- TXT
-
PDF
(PDF provides a complete and accurate display of this text.)
Tip
?
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-194
======================================================================
COAST GUARD AUTHORIZATION ACT OF 2017
_______
June 26, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 2518]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2518) to authorize appropriations
for the Coast Guard for fiscal years 2018 and 2019, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 25
Background and Need for Legislation.............................. 25
Hearings......................................................... 27
Legislative History and Consideration............................ 27
Committee Votes.................................................. 28
Committee Oversight Findings..................................... 28
New Budget Authority and Tax Expenditures........................ 28
Congressional Budget Office Cost Estimate........................ 28
Performance Goals and Objectives................................. 36
Advisory of Earmarks............................................. 37
Duplication of Federal Programs.................................. 37
Disclosure of Directed Rule Makings.............................. 37
Federal Mandate Statement........................................ 37
Preemption Clarification......................................... 37
Advisory Committee Statement..................................... 37
Applicability of Legislative Branch.............................. 38
Section-by-Section Analysis of Legislation....................... 38
Changes in Existing Law Made by the Bill, as Reported............ 47
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
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
establishments.
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.
Sec. 216. Authorization of amounts for Fast Response Cutters.
Sec. 217. Authorization of amounts for ice trials of icebreaker
vessels.
Sec. 218. Shoreside infrastructure.
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 merchant 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.
Sec. 507. Oil spill disbursements auditing and report.
Sec. 508. Land exchange, Ayakulik Island, Alaska.
Sec. 509. Vessel response plans in the Arctic.
Sec. 510. Assessment of public comments on additional anchorages on the
Hudson River.
Sec. 511. Public safety answering points and maritime search and rescue
coordination.
Sec. 512. Documentation of ``America's Finest''.
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.'';
(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 fiscal 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 following:
``Sec. 155. Training; public safety personnel
``(a) In General.--The Commandant may, on a reimbursable or a non-
reimbursable basis, make training available to public safety personnel
whenever the Commandant determines that--
``(1) a member of the Coast Guard, who is scheduled to
participate in such training, is unable or unavailable to
participate in such training;
``(2) no other member of the Coast Guard, who is assigned to
the unit to which the member of the Coast Guard who is unable
or unavailable to participate in such training is assigned, is
able or available to participate in such training; and
``(3) such training, if made available to such public safety
personnel, would further the goal of interoperability among
Federal agencies, non-Federal 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 reimbursements 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 personnel in the course of
training made available under this section.''.
(b) Clerical Amendment.--The analysis for chapter 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 active commissioned service required
under section 291 of title 14, United States Code, to a period of not
less than eight years.
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 following:
``Sec. 61. Unmanned aircraft system
``(a) In General.--Subject to the availability of appropriations 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 construction of the Offshore
Patrol Cutter, the Commandant--
``(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 Department of
Defense or the Department of Homeland Security,
or a component thereof, before the date on
which the Commandant acquires the system; and
``(ii) is acquired by the Commandant through
an agreement with such a department 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 unmanned 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 Department 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 beginning 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 following:
``Sec. 104. Coast Guard health-care professionals; licensure
portability
``(a) Notwithstanding any law regarding the licensure of health-care
providers, a health-care professional described in subsection (b) may
practice the health profession or professions of the health-care
professional at any location in any State, the District of Columbia, or
a Commonwealth, territory, or possession of the United States,
regardless of where such health-care professional or the patient are
located, if the practice is within the scope of the authorized Federal
duties of such health-care professional.
``(b) A health-care professional described in this subsection is an
individual--
``(1) who is--
``(A) a member of the Coast Guard;
``(B) a civilian employee of the Coast Guard;
``(C) a member of the Public Health Service who is
assigned to the Coast Guard;
``(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 medicine,
osteopathic medicine, dentistry, or another 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. 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 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 action to improve the delivery schedule
or technical performance agreed to in the order for industrial
work to which such parties initially agreed.
``(4) Notwithstanding any other provision of law, if the
industrial workforce of the Coast Guard Yard or 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. 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:
``Sec. 62. Congressional affairs; director
``The Commandant shall appoint a Director of Congressional 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 PROGRAMS.
(a) In General.--Subchapter II of chapter 15 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 580. Contracting for major acquisitions programs
``(a) In General.--The Commandant of the Coast Guard 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.
``(c) Subject to Appropriations.--Any contract entered into under
subsection (a) shall provide that any obligation of the United States
to make a payment under the contract is subject to the availability of
amounts specifically provided in advance for that purpose in subsequent
appropriations Acts.''.
(b) Clerical Amendment.--The analysis at the beginning 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 provisions are repealed:
(1) Section 223 of Public Law 113-281 (14 U.S.C. 577 note),
and the item relating to that section 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 Commandant of the Coast Guard
may not certify an eighth National Security Cutter as Ready for
Operations before the date on which the Commandant provides to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
(1) a notification of a new standard method for tracking
operational employment of Coast Guard major cutters that does
not include time during which such a cutter is away from its
homeport for maintenance or repair; and
(2) a report analyzing cost and performance for different
approaches to achieving varied levels of operational employment
using the standard method required by paragraph (1) that, at a
minimum--
(A) compares over a 30-year period the average
annualized baseline cost and performances for a
certified National Security Cutter that operated for
185 days away from homeport or an equivalent
alternative measure of operational tempo--
(i) against the cost of a 15 percent increase
in days away from homeport or an equivalent
alternative measure of operational tempo for a
National Security Cutter; and
(ii) against the cost of the acquisition and
operation of an additional National Security
Cutter; and
(B) examines the optimal level of operational
employment of National Security Cutters to balance
National Security Cutter cost and mission performance.
(b) Conforming Amendments.--
(1) Section 221(b) of the Coast Guard and Maritime
Transportation Act of 2012 (14 U.S.C. 573 note) is repealed.
(2) Section 204(c)(1) of the Coast Guard Authorization Act of
2016 (130 Stat. 35) is repealed.
SEC. 213. RADAR REFRESHER TRAINING.
Section 11.480(F) of title 46, Code of Federal Regulations, 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 ``paragraph (1)''.
SEC. 215. EXTENSION OF AUTHORITY.
Section 404 of the Coast Guard Authorization Act of 2010 (Public Law
111-281; 124 Stat. 2950) is amended--
(1) in subsection (a), in the text preceding paragraph (1),
by striking ``sections 3304, 5333, and 5753'' and inserting
``section 3304''; and
(2) in subsection (b), by striking ``2017.'' and inserting
``2021.''.
SEC. 216. AUTHORIZATION OF AMOUNTS FOR FAST RESPONSE 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 cutters acquired under
subsection (a) shall be in addition to the 58 cutters approved under
the existing acquisition baseline.
SEC. 217. AUTHORIZATION OF AMOUNTS FOR ICE TRIALS OF ICEBREAKER
VESSELS.
(a) In General.--Of the amounts authorized for fiscal 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 subsection (a) shall--
(1) assess the ability of an icebreaker vessel to carry out
the missions of the Coast Guard enumerated in section 2 of
title 14, United States Code; or
(2) conduct operational tests to produce information that
could be used in the design and acquisition of icebreaker
vessels by the Coast Guard to carry out such missions.
SEC. 218. 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 of Coast
Guard shoreside infrastructure and facilities necessary to support
Coast Guard operations and readiness.
TITLE III--PORTS AND WATERWAYS SAFETY ACT
SEC. 301. 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.
``70001. Vessel traffic services.
``70002. Special powers.
``70003. Port access routes.
``70004. Considerations by Secretary.
``70005. International agreements.
``subchapter b--ports and waterways safety
``70011. Waterfront safety.
``70012. Navigational hazards.
``70013. Requirement to notify Coast Guard of release of objects into
the navigable waters of the United States.
``subchapter c--condition for entry into ports in the united states
``70021. Conditions for entry to ports in the United States.
``subchapter d--definitions, regulations, enforcement, investigatory
powers, applicability
``70031. Definitions.
``70032. Saint Lawrence Seaway.
``70033. Limitation on application to foreign vessels.
``70034. Regulations.
``70035. Investigatory powers.
``70036. Enforcement.
``SUBCHAPTER A--VESSEL OPERATIONS
``Sec. 70001. Vessel traffic services
``(a) Subject to the requirements of section 70004, the Secretary--
``(1) in any port or place under the jurisdiction of the
United States, in the navigable waters of the United States, or
in any area covered by an international agreement negotiated
pursuant to section 70005, may construct, operate, maintain,
improve, or expand vessel traffic services, that consist of
measures for controlling or supervising vessel traffic or for
protecting navigation and the marine environment and that may
include one or more of reporting and operating requirements,
surveillance and communications systems, routing systems, and
fairways;
``(2) shall require appropriate vessels that operate in an
area of a vessel traffic service to utilize or comply with that
service;
``(3)(A) may require vessels to install and use specified
navigation equipment, communications equipment, electronic
relative motion analyzer equipment, or any electronic or other
device necessary to comply with a vessel traffic service or
that is necessary in the interests of vessel safety.
``(B) Notwithstanding subparagraph (A), the Secretary shall
not require fishing vessels under 300 gross tons as measured
under section 14502, or an alternate tonnage measured under
section 14302 as prescribed by the Secretary under section
14104, or recreational vessels 65 feet or less to possess or
use the equipment or devices required by this subsection solely
under the authority of this chapter;
``(4) may control vessel traffic in areas subject to the
jurisdiction of the United States that the Secretary determines
to be hazardous, or under conditions of reduced visibility,
adverse weather, vessel congestion, or other hazardous
circumstances, by--
``(A) specifying times of entry, movement, or
departure;
``(B) establishing vessel traffic routing schemes;
``(C) establishing vessel size, speed, or draft
limitations and vessel operating conditions; and
``(D) restricting operation, in any hazardous area or
under hazardous conditions, to vessels that have
particular operating characteristics or capabilities
that the Secretary considers necessary for safe
operation under the circumstances;
``(5) may require the receipt of prearrival messages from any
vessel, destined for a port or place subject to the
jurisdiction of the United States, in sufficient time to permit
advance vessel traffic planning before port entry, which shall
include any information that is not already a matter of record
and that the Secretary determines necessary for the control of
the vessel and the safety of the port or the marine
environment; and
``(6) may prohibit the use on vessels of electronic or other
devices that interfere with communication and navigation
equipment, except that such authority shall not apply to
electronic or other devices certified to transmit in the
maritime services by the Federal Communications Commission and
used within the frequency bands 157.1875-157.4375 MHz and
161.7875-162.0375 MHz.
``(b) Cooperative Agreements.--
``(1) In general.--The Secretary may enter into cooperative
agreements with public or private agencies, authorities,
associations, institutions, corporations, organizations, or
other persons to carry out the functions under subsection
(a)(1).
``(2) Limitation.--
``(A) A nongovernmental entity may not under this
subsection carry out an inherently governmental
function.
``(B) As used in this paragraph, the term `inherently
governmental function' means any activity that is so
intimately related to the public interest as to mandate
performance by an officer or employee of the Federal
Government, including an activity that requires either
the exercise of discretion in applying the authority of
the Government or the use of judgment in making a
decision for the Government.
``(c) Limitation of Liability for Coast Guard Vessel Traffic Service
Pilots and Non-Federal Vessel Traffic Service Operators.--
``(1) Coast guard vessel traffic service pilots.--Any pilot,
acting in the course and scope of his or her duties while at a
Coast Guard Vessel Traffic Service, who provides information,
advice, or communication assistance while under the supervision
of a Coast Guard officer, member, or employee shall not be
liable for damages caused by or related to such assistance
unless the acts or omissions of such pilot constitute gross
negligence or willful misconduct.
``(2) Non-federal vessel traffic service operators.--An
entity operating a non-Federal vessel traffic information
service or advisory service pursuant to a duly executed written
agreement with the Coast Guard, and any pilot acting on behalf
of such entity, is not liable for damages caused by or related
to information, advice, or communication assistance provided by
such entity or pilot while so operating or acting unless the
acts or omissions of such entity or pilot constitute gross
negligence or willful misconduct.
``Sec. 70002. Special powers
``The Secretary may order any vessel, in a port or place subject to
the jurisdiction of the United States or in the navigable waters of the
United States, to operate or anchor in a manner the Secretary directs
if--
``(1) the Secretary has reasonable cause to believe such
vessel does not comply with any regulation issued under 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
``(3) by reason of weather, visibility, sea conditions, port
congestion, other hazardous circumstances, or the condition of
such vessel, the Secretary is satisfied such direction is
justified in the interest of safety.
``Sec. 70003. Port access routes
``(a) Authority To Designate.--Except as provided in subsection (b)
and subject to the requirements of subsection (c), in order to provide
safe access routes for the movement of vessel traffic proceeding to or
from ports or places subject to the jurisdiction of the United States,
the Secretary shall designate necessary fairways and traffic separation
schemes for vessels operating in the territorial sea of the United
States and in high seas approaches, outside the territorial sea, to
such ports or places. Such a designation shall recognize, within the
designated area, the paramount right of navigation over all other uses.
``(b) Limitation.--
``(1) In general.--No designation may be made by the
Secretary under this section if--
``(A) the Secretary determines such a designation, as
implemented, would deprive any person of the effective
exercise of a right granted by a lease or permit
executed or issued under other applicable provisions of
law; and
``(B) such right has became vested before the time of
publication of the notice required by paragraph (1) of
subsection (c).
``(2) Consultation required.--The Secretary shall make the
determination under paragraph (1)(A) after consultation with
the head of the agency responsible for executing the lease or
issuing the permit.
``(c) Consideration of Other Uses.--Before making a designation under
subsection (a), and in accordance with the requirements of section
70004, the Secretary shall--
``(1) undertake a study of the potential traffic density and
the need for safe access routes for vessels in any area for
which fairways or traffic separation schemes are proposed or
that may otherwise be considered and publish notice of such
undertaking in the Federal Register;
``(2) in consultation with the Secretary of State, the
Secretary of the Interior, the Secretary of Commerce, the
Secretary of the Army, and the Governors of affected States, as
their responsibilities may require, take into account all other
uses of the area under consideration, including, as
appropriate, the exploration for, or exploitation of, oil, gas,
or other mineral resources, the construction or operation of
deepwater ports or other structures on or above the seabed or
subsoil of the submerged lands or the Outer Continental Shelf
of the United States, the establishment or operation of marine
or estuarine sanctuaries, and activities involving recreational
or commercial fishing; and
``(3) to the extent practicable, reconcile the need for safe
access routes with the needs of all other reasonable uses of
the area involved.
``(d) Study.--In carrying out the Secretary's responsibilities under
subsection (c), the Secretary shall--
``(1) proceed expeditiously to complete any study undertaken;
and
``(2) after completion of such a study, promptly--
``(A) issue a notice of proposed rulemaking for the
designation contemplated; or
``(B) publish in the Federal Register a notice that
no designation is contemplated as a result of the study
and the reason for such determination.
``(e) Implementation of Designation.--In connection with a
designation made under this section, the Secretary--
``(1) shall issue reasonable rules and regulations governing
the use of such designated areas, including rules and
regulations regarding the applicability of rules 9 and 10 of
the International Regulations for Preventing Collisions at Sea,
1972, relating to narrow channels and traffic separation
schemes, respectively, in waters where such regulations apply;
``(2) to the extent that the Secretary finds reasonable and
necessary to effectuate the purposes of the designation, make
the use of designated fairways and traffic separation schemes
mandatory for specific types and sizes of vessels, foreign and
domestic, operating in the territorial sea of the United States
and for specific types and sizes of vessels of the United
States operating on the high seas beyond the territorial sea of
the United States;
``(3) may, from time to time, as necessary, adjust the
location or limits of designated fairways or traffic separation
schemes in order to accommodate the needs of other uses that
cannot be reasonably accommodated otherwise, except that such
an adjustment may not, in the judgment of the Secretary,
unacceptably adversely affect the purpose for which the
existing designation was made and the need for which continues;
and
``(4) shall, through appropriate channels--
``(A) notify cognizant international organizations of
any designation, or adjustment thereof; and
``(B) take action to seek the cooperation of foreign
States in making it mandatory for vessels under their
control to use, to the same extent as required by the
Secretary for vessels of the United States, any fairway
or traffic separation scheme designated under this
section in any area of the high seas.
``Sec. 70004. Considerations by Secretary
``In carrying out the duties of the Secretary under sections 70001,
70002, and 70003, the Secretary shall--
``(1) take into account all relevant factors concerning
navigation and vessel safety, protection of the marine
environment, and the safety and security of United States ports
and waterways, including--
``(A) the scope and degree of the risk or hazard
involved;
``(B) vessel traffic characteristics and trends,
including traffic volume, the sizes and types of
vessels involved, potential interference with the flow
of commercial traffic, the presence of any unusual
cargoes, and other similar factors;
``(C) port and waterway configurations and variations
in local conditions of geography, climate, and other
similar factors;
``(D) the need for granting exemptions for the
installation and use of equipment or devices for use
with vessel traffic services for certain classes of
small vessels, such as self-propelled fishing vessels
and recreational vessels;
``(E) the proximity of fishing grounds, oil and gas
drilling and production operations, or any other
potential or actual conflicting activity;
``(F) environmental factors;
``(G) economic impact and effects;
``(H) existing vessel traffic services; and
``(I) local practices and customs, including
voluntary arrangements and agreements within the
maritime community; and
``(2) at the earliest possible time, consult with and receive
and consider the views of representatives of the maritime
community, ports and harbor authorities or associations,
environmental groups, and other persons who may be affected by
the proposed actions.
``Sec. 70005. International agreements
``(a) Transmittal of Regulations.--The Secretary shall transmit, via
the Secretary of State, to appropriate international bodies or forums,
any regulations issued under this subchapter, for consideration as
international standards.
``(b) Agreements.--The President is authorized and encouraged to--
``(1) enter into negotiations and conclude and execute
agreements with neighboring nations, to establish compatible
vessel standards and vessel traffic services, and to establish,
operate, and maintain international vessel traffic services, in
areas and under circumstances of mutual concern; and
``(2) enter into negotiations, through appropriate
international bodies, and conclude and execute agreements to
establish vessel traffic services in appropriate areas of the
high seas.
``(c) Operations.--The Secretary, pursuant to any agreement
negotiated under subsection (b) that is binding upon the United States
in accordance with constitutional requirements, may--
``(1) require vessels operating in an area of a vessel
traffic service to utilize or to comply with the vessel traffic
service, including the carrying or installation of equipment
and devices as necessary for the use of the service; and
``(2) waive, by order or regulation, the application of any
United States law or regulation concerning the design,
construction, operation, equipment, personnel qualifications,
and manning standards for vessels operating in waters over
which the United States exercises jurisdiction if such vessel
is not en route to or from a United States port or place, and
if vessels en route to or from a United States port or place
are accorded equivalent waivers of laws and regulations of the
neighboring nation, when operating in waters over which that
nation exercises jurisdiction.
``(d) Ship Reporting Systems.--The Secretary, in cooperation with the
International Maritime Organization, may implement and enforce two
mandatory ship reporting systems, consistent with international law,
with respect to vessels subject to such reporting systems entering the
following areas of the Atlantic Ocean:
``(1) Cape Cod Bay, Massachusetts Bay, and Great South
Channel (in the area generally bounded by a line starting from
a point on Cape Ann, Massachusetts at 42 deg. 39' N., 70 deg.
37' W; then northeast to 42 deg. 45' N., 70 deg. 13' W; then
southeast to 42 deg. 10' N., 68 deg. 31' W, then south to 41
deg. 00' N., 68 deg. 31' W; then west to 41 deg. 00' N., 69
deg. 17' W; then northeast to 42 deg. 05' N., 70 deg. 02' W,
then west to 42 deg. 04' N., 70 deg. 10' W; and then along the
Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay
back to the point on Cape Ann at 42 deg. 39' N., 70 deg. 37'
W).
``(2) In the coastal waters of the Southeastern United States
within about 25 nm along a 90 nm stretch of the Atlantic
seaboard (in an area generally extending from the shoreline
east to longitude 80 deg. 51.6' W with the southern and
northern boundary at latitudes 30 deg. 00' N., 31 deg. 27' N.,
respectively).
``SUBCHAPTER B--PORTS AND WATERWAYS SAFETY
``Sec. 70011. Waterfront safety
``(a) In General.--The Secretary may take such action as is necessary
to--
``(1) prevent damage to, or the destruction of, any bridge or
other structure on or in the navigable waters of the United
States, or any land structure or shore area immediately
adjacent to such waters; and
``(2) protect the navigable waters and the resources therein
from harm resulting from vessel or structure damage,
destruction, or loss.
``(b) Actions Authorized.--Actions authorized by subsection (a)
include--
``(1) establishing procedures, measures, and standards for
the handling, loading, unloading, storage, stowage, and
movement on a structure (including the emergency removal,
control, and disposition) of explosives or other dangerous
articles and substances, including oil or hazardous material as
those terms are defined in section 2101;
``(2) prescribing minimum safety equipment requirements for a
structure to assure adequate protection from fire, explosion,
natural disaster, and other serious accidents or casualties;
``(3) establishing water or waterfront safety zones, or other
measures, for limited, controlled, or conditional access and
activity when necessary for the protection of any vessel,
structure, waters, or shore area; and
``(4) establishing procedures for examination to assure
compliance with the requirements prescribed under this section.
``(c) State Law.--Nothing in this section, with respect to
structures, prohibits a State or political subdivision thereof from
prescribing higher safety equipment requirements or safety standards
than those that may be prescribed by regulations under this section.
``Sec. 70012. Navigational hazards
``(a) Reporting Procedure.--The Secretary shall establish a program
to encourage fishermen and other vessel operators to report potential
or existing navigational hazards involving pipelines to the Secretary
through Coast Guard field offices.
``(b) Secretary's Response.--
``(1) Notification by the operator of a pipeline.--Upon
notification by the operator of a pipeline of a hazard to
navigation with respect to that pipeline, the Secretary shall
immediately notify Coast Guard headquarters, the Pipeline and
Hazardous Materials Safety Administration, other affected
Federal and State agencies, and vessel owners and operators in
the pipeline's vicinity.
``(2) Notification by other persons.--Upon notification by
any other person of a hazard or potential hazard to navigation
with respect to a pipeline, the Secretary shall promptly
determine whether a hazard exists, and if so shall immediately
notify Coast Guard headquarters, the Pipeline and Hazardous
Materials Safety Administration, other affected Federal and
State agencies, vessel owners and operators in the pipeline's
vicinity, and the owner and operator of the pipeline.
``(c) Pipeline Defined.--For purposes of this section, the term
`pipeline' has the meaning given the term `pipeline facility' in
section 60101(a)(18) of title 49.
``Sec. 70013. Requirement to notify Coast Guard of release of objects
into the navigable waters of the United States
``(a) Requirement.--As soon as a person has knowledge of any release
from a vessel or facility into the navigable waters of the United
States of any object that creates an obstruction prohibited under
section 10 of the Act of March 3, 1899, popularly known as the Rivers
and Harbors Appropriations Act of 1899 (33 U.S.C. 403), such person
shall notify the Secretary and the Secretary of the Army of such
release.
``(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
``Sec. 70021. Conditions for entry to ports in the United States
``(a) In General.--No vessel that is subject to chapter 37 shall
operate in the navigable waters of the United States or transfer cargo
or residue in any port or place under the jurisdiction of the United
States, if such vessel--
``(1) has a history of accidents, pollution incidents, or
serious repair problems that, as determined by the Secretary,
creates reason to believe that such vessel may be unsafe or may
create a threat to the marine environment;
``(2) fails to comply with any applicable regulation issued
under this chapter, chapter 37, or any other applicable law or
treaty;
``(3) discharges oil or hazardous material in violation of
any law of the United States or in a manner or quantities
inconsistent with any treaty to which the United States is a
party;
``(4) does not comply with any applicable vessel traffic
service requirements;
``(5) is manned by one or more officers who are licensed by a
certificating State that the Secretary has determined, pursuant
to section 9101 of title 46, does not have standards for
licensing and certification of seafarers that are comparable to
or more stringent than United States standards or international
standards that are accepted by the United States;
``(6) is not manned in compliance with manning levels as
determined by the Secretary to be necessary to insure the safe
navigation of the vessel; or
``(7) while underway, does not have at least one licensed
deck officer on the navigation bridge who is capable of clearly
understanding English.
``(b) Exceptions.--
``(1) In general.--The Secretary may allow provisional entry
of a vessel that is not in compliance with subsection (a), if
the owner or operator of such vessel proves, to the
satisfaction of the Secretary, that such vessel is not unsafe
or a threat to the marine environment, and if such entry is
necessary for the safety of the vessel or persons aboard.
``(2) Provisions not applicable.--Paragraphs (1), (2), (3),
and (4) of subsection (a) of this section shall not apply to a
vessel allowed provisional entry under paragraph (1) if the
owner or operator of such vessel proves, to the satisfaction of
the Secretary, that such vessel is no longer unsafe or a threat
to the marine environment, and is no longer in violation of any
applicable law, treaty, regulation or condition, as
appropriate.
``SUBCHAPTER D--DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY
POWERS, APPLICABILITY
``Sec. 70031. Definitions
``As used in this 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 resources thereof, and
the waters superjacent thereto; and
``(D) the recreational, economic, and scenic values
of such waters and resources.
``(2) The term `Secretary' means the Secretary of the
department in which the Coast Guard is operating, except that
such term means the Secretary of Transportation with respect to
the application of this chapter to the Saint Lawrence Seaway.
``(3) The term `navigable waters of the United States'
includes all waters of the territorial sea of the United States
as described in Presidential Proclamation No. 5928 of December
27, 1988.
``Sec. 70032. Saint Lawrence Seaway
``The authority granted to the Secretary under sections 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
Development Corporation. Any other authority granted the Secretary
under this chapter shall be delegated by the Secretary to the Saint
Lawrence Seaway Development Corporation to the extent the Secretary
determines such delegation is necessary for the proper operation of the
Saint Lawrence Seaway.
``Sec. 70033. Limitation on application to foreign vessels
``Except pursuant to international treaty, convention, or agreement,
to which the United States is a party, this chapter shall not apply to
any foreign vessel that is not destined for, or departing from, a port
or place subject to the jurisdiction of the United States and that is
in--
``(1) innocent passage through the territorial sea of the
United States; or
``(2) transit through the navigable waters of the United
States that form a part of an international strait.
``Sec. 70034. Regulations
``(a) In General.--In accordance with section 553 of title 5, the
Secretary shall issue, and may from time to time amend or repeal,
regulations necessary to implement this chapter.
``(b) Consultation.--In the exercise of the regulatory authority
under this chapter, the Secretary shall consult with, and receive and
consider the views of all interested persons, including--
``(1) interested Federal departments and agencies;
``(2) officials of State and local governments;
``(3) representatives of the maritime community;
``(4) representatives of port and harbor authorities or
associations;
``(5) representatives of environmental groups;
``(6) any other interested persons who are knowledgeable or
experienced in dealing with problems involving vessel safety,
port and waterways safety, and protection of the marine
environment; and
``(7) advisory committees consisting of all interested
segments of the public when the establishment of such
committees is considered necessary because the issues involved
are highly complex or controversial.
``Sec. 70035. Investigatory powers
``(a) Secretary.--The Secretary may investigate any incident,
accident, or act involving the loss or destruction of, or damage to,
any structure subject to this chapter, or that affects or may affect
the safety or environmental quality of the ports, harbors, or navigable
waters of the United States.
``(b) Powers.--In an investigation under this section, the Secretary
may issue subpoenas to require the attendance of witnesses and the
production of documents or other evidence relating to such incident,
accident, or act. If any person refuses to obey a subpoena, the
Secretary may request the Attorney General to invoke the aid of the
appropriate district court of the United States to compel compliance
with the subpoena. Any district court of the United States may, in the
case of refusal to obey a subpoena, issue an order requiring compliance
with the subpoena, and failure to obey the order may be punished by the
court as contempt. Witnesses may be paid fees for travel and attendance
at rates not exceeding those allowed in a district court of the United
States.
``Sec. 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
this chapter or a regulation issued under this chapter shall be
liable to the United States for a civil penalty, not to exceed
$25,000 for each violation. Each day of a continuing violation
shall constitute a separate violation. The amount of such civil
penalty shall be assessed by the Secretary, or the Secretary's
designee, by written notice. In determining the amount of such
penalty, the Secretary shall take into account the nature,
circumstances, extent, and gravity of the prohibited acts
committed and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay, and
such other matters as justice may require.
``(2) Compromise, modification, or remission.--The Secretary
may compromise, modify, or remit, with or without conditions,
any civil penalty that is subject to imposition or that has
been imposed under this section.
``(3) Failure to pay penalty.--If any person fails to pay an
assessment of a civil penalty after it has become final, the
Secretary may refer the matter to the Attorney General of the
United States, for collection in any appropriate district court
of the United States.
``(b) Criminal Penalty.--
``(1) Class d felony.--Any person who willfully and knowingly
violates this chapter or any regulation issued hereunder
commits a class D felony.
``(2) Class c felony.--Any person who, in the willful and
knowing violation of this chapter or of any regulation issued
under this chapter, uses a dangerous weapon, or engages in
conduct that causes bodily injury or fear of imminent bodily
injury to any officer authorized to enforce the provisions of
this chapter or the regulations issued under this chapter,
commits a class C felony.
``(c) In Rem Liability.--Any vessel that is used in violation of this
chapter, or any regulations issued under this chapter, shall be liable
in rem for any civil penalty assessed pursuant to subsection (a) and
may be proceeded against in the United States district court for any
district in which such vessel may be found.
``(d) Injunction.--The United States district courts shall have
jurisdiction to restrain violations of this chapter or of regulations
issued under this chapter, for cause shown.
``(e) Denial of Entry.--Except as provided in section 70021, the
Secretary may, subject to recognized principles of international law,
deny entry by any vessel that is not in compliance with this chapter or
the regulations issued under this 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 exists to believe that the
owner, operator, or individual in charge may be subject to a
penalty or fine under this section, the Secretary of the
Treasury, upon the request of the Secretary, shall with respect
to such vessel refuse or revoke any clearance required by
section 60105 of title 46.
``(2) Granting clearance refused or revoked.--Clearance
refused or revoked under this subsection may be granted upon
filing of a bond or other surety satisfactory to the
Secretary.''.
(b) Clerical Amendment.--The analysis at the beginning of such
subtitle is amended by inserting before the item relating to chapter
701 the following:
``700. Ports and Waterways Safety........................... 70001.''.
SEC. 302. CONFORMING AMENDMENTS.
(a) Electronic Charts.--
(1) Transfer of provision.--Section 4A of the Ports and
Waterways Safety Act (33 U.S.C. 1223a)--
(A) is redesignated as section 3105 of title 46,
United States Code, and transferred to appear after
section 3104 of that title; and
(B) is amended by striking subsection (b) and
inserting the following:
``(b) Limitation on Application.--Except pursuant to an international
treaty, convention, or agreement, to which the United States is a
party, this section shall not apply to any foreign vessel that is not
destined for, or departing from, a port or place subject to the
jurisdiction of the United States and that is in--
``(1) innocent passage through the territorial sea of the
United States; or
``(2) transit through the navigable waters of the United
States that form a part of an international strait.''.
