[Senate Report 115-89]
[From the U.S. Government Publishing Office]
Calendar No. 112
115th Congress} { Report
SENATE
1st Session } { 115-89
======================================================================
COAST GUARD AUTHORIZATION ACT OF 2017
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1129
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
June 5, 2017.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED FIFTEENTH CONGRESS
FIRST SESSION
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada CORY A. BOOKER, New Jersey
JAMES M. INHOFE, Oklahoma TOM UDALL, New Mexico
MIKE LEE, Utah GARY C. PETERS, Michigan
RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois
CORY GARDNER, Colorado MARGARET WOOD HASSAN,
TODD C. YOUNG, Indiana New Hampshire
CATHERINE CORTEZ MASTO, Nevada
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Calendar No. 112
115th Congress} { Report
SENATE
1st Session } { 115-89
======================================================================
COAST GUARD AUTHORIZATION ACT OF 2017
_______
June 5, 2017.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1129]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1129) to authorize
appropriations for the Coast Guard, and for other purposes,
having considered the same, reports favorably thereon with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
Purpose of the Bill
The purpose of this legislation is to authorize
appropriations for the Coast Guard and the Federal Maritime
Commission (FMC) for fiscal year (FY) 2018 and FY 2019,
standardize regulations for incidental vessel discharges,
change National Oceanic and Atmospheric Administration
Commissioned Officer Corps (NOAA Corps) requirements, and for
other purposes.
Background and Needs
The Coast Guard operates simultaneously under titles 10
(governing the armed forces) and 14 (governing the Coast Guard)
of the United States Code, and numerous other authorities
(e.g., parts of titles 6, 19, 33, 46). Its legal authorities
enable the Coast Guard to conduct military operations in
support of the Department of Defense (DoD) or directly for the
President in accordance with title 14. Further, the Coast Guard
can be transferred to the Department of the Navy by the
President at any time or by Congress during time of war. The
Coast Guard is under the Department of Homeland Security (DHS).
As such, the Coast Guard is the only U.S. military service that
is situated outside the DoD.
The Coast Guard is composed of approximately 40,000 active-
duty members, 7,500 reservists, 8,000 full-time civilian
employees, and 30,000 volunteer auxiliarists. The service is
tasked with providing maritime security, law enforcement, and
prevention and response activities for more than 4.5 million
square miles of ocean, 95,000 miles of coastline, 26,000 miles
of commercial waterways, 361 ports, 3,700 marine terminals, and
25,000 miles of inland and coastal waterways - this is the
largest system of ports, waterways, and coastal seas in the
world.\1\ It is unique among the military branches for having a
maritime law enforcement mission, with jurisdiction in both
domestic and international waters, while also serving as a
Federal regulatory agency as part of its mission set.
The Coast Guard's 11 statutory missions can be broken down
into 2 categories.\2\ Its homeland security missions include
the following: (1) ports, waterways, and coastal security; (2)
drug interdiction; (3) migrant interdiction; (4) defense
readiness; and (5) other law enforcement. Its non-homeland
security missions are the following: (1) marine safety; (2)
search and rescue; (3) aids to navigation; (4) living marine
resources; (5) marine environmental protection; and (6) ice
operations. In addition, the Coast Guard has been called upon
in recent years to support the DoD's overseas contingency
operations, such as counter-piracy operations off the Horn of
Africa, and the protection of petroleum pipelines and shipping
lanes in the Persian Gulf. Six Coast Guard cutters and
associated support staff have been deployed to the Persian Gulf
since 2003 working in support of DoD combatant commanders.\3\
Authorization levels and strength of force
This bill would authorize the Coast Guard through FY 2019.
The authorization levels (dollars in millions) and number of
active duty personnel authorized would be largely consistent
with current authorizations and appropriations:
------------------------------------------------------------------------
FY 17 FY 18 FY 19
Enacted Authorization Authorization
------------------------------------------------------------------------
Operating Expenses $7,079 $7,300 $7,592
------------------------------------------------------------------------
Acquisitions, Construction, $1,370 $1,986 $2,027
& Improvements
------------------------------------------------------------------------
Environmental Compliance & $13.3 $17.1 $17.4
Restoration
------------------------------------------------------------------------
Reserve Training $112 $143 $146
------------------------------------------------------------------------
Research, Development, Test, $36.3 $20.3 $20.7
& Evaluation
------------------------------------------------------------------------
------------------------------------------------------------------------
FY 17 FY 18 FY 19
Enacted Authorization Authorization
------------------------------------------------------------------------
Number of Active Duty 43,000 43,000 43,000
Personnel Authorized
------------------------------------------------------------------------
The Federal Maritime Commission
The FMC was established as an independent Federal
regulatory agency in 1961. The agency is a bipartisan committee
of five commissioners who administer U.S. maritime law. In
general, the FMC carries out the following duties: (1) monitors
the activities of ocean carriers, terminal operators, ports,
and ocean transportation intermediaries; (2) reviews rate
agreements and the activities of carrier alliances; (3)
maintains trade monitoring, enforcement, and dispute resolution
programs; and (4) reviews service agreements, contracts, and
arrangements for compliance with U.S. law. Traditionally, the
FMC is reauthorized as part of the Coast Guard's
reauthorization.
National Oceanic and Atmospheric Administration Commissioned Officer
Corps and National Ocean Service
The NOAA Corps is one of the seven uniformed services of
the United States.\4\ The 321 officers of the NOAA Corps make
up only about 3 percent of NOAA's personnel, but as the
operators of NOAA's ship and aircraft fleet, they are critical
to NOAA. Their combination of scientific and operational
expertise, coupled with a high degree of flexibility and
deployability, allow them to serve throughout NOAA's line and
staff offices and support nearly all of NOAA's programs and
missions. NOAA Corps officers also regularly work with other
services, commanding Navy underwater unmanned vehicle platoons,
training with Navy scientific aircraft squadrons, and deploying
on Coast Guard cutters. The NOAA Corps and the Coast Guard now
have joint Officer Candidate School classes.
The National Ocean Service (NOS) is one of six line offices
within NOAA.\5\ The navigation, observations, and positioning
sector of NOS is tasked with geodetic and hydrographic surveys,
shoreline mapping, and building and maintaining the Nation's
nautical charts. The hydrographic survey data are used to
support a variety of maritime functions including safe
navigation, port and harbor maintenance, coastal engineering,
offshore resource development, managing sensitive marine
habitats, selecting alternative energy sites, identifying
geological hazards, and supporting inundation studies to
understand the risks of coastal erosion, hurricanes, and
tsunamis.
---------------------------------------------------------------------------
\1\U.S. Coast Guard (USCG), Western Hemisphere Strategy.
\2\Homeland Security Act of 2002, H.R. 5005, 2002, 107th Congress,
U.S.C. Sec. 888.
\3\USCG, ``Patrol Forces Southwest Asia,'' 12/21/2016, at https://
www.uscg.mil/lantarea/PATSFORSWA/default.asp.
\4\The United States has seven uniformed services, of which five
are armed services (Army, Navy, Air Force, Marines and the Coast Guard)
and two which are not armed (the US Public Health Service and the NOAA
Corps).
\5\National Oceanic Atmospheric Administration's (NOAA) six line
offices include: NOAA Marine & Aviation Operations (OMAO); NOAA Marine
Fisheries Service (NMFS); National Ocean Service (NOS); Office of
Oceanic and Atmospheric Research (OAR); National Weather Service (NWS);
and National Environmental Satellite, Data, and Information Service
(NESDIS).
---------------------------------------------------------------------------
Summary of Provisions
S. 1129, the Coast Guard Authorization Act of 2017, would
do the following:
Enhance the Coast Guard's maritime drug law
enforcement capabilities.
Provide enhanced ability for the placement
and maintenance of aids to navigation.
Authorize the Coast Guard to enter into
multiyear contracts on certain new acquisitions.
Provide the Coast Guard parity with a number
of DoD authorities.
Provide clarity to vessel owners for safety
requirements.
Increase the safety and flexibility for
recreational boaters.
Enhance the Coast Guard's ability to operate
in the Arctic.
Establish uniform national standards and
requirements for treatment and management of ballast
water and other discharges incidental to the normal
operation of a vessel.
Provide flexibility to commanding officers
in granting leave to assist new parents.
Enhance the authority of the FMC to allow
collaboration among Commissioners and monitor
compliance with applicable maritime law.
Legislative History
On March 22, 2017, the Committee's Subcommittee on Oceans,
Atmosphere, Fisheries, and Coast Guard held a Coast Guard
oversight hearing to examine the Coast Guard's missions,
priorities, and FY 2018 budget request.
On May 9, 2017, the Committee's Subcommittee on Surface
Transportation and Merchant Marine Infrastructure, Safety, and
Security held a maritime transportation oversight hearing that,
among other topics, examined opportunities and challenges for
the FMC. Acting FMC Chairman Michael Khouri testified on
alliances and market power issues, as well as on the FMC's
authorities under the Shipping Act of 1984. FMC Commissioner
Rebecca Dye testified on supply chain innovation teams and ways
to facilitate greater information sharing. FMC Commissioner
Mario Cordero testified on carrier consolidation, alliances,
and supply chain technological advancement.
S. 1129, the Coast Guard Authorization Act of 2017, was
introduced on May 16, 2017, by Senators Sullivan, Thune, and
Nelson.
On May 18, 2017, the Committee met in open Executive
Session and, by voice vote, ordered S. 1129 to be reported
favorably with an amendment (in the nature of a substitute).
Senators Thune and Nelson offered an amendment (in the nature
of a substitute) and additional amendments were offered by
Senators Baldwin, Blumenthal, Cantwell, Markey, Peters, and
Sullivan, all of which were accepted.
S. 168, the Commercial Vessel Incidental Discharge Act
(Senate Report 115 16), and S. 171, the NOAA Corps Amendments
and Hydrographic Services Improvement Act Reauthorization and
Amendments Act of 2017, were previously reported out of
Committee on January 24, 2017. Both Acts were added as titles
in the substitute amendment to S. 1129.
At the Committee's Executive Session, Senators Cantwell,
Booker, Udall, Peters, Baldwin, and Duckworth asked to be
recorded as ``no'' votes on S. 1129 due to the inclusion of S.
168 in the substitute amendment.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1129--Coast Guard Authorization Act of 2017
Summary: S. 1129 would authorize appropriations totaling
$21.1 billion, primarily for ongoing activities of the Coast
Guard (USCG). The bill also would authorize appropriations for
the Federal Maritime Commission (FMC) and the National Oceanic
and Atmospheric Administration (NOAA) and amend laws governing
programs administered by all three agencies. Assuming
appropriation of the specified amounts, CBO estimates that
implementing the legislation would cost $19.3 billion over the
2018-2020 period.
CBO also estimates that S. 1129 would increase direct
spending for retention bonuses paid to USCG personnel by $269
million over the 2018-2027 period. The bill also would affect
revenues, but CBO estimates that any such changes would be
insignificant. Because enacting the bill would affect direct
spending and revenues, pay-as-you-go procedures apply.
CBO estimates that enacting S. 1129 would not increase net
direct spending or on-budget deficits by more than $5 billion
in any of the four consecutive 10-year periods beginning in
2028.
S. 1129 would impose intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
CBO estimates that the cost of the mandates would fall below
the annual thresholds established in UMRA for intergovernmental
and private-sector mandates ($78 million and $156 million in
2017, respectively, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 1129 is shown in the following table.
The costs of this legislation fall within budget functions 400
(transportation) and 300 (natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2017-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Coast Guard
Authorization Level.......................... 0 9,465 9,804 0 0 0 19,269
Estimated Outlays............................ 0 5,992 7,920 2,571 1,345 737 18,565
NOAA
Authorization Level.......................... 0 183 183 183 183 0 732
Estimated Outlays............................ 0 114 157 178 181 67 697
Federal Maritime Commission
Authorization Level.......................... 0 28 28 0 0 0 56
Estimated Outlays............................ 0 26 27 2 1 0 56
Total Changes
Authorization Level...................... 0 9,676 10,015 183 183 0 20,057
Estimated Outlays........................ 0 6,132 8,104 2,751 1,527 804 19,318
INCREASES IN DIRECT SPENDINGa
Estimated Budget Authority....................... 0 3 9 28 29 30 99
Estimated Outlays................................ 0 3 9 28 29 30 99
----------------------------------------------------------------------------------------------------------------
Note: NOAA = National Oceanic and Atmospheric Administration.
aCBO estimates that enacting S. 1129 would increase direct spending by $269 million over the 2017-2027 period.
Basis of estimate: For this estimate, CBO assumes that S.
1129 will be enacted before the end of fiscal year 2017, that
the authorized amounts will be provided as specified in the
bill, and that outlays will follow historical spending
patterns.
Spending Subject to Appropriation
S. 1129 would authorize appropriations totaling $20.1
billion over the 2018-2021 period. Most of that amount--$19.3
billion--would support ongoing activities of the USCG over the
next two years. The bill also would authorize appropriations
totaling $732 million over the 2018-2021 period for NOAA and
$56 million for the FMC.
Coast Guard. S. 1129 would authorize appropriations
totaling $9.5 billion in 2018 and $9.8 billion in 2019 for
ongoing activities of the Coast Guard. (The Congress provided
about $8 billion for the agency in 2017.) That amount includes:
$14.9 billion for operating expenses;
$4 billion for capital spending to acquire
and maintain mission-related vessels, aircraft,
facilities, and infrastructure;
$289 million for training reservists;
$41 million for research programs; and
$34 million for activities related to
enforcing compliance with environmental regulations.
CBO estimates that implementing those provisions would cost
$18.6 billion over the 2018-2022 period and an additional $0.7
billion after 2022.
NOAA. Title IX of the bill would authorize the
appropriation of $183 million annually over the 2018-2021
period for NOAA to carry out hydrographic activities including:
nautical mapping and charting, collecting hydrographic data,
maintaining a geodetic reference system (a worldwide coordinate
system used for navigation purposes), and measuring tides and
currents. (Information about the level of funding provided to
NOAA for 2017 was not available at the time of this estimate;
in 2016 NOAA allocated $207 million to carry out similar
activities.) CBO estimates that implementing title IX would
cost $697 million over the 2018-2022 period.
Federal Maritime Commission. Title VII would authorize the
appropriation of $28 million annually over the next two years
for the FMC, which regulates shipping activities in the United
States. (The Congress provided $27 million for that agency in
2017.) CBO estimates implementing those provisions would cost
$56 million over the 2018-2022 period.
Direct Spending and Revenues
Enacting S. 1129 would increase direct spending mostly for
continuation pay, a type of retention bonus paid to certain
USCG servicemembers.
Continuation Pay. The National Defense Authorization Act of
2016 made significant changes to the retirement system that
applies to members of the Uniformed Services, including most
USCG servicemembers. Under the new retirement system, which
will take effect on January 1, 2018, the agency is authorized
to provide retention bonuses--called continuation pay--to
members who have served for no less than 8 and no more than 12
years, if they commit to at least three additional years of
service. The Secretary of Homeland Security has significant
discretion in determining the amount of individuals'
continuation pay, which is set at an amount that equals an
individual's monthly basic pay times a multiplier of between
2.5 and 13 for active-duty members and between 0.5 and 6 for
part-time reservists. Roughly 29,000 individuals--including
about 3,800 officers and 25,500 enlisted members--have the
option of enrolling in the new retirement system.
Section 206 would specify that mandatory appropriations
available to the USGC for retired pay could be used to cover
the USCG's costs for continuation pay. Under current law, CBO
expects that funding for continuation pay will be drawn from
discretionary appropriations provided for the salaries and
expenses of USCG servicemembers. As a result, by expanding the
purposes for which the agency could use mandatory
appropriations to include continuation pay, enacting S. 1129
would increase direct spending.
The magnitude and timing of spending for continuation pay
over the 10-year period covered by this estimate is uncertain
and depends on a variety of factors--in particular, the number
of existing members who opt into the new system and qualify for
the benefit during that period. Opt-in decisions of those
individuals will turn on multiple factors including their
assessments of the value of their benefits under the new
retirement system--including continuation pay--compared to the
value of their benefits under the old system. As noted above,
the Secretary has considerable discretion in setting
multipliers that will determine individuals' continuation pay.
For this estimate, CBO expects the Secretary will set those
multipliers at levels high enough to retain existing
servicemembers at rates that would ensure a stable force
structure during the upcoming transition between retirement
systems.
Specifically, based on an analysis of information from the
USCG about historical continuation rates and estimates of
multipliers required to maintain the existing force structure,
CBO estimates that continuation pay for most enlisted
servicemembers will be set at the minimum level required by
law, resulting in continuation payments of roughly two-and-one-
half times an individual's monthly base pay. In contrast, CBO
expects that multipliers for officers will be considerably
higher. CBO estimates that payments to active-duty officers
will be close to one year's worth of basic pay; reservists'
payments will equal about four months' worth. At those rates,
CBO expects that nearly all existing officers with 10 or fewer
years of service as of January 2018 will opt into the new
system when it takes effect that year. Opt-in rates for
enlisted members will be somewhat lower, CBO expects.
Given those expectations for how USCG will use its
continuation pay authority, CBO estimates that direct spending
for continuation pay under the bill would total $269 million
over the 2018-2027 period. Payments would be modest in the
first two years as relatively few individuals are expected to
become eligible for continuation pay until 2020. Starting in
that year, CBO expects spending for continuation pay would rise
considerably, particularly for payments to officers, which
would be steady thereafter, reflecting the expectation that a
similar number of officers would become eligible in subsequent
years. Overall spending for continuation payments would
continue to climb gradually, reflecting both growth in the rate
at which individuals qualify for benefits, and anticipated
growth in rates of base pay for USCG servicemembers.
Other Provisions. CBO expects that enacting other
provisions of S. 1129 would affect direct spending and
revenues. However, based on an analysis of information from the
affected agencies about the anticipated effects of such
provisions, CBO estimates that any such changes, on net, would
be insignificant. Those provisions would:
Increase civil penalties (which are recorded
as revenues) for violations of regulations related to
the use of cut-off switches for engines used on
recreational vessels;
Modify time frames and fees related to
certificates of documentation for recreational vessels;
Allow the USCG to spend, without further
appropriation, amounts credited to the Abandoned
Seafarers Fund for the support costs of certain alien
seafarers stranded within U.S. jurisdictions;
Permit the USCG to rehire certain civilian
retirees to serve among the agency's acquisitions
workforce without affecting federal annuities paid to
those individuals;
Establish criminal penalties for violations
of a prohibition against wearing the uniform of NOAA's
commissioned officer corps without proper
authorization;
Require any individual who enlists and fails
to fulfill the service requirements of NOAA's
commissioned officer corps to repay that agency an
amount equal to its costs to train that individual; and
Allow NOAA to collect and spend, without
further appropriation, monetary gifts to finance costs
associated with planning the construction of a new port
facility.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1129 AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON MAY 18, 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2017-2022 2017-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact....................... 0 3 9 28 29 30 32 33 34 35 36 99 269
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 1129 would not increase net direct
spending or on-budget deficits by more than $5 billion in any
of the four consecutive 10-year periods beginning in 2028.
Intergovernmental and private-sector impact: S. 1129 would
impose intergovernmental and private-sector mandates as defined
in UMRA. CBO estimates that the cost of the mandates would fall
below the annual thresholds established in UMRA ($78 million
for intergovernmental mandates and $156 million for private-
sector mandates in 2017, adjusted annually for inflation).
Mandates That Apply to Both Public and Private Entities
The bill would impose intergovernmental and private-sector
mandates on operators of marine terminals, such as port
authorities and owners or operators of drawbridges. The bill
would require those operators to submit reports on their
business activities to the Federal Maritime Commission if
requested. The bill would require owners or operators of
drawbridges to notify the public of a temporary change to the
operation of the bridge lasting 180 days or less. The bill also
would require owners or operators of drawbridges to record
drawbridge movements in a log and make the log available for
inspection by the Coast Guard. CBO estimates that the cost of
complying with those reporting requirements would be small.
Additionally, the bill could increase the costs of
complying with existing mandates by making personnel in the
NOAA commissioned officer corps eligible for protections under
the Uniformed Services Employment and Reemployment Rights Act
(USERRA). Protections under that act require public and private
employers to grant various allowances to members of the
uniformed services. Because the number of service members newly
covered by USERRA would be so small (fewer than 400), CBO
estimates that the incremental cost of compliance also would be
small.
Mandates That Apply to Public Entities Only
The bill would preempt state and local laws in a number of
ways. It would:
Establish exclusive federal regulation of
ballast water and other discharges of vessels through a
national uniform standard and a set of best management
practices;
Exempt NOAA officers from an obligation to
serve on juries if the service unreasonably conflicts
with official duties or would adversely affect the
readiness of a unit, command, or activity;
Prohibit states from regulating engine cut-
off switch requirements that are not identical to those
authorized in the bill; and
Allow health-care professionals to practice
in states other than where they are licensed if they
are members, employees, or contractors of the Coast
Guard performing authorized duties.
Although those preemptions would limit the application of
state and local laws, they would impose no duty on state or
local governments that would result in additional spending or a
loss of revenues.
Mandates That Apply to Private Entities Only
The bill would impose a mandate on ocean carriers by
subjecting any joint negotiations with tug operators to
antitrust laws. That is, the bill would prohibit ocean carriers
from jointly negotiating with tug operators unless those
negotiations meet the criteria of federal antitrust laws. Under
the bill, those carriers would need to enter into contracts
individually with tug operators, which could result in higher
costs. Currently, only one group of ocean carriers has the
authority to jointly negotiate with tug operators and that
authority has not yet been used. Based on those facts and
information from industry sources, CBO estimates that those
costs would not be substantial.
The bill also would impose a private-sector mandate on
manufacturers of recreational vessels by requiring the
installation of an engine cut-off switch on vessels 25 feet or
less in length in accordance with an industry standard. (Cut-
off switches turn off the engine if the operator is separated
from the vessel.) Based on information from industry sources,
CBO estimates that manufacturers would only need to install
engine cut-off switches on about 5,000 vessels because
manufacturers already include such switches on most
recreational vessels covered by the mandate. On the basis of
information about the cost of engine cut-off switches, CBO
estimates that the cost of installing an engine cut-off switch
on those vessels would be small. Additionally, the bill would
require individuals to use an engine cut-off switch when
operating a recreational vessel 25 feet or less in length. CBO
estimates that the cost of using a cut-off switch would be
small.
The bill also would prohibit individuals from wearing the
uniform of the NOAA commission officer corps without
authorization. CBO expects that the prohibition would affect
few individuals. Consequently, the cost of the mandate would be
negligible.
Previous CBO estimate: On March 3, 2017, CBO transmitted a
cost estimate for S. 171, the National Oceanic and Atmospheric
Administration Commissioned Office Corps Amendments and
Hydrographic Services Improvement Act Reauthorization and
Amendments Act of 2017, as ordered reported by the Senate
Committee on Commerce, Science, and Transportation on January
24, 2017. Title IX of S. 1129 is similar to S. 171, and our
estimate of the cost of implementing those provisions is the
same.
On February 22, 2017, CBO transmitted a cost estimate for
S. 168, the Commercial Vessel Incidental Discharge Act, as
ordered reported by the Senate Committee on Commerce, Science,
and Transportation on January 24, 2017. S. 168 is similar to
title VIII of S. 1129, and our estimate of the cost of
implementing those provisions is the same.
Estimate prepared by: Federal costs: Megan Carroll (USCG)
and Robert Reese (NOAA); Impact on State, local, and tribal
governments: Jon Sperl; Impact on the private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
This measure, as reported, would not create any new
programs or impose any new regulatory requirements, and,
therefore, would not subject any individuals or businesses to
new regulations.
Title VII of S. 1129 would provide the FMC with
discretionary information collection authority over marine
terminal operators, similar to the FMC's existing authority
over common carriers, and this authority, if used, could cover
up to about 200 entities.
Title VIII, the Commercial Vessel Incidental Discharge Act,
would streamline regulatory compliance for the owners and
operators of approximately 70,000 vessels with respect to
ballast water discharge. It also would permanently exempt
approximately 120,000 vessels, including all commercial fishing
vessels, from incidental vessel discharge rules and thus reduce
the regulatory burden on the owners and operators of those
vessels.
economic impact
Enactment of this legislation is not expected to have any
significant adverse impacts on the Nation's economy. Title VIII
would likely have a positive economic impact by improving the
ease with which interstate commerce is conducted and reduce the
compliance costs of businesses.
privacy
This measure would not impact the personal privacy of
individuals.
paperwork
Title VIII of S. 1129 would replace a myriad of Federal and
State vessel incidental discharge requirements with a single
set of national requirements, and will likely reduce paperwork
requirements for individuals and businesses. As noted above,
title VII does provide the FMC with discretionary information
collection authority over marine terminal operators, similar to
the FMC's existing authority over common carriers, and the use
of that authority could lead to new paperwork filings when
necessary. S. 1129 also would require several reports from the
Coast Guard and NOAA, as well as a study from the Government
Accountability Office.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title; table of contents.
This section would provide a short title for the bill and a
table of contents.
Section 2. Effective dates.
This section would set effective dates for the provisions
in this Act.
Title I - Authorizations
Section 101. Authorization of appropriations.
This section would authorize $7.3 billion and $7.6 billion
in discretionary funds for the Coast Guard for FY 2018 and FY
2019, respectively. As reflected in the table above, this is a
slight increase over FY 2017 enacted levels that accounts for
inflation and increased demands on the Coast Guard. It also
would authorize $1.9 billion for FY 2018 and $2.0 billion for
FY 2019 for building new Offshore Patrol Cutters and continuing
other acquisition programs.
