,,ii ,calendar ,no4 #aab #aaeth ,,congress #ast ,session ,s4 #aabi ,report ,no4 #aae-hi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjag,mr4 ,sullivan 7for himself1 ,mr4 ,thune1 and ,mr4 ,nelson7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,june #e1 #bjag,reported by ,mr4 ,thune1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to authorize appropriations for the ,coast ,guard1 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 of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,effective dates4,,title ,i--,authorizations,sec4 #aja4 ,authorization of appropriations4,sec4 #ajb4 ,authorized levels of military strength and training4,,title ,,ii--,coast ,guard,sec4 #bja4 ,primary duties4,sec4 #bjb4 ,training2 emergency response providers4,sec4 #bjc4 ,commissioned service retirement4,sec4 #bjd4 ,officer promotion zones4,sec4 #bje4 ,officer evaluation report4,sec4 #bjf4 ,retired pay2 amounts for payments in connection with modernized retirement system4,sec4 #bjg4 ,inclusion of vessel for investigation purposes4,sec4 #bjh4 ,leave for the birth of adoption of a child4,sec4 #bji4 ,aviation cadets2 appointment as ,reserve officers2 cross reference4,sec4 #baj4 ,clothing at time of discharge for good of service2 repeal4,sec4 #baa4 ,multiyear contracts4,sec4 #bab4 ,coast ,guard ,,rotc ,program4,,title ,,iii--,marine safety,sec4 #cja4 ,coast ,guard advisory committees4,sec4 #cjb4 ,clarification of logbook and entry requirements4,sec4 #cjc4 ,technical corrections2 licenses1 certifications of registry1 and merchant mariner documents4,sec4 #cjd4 ,numbering for undocumented barges4,sec4 #cje4 ,aids to navigation4,sec4 #cjf4 ,equipment requirements2 exemption from throwable personal flotation devices4,sec4 #cjg4 ,ensuring maritime coverage4,sec4 #cjh4 ,deadline for compliance with alternate safety compliance program4,sec4 #cji4 ,fishing1 fish tender1 and fish processing vessel certification4,sec4 #caj4 ,termination of unsafe operations2 technical amendment4,sec4 #caa4 ,installation and use of engine cut-off switches on recreational vessel4,sec4 #cab4 ,visual distress signals and alternative use4,sec4 #cac4 ,renewal period for documented recreational vessels4,sec4 #cad4 ,exception from survival craft requirements4,sec4 #cae4 ,inland waterway and river tender acquisition plan4,sec4 #caf4 ,arctic planning criteria4,,title ,,iv--,maritime security,sec4 #dja4 ,maritime border security cooperation4,sec4 #djb4 ,currency detection canine team program4,sec4 #djc4 ,confidential investigative expenses4,sec4 #djd4 ,arctic maritime domain awareness4,sec4 #dje4 ,strategic assets in the ,arctic4,,title ,v--,miscellaneous,sec4 #eja4 ,ship shoal lighthouse transfer2 repeal4,sec4 #ejb4 ,acquisition workforce expedited hiring authority4,sec4 #ejc4 ,drawbridges4,sec4 #ejd4 ,incentive contract2 ,coast ,guard yard and industrial establishments4,sec4 #eje4 ,coast ,guard health-care professionals2 licensure portability4,sec4 #ejf4 ,land exchange2 ,ayakulik ,island1 ,alaska4,sec4 #ejg4 ,abandoned seafarers fund amendments4,sec4 #ejh4 ,assistance for small shipyards4,sec4 #eji4 ,small shipyard contracts4,sec4 #eaj4 ,western challenger2 certificate of documentation4,,title ,,vi--,department of ,commerce vessels,sec4 #fja4 ,waivers for certain contracts4 #b4 ,effective dates 7a7 ,in general ,except as otherwise specifically provided in this ,act1 this ,act and the amendments made by this ,act shall take effect on the date of enactment of this ,act4 7b7 ,certain delayed effective dates ,the amendments made by sections #aja1 #ajb1 #djc1 and #ejh7;a7 shall take effect on ,october #a1 #bjag4 ,the amendments made by section #bjf shall take effect on ,january #a1 #bjah4 ,i ,authorizations #aja4 ,authorization of appropriations ,section #bgjb of title #ad1 ,united ,states ,code1 is amended to read as follows3 ,funds are authorized to be appropriated for each of fiscal years #bjah and #bjai for necessary expenses of the ,coast ,guard as follows3 7#a7 ,for the operation and maintenance of the ,coast ,guard1 not otherwise provided for-- 7,a7 #g1cjj1jjj1jjj for fiscal year #bjah2 and 7,b7 #g1eib1jjj1jjj for fiscal year #bjai4 7#b7 ,for the acquisition1 construction1 renovation1 and improvement of aids to navigation1 shore and offshore facilities1 vessels1 and aircraft1 including equipment related thereto1 and for maintenance1 rehabilitation1 lease1 and operation of facilities and equipment-- 7,a7 #a1ihe1hde1jjj for fiscal year #bjah1 to remain available through ,september #cj1 #bjbb2 and 7,b7 #b1jbg1edg1gde for fiscal year #bjai1 to remain available through ,september #cj1 #bjbc4 7#c7 ,for the ,coast ,guard ,reserve program1 including operations and maintenance of the program1 personnel and training costs1 equipment1 and services-- 7,a7 #adb1ief1ccf for fiscal year #bjah2 and 7,b7 #ade1ieh1dai for fiscal year #bjai4 7#d7 ,for the environmental compliance and restoration of ,coast ,guard under chapter #ai of this title-- 7,a7 #ag1jea1gba for fiscal year #bjah1 to remain available through ,september #cj1 #bjbb2 and 7,b7 #ag1dji1hjg for fiscal year #bjai1 to remain available through ,september #bj1 #bjbc4 7#e7 ,to the ,commandant of the ,coast ,guard for research1 development1 test1 and evaluation of technologies1 materials1 and human factors directly related to improving the performance of the ,coast ,guard's mission with respect to search and rescue1 aids to navigation1 marine safety1 marine environmental protection1 enforcement of laws and treaties1 ice operations1 oceanographic research1 and defense readiness1 and for maintenance1 rehabilitation1 lease1 and operation of facilities and equipment-- 7,a7 #bj1cjg1fij for fiscal year #bjah2 and 7,b7 #bj1gcd1aea for fiscal year #bjai4 4 #ajb4 ,authorized levels of military strength and training ,section #bgjd of title #ad1 ,united ,states ,code1 is amended to read as follows3 7a7 ,active duty strength ,the ,coast ,guard is authorized an end-of-year strength for active duty personnel of #dc1jjj for each of fiscal years #bjah and #bjai4 7b7 ,military training student loads ,the ,coast ,guard is authorized average military training student loads for each of fiscal years #bjah and #bjai as follows3 7#a7 ,for recruit and special training1 #b1ejj student years4 7#b7 ,for flight training1 #afe student years4 7#c7 ,for professional training in military and civilian institutions1 #cej student years4 7#d7 ,for officer acquisition1 #a1bjj student years4 4 ,,ii ,coast ,guard #bja4 ,primary duties ,section #b7g7 of title #ad1 ,united ,states ,code1 is amended by striking including the fulfillment of ,maritime ,defense ,zone command responsibilities and inserting and at all times assist in the defense of the ,united ,states4 #bjb4 ,training2 emergency response providers 7a7 ,in general ,chapter #g of title #ad1 ,united ,states ,code1 is amended by inserting after section #ada the following3 #ada;a4 ,training2 emergency response providers 7a7 ,in general ,the ,commandant 7or the ,commandant's designee7 may1 on a reimbursable or a non-reimbursable basis1 make training available to public safety personnel whenever the ,commandant 7or the ,commandant's designee7 determines that-- 7#a7 a member of the ,coast ,guard1 who was 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 described in paragraph 7#a71 is able or available to participate in such training2 and 7#c7 such training1 if made available to public safety personnel1 would further the goal of interoperability among ,federal agencies1 non-,federal governmental agencies1 or both4 7b7 ,definition of emergency response provider ,in this section1 the term emergency response provider has the meaning given the term in section #aja of title #f4 7c7 ,treatment of reimbursement ,any reimbursement for training that the ,coast ,guard receives under this section shall be credited to the appropriation used to pay the costs for such training4 7d7 ,status2 limitation on liability 7#a7 ,status ,any individual to whom1 as an emergency response provider1 training is made available under this section shall not be considered a ,federal employee for any purpose1 including the purposes of-- 7,a7 chapter #ha of title #e 7relating to compensation for injury72 or 7,b7 sections #bfga through #bfhj of title #bh 7relating to tort claims74 7#b7 ,limitation on liability ,the individual described in paragraph 7#a7 or that individual's employer shall be liable for any claim arising out of such training4 4 7b7 ,table of contents ,the table of contents of chapter #g of title #ad1 ,united ,states ,code1 is amended by inserting after the item relating to section #ada the following3 #ada;a4 ,training2 emergency response providers4 4 #bjc4 ,commissioned service retirement ,section #bia of title #ad1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7a7 ,in general4-- before ,any regular and indenting appropriately2 7#b7 in subsection 7a71 as designated-- 7,a7 by inserting of the ,coast ,guard after officer2 and 7,b7 by striking ,president and inserting ,secretary2 and 7#c7 by adding at the end the following3 7b7 ,active commissioned service ,the ,secretary may authorize the ,commandant1 through fiscal year #bjai1 to reduce the requirement under subsection 7a7 for at least ten years of active service as a commissioned officer to a period of not less than eight years4 4 #bjd4 ,officer promotion zones ,section #bef7;a7 of title #ad1 ,united ,states ,code1 is amended by striking six-tenths and inserting one-half4 #bje4 ,officer evaluation report 7a7 ,in general ,beginning with the first evaluation cycle after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard shall reduce lieutenant junior grade evaluation reports to the same length as an ensign or place lieutenant junior grade evaluations on an annual schedule4 7b7 ,board survey ,the ,commandant of the ,coast ,guard shall survey outgoing promotion board members to determine1 at a minimum-- 7#a7 which sections of the officer evaluation report were most useful2 7#b7 which sections of the officer evaluation report were least useful2 7#c7 how to better reflect high performers1 and 7#d7 any recommendations for improving the officer evaluation report4 7c7 ,survey of officers ,the ,commandant of the ,coast ,guard shall conduct a survey on the officer evaluation report to-- 7#a7 cover at least #aj percent of the officers from each grade of officers from ,o#a to ,o#f2 and 7#b7 determine how much time each member of the rating chain spends on that member's portion of the officer evaluation report4 7d7 ,report 7#a7 ,in general ,not later than #ede 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-- 7,a7 on the findings of the survey under subsection 7b72 and 7,b7 on the findings of the survey under subsection 7c74 7#b7 ,format ,the report under paragraph 7#a7 shall be formatted by each rank1 type of board1 and position1 as applicable4 #bjf4 ,retired pay2 amounts for payments in connection with modernized retirement system 7a7 ,in general ,chapter #aa of title #ad1 ,united ,states ,code1 is amended by inserting after section #dbd;a the following3 #dbd;b4 ,retired pay2 amounts for payments in connection with modernized retirement system ,of the amounts appropriated for retirement pay under this chapter in any fiscal year1 the ,secretary may use such sums as are necessary for the following purposes 7in addition to other amounts that may be available for such purposes7 as such purposes relate to a member3 7#a7 ,lump sum payment of certain retired pay under section #adae of title #aj4 7#b7 ,thrift ,savings ,plan contributions under section #hddj;e7e7 of title #e4 7#c7 ,continuation pay under section #cef of title #cg4 4 7b7 ,table of contents ,the table of contents for chapter #aa of title #ad1 ,united ,states ,code1 is amended by inserting after the item relating to section #dbd the following3 #dbd;b4 ,retired pay2 amounts for payments in connection with modernized retirement system4 4 #bjg4 ,inclusion of vessel for investigation purposes 7a7 ,in general ,section #fgh of title #ad1 ,united ,states ,code1 is amended by inserting or vessel after aircraft each place it appears4 7b7 ,technical and conforming amendments ,chapter #ag of title #ad1 ,united ,states ,code1 is amended-- 7#a7 in the table of contents of chapter #ag1 by inserting and vessel after ,aircraft in the item relating to section #fgh2 and 7#b7 in the heading for section #fgh1 by inserting and vessel after ,aircraft4 #bjh4 ,leave for the birth of adoption of a child ,section #dca of title #ad1 ,united ,states ,code1 is amended-- 7#a7 by striking ,not later than #a year and inserting the following3 7a7 ,in general ,except as provided in subsection 7b71 not later than #a year 2 and 7#b7 by adding at the end the following3 7b7 ,leave associated with the birth or adoption of a child ,notwithstanding any other provision of law1 including section #gja of title #aj1 the ,secretary of the department in which the ,coast ,guard is operating shall ensure that any rule1 policy1 or memorandum that provides leave associated with the birth or adoption of a child to officers and enlisted members of the ,coast ,guard permits1 at the discretion of the ,commanding ,officer-- 7#a7 an officer or member to take such leave in increments2 and 7#b7 flexible work schedules for such officer or member until all such leave is expended4 4 #bji4 ,aviation cadets2 appointment as ,reserve officers2 cross reference ,section #cgc7;a7 of title #ad1 ,united ,states ,code1 is amended by inserting designated under section #cga after cadet4 #baj4 ,clothing at time of discharge for good of service2 repeal ,section #dhb of title #ad1 ,united ,states ,code1 and the item relating to that section in the table of contents of chapter #ac of that title1 are repealed4 #baa4 ,multiyear contracts ,the ,secretary is authorized to enter into a multiyear contract for the procurement of a tenth1 eleventh1 and twelfth ,national ,security ,cutter and associated government-furnished equipment4 #bab4 ,coast ,guard ,,rotc ,program ,not later than #a year 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 costs and benefits of creating a ,coast ,guard ,reserve ,officers' ,training ,corps ,program based on the other armed forces programs4 ,,iii ,marine safety #cja4 ,coast ,guard advisory committees 7a7 ,establishment ,subtitle ,i of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #g ,coast ,guard advisory committees ,sec4#gja4 ,administration4#gjb4 ,chemical ,transportation ,advisory ,committee4#gjc4 ,commercial ,fishing ,safety ,advisory ,committee4#gjd4 ,great ,lakes ,pilotage ,advisory ,committee4#gje4 ,lower ,mississippi ,river ,waterway ,safety ,advisory ,committee4#gjf4 ,merchant ,marine ,personnel ,advisory ,committee4#gjg4 ,merchant ,mariner ,medical ,advisory ,committee4#gjh4 ,national ,boating ,safety ,advisory ,council4#gji4 ,national ,maritime ,security ,advisory ,committee4#gaj4 ,national ,offshore ,safety ,advisory ,committee4#gaa4 ,navigation ,safety ,advisory ,council4#gab4 ,towing ,safety ,advisory ,committee4 #gja4 ,administration 7a7 ,employee status ,a member of an advisory committee or advisory council established under this chapter shall not be considered an employee of the ,federal ,government by reason of service on such committee or council1 except for the purposes of the following provisions of law3 7#a7 ,section #egjc of title #e 7relating to travel expenses74 7#b7 ,chapter #ha of title #e 7relating to compensation for work injuries74 7#c7 ,chapter #aga of title #bh and any other ,federal statute relating to tort liability4 7#d7 ,if the member is a special ,government employee-- 7,a7 chapter #gc of title #e2 7,b7 sections #bja1 #bjb1 #bjc1 #bje1 #bjg1 #bjh1 and #bji of title #ah2 7,c7 the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app472 and 7,d7 any other provision of law relating to employee conduct1 political activities1 ethics1 conflict of interest1 and corruption that applies to a special ,government employee4 7b7 ,compensation ,a member of an advisory committee or advisory council established under this chapter who is not otherwise a ,federal employee shall not receive pay by reason of service on such committee or council4 7c7 ,acceptance of volunteer services ,a member of an advisory committee or advisory council established under this chapter may serve on a voluntary basis without pay without regard to section #acdb of title #ca or any other law4 #gjb4 ,chemical ,transportation ,advisory ,committee 7a7 ,establishment ,there is established a ,chemical ,transportation ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function ,the ,committee1 acting through the ,commandant 7or the ,commandant's designee71 is authorized to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to the safe and secure marine transportation of hazardous materials4 7c7 ,organization 7#a7 ,meeting ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of not more than #be members4 7,b7 ,points of view ,each member of the ,committee shall represent the point of view of #a of the following entities or groups associated with marine transportation of hazardous materials3 7i7 ,chemical manufacturing4 7ii7 ,marine handling or transportation of chemicals4 7iii7 ,vessel design and construction4 7iv7 ,marine safety or security4 7v7 ,marine environmental protection4 7,c7 ,needs of the ,coast ,guard ,the ,commandant 7or the ,commandant's designee7 shall1 based on the needs of the ,coast ,guard1 determine the number of members who represent a specific point of view4 7,d7 ,rule of construction ,neither this subsection nor any other provision of law or policy shall be construed to require an equal distribution of members representing specific points of view among the membership of the ,committee4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah1 each member of the ,committee is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,committee4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,committee more than once4 7,c7 ,service ,each member of the ,committee shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7,b7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairman2 vice chairman 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,committee as the ,chairman and another member of the ,committee as the ,vice ,chairman1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairman and the ,vice ,chairman4 7,c7 ,vacancy ,the ,vice ,chairman shall act as ,chairman in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairman4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 #gjc4 ,commercial ,fishing ,safety ,advisory ,committee 7a7 ,establishment ,there is established a ,commercial ,fishing ,safety ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function ,the ,committee1 acting through the ,commandant 7or the ,commandant's designee71 is authorized-- 7#a7 to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to the safe operation of vessels to which chapter #de of this title applies1 including navigation safety1 safety equipment and procedures1 marine insurance1 vessel design1 construction1 maintenance and operation1 and personnel qualifications and training2 and 7#b7 to review proposed regulations promulgated pursuant to chapter #de of this title4 7c7 ,organization 7#a7 ,meeting ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of #ah members4 7,b7 ,experience ,each member of the ,committee shall have particular expertise1 knowledge1 and experience regarding the commercial fishing industry4 7,c7 ,points of view ,except as provided in subparagraph 7,d71 a member of the ,committee shall represent the point of view of an entity or group1 as follows3 7i7 #aj members representing the commercial fishing industry who-- 7,i7 reflect a regional and representational balance2 and 7,,ii7 have experience in the operation of vessels to which chapter #de of this title applies or as a crew member or processing line worker on a fish processing vessel4 7ii7 #a member representing naval architects or marine engineers4 7iii7 #a member representing manufacturers of equipment for vessels to which chapter #de of this title applies4 7iv7 #a member representing education or training professionals related to fishing vessel1 fish processing vessel1 or fish tender vessel safety or personnel qualifications4 7v7 #a member representing underwriters that insure vessels to which chapter #de of this title applies4 7vi7 #a member representing owners of vessels to which chapter #de of this title applies4 7,d7 ,exception 7i7 ,in general ,subject to clause 7ii71 #c members of the ,committee shall represent the general public4 7ii7 ,experience ,whenever possible1 a member who represents the general public shall be either-- 7,i7 an independent expert or consultant in maritime safety2 7,,ii7 a marine surveyor who provides services to vessels to which chapter #de of this title applies2 or 7,,iii7 a person familiar with issues affecting fishing communities and families of fishermen4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah-- 7,a7 a member of the ,committee1 whom the ,secretary appoints to represent a point of view of an entity or group under paragraph 7#b77;,c71 is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah72 and 7,b7 a member of the ,committee1 whom the ,secretary may appoint to represent the general public1 is hereby deemed a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,committee4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,committee more than once4 7,c7 ,service ,each member of the ,committee shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7,b7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairman2 vice chairman 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,committee as the ,chairman and another member of the ,committee as the ,vice ,chairman1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairman and the ,vice ,chairman4 7,c7 ,vacancy ,the ,vice ,chairman shall act as ,chairman in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairman4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,consultation ,the ,commandant 7or the ,commandant's designee7 shall1 whenever practicable-- 7#a7 consult with the ,committee before taking any significant action relating to the safe operation of vessels to which chapter #de of this title applies2 and 7#b7 consider the information1 advice1 and recommendations of the ,committee in consulting with other agencies and the public or in formulating policy regarding the safe operation of vessels to which chapter #de of this title applies4 7e7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 #gjd4 ,great ,lakes ,pilotage ,advisory ,committee 7a7 ,establishment ,there is established a ,great ,lakes ,pilotage ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function2 recommendations 7#a7 ,functions ,subject to paragraph 7#b71 the ,committee1 acting through the ,commandant 7or the ,commandant's designee71 is authorized-- 7,a7 to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to ,great ,lakes pilotage2 and 7,b7 to review proposed ,great ,lakes pilotage regulations and policies and make recommendations to the ,secretary that the ,committee considers appropriate4 7#b7 ,recommendations ,at least #f of the #g members shall agree by vote to make any recommendation under this subsection4 7c7 ,organization 7#a7 ,meetings ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of #g members4 7,b7 ,experience ,except as provided in subparagraph 7,d71 each member of the ,committee shall have at least #e years practical experience in maritime operations4 7,c7 ,points of view ,except as provided in subparagraph 7,d71 a member of the ,committee shall represent the point of view of an entity or group1 as follows3 7i7 #c members representing the interests of ,great ,lake pilots1 among whom shall be the president of each ,great ,lake pilotage district 7or the president's designee74 7ii7 #a member representing the interests of vessel operators that contract for ,great ,lakes pilotage services4 7iii7 #a member representing the interests of ,great ,lakes ports4 7iv7 #a member representing the interests of shippers whose cargoes are transported through ,great ,lakes ports4 7,d7 ,remaining member #a member of the ,committee-- 7i7 shall have a background in finance or accounting2 7ii7 must have been recommended to the ,secretary by a unanimous vote of the other members of the ,committee2 and 7iii7 may be appointed without regard to requirement under subparagraph 7,b7 that each member have #e years of practical experience in maritime operations4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah-- 7,a7 a member of the ,committee1 whom the ,secretary appoints to represent the point of view of an entity or group under paragraph 7#b77;,c71 is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah72 and 7,b7 the member of the ,committee with the background prescribed under paragraph 7#b77;,d7 is hereby deemed a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,committee4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,committee more than once4 7,c7 ,service ,each member of the ,committee shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7,b7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairman2 vice chairman 7,a7 ,designation ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,committee as the ,chairman and another member of the ,committee as the ,vice ,chairman1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairman and the ,vice ,chairman4 7,c7 ,vacancy ,the ,vice ,chairman shall act as ,chairman in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairman4 7#g7 ,designated ,federal officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7#h7 ,observers 7,a7 ,in general ,the ,secretary1 at the request of the ,commandant1 may designate #b individuals to participate as observers in the work of the ,committee and offer necessary information for which each observer is uniquely qualified to provide4 7,b7 ,requirements ,each observer-- 7i7 shall not be deemed a member of the ,committee2 7ii7 shall not vote on any matter before the ,committee2 7iii7 shall not contribute to a quorum2 7iv7 shall serve without compensation2 and 7v7 shall be responsible for all travel expenses4 7,c7 ,designation2 experience 7i7 ,experience ,the ,secretary may designate an individual as an observer without regard to the requirement of paragraph 7#b77;,b71 except that-- 7,i7 #a observer shall have particular knowledge of the national interests of ,american pilots2 and 7,,ii7 #a observer shall have particular knowledge of the interests of ,canadian shippers4 7ii7 ,notice ,the ,secretary may designate an individual as an observer without regard to the requirement of paragraph 7#d77;,a71 except that the ,secretary may solicit1 from the ,commandant1 recommendations with regard to the individual whom the ,secretary shall designate as an observer4 7iii7 ,canadian shippers ,with regard to the individual with particular knowledge of the interests of ,canadian shippers1 the ,secretary may1 with the concurrence of the ,secretary of ,state1 designate an individual who is a citizen of ,canada4 7,d7 ,vacancy ,an observer shall serve a term of not more than #c years from the effective date of the designation1 except that1 in the case of a designation to fill a vacancy on the ,committee1 the observer shall be designated for a full term4 7d7 ,consultation ,the ,commandant 7or the ,commandant's designee7 shall1 whenever practicable-- 7#a7 consult with the ,committee before taking any significant action relating to ,great ,lakes pilotage2 and 7#b7 consider the information1 advice1 and recommendations of the ,committee in formulating policy regarding matters affecting ,great ,lakes pilotage4 7e7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 #gje4 ,lower ,mississippi ,river ,waterway ,safety ,advisory ,committee 7a7 ,establishment ,there is established a ,lower ,mississippi ,river ,waterway ,safety ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function ,the ,committee1 acting through the ,commandant 7or the ,commandant's designee71 is authorized to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to communication1 surveillance1 traffic management1 anchorages1 development and operation of ,new ,orleans ,vessel ,traffic ,services1 and other related topics dealing with and actions relating to navigational safety on the ,lower ,mississippi ,river4 7c7 ,organization 7#a7 ,meeting ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of #bd members4 7,b7 ,experience ,each member of the ,committee shall have expertise1 knowledge1 and experience regarding the transportation1 equipment1 and techniques that are used to ship cargo and to navigate vessels on the ,lower ,mississippi ,river and its connecting navigable waterways1 including the ,gulf of ,mexico4 7,c7 ,points of view ,except as provided in subparagraph 7,d71 each member of the ,committee shall represent the point of view of an entity or group1 as follows3 7i7 #e members representing ,river ,port ,authorities between ,baton ,rouge1 ,louisiana1 and the head of passes of the ,lower ,mississippi ,river1 of which-- 7,i7 #a member shall be from the ,port of ,st4 ,bernard2 and 7,,ii7 #a member from the ,port of ,plaquemines4 7ii7 #b members representing vessel owners or ship owners domiciled in the ,state of ,louisiana4 7iii7 #b members representing organizations which operate harbor tugs or barge fleets in the geographical area covered by the ,committee4 7iv7 #b members representing companies which transport cargo or passengers on the navigable waterways in the geographical area covered by the ,committee4 7v7 #c members representing ,state ,commissioned ,pilot organizations1 with #a member each representing-- 7,i7 the ,new ,orleans-,baton ,rouge ,steamship ,pilots ,association2 7,,ii7 the ,crescent ,river ,port ,pilots ,association2 and 7,,iii7 the ,association ,branch ,pilots4 7vi7 #c members representing consumers1 shippers1 or importers and exporters that utilize vessels which utilize the navigable waterways covered by the ,committee4 7vii7 #b members representing those licensed merchant mariners1 other than pilots1 who perform shipboard duties on those vessels which utilize navigable waterways covered by the ,committee4 7viii7 #a member representing an organization that serves in a consulting or advisory capacity to the maritime industry4 7ix7 #a member representing an environmental organization4 7,d7 ,additional members 7i7 ,in general #c members of the ,committee shall represent the general public4 7ii7 ,water transportation facilities ,whenever possible1 #b of the #c members who represent the general public shall be individuals who utilize water transportation facilities located in the geographic area that the ,committee covers4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah-- 7,a7 each member of the ,committee1 whom the ,secretary appoints to represent the point of view of an entity or group set out in paragraph 7#b77;,c71 is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah72 and 7,b7 each member of the ,committee1 whom the ,secretary appoints to represent the general public1 is hereby deemed a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,committee4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,committee more than once4 7,c7 ,service ,each member of the ,committee shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extension ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7,b7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairman2 vice chairman 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,committee as the ,chairman and another member of the ,committee as the ,vice ,chairman1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairman and the ,vice ,chairman4 7,c7 ,vacancy ,the ,vice ,chairman shall act as ,chairman in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairman4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,consultation ,the ,commandant 7or the ,commandant's designee7 shall1 whenever practicable1 consult with the ,committee before taking any significant action relating to navigation safety in the ,lower ,mississippi ,river4 7e7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 #gjf4 ,merchant ,marine ,personnel ,advisory ,committee 7a7 ,establishment ,there is established a ,merchant ,marine ,personnel ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function ,the ,committee1 acting through the ,commandant 7or the ,commandant's designee71 is authorized to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to personnel in the ,united ,states merchant marine1 including training1 qualifications1 certification1 documentation1 and fitness standards4 7c7 ,meeting ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7d7 ,membership 7#a7 ,in general ,the ,committee shall consist of #ai members4 7#b7 ,points of view ,except as provided in subparagraph 7,c71 each member of the ,committee shall represent the point of view of an entity or group1 as follows3 7,a7 #i members representing the interests of mariners-- 7i7 each of whom-- 7,i7 shall be a citizen of the ,united ,states2 and 7,,ii7 shall hold an active license or certificate issued under chapter #ga of this title or a merchant mariner document issued under chapter #gc of this title2 and 7ii7 among whom shall be-- 7,i7 #c deck officers representing the interests of merchant marine deck officers1 of whom-- 7aa7 #b shall be licensed for oceans any gross tons2 7bb7 #a shall be licensed for inland river route with a limited or unlimited tonnage2 7cc7 #b shall have a master's license or a master of towing vessels license2 7dd7 #a shall have significant tanker experience2 and 7ee7 to the extent practicable-- 7,,aa7 #a shall represent the interests of labor2 and 7,,bb7 #a shall represent the interests of management2 7,,ii7 #c engineering officers representing the interests of merchant marine engineering officers1 of whom-- 7aa7 #b shall be licensed as chief engineer any horsepower2 7bb7 #a shall be licensed as either a limited chief engineer or a designated duty engineer2 and 7cc7 to the extent practicable-- 7,,aa7 #a shall represent the interests of labor2 and 7,,bb7 #a shall represent the interests of management2 7,,iii7 #b unlicensed seamen1 of whom-- 7aa7 #a shall represent the interests of able-bodied seamen2 and 7bb7 #a shall represent the interests of qualified members of the engine department2 and 7,,iv7 #a pilot representing the interests of merchant marine pilots4 7,b7 #f members representing the interests of marine educators-- 7i7 each of whom shall be a marine educator2 and 7ii7 among whom shall be-- 7,i7 #c marine educators who shall represent the interests of maritime academies1 including-- 7aa7 #b who shall represent the interests of ,state maritime academies2 and 7bb7 #a who shall represent either the viewpoint of the ,state maritime academies or the ,united ,states ,merchant ,marine ,academy2 and 7,,ii7 #c marine educators who shall represent the interests of other maritime training institutions1 #a of whom shall represent the interests of the small vessel industry4 7,c7 #b members representing the interests of shipping companies employed in ship operation management4 7,d7 #b members of the ,committee shall represent the general public4 7#c7 ,status of members 7,a7 ,in general ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah-- 7i7 a member of the ,committee1 whom the ,secretary appoints to represent the point of view of an entity or group set out in paragraph 7#b77;,b71 is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah72 and 7ii7 a member of the ,committee1 whom the ,secretary appoints to represent the general public1 is hereby deemed a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7,b7 ,rule of construction ,nothing in this section shall be construed to prohibit the nomination or appointment of a ,federal employee to serve as a member of the ,committee representing the interests of the ,united ,states ,merchant ,marine ,academy4 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,committee4 7iii7 ,reappointment ,the ,secretary may reappoint a member to the ,committee more than once4 7,c7 ,soliciting nominations ,notwithstanding subparagraphs 7,a7 and 7,b71 the ,secretary may-- 7i7 with regard to the appointment of a member or members to represent the interests of the ,state maritime academies1 solicit nominations for membership on the ,committee from each ,state maritime academy or a joint nomination from some or all ,state maritime academies2 and 7ii7 with regard to the appointment of a member to represent the interests of the ,united ,states ,merchant ,marine ,academy1 solicit a nomination for membership on the ,committee from the ,secretary of ,transportation4 7,d7 ,service ,each member of the ,committee shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7iii7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairman2 vice chairman 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,committee as the ,chairman and another member of the ,committee as the ,vice ,chairman1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairman and the ,vice ,chairman4 7,c7 ,vacancy ,the ,vice ,chairman shall act as ,chairman in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairman4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7e7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 #gjg4 ,merchant ,mariner ,medical ,advisory ,committee 7a7 ,establishment ,there is established a ,merchant ,mariner ,medical ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function ,the ,committee1 acting through the ,commandant 7or the ,commandant's designee71 is authorized to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to-- 7#a7 medical certification determinations of merchant mariners2 7#b7 medical standards and guidelines for the physical qualifications of operators of commercial vessels2 7#c7 medical examiner education2 and 7#d7 medical research4 7c7 ,organization 7#a7 ,meeting ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of #ad members4 7,b7 ,restriction ,no member of the ,committee shall be a regular ,federal employee4 7,c7 ,experience ,of the members of the ,committee-- 7i7 #aj members shall be health-care professionals with particular expertise1 knowledge1 or experience regarding the medical examinations of merchant mariners or occupational medicine2 and 7ii7 #d members shall be professional mariners with knowledge and experience in mariners' occupational requirements4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah1 each member of the ,committee is hereby