(2) Clerical amendment.--The analysis at the beginning of
chapter 31 of such title is amended by adding at the end the
following:
``3105. Electronic charts.''.
(b) Port, Harbor, and Coastal Facility Security.--
(1) Transfer of provisions.--So much of section 7 of the
Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes
subsection (c) of that section is redesignated as section
70102a of title 46, United States Code, and transferred so as
to appear after section 70102 of that title.
(2) Definitions, administration, and enforcement.--Section
70102a of title 46, United States Code, as amended by paragraph
(1) of this subsection, is amended by adding at the end the
following:
``(c) Definitions, Administration, and Enforcement.--This section
shall be treated as part of chapter 700 for purposes of sections 70031,
70032, 70034, 70035, and 70036.''.
(3) Clerical amendment.--The analysis at the beginning of
chapter 701 of such title is amended by inserting after the
item relating to section 70102 the following:
``70102a. Port, harbor, and coastal facility security.''.
(c) Nondisclosure of Port Security Plans.--Subsection (c) of section
7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), as so
designated before the application of subsection (b)(1) of this
section--
(1) is redesignated as subsection (f) of section 70103 of
title 46, United States Code, and transferred so as to appear
after subsection (e) of such section; and
(2) is amended by striking ``this Act'' and inserting ``this
chapter''.
(d) Repeal.--Section 2307 of title 46, United States Code, and the
item relating to that section in the analysis at the beginning of
chapter 23 of that title, are repealed.
(e) Repeal.--The Ports and Waterways Safety Act (33 U.S.C. 1221 et
seq.), as amended by this Act, is repealed.
SEC. 303. 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 302.
(b) Cutoff Date.--The title 46 provisions replace certain provisions
of law enacted before the date of the enactment of this Act. If a law
enacted after that date amends or repeals a source provision, that law
is deemed to amend or repeal, as the case may be, the corresponding
title 46 provision. If a law enacted after that date is otherwise
inconsistent with a title 46 provision or a provision of this title,
that law supersedes the title 46 provision or provision of this title
to the extent of the inconsistency.
(c) Original Date of Enactment Unchanged.--For purposes of
determining whether one provision of law supersedes another based on
enactment later in time, a title 46 provision is deemed to have been
enacted on the date of enactment of the source provision that the title
46 provision replaces.
(d) References to Title 46 Provisions.--A reference to a title 46
provision, including a reference in a regulation, order, or other law,
is deemed to refer to the corresponding source provision.
(e) References to Source Provisions.--A reference to a source
provision, including a reference in a regulation, order, or other law,
is deemed to refer to the corresponding title 46 provision.
(f) Regulations, Orders, and Other Administrative Actions.--A
regulation, order, or other administrative action in effect under a
source provision continues in effect under the corresponding title 46
provision.
(g) Actions Taken and Offenses Committed.--An action taken or an
offense committed under a source provision is deemed to have been taken
or committed under the corresponding title 46 provision.
SEC. 304. RULE OF CONSTRUCTION.
This title, including the amendments made by this title, is intended
only to reorganize title 14, United States Code, and may not be
construed to alter--
(1) the effect of a provision of title 14, United States
Code, including any authority or requirement therein;
(2) a department or agency interpretation with respect to
title 14, United States Code; or
(3) a judicial interpretation with respect to title 14,
United States Code.
SEC. 305. ADVISORY COMMITTEE: REPEAL.
Section 18 of the Coast Guard Authorization Act of 1991 (Public Law
102-241; 105 Stat. 2213) is repealed.
TITLE IV--MARITIME TRANSPORTATION SAFETY
SEC. 401. 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 the medical treatment
provided for the injury or illness.''.
(b) Technical Amendment.--Section 11304(b) is amended by striking
``log book'' and inserting ``logbook''.
SEC. 402. TECHNICAL CORRECTIONS: LICENSES, CERTIFICATIONS OF REGISTRY,
AND MERCHANT MARINER DOCUMENTS.
Title 46, United States Code, is amended--
(1) in section 7106(b), by striking ``merchant mariner's
document,'' and inserting ``license,'';
(2) in section 7107(b), by striking ``merchant mariner's
document,'' and inserting ``certificate of registry,'';
(3) in section 7507(b)(1), by striking ``licenses or
certificates of registry'' and inserting ``merchant mariner
documents''; and
(4) in section 7507(b)(2) by striking ``merchant mariner's
document.'' and inserting ``license or certificate of
registry.''.
SEC. 403. NUMBERING FOR UNDOCUMENTED BARGES.
Section 12301(b) of title 46, United States Code, is amended--
(1) by striking ``shall'' and inserting ``may''; and
(2) by inserting ``of'' after ``barge''.
SEC. 404. DRAWBRIDGE DEVIATION EXEMPTION.
Section 5 of the Act entitled ``An Act making appropriations for the
construction, repair, and preservation of certain public works on
rivers and harbors, and for other purposes'', approved August 18, 1894
(33 U.S.C. 499), is amended by adding at the end the following new
subsection:
``(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 subject to the rule making requirements of
section 553 of title 5, United States Code.
``(2) Alternate requirements.--
``(A) Duties of secretary.--The Secretary 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 such drawbridge shall provide notice of
such a change to--
``(i) the general public, through publication
in a newspaper of general circulation;
``(ii) the Department of Transportation or
other public agency with administrative
jurisdiction over the roadway that abuts the
approach to such bridge; and
``(iii) the law enforcement organization with
jurisdiction over the roadway that abuts the
approach to such bridge.''.
SEC. 405. 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 commercial fishing
industry, may prescribe an alternative safety compliance program that
shall apply in lieu of requirements under section 4502(b), for any
category of fishing vessels, fish processing vessels, or fish tender
vessels that are--
``(A) at least 50 feet overall in length;
``(B) built before July 1, 2013; and
``(C) 25 years of age or older.
``(2) An alternative safety compliance program prescribed 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 standards 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 requirements of subsection (a) of this section,''.
SEC. 406. AUTHORIZATION FOR MARINE DEBRIS PROGRAM.
The Marine Debris Research, Prevention, and Reduction 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
(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. 407. ALTERNATIVE DISTRESS SIGNALS.
(a) Performance Standard.--Not later than one year after the date of
the enactment of this Act, the Secretary of the department in which the
Coast Guard is operating 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 subsection (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 performance
standard.
SEC. 408. ATLANTIC COAST PORT ACCESS ROUTE STUDY RECOMMENDATIONS.
Not later than 30 days after the date of the enactment of the Act,
the Commandant of the Coast Guard shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate of
action taken to carry out the recommendations contained in the final
report issued by the Atlantic Coast Port Access Route Study (ACPARS)
workgroup for which notice of availability was published March 14, 2016
(81 Fed. Reg. 13307).
SEC. 409. DOCUMENTATION OF RECREATIONAL VESSELS.
Coast Guard personnel performing nonrecreational vessel documentation
functions under subchapter II of chapter 121 of title 46, United States
Code, may perform recreational vessel documentation under section 12114
of such title in any fiscal year in which--
(1) funds available for Coast Guard operating expenses may
not be used for expenses incurred for recreational vessel
documentation;
(2) fees collected from owners of yachts and credited to such
use are insufficient to pay expenses of recreational vessel
documentation; and
(3) there is a backlog of applications for recreational
vessel documentation.
SEC. 410. CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL VESSELS.
Section 12114 of title 46, United States Code, is amended by adding
at the end the following:
``(d) Effective Period.--A recreational endorsement 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 notify the
Coast Guard of each change in the information on which the
issuance of the certificate of documentation 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
abandoned or derelict vessel.
``(f) Authority.--
``(1) Requirement.--The Secretary shall assess and collect a
fee for the issuance or renewal of a recreational endorsement,
that is equivalent to the fee established for the issuance or
renewal, respectively, 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 expended.''.
SEC. 411. BACKUP GLOBAL POSITIONING SYSTEM.
(a) In General.--Subtitle VIII of title 46, United States Code, is
amended by adding at the end the following:
``CHAPTER 807--POSITION, NAVIGATION, AND TIMING
``Sec.
``80701. Land-based complementary and backup positioning, navigation,
and timing system.
``Sec. 80701. Land-based complementary and backup positioning,
navigation, and timing system
``(a) eLORAN.--Subject to the availability of appropriations, the
Secretary shall provide for the establishment, sustainment, and
operation of a reliable land-based enhanced LORAN, or eLORAN,
positioning, navigation, and timing system.
``(b) Purpose.--The purpose of the system established 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 100 kilohertz signal and
meet the one microsecond accuracy requirement specified in the
Federal Radio Navigation Plan;
``(5) be synchronized with coordinated universal time;
``(6) be resilient and extremely difficult to disrupt or
degrade;
``(7) be able to penetrate underground and inside buildings;
``(8) be capable of deployment to remote locations;
``(9) take full advantage of the infrastructure of the
existing, unused Coast Guard long-range navigation 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 complementary 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 determined
necessary by the Secretary with respect to such agencies.
``(d) Request for Proposals.--
``(1) In general.--Under authority granted by section
93(a)(25) of title 14, United States Code, and not later than
three months after the date of enactment of this section, the
Secretary shall publish a request for proposals by non-Federal
persons for the development, building, and operation of the
system described in subsection (c).
``(2) Elements.--Proposals submitted under this subsection
shall include, at a minimum--
``(A) an eLORAN system architecture; and
``(B) a timetable for the delivery of--
``(i) a nationwide backup timing signal not
later than two years after the last date on
which proposals are accepted under the request
published under paragraph (1); and
``(ii) a nationwide position and navigation
signal not later than three years after such
date.
``(e) Selection.--Using competitive procedures similar to those
authorized under section 2667 of title 10, the Secretary may select a
proposal from proposals received in response to the request for
proposals under subsection (d).
``(f) Agreement.--
``(1) In general.--The Secretary may enter into a cooperative
agreement (as that term is used in section 6305 of title 31)
with an entity upon such terms as the Secretary determines will
carry out the purpose of the system under subsection (b).
``(2) Content.--An agreement under this subsection shall--
``(A) require the Secretary to provide the entity--
``(i) access to existing infrastructure and
facilities described in subsection (c)(9) and
provided as Government-furnished property (as
that term is defined in section 45.101 of the
Federal Acquisition Regulation, as in effect on
the date of the enactment of the Coast Guard
Authorization Act of 2017), for a minimum of 20
years;
``(ii) full use of the necessary
electromagnetic spectrum wavelength associated
with the LORAN-C system for use by the system
required under subsection (a) and provided as
such Government-furnished property; and
``(iii) approval for the reconstruction of
towers that are part of the infrastructure
described in subsection (c)(9);
``(B) specify that all necessary capital expenditures
be made by the entity;
``(C) set performance standards for the signals
transmitted by the system;
``(D) require the Secretary to monitor and ensure the
signals transmitted by the system conform to the
performance standards of the agreement and are safe for
use;
``(E) set the terms under which the Secretary has
access to such signals;
``(F) subject to any national security requirements
established by the Secretary of Defense and so long as
activities described in clauses (i) and (ii) of
subsection (B) do not interfere with the primary
purpose of providing positioning, navigation, and
timing services, allow the entity to--
``(i) market, promote, and sell eLORAN
positioning, navigation, and timing services to
commercial and noncommercial third parties; and
``(ii) generate revenue from such sale to
non-Federal third parties of communications and
other related services that result from the use
of Government facilities and spectrum provided
under this paragraph;
``(G) require the entity pay to the United States a
portion of revenue received by the entity under
subparagraph (F);
``(H) require the entity to assume all financial risk
for the completion and operational capability of the
eLORAN system and may require a performance bond from
the entity to guarantee that risk;
``(I) require the entity to assist international
organizations and foreign governments on issues related
to eLORAN and similar systems; and
``(J) include such other terms and conditions as the
Secretary determines to be necessary to carry out the
purposes of this section.
``(3) Revenue sharing requirement.--
``(A) In general.--The requirement under paragraph
(2)(G) shall require the entity to pay to the United
States an equitable share of the revenue generated by
the entity under paragraph (2)(F), in the fiscal year
following the fiscal year in which such revenue is
generated.
``(B) Amount.--The amount of such payments shall take
into account--
``(i) the capital investment by the entity to
build the system and annual costs incurred by
the entity to operate and maintain the system;
and
``(ii) the capital and operating expenses
incurred by the entity to upgrade the eLORAN
system and related systems over the effective
period of the agreement.
``(4) Effective date of risk requirement.--The requirement in
paragraph (2)(H) shall be contingent upon, and take effect
upon, the Secretary determining that the requirements under
paragraph (2)(A) have been fulfilled.
``(g) CERCLA Not Affected.--This section shall not be construed to
limit the application of or otherwise affect section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)) for Federal Government facilities described
in subsection (c)(9).
``(h) Biennial Report to Congress.--Not later than one year after the
date on which an agreement with an entity is entered into under
subsection (f), and biennially thereafter, the Secretary shall provide
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
``(1) a report on the performance and progress of the entity
in fulfilling its obligations under the agreement to build,
operate and maintain the system established under subsection
(a); and
``(2) an accounting of finances, expenses, and revenue
associated with such performance, including payments made to
the Secretary under section (f)(3).
``(i) Definitions.--In this section:
``(1) The term `entity' means a non-Federal entity whose
proposal is selected under subsection (e).
``(2) The term `Secretary' means the Secretary of
Transportation, acting through the Commandant of the Coast
Guard.''.
(b) Clerical Amendment.--The analysis for subtitle VIII of title 46,
United States Code, is amended by adding after the item relating to
chapter 805 the following:
``807. Position, navigation, and timing..................... 80701.''.
(c) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, as that term is defined in
the amendments made by this section, shall provide to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate, a
plan to ensure that the system required under such amendments is fully
operational by not later than 3 years after such date of enactment.
SEC. 412. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED STATES FOR
CERTAIN PURPOSES.
For purposes of the application of subtitle II of title 46, United
States Code, to the Volunteer (Hull Number CCA4108), the Illinois and
Michigan Canal is deemed to not be navigable waters of the United
States.
SEC. 413. UNINSPECTED PASSENGER VESSELS IN ST. LOUIS COUNTY, MINNESOTA.
Section 4105 of title 46, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) In applying this title with respect to an uninspected vessel of
less than 25 feet overall in length that carries passengers on Crane
Lake or waters contiguous to such lake in St. Louis County, Minnesota,
the Secretary shall substitute `12 passengers' for `6 passengers' each
place it appears in section 2101(42).''.
SEC. 414. ENGINE CUT-OFF SWITCH REQUIREMENTS.
(a) Installation Requirement.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the department in which
the Coast Guard is operating shall issue a regulation amending
part 183 of title 33, Code of Federal Regulations, that
requires associated equipment manufacturers, distributors, and
dealers installing propulsion machinery and associated starting
controls on a recreational vessel less than 26 feet overall in
length and capable of developing at least 115 pounds of static
thrust or 3 horsepower to install an engine cut-off switch in
compliance with American Boat and Yacht Standard A-33.
(2) Effective date.--The regulation shall take effect at the
end of the 1-year period beginning on the date of the issuance
of such regulation.
(b) Definitions.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall issue a regulation amending part 175 and
part 183 of title 33, Code of Federal Regulations, that--
(1) defines the term ``engine cut-off switch'' for purposes
of that part to mean a mechanical or electronic device that is
connected to propulsion machinery of a recreational vessel less
than 26 feet overall in length that will stop propulsion if--
(A) the switch is not properly connected to the
propulsion machinery; or
(B) the switch components are--
(i) submerged in water; or
(ii) separated from the propulsion machinery
by a predetermined distance; and
(2) defines the term ``engine cut-off switch link'' for
purposes of that part to mean equipment that--
(A) is attached to as recreational vessel operator;
and
(B) activates the engine cut-off switch.
(c) Education on Cut-Off Switches.--The Commandant of the Coast
Guard, through the National Boating Safety Advisory Council established
under section 13110 of title 46, United States Code, may initiate a
boating safety program on the use and benefits of cut-off switches for
recreational vessels.
SEC. 415. ANALYSIS OF COMMERCIAL FISHING VESSEL CLASSIFICATION
REQUIREMENTS.
(a) Analysis.--Not later than 180 days after the date of the
enactment of this Act, the Commandant of the Coast Guard shall notify
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the status of the implementation of the
survey and classification requirements referred to in section 4503 of
title 46, United States Code.
(b) Contents.--The analysis required under subsection (a) shall
include information on--
(1) the average costs to vessel owners to comply with such
section; and
(2) the impact such section is having on commercial fishing
vessel safety.
TITLE V--MISCELLANEOUS
SEC. 501. REPEAL.
Subsection (h) of section 888 of the Homeland Security Act of 2002 (6
U.S.C. 468) is repealed.
SEC. 502. REIMBURSEMENTS FOR NON-FEDERAL CONSTRUCTION COSTS OF CERTAIN
AIDS TO NAVIGATION.
(a) In General.--Subject to the availability of amounts specifically
provided in advance in subsequent appropriations Acts and in accordance
with this section, the Commandant of the Coast Guard may reimburse a
non-Federal entity for costs incurred by the entity for a covered
project.
(b) Conditions.--The Commandant may not provide reimbursement under
subsection (a) with respect to a covered project unless--
(1) the need for the project is a result of the completion of
construction with respect to a federally authorized navigation
channel;
(2) the Commandant determines, through an appropriate
navigation safety analysis, that the project is necessary to
ensure safe marine transportation;
(3) the Commandant approves the design of the project to
ensure that it meets all applicable Coast Guard aids-to-
navigation standards and requirements;
(4) the non-Federal entity agrees to transfer the project
upon completion to the Coast Guard for operation and
maintenance by the Coast Guard as a Federal aid to navigation;
(5) the non-Federal entity carries out the project in
accordance with the same laws and regulations that would apply
to the Coast Guard if the Coast Guard carried out the project,
including obtaining all permits required for the project under
Federal and State law; and
(6) the Commandant determines that the project satisfies such
additional requirements as may be established by the
Commandant.
(c) Limitations.--Reimbursements under subsection (a) may not exceed
the following:
(1) For a single covered project, $5,000,000.
(2) For all covered projects in a single fiscal year,
$5,000,000.
(d) Expiration.--The authority granted under this section shall
expire on the date that is 4 years after the date of enactment of this
section.
(e) Covered Project Defined.--In this section, the term ``covered
project'' means a project carried out by a non-Federal entity to
construct and establish an aid to navigation that facilitates safe and
efficient marine transportation on a Federal navigation project
authorized by title I of the Water Resources Development Act of 2007
(Public Law 110-114).
SEC. 503. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD
AUTHORIZATION ACTS.
Section 604(b) of the Howard Coble Coast Guard and Maritime
Transportation Act of 2014 (Public Law 113-281; 128 Stat. 3061) is
amended by inserting ``and fishery endorsement'' after ``endorsement''.
SEC. 504. SHIP SHOAL LIGHTHOUSE TRANSFER: REPEAL.
Effective January 1, 2021, section 27 of the Coast Guard
Authorization Act of 1991 (Public Law 102-241; 105 Stat. 2218) is
repealed.
SEC. 505. COAST GUARD MARITIME DOMAIN AWARENESS.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall seek to enter into an arrangement with the
National Academy of Sciences not later than 60 days after the date of
the enactment of this Act under which the Academy shall prepare an
assessment of available unmanned, autonomous, or remotely controlled
maritime domain awareness technologies for use by the Coast Guard.
(b) Assessment.--The assessment shall--
(1) describe the potential limitations of current and
emerging unmanned technologies used in the maritime domain
for--
(A) ocean observation;
(B) vessel monitoring and identification;
(C) weather observation;
(D) to the extent practicable for consideration by
the Academy, intelligence gathering, surveillance, and
reconnaissance; and
(E) communications;
(2) examine how technologies described in paragraph (1) can
help prioritize Federal investment by examining;
(A) affordability, including acquisition, operations,
and maintenance;
(B) reliability;
(C) versatility;
(D) efficiency; and
(E) estimated service life and persistence of effort;
and
(3) analyze whether the use of new and emerging maritime
domain awareness technologies can be used to--
(A) carry out Coast Guard missions at lower costs;
(B) expand the scope and range of Coast Guard
maritime domain awareness;
(C) allow the Coast Guard to more efficiently and
effectively allocate Coast Guard vessels, aircraft, and
personnel; and
(D) identify adjustments that would be necessary in
Coast Guard policies, procedures, and protocols to
incorporate unmanned technologies to enhance
efficiency.
(c) Report to Congress.--Not later than 1 year after entering into an
agreement with the Secretary under subsection (a), National Academy of
Science shall submit the assessment prepared under this section to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(d) Use of Information.--In formulating costs pursuant to subsection
(b), the National Academy of Sciences may utilize information from
other Coast Guard reports, assessments, or analyses regarding existing
Coast Guard manpower requirements or other reports, assessments, or
analyses for the acquisition of unmanned, autonomous, or remotely
controlled technologies by the Federal Government.
SEC. 506. TOWING SAFETY MANAGEMENT SYSTEM FEES.
(a) Review.--The Commandant of the Coast Guard shall--
(1) review and compare the costs to the Government of--
(A) towing vessel inspections performed by the Coast
Guard; and
(B) such inspections performed by a third party; and
(2) based on such review and comparison, determine whether
the costs to the Government of such inspections performed by a
third party are different than the costs to the Government of
such inspections performed by the Coast Guard.
(b) Revision of Fees.--If the Commandant determines under subsection
(a) that the costs to the Government of such inspections performed by a
third party are different than the costs to the Government of such
inspections performed by the Coast Guard, then the Commandant shall
revise the fee assessed by the Coast Guard for such inspections as
necessary to conform to the requirements under section 9701 of title
31, United States Code, that such fee be based on the cost to the
Government of such inspections and accurately reflect such costs.
SEC. 507. OIL SPILL DISBURSEMENTS AUDITING AND REPORT.
Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is
amended--
(1) by repealing subsection (g);
(2) in subsection (l)(1), by striking ``Within one year after
the date of enactment of the Coast Guard Authorization Act of
2010, and annually thereafter,'' and inserting ``Each year, on
the date on which the President submits to Congress a budget
under section 1105 of title 31, United States Code,''; and
(3) by amending subsection (l)(2) to read as follows:
``(2) Contents.--The report shall include--
``(A) a list of each incident that--
``(i) occurred in the preceding fiscal year;
and
``(ii) resulted in disbursements from the
Fund, for removal costs and damages, totaling
$500,000 or more;
``(B) a list of each incident that--
``(i) occurred in the fiscal year preceding
the preceding fiscal year; and
``(ii) resulted in disbursements from the
Fund, for removal costs and damages, totaling
$500,000 or more; and
``(C) an accounting of any amounts reimbursed to the
Fund in the preceding fiscal year that were recovered
from a responsible party for an incident that resulted
in disbursements from the Fund, for removal costs and
damages, totaling $500,000 or more.''.
SEC. 508. LAND EXCHANGE, AYAKULIK ISLAND, ALASKA.
(a) Land Exchange.--If the owner of Ayakulik Island, Alaska, offers
to exchange the Island for the Tract--
(1) within 30 days after receiving such offer, the Secretary
shall provide notice of the offer to the Commandant;
(2) within 30 days after receiving the notice under paragraph
(1), the Commandant shall develop and transmit to the Secretary
proposed operational restrictions on commercial activity
conducted on the Tract, including the right of the Commandant
to--
(A) order the immediate termination, for a period of
up to 72 hours, of any activity occurring on or from
the Tract that violates or threatens to violate one or
more of such restrictions; or
(B) commence a civil action for appropriate relief,
including a permanent or temporary injunction enjoining
the activity that violates or threatens to violate such
restrictions; and
(3) within 30 days after receiving the proposed operational
restrictions from the Commandant, the Secretary shall transmit
such restrictions to the owner of Ayakulik Island; and
(4) within 30 days after transmitting the proposed
operational restrictions to the owner of Ayakulik Island, and
if the owner agrees to such restrictions, the Secretary shall
convey all right, title and interest of the United States in
and to the Tract to the owner, subject to an easement granted
to the Commandant to enforce such restrictions, in exchange for
all right, title and interest of such owner in and to Ayakulik
Island.
(b) Boundary Revisions.--The Secretary may make technical and
conforming revisions to the boundaries of the Tract before the date of
the exchange.
(c) Public Land Order.--Effective on the date of an exchange under
subsection (a), Public Land Order 5550 shall have no force or effect
with respect to submerged lands that are part of the Tract.
(d) Failure to Timely Respond to Notice.--If the Commandant does not
transmit proposed operational restrictions to the Secretary within 30
days after receiving the notice under subsection (a)(1), the Secretary
shall, by not later than 60 days after transmitting such notice, convey
all right, title, and interest of the United States in and to the Tract
to the owner of Ayakulik Island in exchange for all right, title, and
interest of such owner in and to Ayakulik Island.
(e) CERCLA Not Affected.--This section and an exchange under this
section shall not be construed to limit the application of or otherwise
affect section 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
(f) Definitions.--In this section:
(1) Commandant.--The term ``Commandant'' means the Secretary
of the department in which the Coast Guard is operating, acting
through the Commandant of the Coast Guard.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Tract.--The term ``Tract'' means the land (including
submerged land) depicted as ``PROPOSED PROPERTY EXCHANGE AREA''
on the survey titled ``PROPOSED PROPERTY EXCHANGE PARCEL'' and
dated 3/22/17.
SEC. 509. VESSEL RESPONSE PLANS IN THE ARCTIC.
(a) Amendments to the Oil Pollution Act of 1990.--
(1) In general.--Title V of the Oil Pollution Act of 1990 (33
U.S.C. 2731 et seq.) is amended by adding at the end the
following:
``SEC. 5009. VESSEL RESPONSE PLANS IN THE ARCTIC.
``The Secretary of the department in which the Coast Guard is
operating may not approve a vessel response plan under section
311(j)(5) of the Federal Water Pollution Control Act for a vessel
operating in any area covered by the Captain of the Port Zone, as
established by the Secretary, that includes the Arctic (as defined in
section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C.
4111)), unless the Secretary verifies that--
``(1) all equipment required to be available for response
under the plan has been tested and proven capable of operating
in the environment in which it is intended to be operated, as
determined by the Secretary; and
``(2) the oil spill removal organization identified in the
vessel response plan under section 311(j)(5) of the Federal
Water Pollution Control Act--
``(A) has records of training for equipment
operators; and
``(B) conducts a full equipment deployment exercise
in the area covered by the vessel response plan at
least once every 3 years, except that the Secretary may
waive a required full equipment deployment exercise,
upon request of the organization, if the organization
implemented the vessel response plan (including the
deployment of equipment and operators) during the
preceding 3 years in response to a discharge or
substantial threat of a discharge of oil.''.
(2) Clerical amendment.--The table of contents in section 2
of the Oil Pollution Act of 1990 is amended by inserting after
the item relating to section 5007 the following:
``Sec. 5008. North Pacific Marine Research Institute.
``Sec. 5009. Vessel response plans in the Arctic.''.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Commandant of the Coast Guard shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the oil spill prevention and response
capabilities available for the area covered by the Captain of the Port
Zone, as established by the Secretary, that includes the Arctic (as
defined in section 112 of the Arctic Research and Policy Act of 1984
(15 U.S.C. 4111)). The report shall include--
(1) a description of equipment and assets available for
response under the vessel response plans approved for vessels
operating in the area covered by such Captain of the Port Zone;
(2) a description of the locations of such equipment and
assets, including an estimate of the time necessary to deploy
such equipment and assets;
(3) a determination regarding how effectively such equipment
and assets are distributed throughout such Captain of the Port
Zone;
(4) a determination regarding whether the ability to deploy
such equipment and assets is taken into account when measuring
the equipment and assets available;
(5) a validation of the port assessment visit process and a
verification of the response resource inventory; and
(6) a description of the resources needed by the Coast Guard
to conduct port assessments, exercises, response plan review,
and spill responses in such Captain of the Port Zone.
SEC. 510. ASSESSMENT OF PUBLIC COMMENTS ON ADDITIONAL ANCHORAGES ON THE
HUDSON RIVER.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant of the Coast Guard shall--
(1) assess the public comments received by the Coast Guard on
proposals to establish additional anchorages on the Hudson
River between Yonkers, New York, and Kingston, New York; and
(2) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on such assessment, including--
(A) a detailed summary of concerns raised in such
comments about the economic, safety, and environmental
impacts of such additional anchorages on the
communities bordering the Hudson River between Yonkers,
New York, and Kingston, New York, including impacts of
such anchorage grounds to sites listed on the National
Priorities List under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) and areas designated as critical
habitat of species listed as endangered species under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(B) the response of the Coast Guard to such concerns.
(b) Restriction.--The Commandant may not establish any of the
anchorages described in subsection (a) before the end of the 180-day
period beginning on the date of the submission of the report under
subsection (a)(2).
SEC. 511. PUBLIC SAFETY ANSWERING POINTS AND MARITIME SEARCH AND RESCUE
COORDINATION.
Not later than 180 days after the date of the enactment of this Act--
(1) the Secretary of the department in which the Coast Guard
is operating acting through the Commandant of the Coast Guard
shall review Coast Guard policies and procedures for public
safety answering points and search-and-rescue coordination with
State and local law enforcement entities in order to--
(A) further minimize the possibility of maritime 911
calls being improperly routed; and
(B) assure the Coast Guard is able to effectively
carry out the Coast Guard's maritime search and rescue
mission; and
(2) the Commandant shall formulate a national maritime public
safety answering points policy and submit a report to the
Congress on that subject.
SEC. 512. DOCUMENTATION OF ``AMERICA'S FINEST''.
Notwithstanding sections 12112 and 12113 of title 46, United States
Code, the Secretary of the department in which the Coast Guard is
operating may issue a certificate of documentation with a coastwise and
a fishery endorsement for the vessel AMERICA'S FINEST (United States
official number 1276760).
Purpose of Legislation
H.R. 2518, the Coast Guard Authorization Act of 2017,
authorizes funding for the Coast Guard for fiscal years 2018
and 2019 at levels sufficient to maintain operational readiness
and timelines for major system acquisition programs, and
includes reforms to Coast Guard authorities and regulations
governing certain maritime industries.
Background and Need for Legislation
Coast Guard
The United States Coast Guard (Coast Guard or Service) was
established on January 28, 1915, through the consolidation of
the Revenue Cutter Service (established in 1790) and the
Lifesaving Service (established in 1848). The Coast Guard later
assumed the duties of three other agencies: the Lighthouse
Service (established in 1789), the Steamboat Inspection Service
(established in 1838), and the Bureau of Navigation
(established in 1884).
