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‘‘(iii) undermine the border security 
efforts and operations of the United 
States; 
‘‘(iv) enter the United States in viola-
tion of Federal law; 
‘‘(v) are unlawfully present in the 
United States; 
‘‘(vi) are members of a criminal gang 
or participate in gang-related crimes, ex-
cept as described in subsection (f)(3); 
‘‘(vii) constitute threats to the public 
safety; or 
‘‘(viii) are otherwise subject to exclu-
sion, deportation, or removal from the 
United States. 
‘‘(C) refer for prosecution aliens described 
in subparagraph (B) or section 922(g)(5) of 
title 18, United States Code; 
‘‘(D) have custody (and the authority to 
release) over aliens detained for potential exclu-
sion, deportation, or removal from the United 
States, manage the administrative immigration 
detention operations of U.S. Immigration and 
Customs Enforcement, and provide necessary, 
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and appropriate medical care to detained aliens 
in the custody of the agency; 
‘‘(E) plan, coordinate, and manage the 
execution of exclusion, deportation, and removal 
orders issued to aliens; 
‘‘(F) investigate and refer for prosecution 
a civil or criminal violation of the immigration 
laws or an offense described in section 
287(a)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1357(a)(5)); and 
‘‘(G) carry out other duties and powers as 
prescribed by the Director. 
‘‘(h) OFFICE OF THE PRINCIPAL LEGAL ADVISOR.— 
‘‘(1) IN
GENERAL.—There is established in 
U.S. Immigration and Customs Enforcement an Of-
fice of the Principal Legal Advisor. 
‘‘(2) PRINCIPAL LEGAL ADVISOR.—There shall 
be at the head of the Office the Principal Legal Ad-
visor a Principal Legal Advisor. 
‘‘(3) DUTIES.—The office of the Principal 
Legal Advisor shall— 
‘‘(A) provide specialized legal advice and 
policy guidance to the Director; 
‘‘(B) represent the Department in all ex-
clusion, deportation, and removal proceedings 
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before the Executive Office for Immigration Re-
view; 
‘‘(C) represent U.S. Immigration and Cus-
toms Enforcement in venues and fora as au-
thorized by the Director or General Counsel of 
the Department of Homeland Security, or oth-
erwise permitted by law; and 
‘‘(D) carry out other duties and powers as 
prescribed by the Director. 
‘‘(i) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 
‘‘(1) IN
GENERAL.—There is established in 
U.S. Immigration and Customs Enforcement an Of-
fice of Professional Responsibility. 
‘‘(2) ASSISTANT DIRECTOR.—There shall be at 
the head of the Office of Professional Responsibility 
an Assistant Director, who shall report to the Direc-
tor. 
‘‘(3) DUTIES.—The Office of Professional Re-
sponsibility shall— 
‘‘(A) investigate allegations of administra-
tive, civil, and criminal misconduct involving 
any employee or contractor of U.S. Immigration 
and Customs Enforcement; 
‘‘(B) inspect and review United States Im-
migration and Customs Enforcement’s offices, 
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operations, and processes, including detention 
facilities operated or used by U.S. Immigration 
and Customs Enforcement, and provide an 
independent review of United States Immigra-
tion and Custom Enforcement’s organizational 
health, effectiveness, and efficiency of mission; 
‘‘(C) provide and manage the security pro-
grams and operations for U.S. Immigration and 
Customs Enforcement; and 
‘‘(D) carry out other duties and powers as 
prescribed by the Director. 
‘‘(j) OFFICE OF MANAGEMENT AND ADMINISTRA-
TION.— 
‘‘(1) IN
GENERAL.—There is established in 
U.S. Immigration and Customs Enforcement an Of-
fice of Management and Administration. 
‘‘(2) EXECUTIVE ASSOCIATE DIRECTOR.—There 
shall be at the head of the Office of Management 
and Administration an Executive Associate Director, 
who shall report to the Director. 
‘‘(3) DUTIES.—The Office of Management and 
Administration shall— 
‘‘(A) administer the Office of Human Cap-
ital to provide guidance to the agency and en-
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sure compliance with human resources policies 
and practices; 
‘‘(B) administer the Office of Chief Finan-
cial Officer; 
‘‘(C) administer the Office of Policy to de-
velop and communicate the agency policies and 
priorities; 
‘‘(D) create best practices to efficiently re-
spond to all Freedom of Information Act re-
quests received by the agency; 
‘‘(E) manage all information technology 
systems within the agency; and 
‘‘(F) carry out additional duties as as-
signed or delegated by the Director. 
‘‘(k) DEPARTMENTAL EVIDENCE DATABASES.—Not-
withstanding any other provision of this Act, any officer 
within the Office of Enforcement and Removal Operations 
engaged in the duties of that office under subsection 
(f)(3)(C) or (f)(3)(F) shall be provided access, in connec-
tion to such duties, to databases necessary for the proper 
collection, recordation, and retention of any evidence col-
lected. 
‘‘(l) OTHER AUTHORITIES.— 
‘‘(1) IN GENERAL.—The Secretary may estab-
lish such other Executive Associate Directors, or 
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other similar positions or officials, as the secretary 
determines necessary to carry out the missions, du-
ties, functions, and authorities of U.S. Immigration 
and Customs Enforcement. 
‘‘(2) NOTIFICATION.—If the Secretary exercises 
the authority provided pursuant to paragraph (1), 
the Secretary shall notify the Committee on the Ju-
diciary and the Committee on Homeland Security of 
the House of Representatives and the Committee on 
the Judiciary and the Committee on Homeland Se-
curity and Governmental Affairs of the Senate not 
later than 30 days before exercising such authority. 
‘‘(m) OTHER FEDERAL AGENCIES.—Nothing in this 
section may be construed as affecting or limiting in any 
manner the authority, as in existence on the day before 
the date of the enactment of this section, of any other 
Federal agency or other component of the Department.’’. 
(b) SPECIAL RULES.— 
(1) TREATMENT.—Section 442 of the Home-
land Security Act of 2002, as amended by subsection 
(a) of this section, shall be treated as if included in 
such Act as of the date of the enactment of such 
Act. In addition to the functions, missions, duties, 
and authorities specified in such amended section 
442, U.S. Immigration and Customs Enforcement 
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the date of the enactment of this division (notwith-
standing the treatment described in subsection 
(b)(1)) may serve as the appropriate Deputy Direc-
tor, Executive Associate Directors, Deputy Executive 
Associate Directors, Associate Directors, Deputy As-
sociate Directors, Assistant Directors, and other of-
ficers and officials under section 442 of such Act, as 
amended by subsection (a), unless the Director of 
U.S. Immigration and Customs Enforcement deter-
mines that another individual should hold such posi-
tion. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by striking the item relating to section 442 and 
inserting the following: 
‘‘Sec. 442. Establishment of U.S. Immigration and Customs Enforcement.’’. 
(d) TRANSPORTATION.—Section 1344(b)(6) of title 
31, United States Code, is amended by inserting ‘‘the Di-
rector of U.S. Immigration and Customs Enforcement, the 
Commissioner of U.S. Customs and Border Protection,’’ 
after ‘‘the Administrator of the Drug Enforcement Admin-
istration,’’. 
(e) RULE OF CONSTRUCTION.—Nothing in this Act 
or the amendments made by this Act may be construed 
as creating any new ground for removal under the immi-
gration laws (as such term is defined in section 101(a)(17) 
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of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))). 
(f) SENSE OF CONGRESS.—It is the sense of Con-
gress that a primary mission of U.S. Immigration and 
Customs Enforcement is to enforce the full range of immi-
gration laws within the interior of the United States. 
(g) CONFORMING AMENDMENTS.— 
(1) TITLE 5.—Section 5314 of title 5, United 
States Code, is amended by inserting after ‘‘Director 
of the Bureau of Citizenship and Immigration Serv-
ices.’’ the following new item: ‘‘Director of U.S. Im-
migration and Customs Enforcement.’’. 
(2) INSPECTOR GENERAL ACT OF 1978.—Sec-
tion 8I(e) of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended by striking ‘‘the Bureau of 
Border Security,’’ and inserting ‘‘United States Im-
migration and Customs Enforcement,’’. 
(3) TRADE
FACILITATION
AND
TRADE
EN-
FORCEMENT ACT OF 2015.—Paragraph (2) of section 
802(d) of the Trade Facilitation and Trade Enforce-
ment Act of 2015 (Public Law 114–125) is amended 
by inserting before the period at the end of the fol-
lowing: ‘‘or the Director of U.S. Immigration and 
Customs Enforcement, as determined by the Sec-
retary of Homeland Security’’. 
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(4) HOMELAND SECURITY ACT OF 2002.—Title 
IV of the Homeland Security Act of 2002 is amend-
ed— 
(A) in subtitle C— 
(i) in subsection (e) of section 426 (as 
redesignated in section 1705 of this Act), 
by adding at the end the following new 
paragraph: 
‘‘(9) DELEGATED
AUTHORITY.—For purposes 
of this subsection, the Secretary shall act through 
the Director of U.S. Immigration and Customs En-
forcement.’’; and 
(ii) in section 429 (as redesignated in 
section 1705 of this Act)— 
(I) by redesignating subsection 
(e) as subsection (f); and 
(II) by inserting after subsection 
(d) the following new subsection: 
‘‘(e) ADMINISTRATION.—The Director of U.S. Immi-
gration and Customs Enforcement shall administer BEST 
units established under this section.’’; and 
(B) in subtitle E, in subsection (a)(2)(C) 
of section 451 (6 U.S.C. 271), by striking ‘‘at 
the same level as the Assistant Secretary of the 
Bureau of Border Security’’ and inserting ‘‘in 
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accordance with section 5314 of title 5, United 
States Code’’; and 
(h) CLERICAL AMENDMENTS.—The table of contents 
in section 1(b) of such Act is amended by striking the 
item relating to subtitle D of title IV and inserting the 
following new item: 
‘‘Subtitle D—U.S. Immigration and Customs Enforcement’’. 
DIVISION 
C—UNITED 
STATES 
CITIZENSHIP AND IMMIGRA-
TION SERVICES 
SEC. 3001. SHORT TITLE. 
This division may be cited as the ‘‘United States Citi-
zenship and Immigration Services Authorization Act’’. 
SEC. 3002. ESTABLISHMENT OF UNITED STATES CITIZEN-
SHIP AND IMMIGRATION SERVICES. 
(a) IN GENERAL.—Section 451 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 271) is amended to read 
as follows: 
‘‘SEC. 451. ESTABLISHMENT OF UNITED STATES CITIZEN-
SHIP AND IMMIGRATION SERVICES. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Department an agency to be known as ‘United States 
Citizenship and Immigration Services’. 
‘‘(b) DIRECTOR OF UNITED STATES CITIZENSHIP 
AND IMMIGRATION SERVICES.—There shall be at the head 
of United States Citizenship and Immigration Services a 
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Director of United States Citizenship and Immigration 
Services (in this section referred to as the ‘Director’). 
‘‘(c) QUALIFICATIONS AND DUTIES.—The Director 
shall— 
‘‘(1) have at least 5 years of management expe-
rience; 
‘‘(2) establish the policies and priorities of 
United States Citizenship and Immigration Services; 
‘‘(3) advise the Secretary of any policy or oper-
ation that affects, in a significant manner, the mis-
sion of another Department component; 
‘‘(4) meet regularly with the U.S. Citizenship 
and Immigration Services Ombudsman (established 
in section 452). 
‘‘(5) carry out— 
‘‘(A) the adjudication of immigrant and 
nonimmigrant visa applications and petitions; 
‘‘(B) the adjudication of naturalization ap-
plications; 
‘‘(C) the adjudication of asylum and ref-
ugee applications; 
‘‘(D) adjudications performed at service 
centers; and 
‘‘(E) all other adjudications formerly per-
formed pursuant to this section by the Immi-
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gration and Naturalization Service or the Bu-
reau of Citizenship and Immigration Services, 
on the day before the date of the enactment of 
the United States Citizenship and Immigration 
Services Authorization Act; and 
‘‘(6) carry out other duties and powers pre-
scribed by law or delegated by the Secretary. 
‘‘(d) DEPUTY DIRECTOR.—There shall be a Deputy 
Director of United States Citizenship and Immigration 
Services who shall assist the Director in managing United 
States Citizenship and Immigration Services and who 
shall assist the Director in carrying out the Directors du-
ties. 
‘‘(e) OFFICE OF THE CHIEF COUNSEL.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
an Office of the Chief Counsel. 
‘‘(2) CHIEF COUNSEL.—There shall be at the 
head of the Office of the Chief Counsel a Chief 
Counsel. 
‘‘(3) DUTIES.—The Office of the Chief Counsel 
shall— 
‘‘(A) provide specialized legal advice, opin-
ions, determinations, and other assistance to 
the Director with respect to legal matters af-
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fecting United States Citizenship and Immigra-
tion Services; 
‘‘(B) represent United States Citizenship 
and Immigration Services in visa petition ap-
peal proceedings when applicable; and 
‘‘(C) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(f) OFFICE OF POLICY AND STRATEGY.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
an Office of Policy and Strategy. 
‘‘(2) CHIEF.—There shall be at the head of the 
Office of Policy and Strategy a Chief. 
