In the Senate of the United States, 

November 14, 2018. 

Resolved, That the Senate agree to the amendment of 

the House of Representatives to the bill (S. 140) entitled ‘‘An 

Act to amend the White Mountain Apache Tribe Water 

Rights Quantification Act of 2010 to clarify the use of 

amounts in the WMAT Settlement Fund.’’, with the following 

SENATE AMENDMENT TO HOUSE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

House amendment to the text of the bill, insert the following: 

1 SECTION 1. SHORT TITLE. 

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

3 Guard Authorization Act of 2018’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 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. 
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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. 

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. 
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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. 

Sec. 802. Corrections to provisions enacted by Coast Guard Authorization Acts. 
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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. 
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1 TITLE I—REORGANIZATION OF 

2 TITLE 14, UNITED STATES CODE 

3 SEC. 101. INITIAL MATTER. 

4 Title 14, United States Code, is amended by striking 

5 the title designation, the title heading, and the table of parts 

6 at the beginning and inserting the following: 

7 ‘‘TITLE 14—COAST GUARD 

‘‘Subtitle Sec.

‘‘I. Establishment, Powers, Duties, and Administration ..... 101

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

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

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

8 SEC. 102. SUBTITLE I. 

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

10 striking the part designation, the part heading, and the 

11 table of chapters at the beginning and inserting the fol12 lowing: 

13 ‘‘Subtitle I—Establishment, Powers, 

14 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’’. 

15 SEC. 103. CHAPTER 1. 

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

17 States Code, is amended by striking the chapter designa-
6 

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1 tion, the chapter heading, and the table of sections at the 

2 beginning and inserting the following: 

3 ‘‘CHAPTER 1—ESTABLISHMENT AND 

4 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.’’. 

5 (b) REDESIGNATIONS AND TRANSFERS.— 

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

7 United States Code, identified in the table provided 

8 in paragraph (2) are amended— 

9 (A) by redesignating the sections as de10 scribed in the table; and 

11 (B) by transferring the sections, as nec12 essary, so that the sections appear after the table 

13 of sections for chapter 1 of such title (as added 

14 by subsection (a)), in the order in which the sec15 tions are presented in the table. 

16 (2) TABLE.—The table referred to in paragraph 

17 (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 

2 Primary duties 102 
7 

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Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

3 Department in which the Coast Guard operates 103 

652 Removing restrictions 104 

4 Secretary defined 105 

5 Commandant defined 106 

1 SEC. 104. CHAPTER 3. 

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

3 States Code, is amended by striking the chapter designa4 tion, the chapter heading, and the table of sections at the 

5 beginning and inserting the following: 

6 ‘‘CHAPTER 3—COMPOSITION AND 

7 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.’’. 

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

2 United States Code, identified in the table provided 

3 in paragraph (2) are amended— 

4 (A) by redesignating the sections as de5 scribed in the table; and 

6 (B) by transferring the sections, as nec7 essary, so that the sections appear after the table 

8 of sections for chapter 3 of such title (as added 

9 by subsection (a)), in the order in which the sec10 tions are presented in the table. 

11 (2) TABLE.—The table referred to in paragraph 

12 (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 

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 
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Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

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 

1 (c) ADDITIONAL CHANGES.— 

2 (1) IN GENERAL.—Chapter 3 of title 14, United 

3 States Code, is further amended— 

4 (A) by inserting after section 310 (as so re5 designated and transferred under subsection (b)) 

6 the following: 

7 ‘‘§ 311. Captains of the port 

8 ‘‘Any officer, including any petty officer, may be des9 ignated by the Commandant as captain of the port or ports 

10 or adjacent high seas or waters over which the United States 

11 has jurisdiction, as the Commandant deems necessary to fa12 cilitate execution of Coast Guard duties.’’; and 

13 (B) by inserting after section 317 (as so re14 designated and transferred under subsection (b)) 

15 the following: 
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1 ‘‘§ 318. Environmental Compliance and Restoration 

2 Program 

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

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

5 ‘removal’, ‘remedial’, and ‘response’ have the same 

6 meaning they have in section 101 of the Comprehen7 sive Environmental Response, Compensation, and Li8 ability Act (42 U.S.C. 9601); 

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

10 it has in section 101 of the Comprehensive Environ11 mental Response, Compensation, and Liability Act 

12 (42 U.S.C. 9601), except that it also includes the 

13 meaning given ‘oil’ in section 311 of the Federal 

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

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

16 section 502 of the Federal Water Pollution Control 

17 Act (33 U.S.C. 1362). 

18 ‘‘(b) PROGRAM.— 

19 ‘‘(1) The Secretary shall carry out a program of 

20 environmental compliance and restoration at current 

21 and former Coast Guard facilities. 

22 ‘‘(2) Program goals include: 

23 ‘‘(A) Identifying, investigating, and clean24 ing up contamination from hazardous substances 

25 and pollutants. 
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1 ‘‘(B) Correcting other environmental dam2 age that poses an imminent and substantial 

3 danger to the public health or welfare or to the 

4 environment. 

5 ‘‘(C) Demolishing and removing unsafe 

6 buildings and structures, including buildings 

7 and structures at former Coast Guard facilities. 

8 ‘‘(D) Preventing contamination from haz9 ardous substances and pollutants at current 

10 Coast Guard facilities. 

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

12 hazardous substances and pollutants— 

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

14 States owns, leases, or otherwise possesses; 

15 ‘‘(ii) at each Coast Guard facility the 

16 United States owned, leased, or otherwise pos17 sessed when the actions leading to contamination 

18 from hazardous substances or pollutants oc19 curred; and 

20 ‘‘(iii) on each vessel the Coast Guard owns 

21 or operates. 

22 ‘‘(B) Subparagraph (A) of this paragraph does 

23 not apply to a removal or remedial action when a po24 tentially responsible person responds under section 
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1 122 of the Comprehensive Environmental Response, 

2 Compensation, and Liability Act (42 U.S.C. 9622). 

3 ‘‘(C) The Secretary shall pay a fee or charge im4 posed by a State authority for permit services for dis5 posing of hazardous substances or pollutants from 

6 Coast Guard facilities to the same extent that non7 governmental entities are required to pay for permit 

8 services. This subparagraph does not apply to a pay9 ment that is the responsibility of a lessee, contractor, 

10 or other private person. 

11 ‘‘(4) The Secretary may agree with another Fed12 eral agency for that agency to assist in carrying out 

13 the Secretary’s responsibilities under this section. The 

14 Secretary may enter into contracts, cooperative agree15 ments, and grant agreements with State and local 

16 governments to assist in carrying out the Secretary’s 

17 responsibilities under this section. Services that may 

18 be obtained under this paragraph include identifying, 

19 investigating, and cleaning up off-site contamination 

20 that may have resulted from the release of a haz21 ardous substance or pollutant at a Coast Guard facil22 ity. 

23 ‘‘(5) Section 119 of the Comprehensive Environ24 mental Response, Compensation, and Liability Act 

25 (42 U.S.C. 9619) applies to response action contrac-
13 

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1 tors that carry out response actions under this sec2 tion. The Coast Guard shall indemnify response ac3 tion contractors to the extent that adequate insurance 

4 is not generally available at a fair price at the time 

5 the contractor enters into the contract to cover the 

6 contractor’s reasonable, potential, long-term liability. 

7 ‘‘(c) AMOUNTS RECOVERED FOR RESPONSE AC8 TIONS.— 

9 ‘‘(1) All sums appropriated to carry out the 

10 Coast Guard’s environmental compliance and restora11 tion functions under this section or another law shall 

12 be credited or transferred to an appropriate Coast 

13 Guard account, as determined by the Commandant 

14 and remain available until expended. 

15 ‘‘(2) Funds may be obligated or expended from 

16 such account to carry out the Coast Guard’s environ17 mental compliance and restoration functions under 

18 this section or another law. 

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

20 under section 1105 of title 31, the President shall set 

21 forth separately the amount requested for the Coast 

22 Guard’s environmental compliance and restoration 

23 activities under this section or another law. 

24 ‘‘(4) Amounts recovered under section 107 of the 

25 Comprehensive Environmental Response, Compensa-
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1 tion, and Liability Act (42 U.S.C. 9607) for the Sec2 retary’s response actions at current and former Coast 

3 Guard facilities shall be credited to an appropriate 

4 Coast Guard account, as determined by the Com5 mandant. 

6 ‘‘(d) ANNUAL LIST OF PROJECTS TO CONGRESS.—The 

7 Commandant shall submit to the Committee on Transpor8 tation and Infrastructure of the House of Representatives 

9 and the Committee on Commerce, Science, and Transpor10 tation of the Senate a prioritized list of projects eligible for 

11 environmental compliance and restoration funding for each 

12 fiscal year concurrent with the President’s budget submis13 sion for that fiscal year.’’. 

14 (2) CONFORMING REPEALS.—Sections 634, 690, 

15 691, 692, and 693 of title 14, United States Code, are 

16 repealed. 

17 SEC. 105. CHAPTER 5. 

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

19 States Code, is amended by striking the chapter designa20 tion, the chapter heading, and the table of sections at the 

21 beginning and inserting the following: 

22 ‘‘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. 
15 

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‘‘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.’’. 

1 (b) REDESIGNATIONS AND TRANSFERS.— 

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

3 United States Code, identified in the table provided 

4 in paragraph (2) are amended— 

5 (A) by redesignating the sections as de6 scribed in the table; and 

7 (B) by transferring the sections, as nec8 essary, so that the sections appear after the table 

9 of sections for chapter 5 of such title (as added 

10 by subsection (a)), in the order in which the sec11 tions are presented in the table. 
16 

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

2 (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 

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 

642 Deposit of damage payments 546 
17 

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Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

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 

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

2 United States Code, is further amended— 

3 (1) by inserting before section 501 (as so redesig4 nated and transferred under subsection (b)) the fol5 lowing: 

6 ‘‘SUBCHAPTER I—GENERAL POWERS’’; 

7 (2) by inserting before section 521 (as so redesig8 nated and transferred under subsection (b)) the fol9 lowing: 

10 ‘‘SUBCHAPTER II—LIFE SAVING AND LAW 

11 ENFORCEMENT AUTHORITIES’’; 

12 (3) by inserting before section 541 (as so redesig13 nated and transferred under subsection (b)) the fol14 lowing: 

15 ‘‘SUBCHAPTER III—AIDS TO NAVIGATION’’; 

16 and 
18 

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1 (4) by inserting before section 561 (as so redesig2 nated and transferred under subsection (b)) the fol3 lowing: 

4 ‘‘SUBCHAPTER IV—MISCELLANEOUS’’. 

5 SEC. 106. CHAPTER 7. 

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

7 States Code, is amended by striking the chapter designa8 tion, the chapter heading, and the table of sections at the 

9 beginning and inserting the following: 

10 ‘‘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. 

‘‘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.’’. 

11 (b) REDESIGNATIONS AND TRANSFERS.— 

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

13 United States Code, identified in the table provided 

14 in paragraph (2) are amended— 

15 (A) by redesignating the sections as de16 scribed in the table; and 
19 

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1 (B) by transferring the sections, as nec2 essary, so that the sections appear after the table 

3 of sections for chapter 7 of such title (as added 

4 by subsection (a)), in the order in which the sec5 tions are presented in the table. 

6 (2) TABLE.—The table referred to in paragraph 

7 (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 

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 
20 

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Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

94 Oceanographic research 715 

90 Arctic maritime transportation 716 

102 Agreements 717 

1 SEC. 107. CHAPTER 9. 

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

3 States Code, is amended by striking the chapter designa4 tion, the chapter heading, and the table of sections at the 

5 beginning and inserting the following: 

6 ‘‘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. 

‘‘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. 
21 

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‘‘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.’’. 

1 (b) REDESIGNATIONS AND TRANSFERS.— 

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

3 United States Code, identified in the table provided 

4 in paragraph (2) are amended— 

5 (A) by redesignating the sections as de6 scribed in the table; and 

7 (B) by transferring the sections, as nec8 essary, so that the sections appear after the table 

9 of sections for chapter 9 of such title (as added 

10 by subsection (a)), in the order in which the sec11 tions are presented in the table. 

12 (2) TABLE.—The table referred to in paragraph 

13 (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 
22 

†S 140 EAS 

Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

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 

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 

650 Coast Guard Supply Fund 941 

654 Public and commercial vessels and other 

watercraft; sale of fuel, supplies, and services 942 
23 

†S 140 EAS 

Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

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 

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

2 United States Code, is further amended— 

3 (1) by inserting before section 901 (as so redesig4 nated and transferred under subsection (b)) the fol5 lowing: 

6 ‘‘SUBCHAPTER I—REAL AND PERSONAL 

7 PROPERTY’’; 

8 and 

9 (2) by inserting before section 931 (as so redesig10 nated and transferred under subsection (b)) the fol11 lowing: 
24 

†S 140 EAS 

1 ‘‘SUBCHAPTER II—MISCELLANEOUS’’. 

2 SEC. 108. CHAPTER 11. 

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

4 States Code, is amended by striking the chapter designa5 tion, the chapter heading, and the table of sections at the 

6 beginning and inserting the following: 

7 ‘‘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.’’. 

8 (b) REDESIGNATIONS AND TRANSFERS.— 
25 

†S 140 EAS 

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

2 United States Code, identified in the table provided 

3 in paragraph (2) are amended— 

4 (A) by redesignating the sections as de5 scribed in the table; and 

6 (B) by transferring the sections, as nec7 essary, so that the sections appear after the table 

8 of sections for chapter 11 of such title (as added 

9 by subsection (a)), in the order in which the sec10 tions are presented in the table. 

11 (2) TABLE.—The table referred to in paragraph 

12 (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 

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 
26 

†S 140 EAS 

Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

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 

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 

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

2 United States Code, is further amended— 

3 (1) by striking all subdivision designations and 

4 headings in such chapter, except for— 

5 (A) the chapter designation and heading 

6 added by subsection (a); 

7 (B) the subchapter designations and head8 ings added by this subsection; and 

9 (C) any designation or heading of a section 

10 or a subdivision of a section; 
27 

†S 140 EAS 

1 (2) by inserting before section 1101 (as so redes2 ignated and transferred under subsection (b)) the fol3 lowing: 

4 ‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 

5 (3) by inserting before section 1131 (as so redes6 ignated and transferred under subsection (b)) the fol7 lowing: 

8 ‘‘SUBCHAPTER II—IMPROVED ACQUISITION 

9 PROCESS AND PROCEDURES’’; 

10 (4) by inserting before section 1151 (as so redes11 ignated and transferred under subsection (b)) the fol12 lowing: 

13 ‘‘SUBCHAPTER III—PROCUREMENT’’; 

14 and 

15 (5) by inserting before section 1171 (as so redes16 ignated and transferred under subsection (b)) the fol17 lowing: 

18 ‘‘SUBCHAPTER IV—DEFINITIONS’’. 

19 SEC. 109. SUBTITLE II. 

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

21 is further amended by inserting after chapter 11 (as amend22 ed by section 108) the following: 

23 ‘‘Subtitle II—Personnel 

‘‘Chap. Sec.

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

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

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

‘‘25. Personnel; General Provisions ................................................ 2501
28 

†S 140 EAS 

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

Benefits ............................................................................ 2701

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

1 (b) RESERVED CHAPTER NUMBERS.— 

2 (1) CHAPTER 13.—Chapter 13 of title 14, United 

3 States Code, is amended by striking the chapter des4 ignation, the chapter heading, and the table of sec5 tions at the beginning. 

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

7 States Code, is amended— 

8 (A) by striking the chapter designation, the 

9 chapter heading, and the table of sections at the 

10 beginning; and 

11 (B) by striking the subchapter designation 

12 and the subchapter heading for each of the sub13 chapters of such chapter. 

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

15 States Code, is amended— 

16 (A) by striking the chapter designation, the 

17 chapter heading, and the table of sections at the 

18 beginning; and 

19 (B) by striking the subchapter designation 

20 and the subchapter heading for each of the sub21 chapters of such chapter. 

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

23 States Code, is amended by striking the chapter des-
29 

†S 140 EAS 

1 ignation, the chapter heading, and the table of sec2 tions at the beginning. 

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

4 States Code, is amended by striking the chapter des5 ignation, the chapter heading, and the table of sec6 tions at the beginning. 

7 SEC. 110. CHAPTER 19. 

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

9 States Code, is amended by striking the chapter designa10 tion, the chapter heading, and the table of sections at the 

11 beginning and inserting the following: 

12 ‘‘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. 

‘‘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. 
30 

†S 140 EAS 

‘‘1947. Assignment of personnel as instructors. 

‘‘1948. Marine safety curriculum.’’. 

1 (b) REDESIGNATIONS AND TRANSFERS.— 

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

3 United States Code, identified in the table provided 

4 in paragraph (2) are amended— 

5 (A) by redesignating the sections as de6 scribed in the table; and 

7 (B) by transferring the sections, as nec8 essary, so that the sections appear after the table 

9 of sections for chapter 19 of such title (as added 

10 by subsection (a)), in the order in which the sec11 tions are presented in the table. 

12 (2) TABLE.—The table referred to in paragraph 

13 (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 
31 

†S 140 EAS 

Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

184 Cadets; degree of bachelor of science 1928 

185 Cadets; appointment as ensign 1929 

197 Cadets: charges and fees for attendance; limitation 1930 

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 

1 (c) ADDITIONAL CHANGES.— 

2 (1) IN GENERAL.—Chapter 19 of title 14, United 

3 States Code, is further amended— 

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

5 redesignated and transferred under subsection 

6 (b)) the following: 

7 ‘‘SUBCHAPTER I—ADMINISTRATION’’; 

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

9 redesignated and transferred under subsection 

10 (b)) the following: 
32 

†S 140 EAS 

1 ‘‘SUBCHAPTER II—CADETS 

2 ‘‘§ 1921. Corps of Cadets authorized strength 

3 ‘‘The number of cadets appointed annually to the 

4 Academy shall be as determined by the Secretary but the 

5 number appointed in any one year shall not exceed six hun6 dred. 

7 ‘‘§ 1922. Appointments 

8 ‘‘Appointments to cadetships shall be made under reg9 ulations prescribed by the Secretary, who shall determine 

10 age limits, methods of selection of applicants, term of service 

11 as a cadet before graduation, and all other matters affecting 

12 such appointments. In the administration of this section, 

13 the Secretary shall take such action as may be necessary 

14 and appropriate to insure that female individuals shall be 

15 eligible for appointment and admission to the Coast Guard 

16 Academy, and that the relevant standards required for ap17 pointment, admission, training, graduation, and commis18 sioning of female individuals shall be the same as those re19 quired for male individuals, except for those minimum es20 sential adjustments in such standards required because of 

21 physiological differences between male and female individ22 uals.’’; 

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

24 redesignated and transferred under subsection 

25 (b)) the following: 
33 

†S 140 EAS 

1 ‘‘§ 1924. Conduct 

2 ‘‘The Secretary may summarily dismiss from the 

3 Coast Guard any cadet who, during his cadetship, is found 

4 unsatisfactory in either studies or conduct, or may be 

5 deemed not adapted for a career in the Coast Guard. Cadets 

6 shall be subject to rules governing discipline prescribed by 

7 the Commandant. 

8 ‘‘§ 1925. Agreement 

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

10 to the cadet’s length of service in the Coast Guard. The 

11 agreement shall provide that the cadet agrees to the fol12 lowing: 

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

14 instruction at the Coast Guard Academy. 

15 ‘‘(2) That upon graduation from the Coast 

16 Guard Academy the cadet— 

17 ‘‘(A) will accept an appointment, if ten18 dered, as a commissioned officer of the Coast 

19 Guard; and 

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

21 five years immediately after such appointment. 

22 ‘‘(3) That if an appointment described in para23 graph (2) is not tendered or if the cadet is permitted 

24 to resign as a regular officer before the completion of 

25 the commissioned service obligation of the cadet, the 

26 cadet— 
34 

†S 140 EAS 

1 ‘‘(A) will accept an appointment as a com2 missioned officer in the Coast Guard Reserve; 

3 and 

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

5 until completion of the commissioned service ob6 ligation of the cadet. 

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

8 Reserve, and may order to active duty for such period of 

9 time as the Secretary prescribes (but not to exceed four 

10 years), a cadet who breaches an agreement under subsection 

11 (a). The period of time for which a cadet is ordered to active 

12 duty under this paragraph may be determined without re13 gard to section 651(a) of title 10. 

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

15 Reserve under paragraph (1) shall be transferred in an ap16 propriate enlisted grade or rating, as determined by the 

17 Secretary. 

18 ‘‘(3) For the purposes of paragraph (1), a cadet shall 

19 be considered to have breached an agreement under sub20 section (a) if the cadet is separated from the Coast Guard 

21 Academy under circumstances which the Secretary deter22 mines constitute a breach by the cadet of the cadet’s agree23 ment to complete the course of instruction at the Coast 

24 Guard Academy and accept an appointment as a commis-
35 

†S 140 EAS 

1 sioned officer upon graduation from the Coast Guard Acad2 emy. 

3 ‘‘(c) The Secretary shall prescribe regulations to carry 

4 out this section. Those regulations shall include— 

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

6 for the purpose of subsection (b), a breach of an agree7 ment under subsection (a); 

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

9 breach has occurred; and 

10 ‘‘(3) standards for determining the period of 

11 time for which a person may be ordered to serve on 

12 active duty under subsection (b). 

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

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

15 means the period beginning on the date of the officer’s ap16 pointment as a commissioned officer and ending on the 

17 sixth anniversary of such appointment or, at the discretion 

18 of the Secretary, any later date up to the eighth anniversary 

19 of such appointment. 

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

21 not a citizen or national of the United States. 

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

23 has parents or a guardian, the cadet may sign the agree24 ment required by subsection (a) only with the consent of 

25 the parent or guardian. 
36 

†S 140 EAS 

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

2 terms of the obligation to serve as specified under section 

3 (a), or the alternative obligation imposed under subsection 

4 (b), shall be subject to the repayment provisions of section 

5 303a(e) of title 37.’’; and 

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

7 redesignated and transferred under subsection 

8 (b)) the following: 

9 ‘‘SUBCHAPTER III—FACULTY’’. 

10 (2) CONFORMING REPEAL.—Section 182 of title 

11 14, United States Code, is repealed. 

12 SEC. 111. PART II. 

13 Part II of title 14, United States Code, is amended 

14 by striking the part designation, the part heading, and the 

15 table of chapters at the beginning. 

16 SEC. 112. CHAPTER 21. 

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

18 States Code, is amended by striking the chapter designa19 tion, the chapter heading, and the table of sections at the 

20 beginning and inserting the following: 

21 ‘‘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. 
37 

†S 140 EAS 

‘‘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. 

‘‘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. 
38 

†S 140 EAS 

‘‘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.’’. 

1 (b) REDESIGNATIONS AND TRANSFERS.— 

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

3 United States Code, identified in the table provided 

4 in paragraph (2) are amended— 

5 (A) by redesignating the sections as de6 scribed in the table; and 

7 (B) by transferring the sections, as nec8 essary, so that the sections appear after the table 

9 of sections for chapter 21 of such title (as added 

10 by subsection (a)), in the order in which the sec11 tions are presented in the table. 

12 (2) TABLE.—The table referred to in paragraph 

13 (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 

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 
39 

†S 140 EAS 

Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

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 

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 
40 

†S 140 EAS 

Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

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 

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 

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 
41 

†S 140 EAS 

Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

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 

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

2 United States Code, is further amended— 

3 (1) by striking all subchapter designations and 

4 headings in such chapter, except for the subchapter 

5 designations and headings added by this subsection; 

6 (2) by inserting before section 2101 (as so redes7 ignated and transferred under subsection (b)) the fol8 lowing: 

9 ‘‘SUBCHAPTER I—APPOINTMENT AND 

10 PROMOTION’’; 

11 (3) by inserting before section 2115 (as so redes12 ignated and transferred under subsection (b)) the fol13 lowing: 
42 

†S 140 EAS 

1 ‘‘§ 2114. United States Deputy Marshals in Alaska 

2 ‘‘Commissioned officers may be appointed as United 

3 States Deputy Marshals in Alaska.’’; 

4 (4) by inserting before section 2141 (as so redes5 ignated and transferred under subsection (b)) the fol6 lowing: 

7 ‘‘SUBCHAPTER II—DISCHARGES; RETIREMENTS; 

8 REVOCATION OF COMMISSIONS; SEPARATION 

9 FOR CAUSE’’; 

10 and 

11 (5) by inserting before section 2181 (as so redes12 ignated and transferred under subsection (b)) the fol13 lowing: 

14 ‘‘SUBCHAPTER III—GENERAL PROVISIONS’’. 

15 SEC. 113. CHAPTER 23. 

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

17 States Code, is amended by striking the chapter designa18 tion, the chapter heading, and the table of sections at the 

19 beginning and inserting the following: 

20 ‘‘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. 
43 

†S 140 EAS 

‘‘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.’’. 

1 (b) REDESIGNATIONS AND TRANSFERS.— 

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

3 United States Code, identified in the table provided 

4 in paragraph (2) are amended— 

5 (A) by redesignating the sections as de6 scribed in the table; and 

7 (B) by transferring the sections, as nec8 essary, so that the sections appear after the table 

9 of sections for chapter 23 of such title (as added 

10 by subsection (a)), in the order in which the sec11 tions are presented in the table. 

12 (2) TABLE.—The table referred to in paragraph 

13 (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 

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 
44 

†S 140 EAS 

Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

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 

371 Aviation cadets; procurement; transfer 2317 

372 Aviation cadets; benefits 2318 

374 Critical skill training bonus 2319 

1 SEC. 114. CHAPTER 25. 

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

3 States Code, is amended by striking the chapter designa4 tion, the chapter heading, and the table of sections at the 

5 beginning and inserting the following: 
45 

†S 140 EAS 

1 ‘‘CHAPTER 25—PERSONNEL; GENERAL 

2 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.’’. 

3 (b) REDESIGNATIONS AND TRANSFERS.— 

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

5 United States Code, identified in the table provided 

6 in paragraph (2) are amended— 

7 (A) by redesignating the sections as de8 scribed in the table; and 

9 (B) by transferring the sections, as nec10 essary, so that the sections appear after the table 

11 of sections for chapter 25 of such title (as added 

12 by subsection (a)), in the order in which the sec13 tions are presented in the table. 

14 (2) TABLE.—The table referred to in paragraph 

15 (1) is the following: 
46 

†S 140 EAS 

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 

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

2 United States Code, is further amended— 

3 (1) by inserting before section 2501 (as so redes4 ignated and transferred under subsection (b)) the fol5 lowing: 

6 ‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 

7 and 
47 

†S 140 EAS 

1 (2) by inserting before section 2531 (as so redes2 ignated and transferred under subsection (b)) the fol3 lowing: 

4 ‘‘SUBCHAPTER II—LIGHTHOUSE SERVICE’’. 

5 SEC. 115. PART III. 

6 Part III of title 14, United States Code, is amended 

7 by striking the part designation, the part heading, and the 

8 table of chapters at the beginning. 

9 SEC. 116. CHAPTER 27. 

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

11 States Code, is amended by striking the chapter designa12 tion, the chapter heading, and the table of sections at the 

13 beginning and inserting the following: 

14 ‘‘CHAPTER 27—PAY, ALLOWANCES, 

15 AWARDS, AND OTHER RIGHTS AND 

16 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. 
48 

†S 140 EAS 

‘‘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. 

‘‘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.’’. 

1 (b) REDESIGNATIONS AND TRANSFERS.— 

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

3 United States Code, identified in the table provided 

4 in paragraph (2) are amended— 

5 (A) by redesignating the sections as de6 scribed in the table; and 
49 

†S 140 EAS 

1 (B) by transferring the sections, as nec2 essary, so that the sections appear after the table 

3 of sections for chapter 27 of such title (as added 

4 by subsection (a)), in the order in which the sec5 tions are presented in the table. 

6 (2) TABLE.—The table referred to in paragraph 

7 (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 

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 
50 

†S 140 EAS 

Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

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 

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 
51 

†S 140 EAS 

Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

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 

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 

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

2 United States Code, is further amended— 

3 (1) by inserting before section 2701 (as so redes4 ignated and transferred under subsection (b)) the fol5 lowing: 
52 

†S 140 EAS 

1 ‘‘SUBCHAPTER I—PERSONNEL RIGHTS AND 

2 BENEFITS’’; 

3 (2) by inserting before section 2731 (as so redes4 ignated and transferred under subsection (b)) the fol5 lowing: 

6 ‘‘SUBCHAPTER II—AWARDS’’; 

7 and 

8 (3) by inserting before section 2761 (as so redes9 ignated and transferred under subsection (b)) the fol10 lowing: 

11 ‘‘SUBCHAPTER III—PAYMENTS’’. 

12 SEC. 117. CHAPTER 29. 

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

14 States Code, is amended by striking the chapter designa15 tion, the chapter heading, and the table of sections at the 

16 beginning and inserting the following: 

17 ‘‘CHAPTER 29—COAST GUARD FAMILY 

18 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. 
53 

†S 140 EAS 

‘‘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.’’. 

1 (b) REDESIGNATIONS AND TRANSFERS.— 

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

3 United States Code, identified in the table provided 

4 in paragraph (2) are amended— 

5 (A) by redesignating the sections as de6 scribed in the table; and 

7 (B) by transferring the sections, as nec8 essary, so that the sections appear after the table 

9 of sections for chapter 29 of such title (as added 

10 by subsection (a)), in the order in which the sec11 tions are presented in the table. 

12 (2) TABLE.—The table referred to in paragraph 

13 (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 
54 

†S 140 EAS 

Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

543 Youth sponsorship initiatives 2905 

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 

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

2 United States Code, is further amended— 

3 (1) by inserting before section 2901 (as so redes4 ignated and transferred under subsection (b)) the fol5 lowing: 
55 

†S 140 EAS 

1 ‘‘SUBCHAPTER I—COAST GUARD FAMILIES’’; 

2 (2) by inserting before section 2921 (as so redes3 ignated and transferred under subsection (b)) the fol4 lowing: 

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

6 and 

7 (3) by inserting before section 2941 (as so redes8 ignated and transferred under subsection (b)) the fol9 lowing: 

10 ‘‘SUBCHAPTER III—HOUSING’’. 

11 SEC. 118. SUBTITLE III AND CHAPTER 37. 

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

13 is further amended by adding after chapter 29 (as amended 

14 by section 117) the following: 

15 ‘‘Subtitle III—Coast Guard Reserve 

16 and Auxiliary 

‘‘Chap. Sec. 

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

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

‘‘41. General Provisions for Coast Guard Reserve and 

Auxiliary ......................................................................... 4101 

17 ‘‘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. 
56 

†S 140 EAS 

‘‘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. 

‘‘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.’’. 

1 (b) REDESIGNATIONS AND TRANSFERS.— 

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

3 United States Code, identified in the table provided 

4 in paragraph (2) are amended— 

5 (A) by redesignating the sections as de6 scribed in the table; and 
57 

†S 140 EAS 

1 (B) by transferring the sections, as nec2 essary, so that the sections appear after the table 

3 of sections for chapter 37 of such title (as added 

4 by subsection (a)), in the order in which the sec5 tions are presented in the table. 

6 (2) TABLE.—The table referred to in paragraph 

7 (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 

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 
58 

†S 140 EAS 

Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

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 

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 
59 

†S 140 EAS 

Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

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 

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

2 United States Code, is further amended— 

3 (1) by inserting before section 3701 (as so redes4 ignated and transferred under subsection (b)) the fol5 lowing: 

6 ‘‘SUBCHAPTER I—ADMINISTRATION’’; 

7 and 

8 (2) by inserting before section 3731 (as so redes9 ignated and transferred under subsection (b)) the fol10 lowing: 

11 ‘‘SUBCHAPTER II—PERSONNEL’’. 

12 SEC. 119. CHAPTER 39. 

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

14 is further amended by adding after chapter 37 (as added 

15 by section 118) the following: 

16 ‘‘CHAPTER 39—COAST GUARD AUXILIARY 

‘‘Sec. 

‘‘3901. Administration of the Coast Guard Auxiliary. 
60 

†S 140 EAS 

‘‘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.’’. 

1 (b) REDESIGNATIONS AND TRANSFERS.— 

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

3 United States Code, identified in the table provided 

4 in paragraph (2) are amended— 

5 (A) by redesignating the sections as de6 scribed in the table; and 

7 (B) by transferring the sections, as nec8 essary, so that the sections appear after the table 

9 of sections for chapter 39 of such title (as added 

10 by subsection (a)), in the order in which the sec11 tions are presented in the table. 

12 (2) TABLE.—The table referred to in paragraph 

13 (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 

823 Eligibility; enrollments 3903 

823a Members of the Auxiliary; status 3904 
61 

†S 140 EAS 

Title 14 

section 

number before redesignation 

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

Title 14 

section 

number 

after redesignation 

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 

1 SEC. 120. CHAPTER 41. 

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

3 is further amended by adding after chapter 39 (as added 

4 by section 119) the following: 

5 ‘‘CHAPTER 41—GENERAL PROVISIONS FOR 

6 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.’’. 

7 (b) REDESIGNATIONS AND TRANSFERS.— 

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

9 United States Code, identified in the table provided 

10 in paragraph (2) are amended— 
62 

†S 140 EAS 

1 (A) by redesignating the sections as de2 scribed in the table; and 

3 (B) by transferring the sections, as nec4 essary, so that the sections appear after the table 

5 of sections for chapter 41 of such title (as added 

6 by subsection (a)), in the order in which the sec7 tions are presented in the table. 

8 (2) TABLE.—The table referred to in paragraph 

9 (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 

10 SEC. 121. SUBTITLE IV AND CHAPTER 49. 

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

12 is further amended by adding after chapter 41 (as added 

13 by section 120) the following: 

14 ‘‘Subtitle IV—Coast Guard Author15 izations and Reports to Congress 

‘‘Chap. Sec. 

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

‘‘51. Reports ................................................................................................ 5101 
63 

†S 140 EAS 

1 ‘‘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.’’. 

2 (b) REDESIGNATIONS AND TRANSFERS.— 

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

4 United States Code, identified in the table provided 

5 in paragraph (2) are amended— 

6 (A) by redesignating the sections as de7 scribed in the table; and 

8 (B) by transferring the sections, as nec9 essary, so that the sections appear after the table 

10 of sections for chapter 49 of such title (as added 

11 by subsection (a)), in the order in which the sec12 tions are presented in the table. 

13 (2) TABLE.—The table referred to in paragraph 

14 (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 
64 

†S 140 EAS 

1 SEC. 122. CHAPTER 51. 

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

3 is further amended by adding after chapter 49 (as added 

4 by section 121) the following: 

5 ‘‘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.’’. 

6 (b) REDESIGNATIONS AND TRANSFERS.— 

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

8 United States Code, identified in the table provided 

9 in paragraph (2) are amended— 

10 (A) by redesignating the sections as de11 scribed in the table; and 

12 (B) by transferring the sections, as nec13 essary, so that the sections appear after the table 

14 of sections for chapter 51 of such title (as added 

15 by subsection (a)), in the order in which the sec16 tions are presented in the table. 

17 (2) TABLE.—The table referred to in paragraph 

18 (1) is the following: 
65 

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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 

1 SEC. 123. REFERENCES. 

2 (a) DEFINITIONS.—In this section, the following defi3 nitions apply: 

4 (1) REDESIGNATED SECTION.—The term ‘‘redes5 ignated section’’ means a section of title 14, United 

6 States Code, that is redesignated by this title, as that 

7 section is so redesignated. 

8 (2) SOURCE SECTION.—The term ‘‘source sec9 tion’’ means a section of title 14, United States Code, 

10 that is redesignated by this title, as that section was 

11 in effect before the redesignation. 

12 (b) REFERENCE TO SOURCE SECTION.— 

13 (1) TREATMENT OF REFERENCE.—A reference to 

14 a source section, including a reference in a regula15 tion, order, or other law, is deemed to refer to the cor16 responding redesignated section. 
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1 (2) TITLE 14.—In title 14, United States Code, 

2 each reference in the text of such title to a source sec3 tion is amended by striking such reference and insert4 ing a reference to the appropriate, as determined 

5 using the tables located in this title, redesignated sec6 tion. 

7 (c) OTHER CONFORMING AMENDMENTS.— 

8 (1) REFERENCE TO SECTION 182.—Section 

9 1923(c) of title 14, United States Code, as so redesig10 nated by this title, is further amended by striking 

11 ‘‘section 182’’ and inserting ‘‘section 1922’’. 

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

13 United States Code, is further amended— 

14 (A) in section 2146(d), as so redesignated 

15 by this title, by striking ‘‘chapter 11 of this title’’ 

16 and inserting ‘‘this chapter’’; and 

17 (B) in section 3739, as so redesignated by 

18 this title, by striking ‘‘chapter 11’’ each place 

19 that it appears and inserting ‘‘chapter 21’’. 

20 (3) REFERENCE TO CHAPTER 13.—Section 

21 3705(b) of title 14, United States Code, as so redesig22 nated by this title, is further amended by striking 

23 ‘‘chapter 13’’ and inserting ‘‘chapter 27’’. 

24 (4) REFERENCE TO CHAPTER 15.—Section 

25 308(b)(3) of title 14, United States Code, as so redes-
67 

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1 ignated by this title, is further amended by striking 

2 ‘‘chapter 15’’ and inserting ‘‘chapter 11’’. 

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

4 United States Code, is further amended— 

5 (A) in section 4901(4), as so redesignated 

6 by this title, by striking ‘‘chapter 19’’ and insert7 ing ‘‘section 318’’; and 

8 (B) in section 4902(4), as so redesignated 

9 by this title, by striking ‘‘chapter 19’’ and insert10 ing ‘‘section 318’’. 

11 (6) REFERENCE TO CHAPTER 23.—Section 

12 701(a) of title 14, United States Code, as so redesig13 nated by this title, is further amended by striking 

14 ‘‘chapter 23’’ and inserting ‘‘chapter 39’’. 

15 SEC. 124. RULE OF CONSTRUCTION. 

16 This title, including the amendments made by this 

17 title, is intended only to reorganize title 14, United States 

18 Code, and may not be construed to alter— 

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

20 States Code, including any authority or requirement 

21 therein; 

22 (2) a department or agency interpretation with 

23 respect to title 14, United States Code; or 

24 (3) a judicial interpretation with respect to title 

25 14, United States Code. 
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1 TITLE II—AUTHORIZATIONS 

2 SEC. 201. AMENDMENTS TO TITLE 14, UNITED STATES 

3 CODE, AS AMENDED BY TITLE I OF THIS ACT. 

4 Except as otherwise expressly provided, whenever in 

5 this title an amendment or repeal is expressed in terms of 

6 an amendment to, or a repeal of, a section or other provi7 sion of title 14, United States Code, the reference shall be 

8 considered to be made to title 14, United States Code, as 

9 amended by title I of this Act. 

10 SEC. 202. AUTHORIZATIONS OF APPROPRIATIONS. 

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

12 States Code, is amended to read as follows: 

13 ‘‘§ 4902. Authorizations of appropriations 

14 ‘‘(a) FISCAL YEAR 2018.—Funds are authorized to be 

15 appropriated for fiscal year 2018 for necessary expenses of 

16 the Coast Guard as follows: 

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

18 Coast Guard, not otherwise provided for, 

19 $7,210,313,000 for fiscal year 2018. 

20 ‘‘(2) For the acquisition, construction, renova21 tion, and improvement of aids to navigation, shore 

22 facilities, vessels, aircraft, and systems, including 

23 equipment related thereto, and for maintenance, reha24 bilitation, lease, and operation of facilities and equip25 ment, $2,694,745,000 for fiscal year 2018. 
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1 ‘‘(3) For the Coast Guard Reserve program, in2 cluding operations and maintenance of the program, 

3 personnel and training costs, equipment, and services, 

4 $114,875,000 for fiscal year 2018. 

5 ‘‘(4) For the environmental compliance and res6 toration functions of the Coast Guard under chapter 

7 3 of this title, $13,397,000 for fiscal year 2018. 

8 ‘‘(5) To the Commandant for research, develop9 ment, test, and evaluation of technologies, materials, 

10 and human factors directly related to improving the 

11 performance of the Coast Guard’s mission with re12 spect to search and rescue, aids to navigation, marine 

13 safety, marine environmental protection, enforcement 

14 of laws and treaties, ice operations, oceanographic re15 search, and defense readiness, and for maintenance, 

16 rehabilitation, lease, and operation of facilities and 

17 equipment, $29,141,000 for fiscal year 2018. 

18 ‘‘(b) FISCAL YEAR 2019.—Funds are authorized to be 

19 appropriated for fiscal year 2019 for necessary expenses of 

20 the Coast Guard as follows: 

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

22 the Coast Guard, not otherwise provided for, 

23 $7,914,195,000 for fiscal year 2019. 

24 ‘‘(B) Of the amount authorized under subpara25 graph (A)— 
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1 ‘‘(i) $16,701,000 shall be for environmental 

2 compliance and restoration; and 

3 ‘‘(ii) $199,360,000 shall be for the Coast 

4 Guard’s Medicare-eligible retiree health care fund 

5 contribution to the Department of Defense. 

6 ‘‘(2) For the procurement, construction, renova7 tion, and improvement of aids to navigation, shore 

8 facilities, vessels, aircraft, and systems, including 

9 equipment related thereto, and for maintenance, reha10 bilitation, lease, and operation of facilities and equip11 ment, $2,694,745,000 for fiscal year 2019. 

12 ‘‘(3) To the Commandant for research, develop13 ment, test, and evaluation of technologies, materials, 

14 and human factors directly related to improving the 

15 performance of the Coast Guard’s mission with re16 spect to search and rescue, aids to navigation, marine 

17 safety, marine environmental protection, enforcement 

18 of laws and treaties, ice operations, oceanographic re19 search, and defense readiness, and for maintenance, 

20 rehabilitation, lease, and operation of facilities and 

21 equipment, $29,141,000 for fiscal year 2019.’’. 

22 (b) REPEAL.—On October 1, 2018— 

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

24 Code, as amended by subsection (a), shall be repealed; 

25 and 
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1 (2) subsection 4902(b) of title 14, United States 

2 Code, as amended by subsection (a), shall be amended 

3 by striking ‘‘(b) FISCAL YEAR 2019.—’’. 

4 SEC. 203. AUTHORIZED LEVELS OF MILITARY STRENGTH 

5 AND TRAINING. 

6 Section 4904 of title 14, United States Code, is amend7 ed— 

8 (1) in subsection (a), by striking ‘‘for each of fis9 cal years 2016 and 2017’’ and inserting ‘‘for fiscal 

10 year 2018 and 44,500 for fiscal year 2019’’; and 

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

12 2016 and 2017’’ and inserting ‘‘fiscal years 2018 and 

13 2019’’. 

14 SEC. 204. AUTHORIZATION OF AMOUNTS FOR FAST RE15 SPONSE CUTTERS. 

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

17 section 4902 of title 14, United States Code, as amended 

18 by this Act, for each of fiscal years 2018 and 2019 up to 

19 $167,500,000 is authorized for the acquisition of 3 Fast Re20 sponse Cutters. 

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

22 acquired pursuant to subsection (a) shall be in addition to 

23 the 58 cutters approved under the existing acquisition base24 line. 
72 

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1 SEC. 205. AUTHORIZATION OF AMOUNTS FOR SHORESIDE 

2 INFRASTRUCTURE. 

3 Of the amounts authorized under section 4902 of title 

4 14, United States Code, as amended by this Act, for each 

5 of fiscal years 2018 and 2019 up to $167,500,000 is author6 ized for the Secretary of the department in which the Coast 

7 Guard is operating to fund the acquisition, construction, 

8 rebuilding, or improvement of Coast Guard shoreside infra9 structure and facilities necessary to support Coast Guard 

10 operations and readiness. 

11 SEC. 206. AUTHORIZATION OF AMOUNTS FOR AIRCRAFT IM12 PROVEMENTS. 

13 Of the amounts authorized under section 4902 of title 

14 14, United States Code, as amended by this Act, for each 

15 of fiscal years 2018 and 2019 up to $3,500,000 is author16 ized for the Secretary of the department in which the Coast 

17 Guard is operating to fund analysis and program develop18 ment for improvements to or the replacement of rotary-wing 

19 aircraft. 

20 TITLE III—COAST GUARD 

21 SEC. 301. AMENDMENTS TO TITLE 14, UNITED STATES 

22 CODE, AS AMENDED BY TITLE I OF THIS ACT. 

23 Except as otherwise expressly provided, whenever in 

24 this title an amendment or repeal is expressed in terms of 

25 an amendment to, or a repeal of, a section or other provi26 sion of title 14, United States Code, the reference shall be 
73 

†S 140 EAS 

1 considered to be made to title 14, United States Code, as 

2 amended by title I of this Act. 

3 SEC. 302. PRIMARY DUTIES. 

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

5 amended to read as follows: 

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

7 the defense of the United States, including when func8 tioning as a specialized service in the Navy pursuant 

9 to section 103.’’. 

10 SEC. 303. NATIONAL COAST GUARD MUSEUM. 

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

12 to read as follows: 

13 ‘‘§ 316. National Coast Guard Museum 

14 ‘‘(a) ESTABLISHMENT.—The Commandant may estab15 lish a National Coast Guard Museum, on lands which will 

16 be federally owned and administered by the Coast Guard, 

17 and are located in New London, Connecticut, at, or in close 

18 proximity to, the Coast Guard Academy. 

19 ‘‘(b) LIMITATION ON EXPENDITURES.— 

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

21 appropriated to the Coast Guard on the construction 

22 of any museum established under this section. 

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

24 Guard Museum with nonappropriated and non-Fed25 eral funds to the maximum extent practicable. The 
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1 priority use of Federal funds should be to preserve 

2 and protect historic Coast Guard artifacts, including 

3 the design, fabrication, and installation of exhibits or 

4 displays in which such artifacts are included. 

5 ‘‘(3) The Secretary may expend funds appro6 priated to the Coast Guard on the engineering and 

7 design of a National Coast Guard Museum. 

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

9 Commandant establishes a National Coast Guard Museum 

10 under subsection (a), the Commandant shall provide to the 

11 Committee on Commerce, Science, and Transportation of 

12 the Senate and the Committee on Transportation and In13 frastructure of the House of Representatives a plan for con14 structing, operating, and maintaining such a museum, in15 cluding— 

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

17 construction, operation, and maintenance costs; 

18 ‘‘(2) the extent to which appropriated, non19 appropriated, and non-Federal funds will be used for 

20 such purposes, including the extent to which there is 

21 any shortfall in funding for engineering, design, or 

22 construction; and 

23 ‘‘(3) a certification by the Inspector General of 

24 the department in which the Coast Guard is oper-
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1 ating that the estimates provided pursuant to para2 graphs (1) and (2) are reasonable and realistic. 

3 ‘‘(d) AUTHORITY.—The Commandant may not estab4 lish a National Coast Guard museum except as set forth 

5 in this section.’’. 

6 SEC. 304. UNMANNED AIRCRAFT. 

7 (a) LAND-BASED UNMANNED AIRCRAFT SYSTEM PRO8 GRAM.—Chapter 3 of title 14, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘§ 319. Land-based unmanned aircraft system pro11 gram 

12 ‘‘(a) IN GENERAL.—Subject to the availability of ap13 propriations, the Secretary shall establish a land-based un14 manned aircraft system program under the control of the 

15 Commandant. 

16 ‘‘(b) UNMANNED AIRCRAFT SYSTEM DEFINED.—In 

17 this section, the term ‘unmanned aircraft system’ has the 

18 meaning given that term in section 331 of the FAA Mod19 ernization and Reform Act of 2012 (49 U.S.C. 40101 

20 note).’’. 

21 (b) LIMITATION ON UNMANNED AIRCRAFT SYSTEMS.— 

22 Chapter 11 of title 14, United States Code, is amended by 

23 inserting after section 1155 the following: 
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1 ‘‘§ 1156. Limitation on unmanned aircraft systems 

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

3 funds are appropriated for the design or construction of an 

4 Offshore Patrol Cutter, the Commandant— 

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

6 unmanned aircraft system for use by the Coast 

7 Guard; and 

8 ‘‘(2) may lease, acquire, or acquire the services 

9 of an unmanned aircraft system only if such sys10 tem— 

11 ‘‘(A) has been part of a program of record 

12 of, procured by, or used by a Federal entity (or 

13 funds for research, development, test, and evalua14 tion have been received from a Federal entity 

15 with regard to such system) before the date on 

16 which the Commandant leases, acquires, or ac17 quires the services of the system; and 

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

19 Commandant through an agreement with a Fed20 eral entity, unless such an agreement is not 

21 practicable or would be less cost-effective than an 

22 independent contract action by the Coast Guard. 

23 ‘‘(b) SMALL UNMANNED AIRCRAFT EXEMPTION.—Sub24 section (a)(2) does not apply to small unmanned aircraft. 

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

26 unmanned aircraft’ and ‘unmanned aircraft system’ have 
77 

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1 the meanings given those terms in section 331 of the FAA 

2 Modernization and Reform Act of 2012 (49 U.S.C. 40101 

3 note).’’. 

4 (c) CLERICAL AMENDMENTS.— 

5 (1) CHAPTER 3.—The analysis for chapter 3 of 

6 title 14, United States Code, is amended by adding 

7 at the end the following: 

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

8 (2) CHAPTER 11.—The analysis for chapter 11 of 

9 title 14, United States Code, is amended by inserting 

10 after the item relating to section 1155 the following: 

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

11 (d) CONFORMING AMENDMENT.—Subsection (c) of sec12 tion 1105 of title 14, United States Code, is repealed. 

13 SEC. 305. COAST GUARD HEALTH-CARE PROFESSIONALS; LI14 CENSURE PORTABILITY. 

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

16 Code, is amended by inserting after section 507 the fol17 lowing: 

18 ‘‘§ 508. Coast Guard health-care professionals; licen19 sure portability 

20 ‘‘(a) IN GENERAL.—Notwithstanding any other provi21 sion of law regarding the licensure of health-care providers, 

22 a health-care professional described in subsection (b) may 

23 practice the health profession or professions of the health24 care professional at any location in any State, the District 
78 

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1 of Columbia, or a Commonwealth, territory, or possession 

2 of the United States, regardless of where such health-care 

3 professional or the patient is located, if the practice is with4 in the scope of the authorized Federal duties of such health5 care professional. 

