,,ib ,union ,calendar ,no4 #acc #aaeth ,,congress #ast ,session ,h4 ,r4 #beah ,report ,no4 #aae-aid ,,in ,,the ,,house ,,of ,,representatives ,may #ah1 #bjag ,mr4 ,hunter 7for himself1 ,mr4 ,garamendi1 ,mr4 ,shuster1 and ,mr4 ,de,fazio7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,june #bf1 #bjag ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,may #ah1 #bjag ,a ,,bill ,to authorize appropriations for the ,coast ,guard for fiscal years #bjah and #bjai1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,coast ,guard ,authorization ,act of #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,authorizations ,sec4 #aja4 ,authorizations of appropriations4 ,sec4 #ajb4 ,authorized levels of military strength and training4 ,title ,,ii--,coast ,guard ,sec4 #bja4 ,training2 public safety personnel4 ,sec4 #bjb4 ,commissioned service retirement4 ,sec4 #bjc4 ,officer promotion zones4 ,sec4 #bjd4 ,cross reference4 ,sec4 #bje4 ,repeal4 ,sec4 #bjf4 ,unmanned aircraft system4 ,sec4 #bjg4 ,coast ,guard health-care professionals2 licensure portability4 ,sec4 #bjh4 ,incentive contracts for ,coast ,guard yard and industrial establishments4 ,sec4 #bji4 ,maintaining cutters in class4 ,sec4 #baj4 ,congressional affairs2 ,director4 ,sec4 #baa4 ,contracting for major acquisitions programs4 ,sec4 #bab4 ,national ,security ,cutter4 ,sec4 #bac4 ,radar refresher training4 ,sec4 #bad4 ,repeal4 ,sec4 #bae4 ,extension of authority4 ,sec4 #baf4 ,authorization of amounts for ,fast ,response ,cutters4 ,sec4 #bag4 ,authorization of amounts for ice trials of icebreaker vessels4 ,sec4 #bah4 ,shoreside infrastructure4 ,title ,,iii--,ports and ,waterways ,safety ,act ,sec4 #cja4 ,codification of ,ports and ,waterways ,safety ,act4 ,sec4 #cjb4 ,conforming amendments4 ,sec4 #cjc4 ,transitional and savings provisions4 ,sec4 #cjd4 ,rule of construction4 ,sec4 #cje4 ,advisory ,committee3 ,repeal4 ,title ,,iv--,maritime ,transportation ,safety ,sec4 #dja4 ,clarification of logbook entries4 ,sec4 #djb4 ,technical corrections3 licenses1 certifications of registry1 and merchant mariner documents4 ,sec4 #djc4 ,numbering for undocumented barges4 ,sec4 #djd4 ,drawbridge deviation exemption4 ,sec4 #dje4 ,deadline for compliance with alternate safety compliance programs4 ,sec4 #djf4 ,authorization for marine debris program4 ,sec4 #djg4 ,alternative distress signals4 ,sec4 #djh4 ,atlantic ,coast ,port ,access ,route ,study recommendations4 ,sec4 #dji4 ,documentation of recreational vessels4 ,sec4 #daj4 ,certificates of documentation for recreational vessels4 ,sec4 #daa4 ,backup global positioning system4 ,sec4 #dab4 ,waters deemed not navigable waters of the ,united ,states for certain purposes4 ,sec4 #dac4 ,uninspected passenger vessels in ,st4 ,louis ,county1 ,minnesota4 ,sec4 #dad4 ,engine cut-off switch requirements4 ,sec4 #dae4 ,analysis of commercial fishing vessel classification requirements4 ,title ,v--,miscellaneous ,sec4 #eja4 ,repeal4 ,sec4 #ejb4 ,reimbursements for non-,federal construction costs of certain aids to navigation4 ,sec4 #ejc4 ,corrections to provisions enacted by ,coast ,guard ,authorization ,acts4 ,sec4 #ejd4 ,ship ,shoal ,lighthouse transfer3 ,repeal4 ,sec4 #eje4 ,coast ,guard maritime domain awareness4 ,sec4 #ejf4 ,towing safety management system fees4 ,sec4 #ejg4 ,oil spill disbursements auditing and report4 ,sec4 #ejh4 ,land exchange1 ,ayakulik ,island1 ,alaska4 ,sec4 #eji4 ,vessel response plans in the ,arctic4 ,sec4 #eaj4 ,assessment of public comments on additional anchorages on the ,hudson ,river4 ,sec4 #eaa4 ,public safety answering points and maritime search and rescue coordination4 ,sec4 #eab4 ,documentation of ,america's ,finest4 ,i ,authorizations #aja4 ,authorizations of appropriations ,section #bgjb of title #ad1 ,united ,states ,code1 is amended3 7#a7 in the matter preceding paragraph 7#a71 by striking fiscal years #bjaf and #bjag and inserting fiscal years #bjah and #bjai2 7#b7 in paragraph 7#a71 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 #g1bfc1fih1cbh for fiscal year #bjah2 and 7,b7 #g1deb1eed1dhd for fiscal year #bjai4 2 7#c7 in paragraph 7#b71 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 #a1ide1jjj1jjj for fiscal year #bjah2 and 7,b7 #a1ide1jjj1jjj for fiscal year #bjai4 2 7#d7 in paragraph 7#c71 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 #acd1bcg1jjj for fiscal year #bjah2 and 7,b7 #acd1bcg1jjj for fiscal year #bjai4 2 7#e7 in paragraph 7#d71 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 #af1gja1jjj for fiscal year #bjah2 and 7,b7 #af1gja1jjj for fiscal year #bjai4 2 and 7#f7 in paragraph 7#e71 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 #cg1bfc1bid for fiscal year #bjah2 and 7,b7 #ch1bcb1adj for fiscal year #bjai4 4 #ajb4 ,authorized levels of military strength and training ,section #bgjd of title #ad1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking for each of fiscal years #bjaf and #bjag and inserting for fiscal year #bjah and an end-of-year strength for such personnel of #dd1ejj for fiscal year #bjai2 and 7#b7 in subsection 7b71 by striking fiscal years #bjaf and #bjag and inserting fiscal years #bjah and #bjai4 ,,ii ,coast ,guard #bja4 ,training2 public safety personnel 7a7 ,in general ,chapter #g of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #aee4 ,training2 public safety personnel 7a7 ,in general ,the ,commandant may1 on a reimbursable or a non-reimbursable basis1 make training available to public safety personnel whenever the ,commandant determines that-- 7#a7 a member of the ,coast ,guard1 who is scheduled to participate in such training1 is unable or unavailable to participate in such training2 7#b7 no other member of the ,coast ,guard1 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 assigned1 is able or available to participate in such training2 and 7#c7 such training1 if made available to such public safety personnel1 would further the goal of interoperability among ,federal agencies1 non-,federal governmental agencies1 or both4 7b7 ,definition ,for the purposes of this section1 the term public safety personnel includes any ,federal1 ,state 7or political subdivision thereof71 territorial1 or tribal law enforcement officer1 firefighter1 or emergency response provider4 7c7 ,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 training4 7d7 ,status of trained personnel2 limitation on liability 7#a7 ,status ,any public safety personnel to whom training is made available under this section who is not otherwise a ,federal employee shall not1 because of that training1 be considered a ,federal employee for any purpose 7including the purposes of chapter #ha of title #e 7relating to compensation for injury77 and sections #bfga through #bfhj of title #bh 7relating to tort claims74 7#b7 ,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 section4 4 7b7 ,clerical amendment ,the analysis for chapter #g of such title is amended by inserting at the end the following3 #aee4 ,training2 public safety personnel4 4 #bjb4 ,commissioned service retirement ,for ,coast ,guard officers who retire in fiscal year #bjag or #bjah1 the ,president may reduce the period of active commissioned service required under section #bia of title #ad1 ,united ,states ,code1 to a period of not less than eight years4 #bjc4 ,officer promotion zones ,section #bef7;a7 of title #ad1 ,united ,states ,code1 is amended by striking six-tenths4 and inserting one-half44 #bjd4 ,cross reference ,section #cgc7;a7 of title #ad1 ,united ,states ,code1 is amended by inserting designated under section #cga after cadet4 #bje4 ,repeal ,section #dhb of title #ad1 ,united ,states ,code1 and the item relating to that section in the analysis for chapter #ac of that title1 are repealed4 #bjf4 ,unmanned aircraft system 7a7 ,in general ,chapter #c of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #fa4 ,unmanned aircraft system 7a7 ,in general ,subject to the availability of appropriations and to subsection 7b71 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 ,guard4 7b7 ,limitations 7#a7 ,in general ,during any fiscal year for which funds are appropriated for the design or construction of the ,offshore ,patrol ,cutter1 the ,commandant-- 7,a7 may not award a contract for design of an unmanned aircraft system for use by the ,coast ,guard2 and 7,b7 may acquire an unmanned aircraft system only if such a system-- 7i7 has been part of a program of record1 procured by1 or used by1 the ,department of ,defense or the ,department of ,homeland ,security1 or a component thereof1 before the date on which the ,commandant acquires the system2 and 7ii7 is acquired by the ,commandant through an agreement with such a department or component1 unless the unmanned aircraft system can be obtained at less cost through independent contract action4 7#b7 ,limitations on application 7,a7 ,small unmanned aircraft ,paragraph 7#a77;,b7 does not apply to small unmanned aircraft4 7,b7 ,previously funded systems ,subsection 7b7 does not apply to the design or acquisition of an unmanned aircraft system for which funds for research1 development1 test1 and evaluation have been received from the ,department of ,defense or the ,department of ,homeland ,security4 7c7 ,definitions ,in this section each of the terms small unmanned aircraft and unmanned aircraft system has the meaning that term has in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #djaja note74 4 7b7 ,clerical amendment ,the analysis at the beginning of such chapter is amended by adding at the end the following3 #fa4 ,unmanned aircraft system4 4 7c7 ,conforming amendment ,subsection 7c7 of section #efd of title #ad1 ,united ,states ,code1 is repealed4 #bjg4 ,coast ,guard health-care professionals2 licensure portability 7a7 ,in general ,chapter #e of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #ajd4 ,coast ,guard health-care professionals2 licensure portability 7a7 ,notwithstanding any law regarding the licensure of health-care providers1 a health-care professional described in subsection 7b7 may practice the health profession or professions of the health-care professional at any location in any ,state1 the ,district of ,columbia1 or a ,commonwealth1 territory1 or possession of the ,united ,states1 regardless of where such health-care professional or the patient are located1 if the practice is within the scope of the authorized ,federal duties of such health-care professional4 7b7 ,a health-care professional described in this subsection is an individual-- 7#a7 who is-- 7,a7 a member of the ,coast ,guard2 7,b7 a civilian