Section 102. Authorized levels of military strength and training.
This section would authorize an end-of-year strength for
active duty Coast Guard personnel of 43,000 and set military
training student loads for FY 2018 and FY 2019, consistent with
current levels.
Title II - Coast Guard
Section 201. Primary duties.
This section would clarify the Coast Guard's role in
providing for national security and as a member of the armed
forces at all times.
Section 202. Training; emergency response providers.
This section would allow the Coast Guard to fill empty
seats for training that has already been paid for under a Coast
Guard contract with non-Coast Guard emergency personnel.
Allocated seats for contracted training often go unfilled due
to unforeseen circumstances encountered by Coast Guard
personnel. The training is already contracted for and empty
seats are a lost opportunity.
Section 203. Commissioned service retirement.
This section would extend the Commandant of the Coast
Guard's (Commandant) existing authority to reduce total
commissioned time needed to retire from 10 to 8 years for
another 2 years, until 2019. This provides a needed management
tool and parity with the DoD services.
Section 204. Officer promotion zones.
This section would allow the Commandant to increase the
number of officers reviewed each year for promotion without
changing the authorized number that can be selected. The
overall result would be an increase in attrition allowing for
increased upward mobility throughout the officer ranks.
Section 205. Officer Evaluation Report.
This section would require the Commandant to align
lieutenant junior grade evaluations with those of ensigns or
reduce the frequency of lieutenant junior grade evaluations and
require a report to Congress following surveys of promotion
boards, assignment officers, and other Coast Guard officers on
the value of the Officer Evaluation Report (OER) to their
specific process and the amount of time spent on each OER
throughout the rating chain.
Section 206. Retired pay; amounts for payments in connection with
modernized retirement system.
This section would address gaps in funding for the new
blended retirement system implemented as part of the 2016
National Defense Authorization Act (NDAA) (P.L. 114 92). This
section was previously scored as part of the 2016 NDAA and does
not request additional funds. It clarifies the Coast Guard's
authority to pay for the new plan out of its retirement pay
account.
Section 207. Inclusion of vessel for investigation purposes.
This section would allow the Coast Guard to conduct
investigations for Commandant owned vessels in parity with
aircraft investigations, including inspecting record keeping.
Section 208. Leave for the birth or adoption of a child.
This section would authorize Coast Guard members to use
birth or adoption leave incrementally at the discretion of the
commanding officer. It would provide more flexibility in the
leave policy and increase surge capability during times of
crisis.
Section 209. Aviation cadets; appointment as Reserve officers; cross
reference.
This section would provide a technical correction to
section 373(a) of title 14, United States Code, by clarifying
the law is referring to aviation cadets only.
Section 210. Clothing at time of discharge for good of service; repeal.
This section would repeal an unused section of law that
required the Coast Guard to issue an overcoat to individuals
departing the Service.
Section 211. Multiyear contracts.
This section would authorize the Coast Guard to use
multiyear contracts to procure the tenth, eleventh, and twelfth
National Security Cutters.
Section 212. Coast Guard ROTC Program.
This section would direct the Coast Guard to report to
Congress on the feasibility and need of creating a Coast Guard
ROTC program.
Section 213. National Coast Guard Museum.
This section would modify certain limitations on how
Federal funds could be spent with respect to the National Coast
Guard Museum. The Secretary would be directed to use, to the
maximum extent practicable, non-appropriated and non-Federal
funds and would be directed to prioritize the use of any
appropriated operations and maintenance funds for preserving
Coast Guard artifacts.
Section 214. Polar icebreakers.
This section would require the Coast Guard to report to
Congress on the plan to recapitalize the Coast Guard cutter
POLAR STAR so as to maintain heavy ice breaking capability
until the Coast Guard's new icebreakers are complete.
Section 215. Great Lakes icebreaker acquisition.
This section would authorize the Coast Guard, out of funds
made available pursuant to section 2702(2) of title 14, United
States Code, to construct an icebreaker for the Great Lakes. It
also would require an acquisition plan for such an icebreaker.
Title III - Marine Safety
Section 301. Coast Guard advisory committees.
This section would provide technical corrections
streamlining all 11 Coast Guard advisory committees and move
them into title 14 of the United States Code.
Section 302. Clarification of logbook and entry requirements.
This section would eliminate the term ``official'' from
maritime logbook requirements, allowing the use of a wider
variety of logbooks, including electronic. This section also
would exempt ferries and certain passenger vessels from logbook
requirements.
Section 303. Technical amendments; licenses, certifications of
registry, and merchant mariner documents.
This section would clarify language in existing law in
regards to mariner licensing and documentation.
Section 304. Numbering for undocumented barges.
This section would eliminate the requirement for the Coast
Guard to enforce the numbering of all barges. The original
legislation was created to address abandoned barges. This
problem has been reduced due to civil penalties and the cost-
benefit analysis of implementing this rule did not support the
numbering requirement.
Section 305. Equipment requirements; exemption from throwable personal
flotation devices.
This section would exempt recreational whitewater vessels
from having to carry an additional flotation cushion. This
would only apply to whitewater rafts and canoes that require
all occupants to wear flotation devices while underway and
would require the carriage of a throwable rescue rope.
Section 306. Ensuring maritime coverage.
This section would direct the Coast Guard to ensure
continuity of coverage for locations that are losing Coast
Guard assets during the recapitalization of vessels and
aircraft.
Section 307. Deadline for compliance with alternate safety compliance
program.
This section would delay the implementation of the
Alternate Safety Compliance Program to 3 years after the date
on which the Coast Guard promulgates the final rule.
Section 308. Fishing, fish tender, and fish processing vessel
certification.
This section would further define the meaning of ``built''
in section 4503 of title 46, United States Code, by explaining
the meaning of ``keel is laid.''
Section 309. Termination of unsafe operations; technical amendment.
This section would provide a technical change, fixing a
reference in section 4503 of title 46, United States Code.
Section 310. Installation and use of engine cut-off switches on
recreational vessel.
This section would require the mandatory use of factory
installed cut-off switches for recreational vessels. It would
only apply to vessels less than 26 feet, without a cabin, and
only when underway.
Section 311. Visual distress signals and alternative use.
This section would require the Coast Guard to develop a
performance standard for the alternative use and possession of
distress signals, including authorizing electronic position
indicating radio beacons and Personal Locating Beacons.
Section 312. Renewal period for documented recreational vessels.
This section would adjust the renewal period for
recreational vessels from 1 year to 5 years. This would only
affect recreational vessels certified by the Federal
Government.
Section 313. Exception from survival craft requirements.
This section would exempt certain fishing vessels that
already carry a secondary vessel from the requirement for
carrying an out-of-water survival craft. It would pertain
mostly to seining vessels that work with a small skiff while
fishing.
Section 314. Inland waterway and river tender, and bay class icebreaker
acquisition plan.
This section would require the Coast Guard to report to
Congress on its plan to replace its fleet of aging inland
waterway and river tenders, as well as the bay class
icebreakers. These tenders are used on our rivers for
maintenance of aids to navigation. The average tender is more
than 40 years old.
Section 315. Arctic planning criteria.
This section would require the Coast Guard to report to
Congress on the capabilities available in the Arctic to respond
to an oil spill. The report will include equipment and assets
available, as well as location and response times.
Section 316. Fishing safety grant program.
This section would extend the current Fishing Safety
Training and Fishing Safety Research grant programs at their
current funding levels until FY 2019.
Section 317. Safety standards.
This section would require the Coast Guard to conduct
dockside exams on certain fishing vessels every 2 years instead
of every 5 years, if requested by the owner or operator.
Section 318. Commercial fishing vessel safety outreach strategy.
This section would require the Coast Guard to submit to
Congress its plan for conducting outreach to the commercial
fishing vessel industry.
Title IV - Maritime Security
Section 401. Maritime border security cooperation.
This section would require the Secretary of the department
in which the Coast Guard is operating to enter into
partnerships with other Federal, State, and local government
agencies to leverage technology to improve monitoring of the
maritime border.
Section 402. Currency Detection Canine Team Program.
This section would authorize the Secretary of the
department in which the Coast Guard is operating to establish a
program to allow for the use of canines trained to detect
currency for purposes of maritime law enforcement. These canine
teams may also be included in underway vessel boardings. The
section would authorize the Secretary to cooperate with other
Federal agencies to meet this requirement.
Section 403. Confidential investigative expenses.
This section would amend section 658 of title 14, United
States Code, to increase the amount of funds available for
confidential investigative expenses from $45,000 to $250,000
per FY.
Section 404. Monitoring of illegal, unreported, and unregulated
fishing.
This section would authorize the Secretary of the
department in which the Coast Guard is operating to develop a 1
year pilot program to determine the impact of persistent
aircraft-based surveillance on illegal maritime activities in
the Alaskan and Western Pacific regions.
Section 405. Strategic assets in the Arctic.
This section would require the Commandant to submit a
report to Congress on the progress toward implementing the
strategic objectives described in the United States Coast Guard
Arctic Strategy. The report would include plans to provide
communication within the Arctic, plans to prevent marine
casualties, the feasibility of establishing vessel traffic
services, and an assessment of assets and infrastructure
necessary to meet the strategic objectives.
Section 406. Fleet requirements assessment and strategy.
This section would require the Commandant to consult with
stakeholders and submit to Congress an assessment of its at-sea
operational fleet requirements to support its 11 statutory
missions.
Section 407. Comptroller General report on certain task forces.
This section would require the Government Accountability
Office to conduct a review of Joint Interagency Task Force
(JIATF) West's effectiveness as compared to JIATF-South, as
well as assessing the effectiveness and redundancy of DHS's
three Joint Task Forces as compared to JIATF-South.
Title V - Miscellaneous
Section 501. Ship shoal lighthouse transfer; repeal.
This section would repeal section 27 of the Coast Guard
Authorization Act of 1991 (P.L. 102 241), which authorized the
Secretary of Transportation to transfer the rights, title, and
interest of the United States in the Ship Shoal Lighthouse to
the city of Berwick, Louisiana because the city has declined to
accept title to the lighthouse.
Section 502. Acquisition workforce expedited hiring authority.
This section would reinstate the Commandant's authority to
designate shortage category positions and hire highly qualified
persons to fill them. The section also would allow annuitants
receiving benefits from the Civil Service Retirement and
Disability Fund to elect to retain those benefits if hired by
the Commandant to fulfill a position designated in the shortage
category.
Section 503. Drawbridges.
This section would require the Secretary of the department
in which the Coast Guard is operating to issue a deviation
approval letter and publish a notice in the Federal Register if
a temporary change (less than 180 days) is made to the
drawbridge schedule. Additionally, the operator of the
drawbridge would be required to notify the public, law
enforcement, and State regulatory agencies of the temporary
change. Further, if a temporary change to the schedule is
denied, the reason for the denial must be provided. The
Secretary also would require drawbridge logs to be kept by
operators, and the Coast Guard would be allowed to inspect the
logs and determine whether efficiency adjustments are needed
for maritime and vehicular traffic.
Section 504. Incentive contract; Coast Guard yard and industrial
establishments.
This section would authorize commanding officers of the
Coast Guard Yard or a Coast Guard industrial establishment to
enter into an incentive order or cost-plus-incentive order with
wage-grade industrial employees whose performance has improved
during the term of a project order. This authority could only
be used with sufficient justification that such action will
benefit the Federal Government.
Section 505. Coast Guard health-care professionals; licensure
portability.
This section would expand the portability of medical
licenses for health-care professionals in the Coast Guard to
allow such professionals to operate in any of the States,
territories, or other possessions of the United States,
regardless of where the health-care professional is licensed.
Section 506. Land exchange; Ayakulik Island, Alaska.
This section would authorize the Secretary of the Interior
to enter into a land-exchange agreement, which would transfer
ownership of a tract of Federal land in Women's Bay Alaska to
private ownership, in exchange for the transfer of Ayakulik
Island to Federal control.
Section 507. Abandoned seafarers fund amendments.
This section would amend the Seafarers Fund by making the
funds available directly to the Secretary of the department in
which the Coast Guard is operating rather than needing an
annual appropriation, and would amend the reimbursement of the
fund to include a surcharge of 25 percent of the total amount
reimbursed.
Section 508. Small shipyard contracts.
This section would provide the Coast Guard the ability to
choose where alterations, conversions, and repairs of its
vessels will be conducted based on economic and military
considerations, and clarify that such decisions may not be
restricted by a particular type of shipyard or geographical
area.
Section 509. Western Challenger; certificate of documentation.
This section would allow the Secretary of the department in
which the Coast Guard is operating to issue a fisheries
endorsement in addition to a coastwise endorsement for the F/V
Western Challenger.
Section 510. Radar refresher training.
This section would eliminate the requirement for mariners
to complete refresher or recertification training to maintain a
radar observer endorsement.
Section 511. Vessel response plan audit.
This section would require an audit by the Comptroller
General of the United States on the Coast Guard's verification
and approval process for vessel response plans.
Section 512. Center of Expertise for Great Lakes Oil Spill Research and
Response.
This section would require the Coast Guard to establish a
Center of Expertise on fresh water oil spill near or on the
Great Lakes.
Title VI - Department of Commerce Vessels
Section 601. Waivers for certain contracts.
This section would provide the Secretary of Commerce with
the authority to waive bond requirements for the alteration,
repair, and construction of vessels used for purposes related
to ``An Act to define the functions and duties of the Coast and
Geodetic Survey, and for other purposes,'' approved on August
6,1947 (33 U.S.C. 883a et seq.). Current contracting practices
already ensure that the shipyards are financially sound and the
bonding requirements discourages many shipyards from bidding on
projects. The DoD, Department of Transportation, and the Coast
Guard already have the authority to waive the bond requirement.
Title VII - Federal Maritime Commission
Section 701. Short title; table of contents.
This section would provide a short title and a table of
contents.
Section 702. Authorization of appropriations.
This section would authorize appropriations for FY 2018 and
2019 for the FMC at $28.49 million, or $1 million above the
enacted level for FY 2017, and about $3.8 million above the
previously authorized level.
Section 703. Record of meetings and votes.
This section would allow for limited instances in which a
majority of FMC Commissioners can communicate without requiring
a full public meeting. This change is modeled on the authority
provided to the Surface Transportation Board in the Surface
Transportation Board Reauthorization Act of 2015 and proposed
authority for the Federal Communications Commission.
During such communications, no vote could be taken, the FMC
General Counsel would be required to be present, and only FMC
Commissioners or staff could attend. In addition, the FMC would
be required to disclose meeting topics and participants within
2 business days of the meeting, unless the discussion relates
to an ongoing proceeding, in which case the disclosure would be
made on the date of the final Commission decision. This section
also would require the FMC to provide a summary with as much
general information as possible on any sensitive matter
withheld from the public based on current law.
Section 704. Public participation.
This section would require that, not later than 7 days
after an agreement between ocean common carriers or marine
terminal operators is filed, the FMC must seek public comment
on the agreement filing. This change is intended to largely
conform to existing practice. This section also would clarify
the scope of the Commission's collection of information
authority during the review of such agreement filings.
Section 705. Preventing deceptive practices.
This section would prohibit unlicensed ocean transportation
intermediaries, such as freight forwarders, from soliciting or
advertising themselves as licensed ocean transportation
intermediaries. This change is broadly similar to the
requirements for brokers registered with the Federal Motor
Carriers Safety Administration. The change is intended to
address recent complaints of fraudulent or deceptive practices.
Section 706. Reports filed with the Commission.
This section would provide the FMC with the authority to
collect information from marine terminal operators in a manner
similar to its authority to collect information from common
carriers. This change is intended to address recent concerns
with the Commission's ability to secure such information from
marine terminal operators in enforcing the provisions of the
Shipping Act of 1984 and carrying out other functions of the
Commission.
Section 707. Transparency.
This section would require the FMC to submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives quarterly reports on its
unfinished regulatory proceedings. This section also would
specify the contents of those reports. This change is intended
to increase the transparency of the regulatory process at the
FMC.
Section 708. Treatment of tug operators.
This section would subject a group of two or more common
carriers to antitrust laws in their negotiations with tug
operators. This change is intended to treat negotiations
between common carriers and tug operators in a similar manner,
for the purposes of antitrust law, as the negotiations between
common carriers and truck, rail, or air operators.
Section 709. Prohibitions and penalties.
This section would prohibit a common carrier from knowingly
and willfully accepting cargo from, or transporting cargo for
the account of, a freight forwarder that does not have a bond,
insurance, or other surety required by law. This change is
intended to correct an inconsistency in which this practice was
already prohibited for non-vessel-operating common carriers,
but not for freight forwarders, despite the fact that both non-
vessel-operating common carriers and freight forwarders are
ocean transportation intermediaries that are required to have a
bond, insurance, or other surety under existing law.
Title VIII - The Vessel Incidental Discharge Act
This title would include the provisions, with minor
technical changes, of S. 168, the Commercial Vessel Incidental
Discharge Act, which was reported favorably by this Committee,
by voice vote, on January 24, 2017 (Senate Report 115 016).
Title IX - The National Oceanic and Atmospheric Administration
Commissioned Officer Corps Amendments and Hydrographic Services
Improvement Act Reauthorization and Amendments Act of 2017
Section 901. Short title.
This section would designate the short title of this bill
as the ``National Oceanic and Atmospheric Administration
Commissioned Officer Corps Amendments and Hydrographic Services
Improvements Act Reauthorization and Amendments Act of 2017.''
Section 902. References to the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002.
References for amendments or repeal would be considered to
be made to a section or provision of the NOAA Corps Act of
2002.
Subtitle A. General Provisions
Section 911. Strength and distribution in grade.
This section would establish the commissioned grades for
officers in the NOAA Corps, and authorizes the Secretary of
Commerce to determine the proportion of officers assigned to
ranks below Lieutenant Commander. This section would require
the Secretary to annually determine the number of officers
authorized for service in each grade, but would protect
officers from demotion, pay cuts, or separation from the
service as a result of the Secretary's determination.
Section 912. Recalled officers.
Occasionally, the NOAA Corps needs to recall officers from
retired status for temporary duty such as for disaster response
(e.g., Hurricane Katrina, Deepwater Horizon) or to serve on
personnel boards. It cannot do so if it is at authorized
strength, reducing its ability to have a ``surge'' capacity.
This section would require that, in determining the number
of officers in each grade, officers serving in positions of
importance and responsibility (33 U.S.C. 3028) and officers
recalled from retirement for temporary duty (for example,
during a disaster response), or officers detailed outside of
the Administration would not be counted in, or against, the
total number of authorized officers in the NOAA Corps.
Section 913. Obligated service requirement.
The NOAA Corps currently does not have any legislative
authority to bind officers to service by contract or
obligation. Theoretically, an officer could receive training
(costs up to $100,000, depending on type of training) and
resign from the NOAA Corps shortly thereafter. The other
Services require an obligated service for appointment,
training, promotion, etc. of officers to ensure they receive an
adequate return on investment in these categories.
This section would authorize the Secretary of Commerce to
bind NOAA Corps officers to an obligation of service. It also
would authorize the Secretary to seek reimbursement from
officers who do not meet their obligated service requirements,
and would characterize that as a debt owed to the United
States. This section would allow the Secretary to waive an
obligation of service requirement for an officer that is not
qualified for service.
Section 914. Training and physical fitness.
This section would authorize the Secretary of Commerce to
carry out training programs and to require officers to maintain
a state of physical fitness substantially equivalent to that
required for officers in the Coast Guard.
Section 915. Recruiting materials.
This section would authorize the use of advertising
materials for recruitment and retention (such as videos or
pamphlets) by the Secretary of Commerce.
Section 916. Technical correction.
This section would correct a definition of active-duty NOAA
Corps officers.
Subtitle B. Parity and Recruitment
Section 921. Education loans.
The NOAA Corps does not have the same education loan
repayment recruiting incentives as the other Services. This is
particularly an issue when trying to increase NOAA Corps
diversity--many other organizations use these types of
incentives to recruit minority students with a science and
engineering background.
This section would authorize the Secretary of Commerce to
create an education loan repayment program for certain
qualified NOAA Corps officers.
Section 922. Interest payments.
This section would authorize the Secretary of Commerce to
create an interest payment program for student loans of certain
active-duty NOAA Corps officers.
Section 923. Student pre-commissioning program.
This section would authorize the Secretary of Commerce to
provide financial assistance to support tuition and other
education-related costs of a currently-enrolled student if the
student agrees to serve for a certain number of years as a NOAA
Corps officer upon completion of his or her educational
program.
Section 924. Limitation on educational assistance.
This section would limit the total amount expended by the
Secretary of Commerce for educational assistance programs
(sections 201, 202, 203) for NOAA Corps officers to the amount
saved by the creation of the Officer Candidate rank (section
306).
Section 925. Applicability of certain provisions of title 10, United
States Code, and extension of certain authorities applicable to
members of the armed forces to commissioned officer corps.
This section would extend the following additional title 10
authorities to the NOAA Corps that include: (1) prohibition on
unauthorized wearing of a uniform; (2) rules regarding wearing
religious apparel in uniform; (3) exemption for serving on
certain juries; (4) administration of the oath; (5) benefits
and services for separated members; (6) family programs; (7)
notary service; (8) mental health resources; and (9)
educational assistance.
It also would give authority to allow the Secretary of
Commerce to accept certain voluntary services, such as the
implementation of an ombudsman program. Ombudsman programs are
intended to improve communication between the command and the
family members of service members within the command.
Section 926. Applicability of certain provisions of title 37, United
States Code.
This section would extend additional title 37 authorities
to the NOAA Corps as follows: (1) accession bonuses for
officers with critical skills; (2) housing allowances while on
field or sea duty and housing allowances for dependents of
deceased members; (3) personal spending allowances; (4)
recruiting expenses; and (5) funeral honors duty allowances.
Section 927. Legion of Merit award.
This section would amend 1121 of title 10, United States
Code, to allow the officers of the NOAA Corps to receive the
Legion of Merit Award.
Section 928. Prohibition of retaliatory personnel actions.
This section would amend section 1034 of title 10, United
States Code, to include members of the NOAA Corps in
whistleblower protections provided to members of the military.
Section 929. Penalties for wearing uniform without authority.
This section would amend section 702 of title 18, United
States Code, to include NOAA Corps officers in a provision that
makes it criminal to wear a uniform without authority.
Section 930. Application of certain provisions of competitive service
law.
This section would amend section 3304 of title 5, United
States Code, to allow former NOAA Corps officers to be eligible
for consideration to competitive service positions.
Section 931. Employment and reemployment rights.
This section would amend section 4303 of title 38, United
States Code, to extend the definition of uniformed services to
include NOAA Corps officers for the purposes of employment and
reemployment rights granted by chapter 43 of that title.
Section 932. Treatment of commission in commissioned officer corps for
purposes of certain hiring decisions.
This section would define that an officer who has served in
the commissioned officer corps for at least 3 years be deemed
in a career or career-conditional position. An officer would
therefore be qualified to apply for positions limited to
individuals currently employed within the Administration.
Section 933. Direct hire authority.
This section would allow for the direct hire of a NOAA
Corps officer, up to 5 years after leaving the service, into
the Federal workforce. To be considered, the officer would have
had to meet the service obligation defined in section 103 and
have been discharged under conditions other than dishonorable.
Subtitle C. Appointments and Promotion of Officers
Section 941. Appointments.
This section would allow for officers to be reappointed at
the same grade they held when they separated from the NOAA
Corps. It would allow officers to temporarily separate and
pursue personnel goals (like starting a family) or other
opportunities outside the service, while providing a mechanism
for their return to active duty.
This section would authorize officers to be commissioned
from the following sources: (1) officer training school; (2)
military service academies; and (3) licensed officers of the
merchant marine with at least 2 years of service on a U.S.
vessel.
Finally, this section would require the Secretary of
Commerce to coordinate with the Secretary of Defense and the
Secretary of the department in which the Coast Guard is
operating to promote inter-service transfers of officers and
would give preference to inter-service transfers in recruiting
new NOAA Corps officers, as appropriate.
Section 942. Personnel boards.
This section would specify that the membership of personnel
boards may include officers serving in or above the grade of
the officers under consideration by the board, and may include
recalled, retired officers.
The current law does not allow retired or active officers
below the pay grade of commander to serve on personnel boards,
and makes it very difficult to form personnel boards, due to
the NOAA Corps' inherent small size. This would help to ensure
the diversity of the boards.
Section 943. Delegation of authority.
This section would require the President to delegate
authority for appointments and promotions to the Deputy
Secretary of Commerce or NOAA Administrator for periods when
the position of Secretary of Commerce is vacant.
Section 944. Assistant Administrator of the Office of the Marine and
Aviation Operations.
This section would require that the position of the
Director for the Office of Marine and Aviation Operations carry
the title of Assistant Administrator to be consistent with the
other NOAA line offices. The Office of Marine and Aviation
Operations is responsible for the oversight of the vessel and
aircraft fleets and for the administration of the commissioned
officer corps.
Section 945. Temporary appointments.
This section would establish a mechanism for junior
officers to be temporarily appointed by the President alone.
Section 946. Officer candidates.
This section would authorize the Secretary of Commerce to
create an officer candidate rank for individuals who are in
training before receiving their commission.
Currently, officers entering the NOAA Corps for initial
training are directly commissioned as officers (Ensigns) on
their first day. All other services have a period where the
individual is an ``officer candidate'' before receiving a
commission. This section would give NOAA the authority to
create an ``officer candidate'' rank, with reduced pay. This
would result in savings of approximately $115,000 annually,
which could be used to pay for officer precommissioning and
education programs established elsewhere in this bill.