6 ‘‘(b) DESCRIBED INDIVIDUALS.—A health-care profes7 sional described in this subsection is an individual— 

8 ‘‘(1) who is— 

9 ‘‘(A) a member of the Coast Guard; 

10 ‘‘(B) a civilian employee of the Coast 

11 Guard; 

12 ‘‘(C) a member of the Public Health Service 

13 who is assigned to the Coast Guard; or 

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

15 credentialed and privileged at a Federal health16 care institution or location specially designated 

17 by the Secretary; and 

18 ‘‘(2) who— 

19 ‘‘(A) has a current license to practice medi20 cine, osteopathic medicine, dentistry, or another 

21 health profession; and 

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

23 Coast Guard. 
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1 ‘‘(c) DEFINITIONS.—In this section, the terms ‘license’ 

2 and ‘health-care professional’ have the meanings given those 

3 terms in section 1094(e) of title 10.’’. 

4 (b) CLERICAL AMENDMENT.—The analysis for chapter 

5 5 of title 14, United States Code, is amended by inserting 

6 after the item relating to section 507 the following: 

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

7 (c) ELECTRONIC HEALTH RECORDS.— 

8 (1) SYSTEM.—The Commandant of the Coast 

9 Guard is authorized to procure for the Coast Guard 

10 an electronic health record system that— 

11 (A) has been competitively awarded by the 

12 Department of Defense; and 

13 (B) ensures full integration with the De14 partment of Defense electronic health record sys15 tems. 

16 (2) SUPPORT SERVICES.— 

17 (A) IN GENERAL.—The Commandant is au18 thorized to procure support services for the elec19 tronic health record system procured under para20 graph (1) necessary to ensure full integration 

21 with the Department of Defense electronic health 

22 record systems. 

23 (B) SCOPE.—Support services procured 

24 pursuant to this paragraph may include services 

25 for the following: 
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1 (i) System integration support. 

2 (ii) Hosting support. 

3 (iii) Training, testing, technical, and 

4 data migration support. 

5 (iv) Hardware support. 

6 (v) Any other support the Com7 mandant considers appropriate. 

8 (3) AUTHORIZED PROCUREMENT ACTIONS.—The 

9 Commandant is authorized to procure an electronic 

10 health record system under this subsection through the 

11 following: 

12 (A) A task order under the Department of 

13 Defense electronic health record contract. 

14 (B) A sole source contract award. 

15 (C) An agreement made pursuant to sec16 tions 1535 and 1536 of title 31, United States 

17 Code. 

18 (D) A contract or other procurement vehicle 

19 otherwise authorized. 

20 (4) COMPETITION IN CONTRACTING; EXEMP21 TION.—Procurement of an electronic health record 

22 system and support services pursuant to this sub23 section shall be exempt from the competition require24 ments of section 2304 of title 10, United States Code. 
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1 SEC. 306. TRAINING; EMERGENCY RESPONSE PROVIDERS. 

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

3 Code, is amended by adding at the end the following: 

4 ‘‘§ 718. Training; emergency response providers 

5 ‘‘(a) IN GENERAL.—The Commandant may, on a re6 imbursable or a non-reimbursable basis, make a training 

7 available to emergency response providers whenever the 

8 Commandant determines that— 

9 ‘‘(1) a member of the Coast Guard, who is sched10 uled to participate in such training, is unable or un11 available to participate in such training; 

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

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

14 Coast Guard who is unable or unavailable to partici15 pate in such training is assigned, is able or available 

16 to participate in such training; and 

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

18 emergency response providers, would further the goal 

19 of interoperability among Federal agencies, non-Fed20 eral governmental agencies, or both. 

21 ‘‘(b) EMERGENCY RESPONSE PROVIDERS DEFINED.— 

22 In this section, the term ‘emergency response providers’ has 

23 the meaning given that term in section 2 of the Homeland 

24 Security Act of 2002 (6 U.S.C. 101). 

25 ‘‘(c) TREATMENT OF REIMBURSEMENT.—Any reim26 bursements for a training that the Coast Guard receives 
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1 under this section shall be credited to the appropriation 

2 used to pay the costs for such training. 

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

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

5 emergency response provider, training is made avail6 able under this section, who is not otherwise a Fed7 eral employee, shall not, because of that training, be 

8 considered a Federal employee for any purpose (in9 cluding the purposes of chapter 81 of title 5 (relating 

10 to compensation for injury) and sections 2671 

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

12 ‘‘(2) LIMITATION ON LIABILITY.—The United 

13 States shall not be liable for actions taken by an indi14 vidual in the course of training made available under 

15 this section.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for chapter 

17 7 of title 14, United States Code, is amended by adding 

18 at the end the following: 

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

19 SEC. 307. INCENTIVE CONTRACTS FOR COAST GUARD YARD 

20 AND INDUSTRIAL ESTABLISHMENTS. 

21 Section 939 of title 14, United States Code, is amend22 ed— 

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

24 following: ‘‘(a) IN GENERAL.—’’; 
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1 (2) in subsection (a), as so designated by para2 graph (1) of this section, by striking the period at the 

3 end of the last sentence and inserting ‘‘or in accord4 ance with subsection (b).’’; and 

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

6 ‘‘(b) INCENTIVE CONTRACTS.— 

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

8 to be performed by the Coast Guard Yard or a Coast 

9 Guard industrial establishment designated under sub10 section (a) may enter into an order or a cost-plus-in11 centive-fee order in accordance with this subsection. 

12 ‘‘(2) If such parties enter into such an order or 

13 a cost-plus-incentive-fee order, an agreed-upon 

14 amount of any adjustment described in subsection (a) 

15 may be distributed as an incentive to the wage-grade 

16 industrial employees who complete the order. 

17 ‘‘(3) Before entering into such an order or cost18 plus-incentive-fee order such parties must agree that 

19 the wage-grade employees of the Coast Guard Yard or 

20 Coast Guard industrial establishment will take action 

21 to improve the delivery schedule or technical perform22 ance agreed to in the order for industrial work to 

23 which such parties initially agreed. 

24 ‘‘(4) Notwithstanding any other provision of law, 

25 if the industrial workforce of the Coast Guard Yard 
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1 or Coast Guard industrial establishment satisfies the 

2 performance target established in such an order or 

3 cost-plus-incentive-fee order— 

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

5 subsection (a) shall be reduced by an agreed6 upon amount and distributed to such wage-grade 

7 industrial employees; and 

8 ‘‘(B) the remainder of the adjustment shall 

9 be credited to the appropriation for such order 

10 current at that time.’’. 

11 SEC. 308. CONFIDENTIAL INVESTIGATIVE EXPENSES. 

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

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

14 SEC. 309. REGULAR CAPTAINS; RETIREMENT. 

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

16 amended— 

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

18 from being placed at the top of the list of selectees 

19 promulgated by the Secretary under section 2121(a) 

20 of this title, is’’; and 

21 (2) by striking the period at the end and insert22 ing ‘‘or placed at the top of the list of selectees, as ap23 plicable.’’. 
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1 SEC. 310. CONVERSION, ALTERATION, AND REPAIR 

2 PROJECTS. 

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

4 Code, as amended by this Act, is further amended by insert5 ing after section 951 the following: 

6 ‘‘§ 952. Construction of Coast Guard vessels and as7 signment of vessel projects 

8 ‘‘The assignment of Coast Guard vessel conversion, al9 teration, and repair projects shall be based on economic and 

10 military considerations and may not be restricted by a re11 quirement that certain parts of Coast Guard shipwork be 

12 assigned to a particular type of shipyard or geographical 

13 area or by a similar requirement.’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chapter 

15 9 of title 14, United States Code, is amended by inserting 

16 after the item relating to section 951 the following: 

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

17 SEC. 311. CONTRACTING FOR MAJOR ACQUISITIONS PRO18 GRAMS. 

19 (a) GENERAL ACQUISITION AUTHORITY.—Section 

20 501(d) of title 14, United States Code, is amended by insert21 ing ‘‘aircraft, and systems,’’ after ‘‘vessels,’’. 

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

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

24 amended by inserting after section 1136 the following: 
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1 ‘‘§ 1137. Contracting for major acquisitions programs 

2 ‘‘(a) IN GENERAL.—In carrying out authorities pro3 vided to the Secretary to design, construct, accept, or other4 wise acquire assets and systems under section 501(d), the 

5 Secretary, acting through the Commandant or the head of 

6 an integrated program office established for a major acqui7 sition program, may enter into contracts for a major acqui8 sition program. 

9 ‘‘(b) AUTHORIZED METHODS.—Contracts entered into 

10 under subsection (a)— 

11 ‘‘(1) may be block buy contracts; 

12 ‘‘(2) may be incrementally funded; 

13 ‘‘(3) may include combined purchases, also 

14 known as economic order quantity purchases, of— 

15 ‘‘(A) materials and components; and 

16 ‘‘(B) long lead time materials; and 

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

18 may be multiyear contracts. 

19 ‘‘(c) SUBJECT TO APPROPRIATIONS.—Any contract en20 tered into under subsection (a) shall provide that any obli21 gation of the United States to make a payment under the 

22 contract is subject to the availability of amounts specifically 

23 provided in advance for that purpose in subsequent appro24 priations Acts.’’. 

25 (c) CLERICAL AMENDMENT.—The analysis for chapter 

26 11 of title 14, United States Code, as amended by this Act, 
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1 is further amended by inserting after the item relating to 

2 section 1136 the following: 

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

3 (d) CONFORMING AMENDMENTS.—The following provi4 sions are repealed: 

5 (1) Section 223 of the Howard Coble Coast 

6 Guard and Maritime Transportation Act of 2014 (14 

7 U.S.C. 1152 note), and the item relating to that sec8 tion in the table of contents in section 2 of such Act. 

9 (2) Section 221(a) of the Coast Guard and Mari10 time Transportation Act of 2012 (14 U.S.C. 1133 

11 note). 

12 (3) Section 207(a) of the Coast Guard Authoriza13 tion Act of 2016 (14 U.S.C. 561 note). 

14 (e) INTERNAL REGULATIONS AND POLICY.—Not later 

15 than 180 days after the date of enactment of this Act, the 

16 Secretary of the department in which the Coast Guard is 

17 operating shall establish the internal regulations and poli18 cies necessary to exercise the authorities provided under this 

19 section, including the amendments made in this section. 

20 (f) MULTIYEAR CONTRACTS.—The Secretary of the de21 partment in which the Coast Guard is operating is author22 ized to enter into a multiyear contract for the procurement 

23 of a tenth, eleventh, and twelfth National Security Cutter 

24 and associated government-furnished equipment. 
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1 SEC. 312. OFFICER PROMOTION ZONES. 

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

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

4 SEC. 313. CROSS REFERENCE. 

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

6 amended by inserting ‘‘designated under section 2317’’ after 

7 ‘‘cadet’’. 

8 SEC. 314. COMMISSIONED SERVICE RETIREMENT. 

9 For Coast Guard officers who retire in fiscal year 2018 

10 or 2019, the President may reduce the period of active com11 missioned service required under section 2152 of title 14, 

12 United States Code, to a period of not less than 8 years. 

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

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

15 Code, is amended— 

16 (1) by striking ‘‘Not later than 1 year’’ and in17 serting the following: 

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

19 (b), not later than 1 year’’; and 

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

21 ‘‘(b) LEAVE ASSOCIATED WITH BIRTH OR ADOPTION

22 OF CHILD.—Notwithstanding subsection (a), sections 701 

23 and 704 of title 10, or any other provision of law, all offi24 cers and enlisted members of the Coast Guard shall be au25 thorized leave associated with the birth or adoption of a 

26 child during the 1-year period immediately following such 
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1 birth or adoption and, at the discretion of the Commanding 

2 Officer, such officer or enlisted member shall be permitted— 

3 ‘‘(1) to take such leave in increments; and 

4 ‘‘(2) to use flexible work schedules (pursuant to 

5 a program established by the Secretary in accordance 

6 with chapter 61 of title 5).’’. 

7 (b) FLEXIBLE WORK SCHEDULES.—Not later than 

8 180 days after the date of enactment of this Act, the Sec9 retary of the department in which the Coast Guard is oper10 ating shall ensure that a flexible work schedule program 

11 under chapter 61 of title 5, United States Code, is in place 

12 for officers and enlisted members of the Coast Guard. 

13 SEC. 316. CLOTHING AT TIME OF DISCHARGE. 

14 Section 2705 of title 14, United States Code, and the 

15 item relating to that section in the analysis for chapter 27 

16 of that title, are repealed. 

17 SEC. 317. UNFUNDED PRIORITIES LIST. 

18 (a) IN GENERAL.—Section 5102 of title 14, United 

19 States Code, is amended— 

20 (1) by striking subsection (a) and inserting the 

21 following: 

22 ‘‘(a) IN GENERAL.—Not later than 60 days after the 

23 date on which the President submits to Congress a budget 

24 pursuant to section 1105 of title 31, the Commandant shall 

25 submit to the Committee on Transportation and Infrastruc-
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1 ture of the House of Representatives and the Committee on 

2 Commerce, Science, and Transportation of the Senate a 

3 capital investment plan for the Coast Guard that identifies 

4 for each capital asset for which appropriations are proposed 

5 in that budget— 

6 ‘‘(1) the proposed appropriations included in the 

7 budget; 

8 ‘‘(2) the total estimated cost of completion based 

9 on the proposed appropriations included in the budg10 et; 

11 ‘‘(3) projected funding levels for each fiscal year 

12 for the next 5 fiscal years or until project completion, 

13 whichever is earlier; 

14 ‘‘(4) an estimated completion date based on the 

15 proposed appropriations included in the budget; 

16 ‘‘(5) an acquisition program baseline, as appli17 cable; and 

18 ‘‘(6) projected commissioning and decommis19 sioning dates for each asset.’’; and 

20 (2) by striking subsection (c) and inserting the 

21 following: 

22 ‘‘(c) DEFINITIONS.—In this section, the term ‘new cap23 ital asset’ means— 

24 ‘‘(1) an acquisition program that does not have 

25 an approved acquisition program baseline; or 
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1 ‘‘(2) the acquisition of a capital asset in excess 

2 of the number included in the approved acquisition 

3 program baseline.’’. 

4 (b) UNFUNDED PRIORITIES.—Chapter 51 of title 14, 

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

6 following: 

7 ‘‘§ 5108. Unfunded priorities list 

8 ‘‘(a) IN GENERAL.—Not later than 60 days after the 

9 date on which the President submits to Congress a budget 

10 pursuant to section 1105 of title 31, the Commandant shall 

11 submit to the Committee on Transportation and Infrastruc12 ture of the House of Representatives and the Committee on 

13 Commerce, Science, and Transportation of the Senate a list 

14 of each unfunded priority for the Coast Guard. 

15 ‘‘(b) PRIORITIZATION.—The list required under sub16 section (a) shall present the unfunded priorities in order 

17 from the highest priority to the lowest, as determined by 

18 the Commandant. 

19 ‘‘(c) UNFUNDED PRIORITY DEFINED.—In this section, 

20 the term ‘unfunded priority’ means a program or mission 

21 requirement that— 

22 ‘‘(1) has not been selected for funding in the ap23 plicable proposed budget; 

24 ‘‘(2) is necessary to fulfill a requirement associ25 ated with an operational need; and 
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1 ‘‘(3) the Commandant would have recommended 

2 for inclusion in the applicable proposed budget had 

3 additional resources been available or had the require4 ment emerged before the budget was submitted.’’. 

5 (c) CLERICAL AMENDMENT.—The analysis for chapter 

6 51 of title 14, United States Code, is amended by adding 

7 at the end the following: 

‘‘5108. Unfunded priorities list.’’. 

8 SEC. 318. SAFETY OF VESSELS OF THE ARMED FORCES. 

9 (a) IN GENERAL.—Section 527 of title 14, United 

10 States Code, is amended— 

11 (1) in the heading, by striking ‘‘naval ves12 sels’’ and inserting ‘‘vessels of the Armed 

13 Forces’’; 

14 (2) in subsection (a), by striking ‘‘United States 

15 naval vessel’’ and inserting ‘‘vessel of the Armed 

16 Forces’’; 

17 (3) in subsection (b)— 

18 (A) by striking ‘‘senior naval officer present 

19 in command’’ and inserting ‘‘senior officer 

20 present in command’’; and 

21 (B) by striking ‘‘United States naval vessel’’ 

22 and inserting ‘‘vessel of the Armed Forces’’; and 

23 (4) by adding at the end the following: 

24 ‘‘(e) For purposes of this title, the term ‘vessel of the 

25 Armed Forces’ means— 
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1 ‘‘(1) any vessel owned or operated by the Depart2 ment of Defense or the Coast Guard, other than a 

3 time- or voyage-chartered vessel; and 

4 ‘‘(2) any vessel owned and operated by the De5 partment of Transportation that is designated by the 

6 Secretary of the department in which the Coast 

7 Guard is operating as a vessel equivalent to a vessel 

8 described in paragraph (1).’’. 

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

10 5 of title 14, United States Code, is further amended by 

11 striking the item relating to section 527 and inserting the 

12 following: 

‘‘527. Safety of vessels of the Armed Forces.’’. 

13 (c) CONFORMING AMENDMENTS.—Section 2510(a)(1) 

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

15 (1) by striking ‘‘armed forces’’ and inserting 

16 ‘‘Armed Forces’’; and 

17 (2) by striking ‘‘section 101(a) of title 10’’ and 

18 inserting ‘‘section 527(e)’’. 

19 SEC. 319. AIR FACILITIES. 

20 Section 912 of title 14, United States Code, is amend21 ed— 

22 (1) by striking subsection (a); 

23 (2) by redesignating subsections (b) and (c) as 

24 subsections (a) and (b), respectively; 

25 (3) in subsection (a) as redesignated— 
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1 (A) by amending paragraph (3) to read as 

2 follows: 

3 ‘‘(3) PUBLIC NOTICE AND COMMENT.— 

4 ‘‘(A) IN GENERAL.—Prior to closing an air 

5 facility, the Secretary shall provide opportunities 

6 for public comment, including the convening of 

7 public meetings in communities in the area of 

8 responsibility of the air facility with regard to 

9 the proposed closure or cessation of operations at 

10 the air facility. 

11 ‘‘(B) PUBLIC MEETINGS.—Prior to con12 vening a public meeting under subparagraph 

13 (A), the Secretary shall notify each congressional 

14 office representing any portion of the area of re15 sponsibility of the air station that is the subject 

16 to such public meeting of the schedule and loca17 tion of such public meeting.’’; 

18 (B) in paragraph (4)— 

19 (i) in the matter preceding subpara20 graph (A) by striking ‘‘2015’’ and inserting 

21 ‘‘2017’’; and 

22 (ii) by amending subparagraph (A) to 

23 read as follows: 

24 ‘‘(A) submit to the Congress a proposal for 

25 such closure, cessation, or reduction in oper-
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1 ations along with the budget of the President 

2 submitted to Congress under section 1105(a) of 

3 title 31 that includes— 

4 ‘‘(i) a discussion of the determination 

5 made by the Secretary pursuant to para6 graph (2); and 

7 ‘‘(ii) a report summarizing the public 

8 comments received by the Secretary under 

9 paragraph (3)’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(5) CONGRESSIONAL REVIEW.—The Secretary 

12 may not close, cease operations, or significantly re13 duce personnel and use of a Coast Guard air facility 

14 for which a written notice is provided under para15 graph (4)(A) until a period of 18 months beginning 

16 on the date on which such notice is provided has 

17 elapsed.’’. 

18 TITLE IV—PORTS AND 

19 WATERWAYS SAFETY 

20 SEC. 401. CODIFICATION OF PORTS AND WATERWAYS SAFE21 TY ACT. 

22 (a) CODIFICATION.—Subtitle VII of title 46, United 

23 States Code, is amended by inserting before chapter 701 the 

24 following: 
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1 ‘‘CHAPTER 700—PORTS AND WATERWAYS 

2 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. 

3 ‘‘SUBCHAPTER I—VESSEL OPERATIONS 

4 ‘‘§ 70001. Vessel traffic services 

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

6 Secretary— 

7 ‘‘(1) in any port or place under the jurisdiction 

8 of the United States, in the navigable waters of the 

9 United States, or in any area covered by an inter10 national agreement negotiated pursuant to section 

11 70005, may construct, operate, maintain, improve, or 

12 expand vessel traffic services, that consist of measures 

13 for controlling or supervising vessel traffic or for pro-
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1 tecting navigation and the marine environment and 

2 that may include one or more of reporting and oper3 ating requirements, surveillance and communications 

4 systems, routing systems, and fairways; 

5 ‘‘(2) shall require appropriate vessels that oper6 ate in an area of a vessel traffic service to utilize or 

7 comply with that service; 

8 ‘‘(3)(A) may require vessels to install and use 

9 specified navigation equipment, communications 

10 equipment, electronic relative motion analyzer equip11 ment, or any electronic or other device necessary to 

12 comply with a vessel traffic service or that is nec13 essary in the interests of vessel safety. 

14 ‘‘(B) Notwithstanding subparagraph (A), the 

15 Secretary shall not require fishing vessels under 300 

16 gross tons as measured under section 14502, or an al17 ternate tonnage measured under section 14302 as pre18 scribed by the Secretary under section 14104, or rec19 reational vessels 65 feet or less to possess or use the 

20 equipment or devices required by this subsection solely 

21 under the authority of this chapter; 

22 ‘‘(4) may control vessel traffic in areas subject to 

23 the jurisdiction of the United States that the Sec24 retary determines to be hazardous, or under condi-
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1 tions of reduced visibility, adverse weather, vessel con2 gestion, or other hazardous circumstances, by— 

3 ‘‘(A) specifying times of entry, movement, 

4 or departure; 

5 ‘‘(B) establishing vessel traffic routing 

6 schemes; 

7 ‘‘(C) establishing vessel size, speed, or draft 

8 limitations and vessel operating conditions; and 

9 ‘‘(D) restricting operation, in any haz10 ardous area or under hazardous conditions, to 

11 vessels that have particular operating character12 istics or capabilities that the Secretary considers 

13 necessary for safe operation under the cir14 cumstances; 

15 ‘‘(5) may require the receipt of prearrival mes16 sages from any vessel, destined for a port or place 

17 subject to the jurisdiction of the United States, in suf18 ficient time to permit advance vessel traffic planning 

19 before port entry, which shall include any informa20 tion that is not already a matter of record and that 

21 the Secretary determines necessary for the control of 

22 the vessel and the safety of the port or the marine en23 vironment; and 

24 ‘‘(6) may prohibit the use on vessels of electronic 

25 or other devices that interfere with communication 
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1 and navigation equipment, except that such authority 

2 shall not apply to electronic or other devices certified 

3 to transmit in the maritime services by the Federal 

4 Communications Commission and used within the 

5 frequency bands 157.1875–157.4375 MHz and 

6 161.7875–162.0375 MHz. 

7 ‘‘(b) COOPERATIVE AGREEMENTS.— 

8 ‘‘(1) IN GENERAL.—The Secretary may enter 

9 into cooperative agreements with public or private 

10 agencies, authorities, associations, institutions, cor11 porations, organizations, or other persons to carry out 

12 the functions under subsection (a)(1). 

13 ‘‘(2) LIMITATION.— 

14 ‘‘(A) A nongovernmental entity may not 

15 under this subsection carry out an inherently 

16 governmental function. 

17 ‘‘(B) As used in this paragraph, the term 

18 ‘inherently governmental function’ means any 

19 activity that is so intimately related to the pub20 lic interest as to mandate performance by an of21 ficer or employee of the Federal Government, in22 cluding an activity that requires either the exer23 cise of discretion in applying the authority of the 

24 Government or the use of judgment in making a 

25 decision for the Government. 
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1 ‘‘(c) LIMITATION OF LIABILITY FOR COAST GUARD

2 VESSEL TRAFFIC SERVICE PILOTS AND NON-FEDERAL

3 VESSEL TRAFFIC SERVICE OPERATORS.— 

4 ‘‘(1) COAST GUARD VESSEL TRAFFIC SERVICE PI5 LOTS.—Any pilot, acting in the course and scope of 

6 his or her duties while at a Coast Guard Vessel Traf7 fic Service, who provides information, advice, or com8 munication assistance while under the supervision of 

9 a Coast Guard officer, member, or employee shall not 

10 be liable for damages caused by or related to such as11 sistance unless the acts or omissions of such pilot con12 stitute gross negligence or willful misconduct. 

13 ‘‘(2) NON-FEDERAL VESSEL TRAFFIC SERVICE

14 OPERATORS.—An entity operating a non-Federal ves15 sel traffic information service or advisory service pur16 suant to a duly executed written agreement with the 

17 Coast Guard, and any pilot acting on behalf of such 

18 entity, is not liable for damages caused by or related 

19 to information, advice, or communication assistance 

20 provided by such entity or pilot while so operating or 

21 acting unless the acts or omissions of such entity or 

22 pilot constitute gross negligence or willful misconduct. 

23 ‘‘§ 70002. Special powers 

24 ‘‘The Secretary may order any vessel, in a port or 

25 place subject to the jurisdiction of the United States or in 
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1 the navigable waters of the United States, to operate or an2 chor in a manner the Secretary directs if— 

3 ‘‘(1) the Secretary has reasonable cause to believe 

4 such vessel does not comply with any regulation 

5 issued under section 70034 or any other applicable 

6 law or treaty; 

7 ‘‘(2) the Secretary determines such vessel does 

8 not satisfy the conditions for port entry set forth in 

9 section 70021 of this title; or 

10 ‘‘(3) by reason of weather, visibility, sea condi11 tions, port congestion, other hazardous circumstances, 

12 or the condition of such vessel, the Secretary is satis13 fied such direction is justified in the interest of safety. 

14 ‘‘§ 70003. Port access routes 

15 ‘‘(a) AUTHORITY TO DESIGNATE.—Except as provided 

16 in subsection (b) and subject to the requirements of sub17 section (c), in order to provide safe access routes for the 

18 movement of vessel traffic proceeding to or from ports or 

19 places subject to the jurisdiction of the United States, the 

20 Secretary shall designate necessary fairways and traffic 

21 separation schemes for vessels operating in the territorial 

22 sea of the United States and in high seas approaches, out23 side the territorial sea, to such ports or places. Such a des24 ignation shall recognize, within the designated area, the 

25 paramount right of navigation over all other uses. 
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1 ‘‘(b) LIMITATION.— 

2 ‘‘(1) IN GENERAL.—No designation may be made 

3 by the Secretary under this section if— 

4 ‘‘(A) the Secretary determines such a des5 ignation, as implemented, would deprive any 

6 person of the effective exercise of a right granted 

7 by a lease or permit executed or issued under 

8 other applicable provisions of law; and 

9 ‘‘(B) such right has become vested before the 

10 time of publication of the notice required by 

11 paragraph (1) of subsection (c). 

12 ‘‘(2) CONSULTATION REQUIRED.—The Secretary 

13 shall make the determination under paragraph (1)(A) 

14 after consultation with the head of the agency respon15 sible for executing the lease or issuing the permit. 

16 ‘‘(c) CONSIDERATION OF OTHER USES.—Before mak17 ing a designation under subsection (a), and in accordance 

18 with the requirements of section 70004, the Secretary 

19 shall— 

20 ‘‘(1) undertake a study of the potential traffic 

21 density and the need for safe access routes for vessels 

22 in any area for which fairways or traffic separation 

23 schemes are proposed or that may otherwise be consid24 ered and publish notice of such undertaking in the 

25 Federal Register; 
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1 ‘‘(2) in consultation with the Secretary of State, 

2 the Secretary of the Interior, the Secretary of Com3 merce, the Secretary of the Army, and the Governors 

4 of affected States, as their responsibilities may re5 quire, take into account all other uses of the area 

6 under consideration, including, as appropriate, the 

7 exploration for, or exploitation of, oil, gas, or other 

8 mineral resources, the construction or operation of 

9 deepwater ports or other structures on or above the 

10 seabed or subsoil of the submerged lands or the Outer 

11 Continental Shelf of the United States, the establish12 ment or operation of marine or estuarine sanctuaries, 

13 and activities involving recreational or commercial 

14 fishing; and 

15 ‘‘(3) to the extent practicable, reconcile the need 

16 for safe access routes with the needs of all other rea17 sonable uses of the area involved. 

18 ‘‘(d) STUDY.—In carrying out the Secretary’s respon19 sibilities under subsection (c), the Secretary shall— 

20 ‘‘(1) proceed expeditiously to complete any study 

21 undertaken; and 

22 ‘‘(2) after completion of such a study, prompt23 ly— 

24 ‘‘(A) issue a notice of proposed rulemaking 

25 for the designation contemplated; or 
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1 ‘‘(B) publish in the Federal Register a no2 tice that no designation is contemplated as a re3 sult of the study and the reason for such deter4 mination. 

5 ‘‘(e) IMPLEMENTATION OF DESIGNATION.—In connec6 tion with a designation made under this section, the Sec7 retary— 

8 ‘‘(1) shall issue reasonable rules and regulations 

9 governing the use of such designated areas, including 

10 rules and regulations regarding the applicability of 

11 rules 9 and 10 of the International Regulations for 

12 Preventing Collisions at Sea, 1972, relating to nar13 row channels and traffic separation schemes, respec14 tively, in waters where such regulations apply; 

15 ‘‘(2) to the extent that the Secretary finds rea16 sonable and necessary to effectuate the purposes of the 

17 designation, make the use of designated fairways and 

18 traffic separation schemes mandatory for specific 

19 types and sizes of vessels, foreign and domestic, oper20 ating in the territorial sea of the United States and 

21 for specific types and sizes of vessels of the United 

22 States operating on the high seas beyond the terri23 torial sea of the United States; 

24 ‘‘(3) may, from time to time, as necessary, adjust 

25 the location or limits of designated fairways or traffic 
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1 separation schemes in order to accommodate the needs 

2 of other uses that cannot be reasonably accommodated 

3 otherwise, except that such an adjustment may not, in 

4 the judgment of the Secretary, unacceptably adversely 

5 affect the purpose for which the existing designation 

6 was made and the need for which continues; and 

7 ‘‘(4) shall, through appropriate channels— 

8 ‘‘(A) notify cognizant international organi9 zations of any designation, or adjustment there10 of; and 

11 ‘‘(B) take action to seek the cooperation of 

12 foreign States in making it mandatory for ves13 sels under their control to use, to the same extent 

14 as required by the Secretary for vessels of the 

15 United States, any fairway or traffic separation 

16 scheme designated under this section in any area 

17 of the high seas. 

18 ‘‘§ 70004. Considerations by Secretary 

19 ‘‘In carrying out the duties of the Secretary under sec20 tions 70001, 70002, and 70003, the Secretary shall— 

21 ‘‘(1) take into account all relevant factors con22 cerning navigation and vessel safety, protection of the 

23 marine environment, and the safety and security of 

24 United States ports and waterways, including— 
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1 ‘‘(A) the scope and degree of the risk or haz2 ard involved; 

3 ‘‘(B) vessel traffic characteristics and 

4 trends, including traffic volume, the sizes and 

5 types of vessels involved, potential interference 

6 with the flow of commercial traffic, the presence 

7 of any unusual cargoes, and other similar fac8 tors; 

9 ‘‘(C) port and waterway configurations and 

10 variations in local conditions of geography, cli11 mate, and other similar factors; 

12 ‘‘(D) the need for granting exemptions for 

13 the installation and use of equipment or devices 

14 for use with vessel traffic services for certain 

15 classes of small vessels, such as self-propelled 

16 fishing vessels and recreational vessels; 

17 ‘‘(E) the proximity of fishing grounds, oil 

18 and gas drilling and production operations, or 

19 any other potential or actual conflicting activity; 

20 ‘‘(F) environmental factors; 

21 ‘‘(G) economic impact and effects; 

22 ‘‘(H) existing vessel traffic services; and 

23 ‘‘(I) local practices and customs, including 

24 voluntary arrangements and agreements within 

25 the maritime community; and 
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1 ‘‘(2) at the earliest possible time, consult with 

2 and receive and consider the views of representatives 

3 of the maritime community, ports and harbor au4 thorities or associations, environmental groups, and 

5 other persons who may be affected by the proposed ac6 tions. 

7 ‘‘§ 70005. International agreements 

8 ‘‘(a) TRANSMITTAL OF REGULATIONS.—The Secretary 

9 shall transmit, via the Secretary of State, to appropriate 

10 international bodies or forums, any regulations issued 

11 under this subchapter, for consideration as international 

12 standards. 

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

14 encouraged to— 

15 ‘‘(1) enter into negotiations and conclude and 

16 execute agreements with neighboring nations, to estab17 lish compatible vessel standards and vessel traffic 

18 services, and to establish, operate, and maintain 

19 international vessel traffic services, in areas and 

20 under circumstances of mutual concern; and 

21 ‘‘(2) enter into negotiations, through appropriate 

22 international bodies, and conclude and execute agree23 ments to establish vessel traffic services in appro24 priate areas of the high seas. 
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1 ‘‘(c) OPERATIONS.—The Secretary, pursuant to any 

2 agreement negotiated under subsection (b) that is binding 

3 upon the United States in accordance with constitutional 

4 requirements, may— 

5 ‘‘(1) require vessels operating in an area of a 

6 vessel traffic service to utilize or to comply with the 

7 vessel traffic service, including the carrying or instal8 lation of equipment and devices as necessary for the 

9 use of the service; and 

10 ‘‘(2) waive, by order or regulation, the applica11 tion of any United States law or regulation con12 cerning the design, construction, operation, equip13 ment, personnel qualifications, and manning stand14 ards for vessels operating in waters over which the 

15 United States exercises jurisdiction if such vessel is 

16 not en route to or from a United States port or place, 

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

18 or place are accorded equivalent waivers of laws and 

19 regulations of the neighboring nation, when operating 

20 in waters over which that nation exercises jurisdic21 tion. 

22 ‘‘(d) SHIP REPORTING SYSTEMS.—The Secretary, in 

23 cooperation with the International Maritime Organization, 

24 may implement and enforce two mandatory ship reporting 

25 systems, consistent with international law, with respect to 
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1 vessels subject to such reporting systems entering the fol2 lowing areas of the Atlantic Ocean: 

3 ‘‘(1) Cape Cod Bay, Massachusetts Bay, and 

4 Great South Channel (in the area generally bounded 

5 by a line starting from a point on Cape Ann, Massa6 chusetts at 42 deg. 39′ N., 70 deg. 37′ W; then north7 east to 42 deg. 45′ N., 70 deg. 13′ W; then southeast 

8 to 42 deg. 10′ N., 68 deg. 31′ W, then south to 41 deg. 

9 00′ N., 68 deg. 31′ W; then west to 41 deg. 00′ N., 

10 69 deg. 17′ W; then northeast to 42 deg. 05′ N., 70 

11 deg. 02′ W, then west to 42 deg. 04′ N., 70 deg. 10′ 

12 W; and then along the Massachusetts shoreline of 

13 Cape Cod Bay and Massachusetts Bay back to the 

14 point on Cape Ann at 42 deg. 39′ N., 70 deg. 37′ W). 

15 ‘‘(2) In the coastal waters of the Southeastern 

16 United States within about 25 nm along a 90 nm 

17 stretch of the Atlantic seaboard (in an area generally 

18 extending from the shoreline east to longitude 80 deg. 

19 51.6′ W with the southern and northern boundary at 

20 latitudes 30 deg. 00′ N., 31 deg. 27′ N., respectively). 

21 ‘‘SUBCHAPTER II—PORTS AND WATERWAYS 

22 SAFETY 

23 ‘‘§ 70011. Waterfront safety 

24 ‘‘(a) IN GENERAL.—The Secretary may take such ac25 tion as is necessary to— 
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1 ‘‘(1) prevent damage to, or the destruction of, 

2 any bridge or other structure on or in the navigable 

3 waters of the United States, or any land structure or 

4 shore area immediately adjacent to such waters; and 

5 ‘‘(2) protect the navigable waters and the re6 sources therein from harm resulting from vessel or 

7 structure damage, destruction, or loss. 

8 ‘‘(b) ACTIONS AUTHORIZED.—Actions authorized by 

9 subsection (a) include— 

10 ‘‘(1) establishing procedures, measures, and 

11 standards for the handling, loading, unloading, stor12 age, stowage, and movement on a structure (including 

13 the emergency removal, control, and disposition) of 

14 explosives or other dangerous articles and substances, 

15 including oil or hazardous material as those terms 

16 are defined in section 2101; 

17 ‘‘(2) prescribing minimum safety equipment re18 quirements for a structure to assure adequate protec19 tion from fire, explosion, natural disaster, and other 

20 serious accidents or casualties; 

21 ‘‘(3) establishing water or waterfront safety 

22 zones, or other measures, for limited, controlled, or 

23 conditional access and activity when necessary for the 

24 protection of any vessel, structure, waters, or shore 

25 area; and 
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1 ‘‘(4) establishing procedures for examination to 

2 assure compliance with the requirements prescribed 

3 under this section. 

4 ‘‘(c) STATE LAW.—Nothing in this section, with re5 spect to structures, prohibits a State or political subdivision 

6 thereof from prescribing higher safety equipment require7 ments or safety standards than those that may be prescribed 

8 by regulations under this section. 

9 ‘‘§ 70012. Navigational hazards 

10 ‘‘(a) REPORTING PROCEDURE.—The Secretary shall 

11 establish a program to encourage fishermen and other vessel 

12 operators to report potential or existing navigational haz13 ards involving pipelines to the Secretary through Coast 

14 Guard field offices. 

15 ‘‘(b) SECRETARY’S RESPONSE.— 

16 ‘‘(1) NOTIFICATION BY THE OPERATOR OF A

17 PIPELINE.—Upon notification by the operator of a 

18 pipeline of a hazard to navigation with respect to 

19 that pipeline, the Secretary shall immediately notify 

20 Coast Guard headquarters, the Pipeline and Haz21 ardous Materials Safety Administration, other af22 fected Federal and State agencies, and vessel owners 

23 and operators in the pipeline’s vicinity. 

24 ‘‘(2) NOTIFICATION BY OTHER PERSONS.—Upon 

25 notification by any other person of a hazard or poten-
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1 tial hazard to navigation with respect to a pipeline, 

2 the Secretary shall promptly determine whether a 

3 hazard exists, and if so shall immediately notify 

4 Coast Guard headquarters, the Pipeline and Haz5 ardous Materials Safety Administration, other af6 fected Federal and State agencies, vessel owners and 

7 operators in the pipeline’s vicinity, and the owner 

8 and operator of the pipeline. 

9 ‘‘(c) PIPELINE DEFINED.—For purposes of this sec10 tion, the term ‘pipeline’ has the meaning given the term 

11 ‘pipeline facility’ in section 60101(a)(18) of title 49. 

12 ‘‘§ 70013. Requirement to notify Coast Guard of re13 lease of objects into the navigable waters 

14 of the United States 

15 ‘‘(a) REQUIREMENT.—As soon as a person has knowl16 edge of any release from a vessel or facility into the navi17 gable waters of the United States of any object that creates 

18 an obstruction prohibited under section 10 of the Act of 

19 March 3, 1899, popularly known as the Rivers and Harbors 

20 Appropriations Act of 1899 (33 U.S.C. 403), such person 

21 shall notify the Secretary and the Secretary of the Army 

22 of such release. 

23 ‘‘(b) RESTRICTION ON USE OF NOTIFICATION.—Any 

24 notification provided by an individual in accordance with 

25 subsection (a) may not be used against such individual in 
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1 any criminal case, except a prosecution for perjury or for 

2 giving a false statement. 

3 ‘‘SUBCHAPTER III—CONDITION FOR ENTRY INTO 

4 PORTS IN THE UNITED STATES 

5 ‘‘§ 70021. Conditions for entry to ports in the United 

6 States 

7 ‘‘(a) IN GENERAL.—No vessel that is subject to chapter 

8 37 shall operate in the navigable waters of the United States 

9 or transfer cargo or residue in any port or place under the 

10 jurisdiction of the United States, if such vessel— 

11 ‘‘(1) has a history of accidents, pollution inci12 dents, or serious repair problems that, as determined 

13 by the Secretary, creates reason to believe that such 

14 vessel may be unsafe or may create a threat to the 

15 marine environment; 

16 ‘‘(2) fails to comply with any applicable regula17 tion issued under section 70034, chapter 37, or any 

18 other applicable law or treaty; 

19 ‘‘(3) discharges oil or hazardous material in vio20 lation of any law of the United States or in a man21 ner or quantities inconsistent with any treaty to 

22 which the United States is a party; 

23 ‘‘(4) does not comply with any applicable vessel 

24 traffic service requirements; 
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1 ‘‘(5) is manned by one or more officers who are 

2 licensed by a certificating State that the Secretary 

3 has determined, pursuant to section 9101 of title 46, 

4 does not have standards for licensing and certification 

5 of seafarers that are comparable to or more stringent 

6 than United States standards or international stand7 ards that are accepted by the United States; 

8 ‘‘(6) is not manned in compliance with manning 

9 levels as determined by the Secretary to be necessary 

10 to insure the safe navigation of the vessel; or 

11 ‘‘(7) while underway, does not have at least one 

12 licensed deck officer on the navigation bridge who is 

13 capable of clearly understanding English. 

14 ‘‘(b) EXCEPTIONS.— 

15 ‘‘(1) IN GENERAL.—The Secretary may allow 

16 provisional entry of a vessel that is not in compliance 

17 with subsection (a), if the owner or operator of such 

18 vessel proves, to the satisfaction of the Secretary, that 

19 such vessel is not unsafe or a threat to the marine en20 vironment, and if such entry is necessary for the safe21 ty of the vessel or persons aboard. 

22 ‘‘(2) PROVISIONS NOT APPLICABLE.—Paragraphs 

23 (1), (2), (3), and (4) of subsection (a) of this section 

24 shall not apply to a vessel allowed provisional entry 

25 under paragraph (1) if the owner or operator of such 
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1 vessel proves, to the satisfaction of the Secretary, that 

2 such vessel is no longer unsafe or a threat to the ma3 rine environment, and is no longer in violation of 

4 any applicable law, treaty, regulation, or condition, 

5 as appropriate. 

6 ‘‘SUBCHAPTER IV—DEFINITIONS, REGULATIONS, 

7 ENFORCEMENT, INVESTIGATORY POWERS, 

8 APPLICABILITY 

9 ‘‘§ 70031. Definitions 

10 ‘‘As used in subchapters A through C and this sub11 chapter, unless the context otherwise requires: 

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

13 ‘‘(A) the navigable waters of the United 

14 States and the land and resources therein and 

15 thereunder; 

16 ‘‘(B) the waters and fishery resources of any 

17 area over which the United States asserts exclu18 sive fishery management authority; 

19 ‘‘(C) the seabed and subsoil of the Outer 

20 Continental Shelf of the United States, the re21 sources thereof, and the waters superjacent there22 to; and 

23 ‘‘(D) the recreational, economic, and scenic 

24 values of such waters and resources. 
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1 ‘‘(2) The term ‘Secretary’ means the Secretary of 

2 the department in which the Coast Guard is oper3 ating, except that such term means the Secretary of 

4 Transportation with respect to the application of this 

5 chapter to the Saint Lawrence Seaway. 

6 ‘‘(3) The term ‘navigable waters of the United 

7 States’ includes all waters of the territorial sea of the 

8 United States as described in Presidential Proclama9 tion No. 5928 of December 27, 1988. 

10 ‘‘§ 70032. Saint Lawrence Seaway 

11 ‘‘The authority granted to the Secretary under sections 

12 70001, 70002, 70003, 70004, and 70011 may not be dele13 gated with respect to the Saint Lawrence Seaway to any 

14 agency other than the Saint Lawrence Seaway Development 

15 Corporation. Any other authority granted the Secretary 

16 under subchapters A through C and this subchapter shall 

17 be delegated by the Secretary to the Saint Lawrence Seaway 

18 Development Corporation to the extent the Secretary deter19 mines such delegation is necessary for the proper operation 

20 of the Saint Lawrence Seaway. 

21 ‘‘§ 70033. Limitation on application to foreign vessels 

22 ‘‘Except pursuant to international treaty, convention, 

23 or agreement, to which the United States is a party, sub24 chapters A through C and this subchapter shall not apply 

25 to any foreign vessel that is not destined for, or departing 
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1 from, a port or place subject to the jurisdiction of the United 

2 States and that is in— 

3 ‘‘(1) innocent passage through the territorial sea 

4 of the United States; or 

5 ‘‘(2) transit through the navigable waters of the 

6 United States that form a part of an international 

7 strait. 

8 ‘‘§ 70034. Regulations 

9 ‘‘(a) IN GENERAL.—In accordance with section 553 of 

10 title 5, the Secretary shall issue, and may from time to time 

11 amend or repeal, regulations necessary to implement sub12 chapters A through C and this subchapter. 

13 ‘‘(b) CONSULTATION.—In the exercise of the regulatory 

14 authority under subchapters A through C and this sub15 chapter, the Secretary shall consult with, and receive and 

16 consider the views of all interested persons, including— 

17 ‘‘(1) interested Federal departments and agen18 cies; 

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

20 ‘‘(3) representatives of the maritime community; 

21 ‘‘(4) representatives of port and harbor authori22 ties or associations; 

23 ‘‘(5) representatives of environmental groups; 

24 ‘‘(6) any other interested persons who are knowl25 edgeable or experienced in dealing with problems in-
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1 volving vessel safety, port and waterways safety, and 

2 protection of the marine environment; and 

3 ‘‘(7) advisory committees consisting of all inter4 ested segments of the public when the establishment of 

5 such committees is considered necessary because the 

6 issues involved are highly complex or controversial. 

7 ‘‘§ 70035. Investigatory powers 

8 ‘‘(a) SECRETARY.—The Secretary may investigate any 

9 incident, accident, or act involving the loss or destruction 

10 of, or damage to, any structure subject to subchapters A 

11 through C and this subchapter, or that affects or may affect 

12 the safety or environmental quality of the ports, harbors, 

13 or navigable waters of the United States. 

14 ‘‘(b) POWERS.—In an investigation under this section, 

15 the Secretary may issue subpoenas to require the attendance 

16 of witnesses and the production of documents or other evi17 dence relating to such incident, accident, or act. If any per18 son refuses to obey a subpoena, the Secretary may request 

19 the Attorney General to invoke the aid of the appropriate 

20 district court of the United States to compel compliance 

21 with the subpoena. Any district court of the United States 

22 may, in the case of refusal to obey a subpoena, issue an 

23 order requiring compliance with the subpoena, and failure 

24 to obey the order may be punished by the court as contempt. 

25 Witnesses may be paid fees for travel and attendance at 
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1 rates not exceeding those allowed in a district court of the 

2 United States. 

3 ‘‘§ 70036. Enforcement 

4 ‘‘(a) CIVIL PENALTY.— 

5 ‘‘(1) IN GENERAL.—Any person who is found by 

6 the Secretary, after notice and an opportunity for a 

7 hearing, to have violated subchapters A through C or 

8 this subchapter or a regulation issued under sub9 chapters A through C or this subchapter shall be lia10 ble to the United States for a civil penalty, not to ex11 ceed $25,000 for each violation. Each day of a con12 tinuing violation shall constitute a separate violation. 

13 The amount of such civil penalty shall be assessed by 

14 the Secretary, or the Secretary’s designee, by written 

15 notice. In determining the amount of such penalty, 

16 the Secretary shall take into account the nature, cir17 cumstances, extent, and gravity of the prohibited acts 

18 committed and, with respect to the violator, the degree 

19 of culpability, any history of prior offenses, ability to 

20 pay, and such other matters as justice may require. 

21 ‘‘(2) COMPROMISE, MODIFICATION, OR REMIS22 SION.—The Secretary may compromise, modify, or 

23 remit, with or without conditions, any civil penalty 

24 that is subject to imposition or that has been imposed 

25 under this section. 
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1 ‘‘(3) FAILURE TO PAY PENALTY.—If any person 

2 fails to pay an assessment of a civil penalty after it 

3 has become final, the Secretary may refer the matter 

4 to the Attorney General of the United States, for col5 lection in any appropriate district court of the 

6 United States. 

7 ‘‘(b) CRIMINAL PENALTY.— 

8 ‘‘(1) CLASS D FELONY.—Any person who will9 fully and knowingly violates subchapters A through C 

10 or this subchapter or any regulation issued thereunder 

11 commits a class D felony. 

12 ‘‘(2) CLASS C FELONY.—Any person who, in the 

13 willful and knowing violation of subchapters A 

14 through C or this subchapter or of any regulation 

15 issued thereunder, uses a dangerous weapon, or en16 gages in conduct that causes bodily injury or fear of 

17 imminent bodily injury to any officer authorized to 

18 enforce the provisions of such a subchapter or the reg19 ulations issued under such subchapter, commits a 

20 class C felony. 

21 ‘‘(c) IN REM LIABILITY.—Any vessel that is used in 

22 violation of subchapters A, B, or C or this subchapter, or 

23 any regulations issued under such subchapter, shall be lia24 ble in rem for any civil penalty assessed pursuant to sub25 section (a) and may be proceeded against in the United 
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1 States district court for any district in which such vessel 

2 may be found. 

3 ‘‘(d) INJUNCTION.—The United States district courts 

4 shall have jurisdiction to restrain violations of subchapter 

5 A, B, or C or this subchapter or of regulations issued under 

6 such subchapter, for cause shown. 

7 ‘‘(e) DENIAL OF ENTRY.—Except as provided in sec8 tion 70021, the Secretary may, subject to recognized prin9 ciples of international law, deny entry by any vessel that 

10 is not in compliance with subchapter A, B, or C or this 

11 subchapter or the regulations issued under such sub12 chapter— 

13 ‘‘(1) into the navigable waters of the United 

14 States; or 

15 ‘‘(2) to any port or place under the jurisdiction 

16 of the United States. 

17 ‘‘(f) WITHHOLDING OF CLEARANCE.— 

18 ‘‘(1) IN GENERAL.—If any owner, operator, or 

19 individual in charge of a vessel is liable for a penalty 

20 or fine under this section, or if reasonable cause exists 

21 to believe that the owner, operator, or individual in 

22 charge may be subject to a penalty or fine under this 

23 section, the Secretary of the Treasury, upon the re24 quest of the Secretary, shall with respect to such vessel 
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1 refuse or revoke any clearance required by section 

2 60105 of title 46. 