employee of the ,coast ,guard2 7,c7 a member of the ,public ,health ,service who is assigned to the ,coast ,guard2 7,d7 a personal services contractor under section #ajia of title #aj2 or 7,e7 any other health-care professional credentialed and privileged at a ,federal health-care institution or location specially designated by the ,secretary2 and 7#b7 who-- 7,a7 has a current license to practice medicine1 osteopathic medicine1 dentistry1 or another health profession2 and 7,b7 is performing authorized duties for the ,coast ,guard4 7c7 ,in this section each of the terms license and health-care professional has the meaning that term has in section #ajid7;e7 of title #aj4 4 7b7 ,clerical amendment ,the analysis for such chapter is amended by adding at the end the following3 #ajd4 ,coast ,guard health-care professionals2 licensure portability4 4 #bjh4 ,incentive contracts for ,coast ,guard yard and industrial establishments ,section #fdh of title #ad1 ,united ,states ,code1 is amended-- 7#a7 by inserting before the text the following3 7a7 ,in general4--2 7#b7 in subsection 7a71 as designated by the amendment made by paragraph 7#a7 of this section1 by striking the period at the end of the last sentence and inserting or in accordance with subsection 7b742 and 7#c7 by adding at the end the following3 7b7 ,incentive contracts 7#a7 ,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 7a7 may enter into an order or a cost-plus-incentive-fee order in accordance with this subsection4 7#b7 ,if such parties enter into such an order or a cost-plus-incentive-fee order1 an agreed-upon amount of any adjustment described in subsection 7a7 may be distributed as an incentive to the wage-grade industrial employees who complete the order4 7#c7 ,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 agreed4 7#d7 ,notwithstanding any other provision of law1 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-- 7,a7 the adjustment to be made pursuant to this subsection shall be reduced by such agreed-upon amount and distributed to such wage-grade industrial employees2 and 7,b7 the remainder of the adjustment shall be credited to the appropriation for such order current at that time4 4 #bji4 ,maintaining cutters in class ,section #egc7;c77#c77;,a7 of title #ad1 ,united ,states ,code1 is amended-- 7#a7 by striking 7,a7 ,in general4--2 and 7#b7 by inserting and shall maintain such cutter in class before the period at the end4 #baj4 ,congressional affairs2 ,director 7a7 ,in general ,chapter #c of title #ad1 ,united ,states ,code1 as amended by section #bjf of this ,act1 is further amended by adding at the end the following3 #fb4 ,congressional affairs2 director ,the ,commandant shall appoint a ,director of ,congressional ,affairs from among officers of the ,coast ,guard who are in a grade above captain4 4 7b7 ,clerical amendment ,the analysis for such chapter is amended by adding at the end the following3 #fb4 ,congressional ,affairs2 ,director4 4 #baa4 ,contracting for major acquisitions programs 7a7 ,in general ,subchapter ,,ii of chapter #ae of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #ehj4 ,contracting for major acquisitions programs 7a7 ,in general ,the ,commandant of the ,coast ,guard may enter into contracts for major acquisition programs4 7b7 ,authorized methods ,such contracts-- 7#a7 may be block buy contracts2 7#b7 may be incrementally funded2 7#c7 may include combined purchases1 also known as economic order quantity purchases1 of-- 7,a7 materials and components2 and 7,b7 long lead time materials2 and 7#d7 may be multiyear contracts that comply with section #bcjf;b of title #aj4 7c7 ,subject to appropriations ,any contract entered into under subsection 7a7 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 ,acts4 4 7b7 ,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 following3 #ehj4 ,contracting for major acquisitions programs4 4 7c7 ,conforming amendments ,the following provisions are repealed3 7#a7 ,section #bbc of ,public ,law #aac-bha 7#ad ,u4,s4,c4 #egg note71 and the item relating to that section in the table of contents in section #b of such ,act4 7#b7 ,section #bba7;a7 of ,public ,law #aab-bac 7#ad ,u4,s4,c4 #egc note74 7#c7 ,section #bjg7;a7 of ,public ,law #aad-abj 7#ad ,u4,s4,c4 #hg note74 #bab4 ,national ,security ,cutter 7a7 ,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 ,commerce1 ,science1 and ,transportation of the ,senate-- 7#a7 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 repair2 and 7#b7 a report analyzing cost and performance for different approaches to achieving varied levels of operational employment using the standard method required by paragraph 7#a7 that1 at a minimum-- 7,a7 compares over a #cj-year period the average annualized baseline cost and performances for a certified ,national ,security ,cutter that operated for #ahe days away from homeport or an equivalent alternative measure of operational tempo-- 7i7 against the cost of a #ae percent increase in days away from homeport or an equivalent alternative measure of operational tempo for a ,national ,security ,cutter2 and 7ii7 against the cost of the acquisition and operation of an additional ,national ,security ,cutter2 and 7,b7 examines the optimal level of operational employment of ,national ,security ,cutters to balance ,national ,security ,cutter cost and mission performance4 7b7 ,conforming amendments 7#a7 ,section #bba7;b7 of the ,coast ,guard and ,maritime ,transportation ,act of #bjab 7#ad ,u4,s4,c4 #egc note7 is repealed4 7#b7 ,section #bjd7;c77#a7 of the ,coast ,guard ,authorization ,act of #bjaf 7#acj ,stat4 #ce7 is repealed4 #bac4 ,radar refresher training ,section #aa4dhj7;,f7 of title #df1 ,code of ,federal ,regulations1 as in effect immediately before the enactment of this ,act1 shall have no force or effect4 #bad4 ,repeal ,section #fgf;a7a7 of title #ad1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#b72 7#b7 by striking 7#a7 ,in general4--2 7#c7 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively2 and 7#d7 in paragraph 7#b71 as so redesignated1 by striking subparagraph 7,a7 and inserting paragraph 7#a74 #bae4 ,extension of authority ,section #djd of the ,coast ,guard ,authorization ,act of #bjaj 7,public ,law #aaa-bha2 #abd ,stat4 #biej7 is amended-- 7#a7 in subsection 7a71 in the text preceding paragraph 7#a71 by striking sections #ccjd1 #eccc1 and #egec and inserting section #ccjd2 and 7#b7 in subsection 7b71 by striking #bjag4 and inserting #bjba44 #baf4 ,authorization of amounts for ,fast ,response ,cutters 7a7 ,in general ,of the amounts authorized for each fiscal year #bjah and #bjai under section #bgjb7b7 of title #ad1 ,united ,states ,code1 as amended by this ,act1 #afe1jjj1jjj is authorized for the acquisition of three ,fast ,response ,cutters in each such fiscal year4 7b7 ,treatment of acquired cutters ,any cutters acquired under subsection 7a7 shall be in addition to the #eh cutters approved under the existing acquisition baseline4 #bag4 ,authorization of amounts for ice trials of icebreaker vessels 7a7 ,in general ,of the amounts authorized for fiscal year #bjah under paragraphs 7#a7 and 7#e7 of section #bgjb of title #ad1 ,united ,states ,code1 as amended by this ,act1 up to #c1jjj1jjj is authorized for the ,commandant of the ,coast ,guard to carry out ice trials of icebreaker vessels documented under section #abaaa of title #df1 ,united ,states ,code4 7b7 ,assessments ,ice trials referred to in subsection 7a7 shall-- 7#a7 assess the ability of an icebreaker vessel to carry out the missions of the ,coast ,guard enumerated in section #b of title #ad1 ,united ,states ,code2 or 7#b7 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 missions4 #bah4 ,shoreside infrastructure ,of the amounts authorized under section #bgjb7b7 of title #ad1 ,united ,states ,code1 as amended by this ,act1 for each of fiscal years #bjah and #bjai there is authorized to be appropriated #afe1jjj1jjj to the ,secretary of the department in which the ,coast ,guard is operating to fund the acquisition1 construction1 rebuilding or improvement of ,coast ,guard shoreside infrastructure and facilities necessary to support ,coast ,guard operations and readiness4 ,,iii ,ports and ,waterways ,safety ,act #cja4 ,codification of ,ports and ,waterways ,safety ,act 7a7 ,codification ,subtitle ,,vii of title #df1 ,united ,states ,code1 is amended by inserting before chapter #gja the following3 #gjj ,ports and ,waterways ,safety ,subchapter ,a--,vessel ,operations ,sec4 #gjjja4 ,vessel traffic services4 #gjjjb4 ,special powers4 #gjjjc4 ,port access routes4 #gjjjd4 ,considerations by ,secretary4 #gjjje4 ,international agreements4 ,subchapter ,b--,ports and ,waterways ,safety #gjjaa4 ,waterfront safety4 #gjjab4 ,navigational hazards4 #gjjac4 ,requirement to notify ,coast ,guard of release of objects into the navigable waters of the ,united ,states4 ,subchapter ,c--,condition for entry into ports in the ,united ,states #gjjba4 ,conditions for entry to ports in the ,united ,states4 ,subchapter ,d--,definitions1 ,regulations1 ,enforcement1 ,investigatory ,powers1 ,applicability #gjjca4 ,definitions4 #gjjcb4 ,saint ,lawrence ,seaway4 #gjjcc4 ,limitation on application to foreign vessels4 #gjjcd4 ,regulations4 #gjjce4 ,investigatory powers4 #gjjcf4 ,enforcement4 ,a ,vessel ,operations #gjjja4 ,vessel traffic services 7a7 ,subject to the requirements of section #gjjjd1 the ,secretary-- 7#a7 in any port or place under the jurisdiction of the ,united ,states1 in the navigable waters of the ,united ,states1 or in any area covered by an international agreement negotiated pursuant to section #gjjje1 may construct1 operate1 maintain1 improve1 or expand vessel traffic services1 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 requirements1 surveillance and communications systems1 routing systems1 and fairways2 7#b7 shall require appropriate vessels that operate in an area of a vessel traffic service to utilize or comply with that service2 7#c7 7,a7 may require vessels to install and use specified navigation equipment1 communications equipment1 electronic relative motion analyzer equipment1 or any electronic or other device necessary to comply with a vessel traffic service or that is necessary in the interests of vessel safety4 7,b7 ,notwithstanding subparagraph 7,a71 the ,secretary shall not require fishing vessels under #cjj gross tons as measured under section #adejb1 or an alternate tonnage measured under section #adcjb as prescribed by the ,secretary under section #adajd1 or recreational vessels #fe feet or less to possess or use the equipment or devices required by this subsection solely under the authority of this chapter2 7#d7 may control vessel traffic in areas subject to the jurisdiction of the ,united ,states that the ,secretary determines to be hazardous1 or under conditions of reduced visibility1 adverse weather1 vessel congestion1 or other hazardous circumstances1 by-- 7,a7 specifying times of entry1 movement1 or departure2 7,b7 establishing vessel traffic routing schemes2 7,c7 establishing vessel size1 speed1 or draft limitations and vessel operating conditions2 and 7,d7 restricting operation1 in any hazardous area or under hazardous conditions1 to vessels that have particular operating characteristics or capabilities that the ,secretary considers necessary for safe operation under the circumstances2 7#e7 may require the receipt of prearrival messages from any vessel1 destined for a port or place subject to the jurisdiction of the ,united ,states1 in sufficient time to permit advance vessel traffic planning before port entry1 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 environment2 and 7#f7 may prohibit the use on vessels of electronic or other devices that interfere with communication and navigation equipment1 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 #aeg4ahge-aeg4dcge ,m,hz and #afa4ghge-afb4jcge ,m,hz4 7b7 ,cooperative ,agreements 7#a7 ,in general ,the ,secretary may enter into cooperative agreements with public or private agencies1 authorities1 associations1 institutions1 corporations1 organizations1 or other persons to carry out the functions under subsection 7a77#a74 7#b7 ,limitation 7,a7 ,a nongovernmental entity may not under this subsection carry out an inherently governmental function4 7,b7 ,as used in this paragraph1 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 ,government1 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 ,government4 7c7 ,limitation of liability for ,coast ,guard vessel traffic service pilots and non-,federal vessel traffic service operators 7#a7 ,coast ,guard ,vessel ,traffic ,service pilots ,any pilot1 acting in the course and scope of his or her duties while at a ,coast ,guard ,vessel ,traffic ,service1 who provides information1 advice1 or communication assistance while under the supervision of a ,coast ,guard officer1 member1 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 misconduct4 7#b7 ,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 ,guard1 and any pilot acting on behalf of such entity1 is not liable for damages caused by or related to information1 advice1 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 misconduct4 #gjjjb4 ,special powers ,the ,secretary may order any vessel1 in a port or place subject to the jurisdiction of the ,united ,states or in the navigable waters of the ,united ,states1 to operate or anchor in a manner the ,secretary directs if-- 7#a7 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 treaty2 7#b7 the ,secretary determines such vessel does not satisfy the conditions for port entry set forth in section #gjjba of this title2 or 7#c7 by reason of weather1 visibility1 sea conditions1 port congestion1 other hazardous circumstances1 or the condition of such vessel1 the ,secretary is satisfied such direction is justified in the interest of safety4 #gjjjc4 ,port access routes 7a7 ,authority ,to designate ,except as provided in subsection 7b7 and subject to the requirements of subsection 7c71 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 ,states1 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 approaches1 outside the territorial sea1 to such ports or places4 ,such a designation shall recognize1 within the designated area1 the paramount right of navigation over all other uses4 7b7 ,limitation 7#a7 ,in general ,no designation may be made by the ,secretary under this section if-- 7,a7 the ,secretary determines such a designation1 as implemented1 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 law2 and 7,b7 such right has became vested before the time of publication of the notice required by paragraph 7#a7 of subsection 7c74 7#b7 ,consultation required ,the ,secretary shall make the determination under paragraph 7#a77;,a7 after consultation with the head of the agency responsible for executing the lease or issuing the permit4 7c7 ,consideration of other uses ,before making a designation under subsection 7a71 and in accordance with the requirements of section #gjjjd1 the ,secretary shall-- 7#a7 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 ,register2 7#b7 in consultation with the ,secretary of ,state1 the ,secretary of the ,interior1 the ,secretary of ,commerce1 the ,secretary of the ,army1 and the ,governors of affected ,states1 as their responsibilities may require1 take into account all other uses of the area under consideration1 including1 as appropriate1 the exploration for1 or exploitation of1 oil1 gas1 or other mineral resources1 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 ,states1 the establishment or operation of marine or estuarine sanctuaries1 and activities involving recreational or commercial fishing2 and 7#c7 to the extent practicable1 reconcile the need for safe access routes with the needs of all other reasonable uses of the area involved4 7d7 ,study ,in carrying out the ,secretary's responsibilities under subsection 7c71 the ,secretary shall-- 7#a7 proceed expeditiously to complete any study undertaken2 and 7#b7 after completion of such a study1 promptly-- 7,a7 issue a notice of proposed rulemaking for the designation contemplated2 or 7,b7 publish in the ,federal ,register a notice that no designation is contemplated as a result of the study and the reason for such determination4 7e7 ,implementation of designation ,in connection with a designation made under this section1 the ,secretary-- 7#a7 shall issue reasonable rules and regulations governing the use of such designated areas1 including rules and regulations regarding the applicability of rules #i and #aj of the ,international ,regulations for ,preventing ,collisions at ,sea1 #aigb1 relating to narrow channels and traffic separation schemes1 respectively1 in waters where such regulations apply2 7#b7 to the extent that the ,secretary finds reasonable and necessary to effectuate the purposes of the designation1 make the use of designated fairways and traffic separation schemes mandatory for specific types and sizes of vessels1 foreign and domestic1 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 ,states2 7#c7 may1 from time to time1 as necessary1 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 otherwise1 except that such an adjustment may not1 in the judgment of the ,secretary1 unacceptably adversely affect the purpose for which the existing designation was made and the need for which continues2 and 7#d7 shall1 through appropriate channels-- 7,a7 notify cognizant international organizations of any designation1 or adjustment thereof2 and 7,b7 take action to seek the cooperation of foreign ,states in making it mandatory for vessels under their control to use1 to the same extent as required by the ,secretary for vessels of the ,united ,states1 any fairway or traffic separation scheme designated under this section in any area of the high seas4 #gjjjd4 ,considerations by ,secretary ,in carrying out the duties of the ,secretary under sections #gjjja1 #gjjjb1 and #gjjjc1 the ,secretary shall-- 7#a7 take into account all relevant factors concerning navigation and vessel safety1 protection of the marine environment1 and the safety and security of ,united ,states ports and waterways1 including-- 7,a7 the scope and degree of the risk or hazard involved2 7,b7 vessel traffic characteristics and trends1 including traffic volume1 the sizes and types of vessels involved1 potential interference with the flow of commercial traffic1 the presence of any unusual cargoes1 and other similar factors2 7,c7 port and waterway configurations and variations in local conditions of geography1 climate1 and other similar factors2 7,d7 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 vessels1 such as self-propelled fishing vessels and recreational vessels2 7,e7 the proximity of fishing grounds1 oil and gas drilling and production operations1 or any other potential or actual conflicting activity2 7,f7 environmental factors2 7,g7 economic impact and effects2 7,h7 existing vessel traffic services2 and 7,i7 local practices and customs1 including voluntary arrangements and agreements within the maritime community2 and 7#b7 at the earliest possible time1 consult with and receive and consider the views of representatives of the maritime community1 ports and harbor authorities or associations1 environmental groups1 and other persons who may be affected by the proposed actions4 #gjjje4 ,international agreements 7a7 ,transmittal of regulations ,the ,secretary shall transmit1 via the ,secretary of ,state1 to appropriate international bodies or forums1 any regulations issued under this subchapter1 for consideration as international standards4 7b7 ,agreements ,the ,president is authorized and encouraged to-- 7#a7 enter into negotiations and conclude and execute agreements with neighboring nations1 to establish compatible vessel standards and vessel traffic services1 and to establish1 operate1 and maintain international vessel traffic services1 in areas and under circumstances of mutual concern2 and 7#b7 enter into negotiations1 through appropriate international bodies1 and conclude and execute agreements to establish vessel traffic services in appropriate areas of the high seas4 7c7 ,operations ,the ,secretary1 pursuant to any agreement negotiated under subsection 7b7 that is binding upon the ,united ,states in accordance with constitutional requirements1 may-- 7#a7 require vessels operating in an area of a vessel traffic service to utilize or to comply with the vessel traffic service1 including the carrying or installation of equipment and devices as necessary for the use of the service2 and 7#b7 waive1 by order or regulation1 the application of any ,united ,states law or regulation concerning the design1 construction1 operation1 equipment1 personnel qualifications1 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 place1 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 nation1 when operating in waters over which that nation exercises jurisdiction4 7d7 ,ship reporting systems ,the ,secretary1 in cooperation with the ,international ,maritime ,organization1 may implement and enforce