‘‘(3) DUTIES.—The Office of Policy and Strat-
egy shall— 
‘‘(A) develop policy recommendations for 
the Director; 
‘‘(B) coordinate strategy for policy imple-
mentation; and 
‘‘(C) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(g) OFFICE OF CITIZENSHIP.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
an Office of Citizenship. 
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‘‘(2) CHIEF.—There shall be at the head of the 
Office of Citizenship a Chief. 
‘‘(3) 
DUTIES.—The 
Office 
of 
Citizenship 
shall— 
‘‘(A) promote instruction and training on 
citizenship responsibilities, as well as assimila-
tion and civic integration, for eligible aliens who 
are interested in becoming naturalized citizens 
of the United States; and 
‘‘(B) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(h) FRAUD DETECTION AND NATIONAL SECURITY 
DIRECTORATE.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
a Fraud Detection and National Security Direc-
torate. 
‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 
the head of the Fraud Detection and National Secu-
rity Directorate an Associate Director who shall re-
port to the Director. 
‘‘(3) DUTIES.—The Fraud Detection and Na-
tional Security Directorate Office of Citizenship 
shall in a manner that is consistent with the immi-
gration laws (as such term is defined in section 
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101(a)(17) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(17)))— 
‘‘(A) seek to prevent immigration benefits 
from being granted to individuals who pose a 
threat to national security or public safety; 
‘‘(B) seek to prevent immigration benefits 
from being granted to individuals who defraud 
the immigration system; 
‘‘(C) conduct security and background in-
vestigations of applicants for immigration bene-
fits and develop systems and techniques for 
identifying and preventing immigration benefits 
fraud; 
‘‘(D) investigate and refer to U.S. Immi-
gration and Customs Enforcement, where ap-
propriate, incidents of known or suspected 
fraud; and 
‘‘(E) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(i) IMMIGRATION RECORDS AND IDENTITY SERV-
ICES DIRECTORATE.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
an Immigration Records and Identity Services Di-
rectorate. 
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‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 
the head of the Immigration Records and Identity 
Services Directorate an Associate Director who shall 
report to the Director. 
‘‘(3) DUTIES.—The Immigration Records and 
Identity Services Directorate shall— 
‘‘(A) manage the operation of an employ-
ment eligibility verification system as provided 
for by section 404 of the Illegal Immigration 
and Immigrant Responsibility Act of 1996 
(U.S.C. 1324a note) or any successor provision; 
‘‘(B) manage the operation of the System-
atic Alien Verification for Entitlements Pro-
gram, or its successor program, designed to as-
sist Federal, State, and local benefit-issuing 
agencies, institutions, and licensing agencies in 
determining the immigration status of benefit 
applicants so only those legally entitled to bene-
fits receive them; 
‘‘(C) manage the biometric services, includ-
ing the collection and dissemination of biomet-
ric information, provided to United States Citi-
zenship and Immigration Services components; 
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‘‘(D) manage immigration records and pro-
vide information regarding such records to 
stakeholders; and 
‘‘(E) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(j) FIELD OPERATIONS DIRECTORATE.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
a Field Operations Directorate. 
‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 
the head of the Field Operations Directorate an As-
sociate Director who shall report to the Director. 
‘‘(3) DUTIES.—The Field Operations Direc-
torate shall— 
‘‘(A) oversee all field offices; 
‘‘(B) oversee the adjudication of immigra-
tion benefits applications and petitions, and 
naturalization applications; 
‘‘(C) conduct interviews for pending immi-
gration benefits applications and petitions; 
‘‘(D) conduct naturalization ceremonies; 
‘‘(E) conduct required security and back-
ground security checks for pending applications 
and petitions; 
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‘‘(F) ensure the integrity of immigration 
benefit processing that occurs at the field of-
fices; and 
‘‘(G) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(k) REFUGEE, ASYLUM, AND INTERNATIONAL OP-
ERATIONS DIRECTORATE.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
a Refugee, Asylum, and International Operations 
Directorate. 
‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 
the head of the Refugee, Asylum, and International 
Operations Directorate an Associate Director who 
shall report to the Director. 
‘‘(3) DUTIES.—The Refugee, Asylum, and 
International Operations Directorate shall— 
‘‘(A) oversee refugee application adjudica-
tion and interviews; 
‘‘(B) oversee asylum application adjudica-
tion and interviews; 
‘‘(C) seek to ensure the integrity of appli-
cation processing that occurs under the Ref-
ugee, Asylum and International Operations Di-
rectorate’s authority; 
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‘‘(D) perform other authorized functions of 
United States Citizenship and Immigration 
Services outside of the United States, such as 
those associated with international adoptions 
and naturalization of members the Armed 
Forces; and 
‘‘(E) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(l) 
SERVICE
CENTER
OPERATIONS
DIREC-
TORATE.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
a Service Center Operations Directorate. 
‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 
the head of the Service Center Operations Direc-
torate an Associate Director who shall report to the 
Director. 
‘‘(3) DUTIES.—The Service Center Operations 
Directorate shall— 
‘‘(A) oversee and manage all Service Cen-
ters; 
‘‘(B) oversee the adjudication of immigra-
tion benefit applications and petitions that 
occur at Service Centers; 
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‘‘(C) seek to ensure the integrity of immi-
gration benefits processing that occurs at the 
Service Centers; and 
‘‘(D) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(m) MANAGEMENT DIRECTORATE.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
a Management Directorate. 
‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 
the head of the Management Directorate an Asso-
ciate Director who shall report to the Director. 
‘‘(3) DUTIES.—The Management Directorate 
shall carry out management duties and powers pre-
scribed by law or delegated by the Director. 
‘‘(n) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
an Office of Professional Responsibility. 
‘‘(2) CHIEF.—There shall be at the head of the 
Office of Professional Responsibility a Chief who 
shall report to the Director. 
‘‘(3) DUTIES.—The Office of Professional Re-
sponsibility shall— 
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‘‘(A) seek to ensure compliance with all 
United States Citizenship and Immigration 
Services programs and policies relating to cor-
ruption, misconduct, or mismanagement; 
‘‘(B) investigate allegations of administra-
tive, civil, and criminal misconduct involving 
any employee or contractor of United States 
Citizenship and Immigration Services; and 
‘‘(C) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(o) OTHER AUTHORITIES.— 
‘‘(1) IN GENERAL.—The Secretary may estab-
lish such other Associate Directors, or other similar 
positions or officials, as the Secretary determines 
necessary to carry out the missions, duties, func-
tions, and authorities of United States Citizenship 
and Immigration Services. 
‘‘(2) NOTIFICATION.—If the Secretary exercises 
the authority provided pursuant to paragraph (1), 
the Secretary shall notify the Committee on the Ju-
diciary and the Committee on Homeland Security of 
the House of Representatives and the Committee on 
the Judiciary and the Committee on Homeland Se-
curity and Governmental Affairs of the Senate not 
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later than 30 days prior to the exercise of such au-
thority.’’. 
(b) SPECIAL RULES.— 
(1) TREATMENT.—Section 451 of the Home-
land Security Act of 2002 (6 U.S.C. 271), as 
amended by subsection (a) of this section, shall be 
treated as if included in such Act as of the date of 
the enactment of such Act. In addition to the func-
tions, missions, duties, and authorities specified in 
such amended section 451, United States Citizen-
ship and Immigration Services shall continue to per-
form and carry out the functions, missions, duties, 
and authorities under section 451 of such Act as in 
existence on the day before such date of enactment 
(notwithstanding the treatment described in this 
paragraph). 
(2) RULES OF CONSTRUCTION.— 
(A) RULES AND REGULATIONS.—Notwith-
standing the treatment described in paragraph 
(1), nothing in this division may be construed 
as affecting in any manner any rule or regula-
tion issued or promulgated pursuant to any 
provision of law, including section 451 of the 
Homeland Security Act of 2002 (6 U.S.C. 271), 
as in existence on the day before the date of the 
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enactment of this division, and any such rule or 
regulation shall continue to have full force and 
effect on and after such date. 
(B) OTHER
ACTIONS.—Notwithstanding 
the treatment described in paragraph (1), noth-
ing in this division may be construed as affect-
ing in any manner any action, determination, 
policy, or decision pursuant to section 451 of 
the Homeland Security Act of 2002 (6 U.S.C. 
271) as in existence on the day before the date 
of the enactment of this division, and any such 
action, determination, policy, or decision shall 
continue to have full force and effect on and 
after such date. 
(c) CONTINUATION IN OFFICE.— 
(1) DIRECTOR.—The individual serving as Di-
rector of United States Citizenship and Immigration 
Services on the day before the date of the enactment 
of this division may, notwithstanding the treatment 
provision under paragraph (1) of subsection (b), 
continue to serve as the Director of United States 
Citizenship and Immigration Services on and after 
such date of enactment in accordance with section 
451 of the Homeland Security Act of 2002 (6 
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U.S.C. 271), as amended by subsection (a) of this 
section, until the earlier of— 
(A) the date on which such individual is no 
longer eligible to serve as Director; or 
(B) the date on which a person nominated 
by the President to be the Director is confirmed 
by the Senate in accordance with such amended 
section 451. 
(2) OTHER POSITIONS.—The individuals serv-
ing as Chiefs, Associate Directors and other officers 
and officials under section 451 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 271) on the day before 
the date of the enactment of this division may, not-
withstanding the treatment provision under para-
graph (1) of subsection (b), serve as the appropriate 
Chiefs, Assistant Directors and other officers and of-
ficials under such section 451 as amended by sub-
section (a) of this section unless the Director of 
United States Citizenship and Immigration Services 
determines that another individual should hold such 
position. 
(d) REFERENCES.— 
(1) TITLE 5.—Section 5314 of title 5, United 
States Code, is amended by striking ‘‘Director of the 
Bureau of Citizenship and Immigration Services’’ 
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and inserting ‘‘Director of United States Citizenship 
and Immigration Services, Department of Homeland 
Security’’. 
(2) OTHER
REFERENCES.—On and after the 
date of the enactment of this division, any reference 
in any other Federal law, Executive order, rule, reg-
ulation, or delegation of authority to the ‘‘Director 
of the Bureau of Citizenship and Immigration Serv-
ices’’ or the ‘‘Bureau of Citizenship and Immigration 
Services’’ shall be deemed to be a reference to the 
Director of United States Citizenship and Immigra-
tion Services or United States Citizenship and Immi-
gration Services, respectively. 
(e) EMPLOYEE DISCIPLINE.—Section 454 of the 
Homeland Security Act of 2002 is amended to read as 
follows: 
‘‘SEC. 454. EMPLOYEE DISCIPLINE. 
‘‘Notwithstanding any other provision of law, the Sec-
retary may impose disciplinary action on any employee of 
United States Citizenship and Immigration Services who 
knowingly deceives Congress or agency leadership on any 
matter.’’. 
(f) COMBINATION PROHIBITION.— 
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(1) IN GENERAL.—Section 471 of the Home-
land Security Act of 2002 is amended to read as fol-
lows: 
‘‘SEC. 471. COMBINATION PROHIBITION. 
‘‘The authority provided by section 1502 may be used 
to reorganize functions or organizational units within U.S. 
Immigration and Customs Enforcement or United States 
Citizenship and Immigration Services, but may not be 
used to combine the two components into a single agency 
or otherwise to combine, join, or consolidate functions or 
organizational units of the two components with each 
other.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Homeland Security Act 
of 2002 is amended by amending the item relating 
to section 471 to read as follows: 
‘‘Sec. 471. Combination prohibition.’’. 
DIVISION D—UNITED STATES 
SECRET SERVICE 
SEC. 4001. SHORT TITLE. 
This division may be cited as the ‘‘Secret Service Re-
authorization Act of 2017’’. 
SEC. 4002. PRESIDENTIAL APPOINTMENT OF DIRECTOR OF 
THE SECRET SERVICE. 
Section 3056 of title 18, United States Code, is 
amended by adding at the end: 
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‘‘(h) The Director of the Secret Service shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate. The Director of the Secret Service is 
the head of the Secret Service.’’. 
SEC. 4003. RESTRICTED BUILDING OR GROUNDS. 
Section 1752(a) of title 18, United States Code, is 
amended— 
(1) in paragraph (3), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (4), by inserting ‘‘or’’ at the 
end; and 
(3) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) knowingly, and with the intent to enter a 
restricted building or grounds, causes any object to 
enter any restricted building or grounds, when, or so 
that, such object, in fact, impedes or disrupts the or-
derly conduct of government business or official 
functions;’’. 
SEC. 4004. THREATS AGAINST FORMER VICE PRESIDENTS. 
Section 879(a) of title 18, United States Code, is 
amended— 
(1) in paragraph (4), by striking ‘‘section 
3056(a)(6);’’ and inserting ‘‘paragraph (6) or (8) of 
section 3056(a); or’’; and 
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and other experts, shall devise and adopt improved proce-
dures for— 
(1) evaluating the ways in which technology 
may be used to improve the security of the White 
House and the response to threats to persons pro-
tected by the Secret Service; and 
(2) retaining evidence pertaining to the duties 
referred to in paragraph (1) for an extended period 
of time. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Director of the Secret Service 
shall report on the implementation of subsection (a) to— 
(1) the Committee on the Judiciary of the 
House of Representatives; 
(2) the Committee on the Judiciary of the Sen-
ate; 
(3) the Committee on Homeland Security of the 
House of Representatives; 
(4) the Committee on Homeland Security and 
Governmental Affairs of the Senate; and 
(5) the Committee on Oversight and Govern-
ment Reform of the House of Representatives. 