Section 947. Procurement of personnel.
This section would authorize the Secretary of Commerce to
make expenditures in order to recruit NOAA Corps officers.
Subtitle D. Separation and Retirement of Officers
Section 951. Involuntary retirement or separation.
This section would enable deferral of involuntary
retirement or separation due to medical conditions for officers
of any rank. Currently, the NOAA Corps can defer involuntary
separation of Lieutenant Commanders and below, but it cannot
for Commanders and Captains.
Section 952. Separation pay.
This section would clarify that separation pay may not be
paid to an officer discharged after two missed promotion
opportunities if he or she is not genuinely seeking a
promotion.
Subtitle E. Hydrographic Services and Other Matters
Section 961. Reauthorization of Hydrographic Services Improvement Act
of 1998.
This section would reauthorize the Hydrographic Services
Improvement Act of 1998 through FY 2021. The bill would use $5
million and $2 million of the authorized appropriations for
Arctic hydrographic surveys and continental shelf delineation,
respectively. It would limit administrative expenses associated
with contract management to not more than 5 percent.
Section 962. System for tracking and reporting all-inclusive cost of
hydrographic surveys.
This section would require the Secretary of Commerce within
1 year after enactment to develop and implement a system to
track and report the full cost of hydrographic data collection,
to include costs relating to vessel acquisition, vessel repair,
and administration of contacts to procure data.
Section 963. Homeport of certain research vessels.
This section would allow the Secretary of Commerce to
accept non-Federal funds for the purpose of cost estimates,
designs, and permits necessary for construction to support NOAA
vessels in Ketchikan, Alaska and St. Petersburg, Florida; and
would require NOAA to complete strategic plans for such within
the 180 days.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III. EMPLOYEES
SUBPART B. EMPLOYMENT AND RETENTION
CHAPTER 33. EXAMINATION, SELECTION, AND PLACEMENT
SUBCHAPTER I. EXAMINATION, CERTIFICATION, AND APPOINTMENT
Sec. 3304. Competitive service; examinations
* * * * * * *
(f)(1) Preference eligibles or veterans who have been
separated from the armed forces and members of the commissioned
officer corps of the National Oceanic and Atmospheric
Administration (or its predecessor organization the Coast and
Geodetic Survey) separated from such uniformed service under
honorable conditions after 3 years or more of active service
may not be denied the opportunity to compete for vacant
positions for which the agency making the announcement will
accept applications from individuals outside its own workforce
under merit promotion procedures.
(2) If selected, a preference eligible [or veteran],
veteran, or member described in paragraph (1) shall
receive a career or career-conditional appointment, as
appropriate.
(3) This subsection shall not be construed to confer
an entitlement to veterans' preference that is not
otherwise required by law.
(4) The area of consideration for all merit promotion
announcements which include consideration of
individuals of the Federal workforce shall indicate
that preference eligibles and veterans who have been
separated from the armed forces and members of the
commissioned officer corps of the National Oceanic and
Atmospheric Administration (or its predecessor
organization the Coast and Geodetic Survey) separated
from such uniformed service under honorable conditions
after 3 years or more of active service are eligible to
apply. The announcements shall be publicized in
accordance with section 3327.
(5) The Office of Personnel Management shall
prescribe regulations necessary for the administration
of this subsection. The regulations shall ensure that
an individual who has completed an initial tour of
active duty is not excluded from the application of
this subsection because of having been released from
such tour of duty shortly before completing 3 years of
active service, having been honorably released from
such duty.
TITLE 10. ARMED FORCES
SUBTITLE A. GENERAL MILITARY LAW
PART II. PERSONNEL
CHAPTER 53. MISCELLANEOUS RIGHTS AND BENEFITS
Sec. 1044a. Authority to act as notary
(a) The persons named in subsection (b) have the general
powers of a notary public and of a consul of the United States
in the performance of all notarial acts to be executed by any
of the following:
(1) Members of any of the [armed forces] uniformed
services.
(2) Other persons eligible for legal assistance under
the provisions of section 1044 of this title or
regulations of the Department of Defense.
(3) Persons serving with, employed by, or
accompanying the armed forces outside the United States
and outside the Commonwealth of Puerto Rico, Guam, and
the Virgin Islands.
(4) Other persons subject to the Uniform Code of
Military Justice (chapter 47 of this title) outside the
United States.
(b) Persons with the powers described in subsection (a) are
the following:
(1) All judge advocates, including reserve judge
advocates when not in a duty status.
(2) All civilian attorneys serving as legal
assistance attorneys.
(3) All adjutants, assistant adjutants, and personnel
adjutants, including reserve members when not in a duty
status.
(4) All other members of the [armed forces]
uniformed services, including reserve members when not
in a duty status, who are designated by regulations of
the [armed forces] uniformed services or by statute to
have those powers.
(5) For the performance of notarial acts at locations
outside the United States, all employees of a military
department or the Coast Guard who are designated by
regulations of the Secretary concerned or by statute to
have those powers for exercise outside the United
States.
(c) No fee may be paid to or received by any person for the
performance of a notarial act authorized in this section.
(d) The signature of any such person acting as notary,
together with the title of that person's offices, is prima
facie evidence that the signature is genuine, that the person
holds the designated title, and that the person is authorized
to perform a notarial act.
Sec. 1121. Legion of Merit: award
The President, under regulations to be prescribed by him, may
award a decoration called the ``Legion of Merit'', having
suitable appurtenances and devices and not more than four
degrees, to any member of the [armed forces] uniformed services
of the United States or of any friendly foreign nation who,
after September 8, 1939, has distinguished himself by
exceptionally meritorious conduct in performing outstanding
services.
Sec. 1588. Authority to accept certain voluntary services
(a) Authority to Accept Services.--Subject to subsection (b)
and notwithstanding section 1342 of title 31, the Secretary
concerned may accept from any person the following services:
(1) Voluntary medical services, dental services,
nursing services, or other health-care related
services.
(2) Voluntary services to be provided for a museum or
a natural resources program.
(3) Voluntary services to be provided for programs
providing services to members of the [armed forces]
uniformed services and the families of such members,
including the following programs:
(A) Family support programs.
(B) Child development and youth services
programs.
(C) Library and education programs.
(D) Religious programs.
(E) Housing referral programs.
(F) Programs providing employment assistance
to spouses of such members.
(G) Morale, welfare, and recreation programs,
to the extent not covered by another
subparagraph of this paragraph.
(4) Voluntary services as a member of a funeral
honors detail under section 1491 of this title.
(5) Legal services voluntarily provided as legal
assistance under section 1044 of this title.
(6) Voluntary services as a proctor for
administration to secondary school students of the test
known as the ``Armed Services Vocational Aptitude
Battery''.
(7) Voluntary translation or interpretation services
offered with respect to a foreign language by a person
(A) who is registered for such foreign language on the
National Foreign Language Skills Registry under section
1596b of this title, or (B) who otherwise is approved
to provide voluntary translation or interpretation
services for national security purposes, as determined
by the Secretary of Defense.
(8) Voluntary services to support programs of a
committee of the Employer Support of the Guard and
Reserve as authorized by the Secretary of Defense.
(9) Voluntary services to facilitate accounting for
missing persons.
(10) Voluntary legal support services provided by law
students through internship and externship programs
approved by the Secretary concerned.
* * * * * * *
(g) Secretary Concerned for Acceptance of Services for
Programs Serving Members of NOAA Corps and Their Families.--For
purposes of the acceptance of services described in subsection
(a)(3), the term ``Secretary concerned'' in subsection (a)
shall include the Secretary of Commerce with respect to members
of the commissioned officer corps of the National Oceanic and
Atmospheric Administration.
Sec. 2153. Capstone course: newly selected general and flag officers
(a) Requirement.--Each officer selected for promotion to the
grade of brigadier general or, in the case of the Navy or the
commissioned officer corps of the National Oceanic and
Atmospheric Administration, rear admiral (lower half) shall be
required, after such selection, to attend a military education
course designed specifically to prepare new general and flag
officers to work with the [other armed forces] other uniformed
services.
(b) Waiver Authority.--
(1) Subject to paragraph (2), the Secretary of
Defense or the Secretary of Commerce, as applicable,
may waive subsection (a)--
(A) in the case of an officer whose
immediately previous assignment was in a joint
duty assignment and who is thoroughly familiar
with joint matters;
(B) when necessary for the good of the
service;
(C) in the case of an officer whose proposed
selection for promotion is based primarily upon
scientific and technical qualifications for
which joint requirements do not exist (as
determined under regulations prescribed under
section 619(e)(4) of this title); and
(D) in the case of a medical officer, dental
officer, veterinary officer, medical service
officer, nurse, biomedical science officer, or
chaplain.
(2) The authority of the Secretary of Defense to
grant a waiver under paragraph (1) may only be
delegated to the Deputy Secretary of Defense, an Under
Secretary of Defense, or an Assistant Secretary of
Defense. Such a waiver may be granted only on a case-
by-case basis in the case of an individual officer.
TITLE 14. COAST GUARD
PART I. REGULAR COAST GUARD
CHAPTER 1. ESTABLISHMENT AND DUTIES
Sec. 2. Primary duties
The Coast Guard shall--
(1) enforce or assist in the enforcement of all
applicable Federal laws on, under, and over the high
seas and waters subject to the jurisdiction of the
United States;
(2) engage in maritime air surveillance or
interdiction to enforce or assist in the enforcement of
the laws of the United States;
(3) administer laws and promulgate and enforce
regulations for the promotion of safety of life and
property on and under the high seas and waters subject
to the jurisdiction of the United States, covering all
matters not specifically delegated by law to some other
executive department;
(4) develop, establish, maintain, and operate, with
due regard to the requirements of national defense,
aids to maritime navigation, icebreaking facilities,
and rescue facilities for the promotion of safety on,
under, and over the high seas and waters subject to the
jurisdiction of the United States;
(5) pursuant to international agreements, develop,
establish, maintain, and operate icebreaking facilities
on, under, and over waters other than the high seas and
waters subject to the jurisdiction of the United
States;
(6) engage in oceanographic research of the high seas
and in waters subject to the jurisdiction of the United
States; and
(7) maintain a state of readiness to function as a
specialized service in the Navy in time of war,
[including the fulfillment of Maritime Defense Zone
command responsibilities] and at all times assist in
the defense of the United States.
TITLE 14. COAST GUARD
PART I. REGULAR COAST GUARD
CHAPTER 5. FUNCTIONS AND POWERS
Sec. 98. National coast guard museum
(a) Establishment.--The Commandant may establish a National
Coast Guard Museum, on lands which will be Federally owned and
administered by the Coast Guard, and are located in New London,
Connecticut, at, or in close proximity to, the Coast Guard
Academy.
[(b) Limitation on Expenditures.--
[(1) Except as provided in paragraph (2), the
Secretary shall not expend any funds appropriated to
the Coast Guard on the engineering, design, or
construction of any museum established under this
section.
[(2) The Secretary shall fund the operation and
maintenance of the National Coast Guard Museum with
nonappropriated and non-Federal funds to the maximum
extent practicable. The priority use of Federal
operation and maintenance funds should be to preserve
and protect historic Coast Guard artifacts, including
the design, fabrication, and installation of exhibits
or displays in which such artifacts are included.]
(b) Expenditures.--The Secretary shall fund the operation and
maintenance of the National Coast Guard Museum with
nonappropriated and non-Federal funds to the maximum extent
practicable. The priority use of Federal operation and
maintenance funds should be to preserve and protect historic
Coast Guard artifacts, including the design, fabrication, and
installation of exhibits or displays in which such artifacts
are included.
(c) Funding Plan.--Before the date on which the Commandant
establishes a museum under subsection (a), the Commandant shall
provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a plan for constructing, operating, and
maintaining such a museum, including--
(1) estimated planning, engineering, design,
construction, operation, and maintenance costs;
(2) the extent to which appropriated,
nonappropriated, and non-Federal funds will be used for
such purposes, including the extent to which there is
any shortfall in funding for engineering, design, or
construction; and
(3) a certification by the Inspector General of the
department in which the Coast Guard is operating that
the estimates provided pursuant to paragraphs (1) and
(2) are reasonable and realistic.
(d) Authority.--The Commandant may not establish a Coast
Guard museum except as set forth in this section.
TITLE 14. COAST GUARD
PART I. REGULAR COAST GUARD
CHAPTER 7. COOPERATION WITH OTHER AGENCIES
Sec. 141a. Training; emergency response providers
(a) In General.--The Commandant (or the Commandant's
designee) may, on a reimbursable or a nonreimbursable basis,
make training available to public safety personnel whenever the
Commandant (or the Commandant's designee) determines that--
(1) a member of the Coast Guard, who was scheduled to
participate in such training, is unable or unavailable
to participate in such training;
(2) no other member of the Coast Guard, who is
assigned to the unit to which the member of the Coast
Guard described in paragraph (1), is able or available
to participate in such training; and
(3) such training, if made available to public safety
personnel, would further the goal of interoperability
among Federal agencies, non-Federal governmental
agencies, or both.
(b) Definition of Emergency Response Provider.--In this
section, the term ``emergency response provider'' has the
meaning given the term in section 101 of title 6.
(c) Treatment of Reimbursement.--Any reimbursement for
training that the Coast Guard receives under this section shall
be credited to the appropriation used to pay the costs for such
training.
(d) Status; Limitation on Liability.--
(1) Status.--Any individual to whom, as an emergency
response provider, training is made available under
this section shall not be considered a Federal employee
for any purpose, including the purposes of--
(A) chapter 81 of title 5 (relating to
compensation for injury); or
(B) sections 2671 through 2680 of title 28
(relating to tort claims).
(2) Limitation on liability.--The individual
described in paragraph (1) or that individual's
employer shall be liable for any claim arising out of
such training.
TITLE 14. COAST GUARD
PART I. REGULAR COAST GUARD
CHAPTER 11. PERSONNEL OFFICERS
B. SELECTION FOR PROMOTION
Sec. 256. Promotion zones
(a) Before convening a selection board to recommend officers
for promotion to any grade above lieutenant (junior grade) and
below rear admiral (lower half), the Secretary shall establish
a promotion zone for the grade to be considered. The promotion
zone for each grade shall consist of the most senior officers
of that grade on the active duty promotion list who are
eligible for consideration for promotion to the next higher
grade and who have not previously been placed in a promotion
zone for selection for promotion to the next higher grade. The
number of officers in each zone shall be determined after
considering--
(1) the needs of the service;
(2) the estimated numbers of vacancies available in
future years to provide comparable opportunity for
promotion of officers in successive year groups; and
(3) the extent to which current terms of service in
that grade conform to a desirable career promotion
pattern.
However, such number of officers shall not exceed the
number to be selected for promotion divided by [six-
tenths] one-half.
(b) Promotion zones from which officers will be selected for
promotion to the grade of rear admiral (lower half) shall be
established by the Secretary as the needs of the service
require.
TITLE 14. COAST GUARD
PART I. REGULAR COAST GUARD
CHAPTER 11. PERSONNEL OFFICERS
D. DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS
Sec. 291. Voluntary retirement after twenty years' service
(a) In General.--Any regular commissioned officer of the
Coast Guard who has completed twenty years' active service in
the Coast Guard, Navy, Army, Air Force, or Marine Corps, or the
Reserve components thereof, including active duty for training,
at least ten years of which shall have been active commissioned
service, may, upon his own application, in the discretion of
the [President] Secretary, be retired from active service.
(b) Active Commissioned Service.--The Secretary may authorize
the Commandant, through fiscal year 2019, to reduce the
requirement under subsection (a) for at least ten years of
active service as a commissioned officer to a period of not
less than eight years.
TITLE 14. COAST GUARD
PART I. REGULAR COAST GUARD
CHAPTER 11. PERSONNEL ENLISTED MEMBERS
Sec. 373. Aviation cadets; appointment as Reserve officers
(a) An aviation cadet designated under section 371 who
fulfills the eligibility requirements of section 2003 of title
10 for designation as a naval aviator may be appointed as
ensign in the Coast Guard Reserve and designated a Coast Guard
aviator.
(b) Aviation cadets who complete their training at
approximately the same time are considered for all purposes to
have begun their commissioned service on the same date, and the
decision of the Secretary in this regard is conclusive.
TITLE 14. COAST GUARD
PART I. REGULAR COAST GUARD
CHAPTER 11. PERSONNEL GENERAL PROVISIONS
Sec. 424b. Retired pay; amounts for payments in connection with
modernized retirement system
Of the amounts appropriated for retirement pay under this
chapter in any fiscal year, the Secretary may use such sums as
are necessary for the following purposes (in addition to other
amounts that may be available for such purposes) as such
purposes relate to a member:
(1) Lump sum payment of certain retired pay under
section 1415 of title 10.
(2) Thrift Savings Plan contributions under section
8440e(e) of title 5.
(3) Continuation pay under section 356 of title 37.
Sec. 431. Leave policies for the Coast Guard
[Not later than 1 year]
(a) In General.--Except as provided in subsection (b), not
later than 1 year after the date on which the Secretary of the
Navy promulgates a new rule, policy, or memorandum pursuant to
section 704 of title 10, United States Code, with respect to
leave associated with the birth or adoption of a child, the
Secretary of the department in which the Coast Guard is
operating shall promulgate a similar rule, policy, or
memorandum that provides leave to officers and enlisted members
of the Coast Guard that is equal in duration and compensation
to that provided by the Secretary of the Navy.
(b) Leave Associated With the Birth or Adoption of a Child.--
Notwithstanding section 701 of title 10 or any other provision
of law, the Secretary of the department in which the Coast
Guard is operating shall ensure that any rule, policy, or
memorandum that provides leave associated with the birth or
adoption of a child to an officer or enlisted member of the
Coast Guard permits, for not later than 1 year after the date
of such birth or adoption and at the discretion of the
Commanding Officer--
(1) the officer or member, as applicable, to take
such leave in increments; and
(2) flexible work schedules (as defined in regulation
promulgated by the Secretary) for the officer or
member, as applicable, until all such leave is
expended.
TITLE 14. COAST GUARD
PART I. REGULAR COAST GUARD
CHAPTER 13. PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS
[Sec. 482. Clothing at time of discharge for good of service
[Enlisted members discharged for bad conduct, undesirability,
unsuitability, or inaptitude may be furnished civilian
clothing, including an overcoat when necessary, the cost of
such furnished clothing not to exceed $30, per person.]
TITLE 14. COAST GUARD
PART I. REGULAR COAST GUARD
CHAPTER 15. ACQUISITIONS
SUBCHAPTER I. GENERAL PROVISIONS
Sec. 563a. Acquisition workforce expedited hiring authority
For purposes of section 3304 of title 5, the Commandant of
the Coast Guard may--
(1) designate any category of acquisition positions
within the Coast Guard as shortage category positions;
and
(2) use the authorities in such section to recruit
and appoint highly qualified persons directly to
positions so designated.
Sec. 563b. Acquisition workforce reemployment authority
(a) In General.--Except as provided in subsection (b), if an
annuitant receiving an annuity from the Civil Service
Retirement and Disability Fund becomes employed in any category
of acquisition positions designated by the Commandant of the
Coast Guard under section 563a of this title, the annuity of an
annuitant so employed shall continue. An annuitant so
reemployed shall not be considered an employee for purposes of
subchapter III of chapter 83 or chapter 84 of title 5.
(b)(1) Election.--An annuitant retired under section
8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity
from the Civil Service Retirement and Disability Fund, who
becomes employed in a position within the Coast Guard after the
date of enactment of the Coast Guard Authorization Act of 2017,
may elect to be subject to section 8344 or 8468 of such title
(as the case may be).
(A) Deadline.--An election for coverage under
this subsection shall be filed not later than
90 days after the Commandant takes reasonable
actions to notify employees who may file an
election.
(B) Coverage.--If an employee files an
election under this subsection, coverage shall
be effective beginning on the first day of the
first applicable pay period beginning on or
after the date of the filing of the election.
(2) Application.--Paragraph (1) shall apply to an
individual who is eligible to file an election under
paragraph (1) and does not file a timely election under
this subsection.
TITLE 14. COAST GUARD
PART I. REGULAR COAST GUARD
CHAPTER 17. ADMINISTRATION
Sec. 658. Confidential investigative expenses
Not more than [$45,000] $250,000 each fiscal year
appropriated for necessary expenses for the operation of the
Coast Guard shall be available for investigative expenses of a
confidential character, to be expended on the approval or
authority of the Commandant and payment to be made on his
certificate of necessity for confidential purposes, and his
determination shall be final and conclusive upon the accounting
officers of the Government.
Sec. 667a. Construction of Coast Guard vessels and assignment of vessel
projects
The assignment of Coast Guard vessel conversion, alteration,
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 requirement.
Sec. 678. Aircraft and vessel accident investigations
(a) In General.--Whenever the Commandant of the Coast Guard
conducts an accident investigation of an accident involving an
aircraft or vessel under the jurisdiction of the Commandant,
the records and report of the investigation shall be treated in
accordance with this section.
(b) Public Disclosure of Certain Accident Investigation
Information.--
(1) In general.--Subject to paragraph (2), the
Commandant, upon request, shall publicly disclose
unclassified tapes, scientific reports, and other
factual information pertinent to an aircraft or vessel
accident investigation.
(2) Conditions.--The Commandant shall only disclose
information requested pursuant to paragraph (1) if the
Commandant determines--
(A) that such tapes, reports, or other
information would be included within and
releasable with the final accident
investigation report; and
(B) that release of such tapes, reports, or
other information--
(i) would not undermine the ability
of accident or safety investigators to
continue to conduct the investigation;
and
(ii) would not compromise national
security.
(3) Restriction.--A disclosure under paragraph (1)
may not be made by or through officials with
responsibility for, or who are conducting, a safety
investigation with respect to the accident.
(c) Opinions Regarding Causation of Accident.--Following an
aircraft or vessel accident referred to in subsection (a)--
(1) if the evidence surrounding the accident is
sufficient for the investigators who conduct the
accident investigation to come to an opinion as to the
cause or causes of the accident, the final report of
the accident investigation shall set forth the opinion
of the investigators as to the cause or causes of the
accident; and
(2) if the evidence surrounding the accident is not
sufficient for the investigators to come to an opinion
as to the cause or causes of the accident, the final
report of the accident investigation shall include a
description of those factors, if any, that, in the
opinion of the investigators, substantially contributed
to or caused the accident.
(d) Use of Information in Civil or Criminal Proceedings.--For
purposes of any civil or criminal proceeding arising from an
aircraft or vessel accident referred to in subsection (a), any
opinion of the accident investigators as to the cause of, or
the factors contributing to, the accident set forth in the
accident investigation report may not be considered as evidence
in such proceeding, nor may such report be considered an
admission of liability by the United States or by any person
referred to in such report.
(e) Definitions.--For purposes of this section--
(1) the term ``accident investigation'' means any
form of investigation by Coast Guard personnel of an
aircraft or vessel accident referred to in subsection
(a), other than a safety investigation; and
(2) the term ``safety investigation'' means an
investigation by Coast Guard personnel of an aircraft
or vessel accident referred to in subsection (a) that
is conducted solely to determine the cause of the
accident and to obtain information that may prevent the
occurrence of similar accidents.
TITLE 14. COAST GUARD
PART III. COAST GUARD AUTHORIZATIONS AND REPORTS TO CONGRESS
CHAPTER 27. AUTHORIZATIONS
[Sec. 2702. Authorization of appropriations
[Funds are authorized to be appropriated for each of fiscal
years 2016 and 2017 for necessary expenses of the Coast Guard
as follows:
[(1) For the operation and maintenance of the Coast
Guard, not otherwise provided for--
[(A) $6,981,036,000 for fiscal year 2016; and
[(B) $6,986,815,000 for fiscal year 2017.
[(2) For the acquisition, construction, renovation,
and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto, and for maintenance, rehabilitation,
lease, and operation of facilities and equipment--
[(A) $1,945,000,000 for fiscal year 2016; and
[(B) $1,945,000,000 for fiscal year 2017.
[(3) For the Coast Guard Reserve program, including
operations and maintenance of the program, personnel
and training costs, equipment, and services--
[(A) $140,016,000 for fiscal year 2016; and
[(B) $134,237,000 for fiscal year 2017.
[(4) For the environmental compliance and restoration
functions of the Coast Guard under chapter 19 of this
title--
[(A) $16,701,000 for fiscal year 2016; and
[(B) $16,701,000 for fiscal year 2017.
[(5) To the Commandant of the Coast Guard for
research, development, test, and evaluation of
technologies, materials, and human factors directly
related to improving the performance of the Coast
Guard's mission with respect to search and rescue, aids
to navigation, marine safety, marine environmental
protection, enforcement of laws and treaties, ice
operations, oceanographic research, and defense
readiness, and for maintenance, rehabilitation, lease,
and operation of facilities and equipment--
[(A) $19,890,000 for fiscal year 2016; and
[(B) $19,890,000 for fiscal year 2017.]
Sec. 2702. Authorization of appropriations
Funds are authorized to be appropriated for each of fiscal
years 2018 and 2019 for necessary expenses of the Coast Guard
as follows:
(1) For the operation and maintenance of the Coast
Guard, not otherwise provided for--
(A) $7,300,000,000 for fiscal year 2018; and
(B) $7,592,000,000 for fiscal year 2019.
