,in the ,senate of the ,united ,states1 ,november #ad1 #bjah4 ,senate ,amendment to ,house ,amendment3 ,that the ,senate agree to the amendment of the ,house of ,representatives to the bill 7,s4 #adj7 entitled ,an ,act to amend the ,white ,mountain ,apache ,tribe ,water ,rights ,quantification ,act of #bjaj to clarify the use of amounts in the ,,wmat ,settlement ,fund41 with the following ,in lieu of the matter proposed to be inserted by the ,house amendment to the text of the bill1 insert the following3 #a4 ,short title ,this ,act may be cited as the ,frank ,lo,biondo ,coast ,guard ,authorization ,act of #bjah4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,,title ,i--,reorganization of title #ad1 ,united ,states ,code,sec4 #aja4 ,initial matter4,sec4 #ajb4 ,subtitle ,i4,sec4 #ajc4 ,chapter #a4,sec4 #ajd4 ,chapter #c4,sec4 #aje4 ,chapter #e4,sec4 #ajf4 ,chapter #g4,sec4 #ajg4 ,chapter #i4,sec4 #ajh4 ,chapter #aa4,sec4 #aji4 ,subtitle ,,ii4,sec4 #aaj4 ,chapter #ai4,sec4 #aaa4 ,part ,,ii4,sec4 #aab4 ,chapter #ba4,sec4 #aac4 ,chapter #bc4,sec4 #aad4 ,chapter #be4,sec4 #aae4 ,part ,,iii4,sec4 #aaf4 ,chapter #bg4,sec4 #aag4 ,chapter #bi4,sec4 #aah4 ,subtitle ,,iii and chapter #cg4,sec4 #aai4 ,chapter #ci4,sec4 #abj4 ,chapter #da4,sec4 #aba4 ,subtitle ,,iv and chapter #di4,sec4 #abb4 ,chapter #ea4,sec4 #abc4 ,references4,sec4 #abd4 ,rule of construction4,,title ,,ii--,authorizations,sec4 #bja4 ,amendments to title #ad1 ,united ,states ,code1 as amended by title ,i of this ,act4,sec4 #bjb4 ,authorizations of appropriations4,sec4 #bjc4 ,authorized levels of military strength and training4,sec4 #bjd4 ,authorization of amounts for ,fast ,response ,cutters4,sec4 #bje4 ,authorization of amounts for shoreside infrastructure4,sec4 #bjf4 ,authorization of amounts for aircraft improvements4,,title ,,iii--,coast ,guard,sec4 #cja4 ,amendments to title #ad1 ,united ,states ,code1 as amended by title ,i of this ,act4,sec4 #cjb4 ,primary duties4,sec4 #cjc4 ,national ,coast ,guard ,museum4,sec4 #cjd4 ,unmanned aircraft4,sec4 #cje4 ,coast ,guard health-care professionals2 licensure portability4,sec4 #cjf4 ,training2 emergency response providers4,sec4 #cjg4 ,incentive contracts for ,coast ,guard yard and industrial establishments4,sec4 #cjh4 ,confidential investigative expenses4,sec4 #cji4 ,regular captains2 retirement4,sec4 #caj4 ,conversion1 alteration1 and repair projects4,sec4 #caa4 ,contracting for major acquisitions programs4,sec4 #cab4 ,officer promotion zones4,sec4 #cac4 ,cross reference4,sec4 #cad4 ,commissioned service retirement4,sec4 #cae4 ,leave for birth or adoption of child4,sec4 #caf4 ,clothing at time of discharge4,sec4 #cag4 ,unfunded priorities list4,sec4 #cah4 ,safety of vessels of the ,armed ,forces4,sec4 #cai4 ,air facilities4,,title ,,iv--,ports and ,waterways ,safety,sec4 #dja4 ,codification of ,ports and ,waterways ,safety ,act4,sec4 #djb4 ,conforming amendments4,sec4 #djc4 ,transitional and savings provisions4,sec4 #djd4 ,rule of construction4,sec4 #dje4 ,advisory committee3 repeal4,sec4 #djf4 ,regattas and marine parades4,sec4 #djg4 ,regulation of vessels in territorial waters of ,united ,states4,sec4 #djh4 ,port1 harbor1 and coastal facility security4,,title ,v--,maritime ,transportation ,safety,sec4 #eja4 ,consistency in marine inspections4,sec4 #ejb4 ,uninspected passenger vessels in ,st4 ,louis ,county1 ,minnesota4,sec4 #ejc4 ,engine cut-off switch requirements4,sec4 #ejd4 ,exception from survival craft requirements4,sec4 #eje4 ,safety standards4,sec4 #ejf4 ,fishing safety grants4,sec4 #ejg4 ,fishing1 fish tender1 and fish processing vessel certification4,sec4 #ejh4 ,deadline for compliance with alternate safety compliance program4,sec4 #eji4 ,termination of unsafe operations2 technical correction4,sec4 #eaj4 ,technical corrections3 ,licenses1 certificates of registry1 and merchant mariner documents4,sec4 #eaa4 ,clarification of logbook entries4,sec4 #eab4 ,certificates of documentation for recreational vessels4,sec4 #eac4 ,numbering for undocumented barges4,sec4 #ead4 ,backup national timing system4,sec4 #eae4 ,scientific personnel4,sec4 #eaf4 ,transparency4,,title ,,vi--,advisory ,committees,sec4 #fja4 ,national maritime transportation advisory committees4,sec4 #fjb4 ,maritime ,security ,advisory ,committees4,,title ,,vii--,federal ,maritime ,commission,sec4 #gja4 ,short title4,sec4 #gjb4 ,authorization of appropriations4,sec4 #gjc4 ,reporting on impact of alliances on competition4,sec4 #gjd4 ,definition of certain covered services4,sec4 #gje4 ,reports filed with the ,commission4,sec4 #gjf4 ,public participation4,sec4 #gjg4 ,ocean transportation intermediaries4,sec4 #gjh4 ,common carriers4,sec4 #gji4 ,negotiations4,sec4 #gaj4 ,injunctive relief sought by the ,commission4,sec4 #gaa4 ,discussions4,sec4 #gab4 ,transparency4,sec4 #gac4 ,study of bankruptcy preparation and response4,sec4 #gad4 ,agreements unaffected4,,title ,,viii--,miscellaneous,sec4 #hja4 ,repeal of obsolete reporting requirement4,sec4 #hjb4 ,corrections to provisions enacted by ,coast ,guard ,authorization ,acts4,sec4 #hjc4 ,officer evaluation report4,sec4 #hjd4 ,extension of authority4,sec4 #hje4 ,coast ,guard ,,rotc program4,sec4 #hjf4 ,currency detection canine team program4,sec4 #hjg4 ,center of expertise for ,great ,lakes oil spill search and response4,sec4 #hjh4 ,public safety answering points and maritime search and rescue coordination4,sec4 #hji4 ,ship shoal lighthouse transfer3 repeal4,sec4 #haj4 ,land exchange1 ,ayakulik ,island1 ,alaska4,sec4 #haa4 ,use of ,tract #dc4,sec4 #hab4 ,coast ,guard maritime domain awareness4,sec4 #hac4 ,monitoring4,sec4 #had4 ,reimbursements for non-,federal construction costs of certain aids to navigation4,sec4 #hae4 ,towing safety management system fees4,sec4 #haf4 ,oil spill disbursements auditing and report4,sec4 #hag4 ,fleet requirements assessment and strategy4,sec4 #hah4 ,national ,security ,cutter4,sec4 #hai4 ,acquisition plan for inland waterway and river tenders and bay-class icebreakers4,sec4 #hbj4 ,great ,lakes icebreaker acquisition4,sec4 #hba4 ,polar icebreakers4,sec4 #hbb4 ,strategic assets in the ,arctic4,sec4 #hbc4 ,arctic planning criteria4,sec4 #hbd4 ,vessel response plan audit4,sec4 #hbe4 ,waters deemed not navigable waters of the ,united ,states for certain purposes4,sec4 #hbf4 ,documentation of recreational vessels4,sec4 #hbg4 ,equipment requirements2 exemption from throwable personal flotation devices requirement4,sec4 #hbh4 ,visual distress signals and alternative use4,sec4 #hbi4 ,radar refresher training4,sec4 #hcj4 ,commercial fishing vessel safety national communications plan4,sec4 #hca4 ,atlantic ,coast port access route study recommendations4,sec4 #hcb4 ,drawbridges4,sec4 #hcc4 ,waiver4,sec4 #hcd4 ,fire-retardant materials4,sec4 #hce4 ,vessel waiver4,sec4 #hcf4 ,temporary limitations4,sec4 #hcg4 ,transfer of ,coast ,guard property in ,jupiter ,island1 ,florida1 for inclusion in ,hobe ,sound ,national ,wildlife ,refuge4,sec4 #hch4 ,emergency response4,sec4 #hci4 ,drawbridges consultation4,,title ,,ix--,vessel ,incidental ,discharge ,act,sec4 #ija4 ,short title4,sec4 #ijb4 ,purposes2 findings4,sec4 #ijc4 ,standards for discharges incidental to normal operation of vessels4,,title ,x--,hydrographic services and other matters,sec4 #ajja4 ,reauthorization of ,hydrographic ,services ,improvement ,act of #aiih4,sec4 #ajjb4 ,system for tracking and reporting all-inclusive cost of hydrographic surveys4,sec4 #ajjc4 ,homeport of certain research vessels4 ,i ,reorganization of title #ad1 ,united ,states ,code #aja4 ,initial matter ,title #ad1 ,united ,states ,code1 is amended by striking the title designation1 the title heading1 and the table of parts at the beginning and inserting the following3 #ad ,coast ,guard ,subtitle,sec4,i4 ,establishment1 ,powers1 ,duties1 and ,administration#aja;,,ii4 ,personnel#aija;,,iii4 ,coast ,guard ,reserve and ,auxiliary #cgja;,,iv4 ,coast ,guard ,authorizations and ,reports to ,congress#dija 4 #ajb4 ,subtitle ,i ,part ,i of title #ad1 ,united ,states ,code1 is amended by striking the part designation1 the part heading1 and the table of chapters at the beginning and inserting the following3 ,i ,establishment1 ,powers1 ,duties1 and ,administration ,chap4,sec4#a4;,establishment and ,duties#ajac4;,composition and ,organization#cjae4;,functions and ,powers#ejag4;,cooperation#gjai4;,admini stration#ijaaa4;,acquisitions #aaja 4 #ajc4 ,chapter #a 7a7 ,initial matter ,chapter #a of title #ad1 ,united ,states ,code1 is amended by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning and inserting the following3 #a ,establishment and ,duties ,sec4#aja4 ,establishment of ,coast ,guard4#ajb4 ,primary duties4#ajc4 ,department in which the ,coast ,guard operates4#ajd4 ,removing restrictions4#aje4 ,secretary defined4#ajf4 ,commandant defined4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #a of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#a;,establishment of ,coast ,guard#ajab,primary duties#ajbc;,department in which the ,coast ,guard operates#ajcfeb,removing restrictions#ajdd,secretary defined#ajee;,commandant defined#ajf #ajd4 ,chapter #c 7a7 ,initial matter ,chapter #c of title #ad1 ,united ,states ,code1 is amended by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning and inserting the following3 #c ,composition and ,organization ,sec4#cja4 ,grades and ratings4#cjb4 ,commandant2 appointment4#cjc4 ,retirement of ,commandant or ,vice ,commandant4#cjd4 ,vice ,commandant2 appointment4#cje4 ,vice admirals4#cjf4 ,retirement4#cjg4 ,vice admirals and admiral1 continuity of grade4#cjh4 ,chief ,acquisition ,officer4#cji4 ,office of the ,coast ,guard ,reserve2 ,director4#caj4 ,chief of ,staff to ,president3 appointment4#caa4 ,captains of the port4#cab4 ,prevention and response workforces4#cac4 ,centers of expertise for ,coast ,guard prevention and response4#cad4 ,marine industry training program4#cae4 ,training course on workings of ,congress4#caf4 ,national ,coast ,guard ,museum4#cag4 ,united ,states ,coast ,guard ,band2 composition2 director4#cah4 ,environmental ,compliance and ,restoration ,program4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #c of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#da;,grades and ratings#cjadd;,commandant2 appointment#cjbdf,retirement of ,commandant or ,vice ,commandant#cjcdg,vice ,commandant2 appointment#cjdej,vice admirals#cjeea,retirement#cjfeb,vice admirals and admiral1 continuity of grade#cjgef;,chief ,acquisition ,officer#cjhec,office of the ,coast ,guard ,reserve2 ,director#cjied;,chief of ,staff to ,president3 appointment#cajeg,prevention and response workforces#cabeh;,centers of expertise for ,coast ,guard prevention and response#cacei,marine industry training program#cadfj,training course on workings of ,congress#caeih,national ,coast ,guard ,museum#cafccf,united ,states ,coast ,guard ,band2 composition2 director#cag 7c7 ,additional changes 7#a7 ,in general ,chapter #c of title #ad1 ,united ,states ,code1 is further amended-- 7,a7 by inserting after section #caj 7as so redesignated and transferred under subsection 7b77 the following3 #caa4 ,captains of the port ,any officer1 including any petty officer1 may be designated by the ,commandant as captain of the port or ports or adjacent high seas or waters over which the ,united ,states has jurisdiction1 as the ,commandant deems necessary to facilitate execution of ,coast ,guard duties4 2 and 7,b7 by inserting after section #cag 7as so redesignated and transferred under subsection 7b77 the following3 #cah4 ,environmental ,compliance and ,restoration ,program 7a7 ,definitions ,for the purposes of this section-- 7#a7 environment1 facility1 person1 release1 removal1 remedial1 and response have the same meaning they have in section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7#db ,u4,s4,c4 #ifja72 7#b7 hazardous substance has the same meaning it has in section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7#db ,u4,s4,c4 #ifja71 except that it also includes the meaning given oil in section #caa of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba72 and 7#c7 pollutant has the same meaning it has in section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb74 7b7 ,program 7#a7 ,the ,secretary shall carry out a program of environmental compliance and restoration at current and former ,coast ,guard facilities4 7#b7 ,program goals include3 7,a7 ,identifying1 investigating1 and cleaning up contamination from hazardous substances and pollutants4 7,b7 ,correcting other environmental damage that poses an imminent and substantial danger to the public health or welfare or to the environment4 7,c7 ,demolishing and removing unsafe buildings and structures1 including buildings and structures at former ,coast ,guard facilities4 7,d7 ,preventing contamination from hazardous substances and pollutants at current ,coast ,guard facilities4 7#c7 7,a7 ,the ,secretary shall respond to releases of hazardous substances and pollutants-- 7i7 at each ,coast ,guard facility the ,united ,states owns1 leases1 or otherwise possesses2 7ii7 at each ,coast ,guard facility the ,united ,states owned1 leased1 or otherwise possessed when the actions leading to contamination from hazardous substances or pollutants occurred2 and 7iii7 on each vessel the ,coast ,guard owns or operates4 7,b7 ,subparagraph 7,a7 of this paragraph does not apply to a removal or remedial action when a potentially responsible person responds under section #abb of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7#db ,u4,s4,c4 #ifbb74 7,c7 ,the ,secretary shall pay a fee or charge imposed by a ,state authority for permit services for disposing of hazardous substances or pollutants from ,coast ,guard facilities to the same extent that nongovernmental entities are required to pay for permit services4 ,this subparagraph does not apply to a payment that is the responsibility of a lessee1 contractor1 or other private person4 7#d7 ,the ,secretary may agree with another ,federal agency for that agency to assist in carrying out the ,secretary's responsibilities under this section4 ,the ,secretary may enter into contracts1 cooperative agreements1 and grant agreements with ,state and local governments to assist in carrying out the ,secretary's responsibilities under this section4 ,services that may be obtained under this paragraph include identifying1 investigating1 and cleaning up off-site contamination that may have resulted from the release of a hazardous substance or pollutant at a ,coast ,guard facility4 7#e7 ,section #aai of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7#db ,u4,s4,c4 #ifai7 applies to response action contractors that carry out response actions under this section4 ,the ,coast ,guard shall indemnify response action contractors to the extent that adequate insurance is not generally available at a fair price at the time the contractor enters into the contract to cover the contractor's reasonable1 potential1 long-term liability4 7c7 ,amounts recovered for response actions 7#a7 ,all sums appropriated to carry out the ,coast ,guard's environmental compliance and restoration functions under this section or another law shall be credited or transferred to an appropriate ,coast ,guard account1 as determined by the ,commandant and remain available until expended4 7#b7 ,funds may be obligated or expended from such account to carry out the ,coast ,guard's environmental compliance and restoration functions under this section or another law4 7#c7 ,in proposing the budget for any fiscal year under section #aaje of title #ca1 the ,president shall set forth separately the amount requested for the ,coast ,guard's environmental compliance and restoration activities under this section or another law4 7#d7 ,amounts recovered under section #ajg of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7#db ,u4,s4,c4 #ifjg7 for the ,secretary's response actions at current and former ,coast ,guard facilities shall be credited to an appropriate ,coast ,guard account1 as determined by the ,commandant4 7d7 ,annual list of projects to ,congress ,the ,commandant shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a prioritized list of projects eligible for environmental compliance and restoration funding for each fiscal year concurrent with the ,president's budget submission for that fiscal year4 4 7#b7 ,conforming repeals ,sections #fcd1 #fij1 #fia1 #fib1 and #fic of title #ad1 ,united ,states ,code1 are repealed4 #aje4 ,chapter #e 7a7 ,initial matter ,chapter #e of title #ad1 ,united ,states ,code1 is amended by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning and inserting the following3 #e ,functions and ,powers ,subchapter ,i--,general ,powers,sec4#eja4 ,secretary2 general powers4#ejb4 ,delegation of powers by the ,secretary4#ejc4 ,regulations4#ejd4 ,commandant2 general powers4#eje4 ,functions and powers vested in the ,commandant4#ejf4 ,prospective payment of funds necessary to provide medical care4#ejg4 ,appointment of judges4,subchapter ,,ii--,life ,saving and ,law ,enforcement ,authorities#eba4 ,saving life and property4#ebb4 ,law enforcement4#ebc4 ,enforcement authority4#ebd4 ,enforcement of coastwise trade laws4#ebe4 ,special agents of the ,coast ,guard ,investigative ,service law enforcement authority4#ebf4 ,stopping vessels2 indemnity for firing at or into vessel4#ebg4 ,safety of naval vessels4#ebh4 ,protecting against unmanned aircraft4,subchapter ,,iii--,aids to ,navigation#eda4 ,aids to navigation authorized4#edb4 ,unauthorized aids to maritime navigation2 penalty4#edc4 ,interference with aids to navigation2 penalty4#edd4 ,aids to maritime navigation2 penalty4#ede4 ,marking of obstructions4#edf4 ,deposit of damage payments4#edg4 ,rewards for apprehension of persons interfering with aids to navigation4,subchapter ,,iv--,miscellaneous#efa4 ,icebreaking in polar regions4#efb4 ,appeals and waivers4#efc4 ,notification of certain determinations4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #e of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#ib,secretary2 general powers#ejafca;,delegation of powers by the ,secretary#ejbfcc,regulations#ejcic;,com mandant2 general powers#ejdfcb;,functions and powers vested in the ,commandant#ejeebj,prospective payment of funds necessary to provide medical care#ejfaec;,appointment of judges#ejghh,saving life and property#ebahi,law enforcement#ebbii;,enforcement authority#ebcajj;,enforcement of coastwise trade laws#ebdie,special agents of the ,coast ,guard ,investigative ,service law enforcement authority#ebefcg,stopping vessels2 indemnity for firing at or into vessel#ebfia,safety of naval vessels#ebgajd,protecting against unmanned aircraft#ebhha;,aids to navigation authorized#edahc,unauthorized aids to maritime navigation2 penalty#edbhd;,interference with aids to navigation2 penalty#edche;,aids to maritime navigation2 penalty#eddhf,marking of obstructions#edefdb;,deposit of damage payments#edffdc,rewards for apprehension of persons interfering with aids to navigation#edghg;,icebreaking in polar regions#efaaja;,appeals and waivers#efbajc,notification of certain determinations#efc 7c7 ,additional changes ,chapter #e of title #ad1 ,united ,states ,code1 is further amended-- 7#a7 by inserting before section #eja 7as so redesignated and transferred under subsection 7b77 the following3 ,i ,general ,powers 2 7#b7 by inserting before section #eba 7as so redesignated and transferred under subsection 7b77 the following3 ,,ii ,life ,saving and ,law ,enforcement ,authorities 2 7#c7 by inserting before section #eda 7as so redesignated and transferred under subsection 7b77 the following3 ,,iii ,aids to ,navigation 2 and 7#d7 by inserting before section #efa 7as so redesignated and transferred under subsection 7b77 the following3 ,,iv ,miscellaneous 4 #ajf4 ,chapter #g 7a7 ,initial matter ,chapter #g of title #ad1 ,united ,states ,code1 is amended by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning and inserting the following3 #g ,cooperation ,sec4#gja4 ,cooperation with other agencies1 ,states1 territories1 and political subdivisions4#gjb4 ,state ,department4#gjc4 ,treasury ,department4#gjd4 ,department of the ,army and ,department of the ,air ,force4#gje4 ,navy ,department4#gjf4 ,united ,states ,postal ,service4#gjg4 ,department of ,commerce4#gjh4 ,department of ,health and ,human ,services4#gji4 ,maritime instruction4#gaj4 ,assistance to foreign governments and maritime authorities4#gaa4 ,coast ,guard officers as attachs to missions4#gab4 ,contracts with ,government-owned establishments for work and material4#gac4 ,nonappropriated fund instrumentalities3 contracts with other agencies and instrumentalities to provide or obtain goods and services4#gad4 ,arctic maritime domain awareness4#gae4 ,oceanographic research4#gaf4 ,arctic maritime transportation4#gag4 ,agreements4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #g of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#ada;,cooperation with other agencies1 ,states1 territories1 and political subdivisions#gjaadb,state ,department#gjbadc,treasury ,department#gjcadd;,department of the ,army and ,department of the ,air ,force#gjdade,navy ,department#gjeadf,united ,states ,postal ,service#gjfadg;,department of ,commerce#gjgadg;a,department of ,health and ,human ,services#gjhadh,maritime instruction#gjiadi;,assistance to foreign governments and maritime authorities#gajaej;,coast ,guard officers as attachs to missions#gaaaea;,contracts with ,government-owned establishments for work and material#gabaeb,nonappropriated fund instrumentalities3 contracts with other agencies and instrumentalities to provide or obtain goods and services#gacaed;,arctic maritime domain awareness#gadid,oceanographic research#gaeij;,arctic maritime transportation#gafajb;,agreements#gag #ajg4 ,chapter #i 7a7 ,initial matter ,chapter #i of title #ad1 ,united ,states ,code1 is amended by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning and inserting the following3 #i ,administration ,subchapter ,i--,real and ,personal ,property,sec4#ija4 ,disposal of certain material4#ijb4 ,employment of draftsmen and engineers4#ijc4 ,use of certain appropriated funds4#ijd4 ,local hire4#ije4 ,procurement authority for family housing4#ijf4 ,air ,station ,cape ,cod ,improvements4#ijg4 ,long-term lease of special purpose facilities4#ijh4 ,long-term lease authority for lighthouse property4#iji4 ,small boat station rescue capability4#iaj4 ,small boat station closures4#iaa4 ,search and rescue center standards4#iab4 ,air facility closures4#iac4 ,turnkey selection procedures4#iad4 ,disposition of infrastructure related to ,e-,,loran4,subchapter ,,ii--,miscellaneous#ica4 ,oaths required for boards4#icb4 ,administration of oaths4#icc4 ,coast ,guard ensigns and pennants4#icd4 ,penalty for unauthorized use of words ,coast ,guard4#ice4 ,coast ,guard band recordings for commercial sale4#icf4 ,confidentiality of medical quality assurance records2 qualified immunity for participants4#icg4 ,admiralty claims against the ,united ,states4#ich4 ,claims for damage to property of the ,united ,states4#ici4 ,accounting for industrial work4#idj4 ,supplies and equipment from stock4#ida4 ,coast ,guard ,supply ,fund4#idb4 ,public and commercial vessels and other watercraft2 sale of fuel1 supplies1 and services4#idc4 ,arms and ammunition2 immunity from taxation4#idd4 ,confidential investigative expenses4#ide4 ,assistance to film producers4#idf4 ,user fees4#idg4 ,vessel construction bonding requirements4#idh4 ,contracts for medical care for retirees1 dependents1 and survivors3 alternative delivery of health care4#idi4 ,telephone installation and charges4#iej4 ,designation1 powers1 and accountability of deputy disbursing officials4#iea4 ,aircraft accident investigations4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #i of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#fda;,disposal of certain material#ijafec;,employment of draftsmen and engineers#ijbfef,use of certain appropriated funds#ijcfff,local hire#ijdfgj,procurement authority for family housing#ijefga;,air ,station ,cape ,cod ,improvements#ijffgb,long-term lease of special purpose facilities#ijgfgb;a,long-term lease authority for lighthouse property#ijhfgd,small boat station rescue capability#ijifge,small boat station closures#iajfgf,search and rescue center standards#iaafgf;a,air facility closures#iabfgg,turnkey selection procedures#iacfha;,disposition of infrastructure related to ,e-,,loran#iadfce,oaths required for boards#icafcf;,administration of oaths#icbfch;,coast ,guard ensigns and pennants#iccfci,penalty for unauthorized use of words ,coast ,guard#icdfdj;,coast ,guard band recordings for commercial sale#icefde;,confidentiality of medical quality assurance records2 qualified immunity for participants#icffdf;,admiralty claims against the ,united ,states#icgfdg;,claims for damage to property of the ,united ,states#ichfdh;,accounting for industrial work#icifdi,supplies and equipment from stock#idjfej;,coast ,guard ,supply ,fund#idafed,public and commercial vessels and other watercraft2 sale of fuel1 supplies1 and services#idbfee;,arms and ammunition2 immunity from taxation#idcfeh;,confidential investigative expenses#iddfei;,assistance to film producers#ideffd,user fees#idfffg,vessel construction bonding requirements#idgffh;,contracts for medical care for retirees1 dependents1 and survivors3 alternative delivery of health care#idhffi,telephone installation and charges#idifgc;,designation1 powers1 and accountability of deputy disbursing officials#iejfgh;,aircraft accident investigations#iea 7c7 ,additional changes ,chapter #i of title #ad1 ,united ,states ,code1 is further amended-- 7#a7 by inserting before section #ija 7as so redesignated and transferred under subsection 7b77 the following3 ,i ,real and ,personal ,property 2 and 7#b7 by inserting before section #ica 7as so redesignated and transferred under subsection 7b77 the following3 ,,ii ,miscellaneous 4 #ajh4 ,chapter #aa 7a7 ,initial matter ,chapter #aa of title #ad1 ,united ,states ,code1 is amended by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning and inserting the following3 #aa ,acquisitions ,subchapter ,i--,general ,provisions,sec4#aaja4 ,acquisition directorate4#aajb4 ,improvements in ,coast ,guard acquisition management4#aajc4 ,role of ,vice ,commandant in major acquisition programs4#aajd4 ,recognition of ,coast ,guard personnel for excellence in acquisition4#aaje4 ,prohibition on use of lead systems integrators4#aajf4 ,required contract terms4#aajg4 ,extension of major acquisition program contracts4#aajh4 ,department of ,defense consultation4#aaji4 ,undefinitized contractual actions4#aaaj4 ,mission need statement4,subchapter ,,ii--,improved ,acquisition ,process and ,procedures#aaca4 ,identification of major system acquisitions4#aacb4 ,acquisition4#aacc4 ,preliminary development and demonstration4#aacd4 ,acquisition1 production1 deployment1 and support4#aace4 ,acquisition program baseline breach4#aacf4 ,acquisition approval authority4,subchapter ,,iii--,procurement #aaea4 ,restriction on construction of vessels in foreign shipyards4#aaeb4 ,advance procurement funding4#aaec4 ,prohibition on overhaul1 repair1 and maintenance of ,coast ,guard vessels in foreign shipyards4#aaed4 ,procurement of buoy chain4#aaee4 ,contract termination4,subchapter ,,iv--,definitions#aaga4 ,definitions4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #aa of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#efa;,acquisition directorate#aajaefb;,improvements in ,coast ,guard acquisition management#aajbegh,role of ,vice ,commandant in major acquisition programs#aajcefc,recognition of ,coast ,guard personnel for excellence in acquisition#aajdefd,prohibition on use of lead systems integrators#aajeefe,required contract terms#aajfegi;,extension of major acquisition program contracts#aajgeff;,department of ,defense consultation#aajhefg,undefinitized contractual actions#aajiefi,mission need statement#aaajega;,identification of major system acquisitions#aacaegb;,acquisition#aacbeg c,preliminary development and demonstration#aaccegd;,acquisition1 production1 deployment1 and support#aacdege;,acquisition program baseline breach#aaceegf;,acquisition approval authority#aacfffe,restriction on construction of vessels in foreign shipyards#aaeaegg;,advance procurement funding#aaebif,prohibition on overhaul1 repair1 and maintenance of ,coast ,guard vessels in foreign shipyards#aaecig,procurement of buoy chain#aaedfeg;,contract termination#aaeeeha;,definitions#aaga 7c7 ,additional changes ,chapter #aa of title #ad1 ,united ,states ,code1 is further amended-- 7#a7 by striking all subdivision designations and headings in such chapter1 except for-- 7,a7 the chapter designation and heading added by subsection 7a72 7,b7 the subchapter designations and headings added by this subsection2 and 7,c7 any designation or heading of a section or a subdivision of a section2 7#b7 by inserting before section #aaja 7as so redesignated and transferred under subsection 7b77 the following3 ,i ,general ,provisions 2 7#c7 by inserting before section #aaca 7as so redesignated and transferred under subsection 7b77 the following3 ,,ii ,improved ,acquisition ,process and ,procedures 2 7#d7 by inserting before section #aaea 7as so redesignated and transferred under subsection 7b77 the following3 ,,iii ,procurement 2 and 7#e7 by inserting before section #aaga 7as so redesignated and transferred under subsection 7b77 the following3 ,,iv ,definitions 4 #aji4 ,subtitle ,,ii 7a7 ,initial matter ,title #ad1 ,united ,states ,code1 is further amended by inserting after chapter #aa 7as amended by section #ajh7 the following3 ,,ii ,personnel ,chap4,sec4#ai4;,coast ,guard ,academy#aijaba4,personnel2 ,officers#bajabc4,personnel2 ,enlisted#bcjabe4,personnel2 ,general ,provisions#bejabg4,pay1 ,allowances1 ,awards1 and ,other ,rights and ,benefits#bgjabi4;,coast ,guard ,family ,support1 ,child ,care1 and ,housing #bija 4 7b7 ,reserved chapter numbers 7#a7 ,chapter #ac ,chapter #ac of title #ad1 ,united ,states ,code1 is amended by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning4 7#b7 ,chapter #ad ,chapter #ad of title #ad1 ,united ,states ,code1 is amended-- 7,a7 by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning2 and 7,b7 by striking the subchapter designation and the subchapter heading for each of the subchapters of such chapter4 7#c7 ,chapter #ae ,chapter #ae of title #ad1 ,united ,states ,code1 is amended-- 7,a7 by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning2 and 7,b7 by striking the subchapter designation and the subchapter heading for each of the subchapters of such chapter4 7#d7 ,chapter #ag ,chapter #ag of title #ad1 ,united ,states ,code1 is amended by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning4 7#e7 ,chapter #ah ,chapter #ah of title #ad1 ,united ,states ,code1 is amended by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning4 #aaj4 ,chapter #ai 7a7 ,initial matter ,chapter #ai of title #ad1 ,united ,states ,code1 is amended by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning and inserting the following3 #ai ,coast ,guard ,academy ,subchapter ,i--,administration,sec4#aija4 ,administration of ,academy4#aijb4 ,policy on sexual harassment and sexual violence4#aijc4 ,annual ,board of ,visitors4#aijd4 ,participation in ,federal1 ,state1 or other educational research grants4,subchapter ,,ii--,cadets#aiba4 ,corps of ,cadets authorized strength4#aibb4 ,appointments4#aibc4 ,admission of foreign nationals for instruction2 restrictions2 conditions4#aibd4 ,conduct4#aibe4 ,agreement4#aibf4 ,cadet applicants2 preappointment travel to ,academy4#aibg4 ,cadets2 initial clothing allowance4#aibh4 ,cadets2 degree of bachelor of science4#aibi4 ,cadets2 appointment as ensign4#aicj4 ,cadets3 charges and fees for attendance2 limitation4,subchapter ,,iii--,faculty#aida4 ,civilian teaching staff4#aidb4 ,permanent commissioned teaching staff2 composition4#aidc4 ,appointment of permanent commissioned teaching staff4#aidd4 ,grade of permanent commissioned teaching staff4#aide4 ,retirement of permanent commissioned teaching staff4#aidf4 ,credit for service as member of civilian teaching staff4#aidg4 ,assignment of personnel as instructors4#aidh4 ,marine safety curriculum4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #ai of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#aha;,administration of ,academy#aijabjj,policy on sexual harassment and sexual violence#aijbaid;,annual ,board of ,visitors#aijcaif,participation in ,federal1 ,state1 or other educational research grants#aijdaie;,admission of foreign nationals for instruction2 restrictions2 conditions#aibcaha;a,cadet applicants2 preappointment travel to ,academy#aibfahc;,cadets2 initial clothing allowance#aibgahd;,cadets2 degree of bachelor of science#aibhahe;,cadets2 appointment as ensign#aibiaig;,cadets3 charges and fees for attendance2 limitation#aicjahf;,civilian teaching staff#aidaahg,permanent commissioned teaching staff2 composition#aidbahh;,appointment of permanent commissioned teaching staff#aidcahi;,grade of permanent commissioned teaching staff#aiddaij,retirement of permanent commissioned teaching staff#aideaia;,credit for service as member of civilian teaching staff#aidfaib;,assignment of personnel as instructors#aidgaii,marine safety curriculum#aidh 7c7 ,additional changes 7#a7 ,in general ,chapter #ai of title #ad1 ,united ,states ,code1 is further amended-- 7,a7 by inserting before section #aija 7as so redesignated and transferred under subsection 7b77 the following3 ,i ,administration 2 7,b7 by inserting before section #aibc 7as so redesignated and transferred under subsection 7b77 the following3 ,,ii ,cadets #aiba4 ,corps of ,cadets authorized strength ,the number of cadets appointed annually to the ,academy shall be as determined by the ,secretary but the number appointed in any one year shall not exceed six hundred4 #aibb4 ,appointments ,appointments to cadetships shall be made under regulations prescribed by the ,secretary1 who shall determine age limits1 methods of selection of applicants1 term of service as a cadet before graduation1 and all other matters affecting such appointments4 ,in the administration of this section1 the ,secretary shall take such action as may be necessary and appropriate to insure that female individuals shall be eligible for appointment and admission to the ,coast ,guard ,academy1 and that the relevant standards required for appointment1 admission1 training1 graduation1 and commissioning of female individuals shall be the same as those required for male individuals1 except for those minimum essential adjustments in such standards required because of physiological differences between male and female individuals4 2 7,c7 by inserting before section #aibf 7as so redesignated and transferred under subsection 7b77 the following3 #aibd4 ,conduct ,the ,secretary may summarily dismiss from the ,coast ,guard any cadet who1 during his cadetship1 is found unsatisfactory in either studies or conduct1 or may be deemed not adapted for a career in the ,coast ,guard4 ,cadets shall be subject to rules governing discipline prescribed by the ,commandant4 #aibe4 ,agreement 7a7 ,each cadet shall sign an agreement with respect to the cadet's length of service in the ,coast ,guard4 ,the agreement shall provide that the cadet agrees to the following3 7#a7 ,that the cadet will complete the course of instruction at the ,coast ,guard ,academy4 7#b7 ,that upon graduation from the ,coast ,guard ,academy the cadet-- 7,a7 will accept an appointment1 if tendered1 as a commissioned officer of the ,coast ,guard2 and 7,b7 will serve on active duty for at least five years immediately after such appointment4 7#c7 ,that if an appointment described in paragraph 7#b7 is not tendered or if the cadet is permitted to resign as a regular officer before the completion of the commissioned service obligation of the cadet1 the cadet-- 7,a7 will accept an appointment as a commissioned officer in the ,coast ,guard ,reserve2 and 7,b7 will remain in that reserve component until completion of the commissioned service obligation of the cadet4 7b7 7#a7 ,the ,secretary may transfer to the ,coast ,guard ,reserve1 and may order to active duty for such period of time as the ,secretary prescribes 7but not to exceed four years71 a cadet who breaches an agreement under subsection 7a74 ,the period of time for which a cadet is ordered to active duty under this paragraph may be determined without regard to section #fea7;a7 of title #aj4 7#b7 ,a cadet who is transferred to the ,coast ,guard ,reserve under paragraph 7#a7 shall be transferred in an appropriate enlisted grade or rating1 as determined by the ,secretary4 7#c7 ,for the purposes of paragraph 7#a71 a cadet shall be considered to have breached an agreement under subsection 7a7 if the cadet is separated from the ,coast ,guard ,academy under circumstances which the ,secretary determines constitute a breach by the cadet of the cadet's agreement to complete the course of instruction at the ,coast ,guard ,academy and accept an appointment as a commissioned officer upon graduation from the ,coast ,guard ,academy4 7c7 ,the ,secretary shall prescribe regulations to carry out this section4 ,those regulations shall include-- 7#a7 standards for determining what constitutes1 for the purpose of subsection 7b71 a breach of an agreement under subsection 7a72 7#b7 procedures for determining whether such a breach has occurred2 and 7#c7 standards for determining the period of time for which a person may be ordered to serve on active duty under subsection 7b74 7d7 ,in this section1 commissioned service obligation1 with respect to an officer who is a graduate of the ,academy1 means the period beginning on the date of the officer's appointment as a commissioned officer and ending on the sixth anniversary of such appointment or1 at the discretion of the ,secretary1 any later date up to the eighth anniversary of such appointment4 7e7 7#a7 ,this section does not apply to a cadet who is not a citizen or national of the ,united ,states4 7#b7 ,in the case of a cadet who is a minor and who has parents or a guardian1 the cadet may sign the agreement required by subsection 7a7 only with the consent of the parent or guardian4 7f7 ,a cadet or former cadet who does not fulfill the terms of the obligation to serve as specified under section 7a71 or the alternative obligation imposed under subsection 7b71 shall be subject to the repayment provisions of section #cjc;a7e7 of title #cg4 2 and 7,d7 by inserting before section #aida 7as so redesignated and transferred under subsection 7b77 the following3 ,,iii ,faculty 4 7#b7 ,conforming repeal ,section #ahb of title #ad1 ,united ,states ,code1 is repealed4 #aaa4 ,part ,,ii ,part ,,ii of title #ad1 ,united ,states ,code1 is amended by striking the part designation1 the part heading1 and the table of chapters at the beginning4 #aab4 ,chapter #ba 7a7 ,initial matter ,chapter #ba of title #ad1 ,united ,states ,code1 is amended by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning and inserting the following3 #ba ,personnel2 ,officers ,subchapter ,i--,appointment and ,promotion,sec4#baja4 ,original appointment of permanent commissioned officers4#bajb4 ,active duty promotion list4#bajc4 ,number and distribution of commissioned officers on active duty promotion list4#bajd4 ,appointment of temporary officers4#baje4 ,rank of warrant officers4#bajf4 ,selection boards2 convening of boards4#bajg4 ,selection boards2 composition of boards4#bajh4 ,selection boards2 notice of convening2 communication with board4#baji4 ,selection boards2 oath of members4#baaj4 ,number of officers to be selected for promotion4#baaa4 ,promotion zones4#baab4 ,promotion year2 defined4#baac4 ,eligibility of officers for consideration for promotion4#baad4 ,united ,states ,deputy ,marshals in ,alaska4#baae4 ,selection boards2 information to be furnished boards4#baaf4 ,officers to be recommended for promotion4#baag4 ,selection boards2 reports4#baah4 ,selection boards2 submission of reports4#baai4 ,failure of selection for promotion4#babj4 ,special selection boards2 correction of errors4#baba4 ,promotions2 appointments4#babb4 ,removal of officer from list of selectees for promotion4#babc4 ,promotions2 acceptance2 oath of office4#babd4 ,promotions2 pay and allowances4#babe4 ,wartime temporary service promotions4#babf4 ,promotion of officers not included on active duty promotion list4#babg4 ,recall to active duty during war or national emergency4#babh4 ,recall to active duty with consent of officer4#babi4 ,aviation cadets2 appointment as ,reserve officers4,subchapter ,,ii--,discharges2 ,retirements2 ,revocation of ,commissions2 ,separation for ,cause #bada4 ,revocation of commissions during first five years of commissioned service4#badb4 ,regular lieutenants 7junior grade72 separation for failure of selection for promotion4#badc4 ,regular lieutenants2 separation for failure of selection for promotion2 continuation4#badd4 ,regular ,coast ,guard2 officers serving under temporary appointments4#bade4 ,regular lieutenant commanders and commanders2 retirement for failure of selection for promotion4#badf4 ,discharge in lieu of retirement2 separation pay4#badg4 ,regular warrant officers3 separation pay4#badh4 ,separation for failure of selection for promotion or continuation2 time of4#badi4 ,regular captains2 retirement4#baej4 ,captains2 continuation on active duty2 involuntary retirement4#baea4 ,rear admirals and rear admirals 7lower half72 continuation on active duty2 involuntary retirement4#baeb4 ,voluntary retirement after twenty years' service4#baec4 ,voluntary retirement after thirty years' service4#baed4 ,compulsory retirement4#baee4 ,retirement for physical disability after selection for promotion2 grade in which retired4#baef4 ,deferment of retirement or separation for medical reasons4#baeg4 ,flag officers4#baeh4 ,review of records of officers4#baei4 ,boards of inquiry4#bafj4 ,boards of review4#bafa4 ,composition of boards4#bafb4 ,rights and procedures4#bafc4 ,removal of officer from active duty2 action by ,secretary4#bafd4 ,officers considered for removal2 retirement or discharge2 separation benefits4#bafe4 ,relief of retired officer promoted while on active duty4,subchapter ,,iii--,general ,provisions#baha4 ,physical fitness of officers4#bahb4 ,multirater assessment of certain personnel4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #ba of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#baa,original appointment of permanent commissioned officers#bajada;a,active duty promotion list#bajbdb,number and distribution of commissioned officers on active duty promotion list#bajcbad;,appointment of temporary officers#bajdbae,rank of warrant officers#bajebea,selection boards2 convening of boards#bajfbeb,selection boards2 composition of boards#bajgbec,selection boards2 notice of convening2 communication with board#bajhbed,selection boards2 oath of members#bajibee,number of officers to be selected for promotion#baajbef,promotion zones#baaabef;a,promotion year2 defined#baabbeg;,eligibility of officers for consideration for promotion#baacbeh,selection boards2 information to be furnished boards#baaebei,officers to be recommended for promotion#baafbfj,selection boards2 reports#baagbfa,selection boards2 submission of reports#baahbfb;,failure of selection for promotion#baaibfc,special selection boards2 correction of errors#babjbga,promotions2 appointments#bababgb,removal of officer from list of selectees for promotion#babbbgc,promotions2 acceptance2 oath of office#babcbgd,promotions2 pay and allowances#babdbge,wartime temporary service promotions#babebgf,promotion of officers not included on active duty promotion list#babfcca,recall to active duty during war or national emergency#babgccb,recall to active duty with consent of officer#babhcgc;,aviation cadets2 appointment as ,reserve officers#babibha,revocation of commissions during first five years of commissioned service#badabhb,regular lieutenants 7junior grade72 separation for failure of selection for promotion#badbbhc,regular lieutenants2 separation for failure of selection for promotion2 continuation#badcbhd,regular ,coast ,guard2 officers serving under temporary appointments#baddbhe,regular lieutenant commanders and commanders2 retirement for failure of selection for promotion#badebhf;,discharge in lieu of retirement2 separation pay#badfbhf;a,regular warrant officers3 separation pay#badgbhg,separation for failure of selection for promotion or continuation2 time of#badhbhh,regular captains2 retirement#badibhi;,captains2 continuation on active duty2 involuntary retirement#baejbij,rear admirals and rear admirals 7lower half72 continuation on active duty2 involuntary retirement#baeabia,voluntary retirement after twenty years' service#baebbib,voluntary retirement after thirty years' service#baecbic;,compulsory retirement#baedbid,retirement for physical disability after selection for promotion2 grade in which retired#baeebie;,deferment of retirement or separation for medical reasons#baefbif;,flag officers#baegcba,review of records of officers#baehcbb;,boards of inquiry#baeicbc;,boards of review#bafjcbd;,composition of boards#bafacbe,rights and procedures#bafbcbf,removal of officer from active duty2 action by ,secretary#bafccbg,officers considered for removal2 retirement or discharge2 separation benefits#bafdccc,relief of retired officer promoted while on active duty#bafecce,physical fitness of officers#bahadbi,multirater assessment of certain personnel#bahb 7c7 ,additional changes ,chapter #ba of title #ad1 ,united ,states ,code1 is further