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SEC. 4009. EVALUATION OF USE OF ADDITIONAL WEAP-
ONRY. 
The Director of the Secret Service shall evaluate the 
practicability of equipping agents and officers with weap-
ons other than those provided to officers and agents of 
the Secret Service as of the date of enactment of this Act, 
including nonlethal weapons. 
SEC. 4010. SECURITY COSTS FOR SECONDARY RESIDENCES. 
(a) IN GENERAL.—The Presidential Protection As-
sistance Act of 1976 (18 U.S.C. 3056 note) is amended 
by striking section 4 and inserting the following: 
‘‘SEC. 4. NOTIFICATION REGARDING EXPENDITURES ON 
NON-GOVERNMENTAL PROPERTIES. 
‘‘The Secret Service shall notify the Committees on 
Appropriations of the House and Senate of any expendi-
tures for permanent facilities, equipment, and services to 
secure any non-Governmental property in addition to the 
one non-Governmental property designated by each 
protectee under subsection (a) or (b) of section 3.’’. 
(b) CONFORMING AMENDMENTS.—The Presidential 
Protection Assistance Act of 1976 (18 U.S.C. 3056 note), 
as amended by this Act, is further amended— 
(1) in section 3(b), by striking ‘‘any expendi-
tures by the Secret Service’’ and all that follows 
through ‘‘imposed under section 4’’ and inserting 
‘‘any expenditures by the Secret Service for perma-
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nent facilities, equipment, and services to secure the 
non-Governmental property previously designated 
under subsection (a) are subject to the requirements 
set forth in section 4’’; and 
(2) in section 5(c), by striking ‘‘within the limi-
tations imposed under section 4’’. 
SEC. 4011. ESTABLISHMENT OF ETHICS PROGRAM OFFICE. 
Subject to the oversight of the Office of Chief Counsel 
of the United States Secret Service, the Director of the 
Secret Service shall establish an Ethics Program Office, 
consisting of a minimum of two employees, to administer 
the provisions of the Ethics in Government Act of 1978, 
as amended, and to provide increased training to employ-
ees of the United States Secret Service. 
SEC. 4012. SECRET SERVICE PROTECTION AT POLLING 
PLACES. 
Section 592 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘This section shall not prevent any officer or agent 
of the United States Secret Service from providing armed 
protective services authorized under section 3056 or pur-
suant to a Presidential memorandum at any place where 
a general or special election is held.’’. 
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SEC. 4013. SENSE OF CONGRESS. 
It is the sense of Congress that an assessment made 
by the Secretary of Homeland Security or the Director 
of the Secret Service with regard to physical security of 
the White House and attendant grounds, and any secu-
rity-related enhancements thereto should be accorded sub-
stantial deference by the National Capital Planning Com-
mission, the Commission of Fine Arts, and any other rel-
evant entities. 
DIVISION E—COAST GUARD 
SEC. 5001. SHORT TITLE. 
This Act may be cited as the ‘‘Coast Guard Author-
ization Act of 2017’’. 
TITLE I—AUTHORIZATIONS 
SEC. 5101. AUTHORIZATIONS OF APPROPRIATIONS. 
Section 2702 of title 14, United States Code, is 
amended: 
(1) in the matter preceding paragraph (1), by 
striking ‘‘fiscal years 2016 and 2017’’ and inserting 
‘‘fiscal years 2018 and 2019’’; 
(2) in paragraph (1), by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) $7,263,698,328 for fiscal year 2018; 
and 
‘‘(B) 
$7,452,554,484 
for 
fiscal 
year 
2019.’’; 
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(3) in paragraph (2), by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) $1,945,000,000 for fiscal year 2018; 
and 
‘‘(B) 
$1,945,000,000 
for 
fiscal 
year 
2019.’’; 
(4) in paragraph (3), by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) $134,237,000 for fiscal year 2018; 
and 
‘‘(B) $134,237,000 for fiscal year 2019.’’; 
(5) in paragraph (4), by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) $16,701,000 for fiscal year 2018; and 
‘‘(B) $16,701,000 for fiscal year 2019.’’; 
and 
(6) in paragraph (5), by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) $37,263,294 for fiscal year 2018; and 
‘‘(B) $38,232,140 for fiscal year 2019.’’. 
SEC. 5102. AUTHORIZED LEVELS OF MILITARY STRENGTH 
AND TRAINING. 
Section 2704 of title 14, United States Code, is 
amended— 
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(1) in subsection (a), by striking ‘‘for each of 
fiscal years 2016 and 2017’’ and inserting ‘‘for fis-
cal year 2018 and an end-of-year strength for such 
personnel of 44,500 for fiscal year 2019’’; and 
(2) in subsection (b), by striking ‘‘fiscal years 
2016 and 2017’’ and inserting ‘‘fiscal years 2018 
and 2019’’. 
TITLE II—COAST GUARD 
SEC. 5201. TRAINING; PUBLIC SAFETY PERSONNEL. 
(a) IN GENERAL.—Chapter 7 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 155. Training; public safety personnel 
‘‘(a) IN GENERAL.—The Commandant may, on a re-
imbursable or a non-reimbursable basis, make training 
available to public safety personnel whenever the Com-
mandant determines that— 
‘‘(1) a member of the Coast Guard, who is 
scheduled to participate in such training, is unable 
or unavailable to participate in such training; 
‘‘(2) no other member of the Coast Guard, who 
is assigned to the unit to which the member of the 
Coast Guard who is unable or unavailable to partici-
pate in such training is assigned, is able or available 
to participate in such training; and 
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‘‘(3) such training, if made available to such 
public safety personnel, would further the goal of 
interoperability among Federal agencies, non-Fed-
eral governmental agencies, or both. 
‘‘(b) DEFINITION.—For the purposes of this section, 
the term ‘public safety personnel’ includes any Federal, 
State (or political subdivision thereof), territorial, or tribal 
law enforcement officer, firefighter, or emergency response 
provider. 
‘‘(c) TREATMENT OF REIMBURSEMENT.—Any reim-
bursements for training that the Coast Guard receives 
under this section shall be credited to the appropriation 
used to pay the costs for such training. 
‘‘(d) STATUS OF TRAINED PERSONNEL; LIMITATION 
ON LIABILITY.— 
‘‘(1) STATUS.—Any public safety personnel to 
whom training is made available under this section 
who is not otherwise a Federal employee shall not, 
because of that training, be considered a Federal 
employee for any purpose (including the purposes of 
chapter 81 of title 5 (relating to compensation for 
injury)) and sections 2671 through 2680 of title 28 
(relating to tort claims). 
‘‘(2) LIMITATION ON LIABILITY.—The United 
States shall not be liable for actions taken by such 
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personnel in the course of training made available 
under this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 7 of such title is amended by inserting at the end the 
following: 
‘‘155. Training; public safety personnel.’’. 
SEC. 5202. COMMISSIONED SERVICE RETIREMENT. 
For Coast Guard officers who retire in fiscal year 
2017 or 2018, the President may reduce the period of ac-
tive commissioned service required under section 291 of 
title 14, United States Code, to a period of not less than 
eight years. 
SEC. 5203. OFFICER PROMOTION ZONES. 
Section 256(a) of title 14, United States Code, is 
amended by striking ‘‘six-tenths.’’ and inserting ‘‘one- 
half.’’. 
SEC. 5204. CROSS REFERENCE. 
Section 373(a) of title 14, United States Code, is 
amended by inserting ‘‘designated under section 371’’ 
after ‘‘cadet’’. 
SEC. 5205. REPEAL. 
Section 482 of title 14, United States Code, and the 
item relating to that section in the analysis for chapter 
13 of that title, are repealed. 
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SEC. 5206. UNMANNED AIRCRAFT SYSTEM. 
(a) IN GENERAL.—Chapter 3 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 61. Unmanned aircraft system 
‘‘(a) IN GENERAL.—Subject to the availability of ap-
propriations and to subsection (b), the Secretary of the 
department in which the Coast Guard is operating shall 
establish a land-based unmanned aircraft system program 
under the control of the Commandant of the Coast Guard. 
‘‘(b) LIMITATIONS.— 
‘‘(1) IN GENERAL.—During any fiscal year for 
which funds are appropriated for the design or con-
struction of the Offshore Patrol Cutter, the Com-
mandant— 
‘‘(A) may not award a contract for design 
of an unmanned aircraft system for use by the 
Coast Guard; and 
‘‘(B) may acquire an unmanned aircraft 
system only if such a system— 
‘‘(i) has been part of a program of 
record, procured by, or used by, the De-
partment of Defense or the Department of 
Homeland Security, or a component there-
of, before the date on which the Com-
mandant acquires the system; and 
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‘‘(ii) is acquired by the Commandant 
through an agreement with such a depart-
ment or component, unless the unmanned 
aircraft system can be obtained at less cost 
through independent contract action. 
‘‘(2) LIMITATIONS ON APPLICATION.— 
‘‘(A) 
SMALL
UNMANNED
AIRCRAFT.— 
Paragraph (1)(B) does not apply to small un-
manned aircraft. 
‘‘(B) PREVIOUSLY
FUNDED
SYSTEMS.— 
Subsection (b) does not apply to the design or 
acquisition of an unmanned aircraft system for 
which funds for research, development, test, 
and evaluation have been received from the De-
partment of Defense or the Department of 
Homeland Security. 
‘‘(c) DEFINITIONS.—In this section each of the terms 
‘small unmanned aircraft’ and ‘unmanned aircraft system’ 
has the meaning that term has in section 331 of the FAA 
Modernization and Reform Act of 2012 (49 U.S.C. 40101 
note).’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
the following: 
‘‘61. Unmanned aircraft system.’’. 
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(c) CONFORMING AMENDMENT.—Subsection (c) of 
section 564 of title 14, United States Code, is repealed. 
SEC. 5207. COAST GUARD HEALTH-CARE PROFESSIONALS; 
LICENSURE PORTABILITY. 
(a) IN GENERAL.—Chapter 5 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 104. Coast Guard health-care professionals; licen-
sure portability 
‘‘(a) Notwithstanding any law regarding the licensure 
of health-care providers, a health-care professional de-
scribed in subsection (b) may practice the health profes-
sion or professions of the health-care professional at any 
location in any State, the District of Columbia, or a Com-
monwealth, territory, or possession of the United States, 
regardless of where such health-care professional or the 
patient are located, if the practice is within the scope of 
the authorized Federal duties of such health-care profes-
sional. 
‘‘(b) A health-care professional described in this sub-
section is an individual— 
‘‘(1) who is— 
‘‘(A) a member of the Coast Guard; 
‘‘(B) a civilian employee of the Coast 
Guard; 
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‘‘(C) a member of the Public Health Serv-
ice who is assigned to the Coast Guard; 
‘‘(D) a personal services contractor under 
section 1091 of title 10; or 
‘‘(E) any other health-care professional 
credentialed and privileged at a Federal health- 
care institution or location specially designated 
by the Secretary; and 
‘‘(2) who— 
‘‘(A) has a current license to practice med-
icine, osteopathic medicine, dentistry, or an-
other health profession; and 
‘‘(B) is performing authorized duties for 
the Coast Guard. 
‘‘(c) In this section each of the terms ‘license’ and 
‘health-care professional’ has the meaning that term has 
in section 1094(e) of title 10.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘104. Coast Guard health-care professionals; licensure portability.’’. 
SEC. 5208. INCENTIVE CONTRACTS FOR COAST GUARD 
YARD AND INDUSTRIAL ESTABLISHMENTS. 
Section 648 of title 14, United States Code, is 
amended— 
(1) by inserting before the text the following: 
‘‘(a) IN GENERAL.—’’; 
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(2) in subsection (a), as designated by the 
amendment made by paragraph (1) of this section, 
by striking the period at the end of the last sentence 
and inserting ‘‘or in accordance with subsection 
(b).’’; and 
(3) by adding at the end the following: 
‘‘(b) INCENTIVE CONTRACTS.— 
‘‘(1) The parties to an order for industrial work 
to be performed by the Coast Guard Yard or a 
Coast Guard industrial establishment designated 
under subsection (a) may enter into an order or a 
cost-plus-incentive-fee order in accordance with this 
subsection. 
‘‘(2) If such parties enter into such an order or 
a cost-plus-incentive-fee order, an agreed-upon 
amount of any adjustment described in subsection 
(a) may be distributed as an incentive to the wage- 
grade industrial employees who complete the order. 
‘‘(3) Before entering into such an order or cost- 
plus-incentive-fee order such parties must agree that 
the wage-grade employees of the Coast Guard Yard 
or Coast Guard industrial establishment will take ac-
tion to improve the delivery schedule or technical 
performance agreed to in the order for industrial 
work to which such parties initially agreed. 
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‘‘(4) Notwithstanding any other provision of 
law, if the industrial workforce of the Coast Guard 
Yard or such Coast Guard industrial establishment 
satisfies the performance target established in such 
an order or cost-plus-incentive-fee order— 
‘‘(A) the adjustment to be made pursuant 
to this subsection shall be reduced by such 
agreed-upon amount and distributed to such 
wage-grade industrial employees; and 
‘‘(B) the remainder of the adjustment shall 
be credited to the appropriation for such order 
current at that time.’’. 