(2) For the acquisition, construction, renovation,
and improvement of aids to navigation, shore and
offshore facilities, vessels, and aircraft, including
equipment related thereto, and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment--
(A) $1,985,845,000 for fiscal year 2018, to
remain available through September 30, 2022;
and
(B) $2,027,547,745 for fiscal year 2019, to
remain available through September 30, 2023.
(3) For the Coast Guard Reserve program, including
operations and maintenance of the program, personnel
and training costs, equipment, and services--
(A) $142,956,336 for fiscal year 2018; and
(B) $145,958,419 for fiscal year 2019.
(4) For the environmental compliance and restoration
of the Coast Guard under chapter 19 of this title--
(A) $17,051,721 for fiscal year 2018, to
remain available through September 30, 2022;
and
(B) $17,409,807 for fiscal year 2019, to
remain available through September 20, 2023.
(5) To the Commandant of the Coast Guard for
research, development, test, and evaluation of
technologies, materials, and human factors directly
related to improving the performance of the Coast
Guard's mission with respect to search and rescue, aids
to navigation, marine safety, marine environmental
protection, enforcement of laws and treaties, ice
operations, oceanographic research, and defense
readiness, and for maintenance, rehabilitation, lease,
and operation of facilities and equipment--
(A) $20,307,690 for fiscal year 2018; and
(B) $20,734,151 for fiscal year 2019.
[Sec. 2704. Authorized levels of military strength and training
[(a) Active Duty Strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 43,000 for
each of fiscal years 2016 and 2017.
[(b) Military Training Student Loads.--The Coast Guard is
authorized average military training student loads for each of
fiscal years 2016 and 2017 as follows:
[(1) For recruit and special training, 2,500 student
years.
[(2) For flight training, 165 student years.
[(3) For professional training in military and
civilian institutions, 350 student years.
[(4) For officer acquisition, 1,200 student years.]
Sec. 2704. Authorized levels of military strength and training
(a) Active Duty Strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 43,000 for
each of fiscal years 2018 and 2019.
(b) Military Training Student Loads.--The Coast Guard is
authorized average military training student loads for each of
fiscal years 2018 and 2019 as follows:
(1) For recruit and special training, 2,500 student
years.
(2) For flight training, 165 student years.
(3) For professional training in military and
civilian institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART I. CRIMES
CHAPTER 33. EMBLEMS, INSIGNIA, AND NAMES
Sec. 702. Uniform of armed forces and Public Health Service
Whoever, in any place within the jurisdiction of the United
States or in the Canal Zone, without authority, wears the
uniform or a distinctive part thereof or anything similar to a
distinctive part of the uniform of any of the armed forces of
the United States, Public Health [Service or any] Service, the
commissioned officer corps of the National Oceanic and
Atmospheric Administration, or any auxiliary of such, shall be
fined under this title or imprisoned not more than six months,
or both.
TITLE 37. PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 3. BASIC PAY
Sec. 203. Rates
* * * * * * *
(f)(1) An officer candidate enrolled in the basic officer
training program of the commissioned officer corps of the
National Oceanic and Atmospheric Administration is entitled,
while participating in such program, to monthly officer
candidate pay at monthly rate equal to the basic pay of an
enlisted member in the pay grade E-5 with less than 2 years
service.
(2) An individual who graduates from such program shall
receive credit for the time spent participating in such program
as if such time were time served while on active duty as a
commissioned officer. If the individual does not graduate from
such program, such time shall not be considered creditable for
active duty or pay.
CHAPTER 7. ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES
Sec. 414. Personal money allowance
(a) Allowance for Officers Serving in Certain Ranks or
Positions.--In addition to other pay or allowances authorized
by this title, an officer who is entitled to basic pay is
entitled to a personal money allowance of--
(1) $500 a year, while serving in the grade of
lieutenant general or vice admiral, or in an equivalent
grade or rank;
(2) $1,200 a year, in place of any other personal
money allowance authorized by this section, while
serving as Surgeon General of the Public Health Service
or the director of the commissioned officer corps of
the National Oceanic and Atmospheric Administration;
(3) $2,200 a year, in addition to the personal money
allowance authorized by clause (1), while serving as a
senior member of the Military Staff Committee of the
United Nations;
(4) $2,200 a year, while serving in the grade of
general or admiral, or in an equivalent grade or rank;
or
(5) $4,000 a year, in place of any other personal
money allowance authorized by this section, while
serving as Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant
of the Marine Corps, Commandant of the Coast Guard, or
Chief of the National Guard Bureau.
(b) Allowance for Certain Naval Officers.--In addition to
other pay or allowances authorized by law, an officer who is
serving in one of the following positions is entitled to the
amount set forth for that position, to be paid annually out of
naval appropriations for pay, and to be spent in his discretion
for the contingencies of his position--
(1) President of the Naval Postgraduate School-$400;
(2) Commandant of Midshipmen at the Naval Academy-
$800;
(3) President of the Naval War College-$1,000;
(4) Superintendent of the Naval Academy-$5,200; and
(5) Director of Naval Intelligence-$5,200.
(c) Allowance for Senior Enlisted Members.--In addition to
other pay or allowances authorized by this title, a
noncommissioned officer is entitled to a personal money
allowance of $2,000 a year while serving as the Sergeant Major
of the Army, the Master Chief Petty Officer of the Navy, the
Chief Master Sergeant of the Air Force, the Sergeant Major of
the Marine Corps, the Master Chief Petty Officer of the Coast
Guard, the Senior Enlisted Advisor to the Chairman of the Joint
Chiefs of Staff, or the Senior Enlisted Advisor to the Chief of
the National Guard Bureau.
TITLE 38. VETERANS' BENEFITS
PART I. GENERAL PROVISIONS
CHAPTER 1. GENERAL
Sec. 101. Definitions
* * * * * * *
(21) The term ``active duty'' means--
(A) full-time duty in the Armed Forces, other
than active duty for training;
(B) full-time duty (other than for training
purposes) as a commissioned officer of the
Regular or Reserve Corps of the Public Health
Service (i) on or after July 29, 1945, or (ii)
before that date under circumstances affording
entitlement to ``full military benefits'' or
(iii) at any time, for the purposes of chapter
13 of this title;
(C) full-time duty as a commissioned officer
in the commissioned officer corps of the
National Oceanic and Atmospheric Administration
or its predecessor organization the Coast and
Geodetic Survey (i) on or after July 29, 1945,
or (ii) before that date (I) while on transfer
to one of the Armed Forces, or (II) while, in
time of war or national emergency declared by
the President, assigned to duty on a project
for one of the Armed Forces in an area
determined by the Secretary of Defense to be of
immediate military hazard, or (III) in the
Philippine Islands on December 7, 1941, and
continuously in such islands thereafter, or
(iii) at any time, for the purposes of chapter
13 of this title;
(D) service as a cadet at the United States
Military, Air Force, or Coast Guard Academy, or
as a midshipman at the United States Naval
Academy; and
(E) authorized travel to or from such duty or
service.
Sec. 4303. Definitions
For the purposes of this chapter--
* * * * * * *
(16) The term ``uniformed services'' means the Armed
Forces, the Army National Guard and the Air National
Guard when engaged in active duty for training,
inactive duty training, or full-time National Guard
duty, the commissioned corps of the Public Health
Service, the commissioned officer corps of the National
Oceanic and Atmospheric Administration, System members
of the National Urban Search and Rescue Response System
during a period of appointment into Federal service
under section 327 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, and any other
category of persons designated by the President in time
of war or national emergency.
TITLE 40. PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE II. PUBLIC BUILDINGS AND WORKS
PART A. GENERAL
CHAPTER 31. GENERAL
SUBCHAPTER III. BONDS
Sec. 3134. Waivers for certain contracts
(a) Military.--The Secretary of the Army, the Secretary of
the Navy, the Secretary of the Air Force, Secretary of Homeland
Security, or the Secretary of Transportation may waive this
subchapter with respect to cost-plus-a-fixed fee and other
cost-type contracts for the construction, alteration, or repair
of any public building or public work of the Federal Government
and with respect to contracts for manufacturing, producing,
furnishing, constructing, altering, repairing, processing, or
assembling vessels, aircraft, munitions, materiel, or supplies
for the Army, Navy, Air Force, Secretary of Homeland Security,
or Coast Guard, respectively, regardless of the terms of the
contracts as to payment or title.
(b) Transportation.--The Secretary of Transportation may
waive this subchapter with respect to contracts for the
construction, alteration, or repair of vessels when the
contract is made under sections 1535 and 1536 of title 31,
subtitle V of title 46, or the Merchant Ship Sales Act of 1946
(50 App. U.S.C. 1735 et seq.), regardless of the terms of the
contracts as to payment or title.
(c) Commerce.--The Secretary of Commerce may waive this
subchapter with respect to contracts for the construction,
alteration, or repair of vessels, regardless of the terms of
the contracts as to payment or title, when the contract is made
under the Act entitled ``An Act to define the functions and
duties of the Coast and Geodetic Survey, and for other
purposes'', approved August 6, 1947 (33 U.S.C. 883a et seq.).
TITLE 46. SHIPPING
SUBTITLE I. GENERAL
CHAPTER 3. FEDERAL MARITIME COMMISSION
[Sec. 303. Record of meetings and votes
[The Federal Maritime Commission, through its secretary,
shall keep a record of its meetings and the votes taken on any
action, order, contract, or financial transaction of the
Commission.]
Sec. 303. Meetings
(a) In General.--The Federal Maritime Commission shall be
deemed to be an agency for purposes of section 552b of title 5.
(b) Record.--The Commission, through its secretary, shall
keep a record of its meetings and the votes taken on any
action, order, contract, or financial transaction of the
Commission.
(c) Nonpublic Collaborative Discussions.--
(1) In general.--Notwithstanding section 552b of
title 5, a majority of the Commissioners may hold a
meeting that is not open to public observation to
discuss official agency business if--
(A) no formal or informal vote or other
official agency action is taken at the meeting;
(B) each individual present at the meeting is
a Commissioner or an employee of the
Commission; and
(C) the General Counsel of the Commission is
present at the meeting.
(2) Disclosure of nonpublic collaborative
discussions.--Except as provided under paragraph (3),
not later than 2 business days after the conclusion of
a meeting under paragraph (1), the Commission shall
make available to the public, in a place easily
accessible to the public--
(A) a list of the individuals present at the
meeting; and
(B) a summary of the matters discussed at the
meeting, except for any matters the Commission
properly determines may be withheld from the
public under section 552b(c) of title 5.
(3) Exception.--If the Commission properly determines
matters may be withheld from the public under section
555b(c) of title 5, the Commission shall provide a
summary with as much general information as possible on
those matters withheld from the public.
(4) Ongoing proceedings.--If a meeting under
paragraph (1) directly relates to an ongoing proceeding
before the Commission, the Commission shall make the
disclosure under paragraph (2) on the date of the final
Commission decision.
(5) Preservation of open meetings requirements for
agency action.--Nothing in this subsection may be
construed to limit the applicability of section 552b of
title 5 with respect to a meeting of the Commissioners
other than that described in this subsection.
(6) Statutory construction.--Nothing in this
subsection may be construed--
(A) to limit the applicability of section
552b of title 5 with respect to any information
which is proposed to be withheld from the
public under paragraph (2)(B) of this
subsection; or
(B) to authorize the Commission to withhold
from any individual any record that is
accessible to that individual under section
552a of title 5.
Sec. 308. Authorization of appropriations
There is authorized to be appropriated to the Federal
Maritime Commission [$24,700,000 for each of fiscal years 2016
and 2017] $28,490,000 for each of fiscal years 2018 and 2019
for the activities of the Commission authorized under this
chapter and subtitle IV.
TITLE 46. SHIPPING
SUBTITLE I. GENERAL
CHAPTER 7--COAST GUARD ADVISORY COMMITTEES
Sec. 701. Administration
(a) Employee Status.--A member of an advisory committee or
advisory council established under this chapter shall not be
considered an employee of the Federal Government by reason of
service on such committee or council, except for the purposes
of the following provisions of law:
(1) Section 5703 of title 5 (relating to travel
expenses).
(2) Chapter 81 of title 5 (relating to compensation
for work injuries).
(3) Chapter 171 of title 28 and any other Federal
statute relating to tort liability.
(4) If the member is a special Government employee--
(A) chapter 73 of title 5;
(B) sections 201, 202, 203, 205, 207, 208,
and 209 of title 18;
(C) the Ethics in Government Act of 1978 (5
U.S.C. App); and
(D) any other provision of law relating to
employee conduct, political activities, ethics,
conflict of interest, and corruption that
applies to a special Government employee.
(b) Compensation.--A member of an advisory committee or
advisory council established under this chapter who is not
otherwise a Federal employee shall not receive pay by reason of
service on such committee or council.
(c) Acceptance of Volunteer Services.--A member of an
advisory committee or advisory council established under this
chapter may serve on a voluntary basis without pay without
regard to section 1342 of title 31 or any other law.
Sec. 702. Chemical Transportation Advisory Committee
(a) Establishment.--There is established a Chemical
Transportation Advisory Committee (referred to in this section
as the ``Committee'').
(b) Function.--The Committee, acting through the Commandant
(or the Commandant's designee), is authorized to advise,
consult with, report to, and make recommendations to the
Secretary on matters relating to the safe and secure marine
transportation of hazardous materials.
(c) Organization.--
(1) Meeting.--The Committee shall, at least once each
calendar year, meet at the call of the Commandant (or
the Commandant's designee).
(2) Membership.--
(A) In general.--The Committee shall consist
of not more than 25 members.
(B) Points of view.--Each member of the
Committee shall represent the point of view of
1 of the following entities or groups
associated with marine transportation of
hazardous materials:
(i) Chemical manufacturing.
(ii) Marine handling or
transportation of chemicals.
(iii) Vessel design and construction.
(iv) Marine safety or security.
(v) Marine environmental protection.
(C) Needs of the coast guard.--The Commandant
(or the Commandant's designee) shall, based on
the needs of the Coast Guard, determine the
number of members who represent a specific
point of view.
(D) Rule of construction.--Neither this
subsection nor any other provision of law or
policy shall be construed to require an equal
distribution of members representing specific
points of view among the membership of the
Committee.
(3) Status of members.--For the purposes of Federal
law, including the Ethics in Government Act of 1978 and
chapter 11 of title 18, each member of the Committee is
hereby deemed a representative of the member's
respective special interest entity or group, and not a
special Government employee (as defined in section
202(a) of title 18).
(4) Nominations; appointments; service.--
(A) Nominations.--As necessary, the Secretary
shall publish, in the Federal Register, a
notice soliciting nominations for membership on
the Committee.
(B) Appointments.--
(i) In general.--After timely notice
is published, the Secretary shall, as
necessary, appoint members to the
Committee.
(ii) Limitations.--The Secretary may
not seek, consider, or otherwise use
information concerning the political
affiliation of a nominee in making an
appointment to the Committee.
(iii) Reappointments.--The Secretary
may reappoint a member to the Committee
more than once.
(C) Service.--Each member of the Committee
shall serve at the pleasure of the Secretary.
(5) Term; vacancy.--
(A) Term.--
(i) In general.--The term of each
member of the Committee shall expire on
December 31 of the third full year
after the effective date of the
appointment.
(ii) Extensions.--Notwithstanding
clause (i), paragraph (4), or any other
provision of law or policy, the
Commandant (or the Commandant's
designee) may extend the term of a
member of the Committee to December 31
of the fifth full year after the
effective date of the appointment.
(B) Vacancy.--In the case of an appointment
to fill a vacancy on the Committee, the
Secretary shall appoint an individual for a
full term.
(6) Chairperson; vice chairperson.--
(A) In general.--The Commandant (or the
Commandant's designee) shall designate 1 member
of the Committee as the Chairperson and another
member of the Committee as the Vice
Chairperson, both of whom shall serve in such
capacity at the pleasure of the Commandant (or
the Commandant's designee) and for a term to be
fixed by the Commandant (or the Commandant's
designee).
(B) Recommendations.--The Commandant (or the
Commandant's designee) may solicit, from the
Committee, recommendations with regard to the
members whom the Commandant (or the
Commandant's designee) shall designate as the
Chairperson and the Vice Chairperson.
(C) Vacancy.--The Vice Chairperson shall act
as Chairperson in the absence or incapacity of,
or in the event of a vacancy in the office of,
the Chairperson.
(7) Designated federal officer.--The Commandant (or
the Commandant's designee) shall designate a Designated
Federal Officer to the Committee in accordance with the
Federal Advisory Committee Act (5 U.S.C. App.).
(d) Federal Advisory Committee Act; Termination.--
(1) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Committee.
(2) Termination.--The Committee shall terminate on
September 30, 2027.
Sec. 703. Commercial Fishing Safety Advisory Committee
(a) Establishment.--There is established a Commercial Fishing
Safety Advisory Committee (referred to in this section as the
``Committee'').
(b) Function.--The Committee, acting through the Commandant
(or the Commandant's designee)--
(1) shall advise, consult with, report to, and make
recommendations to the Secretary on matters relating to
the safe operation of vessels to which chapter 45 of
this title applies, including navigation safety, safety
equipment and procedures, marine insurance, vessel
design, construction, maintenance and operation, and
personnel qualifications and training;
(2) shall review proposed regulations promulgated
pursuant to chapter 45 of this title;
(3) shall submit recommendations described in
paragraph (1) to the Secretary in writing;
(4) may submit any recommendations described in
paragraph (1) at any time and frequency as determined
to be appropriate by the Committee;
(5) shall to review proposed regulations promulgated
pursuant to chapter 45 of this title; and
(6) shall make available to Congress any information,
advice, and recommendations that the Committee is
authorized to give to the Secretary.
(c) Organization.--
(1) Meeting.--The Committee shall, at least once each
calendar year, meet at the call of the Commandant (or
the Commandant's designee).
(2) Membership.--
(A) In general.--The Committee shall consist
of 18 members.
(B) Experience.--Each member of the Committee
shall have particular expertise, knowledge, and
experience regarding the commercial fishing
industry.
(C) Points of view.--Except as provided in
subparagraph (D), a member of the Committee
shall represent the point of view of an entity
or group, as follows:
(i) 10 members representing the
commercial fishing industry who--
(I) reflect a regional and
representational balance; and
(II) have experience in the
operation of vessels to which
chapter 45 of this title
applies or as a crew member or
processing line worker on a
fish processing vessel.
(ii) 1 member representing naval
architects or marine engineers.
(iii) 1 member representing
manufacturers of equipment for vessels
to which chapter 45 of this title
applies.
(iv) 1 member representing education
or training professionals related to
fishing vessel, fish processing vessel,
or fish tender vessel safety or
personnel qualifications.
(v) 1 member representing
underwriters that insure vessels to
which chapter 45 of this title applies.
(vi) 1 member representing owners of
vessels to which chapter 45 of this
title applies.
(D) Exception.--
(i) In general.--Subject to clause
(ii), 3 members of the Committee shall
represent the general public.
(ii) Experience.--Whenever possible,
a member who represents the general
public shall be either--
(I) an independent expert or
consultant in maritime safety;
(II) a marine surveyor who
provides services to vessels to
which chapter 45 of this title
applies; or
(III) a person familiar with
issues affecting fishing
communities and families of
fishermen.
(3) Status of members.--For the purposes of Federal
law, including the Ethics in Government Act of 1978 and
chapter 11 of title 18--
(A) a member of the Committee, whom the
Secretary appoints to represent a point of view
of an entity or group under paragraph (2)(C),
is hereby deemed a representative of the
member's respective special interest entity or
group, and not a special Government employee
(as defined in section 202(a) of title 18); and
(B) a member of the Committee, whom the
Secretary may appoint to represent the general
public, is hereby deemed a special Government
employee (as defined in section 202(a) of title
18).
(4) Nominations; appointments; service.--
(A) Nominations.--As necessary, the Secretary
shall publish, in the Federal Register, a
notice soliciting nominations for membership on
the Committee.
(B) Appointments.--
(i) In general.--After timely notice
is published, the Secretary shall, as
necessary, appoint members to the
Committee.
(ii) Limitations.--The Secretary may
not seek, consider, or otherwise use
information concerning the political
affiliation of a nominee in making an
appointment to the Committee.
(iii) Reappointments.--The Secretary
may reappoint a member to the Committee
more than once.
(5) Term; vacancy.--
(A) Term.--
(i) In general.--The term of each
member of the Committee shall expire on
December 31 of the third full year
after the effective date of the
appointment.
(ii) Extensions.--Notwithstanding
clause (i), paragraph (4), or any other
provision of law or policy, the
Commandant (or the Commandant's
designee) may extend the term of a
member of the Committee to December 31
of the fifth full year after the
effective date of the appointment.
(B) Vacancy.--In the case of an appointment
to fill a vacancy on the Committee, the
Secretary shall appoint an individual for a
full term.
(6) Chairperson; vice chairperson.--
(A) In general.--The Committee shall elect a
Chairperson and Vice Chairperson from among its
members.
(B) Recommendations.--The Commandant (or the
Commandant's designee) may solicit, from the
Committee, recommendations with regard to the
members whom the Commandant (or the
Commandant's designee) shall designate as the
Chairperson and the Vice Chairperson.
(C) Vacancy.--The Vice Chairperson shall act
as Chairperson in the absence or incapacity of,
or in the event of a vacancy in the office of,
the Chairperson.
(7) Designated federal officer.--The Commandant (or
the Commandant's designee) shall designate a Designated
Federal Officer to the Committee in accordance with the
Federal Advisory Committee Act (5 U.S.C. App.).
(d) Consultation.--The Commandant (or the Commandant's
designee) shall, whenever practicable--
(1) consult with the Committee before taking any
significant action relating to the safe operation of
vessels to which chapter 45 of this title applies;
(2) consider the information, advice, and
recommendations of the Committee in consulting with
other agencies and the public or in formulating policy
regarding the safe operation of vessels to which
chapter 45 of this title applies;
(3) make all recommendations made by the Committee in
paragraph (b) public and available for comment within
30 days of receiving the recommendation from the
Committee;
(4) respond in writing to all public comments made
regarding recommendations made by the Committee in
paragraph (b);
(5) respond in writing to any recommendations or
resolutions made by the Committee in paragraph (b) and
provide reasoning for acceptation or rejection to all
recommendations within 60 days of receiving the
recommendation; and
(6) make all responses in paragraph (5) available to
the Congress and the public at the time the response is
transmitted.
(e) Federal Advisory Committee Act; Termination.--
(1) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Committee.
(2) Termination.--The Committee shall terminate on
September 30, 2027.
Sec. 704. Great Lakes Pilotage Advisory Committee
(a) Establishment.--
(1) In general.--The Secretary shall establish a
Great Lakes Pilotage Advisory Committee (referred to in
this section as the ``Committee'').
(2) Duties.--The Committee--
(A) may review proposed Great Lakes pilotage
regulations and policies and make
recommendations to the Secretary that the
Committee considers appropriate;
(B) may advise, consult with, report to, and
make recommendations to the Secretary on
matters relating to Great Lakes pilotage;
(C) may make available to the Congress
recommendations that the Committee makes to the
Secretary; and
(D) shall meet at the call of--
(i) the Secretary, who shall call
such a meeting at least once during
each calendar year; or
(ii) a majority of the Committee.
(b) Organization.--
(1) In general.--
(A) Membership.--The Committee shall consist
of 7 members appointed by the Secretary in
accordance with this subsection, each of whom
has at least 5 years practical experience in
maritime operations.
(B) Term.--The term of each member is for a
period of not more than 5 years, specified by
the Secretary.
(C) Notice.--Before filling a position on the
Committee, the Secretary shall publish a notice
in the Federal Register soliciting nominations
for membership on the Committee.
(2) Representation.--The membership of the Committee
shall include--
(A) the President of each of the 3 Great
Lakes pilotage districts, or the President's
representative;
(B) 1 member representing the interests of
vessel operators that contract for Great Lakes
pilotage services;
(C) 1 member representing the interests of
Great Lakes ports;
(D) 1 member representing the interests of
shippers whose cargoes are transported through
Great Lakes ports; and
(E) a member with a background in finance or
accounting, who--
(i) must have been recommended to the
Secretary by a unanimous vote of the
other members of the Committee, and
(ii) may be appointed without regard
to requirement in paragraph (1) that
each member have 5 years of practical
experience in maritime operations.
(c)(1) Chairperson; Vice Chairperson.--The Committee shall
elect 1 of its members as the Chairperson and 1 of its members
as the Vice Chairperson. The Vice Chairperson shall act as
Chairperson in the absence or incapacity of the Chairperson, or
in the event of a vacancy in the office of the Chairperson.
(2) Observer.--The Secretary shall, and any other interested
agency may, designate a representative to participate as an
observer with the Committee. The Secretary's designated
representative shall act as the executive secretary of the
Committee and shall perform the duties set forth in section
10(c) of the Federal Advisory Committee Act (5 U.S.C. App.).
(d) Recommendations.--
(1) In general.--The Secretary shall, whenever
practicable, consult with the Committee before taking
any significant action relating to Great Lakes
pilotage.
(2) Consideration.--The Secretary shall consider the
information, advice, and recommendations of the
Committee in formulating policy regarding matters
affecting Great Lakes pilotage.
(3) Approval.--Any recommendations to the Secretary
under subsection (a)(2)(B) must have been approved by
at least all but 1 of the members then serving on the
Committee.
