I 
115TH CONGRESS 
1ST SESSION H. R. 2518 
To authorize appropriations for the Coast Guard for fiscal years 2018 and 
2019, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2017 
Mr. HUNTER (for himself, Mr. GARAMENDI, Mr. SHUSTER, and Mr. DEFA-
ZIO) introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
A BILL 
To authorize appropriations for the Coast Guard for fiscal 
years 2018 and 2019, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Coast Guard Authorization Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—AUTHORIZATIONS 
Sec. 101. Authorizations of appropriations. 
Sec. 102. Authorized levels of military strength and training. 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
TITLE II—COAST GUARD 
Sec. 201. Training; public safety personnel. 
Sec. 202. Commissioned service retirement. 
Sec. 203. Officer promotion zones. 
Sec. 204. Cross reference. 
Sec. 205. Repeal. 
Sec. 206. Unmanned aircraft system. 
Sec. 207. Coast Guard health-care professionals; licensure portability. 
Sec. 208. Incentive contracts for Coast Guard yard and industrial establish-
ments. 
Sec. 209. Maintaining cutters in class. 
Sec. 210. Congressional affairs; Director. 
Sec. 211. Contracting for major acquisitions programs. 
Sec. 212. National Security Cutter. 
Sec. 213. Radar refresher training. 
Sec. 214. Repeal. 
Sec. 215. Extension of authority. 
TITLE III—PORTS AND WATERWAYS SAFETY ACT 
Sec. 301. Codification of Ports and Waterways Safety Act. 
Sec. 302. Conforming amendments. 
Sec. 303. Transitional and savings provisions. 
Sec. 304. Rule of construction. 
Sec. 305. Advisory Committee: Repeal. 
TITLE IV—MARITIME TRANSPORTATION SAFETY 
Sec. 401. Clarification of logbook entries. 
Sec. 402. Technical corrections: licenses, certifications of registry, and mer-
chant mariner documents. 
Sec. 403. Numbering for undocumented barges. 
Sec. 404. Drawbridge deviation exemption. 
Sec. 405. Deadline for compliance with alternate safety compliance programs. 
Sec. 406. Authorization for marine debris program. 
Sec. 407. Alternative distress signals. 
Sec. 408. Atlantic Coast Port Access Route Study recommendations. 
Sec. 409. Documentation of recreational vessels. 
Sec. 410. Certificates of documentation for recreational vessels. 
Sec. 411. Backup global positioning system. 
Sec. 412. Waters deemed not navigable waters of the United States for certain 
purposes. 
Sec. 413. Uninspected passenger vessels in St. Louis County, Minnesota. 
Sec. 414. Engine cut-off switch requirements. 
Sec. 415. Analysis of commercial fishing vessel classification requirements. 
TITLE V—MISCELLANEOUS 
Sec. 501. Repeal. 
Sec. 502. Reimbursements for non-Federal construction costs of certain aids to 
navigation. 
Sec. 503. Corrections to provisions enacted by Coast Guard Authorization Acts. 
Sec. 504. Ship Shoal Lighthouse transfer: Repeal. 
Sec. 505. Coast Guard maritime domain awareness. 
Sec. 506. Towing safety management system fees. 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
TITLE I—AUTHORIZATIONS 
SEC. 101. 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.’’; 
(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.’’; 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
(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. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 
AND TRAINING. 
Section 2704 of title 14, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘for each of 
fiscal years 2016 and 2017’’ and inserting ‘‘for 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. 201. 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: 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
‘‘§ 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 
‘‘(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. 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
‘‘(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 
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. 202. 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. 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
SEC. 203. OFFICER PROMOTION ZONES. 
Section 256(a) of title 14, United States Code, is 
amended by striking ‘‘six-tenths.’’ and inserting ‘‘one- 
half.’’. 
SEC. 204. CROSS REFERENCE. 
Section 373(a) of title 14, United States Code, is 
amended by inserting ‘‘designated under section 371’’ 
after ‘‘cadet’’. 
SEC. 205. 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. 
SEC. 206. 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-
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
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 
‘‘(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 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
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.’’. 
(c) CONFORMING AMENDMENT.—Subsection (c) of 
section 564 of title 14, United States Code, is repealed. 
SEC. 207. 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 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
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; 
‘‘(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 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
‘‘(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, United States Code.’’. 
(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. 208. 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.—’’; 
(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 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
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. 
‘‘(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 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
‘‘(B) the remainder of the adjustment shall 
be credited to the appropriation for such order 
current at that time.’’. 
SEC. 209. 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. 210. 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: 
‘‘§ 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. 211. 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: 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
‘‘§ 580. Contracting for major acquisitions programs 
‘‘(a) IN GENERAL.—The Commandant of the Coast 
Guard may enter into contracts for major acquisition pro-
grams. 
‘‘(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. 
‘‘(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 appropriations 
for that purpose.’’. 
(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 subchapterthe following: 
‘‘580. Contracting for major acquisitions programs.’’. 
(c) CONFORMING AMENDMENTS.—The following pro-
visions are repealed: 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
(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. 212. 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 
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— 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
(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 
(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 2015 (130 Stat. 35) is repealed. 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
SEC. 213. RADAR REFRESHER TRAINING. 
Section 11.480(F) of title 46, Code of Federal Regu-
lations, as in effect immediately before the enactment of 
this Act, shall have no force or effect. 
SEC. 214. REPEAL. 
Section 676a(a) of title 14, United States Code, is 
amended— 
(1) by striking paragraph (2); 
(2) by striking ‘‘(1) IN GENERAL.—’’; 
(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. 215. 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.’’. 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
TITLE III—PORTS AND 
WATERWAYS SAFETY ACT 
SEC. 301. CODIFICATION OF PORTS AND WATERWAYS SAFE-
TY ACT. 
(a) CODIFICATION.—Subtitle VII of title 46, United 
States Code, is amended by inserting before chapter 701 
the following: 
‘‘CHAPTER 700—PORTS AND WATERWAYS 
SAFETY 
‘‘SUBCHAPTER A—VESSEL OPERATIONS 
‘‘70001. Vessel traffic services. 
‘‘70002. Special powers. 
‘‘70003. Port access routes. 
‘‘70004. Considerations by Secretary. 
‘‘70005. International agreements. 
‘‘SUBCHAPTER B—PORTS AND WATERWAYS SAFETY 
‘‘70011. Waterfront safety. 
‘‘70012. Navigational hazards. 
‘‘70013. Requirement to notify Coast Guard of release of objects into the 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. 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6211
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
‘‘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 
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. 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
‘‘(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— 
‘‘(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-
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
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 
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). 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
‘‘(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. 
‘‘(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-
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
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. 
‘‘§ 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 this chapter 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 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
‘‘(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-
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-
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
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— 
‘‘(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 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
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— 
‘‘(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. 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
‘‘(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, 
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, 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS
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. 
‘‘§ 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 
VerDate Sep 11 2014 
20:58 May 19, 2017
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H2518.IH
H2518
sradovich on DSK3GMQ082PROD with BILLS