 

‘‘(C) 2 members shall represent entities engaged in 

the support, by offshore supply vessels or other vessels, 

of offshore mineral and oil operations, including geophysical 

services. 

‘‘(D) 1 member shall represent entities engaged in the 

construction of offshore exploration and recovery facilities. 

‘‘(E) 1 member shall represent entities engaged in 

diving services related to offshore construction, inspection, 

and maintenance. 

‘‘(F) 1 member shall represent entities engaged in 

safety and training services related to offshore exploration 

and construction. 

‘‘(G) 1 member shall represent entities engaged in pipelaying services related to offshore construction. 

‘‘(H) 2 members shall represent individuals employed 

in offshore operations and, of the 2, 1 shall have recent 

practical experience on a vessel or offshore unit involved 

in the offshore mineral and energy industry. 

‘‘(I) 1 member shall represent national environmental 

entities. 

‘‘(J) 1 member shall represent deepwater ports. 
S. 140—94 

‘‘(K) 1 member shall represent the general public (but 

not a specific environmental group). 

‘‘§ 15107. National Navigation Safety Advisory Committee 

‘‘(a) ESTABLISHMENT.—There is established a National Navigation Safety Advisory Committee (in this section referred to as the 

‘Committee’). 

‘‘(b) FUNCTION.—The Committee shall advise the Secretary on 

matters relating to maritime collisions, rammings, and groundings, 

Inland Rules of the Road, International Rules of the Road, navigation regulations and equipment, routing measures, marine information, and aids to navigation systems. 

‘‘(c) MEMBERSHIP.— 

‘‘(1) IN GENERAL.—The Committee shall consist of not more 

than 21 members appointed by the Secretary in accordance 

with this section and section 15109 of this chapter. 

‘‘(2) EXPERTISE.—Each member of the Committee shall have 

particular expertise, knowledge, and experience in matters 

relating to the function of the Committee. 

‘‘(3) REPRESENTATION.—Each member of the Committee 

shall represent 1 of the following: 

‘‘(A) Commercial vessel owners or operators. 

‘‘(B) Professional mariners. 

‘‘(C) Recreational boaters. 

‘‘(D) The recreational boating industry. 

‘‘(E) State agencies responsible for vessel or port safety. 

‘‘(F) The Maritime Law Association. 

‘‘(4) DISTRIBUTION.—The Secretary shall, based on the 

needs of the Coast Guard, determine the number of members 

of the Committee who represent each entity specified in paragraph (3). Neither this paragraph nor any other provision of 

law shall be construed to require an equal distribution of members representing each entity specified in paragraph (3). 

‘‘§ 15108. National Towing Safety Advisory Committee 

‘‘(a) ESTABLISHMENT.—There is established a National Towing 

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

‘‘(b) FUNCTION.—The Committee shall advise the Secretary on 

matters relating to shallow-draft inland navigation, coastal waterway navigation, and towing safety. 

‘‘(c) MEMBERSHIP.— 

‘‘(1) IN GENERAL.—The Committee shall consist of 18 members appointed by the Secretary in accordance with this section 

and section 15109 of this chapter. 

‘‘(2) EXPERTISE.—Each member of the Committee shall have 

particular expertise, knowledge, and experience in matters 

relating to the function of the Committee. 

‘‘(3) REPRESENTATION.—Members of the Committee shall 

be appointed as follows: 

‘‘(A) 7 members shall represent the barge and towing 

industry, reflecting a regional geographic balance. 

‘‘(B) 1 member shall represent the offshore mineral 

and oil supply vessel industry. 

‘‘(C) 1 member shall represent masters and pilots of 

towing vessels who hold active licenses and have experience 

on the Western Rivers and the Gulf Intracoastal Waterway. 
S. 140—95 

‘‘(D) 1 member shall represent masters of towing vessels in offshore service who hold active licenses. 

‘‘(E) 1 member shall represent masters of active shipdocking or harbor towing vessels. 

‘‘(F) 1 member shall represent licensed and unlicensed 

towing vessel engineers with formal training and experience. 

‘‘(G) 2 members shall represent port districts, authorities, or terminal operators. 

‘‘(H) 2 members shall represent shippers and, of the 

2, 1 shall be engaged in the shipment of oil or hazardous 

materials by barge. 

‘‘(I) 2 members shall represent the general public. 

‘‘§ 15109. Administration 

‘‘(a) MEETINGS.—Each committee established under this chapter 

shall, at least once each year, meet at the call of the Secretary 

or a majority of the members of the committee. 

‘‘(b) EMPLOYEE STATUS.—A member of a committee established 

under this chapter shall not be considered an employee of the 

Federal Government by reason of service on such committee, except 

for the purposes of the following: 

‘‘(1) Chapter 81 of title 5. 

‘‘(2) Chapter 171 of title 28 and any other Federal law 

relating to tort liability. 

‘‘(c) COMPENSATION.—Notwithstanding subsection (b), a member 

of a committee established under this chapter, when actually 

engaged in the performance of the duties of such committee, may— 

‘‘(1) receive compensation at a rate established by the Secretary, not to exceed the maximum daily rate payable under 

section 5376 of title 5; or 

‘‘(2) if not compensated in accordance with paragraph (1)— 

‘‘(A) be reimbursed for actual and reasonable expenses 

incurred in the performance of such duties; or 

‘‘(B) be allowed travel expenses, including per diem 

in lieu of subsistence, as authorized by section 5703 of 

title 5. 

‘‘(d) ACCEPTANCE OF VOLUNTEER SERVICES.—A member of a 

committee established under this chapter may serve on such committee on a voluntary basis without pay without regard to section 

1342 of title 31 or any other law. 

‘‘(e) STATUS OF MEMBERS.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

with respect to a member of a committee established under 

this chapter whom the Secretary appoints to represent an entity 

or group— 

‘‘(A) the member is authorized to represent the 

interests of the applicable entity or group; and 

‘‘(B) requirements under Federal law that would interfere with such representation and that apply to a special 

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

18), including requirements relating to employee conduct, 

political activities, ethics, conflicts of interest, and corruption, do not apply to the member. 

‘‘(2) EXCEPTION.—Notwithstanding subsection (b), a 

member of a committee established under this chapter shall 
S. 140—96 

be treated as a special Government employee for purposes 

of the committee service of the member if— 

‘‘(A) the Secretary appointed the member to represent 

the general public; or 

‘‘(B) the member, without regard to service on the 

committee, is a special Government employee. 

‘‘(f) SERVICE ON COMMITTEE.— 

‘‘(1) SOLICITATION OF NOMINATIONS.—Before appointing an 

individual as a member of a committee established under this 

chapter, the Secretary shall publish, in the Federal Register, 

a timely notice soliciting nominations for membership on such 

committee. 

‘‘(2) APPOINTMENTS.— 

‘‘(A) IN GENERAL.—After considering nominations 

received pursuant to a notice published under paragraph 

(1), the Secretary may, as necessary, appoint a member 

to the applicable committee established under this chapter. 

‘‘(B) PROHIBITION.—The Secretary shall not seek, consider, or otherwise use information concerning the political 

affiliation of a nominee in making an appointment to any 

committee established under this chapter. 

‘‘(3) SERVICE AT PLEASURE OF THE SECRETARY.— 

‘‘(A) IN GENERAL.—Each member of a committee established under this chapter shall serve at the pleasure of 

the Secretary. 

‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), 

a member of the committee established under section 15102 

may only be removed prior to the end of the term of 

that member for just cause. 

‘‘(4) SECURITY BACKGROUND EXAMINATIONS.—The Secretary 

may require an individual to have passed an appropriate security background examination before appointment to a committee established under this chapter. 

‘‘(5) PROHIBITION.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), a Federal employee may not be appointed as a member 

of a committee established under this chapter. 

‘‘(B) SPECIAL RULE FOR NATIONAL MERCHANT MARINE

PERSONNEL ADVISORY COMMITTEE.—The Secretary may 

appoint a Federal employee to serve as a member of the 

National Merchant Marine Personnel Advisory Committee 

to represent the interests of the United States Merchant 

Marine Academy and, notwithstanding paragraphs (1) and 

(2), may do so without soliciting, receiving, or considering 

nominations for such appointment. 

‘‘(6) TERMS.— 

‘‘(A) IN GENERAL.—The term of each member of a committee established under this chapter shall expire on 

December 31 of the third full year after the effective date 

of the appointment. 

‘‘(B) CONTINUED SERVICE AFTER TERM.—When the term 

of a member of a committee established under this chapter 

ends, the member, for a period not to exceed 1 year, may 

continue to serve as a member until a successor is 

appointed. 
S. 140—97 

‘‘(7) VACANCIES.—A vacancy on a committee established 

under this chapter shall be filled in the same manner as the 

original appointment. 

‘‘(8) SPECIAL RULE FOR REAPPOINTMENTS.—Notwithstanding 

paragraphs (1) and (2), the Secretary may reappoint a member 

of a committee established under this chapter for any term, 

other than the first term of the member, without soliciting, 

receiving, or considering nominations for such appointment. 

‘‘(g) STAFF SERVICES.—The Secretary shall furnish to each committee established under this chapter any staff and services considered by the Secretary to be necessary for the conduct of the committee’s functions. 

‘‘(h) CHAIRMAN; VICE CHAIRMAN.— 

‘‘(1) IN GENERAL.—Each committee established under this 

chapter shall elect a Chairman and Vice Chairman from among 

the committee’s members. 

‘‘(2) VICE CHAIRMAN ACTING AS CHAIRMAN.—The Vice Chairman shall act as Chairman in the absence or incapacity of, 

or in the event of a vacancy in the office of, the Chairman. 

‘‘(i) SUBCOMMITTEES AND WORKING GROUPS.— 

‘‘(1) IN GENERAL.—The Chairman of a committee established under this chapter may establish and disestablish subcommittees and working groups for any purpose consistent 

with the function of the committee. 

‘‘(2) PARTICIPANTS.—Subject to conditions imposed by the 

Chairman, members of a committee established under this 

chapter and additional persons drawn from entities or groups 

designated by this chapter to be represented on the committee 

or the general public may be assigned to subcommittees and 

working groups established under paragraph (1). 

‘‘(3) CHAIR.—Only committee members may chair subcommittees and working groups established under paragraph 

(1). 

‘‘(j) CONSULTATION, ADVICE, REPORTS, AND RECOMMENDATIONS.— 

‘‘(1) CONSULTATION.— 

‘‘(A) IN GENERAL.—Before taking any significant action, 

the Secretary shall consult with, and consider the information, advice, and recommendations of, a committee established under this chapter if the function of the committee 

is to advise the Secretary on matters related to the significant action. 

‘‘(B) INCLUSION.—For purposes of this paragraph, regulations proposed under chapter 45 of this title are significant actions. 

‘‘(2) ADVICE, REPORTS, AND RECOMMENDATIONS.—Each committee established under this chapter shall submit, in writing, 

to the Secretary its advice, reports, and recommendations, in 

a form and at a frequency determined appropriate by the committee. 

‘‘(3) EXPLANATION OF ACTIONS TAKEN.—Not later than 60 

days after the date on which the Secretary receives recommendations from a committee under paragraph (2), the Secretary shall— 

‘‘(A) publish the recommendations on a website accessible at no charge to the public; 
S. 140—98 

‘‘(B) if the recommendations are from the committee 

established under section 15102, establish a mechanism 

for the submission of public comments on the recommendations; and 

‘‘(C) respond, in writing, to the committee regarding 

the recommendations, including by providing an explanation of actions taken regarding the recommendations. 

‘‘(4) SUBMISSION TO CONGRESS.— 

‘‘(A) IN GENERAL.—The Secretary shall submit to the 

Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate the advice, 

reports, and recommendations received from committees 

under paragraph (2). 

‘‘(B) ADDITIONAL SUBMISSION.—With respect to a committee established under section 70112 and to which this 

section applies, the Secretary shall submit the advice, 

reports, and recommendations received from the committee 

under paragraph (2) to the Committee on Homeland Security of the House of Representatives in addition to the 

committees specified in subparagraph (A). 

‘‘(k) OBSERVERS.—Any Federal agency with matters under such 

agency’s administrative jurisdiction related to the function of a 

committee established under this chapter may designate a representative to— 

‘‘(1) attend any meeting of such committee; and 

‘‘(2) participate as an observer at meetings of such committee that relate to such a matter. 

‘‘(l) TERMINATION.—Each committee established under this 

chapter shall terminate on September 30, 2027.’’. 

(b) CLERICAL AMENDMENT.—The analysis for subtitle II of title 

46, United States Code, is amended by inserting after the item 

relating to chapter 147 the following: 

‘‘Part K–National Maritime Transportation Advisory Committees 

‘‘151. National Maritime Transportation Advisory Committees ............15101’’. 

(c) CONFORMING AMENDMENTS.— 

(1) COMMERCIAL FISHING SAFETY ADVISORY COMMITTEE.— 

Section 4508 of title 46, United States Code, and the item 

relating to that section in the analysis for chapter 45 of that 

title, are repealed. 

(2) MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.— 

Section 7115 of title 46, United States Code, and the item 

relating to that section in the analysis for chapter 71 of that 

title, are repealed. 

(3) MERCHANT MARINE PERSONNEL ADVISORY COMMITTEE.— 

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

Code, and the item relating to that section in the analysis 

for chapter 81 of that title, are repealed. 

(B) CONFORMING AMENDMENT.—Section 7510(c)(1)(C) of 

title 46, United States Code, is amended by inserting 

‘‘National’’ before ‘‘Merchant Marine’’. 

(4) NATIONAL BOATING SAFETY ADVISORY COUNCIL.— 

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

Code, and the item relating to that section in the analysis 

for chapter 131 of that title, are repealed. 

(B) CONFORMING AMENDMENTS.— 
S. 140—99 

(i) REGULATIONS.—Section 4302(c)(4) of title 46, 

United States Code, is amended by striking ‘‘Council 

established under section 13110 of this title’’ and 

inserting ‘‘Committee established under section 15105 

of this title’’. 

(ii) REPAIR AND REPLACEMENT OF DEFECTS.—Section 4310(f) of title 46, United States Code, is amended 

by striking ‘‘Advisory Council’’ and inserting ‘‘Advisory 

Committee’’. 

(5) NAVIGATION SAFETY ADVISORY COUNCIL.—Section 5 of 

the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) 

is repealed. 

(6) TOWING SAFETY ADVISORY COMMITTEE.— 

(A) REPEAL.—Public Law 96–380 (33 U.S.C. 1231a) 

is repealed. 

(B) CONFORMING AMENDMENTS.— 

(i) REDUCTION OF OIL SPILLS FROM SINGLE HULL

NON-SELF-PROPELLED TANK VESSELS.—Section 3719 of 

title 46, United States Code, is amended by inserting 

‘‘National’’ before ‘‘Towing Safety’’. 

(ii) SAFETY EQUIPMENT.—Section 4102(f)(1) of title 

46, United States Code, is amended by inserting 

‘‘National’’ before ‘‘Towing Safety’’. 

(d) TREATMENT OF EXISTING COUNCILS AND COMMITTEES.—Notwithstanding any other provision of law— 

(1) an advisory council or committee substantially similar 

to an advisory committee established under chapter 151 of 

title 46, United States Code, as added by this Act, and that 

was in force or in effect on the day before the date of enactment 

of this section, including a council or committee the authority 

for which was repealed under subsection (c), may remain in 

force or in effect for a period of 2 years from the date of 

enactment of this section, including that the charter, membership, and other aspects of the council or committee may remain 

in force or in effect; and 

(2) during the 2-year period referenced in paragraph (1)— 

(A) requirements relating to the applicable advisory 

committee established under chapter 151 of title 46, United 

States Code, shall be treated as satisfied by the substantially similar advisory council or committee; and 

(B) the enactment of this section, including the amendments made in this section, shall not be the basis— 

(i) to deem, find, or declare such council or committee, including the charter, membership, and other 

aspects thereof, void, not in force, or not in effect; 

(ii) to suspend the activities of such council or 

committee; or 

(iii) to bar the members of such council or committee from meeting. 

SEC. 602. MARITIME SECURITY ADVISORY COMMITTEES. 

(a) IN GENERAL.—Section 70112 of title 46, United States Code, 

is amended to read as follows: 

‘‘§ 70112. Maritime Security Advisory Committees 

‘‘(a) NATIONAL MARITIME SECURITY ADVISORY COMMITTEE.— 
S. 140—100 

‘‘(1) ESTABLISHMENT.—There is established a National 

Maritime Security Advisory Committee (in this subsection 

referred to as the ‘Committee’). 

‘‘(2) FUNCTION.—The Committee shall advise the Secretary 

on matters relating to national maritime security, including 

on enhancing the sharing of information related to cybersecurity 

risks that may cause a transportation security incident, 

between relevant Federal agencies and— 

‘‘(A) State, local, and tribal governments; 

‘‘(B) relevant public safety and emergency response 

agencies; 

‘‘(C) relevant law enforcement and security organizations; 

‘‘(D) maritime industry; 

‘‘(E) port owners and operators; and 

‘‘(F) terminal owners and operators. 

‘‘(3) MEMBERSHIP.— 

‘‘(A) IN GENERAL.—The Committee shall consist of at 

least 8 members, but not more than 21 members, appointed 

by the Secretary in accordance with this subsection and 

section 15109 of this title. 

‘‘(B) EXPERTISE.—Each member of the Committee shall 

have particular expertise, knowledge, and experience in 

matters relating to the function of the Committee. 

‘‘(C) REPRESENTATION.—Each of the following shall be 

represented by at least 1 member of the Committee: 

‘‘(i) Port authorities. 

‘‘(ii) Facilities owners and operators. 

‘‘(iii) Terminal owners and operators. 

‘‘(iv) Vessel owners and operators. 

‘‘(v) Maritime labor organizations. 

‘‘(vi) The academic community. 

‘‘(vii) State and local governments. 

‘‘(viii) The maritime industry. 

‘‘(D) DISTRIBUTION.—If the Committee consists of at 

least 8 members who, together, satisfy the minimum representation requirements of subparagraph (C), the Secretary shall, based on the needs of the Coast Guard, determine the number of additional members of the Committee 

who represent each entity specified in that subparagraph. 

Neither this subparagraph nor any other provision of law 

shall be construed to require an equal distribution of members representing each entity specified in subparagraph 

(C). 

‘‘(4) ADMINISTRATION.—For purposes of section 15109 of 

this title, the Committee shall be treated as a committee established under chapter 151 of such title. 

‘‘(b) AREA MARITIME SECURITY ADVISORY COMMITTEES.— 

‘‘(1) IN GENERAL.— 

‘‘(A) ESTABLISHMENT.—The Secretary may— 

‘‘(i) establish an Area Maritime Security Advisory 

Committee for any port area of the United States; 

and 

‘‘(ii) request such a committee to review the proposed Area Maritime Transportation Security Plan 
S. 140—101 

developed under section 70103(b) and make recommendations to the Secretary that the committee 

considers appropriate. 

‘‘(B) ADDITIONAL FUNCTIONS AND MEETINGS.—A committee established under this subsection for an area— 

‘‘(i) may advise, consult with, report to, and make 

recommendations to the Secretary on matters relating 

to maritime security in that area; 

‘‘(ii) may make available to the Congress recommendations that the committee makes to the Secretary; and 

‘‘(iii) shall meet at the call of— 

‘‘(I) the Secretary, who shall call such a 

meeting at least once during each calendar year; 

or 

‘‘(II) a majority of the committee. 

‘‘(2) MEMBERSHIP.— 

‘‘(A) IN GENERAL.—Each committee established under 

this subsection shall consist of at least 7 members 

appointed by the Secretary, each of whom has at least 

5 years practical experience in maritime security operations. 

‘‘(B) TERMS.—The term of each member of a committee 

established under this subsection shall be for a period 

of not more than 5 years, specified by the Secretary. 

‘‘(C) NOTICE.—Before appointing an individual to a 

position on a committee established under this subsection, 

the Secretary shall publish a notice in the Federal Register 

soliciting nominations for membership on the committee. 

‘‘(D) BACKGROUND EXAMINATIONS.—The Secretary may 

require an individual to have passed an appropriate security background examination before appointment to a committee established under this subsection. 

‘‘(E) REPRESENTATION.—Each committee established 

under this subsection shall be composed of individuals who 

represent the interests of the port industry, terminal operators, port labor organizations, and other users of the port 

areas. 

‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.— 

‘‘(A) IN GENERAL.—Each committee established under 

this subsection shall elect 1 of the committee’s members 

as the Chairperson and 1 of the committee’s members 

as the Vice Chairperson. 

‘‘(B) VICE CHAIRPERSON ACTING AS CHAIRPERSON.—The 

Vice Chairperson shall act as Chairperson in the absence 

or incapacity of the Chairperson, or in the event of a 

vacancy in the office of the Chairperson. 

‘‘(4) OBSERVERS.— 

‘‘(A) IN GENERAL.—The Secretary shall, and the head 

of any other interested Federal agency may, designate a 

representative to participate as an observer with a committee established under this subsection. 

‘‘(B) ROLE.—The Secretary’s designated representative 

to a committee established under this subsection shall act 

as the executive secretary of the committee and shall perform the duties set forth in section 10(c) of the Federal 

Advisory Committee Act (5 U.S.C. App.). 
S. 140—102 

‘‘(5) CONSIDERATION OF VIEWS.—The Secretary shall consider the information, advice, and recommendations of each 

committee established under this subsection in formulating 

policy regarding matters affecting maritime security. 

‘‘(6) COMPENSATION AND EXPENSES.— ‘‘(A) IN GENERAL.—A member of a committee established under this subsection, when attending meetings of 

the committee or when otherwise engaged in the business 

of the committee, is entitled to receive— 

‘‘(i) compensation at a rate fixed by the Secretary, 

not exceeding the daily equivalent of the current rate 

of basic pay in effect for GS–15 of the General Schedule 

under section 5332 of title 5 including travel time; 

and 

‘‘(ii) travel or transportation expenses under section 5703 of title 5. 

‘‘(B) STATUS.—A member of a committee established 

under this subsection shall not be considered to be an 

officer or employee of the United States for any purpose 

based on the receipt of any payment under this paragraph. 

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

App.) does not apply to a committee established under this 

subsection.’’. 

(b) TREATMENT OF EXISTING COMMITTEE.—Notwithstanding any 

other provision of law— 

(1) an advisory committee substantially similar to the 

National Maritime Security Advisory Committee established 

under section 70112(a) of title 46, United States Code, as 

amended by this section, and that was in force or in effect 

on the day before the date of enactment of this section, may 

remain in force or in effect for a period of 2 years from the 

date of enactment of this section, including that the charter, 

membership, and other aspects of the committee may remain 

in force or in effect; and 

(2) during the 2-year period referenced in paragraph (1)— 

(A) requirements relating to the National Maritime 

Security Advisory Committee established under section 

70112(a) of title 46, United States Code, as amended by 

this section, shall be treated as satisfied by the substantially similar advisory committee; and 

(B) the enactment of this section, including the amendments made in this section, shall not be the basis— 

(i) to deem, find, or declare such committee, 

including the charter, membership, and other aspects 

thereof, void, not in force, or not in effect; 

(ii) to suspend the activities of such committee; 

or 

(iii) to bar the members of such committee from 

meeting. 

TITLE VII—FEDERAL MARITIME 

COMMISSION 

SEC. 701. SHORT TITLE. 

This title may be cited as the ‘‘Federal Maritime Commission 

Authorization Act of 2017’’. 
S. 140—103 

SEC. 702. AUTHORIZATION OF APPROPRIATIONS. 

Section 308 of title 46, United States Code, is amended by striking ‘‘$24,700,000 for each of fiscal years 2016 and 2017’’ and 

inserting ‘‘$28,012,310 for fiscal year 2018 and $28,544,543 for 

fiscal year 2019’’. 

SEC. 703. REPORTING ON IMPACT OF ALLIANCES ON COMPETITION. 

Section 306 of title 46, United States Code, is amended— 

(1) in subsection (b)— 

(A) in paragraph (4), by striking ‘‘; and’’ and inserting 

a semicolon; 

(B) in paragraph (5), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(6) an analysis of the impacts on competition for the 

purchase of certain covered services by alliances of ocean 

common carriers acting pursuant to an agreement under this 

part between or among ocean common carriers, including a 

summary of actions, including corrective actions, taken by the 

Commission to promote such competition.’’; and 

(2) by adding at the end the following: 

‘‘(c) DEFINITION OF CERTAIN COVERED SERVICES.—In this section, the term ‘certain covered services’ has the meaning given 

the term in section 40102.’’. 

SEC. 704. DEFINITION OF CERTAIN COVERED SERVICES. 