(e)(1) Compensation.--Notwithstanding section 701, a member
of the Committee, when attending meetings of the Committee or
when otherwise engaged in the business of the Committee, is
entitled to receive--
(A) compensation at a rate fixed by the Secretary,
not exceeding the daily equivalent of the current rate
of basic pay in effect for GS-18 of the General
Schedule under section 5332 of title 5 including travel
time; and
(B) travel or transportation expenses under section
5703 of title 5.
(2) Employee Status.--Notwithstanding section 701, a member
of the Committee shall not be considered to be an officer or
employee of the United States for any purpose based on their
receipt of any payment under this subsection.
(f) Federal Advisory Committee Act; Termination.--
(1) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) applies to the Committee, except that the
Committee terminates on September 30, 2020.
(2) Renewal.--2 years before the termination date set
forth in paragraph (1) of this subsection, the
Committee shall submit to the Congress its
recommendation regarding whether the Committee should
be renewed and continued beyond the termination date.
Sec. 705. Lower Mississippi River Waterway Safety Advisory Committee
(a) Establishment.--There is established a Lower Mississippi
River Waterway Safety Advisory Committee (referred to in this
section as the ``Committee'').
(b) Function.--The Committee, acting through the Commandant
(or the Commandant's designee), is authorized to advise,
consult with, report to, and make recommendations to the
Secretary on matters relating to communication, surveillance,
traffic management, anchorages, development and operation of
New Orleans Vessel Traffic Services, and other related topics
dealing with and actions relating to navigational safety on the
Lower Mississippi River.
(c) Organization.--
(1) Meeting.--The Committee shall, at least once each
calendar year, meet at the call of the Commandant (or
the Commandant's designee).
(2) Membership.--
(A) In general.--The Committee shall consist
of 24 members.
(B) Experience.--Each member of the Committee
shall have expertise, knowledge, and experience
regarding the transportation, equipment, and
techniques that are used to ship cargo and to
navigate vessels on the Lower Mississippi River
and its connecting navigable waterways,
including the Gulf of Mexico.
(C) Points of view.--Except as provided in
subparagraph (D), each member of the Committee
shall represent the point of view of an entity
or group, as follows:
(i) 5 members representing River Port
Authorities between Baton Rouge,
Louisiana, and the head of passes of
the Lower Mississippi River, of which--
(I) 1 member shall be from
the Port of St. Bernard; and
(II) 1 member from the Port
of Plaquemines.
(ii) 2 members representing vessel
owners or ship owners domiciled in the
State of Louisiana.
(iii) 2 members representing
organizations which operate harbor tugs
or barge fleets in the geographical
area covered by the Committee.
(iv) 2 members representing companies
which transport cargo or passengers on
the navigable waterways in the
geographical area covered by the
Committee.
(v) 3 members representing State
Commissioned Pilot organizations, with
1 member each representing--
(I) the New Orleans-Baton
Rouge Steamship Pilots
Association;
(II) the Crescent River Port
Pilots Association; and
(III) the Association Branch
Pilots.
(vi) 3 members representing
consumers, shippers, or importers and
exporters that utilize vessels which
utilize the navigable waterways covered
by the Committee.
(vii) 2 members representing those
licensed merchant mariners, other than
pilots, who perform shipboard duties on
those vessels which utilize navigable
waterways covered by the Committee.
(viii) 1 member representing an
organization that serves in a
consulting or advisory capacity to the
maritime industry.
(ix) 1 member representing an
environmental organization.
(D) Additional members.--
(i) In general.--3 members of the
Committee shall represent the general
public.
(ii) Water transportation
facilities.--Whenever possible, 2 of
the 3 members who represent the general
public shall be individuals who utilize
water transportation facilities located
in the geographic area that the
Committee covers.
(3) Status of members.--For the purposes of Federal
law, including the Ethics in Government Act of 1978 and
chapter 11 of title 18--
(A) each member of the Committee, whom the
Secretary appoints to represent the point of
view of an entity or group set out in paragraph
(2)(C), is hereby deemed a representative of
the member's respective special interest entity
or group, and not a special Government employee
(as defined in section 202(a) of title 18); and
(B) each member of the Committee, whom the
Secretary appoints to represent the general
public, is hereby deemed a special Government
employee (as defined in section 202(a) of title
18).
(4) Nominations; appointments; service.--
(A) Nominations.--As necessary, the Secretary
shall publish, in the Federal Register, a
notice soliciting nominations for membership on
the Committee.
(B) Appointments.--
(i) In general.--After timely notice
is published, the Secretary shall, as
necessary, appoint members to the
Committee.
(ii) Limitations.--The Secretary may
not seek, consider, or otherwise use
information concerning the political
affiliation of a nominee in making an
appointment to the Committee.
(iii) Reappointments.--The Secretary
may reappoint a member to the Committee
more than once.
(C) Service.--Each member of the Committee
shall serve at the pleasure of the Secretary.
(5) Term; vacancy.--
(A) Term.--
(i) In general.--The term of each
member of the Committee shall expire on
December 31 of the third full year
after the effective date of the
appointment.
(ii) Extension.--Notwithstanding
clause (i), paragraph (4), or any other
provision of law or policy, the
Commandant (or the Commandant's
designee) may extend the term of a
member of the Committee to December 31
of the fifth full year after the
effective date of the appointment.
(B) Vacancy.--In the case of an appointment
to fill a vacancy on the Committee, the
Secretary shall appoint an individual for a
full term.
(6) Chairperson; vice chairperson.--
(A) In general.--The Commandant (or the
Commandant's designee) shall designate 1 member
of the Committee as the Chairperson and another
member of the Committee as the Vice
Chairperson, both of whom shall serve in such
capacity at the pleasure of the Commandant (or
the Commandant's designee) and for a term to be
fixed by the Commandant (or the Commandant's
designee).
(B) Recommendations.--The Commandant (or the
Commandant's designee) may solicit, from the
Committee, recommendations with regard to the
members whom the Commandant (or the
Commandant's designee) shall designate as the
Chairperson and the Vice Chairperson.
(C) Vacancy.--The Vice Chairperson shall act
as Chairperson in the absence or incapacity of,
or in the event of a vacancy in the office of,
the Chairperson.
(7) Designated federal officer.--The Commandant (or
the Commandant's designee) shall designate a Designated
Federal Officer to the Committee in accordance with the
Federal Advisory Committee Act (5 U.S.C. App.).
(d) Consultation.--The Commandant (or the Commandant's
designee) shall, whenever practicable, consult with the
Committee before taking any significant action relating to
navigation safety in the Lower Mississippi River.
(e) Federal Advisory Committee Act; Termination.--
(1) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Committee.
(2) Termination.--The Committee shall terminate on
September 30, 2027.
Sec. 706. Merchant Marine Personnel Advisory Committee
(a) Establishment.--There is established a Merchant Marine
Personnel Advisory Committee (referred to in this section as
the ``Committee'').
(b) Function.--The Committee, acting through the Commandant
(or the Commandant's designee), is authorized to advise,
consult with, report to, and make recommendations to the
Secretary on matters relating to personnel in the United States
merchant marine, including training, qualifications,
certification, documentation, and fitness standards.
(c) Meeting.--The Committee shall, at least once each
calendar year, meet at the call of the Commandant (or the
Commandant's designee).
(d) Membership.--
(1) In general.--The Committee shall consist of 19
members.
(2) Points of view.--Except as provided in
subparagraph (C), each member of the Committee shall
represent the point of view of an entity or group, as
follows:
(A) 9 members representing the interests of
mariners--
(i) each of whom--
(I) shall be a citizen of the
United States; and
(II) shall hold an active
license or certificate issued
under chapter 71 of this title
or a merchant mariner document
issued under chapter 73 of this
title; and
(ii) among whom shall be--
(I) 3 deck officers
representing the interests of
merchant marine deck officers,
of whom--
(aa) 2 shall be
licensed for oceans any
gross tons;
(bb) 1 shall be
licensed for inland
river route with a
limited or unlimited
tonnage;
(cc) 2 shall have a
master's license or a
master of towing
vessels license;
(dd) 1 shall have
significant tanker
experience; and
(ee) to the extent
practicable--
(AA) 1 shall
represent the
interests of
labor; and
(BB) 1 shall
represent the
interests of
management;
(II) 3 engineering officers
representing the interests of
merchant marine engineering
officers, of whom--
(aa) 2 shall be
licensed as chief
engineer any
horsepower;
(bb) 1 shall be
licensed as either a
limited chief engineer
or a designated duty
engineer; and
(cc) to the extent
practicable--
(AA) 1 shall
represent the
interests of
labor; and
(BB) 1 shall
represent the
interests of
management;
(III) 2 unlicensed seamen, of
whom--
(aa) 1 shall
represent the interests
of able-bodied seamen;
and
(bb) 1 shall
represent the interests
of qualified members of
the engine department;
and
(IV) 1 pilot representing the
interests of merchant marine
pilots.
(B) 6 members representing the interests of
marine educators--
(i) each of whom shall be a marine
educator; and
(ii) among whom shall be--
(I) 3 marine educators who
shall represent the interests
of maritime academies,
including--
(aa) 2 who shall
represent the interests
of State maritime
academies; and
(bb) 1 who shall
represent either the
viewpoint of the State
maritime academies or
the United States
Merchant Marine
Academy; and
(II) 3 marine educators who
shall represent the interests
of other maritime training
institutions, 1 of whom shall
represent the interests of the
small vessel industry.
(C) 2 members representing the interests of
shipping companies employed in ship operation
management.
(D) 2 members of the Committee shall
represent the general public.
(3) Status of members.--
(A) In general.--For the purposes of Federal
law, including the Ethics in Government Act of
1978 and chapter 11 of title 18--
(i) a member of the Committee, whom
the Secretary appoints to represent the
point of view of an entity or group set
out in paragraph (2)(B), is hereby
deemed a representative of the member's
respective special interest entity or
group, and not a special Government
employee (as defined in section 202(a)
of title 18); and
(ii) a member of the Committee, whom
the Secretary appoints to represent the
general public, is hereby deemed a
special Government employee (as defined
in section 202(a) of title 18).
(B) Rule of construction.--Nothing in this
section shall be construed to prohibit the
nomination or appointment of a Federal employee
to serve as a member of the Committee
representing the interests of the United States
Merchant Marine Academy.
(4) Nominations; appointments; service.--
(A) Nominations.--As necessary, the Secretary
shall publish, in the Federal Register, a
notice soliciting nominations for membership on
the Committee.
(B) Appointments.--
(i) In general.--After timely notice
is published, the Secretary shall, as
necessary, appoint members to the
Committee.
(ii) Limitations.--The Secretary may
not seek, consider, or otherwise use
information concerning the political
affiliation of a nominee in making an
appointment to the Committee.
(iii) Reappointment.--The Secretary
may reappoint a member to the Committee
more than once.
(C) Soliciting nominations.--Notwithstanding
subparagraphs (A) and (B), the Secretary may--
(i) with regard to the appointment of
a member or members to represent the
interests of the State maritime
academies, solicit nominations for
membership on the Committee from each
State maritime academy or a joint
nomination from some or all State
maritime academies; and
(ii) with regard to the appointment
of a member to represent the interests
of the United States Merchant Marine
Academy, solicit a nomination for
membership on the Committee from the
Secretary of Transportation.
(D) Service.--Each member of the Committee
shall serve at the pleasure of the Secretary.
(5) Term; vacancy.--
(A) Term.--
(i) In general.--The term of each
member of the Committee shall expire on
December 31 of the third full year
after the effective date of the
appointment.
(ii) Extensions.--Notwithstanding
clause (i), paragraph (4), or any other
provision of law or policy, the
Commandant (or the Commandant's
designee) may extend the term of a
member of the Committee to December 31
of the fifth full year after the
effective date of the appointment.
(iii) Vacancy.--In the case of an
appointment to fill a vacancy on the
Committee, the Secretary shall appoint
an individual for a full term.
(6) Chairperson; vice chairperson.--
(A) In general.--The Commandant (or the
Commandant's designee) shall designate 1 member
of the Committee as the Chairperson and another
member of the Committee as the Vice
Chairperson, both of whom shall serve in such
capacity at the pleasure of the Commandant (or
the Commandant's designee) and for a term to be
fixed by the Commandant (or the Commandant's
designee).
(B) Recommendations.--The Commandant (or the
Commandant's designee) may solicit, from the
Committee, recommendations with regard to the
members whom the Commandant (or the
Commandant's designee) shall designate as the
Chairperson and the Vice Chairperson.
(C) Vacancy.--The Vice Chairperson shall act
as Chairperson in the absence or incapacity of,
or in the event of a vacancy in the office of,
the Chairperson.
(7) Designated federal officer.--The Commandant (or
the Commandant's designee) shall designate a Designated
Federal Officer to the Committee in accordance with the
Federal Advisory Committee Act (5 U.S.C. App.).
(e) Federal Advisory Committee Act; Termination.--
(1) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Committee.
(2) Termination.--The Committee shall terminate on
September 30, 2027.
Sec. 707. Merchant Mariner Medical Advisory Committee
(a) Establishment.--There is established a Merchant Mariner
Medical Advisory Committee (referred to in this section as the
``Committee'').
(b) Function.--The Committee, acting through the Commandant
(or the Commandant's designee), is authorized to advise,
consult with, report to, and make recommendations to the
Secretary on matters relating to--
(1) medical certification determinations of merchant
mariners;
(2) medical standards and guidelines for the physical
qualifications of operators of commercial vessels;
(3) medical examiner education; and
(4) medical research.
(c) Organization.--
(1) Meeting.--The Committee shall, at least once each
calendar year, meet at the call of the Commandant (or
the Commandant's designee).
(2) Membership.--
(A) In general.--The Committee shall consist
of 14 members.
(B) Restriction.--No member of the Committee
shall be a regular Federal employee.
(C) Experience.--Of the members of the
Committee--
(i) 10 members shall be healthcare
professionals with particular
expertise, knowledge, or experience
regarding the medical examinations of
merchant mariners or occupational
medicine; and
(ii) 4 members shall be professional
mariners with knowledge and experience
in mariners' occupational requirements.
(3) Status of members.--For the purposes of Federal
law, including the Ethics in Government Act of 1978 and
chapter 11 of title 18, each member of the Committee is
hereby deemed a special Government employee (as defined
in section 202(a) of title 18).
(4) Nominations; appointments; service.--
(A) Nominations.--As necessary, the Secretary
shall publish, in the Federal Register, a
notice soliciting nominations for membership on
the Committee.
(B) Appointments.--
(i) In general.--After timely notice
is published, the Secretary shall, as
necessary, appoint members to the
Committee.
(ii) Limitations.--The Secretary may
not seek, consider, or otherwise use
information concerning the political
affiliation of a nominee in making an
appointment to the Committee.
(iii) Reappointments.--The Secretary
may reappoint a member to the Committee
more than once.
(C) Service.--Each member of the Committee
shall serve at the pleasure of the Secretary.
(5) Term; vacancy.--
(A) Term.--
(i) In general.--The term of each
member of the Committee shall expire on
December 31 of the third full year
after the effective date of the
appointment.
(ii) Extensions.--Notwithstanding
clause (i), paragraph (4), or any other
provision of law or policy, the
Commandant (or the Commandant's
designee) may extend the term of a
member of the Committee to December 31
of the fifth full year after the
effective date of the appointment.
(iii) Vacancy.--In the case of an
appointment to fill a vacancy on the
Committee, the Secretary shall appoint
an individual for a full term.
(6) Chairperson; vice chairperson.--
(A) In general.--The Commandant (or the
Commandant's designee) shall designate 1 member
of the Committee as the Chairperson and another
member of the Committee as the Vice
Chairperson, both of whom shall serve in such
capacity at the pleasure of the Commandant (or
the Commandant's designee) and for a term to be
fixed by the Commandant (or the Commandant's
designee).
(B) Recommendations.--The Commandant (or the
Commandant's designee) may solicit, from the
Committee, recommendations with regard to the
members whom the Commandant (or the
Commandant's designee) shall designate as the
Chairperson and the Vice Chairperson.
(C) Vacancy.--The Vice Chairperson shall act
as Chairperson in the absence or incapacity of,
or in the event of a vacancy in the office of,
the Chairperson.
(7) Designated federal officer.--The Commandant (or
the Commandant's designee) shall designate a Designated
Federal Officer to the Committee in accordance with the
Federal Advisory Committee Act (5 U.S.C. App.).
(d) Federal Advisory Committee Act; Termination.--
(1) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Committee.
(2) Termination.--The Committee shall terminate on
September 30, 2027.
Sec. 708. National Boating Safety Advisory Council
(a) Establishment.--There is established a National Boating
Safety Advisory Council (referred to in this section as the
``Council'').
(b) Organization.--
(1) Meeting.--The Council shall, at least once each
calendar year, meet at the call of the Commandant (or
the Commandant's designee).
(2) Membership.--
(A) In general.--The Council shall consist of
21 members.
(B) Experience.--Each member of the Council
shall have particular expertise, knowledge, and
experience in recreational boating safety.
(C) Points of view.--Except as provided in
subparagraph (D), each member of the Council
shall represent the point of view of an entity
or group, as follows:
(i) 7 members representing State
officials responsible for State boating
safety programs.
(ii) 7 members representing
manufacturers, wholesale distributors,
or retail distributors of recreational
vessels or associated equipment.
(iii) At least 5 members representing
national recreational boating
organizations.
(D) Additional members.--Not more than 2
members of the Council may represent the
general public.
(E) Panels.--Additional individuals from an
entity or group set out in subparagraph (C) may
be appointed to panels of the Council to assist
the Council in performing its duties.
(3) Status of members.--For the purposes of Federal
law, including the Ethics in Government Act of 1978 and
chapter 11 of title 18--
(A) a member of the Council, whom the
Secretary appoints to represent the point of
view of an entity or group set out in paragraph
(2)(C), is hereby deemed a representative of
the member's respective special interest entity
or group, and not a special Government employee
(as defined in section 202(a) of title 18); and
(B) in the event that the Secretary appoints
a member to represent the general public, such
member of the Council is hereby deemed a
special Government employee (as defined in
section 202(a) of title 18).
(4) Nominations; appointments; service.--
(A) Nominations.--As necessary, the Secretary
shall publish, in the Federal Register, a
notice soliciting nominations for membership on
the Council.
(B) Appointments.--
(i) In general.--After timely notice
is published, the Secretary shall, as
necessary, appoint members to the
Council.
(ii) Limitations.--The Secretary may
not seek, consider, or otherwise use
information concerning the political
affiliation of a nominee in making an
appointment to the Council.
(iii) Vacancy.--The Secretary may
reappoint a member to the Council more
than once.
(C) Service.--Each member of the Council
shall serve at the pleasure of the Secretary.
(5) Term; vacancy.--
(A) Term.--
(i) In general.--The term of each
member of the Council shall expire on
December 31 of the third full year
after the effective date of the
appointment.
(ii) Extensions.--Notwithstanding
clause (1), paragraph (4), or any other
provision of law or policy, the
Commandant (or the Commandant's
designee) may extend the term of a
member of the Council to December 31 of
the fifth full year after the effective
date of the appointment.
(iii) Vacancy.--In the case of an
appointment to fill a vacancy on the
Council, the Secretary shall appoint an
individual for a full term.
(6) Chairperson; vice chairperson.--
(A) In general.--The Commandant (or the
Commandant's designee) shall designate 1 member
of the Council as the Chairperson and another
member of the Council as the Vice Chairperson,
both of whom shall serve in such capacity at
the pleasure of the Commandant (or the
Commandant's designee) and for a term to be
fixed by the Commandant (or the Commandant's
designee).
(B) Recommendations.--The Commandant (or the
Commandant's designee) may solicit, from the
Council, recommendations with regard to the
members whom the Commandant (or the
Commandant's designee) shall designate as the
Chairperson and the Vice Chairperson.
(C) Vacancy.--The Vice Chairperson shall act
as Chairperson in the absence or incapacity of,
or in the event of a vacancy in the office of,
the Chairperson.
(7) Designated federal officer.--The Commandant (or
the Commandant's designee) shall designate a Designated
Federal Officer to the Council in accordance with the
Federal Advisory Committee Act (5 U.S.C. App.).
(c) Consultation.--In addition to the consultation required
by section 4302 of this title, the Commandant (or the
Commandant's designee) shall, whenever practicable, consult
with the Council on boating safety matters related to chapter
131 of this title.
(d) Federal Advisory Committee Act; Termination.--
(1) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Council.
(2) Termination.--The Council shall terminate on
September 30, 2027.
Sec. 709. National Maritime Security Advisory Committee
(a) Establishment.--There is established a National Maritime
Security Advisory Committee (referred to in this section as the
``Committee'').
(b) Function.--The Committee, acting through the Commandant
(or the Commandant's designee), is authorized to advise,
consult with, report to, and make recommendations to the
Secretary on matters relating to national maritime security.
(c) Organization.--
(1) Meeting.--The Committee shall, at least once each
calendar year, meet at the call of the Commandant (or
the Commandant's designee).
(2) Membership.--
(A) In general.--The Committee shall consist
of not less than 8 members, but not more than
12 members.
(B) Experience.--Each member of the Committee
shall have at least 5 years practical
experience in maritime security operations.
(C) Points of view.--Each member of the
Committee shall represent the point of view of
an entity or group, as follows:
(i) At least 1 member representing
the port authorities.
(ii) At least 1 member representing
the facilities owners or operators.
(iii) At least 1 member representing
the terminal owners or operators.
(iv) At least 1 member representing
the vessel owners or operators.
(v) At least 1 member representing
the maritime labor organizations.
(vi) At least 1 member representing
the academic community.
(vii) At least 1 member representing
State or local governments.
(viii) At least 1 member representing
the maritime industry.
(ix) Not more than 4 members, each
representing an entity or group, the
point of view of which or the area of
expertise of which the Commandant (or
the Commandant's designee) determines
would aid the Committee's
deliberations.
(3) Status of members.--For the purposes of Federal
law, including the Ethics in Government Act of 1978 and
chapter 11 of title 18, each member of the Committee is
hereby deemed a representative of the member's
respective special interest entity or group, and not a
special Government employee (as defined in section
202(a) of title 18).
(4) Nominations; appointments; service.--
(A) Nominations.--As necessary, the Secretary
shall publish in the Federal Register, a notice
soliciting nominations for membership on the
Committee.
(B) Appointments.--
(i) In general.--After timely notice
is published, the Secretary shall
appoint members to the Committee.
(ii) Limitations.--The Secretary may
not seek, consider, or otherwise use
information concerning the political
affiliation of an individual in making
an appointment to the Committee.
(iii) Reappointments.--The Secretary
may reappoint a member to the Committee
more than once.
(C) Service.--Each member of the Committee
shall serve at the pleasure of the Secretary.
(D) Background examinations.--The Secretary
may require an individual to have passed an
appropriate security background examination
before appointment to the Committee.
(5) Term; vacancy.--
(A) Term.--
(i) In general.--The term of each
member of the Committee shall expire on
December 31 of the third full year
after the effective date of the
appointment.
(ii) Extensions.--Notwithstanding
clause (i), paragraph (4), or any other
provision of law or policy, the
Commandant (or the Commandant's
designee) may extend the term of a
member of the Committee to December 31
of the fifth full year after the
effective date of the appointment.
(iii) Vacancy.--In the case of an
appointment to fill a vacancy on the
Committee, the Secretary shall appoint
an individual for a full term.
(6) Chairperson; vice chairperson.--
(A) In general.--The Commandant (or the
Commandant's designee) shall designate 1 member
of the Committee as the Chairperson and another
member of the Committee as the Vice
Chairperson, both of whom shall serve in such
capacity at the pleasure of the Commandant (or
the Commandant's designee) and for a term to be
fixed by the Commandant (or the Commandant's
designee).
(B) Recommendations.--The Commandant (or the
Commandant's designee) may solicit, from the
Committee, recommendations with regard to the
members whom the Commandant (or the
Commandant's designee) shall designate as the
Chairperson and the Vice Chairperson.
(C) Vacancy.--The Vice Chairperson shall act
as Chairperson in the absence or incapacity of,
or in the event of a vacancy in the office of,
the Chairperson.
(7) Designated federal officer.--The Commandant (or
the Commandant's designee) shall designate a Designated
Federal Officer to the Committee in accordance with the
Federal Advisory Committee Act (5 U.S.C. App.).
(d) Federal Advisory Committee Act; Termination.--
(1) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Committee.
(2) Termination.--The Committee shall terminate on
September 30, 2027.
Sec. 710. National Offshore Safety Advisory Committee
(a) Establishment.--There is established a National Offshore
Safety Advisory Committee (referred to in this section as the
``Committee'').
(b) Function.--The Committee, acting through the Commandant
(or the Commandant's designee), is authorized to advise,
consult with, report to, and make recommendations to the
Secretary on matters relating to activities directly involved
with, or in support of, the exploration of offshore mineral and
energy resources insofar as such activities relate to matters
within Coast Guard jurisdiction.
(c) Organization.--
(1) Meeting.--The Committee shall, at least once each
calendar year, meet at the call of the Commandant (or
the Commandant's designee).
(2) Membership.--
(A) In general.--The Committee shall consist
of 15 members.
(B) Points of view.--Except as provided in
subparagraph (C), each member of the Committee
shall represent the point of view of an entity
or group, as follows:
(i) 2 members representing companies,
organizations, enterprises, or similar
entities engaged in the production of
petroleum.
(ii) 2 members representing
companies, organizations, enterprises,
or similar entities engaged in offshore
drilling.
(iii) 2 members representing
companies, organizations, enterprises
or similar entities engaged in the
support, by offshore supply vessels or
other vessels, of offshore operations.