3 ‘‘(2) GRANTING CLEARANCE REFUSED OR RE4 VOKED.—Clearance refused or revoked under this sub5 section may be granted upon filing of a bond or other 

6 surety satisfactory to the Secretary.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis at the be8 ginning of such subtitle is amended by inserting before the 

9 item relating to chapter 701 the following: 

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

10 SEC. 402. CONFORMING AMENDMENTS. 

11 (a) ELECTRONIC CHARTS.— 

12 (1) TRANSFER OF PROVISION.—Section 4A of the 

13 Ports and Waterways Safety Act (33 U.S.C. 1223a)— 

14 (A) is redesignated as section 3105 of title 

15 46, United States Code, and transferred to ap16 pear after section 3104 of that title; and 

17 (B) is amended by striking subsection (b) 

18 and inserting the following: 

19 ‘‘(b) LIMITATION ON APPLICATION.—Except pursuant 

20 to an international treaty, convention, or agreement, to 

21 which the United States is a party, this section shall not 

22 apply to any foreign vessel that is not destined for, or de23 parting from, a port or place subject to the jurisdiction of 

24 the United States and that is in— 
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1 ‘‘(1) innocent passage through the territorial sea 

2 of the United States; or 

3 ‘‘(2) transit through the navigable waters of the 

4 United States that form a part of an international 

5 strait.’’. 

6 (2) CLERICAL AMENDMENT.—The analysis at the 

7 beginning of chapter 31 of such title is amended by 

8 adding at the end the following: 

‘‘3105. Electronic charts.’’. 

9 (b) PORT, HARBOR, AND COASTAL FACILITY SECU10 RITY.— 

11 (1) TRANSFER OF PROVISIONS.—So much of sec12 tion 7 of the Ports and Waterways Safety Act (33 

13 U.S.C. 1226) as precedes subsection (c) of that section 

14 is redesignated as section 70116 of title 46, United 

15 States Code, and transferred to section 70116 of that 

16 title. 

17 (2) DEFINITIONS, ADMINISTRATION, AND EN18 FORCEMENT.—Section 70116 of title 46, United 

19 States Code, as amended by paragraph (1) of this 

20 subsection, is amended by adding at the end the fol21 lowing: 

22 ‘‘(c) DEFINITIONS, ADMINISTRATION, AND ENFORCE23 MENT.—This section shall be treated as part of chapter 700 

24 for purposes of sections 70031, 70032, 70034, 70035, and 

25 70036.’’. 
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1 (3) CLERICAL AMENDMENT.—The analysis at the 

2 beginning of chapter 701 of such title is amended by 

3 striking the item relating to section 70116 and insert4 ing the following: 

‘‘70116. Port, harbor, and coastal facility security.’’. 

5 (c) NONDISCLOSURE OF PORT SECURITY PLANS.— 

6 Subsection (c) of section 7 of the Ports and Waterways Safe7 ty Act (33 U.S.C. 1226), as so designated before the applica8 tion of subsection (b)(1) of this section— 

9 (1) is redesignated as subsection (f) of section 

10 70103 of title 46, United States Code, and transferred 

11 so as to appear after subsection (e) of such section; 

12 and 

13 (2) is amended by striking ‘‘this Act’’ and insert14 ing ‘‘this chapter’’. 

15 (d) REPEAL.—Section 2307 of title 46, United States 

16 Code, and the item relating to that section in the analysis 

17 at the beginning of chapter 23 of that title, are repealed. 

18 (e) REPEAL.—The Ports and Waterways Safety Act 

19 (33 U.S.C. 1221–1231, 1232–1232b), as amended by this 

20 Act, is repealed. 

21 SEC. 403. TRANSITIONAL AND SAVINGS PROVISIONS. 

22 (a) DEFINITIONS.—In this section: 

23 (1) SOURCE PROVISION.—The term ‘‘source pro24 vision’’ means a provision of law that is replaced by 

25 a title 46 provision under this title. 
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1 (2) TITLE 46 PROVISION.—The term ‘‘title 46 

2 provision’’ means a provision of title 46, United 

3 States Code, that is enacted by section 402. 

4 (b) CUTOFF DATE.—The title 46 provisions replace 

5 certain provisions of law enacted before the date of the en6 actment of this Act. If a law enacted after that date amends 

7 or repeals a source provision, that law is deemed to amend 

8 or repeal, as the case may be, the corresponding title 46 

9 provision. If a law enacted after that date is otherwise in10 consistent with a title 46 provision or a provision of this 

11 title, that law supersedes the title 46 provision or provision 

12 of this title to the extent of the inconsistency. 

13 (c) ORIGINAL DATE OF ENACTMENT UNCHANGED.— 

14 For purposes of determining whether one provision of law 

15 supersedes another based on enactment later in time, a title 

16 46 provision is deemed to have been enacted on the date 

17 of enactment of the source provision that the title 46 provi18 sion replaces. 

19 (d) REFERENCES TO TITLE 46 PROVISIONS.—A ref20 erence to a title 46 provision, including a reference in a 

21 regulation, order, or other law, is deemed to refer to the 

22 corresponding source provision. 

23 (e) REFERENCES TO SOURCE PROVISIONS.—A ref24 erence to a source provision, including a reference in a reg-
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1 ulation, order, or other law, is deemed to refer to the cor2 responding title 46 provision. 

3 (f) REGULATIONS, ORDERS, AND OTHER ADMINISTRA4 TIVE ACTIONS.—A regulation, order, or other administra5 tive action in effect under a source provision continues in 

6 effect under the corresponding title 46 provision. 

7 (g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An 

8 action taken or an offense committed under a source provi9 sion is deemed to have been taken or committed under the 

10 corresponding title 46 provision. 

11 SEC. 404. RULE OF CONSTRUCTION. 

12 This title, including the amendments made by this 

13 title, is intended only to transfer provisions of the Ports 

14 and Waterways Safety Act to title 46, United States Code, 

15 and may not be construed to alter— 

16 (1) the effect of a provision of the Ports and Wa17 terways Safety Act, including any authority or re18 quirement therein; 

19 (2) a department or agency interpretation with 

20 respect to the Ports and Waterways Safety Act; or 

21 (3) a judicial interpretation with respect to the 

22 Ports and Waterways Safety Act. 

23 SEC. 405. ADVISORY COMMITTEE: REPEAL. 

24 Section 18 of the Coast Guard Authorization Act of 

25 1991 (Public Law 102–241; 105 Stat. 2213) is repealed. 
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1 SEC. 406. REGATTAS AND MARINE PARADES. 

2 (a) IN GENERAL.—Chapter 700 of title 46, United 

3 States Code, as established by section 401 of this Act, is 

4 amended by adding at the end the following: 

5 ‘‘SUBCHAPTER V—REGATTAS AND MARINE 

6 PARADES 

7 ‘‘§ 70041. Regattas and marine parades 

8 ‘‘(a) IN GENERAL.—The Commandant of the Coast 

9 Guard may issue regulations to promote the safety of life 

10 on navigable waters during regattas or marine parades. 

11 ‘‘(b) DETAIL AND USE OF VESSELS.—To enforce regu12 lations issued under this section— 

13 ‘‘(1) the Commandant may detail any public 

14 vessel in the service of the Coast Guard and make use 

15 of any private vessel tendered gratuitously for that 

16 purpose; and 

17 ‘‘(2) upon the request of the Commandant, the 

18 head of any other Federal department or agency may 

19 enforce the regulations by means of any public vessel 

20 of such department and any private vessel tendered 

21 gratuitously for that purpose. 

22 ‘‘(c) TRANSFER OF AUTHORITY.—The authority of the 

23 Commandant under this section may be transferred by the 

24 President for any special occasion to the head of another 

25 Federal department or agency whenever in the President’s 

26 judgment such transfer is desirable. 
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1 ‘‘(d) PENALTIES.— 

2 ‘‘(1) IN GENERAL.—For any violation of regula3 tions issued pursuant to this section the following 

4 penalties shall be incurred: 

5 ‘‘(A) A licensed officer shall be liable to sus6 pension or revocation of license in the manner 

7 prescribed by law for incompetency or mis8 conduct. 

9 ‘‘(B) Any person in charge of the naviga10 tion of a vessel other than a licensed officer shall 

11 be liable to a penalty of $5,000. 

12 ‘‘(C) The owner of a vessel (including any 

13 corporate officer of a corporation owning the ves14 sel) actually on board shall be liable to a penalty 

15 of $5,000, unless the violation of regulations oc16 curred without the owner’s knowledge. 

17 ‘‘(D) Any other person shall be liable to a 

18 penalty of $2,500. 

19 ‘‘(2) MITIGATION OR REMISSION.—The Com20 mandant may mitigate or remit any penalty pro21 vided for in this subsection in the manner prescribed 

22 by law for the mitigation or remission of penalties for 

23 violation of the navigation laws.’’. 

24 (b) CLERICAL AMENDMENT.—The analysis for chapter 

25 700 of title 46, United States Code, as established by section 
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1 401 of this Act, is amended by adding at the end the fol2 lowing: 

‘‘SUBCHAPTER E—REGATTAS AND MARINE PARADES

‘‘70041. Regattas and marine parades.’’. 

3 (c) REPEAL.—The Act of April 28, 1908 (35 Stat. 69, 

4 chapter 151; 33 U.S.C. 1233 et seq.), is repealed. 

5 SEC. 407. REGULATION OF VESSELS IN TERRITORIAL 

6 WATERS OF UNITED STATES. 

7 (a) ESTABLISHMENT OF SUBCHAPTER F.—Chapter 

8 700 of title 46, United States Code, as established by section 

9 401 of this Act, is amended by adding at the end the fol10 lowing: 

11 ‘‘SUBCHAPTER VI—REGULATION OF VESSELS IN 

12 TERRITORIAL WATERS OF UNITED STATES 

13 ‘‘§ 70054. Definitions 

14 ‘‘In this subchapter: 

15 ‘‘(1) UNITED STATES.—The term ‘United States’ 

16 includes all territory and waters, continental or insu17 lar, subject to the jurisdiction of the United States. 

18 ‘‘(2) TERRITORIAL WATERS.—The term ‘terri19 torial waters of the United States’ includes all waters 

20 of the territorial sea of the United States as described 

21 in Presidential Proclamation 5928 of December 27, 

22 1988.’’. 

23 (b) REGULATION OF ANCHORAGE AND MOVEMENT OF

24 VESSELS DURING NATIONAL EMERGENCY.—Section 1 of 
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1 title II of the Act of June 15, 1917 (40 Stat. 220, chapter 

2 30; 50 U.S.C. 191), is amended— 

3 (1) by striking the section designation and all 

4 that follows before ‘‘by proclamation’’ and inserting 

5 the following: 

6 ‘‘§ 70051. Regulation of anchorage and movement of 

7 vessels during national emergency 

8 ‘‘Whenever the President’’; 

9 (2) by striking ‘‘of the Treasury’’; 

10 (3) by striking ‘‘of the department in which the 

11 Coast Guard is operating’’; 

12 (4) by striking ‘‘this title’’ and inserting ‘‘this 

13 subchapter’’; and 

14 (5) by transferring the section so that the section 

15 appears before section 70054 of title 46, United States 

16 Code (as added by subsection (a) of this section). 

17 (c) SEIZURE AND FORFEITURE OF VESSEL; FINE AND

18 IMPRISONMENT.—Section 2 of title II of the Act of June 

19 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 192), is 

20 amended— 

21 (1) by striking the section designation and all 

22 that follows before ‘‘agent,’’ and inserting the fol23 lowing: 
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1 ‘‘§ 70052. Seizure and forfeiture of vessel; fine and im2 prisonment 

3 ‘‘(a) IN GENERAL.—If any owner,’’; 

4 (2) by striking ‘‘this title’’ each place it appears 

5 and inserting ‘‘this subchapter’’; and 

6 (3) by transferring the section so that the section 

7 appears after section 70051 of title 46, United States 

8 Code (as transferred by subsection (b) of this section). 

9 (d) ENFORCEMENT PROVISIONS.—Section 4 of title II 

10 of the Act of June 15, 1917 (40 Stat. 220, chapter 30; 50 

11 U.S.C. 194), is amended— 

12 (1) by striking all before ‘‘may employ’’ and in13 serting the following: 

14 ‘‘§ 70053. Enforcement provisions 

15 ‘‘The President’’; 

16 (2) by striking ‘‘the purpose of this title’’ and in17 serting ‘‘this subchapter’’; and 

18 (3) by transferring the section so that the section 

19 appears after section 70052 of title 46, United States 

20 Code (as transferred by subsection (c) of this section). 

21 (e) CLERICAL AMENDMENT.—The analysis for chapter 

22 700 of title 46, United States Code, as established by section 

23 401 of this Act, is amended by adding at the end the fol24 lowing: 
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‘‘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.’’. 

1 SEC. 408. PORT, HARBOR, AND COASTAL FACILITY SECU2 RITY. 

3 (a) TRANSFER OF PROVISIONS.—So much of section 

4 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226) 

5 as precedes subsection (c) of that section is redesignated as 

6 section 70102a of title 46, United States Code, and trans7 ferred so as to appear after section 70102 of that title. 

8 (b) DEFINITIONS, ADMINISTRATION, AND ENFORCE9 MENT.—Section 70102a of title 46, United States Code, as 

10 amended by paragraph (1) of this subsection, is amended 

11 by adding at the end the following: 

12 ‘‘(c) DEFINITIONS, ADMINISTRATION, AND ENFORCE13 MENT.—This section shall be treated as part of chapter 700 

14 for purposes of sections 70031, 70032, 70034, 70035, and 

15 70036.’’. 

16 (c) CLERICAL AMENDMENT.—The analysis at the be17 ginning of chapter 701 of such title is amended by inserting 

18 after the item relating to section 70102 the following: 

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

19 (d) NONDISCLOSURE OF PORT SECURITY PLANS.— 

20 Subsection (c) of section 7 of the Ports and Waterways Safe-
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1 ty Act (33 U.S.C. 1226), as so designated before the applica2 tion of subsection (b)(1) of this section— 

3 (1) is redesignated as subsection (f) of section 

4 70103 of title 46, United States Code, and transferred 

5 so as to appear after subsection (e) of such section; 

6 and 

7 (2) is amended by striking ‘‘this Act’’ and insert8 ing ‘‘this chapter’’. 

9 TITLE V—MARITIME 

10 TRANSPORTATION SAFETY 

11 SEC. 501. CONSISTENCY IN MARINE INSPECTIONS. 

12 (a) IN GENERAL.—Section 3305 of title 46, United 

13 States Code, is amended by adding at the end the following: 

14 ‘‘(d)(1) The Commandant of the Coast Guard shall en15 sure that Officers in Charge, Marine Inspections consist16 ently interpret regulations and standards under this sub17 title and chapter 700 to avoid disruption and undue ex18 pense to industry. 

19 ‘‘(2)(A) Subject to subparagraph (B), in the event of 

20 a disagreement regarding the condition of a vessel or the 

21 interpretation of a regulation or standard referred to in 

22 subsection (a) between a local Officer in Charge, Marine 

23 Inspection conducting an inspection of the vessel and the 

24 Officer in Charge, Marine Inspection that issued the most 
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1 recent certificate of inspection for the vessel, such Officers 

2 shall seek to resolve such disagreement. 

3 ‘‘(B) If a disagreement described in subparagraph (A) 

4 involves vessel design or plan review, the Coast Guard ma5 rine safety center shall be included in all efforts to resolve 

6 such disagreement. 

7 ‘‘(C) If a disagreement described in subparagraph (A) 

8 or (B) cannot be resolved, the local Officer in Charge, Ma9 rine Inspection shall submit to the Commandant of the 

10 Coast Guard, through the cognizant Coast Guard district 

11 commander, a request for a final agency determination of 

12 the matter in disagreement. 

13 ‘‘(3) The Commandant of the Coast Guard shall— 

14 ‘‘(A) provide to each person affected by a deci15 sion or action by an Officer in Charge, Marine In16 spection or by the Coast Guard marine safety center 

17 all information necessary for such person to exercise 

18 any right to appeal such decision or action; and 

19 ‘‘(B) if such an appeal is filed, process such ap20 peal under parts 1 through 4 of title 46, Code of Fed21 eral Regulations, as in effect on the date of enactment 

22 of the Coast Guard Authorization Act of 2017. 

23 ‘‘(4) In this section, the term ‘Officer in Charge, Ma24 rine Inspection’ means any person from the civilian or 

25 military branch of the Coast Guard who— 
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1 ‘‘(A) is designated as such by the Commandant; 

2 and 

3 ‘‘(B) under the superintendence and direction of 

4 the cognizant Coast Guard district commander, is in 

5 charge of an inspection zone for the performance of 

6 duties with respect to the inspections under, and en7 forcement and administration of, subtitle II, chapter 

8 700, and regulations under such laws.’’. 

9 (b) REPORT ON MARINE INSPECTOR TRAINING.—Not 

10 later than 1 year after the date of the enactment of this 

11 Act, the Commandant of the Coast Guard shall submit to 

12 the Committee on Commerce, Science, and Transportation 

13 of the Senate and the Committee on Transportation and 

14 Infrastructure of the House of Representatives a report on 

15 the training, experience, and qualifications required for as16 signment as a marine inspector under section 312 of title 

17 14, United States Code, including— 

18 (1) a description of any continuing education re19 quirement, including a specific list of the required 

20 courses; 

21 (2) a description of the training, including a 

22 specific list of the included courses, offered to a jour23 neyman or an advanced journeyman marine inspec24 tor to advance inspection expertise; 
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1 (3) a description of any training that was of2 fered in the 15-year period before the date of the en3 actment of this Act, but is no longer required or of4 fered, including a specific list of the included courses, 

5 including the senior marine inspector course and any 

6 plan review courses; 

7 (4) a justification for why a course described in 

8 paragraph (3) is no longer required or offered; and 

9 (5) a list of the course content the Commandant 

10 considers necessary to promote consistency among 

11 marine inspectors in an environment of increasingly 

12 complex vessels and vessel systems. 

13 SEC. 502. UNINSPECTED PASSENGER VESSELS IN ST. LOUIS 

14 COUNTY, MINNESOTA. 

15 Section 4105 of title 46, United States Code, amend16 ed— 

17 (1) by redesignating subsection (c) as subsection 

18 (d); and 

19 (2) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c) In applying this title with respect to an 

22 uninspected vessel of less than 25 feet overall in length that 

23 carries passengers on Crane Lake or waters contiguous to 

24 such lake in St. Louis County, Minnesota, the Secretary 
137 

†S 140 EAS 

1 shall substitute ‘12 passengers’ for ‘6 passengers’ each place 

2 it appears in section 2101(51).’’. 

3 SEC. 503. ENGINE CUT-OFF SWITCH REQUIREMENTS. 

4 (a) IN GENERAL.—Chapter 43 of title 46, United 

5 States Code, is amended by adding at the end the following: 

6 ‘‘§ 4312. Engine cut-off switches 

7 ‘‘(a) INSTALLATION REQUIREMENT.—A manufacturer, 

8 distributor, or dealer that installs propulsion machinery 

9 and associated starting controls on a covered recreational 

10 vessel shall equip such vessel with an engine cut-off switch 

11 and engine cut-off switch link that meet American Boat and 

12 Yacht Council Standard A–33, as in effect on the date of 

13 the enactment of the Coast Guard Authorization Act of 

14 2017. 

15 ‘‘(b) EDUCATION ON CUT-OFF SWITCHES.—The Com16 mandant of the Coast Guard, through the National Boating 

17 Safety Advisory Committee established under section 15105, 

18 may initiate a boating safety program on the use and bene19 fits of cut-off switches for recreational vessels. 

20 ‘‘(c) AVAILABILITY OF STANDARD FOR INSPECTION.— 

21 ‘‘(1) IN GENERAL.—Not later than 90 days after 

22 the date of the enactment of this section, the Com23 mandant shall transmit American Boat and Yacht 

24 Council Standard A–33, as in effect on the date of en-
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†S 140 EAS 

1 actment of the Coast Guard Authorization Act of 

2 2017, to— 

3 ‘‘(A) the Committee on Transportation and 

4 Infrastructure of the House of Representatives; 

5 ‘‘(B) the Committee on Commerce, Science, 

6 and Transportation of the Senate; and 

7 ‘‘(C) the Coast Guard Office of Design and 

8 Engineering Standards; and 

9 ‘‘(D) the National Archives and Records 

10 Administration. 

11 ‘‘(2) AVAILABILITY.—The standard submitted 

12 under paragraph (1) shall be kept on file and avail13 able for public inspection at such Coast Guard office 

14 and the National Archives and Records Administra15 tion. 

16 ‘‘(d) DEFINITIONS.—In this section: 

17 ‘‘(1) COVERED RECREATIONAL VESSEL.—The 

18 term ‘covered recreational vessel’ means a recreational 

19 vessel that is— 

20 ‘‘(A) less than 26 feet overall in length; and 

21 ‘‘(B) capable of developing 115 pounds or 

22 more of static thrust. 

23 ‘‘(2) DEALER.—The term ‘dealer’ means any 

24 person who is engaged in the sale and distribution of 

25 recreational vessels or associated equipment to pur-
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†S 140 EAS 

1 chasers whom the seller in good faith believes to be 

2 purchasing any such vessel or associated equipment 

3 for purposes other than resale. 

4 ‘‘(3) DISTRIBUTOR.—The term ‘distributor’ 

5 means any person engaged in the sale and distribu6 tion of recreational vessels and associated equipment 

7 for the purposes of resale. 

8 ‘‘(4) MANUFACTURER.—The term ‘equipment 

9 manufacturer’ means any person engaged in the man10 ufacture, construction, or assembly of recreational ves11 sels or associated equipment, or the importation of 

12 recreational vessels into the United States for subse13 quent sale. 

14 ‘‘(5) PROPULSION MACHINERY.—The term ‘pro15 pulsion machinery’ means a self-contained propulsion 

16 system, and includes, but is not limited to, inboard 

17 engines, outboard motors, and sterndrive engines. 

18 ‘‘(6) STATIC THRUST.—The term ‘static thrust’ 

19 means the forward or backwards thrust developed by 

20 propulsion machinery while stationary.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis at the be22 ginning of such chapter is amended by adding at the end 

23 the following: 

‘‘4312. Engine cut-off switches.’’. 
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†S 140 EAS 

1 (c) EFFECTIVE DATE.—Section 4312 of title 46, 

2 United States Code, as amended by this section, shall take 

3 effect one year after the date of the enactment of this Act. 

4 SEC. 504. EXCEPTION FROM SURVIVAL CRAFT REQUIRE5 MENTS. 

6 Section 4502(b) of title 46, United States Code, is 

7 amended— 

8 (1) in paragraph (2)(B), by striking ‘‘a survival 

9 craft’’ and inserting ‘‘subject to paragraph (3), a sur10 vival craft’’; 

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

12 ‘‘(3) Except for a nonapplicable vessel, an auxil13 iary craft shall satisfy the equipment requirement 

14 under paragraph (2)(B) if such craft is— 

15 ‘‘(A) necessary for normal fishing oper16 ations; 

17 ‘‘(B) readily accessible during an emer18 gency; and 

19 ‘‘(C) capable, in accordance with the Coast 

20 Guard capacity rating, when applicable, of safe21 ly holding all individuals on board the vessel to 

22 which the craft functions as an auxiliary.’’; and 

23 (3) by adding at the end the following: 
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†S 140 EAS 

1 ‘‘(k) For the purposes of this section, the term ‘auxil2 iary craft’ means a vessel that is carried onboard a fishing 

3 vessel and is normally used to support fishing operations.’’. 

4 SEC. 505. SAFETY STANDARDS. 

5 Section 4502(f) of title 46, United States Code, is 

6 amended by striking paragraphs (2) and (3) and inserting 

7 the following: 

8 ‘‘(2) shall examine at dockside a vessel described 

9 in subsection (b) at least once every 5 years, but may 

10 require an exam at dockside every 2 years for certain 

11 vessels described in subsection (b) if requested by the 

12 owner or operator; and 

13 ‘‘(3) shall issue a certificate of compliance to a 

14 vessel meeting the requirements of this chapter and 

15 satisfying the requirements in paragraph (2).’’. 

16 SEC. 506. FISHING SAFETY GRANTS. 

17 Section 4502 of title 46, United States Code, is amend18 ed— 

19 (1) in subsections (i) and (j), by striking ‘‘Sec20 retary’’ each place it appears and inserting ‘‘Sec21 retary of Health and Human Services’’; 

22 (2) in subsection (i)(2), as amended by para23 graph (1), by inserting ‘‘, in consultation with and 

24 based on criteria established by the Commandant of 
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1 the Coast Guard’’ after ‘‘Health and Human Serv2 ices’’; 

3 (3) in subsection (i)(3), by striking ‘‘75’’ and in4 serting ‘‘50’’; 

5 (4) in subsection (i)(4), by striking ‘‘$3,000,000 

6 for each of fiscal years 2015 through 2017’’ and in7 serting ‘‘$3,000,000 for each of fiscal years 2018 

8 through 2019’’; 

9 (5) in subsection (j)(2), as amended by para10 graph (1), by inserting ‘‘, in consultation with and 

11 based on criteria established by the Commandant of 

12 the Coast Guard,’’ after ‘‘Health and Human Serv13 ices’’; 

14 (6) in subsection (j)(3), by striking ‘‘75’’ and in15 serting ‘‘50’’; and 

16 (7) in subsection (j)(4), by striking ‘‘$3,000,000 

17 for each fiscal years 2015 through 2017’’ and insert18 ing ‘‘$3,000,000 for each of fiscal years 2018 through 

19 2019’’. 

20 SEC. 507. FISHING, FISH TENDER, AND FISH PROCESSING 

21 VESSEL CERTIFICATION. 

22 (a) NONAPPLICATION.—Section 4503(c)(2)(A) of title 

23 46, United States Code, is amended by striking ‘‘79’’ and 

24 inserting ‘‘180’’. 
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†S 140 EAS 

1 (b) DETERMINING WHEN KEEL IS LAID.—Section 

2 4503(f) of title 46, United States Code, as redesignated by 

3 section 508 of this Act, is further amended to read as fol4 lows: 

5 ‘‘(f)(1) For purposes of this section and section 4503a, 

6 the term ‘built’ means, with respect to a vessel, that the ves7 sel’s construction has reached any of the following stages: 

8 ‘‘(A) The vessel’s keel is laid. 

9 ‘‘(B) Construction identifiable with the vessel has 

10 begun and assembly of that vessel has commenced 

11 comprising of at least 50 metric tons or one percent 

12 of the estimated mass of all structural material, 

13 whichever is less. 

14 ‘‘(2) In the case of a vessel greater than 79 feet overall 

15 in length, for purposes of paragraph (1)(A) a keel is deemed 

16 to be laid when a marine surveyor affirms that a structure 

17 adequate for serving as a keel for such vessel is in place 

18 and identified for use in the construction of such vessel.’’. 

19 SEC. 508. DEADLINE FOR COMPLIANCE WITH ALTERNATE 

20 SAFETY COMPLIANCE PROGRAM. 

21 (a) IN GENERAL.—Section 4503(d) of title 46, United 

22 States Code, is redesignated as section 4503a and trans23 ferred to appear after section 4503 of such title. 
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†S 140 EAS 

1 (b) FISHING, FISH TENDER, AND FISH PROCESSING

2 VESSEL CERTIFICATION.—Section 4503 of title 46, United 

3 States Code, is amended— 

4 (1) by redesignating subsections (e), (f), and (g) 

5 as subsections (d), (e), and (f), respectively; 

6 (2) in subsection (b), by striking ‘‘subsection (d)’’ 

7 and inserting ‘‘section 4503a’’; 

8 (3) in subsection (c)(2)(B)(ii)(I), by striking 

9 ‘‘subsection (e)’’ and inserting ‘‘subsection (d)’’; 

10 (4) in subsection (c)(2)(B)(ii)(II), by striking 

11 ‘‘subsection (f)’’ and inserting ‘‘subsection (e)’’; 

12 (5) in subsection (e)(1), as amended by para13 graph (1) of this subsection, by striking ‘‘subsection 

14 (e)’’ each place it appears and inserting ‘‘subsection 

15 (d)’’; and 

16 (6) in subsection (e)(2), as amended by para17 graph (1) of this subsection, by striking ‘‘subsection 

18 (e)’’ each place it appears and inserting ‘‘subsection 

19 (d)’’; 

20 (c) ALTERNATE SAFETY COMPLIANCE PROGRAM.— 

21 Section 4503a of title 46, United States Code, as redesig22 nated and transferred by subsection (a) of this section, is 

23 amended— 
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†S 140 EAS 

1 (1) by redesignating paragraphs (1), (2), (3), 

2 (4), and (5) as subsections (a), (b), (c), (d), and (e), 

3 respectively; 

4 (2) by inserting before subsection (a), as so redes5 ignated, the following: 

6 ‘‘§ 4503a. Alternate safety compliance program’’; 

7 (3) in subsection (a), as redesignated by para8 graph (1) of this subsection, by striking ‘‘After Janu9 ary 1, 2020,’’ and all that follows through ‘‘the Sec10 retary, if’’ and inserting ‘‘Subject to subsection (c), 

11 beginning on the date that is 3 years after the date 

12 that the Secretary prescribes an alternate safety com13 pliance program, a fishing vessel, fish processing ves14 sel, or fish tender vessel to which section 4502(b) of 

15 this title applies shall comply with such an alternate 

16 safety compliance program, if’’; 

17 (4) in subsection (a), as so redesignated, by re18 designating subparagraphs (A), (B), and (C) as para19 graphs (1), (2), and (3), respectively; 

20 (5) in subsection (b), as so redesignated, by strik21 ing ‘‘establishes standards for an alternate safety 

22 compliance program, shall comply with such an alter23 native safety compliance program that is developed in 

24 cooperation with the commercial fishing industry and 

25 prescribed by the Secretary’’ and inserting ‘‘prescribes 
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†S 140 EAS 

1 an alternate safety compliance program under sub2 section (a), shall comply with such an alternate safety 

3 compliance program’’; 

4 (6) by amending subsection (c), as so redesig5 nated, to read as follows: 

6 ‘‘(c) For purposes of subsection (a), a separate alter7 nate safety compliance program may be developed for a spe8 cific region or specific fishery.’’; 

9 (7) in subsection (d), as so redesignated— 

10 (A) by striking ‘‘paragraph (1)’’ and insert11 ing ‘‘subsection (a)’’; and 

12 (B) by striking ‘‘that paragraph’’ each 

13 place it appears and inserting ‘‘that subsection’’; 

14 (8) in subsection (e), as so redesignated, by— 

15 (A) inserting ‘‘is not eligible to participate 

16 in an alternative safety compliance program 

17 prescribed under subsection (a) and’’ after ‘‘July 

18 1, 2012’’; and 

19 (B) redesignating subparagraphs (A) and 

20 (B) as paragraphs (1) and (2), respectively; 

21 (9) by adding at the end the following: 

22 ‘‘(f) For the purposes of this section, the term ‘built’ 

23 has the meaning given that term in section 4503(f).’’. 
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†S 140 EAS 

1 (d) CLERICAL AMENDMENT.—The analysis at the be2 ginning of chapter 45 of such title is amended by inserting 

3 after the item relating to section 4503 the following 

‘‘4503a. Alternate safety compliance program.’’. 

4 (e) CONFORMING AMENDMENT.—Section 3104 of title 

5 46, United States Code, is amended by striking ‘‘section 

6 4503(e)’’ and inserting ‘‘section 4503(d)’’. 

7 (f) FINAL RULE.—Not later than 1 year after the date 

8 of enactment of this Act, the Secretary of the department 

9 in which the Coast Guard is operating shall issue a final 

10 rule implementing the requirements enumerated in section 

11 4503(d) of title 46, as amended by subsection (b)(1) of this 

12 section. 

13 (g) ALTERNATE SAFETY COMPLIANCE PROGRAM STA14 TUS REPORT.— 

15 (1) IN GENERAL.—Not later than January 1, 

16 2020, the Secretary of the department in which the 

17 Coast Guard is operating shall submit to the Com18 mittee on Transportation and Infrastructure of the 

19 House of Representatives and the Committee on Com20 merce, Science, and Transportation of the Senate a 

21 report on the status of the development of the alter22 nate safety compliance program directed by section 

23 4503a of title 46, United States Code, as redesignated 

24 by subsection (c). 
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1 (2) CONTENTS.—The report required under 

2 paragraph (1) shall include discussion of— 

3 (A) steps taken in the rulemaking process to 

4 establish the alternate safety compliance pro5 gram; 

6 (B) communication and collaboration be7 tween the Coast Guard, the department in which 

8 the Coast Guard is operating, and the commer9 cial fishing vessel industry regarding the devel10 opment of the alternate safety compliance pro11 gram; 

12 (C) consideration given to developing alter13 nate safety compliance programs for specific re14 gions and fisheries, as authorized in section 

15 4503a(c) of such title, as redesignated by sub16 section (c); 

17 (D) any identified legislative changes nec18 essary to implement an effective alternate safety 

19 compliance program; and 

20 (E) the timeline and planned actions that 

21 will be taken to implement regulations necessary 

22 to fully establish an alternate safety compliance 

23 program before January 1, 2020. 
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1 SEC. 509. TERMINATION OF UNSAFE OPERATIONS; TECH2 NICAL CORRECTION. 

3 Section 4505(2) of title 46, United States Code, is 

4 amended— 

5 (1) by striking ‘‘4503(1)’’ and inserting 

6 ‘‘4503(a)(2)’’; and 

7 (2) by inserting before the period the following: 

8 ‘‘, except that this paragraph shall not apply with re9 spect to a vessel to which section 4503a applies’’. 

10 SEC. 510. TECHNICAL CORRECTIONS: LICENSES, CERTIFI11 CATES OF REGISTRY, AND MERCHANT MAR12 INER DOCUMENTS. 

13 Title 46, United States Code, is amended— 

14 (1) in section 7106(b), by striking ‘‘merchant 

15 mariner’s document,’’ and inserting ‘‘license,’’; 

16 (2) in section 7107(b), by striking ‘‘merchant 

17 mariner’s document,’’ and inserting ‘‘certificate of 

18 registry,’’; 

19 (3) in section 7507(b)(1), by striking ‘‘licenses or 

20 certificates of registry’’ and inserting ‘‘merchant mar21 iner documents’’; and 

22 (4) in section 7507(b)(2) by striking ‘‘merchant 

23 mariner’s document.’’ and inserting ‘‘license or cer24 tificate of registry.’’. 
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1 SEC. 511. CLARIFICATION OF LOGBOOK ENTRIES. 

2 (a) IN GENERAL.—Section 11304 of title 46, United 

3 States Code, is amended— 

4 (1) in subsection (a), by striking ‘‘an official log5 book, which’’ and inserting ‘‘a logbook, which may be 

6 in any form, including electronic, and’’; and 

7 (2) in subsection (b), by amending paragraph 

8 (3) to read as follows: 

9 ‘‘(3) Each illness of, and injury to, a seaman of 

10 the vessel, the nature of the illness or injury, and the 

11 medical treatment provided for the injury or illness.’’. 

12 (b) TECHNICAL AMENDMENT.—Section 11304(b) is 

13 amended by striking ‘‘log book’’ and inserting ‘‘logbook’’. 

14 SEC. 512. CERTIFICATES OF DOCUMENTATION FOR REC15 REATIONAL VESSELS. 

16 Section 12105 of title 46, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(e) EFFECTIVE PERIOD.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graphs (2) and (3), a certificate of documentation 

21 issued under this part is valid for a 1-year period 

22 and may be renewed for additional 1-year periods. 

23 ‘‘(2) RECREATIONAL VESSELS.— 

24 ‘‘(A) IN GENERAL.—A certificate of docu25 mentation for a recreational vessel and the re-
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1 newal of such a certificate shall be effective for 

2 a 5-year period. 

3 ‘‘(B) PHASE-IN PERIOD.—During the period 

4 beginning January 1, 2019, and ending Decem5 ber 31, 2021, the owner or operator of a rec6 reational vessel may choose a period of effective7 ness of between 1 and 5 years for such a certifi8 cate of documentation for such vessel or the re9 newal thereof. 

10 ‘‘(C) FEES.— 

11 ‘‘(i) REQUIREMENT.—The Secretary 

12 shall assess and collect a fee— 

13 ‘‘(I) for the issuance of a certifi14 cate of documentation for a rec15 reational vessel that is equivalent to 

16 the fee established for the issuance of a 

17 certificate of documentation under sec18 tion 2110; and 

19 ‘‘(II) for the renewal of a certifi20 cate of documentation for a rec21 reational vessel that is equivalent to 

22 the number of years of effectiveness of 

23 the certificate of documentation multi24 plied by the fee established for the re-
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1 newal of a certificate of documentation 

2 under section 2110. 

3 ‘‘(ii) TREATMENT.—Fees collected 

4 under this subsection— 

5 ‘‘(I) shall be credited to the ac6 count from which the costs of such 

7 issuance or renewal were paid; and 

8 ‘‘(II) may remain available until 

9 expended. 

10 ‘‘(3) NOTICE OF CHANGE IN INFORMATION.— 

11 ‘‘(A) REQUIREMENT.—The owner of a vessel 

12 shall notify the Coast Guard of each change in 

13 the information on which the issuance of the cer14 tificate of documentation for the vessel is based 

15 that occurs before the expiration of the certificate 

16 under this subsection, by not later than 30 days 

17 after such change. 

18 ‘‘(B) TERMINATION OF CERTIFICATE.—The 

19 certificate of documentation for a vessel shall ter20 minate upon the expiration of such 30-day pe21 riod if the owner has not notified the Coast 

22 Guard of such change before the end of such pe23 riod. 

24 ‘‘(4) STATE AND LOCAL AUTHORITY TO REMOVE

25 ABANDONED AND DERELICT VESSELS.—Nothing in 
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1 this section shall be construed to limit the authority 

2 of a State or local authority from taking action to re3 move an abandoned or derelict vessel.’’. 

4 SEC. 513. NUMBERING FOR UNDOCUMENTED BARGES. 

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

6 amended— 

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

8 and 

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

10 SEC. 514. BACKUP NATIONAL TIMING SYSTEM. 

11 (a) SHORT TITLE.—This section may be cited as the 

12 ‘‘National Timing Resilience and Security Act of 2018’’. 

13 (b) IN GENERAL.—Chapter 30 of title 49, United 

14 States Code, is amended by adding at the end the following: 

15 ‘‘§ 312. Alternative timing system 

16 ‘‘(a) IN GENERAL.—Subject to the availability of ap17 propriations, the Secretary of Transportation shall provide 

18 for the establishment, sustainment, and operation of a land19 based, resilient, and reliable alternative timing system— 

20 ‘‘(1) to reduce critical dependencies and provide 

21 a complement to and backup for the timing compo22 nent of the Global Positioning System (referred to in 

23 this section as ‘GPS’); and 

24 ‘‘(2) to ensure the availability of uncorrupted 

25 and non-degraded timing signals for military and ci-
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1 vilian users in the event that GPS timing signals are 

2 corrupted, degraded, unreliable, or otherwise unavail3 able. 

4 ‘‘(b) ESTABLISHMENT OF REQUIREMENTS.— 

5 ‘‘(1) IN GENERAL.—Not later than 180 days 

6 after the date of enactment of the National Timing 

7 Resilience and Security Act of 2018, the Secretary of 

8 Transportation shall establish requirements for the 

9 procurement of the system required by subsection (a) 

10 as a complement to and backup for the timing compo11 nent of GPS in accordance with the timing require12 ments study required by section 1618 of the National 

13 Defense Authorization Act for Fiscal Year 2017 (Pub14 lic Law 114–328; 130 Stat. 2595). 

15 ‘‘(2) REQUIREMENTS.—The Secretary of Trans16 portation shall ensure, to the maximum extent prac17 ticable, that the system established under subsection 

18 (a) will— 

19 ‘‘(A) be wireless; 

20 ‘‘(B) be terrestrial; 

21 ‘‘(C) provide wide-area coverage; 

22 ‘‘(D) be synchronized with coordinated uni23 versal time; 

24 ‘‘(E) be resilient and extremely difficult to 

25 disrupt or degrade; 
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1 ‘‘(F) be able to penetrate underground and 

2 inside buildings; 

3 ‘‘(G) be capable of deployment to remote lo4 cations; 

5 ‘‘(H) be developed, constructed, and oper6 ated incorporating applicable private sector ex7 pertise; 

8 ‘‘(I) work in concert with and complement 

9 any other similar positioning, navigation, and 

10 timing systems, including enhanced long-range 

11 navigation systems and Nationwide Differential 

12 GPS systems; 

13 ‘‘(J) be available for use by Federal and 

14 non-Federal government agencies for public pur15 poses at no net cost to the Federal Government 

16 within 10 years of initiation of operation; 

17 ‘‘(K) be capable of adaptation and expan18 sion to provide position and navigation capabili19 ties; 

20 ‘‘(L) incorporate the recommendations from 

21 any GPS back-up demonstration program initi22 ated and completed by the Secretary, in coordi23 nation with other Federal agencies, before the 

24 date specified in subsection (c)(1); and 
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1 ‘‘(M) incorporate such other elements as the 

2 Secretary considers appropriate. 

3 ‘‘(c) IMPLEMENTATION PLAN.— 

4 ‘‘(1) PLAN REQUIRED.—Not later than 180 days 

5 after the date of enactment of the National Timing 

6 Resilience and Security Act of 2018, the Secretary of 

7 Transportation shall submit to the Committee on 

8 Commerce, Science, and Transportation of the Senate 

9 and the Committee on Transportation and Infrastruc10 ture of the House of Representatives a report setting 

11 forth the following: 

12 ‘‘(A) A plan to develop, construct, and oper13 ate the system required by subsection (a). 

14 ‘‘(B) A description and assessment of the 

15 advantages of a system to provide a follow-on 

16 complementary and backup positioning and 

17 navigation capability to the timing component of 

18 GPS. 

19 ‘‘(2) DEADLINE FOR COMMENCEMENT OF OPER20 ATION.—The system required by subsection (a) shall 

21 be in operation by not later than 2 years after the 

22 date of enactment of the National Timing Resilience 

23 and Security Act of 2018. 

24 ‘‘(3) MINIMUM DURATION OF OPERATIONAL CA25 PABILITY.—The system required by subsection (a) 
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1 shall be designed to be fully operational for not less 

2 than 20 years. 

3 ‘‘(d) LORAN FACILITIES.— 

4 ‘‘(1) IN GENERAL.—If the Secretary of Transpor5 tation determines that any LORAN infrastructure, 

6 including the underlying real property and any spec7 trum associated with LORAN, in the possession of the 

8 Coast Guard is required by the Department of Trans9 portation for the purpose of establishing the system 

10 required by subsection (a), the Commandant shall 

11 transfer such property, spectrum, and equipment to 

12 the Secretary. 

13 ‘‘(2) CERCLA NOT AFFECTED.—This subsection 

14 shall not be construed to limit the application of or 

15 otherwise affect section 120(h) of the Comprehensive 

16 Environmental Response, Compensation, and Liabil17 ity Act of 1980 (42 U.S.C. 9620(h)) with respect to 

18 the Federal Government facilities described in para19 graph (1). 

20 ‘‘(e) COOPERATIVE AGREEMENT.— 

21 ‘‘(1) IN GENERAL.—The Secretary of Transpor22 tation may enter into a cooperative agreement (as 

23 that term is described in section 6305 of title 31) with 

24 an entity upon such terms and conditions as the Sec25 retary of Transportation determines will fulfill the 
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1 purpose and requirements of this section and be in 

2 the public interest. 

3 ‘‘(2) REQUIREMENTS.—The cooperative agree4 ment under paragraph (1) shall, at a minimum, re5 quire the Secretary of Transportation to— 

6 ‘‘(A) authorize the entity to sell timing and 

7 other services to commercial and non-commercial 

8 third parties, subject to any national security re9 quirements determined by the Secretary, in con10 sultation with the Secretary of Defense; 

11 ‘‘(B) require the entity to develop, construct, 

12 and operate at private expense the backup tim13 ing system in accordance with this section; 

14 ‘‘(C) allow the entity to make any invest15 ments in technologies necessary over the life of 

16 such agreement to meet future requirements for 

17 advanced timing resilience and technologies; 

18 ‘‘(D) require the entity to share 25 percent 

19 of the gross proceeds received by the entity from 

20 the sale of timing services to third parties with 

21 the Secretary for at least 10 years after the date 

22 upon which the Secretary enters into the cooper23 ative agreement; 

24 ‘‘(E) require the entity— 
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1 ‘‘(i) to assume all financial risk for the 

2 completion and operational capability of 

3 the system, after the Secretary provides any 

4 LORAN facilities necessary for the system 

5 under subsection (d), if required for the al6 ternative timing system; and 

7 ‘‘(ii) to furnish performance and pay8 ment bonds in connection with the system 

9 in a reasonable amount as determined by 

10 the Secretary; and 

11 ‘‘(F) require the entity to make any invest12 ments in technologies necessary over the life of 

13 the agreement to meet future requirements for 

14 advanced timing resiliency. 

15 ‘‘(3) COMPETITION REQUIRED.—The Secretary 

16 shall use competitive procedures similar to those au17 thorized under section 2667 of title 10 in selecting an 

18 entity to enter into a cooperative agreement pursuant 

19 to this subsection. 

20 ‘‘(4) AUTHORIZATION TO PURCHASE SERV21 ICES.—The Secretary may not purchase timing sys22 tem services from the entity for use by the Depart23 ment of Transportation or for provision to other Fed24 eral and non-Federal governmental agencies until the 

25 system achieves operational status, and then only if 
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1 the necessary funds for such purchases are provided 

2 for in subsequent yearly appropriations acts made 

3 available to the Secretary for each and every year in 

4 which such purchases are made. 

5 ‘‘(5) DETERMINATION REQUIREMENT.—The Sec6 retary may not enter into a cooperative agreement 

7 under this subsection unless the Secretary determines 

8 that the cooperative agreement is in the best financial 

9 interest of the Federal Government. The Secretary 

10 shall notify the Committee on Committee on Com11 merce, Science, and Transportation of the Senate and 

12 the Committee on Transportation and Infrastructure 

13 of the House of Representatives of such determination 

14 not later than 30 days after the date of the deter15 mination. 

16 ‘‘(6) DEFINITION.—In this subsection the term 

17 ‘entity’ means a non-Federal entity with the dem18 onstrated technical expertise and requisite adminis19 trative and financial resources to meet any terms and 

20 conditions established by the Secretary for purposes of 

21 this subsection.’’. 

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

23 chapter 3 of title 49, United States Code, is amended by 

24 adding at the end the following: 

‘‘312. Alternative timing system.’’. 
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1 SEC. 515. SCIENTIFIC PERSONNEL. 

2 Section 2101(41) of title 46, United States Code, is 

3 amended— 

4 (1) by inserting ‘‘(A) Subject to subparagraph 

5 (B),’’ before the text; and 

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

7 ‘‘(B)(i) Such term includes an individual who is 

8 on board an oceanographic research vessel only to— 

9 ‘‘(I) engage in scientific research; 

10 ‘‘(II) instruct in oceanography or lim11 nology; or 

12 ‘‘(III) receive instruction in oceanography 

13 or limnology. 

14 ‘‘(ii) For purposes of clause (i), the age of an in15 dividual may not be considered in determining 

16 whether the individual is described in such clause.’’. 

17 SEC. 516. TRANSPARENCY. 

18 (a) IN GENERAL.—The Commandant of the Coast 

19 Guard shall publish any letter of determination issued by 

20 the Coast Guard National Vessel Documentation Center 

21 after the date of the enactment of this Act on the National 

22 Vessel Documentation Center website not later than 30 days 

23 after the date of issuance of such letter of determination. 

24 (b) AUDIT.— 
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†S 140 EAS 

1 (1) IN GENERAL.—The Comptroller General of 

2 the United States shall conduct an audit, the results 

3 of which shall be made publicly available, of— 

4 (A) the method or process by which the 

5 Coast Guard National Vessel Documentation 

6 Center develops policy for and documents com7 pliance with the requirements of section 67.97 of 

8 title 46, Code of Federal Regulations, for the 

9 purpose of issuing endorsements under section 

10 12112 and 12113 of title 46, United States Code; 

11 (B) the coordination between the Coast 

12 Guard and U.S. Customs and Border Protection 

13 with respect to the enforcement of such require14 ments; and 

15 (C) the extent to which the Secretary of the 

16 department in which the Coast Guard is oper17 ating and the Secretary of Transportation, 

18 through the Maritime Administration, have pub19 lished and disseminated information to promote 

20 compliance with applicable vessel construction 

21 requirements. 

22 (2) REPORT.—Not later than 90 days after the 

23 audit under paragraph (1) is complete, the Comp24 troller General of the United States shall submit to 

25 the Committee on Commerce, Science, and Transpor-
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1 tation of the Senate and the Committee on Transpor2 tation and Infrastructure of the House of Representa3 tives a report regarding the results of and rec4 ommendations made pursuant to such audit. 

5 (c) OUTLINE.—Not later than 180 days after the date 

6 of the submission of the Comptroller General of the United 

7 States report required under subsection (b), the Com8 mandant of the Coast Guard shall submit to the Committee 

9 on Commerce, Science, and Transportation of the Senate 

10 and the Committee on Transportation and Infrastructure 

11 of the House of Representatives an outline of plans— 

12 (1) to enhance the transparency of the docu13 mentation process, and communications with the 

14 maritime industry regarding such process over the 

15 next 5 years; and 

16 (2) to implement the recommendations made by 

17 the Comptroller General of the United States in the 

18 report required under subsection (b)(2). 

19 TITLE VI—ADVISORY 

20 COMMITTEES 

21 SEC. 601. NATIONAL MARITIME TRANSPORTATION ADVI22 SORY COMMITTEES. 

23 (a) IN GENERAL.—Subtitle II of title 46, United 

24 States Code, is amended by adding at the end the following: 
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1 ‘‘PART K—NATIONAL MARITIME 

2 TRANSPORTATION ADVISORY COMMITTEES 

3 ‘‘CHAPTER 151—NATIONAL MARITIME 

4 TRANSPORTATION ADVISORY COMMIT5 TEES 

‘‘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. 