Under section 2 of title 14, United States Code, the Coast
Guard has primary responsibility to enforce or assist in the
enforcement of all applicable federal laws in, under, and over
the high seas and waters subject to the jurisdiction of the
United States; to ensure safety of life and property at sea; to
protect the marine environment; to carry out icebreaking
activities; and to ensure the safety and security of vessels,
ports, waterways, and related facilities.
As one of the five Armed Services, the Coast Guard also
maintains defense readiness and may be called upon to operate
as a specialized service in the Navy upon the declaration of
war or when the President directs. The Coast Guard is composed
of approximately 40,000 military personnel, 6,400 reservists,
and 8,400 civilian employees. The Coast Guard or its
predecessors have defended the Nation in every war since 1790.
In fiscal year 2015, the Coast Guard responded to over
16,000 search and rescue cases saving over 3,500 lives.
Additionally, the Coast Guard conducted over 8,600 security
boardings of vessels entering American ports, screened over
131,000 commercial vessels entering American ports for
potential security threats, maintained over 47,000 aids to
navigation, and detained 503 smugglers carrying 107 metric tons
of cocaine.
H.R. 2518, the Coast Guard Authorization Act of 2017,
authorizes funding for the Coast Guard for the next two fiscal
years at levels necessary to carry out these missions, while
helping to replace and modernize the Coast Guard's aging assets
in a cost-effective manner, enhance oversight, and reduce
administrative inefficiencies to save taxpayer dollars.
Pursuant to section 101 of the Coast Guard Authorization
Act of 2016 (P.L. 114-120), the activities of the Coast Guard
are authorized through fiscal year 2017 at $9 billion. H.R.
2518 authorizes $9.4 and $9.6 billion in discretionary funds
for the Coast Guard for fiscal years 2018 and 2019,
respectively. Authorized increases in funding are necessary,
among other reasons, to address shortfalls in prior years
appropriations due to mandatory non-defense budget cuts imposed
under the Budget Control Act.
Investment in Coast Guard capabilities
The Committee has long held concerns about the adequacy of
capital investment in Coast Guard assets and infrastructure and
has held numerous hearings to review the status and efficiency
of acquisition programs. Enforcing federal laws in, under, over
the high seas and waters subject to the jurisdiction of the
United States is a complicated task requiring a workforce that
is highly trained in many diverse areas ranging from marine and
aviation operations to marine safety. It also requires a
substantial number of physical assets from offshore cutters and
aircraft, to buoys and shore-side facilities such as piers and
airfields. Estimates of what is required in annual Coast Guard
capital investment range from $1.5 billion to more than $2.0
billion depending on whether the goal is to maintain existing
capability, to achieve capabilities closer to those set up in
the 2005 Mission Need Statement (MNS), or to fulfill approved
acquisition programs of record. These costs are expected to
increase with the acquisition of at least one new heavy ice
breaker, and possibly, up to six new icebreakers as specified
in the Coast Guard's 2010 High Latitude Region Mission
Analysis. While acquisition costs have kept increasing,
successive administration budget requests have fallen short of
even meeting the Service's minimum operational and acquisition
needs, and appropriations have only been able to make up a
fraction of the shortfall. In fiscal year 2018, the
Administration requests $1.2 billion for the Coast Guard's
Acquisition, Construction, and Improvement (AC&I;) account. This
represents a cut of over $700 million, or a 37 percent cut from
fiscal year 2017 enacted appropriation.
H.R. 2518 authorizes the Coast Guard's AC&I; account at
$1.945 billion for each of the fiscal years 2018 and 2019,
approximately $700 million more than the Administration's
fiscal year 2018 request. The Committee believes long-term
funding at this level will allow the Coast Guard to maintain
current mission capability. However, the Committee acknowledges
that even at the level of capital funding proposed in this
authorization, certain Coast Guard missions simply will not be
done, or will be undertaken at a suboptimal operations tempo.
The Committee looks forward to continuing to work with the
Coast Guard to determine how the Service might better align
missions and assets under current budget constraints, and
identify those missions which potentially may be handled
through cooperation with other entities.
Maritime transportation
The maritime sector of our national transportation system
is essential to our economy and vital to our national security.
The Maritime industry in the United States currently employs
more than 250,000 Americans providing nearly $4.5 trillion of
economic activity annually. There are more than 40,000
commercial vessels currently flying the American flag. The vast
majority of these vessels are engaged in domestic coastwise
commerce protected under the Jones Act, moving over 106 million
passengers and $400 billion worth of goods between ports in the
United States on an annual basis. Each year, maritime industry
accounts for over $100 billion in economic output.
Additionally, maritime industry provides an indispensable
industrial and technology base necessary to support both
military and commercial shipbuilding.
H.R. 2518 also addresses matters affecting maritime
transportation. The bill promotes transit lane safety through
authorizing funding for Coast Guard marine debris activities,
implementation of the Atlantic Coast Port Access Study report,
and removes red tape and promotes improved maritime commerce by
allowing payment for construction of certain aids-to-navigation
constructed by non-federal entities. The bill also promotes
common sense regulations by updating public notice requirements
for bridge work, requires the Coast Guard to match its fees
with the cost of administrating its inspection programs, and
makes technical corrections to certain references for merchant
mariner documents, licenses and certifications of registry.
Hearings
The Subcommittee on Coast Guard and Maritime Transportation
held a hearing on March 31, 2017, on the authorization of Coast
Guard and maritime transportation programs. Testimony was heard
from the Coast Guard, the Federal Maritime Commission and the
Maritime Administration. Topics discussed included funding for
the Service, the Commission and Administration, the status of
Coast Guard acquisition programs, and maritime transportation
issues relating to the Service and each agency.
The Subcommittee on Coast Guard and Maritime Transportation
held a hearing on May 3, 2017, on maritime transportation
regulatory issues. Testimony was heard from the Coast Guard,
the American Salvage Association, and the National Response
Corporation regarding oil spill and salvage and marine
firefighting response requirements and how each response
activity is being implemented nationwide.
Legislative History and Consideration
On May 18, 2017, H.R. 2518 was introduced by Congressman
Duncan Hunter (R-CA) and cosponsored by Congressman John
Garamendi (D-CA), Congressman Bill Shuster (R-PA) and
Congressman Peter DeFazio (D-OR).
On May 24, 2017, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 2518. Mr.
Hunter offered a manager's amendment that: authorizes
appropriations for, respectively, construction of six
additional Fast Response Cutters beyond the approved program of
record, icebreaker sea trials, and to address the backlog in
shore-side infrastructure. The manager's amendment also makes
some technical changes; transfers provisions from title 33,
United States Code, to title 46, United States Code; and,
authorizes the use of cooperative agreements between the Coast
Guard and non-federal entities to develop a backup for the
Global Positioning System. Additionally, the amendment modifies
an Oil Spill Liability Trust Fund annual audit requirement;
authorizes a land exchange and a vessel response plan
verification process, both in Alaska; and requires a report on
the establishment of new anchorages in the Hudson River.
Congressman Rick Larsen (D-WA) offered on amendment to provide
a certificate of documentation, with coastwise and fishery
endorsements, to a catcher processor vessel being built in
Washington State. Congresswoman Frederica S. Wilson (D-FL)
offered an amendment regarding access to American courts for
non-citizen employees on cruise vessels and withdrew it. The
Committee ordered the bill, as amended, reported favorably to
the House by voice vote with a quorum present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R. 2518. A motion to order H.R. 2518,
as amended, reported favorably to the House was agreed to by
voice vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 2518 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 23, 2017.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2518, the Coast
Guard Authorization Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
H.R. 2518--Coast Guard Authorization Act of 2017
Summary: H.R. 2518 would authorize appropriations totaling
$19.0 billion over the 2018-2019 period for ongoing activities
of the Coast Guard (USCG). Assuming appropriation of the
specified amounts, CBO estimates that implementing the
legislation would cost $18.3 billion over the 2018-2022 period.
The bill also would authorize the Secretary of Homeland
Security to enter into a cooperative agreement with a
nonfederal entity to establish, sustain, and operate a system
to provide positioning, navigation, and timing (PNT) services
as a backup and complement to the existing Global Positioning
System (GPS). CBO estimates that enacting that provision would
increase net direct spending by $121 million over the 2018-2027
period. Enacting the bill also would affect revenues, but CBO
estimates that those changes would be insignificant.
Because enacting the bill would affect direct spending and
revenues, pay-as-you-go procedures apply. CBO estimates that
enacting H.R. 2518 would not increase net direct spending or
on-budget deficits by more than $5 billion in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 2518 would impose intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
CBO estimates that the cost of the mandates would fall below
the annual thresholds established in UMRA ($78 million for
intergovernmental mandates and $156 million for private-sector
mandates, respectively, in 2017, adjusted annually for
inflation).
Estimated cost to the Federal government: The estimated
budgetary effect of H.R. 2518 is shown in the following table.
The costs of this legislation fall within budget functions 400
(transportation), 300 (natural resources and environment), and
950 (undistributed offsetting receipts).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 2518
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2017-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................ 0 9,397 9,587 0 0 0 18,984
Estimated Outlays.................. 0 5,956 7,790 2,526 1,312 715 18,299
INCREASES IN DIRECT SPENDINGa
Estimated Budget Authority......... 0 200 0 0 -5 -4 191
Estimated Outlays.................. 0 20 40 60 45 26 191
----------------------------------------------------------------------------------------------------------------
aCBO estimates that enacting H.R. 2518 would increase net direct spending by $121 million over the 2017-2027
period.
Basis of estimate: For this estimate, CBO assumes that H.R.
2518 will be enacted late in 2017, that the authorized amounts
will be provided as specified in the bill, and that outlays
will follow historical spending patterns.
Spending subject to appropriation
H.R. 2518 would authorize appropriations totaling $9.4
billion in 2018 and $9.6 billion in 2019 for ongoing activities
of the Coast Guard. The Congress provided about $8 billion for
the agency in 2017. That amounts authorized to be appropriated
under the bill include:
$14.7 billion for operating expenses;
$3.9 billion for capital spending to acquire
and maintain mission-related vessels, aircraft,
facilities, and infrastructure;
$268 million for training reservists;
$75 million for research programs; and
$34 million for activities related to
enforcing compliance with environmental regulations.
Based on historical spending patterns for those activities,
CBO estimates that implementing those provisions would cost
$18.3 billion over the 2018-2022 period and an additional $0.7
billion after 2022.
In addition, CBO estimates that provisions of H.R. 2518
that would authorize the federal government to establish a new
PNT system could affect other discretionary spending by federal
agencies that might use it. For example, establishing such a
system could affect agencies activities and costs related to
other systems that provide signaling services. However, because
the timing and magnitude of such impacts is highly uncertain,
CBO has not included any such effects in this estimate.
Direct spending and revenues
Enacting the bill would increase net costs for developing a
PNT system, decrease offsetting receipts from future auctions
of the rights to use parts of the electromagnetic spectrum, and
make other changes that would have insignificant effects on
direct spending and revenues.
TABLE 2.--ESTIMATED CHANGES IN DIRECT SPENDING UNDER H.R. 2518
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2017-2022 2017-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Capital Spending for PNT
System:
Estimated Budget Authority. 0 200 0 0 0 0 0 0 0 0 0 200 200
Estimated Outlays.......... 0 20 40 60 50 30 0 0 0 0 0 200 200
Receipts from Revenue-Sharing
Agreements:
Estimated Budget Authority. 0 0 0 0 -5 -5 -10 -10 -15 -15 -20 -10 -80
Estimated Outlays.......... 0 0 0 0 -5 -5 -10 -10 -15 -15 -20 -10 -80
Forgone Receipts from Spectrum
Auctions:
Estimated Budget Authority. 0 0 0 0 0 1 0 0 0 0 0 1 1
Estimated Outlays.......... 0 0 0 0 0 1 0 0 0 0 0 1 1
Total Changes:
Estimated Budget 0 200 0 0 -5 -4 -10 -10 -15 -15 -20 191 121
Authority.............
Estimated Outlays...... 0 20 40 60 45 26 -10 -10 -15 -15 -20 191 121
--------------------------------------------------------------------------------------------------------------------------------------------------------
Capital spending for PNT system. The federal government
owns and operates the GPS, a satellite-based system that
provides PNT signals to devices equipped with GPS receivers.
The system currently provides continuous ``Standard Positioning
Services'' to all users worldwide free of any direct user
charges. It also provides ``Precise Positioning Services'' to
the U.S. military, federal agencies, and certain foreign
governments. Entities throughout the public and private sectors
rely heavily on GPS services for their daily operations and
continuous PNT services are widely viewed as necessary for
safeguarding critical infrastructure in the United States.
Under current law, the federal government is investigating
opportunities to develop technological capabilities to ensure
the continuity of PNT services in the event of disruptions to
GPS services.
H.R. 2518 would authorize the Secretary of Homeland
Security, in consultation with other federal agencies, to enter
into a competitively awarded agreement with a nonfederal entity
to establish and operate a land-based backup PNT system using
technology known as eLORAN (enhanced long-range aids to
navigation). The bill would specify some requirements for the
proposed system, including that it use the existing
infrastructure of the Coast Guard's LORAN-C system and provide
services to federal agencies for public purposes. (LORAN-C
provided radio navigation services throughout the 48
continental states, their coastal areas, and parts of Alaska
until the Coast Guard terminated the signal in 2010.)
The terms of any cooperative agreement entered into
pursuant to the bill--including details related to system
specifications--are uncertain and ultimately would be
determined by the Secretary, but H.R. 2518 outlines several key
requirements that would have to be included. In particular,
under such an agreement, the nonfederal entity would incur the
upfront capital expenditures necessary to establish the system,
and would have full access to (and the authority to improve)
existing LORAN-C infrastructure (and the associated
electromagnetic spectrum) for a minimum of 20 years. Subject to
national security requirements and other conditions, the entity
could market and sell PNT services to nonfederal parties, with
the requirement that it share a portion of the revenue from
such sales with the federal government.
Budgetary treatment. H.R. 2518 specifies that the private
entity chosen to develop the proposed PNT system would incur
all capital expenses related to establishing it--effectively
acting as an agent of the government. Typically in such
situations, the entity borrows money in private capital markets
to finance the project on behalf of a federal program as long
as private financiers are confident that they will be repaid--
through some form of long-term federal commitment. Under H.R.
2518, the government would commit to making federally owned
infrastructure and spectrum resources available to the
developer on a long-term basis. In addition, based on an
analysis of information from federal agencies and industry
experts, CBO expects the federal government would provide
financial support for the program--for example, through a long-
term agreement to purchase PNT services. Under the bill, the
government would effectively assume the technological and
financial risk of the project. Therefore, CBO considers the
authority in H.R. 2518 to be the equivalent of a federal
acquisition carried out by a nonfederal entity. CBO considers
such arrangements to be third-party financing and treats the
costs of those transactions as mandatory direct spending.
In CBO's view, the full cost of such long-term commitments
that obligate the government to make payments in future years
should be recorded in the budget upfront. Estimated outlays
would be spread over the period of time when capital spending
for the eLORAN system would occur, reflecting the expectation
that federal commitments would support the acquisition of an
asset that would be developed in accordance with federal
specifications to suit federal purposes.
Estimated federal costs. Because eLORAN is a relatively
mature technology, the capital costs of equipment and
associated support systems are reasonably well known. However,
the cost of establishing a PNT system under H.R. 2518 is
uncertain and would depend significantly on the system
requirements specified by the federal government, the types of
services provided, and the footprint of the service area. Based
on information from federal agencies involved in the effort to
explore potential PNT services, CBO estimates that capital
costs could range from tens of millions to hundreds of millions
of dollars. For example, we expect that the capital costs of
establishing a system to provide backup timing services within
the lower 48 states would be relatively modest because
sufficient operational infrastructure probably still exists to
support such a system. Expanding the system's capabilities to
provide positioning and navigation services could increase
costs substantially, depending on the degree of accuracy
required for such services. On the upper end, CBO expects that
the costs to make necessary investments in decommissioned
LORAN-C assets and deploy equipment to provide accurate and
reliable positioning and navigation services throughout all 50
states could total between $400 million and $500 million.
For this estimate, CBO assumes the capital costs of the PNT
system established under the bill would total about $200
million--an amount that CBO expects would support a system
capable of providing timing services throughout the lower 48
states as well as some positioning and navigation services.
(Costs could be greater depending on the degree of accuracy
that the federal government requires for positioning and
navigation services.) We expect that capital spending to deploy
that system would occur gradually, over about five years.
Receipts from revenue sharing agreements. CBO also expects
that the proposed eLORAN system would be a marketable asset
that could generate significant income from private
subscribers, particularly firms in the telecommunications,
financial, energy, and transportation sectors. H.R. 2518 would
specify that the cooperative agreement between the federal
government and the eLORAN developer require the developer to
share a portion of any proceeds it receives from commercial
subscriptions for PNT services. CBO treats the federal share of
such proceeds as offsetting receipts (which are treated as
reductions in direct spending). The timing and magnitude of
such receipts is uncertain and would depend on private firms'
interest in subscribing to PNT services. Their interest, in
turn, would depend on a variety of business-related factors,
including perceptions of their need for backup PNT services and
the cost of equipping devices to receive signals from eLORAN.
The bill would require that the revenue-sharing agreement
consider the private entity's spending for capital investments
and operating expenses. For this estimate, CBO expects that the
federal share of receipts would be relatively modest over the
10-year period covered by this estimate because the eLORAN
developer would likely retain a greater share of revenues to
recover its costs of financing the system. Taking into account
the magnitude of income from subscriptions that would be needed
to cover CBO's estimate of the developer's capital and
operating expenses, CBO estimates that receipts to the federal
government would total $80 million over the 2018-2027 period.
That estimate reflects the expectation that the federal
government's share of receipts would average between 5 percent
and 10 percent annually.
Forgone receipts from spectrum auctions. Under current law,
the radio frequencies previously used for the federally owned
LORAN-C system may be re-assigned for use by other federal
systems, allocated for public use, or made available for
commercial use through auctions conducted by the Federal
Communications Commission (FCC). H.R. 2518 would transfer the
rights to use that spectrum to the developers of the new
network at no cost. CBO estimates that forgoing receipts from
an auction of commercial licenses would reduce offsetting
receipts by about $1 million over the 2018-2022 period. That
estimate reflects trends in the value of licenses for similar
frequencies and the uncertainty surrounding the probability
that the spectrum will be auctioned for commercial use before
the FCC's auction authority expires in 2022.
Other provisions. CBO expects that enacting other
provisions of H.R. 2518 would affect direct spending and
revenues. However, based on an analysis of information from the
affected agencies about the anticipated effects of such
provisions, CBO estimates that any such changes, on net, would
be insignificant. Those provisions would:
Increase civil penalties (which are recorded
as revenues) for violations of regulations related to
the use of cut-off switches for engines used on
recreational vessels;
Permit the President to allow certain
commissioned officers of the Coast Guard to retire
after fewer years of active service;
Modify fees related to certificates of
documentation for recreational vessels and authorize
the agency to adjust fees charged for inspections of
certain towing vessels; and
Establish civil and criminal penalties for
violations of laws and regulations related to the
safety of U.S. ports and waterways.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 2518 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE ON MAY 24, 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2017-2022 2017-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact............ 0 20 40 60 45 26 -10 -10 -15 -15 -20 191 121
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 2518 would not increase net direct
spending or on-budget deficits by more than $5 billion in any
of the four consecutive 10-year periods beginning in 2028.
Intergovernmental and private-sector impact: H.R. 2518
would impose intergovernmental and private-sector mandates as
defined in UMRA. CBO estimates that the cost of the mandates
would fall below the annual thresholds established in UMRA ($78
million for intergovernmental mandates and $156 million for
private-sector mandates, respectively in 2017, adjusted
annually for inflation).
Mandates that apply to both public and private entities
Increasing the end strength of the Coast Guard. Section 102
would increase the costs of complying with existing
intergovernmental and private-sector mandates by increasing the
number of Coast Guard personnel on active-duty in 2019 relative
to currently authorized levels. Those additional personnel
would be eligible for existing protections under the
Servicemembers Civil Relief Act (SCRA).
SCRA allows servicemembers to maintain a single state of
residence for purposes of paying state and local personal
income taxes and to request deferrals for certain state and
local fees. CBO estimates that the additional cost of those
mandates on state and local governments would be small.
SCRA also requires creditors to charge no more than 6
percent interest on loans that servicemembers acquired before
they began active-duty service, and it allows courts to
temporarily stay certain civil proceedings, such as evictions,
foreclosures, and repossessions. The act also precludes
creditors from using a servicemember's personal assets to
satisfy the member's trade or business liability while he or
she is in military service. The number of active-duty
servicemembers covered by SCRA would increase by 1,500.
Servicemembers' utilization of the various provisions of the
SCRA depends on a number of uncertain factors, including how
often and how long they are deployed. However, because the
increase in the number of active-duty servicemembers covered by
SCRA would be so small, on balance CBO expects that the
incremental cost of compliance for entities in the private
sector also would be small.
Requirements on drawbridge operators. The bill would impose
an intergovernmental and private-sector mandate on drawbridge
owners or operators by requiring those entities to notify the
public of a temporary change to the operation of the drawbridge
lasting six months or less. CBO estimates that the cost of
complying with those reporting requirements would be small.
Mandates that apply to public entities only
The bill would preempt state and local laws by allowing
health-care professionals to practice in states other than
where they are licensed if they are members, employees, or
contractors of the USCG performing authorized duties. Although
the preemption would limit the application of state and local
laws, it would impose no duty on state or local governments
that would result in additional spending or a loss of revenues.
Other effects on public entities
The bill would benefit entities, such as state agencies and
local maritime authorities, by authorizing the federal
government to reimburse those entities for the costs of
constructing maritime navigation aids through federally
authorized navigation channels. The bill also would authorize
the USCG to provide training to state, local, or tribal
emergency response personnel, on a reimbursable or non-
reimbursable basis, whenever the USCG determines that USCG
staff cannot participate in scheduled trainings. Any costs
incurred by public entities under training agreements with the
USCG would result from voluntary commitments.
Mandates that apply to private entities only
The bill would impose a private-sector mandate on
manufacturers of recreational vessels by requiring the
installation of an engine cut-off switch on vessels less than
26 feet in length in accordance with an industry standard.
(Cut-off switches turn off the engine if the operator is
separated from the vessel.) Based on information from industry
sources, CBO estimates that manufacturers would only need to
install engine cut-off switches on about 5,000 vessels because
manufacturers already include such switches on most
recreational vessels covered by the mandate. On the basis of
information about the cost of engine cut-off switches, CBO
estimates that the cost of installing an engine cut-off switch
on those vessels would be less than $200,000.
Previous CBO estimate: On May 30, 2017, CBO transmitted a
cost estimate for S. 1129, the Coast Guard Authorization Act of
2017, as ordered reported by the Senate Committee on Commerce,
Science, and Transportation on May 18, 2017. Both bills would
authorize appropriations for the USCG over the 2018 and 2019
period. Our estimate of discretionary outlays under H.R. 2518
is less than under S. 1129 because H.R. 2518 would authorize
less funding.
Estimate prepared by: Federal costs: Megan Carroll and
Kathleen Gramp; Impact on state, local, and tribal governments:
Jon Sperl; Impact on the private sector: Amy Petz.
Estimate approved by: Theresa A. Gullo, Assistant Director
for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
authorize funding for the Coast Guard for fiscal years 2018 and
2019 at levels sufficient to maintain Coast Guard operational
readiness and timelines for major acquisition programs, and
includes reforms to Coast Guard authorities and regulations
governing certain maritime industries.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 2518 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rule Makings
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
the Committee finds that sections 407 and 414 of H.R. 2518
require rule makings within the meaning of section 551 of title
5, United States Code. Section 407 requires the Secretary of
the Department in which the Coast Guard is operating to issue a
performance-based rule regarding alternative distress signals.
Section 414 requires the Coast Guard to issue regulations
requiring the installation of engine cut-off switches on
certain recreational vessels.
Federal Mandate Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 2518 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No new advisory committees within the meaning of section
5(b) of the Federal Advisory Committee Act are created by this
legislation.
Applicability of Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of Legislation
Section 1. Short Title and Table of Contents
(a) Short Title--cites the short title as ``Coast Guard
Authorization Act of 2017''.
(b) Table of Contents--lists the sections of the bill.
TITLE I--AUTHORIZATIONS
Section 101. Authorization of appropriations
This section amends section 2702 of title 14, United States
Code, to authorize funding levels for the Coast Guard for
fiscal years 2018 and 2019.
Section 102. Authorized levels of military strength and training
This section amends section 2704 of title 14, United States
Code, to authorize the levels of military strength and training
for fiscal years 2018 and 2019.
TITLE II--COAST GUARD
Section 201. Training; public safety personnel
This section amends Chapter 7 of title 14, United States
Code, to add a new section 155 which will authorize the
Commandant to allow, on a reimbursable or non-reimbursable
basis, non-Coast Guard public safety personnel to participate
in training when a member of the Coast Guard is unavailable.
Public safety personnel is defined as any federal, state (or
political subdivision thereof), territorial, or tribal law
enforcement officer, firefighter, or emergency response
provider.
Section 202. Commissioned service retirement
This section allows the President to reduce the retirement
requirement of at least 10 years of active service as a
commissioned officer to eight years, for Coast Guard officers
who retire in fiscal year 2017 or 2018.
Section 203. Officer promotion zones
This section amends section 256(a) of title 14, United
States Code, to adjust the number of officers in a promotion
zone pool to account for current levels of attrition.
Section 204. Cross reference
This section amends section 373(a) of title 14, United
States Code, to insert ``designated under section 371'' after
``cadet''.
Section 205. Repeal
This section repeals section 482 of title 14, United States
Code. The Coast Guard does not use the authority for the
issuance of clothing at the time of discharge.
Section 206. Unmanned aircraft system
This section requires the Secretary of the Department in
which the Coast Guard is operating to establish a land-based
unmanned aircraft system program that would be under the
control of the Commandant of the Coast Guard. The section
limits the type of system the Commandant can acquire during any
fiscal year when funds are appropriated for Offshore Patrol
Cutter design or construction.
Section 207. Coast Guard health-care professionals; licensure
portability
This section amends Chapter 5 of title 14, United States
Code, to include a new section 104. Section 104 allows a
health-care professional to practice in any location of any
state, the District of Columbia, or a Commonwealth, territory
or possession of the United States, regardless of where the
health-care professional or patient are located, as long as the
practice is within the scope of the authorized federal duties
of such health-care professional. The health-care professionals
must have a current license to practice medicine, osteopathic
medicine, dentistry, or another health profession, and be
performing authorized duties for the Coast Guard.
Section 208. Incentive contracts for Coast Guard yard and industrial
establishments
This section amends section 648 of title 14, United States
Code, to allow the parties to an order for industrial work to
be performed by the Coast Guard Yard or a Coast Guard
industrial establishment to enter into an order or a cost-plus-
incentive-fee order. If the parties agree to one of the project
order options, an agreed-upon amount of any adjustment may be
distributed as an incentive to the wage-grade industrial
employees who complete the order.
Before entering into such order or cost-plus-incentive-fee
order, the parties must agree that the wage-grade employees of
the Coast Guard Yard or industrial establishment will take
action to improve the delivery schedule or technical
performance agreed to in the order.
If the workforce of the Coast Guard Yard or the industrial
establishment satisfies the performance target established in a
chosen order the adjustment pursuant to the agreement shall be
reduced by the agreed upon amount and distributed to the wage-
grade industrial employees and the remainder of the adjustment
credited to the appropriations for the order.
Section 209. Maintaining cutters in class
This section amends section 573(c)(3)(A) of title 14,
United States Code, to include ``and shall maintain such cutter
in class''.
Section 210. Congressional affairs; Director
This section requires the Commandant to appoint a Director
of Congressional Affairs from officers who serve in a grade
above captain.
Section 211. Contracting for major acquisition programs
This section provides the Commandant of the Coast Guard
with contracting authority for major acquisition programs.
Contracting authorities include block buy, incremental funding,
combined purchases, and multiyear contracts.
This section also makes conforming amendments to repeal
section 223 of P.L. 113-281 (14 United States Code 577 note),
section 221(a) of P.L. 113-281 (14 United States Code 573
note), and section 207 of P.L. 114-120 (14 United States Code
87 note).
Section 212. National Security Cutter
This section requires the Commandant of the Coast Guard,
before certifying an eighth National Security Cutter as Ready
for Operation, to provide a notification of a new standard
method for tracking operational employment of Coast Guard major
cutters that does not include time during which such cutter is
a way from its homeport for maintenance or repair, and a report
analyzing cost and performance for different approaches to
achieving varied levels of operational tempos to the House
Committee on Transportation and Infrastructure and the Senate
Committee on Commerce, Science, and Transportation.
This section makes conforming amendments to repeal section
221(b) of the Coast Guard and Maritime Transportation Act of
2012 and 204(c)(1) of the Coast Guard Authorization Act of
2015.
Section 213. Radar refresher training
This section removes the requirement for radar observer
refresher training. The authority of section 11.480(f) of title
46 Code of Federal Regulations, as it was in effect before the
day of enactment of this Act, would no longer have any force or
effect.
Section 214. Repeal
This section amends section 676a(a) of title 14, United
States Code, to repeal paragraph (2) removing the sunset date
and reconfigures paragraph (1).
Section 215. Extension of Authority
This section extends the authority given to the Commandant
of the Coast Guard to designate shortage category positions and
use the authorities in section 3304 of title 5, United States
Code, to recruit and appoint highly qualified people to the
positions. The authority is extended for two years, fiscal
years 2018 and 2019.
Section 216. Authorization of amounts for Fast Response Cutters
This section authorizes $165 million, within the levels
authorized in the bill, for the acquisition of six Fast
Response Cutters in addition to the 58 currently included in
the acquisition baseline. The six additional cutters shall
replace the six 110-foot cutters currently in Patrol Forces
Southwest Asia.
Section 217. Authorization of amounts for ice trials of icebreaker
vessels
This section authorizes $3 million, within the levels
authorized in the bill, for ice trials of icebreaker vessels.
Section 218. Shoreside infrastructure
This section authorizes authorization of $165 million per
year, within the levels authorized in the bill, for un-met
shore-side infrastructure needs which are now estimated to cost
$1.6 billion.
TITLE III--PORTS AND WATERWAYS SAFETY ACT
Section 301. Codification of Ports and Waterways Safety Act
This section creates a new chapter 700, Port Safety, in
title 46, United States Code. These provisions were previously
included in the Ports and Waterways Safety Act.
Section 302. Conforming amendments
This section transfers a section of the Ports and Waterways
Safety Act to section 3105 of title 46, United States Code. The
section also states that except pursuant to an international
treaty, convention, or agreement to which the United States is
a party, this section shall not apply to any foreign vessel not
destined for, or departing from, a port or place subject to the
United States. This allows the foreign vessel innocent passage
through the territorial sea of the United States or transit
through navigable waters of the United States that form a part
of an international strait.