amended-- 7#a7 by striking all subchapter designations and headings in such chapter1 except for the subchapter designations and headings added by this subsection2 7#b7 by inserting before section #baja 7as so redesignated and transferred under subsection 7b77 the following3 ,i ,appointment and ,promotion 2 7#c7 by inserting before section #baae 7as so redesignated and transferred under subsection 7b77 the following3 #baad4 ,united ,states ,deputy ,marshals in ,alaska ,commissioned officers may be appointed as ,united ,states ,deputy ,marshals in ,alaska4 2 7#d7 by inserting before section #bada 7as so redesignated and transferred under subsection 7b77 the following3 ,,ii ,discharges2 ,retirements2 ,revocation of ,commissions2 ,separation for ,cause 2 and 7#e7 by inserting before section #baha 7as so redesignated and transferred under subsection 7b77 the following3 ,,iii ,general ,provisions 4 #aac4 ,chapter #bc 7a7 ,initial matter ,chapter #bc of title #ad1 ,united ,states ,code1 is amended by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning and inserting the following3 #bc ,personnel2 ,enlisted ,sec4#bcja4 ,recruiting campaigns4#bcjb4 ,enlistments2 term1 grade4#bcjc4 ,promotion4#bcjd4 ,compulsory retirement at age of sixty-two4#bcje4 ,voluntary retirement after thirty years' service4#bcjf4 ,voluntary retirement after twenty years' service4#bcjg4 ,retirement of enlisted members3 increase in retired pay4#bcjh4 ,recall to active duty during war or national emergency4#bcji4 ,recall to active duty with consent of member4#bcaj4 ,relief of retired enlisted member promoted while on active duty4#bcaa4 ,retirement in cases where higher grade or rating has been held4#bcab4 ,extension of enlistments4#bcac4 ,retention beyond term of enlistment in case of disability4#bcad4 ,detention beyond term of enlistment4#bcae4 ,inclusion of certain conditions in enlistment contract4#bcaf4 ,discharge within three months before expiration of enlistment4#bcag4 ,aviation cadets2 procurement2 transfer4#bcah4 ,aviation cadets2 benefits4#bcai4 ,critical skill training bonus4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #bc of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#cej,recruiting campaigns#bcjacea;,enlistments2 term1 grade#bcjbceb,promotion#bcjccec;,compuls ory retirement at age of sixty-two#bcjdced,voluntary retirement after thirty years' service#bcjecee,voluntary retirement after twenty years' service#bcjfceg,retirement of enlisted members3 increase in retired pay#bcjgcei,recall to active duty during war or national emergency#bcjhcfj,recall to active duty with consent of member#bcjicfa,relief of retired enlisted member promoted while on active duty#bcajcfb,retirement in cases where higher grade or rating has been held#bcaacfe;,extension of enlistments#bcabcff,retention beyond term of enlistment in case of disability#bcaccfg;,detention beyond term of enlistment#bcadcfi;,inclusion of certain conditions in enlistment contract#bcaecgj;,discharge within three months before expiration of enlistment#bcafcga;,aviation cadets2 procurement2 transfer#bcagcgb;,aviation cadets2 benefits#bcahcgd;,critical skill training bonus#bcai #aad4 ,chapter #be 7a7 ,initial matter ,chapter #be of title #ad1 ,united ,states ,code1 is amended by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning and inserting the following3 #be ,personnel2 ,general ,provisions ,subchapter ,i--,general ,provisions,sec4#beja4 ,grade on retirement4#bejb4 ,retirement4#bejc4 ,status of recalled personnel4#bejd4 ,computation of retired pay4#beje4 ,limitations on retirement and retired pay4#bejf4 ,suspension of payment of retired pay of members who are absent from the ,united ,states to avoid prosecution4#bejg4 ,board for ,correction of ,military ,records deadline4#bejh4 ,emergency leave retention authority4#beji4 ,prohibition of certain involuntary administrative separations4#beaj4 ,sea service letters4#beaa4 ,investigations of flag officers and ,senior ,executive ,service employees4#beab4 ,leave policies for the ,coast ,guard4#beac4 ,computation of length of service4,subchapter ,,ii--,lighthouse ,service#beca4 ,personnel of former ,lighthouse ,service4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #be of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#ccd;,grade on retirement#bejadba,retirement#bejbdbb,st atus of recalled personnel#bejcdbc;,computation of retired pay#bejddbd,limitations on retirement and retired pay#bejedbd;a,suspension of payment of retired pay of members who are absent from the ,united ,states to avoid prosecution#bejfdbe;,board for ,correction of ,military ,records deadline#bejgdbf;,emergency leave retention authority#bejhdbg,prohibition of certain involuntary administrative separations#bejidbh,sea service letters#beajdcj;,investigations of flag officers and ,senior ,executive ,service employees#beaadca,leave policies for the ,coast ,guard#beabdfg;,computation of length of service#beacdcb,personnel of former ,lighthouse ,service#beca 7c7 ,additional changes ,chapter #be of title #ad1 ,united ,states ,code1 is further amended-- 7#a7 by inserting before section #beja 7as so redesignated and transferred under subsection 7b77 the following3 ,i ,general ,provisions 2 and 7#b7 by inserting before section #beca 7as so redesignated and transferred under subsection 7b77 the following3 ,,ii ,lighthouse ,service 4 #aae4 ,part ,,iii ,part ,,iii of title #ad1 ,united ,states ,code1 is amended by striking the part designation1 the part heading1 and the table of chapters at the beginning4 #aaf4 ,chapter #bg 7a7 ,initial matter ,chapter #bg of title #ad1 ,united ,states ,code1 is amended by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning and inserting the following3 #bg ,pay1 ,allowances1 ,awards1 and ,other ,rights and ,benefits ,subchapter ,i--,personnel ,rights and ,benefits,sec4#bgja4 ,procurement of personnel4#bgjb4 ,training4#bgjc4 ,contingent expenses4#bgjd4 ,equipment to prevent accidents4#bgje4 ,clothing at time of discharge for good of service4#bgjf4 ,right to wear uniform4#bgjg4 ,protection of uniform4#bgjh4 ,clothing for officers and enlisted personnel4#bgji4 ,procurement and sale of stores to members and civilian employees4#bgaj4 ,disposition of effects of decedents4#bgaa4 ,deserters2 payment of expenses incident to apprehension and delivery2 penalties4#bgab4 ,payment for the apprehension of stragglers4,subchapter ,,ii--,awards#bgca4 ,delegation of powers to make awards2 rules and regulations4#bgcb4 ,medal of honor4#bgcc4 ,medal of honor3 duplicate medal4#bgcd4 ,medal of honor3 presentation of ,medal of ,honor ,flag4#bgce4 ,coast ,guard cross4#bgcf4 ,distinguished service medal4#bgcg4 ,silver star medal4#bgch4 ,distinguished flying cross4#bgci4 ,coast ,guard medal4#bgdj4 ,insignia for additional awards4#bgda4 ,time limit on award2 report concerning deed4#bgdb4 ,honorable subsequent service as condition to award4#bgdc4 ,posthumous awards4#bgdd4 ,life-saving medals4#bgde4 ,replacement of medals4#bgdf4 ,award of other medals4#bgdg4 ,awards and insignia for excellence in service or conduct4#bgdh4 ,presentation of ,united ,states flag upon retirement4,subchapter ,,iii--,payments#bgfa4 ,persons discharged as result of court-martial2 allowances to4#bgfb4 ,shore patrol duty2 payment of expenses4#bgfc4 ,compensatory absence from duty for military personnel at isolated duty stations4#bgfd4 ,monetary allowance for transportation of household effects4#bgfe4 ,retroactive payment of pay and allowances delayed by administrative error or oversight4#bgff4 ,travel card management4#bgfg4 ,reimbursement for medical-related travel expenses for certain persons residing on islands in the continental ,united ,states4#bgfh4 ,annual audit of pay and allowances of members undergoing permanent change of station4#bgfi4 ,remission of indebtedness4#bggj4 ,special instruction at universities4#bgga4 ,attendance at professional meetings4#bggb4 ,education loan repayment program4#bggc4 ,rations or commutation therefor in money4#bggd4 ,sales of ration supplies to messes4#bgge4 ,flight rations4#bggf4 ,payments at time of discharge for good of service4#bggg4 ,clothing for destitute shipwrecked persons4#bggh4 ,advancement of public funds to personnel4#bggi4 ,transportation to and from certain places of employment4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #bg of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#dfh,procurement of personnel#bgjadfi,training#bgjbdgf;,cont ingent expenses#bgjcdgg;,equipment to prevent accidents#bgjddhb;,clothing at time of discharge for good of service#bgjedhc,right to wear uniform#bgjfdhd,protection of uniform#bgjgdhe;,clothing for officers and enlisted personnel#bgjhdhg,procurement and sale of stores to members and civilian employees#bgjiejg;,disposition of effects of decedents#bgajejh;,deserters2 payment of expenses incident to apprehension and delivery2 penalties#bgaafdd,payment for the apprehension of stragglers#bgabdii;,delegation of powers to make awards2 rules and regulations#bgcadia,medal of honor#bgcbejd,medal of honor3 duplicate medal#bgcceje,medal of honor3 presentation of ,medal of ,honor ,flag#bgcddia;a,coast ,guard cross#bgcedib;,distinguished service medal#bgcfdib;a,silver star medal#bgcgdib;b,distinguished flying cross#bgchdic;,coast ,guard medal#bgcidid;,insignia for additional awards#bgdjdif,time limit on award2 report concerning deed#bgdadig;,honorable subsequent service as condition to award#bgdbdih,posthumous awards#bgdcejj,life-saving medals#bgddeja,replacement of medals#bgdeejb;,award of other medals#bgdfejc;,awards and insignia for excellence in service or conduct#bgdgeaf,presentation of ,united ,states flag upon retirement#bgdheji,persons discharged as result of court-martial2 allowances to#bgfaeaj,shore patrol duty2 payment of expenses#bgfbeaa;,compensatory absence from duty for military personnel at isolated duty stations#bgfceab,monetary allowance for transportation of household effects#bgfdeac,retroactive payment of pay and allowances delayed by administrative error or oversight#bgfeeag,travel card management#bgffeah,reimbursement for medical-related travel expenses for certain persons residing on islands in the continental ,united ,states#bgfgeai;,annual audit of pay and allowances of members undergoing permanent change of station#bgfhdfa,remission of indebtedness#bgfidgj,special instruction at universities#bggjdga;,attendance at professional meetings#bggadgb;,education loan repayment program#bggbdgh,rations or commutation therefor in money#bggcdgi,sales of ration supplies to messes#bggddhj;,flight rations#bggedha,payments at time of discharge for good of service#bggfdhf;,clothing for destitute shipwrecked persons#bgggdhh;,advancement of public funds to personnel#bgghffj,transportation to and from certain places of employment#bggi 7c7 ,additional changes ,chapter #bg of title #ad1 ,united ,states ,code1 is further amended-- 7#a7 by inserting before section #bgja 7as so redesignated and transferred under subsection 7b77 the following3 ,i ,personnel ,rights and ,benefits 2 7#b7 by inserting before section #bgca 7as so redesignated and transferred under subsection 7b77 the following3 ,,ii ,awards 2 and 7#c7 by inserting before section #bgfa 7as so redesignated and transferred under subsection 7b77 the following3 ,,iii ,payments 4 #aag4 ,chapter #bi 7a7 ,initial matter ,chapter #bi of title #ad1 ,united ,states ,code1 is amended by striking the chapter designation1 the chapter heading1 and the table of sections at the beginning and inserting the following3 #bi ,coast ,guard ,family ,support1 ,child ,care1 and ,housing ,subchapter ,i--,coast ,guard ,families,sec4#bija4 ,work-life policies and programs4#bijb4 ,surveys of ,coast ,guard families4#bijc4 ,reimbursement for adoption expenses4#bijd4 ,education and training opportunities for ,coast ,guard spouses4#bije4 ,youth sponsorship initiatives4#bijf4 ,dependent school children4,subchapter ,,ii--,coast ,guard ,child ,care #biba4 ,definitions4#bibb4 ,child development services4#bibc4 ,child development center standards and inspections4#bibd4 ,child development center employees4#bibe4 ,parent partnerships with child development centers4,subchapter ,,iii--,housing #bida4 ,definitions4#bidb4 ,general authority4#bidc4 ,leasing and hiring of quarters2 rental of inadequate housing4#bidd4 ,retired service members and dependents serving on advisory committees4#bide4 ,conveyance of real property4#bidf4 ,coast ,guard ,housing ,fund4#bidg4 ,reports4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #bi of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#eca,work-life policies and programs#bijaecb,surveys of ,coast ,guard families#bijbeda,reimbursement for adoption expenses#bijcedb;,education and training opportunities for ,coast ,guard spouses#bijdedc,youth sponsorship initiatives#bijeedd;,dependent school children#bijfeea;,definitions#bibaeeb;,c hild development services#bibbeec;,child development center standards and inspections#bibceed;,child development center employees#bibdeee,parent partnerships with child development centers#bibefhj;,definitions#bidafha;,ge neral authority#bidbdge,leasing and hiring of quarters2 rental of inadequate housing#bidcfhj,retired service members and dependents serving on advisory committees#biddfhe;,conveyance of real property#bidefhg;,coast ,guard ,housing ,fund#bidffhh,reports#bidg 7c7 ,additional changes ,chapter #bi of title #ad1 ,united ,states ,code1 is further amended-- 7#a7 by inserting before section #bija 7as so redesignated and transferred under subsection 7b77 the following3 ,i ,coast ,guard ,families 2 7#b7 by inserting before section #biba 7as so redesignated and transferred under subsection 7b77 the following3 ,,ii ,coast ,guard ,child ,care 2 and 7#c7 by inserting before section #bida 7as so redesignated and transferred under subsection 7b77 the following3 ,,iii ,housing 4 #aah4 ,subtitle ,,iii and chapter #cg 7a7 ,initial matter ,title #ad1 ,united ,states ,code1 is further amended by adding after chapter #bi 7as amended by section #aag7 the following3 ,,iii ,coast ,guard ,reserve and ,auxiliary ,chap4,sec4#cg4;,coast ,guard ,reserve#cgjaci4;,coast ,guard ,auxiliary#cijada4;,general ,provisions for ,coast ,guard ,reserve and ,auxiliary#daja #a ,coast ,guard ,reserve ,subchapter ,i--,administration,sec4#cgja4 ,organization4#cgjb4 ,authorized strength4#cgjc4 ,coast ,guard ,reserve ,boards4#cgjd4 ,grades and ratings2 military authority4#cgje4 ,benefits4#cgjf4 ,temporary members of the ,reserve2 eligibility and compensation4#cgjg4 ,temporary members of the ,reserve2 disability or death benefits4#cgjh4 ,temporary members of the ,reserve2 certificate of honorable service4#cgji4 ,reserve student aviation pilots2 ,reserve aviation pilots2 appointments in commissioned grade4#cgaj4 ,reserve student pre-commissioning assistance program4#cgaa4 ,appointment or wartime promotion2 retention of grade upon release from active duty4#cgab4 ,exclusiveness of service4#cgac4 ,active duty for emergency augmentation of regular forces4#cgad4 ,enlistment of members engaged in schooling4,subchapter ,,ii--,personnel#cgca4 ,definitions4#cgcb4 ,applicability of this subchapter4#cgcc4 ,suspension of this subchapter in time of war or national emergency4#cgcd4 ,effect of this subchapter on retirement and retired pay4#cgce4 ,authorized number of officers4#cgcf4 ,precedence4#cgcg4 ,running mates4#cgch4 ,constructive credit upon initial appointment4#cgci4 ,promotion of ,reserve officers on active duty4#cgdj4 ,promotion2 recommendations of selection boards4#cgda4 ,selection boards2 appointment4#cgdb4 ,establishment of promotion zones under running mate system4#cgdc4 ,eligibility for promotion4 #cgdd4 ,recommendation for promotion of an officer previously removed from an active status4#cgde4 ,qualifications for promotion4#cgdf4 ,promotion2 acceptance2 oath of office4#cgdg4 ,date of rank upon promotion2 entitlement to pay4#cgdh4 ,type of promotion2 temporary4#cgdi4 ,effect of removal by the ,president or failure of consent of the ,senate4#cgej4 ,failure of selection for promotion4#cgea4 ,failure of selection and removal from an active status4#cgeb4 ,retention boards2 removal from an active status to provide a flow of promotion4#cgec4 ,maximum ages for retention in an active status4#cged4 ,rear admiral and rear admiral 7lower half72 maximum service in grade4#cgee4 ,appointment of a former ,navy or ,coast ,guard officer4#cgef4 ,grade on entry upon active duty4#cgeg4 ,recall of a retired officer2 grade upon release4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #cg of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#gja,organization#cgjagjb;, authorized strength#cgjbgjc;,coast ,guard ,reserve ,boards#cgjcgjd;,grades and ratings2 military authority#cgjdgje;,benefits#cgjegjf,temp orary members of the ,reserve2 eligibility and compensation#cgjfgjg,temporary members of the ,reserve2 disability or death benefits#cgjggjh,temporary members of the ,reserve2 certificate of honorable service#cgjhgji,reserve student aviation pilots2 ,reserve aviation pilots2 appointments in commissioned grade#cgjigji;a,reserve student pre-commissioning assistance program#cgajgaj;,appointment or wartime promotion2 retention of grade upon release from active duty#cgaagaa;,exclusiveness of service#cgabgab;,active duty for emergency augmentation of regular forces#cgacgac;,enlistment of members engaged in schooling#cgadgbj;,definitions#cgcagba;, applicability of this subchapter#cgcbgbb,suspension of this subchapter in time of war or national emergency#cgccgbc;,effect of this subchapter on retirement and retired pay#cgcdgbd;,authorized number of officers#cgcegbe,precedence#cgcfgbf,runn ing mates#cgcggbg;,constructive credit upon initial appointment#cgchgbh,promotion of ,reserve officers on active duty#cgcigbi,promotion2 recommendations of selection boards#cgdjgcj,selection boards2 appointment#cgdagca;,establishment of promotion zones under running mate system#cgdbgcb;,eligibility for promotion#cgdcgcc,recommendation for promotion of an officer previously removed from an active status#cgddgcd,qualifications for promotion#cgdegce,promotion2 acceptance2 oath of office#cgdfgcf;,date of rank upon promotion2 entitlement to pay#cgdggcg,type of promotion2 temporary#cgdhgch;,effect of removal by the ,president or failure of consent of the ,senate#cgdigci;,failure of selection for promotion#cgejgdj;,failure of selection and removal from an active status#cgeagda,retention boards2 removal from an active status to provide a flow of promotion#cgebgdb,maximum ages for retention in an active status#cgecgdc,rear admiral and rear admiral 7lower half72 maximum service in grade#cgedgdd;,appointment of a former ,navy or ,coast ,guard officer#cgeegde;,grade on entry upon active duty#cgefgdf,recall of a retired officer2 grade upon release#cgeg 7c7 ,additional changes ,chapter #cg of title #ad1 ,united ,states ,code1 is further amended-- 7#a7 by inserting before section #cgja 7as so redesignated and transferred under subsection 7b77 the following3 ,i ,administration 2 and 7#b7 by inserting before section #cgca 7as so redesignated and transferred under subsection 7b77 the following3 ,,ii ,personnel 4 #aai4 ,chapter #ci 7a7 ,initial matter ,title #ad1 ,united ,states ,code1 is further amended by adding after chapter #cg 7as added by section #aah7 the following3 #ci ,coast ,guard ,auxiliary ,sec4#cija4 ,administration of the ,coast ,guard ,auxiliary4#cijb4 ,purpose of the ,coast ,guard ,auxiliary4#cijc4 ,eligibility2 enrollments4#cijd4 ,members of the ,auxiliary2 status4#cije4 ,disenrollment4#cijf4 ,membership in other organizations4#cijg4 ,use of member's facilities4#cijh4 ,vessel deemed public vessel4#ciji4 ,aircraft deemed public aircraft4#ciaj4 ,radio station deemed government station4#ciaa4 ,availability of appropriations4#ciab4 ,assignment and performance of duties4#ciac4 ,injury or death in line of duty4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #ci of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#hba;,administration of the ,coast ,guard ,auxiliary#cijahbb,purpose of the ,coast ,guard ,auxiliary#cijbhbc;,eligibility2 enrollments#cijchbc;a,members of the ,auxiliary2 status#cijdhbd;,disenrollment#cijehbe,me mbership in other organizations#cijfhbf,use of member's facilities#cijghbg,vessel deemed public vessel#cijhhbh;,aircraft deemed public aircraft#cijihbi,radio station deemed government station#ciajhcj;,availability of appropriations#ciaahca;,assignment and performance of duties#ciabhcb;,injury or death in line of duty#ciac #abj4 ,chapter #da 7a7 ,initial matter ,title #ad1 ,united ,states ,code1 is further amended by adding after chapter #ci 7as added by section #aai7 the following3 #da ,general ,provisions for ,coast ,guard ,reserve and ,auxiliary ,sec4#daja4 ,flags2 pennants2 uniforms and insignia4#dajb4 ,penalty4#dajc4 ,limitation on rights of members of the ,auxiliary and temporary members of the ,reserve4#dajd4 ,availability of facilities and appropriations4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #da of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#hia;,flags2 pennants2 uniforms and insignia#dajahib,penalty#dajbhic,limitat ion on rights of members of the ,auxiliary and temporary members of the ,reserve#dajchid;,availability of facilities and appropriations#dajd #aba4 ,subtitle ,,iv and chapter #di 7a7 ,initial matter ,title #ad1 ,united ,states ,code1 is further amended by adding after chapter #da 7as added by section #abj7 the following3 ,,iv ,coast ,guard ,authorizations and ,reports to ,congress ,chap4,sec4#di4;,authorizations#dijaea4, reports#eaja #di ,authorizations ,sec4#dija4 ,requirement for prior authorization of appropriations4#dijb4 ,authorization of appropriations4#dijc4 ,authorization of personnel end strengths4#dijd4 ,authorized levels of military strength and training4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #di of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#bgja,requirement for prior authorization of appropriations#dijabgjb;,authorization of appropriations#dijbbgjc;,authorization of personnel end strengths#dijcbgjd;,authorized levels of military strength and training#dijd #abb4 ,chapter #ea 7a7 ,initial matter ,title #ad1 ,united ,states ,code1 is further amended by adding after chapter #di 7as added by section #aba7 the following3 #ea ,reports ,sec4#eaja4 ,transmission of annual ,coast ,guard authorization request4#eajb4 ,capital investment plan4#eajc4 ,major acquisitions4#eajd4 ,manpower requirements plan4#eaje4 ,inventory of real property4#eajf4 ,annual performance report4#eajg4 ,major acquisition risk assessment4 4 7b7 ,redesignations and transfers 7#a7 ,requirement ,the sections of title #ad1 ,united ,states ,code1 identified in the table provided in paragraph 7#b7 are amended-- 7,a7 by redesignating the sections as described in the table2 and 7,b7 by transferring the sections1 as necessary1 so that the sections appear after the table of sections for chapter #ea of such title 7as added by subsection 7a771 in the order in which the sections are presented in the table4 7#b7 ,table ,the table referred to in paragraph 7#a7 is the following3 ,title #ad section number before redesignation,section heading 7provided for identification purposes only-not amended7,title #ad section number after redesignation#bija,transmission of annual ,coast ,guard authorization request#eajabijb;,capital investment plan#eajbbijc,major acquisitions#eajcbijd,manpower requirements plan#eajdfgi;,inventory of real property#eajebije;,annual performance report#eajfbijf,major acquisition risk assessment#eajg #abc4 ,references 7a7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,redesignated section ,the term redesignated section means a section of title #ad1 ,united ,states ,code1 that is redesignated by this title1 as that section is so redesignated4 7#b7 ,source section ,the term source section means a section of title #ad1 ,united ,states ,code1 that is redesignated by this title1 as that section was in effect before the redesignation4 7b7 ,reference to source section 7#a7 ,treatment of reference ,a reference to a source section1 including a reference in a regulation1 order1 or other law1 is deemed to refer to the corresponding redesignated section4 7#b7 ,title #ad ,in title #ad1 ,united ,states ,code1 each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate1 as determined using the tables located in this title1 redesignated section4 7c7 ,other conforming amendments 7#a7 ,reference to section #ahb ,section #aibc7;c7 of title #ad1 ,united ,states ,code1 as so redesignated by this title1 is further amended by striking section #ahb and inserting section #aibb4 7#b7 ,references to chapter #aa ,title #ad1 ,united ,states ,code1 is further amended-- 7,a7 in section #badf7;d71 as so redesignated by this title1 by striking chapter #aa of this title and inserting this chapter2 and 7,b7 in section #cgci1 as so redesignated by this title1 by striking chapter #aa each place that it appears and inserting chapter #ba4 7#c7 ,reference to chapter #ac ,section #cgje7;b7 of title #ad1 ,united ,states ,code1 as so redesignated by this title1 is further amended by striking chapter #ac and inserting chapter #bg4 7#d7 ,reference to chapter #ae ,section #cjh7;b77#c7 of title #ad1 ,united ,states ,code1 as so redesignated by this title1 is further amended by striking chapter #ae and inserting chapter #aa4 7#e7 ,references to chapter #ai ,title #ad1 ,united ,states ,code1 is further amended-- 7,a7 in section #dija7d71 as so redesignated by this title1 by striking chapter #ai and inserting section #cah2 and 7,b7 in section #dijb7d71 as so redesignated by this title1 by striking chapter #ai and inserting section #cah4 7#f7 ,reference to chapter #bc ,section #gja7;a7 of title #ad1 ,united ,states ,code1 as so redesignated by this title1 is further amended by striking chapter #bc and inserting chapter #ci4 #abd4 ,rule of construction ,this title1 including the amendments made by this title1 is intended only to reorganize title #ad1 ,united ,states ,code1 and may not be construed to alter-- 7#a7 the effect of a provision of title #ad1 ,united ,states ,code1 including any authority or requirement therein2 7#b7 a department or agency interpretation with respect to title #ad1 ,united ,states ,code2 or 7#c7 a judicial interpretation with respect to title #ad1 ,united ,states ,code4 ,,ii ,authorizations #bja4 ,amendments to title #ad1 ,united ,states ,code1 as amended by title ,i of this ,act ,except as otherwise expressly provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or a repeal of1 a section or other provision of title #ad1 ,united ,states ,code1 the reference shall be considered to be made to title #ad1 ,united ,states ,code1 as amended by title ,i of this ,act4 #bjb4 ,authorizations of appropriations 7a7 ,in general ,section #dijb of title #ad1 ,united ,states ,code1 is amended to read as follows3 #dijb4 ,authorizations of appropriations 7a7 ,fiscal year #bjah ,funds are authorized to be appropriated for fiscal year #bjah for necessary expenses of the ,coast ,guard as follows3 7#a7 ,for the operation and maintenance of the ,coast ,guard1 not otherwise provided for1 #g1baj1cac1jjj for fiscal year #bjah4 7#b7 ,for the acquisition1 construction1 renovation1 and improvement of aids to navigation1 shore facilities1 vessels1 aircraft1 and systems1 including equipment related thereto1 and for maintenance1 rehabilitation1 lease1 and operation of facilities and equipment1 #b1fid1gde1jjj for fiscal year #bjah4 7#c7 ,for the ,coast ,guard ,reserve program1 including operations and maintenance of the program1 personnel and training costs1 equipment1 and services1 #aad1hge1jjj for fiscal year #bjah4 7#d7 ,for the environmental compliance and restoration functions of the ,coast ,guard under chapter #c of this title1 #ac1cig1jjj for fiscal year #bjah4 7#e7 ,to the ,commandant 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 equipment1 #bi1ada1jjj for fiscal year #bjah4 7b7 ,fiscal year #bjai ,funds are authorized to be appropriated for fiscal year #bjai for necessary expenses of the ,coast ,guard as follows3 7#a7 7,a7 ,for the operation and maintenance of the ,coast ,guard1 not otherwise provided for1 #g1iad1aie1jjj for fiscal year #bjai4 7,b7 ,of the amount authorized under subparagraph 7,a7-- 7i7 #af1gja1jjj shall be for environmental compliance and restoration2 and 7ii7 #aii1cfj1jjj shall be for the ,coast ,guard's ,medicare-eligible retiree health care fund contribution to the ,department of ,defense4 7#b7 ,for the procurement1 construction1 renovation1 and improvement of aids to navigation1 shore facilities1 vessels1 aircraft1 and systems1 including equipment related thereto1 and for maintenance1 rehabilitation1 lease1 and operation of facilities and equipment1 #b1fid1gde1jjj for fiscal year #bjai4 7#c7 ,to the ,commandant 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 equipment1 #bi1ada1jjj for fiscal year #bjai4 4 7b7 ,repeal ,on ,october #a1 #bjah-- 7#a7 section #dijb7;a7 of title #ad1 ,united ,states ,code1 as amended by subsection 7a71 shall be repealed2 and 7#b7 subsection #dijb7;b7 of title #ad1 ,united ,states ,code1 as amended by subsection 7a71 shall be amended by striking 7b7 ,fiscal year #bjai4--4 #bjc4 ,authorized levels of military strength and training ,section #dijd of title #ad1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking for each of fiscal years #bjaf and #bjag and inserting for fiscal year #bjah and #dd1ejj for fiscal year #bjai2 and 7#b7 in subsection 7b71 by striking fiscal years #bjaf and #bjag and inserting fiscal years #bjah and #bjai4 #bjd4 ,authorization of amounts for ,fast ,response ,cutters 7a7 ,in general ,of the amounts authorized under section #dijb of title #ad1 ,united ,states ,code1 as amended by this ,act1 for each of fiscal years #bjah and #bjai up to #afg1ejj1jjj is authorized for the acquisition of #c ,fast ,response ,cutters4 7b7 ,treatment of acquired cutters ,any cutters acquired pursuant to subsection 7a7 shall be in addition to the #eh cutters approved under the existing acquisition baseline4 #bje4 ,authorization of amounts for shoreside infrastructure ,of the amounts authorized under section #dijb of title #ad1 ,united ,states ,code1 as amended by this ,act1 for each of fiscal years #bjah and #bjai up to #afg1ejj1jjj is authorized for the ,secretary of the department in which the ,coast ,guard is operating to fund the acquisition1 construction1 rebuilding1 or improvement of ,coast ,guard shoreside infrastructure and facilities necessary to support ,coast ,guard operations and readiness4 #bjf4 ,authorization of amounts for aircraft improvements ,of the amounts authorized under section #dijb of title #ad1 ,united ,states ,code1 as amended by this ,act1 for each of fiscal years #bjah and #bjai up to #c1ejj1jjj is authorized for the ,secretary of the department in which the ,coast ,guard is operating to fund analysis and program development for improvements to or the replacement of rotary-wing aircraft4 ,,iii ,coast ,guard #cja4 ,amendments to title #ad1 ,united ,states ,code1 as amended by title ,i of this ,act ,except as otherwise expressly provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or a repeal of1 a section or other provision of title #ad1 ,united ,states ,code1 the reference shall be considered to be made to title #ad1 ,united ,states ,code1 as amended by title ,i of this ,act4 #cjb4 ,primary duties ,section #ajb7g7 of title #ad1 ,united ,states ,code1 is amended to read as follows3 7#g7 maintain a state of readiness to assist in the defense of the ,united ,states1 including when functioning as a specialized service in the ,navy pursuant to section #ajc4 4 #cjc4 ,national ,coast ,guard ,museum ,section #caf of title #ad1 ,united ,states ,code1 is amended to read as follows3 #caf4 ,national ,coast ,guard ,museum 7a7 ,establishment ,the ,commandant may establish a ,national ,coast ,guard ,museum1 on lands which will be federally owned and administered by the ,coast ,guard1 and are located in ,new ,london1 ,connecticut1 at1 or in close proximity to1 the ,coast ,guard ,academy4 7b7 ,limitation on expenditures 7#a7 ,the ,secretary shall not expend any funds appropriated to the ,coast ,guard on the construction of any museum established under this section4 7#b7 ,the ,secretary shall fund the ,national ,coast ,guard ,museum with nonappropriated and non-,federal funds to the maximum extent practicable4 ,the priority use of ,federal 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 7#c7 ,the ,secretary may expend funds appropriated to the ,coast ,guard on the engineering and design of a ,national ,coast ,guard ,museum4 7c7 ,funding plan ,before the date on which the ,commandant establishes a ,national ,coast ,guard ,museum under subsection 7a71 the ,commandant shall provide 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 for constructing1 operating1 and maintaining such a museum1 including-- 7#a7 estimated planning1 engineering1 design1 construction1 operation1 and maintenance costs2 7#b7 the extent to which appropriated1 nonappropriated1 and non-,federal funds will be used for such purposes1 including the extent to which there is any shortfall in funding for engineering1 design1 or construction2 and 7#c7 a certification by the ,inspector ,general of the department in which the ,coast ,guard is operating that the estimates provided pursuant to paragraphs 7#a7 and 7#b7 are reasonable and realistic4 7d7 ,authority ,the ,commandant may not establish a ,national ,coast ,guard museum except as set forth in this section4 4 #cjd4 ,unmanned aircraft 7a7 ,land-based unmanned aircraft system program ,chapter #c of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #cai4 ,land-based unmanned aircraft system program 7a7 ,in general ,subject to the availability of appropriations1 the ,secretary shall establish a land-based unmanned aircraft system program under the control of the ,commandant4 7b7 ,unmanned aircraft system defined ,in this section1 the term unmanned aircraft system has the meaning given that term in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #djaja note74 4 7b7 ,limitation on unmanned aircraft systems ,chapter #aa of title #ad1 ,united ,states ,code1 is amended by inserting after section #aaee the following3 #aaef4 ,limitation on unmanned aircraft systems 7a7 ,in general ,during any fiscal year for which funds are appropriated for the design or construction of an ,offshore ,patrol ,cutter1 the ,commandant-- 7#a7 may not award a contract for design of an unmanned aircraft system for use by the ,coast ,guard2 and 7#b7 may lease1 acquire1 or acquire the services of an unmanned aircraft system only if such system-- 7,a7 has been part of a program of record of1 procured by1 or used by a ,federal entity 7or funds for research1 development1 test1 and evaluation have been received from a ,federal entity with regard to such system7 before the date on which the ,commandant leases1 acquires1 or acquires the services of the system2 and 7,b7 is leased1 acquired1 or utilized by the ,commandant through an agreement with a ,federal entity1 unless such an agreement is not practicable or would be less cost-effective than an independent contract action by the ,coast ,guard4 7b7 ,small unmanned aircraft exemption ,subsection 7a77#b7 does not apply to small unmanned aircraft4 7c7 ,definitions ,in this section1 the terms small unmanned aircraft and unmanned aircraft system have the meanings given those terms in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #djaja note74 4 7c7 ,clerical amendments 7#a7 ,chapter #c ,the analysis for chapter #c of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #cai4 ,land-based unmanned aircraft system program4 4 7#b7 ,chapter #aa ,the analysis for chapter #aa of title #ad1 ,united ,states ,code1 is amended by inserting after the item relating to section #aaee the following3 #aaef4 ,limitation on unmanned aircraft systems4 4 7d7 ,conforming amendment ,subsection 7c7 of section #aaje of title #ad1 ,united ,states ,code1 is repealed4 #cje4 ,coast ,guard health-care professionals2 licensure portability 7a7 ,in general ,chapter #e of title #ad1 ,united ,states ,code1 is amended by inserting after section #ejg the following3 #ejh4 ,coast ,guard health-care professionals2 licensure portability 7a7 ,in general ,notwithstanding any other provision of law regarding the licensure of health-care providers1 a health-care professional described in subsection 7b7 may practice the health profession or professions of the health-care professional at any location in any ,state1 the ,district of ,columbia1 or a ,commonwealth1 territory1 or possession of the ,united ,states1 regardless of where such health-care professional or the patient is located1 if the practice is within the scope of the authorized ,federal duties of such health-care professional4 7b7 ,described individuals ,a health-care professional described in this subsection is an individual-- 7#a7 who is-- 7,a7 a member of the ,coast ,guard2 7,b7 a civilian employee of the ,coast ,guard2 7,c7 a member of the ,public ,health ,service who is assigned to the ,coast ,guard2 or 7,d7 any other health-care professional credentialed and privileged at a ,federal health-care institution or location specially designated by the ,secretary2 and 7#b7 who-- 7,a7 has a current license to practice medicine1 osteopathic medicine1 dentistry1 or another health profession2 and 7,b7 is performing authorized duties for the ,coast ,guard4 7c7 ,definitions ,in this section1 the terms license and health-care professional have the meanings given those terms in section #ajid7;e7 of title #aj4 4 7b7 ,clerical amendment ,the analysis for chapter #e of title #ad1 ,united ,states ,code1 is amended by inserting after the item relating to section #ejg the following3 #ejh4 ,coast ,guard health-care professionals2 licensure portability4 4 7c7 ,electronic health records 7#a7 ,system ,the ,commandant of the ,coast ,guard is authorized to procure for the ,coast ,guard an electronic health record system that-- 7,a7 has been competitively awarded by the ,department of ,defense2 and 7,b7 ensures full integration with the ,department of ,defense electronic health record systems4 7#b7 ,support services 7,a7 ,in general ,the ,commandant is authorized to procure support services for the electronic health record system procured under paragraph 7#a7 necessary to ensure full integration with the ,department of ,defense electronic health record systems4 7,b7 ,scope ,support services procured pursuant to this paragraph may include services for the following3 7i7 ,system integration support4 7ii7 ,hosting support4 7iii7 ,training1 testing1 technical1 and data migration support4 7iv7 ,hardware support4 7v7 ,any other support the ,commandant considers appropriate4 7#c7 ,authorized procurement actions ,the ,commandant is authorized to procure an electronic health record system under this subsection through the following3 7,a7 ,a task order under the ,department of ,defense electronic health record contract4 7,b7 ,a sole source contract award4 7,c7 ,an agreement made pursuant to sections #aece and #aecf of title #ca1 ,united ,states ,code4 7,d7 ,a contract or other procurement vehicle otherwise authorized4 7#d7 ,competition in contracting2 exemption ,procurement of an electronic health record system and support services pursuant to this subsection shall be exempt from the competition requirements of section #bcjd of title #aj1 ,united ,states ,code4 #cjf4 ,training2 emergency response providers 7a7 ,in general ,chapter #g of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #gah4 ,training2 emergency response providers 7a7 ,in general ,the ,commandant may1 on a reimbursable or a non-reimbursable basis1 make a training available to emergency response providers whenever the ,commandant determines that-- 7#a7 a member of the ,coast ,guard1 who is scheduled to participate in such training1 is unable or unavailable to participate in such training2 7#b7 no other member of the ,coast ,guard1 who is assigned to the unit to which the member of the ,coast ,guard who is unable or unavailable to participate in such training is assigned1 is able or available to participate in such training2 and 7#c7 such training1 if made available to such emergency response providers1 would further the goal of interoperability among ,federal agencies1 non-,federal governmental agencies1 or both4 7b7 ,emergency response providers defined ,in this section1 the term emergency response providers has the meaning given that term in section #b of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja74 7c7 ,treatment of reimbursement ,any reimbursements for a 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 section1 who is not otherwise a ,federal employee1 shall not1 because of that training1 be considered a ,federal employee for any purpose 7including the purposes of chapter #ha of title #e 7relating to compensation for injury7 and sections #bfga through #bfhj of title #bh 7relating to tort claims774 7#b7 ,limitation on liability ,the ,united ,states shall not be liable for actions taken by an individual in the course of training made available under this section4 4 7b7 ,clerical amendment ,the analysis for chapter #g of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #gah4 ,training2 emergency response providers4 4 #cjg4 ,incentive contracts for ,coast ,guard yard and industrial establishments ,section #ici of title #ad1 ,united ,states ,code1 is amended-- 7#a7 by inserting before ,the ,secretary may the following3 7a7 ,in general4--2 7#b7 in subsection 7a71 as so designated by paragraph 7#a7 of this section1 by striking the period at the end of the last sentence and inserting or in accordance with subsection 7b742 and 7#c7 by adding at the end the following3 7b7 ,incentive contracts 7#a7 ,the parties to an order for industrial work to be performed by the ,coast ,guard ,yard or a ,coast ,guard industrial establishment designated under subsection 7a7 may enter into an order or a cost-plus-incentive-fee order in accordance with this subsection4 7#b7 ,if such parties enter into such an order or a cost-plus-incentive-fee order1 an agreed-upon amount of any adjustment described in subsection 7a7 may be distributed as an incentive to the wage-grade industrial employees who complete the order4 7#c7 ,before entering into such an order or cost-plus-incentive-fee order such parties must agree that the wage-grade employees of the ,coast ,guard ,yard or ,coast ,guard industrial establishment will take action to improve the delivery schedule or technical performance agreed to in the order for industrial work to which such parties initially agreed4 7#d7 ,notwithstanding any other provision of law1 if the industrial workforce of the ,coast ,guard ,yard or ,coast ,guard industrial establishment satisfies the performance target established in such an order or cost-plus-incentive-fee order-- 7,a7 the adjustment to be made pursuant to subsection 7a7 shall be reduced by an agreed-upon amount and distributed to such wage-grade industrial employees2 and 7,b7 the remainder of the adjustment shall be credited to the appropriation for such order current at that time4 4 #cjh4 ,confidential investigative expenses ,section #idd of title #ad1 ,united ,states ,code1 is amended by striking #de1jjj and inserting #bej1jjj4 #cji4 ,regular captains2 retirement ,section #badi7;a7 of title #ad1 ,united ,states ,code1 is amended-- 7#a7 by striking zone is and inserting zone1 or from being placed at the top of the list of selectees promulgated by the ,secretary under section #baba7;a7 of this title1 is2 and 7#b7 by striking the period at the end and inserting or placed at the top of the list of selectees1 as applicable44 #caj4 ,conversion1 alteration1 and repair projects 7a7 ,in general ,chapter #i of title #ad1 ,united ,states ,code1 as amended by this ,act1 is further amended by inserting after section #iea the following3 #ieb4 ,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 ,clerical amendment ,the analysis for chapter #i of title #ad1 ,united ,states ,code1 is amended by inserting after the item relating to section #iea the following3 #ieb4 ,construction of ,coast ,guard vessels and assignment of vessel projects4 4 #caa4 ,contracting for major acquisitions programs 7a7 ,general acquisition authority ,section #eja7;d7 of title #ad1 ,united ,states ,code1 is amended by inserting aircraft1 and systems1 after vessels14 7b7 ,contracting authority ,chapter #aa of title #ad1 ,united ,states ,code1 as amended by this ,act1 is further amended by inserting after section #aacf the following3 #aacg4 ,contracting for major acquisitions programs 7a7 ,in general ,in carrying out authorities provided to the ,secretary to design1 construct1 accept1 or otherwise acquire assets and systems under section #eja7;d71 the ,secretary1 acting through the ,commandant or the head of an integrated program office established for a major acquisition program1 may enter into contracts for a major acquisition program4 7b7 ,authorized methods ,contracts entered into under subsection 7a7-- 7#a7 may be block buy contracts2 7#b7 may be incrementally funded2 7#c7 may include combined purchases1 also known as economic order quantity purchases1 of-- 7,a7 materials and components2 and 7,b7 long lead time materials2 and 7#d7 as provided in section #bcjf;b of title #aj1 may be multiyear contracts4 7c7 ,subject to appropriations ,any contract entered into under subsection 7a7 shall provide that any obligation of the ,united ,states to make a