SEC. 5209. MAINTAINING CUTTERS IN CLASS. 
Section 573(c)(3)(A) of title 14, United States Code, 
is amended— 
(1) by striking ‘‘(A) IN GENERAL.—’’; and 
(2) by inserting ‘‘and shall maintain such cutter 
in class’’ before the period at the end. 
SEC. 5210. CONGRESSIONAL AFFAIRS; DIRECTOR. 
(a) IN GENERAL.—Chapter 3 of title 14, United 
States Code, as amended by section 206 of this Act, is 
further amended by adding at the end the following: 
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‘‘§ 62. Congressional affairs; director 
‘‘The Commandant shall appoint a Director of Con-
gressional Affairs from among officers of the Coast Guard 
who are in a grade above captain.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘62. Congressional Affairs; Director.’’. 
SEC. 5211. CONTRACTING FOR MAJOR ACQUISITIONS PRO-
GRAMS. 
(a) IN GENERAL.—Subchapter II of chapter 15 of 
title 14, United States Code, is amended by adding at the 
end the following: 
‘‘§ 580. Contracting for major acquisitions programs 
‘‘(a) IN GENERAL.—The Commandant of the Coast 
Guard , or the head of an integrated program office estab-
lished for major acquisitions, may enter into contracts for 
major acquisition programs. 
‘‘(b) AUTHORIZED METHODS.—Such contracts— 
‘‘(1) may be block buy contracts; 
‘‘(2) may be incrementally funded; 
‘‘(3) may include combined purchases, also 
known as economic order quantity purchases, of— 
‘‘(A) materials and components; and 
‘‘(B) long lead time materials; and 
‘‘(4) may be multiyear contracts that comply 
with section 2306b of title 10. 
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‘‘(c) SUBJECT TO APPROPRIATIONS.—Any contract 
entered into under subsection (a) shall provide that any 
obligation of the United States to make a payment under 
the contract is subject to the availability of amounts spe-
cifically provided in advance for that purpose in subse-
quent appropriations Acts.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
of the items relating to such subchapter the following: 
‘‘580. Contracting for major acquisitions programs.’’. 
(c) CONFORMING AMENDMENTS.—The following pro-
visions are repealed: 
(1) Section 223 of Public Law 113–281 (14 
U.S.C. 577 note), and the item relating to that sec-
tion in the table of contents in section 2 of such Act. 
(2) Section 221(a) of Public Law 112–213 (14 
U.S.C. 573 note). 
(3) Section 207(a) of Public Law 114–120 (14 
U.S.C. 87 note). 
SEC. 5212. NATIONAL SECURITY CUTTER. 
(a) STANDARD METHOD FOR TRACKING.—The Com-
mandant of the Coast Guard may not certify an eighth 
National Security Cutter as Ready for Operations before 
the date on which the Commandant provides to the Com-
mittee on Transportation and Infrastructure of the House 
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of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate— 
(1) a notification of a new standard method for 
tracking operational employment of Coast Guard 
major cutters that does not include time during 
which such a cutter is away from its homeport for 
maintenance or repair; and 
(2) a report analyzing cost and performance for 
different approaches to achieving varied levels of 
operational employment using the standard method 
required by paragraph (1) that, at a minimum— 
(A) compares over a 30-year period the av-
erage annualized baseline cost and perform-
ances for a certified National Security Cutter 
that operated for 185 days away from homeport 
or an equivalent alternative measure of oper-
ational tempo— 
(i) against the cost of a 15 percent in-
crease in days away from homeport or an 
equivalent alternative measure of oper-
ational tempo for a National Security Cut-
ter; and 
(ii) against the cost of the acquisition 
and operation of an additional National 
Security Cutter; and 
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(B) examines the optimal level of oper-
ational employment of National Security Cut-
ters to balance National Security Cutter cost 
and mission performance. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 221(b) of the Coast Guard and 
Maritime Transportation Act of 2012 (14 U.S.C. 
573 note) is repealed. 
(2) Section 204(c)(1) of the Coast Guard Au-
thorization Act of 2016 (130 Stat. 35) is repealed. 
SEC. 5213. RADAR REFRESHER TRAINING. 
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of the department in which 
the Coast Guard is operating shall prescribe a final rule 
eliminating the requirement that a mariner complete an 
approved refresher or recertification course to maintain a 
radar observer endorsement. The rulemaking shall be ex-
empt from the requirements of chapters 5 and 6 of title 
5, United States Code, and Executive Order Nos. 12866 
and 13563. 
SEC. 5214. REPEAL. 
Section 676a(a) of title 14, United States Code, is 
amended— 
(1) by striking paragraph (2); 
(2) by striking ‘‘(1) IN GENERAL.—’’; 
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(3) by redesignating subparagraphs (A) and 
(B) as paragraphs (1) and (2), respectively; and 
(4) in paragraph (2), as so redesignated, by 
striking ‘‘subparagraph (A)’’ and inserting ‘‘para-
graph (1)’’. 
SEC. 5215. EXTENSION OF AUTHORITY. 
Section 404 of the Coast Guard Authorization Act 
of 2010 (Public Law 111–281; 124 Stat. 2950) is amend-
ed— 
(1) in subsection (a), in the text preceding 
paragraph (1), by striking ‘‘sections 3304, 5333, 
and 5753’’ and inserting ‘‘section 3304’’; and 
(2) in subsection (b), by striking ‘‘2017.’’ and 
inserting ‘‘2021.’’. 
SEC. 5216. AUTHORIZATION OF AMOUNTS FOR FAST RE-
SPONSE CUTTERS. 
(a) IN GENERAL.—Of the amounts authorized for 
each fiscal year 2018 and 2019 under section 2702(2) of 
title 14, United States Code, as amended by this Act, 
$165,000,000 is authorized for the acquisition of three 
Fast Response Cutters in each such fiscal year. 
(b) TREATMENT OF ACQUIRED CUTTERS.—Any cut-
ters acquired under subsection (a) shall be in addition to 
the 58 cutters approved under the existing acquisition 
baseline. 
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SEC. 5217. AUTHORIZATION OF AMOUNTS FOR ICE TRIALS 
OF ICEBREAKER VESSELS. 
(a) IN GENERAL.—Of the amounts authorized for fis-
cal year 2018 under paragraphs (1) and (5) of section 
2702 of title 14, United States Code, as amended by this 
Act, up to $3,000,000 is authorized for the Commandant 
of the Coast Guard to carry out ice trials of icebreaker 
vessels documented under section 12111 of title 46, 
United States Code. 
(b) ASSESSMENTS.—Ice trials referred to in sub-
section (a) shall— 
(1) assess the ability of an icebreaker vessel to 
carry out the missions of the Coast Guard enumer-
ated in section 2 of title 14, United States Code; or 
(2) conduct operational tests to produce infor-
mation that could be used in the design and acquisi-
tion of icebreaker vessels by the Coast Guard to 
carry out such missions. 
SEC. 5218. SHORESIDE INFRASTRUCTURE. 
Of the amounts authorized under section 2702(2) of 
title 14, United States Code, as amended by this Act, for 
each of fiscal years 2018 and 2019 there is authorized 
to be appropriated $165,000,000 to the Secretary of the 
department in which the Coast Guard is operating to fund 
the acquisition, construction, rebuilding or improvement 
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of Coast Guard shoreside infrastructure and facilities nec-
essary to support Coast Guard operations and readiness. 
SEC. 5219. AIRCRAFT IMPROVEMENTS. 
Of the amounts authorized under section 2702(2) of 
title 14, United States Code, as amended by this Act, for 
each of fiscal years 2018 and 2019 there is authorized 
to be appropriated up to $3,500,000 to the Secretary of 
the department in which the Coast Guard is operating to 
fund analysis and program development for improvements 
for Coast Guard MH–65 aircraft. 
SEC. 5220. ACQUISITION PLAN FOR INLAND WATERWAY 
AND RIVER TENDERS AND BAY-CLASS ICE-
BREAKERS. 
(a) ACQUISITION PLAN.—Not later than 270 days 
after the date of the enactment of this Act, the Com-
mandant of the Coast Guard shall submit to the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives a plan to re-
place or extend the life of the Coast Guard fleet of inland 
waterway and river tenders, and the Bay-class icebreakers. 
(b) CONTENTS.—The plan under subsection (a) shall 
include— 
(1) an analysis of the work required to extend 
the life of vessels described in subsection (a); 
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(2) recommendations for which, if any, such 
vessels it is cost effective to undertake a ship-life ex-
tension or enhanced maintenance program; 
(3) an analysis of the aids to navigation pro-
gram to determine if advances in navigation tech-
nology may reduce the needs for physical aids to 
navigation; 
(4) recommendations for changes to physical 
aids to navigation and the distribution of such aids 
that reduce the need for the acquisition of vessels to 
replace the vessels described in subsection (a); 
(5) a schedule for the acquisition of vessels to 
replace the vessels described in subsection (a), in-
cluding the date on which the first vessel will be de-
livered; 
(6) an estimate of the cost per vessel and of the 
total cost of the acquisition program of record; and 
(7) a description of the order in which vessels 
to replace the vessels described in subsection (a) will 
be built, and the homeports of each such vessel upon 
its commissioning. 
SEC. 5221. REPORT ON SEXUAL ASSAULT VICTIM RECOV-
ERY IN THE COAST GUARD. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Commandant of 
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the Coast Guard shall submit to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on sexual assault 
prevention and response policies of the Coast Guard and 
strategic goals related to sexual assault victim recovery. 
(b) CONTENTS.—The report shall— 
(1) describe Coast Guard strategic goals relat-
ing to sexual assault climate, prevention, response, 
and accountability, and actions taken by the Coast 
Guard to promote sexual assault victim recovery; 
(2) explain how victim recovery is being incor-
porated into Coast Guard strategic and pro-
grammatic guidance related to sexual assault pre-
vention and response; 
(3) examine current Coast Guard sexual assault 
prevention and response policy with respect to— 
(A) Coast Guard criteria for what com-
prises sexual assault victim recovery; 
(B) alignment of Coast Guard personnel 
policies to enhance— 
(i) an approach to sexual assault re-
sponse that gives priority to victim recov-
ery; 
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(ii) upholding individual privacy and 
dignity; and 
(iii) the opportunity for the continu-
ation of Coast Guard service by sexual as-
sault victims; and 
(C) sexual harassment response, including 
a description of the circumstances under which 
sexual harassment is considered a criminal of-
fense; and 
(4) to ensure victims and supervisors under-
stand the full scope of resources available to aid in 
long-term recovery, explain how the Coast Guard in-
forms its workforce about changes to sexual assault 
prevention and response policies related to victim re-
covery. 
TITLE III—PORTS AND 
WATERWAYS SAFETY 
SEC. 5301. CODIFICATION OF PORTS AND WATERWAYS 
SAFETY ACT. 
(a) CODIFICATION.—Subtitle VII of title 46, United 
States Code, is amended by inserting before chapter 701 
the following: 
‘‘CHAPTER 700—PORTS AND WATERWAYS 
SAFETY 
‘‘SUBCHAPTER A—VESSEL OPERATIONS 
‘‘Sec. 
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‘‘70001. Vessel traffic services. 
‘‘70002. Special powers. 
‘‘70003. Port access routes. 
‘‘70004. Considerations by Secretary. 
‘‘70005. International agreements. 
‘‘SUBCHAPTER B—PORTS AND WATERWAYS SAFETY 
‘‘70011. Waterfront safety. 
‘‘70012. Navigational hazards. 
‘‘70013. Requirement to notify Coast Guard of release of objects into the navi-
gable waters of the United States. 
‘‘SUBCHAPTER C—CONDITION FOR ENTRY INTO PORTS IN THE UNITED 
STATES 
‘‘70021. Conditions for entry to ports in the United States. 
‘‘SUBCHAPTER D—DEFINITIONS, REGULATIONS, ENFORCEMENT, 
INVESTIGATORY POWERS, APPLICABILITY 
‘‘70031. Definitions. 
‘‘70032. Saint Lawrence Seaway. 
‘‘70033. Limitation on application to foreign vessels. 
‘‘70034. Regulations. 
‘‘70035. Investigatory powers. 
‘‘70036. Enforcement. 
‘‘SUBCHAPTER A—VESSEL OPERATIONS 
‘‘§ 70001. Vessel traffic services 
‘‘(a) Subject to the requirements of section 70004, 
the Secretary— 
‘‘(1) in any port or place under the jurisdiction 
of the United States, in the navigable waters of the 
United States, or in any area covered by an inter-
national agreement negotiated pursuant to section 
70005, may construct, operate, maintain, improve, 
or expand vessel traffic services, that consist of 
measures for controlling or supervising vessel traffic 
or for protecting navigation and the marine environ-
ment and that may include one or more of reporting 
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and operating requirements, surveillance and com-
munications systems, routing systems, and fairways; 
‘‘(2) shall require appropriate vessels that oper-
ate in an area of a vessel traffic service to utilize or 
comply with that service; 
‘‘(3)(A) may require vessels to install and use 
specified navigation equipment, communications 
equipment, electronic relative motion analyzer equip-
ment, or any electronic or other device necessary to 
comply with a vessel traffic service or that is nec-
essary in the interests of vessel safety. 