two mandatory ship reporting systems1 consistent with international law1 with respect to vessels subject to such reporting systems entering the following areas of the ,atlantic ,ocean3 7#a7 ,cape ,cod ,bay1 ,massachusetts ,bay1 and ,great ,south ,channel 7in the area generally bounded by a line starting from a point on ,cape ,ann1 ,massachusetts at #db deg4 #ci ,n41 #gj deg4 #cg ,w2 then northeast to #db deg4 #de ,n41 #gj deg4 #ac ,w2 then southeast to #db deg4 #aj ,n41 #fh deg4 #ca ,w1 then south to #da deg4 #jj ,n41 #fh deg4 #ca ,w2 then west to #da deg4 #jj ,n41 #fi deg4 #ag ,w2 then northeast to #db deg4 #je ,n41 #gj deg4 #jb ,w1 then west to #db deg4 #jd ,n41 #gj deg4 #aj ,w2 and then along the ,massachusetts shoreline of ,cape ,cod ,bay and ,massachusetts ,bay back to the point on ,cape ,ann at #db deg4 #ci ,n41 #gj deg4 #cg ,w74 7#b7 ,in the coastal waters of the ,southeastern ,united ,states within about #be nm along a #ij nm stretch of the ,atlantic seaboard 7in an area generally extending from the shoreline east to longitude #hj deg4 #ea4f ,w with the southern and northern boundary at latitudes #cj deg4 #jj ,n41 #ca deg4 #bg ,n41 respectively74 ,b ,ports and ,waterways ,safety #gjjaa4 ,waterfront safety 7a7 ,in general ,the ,secretary may take such action as is necessary to-- 7#a7 prevent damage to1 or the destruction of1 any bridge or other structure on or in the navigable waters of the ,united ,states1 or any land structure or shore area immediately adjacent to such waters2 and 7#b7 protect the navigable waters and the resources therein from harm resulting from vessel or structure damage1 destruction1 or loss4 7b7 ,actions authorized ,actions authorized by subsection 7a7 include-- 7#a7 establishing procedures1 measures1 and standards for the handling1 loading1 unloading1 storage1 stowage1 and movement on a structure 7including the emergency removal1 control1 and disposition7 of explosives or other dangerous articles and substances1 including oil or hazardous material as those terms are defined in section #baja2 7#b7 prescribing minimum safety equipment requirements for a structure to assure adequate protection from fire1 explosion1 natural disaster1 and other serious accidents or casualties2 7#c7 establishing water or waterfront safety zones1 or other measures1 for limited1 controlled1 or conditional access and activity when necessary for the protection of any vessel1 structure1 waters1 or shore area2 and 7#d7 establishing procedures for examination to assure compliance with the requirements prescribed under this section4 7c7 ,state law ,nothing in this section1 with respect to structures1 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 section4 #gjjab4 ,navigational hazards 7a7 ,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 offices4 7b7 ,secretary's response 7#a7 ,notification by the operator of a pipeline ,upon notification by the operator of a pipeline of a hazard to navigation with respect to that pipeline1 the ,secretary shall immediately notify ,coast ,guard headquarters1 the ,pipeline and ,hazardous ,materials ,safety ,administration1 other affected ,federal and ,state agencies1 and vessel owners and operators in the pipeline's vicinity4 7#b7 ,notification by other persons ,upon notification by any other person of a hazard or potential hazard to navigation with respect to a pipeline1 the ,secretary shall promptly determine whether a hazard exists1 and if so shall immediately notify ,coast ,guard headquarters1 the ,pipeline and ,hazardous ,materials ,safety ,administration1 other affected ,federal and ,state agencies1 vessel owners and operators in the pipeline's vicinity1 and the owner and operator of the pipeline4 7c7 ,pipeline defined ,for purposes of this section1 the term pipeline has the meaning given the term pipeline facility in section #fjaja7;a77#ah7 of title #di4 #gjjac4 ,requirement to notify ,coast ,guard of release of objects into the navigable waters of the ,united ,states 7a7 ,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 #aj of the ,act of ,march #c1 #ahii1 popularly known as the ,rivers and ,harbors ,appropriations ,act of #ahii 7#cc ,u4,s4,c4 #djc71 such person shall notify the ,secretary and the ,secretary of the ,army of such release4 7b7 ,restriction on use of notification ,any notification provided by an individual in accordance with subsection 7a7 may not be used against such individual in any criminal case1 except a prosecution for perjury or for giving a false statement4 ,c ,condition for entry into ports in the ,united ,states #gjjba4 ,conditions for entry to ports in the ,united ,states 7a7 ,in general ,no vessel that is subject to chapter #cg 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 ,states1 if such vessel-- 7#a7 has a history of accidents1 pollution incidents1 or serious repair problems that1 as determined by the ,secretary1 creates reason to believe that such vessel may be unsafe or may create a threat to the marine environment2 7#b7 fails to comply with any applicable regulation issued under this chapter1 chapter #cg1 or any other applicable law or treaty2 7#c7 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 party2 7#d7 does not comply with any applicable vessel traffic service requirements2 7#e7 is manned by one or more officers who are licensed by a certificating ,state that the ,secretary has determined1 pursuant to section #iaja of title #df1 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 ,states2 7#f7 is not manned in compliance with manning levels as determined by the ,secretary to be necessary to insure the safe navigation of the vessel2 or 7#g7 while underway1 does not have at least one licensed deck officer on the navigation bridge who is capable of clearly understanding ,english4 7b7 ,exceptions 7#a7 ,in general ,the ,secretary may allow provisional entry of a vessel that is not in compliance with subsection 7a71 if the owner or operator of such vessel proves1 to the satisfaction of the ,secretary1 that such vessel is not unsafe or a threat to the marine environment1 and if such entry is necessary for the safety of the vessel or persons aboard4 7#b7 ,provisions not applicable ,paragraphs 7#a71 7#b71 7#c71 and 7#d7 of subsection 7a7 of this section shall not apply to a vessel allowed provisional entry under paragraph 7#a7 if the owner or operator of such vessel proves1 to the satisfaction of the ,secretary1 that such vessel is no longer unsafe or a threat to the marine environment1 and is no longer in violation of any applicable law1 treaty1 regulation or condition1 as appropriate4 ,d ,definitions1 ,regulations1 ,enforcement1 ,investigatory ,powers1 ,applicability #gjjca4 ,definitions ,as used in this chapter1 unless the context otherwise requires3 7#a7 ,the term marine environment means-- 7,a7 the navigable waters of the ,united ,states and the land and resources therein and thereunder2 7,b7 the waters and fishery resources of any area over which the ,united ,states asserts exclusive fishery management authority2 7,c7 the seabed and subsoil of the ,outer ,continental ,shelf of the ,united ,states1 the resources thereof1 and the waters superjacent thereto2 and 7,d7 the recreational1 economic1 and scenic values of such waters and resources4 7#b7 ,the term ,secretary means the ,secretary of the department in which the ,coast ,guard is operating1 except that such term means the ,secretary of ,transportation with respect to the application of this chapter to the ,saint ,lawrence ,seaway4 7#c7 ,the term navigable waters of the ,united ,states includes all waters of the territorial sea of the ,united ,states as described in ,presidential ,proclamation ,no4 #eibh of ,december #bg1 #aihh4 #gjjcb4 ,saint ,lawrence ,seaway ,the authority granted to the ,secretary under sections #gjjja1 #gjjjb1 #gjjjc1 #gjjd1 and #gjjaa may not be delegated with respect to the ,saint ,lawrence ,seaway to any agency other than the ,saint ,lawrence ,seaway ,development ,corporation4 ,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 ,seaway4 #gjjcc4 ,limitation on application to foreign vessels ,except pursuant to international treaty1 convention1 or agreement1 to which the ,united ,states is a party1 this chapter shall not apply to any foreign vessel that is not destined for1 or departing from1 a port or place subject to the jurisdiction of the ,united ,states and that is in-- 7#a7 innocent passage through the territorial sea of the ,united ,states2 or 7#b7 transit through the navigable waters of the ,united ,states that form a part of an international strait4 #gjjcd4 ,regulations 7a7 ,in general ,in accordance with section #eec of title #e1 the ,secretary shall issue1 and may from time to time amend or repeal1 regulations necessary to implement this chapter4 7b7 ,consultation ,in the exercise of the regulatory authority under this chapter1 the ,secretary shall consult with1 and receive and consider the views of all interested persons1 including-- 7#a7 interested ,federal departments and agencies2 7#b7 officials of ,state and local governments2 7#c7 representatives of the maritime community2 7#d7 representatives of port and harbor authorities or associations2 7#e7 representatives of environmental groups2 7#f7 any other interested persons who are knowledgeable or experienced in dealing with problems involving vessel safety1 port and waterways safety1 and protection of the marine environment2 and 7#g7 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 controversial4 #gjjce4 ,investigatory powers 7a7 ,secretary ,the ,secretary may investigate any incident1 accident1 or act involving the loss or destruction of1 or damage to1 any structure subject to this chapter1 or that affects or may affect the safety or environmental quality of the ports1 harbors1 or navigable waters of the ,united ,states4 7b7 ,powers ,in an investigation under this section1 the ,secretary may issue subpoenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident1 accident1 or act4 ,if any person refuses to obey a subpoena1 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 subpoena4 ,any district court of the ,united ,states may1 in the case of refusal to obey a subpoena1 issue an order requiring compliance with the subpoena1 and failure to obey the order may be punished by the court as contempt4 ,witnesses may be paid fees for travel and attendance at rates not exceeding those allowed in a district court of the ,united ,states4 #gjjcf4 ,enforcement 7a7 ,civil penalty 7#a7 ,in general ,any person who is found by the ,secretary1 after