(iv) 1 member representing a company,
organization, enterprise or similar
entity engaged in the construction of
offshore facilities.
(v) 1 member representing a company,
organization, enterprise or similar
entity providing diving services to the
offshore industry.
(vi) 1 member representing a company,
organization, enterprise or similar
entity providing safety and training
services to the offshore industry.
(vii) 1 member representing a
company, organization, enterprise or
similar entity providing subsea
engineering, construction or remotely
operated vehicle support to the
offshore industry.
(viii) 2 members representing
employees of companies, organizations,
enterprises or similar entities engaged
in offshore operations, 1 of whom
should have recent practical experience
on vessels or units involved in the
offshore industry.
(ix) 1 member representing a company,
organization, enterprise or similar
entity providing environmental
protection, compliance or response
services to the offshore industry.
(x) 1 member representing a company,
organization, enterprise or similar
entity engaged in offshore oil
exploration or production on the Outer
Continental Shelf of Alaska.
(C) Additional member.--1 member of the
Committee shall represent the general public.
(3) Status of members.--For the purposes of Federal
law, including the Ethics in Government Act of 1978 and
chapter 11 of title 18--
(A) a member of the Committee, whom the
Secretary appoints to represent the point of
view of an entity or group set out in paragraph
(2)(C), is hereby deemed a representative of
the member's respective special interest entity
or group, and not a special Government employee
(as defined in section 202(a) of title 18); and
(B) a member of the Committee, whom the
Secretary appoints to represent the general
public, is hereby deemed a special Government
employee (as defined in section 202(a) of title
18).
(4) Nominations; appointments; service.--
(A) Nominations.--As necessary, the Secretary
shall publish, in the Federal Register, a
notice soliciting nominations for membership on
the Committee.
(B) Appointments.--
(i) In general.--After timely notice
is published, the Secretary shall, as
necessary, appoint members to the
Committee.
(ii) Limitations.--The Secretary may
not seek, consider, or otherwise use
information concerning the political
affiliation of a nominee in making an
appointment to the Committee.
(iii) Reappointments.--The Secretary
may reappoint a member to the Committee
more than once.
(C) Service.--Each member of the Committee
shall serve at the pleasure of the Secretary.
(5) Term; vacancy.--
(A) Term.--
(i) In general.--The term of each
member of the Committee shall expire on
December 31 of the third full year
after the effective date of the
appointment.
(ii) Extensions.--Notwithstanding
clause (i), paragraph (4), or any other
provision of law or policy, the
Commandant (or the Commandant's
designee) may extend the term of a
member of the Committee to December 31
of the fifth full year after the
effective date of the appointment.
(iii) Vacancy.--In the case of an
appointment to fill a vacancy on the
Committee, the Secretary shall appoint
an individual for a full term.
(6) Chairperson; vice chairperson.--
(A) In general.--The Commandant (or the
Commandant's designee) shall designate one
member of the Committee as the Chairperson and
another member of the Committee as the Vice
Chairperson, both of whom shall serve in such
capacity at the pleasure of the Commandant (or
the Commandant's designee) and for a term to be
fixed by the Commandant (or the Commandant's
designee).
(B) Recommendations.--The Commandant (or the
Commandant's designee) may solicit, from the
Committee, recommendations with regard to the
members whom the Commandant (or the
Commandant's designee) shall designate as the
Chairperson and the Vice Chairperson.
(C) Vacancy.--The Vice Chairperson shall act
as Chairperson in the absence or incapacity of,
or in the event of a vacancy in the office of,
the Chairperson.
(7) Designated federal officer.--The Commandant (or
the Commandant's designee) shall designate a Designated
Federal Officer to the Committee in accordance with the
Federal Advisory Committee Act (5 U.S.C. App.).
(d) Federal Advisory Committee Act; Termination.--
(1) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Committee.
(2) Termination.--The Committee shall terminate on
September 30, 2027.
Sec. 711. Navigation Safety Advisory Council
(a) Establishment.--There is established a Navigation Safety
Advisory Council (referred to in this section as the
``Council'').
(b) Function.--The Council, acting through the Commandant (or
the Commandant's designee), is authorized to advise, consult
with, report to, and make recommendations to the Secretary on
matters relating to maritime collisions, rammings and
groundings, Inland Rules of the Road, International Rules of
the Road, navigation regulations and equipment, routing
measures, marine information, and aids to navigation systems.
(c) Organization.--
(1) Meeting.--The Council shall, at least once each
calendar year, meet at the call of the Commandant (or
the Commandant's designee).
(2) Membership.--
(A) In general.--The Council shall consist of
not more than 21 members.
(B) Experience.--Each member of the Council
shall have expertise in Inland and
International vessel navigation Rules of the
Road, aids to maritime navigation, maritime
law, vessel safety, or port safety.
(C) Points of view.--Each member of the
Council shall represent the point of view of
one of the following entities or groups:
(i) Commercial vessel owners or
operators.
(ii) Professional mariners.
(iii) Recreational boaters.
(iv) State agencies responsible for
vessel or port safety.
(v) The Maritime Law Association.
(3) Status of members.--For the purposes of Federal
law, including the Ethics in Government Act of 1978 and
chapter 11 of title 18, each member of the Council is
hereby deemed a representative of the member's
respective special interest entity or group, and not a
special Government employee (as defined in section
202(a) of title 18).
(4) Nominations; appointments; service.--
(A) Nominations.--As necessary, the Secretary
shall publish, in the Federal Register, a
notice soliciting nominations for membership on
the Council.
(B) Appointments.--
(i) In general.--After timely notice
is published, the Secretary shall, as
necessary, appoint members to the
Council.
(ii) Limitations.--The Secretary may
not seek, consider, or otherwise use
information concerning the political
affiliation of a nominee in making an
appointment to the Council.
(iii) Reappointments.--The Secretary
may reappoint a member to the Council
more than once.
(C) Service.--Each member of the Council
shall serve at the pleasure of the Secretary.
(5) Term; vacancy.--
(A) Term.--
(i) In general.--The term of each
member of the Council shall expire on
December 31 of the third full year
after the effective date of the
appointment.
(ii) Extensions.--Notwithstanding
clause (i), paragraph (4), or any other
provision of law or policy, the
Commandant (or the Commandant's
designee) may extend the term of a
member of the Council to December 31 of
the fifth full year after the effective
date of the appointment.
(iii) Reappointments.--In the case of
an appointment to fill a vacancy on the
Council, the Secretary shall appoint an
individual for a full term.
(6) Chairperson; vice chairperson.--
(A) In general.--The Commandant (or the
Commandant's designee) shall designate 1 member
of the Council as the Chairperson and another
member of the Council as the Vice Chairperson,
both of whom shall serve in such capacity at
the pleasure of the Commandant (or the
Commandant's designee) and for a term to be
fixed by the Commandant (or the Commandant's
designee).
(B) Recommendations.--The Commandant (or the
Commandant's designee) may solicit, from the
Council, recommendations with regard to the
members whom the Commandant (or the
Commandant's designee) shall designate as the
Chairperson and the Vice Chairperson.
(C) Vacancy.--The Vice Chairperson shall act
as Chairperson in the absence or incapacity of,
or in the event of a vacancy in the office of,
the Chairperson.
(7) Designated federal officer.--The Commandant (or
the Commandant's designee) shall designate a Designated
Federal Officer to the Council in accordance with the
Federal Advisory Committee Act (5 U.S.C. App.).
(d) Federal Advisory Committee Act; Termination.--
(1) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Council.
(2) Termination.--The Council shall terminate on
September 30, 2027.
Sec. 712. Towing Safety Advisory Committee
(a) Establishment.--There is established a Towing Safety
Advisory Committee (referred to in this section as the
``Committee'').
(b) Function.--The Committee, acting through the Commandant
(or the Commandant's designee), is authorized to advise,
consult with, report to, and make recommendations to the
Secretary on matters relating to shallow-draft inland
navigation, coastal waterway navigation, and towing safety.
(c) Organization.--
(1) Meeting.--The Committee shall, at least once each
calendar year, meet at the call of the Commandant (or
the Commandant's designee).
(2) Membership.--
(A) In general.--The Committee shall consist
of 18 members.
(B) Experience.--Each member of the Committee
shall have particular expertise, knowledge, and
experience regarding--
(i) shallow-draft inland navigation
or coastal waterway navigation; and
(ii) towing safety.
(C) Points of view.--Except as provided in
subparagraph (D), each member of the Committee
shall represent the point of view of an entity
or group, as follows:
(i) 7 members representing the barge
and towing industry, reflecting a
regional geographic balance.
(ii) 1 member representing the
offshore mineral and oil supply vessel
industry.
(iii) 1 member representing Masters
or Pilots of towing vessels who have
experience on the Western Rivers and
the Gulf Intracoastal Waterway.
(iv) 1 member representing Masters of
towing vessels who have experience in
offshore service.
(v) 1 member representing Masters of
towing vessels who have experience in
harbor-assist operations.
(vi) 1 member representing towing
vessel engineers.
(vii) 2 members representing port
districts, authorities, or terminal
operators.
(viii) 1 member representing
shippers.
(ix) 1 member representing shippers
who are engaged in the chartering or
shipping of oil or hazardous materials
by barge.
(D) Additional members.--2 members of the
Committee shall represent the general public.
(3) Status of members.--For the purposes of Federal
law, including the Ethics in Government Act of 1978 and
chapter 11 of title 18--
(A) a member of the Committee, whom the
Secretary appoints to represent the point of
view of an entity or group set out in paragraph
(2)(C), is hereby deemed a representative of
the member's respective special interest entity
or group, and not a special Government employee
(as defined in section 202(a) of title 18); and
(B) a member of the Committee, whom the
Secretary appoints to represent the general
public, is hereby deemed a special Government
employee (as defined in section 202(a) of title
18).
(4) Nominations; appointments; service.--
(A) Nominations.--As necessary, the Secretary
shall publish, in the Federal Register, a
notice soliciting nominations for membership on
the Committee.
(B) Appointments.--
(i) In general.--After timely notice
is published, the Secretary shall, as
necessary, appoint members to the
Committee.
(ii) Limitations.--The Secretary may
not seek, consider, or otherwise use
information concerning the political
affiliation of an individual in making
an appointment to the Committee.
(iii) Reappointments.--The Secretary
may reappoint a member to the Committee
more than once.
(C) Service.--Each member of the Committee
shall serve at the pleasure of the Secretary.
(5) Term; vacancy.--
(A) Term.--
(i) In general.--The term of each
member of the Committee shall expire on
December 31 of the third full year
after the effective date of the
appointment.
(ii) Extensions.--Notwithstanding
clause (i), paragraph (4), or any other
provision of law or policy, the
Commandant (or the Commandant's
designee) may extend the term of a
member of the Committee to December 31
of the fifth full year after the
effective date of the appointment.
(iii) Vacancy.--In the case of an
appointment to fill a vacancy on the
Committee, the Secretary shall appoint
an individual for a full term.
(6) Chairperson; vice chairperson.--
(A) In general.--The Commandant (or the
Commandant's designee) shall designate 1 member
of the Committee as the Chairperson and another
member of the Committee as the Vice
Chairperson, both of whom shall serve in such
capacity at the pleasure of the Commandant (or
the Commandant's designee) and for a term to be
fixed by the Commandant (or the Commandant's
designee).
(B) Recommendations.--The Commandant (or the
Commandant's designee) may solicit, from the
Committee, recommendations with regard to the
members whom the Commandant (or the
Commandant's designee) shall designate as the
Chairperson and the Vice Chairperson.
(C) Vacancy.--The Vice Chairperson shall act
as Chairperson in the absence or incapacity of,
or in the event of a vacancy in the office of,
the Chairperson.
(7) Designated federal officer.--The Commandant (or
the Commandant's designee) shall designate a Designated
Federal Officer to the Committee in accordance with the
Federal Advisory Committee Act (5 U.S.C. App.).
(d) Consultation.--The Commandant (or the Commandant's
designee) shall, whenever practicable, consult with the
Committee before taking any significant action affecting
shallow-draft inland navigation, coastal waterway navigation,
and towing safety.
(e) Federal Advisory Committee Act; Termination.--
(1) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Committee.
(2) Termination.--The Committee shall terminate on
September 30, 2027.
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART B. INSPECTION AND REGULATION OF VESSELS
CHAPTER 43. RECREATIONAL VESSELS
Sec. 4302. Regulations
(a) * * *
(c) In prescribing regulations under this section, the
Secretary shall, among other things--
(1) consider the need for and the extent to which the
regulations will contribute to recreational vessel
safety;
(2) consider relevant available recreational vessel
safety standards, statistics, and data, including
public and private research, development, testing, and
evaluation;
(3) not compel substantial alteration of a
recreational vessel or item of associated equipment
that is in existence, or the construction or
manufacture of which is begun before the effective date
of the regulation, but subject to that limitation may
require compliance or performance, to avoid a
substantial risk of personal injury to the public, that
the Secretary considers appropriate in relation to the
degree of hazard that the compliance will correct; and
(4) consult with the National Boating Safety Advisory
Council established under section [13110] 708 of this
title about the considerations referred to in clauses
(1)-(3) of this subsection.
(d) * * *
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART B. INSPECTION AND REGULATION OF VESSELS
CHAPTER 31. GENERAL
Sec. 3104. Survival craft
(a) Requirement to Equip.--The Secretary shall require that a
passenger vessel be equipped with survival craft that ensures
that no part of an individual is immersed in water, if--
(1) such vessel is built or undergoes a major
conversion after January 1, 2016; and
(2) operates in cold waters as determined by the
Secretary.
(b) Higher Standard of Safety.--The Secretary may revise part
117 or part 180 of title 46, Code of Federal Regulations, as in
effect before January 1, 2016, if such revision provides a
higher standard of safety than is provided by the regulations
in effect on or before the date of the enactment of the Coast
Guard Authorization Act of 2016.
(c) Innovative and Novel Designs.--The Secretary may, in lieu
of the requirements set out in part 117 or part 180 of title
46, Code of Federal Regulations, as in effect on the date of
the enactment of the Coast Guard Authorization Act of 2016,
allow a passenger vessel to be equipped with a life-saving
appliance or arrangement of an innovative or novel design
that--
(1) ensures no part of an individual is immersed in
water; and
(2) provides an equal or higher standard of safety
than is provided by such requirements as in effect
before such date of the enactment.
(d) Auxiliary Craft.--
(1) Exception.--Subject to paragraph (2), this
section shall not apply to a vessel carrying an
auxiliary craft on board, except an inflatable
liferaft, if the auxiliary craft--
(A) is readily accessible during an
emergency; and
(B) is capable of safely holding all
individuals on board the vessel.
(2) Requirement.--A vessel described in paragraph (1)
may not exceed the rated capacity on the capacity plate
of the auxiliary craft if the auxiliary craft is
equipped with a Coast Guard required capacity plate.
[(d)] (e) Built Defined.--In this section, the term ``built''
has the meaning that term has under section 4503(e).
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART B. INSPECTION AND REGULATION OF VESSELS
CHAPTER 45. UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS
Sec. 4502. Safety standards
(a) * * *
(f) To ensure compliance with the requirements of this
chapter, the Secretary--
(1) shall require the individual in charge of a
vessel described in subsection (b) to keep a record of
equipment maintenance, and required instruction and
drills;
[(2) shall examine at dockside a vessel described in
subsection (b) at least once every 5 years, and shall
issue a certificate of compliance to a vessel meeting
the requirements of this chapter; and]
(2) shall examine at dockside a vessel described in
subsection (b) at least once every 5 years, but may
require an exam at dockside every 2 years for certain
vessels described in subsection (b) requested by the
owner or operator;
(3) shall issue a certificate of compliance to a
vessel meeting the requirements of this chapter and
satisfying the requirements in paragraph (2); and
[(3)](4) shall complete the first dockside
examination of a vessel under this subsection not later
than October 15, 2015.
(g)(1) The individual in charge of a vessel described in
subsection (b) must pass a training program approved by the
Secretary that meets the requirements in paragraph (2) of this
subsection and hold a valid certificate issued under that
program.
(2) The training program shall--
(A) be based on professional knowledge and
skill obtained through sea service and hands-on
training, including training in seamanship,
stability, collision prevention, navigation,
fire fighting and prevention, damage control,
personal survival, emergency medical care,
emergency drills, and weather;
(B) require an individual to demonstrate
ability to communicate in an emergency
situation and understand information found in
navigation publications;
(C) recognize and give credit for recent past
experience in fishing vessel operation; and
(D) provide for issuance of a certificate to
an individual that has successfully completed
the program.
(3) The Secretary shall prescribe regulations
implementing this subsection. The regulations shall
require that individuals who are issued a certificate
under paragraph (2)(D) must complete refresher training
at least once every 5 years as a condition of
maintaining the validity of the certificate.
(4) The Secretary shall establish an electronic
database listing the names of individuals who have
participated in and received a certificate confirming
successful completion of a training program approved by
the Secretary under this section.
(h) A vessel to which this chapter applies shall be
constructed in a manner that provides a level of safety
equivalent to the minimum safety standards the Secretary may
establish for recreational vessels under section 4302, if--
(1) subsection (b) of this section applies to the
vessel;
(2) the vessel is less than 50 feet overall in
length; and
(3) the vessel is built after January 1, 2010.
(i)(1) The Secretary shall establish a Fishing Safety
Training Grants Program to provide funding to municipalities,
port authorities, other appropriate public entities, not-for-
profit organizations, and other qualified persons that provide
commercial fishing safety training--
(A) to conduct fishing vessel safety training
for vessel operators and crewmembers that--
(i) in the case of vessel operators,
meets the requirements of subsection
(g); and
(ii) in the case of crewmembers,
meets the requirements of subsection
(g)(2)(A), such requirements of
subsection (g)(2)(B) as are appropriate
for crewmembers, and the requirements
of subsections (g)(2)(D), (g)(3), and
(g)(4); and
(B) for purchase of safety equipment and
training aids for use in those fishing vessel
safety training programs.
(2) The Secretary shall award grants under this
subsection on a competitive basis.
(3) The Federal share of the cost of any activity
carried out with a grant under this subsection shall
not exceed 75 percent.
(4) There is authorized to be appropriated $3,000,000
for each of fiscal years [2015 through 2017] 2015
through 2019 for grants under this subsection.
(j)(1) The Secretary shall establish a Fishing Safety
Research Grant Program to provide funding to individuals in
academia, members of non-profit organizations and businesses
involved in fishing and maritime matters, and other persons
with expertise in fishing safety, to conduct research on
methods of improving the safety of the commercial fishing
industry, including vessel design, emergency and survival
equipment, enhancement of vessel monitoring systems,
communications devices, de-icing technology, and severe weather
detection.
(2) The Secretary shall award grants under this
subsection on a competitive basis.
(3) The Federal share of the cost of any activity
carried out with a grant under this subsection shall
not exceed 75 percent.
(4) There is authorized to be appropriated $3,000,000
for each fiscal years [2015 through 2017] 2015 through
2019 for activities under this subsection.
Sec. 4504. Fishing, fish tender, and fish processing vessel
certification
(a) A vessel to which this subsection applies may not be
operated unless the vessel--
(1) meets all survey and classification requirements
prescribed by the American Bureau of Shipping or
another similarly qualified organization approved by
the Secretary; and
(2) has on board a certificate issued by the American
Bureau of Shipping or that other organization
evidencing compliance with this subsection.
(b) Except as provided in subsection (d), subsection (a)
applies to a fish processing vessel to which this chapter
applies that--
(1) is built after July 27, 1990; or
(2) undergoes a major conversion completed after that
date.
(c)(1) Except as provided in paragraph (2), subsection (a)
applies to a vessel to which section 4502(b) of this title
applies that is at least 50 feet overall in length and is built
after July 1, 2013.
(2) Subsection (a) does not apply to a fishing vessel
or fish tender vessel to which section 4502(b) of this
title applies, if the vessel--
(A) is at least 50 feet overall in length,
and not more than [79] 180 feet overall in
length as listed on the vessel's certificate of
documentation or certificate of number; and
(B)(i) is built after the date of the
enactment of the Coast Guard Authorization Act
of 2016; and
(ii) complies with--
(I) the requirements
described in subsection (e); or
(II) the alternative
requirements established by the
Secretary under subsection (f).
(d)(1) [After January 1, 2020, a fishing vessel, fish
processing vessel, or fish tender vessel to which section
4502(b) of this title applies shall comply with an alternate
safety compliance program that is developed in cooperation with
the commercial fishing industry and prescribed by the
Secretary, if] Subject to paragraph (3), beginning on the date
that is 3 years after the date that the Secretary prescribes an
alternate safety compliance program, a fishing vessel, fish
processing vessel, or fish tender vessel to which section
4502(b) of this title applies shall comply with the alternate
safety compliance program if the vessel--
(A) is at least 50 feet overall in length;
(B) is built before July 1, 2013; and
(C) is 25 years of age or older.
(2) A fishing vessel, fish processing vessel, or fish
tender vessel built before July 1, 2013, that undergoes
a major conversion completed after the later of July 1,
2013, or the date the Secretary [establishes standards
for an alternate safety compliance program, shall
comply with such an alternative safety compliance
program that is developed in cooperation with the
commercial fishing industry and prescribed by the
Secretary] prescribes an alternate safety compliance
program under paragraph (1), shall comply with the
alternate safety compliance program.
[(3) Alternative safety compliance programs may be
developed for purposes of paragraph (1) for specific
regions and fisheries.]
(3) For purposes of paragraph (1), a separate
alternate safety compliance program may be developed
for a specific region or specific fishery.
(4) Notwithstanding paragraph (1), vessels owned by a
person that owns more than 30 vessels subject to that
paragraph are not required to meet the alternate safety
compliance requirements of that paragraph until January
1, 2030, if that owner enters into a compliance
agreement with the Secretary that provides for a fixed
schedule for all of the vessels owned by that person to
meet requirements of that paragraph by that date and
the vessel owner is meeting that schedule.
(5) A fishing vessel, fish processing vessel, or fish
tender vessel to which section 4502(b) of this title
applies that was classed before July 1, 2012, shall--
(A) remain subject to the requirements of a
classification society approved by the
Secretary; and
(B) have on board a certificate from that
society.
(e) The requirements referred to in subsection
(c)(2)(B)(ii)(I) are the following:
(1) The vessel is designed by an individual licensed
by a State as a naval architect or marine engineer, and
the design incorporates standards equivalent to those
prescribed by a classification society to which the
Secretary has delegated authority under section 3316 or
another qualified organization approved by the
Secretary for purposes of this paragraph.
(2) Construction of the vessel is overseen and
certified as being in accordance with its design by a
marine surveyor of an organization accepted by the
Secretary.
(3) The vessel--
(A) completes a stability test performed by a
qualified individual;
(B) has written stability and loading
instructions from a qualified individual that
are provided to the owner or operator; and
(C) has an assigned loading mark.
(4) The vessel is not substantially altered without
the review and approval of an individual licensed by a
State as a naval architect or marine engineer before
the beginning of such substantial alteration.
(5) The vessel undergoes a condition survey at least
twice in 5 years, not to exceed 3 years between
surveys, to the satisfaction of a marine surveyor of an
organization accepted by the Secretary.
(6) The vessel undergoes an out-of-water survey at
least once every 5 years to the satisfaction of a
certified marine surveyor of an organization accepted
by the Secretary.
(7) Once every 5 years and at the time of a
substantial alteration to such vessel, compliance of
the vessel with the requirements of paragraph (3) is
reviewed and updated as necessary.
(8) For the life of the vessel, the owner of the
vessel maintains records to demonstrate compliance with
this subsection and makes such records readily
available for inspection by an official authorized to
enforce this chapter.
(f)(1) Not later than 10 years after the date of the
enactment of the Coast Guard Authorization Act of 2016, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report that provides an analysis of the adequacy of
the requirements under subsection (e) in maintaining the safety
of the fishing vessels and fish tender vessels which are
described in subsection (c)(2) and which comply with the
requirements of subsection (e).
(2) If the report required under this subsection
includes a determination that the safety requirements
under subsection (e) are not adequate or that
additional safety measures are necessary, then the
Secretary may establish an alternative safety
compliance program for fishing vessels or fish tender
vessels (or both) which are described in subsection
(c)(2) and which comply with the requirements of
subsection (e).
(3) The alternative safety compliance program
established under this subsection shall include
requirements for--
(A) vessel construction;
(B) a vessel stability test;
(C) vessel stability and loading
instructions;
(D) an assigned vessel loading mark;
(E) a vessel condition survey at least twice
in 5 years, not to exceed 3 years between
surveys;
(F) an out-of-water vessel survey at least
once every 5 years;
(G) maintenance of records to demonstrate
compliance with the program, and the
availability of such records for inspection;
and
(H) such other aspects of vessel safety as
the Secretary considers appropriate.
(g) For purposes of this section, a keel is laid when a
structure, adequate of serving as a keel for a vessel greater
than 79 feet in length is identified for use in the
construction of a specific vessel and is so affirmed by a
marine surveyor.
[(g)](h) For the purposes of this section, the term ``built''
means, with respect to a vessel, that the vessel's construction
has reached any of the following stages:
(1) The vessel's keel is laid.
(2) Construction identifiable with the vessel has
begun and assembly of that vessel has commenced
comprising of at least 50 metric tons or one percent of
the estimated mass of all structural material,
whichever is less.