Section 40102 of title 46, United States Code, is amended— 

(1) by redesignating paragraphs (5) through (25) as paragraphs (6) through (26), respectively; and 

(2) by inserting after paragraph (4), the following: 

‘‘(5) CERTAIN COVERED SERVICES.—For purposes of sections 

41105 and 41307, the term ‘certain covered services’ means, 

with respect to a vessel— 

‘‘(A) the berthing or bunkering of the vessel; 

‘‘(B) the loading or unloading of cargo to or from the 

vessel to or from a point on a wharf or terminal; 

‘‘(C) the positioning, removal, or replacement of buoys 

related to the movement of the vessel; and 

‘‘(D) with respect to injunctive relief under section 

41307, towing vessel services provided to such a vessel.’’. 

SEC. 705. REPORTS FILED WITH THE COMMISSION. 

Section 40104(a) of title 46, United States Code, is amended 

to read as follows: 

‘‘(a) REPORTS.— 

‘‘(1) IN GENERAL.—The Federal Maritime Commission may 

require a common carrier or marine terminal operator, or an 

officer, receiver, trustee, lessee, agent, or employee of the 

common carrier or marine terminal operator to file with the 

Commission a periodical or special report, an account, record, 

rate, or charge, or a memorandum of facts and transactions 

related to the business of the common carrier or marine terminal operator, as applicable. 

‘‘(2) REQUIREMENTS.—Any report, account, record, rate, 

charge, or memorandum required to be filed under paragraph 

(1) shall— 

‘‘(A) be made under oath if the Commission requires; 

and 
S. 140—104 

‘‘(B) be filed in the form and within the time prescribed 

by the Commission. 

‘‘(3) LIMITATION.—The Commission shall— 

‘‘(A) limit the scope of any filing ordered under this 

section to fulfill the objective of the order; and 

‘‘(B) provide a reasonable period of time for respondents 

to respond based upon their capabilities and the scope 

of the order.’’. 

SEC. 706. PUBLIC PARTICIPATION. 

(a) NOTICE OF FILING.—Section 40304(a) of title 46, United 

States Code, is amended to read as follows: 

‘‘(a) NOTICE OF FILING.—Not later than 7 days after the date 

an agreement is filed, the Federal Maritime Commission shall— 

‘‘(1) transmit a notice of the filing to the Federal Register 

for publication; and 

‘‘(2) request interested persons to submit relevant information and documents.’’. 

(b) REQUEST FOR INFORMATION AND DOCUMENTS.—Section 

40304(d) of title 46, United States Code, is amended by striking 

‘‘section’’ and inserting ‘‘part’’. 

(c) SAVING CLAUSE.—Nothing in this section, or the amendments made by this section, may be construed— 

(1) to prevent the Federal Maritime Commission from 

requesting from a person, at any time, any additional information or documents the Commission considers necessary to carry 

out chapter 403 of title 46, United States Code; 

(2) to prescribe a specific deadline for the submission of 

relevant information and documents in response to a request 

under section 40304(a)(2) of title 46, United States Code; or 

(3) to limit the authority of the Commission to request 

information under section 40304(d) of title 46, United States 

Code. 

SEC. 707. OCEAN TRANSPORTATION INTERMEDIARIES. 

(a) LICENSE REQUIREMENT.—Section 40901(a) of title 46, United 

States Code, is amended by inserting ‘‘advertise, hold oneself out, 

or’’ after ‘‘may not’’. 

(b) APPLICABILITY.—Section 40901 of title 46, United States 

Code, is amended by adding at the end the following: 

‘‘(c) APPLICABILITY.—Subsection (a) and section 40902 do not 

apply to a person that performs ocean transportation intermediary 

services on behalf of an ocean transportation intermediary for which 

it is a disclosed agent.’’. 

(c) FINANCIAL RESPONSIBILITY.—Section 40902(a) of title 46, 

United States Code, is amended by inserting ‘‘advertise, hold oneself 

out, or’’ after ‘‘may not’’. 

SEC. 708. COMMON CARRIERS. 

(a) Section 41104 of title 46, United States Code, is amended— 

(1) in the matter preceding paragraph (1), by inserting 

‘‘(a) IN GENERAL.—’’ before ‘‘A common carrier’’; 

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

(A) by amending paragraph (11) to read as follows: 

‘‘(11) knowingly and willfully accept cargo from or transport 

cargo for the account of a non-vessel-operating common carrier 

that does not have a tariff as required by section 40501 of 

this title, or an ocean transportation intermediary that does 
S. 140—105 

not have a bond, insurance, or other surety as required by 

section 40902 of this title;’’; 

(B) in paragraph (12), by striking the period at the 

end and inserting ‘‘; or’’; and 

(C) by adding at the end the following: 

‘‘(13) continue to participate simultaneously in a rate 

discussion agreement and an agreement to share vessels, in 

the same trade, if the interplay of the authorities exercised 

by the specified agreements is likely, by a reduction in competition, to produce an unreasonable reduction in transportation 

service or an unreasonable increase in transportation cost.’’; 

and 

(3) by adding at the end the following: 

‘‘(b) RULE OF CONSTRUCTION.—Notwithstanding any other 

provision of law, there is no private right of action to enforce 

the prohibition under subsection (a)(13). 

‘‘(c) AGREEMENT VIOLATION.—Participants in an agreement 

found by the Commission to violate subsection (a)(13) shall have 

90 days from the date of such Commission finding to withdraw 

from the agreement as necessary to comply with that subsection.’’. 

(b) APPLICATION.—Section 41104(a)(13) of title 46, United States 

Code, as amended, shall apply to any agreement filed or with 

an effective date before, on, or after the date of enactment of 

this Act. 

SEC. 709. NEGOTIATIONS. 

(a) CONCERTED ACTION.—Section 41105 of title 46, United 

States Code, is amended— 

(1) by redesignating paragraphs (5) through (8) as paragraphs (7) through (10), respectively; and 

(2) by inserting after paragraph (4) the following: 

‘‘(5) negotiate with a tug or towing vessel service provider 

on any matter relating to rates or services provided within 

the United States by those tugs or towing vessels; 

‘‘(6) with respect to a vessel operated by an ocean common 

carrier within the United States, negotiate for the purchase 

of certain covered services, unless the negotiations and any 

resulting agreements are not in violation of the antitrust laws 

and are consistent with the purposes of this part, except that 

this paragraph does not prohibit the setting and publishing 

of a joint through rate by a conference, joint venture, or association of ocean common carriers;’’. 

(b) AUTHORITY.—Chapter 411 of title 46, United States Code, 

is amended— 

(1) by inserting after section 41105 the following: 

‘‘§ 41105A. Authority 

‘‘Nothing in section 41105, as amended by the Federal Maritime 

Commission Authorization Act of 2017, shall be construed to limit 

the authority of the Department of Justice regarding antitrust 

matters.’’; and 

(2) in the analysis at the beginning of chapter 411, by 

inserting after the item relating to section 41105 the following: 

‘‘41105A. Authority.’’. 
S. 140—106 

(c) EXEMPTION.—Section 40307(b)(1) of title 46, United States 

Code, is amended by inserting ‘‘tug operators,’’ after ‘‘motor carriers,’’. 

SEC. 710. INJUNCTIVE RELIEF SOUGHT BY THE COMMISSION. 

(a) IN GENERAL.—Section 41307(b) of title 46, United States 

Code is amended— 

(1) in paragraph (1) by inserting ‘‘or to substantially lessen 

competition in the purchasing of certain covered services’’ after 

‘‘transportation cost’’; and 

(2) by adding at the end the following: 

‘‘(4) COMPETITION FACTORS.—In making a determination 

under this subsection regarding whether an agreement is likely 

to substantially lessen competition in the purchasing of certain 

covered services, the Commission may consider any relevant 

competition factors in affected markets, including, without 

limitation, the competitive effect of agreements other than the 

agreement under review.’’. 

(b) APPLICATION.—Section 41307(b) of title 46, United States 

Code, as amended, shall apply to any agreement filed or with 

an effective date before, on, or after the date of enactment of 

this Act. 

SEC. 711. DISCUSSIONS. 

(a) IN GENERAL.—Section 303 of title 46, United States Code, 

is amended to read as follows: 

‘‘§ 303. Meetings 

‘‘(a) IN GENERAL.—The Federal Maritime Commission shall 

be deemed to be an agency for purposes of section 552b of title 

5. 

‘‘(b) RECORD.—The Commission, through its secretary, shall 

keep a record of its meetings and the votes taken on any action, 

order, contract, or financial transaction of the Commission. 

‘‘(c) NONPUBLIC COLLABORATIVE DISCUSSIONS.— ‘‘(1) IN GENERAL.—Notwithstanding section 552b of title 

5, a majority of the Commissioners may hold a meeting that 

is not open to public observation to discuss official agency 

business if— 

‘‘(A) no formal or informal vote or other official agency 

action is taken at the meeting; 

‘‘(B) each individual present at the meeting is a 

Commissioner or an employee of the Commission; 

‘‘(C) at least 1 Commissioner from each political party 

is present at the meeting, if applicable; and 

‘‘(D) the General Counsel of the Commission is present 

at the meeting. 

‘‘(2) DISCLOSURE OF NONPUBLIC COLLABORATIVE DISCUSSIONS.—Except as provided under paragraph (3), not later than 

2 business days after the conclusion of a meeting under paragraph (1), the Commission shall make available to the public, 

in a place easily accessible to the public— 

‘‘(A) a list of the individuals present at the meeting; 

and 

‘‘(B) a summary of the matters discussed at the 

meeting, except for any matters the Commission properly 

determines may be withheld from the public under section 

552b(c) of title 5. 
S. 140—107 

‘‘(3) EXCEPTION.—If the Commission properly determines 

matters may be withheld from the public under section 555b(c) 

of title 5, the Commission shall provide a summary with as 

much general information as possible on those matters withheld 

from the public. 

‘‘(4) ONGOING PROCEEDINGS.—If a meeting under paragraph 

(1) directly relates to an ongoing proceeding before the Commission, the Commission shall make the disclosure under paragraph (2) on the date of the final Commission decision. 

‘‘(5) PRESERVATION OF OPEN MEETINGS REQUIREMENTS FOR

AGENCY ACTION.—Nothing in this subsection may be construed 

to limit the applicability of section 552b of title 5 with respect 

to a meeting of the Commissioners other than that described 

in this subsection. 

‘‘(6) STATUTORY CONSTRUCTION.—Nothing in this subsection 

may be construed— 

‘‘(A) to limit the applicability of section 552b of title 

5 with respect to any information which is proposed to 

be withheld from the public under paragraph (2)(B) of 

this subsection; or 

‘‘(B) to authorize the Commission to withhold from 

any individual any record that is accessible to that individual under section 552a of title 5.’’. 

(b) TABLE OF CONTENTS.—The analysis at the beginning of 

chapter 3 of title 46, United States Code, is amended by amending 

the item relating to section 303 to read as follows: 

‘‘303. Meetings.’’. 

SEC. 712. TRANSPARENCY. 

(a) IN GENERAL.—Beginning not later than 60 days after the 

date of enactment of this Act, the Federal Maritime Commission 

shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and 

Infrastructure of the House of Representatives biannual reports 

that describe the Commission’s progress toward addressing the 

issues raised in each unfinished regulatory proceeding, regardless 

of whether the proceeding is subject to a statutory or regulatory 

deadline. 

(b) FORMAT OF REPORTS.—Each report under subsection (a) 

shall, among other things, clearly identify for each unfinished regulatory proceeding— 

(1) the popular title; 

(2) the current stage of the proceeding; 

(3) an abstract of the proceeding; 

(4) what prompted the action in question; 

(5) any applicable statutory, regulatory, or judicial deadline; 

(6) the associated docket number; 

(7) the date the rulemaking was initiated; 

(8) a date for the next action; and 

(9) if a date for next action identified in the previous 

report is not met, the reason for the delay. 

SEC. 713. STUDY OF BANKRUPTCY PREPARATION AND RESPONSE. 

(a) STUDY.—The Comptroller General of the United States shall 

conduct a study that examines the immediate aftermath of a major 

ocean carrier bankruptcy and its impact through the supply chain. 
S. 140—108 

The study shall consider any financial mechanisms that could be 

used to mitigate the impact of any future bankruptcy events on 

the supply chain. 

(b) REPORT.—No later than 1 year after the date of enactment 

of this Act, the Comptroller General of the United States shall 

submit to the Committee on Commerce, Science, and Transportation 

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the 

findings, conclusions, and recommendations, if any, from the study 

required under subsection (a). 

SEC. 714. AGREEMENTS UNAFFECTED. 

Nothing in this Act may be construed— 

(1) to limit or amend the definition of ‘‘agreement’’ in 

section 40102(1) of title 46, United States Code, with respect 

to the exclusion of maritime labor agreements; or 

(2) to apply to a maritime labor agreement (as defined 

in section 40102(15) of that title). 

TITLE VIII—MISCELLANEOUS 

SEC. 801. REPEAL OF OBSOLETE REPORTING REQUIREMENT. 

Subsection (h) of section 888 of the Homeland Security Act 

of 2002 (6 U.S.C. 468) is repealed. 

SEC. 802. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD 

AUTHORIZATION ACTS. 

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

Transportation Act of 2014 (Public Law 113–281; 128 Stat. 3061) 

is amended by inserting ‘‘and fishery endorsement’’ after ‘‘endorsement’’. 

SEC. 803. OFFICER EVALUATION REPORT. 

(a) IN GENERAL.—Not later than 3 years after the date of 

the enactment of this Act, the Commandant of the Coast Guard 

shall reduce lieutenant junior grade evaluation reports to the same 

length as an ensign or place lieutenant junior grade evaluations 

on an annual schedule. 

(b) SURVEYS.—Not later than 1 year after the date of the 

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

conduct surveys of— 

(1) outgoing promotion board members and assignment 

officers to determine, at a minimum— 

(A) which sections of the officer evaluation report were 

most useful; 

(B) which sections of the officer evaluation report were 

least useful; 

(C) how to better reflect high performers; and 

(D) any recommendations for improving the officer 

evaluation report; and 

(2) at least 10 percent of the officers from each grade 

of officers from O1 to O6 to determine how much time each 

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

of the officer evaluation report. 

(c) REVISIONS.— 

(1) IN GENERAL.—Not later than 4 years after the date 

of the completion of the surveys required by subsection (b), 
S. 140—109 

the Commandant of the Coast Guard shall revise the officer 

evaluation report, and provide corresponding directions, taking 

into account the requirements under paragraph (2). 

(2) REQUIREMENTS.—In revising the officer evaluation 

report under paragraph (1), the Commandant shall— 

(A) consider the findings of the surveys under subsection (b); 

(B) improve administrative efficiency; 

(C) reduce and streamline performance dimensions and 

narrative text; 

(D) eliminate redundancy with the officer specialty 

management system and any other record information systems that are used during the officer assignment or promotion process; 

(E) provide for fairness and equity for Coast Guard 

officers with regard to promotion boards, selection panels, 

and the assignment process; and 

(F) ensure officer evaluation responsibilities can be 

accomplished within normal working hours— 

(i) to minimize any impact to officer duties; and 

(ii) to eliminate any need for an officer to take 

liberty or leave for administrative purposes. 

(d) REPORT.— 

(1) IN GENERAL.—Not later than 545 days after the date 

of the enactment of this Act, the Commandant of the Coast 

Guard shall submit to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives a report on the findings of the surveys under subsection 

(b). 

(2) FORMAT.—The report under paragraph (1) shall be formatted by each rank, type of board, and position, as applicable. 

SEC. 804. EXTENSION OF AUTHORITY. 

Section 404 of the Coast Guard Authorization Act of 2010 

(Public Law 111–281; 124 Stat. 2950) is amended— 

(1) in subsection (a), in the text preceding paragraph (1), 

by striking ‘‘sections 3304, 5333, and 5753’’ and inserting ‘‘section 3304’’; and 

(2) by striking subsection (b), and redesignating subsection 

(c) as subsection (b). 

SEC. 805. COAST GUARD ROTC PROGRAM. 

Not later than 1 year after the date of enactment of this 

Act, the Commandant of the Coast Guard shall submit to the 

Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives a report on the costs and benefits of 

creating a Coast Guard Reserve Officers’ Training Corps Program 

based on the other Armed Forces programs. 

SEC. 806. CURRENCY DETECTION CANINE TEAM PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) CANINE CURRENCY DETECTION TEAM.—The term ‘‘canine 

currency detection team’’ means a canine and a canine handler 

that are trained to detect currency. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the department in which the Coast Guard is operating. 
S. 140—110 

(b) ESTABLISHMENT.—Not later than 1 year after the date of 

enactment of this Act, the Secretary shall establish a program 

to allow the use of canine currency detection teams for purposes 

of Coast Guard maritime law enforcement, including underway 

vessel boardings. 

(c) OPERATION.—The Secretary may cooperate with, or enter 

into an agreement with, the head of another Federal agency to 

meet the requirements under subsection (b). 

SEC. 807. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL 

SEARCH AND RESPONSE. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall establish a Center of Expertise for Great Lakes Oil Spill Preparedness 

and Response (referred to in this section as the ‘‘Center of Expertise’’) in accordance with section 313 of title 14, United States 

Code, as amended by this Act. 

(b) LOCATION.—The Center of Expertise shall be located in 

close proximity to— 

(1) critical crude oil transportation infrastructure on and 

connecting the Great Lakes, such as submerged pipelines and 

high-traffic navigation locks; and 

(2) an institution of higher education with adequate aquatic 

research laboratory facilities and capabilities and expertise in 

Great Lakes aquatic ecology, environmental chemistry, fish 

and wildlife, and water resources. 

(c) FUNCTIONS.—The Center of Expertise shall— 

(1) monitor and assess, on an ongoing basis, the current 

state of knowledge regarding freshwater oil spill response technologies and the behavior and effects of oil spills in the Great 

Lakes; 

(2) identify any significant gaps in Great Lakes oil spill 

research, including an assessment of major scientific or technological deficiencies in responses to past spills in the Great 

Lakes and other freshwater bodies, and seek to fill those gaps; 

(3) conduct research, development, testing, and evaluation 

for freshwater oil spill response equipment, technologies, and 

techniques to mitigate and respond to oil spills in the Great 

Lakes; 

(4) educate and train Federal, State, and local first 

responders located in Coast Guard District 9 in— 

(A) the incident command system structure; 

(B) Great Lakes oil spill response techniques and 

strategies; and 

(C) public affairs; and 

(5) work with academic and private sector response training 

centers to develop and standardize maritime oil spill response 

training and techniques for use on the Great Lakes. 

(d) DEFINITION.—In this section, the term ‘‘Great Lakes’’ means 

Lake Superior, Lake Michigan, Lake Huron, Lake Erie, and Lake 

Ontario. 

SEC. 808. PUBLIC SAFETY ANSWERING POINTS AND MARITIME SEARCH 

AND RESCUE COORDINATION. 

Not later than 180 days after the date of the enactment of 

this Act— 

(1) the Secretary of the department in which the Coast 

Guard is operating acting through the Commandant of the 
S. 140—111 

Coast Guard shall review Coast Guard policies and procedures 

for public safety answering points and search-and-rescue 

coordination with State and local law enforcement entities in 

order to— 

(A) further minimize the possibility of maritime 911 

calls being improperly routed; and 

(B) assure the Coast Guard is able to effectively carry 

out the Coast Guard’s maritime search and rescue mission; 

and 

(2) the Commandant shall— 

(A) formulate a national maritime public safety 

answering points policy; and 

(B) submit a report to the Congress on such assessment 

and policy, which shall include an update to the report 

submitted in accordance with section 233 of the Howard 

Coble Coast Guard and Maritime Transportation Act of 

2014. 

SEC. 809. SHIP SHOAL LIGHTHOUSE TRANSFER: REPEAL. 

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

Authorization Act of 1991 (Public Law 102–241; 105 Stat. 2218) 

is repealed. 

SEC. 810. LAND EXCHANGE, AYAKULIK ISLAND, ALASKA. 

(a) LAND EXCHANGE; AYAKULIK ISLAND, ALASKA.—If the owner 

of Ayakulik Island, Alaska, offers to exchange the Island for the 

Tract— 

(1) within 10 days after receiving such offer, the Secretary 

shall provide notice of the offer to the Commandant; 

(2) within 90 days after receiving the notice under paragraph (1), the Commandant shall develop and transmit to the 

Secretary proposed operational restrictions on commercial 

activity conducted on the Tract, including the right of the 

Commandant to— 

(A) order the immediate termination, for a period of 

up to 72 hours, of any activity occurring on or from the 

Tract that violates or threatens to violate one or more 

of such restrictions; or 

(B) commence a civil action for appropriate relief, 

including a permanent or temporary injunction enjoining 

the activity that violates or threatens to violate such 

restrictions; 

(3) within 90 days after receiving the proposed operational 

restrictions from the Commandant, the Secretary shall transmit 

such restrictions to the owner of Ayakulik Island; and 

(4) within 30 days after transmitting the proposed operational restrictions to the owner of Ayakulik Island, and if 

the owner agrees to such restrictions, the Secretary shall convey 

all right, title, and interest of the United States in and to 

the Tract to the owner, subject to an easement granted to 

the Commandant to enforce such restrictions, in exchange for 

all right, title, and interest of such owner in and to Ayakulik 

Island. 

(b) BOUNDARY REVISIONS.—The Secretary may make technical 

and conforming revisions to the boundaries of the Tract before 

the date of the exchange. 

(c) PUBLIC LAND ORDER.—Effective on the date of an exchange 

under subsection (a), Public Land Order 5550 shall have no force 
S. 140—112 

or effect with respect to submerged lands that are part of the 

Tract. 

(d) FAILURE TO TIMELY RESPOND TO NOTICE.—If the Commandant does not transmit proposed operational restrictions to 

the Secretary within 30 days after receiving the notice under subsection (a)(1), the Secretary shall, by not later than 60 days after 

transmitting such notice, convey all right, title, and interest of 

the United States in and to the Tract to the owner of Ayakulik 

Island in exchange for all right, title, and interest of such owner 

in and to Ayakulik Island. 

(e) CERCLA NOT AFFECTED.—This section and an exchange 

under this section shall not be construed to limit the application 

of or otherwise affect section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 

U.S.C. 9620(h)). 

(f) DEFINITIONS.—In this section: 

(1) COMMANDANT.—The term ‘‘Commandant’’ means the 

Secretary of the department in which the Coast Guard is operating, acting through the Commandant of the Coast Guard. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(3) TRACT.—The term ‘‘Tract’’ means the land (including 

submerged land) depicted as ‘‘PROPOSED PROPERTY 

EXCHANGE AREA’’ on the survey titled ‘‘PROPOSED PROPERTY EXCHANGE PARCEL’’ and dated 3/22/17. 

SEC. 811. USE OF TRACT 43. 

Section 524(e)(2) of the Pribilof Island Transition Completion 

Act of 2016 (Public Law 114–120), as amended by section 3533 

of the Pribilof Island Transition Completion Amendments Act of 

2016 (subtitle B of title XXXV of Public Law 114–328), is amended 

by— 

(1) striking ‘‘each month’’ and inserting ‘‘each April and 

October’’; and 

(2) striking ‘‘previous month’’ and inserting ‘‘previous six 

months’’. 

SEC. 812. COAST GUARD MARITIME DOMAIN AWARENESS. 

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

the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Sciences not later than 60 

days after the date of the enactment of this Act under which 

the Academy shall prepare an assessment of available unmanned, 

autonomous, or remotely controlled maritime domain awareness 

technologies for use by the Coast Guard. 

(b) ASSESSMENT.—The assessment shall— 

(1) describe the potential limitations of current and 

emerging unmanned technologies used in the maritime domain 

for— 

(A) ocean observation; 

(B) vessel monitoring and identification; 

(C) weather observation; 

(D) to the extent practicable for consideration by the 

Academy, intelligence gathering, surveillance, and reconnaissance; and 

(E) communications; 

(2) examine how technologies described in paragraph (1) 

can help prioritize Federal investment by examining; 
S. 140—113 

(A) affordability, including acquisition, operations, and 

maintenance; 

(B) reliability; 

(C) versatility; 

(D) efficiency; and 

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

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

domain awareness technologies can be used to— 

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

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

(C) allow the Coast Guard to more efficiently and effectively allocate Coast Guard vessels, aircraft, and personnel; 

and 

(D) identify adjustments that would be necessary in 

Coast Guard policies, procedures, and protocols to incorporate unmanned technologies to enhance efficiency. 

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

into an arrangement with the Secretary under subsection (a), the 

National Academy of Sciences shall submit the assessment prepared 

under this section to the Committees on Transportation and Infrastructure and Homeland Security of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate. 

(d) USE OF INFORMATION.—In formulating costs pursuant to 

subsection (b), the National Academy of Sciences may utilize 

information from other Coast Guard reports, assessments, or analyses regarding existing Coast Guard manpower requirements or 

other reports, assessments, or analyses for the acquisition of 

unmanned, autonomous, or remotely controlled technologies by the 

Federal Government. 

SEC. 813. MONITORING. 