notice and an opportunity for a hearing1 to have violated this chapter or a regulation issued under this chapter shall be liable to the ,united ,states for a civil penalty1 not to exceed #be1jjj for each violation4 ,each day of a continuing violation shall constitute a separate violation4 ,the amount of such civil penalty shall be assessed by the ,secretary1 or the ,secretary's designee1 by written notice4 ,in determining the amount of such penalty1 the ,secretary shall take into account the nature1 circumstances1 extent1 and gravity of the prohibited acts committed and1 with respect to the violator1 the degree of culpability1 any history of prior offenses1 ability to pay1 and such other matters as justice may require4 7#b7 ,compromise1 modification1 or remission ,the ,secretary may compromise1 modify1 or remit1 with or without conditions1 any civil penalty that is subject to imposition or that has been imposed under this section4 7#c7 ,failure to pay penalty ,if any person fails to pay an assessment of a civil penalty after it has become final1 the ,secretary may refer the matter to the ,attorney ,general of the ,united ,states1 for collection in any appropriate district court of the ,united ,states4 7b7 ,criminal penalty 7#a7 ,class ,d felony ,any person who willfully and knowingly violates this chapter or any regulation issued hereunder commits a class ,d felony4 7#b7 ,class ,c felony ,any person who1 in the willful and knowing violation of this chapter or of any regulation issued under this chapter1 uses a dangerous weapon1 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 chapter1 commits a class ,c felony4 7c7 ,in rem liability ,any vessel that is used in violation of this chapter1 or any regulations issued under this chapter1 shall be liable in rem for any civil penalty assessed pursuant to subsection 7a7 and may be proceeded against in the ,united ,states district court for any district in which such vessel may be found4 7d7 ,injunction ,the ,united ,states district courts shall have jurisdiction to restrain violations of this chapter or of regulations issued under this chapter1 for cause shown4 7e7 ,denial of entry ,except as provided in section #gjjba1 the ,secretary may1 subject to recognized principles of international law1 deny entry by any vessel that is not in compliance with this chapter or the regulations issued under this chapter-- 7#a7 into the navigable waters of the ,united ,states2 or 7#b7 to any port or place under the jurisdiction of the ,united ,states4 7f7 ,withholding of clearance 7#a7 ,in general ,if any owner1 operator1 or individual in charge of a vessel is liable for a penalty or fine under this section1 or if reasonable cause exists to believe that the owner1 operator1 or individual in charge may be subject to a penalty or fine under this section1 the ,secretary of the ,treasury1 upon the request of the ,secretary1 shall with respect to such vessel refuse or revoke any clearance required by section #fjaje of title #df4 7#b7 ,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 ,secretary4 4 7b7 ,clerical amendment ,the analysis at the beginning of such subtitle is amended by inserting before the item relating to chapter #gja the following3 #gjj4,ports and ,waterways ,safety#gjjja4 4 #cjb4 ,conforming amendments 7a7 ,electronic charts 7#a7 ,transfer of provision ,section #d;,a of the ,ports and ,waterways ,safety ,act 7#cc ,u4,s4,c4 #abbc;a7-- 7,a7 is redesignated as section #caje of title #df1 ,united ,states ,code1 and transferred to appear after section #cajd of that title2 and 7,b7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,limitation on ,application ,except pursuant to an international treaty1 convention1 or agreement1 to which the ,united ,states is a party1 this section shall not apply to any foreign vessel that is not destined for1 or departing from1 a port or place subject to the jurisdiction of the ,united ,states and that is in-- 7#a7 innocent passage through the territorial sea of the ,united ,states2 or 7#b7 transit through the navigable waters of the ,united ,states that form a part of an international strait4 4 7#b7 ,clerical amendment ,the analysis at the beginning of chapter #ca of such title is amended by adding at the end the following3 #caje4 ,electronic charts4 4 7b7 ,port1 harbor1 and coastal facility security 7#a7 ,transfer of provisions ,so much of section #g of the ,ports and ,waterways ,safety ,act 7#cc ,u4,s4,c4 #abbf7 as precedes subsection 7c7 of that section is redesignated as section #gjajb;a of title #df1 ,united ,states ,code1 and transferred so as to appear after section #gjajb of that title4 7#b7 ,definitions1 administration1 and enforcement ,section #gjajb;a of title #df1 ,united ,states ,code1 as amended by paragraph 7#a7 of this subsection1 is amended by adding at the end the following3 7c7 ,definitions1 administration1 and enforcement ,this section shall be treated as part of chapter #gjj for purposes of sections #gjjca1 #gjjcb1 #gjjcd1 #gjjce1 and #gjjcf4 4 7#c7 ,clerical amendment ,the analysis at the beginning of chapter #gja of such title is amended by inserting after the item relating to section #gjajb the following3 #gjajb;a4 ,port1 harbor1 and coastal facility security4 4 7c7 ,nondisclosure of port security plans ,subsection 7c7 of section #g of the ,ports and ,waterways ,safety ,act 7#cc ,u4,s4,c4 #abbf71 as so designated before the application of subsection 7b77#a7 of this section-- 7#a7 is redesignated as subsection 7f7 of section #gjajc of title #df1 ,united ,states ,code1 and transferred so as to appear after subsection 7e7 of such section2 and 7#b7 is amended by striking this ,act and inserting this chapter4 7d7 ,repeal ,section #bcjg of title #df1 ,united ,states ,code1 and the item relating to that section in the analysis at the beginning of chapter #bc of that title1 are repealed4 7e7 ,repeal ,the ,ports and ,waterways ,safety ,act 7#cc ,u4,s4,c4 #abba et seq471 as amended by this ,act1 is repealed4 #cjc4 ,transitional and savings provisions 7a7 ,definitions ,in this section3 7#a7 ,source provision ,the term source provision means a provision of law that is replaced by a title #df provision under this title4 7#b7 ,title #df provision ,the term title #df provision means a provision of title #df1 ,united ,states ,code1 that is enacted by section #cjb4 7b7 ,cutoff date ,the title #df provisions replace certain provisions of law enacted before the date of the enactment of this ,act4 ,if a law enacted after that date amends or repeals a source provision1 that law is deemed to amend or repeal1 as the case may be1 the corresponding title #df provision4 ,if a law enacted after that date is otherwise inconsistent with a title #df provision or a provision of this title1 that law supersedes the title #df provision or provision of this title to the extent of the inconsistency4 7c7 ,original date of enactment unchanged ,for purposes of determining whether one provision of law supersedes another based on enactment later in time1 a title #df provision is deemed to have been enacted on the date of enactment of the source provision that the title #df provision replaces4 7d7 ,references to title #df provisions ,a reference to a title #df provision1 including a reference in a regulation1 order1 or other law1 is deemed to refer to the corresponding source provision4 7e7 ,references to source provisions ,a reference to a source provision1 including a reference in a regulation1 order1 or other law1 is deemed to refer to the corresponding title #df provision4 7f7 ,regulations1 orders1 and other administrative actions ,a regulation1 order1 or other administrative action in effect under a source provision continues in effect under the corresponding title #df provision4 7g7 ,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 #df provision4 #cjd4 ,rule of construction ,this title1 including the amendments made by this title1 is intended only to reorganize title #ad1 ,united ,states ,code1 and may not be construed to alter-- 7#a7 the effect of a provision of title #ad1 ,united ,states ,code1 including any authority or requirement therein2 7#b7 a department or agency interpretation with respect to title #ad1 ,united ,states ,code2 or 7#c7 a judicial interpretation with respect to title #ad1 ,united ,states ,code4 #cje4 ,advisory ,committee3 ,repeal ,section #ah of the ,coast ,guard ,authorization ,act of #aiia 7,public ,law #ajb-bda2 #aje ,stat4 #bbac7 is repealed4 ,,iv ,maritime ,transportation ,safety #dja4 ,clarification of logbook entries 7a7 ,in general ,section #aacjd of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking an official and inserting a2 and 7#b7 in subsection 7b71 by amending paragraph 7#c7 to read as follows3 7#c7 ,each illness of1 and injury to1 a seaman of the vessel1 the nature of the illness or injury1 and the medical treatment provided for the injury or illness4 4 7b7 ,technical amendment ,section #aacjd7;b7 is amended by striking log book and inserting logbook4 #djb4 ,technical corrections3 licenses1 certifications of registry1 and merchant mariner documents ,title #df1 ,united ,states ,code1 is amended-- 7#a7 in section #gajf7;b71 by striking merchant mariner's document1 and inserting license12 7#b7 in section #gajg7;b71 by striking merchant mariner's document1 and inserting certificate of registry12 7#c7 in section #gejg7;b77#a71 by striking licenses or certificates of registry and inserting merchant mariner documents2 and 7#d7 in section #gejg7;b77#b7 by striking merchant mariner's document4 and inserting license or certificate of registry44 #djc4 ,numbering for undocumented barges ,section #abcja7;b7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking shall and inserting may2 and 7#b7 by inserting of after barge4 #djd4 ,drawbridge deviation exemption ,section #e of the ,act entitled ,an ,act making appropriations for the construction1 repair1 and preservation of certain public works on rivers and harbors1 and for other purposes1 approved ,august #ah1 #ahid 7#cc ,u4,s4,c4 #dii71 is amended by adding at the end the following new subsection3 7d7 ,exemption 7#a7 ,in general ,a change to a schedule that governs the opening of a drawbridge that will be in effect for less than #f months shall not be subject to the rule making requirements of section #eec of title #e1 ,united ,states ,code4 7#b7 ,alternate requirements 7,a7 ,duties of ,secretary ,the ,secretary of the department in which the ,coast ,guard is operating shall provide notice of each such change through-- 7i7 a local notice