‘‘(B) Notwithstanding subparagraph (A), the 
Secretary shall not require fishing vessels under 300 
gross tons as measured under section 14502, or an 
alternate tonnage measured under section 14302 as 
prescribed by the Secretary under section 14104, or 
recreational vessels 65 feet or less to possess or use 
the equipment or devices required by this subsection 
solely under the authority of this chapter; 
‘‘(4) may control vessel traffic in areas subject 
to the jurisdiction of the United States that the Sec-
retary determines to be hazardous, or under condi-
tions of reduced visibility, adverse weather, vessel 
congestion, or other hazardous circumstances, by— 
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‘‘(A) specifying times of entry, movement, 
or departure; 
‘‘(B) establishing vessel traffic routing 
schemes; 
‘‘(C) establishing vessel size, speed, or 
draft limitations and vessel operating condi-
tions; and 
‘‘(D) restricting operation, in any haz-
ardous area or under hazardous conditions, to 
vessels that have particular operating character-
istics or capabilities that the Secretary con-
siders necessary for safe operation under the 
circumstances; 
‘‘(5) may require the receipt of prearrival mes-
sages from any vessel, destined for a port or place 
subject to the jurisdiction of the United States, in 
sufficient time to permit advance vessel traffic plan-
ning before port entry, which shall include any infor-
mation that is not already a matter of record and 
that the Secretary determines necessary for the con-
trol of the vessel and the safety of the port or the 
marine environment; and 
‘‘(6) may prohibit the use on vessels of elec-
tronic or other devices that interfere with commu-
nication and navigation equipment, except that such 
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authority shall not apply to electronic or other de-
vices certified to transmit in the maritime services 
by the Federal Communications Commission and 
used within the frequency bands 157.1875–157.4375 
MHz and 161.7875–162.0375 MHz. 
‘‘(b) COOPERATIVE AGREEMENTS.— 
‘‘(1) IN GENERAL.—The Secretary may enter 
into cooperative agreements with public or private 
agencies, authorities, associations, institutions, cor-
porations, organizations, or other persons to carry 
out the functions under subsection (a)(1). 
‘‘(2) LIMITATION.— 
‘‘(A) A nongovernmental entity may not 
under this subsection carry out an inherently 
governmental function. 
‘‘(B) As used in this paragraph, the term 
‘inherently governmental function’ means any 
activity that is so intimately related to the pub-
lic interest as to mandate performance by an 
officer or employee of the Federal Government, 
including an activity that requires either the ex-
ercise of discretion in applying the authority of 
the Government or the use of judgment in mak-
ing a decision for the Government. 
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‘‘(c) LIMITATION OF LIABILITY FOR COAST GUARD 
VESSEL TRAFFIC SERVICE PILOTS AND NON-FEDERAL 
VESSEL TRAFFIC SERVICE OPERATORS.— 
‘‘(1) COAST GUARD VESSEL TRAFFIC SERVICE 
PILOTS.—Any pilot, acting in the course and scope 
of his or her duties while at a Coast Guard Vessel 
Traffic Service, who provides information, advice, or 
communication assistance while under the super-
vision of a Coast Guard officer, member, or em-
ployee shall not be liable for damages caused by or 
related to such assistance unless the acts or omis-
sions of such pilot constitute gross negligence or 
willful misconduct. 
‘‘(2) NON-FEDERAL VESSEL TRAFFIC SERVICE 
OPERATORS.—An entity operating a non-Federal 
vessel traffic information service or advisory service 
pursuant to a duly executed written agreement with 
the Coast Guard, and any pilot acting on behalf of 
such entity, is not liable for damages caused by or 
related to information, advice, or communication as-
sistance provided by such entity or pilot while so op-
erating or acting unless the acts or omissions of 
such entity or pilot constitute gross negligence or 
willful misconduct. 
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‘‘§ 70002. Special powers 
‘‘The Secretary may order any vessel, in a port or 
place subject to the jurisdiction of the United States or 
in the navigable waters of the United States, to operate 
or anchor in a manner the Secretary directs if— 
‘‘(1) the Secretary has reasonable cause to be-
lieve such vessel does not comply with any regulation 
issued under section 70034 or any other applicable 
law or treaty; 
‘‘(2) the Secretary determines such vessel does 
not satisfy the conditions for port entry set forth in 
section 70021 of this title; or 
‘‘(3) by reason of weather, visibility, sea condi-
tions, 
port 
congestion, 
other 
hazardous 
cir-
cumstances, or the condition of such vessel, the Sec-
retary is satisfied such direction is justified in the 
interest of safety. 
‘‘§ 70003. Port access routes 
‘‘(a) AUTHORITY TO DESIGNATE.—Except as pro-
vided in subsection (b) and subject to the requirements 
of subsection (c), in order to provide safe access routes 
for the movement of vessel traffic proceeding to or from 
ports or places subject to the jurisdiction of the United 
States, the Secretary shall designate necessary fairways 
and traffic separation schemes for vessels operating in the 
territorial sea of the United States and in high seas ap-
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proaches, outside the territorial sea, to such ports or 
places. Such a designation shall recognize, within the des-
ignated area, the paramount right of navigation over all 
other uses. 
‘‘(b) LIMITATION.— 
‘‘(1) IN
GENERAL.—No designation may be 
made by the Secretary under this section if— 
‘‘(A) the Secretary determines such a des-
ignation, as implemented, would deprive any 
person of the effective exercise of a right grant-
ed by a lease or permit executed or issued 
under other applicable provisions of law; and 
‘‘(B) such right has became vested before 
the time of publication of the notice required by 
paragraph (1) of subsection (c). 
‘‘(2) CONSULTATION
REQUIRED.—The Sec-
retary shall make the determination under para-
graph (1)(A) after consultation with the head of the 
agency responsible for executing the lease or issuing 
the permit. 
‘‘(c) CONSIDERATION
OF
OTHER
USES.—Before 
making a designation under subsection (a), and in accord-
ance with the requirements of section 70004, the Sec-
retary shall— 
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‘‘(1) undertake a study of the potential traffic 
density and the need for safe access routes for ves-
sels in any area for which fairways or traffic separa-
tion schemes are proposed or that may otherwise be 
considered and publish notice of such undertaking in 
the Federal Register; 
‘‘(2) in consultation with the Secretary of State, 
the Secretary of the Interior, the Secretary of Com-
merce, the Secretary of the Army, and the Gov-
ernors of affected States, as their responsibilities 
may require, take into account all other uses of the 
area under consideration, including, as appropriate, 
the exploration for, or exploitation of, oil, gas, or 
other mineral resources, the construction or oper-
ation of deepwater ports or other structures on or 
above the seabed or subsoil of the submerged lands 
or the Outer Continental Shelf of the United States, 
the establishment or operation of marine or estua-
rine sanctuaries, and activities involving recreational 
or commercial fishing; and 
‘‘(3) to the extent practicable, reconcile the 
need for safe access routes with the needs of all 
other reasonable uses of the area involved. 
‘‘(d) STUDY.—In carrying out the Secretary’s respon-
sibilities under subsection (c), the Secretary shall— 
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‘‘(1) proceed expeditiously to complete any 
study undertaken; and 
‘‘(2) after completion of such a study, prompt-
ly— 
‘‘(A) issue a notice of proposed rulemaking 
for the designation contemplated; or 
‘‘(B) publish in the Federal Register a no-
tice that no designation is contemplated as a re-
sult of the study and the reason for such deter-
mination. 
‘‘(e) IMPLEMENTATION OF DESIGNATION.—In con-
nection with a designation made under this section, the 
Secretary— 
‘‘(1) shall issue reasonable rules and regulations 
governing the use of such designated areas, includ-
ing rules and regulations regarding the applicability 
of rules 9 and 10 of the International Regulations 
for Preventing Collisions at Sea, 1972, relating to 
narrow channels and traffic separation schemes, re-
spectively, in waters where such regulations apply; 
‘‘(2) to the extent that the Secretary finds rea-
sonable and necessary to effectuate the purposes of 
the designation, make the use of designated fairways 
and traffic separation schemes mandatory for spe-
cific types and sizes of vessels, foreign and domestic, 
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operating in the territorial sea of the United States 
and for specific types and sizes of vessels of the 
United States operating on the high seas beyond the 
territorial sea of the United States; 
‘‘(3) may, from time to time, as necessary, ad-
just the location or limits of designated fairways or 
traffic separation schemes in order to accommodate 
the needs of other uses that cannot be reasonably 
accommodated otherwise, except that such an ad-
justment may not, in the judgment of the Secretary, 
unacceptably adversely affect the purpose for which 
the existing designation was made and the need for 
which continues; and 
‘‘(4) shall, through appropriate channels— 
‘‘(A) notify cognizant international organi-
zations of any designation, or adjustment there-
of; and 
‘‘(B) take action to seek the cooperation of 
foreign States in making it mandatory for ves-
sels under their control to use, to the same ex-
tent as required by the Secretary for vessels of 
the United States, any fairway or traffic sepa-
ration scheme designated under this section in 
any area of the high seas. 
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‘‘§ 70004. Considerations by Secretary 
‘‘In carrying out the duties of the Secretary under 
sections 70001, 70002, and 70003, the Secretary shall— 
‘‘(1) take into account all relevant factors con-
cerning navigation and vessel safety, protection of 
the marine environment, and the safety and security 
of United States ports and waterways, including— 
‘‘(A) the scope and degree of the risk or 
hazard involved; 
‘‘(B) vessel traffic characteristics and 
trends, including traffic volume, the sizes and 
types of vessels involved, potential interference 
with the flow of commercial traffic, the presence 
of any unusual cargoes, and other similar fac-
tors; 
‘‘(C) port and waterway configurations and 
variations in local conditions of geography, cli-
mate, and other similar factors; 
‘‘(D) the need for granting exemptions for 
the installation and use of equipment or devices 
for use with vessel traffic services for certain 
classes of small vessels, such as self-propelled 
fishing vessels and recreational vessels; 
‘‘(E) the proximity of fishing grounds, oil 
and gas drilling and production operations, or 
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any other potential or actual conflicting activ-
ity; 
‘‘(F) environmental factors; 
‘‘(G) economic impact and effects; 
‘‘(H) existing vessel traffic services; and 
‘‘(I) local practices and customs, including 
voluntary arrangements and agreements within 
the maritime community; and 
‘‘(2) at the earliest possible time, consult with 
and receive and consider the views of representatives 
of the maritime community, ports and harbor au-
thorities or associations, environmental groups, and 
other persons who may be affected by the proposed 
actions. 
‘‘§ 70005. International agreements 
‘‘(a) TRANSMITTAL
OF REGULATIONS.—The Sec-
retary shall transmit, via the Secretary of State, to appro-
priate international bodies or forums, any regulations 
issued under this subchapter, for consideration as inter-
national standards. 
‘‘(b) AGREEMENTS.—The President is authorized 
and encouraged to— 
‘‘(1) enter into negotiations and conclude and 
execute agreements with neighboring nations, to es-
tablish compatible vessel standards and vessel traffic 
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services, and to establish, operate, and maintain 
international vessel traffic services, in areas and 
under circumstances of mutual concern; and 
‘‘(2) enter into negotiations, through appro-
priate international bodies, and conclude and execute 
agreements to establish vessel traffic services in ap-
propriate areas of the high seas. 
‘‘(c) OPERATIONS.—The Secretary, pursuant to any 
agreement negotiated under subsection (b) that is binding 
upon the United States in accordance with constitutional 
requirements, may— 
‘‘(1) require vessels operating in an area of a 
vessel traffic service to utilize or to comply with the 
vessel traffic service, including the carrying or in-
stallation of equipment and devices as necessary for 
the use of the service; and 
‘‘(2) waive, by order or regulation, the applica-
tion of any United States law or regulation con-
cerning the design, construction, operation, equip-
ment, personnel qualifications, and manning stand-
ards for vessels operating in waters over which the 
United States exercises jurisdiction if such vessel is 
not en route to or from a United States port or 
place, and if vessels en route to or from a United 
States port or place are accorded equivalent waivers 
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of laws and regulations of the neighboring nation, 
when operating in waters over which that nation ex-
ercises jurisdiction. 
‘‘(d) SHIP REPORTING SYSTEMS.—The Secretary, in 
cooperation with the International Maritime Organization, 
may implement and enforce two mandatory ship reporting 
systems, consistent with international law, with respect to 
vessels subject to such reporting systems entering the fol-
lowing areas of the Atlantic Ocean: 
‘‘(1) Cape Cod Bay, Massachusetts Bay, and 
Great South Channel (in the area generally bounded 
by a line starting from a point on Cape Ann, Massa-
chusetts at 42 deg. 39′ N., 70 deg. 37′ W; then 
northeast to 42 deg. 45′ N., 70 deg. 13′ W; then 
southeast to 42 deg. 10′ N., 68 deg. 31′ W, then 
south to 41 deg. 00′ N., 68 deg. 31′ W; then west 
to 41 deg. 00′ N., 69 deg. 17′ W; then northeast to 
42 deg. 05′ N., 70 deg. 02′ W, then west to 42 deg. 