6 ‘‘§ 15101. National Chemical Transportation Safety 

7 Advisory Committee 

8 ‘‘(a) ESTABLISHMENT.—There is established a Na9 tional Chemical Transportation Safety Advisory Committee 

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

11 ‘‘(b) FUNCTION.—The Committee shall advise the Sec12 retary on matters relating to the safe and secure marine 

13 transportation of hazardous materials. 

14 ‘‘(c) MEMBERSHIP.— 

15 ‘‘(1) IN GENERAL.—The Committee shall consist 

16 of not more than 25 members appointed by the Sec17 retary in accordance with this section and section 

18 15109 of this chapter. 

19 ‘‘(2) EXPERTISE.—Each member of the Com20 mittee shall have particular expertise, knowledge, and 
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1 experience in matters relating to the function of the 

2 Committee. 

3 ‘‘(3) REPRESENTATION.—Each member of the 

4 Committee shall represent 1 of the following: 

5 ‘‘(A) Chemical manufacturing entities. 

6 ‘‘(B) Entities related to marine handling or 

7 transportation of chemicals. 

8 ‘‘(C) Vessel design and construction entities. 

9 ‘‘(D) Marine safety or security entities. 

10 ‘‘(E) Marine environmental protection enti11 ties. 

12 ‘‘(4) DISTRIBUTION.—The Secretary shall, based 

13 on the needs of the Coast Guard, determine the num14 ber of members of the Committee who represent each 

15 entity specified in paragraph (3). Neither this para16 graph nor any other provision of law shall be con17 strued to require an equal distribution of members 

18 representing each entity specified in paragraph (3). 

19 ‘‘§ 15102. National Commercial Fishing Safety Advi20 sory Committee 

21 ‘‘(a) ESTABLISHMENT.—There is established a Na22 tional Commercial Fishing Safety Advisory Committee (in 

23 this section referred to as the ‘Committee’). 

24 ‘‘(b) FUNCTION.—The Committee shall— 
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1 ‘‘(1) advise the Secretary on matters relating to 

2 the safe operation of vessels to which chapter 45 of 

3 this title applies, including the matters of— 

4 ‘‘(A) navigation safety; 

5 ‘‘(B) safety equipment and procedures; 

6 ‘‘(C) marine insurance; 

7 ‘‘(D) vessel design, construction, mainte8 nance, and operation; and 

9 ‘‘(E) personnel qualifications and training; 

10 and 

11 ‘‘(2) review regulations proposed under chapter 

12 45 of this title (during preparation of the regula13 tions). 

14 ‘‘(c) MEMBERSHIP.— 

15 ‘‘(1) IN GENERAL.—The Committee shall consist 

16 of 18 members appointed by the Secretary in accord17 ance with this section and section 15109 of this chap18 ter. 

19 ‘‘(2) EXPERTISE.—Each member of the Com20 mittee shall have particular expertise, knowledge, and 

21 experience in matters relating to the function of the 

22 Committee. 

23 ‘‘(3) REPRESENTATION.—Members of the Com24 mittee shall be appointed as follows: 
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1 ‘‘(A) 10 members shall represent the com2 mercial fishing industry and— 

3 ‘‘(i) as a group, shall together reflect a 

4 regional and representational balance; and 

5 ‘‘(ii) as individuals, shall each have ex6 perience— 

7 ‘‘(I) in the operation of vessels to 

8 which chapter 45 of this title applies; 

9 or 

10 ‘‘(II) as a crew member or proc11 essing line worker on a fish processing 

12 vessel. 

13 ‘‘(B) 1 member shall represent naval archi14 tects and marine engineers. 

15 ‘‘(C) 1 member shall represent manufactur16 ers of equipment for vessels to which chapter 45 

17 of this title applies. 

18 ‘‘(D) 1 member shall represent education 

19 and training professionals related to fishing ves20 sel, fish processing vessel, and fish tender vessel 

21 safety and personnel qualifications. 

22 ‘‘(E) 1 member shall represent underwriters 

23 that insure vessels to which chapter 45 of this 

24 title applies. 
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1 ‘‘(F) 1 member shall represent owners of 

2 vessels to which chapter 45 of this title applies. 

3 ‘‘(G) 3 members shall represent the general 

4 public and, to the extent possible, shall include— 

5 ‘‘(i) an independent expert or consult6 ant in maritime safety; 

7 ‘‘(ii) a marine surveyor who provides 

8 services to vessels to which chapter 45 of 

9 this title applies; and 

10 ‘‘(iii) a person familiar with issues af11 fecting fishing communities and the families 

12 of fishermen. 

13 ‘‘§ 15103. National Merchant Marine Personnel Advi14 sory Committee 

15 ‘‘(a) ESTABLISHMENT.—There is established a Na16 tional Merchant Marine Personnel Advisory Committee (in 

17 this section referred to as the ‘Committee’). 

18 ‘‘(b) FUNCTION.—The Committee shall advise the Sec19 retary on matters relating to personnel in the United States 

20 merchant marine, including the training, qualifications, 

21 certification, documentation, and fitness of mariners. 

22 ‘‘(c) MEMBERSHIP.— 

23 ‘‘(1) IN GENERAL.—The Committee shall consist 

24 of 19 members appointed by the Secretary in accord-
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1 ance with this section and section 15109 of this chap2 ter. 

3 ‘‘(2) EXPERTISE.—Each member of the Com4 mittee shall have particular expertise, knowledge, and 

5 experience in matters relating to the function of the 

6 Committee. 

7 ‘‘(3) REPRESENTATION.—Members of the Com8 mittee shall be appointed as follows: 

9 ‘‘(A) 9 members shall represent mariners 

10 and, of the 9— 

11 ‘‘(i) each shall— 

12 ‘‘(I) be a citizen of the United 

13 States; and 

14 ‘‘(II) hold an active license or cer15 tificate issued under chapter 71 of this 

16 title or a merchant mariner document 

17 issued under chapter 73 of this title; 

18 ‘‘(ii) 3 shall be deck officers who rep19 resent merchant marine deck officers and, of 

20 the 3— 

21 ‘‘(I) 2 shall be licensed for oceans 

22 any gross tons; 

23 ‘‘(II) 1 shall be licensed for inland 

24 river route with a limited or unlimited 

25 tonnage; 
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1 ‘‘(III) 2 shall have a master’s li2 cense or a master of towing vessels li3 cense; 

4 ‘‘(IV) 1 shall have significant 

5 tanker experience; and 

6 ‘‘(V) to the extent practicable— 

7 ‘‘(aa) 1 shall represent labor; 

8 and 

9 ‘‘(bb) 1 shall represent man10 agement; 

11 ‘‘(iii) 3 shall be engineering officers 

12 who represent merchant marine engineering 

13 officers and, of the 3— 

14 ‘‘(I) 2 shall be licensed as chief 

15 engineer any horsepower; 

16 ‘‘(II) 1 shall be licensed as either 

17 a limited chief engineer or a des18 ignated duty engineer; and 

19 ‘‘(III) to the extent practicable— 

20 ‘‘(aa) 1 shall represent labor; 

21 and 

22 ‘‘(bb) 1 shall represent man23 agement; 
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1 ‘‘(iv) 2 shall be unlicensed seamen who 

2 represent merchant marine unlicensed sea3 man and, of the 2— 

4 ‘‘(I) 1 shall represent able-bodied 

5 seamen; and 

6 ‘‘(II) 1 shall represent qualified 

7 members of the engine department; and 

8 ‘‘(v) 1 shall be a pilot who represents 

9 merchant marine pilots. 

10 ‘‘(B) 6 members shall represent marine edu11 cators and, of the 6— 

12 ‘‘(i) 3 shall be marine educators who 

13 represent maritime academies and, of the 

14 3— 

15 ‘‘(I) 2 shall represent State mari16 time academies (and are jointly rec17 ommended by such academies); and 

18 ‘‘(II) 1 shall represent either State 

19 maritime academies or the United 

20 States Merchant Marine Academy; and 

21 ‘‘(ii) 3 shall be marine educators who 

22 represent other maritime training institu23 tions and, of the 3, 1 shall represent the 

24 small vessel industry. 
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1 ‘‘(C) 2 members shall represent shipping 

2 companies employed in ship operation manage3 ment. 

4 ‘‘(D) 2 members shall represent the general 

5 public. 

6 ‘‘§ 15104. National Merchant Mariner Medical Advi7 sory Committee 

8 ‘‘(a) ESTABLISHMENT.—There is established a Na9 tional Merchant Mariner Medical Advisory Committee (in 

10 this section referred to as the ‘Committee’). 

11 ‘‘(b) FUNCTION.—The Committee shall advise the Sec12 retary on matters relating to— 

13 ‘‘(1) medical certification determinations for the 

14 issuance of licenses, certification of registry, and mer15 chant mariners’ documents with respect to merchant 

16 mariners; 

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

18 physical qualifications of operators of commercial ves19 sels; 

20 ‘‘(3) medical examiner education; and 

21 ‘‘(4) medical research. 

22 ‘‘(c) MEMBERSHIP.— 

23 ‘‘(1) IN GENERAL.—The Committee shall consist 

24 of 14 members appointed by the Secretary in accord-
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1 ance with this section and section 15109 of this chap2 ter. 

3 ‘‘(2) EXPERTISE.—Each member of the Com4 mittee shall have particular expertise, knowledge, and 

5 experience in matters relating to the function of the 

6 Committee. 

7 ‘‘(3) REPRESENTATION.—Members of the Com8 mittee shall be appointed as follows: 

9 ‘‘(A) 9 shall represent health-care profes10 sionals and have particular expertise, knowledge, 

11 and experience regarding the medical examina12 tions of merchant mariners or occupational med13 icine. 

14 ‘‘(B) 5 shall represent professional mariners 

15 and have particular expertise, knowledge, and 

16 experience in occupational requirements for 

17 mariners. 

18 ‘‘§ 15105. National Boating Safety Advisory Committee 

19 ‘‘(a) ESTABLISHMENT.—There is established a Na20 tional Boating Safety Advisory Committee (in this section 

21 referred to as the ‘Committee’). 

22 ‘‘(b) FUNCTION.—The Committee shall advise the Sec23 retary on matters relating to national boating safety. 

24 ‘‘(c) MEMBERSHIP.— 
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1 ‘‘(1) IN GENERAL.—The Committee shall consist 

2 of 21 members appointed by the Secretary in accord3 ance with this section and section 15109 of this chap4 ter. 

5 ‘‘(2) EXPERTISE.—Each member of the Com6 mittee shall have particular expertise, knowledge, and 

7 experience in matters relating to the function of the 

8 Committee. 

9 ‘‘(3) REPRESENTATION.—Members of the Com10 mittee shall be appointed as follows: 

11 ‘‘(A) 7 members shall represent State offi12 cials responsible for State boating safety pro13 grams. 

14 ‘‘(B) 7 members shall represent recreational 

15 vessel and associated equipment manufacturers. 

16 ‘‘(C) 7 members shall represent the general 

17 public or national recreational boating organiza18 tions and, of the 7, at least 5 shall represent na19 tional recreational boating organizations. 

20 ‘‘§ 15106. National Offshore Safety Advisory Com21 mittee 

22 ‘‘(a) ESTABLISHMENT.—There is established a Na23 tional Offshore Safety Advisory Committee (in this section 

24 referred to as the ‘Committee’). 
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1 ‘‘(b) FUNCTION.—The Committee shall advise the Sec2 retary on matters relating to activities directly involved 

3 with, or in support of, the exploration of offshore mineral 

4 and energy resources, to the extent that such matters are 

5 within the jurisdiction of the Coast Guard. 

6 ‘‘(c) MEMBERSHIP.— 

7 ‘‘(1) IN GENERAL.—The Committee shall consist 

8 of 15 members appointed by the Secretary in accord9 ance with this section and section 15109 of this chap10 ter. 

11 ‘‘(2) EXPERTISE.—Each member of the Com12 mittee shall have particular expertise, knowledge, and 

13 experience in matters relating to the function of the 

14 Committee. 

15 ‘‘(3) REPRESENTATION.—Members of the Com16 mittee shall be appointed as follows: 

17 ‘‘(A) 2 members shall represent entities en18 gaged in the production of petroleum. 

19 ‘‘(B) 2 members shall represent entities en20 gaged in offshore drilling. 

21 ‘‘(C) 2 members shall represent entities en22 gaged in the support, by offshore supply vessels 

23 or other vessels, of offshore mineral and oil oper24 ations, including geophysical services. 
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1 ‘‘(D) 1 member shall represent entities en2 gaged in the construction of offshore exploration 

3 and recovery facilities. 

4 ‘‘(E) 1 member shall represent entities en5 gaged in diving services related to offshore con6 struction, inspection, and maintenance. 

7 ‘‘(F) 1 member shall represent entities en8 gaged in safety and training services related to 

9 offshore exploration and construction. 

10 ‘‘(G) 1 member shall represent entities en11 gaged in pipelaying services related to offshore 

12 construction. 

13 ‘‘(H) 2 members shall represent individuals 

14 employed in offshore operations and, of the 2, 1 

15 shall have recent practical experience on a vessel 

16 or offshore unit involved in the offshore mineral 

17 and energy industry. 

18 ‘‘(I) 1 member shall represent national en19 vironmental entities. 

20 ‘‘(J) 1 member shall represent deepwater 

21 ports. 

22 ‘‘(K) 1 member shall represent the general 

23 public (but not a specific environmental group). 
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1 ‘‘§ 15107. National Navigation Safety Advisory Com2 mittee 

3 ‘‘(a) ESTABLISHMENT.—There is established a Na4 tional Navigation Safety Advisory Committee (in this sec5 tion referred to as the ‘Committee’). 

6 ‘‘(b) FUNCTION.—The Committee shall advise the Sec7 retary on matters relating to maritime collisions, 

8 rammings, and groundings, Inland Rules of the Road, 

9 International Rules of the Road, navigation regulations 

10 and equipment, routing measures, marine information, and 

11 aids to navigation systems. 

12 ‘‘(c) MEMBERSHIP.— 

13 ‘‘(1) IN GENERAL.—The Committee shall consist 

14 of not more than 21 members appointed by the Sec15 retary in accordance with this section and section 

16 15109 of this chapter. 

17 ‘‘(2) EXPERTISE.—Each member of the Com18 mittee shall have particular expertise, knowledge, and 

19 experience in matters relating to the function of the 

20 Committee. 

21 ‘‘(3) REPRESENTATION.—Each member of the 

22 Committee shall represent 1 of the following: 

23 ‘‘(A) Commercial vessel owners or operators. 

24 ‘‘(B) Professional mariners. 

25 ‘‘(C) Recreational boaters. 

26 ‘‘(D) The recreational boating industry. 
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1 ‘‘(E) State agencies responsible for vessel or 

2 port safety. 

3 ‘‘(F) The Maritime Law Association. 

4 ‘‘(4) DISTRIBUTION.—The Secretary shall, based 

5 on the needs of the Coast Guard, determine the num6 ber of members of the Committee who represent each 

7 entity specified in paragraph (3). Neither this para8 graph nor any other provision of law shall be con9 strued to require an equal distribution of members 

10 representing each entity specified in paragraph (3). 

11 ‘‘§ 15108. National Towing Safety Advisory Committee 

12 ‘‘(a) ESTABLISHMENT.—There is established a Na13 tional Towing Safety Advisory Committee (in this section 

14 referred to as the ‘Committee’). 

15 ‘‘(b) FUNCTION.—The Committee shall advise the Sec16 retary on matters relating to shallow-draft inland naviga17 tion, coastal waterway navigation, and towing safety. 

18 ‘‘(c) MEMBERSHIP.— 

19 ‘‘(1) IN GENERAL.—The Committee shall consist 

20 of 18 members appointed by the Secretary in accord21 ance with this section and section 15109 of this chap22 ter. 

23 ‘‘(2) EXPERTISE.—Each member of the Com24 mittee shall have particular expertise, knowledge, and 
179 

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1 experience in matters relating to the function of the 

2 Committee. 

3 ‘‘(3) REPRESENTATION.—Members of the Com4 mittee shall be appointed as follows: 

5 ‘‘(A) 7 members shall represent the barge 

6 and towing industry, reflecting a regional geo7 graphic balance. 

8 ‘‘(B) 1 member shall represent the offshore 

9 mineral and oil supply vessel industry. 

10 ‘‘(C) 1 member shall represent masters and 

11 pilots of towing vessels who hold active licenses 

12 and have experience on the Western Rivers and 

13 the Gulf Intracoastal Waterway. 

14 ‘‘(D) 1 member shall represent masters of 

15 towing vessels in offshore service who hold active 

16 licenses. 

17 ‘‘(E) 1 member shall represent masters of 

18 active ship-docking or harbor towing vessels. 

19 ‘‘(F) 1 member shall represent licensed and 

20 unlicensed towing vessel engineers with formal 

21 training and experience. 

22 ‘‘(G) 2 members shall represent port dis23 tricts, authorities, or terminal operators. 
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1 ‘‘(H) 2 members shall represent shippers 

2 and, of the 2, 1 shall be engaged in the shipment 

3 of oil or hazardous materials by barge. 

4 ‘‘(I) 2 members shall represent the general 

5 public. 

6 ‘‘§ 15109. Administration 

7 ‘‘(a) MEETINGS.—Each committee established under 

8 this chapter shall, at least once each year, meet at the call 

9 of the Secretary or a majority of the members of the com10 mittee. 

11 ‘‘(b) EMPLOYEE STATUS.—A member of a committee 

12 established under this chapter shall not be considered an 

13 employee of the Federal Government by reason of service 

14 on such committee, except for the purposes of the following: 

15 ‘‘(1) Chapter 81 of title 5. 

16 ‘‘(2) Chapter 171 of title 28 and any other Fed17 eral law relating to tort liability. 

18 ‘‘(c) COMPENSATION.—Notwithstanding subsection (b), 

19 a member of a committee established under this chapter, 

20 when actually engaged in the performance of the duties of 

21 such committee, may— 

22 ‘‘(1) receive compensation at a rate established 

23 by the Secretary, not to exceed the maximum daily 

24 rate payable under section 5376 of title 5; or 
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1 ‘‘(2) if not compensated in accordance with 

2 paragraph (1)— 

3 ‘‘(A) be reimbursed for actual and reason4 able expenses incurred in the performance of 

5 such duties; or 

6 ‘‘(B) be allowed travel expenses, including 

7 per diem in lieu of subsistence, as authorized by 

8 section 5703 of title 5. 

9 ‘‘(d) ACCEPTANCE OF VOLUNTEER SERVICES.—A 

10 member of a committee established under this chapter may 

11 serve on such committee on a voluntary basis without pay 

12 without regard to section 1342 of title 31 or any other law. 

13 ‘‘(e) STATUS OF MEMBERS.— 

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), with respect to a member of a committee 

16 established under this chapter whom the Secretary ap17 points to represent an entity or group— 

18 ‘‘(A) the member is authorized to represent 

19 the interests of the applicable entity or group; 

20 and 

21 ‘‘(B) requirements under Federal law that 

22 would interfere with such representation and 

23 that apply to a special Government employee (as 

24 defined in section 202(a) of title 18), including 

25 requirements relating to employee conduct, polit-
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1 ical activities, ethics, conflicts of interest, and 

2 corruption, do not apply to the member. 

3 ‘‘(2) EXCEPTION.—Notwithstanding subsection 

4 (b), a member of a committee established under this 

5 chapter shall be treated as a special Government em6 ployee for purposes of the committee service of the 

7 member if— 

8 ‘‘(A) the Secretary appointed the member to 

9 represent the general public; or 

10 ‘‘(B) the member, without regard to service 

11 on the committee, is a special Government em12 ployee. 

13 ‘‘(f) SERVICE ON COMMITTEE.— 

14 ‘‘(1) SOLICITATION OF NOMINATIONS.—Before 

15 appointing an individual as a member of a com16 mittee established under this chapter, the Secretary 

17 shall publish, in the Federal Register, a timely notice 

18 soliciting nominations for membership on such com19 mittee. 

20 ‘‘(2) APPOINTMENTS.— 

21 ‘‘(A) IN GENERAL.—After considering nomi22 nations received pursuant to a notice published 

23 under paragraph (1), the Secretary may, as nec24 essary, appoint a member to the applicable com25 mittee established under this chapter. 
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1 ‘‘(B) PROHIBITION.—The Secretary shall 

2 not seek, consider, or otherwise use information 

3 concerning the political affiliation of a nominee 

4 in making an appointment to any committee es5 tablished under this chapter. 

6 ‘‘(3) SERVICE AT PLEASURE OF THE SEC7 RETARY.— 

8 ‘‘(A) IN GENERAL.—Each member of a com9 mittee established under this chapter shall serve 

10 at the pleasure of the Secretary. 

11 ‘‘(B) EXCEPTION.—Notwithstanding sub12 paragraph (A), a member of the committee estab13 lished under section 15102 may only be removed 

14 prior to the end of the term of that member for 

15 just cause. 

16 ‘‘(4) SECURITY BACKGROUND EXAMINATIONS.— 

17 The Secretary may require an individual to have 

18 passed an appropriate security background examina19 tion before appointment to a committee established 

20 under this chapter. 

21 ‘‘(5) PROHIBITION.— 

22 ‘‘(A) IN GENERAL.—Except as provided in 

23 subparagraph (B), a Federal employee may not 

24 be appointed as a member of a committee estab25 lished under this chapter. 
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1 ‘‘(B) SPECIAL RULE FOR NATIONAL MER2 CHANT MARINE PERSONNEL ADVISORY COM3 MITTEE.—The Secretary may appoint a Federal 

4 employee to serve as a member of the National 

5 Merchant Marine Personnel Advisory Committee 

6 to represent the interests of the United States 

7 Merchant Marine Academy and, notwithstanding 

8 paragraphs (1) and (2), may do so without solic9 iting, receiving, or considering nominations for 

10 such appointment. 

11 ‘‘(6) TERMS.— 

12 ‘‘(A) IN GENERAL.—The term of each mem13 ber of a committee established under this chapter 

14 shall expire on December 31 of the third full year 

15 after the effective date of the appointment. 

16 ‘‘(B) CONTINUED SERVICE AFTER TERM.— 

17 When the term of a member of a committee es18 tablished under this chapter ends, the member, 

19 for a period not to exceed 1 year, may continue 

20 to serve as a member until a successor is ap21 pointed. 

22 ‘‘(7) VACANCIES.—A vacancy on a committee es23 tablished under this chapter shall be filled in the same 

24 manner as the original appointment. 
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1 ‘‘(8) SPECIAL RULE FOR REAPPOINTMENTS.— 

2 Notwithstanding paragraphs (1) and (2), the Sec3 retary may reappoint a member of a committee estab4 lished under this chapter for any term, other than the 

5 first term of the member, without soliciting, receiving, 

6 or considering nominations for such appointment. 

7 ‘‘(g) STAFF SERVICES.—The Secretary shall furnish to 

8 each committee established under this chapter any staff and 

9 services considered by the Secretary to be necessary for the 

10 conduct of the committee’s functions. 

11 ‘‘(h) CHAIRMAN; VICE CHAIRMAN.— 

12 ‘‘(1) IN GENERAL.—Each committee established 

13 under this chapter shall elect a Chairman and Vice 

14 Chairman from among the committee’s members. 

15 ‘‘(2) VICE CHAIRMAN ACTING AS CHAIRMAN.— 

16 The Vice Chairman shall act as Chairman in the ab17 sence or incapacity of, or in the event of a vacancy 

18 in the office of, the Chairman. 

19 ‘‘(i) SUBCOMMITTEES AND WORKING GROUPS.— 

20 ‘‘(1) IN GENERAL.—The Chairman of a com21 mittee established under this chapter may establish 

22 and disestablish subcommittees and working groups 

23 for any purpose consistent with the function of the 

24 committee. 
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1 ‘‘(2) PARTICIPANTS.—Subject to conditions im2 posed by the Chairman, members of a committee es3 tablished under this chapter and additional persons 

4 drawn from entities or groups designated by this 

5 chapter to be represented on the committee or the gen6 eral public may be assigned to subcommittees and 

7 working groups established under paragraph (1). 

8 ‘‘(3) CHAIR.—Only committee members may 

9 chair subcommittees and working groups established 

10 under paragraph (1). 

11 ‘‘(j) CONSULTATION, ADVICE, REPORTS, AND REC12 OMMENDATIONS.— 

13 ‘‘(1) CONSULTATION.— 

14 ‘‘(A) IN GENERAL.—Before taking any sig15 nificant action, the Secretary shall consult with, 

16 and consider the information, advice, and rec17 ommendations of, a committee established under 

18 this chapter if the function of the committee is 

19 to advise the Secretary on matters related to the 

20 significant action. 

21 ‘‘(B) INCLUSION.—For purposes of this 

22 paragraph, regulations proposed under chapter 

23 45 of this title are significant actions. 

24 ‘‘(2) ADVICE, REPORTS, AND RECOMMENDA25 TIONS.—Each committee established under this chap-
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†S 140 EAS 

1 ter shall submit, in writing, to the Secretary its ad2 vice, reports, and recommendations, in a form and at 

3 a frequency determined appropriate by the committee. 

4 ‘‘(3) EXPLANATION OF ACTIONS TAKEN.—Not 

5 later than 60 days after the date on which the Sec6 retary receives recommendations from a committee 

7 under paragraph (2), the Secretary shall— 

8 ‘‘(A) publish the recommendations on a 

9 website accessible at no charge to the public; 

10 ‘‘(B) if the recommendations are from the 

11 committee established under section 15102, estab12 lish a mechanism for the submission of public 

13 comments on the recommendations; and 

14 ‘‘(C) respond, in writing, to the committee 

15 regarding the recommendations, including by 

16 providing an explanation of actions taken re17 garding the recommendations. 

18 ‘‘(4) SUBMISSION TO CONGRESS.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall 

20 submit to the Committee on Transportation and 

21 Infrastructure of the House of Representatives 

22 and the Committee on Commerce, Science, and 

23 Transportation of the Senate the advice, reports, 

24 and recommendations received from committees 

25 under paragraph (2). 
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1 ‘‘(B) ADDITIONAL SUBMISSION.—With re2 spect to a committee established under section 

3 70112 and to which this section applies, the Sec4 retary shall submit the advice, reports, and rec5 ommendations received from the committee under 

6 paragraph (2) to the Committee on Homeland 

7 Security of the House of Representatives in addi8 tion to the committees specified in subparagraph 

9 (A). 

10 ‘‘(k) OBSERVERS.—Any Federal agency with matters 

11 under such agency’s administrative jurisdiction related to 

12 the function of a committee established under this chapter 

13 may designate a representative to— 

14 ‘‘(1) attend any meeting of such committee; and 

15 ‘‘(2) participate as an observer at meetings of 

16 such committee that relate to such a matter. 

17 ‘‘(l) TERMINATION.—Each committee established 

18 under this chapter shall terminate on September 30, 2027.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for subtitle 

20 II of title 46, United States Code, is amended by inserting 

21 after the item relating to chapter 147 the following: 

‘‘Part K–National Maritime Transportation Advisory Committees 

‘‘151. National Maritime Transportation Advisory Committees ..............................................................................15101’’. 

22 (c) CONFORMING AMENDMENTS.— 
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1 (1) COMMERCIAL FISHING SAFETY ADVISORY

2 COMMITTEE.—Section 4508 of title 46, United States 

3 Code, and the item relating to that section in the 

4 analysis for chapter 45 of that title, are repealed. 

5 (2) MERCHANT MARINER MEDICAL ADVISORY

6 COMMITTEE.—Section 7115 of title 46, United States 

7 Code, and the item relating to that section in the 

8 analysis for chapter 71 of that title, are repealed. 

9 (3) MERCHANT MARINE PERSONNEL ADVISORY

10 COMMITTEE.— 

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

12 United States Code, and the item relating to that 

13 section in the analysis for chapter 81 of that 

14 title, are repealed. 

15 (B) CONFORMING AMENDMENT.—Section 

16 7510(c)(1)(C) of title 46, United States Code, is 

17 amended by inserting ‘‘National’’ before ‘‘Mer18 chant Marine’’. 

19 (4) NATIONAL BOATING SAFETY ADVISORY COUN20 CIL.— 

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

22 United States Code, and the item relating to that 

23 section in the analysis for chapter 131 of that 

24 title, are repealed. 

25 (B) CONFORMING AMENDMENTS.— 
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†S 140 EAS 

1 (i) REGULATIONS.—Section 4302(c)(4) 

2 of title 46, United States Code, is amended 

3 by striking ‘‘Council established under sec4 tion 13110 of this title’’ and inserting 

5 ‘‘Committee established under section 15105 

6 of this title’’. 

7 (ii) REPAIR AND REPLACEMENT OF DE8 FECTS.—Section 4310(f) of title 46, United 

9 States Code, is amended by striking ‘‘Advi10 sory Council’’ and inserting ‘‘Advisory 

11 Committee’’. 

12 (5) NAVIGATION SAFETY ADVISORY COUNCIL.— 

13 Section 5 of the Inland Navigational Rules Act of 

14 1980 (33 U.S.C. 2073) is repealed. 

15 (6) TOWING SAFETY ADVISORY COMMITTEE.— 

16 (A) REPEAL.—Public Law 96–380 (33 

17 U.S.C. 1231a) is repealed. 

18 (B) CONFORMING AMENDMENTS.— 

19 (i) REDUCTION OF OIL SPILLS FROM

20 SINGLE HULL NON-SELF-PROPELLED TANK

21 VESSELS.—Section 3719 of title 46, United 

22 States Code, is amended by inserting ‘‘Na23 tional’’ before ‘‘Towing Safety’’. 

24 (ii) SAFETY EQUIPMENT.—Section 

25 4102(f)(1) of title 46, United States Code, is 
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1 amended by inserting ‘‘National’’ before 

2 ‘‘Towing Safety’’. 

3 (d) TREATMENT OF EXISTING COUNCILS AND COMMIT4 TEES.—Notwithstanding any other provision of law— 

5 (1) an advisory council or committee substan6 tially similar to an advisory committee established 

7 under chapter 151 of title 46, United States Code, as 

8 added by this Act, and that was in force or in effect 

9 on the day before the date of enactment of this section, 

10 including a council or committee the authority for 

11 which was repealed under subsection (c), may remain 

12 in force or in effect for a period of 2 years from the 

13 date of enactment of this section, including that the 

14 charter, membership, and other aspects of the council 

15 or committee may remain in force or in effect; and 

16 (2) during the 2-year period referenced in para17 graph (1)— 

18 (A) requirements relating to the applicable 

19 advisory committee established under chapter 

20 151 of title 46, United States Code, shall be 

21 treated as satisfied by the substantially similar 

22 advisory council or committee; and 

23 (B) the enactment of this section, including 

24 the amendments made in this section, shall not 

25 be the basis— 
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1 (i) to deem, find, or declare such coun2 cil or committee, including the charter, 

3 membership, and other aspects thereof, void, 

4 not in force, or not in effect; 

5 (ii) to suspend the activities of such 

6 council or committee; or 

7 (iii) to bar the members of such council 

8 or committee from meeting. 

9 SEC. 602. MARITIME SECURITY ADVISORY COMMITTEES. 

10 (a) IN GENERAL.—Section 70112 of title 46, United 

11 States Code, is amended to read as follows: 

12 ‘‘§ 70112. Maritime Security Advisory Committees 

13 ‘‘(a) NATIONAL MARITIME SECURITY ADVISORY COM14 MITTEE.— 

15 ‘‘(1) ESTABLISHMENT.—There is established a 

16 National Maritime Security Advisory Committee (in 

17 this subsection referred to as the ‘Committee’). 

18 ‘‘(2) FUNCTION.—The Committee shall advise the 

19 Secretary on matters relating to national maritime 

20 security, including on enhancing the sharing of infor21 mation related to cybersecurity risks that may cause 

22 a transportation security incident, between relevant 

23 Federal agencies and— 

24 ‘‘(A) State, local, and tribal governments; 
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1 ‘‘(B) relevant public safety and emergency 

2 response agencies; 

3 ‘‘(C) relevant law enforcement and security 

4 organizations; 

5 ‘‘(D) maritime industry; 

6 ‘‘(E) port owners and operators; and 

7 ‘‘(F) terminal owners and operators. 

8 ‘‘(3) MEMBERSHIP.— 

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

10 consist of at least 8 members, but not more than 

11 21 members, appointed by the Secretary in ac12 cordance with this subsection and section 15109 

13 of this title. 

14 ‘‘(B) EXPERTISE.—Each member of the 

15 Committee shall have particular expertise, 

16 knowledge, and experience in matters relating to 

17 the function of the Committee. 

18 ‘‘(C) REPRESENTATION.—Each of the fol19 lowing shall be represented by at least 1 member 

20 of the Committee: 

21 ‘‘(i) Port authorities. 

22 ‘‘(ii) Facilities owners and operators. 

23 ‘‘(iii) Terminal owners and operators. 

24 ‘‘(iv) Vessel owners and operators. 

25 ‘‘(v) Maritime labor organizations. 
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1 ‘‘(vi) The academic community. 

2 ‘‘(vii) State and local governments. 

3 ‘‘(viii) The maritime industry. 

4 ‘‘(D) DISTRIBUTION.—If the Committee 

5 consists of at least 8 members who, together, sat6 isfy the minimum representation requirements of 

7 subparagraph (C), the Secretary shall, based on 

8 the needs of the Coast Guard, determine the 

9 number of additional members of the Committee 

10 who represent each entity specified in that sub11 paragraph. Neither this subparagraph nor any 

12 other provision of law shall be construed to re13 quire an equal distribution of members rep14 resenting each entity specified in subparagraph 

15 (C). 

16 ‘‘(4) ADMINISTRATION.—For purposes of section 

17 15109 of this title, the Committee shall be treated as 

18 a committee established under chapter 151 of such 

19 title. 

20 ‘‘(b) AREA MARITIME SECURITY ADVISORY COMMIT21 TEES.— 

22 ‘‘(1) IN GENERAL.— 

23 ‘‘(A) ESTABLISHMENT.—The Secretary 

24 may— 
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1 ‘‘(i) establish an Area Maritime Secu2 rity Advisory Committee for any port area 

3 of the United States; and 

4 ‘‘(ii) request such a committee to re5 view the proposed Area Maritime Transpor6 tation Security Plan developed under sec7 tion 70103(b) and make recommendations 

8 to the Secretary that the committee con9 siders appropriate. 

10 ‘‘(B) ADDITIONAL FUNCTIONS AND MEET11 INGS.—A committee established under this sub12 section for an area— 

13 ‘‘(i) may advise, consult with, report 

14 to, and make recommendations to the Sec15 retary on matters relating to maritime se16 curity in that area; 

17 ‘‘(ii) may make available to the Con18 gress recommendations that the committee 

19 makes to the Secretary; and 

20 ‘‘(iii) shall meet at the call of— 

21 ‘‘(I) the Secretary, who shall call 

22 such a meeting at least once during 

23 each calendar year; or 

24 ‘‘(II) a majority of the committee. 

25 ‘‘(2) MEMBERSHIP.— 
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1 ‘‘(A) IN GENERAL.—Each committee estab2 lished under this subsection shall consist of at 

3 least 7 members appointed by the Secretary, each 

4 of whom has at least 5 years practical experience 

5 in maritime security operations. 

6 ‘‘(B) TERMS.—The term of each member of 

7 a committee established under this subsection 

8 shall be for a period of not more than 5 years, 

9 specified by the Secretary. 

10 ‘‘(C) NOTICE.—Before appointing an indi11 vidual to a position on a committee established 

12 under this subsection, the Secretary shall publish 

13 a notice in the Federal Register soliciting nomi14 nations for membership on the committee. 

15 ‘‘(D) BACKGROUND EXAMINATIONS.—The 

16 Secretary may require an individual to have 

17 passed an appropriate security background ex18 amination before appointment to a committee es19 tablished under this subsection. 

20 ‘‘(E) REPRESENTATION.—Each committee 

21 established under this subsection shall be com22 posed of individuals who represent the interests 

23 of the port industry, terminal operators, port 

24 labor organizations, and other users of the port 

25 areas. 
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†S 140 EAS 

1 ‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.— 

2 ‘‘(A) IN GENERAL.—Each committee estab3 lished under this subsection shall elect 1 of the 

4 committee’s members as the Chairperson and 1 

5 of the committee’s members as the Vice Chair6 person. 

7 ‘‘(B) VICE CHAIRPERSON ACTING AS CHAIR8 PERSON.—The Vice Chairperson shall act as 

9 Chairperson in the absence or incapacity of the 

10 Chairperson, or in the event of a vacancy in the 

11 office of the Chairperson. 

12 ‘‘(4) OBSERVERS.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall, 

14 and the head of any other interested Federal 

15 agency may, designate a representative to par16 ticipate as an observer with a committee estab17 lished under this subsection. 

18 ‘‘(B) ROLE.—The Secretary’s designated 

19 representative to a committee established under 

20 this subsection shall act as the executive sec21 retary of the committee and shall perform the 

22 duties set forth in section 10(c) of the Federal 

23 Advisory Committee Act (5 U.S.C. App.). 

24 ‘‘(5) CONSIDERATION OF VIEWS.—The Secretary 

25 shall consider the information, advice, and rec-
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1 ommendations of each committee established under 

2 this subsection in formulating policy regarding mat3 ters affecting maritime security. 

4 ‘‘(6) COMPENSATION AND EXPENSES.— 

5 ‘‘(A) IN GENERAL.—A member of a com6 mittee established under this subsection, when at7 tending meetings of the committee or when other8 wise engaged in the business of the committee, is 

9 entitled to receive— 

10 ‘‘(i) compensation at a rate fixed by 

11 the Secretary, not exceeding the daily equiv12 alent of the current rate of basic pay in ef13 fect for GS–15 of the General Schedule 

14 under section 5332 of title 5 including trav15 el time; and 

16 ‘‘(ii) travel or transportation expenses 

17 under section 5703 of title 5. 

18 ‘‘(B) STATUS.—A member of a committee 

19 established under this subsection shall not be con20 sidered to be an officer or employee of the United 

21 States for any purpose based on the receipt of 

22 any payment under this paragraph. 

23 ‘‘(7) FACA.—The Federal Advisory Committee 

24 Act (5 U.S.C. App.) does not apply to a committee 

25 established under this subsection.’’. 
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1 (b) TREATMENT OF EXISTING COMMITTEE.—Notwith2 standing any other provision of law— 

3 (1) an advisory committee substantially similar 

4 to the National Maritime Security Advisory Com5 mittee established under section 70112(a) of title 46, 

6 United States Code, as amended by this section, and 

7 that was in force or in effect on the day before the 

8 date of enactment of this section, may remain in force 

9 or in effect for a period of 2 years from the date of 

10 enactment of this section, including that the charter, 

11 membership, and other aspects of the committee may 

12 remain in force or in effect; and 

13 (2) during the 2-year period referenced in para14 graph (1)— 

15 (A) requirements relating to the National 

16 Maritime Security Advisory Committee estab17 lished under section 70112(a) of title 46, United 

18 States Code, as amended by this section, shall be 

19 treated as satisfied by the substantially similar 

20 advisory committee; and 

21 (B) the enactment of this section, including 

22 the amendments made in this section, shall not 

23 be the basis— 

24 (i) to deem, find, or declare such com25 mittee, including the charter, membership, 
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1 and other aspects thereof, void, not in force, 

2 or not in effect; 

3 (ii) to suspend the activities of such 

4 committee; or 

5 (iii) to bar the members of such com6 mittee from meeting. 

7 TITLE VII—FEDERAL MARITIME 

8 COMMISSION 

9 SEC. 701. SHORT TITLE. 

10 This title may be cited as the ‘‘Federal Maritime Com11 mission Authorization Act of 2017’’. 

12 SEC. 702. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 308 of title 46, United States Code, is amended 

14 by striking ‘‘$24,700,000 for each of fiscal years 2016 and 

15 2017’’ and inserting ‘‘$28,012,310 for fiscal year 2018 and 

16 $28,544,543 for fiscal year 2019’’. 

17 SEC. 703. REPORTING ON IMPACT OF ALLIANCES ON COM18 PETITION. 

19 Section 306 of title 46, United States Code, is amend20 ed— 

21 (1) in subsection (b)— 

22 (A) in paragraph (4), by striking ‘‘; and’’ 

23 and inserting a semicolon; 

24 (B) in paragraph (5), by striking the period 

25 at the end and inserting ‘‘; and’’; and 
201 

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

2 ‘‘(6) an analysis of the impacts on competition 

3 for the purchase of certain covered services by alli4 ances of ocean common carriers acting pursuant to 

5 an agreement under this part between or among 

6 ocean common carriers, including a summary of ac7 tions, including corrective actions, taken by the Com8 mission to promote such competition.’’; and 

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

10 ‘‘(c) DEFINITION OF CERTAIN COVERED SERVICES.— 

11 In this section, the term ‘certain covered services’ has the 

12 meaning given the term in section 40102.’’. 

13 SEC. 704. DEFINITION OF CERTAIN COVERED SERVICES. 

14 Section 40102 of title 46, United States Code, is 

15 amended— 

16 (1) by redesignating paragraphs (5) through (25) 

17 as paragraphs (6) through (26), respectively; and 

18 (2) by inserting after paragraph (4), the fol19 lowing: 

20 ‘‘(5) CERTAIN COVERED SERVICES.—For pur21 poses of sections 41105 and 41307, the term ‘certain 

22 covered services’ means, with respect to a vessel— 

23 ‘‘(A) the berthing or bunkering of the vessel; 
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1 ‘‘(B) the loading or unloading of cargo to or 

2 from the vessel to or from a point on a wharf or 

3 terminal; 

4 ‘‘(C) the positioning, removal, or replace5 ment of buoys related to the movement of the ves6 sel; and 

7 ‘‘(D) with respect to injunctive relief under 

8 section 41307, towing vessel services provided to 

9 such a vessel.’’. 

10 SEC. 705. REPORTS FILED WITH THE COMMISSION. 

11 Section 40104(a) of title 46, United States Code, is 

12 amended to read as follows: 

13 ‘‘(a) REPORTS.— 

14 ‘‘(1) IN GENERAL.—The Federal Maritime Com15 mission may require a common carrier or marine ter16 minal operator, or an officer, receiver, trustee, lessee, 

17 agent, or employee of the common carrier or marine 

18 terminal operator to file with the Commission a peri19 odical or special report, an account, record, rate, or 

20 charge, or a memorandum of facts and transactions 

21 related to the business of the common carrier or ma22 rine terminal operator, as applicable. 

23 ‘‘(2) REQUIREMENTS.—Any report, account, 

24 record, rate, charge, or memorandum required to be 

25 filed under paragraph (1) shall— 
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1 ‘‘(A) be made under oath if the Commission 

2 requires; and 

3 ‘‘(B) be filed in the form and within the 

4 time prescribed by the Commission. 

5 ‘‘(3) LIMITATION.—The Commission shall— 

6 ‘‘(A) limit the scope of any filing ordered 

7 under this section to fulfill the objective of the 

8 order; and 

9 ‘‘(B) provide a reasonable period of time for 

10 respondents to respond based upon their capa11 bilities and the scope of the order.’’. 

12 SEC. 706. PUBLIC PARTICIPATION. 

13 (a) NOTICE OF FILING.—Section 40304(a) of title 46, 

14 United States Code, is amended to read as follows: 

15 ‘‘(a) NOTICE OF FILING.—Not later than 7 days after 

16 the date an agreement is filed, the Federal Maritime Com17 mission shall— 

18 ‘‘(1) transmit a notice of the filing to the Federal 

19 Register for publication; and 

20 ‘‘(2) request interested persons to submit relevant 

21 information and documents.’’. 

22 (b) REQUEST FOR INFORMATION AND DOCUMENTS.— 

23 Section 40304(d) of title 46, United States Code, is amend24 ed by striking ‘‘section’’ and inserting ‘‘part’’. 
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1 (c) SAVING CLAUSE.—Nothing in this section, or the 

2 amendments made by this section, may be construed— 

3 (1) to prevent the Federal Maritime Commission 

4 from requesting from a person, at any time, any ad5 ditional information or documents the Commission 

6 considers necessary to carry out chapter 403 of title 

7 46, United States Code; 

8 (2) to prescribe a specific deadline for the sub9 mission of relevant information and documents in re10 sponse to a request under section 40304(a)(2) of title 

11 46, United States Code; or 

12 (3) to limit the authority of the Commission to 

13 request information under section 40304(d) of title 

14 46, United States Code. 

15 SEC. 707. OCEAN TRANSPORTATION INTERMEDIARIES. 

16 (a) LICENSE REQUIREMENT.—Section 40901(a) of 

17 title 46, United States Code, is amended by inserting ‘‘ad18 vertise, hold oneself out, or’’ after ‘‘may not’’. 

19 (b) APPLICABILITY.—Section 40901 of title 46, United 

20 States Code, is amended by adding at the end the following: 

21 ‘‘(c) APPLICABILITY.—Subsection (a) and section 

22 40902 do not apply to a person that performs ocean trans23 portation intermediary services on behalf of an ocean trans24 portation intermediary for which it is a disclosed agent.’’. 
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1 (c) FINANCIAL RESPONSIBILITY.—Section 40902(a) of 

2 title 46, United States Code, is amended by inserting ‘‘ad3 vertise, hold oneself out, or’’ after ‘‘may not’’. 

4 SEC. 708. COMMON CARRIERS. 

5 (a) Section 41104 of title 46, United States Code, is 

6 amended— 

7 (1) in the matter preceding paragraph (1), by 

8 inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A common 

9 carrier’’; 

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

11 (A) by amending paragraph (11) to read as 

12 follows: 

13 ‘‘(11) knowingly and willfully accept cargo from 

14 or transport cargo for the account of a non-vessel-op15 erating common carrier that does not have a tariff as 

16 required by section 40501 of this title, or an ocean 

17 transportation intermediary that does not have a 

18 bond, insurance, or other surety as required by sec19 tion 40902 of this title;’’; 

20 (B) in paragraph (12), by striking the pe21 riod at the end and inserting ‘‘; or’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(13) continue to participate simultaneously in 

24 a rate discussion agreement and an agreement to 

25 share vessels, in the same trade, if the interplay of the 
206 

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1 authorities exercised by the specified agreements is 

2 likely, by a reduction in competition, to produce an 

3 unreasonable reduction in transportation service or 

4 an unreasonable increase in transportation cost.’’; 

5 and 

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

7 ‘‘(b) RULE OF CONSTRUCTION.—Notwithstanding any 

8 other provision of law, there is no private right of action 

9 to enforce the prohibition under subsection (a)(13). 

10 ‘‘(c) AGREEMENT VIOLATION.—Participants in an 

11 agreement found by the Commission to violate subsection 

12 (a)(13) shall have 90 days from the date of such Commis13 sion finding to withdraw from the agreement as necessary 

14 to comply with that subsection.’’. 

15 (b) APPLICATION.—Section 41104(a)(13) of title 46, 

16 United States Code, as amended, shall apply to any agree17 ment filed or with an effective date before, on, or after the 

18 date of enactment of this Act. 

19 SEC. 709. NEGOTIATIONS. 

20 (a) CONCERTED ACTION.—Section 41105 of title 46, 

21 United States Code, is amended— 

22 (1) by redesignating paragraphs (5) through (8) 

23 as paragraphs (7) through (10), respectively; and 

24 (2) by inserting after paragraph (4) the fol25 lowing: 
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1 ‘‘(5) negotiate with a tug or towing vessel service 

2 provider on any matter relating to rates or services 

3 provided within the United States by those tugs or 

4 towing vessels; 

5 ‘‘(6) with respect to a vessel operated by an 

6 ocean common carrier within the United States, nego7 tiate for the purchase of certain covered services, un8 less the negotiations and any resulting agreements are 

9 not in violation of the antitrust laws and are con10 sistent with the purposes of this part, except that this 

11 paragraph does not prohibit the setting and pub12 lishing of a joint through rate by a conference, joint 

13 venture, or association of ocean common carriers;’’. 

14 (b) AUTHORITY.—Chapter 411 of title 46, United 

15 States Code, is amended— 

16 (1) by inserting after section 41105 the fol17 lowing: 

18 ‘‘§ 41105A. Authority 

19 ‘‘Nothing in section 41105, as amended by the Federal 

20 Maritime Commission Authorization Act of 2017, shall be 

21 construed to limit the authority of the Department of Jus22 tice regarding antitrust matters.’’; and 

23 (2) in the analysis at the beginning of chapter 

24 411, by inserting after the item relating to section 

25 41105 the following: 

‘‘41105A. Authority.’’. 
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1 (c) EXEMPTION.—Section 40307(b)(1) of title 46, 

2 United States Code, is amended by inserting ‘‘tug opera3 tors,’’ after ‘‘motor carriers,’’. 

4 SEC. 710. INJUNCTIVE RELIEF SOUGHT BY THE COMMIS5 SION. 

6 (a) IN GENERAL.—Section 41307(b) of title 46, United 

7 States Code is amended— 

8 (1) in paragraph (1) by inserting ‘‘or to sub9 stantially lessen competition in the purchasing of cer10 tain covered services’’ after ‘‘transportation cost’’; and 

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

12 ‘‘(4) COMPETITION FACTORS.—In making a de13 termination under this subsection regarding whether 

14 an agreement is likely to substantially lessen competi15 tion in the purchasing of certain covered services, the 

16 Commission may consider any relevant competition 

17 factors in affected markets, including, without limita18 tion, the competitive effect of agreements other than 

19 the agreement under review.’’. 

20 (b) APPLICATION.—Section 41307(b) of title 46, 

21 United States Code, as amended, shall apply to any agree22 ment filed or with an effective date before, on, or after the 

23 date of enactment of this Act. 
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1 SEC. 711. DISCUSSIONS. 

2 (a) IN GENERAL.—Section 303 of title 46, United 

3 States Code, is amended to read as follows: 

4 ‘‘§ 303. Meetings 

5 ‘‘(a) IN GENERAL.—The Federal Maritime Commis6 sion shall be deemed to be an agency for purposes of section 

7 552b of title 5. 

8 ‘‘(b) RECORD.—The Commission, through its sec9 retary, shall keep a record of its meetings and the votes 

10 taken on any action, order, contract, or financial trans11 action of the Commission. 