to mariners2 7ii7 a ,coast ,guard broadcast notice to mariners2 or 7iii7 another method of notice that the ,secretary considers appropriate4 7,b7 ,owner and operator duties ,with respect to any drawbridge other than a railroad drawbridge1 the owner or operator of such drawbridge shall provide notice of such a change to-- 7i7 the general public1 through publication in a newspaper of general circulation2 7ii7 the ,department of ,transportation or other public agency with administrative jurisdiction over the roadway that abuts the approach to such bridge2 and 7iii7 the law enforcement organization with jurisdiction over the roadway that abuts the approach to such bridge4 4 #dje4 ,deadline for compliance with alternate safety compliance programs 7a7 ,deadline ,section #dejc7;d7 of title #df1 ,united ,states ,code1 is amended by striking so much as precedes paragraph 7#c7 and inserting the following3 7d7 7#a7 ,the ,secretary1 in cooperation with the commercial fishing industry1 may prescribe an alternative safety compliance program that shall apply in lieu of requirements under section #dejb7;b71 for any category of fishing vessels1 fish processing vessels1 or fish tender vessels that are-- 7,a7 at least #ej feet overall in length2 7,b7 built before ,july #a1 #bjac2 and 7,c7 #be years of age or older4 7#b7 ,an alternative safety compliance program prescribed under paragraph 7#a7 shall apply to a vessel-- 7,a7 except as provided in subparagraph 7,b71 after the later of ,january #a1 #bjbj1 or the end of the #c-year period beginning on the date on which the ,secretary prescribes the program2 and 7,b7 in the case of a vessel that undergoes a major conversion completed after the later of ,july #a1 #bjac1 or the date the ,secretary establishes standards for the alternate safety compliance program1 upon the completion of such conversion4 4 7b7 ,conforming amendment ,section #dejb7;b7 of title #df1 ,united ,states ,code1 is amended by inserting and subject to section #dejc7;d71 after ,in addition to the requirements of subsection 7a7 of this section14 #djf4 ,authorization for marine debris program ,the ,marine ,debris ,research1 ,prevention1 and ,reduction ,act is amended-- 7#a7 in section #i 7#cc ,u4,s4,c4 #aieh7-- 7,a7 by striking the em-dash and all that follows through 7#a72 and 7,b7 by striking 2 and and all that follows through the end of the section and inserting a period2 and 7#b7 by adding at the end the following3 #aj4 ,authorization of appropriations ,of the amounts authorized for each fiscal year under section #bgjb7a7 of title #ad1 ,united ,states ,code1 up to #b1jjj1jjj are authorized for the ,commandant to carry out section #d of this ,act1 of which not more than #aj percent may be used for administrative costs4 4 #djg4 ,alternative distress signals 7a7 ,performance standard ,not later than one year after the date of the enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall issue a rule that establishes a performance standard for distress signals1 including for maritime visual distress signals1 that may be used as an alternative to the distress signals required by section #age4aaj of title #cc1 ,code of ,federal ,regulations44 7b7 ,authorization of use ,not later than #ahj days after the date of the issuance of a rule under subsection 7a71 the ,secretary shall issue a rule amending part #age of title #cc1 ,code of ,federal ,regulations1 to authorize use of distress signals in accordance with such performance standard4 #djh4 ,atlantic ,coast ,port ,access ,route ,study recommendations ,not later than #cj days after the date of the enactment of the ,act1 the ,commandant of the ,coast ,guard shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 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 7,,acpars7 workgroup for which notice of availability was published ,march #ad1 #bjaf 7#ha ,fed4 ,reg4 #accjg74 #dji4 ,documentation of recreational vessels ,coast ,guard personnel performing nonrecreational vessel documentation functions under subchapter ,,ii of chapter #aba of title #df1 ,united ,states ,code1 may perform recreational vessel documentation under section #abaad of such title in any fiscal year in which-- 7#a7 funds available for ,coast ,guard operating expenses may not be used for expenses incurred for recreational vessel documentation2 7#b7 fees collected from owners of yachts and credited to such use are insufficient to pay expenses of recreational vessel documentation2 and 7#c7 there is a backlog of applications for recreational vessel documentation4 #daj4 ,certificates of documentation for recreational vessels ,section #abaad of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,effective period ,a recreational endorsement for a vessel-- 7#a7 except as provided in paragraph 7#c71 shall be effective for #e years2 7#b7 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 subsection1 by not later than #cj days after such change2 and 7#c7 shall terminate upon the expiration of such #cj-;day period if the owner has not notified the ,coast ,guard of such change before the end of such period4 7e7 ,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 vessel4 7f7 ,authority 7#a7 ,requirement ,the ,secretary shall assess and collect a fee for the issuance or renewal of a recreational endorsement1 that is equivalent to the fee established for the issuance or renewal1 respectively1 of a fishery endorsement pursuant to section #baaj4 7#b7 ,treatment ,fees collected under this subsection-- 7,a7 shall be credited to the account from which the costs of such issuance or renewal were paid2 and 7,b7 may remain available until expended4 4 #daa4 ,backup global positioning system 7a7 ,in general ,subtitle ,,viii of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #hjg ,position1 ,navigation1 and ,timing ,sec4 #hjgja4 ,land-based complementary and backup positioning1 navigation1 and timing system4 #hjgja4 ,land-based complementary and backup positioning1 navigation1 and timing system 7a7 e,l,o,r,a,n ,subject to the availability of appropriations1 the ,secretary shall provide for the establishment1 sustainment1 and operation of a reliable land-based enhanced ,,loran1 or e,l,o,r,a,n1 positioning1 navigation1 and timing system4 7b7 ,purpose ,the purpose of the system established under subsection 7a7 is to provide a complement to1 and backup for1 the ,global ,positioning ,system 7in this section referred to as ,,gps7 to ensure the availability of uncorrupted and nondegraded positioning1 navigation1 and timing signals for military and civilian users in the event that ,,gps signals are corrupted1 degraded1 unreliable1 or otherwise unavailable4 7c7 ,requirements ,the system established under subsection 7a7 shall-- 7#a7 be wireless2 7#b7 be terrestrial2 7#c7 provide wide-area coverage2 7#d7 transmit a precise1 high-power #ajj kilohertz signal and meet the one microsecond accuracy requirement specified in the ,federal ,radio ,navigation ,plan2 7#e7 be synchronized with coordinated universal time2 7#f7 be resilient and extremely difficult to disrupt or degrade2 7#g7 be able to penetrate underground and inside buildings2 7#h7 be capable of deployment to remote locations2 7#i7 take full advantage of the infrastructure of the existing1 unused ,coast ,guard long-range navigation system 7commonly known as ,,loran-,c71 and subject to the concurrence and agreement of other agencies1 unused facilities associated with the ,ground ,wave ,emergency ,network and ,nationwide ,differential ,,gps systems2 7#aj7 utilize and leverage the capabilities of the entity for development1 building1 and operation of the system2 7#aa7 function in an interoperable and complementary manner with other similar positioning1 navigation1 and timing systems2 7#ab7 be made available by the ,secretary for use by other ,federal agencies for public purposes at no cost2 and 7#ac7 incorporate such other requirements determined necessary by the ,secretary with respect to such agencies4 7d7 ,request for proposals 7#a7 ,in general ,under authority granted by section #ic7;a77#be7 of title #ad1 ,united ,states ,code1 and not later than three months after the date of enactment of this section1 the ,secretary shall publish a request for proposals by non-,federal persons for the development1 building1 and operation of the system described in subsection 7c74 7#b7 ,elements ,proposals submitted under this subsection shall include1 at a minimum-- 7,a7 an e,l,o,r,a,n system architecture2 and 7,b7 a timetable for the delivery of-- 7i7 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 7#a72 and 7ii7 a nationwide position and navigation signal not later than three years after such date4 7e7 ,selection ,using competitive procedures similar to those authorized under section #bffg of title #aj1 the ,secretary may select a proposal from proposals received in response to the request for proposals under subsection 7d74 7f7 ,agreement 7#a7 ,in general ,the ,secretary may enter into a cooperative agreement 7as that term is used in section #fcje of title #ca7 with an entity upon such terms as the ,secretary determines will carry out the purpose of the system under subsection 7b74 7#b7 ,content ,an agreement under this subsection shall-- 7,a7 require the ,secretary to provide the entity-- 7i7 access to existing infrastructure and facilities described in subsection 7c77#i7 and provided as ,government-furnished property 7as that term is defined in section #de4aja of the ,federal ,acquisition ,regulation1 as in effect on the date of the enactment of the ,coast ,guard ,authorization ,act of #bjag71 for a minimum of #bj years2 7ii7 full use of the necessary electromagnetic spectrum wavelength associated with the ,,loran-,c system for use by the system required under subsection 7a7 and provided as such ,government-furnished property2 and 7iii7 approval for the reconstruction of towers that are part of the infrastructure described in subsection 7c77#i72 7,b7 specify that all necessary capital expenditures be made by the entity2 7,c7 set performance standards for the signals transmitted by the system2 7,d7 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 use2 7,e7 set the terms under which the ,secretary has access to such signals2 7,f7 subject to any national security requirements established by the ,secretary of ,defense and so long as activities described in clauses 7i7 and 7ii7 of subsection 7,b7 do not interfere with the primary purpose of providing positioning1 navigation1 and timing services1 allow the entity to-- 7i7 market1 promote1 and sell e,l,o,r,a,n