04′ N., 70 deg. 10′ W; and then along the Massa-
chusetts shoreline of Cape Cod Bay and Massachu-
setts Bay back to the point on Cape Ann at 42 deg. 
39′ N., 70 deg. 37′ W). 
‘‘(2) In the coastal waters of the Southeastern 
United States within about 25 nm along a 90 nm 
stretch of the Atlantic seaboard (in an area gen-
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erally extending from the shoreline east to longitude 
80 deg. 51.6′ W with the southern and northern 
boundary at latitudes 30 deg. 00′ N., 31 deg. 27′ 
N., respectively). 
‘‘SUBCHAPTER B—PORTS AND WATERWAYS 
SAFETY 
‘‘§ 70011. Waterfront safety 
‘‘(a) IN GENERAL.—The Secretary may take such ac-
tion as is necessary to— 
‘‘(1) prevent damage to, or the destruction of, 
any bridge or other structure on or in the navigable 
waters of the United States, or any land structure 
or shore area immediately adjacent to such waters; 
and 
‘‘(2) protect the navigable waters and the re-
sources therein from harm resulting from vessel or 
structure damage, destruction, or loss. 
‘‘(b) ACTIONS AUTHORIZED.—Actions authorized by 
subsection (a) include— 
‘‘(1) establishing procedures, measures, and 
standards for the handling, loading, unloading, stor-
age, stowage, and movement on a structure (includ-
ing the emergency removal, control, and disposition) 
of explosives or other dangerous articles and sub-
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stances, including oil or hazardous material as those 
terms are defined in section 2101; 
‘‘(2) prescribing minimum safety equipment re-
quirements for a structure to assure adequate pro-
tection from fire, explosion, natural disaster, and 
other serious accidents or casualties; 
‘‘(3) establishing water or waterfront safety 
zones, or other measures, for limited, controlled, or 
conditional access and activity when necessary for 
the protection of any vessel, structure, waters, or 
shore area; and 
‘‘(4) establishing procedures for examination to 
assure compliance with the requirements prescribed 
under this section. 
‘‘(c) STATE LAW.—Nothing in this section, with re-
spect to structures, prohibits a State or political subdivi-
sion thereof from prescribing higher safety equipment re-
quirements or safety standards than those that may be 
prescribed by regulations under this section. 
‘‘§ 70012. Navigational hazards 
‘‘(a) REPORTING PROCEDURE.—The Secretary shall 
establish a program to encourage fishermen and other ves-
sel operators to report potential or existing navigational 
hazards involving pipelines to the Secretary through Coast 
Guard field offices. 
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‘‘(b) SECRETARY’S RESPONSE.— 
‘‘(1) NOTIFICATION BY THE OPERATOR OF A 
PIPELINE.—Upon notification by the operator of a 
pipeline of a hazard to navigation with respect to 
that pipeline, the Secretary shall immediately notify 
Coast Guard headquarters, the Pipeline and Haz-
ardous Materials Safety Administration, other af-
fected Federal and State agencies, and vessel owners 
and operators in the pipeline’s vicinity. 
‘‘(2) NOTIFICATION
BY
OTHER
PERSONS.— 
Upon notification by any other person of a hazard 
or potential hazard to navigation with respect to a 
pipeline, the Secretary shall promptly determine 
whether a hazard exists, and if so shall immediately 
notify Coast Guard headquarters, the Pipeline and 
Hazardous Materials Safety Administration, other 
affected Federal and State agencies, vessel owners 
and operators in the pipeline’s vicinity, and the 
owner and operator of the pipeline. 
‘‘(c) PIPELINE DEFINED.—For purposes of this sec-
tion, the term ‘pipeline’ has the meaning given the term 
‘pipeline facility’ in section 60101(a)(18) of title 49. 
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‘‘§ 70013. Requirement to notify Coast Guard of re-
lease of objects into the navigable waters 
of the United States 
‘‘(a) REQUIREMENT.—As soon as a person has 
knowledge of any release from a vessel or facility into the 
navigable waters of the United States of any object that 
creates an obstruction prohibited under section 10 of the 
Act of March 3, 1899, popularly known as the Rivers and 
Harbors Appropriations Act of 1899 (33 U.S.C. 403), 
such person shall notify the Secretary and the Secretary 
of the Army of such release. 
‘‘(b) RESTRICTION ON USE OF NOTIFICATION.—Any 
notification provided by an individual in accordance with 
subsection (a) may not be used against such individual 
in any criminal case, except a prosecution for perjury or 
for giving a false statement. 
‘‘SUBCHAPTER C—CONDITION FOR ENTRY INTO 
PORTS IN THE UNITED STATES 
‘‘§ 70021. Conditions for entry to ports in the United 
States 
‘‘(a) IN GENERAL.—No vessel that is subject to chap-
ter 37 shall operate in the navigable waters of the United 
States or transfer cargo or residue in any port or place 
under the jurisdiction of the United States, if such ves-
sel— 
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‘‘(1) has a history of accidents, pollution inci-
dents, or serious repair problems that, as determined 
by the Secretary, creates reason to believe that such 
vessel may be unsafe or may create a threat to the 
marine environment; 
‘‘(2) fails to comply with any applicable regula-
tion issued under section 70034, chapter 37, or any 
other applicable law or treaty; 
‘‘(3) discharges oil or hazardous material in vio-
lation of any law of the United States or in a man-
ner or quantities inconsistent with any treaty to 
which the United States is a party; 
‘‘(4) does not comply with any applicable vessel 
traffic service requirements; 
‘‘(5) is manned by one or more officers who are 
licensed by a certificating State that the Secretary 
has determined, pursuant to section 9101 of title 46, 
does not have standards for licensing and certifi-
cation of seafarers that are comparable to or more 
stringent than United States standards or inter-
national standards that are accepted by the United 
States; 
‘‘(6) is not manned in compliance with manning 
levels as determined by the Secretary to be necessary 
to insure the safe navigation of the vessel; or 
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‘‘(7) while underway, does not have at least one 
licensed deck officer on the navigation bridge who is 
capable of clearly understanding English. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) IN GENERAL.—The Secretary may allow 
provisional entry of a vessel that is not in compli-
ance with subsection (a), if the owner or operator of 
such vessel proves, to the satisfaction of the Sec-
retary, that such vessel is not unsafe or a threat to 
the marine environment, and if such entry is nec-
essary for the safety of the vessel or persons aboard. 
‘‘(2) PROVISIONS
NOT
APPLICABLE.—Para-
graphs (1), (2), (3), and (4) of subsection (a) of this 
section shall not apply to a vessel allowed provisional 
entry under paragraph (1) if the owner or operator 
of such vessel proves, to the satisfaction of the Sec-
retary, that such vessel is no longer unsafe or a 
threat to the marine environment, and is no longer 
in violation of any applicable law, treaty, regulation 
or condition, as appropriate. 
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‘‘SUBCHAPTER 
D—DEFINITIONS, 
REGULA-
TIONS, 
ENFORCEMENT, 
INVESTIGATORY 
POWERS, APPLICABILITY 
‘‘§ 70031. Definitions 
‘‘As used in subchapters A through C and this sub-
chapter, unless the context otherwise requires: 
‘‘(1) The term ‘marine environment’ means— 
‘‘(A) the navigable waters of the United 
States and the land and resources therein and 
thereunder; 
‘‘(B) the waters and fishery resources of 
any area over which the United States asserts 
exclusive fishery management authority; 
‘‘(C) the seabed and subsoil of the Outer 
Continental Shelf of the United States, the re-
sources thereof, and the waters superjacent 
thereto; and 
‘‘(D) the recreational, economic, and scenic 
values of such waters and resources. 
‘‘(2) The term ‘Secretary’ means the Secretary 
of the department in which the Coast Guard is oper-
ating, except that such term means the Secretary of 
Transportation with respect to the application of 
this chapter to the Saint Lawrence Seaway. 
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‘‘(3) The term ‘navigable waters of the United 
States’ includes all waters of the territorial sea of 
the United States as described in Presidential Proc-
lamation No. 5928 of December 27, 1988. 
‘‘§ 70032. Saint Lawrence Seaway 
‘‘The authority granted to the Secretary under sec-
tions 70001, 70002, 70003, 7004, and 70011 may not be 
delegated with respect to the Saint Lawrence Seaway to 
any agency other than the Saint Lawrence Seaway Devel-
opment Corporation. Any other authority granted the Sec-
retary under subchapters A through C and this subchapter 
shall be delegated by the Secretary to the Saint Lawrence 
Seaway Development Corporation to the extent the Sec-
retary determines such delegation is necessary for the 
proper operation of the Saint Lawrence Seaway. 
‘‘§ 70033. Limitation on application to foreign vessels 
‘‘Except pursuant to international treaty, convention, 
or agreement, to which the United States is a party, sub-
chapters A through C and this subchapter shall not apply 
to any foreign vessel that is not destined for, or departing 
from, a port or place subject to the jurisdiction of the 
United States and that is in— 
‘‘(1) innocent passage through the territorial 
sea of the United States; or 
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‘‘(2) transit through the navigable waters of the 
United States that form a part of an international 
strait. 
‘‘§ 70034. Regulations 
‘‘(a) IN GENERAL.—In accordance with section 553 
of title 5, the Secretary shall issue, and may from time 
to time amend or repeal, regulations necessary to imple-
ment subchapters A through C and this subchapter. 
‘‘(b) CONSULTATION.—In the exercise of the regu-
latory authority under subchapters A through C and this 
subchapter, the Secretary shall consult with, and receive 
and consider the views of all interested persons, includ-
ing— 
‘‘(1) interested Federal departments and agen-
cies; 
‘‘(2) officials of State and local governments; 
‘‘(3) representatives of the maritime commu-
nity; 
‘‘(4) representatives of port and harbor authori-
ties or associations; 
‘‘(5) representatives of environmental groups; 
‘‘(6) any other interested persons who are 
knowledgeable or experienced in dealing with prob-
lems involving vessel safety, port and waterways 
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safety, and protection of the marine environment; 
and 
‘‘(7) advisory committees consisting of all inter-
ested segments of the public when the establishment 
of such committees is considered necessary because 
the issues involved are highly complex or controver-
sial. 
‘‘§ 70035. Investigatory powers 
‘‘(a) SECRETARY.—The Secretary may investigate 
any incident, accident, or act involving the loss or destruc-
tion of, or damage to, any structure subject to subchapters 
A through C and this subchapter, or that affects or may 
affect the safety or environmental quality of the ports, 
harbors, or navigable waters of the United States. 
‘‘(b) POWERS.—In an investigation under this sec-
tion, the Secretary may issue subpoenas to require the at-
tendance of witnesses and the production of documents or 
other evidence relating to such incident, accident, or act. 
If any person refuses to obey a subpoena, the Secretary 
may request the Attorney General to invoke the aid of the 
appropriate district court of the United States to compel 
compliance with the subpoena. Any district court of the 
United States may, in the case of refusal to obey a sub-
poena, issue an order requiring compliance with the sub-
poena, and failure to obey the order may be punished by 
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the court as contempt. Witnesses may be paid fees for 
travel and attendance at rates not exceeding those allowed 
in a district court of the United States. 
‘‘§ 70036. Enforcement 
‘‘(a) CIVIL PENALTY.— 
‘‘(1) IN GENERAL.—Any person who is found 
by the Secretary, after notice and an opportunity for 
a hearing, to have violated subchapters A through C 
or this subchapter or a regulation issued under sub-
chapters A through C or this subchapter shall be lia-
ble to the United States for a civil penalty, not to 
exceed $25,000 for each violation. Each day of a 
continuing violation shall constitute a separate viola-
tion. The amount of such civil penalty shall be as-
sessed by the Secretary, or the Secretary’s designee, 
by written notice. In determining the amount of 
such penalty, the Secretary shall take into account 
the nature, circumstances, extent, and gravity of the 
prohibited acts committed and, with respect to the 
violator, the degree of culpability, any history of 
prior offenses, ability to pay, and such other matters 
as justice may require. 
‘‘(2) COMPROMISE, MODIFICATION, OR REMIS-
SION.—The Secretary may compromise, modify, or 
remit, with or without conditions, any civil penalty 
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that is subject to imposition or that has been im-
posed under this section. 
‘‘(3) FAILURE TO PAY PENALTY.—If any per-
son fails to pay an assessment of a civil penalty 
after it has become final, the Secretary may refer 
the matter to the Attorney General of the United 
States, for collection in any appropriate district 
court of the United States. 
‘‘(b) CRIMINAL PENALTY.— 
‘‘(1) CLASS D FELONY.—Any person who will-
fully and knowingly violates subchapters A through 
C or this subchapter or any regulation issued there-
under commits a class D felony. 
‘‘(2) CLASS C FELONY.—Any person who, in 
the willful and knowing violation of subchapters A 
through C or this subchapter or of any regulation 
issued thereunder, uses a dangerous weapon, or en-
gages in conduct that causes bodily injury or fear of 
imminent bodily injury to any officer authorized to 
enforce the provisions of such a subchapter or the 
regulations issued under such subchapter, commits a 
class C felony. 