12 ‘‘(c) NONPUBLIC COLLABORATIVE DISCUSSIONS.— 

13 ‘‘(1) IN GENERAL.—Notwithstanding section 

14 552b of title 5, a majority of the Commissioners may 

15 hold a meeting that is not open to public observation 

16 to discuss official agency business if— 

17 ‘‘(A) no formal or informal vote or other of18 ficial agency action is taken at the meeting; 

19 ‘‘(B) each individual present at the meeting 

20 is a Commissioner or an employee of the Com21 mission; 

22 ‘‘(C) at least 1 Commissioner from each po23 litical party is present at the meeting, if appli24 cable; and 

25 ‘‘(D) the General Counsel of the Commission 

26 is present at the meeting. 
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1 ‘‘(2) DISCLOSURE OF NONPUBLIC COLLABO2 RATIVE DISCUSSIONS.—Except as provided under 

3 paragraph (3), not later than 2 business days after 

4 the conclusion of a meeting under paragraph (1), the 

5 Commission shall make available to the public, in a 

6 place easily accessible to the public— 

7 ‘‘(A) a list of the individuals present at the 

8 meeting; and 

9 ‘‘(B) a summary of the matters discussed at 

10 the meeting, except for any matters the Commis11 sion properly determines may be withheld from 

12 the public under section 552b(c) of title 5. 

13 ‘‘(3) EXCEPTION.—If the Commission properly 

14 determines matters may be withheld from the public 

15 under section 555b(c) of title 5, the Commission shall 

16 provide a summary with as much general informa17 tion as possible on those matters withheld from the 

18 public. 

19 ‘‘(4) ONGOING PROCEEDINGS.—If a meeting 

20 under paragraph (1) directly relates to an ongoing 

21 proceeding before the Commission, the Commission 

22 shall make the disclosure under paragraph (2) on the 

23 date of the final Commission decision. 

24 ‘‘(5) PRESERVATION OF OPEN MEETINGS RE25 QUIREMENTS FOR AGENCY ACTION.—Nothing in this 
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1 subsection may be construed to limit the applicability 

2 of section 552b of title 5 with respect to a meeting of 

3 the Commissioners other than that described in this 

4 subsection. 

5 ‘‘(6) STATUTORY CONSTRUCTION.—Nothing in 

6 this subsection may be construed— 

7 ‘‘(A) to limit the applicability of section 

8 552b of title 5 with respect to any information 

9 which is proposed to be withheld from the public 

10 under paragraph (2)(B) of this subsection; or 

11 ‘‘(B) to authorize the Commission to with12 hold from any individual any record that is ac13 cessible to that individual under section 552a of 

14 title 5.’’. 

15 (b) TABLE OF CONTENTS.—The analysis at the begin16 ning of chapter 3 of title 46, United States Code, is amend17 ed by amending the item relating to section 303 to read 

18 as follows: 

‘‘303. Meetings.’’. 

19 SEC. 712. TRANSPARENCY. 

20 (a) IN GENERAL.—Beginning not later than 60 days 

21 after the date of enactment of this Act, the Federal Maritime 

22 Commission shall submit to the Committee on Commerce, 

23 Science, and Transportation of the Senate and the Com24 mittee on Transportation and Infrastructure of the House 

25 of Representatives biannual reports that describe the Com-
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1 mission’s progress toward addressing the issues raised in 

2 each unfinished regulatory proceeding, regardless of whether 

3 the proceeding is subject to a statutory or regulatory dead4 line. 

5 (b) FORMAT OF REPORTS.—Each report under sub6 section (a) shall, among other things, clearly identify for 

7 each unfinished regulatory proceeding— 

8 (1) the popular title; 

9 (2) the current stage of the proceeding; 

10 (3) an abstract of the proceeding; 

11 (4) what prompted the action in question; 

12 (5) any applicable statutory, regulatory, or judi13 cial deadline; 

14 (6) the associated docket number; 

15 (7) the date the rulemaking was initiated; 

16 (8) a date for the next action; and 

17 (9) if a date for next action identified in the pre18 vious report is not met, the reason for the delay. 

19 SEC. 713. STUDY OF BANKRUPTCY PREPARATION AND RE20 SPONSE. 

21 (a) STUDY.—The Comptroller General of the United 

22 States shall conduct a study that examines the immediate 

23 aftermath of a major ocean carrier bankruptcy and its im24 pact through the supply chain. The study shall consider any 
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1 financial mechanisms that could be used to mitigate the im2 pact of any future bankruptcy events on the supply chain. 

3 (b) REPORT.—No later than 1 year after the date of 

4 enactment of this Act, the Comptroller General of the United 

5 States shall submit to the Committee on Commerce, Science, 

6 and Transportation of the Senate and the Committee on 

7 Transportation and Infrastructure of the House of Rep8 resentatives a report containing the findings, conclusions, 

9 and recommendations, if any, from the study required 

10 under subsection (a). 

11 SEC. 714. AGREEMENTS UNAFFECTED. 

12 Nothing in this Act may be construed— 

13 (1) to limit or amend the definition of ‘‘agree14 ment’’ in section 40102(1) of title 46, United States 

15 Code, with respect to the exclusion of maritime labor 

16 agreements; or 

17 (2) to apply to a maritime labor agreement (as 

18 defined in section 40102(15) of that title). 

19 TITLE VIII—MISCELLANEOUS 

20 SEC. 801. REPEAL OF OBSOLETE REPORTING REQUIRE21 MENT. 

22 Subsection (h) of section 888 of the Homeland Security 

23 Act of 2002 (6 U.S.C. 468) is repealed. 
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1 SEC. 802. CORRECTIONS TO PROVISIONS ENACTED BY 

2 COAST GUARD AUTHORIZATION ACTS. 

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

4 Maritime Transportation Act of 2014 (Public Law 113– 

5 281; 128 Stat. 3061) is amended by inserting ‘‘and fishery 

6 endorsement’’ after ‘‘endorsement’’. 

7 SEC. 803. OFFICER EVALUATION REPORT. 

8 (a) IN GENERAL.—Not later than 3 years after the 

9 date of the enactment of this Act, the Commandant of the 

10 Coast Guard shall reduce lieutenant junior grade evalua11 tion reports to the same length as an ensign or place lieu12 tenant junior grade evaluations on an annual schedule. 

13 (b) SURVEYS.—Not later than 1 year after the date 

14 of the enactment of this Act, the Commandant of the Coast 

15 Guard shall conduct surveys of— 

16 (1) outgoing promotion board members and as17 signment officers to determine, at a minimum— 

18 (A) which sections of the officer evaluation 

19 report were most useful; 

20 (B) which sections of the officer evaluation 

21 report were least useful; 

22 (C) how to better reflect high performers; 

23 and 

24 (D) any recommendations for improving the 

25 officer evaluation report; and 
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1 (2) at least 10 percent of the officers from each 

2 grade of officers from O1 to O6 to determine how 

3 much time each member of the rating chain spends on 

4 that member’s portion of the officer evaluation report. 

5 (c) REVISIONS.— 

6 (1) IN GENERAL.—Not later than 4 years after 

7 the date of the completion of the surveys required by 

8 subsection (b), the Commandant of the Coast Guard 

9 shall revise the officer evaluation report, and provide 

10 corresponding directions, taking into account the re11 quirements under paragraph (2). 

12 (2) REQUIREMENTS.—In revising the officer 

13 evaluation report under paragraph (1), the Com14 mandant shall— 

15 (A) consider the findings of the surveys 

16 under subsection (b); 

17 (B) improve administrative efficiency; 

18 (C) reduce and streamline performance di19 mensions and narrative text; 

20 (D) eliminate redundancy with the officer 

21 specialty management system and any other 

22 record information systems that are used during 

23 the officer assignment or promotion process; 

24 (E) provide for fairness and equity for 

25 Coast Guard officers with regard to promotion 
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1 boards, selection panels, and the assignment 

2 process; and 

3 (F) ensure officer evaluation responsibilities 

4 can be accomplished within normal working 

5 hours— 

6 (i) to minimize any impact to officer 

7 duties; and 

8 (ii) to eliminate any need for an offi9 cer to take liberty or leave for administra10 tive purposes. 

11 (d) REPORT.— 

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

13 the date of the enactment of this Act, the Com14 mandant of the Coast Guard shall submit to the Com15 mittee on Commerce, Science, and Transportation of 

16 the Senate and the Committee on Transportation and 

17 Infrastructure of the House of Representatives a re18 port on the findings of the surveys under subsection 

19 (b). 

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

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

22 position, as applicable. 

23 SEC. 804. EXTENSION OF AUTHORITY. 

24 Section 404 of the Coast Guard Authorization Act of 

25 2010 (Public Law 111–281; 124 Stat. 2950) is amended— 
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1 (1) in subsection (a), in the text preceding para2 graph (1), by striking ‘‘sections 3304, 5333, and 

3 5753’’ and inserting ‘‘section 3304’’; and 

4 (2) by striking subsection (b), and redesignating 

5 subsection (c) as subsection (b). 

6 SEC. 805. COAST GUARD ROTC PROGRAM. 

7 Not later than 1 year after the date of enactment of 

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

9 to the Committee on Commerce, Science, and Transpor10 tation of the Senate and the Committee on Transportation 

11 and Infrastructure of the House of Representatives a report 

12 on the costs and benefits of creating a Coast Guard Reserve 

13 Officers’ Training Corps Program based on the other Armed 

14 Forces programs. 

15 SEC. 806. CURRENCY DETECTION CANINE TEAM PROGRAM. 

16 (a) DEFINITIONS.—In this section: 

17 (1) CANINE CURRENCY DETECTION TEAM.—The 

18 term ‘‘canine currency detection team’’ means a ca19 nine and a canine handler that are trained to detect 

20 currency. 

21 (2) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of the department in which the Coast 

23 Guard is operating. 

24 (b) ESTABLISHMENT.—Not later than 1 year after the 

25 date of enactment of this Act, the Secretary shall establish 
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1 a program to allow the use of canine currency detection 

2 teams for purposes of Coast Guard maritime law enforce3 ment, including underway vessel boardings. 

4 (c) OPERATION.—The Secretary may cooperate with, 

5 or enter into an agreement with, the head of another Fed6 eral agency to meet the requirements under subsection (b). 

7 SEC. 807. CENTER OF EXPERTISE FOR GREAT LAKES OIL 

8 SPILL SEARCH AND RESPONSE. 

9 (a) IN GENERAL.—Not later than 1 year after the date 

10 of enactment of this Act, the Commandant of the Coast 

11 Guard shall establish a Center of Expertise for Great Lakes 

12 Oil Spill Preparedness and Response (referred to in this 

13 section as the ‘‘Center of Expertise’’) in accordance with 

14 section 313 of title 14, United States Code, as amended by 

15 this Act. 

16 (b) LOCATION.—The Center of Expertise shall be lo17 cated in close proximity to— 

18 (1) critical crude oil transportation infrastruc19 ture on and connecting the Great Lakes, such as sub20 merged pipelines and high-traffic navigation locks; 

21 and 

22 (2) an institution of higher education with ade23 quate aquatic research laboratory facilities and capa24 bilities and expertise in Great Lakes aquatic ecology, 
219 

†S 140 EAS 

1 environmental chemistry, fish and wildlife, and water 

2 resources. 

3 (c) FUNCTIONS.—The Center of Expertise shall— 

4 (1) monitor and assess, on an ongoing basis, the 

5 current state of knowledge regarding freshwater oil 

6 spill response technologies and the behavior and effects 

7 of oil spills in the Great Lakes; 

8 (2) identify any significant gaps in Great Lakes 

9 oil spill research, including an assessment of major 

10 scientific or technological deficiencies in responses to 

11 past spills in the Great Lakes and other freshwater 

12 bodies, and seek to fill those gaps; 

13 (3) conduct research, development, testing, and 

14 evaluation for freshwater oil spill response equipment, 

15 technologies, and techniques to mitigate and respond 

16 to oil spills in the Great Lakes; 

17 (4) educate and train Federal, State, and local 

18 first responders located in Coast Guard District 9 

19 in— 

20 (A) the incident command system structure; 

21 (B) Great Lakes oil spill response tech22 niques and strategies; and 

23 (C) public affairs; and 

24 (5) work with academic and private sector re25 sponse training centers to develop and standardize 
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1 maritime oil spill response training and techniques 

2 for use on the Great Lakes. 

3 (d) DEFINITION.—In this section, the term ‘‘Great 

4 Lakes’’ means Lake Superior, Lake Michigan, Lake Huron, 

5 Lake Erie, and Lake Ontario. 

6 SEC. 808. PUBLIC SAFETY ANSWERING POINTS AND MARI7 TIME SEARCH AND RESCUE COORDINATION. 

8 Not later than 180 days after the date of the enactment 

9 of this Act— 

10 (1) the Secretary of the department in which the 

11 Coast Guard is operating acting through the Com12 mandant of the Coast Guard shall review Coast 

13 Guard policies and procedures for public safety an14 swering points and search-and-rescue coordination 

15 with State and local law enforcement entities in order 

16 to— 

17 (A) further minimize the possibility of mar18 itime 911 calls being improperly routed; and 

19 (B) assure the Coast Guard is able to effec20 tively carry out the Coast Guard’s maritime 

21 search and rescue mission; and 

22 (2) the Commandant shall— 

23 (A) formulate a national maritime public 

24 safety answering points policy; and 
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1 (B) submit a report to the Congress on such 

2 assessment and policy, which shall include an 

3 update to the report submitted in accordance 

4 with section 233 of the Howard Coble Coast 

5 Guard and Maritime Transportation Act of 

6 2014. 

7 SEC. 809. SHIP SHOAL LIGHTHOUSE TRANSFER: REPEAL. 

8 Effective January 1, 2021, section 27 of the Coast 

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

10 105 Stat. 2218) is repealed. 

11 SEC. 810. LAND EXCHANGE, AYAKULIK ISLAND, ALASKA. 

12 (a) LAND EXCHANGE; AYAKULIK ISLAND, ALASKA.— 

13 If the owner of Ayakulik Island, Alaska, offers to exchange 

14 the Island for the Tract— 

15 (1) within 10 days after receiving such offer, the 

16 Secretary shall provide notice of the offer to the Com17 mandant; 

18 (2) within 90 days after receiving the notice 

19 under paragraph (1), the Commandant shall develop 

20 and transmit to the Secretary proposed operational 

21 restrictions on commercial activity conducted on the 

22 Tract, including the right of the Commandant to— 

23 (A) order the immediate termination, for a 

24 period of up to 72 hours, of any activity occur-
222 

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1 ring on or from the Tract that violates or threat2 ens to violate one or more of such restrictions; or 

3 (B) commence a civil action for appropriate 

4 relief, including a permanent or temporary in5 junction enjoining the activity that violates or 

6 threatens to violate such restrictions; 

7 (3) within 90 days after receiving the proposed 

8 operational restrictions from the Commandant, the 

9 Secretary shall transmit such restrictions to the 

10 owner of Ayakulik Island; and 

11 (4) within 30 days after transmitting the pro12 posed operational restrictions to the owner of 

13 Ayakulik Island, and if the owner agrees to such re14 strictions, the Secretary shall convey all right, title, 

15 and interest of the United States in and to the Tract 

16 to the owner, subject to an easement granted to the 

17 Commandant to enforce such restrictions, in exchange 

18 for all right, title, and interest of such owner in and 

19 to Ayakulik Island. 

20 (b) BOUNDARY REVISIONS.—The Secretary may make 

21 technical and conforming revisions to the boundaries of the 

22 Tract before the date of the exchange. 

23 (c) PUBLIC LAND ORDER.—Effective on the date of an 

24 exchange under subsection (a), Public Land Order 5550 
223 

†S 140 EAS 

1 shall have no force or effect with respect to submerged lands 

2 that are part of the Tract. 

3 (d) FAILURE TO TIMELY RESPOND TO NOTICE.—If the 

4 Commandant does not transmit proposed operational re5 strictions to the Secretary within 30 days after receiving 

6 the notice under subsection (a)(1), the Secretary shall, by 

7 not later than 60 days after transmitting such notice, con8 vey all right, title, and interest of the United States in and 

9 to the Tract to the owner of Ayakulik Island in exchange 

10 for all right, title, and interest of such owner in and to 

11 Ayakulik Island. 

12 (e) CERCLA NOT AFFECTED.—This section and an 

13 exchange under this section shall not be construed to limit 

14 the application of or otherwise affect section 120(h) of the 

15 Comprehensive Environmental Response, Compensation, 

16 and Liability Act of 1980 (42 U.S.C. 9620(h)). 

17 (f) DEFINITIONS.—In this section: 

18 (1) COMMANDANT.—The term ‘‘Commandant’’ 

19 means the Secretary of the department in which the 

20 Coast Guard is operating, acting through the Com21 mandant of the Coast Guard. 

22 (2) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior. 

24 (3) TRACT.—The term ‘‘Tract’’ means the land 

25 (including submerged land) depicted as ‘‘PROPOSED 
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1 PROPERTY EXCHANGE AREA’’ on the survey ti2 tled ‘‘PROPOSED PROPERTY EXCHANGE PAR3 CEL’’ and dated 3/22/17. 

4 SEC. 811. USE OF TRACT 43. 

5 Section 524(e)(2) of the Pribilof Island Transition 

6 Completion Act of 2016 (Public Law 114–120), as amended 

7 by section 3533 of the Pribilof Island Transition Comple8 tion Amendments Act of 2016 (subtitle B of title XXXV of 

9 Public Law 114–328), is amended by— 

10 (1) striking ‘‘each month’’ and inserting ‘‘each 

11 April and October’’; and 

12 (2) striking ‘‘previous month’’ and inserting 

13 ‘‘previous six months’’. 

14 SEC. 812. COAST GUARD MARITIME DOMAIN AWARENESS. 

15 (a) IN GENERAL.—The Secretary of the department in 

16 which the Coast Guard is operating shall seek to enter into 

17 an arrangement with the National Academy of Sciences not 

18 later than 60 days after the date of the enactment of this 

19 Act under which the Academy shall prepare an assessment 

20 of available unmanned, autonomous, or remotely controlled 

21 maritime domain awareness technologies for use by the 

22 Coast Guard. 

23 (b) ASSESSMENT.—The assessment shall— 
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1 (1) describe the potential limitations of current 

2 and emerging unmanned technologies used in the 

3 maritime domain for— 

4 (A) ocean observation; 

5 (B) vessel monitoring and identification; 

6 (C) weather observation; 

7 (D) to the extent practicable for consider8 ation by the Academy, intelligence gathering, 

9 surveillance, and reconnaissance; and 

10 (E) communications; 

11 (2) examine how technologies described in para12 graph (1) can help prioritize Federal investment by 

13 examining; 

14 (A) affordability, including acquisition, op15 erations, and maintenance; 

16 (B) reliability; 

17 (C) versatility; 

18 (D) efficiency; and 

19 (E) estimated service life and persistence of 

20 effort; and 

21 (3) analyze whether the use of new and emerging 

22 maritime domain awareness technologies can be used 

23 to— 

24 (A) carry out Coast Guard missions at 

25 lower costs; 
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1 (B) expand the scope and range of Coast 

2 Guard maritime domain awareness; 

3 (C) allow the Coast Guard to more effi4 ciently and effectively allocate Coast Guard ves5 sels, aircraft, and personnel; and 

6 (D) identify adjustments that would be nec7 essary in Coast Guard policies, procedures, and 

8 protocols to incorporate unmanned technologies 

9 to enhance efficiency. 

10 (c) REPORT TO CONGRESS.—Not later than 1 year 

11 after entering into an arrangement with the Secretary 

12 under subsection (a), the National Academy of Sciences 

13 shall submit the assessment prepared under this section to 

14 the Committees on Transportation and Infrastructure and 

15 Homeland Security of the House of Representatives and the 

16 Committee on Commerce, Science, and Transportation of 

17 the Senate. 

18 (d) USE OF INFORMATION.—In formulating costs pur19 suant to subsection (b), the National Academy of Sciences 

20 may utilize information from other Coast Guard reports, 

21 assessments, or analyses regarding existing Coast Guard 

22 manpower requirements or other reports, assessments, or 

23 analyses for the acquisition of unmanned, autonomous, or 

24 remotely controlled technologies by the Federal Government. 
227 

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1 SEC. 813. MONITORING. 

2 (a) IN GENERAL.—The Secretary of the department in 

3 which the Coast Guard is operating shall conduct a 1-year 

4 pilot program to determine the impact of persistent use of 

5 different types of surveillance systems on illegal maritime 

6 activities, including illegal, unreported, and unregulated 

7 fishing, in the Western Pacific region. 

8 (b) REQUIREMENTS.—The pilot program shall— 

9 (1) consider the use of light aircraft-based detec10 tion systems that can identify potential illegal activ11 ity from high altitudes and produce enforcement-qual12 ity evidence at low altitudes; and 

13 (2) be directed at detecting and deterring illegal 

14 maritime activities, including illegal, unreported, and 

15 unregulated fishing, and enhancing maritime domain 

16 awareness. 

17 SEC. 814. REIMBURSEMENTS FOR NON-FEDERAL CON18 STRUCTION COSTS OF CERTAIN AIDS TO 

19 NAVIGATION. 

20 (a) IN GENERAL.—Subject to the availability of 

21 amounts specifically provided in advance in subsequent ap22 propriations Acts and in accordance with this section, the 

23 Commandant of the Coast Guard may reimburse a non24 Federal entity for costs incurred by the entity for a covered 

25 project. 
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1 (b) CONDITIONS.—The Commandant may not provide 

2 reimbursement under subsection (a) with respect to a cov3 ered project unless— 

4 (1) the need for the project is a result of the com5 pletion of construction with respect to a federally au6 thorized navigation channel; 

7 (2) the Commandant determines, through an ap8 propriate navigation safety analysis, that the project 

9 is necessary to ensure safe marine transportation; 

10 (3) the Commandant approves the design of the 

11 project to ensure that it meets all applicable Coast 

12 Guard aids-to-navigation standards and require13 ments; 

14 (4) the non-Federal entity agrees to transfer the 

15 project upon completion to the Coast Guard for oper16 ation and maintenance by the Coast Guard as a Fed17 eral aid to navigation; 

18 (5) the non-Federal entity carries out the project 

19 in accordance with the same laws and regulations 

20 that would apply to the Coast Guard if the Coast 

21 Guard carried out the project, including obtaining all 

22 permits required for the project under Federal and 

23 State law; and 
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1 (6) the Commandant determines that the project 

2 satisfies such additional requirements as may be es3 tablished by the Commandant. 

4 (c) LIMITATIONS.—Reimbursements under subsection 

5 (a) may not exceed the following: 

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

7 (2) For all covered projects in a single fiscal 

8 year, $5,000,000. 

9 (d) EXPIRATION.—The authority granted under this 

10 section shall expire on the date that is 4 years after the 

11 date of enactment of this section. 

12 (e) COVERED PROJECT DEFINED.—In this section, the 

13 term ‘‘covered project’’ means a project carried out— 

14 (1) by a non-Federal entity to construct and es15 tablish an aid to navigation that facilitates safe and 

16 efficient marine transportation on a Federal naviga17 tion project authorized by title I of the Water Re18 sources Development Act of 2007 (Public Law 110– 

19 114); and 

20 (2) in an area that was affected by Hurricane 

21 Harvey. 

22 SEC. 815. TOWING SAFETY MANAGEMENT SYSTEM FEES. 

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

24 shall— 
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1 (1) review and compare the costs to the Govern2 ment of— 

3 (A) towing vessel inspections performed by 

4 the Coast Guard; and 

5 (B) such inspections performed by a third 

6 party; and 

7 (2) based on such review and comparison, deter8 mine whether the costs to the Government of such in9 spections performed by a third party are different 

10 than the costs to the Government of such inspections 

11 performed by the Coast Guard. 

12 (b) REVISION OF FEES.—If the Commandant deter13 mines under subsection (a) that the costs to the Government 

14 of such inspections performed by a third party are different 

15 than the costs to the Government of such inspections per16 formed by the Coast Guard, then the Commandant shall 

17 revise the fee assessed by the Coast Guard for such inspec18 tions as necessary to conform to the requirements under sec19 tion 9701 of title 31, United States Code, that such fee be 

20 based on the cost to the Government of such inspections and 

21 accurately reflect such costs. 

22 SEC. 816. OIL SPILL DISBURSEMENTS AUDITING AND RE23 PORT. 

24 Section 1012 of the Oil Pollution Act of 1990 (33 

25 U.S.C. 2712) is amended— 
231 

†S 140 EAS 

1 (1) by repealing subsection (g); 

2 (2) in subsection (l)(1), by striking ‘‘Within one 

3 year after the date of enactment of the Coast Guard 

4 Authorization Act of 2010, and annually thereafter,’’ 

5 and inserting ‘‘Each year, on the date on which the 

6 President submits to Congress a budget under section 

7 1105 of title 31, United States Code,’’; and 

8 (3) by amending subsection (l)(2) to read as fol9 lows: 

10 ‘‘(2) CONTENTS.—The report shall include— 

11 ‘‘(A) a list of each incident that— 

12 ‘‘(i) occurred in the preceding fiscal 

13 year; and 

14 ‘‘(ii) resulted in disbursements from 

15 the Fund, for removal costs and damages, 

16 totaling $500,000 or more; 

17 ‘‘(B) a list of each incident that— 

18 ‘‘(i) occurred in the fiscal year pre19 ceding the preceding fiscal year; and 

20 ‘‘(ii) resulted in disbursements from 

21 the Fund, for removal costs and damages, 

22 totaling $500,000 or more; and 

23 ‘‘(C) an accounting of any amounts reim24 bursed to the Fund in the preceding fiscal year 

25 that were recovered from a responsible party for 
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1 an incident that resulted in disbursements from 

2 the Fund, for removal costs and damages, total3 ing $500,000 or more.’’. 

4 SEC. 817. FLEET REQUIREMENTS ASSESSMENT AND STRAT5 EGY. 

6 (a) REPORT.—Not later than 1 year after the date of 

7 enactment of this Act, the Secretary of the department in 

8 which the Coast Guard is operating, in consultation with 

9 interested Federal and non-Federal stakeholders, shall sub10 mit to the Committee on Commerce, Science, and Transpor11 tation of the Senate and the Committee on Transportation 

12 and Infrastructure of the House of Representatives a report 

13 including— 

14 (1) an assessment of Coast Guard at-sea oper15 ational fleet requirements to support its statutory 

16 missions established in the Homeland Security Act of 

17 2002 (6 U.S.C. 101 et seq.); and 

18 (2) a strategic plan for meeting the requirements 

19 identified under paragraph (1). 

20 (b) CONTENTS.—The report under subsection (a) shall 

21 include— 

22 (1) an assessment of— 

23 (A) the extent to which the Coast Guard at24 sea operational fleet requirements referred to in 

25 subsection (a)(1) are currently being met; 
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1 (B) the Coast Guard’s current fleet, its oper2 ational lifespan, and how the anticipated 

3 changes in the age and distribution of vessels in 

4 the fleet will impact the ability to meet at-sea 

5 operational requirements; 

6 (C) fleet operations and recommended im7 provements to minimize costs and extend oper8 ational vessel life spans; and 

9 (D) the number of Fast Response Cutters, 

10 Offshore Patrol Cutters, and National Security 

11 Cutters needed to meet at-sea operational re12 quirements as compared to planned acquisitions 

13 under the current programs of record; 

14 (2) an analysis of— 

15 (A) how the Coast Guard at-sea operational 

16 fleet requirements are currently met, including 

17 the use of the Coast Guard’s current cutter fleet, 

18 agreements with partners, chartered vessels, and 

19 unmanned vehicle technology; and 

20 (B) whether existing and planned cutter 

21 programs of record (including the Fast Response 

22 Cutter, Offshore Patrol Cutter, and National Se23 curity Cutter) will enable the Coast Guard to 

24 meet at-sea operational requirements; and 

25 (3) a description of— 
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1 (A) planned manned and unmanned vessel 

2 acquisition; and 

3 (B) how such acquisitions will change the 

4 extent to which the Coast Guard at-sea oper5 ational requirements are met. 

6 (c) CONSULTATION AND TRANSPARENCY.— 

7 (1) CONSULTATION.—In consulting with the Fed8 eral and non-Federal stakeholders under subsection 

9 (a), the Secretary of the department in which the 

10 Coast Guard is operating shall— 

11 (A) provide the stakeholders with opportuni12 ties for input— 

13 (i) prior to initially drafting the re14 port, including the assessment and strategic 

15 plan; and 

16 (ii) not later than 3 months prior to 

17 finalizing the report, including the assess18 ment and strategic plan, for submission; 

19 and 

20 (B) document the input and its disposition 

21 in the report. 

22 (2) TRANSPARENCY.—All input provided under 

23 paragraph (1) shall be made available to the public. 

24 (d) ENSURING MARITIME COVERAGE.—In order to 

25 meet Coast Guard mission requirements for search and res-
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1 cue, ports, waterways, and coastal security, and maritime 

2 environmental response during recapitalization of Coast 

3 Guard vessels, the Coast Guard shall ensure continuity of 

4 the coverage, to the maximum extent practicable, in the lo5 cations that may lose assets. 

6 SEC. 818. NATIONAL SECURITY CUTTER. 

7 (a) STANDARD METHOD FOR TRACKING.—The Com8 mandant of the Coast Guard may not certify an eighth Na9 tional Security Cutter as Ready for Operations before the 

10 date on which the Commandant provides to the Committee 

11 on Transportation and Infrastructure of the House of Rep12 resentatives and the Committee on Commerce, Science, and 

13 Transportation of the Senate— 

14 (1) a notification of a new standard method for 

15 tracking operational employment of Coast Guard 

16 major cutters that does not include time during which 

17 such a cutter is away from its homeport for mainte18 nance or repair; and 

19 (2) a report analyzing cost and performance for 

20 different approaches to achieving varied levels of oper21 ational employment using the standard method re22 quired by paragraph (1) that, at a minimum— 

23 (A) compares over a 30-year period the av24 erage annualized baseline cost and performances 

25 for a certified National Security Cutter that op-
236 

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1 erated for 185 days away from homeport or an 

2 equivalent alternative measure of operational 

3 tempo— 

4 (i) against the cost of a 15 percent in5 crease in days away from homeport or an 

6 equivalent alternative measure of oper7 ational tempo for a National Security Cut8 ter; and 

9 (ii) against the cost of the acquisition 

10 and operation of an additional National 

11 Security Cutter; and 

12 (B) examines the optimal level of oper13 ational employment of National Security Cutters 

14 to balance National Security Cutter cost and 

15 mission performance. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) Section 221(b) of the Coast Guard and Mari18 time Transportation Act of 2012 (126 Stat. 1560) is 

19 repealed. 

20 (2) Section 204(c)(1) of the Coast Guard Author21 ization Act of 2016 (130 Stat. 35) is repealed. 
237 

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1 SEC. 819. ACQUISITION PLAN FOR INLAND WATERWAY AND 

2 RIVER TENDERS AND BAY-CLASS ICE3 BREAKERS. 

4 (a) ACQUISITION PLAN.—Not later than 270 days after 

5 the date of the enactment of this Act, the Commandant of 

6 the Coast Guard shall submit to the Committee on Com7 merce, Science, and Transportation of the Senate and the 

8 Committee on Transportation and Infrastructure of the 

9 House of Representatives a plan to replace or extend the 

10 life of the Coast Guard fleet of inland waterway and river 

11 tenders, and the Bay-class icebreakers. 

12 (b) CONTENTS.—The plan under subsection (a) shall 

13 include— 

14 (1) an analysis of the work required to extend 

15 the life of vessels described in subsection (a); 

16 (2) recommendations for which, if any, such ves17 sels it is cost effective to undertake a ship-life exten18 sion or enhanced maintenance program; 

19 (3) an analysis of the aids to navigation pro20 gram to determine if advances in navigation tech21 nology may reduce the needs for physical aids to 

22 navigation; 

23 (4) recommendations for changes to physical aids 

24 to navigation and the distribution of such aids that 

25 reduce the need for the acquisition of vessels to replace 

26 the vessels described in subsection (a); 
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1 (5) a schedule for the acquisition of vessels to re2 place the vessels described in subsection (a), including 

3 the date on which the first vessel will be delivered; 

4 (6) the date such acquisition will be complete; 

5 (7) a description of the order and location of re6 placement vessels; 

7 (8) an estimate of the cost per vessel and of the 

8 total cost of the acquisition program of record; and 

9 (9) an analysis of whether existing vessels can be 

10 used. 

11 SEC. 820. GREAT LAKES ICEBREAKER ACQUISITION. 

12 (a) ICEBREAKING ON THE GREAT LAKES.—For fiscal 

13 years 2018 and 2019, the Commandant of the Coast Guard 

14 may use funds made available pursuant to section 4902 of 

15 title 14, United States Code, as amended by this Act, for 

16 the construction of an icebreaker that is at least as capable 

17 as the Coast Guard Cutter Mackinaw to enhance 

18 icebreaking capacity on the Great Lakes. 

19 (b) ACQUISITION PLAN.—Not later than 45 days after 

20 the date of enactment of this Act, the Commandant shall 

21 submit a plan to the Committee on Commerce, Science, and 

22 Transportation of the Senate and the Committee on Trans23 portation and Infrastructure of the House of Representa24 tives for acquiring an icebreaker described in subsections 

25 (a) and (b). Such plan shall include— 
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1 (1) the details and schedule of the acquisition ac2 tivities to be completed; and 

3 (2) a description of how the funding for Coast 

4 Guard acquisition, construction, and improvements 

5 that was appropriated under the Consolidated Appro6 priations Act, 2017 (Public Law 115–31) will be allo7 cated to support the acquisition activities referred to 

8 in paragraph (1). 

9 SEC. 821. POLAR ICEBREAKERS. 

10 (a) ENHANCED MAINTENANCE PROGRAM FOR THE

11 POLAR STAR.— 

12 (1) IN GENERAL.—Subject to the availability of 

13 appropriations, the Commandant of the Coast Guard 

14 shall conduct an enhanced maintenance program on 

15 Coast Guard Cutter Polar Star (WAGB–10) to extend 

16 the service life of such vessel until at least December 

17 31, 2025. 

18 (2) REQUIREMENT FOR REPORT.—Not later than 

19 180 days after the date of the enactment of the Coast 

20 Guard Authorization Act of 2017, the Secretary of the 

21 department in which the Coast Guard is operating, in 

22 consultation with Naval Sea Systems Command, shall 

23 submit to the Committee on Commerce, Science, and 

24 Transportation and the Committee on Armed Services 

25 of the Senate and the Committee on Transportation 
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1 and Infrastructure and the Committee on Armed 

2 Services of the House of Representatives a detailed re3 port describing a plan to extend the service life of the 

4 Coast Guard Cutter Polar Star (WAGB–10) until at 

5 least December 31, 2025, through an enhanced main6 tenance program. 

7 (3) CONTENT.—The report required by para8 graph (2) shall include the following: 

9 (A) An assessment and discussion of the en10 hanced maintenance program recommended by 

11 the National Academies of Sciences, Engineering, 

12 and Medicine’s Committee on Polar Icebreaker 

13 Cost Assessment in the letter report ‘‘Acquisition 

14 and Operation of Polar Icebreakers: Fulfilling 

15 the Nation’s Needs’’. 

16 (B) An assessment and discussion of the 

17 Government Accountability Office’s concerns and 

18 recommendations regarding service life extension 

19 work on Coast Guard Cutter Polar Star 

20 (WAGB–10) in the report ‘‘Status of the Coast 

21 Guard’s Polar Icebreaking Fleet Capability and 

22 Recapitalization Plan’’. 

23 (C) Based upon a materiel condition assess24 ment of the Coast Guard Cutter Polar Star 

25 (WAGB–10)— 
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1 (i) a description of the service life ex2 tension needs of the vessel; 

3 (ii) detailed information regarding 

4 planned shipyard work for each fiscal year 

5 to meet such needs; and 

6 (iii) an estimate of the amount needed 

7 to be appropriated to complete the enhanced 

8 maintenance program. 

9 (D) A plan to ensure the vessel will main10 tain seasonally operational status during the en11 hanced maintenance program. 

12 (4) AUTHORIZATION OF APPROPRIATIONS.—The 

13 Commandant of the Coast Guard may use funds 

14 made available pursuant to section 4902 of title 14, 

15 United States Code, as amended by section 202 of this 

16 Act, for the enhanced maintenance program described 

17 in the report required by subsection (a). 

18 (b) COAST GUARD AND MARITIME TRANSPORTATION

19 ACT OF 2012; AMENDMENT.—Section 222 of the Coast 

20 Guard and Maritime Transportation Act of 2012 (Public 

21 Law 112–213), as amended, is further amended as follows: 

22 (1) by striking subsections (a) through (d); 

23 (2) by redesignating subsections (e) through (g) 

24 as subsections (a) through (c), respectively; 

25 (3) in subsection (a), as redesignated— 
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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘Except as provided in subsection 

3 (c), the Commandant’’ and inserting ‘‘The Com4 mandant’’; 

5 (B) in paragraph (1) by striking ‘‘Polar 

6 Sea or’’; 

7 (C) in paragraph (2) by striking ‘‘either of 

8 the vessels’’ and inserting ‘‘the Polar Star or the 

9 Polar Sea’’; and 

10 (D) in paragraph (3) by striking ‘‘either of 

11 the vessels’’ each place it appears and inserting 

12 ‘‘the Polar Star’’. 

13 SEC. 822. STRATEGIC ASSETS IN THE ARCTIC. 

14 (a) DEFINITION OF ARCTIC.—In this section, the term 

15 ‘‘Arctic’’ has the meaning given the term in section 112 of 

16 the Arctic Research and Policy Act of 1984 (15 U.S.C. 

17 4111). 

18 (b) SENSE OF CONGRESS.—It is the sense of Congress 

19 that— 

20 (1) the Arctic continues to grow in significance 

21 to both the national security interests and the eco22 nomic prosperity of the United States; and 

23 (2) the Coast Guard must ensure it is positioned 

24 to respond to any accident, incident, or threat with 

25 appropriate assets. 
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1 (c) REPORT.—Not later than 1 year after the date of 

2 enactment of this Act, the Commandant of the Coast Guard, 

3 in consultation with the Secretary of Defense and taking 

4 into consideration the Department of Defense 2016 Arctic 

5 Strategy, shall submit to the Committee on Commerce, 

6 Science, and Transportation of the Senate and the Com7 mittee on Transportation and Infrastructure of the House 

8 of Representatives a report on the progress toward imple9 menting the strategic objectives described in the United 

10 States Coast Guard Arctic Strategy dated May 2013. 

11 (d) CONTENTS.—The report under subsection (c) shall 

12 include— 

13 (1) a description of the Coast Guard’s progress 

14 toward each strategic objective identified in the 

15 United States Coast Guard Arctic Strategy dated 

16 May 2013; 

17 (2) an assessment of the assets and infrastruc18 ture necessary to meet the strategic objectives identi19 fied in the United States Coast Guard Arctic Strategy 

20 dated May 2013 based on factors such as— 

21 (A) response time; 

22 (B) coverage area; 

23 (C) endurance on scene; 

24 (D) presence; and 

25 (E) deterrence; 
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1 (3) an analysis of the sufficiency of the distribu2 tion of National Security Cutters, Offshore Patrol 

3 Cutters, and Fast Response Cutters both stationed in 

4 various Alaskan ports and in other locations to meet 

5 the strategic objectives identified in the United States 

6 Coast Guard Arctic Strategy, dated May 2013; 

7 (4) plans to provide communications throughout 

8 the entire Coastal Western Alaska Captain of the Port 

9 zone to improve waterway safety and mitigate close 

10 calls, collisions, and other dangerous interactions be11 tween the shipping industry and subsistence hunters; 

12 (5) plans to prevent marine casualties, when 

13 possible, by ensuring vessels avoid environmentally 

14 sensitive areas and permanent security zones; 

15 (6) an explanation of— 

16 (A) whether it is feasible to establish a ves17 sel traffic service, using existing resources or oth18 erwise; and 

19 (B) whether an Arctic Response Center of 

20 Expertise is necessary to address the gaps in ex21 perience, skills, equipment, resources, training, 

22 and doctrine to prepare, respond to, and recover 

23 spilled oil in the Arctic; and 

24 (7) an assessment of whether sufficient agree25 ments are in place to ensure the Coast Guard is re-
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1 ceiving the information it needs to carry out its re2 sponsibilities. 

3 SEC. 823. ARCTIC PLANNING CRITERIA. 

4 (a) ALTERNATIVE PLANNING CRITERIA.— 

5 (1) IN GENERAL.—For purposes of the Oil Pollu6 tion Act of 1990 (33 U.S.C. 2701 et seq.), the Com7 mandant of the Coast Guard may approve a vessel re8 sponse plan under section 311 of the Federal Water 

9 Pollution Control Act (33 U.S.C. 1321) for a vessel 

10 operating in any area covered by the Captain of the 

11 Port Zone (as established by the Commandant) that 

12 includes the Arctic, if the Commandant verifies 

13 that— 

14 (A) equipment required to be available for 

15 response under the plan has been tested and 

16 proven capable of operating in the environmental 

17 conditions expected in the area in which it is in18 tended to be operated; and 

19 (B) the operators of such equipment have 

20 conducted training on the equipment within the 

21 area covered by such Captain of the Port Zone. 

22 (2) POST-APPROVAL REQUIREMENTS.—In ap23 proving a vessel response plan under paragraph (1), 

24 the Commandant shall— 
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1 (A) require that the oil spill removal orga2 nization identified in the vessel response plan 

3 conduct regular exercises and drills using the re4 sponse resources identified in the plan in the 

5 area covered by the Captain of the Port Zone 

6 that includes the Arctic; and 

7 (B) allow such oil spill removal organiza8 tion to take credit for a response to an actual 

9 spill or release in the area covered by such Cap10 tain of the Port Zone, instead of conducting an 

11 exercise or drill required under subparagraph 

12 (A), if the oil spill removal organization— 

13 (i) documents which exercise or drill 

14 requirements were met during the response; 

15 and 

16 (ii) submits a request for credit to, and 

17 receives approval from, the Commandant. 

18 (b) REPORT.— 

19 (1) IN GENERAL.—Not later than 120 days after 

20 the date of enactment of this Act, the Commandant of 

21 the Coast Guard shall submit to the Committee on 

22 Commerce, Science, and Transportation of the Senate 

23 and the Committee on Transportation and Infrastruc24 ture of the House of Representatives a report on the 

25 oil spill prevention and response capabilities for the 
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1 area covered by the Captain of the Port Zone (as es2 tablished by the Commandant) that includes the Arc3 tic. 

4 (2) CONTENTS.—The report submitted under 

5 paragraph (1) shall include the following: 

6 (A) A description of equipment and assets 

7 available for response under the vessel response 

8 plans approved for vessels operating in the area 

9 covered by the Captain of the Port Zone, includ10 ing details on any providers of such equipment 

11 and assets. 

12 (B) A description of the location of such 

13 equipment and assets, including an estimate of 

14 the time to deploy the equipment and assets. 

15 (C) A determination of how effectively such 

16 equipment and assets are distributed throughout 

17 the area covered by the Captain of the Port 

18 Zone. 

19 (D) A statement regarding whether the abil20 ity to maintain and deploy such equipment and 

21 assets is taken into account when measuring the 

22 equipment and assets available throughout the 

23 area covered by the Captain of the Port Zone. 

24 (E) A validation of the port assessment visit 

25 process and response resource inventory for re-
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1 sponse under the vessel response plans approved 

2 for vessels operating in the area covered by the 

3 Captain of the Port Zone. 

4 (F) A determination of the compliance rate 

5 with Federal vessel response plan regulations in 

6 the area covered by the Captain of the Port Zone 

7 during the previous 3 years. 

8 (G) A description of the resources needed 

9 throughout the area covered by the Captain of 

10 the Port Zone to conduct port assessments, exer11 cises, response plan reviews, and spill responses. 

12 (c) DEFINITION OF ARCTIC.—In this section, the term 

13 ‘‘Arctic’’ has the meaning given the term under section 112 

14 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 

15 4111). 

16 SEC. 824. VESSEL RESPONSE PLAN AUDIT. 

17 (a) IN GENERAL.—Not later than 1 year after the date 

18 of enactment of this Act, the Comptroller General of the 

19 United States shall complete and submit to the Committee 

20 on Commerce, Science, and Transportation of the Senate 

21 and the Committee on Transportation and Infrastructure 

22 of the House of Representatives a comprehensive review of 

23 the processes and resources used by the Coast Guard to im24 plement vessel response plan requirements under section 
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1 311 of the Federal Water Pollution Control Act (33 U.S.C. 

2 1321). 

3 (b) REQUIRED ELEMENTS OF REVIEW.—The review 

4 required under subsection (a) shall, at a minimum, in5 clude— 

6 (1) a study, or an audit if appropriate, of the 

7 processes the Coast Guard uses— 

8 (A) to approve the vessel response plans re9 ferred to in subsection (a); 

10 (B) to approve alternate planning criteria 

11 used in lieu of National Planning Criteria in 

12 approving such plans; 

13 (C) to verify compliance with such plans; 

14 and 

15 (D) to act in the event of a failure to com16 ply with the requirements of such plans; 

17 (2) an examination of all Federal and State 

18 agency resources used by the Coast Guard in carrying 

19 out the processes identified under paragraph (1), in20 cluding— 

21 (A) the current staffing model and organi22 zation; 

23 (B) data, software, simulators, systems, or 

24 other technology, including those pertaining to 
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1 weather, oil spill trajectory modeling, and risk 

2 management; 

3 (C) the total amount of time per fiscal year 

4 expended by Coast Guard personnel to approve 

5 and verify compliance with vessel response plans; 

6 and 

7 (D) the average amount of time expended by 

8 the Coast Guard for approval of, and 

9 verification of compliance with, a single vessel 

10 response plan; 

11 (3) an analysis of how, including by what means 

12 or methods, the processes identified under paragraph 

13 (1)— 

14 (A) ensure compliance with applicable law; 

15 (B) are implemented by the Coast Guard, 

16 including at the district and sector levels; 

17 (C) are informed by public comment and 

18 engagement with States, Indian Tribes, and 

19 other regional stakeholders; 

20 (D) ensure availability and adequate oper21 ational capability and capacity of required as22 sets and equipment, including in cases in which 

23 contractual obligations may limit the avail24 ability of such assets and equipment for re25 sponse; 
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1 (E) provide for adequate asset and equip2 ment mobilization time requirements, particu3 larly with respect to— 

4 (i) calculation and establishment of 

5 such requirements; 

6 (ii) verifying compliance with such re7 quirements; and 

8 (iii) factoring in weather, including 

9 specific regional adverse weather as defined 

10 in section 155.1020 of title 33, Code of Fed11 eral Regulations, in calculating, estab12 lishing, and verifying compliance with such 

13 requirements; 

14 (F) ensure response plan updates and vessel 

15 compliance when changes occur in response plan16 ning criteria, asset and equipment mobilization 

17 times, or regional response needs, such as trends 

18 in transportation of high gravity oils or changes 

19 in vessel traffic volume; and 

20 (G) enable effective action by the Coast 

21 Guard in the event of a failure to comply with 

22 response plan requirements; 

23 (4) a determination regarding whether asset and 

24 equipment mobilization time requirements under ap-
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1 proved vessel response plans can be met by the vessels 

2 to which they apply; and 

3 (5) recommendations for improving the processes 

4 identified under paragraph (1), including rec5 ommendations regarding the sufficiency of Coast 

6 Guard resources dedicated to those processes. 

7 SEC. 825. WATERS DEEMED NOT NAVIGABLE WATERS OF 

8 THE UNITED STATES FOR CERTAIN PUR9 POSES. 

10 For purposes of the application of subtitle II of title 

11 46, United States Code, to the Volunteer (Hull Number 

12 CCA4108), the Illinois and Michigan Canal is deemed to 

13 not be navigable waters of the United States. 

14 SEC. 826. DOCUMENTATION OF RECREATIONAL VESSELS. 

15 Coast Guard personnel performing nonrecreational 

16 vessel documentation functions under subchapter II of chap17 ter 121 of title 46, United States Code, may perform rec18 reational vessel documentation under section 12114 of such 

19 title in any fiscal year in which— 

20 (1) funds available for Coast Guard operating 

21 expenses may not be used for expenses incurred for 

22 recreational vessel documentation; 

23 (2) fees collected from owners of yachts and cred24 ited to such use are insufficient to pay expenses of 

25 recreational vessel documentation; and 
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1 (3) there is a backlog of applications for rec2 reational vessel documentation. 

3 SEC. 827. EQUIPMENT REQUIREMENTS; EXEMPTION FROM 

4 THROWABLE PERSONAL FLOTATION DEVICES 

5 REQUIREMENT. 

6 Not later than one year after the date of enactment 

7 of this Act, the Secretary of the department in which the 

8 Coast Guard is operating shall— 

9 (1) prescribe regulations in part 160 of title 46, 

10 Code of Federal Regulations, that treat a marine 

11 throw bag, as that term is commonly used in the com12 mercial whitewater rafting industry, as a type of life13 saving equipment; and 

14 (2) revise section 175.17 of title 33, Code of Fed15 eral Regulations, to exempt rafts that are 16 feet or 

16 more overall in length from the requirement to carry 

17 an additional throwable personal flotation device 

18 when such a marine throw bag is onboard and acces19 sible. 

20 SEC. 828. VISUAL DISTRESS SIGNALS AND ALTERNATIVE 

21 USE. 

22 (a) IN GENERAL.—The Secretary of the department in 

23 which the Coast Guard is operating shall develop a perform24 ance standard for the alternative use and possession of vis25 ual distress alerting and locating signals as mandated by 
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1 carriage requirements for recreational boats in subpart C 

2 of part 175 of title 33, Code of Federal Regulations. 

3 (b) REGULATIONS.—Not later than 180 days after the 

4 performance standard for alternative use and possession of 

5 visual distress alerting and locating signals is finalized, the 

6 Secretary shall revise part 175 of title 33, Code of Federal 

7 Regulations, to allow for carriage of such alternative signal 

8 devices. 

9 SEC. 829. RADAR REFRESHER TRAINING. 

10 Not later than 60 days after the date of enactment of 

11 this Act, the Secretary of the department in which the Coast 

12 Guard is operating shall prescribe a final rule eliminating 

13 the requirement that a mariner actively using the mariner’s 

14 credential complete an approved refresher or recertification 

15 course to maintain a radar observer endorsement. This rule16 making shall be exempt from chapters 5 and 6 of title 5, 

17 United States Code, and Executive Orders 12866 and 

18 13563. 

19 SEC. 830. COMMERCIAL FISHING VESSEL SAFETY NATIONAL 

20 COMMUNICATIONS PLAN. 

21 (a) REQUIREMENT FOR PLAN.—Not later than 1 year 

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

23 department in which the Coast Guard is operating shall 

24 develop and submit to the Committee on Commerce, Science, 

25 and Transportation of the Senate and the Committee on 
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1 Transportation and Infrastructure of the House of Rep2 resentatives a national communications plan for the pur3 poses of— 

4 (1) disseminating information to the commercial 

5 fishing vessel industry; 

6 (2) conducting outreach with the commercial 

7 fishing vessel industry; 

8 (3) facilitating interaction with the commercial 

9 fishing vessel industry; and 

10 (4) releasing information collected under section 

11 15102 of title 46, United States Code, as added by 

12 this Act, to the commercial fishing vessel industry. 

13 (b) CONTENT.—The plan required by subsection (a), 

14 and each annual update, shall— 

15 (1) identify staff, resources, and systems avail16 able to the Secretary to ensure the widest dissemina17 tion of information to the commercial fishing vessel 

18 industry; 

19 (2) include a means to document all communica20 tion and outreach conducted with the commercial 

21 fishing vessel industry; and 

22 (3) include a mechanism to measure effectiveness 

23 of such plan. 

24 (c) IMPLEMENTATION.—Not later than one year after 

25 submission of the initial plan, the Secretary of the depart-
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1 ment in which the Coast Guard is operating shall imple2 ment the plan and shall at a minimum— 

3 (1) leverage Coast Guard staff, resources, and 

4 systems available; 

5 (2) monitor implementation nationwide to en6 sure adherence to plan contents; 

7 (3) allow each Captain of the Port to adopt the 

8 most effective strategy and means to communicate 

9 with commercial fishing vessel industry in that Cap10 tain of the Port Zone; 

11 (4) document communication and outreach; and 

12 (5) solicit feedback from the commercial fishing 

13 vessel industry. 

14 (d) REPORT AND UPDATES.—The Secretary of the de15 partment in which the Coast Guard is operating shall— 

16 (1) submit to the Committee on Commerce, 

17 Science, and Transportation of the Senate and the 

18 Committee on Transportation and Infrastructure of 

19 the House of Representatives a report on the effective20 ness of the plan to date and any updates to ensure 

21 maximum impact of the plan one year after the date 

22 of enactment of this Act, and every 4 years thereafter; 

23 and 
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1 (2) include in such report input from individual 

2 Captains of the Port and any feedback received from 

3 the commercial fishing vessel industry. 

4 SEC. 831. ATLANTIC COAST PORT ACCESS ROUTE STUDY 

5 RECOMMENDATIONS. 

6 Not later than 30 days after the date of the enactment 

7 of the Act, the Commandant of the Coast Guard shall notify 

8 the Committee on Transportation and Infrastructure of the 

9 House of Representatives and the Committee on Commerce, 

10 Science, and Transportation of the Senate of action taken 

11 to carry out the recommendations contained in the final 

12 report issued by the Atlantic Coast Port Access Route Study 

13 (ACPARS) workgroup for which notice of availability was 

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

15 SEC. 832. DRAWBRIDGES. 

16 Section 5 of the Act entitled ‘‘An Act making appro17 priations for the construction, repair, and preservation of 

18 certain public works on rivers and harbors, and for other 

19 purposes’’, approved August 18, 1894 (33 U.S.C. 499), is 

20 amended by adding at the end the following: 

21 ‘‘(d) TEMPORARY CHANGES TO DRAWBRIDGE OPER22 ATING SCHEDULES.—Notwithstanding section 553 of title 

23 5, United States Code, whenever a temporary change to the 

24 operating schedule of a drawbridge, lasting 180 days or 

25 less— 
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1 ‘‘(1) is approved— 

2 ‘‘(A) the Secretary of the department in 

3 which the Coast Guard is operating shall— 

4 ‘‘(i) issue a deviation approval letter to 

5 the bridge owner; and 

6 ‘‘(ii) announce the temporary change 

7 in— 

8 ‘‘(I) the Local Notice to Mariners; 

9 ‘‘(II) a broadcast notice to mari10 ners and through radio stations; or 

11 ‘‘(III) such other local media as 

12 the Secretary considers appropriate; 

13 and 

14 ‘‘(B) the bridge owner, except a railroad 

15 bridge owner, shall notify— 

16 ‘‘(i) the public by publishing notice of 

17 the temporary change in a newspaper of 

18 general circulation published in the place 

19 where the bridge is located; 

20 ‘‘(ii) the department, agency, or office 

21 of transportation with jurisdiction over the 

22 roadway that abuts the approaches to the 

23 bridge; and 
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1 ‘‘(iii) the law enforcement organization 

2 with jurisdiction over the roadway that 

3 abuts the approaches to the bridge; or 

4 ‘‘(2) is denied, the Secretary of the department 

5 in which the Coast Guard is operating shall— 

6 ‘‘(A) not later than 10 days after the date 

7 of receipt of the request, provide the bridge owner 

8 in writing the reasons for the denial, including 

9 any supporting data and evidence used to make 

10 the determination; and 

11 ‘‘(B) provide the bridge owner a reasonable 

12 opportunity to address each reason for the denial 

13 and resubmit the request. 

14 ‘‘(e) DRAWBRIDGE MOVEMENTS.—The Secretary of the 

15 department in which the Coast Guard is operating— 

16 ‘‘(1) shall require a drawbridge operator to 

17 record each movement of the drawbridge in a logbook; 

18 ‘‘(2) may inspect the logbook to ensure draw19 bridge movement is in accordance with the posted op20 erating schedule; 

21 ‘‘(3) shall review whether deviations from the 

22 posted operating schedule are impairing vehicular 

23 and pedestrian traffic; and 
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1 ‘‘(4) may determine if the operating schedule 

2 should be adjusted for efficiency of maritime or vehic3 ular and pedestrian traffic. 

4 ‘‘(f) REQUIREMENTS.— 

5 ‘‘(1) LOGBOOKS.—An operator of a drawbridge 

6 built across a navigable river or other water of the 

7 United States— 

8 ‘‘(A) that opens the draw of such bridge for 

9 the passage of a vessel, shall record in a log10 book— 

11 ‘‘(i) the bridge identification and date 

12 of each opening; 

13 ‘‘(ii) the bridge tender or operator for 

14 each opening; 

15 ‘‘(iii) each time it is opened for navi16 gation; 

17 ‘‘(iv) each time it is closed for naviga18 tion; 

19 ‘‘(v) the number and direction of ves20 sels passing through during each opening; 

21 ‘‘(vi) the types of vessels passing 

22 through during each opening; 

23 ‘‘(vii) an estimated or known size 

24 (height, length, and beam) of the largest ves25 sel passing through during each opening; 
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1 ‘‘(viii) for each vessel, the vessel name 

2 and registration number if easily observ3 able; and 

4 ‘‘(ix) all maintenance openings, mal5 functions, or other comments; and 

6 ‘‘(B) that remains open to navigation but 

7 closes to allow for trains to cross, shall record in 

8 a logbook— 

9 ‘‘(i) the bridge identification and date 

10 of each opening and closing; 

11 ‘‘(ii) the bridge tender or operator; 

12 ‘‘(iii) each time it is opened to naviga13 tion; 

14 ‘‘(iv) each time it is closed to naviga15 tion; and 

16 ‘‘(v) all maintenance openings, clos17 ings, malfunctions, or other comments. 

18 ‘‘(2) MAINTENANCE OF LOGBOOKS.—A draw19 bridge operator shall maintain logbooks required 

20 under paragraph (1) for not less than 5 years. 

21 ‘‘(3) SUBMISSION OF LOGBOOKS.—At the request 

22 of the Secretary of the department in which the Coast 

23 Guard is operating, a drawbridge operator shall sub24 mit to the Secretary the logbook required under para-
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1 graph (1) as the Secretary considers necessary to 

2 carry out this section. 

3 ‘‘(4) EXEMPTION.—The requirements under 

4 paragraph (1) shall be exempt from sections 3501 to 

5 3521 of title 44, United States Code.’’. 

6 SEC. 833. WAIVER. 

7 Section 8902 of title 46, United States Code, shall not 

8 apply to the chain ferry DIANE (United States official 

9 number CG002692) when such vessel is operating on the 

10 Kalamazoo River in Saugatuck, Michigan. 

11 SEC. 834. FIRE-RETARDANT MATERIALS. 

12 Section 3503 of title 46, United States Code, is amend13 ed to read as follows: 

14 ‘‘§ 3503. Fire-retardant materials 

15 ‘‘(a)(1) A passenger vessel of the United States having 

16 berth or stateroom accommodations for at least 50 pas17 sengers shall be granted a certificate of inspection only if— 

18 ‘‘(A) the vessel is constructed of fire-retard19 ant materials; and 

20 ‘‘(B) the vessel— 

21 ‘‘(i) is operating engines, boilers, main 

22 electrical distribution panels, fuel tanks, oil 

23 tanks, and generators that meet current 

24 Coast Guard regulations; and 
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1 ‘‘(ii) is operating boilers and main 

2 electrical generators that are contained 

3 within noncombustible enclosures equipped 

4 with fire suppression systems. 

5 ‘‘(2) Before December 1, 2028, this subsection 

6 does not apply to any vessel in operation before Janu7 ary 1, 1968, and operating only within the Boundary 

8 Line. 

9 ‘‘(b)(1) The owner or managing operator of an exempt10 ed vessel described in subsection (a)(2) shall— 

11 ‘‘(A) notify in writing prospective pas12 sengers, prior to purchase, and each crew mem13 ber that the vessel does not comply with applica14 ble fire safety standards due primarily to the 

15 wooden construction of passenger berthing areas; 

16 ‘‘(B) display in clearly legible font promi17 nently throughout the vessel, including in each 

18 state room the following: ‘THIS VESSEL 

19 FAILS TO COMPLY WITH SAFETY RULES 

20 AND REGULATIONS OF THE U.S. COAST 

21 GUARD.’; 

22 ‘‘(C) acquire prior to the vessel entering 

23 service, and maintain, liability insurance in an 

24 amount to be prescribed by the Federal Maritime 

25 Commission; 
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1 ‘‘(D) make annual structural alteration to 

2 not less than 10 percent of the areas of the vessel 

3 that are not constructed of fire retardant mate4 rials; 

5 ‘‘(E) prioritize alterations in galleys, engi6 neering areas of the vessel, including all spaces 

7 and compartments containing, or adjacent to 

8 spaces and compartments containing, engines, 

9 boilers, main electrical distribution panels, fuel 

10 tanks, oil tanks, and generators; 

11 ‘‘(F) ensure, to the satisfaction of the Sec12 retary, that the combustible fire-load has been re13 duced pursuant to subparagraph (D) during 

14 each annual inspection for certification; 

15 ‘‘(G) ensure the vessel has multiple forms of 

16 egress off the vessel’s bow and stern; 

17 ‘‘(H) provide advance notice to the Coast 

18 Guard regarding the structural alterations made 

19 pursuant to subparagraph (D) and comply with 

20 any noncombustible material requirements pre21 scribed by the Coast Guard; 

22 ‘‘(I) annually notify all ports of call and 

23 State emergency management offices of jurisdic24 tion that the vessel does not comply with the re25 quirement under subsection (a)(1); 
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1 ‘‘(J) provide crewmembers manning such 

2 vessel shipboard training that— 

3 ‘‘(i) is specialized for exempted vessels; 

4 ‘‘(ii) exceeds requirements related to 

5 standards for firefighting training under 

6 chapter I of title 46, Code of Federal Regu7 lations, as in effect on October 1, 2017; and 

8 ‘‘(iii) is approved by the Coast Guard; 

9 and 

10 ‘‘(K) to the extent practicable, take all steps 

11 to retain previously trained crew knowledgeable 

12 of such vessel or to hire crew trained in oper13 ations aboard exempted vessels. 

14 ‘‘(2) The owner or managing operator of an ex15 empted vessel described in subsection (a)(2) may not 

16 disclaim liability to a passenger or crew member of 

17 such vessel for death, injury, or any other loss caused 

18 by fire due to the negligence of the owner or man19 aging operator. 

20 ‘‘(3) The Secretary shall— 

21 ‘‘(A) conduct an annual audit and inspec22 tion of each exempted vessel described in sub23 section (a)(2); 

24 ‘‘(B) in implementing subparagraph 

25 (b)(1)(F), consider, to the extent practicable, the 
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1 goal of preservation of the historic integrity of 

2 such vessel in areas carrying or accessible to pas3 sengers or generally visible to the public; and 

4 ‘‘(C) prescribe regulations to carry out this 

5 section, including to prescribe the manner in 

6 which prospective passengers are to be notified 

7 under paragraph (1)(A). 

8 ‘‘(4) The penalties provided in section 3504(c) of 

9 this title shall apply to a violation of this subsection. 

10 ‘‘(c) In addition to otherwise applicable penalties, the 

11 Secretary may immediately withdraw a certificate of in12 spection for an exempted vessel described in subsection 

13 (a)(2) that does not comply with any requirement under 

14 subsection (b).’’. 

15 SEC. 835. VESSEL WAIVER. 

16 (a) IN GENERAL.—Upon the date of enactment of this 

17 Act and notwithstanding sections 12112(a)(2)(A) and 

18 12113(a)(2) of title 46, United States Code, the Secretary 

19 shall issue a certificate of documentation with coastwise 

20 and fishery endorsements to the certificated vessel. 

21 (b) REPLACEMENT VESSEL.—The certificated vessel 

22 shall qualify as a replacement vessel for the vessel ‘‘AMER23 ICA NO.1’’ (United States official number 610654) and not 

24 be precluded from operating as an Amendment 80 replace-
267 

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1 ment vessel under the provisions of part 679 of title 50, 

2 Code of Federal Regulations. 

3 (c) COAST GUARD REVIEW AND DETERMINATION.— 

4 (1) REVIEW.—Not later than 30 days after the 

5 date of enactment of this Act, the Secretary shall con6 duct a review of the use of certain foreign fabricated 

7 steel components in the hull or superstructure of the 

8 certificated vessel. 

9 (2) DETERMINATION.—Based on the review con10 ducted under paragraph (1), the Secretary shall deter11 mine whether the shipyard that constructed the cer12 tificated vessel or the purchaser of the certificated ves13 sel knew before such components were procured or in14 stalled that the use of such components would violate 

15 requirements under sections 12112(a)(2)(A) and 

16 12113(a)(2) of title 46, United States Code. 

17 (3) REVOCATION.—If the Secretary determines 

18 under paragraph (2) that the shipyard that con19 structed the certificated vessel or the purchaser of the 

20 certificated vessel knew before such components were 

21 procured or installed that the use of such components 

22 would violate requirements under sections 

23 12112(a)(2)(A) and 12113(a)(2) of title 46, United 

24 States Code, the Secretary shall immediately revoke 
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1 the certificate of documentation issued under sub2 section (a). 

3 (4) USE OF DOCUMENTS.—In conducting the re4 view required under paragraph (1), the Secretary 

5 may request and review any information, correspond6 ence, or documents related to the construction of the 

7 certificated vessel, including from the shipyard that 

8 constructed the certificated vessel and the purchaser of 

9 the certificated vessel. 

10 (d) TERMINATION.—If the contract for purchase of the 

11 certificated vessel that is in effect on the date of enactment 

12 of this Act is terminated, the purchasing party to that con13 tract shall be prohibited from entering into a subsequent 

14 contract or agreement for purchase of such vessel. 

15 (e) DEFINITIONS.—In this section: 

16 (1) CERTIFICATED VESSEL.—The term ‘‘certifi17 cated vessel’’ means the vessel America’s Finest 

18 (United States official number 1276760). 

19 (2) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the department in which the Coast 

21 Guard is operating, acting through the Commandant 

22 of the Coast Guard. 

23 SEC. 836. TEMPORARY LIMITATIONS. 

24 (a) LIMITATIONS.— 
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1 (1) IN GENERAL.—Upon the Coast Guard 

2 issuing a certificate of documentation with coastwise 

3 and fishery endorsements for the vessel ‘‘AMERICA’S 

4 FINEST’’ (United States official number 1276760) 

5 and during any period such certificate is in effect, 

6 and subject to subsection (b), the total amount of 

7 groundfish harvested with respect to subparagraph 

8 (A) or the total amount of deliveries processed from 

9 other vessels with respect to subparagraph (B) by the 

10 vessels described in paragraph (2) shall not collec11 tively exceed— 

12 (A) the percentage of the harvest available 

13 in any Gulf of Alaska groundfish fisheries (other 

14 than fisheries subject to a limited access privilege 

15 program created by the North Pacific Fishery 

16 Management Council) that is equivalent to the 

17 total harvest by the vessels described in para18 graph (2) in those fisheries in the calendar years 

19 that a vessel described in paragraph (2) had har20 vest from 2012 through 2017 relative to the total 

21 allowable catch available to such vessels in the 

22 calendar years 2012 through 2017; or 

23 (B) the percentage of processing of deliveries 

24 from other vessels in any Bering Sea, Aleutian 

25 Islands, and Gulf of Alaska groundfish fisheries 
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1 (including fisheries subject to a limited access 

2 privilege program created by the North Pacific 

3 Fishery Management Council, or community de4 velopment quotas as described in section 305(i) 

5 of the Magnuson-Stevens Fishery Conservation 

6 and Management Act (16 U.S.C. 1855(i))) that 

7 is equivalent to the total processing of such deliv8 eries by the vessels described in paragraph (2) in 

9 those fisheries in the calendar years 2012 

10 through 2017 relative to the total allowable catch 

11 available in the calendar years 2012 through 

12 2017. 

13 (2) APPLICABLE VESSELS.—The limitations de14 scribed in paragraph (1) shall apply, in the aggre15 gate, to— 

16 (A) the vessel AMERICA’S FINEST 

17 (United States official number 1276760); 

18 (B) the vessel US INTREPID (United 

19 States official number 604439); 

20 (C) the vessel AMERICAN NO. 1 (United 

21 States official number 610654); 

22 (D) any replacement of a vessel described in 

23 subparagraph (A), (B), or (C); and 

24 (E) any vessel assigned license number 

25 LLG3217 under the license limitation program 
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1 under part 679 of title 50, Code of Federal Regu2 lations. 

3 (b) EXPIRATION.—The limitations described in sub4 section (a) shall apply to a groundfish species in Bering 

5 Sea, Aleutian Islands, and Gulf of Alaska only until the 

6 earlier of— 

7 (1) the end of the 6-year period beginning on the 

8 date of enactment of this Act; or 

9 (2) the date on which the Secretary of Commerce 

10 issues a final rule, based on recommendations devel11 oped by the North Pacific Fishery Management Coun12 cil consistent with the Magnuson-Stevens Fishery 

13 Conservation and Management Act (16 U.S.C. 1801 

14 et seq.), that limits processing deliveries of that 

15 groundfish species from other vessels in any Bering 

16 Sea, Aleutian Islands, and Gulf of Alaska groundfish 

17 fisheries that are not subject to conservation and 

18 management measures under section 206 of the Amer19 ican Fisheries Act (16 U.S.C. 1851 note). 

20 (c) EXISTING AUTHORITY.—Except for the measures 

21 required by this section, nothing in this title shall be con22 strued to limit the authority of the North Pacific Fishery 

23 Management Council or the Secretary of Commerce under 

24 the Magnuson-Stevens Fishery Conservation and Manage25 ment Act (16 U.S.C. 1801 et seq.). 
272 

†S 140 EAS 

1 SEC. 837. TRANSFER OF COAST GUARD PROPERTY IN JUPI2 TER ISLAND, FLORIDA, FOR INCLUSION IN 

3 HOBE SOUND NATIONAL WILDLIFE REFUGE. 

4 (a) TRANSFER.—Administrative jurisdiction over the 

5 property described in subsection (b) is transferred to the 

6 Secretary of the Interior. 

7 (b) PROPERTY DESCRIBED.—The property described 

8 in this subsection is real property administered by the 

9 Coast Guard in the Town of Jupiter Island, Florida, com10 prising Parcel #35–38–42–004–000–02590–6 (Bon Air 

11 Beach lots 259 and 260 located at 83 North Beach Road) 

12 and Parcel #35–38–42–004–000–02610–2 (Bon Air Beach 

13 lots 261 to 267), including any improvements thereon that 

14 are not authorized or required by another provision of law 

15 to be conveyed to another person. 

16 (c) ADMINISTRATION.—The property described in sub17 section (b) is included in Hobe Sound National Wildlife 

18 Refuge, and shall be administered by the Secretary of the 

19 Interior acting through the United States Fish and Wildlife 

20 Service. 

21 SEC. 838. EMERGENCY RESPONSE. 

22 Not later than 90 days after the date of enactment of 

23 this Act, the Commandant of the Coast Guard shall request 

24 the National Offshore Safety Advisory Committee to exam25 ine whether there are unnecessary regulatory barriers to the 

26 use of small passenger vessels, crewboats, and offshore sup-
273 

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1 ply vessels in disaster response and provide recommenda2 tions, as appropriate, to reduce such barriers. 

3 SEC. 839. DRAWBRIDGES CONSULTATION. 

4 (a) CONSULTATION.—In addition and subsequent to 

5 any rulemaking conducted under section 117.8 of title 33, 

6 Code of Federal Regulations, related to permanent changes 

7 to drawbridge openings that result from Amtrak service be8 tween New Orleans, Louisiana and Orlando, Florida, the 

9 Commandant shall consult with owners or operators of rail 

10 lines used for Amtrak passenger service between New Orle11 ans, Louisiana and Orlando, Florida and affected water12 way users on changes to drawbridge operating schedules 

13 necessary to facilitate the On Time Performance of pas14 senger trains. These changes to schedules shall not impact 

15 Coast Guard response times to operational missions. 

16 (b) TIMING.—Consultation in subsection (a) shall 

17 occur after commencement of Amtrak passenger service on 

18 the rail lines between New Orleans, Louisiana and Orlando, 

19 Florida at the following intervals: 

20 (1) Not less than 3 months following the com21 mencement of Amtrak passenger service. 

22 (2) Not less than 6 months following the com23 mencement of Amtrak passenger service. 

24 (c) REPORT.—If after conducting the consultations re25 quired by subsection (b)(2), the Commandant finds that 
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1 permanent changes to drawbridge operations are necessary 

2 to mitigate delays in the movement of trains described in 

3 subsection (a) and that those changes do not unreasonably 

4 obstruct the navigability of the affected waterways, then the 

5 Commandant shall submit those findings to the Committee 

6 on Commerce, Science, and Transportation of the Senate 

7 and the Committee on Transportation and Infrastructure 

8 of the House of Representatives. 

9 TITLE IX—VESSEL INCIDENTAL 

10 DISCHARGE ACT 

11 SEC. 901. SHORT TITLE. 

12 This title may be cited as the ‘‘Vessel Incidental Dis13 charge Act of 2018’’. 

14 SEC. 902. PURPOSES; FINDINGS. 

15 (a) PURPOSES.—The purposes of this title are— 

16 (1) to provide for the establishment of uniform, 

17 environmentally sound standards and requirements 

18 for the management of discharges incidental to the 

19 normal operation of a vessel; 

20 (2) to charge the Environmental Protection 

21 Agency with primary responsibility for establishing 

22 standards relating to the discharge of pollutants from 

23 vessels; 

24 (3) to charge the Coast Guard with primary re25 sponsibility for prescribing, administering, and en-
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1 forcing regulations, consistent with the discharge 

2 standards established by the Environmental Protec3 tion Agency, for the design, construction, installation, 

4 and operation of the equipment and management 

5 practices required onboard vessels; and 

6 (4) to preserve the flexibility of States, political 

7 subdivisions, and certain regions with respect to the 

8 administration and enforcement of standards relating 

9 to the discharge of pollutants from vessels engaged in 

10 maritime commerce and transportation. 

11 (b) FINDINGS.—Congress finds that— 

12 (1) the Environmental Protection Agency is the 

13 principal Federal authority charged under the Fed14 eral Water Pollution Control Act (33 U.S.C. 1251 et 

15 seq.) with regulating through the issuance of permits 

16 for the discharge of pollutants into the navigable 

17 waters of the United States; 

18 (2) the Coast Guard is the principal Federal au19 thority charged with administering, enforcing, and 

20 prescribing regulations relating to the discharge of 

21 pollutants from vessels; and 

22 (3) during the period of 1973 to 2010— 

23 (A) the Environmental Protection Agency 

24 promulgated regulations exempting certain dis25 charges incidental to the normal operation of 
276 

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1 vessels from otherwise applicable permitting re2 quirements of the Federal Water Pollution Con3 trol Act (33 U.S.C. 1251 et seq.); and 

4 (B) Congress enacted laws on numerous oc5 casions governing the regulation of discharges in6 cidental to the normal operation of vessels, in7 cluding— 

8 (i) the Act to Prevent Pollution from 

9 Ships (33 U.S.C. 1901 et seq.); 

10 (ii) the Nonindigenous Aquatic Nui11 sance Prevention and Control Act of 1990 

12 (16 U.S.C. 4701 et seq.); 

13 (iii) the National Invasive Species Act 

14 of 1996 (16 U.S.C. 4701 note; Public Law 

15 104–332); 

16 (iv) section 415 of the Coast Guard 

17 Authorization Act of 1998 (Public Law 

18 105–383; 112 Stat. 3434) and section 623 of 

19 the Coast Guard and Maritime Transpor20 tation Act of 2004 (33 U.S.C. 1901 note; 

21 Public Law 108–293), which established in22 terim and permanent requirements, respec23 tively, for the regulation of vessel discharges 

24 of certain bulk cargo residue; 
277 

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1 (v) title XIV of division B of Appendix 

2 D of the Consolidated Appropriations Act, 

3 2001 (Public Law 106–554; 114 Stat. 

4 2763A–315), which prohibited or limited 

5 certain vessel discharges in certain areas of 

6 Alaska; 

7 (vi) section 204 of the Maritime Trans8 portation Security Act of 2002 (33 U.S.C. 

9 1902a), which established requirements for 

10 the regulation of vessel discharges of agri11 cultural cargo residue material in the form 

12 of hold washings; and 

13 (vii) title X of the Coast Guard Au14 thorization Act of 2010 (33 U.S.C. 3801 et 

15 seq.), which provided for the implementa16 tion of the International Convention on the 

17 Control of Harmful Anti-Fouling Systems 

18 on Ships, 2001. 

19 SEC. 903. STANDARDS FOR DISCHARGES INCIDENTAL TO 

20 NORMAL OPERATION OF VESSELS. 

21 (a) UNIFORM NATIONAL STANDARDS.— 

22 (1) IN GENERAL.—Section 312 of the Federal 

23 Water Pollution Control Act (33 U.S.C. 1322) is 

24 amended by adding at the end the following: 
278 

†S 140 EAS 

1 ‘‘(p) UNIFORM NATIONAL STANDARDS FOR DIS2 CHARGES INCIDENTAL TO NORMAL OPERATION OF VES3 SELS.— 

4 ‘‘(1) DEFINITIONS.—In this subsection: 

5 ‘‘(A) AQUATIC NUISANCE SPECIES.—The 

6 term ‘aquatic nuisance species’ means a non7 indigenous species that threatens— 

8 ‘‘(i) the diversity or abundance of a 

9 native species; 

10 ‘‘(ii) the ecological stability of— 

11 ‘‘(I) waters of the United States; 

12 or 

13 ‘‘(II) waters of the contiguous 

14 zone; or 

15 ‘‘(iii) a commercial, agricultural, 

16 aquacultural, or recreational activity that 

17 is dependent on— 

18 ‘‘(I) waters of the United States; 

19 or 

20 ‘‘(II) waters of the contiguous 

21 zone. 

22 ‘‘(B) BALLAST WATER.— 

23 ‘‘(i) IN GENERAL.—The term ‘ballast 

24 water’ means any water, suspended matter, 
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†S 140 EAS 

1 and other materials taken onboard a ves2 sel— 

3 ‘‘(I) to control or maintain trim, 

4 draught, stability, or stresses of the ves5 sel, regardless of the means by which 

6 any such water or suspended matter is 

7 carried; or 

8 ‘‘(II) during the cleaning, mainte9 nance, or other operation of a ballast 

10 tank or ballast water management sys11 tem of the vessel. 

12 ‘‘(ii) EXCLUSION.—The term ‘ballast 

13 water’ does not include any substance that 

14 is added to the water described in clause (i) 

15 that is directly related to the operation of a 

16 properly functioning ballast water manage17 ment system. 

18 ‘‘(C) BALLAST WATER DISCHARGE STAND19 ARD.—The term ‘ballast water discharge stand20 ard’ means— 

21 ‘‘(i) the numerical ballast water dis22 charge standard established by section 

23 151.1511 or 151.2030 of title 33, Code of 

24 Federal Regulations (or successor regula25 tions); or 
280 

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1 ‘‘(ii) if a standard referred to in clause 

2 (i) is superseded by a numerical standard 

3 of performance under this subsection, that 

4 superseding standard. 

5 ‘‘(D) BALLAST WATER EXCHANGE.—The 

6 term ‘ballast water exchange’ means the replace7 ment of water in a ballast water tank using 1 

8 of the following methods: 

9 ‘‘(i) Flow-through exchange, in which 

10 ballast water is flushed out by pumping in 

11 midocean water at the bottom of the tank if 

12 practicable, and continuously overflowing 

13 the tank from the top, until 3 full volumes 

14 of water have been changed to minimize the 

15 number of original organisms remaining in 

16 the tank. 

17 ‘‘(ii) Empty and refill exchange, in 

18 which ballast water taken on in ports, estu19 arine waters, or territorial waters is 

20 pumped out until the pump loses suction, 

21 after which the ballast tank is refilled with 

22 midocean water. 

23 ‘‘(E) BALLAST WATER MANAGEMENT SYS24 TEM.—The term ‘ballast water management sys25 tem’ means any marine pollution control device 
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1 (including all ballast water treatment equip2 ment, ballast tanks, pipes, pumps, and all asso3 ciated control and monitoring equipment) that 

4 processes ballast water— 

5 ‘‘(i) to kill, render nonviable, or re6 move organisms; or 

7 ‘‘(ii) to avoid the uptake or discharge 

8 of organisms. 

9 ‘‘(F) BEST AVAILABLE TECHNOLOGY ECO10 NOMICALLY ACHIEVABLE.—The term ‘best avail11 able technology economically achievable’ 

12 means— 

13 ‘‘(i) best available technology economi14 cally achievable (within the meaning of sec15 tion 301(b)(2)(A)); 

16 ‘‘(ii) best available technology (within 

17 the meaning of section 304(b)(2)(B)); and 

18 ‘‘(iii) best available technology, as de19 termined in accordance with section 

20 125.3(d)(3) of title 40, Code of Federal Reg21 ulations (or successor regulations). 

22 ‘‘(G) BEST CONVENTIONAL POLLUTANT CON23 TROL TECHNOLOGY.—The term ‘best conven24 tional pollutant control technology’ means— 
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1 ‘‘(i) best conventional pollutant control 

2 technology (within the meaning of section 

3 301(b)(2)(E)); 

4 ‘‘(ii) best conventional pollutant con5 trol technology (within the meaning of sec6 tion 304(b)(4)); and 

7 ‘‘(iii) best conventional pollutant con8 trol technology, as determined in accordance 

9 with section 125.3(d)(2) of title 40, Code of 

10 Federal Regulations (or successor regula11 tions). 

12 ‘‘(H) BEST MANAGEMENT PRACTICE.— 

13 ‘‘(i) IN GENERAL.—The term ‘best 

14 management practice’ means a schedule of 

15 activities, prohibitions of practices, mainte16 nance procedures, and other management 

17 practices to prevent or reduce the pollution 

18 of— 

19 ‘‘(I) the waters of the United 

20 States; or 

21 ‘‘(II) the waters of the contiguous 

22 zone. 

23 ‘‘(ii) INCLUSIONS.—The term ‘best 

24 management practice’ includes any treat-
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1 ment requirement, operating procedure, or 

2 practice to control— 

3 ‘‘(I) vessel runoff; 

4 ‘‘(II) spillage or leaks; 

5 ‘‘(III) sludge or waste disposal; or 

6 ‘‘(IV) drainage from raw material 

7 storage. 

8 ‘‘(I) BEST PRACTICABLE CONTROL TECH9 NOLOGY CURRENTLY AVAILABLE.—The term ‘best 

10 practicable control technology currently avail11 able’ means— 

12 ‘‘(i) best practicable control technology 

13 currently available (within the meaning of 

14 section 301(b)(1)(A)); 

15 ‘‘(ii) best practicable control technology 

16 currently available (within the meaning of 

17 section 304(b)(1)); and 

18 ‘‘(iii) best practicable control tech19 nology currently available, as determined in 

20 accordance with section 125.3(d)(1) of title 

21 40, Code of Federal Regulations (or suc22 cessor regulations). 

23 ‘‘(J) CAPTAIN OF THE PORT ZONE.—The 

24 term ‘Captain of the Port Zone’ means a Cap25 tain of the Port Zone established by the Sec-
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1 retary pursuant to sections 92, 93, and 633 of 

2 title 14, United States Code. 

3 ‘‘(K) EMPTY BALLAST TANK.—The term 

4 ‘empty ballast tank’ means a tank that— 

5 ‘‘(i) has previously held ballast water 

6 that has been drained to the limit of the 

7 functional or operational capabilities of the 

8 tank (such as loss of suction); 

9 ‘‘(ii) is recorded as empty on a vessel 

10 log; and 

11 ‘‘(iii) contains unpumpable residual 

12 ballast water and sediment. 

13 ‘‘(L) GREAT LAKES COMMISSION.—The term 

14 ‘Great Lakes Commission’ means the Great 

15 Lakes Commission established by article IV A of 

16 the Great Lakes Compact to which Congress 

17 granted consent in the Act of July 24, 1968 

18 (Public Law 90–419; 82 Stat. 414). 

19 ‘‘(M) GREAT LAKES STATE.—The term 

20 ‘Great Lakes State’ means any of the States of— 

21 ‘‘(i) Illinois; 

22 ‘‘(ii) Indiana; 

23 ‘‘(iii) Michigan; 

24 ‘‘(iv) Minnesota; 

25 ‘‘(v) New York; 
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1 ‘‘(vi) Ohio; 

2 ‘‘(vii) Pennsylvania; and 

3 ‘‘(viii) Wisconsin. 

4 ‘‘(N) GREAT LAKES SYSTEM.—The term 

5 ‘Great Lakes System’ has the meaning given the 

6 term in section 118(a)(3). 

7 ‘‘(O) INTERNAL WATERS.—The term ‘inter8 nal waters’ has the meaning given the term in 

9 section 2.24 of title 33, Code of Federal Regula10 tions (or a successor regulation). 

11 ‘‘(P) MARINE POLLUTION CONTROL DE12 VICE.—The term ‘marine pollution control de13 vice’ means any equipment or management prac14 tice (or combination of equipment and a man15 agement practice), for installation or use on16 board a vessel, that is— 

17 ‘‘(i) designed to receive, retain, treat, 

18 control, or discharge a discharge incidental 

19 to the normal operation of a vessel; and 

20 ‘‘(ii) determined by the Administrator 

21 and the Secretary to be the most effective 

22 equipment or management practice (or com23 bination of equipment and a management 

24 practice) to reduce the environmental im25 pacts of the discharge, consistent with the 
286 

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1 factors for consideration described in para2 graphs (4) and (5). 

3 ‘‘(Q) NONINDIGENOUS SPECIES.—The term 

4 ‘nonindigenous species’ means an organism of a 

5 species that enters an ecosystem beyond the his6 toric range of the species. 

7 ‘‘(R) ORGANISM.—The term ‘organism’ in8 cludes— 

9 ‘‘(i) an animal, including fish and fish 

10 eggs and larvae; 

11 ‘‘(ii) a plant; 

12 ‘‘(iii) a pathogen; 

13 ‘‘(iv) a microbe; 

14 ‘‘(v) a virus; 

15 ‘‘(vi) a prokaryote (including any 

16 archean or bacterium); 

17 ‘‘(vii) a fungus; and 

18 ‘‘(viii) a protist. 

19 ‘‘(S) PACIFIC REGION.— 

20 ‘‘(i) IN GENERAL.—The term ‘Pacific 

21 Region’ means any Federal or State 

22 water— 

23 ‘‘(I) adjacent to the State of Alas24 ka, California, Hawaii, Oregon, or 

25 Washington; and 
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†S 140 EAS 

1 ‘‘(II) extending from shore. 

2 ‘‘(ii) INCLUSION.—The term ‘Pacific 

3 Region’ includes the entire exclusive eco4 nomic zone (as defined in section 1001 of 

5 the Oil Pollution Act of 1990 (33 U.S.C. 

6 2701)) adjacent to each State described in 

7 clause (i)(I). 

8 ‘‘(T) PORT OR PLACE OF DESTINATION.— 

9 The term ‘port or place of destination’ means a 

10 port or place to which a vessel is bound to an11 chor or moor. 

12 ‘‘(U) RENDER NONVIABLE.—The term 

13 ‘render nonviable’, with respect to an organism 

14 in ballast water, means the action of a ballast 

15 water management system that renders the orga16 nism permanently incapable of reproduction fol17 lowing treatment. 

18 ‘‘(V) SALTWATER FLUSH.— 

19 ‘‘(i) IN GENERAL.—The term ‘saltwater 

20 flush’ means— 

21 ‘‘(I)(aa) the addition of as much 

22 midocean water into each empty bal23 last tank of a vessel as is safe for the 

24 vessel and crew; and 
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1 ‘‘(bb) the mixing of the flushwater 

2 with residual ballast water and sedi3 ment through the motion of the vessel; 

4 and 

5 ‘‘(II) the discharge of that mixed 

6 water, such that the resultant residual 

7 water remaining in the tank— 

8 ‘‘(aa) has the highest salinity 

9 possible; and 

10 ‘‘(bb) is at least 30 parts per 

11 thousand. 

12 ‘‘(ii) MULTIPLE SEQUENCES.—For 

13 purposes of clause (i), a saltwater flush may 

14 require more than 1 fill-mix-empty se15 quence, particularly if only small quantities 

16 of water can be safely taken onboard a ves17 sel at 1 time. 

18 ‘‘(W) SECRETARY.—The term ‘Secretary’ 

19 means the Secretary of the department in which 

20 the Coast Guard is operating. 

21 ‘‘(X) SMALL VESSEL GENERAL PERMIT.— 

22 The term ‘Small Vessel General Permit’ means 

23 the permit that is the subject of the notice of 

24 final permit issuance entitled ‘Final National 

25 Pollutant Discharge Elimination System 
289 

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1 (NPDES) Small Vessel General Permit for Dis2 charges Incidental to the Normal Operation of 

3 Vessels Less Than 79 Feet’ (79 Fed. Reg. 53702 

4 (September 10, 2014)). 

5 ‘‘(Y) SMALL VESSEL OR FISHING VESSEL.— 

6 The term ‘small vessel or fishing vessel’ means a 

7 vessel that is— 

8 ‘‘(i) less than 79 feet in length; or 

9 ‘‘(ii) a fishing vessel, fish processing 

10 vessel, or fish tender vessel (as those terms 

11 are defined in section 2101 of title 46, 

12 United States Code), regardless of the length 

13 of the vessel. 

14 ‘‘(Z) VESSEL GENERAL PERMIT.—The term 

15 ‘Vessel General Permit’ means the permit that is 

16 the subject of the notice of final permit issuance 

17 entitled ‘Final National Pollutant Discharge 

18 Elimination System (NPDES) General Permit 

19 for Discharges Incidental to the Normal Oper20 ation of a Vessel’ (78 Fed. Reg. 21938 (April 12, 

21 2013)). 

22 ‘‘(2) APPLICABILITY.— 

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

24 subparagraph (B), this subsection applies to— 
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1 ‘‘(i) any discharge incidental to the 

2 normal operation of a vessel; and 

3 ‘‘(ii) any discharge incidental to the 

4 normal operation of a vessel (such as most 

5 graywater) that is commingled with sewage, 

6 subject to the conditions that— 

7 ‘‘(I) nothing in this subsection 

8 prevents a State from regulating sew9 age discharges; and 

10 ‘‘(II) any such commingled dis11 charge shall comply with all applicable 

12 requirements of— 

13 ‘‘(aa) this subsection; and 

14 ‘‘(bb) any law applicable to 

15 discharges of sewage. 

16 ‘‘(B) EXCLUSION.—This subsection does not 

17 apply to any discharge incidental to the normal 

18 operation of a vessel— 

19 ‘‘(i) from— 

20 ‘‘(I) a vessel of the Armed Forces 

21 subject to subsection (n); 

22 ‘‘(II) a recreational vessel subject 

23 to subsection (o); 

24 ‘‘(III) a small vessel or fishing 

25 vessel, except that this subsection shall 
291 

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1 apply to any discharge of ballast water 

2 from a small vessel or fishing vessel; or 

3 ‘‘(IV) a floating craft that is per4 manently moored to a pier, including 

5 a ‘floating’ casino, hotel, restaurant, or 

6 bar; 

7 ‘‘(ii) of ballast water from a vessel— 

8 ‘‘(I) that continuously takes on 

9 and discharges ballast water in a flow10 through system, if the Administrator 

11 determines that system cannot materi12 ally contribute to the spread or intro13 duction of an aquatic nuisance species 

14 into waters of the United States; 

15 ‘‘(II) in the National Defense Re16 serve Fleet that is scheduled for dis17 posal, if the vessel does not have an op18 erable ballast water management sys19 tem; 

20 ‘‘(III) that discharges ballast 

21 water consisting solely of water taken 

22 onboard from a public or commercial 

23 source that, at the time the water is 

24 taken onboard, meets the applicable re25 quirements or permit requirements of 
292 

†S 140 EAS 

1 the Safe Drinking Water Act (42 

2 U.S.C. 300f et seq.); 

3 ‘‘(IV) that carries all permanent 

4 ballast water in sealed tanks that are 

5 not subject to discharge; or 

6 ‘‘(V) that only discharges ballast 

7 water into a reception facility; or 

8 ‘‘(iii) that results from, or contains 

9 material derived from, an activity other 

10 than the normal operation of the vessel, 

11 such as material resulting from an indus12 trial or manufacturing process onboard the 

13 vessel. 

14 ‘‘(3) CONTINUATION IN EFFECT OF EXISTING RE15 QUIREMENTS.— 

16 ‘‘(A) VESSEL GENERAL PERMIT.—Notwith17 standing the expiration date of the Vessel Gen18 eral Permit or any other provision of law, all 

19 provisions of the Vessel General Permit shall re20 main in force and effect, and shall not be modi21 fied, until the applicable date described in sub22 paragraph (C). 

23 ‘‘(B) NONINDIGENOUS AQUATIC NUISANCE

24 PREVENTION AND CONTROL ACT REGULATIONS.— 

25 Notwithstanding section 903(a)(2)(A) of the Ves-
293 

†S 140 EAS 

1 sel Incidental Discharge Act of 2018, all regula2 tions promulgated by the Secretary pursuant to 

3 section 1101 of the Nonindigenous Aquatic Nui4 sance Prevention and Control Act of 1990 (16 

5 U.S.C. 4711) (as in effect on the day before the 

6 date of enactment of this subsection), including 

7 the regulations contained in subparts C and D 

8 of part 151 of title 33, Code of Federal Regula9 tions, and subpart 162.060 of part 162 of title 

10 46, Code of Federal Regulations (as in effect on 

11 the day before that date of enactment), shall re12 main in force and effect until the applicable date 

13 described in subparagraph (C). 

14 ‘‘(C) REPEAL ON EXISTENCE OF FINAL, EF15 FECTIVE, AND ENFORCEABLE REQUIREMENTS.— 

16 Effective beginning on the date on which the re17 quirements promulgated by the Secretary under 

18 subparagraphs (A), (B), and (C) of paragraph 

19 (5) with respect to every discharge incidental to 

20 the normal operation of a vessel that is subject 

21 to regulation under this subsection are final, ef22 fective, and enforceable, the requirements of the 

23 Vessel General Permit and the regulations de24 scribed in subparagraph (B) shall have no force 

25 or effect. 
294 

†S 140 EAS 

1 ‘‘(4) NATIONAL STANDARDS OF PERFORMANCE

2 FOR MARINE POLLUTION CONTROL DEVICES AND

3 WATER QUALITY ORDERS.— 

4 ‘‘(A) ESTABLISHMENT.— 

5 ‘‘(i) IN GENERAL.—Not later than 2 

6 years after the date of enactment of this 

7 subsection, the Administrator, in concur8 rence with the Secretary (subject to clause 

9 (ii)), and in consultation with interested 

10 Governors (subject to clause (iii)), shall pro11 mulgate Federal standards of performance 

12 for marine pollution control devices for each 

13 type of discharge incidental to the normal 

14 operation of a vessel that is subject to regu15 lation under this subsection. 

16 ‘‘(ii) CONCURRENCE WITH SEC17 RETARY.— 

18 ‘‘(I) REQUEST.—The Adminis19 trator shall submit to the Secretary a 

20 request for written concurrence with 

21 respect to a proposed standard of per22 formance under clause (i). 

23 ‘‘(II) EFFECT OF FAILURE TO

24 CONCUR.—A failure by the Secretary 

25 to concur with the Administrator 
295 

†S 140 EAS 

1 under clause (i) by the date that is 60 

2 days after the date on which the Ad3 ministrator submits a request for con4 currence under subclause (I) shall not 

5 prevent the Administrator from pro6 mulgating the relevant standard of 

7 performance in accordance with the 

8 deadline under clause (i), subject to the 

9 condition that the Administrator shall 

10 include in the administrative record of 

11 the promulgation— 

12 ‘‘(aa) documentation of the 

13 request submitted under subclause 

14 (I); and 

15 ‘‘(bb) the response of the Ad16 ministrator to any written objec17 tions received from the Secretary 

18 relating to the proposed standard 

19 of performance during the 60-day 

20 period beginning on the date of 

21 submission of the request. 

22 ‘‘(iii) CONSULTATION WITH GOV23 ERNORS.— 

24 ‘‘(I) IN GENERAL.—The Adminis25 trator, in promulgating a standard of 
296 

†S 140 EAS 

1 performance under clause (i), shall de2 velop the standard of performance— 

3 ‘‘(aa) in consultation with 

4 interested Governors; and 

5 ‘‘(bb) in accordance with the 

6 deadlines under that clause. 

7 ‘‘(II) PROCESS.—The Adminis8 trator shall develop a process for solic9 iting input from interested Governors, 

10 including information sharing relevant 

11 to such process, to allow interested 

12 Governors to inform the development of 

13 standards of performance under clause 

14 (i). 

15 ‘‘(III) OBJECTION BY GOV16 ERNORS.— 

17 ‘‘(aa) SUBMISSION.—An in18 terested Governor that objects to a 

19 proposed standard of performance 

20 under clause (i) may submit to 

21 the Administrator in writing a 

22 detailed objection to the proposed 

23 standard of performance, describ24 ing the scientific, technical, or 
297 

†S 140 EAS 

1 operational factors that form the 

2 basis of the objection. 

3 ‘‘(bb) RESPONSE.—Before fi4 nalizing a standard of perform5 ance under clause (i) that is sub6 ject to an objection under item 

7 (aa) from 1 or more interested 

8 Governors, the Administrator 

9 shall provide a written response to 

10 each interested Governor that sub11 mitted an objection under that 

12 item that details the scientific, 

13 technical, or operational factors 

14 that form the basis for that stand15 ard of performance. 

16 ‘‘(cc) JUDICIAL REVIEW.—A 

17 response of the Administrator 

18 under item (bb) shall not be sub19 ject to judicial review. 

20 ‘‘(iv) PROCEDURE.—The Adminis21 trator shall promulgate the standards of 

22 performance under this subparagraph in ac23 cordance with— 

24 ‘‘(I) this paragraph; and 
298 

†S 140 EAS 

1 ‘‘(II) section 553 of title 5, United 

2 States Code. 

3 ‘‘(B) STRINGENCY.— 

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

5 (iii), the standards of performance promul6 gated under this paragraph shall require— 

7 ‘‘(I) with respect to conventional 

8 pollutants, toxic pollutants, and non9 conventional pollutants (including 

10 aquatic nuisance species), the applica11 tion of the best practicable control tech12 nology currently available; 

13 ‘‘(II) with respect to conventional 

14 pollutants, the application of the best 

15 conventional pollutant control tech16 nology; and 

17 ‘‘(III) with respect to toxic pollut18 ants and nonconventional pollutants 

19 (including aquatic nuisance species), 

20 the application of the best available 

21 technology economically achievable for 

22 categories and classes of vessels, which 

23 shall result in reasonable progress to24 ward the national goal of eliminating 

25 discharges of all pollutants. 
299 

†S 140 EAS 

1 ‘‘(ii) BEST MANAGEMENT PRAC2 TICES.—The Administrator shall require the 

3 use of best management practices to control 

4 or abate any discharge incidental to the 

5 normal operation of a vessel if— 

6 ‘‘(I) numeric standards of per7 formance are infeasible under clause 

8 (i); or 

9 ‘‘(II) the best management prac10 tices are reasonably necessary— 

11 ‘‘(aa) to achieve the stand12 ards of performance; or 

13 ‘‘(bb) to carry out the pur14 pose and intent of this subsection. 

15 ‘‘(iii) MINIMUM REQUIREMENTS.— 

16 Subject to subparagraph (D)(ii)(II), the 

17 combination of any equipment or best man18 agement practice comprising a marine pol19 lution control device shall not be less strin20 gent than the following provisions of the 

21 Vessel General Permit: 

22 ‘‘(I) All requirements contained in 

23 parts 2.1 and 2.2 (relating to effluent 

24 limits and related requirements), in25 cluding with respect to waters subject 
300 

†S 140 EAS 

1 to Federal protection, in whole or in 

2 part, for conservation purposes. 