positioning1 navigation1 and timing services to commercial and noncommercial third parties2 and 7ii7 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 paragraph2 7,g7 require the entity pay to the ,united ,states a portion of revenue received by the entity under subparagraph 7,f72 7,h7 require the entity to assume all financial risk for the completion and operational capability of the e,l,o,r,a,n system and may require a performance bond from the entity to guarantee that risk2 7,i7 require the entity to assist international organizations and foreign governments on issues related to e,l,o,r,a,n and similar systems2 and 7,j7 include such other terms and conditions as the ,secretary determines to be necessary to carry out the purposes of this section4 7#c7 ,revenue sharing requirement 7,a7 ,in general ,the requirement under paragraph 7#b77;,g7 shall require the entity to pay to the ,united ,states an equitable share of the revenue generated by the entity under paragraph 7#b77;,f71 in the fiscal year following the fiscal year in which such revenue is generated4 7,b7 ,amount ,the amount of such payments shall take into account-- 7i7 the capital investment by the entity to build the system and annual costs incurred by the entity to operate and maintain the system2 and 7ii7 the capital and operating expenses incurred by the entity to upgrade the e,l,o,r,a,n system and related systems over the effective period of the agreement4 7#d7 ,effective date of risk requirement ,the requirement in paragraph 7#b77;,h7 shall be contingent upon1 and take effect upon1 the ,secretary determining that the requirements under paragraph 7#b77;,a7 have been fulfilled4 7g7 ,,cercla not affected ,this section shall not be construed to limit the application of or otherwise affect section #abj7;h7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;h77 for ,federal ,government facilities described in subsection 7c77#i74 7h7 ,biennial report to ,congress ,not later than one year after the date on which an agreement with an entity is entered into under subsection 7f71 and biennially thereafter1 the ,secretary shall provide to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate-- 7#a7 a report on the performance and progress of the entity in fulfilling its obligations under the agreement to build1 operate and maintain the system established under subsection 7a72 and 7#b7 an accounting of finances1 expenses1 and revenue associated with such performance1 including payments made to the ,secretary under section 7f77#c74 7i7 ,definitions ,in this section3 7#a7 ,the term entity means a non-,federal entity whose proposal is selected under subsection 7e74 7#b7 ,the term ,secretary means the ,secretary of ,transportation1 acting through the ,commandant of the ,coast ,guard4 4 7b7 ,clerical amendment ,the analysis for subtitle ,,viii of title #df1 ,united ,states ,code1 is amended by adding after the item relating to chapter #hje the following3 #hjg4,position1 navigation1 and timing#hjgja4 4 7c7 ,implementation plan ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 as that term is defined in the amendments made by this section1 shall provide to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 a plan to ensure that the system required under such amendments is fully operational by not later than #c years after such date of enactment4 #dab4 ,waters deemed not navigable waters of the ,united ,states for certain purposes ,for purposes of the application of subtitle ,,ii of title #df1 ,united ,states ,code1 to the ,volunteer 7,hull ,number ,,cca#dajh71 the ,illinois and ,michigan ,canal is deemed to not be navigable waters of the ,united ,states4 #dac4 ,uninspected passenger vessels in ,st4 ,louis ,county1 ,minnesota ,section #daje of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,in applying this title with respect to an uninspected vessel of less than #be feet overall in length that carries passengers on ,crane ,lake or waters contiguous to such lake in ,st4 ,louis ,county1 ,minnesota1 the ,secretary shall substitute #ab passengers for #f passengers each place it appears in section #baja7db74 4 #dad4 ,engine cut-off switch requirements 7a7 ,installation requirement 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall issue a regulation amending part #ahc of title #cc1 ,code of ,federal ,regulations1 that requires associated equipment manufacturers1 distributors1 and dealers installing propulsion machinery and associated starting controls on a recreational vessel less than #bf feet overall in length and capable of developing at least #aae pounds of static thrust or #c horsepower to install an engine cut-off switch in compliance with ,american ,boat and ,yacht ,standard ,a-#cc4 7#b7 ,effective date ,the regulation shall take effect at the end of the #a-year period beginning on the date of the issuance of such regulation4 7b7 ,definitions ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall issue a regulation amending part #age and part #ahc of title #cc1 ,code of ,federal ,regulations1 that-- 7#a7 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 #bf feet overall in length that will stop propulsion if-- 7,a7 the switch is not properly connected to the propulsion machinery2 or 7,b7 the switch components are-- 7i7 submerged in water2 or 7ii7 separated from the propulsion machinery by a predetermined distance2 and 7#b7 defines the term engine cut-off switch link for purposes of that part to mean equipment that-- 7,a7 is attached to as recreational vessel operator2 and 7,b7 activates the engine cut-off switch4 7c7 ,education on cut-,off switches ,the ,commandant of the ,coast ,guard1 through the ,national ,boating ,safety ,advisory ,council established under section #acaaj of title #df1 ,united ,states ,code1 may initiate a boating safety program on the use and benefits of cut-off switches for recreational vessels4 #dae4 ,analysis of commercial fishing vessel classification requirements 7a7 ,analysis ,not later than #ahj days after the date of the enactment of this ,act1 the ,commandant of the ,coast ,guard shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate on the status of the implementation of the survey and classification requirements referred to in section #dejc of title #df1 ,united ,states ,code4 7b7 ,contents ,the analysis required under subsection 7a7 shall include information on-- 7#a7 the average costs to vessel owners to comply with such section2 and 7#b7 the impact such section is having on commercial fishing vessel safety4 ,v ,miscellaneous #eja4 ,repeal ,subsection 7h7 of section #hhh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dfh7 is repealed4 #ejb4 ,reimbursements for non-,federal construction costs of certain aids to navigation 7a7 ,in general ,subject to the availability of amounts specifically provided in advance in subsequent appropriations ,acts and in accordance with this section1 the ,commandant of the ,coast ,guard may reimburse a non-,federal entity for costs incurred by the entity for a covered project4 7b7 ,conditions ,the ,commandant may not provide reimbursement under subsection 7a7 with respect to a covered project unless-- 7#a7 the need for the project is a result of the completion of construction with respect to a federally authorized navigation channel2 7#b7 the ,commandant determines1 through an appropriate navigation safety analysis1 that the project is necessary to ensure safe marine transportation2 7#c7 the ,commandant approves the design of the project to ensure that it meets all applicable ,coast ,guard aids-to-navigation standards and requirements2 7#d7 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 navigation2 7#e7 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 project1 including obtaining all permits required for the project under ,federal and ,state law2 and 7#f7 the ,commandant determines that the project satisfies such additional requirements as may be established by the ,commandant4 7c7 ,limitations ,reimbursements under subsection 7a7 may not exceed the following3 7#a7 ,for a single covered project1 #e1jjj1jjj4 7#b7 ,for all covered projects in a single fiscal year1 #e1jjj1jjj4 7d7 ,expiration ,the authority granted under this section shall expire on the date that is #d years after the date of enactment of this section4 7e7 ,covered project defined ,in this section1 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 #bjjg 7,public ,law #aaj-aad74 #ejc4 ,corrections to provisions enacted by ,coast ,guard ,authorization ,acts ,section #fjd7;b7 of the ,howard ,coble ,coast ,guard and ,maritime ,transportation ,act of #bjad 7,public ,law #aac-bha2 #abh ,stat4 #cjfa7 is amended by inserting and fishery endorsement after endorsement4 #ejd4 ,ship ,shoal ,lighthouse transfer3 ,repeal ,effective ,january #a1 #bjba1 section #bg of the ,coast ,guard ,authorization ,act of #aiia 7,public ,law #ajb-bda2 #aje ,stat4 #bbah7 is repealed4 #eje4 ,coast ,guard maritime domain awareness 7a7 ,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 #fj days after the date of the enactment of this ,act under which the ,academy shall prepare an assessment of available unmanned1 autonomous1 or remotely controlled maritime domain awareness technologies for use by the ,coast ,guard4 7b7 ,assessment ,the assessment shall-- 7#a7 describe the potential limitations of current and emerging unmanned technologies used in the maritime domain for-- 7,a7 ocean observation2 7,b7 vessel monitoring and identification2 7,c7 weather observation2 7,d7 to the extent practicable for consideration by the ,academy1 intelligence gathering1 surveillance1 and reconnaissance2 and 7,e7 communications2 7#b7 examine how technologies described in paragraph 7#a7 can help prioritize ,federal investment by examining2 7,a7 affordability1 including acquisition1 operations1 and maintenance2 7,b7 reliability2 7,c7 versatility2 7,d7 efficiency2 and 7,e7 estimated service life and persistence of effort2 and 7#c7 analyze whether the use of new and emerging maritime domain awareness technologies can be used to-- 7,a7 carry out ,coast ,guard missions at lower costs2 7,b7 expand the scope and range of ,coast ,guard maritime domain awareness2 7,c7 allow the ,coast ,guard to more efficiently and effectively allocate ,coast ,guard vessels1 aircraft1 and personnel2 and 7,d7 identify adjustments that would be necessary in ,coast ,guard policies1 procedures1 and protocols to incorporate unmanned technologies to enhance efficiency4 7c7 ,report to ,congress ,not later than #a year after entering into an