‘‘(c) IN REM LIABILITY.—Any vessel that is used in 
violation of subchapters A, B, or C or this subchapter, 
or any regulations issued under such subchapter, shall be 
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liable in rem for any civil penalty assessed pursuant to 
subsection (a) and may be proceeded against in the United 
States district court for any district in which such vessel 
may be found. 
‘‘(d) INJUNCTION.—The United States district courts 
shall have jurisdiction to restrain violations of subchapter 
A, B, or C or this subchapter or of regulations issued 
under such subchapter, for cause shown. 
‘‘(e) DENIAL OF ENTRY.—Except as provided in sec-
tion 70021, the Secretary may, subject to recognized prin-
ciples of international law, deny entry by any vessel that 
is not in compliance with subchapter A, B, or C or this 
subchapter or the regulations issued under such sub-
chapter— 
‘‘(1) into the navigable waters of the United 
States; or 
‘‘(2) to any port or place under the jurisdiction 
of the United States. 
‘‘(f) WITHHOLDING OF CLEARANCE.— 
‘‘(1) IN GENERAL.—If any owner, operator, or 
individual in charge of a vessel is liable for a penalty 
or fine under this section, or if reasonable cause ex-
ists to believe that the owner, operator, or individual 
in charge may be subject to a penalty or fine under 
this section, the Secretary of the Treasury, upon the 
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request of the Secretary, shall with respect to such 
vessel refuse or revoke any clearance required by 
section 60105 of title 46. 
‘‘(2) GRANTING CLEARANCE REFUSED OR RE-
VOKED.—Clearance refused or revoked under this 
subsection may be granted upon filing of a bond or 
other surety satisfactory to the Secretary.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such subtitle is amended by inserting before 
the item relating to chapter 701 the following: 
‘‘700. Ports and Waterways Safety .............................................70001.’’. 
SEC. 5302. CONFORMING AMENDMENTS. 
(a) ELECTRONIC CHARTS.— 
(1) TRANSFER OF PROVISION.—Section 4A of 
the Ports and Waterways Safety Act (33 U.S.C. 
1223a)— 
(A) is redesignated as section 3105 of title 
46, United States Code, and transferred to ap-
pear after section 3104 of that title; and 
(B) is amended by striking subsection (b) 
and inserting the following: 
‘‘(b) LIMITATION ON APPLICATION.—Except pursu-
ant to an international treaty, convention, or agreement, 
to which the United States is a party, this section shall 
not apply to any foreign vessel that is not destined for, 
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or departing from, a port or place subject to the jurisdic-
tion of the United States and that is in— 
‘‘(1) innocent passage through the territorial 
sea of the United States; or 
‘‘(2) transit through the navigable waters of the 
United States that form a part of an international 
strait.’’. 
(2) CLERICAL AMENDMENT.—The analysis at 
the beginning of chapter 31 of such title is amended 
by adding at the end the following: 
‘‘3105. Electronic charts.’’. 
(b) PORT, HARBOR, AND COASTAL FACILITY SECU-
RITY.— 
(1) TRANSFER OF PROVISIONS.—So much of 
section 7 of the Ports and Waterways Safety Act 
(33 U.S.C. 1226) as precedes subsection (c) of that 
section is redesignated as section 70116 of title 46, 
United States Code, and transferred so as to replace 
section 70116 of that title, as in effect before the 
enactment of this Act. 
(2) DEFINITIONS, ADMINISTRATION, AND EN-
FORCEMENT.—Section 70116 of title 46, United 
States Code, as amended by paragraph (1) of this 
subsection, is amended by adding at the end the fol-
lowing: 
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‘‘(c) DEFINITIONS, ADMINISTRATION, 
AND
EN-
FORCEMENT.—This section shall be treated as part of 
chapter 700 for purposes of sections 70031, 70032, 
70034, 70035, and 70036.’’. 
(3) CLERICAL AMENDMENT.—The analysis at 
the beginning of chapter 701 of such title is amend-
ed by striking the item relating to section 70116 and 
inserting the following: 
‘‘70116. Port, harbor, and coastal facility security.’’. 
(c) NONDISCLOSURE OF PORT SECURITY PLANS.— 
Subsection (c) of section 7 of the Ports and Waterways 
Safety Act (33 U.S.C. 1226), as so designated before the 
application of subsection (b)(1) of this section— 
(1) is redesignated as subsection (f) of section 
70103 of title 46, United States Code, and trans-
ferred so as to appear after subsection (e) of such 
section; and 
(2) is amended by striking ‘‘this Act’’ and in-
serting ‘‘this chapter’’. 
(d) REPEAL.—Section 2307 of title 46, United States 
Code, and the item relating to that section in the analysis 
at the beginning of chapter 23 of that title, are repealed. 
(e) REPEAL.—The Ports and Waterways Safety Act 
(33 U.S.C. 1221–1231, 1232–1232b), as amended by this 
Act, is repealed. 
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SEC. 5303. TRANSITIONAL AND SAVINGS PROVISIONS. 
(a) DEFINITIONS.—In this section: 
(1) SOURCE
PROVISION.—The term ‘‘source 
provision’’ means a provision of law that is replaced 
by a title 46 provision under this title. 
(2) TITLE 46 PROVISION.—The term ‘‘title 46 
provision’’ means a provision of title 46, United 
States Code, that is enacted by section 5302. 
(b) CUTOFF DATE.—The title 46 provisions replace 
certain provisions of law enacted before the date of the 
enactment of this Act. If a law enacted after that date 
amends or repeals a source provision, that law is deemed 
to amend or repeal, as the case may be, the corresponding 
title 46 provision. If a law enacted after that date is other-
wise inconsistent with a title 46 provision or a provision 
of this title, that law supersedes the title 46 provision or 
provision of this title to the extent of the inconsistency. 
(c) ORIGINAL DATE OF ENACTMENT UNCHANGED.— 
For purposes of determining whether one provision of law 
supersedes another based on enactment later in time, a 
title 46 provision is deemed to have been enacted on the 
date of enactment of the source provision that the title 
46 provision replaces. 
(d) REFERENCES TO TITLE 46 PROVISIONS.—A ref-
erence to a title 46 provision, including a reference in a 
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regulation, order, or other law, is deemed to refer to the 
corresponding source provision. 
(e) REFERENCES TO SOURCE PROVISIONS.—A ref-
erence to a source provision, including a reference in a 
regulation, order, or other law, is deemed to refer to the 
corresponding title 46 provision. 
(f) REGULATIONS, ORDERS, AND OTHER ADMINIS-
TRATIVE ACTIONS.—A regulation, order, or other admin-
istrative action in effect under a source provision con-
tinues in effect under the corresponding title 46 provision. 
(g) ACTIONS TAKEN AND OFFENSES COMMITTED.— 
An action taken or an offense committed under a source 
provision is deemed to have been taken or committed 
under the corresponding title 46 provision. 
SEC. 5304. RULE OF CONSTRUCTION. 
This title, including the amendments made by this 
title, is intended only to transfer provisions of the Ports 
and Waterways Safety Act to title 46, United States Code, 
and may not be construed to alter— 
(1) the effect of a provision of the Ports and 
Waterways Safety Act, including any authority or 
requirement therein; 
(2) a department or agency interpretation with 
respect to the Ports and Waterways Safety Act; or 
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(3) a judicial interpretation with respect to the 
Ports and Waterways Safety Act. 
SEC. 5305. ADVISORY COMMITTEE: REPEAL. 
Section 18 of the Coast Guard Authorization Act of 
1991 (Public Law 102–241; 105 Stat. 2213) is repealed. 
SEC. 5306. REGATTAS AND MARINE PARADES. 
(a) IN GENERAL.—Chapter 700 of title 46, United 
States Code, as established by section 5301 of this Act, 
is amended by adding at the end the following: 
‘‘SUBCHAPTER E—REGATTAS AND MARINE 
PARADES 
‘‘§ 70041. Regattas and marine parades 
‘‘(a) IN GENERAL.—The Commandant of the Coast 
Guard may issue regulations to promote the safety of life 
on navigable waters during regattas or marine parades. 
‘‘(b) DETAIL AND USE OF VESSELS.—To enforce 
regulations issued under this section— 
‘‘(1) the Commandant may detail any public 
vessel in the service of the Coast Guard and make 
use of any private vessel tendered gratuitously for 
that purpose; and 
‘‘(2) upon the request of the Commandant, the 
head of any other Federal department or agency 
may enforce the regulations by means of any public 
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vessel of such department and any private vessel 
tendered gratuitously for that purpose. 
‘‘(c) TRANSFER OF AUTHORITY.—The authority of 
the Commandant under this section may be transferred 
by the President for any special occasion to the head of 
another Federal department or agency whenever in the 
President’s judgment such transfer is desirable. 
‘‘(d) PENALTIES.— 
‘‘(1) IN GENERAL.—For any violation of regula-
tions issued pursuant to this section the following 
penalties shall be incurred: 
‘‘(A) A licensed officer shall be liable to 
suspension or revocation of license in the man-
ner prescribed by law for incompetency or mis-
conduct. 
‘‘(B) Any person in charge of the naviga-
tion of a vessel other than a licensed officer 
shall be liable to a penalty of $5,000. 
‘‘(C) The owner of a vessel (including any 
corporate officer of a corporation owning the 
vessel) actually on board shall be liable to a 
penalty of $5,000, unless the violation of regu-
lations occurred without the owner’s knowledge. 
‘‘(D) Any other person shall be liable to a 
penalty of $2,500. 
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‘‘(2) MITIGATION
OR
REMISSION.—The Com-
mandant may mitigate or remit any penalty provided 
for in this subsection in the manner prescribed by 
law for the mitigation or remission of penalties for 
violation of the navigation laws.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 700 of title 46, United States Code, as established by 
section 5301 of this Act, is amended by adding at the end 
the following: 
‘‘SUBCHAPTER E—REGATTAS AND MARINE PARADES 
‘‘70041. Regattas and marine parades.’’. 
(c) REPEAL.—The Act of April 28, 1908 (35 Stat. 
69, chapter 151; 33 U.S.C. 1233 et seq.), is repealed. 
SEC. 5307. REGULATION OF VESSELS IN TERRITORIAL 
WATERS OF UNITED STATES. 
(a) ESTABLISHMENT OF SUBCHAPTER F.—Chapter 
700 of title 46, United States Code, as established by sec-
tion 5301 of this Act, is amended by adding at the end 
the following: 
‘‘SUBCHAPTER F—REGULATION OF VESSELS IN 
TERRITORIAL WATERS OF UNITED STATES 
‘‘§ 70054. Definitions 
‘‘In this subchapter: 
‘‘(1) UNITED
STATES.—The term ‘United 
States’ includes all territory and waters, continental 
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or insular, subject to the jurisdiction of the United 
States. 
‘‘(2) TERRITORIAL WATERS.—The term ‘terri-
torial waters of the United States’ includes all 
waters of the territorial sea of the United States as 
described in Presidential Proclamation 5928 of De-
cember 27, 1988.’’. 
(b) REGULATION OF ANCHORAGE AND MOVEMENT 
OF VESSELS DURING NATIONAL EMERGENCY.—Section 1 
of title II of the Act of June 15, 1917 (40 Stat. 220, chap-
ter 30; 50 U.S.C. 191), is amended— 
(1) by striking the section designation and all 
that follows before ‘‘by proclamation’’ and inserting 
the following: 
‘‘§ 70051. Regulation of anchorage and movement of 
vessels during national emergency 
‘‘Whenever the President’’; 
(2) by striking ‘‘of the Treasury’’; 
(3) by striking ‘‘of the department in which the 
Coast Guard is operating’’; 
(4) by striking ‘‘this title’’ and inserting ‘‘this 
subchapter’’; and 
(5) by transferring the section so that the sec-
tion appears before section 70054 of title 46, United 
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States Code (as added by subsection (a) of this sec-
tion). 
(c) SEIZURE AND FORFEITURE OF VESSEL; FINE 
AND IMPRISONMENT.—Section 2 of title II of the Act of 
June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 192), 
is amended— 
(1) by striking the section designation and all 
that follows before ‘‘agent,’’ and inserting the fol-
lowing: 
‘‘§ 70052. Seizure and forfeiture of vessel; fine and im-
prisonment 
‘‘(a) IN GENERAL.—If any owner,’’; 
(2) by striking ‘‘this title’’ each place it appears 
and inserting ‘‘this subchapter’’; and 
(3) by transferring the section so that the sec-
tion appears after section 70051 of title 46, United 
States Code (as transferred by subsection (b) of this 
section). 
(d) ENFORCEMENT PROVISIONS.—Section 4 of title 
II of the Act of June 15, 1917 (40 Stat. 220, chapter 
30; 50 U.S.C. 194), is amended— 
(1) by striking all before ‘‘may employ’’ and in-
serting the following: 
‘‘§ 70053. Enforcement provisions 
‘‘The President’’; 
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(2) by striking ‘‘the purpose of this title’’ and 
inserting ‘‘this subchapter’’; and 
(3) by transferring the section so that the sec-
tion appears after section 70052 of title 46, United 
States Code (as transferred by subsection (c) of this 
section). 
(e) CLERICAL AMENDMENT.—The analysis for chap-
ter 700 of title 46, United States Code, as established by 
section 5301 of this Act, is amended by adding at the end 
the following: 
‘‘SUBCHAPTER F—REGULATION OF VESSELS IN TERRITORIAL WATERS OF 
UNITED STATES 
‘‘70051. Regulation of anchorage and movement of vessels during national emer-
gency. 