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

the Coast Guard is operating shall conduct a 1-year pilot program 

to determine the impact of persistent use of different types of 

surveillance systems on illegal maritime activities, including illegal, 

unreported, and unregulated fishing, in the Western Pacific region. 

(b) REQUIREMENTS.—The pilot program shall— 

(1) consider the use of light aircraft-based detection systems 

that can identify potential illegal activity from high altitudes 

and produce enforcement-quality evidence at low altitudes; and 

(2) be directed at detecting and deterring illegal maritime 

activities, including illegal, unreported, and unregulated 

fishing, and enhancing maritime domain awareness. 

SEC. 814. REIMBURSEMENTS FOR NON-FEDERAL CONSTRUCTION 

COSTS OF CERTAIN AIDS TO NAVIGATION. 

(a) IN GENERAL.—Subject to the availability of amounts specifically provided in advance in subsequent appropriations Acts and 

in accordance with this section, the Commandant of the Coast 

Guard may reimburse a non-Federal entity for costs incurred by 

the entity for a covered project. 

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

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

of construction with respect to a federally authorized navigation 

channel; 
S. 140—114 

(2) the Commandant determines, through an appropriate 

navigation safety analysis, that the project is necessary to 

ensure safe marine transportation; 

(3) the Commandant approves the design of the project 

to ensure that it meets all applicable Coast Guard aids-tonavigation standards and requirements; 

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

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

(5) the non-Federal entity carries out the project in accordance with the same laws and regulations that would apply 

to the Coast Guard if the Coast Guard carried out the project, 

including obtaining all permits required for the project under 

Federal and State law; and 

(6) the Commandant determines that the project satisfies 

such additional requirements as may be established by the 

Commandant. 

(c) LIMITATIONS.—Reimbursements under subsection (a) may 

not exceed the following: (1) For a single covered project, $5,000,000. 

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

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

expire on the date that is 4 years after the date of enactment 

of this section. 

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

(1) by a non-Federal entity to construct and establish an 

aid to navigation that facilitates safe and efficient marine 

transportation on a Federal navigation project authorized by 

title I of the Water Resources Development Act of 2007 (Public 

Law 110–114); and 

(2) in an area that was affected by Hurricane Harvey. 

SEC. 815. TOWING SAFETY MANAGEMENT SYSTEM FEES. 

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

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

(A) towing vessel inspections performed by the Coast 

Guard; and 

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

(2) based on such review and comparison, determine 

whether the costs to the Government of such inspections performed by a third party are different than the costs to the 

Government of such inspections performed by the Coast Guard. 

(b) REVISION OF FEES.—If the Commandant determines under 

subsection (a) that the costs to the Government of such inspections 

performed by a third party are different than the costs to the 

Government of such inspections performed by the Coast Guard, 

then the Commandant shall revise the fee assessed by the Coast 

Guard for such inspections as necessary to conform to the requirements under section 9701 of title 31, United States Code, that 

such fee be based on the cost to the Government of such inspections 

and accurately reflect such costs. 

SEC. 816. OIL SPILL DISBURSEMENTS AUDITING AND REPORT. 

Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) 

is amended— 

(1) by repealing subsection (g); 
S. 140—115 

(2) in subsection (l)(1), by striking ‘‘Within one year after 

the date of enactment of the Coast Guard Authorization Act 

of 2010, and annually thereafter,’’ and inserting ‘‘Each year, 

on the date on which the President submits to Congress a 

budget under section 1105 of title 31, United States Code,’’; 

and 

(3) by amending subsection (l)(2) to read as follows: 

‘‘(2) CONTENTS.—The report shall include— 

‘‘(A) a list of each incident that— 

‘‘(i) occurred in the preceding fiscal year; and 

‘‘(ii) resulted in disbursements from the Fund, for 

removal costs and damages, totaling $500,000 or more; 

‘‘(B) a list of each incident that— 

‘‘(i) occurred in the fiscal year preceding the preceding fiscal year; and 

‘‘(ii) resulted in disbursements from the Fund, for 

removal costs and damages, totaling $500,000 or more; 

and 

‘‘(C) an accounting of any amounts reimbursed to the 

Fund in the preceding fiscal year that were recovered from 

a responsible party for an incident that resulted in 

disbursements from the Fund, for removal costs and damages, totaling $500,000 or more.’’. 

SEC. 817. FLEET REQUIREMENTS ASSESSMENT AND STRATEGY. 

(a) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Secretary of the department in which the Coast 

Guard is operating, in consultation with interested Federal and 

non-Federal stakeholders, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report including— 

(1) an assessment of Coast Guard at-sea operational fleet 

requirements to support its statutory missions established in 

the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.); 

and 

(2) a strategic plan for meeting the requirements identified 

under paragraph (1). 

(b) CONTENTS.—The report under subsection (a) shall include— 

(1) an assessment of— 

(A) the extent to which the Coast Guard at-sea operational fleet requirements referred to in subsection (a)(1) 

are currently being met; 

(B) the Coast Guard’s current fleet, its operational 

lifespan, and how the anticipated changes in the age and 

distribution of vessels in the fleet will impact the ability 

to meet at-sea operational requirements; 

(C) fleet operations and recommended improvements 

to minimize costs and extend operational vessel life spans; 

and 

(D) the number of Fast Response Cutters, Offshore 

Patrol Cutters, and National Security Cutters needed to 

meet at-sea operational requirements as compared to 

planned acquisitions under the current programs of record; 

(2) an analysis of— 

(A) how the Coast Guard at-sea operational fleet 

requirements are currently met, including the use of the 
S. 140—116 

Coast Guard’s current cutter fleet, agreements with partners, chartered vessels, and unmanned vehicle technology; 

and 

(B) whether existing and planned cutter programs of 

record (including the Fast Response Cutter, Offshore Patrol 

Cutter, and National Security Cutter) will enable the Coast 

Guard to meet at-sea operational requirements; and 

(3) a description of— 

(A) planned manned and unmanned vessel acquisition; 

and 

(B) how such acquisitions will change the extent to 

which the Coast Guard at-sea operational requirements 

are met. 

(c) CONSULTATION AND TRANSPARENCY.— (1) CONSULTATION.—In consulting with the Federal and 

non-Federal stakeholders under subsection (a), the Secretary 

of the department in which the Coast Guard is operating shall— 

(A) provide the stakeholders with opportunities for 

input— 

(i) prior to initially drafting the report, including 

the assessment and strategic plan; and 

(ii) not later than 3 months prior to finalizing 

the report, including the assessment and strategic plan, 

for submission; and 

(B) document the input and its disposition in the 

report. 

(2) TRANSPARENCY.—All input provided under paragraph 

(1) shall be made available to the public. 

(d) ENSURING MARITIME COVERAGE.—In order to meet Coast 

Guard mission requirements for search and rescue, ports, waterways, and coastal security, and maritime environmental response 

during recapitalization of Coast Guard vessels, the Coast Guard 

shall ensure continuity of the coverage, to the maximum extent 

practicable, in the locations that may lose assets. 

SEC. 818. NATIONAL SECURITY CUTTER. 

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

the Coast Guard may not certify an eighth National Security Cutter 

as Ready for Operations before the date on which the Commandant 

provides to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate— 

(1) a notification of a new standard method for tracking 

operational employment of Coast Guard major cutters that 

does not include time during which such a cutter is away 

from its homeport for maintenance or repair; and 

(2) a report analyzing cost and performance for different 

approaches to achieving varied levels of operational employment using the standard method required by paragraph (1) 

that, at a minimum— 

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

annualized baseline cost and performances for a certified 

National Security Cutter that operated for 185 days away 

from homeport or an equivalent alternative measure of 

operational tempo— 

(i) against the cost of a 15 percent increase in 

days away from homeport or an equivalent alternative 
S. 140—117 

measure of operational tempo for a National Security 

Cutter; and 

(ii) against the cost of the acquisition and operation 

of an additional National Security Cutter; and 

(B) examines the optimal level of operational employment of National Security Cutters to balance National 

Security Cutter cost and mission performance. 

(b) CONFORMING AMENDMENTS.— (1) Section 221(b) of the Coast Guard and Maritime 

Transportation Act of 2012 (126 Stat. 1560) is repealed. 

(2) Section 204(c)(1) of the Coast Guard Authorization Act 

of 2016 (130 Stat. 35) is repealed. 

SEC. 819. ACQUISITION PLAN FOR INLAND WATERWAY AND RIVER 

TENDERS AND BAY-CLASS ICEBREAKERS. 

(a) ACQUISITION PLAN.—Not later than 270 days after the date 

of the enactment of this Act, the Commandant of the Coast Guard 

shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and 

Infrastructure of the House of Representatives a plan to replace 

or extend the life of the Coast Guard fleet of inland waterway 

and river tenders, and the Bay-class icebreakers. 

(b) CONTENTS.—The plan under subsection (a) shall include— 

(1) an analysis of the work required to extend the life 

of vessels described in subsection (a); 

(2) recommendations for which, if any, such vessels it is 

cost effective to undertake a ship-life extension or enhanced 

maintenance program; 

(3) an analysis of the aids to navigation program to determine if advances in navigation technology may reduce the 

needs for physical aids to navigation; 

(4) recommendations for changes to physical aids to navigation and the distribution of such aids that reduce the need 

for the acquisition of vessels to replace the vessels described 

in subsection (a); 

(5) a schedule for the acquisition of vessels to replace 

the vessels described in subsection (a), including the date on 

which the first vessel will be delivered; 

(6) the date such acquisition will be complete; 

(7) a description of the order and location of replacement 

vessels; 

(8) an estimate of the cost per vessel and of the total 

cost of the acquisition program of record; and 

(9) an analysis of whether existing vessels can be used. 

SEC. 820. GREAT LAKES ICEBREAKER ACQUISITION. 

(a) ICEBREAKING ON THE GREAT LAKES.—For fiscal years 2018 

and 2019, the Commandant of the Coast Guard may use funds 

made available pursuant to section 4902 of title 14, United States 

Code, as amended by this Act, for the construction of an icebreaker 

that is at least as capable as the Coast Guard Cutter Mackinaw 

to enhance icebreaking capacity on the Great Lakes. 

(b) ACQUISITION PLAN.—Not later than 45 days after the date 

of enactment of this Act, the Commandant shall submit a plan 

to the Committee on Commerce, Science, and Transportation of 

the Senate and the Committee on Transportation and Infrastructure 

of the House of Representatives for acquiring an icebreaker 

described in subsections (a) and (b). Such plan shall include— 
S. 140—118 

(1) the details and schedule of the acquisition activities 

to be completed; and 

(2) a description of how the funding for Coast Guard 

acquisition, construction, and improvements that was appropriated under the Consolidated Appropriations Act, 2017 

(Public Law 115–31) will be allocated to support the acquisition 

activities referred to in paragraph (1). 

SEC. 821. POLAR ICEBREAKERS. 

(a) ENHANCED MAINTENANCE PROGRAM FOR THE POLAR STAR.— 

(1) IN GENERAL.—Subject to the availability of appropriations, the Commandant of the Coast Guard shall conduct an 

enhanced maintenance program on Coast Guard Cutter Polar 

Star (WAGB–10) to extend the service life of such vessel until 

at least December 31, 2025. 

(2) REQUIREMENT FOR REPORT.—Not later than 180 days 

after the date of the enactment of the Coast Guard Authorization Act of 2017, the Secretary of the department in which 

the Coast Guard is operating, in consultation with Naval Sea 

Systems Command, shall submit to the Committee on Commerce, Science, and Transportation and the Committee on 

Armed Services of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services 

of the House of Representatives a detailed report describing 

a plan to extend the service life of the Coast Guard Cutter 

Polar Star (WAGB–10) until at least December 31, 2025, 

through an enhanced maintenance program. 

(3) CONTENT.—The report required by paragraph (2) shall 

include the following: 

(A) An assessment and discussion of the enhanced 

maintenance program recommended by the National Academies of Sciences, Engineering, and Medicine’s Committee 

on Polar Icebreaker Cost Assessment in the letter report 

‘‘Acquisition and Operation of Polar Icebreakers: Fulfilling 

the Nation’s Needs’’. 

(B) An assessment and discussion of the Government 

Accountability Office’s concerns and recommendations 

regarding service life extension work on Coast Guard 

Cutter Polar Star (WAGB–10) in the report ‘‘Status of 

the Coast Guard’s Polar Icebreaking Fleet Capability and 

Recapitalization Plan’’. 

(C) Based upon a materiel condition assessment of 

the Coast Guard Cutter Polar Star (WAGB–10)— 

(i) a description of the service life extension needs 

of the vessel; 

(ii) detailed information regarding planned shipyard work for each fiscal year to meet such needs; 

and 

(iii) an estimate of the amount needed to be appropriated to complete the enhanced maintenance program. 

(D) A plan to ensure the vessel will maintain seasonally 

operational status during the enhanced maintenance program. 

(4) AUTHORIZATION OF APPROPRIATIONS.—The Commandant 

of the Coast Guard may use funds made available pursuant 

to section 4902 of title 14, United States Code, as amended 
S. 140—119 

by section 202 of this Act, for the enhanced maintenance program described in the report required by subsection (a). 

(b) COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2012; 

AMENDMENT.—Section 222 of the Coast Guard and Maritime 

Transportation Act of 2012 (Public Law 112–213), as amended, 

is further amended as follows: 

(1) by striking subsections (a) through (d); 

(2) by redesignating subsections (e) through (g) as subsections (a) through (c), respectively; 

(3) in subsection (a), as redesignated— 

(A) in the matter preceding paragraph (1), by striking 

‘‘Except as provided in subsection (c), the Commandant’’ 

and inserting ‘‘The Commandant’’; 

(B) in paragraph (1) by striking ‘‘Polar Sea or’’; 

(C) in paragraph (2) by striking ‘‘either of the vessels’’ 

and inserting ‘‘the Polar Star or the Polar Sea’’; and 

(D) in paragraph (3) by striking ‘‘either of the vessels’’ 

each place it appears and inserting ‘‘the Polar Star’’. 

SEC. 822. STRATEGIC ASSETS IN THE ARCTIC. 

(a) DEFINITION OF ARCTIC.—In this section, the term ‘‘Arctic’’ 

has the meaning given the term in section 112 of the Arctic 

Research and Policy Act of 1984 (15 U.S.C. 4111). 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the Arctic continues to grow in significance to both 

the national security interests and the economic prosperity 

of the United States; and 

(2) the Coast Guard must ensure it is positioned to respond 

to any accident, incident, or threat with appropriate assets. 

(c) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Commandant of the Coast Guard, in consultation 

with the Secretary of Defense and taking into consideration the 

Department of Defense 2016 Arctic Strategy, shall submit to the 

Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives a report on the progress toward implementing the strategic objectives described in the United States 

Coast Guard Arctic Strategy dated May 2013. 

(d) CONTENTS.—The report under subsection (c) shall include— 

(1) a description of the Coast Guard’s progress toward 

each strategic objective identified in the United States Coast 

Guard Arctic Strategy dated May 2013; 

(2) an assessment of the assets and infrastructure necessary to meet the strategic objectives identified in the United 

States Coast Guard Arctic Strategy dated May 2013 based 

on factors such as— 

(A) response time; 

(B) coverage area; 

(C) endurance on scene; 

(D) presence; and 

(E) deterrence; 

(3) an analysis of the sufficiency of the distribution of 

National Security Cutters, Offshore Patrol Cutters, and Fast 

Response Cutters both stationed in various Alaskan ports and 

in other locations to meet the strategic objectives identified 

in the United States Coast Guard Arctic Strategy, dated May 

2013; 
S. 140—120 

(4) plans to provide communications throughout the entire 

Coastal Western Alaska Captain of the Port zone to improve 

waterway safety and mitigate close calls, collisions, and other 

dangerous interactions between the shipping industry and 

subsistence hunters; 

(5) plans to prevent marine casualties, when possible, by 

ensuring vessels avoid environmentally sensitive areas and 

permanent security zones; 

(6) an explanation of— 

(A) whether it is feasible to establish a vessel traffic 

service, using existing resources or otherwise; and 

(B) whether an Arctic Response Center of Expertise 

is necessary to address the gaps in experience, skills, equipment, resources, training, and doctrine to prepare, respond 

to, and recover spilled oil in the Arctic; and 

(7) an assessment of whether sufficient agreements are 

in place to ensure the Coast Guard is receiving the information 

it needs to carry out its responsibilities. 

SEC. 823. ARCTIC PLANNING CRITERIA. 

(a) ALTERNATIVE PLANNING CRITERIA.— 

(1) IN GENERAL.—For purposes of the Oil Pollution Act 

of 1990 (33 U.S.C. 2701 et seq.), the Commandant of the Coast 

Guard may approve a vessel response plan under section 311 

of the Federal Water Pollution Control Act (33 U.S.C. 1321) 

for a vessel operating in any area covered by the Captain 

of the Port Zone (as established by the Commandant) that 

includes the Arctic, if the Commandant verifies that— 

(A) equipment required to be available for response 

under the plan has been tested and proven capable of 

operating in the environmental conditions expected in the 

area in which it is intended to be operated; and 

(B) the operators of such equipment have conducted 

training on the equipment within the area covered by such 

Captain of the Port Zone. 

(2) POST-APPROVAL REQUIREMENTS.—In approving a vessel 

response plan under paragraph (1), the Commandant shall— 

(A) require that the oil spill removal organization 

identified in the vessel response plan conduct regular exercises and drills using the response resources identified 

in the plan in the area covered by the Captain of the 

Port Zone that includes the Arctic; and 

(B) allow such oil spill removal organization to take 

credit for a response to an actual spill or release in the 

area covered by such Captain of the Port Zone, instead 

of conducting an exercise or drill required under subparagraph (A), if the oil spill removal organization— 

(i) documents which exercise or drill requirements 

were met during the response; and 

(ii) submits a request for credit to, and receives 

approval from, the Commandant. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 120 days after the date 

of enactment of this Act, the Commandant of the Coast Guard 

shall submit to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a 
S. 140—121 

report on the oil spill prevention and response capabilities 

for the area covered by the Captain of the Port Zone (as 

established by the Commandant) that includes the Arctic. 

(2) CONTENTS.—The report submitted under paragraph (1) 

shall include the following: 

(A) A description of equipment and assets available 

for response under the vessel response plans approved for 

vessels operating in the area covered by the Captain of 

the Port Zone, including details on any providers of such 

equipment and assets. 

(B) A description of the location of such equipment 

and assets, including an estimate of the time to deploy 

the equipment and assets. 

(C) A determination of how effectively such equipment 

and assets are distributed throughout the area covered 

by the Captain of the Port Zone. 

(D) A statement regarding whether the ability to maintain and deploy such equipment and assets is taken into 

account when measuring the equipment and assets available throughout the area covered by the Captain of the 

Port Zone. 

(E) A validation of the port assessment visit process 

and response resource inventory for response under the 

vessel response plans approved for vessels operating in 

the area covered by the Captain of the Port Zone. 

(F) A determination of the compliance rate with Federal vessel response plan regulations in the area covered 

by the Captain of the Port Zone during the previous 3 

years. 

(G) A description of the resources needed throughout 

the area covered by the Captain of the Port Zone to conduct 

port assessments, exercises, response plan reviews, and 

spill responses. 

(c) DEFINITION OF ARCTIC.—In this section, the term ‘‘Arctic’’ 

has the meaning given the term under section 112 of the Arctic 

Research and Policy Act of 1984 (15 U.S.C. 4111). 

SEC. 824. VESSEL RESPONSE PLAN AUDIT. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States 

shall complete and submit to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a comprehensive review of the processes and resources used by the Coast 

Guard to implement vessel response plan requirements under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 

1321). 

(b) REQUIRED ELEMENTS OF REVIEW.—The review required 

under subsection (a) shall, at a minimum, include— 

(1) a study, or an audit if appropriate, of the processes 

the Coast Guard uses— 

(A) to approve the vessel response plans referred to 

in subsection (a); 

(B) to approve alternate planning criteria used in lieu 

of National Planning Criteria in approving such plans; 

(C) to verify compliance with such plans; and 
S. 140—122 

(D) to act in the event of a failure to comply with 

the requirements of such plans; 

(2) an examination of all Federal and State agency 

resources used by the Coast Guard in carrying out the processes 

identified under paragraph (1), including— 

(A) the current staffing model and organization; 

(B) data, software, simulators, systems, or other technology, including those pertaining to weather, oil spill 

trajectory modeling, and risk management; 

(C) the total amount of time per fiscal year expended 

by Coast Guard personnel to approve and verify compliance 

with vessel response plans; and 

(D) the average amount of time expended by the Coast 

Guard for approval of, and verification of compliance with, 

a single vessel response plan; 

(3) an analysis of how, including by what means or 

methods, the processes identified under paragraph (1)— 

(A) ensure compliance with applicable law; 

(B) are implemented by the Coast Guard, including 

at the district and sector levels; 

(C) are informed by public comment and engagement 

with States, Indian Tribes, and other regional stakeholders; 

(D) ensure availability and adequate operational capability and capacity of required assets and equipment, 

including in cases in which contractual obligations may 

limit the availability of such assets and equipment for 

response; 

(E) provide for adequate asset and equipment mobilization time requirements, particularly with respect to— 

(i) calculation and establishment of such requirements; 

(ii) verifying compliance with such requirements; 

and 

(iii) factoring in weather, including specific 

regional adverse weather as defined in section 155.1020 

of title 33, Code of Federal Regulations, in calculating, 

establishing, and verifying compliance with such 

requirements; 

(F) ensure response plan updates and vessel compliance when changes occur in response planning criteria, 

asset and equipment mobilization times, or regional 

response needs, such as trends in transportation of high 

gravity oils or changes in vessel traffic volume; and 

(G) enable effective action by the Coast Guard in the 

event of a failure to comply with response plan requirements; 

(4) a determination regarding whether asset and equipment 

mobilization time requirements under approved vessel response 

plans can be met by the vessels to which they apply; and 

(5) recommendations for improving the processes identified 

under paragraph (1), including recommendations regarding the 

sufficiency of Coast Guard resources dedicated to those processes. 
S. 140—123 

SEC. 825. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED 

STATES FOR CERTAIN PURPOSES. 

For purposes of the application of subtitle II of title 46, United 

States Code, to the Volunteer (Hull Number CCA4108), the Illinois 

and Michigan Canal is deemed to not be navigable waters of the 

United States. 

SEC. 826. DOCUMENTATION OF RECREATIONAL VESSELS. 

Coast Guard personnel performing nonrecreational vessel documentation functions under subchapter II of chapter 121 of title 

46, United States Code, may perform recreational vessel documentation under section 12114 of such title in any fiscal year in which— 

(1) funds available for Coast Guard operating expenses 

may not be used for expenses incurred for recreational vessel 

documentation; 

(2) fees collected from owners of yachts and credited to 

such use are insufficient to pay expenses of recreational vessel 

documentation; and 

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

documentation. 

SEC. 827. EQUIPMENT REQUIREMENTS; EXEMPTION FROM 

THROWABLE PERSONAL FLOTATION DEVICES REQUIREMENT. 

Not later than one year after the date of enactment of this 

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

is operating shall— 

(1) prescribe regulations in part 160 of title 46, Code of 

Federal Regulations, that treat a marine throw bag, as that 

term is commonly used in the commercial whitewater rafting 

industry, as a type of lifesaving equipment; and 

(2) revise section 175.17 of title 33, Code of Federal Regulations, to exempt rafts that are 16 feet or more overall in 

length from the requirement to carry an additional throwable 

personal flotation device when such a marine throw bag is 

onboard and accessible. 

SEC. 828. VISUAL DISTRESS SIGNALS AND ALTERNATIVE USE. 

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

the Coast Guard is operating shall develop a performance standard 

for the alternative use and possession of visual distress alerting 

and locating signals as mandated by carriage requirements for 

recreational boats in subpart C of part 175 of title 33, Code of 

Federal Regulations. 

(b) REGULATIONS.—Not later than 180 days after the performance standard for alternative use and possession of visual distress 

alerting and locating signals is finalized, the Secretary shall revise 

part 175 of title 33, Code of Federal Regulations, to allow for 

carriage of such alternative signal devices. 

SEC. 829. RADAR REFRESHER TRAINING. 

Not later than 60 days after the date of enactment of this 

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

is operating shall prescribe a final rule eliminating the requirement 

that a mariner actively using the mariner’s credential complete 

an approved refresher or recertification course to maintain a radar 
S. 140—124 

observer endorsement. This rulemaking shall be exempt from chapters 5 and 6 of title 5, United States Code, and Executive Orders 

12866 and 13563. 

SEC. 830. COMMERCIAL FISHING VESSEL SAFETY NATIONAL COMMUNICATIONS PLAN. 