Sec. 4505. Termination of unsafe operations
An official authorized to enforce this chapter--
(1) may direct the individual in charge of a vessel
to which this chapter applies to immediately take
reasonable steps necessary for the safety of
individuals on board the vessel if the official
observes the vessel being operated in an unsafe
condition that the official believes creates an
especially hazardous condition, including ordering the
individual in charge to return the vessel to a mooring
and to remain there until the situation creating the
hazard is corrected or ended; and
(2) may order the individual in charge of an
uninspected fish processing vessel that does not have
on board the certificate required under section
[4503(1)] 4503(a) of this title to return the vessel to
a mooring and to remain there until the vessel is in
compliance with that section.
[Sec. 4508. Commercial fishing safety advisory committee
[(a) The Secretary shall establish a Commercial Fishing
Safety Advisory Committee. The Committee--
[(1) may advise, consult with, report to, and make
recommendations to the Secretary on matters relating to
the safe operation of vessels to which this chapter
applies, including navigation safety, safety equipment
and procedures, marine insurance, vessel design,
construction, maintenance and operation, and personnel
qualifications and training;
[(2) may review proposed regulations under this
chapter;
[(3) may make available to Congress any information,
advice, and recommendations that the Committee is
authorized to give to the Secretary; and
[(4) shall meet at the call of the Secretary, who
shall call such a meeting at least once during each
calendar year.
[(b)(1) The Committee shall consist of eighteen members with
particular expertise, knowledge, and experience regarding the
commercial fishing industry as follows:
[(A) ten members who shall represent the
commercial fishing industry and who--
[(i) reflect a regional and
representational balance; and
[(ii) have experience in the
operation of vessels to which this
chapter applies or as a crew member or
processing line worker on a fish
processing vessel;
[(B) three members who shall represent the
general public, including, whenever possible--
[(i) an independent expert or
consultant in maritime safety;
[(ii) a marine surveyor who provides
services to vessels to which this
chapter applies; and
[(iii) a person familiar with issues
affecting fishing communities and
families of fishermen;
[(C) one member each of whom shall
represent--
[(i) naval architects and marine
engineers;
[(ii) manufacturers of equipment for
vessels to which this chapter applies;
[(iii) education or training
professionals related to fishing
vessel, fish processing vessel, or fish
tender vessel safety or personnel
qualifications;
[(iv) underwriters that insure
vessels to which this chapter applies;
and
[(v) owners of vessels to which this
chapter applies.
[(2) At least once each year, the Secretary shall
publish a notice in the Federal Register and in
newspapers of general circulation in coastal areas
soliciting nominations for membership on the Committee,
and, after timely notice is published, appoint the
members of the Committee. An individual may be
appointed to a term as a member of the Committee more
than once. The Secretary may not seek or use
information concerning the political affiliation of
individuals in making appointments to the Committee.
[(3)(A) A member of the Committee shall serve a term
of three years.
[(B) If a vacancy occurs in the membership of
the Committee, the Secretary shall appoint a
member to fill the remainder of the vacated
term.
[(4) The Committee shall elect one of its members as
the Chairman and one of its members as the Vice
Chairman. The Vice Chairman shall act as Chairman in
the absence or incapacity of, or in the event of a
vacancy in the office of, the Chairman.
[(5) The Secretary shall, and any other interested
agency may, designate a representative to participate
as an observer with the Committee. These
representatives shall, as appropriate, report to and
advise the Committee on matters relating to vessels to
which this chapter applies which are under the
jurisdiction of their respective agencies. The
Secretary's designated representative shall act as
executive secretary for the Committee and perform the
duties set forth in section 10(c) of the Federal
Advisory Committee Act (5 App. U.S.C.).
[(c)
[(1) The Secretary shall, whenever practicable,
consult with the Committee before taking any
significant action relating to the safe operation of
vessels to which this chapter applies.
[(2) The Secretary shall consider the information,
advice, and recommendations of the Committee in
consulting with other agencies and the public or in
formulating policy regarding the safe operation of
vessels to which this chapter applies.
[(d)(1) A member of the Committee who is not an officer or
employee of the United States or a member of the Armed Forces,
when attending meetings of the Committee or when otherwise
engaged in the business of the Committee, is entitled to
receive--
[(A) compensation at a rate fixed by the
Secretary, not exceeding the daily equivalent
of the current rate of basic pay in effect for
GS-18 of the General Schedule under section
5332 of title 5 including travel time; and
[(B) travel or transportation expenses under
section 5703 of title 5.
[(2) Payments under this section do not render a
member of the Committee an officer or employee of the
United States or a member of the Armed Forces for any
purpose.
[(3) A member of the Committee who is an officer or
employee of the United States or a member of the Armed
Forces may not receive additional pay based on the
member's service to the Committee.
[(4) The provisions of this section relating to an
officer or employee of the United States or a member of
the Armed Forces do not apply to a member of a reserve
component of the Armed Forces unless that member is in
an active status.
[(e)(1) The Federal Advisory Committee Act (5 App. U.S.C.)
applies to the Committee, except that the Committee terminates
on September 30, 2020.
[(2) Two years prior to the termination date referred
to in paragraph (1) of this subsection, the Committee
shall submit to Congress its recommendation regarding
whether the Committee should be renewed and continued
beyond the termination date.]
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART E. MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS
CHAPTER 71. LICENSES AND CERTIFICATES OF REGISTRY
Sec. 7106. Duration of licenses
(a) In General.--A license issued under this part is valid
for a 5-year period and may be renewed for additional 5-year
periods; except that the validity of a license issued to a
radio officer is conditioned on the continuous possession by
the holder of a first-class or second-class radiotelegraph
operator license issued by the Federal Communications
Commission.
(b) Advance Renewals.--A renewed license issued under this
part may be issued up to 8 months in advance but is not
effective until the date that the previously issued license
expires or until the completion of any active suspension or
revocation of that previously issued [merchant mariner's
document] license, whichever is later.
Sec. 7107. Duration of certificates of registry
(a) In General.--A certificate of registry issued under this
part is valid for a 5-year period and may be renewed for
additional 5-year periods; except that the validity of a
certificate issued to a medical doctor or professional nurse is
conditioned on the continuous possession by the holder of a
license as a medical doctor or registered nurse, respectively,
issued by a State.
(b) Advance Renewals.--A renewed certificate of registry
issued under this part may be issued up to 8 months in advance
but is not effective until the date that the previously issued
certificate of registry expires or until the completion of any
active suspension or revocation of that previously issued
[merchant mariner's document] certificate of registry,
whichever is later.
[Sec. 7115. Merchant mariner medical advisory committee
[(a) Establishment.--
[(1) In general.--There is established a Merchant
Mariner Medical Advisory Committee (in this section
referred to as the ``Committee'').
[(2) Functions.--The Committee shall advise the
Secretary on matters relating to--
[(A) medical certification determinations for
issuance of licences, certificates of registry,
and merchant mariners' documents;
[(B) medical standards and guidelines for the
physical qualifications of operators of
commercial vessels;
[(C) medical examiner education; and
[(D) medical research.
[(b) Membership.--
[(1) In general.--The Committee shall consist of 14
members, none of whom is a Federal employee, and shall
include--
[(A) ten who are health-care professionals
with particular expertise, knowledge, or
experience regarding the medical examinations
of merchant mariners or occupational medicine;
and
[(B) four who are professional mariners with
knowledge and experience in mariner
occupational requirements.
[(2) Status of members.--Members of the Committee
shall not be considered Federal employees or otherwise
in the service or the employment of the Federal
Government, except that members shall be considered
special Government employees, as defined in section
202(a) of title 18, United States Code, and shall be
subject to any administrative standards of conduct
applicable to the employees of the department in which
the Coast Guard is operating.
[(c) Appointments; Terms; Vacancies.--
[(1) Appointments.--The Secretary shall appoint the
members of the Committee, and each member shall serve
at the pleasure of the Secretary.
[(2) Terms.--Each member shall be appointed for a
term of five years, except that, of the members first
appointed, three members shall be appointed for a term
of two years.
[(3) Vacancies.--Any member appointed to fill the
vacancy prior to the expiration of the term for which
that member's predecessor was appointed shall be
appointed for the remainder of that term.
[(d) Chairman and Vice Chairman.--The Secretary shall
designate one member of the Committee as the Chairman and one
member as the Vice Chairman. The Vice Chairman shall act as
Chairman in the absence or incapacity of, or in the event of a
vacancy in the office of, the Chairman.
[(e) Compensation; Reimbursement.--Members of the Committee
shall serve without compensation, except that, while engaged in
the performance of duties away from their homes or regular
places of business of the member, the member of the Committee
may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5.
[(f) Staff; Services.--The Secretary shall furnish to the
Committee the personnel and services as are considered
necessary for the conduct of its business.]
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART E. MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS
CHAPTER 75. GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
Sec. 7507. Authority to extend the duration of licenses, certificates
of registry, and merchant mariner documents
(a) Licenses and Certificates of Registry.--Notwithstanding
sections 7106 and 7107, the Secretary of the department in
which the Coast Guard is operating may--
(1) extend for not more than one year an expiring
license or certificate of registry issued for an
individual under chapter 71 if the Secretary determines
that the extension is required to enable the Coast
Guard to eliminate a backlog in processing applications
for those [licenses or certificates of registry]
merchant mariner documents or in response to a national
emergency or natural disaster, as deemed necessary by
the Secretary; or
(2) issue for not more than five years an expiring
license or certificate of registry issued for an
individual under chapter 71 for the exclusive purpose
of aligning the expiration date of such license or
certificate of registry with the expiration date of [a
merchant mariner's document] a license or a certificate
of registry.
(b) Merchant Mariner Documents.--Notwithstanding section
7302(g), the Secretary may--
(1) extend for not more than one year an expiring
merchant mariner's document issued for an individual
under chapter 73 if the Secretary determines that the
extension is required to enable the Coast Guard to
eliminate a backlog in processing applications for
those licenses or certificates of registry or in
response to a national emergency or natural disaster,
as deemed necessary by the Secretary; or
(2) issue for not more than five years an expiring
merchant mariner's document issued for an individual
under chapter 73 for the exclusive purpose of aligning
the expiration date of such merchant mariner's document
with the expiration date of a merchant mariner's
document.
(c) Manner of Extension.--Any extensions granted under this
section may be granted to individual seamen or a specifically
identified group of seamen.
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART F. MANNING OF VESSELS
CHAPTER 81. GENERAL
[Sec. 8108. Merchant marine personnel advisory committee
[(a) Establishment.--The Secretary shall establish a Merchant
Marine Personnel Advisory Committee (in this section referred
to as ``the Committee''). The Committee--
[(1) shall act solely in an advisory capacity to the
Secretary through the Commandant of the Coast Guard on
matters relating to personnel in the United States
merchant marine, including training, qualifications,
certification, documentation, and fitness standards,
and other matters as assigned by the Commandant;
[(2) shall review and comment on proposed Coast Guard
regulations and policies relating to personnel in the
United States merchant marine, including training,
qualifications, certification, documentation, and
fitness standards;
[(3) may be given special assignments by the
Secretary and may conduct studies, inquiries,
workshops, and fact finding in consultation with
individuals and groups in the private sector and with
State or local governments;
[(4) shall advise, consult with, and make
recommendations reflecting its independent judgment to
the Secretary;
[(5) shall meet not less than twice each year; and
[(6) may make available to Congress recommendations
that the Committee makes to the Secretary.
[(b) Membership.--
[(1) In general.--The Committee shall consist of not
more than 19 members who are appointed by and serve
terms of a duration determined by the Secretary. Before
filling a position on the Committee, the Secretary
shall publish a notice in the Federal Register
soliciting nominations for membership on the Committee.
[(2) Required members.--Subject to paragraph (3), the
Secretary shall appoint as members of the Committee--
[(A) 9 United States citizens with active
licenses or certificates issued under chapter
71 or merchant mariner documents issued under
chapter 73, including--
[(i) 3 deck officers who represent
the viewpoint of merchant marine deck
officers, of whom--
[(I) 2 shall be licensed for
oceans any gross tons;
[(II) 1 shall be licensed for
inland river route with a
limited or unlimited tonnage;
[(III) 2 shall have a
master's license or a master of
towing vessels license;
[(IV) 1 shall have
significant tanker experience;
and
[(V) to the extent
practicable--
[(aa) 1 shall
represent the viewpoint
of labor; and
[(bb) another shall
represent a management
perspective;
[(ii) 3 engineering officers who
represent the viewpoint of merchant
marine engineering officers, of whom--
[(I) 2 shall be licensed as
chief engineer any horsepower;
[(II) 1 shall be licensed as
either a limited chief engineer
or a designated duty engineer;
and
[(III) to the extent
practicable--
[(aa) 1 shall
represent a labor
viewpoint; and
[(bb) another shall
represent a management
perspective;
[(iii) 2 unlicensed seamen, of whom--
[(I) 1 shall represent the
viewpoint of able-bodied
seamen; and
[(II) another shall represent
the viewpoint of qualified
members of the engine
department; and
[(iv) 1 pilot who represents the
viewpoint of merchant marine pilots;
[(B) 6 marine educators, including--
[(i) 3 marine educators who represent
the viewpoint of maritime academies,
including--
[(I) 2 who represent the
viewpoint of State maritime
academies and are jointly
recommended by such State
maritime academies; and
[(II) 1 who represents either
the viewpoint of the State
maritime academies or the
United States Merchant Marine
Academy; and
[(ii) 3 marine educators who
represent the viewpoint of other
maritime training institutions, 1 of
whom shall represent the viewpoint of
the small vessel industry;
[(C) 2 individuals who represent the
viewpoint of shipping companies employed in
ship operation management; and
[(D) 2 members who are appointed from the
general public.
[(3) Consultation.--The Secretary shall consult with
the Secretary of Transportation in making an
appointment under paragraph (2)(B)(i)(II).
[(c) Chairman and Vice Chairman.--The Secretary shall
designate one member of the Committee as the Chairman and one
member of the Committee as the Vice Chairman. The Vice Chairman
shall act as Chairman in the absence or incapacity of the
Chairman, or in the event of a vacancy in the office of the
Chairman.
[(d) Subcommittees.--The Committee may establish and
disestablish subcommittees and working groups for any purpose
consistent with this section, subject to conditions imposed by
the Committee. Members of the Committee and additional persons
drawn from the general public may be assigned to such
subcommittees and working groups. Only Committee members may
chair subcommittee or working groups.
[(e) Termination.--The Committee shall terminate on September
30, 2020.]
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART F. MANNING OF VESSELS
CHAPTER 93. GREAT LAKES PILOTAGE
[Sec. 9307. Great Lakes pilotage advisory committee
[(a) The Secretary shall establish a Great Lakes Pilotage
Advisory Committee. The Committee--
[(1) may review proposed Great Lakes pilotage
regulations and policies and make recommendations to
the Secretary that the Committee considers appropriate;
[(2) may advise, consult with, report to, and make
recommendations to the Secretary on matters relating to
Great Lakes pilotage;
[(3) may make available to the Congress
recommendations that the Committee makes to the
Secretary; and
[(4) shall meet at the call of--
[(A) the Secretary, who shall call such a
meeting at least once during each calendar
year; or
[(B) a majority of the Committee.
[(b)(1) The Committee shall consist of seven members
appointed by the Secretary in accordance with this subsection,
each of whom has at least 5 years practical experience in
maritime operations. The term of each member is for a period of
not more than 5 years, specified by the Secretary. Before
filling a position on the Committee, the Secretary shall
publish a notice in the Federal Register soliciting nominations
for membership on the Committee.
[(2) The membership of the Committee shall include--
[(A) the President of each of the 3 Great
Lakes pilotage districts, or the President's
representative;
[(B) one member representing the interests of
vessel operators that contract for Great Lakes
pilotage services;
[(C) one member representing the interests of
Great Lakes ports;
[(D) one member representing the interests of
shippers whose cargoes are transported through
Great Lakes ports; and
[(E) a member with a background in finance or
accounting, who--
[(i) must have been recommended to
the Secretary by a unanimous vote of
the other members of the Committee, and
[(ii) may be appointed without regard
to requirement in paragraph (1) that
each member have 5 years of practical
experience in maritime operations.
[(c)(1) The Committee shall elect one of its members as the
Chairman and one of its members as the Vice Chairman. The Vice
Chairman shall act as Chairman in the absence or incapacity of
the Chairman, or in the event of a vacancy in the office of the
Chairman.
[(2) The Secretary shall, and any other interested
agency may, designate a representative to participate
as an observer with the Committee. The Secretary's
designated representative shall act as the executive
secretary of the Committee and shall perform the duties
set forth in section 10(c) of the Federal Advisory
Committee Act (5 U.S.C. App.).
[(d)(1) The Secretary shall, whenever practicable, consult
with the Committee before taking any significant action
relating to Great Lakes pilotage.
[(2) The Secretary shall consider the information,
advice, and recommendations of the Committee in
formulating policy regarding matters affecting Great
Lakes pilotage.
[(3) Any recommendations to the Secretary under
subsection (a)(2) must have been approved by at least
all but one of the members then serving on the
committee.
[(e)(1) A member of the Committee, when attending meetings of
the Committee or when otherwise engaged in the business of the
Committee, is entitled to receive--
[(A) compensation at a rate fixed by the
Secretary, not exceeding the daily equivalent
of the current rate of basic pay in effect for
GS-18 of the General Schedule under section
5332 of title 5 including travel time; and
[(B) travel or transportation expenses under
section 5703 of title 5, United States Code.
[(2) A member of the Committee shall not be
considered to be an officer or employee of the United
States for any purpose based on their receipt of any
payment under this subsection.
[(f)(1) The Federal Advisory Committee Act (5 U.S.C. App.)
applies to the Committee, except that the Committee terminates
on September 30, 2020.
[(2) 2 years before the termination date set forth in
paragraph (1) of this subsection, the Committee shall
submit to the Congress its recommendation regarding
whether the Committee should be renewed and continued
beyond the termination date.]
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART G. MERCHANT SEAMEN PROTECTION AND RELIEF
CHAPTER 111. PROTECTION AND RELIEF
Sec. 11113. Treatment of abandoned seafarers
(a) Abandoned Seafarers Fund.--
(1) Establishment.--There is established in the
Treasury a separate account to be known as the
Abandoned Seafarers Fund.
(2) Authorized uses.--Amounts in the Fund [may be
appropriated to the Secretary] shall be available to
the Secretary without further appropriation, and shall
remain available until expended, for use--
(A) to pay necessary support of a seafarer--
(i) who--
(I) was paroled into the
United States under section
212(d)(5) of the Immigration
and Nationality Act (8 U.S.C.
1182(d)(5)), or for whom the
Secretary has requested parole
under such section; and
(II) is involved in an
investigation, reporting,
documentation, or adjudication
of any matter that is related
to the administration or
enforcement of law by the Coast
Guard; or
(ii) who--
(I) is physically present in
the United States;
(II) the Secretary determines
was abandoned in the United
States; and
(III) has not applied for
asylum under the Immigration
and Nationality Act (8 U.S.C.
1101 et seq.); and
(B) to reimburse a vessel owner or operator
for the costs of necessary support of a
seafarer who has been paroled into the United
States to facilitate an investigation,
reporting, documentation, or adjudication of
any matter that is related to the
administration or enforcement of law by the
Coast Guard, if--
(i) the vessel owner or operator is
not convicted of a criminal offense
related to such matter; or
(ii) the Secretary determines that
reimbursement is appropriate.
(3) Crediting of amounts to fund.--
(A) In general.--Except as provided in
subparagraph (B), there shall be credited to
the Fund the following:
(i) Penalties deposited in the Fund
under section 9 of the Act to Prevent
Pollution from Ships (33 U.S.C. 1908).
(ii) Amounts reimbursed or recovered
under subsection (c).
(B) Limitation.--Amounts may be credited to
the Fund under subparagraph (A) only if the
unobligated balance of the Fund is less than
$5,000,000.
(4) Report required.--On the date on which the
President submits each budget for a fiscal year
pursuant to section 1105 of title 31, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report that describes--
(A) the amounts credited to the Fund under
paragraph (2) for the preceding fiscal year;
and
(B) amounts in the Fund that were expended
for the preceding fiscal year.
(b) Limitation.--Nothing in this section shall be construed--
(1) to create a private right of action or any other
right, benefit, or entitlement to necessary support for
any person; or
(2) to compel the Secretary to pay or reimburse the
cost of necessary support.
(c) Reimbursement; Recovery.--
(1) In general.--A vessel owner or operator shall
reimburse the Fund an amount equal to the total amount
paid from the Fund for necessary support of a seafarer,
plus a surcharge of 25 percent of such total amount,
if--
(A) the vessel owner or operator--
(i) during the course of an
investigation, reporting,
documentation, or adjudication of any
matter that the Coast Guard referred to
a United States attorney or the
Attorney General, fails to provide
necessary support of a seafarer who was
paroled into the United States to
facilitate the investigation,
reporting, documentation, or
adjudication; and
(ii) subsequently is--
(I) convicted of a criminal
offense related to such matter;
or
(II) required to reimburse
the Fund pursuant to a court
order or negotiated settlement
related to such matter; or
(B) the vessel owner or operator abandons a
seafarer in the United States, as determined by
the Secretary based on substantial evidence.
(2) Enforcement.--If a vessel owner or operator fails
to reimburse the Fund under paragraph (1) within 60
days after receiving a written, itemized description of
reimbursable expenses and a demand for payment, the
Secretary may--
(A) proceed in rem against the vessel on
which the seafarer served in the Federal
district court for the district in which the
vessel is found; and
(B) withhold or revoke the clearance required
under section 60105 for the vessel and any
other vessel operated by the same operator (as
that term is defined in section 2(9)(a) of the
Act to Prevent Pollution from Ships (33 U.S.C.
1901(9)(a)) as the vessel on which the seafarer
served.
(3) Obtaining clearance.--A vessel may obtain
clearance from the Secretary after it is withheld or
revoked under paragraph (2)(B) if the vessel owner or
operator--
(A) reimburses the Fund the amount required
under paragraph (1); or
(B) provides a bond, or other evidence of
financial responsibility, sufficient to meet
the amount required to be reimbursed under
paragraph (1).
[(4) Notification required.--The Secretary shall
notify the vessel at least 72 hours before taking any
action under paragraph (2)(B).]
(d) Definitions.--In this section:
(1) Abandons; abandoned.--Each of the terms
``abandons'' and ``abandoned'' means--
(A) a vessel owner's or operator's unilateral
severance of ties with a seafarer; or
(B) a vessel owner's or operator's failure to
provide necessary support of a seafarer.
(2) Fund.--The term ``Fund'' means the Abandoned
Seafarers Fund established under this section.
(3) Necessary support.--The term ``necessary
support'' means normal wages and expenses the Secretary
considers reasonable for lodging, subsistence,
clothing, medical care (including hospitalization),
repatriation, and any other support the Secretary
considers to be appropriate.
(4) Seafarer.--The term ``seafarer'' means an alien
crew member who is employed or engaged in any capacity
on board a vessel subject to the jurisdiction of the
United States.
(5) Vessel subject to the jurisdiction of the united
states.--The term ``vessel subject to the jurisdiction
of the United States'' has the meaning given that term
in section 70502(c), except that it does not include a
vessel that is--
(A) owned, or operated under a bareboat
charter, by the United States, a State or
political subdivision thereof, or a foreign
nation; and
(B) not engaged in commerce.
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART G. MERCHANT SEAMEN PROTECTION AND RELIEF
CHAPTER 113. OFFICIAL LOGBOOKS
Sec. 11304. Additional logbook and entry requirements
(a) A vessel of the United States that is subject to
inspection under section 3301 of this title, except a vessel on
a voyage from a port in the United States to a port in Canada
or a ferry, passenger vessel, or small passenger vessel (as
those terms are defined in section 2101), shall have [an
official logbook, which] a logbook, which may be in any form,
including electronic, and shall be kept available for review by
the Secretary on request.
(b) The [log book] logbook required by subsection (a) shall
include the following entries:
(1) The time when each seaman and each officer
assumed or relieved the watch.
(2) The number of hours in service to the vessels of
each seaman and each officer.
[(3) An account of each accident, illness, and injury
that occurs during each watch.]
(3) Each illness or injury, the nature of the illness
or injury, and any medical treatment administered.
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART H. IDENTIFICATION OF VESSELS
CHAPTER 121. DOCUMENTATION OF VESSELS
SUBCHAPTER I. GENERAL
Sec. 12102. Vessels requiring documentation
(a) In General.--Except as otherwise provided, a vessel may
engage in a trade only if the vessel has been issued a
certificate of documentation with an endorsement for that trade
under this chapter.
(b) Vessels Less Than 5 Net Tons.--A vessel of less than 5
net tons may engage in a trade without being documented if the
vessel otherwise satisfies the requirements to engage in the
particular trade.
(c) Barges.--A barge qualified to engage in the coastwise
trade may engage in the coastwise trade, without being
documented, on rivers, harbors, lakes (except the Great Lakes),
canals, and inland waters. The Secretary may require such an
undocumented barge more than 100 gross tons operating on the
navigable waters of the United States to be numbered under
chapter 123 of this title.
(d) Aquaculture Waiver.--
(1) Permitting of nonqualified vessels to perform
certain aquaculture support operations.--
Notwithstanding section 12113 and any other law, the
[Secretary of Transportation] Secretary of the
department in which the Coast Guard is operating may
issue a waiver allowing a documented vessel with a
registry endorsement or a foreign flag vessel to be
used in operations that treat aquaculture fish for or
protect aquaculture fish from disease, parasitic
infestation, or other threats to their health if the
Secretary finds, after publishing a notice in the
Federal Register, that a suitable vessel of the United
States is not available that could perform those
services.