payment under the contract is subject to the availability of amounts specifically provided in advance for that purpose in subsequent appropriations ,acts4 4 7c7 ,clerical amendment ,the analysis for chapter #aa of title #ad1 ,united ,states ,code1 as amended by this ,act1 is further amended by inserting after the item relating to section #aacf the following3 #aacg4 ,contracting for major acquisitions programs4 4 7d7 ,conforming amendments ,the following provisions are repealed3 7#a7 ,section #bbc of the ,howard ,coble ,coast ,guard and ,maritime ,transportation ,act of #bjad 7#ad ,u4,s4,c4 #aaeb note71 and the item relating to that section in the table of contents in section #b of such ,act4 7#b7 ,section #bba7;a7 of the ,coast ,guard and ,maritime ,transportation ,act of #bjab 7#ad ,u4,s4,c4 #aacc note74 7#c7 ,section #bjg7;a7 of the ,coast ,guard ,authorization ,act of #bjaf 7#ad ,u4,s4,c4 #efa note74 7e7 ,internal regulations and policy ,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 establish the internal regulations and policies necessary to exercise the authorities provided under this section1 including the amendments made in this section4 7f7 ,multiyear contracts ,the ,secretary of the department in which the ,coast ,guard is operating 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 #cab4 ,officer promotion zones ,section #baaa7;a7 of title #ad1 ,united ,states ,code1 is amended by striking six-tenths4 and inserting one-half44 #cac4 ,cross reference ,section #babi7;a7 of title #ad1 ,united ,states ,code1 is amended by inserting designated under section #bcag after cadet4 #cad4 ,commissioned service retirement ,for ,coast ,guard officers who retire in fiscal year #bjah or #bjai1 the ,president may reduce the period of active commissioned service required under section #baeb of title #ad1 ,united ,states ,code1 to a period of not less than #h years4 #cae4 ,leave for birth or adoption of child 7a7 ,policy ,section #beab 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 birth or adoption of child ,notwithstanding subsection 7a71 sections #gja and #gjd of title #aj1 or any other provision of law1 all officers and enlisted members of the ,coast ,guard shall be authorized leave associated with the birth or adoption of a child during the #a-year period immediately following such birth or adoption and1 at the discretion of the ,commanding ,officer1 such officer or enlisted member shall be permitted-- 7#a7 to take such leave in increments2 and 7#b7 to use flexible work schedules 7pursuant to a program established by the ,secretary in accordance with chapter #fa of title #e74 4 7b7 ,flexible work schedules ,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 ensure that a flexible work schedule program under chapter #fa of title #e1 ,united ,states ,code1 is in place for officers and enlisted members of the ,coast ,guard4 #caf4 ,clothing at time of discharge ,section #bgje of title #ad1 ,united ,states ,code1 and the item relating to that section in the analysis for chapter #bg of that title1 are repealed4 #cag4 ,unfunded priorities list 7a7 ,in general ,section #eajb of title #ad1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,in general ,not later than #fj days after the date on which the ,president submits to ,congress a budget pursuant to section #aaje of title #ca1 the ,commandant shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a capital investment plan for the ,coast ,guard that identifies for each capital asset for which appropriations are proposed in that budget-- 7#a7 the proposed appropriations included in the budget2 7#b7 the total estimated cost of completion based on the proposed appropriations included in the budget2 7#c7 projected funding levels for each fiscal year for the next #e fiscal years or until project completion1 whichever is earlier2 7#d7 an estimated completion date based on the proposed appropriations included in the budget2 7#e7 an acquisition program baseline1 as applicable2 and 7#f7 projected commissioning and decommissioning dates for each asset4 2 and 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,definitions ,in this section1 the term new capital asset means-- 7#a7 an acquisition program that does not have an approved acquisition program baseline2 or 7#b7 the acquisition of a capital asset in excess of the number included in the approved acquisition program baseline4 4 7b7 ,unfunded priorities ,chapter #ea of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #eajh4 ,unfunded priorities list 7a7 ,in general ,not later than #fj days after the date on which the ,president submits to ,congress a budget pursuant to section #aaje of title #ca1 the ,commandant shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a list of each unfunded priority for the ,coast ,guard4 7b7 ,prioritization ,the list required under subsection 7a7 shall present the unfunded priorities in order from the highest priority to the lowest1 as determined by the ,commandant4 7c7 ,unfunded priority defined ,in this section1 the term unfunded priority means a program or mission requirement that-- 7#a7 has not been selected for funding in the applicable proposed budget2 7#b7 is necessary to fulfill a requirement associated with an operational need2 and 7#c7 the ,commandant would have recommended for inclusion in the applicable proposed budget had additional resources been available or had the requirement emerged before the budget was submitted4 4 7c7 ,clerical amendment ,the analysis for chapter #ea of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #eajh4 ,unfunded priorities list4 4 #cah4 ,safety of vessels of the ,armed ,forces 7a7 ,in general ,section #ebg of title #ad1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by striking naval vessels and inserting vessels of the ,armed ,forces2 7#b7 in subsection 7a71 by striking ,united ,states naval vessel and inserting vessel of the ,armed ,forces2 7#c7 in subsection 7b7-- 7,a7 by striking senior naval officer present in command and inserting senior officer present in command2 and 7,b7 by striking ,united ,states naval vessel and inserting vessel of the ,armed ,forces2 and 7#d7 by adding at the end the following3 7e7 ,for purposes of this title1 the term vessel of the ,armed ,forces means-- 7#a7 any vessel owned or operated by the ,department of ,defense or the ,coast ,guard1 other than a time- or voyage-chartered vessel2 and 7#b7 any vessel owned and operated by the ,department of ,transportation that is designated by the ,secretary of the department in which the ,coast ,guard is operating as a vessel equivalent to a vessel described in paragraph 7#a74 4 7b7 ,clerical amendment ,the analysis for chapter #e of title #ad1 ,united ,states ,code1 is further amended by striking the item relating to section #ebg and inserting the following3 #ebg4 ,safety of vessels of the ,armed ,forces4 4 7c7 ,conforming amendments ,section #beaj7;a77#a7 of title #ad1 ,united ,states ,code1 is amended-- 7#a7 by striking armed forces and inserting ,armed ,forces2 and 7#b7 by striking section #aja7;a7 of title #aj and inserting section #ebg7;e74 #cai4 ,air facilities ,section #iab of title #ad1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a72 7#b7 by redesignating subsections 7b7 and 7c7 as subsections 7a7 and 7b71 respectively2 7#c7 in subsection 7a7 as redesignated-- 7,a7 by amending paragraph 7#c7 to read as follows3 7#c7 ,public notice and comment 7,a7 ,in general ,prior to closing an air facility1 the ,secretary shall provide opportunities for public comment1 including the convening of public meetings in communities in the area of responsibility of the air facility with regard to the proposed closure or cessation of operations at the air facility4 7,b7 ,public meetings ,prior to convening a public meeting under subparagraph 7,a71 the ,secretary shall notify each congressional office representing any portion of the area of responsibility of the air station that is the subject to such public meeting of the schedule and location of such public meeting4 2 7,b7 in paragraph 7#d7-- 7i7 in the matter preceding subparagraph 7,a7 by striking #bjae and inserting #bjag2 and 7ii7 by amending subparagraph 7,a7 to read as follows3 7,a7 submit to the ,congress a proposal for such closure1 cessation1 or reduction in operations along with the budget of the ,president submitted to ,congress under section #aaje7;a7 of title #ca that includes-- 7i7 a discussion of the determination made by the ,secretary pursuant to paragraph 7#b72 and 7ii7 a report summarizing the public comments received by the ,secretary under paragraph 7#c7 2 and 7,c7 by adding at the end the following3 7#e7 ,congressional review ,the ,secretary may not close1 cease operations1 or significantly reduce personnel and use of a ,coast ,guard air facility for which a written notice is provided under paragraph 7#d77;,a7 until a period of #ah months beginning on the date on which such notice is provided has elapsed4 4 ,,iv ,ports and ,waterways ,safety #dja4 ,codification of ,ports and ,waterways ,safety ,act 7a7 ,codification ,subtitle ,,vii of title #df1 ,united ,states ,code1 is amended by inserting before chapter #gja the following3 #gjj ,ports and ,waterways ,safety ,subchapter ,a--,vessel ,operations#gjjja4 ,vessel traffic services4#gjjjb4 ,special powers4#gjjjc4 ,port access routes4#gjjjd4 ,considerations by ,secretary4#gjjje4 ,international agreements4,subchapter ,b--,ports and ,waterways ,safety#gjjaa4 ,waterfront safety4#gjjab4 ,navigational hazards4#gjjac4 ,requirement to notify ,coast ,guard of release of objects into the navigable waters of the ,united ,states4,subchapter ,c--,condition for ,entry ,into ,ports in the ,united ,states#gjjba4 ,conditions for entry to ports in the united states4,subchapter ,d--,definitions1 ,regulations1 ,enforcement1 ,investigatory ,powers1 ,applicability#gjjca4 ,definitions4#gjjcb4 ,saint ,lawrence ,seaway4#gjjcc4 ,limitation on application to foreign vessels4#gjjcd4 ,regulations4#gjjce4 ,investigatory powers4#gjjcf4 ,enforcement4 ,i ,vessel ,operations #gjjja4 ,vessel traffic services 7a7 ,subject to the requirements of section #gjjjd1 the ,secretary-- 7#a7 in any port or place under the jurisdiction of the ,united ,states1 in the navigable waters of the ,united ,states1 or in any area covered by an international agreement negotiated pursuant to section #gjjje1 may construct1 operate1 maintain1 improve1 or expand vessel traffic services1 that consist of measures for controlling or supervising vessel traffic or for protecting navigation and the marine environment and that may include one or more of reporting and operating requirements1 surveillance and communications systems1 routing systems1 and fairways2 7#b7 shall require appropriate vessels that operate in an area of a vessel traffic service to utilize or comply with that service2 7#c7 7,a7 may require vessels to install and use specified navigation equipment1 communications equipment1 electronic relative motion analyzer equipment1 or any electronic or other device necessary to comply with a vessel traffic service or that is necessary in the interests of vessel safety4 7,b7 ,notwithstanding subparagraph 7,a71 the ,secretary shall not require fishing vessels under #cjj gross tons as measured under section #adejb1 or an alternate tonnage measured under section #adcjb as prescribed by the ,secretary under section #adajd1 or recreational vessels #fe feet or less to possess or use the equipment or devices required by this subsection solely under the authority of this chapter2 7#d7 may control vessel traffic in areas subject to the jurisdiction of the ,united ,states that the ,secretary determines to be hazardous1 or under conditions of reduced visibility1 adverse weather1 vessel congestion1 or other hazardous circumstances1 by-- 7,a7 specifying times of entry1 movement1 or departure2 7,b7 establishing vessel traffic routing schemes2 7,c7 establishing vessel size1 speed1 or draft limitations and vessel operating conditions2 and 7,d7 restricting operation1 in any hazardous area or under hazardous conditions1 to vessels that have particular operating characteristics or capabilities that the ,secretary considers necessary for safe operation under the circumstances2 7#e7 may require the receipt of prearrival messages from any vessel1 destined for a port or place subject to the jurisdiction of the ,united ,states1 in sufficient time to permit advance vessel traffic planning before port entry1 which shall include any information that is not already a matter of record and that the ,secretary determines necessary for the control of the vessel and the safety of the port or the marine environment2 and 7#f7 may prohibit the use on vessels of electronic or other devices that interfere with communication and navigation equipment1 except that such authority shall not apply to electronic or other devices certified to transmit in the maritime services by the ,federal ,communications ,commission and used within the frequency bands #aeg4ahge-aeg4dcge ,m,hz and #afa4ghge-afb4jcge ,m,hz4 7b7 ,cooperative agreements 7#a7 ,in general ,the ,secretary may enter into cooperative agreements with public or private agencies1 authorities1 associations1 institutions1 corporations1 organizations1 or other persons to carry out the functions under subsection 7a77#a74 7#b7 ,limitation 7,a7 ,a nongovernmental entity may not under this subsection carry out an inherently governmental function4 7,b7 ,as used in this paragraph1 the term inherently governmental function means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the ,federal ,government1 including an activity that requires either the exercise of discretion in applying the authority of the ,government or the use of judgment in making a decision for the ,government4 7c7 ,limitation of liability for coast guard vessel traffic service pilots and non-,federal vessel traffic service operators 7#a7 ,coast guard vessel traffic service pilots ,any pilot1 acting in the course and scope of his or her duties while at a ,coast ,guard ,vessel ,traffic ,service1 who provides information1 advice1 or communication assistance while under the supervision of a ,coast ,guard officer1 member1 or employee shall not be liable for damages caused by or related to such assistance unless the acts or omissions of such pilot constitute gross negligence or willful misconduct4 7#b7 ,non-federal vessel traffic service operators ,an entity operating a non-,federal vessel traffic information service or advisory service pursuant to a duly executed written agreement with the ,coast ,guard1 and any pilot acting on behalf of such entity1 is not liable for damages caused by or related to information1 advice1 or communication assistance provided by such entity or pilot while so operating or acting unless the acts or omissions of such entity or pilot constitute gross negligence or willful misconduct4 #gjjjb4 ,special powers ,the ,secretary may order any vessel1 in a port or place subject to the jurisdiction of the ,united ,states or in the navigable waters of the ,united ,states1 to operate or anchor in a manner the ,secretary directs if-- 7#a7 the ,secretary has reasonable cause to believe such vessel does not comply with any regulation issued under section #gjjcd or any other applicable law or treaty2 7#b7 the ,secretary determines such vessel does not satisfy the conditions for port entry set forth in section #gjjba of this title2 or 7#c7 by reason of weather1 visibility1 sea conditions1 port congestion1 other hazardous circumstances1 or the condition of such vessel1 the ,secretary is satisfied such direction is justified in the interest of safety4 #gjjjc4 ,port access routes 7a7 ,authority ,to designate ,except as provided in subsection 7b7 and subject to the requirements of subsection 7c71 in order to provide safe access routes for the movement of vessel traffic proceeding to or from ports or places subject to the jurisdiction of the ,united ,states1 the ,secretary shall designate necessary fairways and traffic separation schemes for vessels operating in the territorial sea of the ,united ,states and in high seas approaches1 outside the territorial sea1 to such ports or places4 ,such a designation shall recognize1 within the designated area1 the paramount right of navigation over all other uses4 7b7 ,limitation 7#a7 ,in general ,no designation may be made by the ,secretary under this section if-- 7,a7 the ,secretary determines such a designation1 as implemented1 would deprive any person of the effective exercise of a right granted by a lease or permit executed or issued under other applicable provisions of law2 and 7,b7 such right has become vested before the time of publication of the notice required by paragraph 7#a7 of subsection 7c74 7#b7 ,consultation required ,the ,secretary shall make the determination under paragraph 7#a77;,a7 after consultation with the head of the agency responsible for executing the lease or issuing the permit4 7c7 ,consideration of other uses ,before making a designation under subsection 7a71 and in accordance with the requirements of section #gjjjd1 the ,secretary shall-- 7#a7 undertake a study of the potential traffic density and the need for safe access routes for vessels in any area for which fairways or traffic separation schemes are proposed or that may otherwise be considered and publish notice of such undertaking in the ,federal ,register2 7#b7 in consultation with the ,secretary of ,state1 the ,secretary of the ,interior1 the ,secretary of ,commerce1 the ,secretary of the ,army1 and the ,governors of affected ,states1 as their responsibilities may require1 take into account all other uses of the area under consideration1 including1 as appropriate1 the exploration for1 or exploitation of1 oil1 gas1 or other mineral resources1 the construction or operation of deepwater ports or other structures on or above the seabed or subsoil of the submerged lands or the ,outer ,continental ,shelf of the ,united ,states1 the establishment or operation of marine or estuarine sanctuaries1 and activities involving recreational or commercial fishing2 and 7#c7 to the extent practicable1 reconcile the need for safe access routes with the needs of all other reasonable uses of the area involved4 7d7 ,study ,in carrying out the ,secretary's responsibilities under subsection 7c71 the ,secretary shall-- 7#a7 proceed expeditiously to complete any study undertaken2 and 7#b7 after completion of such a study1 promptly-- 7,a7 issue a notice of proposed rulemaking for the designation contemplated2 or 7,b7 publish in the ,federal ,register a notice that no designation is contemplated as a result of the study and the reason for such determination4 7e7 ,implementation of designation ,in connection with a designation made under this section1 the ,secretary-- 7#a7 shall issue reasonable rules and regulations governing the use of such designated areas1 including rules and regulations regarding the applicability of rules #i and #aj of the ,international ,regulations for ,preventing ,collisions at ,sea1 #aigb1 relating to narrow channels and traffic separation schemes1 respectively1 in waters where such regulations apply2 7#b7 to the extent that the ,secretary finds reasonable and necessary to effectuate the purposes of the designation1 make the use of designated fairways and traffic separation schemes mandatory for specific types and sizes of vessels1 foreign and domestic1 operating in the territorial sea of the ,united ,states and for specific types and sizes of vessels of the ,united ,states operating on the high seas beyond the territorial sea of the ,united ,states2 7#c7 may1 from time to time1 as necessary1 adjust the location or limits of designated fairways or traffic separation schemes in order to accommodate the needs of other uses that cannot be reasonably accommodated otherwise1 except that such an adjustment may not1 in the judgment of the ,secretary1 unacceptably adversely affect the purpose for which the existing designation was made and the need for which continues2 and 7#d7 shall1 through appropriate channels-- 7,a7 notify cognizant international organizations of any designation1 or adjustment thereof2 and 7,b7 take action to seek the cooperation of foreign ,states in making it mandatory for vessels under their control to use1 to the same extent as required by the ,secretary for vessels of the ,united ,states1 any fairway or traffic separation scheme designated under this section in any area of the high seas4 #gjjjd4 ,considerations by ,secretary ,in carrying out the duties of the ,secretary under sections #gjjja1 #gjjjb1 and #gjjjc1 the ,secretary shall-- 7#a7 take into account all relevant factors concerning navigation and vessel safety1 protection of the marine environment1 and the safety and security of ,united ,states ports and waterways1 including-- 7,a7 the scope and degree of the risk or hazard involved2 7,b7 vessel traffic characteristics and trends1 including traffic volume1 the sizes and types of vessels involved1 potential interference with the flow of commercial traffic1 the presence of any unusual cargoes1 and other similar factors2 7,c7 port and waterway configurations and variations in local conditions of geography1 climate1 and other similar factors2 7,d7 the need for granting exemptions for the installation and use of equipment or devices for use with vessel traffic services for certain classes of small vessels1 such as self-propelled fishing vessels and recreational vessels2 7,e7 the proximity of fishing grounds1 oil and gas drilling and production operations1 or any other potential or actual conflicting activity2 7,f7 environmental factors2 7,g7 economic impact and effects2 7,h7 existing vessel traffic services2 and 7,i7 local practices and customs1 including voluntary arrangements and agreements within the maritime community2 and 7#b7 at the earliest possible time1 consult with and receive and consider the views of representatives of the maritime community1 ports and harbor authorities or associations1 environmental groups1 and other persons who may be affected by the proposed actions4 #gjjje4 ,international agreements 7a7 ,transmittal of regulations ,the ,secretary shall transmit1 via the ,secretary of ,state1 to appropriate international bodies or forums1 any regulations issued under this subchapter1 for consideration as international standards4 7b7 ,agreements ,the ,president is authorized and encouraged to-- 7#a7 enter into negotiations and conclude and execute agreements with neighboring nations1 to establish compatible vessel standards and vessel traffic services1 and to establish1 operate1 and maintain international vessel traffic services1 in areas and under circumstances of mutual concern2 and 7#b7 enter into negotiations1 through appropriate international bodies1 and conclude and execute agreements to establish vessel traffic services in appropriate areas of the high seas4 7c7 ,operations ,the ,secretary1 pursuant to any agreement negotiated under subsection 7b7 that is binding upon the ,united ,states in accordance with constitutional requirements1 may-- 7#a7 require vessels operating in an area of a vessel traffic service to utilize or to comply with the vessel traffic service1 including the carrying or installation of equipment and devices as necessary for the use of the service2 and 7#b7 waive1 by order or regulation1 the application of any ,united ,states law or regulation concerning the design1 construction1 operation1 equipment1 personnel qualifications1 and manning standards for vessels operating in waters over which the ,united ,states exercises jurisdiction if such vessel is not en route to or from a ,united ,states port or place1 and if vessels en route to or from a ,united ,states port or place are accorded equivalent waivers of laws and regulations of the neighboring nation1 when operating in waters over which that nation exercises jurisdiction4 7d7 ,ship reporting systems ,the ,secretary1 in cooperation with the ,international ,maritime ,organization1 may implement and enforce two mandatory ship reporting systems1 consistent with international law1 with respect to vessels subject to such reporting systems entering the following areas of the ,atlantic ,ocean3 7#a7 ,cape ,cod ,bay1 ,massachusetts ,bay1 and ,great ,south ,channel 7in the area generally bounded by a line starting from a point on ,cape ,ann1 ,massachusetts at #db deg4 #ci ,n41 #gj deg4 #cg ,w2 then northeast to #db deg4 #de ,n41 #gj deg4 #ac ,w2 then southeast to #db deg4 #aj ,n41 #fh deg4 #ca ,w1 then south to #da deg4 #jj ,n41 #fh deg4 #ca ,w2 then west to #da deg4 #jj ,n41 #fi deg4 #ag ,w2 then northeast to #db deg4 #je ,n41 #gj deg4 #jb ,w1 then west to #db deg4 #jd ,n41 #gj deg4 #aj ,w2 and then along the ,massachusetts shoreline of ,cape ,cod ,bay and ,massachusetts ,bay back to the point on ,cape ,ann at #db deg4 #ci ,n41 #gj deg4 #cg ,w74 7#b7 ,in the coastal waters of the ,southeastern ,united ,states within about #be nm along a #ij nm stretch of the ,atlantic seaboard 7in an area generally extending from the shoreline east to longitude #hj deg4 #ea4f ,w with the southern and northern boundary at latitudes #cj deg4 #jj ,n41 #ca deg4 #bg ,n41 respectively74 ,,ii ,ports and ,waterways ,safety #gjjaa4 ,waterfront safety 7a7 ,in general ,the ,secretary may take such action as is necessary to-- 7#a7 prevent damage to1 or the destruction of1 any bridge or other structure on or in the navigable waters of the ,united ,states1 or any land structure or shore area immediately adjacent to such waters2 and 7#b7 protect the navigable waters and the resources therein from harm resulting from vessel or structure damage1 destruction1 or loss4 7b7 ,actions authorized ,actions authorized by subsection 7a7 include-- 7#a7 establishing procedures1 measures1 and standards for the handling1 loading1 unloading1 storage1 stowage1 and movement on a structure 7including the emergency removal1 control1 and disposition7 of explosives or other dangerous articles and substances1 including oil or hazardous material as those terms are defined in section #baja2 7#b7 prescribing minimum safety equipment requirements for a structure to assure adequate protection from fire1 explosion1 natural disaster1 and other serious accidents or casualties2 7#c7 establishing water or waterfront safety zones1 or other measures1 for limited1 controlled1 or conditional access and activity when necessary for the protection of any vessel1 structure1 waters1 or shore area2 and 7#d7 establishing procedures for examination to assure compliance with the requirements prescribed under this section4 7c7 ,state law ,nothing in this section1 with respect to structures1 prohibits a ,state or political subdivision thereof from prescribing higher safety equipment requirements or safety standards than those that may be prescribed by regulations under this section4 #gjjab4 ,navigational hazards 7a7 ,reporting procedure ,the ,secretary shall establish a program to encourage fishermen and other vessel operators to report potential or existing navigational hazards involving pipelines to the ,secretary through ,coast ,guard field offices4 7b7 ,secretary's response 7#a7 ,notification by the operator of a pipeline ,upon notification by the operator of a pipeline of a hazard to navigation with respect to that pipeline1 the ,secretary shall immediately notify ,coast ,guard headquarters1 the ,pipeline and ,hazardous ,materials ,safety ,administration1 other affected ,federal and ,state agencies1 and vessel owners and operators in the pipeline's vicinity4 7#b7 ,notification by other persons ,upon notification by any other person of a hazard or potential hazard to navigation with respect to a pipeline1 the ,secretary shall promptly determine whether a hazard exists1 and if so shall immediately notify ,coast ,guard headquarters1 the ,pipeline and ,hazardous ,materials ,safety ,administration1 other affected ,federal and ,state agencies1 vessel owners and operators in the pipeline's vicinity1 and the owner and operator of the pipeline4 7c7 ,pipeline defined ,for purposes of this section1 the term pipeline has the meaning given the term pipeline facility in section #fjaja7;a77#ah7 of title #di4 #gjjac4 ,requirement to notify ,coast ,guard of release of objects into the navigable waters of the ,united ,states 7a7 ,requirement ,as soon as a person has knowledge of any release from a vessel or facility into the navigable waters of the ,united ,states of any object that creates an obstruction prohibited under section #aj of the ,act of ,march #c1 #ahii1 popularly known as the ,rivers and ,harbors ,appropriations ,act of #ahii 7#cc ,u4,s4,c4 #djc71 such person shall notify the ,secretary and the ,secretary of the ,army of such release4 7b7 ,restriction on use of notification ,any notification provided by an individual in accordance with subsection 7a7 may not be used against such individual in any criminal case1 except a prosecution for perjury or for giving a false statement4 ,,iii ,condition for ,entry ,into ,ports in the ,united ,states #gjjba4 ,conditions for entry to ports in the ,united ,states 7a7 ,in general ,no vessel that is subject to chapter #cg shall operate in the navigable waters of the ,united ,states or transfer cargo or residue in any port or place under the jurisdiction of the ,united ,states1 if such vessel-- 7#a7 has a history of accidents1 pollution incidents1 or serious repair problems that1 as determined by the ,secretary1 creates reason to believe that such vessel may be unsafe or may create a threat to the marine environment2 7#b7 fails to comply with any applicable regulation issued under section #gjjcd1 chapter #cg1 or any other applicable law or treaty2 7#c7 discharges oil or hazardous material in violation of any law of the ,united ,states or in a manner or quantities inconsistent with any treaty to which the ,united ,states is a party2 7#d7 does not comply with any applicable vessel traffic service requirements2 7#e7 is manned by one or more officers who are licensed by a certificating ,state that the ,secretary has determined1 pursuant to section #iaja of title #df1 does not have standards for licensing and certification of seafarers that are comparable to or more stringent than ,united ,states standards or international standards that are accepted by the ,united ,states2 7#f7 is not manned in compliance with manning levels as determined by the ,secretary to be necessary to insure the safe navigation of the vessel2 or 7#g7 while underway1 does not have at least one licensed deck officer on the navigation bridge who is capable of clearly understanding ,english4 7b7 ,exceptions 7#a7 ,in general ,the ,secretary may allow provisional entry of a vessel that is not in compliance with subsection 7a71 if the owner or operator of such vessel proves1 to the satisfaction of the ,secretary1 that such vessel is not unsafe or a threat to the marine environment1 and if such entry is necessary for the safety of the vessel or persons aboard4 7#b7 ,provisions not applicable ,paragraphs 7#a71 7#b71 7#c71 and 7#d7 of subsection 7a7 of this section shall not apply to a vessel allowed provisional entry under paragraph 7#a7 if the owner or operator of such vessel proves1 to the satisfaction of the ,secretary1 that such vessel is no longer unsafe or a threat to the marine environment1 and is no longer in violation of any applicable law1 treaty1 regulation1 or condition1 as appropriate4 ,,iv ,definitions1 ,regulations1 ,enforcement1 ,investigatory ,powers1 ,applicability #gjjca4 ,definitions ,as used in subchapters ,a through ,c and this subchapter1 unless the context otherwise requires3 7#a7 ,the term marine environment means-- 7,a7 the navigable waters of the ,united ,states and the land and resources therein and thereunder2 7,b7 the waters and fishery resources of any area over which the ,united ,states asserts exclusive fishery management authority2 7,c7 the seabed and subsoil of the ,outer ,continental ,shelf of the ,united ,states1 the resources thereof1 and the waters superjacent thereto2 and 7,d7 the recreational1 economic1 and scenic values of such waters and resources4 7#b7 ,the term ,secretary means the ,secretary of the department in which the ,coast ,guard is operating1 except that such term means the ,secretary of ,transportation with respect to the application of this chapter to the ,saint ,lawrence ,seaway4 7#c7 ,the term navigable waters of the ,united ,states includes all waters of the territorial sea of the ,united ,states as described in ,presidential ,proclamation ,no4 #eibh of ,december #bg1 #aihh4 #gjjcb4 ,saint ,lawrence ,seaway ,the authority granted to the ,secretary under sections #gjjja1 #gjjjb1 #gjjjc1 #gjjjd1 and #gjjaa may not be delegated with respect to the ,saint ,lawrence ,seaway to any agency other than the ,saint ,lawrence ,seaway ,development ,corporation4 ,any other authority granted the ,secretary under subchapters ,a through ,c and this subchapter shall be delegated by the ,secretary to the ,saint ,lawrence ,seaway ,development ,corporation to the extent the ,secretary determines such delegation is necessary for the proper operation of the ,saint ,lawrence ,seaway4 #gjjcc4 ,limitation on application to foreign vessels ,except pursuant to international treaty1 convention1 or agreement1 to which the ,united ,states is a party1 subchapters ,a through ,c and this subchapter shall not apply to any foreign vessel that is not destined for1 or departing from1 a port or place subject to the jurisdiction of the ,united ,states and that is in-- 7#a7 innocent passage through the territorial sea of the ,united ,states2 or 7#b7 transit through the navigable waters of the ,united ,states that form a part of an international strait4 #gjjcd4 ,regulations 7a7 ,in general ,in accordance with section #eec of title #e1 the ,secretary shall issue1 and may from time to time amend or repeal1 regulations necessary to implement subchapters ,a through ,c and this subchapter4 7b7 ,consultation ,in the exercise of the regulatory authority under subchapters ,a through ,c and this subchapter1 the ,secretary shall consult with1 and receive and consider the views of all interested persons1 including-- 7#a7 interested ,federal departments and agencies2 7#b7 officials of ,state and local governments2 7#c7 representatives of the maritime community2 7#d7 representatives of port and harbor authorities or associations2 7#e7 representatives of environmental groups2 7#f7 any other interested persons who are knowledgeable or experienced in dealing with problems involving vessel safety1 port and waterways safety1 and protection of the marine environment2 and 7#g7 advisory committees consisting of all interested segments of the public when the establishment of such committees is considered necessary because the issues involved are highly complex or controversial4 #gjjce4 ,investigatory powers 7a7 ,secretary ,the ,secretary may investigate any incident1 accident1 or act involving the loss or destruction of1 or damage to1 any structure subject to subchapters ,a through ,c and this subchapter1 or that affects or may affect the safety or environmental quality of the ports1 harbors1 or navigable waters of the ,united ,states4 7b7 ,powers ,in an investigation under this section1 the ,secretary may issue subpoenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident1 accident1 or act4 ,if any person refuses to obey a subpoena1 the ,secretary may request the ,attorney ,general to invoke the aid of the appropriate district court of the ,united ,states to compel compliance with the subpoena4 ,any district court of the ,united ,states may1 in the case of refusal to obey a subpoena1 issue an order requiring compliance with the subpoena1 and failure to obey the order may be punished by the court as contempt4 ,witnesses may be paid fees for travel and attendance at rates not exceeding those allowed in a district court of the ,united ,states4 #gjjcf4 ,enforcement 7a7 ,civil penalty 7#a7 ,in general ,any person who is found by the ,secretary1 after notice and an opportunity for a hearing1 to have violated subchapters ,a through ,c or this subchapter or a regulation issued under subchapters ,a through ,c or this subchapter shall be liable to the ,united ,states for a civil penalty1 not to exceed #be1jjj for each violation4 ,each day of a continuing violation shall constitute a separate violation4 ,the amount of such civil penalty shall be assessed by the ,secretary1 or the ,secretary's designee1 by written notice4 ,in determining the amount of such penalty1 the ,secretary shall take into account the nature1 circumstances1 extent1 and gravity of the prohibited acts committed and1 with respect to the violator1 the degree of culpability1 any history of prior offenses1 ability to pay1 and such other matters as justice may require4 7#b7 ,compromise1 modification1 or remission ,the ,secretary may compromise1 modify1 or remit1 with or without conditions1 any civil penalty that is subject to imposition or that has been imposed under this section4 7#c7 ,failure to pay penalty ,if any person fails to pay an assessment of a civil penalty after it has become final1 the ,secretary may refer the matter to the ,attorney ,general of the ,united ,states1 for collection in any appropriate district court of the ,united ,states4 7b7 ,criminal penalty 7#a7 ,class ,d felony ,any person who willfully and knowingly violates subchapters ,a through ,c or this subchapter or any regulation issued thereunder commits a class ,d felony4 7#b7 ,class ,c felony ,any person who1 in the willful and knowing violation of subchapters ,a through ,c or this subchapter or of any regulation issued thereunder1 uses a dangerous weapon1 or engages in conduct that causes bodily injury or fear of imminent bodily injury to any officer authorized to enforce the provisions of such a subchapter or the regulations issued under such subchapter1 commits a class ,c felony4 7c7 ,in rem liability ,any vessel that is used in violation of subchapters ,a1 ,b1 or ,c or this subchapter1 or any regulations issued under such subchapter1 shall be liable in rem for any civil penalty assessed pursuant to subsection 7a7 and may be proceeded against in the ,united ,states district court for any district in which such vessel may be found4 7d7 ,injunction ,the ,united ,states district courts shall have jurisdiction to restrain violations of subchapter ,a1 ,b1 or ,c or this subchapter or of regulations issued under such subchapter1 for cause shown4 7e7 ,denial of entry ,except as provided in section #gjjba1 the ,secretary may1 subject to recognized principles of international law1 deny entry by any vessel that is not in compliance with subchapter ,a1 ,b1 or ,c or this subchapter or the regulations issued under such subchapter-- 7#a7 into the navigable waters of the ,united ,states2 or 7#b7 to any port or place under the jurisdiction of the ,united ,states4 7f7 ,withholding of clearance 7#a7 ,in general ,if any owner1 operator1 or individual in charge of a vessel is liable for a penalty or fine under this section1 or if reasonable cause exists to believe that the owner1 operator1 or individual in charge may be subject to a penalty or fine under this section1 the ,secretary of the ,treasury1 upon the request of the ,secretary1 shall with respect to such vessel refuse or revoke any clearance required by section #fjaje of title #df4 7#b7 ,granting clearance refused or revoked ,clearance refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the ,secretary4 4 7b7 ,clerical amendment ,the analysis at the beginning of such subtitle is amended by inserting before the item relating to chapter #gja the following3 #gjj4,ports and ,waterways ,safety#gjjja4 4 #djb4 ,conforming amendments 7a7 ,electronic charts 7#a7 ,transfer of provision ,section #d;,a of the ,ports and ,waterways ,safety ,act 7#cc ,u4,s4,c4 #abbc;a7-- 7,a7 is redesignated as section #caje of title #df1 ,united ,states ,code1 and transferred to appear after section #cajd of that title2 and 7,b7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,limitation on ,application ,except pursuant to an international treaty1 convention1 or agreement1 to which the ,united ,states is a party1 this section shall not apply to any foreign vessel that is not destined for1 or departing from1 a port or place subject to the jurisdiction of the ,united ,states and that is in-- 7#a7 innocent passage through the territorial sea of the ,united ,states2 or 7#b7 transit through the navigable waters of the ,united ,states that form a part of an international strait4 4 7#b7 ,clerical amendment ,the analysis at the beginning of chapter #ca of such title is amended by adding at the end the following3 #caje4 ,electronic charts4 4 7b7 ,port1 harbor1 and coastal facility security 7#a7 ,transfer of provisions ,so much of section #g of the ,ports and ,waterways ,safety ,act 7#cc ,u4,s4,c4 #abbf7 as precedes subsection 7c7 of that section is redesignated as section #gjaaf of title #df1 ,united ,states ,code1 and transferred to section #gjaaf of that title4 7#b7 ,definitions1 administration1 and enforcement ,section #gjaaf of title #df1 ,united ,states ,code1 as amended by paragraph 7#a7 of this subsection1 is amended by adding at the end the following3 7c7 ,definitions1 administration1 and enforcement ,this section shall be treated as part of chapter #gjj for purposes of sections #gjjca1 #gjjcb1 #gjjcd1 #gjjce1 and #gjjcf4 4 7#c7 ,clerical amendment ,the analysis at the beginning of chapter #gja of such title is amended by striking the item relating to section #gjaaf and inserting the following3 #gjaaf4 ,port1 harbor1 and coastal facility security4 4 7c7 ,nondisclosure of port security plans ,subsection 7c7 of section #g of the ,ports and ,waterways ,safety ,act 7#cc ,u4,s4,c4 #abbf71 as so designated before the application of subsection 7b77#a7 of this section-- 7#a7 is redesignated as subsection 7f7 of section #gjajc of title #df1 ,united ,states ,code1 and transferred so as to appear after subsection 7e7 of such section2 and 7#b7 is amended by striking this ,act and inserting this chapter4 7d7 ,repeal ,section #bcjg of title #df1 ,united ,states ,code1 and the item relating to that section in the analysis at the beginning of chapter #bc of that title1 are repealed4 7e7 ,repeal ,the ,ports and ,waterways ,safety ,act 7#cc ,u4,s4,c4 #abba-abca1 #abcb-abcb;b71 as amended by this ,act1 is repealed4 #djc4 ,transitional and savings provisions 7a7 ,definitions ,in this section3 7#a7 ,source provision ,the term source provision means a provision of law that is replaced by a title #df provision under this title4 7#b7 ,title #df provision ,the term title #df provision means a provision of title #df1 ,united ,states ,code1 that is enacted by section #djb4 7b7 ,cutoff date ,the title #df provisions replace certain provisions of law enacted before the date of the enactment of this ,act4 ,if a law enacted after that date amends or repeals a source provision1 that law is deemed to amend or repeal1 as the case may be1 the corresponding title #df provision4 ,if a law enacted after that date is otherwise inconsistent with a title #df provision or a provision of this title1 that law supersedes the title #df provision or provision of this title to the extent of the inconsistency4 7c7 ,original date of enactment unchanged ,for purposes of determining whether one provision of law supersedes another based on enactment later in time1 a title #df provision is deemed to have been enacted on the date of enactment of the source provision that the title #df provision replaces4 7d7 ,references to title #df provisions ,a reference to a title #df provision1 including a reference in a regulation1 order1 or other law1 is deemed to refer to the corresponding source provision4 7e7 ,references to source provisions ,a reference to a source provision1 including a reference in a regulation1 order1 or other law1 is deemed to refer to the corresponding title #df provision4 7f7 ,regulations1 orders1 and other administrative actions ,a regulation1 order1 or other administrative action in effect under a source provision continues in effect under the corresponding title #df provision4 7g7 ,actions taken and offenses committed ,an action taken or an offense committed under a source provision is deemed to have been taken or committed under the corresponding title #df provision4 #djd4 ,rule of construction ,this title1 including the amendments made by this title1 is intended only to transfer provisions of the ,ports and ,waterways ,safety ,act to title #df1 ,united ,states ,code1 and may not be construed to alter-- 7#a7 the effect of a provision of the ,ports and ,waterways ,safety ,act1 including any authority or requirement therein2 7#b7 a department or agency interpretation with respect to the ,ports and ,waterways ,safety ,act2 or 7#c7 a judicial interpretation with respect to the ,ports and ,waterways ,safety ,act4 #dje4 ,advisory committee3 repeal ,section #ah of the ,coast ,guard ,authorization ,act of #aiia 7,public ,law #ajb-bda2 #aje ,stat4 #bbac7 is repealed4 #djf4 ,regattas and marine parades 7a7 ,in general ,chapter #gjj of title #df1 ,united ,states ,code1 as established by section #dja of this ,act1 is amended by adding at the end the following3 ,v ,regattas and ,marine ,parades #gjjda4 ,regattas and marine parades 7a7 ,in general ,the ,commandant of the ,coast ,guard may issue regulations to promote the safety of life on navigable waters during regattas or marine parades4 7b7 ,detail and use of vessels ,to enforce regulations issued under this section-- 