Section 303. Transitional and savings provisions
This section defines ``source provision'' and ``Title 46
provision''. It also outlines that the transferred title 46
provisions are deemed to have been enacted on the date of
enactment of the source provision it replaces. References to
the source provisions are deemed to refer to the corresponding
title 46 provision; any regulation referencing or implementing
a source provision are deemed to refer to or implement the
corresponding title 46 provision; and any action taken or
offense committed under a source provision is deemed to have
been taken or committed under the corresponding title 46
provision.
Section 304. Rule of construction
This section explains that this title, including any
amendments, is intended to transfer provisions from the Ports
and Waterways Safety Act. It should not be construed as
altering: the effect of provisions in the Ports and Waterways
Safety Act, or any authorities or requirements in such Act; a
department or agency interpretation with respect to such Act;
or any judicial interpretation with respect to such Act.
Section 305. Advisory Committee: Repeal
This section repeals section 18 of the Coast Guard
Authorization Act of 1991.
TITLE IV--MARITIME TRANSPORTATION SAFETY
Section 401. Clarification of logbook entries
This section amends section 11304 of title 46, United
States Code, to strike ``an official logbook, which'' and
inserts ``a logbook''. It also amends subsection (b) to include
a new paragraph (3) which requires the logbook to include each
illness of, and injury to, a seaman of the vessel, the nature
of the illness or injury, and the medical treatment provided
for the injury or illness.
Section 402. Technical Corrections: licenses, certifications of
registry, and merchant mariner documents
This section clarifies terminology by amending the
following sections of title 46, United States Code: 7106(b) to
strike ``merchant mariner's document'' and insert ``license'';
section 7107(b) to strike ``merchant mariner's document'' to
insert ``certificate of registry''; section 7507(b)(1) to
strike ``licenses and certificates of registry'' and insert
``merchant mariner's documents''; and section 7507(b)(2) to
strike ``merchant mariner's document'' to insert ``license or
certificate or registry.''
Section 403. Numbering for undocumented barges
This section amends section 12301(b) of title 46 United
States Code, to strike ``shall'' and insert ``may'', thus
making the authority discretionary.
Section 404. Drawbridge deviation exemption
This section amends the Act of August 18, 1894 (33 United
States Code 499) to create an exemption for a change in
schedule that governs the opening of a drawbridge that will be
in effect for less than six months to not be subject to the
rule making requirements of section 533 of title 5, United
States Code. Instead, alternative requirements are created to
require the Coast Guard to notify each six months or less
schedule change through a notice to local mariners, broadcasts,
or another method of notice the Secretary considers
appropriate. It also requires the owner of the drawbridge to
provide notice of such schedule changes to the general public
through a newspaper of general circulation, the public office
with jurisdiction over the roadway that abuts the approach to
the bridge, and the law enforcement organization with authority
over the roadway.
Section 405. Deadline for compliance with alternate safety compliance
programs
This section amends section 4503(d)(1) of title 46, United
States Code, to allow the Secretary, in cooperation with the
commercial fishing industry, to prescribe an alternate safety
compliance program that shall apply in lieu of requirements
under section 4502(b). The alternate safety compliance program
would apply to any category of fishing vessels, fish processing
vessels, or fish tender vessels that are at least 50 feet in
overall length, built before July 1, 2013, and 25 years of age
or older.
New paragraph (2) requires the alternate safety compliance
program to apply to a vessel after the later of January 1,
2020, or the end of the three year period beginning on the date
on which the Secretary prescribes the program. In the case of a
vessel that undergoes a major conversion completed after July
1, 2013, or the date the Secretary establishes standards for
the alternate safety compliance program, upon the completion of
the conversion.
A conforming amendment is made to 4502(b) of title 46,
United States Code, by inserting ``and subject to section
4503(d),'' after ``In addition to the requirements of
subsection (a) of this section,''.
Section 406. Authorization for marine debris program
This section authorizes funding for Coast Guard marine
debris functions at $2 million and limits administrative costs
to 10 percent.
Section 407. Alternative distress signals
This section requires the Secretary of the department in
which the Coast Guard is operating, not later than one year
after the date of enactment of this Act, to issue a rule that
establishes a performance standard for distress signals. Not
later than 180 days after issuing such rule, the Secretary is
required to update the Code of Federal Regulations to authorize
the use of distress signals.
Section 408. Atlantic Coast Port Access Route Study recommendations
This section requires, not later than 30 days after the
date of enactment of this Act, the Commandant of the Coast
Guard to notify the House Committee on Transportation and
Infrastructure and the Senate Committee on Commerce, Science,
and Transportation of action taken to carry out the
recommendation contained in the final report Atlantic Coast
Port Access Route Study published March 14, 2016.
Section 409. Documentation of recreational vessels
This section would allow Coast Guard personnel performing
non-recreational vessel documentation functions to perform
recreational vessel documentation functions in any fiscal year
where there is a backlog of applications for recreational
vessel documentation, when operating expenses funds may not be
used for expenses incurred for recreational vessel
documentation, and when fees collected from owners of yachts
and credited to such use are insufficient to pay the expenses
of recreational vessel documentation.
Section 410. Certificates of documentation for recreational vessels
This section amends section 12114 of title 46, United
States Code, to make the provision allowing recreational
endorsements for a vessel to be effective for five years. This
section would have the endorsement terminate after a 30 day
period if the owner does not notify the Coast Guard of changes
in information required for the endorsement within the 30 day
window. The section does not limit the authority of a state or
local authority to take action to address abandoned and
derelict vessels. This section also authorizes the collection
of a fee for issuance of recreational vessel certificates of
documentation.
Section 411. Backup Global Positioning System
This section requires the Secretary of the Department in
which the Coast Guard is operating, in consultation with the
Secretary of Transportation, to provide for the establishment,
sustainment, and operation of a reliable land-based enhanced
LORAN, or eLORAN, positioning, navigation, and timing system.
The system would provide a compliment to, or backup for, the
Global Positioning System. It would ensure the availability of
uncorrupted and non-degraded positioning, navigation, and
timing signals for military and civilian users in the event the
global system signals are corrupted, degraded, unreliable, or
otherwise unavailable. It also authorizes the use of non-
federal entities, through cooperative agreements with the Coast
Guard, for the development of a backup system for the Global
Positioning System.
The Committee is very concerned about the lack of progress
made by the Departments of Homeland Security, Defense, and
Transportation toward the establishment of a backup system for
GPS. The disruption or failure of our nation's GPS system could
have catastrophic consequences on the safety of the
transportation system. The Committee understands there is
considerable interest in the private sector in establishing a
GPS backup system and encourages the Coast Guard to use its
existing authority to enter into a cooperative agreement with
the private sector to install and operate such a system.
Section 412. Waters deemed not navigable waters of the United States
for certain purposes
This section provides regulatory relief for the mule-
powered vessel Volunteer (Hull Number CCA4108) on the Illinois
and Michigan Canal.
Section 413. Uninspected passenger vessels in St. Louis County,
Minnesota
This section provides regulatory relief for certain
passenger vessels on Crane Lake in St. Louis County, Minnesota.
Section 414. Engine cut-off switch requirements
This section requires the Coast Guard to issue regulations
requiring the installation of engine cut-off switches, in
compliance with the American Boat and Yacht Standard A-33, on
recreational vessels less than 26 feet in overall length. The
section also allows the Coast Guard, through the National
Boating Safety Advisory Council, to initiate a boating safety
education program on the use and benefit of cut-off switches
for recreational vessels.
Section 415. Analysis of commercial fishing vessel classification
requirements
This section requires the Coast Guard to analyze the
implementation of section 4503 of title 46, United States Code,
to determine the average costs on vessel owners to comply with
section 4503 and the impact the requirements of section 4503
are having on commercial fishing safety.
TITLE V--MISCELLANEOUS
Section 501. Repeal
This section repeals subsection (h) of section 888 of the
Homeland Security Act of 2002.
Section 502. Reimbursements for non-federal construction costs of
certain private aids-to-navigation
This section would allow the Commandant, subject to
appropriations, to reimburse a non-federal entity for costs
incurred by the entity to construct and establish an aid to
navigation authorized in title I of P.L. 110-114 that
facilitates safe and efficient marine transportation on a
federally authorized navigation channel. The section provides
specific conditions under which the Commandant can reimburse an
entity, it limits reimbursements for a single project at
$5,000,000, and the authority expires four years after the date
of enactment of the bill.
Section 503. Corrections to provisions enacted by Coast Guard
Authorization Acts
This section amends section 604(b) of the Howard Coble
Coast Guard and Maritime Authorization Act of 2014 to insert
``and fishery endorsement'' after ``endorsement''.
Section 504. Ship Shoal Lighthouse transfer; Repeal
This section puts a sunset date of January 1, 2021, in
section 27 of the Coast Guard Authorization Act of 1991.
Section 505. Coast Guard maritime domain awareness
This section requires the Coast Guard to enter into an
arrangement with the National Academy of Sciences, under which
the Academy will prepare an assessment on existing and emerging
unmanned technologies that can be used by the Coast Guard in
the maritime domain for a number of Coast Guard purposes. The
Academy must also analyze how the use of new and emerging
maritime domain awareness technologies can assist the Coast
Guard to carry out its missions at lower costs, expand the
scope and range of the Service's maritime domain awareness, and
use its personnel and assets more efficiently, and identify
adjustments in any Coast Guard policies, procedures, and
protocols to incorporate these technologies.
Section 506. Towing safety management system fees
The Commandant of the Coast Guard is required to review and
compare the costs of inspections performed by the Service and
by a third party. If the Commandant determines there is a
difference in the fee costs, the Commandant is required to
revise the fee structure to conform to the requirements under
section 9701 of title 31, United States Code, that the costs of
the fees accurately reflect the costs of administering the
inspections.
Section 507. Oil spill disbursements auditing and report
This section modifies an existing Oil Spill Liability Trust
Fund audit requirement being conducted by the Government
Accountability Office and moves the requirement to the Coast
Guard to be reported through an existing report. It further
requires the Coast Guard to submit information on disbursements
from the Fund for removal costs and damages totaling more than
$500,000 to Congress.
Section 508. Land exchange, Ayakulik Island, Alaska
This section authorizes a land exchange between the owner
of the Ayakulik Island and the Secretary of the Interior. The
Secretary of the Interior would receive Ayakulik Island, a bird
rookery, for the transfer of a tract of submerged lands in
Womens Bay, Alaska. It is roughly a one-to-one acre land
exchange. The Coast Guard will be given the opportunity to
apply operational restrictions on the tract of submerged lands
to ensure they can effectively continue Service operations in
Womens Bay.
Section 509. Vessel response plans in the Arctic
This section prohibits the Secretary of the department in
which the Coast Guard is operating from approving vessel
response plans in the Alaska Captain of the Port zone that
includes the Arctic, unless certain verifications can be made.
The Secretary has to verify that equipment in a response plan
has been tested and proven capable and any oil spill removal
organization has records of training for equipment operators
and conducts an exercise at least once every three years. The
Secretary can waive the full equipment deployment exercise if
equipment was deployed in an active response. A report is
required on the assets available for a response and the
location of the equipment, among other items.
Section 510. Assessment of public comments on additional anchorages on
the Hudson River
This section requires the Commandant of the Coast Guard to
assess the public comments it received regarding the
establishment of additional anchorages on the Hudson River
between Yonkers, New York and Kingston, New York. The Service
is required to issue a report to the House Transportation and
Infrastructure Committee and the Senate Commerce, Science, and
Transportation Committee regarding concerns raised by public
comments and how the Service responded to such concerns. The
Coast Guard cannot establish new anchorages until 180 days
after submission of the report.
Section 511. Public safety answering points and maritime search and
rescue coordination.
This section requires the Secretary of the department in
which the Coast Guard is operating to review Coast Guard policy
and procedures for public safety answering points and search
and rescue coordination with State and local law enforcement
entities. The review should look to minimize the possibility
that 911 calls being improperly routed and assure the Service
can effectively carry out its maritime search and rescue
mission. The Commandant of the Coast Guard is required to
formulate a national maritime public safety answering points
policy and submit a report to Congress.
Section 512. Documentation of ``America's Finest''
This section allows the Coast Guard to issue a certificate
of documentation with a coastwise and a fishery endorsement for
the fishing vessel AMERICA'S FINEST (United States official
number 1276760).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 14, UNITED STATES CODE
* * * * * * *
PART I--REGULAR COAST GUARD
* * * * * * *
CHAPTER 3--COMPOSITION AND ORGANIZATION
Sec.
41. Grades and ratings.
* * * * * * *
61. Unmanned aircraft system.
62. Congressional Affairs; Director.
* * * * * * *
Sec. 61. Unmanned aircraft system
(a) In General.--Subject to the availability of
appropriations 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 construction
of the Offshore Patrol Cutter, the Commandant--
(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
Department of Defense or the Department
of Homeland Security, or a component
thereof, before the date on which the
Commandant acquires the system; and
(ii) is acquired by the Commandant
through an agreement with such a
department 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 unmanned
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 Department 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).
Sec. 62. Congressional affairs; director
The Commandant shall appoint a Director of Congressional
Affairs from among officers of the Coast Guard who are in a
grade above captain.
* * * * * * *
CHAPTER 5--FUNCTIONS AND POWERS
Sec.
81. Aids to navigation authorized.
* * * * * * *
104. Coast Guard health-care professionals; licensure portability.
* * * * * * *
Sec. 104. Coast Guard health-care professionals; licensure portability
(a) Notwithstanding any law regarding the licensure of
health-care providers, a health-care professional described in
subsection (b) may practice the health profession or
professions of the health-care professional at any location in
any State, the District of Columbia, or a Commonwealth,
territory, or possession of the United States, regardless of
where such health-care professional or the patient are located,
if the practice is within the scope of the authorized Federal
duties of such health-care professional.
(b) A health-care professional described in this subsection
is an individual--
(1) who is--
(A) a member of the Coast Guard;
(B) a civilian employee of the Coast Guard;
(C) a member of the Public Health Service who
is assigned to the Coast Guard;
(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
medicine, osteopathic medicine, dentistry, or
another 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.
* * * * * * *
CHAPTER 7--COOPERATION WITH OTHER AGENCIES
Sec.
141. Cooperation with other agencies, States, territories, and political
subdivisions.
* * * * * * *
155. Training; public safety personnel.
* * * * * * *
Sec. 155. Training; public safety personnel
(a) In General.--The Commandant may, on a reimbursable or a
non-reimbursable basis, make training available to public
safety personnel whenever the Commandant determines that--
(1) a member of the Coast Guard, who is scheduled to
participate in such training, is unable or unavailable
to participate in such training;
(2) no other member of the Coast Guard, who is
assigned to the unit to which the member of the Coast
Guard who is unable or unavailable to participate in
such training is assigned, is able or available to
participate in such training; and
(3) such training, if made available to such public
safety personnel, would further the goal of
interoperability among Federal agencies, non-Federal
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 reimbursements 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 personnel in
the course of training made available under this
section.
* * * * * * *
CHAPTER 11--PERSONNEL
* * * * * * *
SUBCHAPTER --OFFICERS
* * * * * * *
* * * * * * *
Sec. 256. Promotion zones
(a) Before convening a selection board to recommend officers
for promotion to any grade above lieutenant (junior grade) and
below rear admiral (lower half), the Secretary shall establish
a promotion zone for the grade to be considered. The promotion
zone for each grade shall consist of the most senior officers
of that grade on the active duty promotion list who are
eligible for consideration for promotion to the next higher
grade and who have not previously been placed in a promotion
zone for selection for promotion to the next higher grade. The
number of officers in each zone shall be determined after
considering--
(1) the needs of the service;
(2) the estimated numbers of vacancies available in
future years to provide comparable opportunity for
promotion of officers in successive year groups; and
(3) the extent to which current terms of service in
that grade conform to a desirable career promotion
pattern.
However, such number of officers shall not exceed the number to
be selected for promotion divided by [six-tenths.] one-half.
(b) Promotion zones from which officers will be selected for
promotion to the grade of rear admiral (lower half) shall be
established by the Secretary as the needs of the service
require.
* * * * * * *
SUBCHAPTER --ENLISTED MEMBERS
* * * * * * *
Sec. 373. Aviation cadets; appointment as Reserve officers
(a) An aviation cadet designated under section 371 who
fulfills the eligibility requirements of section 2003 of title
10 for designation as a naval aviator may be appointed an
ensign in the Coast Guard Reserve and designated a Coast Guard
aviator.
(b) Aviation cadets who complete their training at
approximately the same time are considered for all purposes to
have begun their commissioned service on the same date, and the
decision of the Secretary in this regard is conclusive.
* * * * * * *
CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS
Sec.
461. Remission of indebtedness.
* * * * * * *
[482. Clothing at time of discharge for good of service.]
* * * * * * *
[Sec. 482. Clothing at time of discharge for good of service
[Enlisted members discharged for bad conduct, undesirability,
unsuitability, or inaptitude may be furnished civilian
clothing, including an overcoat when necessary, the cost of
such furnished clothing not to exceed $30, per person.]
* * * * * * *
CHAPTER 15--ACQUISITIONS
SUBCHAPTER I--GENERAL PROVISIONS
Sec.
561. Acquisition directorate.
* * * * * * *
SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES
* * * * * * *
580. Contracting for major acquisitions programs.
* * * * * * *
SUBCHAPTER I--GENERAL PROVISIONS
* * * * * * *
Sec. 564. Prohibition on use of lead systems integrators
(a) In General.--
(1) Use of lead systems integrator.--The Commandant
may not use a private sector entity as a lead systems
integrator.
(2) Full and open competition.--The Commandant shall
use full and open competition for any acquisition
contract unless otherwise excepted in accordance with
Federal acquisition laws and regulations promulgated
under those laws, including the Federal Acquisition
Regulation.
(3) No effect on small business act.--Nothing in this
subsection shall be construed to supersede or otherwise
affect the authorities provided by and under the Small
Business Act (15 U.S.C. 631 et seq.).
(b) Limitation on Financial Interest in Subcontractors.--
Neither an entity performing lead systems integrator functions
for a Coast Guard acquisition nor a Tier 1 subcontractor for
any acquisition may have a financial interest in a
subcontractor below the Tier 1 subcontractor level unless--
(1) the subcontractor was selected by the prime
contractor through full and open competition for such
procurement;
(2) the procurement was awarded by an entity
performing lead systems integrator functions or a
subcontractor through full and open competition;
(3) the procurement was awarded by a subcontractor
through a process over which the entity performing lead
systems integrator functions or a Tier 1 subcontractor
exercised no control; or
(4) the Commandant has determined that the
procurement was awarded in a manner consistent with
Federal acquisition laws and regulations promulgated
under those laws, including the Federal Acquisition
Regulation.
[(c) Acquisition of Unmanned Aerial Systems.--
[(1) In general.--During any fiscal year for which
funds are appropriated for the design or construction
of the Offshore Patrol Cutter, the Commandant--
[(A) may not award a contract for design of
an unmanned aerial system for use by the Coast
Guard; and
[(B) may acquire an unmanned aerial system
only--
[(i) if such a system has been
acquired by, or has been used by, the
Department of Defense or the Department
of Homeland Security, or a component
thereof, before the date on which the
Commandant acquires the system; and
[(ii) through an agreement with such
a department or component, unless the
unmanned aerial system can be obtained
at less cost through independent
contract action.
[(2) Limitations on application.--
[(A) Small unmanned aerial systems.--The
limitations in paragraph (1)(B) do not apply to
any small unmanned aerial system that consists
of--
[(i) an unmanned aircraft weighing
less than 55 pounds on takeoff,
including all components and equipment
on board or otherwise attached to the
aircraft; and
[(ii) associated elements (including
communication links and the components
that control such aircraft) that are
required for the safe and efficient
operation of such aircraft.
[(B) Previously funded systems.--The
limitations in paragraph (1) do not apply to
the design or acquisition of an unmanned aerial
system for which funds for research,
development, test, and evaluation have been
received from the Department of Defense or the
Department of Homeland Security]
* * * * * * *
SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES
* * * * * * *
Sec. 573. Preliminary development and demonstration
(a) In General.--The Commandant shall ensure that
developmental test and evaluation, operational test and
evaluation, life-cycle cost estimates, and the development and
demonstration requirements applied by this chapter to
acquisition projects and programs are met to confirm that the
projects or programs meet the requirements identified in the
mission-analysis and affordability assessment prepared under
section 571(a)(2), the operational requirements developed under
section 572(a)(1) and the following development and
demonstration objectives:
(1) To demonstrate that the design, manufacturing,
and production solution is based upon a stable,
producible, and cost-effective product design.
(2) To ensure that the product capabilities meet
contract specifications, acceptable operational
performance requirements, and system security
requirements.
(3) To ensure that the product design is mature
enough to commit to full production and deployment.
(b) Tests and Evaluations.--
(1) In general.--The Commandant shall ensure that the
Coast Guard conducts developmental tests and
evaluations and operational tests and evaluations of a
capability or asset and the subsystems of the
capability or asset in accordance with the master plan
prepared for the capability or asset under section
572(d)(1).
(2) Use of third parties.--The Commandant shall
ensure that the Coast Guard uses independent third
parties with expertise in testing and evaluating the
capabilities or assets and the subsystems of the
capabilities or assets being acquired to conduct
developmental tests and evaluations and operational
tests and evaluations whenever the Coast Guard lacks
the capability to conduct the tests and evaluations
required by a master plan.
(3) Communication of safety concerns.--The Commandant
shall require that safety concerns identified during
developmental or operational tests and evaluations or
through independent or Government-conducted design
assessments of capabilities or assets and subsystems of
capabilities or assets to be acquired by the Coast
Guard shall be communicated as soon as practicable, but
not later than 30 days after the completion of the test
or assessment event or activity that identified the
safety concern, to the program manager for the
capability or asset and the subsystems concerned and to
the Chief Acquisition Officer.
(4) Reporting of safety concerns.--Any safety
concerns that have been reported to the Chief
Acquisition Officer for an acquisition program or
project shall be reported by the Commandant to the
appropriate congressional committees at least 90 days
before the award of any contract or issuance of any
delivery order or task order for low, initial, or full-
rate production of the capability or asset concerned if
they will remain uncorrected or unmitigated at the time
such a contract is awarded or delivery order or task
order is issued. The report shall include a
justification for the approval of that level of
production of the capability or asset before the safety
concerns are corrected or mitigated. The report shall
also include an explanation of the actions that will be
taken to correct or mitigate the safety concerns, the
date by which those actions will be taken, and the
adequacy of current funding to correct or mitigate the
safety concerns.
(5) Asset already in low, initial, or full-rate
production.--If operational test and evaluation of a
capability or asset already in low, initial, or full-
rate production identifies a safety concern with the
capability or asset or any subsystems of the capability
or asset not previously identified during developmental
or operational test and evaluation, the Commandant
shall--
(A) notify the program manager and the Chief
Acquisition Officer of the safety concern as
soon as practicable, but not later than 30 days
after the completion of the test and evaluation
event or activity that identified the safety
concern; and
(B) notify the Chief Acquisition Officer and
include in such notification--
(i) an explanation of the actions
that will be taken to correct or
mitigate the safety concern in all
capabilities or assets and subsystems
of the capabilities or assets yet to be
produced, and the date by which those
actions will be taken;
(ii) an explanation of the actions
that will be taken to correct or
mitigate the safety concern in
previously produced capabilities or
assets and subsystems of the
capabilities or assets, and the date by
which those actions will be taken; and
(iii) an assessment of the adequacy
of current funding to correct or
mitigate the safety concern in
capabilities or assets and subsystems
of the capabilities or assets and in
previously produced capabilities or
assets and subsystems.
(c) Technical Certification.--
(1) In general.--The Commandant shall ensure that any
Level 1 or Level 2 acquisition project or program is
certified by the technical authority of the Coast Guard
after review by an independent third party with
capabilities in the mission area, asset, or particular
asset component.
(2) TEMPEST testing.--The Commandant shall--
(A) cause all electronics on all aircraft,
surface, and shore capabilities and assets that
require TEMPEST certification and that are
delivered after the date of enactment of the
Coast Guard Authorization Act of 2010 to be
tested in accordance with TEMPEST standards and
communications security (comsec) standards by
an independent third party that is authorized
by the Federal Government to perform such
testing; and
(B) certify that the assets meet all
applicable TEMPEST requirements.
(3) Cutter classification.--
[(A) In general.--]The Commandant shall cause
each cutter, other than a National Security
Cutter, acquired by the Coast Guard and
delivered after the date of enactment of the
Coast Guard Authorization Act of 2010 to be
classed by the American Bureau of Shipping
before final acceptance and shall maintain such
cutter in class.
(4) Other vessels.--The Commandant shall cause the
design and construction of each National Security
Cutter, other than National Security Cutters 1, 2, and
3, to be assessed by an independent third party with
expertise in vessel design and construction
certification.
(5) Aircraft airworthiness.--The Commandant shall
cause all aircraft and aircraft engines acquired by the
Coast Guard and delivered after the date of enactment
of the Coast Guard Authorization Act of 2010 to be
assessed for airworthiness by an independent third
party with expertise in aircraft and aircraft engine
certification before final acceptance.
* * * * * * *
Sec. 580. Contracting for major acquisitions programs
(a) In General.--The Commandant of the Coast Guard 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.
(c) Subject to Appropriations.--Any contract entered into
under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract is subject
to the availability of amounts specifically provided in advance
for that purpose in subsequent appropriations Acts.
* * * * * * *
CHAPTER 17--ADMINISTRATION
* * * * * * *
Sec. 648. Accounting for industrial work
(a) In General.--The Secretary may prescribe regulations
governing accounting for industrial work, including charges for
overhead for civilian labor and for maintenance of industrial
plant and equipment, performed at the Coast Guard Yard or such
similar Coast Guard industrial establishments as he may
designate. Any orders placed for such industrial work shall be
covered by a transfer or advance of funds to cover the
estimated cost thereof, and shall be credited to such accounts
as may be necessary and established by the Secretary to carry
out the provisions of this section. Accounts so established
shall be available for materials, supplies, or equipment, and
civilian labor, including overhead and maintenance, required in
performing the work ordered. Upon completion of an order an
adjustment will be made to make the amount transferred or
advanced equal to the actual cost as computed in accordance
with the accounting regulations prescribed by the Secretary or
in accordance with subsection (b).
(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 action to
improve the delivery schedule or technical performance
agreed to in the order for industrial work to which
such parties initially agreed.
(4) Notwithstanding any other provision of law, if
the industrial workforce of the Coast Guard Yard or
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. 676a. Air facility closures
(a) Prohibition.--
[(1) In general.--]The Coast Guard may not--
[(A)] (1) close a Coast Guard air facility that was
in operation on November 30, 2014; or
[(B)] (2) retire, transfer, relocate, or deploy an
aviation asset from an air facility described in
[subparagraph (A)] paragraph (1) for the purpose of
closing such facility.
[(2) Sunset.--Paragraph (1) shall have no force or
effect beginning on the later of--
[(A) January 1, 2018; or
[ B) the date on which the Secretary submits to the
Committee on Transportation and Infrastructure of the
House of Representatives, and to the Committee on
Commerce, Science, and Transportation of the Senate,
rotary wing strategic plans prepared in accordance with
section 208(b) of the Coast Guard Authorization Act of
2016.]
(b) Closures.--
(1) In general.--Beginning on January 1, 2018, the
Secretary may not close a Coast Guard air facility,
except as specified by this section.
(2) Determinations.--The Secretary may not propose
closing or terminating operations at a Coast Guard air
facility unless the Secretary determines that--
(A) remaining search and rescue capabilities
maintain the safety of the maritime public in
the area of the air facility;
(B) regional or local prevailing weather and
marine conditions, including water temperatures
or unusual tide and current conditions, do not
require continued operation of the air
facility; and
(C) Coast Guard search and rescue standards
related to search and response times are met.
(3) Public notice and comment.--Prior to closing an
air facility, the Secretary shall provide opportunities
for public comment, including the convening of public
meetings in communities in the area of responsibility
of the air facility with regard to the proposed closure
or cessation of operations at the air facility.
(4) Notice to congress.--Prior to closure, cessation
of operations, or any significant reduction in
personnel and use of a Coast Guard air facility that is
in operation on or after December 31, 2015, the
Secretary shall--
(A) submit to the Congress a proposal for
such closure, cessation, or reduction in
operations along with the budget of the
President submitted to Congress under section
1105(a) of title 31 for the fiscal year in
which the action will be carried out; and
(B) not later than 7 days after the date a
proposal for an air facility is submitted
pursuant to subparagraph (A), provide written
notice of such proposal to each of the
following:
(i) Each member of the House of
Representatives who represents a
district in which the air facility is
located.
(ii) Each member of the Senate who
represents a State in which the air
facility is located.
(iii) Each member of the House of
Representatives who represents a
district in which assets of the air
facility conduct search and rescue
operations.
(iv) Each member of the Senate who
represents a State in which assets of
the air facility conduct search and
rescue operations.
(v) The Committee on Appropriations
of the House of Representatives.
(vi) The Committee on Transportation
and Infrastructure of the House of
Representatives.
(vii) The Committee on Appropriations
of the Senate.
(viii) The Committee on Commerce,
Science, and Transportation of the
Senate.
(c) Operational Flexibility.--The Secretary may implement any
reasonable management efficiencies within the air station and
air facility network, such as modifying the operational posture
of units or reallocating resources as necessary to ensure the
safety of the maritime public nationwide.
* * * * * * *
PART III--COAST GUARD AUTHORIZATIONS AND REPORTS TO CONGRESS
* * * * * * *
CHAPTER 27--AUTHORIZATIONS
* * * * * * *
Sec. 2702. Authorization of appropriations
Funds are authorized to be appropriated for each of [fiscal
years 2016 and 2017] fiscal years 2018 and 2019 for necessary
expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast
Guard, not otherwise provided for--
[(A) $6,981,036,000 for fiscal year 2016; and
[(B) $6,986,815,000 for fiscal year 2017.]
(A) $7,263,698,328 for fiscal year 2018; and
(B) $7,452,554,484 for fiscal year 2019.
(2) For the acquisition, construction, renovation,
and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto, and for maintenance, rehabilitation,
lease, and operation of facilities and equipment--
[(A) $1,945,000,000 for fiscal year 2016; and
[(B) $1,945,000,000 for fiscal year 2017.]
(A) $1,945,000,000 for fiscal year 2018; and
(B) $1,945,000,000 for fiscal year 2019.
(3) For the Coast Guard Reserve program, including
operations and maintenance of the program, personnel
and training costs, equipment, and services--
[(A) $140,016,000 for fiscal year 2016; and
[(B) $134,237,000 for fiscal year 2017.]
(A) $134,237,000 for fiscal year 2018; and
(B) $134,237,000 for fiscal year 2019.