(a) REQUIREMENT FOR PLAN.—Not later than 1 year after the 

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

in which the Coast Guard is operating shall develop and submit 

to the Committee on Commerce, Science, and Transportation of 

the Senate and the Committee on Transportation and Infrastructure 

of the House of Representatives a national communications plan 

for the purposes of— 

(1) disseminating information to the commercial fishing 

vessel industry; 

(2) conducting outreach with the commercial fishing vessel 

industry; 

(3) facilitating interaction with the commercial fishing 

vessel industry; and 

(4) releasing information collected under section 15102 of 

title 46, United States Code, as added by this Act, to the 

commercial fishing vessel industry. 

(b) CONTENT.—The plan required by subsection (a), and each 

annual update, shall— 

(1) identify staff, resources, and systems available to the 

Secretary to ensure the widest dissemination of information 

to the commercial fishing vessel industry; 

(2) include a means to document all communication and 

outreach conducted with the commercial fishing vessel industry; 

and 

(3) include a mechanism to measure effectiveness of such 

plan. 

(c) IMPLEMENTATION.—Not later than one year after submission 

of the initial plan, the Secretary of the department in which the 

Coast Guard is operating shall implement the plan and shall at 

a minimum— 

(1) leverage Coast Guard staff, resources, and systems 

available; 

(2) monitor implementation nationwide to ensure adherence 

to plan contents; 

(3) allow each Captain of the Port to adopt the most effective strategy and means to communicate with commercial 

fishing vessel industry in that Captain of the Port Zone; 

(4) document communication and outreach; and 

(5) solicit feedback from the commercial fishing vessel 

industry. 

(d) REPORT AND UPDATES.—The Secretary of the department 

in which the Coast Guard is operating shall— 

(1) submit to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a 

report on the effectiveness of the plan to date and any updates 

to ensure maximum impact of the plan one year after the 

date of enactment of this Act, and every 4 years thereafter; 

and 
S. 140—125 

(2) include in such report input from individual Captains 

of the Port and any feedback received from the commercial 

fishing vessel industry. 

SEC. 831. ATLANTIC COAST PORT ACCESS ROUTE STUDY RECOMMENDATIONS. 

Not later than 30 days after the date of the enactment of 

the Act, the Commandant of the Coast Guard shall notify the 

Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate of action taken to carry out the recommendations contained in the final report issued by the Atlantic 

Coast Port Access Route Study (ACPARS) workgroup for which 

notice of availability was published March 14, 2016 (81 Fed. Reg. 

13307). 

SEC. 832. DRAWBRIDGES. 

Section 5 of the Act entitled ‘‘An Act making appropriations 

for the construction, repair, and preservation of certain public works 

on rivers and harbors, and for other purposes’’, approved August 

18, 1894 (33 U.S.C. 499), is amended by adding at the end the 

following: 

‘‘(d) TEMPORARY CHANGES TO DRAWBRIDGE OPERATING SCHEDULES.—Notwithstanding section 553 of title 5, United States Code, 

whenever a temporary change to the operating schedule of a drawbridge, lasting 180 days or less— 

‘‘(1) is approved— 

‘‘(A) the Secretary of the department in which the 

Coast Guard is operating shall— 

‘‘(i) issue a deviation approval letter to the bridge 

owner; and 

‘‘(ii) announce the temporary change in— 

‘‘(I) the Local Notice to Mariners; 

‘‘(II) a broadcast notice to mariners and 

through radio stations; or 

‘‘(III) such other local media as the Secretary 

considers appropriate; and 

‘‘(B) the bridge owner, except a railroad bridge owner, 

shall notify— 

‘‘(i) the public by publishing notice of the temporary change in a newspaper of general circulation 

published in the place where the bridge is located; 

‘‘(ii) the department, agency, or office of transportation with jurisdiction over the roadway that abuts 

the approaches to the bridge; and 

‘‘(iii) the law enforcement organization with jurisdiction over the roadway that abuts the approaches 

to the bridge; or 

‘‘(2) is denied, the Secretary of the department in which 

the Coast Guard is operating shall— 

‘‘(A) not later than 10 days after the date of receipt 

of the request, provide the bridge owner in writing the 

reasons for the denial, including any supporting data and 

evidence used to make the determination; and 

‘‘(B) provide the bridge owner a reasonable opportunity 

to address each reason for the denial and resubmit the 

request. 
S. 140—126 

‘‘(e) DRAWBRIDGE MOVEMENTS.—The Secretary of the department in which the Coast Guard is operating— 

‘‘(1) shall require a drawbridge operator to record each 

movement of the drawbridge in a logbook; 

‘‘(2) may inspect the logbook to ensure drawbridge movement is in accordance with the posted operating schedule; 

‘‘(3) shall review whether deviations from the posted operating schedule are impairing vehicular and pedestrian traffic; 

and 

‘‘(4) may determine if the operating schedule should be 

adjusted for efficiency of maritime or vehicular and pedestrian 

traffic. 

‘‘(f) REQUIREMENTS.— ‘‘(1) LOGBOOKS.—An operator of a drawbridge built across 

a navigable river or other water of the United States— 

‘‘(A) that opens the draw of such bridge for the passage 

of a vessel, shall record in a logbook— 

‘‘(i) the bridge identification and date of each 

opening; 

‘‘(ii) the bridge tender or operator for each opening; 

‘‘(iii) each time it is opened for navigation; 

‘‘(iv) each time it is closed for navigation; 

‘‘(v) the number and direction of vessels passing 

through during each opening; 

‘‘(vi) the types of vessels passing through during 

each opening; 

‘‘(vii) an estimated or known size (height, length, 

and beam) of the largest vessel passing through during 

each opening; 

‘‘(viii) for each vessel, the vessel name and registration number if easily observable; and 

‘‘(ix) all maintenance openings, malfunctions, or 

other comments; and 

‘‘(B) that remains open to navigation but closes to 

allow for trains to cross, shall record in a logbook— 

‘‘(i) the bridge identification and date of each 

opening and closing; 

‘‘(ii) the bridge tender or operator; 

‘‘(iii) each time it is opened to navigation; 

‘‘(iv) each time it is closed to navigation; and 

‘‘(v) all maintenance openings, closings, malfunctions, or other comments. 

‘‘(2) MAINTENANCE OF LOGBOOKS.—A drawbridge operator 

shall maintain logbooks required under paragraph (1) for not 

less than 5 years. 

‘‘(3) SUBMISSION OF LOGBOOKS.—At the request of the Secretary of the department in which the Coast Guard is operating, 

a drawbridge operator shall submit to the Secretary the logbook 

required under paragraph (1) as the Secretary considers necessary to carry out this section. 

‘‘(4) EXEMPTION.—The requirements under paragraph (1) 

shall be exempt from sections 3501 to 3521 of title 44, United 

States Code.’’. 

SEC. 833. WAIVER. 

Section 8902 of title 46, United States Code, shall not apply 

to the chain ferry DIANE (United States official number CG002692) 
S. 140—127 

when such vessel is operating on the Kalamazoo River in Saugatuck, 

Michigan. 

SEC. 834. FIRE-RETARDANT MATERIALS. 

Section 3503 of title 46, United States Code, is amended to 

read as follows: 

‘‘§ 3503. Fire-retardant materials 

‘‘(a)(1) A passenger vessel of the United States having berth 

or stateroom accommodations for at least 50 passengers shall be 

granted a certificate of inspection only if— 

‘‘(A) the vessel is constructed of fire-retardant materials; and 

‘‘(B) the vessel— 

‘‘(i) is operating engines, boilers, main electrical 

distribution panels, fuel tanks, oil tanks, and generators that meet current Coast Guard regulations; and 

‘‘(ii) is operating boilers and main electrical generators that are contained within noncombustible enclosures equipped with fire suppression systems. 

‘‘(2) Before December 1, 2028, this subsection does not 

apply to any vessel in operation before January 1, 1968, and 

operating only within the Boundary Line. 

‘‘(b)(1) The owner or managing operator of an exempted vessel 

described in subsection (a)(2) shall— 

‘‘(A) notify in writing prospective passengers, prior to 

purchase, and each crew member that the vessel does 

not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing 

areas; 

‘‘(B) display in clearly legible font prominently throughout the vessel, including in each state room the following: 

‘THIS VESSEL FAILS TO COMPLY WITH SAFETY 

RULES AND REGULATIONS OF THE U.S. COAST 

GUARD.’; 

‘‘(C) acquire prior to the vessel entering service, and 

maintain, liability insurance in an amount to be prescribed 

by the Federal Maritime Commission; 

‘‘(D) make annual structural alteration to not less than 

10 percent of the areas of the vessel that are not constructed of fire retardant materials; 

‘‘(E) prioritize alterations in galleys, engineering areas 

of the vessel, including all spaces and compartments containing, or adjacent to spaces and compartments containing, engines, boilers, main electrical distribution 

panels, fuel tanks, oil tanks, and generators; 

‘‘(F) ensure, to the satisfaction of the Secretary, that 

the combustible fire-load has been reduced pursuant to 

subparagraph (D) during each annual inspection for certification; 

‘‘(G) ensure the vessel has multiple forms of egress 

off the vessel’s bow and stern; 

‘‘(H) provide advance notice to the Coast Guard 

regarding the structural alterations made pursuant to 

subparagraph (D) and comply with any noncombustible 

material requirements prescribed by the Coast Guard; 
S. 140—128 

‘‘(I) annually notify all ports of call and State emergency management offices of jurisdiction that the vessel 

does not comply with the requirement under subsection 

(a)(1); 

‘‘(J) provide crewmembers manning such vessel shipboard training that— 

‘‘(i) is specialized for exempted vessels; 

‘‘(ii) exceeds requirements related to standards for 

firefighting training under chapter I of title 46, Code 

of Federal Regulations, as in effect on October 1, 2017; 

and 

‘‘(iii) is approved by the Coast Guard; and 

‘‘(K) to the extent practicable, take all steps to retain 

previously trained crew knowledgeable of such vessel or 

to hire crew trained in operations aboard exempted vessels. 

‘‘(2) The owner or managing operator of an exempted vessel 

described in subsection (a)(2) may not disclaim liability to a 

passenger or crew member of such vessel for death, injury, 

or any other loss caused by fire due to the negligence of the 

owner or managing operator. 

‘‘(3) The Secretary shall— 

‘‘(A) conduct an annual audit and inspection of each 

exempted vessel described in subsection (a)(2); 

‘‘(B) in implementing subparagraph (b)(1)(F), consider, 

to the extent practicable, the goal of preservation of the 

historic integrity of such vessel in areas carrying or accessible to passengers or generally visible to the public; and 

‘‘(C) prescribe regulations to carry out this section, 

including to prescribe the manner in which prospective 

passengers are to be notified under paragraph (1)(A). 

‘‘(4) The penalties provided in section 3504(c) of this title 

shall apply to a violation of this subsection. 

‘‘(c) In addition to otherwise applicable penalties, the Secretary 

may immediately withdraw a certificate of inspection for an 

exempted vessel described in subsection (a)(2) that does not comply 

with any requirement under subsection (b).’’. 

SEC. 835. VESSEL WAIVER. 

(a) IN GENERAL.—Upon the date of enactment of this Act and 

notwithstanding sections 12112(a)(2)(A) and 12113(a)(2) of title 46, 

United States Code, the Secretary shall issue a certificate of documentation with coastwise and fishery endorsements to the certificated vessel. 

(b) REPLACEMENT VESSEL.—The certificated vessel shall qualify 

as a replacement vessel for the vessel ‘‘AMERICA NO.1’’ (United 

States official number 610654) and not be precluded from operating 

as an Amendment 80 replacement vessel under the provisions of 

part 679 of title 50, Code of Federal Regulations. 

(c) COAST GUARD REVIEW AND DETERMINATION.— 

(1) REVIEW.—Not later than 30 days after the date of 

enactment of this Act, the Secretary shall conduct a review 

of the use of certain foreign fabricated steel components in 

the hull or superstructure of the certificated vessel. 

(2) DETERMINATION.—Based on the review conducted under 

paragraph (1), the Secretary shall determine whether the shipyard that constructed the certificated vessel or the purchaser 

of the certificated vessel knew before such components were 
S. 140—129 

procured or installed that the use of such components would 

violate requirements under sections 12112(a)(2)(A) and 

12113(a)(2) of title 46, United States Code. 

(3) REVOCATION.—If the Secretary determines under paragraph (2) that the shipyard that constructed the certificated 

vessel or the purchaser of the certificated vessel knew before 

such components were procured or installed that the use of 

such components would violate requirements under sections 

12112(a)(2)(A) and 12113(a)(2) of title 46, United States Code, 

the Secretary shall immediately revoke the certificate of documentation issued under subsection (a). 

(4) USE OF DOCUMENTS.—In conducting the review required 

under paragraph (1), the Secretary may request and review 

any information, correspondence, or documents related to the 

construction of the certificated vessel, including from the shipyard that constructed the certificated vessel and the purchaser 

of the certificated vessel. 

(d) TERMINATION.—If the contract for purchase of the certificated vessel that is in effect on the date of enactment of this 

Act is terminated, the purchasing party to that contract shall be 

prohibited from entering into a subsequent contract or agreement 

for purchase of such vessel. 

(e) DEFINITIONS.—In this section: 

(1) CERTIFICATED VESSEL.—The term ‘‘certificated vessel’’ 

means the vessel America’s Finest (United States official 

number 1276760). 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the department in which the Coast Guard is operating, 

acting through the Commandant of the Coast Guard. 

SEC. 836. TEMPORARY LIMITATIONS. 

(a) LIMITATIONS.— 

(1) IN GENERAL.—Upon the Coast Guard issuing a certificate of documentation with coastwise and fishery endorsements 

for the vessel ‘‘AMERICA’S FINEST’’ (United States official 

number 1276760) and during any period such certificate is 

in effect, and subject to subsection (b), the total amount of 

groundfish harvested with respect to subparagraph (A) or the 

total amount of deliveries processed from other vessels with 

respect to subparagraph (B) by the vessels described in paragraph (2) shall not collectively exceed— 

(A) the percentage of the harvest available in any 

Gulf of Alaska groundfish fisheries (other than fisheries 

subject to a limited access privilege program created by 

the North Pacific Fishery Management Council) that is 

equivalent to the total harvest by the vessels described 

in paragraph (2) in those fisheries in the calendar years 

that a vessel described in paragraph (2) had harvest from 

2012 through 2017 relative to the total allowable catch 

available to such vessels in the calendar years 2012 through 

2017; or 

(B) the percentage of processing of deliveries from other 

vessels in any Bering Sea, Aleutian Islands, and Gulf of 

Alaska groundfish fisheries (including fisheries subject to 

a limited access privilege program created by the North 

Pacific Fishery Management Council, or community 

development quotas as described in section 305(i) of the 
S. 140—130 

Magnuson-Stevens Fishery Conservation and Management 

Act (16 U.S.C. 1855(i))) that is equivalent to the total 

processing of such deliveries by the vessels described in 

paragraph (2) in those fisheries in the calendar years 2012 

through 2017 relative to the total allowable catch available 

in the calendar years 2012 through 2017. 

(2) APPLICABLE VESSELS.—The limitations described in 

paragraph (1) shall apply, in the aggregate, to— 

(A) the vessel AMERICA’S FINEST (United States official number 1276760); 

(B) the vessel US INTREPID (United States official 

number 604439); 

(C) the vessel AMERICAN NO. 1 (United States official 

number 610654); 

(D) any replacement of a vessel described in subparagraph (A), (B), or (C); and 

(E) any vessel assigned license number LLG3217 under 

the license limitation program under part 679 of title 50, 

Code of Federal Regulations. 

(b) EXPIRATION.—The limitations described in subsection (a) 

shall apply to a groundfish species in Bering Sea, Aleutian Islands, 

and Gulf of Alaska only until the earlier of— 

(1) the end of the 6-year period beginning on the date 

of enactment of this Act; or 

(2) the date on which the Secretary of Commerce issues 

a final rule, based on recommendations developed by the North 

Pacific Fishery Management Council consistent with the 

Magnuson-Stevens Fishery Conservation and Management Act 

(16 U.S.C. 1801 et seq.), that limits processing deliveries of 

that groundfish species from other vessels in any Bering Sea, 

Aleutian Islands, and Gulf of Alaska groundfish fisheries that 

are not subject to conservation and management measures 

under section 206 of the American Fisheries Act (16 U.S.C. 

1851 note). 

(c) EXISTING AUTHORITY.—Except for the measures required 

by this section, nothing in this title shall be construed to limit 

the authority of the North Pacific Fishery Management Council 

or the Secretary of Commerce under the Magnuson-Stevens Fishery 

Conservation and Management Act (16 U.S.C. 1801 et seq.). 

SEC. 837. TRANSFER OF COAST GUARD PROPERTY IN JUPITER ISLAND, 

FLORIDA, FOR INCLUSION IN HOBE SOUND NATIONAL 

WILDLIFE REFUGE. 

(a) TRANSFER.—Administrative jurisdiction over the property 

described in subsection (b) is transferred to the Secretary of the 

Interior. 

(b) PROPERTY DESCRIBED.—The property described in this subsection is real property administered by the Coast Guard in the 

Town of Jupiter Island, Florida, comprising Parcel #35–38–42– 

004–000–02590–6 (Bon Air Beach lots 259 and 260 located at 83 

North Beach Road) and Parcel #35–38–42–004–000–02610–2 (Bon 

Air Beach lots 261 to 267), including any improvements thereon 

that are not authorized or required by another provision of law 

to be conveyed to another person. 

(c) ADMINISTRATION.—The property described in subsection (b) 

is included in Hobe Sound National Wildlife Refuge, and shall 
S. 140—131 

be administered by the Secretary of the Interior acting through 

the United States Fish and Wildlife Service. 

SEC. 838. EMERGENCY RESPONSE. 

Not later than 90 days after the date of enactment of this 

Act, the Commandant of the Coast Guard shall request the National 

Offshore Safety Advisory Committee to examine whether there are 

unnecessary regulatory barriers to the use of small passenger vessels, crewboats, and offshore supply vessels in disaster response 

and provide recommendations, as appropriate, to reduce such barriers. 

SEC. 839. DRAWBRIDGES CONSULTATION. 

(a) CONSULTATION.—In addition and subsequent to any rulemaking conducted under section 117.8 of title 33, Code of Federal 

Regulations, related to permanent changes to drawbridge openings 

that result from Amtrak service between New Orleans, Louisiana 

and Orlando, Florida, the Commandant shall consult with owners 

or operators of rail lines used for Amtrak passenger service between 

New Orleans, Louisiana and Orlando, Florida and affected waterway users on changes to drawbridge operating schedules necessary 

to facilitate the On Time Performance of passenger trains. These 

changes to schedules shall not impact Coast Guard response times 

to operational missions. 

(b) TIMING.—Consultation in subsection (a) shall occur after 

commencement of Amtrak passenger service on the rail lines 

between New Orleans, Louisiana and Orlando, Florida at the following intervals: 

(1) Not less than 3 months following the commencement 

of Amtrak passenger service. 

(2) Not less than 6 months following the commencement 

of Amtrak passenger service. 

(c) REPORT.—If after conducting the consultations required by 

subsection (b)(2), the Commandant finds that permanent changes 

to drawbridge operations are necessary to mitigate delays in the 

movement of trains described in subsection (a) and that those 

changes do not unreasonably obstruct the navigability of the 

affected waterways, then the Commandant shall submit those 

findings to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and 

Infrastructure of the House of Representatives. 

TITLE IX—VESSEL INCIDENTAL 

DISCHARGE ACT 

SEC. 901. SHORT TITLE. 

This title may be cited as the ‘‘Vessel Incidental Discharge 

Act of 2018’’. 

SEC. 902. PURPOSES; FINDINGS. 

(a) PURPOSES.—The purposes of this title are— 

(1) to provide for the establishment of uniform, environmentally sound standards and requirements for the management of discharges incidental to the normal operation of a 

vessel; 
S. 140—132 

(2) to charge the Environmental Protection Agency with 

primary responsibility for establishing standards relating to 

the discharge of pollutants from vessels; 

(3) to charge the Coast Guard with primary responsibility 

for prescribing, administering, and enforcing regulations, consistent with the discharge standards established by the 

Environmental Protection Agency, for the design, construction, 

installation, and operation of the equipment and management 

practices required onboard vessels; and 

(4) to preserve the flexibility of States, political subdivisions, and certain regions with respect to the administration 

and enforcement of standards relating to the discharge of pollutants from vessels engaged in maritime commerce and transportation. 

(b) FINDINGS.—Congress finds that— 

(1) the Environmental Protection Agency is the principal 

Federal authority charged under the Federal Water Pollution 

Control Act (33 U.S.C. 1251 et seq.) with regulating through 

the issuance of permits for the discharge of pollutants into 

the navigable waters of the United States; 

(2) the Coast Guard is the principal Federal authority 

charged with administering, enforcing, and prescribing regulations relating to the discharge of pollutants from vessels; and 

(3) during the period of 1973 to 2010— 

(A) the Environmental Protection Agency promulgated 

regulations exempting certain discharges incidental to the 

normal operation of vessels from otherwise applicable 

permitting requirements of the Federal Water Pollution 

Control Act (33 U.S.C. 1251 et seq.); and 

(B) Congress enacted laws on numerous occasions governing the regulation of discharges incidental to the normal 

operation of vessels, including— 

(i) the Act to Prevent Pollution from Ships (33 

U.S.C. 1901 et seq.); 

(ii) the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.); 

(iii) the National Invasive Species Act of 1996 (16 

U.S.C. 4701 note; Public Law 104–332); 

(iv) section 415 of the Coast Guard Authorization 

Act of 1998 (Public Law 105–383; 112 Stat. 3434) and 

section 623 of the Coast Guard and Maritime Transportation Act of 2004 (33 U.S.C. 1901 note; Public Law 

108–293), which established interim and permanent 

requirements, respectively, for the regulation of vessel 

discharges of certain bulk cargo residue; 

(v) title XIV of division B of Appendix D of the 

Consolidated Appropriations Act, 2001 (Public Law 

106–554; 114 Stat. 2763A–315), which prohibited or 

limited certain vessel discharges in certain areas of 

Alaska; 

(vi) section 204 of the Maritime Transportation 

Security Act of 2002 (33 U.S.C. 1902a), which established requirements for the regulation of vessel discharges of agricultural cargo residue material in the 

form of hold washings; and 

(vii) title X of the Coast Guard Authorization Act 

of 2010 (33 U.S.C. 3801 et seq.), which provided for 
S. 140—133 

the implementation of the International Convention 

on the Control of Harmful Anti-Fouling Systems on 

Ships, 2001. 

SEC. 903. STANDARDS FOR DISCHARGES INCIDENTAL TO NORMAL 

OPERATION OF VESSELS. 

(a) UNIFORM NATIONAL STANDARDS.— 

(1) IN GENERAL.—Section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322) is amended by adding at 

the end the following: 

‘‘(p) UNIFORM NATIONAL STANDARDS FOR DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS.— 

‘‘(1) DEFINITIONS.—In this subsection: 

‘‘(A) AQUATIC NUISANCE SPECIES.—The term ‘aquatic 

nuisance species’ means a nonindigenous species that 

threatens— 

‘‘(i) the diversity or abundance of a native species; 

‘‘(ii) the ecological stability of— 

‘‘(I) waters of the United States; or 

‘‘(II) waters of the contiguous zone; or 

‘‘(iii) a commercial, agricultural, aquacultural, or 

recreational activity that is dependent on— 

‘‘(I) waters of the United States; or 

‘‘(II) waters of the contiguous zone. 

‘‘(B) BALLAST WATER.— 

‘‘(i) IN GENERAL.—The term ‘ballast water’ means 

any water, suspended matter, and other materials 

taken onboard a vessel— 

‘‘(I) to control or maintain trim, draught, stability, or stresses of the vessel, regardless of the 

means by which any such water or suspended 

matter is carried; or 

‘‘(II) during the cleaning, maintenance, or 

other operation of a ballast tank or ballast water 

management system of the vessel. 

‘‘(ii) EXCLUSION.—The term ‘ballast water’ does not 

include any substance that is added to the water 

described in clause (i) that is directly related to the 

operation of a properly functioning ballast water 

management system. 

‘‘(C) BALLAST WATER DISCHARGE STANDARD.—The term 

‘ballast water discharge standard’ means— 

‘‘(i) the numerical ballast water discharge standard 

established by section 151.1511 or 151.2030 of title 

33, Code of Federal Regulations (or successor regulations); or 

‘‘(ii) if a standard referred to in clause (i) is superseded by a numerical standard of performance under 

this subsection, that superseding standard. 

‘‘(D) BALLAST WATER EXCHANGE.—The term ‘ballast 

water exchange’ means the replacement of water in a ballast water tank using 1 of the following methods: 

‘‘(i) Flow-through exchange, in which ballast water 

is flushed out by pumping in midocean water at the 

bottom of the tank if practicable, and continuously 

overflowing the tank from the top, until 3 full volumes 
S. 140—134 

of water have been changed to minimize the number 

of original organisms remaining in the tank. 