7#a7 the ,commandant may detail any public vessel in the service of the ,coast ,guard and make use of any private vessel tendered gratuitously for that purpose2 and 7#b7 upon the request of the ,commandant1 the head of any other ,federal department or agency may enforce the regulations by means of any public vessel of such department and any private vessel tendered gratuitously for that purpose4 7c7 ,transfer of authority ,the authority of the ,commandant under this section may be transferred by the ,president for any special occasion to the head of another ,federal department or agency whenever in the ,president's judgment such transfer is desirable4 7d7 ,penalties 7#a7 ,in general ,for any violation of regulations issued pursuant to this section the following penalties shall be incurred3 7,a7 ,a licensed officer shall be liable to suspension or revocation of license in the manner prescribed by law for incompetency or misconduct4 7,b7 ,any person in charge of the navigation of a vessel other than a licensed officer shall be liable to a penalty of #e1jjj4 7,c7 ,the owner of a vessel 7including any corporate officer of a corporation owning the vessel7 actually on board shall be liable to a penalty of #e1jjj1 unless the violation of regulations occurred without the owner's knowledge4 7,d7 ,any other person shall be liable to a penalty of #b1ejj4 7#b7 ,mitigation or remission ,the ,commandant may mitigate or remit any penalty provided for in this subsection in the manner prescribed by law for the mitigation or remission of penalties for violation of the navigation laws4 4 7b7 ,clerical amendment ,the analysis for chapter #gjj of title #df1 ,united ,states ,code1 as established by section #dja of this ,act1 is amended by adding at the end the following3 ,subchapter ,e--,regattas and ,marine ,parades#gjjda4 ,regattas and marine parades4 4 7c7 ,repeal ,the ,act of ,april #bh1 #aijh 7#ce ,stat4 #fi1 chapter #aea2 #cc ,u4,s4,c4 #abcc et seq471 is repealed4 #djg4 ,regulation of vessels in territorial waters of ,united ,states 7a7 ,establishment of subchapter f ,chapter #gjj of title #df1 ,united ,states ,code1 as established by section #dja of this ,act1 is amended by adding at the end the following3 ,,vi ,regulation of ,vessels in ,territorial ,waters of ,united ,states #gjjed4 ,definitions ,in this subchapter3 7#a7 ,united states ,the term ,united ,states includes all territory and waters1 continental or insular1 subject to the jurisdiction of the ,united ,states4 7#b7 ,territorial waters ,the term territorial waters of the ,united ,states includes all waters of the territorial sea of the ,united ,states as described in ,presidential ,proclamation #eibh of ,december #bg1 #aihh4 4 7b7 ,regulation of anchorage and movement of vessels during national emergency ,section #a of title ,,ii of the ,act of ,june #ae1 #aiag 7#dj ,stat4 #bbj1 chapter #cj2 #ej ,u4,s4,c4 #aia71 is amended-- 7#a7 by striking the section designation and all that follows before by proclamation and inserting the following3 #gjjea4 ,regulation of anchorage and movement of vessels during national emergency ,whenever the ,president 2 7#b7 by striking of the ,treasury2 7#c7 by striking of the department in which the ,coast ,guard is operating2 7#d7 by striking this title and inserting this subchapter2 and 7#e7 by transferring the section so that the section appears before section #gjjed of title #df1 ,united ,states ,code 7as added by subsection 7a7 of this section74 7c7 ,seizure and forfeiture of vessel2 fine and imprisonment ,section #b of title ,,ii of the ,act of ,june #ae1 #aiag 7#dj ,stat4 #bbj1 chapter #cj2 #ej ,u4,s4,c4 #aib71 is amended-- 7#a7 by striking the section designation and all that follows before agent1 and inserting the following3 #gjjeb4 ,seizure and forfeiture of vessel2 fine and imprisonment 7a7 ,in general ,if any owner1 2 7#b7 by striking this title each place it appears and inserting this subchapter2 and 7#c7 by transferring the section so that the section appears after section #gjjea of title #df1 ,united ,states ,code 7as transferred by subsection 7b7 of this section74 7d7 ,enforcement provisions ,section #d of title ,,ii of the ,act of ,june #ae1 #aiag 7#dj ,stat4 #bbj1 chapter #cj2 #ej ,u4,s4,c4 #aid71 is amended-- 7#a7 by striking all before may employ and inserting the following3 #gjjec4 ,enforcement provisions ,the ,president 2 7#b7 by striking the purpose of this title and inserting this subchapter2 and 7#c7 by transferring the section so that the section appears after section #gjjeb of title #df1 ,united ,states ,code 7as transferred by subsection 7c7 of this section74 7e7 ,clerical amendment ,the analysis for chapter #gjj of title #df1 ,united ,states ,code1 as established by section #dja of this ,act1 is amended by adding at the end the following3 ,,subchapter ,f--,,regulation ,,of ,,vessels ,,in ,,territorial ,,waters ,,of ,,united ,,states#gjjea4 ,regulation of anchorage and movement of vessels during national emergency4#gjjeb4 ,seizure and forfeiture of vessel2 fine and imprisonment4 #gjjec4 ,enforcement provisions4#gjjed4 ,definitions4 4 #djh4 ,port1 harbor1 and coastal facility security 7a7 ,transfer of provisions ,so much of section #g of the ,ports and ,waterways ,safety ,act 7#cc ,u4,s4,c4 #abbf7 as precedes subsection 7c7 of that section is redesignated as section #gjajb;a of title #df1 ,united ,states ,code1 and transferred so as to appear after section #gjajb of that title4 7b7 ,definitions1 administration1 and enforcement ,section #gjajb;a of title #df1 ,united ,states ,code1 as amended by paragraph 7#a7 of this subsection1 is amended by adding at the end the following3 7c7 ,definitions1 administration1 and enforcement ,this section shall be treated as part of chapter #gjj for purposes of sections #gjjca1 #gjjcb1 #gjjcd1 #gjjce1 and #gjjcf4 4 7c7 ,clerical amendment ,the analysis at the beginning of chapter #gja of such title is amended by inserting after the item relating to section #gjajb the following3 #gjajb;a4 ,port1 harbor1 and coastal facility security4 4 7d7 ,nondisclosure of port security plans ,subsection 7c7 of section #g of the ,ports and ,waterways ,safety ,act 7#cc ,u4,s4,c4 #abbf71 as so designated before the application of subsection 7b77#a7 of this section-- 7#a7 is redesignated as subsection 7f7 of section #gjajc of title #df1 ,united ,states ,code1 and transferred so as to appear after subsection 7e7 of such section2 and 7#b7 is amended by striking this ,act and inserting this chapter4 ,v ,maritime ,transportation ,safety #eja4 ,consistency in marine inspections 7a7 ,in general ,section #ccje of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 7#a7 ,the ,commandant of the ,coast ,guard shall ensure that ,officers in ,charge1 ,marine ,inspections consistently interpret regulations and standards under this subtitle and chapter #gjj to avoid disruption and undue expense to industry4 7#b7 7,a7 ,subject to subparagraph 7,b71 in the event of a disagreement regarding the condition of a vessel or the interpretation of a regulation or standard referred to in subsection 7a7 between a local ,officer in ,charge1 ,marine ,inspection conducting an inspection of the vessel and the ,officer in ,charge1 ,marine ,inspection that issued the most recent certificate of inspection for the vessel1 such ,officers shall seek to resolve such disagreement4 7,b7 ,if a disagreement described in subparagraph 7,a7 involves vessel design or plan review1 the ,coast ,guard marine safety center shall be included in all efforts to resolve such disagreement4 7,c7 ,if a disagreement described in subparagraph 7,a7 or 7,b7 cannot be resolved1 the local ,officer in ,charge1 ,marine ,inspection shall submit to the ,commandant of the ,coast ,guard1 through the cognizant ,coast ,guard district commander1 a request for a final agency determination of the matter in disagreement4 7#c7 ,the ,commandant of the ,coast ,guard shall-- 7,a7 provide to each person affected by a decision or action by an ,officer in ,charge1 ,marine ,inspection or by the ,coast ,guard marine safety center all information necessary for such person to exercise any right to appeal such decision or action2 and 7,b7 if such an appeal is filed1 process such appeal under parts #a through #d of title #df1 ,code of ,federal ,regulations1 as in effect on the date of enactment of the ,coast ,guard ,authorization ,act of #bjag4 7#d7 ,in this section1 the term ,officer in ,charge1 ,marine ,inspection means any person from the civilian or military branch of the ,coast ,guard who-- 7,a7 is designated as such by the ,commandant2 and 7,b7 under the superintendence and direction of the cognizant ,coast ,guard district commander1 is in charge of an inspection zone for the performance of duties with respect to the inspections under1 and enforcement and administration of1 subtitle ,,ii1 chapter #gjj1 and regulations under such laws4 4 7b7 ,report on marine inspector training ,not later than #a year after the date of the 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 training1 experience1 and qualifications required for assignment as a marine inspector under section #cab of title #ad1 ,united ,states ,code1 including-- 7#a7 a description of any continuing education requirement1 including a specific list of the required courses2 7#b7 a description of the training1 including a specific list of the included courses1 offered to a journeyman or an advanced journeyman marine inspector to advance inspection expertise2 7#c7 a description of any training that was offered in the #ae-year period before the date of the enactment of this ,act1 but is no longer required or offered1 including a specific list of the included courses1 including the senior marine inspector course and any plan review courses2 7#d7 a justification for why a course described in paragraph 7#c7 is no longer required or offered2 and 7#e7 a list of the course content the ,commandant considers necessary to promote consistency among marine inspectors in an environment of increasingly complex vessels and vessel systems4 #ejb4 ,uninspected passenger vessels in ,st4 ,louis ,county1 ,minnesota ,section #daje of title #df1 ,united ,states ,code1 amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,in applying this title with respect to an uninspected vessel of less than #be feet overall in length that carries passengers on ,crane ,lake or waters contiguous to such lake in ,st4 ,louis ,county1 ,minnesota1 the ,secretary shall substitute #ab passengers for #f passengers each place it appears in section #baja7ea74 4 #ejc4 ,engine cut-off switch requirements 7a7 ,in general ,chapter #dc of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #dcab4 ,engine cut-off switches 7a7 ,installation requirement ,a manufacturer1 distributor1 or dealer that installs propulsion machinery and associated starting controls on a covered recreational vessel shall equip such vessel with an engine cut-off switch and engine cut-off switch link that meet ,american ,boat and ,yacht ,council ,standard ,a-#cc1 as in effect on the date of the enactment of the ,coast ,guard ,authorization ,act of #bjag4 7b7 ,education on cut-off switches ,the ,commandant of the ,coast ,guard1 through the ,national ,boating ,safety ,advisory ,committee established under section #aeaje1 may initiate a boating safety program on the use and benefits of cut-off switches for recreational vessels4 7c7 ,availability of ,standard for inspection 7#a7 ,in general ,not later than #ij days after the date of the enactment of this section1 the ,commandant shall transmit ,american ,boat and ,yacht ,council ,standard ,a-#cc1 as in effect on the date of enactment of the ,coast ,guard ,authorization ,act of #bjag1 to-- 7,a7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7,b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,c7 the ,coast ,guard ,office of ,design and ,engineering ,standards2 and 7,d7 the ,national ,archives and ,records ,administration4 7#b7 ,availability ,the standard submitted under paragraph 7#a7 shall be kept on file and available for public inspection at such ,coast ,guard office and the ,national ,archives and ,records ,administration4 7d7 ,definitions ,in this section3 7#a7 ,covered recreational vessel ,the term covered recreational vessel means a recreational vessel that is-- 7,a7 less than #bf feet overall in length2 and 7,b7 capable of developing #aae pounds or more of static thrust4 7#b7 ,dealer ,the term dealer means any person who is engaged in the sale and distribution of recreational vessels or associated equipment to purchasers whom the seller in good faith believes to be purchasing any such vessel or associated equipment for purposes other than resale4 7#c7 ,distributor ,the term distributor means any person engaged in the sale and distribution of recreational vessels and associated equipment for the purposes of resale4 7#d7 ,manufacturer ,the term equipment manufacturer means any person engaged in the manufacture1 construction1 or assembly of recreational vessels or associated equipment1 or the importation of recreational vessels into the ,united ,states for subsequent sale4 7#e7 ,propulsion machinery ,the term propulsion machinery means a self-contained propulsion system1 and includes1 but is not limited to1 inboard engines1 outboard motors1 and sterndrive engines4 7#f7 ,static thrust ,the term static thrust means the forward or backwards thrust developed by propulsion machinery while stationary4 4 7b7 ,clerical amendment ,the analysis at the beginning of such chapter is amended by adding at the end the following3 #dcab4 ,engine cut-off switches4 4 7c7 ,effective date ,section #dcab of title #df1 ,united ,states ,code1 as amended by this section1 shall take effect one year after the date of the enactment of this ,act4 #ejd4 ,exception from survival craft requirements ,section #dejb7;b7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b77;,b71 by striking a survival craft and inserting subject to paragraph 7#c71 a survival craft2 7#b7 by adding at the end the following3 7#c7 ,except for a nonapplicable vessel1 an auxiliary craft shall satisfy the equipment requirement under paragraph 7#b77;,b7 if such craft is-- 7,a7 necessary for normal fishing operations2 7,b7 readily accessible during an emergency2 and 7,c7 capable1 in accordance with the ,coast ,guard capacity rating1 when applicable1 of safely holding all individuals on board the vessel to which the craft functions as an auxiliary4 2 and 7#c7 by adding at the end the following3 7k7 ,for the purposes of this section1 the term auxiliary craft means a vessel that is carried onboard a fishing vessel and is normally used to support fishing operations4 4 #eje4 ,safety standards ,section #dejb7;f7 of title #df1 ,united ,states ,code1 is amended by striking paragraphs 7#b7 and 7#c7 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 if requested by the owner or operator2 and 7#c7 shall issue a certificate of compliance to a vessel meeting the requirements of this chapter and satisfying the requirements in paragraph 7#b74 4 #ejf4 ,fishing safety grants ,section #dejb of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsections 7i7 and 7j71 by striking ,secretary each place it appears and inserting ,secretary of ,health and ,human ,services2 7#b7 in subsection 7i77#b71 as amended by paragraph 7#a71 by inserting 1 in consultation with and based on criteria established by the ,commandant of the ,coast ,guard after ,health and ,human ,services2 7#c7 in subsection 7i77#c71 by striking #ge and inserting #ej2 7#d7 in subsection 7i77#d71 by striking #c1jjj1jjj for each of fiscal years #bjae through #bjag and inserting #c1jjj1jjj for each of fiscal years #bjah through #bjai2 7#e7 in subsection 7j77#b71 as amended by paragraph 7#a71 by inserting 1 in consultation with and based on criteria established by the ,commandant of the ,coast ,guard1 after ,health and ,human ,services2 7#f7 in subsection 7j77#c71 by striking #ge and inserting #ej2 and 7#g7 in subsection 7j77#d71 by striking #c1jjj1jjj for each fiscal years #bjae through #bjag and inserting #c1jjj1jjj for each of fiscal years #bjah through #bjai4 #ejg4 ,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 #dejc7;f7 of title #df1 ,united ,states ,code1 as redesignated by section #ejh of this ,act1 is further amended to read as follows3 7f7 7#a7 ,for purposes of this section and section #dejc;a1 the term built means1 with respect to a vessel1 that the vessel's construction has reached any of the following stages3 7,a7 ,the vessel's keel is laid4 7,b7 ,construction identifiable with the vessel has begun and assembly of that vessel has commenced comprising of at least #ej metric tons or one percent of the estimated mass of all structural material1 whichever is less4 7#b7 ,in the case of a vessel greater than #gi feet overall in length1 for purposes of paragraph 7#a77;,a7 a keel is deemed to be laid when a marine surveyor affirms that a structure adequate for serving as a keel for such vessel is in place and identified for use in the construction of such vessel4 4 #ejh4 ,deadline for compliance with alternate safety compliance program 7a7 ,in general ,section #dejc7;d7 of title #df1 ,united ,states ,code1 is redesignated as section #dejc;a and transferred to appear after section #dejc of such title4 7b7 ,fishing1 fish tender1 and fish processing vessel certification ,section #dejc of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7e71 7f71 and 7g7 as subsections 7d71 7e71 and 7f71 respectively2 7#b7 in subsection 7b71 by striking subsection 7d7 and inserting section #dejc;a2 7#c7 in subsection 7c77#b77;,b77ii77,i71 by striking subsection 7e7 and inserting subsection 7d72 7#d7 in subsection 7c77#b77;,b77ii77,,ii71 by striking subsection 7f7 and inserting subsection 7e72 7#e7 in subsection 7e77#a71 as amended by paragraph 7#a7 of this subsection1 by striking subsection 7e7 each place it appears and inserting subsection 7d72 and 7#f7 in subsection 7e77#b71 as amended by paragraph 7#a7 of this subsection1 by striking subsection 7e7 each place it appears and inserting subsection 7d72 7c7 ,alternate safety compliance program ,section #dejc;a of title #df1 ,united ,states ,code1 as redesignated and transferred by subsection 7a7 of this section1 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 7#c71 7#d71 and 7#e7 as subsections 7a71 7b71 7c71 7d71 and 7e71 respectively2 7#b7 by inserting before subsection 7a71 as so redesignated1 the following3 #dejc;a4 ,alternate safety compliance program 2 7#c7 in subsection 7a71 as redesignated by paragraph 7#a7 of this subsection1 by striking ,after ,january #a1 #bjbj1 and all that follows through the ,secretary1 if and inserting ,subject to subsection 7c71 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 such an alternate safety compliance program1 if2 7#d7 in subsection 7a71 as so redesignated1 by redesignating subparagraphs 7,a71 7,b71 and 7,c7 as paragraphs 7#a71 7#b71 and 7#c71 respectively2 7#e7 in subsection 7b71 as so redesignated1 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 subsection 7a71 shall comply with such an alternate safety compliance program2 7#f7 by amending subsection 7c71 as so redesignated1 to read as follows3 7c7 ,for purposes of subsection 7a71 a separate alternate safety compliance program may be developed for a specific region or specific fishery4 2 7#g7 in subsection 7d71 as so redesignated-- 7,a7 by striking paragraph 7#a7 and inserting subsection 7a72 and 7,b7 by striking that paragraph each place it appears and inserting that subsection2 7#h7 in subsection 7e71 as so redesignated1 by-- 7,a7 inserting is not eligible to participate in an alternative safety compliance program prescribed under subsection 7a7 and after ,july #a1 #bjab2 and 7,b7 redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively2 7#i7 by adding at the end the following3 7f7 ,for the purposes of this section1 the term built has the meaning given that term in section #dejc7;f74 4 7d7 ,clerical amendment ,the analysis at the beginning of chapter #de of such title is amended by inserting after the item relating to section #dejc the following #dejc;a4 ,alternate safety compliance program4 4 7e7 ,conforming amendment ,section #cajd of title #df1 ,united ,states ,code1 is amended by striking section #dejc7;e7 and inserting section #dejc7;d74 7f7 ,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 requirements enumerated in section #dejc7;d7 of title #df1 as amended by subsection 7b77#a7 of this section4 7g7 ,alternate safety compliance program status report 7#a7 ,in general ,not later than ,january #a1 #bjbj1 the ,secretary of the department in which the ,coast ,guard is operating shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the status of the development of the alternate safety compliance program directed by section #dejc;a of title #df1 ,united ,states ,code1 as redesignated by subsection 7c74 7#b7 ,contents ,the report required under paragraph 7#a7 shall include discussion of-- 7,a7 steps taken in the rulemaking process to establish the alternate safety compliance program2 7,b7 communication and collaboration between the ,coast ,guard1 the department in which the ,coast ,guard is operating1 and the commercial fishing vessel industry regarding the development of the alternate safety compliance program2 7,c7 consideration given to developing alternate safety compliance programs for specific regions and fisheries1 as authorized in section #dejc;a7c7 of such title1 as redesignated by subsection 7c72 7,d7 any identified legislative changes necessary to implement an effective alternate safety compliance program2 and 7,e7 the timeline and planned actions that will be taken to implement regulations necessary to fully establish an alternate safety compliance program before ,january #a1 #bjbj4 #eji4 ,termination of unsafe operations2 technical correction ,section #deje7b7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking #dejc7a7 and inserting #dejc7;a77#b72 and 7#b7 by inserting before the period the following3 1 except that this paragraph shall not apply with respect to a vessel to which section #dejc;a applies4 #eaj4 ,technical corrections3 ,licenses1 certificates of registry1 and merchant mariner documents ,title #df1 ,united ,states ,code1 is amended-- 7#a7 in section #gajf7;b71 by striking merchant mariner's document1 and inserting license12 7#b7 in section #gajg7;b71 by striking merchant mariner's document1 and inserting certificate of registry12 7#c7 in section #gejg7;b77#a71 by striking licenses or certificates of registry and inserting merchant mariner documents2 and 7#d7 in section #gejg7;b77#b7 by striking merchant mariner's document4 and inserting license or certificate of registry44 #eaa4 ,clarification of logbook entries 7a7 ,in general ,section #aacjd of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking an official logbook1 which and inserting a logbook1 which may be in any form1 including electronic1 and2 and 7#b7 in subsection 7b71 by amending paragraph 7#c7 to read as follows3 7#c7 ,each illness of1 and injury to1 a seaman of the vessel1 the nature of the illness or injury1 and the medical treatment provided for the injury or illness4 4 7b7 ,technical amendment ,section #aacjd7;b7 is amended by striking log book and inserting logbook4 #eab4 ,certificates of documentation for recreational vessels ,section #abaje of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,effective ,period 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 a certificate of documentation issued under this part is valid for a #a-year period and may be renewed for additional #a-year periods4 7#b7 ,recreational vessels 7,a7 ,in general ,a certificate of documentation for a recreational vessel and the renewal of such a certificate shall be effective for a #e-year period4 7,b7 ,phase-in period ,during the period beginning ,january #a1 #bjai1 and ending ,december #ca1 #bjba1 the owner or operator of a recreational vessel may choose a period of effectiveness of between #a and #e years for such a certificate of documentation for such vessel or the renewal thereof4 7,c7 ,fees 7i7 ,requirement ,the ,secretary shall assess and collect a fee-- 7,i7 for the issuance of a certificate of documentation for a recreational vessel that is equivalent to the fee established for the issuance of a certificate of documentation under section #baaj2 and 7,,ii7 for the renewal of a certificate of documentation for a recreational vessel that is equivalent to the number of years of effectiveness of the certificate of documentation multiplied by the fee established for the renewal of a certificate of documentation under section #baaj4 7ii7 ,treatment ,fees collected under this subsection-- 7,i7 shall be credited to the account from which the costs of such issuance or renewal were paid2 and 7,,ii7 may remain available until expended4 7#c7 ,notice of change in information 7,a7 ,requirement ,the owner of a vessel shall notify the ,coast ,guard of each change in the information on which the issuance of the certificate of documentation for the vessel is based that occurs before the expiration of the certificate under this subsection1 by not later than #cj days after such change4 7,b7 ,termination of certificate ,the certificate of documentation for a vessel shall terminate upon the expiration of such #cj-;day period if the owner has not notified the ,coast ,guard of such change before the end of such period4 7#d7 ,state and local authority to remove abandoned and derelict vessels ,nothing in this section shall be construed to limit the authority of a ,state or local authority from taking action to remove an abandoned or derelict vessel4 4 #eac4 ,numbering for undocumented barges ,section #abcja7;b7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking shall and inserting may2 and 7#b7 by inserting of after barge4 #ead4 ,backup national timing system 7a7 ,short title ,this section may be cited as the ,national ,timing ,resilience and ,security ,act of #bjah4 7b7 ,in general ,chapter #cj of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cab4 ,alternative timing system 7a7 ,in general ,subject to the availability of appropriations1 the ,secretary of ,transportation shall provide for the establishment1 sustainment1 and operation of a land-based1 resilient1 and reliable alternative timing system-- 7#a7 to reduce critical dependencies and provide a complement to and backup for the timing component of the ,global ,positioning ,system 7referred to in this section as ,,gps72 and 7#b7 to ensure the availability of uncorrupted and non-degraded timing signals for military and civilian users in the event that ,,gps timing signals are corrupted1 degraded1 unreliable1 or otherwise unavailable4 7b7 ,establishment of requirements 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,national ,timing ,resilience and ,security ,act of #bjah1 the ,secretary of ,transportation shall establish requirements for the procurement of the system required by subsection 7a7 as a complement to and backup for the timing component of ,,gps in accordance with the timing requirements study required by section #afah of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #acj ,stat4 #beie74 7#b7 ,requirements ,the ,secretary of ,transportation shall ensure1 to the maximum extent practicable1 that the system established under subsection 7a7 will-- 7,a7 be wireless2 7,b7 be terrestrial2 7,c7 provide wide-area coverage2 7,d7 be synchronized with coordinated universal time2 7,e7 be resilient and extremely difficult to disrupt or degrade2 7,f7 be able to penetrate underground and inside buildings2 7,g7 be capable of deployment to remote locations2 7,h7 be developed1 constructed1 and operated incorporating applicable private sector expertise2 7,i7 work in concert with and complement any other similar positioning1 navigation1 and timing systems1 including enhanced long-range navigation systems and ,nationwide ,differential ,,gps systems2 7,j7 be available for use by ,federal and non-,federal government agencies for public purposes at no net cost to the ,federal ,government within #aj years of initiation of operation2 7,k7 be capable of adaptation and expansion to provide position and navigation capabilities2 7,l7 incorporate the recommendations from any ,,gps back-up demonstration program initiated and completed by the ,secretary1 in coordination with other ,federal agencies1 before the date specified in subsection 7c77#a72 and 7,m7 incorporate such other elements as the ,secretary considers appropriate4 7c7 ,implementation plan 7#a7 ,plan required ,not later than #ahj days after the date of enactment of the ,national ,timing ,resilience and ,security ,act of #bjah1 the ,secretary of ,transportation 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 setting forth the following3 7,a7 ,a plan to develop1 construct1 and operate the system required by subsection 7a74 7,b7 ,a description and assessment of the advantages of a system to provide a follow-on complementary and backup positioning and navigation capability to the timing component of ,,gps4 7#b7 ,deadline for commencement of operation ,the system required by subsection 7a7 shall be in operation by not later than #b years after the date of enactment of the ,national ,timing ,resilience and ,security ,act of #bjah4 7#c7 ,minimum duration of operational capability ,the system required by subsection 7a7 shall be designed to be fully operational for not less than #bj years4 7d7 ,,loran facilities 7#a7 ,in general ,if the ,secretary of ,transportation determines that any ,,loran infrastructure1 including the underlying real property and any spectrum associated with ,,loran1 in the possession of the ,coast ,guard is required by the ,department of ,transportation for the purpose of establishing the system required by subsection 7a71 the ,commandant shall transfer such property1 spectrum1 and equipment to the ,secretary4 7#b7 ,,cercla not affected ,this subsection shall not be construed to limit the application of or otherwise affect section #abj7;h7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;h77 with respect to the ,federal ,government facilities described in paragraph 7#a74 7e7 ,cooperative agreement 7#a7 ,in general ,the ,secretary of ,transportation may enter into a cooperative agreement 7as that term is described in section #fcje of title #ca7 with an entity upon such terms and conditions as the ,secretary of ,transportation determines will fulfill the purpose and requirements of this section and be in the public interest4 7#b7 ,requirements ,the cooperative agreement under paragraph 7#a7 shall1 at a minimum1 require the ,secretary of ,transportation to-- 7,a7 authorize the entity to sell timing and other services to commercial and non-commercial third parties1 subject to any national security requirements determined by the ,secretary1 in consultation with the ,secretary of ,defense2 7,b7 require the entity to develop1 construct1 and operate at private expense the backup timing system in accordance with this section2 7,c7 allow the entity to make any investments in technologies necessary over the life of such agreement to meet future requirements for advanced timing resilience and technologies2 7,d7 require the entity to share #be percent of the gross proceeds received by the entity from the sale of timing services to third parties with the ,secretary for at least #aj years after the date upon which the ,secretary enters into the cooperative agreement2 7,e7 require the entity-- 7i7 to assume all financial risk for the completion and operational capability of the system1 after the ,secretary provides any ,,loran facilities necessary for the system under subsection 7d71 if required for the alternative timing system2 and 7ii7 to furnish performance and payment bonds in connection with the system in a reasonable amount as determined by the ,secretary2 and 7,f7 require the entity to make any investments in technologies necessary over the life of the agreement to meet future requirements for advanced timing resiliency4 7#c7 ,competition required ,the ,secretary shall use competitive procedures similar to those authorized under section #bffg of title #aj in selecting an entity to enter into a cooperative agreement pursuant to this subsection4 7#d7 ,authorization to purchase services ,the ,secretary may not purchase timing system services from the entity for use by the ,department of ,transportation or for provision to other ,federal and non-,federal governmental agencies until the system achieves operational status1 and then only if the necessary funds for such purchases are provided for in subsequent yearly appropriations acts made available to the ,secretary for each and every year in which such purchases are made4 7#e7 ,determination requirement ,the ,secretary may not enter into a cooperative agreement under this subsection unless the ,secretary determines that the cooperative agreement is in the best financial interest of the ,federal ,government4 ,the ,secretary shall notify the ,committee on ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives of such determination not later than #cj days after the date of the determination4 7#f7 ,definition ,in this subsection the term entity means a non-,federal entity with the demonstrated technical expertise and requisite administrative and financial resources to meet any terms and conditions established by the ,secretary for purposes of this subsection4 4 7c7 ,table of contents ,the table of contents for chapter #c of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cab4 ,alternative timing system4 4 #eae4 ,scientific personnel ,section #baja7da7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7,a7 ,subject to subparagraph 7,b71 before the text2 and 7#b7 by adding at the end the following3 7,b7 7i7 ,such term includes an individual who is on board an oceanographic research vessel only to-- 7,i7 engage in scientific research2 7,,ii7 instruct in oceanography or limnology2 or 7,,iii7 receive instruction in oceanography or limnology4 7ii7 ,for purposes of clause 7i71 the age of an individual may not be considered in determining whether the individual is described in such clause4 4 #eaf4 ,transparency 7a7 ,in general ,the ,commandant of the ,coast ,guard shall publish any letter of determination issued by the ,coast ,guard ,national ,vessel ,documentation ,center after the date of the enactment of this ,act on the ,national ,vessel ,documentation ,center website not later than #cj days after the date of issuance of such letter of determination4 7b7 ,audit 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct an audit1 the results of which shall be made publicly available1 of-- 7,a7 the method or process by which the ,coast ,guard ,national ,vessel ,documentation ,center develops policy for and documents compliance with the requirements of section #fg4ig of title #df1 ,code of ,federal ,regulations1 for the purpose of issuing endorsements under section #abaab and #abaac of title #df1 ,united ,states ,code2 7,b7 the coordination between the ,coast ,guard and ,u4,s4 ,customs and ,border ,protection with respect to the enforcement of such requirements2 and 7,c7 the extent to which the ,secretary of the department in which the ,coast ,guard is operating and the ,secretary of ,transportation1 through the ,maritime ,administration1 have published and disseminated information to promote compliance with applicable vessel construction requirements4 7#b7 ,report ,not later than #ij days after the audit under paragraph 7#a7 is complete1 the ,comptroller ,general of the ,united ,states 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 regarding the results of and recommendations made pursuant to such audit4 7c7 ,outline ,not later than #ahj days after the date of the submission of the ,comptroller ,general of the ,united ,states report required under subsection 7b71 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 an outline of plans-- 7#a7 to enhance the transparency of the documentation process1 and communications with the maritime industry regarding such process over the next #e years2 and 7#b7 to implement the recommendations made by the ,comptroller ,general of the ,united ,states in the report required under subsection 7b77#b74 ,,vi ,advisory ,committees #fja4 ,national maritime transportation advisory committees 7a7 ,in general ,subtitle ,,ii of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 ,k ,national ,maritime ,transportation ,advisory ,committees #aea ,national ,maritime ,transportation ,advisory ,committees ,sec4#aeaja4 ,national ,chemical ,transportation ,safety ,advisory ,committee4#aeajb4 ,national ,commercial ,fishing ,safety ,advisory ,committee4#aeajc4 ,national ,merchant ,marine ,personnel ,advisory ,committee4#aeajd4 ,national ,merchant ,mariner ,medical ,advisory ,committee4#aeaje4 ,national ,boating ,safety ,advisory ,committee4#aeajf4 ,national ,offshore ,safety ,advisory ,committee4#aeajg4 ,national ,navigation ,safety ,advisory ,committee4#aeajh4 ,national ,towing ,safety ,advisory ,committee4#aeaji4 ,administration4 #aeaja4 ,national ,chemical ,transportation ,safety ,advisory ,committee 7a7 ,establishment ,there is established a ,national ,chemical ,transportation ,safety ,advisory ,committee 7in this section referred to as the ,committee74 7b7 ,function ,the ,committee shall advise the ,secretary on matters relating to the safe and secure marine transportation of hazardous materials4 7c7 ,membership 7#a7 ,in general ,the ,committee shall consist of not more than #be members appointed by the ,secretary in accordance with this section and section #aeaji of this chapter4 7#b7 ,expertise ,each member of the ,committee shall have particular expertise1 knowledge1 and experience in matters relating to the function of the ,committee4 7#c7 ,representation ,each member of the ,committee shall represent #a of the following3 7,a7 ,chemical manufacturing entities4 7,b7 ,entities related to marine handling or transportation of chemicals4 7,c7 ,vessel design and construction entities4 7,d7 ,marine safety or security entities4 7,e7 ,marine environmental protection entities4 7#d7 ,distribution ,the ,secretary shall1 based on the needs of the ,coast ,guard1 determine the number of members of the ,committee who represent each entity specified in paragraph 7#c74 ,neither this paragraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in paragraph 7#c74 #aeajb4 ,national ,commercial ,fishing ,safety ,advisory ,committee 7a7 ,establishment ,there is established a ,national ,commercial ,fishing ,safety ,advisory ,committee 7in this section referred to as the ,committee74 7b7 ,function ,the ,committee shall-- 7#a7 advise the ,secretary on matters relating to the safe operation of vessels to which chapter #de of this title applies1 including the matters of-- 7,a7 navigation safety2 7,b7 safety equipment and procedures2 7,c7 marine insurance2 7,d7 vessel design1 construction1 maintenance1 and operation2 and 7,e7 personnel qualifications and training2 and 7#b7 review regulations proposed under chapter #de of this title 7during preparation of the regulations74 7c7 ,membership 7#a7 ,in general ,the ,committee shall consist of #ah members appointed by the ,secretary in accordance with this section and section #aeaji of this chapter4 7#b7 ,expertise ,each member of the ,committee shall have particular expertise1 knowledge1 and experience in matters relating to the function of the ,committee4 7#c7 ,representation ,members of the ,committee shall be appointed as follows3 7,a7 #aj members shall represent the commercial fishing industry and-- 7i7 as a group1 shall together reflect a regional and representational balance2 and 7ii7 as individuals1 shall each have experience-- 7,i7 in the operation of vessels to which chapter #de of this title applies2 or 7,,ii7 as a crew member or processing line worker on a fish processing vessel4 7,b7 #a member shall represent naval architects and marine engineers4 7,c7 #a member shall represent manufacturers of equipment for vessels to which chapter #de of this title applies4 7,d7 #a member shall represent education and training professionals related to fishing vessel1 fish processing vessel1 and fish tender vessel safety and personnel qualifications4 7,e7 #a member shall represent underwriters that insure vessels to which chapter #de of this title applies4 7,f7 #a member shall represent owners of vessels to which chapter #de of this title applies4 7,g7 #c members shall represent the general public and1 to the extent possible1 shall include-- 7i7 an independent expert or consultant in maritime safety2 7ii7 a marine surveyor who provides services to vessels to which chapter #de of this title applies2 and 7iii7 a person familiar with issues affecting fishing communities and the families of fishermen4 #aeajc4 ,national ,merchant ,marine ,personnel ,advisory ,committee 7a7 ,establishment ,there is established a ,national ,merchant ,marine ,personnel ,advisory ,committee 7in this section referred to as the ,committee74 7b7 ,function ,the ,committee shall advise the ,secretary on matters relating to personnel in the ,united ,states merchant marine1 including the training1 qualifications1 certification1 documentation1 and fitness of mariners4 7c7 ,membership 7#a7 ,in general ,the ,committee shall consist of #ai members appointed by the ,secretary in accordance with this section and section #aeaji of this chapter4 7#b7 ,expertise ,each member of the ,committee shall have particular expertise1 knowledge1 and experience in matters relating to the function of the ,committee4 7#c7 ,representation ,members of the ,committee shall be appointed as follows3 7,a7 #i members shall represent mariners and1 of the #i-- 7i7 each shall-- 7,i7 be a citizen of the ,united ,states2 and 7,,ii7 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 7ii7 #c shall be deck officers who represent merchant marine deck officers and1 of the #c-- 7,i7 #b shall be licensed for oceans any gross tons2 7,,ii7 #a shall be licensed for inland river route with a limited or unlimited tonnage2 7,,iii7 #b shall have a master's license or a master of towing vessels license2 7,,iv7 #a shall have significant tanker experience2 and 7,v7 to the extent practicable-- 7aa7 #a shall represent labor2 and 7bb7 #a shall represent management2 7iii7 #c shall be engineering officers who represent merchant marine engineering officers and1 of the #c-- 7,i7 #b shall be licensed as chief engineer any horsepower2 7,,ii7 #a shall be licensed as either a limited chief engineer or a designated duty engineer2 and 7,,iii7 to the extent practicable-- 7aa7 #a shall represent labor2 and 7bb7 #a shall represent management2 7iv7 #b shall be unlicensed seamen who represent merchant marine unlicensed seaman and1 of the #b-- 7,i7 #a shall represent able-bodied seamen2 and 7,,ii7 #a shall represent qualified members of the engine department2 and 7v7 #a shall be a pilot who represents merchant marine pilots4 7,b7 #f members shall represent marine educators and1 of the #f-- 7i7 #c shall be marine educators who represent maritime academies and1 of the #c-- 7,i7 #b shall represent ,state maritime academies 7and are jointly recommended by such academies72 and 7,,ii7 #a shall represent either ,state maritime academies or the ,united ,states ,merchant ,marine ,academy2 and 7ii7 #c shall be marine educators who represent other maritime training institutions and1 of the #c1 #a shall represent the small vessel industry4 7,c7 #b members shall represent shipping companies employed in ship operation management4 7,d7 #b members shall represent the general public4 #aeajd4 ,national ,merchant ,mariner ,medical ,advisory ,committee 7a7 ,establishment ,there is established a ,national ,merchant ,mariner ,medical ,advisory ,committee 7in this section referred to as the ,committee74 7b7 ,function ,the ,committee shall advise the ,secretary on matters relating to-- 7#a7 medical certification determinations for the issuance of licenses1 certification of registry1 and merchant mariners' documents with respect to 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 ,membership 7#a7 ,in general ,the ,committee shall consist of #ad members appointed by the ,secretary in accordance with this section and section #aeaji of this chapter4 7#b7 ,expertise ,each member of the ,committee shall have particular expertise1 knowledge1 and experience in matters relating to the function of the ,committee4 7#c7 ,representation ,members of the ,committee shall be appointed as follows3 7,a7 #i shall represent health-care professionals and have particular expertise1 knowledge1 and experience regarding the medical examinations of merchant mariners or occupational medicine4 7,b7 #e shall represent professional mariners and have particular expertise1 knowledge1 and experience in occupational requirements for mariners4 #aeaje4 ,national ,boating ,safety ,advisory ,committee 7a7 ,establishment ,there is established a ,national ,boating ,safety ,advisory ,committee 7in this section referred to as the ,committee74 7b7 ,function ,the ,committee shall advise the ,secretary on matters relating to national boating safety4 7c7 ,membership 7#a7 ,in general ,the ,committee shall consist of #ba members appointed by the ,secretary in accordance with this section and section #aeaji of this chapter4 7#b7 ,expertise ,each member of the ,committee shall have particular expertise1 knowledge1 and experience in matters relating to the function of the ,committee4 7#c7 ,representation ,members of the ,committee shall be appointed as follows3 7,a7 #g