deemed a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,committee4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,committee more than once4 7,c7 ,service ,each member of the ,committee shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7iii7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairman2 vice chairman 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,committee as the ,chairman and another member of the ,committee as the ,vice ,chairman1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairman and the ,vice ,chairman4 7,c7 ,vacancy ,the ,vice ,chairman shall act as ,chairman in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairman4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 #gjh4 ,national ,boating ,safety ,advisory ,council 7a7 ,establishment ,there is established a ,national ,boating ,safety ,advisory ,council 7referred to in this section as the ,council74 7b7 ,organization 7#a7 ,meeting ,the ,council shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,council shall consist of #ba members4 7,b7 ,experience ,each member of the ,council shall have particular expertise1 knowledge1 and experience in recreational boating safety4 7,c7 ,points of view ,except as provided in subparagraph 7,d71 each member of the ,council shall represent the point of view of an entity or group1 as follows3 7i7 #g members representing ,state officials responsible for ,state boating safety programs4 7ii7 #g members representing manufacturers1 wholesale distributors1 or retail distributors of recreational vessels or associated equipment4 7iii7 ,at least #e members representing national recreational boating organizations4 7,d7 ,additional members ,not more than #b members of the ,council may represent the general public4 7,e7 ,panels ,additional individuals from an entity or group set out in subparagraph 7,c7 may be appointed to panels of the ,council to assist the ,council in performing its duties4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah-- 7,a7 a member of the ,council1 whom the ,secretary appoints to represent the point of view of an entity or group set out in paragraph 7#b77;,c71 is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah72 and 7,b7 in the event that the ,secretary appoints a member to represent the general public1 such member of the ,council is hereby deemed a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,council4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,council4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,council4 7iii7 ,vacancy ,the ,secretary may reappoint a member to the ,council more than once4 7,c7 ,service ,each member of the ,council shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,council shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7#a71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,council to ,december #ca of the fifth full year after the effective date of the appointment4 7iii7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,council1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairman2 vice chairman 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,council as the ,chairman and another member of the ,council as the ,vice ,chairman1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,council1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairman and the ,vice ,chairman4 7,c7 ,vacancy ,the ,vice ,chairman shall act as ,chairman in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairman4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,council in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7c7 ,consultation ,in addition to the consultation required by section #dcjb of this title1 the ,commandant 7or the ,commandant's designee7 shall1 whenever practicable1 consult with the ,council on boating safety matters related to chapter #aca of this title4 7d7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,council4 7#b7 ,termination ,the ,council shall terminate on ,september #cj1 #bjbg4 #gji4 ,national ,maritime ,security ,advisory ,committee 7a7 ,establishment ,there is established a ,national ,maritime ,security ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function ,the ,committee1 acting through the ,commandant 7or the ,commandant's designee71 is authorized to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to national maritime security4 7c7 ,organization 7#a7 ,meeting ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of not less than #h members1 but not more than #ab members4 7,b7 ,experience ,each member of the ,committee shall have at least #e years practical experience in maritime security operations4 7,c7 ,points of view ,each member of the ,committee shall represent the point of view of an entity or group1 as follows3 7i7 ,at least #a member representing the port authorities4 7ii7 ,at least #a member representing the facilities owners or operators4 7iii7 ,at least #a member representing the terminal owners or operators4 7iv7 ,at least #a member representing the vessel owners or operators4 7v7 ,at least #a member representing the maritime labor organizations4 7vi7 ,at least #a member representing the academic community4 7vii7 ,at least #a member representing ,state or local governments4 7viii7 ,at least #a member representing the maritime industry4 7ix7 ,not more than #d members1 each representing an entity or group1 the point of view of which or the area of expertise of which the ,commandant 7or the ,commandant's designee7 determines would aid the ,committee's deliberations4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah1 each member of the ,committee is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of an individual in making an appointment to the ,committee4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,committee more than once4 7,c7 ,service ,each member of the ,committee shall serve at the pleasure of the ,secretary4 7,d7 ,background examinations ,the ,secretary may require an individual to have passed an appropriate security background examination before appointment to the ,committee4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7iii7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairman2 vice chairman 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,committee as the ,chairman and another member of the ,committee as the ,vice ,chairman1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairman and the ,vice ,chairman4 7,c7 ,vacancy ,the ,vice ,chairman shall act as ,chairman in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairman4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 #gaj4 ,national ,offshore ,safety ,advisory ,committee 7a7 ,establishment ,there is established a ,national ,offshore ,safety ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function ,the ,committee1 acting through the ,commandant 7or the ,commandant's designee71 is authorized to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to activities directly involved with1 or in support of1 the exploration of offshore mineral and energy resources insofar as such activities relate to matters within ,coast ,guard jurisdiction4 7c7 ,organization 7#a7 ,meeting ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of #ae members4 7,b7 ,points of view ,except as provided in subparagraph 7,c71 each member of the ,committee shall represent the point of view of an entity or group1 as follows3 7i7 #b members representing companies1 organizations1 enterprises1 or similar entities engaged in the production of petroleum4 7ii7 #b members representing companies1 organizations1 enterprises1 or similar entities engaged in offshore drilling4 7iii7 #b members representing companies1 organizations1 enterprises or similar entities engaged in the support1 by offshore supply vessels or other vessels1 of offshore operations4 7iv7 #a member representing a company1 organization1 enterprise or similar entity engaged in the construction of offshore facilities4 7v7 #a member representing a company1 organization1 enterprise or similar entity providing diving services to the offshore industry4 7vi7 #a member representing a company1 organization1 enterprise or similar entity providing safety and training services to the offshore industry4 7vii7 #a member representing a company1 organization1 enterprise or similar entity providing subsea engineering1 construction or remotely operated vehicle support to the offshore industry4 7viii7 #b members representing employees of companies1 organizations1 enterprises or similar entities engaged in offshore operations1 #a of whom should have recent practical experience on vessels or units involved in the offshore industry4 7ix7 #a member representing a company1 organization1 enterprise or similar entity providing environmental protection1 compliance or response services to the offshore industry4 7x7 #a member representing a company1 organization1 enterprise or similar entity engaged in offshore oil exploration or production on the ,outer ,continental ,shelf of ,alaska4 7,c7 ,additional member #a member of the ,committee shall represent the general public4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah-- 7,a7 a member of the ,committee1 whom the ,secretary appoints to represent the point of view of an entity or group set out in paragraph 7#b77;,c71 is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah72 and 7,b7 a member of the ,committee1 whom the ,secretary appoints to represent the general public1 is hereby deemed a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,committee4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,committee more than once4 7,c7 ,service ,each member of the ,committee shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7iii7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairman2 vice chairman 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate one member of the ,committee as the ,chairman and another member of the ,committee as the ,vice ,chairman1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairman and the ,vice ,chairman4 7,c7 ,vacancy ,the ,vice ,chairman shall act as ,chairman in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairman4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 #gaa4 ,navigation ,safety ,advisory ,council 7a7 ,establishment ,there is established a ,navigation ,safety ,advisory ,council 7referred to in this section as the ,council74 7b7 ,function ,the ,council1 acting through the ,commandant 7or the ,commandant's designee71 is authorized to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to maritime collisions1 rammings and groundings1 ,inland ,rules of the ,road1 ,international ,rules of the ,road1 navigation regulations and equipment1 routing measures1 marine information1 and aids to navigation systems4 7c7 ,organization 7#a7 ,meeting ,the ,council shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,council shall consist of not more than #ba members4 7,b7 ,experience ,each member of the ,council shall have expertise in ,inland and ,international vessel navigation ,rules of the ,road1 aids to maritime navigation1 maritime law1 vessel safety1 or port safety4 7,c7 ,points of view ,each member of the ,council shall represent the point of view of one of the following entities or groups3 7i7 ,commercial vessel owners or operators4 7ii7 ,professional mariners4 7iii7 ,recreational boaters4 7iv7 ,state agencies responsible for vessel or port safety4 7v7 ,the ,maritime ,law ,association4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah1 each member of the ,council is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,council4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,council4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,council4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,council more than once4 7,c7 ,service ,each member of the ,council shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,council shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,council to ,december #ca of the fifth full year after the effective date of the appointment4 7iii7 ,reappointments ,in the case of an appointment to fill a vacancy on the ,council1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairman2 vice chairman 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,council as the ,chairman and another member of the ,council as the ,vice ,chairman1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,council1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairman and the ,vice ,chairman4 7,c7 ,vacancy ,the ,vice ,chairman shall act as ,chairman in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairman4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,council who shall perform the duties set forth in section #aj7;c7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,council4 7#b7 ,termination ,the ,council shall terminate on ,september #cj1 #bjbg4 #gab4 ,towing ,safety ,advisory ,committee 7a7 ,establishment ,there is established a ,towing ,safety ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function ,the ,committee1 acting through the ,commandant 7or the ,commandant's designee71 is authorized to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to shallow-draft inland navigation1 coastal waterway navigation1 and towing safety4 7c7 ,organization 7#a7 ,meeting ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of #ah members4 7,b7 ,experience ,each member of the ,committee shall have particular expertise1 knowledge1 and experience regarding-- 7i7 shallow-draft inland navigation or coastal waterway navigation2 and 7ii7 towing safety4 7,c7 ,points of view ,except as provided in subparagraph 7,d71 each member of the ,committee shall represent the point of view of an entity or group1 as follows3 7i7 #g members representing the barge and towing industry1 reflecting a regional geographic balance4 7ii7 #a member representing the offshore mineral and oil supply vessel industry4 7iii7 #a member representing ,masters or ,pilots of towing vessels who have experience on the ,western ,rivers and the ,gulf ,intracoastal ,waterway4 7iv7 #a member representing ,masters of towing vessels who have experience in offshore service4 7v7 #a member representing ,masters of towing vessels who have experience in harbor-assist operations4 7vi7 #a member representing towing vessel engineers4 7vii7 #b members representing port districts1 authorities1 or terminal operators4 7viii7 #a member representing shippers4 7ix7 #a member representing shippers who are engaged in the chartering or shipping of oil or hazardous materials by barge4 7,d7 ,additional members #b members of the ,committee shall represent the general public4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah-- 7,a7 a member of the ,committee1 whom the ,secretary appoints to represent the point of view of an entity or group set out in paragraph 7#b77;,c71 is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah72 and 7,b7 a member of the ,committee1 whom the ,secretary appoints to represent the general public1 is hereby deemed a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of an individual in making an appointment to the ,committee4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,committee more than once4 7,c7 ,service ,each member of the ,committee shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7iii7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairman2 vice chairman 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,committee as the ,chairman and another member of the ,committee as the ,vice ,chairman1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairman and the ,vice ,chairman4 7,c7 ,vacancy ,the ,vice ,chairman shall act as ,chairman in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairman4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,consultation ,the ,commandant 7or the ,commandant's designee7 shall1 whenever practicable1 consult with the ,committee before taking any significant action affecting shallow-draft inland navigation1 coastal waterway navigation1 and towing safety4 7e7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 4 7b7 ,technical and conforming amendments 7#a7 ,table of chapters ,the table of chapters for subtitle ,i of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #g4;,coast ,guard advisory committees#gja 4 7#b7 ,commercial ,fishing ,safety ,advisory ,committee 7,a7 ,repeal ,section #dejh of title #df1 ,united ,states ,code1 is repealed4 7,b7 ,table of contents ,the table of contents of chapter #de of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #dejh4 7#c7 ,great ,lakes ,pilotage ,advisory ,committee 7,a7 ,repeal ,section #icjg of title #df1 ,united ,states ,code1 is repealed4 7,b7 ,table of contents ,the table of contents of chapter #ic of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #icjg4 7#d7 ,lower ,mississippi ,river ,waterway ,safety ,advisory ,committee ,section #ai of the ,coast ,guard ,authorization ,act of #aiia 7,public ,law #ajb-bda2 #aje ,stat4 #bbae7 is repealed4 7#e7 ,merchant ,marine ,personnel ,advisory ,committee 7,a7 ,repeal ,section #hajh of title #df1 ,united ,states ,code1 is repealed4 7,b7 ,table of contents ,the table of contents of chapter #ha of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #hajh4 7#f7 ,merchant ,mariner ,medical ,advisory ,committee 7,a7 ,repeal ,section #gaae of title #df1 ,united ,states ,code1 is repealed4 7,b7 ,table of contents ,the table of contents of chapter #ga of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #gaae4 7#g7 ,national ,boating ,safety ,advisory ,council 7,a7 ,repeal ,section #acaaj of title #df1 ,united ,states ,code1 is repealed4 7,b7 ,table of contents ,the table of contents of chapter #aca of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #acaaj4 7,c7 ,technical amendment ,section #dcjb7;c77#d7 of title #df1 ,united ,states ,code1 is amended by striking #acaaj and inserting #gjh4 7#h7 ,national ,maritime ,security ,advisory ,committee ,section #aji7;a77#a7 of the ,maritime ,transportation ,security ,act of #bjjb 7#df ,u4,s4,c4 #gjaja note7 is amended by striking section #gjaab of title #df1 ,united ,states ,code1 as amended by this ,act and inserting section #gji of title #df1 ,united ,states ,code4 7#i7 ,navigation ,safety ,advisory ,council ,section #e of the ,inland ,navigational ,rules ,act of #aihj 7#cc ,u4,s4,c4 #bjgc7 is repealed4 7#aj7 ,towing ,safety ,advisory ,committee ,the ,act to establish a ,towing ,safety ,advisory ,committee in the ,department of ,transportation1 approved ,october #f1 #aihj 7#cc ,u4,s4,c4 #abca;a71 is repealed4 7c7 ,area ,maritime ,security ,advisory ,committees 7#a7 ,in general ,section #gjaab of title #df1 ,united ,states ,code1 is amended-- 7,a7 in the heading1 by striking ,maritime ,security ,advisory ,committees and inserting ,area ,maritime ,security ,advisory ,committees2 7,b7 by amending subsection 7a7 to read as follows3 7a7 ,establishment of ,committees 7#a7 ,the ,secretary may-- 7,a7 establish an ,area ,maritime ,security ,advisory ,committee for any port area of the ,united ,states2 and 7,b7 request an ,area ,maritime ,security ,committee to review the proposed ,area ,maritime ,transportation ,security ,plan developed under section #gjajc7;b7 and make recommendations to the ,secretary that the ,committee considers appropriate4 7#b7 ,each ,area ,maritime ,security ,advisory ,committee-- 7,a7 may advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to maritime security in that area2 7,b7 may make available to the ,congress recommendations that the ,committee makes to the ,secretary2 and 7,c7 shall meet at the call of-- 7i7 the ,secretary1 who shall call such a meeting at least once during each calendar year2 or 7ii7 a majority of the ,committee4 2 7,c7 in subsection 7b7-- 7i7 in paragraph 7#a71 by striking of the committees and inserting ,area ,maritime ,security ,advisory ,committee2 7ii7 in paragraph 7#c7-- 7,i7 by striking such a committee and inserting an ,area ,maritime ,security ,advisory ,committee2 and 7,,ii7 by striking the committee and inserting an ,area ,maritime ,security ,advisory ,committee2 7iii7 in paragraph 7#d71 by striking the ,committee and inserting an ,area ,maritime ,security ,advisory ,committee2 and 7iv7 in paragraph 7#e7-- 7,i7 by striking subparagraph 7,a72 and 7,,ii7 in subparagraph 7,b71 by striking 7,b7 and indenting appropriately2 7,d7 in subsection 7c77#a71 by striking committee and inserting ,area ,maritime ,security ,advisory ,committee2 7,e7 by striking subsection 7d72 7,f7 by redesignating subsections 7e71 7f71 and 7g7 as subsections 7d71 7e71 and 7f71 respectively2 7,g7 in subsection 7d71 as redesignated-- 7i7 by striking the ,committee and inserting an ,area ,maritime ,security ,advisory ,committee2 and 7ii7 by striking the period at the end and inserting for an area42 7,h7 in subsection 7e71 as redesignated-- 7i7 in paragraph 7#a71 by striking a committee and inserting an ,area ,maritime ,security ,advisory ,committee2 and 7ii7 in paragraph 7#b71 by striking such a committee and inserting an ,area ,maritime ,security ,advisory ,committee2 and 7,i7 by amending subsection 7f71 as redesignated1 to read as follows3 7f7 ,federal ,advisory ,committee ,act2 termination date 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 does not apply to ,area ,maritime ,security ,advisory ,committees established under this section4 7#b7 ,termination ,the ,area ,maritime ,security ,advisory ,committees shall terminate on ,september #cj1 #bjbg4 4 7d7 ,table of contents ,the table of contents of chapter #gja of title #df1 ,united ,states ,code1 is amended in the item relating to section #gjaab by striking ,maritime ,security ,advisory ,committees and inserting ,area ,maritime ,security ,advisory ,committees4 7e7 ,houston-,galveston ,navigation ,safety ,advisory ,committee2 repeal ,section #ah of the ,coast ,guard ,authorization ,act of #aiia 7,public ,law #ajb-bda2 #aje ,stat4 #bbac7 is repealed4 7f7 ,transition of ,coast ,guard advisory committees 7#a7 ,in general ,notwithstanding the amendments made under subsections 7b7 and 7c7 of this section1 an advisory committee described in paragraph 7#b7 of this subsection shall continue to be subject to the requirements under law to which such advisory committee was subject as in effect on the day before the date of enactment of this ,act1 including its charter1 and the members appointed to such advisory committee shall continue to serve pursuant thereto1 until the ,secretary of the department in which the ,coast ,guard is operating makes the applicable appointments under sections #gjb through #gab of title #df1 ,united ,states ,code4 7#b7 ,coast ,guard advisory committees ,an advisory committee described in this paragraph is as follows3 7,a7 ,chemical ,transportation ,advisory ,committee4 7,b7 ,commercial ,fishing ,safety ,advisory ,committee established under section #dejh of title #df1 ,united ,states ,code4 7,c7 ,great ,lakes ,pilotage ,advisory ,committee established under section #icjg of title #df1 ,united ,states ,code4 7,d7 ,lower ,mississippi ,river ,waterway ,safety ,advisory ,committee established under section #ai of the ,coast ,guard ,authorization ,act of #aiia 7,public ,law #ajb-bda2 #aje ,stat4 #bbae74 7,e7 ,merchant ,marine ,personnel ,advisory ,committee established under section #hajh of title #df1 ,united ,states ,code4 7,f7 ,merchant ,mariner ,medical ,advisory ,committee established under section #gaae of title #df1 ,united ,states ,code4 7,g7 ,national ,boating ,safety ,advisory ,committee established under section #acaaj of title #df1 ,united ,states ,code4 7,h7 ,national ,maritime ,security ,advisory ,committee established under section #gjaab of title #df1 ,united ,states ,code4 7,i7 ,national ,offshore ,safety ,advisory ,committee4 7,j7 ,navigation ,safety ,advisory ,council established under section #e of the ,inland ,navigational ,rules ,act of #aihj 7#cc ,u4,s4,c4 #bjgc74 7,k7 ,towing ,safety ,advisory ,committee established under the ,act entitled the ,act to establish a ,towing ,safety ,advisory ,committee in the ,department of ,transportation1 approved ,october #f1 #aihj 7#cc ,u4,s4,c4 #abca;a74 7#c7 ,deadline ,not later than #b years after the date of enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall make the appointments1 and file any necessary charters1 under sections #gjb through #gab of title #df1 ,united ,states ,code4 #cjb4 ,clarification of logbook and entry requirements ,section #aacjd of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking an official logbook1 which and inserting a logbook1 which may be in any form1 including electronic1 and2 and 7,b7 by inserting or a ferry1 passenger vessel1 or small passenger vessel 7as those terms are defined in section #baja7 after ,canada2 and 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking log book and inserting logbook2 and 7,b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,each illness of or injury1 the nature of the illness or injury1 and any medical treatment administered4 4 #cjc4 ,technical corrections2 licenses1 certifications of registry1 and merchant mariner documents ,part ,e of subtitle ,,ii of title #df1 ,united ,states ,code1 is amended-- 7#a7 in section #gajf7;b71 by striking merchant mariner's document and inserting license2 7#b7 in section #gajg7;b71 by striking merchant mariner's document and inserting certificate of registry2 and 7#c7 in section #gejg7;b77#b71 by striking a merchant mariner's document and inserting a license or a certificate of registry44 #cjd4 ,numbering for undocumented barges ,chapter #aba of title #df1 ,united ,states ,code1 is amended-- 7#a7 in section #abajb-- 7,a7 in subsection 7c71 by adding at the end the following3 ,the ,secretary may require such an undocumented barge more than #ajj gross tons operating on the navigable waters of the ,united ,states to be numbered under chapter #abc of this title42 and 7,b7 in subsection 7d71 by striking ,secretary of ,transportation and inserting ,secretary of the department in which the ,coast ,guard is operating2 and 7#b7 in section #abcja-- 7,a7 by striking subsection 7b72 and 7,b7 by striking the subsection designation in subsection 7a7 and indenting appropriately4 #cje4 ,aids to navigation 7a7 ,authorizations ,section #baj7;a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7 is amended-- 7#a7 in paragraph 7#a71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 up to #ajj percent of the ,coast ,guard's eligible operations and maintenance costs necessitated by the completion of a navigation improvement project4 4 7b7 ,definitions ,section #bad7b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbda7 is amended-- 7#a7 in subparagraph 7,a71 by striking subparagraph 7,b7 and inserting subparagraphs 7,b7 and 7,c72 7#b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 7#c7 by inserting after subparagraph 7,b7 the following3 7,c7 ,as applied to the ,coast ,guard1 the term eligible operations and maintenance means all operations and maintenance reasonably necessary to relocate or establish a ,federal navigational aid necessary for a navigation improvement project4 2 and 7#d7 in subparagraph 7,d71 as redesignated1 by striking the period at the end and inserting 1 except as applied to the ,coast ,guard under subparagraph 7,c744 #cjf4 ,equipment requirements2 exemption from throwable personal flotation devices ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall revise section #age4ag of title #cc1 ,code of ,federal ,regulations1 to exempt paddleboards and rafts from the requirement for carriage of an additional throwable personal flotation device if each person is required to wear a personal flotation device while under way and at least #a rescue throw bag1 as typically used in whitewater rafting1 is on board4 #cjg4 ,ensuring maritime coverage ,in order to meet all of the mission requirements of its maritime response program1 as the ,coast ,guard recapitalizes assets1 it shall ensure continuity of the coverage currently provided by that program to locations that may lose assets4 #cjh4 ,deadline for compliance with alternate safety compliance program 7a7 ,in general ,section #dejc7;d7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking ,after ,january #a1 #bjbj1 and all that follows through the ,secretary1 if and inserting ,subject to paragraph 7#c71 beginning on the date that is #c years after the date that the ,secretary prescribes an alternate safety compliance program1 a fishing vessel1 fish processing vessel1 or fish tender vessel to which section #dejb7;b7 of this title applies shall comply with the alternate safety compliance program if2 7#b7 in paragraph 7#b71 by striking establishes standards for an alternate safety compliance program1 shall comply with such an alternative safety compliance program that is developed in cooperation with the commercial fishing industry and prescribed by the ,secretary and inserting prescribes an alternate safety compliance program under paragraph 7#a71 shall comply with the alternate safety compliance program2 and 7#c7 by amending paragraph 7#c7 to read as follows3 7#c7 ,for purposes of paragraph 7#a71 a separate alternate safety compliance program may be developed for a specific region or specific fishery4 4 7b7 ,final rule ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall issue a final rule implementing the alternate safety compliance programs under section #dejc of title #df1 ,united ,states ,code1 as amended by subsection 7a7 of this section4 #cji4 ,fishing1 fish tender1 and fish processing vessel certification 7a7 ,nonapplication ,section #dejc7;c77#b77;,a7 of title #df1 ,united ,states ,code1 is amended by striking #gi and inserting #ahj4 7b7 ,determining when keel is laid ,section #dejc of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7g7 as subsection 7h72 and 7#b7 by inserting after subsection 7f7 the following3 7g7 ,for purposes of this section1 a keel is laid when a structure1 adequate of serving as a keel for a vessel greater than #gi feet in length is identified for use in the construction of a specific vessel and is so affirmed by a marine surveyor4 4 #caj4 ,termination of unsafe operations2 technical amendment ,section #deje of title #df1 ,united ,states ,code1 is amended by striking #dejc7a7 and inserting #dejc7;a77#a74 #caa4 ,installation and use of engine cut-off switches on recreational vessel 7a7 ,use of engine cut-,off switch links 7#a7 ,requirement ,the ,secretary of the department in which the ,coast ,guard is operating shall revised the regulations under part #age of title #cc1 ,code of ,federal ,regulations1 to prohibit a person from operating a recreational vessel #be feet or less in length unless-- 7,a7 the person is wearing an engine cut-off switch link while operating on plane or above displacement speed2 and 7,b7 the engine cut-off switch is factory equipped on the primary propulsion machinery4 7#b7 ,exceptions ,the requirement under paragraph 7#a7 shall not apply to the following3 7,a7 ,a vessel #be feet or less in length whose main helm is installed within an enclosed cabin that would protect an operator from being thrown overboard should the operator be displaced from the helm4 7,b7 ,a vessel with propulsion machinery developing static thrust of less than #aae pounds or #c horsepower4 7,c7 ,a vessel without factory equipped engine cut-off switches4 7b7 ,installation of engine cut-,off switches ,the ,secretary of the department in which the ,coast ,guard is operating shall revise the regulations under part #ahc of title #cc1 ,code of ,federal ,regulations1 to require an equipment manufacturer1 distributor1 or dealer that installs propulsion machinery and associate starting controls on a recreational vessel #be feet or less in length and capable of developing at least #aae pounds of static thrust to install an engine cut-off switch on such recreational vessel in accordance with the ,american ,boat and ,yacht ,standard ,a-#cc1 as amended4 7c7 ,penalty ,a person that violates a regulation promulgated under subsection 7a77#a7 of this section shall be subject to a civil penalty under section #dcaa of title #df1 ,united ,states ,code1 not to exceed-- 7#a7 #ajj for the first offense2 7#b7 #bej for the second offense2 and 7#c7 #ejj for any subsequent offense4 7d7 ,preemption ,in accordance with section #dcjf of title #df1 ,united ,states ,code1 a ,state may not establish1 continue in effect1 or enforce any law or regulation addressing engine cut-off switch requirements that is not identical to a regulation prescribed under this section4 7e7 ,definitions ,in this section3 7#a7 ,engine cut-off switch ,the term engine cut-off switch means a mechanical or electronic device that is connected to propulsion machinery that will stop propulsion if-- 7,a7 the switch is not properly connected2 or 7,b7 the switch components are submerged in water or separated from the switch by a predetermined distance4 7#b7 ,engine cut-off switch link ,the term engine cut-off switch link means the equipment attached to the recreational vessel operator and which activates the engine cut-off switch4 7f7 ,effective dates ,a regulation prescribed under this section shall specify an effective date that is not earlier than #a year from the date the regulation was published4 #cab4 ,visual distress signals and alternative use 7a7 ,in general ,the ,secretary of the department in which the ,coast ,guard is operating shall develop a performance standard for the alternative use and possession of visual distress signals as mandated by carriage requirements for recreational boats in subpart ,c of part #age of title #cc1 ,code of ,federal ,regulations4 7b7 ,regulations ,not later than #ahj days after the performance standard for alternative use and possession of a visual distress signal is finalized1 the ,secretary shall revise part #age of title #cc1 ,code of ,federal ,regulations1 to allow for carriage of such alternative signal devices4 7c7 ,e,p,i,r,bs and ,p,l,bs ,in revising the regulations under subsection 7b71 the ,secretary shall allow use of a position indicating radio beacons 7,e,p,i,r,bs7 or ,personal ,locating ,devices 7,p,l,bs7 of #djf megahertz1 operating on the ,,cospas-,,sarsat system to meet the alternative carriage requirements for recreational boats under subpart ,c of part #age of title #cc1 ,code of ,federal ,regulations4 #cac4 ,renewal period for documented recreational vessels 7a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall issue certificates of documentation for recreational vessels effective for #e years and charge a nonrefundable fee of #acj per issuance4 7b7 ,fees ,all fees collected from recreational vessel owners under subsection 7a7 shall be available to fund recreational vessel documentation costs until expended4 #cad4 ,exception from survival craft requirements ,section #cajd of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,auxiliary craft 7#a7 ,exception ,subject to paragraph 7#b71 this section shall not apply to a vessel carrying an auxiliary craft on board1 except an inflatable liferaft1 if the auxiliary craft-- 7,a7 is readily accessible during an emergency2 and 7,b7 is capable of safely holding all individuals on board the vessel4 7#b7 ,requirement ,a vessel described in paragraph 7#a7 may not exceed the rated capacity on the capacity plate of the auxiliary craft if the auxiliary craft is equipped with a ,coast ,guard required capacity plate4 4 #cae4 ,inland waterway and river tender acquisition plan 7a7 ,acquisition plan ,not later than #ede 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 plan to replace the aging fleet of inland waterway and river tenders4 7b7 ,contents ,the plan described in subsection 7a7 shall include-- 7#a7 a schedule for the acquisition to begin2 7#b7 the date the first vessel will be delivered2 7#c7 the date the acquisition will be complete2 7#d7 a description of the order and location of replacements2 7#e7 an estimate of the cost per vessel and for total acquisition program of record2 and 7#f7 an analysis of whether existing vessels can be used4 #caf4 ,arctic planning criteria 7a7 ,in general ,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 for the area covered by the ,captain of the ,port ,zone that includes the ,arctic4 7b7 ,contents ,the report shall include the following3 7#a7 ,levels of equipment and assets4 7#b7 ,location the equipment and assets that are to be deployed1 including an estimate of the time to deploy the equipment and assets4 7#c7 ,a determination on the degree of how effectively the assets are distributed throughout the area4 7#d7 ,a statement on whether performance of ability to deploy equipment is taken into account when measuring the level of equipment available4 7#e7 ,validation of port assessment visit process and response resource inventory4 7#f7 ,a description of the resources need throughout the ,coast ,guard to conduct port assessments1 exercises1 response plan review and spill responses4 7c7 ,definition of ,arctic ,in this section1 the term ,arctic has the meaning given the term under section #aab of the ,arctic ,research and ,policy ,act of #aihd 7#ae ,u4,s4,c4 #daaa74 ,,iv ,maritime security #dja4 ,maritime border security cooperation ,the ,secretary of the department in which the ,coast ,guard is operating shall1 in accordance with law-- 7#a7 partner with other ,federal1 ,state1 and local government agencies to leverage technology1 including existing sensor and camera systems and other sensors1 to provide continuous monitoring of the maritime border2 and 7#b7 enter into such agreements as the ,secretary considers necessary to ensure #bd-;hour monitoring of such technology4 #djb4 ,currency detection canine team program 7a7 ,definitions ,in this section3 7#a7 ,canine currency detection team ,the term canine currency detection team means a canine and a canine handler that are trained to detect currency4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the department in which the ,coast ,guard is operating4 7b7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish a program to allow the use of canine currency detection teams for purposes of ,coast ,guard maritime law enforcement and maritime security operations1 including underway vessel boardings4 7c7 ,operation ,the ,secretary may cooperate with1 or enter into an agreement with1 the head of another ,federal agency to meet the requirements under subsection 7b74 #djc4 ,confidential investigative expenses ,section #feh of title #ad1 ,united ,states ,code1 is amended by striking #de1jjj and inserting #bej1jjj4 #djd4 ,arctic maritime domain awareness 7a7 ,in general ,the ,secretary of the department in which the ,coast ,guard is operating shall conduct a #a-year pilot program to determine the impact of persistent aircraft-based surveillance on illegal maritime activities in the ,alaskan and ,western ,pacific regions4 7b7 ,requirements ,the pilot program shall-- 7#a7 use light aircraft-based detection systems which can identify potential illegal activity from higher altitudes and produce enforcement-quality evidence at lower altitudes2 and 7#b7 be directed at detecting and deterring illegal1 unreported1 and unregulated fishing and enhancing maritime domain awareness4 #dje4 ,strategic assets in the ,arctic 7a7 ,definition of ,arctic ,in this section1 the term ,arctic has the meaning given the term in section #aab of the ,arctic ,research and ,policy ,act of #aihd 7#ae ,u4,s4,c4 #daaa74 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,arctic continues to grow in significance to both the national security interests and the economic prosperity of the ,united ,states2 and 7#b7 the ,coast ,guard must ensure it is positioned to respond to any accident1 incident1 or threat with appropriate assets4 7c7 ,report ,not later than #a year 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 progress toward implementing the strategic objectives described in the ,united ,states ,coast ,guard ,arctic ,strategy dated ,may #bjac4 7d7 ,contents ,the report under subsection 7c7 shall include-- 7#a7 a description of the ,coast ,guard's progress toward each strategic objective2 7#b7 plans to provide communications throughout the entire ,coastal ,western ,alaska ,captain of the ,port zone to improve waterway safety and mitigate close calls1 collisions1 and other dangerous interactions between the shipping industry and subsistence hunters2 7#c7 plans to prevent marine casualties1 when possible1 by ensuring vessels avoid environmentally sensitive areas and permanent security zones2 7#d7 an explanation of-- 7,a7 whether it is feasible to establish a vessel traffic service1 using existing resources or otherwise2 and 7,b7 whether an ,arctic ,response ,center of ,expertise is necessary to address the gaps in experience1 skills1 equipment1 resources1 training1 and doctrine to prepare1 respond to1 and recover spilled oil in the ,arctic2 7#e7 an assessment of whether sufficient agreements are in place to ensure the ,coast ,guard is receiving the information it needs to carry out its responsibilities2 7#f7 an assessment of the assets and infrastructure necessary to meet the strategic objectives identified in the ,united ,states ,coast ,guard ,arctic ,strategy dated ,may #bjac based on factors such as-- 7,a7 response time2 7,b7 coverage area2 7,c7 endurance on scene2 7,d7 presence2 and 7,e7 deterrence2 and 7#g7 an analysis of ,national ,security ,cutters1 ,offshore ,patrol ,cutters1 and ,fast ,response ,cutters capabilities based on the factors described in subparagraphs 7,a7 through 7,e7 of paragraph 7#f71 both stationed from various ,alaska ports and in other locations4 ,v ,miscellaneous #eja4 ,ship shoal lighthouse transfer2 repeal ,section #bg of the ,coast ,guard ,authorization ,act of #aiia 7,public ,law #ajb-bda2 #aje ,stat4 #bbah7 is repealed4 #ejb4 ,acquisition workforce expedited hiring authority 7a7 ,expedited hiring authority 7#a7 ,in general ,chapter #ae of title #ad1 ,united ,states ,code1 is amended by inserting after section #efc the following3 #efc;a4 ,acquisition workforce expedited hiring authority ,for purposes of section #ccjd of title #e1 the ,commandant of the ,coast ,guard may-- 7#a7 designate any category of acquisition positions within the ,coast ,guard as shortage category positions2 and 7#b7 use the authorities in such section to recruit and appoint highly qualified persons directly to positions so designated4 4 7#b7 ,table of contents ,the table of contents of chapter #ae of title #ad1 ,united ,states ,code1 is amended by inserting after the item relating to section #efc the following3 #efc;a4 ,acquisition workforce expedited hiring authority4 4 7#c7 ,repeal ,section #djd of the ,coast ,guard ,authorization ,act of #bjaj 7,public ,law #aaa-bha2 #abd ,stat4 #biej7 is repealed4 7b7 ,acquisition workforce reemployment authority 7#a7 ,in general ,chapter #ae of title #ad1 as amended by subsection 7a7 of this section1 is further amended by inserting after section #efc;a the following3 #efc;b4 ,acquisition workforce reemployment authority 7a7 ,in general ,except as provided in subsection 7b71 if an annuitant receiving an annuity from the ,civil ,service ,retirement and ,disability ,fund becomes employed in any category of acquisition positions designated by the ,commandant of the ,coast ,guard under section #efc;a of this title1 the annuity of an annuitant so employed shall continue4 ,an annuitant so reemployed shall not be considered an employee for purposes of subchapter ,,iii of chapter #hc or chapter #hd of title #e4 7b7 7#a7 ,election ,an annuitant retired under section #hccf7;d77#a7 or #hdad7;b77#a77;,a7 of title #e1 receiving an annuity from the ,civil ,service ,retirement and ,disability ,fund1 who becomes employed in a position within the ,coast ,guard after the date of enactment of the ,coast ,guard ,authorization ,act of #bjag1 may elect to be subject to section #hcdd or #hdfh of such title 7as the case may be74 7,a7 ,deadline ,an election for coverage under this subsection shall be filed not later than #ij days after the ,commandant takes reasonable actions to notify employees who may file an election4 7,b7 ,coverage ,if an employee files an election under this subsection1 coverage shall be effective beginning on the first day of the first applicable pay period beginning on or after the date of the filing of the election4 7#b7 ,application ,paragraph 7#a7 shall apply to an individual who is eligible to file an election under subparagraph 7,a7 and does not file a timely election under subparagraph 7,b74 4 7#b7 ,table of contents ,the table of contents of chapter #ae of title #ad1 ,united ,states ,code1 as amended in subsection 7a7 of this section1 is further amended by inserting after the item relating to section #efc;a the following3 #efc;b4 ,acquisition workforce reemployment authority4 4 #ejc4 ,drawbridges 7a7 ,purposes ,the purposes of this section are-- 7#a7 to ensure the public is made aware of any temporary change to a drawbridge operating schedule2 and 7#b7 to ensure the operators are maintaining logs of drawbridge movement4 7b7 ,temporary changes to drawbridge operating schedules ,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-- 7d7 ,temporary changes to drawbridge operating schedules ,notwithstanding section #eec of title #e1 ,united ,states ,code1 whenever a temporary change to the operating schedule of a drawbridge1 lasting #ahj days or less1 is approved-- 7#a7 the ,secretary of the department in which the ,coast ,guard is operating shall-- 7,a7 issue a deviation approval letter to the bridge owner2 7,b7 publish a notice of the temporary deviation from the regulations in the ,federal ,register2 and 7,c7 announce the temporary change in-- 7i7 the ,local ,notice to ,mariners2 7ii7 broadcast notices to mariners through the ,coast ,guard radio station or ,navy radio station1 or both2 or 7iii7 such other local media as the ,secretary considers appropriate2 and 7#b7 the bridge owner1 except a railroad bridge owner1 shall notify-- 7,a7 the public by publishing notice of the temporary change in a newspaper of general circulation published in the place where the bridge is located2 7,b7 the department1 agency1 or office of transportation with jurisdiction over the roadway that abuts the approaches to the bridge2 and 7,c7 the law enforcement organization with jurisdiction over the roadway that abuts the approaches to the bridge4 7e7 ,drawbridge movements ,the ,secretary of the department in which the ,coast ,guard is operating-- 7#a7 shall require a drawbridge operator to record each movement of the drawbridge in a log2 7#b7 may inspect the log to ensure drawbridge movement is in accordance with the posted operating schedule2 and 7#c7 may determine if the operating schedule should be adjusted for efficiency4 4 #ejd4 ,incentive contract2 ,coast ,guard yard and industrial establishments 7a7 ,in general ,whenever the parties to a project order for industrial work to be performed by the ,coast ,guard ,yard or a designated ,coast ,guard industrial establishment agree that delivery or technical performance of the wage-grade industrial employees may1 during the term of such project order1 improve1 the parties to such project order may1 notwithstanding any other provision of law1 including any provision of law that provides for the time or purpose of appropriated funds1 enter into an incentive project order or a cost-plus-incentive-fee project order by which an agreed upon amount of the adjustment to be made pursuant to section #fdh7;a7 of title #ad1 ,united ,states ,code1 may1 notwithstanding that provision of law or any other provision of law1 be distributed as an incentive to the wage-grade industrial employees who completed the project order4 7b7 ,condition ,before entering into an incentive project order or a cost-plus-incentive-fee project order1 the commanding officer of the ,coast ,guard ,yard or the commanding officer of the ,coast ,guard industrial establishment1 as the case may be1 shall complete a determination and finding for such incentive project order or cost-plus-incentive-fee project order that justifies the use of such project order as in the best interest of the ,federal ,government4 7c7 ,treatment of incentive award ,notwithstanding any other provision of law1 in the event that the industrial workforce of the ,coast ,guard ,yard or a ,coast ,guard industrial establishment satisfies the performance target set out in an incentive project order or a cost-plus-incentive-fee project order-- 7#a7 the adjustment to be made pursuant to section #fdh7;a7 of title #ad1 ,united ,states ,code1 shall1 notwithstanding that provision of law1 be reduced by the agreed amount and distributed as an incentive to such wage-grade industrial employees2 and 7#b7 the remainder of the adjustment shall be credited to the appropriation current at that time4 #eje4 ,coast ,guard health-care professionals2 licensure portability 7a7 ,in general ,section #ajid7;d77#a7 of title #aj1 ,united ,states ,code1 shall apply in the same manner and to the same degree as such section applies to a health-care professional described in subsection 7d77#b7 of that section to a health-care professional described in subsection 7b7 of this section4 7b7 ,health-,care professional ,a health-care professional described in this subsection is a member of the ,coast ,guard1 civilian employee of the ,coast ,guard1 member of the ,public ,health ,service assigned to the ,coast ,guard1 personal services contractor under section #ajia of title #aj1 ,united ,states ,code1 or other health-care professional credentialed and privileged at a ,federal health care institution or location specially designated by the ,secretary of the department in which the ,coast ,guard is operating for this purpose who-- 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 #ejf4 ,land exchange2 ,ayakulik ,island1 ,alaska 7a7 ,land exchange2 ,ayakulik ,island1 ,alaska ,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 #a 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 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 title1 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 title1 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 ,march #bb1 #bjag4 #ejg4 ,abandoned seafarers fund amendments ,section #aaaac of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b71 by striking may be appropriated to the ,secretary in the matter before subparagraph 7,a7 and inserting shall be available to the ,secretary without further appropriation1 and shall remain available until expended12 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by inserting plus a surcharge of #be percent of such total amount1 after seafarer1 in the matter preceding subparagraph 7,a72 and 7,b7 by striking paragraph 7#d74 #ejh4 ,assistance for small shipyards 7a7 ,in general ,section #edaja of title #df1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by striking and maritime communities2 7#b7 in subsection 7a77#b71 by striking in communities and all that follows through the period and inserting relating to shipbuilding1 ship repair1 and associated industries42 7#c7 by amending subsection 7b77#a7 to read as follows3 7#a7 consider projects that foster-- 7,a7 efficiency1 competitive operations1 and quality ship construction1 repair1 and reconfiguration2 and 7,b7 employee skills and enhancing productivity related to shipbuilding1 ship repair1 and associated industries2 and 2 7#d7 in subsection 7c77#a71 by striking subparagraphs 7,a71 7,b71 and 7,c7 and inserting the following3 7,a7 to make capital and related improvements in small shipyards2 and 7,b7 to provide training for workers in shipbuilding1 ship repair1 and associated industries4 2 7#e7 in subsection 7d71 by striking unless and all that follows and inserting a period2 7#f7 in subsection 7e7-- 7,a7 by striking paragraph 7#b72 and 7,b7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7#g7 in subsection 7i71 by striking for each of fiscal years #bjae through #bjag and all that follows and inserting to carry out this section #e1jjj1jjj for each of fiscal years #bjah and #bjai44 7b7 ,technical amendment ,section #edaja7;f77#b7 is amended by striking shall include and all that follows and inserting3 shall include a comprehensive description of-- 7#a7 the need for the project2 7#b7 the methodology for implementing the project2 and 7#c7 any existing programs or arrangements that can be used to supplement or leverage assistance under the program4 4 7c7 ,savings clause ,nothing in this section1 or the amendments made by this section1 shall affect an agreement to provide assistance under section #edaja of title #df1 ,united ,states ,code1 that was executed before ,october #a1 #bjag4 ,such an agreement shall continue to be subject to the requirements to which such agreement was subject under section #edaja of that title as in effect on the day before ,october #a1 #bjag4 #eji4 ,small shipyard contracts 7a7 ,in general ,chapter #ag of title #ad1 ,united ,states ,code1 is amended by inserting after section #ffg the following3 #ffg;a4 ,construction of ,coast ,guard vessels and assignment of vessel projects ,the assignment of ,coast ,guard vessel conversion1 alteration1 and repair projects shall be based on economic and military considerations and may not be restricted by a requirement that certain parts of ,coast ,guard shipwork be assigned to a particular type of shipyard or geographical area or by a similar requirement4 4 7b7 ,table of contents ,the table of contents of chapter #ag of title #ad1 ,united ,states ,code1 is amended by inserting after the item relating to section #ffg the following3 #ffg;a4 ,construction of ,coast ,guard vessels and assignment of vessel projects4 4 #eaj4 ,western challenger2 certificate of documentation ,section #fjd7;b7 of the ,howard ,coble ,coast ,guard and ,maritime ,transportation ,act of #bjad 7,public ,law #aac-bha2 #abh ,stat4 #cjfb7 is amended by inserting and a fisheries endorsement after endorsement4 ,,vi ,department of ,commerce vessels #fja4 ,waivers for certain contracts ,section #cacd of title #dj1 ,united ,states ,code1 is amended-- 7#a7 by inserting ,secretary of ,homeland ,security1 after ,air ,force1 each place it appears2 and 7#b7 by adding at the end the following3 7c7 ,commerce ,the ,secretary of ,commerce may waive this subchapter with respect to contracts for the construction1 alteration1 or repair of vessels1 regardless of the terms of the contracts as to payment or title1 when the contract is made under the ,act entitled ,an ,act to define the functions and duties of the ,coast and ,geodetic ,survey1 and for other purposes1 approved ,august #f1 #aidg 7#cc ,u4,s4,c4 #hhc;a et seq474 4 #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 of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,effective dates4,,title ,i--,authorizations,sec4 #aja4 ,authorization of appropriations4,sec4 #ajb4 ,authorized levels of military strength and training4,,title ,,ii--,coast ,guard,sec4 #bja4 ,primary duties4,sec4 #bjb4 ,training2 emergency response providers4,sec4 #bjc4 ,commissioned service retirement4,sec4 #bjd4 ,officer promotion zones4,sec4 #bje4 ,officer evaluation report4,sec4 #bjf4 ,retired pay2 amounts for payments in connection with modernized retirement system4,sec4 #bjg4 ,inclusion of vessel for investigation purposes4,sec4 #bjh4 ,leave for the birth or adoption of a child4,sec4 #bji4 ,aviation cadets2 appointment as ,reserve officers2 cross reference4,sec4 #baj4 ,clothing at time of discharge for good of service2 repeal4,sec4 #baa4 ,multiyear contracts4,sec4 #bab4 ,coast ,guard ,,rotc ,program4,sec4 #bac4 ,national ,coast ,guard ,museum4,sec4 #bad4 ,polar icebreakers4,sec4 #bae4 ,great ,lakes icebreaker acquisition4,,title ,,iii--,marine safety,sec4 #cja4 ,coast ,guard advisory committees4,sec4 #cjb4 ,clarification of logbook and entry requirements4,sec4 #cjc4 ,technical amendments2 licenses1 certifications of registry1 and merchant mariner documents4,sec4 #cjd4 ,numbering for undocumented barges4,sec4 #cje4 ,equipment requirements2 exemption from throwable personal flotation devices4,sec4 #cjf4 ,ensuring maritime coverage4,sec4 #cjg4 ,deadline for compliance with alternate safety compliance program4,sec4 #cjh4 ,fishing1 fish tender1 and fish processing vessel certification4,sec4 #cji4 ,termination of unsafe operations2 technical amendment4,sec4 #caj4 ,installation and use of engine cut-off switches on recreational vessel4,sec4 #caa4 ,visual distress signals and alternative use4,sec4 #cab4 ,renewal period for documented recreational vessels4,sec4 #cac4 ,exception from survival craft requirements4,sec4 #cad4 ,inland waterway and river tender1 and bay class icebreaker acquisition plan4,sec4 #cae4 ,arctic planning criteria4,sec4 #caf4 ,fishing safety grant programs4,sec4 #cag4 ,safety standards4,sec4 #cah4 ,commercial fishing vessel safety outreach strategy4,,title ,,iv--,maritime security,sec4 #dja4 ,maritime border security cooperation4,sec4 #djb4 ,currency detection canine team program4,sec4 #djc4 ,confidential investigative expenses4,sec4 #djd4 ,monitoring of illegal1 unreported1 and unregulated fishing4,sec4 #dje4 ,strategic assets in the ,arctic4,sec4 #djf4 ,fleet requirements assessment and strategy4,sec4 #djg4 ,comptroller ,general report on certain task forces4,,title ,v--,miscellaneous,sec4 #eja4 ,ship shoal lighthouse transfer2 repeal4,sec4 #ejb4 ,acquisition workforce expedited hiring authority4,sec4 #ejc4 ,drawbridges4,sec4 #ejd4 ,incentive contract2 ,coast ,guard yard and industrial establishments4,sec4 #eje4 ,coast ,guard health-care professionals2 licensure portability4,sec4 #ejf4 ,land exchange2 ,ayakulik ,island1 ,alaska4,sec4 #ejg4 ,abandoned seafarers fund amendments4,sec4 #ejh4 ,small shipyard contracts4,sec4 #eji4 ,western challenger2 certificate of documentation4,sec4 #eaj4 ,radar refresher training4,sec4 #eaa4 ,vessel response plan audit4,sec4 #eab4 ,center of ,expertise for ,great ,lakes ,oil ,spill ,research and ,response4,,title ,,vi--,department of ,commerce vessels,sec4 #fja4 ,waivers for certain contracts4,,title ,,vii--,federal ,maritime ,commission ,authorization ,act of #bjag,sec4 #gja4 ,short title4,sec4 #gjb4 ,authorization of appropriations4,sec4 #gjc4 ,record of meetings and votes4,sec4 #gjd4 ,public participation4,sec4 #gje4 ,preventing deceptive practices4,sec4 #gjf4 ,reports filed with the ,commission4,sec4 #gjg4 ,transparency4,sec4 #gjh4 ,treatment of tug operators4,sec4 #gji4 ,prohibitions and penalties4,,title ,,viii--,vessel ,incidental ,discharge ,act,sec4 #hja4 ,short title4,sec4 #hjb4 ,definitions4,sec4 #hjc4 ,existing ballast water regulations4,sec4 #hjd4 ,ballast water discharge requirements4,sec4 #hje4 ,review of ballast water discharge standard4,sec4 #hjf4 ,alternative compliance program4,sec4 #hjg4 ,reception facilities4,sec4 #hjh4 ,requirements for discharges incidental to the normal operation of a commercial vessel4,sec4 #hji4 ,judicial review4,sec4 #haj4 ,state enforcement4,sec4 #haa4 ,effect on ,state authority4,sec4 #hab4 ,effect on other laws4,,title ,,ix--,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,amendments and ,hydrographic ,services ,improvement ,act ,reauthorization and ,amendments ,act of #bjag,sec4 #ija4 ,short title4,sec4 #ijb4 ,references to ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb4,subtitle ,a--,general provisions,sec4 #iaa4 ,strength and distribution in grade4,sec4 #iab4 ,recalled officers4,sec4 #iac4 ,obligated service requirement4,sec4 #iad4 ,training and physical fitness4,sec4 #iae4 ,recruiting materials4,sec4 #iaf4 ,technical correction4,subtitle ,b--,parity and recruitment,sec4 #iba4 ,education loans4,sec4 #ibb4 ,interest payments4,sec4 #ibc4 ,student pre-commissioning program4,sec4 #ibd4 ,limitation on educational assistance4,sec4 #ibe4 ,applicability of certain provisions of title #aj1 ,united ,states ,code1 and extension of certain authorities applicable to members of the ,armed ,forces to commissioned officer corps4,sec4 #ibf4 ,applicability of certain provisions of title #cg1 ,united ,states ,code4,sec4 #ibg4 ,legion of ,merit award4,sec4 #ibh4 ,prohibition on retaliatory personnel actions4,sec4 #ibi4 ,penalties for wearing uniform without authority4,sec4 #icj4 ,application of certain provisions of competitive service law4,sec4 #ica4 ,employment and reemployment rights4,sec4 #icb4 ,treatment of commission in commissioned officer corps for purposes of certain hiring decisions4,sec4 #icc4 ,direct hire authority4,subtitle ,c--,appointments and promotion of officers,sec4 #ida4 ,appointments4,sec4 #idb4 ,personnel boards4,sec4 #idc4 ,delegation of authority4,sec4 #idd4 ,assistant ,administrator of the ,office of ,marine and ,aviation ,operations4,sec4 #ide4 ,temporary appointments4,sec4 #idf4 ,officer candidates4,sec4 #idg4 ,procurement of personnel4,subtitle ,d--,separation and retirement of officers,sec4 #iea4 ,involuntary retirement or separation4,sec4 #ieb4 ,separation pay4,subtitle ,e--,hydrographic services and other matters,sec4 #ifa4 ,reauthorization of ,hydrographic ,services ,improvement ,act of #aiih4,sec4 #ifb4 ,system for tracking and reporting all-inclusive cost of hydrographic surveys4,sec4 #ifc4 ,homeport of certain research vessels4 #b4 ,effective dates 7a7 ,in general ,except as otherwise specifically provided in this ,act1 this ,act and the amendments made by this ,act shall take effect on the date of enactment of this ,act4 7b7 ,certain delayed effective dates ,the amendments made by sections #aja1 #ajb1 #djc1 and #gjb shall take effect on ,october #a1 #bjag1 or the date of enactment of this ,act1 whichever is later4 ,the amendments made by section #bjf shall take effect on ,january #a1 #bjah4 ,i ,authorizations #aja4 ,authorization of appropriations ,section #bgjb of title #ad1 ,united ,states ,code1 is amended to read as follows3 #bgjb4 ,authorization of appropriations ,funds are authorized to be appropriated for each of fiscal years #bjah and #bjai for necessary expenses of the ,coast ,guard as follows3 7#a7 ,for the operation and maintenance of the ,coast ,guard1 not otherwise provided for-- 7,a7 #g1cjj1jjj1jjj for fiscal year #bjah2 and 7,b7 #g1eib1jjj1jjj for fiscal year #bjai4 7#b7 ,for the acquisition1 construction1 renovation1 and improvement of aids to navigation1 shore and offshore facilities1 vessels1 and aircraft1 including equipment related thereto1 and for maintenance1 rehabilitation1 lease1 and operation of facilities and equipment-- 7,a7 #a1ihe1hde1jjj for fiscal year #bjah1 to remain available through ,september #cj1 #bjbb2 and 7,b7 #b1jbg1edg1gde for fiscal year #bjai1 to remain available through ,september #cj1 #bjbc4 7#c7 ,for the ,coast ,guard ,reserve program1 including operations and maintenance of the program1 personnel and training costs1 equipment1 and services-- 7,a7 #adb1ief1ccf for fiscal year #bjah2 and 7,b7 #ade1ieh1dai for fiscal year #bjai4 7#d7 ,for the environmental compliance and restoration of the ,coast ,guard under chapter #ai of this title-- 7,a7 #ag1jea1gba for fiscal year #bjah1 to remain available through ,september #cj1 #bjbb2 and 7,b7 #ag1dji1hjg for fiscal year #bjai1 to remain available through ,september #bj1 #bjbc4 7#e7 ,to the ,commandant of the ,coast ,guard for research1 development1 test1 and evaluation of technologies1 materials1 and human factors directly related to improving the performance of the ,coast ,guard's mission with respect to search and rescue1 aids to navigation1 marine safety1 marine environmental protection1 enforcement of laws and treaties1 ice operations1 oceanographic research1 and defense readiness1 and for maintenance1 rehabilitation1 lease1 and operation of facilities and equipment-- 7,a7 #bj1cjg1fij for fiscal year #bjah2 and 7,b7 #bj1gcd1aea for fiscal year #bjai4 4 #ajb4 ,authorized levels of military strength and training ,section #bgjd of title #ad1 ,united ,states ,code1 is amended to read as follows3 #bgjd4 ,authorized levels of military strength and training 7a7 ,active duty strength ,the ,coast ,guard is authorized an end-of-year strength for active duty personnel of #dc1jjj for each of fiscal years #bjah and #bjai4 7b7 ,military training student loads ,the ,coast ,guard is authorized average military training student loads for each of fiscal years #bjah and #bjai as follows3 7#a7 ,for recruit and special training1 #b1ejj student years4 7#b7 ,for flight training1 #afe student years4 7#c7 ,for professional training in military and civilian institutions1 #cej student years4 7#d7 ,for officer acquisition1 #a1bjj student years4 4 ,,ii ,coast ,guard #bja4 ,primary duties ,section #b7g7 of title #ad1 ,united ,states ,code1 is amended by striking including the fulfillment of ,maritime ,defense ,zone command responsibilities and inserting and at all times assist in the defense of the ,united ,states4 #bjb4 ,training2 emergency response providers 7a7 ,in general ,chapter #g of title #ad1 ,united ,states ,code1 is amended by inserting after section #ada the following3 #ada;a4 ,training2 emergency response providers 7a7 ,in general ,the ,commandant 7or the ,commandant's designee7 may1 on a reimbursable or a nonreimbursable basis1 make training available to public safety personnel whenever the ,commandant 7or the ,commandant's designee7 determines that-- 7#a7 a member of the ,coast ,guard1 who was 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 described in paragraph 7#a71 is able or available to participate in such training2 and 7#c7 such training1 if made available to public safety personnel1 would further the goal of interoperability among ,federal agencies1 non-,federal governmental agencies1 or both4 7b7 ,definition of emergency response provider ,in this section1 the term emergency response provider has the meaning given the term in section #aja of title #f4 7c7 ,treatment of reimbursement ,any reimbursement for training that the ,coast ,guard receives under this section shall be credited to the appropriation used to pay the costs for such training4 7d7 ,status2 limitation on liability 7#a7 ,status ,any individual to whom1 as an emergency response provider1 training is made available under this section shall not be considered a ,federal employee for any purpose1 including the purposes of-- 7,a7 chapter #ha of title #e 7relating to compensation for injury72 or 7,b7 sections #bfga through #bfhj of title #bh 7relating to tort claims74 7#b7 ,limitation on liability ,the individual described in paragraph 7#a7 or that individual's employer shall be liable for any claim arising out of such training4 4 7b7 ,table of contents ,the table of contents of chapter #g of title #ad1 ,united ,states ,code1 is amended by inserting after the item relating to section #ada the following3 #ada;a4 ,training2 emergency response providers4 4 #bjc4 ,commissioned service retirement ,section #bia of title #ad1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7a7 ,in general4-- before ,any regular and indenting appropriately2 7#b7 in subsection 7a71 as designated-- 7,a7 by inserting of the ,coast ,guard after officer2 and 7,b7 by striking ,president and inserting ,secretary2 and 7#c7 by adding at the end the following3 7b7 ,active commissioned service ,the ,secretary may authorize the ,commandant1 through fiscal year #bjai1 to reduce the requirement under subsection 7a7 for at least ten years of active service as a commissioned officer to a period of not less than eight years4 4 #bjd4 ,officer promotion zones ,section #bef7;a7 of title #ad1 ,united ,states ,code1 is amended by striking six-tenths and inserting one-half4 #bje4 ,officer evaluation report 7a7 ,in general ,beginning with the first evaluation cycle after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard shall reduce lieutenant junior grade evaluation reports to the same length as an ensign or place lieutenant junior grade evaluations on an annual schedule4 7b7 ,board survey ,the ,commandant of the ,coast ,guard shall survey outgoing promotion board members and assignment officers to determine1 at a minimum-- 7#a7 which sections of the officer evaluation report were most useful2 7#b7 which sections of the officer evaluation report were least useful2 7#c7 how to better reflect high performers2 and 7#d7 any recommendations for improving the officer evaluation report4 7c7 ,survey of officers ,the ,commandant of the ,coast ,guard shall conduct a survey on the officer evaluation report to-- 7#a7 cover at least #aj percent of the officers from each grade of officers from ,o#a to ,o#f2 and 7#b7 determine how much time each member of the rating chain spends on that member's portion of the officer evaluation report4 7d7 ,revisions 7#a7 ,in general ,not later than #e years after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard shall revise the officer evaluation report1 and providing corresponding directions1 taking into account the requirements under paragraph 7#b74 7#b7 ,requirements ,in revising the officer evaluation report under paragraph 7#a71 the ,commandant shall-- 7,a7 consider the findings of the surveys under subsections 7b7 and 7c72 7,b7 improve administrative efficiency2 7,c7 reduce and streamline performance dimensions and narrative text2 7,d7 eliminate redundancy with the officer specialty management system and any other record information systems that are used during the officer assignment or promotion process2 7,e7 provide for fairness and equity for ,coast ,guard officers with regard to promotion boards1 selection panels1 and the assignment process2 and 7,f7 ensure officer evaluation responsibilities can be accomplished within normal working hours-- 7i7 to minimize any impact to officer duties2 and 7ii7 to eliminate any need for an officer to take liberty or leave for administrative purposes4 7e7 ,report 7#a7 ,in general ,not later than #ede 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-- 7,a7 on the findings of the survey under subsection 7b72 and 7,b7 on the findings of the survey under subsection 7c74 7#b7 ,format ,the report under paragraph 7#a7 shall be formatted by each rank1 type of board1 and position1 as applicable4 #bjf4 ,retired pay2 amounts for payments in connection with modernized retirement system 7a7 ,in general ,chapter #aa of title #ad1 ,united ,states ,code1 is amended by inserting after section #dbd;a the following3 #dbd;b4 ,retired pay2 amounts for payments in connection with modernized retirement system ,of the amounts appropriated for retirement pay under this chapter in any fiscal year1 the ,secretary may use such sums as are necessary for the following purposes 7in addition to other amounts that may be available for such purposes7 as such purposes relate to a member3 7#a7 ,lump sum payment of certain retired pay under section #adae of title #aj4 7#b7 ,thrift ,savings ,plan contributions under section #hddj;e7e7 of title #e4 7#c7 ,continuation pay under section #cef of title #cg4 4 7b7 ,table of contents ,the table of contents for chapter #aa of title #ad1 ,united ,states ,code1 is amended by inserting after the item relating to section #dbd the following3 #dbd;b4 ,retired pay2 amounts for payments in connection with modernized retirement system4 4 #bjg4 ,inclusion of vessel for investigation purposes 7a7 ,in general ,section #fgh of title #ad1 ,united ,states ,code1 is amended by inserting or vessel after aircraft each place it appears4 7b7 ,technical and conforming amendments ,chapter #ag of title #ad1 ,united ,states ,code1 is amended-- 7#a7 in the table of contents of chapter #ag1 by inserting and vessel after ,aircraft in the item relating to section #fgh2 and 7#b7 in the heading for section #fgh1 by inserting and vessel after ,aircraft4 #bjh4 ,leave for the birth or adoption of a child ,section #dca of title #ad1 ,united ,states ,code1 is amended-- 7#a7 by striking ,not later than #a year and inserting the following3 7a7 ,in general ,except as provided in subsection 7b71 not later than #a year 2 and 7#b7 by adding at the end the following3 7b7 ,leave associated with the birth or adoption of a child ,notwithstanding section #gja of title #aj or any other provision of law1 the ,secretary of the department in which the ,coast ,guard is operating shall ensure that any rule1 policy1 or memorandum that provides leave associated with the birth or adoption of a child to an officer or enlisted member of the ,coast ,guard permits1 for not later than #a year after the date of such birth or adoption and at the discretion of the ,commanding ,officer-- 7#a7 the officer or member1 as applicable1 to take such leave in increments2 and 7#b7 flexible work schedules 7as defined in regulation promulgated by the ,secretary7 for the officer or member1 as applicable1 until all such leave is expended4 4 #bji4 ,aviation cadets2 appointment as ,reserve officers2 cross reference ,section #cgc7;a7 of title #ad1 ,united ,states ,code1 is amended by inserting designated under section #cga after cadet4 #baj4 ,clothing at time of discharge for good of service2 repeal ,section #dhb of title #ad1 ,united ,states ,code1 and the item relating to that section in the table of contents of chapter #ac of that title1 are repealed4 #baa4 ,multiyear contracts ,the ,secretary is authorized to enter into a multiyear contract for the procurement of a tenth1 eleventh1 and twelfth ,national ,security ,cutter and associated government-furnished equipment4 #bab4 ,coast ,guard ,,rotc ,program ,not later than #a year 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 costs and benefits of creating a ,coast ,guard ,reserve ,officers' ,training ,corps ,program based on the other armed forces programs4 #bac4 ,national ,coast ,guard ,museum ,subsection 7b7 of section #ih of title #ad1 ,united ,states ,code1 is amended to read as follows3 7b7 ,expenditures ,the ,secretary shall fund the operation and maintenance of the ,national ,coast ,guard ,museum with nonappropriated and non-,federal funds to the maximum extent practicable4 ,the priority use of ,federal operation and maintenance funds should be to preserve and protect historic ,coast ,guard artifacts1 including the design1 fabrication1 and installation of exhibits or displays in which such artifacts are included4 4 #bad4 ,polar icebreakers 7a7 ,rolling recapitalization report for the ,,polar ,,star 7#a7 ,requirement for report ,the ,secretary of the department in which the ,coast ,guard is operating1 in consultation with ,naval ,sea ,systems ,command1 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 detailed report describing a plan to extend the service life of the ,coast ,guard ,cutter ,,polar ,,star 7,,wagb-#aj7 under a rolling recapitalization plan for #g to #aj years4 7#b7 ,content ,the report required by paragraph 7#a7 shall include the following3 7,a7 ,based upon a materiel condition assessment of the ,coast ,guard ,cutter ,,polar ,,star 7,,wagb-#aj7-- 7i7 a description of the service life extension needs of the vessel2 7ii7 detailed information regarding planned shipyard work for each fiscal year to meet such needs2 and 7iii7 an estimate of the specific amount needed to be appropriated to complete the rolling recapitalization of the vessel4 7,b7 ,a plan to ensure the vessel will maintain seasonally operational status during the rolling recapitalization4 7b7 ,authorization of appropriations ,the ,commandant of the ,coast ,guard may use funds made available pursuant to section #bgjb7b7 of title #ad1 ,united ,states ,code1 as amended by section #aja of this ,act1 for the rolling recapitalization described in the report required by subsection 7a74 #bae4 ,great ,lakes icebreaker acquisition 7a7 ,icebreaking on the ,great ,lakes ,for fiscal years #bjah and #bjai1 the ,commandant of the ,coast ,guard may use funds made available pursuant to section #bgjb7b7 of title #ad1 ,united ,states ,code1 as amended by section #aja of this ,act1 for the selection of a design for1 and the construction of1 an icebreaker that is at least as capable as the ,coast ,guard ,cutter ,mackinaw to enhance icebreaking capacity on the ,great ,lakes4 7b7 ,initial survey and design work ,the ,commandant of the ,coast ,guard shall commence initial survey and design work associated with the acquisition of a new ,coast ,guard icebreaker that is at least as capable as the ,coast ,guard ,cutter ,mackinaw to enhance icebreaking capacity on the ,great ,lakes4 7c7 ,acquisition plan ,not later than #de days after the date of enactment of this ,act1 the ,commandant shall submit a plan to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives for acquiring an icebreaker described in subsections 7a7 and 7b74 ,such plan shall include-- 7#a7 the details and schedule of the acquisition activities to be completed2 and 7#b7 a description of how the funding for ,coast ,guard acquisition1 construction1 and improvements that was appropriated under the ,consolidated ,appropriations ,act of #bjag 7,public ,law #aae-ca7 will be allocated to support the acquisition activities referred to in paragraph 7#a74 ,,iii ,marine safety #cja4 ,coast ,guard advisory committees 7a7 ,establishment ,subtitle ,i of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #g ,coast ,guard advisory committees ,sec4#gja4 ,administration4#gjb4 ,chemical ,transportation ,advisory ,committee4#gjc4 ,commercial ,fishing ,safety ,advisory ,committee4#gjd4 ,great ,lakes ,pilotage ,advisory ,committee4#gje4 ,lower ,mississippi ,river ,waterway ,safety ,advisory ,committee4#gjf4 ,merchant ,marine ,personnel ,advisory ,committee4#gjg4 ,merchant ,mariner ,medical ,advisory ,committee4#gjh4 ,national ,boating ,safety ,advisory ,council4#gji4 ,national ,maritime ,security ,advisory ,committee4#gaj4 ,national ,offshore ,safety ,advisory ,committee4#gaa4 ,navigation ,safety ,advisory ,council4#gab4 ,towing ,safety ,advisory ,committee4 #gja4 ,administration 7a7 ,employee status ,a member of an advisory committee or advisory council established under this chapter shall not be considered an employee of the ,federal ,government by reason of service on such committee or council1 except for the purposes of the following provisions of law3 7#a7 ,section #egjc of title #e 7relating to travel expenses74 7#b7 ,chapter #ha of title #e 7relating to compensation for work injuries74 7#c7 ,chapter #aga of title #bh and any other ,federal statute relating to tort liability4 7#d7 ,if the member is a special ,government employee-- 7,a7 chapter #gc of title #e2 7,b7 sections #bja1 #bjb1 #bjc1 #bje1 #bjg1 #bjh1 and #bji of title #ah2 7,c7 the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app72 and 7,d7 any other provision of law relating to employee conduct1 political activities1 ethics1 conflict of interest1 and corruption that applies to a special ,government employee4 7b7 ,compensation ,a member of an advisory committee or advisory council established under this chapter who is not otherwise a ,federal employee shall not receive pay by reason of service on such committee or council4 7c7 ,acceptance of volunteer services ,a member of an advisory committee or advisory council established under this chapter may serve on a voluntary basis without pay without regard to section #acdb of title #ca or any other law4 #gjb4 ,chemical ,transportation ,advisory ,committee 7a7 ,establishment ,there is established a ,chemical ,transportation ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function ,the ,committee1 acting through the ,commandant 7or the ,commandant's designee71 is authorized to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to the safe and secure marine transportation of hazardous materials4 7c7 ,organization 7#a7 ,meeting ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of not more than #be members4 7,b7 ,points of view ,each member of the ,committee shall represent the point of view of #a of the following entities or groups associated with marine transportation of hazardous materials3 7i7 ,chemical manufacturing4 7ii7 ,marine handling or transportation of chemicals4 7iii7 ,vessel design and construction4 7iv7 ,marine safety or security4 7v7 ,marine environmental protection4 7,c7 ,needs of the ,coast ,guard ,the ,commandant 7or the ,commandant's designee7 shall1 based on the needs of the ,coast ,guard1 determine the number of members who represent a specific point of view4 7,d7 ,rule of construction ,neither this subsection nor any other provision of law or policy shall be construed to require an equal distribution of members representing specific points of view among the membership of the ,committee4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah1 each member of the ,committee is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,committee4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,committee more than once4 7,c7 ,service ,each member of the ,committee shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7,b7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairperson2 vice chairperson 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,committee as the ,chairperson and another member of the ,committee as the ,vice ,chairperson1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairperson and the ,vice ,chairperson4 7,c7 ,vacancy ,the ,vice ,chairperson shall act as ,chairperson in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairperson4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 #gjc4 ,commercial ,fishing ,safety ,advisory ,committee 7a7 ,establishment ,there is established a ,commercial ,fishing ,safety ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function ,the ,committee1 acting through the ,commandant 7or the ,commandant's designee7-- 7#a7 shall advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to the safe operation of vessels to which chapter #de of this title applies1 including navigation safety1 safety equipment and procedures1 marine insurance1 vessel design1 construction1 maintenance and operation1 and personnel qualifications and training2 7#b7 shall review proposed regulations promulgated pursuant to chapter #de of this title2 7#c7 shall submit recommendations described in paragraph 7#a7 to the ,secretary in writing2 7#d7 may submit any recommendations described in paragraph 7#a7 at any time and frequency as determined to be appropriate by the ,committee2 7#e7 shall to review proposed regulations promulgated pursuant to chapter #de of this title2 and 7#f7 shall make available to ,congress any information1 advice1 and recommendations that the ,committee is authorized to give to the ,secretary4 7c7 ,organization 7#a7 ,meeting ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of #ah members4 7,b7 ,experience ,each member of the ,committee shall have particular expertise1 knowledge1 and experience regarding the commercial fishing industry4 7,c7 ,points of view ,except as provided in subparagraph 7,d71 a member of the ,committee shall represent the point of view of an entity or group1 as follows3 7i7 #aj members representing the commercial fishing industry who-- 7,i7 reflect a regional and representational balance2 and 7,,ii7 have experience in the operation of vessels to which chapter #de of this title applies or as a crew member or processing line worker on a fish processing vessel4 7ii7 #a member representing naval architects or marine engineers4 7iii7 #a member representing manufacturers of equipment for vessels to which chapter #de of this title applies4 7iv7 #a member representing education or training professionals related to fishing vessel1 fish processing vessel1 or fish tender vessel safety or personnel qualifications4 7v7 #a member representing underwriters that insure vessels to which chapter #de of this title applies4 7vi7 #a member representing owners of vessels to which chapter #de of this title applies4 7,d7 ,exception 7i7 ,in general ,subject to clause 7ii71 #c members of the ,committee shall represent the general public4 7ii7 ,experience ,whenever possible1 a member who represents the general public shall be either-- 7,i7 an independent expert or consultant in maritime safety2 7,,ii7 a marine surveyor who provides services to vessels to which chapter #de of this title applies2 or 7,,iii7 a person familiar with issues affecting fishing communities and families of fishermen4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah-- 7,a7 a member of the ,committee1 whom the ,secretary appoints to represent a point of view of an entity or group under paragraph 7#b77;,c71 is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah72 and 7,b7 a member of the ,committee1 whom the ,secretary may appoint to represent the general public1 is hereby deemed a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,committee4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,committee more than once4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7,b7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairperson2 vice chairperson 7,a7 ,in general ,the ,committee shall elect a ,chairperson and ,vice ,chairperson from among its members4 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairperson and the ,vice ,chairperson4 7,c7 ,vacancy ,the ,vice ,chairperson shall act as ,chairperson in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairperson4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,consultation ,the ,commandant 7or the ,commandant's designee7 shall1 whenever practicable-- 7#a7 consult with the ,committee before taking any significant action relating to the safe operation of vessels to which chapter #de of this title applies2 7#b7 consider the information1 advice1 and recommendations of the ,committee in consulting with other agencies and the public or in formulating policy regarding the safe operation of vessels to which chapter #de of this title applies2 7#c7 make all recommendations made by the ,committee in paragraph 7b7 public and available for comment within #cj days of receiving the recommendation from the ,committee2 7#d7 respond in writing to all public comments made regarding recommendations made by the ,committee in paragraph 7b72 7#e7 respond in writing to any recommendations or resolutions made by the ,committee in paragraph 7b7 and provide reasoning for acceptation or rejection to all recommendations within #fj days of receiving the recommendation2 and 7#f7 make all responses in paragraph 7#e7 available to the ,congress and the public at the time the response is transmitted4 7e7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 #gjd4 ,great ,lakes ,pilotage ,advisory ,committee 7a7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a ,great ,lakes ,pilotage ,advisory ,committee 7referred to in this section as the ,committee74 7#b7 ,duties ,the ,committee-- 7,a7 may review proposed ,great ,lakes pilotage regulations and policies and make recommendations to the ,secretary that the ,committee considers appropriate2 7,b7 may advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to ,great ,lakes pilotage2 7,c7 may make available to the ,congress recommendations that the ,committee makes to the ,secretary2 and 7,d7 shall meet at the call of-- 7i7 the ,secretary1 who shall call such a meeting at least once during each calendar year2 or 7ii7 a majority of the ,committee4 7b7 ,organization 7#a7 ,in general 7,a7 ,membership ,the ,committee shall consist of #g members appointed by the ,secretary in accordance with this subsection1 each of whom has at least #e years practical experience in maritime operations4 7,b7 ,term ,the term of each member is for a period of not more than #e years1 specified by the ,secretary4 7,c7 ,notice ,before filling a position on the ,committee1 the ,secretary shall publish a notice in the ,federal ,register soliciting nominations for membership on the ,committee4 7#b7 ,representation ,the membership of the ,committee shall include-- 7,a7 the ,president of each of the #c ,great ,lakes pilotage districts1 or the ,president's representative2 7,b7 #a member representing the interests of vessel operators that contract for ,great ,lakes pilotage services2 7,c7 #a member representing the interests of ,great ,lakes ports2 7,d7 #a member representing the interests of shippers whose cargoes are transported through ,great ,lakes ports2 and 7,e7 a member with a background in finance or accounting1 who-- 7i7 must have been recommended to the ,secretary by a unanimous vote of the other members of the ,committee1 and 7ii7 may be appointed without regard to requirement in paragraph 7#a7 that each member have #e years of practical experience in maritime operations4 7c7 7#a7 ,chairperson2 vice chairperson ,the ,committee shall elect #a of its members as the ,chairperson and #a of its members as the ,vice ,chairperson4 ,the ,vice ,chairperson shall act as ,chairperson in the absence or incapacity of the ,chairperson1 or in the event of a vacancy in the office of the ,chairperson4 7#b7 ,observer ,the ,secretary shall1 and any other interested agency may1 designate a representative to participate as an observer with the ,committee4 ,the ,secretary's designated representative shall act as the executive secretary of the ,committee and shall perform the duties set forth in section #aj7;c7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,recommendations 7#a7 ,in general ,the ,secretary shall1 whenever practicable1 consult with the ,committee before taking any significant action relating to ,great ,lakes pilotage4 7#b7 ,consideration ,the ,secretary shall consider the information1 advice1 and recommendations of the ,committee in formulating policy regarding matters affecting ,great ,lakes pilotage4 7#c7 ,approval ,any recommendations to the ,secretary under subsection 7a77#b77;,b7 must have been approved by at least all but #a of the members then serving on the ,committee4 7e7 7#a7 ,compensation ,notwithstanding section #gja1 a member of the ,committee1 when attending meetings of the ,committee or when otherwise engaged in the business of the ,committee1 is entitled to receive-- 7,a7 compensation at a rate fixed by the ,secretary1 not exceeding the daily equivalent of the current rate of basic pay in effect for ,,gs-#ah of the ,general ,schedule under section #eccb of title #e including travel time2 and 7,b7 travel or transportation expenses under section #egjc of title #e4 7#b7 ,employee status ,notwithstanding section #gja1 a member of the ,committee shall not be considered to be an officer or employee of the ,united ,states for any purpose based on their receipt of any payment under this subsection4 7f7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 applies to the ,committee1 except that the ,committee terminates on ,september #cj1 #bjbj4 7#b7 ,renewal #b years before the termination date set forth in paragraph 7#a7 of this subsection1 the ,committee shall submit to the ,congress its recommendation regarding whether the ,committee should be renewed and continued beyond the termination date4 #gje4 ,lower ,mississippi ,river ,waterway ,safety ,advisory ,committee 7a7 ,establishment ,there is established a ,lower ,mississippi ,river ,waterway ,safety ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function ,the ,committee1 acting through the ,commandant 7or the ,commandant's designee71 is authorized to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to communication1 surveillance1 traffic management1 anchorages1 development and operation of ,new ,orleans ,vessel ,traffic ,services1 and other related topics dealing with and actions relating to navigational safety on the ,lower ,mississippi ,river4 7c7 ,organization 7#a7 ,meeting ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of #bd members4 7,b7 ,experience ,each member of the ,committee shall have expertise1 knowledge1 and experience regarding the transportation1 equipment1 and techniques that are used to ship cargo and to navigate vessels on the ,lower ,mississippi ,river and its connecting navigable waterways1 including the ,gulf of ,mexico4 7,c7 ,points of view ,except as provided in subparagraph 7,d71 each member of the ,committee shall represent the point of view of an entity or group1 as follows3 7i7 #e members representing ,river ,port ,authorities between ,baton ,rouge1 ,louisiana1 and the head of passes of the ,lower ,mississippi ,river1 of which-- 7,i7 #a member shall be from the ,port of ,st4 ,bernard2 and 7,,ii7 #a member from the ,port of ,plaquemines4 7ii7 #b members representing vessel owners or ship owners domiciled in the ,state of ,louisiana4 7iii7 #b members representing organizations which operate harbor tugs or barge fleets in the geographical area covered by the ,committee4 7iv7 #b members representing companies which transport cargo or passengers on the navigable waterways in the geographical area covered by the ,committee4 7v7 #c members representing ,state ,commissioned ,pilot organizations1 with #a member each representing-- 7,i7 the ,new ,orleans-,baton ,rouge ,steamship ,pilots ,association2 7,,ii7 the ,crescent ,river ,port ,pilots ,association2 and 7,,iii7 the ,association ,branch ,pilots4 7vi7 #c members representing consumers1 shippers1 or importers and exporters that utilize vessels which utilize the navigable waterways covered by the ,committee4 7vii7 #b members representing those licensed merchant mariners1 other than pilots1 who perform shipboard duties on those vessels which utilize navigable waterways covered by the ,committee4 7viii7 #a member representing an organization that serves in a consulting or advisory capacity to the maritime industry4 7ix7 #a member representing an environmental organization4 7,d7 ,additional members 7i7 ,in general #c members of the ,committee shall represent the general public4 7ii7 ,water transportation facilities ,whenever possible1 #b of the #c members who represent the general public shall be individuals who utilize water transportation facilities located in the geographic area that the ,committee covers4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah-- 7,a7 each member of the ,committee1 whom the ,secretary appoints to represent the point of view of an entity or group set out in paragraph 7#b77;,c71 is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah72 and 7,b7 each member of the ,committee1 whom the ,secretary appoints to represent the general public1 is hereby deemed a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,committee4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,committee more than once4 7,c7 ,service ,each member of the ,committee shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extension ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7,b7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairperson2 vice chairperson 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,committee as the ,chairperson and another member of the ,committee as the ,vice ,chairperson1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairperson and the ,vice ,chairperson4 7,c7 ,vacancy ,the ,vice ,chairperson shall act as ,chairperson in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairperson4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,consultation ,the ,commandant 7or the ,commandant's designee7 shall1 whenever practicable1 consult with the ,committee before taking any significant action relating to navigation safety in the ,lower ,mississippi ,river4 7e7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 #gjf4 ,merchant ,marine ,personnel ,advisory ,committee 7a7 ,establishment ,there is established a ,merchant ,marine ,personnel ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function ,the ,committee1 acting through the ,commandant 7or the ,commandant's designee71 is authorized to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to personnel in the ,united ,states merchant marine1 including training1 qualifications1 certification1 documentation1 and fitness standards4 7c7 ,meeting ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7d7 ,membership 7#a7 ,in general ,the ,committee shall consist of #ai members4 7#b7 ,points of view ,except as provided in subparagraph 7,c71 each member of the ,committee shall represent the point of view of an entity or group1 as follows3 7,a7 #i members representing the interests of mariners-- 7i7 each of whom-- 7,i7 shall be a citizen of the ,united ,states2 and 7,,ii7 shall hold an active license or certificate issued under chapter #ga of this title or a merchant mariner document issued under chapter #gc of this title2 and 7ii7 among whom shall be-- 7,i7 #c deck officers representing the interests of merchant marine deck officers1 of whom-- 7aa7 #b shall be licensed for oceans any gross tons2 7bb7 #a shall be licensed for inland river route with a limited or unlimited tonnage2 7cc7 #b shall have a master's license or a master of towing vessels license2 7dd7 #a shall have significant tanker experience2 and 7ee7 to the extent practicable-- 7,,aa7 #a shall represent the interests of labor2 and 7,,bb7 #a shall represent the interests of management2 7,,ii7 #c engineering officers representing the interests of merchant marine engineering officers1 of whom-- 7aa7 #b shall be licensed as chief engineer any horsepower2 7bb7 #a shall be licensed as either a limited chief engineer or a designated duty engineer2 and 7cc7 to the extent practicable-- 7,,aa7 #a shall represent the interests of labor2 and 7,,bb7 #a shall represent the interests of management2 7,,iii7 #b unlicensed seamen1 of whom-- 7aa7 #a shall represent the interests of able-bodied seamen2 and 7bb7 #a shall represent the interests of qualified members of the engine department2 and 7,,iv7 #a pilot representing the interests of merchant marine pilots4 7,b7 #f members representing the interests of marine educators-- 7i7 each of whom shall be a marine educator2 and 7ii7 among whom shall be-- 7,i7 #c marine educators who shall represent the interests of maritime academies1 including-- 7aa7 #b who shall represent the interests of ,state maritime academies2 and 7bb7 #a who shall represent either the viewpoint of the ,state maritime academies or the ,united ,states ,merchant ,marine ,academy2 and 7,,ii7 #c marine educators who shall represent the interests of other maritime training institutions1 #a of whom shall represent the interests of the small vessel industry4 7,c7 #b members representing the interests of shipping companies employed in ship operation management4 7,d7 #b members of the ,committee shall represent the general public4 7#c7 ,status of members 7,a7 ,in general ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah-- 7i7 a member of the ,committee1 whom the ,secretary appoints to represent the point of view of an entity or group set out in paragraph 7#b77;,b71 is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah72 and 7ii7 a member of the ,committee1 whom the ,secretary appoints to represent the general public1 is hereby deemed a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7,b7 ,rule of construction ,nothing in this section shall be construed to prohibit the nomination or appointment of a ,federal employee to serve as a member of the ,committee representing the interests of the ,united ,states ,merchant ,marine ,academy4 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,committee4 7iii7 ,reappointment ,the ,secretary may reappoint a member to the ,committee more than once4 7,c7 ,soliciting nominations ,notwithstanding subparagraphs 7,a7 and 7,b71 the ,secretary may-- 7i7 with regard to the appointment of a member or members to represent the interests of the ,state maritime academies1 solicit nominations for membership on the ,committee from each ,state maritime academy or a joint nomination from some or all ,state maritime academies2 and 7ii7 with regard to the appointment of a member to represent the interests of the ,united ,states ,merchant ,marine ,academy1 solicit a nomination for membership on the ,committee from the ,secretary of ,transportation4 7,d7 ,service ,each member of the ,committee shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7iii7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairperson2 vice chairperson 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,committee as the ,chairperson and another member of the ,committee as the ,vice ,chairperson1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairperson and the ,vice ,chairperson4 7,c7 ,vacancy ,the ,vice ,chairperson shall act as ,chairperson in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairperson4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7e7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 #gjg4 ,merchant ,mariner ,medical ,advisory ,committee 7a7 ,establishment ,there is established a ,merchant ,mariner ,medical ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function ,the ,committee1 acting through the ,commandant 7or the ,commandant's designee71 is authorized to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to-- 7#a7 medical certification determinations of merchant mariners2 7#b7 medical standards and guidelines for the physical qualifications of operators of commercial vessels2 7#c7 medical examiner education2 and 7#d7 medical research4 7c7 ,organization 7#a7 ,meeting ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of #ad members4 7,b7 ,restriction ,no member of the ,committee shall be a regular ,federal employee4 7,c7 ,experience ,of the members of the ,committee-- 7i7 #aj members shall be healthcare professionals with particular expertise1 knowledge1 or experience regarding the medical examinations of merchant mariners or occupational medicine2 and 7ii7 #d members shall be professional mariners with knowledge and experience in mariners' occupational requirements4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah1 each member of the ,committee is hereby deemed a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,committee4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,committee more than once4 7,c7 ,service ,each member of the ,committee shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7iii7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairperson2 vice chairperson 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,committee as the ,chairperson and another member of the ,committee as the ,vice ,chairperson1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairperson and the ,vice ,chairperson4 7,c7 ,vacancy ,the ,vice ,chairperson shall act as ,chairperson in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairperson4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 #gjh4 ,national ,boating ,safety ,advisory ,council 7a7 ,establishment ,there is established a ,national ,boating ,safety ,advisory ,council 7referred to in this section as the ,council74 7b7 ,organization 7#a7 ,meeting ,the ,council shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,council shall consist of #ba members4 7,b7 ,experience ,each member of the ,council shall have particular expertise1 knowledge1 and experience in recreational boating safety4 7,c7 ,points of view ,except as provided in subparagraph 7,d71 each member of the ,council shall represent the point of view of an entity or group1 as follows3 7i7 #g members representing ,state officials responsible for ,state boating safety programs4 7ii7 #g members representing manufacturers1 wholesale distributors1 or retail distributors of recreational vessels or associated equipment4 7iii7 ,at least #e members representing national recreational boating organizations4 7,d7 ,additional members ,not more than #b members of the ,council may represent the general public4 7,e7 ,panels ,additional individuals from an entity or group set out in subparagraph 7,c7 may be appointed to panels of the ,council to assist the ,council in performing its duties4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah-- 7,a7 a member of the ,council1 whom the ,secretary appoints to represent the point of view of an entity or group set out in paragraph 7#b77;,c71 is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah72 and 7,b7 in the event that the ,secretary appoints a member to represent the general public1 such member of the ,council is hereby deemed a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,council4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,council4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,council4 7iii7 ,vacancy ,the ,secretary may reappoint a member to the ,council more than once4 7,c7 ,service ,each member of the ,council shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,council shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7#a71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,council to ,december #ca of the fifth full year after the effective date of the appointment4 7iii7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,council1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairperson2 vice chairperson 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,council as the ,chairperson and another member of the ,council as the ,vice ,chairperson1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,council1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairperson and the ,vice ,chairperson4 7,c7 ,vacancy ,the ,vice ,chairperson shall act as ,chairperson in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairperson4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,council in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7c7 ,consultation ,in addition to the consultation required by section #dcjb of this title1 the ,commandant 7or the ,commandant's designee7 shall1 whenever practicable1 consult with the ,council on boating safety matters related to chapter #aca of this title4 7d7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,council4 7#b7 ,termination ,the ,council shall terminate on ,september #cj1 #bjbg4 #gji4 ,national ,maritime ,security ,advisory ,committee 7a7 ,establishment ,there is established a ,national ,maritime ,security ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function ,the ,committee1 acting through the ,commandant 7or the ,commandant's designee71 is authorized to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to national maritime security4 7c7 ,organization 7#a7 ,meeting ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of not less than #h members1 but not more than #ab members4 7,b7 ,experience ,each member of the ,committee shall have at least #e years practical experience in maritime security operations4 7,c7 ,points of view ,each member of the ,committee shall represent the point of view of an entity or group1 as follows3 7i7 ,at least #a member representing the port authorities4 7ii7 ,at least #a member representing the facilities owners or operators4 7iii7 ,at least #a member representing the terminal owners or operators4 7iv7 ,at least #a member representing the vessel owners or operators4 7v7 ,at least #a member representing the maritime labor organizations4 7vi7 ,at least #a member representing the academic community4 7vii7 ,at least #a member representing ,state or local governments4 7viii7 ,at least #a member representing the maritime industry4 7ix7 ,not more than #d members1 each representing an entity or group1 the point of view of which or the area of expertise of which the ,commandant 7or the ,commandant's designee7 determines would aid the ,committee's deliberations4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah1 each member of the ,committee is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of an individual in making an appointment to the ,committee4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,committee more than once4 7,c7 ,service ,each member of the ,committee shall serve at the pleasure of the ,secretary4 7,d7 ,background examinations ,the ,secretary may require an individual to have passed an appropriate security background examination before appointment to the ,committee4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7iii7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairperson2 vice chairperson 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,committee as the ,chairperson and another member of the ,committee as the ,vice ,chairperson1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairperson and the ,vice ,chairperson4 7,c7 ,vacancy ,the ,vice ,chairperson shall act as ,chairperson in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairperson4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 #gaj4 ,national ,offshore ,safety ,advisory ,committee 7a7 ,establishment ,there is established a ,national ,offshore ,safety ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function ,the ,committee1 acting through the ,commandant 7or the ,commandant's designee71 is authorized to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to activities directly involved with1 or in support of1 the exploration of offshore mineral and energy resources insofar as such activities relate to matters within ,coast ,guard jurisdiction4 7c7 ,organization 7#a7 ,meeting ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of #ae members4 7,b7 ,points of view ,except as provided in subparagraph 7,c71 each member of the ,committee shall represent the point of view of an entity or group1 as follows3 7i7 #b members representing companies1 organizations1 enterprises1 or similar entities engaged in the production of petroleum4 7ii7 #b members representing companies1 organizations1 enterprises1 or similar entities engaged in offshore drilling4 7iii7 #b members representing companies1 organizations1 enterprises or similar entities engaged in the support1 by offshore supply vessels or other vessels1 of offshore operations4 7iv7 #a member representing a company1 organization1 enterprise or similar entity engaged in the construction of offshore facilities4 7v7 #a member representing a company1 organization1 enterprise or similar entity providing diving services to the offshore industry4 7vi7 #a member representing a company1 organization1 enterprise or similar entity providing safety and training services to the offshore industry4 7vii7 #a member representing a company1 organization1 enterprise or similar entity providing subsea engineering1 construction or remotely operated vehicle support to the offshore industry4 7viii7 #b members representing employees of companies1 organizations1 enterprises or similar entities engaged in offshore operations1 #a of whom should have recent practical experience on vessels or units involved in the offshore industry4 7ix7 #a member representing a company1 organization1 enterprise or similar entity providing environmental protection1 compliance or response services to the offshore industry4 7x7 #a member representing a company1 organization1 enterprise or similar entity engaged in offshore oil exploration or production on the ,outer ,continental ,shelf of ,alaska4 7,c7 ,additional member #a member of the ,committee shall represent the general public4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah-- 7,a7 a member of the ,committee1 whom the ,secretary appoints to represent the point of view of an entity or group set out in paragraph 7#b77;,c71 is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah72 and 7,b7 a member of the ,committee1 whom the ,secretary appoints to represent the general public1 is hereby deemed a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,committee4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,committee more than once4 7,c7 ,service ,each member of the ,committee shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7iii7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairperson2 vice chairperson 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate one member of the ,committee as the ,chairperson and another member of the ,committee as the ,vice ,chairperson1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairperson and the ,vice ,chairperson4 7,c7 ,vacancy ,the ,vice ,chairperson shall act as ,chairperson in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairperson4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 #gaa4 ,navigation ,safety ,advisory ,council 7a7 ,establishment ,there is established a ,navigation ,safety ,advisory ,council 7referred to in this section as the ,council74 7b7 ,function ,the ,council1 acting through the ,commandant 7or the ,commandant's designee71 is authorized to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to maritime collisions1 rammings and groundings1 ,inland ,rules of the ,road1 ,international ,rules of the ,road1 navigation regulations and equipment1 routing measures1 marine information1 and aids to navigation systems4 7c7 ,organization 7#a7 ,meeting ,the ,council shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,council shall consist of not more than #ba members4 7,b7 ,experience ,each member of the ,council shall have expertise in ,inland and ,international vessel navigation ,rules of the ,road1 aids to maritime navigation1 maritime law1 vessel safety1 or port safety4 7,c7 ,points of view ,each member of the ,council shall represent the point of view of one of the following entities or groups3 7i7 ,commercial vessel owners or operators4 7ii7 ,professional mariners4 7iii7 ,recreational boaters4 7iv7 ,state agencies responsible for vessel or port safety4 7v7 ,the ,maritime ,law ,association4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah1 each member of the ,council is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,council4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,council4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to the ,council4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,council more than once4 7,c7 ,service ,each member of the ,council shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,council shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,council to ,december #ca of the fifth full year after the effective date of the appointment4 7iii7 ,reappointments ,in the case of an appointment to fill a vacancy on the ,council1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairperson2 vice chairperson 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,council as the ,chairperson and another member of the ,council as the ,vice ,chairperson1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,council1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairperson and the ,vice ,chairperson4 7,c7 ,vacancy ,the ,vice ,chairperson shall act as ,chairperson in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairperson4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,council in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,council4 7#b7 ,termination ,the ,council shall terminate on ,september #cj1 #bjbg4 #gab4 ,towing ,safety ,advisory ,committee 7a7 ,establishment ,there is established a ,towing ,safety ,advisory ,committee 7referred to in this section as the ,committee74 7b7 ,function ,the ,committee1 acting through the ,commandant 7or the ,commandant's designee71 is authorized to advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to shallow-draft inland navigation1 coastal waterway navigation1 and towing safety4 7c7 ,organization 7#a7 ,meeting ,the ,committee shall1 at least once each calendar year1 meet at the call of the ,commandant 7or the ,commandant's designee74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of #ah members4 7,b7 ,experience ,each member of the ,committee shall have particular expertise1 knowledge1 and experience regarding-- 7i7 shallow-draft inland navigation or coastal waterway navigation2 and 7ii7 towing safety4 7,c7 ,points of view ,except as provided in subparagraph 7,d71 each member of the ,committee shall represent the point of view of an entity or group1 as follows3 7i7 #g members representing the barge and towing industry1 reflecting a regional geographic balance4 7ii7 #a member representing the offshore mineral and oil supply vessel industry4 7iii7 #a member representing ,masters or ,pilots of towing vessels who have experience on the ,western ,rivers and the ,gulf ,intracoastal ,waterway4 7iv7 #a member representing ,masters of towing vessels who have experience in offshore service4 7v7 #a member representing ,masters of towing vessels who have experience in harbor-assist operations4 7vi7 #a member representing towing vessel engineers4 7vii7 #b members representing port districts1 authorities1 or terminal operators4 7viii7 #a member representing shippers4 7ix7 #a member representing shippers who are engaged in the chartering or shipping of oil or hazardous materials by barge4 7,d7 ,additional members #b members of the ,committee shall represent the general public4 7#c7 ,status of members ,for the purposes of ,federal law1 including the ,ethics in ,government ,act of #aigh and chapter #aa of title #ah-- 7,a7 a member of the ,committee1 whom the ,secretary appoints to represent the point of view of an entity or group set out in paragraph 7#b77;,c71 is hereby deemed a representative of the member's respective special interest entity or group1 and not a special ,government employee 7as defined in section #bjb7;a7 of title #ah72 and 7,b7 a member of the ,committee1 whom the ,secretary appoints to represent the general public1 is hereby deemed a special ,government employee 7as defined in section #bjb7;a7 of title #ah74 7#d7 ,nominations2 appointments2 service 7,a7 ,nominations ,as necessary1 the ,secretary shall publish1 in the ,federal ,register1 a notice soliciting nominations for membership on the ,committee4 7,b7 ,appointments 7i7 ,in general ,after timely notice is published1 the ,secretary shall1 as necessary1 appoint members to the ,committee4 7ii7 ,limitations ,the ,secretary may not seek1 consider1 or otherwise use information concerning the political affiliation of an individual in making an appointment to the ,committee4 7iii7 ,reappointments ,the ,secretary may reappoint a member to the ,committee more than once4 7,c7 ,service ,each member of the ,committee shall serve at the pleasure of the ,secretary4 7#e7 ,term2 vacancy 7,a7 ,term 7i7 ,in general ,the term of each member of the ,committee shall expire on ,december #ca of the third full year after the effective date of the appointment4 7ii7 ,extensions ,notwithstanding clause 7i71 paragraph 7#d71 or any other provision of law or policy1 the ,commandant 7or the ,commandant's designee7 may extend the term of a member of the ,committee to ,december #ca of the fifth full year after the effective date of the appointment4 7iii7 ,vacancy ,in the case of an appointment to fill a vacancy on the ,committee1 the ,secretary shall appoint an individual for a full term4 7#f7 ,chairperson2 vice chairperson 7,a7 ,in general ,the ,commandant 7or the ,commandant's designee7 shall designate #a member of the ,committee as the ,chairperson and another member of the ,committee as the ,vice ,chairperson1 both of whom shall serve in such capacity at the pleasure of the ,commandant 7or the ,commandant's designee7 and for a term to be fixed by the ,commandant 7or the ,commandant's designee74 7,b7 ,recommendations ,the ,commandant 7or the ,commandant's designee7 may solicit1 from the ,committee1 recommendations with regard to the members whom the ,commandant 7or the ,commandant's designee7 shall designate as the ,chairperson and the ,vice ,chairperson4 7,c7 ,vacancy ,the ,vice ,chairperson shall act as ,chairperson in the absence or incapacity of1 or in the event of a vacancy in the office of1 the ,chairperson4 7#g7 ,designated ,federal ,officer ,the ,commandant 7or the ,commandant's designee7 shall designate a ,designated ,federal ,officer to the ,committee in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,consultation ,the ,commandant 7or the ,commandant's designee7 shall1 whenever practicable1 consult with the ,committee before taking any significant action affecting shallow-draft inland navigation1 coastal waterway navigation1 and towing safety4 7e7 ,federal ,advisory ,committee ,act2 termination 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,termination ,the ,committee shall terminate on ,september #cj1 #bjbg4 4 7b7 ,technical and conforming amendments 7#a7 ,table of chapters ,the table of chapters for subtitle ,i of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #g4;,coast ,guard advisory committees#gja4 7#b7 ,commercial ,fishing ,safety ,advisory ,committee 7,a7 ,repeal ,section #dejh of title #df1 ,united ,states ,code1 is repealed4 7,b7 ,table of contents ,the table of contents of chapter #de of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #dejh4 7#c7 ,great ,lakes ,pilotage ,advisory ,committee 7,a7 ,repeal ,section #icjg of title #df1 ,united ,states ,code1 is repealed4 7,b7 ,table of contents ,the table of contents of chapter #ic of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #icjg4 7#d7 ,lower ,mississippi ,river ,waterway ,safety ,advisory ,committee ,section #ai of the ,coast ,guard ,authorization ,act of #aiia 7,public ,law #ajb-bda2 #aje ,stat4 #bbae7 is repealed4 7#e7 ,merchant ,marine ,personnel ,advisory ,committee 7,a7 ,repeal ,section #hajh of title #df1 ,united ,states ,code1 is repealed4 7,b7 ,table of contents ,the table of contents of chapter #ha of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #hajh4 7#f7 ,merchant ,mariner ,medical ,advisory ,committee 7,a7 ,repeal ,section #gaae of title #df1 ,united ,states ,code1 is repealed4 7,b7 ,table of contents ,the table of contents of chapter #ga of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #gaae4 7#g7 ,national ,boating ,safety ,advisory ,council 7,a7 ,repeal ,section #acaaj of title #df1 ,united ,states ,code1 is repealed4 7,b7 ,table of contents ,the table of contents of chapter #aca of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #acaaj4 7,c7 ,technical amendment ,section #dcjb7;c77#d7 of title #df1 ,united ,states ,code1 is amended by striking #acaaj and inserting #gjh4 7#h7 ,national ,maritime ,security ,advisory ,committee ,section #aji7;a77#a7 of the ,maritime ,transportation ,security ,act of #bjjb 7#df ,u4,s4,c4 #gjaja note7 is amended by striking section #gjaab of title #df1 ,united ,states ,code1 as amended by this ,act and inserting section #gji of title #df1 ,united ,states ,code4 7#i7 ,navigation ,safety ,advisory ,council ,section #e of the ,inland ,navigational ,rules ,act of #aihj 7#cc ,u4,s4,c4 #bjgc7 is repealed4 7#aj7 ,towing ,safety ,advisory ,committee ,the ,act to establish a ,towing ,safety ,advisory ,committee in the ,department of ,transportation1 approved ,october #f1 #aihj1 7#cc ,u4,s4,c4 #abca;a7 is repealed4 7c7 ,area ,maritime ,security ,advisory ,committees 7#a7 ,in general ,section #gjaab of title #df1 ,united ,states ,code1 is amended-- 7,a7 in the heading1 by striking ,maritime ,security ,advisory ,committees and inserting ,area ,maritime ,security ,advisory ,committees2 7,b7 by amending subsection 7a7 to read as follows3 7a7 ,establishment of ,committees 7#a7 ,the ,secretary may-- 7,a7 establish an ,area ,maritime ,security ,advisory ,committee for any port area of the ,united ,states2 and 7,b7 request an ,area ,maritime ,security ,committee to review the proposed ,area ,maritime ,transportation ,security ,plan developed under section #gjajc7;b7 and make recommendations to the ,secretary that the ,committee considers appropriate4 7#b7 ,each ,area ,maritime ,security ,advisory ,committee-- 7,a7 may advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to maritime security in that area2 7,b7 may make available to the ,congress recommendations that the ,committee makes to the ,secretary2 and 7,c7 shall meet at the call of-- 7i7 the ,secretary1 who shall call such a meeting at least once during each calendar year2 or 7ii7 a majority of the ,committee4 2 7,c7 in subsection 7b7-- 7i7 in paragraph 7#a71 by striking of the committees and inserting ,area ,maritime ,security ,advisory ,committee2 7ii7 in paragraph 7#c7-- 7,i7 by striking such a committee and inserting an ,area ,maritime ,security ,advisory ,committee2 and 7,,ii7 by striking the committee and inserting an ,area ,maritime ,security ,advisory ,committee2 7iii7 in paragraph 7#d71 by striking the ,committee and inserting an ,area ,maritime ,security ,advisory ,committee2 and 7iv7 in paragraph 7#e7-- 7,i7 by striking subparagraph 7,a72 and 7,,ii7 in subparagraph 7,b71 by striking 7,b7 and indenting appropriately2 7,d7 in subsection 7c77#a71 by striking committee and inserting ,area ,maritime ,security ,advisory ,committee2 7,e7 by striking subsection 7d72 7,f7 by redesignating subsections 7e71 7f71 and 7g7 as subsections 7d71 7e71 and 7f71 respectively2 7,g7 in subsection 7d71 as redesignated-- 7i7 by striking the ,committee and inserting an ,area ,maritime ,security ,advisory ,committee2 and 7ii7 by striking the period at the end and inserting for an area42 7,h7 in subsection 7e71 as redesignated-- 7i7 in paragraph 7#a71 by striking a committee and inserting an ,area ,maritime ,security ,advisory ,committee2 and 7ii7 in paragraph 7#b71 by striking such a committee and inserting an ,area ,maritime ,security ,advisory ,committee2 and 7,i7 by amending subsection 7f71 as redesignated1 to read as follows3 7f7 ,federal ,advisory ,committee ,act2 termination date 7#a7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 does not apply to ,area ,maritime ,security ,advisory ,committees established under this section4 7#b7 ,termination ,the ,area ,maritime ,security ,advisory ,committees shall terminate on ,september #cj1 #bjbg4 4 7d7 ,table of contents ,the table of contents of chapter #gja of title #df1 ,united ,states ,code1 is amended in the item relating to section #gjaab by striking ,maritime ,security ,advisory ,committees and inserting ,area ,maritime ,security ,advisory ,committees4 7e7 ,houston-,galveston ,navigation ,safety ,advisory ,committee2 repeal ,section #ah of the ,coast ,guard ,authorization ,act of #aiia 7,public ,law #ajb-bda2 #aje ,stat4 #bbac7 is repealed4 7f7 ,transition of ,coast ,guard advisory committees 7#a7 ,in general ,notwithstanding the amendments made under subsections 7b7 and 7c7 of this section1 an advisory committee described in paragraph 7#b7 of this subsection shall continue to be subject to the requirements under law to which such advisory committee was subject as in effect on the day before the date of enactment of this ,act1 including its charter1 and the members appointed to such advisory committee shall continue to serve pursuant thereto1 until the ,secretary of the department in which the ,coast ,guard is operating makes the applicable appointments under sections #gjb through #gab of title #df1 ,united ,states ,code4 7#b7 ,coast ,guard advisory committees ,an advisory committee described in this paragraph is as follows3 7,a7 ,chemical ,transportation ,advisory ,committee4 7,b7 ,commercial ,fishing ,safety ,advisory ,committee established under section #dejh of title #df1 ,united ,states ,code4 7,c7 ,great ,lakes ,pilotage ,advisory ,committee established under section #icjg of title #df1 ,united ,states ,code4 7,d7 ,lower ,mississippi ,river ,waterway ,safety ,advisory ,committee established under section #ai of the ,coast ,guard ,authorization ,act of #aiia 7,public ,law #ajb-bda2 #aje ,stat4 #bbae74 7,e7 ,merchant ,marine ,personnel ,advisory ,committee established under section #hajh of title #df1 ,united ,states ,code4 7,f7 ,merchant ,mariner ,medical ,advisory ,committee established under section #gaae of title #df1 ,united ,states ,code4 7,g7 ,national ,boating ,safety ,advisory ,council established under section #acaaj of title #df1 ,united ,states ,code4 7,h7 ,national ,maritime ,security ,advisory ,committee established under section #gjaab of title #df1 ,united ,states ,code4 7,i7 ,national ,offshore ,safety ,advisory ,committee4 7,j7 ,navigation ,safety ,advisory ,council established under section #e of the ,inland ,navigational ,rules ,act of #aihj 7#cc ,u4,s4,c4 #bjgc74 7,k7 ,towing ,safety ,advisory ,committee established under the ,act entitled the ,act to establish a ,towing ,safety ,advisory ,committee in the ,department of ,transportation1 approved ,october #f1 #aihj 7#cc ,u4,s4,c4 #abca;a74 7#c7 ,deadline ,not later than #b years after the date of enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall make the appointments1 and file any necessary charters1 under sections #gjb through #gab of title #df1 ,united ,states ,code4 #cjb4 ,clarification of logbook and entry requirements ,section #aacjd of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking an official logbook1 which and inserting a logbook1 which may be in any form1 including electronic1 and2 and 7,b7 by inserting or a ferry1 passenger vessel1 or small passenger vessel 7as those terms are defined in section #baja7 after ,canada2 and 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking log book and inserting logbook2 and 7,b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,each illness or injury1 the nature of the illness or injury1 and any medical treatment administered4 4 #cjc4 ,technical amendments2 licenses1 certifications of registry1 and merchant mariner documents ,part ,e of subtitle ,,ii of title #df1 ,united ,states ,code1 is amended-- 7#a7 in section #gajf7;b71 by striking merchant mariner's document and inserting license2 7#b7 in section #gajg7;b71 by striking merchant mariner's document and inserting certificate of registry2 and 7#c7 in section #gejg7;b7-- 7,a7 in paragraph 7#a71 by striking licenses or certificates of registry and inserting merchant mariner documents2 and 7,b7 in paragraph 7#b71 by striking a merchant mariner's document and inserting a license or a certificate of registry44 #cjd4 ,numbering for undocumented barges ,chapter #aba of title #df1 ,united ,states ,code1 is amended-- 7#a7 in section #abajb-- 7,a7 in subsection 7c71 by adding at the end the following3 ,the ,secretary may require such an undocumented barge more than #ajj gross tons operating on the navigable waters of the ,united ,states to be numbered under chapter #abc of this title42 and 7,b7 in subsection 7d71 by striking ,secretary of ,transportation and inserting ,secretary of the department in which the ,coast ,guard is operating2 and 7#b7 in section #abcja-- 7,a7 by striking subsection 7b72 and 7,b7 by striking the subsection designation in subsection 7a7 and indenting appropriately4 #cje4 ,equipment requirements2 exemption from throwable personal flotation devices ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall revise section #age4ag of title #cc1 ,code of ,federal ,regulations1 to exempt paddleboards and rafts from the requirement for carriage of an additional throwable personal flotation device if each person is required to wear a personal flotation device while under way and at least #a rescue throw bag1 as typically used in whitewater rafting1 is on board4 #cjf4 ,ensuring maritime coverage ,in order to meet all of the mission requirements of its maritime response program1 as the ,coast ,guard recapitalizes assets1 it shall ensure continuity of the coverage currently provided by that program to locations that may lose assets4 #cjg4 ,deadline for compliance with alternate safety compliance program 7a7 ,in general ,section #dejc7;d7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking 8,after ,january #a1 #bjbj10 and all that follows through 8the ,secretary1 if0 and inserting 8,subject to paragraph 7#c71 beginning on the date that is #c years after the date that the ,secretary prescribes an alternate safety compliance program1 a fishing vessel1 fish processing vessel1 or fish tender vessel to which section #dejb7;b7 of this title applies shall comply with the alternate safety compliance program if02 7#b7 in paragraph 7#b71 by striking establishes standards for an alternate safety compliance program1 shall comply with such an alternative safety compliance program that is developed in cooperation with the commercial fishing industry and prescribed by the ,secretary and inserting prescribes an alternate safety compliance program under paragraph 7#a71 shall comply with the alternate safety compliance program2 and 7#c7 by amending paragraph 7#c7 to read as follows3 7#c7 ,for purposes of paragraph 7#a71 a separate alternate safety compliance program may be developed for a specific region or specific fishery4 4 7b7 ,final rule ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall issue a final rule implementing the alternate safety compliance programs under section #dejc of title #df1 ,united ,states ,code1 as amended by subsection 7a7 of this section4 #cjh4 ,fishing1 fish tender1 and fish processing vessel certification 7a7 ,nonapplication ,section #dejc7;c77#b77;,a7 of title #df1 ,united ,states ,code1 is amended by striking #gi and inserting #ahj4 7b7 ,determining when keel is laid ,section #dejc of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7g7 as subsection 7h72 and 7#b7 by inserting after subsection 7f7 the following3 7g7 ,for purposes of this section1 a keel is laid when a structure1 adequate of serving as a keel for a vessel greater than #gi feet in length is identified for use in the construction of a specific vessel and is so affirmed by a marine surveyor4 4 #cji4 ,termination of unsafe operations2 technical amendment ,section #deje of title #df1 ,united ,states ,code1 is amended by striking #dejc7a7 and inserting #dejc7;a74 #caj4 ,installation and use of engine cut-off switches on recreational vessel 7a7 ,use of engine cut-off switch links 7#a7 ,requirement ,the ,secretary of the department in which the ,coast ,guard is operating shall revise the regulations under part #age of title #cc1 ,code of ,federal ,regulations1 to prohibit a person from operating a recreational vessel #be feet or less in length unless-- 7,a7 the person is wearing an engine cut-off switch link while operating on plane or above displacement speed2 and 7,b7 the engine cut-off switch is factory equipped on the primary propulsion machinery4 7#b7 ,exceptions ,the requirement under paragraph 7#a7 shall not apply to the following3 7,a7 ,a vessel #be feet or less in length whose main helm is installed within an enclosed cabin that would protect an operator from being thrown overboard should the operator be displaced from the helm4 7,b7 ,a vessel with propulsion machinery developing static thrust of less than #aae pounds or #c horsepower4 7,c7 ,a vessel without factory equipped engine cut-off switches4 7b7 ,installation of engine cut-off switches ,the ,secretary of the department in which the ,coast ,guard is operating shall revise the regulations under part #ahc of title #cc1 ,code of ,federal ,regulations1 to require an equipment manufacturer1 distributor1 or dealer that installs propulsion machinery and associate starting controls on a recreational vessel #be feet or less in length and capable of developing at least #aae pounds of static thrust to install an engine cut-off switch on such recreational vessel in accordance with the ,american ,boat and ,yacht ,standard ,a-#cc1 as amended4 7c7 ,penalty ,a person that violates a regulation promulgated under subsection 7a77#a7 of this section shall be subject to a civil penalty under section #dcaa of title #df1 ,united ,states ,code1 not to exceed-- 7#a7 #ajj for the first offense2 7#b7 #bej for the second offense2 and 7#c7 #ejj for any subsequent offense4 7d7 ,preemption ,in accordance with section #dcjf of title #df1 ,united ,states ,code1 a ,state may not establish1 continue in effect1 or enforce any law or regulation addressing engine cut-off switch requirements that is not identical to a regulation prescribed under this section4 7e7 ,definitions ,in this section3 7#a7 ,engine cut-off switch ,the term engine cut-off switch means a mechanical or electronic device that is connected to propulsion machinery that will stop propulsion if-- 7,a7 the switch is not properly connected2 or 7,b7 the switch components are submerged in water or separated from the switch by a predetermined distance4 7#b7 ,engine cut-off switch link ,the term engine cut-off switch link means the equipment attached to the recreational vessel operator and which activates the engine cut-off switch4 7f7 ,effective dates ,a regulation prescribed under this section shall specify an effective date that is not earlier than #a year from the date the regulation was published4 #caa4 ,visual distress signals and alternative use 7a7 ,in general ,the ,secretary of the department in which the ,coast ,guard is operating shall develop a performance standard for the alternative use and possession of visual distress signals as mandated by carriage requirements for recreational boats in subpart ,c of part #age of title #cc1 ,code of ,federal ,regulations4 7b7 ,regulations ,not later than #ahj days after the performance standard for alternative use and possession of a visual distress signal is finalized1 the ,secretary shall revise part #age of title #cc1 ,code of ,federal ,regulations1 to allow for carriage of such alternative signal devices4 7c7 ,e,p,i,r,bs and ,p,l,bs ,in revising the regulations under subsection 7b71 the ,secretary shall allow use of position indicating radio beacons 7,e,p,i,r,bs7 or ,personal ,locating ,devices 7,p,l,bs7 of #djf megahertz1 operating on the ,,cospas-,,sarsat system1 to meet the alternative carriage requirements for recreational boats under subpart ,c of part #age of title #cc1 ,code of ,federal ,regulations4 #cab4 ,renewal period for documented recreational vessels ,section #abaad of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,issuance of certificate of documentation ,the ,secretary of the department in which the ,coast ,guard is operating is authorized to issue certificates of documentation with effective periods of #a year1 #b years1 #c years1 #d years1 or #e years4 7#a7 ,phased in issuance of certificates 7,a7 ,in fiscal year #bjai1 vessel owners or operators with vessel documentation numbers ending in #j1 #a1 #b1 #c shall be qualified to apply for a renewal certificate of documentation with an effective period of #e years4 ,alternatively1 vessel owners or operators with vessel documentation numbers ending in #j1 #a1 #b1 #c may elect to apply for a renewal certificate of documentation with an effective period of #a year1 #b years1 #c years1 or #d years4 ,all other vessel owners and operators shall be qualified to apply for an initial or renewal certificate with an effective period of #a year4 7,b7 ,in fiscal year #bjbj1 vessel owners or operators with vessel documentation numbers ending in #d1 #e1 or #f shall be qualified to apply for a renewal certificate of documentation with an effective period of #e years4 ,alternatively1 vessel owners or operators with vessel documentation numbers ending in #d1 #e1 or #f may elect to apply for a renewal certificate of documentation with an effective period of #a year1 #b years1 #c years1 or #d years4 ,all other vessel owners and operators shall be qualified to apply for an initial or renewal certificate with an effective period of #a year4 7,c7 ,in fiscal year #bjba1 vessel owners or operators with vessel documentation numbers ending in #g1 #h1 or #i shall be qualified to apply for an initial or renewal certificate of documentation with an effective period of #e years4 ,alternatively1 vessel owners or operators with vessel documentation numbers ending in #g1 #h1 or #i may elect to apply for an initial or renewal certificate of documentation with an effective period of #a year1 #b years1 #c years1 or #d years4 ,all other vessel owners and operators shall be qualified to apply for an initial or renewal certificate with an effective period of #a year4 7,d7 ,starting in fiscal year #bjbb all vessel owners and operators shall be qualified to apply for a renewal certificate of documentation with effective periods of #a year1 #b years1 #c years1 #d years1 or #e years4 7,e7 ,starting in fiscal year #bjai vessel owners and operators applying for an initial certificate of documentation may apply for such documentation with an effective period of #a year1 #b years1 #c years1 #d years1 or #e years4 7#b7 ,application for renewal ,applications for renewal may be submitted no earlier than #ij days prior to the expiration date of a certificate of documentation4 7#c7 ,fees 7,a7 ,for fiscal years #bjai through #bjba1 the ,secretary shall collect the following fees from vessel owners or operators3 7i7 ,for a certificate of documentation with an effective period of #e years the fee collected from the vessel owner or operator shall be #acj4 7ii7 ,for a certificate of documentation with an effective period of #d years the fee collected from the vessel owner or operator shall be #ajd4 7iii7 ,for a certificate of documentation with an effective period of #c years the fee collected from the vessel owner or operator shall be #gh4 7iv7 ,for a certificate of documentation with an effective period of #b years the fee collected from the vessel owner or operator shall be #eb4 7v7 ,for a certificate of documentation with an effective period of #a year the fee collected from the vessel owner or operator shall be #bf4 7,b7 ,for fiscal years #bjbb and thereafter1 such fees shall be published in the ,federal ,register as a direct final rule4 ,such rulemaking shall be exempt from the requirements of the ,administrative ,procedure ,act 7,public ,law #gi-djd2 #fj ,stat #bcg74 7#d7 ,funds availability ,fees collected for the issuance of certificates of documentation by the ,secretary of the department in which the ,coast ,guard is operating-- 7,a7 shall be deposited into the account that bore the expense for issuance of such certificate of documentation1 and 7,b7 shall be available until expended4 4 #cac4 ,exception from survival craft requirements ,section #cajd of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,auxiliary craft 7#a7 ,exception ,subject to paragraph 7#b71 this section shall not apply to a vessel carrying an auxiliary craft on board1 except an inflatable liferaft1 if the auxiliary craft-- 7,a7 is readily accessible during an emergency2 and 7,b7 is capable of safely holding all individuals on board the vessel4 7#b7 ,requirement ,a vessel described in paragraph 7#a7 may not exceed the rated capacity on the capacity plate of the auxiliary craft if the auxiliary craft is equipped with a ,coast ,guard required capacity plate4 4 #cad4 ,inland waterway and river tender1 and bay class icebreaker acquisition plan 7a7 ,acquisition plan ,not later than #ede 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 plan to replace the aging fleet of inland waterway and river tenders1 and the bay class icebreakers4 7b7 ,contents ,the plan described in subsection 7a7 shall include-- 7#a7 a schedule for the acquisition to begin2 7#b7 the date the first vessel will be delivered2 7#c7 the date the acquisition will be complete2 7#d7 a description of the order and location of replacements2 7#e7 an estimate of the cost per vessel and for total acquisition program of record2 and 7#f7 an analysis of whether existing vessels can be used4 #cae4 ,arctic planning criteria 7a7 ,alternative planning criteria 7#a7 ,in general ,the ,commandant of the ,coast ,guard may approve alternative planning criteria for the area covered by the ,captain of the ,port ,zone that includes the ,arctic1 or for an area of lesser geographic extent than the area covered by the ,captain of the ,port ,zone that includes the ,arctic1 for purposes of complying with subpart ,d and subpart ,j of section #aee of title #cc1 ,code of ,federal ,regulations1 if the ,commandant1 in addition to the requirements described in sections #aee4ajfe and #aee4ejfg of that title-- 7,a7 verifies that equipment included in the plan has been tested and proven capable of operating in the environmental conditions expected in the area in which it is intended to be operated2 and 7,b7 verifies that training has been conducted by the equipment operators on the equipment listed in the plan4 7#b7 ,post-approval requirements ,for each plan approved under paragraph 7#a7-- 7,a7 an alternative planning criteria provider shall conduct regular exercises and drills of the plan as described in the ,coast ,guard ,preparedness for ,response ,exercise ,program guidelines2 or 7,b7 an alternative planning criteria provider may take credit for responses to actual spills or releases1 or to significant threats of a spill1 instead of conducting regular exercises and drills of the plan1 if the provider-- 7i7 documents which exercise requirements1 as described in the ,preparedness for ,response ,exercise ,program guidelines1 were met during the response2 and 7ii7 submits a request for credit to and receives approval from the ,commandant4 7b7 ,report 7#a7 ,in general ,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 for the area covered by the ,captain of the ,port ,zone that includes the ,arctic4 7#b7 ,contents ,the report shall include the following3 7,a7 ,levels of equipment and assets4 7,b7 ,location the equipment and assets that are to be deployed1 including an estimate of the time to deploy the equipment and assets4 7,c7 ,a determination on the degree of how effectively the assets are distributed throughout the area4 7,d7 ,a statement on whether performance of ability to deploy equipment and impact on other areas covered by the ,captain of the ,port ,zone is taken into account when measuring the level of equipment available4 7,e7 ,validation of port assessment visit process and response resource inventory4 7,f7 ,a description of the resources need throughout the ,coast ,guard to conduct port assessments1 exercises1 response plan review and spill responses4 7c7 ,definition of ,arctic ,in this section1 the term ,arctic has the meaning given the term under section #aab of the ,arctic ,research and ,policy ,act of #aihd 7#ae ,u4,s4,c4 #daaa74 #caf4 ,fishing safety grant programs 7a7 ,fishing ,safety ,training ,grant ,program ,section #dejb7;i77#d7 of title #df1 ,united ,states ,code1 is amended by striking #bjae through #bjag and inserting #bjae through #bjai4 7b7 ,fishing ,safety ,research ,grant ,program ,section #dejb7;j77#d7 of title #df1 ,united ,states ,code1 is amended by striking #bjae through #bjag and inserting #bjae through #bjai4 #cag4 ,safety standards ,section #dejb7;f7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#b7 by striking paragraph 7#b71 and inserting the following3 7#b7 shall examine at dockside a vessel described in subsection 7b7 at least once every #e years1 but may require an exam at dockside every #b years for certain vessels described in subsection 7b7 requested by the owner or operator2 7#c7 shall issue a certificate of compliance to a vessel meeting the requirements of this chapter and satisfying the requirements in paragraph 7#b72 and 4 #cah4 ,commercial fishing vessel safety outreach strategy 7a7 ,requirement for strategy ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall develop and 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 national communications plan for the purposes of-- 7#a7 disseminating information to the commercial fishing vessel industry2 7#b7 conducting outreach with the commercial fishing vessel industry2 7#c7 facilitating interaction with the commercial fishing vessel industry2 and 7#d7 releasing information collected under section #gjc of title #df1 ,united ,states ,code1 as amended by this ,act1 to the commercial fishing vessel industry4 7b7 ,content ,the plan required by subsection 7a71 and each annual update1 shall-- 7#a7 employ all available staff1 resources1 and systems available to the ,secretary to ensure the widest dissemination of information to the commercial fishing vessel industry2 7#b7 be individually adapted as necessary by ,captain of the ,port ,zone to ensure the most effective strategy and means to communicate with commercial fishing vessel industry2 7#c7 include a means to document all communication and outreach conducted with the commercial fishing vessel industry2 and 7#d7 include a mechanism to measure effectiveness of such plan4 7c7 ,updates ,the ,secretary of the department in which the ,coast ,guard is operating shall-- 7#a7 update and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives the plan required by subsection 7a7 not less frequently than once each year2 and 7#b7 include input from individual ,captain of the ,port's and any feedback received from the commercial fishing vessel industry under subsection 7b77#c74 ,,iv ,maritime security #dja4 ,maritime border security cooperation ,the ,secretary of the department in which the ,coast ,guard is operating shall1 in accordance with law-- 7#a7 partner with other ,federal1 ,state1 and local government agencies to leverage technology1 including existing sensor and camera systems and other sensors1 to provide continuous monitoring of the maritime border2 and 7#b7 enter into such agreements as the ,secretary considers necessary to ensure #bd-;hour monitoring of such technology4 #djb4 ,currency detection canine team program 7a7 ,definitions ,in this section3 7#a7 ,canine currency detection team ,the term canine currency detection team means a canine and a canine handler that are trained to detect currency4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the department in which the ,coast ,guard is operating4 7b7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish a program to allow the use of canine currency detection teams for purposes of ,coast ,guard maritime law enforcement and maritime security operations1 including underway vessel boardings4 7c7 ,operation ,the ,secretary may cooperate with1 or enter into an agreement with1 the head of another ,federal agency to meet the requirements under subsection 7b74 #djc4 ,confidential investigative expenses ,section #feh of title #ad1 ,united ,states ,code1 is amended by striking #de1jjj and inserting #bej1jjj4 #djd4 ,monitoring of illegal1 unreported1 and unregulated fishing 7a7 ,in general ,the ,secretary of the department in which the ,coast ,guard is operating shall conduct a #a-year pilot program to determine the impact of persistent aircraft-based surveillance on illegal maritime activities in the ,alaskan and ,western ,pacific regions4 7b7 ,requirements ,the pilot program shall-- 7#a7 use light aircraft-based detection systems which can identify potential illegal activity from higher altitudes and produce enforcement-quality evidence at lower altitudes2 and 7#b7 be directed at detecting and deterring illegal1 unreported1 and unregulated fishing and enhancing maritime domain awareness4 #dje4 ,strategic assets in the ,arctic 7a7 ,definition of ,arctic ,in this section1 the term ,arctic has the meaning given the term in section #aab of the ,arctic ,research and ,policy ,act of #aihd 7#ae ,u4,s4,c4 #daaa74 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,arctic continues to grow in significance to both the national security interests and the economic prosperity of the ,united ,states2 and 7#b7 the ,coast ,guard must ensure it is positioned to respond to any accident1 incident1 or threat with appropriate assets4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard1 in consultation with the ,secretary of ,defense and taking into consideration the ,department of ,defense #bjaf ,arctic ,strategy1 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 progress toward implementing the strategic objectives described in the ,united ,states ,coast ,guard ,arctic ,strategy dated ,may #bjac4 7d7 ,contents ,the report under subsection 7c7 shall include-- 7#a7 a description of the ,coast ,guard's progress toward each strategic objective2 7#b7 plans to provide communications throughout the entire ,coastal ,western ,alaska ,captain of the ,port zone to improve waterway safety and mitigate close calls1 collisions1 and other dangerous interactions between the shipping industry and subsistence hunters2 7#c7 plans to prevent marine casualties1 when possible1 by ensuring vessels avoid environmentally sensitive areas and permanent security zones2 7#d7 an explanation of-- 7,a7 whether it is feasible to establish a vessel traffic service1 using existing resources or otherwise2 and 7,b7 whether an ,arctic ,response ,center of ,expertise is necessary to address the gaps in experience1 skills1 equipment1 resources1 training1 and doctrine to prepare1 respond to1 and recover spilled oil in the ,arctic2 7#e7 an assessment of whether sufficient agreements are in place to ensure the ,coast ,guard is receiving the information it needs to carry out its responsibilities2 7#f7 an assessment of the assets and infrastructure necessary to meet the strategic objectives identified in the ,united ,states ,coast ,guard ,arctic ,strategy dated ,may #bjac based on factors such as-- 7,a7 response time2 7,b7 coverage area2 7,c7 endurance on scene2 7,d7 presence2 and 7,e7 deterrence2 and 7#g7 an analysis of ,national ,security ,cutters1 ,offshore ,patrol ,cutters1 and ,fast ,response ,cutters capabilities based on the factors described in subparagraphs 7,a7 through 7,e7 of paragraph 7#f71 both stationed from various ,alaska ports and in other locations4 #djf4 ,fleet requirements assessment and strategy 7a7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating1 in consultation with interested ,federal and non-,federal stakeholders1 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 including-- 7#a7 an assessment of ,coast ,guard at-sea operational fleet requirements to support its statutory missions established in the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq472 and 7#b7 a strategic plan for meeting the requirements identified under paragraph 7#a74 7b7 ,contents ,the report under subsection 7a7 shall include-- 7#a7 an assessment of-- 7,a7 the extent to which the ,coast ,guard at-sea operational fleet requirements are currently being met2 7,b7 the ,coast ,guard's current fleet1 its operational lifespan1 and how the aging of the fleet will impact at-sea operational needs2 7,c7 fleet operations and recommended improvements to minimize costs and extend operational vessel life spans2 and 7,d7 actual cutter requirements for the ,fast ,response ,cutter1 the ,offshore ,patrol ,cutter1 and the ,national ,security ,cutter to meet at-sea operational needs as compared to planned acquisitions under the current programs of record2 7#b7 an analysis of-- 7,a7 how the ,coast ,guard at-sea operational fleet requirements are currently met1 including the use of the ,coast ,guard's current cutter fleet1 agreements with partners1 chartered vessels1 and unmanned vehicle technology2 and 7,b7 how existing and planned cutter programs of record meet the at-sea operational requirements1 including the ,fast ,response ,cutter1 the ,offshore ,patrol ,cutter1 and the ,national ,security ,cutter2 and 7#c7 a description of-- 7,a7 planned manned and unmanned vessel acquisition2 and 7,b7 how such acquisitions will change the extent to which the ,coast ,guard at-sea operational requirements are met4 7c7 ,consultation and transparency 7#a7 ,consultation ,in consulting with the ,federal and non-,federal stakeholders under subsection 7a71 the ,secretary of the department in which the ,coast ,guard is operating shall-- 7,a7 provide the stakeholders with opportunities for input-- 7i7 prior to initially drafting the report1 including the assessment and strategic plan2 and 7ii7 not later than #c months prior to finalizing the report1 including the assessment and strategic plan1 for submission2 and 7,b7 document the input and its disposition in the report4 7#b7 ,transparency ,all input provided under paragraph 7#a7 shall be made available to the public4 #djg4 ,comptroller ,general report on certain task forces 7a7 ,findings ,congress finds that the ,joint ,interagency ,task ,force ,south 7referred to in this section as the ,,jiatf-,south7 is an exemplary program that executes its counter-narcotics mission with distinction and in a cost-effective manner4 7b7 ,study ,the ,comptroller ,general of the ,united ,states shall study each of the following task forces and compare the execution of the task force's counter-narcotics and illegal migrant operation to that of the ,,jiatf-,south3 7#a7 ,the ,joint ,interagency ,task ,force ,west 7referred to in this section as the ,,jiatf-,west74 7#b7 ,the ,department of ,homeland ,security's ,joint ,task ,forces 7referred to in this section as the ,,dhs-,,jtf74 7c7 ,contents ,in conducting the study under subsection 7b71 the ,comptroller ,general shall1 at a minimum-- 7#a7 review the ,,jiatf-,west ,counternarcotics ,operations ,center and its performance of its mission to support counter-narcotics missions by ,united ,states law enforcement agencies2 7#b7 compare the ,,jiatf-,west1 ,,dhs-,j,t,fs1 and ,,jiatf-,south organizational and manning structure2 7#c7 assess the ,,jiatf-,west's current organizational and manning structure as it relates to ,,jiatf-,west's ability to conduct counter-narcotics missions2 7#d7 review the ,,jiatf-,west's ,december #bjae-,may #bjag reorganization initiative and its impact1 if any1 on improving mission performance2 7#e7 review the ,,jiatf-,west's leadership1 including an assessment of-- 7,a7 the role of a ,coast ,guard flag officer as the director as compared to the ,coast ,guard's role in ,,jiaft-,south2 and 7,b7 the process used by the ,,jiatf-,west for developing and implementing its ,december #bjae-,may #bjag reorganization initiative1 including how it assessed progress and solicited feedback on the initiative2 7,c7 its general management and personnel practices1 and their impact1 if any1 on mission performance2 7#f7 include recommendations for improving the ,,jiatf-,west's performance2 and 7#g7 review whether there is any redundancy between ,,dhs-,,jtf and ,,jiatf-,south or ,,jiatf-,west4 7d7 ,report ,the ,comptroller ,general 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 findings of the study under subsection 7b71 including any recommendations for improving the counter-narcotics and illegal migrant operations of the ,,jiatf-,west or ,,dhs-,,jtf4 ,v ,miscellaneous #eja4 ,ship shoal lighthouse transfer2 repeal ,section #bg of the ,coast ,guard ,authorization ,act of #aiia 7,public ,law #ajb-bda2 #aje ,stat4 #bbah7 is repealed4 #ejb4 ,acquisition workforce expedited hiring authority 7a7 ,expedited hiring authority 7#a7 ,in general ,chapter #ae of title #ad1 ,united ,states ,code1 is amended by inserting after section #efc the following3 #efc;a4 ,acquisition workforce expedited hiring authority ,for purposes of section #ccjd of title #e1 the ,commandant of the ,coast ,guard may-- 7#a7 designate any category of acquisition positions within the ,coast ,guard as shortage category positions2 and 7#b7 use the authorities in such section to recruit and appoint highly qualified persons directly to positions so designated4 4 7#b7 ,table of contents ,the table of contents of chapter #ae of title #ad1 ,united ,states ,code1 is amended by inserting after the item relating to section #efc the following3 #efc;a4 ,acquisition workforce expedited hiring authority4 4 7#c7 ,repeal ,section #djd of the ,coast ,guard ,authorization ,act of #bjaj 7,public ,law #aaa-bha2 #abd ,stat4 #biej7 is repealed4 7b7 ,acquisition workforce reemployment authority 7#a7 ,in general ,chapter #ae of title #ad1 as amended by subsection 7a7 of this section1 is further amended by inserting after section #efc;a the following3 #efc;b4 ,acquisition workforce reemployment authority 7a7 ,in general ,except as provided in subsection 7b71 if an annuitant receiving an annuity from the ,civil ,service ,retirement and ,disability ,fund becomes employed in any category of acquisition positions designated by the ,commandant of the ,coast ,guard under section #efc;a of this title1 the annuity of an annuitant so employed shall continue4 ,an annuitant so reemployed shall not be considered an employee for purposes of subchapter ,,iii of chapter #hc or chapter #hd of title #e4 7b7 7#a7 ,election ,an annuitant retired under section #hccf7;d77#a7 or #hdad7;b77#a77;,a7 of title #e1 receiving an annuity from the ,civil ,service ,retirement and ,disability ,fund1 who becomes employed in a position within the ,coast ,guard after the date of enactment of the ,coast ,guard ,authorization ,act of #bjag1 may elect to be subject to section #hcdd or #hdfh of such title 7as the case may be74 7,a7 ,deadline ,an election for coverage under this subsection shall be filed not later than #ij days after the ,commandant takes reasonable actions to notify employees who may file an election4 7,b7 ,coverage ,if an employee files an election under this subsection1 coverage shall be effective beginning on the first day of the first applicable pay period beginning on or after the date of the filing of the election4 7#b7 ,application ,paragraph 7#a7 shall apply to an individual who is eligible to file an election under paragraph 7#a7 and does not file a timely election under this subsection4 4 7#b7 ,table of contents ,the table of contents of chapter #ae of title #ad1 ,united ,states ,code1 as amended in subsection 7a7 of this section1 is further amended by inserting after the item relating to section #efc;a the following3 #efc;b4 ,acquisition workforce reemployment authority4 4 #ejc4 ,drawbridges 7a7 ,purposes ,the purposes of this section are-- 7#a7 to ensure the public is made aware of any temporary change to a drawbridge operating schedule2 and 7#b7 to ensure the operators are maintaining logs of drawbridge movement4 7b7 ,temporary changes to drawbridge operating schedules ,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-- 7d7 ,temporary changes to drawbridge operating schedules ,notwithstanding section #eec of title #e1 ,united ,states ,code1 whenever a temporary change to the operating schedule of a drawbridge1 lasting #ahj days or less-- 7#a7 is approved-- 7,a7 the ,secretary of the department in which the ,coast ,guard is operating shall-- 7i7 issue a deviation approval letter to the bridge owner2 and 7ii7 announce the temporary change in-- 7,i7 the ,local ,notice to ,mariners2 7,,ii7 broadcast notices to mariners through the ,coast ,guard radio station or ,navy radio station1 or both2 or 7,,iii7 such other local media as the ,secretary considers appropriate2 and 7,b7 the bridge owner1 except a railroad bridge owner1 shall notify-- 7i7 the public by publishing notice of the temporary change in a newspaper of general circulation published in the place where the bridge is located2 7ii7 the department1 agency1 or office of transportation with jurisdiction over the roadway that abuts the approaches to the bridge2 and 7iii7 the law enforcement organization with jurisdiction over the roadway that abuts the approaches to the bridge2 or 7#b7 is denied1 the ,secretary of the department in which the ,coast ,guard is operating shall-- 7,a7 not later than #aj days after the date of receipt of the request1 provide the bridge owner in writing the reasons for the denial1 including any supporting data and evidence used to make the determination2 and 7,b7 provide the bridge owner a reasonable opportunity to address each reason for the denial and resubmit the request4 7e7 ,drawbridge movements ,the ,secretary of the department in which the ,coast ,guard is operating-- 7#a7 shall require a drawbridge operator to record each movement of the drawbridge in a log2 7#b7 may inspect the log to ensure drawbridge movement is in accordance with the posted operating schedule2 7#c7 shall review whether deviations from the posted operating schedule are impairing vehicular and pedestrian traffic2 and 7#d7 may determine if the operating schedule should be adjusted for efficiency of maritime or vehicular and pedestrian traffic4 4 #ejd4 ,incentive contract2 ,coast ,guard yard and industrial establishments 7a7 ,in general ,whenever the parties to a project order for industrial work to be performed by the ,coast ,guard ,yard or a designated ,coast ,guard industrial establishment agree that delivery or technical performance of the wage-grade industrial employees may1 during the term of such project order1 improve1 the parties to such project order may1 notwithstanding any other provision of law1 including any provision of law that provides for the time or purpose of appropriated funds1 enter into an incentive project order or a cost-plus-incentive-fee project order by which an agreed upon amount of the adjustment to be made pursuant to section #fdh7;a7 of title #ad1 ,united ,states ,code1 may1 notwithstanding that provision of law or any other provision of law1 be distributed as an incentive to the wage-grade industrial employees who completed the project order4 7b7 ,condition ,before entering into an incentive project order or a cost-plus-incentive-fee project order1 the commanding officer of the ,coast ,guard ,yard or the commanding officer of the ,coast ,guard industrial establishment1 as the case may be1 shall complete a determination and finding for such incentive project order or cost-plus-incentive-fee project order that justifies the use of such project order as in the best interest of the ,federal ,government4 7c7 ,treatment of incentive award ,notwithstanding any other provision of law1 in the event that the industrial workforce of the ,coast ,guard ,yard or a ,coast ,guard industrial establishment satisfies the performance target set out in an incentive project order or a cost-plus-incentive-fee project order-- 7#a7 the adjustment to be made pursuant to section #fdh7;a7 of title #ad1 ,united ,states ,code1 shall1 notwithstanding that provision of law1 be reduced by the agreed amount and distributed as an incentive to such wage-grade industrial employees2 and 7#b7 the remainder of the adjustment shall be credited to the appropriation current at that time4 #eje4 ,coast ,guard health-care professionals2 licensure portability 7a7 ,in general ,section #ajid7;d77#a7 of title #aj1 ,united ,states ,code1 shall apply in the same manner and to the same degree as such section applies to a health-care professional described in subsection 7d77#b7 of that section to a health-care professional described in subsection 7b7 of this section4 7b7 ,health-care professional ,a health-care professional described in this subsection is a member of the ,coast ,guard1 civilian employee of the ,coast ,guard1 member of the ,public ,health ,service assigned to the ,coast ,guard1 personal services contractor under section #ajia of title #aj1 ,united ,states ,code1 or other health-care professional credentialed and privileged at a ,federal health care institution or location specially designated by the ,secretary of the department in which the ,coast ,guard is operating for this purpose who-- 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 #ejf4 ,land exchange2 ,ayakulik ,island1 ,alaska 7a7 ,land exchange2 ,ayakulik ,island1 ,alaska ,if the owner of ,ayakulik ,island1 ,alaska1 offers to exchange the ,island for the ,tract-- 7#a7 within #aj days after receiving such offer1 the ,secretary shall provide notice of the offer to the ,commandant2 7#b7 within #ij 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 #a 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 7#c7 within #ij 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 title1 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 title1 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 7#a7 ,in general ,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 7#b7 ,exemption ,notwithstanding paragraph 7#a71 the ,coast ,guard shall be exempt from liability under 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 ,march #bb1 #bjag4 #ejg4 ,abandoned seafarers fund amendments ,section #aaaac of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b71 by striking may be appropriated to the ,secretary in the matter before subparagraph 7,a7 and inserting shall be available to the ,secretary without further appropriation1 and shall remain available until expended12 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by inserting plus a surcharge of #be percent of such total amount1 after seafarer1 in the matter preceding subparagraph 7,a72 and 7,b7 by striking paragraph 7#d74 #ejh4 ,small shipyard contracts 7a7 ,in general ,chapter #ag of title #ad1 ,united ,states ,code1 is amended by inserting after section #ffg the following3 #ffg;a4 ,construction of ,coast ,guard vessels and assignment of vessel projects ,the assignment of ,coast ,guard vessel conversion1 alteration1 and repair projects shall be based on economic and military considerations and may not be restricted by a requirement that certain parts of ,coast ,guard shipwork be assigned to a particular type of shipyard or geographical area or by a similar requirement4 4 7b7 ,table of contents ,the table of contents of chapter #ag of title #ad1 ,united ,states ,code1 is amended by inserting after the item relating to section #ffg the following3 #ffg;a4 ,construction of ,coast ,guard vessels and assignment of vessel projects4 4 #eji4 ,western challenger2 certificate of documentation ,section #fjd7;b7 of the ,howard ,coble ,coast ,guard and ,maritime ,transportation ,act of #bjad 7,public ,law #aac-bha2 #abh ,stat4 #cjfb7 is amended by inserting and a fisheries endorsement after endorsement4 #eaj4 ,radar refresher training ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall prescribe a final rule eliminating the requirement that a mariner complete an approved refresher or recertification course to maintain a radar observer endorsement4 ,this rulemaking shall be exempt from the notice and comment requirements of section #eec of title #e1 ,united ,states ,code4 #eaa4 ,vessel response plan audit 7a7 ,requirement for audit ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall complete and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives an audit of the verification and approval process of the ,coast ,guard for vessel response plans required under section #caa of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba74 7b7 ,review and recommendations ,the audit required by subsection 7a7 shall-- 7#a7 review and make recommendations regarding the verification and approval process of the ,coast ,guard for vessel response plans required under section #caa of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7 for-- 7,a7 the current ,coast ,guard staffing model and organization used for such process2 7,b7 the amount of time expended by the ,coast ,guard verifying and approving such vessel response plans2 and 7,c7 the amount of time expended by the ,coast ,guard for verification and approval of a single such vessel response plan2 and 7#b7 include a detailed analysis of-- 7,a7 such process beginning with initial submission from the vessel through final approval2 7,b7 how such process ensures compliance with applicable statutes and regulations2 7,c7 the role of local and regional ,coast ,guard units in such process2 7,d7 any public comment or other forms of engagement with regional stakeholders1 including ,state governments and ,indian tribes2 7,e7 any engagement or utilization of ,federal or ,state agency resources and consultation1 including weather data systems1 oil spill trajectory modeling1 or risk management information for the purposes of reviewing vessel response plans2 7,f7 how the ,coast ,guard verifies availability and contractual obligation of resources required in a such a vessel response plan2 7,g7 the resources available and used by the ,coast ,guard to verify operational capability and capacity of equipment listed in a vessel response plan for the applicable operating environment2 7,h7 how the ,coast ,guard verifies alternate measures when a vessel cannot meet the ,national ,planning ,criteria2 7,i7 the weather data1 modeling software1 and information systems available and used by the ,coast ,guard when determining compliance for response resource mobilization times stipulated in regulation2 7,j7 how the ,coast ,guard factors in regional specific adverse weather1 as defined in section #aee4ajbj of title #cc1 ,code of ,federal ,regulations1 in determining compliance for response resource mobilization times stipulated in regulation2 7,k7 how the ,coast ,guard reviews and verifies previously approved vessel response plans for compliance when there is a change in statute or regulation which effects response planning criteria or resource mobilization times2 7,l7 the ,coast ,guard process for calculating compliance for response resource mobilization times stipulated in statute and regulation2 7,m7 how the ,coast ,guard verifies availability and compliance with response resource mobilization requirements for different geographic regions2 7,n7 how the ,coast ,guard ensures vessel response plans are adapted and updated to account for new regional response needs1 such as regional trends of transportation of heavy oils and volume of traffic2 7,o7 the ,coast ,guard processes and actions taken if an approved vessel response plan is discovered to be noncompliant2 7,p7 how such process could be improved2 and 7,q7 the resources needed to improve such process4 #eab4 ,center of ,expertise for ,great ,lakes ,oil ,spill ,research and ,response 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard shall establish a ,center of ,expertise for ,great ,lakes ,oil ,spill ,preparedness and ,response 7referred to in this section as the ,center of ,expertise7 in accordance with section #eh of title #ad1 ,united ,states ,code4 7b7 ,location ,the ,center of ,expertise shall be located in close proximity to-- 7#a7 critical crude oil transportation infrastructure on and connecting the ,great ,lakes1 such as submerged pipelines and high-traffic navigation locks2 and 7#b7 an institution of higher education with adequate aquatic research laboratory facilities and capabilities and expertise in ,great ,lakes aquatic ecology1 environmental chemistry1 fish and wildlife1 and water resources4 7c7 ,functions ,the ,center of ,expertise shall-- 7#a7 monitor and assess1 on an ongoing basis1 the current state of knowledge regarding freshwater oil spill response technologies and the behavior and effects of oil spills in the ,great ,lakes2 7#b7 identify any significant gaps in ,great ,lakes oil spill research1 including an assessment of major scientific or technological deficiencies in responses to past spills in the ,great ,lakes and other freshwater bodies1 and seek to fill those gaps2 7#c7 conduct research1 development1 testing1 and evaluation for freshwater oil spill response equipment1 technologies1 and techniques to mitigate and respond to oil spills in the ,great ,lakes2 7#d7 educate and train ,federal1 ,state1 and local first responders located in ,united ,states ,coast ,guard ,district #i in-- 7,a7 the incident command system structure2 7,b7 ,great ,lakes oil spill response techniques and strategies2 and 7,c7 public affairs2 and 7#e7 work with academic and private sector response training centers to develop and standardize maritime oil spill response training and techniques for use on the ,great ,lakes4 7d7 ,definition ,in this section1 the term ,great ,lakes means ,lake ,superior1 ,lake ,michigan1 ,lake ,huron1 ,lake ,erie1 and ,lake ,ontario4 ,,vi ,department of ,commerce vessels #fja4 ,waivers for certain contracts ,section #cacd of title #dj1 ,united ,states ,code1 is amended-- 7#a7 by inserting ,secretary of ,homeland ,security1 after ,air ,force1 each place it appears2 and 7#b7 by adding at the end the following3 7c7 ,commerce ,the ,secretary of ,commerce may waive this subchapter with respect to contracts for the construction1 alteration1 or repair of vessels1 regardless of the terms of the contracts as to payment or title1 when the contract is made under the ,act entitled ,an ,act to define the functions and duties of the ,coast and ,geodetic ,survey1 and for other purposes1 approved ,august #f1 #aidg 7#cc ,u4,s4,c4 #hhc;a et seq474 4 ,,vii ,federal ,maritime ,commission ,authorization ,act of #bjag #gja4 ,short title ,this title may be cited as the ,federal ,maritime ,commission ,authorization ,act of #bjag4 #gjb4 ,authorization of appropriations ,section #cjh of title #df1 ,united ,states ,code1 is amended by striking #bd1gjj1jjj for each of fiscal years #bjaf and #bjag and inserting #bh1dij1jjj for each of fiscal years #bjah and #bjai4 #gjc4 ,record of meetings and votes 7a7 ,in general ,section #cjc of title #df1 ,united ,states ,code1 is amended to read as follows3 #cjc4 ,meetings 7a7 ,in general ,the ,federal ,maritime ,commission shall be deemed to be an agency for purposes of section #eeb;b of title #e4 7b7 ,record ,the ,commission1 through its secretary1 shall keep a record of its meetings and the votes taken on any action1 order1 contract1 or financial transaction of the ,commission4 7c7 ,nonpublic collaborative discussions 7#a7 ,in general ,notwithstanding section #eeb;b of title #e1 a majority of the ,commissioners may hold a meeting that is not open to public observation to discuss official agency business if-- 7,a7 no formal or informal vote or other official agency action is taken at the meeting2 7,b7 each individual present at the meeting is a ,commissioner or an employee of the ,commission2 and 7,c7 the ,general ,counsel of the ,commission is present at the meeting4 7#b7 ,disclosure of nonpublic collaborative discussions ,except as provided under paragraph 7#c71 not later than #b business days after the conclusion of a meeting under paragraph 7#a71 the ,commission shall make available to the public1 in a place easily accessible to the public-- 7,a7 a list of the individuals present at the meeting2 and 7,b7 a summary of the matters discussed at the meeting1 except for any matters the ,commission properly determines may be withheld from the public under section #eeb;b7c7 of title #e4 7#c7 ,exception ,if the ,commission properly determines matters may be withheld from the public under section #eee;b7c7 of title #e1 the ,commission shall provide a summary with as much general information as possible on those matters withheld from the public4 7#d7 ,ongoing proceedings ,if a meeting under paragraph 7#a7 directly relates to an ongoing proceeding before the ,commission1 the ,commission shall make the disclosure under paragraph 7#b7 on the date of the final ,commission decision4 7#e7 ,preservation of open meetings requirements for agency action ,nothing in this subsection may be construed to limit the applicability of section #eeb;b of title #e with respect to a meeting of the ,commissioners other than that described in this subsection4 7#f7 ,statutory construction ,nothing in this subsection may be construed-- 7,a7 to limit the applicability of section #eeb;b of title #e with respect to any information which is proposed to be withheld from the public under paragraph 7#b77;,b7 of this subsection2 or 7,b7 to authorize the ,commission to withhold from any individual any record that is accessible to that individual under section #eeb;a of title #e4 4 7b7 ,table of contents ,the table of contents of chapter #c of title #df1 ,united ,states ,code1 is amended by amending the item relating to section #cjc to read as follows3 #cjc4 ,meetings4 4 #gjd4 ,public participation 7a7 ,notice of filing ,section #djcjd7;a7 of title #df1 ,united ,states ,code1 is amended to read as follows3 7a7 ,notice of filing ,not later than #g days after the date an agreement is filed1 the ,federal ,maritime ,commission shall-- 7#a7 transmit a notice of the filing to the ,federal ,register for publication2 and 7#b7 request interested persons to submit relevant information and documents4 4 7b7 ,request for information and documents ,section #djcjd7;d7 of title #df1 ,united ,states ,code1 is amended by striking section and inserting part4 7c7 ,saving clause ,nothing in this section1 or the amendments made by this section1 may be construed-- 7#a7 to prevent the ,federal ,maritime ,commission from requesting from a person1 at any time1 any additional information or documents the ,commission considers necessary to carry out chapter #djc of title #df1 ,united ,states ,code2 7#b7 to prescribe a specific deadline for the submission of relevant information and documents in response to a request under section #djcjd7;a77#b7 of title #df1 ,united ,states ,code2 or 7#c7 to limit the authority of the ,commission to request information under section #djcjd7;d7 of title #df1 ,united ,states ,code4 #gje4 ,preventing deceptive practices 7a7 ,license requirement ,section #djija7;a7 of title #df1 ,united ,states ,code1 is amended1 in the first sentence1 by striking act and inserting act1 including holding itself out by solicitation1 advertisement1 or otherwise14 7b7 ,financial responsibility ,section #djijb7;a7 of title #df1 ,united ,states ,code1 is amended1 in the language preceding paragraph 7#a71 by striking act and inserting act1 including holding itself out by solicitation1 advertisement1 or otherwise14 #gjf4 ,reports filed with the ,commission ,section #djajd7;a7 of title #df1 ,united ,states ,code1 is amended to read as follows3 7a7 ,reports 7#a7 ,in general ,the ,federal ,maritime ,commission may require a common carrier or marine terminal operator1 or an officer1 receiver1 trustee1 lessee1 agent1 or employee of the common carrier or marine terminal operator to file with the ,commission a periodical or special report1 an account1 record1 rate1 or charge1 or a memorandum of facts and transactions related to the business of the common carrier or marine terminal operator1 as applicable4 7#b7 ,requirements ,the report1 account1 record1 rate1 charge1 or memorandum shall-- 7,a7 be made under oath if the ,commission requires2 and 7,b7 be filed in the form and within the time prescribed by the ,commission4 4 #gjg4 ,transparency 7a7 ,in general ,beginning not later than #fj days after the date of enactment of this ,act1 the ,federal ,maritime ,commission 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 biannual reports that describe the ,commission's progress toward addressing the issues raised in each unfinished regulatory proceeding1 regardless of whether the proceeding is subject to a statutory or regulatory deadline4 7b7 ,format of reports ,each report under subsection 7a7 shall1 among other things1 clearly identify for each unfinished regulatory proceeding-- 7#a7 the popular title2 7#b7 the current stage of the proceeding2 7#c7 an abstract of the proceeding2 7#d7 what prompted the action in question2 7#e7 any applicable statutory1 regulatory1 or judicial deadline2 7#f7 the associated docket number2 7#g7 the date the rulemaking was initiated2 7#h7 a date for the next action2 and 7#i7 if a date for next action identified in the previous report is not met1 the reason for the delay4 #gjh4 ,treatment of tug operators 7a7 ,exceptions ,section #djcjg7;b77#a7 of title #df1 ,united ,states ,code1 is amended by inserting tug operators1 after motor carriers14 7b7 ,concerted action ,section #daaje7d7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking non-ocean carrier and inserting tug operator1 non-ocean carrier12 and 7#b7 by inserting tug operators or after ,states by those4 #gji4 ,prohibitions and penalties ,section #daajd7aa7 of title #df1 ,united ,states ,code1 is amended by striking a tariff as required by section #djeja of this title and4 ,,viii ,vessel ,incidental ,discharge ,act #hja4 ,short title ,this title may be cited as the ,vessel ,incidental ,discharge ,act4 #hjb4 ,definitions ,in this title3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,aquatic nuisance species ,the term aquatic nuisance species means a nonindigenous species 7including a pathogen7 that threatens the diversity or abundance of native species or the ecological stability of navigable waters of the ,united ,states1 or commercial1 agricultural1 aquacultural1 or recreational activities dependent on such waters4 7#c7 ,ballast water ,the term ballast water means any water and suspended matter taken on board a commercial vessel to control or maintain trim1 draught1 stability1 or stresses of the commercial vessel1 regardless of how it is carried4 7#d7 ,ballast water discharge standard ,the term ballast water discharge standard means the numerical ballast water discharge standard set forth in section #aea4bjcj of title #cc1 ,code of ,federal ,regulations1 or section #aea4aeaa of such title1 or a revised numerical ballast water discharge standard established under section #hje1 as applicable4 7#e7 ,ballast water management system ,the term ballast water management system means any system 7including all ballast water treatment equipment and all associated control and monitoring equipment7 that processes ballast water to kill1 render harmless1 or remove organisms4 7#f7 ,commercial vessel 7,a7 ,in general ,the term commercial vessel means a vessel 7as defined in section #c of title #a1 ,united ,states ,code7 that is engaged in commercial service 7as defined in section #baja of title #df1 ,united ,states ,code74 7,b7 ,exclusion ,the term commercial vessel does not include a recreational vessel4 7#g7 ,discharge incidental to the normal operation of a commercial vessel 7,a7 ,in general ,the term discharge incidental to the normal operation of a commercial vessel means-- 7i7 a discharge into navigable waters of the ,united ,states from a commercial vessel of-- 7,i7 7aa7 graywater1 bilge water1 cooling water1 oil water separator effluent1 anti-fouling hull coating leachate1 boiler or economizer blowdown1 byproducts from cathodic protection1 controllable pitch propeller and thruster hydraulic fluid1 distillation and reverse osmosis brine1 elevator pit effluent1 firemain system effluent1 freshwater layup effluent1 gas turbine wash water1 motor gasoline and compensating effluent1 refrigeration and air condensate effluent1 seawater piping biofouling prevention substances1 boat engine wet exhaust1 sonar dome effluent1 exhaust gas scrubber washwater1 or stern tube packing gland effluent2 or 7bb7 any other pollutant associated with the operation of a marine propulsion system1 shipboard maneuvering system1 habitability system1 or installed major equipment1 or from a protective1 preservative1 or absorptive application to the hull of a commercial vessel2 7,,ii7 deck runoff1 deck washdown1 above the waterline hull cleaning effluent1 aqueous film forming foam effluent1 chain locker effluent1 non-oily machinery wastewater1 underwater ship husbandry effluent1 welldeck effluent1 or fish hold and fish hold cleaning effluent2 or 7,,iii7 any effluent from a properly functioning marine engine2 or 7ii7 a discharge of a pollutant into navigable waters of the ,united ,states in connection with the testing1 maintenance1 or repair of a system1 equipment1 or engine described in subclause 7,i77bb7 or 7,,iii7 of clause 7i7 whenever the commercial vessel is waterborne4 7,b7 ,exclusions ,the term discharge incidental to the normal operation of a commercial vessel does not include-- 7i7 a discharge into navigable waters of the ,united ,states from a commercial vessel of-- 7,i7 ballast water2 7,,ii7 rubbish1 trash1 garbage1 incinerator ash1 or other such material discharged overboard2 7,,iii7 oil or a hazardous substance 7as such terms are defined in section #caa of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba772 or 7,,iv7 sewage 7as defined in section #cab7;a77#f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbb7;a77#f7772 or 7ii7 any emission of an air pollutant resulting from the operation onboard a commercial vessel of a commercial vessel propulsion system1 motor driven equipment1 or incinerator2 or 7iii7 any discharge into navigable waters of the ,united ,states from a commercial vessel when the commercial vessel is operating in a capacity other than as a means of transportation on water4 7#h7 ,general permit ,the term ,general ,permit means the ,final ,national ,pollutant ,discharge ,elimination ,system ,vessel ,general ,permit for ,discharges ,incidental to the ,normal ,operation of a ,vessel noticed in the ,federal ,register on ,april #ab1 #bjac 7#gh ,fed4 ,reg4 #baich74 7#i7 ,geographically limited area ,the term geographically limited area means an area-- 7,a7 with a physical limitation that prevents a commercial vessel from operating outside the area1 such as the ,great ,lakes and ,saint ,lawrence ,river1 as determined by the ,secretary2 or 7,b7 that is ecologically homogeneous1 as determined by the ,secretary in consultation with the heads of other ,federal departments or agencies the ,secretary considers appropriate4 7#aj7 ,major conversion ,the term major conversion has the meaning given such term in section #baja7ad;a7 of title #df1 ,united ,states ,code4 7#aa7 ,navigable waters of the united states ,the term navigable waters of the ,united ,states has the meaning given such term in section #baja7ag;a7 of title #df1 ,united ,states ,code4 7#ab7 ,owner or operator ,the term owner or operator means a person owning1 operating1 or chartering by demise a commercial vessel4 7#ac7 ,pollutant ,the term pollutant has the meaning given such term in section #ejb7f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb7f774 7#ad7 ,recreational vessel ,the term recreational vessel has the meaning given such term in section #baja7be7 of title #df1 ,united ,states ,code4 7#ae7 ,secretary ,the term ,secretary means the ,secretary of the department in which the ,coast ,guard is operating4 #hjc4 ,existing ballast water regulations 7a7 ,effect on existing regulations ,any regulation issued pursuant to the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij that is in effect on the date immediately preceding the effective date of this title1 and that relates to a matter subject to regulation under this title1 shall remain in full force and effect unless or until superseded by a new regulation issued under this title relating to such matter4 7b7 ,application of other regulations ,the regulations issued pursuant to the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgja et seq47 relating to sanctions for violating a regulation under that ,act shall apply to violations of a regulation issued under this title4 #hjd4 ,ballast water discharge requirements 7a7 ,in general 7#a7 ,requirements ,except as provided in paragraph 7#c71 and subject to sections #aea4bjce and #aea4bjcf of title #cc1 ,code of ,federal ,regulations 7as in effect on the date of the enactment of this ,act71 an owner or operator may discharge ballast water into navigable waters of the ,united ,states from a commercial vessel covered under subsection 7b7 only if-- 7,a7 by applying the best available technology economically achievable1 the discharge meets the ballast water discharge standard2 and 7,b7 the owner or operator discharges the ballast water in accordance with other requirements established by the ,secretary4 7#b7 ,commercial vessels entering the great lakes system and hudson river ,if a commercial vessel enters the ,great ,lakes through the ,saint ,lawrence ,river or the ,hudson ,river north of the ,george ,washington ,bridge after operating outside the exclusive economic zone of the ,united ,states or ,canada1 the owner or operator shall-- 7,a7 comply with the requirements of-- 7i7 paragraph 7#a72 7ii7 subpart ,c of part #aea of title #cc1 ,code of ,federal ,regulations2 and 7iii7 section #dja4cj of such title2 and 7,b7 conduct a complete ballast water exchange in an area that is #bjj nautical miles or more from any shore before the owner or operator may discharge ballast water while operating in the ,saint ,lawrence ,river or the ,great ,lakes1 subject to any requirements the ,secretary determines necessary with regard to such exchange1 or any ballast water management system that is to be used in conjunction with such exchange1 to ensure that any discharge of ballast water complies with the requirements under paragraph 7#a74 7#c7 ,safety exemption ,notwithstanding paragraphs 7#a7 and 7#b71 an owner or operator may discharge any ballast water into navigable waters of the ,united ,states from a commercial vessel if-- 7,a7 the ballast water is discharged solely to ensure the safety of life at sea2 7,b7 the ballast water is discharged accidentally as the result of damage to the commercial vessel or its equipment and-- 7i7 all reasonable precautions to prevent or minimize the discharge have been taken2 and 7ii7 the owner or operator did not willfully or recklessly cause such damage2 or 7,c7 the ballast water is discharged solely for the purpose of avoiding or minimizing a discharge from the commercial vessel of a pollutant that would violate an applicable ,federal or ,state law4 7#d7 ,limitation on requirements ,in establishing requirements under this subsection1 the ,secretary may not require the installation of a ballast water management system on a commercial vessel that-- 7,a7 carries all of its ballast water in sealed tanks that are not subject to discharge2 or 7,b7 discharges ballast water solely into a reception facility described in section #hjg4 7b7 ,applicability 7#a7 ,covered vessels ,except as provided in paragraph 7#b71 subsection 7a7 shall apply to any commercial vessel that is designed1 constructed1 or adapted to carry ballast water while such commercial vessel is operating in navigable waters of the ,united ,states4 7#b7 ,exempted vessels ,subsection 7a7 shall not apply to a commercial vessel-- 7,a7 that continuously takes on and discharges ballast water in a flow-through system1 if such system does not introduce aquatic nuisance species into navigable waters of the ,united ,states1 as determined by the ,secretary2 7,b7 that operates exclusively within a geographically limited area2 7,c7 that operates pursuant to a geographic restriction issued as a condition under section #ccji of title #df1 ,united ,states ,code1 or an equivalent restriction issued by the country of registration of the commercial vessel2 7,d7 in the ,national ,defense ,reserve ,fleet that is scheduled to be disposed of through scrapping or sinking2 7,e7 that discharges ballast water consisting solely of water taken aboard from a public or commercial source that1 at the time the water is taken aboard1 meets the applicable regulations or permit requirements for such source under the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 or 7,f7 in an alternative compliance program established pursuant to section #hjf4 7c7 ,type approval of ballast water management systems that render ballast water organisms incapable of reproduction 7#a7 ,in general ,notwithstanding chapter #e of title #e1 ,united ,states ,code1 part #aea of title #cc1 ,code of ,federal ,regulations1 and part #afb of title #df1 ,code of ,federal ,regulations1 a ballast water management system that renders organisms in ballast water incapable of reproduction at the concentrations prescribed in the ballast water discharge standard shall be type approved by the ,secretary1 if-- 7,a7 such system-- 7i7 undergoes type approval testing at an independent laboratory designated by the ,secretary under such regulations2 and 7ii7 meets the requirements of subpart #afb4jfj of title #df1 ,code of ,federal ,regulations1 other than the requirements related to staining methods or measuring the concentration of living organisms2 and 7,b7 such laboratory uses a type approval testing method described in a final policy letter published under paragraph 7#b74 7#b7 ,type approval testing methods 7,a7 ,draft policy ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall publish a draft policy letter describing type approval testing methods capable of measuring the concentration of organisms in ballast water that are capable of reproduction4 7,b7 ,public comment ,the ,secretary shall provide for a period of not more than #fj days for the public to comment on the draft policy letter published under paragraph 7#a74 7,c7 ,final policy ,not later than #aej days after the date of the enactment of this ,act1 the ,secretary shall publish a final policy letter describing type approval testing methods capable of measuring the concentration of organisms in ballast water that are capable of reproduction4 7,d7 ,revisions ,the ,secretary shall revise such policy letter as additional testing methods are determined by the ,secretary to be capable of measuring the concentration of organisms in ballast water that are capable of reproduction4 7,e7 ,considerations ,in developing a policy letter under this paragraph1 the ,secretary-- 7i7 shall consider a type approval testing method that uses organism grow out and most probable number statistical analysis to determine the concentration of organisms in ballast water that are capable of reproduction2 and 7ii7 shall not consider a type approval testing method that relies on a staining method that measures the concentration of organisms greater than or equal to #aj micrometers and organisms less than or equal to #ej micrometers4 #hje4 ,review of ballast water discharge standard 7a7 ,effectiveness review 7#a7 ,in general ,the ,secretary shall conduct reviews in accordance with this section to determine whether revising the ballast water discharge standard based on the application of the best available technology economically achievable would result in a reduction in the risk of the introduction or establishment of aquatic nuisance species4 7#b7 ,required reviews ,not later than ,january #a1 #bjbb1 and every #aj years thereafter1 the ,secretary1 in consultation with the ,administrator1 shall complete a review under paragraph 7#a74 7#c7 ,state petitions for review 7,a7 ,in general ,the ,governor of a ,state may submit a petition requesting the ,secretary to conduct a review under paragraph 7#a7 if there is significant new information that could reasonably indicate the ballast water discharge standard could be revised to result in a reduction in the risk of the introduction or establishment of aquatic nuisance species4 7,b7 ,timing ,a ,governor may not submit a petition under subparagraph 7,a7 during the #a-year period following the date of completion of a review under paragraph 7#a74 7,c7 ,required information ,a petition submitted to the ,secretary under subparagraph 7,a7 shall include-- 7i7 a proposed ballast water discharge standard that would result in a reduction in the risk of the introduction or establishment of aquatic nuisance species2 7ii7 information regarding any ballast water management systems that may achieve the proposed ballast water discharge standard2 7iii7 the scientific and technical information on which the petition is based1 including a description of the risk reduction that would result from the proposed ballast water discharge standard included under clause 7i72 and 7iv7 any additional information the ,secretary considers appropriate4 7,d7 ,public availability ,upon receiving a petition under subparagraph 7,a71 the ,secretary shall make publicly available a copy of the petition1 including the information included under subparagraph 7,c74 7,e7 ,treatment of more than one petition as a single petition ,the ,secretary may treat more than one petition submitted under subparagraph 7,a7 as a single such petition4 7,f7 ,authority to review ,after receiving a petition that meets the requirements of this paragraph1 the ,secretary1 in consultation with the ,administrator1 may conduct a review under paragraph 7#a74 7b7 ,practicability review 7#a7 ,in general ,if the ,secretary determines under subsection 7a7 that revision of the ballast water discharge standard would result in a reduction in the risk of the introduction or establishment of aquatic nuisance species1 the ,secretary1 in consultation with the ,administrator1 shall conduct a practicability review to determine whether-- 7,a7 a ballast water management system that is capable of achieving the ballast water discharge standard as proposed to be revised is economically achievable and operationally practicable2 and 7,b7 testing protocols that can assure accurate measurement of compliance with the ballast water discharge standard as proposed to be revised can be practicably implemented4 7#b7 ,criteria for practicability review ,in conducting a practicability review under paragraph 7#a71 the ,secretary shall consider-- 7,a7 improvements in the scientific understanding of biological and ecological processes that lead to the introduction or establishment of aquatic nuisance species2 7,b7 improvements in ballast water management systems1 including-- 7i7 the capability of such systems to achieve the ballast water discharge standard as proposed to be revised2 7ii7 the effectiveness and reliability of such systems in the shipboard environment2 7iii7 the compatibility of such systems with the design and operation of a commercial vessel by class1 type1 and size2 7iv7 the commercial availability of such systems2 and 7v7 the safety of such systems2 7,c7 improvements in the capabilities to detect1 quantify1 and assess whether aquatic nuisance species are capable of reproduction under the ballast water discharge standard as proposed to be revised2 7,d7 the impact of ballast water management systems on water quality2 7,e7 the costs1 cost-effectiveness1 and effects of-- 7i7 a revised ballast water discharge standard2 and 7ii7 maintaining the existing ballast water discharge standard2 and 7,f7 other criteria that the ,secretary considers appropriate4 7#c7 ,information from states ,in conducting a practicability review under paragraph 7#a71 the ,secretary shall solicit information from the ,states concerning matters the ,secretary is required to consider under paragraph 7#b74 7c7 ,revised ballast water discharge standard ,the ,secretary shall issue a rule to revise the ballast water discharge standard if the ,secretary1 in consultation with the ,administrator1 determines on the basis of the practicability review under subsection 7b7 that-- 7#a7 a ballast water management system that is capable of achieving the ballast water discharge standard as proposed to be revised is economically achievable and operationally practicable2 and 7#b7 testing protocols that can assure accurate measurement of compliance with the ballast water discharge standard as proposed to be revised can be practicably implemented4 7d7 ,revised ballast water discharge standard effective date and compliance deadline 7#a7 ,in general ,if the ,secretary issues a rule to revise the ballast water discharge standard under subsection 7c71 the ,secretary shall include in such rule-- 7,a7 an effective date for the revised ballast discharge standard that is #c years after the date on which such rule is published in the ,federal ,register2 and 7,b7 for the owner or operator of a commercial vessel that is constructed or completes a major conversion on or after the date that is #c years after the date on which the rule is published in the ,federal ,register1 a deadline to comply with the revised ballast water discharge standard that is the first day on which such commercial vessel operates in navigable waters of the ,united ,states4 7#b7 ,extensions ,the ,secretary shall establish a process for an owner or operator to submit a petition to the ,secretary for an extension of a compliance deadline under paragraph 7#a77;,b74 7#c7 ,factors ,in reviewing a petition under this subsection1 the ,secretary shall consider1 with respect to the ability of an owner or operator to meet a compliance deadline-- 7,a7 whether the ballast water management system to be installed1 if applicable1 is available in sufficient quantities to meet the compliance deadline2 7,b7 whether there is sufficient shipyard or other installation facility capacity2 7,c7 whether there is sufficient availability of engineering and design resources2 7,d7 commercial vessel characteristics1 such as engine room size1 layout1 or a lack of installed piping2 7,e7 electric power generating capacity aboard the commercial vessel2 7,f7 the safety of the commercial vessel and crew2 and 7,g7 any other factor that the ,secretary determines appropriate4 7#d7 ,consideration of petitions 7,a7 ,determinations ,the ,secretary shall approve or deny a petition for an extension of a compliance deadline submitted by an owner or operator under this subsection4 7,b7 ,deadline ,if the ,secretary does not approve or deny a petition referred to in subparagraph 7,a7 on or before the last day of the #ij-;day period beginning on the date of submission of the petition1 the petition shall be deemed approved4 7#e7 ,period of use of installed ballast water management system 7,a7 ,in general ,subject to subparagraph 7,b71 an owner or operator shall be considered to be in compliance with the ballast water discharge standard if-- 7i7 the ballast water management system installed on the commercial vessel complies with the ballast water discharge standard in effect at the time of installation1 notwithstanding any revisions to the ballast water discharge standard occurring after the installation2 7ii7 the owner or operator maintains the ballast water management system in proper working condition1 as determined by the ,secretary2 and 7iii7 the ballast water management system continues to meet the ballast water discharge standard applicable to the commercial vessel at the time of installation1 as determined by the ,secretary4 7,b7 ,limitation ,subparagraph 7,a7 shall cease to apply with respect to a commercial vessel after-- 7i7 the expiration of the service life of the ballast water management system of the commercial vessel1 as determined by the ,secretary2 7ii7 the expiration of the service life of the commercial vessel1 as determined by the ,secretary2 or 7iii7 the completion of a major conversion of the commercial vessel4 #hjf4 ,alternative compliance program ,the ,secretary1 in consultation with the ,administrator1 may issue a rule establishing #a or more compliance programs that may be used by an owner or operator as an alternative to compliance with the requirements of section #hjd7;a7 for a commercial vessel that-- 7#a7 has a maximum ballast water capacity of less than #h cubic meters2 or 7#b7 is less than #c years from the end of the service life of the commercial vessel1 as determined by the ,secretary4 #hjg4 ,reception facilities 7a7 ,in general ,notwithstanding the requirements under section #hjd7;a71 an owner or operator may discharge ballast water into an onshore or offshore facility for the reception of ballast water that meets the standards established by the ,administrator1 in consultation with the ,secretary1 under subsection 7b74 7b7 ,issuance of standards ,not later than #a year after the date of enactment of this ,act1 the ,administrator1 in consultation with the ,secretary1 shall publish a rule in the ,federal ,register that establishes reasonable and practicable standards for reception facilities to mitigate adverse effects of aquatic nuisance species on navigable waters of the ,united ,states4 #hjh4 ,requirements for discharges incidental to the normal operation of a commercial vessel 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,administrator1 shall publish a rule in the ,federal ,register that establishes best management practices for discharges incidental to the normal operation of a commercial vessel for commercial vessels that are-- 7#a7 greater than or equal to #gi feet in length2 and 7#b7 not fishing vessels1 including fish processing vessels and fish tender vessels 7as such terms are defined in section #baja of title #df1 ,united ,states ,code74 7b7 ,transition 7#a7 ,in general ,notwithstanding the expiration date for the ,general ,permit1 any practice1 limitation1 or concentration applicable to any discharge incidental to the normal operation of a commercial vessel that is required by the ,general ,permit on the date of enactment of this ,act1 and any reporting requirement required by the ,general ,permit on such date of enactment1 shall remain in effect until the effective date of a rule issued by the ,secretary under subsection 7a74 7#b7 ,part #f conditions ,notwithstanding paragraph 7#a7 and any other provision of law1 the terms and conditions of ,part #f of the ,general ,permit 7relating to specific requirements for individual ,states or ,indian country lands7 shall expire on the date of enactment of this ,act4 7c7 ,application to certain vessels 7#a7 ,application of federal water pollution control act ,no permit shall be required under section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 or prohibition enforced under any other provision of law for1 nor shall any best management practice regarding a discharge incidental to the normal operation of a commercial vessel under this title apply to1 a discharge incidental to the normal operation of a commercial vessel if the commercial vessel is-- 7,a7 less than #gi feet in length2 or 7,b7 a fishing vessel1 including a fish processing vessel and a fish tender vessel 7as such terms are defined in section #baja of title #df1 ,united ,states ,code74 7#b7 ,application of general permit ,the terms and conditions of the ,general ,permit shall cease to apply to vessels described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 on the date of enactment of this ,act4 7d7 ,state petition for revision of best management practices 7#a7 ,in general ,the ,governor of a ,state may submit a petition to the ,secretary requesting that the ,secretary revise a best management practice established under subsection 7a7 if there is significant new information that could reasonably indicate that-- 7,a7 revising the best management practice would substantially reduce the adverse effects on navigable waters of the ,united ,states of discharges incidental to the normal operation of a commercial vessel2 and 7,b7 the revised best management practice would be economically achievable and operationally practicable4 7#b7 ,required information ,a petition submitted to the ,secretary under paragraph 7#a7 shall include-- 7,a7 the scientific and technical information on which the petition is based2 and 7,b7 any additional information the ,secretary considers appropriate4 7#c7 ,public availability ,upon receiving a petition under paragraph 7#a71 the ,secretary shall make publicly available a copy of the petition1 including the information included under paragraph 7#b74 7#d7 ,treatment of more than one petition as a single petition ,the ,secretary may treat more than one petition submitted under paragraph 7#a7 as a single petition4 7#e7 ,revision of best management practices ,if1 after reviewing a petition submitted by a ,governor under paragraph 7#a71 the ,secretary1 in consultation with the ,administrator1 determines that revising a best management practice would substantially reduce the adverse effects on navigable waters of the ,united ,states of discharges incidental to the normal operation of a commercial vessel1 and the revised best management practice would be economically achievable and operationally practicable1 the ,secretary1 in consultation with the ,administrator1 may issue a rule to revise the best management practice established under subsection 7a74 #hji4 ,judicial review 7a7 ,in general ,a person may file a petition for review of a final rule issued under this title in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7b7 ,deadline 7#a7 ,in general ,a petition shall be filed under this section not later than #abj days after the date on which the rule to be reviewed is published in the ,federal ,register4 7#b7 ,exception ,notwithstanding paragraph 7#a71 a petition that is based solely on grounds that arise after the deadline to file a petition under paragraph 7#a7 has passed may be filed not later than #abj days after the date on which such grounds first arise4 #haj4 ,state enforcement ,the ,secretary may enter into an agreement with the ,governor of a ,state to authorize the ,state to enforce the provisions of this title1 as the ,secretary considers appropriate4 #haa4 ,effect on ,state authority 7a7 ,in general ,except as provided in subsection 7b7 and as necessary to implement an agreement entered into under section #haj1 no ,state or political subdivision thereof may adopt or enforce any statute1 regulation1 or other requirement of the ,state or political subdivision with respect to-- 7#a7 a discharge into navigable waters of the ,united ,states from a commercial vessel of ballast water2 or 7#b7 a discharge incidental to the normal operation of a commercial vessel4 7b7 ,preservation of authority ,nothing in this title may be construed as affecting the authority of a ,state or political subdivision thereof to adopt or enforce any statute1 regulation1 or other requirement with respect to any water or other substance discharged or emitted from a vessel in preparation for transport of the vessel by land from one body of water to another body of water4 #hab4 ,effect on other laws 7a7 ,application of ,federal ,water ,pollution ,control ,act 7#a7 ,in general ,except as provided in section #hjh7;b71 on or after the date of enactment of this ,act1 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 shall not apply to a discharge into navigable waters of the ,united ,states of ballast water from a commercial vessel or a discharge incidental to the normal operation of a commercial vessel4 7#b7 ,oil and hazardous substance liability2 marine sanitation devices ,nothing in this title may be construed as affecting the application to a commercial vessel of section #caa or #cab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba and #acbb74 7b7 ,established regimes ,notwithstanding any other provision of this title1 nothing in this title may be construed as affecting the authority of the ,federal ,government under-- 7#a7 the ,act to ,prevent ,pollution from ,ships 7#cc ,u4,s4,c4 #aija et seq47 with respect to the regulation by the ,federal ,government of any discharge or emission that1 on or after the date of enactment of this ,act1 is covered under the ,international ,convention for the ,prevention of ,pollution from ,ships1 #aigc1 as modified by the ,protocol of #aigh2 and 7#b7 title ,x of the ,coast ,guard ,authorization ,act of #bjaj 7#cc ,u4,s4,c4 #chja et seq47 with respect to the regulation by the ,federal ,government of any anti-fouling system that1 on or after the date of enactment of this ,act1 is covered under the ,international ,convention on the ,control of ,harmful ,anti-fouling ,systems on ,ships1 done at ,london ,october #e1 #bjja4 7c7 ,international law 7#a7 ,in general ,any action taken under this title shall be taken in accordance with international law4 7#b7 ,standards ,nothing in this title may be construed to impose any design1 equipment1 or operation standard on a commercial vessel not documented under the laws of the ,united ,states and engaged in innocent passage unless the standard implements a generally accepted international rule1 as determined by the ,secretary4 7d7 ,other authorities ,nothing in this title may be construed as affecting the authority of the ,secretary of ,commerce or the ,secretary of the ,interior1 as the case may be1 to administer lands or waters under such ,secretary's administrative control4 7e7 ,conforming amendments ,the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgja et seq47 is amended-- 7#a7 in section #aaja7;c77#b7 7#af ,u4,s4,c4 #dgaa7;c77#b77-- 7,a7 in subparagraph 7,k71 by striking 2 and and inserting a period2 and 7,b7 by striking subparagraph 7,l72 and 7#b7 in section #abje 7#af ,u4,s4,c4 #dgbe71 by adding at the end the following3 ,ballast water and discharges incidental to the normal operation of a commercial vessel 7as such terms are defined in the ,vessel ,incidental ,discharge ,act7 shall be regulated pursuant to such ,act44 ,,ix ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,amendments and ,hydrographic ,services ,improvement ,act ,reauthorization and ,amendments ,act of #bjag #ija4 ,short title ,this title may be cited as the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,amendments and ,hydrographic ,services ,improvement ,act ,reauthorization and ,amendments ,act of #bjag4 #ijb4 ,references to ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb ,except as otherwise expressly provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb 7#cc ,u4,s4,c4 #cjja et seq474 ,a ,general provisions #iaa4 ,strength and distribution in grade ,section #bad 7#cc ,u4,s4,c4 #cjjd7 is amended to read as follows3 #bad4 ,strength and distribution in grade 7a7 ,grades ,the commissioned grades in the commissioned officer corps of the ,administration are the following1 in relative rank with officers of the ,navy3 7#a7 ,vice admiral4 7#b7 ,rear admiral4 7#c7 ,rear admiral 7lower half74 7#d7 ,captain4 7#e7 ,commander4 7#f7 ,lieutenant commander4 7#g7 ,lieutenant4 7#h7 ,lieutenant 7junior grade74 7#i7 ,ensign4 7b7 ,grade distribution ,the ,secretary shall prescribe1 with respect to the distribution on the lineal list in grade1 the percentages applicable to the grades set forth in subsection 7a74 7c7 ,annual computation of number in grade 7#a7 ,in general ,not less frequently than once each year1 the ,secretary shall make a computation to determine the number of officers on the lineal list authorized to be serving in each grade4 7#b7 ,method of computation ,the number in each grade shall be computed by applying the applicable percentage to the total number of such officers serving on active duty on the date the computation is made4 7#c7 ,fractions ,if a final fraction occurs in computing the authorized number of officers in a grade1 the nearest whole number shall be taken4 ,if the fraction is 1 the next higher whole number shall be taken4 7d7 ,temporary increase in numbers ,the total number of officers authorized by law to be on the lineal list during a fiscal year may be temporarily exceeded if the average number on that list during that fiscal year does not exceed the authorized number4 7e7 ,positions of importance and responsibility ,officers serving in positions designated under section #bbh7;a7 and officers recalled from retired status shall not be counted when computing authorized strengths under subsection 7c7 and shall not count against those strengths4 7f7 ,preservation of grade and pay ,no officer may be reduced in grade or pay or separated from the commissioned officer corps of the ,administration as the result of a computation made to determine the authorized number of officers in the various grades4 4 #iab4 ,recalled officers ,section #bae 7#cc ,u4,s4,c4 #cjje7 is amended-- 7#a7 in the matter before paragraph 7#a71 by striking ,effective and inserting the following3 7a7 ,in general ,effective 2 and 7#b7 by adding at the end the following new subsection3 7b7 ,positions of importance and responsibility ,officers serving in positions designated under section #bbh and officers recalled from retired status or detailed to an agency other than the ,administration-- 7#a7 may not be counted in determining the total number of authorized officers on the lineal list under this section2 and 7#b7 may not count against such number4 4 #iac4 ,obligated service requirement 7a7 ,in general ,subtitle ,a 7#cc ,u4,s4,c4 #cjja et seq47 is amended by adding at the end the following3 #baf4 ,obligated service requirement 7a7 ,in general 7#a7 ,rulemaking ,the ,secretary shall prescribe the obligated service requirements for appointments1 training1 promotions1 separations1 continuations1 and retirement of officers not otherwise covered by law4 7#b7 ,written agreements ,the ,secretary and officers shall enter into written agreements that describe the officers' obligated service requirements prescribed under paragraph 7#a7 in return for such appointments1 training1 promotions1 separations1 and retirements as the ,secretary considers appropriate4 7b7 ,repayment for failure to satisfy requirements 7#a7 ,in general ,the ,secretary may require an officer who fails to meet the service requirements prescribed under subsection 7a77#a7 to reimburse the ,secretary in an amount that bears the same ratio to the total costs of the training provided to that officer by the ,secretary as the unserved portion of active duty bears to the total period of active duty the officer agreed to serve4 7#b7 ,obligation as debt to ,united ,states ,an obligation to reimburse the ,secretary under paragraph 7#a7 shall be considered for all purposes as a debt owed to the ,united ,states4 7#c7 ,discharge in bankruptcy ,a discharge in bankruptcy under title #aa that is entered less than #e years after the termination of a written agreement entered into under subsection 7a77#b7 does not discharge the individual signing the agreement from a debt arising under such agreement4 7c7 ,waiver or suspension of compliance ,the ,secretary may waive the service obligation of an officer who-- 7#a7 becomes unqualified to serve on active duty in the commissioned officer corps of the ,administration because of a circumstance not within the control of that officer2 or 7#b7 is-- 7,a7 not physically qualified for appointment2 and 7,b7 determined to be unqualified for service in the commissioned officer corps of the ,administration because of a physical or medical condition that was not the result of the officer's own misconduct or grossly negligent conduct4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by inserting after the item relating to section #bae the following3 ,sec4 #baf4 ,obligated service requirement4 4 #iad4 ,training and physical fitness 7a7 ,in general ,subtitle ,a 7#cc ,u4,s4,c4 #cjja et seq471 as amended by section #iac7;a71 is further amended by adding at the end the following3 #bag4 ,training and physical fitness 7a7 ,training ,the ,secretary may take such measures as may be necessary to ensure that officers are prepared to carry out their duties in the commissioned officer corps of the ,administration and proficient in the skills necessary to carry out such duties4 ,such measures may include the following3 7#a7 ,carrying out training programs and correspondence courses1 including establishing and operating a basic officer training program to provide initial indoctrination and maritime vocational training for officer candidates as well as refresher training1 mid-career training1 aviation training1 and such other training as the ,secretary considers necessary for officer development and proficiency4 7#b7 ,providing officers and officer candidates with books and school supplies4 7#c7 ,acquiring such equipment as may be necessary for training and instructional purposes4 7b7 ,physical fitness ,the ,secretary shall ensure that officers maintain a high physical state of readiness by establishing standards of physical fitness for officers that are substantially equivalent to those prescribed for officers in the ,coast ,guard4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #iac7;b71 is further amended by inserting after the item relating to section #baf the following3 ,sec4 #bag4 ,training and physical fitness4 4 #iae4 ,recruiting materials 7a7 ,in general ,subtitle ,a 7#cc ,u4,s4,c4 #cjja et seq471 as amended by section #iad7;a71 is further amended by adding at the end the following3 #bah4 ,use of recruiting materials for public relations ,the ,secretary may use for public relations purposes of the ,department of ,commerce any advertising materials developed for use for recruitment and retention of personnel for the commissioned officer corps of the ,administration4 ,any such use shall be under such conditions and subject to such restrictions as the ,secretary shall prescribe4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #iad7;b71 is further amended by inserting after the item relating to section #bag the following3 ,sec4 #bah4 ,use of recruiting materials for public relations4 4 #iaf4 ,technical correction ,section #aja7ba77;,c7 of title #ch1 ,united ,states ,code1 is amended by inserting in the commissioned officer corps before of the ,national4 ,b ,parity and recruitment #iba4 ,education loans 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq47 is amended by adding at the end the following3 #bfg4 ,education loan repayment program 7a7 ,authority ,to repay education loans ,for the purpose of maintaining adequate numbers of officers of the commissioned officer corps of the ,administration on active duty who have skills required by the commissioned officer corps1 the ,secretary may repay1 in the case of a person described in subsection 7b71 a loan that-- 7#a7 was used by the person to finance education2 and 7#b7 was obtained from a governmental entity1 private financial institution1 educational institution1 or other authorized entity4 7b7 ,eligible persons ,to be eligible to obtain a loan repayment under this section1 a person must-- 7#a7 satisfy #a of the requirements specified in subsection 7c72 7#b7 be fully qualified for1 or hold1 an appointment as a commissioned officer in the commissioned officer corps of the ,administration2 and 7#c7 sign a written agreement to serve on active duty1 or1 if on active duty1 to remain on active duty for a period in addition to any other incurred active duty obligation4 7c7 ,academic and professional requirements ,one of the following academic requirements must be satisfied for purposes of determining the eligibility of an individual for a loan repayment under this section3 7#a7 ,the person is fully qualified in a profession that the ,secretary has determined to be necessary to meet identified skill shortages in the commissioned officer corps4 7#b7 ,the person is enrolled as a full-time student in the final year of a course of study at an accredited educational institution 7as determined by the ,secretary of ,education7 leading to a degree in a profession that will meet identified skill shortages in the commissioned officer corps4 7d7 ,loan repayments 7#a7 ,in general ,subject to the limits established under paragraph 7#b71 a loan repayment under this section may consist of the payment of the principal1 interest1 and related expenses of a loan obtained by a person described in subsection 7b74 7#b7 ,limitation on amount ,for each year of obligated service that a person agrees to serve in an agreement described in subsection 7b77#c71 the ,secretary may pay not more than the amount specified in section #bagc7;e77#b7 of title #aj1 ,united ,states ,code4 7e7 ,active duty service obligation 7#a7 ,in general ,a person entering into an agreement described in subsection 7b77#c7 incurs an active duty service obligation4 7#b7 ,length of obligation determined under regulations 7,a7 ,in general ,except as provided in subparagraph 7,b71 the length of the obligation under paragraph 7#a7 shall be determined under regulations prescribed by the ,secretary4 7,b7 ,minimum obligation ,the regulations prescribed under subparagraph 7,a7 may not provide for a period of obligation of less than #a year for each maximum annual amount1 or portion thereof1 paid on behalf of the person for qualified loans4 7#c7 ,persons on active duty before entering into agreement ,the active duty service obligation of persons on active duty before entering into the agreement shall be served after the conclusion of any other obligation incurred under the agreement4 7f7 ,effect of failure ,to complete obligation 7#a7 ,alternative obligations ,an officer who is relieved of the officer's active duty obligation under this section before the completion of that obligation may be given any alternative obligation1 at the discretion of the ,secretary4 7#b7 ,repayment ,an officer who does not complete the period of active duty specified in the agreement entered into under subsection 7b77#c71 or the alternative obligation imposed under paragraph 7#a71 shall be subject to the repayment provisions under section #baf4 7g7 ,rulemaking ,the ,secretary shall prescribe regulations to carry out this section1 including-- 7#a7 standards for qualified loans and authorized payees2 and 7#b7 other terms and conditions for the making of loan repayments4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by inserting after the item relating to section #bff the following3 ,sec4 #bfg4 ,education loan repayment program4 4 #ibb4 ,interest payments 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq471 as amended by section #iba7;a71 is further amended by adding at the end the following3 #bfh4 ,interest payment program 7a7 ,authority ,the ,secretary may pay the interest and any special allowances that accrue on #a or more student loans of an eligible officer1 in accordance with this section4 7b7 ,eligible officers ,an officer is eligible for the benefit described in subsection 7a7 while the officer-- 7#a7 is serving on active duty2 7#b7 has not completed more than #c years of service on active duty2 7#c7 is the debtor on #a or more unpaid loans described in subsection 7c72 and 7#d7 is not in default on any such loan4 7c7 ,student loans ,the authority to make payments under subsection 7a7 may be exercised with respect to the following loans3 7#a7 ,a loan made1 insured1 or guaranteed under part ,b of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajga et seq474 7#b7 ,a loan made under part ,d of such title 7#bj ,u4,s4,c4 #ajhg;a et seq474 7#c7 ,a loan made under part ,e of such title 7#bj ,u4,s4,c4 #ajhg;aa et seq474 7d7 ,maximum benefit ,interest and any special allowance may be paid on behalf of an officer under this section for any of the #cf consecutive months during which the officer is eligible under subsection 7b74 7e7 ,funds for payments ,the ,secretary may use amounts appropriated for the pay and allowances of personnel of the commissioned officer corps of the ,administration for payments under this section4 7f7 ,coordination with ,secretary of ,education 7#a7 ,in general ,the ,secretary shall consult with the ,secretary of ,education regarding the administration of this section4 7#b7 ,transfer of funds ,the ,secretary shall transfer to the ,secretary of ,education the funds necessary-- 7,a7 to pay interest and special allowances on student loans under this section 7in accordance with sections #dbh7o71 #dee7l71 and #dfd7;j7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh7o71 #ajhg;e7l71 and #ajhg;dd7j772 and 7,b7 to reimburse the ,secretary of ,education for any reasonable administrative costs incurred by the ,secretary in coordinating the program under this section with the administration of the student loan programs under parts ,b1 ,d1 and ,e of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajga et seq41 #ajhg;a et seq41 #ajhg;aa et seq474 7g7 ,special allowance defined ,in this section1 the term special allowance means a special allowance that is payable under section #dch of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg-a74 4 7b7 ,conforming amendments 7#a7 ,section #dbh7o7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh7o77 is amended-- 7,a7 by striking the subsection heading and inserting ,armed ,forces and ,,noaa ,commissioned ,officer ,corps ,student ,loan ,interest ,payment ,programs2 and 7,b7 in paragraph 7#a7-- 7i7 by inserting or section #bfh of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb after ,code12 and 7ii7 by inserting or an officer in the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration1 respectively1 after ,armed ,forces4 7#b7 ,sections #dee7l7 and #dfd7;j7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7l7 and #ajhg;dd7j77 are each amended-- 7,a7 by striking the subsection heading and inserting ,armed ,forces and ,,noaa ,commissioned ,officer ,corps ,student ,loan ,interest ,payment ,programs2 and 7,b7 in paragraph 7#a7-- 7i7 by inserting or section #bfh of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb after ,code12 and 7ii7 by inserting or an officer in the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration1 respectively after ,armed ,forces4 7c7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #iba7;b71 is further amended by inserting after the item relating to section #bfg the following3 ,sec4 #bfh4 ,interest payment program4 4 #ibc4 ,student pre-commissioning program 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq471 as amended by section #ibb7;a71 is further amended by adding at the end the following3 #bfi4 ,student pre-commissioning education assistance program 7a7 ,authority ,to provide financial assistance ,for the purpose of maintaining adequate numbers of officers of the commissioned officer corps of the ,administration on active duty1 the ,secretary may provide financial assistance to a person described in subsection 7b7 for expenses of the person while the person is pursuing on a full-time basis at an accredited educational institution 7as determined by the ,secretary of ,education7 a program of education approved by the ,secretary that leads to-- 7#a7 a baccalaureate degree in not more than #e academic years2 or 7#b7 a postbaccalaureate degree4 7b7 ,eligible persons 7#a7 ,in general ,a person is eligible to obtain financial assistance under subsection 7a7 if the person-- 7,a7 is enrolled on a full-time basis in a program of education referred to in subsection 7a7 at any educational institution described in such subsection2 7,b7 meets all of the requirements for acceptance into the commissioned officer corps of the ,administration except for the completion of a baccalaureate degree2 and 7,c7 enters into a written agreement with the ,secretary described in paragraph 7#b74 7#b7 ,agreement ,a written agreement referred to in paragraph 7#a77;,c7 is an agreement between the person and the ,secretary in which the person-- 7,a7 agrees to accept an appointment as an officer1 if tendered2 and 7,b7 upon completion of the person's educational program1 agrees to serve on active duty1 immediately after appointment1 for-- 7i7 up to #c years if the person received less than #c years of assistance2 and 7ii7 up to #e years if the person received at least #c years of assistance4 7c7 ,qualifying expenses ,expenses for which financial assistance may be provided under subsection 7a7 are the following3 7#a7 ,tuition and fees charged by the educational institution involved4 7#b7 ,the cost of books4 7#c7 ,in the case of a program of education leading to a baccalaureate degree1 laboratory expenses4 7#d7 ,such other expenses as the ,secretary considers appropriate4 7d7 ,limitation on amount ,the ,secretary shall prescribe the amount of financial assistance provided to a person under subsection 7a71 which may not exceed the amount specified in section #bagc7;e77#b7 of title #aj1 ,united ,states ,code1 for each year of obligated service that a person agrees to serve in an agreement described in subsection 7b77#b74 7e7 ,duration of assistance ,financial assistance may be provided to a person under subsection 7a7 for not more than #e consecutive academic years4 7f7 ,subsistence allowance 7#a7 ,in general ,a person who receives financial assistance under subsection 7a7 shall be entitled to a monthly subsistence allowance at a rate prescribed under paragraph 7#b7 for the duration of the period for which the person receives such financial assistance4 7#b7 ,determination of amount ,the ,secretary shall prescribe monthly rates for subsistence allowance provided under paragraph 7#a71 which shall be equal to the amount specified in section #badd7;a7 of title #aj1 ,united ,states ,code4 7g7 ,initial clothing allowance 7#a7 ,training ,the ,secretary may prescribe a sum which shall be credited to each person who receives financial assistance under subsection 7a7 to cover the cost of the person's initial clothing and equipment issue4 7#b7 ,appointment ,upon completion of the program of education for which a person receives financial assistance under subsection 7a7 and acceptance of appointment in the commissioned officer corps of the ,administration1 the person may be issued a subsequent clothing allowance equivalent to that normally provided to a newly appointed officer4 7h7 ,termination of financial assistance 7#a7 ,in general ,the ,secretary shall terminate the assistance provided to a person under this section if-- 7,a7 the ,secretary accepts a request by the person to be released from an agreement described in subsection 7b77#b72 7,b7 the misconduct of the person results in a failure to complete the period of active duty required under the agreement2 or 7,c7 the person fails to fulfill any term or condition of the agreement4 7#b7 ,reimbursement ,the ,secretary may require a person who receives assistance described in subsection 7c71 7f71 or 7g7 under an agreement entered into under subsection 7b77#a77;,c7 to reimburse the ,secretary in an amount that bears the same ratio to the total costs of the assistance provided to that person as the unserved portion of active duty bears to the total period of active duty the officer agreed to serve under the agreement4 7#c7 ,waiver ,the ,secretary may waive the service obligation of a person through an agreement entered into under subsection 7b77#a77;,c7 if the person-- 7,a7 becomes unqualified to serve on active duty in the commissioned officer corps of the ,administration because of a circumstance not within the control of that person2 or 7,b7 is-- 7i7 not physically qualified for appointment2 and 7ii7 determined to be unqualified for service in the commissioned officer corps of the ,administration because of a physical or medical condition that was not the result of the person's own misconduct or grossly negligent conduct4 7#d7 ,obligation as debt to ,united ,states ,an obligation to reimburse the ,secretary imposed under paragraph 7#b7 is1 for all purposes1 a debt owed to the ,united ,states4 7#e7 ,discharge in bankruptcy ,a discharge in bankruptcy under title #aa1 ,united ,states ,code1 that is entered less than #e years after the termination of a written agreement entered into under subsection 7b77#a77;,c7 does not discharge the person signing the agreement from a debt arising under such agreement or under paragraph 7#b74 7i7 ,regulations ,the ,secretary may promulgate such regulations and orders as the ,secretary considers appropriate to carry out this section4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #ibb7;c71 is further amended by inserting after the item relating to section #bfh the following3 ,sec4 #bfi4 ,student pre-commissioning education assistance program4 4 #ibd4 ,limitation on educational assistance 7a7 ,in general ,each fiscal year1 beginning with the fiscal year in which this ,act is enacted1 the ,secretary of ,commerce shall ensure that the total amount expended by the ,secretary under section #bfg of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb 7as added by section #iba7;a771 section #bfh of such ,act 7as added by section #ibb7;a771 and section #bfi of such ,act 7as added by section #ibc7;a77 does not exceed the amount by which-- 7#a7 the total amount the ,secretary would pay in that fiscal year to officer candidates under section #bjc7;f77#a7 of title #cg1 ,united ,states ,code 7as added by section #idf7;d771 if such section entitled officer candidates to pay at monthly rates equal to the basic pay of a commissioned officer in the pay grade ,o-#a with less than #b years of service2 exceeds 7#b7 the total amount the ,secretary actually pays in that fiscal year to officer candidates under section #bjc7;f77#a7 of such title 7as so added74 7b7 ,officer candidate defined ,in this section1 the term officer candidate has the meaning given the term in section #bab of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb 7#cc ,u4,s4,c4 #cjjb71 as added by section #idf7;c74 #ibe4 ,applicability of certain provisions of title #aj1 ,united ,states ,code1 and extension of certain authorities applicable to members of the ,armed ,forces to commissioned officer corps 7a7 ,applicability of certain provisions of title #aj ,section #bfa7;a7 7#cc ,u4,s4,c4 #cjga7;a77 is amended-- 7#a7 by redesignating paragraphs 7#ac7 through 7#af7 as paragraphs 7#bb7 through 7#be71 respectively2 7#b7 by redesignating paragraphs 7#g7 through 7#ab7 as paragraphs 7#ad7 through 7#ai71 respectively2 7#c7 by redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#h7 through 7#aj71 respectively2 7#d7 by inserting after paragraph 7#c7 the following3 7#d7 ,section #gga1 relating to unauthorized wearing of uniforms4 7#e7 ,section #ggd1 relating to wearing religious apparel while in uniform4 7#f7 ,section #ihb1 relating to service on ,state and local juries4 7#g7 ,section #ajca1 relating to administration of oaths4 2 7#e7 by inserting after paragraph 7#aj71 as redesignated1 the following3 7#aa7 ,section #ajgdn1 relating to annual mental health assessments4 7#ab7 ,section #ajij;a1 relating to referrals for mental health evaluations4 7#ac7 ,chapter #eh1 relating to the ,benefits and ,services for members being separated or recently separated4 2 and 7#f7 by inserting after paragraph 7#ai71 as redesignated1 the following3 7#bj7 ,subchapter ,i of chapter #hh1 relating to ,military ,family ,programs4 7#ba7 ,section #bjje1 relating to advanced education assistance1 active duty agreements1 and reimbursement requirements4 4 7b7 ,extension of certain authorities 7#a7 ,notarial services ,section #ajdd;a of title #aj1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a77#a71 by striking armed forces and inserting uniformed services2 and 7,b7 in subsection 7b77#d71 by striking armed forces both places it appears and inserting uniformed services4 7#b7 ,acceptance of voluntary services for programs serving members and their families ,section #aehh of such title is amended-- 7,a7 in subsection 7a77#c71 in the matter before subparagraph 7,a71 by striking armed forces and inserting uniformed services2 and 7,b7 by adding at the end the following new subsection3 7g7 ,secretary concerned for acceptance of services for programs serving members of ,,noaa corps and their families ,for purposes of the acceptance of services described in subsection 7a77#c71 the term ,secretary concerned in subsection 7a7 shall include the ,secretary of ,commerce with respect to members of the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration4 4 7#c7 ,capstone course for newly selected flag officers ,section #baec of such title is amended-- 7,a7 in subsection 7a7-- 7i7 by inserting or the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration after in the case of the ,navy2 and 7ii7 by striking other armed forces and inserting other uniformed services2 and 7,b7 in subsection 7b77#a71 in the matter before subparagraph 7,a71 by inserting or the ,secretary of ,commerce1 as applicable1 after the ,secretary of ,defense4 #ibf4 ,applicability of certain provisions of title #cg1 ,united ,states ,code 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq47 is amended by inserting after section #bfa the following3 #bfa;,a4 ,applicability of certain provisions of title #cg1 ,united ,states ,code 7a7 ,provisions made applicable to commissioned officer corps ,the provisions of law applicable to the ,armed ,forces under the following provisions of title #cg1 ,united ,states ,code1 shall apply to the commissioned officer corps of the ,administration3 7#a7 ,section #cbd1 relating to accession bonuses for new officers in critical skills4 7#b7 ,section #djc7;f77#c71 relating to prescribing regulations defining the terms field duty and sea duty4 7#c7 ,section #djc7l71 relating to temporary continuation of housing allowance for dependents of members dying on active duty4 7#d7 ,section #dhh1 relating to allowances for recruiting expenses4 7#e7 ,section #die1 relating to allowances for funeral honors duty4 7b7 ,references ,the authority vested by title #cg1 ,united ,states ,code1 in the military departments1 the ,secretary concerned1 or the ,secretary of ,defense with respect to the provisions of law referred to in subsection 7a7 shall be exercised1 with respect to the commissioned officer corps of the ,administration1 by the ,secretary of ,commerce or the ,secretary's designee4 4 7b7 ,personal money allowance ,section #dad of title #cg1 ,united ,states ,code1 is amended by inserting or the director of the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration after ,health ,service4 7c7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by inserting after the item relating to section #bfa the following3 ,sec4 #bfa;,a4 ,applicability of certain provisions of title #cg1 ,united ,states ,code4 4 #ibg4 ,legion of ,merit award ,section #aaba of title #aj1 ,united ,states ,code1 is amended by striking armed forces and inserting uniformed services4 #ibh4 ,prohibition on retaliatory personnel actions 7a7 ,in general ,subsection 7a7 of section #bfa 7#cc ,u4,s4,c4 #cjga71 as amended by section #ibe7;a71 is further amended-- 7#a7 by redesignating paragraphs 7#h7 through 7#be7 as paragraphs 7#i7 through 7#bf71 respectively2 and 7#b7 by inserting after paragraph 7#g7 the following3 7#h7 ,section #ajcd1 relating to protected communications and prohibition of retaliatory personnel actions4 4 7b7 ,conforming amendment ,subsection 7b7 of such section is amended by adding at the end the following3 ,for purposes of paragraph 7#h7 of subsection 7a71 the term ,inspector ,general in section #ajcd of such title #aj shall mean the ,inspector ,general of the ,department of ,commerce44 7c7 ,regulations ,such section is further amended by adding at the end the following3 7c7 ,regulations regarding protected communications and prohibition of retaliatory personnel actions ,the ,secretary may promulgate regulations to carry out the application of section #ajcd of title #aj1 ,united ,states ,code1 to the commissioned officer corps of the ,administration1 including by promulgating such administrative procedures for investigation and appeal within the commissioned officer corps as the ,secretary considers appropriate4 4 #ibi4 ,penalties for wearing uniform without authority ,section #gjb of title #ah1 ,united ,states ,code1 is amended by striking ,service or any and inserting ,service1 the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration1 or any4 #icj4 ,application of certain provisions of competitive service law ,section #ccjd7;f7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by inserting and members of the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration 7or its predecessor organization the ,coast and ,geodetic ,survey7 separated from such uniformed service after separated from the armed forces2 7#b7 in paragraph 7#b71 by striking or veteran and inserting 1 veteran1 or member2 and 7#c7 in paragraph 7#d71 by inserting and members of the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration 7or its predecessor organization the ,coast and ,geodetic ,survey7 separated from such uniformed service after separated from the armed forces4 #ica4 ,employment and reemployment rights ,section #dcjc7af7 of title #ch1 ,united ,states ,code1 is amended by inserting the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration1 after ,public ,health ,service14 #icb4 ,treatment of commission in commissioned officer corps for purposes of certain hiring decisions 7a7 ,in general ,subtitle ,e 7#cc ,u4,s4,c4 #cjga et seq471 as amended by this subtitle1 is further amended by adding at the end the following3 #bfi;,a4 ,treatment of commission in commissioned officer corps as employment in ,administration for purposes of certain hiring decisions 7a7 ,in general ,in any case in which the ,secretary accepts an application for a position of employment with the ,administration and limits consideration of applications for such position to applications submitted by individuals serving in a career or career-conditional position in the competitive service within the ,administration1 the ,secretary shall deem an officer who has served as an officer in the commissioned officer corps for at least #c years to be serving in a career or career-conditional position in the competitive service within the ,administration for purposes of such limitation4 7b7 ,career appointments ,if the ,secretary selects an application submitted by an officer described in subsection 7a7 for a position described in such subsection1 the ,secretary shall give such officer a career or career-conditional appointment in the competitive service1 as appropriate4 7c7 ,competitive service defined ,in this section1 the term competitive service has the meaning given the term in section #bajb of title #e1 ,united ,states ,code4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by inserting after the item relating to section #bfi1 as added by section #ibc1 the following new item3 ,sec4 #bfi;,a4 ,treatment of commission in commissioned officer corps as employment in ,administration for purposes of certain hiring decisions4 4 #icc4 ,direct hire authority 7a7 ,in general ,the head of a ,federal agency may appoint1 without regard to the provisions of subchapter ,i of chapter #cc of title #e1 ,united ,states ,code1 other than sections #ccjc and #ccbh of such title1 a qualified candidate described in subsection 7b7 directly to a position in the agency for which the candidate meets qualification standards of the ,office of ,personnel ,management4 7b7 ,candidates described ,a candidate described in this subsection is a current or former member of the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration who-- 7#a7 fulfilled his or her obligated service requirement under section #baf of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb1 as added by section #iac2 7#b7 if no longer a member of the commissioned officer corps of the ,administration1 was not discharged or released therefrom as part of a disciplinary action2 and 7#c7 has been separated or released from service in the commissioned officer corps of the ,administration for a period of not more than #e years4 7c7 ,effective date ,this section shall apply with respect to appointments made in fiscal year #bjag and in each fiscal year thereafter4 ,c ,appointments and promotion of officers #ida4 ,appointments 7a7 ,original appointments ,section #bba 7#cc ,u4,s4,c4 #cjba7 is amended to read as follows3 #bba4 ,original appointments and reappointments 7a7 ,original appointments 7#a7 ,grades 7,a7 ,in general ,except as provided in subparagraph 7,b71 an original appointment of an officer may be made in such grades as may be appropriate for-- 7i7 the qualification1 experience1 and length of service of the appointee2 and 7ii7 the commissioned officer corps of the ,administration4 7,b7 ,appointment of officer candidates 7i7 ,limitation on grade ,an original appointment of an officer candidate1 upon graduation from the basic officer training program of the commissioned officer corps of the ,administration1 may not be made in any other grade than ensign4 7ii7 ,rank ,officer candidates receiving appointments as ensigns upon graduation from basic officer training program shall take rank according to their proficiency as shown by the order of their merit at date of graduation4 7#b7 ,source of appointments ,an original appointment may be made from among the following3 7,a7 ,graduates of the basic officer training program of the commissioned officer corps of the ,administration4 7,b7 ,graduates of the military service academies of the ,united ,states who otherwise meet the academic standards for enrollment in the training program described in subparagraph 7,a74 7,c7 ,graduates of the maritime academies of the ,states who-- 7i7 otherwise meet the academic standards for enrollment in the training program described in subparagraph 7,a72 7ii7 completed at least #c years of regimented training while at a maritime academy of a ,state2 and 7iii7 obtained an unlimited tonnage or unlimited horsepower ,merchant ,mariner ,credential from the ,united ,states ,coast ,guard4 7,d7 ,licensed officers of the ,united ,states merchant marine who have served #b or more years aboard a vessel of the ,united ,states in the capacity of a licensed officer1 who otherwise meet the academic standards for enrollment in the training program described in subparagraph 7,a74 7#c7 ,definitions ,in this subsection3 7,a7 ,maritime academies of the ,states ,the term maritime academies of the ,states means the following3 7i7 ,california ,maritime ,academy1 ,vallejo1 ,california4 7ii7 ,great ,lakes ,maritime ,academy1 ,traverse ,city1 ,michigan4 7iii7 ,maine ,maritime ,academy1 ,castine1 ,maine4 7iv7 ,massachusetts ,maritime ,academy1 ,buzzards ,bay1 ,massachusetts4 7v7 ,state ,university of ,new ,york ,maritime ,college1 ,fort ,schuyler1 ,new ,york4 7vi7 ,texas ,a,m ,maritime ,academy1 ,galveston1 ,texas4 7,b7 ,military service academies of the ,united ,states ,the term military service academies of the ,united ,states means the following3 7i7 ,the ,united ,states ,military ,academy1 ,west ,point1 ,new ,york4 7ii7 ,the ,united ,states ,naval ,academy1 ,annapolis1 ,maryland4 7iii7 ,the ,united ,states ,air ,force ,academy1 ,colorado ,springs1 ,colorado4 7iv7 ,the ,united ,states ,coast ,guard ,academy1 ,new ,london1 ,connecticut4 7v7 ,the ,united ,states ,merchant ,marine ,academy1 ,kings ,point1 ,new ,york4 7b7 ,reappointment 7#a7 ,in general ,except as provided in paragraph 7#b71 an individual who previously served in the commissioned officer corps of the ,administration may be appointed by the ,secretary to the grade the individual held prior to separation4 7#b7 ,reappointments to higher grades ,an appointment under paragraph 7#a7 to a position of importance and responsibility designated under section #bbh may only be made by the ,president4 7c7 ,qualifications ,an appointment under subsection 7a7 or 7b7 may not be given to an individual until the individual's mental1 moral1 physical1 and professional fitness to perform the duties of an officer has been established under such regulations as the ,secretary shall prescribe4 7d7 ,precedence of appointees ,appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in such grade4 ,appointees whose dates of commission are the same shall take precedence with each other as the ,secretary shall determine4 7e7 ,inter-,service transfers ,for inter-service transfers 7as described in the ,department of ,defense ,directive #acjj4d 7dated ,december #bg1 #bjjf77 the ,secretary shall-- 7#a7 coordinate with the ,secretary of ,defense and the ,secretary of the ,department in which the ,coast ,guard is operating to promote and streamline inter-service transfers2 7#b7 give preference to such inter-service transfers for recruitment purposes as determined appropriate by the ,secretary2 and 7#c7 reappoint such inter-service transfers to the equivalent grade in the commissioned officer corps4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to authorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by striking the item relating to section #bba and inserting the following3 ,sec4 #bba4 ,original appointments and reappointments4 4 #idb4 ,personnel boards ,section #bbb 7#cc ,u4,s4,c4 #cjbb7 is amended to read as follows3 #bbb4 ,personnel boards 7a7 ,convening ,not less frequently than once each year and at such other times as the ,secretary determines necessary1 the ,secretary shall convene a personnel board4 7b7 ,membership 7#a7 ,in general ,a board convened under subsection 7a7 shall consist of #e or more officers who are serving in or above the permanent grade of the officers under consideration by the board4 7#b7 ,retired officers ,officers on the retired list may be recalled to serve on such personnel boards as the ,secretary considers necessary4 7#c7 ,no membership on #b successive boards ,no officer may be a member of #b successive personnel boards convened to consider officers of the same grade for promotion or separation4 7c7 ,duties ,each personnel board shall-- 7#a7 recommend to the ,secretary such changes as may be necessary to correct any erroneous position on the lineal list that was caused by administrative error2 and 7#b7 make selections and recommendations to the ,secretary and the ,president for the appointment1 promotion1 involuntary separation1 continuation1 and involuntary retirement of officers in the commissioned officer corps of the ,administration as prescribed in this title4 7d7 ,action on recommendations not acceptable ,if any recommendation by a board convened under subsection 7a7 is not accepted by the ,secretary or the ,president1 the board shall make such further recommendations as the ,secretary or the ,president considers appropriate4 4 #idc4 ,delegation of authority ,section #bbf 7#cc ,u4,s4,c4 #cjbf7 is amended-- 7#a7 by striking ,appointments and inserting the following3 7a7 ,in general ,appointments 2 and 7#b7 by adding at the end the following3 7b7 ,delegation of appointment authority ,if the ,president delegates authority to the ,secretary to make appointments under this section1 the ,president shall1 during a period in which the position of the ,secretary is vacant1 delegate such authority to the ,deputy ,secretary of ,commerce or the ,under ,secretary for ,oceans and ,atmosphere during such period4 4 #idd4 ,assistant ,administrator of the ,office of ,marine and ,aviation ,operations ,section #bbh7;c7 7#cc ,u4,s4,c4 #cjbh7;c77 is amended-- 7#a7 in the fourth sentence1 by striking ,director and inserting ,assistant ,administrator2 and 7#b7 in the heading1 by inserting ,assistant ,administrator of the before ,office4 #ide4 ,temporary appointments 7a7 ,in general ,section #bbi 7#cc ,u4,s4,c4 #cjbi7 is amended to read as follows3 #bbi4 ,temporary appointments 7a7 ,appointments by ,president ,temporary appointments in the grade of ensign1 lieutenant junior grade1 or lieutenant may be made by the ,president4 7b7 ,termination ,a temporary appointment to a position under subsection 7a7 shall terminate upon approval of a permanent appointment for such position made by the ,president4 7c7 ,order of precedence ,appointees under subsection 7a7 shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade4 ,the order of precedence of appointees who are appointed on the same date shall be determined by the ,secretary4 7d7 ,any one grade ,when determined by the ,secretary to be in the best interest of the commissioned officer corps1 officers in any permanent grade may be temporarily promoted one grade by the ,president4 ,any such temporary promotion terminates upon the transfer of the officer to a new assignment4 7e7 ,delegation of appointment authority ,if the ,president delegates authority to the ,secretary to make appointments under this section1 the ,president shall1 during a period in which the position of the ,secretary is vacant1 delegate such authority to the ,deputy ,secretary of ,commerce or the ,under ,secretary for ,oceans and ,atmosphere during such period4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to reauthorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by striking the item relating to section #bbi and inserting the following3 ,sec4 #bbi4 ,temporary appointments4 4 #idf4 ,officer candidates 7a7 ,in general ,subtitle ,b 7#cc ,u4,s4,c4 #cjba et seq47 is amended by adding at the end the following3 #bcd4 ,officer candidates 7a7 ,determination of number ,the ,secretary shall determine the number of appointments of officer candidates4 7b7 ,appointment ,appointment of officer candidates shall be made under regulations which the ,secretary shall prescribe1 including regulations with respect to determining age limits1 methods of selection of officer candidates1 term of service as an officer candidate before graduation from the program1 and all other matters affecting such appointment4 7c7 ,dismissal ,the ,secretary may dismiss from the basic officer training program of the ,administration any officer candidate who1 during the officer candidate's term as an officer candidate1 the ,secretary considers unsatisfactory in either academics or conduct1 or not adapted for a career in the commissioned officer corps of the ,administration4 ,officer candidates shall be subject to rules governing discipline prescribed by the ,director of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps4 7d7 ,agreement 7#a7 ,in general ,each officer candidate shall sign an agreement with the ,secretary in accordance with section #baf7;a77#b7 regarding the officer candidate's term of service in the commissioned officer corps of the ,administration4 7#b7 ,elements ,an agreement signed by an officer candidate under paragraph 7#a7 shall provide that the officer candidate agrees to the following3 7,a7 ,that the officer candidate will complete the course of instruction at the basic officer training program of the ,administration4 7,b7 ,that upon graduation from the such program1 the officer candidate-- 7i7 will accept an appointment1 if tendered1 as an officer2 and 7ii7 will serve on active duty for at least #d years immediately after such appointment4 7e7 ,regulations ,the ,secretary shall prescribe regulations to carry out this section4 ,such regulations shall include-- 7#a7 standards for determining what constitutes a breach of an agreement signed under such subsection 7d77#a72 and 7#b7 procedures for determining whether such a breach has occurred4 7f7 ,repayment ,an officer candidate or former officer candidate who does not fulfill the terms of the obligation to serve as specified under section 7d7 shall be subject to the repayment provisions of section #baf7;b74 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to reauthorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb7 is amended by inserting after the item relating to section #bcc the following3 ,sec4 #bcd4 ,officer candidates4 4 7c7 ,officer candidate defined ,section #bab7;b7 7#cc ,u4,s4,c4 #cjjb7;b77 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#e7 through 7#g71 respectively2 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,officer candidate ,the term officer candidate means an individual who is enrolled in the basic officer training program of the ,administration and is under consideration for appointment as an officer under section #bba7;a77#b77;,a74 4 7d7 ,pay for officer candidates ,section #bjc of title #cg1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 7#a7 ,an officer candidate enrolled in the basic officer training program of the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration is entitled1 while participating in such program1 to monthly officer candidate pay at monthly rate equal to the basic pay of an enlisted member in the pay grade ,e-#e with less than #b years service4 7#b7 ,an individual who graduates from such program shall receive credit for the time spent participating in such program as if such time were time served while on active duty as a commissioned officer4 ,if the individual does not graduate from such program1 such time shall not be considered creditable for active duty or pay4 4 #idg4 ,procurement of personnel 7a7 ,in general ,subtitle ,b 7#cc ,u4,s4,c4 #cjba et seq471 as amended by section #idf7;a71 is further amended by adding at the end the following3 #bce4 ,procurement of personnel ,the ,secretary may make such expenditures as the ,secretary considers necessary in order to obtain recruits for the commissioned officer corps of the ,administration1 including advertising4 4 7b7 ,clerical amendment ,the table of sections in section #a of the ,act entitled ,an ,act to reauthorize the ,hydrographic ,services ,improvement ,act of #aiih1 and for other purposes 7,public ,law #ajg-cgb71 as amended by section #idf7;b71 is further amended by inserting after the item relating to section #bcd the following3 #bce4 ,procurement of personnel4 4 ,d ,separation and retirement of officers #iea4 ,involuntary retirement or separation ,section #bda 7#cc ,u4,s4,c4 #cjda7 is amended by adding at the end the following3 7d7 ,deferment of retirement or separation for medical reasons 7#a7 ,in general ,if the ,secretary determines that the evaluation of the medical condition of an officer requires hospitalization or medical observation that cannot be completed with confidence in a manner consistent with the officer's well being before the date on which the officer would otherwise be required to retire or be separated under this section1 the ,secretary may defer the retirement or separation of the officer4 7#b7 ,consent required ,a deferment may only be made with the written consent of the officer involved4 ,if the officer does not provide written consent to the deferment1 the officer shall be retired or separated as scheduled4 7#c7 ,limitation ,a deferral of retirement or separation under this subsection may not extend for more than #cj days after completion of the evaluation requiring hospitalization or medical observation4 4 #ieb4 ,separation pay ,section #bdb 7#cc ,u4,s4,c4 #cjdb7 is amended by adding at the end the following3 7d7 ,exception ,an officer discharged for twice failing selection for promotion to the next higher grade is not entitled to separation pay under this section if the officer-- 7#a7 expresses a desire not to be selected for promotion2 or 7#b7 requests removal from the list of selectees4 4 ,e ,hydrographic services and other matters #ifa4 ,reauthorization of ,hydrographic ,services ,improvement ,act of #aiih 7a7 ,reauthorizations ,section #cjf of the ,hydrographic ,services ,improvement ,act of #aiih 7#cc ,u4,s4,c4 #hib;d7 is amended-- 7#a7 in the matter before paragraph 7#a71 by striking ,there are and inserting the following3 7a7 ,in general ,there are 2 7#b7 in subsection 7a7 7as designated by paragraph 7#a77-- 7,a7 in paragraph 7#a71 by striking surveys-- and all that follows through the end of the paragraph and inserting surveys1 #gj1had1jjj for each of fiscal years #bjag through #bjba42 7,b7 in paragraph 7#b71 by striking vessels-- and all that follows through the end of the paragraph and inserting vessels1 #be1jjj1jjj for each of fiscal years #bjag through #bjba42 7,c7 in paragraph 7#c71 by striking ,administration-- and all that follows through the end of the paragraph and inserting ,administration1 #bi1icb1jjj for each of fiscal years #bjag through #bjba42 7,d7 in paragraph 7#d71 by striking title-- and all that follows through the end of the paragraph and inserting title1 #bf1hjj1jjj for each of fiscal years #bjag through #bjba42 and 7,e7 in paragraph 7#e71 by striking title-- and all that follows through the end of the paragraph and inserting title1 #cj1efd1jjj for each of fiscal years #bjag through #bjba42 and 7#c7 by adding at the end the following3 7b7 ,arctic programs ,of the amount authorized by this section for each fiscal year-- 7#a7 #aj1jjj1jjj is authorized for use-- 7,a7 to acquire hydrographic data2 7,b7 to provide hydrographic services2 7,c7 to conduct coastal change analyses necessary to ensure safe navigation2 7,d7 to improve the management of coastal change in the ,arctic2 and 7,e7 to reduce risks of harm to ,alaska ,native subsistence and coastal communities associated with increased international maritime traffic2 and 7#b7 #b1jjj1jjj is authorized for use to acquire hydrographic data and provide hydrographic services in the ,arctic necessary to delineate the ,united ,states extended ,continental ,shelf4 4 7b7 ,limitation on administrative expenses for surveys ,section #cjf of such ,act 7#cc ,u4,s4,c4 #hib;d7 is further amended by adding at the end the following3 7c7 ,limitation on administrative expenses for surveys ,of amounts authorized by this section for each fiscal year for contract hydrographic surveys1 not more than #e percent is authorized for administrative costs associated with contract management4 4 #ifb4 ,system for tracking and reporting all-inclusive cost of hydrographic surveys 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,commerce shall-- 7#a7 develop and implement a system to track and report the full cost to the ,department of ,commerce of hydrographic data collection1 including costs relating to vessel acquisition1 vessel repair1 and administration of contracts to procure data2 7#b7 evaluate additional measures for comparing cost per unit effort beyond square nautical miles2 and 7#c7 submit to ,congress a report on which additional measures for comparing cost per unit effort the ,secretary intends to use and the rationale for such use4 7b7 ,development of strategy for increased contracting with nongovernmental entities for hydrographic data collection ,not later than #ahj days after the date on which the ,secretary completes the activities required by subsection 7a71 the ,secretary shall develop a strategy for how the ,national ,oceanic and ,atmospheric ,administration will increase contracting with nongovernmental entities for hydrographic data collection in a manner that is consistent with the requirements of the ,ocean and ,coastal ,mapping ,integration ,act 7,public ,law #aaa-aa2 #cc ,u4,s4,c4 #ceja et seq474 #ifc4 ,homeport of certain research vessels 7a7 ,acceptance of funds authorized ,the ,secretary of ,commerce may accept non-,federal funds for the purpose of obtaining such cost estimates1 designs1 and permits as may be necessary for construction of a new port facility-- 7#a7 to facilitate the homeporting of the ,r_/,v ,,fairweather in accordance with title ,,ii of the ,departments of ,commerce1 ,justice1 and ,state1 the ,judiciary1 and ,related ,agencies ,appropriations ,act1 #bjjb 7,public ,law #ajg-gg2 #aae ,stat4 #gge72 and 7#b7 that is under the administrative jurisdiction of the ,under ,secretary for ,oceans and ,atmosphere4 7b7 ,strategic plan required ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall develop and submit to ,congress a strategic plan for the construction described in subsection 7a74 7c7 ,acceptance of funds authorized ,the ,secretary of ,commerce may accept non-,federal funds for the purpose of obtaining such cost estimates1 designs1 and permits as may be necessary for construction of a new port facility-- 7#a7 to facilitate the homeporting of a new1 existing1 or reactivated research vessel in the city of ,st4 ,petersburg1 ,florida2 and 7#b7 that is under the administrative jurisdiction of the ,under ,secretary for ,oceans and ,atmosphere4 7d7 ,strategic plan required ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall develop and submit to ,congress a strategic plan for construction or acquisition of the facilities needed to allow for an oceanographic research vessel to be homeported in ,st4 ,petersburg1 ,florida4 ,the strategic plan shall include an estimate of funding needed to construct such facilities4 ,june #e1 #bjag,reported with an amendment