‘‘(ii) Empty and refill exchange, in which ballast 

water taken on in ports, estuarine waters, or territorial 

waters is pumped out until the pump loses suction, 

after which the ballast tank is refilled with midocean 

water. 

‘‘(E) BALLAST WATER MANAGEMENT SYSTEM.—The term 

‘ballast water management system’ means any marine 

pollution control device (including all ballast water treatment equipment, ballast tanks, pipes, pumps, and all associated control and monitoring equipment) that processes 

ballast water— 

‘‘(i) to kill, render nonviable, or remove organisms; 

or 

‘‘(ii) to avoid the uptake or discharge of organisms. 

‘‘(F) BEST AVAILABLE TECHNOLOGY ECONOMICALLY

ACHIEVABLE.—The term ‘best available technology economically achievable’ means— 

‘‘(i) best available technology economically achievable (within the meaning of section 301(b)(2)(A)); 

‘‘(ii) best available technology (within the meaning 

of section 304(b)(2)(B)); and 

‘‘(iii) best available technology, as determined in 

accordance with section 125.3(d)(3) of title 40, Code 

of Federal Regulations (or successor regulations). 

‘‘(G) BEST CONVENTIONAL POLLUTANT CONTROL TECHNOLOGY.—The term ‘best conventional pollutant control 

technology’ means— 

‘‘(i) best conventional pollutant control technology 

(within the meaning of section 301(b)(2)(E)); 

‘‘(ii) best conventional pollutant control technology 

(within the meaning of section 304(b)(4)); and 

‘‘(iii) best conventional pollutant control technology, as determined in accordance with section 

125.3(d)(2) of title 40, Code of Federal Regulations 

(or successor regulations). 

‘‘(H) BEST MANAGEMENT PRACTICE.— 

‘‘(i) IN GENERAL.—The term ‘best management 

practice’ means a schedule of activities, prohibitions 

of practices, maintenance procedures, and other 

management practices to prevent or reduce the pollution of— 

‘‘(I) the waters of the United States; or 

‘‘(II) the waters of the contiguous zone. 

‘‘(ii) INCLUSIONS.—The term ‘best management 

practice’ includes any treatment requirement, operating procedure, or practice to control— 

‘‘(I) vessel runoff; 

‘‘(II) spillage or leaks; 

‘‘(III) sludge or waste disposal; or 

‘‘(IV) drainage from raw material storage. 

‘‘(I) BEST PRACTICABLE CONTROL TECHNOLOGY CURRENTLY AVAILABLE.—The term ‘best practicable control 

technology currently available’ means— 

‘‘(i) best practicable control technology currently 

available (within the meaning of section 301(b)(1)(A)); 
S. 140—135 

‘‘(ii) best practicable control technology currently 

available (within the meaning of section 304(b)(1)); 

and 

‘‘(iii) best practicable control technology currently 

available, as determined in accordance with section 

125.3(d)(1) of title 40, Code of Federal Regulations 

(or successor regulations). 

‘‘(J) CAPTAIN OF THE PORT ZONE.—The term ‘Captain 

of the Port Zone’ means a Captain of the Port Zone established by the Secretary pursuant to sections 92, 93, and 

633 of title 14, United States Code. 

‘‘(K) EMPTY BALLAST TANK.—The term ‘empty ballast 

tank’ means a tank that— 

‘‘(i) has previously held ballast water that has 

been drained to the limit of the functional or operational capabilities of the tank (such as loss of suction); 

‘‘(ii) is recorded as empty on a vessel log; and 

‘‘(iii) contains unpumpable residual ballast water 

and sediment. 

‘‘(L) GREAT LAKES COMMISSION.—The term ‘Great 

Lakes Commission’ means the Great Lakes Commission 

established by article IV A of the Great Lakes Compact 

to which Congress granted consent in the Act of July 24, 

1968 (Public Law 90–419; 82 Stat. 414). 

‘‘(M) GREAT LAKES STATE.—The term ‘Great Lakes 

State’ means any of the States of— 

‘‘(i) Illinois; 

‘‘(ii) Indiana; 

‘‘(iii) Michigan; 

‘‘(iv) Minnesota; 

‘‘(v) New York; 

‘‘(vi) Ohio; 

‘‘(vii) Pennsylvania; and 

‘‘(viii) Wisconsin. 

‘‘(N) GREAT LAKES SYSTEM.—The term ‘Great Lakes 

System’ has the meaning given the term in section 

118(a)(3). 

‘‘(O) INTERNAL WATERS.—The term ‘internal waters’ has 

the meaning given the term in section 2.24 of title 33, 

Code of Federal Regulations (or a successor regulation). 

‘‘(P) MARINE POLLUTION CONTROL DEVICE.—The term 

‘marine pollution control device’ means any equipment or 

management practice (or combination of equipment and 

a management practice), for installation or use onboard 

a vessel, that is— 

‘‘(i) designed to receive, retain, treat, control, or 

discharge a discharge incidental to the normal operation of a vessel; and 

‘‘(ii) determined by the Administrator and the Secretary to be the most effective equipment or management practice (or combination of equipment and a 

management practice) to reduce the environmental 

impacts of the discharge, consistent with the factors 

for consideration described in paragraphs (4) and (5). 

‘‘(Q) NONINDIGENOUS SPECIES.—The term ‘nonindigenous species’ means an organism of a species that enters 

an ecosystem beyond the historic range of the species. 
S. 140—136 

‘‘(R) ORGANISM.—The term ‘organism’ includes— 

‘‘(i) an animal, including fish and fish eggs and 

larvae; 

‘‘(ii) a plant; 

‘‘(iii) a pathogen; 

‘‘(iv) a microbe; 

‘‘(v) a virus; 

‘‘(vi) a prokaryote (including any archean or bacterium); 

‘‘(vii) a fungus; and 

‘‘(viii) a protist. 

‘‘(S) PACIFIC REGION.— 

‘‘(i) IN GENERAL.—The term ‘Pacific Region’ means 

any Federal or State water— 

‘‘(I) adjacent to the State of Alaska, California, 

Hawaii, Oregon, or Washington; and 

‘‘(II) extending from shore. 

‘‘(ii) INCLUSION.—The term ‘Pacific Region’ includes 

the entire exclusive economic zone (as defined in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 

2701)) adjacent to each State described in clause (i)(I). 

‘‘(T) PORT OR PLACE OF DESTINATION.—The term ‘port 

or place of destination’ means a port or place to which 

a vessel is bound to anchor or moor. 

‘‘(U) RENDER NONVIABLE.—The term ‘render nonviable’, 

with respect to an organism in ballast water, means the 

action of a ballast water management system that renders 

the organism permanently incapable of reproduction following treatment. 

‘‘(V) SALTWATER FLUSH.— 

‘‘(i) IN GENERAL.—The term ‘saltwater flush’ 

means— 

‘‘(I)(aa) the addition of as much midocean 

water into each empty ballast tank of a vessel 

as is safe for the vessel and crew; and 

‘‘(bb) the mixing of the flushwater with 

residual ballast water and sediment through the 

motion of the vessel; and 

‘‘(II) the discharge of that mixed water, such 

that the resultant residual water remaining in 

the tank— 

‘‘(aa) has the highest salinity possible; and 

‘‘(bb) is at least 30 parts per thousand. 

‘‘(ii) MULTIPLE SEQUENCES.—For purposes of clause 

(i), a saltwater flush may require more than 1 fillmix-empty sequence, particularly if only small quantities of water can be safely taken onboard a vessel 

at 1 time. 

‘‘(W) SECRETARY.—The term ‘Secretary’ means the Secretary of the department in which the Coast Guard is 

operating. 

‘‘(X) SMALL VESSEL GENERAL PERMIT.—The term ‘Small 

Vessel General Permit’ means the permit that is the subject 

of the notice of final permit issuance entitled ‘Final 

National Pollutant Discharge Elimination System (NPDES) 

Small Vessel General Permit for Discharges Incidental to 
S. 140—137 

the Normal Operation of Vessels Less Than 79 Feet’ (79 

Fed. Reg. 53702 (September 10, 2014)). 

‘‘(Y) SMALL VESSEL OR FISHING VESSEL.—The term 

‘small vessel or fishing vessel’ means a vessel that is— 

‘‘(i) less than 79 feet in length; or 

‘‘(ii) a fishing vessel, fish processing vessel, or fish 

tender vessel (as those terms are defined in section 

2101 of title 46, United States Code), regardless of 

the length of the vessel. 

‘‘(Z) VESSEL GENERAL PERMIT.—The term ‘Vessel General Permit’ means the permit that is the subject of the 

notice of final permit issuance entitled ‘Final National 

Pollutant Discharge Elimination System (NPDES) General 

Permit for Discharges Incidental to the Normal Operation 

of a Vessel’ (78 Fed. Reg. 21938 (April 12, 2013)). 

‘‘(2) APPLICABILITY.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), this subsection applies to— 

‘‘(i) any discharge incidental to the normal operation of a vessel; and 

‘‘(ii) any discharge incidental to the normal operation of a vessel (such as most graywater) that is 

commingled with sewage, subject to the conditions 

that— 

‘‘(I) nothing in this subsection prevents a State 

from regulating sewage discharges; and 

‘‘(II) any such commingled discharge shall 

comply with all applicable requirements of— 

‘‘(aa) this subsection; and 

‘‘(bb) any law applicable to discharges of 

sewage. 

‘‘(B) EXCLUSION.—This subsection does not apply to 

any discharge incidental to the normal operation of a 

vessel— 

‘‘(i) from— 

‘‘(I) a vessel of the Armed Forces subject to 

subsection (n); 

‘‘(II) a recreational vessel subject to subsection 

(o); 

‘‘(III) a small vessel or fishing vessel, except 

that this subsection shall apply to any discharge 

of ballast water from a small vessel or fishing 

vessel; or 

‘‘(IV) a floating craft that is permanently 

moored to a pier, including a ‘floating’ casino, hotel, 

restaurant, or bar; 

‘‘(ii) of ballast water from a vessel— 

‘‘(I) that continuously takes on and discharges 

ballast water in a flow-through system, if the 

Administrator determines that system cannot 

materially contribute to the spread or introduction 

of an aquatic nuisance species into waters of the 

United States; 

‘‘(II) in the National Defense Reserve Fleet 

that is scheduled for disposal, if the vessel does 

not have an operable ballast water management 

system; 
S. 140—138 

‘‘(III) that discharges ballast water consisting 

solely of water taken onboard from a public or 

commercial source that, at the time the water 

is taken onboard, meets the applicable requirements or permit requirements of the Safe Drinking 

Water Act (42 U.S.C. 300f et seq.); 

‘‘(IV) that carries all permanent ballast water 

in sealed tanks that are not subject to discharge; 

or 

‘‘(V) that only discharges ballast water into 

a reception facility; or 

‘‘(iii) that results from, or contains material derived 

from, an activity other than the normal operation of 

the vessel, such as material resulting from an industrial or manufacturing process onboard the vessel. 

‘‘(3) CONTINUATION IN EFFECT OF EXISTING REQUIREMENTS.— 

‘‘(A) VESSEL GENERAL PERMIT.—Notwithstanding the 

expiration date of the Vessel General Permit or any other 

provision of law, all provisions of the Vessel General Permit 

shall remain in force and effect, and shall not be modified, 

until the applicable date described in subparagraph (C). 

‘‘(B) NONINDIGENOUS AQUATIC NUISANCE PREVENTION

AND CONTROL ACT REGULATIONS.—Notwithstanding section 

903(a)(2)(A) of the Vessel Incidental Discharge Act of 2018, 

all regulations promulgated by the Secretary pursuant to 

section 1101 of the Nonindigenous Aquatic Nuisance 

Prevention and Control Act of 1990 (16 U.S.C. 4711) (as 

in effect on the day before the date of enactment of this 

subsection), including the regulations contained in subparts 

C and D of part 151 of title 33, Code of Federal Regulations, 

and subpart 162.060 of part 162 of title 46, Code of Federal 

Regulations (as in effect on the day before that date of 

enactment), shall remain in force and effect until the 

applicable date described in subparagraph (C). 

‘‘(C) REPEAL ON EXISTENCE OF FINAL, EFFECTIVE, AND

ENFORCEABLE REQUIREMENTS.—Effective beginning on the 

date on which the requirements promulgated by the Secretary under subparagraphs (A), (B), and (C) of paragraph 

(5) with respect to every discharge incidental to the normal 

operation of a vessel that is subject to regulation under 

this subsection are final, effective, and enforceable, the 

requirements of the Vessel General Permit and the regulations described in subparagraph (B) shall have no force 

or effect. 

‘‘(4) NATIONAL STANDARDS OF PERFORMANCE FOR MARINE

POLLUTION CONTROL DEVICES AND WATER QUALITY ORDERS.— 

‘‘(A) ESTABLISHMENT.— 

‘‘(i) IN GENERAL.—Not later than 2 years after 

the date of enactment of this subsection, the Administrator, in concurrence with the Secretary (subject to 

clause (ii)), and in consultation with interested Governors (subject to clause (iii)), shall promulgate Federal 

standards of performance for marine pollution control 

devices for each type of discharge incidental to the 

normal operation of a vessel that is subject to regulation under this subsection. 
S. 140—139 

‘‘(ii) CONCURRENCE WITH SECRETARY.— 

‘‘(I) REQUEST.—The Administrator shall 

submit to the Secretary a request for written 

concurrence with respect to a proposed standard 

of performance under clause (i). 

‘‘(II) EFFECT OF FAILURE TO CONCUR.—A 

failure by the Secretary to concur with the 

Administrator under clause (i) by the date that 

is 60 days after the date on which the Administrator submits a request for concurrence under 

subclause (I) shall not prevent the Administrator 

from promulgating the relevant standard of 

performance in accordance with the deadline under 

clause (i), subject to the condition that the 

Administrator shall include in the administrative 

record of the promulgation— 

‘‘(aa) documentation of the request submitted under subclause (I); and 

‘‘(bb) the response of the Administrator 

to any written objections received from the 

Secretary relating to the proposed standard 

of performance during the 60-day period beginning on the date of submission of the request. 

‘‘(iii) CONSULTATION WITH GOVERNORS.— 

‘‘(I) IN GENERAL.—The Administrator, in 

promulgating a standard of performance under 

clause (i), shall develop the standard of performance— 

‘‘(aa) in consultation with interested Governors; and 

‘‘(bb) in accordance with the deadlines 

under that clause. 

‘‘(II) PROCESS.—The Administrator shall 

develop a process for soliciting input from 

interested Governors, including information 

sharing relevant to such process, to allow 

interested Governors to inform the development 

of standards of performance under clause (i). 

‘‘(III) OBJECTION BY GOVERNORS.— 

‘‘(aa) SUBMISSION.—An interested Governor that objects to a proposed standard of 

performance under clause (i) may submit to 

the Administrator in writing a detailed objection to the proposed standard of performance, 

describing the scientific, technical, or operational factors that form the basis of the objection. 

‘‘(bb) RESPONSE.—Before finalizing a 

standard of performance under clause (i) that 

is subject to an objection under item (aa) from 

1 or more interested Governors, the Administrator shall provide a written response to each 

interested Governor that submitted an objection under that item that details the scientific, 

technical, or operational factors that form the 

basis for that standard of performance. 
S. 140—140 

‘‘(cc) JUDICIAL REVIEW.—A response of the 

Administrator under item (bb) shall not be 

subject to judicial review. 

‘‘(iv) PROCEDURE.—The Administrator shall 

promulgate the standards of performance under this 

subparagraph in accordance with— 

‘‘(I) this paragraph; and 

‘‘(II) section 553 of title 5, United States Code. 

‘‘(B) STRINGENCY.— 

‘‘(i) IN GENERAL.—Subject to clause (iii), the standards of performance promulgated under this paragraph 

shall require— 

‘‘(I) with respect to conventional pollutants, 

toxic pollutants, and nonconventional pollutants 

(including aquatic nuisance species), the application of the best practicable control technology currently available; 

‘‘(II) with respect to conventional pollutants, 

the application of the best conventional pollutant 

control technology; and 

‘‘(III) with respect to toxic pollutants and nonconventional pollutants (including aquatic nuisance species), the application of the best available 

technology economically achievable for categories 

and classes of vessels, which shall result in reasonable progress toward the national goal of eliminating discharges of all pollutants. 

‘‘(ii) BEST MANAGEMENT PRACTICES.—The Administrator shall require the use of best management practices to control or abate any discharge incidental to 

the normal operation of a vessel if— 

‘‘(I) numeric standards of performance are 

infeasible under clause (i); or 

‘‘(II) the best management practices are 

reasonably necessary— 

‘‘(aa) to achieve the standards of performance; or 

‘‘(bb) to carry out the purpose and intent 

of this subsection. 

‘‘(iii) MINIMUM REQUIREMENTS.—Subject to 

subparagraph (D)(ii)(II), the combination of any equipment or best management practice comprising a 

marine pollution control device shall not be less stringent than the following provisions of the Vessel General Permit: 

‘‘(I) All requirements contained in parts 2.1 

and 2.2 (relating to effluent limits and related 

requirements), including with respect to waters 

subject to Federal protection, in whole or in part, 

for conservation purposes. 

‘‘(II) All requirements contained in part 5 

(relating to vessel class-specific requirements) that 

concern effluent limits and authorized discharges 

(within the meaning of that part), including with 

respect to waters subject to Federal protection, 

in whole or in part, for conservation purposes. 
S. 140—141 

‘‘(C) CLASSES, TYPES, AND SIZES OF VESSELS.—The 

standards promulgated under this paragraph may distinguish— 

‘‘(i) among classes, types, and sizes of vessels; and 

‘‘(ii) between new vessels and existing vessels. 

‘‘(D) REVIEW AND REVISION.— 

‘‘(i) IN GENERAL.—Not less frequently than once 

every 5 years, the Administrator, in consultation with 

the Secretary, shall— 

‘‘(I) review the standards of performance in 

effect under this paragraph; and 

‘‘(II) if appropriate, revise those standards of 

performance— 

‘‘(aa) in accordance with subparagraphs 

(A) through (C); and 

‘‘(bb) as necessary to establish requirements for any discharge that is subject to regulation under this subsection. 

‘‘(ii) MAINTAINING PROTECTIVENESS.— 

‘‘(I) IN GENERAL.—Except as provided in subclause (II), the Administrator shall not revise a 

standard of performance under this subsection to 

be less stringent than an applicable existing 

requirement. 

‘‘(II) EXCEPTIONS.—The Administrator may 

revise a standard of performance to be less stringent than an applicable existing requirement— 

‘‘(aa) if information becomes available 

that— 

‘‘(AA) was not reasonably available 

when the Administrator promulgated the 

initial standard of performance or comparable requirement of the Vessel General 

Permit, as applicable (including the subsequent scarcity or unavailability of materials used to control the relevant discharge); and 

‘‘(BB) would have justified the 

application of a less-stringent standard of 

performance at the time of promulgation; 

or 

‘‘(bb) if the Administrator determines that 

a material technical mistake or misinterpretation of law occurred when promulgating the 

existing standard of performance or comparable requirement of the Vessel General 

Permit, as applicable. 

‘‘(E) BEST MANAGEMENT PRACTICES FOR AQUATIC NUISANCE SPECIES EMERGENCIES AND FURTHER PROTECTION OF

WATER QUALITY.— 

‘‘(i) IN GENERAL.—Notwithstanding any other 

provision of this subsection, the Administrator, in 

concurrence with the Secretary (subject to clause (ii)), 

and in consultation with States, may require, by order, 

the use of an emergency best management practice 

for any region or category of vessels in any case in 
S. 140—142 

which the Administrator determines that such a best 

management practice— 

‘‘(I) is necessary to reduce the reasonably 

foreseeable risk of introduction or establishment 

of an aquatic nuisance species; or 

‘‘(II) will mitigate the adverse effects of a discharge that contributes to a violation of a water 

quality requirement under section 303, other than 

a requirement based on the presence of an aquatic 

nuisance species. 

‘‘(ii) CONCURRENCE WITH SECRETARY.— 

‘‘(I) REQUEST.—The Administrator shall 

submit to the Secretary a request for written 

concurrence with respect to an order under clause 

(i). 

‘‘(II) EFFECT OF FAILURE TO CONCUR.—A 

failure by the Secretary to concur with the 

Administrator under clause (i) by the date that 

is 60 days after the date on which the Administrator submits a request for concurrence under 

subclause (I) shall not prevent the Administrator 

from issuing the relevant order, subject to the 

condition that the Administrator shall include in 

the administrative record of the issuance— 

‘‘(aa) documentation of the request submitted under subclause (I); and 

‘‘(bb) the response of the Administrator 

to any written objections received from the 

Secretary relating to the proposed order 

during the 60-day period beginning on the date 

of submission of the request. 

‘‘(iii) DURATION.—An order issued by the Administrator under clause (i) shall expire not later than the 

date that is 4 years after the date of issuance. 

‘‘(iv) EXTENSIONS.—The Administrator may reissue 

an order under clause (i) for such subsequent periods 

of not longer than 4 years as the Administrator determines to be appropriate. 

‘‘(5) IMPLEMENTATION, COMPLIANCE, AND ENFORCEMENT

REQUIREMENTS.— 

‘‘(A) ESTABLISHMENT.— 

‘‘(i) IN GENERAL.—As soon as practicable, but not 

later than 2 years, after the date on which the Administrator promulgates any new or revised standard of 

performance under paragraph (4) with respect to a 

discharge, the Secretary, in consultation with States, 

shall promulgate the regulations required under this 

paragraph with respect to that discharge. 

‘‘(ii) MINIMUM REQUIREMENTS.—Subject to 

subparagraph (C)(ii)(II), the regulations promulgated 

under this paragraph shall not be less stringent with 

respect to ensuring, monitoring, and enforcing compliance than— 

‘‘(I) the requirements contained in part 3 of 

the Vessel General Permit (relating to corrective 

actions); 
S. 140—143 

‘‘(II) the requirements contained in part 4 of 

the Vessel General Permit (relating to inspections, 

monitoring, reporting, and recordkeeping), 

including with respect to waters subject to Federal 

protection, in whole or in part, for conservation 

purposes; 

‘‘(III) the requirements contained in part 5 

of the Vessel General Permit (relating to vessel 

class-specific requirements) regarding monitoring, 

inspection, and educational and training requirements (within the meaning of that part), including 

with respect to waters subject to Federal protection, in whole or in part, for conservation purposes; 

and 

‘‘(IV) any comparable, existing requirements 

promulgated under the Nonindigenous Aquatic 

Nuisance Prevention and Control Act of 1990 (16 

U.S.C. 4701 et seq.) (including section 1101 of 

that Act (16 U.S.C. 4711) (as in effect on the 

day before the date of enactment of this subsection)) applicable to that discharge. 

‘‘(iii) COORDINATION WITH STATES.—The Secretary, 

in coordination with the Governors of the States, shall 

develop, publish, and periodically update inspection, 

monitoring, data management, and enforcement procedures for the enforcement by States of Federal standards and requirements under this subsection. 

‘‘(iv) EFFECTIVE DATE.—In determining the effective date of a regulation promulgated under this paragraph, the Secretary shall take into consideration the 

period of time necessary— 

‘‘(I) to communicate to affected persons the 

applicability of the regulation; and 

‘‘(II) for affected persons reasonably to comply 

with the regulation. 

‘‘(v) PROCEDURE.—The Secretary shall promulgate 

the regulations under this subparagraph in accordance 

with— 

‘‘(I) this paragraph; and 

‘‘(II) section 553 of title 5, United States Code. 

‘‘(B) IMPLEMENTATION REGULATIONS FOR MARINE POLLUTION CONTROL DEVICES.—The Secretary shall promulgate 

such regulations governing the design, construction, 

testing, approval, installation, and use of marine pollution 

control devices as are necessary to ensure compliance with 

the standards of performance promulgated under paragraph (4). 

‘‘(C) COMPLIANCE ASSURANCE.— 

‘‘(i) IN GENERAL.—The Secretary shall promulgate 

requirements (including requirements for vessel 

owners and operators with respect to inspections, monitoring, reporting, sampling, and recordkeeping) to 

ensure, monitor, and enforce compliance with— 

‘‘(I) the standards of performance promulgated 

by the Administrator under paragraph (4); and 

‘‘(II) the implementation regulations promulgated by the Secretary under subparagraph (B). 
S. 140—144 

‘‘(ii) MAINTAINING PROTECTIVENESS.— ‘‘(I) IN GENERAL.—Except as provided in subclause (II), the Secretary shall not revise a requirement under this subparagraph or subparagraph 

(B) to be less stringent with respect to ensuring, 

monitoring, or enforcing compliance than an 

applicable existing requirement. 

‘‘(II) EXCEPTIONS.—The Secretary may revise 

a requirement under this subparagraph or 

subparagraph (B) to be less stringent than an 

applicable existing requirement— 

‘‘(aa) in accordance with this subparagraph or subparagraph (B), as applicable; 

‘‘(bb) if information becomes available 

that— 

‘‘(AA) the Administrator determines 

was not reasonably available when the 

Administrator promulgated the existing 

requirement of the Vessel General Permit, 

or that the Secretary determines was not 

reasonably available when the Secretary 

promulgated the existing requirement 

under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 

(16 U.S.C. 4701 et seq.) or the applicable 

existing requirement under this subparagraph, as applicable (including subsequent 

scarcity or unavailability of materials used 

to control the relevant discharge); and 

‘‘(BB) would have justified the 

application of a less-stringent requirement 

at the time of promulgation; or 

‘‘(cc) if the Administrator determines that 

a material technical mistake or misinterpretation of law occurred when promulgating an 

existing requirement of the Vessel General 

Permit, or if the Secretary determines that 

a material mistake or misinterpretation of law 

occurred when promulgating an existing 

requirement under the Nonindigenous Aquatic 

Nuisance Prevention and Control Act of 1990 

(16 U.S.C. 4701 et seq.) or this subsection. 

‘‘(D) DATA AVAILABILITY.—Beginning not later than 1 

year after the date of enactment of this subsection, the 

Secretary shall provide to the Governor of a State, on 

request by the Governor, access to Automated Identification 

System arrival data for inbound vessels to specific ports 

or places of destination in the State. 

‘‘(6) ADDITIONAL PROVISIONS REGARDING BALLAST WATER.— 

‘‘(A) IN GENERAL.—In addition to the other applicable 

requirements of this subsection, the requirements of this 

paragraph shall apply with respect to any discharge incidental to the normal operation of a vessel that is a discharge of ballast water. 

‘‘(B) EMPTY BALLAST TANKS.— 

‘‘(i) REQUIREMENTS.—Except as provided in clause 

(ii), the owner or operator of a vessel with empty 
S. 140—145 

ballast tanks bound for a port or place of destination 

subject to the jurisdiction of the United States shall, 

prior to arriving at that port or place of destination, 

conduct a ballast water exchange or saltwater flush— 

‘‘(I) not less than 200 nautical miles from any 

shore for a voyage originating outside the United 

States or Canadian exclusive economic zone; or 

‘‘(II) not less than 50 nautical miles from any 

shore for a voyage originating within the United 

States or Canadian exclusive economic zone. 

‘‘(ii) EXCEPTIONS.—Clause (i) shall not apply— 

‘‘(I) if the unpumpable residual waters and 

sediments of an empty ballast tank were subject 

to treatment, in compliance with applicable 

requirements, through a type-approved ballast 

water management system approved by the Secretary; 

‘‘(II) except as otherwise required under this 

subsection, if the unpumpable residual waters and 

sediments of an empty ballast tank were sourced 

within— 

‘‘(aa) the same port or place of destination; 

or 

‘‘(bb) contiguous portions of a single Captain of the Port Zone; 

‘‘(III) if complying with an applicable requirement of clause (i)— 

‘‘(aa) would compromise the safety of the 

vessel; or 

‘‘(bb) is otherwise prohibited by any Federal, Canadian, or international law (including 

regulations) pertaining to vessel safety; 

‘‘(IV) if design limitations of the vessel prevent 

a ballast water exchange or saltwater flush from 

being conducted in accordance with clause (i); or 

‘‘(V) if the vessel is operating exclusively 

within the internal waters of the United States 

or Canada. 

‘‘(C) PERIOD OF USE OF INSTALLED BALLAST WATER

MANAGEMENT SYSTEMS.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), a vessel shall be deemed to be in compliance with 

a standard of performance for a marine pollution control device that is a ballast water management system 

if the ballast water management system— 

‘‘(I) is maintained in proper working condition, 

as determined by the Secretary; 

‘‘(II) is maintained and used in accordance 

with manufacturer specifications; 

‘‘(III) continues to meet the ballast water discharge standard applicable to the vessel at the 

time of installation, as determined by the Secretary; and 

‘‘(IV) has in effect a valid type-approval certificate issued by the Secretary. 

‘‘(ii) LIMITATION.—Clause (i) shall cease to apply 

with respect to any vessel on, as applicable— 
S. 140—146 

‘‘(I) the expiration of the service life, as determined by the Secretary, of— 

‘‘(aa) the ballast water management 

system; or 

‘‘(bb) the vessel; 

‘‘(II) the completion of a major conversion (as 

defined in section 2101 of title 46, United States 

Code) of the vessel; or 

‘‘(III) a determination by the Secretary that 

there are other type-approved systems for the 

vessel or category of vessels, with respect to the 

use of which the environmental, health, and economic benefits would exceed the costs. 

‘‘(D) REVIEW OF BALLAST WATER MANAGEMENT SYSTEM

TYPE-APPROVAL TESTING METHODS.— 

‘‘(i) DEFINITION OF LIVE; LIVING.—Notwithstanding 

any other provision of law (including regulations), for 

purposes of section 151.1511 of title 33, and part 162 

of title 46, Code of Federal Regulations (or successor 

regulations), the terms ‘live’ and ‘living’ shall not— 

‘‘(I) include an organism that has been rendered nonviable; or 

‘‘(II) preclude the consideration of any method 

of measuring the concentration of organisms in 

ballast water that are capable of reproduction. 

‘‘(ii) DRAFT POLICY.—Not later than 180 days after 

the date of enactment of this subsection, the Secretary, 

in coordination with the Administrator, shall publish 

a draft policy letter, based on the best available science, 

describing type-approval testing methods and protocols 

for ballast water management systems, if any, that— 

‘‘(I) render nonviable organisms in ballast 

water; and 

‘‘(II) may be used in addition to the methods 

established under subpart 162.060 of title 46, Code 

of Federal Regulations (or successor regulations)— 

‘‘(aa) to measure the concentration of organisms in ballast water that are capable of 

reproduction; 

‘‘(bb) to certify the performance of each 

ballast water management system under this 

subsection; and 

‘‘(cc) to certify laboratories to evaluate 

applicable treatment technologies. 

‘‘(iii) PUBLIC COMMENT.—The Secretary shall provide a period of not more than 60 days for public 

comment regarding the draft policy letter published 

under clause (ii). 

‘‘(iv) FINAL POLICY.— 

‘‘(I) IN GENERAL.—Not later than 1 year after 

the date of enactment of this subsection, the Secretary, in coordination with the Administrator, 

shall publish a final policy letter describing typeapproval testing methods, if any, for ballast water 

management systems that render nonviable organisms in ballast water. 
S. 140—147 

‘‘(II) METHOD OF EVALUATION.—The ballast 

water management systems under subclause (I) 

shall be evaluated by measuring the concentration 

of organisms in ballast water that are capable 

of reproduction based on the best available science 

that may be used in addition to the methods established under subpart 162.060 of title 46, Code of 

Federal Regulations (or successor regulations). 

‘‘(III) REVISIONS.—The Secretary shall revise 

the final policy letter under subclause (I) in any 

case in which the Secretary, in coordination with 

the Administrator, determines that additional 

testing methods are capable of measuring the concentration of organisms in ballast water that have 

not been rendered nonviable. 

‘‘(v) FACTORS FOR CONSIDERATION.—In developing 

a policy letter under this subparagraph, the Secretary, 

in coordination with the Administrator— 

‘‘(I) shall take into consideration a testing 

method that uses organism grow-out and most 

probable number statistical analysis to determine 

the concentration of organisms in ballast water 

that are capable of reproduction; and 

‘‘(II) shall not take into consideration a testing 

method that relies on a staining method that measures the concentration of— 

‘‘(aa) organisms greater than or equal to 

10 micrometers; and 

‘‘(bb) organisms less than or equal to 50 

micrometers. 

‘‘(E) INTERGOVERNMENTAL RESPONSE FRAMEWORK.— 

‘‘(i) IN GENERAL.—The Secretary, in consultation 

with the Administrator and acting in coordination with, 

or through, the Aquatic Nuisance Species Task Force 

established by section 1201(a) of the Nonindigenous 

Aquatic Nuisance Prevention and Control Act of 1990 

(16 U.S.C. 4721(a)), shall establish a framework for 

Federal and intergovernmental response to aquatic 

nuisance species risks from discharges from vessels 

subject to ballast water and incidental discharge 

compliance requirements under this subsection, 

including the introduction, spread, and establishment 

of aquatic nuisance species populations. 

‘‘(ii) BALLAST DISCHARGE RISK RESPONSE.—The 

Administrator, in coordination with the Secretary and 

taking into consideration information from the 

National Ballast Information Clearinghouse developed 

under section 1102(f) of the Nonindigenous Aquatic 

Nuisance Prevention and Control Act of 1990 (16 

U.S.C. 4712(f)), shall establish a risk assessment and 

response framework using ballast water discharge data 

and aquatic nuisance species monitoring data for the 

purposes of— 

‘‘(I) identifying and tracking populations of 

aquatic invasive species; 

‘‘(II) evaluating the risk of any aquatic nuisance species population tracked under subclause 
S. 140—148 

(I) establishing and spreading in waters of the 

United States or waters of the contiguous zone; 

and 

‘‘(III) establishing emergency best management practices that may be deployed rapidly, in 

a local or regional manner, to respond to emerging 

aquatic nuisance species threats. 

‘‘(7) PETITIONS BY GOVERNORS FOR REVIEW.— 

‘‘(A) IN GENERAL.—The Governor of a State (or a designee) may submit to the Administrator or the Secretary 

a petition— 

‘‘(i) to issue an order under paragraph (4)(E); or 

‘‘(ii) to review any standard of performance, regulation, or policy promulgated under paragraph (4), (5), 

or (6), respectively, if there exists new information 

that could reasonably result in a change to— 

‘‘(I) the standard of performance, regulation, 

or policy; or 

‘‘(II) a determination on which the standard 

of performance, regulation, or policy was based. 

‘‘(B) INCLUSION.—A petition under subparagraph (A) 

shall include a description of any applicable scientific or 

technical information that forms the basis of the petition. 

‘‘(C) DETERMINATION.— 

‘‘(i) TIMING.—The Administrator or the Secretary, 

as applicable, shall grant or deny— 

‘‘(I) a petition under subparagraph (A)(i) by 

not later than the date that is 180 days after 

the date on which the petition is submitted; and 

‘‘(II) a petition under subparagraph (A)(ii) by 

not later than the date that is 1 year after the 

date on which the petition is submitted. 

‘‘(ii) EFFECT OF GRANT.—If the Administrator or 

the Secretary determines under clause (i) to grant a 

petition— 

‘‘(I) in the case of a petition under subparagraph (A)(i), the Administrator shall immediately 

issue the relevant order under paragraph (4)(E); 

or 

‘‘(II) in the case of a petition under subparagraph (A)(ii), the Administrator or Secretary shall 

publish in the Federal Register, by not later than 

30 days after the date of that determination, a 

notice of proposed rulemaking to revise the relevant standard, requirement, regulation, or policy 

under paragraph (4), (5), or (6), as applicable. 

‘‘(iii) NOTICE OF DENIAL.—If the Administrator or 

the Secretary determines under clause (i) to deny a 

petition, the Administrator or Secretary shall publish 

in the Federal Register, by not later than 30 days 

after the date of that determination, a detailed explanation of the scientific, technical, or operational factors 

that form the basis of the determination. 

‘‘(iv) REVIEW.—A determination by the Administrator or the Secretary under clause (i) to deny a 

petition shall be— 
S. 140—149 

‘‘(I) considered to be a final agency action; 

and 

‘‘(II) subject to judicial review in accordance 

with section 509, subject to clause (v). 

‘‘(v) EXCEPTIONS.— 

‘‘(I) VENUE.—Notwithstanding section 509(b), 

a petition for review of a determination by the 

Administrator or the Secretary under clause (i) 

to deny a petition submitted by the Governor of 

a State under subparagraph (A) may be filed in 

any United States district court of competent jurisdiction. 

‘‘(II) DEADLINE FOR FILING.—Notwithstanding 

section 509(b), a petition for review of a determination by the Administrator or the Secretary under 

clause (i) shall be filed by not later than 180 days 

after the date on which the justification for the 

determination is published in the Federal Register 

under clause (iii). 

‘‘(8) PROHIBITION.— 

‘‘(A) IN GENERAL.—It shall be unlawful for any person 

to violate— 

‘‘(i) a provision of the Vessel General Permit in 

force and effect under paragraph (3)(A); 

‘‘(ii) a regulation promulgated pursuant to section 

1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711) (as 

in effect on the day before the date of enactment of 

this subsection) in force and effect under paragraph 

(3)(B); or 

‘‘(iii) an applicable requirement or regulation under 

this subsection. 

‘‘(B) COMPLIANCE WITH REGULATIONS.—Effective beginning on the effective date of a regulation promulgated 

under paragraph (4), (5), (6), or (10), as applicable, it shall 

be unlawful for the owner or operator of a vessel subject 

to the regulation— 

‘‘(i) to discharge any discharge incidental to the 

normal operation of the vessel into waters of the United 

States or waters of the contiguous zone, except in 

compliance with the regulation; or 

‘‘(ii) to operate in waters of the United States 

or waters of the contiguous zone, if the vessel is not 

equipped with a required marine pollution control 

device that complies with the requirements established 

under this subsection, unless— 

‘‘(I) the owner or operator of the vessel denotes 

in an entry in the official logbook of the vessel 

that the equipment was not operational; and 

‘‘(II) either— 

‘‘(aa) the applicable discharge was 

avoided; or 

‘‘(bb) an alternate compliance option 

approved by the Secretary as meeting the 

applicable standard was employed. 

‘‘(C) AFFIRMATIVE DEFENSE.—No person shall be found 

to be in violation of this paragraph if— 
S. 140—150 

‘‘(i) the violation was in the interest of ensuring 

the safety of life at sea, as determined by the Secretary; 

and 

‘‘(ii) the applicable emergency circumstance was 

not the result of negligence or malfeasance on the 

part of— 

‘‘(I) the owner or operator of the vessel; 

‘‘(II) the master of the vessel; or 

‘‘(III) the person in charge of the vessel. 

‘‘(D) TREATMENT.—Each day of continuing violation of 

an applicable requirement of this subsection shall constitute a separate offense. 

‘‘(E) IN REM LIABILITY.—A vessel operated in violation 

of this subsection is liable in rem for any civil penalty 

assessed for the violation. 

‘‘(F) REVOCATION OF CLEARANCE.—The Secretary shall 

withhold or revoke the clearance of a vessel required under 

section 60105 of title 46, United States Code, if the owner 

or operator of the vessel is in violation of this subsection. 

‘‘(9) EFFECT ON OTHER LAWS.— 

‘‘(A) STATE AUTHORITY.— 

‘‘(i) IN GENERAL.—Except as provided in clauses 

(ii) through (v) and paragraph (10), effective beginning 

on the date on which the requirements promulgated 

by the Secretary under subparagraphs (A), (B), and 

(C) of paragraph (5) with respect to every discharge 

incidental to the normal operation of a vessel that 

is subject to regulation under this subsection are final, 

effective, and enforceable, no State, political subdivision of a State, or interstate agency may adopt or 

enforce any law, regulation, or other requirement of 

the State, political subdivision, or interstate agency 

with respect to any such discharge. 

‘‘(ii) IDENTICAL OR LESSER STATE LAWS.—Clause 

(i) shall not apply to any law, regulation, or other 

requirement of a State, political subdivision of a State, 

or interstate agency in effect on or after the date 

of enactment of this subsection— 

‘‘(I) that is identical to a Federal requirement 

under this subsection applicable to the relevant 

discharge; or 

‘‘(II) compliance with which would be achieved 

concurrently in achieving compliance with a Federal requirement under this subsection applicable 

to the relevant discharge. 

‘‘(iii) STATE ENFORCEMENT OF FEDERAL REQUIREMENTS.—A State may enforce any standard of performance or other Federal requirement of this subsection 

in accordance with subsection (k) or other applicable 

Federal authority. 

‘‘(iv) EXCEPTION FOR CERTAIN FEES.— 

‘‘(I) IN GENERAL.—Subject to subclauses (II) 

and (III), a State that assesses any fee pursuant 

to any State or Federal law relating to the regulation of a discharge incidental to the normal operation of a vessel before the date of enactment 

of this subsection may assess or retain a fee to 
S. 140—151 

cover the costs of administration, inspection, monitoring, and enforcement activities by the State to 

achieve compliance with the applicable requirements of this subsection. 

‘‘(II) MAXIMUM AMOUNT.— 

‘‘(aa) IN GENERAL.—Except as provided in 

item (bb), a State may assess a fee for activities under this clause equal to not more than 

$1,000 against the owner or operator of a 

vessel that— 

‘‘(AA) has operated outside of that 

State; and 

‘‘(BB) arrives at a port or place of 

destination in the State (excluding movement entirely within a single port or place 

of destination). 

‘‘(bb) VESSELS ENGAGED IN COASTWISE

TRADE.—A State may assess against the owner 

or operator of a vessel registered in accordance 

with applicable Federal law and lawfully 

engaged in the coastwise trade not more than 

$5,000 in fees under this clause per vessel 

during a calendar year. 

‘‘(III) ADJUSTMENT FOR INFLATION.— 

‘‘(aa) IN GENERAL.—A State may adjust 

the amount of a fee authorized under this 

clause not more frequently than once every 

5 years to reflect the percentage by which 

the Consumer Price Index for All Urban Consumers published by the Department of Labor 

for the month of October immediately preceding the date of adjustment exceeds the Consumer Price Index for All Urban Consumers 

published by the Department of Labor for the 

month of October that immediately precedes 

the date that is 5 years before the date of 

adjustment. 

‘‘(bb) EFFECT OF SUBCLAUSE.—Nothing in 

this subclause prevents a State from adjusting 

a fee in effect before the date of enactment 

of this subsection to the applicable maximum 

amount under subclause (II). 

‘‘(cc) APPLICABILITY.—This subclause 

applies only to increases in fees to amounts 

greater than the applicable maximum amount 

under subclause (II). 

‘‘(v) ALASKA GRAYWATER.—Clause (i) shall not 

apply with respect to any discharge of graywater (as 

defined in section 1414 of the Consolidated Appropriations Act, 2001 (Public Law 106–554; 114 Stat. 2763A– 

323)) from a passenger vessel (as defined in section 

2101 of title 46, United States Code) in the State 

of Alaska (including all waters in the Alexander Archipelago) carrying 50 or more passengers. 

‘‘(vi) PRESERVATION OF AUTHORITY.—Nothing in 

this subsection preempts any State law, public initiative, referendum, regulation, requirement, or other 
S. 140—152 

State action, except as expressly provided in this subsection. 

‘‘(B) ESTABLISHED REGIMES.—Except as expressly provided in this subsection, nothing in this subsection affects 

the applicability to a vessel of any other provision of Federal law, including— 

‘‘(i) this section; 

‘‘(ii) section 311; 

‘‘(iii) the Act to Prevent Pollution from Ships (33 

U.S.C. 1901 et seq.); and 

‘‘(iv) title X of the Coast Guard Authorization Act 

of 2010 (33 U.S.C. 3801 et seq.). 

‘‘(C) PERMITTING.—Effective beginning on the date of 

enactment of this subsection— 

‘‘(i) the Small Vessel General Permit is repealed; 

and 

‘‘(ii) the Administrator, or a State in the case of 

a permit program approved under section 402, shall 

not require, or in any way modify, a permit under 

that section for— 

‘‘(I) any discharge that is subject to regulation 

under this subsection; 

‘‘(II) any discharge incidental to the normal 

operation of a vessel from a small vessel or fishing 

vessel, regardless of whether that discharge is subject to regulation under this subsection; or 

‘‘(III) any discharge described in paragraph 

(2)(B)(ii). 

‘‘(D) NO EFFECT ON CIVIL OR CRIMINAL ACTIONS.— 

Nothing in this subsection, or any standard, regulation, 

or requirement established under this subsection, modifies 

or otherwise affects, preempts, or displaces— 

‘‘(i) any cause of action; or 

‘‘(ii) any provision of Federal or State law establishing a remedy for civil relief or criminal penalty. 

‘‘(E) NO EFFECT ON CERTAIN SECRETARIAL AUTHORITY.— 

Nothing in this subsection affects the authority of the 

Secretary of Commerce or the Secretary of the Interior 

to administer any land or waters under the administrative 

control of the Secretary of Commerce or the Secretary 

of the Interior, respectively. 

‘‘(F) NO LIMITATION ON STATE INSPECTION AUTHORITY.— 

Nothing in this subsection limits the authority of a State 

to inspect a vessel pursuant to paragraph (5)(A)(iii) in 

order to monitor compliance with an applicable requirement 

of this section. 

‘‘(10) ADDITIONAL REGIONAL REQUIREMENTS.— 

‘‘(A) MINIMUM GREAT LAKES SYSTEM REQUIREMENTS.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), the owner or operator of a vessel entering the 

St. Lawrence Seaway through the mouth of the St. 

Lawrence River shall conduct a complete ballast water 

exchange or saltwater flush— 

‘‘(I) not less than 200 nautical miles from any 

shore for a voyage originating outside the United 

States or Canadian exclusive economic zone; or 
S. 140—153 

‘‘(II) not less than 50 nautical miles from any 

shore for a voyage originating within the United 

States or Canadian exclusive economic zone. 

‘‘(ii) EXCEPTIONS.—Clause (i) shall not apply to 

a vessel if— 

‘‘(I) complying with an applicable requirement 

of clause (i)— 

‘‘(aa) would compromise the safety of the 

vessel; or 

‘‘(bb) is otherwise prohibited by any Federal, Canadian, or international law (including 

regulations) pertaining to vessel safety; 

‘‘(II) design limitations of the vessel prevent 

a ballast water exchange from being conducted 

in accordance with an applicable requirement of 

clause (i); 

‘‘(III) the vessel— 

‘‘(aa) is certified by the Secretary as 

having no residual ballast water or sediments 

onboard; or 

‘‘(bb) retains all ballast water while in 

waters subject to the requirement; or 

‘‘(IV) empty ballast tanks on the vessel are 

sealed and certified by the Secretary in a manner 

that ensures that— 

‘‘(aa) no discharge or uptake occurs; and 

‘‘(bb) any subsequent discharge of ballast 

water is subject to the requirement. 

‘‘(B) ENHANCED GREAT LAKES SYSTEM REQUIREMENTS.— 

‘‘(i) PETITIONS BY GOVERNORS FOR PROPOSED

ENHANCED STANDARDS AND REQUIREMENTS.— 

‘‘(I) IN GENERAL.—The Governor of a Great 

Lakes State (or a State employee designee) may 

submit a petition in accordance with subclause 

(II) to propose that other Governors of Great Lakes 

States endorse an enhanced standard of performance or other requirement with respect to any 

discharge that— 

‘‘(aa) is subject to regulation under this 

subsection; and 

‘‘(bb) occurs within the Great Lakes 

System. 

‘‘(II) SUBMISSION.—A Governor shall submit 

a petition under subclause (I), in writing, to— 

‘‘(aa) the Executive Director of the Great 

Lakes Commission, in such manner as may 

be prescribed by the Great Lakes Commission; 

‘‘(bb) the Governor of each other Great 

Lakes State; and 

‘‘(cc) the Director of the Great Lakes 

National Program Office established by section 

118(b). 

‘‘(III) PRELIMINARY ASSESSMENT BY GREAT

LAKES COMMISSION.— 

‘‘(aa) IN GENERAL.—After the date of 

receipt of a petition under subclause (II)(aa), 

the Great Lakes Commission (acting through 
S. 140—154 

the Great Lakes Panel on Aquatic Nuisance 

Species, to the maximum extent practicable) 

may develop a preliminary assessment 

regarding each enhanced standard of performance or other requirement described in the 

petition. 

‘‘(bb) PROVISIONS.—The preliminary 

assessment developed by the Great Lakes 

Commission under item (aa)— 

‘‘(AA) may be developed in consultation with relevant experts and stakeholders; 

‘‘(BB) may be narrative in nature; 

‘‘(CC) may include the preliminary 

views, if any, of the Great Lakes Commission on the propriety of the proposed 

enhanced standard of performance or 

other requirement; 

‘‘(DD) shall be submitted, in writing, 

to the Governor of each Great Lakes State 

and the Director of the Great Lakes 

National Program Office and published on 

the internet website of the Great Lakes 

National Program Office; and 

‘‘(EE) except as provided in clause 

(iii), shall not be taken into consideration, 

or provide a basis for review, by the 

Administrator or the Secretary for purposes of that clause. 

‘‘(ii) PROPOSED ENHANCED STANDARDS AND

REQUIREMENTS.— 

‘‘(I) PUBLICATION IN FEDERAL REGISTER.— 

‘‘(aa) REQUEST BY GOVERNOR.—Not earlier 

than the date that is 90 days after the date 

on which the Executive Director of the Great 

Lakes Commission receives from a Governor 

of a Great Lakes State a petition under clause 

(i)(II)(aa), the Governor may request the 

Director of the Great Lakes National Program 

Office to publish, for a period requested by 

the Governor of not less than 30 days, and 

the Director shall so publish, in the Federal 

Register for public comment— 

‘‘(AA) a copy of the petition; and 

‘‘(BB) if applicable as of the date of 

publication, any preliminary assessment 

of the Great Lakes Commission developed 

under clause (i)(III) relating to the petition. 

‘‘(bb) REVIEW OF PUBLIC COMMENTS.—On 

receipt of a written request of a Governor of 

a Great Lakes State, the Director of the Great 

Lakes National Program Office shall make 

available all public comments received in 

response to the notice under item (aa). 
S. 140—155 

‘‘(cc) NO RESPONSE REQUIRED.—Notwithstanding any other provision of law, a Governor of a Great Lakes State or the Director 

of the Great Lakes National Program Office 

shall not be required to provide a response 

to any comment received in response to the 

publication of a petition or preliminary assessment under item (aa). 

‘‘(dd) PURPOSE.—Any public comments 

received in response to the publication of a 

petition or preliminary assessment under item 

(aa) shall be used solely for the purpose of 

providing information and feedback to the 

Governor of each Great Lakes State regarding 

the decision to endorse the proposed standard 

or requirement. 

‘‘(ee) EFFECT OF PETITION.—A proposed 

standard or requirement developed under subclause (II) may differ from the proposed 

standard or requirement described in a petition published under item (aa). 

‘‘(II) COORDINATION TO DEVELOP PROPOSED

STANDARD OR REQUIREMENT.—After the expiration 

of the public comment period for the petition under 

subclause (I), any interested Governor of a Great 

Lakes State may work in coordination with the 

Great Lakes Commission to develop a proposed 

standard of performance or other requirement 

applicable to a discharge referred to in the petition. 

‘‘(III) REQUIREMENTS.—A proposed standard of 

performance or other requirement under subclause 

(II)— 

‘‘(aa) shall be developed— 

‘‘(AA) in consultation with representatives from the Federal and provincial 

governments of Canada; 

‘‘(BB) after notice and opportunity for 

public comment on the petition published 

under subclause (I); and 

‘‘(CC) taking into consideration the 

preliminary assessment, if any, of the 

Great Lakes Commission under clause 

(i)(III); 

‘‘(bb) shall be specifically endorsed in 

writing by— 

‘‘(AA) the Governor of each Great 

Lakes State, if the proposed standard or 

requirement would impose any additional 

equipment requirement on a vessel; or 

‘‘(BB) not fewer than 5 Governors of 

Great Lakes States, if the proposed 

standard or requirement would not impose 

any additional equipment requirement on 

a vessel; and 

‘‘(cc) in the case of a proposed requirement 

to prohibit 1 or more types of discharge regulated under this subsection, whether treated 
S. 140—156 

or not treated, into waters within the Great 

Lakes System, shall not apply outside the 

waters of the Great Lakes States of the Governors endorsing the proposed requirement 

under item (bb). 

‘‘(iii) PROMULGATION BY ADMINISTRATOR AND SECRETARY.— 

‘‘(I) SUBMISSION.— 

‘‘(aa) IN GENERAL.—The Governors 

endorsing a proposed standard or requirement 

under clause (ii)(III)(bb) may jointly submit 

to the Administrator and the Secretary for 

approval each proposed standard of performance or other requirement developed and 

endorsed pursuant to clause (ii). 

‘‘(bb) INCLUSION.—Each submission under 

item (aa) shall include an explanation 

regarding why the applicable standard of 

performance or other requirement is— 

‘‘(AA) at least as stringent as a comparable standard of performance or other 

requirement under this subsection; 

‘‘(BB) in accordance with maritime 

safety; and 

‘‘(CC) in accordance with applicable 

maritime and navigation laws and regulations. 

‘‘(cc) WITHDRAWAL.— 

‘‘(AA) IN GENERAL.—The Governor of 

any Great Lakes State that endorses a 

proposed standard or requirement under 

clause (ii)(III)(bb) may withdraw the 

endorsement by not later than the date 

that is 90 days after the date on which 

the Administrator and the Secretary 

receive the proposed standard or requirement. 

‘‘(BB) EFFECT ON FEDERAL REVIEW.— 

If, after the withdrawal of an endorsement 

under subitem (AA), the proposed 

standard or requirement does not have 

the applicable number of endorsements 

under clause (ii)(III)(bb), the Administrator and the Secretary shall terminate 

the review under this clause. 

‘‘(dd) DISSENTING OPINIONS.—The Governor of a Great Lakes State that does not 

endorse a proposed standard or requirement 

under clause (ii)(III)(bb) may submit to the 

Administrator and the Secretary any dissenting opinions of the Governor. 

‘‘(II) JOINT NOTICE.—On receipt of a proposed 

standard of performance or other requirement 

under subclause (I), the Administrator and the 

Secretary shall publish in the Federal Register 

a joint notice that, at minimum— 
S. 140—157 

‘‘(aa) states that the proposed standard 

or requirement is publicly available; and 

‘‘(bb) provides an opportunity for public 

comment regarding the proposed standard or 

requirement during the 90-day period beginning on the date of receipt by the Administrator and the Secretary of the proposed 

standard or requirement. 

‘‘(III) REVIEW.— 

‘‘(aa) IN GENERAL.—As soon as practicable 

after the date of publication of a joint notice 

under subclause (II)— 

‘‘(AA) the Administrator shall commence a review of each proposed standard 

of performance or other requirement covered by the notice to determine whether 

that standard or requirement is at least 

as stringent as comparable standards and 

requirements under this subsection; and 

‘‘(BB) the Secretary shall commence 

a review of each proposed standard of 

performance or other requirement covered 

by the notice to determine whether that 

standard or requirement is in accordance 

with maritime safety and applicable maritime and navigation laws and regulations. 

‘‘(bb) CONSULTATION.—In carrying out 

item (aa), the Administrator and the Secretary— 

‘‘(AA) shall consult with the Governor 

of each Great Lakes State and representatives from the Federal and provincial 

governments of Canada; 

‘‘(BB) shall take into consideration 

any relevant data or public comments 

received under subclause (II)(bb); and 

‘‘(CC) shall not take into consideration 

any preliminary assessment by the Great 

Lakes Commission under clause (i)(III), 

or any dissenting opinion under subclause 

(I)(dd), except to the extent that such an 

assessment or opinion is relevant to the 

criteria for the applicable determination 

under item (aa). 

‘‘(IV) APPROVAL OR DISAPPROVAL.—Not later 

than 180 days after the date of receipt of each 

proposed standard of performance or other requirement under subclause (I), the Administrator and 

the Secretary shall— 

‘‘(aa) determine, as applicable, whether 

each proposed standard or other requirement 

satisfies the criteria under subclause (III)(aa); 

‘‘(bb) approve each proposed standard or 

other requirement, unless the Administrator 

or the Secretary, as applicable, determines 

under item (aa) that the proposed standard 
S. 140—158 

or other requirement does not satisfy the criteria under subclause (III)(aa); and 

‘‘(cc) submit to the Governor of each Great 

Lakes State, and publish in the Federal Register, a notice of the determination under item 

(aa). 

‘‘(V) ACTION ON DISAPPROVAL.— 

‘‘(aa) RATIONALE AND RECOMMENDATIONS.—If the Administrator and the Secretary disapprove a proposed standard of 

performance or other requirement under subclause (IV)(bb), the notices under subclause 

(IV)(cc) shall include— 

‘‘(AA) a description of the reasons why 

the standard or requirement is, as 

applicable, less stringent than a comparable standard or requirement under 

this subsection, inconsistent with maritime safety, or inconsistent with 

applicable maritime and navigation laws 

and regulations; and 

‘‘(BB) any recommendations regarding 

changes the Governors of the Great Lakes 

States could make to conform the disapproved portion of the standard or 

requirement to the requirements of this 

subparagraph. 

‘‘(bb) REVIEW.—Disapproval of a proposed 

standard or requirement by the Administrator 

and the Secretary under this subparagraph 

shall be considered to be a final agency action 

subject to judicial review under section 509. 

‘‘(VI) ACTION ON APPROVAL.—On approval by 

the Administrator and the Secretary of a proposed 

standard of performance or other requirement 

under subclause (IV)(bb)— 

‘‘(aa) the Administrator shall establish, by 

regulation, the proposed standard or requirement within the Great Lakes System in lieu 

of any comparable standard or other requirement promulgated under paragraph (4); and 

‘‘(bb) the Secretary shall establish, by 

regulation, any requirements necessary to 

implement, ensure compliance with, and 

enforce the standard or requirement under 

item (aa), or to apply the proposed requirement, within the Great Lakes System in lieu 

of any comparable requirement promulgated 

under paragraph (5). 

‘‘(VII) NO JUDICIAL REVIEW FOR CERTAIN

ACTIONS.—An action or inaction of a Governor of 

a Great Lakes State or the Great Lakes Commission under this subparagraph shall not be subject 

to judicial review. 

‘‘(VIII) GREAT LAKES COMPACT.—Nothing in 

this subsection limits, alters, or amends the Great 

Lakes Compact to which Congress granted consent 
S. 140—159 

in the Act of July 24, 1968 (Public Law 90–419; 

82 Stat. 414). 

‘‘(IX) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to the Great 

Lakes Commission $5,000,000, to be available until 

expended. 

‘‘(C) MINIMUM PACIFIC REGION REQUIREMENTS.— 

‘‘(i) DEFINITION OF COMMERCIAL VESSEL.—In this 

subparagraph, the term ‘commercial vessel’ means a 

vessel operating between— 

‘‘(I) 2 ports or places of destination within 

the Pacific Region; or 

‘‘(II) a port or place of destination within the 

Pacific Region and a port or place of destination 

on the Pacific Coast of Canada or Mexico north 

of parallel 20 degrees north latitude, inclusive of 

the Gulf of California. 

‘‘(ii) BALLAST WATER EXCHANGE.— 

‘‘(I) IN GENERAL.—Except as provided in subclause (II) and clause (iv), the owner or operator 

of a commercial vessel shall conduct a complete 

ballast water exchange in waters more than 50 

nautical miles from shore. 

‘‘(II) EXEMPTIONS.—Subclause (I) shall not 

apply to a commercial vessel— 

‘‘(aa) using, in compliance with applicable 

requirements, a type-approved ballast water 

management system approved by the Secretary; or 

‘‘(bb) voyaging— 

‘‘(AA) between or to a port or place 

of destination in the State of Washington, 

if the ballast water to be discharged from 

the commercial vessel originated solely 

from waters located between the parallel 

46 degrees north latitude, including the 

internal waters of the Columbia River, 

and the internal waters of Canada south 

of parallel 50 degrees north latitude, 

including the waters of the Strait of 

Georgia and the Strait of Juan de Fuca; 

‘‘(BB) between ports or places of destination in the State of Oregon, if the 

ballast water to be discharged from the 

commercial vessel originated solely from 

waters located between the parallel 40 

degrees north latitude and the parallel 

50 degrees north latitude; 

‘‘(CC) between ports or places of destination in the State of California within 

the San Francisco Bay area east of the 

Golden Gate Bridge, including the Port 

of Stockton and the Port of Sacramento, 

if the ballast water to be discharged from 

the commercial vessel originated solely 

from ports or places within that area; 
S. 140—160 

‘‘(DD) between the Port of Los 

Angeles, the Port of Long Beach, and the 

El Segundo offshore marine oil terminal, 

if the ballast water to be discharged from 

the commercial vessel originated solely 

from the Port of Los Angeles, the Port 

of Long Beach, or the El Segundo offshore 

marine oil terminal; 

‘‘(EE) between a port or place of destination in the State of Alaska within a 

single Captain of the Port Zone; 

‘‘(FF) between ports or places of destination in different counties of the State 

of Hawaii, if the vessel may conduct a 

complete ballast water exchange in waters 

that are more than 10 nautical miles from 

shore and at least 200 meters deep; or 

‘‘(GG) between ports or places of destination within the same county of the 

State of Hawaii, if the vessel does not 

transit outside State marine waters 

during the voyage. 

‘‘(iii) LOW-SALINITY BALLAST WATER.— 

‘‘(I) IN GENERAL.—Except as provided in subclause (II) and clause (iv), the owner or operator 

of a commercial vessel that transports ballast 

water sourced from waters with a measured 

salinity of less than 18 parts per thousand and 

voyages to a Pacific Region port or place of destination with a measured salinity of less than 18 parts 

per thousand shall conduct a complete ballast 

water exchange— 

‘‘(aa) not less than 50 nautical miles from 

shore, if the ballast water was sourced from 

a Pacific Region port or place of destination; 

or 

‘‘(bb) more than 200 nautical miles from 

shore, if the ballast water was not sourced 

from a Pacific Region port or place of destination. 

‘‘(II) EXCEPTION.—Subclause (I) shall not apply 

to a commercial vessel voyaging to a port or place 

of destination in the Pacific Region that is using, 

in compliance with applicable requirements, a 

type-approved ballast water management system 

approved by the Secretary to achieve standards 

of performance of— 

‘‘(aa) less than 1 organism per 10 cubic 

meters, if that organism— 

‘‘(AA) is living, or has not been rendered nonviable; and 

‘‘(BB) is 50 or more micrometers in 

minimum dimension; 

‘‘(bb) less than 1 organism per 10 milliliters, if that organism— 

‘‘(AA) is living, or has not been rendered nonviable; and 
S. 140—161 

‘‘(BB) is more than 10, but less than 

50, micrometers in minimum dimension; 

‘‘(cc) concentrations of indicator microbes 

that are less than— 

‘‘(AA) 1 colony-forming unit of 

toxicogenic Vibrio cholera (serotypes O1 

and O139) per 100 milliliters or less than 

1 colony-forming unit of that microbe per 

gram of wet weight of zoological samples; 

‘‘(BB) 126 colony-forming units of 

escherichia coli per 100 milliliters; and 

‘‘(CC) 33 colony-forming units of intestinal enterococci per 100 milliliters; and 

‘‘(dd) concentrations of such additional 

indicator microbes and viruses as may be 

specified in the standards of performance 

established by the Administrator under paragraph (4). 

‘‘(iv) GENERAL EXCEPTIONS.—The requirements of 

clauses (ii) and (iii) shall not apply to a commercial 

vessel if— 

‘‘(I) complying with the requirement would 

compromise the safety of the commercial vessel; 

‘‘(II) design limitations of the commercial 

vessel prevent a ballast water exchange from being 

conducted in accordance with clause (ii) or (iii), 

as applicable; 

‘‘(III) the commercial vessel— 

‘‘(aa) is certified by the Secretary as 

having no residual ballast water or sediments 

onboard; or 

‘‘(bb) retains all ballast water while in 

waters subject to those requirements; or 

‘‘(IV) empty ballast tanks on the commercial 

vessel are sealed and certified by the Secretary 

in a manner that ensures that— 

‘‘(aa) no discharge or uptake occurs; and 

‘‘(bb) any subsequent discharge of ballast 

water is subject to those requirements. 

‘‘(D) ESTABLISHMENT OF STATE NO-DISCHARGE ZONES.— 

‘‘(i) STATE PROHIBITION.—Subject to clause (ii), 

after the effective date of regulations promulgated by 

the Secretary under paragraph (5), if any State determines that the protection and enhancement of the 

quality of some or all of the waters within the State 

require greater environmental protection, the State 

may prohibit 1 or more types of discharge regulated 

under this subsection, whether treated or not treated, 

into such waters. 

‘‘(ii) APPLICABILITY.—A prohibition by a State 

under clause (i) shall not apply until the date on which 

the Administrator makes the applicable determinations 

described in clause (iii). 

‘‘(iii) PROHIBITION BY ADMINISTRATOR.— 

‘‘(I) DETERMINATION.—On application of a 

State, the Administrator, in concurrence with the 
S. 140—162 

Secretary (subject to subclause (II)), shall, by regulation, prohibit the discharge from a vessel of 1 

or more discharges subject to regulation under 

this subsection, whether treated or not treated, 

into the waters covered by the application if the 

Administrator determines that— 

‘‘(aa) prohibition of the discharge would 

protect and enhance the quality of the specified waters within the State; 

‘‘(bb) adequate facilities for the safe and 

sanitary removal and treatment of the discharge are reasonably available for the water 

and all vessels to which the prohibition would 

apply; 

‘‘(cc) the discharge can be safely collected 

and stored until a vessel reaches a discharge 

facility or other location; and 

‘‘(dd) in the case of an application for the 

prohibition of discharges of ballast water in 

a port (or in any other location where cargo, 

passengers, or fuel are loaded and unloaded)— 

‘‘(AA) the adequate facilities described 

in item (bb) are reasonably available for 

commercial vessels, after considering, at 

a minimum, water depth, dock size, 

pumpout facility capacity and flow rate, 

availability of year-round operations, 

proximity to navigation routes, and the 

ratio of pumpout facilities to the population and discharge capacity of commercial vessels operating in those waters; and 

‘‘(BB) the prohibition will not 

unreasonably interfere with the safe 

loading and unloading of cargo, passengers, or fuel. 

‘‘(II) CONCURRENCE WITH SECRETARY.— 

‘‘(aa) REQUEST.—The Administrator shall 

submit to the Secretary a request for written 

concurrence with respect to a prohibition 

under subclause (I). 

‘‘(bb) EFFECT OF FAILURE TO CONCUR.— 

A failure by the Secretary to concur with the 

Administrator under subclause (I) by the date 

that is 60 days after the date on which the 

Administrator submits a request for concurrence under item (aa) shall not prevent the 

Administrator from prohibiting the relevant 

discharge in accordance with subclause (III), 

subject to the condition that the Administrator 

shall include in the administrative record of 

the promulgation— 

‘‘(AA) documentation of the request 

submitted under item (aa); and 

‘‘(BB) the response of the Administrator to any written objections received 

from the Secretary relating to the proposed standard of performance during the 
S. 140—163 

60-day period beginning on the date of 

submission of the request. 

‘‘(III) TIMING.—The Administrator shall 

approve or disapprove an application submitted 

under subclause (I) by not later than 90 days 

after the date on which the application is submitted to the Administrator. 

‘‘(E) MAINTENANCE IN EFFECT OF MORE-STRINGENT

STANDARDS.—In any case in which a requirement established under this paragraph is more stringent or environmentally protective than a comparable requirement established under paragraph (4), (5), or (6), the more-stringent 

or more-protective requirement shall control.’’. 

(2) REPEALS.— 

(A) IN GENERAL.—Effective beginning on the date of 

enactment of this Act, the following provisions of law are 

repealed: 

(i) Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 

4711). 

(ii) Public Law 110–299 (33 U.S.C. 1342 note). 

(B) CONFORMING AMENDMENTS.—Section 1102 of the 

Nonindigenous Aquatic Nuisance Prevention and Control 

Act of 1990 (16 U.S.C. 4712) is amended— 

(i) in subsection (c)(1), by inserting ‘‘(as in effect 

on the day before the date of enactment of the Vessel 

Incidental Discharge Act of 2018)’’ after ‘‘section 

1101(b)’’; and 

(ii) in subsection (f)(1)(B), by inserting ‘‘(as in effect 

on the day before the date of enactment of the Vessel 

Incidental Discharge Act of 2018)’’ after ‘‘section 

1101(c)’’. 

(b) REGULATIONS FOR USE OF MARINE POLLUTION CONTROL

DEVICES.—Section 312 of the Federal Water Pollution Control Act 

(33 U.S.C. 1322) is amended— 

(1) by striking the section designation and heading and 

all that follows through ‘‘For the purpose of’’ in subsection 

(a) and inserting the following: 

‘‘SEC. 312. MARINE SANITATION DEVICES; DISCHARGES INCIDENTAL 

TO THE NORMAL OPERATION OF VESSELS. 

‘‘(a) DEFINITIONS.—In’’; 

(2) in subsection (a)— 

(A) in paragraph (7), by striking ‘‘devices or of vessels’’ 

and inserting ‘‘devices, marine pollution control device 

equipment, or vessels’’; and 

(B) in paragraph (13), in the matter preceding subparagraph (A), by inserting ‘‘, except as provided in subsection 

(p),’’ after ‘‘means’’; 

(3) in subsection (g)— 

(A) by inserting ‘‘or marine pollution control device 

equipment’’ after ‘‘marine sanitation device’’ each place it 

appears; 

(B) in paragraph (1)— 

(i) by inserting ‘‘or equipment’’ after ‘‘such device’’; 

and 
S. 140—164 

(ii) by inserting ‘‘or equipment’’ after ‘‘test device’’; 

and 

(C) in paragraph (2)— 

(i) by inserting ‘‘or equipment’’ after ‘‘the device’’ 

each place it appears; and 

(ii) in the fourth sentence, by inserting ‘‘or equipment’’ after ‘‘device’’ each place it appears; and 

(4) in subsection (h)— 

(A) in paragraph (1), by inserting ‘‘and marine pollution 

control device equipment’’ after ‘‘marine sanitation device’’; 

(B) in paragraph (2), by inserting ‘‘or any certified 

marine pollution control device equipment or element of 

design of such equipment’’ after ‘‘such device’’; 

(C) by redesignating paragraphs (1) through (4) as 

subparagraphs (A) through (D), respectively, and indenting 

the subparagraphs appropriately; 

(D) by striking ‘‘(h) After’’ and inserting the following: 

‘‘(h) SALE AND RESALE OF PROPERLY EQUIPPED VESSELS; OPERABILITY OF CERTIFIED MARINE SANITATION DEVICES.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), after’’; and 

(E) by adding at the end the following: 

‘‘(2) EFFECT OF SUBSECTION.—Nothing in this subsection 

requires certification of a marine pollution control device for 

use on any vessel of the Armed Forces.’’. 

(c) ENFORCEMENT AUTHORITY.— 

(1) IN GENERAL.—Section 312(k) of the Federal Water Pollution Control Act (33 U.S.C. 1322(k)) is amended— 

(A) by striking the second sentence and inserting the 

following: 

‘‘(3) STATES.— 

‘‘(A) IN GENERAL.—This section may be enforced by 

a State or political subdivision of a State (including the 

attorney general of a State), including by filing a civil 

action in an appropriate Federal district court to enforce 

any violation of subsection (p). 

‘‘(B) JURISDICTION.—The appropriate Federal district 

court shall have jurisdiction with respect to a civil action 

filed pursuant to subparagraph (A), without regard to the 

amount in controversy or the citizenship of the parties— 

‘‘(i) to enforce the requirements of this section; 

and 

‘‘(ii) to apply appropriate civil penalties under this 

section or section 309(d), as appropriate.’’; 

(B) by striking ‘‘(k) The provisions of this’’ and inserting 

the following: 

‘‘(k) ENFORCEMENT AUTHORITY.— 

‘‘(1) ADMINISTRATOR.—This section shall be enforced by the 

Administrator, to the extent provided in section 309. 

‘‘(2) SECRETARY.— 

‘‘(A) IN GENERAL.—This’’; and 

(C) in paragraph (2) (as so designated)— 

(i) in subparagraph (A), by striking ‘‘operating and 

he may utilize by agreement’’ and inserting ‘‘operating, 

who may use, by agreement’’; and 

(ii) by adding at the end the following: 

‘‘(B) INSPECTIONS.—For purposes of ensuring compliance with this section, the Secretary— 
S. 140—165 

‘‘(i) may carry out an inspection (including the 

taking of ballast water samples) of any vessel at any 

time; and 

‘‘(ii) shall— 

‘‘(I) establish procedures for— 

‘‘(aa) reporting violations of this section; 

and 

‘‘(bb) accumulating evidence regarding 

those violations; and 

‘‘(II) use appropriate and practicable measures 

of detection and environmental monitoring of vessels. 

‘‘(C) DETENTION.—The Secretary may detain a vessel 

if the Secretary— 

‘‘(i) has reasonable cause to believe that the 

vessel— 

‘‘(I) has failed to comply with an applicable 

requirement of this section; or 

‘‘(II) is being operated in violation of such a 

requirement; and 

‘‘(ii) the Secretary provides to the owner or operator of the vessel a notice of the intent to detain.’’. 

(2) PRESERVATION OF FEDERAL ENFORCEMENT AUTHORITY.— 

Section 309 of the Federal Water Pollution Control Act (33 

U.S.C. 1319) is amended— 

(A) in subsection (a)(3), by striking ‘‘318’’ and inserting 

‘‘312(p), 318’’; 

(B) in subsection (c), by striking ‘‘318’’ each place it 

appears and inserting ‘‘312(p), 318’’; 

(C) in subsection (d), in the first sentence— 

(i) by striking ‘‘318’’ and inserting ‘‘312(p), 318,’’; 

and 

(ii) by striking ‘‘State,,’’ and inserting ‘‘State,’’; and 

(D) in subsection (g)(1)(A), by striking ‘‘318’’ and 

inserting ‘‘312(p), 318’’. 