‘‘70052. Seizure and forfeiture of vessel; fine and imprisonment. 
‘‘70053. Enforcement provisions. 
‘‘70054. Definitions.’’. 
TITLE IV—MARITIME 
TRANSPORTATION SAFETY 
SEC. 5401. CLARIFICATION OF LOGBOOK ENTRIES. 
(a) IN GENERAL.—Section 11304 of title 46, United 
States Code, is amended— 
(1) in subsection (a), by striking ‘‘an official’’ 
and inserting ‘‘a’’; and 
(2) in subsection (b), by amending paragraph 
(3) to read as follows: 
‘‘(3) Each illness of, and injury to, a seaman of 
the vessel, the nature of the illness or injury, and 
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the medical treatment provided for the injury or ill-
ness.’’. 
(b) TECHNICAL AMENDMENT.—Section 11304(b) is 
amended by striking ‘‘log book’’ and inserting ‘‘logbook’’. 
SEC. 5402. TECHNICAL CORRECTIONS: LICENSES, CERTIFI-
CATIONS 
OF 
REGISTRY, 
AND 
MERCHANT 
MARINER DOCUMENTS. 
Title 46, United States Code, is amended— 
(1) in section 7106(b), by striking ‘‘merchant 
mariner’s document,’’ and inserting ‘‘license,’’; 
(2) in section 7107(b), by striking ‘‘merchant 
mariner’s document,’’ and inserting ‘‘certificate of 
registry,’’; 
(3) in section 7507(b)(1), by striking ‘‘licenses 
or certificates of registry’’ and inserting ‘‘merchant 
mariner documents’’; and 
(4) in section 7507(b)(2) by striking ‘‘merchant 
mariner’s document.’’ and inserting ‘‘license or cer-
tificate of registry.’’. 
SEC. 5403. NUMBERING FOR UNDOCUMENTED BARGES. 
Section 12301(b) of title 46, United States Code, is 
amended— 
(1) by striking ‘‘shall’’ and inserting ‘‘may’’; 
and 
(2) by inserting ‘‘of’’ after ‘‘barge’’. 
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SEC. 5404. DRAWBRIDGE DEVIATION EXEMPTION. 
Section 5 of the Act entitled ‘‘An Act making appro-
priations for the construction, repair, and preservation of 
certain public works on rivers and harbors, and for other 
purposes’’, approved August 18, 1894 (33 U.S.C. 499), 
is amended by adding at the end the following new sub-
section: 
‘‘(d) EXEMPTION.— 
‘‘(1) IN
GENERAL.—A change to a schedule 
that governs the opening of a drawbridge that will 
be in effect for less than 6 months shall not be sub-
ject to the rule making requirements of section 553 
of title 5, United States Code. 
‘‘(2) ALTERNATE REQUIREMENTS.— 
‘‘(A) DUTIES OF SECRETARY.—The Sec-
retary of the department in which the Coast 
Guard is operating shall provide notice of each 
such change through— 
‘‘(i) a local notice to mariners; 
‘‘(ii) a Coast Guard broadcast notice 
to mariners; or 
‘‘(iii) another method of notice that 
the Secretary considers appropriate. 
‘‘(B) OWNER
AND
OPERATOR
DUTIES.— 
With respect to any drawbridge other than a 
railroad drawbridge, the owner or operator of 
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such drawbridge shall provide notice of such a 
change to— 
‘‘(i) the general public, through publi-
cation in a newspaper of general circula-
tion; 
‘‘(ii) the Department of Transpor-
tation or other public agency with adminis-
trative jurisdiction over the roadway that 
abuts the approach to such bridge; and 
‘‘(iii) the law enforcement organiza-
tion with jurisdiction over the roadway 
that abuts the approach to such bridge.’’. 
SEC. 5405. DEADLINE FOR COMPLIANCE WITH ALTERNATE 
SAFETY COMPLIANCE PROGRAMS. 
(a) DEADLINE.—Section 4503(d) of title 46, United 
States Code, is amended by striking so much as precedes 
paragraph (3) and inserting the following: 
‘‘(d)(1) The Secretary, in cooperation with the com-
mercial fishing industry, may prescribe an alternative 
safety compliance program that shall apply in lieu of re-
quirements under section 4502(b), for any category of 
fishing vessels, fish processing vessels, or fish tender ves-
sels that are— 
‘‘(A) at least 50 feet overall in length; 
‘‘(B) built before July 1, 2013; and 
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‘‘(C) 25 years of age or older. 
‘‘(2) An alternative safety compliance program pre-
scribed under paragraph (1) shall apply to a vessel— 
‘‘(A) except as provided in subparagraph (B), 
after the later of January 1, 2020, or the end of the 
3-year period beginning on the date on which the 
Secretary prescribes the program; and 
‘‘(B) in the case of a vessel that undergoes a 
major conversion completed after the later of July 1, 
2013, or the date the Secretary establishes stand-
ards for the alternate safety compliance program, 
upon the completion of such conversion.’’. 
(b) CONFORMING AMENDMENT.—Section 4502(b) of 
title 46, United States Code, is amended by inserting ‘‘and 
subject to section 4503(d),’’ after ‘‘In addition to the re-
quirements of subsection (a) of this section,’’. 
SEC. 5406. AUTHORIZATION FOR MARINE DEBRIS PRO-
GRAM. 
The Marine Debris Research, Prevention, and Reduc-
tion Act is amended— 
(1) in section 9 (33 U.S.C. 1958)— 
(A) by striking the em-dash and all that 
follows through ‘‘(1)’’; and 
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(B) by striking ‘‘; and’’ and all that follows 
through the end of the section and inserting a 
period; and 
(2) by adding at the end the following: 
‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
‘‘Of the amounts authorized for each fiscal year 
under section 2702(1) of title 14, United States Code, up 
to $2,000,000 are authorized for the Commandant to 
carry out section 4 of this Act, of which not more than 
10 percent may be used for administrative costs.’’. 
SEC. 5407. ALTERNATIVE DISTRESS SIGNALS. 
(a) PERFORMANCE STANDARD.—Not later than one 
year after the date of the enactment of this Act, the Sec-
retary of the department in which the Coast Guard is op-
erating shall issue a rule that establishes a performance 
standard for distress signals, including for maritime visual 
distress signals, that may be used as an alternative to the 
distress signals required by section 175.110 of title 33, 
Code of Federal Regulations.. 
(b) AUTHORIZATION OF USE.—Not later than 180 
days after the date of the issuance of a rule under sub-
section (a), the Secretary shall issue a rule amending part 
175 of title 33, Code of Federal Regulations, to authorize 
use of distress signals in accordance with such perform-
ance standard. 
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SEC. 5408. ATLANTIC COAST PORT ACCESS ROUTE STUDY 
RECOMMENDATIONS. 
Not later than 30 days after the date of the enact-
ment of the Act, the Commandant of the Coast Guard 
shall notify the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate of action taken to carry out the recommendations 
contained in the final report issued by the Atlantic Coast 
Port Access Route Study (ACPARS) workgroup for which 
notice of availability was published March 14, 2016 (81 
Fed. Reg. 13307). 
SEC. 5409. DOCUMENTATION OF RECREATIONAL VESSELS. 
Coast Guard personnel performing nonrecreational 
vessel documentation functions under subchapter II of 
chapter 121 of title 46, United States Code, may perform 
recreational vessel documentation under section 12114 of 
such title in any fiscal year in which— 
(1) funds available for Coast Guard operating 
expenses may not be used for expenses incurred for 
recreational vessel documentation; 
(2) fees collected from owners of yachts and 
credited to such use are insufficient to pay expenses 
of recreational vessel documentation; and 
(3) there is a backlog of applications for rec-
reational vessel documentation. 
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SEC. 5410. CERTIFICATES OF DOCUMENTATION FOR REC-
REATIONAL VESSELS. 
Section 12114 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘(d) EFFECTIVE PERIOD.—A recreational endorse-
ment for a vessel— 
‘‘(1) except as provided in paragraph (3), shall 
be effective for 5 years; 
‘‘(2) shall require the owner of the vessel to no-
tify the Coast Guard of each change in the informa-
tion on which the issuance of the certificate of docu-
mentation is based that occurs before the expiration 
of the certificate under this subsection, by not later 
than 30 days after such change; and 
‘‘(3) shall terminate upon the expiration of such 
30-day period if the owner has not notified the 
Coast Guard of such change before the end of such 
period. 
‘‘(e) STATE AND LOCAL AUTHORITY TO REMOVE 
ABANDONED AND DERELICT VESSELS.—Nothing in this 
section shall be construed to limit the authority of a State 
or local authority from taking action to remove an aban-
doned or derelict vessel. 
‘‘(f) AUTHORITY.— 
‘‘(1) REQUIREMENT.—The Secretary shall as-
sess and collect a fee for the issuance or renewal of 
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a recreational endorsement, that is equivalent to the 
fee established for the issuance or renewal, respec-
tively, of a fishery endorsement pursuant to section 
2110. 
‘‘(2) TREATMENT.—Fees collected under this 
subsection— 
‘‘(A) shall be credited to the account from 
which the costs of such issuance or renewal 
were paid; and 
‘‘(B) may remain available until ex-
pended.’’. 
SEC. 5411. BACKUP GLOBAL POSITIONING SYSTEM. 
(a) IN GENERAL.—Subtitle VIII of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘CHAPTER 807—POSITION, NAVIGATION, 
AND TIMING 
‘‘Sec. 
‘‘80701. Land-based complementary and backup positioning, navigation, and 
timing system. 
‘‘§ 80701. Land-based complementary and backup po-
sitioning, navigation, and timing system 
‘‘(a) ELORAN.—Subject to the availability of appro-
priations, the Secretary shall provide for the establish-
ment, sustainment, and operation of a reliable land-based 
enhanced LORAN, or eLORAN, positioning, navigation, 
and timing system. 
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‘‘(b) PURPOSE.—The purpose of the system estab-
lished under subsection (a) is to provide a complement to, 
and backup for, the Global Positioning System (in this 
section referred to as ‘GPS’) to ensure the availability of 
uncorrupted and nondegraded positioning, navigation, and 
timing signals for military and civilian users in the event 
that GPS signals are corrupted, degraded, unreliable, or 
otherwise unavailable. 
‘‘(c) REQUIREMENTS.—The system established under 
subsection (a) shall— 
‘‘(1) be wireless; 
‘‘(2) be terrestrial; 
‘‘(3) provide wide-area coverage; 
‘‘(4) transmit a precise, high-power signal in 
the 100 kilohertz spectrum and meet the one micro-
second accuracy requirement specified in the Federal 
Radio Navigation Plan; 
‘‘(5) be synchronized with coordinated universal 
time; 
‘‘(6) be resilient and extremely difficult to dis-
rupt or degrade; 
‘‘(7) be able to penetrate underground and in-
side buildings; 
‘‘(8) be capable of deployment to remote loca-
tions; 
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‘‘(9) take full advantage of the infrastructure of 
the existing, unused Coast Guard long-range naviga-
tion system (commonly known as ‘LORAN–C’), and 
subject to the concurrence and agreement of other 
agencies, unused facilities associated with the 
Ground Wave Emergency Network and Nationwide 
Differential GPS systems; 
‘‘(10) utilize and leverage the capabilities of the 
entity for development, building, and operation of 
the system; 
‘‘(11) function in an interoperable and com-
plementary manner with other similar positioning, 
navigation, and timing systems; 
‘‘(12) be made available by the Secretary for 
use by other Federal agencies for public purposes at 
no cost; and 
‘‘(13) incorporate such other requirements de-
termined necessary by the Secretary with respect to 
such agencies. 
‘‘(d) SECRETARY DEFINED.—In this section the term 
‘Secretary’ means the Secretary of Transportation, acting 
through the Commandant of the Coast Guard.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
title VIII of title 46, United States Code, is amended by 
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adding after the item relating to chapter 805 the fol-
lowing: 
‘‘807. Position, navigation, and timing .....................................80701.’’. 
(c) IMPLEMENTATION PLAN.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary, as that term is defined in the amendments made 
by this section, shall provide to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate, a plan to ensure that the 
system required under such amendments is fully oper-
ational by not later than 3 years after such date of enact-
ment. 
SEC. 5412. WATERS DEEMED NOT NAVIGABLE WATERS OF 
THE UNITED STATES FOR CERTAIN PUR-
POSES. 
For purposes of the application of subtitle II of title 
46, United States Code, to the Volunteer (Hull Number 
CCA4108), the Illinois and Michigan Canal is deemed to 
not be navigable waters of the United States. 
SEC. 5413. UNINSPECTED PASSENGER VESSELS IN ST. 
LOUIS COUNTY, MINNESOTA. 
Section 4105 of title 46, United States Code, is 
amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
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lates or threatens to violate such restrictions; 
and 
(3) within 90 days after receiving the proposed 
operational restrictions from the Commandant, the 
Secretary shall transmit such restrictions to the 
owner of Ayakulik Island; and 
(4) within 30 days after transmitting the pro-
posed operational restrictions to the owner of 
Ayakulik Island, and if the owner agrees to such re-
strictions, 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 sub-
merged 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 
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