members shall represent ,state officials responsible for ,state boating safety programs4 7,b7 #g members shall represent recreational vessel and associated equipment manufacturers4 7,c7 #g members shall represent the general public or national recreational boating organizations and1 of the #g1 at least #e shall represent national recreational boating organizations4 #aeajf4 ,national ,offshore ,safety ,advisory ,committee 7a7 ,establishment ,there is established a ,national ,offshore ,safety ,advisory ,committee 7in this section referred to as the ,committee74 7b7 ,function ,the ,committee shall advise the ,secretary on matters relating to activities directly involved with1 or in support of1 the exploration of offshore mineral and energy resources1 to the extent that such matters are within the jurisdiction of the ,coast ,guard4 7c7 ,membership 7#a7 ,in general ,the ,committee shall consist of #ae members appointed by the ,secretary in accordance with this section and section #aeaji of this chapter4 7#b7 ,expertise ,each member of the ,committee shall have particular expertise1 knowledge1 and experience in matters relating to the function of the ,committee4 7#c7 ,representation ,members of the ,committee shall be appointed as follows3 7,a7 #b members shall represent entities engaged in the production of petroleum4 7,b7 #b members shall represent entities engaged in offshore drilling4 7,c7 #b members shall represent entities engaged in the support1 by offshore supply vessels or other vessels1 of offshore mineral and oil operations1 including geophysical services4 7,d7 #a member shall represent entities engaged in the construction of offshore exploration and recovery facilities4 7,e7 #a member shall represent entities engaged in diving services related to offshore construction1 inspection1 and maintenance4 7,f7 #a member shall represent entities engaged in safety and training services related to offshore exploration and construction4 7,g7 #a member shall represent entities engaged in pipelaying services related to offshore construction4 7,h7 #b members shall represent individuals employed in offshore operations and1 of the #b1 #a shall have recent practical experience on a vessel or offshore unit involved in the offshore mineral and energy industry4 7,i7 #a member shall represent national environmental entities4 7,j7 #a member shall represent deepwater ports4 7,k7 #a member shall represent the general public 7but not a specific environmental group74 #aeajg4 ,national ,navigation ,safety ,advisory ,committee 7a7 ,establishment ,there is established a ,national ,navigation ,safety ,advisory ,committee 7in this section referred to as the ,committee74 7b7 ,function ,the ,committee shall advise the ,secretary on matters relating to maritime collisions1 rammings1 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 ,membership 7#a7 ,in general ,the ,committee shall consist of not more than #ba members appointed by the ,secretary in accordance with this section and section #aeaji of this chapter4 7#b7 ,expertise ,each member of the ,committee shall have particular expertise1 knowledge1 and experience in matters relating to the function of the ,committee4 7#c7 ,representation ,each member of the ,committee shall represent #a of the following3 7,a7 ,commercial vessel owners or operators4 7,b7 ,professional mariners4 7,c7 ,recreational boaters4 7,d7 ,the recreational boating industry4 7,e7 ,state agencies responsible for vessel or port safety4 7,f7 ,the ,maritime ,law ,association4 7#d7 ,distribution ,the ,secretary shall1 based on the needs of the ,coast ,guard1 determine the number of members of the ,committee who represent each entity specified in paragraph 7#c74 ,neither this paragraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in paragraph 7#c74 #aeajh4 ,national ,towing ,safety ,advisory ,committee 7a7 ,establishment ,there is established a ,national ,towing ,safety ,advisory ,committee 7in this section referred to as the ,committee74 7b7 ,function ,the ,committee shall advise the ,secretary on matters relating to shallow-draft inland navigation1 coastal waterway navigation1 and towing safety4 7c7 ,membership 7#a7 ,in general ,the ,committee shall consist of #ah members appointed by the ,secretary in accordance with this section and section #aeaji of this chapter4 7#b7 ,expertise ,each member of the ,committee shall have particular expertise1 knowledge1 and experience in matters relating to the function of the ,committee4 7#c7 ,representation ,members of the ,committee shall be appointed as follows3 7,a7 #g members shall represent the barge and towing industry1 reflecting a regional geographic balance4 7,b7 #a member shall represent the offshore mineral and oil supply vessel industry4 7,c7 #a member shall represent masters and pilots of towing vessels who hold active licenses and have experience on the ,western ,rivers and the ,gulf ,intracoastal ,waterway4 7,d7 #a member shall represent masters of towing vessels in offshore service who hold active licenses4 7,e7 #a member shall represent masters of active ship-docking or harbor towing vessels4 7,f7 #a member shall represent licensed and unlicensed towing vessel engineers with formal training and experience4 7,g7 #b members shall represent port districts1 authorities1 or terminal operators4 7,h7 #b members shall represent shippers and1 of the #b1 #a shall be engaged in the shipment of oil or hazardous materials by barge4 7,i7 #b members shall represent the general public4 #aeaji4 ,administration 7a7 ,meetings ,each committee established under this chapter shall1 at least once each year1 meet at the call of the ,secretary or a majority of the members of the committee4 7b7 ,employee status ,a member of a committee established under this chapter shall not be considered an employee of the ,federal ,government by reason of service on such committee1 except for the purposes of the following3 7#a7 ,chapter #ha of title #e4 7#b7 ,chapter #aga of title #bh and any other ,federal law relating to tort liability4 7c7 ,compensation ,notwithstanding subsection 7b71 a member of a committee established under this chapter1 when actually engaged in the performance of the duties of such committee1 may-- 7#a7 receive compensation at a rate established by the ,secretary1 not to exceed the maximum daily rate payable under section #ecgf of title #e2 or 7#b7 if not compensated in accordance with paragraph 7#a7-- 7,a7 be reimbursed for actual and reasonable expenses incurred in the performance of such duties2 or 7,b7 be allowed travel expenses1 including per diem in lieu of subsistence1 as authorized by section #egjc of title #e4 7d7 ,acceptance of volunteer services ,a member of a committee established under this chapter may serve on such committee on a voluntary basis without pay without regard to section #acdb of title #ca or any other law4 7e7 ,status of members 7#a7 ,in general ,except as provided in paragraph 7#b71 with respect to a member of a committee established under this chapter whom the ,secretary appoints to represent an entity or group-- 7,a7 the member is authorized to represent the interests of the applicable entity or group2 and 7,b7 requirements under ,federal law that would interfere with such representation and that apply to a special ,government employee 7as defined in section #bjb7;a7 of title #ah71 including requirements relating to employee conduct1 political activities1 ethics1 conflicts of interest1 and corruption1 do not apply to the member4 7#b7 ,exception ,notwithstanding subsection 7b71 a member of a committee established under this chapter shall be treated as a special ,government employee for purposes of the committee service of the member if-- 7,a7 the ,secretary appointed the member to represent the general public2 or 7,b7 the member1 without regard to service on the committee1 is a special ,government employee4 7f7 ,service on ,committee 7#a7 ,solicitation of nominations ,before appointing an individual as a member of a committee established under this chapter1 the ,secretary shall publish1 in the ,federal ,register1 a timely notice soliciting nominations for membership on such committee4 7#b7 ,appointments 7,a7 ,in general ,after considering nominations received pursuant to a notice published under paragraph 7#a71 the ,secretary may1 as necessary1 appoint a member to the applicable committee established under this chapter4 7,b7 ,prohibition ,the ,secretary shall not seek1 consider1 or otherwise use information concerning the political affiliation of a nominee in making an appointment to any committee established under this chapter4 7#c7 ,service at pleasure of the ,secretary 7,a7 ,in general ,each member of a committee established under this chapter shall serve at the pleasure of the ,secretary4 7,b7 ,exception ,notwithstanding subparagraph 7,a71 a member of the committee established under section #aeajb may only be removed prior to the end of the term of that member for just cause4 7#d7 ,security background examinations ,the ,secretary may require an individual to have passed an appropriate security background examination before appointment to a committee established under this chapter4 7#e7 ,prohibition 7,a7 ,in general ,except as provided in subparagraph 7,b71 a ,federal employee may not be appointed as a member of a committee established under this chapter4 7,b7 ,special rule for ,national ,merchant ,marine ,personnel ,advisory ,committee ,the ,secretary may appoint a ,federal employee to serve as a member of the ,national ,merchant ,marine ,personnel ,advisory ,committee to represent the interests of the ,united ,states ,merchant ,marine ,academy and1 notwithstanding paragraphs 7#a7 and 7#b71 may do so without soliciting1 receiving1 or considering nominations for such appointment4 7#f7 ,terms 7,a7 ,in general ,the term of each member of a committee established under this chapter shall expire on ,december #ca of the third full year after the effective date of the appointment4 7,b7 ,continued service after term ,when the term of a member of a committee established under this chapter ends1 the member1 for a period not to exceed #a year1 may continue to serve as a member until a successor is appointed4 7#g7 ,vacancies ,a vacancy on a committee established under this chapter shall be filled in the same manner as the original appointment4 7#h7 ,special rule for reappointments ,notwithstanding paragraphs 7#a7 and 7#b71 the ,secretary may reappoint a member of a committee established under this chapter for any term1 other than the first term of the member1 without soliciting1 receiving1 or considering nominations for such appointment4 7g7 ,staff services ,the ,secretary shall furnish to each committee established under this chapter any staff and services considered by the ,secretary to be necessary for the conduct of the committee's functions4 7h7 ,chairman2 ,vice ,chairman 7#a7 ,in general ,each committee established under this chapter shall elect a ,chairman and ,vice ,chairman from among the committee's members4 7#b7 ,vice ,chairman acting as ,chairman ,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 7i7 ,subcommittees and working groups 7#a7 ,in general ,the ,chairman of a committee established under this chapter may establish and disestablish subcommittees and working groups for any purpose consistent with the function of the committee4 7#b7 ,participants ,subject to conditions imposed by the ,chairman1 members of a committee established under this chapter and additional persons drawn from entities or groups designated by this chapter to be represented on the committee or the general public may be assigned to subcommittees and working groups established under paragraph 7#a74 7#c7 ,chair ,only committee members may chair subcommittees and working groups established under paragraph 7#a74 7j7 ,consultation1 advice1 reports1 and recommendations 7#a7 ,consultation 7,a7 ,in general ,before taking any significant action1 the ,secretary shall consult with1 and consider the information1 advice1 and recommendations of1 a committee established under this chapter if the function of the committee is to advise the ,secretary on matters related to the significant action4 7,b7 ,inclusion ,for purposes of this paragraph1 regulations proposed under chapter #de of this title are significant actions4 7#b7 ,advice1 reports1 and recommendations ,each committee established under this chapter shall submit1 in writing1 to the ,secretary its advice1 reports1 and recommendations1 in a form and at a frequency determined appropriate by the committee4 7#c7 ,explanation of actions taken ,not later than #fj days after the date on which the ,secretary receives recommendations from a committee under paragraph 7#b71 the ,secretary shall-- 7,a7 publish the recommendations on a website accessible at no charge to the public2 7,b7 if the recommendations are from the committee established under section #aeajb1 establish a mechanism for the submission of public comments on the recommendations2 and 7,c7 respond1 in writing1 to the committee regarding the recommendations1 including by providing an explanation of actions taken regarding the recommendations4 7#d7 ,submission to ,congress 7,a7 ,in general ,the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate the advice1 reports1 and recommendations received from committees under paragraph 7#b74 7,b7 ,additional submission ,with respect to a committee established under section #gjaab and to which this section applies1 the ,secretary shall submit the advice1 reports1 and recommendations received from the committee under paragraph 7#b7 to the ,committee on ,homeland ,security of the ,house of ,representatives in addition to the committees specified in subparagraph 7,a74 7k7 ,observers ,any ,federal agency with matters under such agency's administrative jurisdiction related to the function of a committee established under this chapter may designate a representative to-- 7#a7 attend any meeting of such committee2 and 7#b7 participate as an observer at meetings of such committee that relate to such a matter4 7l7 ,termination ,each committee established under this chapter shall terminate on ,september #cj1 #bjbg4 4 7b7 ,clerical amendment ,the analysis for subtitle ,,ii of title #df1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #adg the following3 ,part ,k-,national ,maritime ,transportation ,advisory ,committees#aea4,national ,maritime ,transportation ,advisory ,committees#aeaja 4 7c7 ,conforming amendments 7#a7 ,commercial ,fishing ,safety ,advisory ,committee ,section #dejh of title #df1 ,united ,states ,code1 and the item relating to that section in the analysis for chapter #de of that title1 are repealed4 7#b7 ,merchant ,mariner ,medical ,advisory ,committee ,section #gaae of title #df1 ,united ,states ,code1 and the item relating to that section in the analysis for chapter #ga of that title1 are repealed4 7#c7 ,merchant ,marine ,personnel ,advisory ,committee 7,a7 ,repeal ,section #hajh of title #df1 ,united ,states ,code1 and the item relating to that section in the analysis for chapter #ha of that title1 are repealed4 7,b7 ,conforming amendment ,section #geaj7;c77#a77;,c7 of title #df1 ,united ,states ,code1 is amended by inserting ,national before ,merchant ,marine4 7#d7 ,national ,boating ,safety ,advisory ,council 7,a7 ,repeal ,section #acaaj of title #df1 ,united ,states ,code1 and the item relating to that section in the analysis for chapter #aca of that title1 are repealed4 7,b7 ,conforming amendments 7i7 ,regulations ,section #dcjb7;c77#d7 of title #df1 ,united ,states ,code1 is amended by striking ,council established under section #acaaj of this title and inserting ,committee established under section #aeaje of this title4 7ii7 ,repair and replacement of defects ,section #dcaj7;f7 of title #df1 ,united ,states ,code1 is amended by striking ,advisory ,council and inserting ,advisory ,committee4 7#e7 ,navigation ,safety ,advisory ,council ,section #e of the ,inland ,navigational ,rules ,act of #aihj 7#cc ,u4,s4,c4 #bjgc7 is repealed4 7#f7 ,towing ,safety ,advisory ,committee 7,a7 ,repeal ,public ,law #if-chj 7#cc ,u4,s4,c4 #abca;a7 is repealed4 7,b7 ,conforming amendments 7i7 ,reduction of oil spills from single hull non-self-propelled tank vessels ,section #cgai of title #df1 ,united ,states ,code1 is amended by inserting ,national before ,towing ,safety4 7ii7 ,safety equipment ,section #dajb7;f77#a7 of title #df1 ,united ,states ,code1 is amended by inserting ,national before ,towing ,safety4 7d7 ,treatment of existing councils and committees ,notwithstanding any other provision of law-- 7#a7 an advisory council or committee substantially similar to an advisory committee established under chapter #aea of title #df1 ,united ,states ,code1 as added by this ,act1 and that was in force or in effect on the day before the date of enactment of this section1 including a council or committee the authority for which was repealed under subsection 7c71 may remain in force or in effect for a period of #b years from the date of enactment of this section1 including that the charter1 membership1 and other aspects of the council or committee may remain in force or in effect2 and 7#b7 during the #b-year period referenced in paragraph 7#a7-- 7,a7 requirements relating to the applicable advisory committee established under chapter #aea of title #df1 ,united ,states ,code1 shall be treated as satisfied by the substantially similar advisory council or committee2 and 7,b7 the enactment of this section1 including the amendments made in this section1 shall not be the basis-- 7i7 to deem1 find1 or declare such council or committee1 including the charter1 membership1 and other aspects thereof1 void1 not in force1 or not in effect2 7ii7 to suspend the activities of such council or committee2 or 7iii7 to bar the members of such council or committee from meeting4 #fjb4 ,maritime ,security ,advisory ,committees 7a7 ,in general ,section #gjaab of title #df1 ,united ,states ,code1 is amended to read as follows3 #gjaab4 ,maritime ,security ,advisory ,committees 7a7 ,national ,maritime ,security ,advisory ,committee 7#a7 ,establishment ,there is established a ,national ,maritime ,security ,advisory ,committee 7in this subsection referred to as the #8,committee'74 7#b7 ,function ,the ,committee shall advise the ,secretary on matters relating to national maritime security1 including on enhancing the sharing of information related to cybersecurity risks that may cause a transportation security incident1 between relevant ,federal agencies and-- 7,a7 ,state1 local1 and tribal governments2 7,b7 relevant public safety and emergency response agencies2 7,c7 relevant law enforcement and security organizations2 7,d7 maritime industry2 7,e7 port owners and operators2 and 7,f7 terminal owners and operators4 7#c7 ,membership 7,a7 ,in general ,the ,committee shall consist of at least #h members1 but not more than #ba members1 appointed by the ,secretary in accordance with this subsection and section #aeaji of this title4 7,b7 ,expertise ,each member of the ,committee shall have particular expertise1 knowledge1 and experience in matters relating to the function of the ,committee4 7,c7 ,representation ,each of the following shall be represented by at least #a member of the ,committee3 7i7 ,port authorities4 7ii7 ,facilities owners and operators4 7iii7 ,terminal owners and operators4 7iv7 ,vessel owners and operators4 7v7 ,maritime labor organizations4 7vi7 ,the academic community4 7vii7 ,state and local governments4 7viii7 ,the maritime industry4 7,d7 ,distribution ,if the ,committee consists of at least #h members who1 together1 satisfy the minimum representation requirements of subparagraph 7,c71 the ,secretary shall1 based on the needs of the ,coast ,guard1 determine the number of additional members of the ,committee who represent each entity specified in that subparagraph4 ,neither this subparagraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in subparagraph 7,c74 7#d7 ,administration ,for purposes of section #aeaji of this title1 the ,committee shall be treated as a committee established under chapter #aea of such title4 7b7 ,area ,maritime ,security ,advisory ,committees 7#a7 ,in general 7,a7 ,establishment ,the ,secretary may-- 7i7 establish an ,area ,maritime ,security ,advisory ,committee for any port area of the ,united ,states2 and 7ii7 request such a 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 ,additional functions and meetings ,a committee established under this subsection for an area-- 7i7 may advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to maritime security in that area2 7ii7 may make available to the ,congress recommendations that the committee makes to the ,secretary2 and 7iii7 shall meet at the call of-- 7,i7 the ,secretary1 who shall call such a meeting at least once during each calendar year2 or 7,,ii7 a majority of the committee4 7#b7 ,membership 7,a7 ,in general ,each committee established under this subsection shall consist of at least #g members appointed by the ,secretary1 each of whom has at least #e years practical experience in maritime security operations4 7,b7 ,terms ,the term of each member of a committee established under this subsection shall be for a period of not more than #e years1 specified by the ,secretary4 7,c7 ,notice ,before appointing an individual to a position on a committee established under this subsection1 the ,secretary shall publish a notice in the ,federal ,register soliciting nominations for membership on the committee4 7,d7 ,background examinations ,the ,secretary may require an individual to have passed an appropriate security background examination before appointment to a committee established under this subsection4 7,e7 ,representation ,each committee established under this subsection shall be composed of individuals who represent the interests of the port industry1 terminal operators1 port labor organizations1 and other users of the port areas4 7#c7 ,chairperson and ,vice ,chairperson 7,a7 ,in general ,each committee established under this subsection shall elect #a of the committee's members as the ,chairperson and #a of the committee's members as the ,vice ,chairperson4 7,b7 ,vice ,chairperson acting as ,chairperson ,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#d7 ,observers 7,a7 ,in general ,the ,secretary shall1 and the head of any other interested ,federal agency may1 designate a representative to participate as an observer with a committee established under this subsection4 7,b7 ,role ,the ,secretary's designated representative to a committee established under this subsection 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 7#e7 ,consideration of ,views ,the ,secretary shall consider the information1 advice1 and recommendations of each committee established under this subsection in formulating policy regarding matters affecting maritime security4 7#f7 ,compensation and ,expenses 7,a7 ,in general ,a member of a committee established under this subsection1 when attending meetings of the committee or when otherwise engaged in the business of the committee1 is entitled to receive-- 7i7 compensation at a rate fixed by the ,secretary1 not exceeding the daily equivalent of the current rate of basic pay in effect for ,,gs-#ae of the ,general ,schedule under section #eccb of title #e including travel time2 and 7ii7 travel or transportation expenses under section #egjc of title #e4 7,b7 ,status ,a member of a committee established under this subsection shall not be considered to be an officer or employee of the ,united ,states for any purpose based on the receipt of any payment under this paragraph4 7#g7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 does not apply to a committee established under this subsection4 4 7b7 ,treatment of existing committee ,notwithstanding any other provision of law-- 7#a7 an advisory committee substantially similar to the ,national ,maritime ,security ,advisory ,committee established under section #gjaab7;a7 of title #df1 ,united ,states ,code1 as amended by this section1 and that was in force or in effect on the day before the date of enactment of this section1 may remain in force or in effect for a period of #b years from the date of enactment of this section1 including that the charter1 membership1 and other aspects of the committee may remain in force or in effect2 and 7#b7 during the #b-year period referenced in paragraph 7#a7-- 7,a7 requirements relating to the ,national ,maritime ,security ,advisory ,committee established under section #gjaab7;a7 of title #df1 ,united ,states ,code1 as amended by this section1 shall be treated as satisfied by the substantially similar advisory committee2 and 7,b7 the enactment of this section1 including the amendments made in this section1 shall not be the basis-- 7i7 to deem1 find1 or declare such committee1 including the charter1 membership1 and other aspects thereof1 void1 not in force1 or not in effect2 7ii7 to suspend the activities of such committee2 or 7iii7 to bar the members of such committee from meeting4 ,,vii ,federal ,maritime ,commission #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 #bh1jab1caj for fiscal year #bjah and #bh1edd1edc for fiscal year #bjai4 #gjc4 ,reporting on impact of alliances on competition ,section #cjf of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#d71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#f7 an analysis of the impacts on competition for the purchase of certain covered services by alliances of ocean common carriers acting pursuant to an agreement under this part between or among ocean common carriers1 including a summary of actions1 including corrective actions1 taken by the ,commission to promote such competition4 2 and 7#b7 by adding at the end the following3 7c7 ,definition of certain covered services ,in this section1 the term certain covered services has the meaning given the term in section #djajb4 4 #gjd4 ,definition of certain covered services ,section #djajb of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#e7 through 7#be7 as paragraphs 7#f7 through 7#bf71 respectively2 and 7#b7 by inserting after paragraph 7#d71 the following3 7#e7 ,certain covered services ,for purposes of sections #daaje and #dacjg1 the term certain covered services means1 with respect to a vessel-- 7,a7 the berthing or bunkering of the vessel2 7,b7 the loading or unloading of cargo to or from the vessel to or from a point on a wharf or terminal2 7,c7 the positioning1 removal1 or replacement of buoys related to the movement of the vessel2 and 7,d7 with respect to injunctive relief under section #dacjg1 towing vessel services provided to such a vessel4 4 #gje4 ,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 ,any report1 account1 record1 rate1 charge1 or memorandum required to be filed under paragraph 7#a7 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 7#c7 ,limitation ,the ,commission shall-- 7,a7 limit the scope of any filing ordered under this section to fulfill the objective of the order2 and 7,b7 provide a reasonable period of time for respondents to respond based upon their capabilities and the scope of the order4 4 #gjf4 ,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 #gjg4 ,ocean transportation intermediaries 7a7 ,license requirement ,section #djija7;a7 of title #df1 ,united ,states ,code1 is amended by inserting advertise1 hold oneself out1 or after may not4 7b7 ,applicability ,section #djija of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,applicability ,subsection 7a7 and section #djijb do not apply to a person that performs ocean transportation intermediary services on behalf of an ocean transportation intermediary for which it is a disclosed agent4 4 7c7 ,financial responsibility ,section #djijb7;a7 of title #df1 ,united ,states ,code1 is amended by inserting advertise1 hold oneself out1 or after may not4 #gjh4 ,common carriers 7a7 ,section #daajd of title #df1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by inserting 7a7 ,in general4-- before ,a common carrier2 7#b7 in subsection 7a71 as designated-- 7,a7 by amending paragraph 7#aa7 to read as follows3 7#aa7 knowingly and willfully accept cargo from or transport cargo for the account of a non-vessel-operating common carrier that does not have a tariff as required by section #djeja of this title1 or an ocean transportation intermediary that does not have a bond1 insurance1 or other surety as required by section #djijb of this title2 2 7,b7 in paragraph 7#ab71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7#ac7 continue to participate simultaneously in a rate discussion agreement and an agreement to share vessels1 in the same trade1 if the interplay of the authorities exercised by the specified agreements is likely1 by a reduction in competition1 to produce an unreasonable reduction in transportation service or an unreasonable increase in transportation cost4 2 and 7#c7 by adding at the end the following3 7b7 ,rule of construction ,notwithstanding any other provision of law1 there is no private right of action to enforce the prohibition under subsection 7a77#ac74 7c7 ,agreement violation ,participants in an agreement found by the ,commission to violate subsection 7a77#ac7 shall have #ij days from the date of such ,commission finding to withdraw from the agreement as necessary to comply with that subsection4 4 7b7 ,application ,section #daajd7;a77#ac7 of title #df1 ,united ,states ,code1 as amended1 shall apply to any agreement filed or with an effective date before1 on1 or after the date of enactment of this ,act4 #gji4 ,negotiations 7a7 ,concerted action ,section #daaje of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#e7 through 7#h7 as paragraphs 7#g7 through 7#aj71 respectively2 and 7#b7 by inserting after paragraph 7#d7 the following3 7#e7 negotiate with a tug or towing vessel service provider on any matter relating to rates or services provided within the ,united ,states by those tugs or towing vessels2 7#f7 with respect to a vessel operated by an ocean common carrier within the ,united ,states1 negotiate for the purchase of certain covered services1 unless the negotiations and any resulting agreements are not in violation of the antitrust laws and are consistent with the purposes of this part1 except that this paragraph does not prohibit the setting and publishing of a joint through rate by a conference1 joint venture1 or association of ocean common carriers2 4 7b7 ,authority ,chapter #daa of title #df1 ,united ,states ,code1 is amended-- 7#a7 by inserting after section #daaje the following3 #daaje;,a4 ,authority ,nothing in section #daaje1 as amended by the ,federal ,maritime ,commission ,authorization ,act of #bjag1 shall be construed to limit the authority of the ,department of ,justice regarding antitrust matters4 2 and 7#b7 in the analysis at the beginning of chapter #daa1 by inserting after the item relating to section #daaje the following3 #daaje;,a4 ,authority4 4 7c7 ,exemption ,section #djcjg7;b77#a7 of title #df1 ,united ,states ,code1 is amended by inserting tug operators1 after motor carriers14 #gaj4 ,injunctive relief sought by the ,commission 7a7 ,in general ,section #dacjg7;b7 of title #df1 ,united ,states ,code is amended-- 7#a7 in paragraph 7#a7 by inserting or to substantially lessen competition in the purchasing of certain covered services after transportation cost2 and 7#b7 by adding at the end the following3 7#d7 ,competition factors ,in making a determination under this subsection regarding whether an agreement is likely to substantially lessen competition in the purchasing of certain covered services1 the ,commission may consider any relevant competition factors in affected markets1 including1 without limitation1 the competitive effect of agreements other than the agreement under review4 4 7b7 ,application ,section #dacjg7;b7 of title #df1 ,united ,states ,code1 as amended1 shall apply to any agreement filed or with an effective date before1 on1 or after the date of enactment of this ,act4 #gaa4 ,discussions 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 7,c7 at least #a ,commissioner from each political party is present at the meeting1 if applicable2 and 7,d7 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 analysis at the beginning 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 #gab4 ,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 #gac4 ,study of bankruptcy preparation and response 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study that examines the immediate aftermath of a major ocean carrier bankruptcy and its impact through the supply chain4 ,the study shall consider any financial mechanisms that could be used to mitigate the impact of any future bankruptcy events on the supply chain4 7b7 ,report ,no later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states 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 containing the findings1 conclusions1 and recommendations1 if any1 from the study required under subsection 7a74 #gad4 ,agreements unaffected ,nothing in this ,act may be construed-- 7#a7 to limit or amend the definition of agreement in section #djajb7a7 of title #df1 ,united ,states ,code1 with respect to the exclusion of maritime labor agreements2 or 7#b7 to apply to a maritime labor agreement 7as defined in section #djajb7ae7 of that title74 ,,viii ,miscellaneous #hja4 ,repeal of obsolete reporting requirement ,subsection 7h7 of section #hhh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dfh7 is repealed4 #hjb4 ,corrections to provisions enacted by ,coast ,guard ,authorization ,acts ,section #fjd7;b7 of the ,howard ,coble ,coast ,guard and ,maritime ,transportation ,act of #bjad 7,public ,law #aac-bha2 #abh ,stat4 #cjfa7 is amended by inserting and fishery endorsement after endorsement4 #hjc4 ,officer evaluation report 7a7 ,in general ,not later than #c years after the date of the 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 ,surveys ,not later than #a year after the date of the enactment of this ,act1 the ,commandant of the ,coast ,guard shall conduct surveys of-- 7#a7 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 report2 and 7#b7 at least #aj percent of the officers from each grade of officers from ,o#a to ,o#f to determine how much time each member of the rating chain spends on that member's portion of the officer evaluation report4 7c7 ,revisions 7#a7 ,in general ,not later than #d years after the date of the completion of the surveys required by subsection 7b71 the ,commandant of the ,coast ,guard shall revise the officer evaluation report1 and provide 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 subsection 7b72 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 7d7 ,report 7#a7 ,in general ,not later than #ede days after the date of the 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 findings of the surveys under subsection 7b74 7#b7 ,format ,the report under paragraph 7#a7 shall be formatted by each rank1 type of board1 and position1 as applicable4 #hjd4 ,extension of authority ,section #djd of the ,coast ,guard ,authorization ,act of #bjaj 7,public ,law #aaa-bha2 #abd ,stat4 #biej7 is amended-- 7#a7 in subsection 7a71 in the text preceding paragraph 7#a71 by striking sections #ccjd1 #eccc1 and #egec and inserting section #ccjd2 and 7#b7 by striking subsection 7b71 and redesignating subsection 7c7 as subsection 7b74 #hje4 ,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 #hjf4 ,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 enforcement1 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 #hjg4 ,center of expertise for ,great ,lakes oil spill search 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 #cac of title #ad1 ,united ,states ,code1 as amended by this ,act4 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 ,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 #hjh4 ,public safety answering points and maritime search and rescue coordination ,not later than #ahj days after the date of the enactment of this ,act-- 7#a7 the ,secretary of the department in which the ,coast ,guard is operating acting through the ,commandant of the ,coast ,guard shall review ,coast ,guard policies and procedures for public safety answering points and search-and-rescue coordination with ,state and local law enforcement entities in order to-- 7,a7 further minimize the possibility of maritime #iaa calls being improperly routed2 and 7,b7 assure the ,coast ,guard is able to effectively carry out the ,coast ,guard's maritime search and rescue mission2 and 7#b7 the ,commandant shall-- 7,a7 formulate a national maritime public safety answering points policy2 and 7,b7 submit a report to the ,congress on such assessment and policy1 which shall include an update to the report submitted in accordance with section #bcc of the ,howard ,coble ,coast ,guard and ,maritime ,transportation ,act of #bjad4 #hji4 ,ship shoal lighthouse transfer3 repeal ,effective ,january #a1 #bjba1 section #bg of the ,coast ,guard ,authorization ,act of #aiia 7,public ,law #ajb-bda2 #aje ,stat4 #bbah7 is repealed4 #haj4 ,land exchange1 ,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 one or more of such restrictions2 or 7,b7 commence a civil action for appropriate relief1 including a permanent or temporary injunction enjoining the activity that violates or threatens to violate such restrictions2 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 not affected ,this section and an exchange under this section shall not be construed to limit the application of or otherwise affect section #abj7;h7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;h774 7f7 ,definitions ,in this section3 7#a7 ,commandant ,the term ,commandant means the ,secretary of the department in which the ,coast ,guard is operating1 acting through the ,commandant of the ,coast ,guard4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#c7 ,tract ,the term ,tract means the land 7including submerged land7 depicted as ,,proposed ,,property ,,exchange ,,area on the survey titled ,,proposed ,,property ,,exchange ,,parcel and dated #c_/bb_/ag4 #haa4 ,use of ,tract #dc ,section #ebd7;e77#b7 of the ,pribilof ,island ,transition ,completion ,act of #bjaf 7,public ,law #aad-abj71 as amended by section #cecc of the ,pribilof ,island ,transition ,completion ,amendments ,act of #bjaf 7subtitle ,b of title ,,xxxv of ,public ,law #aad-cbh71 is amended by-- 7#a7 striking each month and inserting each ,april and ,october2 and 7#b7 striking previous month and inserting previous six months4 #hab4 ,coast ,guard maritime domain awareness 7a7 ,in general ,the ,secretary of the department in which the ,coast ,guard is operating shall seek to enter into an arrangement with the ,national ,academy of ,sciences not later than #fj days after the date of the enactment of this ,act under which the ,academy shall prepare an assessment of available unmanned1 autonomous1 or remotely controlled maritime domain awareness technologies for use by the ,coast ,guard4 7b7 ,assessment ,the assessment shall-- 7#a7 describe the potential limitations of current and emerging unmanned technologies used in the maritime domain for-- 7,a7 ocean observation2 7,b7 vessel monitoring and identification2 7,c7 weather observation2 7,d7 to the extent practicable for consideration by the ,academy1 intelligence gathering1 surveillance1 and reconnaissance2 and 7,e7 communications2 7#b7 examine how technologies described in paragraph 7#a7 can help prioritize ,federal investment by examining2 7,a7 affordability1 including acquisition1 operations1 and maintenance2 7,b7 reliability2 7,c7 versatility2 7,d7 efficiency2 and 7,e7 estimated service life and persistence of effort2 and 7#c7 analyze whether the use of new and emerging maritime domain awareness technologies can be used to-- 7,a7 carry out ,coast ,guard missions at lower costs2 7,b7 expand the scope and range of ,coast ,guard maritime domain awareness2 7,c7 allow the ,coast ,guard to more efficiently and effectively allocate ,coast ,guard vessels1 aircraft1 and personnel2 and 7,d7 identify adjustments that would be necessary in ,coast ,guard policies1 procedures1 and protocols to incorporate unmanned technologies to enhance efficiency4 7c7 ,report to ,congress ,not later than #a year after entering into an arrangement with the ,secretary under subsection 7a71 the ,national ,academy of ,sciences shall submit the assessment prepared under this section to the ,committees on ,transportation and ,infrastructure and ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7d7 ,use of information ,in formulating costs pursuant to subsection 7b71 the ,national ,academy of ,sciences may utilize information from other ,coast ,guard reports1 assessments1 or analyses regarding existing ,coast ,guard manpower requirements or other reports1 assessments1 or analyses for the acquisition of unmanned1 autonomous1 or remotely controlled technologies by the ,federal ,government4 #hac4 ,monitoring 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 use of different types of surveillance systems on illegal maritime activities1 including illegal1 unreported1 and unregulated fishing1 in the ,western ,pacific region4 7b7 ,requirements ,the pilot program shall-- 7#a7 consider the use of light aircraft-based detection systems that can identify potential illegal activity from high altitudes and produce enforcement-quality evidence at low altitudes2 and 7#b7 be directed at detecting and deterring illegal maritime activities1 including illegal1 unreported1 and unregulated fishing1 and enhancing maritime domain awareness4 #had4 ,reimbursements for non-,federal construction costs of certain aids to navigation 7a7 ,in general ,subject to the availability of amounts specifically provided in advance in subsequent appropriations ,acts and in accordance with this section1 the ,commandant of the ,coast ,guard may reimburse a non-,federal entity for costs incurred by the entity for a covered project4 7b7 ,conditions ,the ,commandant may not provide reimbursement under subsection 7a7 with respect to a covered project unless-- 7#a7 the need for the project is a result of the completion of construction with respect to a federally authorized navigation channel2 7#b7 the ,commandant determines1 through an appropriate navigation safety analysis1 that the project is necessary to ensure safe marine transportation2 7#c7 the ,commandant approves the design of the project to ensure that it meets all applicable ,coast ,guard aids-to-navigation standards and requirements2 7#d7 the non-,federal entity agrees to transfer the project upon completion to the ,coast ,guard for operation and maintenance by the ,coast ,guard as a ,federal aid to navigation2 7#e7 the non-,federal entity carries out the project in accordance with the same laws and regulations that would apply to the ,coast ,guard if the ,coast ,guard carried out the project1 including obtaining all permits required for the project under ,federal and ,state law2 and 7#f7 the ,commandant determines that the project satisfies such additional requirements as may be established by the ,commandant4 7c7 ,limitations ,reimbursements under subsection 7a7 may not exceed the following3 7#a7 ,for a single covered project1 #e1jjj1jjj4 7#b7 ,for all covered projects in a single fiscal year1 #e1jjj1jjj4 7d7 ,expiration ,the authority granted under this section shall expire on the date that is #d years after the date of enactment of this section4 7e7 ,covered project defined ,in this section1 the term covered project means a project carried out-- 7#a7 by a non-,federal entity to construct and establish an aid to navigation that facilitates safe and efficient marine transportation on a ,federal navigation project authorized by title ,i of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad72 and 7#b7 in an area that was affected by ,hurricane ,harvey4 #hae4 ,towing safety management system fees 7a7 ,review ,the ,commandant of the ,coast ,guard shall-- 7#a7 review and compare the costs to the ,government of-- 7,a7 towing vessel inspections performed by the ,coast ,guard2 and 7,b7 such inspections performed by a third party2 and 7#b7 based on such review and comparison1 determine whether the costs to the ,government of such inspections performed by a third party are different than the costs to the ,government of such inspections performed by the ,coast ,guard4 7b7 ,revision of fees ,if the ,commandant determines under subsection 7a7 that the costs to the ,government of such inspections performed by a third party are different than the costs to the ,government of such inspections performed by the ,coast ,guard1 then the ,commandant shall revise the fee assessed by the ,coast ,guard for such inspections as necessary to conform to the requirements under section #igja of title #ca1 ,united ,states ,code1 that such fee be based on the cost to the ,government of such inspections and accurately reflect such costs4 #haf4 ,oil spill disbursements auditing and report ,section #ajab of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgab7 is amended-- 7#a7 by repealing subsection 7g72 7#b7 in subsection 7l77#a71 by striking ,within one year after the date of enactment of the ,coast ,guard ,authorization ,act of #bjaj1 and annually thereafter1 and inserting ,each year1 on the date on which the ,president submits to ,congress a budget under section #aaje of title #ca1 ,united ,states ,code12 and 7#c7 by amending subsection 7l77#b7 to read as follows3 7#b7 ,contents ,the report shall include-- 7,a7 a list of each incident that-- 7i7 occurred in the preceding fiscal year2 and 7ii7 resulted in disbursements from the ,fund1 for removal costs and damages1 totaling #ejj1jjj or more2 7,b7 a list of each incident that-- 7i7 occurred in the fiscal year preceding the preceding fiscal year2 and 7ii7 resulted in disbursements from the ,fund1 for removal costs and damages1 totaling #ejj1jjj or more2 and 7,c7 an accounting of any amounts reimbursed to the ,fund in the preceding fiscal year that were recovered from a responsible party for an incident that resulted in disbursements from the ,fund1 for removal costs and damages1 totaling #ejj1jjj or more4 4 #hag4 ,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 referred to in subsection 7a77#a7 are currently being met2 7,b7 the ,coast ,guard's current fleet1 its operational lifespan1 and how the anticipated changes in the age and distribution of vessels in the fleet will impact the ability to meet at-sea operational requirements2 7,c7 fleet operations and recommended improvements to minimize costs and extend operational vessel life spans2 and 7,d7 the number of ,fast ,response ,cutters1 ,offshore ,patrol ,cutters1 and ,national ,security ,cutters needed to meet at-sea operational requirements 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 whether existing and planned cutter programs of record 7including the ,fast ,response ,cutter1 ,offshore ,patrol ,cutter1 and ,national ,security ,cutter7 will enable the ,coast ,guard to meet at-sea operational requirements2 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 7d7 ,ensuring maritime coverage ,in order to meet ,coast ,guard mission requirements for search and rescue1 ports1 waterways1 and coastal security1 and maritime environmental response during recapitalization of ,coast ,guard vessels1 the ,coast ,guard shall ensure continuity of the coverage1 to the maximum extent practicable1 in the locations that may lose assets4 #hah4 ,national ,security ,cutter 7a7 ,standard method for tracking ,the ,commandant of the ,coast ,guard may not certify an eighth ,national ,security ,cutter as ,ready for ,operations before the date on which the ,commandant provides to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate-- 7#a7 a notification of a new standard method for tracking operational employment of ,coast ,guard major cutters that does not include time during which such a cutter is away from its homeport for maintenance or repair2 and 7#b7 a report analyzing cost and performance for different approaches to achieving varied levels of operational employment using the standard method required by paragraph 7#a7 that1 at a minimum-- 7,a7 compares over a #cj-year period the average annualized baseline cost and performances for a certified ,national ,security ,cutter that operated for #ahe days away from homeport or an equivalent alternative measure of operational tempo-- 7i7 against the cost of a #ae percent increase in days away from homeport or an equivalent alternative measure of operational tempo for a ,national ,security ,cutter2 and 7ii7 against the cost of the acquisition and operation of an additional ,national ,security ,cutter2 and 7,b7 examines the optimal level of operational employment of ,national ,security ,cutters to balance ,national ,security ,cutter cost and mission performance4 7b7 ,conforming amendments 7#a7 ,section #bba7;b7 of the ,coast ,guard and ,maritime ,transportation ,act of #bjab 7#abf ,stat4 #aefj7 is repealed4 7#b7 ,section #bjd7;c77#a7 of the ,coast ,guard ,authorization ,act of #bjaf 7#acj ,stat4 #ce7 is repealed4 #hai4 ,acquisition plan for inland waterway and river tenders and bay-class icebreakers 7a7 ,acquisition plan ,not later than #bgj days after the date of the 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 or extend the life of the ,coast ,guard fleet of inland waterway and river tenders1 and the ,bay-class icebreakers4 7b7 ,contents ,the plan under subsection 7a7 shall include-- 7#a7 an analysis of the work required to extend the life of vessels described in subsection 7a72 7#b7 recommendations for which1 if any1 such vessels it is cost effective to undertake a ship-life extension or enhanced maintenance program2 7#c7 an analysis of the aids to navigation program to determine if advances in navigation technology may reduce the needs for physical aids to navigation2 7#d7 recommendations for changes to physical aids to navigation and the distribution of such aids that reduce the need for the acquisition of vessels to replace the vessels described in subsection 7a72 7#e7 a schedule for the acquisition of vessels to replace the vessels described in subsection 7a71 including the date on which the first vessel will be delivered2 7#f7 the date such acquisition will be complete2 7#g7 a description of the order and location of replacement vessels2 7#h7 an estimate of the cost per vessel and of the total cost of the acquisition program of record2 and 7#i7 an analysis of whether existing vessels can be used4 #hbj4 ,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 #dijb of title #ad1 ,united ,states ,code1 as amended by this ,act1 for the construction of an icebreaker that is at least as capable as the ,coast ,guard ,cutter ,mackinaw to enhance icebreaking capacity on the ,great ,lakes4 7b7 ,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 ,act1 #bjag 7,public ,law #aae-ca7 will be allocated to support the acquisition activities referred to in paragraph 7#a74 #hba4 ,polar icebreakers 7a7 ,enhanced maintenance program for the ,polar ,star 7#a7 ,in general ,subject to the availability of appropriations1 the ,commandant of the ,coast ,guard shall conduct an enhanced maintenance program on ,coast ,guard ,cutter ,polar ,star 7,,wagb-#aj7 to extend the service life of such vessel until at least ,december #ca1 #bjbe4 7#b7 ,requirement for report ,not later than #ahj days after the date of the enactment of the ,coast ,guard ,authorization ,act of #bjag1 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 and the ,committee on ,armed ,services of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,armed ,services 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 until at least ,december #ca1 #bjbe1 through an enhanced maintenance program4 7#c7 ,content ,the report required by paragraph 7#b7 shall include the following3 7,a7 ,an assessment and discussion of the enhanced maintenance program recommended by the ,national ,academies of ,sciences1 ,engineering1 and ,medicine's ,committee on ,polar ,icebreaker ,cost ,assessment in the letter report ,acquisition and ,operation of ,polar ,icebreakers3 ,fulfilling the ,nation's ,needs4 7,b7 ,an assessment and discussion of the ,government ,accountability ,office's concerns and recommendations regarding service life extension work on ,coast ,guard ,cutter ,polar ,star 7,,wagb-#aj7 in the report ,status of the ,coast ,guard's ,polar ,icebreaking ,fleet ,capability and ,recapitalization ,plan4 7,c7 ,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 amount needed to be appropriated to complete the enhanced maintenance program4 7,d7 ,a plan to ensure the vessel will maintain seasonally operational status during the enhanced maintenance program4 7#d7 ,authorization of appropriations ,the ,commandant of the ,coast ,guard may use funds made available pursuant to section #dijb of title #ad1 ,united ,states ,code1 as amended by section #bjb of this ,act1 for the enhanced maintenance program described in the report required by subsection 7a74 7b7 ,coast ,guard and ,maritime ,transportation ,act of #bjab2 amendment ,section #bbb of the ,coast ,guard and ,maritime ,transportation ,act of #bjab 7,public ,law #aab-bac71 as amended1 is further amended as follows3 7#a7 by striking subsections 7a7 through 7d72 7#b7 by redesignating subsections 7e7 through 7g7 as subsections 7a7 through 7c71 respectively2 7#c7 in subsection 7a71 as redesignated-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,except as provided in subsection 7c71 the ,commandant and inserting ,the ,commandant2 7,b7 in paragraph 7#a7 by striking ,polar ,sea or2 7,c7 in paragraph 7#b7 by striking either of the vessels and inserting the ,polar ,star or the ,polar ,sea2 and 7,d7 in paragraph 7#c7 by striking either of the vessels each place it appears and inserting the ,polar ,star4 #hbb4 ,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 objective identified in the ,united ,states ,coast ,guard ,arctic ,strategy dated ,may #bjac2 7#b7 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 7#c7 an analysis of the sufficiency of the distribution of ,national ,security ,cutters1 ,offshore ,patrol ,cutters1 and ,fast ,response ,cutters both stationed in various ,alaskan ports and in other locations to meet the strategic objectives identified in the ,united ,states ,coast ,guard ,arctic ,strategy1 dated ,may #bjac2 7#d7 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#e7 plans to prevent marine casualties1 when possible1 by ensuring vessels avoid environmentally sensitive areas and permanent security zones2 7#f7 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 and 7#g7 an assessment of whether sufficient agreements are in place to ensure the ,coast ,guard is receiving the information it needs to carry out its responsibilities4 #hbc4 ,arctic planning criteria 7a7 ,alternative planning criteria 7#a7 ,in general ,for purposes of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgja et seq471 the ,commandant of the ,coast ,guard may approve a vessel response plan under section #caa of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7 for a vessel operating in any area covered by the ,captain of the ,port ,zone 7as established by the ,commandant7 that includes the ,arctic1 if the ,commandant verifies that-- 7,a7 equipment required to be available for response under 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 the operators of such equipment have conducted training on the equipment within the area covered by such ,captain of the ,port ,zone4 7#b7 ,post-approval requirements ,in approving a vessel response plan under paragraph 7#a71 the ,commandant shall-- 7,a7 require that the oil spill removal organization identified in the vessel response plan conduct regular exercises and drills using the response resources identified in the plan in the area covered by the ,captain of the ,port ,zone that includes the ,arctic2 and 7,b7 allow such oil spill removal organization to take credit for a response to an actual spill or release in the area covered by such ,captain of the ,port ,zone1 instead of conducting an exercise or drill required under subparagraph 7,a71 if the oil spill removal organization-- 7i7 documents which exercise or drill requirements were met during the response2 and 7ii7 submits a request for credit to1 and receives approval from1 the ,commandant4 7b7 ,report 7#a7 ,in general ,not later than #abj 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 7as established by the ,commandant7 that includes the ,arctic4 7#b7 ,contents ,the report submitted under paragraph 7#a7 shall include the following3 7,a7 ,a description of equipment and assets available for response under the vessel response plans approved for vessels operating in the area covered by the ,captain of the ,port ,zone1 including details on any providers of such equipment and assets4 7,b7 ,a description of the location of such equipment and assets1 including an estimate of the time to deploy the equipment and assets4 7,c7 ,a determination of how effectively such equipment and assets are distributed throughout the area covered by the ,captain of the ,port ,zone4 7,d7 ,a statement regarding whether the ability to maintain and deploy such equipment and assets is taken into account when measuring the equipment and assets available throughout the area covered by the ,captain of the ,port ,zone4 7,e7 ,a validation of the port assessment visit process and response resource inventory for response under the vessel response plans approved for vessels operating in the area covered by the ,captain of the ,port ,zone4 7,f7 ,a determination of the compliance rate with ,federal vessel response plan regulations in the area covered by the ,captain of the ,port ,zone during the previous #c years4 7,g7 ,a description of the resources needed throughout the area covered by the ,captain of the ,port ,zone to conduct port assessments1 exercises1 response plan reviews1 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 #hbd4 ,vessel response plan audit 7a7 ,in general ,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 a comprehensive review of the processes and resources used by the ,coast ,guard to implement vessel response plan requirements under section #caa of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba74 7b7 ,required elements of review ,the review required under subsection 7a7 shall1 at a minimum1 include-- 7#a7 a study1 or an audit if appropriate1 of the processes the ,coast ,guard uses-- 7,a7 to approve the vessel response plans referred to in subsection 7a72 7,b7 to approve alternate planning criteria used in lieu of ,national ,planning ,criteria in approving such plans2 7,c7 to verify compliance with such plans2 and 7,d7 to act in the event of a failure to comply with the requirements of such plans2 7#b7 an examination of all ,federal and ,state agency resources used by the ,coast ,guard in carrying out the processes identified under paragraph 7#a71 including-- 7,a7 the current staffing model and organization2 7,b7 data1 software1 simulators1 systems1 or other technology1 including those pertaining to weather1 oil spill trajectory modeling1 and risk management2 7,c7 the total amount of time per fiscal year expended by ,coast ,guard personnel to approve and verify compliance with vessel response plans2 and 7,d7 the average amount of time expended by the ,coast ,guard for approval of1 and verification of compliance with1 a single vessel response plan2 7#c7 an analysis of how1 including by what means or methods1 the processes identified under paragraph 7#a7-- 7,a7 ensure compliance with applicable law2 7,b7 are implemented by the ,coast ,guard1 including at the district and sector levels2 7,c7 are informed by public comment and engagement with ,states1 ,indian ,tribes1 and other regional stakeholders2 7,d7 ensure availability and adequate operational capability and capacity of required assets and equipment1 including in cases in which contractual obligations may limit the availability of such assets and equipment for response2 7,e7 provide for adequate asset and equipment mobilization time requirements1 particularly with respect to-- 7i7 calculation and establishment of such requirements2 7ii7 verifying compliance with such requirements2 and 7iii7 factoring in weather1 including specific regional adverse weather as defined in section #aee4ajbj of title #cc1 ,code of ,federal ,regulations1 in calculating1 establishing1 and verifying compliance with such requirements2 7,f7 ensure response plan updates and vessel compliance when changes occur in response planning criteria1 asset and equipment mobilization times1 or regional response needs1 such as trends in transportation of high gravity oils or changes in vessel traffic volume2 and 7,g7 enable effective action by the ,coast ,guard in the event of a failure to comply with response plan requirements2 7#d7 a determination regarding whether asset and equipment mobilization time requirements under approved vessel response plans can be met by the vessels to which they apply2 and 7#e7 recommendations for improving the processes identified under paragraph 7#a71 including recommendations regarding the sufficiency of ,coast ,guard resources dedicated to those processes4 #hbe4 ,waters deemed not navigable waters of the ,united ,states for certain purposes ,for purposes of the application of subtitle ,,ii of title #df1 ,united ,states ,code1 to the ,volunteer 7,hull ,number ,,cca#dajh71 the ,illinois and ,michigan ,canal is deemed to not be navigable waters of the ,united ,states4 #hbf4 ,documentation of recreational vessels ,coast ,guard personnel performing nonrecreational vessel documentation functions under subchapter ,,ii of chapter #aba of title #df1 ,united ,states ,code1 may perform recreational vessel documentation under section #abaad of such title in any fiscal year in which-- 7#a7 funds available for ,coast ,guard operating expenses may not be used for expenses incurred for recreational vessel documentation2 7#b7 fees collected from owners of yachts and credited to such use are insufficient to pay expenses of recreational vessel documentation2 and 7#c7 there is a backlog of applications for recreational vessel documentation4 #hbg4 ,equipment requirements2 exemption from throwable personal flotation devices requirement ,not later than one year after the date of enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall-- 7#a7 prescribe regulations in part #afj of title #df1 ,code of ,federal ,regulations1 that treat a marine throw bag1 as that term is commonly used in the commercial whitewater rafting industry1 as a type of lifesaving equipment2 and 7#b7 revise section #age4ag of title #cc1 ,code of ,federal ,regulations1 to exempt rafts that are #af feet or more overall in length from the requirement to carry an additional throwable personal flotation device when such a marine throw bag is onboard and accessible4 #hbh4 ,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 alerting and locating 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 visual distress alerting and locating signals is finalized1 the ,secretary shall revise part #age of title #cc1 ,code of ,federal ,regulations1 to allow for carriage of such alternative signal devices4 #hbi4 ,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 actively using the mariner's credential complete an approved refresher or recertification course to maintain a radar observer endorsement4 ,this rulemaking shall be exempt from chapters #e and #f of title #e1 ,united ,states ,code1 and ,executive ,orders #abhff and #acefc4 #hcj4 ,commercial fishing vessel safety national communications plan 7a7 ,requirement for plan ,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 #aeajb of title #df1 ,united ,states ,code1 as added by this ,act1 to the commercial fishing vessel industry4 7b7 ,content ,the plan required by subsection 7a71 and each annual update1 shall-- 7#a7 identify staff1 resources1 and systems available to the ,secretary to ensure the widest dissemination of information to the commercial fishing vessel industry2 7#b7 include a means to document all communication and outreach conducted with the commercial fishing vessel industry2 and 7#c7 include a mechanism to measure effectiveness of such plan4 7c7 ,implementation ,not later than one year after submission of the initial plan1 the ,secretary of the department in which the ,coast ,guard is operating shall implement the plan and shall at a minimum-- 7#a7 leverage ,coast ,guard staff1 resources1 and systems available2 7#b7 monitor implementation nationwide to ensure adherence to plan contents2 7#c7 allow each ,captain of the ,port to adopt the most effective strategy and means to communicate with commercial fishing vessel industry in that ,captain of the ,port ,zone2 7#d7 document communication and outreach2 and 7#e7 solicit feedback from the commercial fishing vessel industry4 7d7 ,report and updates ,the ,secretary of the department in which the ,coast ,guard is operating shall-- 7#a7 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 effectiveness of the plan to date and any updates to ensure maximum impact of the plan one year after the date of enactment of this ,act1 and every #d years thereafter2 and 7#b7 include in such report input from individual ,captains of the ,port and any feedback received from the commercial fishing vessel industry4 #hca4 ,atlantic ,coast port access route study recommendations ,not later than #cj days after the date of the enactment of the ,act1 the ,commandant of the ,coast ,guard shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate of action taken to carry out the recommendations contained in the final report issued by the ,atlantic ,coast ,port ,access ,route ,study 7,,acpars7 workgroup for which notice of availability was published ,march #ad1 #bjaf 7#ha ,fed4 ,reg4 #accjg74 #hcb4 ,drawbridges ,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 following3 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 a broadcast notice to mariners and through radio stations2 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 logbook2 7#b7 may inspect the logbook 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 7f7 ,requirements 7#a7 ,logbooks ,an operator of a drawbridge built across a navigable river or other water of the ,united ,states-- 7,a7 that opens the draw of such bridge for the passage of a vessel1 shall record in a logbook-- 7i7 the bridge identification and date of each opening2 7ii7 the bridge tender or operator for each opening2 7iii7 each time it is opened for navigation2 7iv7 each time it is closed for navigation2 7v7 the number and direction of vessels passing through during each opening2 7vi7 the types of vessels passing through during each opening2 7vii7 an estimated or known size 7height1 length1 and beam7 of the largest vessel passing through during each opening2 7viii7 for each vessel1 the vessel name and registration number if easily observable2 and 7ix7 all maintenance openings1 malfunctions1 or other comments2 and 7,b7 that remains open to navigation but closes to allow for trains to cross1 shall record in a logbook-- 7i7 the bridge identification and date of each opening and closing2 7ii7 the bridge tender or operator2 7iii7 each time it is opened to navigation2 7iv7 each time it is closed to navigation2 and 7v7 all maintenance openings1 closings1 malfunctions1 or other comments4 7#b7 ,maintenance of logbooks ,a drawbridge operator shall maintain logbooks required under paragraph 7#a7 for not less than #e years4 7#c7 ,submission of logbooks ,at the request of the ,secretary of the department in which the ,coast ,guard is operating1 a drawbridge operator shall submit to the ,secretary the logbook required under paragraph 7#a7 as the ,secretary considers necessary to carry out this section4 7#d7 ,exemption ,the requirements under paragraph 7#a7 shall be exempt from sections #ceja to #ceba of title #dd1 ,united ,states ,code4 4 #hcc4 ,waiver ,section #hijb of title #df1 ,united ,states ,code1 shall not apply to the chain ferry ,,diane 7,united ,states official number ,,cg#jjbfib7 when such vessel is operating on the ,kalamazoo ,river in ,saugatuck1 ,michigan4 #hcd4 ,fire-retardant materials ,section #cejc of title #df1 ,united ,states ,code1 is amended to read as follows3 #cejc4 ,fire-retardant materials 7a7 7#a7 ,a passenger vessel of the ,united ,states having berth or stateroom accommodations for at least #ej passengers shall be granted a certificate of inspection only if-- 7,a7 the vessel is constructed of fire-retardant materials2 and 7,b7 the vessel-- 7i7 is operating engines1 boilers1 main electrical distribution panels1 fuel tanks1 oil tanks1 and generators that meet current ,coast ,guard regulations2 and 7ii7 is operating boilers and main electrical generators that are contained within noncombustible enclosures equipped with fire suppression systems4 7#b7 ,before ,december #a1 #bjbh1 this subsection does not apply to any vessel in operation before ,january #a1 #aifh1 and operating only within the ,boundary ,line4 7b7 7#a7 ,the owner or managing operator of an exempted vessel described in subsection 7a77#b7 shall-- 7,a7 notify in writing prospective passengers1 prior to purchase1 and each crew member that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing areas2 7,b7 display in clearly legible font prominently throughout the vessel1 including in each state room the following3 ,,this ,,vessel ,,fails ,,to ,,comply ,,with ,,safety ,,rules ,,and ,,regulations ,,of ,,the ,u4,s4 ,,coast ,,guard42 7,c7 acquire prior to the vessel entering service1 and maintain1 liability insurance in an amount to be prescribed by the ,federal ,maritime ,commission2 7,d7 make annual structural alteration to not less than #aj percent of the areas of the vessel that are not constructed of fire retardant materials2 7,e7 prioritize alterations in galleys1 engineering areas of the vessel1 including all spaces and compartments containing1 or adjacent to spaces and compartments containing1 engines1 boilers1 main electrical distribution panels1 fuel tanks1 oil tanks1 and generators2 7,f7 ensure1 to the satisfaction of the ,secretary1 that the combustible fire-load has been reduced pursuant to subparagraph 7,d7 during each annual inspection for certification2 7,g7 ensure the vessel has multiple forms of egress off the vessel's bow and stern2 7,h7 provide advance notice to the ,coast ,guard regarding the structural alterations made pursuant to subparagraph 7,d7 and comply with any noncombustible material requirements prescribed by the ,coast ,guard2 7,i7 annually notify all ports of call and ,state emergency management offices of jurisdiction that the vessel does not comply with the requirement under subsection 7a77#a72 7,j7 provide crewmembers manning such vessel shipboard training that-- 7i7 is specialized for exempted vessels2 7ii7 exceeds requirements related to standards for firefighting training under chapter ,i of title #df1 ,code of ,federal ,regulations1 as in effect on ,october #a1 #bjag2 and 7iii7 is approved by the ,coast ,guard2 and 7,k7 to the extent practicable1 take all steps to retain previously trained crew knowledgeable of such vessel or to hire crew trained in operations aboard exempted vessels4 7#b7 ,the owner or managing operator of an exempted vessel described in subsection 7a77#b7 may not disclaim liability to a passenger or crew member of such vessel for death1 injury1 or any other loss caused by fire due to the negligence of the owner or managing operator4 7#c7 ,the ,secretary shall-- 7,a7 conduct an annual audit and inspection of each exempted vessel described in subsection 7a77#b72 7,b7 in implementing subparagraph 7b77#a77;,f71 consider1 to the extent practicable1 the goal of preservation of the historic integrity of such vessel in areas carrying or accessible to passengers or generally visible to the public2 and 7,c7 prescribe regulations to carry out this section1 including to prescribe the manner in which prospective passengers are to be notified under paragraph 7#a77;,a74 7#d7 ,the penalties provided in section #cejd7;c7 of this title shall apply to a violation of this subsection4 7c7 ,in addition to otherwise applicable penalties1 the ,secretary may immediately withdraw a certificate of inspection for an exempted vessel described in subsection 7a77#b7 that does not comply with any requirement under subsection 7b74 4 #hce4 ,vessel waiver 7a7 ,in general ,upon the date of enactment of this ,act and notwithstanding sections #abaab7;a77#b77;,a7 and #abaac7;a77#b7 of title #df1 ,united ,states ,code1 the ,secretary shall issue a certificate of documentation with coastwise and fishery endorsements to the certificated vessel4 7b7 ,replacement vessel ,the certificated vessel shall qualify as a replacement vessel for the vessel ,,america ,,no4#a 7,united ,states official number #fajfed7 and not be precluded from operating as an ,amendment #hj replacement vessel under the provisions of part #fgi of title #ej1 ,code of ,federal ,regulations4 7c7 ,coast guard review and determination 7#a7 ,review ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall conduct a review of the use of certain foreign fabricated steel components in the hull or superstructure of the certificated vessel4 7#b7 ,determination ,based on the review conducted under paragraph 7#a71 the ,secretary shall determine whether the shipyard that constructed the certificated vessel or the purchaser of the certificated vessel knew before such components were procured or installed that the use of such components would violate requirements under sections #abaab7;a77#b77;,a7 and #abaac7;a77#b7 of title #df1 ,united ,states ,code4 7#c7 ,revocation ,if the ,secretary determines under paragraph 7#b7 that the shipyard that constructed the certificated vessel or the purchaser of the certificated vessel knew before such components were procured or installed that the use of such components would violate requirements under sections #abaab7;a77#b77;,a7 and #abaac7;a77#b7 of title #df1 ,united ,states ,code1 the ,secretary shall immediately revoke the certificate of documentation issued under subsection 7a74 7#d7 ,use of documents ,in conducting the review required under paragraph 7#a71 the ,secretary may request and review any information1 correspondence1 or documents related to the construction of the certificated vessel1 including from the shipyard that constructed the certificated vessel and the purchaser of the certificated vessel4 7d7 ,termination ,if the contract for purchase of the certificated vessel that is in effect on the date of enactment of this ,act is terminated1 the purchasing party to that contract shall be prohibited from entering into a subsequent contract or agreement for purchase of such vessel4 7e7 ,definitions ,in this section3 7#a7 ,certificated vessel ,the term certificated vessel means the vessel ,america's ,finest 7,united ,states official number #abgfgfj74 7#b7 ,secretary ,the term ,secretary means the ,secretary of the department in which the ,coast ,guard is operating1 acting through the ,commandant of the ,coast ,guard4 #hcf4 ,temporary limitations 7a7 ,limitations 7#a7 ,in general ,upon the ,coast ,guard issuing a certificate of documentation with coastwise and fishery endorsements for the vessel ,,america',s ,,finest 7,united ,states official number #abgfgfj7 and during any period such certificate is in effect1 and subject to subsection 7b71 the total amount of groundfish harvested with respect to subparagraph 7,a7 or the total amount of deliveries processed from other vessels with respect to subparagraph 7,b7 by the vessels described in paragraph 7#b7 shall not collectively exceed-- 7,a7 the percentage of the harvest available in any ,gulf of ,alaska groundfish fisheries 7other than fisheries subject to a limited access privilege program created by the ,north ,pacific ,fishery ,management ,council7 that is equivalent to the total harvest by the vessels described in paragraph 7#b7 in those fisheries in the calendar years that a vessel described in paragraph 7#b7 had harvest from #bjab through #bjag relative to the total allowable catch available to such vessels in the calendar years #bjab through #bjag2 or 7,b7 the percentage of processing of deliveries from other vessels in any ,bering ,sea1 ,aleutian ,islands1 and ,gulf of ,alaska groundfish fisheries 7including fisheries subject to a limited access privilege program created by the ,north ,pacific ,fishery ,management ,council1 or community development quotas as described in section #cje7;i7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahee7;i777 that is equivalent to the total processing of such deliveries by the vessels described in paragraph 7#b7 in those fisheries in the calendar years #bjab through #bjag relative to the total allowable catch available in the calendar years #bjab through #bjag4 7#b7 ,applicable vessels ,the limitations described in paragraph 7#a7 shall apply1 in the aggregate1 to-- 7,a7 the vessel ,,america',s ,,finest 7,united ,states official number #abgfgfj72 7,b7 the vessel ,,us ,,intrepid 7,united ,states official number #fjddci72 7,c7 the vessel ,,american ,,no4 #a 7,united ,states official number #fajfed72 7,d7 any replacement of a vessel described in subparagraph 7,a71 7,b71 or 7,c72 and 7,e7 any vessel assigned license number ,,llg#cbag under the license limitation program under part #fgi of title #ej1 ,code of ,federal ,regulations4 7b7 ,expiration ,the limitations described in subsection 7a7 shall apply to a groundfish species in ,bering ,sea1 ,aleutian ,islands1 and ,gulf of ,alaska only until the earlier of-- 7#a7 the end of the #f-year period beginning on the date of enactment of this ,act2 or 7#b7 the date on which the ,secretary of ,commerce issues a final rule1 based on recommendations developed by the ,north ,pacific ,fishery ,management ,council consistent with the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq471 that limits processing deliveries of that groundfish species from other vessels in any ,bering ,sea1 ,aleutian ,islands1 and ,gulf of ,alaska groundfish fisheries that are not subject to conservation and management measures under section #bjf of the ,american ,fisheries ,act 7#af ,u4,s4,c4 #ahea note74 7c7 ,existing authority ,except for the measures required by this section1 nothing in this title shall be construed to limit the authority of the ,north ,pacific ,fishery ,management ,council or the ,secretary of ,commerce under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 #hcg4 ,transfer of ,coast ,guard property in ,jupiter ,island1 ,florida1 for inclusion in ,hobe ,sound ,national ,wildlife ,refuge 7a7 ,transfer ,administrative jurisdiction over the property described in subsection 7b7 is transferred to the ,secretary of the ,interior4 7b7 ,property described ,the property described in this subsection is real property administered by the ,coast ,guard in the ,town of ,jupiter ,island1 ,florida1 comprising ,parcel #ce-ch-db-jjd-jjj-jbeij-f 7,bon ,air ,beach lots #bei and #bfj located at #hc ,north ,beach ,road7 and ,parcel #ce-ch-db-jjd-jjj-jbfaj-b 7,bon ,air ,beach lots #bfa to #bfg71 including any improvements thereon that are not authorized or required by another provision of law to be conveyed to another person4 7c7 ,administration ,the property described in subsection 7b7 is included in ,hobe ,sound ,national ,wildlife ,refuge1 and shall be administered by the ,secretary of the ,interior acting through the ,united ,states ,fish and ,wildlife ,service4 #hch4 ,emergency response ,not later than #ij days after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard shall request the ,national ,offshore ,safety ,advisory ,committee to examine whether there are unnecessary regulatory barriers to the use of small passenger vessels1 crewboats1 and offshore supply vessels in disaster response and provide recommendations1 as appropriate1 to reduce such barriers4 #hci4 ,drawbridges consultation 7a7 ,consultation ,in addition and subsequent to any rulemaking conducted under section #aag4h of title #cc1 ,code of ,federal ,regulations1 related to permanent changes to drawbridge openings that result from ,amtrak service between ,new ,orleans1 ,louisiana and ,orlando1 ,florida1 the ,commandant shall consult with owners or operators of rail lines used for ,amtrak passenger service between ,new ,orleans1 ,louisiana and ,orlando1 ,florida and affected waterway users on changes to drawbridge operating schedules necessary to facilitate the ,on ,time ,performance of passenger trains4 ,these changes to schedules shall not impact ,coast ,guard response times to operational missions4 7b7 ,timing ,consultation in subsection 7a7 shall occur after commencement of ,amtrak passenger service on the rail lines between ,new ,orleans1 ,louisiana and ,orlando1 ,florida at the following intervals3 7#a7 ,not less than #c months following the commencement of ,amtrak passenger service4 7#b7 ,not less than #f months following the commencement of ,amtrak passenger service4 7c7 ,report ,if after conducting the consultations required by subsection 7b77#b71 the ,commandant finds that permanent changes to drawbridge operations are necessary to mitigate delays in the movement of trains described in subsection 7a7 and that those changes do not unreasonably obstruct the navigability of the affected waterways1 then the ,commandant shall submit those findings to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 ,,ix ,vessel ,incidental ,discharge ,act #ija4 ,short title ,this title may be cited as the ,vessel ,incidental ,discharge ,act of #bjah4 #ijb4 ,purposes2 findings 7a7 ,purposes ,the purposes of this title are-- 7#a7 to provide for the establishment of uniform1 environmentally sound standards and requirements for the management of discharges incidental to the normal operation of a vessel2 7#b7 to charge the ,environmental ,protection ,agency with primary responsibility for establishing standards relating to the discharge of pollutants from vessels2 7#c7 to charge the ,coast ,guard with primary responsibility for prescribing1 administering1 and enforcing regulations1 consistent with the discharge standards established by the ,environmental ,protection ,agency1 for the design1 construction1 installation1 and operation of the equipment and management practices required onboard vessels2 and 7#d7 to preserve the flexibility of ,states1 political subdivisions1 and certain regions with respect to the administration and enforcement of standards relating to the discharge of pollutants from vessels engaged in maritime commerce and transportation4 7b7 ,findings ,congress finds that-- 7#a7 the ,environmental ,protection ,agency is the principal ,federal authority charged under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 with regulating through the issuance of permits for the discharge of pollutants into the navigable waters of the ,united ,states2 7#b7 the ,coast ,guard is the principal ,federal authority charged with administering1 enforcing1 and prescribing regulations relating to the discharge of pollutants from vessels2 and 7#c7 during the period of #aigc to #bjaj-- 7,a7 the ,environmental ,protection ,agency promulgated regulations exempting certain discharges incidental to the normal operation of vessels from otherwise applicable permitting requirements of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 and 7,b7 ,congress enacted laws on numerous occasions governing the regulation of discharges incidental to the normal operation of vessels1 including-- 7i7 the ,act to ,prevent ,pollution from ,ships 7#cc ,u4,s4,c4 #aija et seq472 7ii7 the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgja et seq472 7iii7 the ,national ,invasive ,species ,act of #aiif 7#af ,u4,s4,c4 #dgja note2 ,public ,law #ajd-ccb72 7iv7 section #dae of the ,coast ,guard ,authorization ,act of #aiih 7,public ,law #aje-chc2 #aab ,stat4 #cdcd7 and section #fbc of the ,coast ,guard and ,maritime ,transportation ,act of #bjjd 7#cc ,u4,s4,c4 #aija note2 ,public ,law #ajh-bic71 which established interim and permanent requirements1 respectively1 for the regulation of vessel discharges of certain bulk cargo residue2 7v7 title ,,xiv of division ,b of ,appendix ,d of the ,consolidated ,appropriations ,act1 #bjja 7,public ,law #ajf-eed2 #aad ,stat4 #bgfc;,a-#cae71 which prohibited or limited certain vessel discharges in certain areas of ,alaska2 7vi7 section #bjd of the ,maritime ,transportation ,security ,act of #bjjb 7#cc ,u4,s4,c4 #aijb;a71 which established requirements for the regulation of vessel discharges of agricultural cargo residue material in the form of hold washings2 and 7vii7 title ,x of the ,coast ,guard ,authorization ,act of #bjaj 7#cc ,u4,s4,c4 #chja et seq471 which provided for the implementation of the ,international ,convention on the ,control of ,harmful ,anti-,fouling ,systems on ,ships1 #bjja4 #ijc4 ,standards for discharges incidental to normal operation of vessels 7a7 ,uniform national standards 7#a7 ,in general ,section #cab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbb7 is amended by adding at the end the following3 7p7 ,uniform national standards for discharges incidental to normal operation of vessels 7#a7 ,definitions ,in this subsection3 7,a7 ,aquatic nuisance species ,the term aquatic nuisance species means a nonindigenous species that threatens-- 7i7 the diversity or abundance of a native species2 7ii7 the ecological stability of-- 7,i7 waters of the ,united ,states2 or 7,,ii7 waters of the contiguous zone2 or 7iii7 a commercial1 agricultural1 aquacultural1 or recreational activity that is dependent on-- 7,i7 waters of the ,united ,states2 or 7,,ii7 waters of the contiguous zone4 7,b7 ,ballast water 7i7 ,in general ,the term ballast water means any water1 suspended matter1 and other materials taken onboard a vessel-- 7,i7 to control or maintain trim1 draught1 stability1 or stresses of the vessel1 regardless of the means by which any such water or suspended matter is carried2 or 7,,ii7 during the cleaning1 maintenance1 or other operation of a ballast tank or ballast water management system of the vessel4 7ii7 ,exclusion ,the term ballast water does not include any substance that is added to the water described in clause 7i7 that is directly related to the operation of a properly functioning ballast water management system4 7,c7 ,ballast water discharge standard ,the term ballast water discharge standard means-- 7i7 the numerical ballast water discharge standard established by section #aea4aeaa or #aea4bjcj of title #cc1 ,code of ,federal ,regulations 7or successor regulations72 or 7ii7 if a standard referred to in clause 7i7 is superseded by a numerical standard of performance under this subsection1 that superseding standard4 7,d7 ,ballast water exchange ,the term ballast water exchange means the replacement of water in a ballast water tank using #a of the following methods3 7i7 ,flow-through exchange1 in which ballast water is flushed out by pumping in midocean water at the bottom of the tank if practicable1 and continuously overflowing the tank from the top1 until #c full volumes of water have been changed to minimize the number of original organisms remaining in the tank4 7ii7 ,empty and refill exchange1 in which ballast water taken on in ports1 estuarine waters1 or territorial waters is pumped out until the pump loses suction1 after which the ballast tank is refilled with midocean water4 7,e7 ,ballast water management system ,the term ballast water management system means any marine pollution control device 7including all ballast water treatment equipment1 ballast tanks1 pipes1 pumps1 and all associated control and monitoring equipment7 that processes ballast water-- 7i7 to kill1 render nonviable1 or remove organisms2 or 7ii7 to avoid the uptake or discharge of organisms4 7,f7 ,best available technology economically achievable ,the term best available technology economically achievable means-- 7i7 best available technology economically achievable 7within the meaning of section #cja7;b77#b77;,a772 7ii7 best available technology 7within the meaning of section #cjd7;b77#b77;,b772 and 7iii7 best available technology1 as determined in accordance with section #abe4c7;d77#c7 of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7,g7 ,best conventional pollutant control technology ,the term best conventional pollutant control technology means-- 7i7 best conventional pollutant control technology 7within the meaning of section #cja7;b77#b77;,e772 7ii7 best conventional pollutant control technology 7within the meaning of section #cjd7;b77#d772 and 7iii7 best conventional pollutant control technology1 as determined in accordance with section #abe4c7;d77#b7 of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7,h7 ,best management practice 7i7 ,in general ,the term best management practice means a schedule of activities1 prohibitions of practices1 maintenance procedures1 and other management practices to prevent or reduce the pollution of-- 7,i7 the waters of the ,united ,states2 or 7,,ii7 the waters of the contiguous zone4 7ii7 ,inclusions ,the term best management practice includes any treatment requirement1 operating procedure1 or practice to control-- 7,i7 vessel runoff2 7,,ii7 spillage or leaks2 7,,iii7 sludge or waste disposal2 or 7,,iv7 drainage from raw material storage4 7,i7 ,best practicable control technology currently available ,the term best practicable control technology currently available means-- 7i7 best practicable control technology currently available 7within the meaning of section #cja7;b77#a77;,a772 7ii7 best practicable control technology currently available 7within the meaning of section #cjd7;b77#a772 and 7iii7 best practicable control technology currently available1 as determined in accordance with section #abe4c7;d77#a7 of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7,j7 ,captain of the ,port ,zone ,the term ,captain of the ,port ,zone means a ,captain of the ,port ,zone established by the ,secretary pursuant to sections #ib1 #ic1 and #fcc of title #ad1 ,united ,states ,code4 7,k7 ,empty ballast tank ,the term empty ballast tank means a tank that-- 7i7 has previously held ballast water that has been drained to the limit of the functional or operational capabilities of the tank 7such as loss of suction72 7ii7 is recorded as empty on a vessel log2 and 7iii7 contains unpumpable residual ballast water and sediment4 7,l7 ,great ,lakes ,commission ,the term ,great ,lakes ,commission means the ,great ,lakes ,commission established by article ,,iv ,a of the ,great ,lakes ,compact to which ,congress granted consent in the ,act of ,july #bd1 #aifh 7,public ,law #ij-dai2 #hb ,stat4 #dad74 7,m7 ,great ,lakes ,state ,the term ,great ,lakes ,state means any of the ,states of-- 7i7 ,illinois2 7ii7 ,indiana2 7iii7 ,michigan2 7iv7 ,minnesota2 7v7 ,new ,york2 7vi7 ,ohio2 7vii7 ,pennsylvania2 and 7viii7 ,wisconsin4 7,n7 ,great ,lakes ,system ,the term ,great ,lakes ,system has the meaning given the term in section #aah7;a77#c74 7,o7 ,internal waters ,the term internal waters has the meaning given the term in section #b4bd of title #cc1 ,code of ,federal ,regulations 7or a successor regulation74 7,p7 ,marine pollution control device ,the term marine pollution control device means any equipment or management practice 7or combination of equipment and a management practice71 for installation or use onboard a vessel1 that is-- 7i7 designed to receive1 retain1 treat1 control1 or discharge a discharge incidental to the normal operation of a vessel2 and 7ii7 determined by the ,administrator and the ,secretary to be the most effective equipment or management practice 7or combination of equipment and a management practice7 to reduce the environmental impacts of the discharge1 consistent with the factors for consideration described in paragraphs 7#d7 and 7#e74 7,q7 ,nonindigenous species ,the term nonindigenous species means an organism of a species that enters an ecosystem beyond the historic range of the species4 7,r7 ,organism ,the term organism includes-- 7i7 an animal1 including fish and fish eggs and larvae2 7ii7 a plant2 7iii7 a pathogen2 7iv7 a microbe2 7v7 a virus2 7vi7 a prokaryote 7including any archean or bacterium72 7vii7 a fungus2 and 7viii7 a protist4 7,s7 ,pacific ,region 7i7 ,in general ,the term ,pacific ,region means any ,federal or ,state water-- 7,i7 adjacent to the ,state of ,alaska1 ,california1 ,hawaii1 ,oregon1 or ,washington2 and 7,,ii7 extending from shore4 7ii7 ,inclusion ,the term ,pacific ,region includes the entire exclusive economic zone 7as defined in section #ajja of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgja77 adjacent to each ,state described in clause 7i77,i74 7,t7 ,port or place of destination ,the term port or place of destination means a port or place to which a vessel is bound to anchor or moor4 7,u7 ,render nonviable ,the term render nonviable1 with respect to an organism in ballast water1 means the action of a ballast water management system that renders the organism permanently incapable of reproduction following treatment4 7,v7 ,saltwater flush 7i7 ,in general ,the term saltwater flush means-- 7,i7 7aa7 the addition of as much midocean water into each empty ballast tank of a vessel as is safe for the vessel and crew2 and 7bb7 the mixing of the flushwater with residual ballast water and sediment through the motion of the vessel2 and 7,,ii7 the discharge of that mixed water1 such that the resultant residual water remaining in the tank-- 7aa7 has the highest salinity possible2 and 7bb7 is at least #cj parts per thousand4 7ii7 ,multiple sequences ,for purposes of clause 7i71 a saltwater flush may require more than #a fill-mix-empty sequence1 particularly if only small quantities of water can be safely taken onboard a vessel at #a time4 7,w7 ,secretary ,the term ,secretary means the ,secretary of the department in which the ,coast ,guard is operating4 7,x7 ,small ,vessel ,general ,permit ,the term ,small ,vessel ,general ,permit means the permit that is the subject of the notice of final permit issuance entitled ,final ,national ,pollutant ,discharge ,elimination ,system 7,,npdes7 ,small ,vessel ,general ,permit for ,discharges ,incidental to the ,normal ,operation of ,vessels ,less ,than #gi ,feet 7#gi ,fed4 ,reg4 #ecgjb 7,september #aj1 #bjad774 7,y7 ,small vessel or fishing vessel ,the term small vessel or fishing vessel means a vessel that is-- 7i7 less than #gi feet in length2 or 7ii7 a fishing vessel1 fish processing vessel1 or fish tender vessel 7as those terms are defined in section #baja of title #df1 ,united ,states ,code71 regardless of the length of the vessel4 7,z7 ,vessel ,general ,permit ,the term ,vessel ,general ,permit means the permit that is the subject of the notice of final permit issuance entitled ,final ,national ,pollutant ,discharge ,elimination ,system 7,,npdes7 ,general ,permit for ,discharges ,incidental to the ,normal ,operation of a ,vessel 7#gh ,fed4 ,reg4 #baich 7,april #ab1 #bjac774 7#b7 ,applicability 7,a7 ,in general ,except as provided in subparagraph 7,b71 this subsection applies to-- 7i7 any discharge incidental to the normal operation of a vessel2 and 7ii7 any discharge incidental to the normal operation of a vessel 7such as most graywater7 that is commingled with sewage1 subject to the conditions that-- 7,i7 nothing in this subsection prevents a ,state from regulating sewage discharges2 and 7,,ii7 any such commingled discharge shall comply with all applicable requirements of-- 7aa7 this subsection2 and 7bb7 any law applicable to discharges of sewage4 7,b7 ,exclusion ,this subsection does not apply to any discharge incidental to the normal operation of a vessel-- 7i7 from-- 7,i7 a vessel of the ,armed ,forces subject to subsection 7n72 7,,ii7 a recreational vessel subject to subsection 7o72 7,,iii7 a small vessel or fishing vessel1 except that this subsection shall apply to any discharge of ballast water from a small vessel or fishing vessel2 or 7,,iv7 a floating craft that is permanently moored to a pier1 including a floating casino1 hotel1 restaurant1 or bar2 7ii7 of ballast water from a vessel-- 7,i7 that continuously takes on and discharges ballast water in a flow-through system1 if the ,administrator determines that system cannot materially contribute to the spread or introduction of an aquatic nuisance species into waters of the ,united ,states2 7,,ii7 in the ,national ,defense ,reserve ,fleet that is scheduled for disposal1 if the vessel does not have an operable ballast water management system2 7,,iii7 that discharges ballast water consisting solely of water taken onboard from a public or commercial source that1 at the time the water is taken onboard1 meets the applicable requirements or permit requirements of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7,,iv7 that carries all permanent ballast water in sealed tanks that are not subject to discharge2 or 7,v7 that only discharges ballast water into a reception facility2 or 7iii7 that results from1 or contains material derived from1 an activity other than the normal operation of the vessel1 such as material resulting from an industrial or manufacturing process onboard the vessel4 7#c7 ,continuation in effect of existing requirements 7,a7 ,vessel ,general ,permit ,notwithstanding the expiration date of the ,vessel ,general ,permit or any other provision of law1 all provisions of the ,vessel ,general ,permit shall remain in force and effect1 and shall not be modified1 until the applicable date described in subparagraph 7,c74 7,b7 ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act regulations ,notwithstanding section #ijc7;a77#b77;,a7 of the ,vessel ,incidental ,discharge ,act of #bjah1 all regulations promulgated by the ,secretary pursuant to section #aaja of the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgaa7 7as in effect on the day before the date of enactment of this subsection71 including the regulations contained in subparts ,c and ,d of part #aea of title #cc1 ,code of ,federal ,regulations1 and subpart #afb4jfj of part #afb of title #df1 ,code of ,federal ,regulations 7as in effect on the day before that date of enactment71 shall remain in force and effect until the applicable date described in subparagraph 7,c74 7,c7 ,repeal on existence of final1 effective1 and enforceable requirements ,effective beginning on the date on which the requirements promulgated by the ,secretary under subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#e7 with respect to every discharge incidental to the normal operation of a vessel that is subject to regulation under this subsection are final1 effective1 and enforceable1 the requirements of the ,vessel ,general ,permit and the regulations described in subparagraph 7,b7 shall have no force or effect4 7#d7 ,national standards of performance for marine pollution control devices and water quality orders 7,a7 ,establishment 7i7 ,in general ,not later than #b years after the date of enactment of this subsection1 the ,administrator1 in concurrence with the ,secretary 7subject to clause 7ii771 and in consultation with interested ,governors 7subject to clause 7iii771 shall promulgate ,federal standards of performance for marine pollution control devices for each type of discharge incidental to the normal operation of a vessel that is subject to regulation under this subsection4 7ii7 ,concurrence with ,secretary 7,i7 ,request ,the ,administrator shall submit to the ,secretary a request for written concurrence with respect to a proposed standard of performance under clause 7i74 7,,ii7 ,effect of failure to concur ,a failure by the ,secretary to concur with the ,administrator under clause 7i7 by the date that is #fj days after the date on which the ,administrator submits a request for concurrence under subclause 7,i7 shall not prevent the ,administrator from promulgating the relevant standard of performance in accordance with the deadline under clause 7i71 subject to the condition that the ,administrator shall include in the administrative record of the promulgation-- 7aa7 documentation of the request submitted under subclause 7,i72 and 7bb7 the response of the ,administrator to any written objections received from the ,secretary relating to the proposed standard of performance during the #fj-;day period beginning on the date of submission of the request4 7iii7 ,consultation with ,governors 7,i7 ,in general ,the ,administrator1 in promulgating a standard of performance under clause 7i71 shall develop the standard of performance-- 7aa7 in consultation with interested ,governors2 and 7bb7 in accordance with the deadlines under that clause4 7,,ii7 ,process ,the ,administrator shall develop a process for soliciting input from interested ,governors1 including information sharing relevant to such process1 to allow interested ,governors to inform the development of standards of performance under clause 7i74 7,,iii7 ,objection by ,governors 7aa7 ,submission ,an interested ,governor that objects to a proposed standard of performance under clause 7i7 may submit to the ,administrator in writing a detailed objection to the proposed standard of performance1 describing the scientific1 technical1 or operational factors that form the basis of the objection4 7bb7 ,response ,before finalizing a standard of performance under clause 7i7 that is subject to an objection under item 7aa7 from #a or more interested ,governors1 the ,administrator shall provide a written response to each interested ,governor that submitted an objection under that item that details the scientific1 technical1 or operational factors that form the basis for that standard of performance4 7cc7 ,judicial review ,a response of the ,administrator under item 7bb7 shall not be subject to judicial review4 7iv7 ,procedure ,the ,administrator shall promulgate the standards of performance under this subparagraph in accordance with-- 7,i7 this paragraph2 and 7,,ii7 section #eec of title #e1 ,united ,states ,code4 7,b7 ,stringency 7i7 ,in general ,subject to clause 7iii71 the standards of performance promulgated under this paragraph shall require-- 7,i7 with respect to conventional pollutants1 toxic pollutants1 and nonconventional pollutants 7including aquatic nuisance species71 the application of the best practicable control technology currently available2 7,,ii7 with respect to conventional pollutants1 the application of the best conventional pollutant control technology2 and 7,,iii7 with respect to toxic pollutants and nonconventional pollutants 7including aquatic nuisance species71 the application of the best available technology economically achievable for categories and classes of vessels1 which shall result in reasonable progress toward the national goal of eliminating discharges of all pollutants4 7ii7 ,best management practices ,the ,administrator shall require the use of best management practices to control or abate any discharge incidental to the normal operation of a vessel if-- 7,i7 numeric standards of performance are infeasible under clause 7i72 or 7,,ii7 the best management practices are reasonably necessary-- 7aa7 to achieve the standards of performance2 or 7bb7 to carry out the purpose and intent of this subsection4 7iii7 ,minimum requirements ,subject to subparagraph 7,d77ii77,,ii71 the combination of any equipment or best management practice comprising a marine pollution control device shall not be less stringent than the following provisions of the ,vessel ,general ,permit3 7,i7 ,all requirements contained in parts #b4a and #b4b 7relating to effluent limits and related requirements71 including with respect to waters subject to ,federal protection1 in whole or in part1 for conservation purposes4 7,,ii7 ,all requirements contained in part #e 7relating to vessel class-specific requirements7 that concern effluent limits and authorized discharges 7within the meaning of that part71 including with respect to waters subject to ,federal protection1 in whole or in part1 for conservation purposes4 7,c7 ,classes1 types1 and sizes of vessels ,the standards promulgated under this paragraph may distinguish-- 7i7 among classes1 types1 and sizes of vessels2 and 7ii7 between new vessels and existing vessels4 7,d7 ,review and revision 7i7 ,in general ,not less frequently than once every #e years1 the ,administrator1 in consultation with the ,secretary1 shall-- 7,i7 review the standards of performance in effect under this paragraph2 and 7,,ii7 if appropriate1 revise those standards of performance-- 7aa7 in accordance with subparagraphs 7,a7 through 7,c72 and 7bb7 as necessary to establish requirements for any discharge that is subject to regulation under this subsection4 7ii7 ,maintaining protectiveness 7,i7 ,in general ,except as provided in subclause 7,,ii71 the ,administrator shall not revise a standard of performance under this subsection to be less stringent than an applicable existing requirement4 7,,ii7 ,exceptions ,the ,administrator may revise a standard of performance to be less stringent than an applicable existing requirement-- 7aa7 if information becomes available that-- 7,,aa7 was not reasonably available when the ,administrator promulgated the initial standard of performance or comparable requirement of the ,vessel ,general ,permit1 as applicable 7including the subsequent scarcity or unavailability of materials used to control the relevant discharge72 and 7,,bb7 would have justified the application of a less-stringent standard of performance at the time of promulgation2 or 7bb7 if the ,administrator determines that a material technical mistake or misinterpretation of law occurred when promulgating the existing standard of performance or comparable requirement of the ,vessel ,general ,permit1 as applicable4 7,e7 ,best management practices for aquatic nuisance species emergencies and further protection of water quality 7i7 ,in general ,notwithstanding any other provision of this subsection1 the ,administrator1 in concurrence with the ,secretary 7subject to clause 7ii771 and in consultation with ,states1 may require1 by order1 the use of an emergency best management practice for any region or category of vessels in any case in which the ,administrator determines that such a best management practice-- 7,i7 is necessary to reduce the reasonably foreseeable risk of introduction or establishment of an aquatic nuisance species2 or 7,,ii7 will mitigate the adverse effects of a discharge that contributes to a violation of a water quality requirement under section #cjc1 other than a requirement based on the presence of an aquatic nuisance species4 7ii7 ,concurrence with ,secretary 7,i7 ,request ,the ,administrator shall submit to the ,secretary a request for written concurrence with respect to an order under clause 7i74 7,,ii7 ,effect of failure to concur ,a failure by the ,secretary to concur with the ,administrator under clause 7i7 by the date that is #fj days after the date on which the ,administrator submits a request for concurrence under subclause 7,i7 shall not prevent the ,administrator from issuing the relevant order1 subject to the condition that the ,administrator shall include in the administrative record of the issuance-- 7aa7 documentation of the request submitted under subclause 7,i72 and 7bb7 the response of the ,administrator to any written objections received from the ,secretary relating to the proposed order during the #fj-;day period beginning on the date of submission of the request4 7iii7 ,duration ,an order issued by the ,administrator under clause 7i7 shall expire not later than the date that is #d years after the date of issuance4 7iv7 ,extensions ,the ,administrator may reissue an order under clause 7i7 for such subsequent periods of not longer than #d years as the ,administrator determines to be appropriate4 7#e7 ,implementation1 compliance1 and enforcement requirements 7,a7 ,establishment 7i7 ,in general ,as soon as practicable1 but not later than #b years1 after the date on which the ,administrator promulgates any new or revised standard of performance under paragraph 7#d7 with respect to a discharge1 the ,secretary1 in consultation with ,states1 shall promulgate the regulations required under this paragraph with respect to that discharge4 7ii7 ,minimum requirements ,subject to subparagraph 7,c77ii77,,ii71 the regulations promulgated under this paragraph shall not be less stringent with respect to ensuring1 monitoring1 and enforcing compliance than-- 7,i7 the requirements contained in part #c of the ,vessel ,general ,permit 7relating to corrective actions72 7,,ii7 the requirements contained in part #d of the ,vessel ,general ,permit 7relating to inspections1 monitoring1 reporting1 and recordkeeping71 including with respect to waters subject to ,federal protection1 in whole or in part1 for conservation purposes2 7,,iii7 the requirements contained in part #e of the ,vessel ,general ,permit 7relating to vessel class-specific requirements7 regarding monitoring1 inspection1 and educational and training requirements 7within the meaning of that part71 including with respect to waters subject to ,federal protection1 in whole or in part1 for conservation purposes2 and 7,,iv7 any comparable1 existing requirements promulgated under the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgja et seq47 7including section #aaja of that ,act 7#af ,u4,s4,c4 #dgaa7 7as in effect on the day before the date of enactment of this subsection77 applicable to that discharge4 7iii7 ,coordination with ,states ,the ,secretary1 in coordination with the ,governors of the ,states1 shall develop1 publish1 and periodically update inspection1 monitoring1 data management1 and enforcement procedures for the enforcement by ,states of ,federal standards and requirements under this subsection4 7iv7 ,effective date ,in determining the effective date of a regulation promulgated under this paragraph1 the ,secretary shall take into consideration the period of time necessary-- 7,i7 to communicate to affected persons the applicability of the regulation2 and 7,,ii7 for affected persons reasonably to comply with the regulation4 7v7 ,procedure ,the ,secretary shall promulgate the regulations under this subparagraph in accordance with-- 7,i7 this paragraph2 and 7,,ii7 section #eec of title #e1 ,united ,states ,code4 7,b7 ,implementation regulations for marine pollution control devices ,the ,secretary shall promulgate such regulations governing the design1 construction1 testing1 approval1 installation1 and use of marine pollution control devices as are necessary to ensure compliance with the standards of performance promulgated under paragraph 7#d74 7,c7 ,compliance assurance 7i7 ,in general ,the ,secretary shall promulgate requirements 7including requirements for vessel owners and operators with respect to inspections1 monitoring1 reporting1 sampling1 and recordkeeping7 to ensure1 monitor1 and enforce compliance with-- 7,i7 the standards of performance promulgated by the ,administrator under paragraph 7#d72 and 7,,ii7 the implementation regulations promulgated by the ,secretary under subparagraph 7,b74 7ii7 ,maintaining protectiveness 7,i7 ,in general ,except as provided in subclause 7,,ii71 the ,secretary shall not revise a requirement under this subparagraph or subparagraph 7,b7 to be less stringent with respect to ensuring1 monitoring1 or enforcing compliance than an applicable existing requirement4 7,,ii7 ,exceptions ,the ,secretary may revise a requirement under this subparagraph or subparagraph 7,b7 to be less stringent than an applicable existing requirement-- 7aa7 in accordance with this subparagraph or subparagraph 7,b71 as applicable2 7bb7 if information becomes available that-- 7,,aa7 the ,administrator determines was not reasonably available when the ,administrator promulgated the existing requirement of the ,vessel ,general ,permit1 or that the ,secretary determines was not reasonably available when the ,secretary promulgated the existing requirement under the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgja et seq47 or the applicable existing requirement under this subparagraph1 as applicable 7including subsequent scarcity or unavailability of materials used to control the relevant discharge72 and 7,,bb7 would have justified the application of a less-stringent requirement at the time of promulgation2 or 7cc7 if the ,administrator determines that a material technical mistake or misinterpretation of law occurred when promulgating an existing requirement of the ,vessel ,general ,permit1 or if the ,secretary determines that a material mistake or misinterpretation of law occurred when promulgating an existing requirement under the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgja et seq47 or this subsection4 7,d7 ,data availability ,beginning not later than #a year after the date of enactment of this subsection1 the ,secretary shall provide to the ,governor of a ,state1 on request by the ,governor1 access to ,automated ,identification ,system arrival data for inbound vessels to specific ports or places of destination in the ,state4 7#f7 ,additional provisions regarding ballast water 7,a7 ,in general ,in addition to the other applicable requirements of this subsection1 the requirements of this paragraph shall apply with respect to any discharge incidental to the normal operation of a vessel that is a discharge of ballast water4 7,b7 ,empty ballast tanks 7i7 ,requirements ,except as provided in clause 7ii71 the owner or operator of a vessel with empty ballast tanks bound for a port or place of destination subject to the jurisdiction of the ,united ,states shall1 prior to arriving at that port or place of destination1 conduct a ballast water exchange or saltwater flush-- 7,i7 not less than #bjj nautical miles from any shore for a voyage originating outside the ,united ,states or ,canadian exclusive economic zone2 or 7,,ii7 not less than #ej nautical miles from any shore for a voyage originating within the ,united ,states or ,canadian exclusive economic zone4 7ii7 ,exceptions ,clause 7i7 shall not apply-- 7,i7 if the unpumpable residual waters and sediments of an empty ballast tank were subject to treatment1 in compliance with applicable requirements1 through a type-approved ballast water management system approved by the ,secretary2 7,,ii7 except as otherwise required under this subsection1 if the unpumpable residual waters and sediments of an empty ballast tank were sourced within-- 7aa7 the same port or place of destination2 or 7bb7 contiguous portions of a single ,captain of the ,port ,zone2 7,,iii7 if complying with an applicable requirement of clause 7i7-- 7aa7 would compromise the safety of the vessel2 or 7bb7 is otherwise prohibited by any ,federal1 ,canadian1 or international law 7including regulations7 pertaining to vessel safety2 7,,iv7 if design limitations of the vessel prevent a ballast water exchange or saltwater flush from being conducted in accordance with clause 7i72 or 7,v7 if the vessel is operating exclusively within the internal waters of the ,united ,states or ,canada4 7,c7 ,period of use of installed ballast water management systems 7i7 ,in general ,except as provided in clause 7ii71 a vessel shall be deemed to be in compliance with a standard of performance for a marine pollution control device that is a ballast water management system if the ballast water management system-- 7,i7 is maintained in proper working condition1 as determined by the ,secretary2 7,,ii7 is maintained and used in accordance with manufacturer specifications2 7,,iii7 continues to meet the ballast water discharge standard applicable to the vessel at the time of installation1 as determined by the ,secretary2 and 7,,iv7 has in effect a valid type-approval certificate issued by the ,secretary4 7ii7 ,limitation ,clause 7i7 shall cease to apply with respect to any vessel on1 as applicable-- 7,i7 the expiration of the service life1 as determined by the ,secretary1 of-- 7aa7 the ballast water management system2 or 7bb7 the vessel2 7,,ii7 the completion of a major conversion 7as defined in section #baja of title #df1 ,united ,states ,code7 of the vessel2 or 7,,iii7 a determination by the ,secretary that there are other type-approved systems for the vessel or category of vessels1 with respect to the use of which the environmental1 health1 and economic benefits would exceed the costs4 7,d7 ,review of ballast water management system type-approval testing methods 7i7 ,definition of live2 living ,notwithstanding any other provision of law 7including regulations71 for purposes of section #aea4aeaa of title #cc1 and part #afb of title #df1 ,code of ,federal ,regulations 7or successor regulations71 the terms live and living shall not-- 7,i7 include an organism that has been rendered nonviable2 or 7,,ii7 preclude the consideration of any method of measuring the concentration of organisms in ballast water that are capable of reproduction4 7ii7 ,draft policy ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary1 in coordination with the ,administrator1 shall publish a draft policy letter1 based on the best available science1 describing type-approval testing methods and protocols for ballast water management systems1 if any1 that-- 7,i7 render nonviable organisms in ballast water2 and 7,,ii7 may be used in addition to the methods established under subpart #afb4jfj of title #df1 ,code of ,federal ,regulations 7or successor regulations7-- 7aa7 to measure the concentration of organisms in ballast water that are capable of reproduction2 7bb7 to certify the performance of each ballast water management system under this subsection2 and 7cc7 to certify laboratories to evaluate applicable treatment technologies4 7iii7 ,public comment ,the ,secretary shall provide a period of not more than #fj days for public comment regarding the draft policy letter published under clause 7ii74 7iv7 ,final policy 7,i7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,secretary1 in coordination with the ,administrator1 shall publish a final policy letter describing type-approval testing methods1 if any1 for ballast water management systems that render nonviable organisms in ballast water4 7,,ii7 ,method of evaluation ,the ballast water management systems under subclause 7,i7 shall be evaluated by measuring the concentration of organisms in ballast water that are capable of reproduction based on the best available science that may be used in addition to the methods established under subpart #afb4jfj of title #df1 ,code of ,federal ,regulations 7or successor regulations74 7,,iii7 ,revisions ,the ,secretary shall revise the final policy letter under subclause 7,i7 in any case in which the ,secretary1 in coordination with the ,administrator1 determines that additional testing methods are capable of measuring the concentration of organisms in ballast water that have not been rendered nonviable4 7v7 ,factors for consideration ,in developing a policy letter under this subparagraph1 the ,secretary1 in coordination with the ,administrator-- 7,i7 shall take into consideration a 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 7,,ii7 shall not take into consideration a testing method that relies on a staining method that measures the concentration of-- 7aa7 organisms greater than or equal to #aj micrometers2 and 7bb7 organisms less than or equal to #ej micrometers4 7,e7 ,intergovernmental response framework 7i7 ,in general ,the ,secretary1 in consultation with the ,administrator and acting in coordination with1 or through1 the ,aquatic ,nuisance ,species ,task ,force established by section #abja7;a7 of the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgba7;a771 shall establish a framework for ,federal and intergovernmental response to aquatic nuisance species risks from discharges from vessels subject to ballast water and incidental discharge compliance requirements under this subsection1 including the introduction1 spread1 and establishment of aquatic nuisance species populations4 7ii7 ,ballast discharge risk response ,the ,administrator1 in coordination with the ,secretary and taking into consideration information from the ,national ,ballast ,information ,clearinghouse developed under section #aajb7;f7 of the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgab7;f771 shall establish a risk assessment and response framework using ballast water discharge data and aquatic nuisance species monitoring data for the purposes of-- 7,i7 identifying and tracking populations of aquatic invasive species2 7,,ii7 evaluating the risk of any aquatic nuisance species population tracked under subclause 7,i7 establishing and spreading in waters of the ,united ,states or waters of the contiguous zone2 and 7,,iii7 establishing emergency best management practices that may be deployed rapidly1 in a local or regional manner1 to respond to emerging aquatic nuisance species threats4 7#g7 ,petitions by ,governors for review 7,a7 ,in general ,the ,governor of a ,state 7or a designee7 may submit to the ,administrator or the ,secretary a petition-- 7i7 to issue an order under paragraph 7#d77;,e72 or 7ii7 to review any standard of performance1 regulation1 or policy promulgated under paragraph 7#d71 7#e71 or 7#f71 respectively1 if there exists new information that could reasonably result in a change to-- 7,i7 the standard of performance1 regulation1 or policy2 or 7,,ii7 a determination on which the standard of performance1 regulation1 or policy was based4 7,b7 ,inclusion ,a petition under subparagraph 7,a7 shall include a description of any applicable scientific or technical information that forms the basis of the petition4 7,c7 ,determination 7i7 ,timing ,the ,administrator or the ,secretary1 as applicable1 shall grant or deny-- 7,i7 a petition under subparagraph 7,a77i7 by not later than the date that is #ahj days after the date on which the petition is submitted2 and 7,,ii7 a petition under subparagraph 7,a77ii7 by not later than the date that is #a year after the date on which the petition is submitted4 7ii7 ,effect of grant ,if the ,administrator or the ,secretary determines under clause 7i7 to grant a petition-- 7,i7 in the case of a petition under subparagraph 7,a77i71 the ,administrator shall immediately issue the relevant order under paragraph 7#d77;,e72 or 7,,ii7 in the case of a petition under subparagraph 7,a77ii71 the ,administrator or ,secretary shall publish in the ,federal ,register1 by not later than #cj days after the date of that determination1 a notice of proposed rulemaking to revise the relevant standard1 requirement1 regulation1 or policy under paragraph 7#d71 7#e71 or 7#f71 as applicable4 7iii7 ,notice of denial ,if the ,administrator or the ,secretary determines under clause 7i7 to deny a petition1 the ,administrator or ,secretary shall publish in the ,federal ,register1 by not later than #cj days after the date of that determination1 a detailed explanation of the scientific1 technical1 or operational factors that form the basis of the determination4 7iv7 ,review ,a determination by the ,administrator or the ,secretary under clause 7i7 to deny a petition shall be-- 7,i7 considered to be a final agency action2 and 7,,ii7 subject to judicial review in accordance with section #eji1 subject to clause 7v74 7v7 ,exceptions 7,i7 ,venue ,notwithstanding section #eji7;b71 a petition for review of a determination by the ,administrator or the ,secretary under clause 7i7 to deny a petition submitted by the ,governor of a ,state under subparagraph 7,a7 may be filed in any ,united ,states district court of competent jurisdiction4 7,,ii7 ,deadline for filing ,notwithstanding section #eji7;b71 a petition for review of a determination by the ,administrator or the ,secretary under clause 7i7 shall be filed by not later than #ahj days after the date on which the justification for the determination is published in the ,federal ,register under clause 7iii74 7#h7 ,prohibition 7,a7 ,in general ,it shall be unlawful for any person to violate-- 7i7 a provision of the ,vessel ,general ,permit in force and effect under paragraph 7#c77;,a72 7ii7 a regulation promulgated pursuant to section #aaja of the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgaa7 7as in effect on the day before the date of enactment of this subsection7 in force and effect under paragraph 7#c77;,b72 or 7iii7 an applicable requirement or regulation under this subsection4 7,b7 ,compliance with regulations ,effective beginning on the effective date of a regulation promulgated under paragraph 7#d71 7#e71 7#f71 or 7#aj71 as applicable1 it shall be unlawful for the owner or operator of a vessel subject to the regulation-- 7i7 to discharge any discharge incidental to the normal operation of the vessel into waters of the ,united ,states or waters of the contiguous zone1 except in compliance with the regulation2 or 7ii7 to operate in waters of the ,united ,states or waters of the contiguous zone1 if the vessel is not equipped with a required marine pollution control device that complies with the requirements established under this subsection1 unless-- 7,i7 the owner or operator of the vessel denotes in an entry in the official logbook of the vessel that the equipment was not operational2 and 7,,ii7 either-- 7aa7 the applicable discharge was avoided2 or 7bb7 an alternate compliance option approved by the ,secretary as meeting the applicable standard was employed4 7,c7 ,affirmative defense ,no person shall be found to be in violation of this paragraph if-- 7i7 the violation was in the interest of ensuring the safety of life at sea1 as determined by the ,secretary2 and 7ii7 the applicable emergency circumstance was not the result of negligence or malfeasance on the part of-- 7,i7 the owner or operator of the vessel2 7,,ii7 the master of the vessel2 or 7,,iii7 the person in charge of the vessel4 7,d7 ,treatment ,each day of continuing violation of an applicable requirement of this subsection shall constitute a separate offense4 7,e7 ,in rem liability ,a vessel operated in violation of this subsection is liable in rem for any civil penalty assessed for the violation4 7,f7 ,revocation of clearance ,the ,secretary shall withhold or revoke the clearance of a vessel required under section #fjaje of title #df1 ,united ,states ,code1 if the owner or operator of the vessel is in violation of this subsection4 7#i7 ,effect on other laws 7,a7 ,state authority 7i7 ,in general ,except as provided in clauses 7ii7 through 7v7 and paragraph 7#aj71 effective beginning on the date on which the requirements promulgated by the ,secretary under subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#e7 with respect to every discharge incidental to the normal operation of a vessel that is subject to regulation under this subsection are final1 effective1 and enforceable1 no ,state1 political subdivision of a ,state1 or interstate agency may adopt or enforce any law1 regulation1 or other requirement of the ,state1 political subdivision1 or interstate agency with respect to any such discharge4 7ii7 ,identical or lesser ,state laws ,clause 7i7 shall not apply to any law1 regulation1 or other requirement of a ,state1 political subdivision of a ,state1 or interstate agency in effect on or after the date of enactment of this subsection-- 7,i7 that is identical to a ,federal requirement under this subsection applicable to the relevant discharge2 or 7,,ii7 compliance with which would be achieved concurrently in achieving compliance with a ,federal requirement under this subsection applicable to the relevant discharge4 7iii7 ,state enforcement of ,federal requirements ,a ,state may enforce any standard of performance or other ,federal requirement of this subsection in accordance with subsection 7k7 or other applicable ,federal authority4 7iv7 ,exception for certain fees 7,i7 ,in general ,subject to subclauses 7,,ii7 and 7,,iii71 a ,state that assesses any fee pursuant to any ,state or ,federal law relating to the regulation of a discharge incidental to the normal operation of a vessel before the date of enactment of this subsection may assess or retain a fee to cover the costs of administration1 inspection1 monitoring1 and enforcement activities by the ,state to achieve compliance with the applicable requirements of this subsection4 7,,ii7 ,maximum amount 7aa7 ,in general ,except as provided in item 7bb71 a ,state may assess a fee for activities under this clause equal to not more than #a1jjj against the owner or operator of a vessel that-- 7,,aa7 has operated outside of that ,state2 and 7,,bb7 arrives at a port or place of destination in the ,state 7excluding movement entirely within a single port or place of destination74 7bb7 ,vessels engaged in coastwise trade ,a ,state may assess against the owner or operator of a vessel registered in accordance with applicable ,federal law and lawfully engaged in the coastwise trade not more than #e1jjj in fees under this clause per vessel during a calendar year4 7,,iii7 ,adjustment for inflation 7aa7 ,in general ,a ,state may adjust the amount of a fee authorized under this clause not more frequently than once every #e years to reflect the percentage by which the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,department of ,labor for the month of ,october immediately preceding the date of adjustment exceeds the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,department of ,labor for the month of ,october that immediately precedes the date that is #e years before the date of adjustment4 7bb7 ,effect of subclause ,nothing in this subclause prevents a ,state from adjusting a fee in effect before the date of enactment of this subsection to the applicable maximum amount under subclause 7,,ii74 7cc7 ,applicability ,this subclause applies only to increases in fees to amounts greater than the applicable maximum amount under subclause 7,,ii74 7v7 ,alaska graywater ,clause 7i7 shall not apply with respect to any discharge of graywater 7as defined in section #adad of the ,consolidated ,appropriations ,act1 #bjja 7,public ,law #ajf-eed2 #aad ,stat4 #bgfc;,a-#cbc77 from a passenger vessel 7as defined in section #baja of title #df1 ,united ,states ,code7 in the ,state of ,alaska 7including all waters in the ,alexander ,archipelago7 carrying #ej or more passengers4 7vi7 ,preservation of authority ,nothing in this subsection preempts any ,state law1 public initiative1 referendum1 regulation1 requirement1 or other ,state action1 except as expressly provided in this subsection4 7,b7 ,established regimes ,except as expressly provided in this subsection1 nothing in this subsection affects the applicability to a vessel of any other provision of ,federal law1 including-- 7i7 this section2 7ii7 section #caa2 7iii7 the ,act to ,prevent ,pollution from ,ships 7#cc ,u4,s4,c4 #aija et seq472 and 7iv7 title ,x of the ,coast ,guard ,authorization ,act of #bjaj 7#cc ,u4,s4,c4 #chja et seq474 7,c7 ,permitting ,effective beginning on the date of enactment of this subsection-- 7i7 the ,small ,vessel ,general ,permit is repealed2 and 7ii7 the ,administrator1 or a ,state in the case of a permit program approved under section #djb1 shall not require1 or in any way modify1 a permit under that section for-- 7,i7 any discharge that is subject to regulation under this subsection2 7,,ii7 any discharge incidental to the normal operation of a vessel from a small vessel or fishing vessel1 regardless of whether that discharge is subject to regulation under this subsection2 or 7,,iii7 any discharge described in paragraph 7#b77;,b77ii74 7,d7 ,no effect on civil or criminal actions ,nothing in this subsection1 or any standard1 regulation1 or requirement established under this subsection1 modifies or otherwise affects1 preempts1 or displaces-- 7i7 any cause of action2 or 7ii7 any provision of ,federal or ,state law establishing a remedy for civil relief or criminal penalty4 7,e7 ,no effect on certain secretarial authority ,nothing in this subsection affects the authority of the ,secretary of ,commerce or the ,secretary of the ,interior to administer any land or waters under the administrative control of the ,secretary of ,commerce or the ,secretary of the ,interior1 respectively4 7,f7 ,no limitation on ,state inspection authority ,nothing in this subsection limits the authority of a ,state to inspect a vessel pursuant to paragraph 7#e77;,a77iii7 in order to monitor compliance with an applicable requirement of this section4 7#aj7 ,additional regional requirements 7,a7 ,minimum ,great ,lakes ,system requirements 7i7 ,in general ,except as provided in clause 7ii71 the owner or operator of a vessel entering the ,st4 ,lawrence ,seaway through the mouth of the ,st4 ,lawrence ,river shall conduct a complete ballast water exchange or saltwater flush-- 7,i7 not less than #bjj nautical miles from any shore for a voyage originating outside the ,united ,states or ,canadian exclusive economic zone2 or 7,,ii7 not less than #ej nautical miles from any shore for a voyage originating within the ,united ,states or ,canadian exclusive economic zone4 7ii7 ,exceptions ,clause 7i7 shall not apply to a vessel if-- 7,i7 complying with an applicable requirement of clause 7i7-- 7aa7 would compromise the safety of the vessel2 or 7bb7 is otherwise prohibited by any ,federal1 ,canadian1 or international law 7including regulations7 pertaining to vessel safety2 7,,ii7 design limitations of the vessel prevent a ballast water exchange from being conducted in accordance with an applicable requirement of clause 7i72 7,,iii7 the vessel-- 7aa7 is certified by the ,secretary as having no residual ballast water or sediments onboard2 or 7bb7 retains all ballast water while in waters subject to the requirement2 or 7,,iv7 empty ballast tanks on the vessel are sealed and certified by the ,secretary in a manner that ensures that-- 7aa7 no discharge or uptake occurs2 and 7bb7 any subsequent discharge of ballast water is subject to the requirement4 7,b7 ,enhanced ,great ,lakes ,system requirements 7i7 ,petitions by ,governors for proposed enhanced standards and requirements 7,i7 ,in general ,the ,governor of a ,great ,lakes ,state 7or a ,state employee designee7 may submit a petition in accordance with subclause 7,,ii7 to propose that other ,governors of ,great ,lakes ,states endorse an enhanced standard of performance or other requirement with respect to any discharge that-- 7aa7 is subject to regulation under this subsection2 and 7bb7 occurs within the ,great ,lakes ,system4 7,,ii7 ,submission ,a ,governor shall submit a petition under subclause 7,i71 in writing1 to-- 7aa7 the ,executive ,director of the ,great ,lakes ,commission1 in such manner as may be prescribed by the ,great ,lakes ,commission2 7bb7 the ,governor of each other ,great ,lakes ,state2 and 7cc7 the ,director of the ,great ,lakes ,national ,program ,office established by section #aah7;b74 7,,iii7 ,preliminary assessment by ,great ,lakes ,commission 7aa7 ,in general ,after the date of receipt of a petition under subclause 7,,ii77aa71 the ,great ,lakes ,commission 7acting through the ,great ,lakes ,panel on ,aquatic ,nuisance ,species1 to the maximum extent practicable7 may develop a preliminary assessment regarding each enhanced standard of performance or other requirement described in the petition4 7bb7 ,provisions ,the preliminary assessment developed by the ,great ,lakes ,commission under item 7aa7-- 7,,aa7 may be developed in consultation with relevant experts and stakeholders2 7,,bb7 may be narrative in nature2 7,,cc7 may include the preliminary views1 if any1 of the ,great ,lakes ,commission on the propriety of the proposed enhanced standard of performance or other requirement2 7,,dd7 shall be submitted1 in writing1 to the ,governor of each ,great ,lakes ,state and the ,director of the ,great ,lakes ,national ,program ,office and published on the internet website of the ,great ,lakes ,national ,program ,office2 and 7,,ee7 except as provided in clause 7iii71 shall not be taken into consideration1 or provide a basis for review1 by the ,administrator or the ,secretary for purposes of that clause4 7ii7 ,proposed enhanced standards and requirements 7,i7 ,publication in ,federal ,register 7aa7 ,request by ,governor ,not earlier than the date that is #ij days after the date on which the ,executive ,director of the ,great ,lakes ,commission receives from a ,governor of a ,great ,lakes ,state a petition under clause 7i77,,ii77aa71 the ,governor may request the ,director of the ,great ,lakes ,national ,program ,office to publish1 for a period requested by the ,governor of not less than #cj days1 and the ,director shall so publish1 in the ,federal ,register for public comment-- 7,,aa7 a copy of the petition2 and 7,,bb7 if applicable as of the date of publication1 any preliminary assessment of the ,great ,lakes ,commission developed under clause 7i77,,iii7 relating to the petition4 7bb7 ,review of public comments ,on receipt of a written request of a ,governor of a ,great ,lakes ,state1 the ,director of the ,great ,lakes ,national ,program ,office shall make available all public comments received in response to the notice under item 7aa74 7cc7 ,no response required ,notwithstanding any other provision of law1 a ,governor of a ,great ,lakes ,state or the ,director of the ,great ,lakes ,national ,program ,office shall not be required to provide a response to any comment received in response to the publication of a petition or preliminary assessment under item 7aa74 7dd7 ,purpose ,any public comments received in response to the publication of a petition or preliminary assessment under item 7aa7 shall be used solely for the purpose of providing information and feedback to the ,governor of each ,great ,lakes ,state regarding the decision to endorse the proposed standard or requirement4 7ee7 ,effect of petition ,a proposed standard or requirement developed under subclause 7,,ii7 may differ from the proposed standard or requirement described in a petition published under item 7aa74 7,,ii7 ,coordination to develop proposed standard or requirement ,after the expiration of the public comment period for the petition under subclause 7,i71 any interested ,governor of a ,great ,lakes ,state may work in coordination with the ,great ,lakes ,commission to develop a proposed standard of performance or other requirement applicable to a discharge referred to in the petition4 7,,iii7 ,requirements ,a proposed standard of performance or other requirement under subclause 7,,ii7-- 7aa7 shall be developed-- 7,,aa7 in consultation with representatives from the ,federal and provincial governments of ,canada2 7,,bb7 after notice and opportunity for public comment on the petition published under subclause 7,i72 and 7,,cc7 taking into consideration the preliminary assessment1 if any1 of the ,great ,lakes ,commission under clause 7i77,,iii72 7bb7 shall be specifically endorsed in writing by-- 7,,aa7 the ,governor of each ,great ,lakes ,state1 if the proposed standard or requirement would impose any additional equipment requirement on a vessel2 or 7,,bb7 not fewer than #e ,governors of ,great ,lakes ,states1 if the proposed standard or requirement would not impose any additional equipment requirement on a vessel2 and 7cc7 in the case of a proposed requirement to prohibit #a or more types of discharge regulated under this subsection1 whether treated or not treated1 into waters within the ,great ,lakes ,system1 shall not apply outside the waters of the ,great ,lakes ,states of the ,governors endorsing the proposed requirement under item 7bb74 7iii7 ,promulgation by ,administrator and ,secretary 7,i7 ,submission 7aa7 ,in general ,the ,governors endorsing a proposed standard or requirement under clause 7ii77,,iii77bb7 may jointly submit to the ,administrator and the ,secretary for approval each proposed standard of performance or other requirement developed and endorsed pursuant to clause 7ii74 7bb7 ,inclusion ,each submission under item 7aa7 shall include an explanation regarding why the applicable standard of performance or other requirement is-- 7,,aa7 at least as stringent as a comparable standard of performance or other requirement under this subsection2 7,,bb7 in accordance with maritime safety2 and 7,,cc7 in accordance with applicable maritime and navigation laws and regulations4 7cc7 ,withdrawal 7,,aa7 ,in general ,the ,governor of any ,great ,lakes ,state that endorses a proposed standard or requirement under clause 7ii77,,iii77bb7 may withdraw the endorsement by not later than the date that is #ij days after the date on which the ,administrator and the ,secretary receive the proposed standard or requirement4 7,,bb7 ,effect on ,federal review ,if1 after the withdrawal of an endorsement under subitem 7,,aa71 the proposed standard or requirement does not have the applicable number of endorsements under clause 7ii77,,iii77bb71 the ,administrator and the ,secretary shall terminate the review under this clause4 7dd7 ,dissenting opinions ,the ,governor of a ,great ,lakes ,state that does not endorse a proposed standard or requirement under clause 7ii77,,iii77bb7 may submit to the ,administrator and the ,secretary any dissenting opinions of the ,governor4 7,,ii7 ,joint notice ,on receipt of a proposed standard of performance or other requirement under subclause 7,i71 the ,administrator and the ,secretary shall publish in the ,federal ,register a joint notice that1 at minimum-- 7aa7 states that the proposed standard or requirement is publicly available2 and 7bb7 provides an opportunity for public comment regarding the proposed standard or requirement during the #ij-;day period beginning on the date of receipt by the ,administrator and the ,secretary of the proposed standard or requirement4 7,,iii7 ,review 7aa7 ,in general ,as soon as practicable after the date of publication of a joint notice under subclause 7,,ii7-- 7,,aa7 the ,administrator shall commence a review of each proposed standard of performance or other requirement covered by the notice to determine whether that standard or requirement is at least as stringent as comparable standards and requirements under this subsection2 and 7,,bb7 the ,secretary shall commence a review of each proposed standard of performance or other requirement covered by the notice to determine whether that standard or requirement is in accordance with maritime safety and applicable maritime and navigation laws and regulations4 7bb7 ,consultation ,in carrying out item 7aa71 the ,administrator and the ,secretary-- 7,,aa7 shall consult with the ,governor of each ,great ,lakes ,state and representatives from the ,federal and provincial governments of ,canada2 7,,bb7 shall take into consideration any relevant data or public comments received under subclause 7,,ii77bb72 and 7,,cc7 shall not take into consideration any preliminary assessment by the ,great ,lakes ,commission under clause 7i77,,iii71 or any dissenting opinion under subclause 7,i77dd71 except to the extent that such an assessment or opinion is relevant to the criteria for the applicable determination under item 7aa74 7,,iv7 ,approval or disapproval ,not later than #ahj days after the date of receipt of each proposed standard of performance or other requirement under subclause 7,i71 the ,administrator and the ,secretary shall-- 7aa7 determine1 as applicable1 whether each proposed standard or other requirement satisfies the criteria under subclause 7,,iii77aa72 7bb7 approve each proposed standard or other requirement1 unless the ,administrator or the ,secretary1 as applicable1 determines under item 7aa7 that the proposed standard or other requirement does not satisfy the criteria under subclause 7,,iii77aa72 and 7cc7 submit to the ,governor of each ,great ,lakes ,state1 and publish in the ,federal ,register1 a notice of the determination under item 7aa74 7,v7 ,action on disapproval 7aa7 ,rationale and recommendations ,if the ,administrator and the ,secretary disapprove a proposed standard of performance or other requirement under subclause 7,,iv77bb71 the notices under subclause 7,,iv77cc7 shall include-- 7,,aa7 a description of the reasons why the standard or requirement is1 as applicable1 less stringent than a comparable standard or requirement under this subsection1 inconsistent with maritime safety1 or inconsistent with applicable maritime and navigation laws and regulations2 and 7,,bb7 any recommendations regarding changes the ,governors of the ,great ,lakes ,states could make to conform the disapproved portion of the standard or requirement to the requirements of this subparagraph4 7bb7 ,review ,disapproval of a proposed standard or requirement by the ,administrator and the ,secretary under this subparagraph shall be considered to be a final agency action subject to judicial review under section #eji4 7,,vi7 ,action on approval ,on approval by the ,administrator and the ,secretary of a proposed standard of performance or other requirement under subclause 7,,iv77bb7-- 7aa7 the ,administrator shall establish1 by regulation1 the proposed standard or requirement within the ,great ,lakes ,system in lieu of any comparable standard or other requirement promulgated under paragraph 7#d72 and 7bb7 the ,secretary shall establish1 by regulation1 any requirements necessary to implement1 ensure compliance with1 and enforce the standard or requirement under item 7aa71 or to apply the proposed requirement1 within the ,great ,lakes ,system in lieu of any comparable requirement promulgated under paragraph 7#e74 7,,vii7 ,no judicial review for certain actions ,an action or inaction of a ,governor of a ,great ,lakes ,state or the ,great ,lakes ,commission under this subparagraph shall not be subject to judicial review4 7,,viii7 ,great ,lakes ,compact ,nothing in this subsection limits1 alters1 or amends the ,great ,lakes ,compact to which ,congress granted consent in the ,act of ,july #bd1 #aifh 7,public ,law #ij-dai2 #hb ,stat4 #dad74 7,,ix7 ,authorization of appropriations ,there is authorized to be appropriated to the ,great ,lakes ,commission #e1jjj1jjj1 to be available until expended4 7,c7 ,minimum ,pacific ,region requirements 7i7 ,definition of commercial vessel ,in this subparagraph1 the term commercial vessel means a vessel operating between-- 7,i7 #b ports or places of destination within the ,pacific ,region2 or 7,,ii7 a port or place of destination within the ,pacific ,region and a port or place of destination on the ,pacific ,coast of ,canada or ,mexico north of parallel #bj degrees north latitude1 inclusive of the ,gulf of ,california4 7ii7 ,ballast water exchange 7,i7 ,in general ,except as provided in subclause 7,,ii7 and clause 7iv71 the owner or operator of a commercial vessel shall conduct a complete ballast water exchange in waters more than #ej nautical miles from shore4 7,,ii7 ,exemptions ,subclause 7,i7 shall not apply to a commercial vessel-- 7aa7 using1 in compliance with applicable requirements1 a type-approved ballast water management system approved by the ,secretary2 or 7bb7 voyaging-- 7,,aa7 between or to a port or place of destination in the ,state of ,washington1 if the ballast water to be discharged from the commercial vessel originated solely from waters located between the parallel #df degrees north latitude1 including the internal waters of the ,columbia ,river1 and the internal waters of ,canada south of parallel #ej degrees north latitude1 including the waters of the ,strait of ,georgia and the ,strait of ,juan de ,fuca2 7,,bb7 between ports or places of destination in the ,state of ,oregon1 if the ballast water to be discharged from the commercial vessel originated solely from waters located between the parallel #dj degrees north latitude and the parallel #ej degrees north latitude2 7,,cc7 between ports or places of destination in the ,state of ,california within the ,san ,francisco ,bay area east of the ,golden ,gate ,bridge1 including the ,port of ,stockton and the ,port of ,sacramento1 if the ballast water to be discharged from the commercial vessel originated solely from ports or places within that area2 7,,dd7 between the ,port of ,los ,angeles1 the ,port of ,long ,beach1 and the ,el ,segundo offshore marine oil terminal1 if the ballast water to be discharged from the commercial vessel originated solely from the ,port of ,los ,angeles1 the ,port of ,long ,beach1 or the ,el ,segundo offshore marine oil terminal2 7,,ee7 between a port or place of destination in the ,state of ,alaska within a single ,captain of the ,port ,zone2 7,,ff7 between ports or places of destination in different counties of the ,state of ,hawaii1 if the vessel may conduct a complete ballast water exchange in waters that are more than #aj nautical miles from shore and at least #bjj meters deep2 or 7,,gg7 between ports or places of destination within the same county of the ,state of ,hawaii1 if the vessel does not transit outside ,state marine waters during the voyage4 7iii7 ,low-salinity ballast water 7,i7 ,in general ,except as provided in subclause 7,,ii7 and clause 7iv71 the owner or operator of a commercial vessel that transports ballast water sourced from waters with a measured salinity of less than #ah parts per thousand and voyages to a ,pacific ,region port or place of destination with a measured salinity of less than #ah parts per thousand shall conduct a complete ballast water exchange-- 7aa7 not less than #ej nautical miles from shore1 if the ballast water was sourced from a ,pacific ,region port or place of destination2 or 7bb7 more than #bjj nautical miles from shore1 if the ballast water was not sourced from a ,pacific ,region port or place of destination4 7,,ii7 ,exception ,subclause 7,i7 shall not apply to a commercial vessel voyaging to a port or place of destination in the ,pacific ,region that is using1 in compliance with applicable requirements1 a type-approved ballast water management system approved by the ,secretary to achieve standards of performance of-- 7aa7 less than #a organism per #aj cubic meters1 if that organism-- 7,,aa7 is living1 or has not been rendered nonviable2 and 7,,bb7 is #ej or more micrometers in minimum dimension2 7bb7 less than #a organism per #aj milliliters1 if that organism-- 7,,aa7 is living1 or has not been rendered nonviable2 and 7,,bb7 is more than #aj1 but less than #ej1 micrometers in minimum dimension2 7cc7 concentrations of indicator microbes that are less than-- 7,,aa7 #a colony-forming unit of toxicogenic ,vibrio cholera 7serotypes ,o#a and ,o#aci7 per #ajj milliliters or less than #a colony-forming unit of that microbe per gram of wet weight of zoological samples2 7,,bb7 #abf colony-forming units of escherichia coli per #ajj milliliters2 and 7,,cc7 #cc colony-forming units of intestinal enterococci per #ajj milliliters2 and 7dd7 concentrations of such additional indicator microbes and viruses as may be specified in the standards of performance established by the ,administrator under paragraph 7#d74 7iv7 ,general exceptions ,the requirements of clauses 7ii7 and 7iii7 shall not apply to a commercial vessel if-- 7,i7 complying with the requirement would compromise the safety of the commercial vessel2 7,,ii7 design limitations of the commercial vessel prevent a ballast water exchange from being conducted in accordance with clause 7ii7 or 7iii71 as applicable2 7,,iii7 the commercial vessel-- 7aa7 is certified by the ,secretary as having no residual ballast water or sediments onboard2 or 7bb7 retains all ballast water while in waters subject to those requirements2 or 7,,iv7 empty ballast tanks on the commercial vessel are sealed and certified by the ,secretary in a manner that ensures that-- 7aa7 no discharge or uptake occurs2 and 7bb7 any subsequent discharge of ballast water is subject to those requirements4 7,d7 ,establishment of ,state no-discharge zones 7i7 ,state prohibition ,subject to clause 7ii71 after the effective date of regulations promulgated by the ,secretary under paragraph 7#e71 if any ,state determines that the protection and enhancement of the quality of some or all of the waters within the ,state require greater environmental protection1 the ,state may prohibit #a or more types of discharge regulated under this subsection1 whether treated or not treated1 into such waters4 7ii7 ,applicability ,a prohibition by a ,state under clause 7i7 shall not apply until the date on which the ,administrator makes the applicable determinations described in clause 7iii74 7iii7 ,prohibition by ,administrator 7,i7 ,determination ,on application of a ,state1 the ,administrator1 in concurrence with the ,secretary 7subject to subclause 7,,ii771 shall1 by regulation1 prohibit the discharge from a vessel of #a or more discharges subject to regulation under this subsection1 whether treated or not treated1 into the waters covered by the application if the ,administrator determines that-- 7aa7 prohibition of the discharge would protect and enhance the quality of the specified waters within the ,state2 7bb7 adequate facilities for the safe and sanitary removal and treatment of the discharge are reasonably available for the water and all vessels to which the prohibition would apply2 7cc7 the discharge can be safely collected and stored until a vessel reaches a discharge facility or other location2 and 7dd7 in the case of an application for the prohibition of discharges of ballast water in a port 7or in any other location where cargo1 passengers1 or fuel are loaded and unloaded7-- 7,,aa7 the adequate facilities described in item 7bb7 are reasonably available for commercial vessels1 after considering1 at a minimum1 water depth1 dock size1 pumpout facility capacity and flow rate1 availability of year-round operations1 proximity to navigation routes1 and the ratio of pumpout facilities to the population and discharge capacity of commercial vessels operating in those waters2 and 7,,bb7 the prohibition will not unreasonably interfere with the safe loading and unloading of cargo1 passengers1 or fuel4 7,,ii7 ,concurrence with ,secretary 7aa7 ,request ,the ,administrator shall submit to the ,secretary a request for written concurrence with respect to a prohibition under subclause 7,i74 7bb7 ,effect of failure to concur ,a failure by the ,secretary to concur with the ,administrator under subclause 7,i7 by the date that is #fj days after the date on which the ,administrator submits a request for concurrence under item 7aa7 shall not prevent the ,administrator from prohibiting the relevant discharge in accordance with subclause 7,,iii71 subject to the condition that the ,administrator shall include in the administrative record of the promulgation-- 7,,aa7 documentation of the request submitted under item 7aa72 and 7,,bb7 the response of the ,administrator to any written objections received from the ,secretary relating to the proposed standard of performance during the #fj-;day period beginning on the date of submission of the request4 7,,iii7 ,timing ,the ,administrator shall approve or disapprove an application submitted under subclause 7,i7 by not later than #ij days after the date on which the application is submitted to the ,administrator4 7,e7 ,maintenance in effect of more-stringent standards ,in any case in which a requirement established under this paragraph is more stringent or environmentally protective than a comparable requirement established under paragraph 7#d71 7#e71 or 7#f71 the more-stringent or more-protective requirement shall control4 4 7#b7 ,repeals 7,a7 ,in general ,effective beginning on the date of enactment of this ,act1 the following provisions of law are repealed3 7i7 ,section #aaja of the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgaa74 7ii7 ,public ,law #aaj-bii 7#cc ,u4,s4,c4 #acdb note74 7,b7 ,conforming amendments ,section #aajb of the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgab7 is amended-- 7i7 in subsection 7c77#a71 by inserting 7as in effect on the day before the date of enactment of the ,vessel ,incidental ,discharge ,act of #bjah7 after section #aaja7;b72 and 7ii7 in subsection 7f77#a77;,b71 by inserting 7as in effect on the day before the date of enactment of the ,vessel ,incidental ,discharge ,act of #bjah7 after section #aaja7;c74 7b7 ,regulations for use of marine pollution control devices ,section #cab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbb7 is amended-- 7#a7 by striking the section designation and heading and all that follows through ,for the purpose of in subsection 7a7 and inserting the following3 #cab4 ,marine sanitation devices2 discharges incidental to the normal operation of vessels 7a7 ,definitions ,in 2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#g71 by striking devices or of vessels and inserting devices1 marine pollution control device equipment1 or vessels2 and 7,b7 in paragraph 7#ac71 in the matter preceding subparagraph 7,a71 by inserting 1 except as provided in subsection 7p71 after means2 7#c7 in subsection 7g7-- 7,a7 by inserting or marine pollution control device equipment after marine sanitation device each place it appears2 7,b7 in paragraph 7#a7-- 7i7 by inserting or equipment after such device2 and 7ii7 by inserting or equipment after test device2 and 7,c7 in paragraph 7#b7-- 7i7 by inserting or equipment after the device each place it appears2 and 7ii7 in the fourth sentence1 by inserting or equipment after device each place it appears2 and 7#d7 in subsection 7h7-- 7,a7 in paragraph 7#a71 by inserting and marine pollution control device equipment after marine sanitation device2 7,b7 in paragraph 7#b71 by inserting or any certified marine pollution control device equipment or element of design of such equipment after such device2 7,c7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively1 and indenting the subparagraphs appropriately2 7,d7 by striking 7h7 ,after and inserting the following3 7h7 ,sale and resale of properly equipped vessels2 operability of certified marine sanitation devices 7#a7 ,in general ,subject to paragraph 7#b71 after 2 and 7,e7 by adding at the end the following3 7#b7 ,effect of subsection ,nothing in this subsection requires certification of a marine pollution control device for use on any vessel of the ,armed ,forces4 4 7c7 ,enforcement authority 7#a7 ,in general ,section #cab7k7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbb7k77 is amended-- 7,a7 by striking the second sentence and inserting the following3 7#c7 ,states 7,a7 ,in general ,this section may be enforced by a ,state or political subdivision of a ,state 7including the attorney general of a ,state71 including by filing a civil action in an appropriate ,federal district court to enforce any violation of subsection 7p74 7,b7 ,jurisdiction ,the appropriate ,federal district court shall have jurisdiction with respect to a civil action filed pursuant to subparagraph 7,a71 without regard to the amount in controversy or the citizenship of the parties-- 7i7 to enforce the requirements of this section2 and 7ii7 to apply appropriate civil penalties under this section or section #cji7;d71 as appropriate4 2 7,b7 by striking 7k7 ,the provisions of this and inserting the following3 7k7 ,enforcement authority 7#a7 ,administrator ,this section shall be enforced by the ,administrator1 to the extent provided in section #cji4 7#b7 ,secretary 7,a7 ,in general ,this 2 and 7,c7 in paragraph 7#b7 7as so designated7-- 7i7 in subparagraph 7,a71 by striking operating and he may utilize by agreement and inserting operating1 who may use1 by agreement2 and 7ii7 by adding at the end the following3 7,b7 ,inspections ,for purposes of ensuring compliance with this section1 the ,secretary-- 7i7 may carry out an inspection 7including the taking of ballast water samples7 of any vessel at any time2 and 7ii7 shall-- 7,i7 establish procedures for-- 7aa7 reporting violations of this section2 and 7bb7 accumulating evidence regarding those violations2 and 7,,ii7 use appropriate and practicable measures of detection and environmental monitoring of vessels4 7,c7 ,detention ,the ,secretary may detain a vessel if the ,secretary-- 7i7 has reasonable cause to believe that the vessel-- 7,i7 has failed to comply with an applicable requirement of this section2 or 7,,ii7 is being operated in violation of such a requirement2 and 7ii7 the ,secretary provides to the owner or operator of the vessel a notice of the intent to detain4 4 7#b7 ,preservation of ,federal enforcement authority ,section #cji of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acai7 is amended-- 7,a7 in subsection 7a77#c71 by striking #cah and inserting #cab7p71 #cah2 7,b7 in subsection 7c71 by striking #cah each place it appears and inserting #cab7p71 #cah2 7,c7 in subsection 7d71 in the first sentence-- 7i7 by striking #cah and inserting #cab7p71 #cah12 and 7ii7 by striking ,state11 and inserting ,state12 and 7,d7 in subsection 7g77#a77;,a71 by striking #cah and inserting #cab7p71 #cah4 7#c7 ,preservation of public enforcement authority ,section #eje7;f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfe7;f77 is amended by striking 7#e7 certification and all that follows through the period at the end and inserting the following3 7#e7 a standard of performance or requirement under section #cab7p72 7#f7 a certification under section #dja2 7#g7 a permit or condition of a permit issued under section #djb that is in effect under this ,act 7including a requirement applicable by reason of section #cac72 or 7#h7 a regulation under section #dje7;d744 7#d7 ,review ,section #eji7;b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfi7;b77 is amended by adding at the end the following3 7#d7 ,discharges incidental to normal operation of vessels 7,a7 ,in general ,except as provided in subparagraph 7,b71 any interested person may file a petition for review of a final agency action under section #cab7p7 of the ,administrator or the ,secretary of the department in which the ,coast ,guard is operating in accordance with the requirements of this subsection4 7,b7 ,venue exception ,subject to section #cab7p77#g77;,c77v71 a petition for review of a final agency action under section #cab7p7 of the ,administrator or the ,secretary of the department in which the ,coast ,guard is operating may be filed only in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 4 7d7 ,logbook requirements ,section #aacja7;b7 of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7#ac7 when a vessel fails to carry out ballast water management requirements as applicable and pursuant to regulations promulgated by the ,secretary1 including when the vessel fails to carry out ballast water management requirements due to an allowed safety exemption1 a statement regarding the failure to comply and the circumstances under which the failure occurred1 made immediately after the failure1 when practicable to do so4 4 7e7 ,quagga mussel ,section #db7;a77#a7 of title #ah1 ,united ,states ,code1 is amended1 in the first sentence1 by inserting of the quagga mussel of the species ,dreissena rostriformis or ,dreissena bugensis2 after ,dreissena polymorpha24 7f7 ,coastal aquatic invasive species mitigation grant program and mitigation fund 7#a7 ,definitions ,in this subsection3 7,a7 ,coastal zone ,the term coastal zone has the meaning given the term in section #cjd of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adec74 7,b7 ,eligible entity ,the term eligible entity means-- 7i7 a ,state2 7ii7 a unit of local government2 7iii7 an ,indian ,tribe2 7iv7 a nongovernmental organization2 and 7v7 an institution of higher education4 7,c7 ,exclusive economic zone ,the term ,exclusive ,economic ,zone means the ,exclusive ,economic ,zone of the ,united ,states1 as established by ,presidential ,proclamation #ejcj1 dated ,march #aj1 #aihc 7#af ,u4,s4,c4 #adec note74 7,d7 ,foundation ,the term ,foundation means the ,national ,fish and ,wildlife ,foundation established by section #b7;a7 of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgja7;a774 7,e7 ,fund ,the term ,fund means the ,coastal ,aquatic ,invasive ,species ,mitigation ,fund established by paragraph 7#c77;,a74 7,f7 ,program ,the term ,program means the ,coastal ,aquatic ,invasive ,species ,mitigation ,grant ,program established under paragraph 7#b77;,a74 7,g7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#b7 ,grant program 7,a7 ,establishment ,the ,secretary and the ,foundation shall establish a program1 to be known as the ,coastal ,aquatic ,invasive ,species ,mitigation ,grant ,program1 under which the ,secretary and the ,foundation shall award grants to eligible entities in accordance with this paragraph4 7,b7 ,purposes ,the purposes of the ,program are-- 7i7 to improve the understanding1 prevention1 and mitigation of1 and response to1 aquatic invasive species in-- 7,i7 the coastal zone2 and 7,,ii7 the ,exclusive ,economic ,zone2 7ii7 to support the prevention and mitigation of impacts from aquatic invasive species in the coastal zone2 and 7iii7 to support the restoration of ,pacific ,island habitats1 marine1 estuarine1 and ,great ,lakes environments in the coastal zone and the ,exclusive ,economic ,zone that are impacted by aquatic invasive species4 7,c7 ,use of grants 7i7 ,in general ,a grant awarded under the ,program shall be used for an activity to carry out the purposes of the ,program1 including an activity-- 7,i7 to develop and implement procedures and programs1 including permissible ,state ballast water inspection programs1 to prevent1 detect1 control1 mitigate1 and rapidly or progressively eradicate aquatic invasive species in the coastal zone or the ,exclusive ,economic ,zone1 particularly in areas with high numbers of established aquatic invasive species2 7,,ii7 to restore habitat impacted by an aquatic invasive species2 7,,iii7 to develop new shipboard and land-based ballast water treatment system technologies and performance standards to prevent the introduction of aquatic invasive species2 7,,iv7 to develop mitigation measures to protect natural and cultural living resources1 including shellfish1 from the impacts of aquatic invasive species2 or 7,v7 to develop mitigation measures to protect infrastructure1 such as hydroelectric infrastructure1 from aquatic invasive species4 7ii7 ,prohibition on funding litigation ,a grant awarded under the ,program may not be used to fund litigation in any matter4 7,d7 ,administration ,not later than #ij days after the date of enactment of this ,act1 the ,foundation1 in consultation with the ,secretary1 shall establish the following3 7i7 ,application and review procedures for awarding grants under the ,program4 7ii7 ,approval procedures for awarding grants under the ,program1 including a requirement for consultation with-- 7,i7 the ,secretary of the ,interior2 and 7,,ii7 the ,administrator4 7iii7 ,performance accountability and monitoring measures for activities funded by a grant awarded under the ,program4 7iv7 ,procedures and methods to ensure accurate accounting and appropriate administration of grants awarded under the ,program1 including standards of recordkeeping4 7,e7 ,matching requirement ,each eligible entity that receives a grant under the ,program shall provide1 in cash or through in-kind contributions from non-,federal sources1 matching funds to carry out the activities funded by the grant in an amount equal to not less than #be percent of the cost of the activities4 7,f7 ,funding ,the ,secretary and the ,foundation are authorized to use the amounts available in the ,fund to award grants under the ,program4 7#c7 ,mitigation fund 7,a7 ,establishment ,there is established in the ,treasury of the ,united ,states a trust fund1 to be known as the ,coastal ,aquatic ,invasive ,species ,mitigation ,fund1 consisting of such amounts as are appropriated or credited to the ,fund in accordance with this paragraph or section #ifjb of the ,internal ,revenue ,code of #aihf4 7,b7 ,transfers to ,fund 7i7 ,appropriation ,there is authorized to be appropriated from the ,treasury to the ,fund1 for each fiscal year1 an amount equal to the amount of penalties assessed for violations of subsection 7p7 of section #cab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbb7 during the preceding fiscal year4 7ii7 ,additional authorization ,in addition to the amounts transferred to the ,fund under clause 7i71 there is authorized to be appropriated to the ,fund #e1jjj1jjj for each fiscal year4 7,c7 ,use of ,fund ,subject to appropriations1 the amounts in the ,fund shall be available to the ,secretary and the ,foundation to award grants under the ,program4 7g7 ,great ,lakes and ,lake ,champlain invasive species program 7#a7 ,definitions ,in this subsection3 7,a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7,b7 ,aquatic nuisance species ,the term aquatic nuisance species has the meaning given that term in subsection 7p77#a7 of section #cab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbb74 7,c7 ,director ,the term ,director means the ,director of the ,great ,lakes ,national ,program ,office established by section #aah7;b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfh7;b774 7,d7 ,great ,lakes and ,lake ,champlain ,systems ,the term ,great ,lakes and ,lake ,champlain ,systems includes-- 7i7 ,lake ,champlain2 and 7ii7 all bodies of water 7including wetlands7 within-- 7,i7 the ,great ,lakes ,system 7as defined in section #aah7;a77#c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfh7;a77#c7772 or 7,,ii7 the ,lake ,champlain drainage basin 7as defined in section #abj7;g7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abgj7;g7774 7,e7 ,program ,the term ,program means the ,great ,lakes and ,lake ,champlain ,invasive ,species ,program established under paragraph 7#b77;,a74 7#b7 ,establishment of ,program 7,a7 ,in general ,the ,administrator shall establish within the ,great ,lakes ,national ,program ,office a program1 to be known as the ,great ,lakes and ,lake ,champlain ,invasive ,species ,program-- 7i7 in collaboration with-- 7,i7 the ,director of the ,united ,states ,fish and ,wildlife ,service2 7,,ii7 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration2 7,,iii7 the ,director of the ,united ,states ,geological ,survey2 and 7,,iv7 the ,secretary of the department in which the ,coast ,guard is operating2 and 7ii7 in consultation with-- 7,i7 the head of ,great ,lakes ,aquatic ,nonindigenous ,species ,information ,system of the ,national ,oceanic and ,atmospheric ,administration2 and 7,,ii7 the head of ,great ,lakes ,environmental ,research ,laboratory of the ,national ,oceanic and ,atmospheric ,administration4 7,b7 ,purposes ,the purposes of the ,program shall be-- 7i7 to monitor for the introduction and spread of aquatic nuisance species into or within the ,great ,lakes and ,lake ,champlain ,systems2 7ii7 to detect newly introduced aquatic nuisance species prior to the establishment of the aquatic nuisance species in the ,great ,lakes and ,lake ,champlain ,systems2 7iii7 to inform1 and assist with1 management and response actions to prevent or stop the establishment or spread of an aquatic nuisance species2 7iv7 to establish a watch list of candidate aquatic nuisance species that may be introduced or spread1 and that may survive and establish1 within the ,great ,lakes and ,lake ,champlain ,systems2 7v7 to monitor vectors likely to be contributing to the introduction or spread of aquatic nuisance species1 including ballast water operations2 7vi7 to work collaboratively with the ,federal1 ,state1 local1 and ,tribal agencies to develop criteria for prioritizing and distributing monitoring efforts2 7vii7 to develop1 achieve type approval for1 and pilot shipboard or land-based ballast water management systems installed on1 or available for use by1 commercial vessels operating solely within the ,great ,lakes and ,lake ,champlain ,systems to prevent the spread of aquatic nuisance species populations within the ,great ,lakes and ,lake ,champlain ,systems2 and 7viii7 to facilitate meaningful ,federal and ,state implementation of the regulatory framework in this subsection1 including monitoring1 shipboard education1 inspection1 and compliance conducted by ,states4 7#c7 ,methodology ,the ,program shall seek-- 7,a7 to build on-- 7i7 existing aquatic nuisance species monitoring efforts2 and 7ii7 efforts to develop criteria for prioritizing and distributing monitoring efforts1 geographically and among taxa1 in the ,great ,lakes and ,lake ,champlain ,systems2 7,b7 to advance early detection and monitoring1 and capacity to control the establishment and spread1 of aquatic nuisance species within the ,great ,lakes and ,lake ,champlain ,systems2 7,c7 to identify opportunities to interdict the introduction and spread of aquatic nuisance species through sound science and technological advancements2 7,d7 to assess the risk of aquatic nuisance species introduction and spread via the range of vectors active within the ,great ,lakes and ,lake ,champlain ,systems2 7,e7 to advance the development of type-approved ballast water management system 7as defined in subsection 7p77#a7 of section #cab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbb7 equipment for commercial1 non-seagoing vessels that operate solely within the ,great ,lakes ,system 7as defined in section #aah7;a77#c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfh7;a77#c7772 7,f7 to immediately make available to the public information regarding-- 7i7 the detection of new aquatic nuisance species within the ,great ,lakes and ,lake ,champlain ,systems2 or 7ii7 the spread of aquatic nuisance species within the ,great ,lakes and ,lake ,champlain ,systems2 7,g7 to annually submit to appropriate individuals and entities in each affected region a report describing the findings and activities of the ,program2 7,h7 to identify roles and responsibilities of ,federal agencies in aquatic nuisance species monitoring and response2 and 7,i7 to provide resource assistance to ,states implementing ,state-level programs to enter into partnerships with ,federal agencies in enforcing the requirements under subsection 7p7 of section #cab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbb74 7#d7 ,collaboration ,in carrying out and developing the ,program1 the ,director shall collaborate with-- 7,a7 applicable ,federal1 ,state1 local1 and ,tribal agencies2 and 7,b7 such other research entities or stakeholders as the ,director determines to be appropriate4 7#e7 ,data availability ,the ,director shall-- 7,a7 make the data collected under the ,program available on a publicly accessible internet website1 including in an annual summary report2 and 7,b7 in coordination with the entities identified under paragraph 7#d71 develop communication and notification protocols for the purpose of communicating the range of aquatic nuisance species and any identification of a new aquatic nuisance species introduced to the ,great ,lakes and ,lake ,champlain ,systems4 7#f7 ,report to ,congress 7,a7 ,in general ,not later than ,december #ca1 #bjai1 the ,director shall submit to ,congress a report summarizing the outcomes of activities carried out under the ,program4 7,b7 ,contents ,the report under subparagraph 7,a7 shall include-- 7i7 a description of activities carried out under the ,program1 including an explanation of how those activities help to achieve the purposes described in paragraph 7#b77;,b72 7ii7 an analysis of ,federal1 ,state1 and local efforts to enhance multidisciplinary approaches to achieve the purposes described in paragraph 7#b77;,b72 7iii7 recommendations relating to activities that would contribute to achievement of the purposes described in paragraph 7#b77;,b72 and 7iv7 recommendations to improve the efficiency and effectiveness of the ,program4 7#g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the ,program #ej1jjj1jjj for each of fiscal years #bjai through #bjbc4 7h7 ,technical and conforming amendments 7#a7 ,section #aajb7;f7 of the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgab7;f77 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,ballast water reporting requirements 7,a7 ,in general ,the owner or operator of a vessel subject to this title shall submit to the ,national ,ballast ,information ,clearinghouse1 by not later than #f hours after the arrival of the vessel at a ,united ,states port or place of destination1 the ballast water management report form approved by the ,office of ,management and ,budget numbered ,,omb #afbe-jjfi 7or a successor form71 unless the vessel is operating exclusively on a voyage between ports or places within contiguous portions of a single ,captain of the ,port ,zone4 7,b7 ,multiple discharges ,the owner or operator of a vessel subject to this title may submit a single report under subparagraph 7,a7 for multiple ballast water discharges within a single port or place of destination during the same voyage4 7,c7 ,advance report to ,states ,a ,state may require the owner or operator of a vessel subject to this title to submit directly to the ,state1 or to an appropriate regional forum1 a ballast water management report form-- 7i7 not later than #bd hours prior to arrival at a ,united ,states port or place of destination in the ,state1 if the voyage of the vessel is anticipated to exceed #bd hours2 or 7ii7 before departing the port or place of departure1 if the voyage of the vessel to the ,united ,states port or place of destination is not anticipated to exceed #bd hours4 7#c7 ,vessel reporting data 7,a7 ,dissemination to ,states ,on receipt of a ballast water management report under paragraph 7#b71 the ,national ,ballast ,information ,clearinghouse shall-- 7i7 in the case of a form submitted electronically1 immediately disseminate the report to interested ,states2 or 7ii7 in the case of a form submitted by means other than electronically1 disseminate the report to interested ,states as soon as practicable4 7,b7 ,availability to public ,not later than #cj days after the date of receipt of a ballast water management report under paragraph 7#b71 the ,national ,ballast ,information ,clearinghouse shall make the data in the report fully and readily available to the public in a searchable and fully retrievable electronic format4 7#d7 ,report 7,a7 ,in general ,not later than ,july #a1 #bjai1 and annually thereafter1 the ,secretary shall prepare and submit a report in accordance with this paragraph4 7,b7 ,contents ,each report under this paragraph shall synthesize and analyze the data described in paragraph 7#a7 for the preceding #b-year period to evaluate nationwide status and trends relating to-- 7i7 ballast water delivery and management2 and 7ii7 invasions of aquatic nuisance species resulting from ballast water4 7,c7 ,development ,the ,secretary shall prepare each report under this paragraph in consultation and cooperation with-- 7i7 the ,task ,force2 and 7ii7 the ,smithsonian ,institution 7acting through the ,smithsonian ,environmental ,research ,center74 7,d7 ,submission ,the ,secretary shall-- 7i7 submit each report under this paragraph to-- 7,i7 the ,task ,force2 7,,ii7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,,iii7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7ii7 make each report available to the public4 7#e7 ,working group ,not later than #a year after the date of enactment of this paragraph1 the ,secretary shall establish a working group1 including members from the ,national ,ballast ,information ,clearinghouse and ,states with ballast water management programs1 to establish a process for compiling and readily sharing ,federal and ,state commercial vessel reporting and enforcement data regarding compliance with this ,act4 4 7#b7 ,section #abje of the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgbe7 is amended-- 7,a7 in the third sentence1 by striking ,compliance and inserting the following3 7c7 ,effect of compliance ,compliance 2 7,b7 in the second sentence1 by striking ,nothing and inserting the following3 7b7 ,effect of title 7#a7 ,in general ,except as provided in paragraph 7#b71 nothing 2 7,c7 in the first sentence1 by striking ,all actions and inserting the following3 7a7 ,consistency with environmental laws ,all actions 2 and 7,d7 in subsection 7b7 7as so designated71 by adding at the end the following3 7#b7 ,exception ,any discharge incidental to the normal operation of a vessel1 including any discharge of ballast water 7as those terms are defined in subsections 7a7 and 7p77#a7 of section #cab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbb771 shall be regulated in accordance with that section4 4 ,x ,hydrographic services and other matters #ajja4 ,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 #bjai through #bjbc42 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 #bjai through #bjbc42 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 #bjai through #bjbc42 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 #bjai through #bjbc42 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 #bjai through #bjbc42 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 in the ,arctic-- 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 change2 and 7,e7 to reduce risks of harm to 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 #ajjb4 ,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 measures for comparing cost per unit effort in addition to measures of cost per nautical square mile2 and 7#c7 submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives 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 #ajjc4 ,homeport of certain research vessels 7a7 ,acceptance of funds authorized ,the ,secretary of ,commerce may accept non-,federal funds for the purpose of the construction of a new port facility1 including obtaining such cost estimates1 designs1 and permits as may be necessary 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 #gge7 at a location that during such homeporting shall be under the administrative jurisdiction of the ,under ,secretary of ,commerce 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 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a strategic plan for implementing subsection 7a74 7c7 ,acceptance of funds authorized ,the ,secretary may accept non-,federal funds for the purpose of the construction of a new port facility1 including obtaining such cost estimates1 designs1 and permits as may be necessary to facilitate the homeporting of a new1 existing1 or reactivated research vessel in the city of ,st4 ,petersburg1 ,florida1 at a location that during such homeporting shall be under the administrative jurisdiction of the ,under ,secretary of ,commerce 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 ,secretary