3 ‘‘(II) All requirements contained 

4 in part 5 (relating to vessel class-spe5 cific requirements) that concern efflu6 ent limits and authorized discharges 

7 (within the meaning of that part), in8 cluding with respect to waters subject 

9 to Federal protection, in whole or in 

10 part, for conservation purposes. 

11 ‘‘(C) CLASSES, TYPES, AND SIZES OF VES12 SELS.—The standards promulgated under this 

13 paragraph may distinguish— 

14 ‘‘(i) among classes, types, and sizes of 

15 vessels; and 

16 ‘‘(ii) between new vessels and existing 

17 vessels. 

18 ‘‘(D) REVIEW AND REVISION.— 

19 ‘‘(i) IN GENERAL.—Not less frequently 

20 than once every 5 years, the Administrator, 

21 in consultation with the Secretary, shall— 

22 ‘‘(I) review the standards of per23 formance in effect under this para24 graph; and 
301 

†S 140 EAS 

1 ‘‘(II) if appropriate, revise those 

2 standards of performance— 

3 ‘‘(aa) in accordance with 

4 subparagraphs (A) through (C); 

5 and 

6 ‘‘(bb) as necessary to estab7 lish requirements for any dis8 charge that is subject to regulation 

9 under this subsection. 

10 ‘‘(ii) MAINTAINING PROTECTIVE11 NESS.— 

12 ‘‘(I) IN GENERAL.—Except as pro13 vided in subclause (II), the Adminis14 trator shall not revise a standard of 

15 performance under this subsection to be 

16 less stringent than an applicable exist17 ing requirement. 

18 ‘‘(II) EXCEPTIONS.—The Admin19 istrator may revise a standard of per20 formance to be less stringent than an 

21 applicable existing requirement— 

22 ‘‘(aa) if information becomes 

23 available that— 

24 ‘‘(AA) was not reason25 ably available when the Ad-
302 

†S 140 EAS 

1 ministrator promulgated the 

2 initial standard of perform3 ance or comparable require4 ment of the Vessel General 

5 Permit, as applicable (in6 cluding the subsequent scar7 city or unavailability of ma8 terials used to control the rel9 evant discharge); and 

10 ‘‘(BB) would have justi11 fied the application of a less12 stringent standard of per13 formance at the time of pro14 mulgation; or 

15 ‘‘(bb) if the Administrator 

16 determines that a material tech17 nical mistake or misinterpretation 

18 of law occurred when promul19 gating the existing standard of 

20 performance or comparable re21 quirement of the Vessel General 

22 Permit, as applicable. 

23 ‘‘(E) BEST MANAGEMENT PRACTICES FOR

24 AQUATIC NUISANCE SPECIES EMERGENCIES AND

25 FURTHER PROTECTION OF WATER QUALITY.— 
303 

†S 140 EAS 

1 ‘‘(i) IN GENERAL.—Notwithstanding 

2 any other provision of this subsection, the 

3 Administrator, in concurrence with the Sec4 retary (subject to clause (ii)), and in con5 sultation with States, may require, by 

6 order, the use of an emergency best manage7 ment practice for any region or category of 

8 vessels in any case in which the Adminis9 trator determines that such a best manage10 ment practice— 

11 ‘‘(I) is necessary to reduce the rea12 sonably foreseeable risk of introduction 

13 or establishment of an aquatic nui14 sance species; or 

15 ‘‘(II) will mitigate the adverse ef16 fects of a discharge that contributes to 

17 a violation of a water quality require18 ment under section 303, other than a 

19 requirement based on the presence of 

20 an aquatic nuisance species. 

21 ‘‘(ii) CONCURRENCE WITH SEC22 RETARY.— 

23 ‘‘(I) REQUEST.—The Adminis24 trator shall submit to the Secretary a 
304 

†S 140 EAS 

1 request for written concurrence with 

2 respect to an order under clause (i). 

3 ‘‘(II) EFFECT OF FAILURE TO

4 CONCUR.—A failure by the Secretary 

5 to concur with the Administrator 

6 under clause (i) by the date that is 60 

7 days after the date on which the Ad8 ministrator submits a request for con9 currence under subclause (I) shall not 

10 prevent the Administrator from issuing 

11 the relevant order, subject to the condi12 tion that the Administrator shall in13 clude in the administrative record of 

14 the issuance— 

15 ‘‘(aa) documentation of the 

16 request submitted under subclause 

17 (I); and 

18 ‘‘(bb) the response of the Ad19 ministrator to any written objec20 tions received from the Secretary 

21 relating to the proposed order 

22 during the 60-day period begin23 ning on the date of submission of 

24 the request. 
305 

†S 140 EAS 

1 ‘‘(iii) DURATION.—An order issued by 

2 the Administrator under clause (i) shall ex3 pire not later than the date that is 4 years 

4 after the date of issuance. 

5 ‘‘(iv) EXTENSIONS.—The Adminis6 trator may reissue an order under clause (i) 

7 for such subsequent periods of not longer 

8 than 4 years as the Administrator deter9 mines to be appropriate. 

10 ‘‘(5) IMPLEMENTATION, COMPLIANCE, AND EN11 FORCEMENT REQUIREMENTS.— 

12 ‘‘(A) ESTABLISHMENT.— 

13 ‘‘(i) IN GENERAL.—As soon as prac14 ticable, but not later than 2 years, after the 

15 date on which the Administrator promul16 gates any new or revised standard of per17 formance under paragraph (4) with respect 

18 to a discharge, the Secretary, in consulta19 tion with States, shall promulgate the regu20 lations required under this paragraph with 

21 respect to that discharge. 

22 ‘‘(ii) MINIMUM REQUIREMENTS.—Sub23 ject to subparagraph (C)(ii)(II), the regula24 tions promulgated under this paragraph 

25 shall not be less stringent with respect to en-
306 

†S 140 EAS 

1 suring, monitoring, and enforcing compli2 ance than— 

3 ‘‘(I) the requirements contained in 

4 part 3 of the Vessel General Permit 

5 (relating to corrective actions); 

6 ‘‘(II) the requirements contained 

7 in part 4 of the Vessel General Permit 

8 (relating to inspections, monitoring, 

9 reporting, and recordkeeping), includ10 ing with respect to waters subject to 

11 Federal protection, in whole or in part, 

12 for conservation purposes; 

13 ‘‘(III) the requirements contained 

14 in part 5 of the Vessel General Permit 

15 (relating to vessel class-specific require16 ments) regarding monitoring, inspec17 tion, and educational and training re18 quirements (within the meaning of 

19 that part), including with respect to 

20 waters subject to Federal protection, in 

21 whole or in part, for conservation pur22 poses; and 

23 ‘‘(IV) any comparable, existing re24 quirements promulgated under the 

25 Nonindigenous Aquatic Nuisance Pre-
307 

†S 140 EAS 

1 vention and Control Act of 1990 (16 

2 U.S.C. 4701 et seq.) (including section 

3 1101 of that Act (16 U.S.C. 4711) (as 

4 in effect on the day before the date of 

5 enactment of this subsection)) applica6 ble to that discharge. 

7 ‘‘(iii) COORDINATION WITH STATES.— 

8 The Secretary, in coordination with the 

9 Governors of the States, shall develop, pub10 lish, and periodically update inspection, 

11 monitoring, data management, and enforce12 ment procedures for the enforcement by 

13 States of Federal standards and require14 ments under this subsection. 

15 ‘‘(iv) EFFECTIVE DATE.—In deter16 mining the effective date of a regulation 

17 promulgated under this paragraph, the Sec18 retary shall take into consideration the pe19 riod of time necessary— 

20 ‘‘(I) to communicate to affected 

21 persons the applicability of the regula22 tion; and 

23 ‘‘(II) for affected persons reason24 ably to comply with the regulation. 
308 

†S 140 EAS 

1 ‘‘(v) PROCEDURE.—The Secretary shall 

2 promulgate the regulations under this sub3 paragraph in accordance with— 

4 ‘‘(I) this paragraph; and 

5 ‘‘(II) section 553 of title 5, United 

6 States Code. 

7 ‘‘(B) IMPLEMENTATION REGULATIONS FOR

8 MARINE POLLUTION CONTROL DEVICES.—The 

9 Secretary shall promulgate such regulations gov10 erning the design, construction, testing, ap11 proval, installation, and use of marine pollution 

12 control devices as are necessary to ensure compli13 ance with the standards of performance promul14 gated under paragraph (4). 

15 ‘‘(C) COMPLIANCE ASSURANCE.— 

16 ‘‘(i) IN GENERAL.—The Secretary shall 

17 promulgate requirements (including re18 quirements for vessel owners and operators 

19 with respect to inspections, monitoring, re20 porting, sampling, and recordkeeping) to 

21 ensure, monitor, and enforce compliance 

22 with— 

23 ‘‘(I) the standards of performance 

24 promulgated by the Administrator 

25 under paragraph (4); and 
309 

†S 140 EAS 

1 ‘‘(II) the implementation regula2 tions promulgated by the Secretary 

3 under subparagraph (B). 

4 ‘‘(ii) MAINTAINING PROTECTIVE5 NESS.— 

6 ‘‘(I) IN GENERAL.—Except as pro7 vided in subclause (II), the Secretary 

8 shall not revise a requirement under 

9 this subparagraph or subparagraph 

10 (B) to be less stringent with respect to 

11 ensuring, monitoring, or enforcing 

12 compliance than an applicable existing 

13 requirement. 

14 ‘‘(II) EXCEPTIONS.—The Sec15 retary may revise a requirement under 

16 this subparagraph or subparagraph 

17 (B) to be less stringent than an appli18 cable existing requirement— 

19 ‘‘(aa) in accordance with this 

20 subparagraph or subparagraph 

21 (B), as applicable; 

22 ‘‘(bb) if information becomes 

23 available that— 

24 ‘‘(AA) the Adminis25 trator determines was not 
310 

†S 140 EAS 

1 reasonably available when 

2 the Administrator promul3 gated the existing require4 ment of the Vessel General 

5 Permit, or that the Secretary 

6 determines was not reason7 ably available when the Sec8 retary promulgated the exist9 ing requirement under the 

10 Nonindigenous Aquatic Nui11 sance Prevention and Control 

12 Act of 1990 (16 U.S.C. 4701 

13 et seq.) or the applicable ex14 isting requirement under this 

15 subparagraph, as applicable 

16 (including subsequent scar17 city or unavailability of ma18 terials used to control the rel19 evant discharge); and 

20 ‘‘(BB) would have justi21 fied the application of a less22 stringent requirement at the 

23 time of promulgation; or 

24 ‘‘(cc) if the Administrator de25 termines that a material technical 
311 

†S 140 EAS 

1 mistake or misinterpretation of 

2 law occurred when promulgating 

3 an existing requirement of the 

4 Vessel General Permit, or if the 

5 Secretary determines that a mate6 rial mistake or misinterpretation 

7 of law occurred when promul8 gating an existing requirement 

9 under the Nonindigenous Aquatic 

10 Nuisance Prevention and Control 

11 Act of 1990 (16 U.S.C. 4701 et 

12 seq.) or this subsection. 

13 ‘‘(D) DATA AVAILABILITY.—Beginning not 

14 later than 1 year after the date of enactment of 

15 this subsection, the Secretary shall provide to the 

16 Governor of a State, on request by the Governor, 

17 access to Automated Identification System ar18 rival data for inbound vessels to specific ports or 

19 places of destination in the State. 

20 ‘‘(6) ADDITIONAL PROVISIONS REGARDING BAL21 LAST WATER.— 

22 ‘‘(A) IN GENERAL.—In addition to the other 

23 applicable requirements of this subsection, the re24 quirements of this paragraph shall apply with 

25 respect to any discharge incidental to the normal 
312 

†S 140 EAS 

1 operation of a vessel that is a discharge of ballast 

2 water. 

3 ‘‘(B) EMPTY BALLAST TANKS.— 

4 ‘‘(i) REQUIREMENTS.—Except as pro5 vided in clause (ii), the owner or operator 

6 of a vessel with empty ballast tanks bound 

7 for a port or place of destination subject to 

8 the jurisdiction of the United States shall, 

9 prior to arriving at that port or place of 

10 destination, conduct a ballast water ex11 change or saltwater flush— 

12 ‘‘(I) not less than 200 nautical 

13 miles from any shore for a voyage orig14 inating outside the United States or 

15 Canadian exclusive economic zone; or 

16 ‘‘(II) not less than 50 nautical 

17 miles from any shore for a voyage orig18 inating within the United States or 

19 Canadian exclusive economic zone. 

20 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 

21 not apply— 

22 ‘‘(I) if the unpumpable residual 

23 waters and sediments of an empty bal24 last tank were subject to treatment, in 

25 compliance with applicable require-
313 

†S 140 EAS 

1 ments, through a type-approved ballast 

2 water management system approved by 

3 the Secretary; 

4 ‘‘(II) except as otherwise required 

5 under this subsection, if the 

6 unpumpable residual waters and sedi7 ments of an empty ballast tank were 

8 sourced within— 

9 ‘‘(aa) the same port or place 

10 of destination; or 

11 ‘‘(bb) contiguous portions of 

12 a single Captain of the Port Zone; 

13 ‘‘(III) if complying with an ap14 plicable requirement of clause (i)— 

15 ‘‘(aa) would compromise the 

16 safety of the vessel; or 

17 ‘‘(bb) is otherwise prohibited 

18 by any Federal, Canadian, or 

19 international law (including regu20 lations) pertaining to vessel safe21 ty; 

22 ‘‘(IV) if design limitations of the 

23 vessel prevent a ballast water exchange 

24 or saltwater flush from being conducted 

25 in accordance with clause (i); or 
314 

†S 140 EAS 

1 ‘‘(V) if the vessel is operating ex2 clusively within the internal waters of 

3 the United States or Canada. 

4 ‘‘(C) PERIOD OF USE OF INSTALLED BAL5 LAST WATER MANAGEMENT SYSTEMS.— 

6 ‘‘(i) IN GENERAL.—Except as provided 

7 in clause (ii), a vessel shall be deemed to be 

8 in compliance with a standard of perform9 ance for a marine pollution control device 

10 that is a ballast water management system 

11 if the ballast water management system— 

12 ‘‘(I) is maintained in proper 

13 working condition, as determined by 

14 the Secretary; 

15 ‘‘(II) is maintained and used in 

16 accordance with manufacturer speci17 fications; 

18 ‘‘(III) continues to meet the bal19 last water discharge standard applica20 ble to the vessel at the time of installa21 tion, as determined by the Secretary; 

22 and 

23 ‘‘(IV) has in effect a valid type24 approval certificate issued by the Sec25 retary. 
315 

†S 140 EAS 

1 ‘‘(ii) LIMITATION.—Clause (i) shall 

2 cease to apply with respect to any vessel on, 

3 as applicable— 

4 ‘‘(I) the expiration of the service 

5 life, as determined by the Secretary, 

6 of— 

7 ‘‘(aa) the ballast water man8 agement system; or 

9 ‘‘(bb) the vessel; 

10 ‘‘(II) the completion of a major 

11 conversion (as defined in section 2101 

12 of title 46, United States Code) of the 

13 vessel; or 

14 ‘‘(III) a determination by the Sec15 retary that there are other type-ap16 proved systems for the vessel or cat17 egory of vessels, with respect to the use 

18 of which the environmental, health, 

19 and economic benefits would exceed the 

20 costs. 

21 ‘‘(D) REVIEW OF BALLAST WATER MANAGE22 MENT SYSTEM TYPE-APPROVAL TESTING METH23 ODS.— 

24 ‘‘(i) DEFINITION OF LIVE; LIVING.— 

25 Notwithstanding any other provision of law 
316 

†S 140 EAS 

1 (including regulations), for purposes of sec2 tion 151.1511 of title 33, and part 162 of 

3 title 46, Code of Federal Regulations (or 

4 successor regulations), the terms ‘live’ and 

5 ‘living’ shall not— 

6 ‘‘(I) include an organism that has 

7 been rendered nonviable; or 

8 ‘‘(II) preclude the consideration of 

9 any method of measuring the con10 centration of organisms in ballast 

11 water that are capable of reproduction. 

12 ‘‘(ii) DRAFT POLICY.—Not later than 

13 180 days after the date of enactment of this 

14 subsection, the Secretary, in coordination 

15 with the Administrator, shall publish a 

16 draft policy letter, based on the best avail17 able science, describing type-approval test18 ing methods and protocols for ballast water 

19 management systems, if any, that— 

20 ‘‘(I) render nonviable organisms 

21 in ballast water; and 

22 ‘‘(II) may be used in addition to 

23 the methods established under subpart 

24 162.060 of title 46, Code of Federal 
317 

†S 140 EAS 

1 Regulations (or successor regula2 tions)— 

3 ‘‘(aa) to measure the con4 centration of organisms in ballast 

5 water that are capable of repro6 duction; 

7 ‘‘(bb) to certify the perform8 ance of each ballast water man9 agement system under this sub10 section; and 

11 ‘‘(cc) to certify laboratories 

12 to evaluate applicable treatment 

13 technologies. 

14 ‘‘(iii) PUBLIC COMMENT.—The Sec15 retary shall provide a period of not more 

16 than 60 days for public comment regarding 

17 the draft policy letter published under 

18 clause (ii). 

19 ‘‘(iv) FINAL POLICY.— 

20 ‘‘(I) IN GENERAL.—Not later than 

21 1 year after the date of enactment of 

22 this subsection, the Secretary, in co23 ordination with the Administrator, 

24 shall publish a final policy letter de25 scribing type-approval testing methods, 
318 

†S 140 EAS 

1 if any, for ballast water management 

2 systems that render nonviable orga3 nisms in ballast water. 

4 ‘‘(II) METHOD OF EVALUATION.— 

5 The ballast water management systems 

6 under subclause (I) shall be evaluated 

7 by measuring the concentration of or8 ganisms in ballast water that are ca9 pable of reproduction based on the best 

10 available science that may be used in 

11 addition to the methods established 

12 under subpart 162.060 of title 46, Code 

13 of Federal Regulations (or successor 

14 regulations). 

15 ‘‘(III) REVISIONS.—The Secretary 

16 shall revise the final policy letter under 

17 subclause (I) in any case in which the 

18 Secretary, in coordination with the 

19 Administrator, determines that addi20 tional testing methods are capable of 

21 measuring the concentration of orga22 nisms in ballast water that have not 

23 been rendered nonviable. 

24 ‘‘(v) FACTORS FOR CONSIDERATION.— 

25 In developing a policy letter under this sub-
319 

†S 140 EAS 

1 paragraph, the Secretary, in coordination 

2 with the Administrator— 

3 ‘‘(I) shall take into consideration 

4 a testing method that uses organism 

5 grow-out and most probable number 

6 statistical analysis to determine the 

7 concentration of organisms in ballast 

8 water that are capable of reproduction; 

9 and 

10 ‘‘(II) shall not take into consider11 ation a testing method that relies on a 

12 staining method that measures the con13 centration of— 

14 ‘‘(aa) organisms greater than 

15 or equal to 10 micrometers; and 

16 ‘‘(bb) organisms less than or 

17 equal to 50 micrometers. 

18 ‘‘(E) INTERGOVERNMENTAL RESPONSE

19 FRAMEWORK.— 

20 ‘‘(i) IN GENERAL.—The Secretary, in 

21 consultation with the Administrator and 

22 acting in coordination with, or through, the 

23 Aquatic Nuisance Species Task Force estab24 lished by section 1201(a) of the Nonindige25 nous Aquatic Nuisance Prevention and 
320 

†S 140 EAS 

1 Control Act of 1990 (16 U.S.C. 4721(a)), 

2 shall establish a framework for Federal and 

3 intergovernmental response to aquatic nui4 sance species risks from discharges from ves5 sels subject to ballast water and incidental 

6 discharge compliance requirements under 

7 this subsection, including the introduction, 

8 spread, and establishment of aquatic nui9 sance species populations. 

10 ‘‘(ii) BALLAST DISCHARGE RISK RE11 SPONSE.—The Administrator, in coordina12 tion with the Secretary and taking into 

13 consideration information from the Na14 tional Ballast Information Clearinghouse 

15 developed under section 1102(f) of the Non16 indigenous Aquatic Nuisance Prevention 

17 and Control Act of 1990 (16 U.S.C. 

18 4712(f)), shall establish a risk assessment 

19 and response framework using ballast water 

20 discharge data and aquatic nuisance species 

21 monitoring data for the purposes of— 

22 ‘‘(I) identifying and tracking pop23 ulations of aquatic invasive species; 

24 ‘‘(II) evaluating the risk of any 

25 aquatic nuisance species population 
321 

†S 140 EAS 

1 tracked under subclause (I) estab2 lishing and spreading in waters of the 

3 United States or waters of the contig4 uous zone; and 

5 ‘‘(III) establishing emergency best 

6 management practices that may be de7 ployed rapidly, in a local or regional 

8 manner, to respond to emerging aquat9 ic nuisance species threats. 

10 ‘‘(7) PETITIONS BY GOVERNORS FOR REVIEW.— 

11 ‘‘(A) IN GENERAL.—The Governor of a 

12 State (or a designee) may submit to the Admin13 istrator or the Secretary a petition— 

14 ‘‘(i) to issue an order under paragraph 

15 (4)(E); or 

16 ‘‘(ii) to review any standard of per17 formance, regulation, or policy promulgated 

18 under paragraph (4), (5), or (6), respec19 tively, if there exists new information that 

20 could reasonably result in a change to— 

21 ‘‘(I) the standard of performance, 

22 regulation, or policy; or 

23 ‘‘(II) a determination on which 

24 the standard of performance, regula25 tion, or policy was based. 
322 

†S 140 EAS 

1 ‘‘(B) INCLUSION.—A petition under sub2 paragraph (A) shall include a description of any 

3 applicable scientific or technical information 

4 that forms the basis of the petition. 

5 ‘‘(C) DETERMINATION.— 

6 ‘‘(i) TIMING.—The Administrator or 

7 the Secretary, as applicable, shall grant or 

8 deny— 

9 ‘‘(I) a petition under subpara10 graph (A)(i) by not later than the date 

11 that is 180 days after the date on 

12 which the petition is submitted; and 

13 ‘‘(II) a petition under subpara14 graph (A)(ii) by not later than the 

15 date that is 1 year after the date on 

16 which the petition is submitted. 

17 ‘‘(ii) EFFECT OF GRANT.—If the Ad18 ministrator or the Secretary determines 

19 under clause (i) to grant a petition— 

20 ‘‘(I) in the case of a petition 

21 under subparagraph (A)(i), the Ad22 ministrator shall immediately issue the 

23 relevant order under paragraph (4)(E); 

24 or 
323 

†S 140 EAS 

1 ‘‘(II) in the case of a petition 

2 under subparagraph (A)(ii), the Ad3 ministrator or Secretary shall publish 

4 in the Federal Register, by not later 

5 than 30 days after the date of that de6 termination, a notice of proposed rule7 making to revise the relevant standard, 

8 requirement, regulation, or policy 

9 under paragraph (4), (5), or (6), as 

10 applicable. 

11 ‘‘(iii) NOTICE OF DENIAL.—If the Ad12 ministrator or the Secretary determines 

13 under clause (i) to deny a petition, the Ad14 ministrator or Secretary shall publish in 

15 the Federal Register, by not later than 30 

16 days after the date of that determination, a 

17 detailed explanation of the scientific, tech18 nical, or operational factors that form the 

19 basis of the determination. 

20 ‘‘(iv) REVIEW.—A determination by 

21 the Administrator or the Secretary under 

22 clause (i) to deny a petition shall be— 

23 ‘‘(I) considered to be a final agen24 cy action; and 
324 

†S 140 EAS 

1 ‘‘(II) subject to judicial review in 

2 accordance with section 509, subject to 

3 clause (v). 

4 ‘‘(v) EXCEPTIONS.— 

5 ‘‘(I) VENUE.—Notwithstanding 

6 section 509(b), a petition for review of 

7 a determination by the Administrator 

8 or the Secretary under clause (i) to 

9 deny a petition submitted by the Gov10 ernor of a State under subparagraph 

11 (A) may be filed in any United States 

12 district court of competent jurisdiction. 

13 ‘‘(II) DEADLINE FOR FILING.— 

14 Notwithstanding section 509(b), a peti15 tion for review of a determination by 

16 the Administrator or the Secretary 

17 under clause (i) shall be filed by not 

18 later than 180 days after the date on 

19 which the justification for the deter20 mination is published in the Federal 

21 Register under clause (iii). 

22 ‘‘(8) PROHIBITION.— 

23 ‘‘(A) IN GENERAL.—It shall be unlawful for 

24 any person to violate— 
325 

†S 140 EAS 

1 ‘‘(i) a provision of the Vessel General 

2 Permit in force and effect under paragraph 

3 (3)(A); 

4 ‘‘(ii) a regulation promulgated pursu5 ant to section 1101 of the Nonindigenous 

6 Aquatic Nuisance Prevention and Control 

7 Act of 1990 (16 U.S.C. 4711) (as in effect 

8 on the day before the date of enactment of 

9 this subsection) in force and effect under 

10 paragraph (3)(B); or 

11 ‘‘(iii) an applicable requirement or 

12 regulation under this subsection. 

13 ‘‘(B) COMPLIANCE WITH REGULATIONS.— 

14 Effective beginning on the effective date of a reg15 ulation promulgated under paragraph (4), (5), 

16 (6), or (10), as applicable, it shall be unlawful 

17 for the owner or operator of a vessel subject to 

18 the regulation— 

19 ‘‘(i) to discharge any discharge inci20 dental to the normal operation of the vessel 

21 into waters of the United States or waters 

22 of the contiguous zone, except in compliance 

23 with the regulation; or 

24 ‘‘(ii) to operate in waters of the United 

25 States or waters of the contiguous zone, if 
326 

†S 140 EAS 

1 the vessel is not equipped with a required 

2 marine pollution control device that com3 plies with the requirements established 

4 under this subsection, unless— 

5 ‘‘(I) the owner or operator of the 

6 vessel denotes in an entry in the offi7 cial logbook of the vessel that the equip8 ment was not operational; and 

9 ‘‘(II) either— 

10 ‘‘(aa) the applicable dis11 charge was avoided; or 

12 ‘‘(bb) an alternate compli13 ance option approved by the Sec14 retary as meeting the applicable 

15 standard was employed. 

16 ‘‘(C) AFFIRMATIVE DEFENSE.—No person 

17 shall be found to be in violation of this para18 graph if— 

19 ‘‘(i) the violation was in the interest of 

20 ensuring the safety of life at sea, as deter21 mined by the Secretary; and 

22 ‘‘(ii) the applicable emergency cir23 cumstance was not the result of negligence 

24 or malfeasance on the part of— 
327 

†S 140 EAS 

1 ‘‘(I) the owner or operator of the 

2 vessel; 

3 ‘‘(II) the master of the vessel; or 

4 ‘‘(III) the person in charge of the 

5 vessel. 

6 ‘‘(D) TREATMENT.—Each day of continuing 

7 violation of an applicable requirement of this 

8 subsection shall constitute a separate offense. 

9 ‘‘(E) IN REM LIABILITY.—A vessel operated 

10 in violation of this subsection is liable in rem for 

11 any civil penalty assessed for the violation. 

12 ‘‘(F) REVOCATION OF CLEARANCE.—The 

13 Secretary shall withhold or revoke the clearance 

14 of a vessel required under section 60105 of title 

15 46, United States Code, if the owner or operator 

16 of the vessel is in violation of this subsection. 

17 ‘‘(9) EFFECT ON OTHER LAWS.— 

18 ‘‘(A) STATE AUTHORITY.— 

19 ‘‘(i) IN GENERAL.—Except as provided 

20 in clauses (ii) through (v) and paragraph 

21 (10), effective beginning on the date on 

22 which the requirements promulgated by the 

23 Secretary under subparagraphs (A), (B), 

24 and (C) of paragraph (5) with respect to 

25 every discharge incidental to the normal op-
328 

†S 140 EAS 

1 eration of a vessel that is subject to regula2 tion under this subsection are final, effec3 tive, and enforceable, no State, political 

4 subdivision of a State, or interstate agency 

5 may adopt or enforce any law, regulation, 

6 or other requirement of the State, political 

7 subdivision, or interstate agency with re8 spect to any such discharge. 

9 ‘‘(ii) IDENTICAL OR LESSER STATE

10 LAWS.—Clause (i) shall not apply to any 

11 law, regulation, or other requirement of a 

12 State, political subdivision of a State, or 

13 interstate agency in effect on or after the 

14 date of enactment of this subsection— 

15 ‘‘(I) that is identical to a Federal 

16 requirement under this subsection ap17 plicable to the relevant discharge; or 

18 ‘‘(II) compliance with which 

19 would be achieved concurrently in 

20 achieving compliance with a Federal 

21 requirement under this subsection ap22 plicable to the relevant discharge. 

23 ‘‘(iii) STATE ENFORCEMENT OF FED24 ERAL REQUIREMENTS.—A State may en25 force any standard of performance or other 
329 

†S 140 EAS 

1 Federal requirement of this subsection in 

2 accordance with subsection (k) or other ap3 plicable Federal authority. 

4 ‘‘(iv) EXCEPTION FOR CERTAIN

5 FEES.— 

6 ‘‘(I) IN GENERAL.—Subject to 

7 subclauses (II) and (III), a State that 

8 assesses any fee pursuant to any State 

9 or Federal law relating to the regula10 tion of a discharge incidental to the 

11 normal operation of a vessel before the 

12 date of enactment of this subsection 

13 may assess or retain a fee to cover the 

14 costs of administration, inspection, 

15 monitoring, and enforcement activities 

16 by the State to achieve compliance 

17 with the applicable requirements of 

18 this subsection. 

19 ‘‘(II) MAXIMUM AMOUNT.— 

20 ‘‘(aa) IN GENERAL.—Except 

21 as provided in item (bb), a State 

22 may assess a fee for activities 

23 under this clause equal to not 

24 more than $1,000 against the 
330 

†S 140 EAS 

1 owner or operator of a vessel 

2 that— 

3 ‘‘(AA) has operated out4 side of that State; and 

5 ‘‘(BB) arrives at a port 

6 or place of destination in the 

7 State (excluding movement 

8 entirely within a single port 

9 or place of destination). 

10 ‘‘(bb) VESSELS ENGAGED IN

11 COASTWISE TRADE.—A State may 

12 assess against the owner or oper13 ator of a vessel registered in ac14 cordance with applicable Federal 

15 law and lawfully engaged in the 

16 coastwise trade not more than 

17 $5,000 in fees under this clause 

18 per vessel during a calendar year. 

19 ‘‘(III) ADJUSTMENT FOR INFLA20 TION.— 

21 ‘‘(aa) IN GENERAL.—A State 

22 may adjust the amount of a fee 

23 authorized under this clause not 

24 more frequently than once every 5 

25 years to reflect the percentage by 
331 

†S 140 EAS 

1 which the Consumer Price Index 

2 for All Urban Consumers pub3 lished by the Department of Labor 

4 for the month of October imme5 diately preceding the date of ad6 justment exceeds the Consumer 

7 Price Index for All Urban Con8 sumers published by the Depart9 ment of Labor for the month of 

10 October that immediately precedes 

11 the date that is 5 years before the 

12 date of adjustment. 

13 ‘‘(bb) EFFECT OF SUB14 CLAUSE.—Nothing in this sub15 clause prevents a State from ad16 justing a fee in effect before the 

17 date of enactment of this sub18 section to the applicable max19 imum amount under subclause 

20 (II). 

21 ‘‘(cc) APPLICABILITY.—This 

22 subclause applies only to increases 

23 in fees to amounts greater than 

24 the applicable maximum amount 

25 under subclause (II). 
332 

†S 140 EAS 

1 ‘‘(v) ALASKA GRAYWATER.—Clause (i) 

2 shall not apply with respect to any dis3 charge of graywater (as defined in section 

4 1414 of the Consolidated Appropriations 

5 Act, 2001 (Public Law 106–554; 114 Stat. 

6 2763A–323)) from a passenger vessel (as de7 fined in section 2101 of title 46, United 

8 States Code) in the State of Alaska (includ9 ing all waters in the Alexander Archi10 pelago) carrying 50 or more passengers. 

11 ‘‘(vi) PRESERVATION OF AUTHORITY.— 

12 Nothing in this subsection preempts any 

13 State law, public initiative, referendum, 

14 regulation, requirement, or other State ac15 tion, except as expressly provided in this 

16 subsection. 

17 ‘‘(B) ESTABLISHED REGIMES.—Except as 

18 expressly provided in this subsection, nothing in 

19 this subsection affects the applicability to a ves20 sel of any other provision of Federal law, includ21 ing— 

22 ‘‘(i) this section; 

23 ‘‘(ii) section 311; 

24 ‘‘(iii) the Act to Prevent Pollution 

25 from Ships (33 U.S.C. 1901 et seq.); and 
333 

†S 140 EAS 

1 ‘‘(iv) title X of the Coast Guard Au2 thorization Act of 2010 (33 U.S.C. 3801 et 

3 seq.). 

4 ‘‘(C) PERMITTING.—Effective beginning on 

5 the date of enactment of this subsection— 

6 ‘‘(i) the Small Vessel General Permit is 

7 repealed; and 

8 ‘‘(ii) the Administrator, or a State in 

9 the case of a permit program approved 

10 under section 402, shall not require, or in 

11 any way modify, a permit under that sec12 tion for— 

13 ‘‘(I) any discharge that is subject 

14 to regulation under this subsection; 

15 ‘‘(II) any discharge incidental to 

16 the normal operation of a vessel from 

17 a small vessel or fishing vessel, regard18 less of whether that discharge is subject 

19 to regulation under this subsection; or 

20 ‘‘(III) any discharge described in 

21 paragraph (2)(B)(ii). 

22 ‘‘(D) NO EFFECT ON CIVIL OR CRIMINAL AC23 TIONS.—Nothing in this subsection, or any 

24 standard, regulation, or requirement established 
334 

†S 140 EAS 

1 under this subsection, modifies or otherwise af2 fects, preempts, or displaces— 

3 ‘‘(i) any cause of action; or 

4 ‘‘(ii) any provision of Federal or State 

5 law establishing a remedy for civil relief or 

6 criminal penalty. 

7 ‘‘(E) NO EFFECT ON CERTAIN SECRETARIAL

8 AUTHORITY.—Nothing in this subsection affects 

9 the authority of the Secretary of Commerce or 

10 the Secretary of the Interior to administer any 

11 land or waters under the administrative control 

12 of the Secretary of Commerce or the Secretary of 

13 the Interior, respectively. 

14 ‘‘(F) NO LIMITATION ON STATE INSPECTION

15 AUTHORITY.—Nothing in this subsection limits 

16 the authority of a State to inspect a vessel pur17 suant to paragraph (5)(A)(iii) in order to mon18 itor compliance with an applicable requirement 

19 of this section. 

20 ‘‘(10) ADDITIONAL REGIONAL REQUIREMENTS.— 

21 ‘‘(A) MINIMUM GREAT LAKES SYSTEM RE22 QUIREMENTS.— 

23 ‘‘(i) IN GENERAL.—Except as provided 

24 in clause (ii), the owner or operator of a 

25 vessel entering the St. Lawrence Seaway 
335 

†S 140 EAS 

1 through the mouth of the St. Lawrence 

2 River shall conduct a complete ballast water 

3 exchange or saltwater flush— 

4 ‘‘(I) not less than 200 nautical 

5 miles from any shore for a voyage orig6 inating outside the United States or 

7 Canadian exclusive economic zone; or 

8 ‘‘(II) not less than 50 nautical 

9 miles from any shore for a voyage orig10 inating within the United States or 

11 Canadian exclusive economic zone. 

12 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 

13 not apply to a vessel if— 

14 ‘‘(I) complying with an applicable 

15 requirement of clause (i)— 

16 ‘‘(aa) would compromise the 

17 safety of the vessel; or 

18 ‘‘(bb) is otherwise prohibited 

19 by any Federal, Canadian, or 

20 international law (including regu21 lations) pertaining to vessel safe22 ty; 

23 ‘‘(II) design limitations of the ves24 sel prevent a ballast water exchange 

25 from being conducted in accordance 
336 

†S 140 EAS 

1 with an applicable requirement of 

2 clause (i); 

3 ‘‘(III) the vessel— 

4 ‘‘(aa) is certified by the Sec5 retary as having no residual bal6 last water or sediments onboard; 

7 or 

8 ‘‘(bb) retains all ballast 

9 water while in waters subject to 

10 the requirement; or 

11 ‘‘(IV) empty ballast tanks on the 

12 vessel are sealed and certified by the 

13 Secretary in a manner that ensures 

14 that— 

15 ‘‘(aa) no discharge or uptake 

16 occurs; and 

17 ‘‘(bb) any subsequent dis18 charge of ballast water is subject 

19 to the requirement. 

20 ‘‘(B) ENHANCED GREAT LAKES SYSTEM RE21 QUIREMENTS.— 

22 ‘‘(i) PETITIONS BY GOVERNORS FOR

23 PROPOSED ENHANCED STANDARDS AND RE24 QUIREMENTS.— 
337 

†S 140 EAS 

1 ‘‘(I) IN GENERAL.—The Governor 

2 of a Great Lakes State (or a State em3 ployee designee) may submit a petition 

4 in accordance with subclause (II) to 

5 propose that other Governors of Great 

6 Lakes States endorse an enhanced 

7 standard of performance or other re8 quirement with respect to any dis9 charge that— 

10 ‘‘(aa) is subject to regulation 

11 under this subsection; and 

12 ‘‘(bb) occurs within the Great 

13 Lakes System. 

14 ‘‘(II) SUBMISSION.—A Governor 

15 shall submit a petition under subclause 

16 (I), in writing, to— 

17 ‘‘(aa) the Executive Director 

18 of the Great Lakes Commission, 

19 in such manner as may be pre20 scribed by the Great Lakes Com21 mission; 

22 ‘‘(bb) the Governor of each 

23 other Great Lakes State; and 

24 ‘‘(cc) the Director of the 

25 Great Lakes National Program 
338 

†S 140 EAS 

1 Office established by section 

2 118(b). 

3 ‘‘(III) PRELIMINARY ASSESSMENT

4 BY GREAT LAKES COMMISSION.— 

5 ‘‘(aa) IN GENERAL.—After 

6 the date of receipt of a petition 

7 under subclause (II)(aa), the 

8 Great Lakes Commission (acting 

9 through the Great Lakes Panel on 

10 Aquatic Nuisance Species, to the 

11 maximum extent practicable) may 

12 develop a preliminary assessment 

13 regarding each enhanced standard 

14 of performance or other require15 ment described in the petition. 

16 ‘‘(bb) PROVISIONS.—The pre17 liminary assessment developed by 

18 the Great Lakes Commission 

19 under item (aa)— 

20 ‘‘(AA) may be developed 

21 in consultation with relevant 

22 experts and stakeholders; 

23 ‘‘(BB) may be narrative 

24 in nature; 
339 

†S 140 EAS 

1 ‘‘(CC) may include the 

2 preliminary views, if any, of 

3 the Great Lakes Commission 

4 on the propriety of the pro5 posed enhanced standard of 

6 performance or other require7 ment; 

8 ‘‘(DD) shall be sub9 mitted, in writing, to the 

10 Governor of each Great Lakes 

11 State and the Director of the 

12 Great Lakes National Pro13 gram Office and published on 

14 the internet website of the 

15 Great Lakes National Pro16 gram Office; and 

17 ‘‘(EE) except as pro18 vided in clause (iii), shall 

19 not be taken into consider20 ation, or provide a basis for 

21 review, by the Administrator 

22 or the Secretary for purposes 

23 of that clause. 

24 ‘‘(ii) PROPOSED ENHANCED STAND25 ARDS AND REQUIREMENTS.— 
340 

†S 140 EAS 

1 ‘‘(I) PUBLICATION IN FEDERAL

2 REGISTER.— 

3 ‘‘(aa) REQUEST BY GOV4 ERNOR.—Not earlier than the date 

5 that is 90 days after the date on 

6 which the Executive Director of 

7 the Great Lakes Commission re8 ceives from a Governor of a Great 

9 Lakes State a petition under 

10 clause (i)(II)(aa), the Governor 

11 may request the Director of the 

12 Great Lakes National Program 

13 Office to publish, for a period re14 quested by the Governor of not less 

15 than 30 days, and the Director 

16 shall so publish, in the Federal 

17 Register for public comment— 

18 ‘‘(AA) a copy of the pe19 tition; and 

20 ‘‘(BB) if applicable as 

21 of the date of publication, 

22 any preliminary assessment 

23 of the Great Lakes Commis24 sion developed under clause 
341 

†S 140 EAS 

1 (i)(III) relating to the peti2 tion. 

3 ‘‘(bb) REVIEW OF PUBLIC

4 COMMENTS.—On receipt of a writ5 ten request of a Governor of a 

6 Great Lakes State, the Director of 

7 the Great Lakes National Pro8 gram Office shall make available 

9 all public comments received in 

10 response to the notice under item 

11 (aa). 

12 ‘‘(cc) NO RESPONSE RE13 QUIRED.—Notwithstanding any 

14 other provision of law, a Governor 

15 of a Great Lakes State or the Di16 rector of the Great Lakes National 

17 Program Office shall not be re18 quired to provide a response to 

19 any comment received in response 

20 to the publication of a petition or 

21 preliminary assessment under 

22 item (aa). 

23 ‘‘(dd) PURPOSE.—Any public 

24 comments received in response to 

25 the publication of a petition or 
342 

†S 140 EAS 

1 preliminary assessment under 

2 item (aa) shall be used solely for 

3 the purpose of providing informa4 tion and feedback to the Governor 

5 of each Great Lakes State regard6 ing the decision to endorse the 

7 proposed standard or requirement. 

8 ‘‘(ee) EFFECT OF PETI9 TION.—A proposed standard or 

10 requirement developed under sub11 clause (II) may differ from the 

12 proposed standard or requirement 

13 described in a petition published 

14 under item (aa). 

15 ‘‘(II) COORDINATION TO DEVELOP

16 PROPOSED STANDARD OR REQUIRE17 MENT.—After the expiration of the 

18 public comment period for the petition 

19 under subclause (I), any interested 

20 Governor of a Great Lakes State may 

21 work in coordination with the Great 

22 Lakes Commission to develop a pro23 posed standard of performance or other 

24 requirement applicable to a discharge 

25 referred to in the petition. 
343 

†S 140 EAS 

1 ‘‘(III) REQUIREMENTS.—A pro2 posed standard of performance or other 

3 requirement under subclause (II)— 

4 ‘‘(aa) shall be developed— 

5 ‘‘(AA) in consultation 

6 with representatives from the 

7 Federal and provincial gov8 ernments of Canada; 

9 ‘‘(BB) after notice and 

10 opportunity for public com11 ment on the petition pub12 lished under subclause (I); 

13 and 

14 ‘‘(CC) taking into con15 sideration the preliminary 

16 assessment, if any, of the 

17 Great Lakes Commission 

18 under clause (i)(III); 

19 ‘‘(bb) shall be specifically en20 dorsed in writing by— 

21 ‘‘(AA) the Governor of 

22 each Great Lakes State, if the 

23 proposed standard or re24 quirement would impose any 
344 

†S 140 EAS 

1 additional equipment re2 quirement on a vessel; or 

3 ‘‘(BB) not fewer than 5 

4 Governors of Great Lakes 

5 States, if the proposed stand6 ard or requirement would 

7 not impose any additional 

8 equipment requirement on a 

9 vessel; and 

10 ‘‘(cc) in the case of a pro11 posed requirement to prohibit 1 or 

12 more types of discharge regulated 

13 under this subsection, whether 

14 treated or not treated, into waters 

15 within the Great Lakes System, 

16 shall not apply outside the waters 

17 of the Great Lakes States of the 

18 Governors endorsing the proposed 

19 requirement under item (bb). 

20 ‘‘(iii) PROMULGATION BY ADMINIS21 TRATOR AND SECRETARY.— 

22 ‘‘(I) SUBMISSION.— 

23 ‘‘(aa) IN GENERAL.—The 

24 Governors endorsing a proposed 

25 standard or requirement under 
345 

†S 140 EAS 

1 clause (ii)(III)(bb) may jointly 

2 submit to the Administrator and 

3 the Secretary for approval each 

4 proposed standard of performance 

5 or other requirement developed 

6 and endorsed pursuant to clause 

7 (ii). 

8 ‘‘(bb) INCLUSION.—Each sub9 mission under item (aa) shall in10 clude an explanation regarding 

11 why the applicable standard of 

12 performance or other requirement 

13 is— 

14 ‘‘(AA) at least as strin15 gent as a comparable stand16 ard of performance or other 

17 requirement under this sub18 section; 

19 ‘‘(BB) in accordance 

20 with maritime safety; and 

21 ‘‘(CC) in accordance 

22 with applicable maritime 

23 and navigation laws and 

24 regulations. 

25 ‘‘(cc) WITHDRAWAL.— 
346 

†S 140 EAS 

1 ‘‘(AA) IN GENERAL.— 

2 The Governor of any Great 

3 Lakes State that endorses a 

4 proposed standard or re5 quirement under clause 

6 (ii)(III)(bb) may withdraw 

7 the endorsement by not later 

8 than the date that is 90 days 

9 after the date on which the 

10 Administrator and the Sec11 retary receive the proposed 

12 standard or requirement. 

13 ‘‘(BB) EFFECT ON FED14 ERAL REVIEW.—If, after the 

15 withdrawal of an endorse16 ment under subitem (AA), 

17 the proposed standard or re18 quirement does not have the 

19 applicable number of en20 dorsements under clause 

21 (ii)(III)(bb), the Adminis22 trator and the Secretary 

23 shall terminate the review 

24 under this clause. 
347 

†S 140 EAS 

1 ‘‘(dd) DISSENTING OPIN2 IONS.—The Governor of a Great 

3 Lakes State that does not endorse 

4 a proposed standard or require5 ment under clause (ii)(III)(bb) 

6 may submit to the Administrator 

7 and the Secretary any dissenting 

8 opinions of the Governor. 

9 ‘‘(II) JOINT NOTICE.—On receipt 

10 of a proposed standard of performance 

11 or other requirement under subclause 

12 (I), the Administrator and the Sec13 retary shall publish in the Federal 

14 Register a joint notice that, at min15 imum— 

16 ‘‘(aa) states that the proposed 

17 standard or requirement is pub18 licly available; and 

19 ‘‘(bb) provides an oppor20 tunity for public comment regard21 ing the proposed standard or re22 quirement during the 90-day pe23 riod beginning on the date of re24 ceipt by the Administrator and 
348 

†S 140 EAS 

1 the Secretary of the proposed 

2 standard or requirement. 

3 ‘‘(III) REVIEW.— 

4 ‘‘(aa) IN GENERAL.—As soon 

5 as practicable after the date of 

6 publication of a joint notice under 

7 subclause (II)— 

8 ‘‘(AA) the Adminis9 trator shall commence a re10 view of each proposed stand11 ard of performance or other 

12 requirement covered by the 

13 notice to determine whether 

14 that standard or requirement 

15 is at least as stringent as 

16 comparable standards and 

17 requirements under this sub18 section; and 

19 ‘‘(BB) the Secretary 

20 shall commence a review of 

21 each proposed standard of 

22 performance or other require23 ment covered by the notice to 

24 determine whether that 

25 standard or requirement is 
349 

†S 140 EAS 

1 in accordance with maritime 

2 safety and applicable mari3 time and navigation laws 

4 and regulations. 

5 ‘‘(bb) CONSULTATION.—In 

6 carrying out item (aa), the Ad7 ministrator and the Secretary— 

8 ‘‘(AA) shall consult with 

9 the Governor of each Great 

10 Lakes State and representa11 tives from the Federal and 

12 provincial governments of 

13 Canada; 

14 ‘‘(BB) shall take into 

15 consideration any relevant 

16 data or public comments re17 ceived under subclause 

18 (II)(bb); and 

19 ‘‘(CC) shall not take 

20 into consideration any pre21 liminary assessment by the 

22 Great Lakes Commission 

23 under clause (i)(III), or any 

24 dissenting opinion under 

25 subclause (I)(dd), except to 
350 

†S 140 EAS 

1 the extent that such an as2 sessment or opinion is rel3 evant to the criteria for the 

4 applicable determination 

5 under item (aa). 

6 ‘‘(IV) APPROVAL OR DIS7 APPROVAL.—Not later than 180 days 

8 after the date of receipt of each pro9 posed standard of performance or other 

10 requirement under subclause (I), the 

11 Administrator and the Secretary 

12 shall— 

13 ‘‘(aa) determine, as applica14 ble, whether each proposed stand15 ard or other requirement satisfies 

16 the criteria under subclause 

17 (III)(aa); 

18 ‘‘(bb) approve each proposed 

19 standard or other requirement, 

20 unless the Administrator or the 

21 Secretary, as applicable, deter22 mines under item (aa) that the 

23 proposed standard or other re24 quirement does not satisfy the cri-
351 

†S 140 EAS 

1 teria under subclause (III)(aa); 

2 and 

3 ‘‘(cc) submit to the Governor 

4 of each Great Lakes State, and 

5 publish in the Federal Register, a 

6 notice of the determination under 

7 item (aa). 

8 ‘‘(V) ACTION ON DISAPPROVAL.— 

9 ‘‘(aa) RATIONALE AND REC10 OMMENDATIONS.—If the Adminis11 trator and the Secretary dis12 approve a proposed standard of 

13 performance or other requirement 

14 under subclause (IV)(bb), the no15 tices under subclause (IV)(cc) 

16 shall include— 

17 ‘‘(AA) a description of 

18 the reasons why the standard 

19 or requirement is, as appli20 cable, less stringent than a 

21 comparable standard or re22 quirement under this sub23 section, inconsistent with 

24 maritime safety, or incon25 sistent with applicable mari-
352 

†S 140 EAS 

1 time and navigation laws 

2 and regulations; and 

3 ‘‘(BB) any rec4 ommendations regarding 

5 changes the Governors of the 

6 Great Lakes States could 

7 make to conform the dis8 approved portion of the 

9 standard or requirement to 

10 the requirements of this sub11 paragraph. 

12 ‘‘(bb) REVIEW.—Disapproval 

13 of a proposed standard or require14 ment by the Administrator and 

15 the Secretary under this subpara16 graph shall be considered to be a 

17 final agency action subject to ju18 dicial review under section 509. 

19 ‘‘(VI) ACTION ON APPROVAL.—On 

20 approval by the Administrator and the 

21 Secretary of a proposed standard of 

22 performance or other requirement 

23 under subclause (IV)(bb)— 

24 ‘‘(aa) the Administrator shall 

25 establish, by regulation, the pro-
353 

†S 140 EAS 

1 posed standard or requirement 

2 within the Great Lakes System in 

3 lieu of any comparable standard 

4 or other requirement promulgated 

5 under paragraph (4); and 

6 ‘‘(bb) the Secretary shall es7 tablish, by regulation, any re8 quirements necessary to imple9 ment, ensure compliance with, 

10 and enforce the standard or re11 quirement under item (aa), or to 

12 apply the proposed requirement, 

13 within the Great Lakes System in 

14 lieu of any comparable require15 ment promulgated under para16 graph (5). 

17 ‘‘(VII) NO JUDICIAL REVIEW FOR

18 CERTAIN ACTIONS.—An action or inac19 tion of a Governor of a Great Lakes 

20 State or the Great Lakes Commission 

21 under this subparagraph shall not be 

22 subject to judicial review. 

23 ‘‘(VIII) GREAT LAKES COM24 PACT.—Nothing in this subsection lim25 its, alters, or amends the Great Lakes 
354 

†S 140 EAS 

1 Compact to which Congress granted 

2 consent in the Act of July 24, 1968 

3 (Public Law 90–419; 82 Stat. 414). 

4 ‘‘(IX) AUTHORIZATION OF APPRO5 PRIATIONS.—There is authorized to be 

6 appropriated to the Great Lakes Com7 mission $5,000,000, to be available 

8 until expended. 

9 ‘‘(C) MINIMUM PACIFIC REGION REQUIRE10 MENTS.— 

11 ‘‘(i) DEFINITION OF COMMERCIAL VES12 SEL.—In this subparagraph, the term ‘com13 mercial vessel’ means a vessel operating be14 tween— 

15 ‘‘(I) 2 ports or places of destina16 tion within the Pacific Region; or 

17 ‘‘(II) a port or place of destina18 tion within the Pacific Region and a 

19 port or place of destination on the Pa20 cific Coast of Canada or Mexico north 

21 of parallel 20 degrees north latitude, 

22 inclusive of the Gulf of California. 

23 ‘‘(ii) BALLAST WATER EXCHANGE.— 

24 ‘‘(I) IN GENERAL.—Except as pro25 vided in subclause (II) and clause (iv), 
355 

†S 140 EAS 

1 the owner or operator of a commercial 

2 vessel shall conduct a complete ballast 

3 water exchange in waters more than 50 

4 nautical miles from shore. 

5 ‘‘(II) EXEMPTIONS.—Subclause 

6 (I) shall not apply to a commercial 

7 vessel— 

8 ‘‘(aa) using, in compliance 

9 with applicable requirements, a 

10 type-approved ballast water man11 agement system approved by the 

12 Secretary; or 

13 ‘‘(bb) voyaging— 

14 ‘‘(AA) between or to a 

15 port or place of destination 

16 in the State of Washington, 

17 if the ballast water to be dis18 charged from the commercial 

19 vessel originated solely from 

20 waters located between the 

21 parallel 46 degrees north 

22 latitude, including the inter23 nal waters of the Columbia 

24 River, and the internal 

25 waters of Canada south of 
356 

†S 140 EAS 

1 parallel 50 degrees north 

2 latitude, including the waters 

3 of the Strait of Georgia and 

4 the Strait of Juan de Fuca; 

5 ‘‘(BB) between ports or 

6 places of destination in the 

7 State of Oregon, if the ballast 

8 water to be discharged from 

9 the commercial vessel origi10 nated solely from waters lo11 cated between the parallel 40 

12 degrees north latitude and 

13 the parallel 50 degrees north 

14 latitude; 

15 ‘‘(CC) between ports or 

16 places of destination in the 

17 State of California within 

18 the San Francisco Bay area 

19 east of the Golden Gate 

20 Bridge, including the Port of 

21 Stockton and the Port of 

22 Sacramento, if the ballast 

23 water to be discharged from 

24 the commercial vessel origi-
357 

†S 140 EAS 

1 nated solely from ports or 

2 places within that area; 

3 ‘‘(DD) between the Port 

4 of Los Angeles, the Port of 

5 Long Beach, and the El 

6 Segundo offshore marine oil 

7 terminal, if the ballast water 

8 to be discharged from the 

9 commercial vessel originated 

10 solely from the Port of Los 

11 Angeles, the Port of Long 

12 Beach, or the El Segundo off13 shore marine oil terminal; 

14 ‘‘(EE) between a port or 

15 place of destination in the 

16 State of Alaska within a sin17 gle Captain of the Port Zone; 

18 ‘‘(FF) between ports or 

19 places of destination in dif20 ferent counties of the State of 

21 Hawaii, if the vessel may 

22 conduct a complete ballast 

23 water exchange in waters 

24 that are more than 10 nau-
358 

†S 140 EAS 

1 tical miles from shore and at 

2 least 200 meters deep; or 

3 ‘‘(GG) between ports or 

4 places of destination within 

5 the same county of the State 

6 of Hawaii, if the vessel does 

7 not transit outside State ma8 rine waters during the voy9 age. 

10 ‘‘(iii) LOW-SALINITY BALLAST

11 WATER.— 

12 ‘‘(I) IN GENERAL.—Except as pro13 vided in subclause (II) and clause (iv), 

14 the owner or operator of a commercial 

15 vessel that transports ballast water 

16 sourced from waters with a measured 

17 salinity of less than 18 parts per thou18 sand and voyages to a Pacific Region 

19 port or place of destination with a 

20 measured salinity of less than 18 parts 

21 per thousand shall conduct a complete 

22 ballast water exchange— 

23 ‘‘(aa) not less than 50 nau24 tical miles from shore, if the bal25 last water was sourced from a Pa-
359 

†S 140 EAS 

1 cific Region port or place of des2 tination; or 

3 ‘‘(bb) more than 200 nautical 

4 miles from shore, if the ballast 

5 water was not sourced from a Pa6 cific Region port or place of des7 tination. 

8 ‘‘(II) EXCEPTION.—Subclause (I) 

9 shall not apply to a commercial vessel 

10 voyaging to a port or place of destina11 tion in the Pacific Region that is 

12 using, in compliance with applicable 

13 requirements, a type-approved ballast 

14 water management system approved by 

15 the Secretary to achieve standards of 

16 performance of— 

17 ‘‘(aa) less than 1 organism 

18 per 10 cubic meters, if that orga19 nism— 

20 ‘‘(AA) is living, or has 

21 not been rendered nonviable; 

22 and 

23 ‘‘(BB) is 50 or more mi24 crometers in minimum di25 mension; 
360 

†S 140 EAS 

1 ‘‘(bb) less than 1 organism 

2 per 10 milliliters, if that orga3 nism— 

4 ‘‘(AA) is living, or has 

5 not been rendered nonviable; 

6 and 

7 ‘‘(BB) is more than 10, 

8 but less than 50, micrometers 

9 in minimum dimension; 

10 ‘‘(cc) concentrations of indi11 cator microbes that are less 

12 than— 

13 ‘‘(AA) 1 colony-forming 

14 unit of toxicogenic Vibrio 

15 cholera (serotypes O1 and 

16 O139) per 100 milliliters or 

17 less than 1 colony-forming 

18 unit of that microbe per 

19 gram of wet weight of zoolog20 ical samples; 

21 ‘‘(BB) 126 colony-form22 ing units of escherichia coli 

23 per 100 milliliters; and 

24 ‘‘(CC) 33 colony-form25 ing units of intestinal 
361 

†S 140 EAS 

1 enterococci per 100 milli2 liters; and 

3 ‘‘(dd) concentrations of such 

4 additional indicator microbes and 

5 viruses as may be specified in the 

6 standards of performance estab7 lished by the Administrator under 

8 paragraph (4). 

9 ‘‘(iv) GENERAL EXCEPTIONS.—The re10 quirements of clauses (ii) and (iii) shall not 

11 apply to a commercial vessel if— 

12 ‘‘(I) complying with the require13 ment would compromise the safety of 

14 the commercial vessel; 

15 ‘‘(II) design limitations of the 

16 commercial vessel prevent a ballast 

17 water exchange from being conducted 

18 in accordance with clause (ii) or (iii), 

19 as applicable; 

20 ‘‘(III) the commercial vessel— 

21 ‘‘(aa) is certified by the Sec22 retary as having no residual bal23 last water or sediments onboard; 

24 or 
362 

†S 140 EAS 

1 ‘‘(bb) retains all ballast 

2 water while in waters subject to 

3 those requirements; or 

4 ‘‘(IV) empty ballast tanks on the 

5 commercial vessel are sealed and cer6 tified by the Secretary in a manner 

7 that ensures that— 

8 ‘‘(aa) no discharge or uptake 

9 occurs; and 

10 ‘‘(bb) any subsequent dis11 charge of ballast water is subject 

12 to those requirements. 

13 ‘‘(D) ESTABLISHMENT OF STATE NO-DIS14 CHARGE ZONES.— 

15 ‘‘(i) STATE PROHIBITION.—Subject to 

16 clause (ii), after the effective date of regula17 tions promulgated by the Secretary under 

18 paragraph (5), if any State determines that 

19 the protection and enhancement of the qual20 ity of some or all of the waters within the 

21 State require greater environmental protec22 tion, the State may prohibit 1 or more 

23 types of discharge regulated under this sub24 section, whether treated or not treated, into 

25 such waters. 
363 

†S 140 EAS 

1 ‘‘(ii) APPLICABILITY.—A prohibition 

2 by a State under clause (i) shall not apply 

3 until the date on which the Administrator 

4 makes the applicable determinations de5 scribed in clause (iii). 

6 ‘‘(iii) PROHIBITION BY ADMINIS7 TRATOR.— 

8 ‘‘(I) DETERMINATION.—On appli9 cation of a State, the Administrator, 

10 in concurrence with the Secretary (sub11 ject to subclause (II)), shall, by regula12 tion, prohibit the discharge from a ves13 sel of 1 or more discharges subject to 

14 regulation under this subsection, 

15 whether treated or not treated, into the 

16 waters covered by the application if the 

17 Administrator determines that— 

18 ‘‘(aa) prohibition of the dis19 charge would protect and enhance 

20 the quality of the specified waters 

21 within the State; 

22 ‘‘(bb) adequate facilities for 

23 the safe and sanitary removal and 

24 treatment of the discharge are rea25 sonably available for the water 
364 

†S 140 EAS 

1 and all vessels to which the prohi2 bition would apply; 

3 ‘‘(cc) the discharge can be 

4 safely collected and stored until a 

5 vessel reaches a discharge facility 

6 or other location; and 

7 ‘‘(dd) in the case of an appli8 cation for the prohibition of dis9 charges of ballast water in a port 

10 (or in any other location where 

11 cargo, passengers, or fuel are load12 ed and unloaded)— 

13 ‘‘(AA) the adequate fa14 cilities described in item (bb) 

15 are reasonably available for 

16 commercial vessels, after con17 sidering, at a minimum, 

18 water depth, dock size, 

19 pumpout facility capacity 

20 and flow rate, availability of 

21 year-round operations, prox22 imity to navigation routes, 

23 and the ratio of pumpout fa24 cilities to the population and 

25 discharge capacity of com-
365 

†S 140 EAS 

1 mercial vessels operating in 

2 those waters; and 

3 ‘‘(BB) the prohibition 

4 will not unreasonably inter5 fere with the safe loading 

6 and unloading of cargo, pas7 sengers, or fuel. 

8 ‘‘(II) CONCURRENCE WITH SEC9 RETARY.— 

10 ‘‘(aa) REQUEST.—The Ad11 ministrator shall submit to the 

12 Secretary a request for written 

13 concurrence with respect to a pro14 hibition under subclause (I). 

15 ‘‘(bb) EFFECT OF FAILURE

16 TO CONCUR.—A failure by the 

17 Secretary to concur with the Ad18 ministrator under subclause (I) 

19 by the date that is 60 days after 

20 the date on which the Adminis21 trator submits a request for con22 currence under item (aa) shall not 

23 prevent the Administrator from 

24 prohibiting the relevant discharge 

25 in accordance with subclause 
366 

†S 140 EAS 

1 (III), subject to the condition that 

2 the Administrator shall include in 

3 the administrative record of the 

4 promulgation— 

5 ‘‘(AA) documentation of 

6 the request submitted under 

7 item (aa); and 

8 ‘‘(BB) the response of 

9 the Administrator to any 

10 written objections received 

11 from the Secretary relating 

12 to the proposed standard of 

13 performance during the 60- 

14 day period beginning on the 

15 date of submission of the re16 quest. 

17 ‘‘(III) TIMING.—The Adminis18 trator shall approve or disapprove an 

19 application submitted under subclause 

20 (I) by not later than 90 days after the 

21 date on which the application is sub22 mitted to the Administrator. 

23 ‘‘(E) MAINTENANCE IN EFFECT OF MORE24 STRINGENT STANDARDS.—In any case in which 

25 a requirement established under this paragraph 
367 

†S 140 EAS 

1 is more stringent or environmentally protective 

2 than a comparable requirement established under 

3 paragraph (4), (5), or (6), the more-stringent or 

4 more-protective requirement shall control.’’. 

5 (2) REPEALS.— 

6 (A) IN GENERAL.—Effective beginning on 

7 the date of enactment of this Act, the following 

8 provisions of law are repealed: 

9 (i) Section 1101 of the Nonindigenous 

10 Aquatic Nuisance Prevention and Control 

11 Act of 1990 (16 U.S.C. 4711). 

12 (ii) Public Law 110–299 (33 U.S.C. 

13 1342 note). 

14 (B) CONFORMING AMENDMENTS.—Section 

15 1102 of the Nonindigenous Aquatic Nuisance 

16 Prevention and Control Act of 1990 (16 U.S.C. 

17 4712) is amended— 

18 (i) in subsection (c)(1), by inserting 

19 ‘‘(as in effect on the day before the date of 

20 enactment of the Vessel Incidental Discharge 

21 Act of 2018)’’ after ‘‘section 1101(b)’’; and 

22 (ii) in subsection (f)(1)(B), by insert23 ing ‘‘(as in effect on the day before the date 

24 of enactment of the Vessel Incidental Dis-
368 

†S 140 EAS 

1 charge Act of 2018)’’ after ‘‘section 

2 1101(c)’’. 

3 (b) REGULATIONS FOR USE OF MARINE POLLUTION

4 CONTROL DEVICES.—Section 312 of the Federal Water Pol5 lution Control Act (33 U.S.C. 1322) is amended— 

6 (1) by striking the section designation and head7 ing and all that follows through ‘‘For the purpose of’’ 

8 in subsection (a) and inserting the following: 

9 ‘‘SEC. 312. MARINE SANITATION DEVICES; DISCHARGES IN10 CIDENTAL TO THE NORMAL OPERATION OF 

11 VESSELS. 

12 ‘‘(a) DEFINITIONS.—In’’; 

13 (2) in subsection (a)— 

14 (A) in paragraph (7), by striking ‘‘devices 

15 or of vessels’’ and inserting ‘‘devices, marine pol16 lution control device equipment, or vessels’’; and 

17 (B) in paragraph (13), in the matter pre18 ceding subparagraph (A), by inserting ‘‘, except 

19 as provided in subsection (p),’’ after ‘‘means’’; 

20 (3) in subsection (g)— 

21 (A) by inserting ‘‘or marine pollution con22 trol device equipment’’ after ‘‘marine sanitation 

23 device’’ each place it appears; 

24 (B) in paragraph (1)— 
369 

†S 140 EAS 

1 (i) by inserting ‘‘or equipment’’ after 

2 ‘‘such device’’; and 

3 (ii) by inserting ‘‘or equipment’’ after 

4 ‘‘test device’’; and 

5 (C) in paragraph (2)— 

6 (i) by inserting ‘‘or equipment’’ after 

7 ‘‘the device’’ each place it appears; and 

8 (ii) in the fourth sentence, by inserting 

9 ‘‘or equipment’’ after ‘‘device’’ each place it 

10 appears; and 

11 (4) in subsection (h)— 

12 (A) in paragraph (1), by inserting ‘‘and 

13 marine pollution control device equipment’’ after 

14 ‘‘marine sanitation device’’; 

15 (B) in paragraph (2), by inserting ‘‘or any 

16 certified marine pollution control device equip17 ment or element of design of such equipment’’ 

18 after ‘‘such device’’; 

19 (C) by redesignating paragraphs (1) 

20 through (4) as subparagraphs (A) through (D), 

21 respectively, and indenting the subparagraphs 

22 appropriately; 

23 (D) by striking ‘‘(h) After’’ and inserting 

24 the following: 
370 

†S 140 EAS 

1 ‘‘(h) SALE AND RESALE OF PROPERLY EQUIPPED VES2 SELS; OPERABILITY OF CERTIFIED MARINE SANITATION

3 DEVICES.— 

4 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

5 after’’; and 

6 (E) by adding at the end the following: 

7 ‘‘(2) EFFECT OF SUBSECTION.—Nothing in this 

8 subsection requires certification of a marine pollution 

9 control device for use on any vessel of the Armed 

10 Forces.’’. 

11 (c) ENFORCEMENT AUTHORITY.— 

12 (1) IN GENERAL.—Section 312(k) of the Federal 

13 Water Pollution Control Act (33 U.S.C. 1322(k)) is 

14 amended— 

15 (A) by striking the second sentence and in16 serting the following: 

17 ‘‘(3) STATES.— 

18 ‘‘(A) IN GENERAL.—This section may be en19 forced by a State or political subdivision of a 

20 State (including the attorney general of a State), 

21 including by filing a civil action in an appro22 priate Federal district court to enforce any viola23 tion of subsection (p). 

24 ‘‘(B) JURISDICTION.—The appropriate Fed25 eral district court shall have jurisdiction with re-
371 

†S 140 EAS 

1 spect to a civil action filed pursuant to subpara2 graph (A), without regard to the amount in con3 troversy or the citizenship of the parties— 

4 ‘‘(i) to enforce the requirements of this 

5 section; and 

6 ‘‘(ii) to apply appropriate civil pen7 alties under this section or section 309(d), 

8 as appropriate.’’; 

9 (B) by striking ‘‘(k) The provisions of this’’ 

10 and inserting the following: 

11 ‘‘(k) ENFORCEMENT AUTHORITY.— 

12 ‘‘(1) ADMINISTRATOR.—This section shall be en13 forced by the Administrator, to the extent provided in 

14 section 309. 

15 ‘‘(2) SECRETARY.— 

16 ‘‘(A) IN GENERAL.—This’’; and 

17 (C) in paragraph (2) (as so designated)— 

18 (i) in subparagraph (A), by striking 

19 ‘‘operating and he may utilize by agree20 ment’’ and inserting ‘‘operating, who may 

21 use, by agreement’’; and 

22 (ii) by adding at the end the following: 

23 ‘‘(B) INSPECTIONS.—For purposes of ensur24 ing compliance with this section, the Secretary— 
372 

†S 140 EAS 

1 ‘‘(i) may carry out an inspection (in2 cluding the taking of ballast water samples) 

3 of any vessel at any time; and 

4 ‘‘(ii) shall— 

5 ‘‘(I) establish procedures for— 

6 ‘‘(aa) reporting violations of 

7 this section; and 

8 ‘‘(bb) accumulating evidence 

9 regarding those violations; and 

10 ‘‘(II) use appropriate and prac11 ticable measures of detection and envi12 ronmental monitoring of vessels. 

13 ‘‘(C) DETENTION.—The Secretary may de14 tain a vessel if the Secretary— 

15 ‘‘(i) has reasonable cause to believe 

16 that the vessel— 

17 ‘‘(I) has failed to comply with an 

18 applicable requirement of this section; 

19 or 

20 ‘‘(II) is being operated in viola21 tion of such a requirement; and 

22 ‘‘(ii) the Secretary provides to the 

23 owner or operator of the vessel a notice of 

24 the intent to detain.’’. 
373 

†S 140 EAS 

1 (2) PRESERVATION OF FEDERAL ENFORCEMENT

2 AUTHORITY.—Section 309 of the Federal Water Pollu3 tion Control Act (33 U.S.C. 1319) is amended— 

4 (A) in subsection (a)(3), by striking ‘‘318’’ 

5 and inserting ‘‘312(p), 318’’; 

6 (B) in subsection (c), by striking ‘‘318’’ 

7 each place it appears and inserting ‘‘312(p), 

8 318’’; 

9 (C) in subsection (d), in the first sentence— 

10 (i) by striking ‘‘318’’ and inserting 

11 ‘‘312(p), 318,’’; and 

12 (ii) by striking ‘‘State,,’’ and inserting 

13 ‘‘State,’’; and 

14 (D) in subsection (g)(1)(A), by striking 

15 ‘‘318’’ and inserting ‘‘312(p), 318’’. 

16 (3) PRESERVATION OF PUBLIC ENFORCEMENT

17 AUTHORITY.—Section 505(f) of the Federal Water 

18 Pollution Control Act (33 U.S.C. 1365(f)) is amended 

19 by striking ‘‘(5) certification’’ and all that follows 

20 through the period at the end and inserting the fol21 lowing: ‘‘(5) a standard of performance or require22 ment under section 312(p); (6) a certification under 

23 section 401; (7) a permit or condition of a permit 

24 issued under section 402 that is in effect under this 

25 Act (including a requirement applicable by reason of 
374 

†S 140 EAS 

1 section 313); or (8) a regulation under section 

2 405(d).’’. 

3 (4) REVIEW.—Section 509(b) of the Federal 

4 Water Pollution Control Act (33 U.S.C. 1369(b)) is 

5 amended by adding at the end the following: 

6 ‘‘(4) DISCHARGES INCIDENTAL TO NORMAL OP7 ERATION OF VESSELS.— 

8 ‘‘(A) IN GENERAL.—Except as provided in 

9 subparagraph (B), any interested person may 

10 file a petition for review of a final agency action 

11 under section 312(p) of the Administrator or the 

12 Secretary of the department in which the Coast 

13 Guard is operating in accordance with the re14 quirements of this subsection. 

15 ‘‘(B) VENUE EXCEPTION.—Subject to section 

16 312(p)(7)(C)(v), a petition for review of a final 

17 agency action under section 312(p) of the Ad18 ministrator or the Secretary of the department 

19 in which the Coast Guard is operating may be 

20 filed only in the United States Court of Appeals 

21 for the District of Columbia Circuit.’’. 

22 (d) LOGBOOK REQUIREMENTS.—Section 11301(b) of 

23 title 46, United States Code, is amended by adding at the 

24 end the following: 
375 

†S 140 EAS 

1 ‘‘(13) when a vessel fails to carry out ballast 

2 water management requirements as applicable and 

3 pursuant to regulations promulgated by the Sec4 retary, including when the vessel fails to carry out 

5 ballast water management requirements due to an al6 lowed safety exemption, a statement regarding the 

7 failure to comply and the circumstances under which 

8 the failure occurred, made immediately after the fail9 ure, when practicable to do so.’’. 

10 (e) QUAGGA MUSSEL.—Section 42(a)(1) of title 18, 

11 United States Code, is amended, in the first sentence, by 

12 inserting ‘‘of the quagga mussel of the species Dreissena 

13 rostriformis or Dreissena bugensis;’’ after ‘‘Dreissena 

14 polymorpha;’’. 

15 (f) COASTAL AQUATIC INVASIVE SPECIES MITIGATION

16 GRANT PROGRAM AND MITIGATION FUND.— 

17 (1) DEFINITIONS.—In this subsection: 

18 (A) COASTAL ZONE.—The term ‘‘coastal 

19 zone’’ has the meaning given the term in section 

20 304 of the Coastal Zone Management Act of 1972 

21 (16 U.S.C. 1453). 

22 (B) ELIGIBLE ENTITY.—The term ‘‘eligible 

23 entity’’ means— 

24 (i) a State; 

25 (ii) a unit of local government; 
376 

†S 140 EAS 

1 (iii) an Indian Tribe; 

2 (iv) a nongovernmental organization; 

3 and 

4 (v) an institution of higher education. 

5 (C) EXCLUSIVE ECONOMIC ZONE.—The term 

6 ‘‘Exclusive Economic Zone’’ means the Exclusive 

7 Economic Zone of the United States, as estab8 lished by Presidential Proclamation 5030, dated 

9 March 10, 1983 (16 U.S.C. 1453 note). 

10 (D) FOUNDATION.—The term ‘‘Foundation’’ 

11 means the National Fish and Wildlife Founda12 tion established by section 2(a) of the National 

13 Fish and Wildlife Foundation Establishment Act 

14 (16 U.S.C. 3701(a)). 

15 (E) FUND.—The term ‘‘Fund’’ means the 

16 Coastal Aquatic Invasive Species Mitigation 

17 Fund established by paragraph (3)(A). 

18 (F) PROGRAM.—The term ‘‘Program’’ 

19 means the Coastal Aquatic Invasive Species 

20 Mitigation Grant Program established under 

21 paragraph (2)(A). 

22 (G) SECRETARY.—The term ‘‘Secretary’’ 

23 means the Secretary of Commerce. 

24 (2) GRANT PROGRAM.— 
377 

†S 140 EAS 

1 (A) ESTABLISHMENT.—The Secretary and 

2 the Foundation shall establish a program, to be 

3 known as the ‘‘Coastal Aquatic Invasive Species 

4 Mitigation Grant Program’’, under which the 

5 Secretary and the Foundation shall award 

6 grants to eligible entities in accordance with this 

7 paragraph. 

8 (B) PURPOSES.—The purposes of the Pro9 gram are— 

10 (i) to improve the understanding, pre11 vention, and mitigation of, and response to, 

12 aquatic invasive species in— 

13 (I) the coastal zone; and 

14 (II) the Exclusive Economic Zone; 

15 (ii) to support the prevention and 

16 mitigation of impacts from aquatic invasive 

17 species in the coastal zone; and 

18 (iii) to support the restoration of Pa19 cific Island habitats, marine, estuarine, and 

20 Great Lakes environments in the coastal 

21 zone and the Exclusive Economic Zone that 

22 are impacted by aquatic invasive species. 

23 (C) USE OF GRANTS.— 

24 (i) IN GENERAL.—A grant awarded 

25 under the Program shall be used for an ac-
378 

†S 140 EAS 

1 tivity to carry out the purposes of the Pro2 gram, including an activity— 

3 (I) to develop and implement pro4 cedures and programs, including per5 missible State ballast water inspection 

6 programs, to prevent, detect, control, 

7 mitigate, and rapidly or progressively 

8 eradicate aquatic invasive species in 

9 the coastal zone or the Exclusive Eco10 nomic Zone, particularly in areas with 

11 high numbers of established aquatic 

12 invasive species; 

13 (II) to restore habitat impacted by 

14 an aquatic invasive species; 

15 (III) to develop new shipboard 

16 and land-based ballast water treatment 

17 system technologies and performance 

18 standards to prevent the introduction 

19 of aquatic invasive species; 

20 (IV) to develop mitigation meas21 ures to protect natural and cultural 

22 living resources, including shellfish, 

23 from the impacts of aquatic invasive 

24 species; or 
379 

†S 140 EAS 

1 (V) to develop mitigation meas2 ures to protect infrastructure, such as 

3 hydroelectric infrastructure, from 

4 aquatic invasive species. 

5 (ii) PROHIBITION ON FUNDING LITIGA6 TION.—A grant awarded under the Pro7 gram may not be used to fund litigation in 

8 any matter. 

9 (D) ADMINISTRATION.—Not later than 90 

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

11 Foundation, in consultation with the Secretary, 

12 shall establish the following: 

13 (i) Application and review procedures 

14 for awarding grants under the Program. 

15 (ii) Approval procedures for awarding 

16 grants under the Program, including a re17 quirement for consultation with— 

18 (I) the Secretary of the Interior; 

19 and 

20 (II) the Administrator. 

21 (iii) Performance accountability and 

22 monitoring measures for activities funded 

23 by a grant awarded under the Program. 

24 (iv) Procedures and methods to ensure 

25 accurate accounting and appropriate ad-
380 

†S 140 EAS 

1 ministration of grants awarded under the 

2 Program, including standards of record3 keeping. 

4 (E) MATCHING REQUIREMENT.—Each eligi5 ble entity that receives a grant under the Pro6 gram shall provide, in cash or through in-kind 

7 contributions from non-Federal sources, match8 ing funds to carry out the activities funded by 

9 the grant in an amount equal to not less than 

10 25 percent of the cost of the activities. 

11 (F) FUNDING.—The Secretary and the 

12 Foundation are authorized to use the amounts 

13 available in the Fund to award grants under the 

14 Program. 

15 (3) MITIGATION FUND.— 

16 (A) ESTABLISHMENT.—There is established 

17 in the Treasury of the United States a trust 

18 fund, to be known as the ‘‘Coastal Aquatic 

19 Invasive Species Mitigation Fund’’, consisting of 

20 such amounts as are appropriated or credited to 

21 the Fund in accordance with this paragraph or 

22 section 9602 of the Internal Revenue Code of 

23 1986. 

24 (B) TRANSFERS TO FUND.— 
381 

†S 140 EAS 

1 (i) APPROPRIATION.—There is author2 ized to be appropriated from the Treasury 

3 to the Fund, for each fiscal year, an amount 

4 equal to the amount of penalties assessed for 

5 violations of subsection (p) of section 312 of 

6 the Federal Water Pollution Control Act (33 

7 U.S.C. 1322) during the preceding fiscal 

8 year. 

9 (ii) ADDITIONAL AUTHORIZATION.—In 

10 addition to the amounts transferred to the 

11 Fund under clause (i), there is authorized 

12 to be appropriated to the Fund $5,000,000 

13 for each fiscal year. 

14 (C) USE OF FUND.—Subject to appropria15 tions, the amounts in the Fund shall be available 

16 to the Secretary and the Foundation to award 

17 grants under the Program. 

18 (g) GREAT LAKES AND LAKE CHAMPLAIN INVASIVE

19 SPECIES PROGRAM.— 

20 (1) DEFINITIONS.—In this subsection: 

21 (A) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator of the Environ23 mental Protection Agency. 

24 (B) AQUATIC NUISANCE SPECIES.—The 

25 term ‘‘aquatic nuisance species’’ has the meaning 
382 

†S 140 EAS 

1 given that term in subsection (p)(1) of section 

2 312 of the Federal Water Pollution Control Act 

3 (33 U.S.C. 1322). 

4 (C) DIRECTOR.—The term ‘‘Director’’ 

5 means the Director of the Great Lakes National 

6 Program Office established by section 118(b) of 

7 the Federal Water Pollution Control Act (33 

8 U.S.C. 1268(b)). 

9 (D) GREAT LAKES AND LAKE CHAMPLAIN

10 SYSTEMS.—The term ‘‘Great Lakes and Lake 

11 Champlain Systems’’ includes— 

12 (i) Lake Champlain; and 

13 (ii) all bodies of water (including wet14 lands) within— 

15 (I) the Great Lakes System (as 

16 defined in section 118(a)(3) of the Fed17 eral Water Pollution Control Act (33 

18 U.S.C. 1268(a)(3))); or 

19 (II) the Lake Champlain drainage 

20 basin (as defined in section 120(g) of 

21 the Federal Water Pollution Control 

22 Act (33 U.S.C. 1270(g))). 

23 (E) PROGRAM.—The term ‘‘Program’’ 

24 means the Great Lakes and Lake Champlain 
383 

†S 140 EAS 

1 Invasive Species Program established under 

2 paragraph (2)(A). 

3 (2) ESTABLISHMENT OF PROGRAM.— 

4 (A) IN GENERAL.—The Administrator shall 

5 establish within the Great Lakes National Pro6 gram Office a program, to be known as the 

7 ‘‘Great Lakes and Lake Champlain Invasive 

8 Species Program’’— 

9 (i) in collaboration with— 

10 (I) the Director of the United 

11 States Fish and Wildlife Service; 

12 (II) the Administrator of the Na13 tional Oceanic and Atmospheric Ad14 ministration; 

15 (III) the Director of the United 

16 States Geological Survey; and 

17 (IV) the Secretary of the depart18 ment in which the Coast Guard is op19 erating; and 

20 (ii) in consultation with— 

21 (I) the head of Great Lakes 

22 Aquatic Nonindigenous Species Infor23 mation System of the National Oceanic 

24 and Atmospheric Administration; and 
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1 (II) the head of Great Lakes Envi2 ronmental Research Laboratory of the 

3 National Oceanic and Atmospheric Ad4 ministration. 

5 (B) PURPOSES.—The purposes of the Pro6 gram shall be— 

7 (i) to monitor for the introduction and 

8 spread of aquatic nuisance species into or 

9 within the Great Lakes and Lake Cham10 plain Systems; 

11 (ii) to detect newly introduced aquatic 

12 nuisance species prior to the establishment 

13 of the aquatic nuisance species in the Great 

14 Lakes and Lake Champlain Systems; 

15 (iii) to inform, and assist with, man16 agement and response actions to prevent or 

17 stop the establishment or spread of an 

18 aquatic nuisance species; 

19 (iv) to establish a watch list of can20 didate aquatic nuisance species that may be 

21 introduced or spread, and that may survive 

22 and establish, within the Great Lakes and 

23 Lake Champlain Systems; 

24 (v) to monitor vectors likely to be con25 tributing to the introduction or spread of 
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1 aquatic nuisance species, including ballast 

2 water operations; 

3 (vi) to work collaboratively with the 

4 Federal, State, local, and Tribal agencies to 

5 develop criteria for prioritizing and distrib6 uting monitoring efforts; 

7 (vii) to develop, achieve type approval 

8 for, and pilot shipboard or land-based bal9 last water management systems installed 

10 on, or available for use by, commercial ves11 sels operating solely within the Great Lakes 

12 and Lake Champlain Systems to prevent 

13 the spread of aquatic nuisance species popu14 lations within the Great Lakes and Lake 

15 Champlain Systems; and 

16 (viii) to facilitate meaningful Federal 

17 and State implementation of the regulatory 

18 framework in this subsection, including 

19 monitoring, shipboard education, inspec20 tion, and compliance conducted by States. 

21 (3) METHODOLOGY.—The Program shall seek— 

22 (A) to build on— 

23 (i) existing aquatic nuisance species 

24 monitoring efforts; and 
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1 (ii) efforts to develop criteria for 

2 prioritizing and distributing monitoring ef3 forts, geographically and among taxa, in 

4 the Great Lakes and Lake Champlain Sys5 tems; 

6 (B) to advance early detection and moni7 toring, and capacity to control the establishment 

8 and spread, of aquatic nuisance species within 

9 the Great Lakes and Lake Champlain Systems; 

10 (C) to identify opportunities to interdict the 

11 introduction and spread of aquatic nuisance spe12 cies through sound science and technological ad13 vancements; 

14 (D) to assess the risk of aquatic nuisance 

15 species introduction and spread via the range of 

16 vectors active within the Great Lakes and Lake 

17 Champlain Systems; 

18 (E) to advance the development of type-ap19 proved ballast water management system (as de20 fined in subsection (p)(1) of section 312 of the 

21 Federal Water Pollution Control Act (33 U.S.C. 

22 1322) equipment for commercial, non-seagoing 

23 vessels that operate solely within the Great Lakes 

24 System (as defined in section 118(a)(3) of the 
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1 Federal Water Pollution Control Act (33 U.S.C. 

2 1268(a)(3))); 

3 (F) to immediately make available to the 

4 public information regarding— 

5 (i) the detection of new aquatic nui6 sance species within the Great Lakes and 

7 Lake Champlain Systems; or 

8 (ii) the spread of aquatic nuisance spe9 cies within the Great Lakes and Lake 

10 Champlain Systems; 

11 (G) to annually submit to appropriate indi12 viduals and entities in each affected region a re13 port describing the findings and activities of the 

14 Program; 

15 (H) to identify roles and responsibilities of 

16 Federal agencies in aquatic nuisance species 

17 monitoring and response; and 

18 (I) to provide resource assistance to States 

19 implementing State-level programs to enter into 

20 partnerships with Federal agencies in enforcing 

21 the requirements under subsection (p) of section 

22 312 of the Federal Water Pollution Control Act 

23 (33 U.S.C. 1322). 
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1 (4) COLLABORATION.—In carrying out and de2 veloping the Program, the Director shall collaborate 

3 with— 

4 (A) applicable Federal, State, local, and 

5 Tribal agencies; and 

6 (B) such other research entities or stake7 holders as the Director determines to be appro8 priate. 

9 (5) DATA AVAILABILITY.—The Director shall— 

10 (A) make the data collected under the Pro11 gram available on a publicly accessible internet 

12 website, including in an annual summary re13 port; and 

14 (B) in coordination with the entities identi15 fied under paragraph (4), develop communica16 tion and notification protocols for the purpose of 

17 communicating the range of aquatic nuisance 

18 species and any identification of a new aquatic 

19 nuisance species introduced to the Great Lakes 

20 and Lake Champlain Systems. 

21 (6) REPORT TO CONGRESS.— 

22 (A) IN GENERAL.—Not later than December 

23 31, 2019, the Director shall submit to Congress 

24 a report summarizing the outcomes of activities 

25 carried out under the Program. 
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1 (B) CONTENTS.—The report under subpara2 graph (A) shall include— 

3 (i) a description of activities carried 

4 out under the Program, including an expla5 nation of how those activities help to 

6 achieve the purposes described in paragraph 

7 (2)(B); 

8 (ii) an analysis of Federal, State, and 

9 local efforts to enhance multidisciplinary 

10 approaches to achieve the purposes described 

11 in paragraph (2)(B); 

12 (iii) recommendations relating to ac13 tivities that would contribute to achieve14 ment of the purposes described in para15 graph (2)(B); and 

16 (iv) recommendations to improve the 

17 efficiency and effectiveness of the Program. 

18 (7) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated to carry out 

20 the Program $50,000,000 for each of fiscal years 2019 

21 through 2023. 

22 (h) TECHNICAL AND CONFORMING AMENDMENTS.— 

23 (1) Section 1102(f) of the Nonindigenous Aquatic 

24 Nuisance Prevention and Control Act of 1990 (16 
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1 U.S.C. 4712(f)) is amended by striking paragraph (2) 

2 and inserting the following: 

3 ‘‘(2) BALLAST WATER REPORTING REQUIRE4 MENTS.— 

5 ‘‘(A) IN GENERAL.—The owner or operator 

6 of a vessel subject to this title shall submit to the 

7 National Ballast Information Clearinghouse, by 

8 not later than 6 hours after the arrival of the 

9 vessel at a United States port or place of des10 tination, the ballast water management report 

11 form approved by the Office of Management and 

12 Budget numbered OMB 1625–0069 (or a suc13 cessor form), unless the vessel is operating exclu14 sively on a voyage between ports or places within 

15 contiguous portions of a single Captain of the 

16 Port Zone. 

17 ‘‘(B) MULTIPLE DISCHARGES.—The owner 

18 or operator of a vessel subject to this title may 

19 submit a single report under subparagraph (A) 

20 for multiple ballast water discharges within a 

21 single port or place of destination during the 

22 same voyage. 

23 ‘‘(C) ADVANCE REPORT TO STATES.—A 

24 State may require the owner or operator of a 

25 vessel subject to this title to submit directly to 
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1 the State, or to an appropriate regional forum, 

2 a ballast water management report form— 

3 ‘‘(i) not later than 24 hours prior to 

4 arrival at a United States port or place of 

5 destination in the State, if the voyage of the 

6 vessel is anticipated to exceed 24 hours; or 

7 ‘‘(ii) before departing the port or place 

8 of departure, if the voyage of the vessel to 

9 the United States port or place of destina10 tion is not anticipated to exceed 24 hours. 

11 ‘‘(3) VESSEL REPORTING DATA.— 

12 ‘‘(A) DISSEMINATION TO STATES.—On re13 ceipt of a ballast water management report 

14 under paragraph (2), the National Ballast Infor15 mation Clearinghouse shall— 

16 ‘‘(i) in the case of a form submitted 

17 electronically, immediately disseminate the 

18 report to interested States; or 

19 ‘‘(ii) in the case of a form submitted by 

20 means other than electronically, disseminate 

21 the report to interested States as soon as 

22 practicable. 

23 ‘‘(B) AVAILABILITY TO PUBLIC.—Not later 

24 than 30 days after the date of receipt of a ballast 

25 water management report under paragraph (2), 
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1 the National Ballast Information Clearinghouse 

2 shall make the data in the report fully and read3 ily available to the public in a searchable and 

4 fully retrievable electronic format. 

5 ‘‘(4) REPORT.— 

6 ‘‘(A) IN GENERAL.—Not later than July 1, 

7 2019, and annually thereafter, the Secretary 

8 shall prepare and submit a report in accordance 

9 with this paragraph. 

10 ‘‘(B) CONTENTS.—Each report under this 

11 paragraph shall synthesize and analyze the data 

12 described in paragraph (1) for the preceding 2- 

13 year period to evaluate nationwide status and 

14 trends relating to— 

15 ‘‘(i) ballast water delivery and man16 agement; and 

17 ‘‘(ii) invasions of aquatic nuisance 

18 species resulting from ballast water. 

19 ‘‘(C) DEVELOPMENT.—The Secretary shall 

20 prepare each report under this paragraph in 

21 consultation and cooperation with— 

22 ‘‘(i) the Task Force; and 

23 ‘‘(ii) the Smithsonian Institution (act24 ing through the Smithsonian Environ25 mental Research Center). 
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1 ‘‘(D) SUBMISSION.—The Secretary shall— 

2 ‘‘(i) submit each report under this 

3 paragraph to— 

4 ‘‘(I) the Task Force; 

5 ‘‘(II) the Committee on Com6 merce, Science, and Transportation of 

7 the Senate; and 

8 ‘‘(III) the Committee on Trans9 portation and Infrastructure of the 

10 House of Representatives; and 

11 ‘‘(ii) make each report available to the 

12 public. 

13 ‘‘(5) WORKING GROUP.—Not later than 1 year 

14 after the date of enactment of this paragraph, the Sec15 retary shall establish a working group, including 

16 members from the National Ballast Information 

17 Clearinghouse and States with ballast water manage18 ment programs, to establish a process for compiling 

19 and readily sharing Federal and State commercial 

20 vessel reporting and enforcement data regarding com21 pliance with this Act.’’. 

22 (2) Section 1205 of the Nonindigenous Aquatic 

23 Nuisance Prevention and Control Act of 1990 (16 

24 U.S.C. 4725) is amended— 
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1 (A) in the third sentence, by striking ‘‘Com2 pliance’’ and inserting the following: 

3 ‘‘(c) EFFECT OF COMPLIANCE.—Compliance’’; 

4 (B) in the second sentence, by striking 

5 ‘‘Nothing’’ and inserting the following: 

6 ‘‘(b) EFFECT OF TITLE.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), nothing’’; 

9 (C) in the first sentence, by striking ‘‘All 

10 actions’’ and inserting the following: 

11 ‘‘(a) CONSISTENCY WITH ENVIRONMENTAL LAWS.—All 

12 actions’’; and 

13 (D) in subsection (b) (as so designated), by 

14 adding at the end the following: 

15 ‘‘(2) EXCEPTION.—Any discharge incidental to 

16 the normal operation of a vessel, including any dis17 charge of ballast water (as those terms are defined in 

18 subsections (a) and (p)(1) of section 312 of the Fed19 eral Water Pollution Control Act (33 U.S.C. 1322)), 

20 shall be regulated in accordance with that section.’’. 
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1 TITLE X—HYDROGRAPHIC 

2 SERVICES AND OTHER MATTERS 

3 SEC. 1001. REAUTHORIZATION OF HYDROGRAPHIC SERV4 ICES IMPROVEMENT ACT OF 1998. 

5 (a) REAUTHORIZATIONS.—Section 306 of the Hydro6 graphic Services Improvement Act of 1998 (33 U.S.C. 892d) 

7 is amended— 

8 (1) in the matter before paragraph (1), by strik9 ing ‘‘There are’’ and inserting the following: 

10 ‘‘(a) IN GENERAL.—There are’’; 

11 (2) in subsection (a) (as designated by para12 graph (1))— 

13 (A) in paragraph (1), by striking ‘‘sur14 veys—’’ and all that follows through the end of 

15 the paragraph and inserting ‘‘surveys, 

16 $70,814,000 for each of fiscal years 2019 through 

17 2023.’’; 

18 (B) in paragraph (2), by striking ‘‘vessels— 

19 ’’ and all that follows through the end of the 

20 paragraph and inserting ‘‘vessels, $25,000,000 

21 for each of fiscal years 2019 through 2023.’’; 

22 (C) in paragraph (3), by striking ‘‘Admin23 istration—’’ and all that follows through the end 

24 of the paragraph and inserting ‘‘Administration, 
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1 $29,932,000 for each of fiscal years 2019 through 

2 2023.’’; 

3 (D) in paragraph (4), by striking ‘‘title— 

4 ’’ and all that follows through the end of the 

5 paragraph and inserting ‘‘title, $26,800,000 for 

6 each of fiscal years 2019 through 2023.’’; and 

7 (E) in paragraph (5), by striking ‘‘title— 

8 ’’ and all that follows through the end of the 

9 paragraph and inserting ‘‘title, $30,564,000 for 

10 each of fiscal years 2019 through 2023.’’; and 

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

12 ‘‘(b) ARCTIC PROGRAMS.—Of the amount authorized 

13 by this section for each fiscal year— 

14 ‘‘(1) $10,000,000 is authorized for use in the 

15 Arctic— 

16 ‘‘(A) to acquire hydrographic data; 

17 ‘‘(B) to provide hydrographic services; 

18 ‘‘(C) to conduct coastal change analyses nec19 essary to ensure safe navigation; 

20 ‘‘(D) to improve the management of coastal 

21 change; and 

22 ‘‘(E) to reduce risks of harm to subsistence 

23 and coastal communities associated with in24 creased international maritime traffic; and 
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1 ‘‘(2) $2,000,000 is authorized for use to acquire 

2 hydrographic data and provide hydrographic services 

3 in the Arctic necessary to delineate the United States 

4 extended Continental Shelf.’’. 

5 (b) LIMITATION ON ADMINISTRATIVE EXPENSES FOR

6 SURVEYS.—Section 306 of such Act (33 U.S.C. 892d) is fur7 ther amended by adding at the end the following: 

8 ‘‘(c) LIMITATION ON ADMINISTRATIVE EXPENSES FOR

9 SURVEYS.—Of amounts authorized by this section for each 

10 fiscal year for contract hydrographic surveys, not more than 

11 5 percent is authorized for administrative costs associated 

12 with contract management.’’. 

13 SEC. 1002. SYSTEM FOR TRACKING AND REPORTING ALL-IN14 CLUSIVE COST OF HYDROGRAPHIC SURVEYS. 

15 (a) IN GENERAL.—Not later than 1 year after the date 

16 of the enactment of this Act, the Secretary of Commerce 

17 shall— 

18 (1) develop and implement a system to track and 

19 report the full cost to the Department of Commerce of 

20 hydrographic data collection, including costs relating 

21 to vessel acquisition, vessel repair, and administra22 tion of contracts to procure data; 

23 (2) evaluate measures for comparing cost per 

24 unit effort in addition to measures of cost per nau25 tical square mile; and 
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1 (3) submit to the Committee on Commerce, 

2 Science, and Transportation of the Senate and the 

3 Committee on Natural Resources of the House of Rep4 resentatives a report on which additional measures 

5 for comparing cost per unit effort the Secretary in6 tends to use and the rationale for such use. 

7 (b) DEVELOPMENT OF STRATEGY FOR INCREASED

8 CONTRACTING WITH NONGOVERNMENTAL ENTITIES FOR

9 HYDROGRAPHIC DATA COLLECTION.—Not later than 180 

10 days after the date on which the Secretary completes the 

11 activities required by subsection (a), the Secretary shall de12 velop a strategy for how the National Oceanic and Atmos13 pheric Administration will increase contracting with non14 governmental entities for hydrographic data collection in 

15 a manner that is consistent with the requirements of the 

16 Ocean and Coastal Mapping Integration Act (Public Law 

17 111–11; 33 U.S.C. 3501 et seq.). 

18 SEC. 1003. HOMEPORT OF CERTAIN RESEARCH VESSELS. 

19 (a) ACCEPTANCE OF FUNDS AUTHORIZED.—The Sec20 retary of Commerce may accept non-Federal funds for the 

21 purpose of the construction of a new port facility, including 

22 obtaining such cost estimates, designs, and permits as may 

23 be necessary to facilitate the homeporting of the R/V 

24 FAIRWEATHER in accordance with title II of the Depart25 ments of Commerce, Justice, and State, the Judiciary, and 
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1 Related Agencies Appropriations Act, 2002 (Public Law 

2 107–77; 115 Stat. 775) at a location that during such home3 porting shall be under the administrative jurisdiction of the 

4 Under Secretary of Commerce for Oceans and Atmosphere. 

5 (b) STRATEGIC PLAN REQUIRED.—Not later than 180 

6 days after the date of the enactment of this Act, the Sec7 retary shall develop and submit to the Committee on Com8 merce, Science, and Transportation of the Senate and the 

9 Committee on Natural Resources of the House of Represent10 atives a strategic plan for implementing subsection (a). 

11 (c) ACCEPTANCE OF FUNDS AUTHORIZED.—The Sec12 retary may accept non-Federal funds for the purpose of the 

13 construction of a new port facility, including obtaining 

14 such cost estimates, designs, and permits as may be nec15 essary to facilitate the homeporting of a new, existing, or 

16 reactivated research vessel in the city of St. Petersburg, 

17 Florida, at a location that during such homeporting shall 

18 be under the administrative jurisdiction of the Under Sec19 retary of Commerce for Oceans and Atmosphere. 

20 (d) STRATEGIC PLAN REQUIRED.—Not later than 180 

21 days after the date of the enactment of this Act, the Sec22 retary shall develop and submit to Congress a strategic plan 

23 for construction or acquisition of the facilities needed to 

24 allow for an oceanographic research vessel to be homeported 
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1 in St. Petersburg, Florida. The strategic plan shall include 

2 an estimate of funding needed to construct such facilities. 

Attest: 

Secretary. 

115TH CONGRESS 

2D SESSION S. 140 

SENATE AMENDMENT TO 

HOUSE AMENDMENT