agreement with the ,secretary under subsection 7a71 ,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 ,commerce1 ,science1 and ,transportation of the ,senate4 7d7 ,use of information ,in formulating costs pursuant to subsection 7b71 the ,national ,academy of ,sciences may utilize information from other ,coast ,guard reports1 assessments1 or analyses regarding existing ,coast ,guard manpower requirements or other reports1 assessments1 or analyses for the acquisition of unmanned1 autonomous1 or remotely controlled technologies by the ,federal ,government4 #ejf4 ,towing safety management system fees 7a7 ,review ,the ,commandant of the ,coast ,guard shall-- 7#a7 review and compare the costs to the ,government of-- 7,a7 towing vessel inspections performed by the ,coast ,guard2 and 7,b7 such inspections performed by a third party2 and 7#b7 based on such review and comparison1 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 ,guard4 7b7 ,revision of fees ,if the ,commandant determines under subsection 7a7 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 ,guard1 then the ,commandant shall revise the fee assessed by the ,coast ,guard for such inspections as necessary to conform to the requirements under section #igja of title #ca1 ,united ,states ,code1 that such fee be based on the cost to the ,government of such inspections and accurately reflect such costs4 #ejg4 ,oil spill disbursements auditing and report ,section #ajab of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgab7 is amended-- 7#a7 by repealing subsection 7g72 7#b7 in subsection 7l77#a71 by striking ,within one year after the date of enactment of the ,coast ,guard ,authorization ,act of #bjaj1 and annually thereafter1 and inserting ,each year1 on the date on which the ,president submits to ,congress a budget under section #aaje of title #ca1 ,united ,states ,code12 and 7#c7 by amending subsection 7l77#b7 to read as follows3 7#b7 ,contents ,the report shall include-- 7,a7 a list of each incident that-- 7i7 occurred in the preceding fiscal year2 and 7ii7 resulted in disbursements from the ,fund1 for removal costs and damages1 totaling #ejj1jjj or more2 7,b7 a list of each incident that-- 7i7 occurred in the fiscal year preceding the preceding fiscal year2 and 7ii7 resulted in disbursements from the ,fund1 for removal costs and damages1 totaling #ejj1jjj or more2 and 7,c7 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 ,fund1 for removal costs and damages1 totaling #ejj1jjj or more4 4 #ejh4 ,land exchange1 ,ayakulik ,island1 ,alaska 7a7 ,land exchange ,if the owner of ,ayakulik ,island1 ,alaska1 offers to exchange the ,island for the ,tract-- 7#a7 within #cj days after receiving such offer1 the ,secretary shall provide notice of the offer to the ,commandant2 7#b7 within #cj days after receiving the notice under paragraph 7#a71 the ,commandant shall develop and transmit to the ,secretary proposed operational restrictions on commercial activity conducted on the ,tract1 including the right of the ,commandant to-- 7,a7 order the immediate termination1 for a period of up to #gb hours1 of any activity occurring on or from the ,tract that violates or threatens to violate one or more of such restrictions2 or 7,b7 commence a civil action for appropriate relief1 including a permanent or temporary injunction enjoining the activity that violates or threatens to violate such restrictions2 and 7#c7 within #cj days after receiving the proposed operational restrictions from the ,commandant1 the ,secretary shall transmit such restrictions to the owner of ,ayakulik ,island2 and 7#d7 within #cj days after transmitting the proposed operational restrictions to the owner of ,ayakulik ,island1 and if the owner agrees to such restrictions1 the ,secretary shall convey all right1 title and interest of the ,united ,states in and to the ,tract to the owner1 subject to an easement granted to the ,commandant to enforce such restrictions1 in exchange for all right1 title and interest of such owner in and to ,ayakulik ,island4 7b7 ,boundary revisions ,the ,secretary may make technical and conforming revisions to the boundaries of the ,tract before the date of the exchange4 7c7 ,public land order ,effective on the date of an exchange under subsection 7a71 ,public ,land ,order #eeej shall have no force or effect with respect to submerged lands that are part of the ,tract4 7d7 ,failure to timely respond to notice ,if the ,commandant does not transmit proposed operational restrictions to the ,secretary within #cj days after receiving the notice under subsection 7a77#a71 the ,secretary shall1 by not later than #fj days after transmitting such notice1 convey all right1 title1 and interest of the ,united ,states in and to the ,tract to the owner of ,ayakulik ,island in exchange for all right1 title1 and interest of such owner in and to ,ayakulik ,island4 7e7 ,,cercla not affected ,this section and an exchange under this section shall not be construed to limit the application of or otherwise affect section #abj7;h7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;h774 7f7 ,definitions ,in this section3 7#a7 ,commandant ,the term ,commandant means the ,secretary of the department in which the ,coast ,guard is operating1 acting through the ,commandant of the ,coast ,guard4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#c7 ,tract ,the term ,tract means the land 7including submerged land7 depicted as ,,proposed ,,property ,,exchange ,,area on the survey titled ,,proposed ,,property ,,exchange ,,parcel and dated #c_/bb_/ag4 #eji4 ,vessel response plans in the ,arctic 7a7 ,amendments to the ,oil ,pollution ,act of #aiij 7#a7 ,in general ,title ,v of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgca et seq47 is amended by adding at the end the following3 #ejji4 ,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 #caa7;j77#e7 of the ,federal ,water ,pollution ,control ,act for a vessel operating in any area covered by the ,captain of the ,port ,zone1 as established by the ,secretary1 that includes the ,arctic 7as defined in section #aab of the ,arctic ,research and ,policy ,act of #aihd 7#ae ,u4,s4,c4 #daaa771 unless the ,secretary verifies that-- 7#a7 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 operated1 as determined by the ,secretary2 and 7#b7 the oil spill removal organization identified in the vessel response plan under section #caa7;j77#e7 of the ,federal ,water ,pollution ,control ,act-- 7,a7 has records of training for equipment operators2 and 7,b7 conducts a full equipment deployment exercise in the area covered by the vessel response plan at least once every #c years1 except that the ,secretary may waive a required full equipment deployment exercise1 upon request of the organization1 if the organization implemented the vessel response plan 7including the deployment of equipment and operators7 during the preceding #c years in response to a discharge or substantial threat of a discharge of oil4 4 7#b7 ,clerical amendment ,the table of contents in section #b of the ,oil ,pollution ,act of #aiij is amended by inserting after the item relating to section #ejjg the following3 ,sec4 #ejjh4 ,north ,pacific ,marine ,research ,institute4 ,sec4 #ejji4 ,vessel response plans in the ,arctic4 4 7b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard shall submit to the ,committee on ,commerce1 ,science1 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 ,zone1 as established by the ,secretary1 that includes the ,arctic 7as defined in section #aab of the ,arctic ,research and ,policy ,act of #aihd 7#ae ,u4,s4,c4 #daaa774 ,the report shall include-- 7#a7 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 ,zone2 7#b7 a description of the locations of such equipment and assets1 including an estimate of the time necessary to deploy such equipment and assets2 7#c7 a determination regarding how effectively such equipment and assets are distributed throughout such ,captain of the ,port ,zone2 7#d7 a determination regarding whether the ability to deploy such equipment and assets is taken into account when measuring the equipment and assets available2 7#e7 a validation of the port assessment visit process and a verification of the response resource inventory2 and 7#f7 a description of the resources needed by the ,coast ,guard to conduct port assessments1 exercises1 response plan review1 and spill responses in such ,captain of the ,port ,zone4 #eaj4 ,assessment of public comments on additional anchorages on the ,hudson ,river 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,commandant of the ,coast ,guard shall-- 7#a7 assess the public comments received by the ,coast ,guard on proposals to establish additional anchorages on the ,hudson ,river between ,yonkers1 ,new ,york1 and ,kingston1 ,new ,york2 and 7#b7 submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on such assessment1 including-- 7,a7 a detailed summary of concerns raised in such comments about the economic1 safety1 and environmental impacts of such additional anchorages on the communities bordering the ,hudson ,river between ,yonkers1 ,new ,york1 and ,kingston1 ,new ,york1 including impacts of such anchorage grounds to sites listed on the ,national ,priorities ,list under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 and areas designated as critical habitat of species listed as endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7,b7 the response of the ,coast ,guard to such concerns4 7b7 ,restriction ,the ,commandant may not establish any of the anchorages described in subsection 7a7 before the end of the #ahj-;day period beginning on the date of the submission of the report under subsection 7a77#b74 #eaa4 ,public safety answering points and maritime search and rescue coordination ,not later than #ahj days after the date of the enactment of this ,act-- 7#a7 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-- 7,a7 further minimize the possibility of maritime #iaa calls being improperly routed2 and 7,b7 assure the ,coast ,guard is able to effectively carry out the ,coast ,guard's maritime search and rescue mission2 and 7#b7 the ,commandant shall formulate a national maritime public safety answering points policy and submit a report to the ,congress on that subject4 #eab4 ,documentation of ,america's ,finest ,notwithstanding sections #abaab and #abaac of title #df1 ,united ,states ,code1 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 7,united ,states official number #abgfgfj74 ,june #bf1 #bjag ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed