Coast Guard Authorization Act of 2017

To authorize appropriations for the Coast Guard, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Coast Guard Authorization Act of 2017 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Effective dates. TITLE I—Authorizations Sec. 101. Authorization of appropriations. Sec. 102. Authorized levels of military strength and training. TITLE II—Coast Guard Sec. 201. Primary duties. Sec. 202. Training; emergency response providers. Sec. 203. Commissioned service retirement. Sec. 204. Officer promotion zones. Sec. 205. Officer evaluation report. Sec. 206. Retired pay; amounts for payments in connection with modernized retirement system. Sec. 207. Inclusion of vessel for investigation purposes. Sec. 208. Leave for the birth of adoption of a child. Sec. 209. Aviation cadets; appointment as Reserve officers; cross reference. Sec. 210. Clothing at time of discharge for good of service; repeal. Sec. 211. Multiyear contracts. Sec. 212. Coast Guard ROTC Program. TITLE III—Marine safety Sec. 301. Coast Guard advisory committees. Sec. 302. Clarification of logbook and entry requirements. Sec. 303. Technical corrections; licenses, certifications of registry, and merchant mariner documents. Sec. 304. Numbering for undocumented barges. Sec. 305. Aids to navigation. Sec. 306. Equipment requirements; exemption from throwable personal flotation devices. Sec. 307. Ensuring maritime coverage. Sec. 308. Deadline for compliance with alternate safety compliance program. Sec. 309. Fishing, fish tender, and fish processing vessel certification. Sec. 310. Termination of unsafe operations; technical amendment. Sec. 311. Installation and use of engine cut-off switches on recreational vessel. Sec. 312. Visual distress signals and alternative use. Sec. 313. Renewal period for documented recreational vessels. Sec. 314. Exception from survival craft requirements. Sec. 315. Inland waterway and river tender acquisition plan. Sec. 316. Arctic planning criteria. TITLE IV—Maritime security Sec. 401. Maritime border security cooperation. Sec. 402. Currency detection canine team program. Sec. 403. Confidential investigative expenses. Sec. 404. Arctic maritime domain awareness. Sec. 405. Strategic assets in the Arctic. TITLE V—Miscellaneous Sec. 501. Ship shoal lighthouse transfer; repeal. Sec. 502. Acquisition workforce expedited hiring authority. Sec. 503. Drawbridges. Sec. 504. Incentive contract; Coast Guard yard and industrial establishments. Sec. 505. Coast Guard health-care professionals; licensure portability. Sec. 506. Land exchange; Ayakulik Island, Alaska. Sec. 507. Abandoned seafarers fund amendments. Sec. 508. Assistance for small shipyards. Sec. 509. Small shipyard contracts. Sec. 510. Western challenger; certificate of documentation. TITLE VI—Department of Commerce vessels Sec. 601. Waivers for certain contracts. 2. Effective dates (a) In general Except as otherwise specifically provided in this Act, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Certain delayed effective dates The amendments made by sections 101, 102, 403, and 508(a) shall take effect on October 1, 2017. The amendments made by section 206 shall take effect on January 1, 2018. I Authorizations 101. Authorization of appropriations Section 2702 of title 14, United States Code, is amended to read as follows: Funds are authorized to be appropriated for each of fiscal years 2018 and 2019 for necessary expenses of the Coast Guard as follows: (1) For the operation and maintenance of the Coast Guard, not otherwise provided for— (A) $7,300,000,000 for fiscal year 2018; and (B) $7,592,000,000 for fiscal year 2019. (2) For the acquisition, construction, renovation, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto, and for maintenance, rehabilitation, lease, and operation of facilities and equipment— (A) $1,985,845,000 for fiscal year 2018, to remain available through September 30, 2022; and (B) $2,027,547,745 for fiscal year 2019, to remain available through September 30, 2023. (3) For the Coast Guard Reserve program, including operations and maintenance of the program, personnel and training costs, equipment, and services— (A) $142,956,336 for fiscal year 2018; and (B) $145,958,419 for fiscal year 2019. (4) For the environmental compliance and restoration of Coast Guard under chapter 19 of this title— (A) $17,051,721 for fiscal year 2018, to remain available through September 30, 2022; and (B) $17,409,807 for fiscal year 2019, to remain available through September 20, 2023. (5) To the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, materials, and human factors directly related to improving the performance of the Coast Guard’s mission with respect to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, and for maintenance, rehabilitation, lease, and operation of facilities and equipment— (A) $20,307,690 for fiscal year 2018; and (B) $20,734,151 for fiscal year 2019. . 102. Authorized levels of military strength and training Section 2704 of title 14, United States Code, is amended to read as follows: (a) Active duty strength The Coast Guard is authorized an end-of-year strength for active duty personnel of 43,000 for each of fiscal years 2018 and 2019. (b) Military training student loads The Coast Guard is authorized average military training student loads for each of fiscal years 2018 and 2019 as follows: (1) For recruit and special training, 2,500 student years. (2) For flight training, 165 student years. (3) For professional training in military and civilian institutions, 350 student years. (4) For officer acquisition, 1,200 student years. . II Coast Guard 201. Primary duties Section 2(7) of title 14, United States Code, is amended by striking including the fulfillment of Maritime Defense Zone command responsibilities and at all times assist in the defense of the United States 202. Training; emergency response providers (a) In general Chapter 7 section 141 141a. Training; emergency response providers (a) In general The Commandant (or the Commandant’s designee) may, on a reimbursable or a non-reimbursable basis, make training available to public safety personnel whenever the Commandant (or the Commandant’s designee) determines that— (1) a member of the Coast Guard, who was scheduled to participate in such training, is unable or unavailable to participate in such training; (2) no other member of the Coast Guard, who is assigned to the unit to which the member of the Coast Guard described in paragraph (1), is able or available to participate in such training; and (3) such training, if made available to public safety personnel, would further the goal of interoperability among Federal agencies, non-Federal governmental agencies, or both. (b) Definition of emergency response provider In this section, the term emergency response provider (c) Treatment of reimbursement Any reimbursement for training that the Coast Guard receives under this section shall be credited to the appropriation used to pay the costs for such training. (d) Status; limitation on liability (1) Status Any individual to whom, as an emergency response provider, training is made available under this section shall not be considered a Federal employee for any purpose, including the purposes of— (A) chapter 81 (B) sections 2671 through 2680 of title 28 (relating to tort claims). (2) Limitation on liability The individual described in paragraph (1) or that individual’s employer shall be liable for any claim arising out of such training. . (b) Table of contents The table of contents of chapter 7 section 141 141a. Training; emergency response providers. . 203. Commissioned service retirement Section 291 of title 14, United States Code, is amended— (1) by inserting (a) In general Any regular (2) in subsection (a), as designated— (A) by inserting of the Coast Guard officer (B) by striking President Secretary (3) by adding at the end the following: (b) Active commissioned service The Secretary may authorize the Commandant, through fiscal year 2019, to reduce the requirement under subsection (a) for at least ten years of active service as a commissioned officer to a period of not less than eight years. . 204. Officer promotion zones Section 256(a) of title 14, United States Code, is amended by striking six-tenths one-half 205. Officer evaluation report (a) In general Beginning with the first evaluation cycle after the date of enactment of this Act, the Commandant of the Coast Guard shall reduce lieutenant junior grade evaluation reports to the same length as an ensign or place lieutenant junior grade evaluations on an annual schedule. (b) Board survey The Commandant of the Coast Guard shall survey outgoing promotion board members to determine, at a minimum— (1) which sections of the officer evaluation report were most useful; (2) which sections of the officer evaluation report were least useful; (3) how to better reflect high performers, and (4) any recommendations for improving the officer evaluation report. (c) Survey of officers The Commandant of the Coast Guard shall conduct a survey on the officer evaluation report to— (1) cover at least 10 percent of the officers from each grade of officers from O1 to O6; and (2) determine how much time each member of the rating chain spends on that member's portion of the officer evaluation report. (d) Report (1) In general Not later than 545 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate Committee on Transportation and Infrastructure of the House of Representatives (A) on the findings of the survey under subsection (b); and (B) on the findings of the survey under subsection (c). (2) Format The report under paragraph (1) shall be formatted by each rank, type of board, and position, as applicable. 206. Retired pay; amounts for payments in connection with modernized retirement system (a) In general Chapter 11 section 424a 424b. Retired pay; amounts for payments in connection with modernized retirement system Of the amounts appropriated for retirement pay under this chapter in any fiscal year, the Secretary may use such sums as are necessary for the following purposes (in addition to other amounts that may be available for such purposes) as such purposes relate to a member: (1) Lump sum payment of certain retired pay under section 1415 of title 10. (2) Thrift Savings Plan contributions under section 8440e(e) of title 5. (3) Continuation pay under section 356 of title 37. . (b) Table of contents The table of contents for chapter 11 section 424 424b. Retired pay; amounts for payments in connection with modernized retirement system. . 207. Inclusion of vessel for investigation purposes (a) In general Section 678 of title 14, United States Code, is amended by inserting or vessel aircraft (b) Technical and conforming amendments Chapter 17 (1) in the table of contents of chapter 17, by inserting and vessel Aircraft (2) in the heading for section 678, by inserting and vessel Aircraft 208. Leave for the birth of adoption of a child Section 431 of title 14, United States Code, is amended— (1) by striking Not later than 1 year (a) In general Except as provided in subsection (b), not later than 1 year ; and (2) by adding at the end the following: (b) Leave associated with the birth or adoption of a child Notwithstanding any other provision of law, including section 701 of title 10, the Secretary of the department in which the Coast Guard is operating shall ensure that any rule, policy, or memorandum that provides leave associated with the birth or adoption of a child to officers and enlisted members of the Coast Guard permits, at the discretion of the Commanding Officer— (1) an officer or member to take such leave in increments; and (2) flexible work schedules for such officer or member until all such leave is expended. . 209. Aviation cadets; appointment as Reserve officers; cross reference Section 373(a) of title 14, United States Code, is amended by inserting designated under section 371 cadet 210. Clothing at time of discharge for good of service; repeal Section 482 of title 14, United States Code, and the item relating to that section in the table of contents of chapter 13 of that title, are repealed. 211. Multiyear contracts The Secretary is authorized to enter into a multiyear contract for the procurement of a tenth, eleventh, and twelfth National Security Cutter and associated government-furnished equipment. 212. Coast Guard ROTC Program Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate Committee on Transportation and Infrastructure of the House of Representatives III Marine safety 301. Coast Guard advisory committees (a) Establishment Subtitle I of title 46, United States Code, is amended by adding at the end the following: 7 Coast Guard advisory committees Sec. 701. Administration. 702. Chemical Transportation Advisory Committee. 703. Commercial Fishing Safety Advisory Committee. 704. Great Lakes Pilotage Advisory Committee. 705. Lower Mississippi River Waterway Safety Advisory Committee. 706. Merchant Marine Personnel Advisory Committee. 707. Merchant Mariner Medical Advisory Committee. 708. National Boating Safety Advisory Council. 709. National Maritime Security Advisory Committee. 710. National Offshore Safety Advisory Committee. 711. Navigation Safety Advisory Council. 712. Towing Safety Advisory Committee. 701. Administration (a) Employee status A member of an advisory committee or advisory council established under this chapter shall not be considered an employee of the Federal Government by reason of service on such committee or council, except for the purposes of the following provisions of law: (1) Section 5703 of title 5 (relating to travel expenses). (2) Chapter 81 (3) Chapter 171 (4) If the member is a special Government employee— (A) chapter 73 (B) sections 201, 202, 203, 205, 207, 208, and 209 of title 18; (C) the Ethics in Government Act of 1978 (5 U.S.C. App.); and (D) any other provision of law relating to employee conduct, political activities, ethics, conflict of interest, and corruption that applies to a special Government employee. (b) Compensation A member of an advisory committee or advisory council established under this chapter who is not otherwise a Federal employee shall not receive pay by reason of service on such committee or council. (c) Acceptance of volunteer services A member of an advisory committee or advisory council established under this chapter may serve on a voluntary basis without pay without regard to section 1342 of title 31 or any other law. 702. Chemical Transportation Advisory Committee (a) Establishment There is established a Chemical Transportation Advisory Committee (referred to in this section as the Committee (b) Function The Committee, acting through the Commandant (or the Commandant’s designee), is authorized to advise, consult with, report to, and make recommendations to the Secretary on matters relating to the safe and secure marine transportation of hazardous materials. (c) Organization (1) Meeting The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). (2) Membership (A) In general The Committee shall consist of not more than 25 members. (B) Points of view Each member of the Committee shall represent the point of view of 1 of the following entities or groups associated with marine transportation of hazardous materials: (i) Chemical manufacturing. (ii) Marine handling or transportation of chemicals. (iii) Vessel design and construction. (iv) Marine safety or security. (v) Marine environmental protection. (C) Needs of the Coast Guard The Commandant (or the Commandant's designee) shall, based on the needs of the Coast Guard, determine the number of members who represent a specific point of view. (D) Rule of construction Neither this subsection nor any other provision of law or policy shall be construed to require an equal distribution of members representing specific points of view among the membership of the Committee. (3) Status of members For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 (4) Nominations; appointments; service (A) Nominations As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. (B) Appointments (i) In general After timely notice is published, the Secretary shall, as necessary, appoint members to the Committee. (ii) Limitations The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. (iii) Reappointments The Secretary may reappoint a member to the Committee more than once. (C) Service Each member of the Committee shall serve at the pleasure of the Secretary. (5) Term; vacancy (A) Term (i) In general The term of each member of the Committee shall expire on December 31 of the third full year after the effective date of the appointment. (ii) Extensions Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. (B) Vacancy In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. (6) Chairman; vice chairman (A) In general The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). (B) Recommendations The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. (C) Vacancy The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. (7) Designated Federal Officer The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). (d) Federal Advisory Committee Act; termination (1) FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. (2) Termination The Committee shall terminate on September 30, 2027. 703. Commercial Fishing Safety Advisory Committee (a) Establishment There is established a Commercial Fishing Safety Advisory Committee (referred to in this section as the Committee (b) Function The Committee, acting through the Commandant (or the Commandant’s designee), is authorized— (1) to advise, consult with, report to, and make recommendations to the Secretary on matters relating to the safe operation of vessels to which chapter 45 of this title applies, including navigation safety, safety equipment and procedures, marine insurance, vessel design, construction, maintenance and operation, and personnel qualifications and training; and (2) to review proposed regulations promulgated pursuant to chapter 45 of this title. (c) Organization (1) Meeting The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). (2) Membership (A) In general The Committee shall consist of 18 members. (B) Experience Each member of the Committee shall have particular expertise, knowledge, and experience regarding the commercial fishing industry. (C) Points of view Except as provided in subparagraph (D), a member of the Committee shall represent the point of view of an entity or group, as follows: (i) 10 members representing the commercial fishing industry who— (I) reflect a regional and representational balance; and (II) have experience in the operation of vessels to which chapter 45 of this title applies or as a crew member or processing line worker on a fish processing vessel. (ii) 1 member representing naval architects or marine engineers. (iii) 1 member representing manufacturers of equipment for vessels to which chapter 45 of this title applies. (iv) 1 member representing education or training professionals related to fishing vessel, fish processing vessel, or fish tender vessel safety or personnel qualifications. (v) 1 member representing underwriters that insure vessels to which chapter 45 of this title applies. (vi) 1 member representing owners of vessels to which chapter 45 of this title applies. (D) Exception (i) In general Subject to clause (ii), 3 members of the Committee shall represent the general public. (ii) Experience Whenever possible, a member who represents the general public shall be either— (I) an independent expert or consultant in maritime safety; (II) a marine surveyor who provides services to vessels to which chapter 45 of this title applies; or (III) a person familiar with issues affecting fishing communities and families of fishermen. (3) Status of members For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 (A) a member of the Committee, whom the Secretary appoints to represent a point of view of an entity or group under paragraph (2)(C), is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18); and (B) a member of the Committee, whom the Secretary may appoint to represent the general public, is hereby deemed a special Government employee (as defined in section 202(a) of title 18). (4) Nominations; appointments; service (A) Nominations As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. (B) Appointments (i) In general After timely notice is published, the Secretary shall, as necessary, appoint members to the Committee. (ii) Limitations The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. (iii) Reappointments The Secretary may reappoint a member to the Committee more than once. (C) Service Each member of the Committee shall serve at the pleasure of the Secretary. (5) Term; vacancy (A) Term (i) In general The term of each member of the Committee shall expire on December 31 of the third full year after the effective date of the appointment. (ii) Extensions Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. (B) Vacancy In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. (6) Chairman; vice chairman (A) In general The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). (B) Recommendations The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. (C) Vacancy The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. (7) Designated Federal Officer The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). (d) Consultation The Commandant (or the Commandant’s designee) shall, whenever practicable— (1) consult with the Committee before taking any significant action relating to the safe operation of vessels to which chapter 45 of this title applies; and (2) consider the information, advice, and recommendations of the Committee in consulting with other agencies and the public or in formulating policy regarding the safe operation of vessels to which chapter 45 of this title applies. (e) Federal Advisory Committee Act; termination (1) FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. (2) Termination The Committee shall terminate on September 30, 2027. 704. Great Lakes Pilotage Advisory Committee (a) Establishment There is established a Great Lakes Pilotage Advisory Committee (referred to in this section as the Committee (b) Function; recommendations (1) Functions Subject to paragraph (2), the Committee, acting through the Commandant (or the Commandant’s designee), is authorized— (A) to advise, consult with, report to, and make recommendations to the Secretary on matters relating to Great Lakes pilotage; and (B) to review proposed Great Lakes pilotage regulations and policies and make recommendations to the Secretary that the Committee considers appropriate. (2) Recommendations At least 6 of the 7 members shall agree by vote to make any recommendation under this subsection. (c) Organization (1) Meetings The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). (2) Membership (A) In general The Committee shall consist of 7 members. (B) Experience Except as provided in subparagraph (D), each member of the Committee shall have at least 5 years practical experience in maritime operations. (C) Points of view Except as provided in subparagraph (D), a member of the Committee shall represent the point of view of an entity or group, as follows: (i) 3 members representing the interests of Great Lake pilots, among whom shall be the president of each Great Lake pilotage district (or the president’s designee). (ii) 1 member representing the interests of vessel operators that contract for Great Lakes pilotage services. (iii) 1 member representing the interests of Great Lakes ports. (iv) 1 member representing the interests of shippers whose cargoes are transported through Great Lakes ports. (D) Remaining member 1 member of the Committee— (i) shall have a background in finance or accounting; (ii) must have been recommended to the Secretary by a unanimous vote of the other members of the Committee; and (iii) may be appointed without regard to requirement under subparagraph (B) that each member have 5 years of practical experience in maritime operations. (3) Status of members For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 (A) a member of the Committee, whom the Secretary appoints to represent the point of view of an entity or group under paragraph (2)(C), is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18); and (B) the member of the Committee with the background prescribed under paragraph (2)(D) is hereby deemed a special Government employee (as defined in section 202(a) of title 18). (4) Nominations; appointments; service (A) Nominations As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. (B) Appointments (i) In general After timely notice is published, the Secretary shall, as necessary, appoint members to the Committee. (ii) Limitations The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. (iii) Reappointments The Secretary may reappoint a member to the Committee more than once. (C) Service Each member of the Committee shall serve at the pleasure of the Secretary. (5) Term; vacancy (A) Term (i) In general The term of each member of the Committee shall expire on December 31 of the third full year after the effective date of the appointment. (ii) Extensions Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. (B) Vacancy In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. (6) Chairman; vice chairman (A) Designation The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). (B) Recommendations The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. (C) Vacancy The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. (7) Designated Federal officer The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). (8) Observers (A) In general The Secretary, at the request of the Commandant, may designate 2 individuals to participate as observers in the work of the Committee and offer necessary information for which each observer is uniquely qualified to provide. (B) Requirements Each observer— (i) shall not be deemed a member of the Committee; (ii) shall not vote on any matter before the Committee; (iii) shall not contribute to a quorum; (iv) shall serve without compensation; and (v) shall be responsible for all travel expenses. (C) Designation; experience (i) Experience The Secretary may designate an individual as an observer without regard to the requirement of paragraph (2)(B), except that— (I) 1 observer shall have particular knowledge of the national interests of American pilots; and (II) 1 observer shall have particular knowledge of the interests of Canadian shippers. (ii) Notice The Secretary may designate an individual as an observer without regard to the requirement of paragraph (4)(A), except that the Secretary may solicit, from the Commandant, recommendations with regard to the individual whom the Secretary shall designate as an observer. (iii) Canadian shippers With regard to the individual with particular knowledge of the interests of Canadian shippers, the Secretary may, with the concurrence of the Secretary of State, designate an individual who is a citizen of Canada. (D) Vacancy An observer shall serve a term of not more than 3 years from the effective date of the designation, except that, in the case of a designation to fill a vacancy on the Committee, the observer shall be designated for a full term. (d) Consultation The Commandant (or the Commandant’s designee) shall, whenever practicable— (1) consult with the Committee before taking any significant action relating to Great Lakes pilotage; and (2) consider the information, advice, and recommendations of the Committee in formulating policy regarding matters affecting Great Lakes pilotage. (e) Federal Advisory Committee Act; termination (1) FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. (2) Termination The Committee shall terminate on September 30, 2027. 705. Lower Mississippi River Waterway Safety Advisory Committee (a) Establishment There is established a Lower Mississippi River Waterway Safety Advisory Committee (referred to in this section as the Committee (b) Function The Committee, acting through the Commandant (or the Commandant’s designee), is authorized to advise, consult with, report to, and make recommendations to the Secretary on matters relating to communication, surveillance, traffic management, anchorages, development and operation of New Orleans Vessel Traffic Services, and other related topics dealing with and actions relating to navigational safety on the Lower Mississippi River. (c) Organization (1) Meeting The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). (2) Membership (A) In general The Committee shall consist of 24 members. (B) Experience Each member of the Committee shall have expertise, knowledge, and experience regarding the transportation, equipment, and techniques that are used to ship cargo and to navigate vessels on the Lower Mississippi River and its connecting navigable waterways, including the Gulf of Mexico. (C) Points of view Except as provided in subparagraph (D), each member of the Committee shall represent the point of view of an entity or group, as follows: (i) 5 members representing River Port Authorities between Baton Rouge, Louisiana, and the head of passes of the Lower Mississippi River, of which— (I) 1 member shall be from the Port of St. Bernard; and (II) 1 member from the Port of Plaquemines. (ii) 2 members representing vessel owners or ship owners domiciled in the State of Louisiana. (iii) 2 members representing organizations which operate harbor tugs or barge fleets in the geographical area covered by the Committee. (iv) 2 members representing companies which transport cargo or passengers on the navigable waterways in the geographical area covered by the Committee. (v) 3 members representing State Commissioned Pilot organizations, with 1 member each representing— (I) the New Orleans-Baton Rouge Steamship Pilots Association; (II) the Crescent River Port Pilots Association; and (III) the Association Branch Pilots. (vi) 3 members representing consumers, shippers, or importers and exporters that utilize vessels which utilize the navigable waterways covered by the Committee. (vii) 2 members representing those licensed merchant mariners, other than pilots, who perform shipboard duties on those vessels which utilize navigable waterways covered by the Committee. (viii) 1 member representing an organization that serves in a consulting or advisory capacity to the maritime industry. (ix) 1 member representing an environmental organization. (D) Additional members (i) In general 3 members of the Committee shall represent the general public. (ii) Water transportation facilities Whenever possible, 2 of the 3 members who represent the general public shall be individuals who utilize water transportation facilities located in the geographic area that the Committee covers. (3) Status of members For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 (A) each member of the Committee, whom the Secretary appoints to represent the point of view of an entity or group set out in paragraph (2)(C), is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18); and (B) each member of the Committee, whom the Secretary appoints to represent the general public, is hereby deemed a special Government employee (as defined in section 202(a) of title 18). (4) Nominations; appointments; service (A) Nominations As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. (B) Appointments (i) In general After timely notice is published, the Secretary shall, as necessary, appoint members to the Committee. (ii) Limitations The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. (iii) Reappointments The Secretary may reappoint a member to the Committee more than once. (C) Service Each member of the Committee shall serve at the pleasure of the Secretary. (5) Term; vacancy (A) Term (i) In general The term of each member of the Committee shall expire on December 31 of the third full year after the effective date of the appointment. (ii) Extension Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. (B) Vacancy In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. (6) Chairman; vice chairman (A) In general The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). (B) Recommendations The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. (C) Vacancy The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. (7) Designated Federal Officer The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). (d) Consultation The Commandant (or the Commandant’s designee) shall, whenever practicable, consult with the Committee before taking any significant action relating to navigation safety in the Lower Mississippi River. (e) Federal Advisory Committee Act; termination (1) FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. (2) Termination The Committee shall terminate on September 30, 2027. 706. Merchant Marine Personnel Advisory Committee (a) Establishment There is established a Merchant Marine Personnel Advisory Committee (referred to in this section as the Committee (b) Function The Committee, acting through the Commandant (or the Commandant’s designee), is authorized to advise, consult with, report to, and make recommendations to the Secretary on matters relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards. (c) Meeting The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). (d) Membership (1) In general The Committee shall consist of 19 members. (2) Points of view Except as provided in subparagraph (C), each member of the Committee shall represent the point of view of an entity or group, as follows: (A) 9 members representing the interests of mariners— (i) each of whom— (I) shall be a citizen of the United States; and (II) shall hold an active license or certificate issued under chapter 71 of this title or a merchant mariner document issued under chapter 73 of this title; and (ii) among whom shall be— (I) 3 deck officers representing the interests of merchant marine deck officers, of whom— (aa) 2 shall be licensed for oceans any gross tons; (bb) 1 shall be licensed for inland river route with a limited or unlimited tonnage; (cc) 2 shall have a master's license or a master of towing vessels license; (dd) 1 shall have significant tanker experience; and (ee) to the extent practicable— (AA) 1 shall represent the interests of labor; and (BB) 1 shall represent the interests of management; (II) 3 engineering officers representing the interests of merchant marine engineering officers, of whom— (aa) 2 shall be licensed as chief engineer any horsepower; (bb) 1 shall be licensed as either a limited chief engineer or a designated duty engineer; and (cc) to the extent practicable— (AA) 1 shall represent the interests of labor; and (BB) 1 shall represent the interests of management; (III) 2 unlicensed seamen, of whom— (aa) 1 shall represent the interests of able-bodied seamen; and (bb) 1 shall represent the interests of qualified members of the engine department; and (IV) 1 pilot representing the interests of merchant marine pilots. (B) 6 members representing the interests of marine educators— (i) each of whom shall be a marine educator; and (ii) among whom shall be— (I) 3 marine educators who shall represent the interests of maritime academies, including— (aa) 2 who shall represent the interests of State maritime academies; and (bb) 1 who shall represent either the viewpoint of the State maritime academies or the United States Merchant Marine Academy; and (II) 3 marine educators who shall represent the interests of other maritime training institutions, 1 of whom shall represent the interests of the small vessel industry. (C) 2 members representing the interests of shipping companies employed in ship operation management. (D) 2 members of the Committee shall represent the general public. (3) Status of members (A) In general For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 (i) a member of the Committee, whom the Secretary appoints to represent the point of view of an entity or group set out in paragraph (2)(B), is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18); and (ii) a member of the Committee, whom the Secretary appoints to represent the general public, is hereby deemed a special Government employee (as defined in section 202(a) of title 18). (B) Rule of construction Nothing in this section shall be construed to prohibit the nomination or appointment of a Federal employee to serve as a member of the Committee representing the interests of the United States Merchant Marine Academy. (4) Nominations; appointments; service (A) Nominations As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. (B) Appointments (i) In general After timely notice is published, the Secretary shall, as necessary, appoint members to the Committee. (ii) Limitations The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. (iii) Reappointment The Secretary may reappoint a member to the Committee more than once. (C) Soliciting nominations Notwithstanding subparagraphs (A) and (B), the Secretary may— (i) with regard to the appointment of a member or members to represent the interests of the State maritime academies, solicit nominations for membership on the Committee from each State maritime academy or a joint nomination from some or all State maritime academies; and (ii) with regard to the appointment of a member to represent the interests of the United States Merchant Marine Academy, solicit a nomination for membership on the Committee from the Secretary of Transportation. (D) Service Each member of the Committee shall serve at the pleasure of the Secretary. (5) Term; vacancy (A) Term (i) In general The term of each member of the Committee shall expire on December 31 of the third full year after the effective date of the appointment. (ii) Extensions Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. (iii) Vacancy In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. (6) Chairman; vice chairman (A) In general The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). (B) Recommendations The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. (C) Vacancy The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. (7) Designated Federal Officer The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). (e) Federal Advisory Committee Act; termination (1) FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. (2) Termination The Committee shall terminate on September 30, 2027. 707. Merchant Mariner Medical Advisory Committee (a) Establishment There is established a Merchant Mariner Medical Advisory Committee (referred to in this section as the Committee (b) Function The Committee, acting through the Commandant (or the Commandant’s designee), is authorized to advise, consult with, report to, and make recommendations to the Secretary on matters relating to— (1) medical certification determinations of merchant mariners; (2) medical standards and guidelines for the physical qualifications of operators of commercial vessels; (3) medical examiner education; and (4) medical research. (c) Organization (1) Meeting The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). (2) Membership (A) In general The Committee shall consist of 14 members. (B) Restriction No member of the Committee shall be a regular Federal employee. (C) Experience Of the members of the Committee— (i) 10 members shall be health-care professionals with particular expertise, knowledge, or experience regarding the medical examinations of merchant mariners or occupational medicine; and (ii) 4 members shall be professional mariners with knowledge and experience in mariners’ occupational requirements. (3) Status of members For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 (4) Nominations; appointments; service (A) Nominations As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. (B) Appointments (i) In general After timely notice is published, the Secretary shall, as necessary, appoint members to the Committee. (ii) Limitations The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. (iii) Reappointments The Secretary may reappoint a member to the Committee more than once. (C) Service Each member of the Committee shall serve at the pleasure of the Secretary. (5) Term; vacancy (A) Term (i) In general The term of each member of the Committee shall expire on December 31 of the third full year after the effective date of the appointment. (ii) Extensions Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. (iii) Vacancy In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. (6) Chairman; vice chairman (A) In general The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). (B) Recommendations The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. (C) Vacancy The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. (7) Designated Federal Officer The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). (d) Federal Advisory Committee Act; termination (1) FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. (2) Termination The Committee shall terminate on September 30, 2027. 708. National Boating Safety Advisory Council (a) Establishment There is established a National Boating Safety Advisory Council (referred to in this section as the Council (b) Organization (1) Meeting The Council shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). (2) Membership (A) In general The Council shall consist of 21 members. (B) Experience Each member of the Council shall have particular expertise, knowledge, and experience in recreational boating safety. (C) Points of view Except as provided in subparagraph (D), each member of the Council shall represent the point of view of an entity or group, as follows: (i) 7 members representing State officials responsible for State boating safety programs. (ii) 7 members representing manufacturers, wholesale distributors, or retail distributors of recreational vessels or associated equipment. (iii) At least 5 members representing national recreational boating organizations. (D) Additional members Not more than 2 members of the Council may represent the general public. (E) Panels Additional individuals from an entity or group set out in subparagraph (C) may be appointed to panels of the Council to assist the Council in performing its duties. (3) Status of members For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 (A) a member of the Council, whom the Secretary appoints to represent the point of view of an entity or group set out in paragraph (2)(C), is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18); and (B) in the event that the Secretary appoints a member to represent the general public, such member of the Council is hereby deemed a special Government employee (as defined in section 202(a) of title 18). (4) Nominations; appointments; service (A) Nominations As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Council. (B) Appointments (i) In general After timely notice is published, the Secretary shall, as necessary, appoint members to the Council. (ii) Limitations The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Council. (iii) Vacancy The Secretary may reappoint a member to the Council more than once. (C) Service Each member of the Council shall serve at the pleasure of the Secretary. (5) Term; vacancy (A) Term (i) In general The term of each member of the Council shall expire on December 31 of the third full year after the effective date of the appointment. (ii) Extensions Notwithstanding clause (1), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Council to December 31 of the fifth full year after the effective date of the appointment. (iii) Vacancy In the case of an appointment to fill a vacancy on the Council, the Secretary shall appoint an individual for a full term. (6) Chairman; vice chairman (A) In general The Commandant (or the Commandant’s designee) shall designate 1 member of the Council as the Chairman and another member of the Council as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). (B) Recommendations The Commandant (or the Commandant’s designee) may solicit, from the Council, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. (C) Vacancy The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. (7) Designated Federal Officer The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Council in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). (c) Consultation In addition to the consultation required by section 4302 of this title, the Commandant (or the Commandant’s designee) shall, whenever practicable, consult with the Council on boating safety matters related to chapter 131 of this title. (d) Federal Advisory Committee Act; termination (1) FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Council. (2) Termination The Council shall terminate on September 30, 2027. 709. National Maritime Security Advisory Committee (a) Establishment There is established a National Maritime Security Advisory Committee (referred to in this section as the Committee (b) Function The Committee, acting through the Commandant (or the Commandant’s designee), is authorized to advise, consult with, report to, and make recommendations to the Secretary on matters relating to national maritime security. (c) Organization (1) Meeting The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). (2) Membership (A) In general The Committee shall consist of not less than 8 members, but not more than 12 members. (B) Experience Each member of the Committee shall have at least 5 years practical experience in maritime security operations. (C) Points of view Each member of the Committee shall represent the point of view of an entity or group, as follows: (i) At least 1 member representing the port authorities. (ii) At least 1 member representing the facilities owners or operators. (iii) At least 1 member representing the terminal owners or operators. (iv) At least 1 member representing the vessel owners or operators. (v) At least 1 member representing the maritime labor organizations. (vi) At least 1 member representing the academic community. (vii) At least 1 member representing State or local governments. (viii) At least 1 member representing the maritime industry. (ix) Not more than 4 members, each representing an entity or group, the point of view of which or the area of expertise of which the Commandant (or the Commandant’s designee) determines would aid the Committee’s deliberations. (3) Status of members For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 (4) Nominations; appointments; service (A) Nominations As necessary, the Secretary shall publish in the Federal Register, a notice soliciting nominations for membership on the Committee. (B) Appointments (i) In general After timely notice is published, the Secretary shall appoint members to the Committee. (ii) Limitations The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of an individual in making an appointment to the Committee. (iii) Reappointments The Secretary may reappoint a member to the Committee more than once. (C) Service Each member of the Committee shall serve at the pleasure of the Secretary. (D) Background examinations The Secretary may require an individual to have passed an appropriate security background examination before appointment to the Committee. (5) Term; vacancy (A) Term (i) In general The term of each member of the Committee shall expire on December 31 of the third full year after the effective date of the appointment. (ii) Extensions Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. (iii) Vacancy In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. (6) Chairman; vice chairman (A) In general The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). (B) Recommendations The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. (C) Vacancy The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. (7) Designated Federal Officer The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). (d) Federal Advisory Committee Act; termination (1) FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. (2) Termination The Committee shall terminate on September 30, 2027. 710. National Offshore Safety Advisory Committee (a) Establishment There is established a National Offshore Safety Advisory Committee (referred to in this section as the Committee (b) Function The Committee, acting through the Commandant (or the Commandant’s designee), is authorized to advise, consult with, report to, and make recommendations to the Secretary on matters relating to activities directly involved with, or in support of, the exploration of offshore mineral and energy resources insofar as such activities relate to matters within Coast Guard jurisdiction. (c) Organization (1) Meeting The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). (2) Membership (A) In general The Committee shall consist of 15 members. (B) Points of view Except as provided in subparagraph (C), each member of the Committee shall represent the point of view of an entity or group, as follows: (i) 2 members representing companies, organizations, enterprises, or similar entities engaged in the production of petroleum. (ii) 2 members representing companies, organizations, enterprises, or similar entities engaged in offshore drilling. (iii) 2 members representing companies, organizations, enterprises or similar entities engaged in the support, by offshore supply vessels or other vessels, of offshore operations. (iv) 1 member representing a company, organization, enterprise or similar entity engaged in the construction of offshore facilities. (v) 1 member representing a company, organization, enterprise or similar entity providing diving services to the offshore industry. (vi) 1 member representing a company, organization, enterprise or similar entity providing safety and training services to the offshore industry. (vii) 1 member representing a company, organization, enterprise or similar entity providing subsea engineering, construction or remotely operated vehicle support to the offshore industry. (viii) 2 members representing employees of companies, organizations, enterprises or similar entities engaged in offshore operations, 1 of whom should have recent practical experience on vessels or units involved in the offshore industry. (ix) 1 member representing a company, organization, enterprise or similar entity providing environmental protection, compliance or response services to the offshore industry. (x) 1 member representing a company, organization, enterprise or similar entity engaged in offshore oil exploration or production on the Outer Continental Shelf of Alaska. (C) Additional member 1 member of the Committee shall represent the general public. (3) Status of members For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 (A) a member of the Committee, whom the Secretary appoints to represent the point of view of an entity or group set out in paragraph (2)(C), is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18); and (B) a member of the Committee, whom the Secretary appoints to represent the general public, is hereby deemed a special Government employee (as defined in section 202(a) of title 18). (4) Nominations; appointments; service (A) Nominations As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. (B) Appointments (i) In general After timely notice is published, the Secretary shall, as necessary, appoint members to the Committee. (ii) Limitations The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. (iii) Reappointments The Secretary may reappoint a member to the Committee more than once. (C) Service Each member of the Committee shall serve at the pleasure of the Secretary. (5) Term; vacancy (A) Term (i) In general The term of each member of the Committee shall expire on December 31 of the third full year after the effective date of the appointment. (ii) Extensions Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. (iii) Vacancy In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. (6) Chairman; vice chairman (A) In general The Commandant (or the Commandant’s designee) shall designate one member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). (B) Recommendations The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. (C) Vacancy The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. (7) Designated Federal Officer The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). (d) Federal Advisory Committee Act; termination (1) FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. (2) Termination The Committee shall terminate on September 30, 2027. 711. Navigation Safety Advisory Council (a) Establishment There is established a Navigation Safety Advisory Council (referred to in this section as the Council (b) Function The Council, acting through the Commandant (or the Commandant’s designee), is authorized to advise, consult with, report to, and make recommendations to the Secretary on matters relating to maritime collisions, rammings and groundings, Inland Rules of the Road, International Rules of the Road, navigation regulations and equipment, routing measures, marine information, and aids to navigation systems. (c) Organization (1) Meeting The Council shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). (2) Membership (A) In general The Council shall consist of not more than 21 members. (B) Experience Each member of the Council shall have expertise in Inland and International vessel navigation Rules of the Road, aids to maritime navigation, maritime law, vessel safety, or port safety. (C) Points of view Each member of the Council shall represent the point of view of one of the following entities or groups: (i) Commercial vessel owners or operators. (ii) Professional mariners. (iii) Recreational boaters. (iv) State agencies responsible for vessel or port safety. (v) The Maritime Law Association. (3) Status of members For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 (4) Nominations; appointments; service (A) Nominations As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Council. (B) Appointments (i) In general After timely notice is published, the Secretary shall, as necessary, appoint members to the Council. (ii) Limitations The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Council. (iii) Reappointments The Secretary may reappoint a member to the Council more than once. (C) Service Each member of the Council shall serve at the pleasure of the Secretary. (5) Term; vacancy (A) Term (i) In general The term of each member of the Council shall expire on December 31 of the third full year after the effective date of the appointment. (ii) Extensions Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Council to December 31 of the fifth full year after the effective date of the appointment. (iii) Reappointments In the case of an appointment to fill a vacancy on the Council, the Secretary shall appoint an individual for a full term. (6) Chairman; vice chairman (A) In general The Commandant (or the Commandant’s designee) shall designate 1 member of the Council as the Chairman and another member of the Council as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). (B) Recommendations The Commandant (or the Commandant’s designee) may solicit, from the Council, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. (C) Vacancy The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. (7) Designated Federal Officer The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Council who shall perform the duties set forth in section 10(c) (d) Federal Advisory Committee Act; termination (1) FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Council. (2) Termination The Council shall terminate on September 30, 2027. 712. Towing Safety Advisory Committee (a) Establishment There is established a Towing Safety Advisory Committee (referred to in this section as the Committee (b) Function The Committee, acting through the Commandant (or the Commandant’s designee), is authorized to advise, consult with, report to, and make recommendations to the Secretary on matters relating to shallow-draft inland navigation, coastal waterway navigation, and towing safety. (c) Organization (1) Meeting The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). (2) Membership (A) In general The Committee shall consist of 18 members. (B) Experience Each member of the Committee shall have particular expertise, knowledge, and experience regarding— (i) shallow-draft inland navigation or coastal waterway navigation; and (ii) towing safety. (C) Points of view Except as provided in subparagraph (D), each member of the Committee shall represent the point of view of an entity or group, as follows: (i) 7 members representing the barge and towing industry, reflecting a regional geographic balance. (ii) 1 member representing the offshore mineral and oil supply vessel industry. (iii) 1 member representing Masters or Pilots of towing vessels who have experience on the Western Rivers and the Gulf Intracoastal Waterway. (iv) 1 member representing Masters of towing vessels who have experience in offshore service. (v) 1 member representing Masters of towing vessels who have experience in harbor-assist operations. (vi) 1 member representing towing vessel engineers. (vii) 2 members representing port districts, authorities, or terminal operators. (viii) 1 member representing shippers. (ix) 1 member representing shippers who are engaged in the chartering or shipping of oil or hazardous materials by barge. (D) Additional members 2 members of the Committee shall represent the general public. (3) Status of members For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 (A) a member of the Committee, whom the Secretary appoints to represent the point of view of an entity or group set out in paragraph (2)(C), is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18); and (B) a member of the Committee, whom the Secretary appoints to represent the general public, is hereby deemed a special Government employee (as defined in section 202(a) of title 18). (4) Nominations; appointments; service (A) Nominations As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. (B) Appointments (i) In general After timely notice is published, the Secretary shall, as necessary, appoint members to the Committee. (ii) Limitations The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of an individual in making an appointment to the Committee. (iii) Reappointments The Secretary may reappoint a member to the Committee more than once. (C) Service Each member of the Committee shall serve at the pleasure of the Secretary. (5) Term; vacancy (A) Term (i) In general The term of each member of the Committee shall expire on December 31 of the third full year after the effective date of the appointment. (ii) Extensions Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. (iii) Vacancy In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. (6) Chairman; vice chairman (A) In general The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). (B) Recommendations The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. (C) Vacancy The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. (7) Designated Federal Officer The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). (d) Consultation The Commandant (or the Commandant’s designee) shall, whenever practicable, consult with the Committee before taking any significant action affecting shallow-draft inland navigation, coastal waterway navigation, and towing safety. (e) Federal Advisory Committee Act; termination (1) FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. (2) Termination The Committee shall terminate on September 30, 2027. . (b) Technical and conforming amendments (1) Table of chapters The table of chapters for subtitle I of title 46, United States Code, is amended by adding at the end the following: 7. Coast Guard advisory committees 701 . (2) Commercial Fishing Safety Advisory Committee (A) Repeal Section 4508 of title 46, United States Code, is repealed. (B) Table of contents The table of contents of chapter 45 (3) Great Lakes Pilotage Advisory Committee (A) Repeal Section 9307 of title 46, United States Code, is repealed. (B) Table of contents The table of contents of chapter 93 (4) Lower Mississippi River Waterway Safety Advisory Committee Section 19 of the Coast Guard Authorization Act of 1991 ( Public Law 102–241 (5) Merchant Marine Personnel Advisory Committee (A) Repeal Section 8108 of title 46, United States Code, is repealed. (B) Table of contents The table of contents of chapter 81 (6) Merchant Mariner Medical Advisory Committee (A) Repeal Section 7115 of title 46, United States Code, is repealed. (B) Table of contents The table of contents of chapter 71 (7) National Boating Safety Advisory Council (A) Repeal Section 13110 of title 46, United States Code, is repealed. (B) Table of contents The table of contents of chapter 131 (C) Technical amendment Section 4302(c)(4) of title 46, United States Code, is amended by striking 13110 708 (8) National Maritime Security Advisory Committee Section 109(a)(1) of the Maritime Transportation Security Act of 2002 ( 46 U.S.C. 70101 section 70112 of title 46, United States Code, as amended by this Act section 709 of title 46, United States Code (9) Navigation Safety Advisory Council Section 5 of the Inland Navigational Rules Act of 1980 ( 33 U.S.C. 2073 (10) Towing Safety Advisory Committee The Act to establish a Towing Safety Advisory Committee in the Department of Transportation, approved October 6, 1980 ( 33 U.S.C. 1231a (c) Area Maritime Security Advisory Committees (1) In general Section 70112 of title 46, United States Code, is amended— (A) in the heading, by striking Maritime Security Advisory Committees Area Maritime Security Advisory Committees (B) by amending subsection (a) to read as follows: (a) Establishment of Committees (1) The Secretary may— (A) establish an Area Maritime Security Advisory Committee for any port area of the United States; and (B) request an Area Maritime Security Committee to review the proposed Area Maritime Transportation Security Plan developed under section 70103(b) and make recommendations to the Secretary that the Committee considers appropriate. (2) Each Area Maritime Security Advisory Committee— (A) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to maritime security in that area; (B) may make available to the Congress recommendations that the Committee makes to the Secretary; and (C) shall meet at the call of— (i) the Secretary, who shall call such a meeting at least once during each calendar year; or (ii) a majority of the Committee. ; (C) in subsection (b)— (i) in paragraph (1), by striking of the committees Area Maritime Security Advisory Committee (ii) in paragraph (3)— (I) by striking such a committee an Area Maritime Security Advisory Committee (II) by striking the committee an Area Maritime Security Advisory Committee (iii) in paragraph (4), by striking the Committee an Area Maritime Security Advisory Committee (iv) in paragraph (5)— (I) by striking subparagraph (A); and (II) in subparagraph (B), by striking (B) (D) in subsection (c)(1), by striking committee Area Maritime Security Advisory Committee (E) by striking subsection (d); (F) by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively; (G) in subsection (d), as redesignated— (i) by striking the Committee an Area Maritime Security Advisory Committee (ii) by striking the period at the end and inserting for an area. (H) in subsection (e), as redesignated— (i) in paragraph (1), by striking a committee an Area Maritime Security Advisory Committee (ii) in paragraph (2), by striking such a committee an Area Maritime Security Advisory Committee (I) by amending subsection (f), as redesignated, to read as follows: (f) Federal Advisory Committee Act; termination date (1) FACA The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to Area Maritime Security Advisory Committees established under this section. (2) Termination The Area Maritime Security Advisory Committees shall terminate on September 30, 2027. . (d) Table of contents The table of contents of chapter 701 Maritime Security Advisory Committees Area Maritime Security Advisory Committees (e) Houston-Galveston Navigation Safety Advisory Committee; repeal Section 18 of the Coast Guard Authorization Act of 1991 ( Public Law 102–241 (f) Transition of Coast Guard advisory committees (1) In general Notwithstanding the amendments made under subsections (b) and (c) of this section, an advisory committee described in paragraph (2) of this subsection shall continue to be subject to the requirements under law to which such advisory committee was subject as in effect on the day before the date of enactment of this Act, including its charter, and the members appointed to such advisory committee shall continue to serve pursuant thereto, until the Secretary of the department in which the Coast Guard is operating makes the applicable appointments under sections 702 through 712 of title 46, United States Code. (2) Coast Guard advisory committees An advisory committee described in this paragraph is as follows: (A) Chemical Transportation Advisory Committee. (B) Commercial Fishing Safety Advisory Committee established under section 4508 of title 46, United States Code. (C) Great Lakes Pilotage Advisory Committee established under section 9307 of title 46, United States Code. (D) Lower Mississippi River Waterway Safety Advisory Committee established under section 19 of the Coast Guard Authorization Act of 1991 ( Public Law 102–241 (E) Merchant Marine Personnel Advisory Committee established under section 8108 of title 46, United States Code. (F) Merchant Mariner Medical Advisory Committee established under section 7115 of title 46, United States Code. (G) National Boating Safety Advisory Committee established under section 13110 of title 46, United States Code. (H) National Maritime Security Advisory Committee established under section 70112 of title 46, United States Code. (I) National Offshore Safety Advisory Committee. (J) Navigation Safety Advisory Council established under section 5 of the Inland Navigational Rules Act of 1980 ( 33 U.S.C. 2073 (K) Towing Safety Advisory Committee established under the Act entitled the Act to establish a Towing Safety Advisory Committee in the Department of Transportation 33 U.S.C. 1231a (3) Deadline Not later than 2 years after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall make the appointments, and file any necessary charters, under sections 702 through 712 of title 46, United States Code. 302. Clarification of logbook and entry requirements Section 11304 of title 46, United States Code, is amended— (1) in subsection (a)— (A) by striking an official logbook, which a logbook, which may be in any form, including electronic, and (B) by inserting or a ferry, passenger vessel, or small passenger vessel (as those terms are defined in section 2101) Canada (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking log book logbook (B) by amending paragraph (3) to read as follows: (3) Each illness of or injury, the nature of the illness or injury, and any medical treatment administered. . 303. Technical corrections; licenses, certifications of registry, and merchant mariner documents Part E of subtitle II of title 46, United States Code, is amended— (1) in section 7106(b), by striking merchant mariner’s document license (2) in section 7107(b), by striking merchant mariner’s document certificate of registry (3) in section 7507(b)(2), by striking a merchant mariner’s document a license or a certificate of registry. 304. Numbering for undocumented barges Chapter 121 (1) in section 12102— (A) in subsection (c), by adding at the end the following: The Secretary may require such an undocumented barge more than 100 gross tons operating on the navigable waters of the United States to be numbered under chapter 123 of this title. (B) in subsection (d), by striking Secretary of Transportation Secretary of the department in which the Coast Guard is operating (2) in section 12301— (A) by striking subsection (b); and (B) by striking the subsection designation in subsection (a) and indenting appropriately. 305. Aids to navigation (a) Authorizations Section 210(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 (1) in paragraph (1), by striking ; and (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following: (3) up to 100 percent of the Coast Guard’s eligible operations and maintenance costs necessitated by the completion of a navigation improvement project. . (b) Definitions Section 214(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2241 (1) in subparagraph (A), by striking subparagraph (B) subparagraphs (B) and (C) (2) by redesignating subparagraph (C) as subparagraph (D); (3) by inserting after subparagraph (B) the following: (C) As applied to the Coast Guard, the term eligible operations and maintenance ; and (4) in subparagraph (D), as redesignated, by striking the period at the end and inserting , except as applied to the Coast Guard under subparagraph (C). 306. Equipment requirements; exemption from throwable personal flotation devices Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall revise section 175.17 of title 33, Code of Federal Regulations, to exempt paddleboards and rafts from the requirement for carriage of an additional throwable personal flotation device if each person is required to wear a personal flotation device while under way and at least 1 rescue throw bag, as typically used in whitewater rafting, is on board. 307. Ensuring maritime coverage In order to meet all of the mission requirements of its maritime response program, as the Coast Guard recapitalizes assets, it shall ensure continuity of the coverage currently provided by that program to locations that may lose assets. 308. Deadline for compliance with alternate safety compliance program (a) In general Section 4503(d) of title 46, United States Code, is amended— (1) in paragraph (1), by striking After January 1, 2020, the Secretary, if Subject to paragraph (3), beginning on the date that is 3 years after the date that the Secretary prescribes an alternate safety compliance program, a fishing vessel, fish processing vessel, or fish tender vessel to which section 4502(b) of this title applies shall comply with the alternate safety compliance program if (2) in paragraph (2), by striking establishes standards for an alternate safety compliance program, shall comply with such an alternative safety compliance program that is developed in cooperation with the commercial fishing industry and prescribed by the Secretary prescribes an alternate safety compliance program under paragraph (1), shall comply with the alternate safety compliance program (3) by amending paragraph (3) to read as follows: (3) For purposes of paragraph (1), a separate alternate safety compliance program may be developed for a specific region or specific fishery. . (b) Final rule Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue a final rule implementing the alternate safety compliance programs under section 4503 of title 46, United States Code, as amended by subsection (a) of this section. 309. Fishing, fish tender, and fish processing vessel certification (a) Nonapplication Section 4503(c)(2)(A) of title 46, United States Code, is amended by striking 79 180 (b) Determining when keel is laid Section 4503 of title 46, United States Code, is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: (g) For purposes of this section, a keel is laid when a structure, adequate of serving as a keel for a vessel greater than 79 feet in length is identified for use in the construction of a specific vessel and is so affirmed by a marine surveyor. . 310. Termination of unsafe operations; technical amendment Section 4505 of title 46, United States Code, is amended by striking 4503(1) 4503(a)(1) 311. Installation and use of engine cut-off switches on recreational vessel (a) Use of engine cut-Off switch links (1) Requirement The Secretary of the department in which the Coast Guard is operating shall revised the regulations under part 175 of title 33, Code of Federal Regulations, to prohibit a person from operating a recreational vessel 25 feet or less in length unless— (A) the person is wearing an engine cut-off switch link while operating on plane or above displacement speed; and (B) the engine cut-off switch is factory equipped on the primary propulsion machinery. (2) Exceptions The requirement under paragraph (1) shall not apply to the following: (A) A vessel 25 feet or less in length whose main helm is installed within an enclosed cabin that would protect an operator from being thrown overboard should the operator be displaced from the helm. (B) A vessel with propulsion machinery developing static thrust of less than 115 pounds or 3 horsepower. (C) A vessel without factory equipped engine cut-off switches. (b) Installation of engine cut-Off switches The Secretary of the department in which the Coast Guard is operating shall revise the regulations under part 183 of title 33, Code of Federal Regulations, to require an equipment manufacturer, distributor, or dealer that installs propulsion machinery and associate starting controls on a recreational vessel 25 feet or less in length and capable of developing at least 115 pounds of static thrust to install an engine cut-off switch on such recreational vessel in accordance with the American Boat and Yacht Standard A–33, as amended. (c) Penalty A person that violates a regulation promulgated under subsection (a)(1) of this section shall be subject to a civil penalty under section 4311 of title 46, United States Code, not to exceed— (1) $100 for the first offense; (2) $250 for the second offense; and (3) $500 for any subsequent offense. (d) Preemption In accordance with section 4306 of title 46, United States Code, a State may not establish, continue in effect, or enforce any law or regulation addressing engine cut-off switch requirements that is not identical to a regulation prescribed under this section. (e) Definitions In this section: (1) Engine cut-off switch The term engine cut-off switch (A) the switch is not properly connected; or (B) the switch components are submerged in water or separated from the switch by a predetermined distance. (2) Engine cut-off switch link The term engine cut-off switch link (f) Effective dates A regulation prescribed under this section shall specify an effective date that is not earlier than 1 year from the date the regulation was published. 312. Visual distress signals and alternative use (a) In general The Secretary of the department in which the Coast Guard is operating shall develop a performance standard for the alternative use and possession of visual distress signals as mandated by carriage requirements for recreational boats in subpart C of part 175 of title 33, Code of Federal Regulations. (b) Regulations Not later than 180 days after the performance standard for alternative use and possession of a visual distress signal is finalized, the Secretary shall revise part 175 of title 33, Code of Federal Regulations, to allow for carriage of such alternative signal devices. (c) EPIRBs and PLBs In revising the regulations under subsection (b), the Secretary shall allow use of a position indicating radio beacons (EPIRBs) or Personal Locating Devices (PLBs) of 406 megahertz, operating on the COSPAS–SARSAT system to meet the alternative carriage requirements for recreational boats under subpart C of part 175 of title 33, Code of Federal Regulations. 313. Renewal period for documented recreational vessels (a) In general Not later than 2 years after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue certificates of documentation for recreational vessels effective for 5 years and charge a nonrefundable fee of $130 per issuance. (b) Fees All fees collected from recreational vessel owners under subsection (a) shall be available to fund recreational vessel documentation costs until expended. 314. Exception from survival craft requirements Section 3104 of title 46, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Auxiliary craft (1) Exception Subject to paragraph (2), this section shall not apply to a vessel carrying an auxiliary craft on board, except an inflatable liferaft, if the auxiliary craft— (A) is readily accessible during an emergency; and (B) is capable of safely holding all individuals on board the vessel. (2) Requirement A vessel described in paragraph (1) may not exceed the rated capacity on the capacity plate of the auxiliary craft if the auxiliary craft is equipped with a Coast Guard required capacity plate. . 315. Inland waterway and river tender acquisition plan (a) Acquisition plan Not later than 545 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate Committee on Transportation and Infrastructure of the House of Representatives (b) Contents The plan described in subsection (a) shall include— (1) a schedule for the acquisition to begin; (2) the date the first vessel will be delivered; (3) the date the acquisition will be complete; (4) a description of the order and location of replacements; (5) an estimate of the cost per vessel and for total acquisition program of record; and (6) an analysis of whether existing vessels can be used. 316. Arctic planning criteria (a) In general Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate Committee on Transportation and Infrastructure of the House of Representatives (b) Contents The report shall include the following: (1) Levels of equipment and assets. (2) Location the equipment and assets that are to be deployed, including an estimate of the time to deploy the equipment and assets. (3) A determination on the degree of how effectively the assets are distributed throughout the area. (4) A statement on whether performance of ability to deploy equipment is taken into account when measuring the level of equipment available. (5) Validation of port assessment visit process and response resource inventory. (6) A description of the resources need throughout the Coast Guard to conduct port assessments, exercises, response plan review and spill responses. (c) Definition of Arctic In this section, the term Arctic 15 U.S.C. 4111 IV Maritime security 401. Maritime border security cooperation The Secretary of the department in which the Coast Guard is operating shall, in accordance with law— (1) partner with other Federal, State, and local government agencies to leverage technology, including existing sensor and camera systems and other sensors, to provide continuous monitoring of the maritime border; and (2) enter into such agreements as the Secretary considers necessary to ensure 24-hour monitoring of such technology. 402. Currency detection canine team program (a) Definitions In this section: (1) Canine currency detection team The term canine currency detection team (2) Secretary The term Secretary (b) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a program to allow the use of canine currency detection teams for purposes of Coast Guard maritime law enforcement and maritime security operations, including underway vessel boardings. (c) Operation The Secretary may cooperate with, or enter into an agreement with, the head of another Federal agency to meet the requirements under subsection (b). 403. Confidential investigative expenses Section 658 of title 14, United States Code, is amended by striking $45,000 $250,000 404. Arctic maritime domain awareness (a) In general The Secretary of the department in which the Coast Guard is operating shall conduct a 1-year pilot program to determine the impact of persistent aircraft-based surveillance on illegal maritime activities in the Alaskan and Western Pacific regions. (b) Requirements The pilot program shall— (1) use light aircraft-based detection systems which can identify potential illegal activity from higher altitudes and produce enforcement-quality evidence at lower altitudes; and (2) be directed at detecting and deterring illegal, unreported, and unregulated fishing and enhancing maritime domain awareness. 405. Strategic assets in the Arctic (a) Definition of Arctic In this section, the term Arctic 15 U.S.C. 4111 (b) Sense of Congress It is the sense of Congress that— (1) the Arctic continues to grow in significance to both the national security interests and the economic prosperity of the United States; and (2) the Coast Guard must ensure it is positioned to respond to any accident, incident, or threat with appropriate assets. (c) Report Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate Committee on Transportation and Infrastructure of the House of Representatives (d) Contents The report under subsection (c) shall include— (1) a description of the Coast Guard's progress toward each strategic objective; (2) plans to provide communications throughout the entire Coastal Western Alaska Captain of the Port zone to improve waterway safety and mitigate close calls, collisions, and other dangerous interactions between the shipping industry and subsistence hunters; (3) plans to prevent marine casualties, when possible, by ensuring vessels avoid environmentally sensitive areas and permanent security zones; (4) an explanation of— (A) whether it is feasible to establish a vessel traffic service, using existing resources or otherwise; and (B) whether an Arctic Response Center of Expertise is necessary to address the gaps in experience, skills, equipment, resources, training, and doctrine to prepare, respond to, and recover spilled oil in the Arctic; (5) an assessment of whether sufficient agreements are in place to ensure the Coast Guard is receiving the information it needs to carry out its responsibilities; (6) an assessment of the assets and infrastructure necessary to meet the strategic objectives identified in the United States Coast Guard Arctic Strategy dated May 2013 based on factors such as— (A) response time; (B) coverage area; (C) endurance on scene; (D) presence; and (E) deterrence; and (7) an analysis of National Security Cutters, Offshore Patrol Cutters, and Fast Response Cutters capabilities based on the factors described in subparagraphs (A) through (E) of paragraph (6), both stationed from various Alaska ports and in other locations. V Miscellaneous 501. Ship shoal lighthouse transfer; repeal Section 27 of the Coast Guard Authorization Act of 1991 ( Public Law 102–241 502. Acquisition workforce expedited hiring authority (a) Expedited hiring authority (1) In general Chapter 15 section 563 563a. Acquisition workforce expedited hiring authority For purposes of section 3304 of title 5, the Commandant of the Coast Guard may— (1) designate any category of acquisition positions within the Coast Guard as shortage category positions; and (2) use the authorities in such section to recruit and appoint highly qualified persons directly to positions so designated. . (2) Table of contents The table of contents of chapter 15 section 563 563a. Acquisition workforce expedited hiring authority. . (3) Repeal Section 404 of the Coast Guard Authorization Act of 2010 ( Public Law 111–281 (b) Acquisition workforce reemployment authority (1) In general Chapter 15 563b. Acquisition workforce reemployment authority (a) In general Except as provided in subsection (b), if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in any category of acquisition positions designated by the Commandant of the Coast Guard under section 563a of this title, the annuity of an annuitant so employed shall continue. An annuitant so reemployed shall not be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 (b) (1) Election An annuitant retired under section 8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity from the Civil Service Retirement and Disability Fund, who becomes employed in a position within the Coast Guard after the date of enactment of the Coast Guard Authorization Act of 2017 (A) Deadline An election for coverage under this subsection shall be filed not later than 90 days after the Commandant takes reasonable actions to notify employees who may file an election. (B) Coverage If an employee files an election under this subsection, coverage shall be effective beginning on the first day of the first applicable pay period beginning on or after the date of the filing of the election. (2) Application Paragraph (1) shall apply to an individual who is eligible to file an election under subparagraph (A) and does not file a timely election under subparagraph (B). . (2) Table of contents The table of contents of chapter 15 563b. Acquisition workforce reemployment authority. . 503. Drawbridges (a) Purposes The purposes of this section are— (1) to ensure the public is made aware of any temporary change to a drawbridge operating schedule; and (2) to ensure the operators are maintaining logs of drawbridge movement. (b) Temporary changes to drawbridge operating schedules Section 5 of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes 33 U.S.C. 499 (d) Temporary changes to drawbridge operating schedules Notwithstanding section 553 of title 5, United States Code, whenever a temporary change to the operating schedule of a drawbridge, lasting 180 days or less, is approved— (1) the Secretary of the department in which the Coast Guard is operating shall— (A) issue a deviation approval letter to the bridge owner; (B) publish a notice of the temporary deviation from the regulations in the Federal Register; and (C) announce the temporary change in— (i) the Local Notice to Mariners; (ii) broadcast notices to mariners through the Coast Guard radio station or Navy radio station, or both; or (iii) such other local media as the Secretary considers appropriate; and (2) the bridge owner, except a railroad bridge owner, shall notify— (A) the public by publishing notice of the temporary change in a newspaper of general circulation published in the place where the bridge is located; (B) the department, agency, or office of transportation with jurisdiction over the roadway that abuts the approaches to the bridge; and (C) the law enforcement organization with jurisdiction over the roadway that abuts the approaches to the bridge. (e) Drawbridge movements The Secretary of the department in which the Coast Guard is operating— (1) shall require a drawbridge operator to record each movement of the drawbridge in a log; (2) may inspect the log to ensure drawbridge movement is in accordance with the posted operating schedule; and (3) may determine if the operating schedule should be adjusted for efficiency. . 504. Incentive contract; Coast Guard yard and industrial establishments (a) In general Whenever the parties to a project order for industrial work to be performed by the Coast Guard Yard or a designated Coast Guard industrial establishment agree that delivery or technical performance of the wage-grade industrial employees may, during the term of such project order, improve, the parties to such project order may, notwithstanding any other provision of law, including any provision of law that provides for the time or purpose of appropriated funds, enter into an incentive project order or a cost-plus-incentive-fee project order by which an agreed upon amount of the adjustment to be made pursuant to section 648(a) of title 14, United States Code, may, notwithstanding that provision of law or any other provision of law, be distributed as an incentive to the wage-grade industrial employees who completed the project order. (b) Condition Before entering into an incentive project order or a cost-plus-incentive-fee project order, the commanding officer of the Coast Guard Yard or the commanding officer of the Coast Guard industrial establishment, as the case may be, shall complete a determination and finding for such incentive project order or cost-plus-incentive-fee project order that justifies the use of such project order as in the best interest of the Federal Government. (c) Treatment of incentive award Notwithstanding any other provision of law, in the event that the industrial workforce of the Coast Guard Yard or a Coast Guard industrial establishment satisfies the performance target set out in an incentive project order or a cost-plus-incentive-fee project order— (1) the adjustment to be made pursuant to section 648(a) of title 14, United States Code, shall, notwithstanding that provision of law, be reduced by the agreed amount and distributed as an incentive to such wage-grade industrial employees; and (2) the remainder of the adjustment shall be credited to the appropriation current at that time. 505. Coast Guard health-care professionals; licensure portability (a) In general Section 1094(d)(1) of title 10, United States Code, shall apply in the same manner and to the same degree as such section applies to a health-care professional described in subsection (d)(2) of that section to a health-care professional described in subsection (b) of this section. (b) Health-Care professional A health-care professional described in this subsection is a member of the Coast Guard, civilian employee of the Coast Guard, member of the Public Health Service assigned to the Coast Guard, personal services contractor under section 1091 of title 10, United States Code, or other health-care professional credentialed and privileged at a Federal health care institution or location specially designated by the Secretary of the department in which the Coast Guard is operating for this purpose who— (1) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and (2) is performing authorized duties for the Coast Guard. 506. Land exchange; Ayakulik Island, Alaska (a) Land exchange; Ayakulik Island, Alaska If the owner of Ayakulik Island, Alaska, offers to exchange the Island for the Tract— (1) within 30 days after receiving such offer, the Secretary shall provide notice of the offer to the Commandant; (2) within 30 days after receiving the notice under paragraph (1), the Commandant shall develop and transmit to the Secretary proposed operational restrictions on commercial activity conducted on the Tract, including the right of the Commandant to— (A) order the immediate termination, for a period of up to 72 hours, of any activity occurring on or from the Tract that violates or threatens to violate 1 or more of such restrictions; or (B) commence a civil action for appropriate relief, including a permanent or temporary injunction enjoining the activity that violates or threatens to violate such restrictions; (3) within 30 days after receiving the proposed operational restrictions from the Commandant, the Secretary shall transmit such restrictions to the owner of Ayakulik Island; and (4) within 30 days after transmitting the proposed operational restrictions to the owner of Ayakulik Island, and if the owner agrees to such restrictions, the Secretary shall convey all right, title, and interest of the United States in and to the Tract to the owner, subject to an easement granted to the Commandant to enforce such restrictions, in exchange for all right, title, and interest of such owner in and to Ayakulik Island. (b) Boundary revisions The Secretary may make technical and conforming revisions to the boundaries of the Tract before the date of the exchange. (c) Public land order Effective on the date of an exchange under subsection (a), Public Land Order 5550 shall have no force or effect with respect to submerged lands that are part of the Tract. (d) Failure To timely respond to notice If the Commandant does not transmit proposed operational restrictions to the Secretary within 30 days after receiving the notice under subsection (a)(1), the Secretary shall, by not later than 60 days after transmitting such notice, convey all right, title, and interest of the United States in and to the Tract to the owner of Ayakulik Island in exchange for all right, title, and interest of such owner in and to Ayakulik Island. (e) CERCLA not affected This section and an exchange under this section shall not be construed to limit the application of or otherwise affect section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) (f) Definitions In this section: (1) Commandant The term Commandant (2) Secretary The term Secretary (3) Tract The term Tract PROPOSED PROPERTY EXCHANGE AREA PROPOSED PROPERTY EXCHANGE PARCEL 507. Abandoned seafarers fund amendments Section 11113 of title 46, United States Code, is amended— (1) in subsection (a)(2), by striking may be appropriated to the Secretary shall be available to the Secretary without further appropriation, and shall remain available until expended, (2) in subsection (c)— (A) in paragraph (1), by inserting plus a surcharge of 25 percent of such total amount, seafarer, (B) by striking paragraph (4). 508. Assistance for small shipyards (a) In general Section 54101 of title 46, United States Code, is amended— (1) in the heading, by striking and maritime communities (2) in subsection (a)(2), by striking in communities relating to shipbuilding, ship repair, and associated industries. (3) by amending subsection (b)(1) to read as follows: (1) consider projects that foster— (A) efficiency, competitive operations, and quality ship construction, repair, and reconfiguration; and (B) employee skills and enhancing productivity related to shipbuilding, ship repair, and associated industries; and ; (4) in subsection (c)(1), by striking subparagraphs (A), (B), and (C) and inserting the following: (A) to make capital and related improvements in small shipyards; and (B) to provide training for workers in shipbuilding, ship repair, and associated industries. ; (5) in subsection (d), by striking unless (6) in subsection (e)— (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2); and (7) in subsection (i), by striking for each of fiscal years 2015 through 2017 to carry out this section $5,000,000 for each of fiscal years 2018 and 2019. (b) Technical amendment Section 54101(f)(2) is amended by striking shall include shall include a comprehensive description of— (1) the need for the project; (2) the methodology for implementing the project; and (3) any existing programs or arrangements that can be used to supplement or leverage assistance under the program. . (c) Savings clause Nothing in this section, or the amendments made by this section, shall affect an agreement to provide assistance under section 54101 of title 46, United States Code, that was executed before October 1, 2017. Such an agreement shall continue to be subject to the requirements to which such agreement was subject under section 54101 of that title as in effect on the day before October 1, 2017. 509. Small shipyard contracts (a) In general Chapter 17 section 667 667a. Construction of Coast Guard vessels and assignment of vessel projects The assignment of Coast Guard vessel conversion, alteration, and repair projects shall be based on economic and military considerations and may not be restricted by a requirement that certain parts of Coast Guard shipwork be assigned to a particular type of shipyard or geographical area or by a similar requirement. . (b) Table of contents The table of contents of chapter 17 section 667 667a. Construction of Coast Guard vessels and assignment of vessel projects. . 510. Western challenger; certificate of documentation Section 604(b) of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 ( Public Law 113–281 and a fisheries endorsement endorsement VI Department of Commerce vessels 601. Waivers for certain contracts Section 3134 of title 40, United States Code, is amended— (1) by inserting Secretary of Homeland Security, Air Force, (2) by adding at the end the following: (c) Commerce The Secretary of Commerce may waive this subchapter with respect to contracts for the construction, alteration, or repair of vessels, regardless of the terms of the contracts as to payment or title, when the contract is made under the Act entitled An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes 33 U.S.C. 883a .

Summary: Coast Guard Authorization Act of 2017 This bill authorizes: (1) appropriations for the Coast Guard for FY2018-FY2019, and (2) a specified level of end-of-year strength for active duty personnel and military training student loads for such fiscal years. The bill addresses: (1) training for public safety personnel, (2) service member benefits for Coast Guard personnel, (3) contracts to procure three National Security Cutters, and (4)the Coast Guard Reserve Officers' Training Corps Program. The bill revises or sets forth policies relating to the Coast Guard, including Coast Guard advisory committees, numbering for undocumented barges, aids to navigation, requirements for personal flotation devices, the alternate safety compliance program, vessel certification, the installation and use of engine cut-off switches on recreational vessels, visual distress signals for recreational boats, auxiliary craft requirements, the Coast Guard's inland waterway and river tenders fleet, arctic planning, maritime security, acquisition workforce expedited hiring authority, drawbridges, incentive contracts for Coast Guard Yard or Coast Guard industrial establishments, Coast Guard health care professionals, land exchanges, shipyards, and waivers for certain contracts.