(4) For the environmental compliance and restoration
functions of the Coast Guard under chapter 19 of this
title--
[(A) $16,701,000 for fiscal year 2016; and
[(B) $16,701,000 for fiscal year 2017.]
(A) $16,701,000 for fiscal year 2018; and
(B) $16,701,000 for fiscal year 2019.
(5) To the Commandant of the Coast Guard for
research, development, test, and evaluation of
technologies, materials, and human factors directly
related to improving the performance of the Coast
Guard's mission with respect to search and rescue, aids
to navigation, marine safety, marine environmental
protection, enforcement of laws and treaties, ice
operations, oceanographic research, and defense
readiness, and for maintenance, rehabilitation, lease,
and operation of facilities and equipment--
[(A) $19,890,000 for fiscal year 2016; and
[(B) $19,890,000 for fiscal year 2017.]
(A) $37,263,294 for fiscal year 2018; and
(B) $38,232,140 for fiscal year 2019.
* * * * * * *
Sec. 2704. Authorized levels of military strength and training
(a) Active Duty Strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 43,000 [for
each of fiscal years 2016 and 2017] for fiscal year 2018 and an
end-of-year strength for such personnel of 44,500 for fiscal
year 2019.
(b) Military Training Student Loads.--The Coast Guard is
authorized average military training student loads for each of
[fiscal years 2016 and 2017] fiscal years 2018 and 2019 as
follows:
(1) For recruit and special training, 2,500 student
years.
(2) For flight training, 165 student years.
(3) For professional training in military and
civilian institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
* * * * * * *
----------
PUBLIC LAW 113-281
* * * * * * *
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is the following:
* * * * * * *
TITLE II--COAST GUARD
* * * * * * *
[Sec. 223. Multiyear procurement authority for Offshore Patrol Cutters.]
* * * * * * *
TITLE II--COAST GUARD
* * * * * * *
[SEC. 223. MULTIYEAR PROCUREMENT AUTHORITY FOR OFFSHORE PATROL CUTTERS.
[In fiscal year 2015 and each fiscal year thereafter, the
Secretary of the department in which the Coast Guard is
operating may enter into, in accordance with section 2306b of
title 10, United States Code, multiyear contracts for the
procurement of Offshore Patrol Cutters and associated
equipment.]
* * * * * * *
----------
PUBLIC LAW 112-213
* * * * * * *
TITLE II--COAST GUARD
* * * * * * *
SEC. 221. NATIONAL SECURITY CUTTERS.
[(a) In General.--
[(1) Multiyear authority.--In fiscal year 2013 and
each fiscal year thereafter, the Secretary of the
department in which the Coast Guard is operating may
enter into, in accordance with section 2306b of title
10, United States Code, a multiyear contract for the
procurement of Coast Guard National Security Cutters
and Government-furnished equipment associated with the
National Security Cutter program.
[(2) Limitation.--The Secretary may not enter into a
contract under paragraph (1) until the date that is 30
days after the date the Secretary submits to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a
certification that the Secretary has made, with respect
to the contract, each of the findings specified under
section 2306b(a) of title 10, United States Code, and
has done so in accordance with paragraph (3) of this
subsection.
[(3) Determination of substantial savings.--For
purposes of this section, in conducting an analysis
with respect to substantial savings under section
2306b(a)(1) of title 10, United States Code, the
Secretary--
[(A) may not limit the analysis to a simple
percentage-based metric; and
[(B) shall employ a full-scale analysis of
cost avoidance--
[(i) based on a multiyear
procurement; and
[(ii) taking into account the
potential benefit any accrued savings
might have for future shipbuilding
programs if the cost avoidance savings
were subsequently utilized for further
ship construction.]
(b) Certificate To Operate.--The Commandant of the Coast
Guard may not certify a sixth National Security Cutter as Ready
for Operations before the Commandant has--
(1) submitted to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives program execution plans detailing--
(A) how the first 3 National Security Cutters
will achieve the goal of 225 days away from
homeport in fiscal years following the
completion of the Structural Enhancement
Drydock Availability of the first 2 National
Security Cutters; and
(B) increased aerial coverage to support
National Security Cutter operations; and
(2) awarded a contract for detailed design and
construction for the Offshore Patrol Cutter.
* * * * * * *
----------
COAST GUARD AUTHORIZATION ACT OF 2016
(Public Law 114-120)
* * * * * * *
TITLE II--COAST GUARD
* * * * * * *
SEC. 204. ACQUISITION REFORM.
(a) Minimum Performance Standards.--Section 572(d)(3) of
title 14, United States Code, is amended--
(1) by redesignating subparagraphs (C) through (H) as
subparagraphs (E) through (J), respectively;
(2) by redesignating subparagraph (B) as subparagraph
(C);
(3) by inserting after subparagraph (A) the
following:
``(B) the performance data to be used to
determine whether the key performance
parameters have been resolved;''; and
(4) by inserting after subparagraph (C), as
redesignated by paragraph (2) of this subsection, the
following:
``(D) the results during test and evaluation
that will be required to demonstrate that a
capability, asset, or subsystem meets
performance requirements;''.
(b) Capital investment plan.--Section 2902 of title 14,
United States Code, as redesignated and otherwise amended by
this Act, is further amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B), by striking
``completion;'' and inserting ``completion
based on the proposed appropriations included
in the budget;''; and
(B) in subparagraph (D), by striking ``at the
projected funding levels;'' and inserting
``based on the proposed appropriations included
in the budget;''; and
(2) by redesignating subsection (b) as subsection
(c), and inserting after subsection (a) the following:
``(b) New Capital Assets.--In the fiscal year following each
fiscal year for which appropriations are enacted for a new
capital asset, the report submitted under subsection (a) shall
include--
``(1) an estimated life-cycle cost estimate for the
new capital asset;
``(2) an assessment of the impact the new capital
asset will have on--
``(A) delivery dates for each capital asset;
``(B) estimated completion dates for each
capital asset;
``(C) the total estimated cost to complete
each capital asset; and
``(D) other planned construction or
improvement projects; and
``(3) recommended funding levels for each capital
asset necessary to meet the estimated completion dates
and total estimated costs included in the such asset's
approved acquisition program baseline.''; and
(3) by amending subsection (c), as so redesignated,
to read as follows:
``(c)Definitions.--In this section--
``(1) the term `unfunded priority' means a program or
mission requirement that--
``(A) has not been selected for funding in
the applicable proposed budget;
``(B) is necessary to fulfill a requirement
associated with an operational need; and
``(C) the Commandant would have recommended
for inclusion in the applicable proposed budget
had additional resources been available or had
the requirement emerged before the budget was
submitted; and
``(2) the term `new capital asset' means--
``(A) an acquisition program that does not
have an approved acquisition program baseline;
or
``(B) the acquisition of a capital asset in
excess of the number included in the approved
acquisition program baseline.''.
(c) Days Away From Homeport.--Not later than 1 year after the
date of the enactment of this Act, the Commandant of the Coast
Guard shall--
[(1) implement a standard for tracking operational
days at sea for Coast Guard cutters that does not
include days during which such cutters are undergoing
maintenance or repair; and]
(2) notify the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate of the standard implemented under paragraph
(1).
(d) Fixed Wing Aircraft Fleet Mix Analysis.--Not later than
September 30, 2016, the Commandant of the Coast Guard shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a revised fleet mix
analysis of Coast Guard fixed wing aircraft.
(e) Long-term Major Acquisitions Plan.--Section 2903 of title
14, United States Code, as redesignated and otherwise amended
by this Act, is further amended--
(1) by redesignating subsection (e) as subsection
(g); and
(2) by inserting after subsection (d) the following:
``(e) Long-Term Major Acquisitions Plan.--Each report under
subsection (a) shall include a plan that describes for the
upcoming fiscal year, and for each of the 20 fiscal years
thereafter--
``(1) the numbers and types of cutters and aircraft
to be decommissioned;
``(2) the numbers and types of cutters and aircraft
to be acquired to--
``(A) replace the cutters and aircraft
identified under paragraph (1); or
``(B) address an identified capability gap;
and
``(3) the estimated level of funding in each fiscal
year required to--
``(A) acquire the cutters and aircraft
identified under paragraph (2);
``(B) acquire related command, control,
communications, computer, intelligence,
surveillance, and reconnaissance systems; and
``(C) acquire, construct, or renovate
shoreside infrastructure.
``(f) Quarterly Updates on Risks of Programs.--
``(1) In general.--Not later than 15 days after the
end of each fiscal year quarter, the Commandant of the
Coast Guard shall submit to the committees of Congress
specified in subsection (a) an update setting forth a
current assessment of the risks associated with all
current major acquisition programs.
``(2) Elements.--Each update under this subsection
shall set forth, for each current major acquisition
program, the following:
``(A) The top five current risks to such
program.
``(B) Any failure of such program to
demonstrate a key performance parameter or
threshold during operational test and
evaluation conducted during the fiscal year
quarter preceding such update.
``(C) Whether there has been any decision
during such fiscal year quarter to order full-
rate production before all key performance
parameters or thresholds are met.
``(D) Whether there has been any breach of
major acquisition program cost (as defined by
the Major Systems Acquisition Manual) during
such fiscal year quarter.
``(E) Whether there has been any breach of
major acquisition program schedule (as so
defined) during such fiscal year quarter.''.
* * * * * * *
SEC. 207. POLAR ICEBREAKERS.
[(a) Incremental Funding Authority for Polar Icebreakers.--In
fiscal year 2016 and each fiscal year thereafter, the
Commandant of the Coast Guard may enter into a contract or
contracts for the acquisition of polar icebreakers and
associated equipment using incremental funding.]
(b) ``Polar Sea'' Materiel Condition Assessment and Service
Life Extension.--Section 222 of the Coast Guard and Maritime
Transportation Act of 2012 (Public Law 112-213; 126 Stat. 1560)
is amended--
(1) by amending subsection (a) to read as follows:
``(a) In general.--Not later than 1 year after the date of
the enactment of the Coast Guard Authorization Act of 2016, the
Secretary of the department in which the Coast Guard is
operating shall--
``(1) complete a materiel condition assessment with
respect to the Polar Sea;
``(2) make a determination of whether it is cost
effective to reactivate the Polar Sea compared with
other options to provide icebreaking services as part
of a strategy to maintain polar icebreaking services;
and
``(3) submit to the Committee on Transportation and
Infrastructure and the Committee on Science, Space, and
Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate--
``(A) the assessment required under paragraph
(1); and
``(B) written notification of the
determination required under paragraph (2).'';
(2) in subsection (b) by striking ``analysis'' and
inserting ``written notification'';
(3) by striking subsection (c);
(4) by redesignating subsections (d) through (h) as
subsections (c) through (g), respectively;
(5) in subsection (c) (as redesignated by paragraph
(4) of this section)--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking
``based on the analysis required''; and
(ii) in subparagraph (C) by striking
``analysis'' and inserting ``written
notification'';
(B) in paragraph (2)--
(i) by striking ``analysis'' each
place it appears and inserting
``written notification'';
(ii) by striking ``subsection (a)''
and inserting ``subsection (a)(3)(B)'';
(iii) by striking ``subsection (c)''
each place it appears and inserting
``that subsection''; and
(iv) by striking ``under subsection
(a)(5)''; and
(C) in paragraph (3)--
(i) by striking ``in the analysis
submitted under this section'';
(ii) by striking ``(a)(5)'' and
inserting ``(a)'';
(iii) by striking ``then'' and all
that follows through ``(A)'' and
inserting ``then'';
(iv) by striking ``; or'' and
inserting a period; and
(v) by striking subparagraph (B); and
(6) in subsection (d) (as redesignated by paragraph
(4) of this subsection) by striking ``in subsection
(d)'' and inserting ``in subsection (c)''.
* * * * * * *
----------
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2012
* * * * * * *
TITLE II--COAST GUARD
* * * * * * *
SEC. 221. NATIONAL SECURITY CUTTERS.
(a) In General.--
(1) Multiyear authority.--In fiscal year 2013 and
each fiscal year thereafter, the Secretary of the
department in which the Coast Guard is operating may
enter into, in accordance with section 2306b of title
10, United States Code, a multiyear contract for the
procurement of Coast Guard National Security Cutters
and Government-furnished equipment associated with the
National Security Cutter program.
(2) Limitation.--The Secretary may not enter into a
contract under paragraph (1) until the date that is 30
days after the date the Secretary submits to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a
certification that the Secretary has made, with respect
to the contract, each of the findings specified under
section 2306b(a) of title 10, United States Code, and
has done so in accordance with paragraph (3) of this
subsection.
(3) Determination of substantial savings.--For
purposes of this section, in conducting an analysis
with respect to substantial savings under section
2306b(a)(1) of title 10, United States Code, the
Secretary--
(A) may not limit the analysis to a simple
percentage-based metric; and
(B) shall employ a full-scale analysis of
cost avoidance--
(i) based on a multiyear procurement;
and
(ii) taking into account the
potential benefit any accrued savings
might have for future shipbuilding
programs if the cost avoidance savings
were subsequently utilized for further
ship construction.
[(b) Certificate To Operate.--The Commandant of the Coast
Guard may not certify a sixth National Security Cutter as Ready
for Operations before the Commandant has--
[(1) submitted to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives program execution plans detailing--
[(A) how the first 3 National Security
Cutters will achieve the goal of 225 days away
from homeport in fiscal years following the
completion of the Structural Enhancement
Drydock Availability of the first 2 National
Security Cutters; and
[(B) increased aerial coverage to support
National Security Cutter operations; and
[(2) awarded a contract for detailed design and
construction for the Offshore Patrol Cutter.]
* * * * * * *
----------
COAST GUARD AUTHORIZATION ACT OF 2010
* * * * * * *
TITLE IV--ACQUISITION REFORM
* * * * * * *
SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.
(a) In General.--For purposes of [sections 3304, 5333, and
5753] section 3304 of title 5, United States Code, the
Commandant of the Coast Guard may--
(1) designate any category of acquisition positions
within the Coast Guard as positions for which there
exists a shortage of candidates or there is a critical
hiring need; and
(2) use the authorities in such sections to recruit
and appoint highly qualified persons directly to
positions so designated.
(b) Limitation.--The Commandant may not appoint a person to a
position of employment under this section after September 30,
[2017.] 2021.
(c) Reports.--The Commandant shall include in reports under
section 569a of title 14, United States Code, information
described in that section regarding positions designated under
this section.
* * * * * * *
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
SUBTITLE II--VESSELS AND SEAMEN
* * * * * * *
PART A--GENERAL PROVISIONS
* * * * * * *
CHAPTER 23--OPERATION OF VESSELS GENERALLY
Sec.
2301. Application.
* * * * * * *
[2307. Limitation of liability for Coast Guard Vessel Traffic Service
pilots and non-Federal vessel traffic service operators.]
* * * * * * *
[Sec. 2307. Limitation of liability for Coast Guard Vessel Traffic
Service pilots and non-Federal vessel traffic
service operators
[(a) Coast Guard Vessel Traffic Service Pilots.--Any pilot,
acting in the course and scope of his or her duties while at a
United States Coast Guard Vessel Traffic Service, who provides
information, advice, or communication assistance while under
the supervision of a Coast Guard officer, member, or employee
shall not be liable for damages caused by or related to such
assistance unless the acts or omissions of such pilot
constitute gross negligence or willful misconduct.
[(b) Non-Federal Vessel Traffic Service Operators.--An entity
operating a non-Federal vessel traffic information service or
advisory service pursuant to a duly executed written agreement
with the Coast Guard, and any pilot acting on behalf of such
entity, is not liable for damages caused by or related to
information, advice, or communication assistance provided by
such entity or pilot while so operating or acting unless the
acts or omissions of such entity or pilot constitute gross
negligence or willful misconduct.]
* * * * * * *
PART B--INSPECTION AND REGULATION OF VESSELS
CHAPTER 31--GENERAL
Sec.
3101. Authority to suspend inspection.
* * * * * * *
3105. Electronic charts.
* * * * * * *
Sec. 3105. Electronic charts
(a) System Requirements.--
(1) Requirements.--Subject to paragraph (2), the
following vessels, while operating on the navigable
waters of the United States, shall be equipped with and
operate electronic charts under regulations prescribed
by the Secretary of the department in which the Coast
Guard is operating:
(A) A self-propelled commercial vessel of at
least 65 feet overall length.
(B) A vessel carrying more than a number of
passengers for hire determined by the
Secretary.
(C) A towing vessel of more than 26 feet in
overall length and 600 horsepower.
(D) Any other vessel for which the Secretary
decides that electronic charts are necessary
for the safe navigation of the vessel.
(2) Exemptions and waivers.--The Secretary may--
(A) exempt a vessel from paragraph (1), if
the Secretary finds that electronic charts are
not necessary for the safe navigation of the
vessel on the waters on which the vessel
operates; and
(B) waive the application of paragraph (1)
with respect to operation of vessels on
navigable waters of the United States specified
by the Secretary, if the Secretary finds that
electronic charts are not needed for safe
navigation on those waters.
(b) Limitation on Application.--Except pursuant to an
international treaty, convention, or agreement, to which the
United States is a party, this section shall not apply to any
foreign vessel that is not destined for, or departing from, a
port or place subject to the jurisdiction of the United States
and that is in--
(1) innocent passage through the territorial sea of
the United States; or
(2) transit through the navigable waters of the
United States that form a part of an international
strait.
* * * * * * *
CHAPTER 41--UNINSPECTED VESSELS GENERALLY
* * * * * * *
Sec. 4105. Uninspected passenger vessels
(a) Chapter 43 of this title applies to an uninspected
passenger vessel.
(b)(1) In applying this title with respect to an uninspected
vessel of less than 24 meters overall in length that carries
passengers to or from a port in the United States Virgin
Islands, the Secretary shall substitute ``12 passengers'' for
``6 passengers'' each place it appears in section 2101(42) if
the Secretary determines that the vessel complies with, as
applicable to the vessel--
(A) the Code of Practice for the Safety of
Small Commercial Motor Vessels (commonly
referred to as the ``Yellow Code''), as
published by the U.K. Maritime and Coastguard
Agency and in effect on January 1, 2014; or
(B) the Code of Practice for the Safety of
Small Commercial Sailing Vessels (commonly
referred to as the ``Blue Code''), as published
by such agency and in effect on such date.
(2) If the Secretary establishes standards to carry
out this subsection--
(A) such standards shall be identical to
those established in the Codes of Practice
referred to in paragraph (1); and
(B) on any dates before the date on which
such standards are in effect, the Codes of
Practice referred to in paragraph (1) shall
apply with respect to the vessels referred to
in paragraph (1).
(c) In applying this title with respect to an uninspected
vessel of less than 25 feet overall in length that carries
passengers on Crane Lake or waters contiguous to such lake in
St. Louis County, Minnesota, the Secretary shall substitute
``12 passengers'' for ``6 passengers'' each place it appears in
section 2101(42).
[(c)] (d) The Secretary shall, by regulation, require certain
additional equipment which may include liferafts or other
lifesaving equipment, construction standards, or specify
additional operating standards for those uninspected passenger
vessels defined in section 2101(42)(A) of this title.
* * * * * * *
CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS
* * * * * * *
Sec. 4502. Safety standards
(a) The Secretary shall prescribe regulations which require
that each vessel to which this chapter applies shall be
equipped with--
(1) readily accessible fire extinguishers capable of
promptly and effectively extinguishing a flammable or
combustible liquid fuel fire;
(2) at least one readily accessible life preserver or
other lifesaving device for each individual on board;
(3) an efficient flame arrestor, backfire trap, or
other similar device on the carburetors of each inboard
engine which uses gasoline as fuel;
(4) the means to properly and efficiently ventilate
enclosed spaces, including engine and fuel tank
compartments, so as to remove explosive or flammable
gases;
(5) visual distress signals;
(6) other equipment required to minimize the risk of
injury to the crew during vessel operations, if the
Secretary determines that a risk of serious injury
exists that can be eliminated or mitigated by that
equipment; and
(7) a placard as required by regulations prescribed
under section 10603(b) of this title.
(b)(1) In addition to the requirements of subsection (a) of
this section, and subject to section 4503(d), the Secretary
shall prescribe regulations requiring the installation,
maintenance, and use of the equipment in paragraph (2) of this
subsection for vessels to which this chapter applies that--
(A) operate beyond 3 nautical miles from the
baseline from which the territorial sea of the
United States is measured or beyond 3 nautical
miles from the coastline of the Great Lakes;
(B) operate with more than 16 individuals on
board; or
(C) in the case of a fish tender vessel,
engage in the Aleutian trade.
(2) The equipment to be required is as follows:
(A) alerting and locating equipment,
including emergency position indicating radio
beacons;
(B) a survival craft that ensures that no
part of an individual is immersed in water
sufficient to accommodate all individuals on
board;
(C) at least one readily accessible immersion
suit for each individual on board that vessel
when operating on the waters described in
section 3102 of this title;
(D) marine radio communications equipment
sufficient to effectively communicate with
land-based search and rescue facilities;
(E) navigation equipment, including
compasses, nautical charts, and publications;
(F) first aid equipment and medical supplies
sufficient for the size and area of operation
of the vessel; and
(G) ground tackle sufficient for the vessel.
(c)(1) In addition to the requirements described in
subsections (a) and (b) of this section, the Secretary may
prescribe regulations establishing the standards in paragraph
(2) of this subsection for vessels to which this chapter
applies that--
(A)(i) were built after December 31, 1988, or
undergo a major conversion completed after that
date; and
(ii) operate with more than 16
individuals on board; or
(B) in the case of a fish tender vessel,
engage in the Aleutian trade.
(2) The standards shall be minimum safety standards,
including standards relating to--
(A) navigation equipment, including radars
and fathometers;
(B) lifesaving equipment, immersion suits,
signaling devices, bilge pumps, bilge alarms,
life rails, and grab rails;
(C) fire protection and firefighting
equipment, including fire alarms and portable
and semiportable fire extinguishing equipment;
(D) use and installation of insulation
material;
(E) storage methods for flammable or
combustible material; and
(F) fuel, ventilation, and electrical
systems.
(d)(1) The Secretary shall prescribe regulations for the
operating stability of a vessel to which this chapter applies--
(A) that was built after December 31, 1989;
or
(B) the physical characteristics of which are
substantially altered after December 31, 1989,
in a manner that affects the vessel's operating
stability.
(2) The Secretary may accept, as evidence of
compliance with this subsection, a certification of
compliance issued by the person providing insurance for
the vessel or by another qualified person approved by
the Secretary.
(e) In prescribing regulations under this chapter, the
Secretary--
(1) shall consider the specialized nature and
economics of the operations and the character, design,
and construction of the vessel; and
(2) may not require the alteration of a vessel or
associated equipment that was constructed or
manufactured before the effective date of the
regulation.
(f) To ensure compliance with the requirements of this
chapter, the Secretary--
(1) shall require the individual in charge of a
vessel described in subsection (b) to keep a record of
equipment maintenance, and required instruction and
drills;
(2) shall examine at dockside a vessel described in
subsection (b) at least once every 5 years, and shall
issue a certificate of compliance to a vessel meeting
the requirements of this chapter; and
(3) shall complete the first dockside examination of
a vessel under this subsection not later than October
15, 2015.
(g)(1) The individual in charge of a vessel described in
subsection (b) must pass a training program approved by the
Secretary that meets the requirements in paragraph (2) of this
subsection and hold a valid certificate issued under that
program.
(2) The training program shall--
(A) be based on professional knowledge and
skill obtained through sea service and hands-on
training, including training in seamanship,
stability, collision prevention, navigation,
fire fighting and prevention, damage control,
personal survival, emergency medical care,
emergency drills, and weather;
(B) require an individual to demonstrate
ability to communicate in an emergency
situation and understand information found in
navigation publications;
(C) recognize and give credit for recent past
experience in fishing vessel operation; and
(D) provide for issuance of a certificate to
an individual that has successfully completed
the program.
(3) The Secretary shall prescribe regulations
implementing this subsection. The regulations shall
require that individuals who are issued a certificate
under paragraph (2)(D) must complete refresher training
at least once every 5 years as a condition of
maintaining the validity of the certificate.
(4) The Secretary shall establish an electronic
database listing the names of individuals who have
participated in and received a certificate confirming
successful completion of a training program approved by
the Secretary under this section.
(h) A vessel to which this chapter applies shall be
constructed in a manner that provides a level of safety
equivalent to the minimum safety standards the Secretary may
establish for recreational vessels under section 4302, if--
(1) subsection (b) of this section applies to the
vessel;
(2) the vessel is less than 50 feet overall in
length; and
(3) the vessel is built after January 1, 2010.
(i)(1) The Secretary shall establish a Fishing Safety
Training Grants Program to provide funding to municipalities,
port authorities, other appropriate public entities, not-for-
profit organizations, and other qualified persons that provide
commercial fishing safety training--
(A) to conduct fishing vessel safety training
for vessel operators and crewmembers that--
(i) in the case of vessel operators,
meets the requirements of subsection
(g); and
(ii) in the case of crewmembers,
meets the requirements of subsection
(g)(2)(A), such requirements of
subsection (g)(2)(B) as are appropriate
for crewmembers, and the requirements
of subsections (g)(2)(D), (g)(3), and
(g)(4); and
(B) for purchase of safety equipment and
training aids for use in those fishing vessel
safety training programs.
(2) The Secretary shall award grants under this
subsection on a competitive basis.
(3) The Federal share of the cost of any activity
carried out with a grant under this subsection shall
not exceed 75 percent.
(4) There is authorized to be appropriated $3,000,000
for each of fiscal years 2015 through 2017 for grants
under this subsection.
(j)(1) The Secretary shall establish a Fishing Safety
Research Grant Program to provide funding to individuals in
academia, members of non-profit organizations and businesses
involved in fishing and maritime matters, and other persons
with expertise in fishing safety, to conduct research on
methods of improving the safety of the commercial fishing
industry, including vessel design, emergency and survival
equipment, enhancement of vessel monitoring systems,
communications devices, de-icing technology, and severe weather
detection.
(2) The Secretary shall award grants under this
subsection on a competitive basis.
(3) The Federal share of the cost of any activity
carried out with a grant under this subsection shall
not exceed 75 percent.
(4) There is authorized to be appropriated $3,000,000
for each fiscal years 2015 through 2017 for activities
under this subsection.
Sec. 4503. Fishing, fish tender, and fish processing vessel
certification
(a) A vessel to which this subsection applies may not be
operated unless the vessel--
(1) meets all survey and classification requirements
prescribed by the American Bureau of Shipping or
another similarly qualified organization approved by
the Secretary; and
(2) has on board a certificate issued by the American
Bureau of Shipping or that other organization
evidencing compliance with this subsection.
(b) Except as provided in subsection (d), subsection (a)
applies to a fish processing vessel to which this chapter
applies that--
(1) is built after July 27, 1990; or
(2) undergoes a major conversion completed after that
date.
(c)(1) Except as provided in paragraph (2), subsection (a)
applies to a vessel to which section 4502(b) of this title
applies that is at least 50 feet overall in length and is built
after July 1, 2013.
(2) Subsection (a) does not apply to a fishing vessel
or fish tender vessel to which section 4502(b) of this
title applies, if the vessel--
(A) is at least 50 feet overall in length,
and not more than 79 feet overall in length as
listed on the vessel's certificate of
documentation or certificate of number; and
(B)(i) is built after the date of the
enactment of the Coast Guard Authorization Act
of 2016; and
(ii) complies with--
(I) the requirements
described in subsection (e); or
(II) the alternative
requirements established by the
Secretary under subsection (f).
(d)[(1) After January 1, 2020, a fishing vessel, fish
processing vessel, or fish tender vessel to which section
4502(b) of this title applies shall comply with an alternate
safety compliance program that is developed in cooperation with
the commercial fishing industry and prescribed by the
Secretary, if the vessel--
[(A) is at least 50 feet overall in length;
[(B) is built before July 1, 2013; and
[(C) is 25 years of age or older.]
[(2) A fishing vessel, fish processing vessel, or
fish tender vessel built before July 1, 2013, that
undergoes a major conversion completed after the later
of July 1, 2013, or the date the Secretary establishes
standards for an alternate safety compliance program,
shall comply with such an alternative safety compliance
program that is developed in cooperation with the
commercial fishing industry and prescribed by the
Secretary.](1) The Secretary, in cooperation with the
commercial fishing industry, may prescribe an
alternative safety compliance program that shall apply
in lieu of requirements under section 4502(b), for any
category of fishing vessels, fish processing vessels,
or fish tender vessels that are--
(A) at least 50 feet overall in length;
(B) built before July 1, 2013; and
(C) 25 years of age or older.
(2) An alternative safety compliance program prescribed 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 standards for the
alternate safety compliance program, upon the
completion of such conversion.
(3) Alternative safety compliance programs may be
developed for purposes of paragraph (1) for specific
regions and fisheries.
(4) Notwithstanding paragraph (1), vessels owned by a
person that owns more than 30 vessels subject to that
paragraph are not required to meet the alternate safety
compliance requirements of that paragraph until January
1, 2030, if that owner enters into a compliance
agreement with the Secretary that provides for a fixed
schedule for all of the vessels owned by that person to
meet requirements of that paragraph by that date and
the vessel owner is meeting that schedule.
(5) A fishing vessel, fish processing vessel, or fish
tender vessel to which section 4502(b) of this title
applies that was classed before July 1, 2012, shall--
(A) remain subject to the requirements of a
classification society approved by the
Secretary; and
(B) have on board a certificate from that
society.
(e) The requirements referred to in subsection
(c)(2)(B)(ii)(I) are the following:
(1) The vessel is designed by an individual licensed
by a State as a naval architect or marine engineer, and
the design incorporates standards equivalent to those
prescribed by a classification society to which the
Secretary has delegated authority under section 3316 or
another qualified organization approved by the
Secretary for purposes of this paragraph.
(2) Construction of the vessel is overseen and
certified as being in accordance with its design by a
marine surveyor of an organization accepted by the
Secretary.
(3) The vessel--
(A) completes a stability test performed by a
qualified individual;
(B) has written stability and loading
instructions from a qualified individual that
are provided to the owner or operator; and
(C) has an assigned loading mark.
(4) The vessel is not substantially altered without
the review and approval of an individual licensed by a
State as a naval architect or marine engineer before
the beginning of such substantial alteration.
(5) The vessel undergoes a condition survey at least
twice in 5 years, not to exceed 3 years between
surveys, to the satisfaction of a marine surveyor of an
organization accepted by the Secretary.
(6) The vessel undergoes an out-of-water survey at
least once every 5 years to the satisfaction of a
certified marine surveyor of an organization accepted
by the Secretary.
(7) Once every 5 years and at the time of a
substantial alteration to such vessel, compliance of
the vessel with the requirements of paragraph (3) is
reviewed and updated as necessary.
(8) For the life of the vessel, the owner of the
vessel maintains records to demonstrate compliance with
this subsection and makes such records readily
available for inspection by an official authorized to
enforce this chapter.
(f)(1) Not later than 10 years after the date of the
enactment of the Coast Guard Authorization Act of 2016, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report that provides an analysis of the adequacy of
the requirements under subsection (e) in maintaining the safety
of the fishing vessels and fish tender vessels which are
described in subsection (c)(2) and which comply with the
requirements of subsection (e).
(2) If the report required under this subsection
includes a determination that the safety requirements
under subsection (e) are not adequate or that
additional safety measures are necessary, then the
Secretary may establish an alternative safety
compliance program for fishing vessels or fish tender
vessels (or both) which are described in subsection
(c)(2) and which comply with the requirements of
subsection (e).
(3) The alternative safety compliance program
established under this subsection shall include
requirements for--
(A) vessel construction;
(B) a vessel stability test;
(C) vessel stability and loading
instructions;
(D) an assigned vessel loading mark;
(E) a vessel condition survey at least twice
in 5 years, not to exceed 3 years between
surveys;
(F) an out-of-water vessel survey at least
once every 5 years;
(G) maintenance of records to demonstrate
compliance with the program, and the
availability of such records for inspection;
and
(H) such other aspects of vessel safety as
the Secretary considers appropriate.
(g) For the purposes of this section, the term ``built''
means, with respect to a vessel, that the vessel's construction
has reached any of the following stages:
(1) The vessel's keel is laid.
(2) Construction identifiable with the vessel has
begun and assembly of that vessel has commenced
comprising of at least 50 metric tons or one percent of
the estimated mass of all structural material,
whichever is less.
* * * * * * *
PART E--MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS
* * * * * * *
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
* * * * * * *
Sec. 70103. Maritime transportation security plans
(a) National Maritime Transportation Security Plan(1) Not
later than April 1, 2005, the Secretary shall prepare a
National Maritime Transportation Security Plan for deterring
and responding to a transportation security incident.
(2) The National Maritime Transportation Security
Plan shall provide for efficient, coordinated, and
effective action to deter and minimize damage from a
transportation security incident, and shall include the
following:
(A) Assignment of duties and responsibilities
among Federal departments and agencies and
coordination with State and local governmental
agencies.
(B) Identification of security resources.
(C) Procedures and techniques to be employed
in deterring a national transportation security
incident.
(D) Establishment of procedures for the
coordination of activities of--
(i) Coast Guard maritime security
teams established under this chapter;
and
(ii) Federal Maritime Security
Coordinators required under this
chapter.
(E) A system of surveillance and notice
designed to safeguard against as well as ensure
earliest possible notice of a transportation
security incident and imminent threats of such
a security incident to the appropriate State
and Federal agencies.
(F) Establishment of criteria and procedures
to ensure immediate and effective Federal
identification of a transportation security
incident, or the substantial threat of such a
security incident.
(G) Designation of--
(i) areas for which Area Maritime
Transportation Security Plans are
required to be prepared under
subsection (b); and
(ii) a Coast Guard official who shall
be the Federal Maritime Security
Coordinator for each such area.
(H) A risk-based system for evaluating the
potential for violations of security zones
designated by the Secretary on the waters
subject to the jurisdiction of the United
States.
(I) A recognition of certified systems of
intermodal transportation.
(J) A plan for ensuring that the flow of
cargo through United States ports is
reestablished as efficiently and quickly as
possible after a transportation security
incident.
(3) The Secretary shall, as the Secretary considers
advisable, revise or otherwise amend the National
Maritime Transportation Security Plan.
(4) Actions by Federal agencies to deter and minimize
damage from a transportation security incident shall,
to the greatest extent possible, be in accordance with
the National Maritime Transportation Security Plan.
(5) The Secretary shall inform vessel and facility
owners or operators of the provisions in the National
Transportation Security Plan that the Secretary
considers necessary for security purposes.
(b) Area Maritime Transportation Security Plans(1) The
Federal Maritime Security Coordinator designated under
subsection (a)(2)(G) for an area shall--
(A) submit to the Secretary an Area Maritime
Transportation Security Plan for the area; and
(B) solicit advice from the Area Security
Advisory Committee required under this chapter,
for the area to assure preplanning of joint
deterrence efforts, including appropriate
procedures for deterrence of a transportation
security incident.
(2) The Area Maritime Transportation Security Plan
for an area shall--
(A) when implemented in conjunction with the
National Maritime Transportation Security Plan,
be adequate to deter a transportation security
incident in or near the area to the maximum
extent practicable;
(B) describe the area and infrastructure
covered by the plan, including the areas of
population or special economic, environmental,
or national security importance that might be
damaged by a transportation security incident;
(C) describe in detail how the plan is
integrated with other Area Maritime
Transportation Security Plans, and with
facility security plans and vessel security
plans under this section;
(D) include consultation and coordination
with the Department of Defense on matters
relating to Department of Defense facilities
and vessels;
(E) establish area response and recovery
protocols to prepare for, respond to, mitigate
against, and recover from a transportation
security incident consistent with section 202
of the SAFE Port Act of 2006 (6 U.S.C. 942) and
subsection (a) of this section;
(F) include any other information the
Secretary requires;
(G) include a salvage response plan--
(i) to identify salvage equipment
capable of restoring operational trade
capacity; and
(ii) to ensure that the waterways are
cleared and the flow of commerce
through United States ports is
reestablished as efficiently and
quickly as possible after a maritime
transportation security incident; and
(H) be updated at least every 5 years by the
Federal Maritime Security Coordinator.
(3) The Secretary shall--
(A) review and approve Area Maritime
Transportation Security Plans under this
subsection; and
(B) periodically review previously approved
Area Maritime Transportation Security Plans.
(4) In security zones designated by the Secretary in
each Area Maritime Transportation Security Plan, the
Secretary shall consider--
(A) the use of public/private partnerships to
enforce security within the security zones,
shoreside protection alternatives, and the
environmental, public safety, and relative
effectiveness of such alternatives; and
(B) technological means of enhancing the
security zones of port, territorial waters, and
waterways of the United States.
(c) Vessel and Facility Security Plans(1) Within 6 months
after the prescription of interim final regulations on vessel
and facility security plans, an owner or operator of a vessel
or facility described in paragraph (2) shall prepare and submit
to the Secretary a security plan for the vessel or facility,
for deterring a transportation security incident to the maximum
extent practicable.
(2) The vessels and facilities referred to in
paragraph (1)--
(A) except as provided in subparagraph (B),
are vessels and facilities that the Secretary
believes may be involved in a transportation
security incident; and
(B) do not include any vessel or facility
owned or operated by the Department of Defense.
(3) A security plan required under this subsection
shall--
(A) be consistent with the requirements of
the National Maritime Transportation Security
Plan and Area Maritime Transportation Security
Plans;
(B) identify the qualified individual having
full authority to implement security actions,
and require immediate communications between
that individual and the appropriate Federal
official and the persons providing personnel
and equipment pursuant to subparagraph (C);
(C) include provisions for--
(i) establishing and maintaining
physical security, passenger and cargo
security, and personnel security;
(ii) establishing and controlling
access to secure areas of the vessel or
facility, including access by persons
engaged in the surface transportation
of intermodal containers in or out of a
port facility;
(iii) procedural security policies;
(iv) communications systems; and
(v) other security systems;
(D) identify, and ensure by contract or other
means approved by the Secretary, the
availability of security measures necessary to
deter to the maximum extent practicable a
transportation security incident or a
substantial threat of such a security incident;
(E) describe the training, periodic
unannounced drills, and security actions of
persons on the vessel or at the facility, to be
carried out under the plan to deter to the
maximum extent practicable a transportation
security incident, or a substantial threat of
such a security incident;
(F) provide a strategy and timeline for
conducting training and periodic unannounced
drills;
(G) be updated at least every 5 years;
(H) be resubmitted for approval of each
change to the vessel or facility that may
substantially affect the security of the vessel
or facility; and
(I) in the case of a security plan for a
facility, be resubmitted for approval of each
change in the ownership or operator of the
facility that may substantially affect the
security of the facility.
(4) The Secretary shall--
(A) promptly review each such plan;
(B) require amendments to any plan that does
not meet the requirements of this subsection;
(C) approve any plan that meets the
requirements of this subsection; and
(D) subject to the availability of
appropriations, verify the effectiveness of
each such facility security plan periodically,
but not less than 2 times per year, at least 1
of which shall be an inspection of the facility
that is conducted without notice to the
facility.
(5) A vessel or facility for which a plan is required
to be submitted under this subsection may not operate
after the end of the 12-month period beginning on the
date of the prescription of interim final regulations
on vessel and facility security plans, unless--
(A) the plan has been approved by the
Secretary; and
(B) the vessel or facility is operating in
compliance with the plan.
(6) Notwithstanding paragraph (5), the Secretary may
authorize a vessel or facility to operate without a
security plan approved under this subsection, until not
later than 1 year after the date of the submission to
the Secretary of a plan for the vessel or facility, if
the owner or operator of the vessel or facility
certifies that the owner or operator has ensured by
contract or other means approved by the Secretary to
deter to the maximum extent practicable a
transportation security incident or a substantial
threat of such a security incident.
(7) The Secretary shall require each owner or
operator of a vessel or facility located within or
adjacent to waters subject to the jurisdiction of the
United States to implement any necessary interim
security measures, including cargo security programs,
to deter to the maximum extent practicable a
transportation security incident until the security
plan for that vessel or facility operator is approved.
(8)(A) The Secretary shall require that the qualified
individual having full authority to implement security
actions for a facility described in paragraph (2) shall
be a citizen of the United States.
(B) The Secretary may waive the requirement
of subparagraph (A) with respect to an
individual if the Secretary determines that it
is appropriate to do so based on a complete
background check of the individual and a review
of all terrorist watch lists to ensure that the
individual is not identified on any such
terrorist watch list.
(d) Nondisclosure of Information
(1) In general Information developed under this
section or sections 70102, 70104, and 70108 is not
required to be disclosed to the public, including--
(A) facility security plans, vessel security
plans, and port vulnerability assessments; and
(B) other information related to security
plans, procedures, or programs for vessels or
facilities authorized under this section or
sections 70102, 70104, and 70108.
(2) Limitations Nothing in paragraph (1) shall be
construed to authorize the designation of information
as sensitive security information (as defined in
section 1520.5 of title 49, Code of Federal
Regulations)--
(A) to conceal a violation of law,
inefficiency, or administrative error;
(B) to prevent embarrassment to a person,
organization, or agency;
(C) to restrain competition; or
(D) to prevent or delay the release of
information that does not require protection in
the interest of transportation security,
including basic scientific research information
not clearly related to transportation security.
(e) Especially Hazardous Cargo
(1) Enforcement of security zones Consistent with
other provisions of Federal law, the Coast Guard shall
coordinate and be responsible for the enforcement of
any Federal security zone established by the Coast
Guard around a vessel containing especially hazardous
cargo. The Coast Guard shall allocate available
resources so as to deter and respond to a
transportation security incident, to the maximum extent
practicable, and to protect lives or protect property
in danger.
(2) Resource deficiency reporting
(A) In general When the Secretary submits the
annual budget request for a fiscal year for the
department in which the Coast Guard is
operating to the Office of Management and
Budget, the Secretary shall provide to the
Committees on Homeland Security and
Transportation and Infrastructure of the House
of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate a report that includes--
(i) for the last full fiscal year
preceding the report, a statement of
the number of security zones
established for especially hazardous
cargo shipments;
(ii) for the last full fiscal year
preceding the report, a statement of
the number of especially hazardous
cargo shipments provided a waterborne
security escort, subdivided by Federal,
State, local, or private security; and
(iii) an assessment as to any
additional vessels, personnel,
infrastructure, and other resources
necessary to provide waterborne escorts
to those especially hazardous cargo
shipments for which a security zone is
established.
(B) Especially hazardous cargo defined In
this subsection, the term ``especially
hazardous cargo'' means anhydrous ammonia,
ammonium nitrate, chlorine, liquefied natural
gas, liquiefied petroleum gas, and any other
substance, material, or group or class of
material, in a particular amount and form that
the Secretary determines by regulation poses a
significant risk of creating a transportation
security incident while being transported in
maritime commerce.
(f) Nondisclosure of Port Security Plans.--Notwithstanding
any other provision of law, information related to security
plans, procedures, or programs for passenger vessels or
passenger terminals authorized under this chapter is not
required to be disclosed to the public.
* * * * * * *
Sec. 7106. Duration of licenses
(a) In General.--A license issued under this part is valid
for a 5-year period and may be renewed for additional 5-year
periods; except that the validity of a license issued to a
radio officer is conditioned on the continuous possession by
the holder of a first-class or second-class radiotelegraph
operator license issued by the Federal Communications
Commission.
(b) Advance Renewals.--A renewed license issued under this
part may be issued up to 8 months in advance but is not
effective until the date that the previously issued license
expires or until the completion of any active suspension or
revocation of that previously issued [merchant mariner's
document,] license, whichever is later.
Sec. 7107. Duration of certificates of registry
(a) In General.--A certificate of registry issued under this
part is valid for a 5-year period and may be renewed for
additional 5-year periods; except that the validity of a
certificate issued to a medical doctor or professional nurse is
conditioned on the continuous possession by the holder of a
license as a medical doctor or registered nurse, respectively,
issued by a State.
(b) Advance Renewals.--A renewed certificate of registry
issued under this part may be issued up to 8 months in advance
but is not effective until the date that the previously issued
certificate of registry expires or until the completion of any
active suspension or revocation of that previously issued
[merchant mariner's document,] certificate of registry,
whichever is later.
* * * * * * *
CHAPTER 75--GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
* * * * * * *
Sec. 7507. Authority to extend the duration of licenses, certificates
of registry, and merchant mariner documents
(a) Licenses and Certificates of Registry.--Notwithstanding
sections 7106 and 7107, the Secretary of the department in
which the Coast Guard is operating may--
(1) extend for not more than one year an expiring
license or certificate of registry issued for an
individual under chapter 71 if the Secretary determines
that the extension is required to enable the Coast
Guard to eliminate a backlog in processing applications
for those licenses or certificates of registry or in
response to a national emergency or natural disaster,
as deemed necessary by the Secretary; or
(2) issue for not more than five years an expiring
license or certificate of registry issued for an
individual under chapter 71 for the exclusive purpose
of aligning the expiration date of such license or
certificate of registry with the expiration date of a
merchant mariner's document.
(b) Merchant Mariner Documents.--Notwithstanding section
7302(g), the Secretary may--
(1) extend for not more than one year an expiring
merchant mariner's document issued for an individual
under chapter 73 if the Secretary determines that the
extension is required to enable the Coast Guard to
eliminate a backlog in processing applications for
those [licenses or certificates of registry] merchant
mariner documents or in response to a national
emergency or natural disaster, as deemed necessary by
the Secretary; or
(2) issue for not more than five years an expiring
merchant mariner's document issued for an individual
under chapter 73 for the exclusive purpose of aligning
the expiration date of such merchant mariner's document
with the expiration date of a [merchant mariner's
document.] license or certificate of registry.
(c) Manner of Extension.--Any extensions granted under this
section may be granted to individual seamen or a specifically
identified group of seamen.
* * * * * * *
PART G--MERCHANT SEAMEN PROTECTION AND RELIEF
* * * * * * *
CHAPTER 113--OFFICIAL LOGBOOKS
* * * * * * *
Sec. 11304. Additional logbook and entry requirements
(a) A vessel of the United States that is subject to
inspection under section 3301 of this title, except a vessel on
a voyage from a port in the United States to a port in Canada,
shall have [an official] a logbook, which shall be kept
available for review by the Secretary on request.
(b) The [log book] logbook required by subsection (a) shall
include the following entries:
(1) The time when each seaman and each officer
assumed or relieved the watch.
(2) The number of hours in service to the vessels of
each seaman and each officer.
[(3) An account of each accident, illness, and injury
that occurs during each watch.]
(3) Each illness of, and injury to, a seaman of the
vessel, the nature of the illness or injury, and the
medical treatment provided for the injury or illness.
* * * * * * *
PART H--IDENTIFICATION OF VESSELS
* * * * * * *
CHAPTER 121--DOCUMENTATION OF VESSELS
* * * * * * *
SUBCHAPTER II--ENDORSEMENTS AND SPECIAL DOCUMENTATION
* * * * * * *
Sec. 12114. Recreational endorsement
(a) Requirements.--A recreational endorsement may be issued
for a vessel that satisfies the requirements of section 12103
of this title.
(b) Authorized Activity.--A vessel operating under a
recreational endorsement may be operated only for pleasure.
(c) Application of Customs Laws.--A vessel for which a
recreational endorsement is issued may proceed between a port
of the United States and a port of a foreign country without
entering or clearing with the Secretary of Homeland Security.
However, a recreational vessel is subject to the requirements
for reporting arrivals under section 433 of the Tariff Act of
1930 (19 U.S.C. 1433), and individuals on the vessel are
subject to applicable customs regulations.
(d) Effective Period.--A recreational endorsement 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 notify
the Coast Guard of each change in the information on
which the issuance of the certificate of documentation
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 abandoned or derelict vessel.
(f) Authority.--
(1) Requirement.--The Secretary shall assess and
collect a fee for the issuance or renewal of a
recreational endorsement, that is equivalent to the fee
established for the issuance or renewal, respectively,
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 expended.
* * * * * * *
CHAPTER 123--NUMBERING UNDOCUMENTED VESSELS
Sec. 12301. Numbering vessels
(a) An undocumented vessel equipped with propulsion machinery
of any kind shall have a number issued by the proper issuing
authority in the State in which the vessel principally is
operated.
(b) The Secretary [shall] may require an undocumented barge
of more than 100 gross tons operating on the navigable waters
of the United States to be numbered.
* * * * * * *
Subtitle VII--SECURITY AND DRUG ENFORCEMENT
Chapter Sec.
Ports and Waterways Safety..................................70001.
70101ort Security.....................................................
* * * * * * *
CHAPTER 700--PORTS AND WATERWAYS SAFETY
Subchapter A--Vessel Operations
Sec.
70001. Vessel traffic services.
70002. Special powers.
70003. Port access routes.
70004. Considerations by Secretary.
70005. International agreements.
Subchapter B--Ports and Waterways Safety
70011. Waterfront safety.
70012. Navigational hazards.
70013. Requirement to notify Coast Guard of release of objects into the
navigable waters of the United States.
Subchapter C--Condition for entry into ports in the United States
70021. Conditions for entry to ports in the United States.
Subchapter D--Definitions, Regulations, Enforcement, Investigatory
Powers, Applicability
70031. Definitions.
70032. Saint Lawrence Seaway.
70033. Limitation on application to foreign vessels.
70034. Regulations.
70035. Investigatory powers.
70036. Enforcement.
SUBCHAPTER A--VESSEL OPERATIONS
Sec. 70001. Vessel traffic services
(a) Subject to the requirements of section 70004, the
Secretary--
(1) in any port or place under the jurisdiction of
the United States, in the navigable waters of the
United States, or in any area covered by an
international agreement negotiated pursuant to section
70005, may construct, operate, maintain, improve, or
expand vessel traffic services, that consist of
measures for controlling or supervising vessel traffic
or for protecting navigation and the marine environment
and that may include one or more of reporting and
operating requirements, surveillance and communications
systems, routing systems, and fairways;
(2) shall require appropriate vessels that operate in
an area of a vessel traffic service to utilize or
comply with that service;
(3)(A) may require vessels to install and use
specified navigation equipment, communications
equipment, electronic relative motion analyzer
equipment, or any electronic or other device necessary
to comply with a vessel traffic service or that is
necessary in the interests of vessel safety.
(B) Notwithstanding subparagraph (A), the Secretary
shall not require fishing vessels under 300 gross tons
as measured under section 14502, or an alternate
tonnage measured under section 14302 as prescribed by
the Secretary under section 14104, or recreational
vessels 65 feet or less to possess or use the equipment
or devices required by this subsection solely under the
authority of this chapter;
(4) may control vessel traffic in areas subject to
the jurisdiction of the United States that the
Secretary determines to be hazardous, or under
conditions of reduced visibility, adverse weather,
vessel congestion, or other hazardous circumstances,
by--
(A) specifying times of entry, movement, or
departure;
(B) establishing vessel traffic routing
schemes;
(C) establishing vessel size, speed, or draft
limitations and vessel operating conditions;
and
(D) restricting operation, in any hazardous
area or under hazardous conditions, to vessels
that have particular operating characteristics
or capabilities that the Secretary considers
necessary for safe operation under the
circumstances;
(5) may require the receipt of prearrival messages
from any vessel, destined for a port or place subject
to the jurisdiction of the United States, in sufficient
time to permit advance vessel traffic planning before
port entry, which shall include any information that is
not already a matter of record and that the Secretary
determines necessary for the control of the vessel and
the safety of the port or the marine environment; and
(6) may prohibit the use on vessels of electronic or
other devices that interfere with communication and
navigation equipment, except that such authority shall
not apply to electronic or other devices certified to
transmit in the maritime services by the Federal
Communications Commission and used within the frequency
bands 157.1875-157.4375 MHz and 161.7875-162.0375 MHz.
(b) Cooperative Agreements.--
(1) In general.--The Secretary may enter into
cooperative agreements with public or private agencies,
authorities, associations, institutions, corporations,
organizations, or other persons to carry out the
functions under subsection (a)(1).
(2) Limitation.--
(A) A nongovernmental entity may not under
this subsection carry out an inherently
governmental function.
(B) As used in this paragraph, the term
``inherently governmental function'' means any
activity that is so intimately related to the
public interest as to mandate performance by an
officer or employee of the Federal Government,
including an activity that requires either the
exercise of discretion in applying the
authority of the Government or the use of
judgment in making a decision for the
Government.
(c) Limitation of Liability for Coast Guard Vessel Traffic
Service Pilots and Non-Federal Vessel Traffic Service
Operators.--
(1) Coast guard vessel traffic service pilots.--Any
pilot, acting in the course and scope of his or her
duties while at a Coast Guard Vessel Traffic Service,
who provides information, advice, or communication
assistance while under the supervision of a Coast Guard
officer, member, or employee shall not be liable for
damages caused by or related to such assistance unless
the acts or omissions of such pilot constitute gross
negligence or willful misconduct.
(2) Non-federal vessel traffic service operators.--An
entity operating a non-Federal vessel traffic
information service or advisory service pursuant to a
duly executed written agreement with the Coast Guard,
and any pilot acting on behalf of such entity, is not
liable for damages caused by or related to information,
advice, or communication assistance provided by such
entity or pilot while so operating or acting unless the
acts or omissions of such entity or pilot constitute
gross negligence or willful misconduct.
Sec. 70002. Special powers
The Secretary may order any vessel, in a port or place
subject to the jurisdiction of the United States or in the
navigable waters of the United States, to operate or anchor in
a manner the Secretary directs if--
(1) the Secretary has reasonable cause to believe
such vessel does not comply with any regulation issued
under 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
(3) by reason of weather, visibility, sea conditions,
port congestion, other hazardous circumstances, or the
condition of such vessel, the Secretary is satisfied
such direction is justified in the interest of safety.
Sec. 70003. Port access routes
(a) Authority To Designate.--Except as provided in subsection
(b) and subject to the requirements of subsection (c), in order
to provide safe access routes for the movement of vessel
traffic proceeding to or from ports or places subject to the
jurisdiction of the United States, the Secretary shall
designate necessary fairways and traffic separation schemes for
vessels operating in the territorial sea of the United States
and in high seas approaches, outside the territorial sea, to
such ports or places. Such a designation shall recognize,
within the designated area, the paramount right of navigation
over all other uses.
(b) Limitation.--
(1) In general.--No designation may be made by the
Secretary under this section if--
(A) the Secretary determines such a
designation, as implemented, would deprive any
person of the effective exercise of a right
granted by a lease or permit executed or issued
under other applicable provisions of law; and
(B) such right has became vested before the
time of publication of the notice required by
paragraph (1) of subsection (c).
(2) Consultation required.--The Secretary shall make
the determination under paragraph (1)(A) after
consultation with the head of the agency responsible
for executing the lease or issuing the permit.
(c) Consideration of Other Uses.--Before making a designation
under subsection (a), and in accordance with the requirements
of section 70004, the Secretary shall--
(1) undertake a study of the potential traffic
density and the need for safe access routes for vessels
in any area for which fairways or traffic separation
schemes are proposed or that may otherwise be
considered and publish notice of such undertaking in
the Federal Register;
(2) in consultation with the Secretary of State, the
Secretary of the Interior, the Secretary of Commerce,
the Secretary of the Army, and the Governors of
affected States, as their responsibilities may require,
take into account all other uses of the area under
consideration, including, as appropriate, the
exploration for, or exploitation of, oil, gas, or other
mineral resources, the construction or operation of
deepwater ports or other structures on or above the
seabed or subsoil of the submerged lands or the Outer
Continental Shelf of the United States, the
establishment or operation of marine or estuarine
sanctuaries, and activities involving recreational or
commercial fishing; and
(3) to the extent practicable, reconcile the need for
safe access routes with the needs of all other
reasonable uses of the area involved.
(d) Study.--In carrying out the Secretary's responsibilities
under subsection (c), the Secretary shall--
(1) proceed expeditiously to complete any study
undertaken; and
(2) after completion of such a study, promptly--
(A) issue a notice of proposed rulemaking for
the designation contemplated; or
(B) publish in the Federal Register a notice
that no designation is contemplated as a result
of the study and the reason for such
determination.
(e) Implementation of Designation.--In connection with a
designation made under this section, the Secretary--
(1) shall issue reasonable rules and regulations
governing the use of such designated areas, including
rules and regulations regarding the applicability of
rules 9 and 10 of the International Regulations for
Preventing Collisions at Sea, 1972, relating to narrow
channels and traffic separation schemes, respectively,
in waters where such regulations apply;
(2) to the extent that the Secretary finds reasonable
and necessary to effectuate the purposes of the
designation, make the use of designated fairways and
traffic separation schemes mandatory for specific types
and sizes of vessels, foreign and domestic, operating
in the territorial sea of the United States and for
specific types and sizes of vessels of the United
States operating on the high seas beyond the
territorial sea of the United States;
(3) may, from time to time, as necessary, adjust the
location or limits of designated fairways or traffic
separation schemes in order to accommodate the needs of
other uses that cannot be reasonably accommodated
otherwise, except that such an adjustment may not, in
the judgment of the Secretary, unacceptably adversely
affect the purpose for which the existing designation
was made and the need for which continues; and
(4) shall, through appropriate channels--
(A) notify cognizant international
organizations of any designation, or adjustment
thereof; and
(B) take action to seek the cooperation of
foreign States in making it mandatory for
vessels under their control to use, to the same
extent as required by the Secretary for vessels
of the United States, any fairway or traffic
separation scheme designated under this section
in any area of the high seas.
Sec. 70004. Considerations by Secretary
In carrying out the duties of the Secretary under sections
70001, 70002, and 70003, the Secretary shall--
(1) take into account all relevant factors concerning
navigation and vessel safety, protection of the marine
environment, and the safety and security of United
States ports and waterways, including--
(A) the scope and degree of the risk or
hazard involved;
(B) vessel traffic characteristics and
trends, including traffic volume, the sizes and
types of vessels involved, potential
interference with the flow of commercial
traffic, the presence of any unusual cargoes,
and other similar factors;
(C) port and waterway configurations and
variations in local conditions of geography,
climate, and other similar factors;
(D) the need for granting exemptions for the
installation and use of equipment or devices
for use with vessel traffic services for
certain classes of small vessels, such as self-
propelled fishing vessels and recreational
vessels;
(E) the proximity of fishing grounds, oil and
gas drilling and production operations, or any
other potential or actual conflicting activity;
(F) environmental factors;
(G) economic impact and effects;
(H) existing vessel traffic services; and
(I) local practices and customs, including
voluntary arrangements and agreements within
the maritime community; and
(2) at the earliest possible time, consult with and
receive and consider the views of representatives of
the maritime community, ports and harbor authorities or
associations, environmental groups, and other persons
who may be affected by the proposed actions.
Sec. 70005. International agreements
(a) Transmittal of Regulations.--The Secretary shall
transmit, via the Secretary of State, to appropriate
international bodies or forums, any regulations issued under
this subchapter, for consideration as international standards.
(b) Agreements.--The President is authorized and encouraged
to--
(1) enter into negotiations and conclude and execute
agreements with neighboring nations, to establish
compatible vessel standards and vessel traffic
services, and to establish, operate, and maintain
international vessel traffic services, in areas and
under circumstances of mutual concern; and
(2) enter into negotiations, through appropriate
international bodies, and conclude and execute
agreements to establish vessel traffic services in
appropriate areas of the high seas.
(c) Operations.--The Secretary, pursuant to any agreement
negotiated under subsection (b) that is binding upon the United
States in accordance with constitutional requirements, may--
(1) require vessels operating in an area of a vessel
traffic service to utilize or to comply with the vessel
traffic service, including the carrying or installation
of equipment and devices as necessary for the use of
the service; and
(2) waive, by order or regulation, the application of
any United States law or regulation concerning the
design, construction, operation, equipment, personnel
qualifications, and manning standards for vessels
operating in waters over which the United States
exercises jurisdiction if such vessel is not en route
to or from a United States port or place, and if
vessels en route to or from a United States port or
place are accorded equivalent waivers of laws and
regulations of the neighboring nation, when operating
in waters over which that nation exercises
jurisdiction.
(d) Ship Reporting Systems.--The Secretary, in cooperation
with the International Maritime Organization, may implement and
enforce two mandatory ship reporting systems, consistent with
international law, with respect to vessels subject to such
reporting systems entering the following areas of the Atlantic
Ocean:
(1) Cape Cod Bay, Massachusetts Bay, and Great South
Channel (in the area generally bounded by a line
starting from a point on Cape Ann, Massachusetts at 42
deg. 39, N., 70 deg. 37, W; then northeast to 42 deg.
45, N., 70 deg. 13, W; then southeast to 42 deg. 10,
N., 68 deg. 31, W, then south to 41 deg. 00, N., 68
deg. 31, W; then west to 41 deg. 00, N., 69 deg. 17, W;
then northeast to 42 deg. 05, N., 70 deg. 02, W, then
west to 42 deg. 04, N., 70 deg. 10, W; and then along
the Massachusetts shoreline of Cape Cod Bay and
Massachusetts Bay back to the point on Cape Ann at 42
deg. 39, N., 70 deg. 37, W).
(2) In the coastal waters of the Southeastern United
States within about 25 nm along a 90 nm stretch of the
Atlantic seaboard (in an area generally extending from
the shoreline east to longitude 80 deg. 51.6, W with
the southern and northern boundary at latitudes 30 deg.
00, N., 31 deg. 27, N., respectively).
SUBCHAPTER B--PORTS AND WATERWAYS SAFETY
Sec. 70011. Waterfront safety
(a) In General.--The Secretary may take such action as is
necessary to--
(1) prevent damage to, or the destruction of, any
bridge or other structure on or in the navigable waters
of the United States, or any land structure or shore
area immediately adjacent to such waters; and
(2) protect the navigable waters and the resources
therein from harm resulting from vessel or structure
damage, destruction, or loss.
(b) Actions Authorized.--Actions authorized by subsection (a)
include--
(1) establishing procedures, measures, and standards
for the handling, loading, unloading, storage, stowage,
and movement on a structure (including the emergency
removal, control, and disposition) of explosives or
other dangerous articles and substances, including oil
or hazardous material as those terms are defined in
section 2101;
(2) prescribing minimum safety equipment requirements
for a structure to assure adequate protection from
fire, explosion, natural disaster, and other serious
accidents or casualties;
(3) establishing water or waterfront safety zones, or
other measures, for limited, controlled, or conditional
access and activity when necessary for the protection
of any vessel, structure, waters, or shore area; and
(4) establishing procedures for examination to assure
compliance with the requirements prescribed under this
section.
(c) State Law.--Nothing in this section, with respect to
structures, prohibits a State or political subdivision thereof
from prescribing higher safety equipment requirements or safety
standards than those that may be prescribed by regulations
under this section.
Sec. 70012. Navigational hazards
(a) Reporting Procedure.--The Secretary shall establish a
program to encourage fishermen and other vessel operators to
report potential or existing navigational hazards involving
pipelines to the Secretary through Coast Guard field offices.
(b) Secretary's Response.--
(1) Notification by the operator of a pipeline.--Upon
notification by the operator of a pipeline of a hazard
to navigation with respect to that pipeline, the
Secretary shall immediately notify Coast Guard
headquarters, the Pipeline and Hazardous Materials
Safety Administration, other affected Federal and State
agencies, and vessel owners and operators in the
pipeline's vicinity.
(2) Notification by other persons.--Upon notification
by any other person of a hazard or potential hazard to
navigation with respect to a pipeline, the Secretary
shall promptly determine whether a hazard exists, and
if so shall immediately notify Coast Guard
headquarters, the Pipeline and Hazardous Materials
Safety Administration, other affected Federal and State
agencies, vessel owners and operators in the pipeline's
vicinity, and the owner and operator of the pipeline.
(c) Pipeline Defined.--For purposes of this section, the term
``pipeline'' has the meaning given the term ``pipeline
facility'' in section 60101(a)(18) of title 49.
Sec. 70013. Requirement to notify Coast Guard of release of objects
into the navigable waters of the United States
(a) Requirement.--As soon as a person has knowledge of any
release from a vessel or facility into the navigable waters of
the United States of any object that creates an obstruction
prohibited under section 10 of the Act of March 3, 1899,
popularly known as the Rivers and Harbors Appropriations Act of
1899 (33 U.S.C. 403), such person shall notify the Secretary
and the Secretary of the Army of such release.
(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
Sec. 70021. Conditions for entry to ports in the United States
(a) In General.--No vessel that is subject to chapter 37
shall operate in the navigable waters of the United States or
transfer cargo or residue in any port or place under the
jurisdiction of the United States, if such vessel--
(1) has a history of accidents, pollution incidents,
or serious repair problems that, as determined by the
Secretary, creates reason to believe that such vessel
may be unsafe or may create a threat to the marine
environment;
(2) fails to comply with any applicable regulation
issued under this chapter, chapter 37, or any other
applicable law or treaty;
(3) discharges oil or hazardous material in violation
of any law of the United States or in a manner or
quantities inconsistent with any treaty to which the
United States is a party;
(4) does not comply with any applicable vessel
traffic service requirements;
(5) is manned by one or more officers who are
licensed by a certificating State that the Secretary
has determined, pursuant to section 9101 of title 46,
does not have standards for licensing and certification
of seafarers that are comparable to or more stringent
than United States standards or international standards
that are accepted by the United States;
(6) is not manned in compliance with manning levels
as determined by the Secretary to be necessary to
insure the safe navigation of the vessel; or
(7) while underway, does not have at least one
licensed deck officer on the navigation bridge who is
capable of clearly understanding English.
(b) Exceptions.--
(1) In general.--The Secretary may allow provisional
entry of a vessel that is not in compliance with
subsection (a), if the owner or operator of such vessel
proves, to the satisfaction of the Secretary, that such
vessel is not unsafe or a threat to the marine
environment, and if such entry is necessary for the
safety of the vessel or persons aboard.
(2) Provisions not applicable.--Paragraphs (1), (2),
(3), and (4) of subsection (a) of this section shall
not apply to a vessel allowed provisional entry under
paragraph (1) if the owner or operator of such vessel
proves, to the satisfaction of the Secretary, that such
vessel is no longer unsafe or a threat to the marine
environment, and is no longer in violation of any
applicable law, treaty, regulation or condition, as
appropriate.
SUBCHAPTER D--DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY
POWERS, APPLICABILITY
Sec. 70031. Definitions
As used in this 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
resources thereof, and the waters superjacent
thereto; and
(D) the recreational, economic, and scenic
values of such waters and resources.
(2) The term ``Secretary'' means the Secretary of the
department in which the Coast Guard is operating,
except that such term means the Secretary of
Transportation with respect to the application of this
chapter to the Saint Lawrence Seaway.
(3) The term ``navigable waters of the United
States'' includes all waters of the territorial sea of
the United States as described in Presidential
Proclamation No. 5928 of December 27, 1988.
Sec. 70032. Saint Lawrence Seaway
The authority granted to the Secretary under sections 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 Development Corporation. Any other authority
granted the Secretary under this chapter shall be delegated by
the Secretary to the Saint Lawrence Seaway Development
Corporation to the extent the Secretary determines such
delegation is necessary for the proper operation of the Saint
Lawrence Seaway.
Sec. 70033. Limitation on application to foreign vessels
Except pursuant to international treaty, convention, or
agreement, to which the United States is a party, this chapter
shall not apply to any foreign vessel that is not destined for,
or departing from, a port or place subject to the jurisdiction
of the United States and that is in--
(1) innocent passage through the territorial sea of
the United States; or
(2) transit through the navigable waters of the
United States that form a part of an international
strait.
Sec. 70034. Regulations
(a) In general.--In accordance with section 553 of title 5,
the Secretary shall issue, and may from time to time amend or
repeal, regulations necessary to implement this chapter.
(b) Consultation.--In the exercise of the regulatory
authority under this chapter, the Secretary shall consult with,
and receive and consider the views of all interested persons,
including--
(1) interested Federal departments and agencies;
(2) officials of State and local governments;
(3) representatives of the maritime community;
(4) representatives of port and harbor authorities or
associations;
(5) representatives of environmental groups;
(6) any other interested persons who are
knowledgeable or experienced in dealing with problems
involving vessel safety, port and waterways safety, and
protection of the marine environment; and
(7) advisory committees consisting of all interested
segments of the public when the establishment of such
committees is considered necessary because the issues
involved are highly complex or controversial.
Sec. 70035. Investigatory powers
(a) Secretary.--The Secretary may investigate any incident,
accident, or act involving the loss or destruction of, or
damage to, any structure subject to this chapter, or that
affects or may affect the safety or environmental quality of
the ports, harbors, or navigable waters of the United States.
(b) Powers.--In an investigation under this section, the
Secretary may issue subpoenas to require the attendance of
witnesses and the production of documents or other evidence
relating to such incident, accident, or act. If any person
refuses to obey a subpoena, the Secretary may request the
Attorney General to invoke the aid of the appropriate district
court of the United States to compel compliance with the
subpoena. Any district court of the United States may, in the
case of refusal to obey a subpoena, issue an order requiring
compliance with the subpoena, and failure to obey the order may
be punished by the court as contempt. Witnesses may be paid
fees for travel and attendance at rates not exceeding those
allowed in a district court of the United States.
Sec. 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 this chapter or a regulation
issued under this chapter shall be liable to the United
States for a civil penalty, not to exceed $25,000 for
each violation. Each day of a continuing violation
shall constitute a separate violation. The amount of
such civil penalty shall be assessed by the Secretary,
or the Secretary's designee, by written notice. In
determining the amount of such penalty, the Secretary
shall take into account the nature, circumstances,
extent, and gravity of the prohibited acts committed
and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to
pay, and such other matters as justice may require.
(2) Compromise, modification, or remission.--The
Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty that is subject
to imposition or that has been imposed under this
section.
(3) Failure to pay penalty.--If any person fails to
pay an assessment of a civil penalty after it has
become final, the Secretary may refer the matter to the
Attorney General of the United States, for collection
in any appropriate district court of the United States.
(b) Criminal Penalty.--
(1) Class d felony.--Any person who willfully and
knowingly violates this chapter or any regulation
issued hereunder commits a class D felony.
(2) Class c felony.--Any person who, in the willful
and knowing violation of this chapter or of any
regulation issued under this chapter, uses a dangerous
weapon, or engages in conduct that causes bodily injury
or fear of imminent bodily injury to any officer
authorized to enforce the provisions of this chapter or
the regulations issued under this chapter, commits a
class C felony.
(c) In Rem Liability.--Any vessel that is used in violation
of this chapter, or any regulations issued under this chapter,
shall be liable in rem for any civil penalty assessed pursuant
to subsection (a) and may be proceeded against in the United
States district court for any district in which such vessel may
be found.
(d) Injunction.--The United States district courts shall have
jurisdiction to restrain violations of this chapter or of
regulations issued under this chapter, for cause shown.
(e) Denial of Entry.--Except as provided in section 70021,
the Secretary may, subject to recognized principles of
international law, deny entry by any vessel that is not in
compliance with this chapter or the regulations issued under
this 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 exists to believe that the owner, operator, or
individual in charge may be subject to a penalty or
fine under this section, the Secretary of the Treasury,
upon the request of the Secretary, shall with respect
to such vessel refuse or revoke any clearance required
by section 60105 of title 46.
(2) Granting clearance refused or revoked.--Clearance
refused or revoked under this subsection may be granted
upon filing of a bond or other surety satisfactory to
the Secretary.
CHAPTER 701--PORT SECURITY
SUBCHAPTER I--GENERAL
Sec.
70101. Definitions.
* * * * * * *
70102a. Port, harbor, and coastal facility security.
* * * * * * *
SUBCHAPTER I--GENERAL
Sec. 70102a. Port, harbor, and coastal facility security
(a) General Authority.--The Secretary may take actions
described in subsection (b) to prevent or respond to an act of
terrorism against--
(1) an individual, vessel, or public or commercial
structure, that is--
(A) subject to the jurisdiction of the United
States; and
(B) located within or adjacent to the marine
environment; or
(2) a vessel of the United States or an individual on
board that vessel.
(b) Specific Authority.--Under subsection (a), the Secretary
may--
(1) carry out or require measures, including
inspections, port and harbor patrols, the establishment
of security and safety zones, and the development of
contingency plans and procedures, to prevent or respond
to acts of terrorism;
(2) recruit members of the Regular Coast Guard and
the Coast Guard Reserve and train members of the
Regular Coast Guard and the Coast Guard Reserve in the
techniques of preventing and responding to acts of
terrorism; and
(3) dispatch properly trained and qualified armed
Coast Guard personnel on vessels and public or
commercial structures on or adjacent to waters subject
to United States jurisdiction to deter or respond to
acts of terrorism or transportation security incidents,
as defined in section 70101 of title 46, United States
Code.
(c) Definitions, Administration, and Enforcement.--This
section shall be treated as part of chapter 700 for purposes of
sections 70031, 70032, 70034, 70035, and 70036.
* * * * * * *
SUBTITLE VIII--Miscellaneous
* * * * * * *
80701.sition, navigation, and timing..................................
* * * * * * *
CHAPTER 807--POSITION, NAVIGATION, AND TIMING
Sec.
80701. Land-based complementary and backup positioning, navigation, and
timing system.
SEC. 80701. LAND-BASED COMPLEMENTARY AND BACKUP POSITIONING,
NAVIGATION, AND TIMING SYSTEM
(a) eLORAN.--Subject to the availability of appropriations,
the Secretary shall provide for the establishment, sustainment,
and operation of a reliable land-based enhanced LORAN, or
eLORAN, positioning, navigation, and timing system.
(b) Purpose.--The purpose of the system established 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 100 kilohertz
signal and meet the one microsecond accuracy
requirement specified in the Federal Radio Navigation
Plan;
(5) be synchronized with coordinated universal time;
(6) be resilient and extremely difficult to disrupt
or degrade;
(7) be able to penetrate underground and inside
buildings;
(8) be capable of deployment to remote locations;
(9) take full advantage of the infrastructure of the
existing, unused Coast Guard long-range navigation
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 complementary
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 determined
necessary by the Secretary with respect to such
agencies.
(d) Request for Proposals.--
(1) In general.--Under authority granted by section
93(a)(25) of title 14, United States Code, and not
later than three months after the date of enactment of
this section, the Secretary shall publish a request for
proposals by non-Federal persons for the development,
building, and operation of the system described in
subsection (c).
(2) Elements.--Proposals submitted under this
subsection shall include, at a minimum--
(A) an eLORAN system architecture; and
(B) a timetable for the delivery of--
(i) a nationwide backup timing signal
not later than two years after the last
date on which proposals are accepted
under the request published under
paragraph (1); and
(ii) a nationwide position and
navigation signal not later than three
years after such date.
(e) Selection.--Using competitive procedures similar to those
authorized under section 2667 of title 10, the Secretary may
select a proposal from proposals received in response to the
request for proposals under subsection (d).
(f) Agreement.--
(1) In general.--The Secretary may enter into a
cooperative agreement (as that term is used in section
6305 of title 31) with an entity upon such terms as the
Secretary determines will carry out the purpose of the
system under subsection (b).
(2) Content.--An agreement under this subsection
shall--
(A) require the Secretary to provide the
entity--
(i) access to existing infrastructure
and facilities described in subsection
(c)(9) and provided as Government-
furnished property (as that term is
defined in section 45.101 of the
Federal Acquisition Regulation, as in
effect on the date of the enactment of
the Coast Guard Authorization Act of
2017), for a minimum of 20 years;
(ii) full use of the necessary
electromagnetic spectrum wavelength
associated with the LORAN-C system for
use by the system required under
subsection (a) and provided as such
Government-furnished property; and
(iii) approval for the reconstruction
of towers that are part of the
infrastructure described in subsection
(c)(9);
(B) specify that all necessary capital
expenditures be made by the entity;
(C) set performance standards for the signals
transmitted by the system;
(D) require the Secretary to monitor and
ensure the signals transmitted by the system
conform to the performance standards of the
agreement and are safe for use;
(E) set the terms under which the Secretary
has access to such signals;
(F) subject to any national security
requirements established by the Secretary of
Defense and so long as activities described in
clauses (i) and (ii) of subsection (B) do not
interfere with the primary purpose of providing
positioning, navigation, and timing services,
allow the entity to--
(i) market, promote, and sell eLORAN
positioning, navigation, and timing
services to commercial and
noncommercial third parties; and
(ii) generate revenue from such sale
to non-Federal third parties of
communications and other related
services that result from the use of
Government facilities and spectrum
provided under this paragraph;
(G) require the entity pay to the United
States a portion of revenue received by the
entity under subparagraph (F);
(H) require the entity to assume all
financial risk for the completion and
operational capability of the eLORAN system and
may require a performance bond from the entity
to guarantee that risk;
(I) require the entity to assist
international organizations and foreign
governments on issues related to eLORAN and
similar systems; and
(J) include such other terms and conditions
as the Secretary determines to be necessary to
carry out the purposes of this section.
(3) Revenue sharing requirement.--
(A) In general.--The requirement under
paragraph (2)(G) shall require the entity to
pay to the United States an equitable share of
the revenue generated by the entity under
paragraph (2)(F), in the fiscal year following
the fiscal year in which such revenue is
generated.
(B) Amount.--The amount of such payments
shall take into account--
(i) the capital investment by the
entity to build the system and annual
costs incurred by the entity to operate
and maintain the system; and
(ii) the capital and operating
expenses incurred by the entity to
upgrade the eLORAN system and related
systems over the effective period of
the agreement.
(4) Effective date of risk requirement.--The
requirement in paragraph (2)(H) shall be contingent
upon, and take effect upon, the Secretary determining
that the requirements under paragraph (2)(A) have been
fulfilled.
(g) CERCLA Not Affected.--This section shall not be construed
to limit the application of or otherwise affect section 120(h)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)) for Federal
Government facilities described in subsection (c)(9).
(h) Biennial Report to Congress.--Not later than one year
after the date on which an agreement with an entity is entered
into under subsection (f), and biennially thereafter, the
Secretary shall provide to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate--
(1) a report on the performance and progress of the
entity in fulfilling its obligations under the
agreement to build, operate and maintain the system
established under subsection (a); and
(2) an accounting of finances, expenses, and revenue
associated with such performance, including payments
made to the Secretary under section (f)(3).
(i) Definitions.--In this section:
(1) The term ``entity'' means a non-Federal entity
whose proposal is selected under subsection (e).
(2) The term ``Secretary'' means the Secretary of
Transportation, acting through the Commandant of the
Coast Guard.
* * * * * * *
----------
PORTS AND WATERWAYS SAFETY ACT
[Section 1. Short Title.
[This Act may be cited as the ``Ports and Waterways Safety
Act''.]
[Sec. 2. Statement of Policy.
[The Congress finds and declares--
[(a) that navigation and vessel safety, protection of the
marine environment, and safety and security of United States
ports and waterways are matters of major national importance;
[(b) that increased vessel traffic in the Nation's ports and
waterways creates substantial hazard to life, property, and the
marine environment;
[(c) that increased supervision of vessel and port operations
is necessary in order to--
[(1) reduce the possibility of vessel or cargo loss,
or damage to life, property, or the marine environment;
[(2) prevent damage to structures in, on, or
immediately adjacent to the navigable waters of the
United States or the resources within such waters;
[(3) insure that vessels operating in the navigable
waters of the United States shall comply with all
applicable standards and requirements for vessel
construction, equipment, manning, and operational
procedures; and
[(4) insure that the handling of dangerous articles
and substances on the structures in, on, or immediately
adjacent to the navigable waters of the United States
is conducted in accordance with established standards
and requirements; and
[(d) that advance planning is critical in determining proper
and adequate protective measures for the Nation's ports and
waterways and the marine environment, with continuing
consultation with other Federal agencies, State
representatives, affected users, and the general public, in the
development and implementation of such measures.
[Sec. 3. Definitions.-- As used in this Act, unless the
context otherwise requires--
[(1) ``Marine environment'' means the navigable
waters of the United States and the land and resources
therein and thereunder; the waters and fishery
resources of any area over which the United States
asserts exclusive fishery management authority; the
seabed and subsoil of the Outer Continental Shelf of
the United States, the resources thereof and the waters
superjacent thereto; and the recreational, economic,
and scenic values of such waters and resources.
[(2) ``Secretary'' means the Secretary of the
department in which the Coast Guard is operating,
except that ``Secretary'' means the Secretary of
Transportation with respect to the application of this
Act to the Saint Lawrence Seaway.
[(3) ``State'' includes each of the several States of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Canal Zone, Guam,
American Samoa, the United States Virgin Islands, the
Trust Territories of the Pacific Islands, the
Commonwealth of the Northern Marianas, and any other
commonwealth, territory, or possession of the United
States.
[(4) ``United States'', when used in geographical
context, means all the States thereof.
[(5) ``Navigable waters of the United States''
includes all waters of the territorial sea of the
United States as described in Presidential Proclamation
No. 5928 of December 27, 1988.
[Sec. 4. Vessel Operating Requirements.
[(a) In General.--Subject to the requirements of section 5,
the Secretary--
[(1) in any port or place under the jurisdiction of
the United States, in the navigable waters of the
United States, or in any area covered by an
international agreement negotiated pursuant to section
11, may construct, operate, maintain, improve, or
expand vessel traffic services, consisting of measures
for controlling or supervising vessel traffic or for
protecting navigation and the marine environment and
may include, but need not be limited to one or more of
the following: reporting and operating requirements,
surveillance and communications systems, routing
systems, and fairways;
[(2) shall require appropriate vessels which operate
in an area of a vessel traffic service to utilize or
comply with that service;
[(3) may require vessels to install and use specified
navigation equipment, communications equipment,
electronic relative motion analyzer equipment, or any
electronic or other device necessary to comply with a
vessel traffic service or which is necessary in the
interests of vessel safety: Provided, That the
Secretary shall not require fishing vessels under 300
gross tons as measured under section 14502 of title 46,
United States Code, or an alternate tonnage measured
under section 14302 of that title as prescribed by the
Secretary under section 14104 of that title 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 Act;
[(4) may control vessel traffic in areas subject to
the jurisdiction of the United States which the
Secretary determines to be hazardous, or under
conditions of reduced visibility, adverse weather,
vessel congestion, or other hazardous circumstances
by--
[(A) specifying times of entry, movement, or
departure;
[(B) establishing vessel traffic routing
schemes;
[(C) establishing vessel size, speed, draft
limitations and vessel operating conditions;
and
[(D) restricting operation, in any hazardous
area or under hazardous conditions, to vessels
which have particular operating characteristics
or capabilities which he considers necessary
for safe operation under the circumstances;
[(5) may require the receipt of prearrival messages
from any vessel, destined for a port or place subject
to the jurisdiction of the United States, in sufficient
time to permit advance vessel traffic planning prior to
port entry, which shall include any information which
is not already a matter of record and which the
Secretary determines necessary for the control of the
vessel and the safety of the port or the marine
environment; and
[(6) may prohibit the use on vessels of electronic or
other devices that interfere with communication and
navigation equipment, except that such authority shall
not apply to electronic or other devices certified to
transmit in the maritime services by the Federal
Communications Commission and used within the frequency
bands 157.1875-157.4375 MHz and 161.7875-162.0375 MHz.
[(b) 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 a anchor in a manner he directs if--
[(1) he has reasonable cause to believe such vessel
does not comply with any regulation issued under this
Act or any other applicable law or treaty;
[(2) he determines that such vessel does not satisfy
the conditions for port entry set forth in section 9;
or
[(3) by reason of weather, visibility, sea
conditions, port congestion, other hazardous
circumstances, or the condition of such vessel, he is
satisfied that such directive is justified in the
interest of safety.
[(c) Port Access Routes.--(1) 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, and subject to the requirements of paragraph (3)
hereof, the Secretary shall designate necessary fairways and
traffic separation schemes for vessels operating in the
territorial sea of the United States and in high seas
approaches, outside the territorial sea, to such ports or
places. Such a designation shall recognize, within the
designated area, the paramount right of navigation over all
other uses.
[(2) No designation may be made by the Secretary pursuant to
this subsection, if such a designation, as implemented, would
deprive any person of the effective exercise of a right granted
by a lease or permit executed or issued under other applicable
provisions of law: Provided, That such right has become vested
prior to the time of publication of the notice required by
clause (A) of paragraph (3) hereof: Provided further, That the
determination as to whether the designation would so deprive
any such person shall be made by the Secretary, after
consultation with the responsible official under whose
authority the lease was executed or the permit issued.
[(3) Prior to making a designation pursuant to paragraph (1)
hereof, and in accordance with the requirements of section 5,
the Secretary shall--
[(A) within six months after date of enactment of
this Act (and may, from time to time thereafter),
undertake a study of the potential traffic density and
the need for safe access routes for vessels in any area
for which fairways or traffic separation schemes are
proposed or which may otherwise be considered and shall
publish notice of such undertaking in the Federal
Register;
[(B) in consultation with the Secretary of State, the
Secretary of the Interior, the Secretary of Commerce,
the Secretary of the Army, and the Governors of
affected States, as their responsibilities may require,
take into account all other uses of the area under
consideration (including, as appropriate, the
exploration for, or exploitation of, oil, gas, or other
mineral resources, the construction or operation of
deepwater ports or other structures on or above the
seabed or subsoil of the submerged lands or the Outer
Continental Shelf of the United States, the
establishment or operation of marine or estuarine
sanctuaries, and activities involving recreational or
commercial fishing); and
[(C) to the extent practicable, reconcile the need
for safe access routes with the needs of all other
reasonable uses of the area involved.
[(4) In carrying out his responsibilities under paragraph
(3), the Secretary shall proceed expeditiously to complete any
study undertaken. Thereafter, he shall promptly issue a notice
of proposed rulemaking for the designation contemplated or
shall have published in the Federal Register a notice that no
designation is contemplated as a result of the study and the
reason for such determination.
[(5) In connection with a designation made pursuant to this
subsection, the Secretary--
[(A) shall issue reasonable rules and regulations
governing the use of such designated areas, including
the applicability of rules 9 and 10 of the
International Regulations for Preventing Collisions at
Sea, 1972, relating to narrow channels and traffic
separation schemes, respectively, in waters where such
regulations apply;
[(B) to the extent that he finds reasonable and
necessary to effectuate the purposes of the
designation, make the use of designated fairways and
traffic separation schemes mandatory for specific types
and sizes of vessels, foreign and domestic, operating
in the territorial sea of the United States and for
specific types and sizes of vessels of the United
States operating on the high seas beyond the
territorial sea of the United States;
[(C) may, from time to time, as necessary, adjust the
location or limits of designated fairways or traffic
separation schemes, in order to accommodate the needs
of other uses which cannot be reasonably accommodated
otherwise: Provided, That such an adjustment will 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
[(D) shall, through appropriate channels, (i) notify
cognizant international organizations of any
designation, or adjustment thereof, and (ii) take
action to seek the cooperation of foreign States in
making it mandatory for vessels under their control to
use any fairway or traffic separation scheme designated
pursuant to this subsection in any area of the high
seas, to the same extent as required by the Secretary
for vessels of the United States.
[(d) Exception.--Except pursuant to international treaty,
convention, or agreement, to which the United States is a
party, this Act shall not apply to any foreign vessel that is
not destined for, or departing from, a port or place subject to
the jurisdiction of the United States and that is in--
[(1) innocent passage through the territorial sea of
the United States, or
[(2) transit through the navigable waters of the
United States which form a part of an international
strait.
[(e) Cooperative Agreements.--(1) The Secretary may enter
into cooperative agreements with public or private agencies,
authorities, associations, institutions, corporations,
organizations, or other persons to carry out the functions
under subsection (a)(1).
[(2) A nongovernmental entity may not under this subsection
carry out an inherently governmental function.
[(3) As used in this paragraph, the term ``inherently
governmental function'' means any activity that is so
intimately related to the public interest as to mandate
performance by an officer or employee of the Federal
Government, including an activity that requires either the
exercise of discretion in applying the authority of the
Government or the use of judgment in making a decision for the
Government.
[Sec. 5. Considerations by Secretary.
[In carrying out his duties and responsibilities under
section 4, the Secretary shall--
[(a) take into account all relevant factors concerning
navigation and vessel safety, protection of the marine
environment, and the safety and security of United States ports
and waterways, including but not limited to--
[(1) the scope and degree of the risk or hazard
involved;
[(2) vessel traffic characteristics and trends,
including traffic volume, the sizes and types of
vessels involved, potential interference with the flow
of commercial traffic, the presence of any unusual
cargoes, and other similar factors;
[(3) port and waterway configurations and variations
in local conditions of geography, climate, and other
similar factors;
[(4) 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;
[(5) the proximity of fishing grounds, oil and gas
drilling and production operations, or any other
potential or actual conflicting activity;
[(6) environmental factors;
[(7) economic impact and effects;
[(8) existing vessel traffic services; and
[(9) local practices and customs, including voluntary
arrangements and agreements within the maritime
community; and
[(b) at the earliest possible time, consult with and receive
and consider the views of representatives of the maritime
community, ports and harbor authorities or associations,
environmental groups, and other parties who may be affected by
the proposed actions.
[Sec. 6. Waterfront Safety.
[(a) In General.--The Secretary may take such action as is
necessary to--
[(1) prevent damage to, or the destruction of, any
bridge or other structure on or in the navigable waters
of the United States, or any land structure or shore
area immediately adjacent to such waters; and
[(2) protect the navigable waters and the resources
therein from harm resulting from vessel or structure
damage, destruction, or loss. Such action may include,
but need not be limited to--
[(A) establishing procedures, measures, and
standards for the handling, loading, unloading,
storage, stowage, and movement on the structure
(including the emergency removal, control, and
disposition) of explosives or other dangerous
articles and substances, including oil or
hazardous material as those terms are defined
in section 4417a of the Revised Statutes, as
amended;
[(B) prescribing minimum safety equipment
requirements for the structure to assure
adequate protection from fire, explosion,
natural disaster, and other serious accidents
or casualties;
[(C) 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
[(D) establishing procedures for examination
to assure compliance with the requirements
prescribed under this section.
[(b) State Law.--Nothing contained in this section, with
respect to structures, prohibits a State or political
subdivision thereof from prescribing higher safety equipment
requirements or safety standards than those which may be
prescribed by regulations hereunder.
[Sec. 8. Investigatory Powers.
[(a) Secretary.--The Secretary may investigate any incident,
accident, or act involving the loss or destruction of, or
damage to, any structure subject to this Act, or which affects
or may affect the safety or environmental quality of the ports,
harbors, or navigable waters of the United States.
[(b) Powers.--In an investigation under this section, the
Secretary may issue subpenas to require the attendance of
witnesses and the production of documents or other evidence
relating to such incident, accident, or act. If any person
refuses to obey a subpena, 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
subpena. Any district court of the United States may, in the
case of refusal to obey a subpena, issue an order requiring
compliance with the subpena, and failure to obey the order may
be punished by the court as contempt. Witnesses may be paid
fees for travel and attendance at rates not exceeding those
allowed in a district court of the United States.
[Sec. 9. Conditions for Entry to Ports of the United States.
[(a) In General.--No vessel, subject to the provisions of
chapter 37 of title 46, United States Code, shall operate in
the navigable waters of the United States or transfer cargo or
residue in any port or place under the jurisdiction of the
United States, if such vessel--
[(1) has a history of accidents, pollution incidents,
or serious repair problems which, as determined by the
Secretary, creates reason to believe that such vessel
may be unsafe or may create a threat to the marine
environment; or
[(2) fails to comply with any applicable regulation
issued under this Act, under chapter 37 of title 46,
United States Code, or under any other applicable law
or treaty; or
[(3) discharges oil or hazardous material in
violation of any law of the United States or in a
manner or quantities inconsistent with the provisions
of any treaty to which the United States is a party; or
[(4) does not comply with any applicable vessel
traffic service requirements; or
[(5) is manned by one or more officers who are
licensed by a certificating state which the Secretary
has determined, pursuant to section 9101 of title 46,
United States Code, does not have standards for
licensing and certification of seafarers which are
comparable to or more stringent than United States
standards or international standards which are accepted
by the United States; or
[(6) is not manned in compliance with manning levels
as determined by the Secretary to be necessary to
insure the safe navigation of the vessel; or
[(7) while underway, does not have at least one
licensed deck officer on the navigation bridge who is
capable of clearly understanding English.
[(b) Exceptions.--The Secretary may allow provisional entry
of a vessel not in compliance with subsection (a), if the owner
or operator of such vessel proves, to the satisfaction of the
Secretary, that such vessel is not unsafe or a threat to the
marine environment, and if such entry is necessary for the
safety of the vessel or persons aboard. In addition, paragraphs
(1), (2), (3), and (4) of subsection (a) shall not apply if the
owner or operator of such vessel proves, to the satisfaction of
the Secretary, that such vessel is no longer unsafe or a threat
to the marine environment, and is no longer in violation of any
applicable law, treaty, regulation or condition, as
appropriate. Clauses (5) and (6) of subsection (a) shall become
applicable eighteen months after the effective date of this
section.
[Sec. 10. Applicability.
[This Act shall not apply to the Panama Canal. The authority
granted to the Secretary under sections 4, 5, and 6 of this Act
shall not be delegated with respect to the Saint Lawrence
Seaway to any agency other than the Saint Lawrence Seaway
Development Corporation. Any other authority granted the
Secretary under this Act shall be delegated to the Saint
Lawrence Seaway Development Corporation to the extent he
determines such delegation is necessary for the proper
operation of the Saint Lawrence Seaway.
[Sec. 11. International Agreements.
[(a) Transmittal of Regulations.--The Secretary shall
transmit, via the Secretary of State, to appropriate
international bodies or forums, any regulations issued under
this Act, for consideration as international standards.
[(b) Agreements.--The President is authorized and encouraged
to--
[(1) enter into negotiations and conclude and execute
agreements with neighboring nations, to establish
compatible vessel standards and vessel traffic
services, and to establish, operate, and maintain
international vessel traffic services, in areas and
under circumstances of mutual concern; and
[(2) enter into negotiations, through appropriate
international bodies, and conclude and execute
agreements to establish vessel traffic services in
appropriate areas of the high seas.
[(c) Operations.--The Secretary, pursuant to any agreement
negotiated under subsection (b) which is binding upon the
United States in accordance with constitutional requirements,
may--
[(1) require vessels in the vessel traffic service
area to utilize or to comply with the vessel traffic
service, including the carrying or installation of
equipment and devices as necessary for the use of the
service; and
[(2) waive, by order or regulation, the application
of any United States law or regulation concerning the
design, construction, operation, equipment, personnel
qualifications, and manning standards for vessels
operating in waters over which the United States
exercises jurisdiction if such vessel is not en route
to or from a United States port or place, and if
vessels en route to or from a United States port or
place are accorded equivalent waivers of laws and
regulations of the neighboring nation, when operating
in waters over which that nation exercises
jurisdiction.
[(d) Ship Reporting Systems.--The Secretary, in cooperation
with the International Maritime Organization, is authorized to
implement and enforce two mandatory ship reporting systems,
consistent with international law, with respect to vessels
subject to such reporting systems entering the following areas
of the Atlantic Ocean: Cape Cod Bay, Massachusetts Bay, and
Great South Channel (in the area generally bounded by a line
starting from a point on Cape Ann, Massachusetts at 42 deg. 39,
N., 70 deg. 37, W; then northeast to 42 deg. 45, N., 70 deg.
13, W; then southeast to 42 deg. 10, N., 68 deg. 31 W, then
south to 41 deg. 00, N., 68 deg. 31, W; then west to 41 deg.
00, N., 69 deg. 17, W; then northeast to 42 deg. 05, N., 70
deg. 02, W, then west to 42 deg. 04, N., 70 deg. 10, W; and
then along the Massachusetts shoreline of Cape Cod Bay and
Massachusetts Bay back to the point on Cape Ann at 42 deg. 39,
N., 70 deg. 37, W) and in the coastal waters of the
Southeastern United States within about 25 nm along a 90 nm
stretch of the Atlantic seaboard (in an area generally
extending from the shoreline east to longitude 80 deg. 51.6, W
with the southern and northern boundary at latitudes 30 deg.
00, N., 31 deg. 27, N., respectively).
[Sec. 12. Regulations.
[(a) In General.--In accordance with the provisions of
section 553 of title 5, United States Code, as amended, the
Secretary shall issue, and may from time to time amend or
repeal, regulations necessary to implement this Act.
[(b) Procedures.--The Secretary, in the exercise of this
regulatory authority, shall establish procedures for consulting
with, and receiving and considering the views of all interested
parties, including--
[(1) interested Federal departments and agencies,
[(2) officials of State and local governments,
[(3) representatives of the maritime community,
[(4) representatives of port and harbor authorities
or associations,
[(5) representatives of environmental groups,
[(6) any other interested parties who are
knowledgeable or experienced in dealing with problems
involving vessel safety, port and waterways safety, and
protection of the marine environment, and
[(7) advisory committees consisting of all interested
segments of the public when the establishment of such
committees is considered necessary because the issues
involved are highly complex or controversial.
[Sec. 13. Enforcement.
[(a) Civil Penalty.--(1) Any person who is found by the
Secretary, after notice and an opportunity for a hearing, to
have violated this Act or a regulation issued hereunder shall
be liable to the United States for a civil penalty, not to
exceed $25,000 for each violation. Each day of a continuing
violation shall constitute a separate violation. The amount of
such civil penalty shall be assessed by the Secretary, or his
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) The Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty which is subject to
imposition or which has been imposed under this section.
[(3) If any person 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) Any person who willfully and
knowingly violates this Act or any regulation issued hereunder
commits a class D felony.
[(2) Any person who, in the willfull and knowing violation of
this Act or of any regulation issued hereunder, uses a
dangerous weapon, or engages in conduct that causes bodily
injury or fear of imminent bodily injury to any officer
authorized to enforce the provisions of this Act or the
regulations issued hereunder, commits a class C felony.
[(c) In Rem Liability.--Any vessel subject to the provisions
of this Act, which is used in violation of this Act, or any
regulations issued hereunder, shall be liable in rem for any
civil penalty assessed pursuant to subsection (a) and may be
proceeded against in the United States district court for any
district in which such vessel may be found.
[(d) Injunction.--The United States district courts shall
have jurisdiction to restrain violations of this Act or of
regulations issued hereunder, for cause shown.
[(e) Denial of Entry.--Except as provided in section 9, the
Secretary may, subject to recognized principles of
international law, deny entry into the navigable waters of the
United States or to any port or place under the jurisdiction of
the United States to any vessel not in compliance with the
provisions of this Act or the regulations issued hereunder.
[(f) Withholding of Clearance.--(1) If any owner, operator,
or individual in charge of a vessel is liable for a penalty or
fine under this section, or if reasonable cause exists to
believe that the owner, operator, or individual in charge may
be subject to a penalty or fine under this section, the
Secretary of the Treasury, upon the request of the Secretary,
shall with respect to such vessel refuse or revoke any
clearance required by section 4197 of the Revised Statutes of
the United States (46 App. U.S.C. 91).
[(2) Clearance refused or revoked under this subsection may
be granted upon filing of a bond or other surety satisfactory
to the Secretary.
[SEC. 14. NAVIGATIONAL HAZARDS.
[(a) Reporting Procedure.--The Secretary shall establish a
program to encourage fishermen and other vessel operators to
report potential or existing navigational hazards involving
pipelines to the Secretary through Coast Guard field offices.
[(b) Secretary's Response.--(1) 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 Office of Pipeline Safety, other
affected Federal and State agencies, and vessel owners and
operators in the pipeline's vicinity.
[(2) 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
Office of Pipeline Safety, other affected Federal and State
agencies, vessel owners and operators in the pipeline's
vicinity, and the owner and operator of the pipeline.
[(c) Establishment of Standards.--The Secretary shall, within
six months after the date of enactment of this section,
establish standards, for the purposes of this section, for what
constitutes a hazard to navigation.
[(d) Definition.--For purposes of this section, the term
``pipelines'' has the meaning given the term ``pipeline
facilities'' in the Natural Gas Pipeline Safety Act of 1968 and
the Hazardous Liquid Pipeline Safety Act of 1979.
[SEC. 15. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO
THE NAVIGABLE WATERS OF THE UNITED STATES.
[(a) Requirement.--As soon as a person has knowledge of any
release from a vessel or facility into the navigable waters of
the United States of any object that creates an obstruction
prohibited under section 10 of the Act of March 3, 1899,
popularly known as the Rivers and Harbors Appropriations Act of
1899 (33 U.S.C. 403), such person shall notify the Secretary
and the Secretary of the Army of such release.
[(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.]
----------
COAST GUARD AUTHORIZATION ACT OF 1991
* * * * * * *
[SEC. 18. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.
[(a)(1) There is established a Houston-Galveston Navigation
SafetyAdvisory Committee (hereinafter referred to as the
``Committee'').The Committee shall advise, consult with, and
make recommendations to the Secretary of the department in
which the Coast Guard isoperating (hereinafter in this part
referred to as the ``Secretary'') onmatters relating to the
transit of vessels and products to and fromthe Ports of
Galveston, Houston, Texas City, and Galveston Bay. TheSecretary
shall, whenever practicable, consult with the Committeebefore
taking any significant action related to navigation safety
atthese port facilities. Any advice or recommendation made by
theCommittee to the Secretary shall reflect the independent
judgmentof the Committee on the matter concerned.
[(2) The Committee is authorized to make available to
Congressany information, advice, and recommendations
that the Committeeis authorized to give to the
Secretary. The Committee shall meet atthe call of the
Secretary, but in any event not less than once
duringeach calendar year. All matters relating to or
proceedings of theCommittee shall comply with the
Federal Advisory Committee Act(5 App. U.S.C.).
[(b) The Committee shall consist of 19 members, who
haveparticular expertise, knowledge, and experience regarding
thetransportation, equipment, and techniques that are used to
shipcargo and to navigate vessels in the inshore and the
offshore watersof the Gulf of Mexico:
[(1) Two members who are employed by the Port of
HoustonAuthority or have been selected by that entity
to representthem.
[(2) Two members who are employed by the Port of
Galvestonor the Texas City Port Complex or have been
selected by thoseentities to represent them.
[(3) Two members from organizations that represent
shipowners,stevedores, shipyards, or shipping
organizations domiciledin the State of Texas.
[(4) Two members representing organizations that
operate tugsor barges that utilize the port facilities
at Galveston, Houston,and Texas City Port Complex.
[(5) Two members representing shipping companies that
transportcargo from the Ports of Galveston and Houston
on liners,break bulk, or tramp steamer vessels.
[(6) Two members representing those who pilot or
commandvessels that utilize the Ports of Galveston and
Houston.
[(7) Two at-large members who may represent a
particularinterest group but who utilize the port
facilities at Galveston,Houston, and Texas City.
[(8) One member representing labor organizations
which loadand unload cargo at the Ports of Galveston
and Houston.
[(9) One member representing licensed merchant
mariners,other than pilots, who perform shipboard
duties on vesselswhich utilize the port facilities of
Galveston and Houston.
[(10) One member representing environmental
interests.
[(11) One member representing the general public.
[(12) One member representing recreational
boatinginterests.
[(c) The Secretary shall appoint the members of the
Committeeafter first soliciting nominations by notice published
in the FederalRegister. The Secretary may request the head of
any other Federalagency or department to designate a
representative to advise theCommittee on matters within the
jurisdiction of that agency ordepartment.
[(d) The Committee shall elect, by majority vote at its first
meeting,one of the members of the Committee as the chairman and
one ofthe members as the vice chairman. The vice chairman shall
act as chairman in the absence or incapacity of, or in the
event of avacancy in the Office of the Chairman.
[(e) Terms of members appointed to the Committee shall be for
twoyears. The Secretary shall, not less often than once a year,
publish notice in the Federal Register for solicitation of
nominations formembership on the Committee.
[(f) Members of the Committee who are not officers or
employees ofthe United States shall serve without pay and
members of theCommittee who are officers or employees of the
United States shallreceive no additional pay on account of
their service on the Committee.While away from their homes or
regular places of business,members of the Committee may be
allowed travel expenses, includingper diem in lieu of
subsistence, as authorized by section 5703 oftitle 5, United
States Code.
[(h) The Committee shall terminate on September 30, 2020.]
* * * * * * *
[SEC. 27. SHIP SHOAL LIGHTHOUSE TRANSFER.
[Notwithstanding another law, the Secretary of
Transportationshall transfer without consideration to the city
of Benvick, Louisiana,all rights, title, and interest of the
United States in the aid tonavigation structure known as the
Ship Shoal Lighthouse,Louisiana.
* * * * * * *
----------
ACT OF AUGUST 18, 1894
AN ACT Making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors, and for
other purposes.
* * * * * * *
Sec. 5. (a) That it shall be the duty of all persons owning,
operating, and tending the drawbridges now built, or which may
hereafter be built across the navigable rivers and other waters
of the United States, to open, or cause to be opened, the draws
of such bridges under such rules and regulations as in the
opinion of the Secretary of the department in which the Coast
Guard is operating the public interests require to govern the
opening of drawbridges for the passage of vessels and other
water crafts, and such rules and regulations, when so made and
published, shall have the force of law. Every such person who
shall willfully fail or refuse to open, or cause to be opened,
the dram of any such bridge for the passage of a boat or boats,
as provided in such regulations, shall be deemed guilty of a
misdemeanor, and on conviction thereof shall be punished by a
fine of not more than two thousand dollars nor less one
thousand dollars, or by imprisonment (in the case of a natural
person) for not exceeding one year, or by both such fine and
imprisonment, in the discretion of the court: Provided, That
the proper action to enforce the provisions of this subsection
may be commenced before any commissioner, judge, or court of
the United States, and such commissioner, judge, or court shall
proceed in respect thereto as authorized by law in case of
crimes against the United States: Provided further, That
whenever, in the opinion of the Secretary of the department in
which the Coast Guard is operating, the public interests
require it, he may make rules and regulations to govern the
opening of drawbridges for the passage of vessels and other
water crafts, and such rules and regulations, when so made and
published, shall have the force of law, and any willful
violation thereof shall be punished as hereinbefore provided.
Any rules and regulations made in pursuance of this section
shall, to the extent practical and feasible, provide for
regularly scheduled openings of drawbridges during seasons of
the year, and during times of the day, when scheduled openings
would help reduce motor vehicle traffic delays and congestion
on roads and highways linked by drawbridges.
(b) No vessel owner or operator shall signal a drawbridge to
open for any nonstructural vessel appurtenance which is not
essential to navigation or which is easily lowered and no
person shall unreasonably delay the opening of a draw after the
signal required by rules or regulations under this section has
been given. The Secretary of the department in which the Coast
Guard is operating shall issue rules and regulations to
implement this subsection.
(c) Whoever violates any rule or regulation issued under
subsection (a) or (b), shall be liable to a civil penalty of
not more than $5,000 for a violation occurring in 2004; $10,000
for a violation occurring in 2005; $15,000 for a violation
occurring in 2006; $20,000 for a violation occurring in 2007;
and $25,000 for a violation occurring in 2008 and any year
thereafter. No penalty may be assessed under this subsection
until the person charged is given notice and an opportunity for
a hearing on the charge. The Secretary of the department in
which the Coast Guard is operating may assess and collect any
civil penalty incurred under this subsection and, in his
discretion, may remit, mitigate, or compromise any penalty
until the matter is referred to the Attorney General. If a
person against whom a civil penalty is assessed under this
subsection fails to pay that penalty, an action may be
commenced in the district court of the United States for any
district in which the violation occurs for such penalty.
(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 subject to the rule
making requirements of section 553 of title 5, United
States Code.
(2) Alternate requirements.--
(A) Duties of secretary.--The Secretary 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 such
drawbridge shall provide notice of such a
change to--
(i) the general public, through
publication in a newspaper of general
circulation;
(ii) the Department of Transportation
or other public agency with
administrative jurisdiction over the
roadway that abuts the approach to such
bridge; and
(iii) the law enforcement
organization with jurisdiction over the
roadway that abuts the approach to such
bridge.
* * * * * * *
----------
MARINE DEBRIS RESEARCH, PREVENTION, AND REDUCTION ACT
* * * * * * *
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal year
2006 through 2010[--]
[(1)] to the Administrator for carrying out sections
3 and 6, $10,000,000, of which no more than 10 percent
may be for administrative costs[; and].
[(2) to the Secretary of the Department in which the
Coast Guard is operating, for the use of the Commandant
of the Coast Guard in carrying out section 4,
$2,000,000, of which no more than 10 percent may be
used for administrative costs.]
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.
----------
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle H--Miscellaneous Provisions
* * * * * * *
SEC. 888. PRESERVING COAST GUARD MISSION PERFORMANCE.
(a) Definitions.--In this section:
(1) Non-homeland security missions.--The term ``non-
homeland security missions'' means the following
missions of the Coast Guard:
(A) Marine safety.
(B) Search and rescue.
(C) Aids to navigation.
(D) Living marine resources (fisheries law
enforcement).
(E) Marine environmental protection.
(F) Ice operations.
(2) Homeland security missions.--The term ``homeland
security missions'' means the following missions of the
Coast Guard:
(A) Ports, waterways and coastal security.
(B) Drug interdiction.
(C) Migrant interdiction.
(D) Defense readiness.
(E) Other law enforcement.
(b) Transfer.--There are transferred to the Department the
authorities, functions, personnel, and assets of the Coast
Guard, which shall be maintained as a distinct entity within
the Department, including the authorities and functions of the
Secretary of Transportation relating thereto.
(c) Maintenance of Status of Functions and Assets.--
Notwithstanding any other provision of this Act, the
authorities, functions, and capabilities of the Coast Guard to
perform its missions shall be maintained intact and without
significant reduction after the transfer of the Coast Guard to
the Department, except as specified in subsequent Acts.
(d) Certain Transfers Prohibited.--No mission, function, or
asset (including for purposes of this subsection any ship,
aircraft, or helicopter) of the Coast Guard may be diverted to
the principal and continuing use of any other organization,
unit, or entity of the Department, except for details or
assignments that do not reduce the Coast Guard's capability to
perform its missions.
(e) Changes to Missions.--
(1) Prohibition.--The Secretary may not substantially
or significantly reduce the missions of the Coast Guard
or the Coast Guard's capability to perform those
missions, except as specified in subsequent Acts.
(2) Waiver.--The Secretary may waive the restrictions
under paragraph (1) for a period of not to exceed 90
days upon a declaration and certification by the
Secretary to Congress that a clear, compelling, and
immediate need exists for such a waiver. A
certification under this paragraph shall include a
detailed justification for the declaration and
certification, including the reasons and specific
information that demonstrate that the Nation and the
Coast Guard cannot respond effectively if the
restrictions under paragraph (1) are not waived.
(f) Direct Reporting to Secretary.--Upon the transfer of the
Coast Guard to the Department, the Commandant shall report
directly to the Secretary without being required to report
through any other official of the Department.
(g) Operation as a Service in the Navy.--None of the
conditions and restrictions in this section shall apply when
the Coast Guard operates as a service in the Navy under section
3 of title 14, United States Code.
[(h) Report on Accelerating the Integrated Deepwater
System.--Not later than 90 days after the date of enactment of
this Act, the Secretary, in consultation with the Commandant of
the Coast Guard, shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committees on Appropriations of the
Senate and the House of Representatives that--
[(1) analyzes the feasibility of accelerating the
rate of procurement in the Coast Guard's Integrated
Deepwater System from 20 years to 10 years;
[(2) includes an estimate of additional resources
required;
[(3) describes the resulting increased capabilities;
[(4) outlines any increases in the Coast Guard's
homeland security readiness;
[(5) describes any increases in operational
efficiencies; and
[(6) provides a revised asset phase-in time line.]
* * * * * * *
----------
SECTION 604 OF THE HOWARD COBLE COAST GUARD AND MARITIME TRANSPORTATION
ACT OF 2014
SEC. 604. WAIVERS.
(a) ``John Craig''.--
(1) In general.--Section 8902 of title 46, United
States Code, shall not apply to the vessel John Craig
(United States official number D1110613) when such
vessel is operating on the portion of the Kentucky
River, Kentucky, located at approximately mile point
158, in Pool Number 9, between Lock and Dam Number 9
and Lock and Dam Number 10.
(2) Application.--Paragraph (1) shall apply on and
after the date on which the Secretary of the department
in which the Coast Guard is operating determines that a
licensing requirement has been established under
Kentucky State law that applies to an operator of the
vessel John Craig.
(b) ``F/V Western Challenger''.--Notwithstanding section
12132 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may issue a
certificate of documentation with a coastwise endorsement and
fishery endorsement for the F/V Western Challenger (IMO number
5388108).
----------
OIL POLLUTION ACT OF 1990
* * * * * * *
SEC. 2. TABLE OF CONTENTS.
The contents of this Act are as follows:
TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 1001. Definitions.
* * * * * * *
TITLE V--PRINCE WILLIAM SOUND PROVISIONS
* * * * * * *
Sec. 5008. North Pacific Marine Research Institute.
Sec. 5009. Vessel response plans in the Arctic.
* * * * * * *
TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION
* * * * * * *
SEC. 1012. USES OF THE FUND.
(a) Uses Generally.--The Fund shall be available to the
President for--
(1) the payment of removal costs, including the costs
of monitoring removal actions, determined by the
President to be consistent with the National
Contingency Plan--
(A) by Federal authorities; or
(B) by a Governor or designated State
official under subsection (d);
(2) the payment of costs incurred by Federal, State,
or Indian tribe trustees in carrying out their
functions under section 1006 for assessing natural
resource damages and for developing and implementing
plans for the restoration, rehabilitation, replacement,
or acquisition of the equivalent of damaged resources
determined by the President to be consistent with the
National Contingency Plan;
(3) the payment of removal costs determined by the
President to be consistent with the National
Contingency Plan as a result of, and damages resulting
from, a discharge, or a substantial threat of a
discharge, of oil from a foreign offshore unit;
(4) the payment of claims in accordance with section
1013 for uncompensated removal costs determined by the
President to be consistent with the National
Contingency Plan or uncompensated damages;
(5) the payment of Federal administrative,
operational, and personnel costs and expenses
reasonably necessary for and incidental to the
implementation, administration, and enforcement of this
Act (including, but not limited to, sections
1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117,
5006, 8103, and title VII) and subsections (b), (c),
(d), (j), and (l) of section 311 of the Federal Water
Pollution Control Act (33 U.S.C. 1321), as amended by
this Act, with respect to prevention, removal, and
enforcement related to oil discharges, provided that--
(A) not more than $25,000,000 in each fiscal
year shall be available to the Secretary for
operating expenses incurred by the Coast Guard;
(B) not more than $15,000,000 in each fiscal
year shall be available to the Under Secretary
of Commerce for Oceans and Atmosphere for
expenses incurred by, and activities related
to, response and damage assessment capabilities
of the National Oceanic and Atmospheric
Administration;
(C) not more than $30,000,000 each year
through the end of fiscal year 1992 shall be
available to establish the National Response
System under section 311(j) of the Federal
Water Pollution Control Act, as amended by this
Act, including the purchase and prepositioning
of oil spill removal equipment; and
(D) not more than $27,250,000 in each fiscal
year shall be available to carry out title VII
of this Act; and
(6) the making of loans pursuant to the program
established under section 1013(f).
(b) Defense to Liability for Fund.--The Fund shall not be
available to pay any claim for removal costs or damages to a
particular claimant, to the extent that the incident, removal
costs, or damages are caused by the gross negligence or willful
misconduct of that claimant.
(c) Obligation of Fund by Federal Officials.--The President
may promulgate regulations designating one or more Federal
officials who may obligate money in accordance with subsection
(a).
(d) Access to Fund by State Officials.--
(1) Immediate removal.--In accordance with
regulations promulgated under this section, the
President, upon the request of the Governor of a State
or pursuant to an agreement with a State under
paragraph (2), may obligate the Fund for payment in an
amount not to exceed $250,000 for removal costs
consistent with the National Contingency Plan required
for the immediate removal of a discharge, or the
mitigation or prevention of a substantial threat of a
discharge, of oil.
(2) Agreements.--
(A) In general.--The President shall enter
into an agreement with the Governor of any
interested State to establish procedures under
which the Governor or a designated State
official may receive payments from the Fund for
removal costs pursuant to paragraph (1).
(B) Terms.--Agreements under this paragraph--
(i) may include such terms and
conditions as may be agreed upon by the
President and the Governor of a State;
(ii) shall provide for political
subdivisions of the State to receive
payments for reasonable removal costs;
and
(iii) may authorize advance payments
from the Fund to facilitate removal
efforts.
(e) Regulations.--The President shall--
(1) not later than 6 months after the date of the
enactment of this Act, publish proposed regulations
detailing the manner in which the authority to obligate
the Fund and to enter into agreements under this
subsection shall be exercised; and
(2) not later than 3 months after the close of the
comment period for such proposed regulations,
promulgate final regulations for that purpose.
(f) Rights of Subrogation.--Payment of any claim or
obligation by the Fund under this Act shall be subject to the
United States Government acquiring by subrogation all rights of
the claimant or State to recover from the responsible party.
[(g) Audits.--
[(1) In general.--The Comptroller General of the
United States shall conduct an audit, including a
detailed accounting of each disbursement from the Fund
in excess of $500,000 that is--
[(A) disbursed by the National Pollution Fund
Center and not reimbursed by the responsible
party; and
[(B) administered and managed by the
receiving Federal agencies, including final
payments made to agencies and contractors and,
to the extent possible, subcontractors.
[(2) Frequency.--The audits shall be conducted--
[(A) at least once every 3 years after the
date of enactment of the Coast Guard
Authorization Act of 2010 until 2016; and
[(B) at least once every 5 years after the
last audit conducted under subparagraph (A).
[(3) Submission of results.--The Comptroller shall
submit the results of each audit conducted under
paragraph (1) to--
[(A) the Senate Committee on Commerce,
Science, and Transportation;
[(B) the House of Representatives Committee
on Transportation and Infrastructure; and
[(C) the Secretary or Administrator of each
agency referred to in paragraph (1)(B).]
(h) Period of Limitations for Claims.--
(1) Removal costs.--No claim may be presented under
this title for recovery of removal costs for an
incident unless the claim is presented within 6 years
after the date of completion of all removal actions for
that incident.
(2) Damages.--No claim may be presented under this
section for recovery of damages unless the claim is
presented within 3 years after the date on which the
injury and its connection with the discharge in
question were reasonably discoverable with the exercise
of due care, or in the case of natural resource damages
under section 1002(b)(2)(A), if later, the date of
completion of the natural resources damage assessment
under section 1006(e).
(3) Minors and incompetents.--The time limitations
contained in this subsection shall not begin to run--
(A) against a minor until the earlier of the
date when such minor reaches 18 years of age or
the date on which a legal representative is
duly appointed for the minor, or
(B) against an incompetent person until the
earlier of the date on which such incompetent's
incompetency ends or the date on which a legal
representative is duly appointed for the
incompetent.
(i) Limitation on Payment for Same Costs.--In any case in
which the President has paid an amount from the Fund for any
removal costs or damages specified under subsection (a), no
other claim may be paid from the Fund for the same removal
costs or damages.
(j) Obligation in Accordance With Plan.--
(1) In general.--Except as provided in paragraph (2),
amounts may be obligated from the Fund for the
restoration, rehabilitation, replacement, or
acquisition of natural resources only in accordance
with a plan adopted under section 1006(c).
(2) Exception.--Paragraph (1) shall not apply in a
situation requiring action to avoid irreversible loss
of natural resources or to prevent or reduce any
continuing danger to natural resources or similar need
for emergency action.
(k) Preference for Private Persons in Area Affected by
Discharge.--
(1) In general.--In the expenditure of Federal funds
for removal of oil, including for distribution of
supplies, construction, and other reasonable and
appropriate activities, under a contract or agreement
with a private person, preference shall be given, to
the extent feasible and practicable, to private persons
residing or doing business primarily in the area
affected by the discharge of oil.
(2) Limitation.--This subsection shall not be
considered to restrict the use of Department of Defense
resources.
(l) Reports.--
(1) In general.--[Within one year after the date of
enactment of the Coast Guard Authorization Act of 2010,
and annually thereafter,] Each year, on the date on
which the President submits to Congress a budget under
section 1105 of title 31, United States Code, the
President, through the Secretary of the Department in
which the Coast Guard is operating, shall--
(A) provide a report on disbursements for the
preceding fiscal year from the Fund, regardless
of whether those disbursements were subject to
annual appropriations, to--
(i) the Senate Committee on Commerce,
Science, and Transportation; and
(ii) the House of Representatives
Committee on Transportation and
Infrastructure; and
(B) make the report available to the public
on the National Pollution Funds Center Internet
website.
[(2) Contents.--The report shall include--
[(A) a list of each disbursement of $250,000
or more from the Fund during the preceding
fiscal year; and
[(B) a description of how each such use of
the Fund meets the requirements of subsection
(a).]
(2) Contents.--The report shall include--
(A) a list of each incident that--
(i) occurred in the preceding fiscal
year; and
(ii) resulted in disbursements from
the Fund, for removal costs and
damages, totaling $500,000 or more;
(B) a list of each incident that--
(i) occurred in the fiscal year
preceding the preceding fiscal year;
and
(ii) resulted in disbursements from
the Fund, for removal costs and
damages, totaling $500,000 or more; and
(C) an accounting of any amounts reimbursed
to the Fund in the preceding fiscal year that
were recovered from a responsible party for an
incident that resulted in disbursements from
the Fund, for removal costs and damages,
totaling $500,000 or more.
(3) Agency recordkeeping.--Each Federal agency that
receives amounts from the Fund shall maintain records
describing the purposes for which such funds were
obligated or expended in such detail as the Secretary
may require for purposes of the report required under
paragraph (1).
* * * * * * *
TITLE V--PRINCE WILLIAM SOUND PROVISIONS
* * * * * * *
SEC. 5009. VESSEL RESPONSE PLANS IN THE ARCTIC.
The Secretary of the department in which the Coast Guard is
operating may not approve a vessel response plan under section
311(j)(5) of the Federal Water Pollution Control Act for a
vessel operating in any area covered by the Captain of the Port
Zone, as established by the Secretary, that includes the Arctic
(as defined in section 112 of the Arctic Research and Policy
Act of 1984 (15 U.S.C. 4111)), unless the Secretary verifies
that--
(1) all equipment required to be available for
response under the plan has been tested and proven
capable of operating in the environment in which it is
intended to be operated, as determined by the
Secretary; and
(2) the oil spill removal organization identified in
the vessel response plan under section 311(j)(5) of the
Federal Water Pollution Control Act--
(A) has records of training for equipment
operators; and
(B) conducts a full equipment deployment
exercise in the area covered by the vessel
response plan at least once every 3 years,
except that the Secretary may waive a required
full equipment deployment exercise, upon
request of the organization, if the
organization implemented the vessel response
plan (including the deployment of equipment and
operators) during the preceding 3 years in
response to a discharge or substantial threat
of a discharge of oil.
* * * * * * *