(3) PRESERVATION OF PUBLIC ENFORCEMENT AUTHORITY.— 

Section 505(f) of the Federal Water Pollution Control Act (33 

U.S.C. 1365(f)) is amended by striking ‘‘(5) certification’’ and 

all that follows through the period at the end and inserting 

the following: ‘‘(5) a standard of performance or requirement 

under section 312(p); (6) a certification under section 401; (7) 

a permit or condition of a permit issued under section 402 

that is in effect under this Act (including a requirement 

applicable by reason of section 313); or (8) a regulation under 

section 405(d).’’. 

(4) REVIEW.—Section 509(b) of the Federal Water Pollution 

Control Act (33 U.S.C. 1369(b)) is amended by adding at the 

end the following: 

‘‘(4) DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), any interested person may file a petition for review 

of a final agency action under section 312(p) of the Administrator or the Secretary of the department in which the 

Coast Guard is operating in accordance with the requirements of this subsection. 
S. 140—166 

‘‘(B) VENUE EXCEPTION.—Subject to section 

312(p)(7)(C)(v), a petition for review of a final agency action 

under section 312(p) of the Administrator or the Secretary 

of the department in which the Coast Guard is operating 

may be filed only in the United States Court of Appeals 

for the District of Columbia Circuit.’’. 

(d) LOGBOOK REQUIREMENTS.—Section 11301(b) of title 46, 

United States Code, is amended by adding at the end the following: 

‘‘(13) when a vessel fails to carry out ballast water management requirements as applicable and pursuant to regulations 

promulgated by the Secretary, including when the vessel fails 

to carry out ballast water management requirements due to 

an allowed safety exemption, a statement regarding the failure 

to comply and the circumstances under which the failure 

occurred, made immediately after the failure, when practicable 

to do so.’’. 

(e) QUAGGA MUSSEL.—Section 42(a)(1) of title 18, United States 

Code, is amended, in the first sentence, by inserting ‘‘of the quagga 

mussel of the species Dreissena rostriformis or Dreissena bugensis;’’ 

after ‘‘Dreissena polymorpha;’’. 

(f) COASTAL AQUATIC INVASIVE SPECIES MITIGATION GRANT PROGRAM AND MITIGATION FUND.— 

(1) DEFINITIONS.—In this subsection: 

(A) COASTAL ZONE.—The term ‘‘coastal zone’’ has the 

meaning given the term in section 304 of the Coastal 

Zone Management Act of 1972 (16 U.S.C. 1453). 

(B) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ 

means— 

(i) a State; 

(ii) a unit of local government; 

(iii) an Indian Tribe; 

(iv) a nongovernmental organization; and 

(v) an institution of higher education. 

(C) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘Exclusive 

Economic Zone’’ means the Exclusive Economic Zone of 

the United States, as established by Presidential Proclamation 5030, dated March 10, 1983 (16 U.S.C. 1453 note). 

(D) FOUNDATION.—The term ‘‘Foundation’’ means the 

National Fish and Wildlife Foundation established by section 2(a) of the National Fish and Wildlife Foundation 

Establishment Act (16 U.S.C. 3701(a)). 

(E) FUND.—The term ‘‘Fund’’ means the Coastal 

Aquatic Invasive Species Mitigation Fund established by 

paragraph (3)(A). 

(F) PROGRAM.—The term ‘‘Program’’ means the Coastal 

Aquatic Invasive Species Mitigation Grant Program established under paragraph (2)(A). 

(G) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Commerce. 

(2) GRANT PROGRAM.— 

(A) ESTABLISHMENT.—The Secretary and the Foundation shall establish a program, to be known as the ‘‘Coastal 

Aquatic Invasive Species Mitigation Grant Program’’, under 

which the Secretary and the Foundation shall award grants 

to eligible entities in accordance with this paragraph. 

(B) PURPOSES.—The purposes of the Program are— 
S. 140—167 

(i) to improve the understanding, prevention, and 

mitigation of, and response to, aquatic invasive species 

in— 

(I) the coastal zone; and 

(II) the Exclusive Economic Zone; 

(ii) to support the prevention and mitigation of 

impacts from aquatic invasive species in the coastal 

zone; and 

(iii) to support the restoration of Pacific Island 

habitats, marine, estuarine, and Great Lakes environments in the coastal zone and the Exclusive Economic 

Zone that are impacted by aquatic invasive species. 

(C) USE OF GRANTS.— (i) IN GENERAL.—A grant awarded under the Program shall be used for an activity to carry out the 

purposes of the Program, including an activity— 

(I) to develop and implement procedures and 

programs, including permissible State ballast 

water inspection programs, to prevent, detect, control, mitigate, and rapidly or progressively eradicate aquatic invasive species in the coastal zone 

or the Exclusive Economic Zone, particularly in 

areas with high numbers of established aquatic 

invasive species; 

(II) to restore habitat impacted by an aquatic 

invasive species; 

(III) to develop new shipboard and land-based 

ballast water treatment system technologies and 

performance standards to prevent the introduction 

of aquatic invasive species; 

(IV) to develop mitigation measures to protect 

natural and cultural living resources, including 

shellfish, from the impacts of aquatic invasive species; or 

(V) to develop mitigation measures to protect 

infrastructure, such as hydroelectric infrastructure, from aquatic invasive species. 

(ii) PROHIBITION ON FUNDING LITIGATION.—A grant 

awarded under the Program may not be used to fund 

litigation in any matter. 

(D) ADMINISTRATION.—Not later than 90 days after 

the date of enactment of this Act, the Foundation, in consultation with the Secretary, shall establish the following: 

(i) Application and review procedures for awarding 

grants under the Program. 

(ii) Approval procedures for awarding grants under 

the Program, including a requirement for consultation 

with— 

(I) the Secretary of the Interior; and 

(II) the Administrator. 

(iii) Performance accountability and monitoring 

measures for activities funded by a grant awarded 

under the Program. 

(iv) Procedures and methods to ensure accurate 

accounting and appropriate administration of grants 

awarded under the Program, including standards of 

recordkeeping. 
S. 140—168 

(E) MATCHING REQUIREMENT.—Each eligible entity that 

receives a grant under the Program shall provide, in cash 

or through in-kind contributions from non-Federal sources, 

matching funds to carry out the activities funded by the 

grant in an amount equal to not less than 25 percent 

of the cost of the activities. 

(F) FUNDING.—The Secretary and the Foundation are 

authorized to use the amounts available in the Fund to 

award grants under the Program. 

(3) MITIGATION FUND.— 

(A) ESTABLISHMENT.—There is established in the 

Treasury of the United States a trust fund, to be known 

as the ‘‘Coastal Aquatic Invasive Species Mitigation Fund’’, 

consisting of such amounts as are appropriated or credited 

to the Fund in accordance with this paragraph or section 

9602 of the Internal Revenue Code of 1986. 

(B) TRANSFERS TO FUND.— 

(i) APPROPRIATION.—There is authorized to be 

appropriated from the Treasury to the Fund, for each 

fiscal year, an amount equal to the amount of penalties 

assessed for violations of subsection (p) of section 312 

of the Federal Water Pollution Control Act (33 U.S.C. 

1322) during the preceding fiscal year. 

(ii) ADDITIONAL AUTHORIZATION.—In addition to 

the amounts transferred to the Fund under clause 

(i), there is authorized to be appropriated to the Fund 

$5,000,000 for each fiscal year. 

(C) USE OF FUND.—Subject to appropriations, the 

amounts in the Fund shall be available to the Secretary 

and the Foundation to award grants under the Program. 

(g) GREAT LAKES AND LAKE CHAMPLAIN INVASIVE SPECIES PROGRAM.— 

(1) DEFINITIONS.—In this subsection: 

(A) ADMINISTRATOR.—The term ‘‘Administrator’’ means 

the Administrator of the Environmental Protection Agency. 

(B) AQUATIC NUISANCE SPECIES.—The term ‘‘aquatic 

nuisance species’’ has the meaning given that term in subsection (p)(1) of section 312 of the Federal Water Pollution 

Control Act (33 U.S.C. 1322). 

(C) DIRECTOR.—The term ‘‘Director’’ means the 

Director of the Great Lakes National Program Office established by section 118(b) of the Federal Water Pollution 

Control Act (33 U.S.C. 1268(b)). 

(D) GREAT LAKES AND LAKE CHAMPLAIN SYSTEMS.— 

The term ‘‘Great Lakes and Lake Champlain Systems’’ 

includes— 

(i) Lake Champlain; and 

(ii) all bodies of water (including wetlands) 

within— 

(I) the Great Lakes System (as defined in section 118(a)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3))); or 

(II) the Lake Champlain drainage basin (as 

defined in section 120(g) of the Federal Water 

Pollution Control Act (33 U.S.C. 1270(g))). 
S. 140—169 

(E) PROGRAM.—The term ‘‘Program’’ means the Great 

Lakes and Lake Champlain Invasive Species Program 

established under paragraph (2)(A). 

(2) ESTABLISHMENT OF PROGRAM.— 

(A) IN GENERAL.—The Administrator shall establish 

within the Great Lakes National Program Office a program, 

to be known as the ‘‘Great Lakes and Lake Champlain 

Invasive Species Program’’— 

(i) in collaboration with— 

(I) the Director of the United States Fish and 

Wildlife Service; 

(II) the Administrator of the National Oceanic 

and Atmospheric Administration; 

(III) the Director of the United States 

Geological Survey; and 

(IV) the Secretary of the department in which 

the Coast Guard is operating; and 

(ii) in consultation with— 

(I) the head of Great Lakes Aquatic Nonindigenous Species Information System of the National 

Oceanic and Atmospheric Administration; and 

(II) the head of Great Lakes Environmental 

Research Laboratory of the National Oceanic and 

Atmospheric Administration. 

(B) PURPOSES.—The purposes of the Program shall 

be— 

(i) to monitor for the introduction and spread of 

aquatic nuisance species into or within the Great Lakes 

and Lake Champlain Systems; 

(ii) to detect newly introduced aquatic nuisance 

species prior to the establishment of the aquatic nuisance species in the Great Lakes and Lake Champlain 

Systems; 

(iii) to inform, and assist with, management and 

response actions to prevent or stop the establishment 

or spread of an aquatic nuisance species; 

(iv) to establish a watch list of candidate aquatic 

nuisance species that may be introduced or spread, 

and that may survive and establish, within the Great 

Lakes and Lake Champlain Systems; 

(v) to monitor vectors likely to be contributing 

to the introduction or spread of aquatic nuisance species, including ballast water operations; 

(vi) to work collaboratively with the Federal, State, 

local, and Tribal agencies to develop criteria for 

prioritizing and distributing monitoring efforts; 

(vii) to develop, achieve type approval for, and 

pilot shipboard or land-based ballast water management systems installed on, or available for use by, 

commercial vessels operating solely within the Great 

Lakes and Lake Champlain Systems to prevent the 

spread of aquatic nuisance species populations within 

the Great Lakes and Lake Champlain Systems; and 

(viii) to facilitate meaningful Federal and State 

implementation of the regulatory framework in this 

subsection, including monitoring, shipboard education, 

inspection, and compliance conducted by States. 
S. 140—170 

(3) METHODOLOGY.—The Program shall seek— 

(A) to build on— 

(i) existing aquatic nuisance species monitoring 

efforts; and 

(ii) efforts to develop criteria for prioritizing and 

distributing monitoring efforts, geographically and 

among taxa, in the Great Lakes and Lake Champlain 

Systems; 

(B) to advance early detection and monitoring, and 

capacity to control the establishment and spread, of aquatic 

nuisance species within the Great Lakes and Lake Champlain Systems; 

(C) to identify opportunities to interdict the introduction and spread of aquatic nuisance species through sound 

science and technological advancements; 

(D) to assess the risk of aquatic nuisance species 

introduction and spread via the range of vectors active 

within the Great Lakes and Lake Champlain Systems; 

(E) to advance the development of type-approved ballast water management system (as defined in subsection 

(p)(1) of section 312 of the Federal Water Pollution Control 

Act (33 U.S.C. 1322) equipment for commercial, non-seagoing vessels that operate solely within the Great Lakes 

System (as defined in section 118(a)(3) of the Federal Water 

Pollution Control Act (33 U.S.C. 1268(a)(3))); 

(F) to immediately make available to the public 

information regarding— 

(i) the detection of new aquatic nuisance species 

within the Great Lakes and Lake Champlain Systems; 

or 

(ii) the spread of aquatic nuisance species within 

the Great Lakes and Lake Champlain Systems; 

(G) to annually submit to appropriate individuals and 

entities in each affected region a report describing the 

findings and activities of the Program; 

(H) to identify roles and responsibilities of Federal 

agencies in aquatic nuisance species monitoring and 

response; and 

(I) to provide resource assistance to States implementing State-level programs to enter into partnerships 

with Federal agencies in enforcing the requirements under 

subsection (p) of section 312 of the Federal Water Pollution 

Control Act (33 U.S.C. 1322). 

(4) COLLABORATION.—In carrying out and developing the 

Program, the Director shall collaborate with— 

(A) applicable Federal, State, local, and Tribal agencies; 

and 

(B) such other research entities or stakeholders as 

the Director determines to be appropriate. 

(5) DATA AVAILABILITY.—The Director shall— 

(A) make the data collected under the Program available on a publicly accessible internet website, including 

in an annual summary report; and 

(B) in coordination with the entities identified under 

paragraph (4), develop communication and notification 

protocols for the purpose of communicating the range of 

aquatic nuisance species and any identification of a new 
S. 140—171 

aquatic nuisance species introduced to the Great Lakes 

and Lake Champlain Systems. 

(6) REPORT TO CONGRESS.— 

(A) IN GENERAL.—Not later than December 31, 2019, 

the Director shall submit to Congress a report summarizing 

the outcomes of activities carried out under the Program. 

(B) CONTENTS.—The report under subparagraph (A) 

shall include— 

(i) a description of activities carried out under 

the Program, including an explanation of how those 

activities help to achieve the purposes described in 

paragraph (2)(B); 

(ii) an analysis of Federal, State, and local efforts 

to enhance multidisciplinary approaches to achieve the 

purposes described in paragraph (2)(B); 

(iii) recommendations relating to activities that 

would contribute to achievement of the purposes 

described in paragraph (2)(B); and 

(iv) recommendations to improve the efficiency and 

effectiveness of the Program. 

(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out the Program $50,000,000 

for each of fiscal years 2019 through 2023. 

(h) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) Section 1102(f) of the Nonindigenous Aquatic Nuisance 

Prevention and Control Act of 1990 (16 U.S.C. 4712(f)) is 

amended by striking paragraph (2) and inserting the following: 

‘‘(2) BALLAST WATER REPORTING REQUIREMENTS.— 

‘‘(A) IN GENERAL.—The owner or operator of a vessel 

subject to this title shall submit to the National Ballast 

Information Clearinghouse, by not later than 6 hours after 

the arrival of the vessel at a United States port or place 

of destination, the ballast water management report form 

approved by the Office of Management and Budget numbered OMB 1625–0069 (or a successor form), unless the 

vessel is operating exclusively on a voyage between ports 

or places within contiguous portions of a single Captain 

of the Port Zone. 

‘‘(B) MULTIPLE DISCHARGES.—The owner or operator 

of a vessel subject to this title may submit a single report 

under subparagraph (A) for multiple ballast water discharges within a single port or place of destination during 

the same voyage. 

‘‘(C) ADVANCE REPORT TO STATES.—A State may require 

the owner or operator of a vessel subject to this title to 

submit directly to the State, or to an appropriate regional 

forum, a ballast water management report form— 

‘‘(i) not later than 24 hours prior to arrival at 

a United States port or place of destination in the 

State, if the voyage of the vessel is anticipated to 

exceed 24 hours; or 

‘‘(ii) before departing the port or place of departure, 

if the voyage of the vessel to the United States port 

or place of destination is not anticipated to exceed 

24 hours. 

‘‘(3) VESSEL REPORTING DATA.— 
S. 140—172 

‘‘(A) DISSEMINATION TO STATES.—On receipt of a ballast 

water management report under paragraph (2), the 

National Ballast Information Clearinghouse shall— 

‘‘(i) in the case of a form submitted electronically, 

immediately disseminate the report to interested 

States; or 

‘‘(ii) in the case of a form submitted by means 

other than electronically, disseminate the report to 

interested States as soon as practicable. 

‘‘(B) AVAILABILITY TO PUBLIC.—Not later than 30 days 

after the date of receipt of a ballast water management 

report under paragraph (2), the National Ballast Information Clearinghouse shall make the data in the report fully 

and readily available to the public in a searchable and 

fully retrievable electronic format. 

‘‘(4) REPORT.— 

‘‘(A) IN GENERAL.—Not later than July 1, 2019, and 

annually thereafter, the Secretary shall prepare and submit 

a report in accordance with this paragraph. 

‘‘(B) CONTENTS.—Each report under this paragraph 

shall synthesize and analyze the data described in paragraph (1) for the preceding 2-year period to evaluate nationwide status and trends relating to— 

‘‘(i) ballast water delivery and management; and 

‘‘(ii) invasions of aquatic nuisance species resulting 

from ballast water. 

‘‘(C) DEVELOPMENT.—The Secretary shall prepare each 

report under this paragraph in consultation and cooperation with— 

‘‘(i) the Task Force; and 

‘‘(ii) the Smithsonian Institution (acting through 

the Smithsonian Environmental Research Center). 

‘‘(D) SUBMISSION.—The Secretary shall— 

‘‘(i) submit each report under this paragraph to— 

‘‘(I) the Task Force; 

‘‘(II) the Committee on Commerce, Science, 

and Transportation of the Senate; and 

‘‘(III) the Committee on Transportation and 

Infrastructure of the House of Representatives; 

and 

‘‘(ii) make each report available to the public. 

‘‘(5) WORKING GROUP.—Not later than 1 year after the 

date of enactment of this paragraph, the Secretary shall establish a working group, including members from the National 

Ballast Information Clearinghouse and States with ballast 

water management programs, to establish a process for compiling and readily sharing Federal and State commercial vessel 

reporting and enforcement data regarding compliance with this 

Act.’’. 

(2) Section 1205 of the Nonindigenous Aquatic Nuisance 

Prevention and Control Act of 1990 (16 U.S.C. 4725) is 

amended— 

(A) in the third sentence, by striking ‘‘Compliance’’ 

and inserting the following: 

‘‘(c) EFFECT OF COMPLIANCE.—Compliance’’; 

(B) in the second sentence, by striking ‘‘Nothing’’ and 

inserting the following: 
S. 140—173 

‘‘(b) EFFECT OF TITLE.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

nothing’’; 

(C) in the first sentence, by striking ‘‘All actions’’ and 

inserting the following: 

‘‘(a) CONSISTENCY WITH ENVIRONMENTAL LAWS.—All actions’’; 

and 

(D) in subsection (b) (as so designated), by adding 

at the end the following: 

‘‘(2) EXCEPTION.—Any discharge incidental to the normal 

operation of a vessel, including any discharge of ballast water 

(as those terms are defined in subsections (a) and (p)(1) of 

section 312 of the Federal Water Pollution Control Act (33 

U.S.C. 1322)), shall be regulated in accordance with that section.’’. 

TITLE X—HYDROGRAPHIC SERVICES 

AND OTHER MATTERS 

SEC. 1001. REAUTHORIZATION OF HYDROGRAPHIC SERVICES 

IMPROVEMENT ACT OF 1998. 

(a) REAUTHORIZATIONS.—Section 306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d) is amended— 

(1) in the matter before paragraph (1), by striking ‘‘There 

are’’ and inserting the following: 

‘‘(a) IN GENERAL.—There are’’; 

(2) in subsection (a) (as designated by paragraph (1))— 

(A) in paragraph (1), by striking ‘‘surveys—’’ and all 

that follows through the end of the paragraph and inserting 

‘‘surveys, $70,814,000 for each of fiscal years 2019 through 

2023.’’; 

(B) in paragraph (2), by striking ‘‘vessels—’’ and all 

that follows through the end of the paragraph and inserting 

‘‘vessels, $25,000,000 for each of fiscal years 2019 through 

2023.’’; 

(C) in paragraph (3), by striking ‘‘Administration— 

’’ and all that follows through the end of the paragraph 

and inserting ‘‘Administration, $29,932,000 for each of 

fiscal years 2019 through 2023.’’; 

(D) in paragraph (4), by striking ‘‘title—’’ and all that 

follows through the end of the paragraph and inserting 

‘‘title, $26,800,000 for each of fiscal years 2019 through 

2023.’’; and 

(E) in paragraph (5), by striking ‘‘title—’’ and all that 

follows through the end of the paragraph and inserting 

‘‘title, $30,564,000 for each of fiscal years 2019 through 

2023.’’; and 

(3) by adding at the end the following: 

‘‘(b) ARCTIC PROGRAMS.—Of the amount authorized by this section for each fiscal year— 

‘‘(1) $10,000,000 is authorized for use in the Arctic— 

‘‘(A) to acquire hydrographic data; 

‘‘(B) to provide hydrographic services; 

‘‘(C) to conduct coastal change analyses necessary to 

ensure safe navigation; 
S. 140—174 

‘‘(D) to improve the management of coastal change; 

and 

‘‘(E) to reduce risks of harm to subsistence and coastal 

communities associated with increased international maritime traffic; and 

‘‘(2) $2,000,000 is authorized for use to acquire hydrographic data and provide hydrographic services in the Arctic 

necessary to delineate the United States extended Continental 

Shelf.’’. 

(b) LIMITATION ON ADMINISTRATIVE EXPENSES FOR SURVEYS.— Section 306 of such Act (33 U.S.C. 892d) is further amended by 

adding at the end the following: 

‘‘(c) LIMITATION ON ADMINISTRATIVE EXPENSES FOR SURVEYS.— Of amounts authorized by this section for each fiscal year for 

contract hydrographic surveys, not more than 5 percent is authorized for administrative costs associated with contract management.’’. 

SEC. 1002. SYSTEM FOR TRACKING AND REPORTING ALL-INCLUSIVE 

COST OF HYDROGRAPHIC SURVEYS. 

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

enactment of this Act, the Secretary of Commerce shall— 

(1) develop and implement a system to track and report 

the full cost to the Department of Commerce of hydrographic 

data collection, including costs relating to vessel acquisition, 

vessel repair, and administration of contracts to procure data; 

(2) evaluate measures for comparing cost per unit effort 

in addition to measures of cost per nautical square mile; and 

(3) submit to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Natural 

Resources of the House of Representatives a report on which 

additional measures for comparing cost per unit effort the Secretary intends to use and the rationale for such use. 

(b) DEVELOPMENT OF STRATEGY FOR INCREASED CONTRACTING

WITH NONGOVERNMENTAL ENTITIES FOR HYDROGRAPHIC DATA

COLLECTION.—Not later than 180 days after the date on which 

the Secretary completes the activities required by subsection (a), 

the Secretary shall develop a strategy for how the National Oceanic 

and Atmospheric Administration will increase contracting with nongovernmental entities for hydrographic data collection in a manner 

that is consistent with the requirements of the Ocean and Coastal 

Mapping Integration Act (Public Law 111–11; 33 U.S.C. 3501 et 

seq.). 

SEC. 1003. HOMEPORT OF CERTAIN RESEARCH VESSELS. 

(a) ACCEPTANCE OF FUNDS AUTHORIZED.—The Secretary of 

Commerce may accept non-Federal funds for the purpose of the 

construction of a new port facility, including obtaining such cost 

estimates, designs, and permits as may be necessary to facilitate 

the homeporting of the R/V FAIRWEATHER in accordance with 

title II of the Departments of Commerce, Justice, and State, the 

Judiciary, and Related Agencies Appropriations Act, 2002 (Public 

Law 107–77; 115 Stat. 775) at a location that during such homeporting shall be under the administrative jurisdiction of the Under 

Secretary of Commerce for Oceans and Atmosphere. 

(b) STRATEGIC PLAN REQUIRED.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary shall develop 
S. 140—175 

and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources 

of the House of Representatives a strategic plan for implementing 

subsection (a). 

(c) ACCEPTANCE OF FUNDS AUTHORIZED.—The Secretary may 

accept non-Federal funds for the purpose of the construction of 

a new port facility, including obtaining such cost estimates, designs, 

and permits as may be necessary to facilitate the homeporting 

of a new, existing, or reactivated research vessel in the city of 

St. Petersburg, Florida, at a location that during such homeporting 

shall be under the administrative jurisdiction of the Under Secretary of Commerce for Oceans and Atmosphere. 

(d) STRATEGIC PLAN REQUIRED.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary shall develop 

and submit to Congress a strategic plan for construction or acquisition of the facilities needed to allow for an oceanographic research 

vessel to be homeported in St. Petersburg, Florida. The strategic 

plan shall include an estimate of funding needed to construct such 

facilities. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.