(2) Prohibition.--Vessels operating under a waiver
issued under this subsection may not engage in any
coastwise transportation.
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART H. IDENTIFICATION OF VESSELS
CHAPTER 121. DOCUMENTATION OF VESSELS
SUBCHAPTER II. ENDORSEMENTS AND SPECIAL DOCUMENTATION
Sec. 12114. Recreational endorsement
(a) Requirements.--A recreational endorsement may be issued
for a vessel that satisfies the requirements of section 12103
of this title.
(b) Authorized Activity.--A vessel operating under a
recreational endorsement may be operated only for pleasure.
(c) Application of Customs Laws.--A vessel for which a
recreational endorsement is issued may proceed between a port
of the United States and a port of a foreign country without
entering or clearing with the Secretary of Homeland Security.
However, a recreational vessel is subject to the requirements
for reporting arrivals under section 433 of the Tariff Act of
1930 (19 U.S.C. 1433), and individuals on the vessel are
subject to applicable customs regulations.
(d) Issuance of Certificate of Documentation.--The Secretary
of the department in which the Coast Guard is operating is
authorized to issue certificates of documentation with
effective periods of 1 year, 2 years, 3 years, 4 years, or 5
years.
(1) Phased in issuance of certificates.--
(A) In fiscal year 2019, vessel owners or
operators with vessel documentation numbers
ending in 0, 1, 2, 3 shall be qualified to
apply for a renewal certificate of
documentation with an effective period of 5
years. Alternatively, vessel owners or
operators with vessel documentation numbers
ending in 0, 1, 2, 3 may elect to apply for a
renewal certificate of documentation with an
effective period of 1 year, 2 years, 3 years,
or 4 years. All other vessel owners and
operators shall be qualified to apply for an
initial or renewal certificate with an
effective period of 1 year.
(B) In fiscal year 2020, vessel owners or
operators with vessel documentation numbers
ending in 4, 5, or 6 shall be qualified to
apply for a renewal certificate of
documentation with an effective period of 5
years. Alternatively, vessel owners or
operators with vessel documentation numbers
ending in 4, 5, or 6 may elect to apply for a
renewal certificate of documentation with an
effective period of 1 year, 2 years, 3 years,
or 4 years. All other vessel owners and
operators shall be qualified to apply for an
initial or renewal certificate with an
effective period of 1 year.
(C) In fiscal year 2021, vessel owners or
operators with vessel documentation numbers
ending in 7, 8, or 9 shall be qualified to
apply for an initial or renewal certificate of
documentation with an effective period of 5
years. Alternatively, vessel owners or
operators with vessel documentation numbers
ending in 7, 8, or 9 may elect to apply for an
initial or renewal certificate of documentation
with an effective period of 1 year, 2 years, 3
years, or 4 years. All other vessel owners and
operators shall be qualified to apply for an
initial or renewal certificate with an
effective period of 1 year.
(D) Starting in fiscal year 2022 all vessel
owners and operators shall be qualified to
apply for a renewal certificate of
documentation with effective periods of 1 year,
2 years, 3 years, 4 years, or 5 years.
(E) Starting in fiscal year 2019 vessel
owners and operators applying for an initial
certificate of documentation may apply for such
documentation with an effective period of 1
year, 2 years, 3 years, 4 years, or 5 years.
(2) Application for renewal.--Applications for
renewal may be submitted no earlier than 90 days prior
to the expiration date of a certificate of
documentation.
(3) Fees.--
(A) For fiscal years 2019 through 2021, the
Secretary shall collect the following fees from
vessel owners or operators:
(i) For a certificate of
documentation with an effective period
of 5 years the fee collected from the
vessel owner or operator shall be $130.
(ii) For a certificate of
documentation with an effective period
of 4 years the fee collected from the
vessel owner or operator shall be $104.
(iii) For a certificate of
documentation with an effective period
of 3 years the fee collected from the
vessel owner or operator shall be $78.
(iv) For a certificate of
documentation with an effective period
of 2 years the fee collected from the
vessel owner or operator shall be $52.
(v) For a certificate of
documentation with an effective period
of 1 year the fee collected from the
vessel owner or operator shall be $26.
(B) For fiscal years 2022 and thereafter,
such fees shall be published in the Federal
Register as a direct final rule. Such
rulemaking shall be exempt from the
requirements of the Administrative Procedure
Act (Public Law 79-404; 60 Stat 237).
(4) Funds availability.--Fees collected for the
issuance of certificates of documentation by the
Secretary of the department in which the Coast Guard is
operating--
(A) shall be deposited into the account that
bore the expense for issuance of such
certificate of documentation, and
(B) shall be available until expended.
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART H. IDENTIFICATION OF VESSELS
CHAPTER 123. NUMBERING UNDOCUMENTED VESSELS
Sec. 12301. Numbering vessels
[(a)] An undocumented vessel equipped with propulsion
machinery of any kind shall have a number issued by the proper
issuing authority in the State in which the vessel principally
is operated.
[(b) The Secretary shall require an undocumented barge more
than 100 gross tons operating on the navigable waters of the
United States to be numbered.]
TITLE 46. SHIPPING SUBTITLE II. VESSELS AND SEAMEN PART I. STATE
BOATING SAFETY PROGRAMS CHAPTER 131. RECREATIONAL BOATING SAFETY
[Sec. 13110. National boating safety advisory council
[(a) The Secretary shall establish a National Boating Safety
Advisory Council. The Council shall consist of 21 members
appointed by the Secretary, whom the Secretary considers to
have a particular expertise, knowledge, and experience in
recreational boating safety.
[(b)(1) The membership of the Council shall consist of--
[(A) 7 representatives of State officials
responsible for State boating safety programs;
[(B) 7 representatives of recreational vessel
manufacturers and associated equipment
manufacturers; and
[(C) 7 representatives of national
recreational boating organizations and from the
general public, at least 5 of whom shall be
representatives of national recreational
boating organizations.
[(2) Additional individuals from the sources referred
to in paragraph (1) of this subsection may be appointed
to panels of the Council to assist the Council in
performing its duties.
[(3) At least once a year, the Secretary shall
publish a notice in the Federal Register soliciting
nominations for membership on the Council.
[(c) In addition to the consultation required by section 4302
of this title, the Secretary shall consult with the Council on
other major boating safety matters related to this chapter. The
Council may make available to Congress information, advice, and
recommendations that the Council is authorized to give to the
Secretary.
[(d) When serving away from home or regular place of
business, the member may be allowed travel expenses, including
per diem in lieu of subsistence as authorized by section 5703
of title 5 for individuals employed intermittently in the
Government service. A payment under this section does not make
a member of the Council an officer or employee of the United
States Government for any purpose.
[(e) The Council shall terminate on September 30, 2020.]
TITLE 46. SHIPPING
SUBTITLE IV. REGULATION OF OCEAN SHIPPING
PART A. OCEAN SHIPPING
CHAPTER 401. GENERAL
Sec. 40104. Reports filed with the commission
[(a) In General.--The Federal Maritime Commission may require
a common carrier or an officer, receiver, trustee, lessee,
agent, or employee of the carrier to file with the Commission a
periodical or special report, an account, record, rate, or
charge, or a memorandum of facts and transactions related to
the business of the carrier. The report, account, record, rate,
charge, or memorandum shall be made under oath if the
Commission requires, and shall be filed in the form and within
the time prescribed by the Commission.]
(a) Reports.--
(1) In general.--The Federal Maritime Commission may
require a common carrier or marine terminal operator,
or an officer, receiver, trustee, lessee, agent, or
employee of the common carrier or marine terminal
operator to file with the Commission a periodical or
special report, an account, record, rate, or charge, or
a memorandum of facts and transactions related to the
business of the common carrier or marine terminal
operator, as applicable.
(2) Requirements.--The report, account, record, rate,
charge, or memorandum shall--
(A) be made under oath if the Commission
requires; and
(B) be filed in the form and within the time
prescribed by the Commission.
(b) Conference Minutes.--Conference minutes required to be
filed with the Commission under this section may not be
released to third parties or published by the Commission.
TITLE 46. SHIPPING
SUBTITLE IV. REGULATION OF OCEAN SHIPPING
PART A. OCEAN SHIPPING
CHAPTER 403. AGREEMENTS
Sec. 40304. Commission action
[(a) Notice of Filing.--Within 7 days after an agreement is
filed, the Federal Maritime Commission shall transmit a notice
of the filing to the Federal Register for publication.]
(a) Notice of Filing.--Not later than 7 days after the date
an agreement is filed, the Federal Maritime Commission shall--
(1) transmit a notice of the filing to the Federal
Register for publication; and
(2) request interested persons to submit relevant
information and documents.
(b) Preliminary Review and Rejection.--After preliminary
review, the Commission shall reject an agreement that it finds
does not meet the requirements of sections 40302 and 40303 of
this title. The Commission shall notify in writing the person
filing the agreement of the reason for rejection.
(c) Review and Effective Date.--Unless rejected under
subsection (b), an agreement (other than an assessment
agreement) is effective--
(1) on the 45th day after filing, or on the 30th day
after notice of the filing is published in the Federal
Register, whichever is later; or
(2) if additional information or documents are
requested under subsection (d)--
(A) on the 45th day after the Commission
receives all the additional information and
documents; or
(B) if the request is not fully complied
with, on the 45th day after the Commission
receives the information and documents
submitted and a statement of the reasons for
noncompliance with the request.
(d) Request for Additional Information.--Before the
expiration of the period specified in subsection (c)(1), the
Commission may request from the person filing the agreement any
additional information and documents the Commission considers
necessary to make the determinations required by this [section]
part.
(e) Modification of Review Period.--
(1) Shortening.--On request of the party filing an
agreement, the Commission may shorten a period
specified in subsection (c), but not to a date that is
less than 14 days after notice of the filing of the
agreement is published in the Federal Register.
(2) Extension.--The period specified in subsection
(c)(2) may be extended only by the United States
District Court for the District of Columbia in a civil
action brought by the Commission under section 41307(c)
of this title.
(f) Fixed Terms.--The Commission may not limit the
effectiveness of an agreement to a fixed term.
Sec. 40307. Exemption from antitrust laws
(a) * * *
(b) Exceptions.--This part does not extend antitrust immunity
to--
(1) an agreement with or among air carriers, rail
carriers, motor carriers, tug operators, or common
carriers by water not subject to this part relating to
transportation within the United States;
(2) a discussion or agreement among common carriers
subject to this part relating to the inland divisions
(as opposed to the inland portions) of through rates
within the United States;
(3) an agreement among common carriers subject to
this part to establish, operate, or maintain a marine
terminal in the United States; or
(4) a loyalty contract.
(c) Retroactive Effect of Determinations.--A determination by
an agency or court that results in the denial or removal of the
immunity to the antitrust laws under subsection (a) does not
remove or alter the antitrust immunity for the period before
the determination.
(d) Relief Under Clayton Act.--A person may not recover
damages under section 4 of the Clayton Act (15 U.S.C. 15), or
obtain injunctive relief under section 16 of that Act (15
U.S.C. 26), for conduct prohibited by this part.
TITLE 46. SHIPPING
SUBTITLE IV. REGULATION OF OCEAN SHIPPING
PART A. OCEAN SHIPPING
CHAPTER 409. OCEAN TRANSPORTATION INTERMEDIARIES
Sec. 40901. License requirement
(a) In General.--A person in the United States may not [act]
act, including holding itself out by solicitation,
advertisement, or otherwise, as an ocean transportation
intermediary unless the person holds an ocean transportation
intermediary's license issued by the Federal Maritime
Commission. The Commission shall issue a license to a person
that the Commission determines to be qualified by experience
and character to act as an ocean transportation intermediary.
(b) Exception.--A person whose primary business is the sale
of merchandise may forward shipments of the merchandise for its
own account without an ocean transportation intermediary's
license.
Sec. 40902. Financial responsibility
(a) In General.--A person may not [act] act, including
holding itself out by solicitation, advertisement, or
otherwise, as an ocean transportation intermediary unless the
person furnishes a bond, proof of insurance, or other surety--
(1) in a form and amount determined by the Federal
Maritime Commission to insure financial responsibility;
and
(2) issued by a surety company found acceptable by
the Secretary of the Treasury.
(b) Scope of Financial Responsibility.--A bond, insurance, or
other surety obtained under this section--
(1) shall be available to pay any penalty assessed
under section 41109 of this title or any order for
reparation issued under section 41305 of this title;
(2) may be available to pay any claim against an
ocean transportation intermediary arising from its
transportation-related activities--
(A) with the consent of the insured ocean
transportation intermediary and subject to
review by the surety company; or
(B) when the claim is deemed valid by the
surety company after the ocean transportation
intermediary has failed to respond to adequate
notice to address the validity of the claim;
and
(3) shall be available to pay any judgment for
damages against an ocean transportation intermediary
arising from its transportation-related activities, if
the claimant has first attempted to resolve the claim
under paragraph (2) and the claim has not been resolved
within a reasonable period of time.
(c) Regulations on Court Judgments.--The Commission shall
prescribe regulations for the purpose of protecting the
interests of claimants, ocean transportation intermediaries,
and surety companies with respect to the process of pursuing
claims against ocean transportation intermediary bonds,
insurance, or sureties through court judgments. The regulations
shall provide that a judgment for monetary damages may not be
enforced except to the extent that the damages claimed arise
from the transportation-related activities of the insured ocean
transportation intermediary, as defined by the Commission.
(d) Resident Agent.--An ocean transportation intermediary not
domiciled in the United States shall designate a resident agent
in the United States for receipt of service of judicial and
administrative process, including subpoenas.
TITLE 46. SHIPPING
SUBTITLE IV. REGULATION OF OCEAN SHIPPING
PART A. OCEAN SHIPPING
CHAPTER 411. PROHIBITIONS AND PENALTIES
Sec. 41104. Common carriers
A common carrier, either alone or in conjunction with any
other person, directly or indirectly, may not--
(1) allow a person to obtain transportation for
property at less than the rates or charges established
by the carrier in its tariff or service contract by
means of false billing, false classification, false
weighing, false measurement, or any other unjust or
unfair device or means;
(2) provide service in the liner trade that is--
(A) not in accordance with the rates,
charges, classifications, rules, and practices
contained in a tariff published or a service
contract entered into under chapter 405 of this
title, unless excepted or exempted under
section 40103 or 40501(a)(2) of this title; or
(B) under a tariff or service contract that
has been suspended or prohibited by the Federal
Maritime Commission under chapter 407 or 423 of
this title;
(3) retaliate against a shipper by refusing, or
threatening to refuse, cargo space accommodations when
available, or resort to other unfair or unjustly
discriminatory methods because the shipper has
patronized another carrier, or has filed a complaint,
or for any other reason;
(4) for service pursuant to a tariff, engage in any
unfair or unjustly discriminatory practice in the
matter of--
(A) rates or charges;
(B) cargo classifications;
(C) cargo space accommodations or other
facilities, with due regard being given to the
proper loading of the vessel and the available
tonnage;
(D) loading and landing of freight; or
(E) adjustment and settlement of claims;
(5) for service pursuant to a service contract,
engage in any unfair or unjustly discriminatory
practice in the matter of rates or charges with respect
to any port;
(6) use a vessel in a particular trade for the
purpose of excluding, preventing, or reducing
competition by driving another ocean common carrier out
of that trade;
(7) offer or pay any deferred rebates;
(8) for service pursuant to a tariff, give any undue
or unreasonable preference or advantage or impose any
undue or unreasonable prejudice or disadvantage;
(9) for service pursuant to a service contract, give
any undue or unreasonable preference or advantage or
impose any undue or unreasonable prejudice or
disadvantage with respect to any port;
(10) unreasonably refuse to deal or negotiate;
(11) knowingly and willfully accept cargo from or
transport cargo for the account of an ocean
transportation intermediary that does not have [a
tariff as required by section 40501 of this title and]
a bond, insurance, or other surety as required by
section 40902 of this title; or
(12) knowingly and willfully enter into a service
contract with an ocean transportation intermediary that
does not have a tariff as required by section 40501 of
this title and a bond, insurance, or other surety as
required by section 40902 of this title, or with an
affiliate of such an ocean transportation intermediary.
Sec. 41105. Concerted action
A conference or group of two or more common carriers may
not--
(1) boycott or take any other concerted action
resulting in an unreasonable refusal to deal;
(2) engage in conduct that unreasonably restricts the
use of intermodal services or technological
innovations;
(3) engage in any predatory practice designed to
eliminate the participation, or deny the entry, in a
particular trade of a common carrier not a member of
the conference, a group of common carriers, an ocean
tramp, or a bulk carrier;
(4) negotiate with a [non-ocean carrier] tug
operator, non-ocean carrier, or group of non-ocean
carriers (such as truck, rail, or air operators) on any
matter relating to rates or services provided to ocean
common carriers within the United States by those tug
operators or non-ocean carriers, unless the
negotiations and any resulting agreements are not in
violation of the antitrust laws and are consistent with
the purposes of this part, except that this paragraph
does not prohibit the setting and publishing of a joint
through rate by a conference, joint venture, or
association of ocean common carriers;
(5) deny in the export foreign commerce of the United
States compensation to an ocean freight forwarder or
limit that compensation to less than a reasonable
amount;
(6) allocate shippers among specific carriers that
are parties to the agreement or prohibit a carrier that
is a party to the agreement from soliciting cargo from
a particular shipper, except as--
(A) authorized by section 40303(d) of this
title;
(B) required by the law of the United States
or the importing or exporting country; or
(C) agreed to by a shipper in a service
contract;
(7) for service pursuant to a service contract,
engage in any unjustly discriminatory practice in the
matter of rates or charges with respect to any
locality, port, or person due to the person's status as
a shippers' association or ocean transportation
intermediary; or
(8) for service pursuant to a service contract, give
any undue or unreasonable preference or advantage or
impose any undue or unreasonable prejudice or
disadvantage with respect to any locality, port, or
person due to the person's status as a shippers'
association or ocean transportation intermediary.
TITLE 46. SHIPPING
SUBTITLE VII. SECURITY AND DRUG ENFORCEMENT
CHAPTER 701. PORT SECURITY
SUBCHAPTER I. GENERAL
Sec. 70112. [Maritime Security Advisory Committees] Area Maritime
Security Advisory Committees
[(a) Establishment of Committees.--
[(1) The Secretary shall establish a National
Maritime Security Advisory Committee. The Committee--
[(A) may advise, consult with, report to, and
make recommendations to the Secretary on
matters relating to national maritime security
matters;
[(B) may make available to the Congress
recommendations that the Committee makes to the
Secretary; and
[(C) shall meet at the call of--
[(i) the Secretary, who shall call
such a meeting at least once during
each calendar year; or
[(ii) a majority of the Committee.
[(2)(A) The Secretary may--
[(i) establish an Area Maritime
Security Advisory Committee for any
port area of the United States; and
[(ii) request such a committee to
review the proposed Area Maritime
Transportation Security Plan developed
under section 70103(b) and make
recommendations to the Secretary that
the Committee considers appropriate.
[(B) A committee established under this
paragraph for an area--
[(i) may advise, consult with, report
to, and make recommendations to the
Secretary on matters relating to
maritime security in that area;
[(ii) may make available to the
Congress recommendations that the
committee makes to the Secretary; and
[(iii) shall meet at the call of--
[(I) the Secretary, who shall
call such a meeting at least
once during each calendar year;
or
[(II) a majority of the
committee.]
(a) Establishment of Committees.--
(1) The Secretary may--
(A) establish an Area Maritime Security
Advisory Committee for any port area of the
United States; and
(B) request an Area Maritime Security
Committee to review the proposed Area Maritime
Transportation Security Plan developed under
section 70103(b) and make recommendations to
the Secretary that the Committee considers
appropriate.
(2) Each Area Maritime Security Advisory Committee--
(A) may advise, consult with, report to, and
make recommendations to the Secretary on
matters relating to maritime security in that
area;
(B) may make available to the Congress
recommendations that the Committee makes to the
Secretary; and
(C) shall meet at the call of--
(i) the Secretary, who shall call
such a meeting at least once during
each calendar year; or
(ii) a majority of the Committee.
(b) Membership.--
(1) Each [of the committees] Area Maritime Security
Advisory Committee established under subsection (a)
shall consist of not less than 7 members appointed by
the Secretary, each of whom has at least 5 years
practical experience in maritime security operations.
(2) The term of each member shall be for a period of
not more than 5 years, specified by the Secretary.
(3) Before appointing an individual to a position on
[such a committee] an Area Security Advisory Committee,
the Secretary shall publish a notice in the Federal
Register soliciting nominations for membership on [the
committee] an Area Maritime Security Advisory
Committee.
(4) The Secretary may require an individual to have
passed an appropriate security background examination
before appointment to [the Committee] an Area Maritime
Security Advisory Committee.
(5)[(A) The National Maritime Security Advisory
Committee shall be composed of--]
[(i) at least 1 individual who
represents the interests of the port
authorities;
[(ii) at least 1 individual who
represents the interests of the
facilities owners or operators;
[(iii) at least 1 individual who
represents the interests of the
terminal owners or operators;
[(iv) at least 1 individual who
represents the interests of the vessel
owners or operators;
[(v) at least 1 individual who
represents the interests of the
maritime labor organizations;
[(vi) at least 1 individual who
represents the interests of the
academic community;
[(vii) at least 1 individual who
represents the interests of State or
local governments; and
[(viii) at least 1 individual who
represents the interests of the
maritime industry.]
[(B)] Each Area Maritime Security Advisory
Committee shall be composed of individuals who
represents the interests of the port industry,
terminal operators, port labor organizations,
and other users of the port areas.
(c) Chairperson and Vice Chairperson.--
(1) Each [committee] Area Maritime Security Advisory
Committee established under subsection (a) shall elect
1 of its members as the Chairman and 1 of its members
as the Vice Chairperson.
(2) The Vice Chairman shall act as Chairman in the
absence or incapacity of the Chairman, or in the event
of a vacancy in the office of the Chairman.
[(d) Observers.--
[(1) The Secretary shall, and the head of any other
interested Federal agency may, designate a
representative to participate as an observer with the
Committee.
[(2) The Secretary's designated representative shall
act as the executive secretary of the Committee and
shall perform the duties set forth in section 10(c) of
the Federal Advisory Committee Act (5 U.S.C. App.).]
[(e)](d) Consideration of Views.--The Secretary shall
consider the information, advice, and recommendations of [the
Committee] an Area Maritime Security Advisory Committee in
formulating policy regarding matters affecting maritime
security[.] for an area.
[(f)](e) Compensation and Expenses.--
(1) A member of [a committee] an Area Maritime
Security Advisory Committee established under this
section, when attending meetings of the committee or
when otherwise engaged in the business of the
committee, is entitled to receive--
(A) compensation at a rate fixed by the
Secretary, not exceeding the daily equivalent
of the current rate of basic pay in effect for
GS-15 of the General Schedule under section
5332 of title 5 including travel time; and
(B) travel or transportation expenses under
section 5703 of title 5.
(2) A member of [such a committee] an Area Maritime
Security Advisory Committee shall not be considered to
be an officer or employee of the United States for any
purpose based on their receipt of any payment under
this subsection.
[(f) FACA; Termination.--
[(1) The Federal Advisory Committee Act (5 U.S.C.
App.)--
[(A) applies to the National Maritime
Security Advisory Committee established under
this section, except that such committee
terminates on September 30, 2020; and
[(B) does not apply to Area Maritime Security
Advisory Committees established under this
section.
[(2) Not later than September 30, 2018, each
committee established under this section shall submit
to the Congress its recommendation regarding whether
the committee should be renewed and continued beyond
the termination date.]
(f) Federal Advisory Committee Act; Termination Date.--
(1) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) does not apply to Area Maritime Security
Advisory Committees established under this section.
(2) Termination.--The Area Maritime Security Advisory
Committees shall terminate on September 30, 2027.
ACT MAKING APPROPRIATIONS FOR THE CONSTRUCTION, REPAIR, AND
PRESERVATION OF CERTAIN PUBLIC WORKS ON RIVERS AND HARBORS, AND FOR
OTHER PURPOSES
[33 U.S.C. 499]
SEC. 5. REGULATIONS FOR DRAWBRIDGES.
(a) Criminal Penalties for Violations; Enforcement; Rules and
Regulations.--It shall be the duty of all persons owning,
operating, and tending the drawbridges now built or which may
hereafter be built across the navigable rivers and other waters
of the United States, to open, or cause to be opened, the draws
of such bridges under such rules and regulations as in the
opinion of the Secretary of the department in which the Coast
Guard is operating the public interests require to govern the
opening of drawbridges for the passage of vessels and other
water crafts, and such rules and regulations, when so made and
published, shall have the force of law. Every such person who
shall wilfully fail or refuse to open, or cause to be opened,
the draw of any such bridge for the passage of a boat or boats,
as provided in such regulations, shall be deemed guilty of a
misdemeanor, and on conviction thereof shall be punished by a
fine of not more than $2,000 nor less than $1,000, or by
imprisonment (in the case of a natural person) for not
exceeding one year, or by both such fine and imprisonment, in
the discretion of the court: Provided, That the proper action
to enforce the provisions of this subsection may be commenced
before any commissioner, judge, or court of the United States,
and such commissioner, judge, or court shall proceed in respect
thereto as authorized by law in case of crimes against the
United States: Provided further, That whenever, in the opinion
of the Secretary of the department in which the Coast Guard is
operating, the public interests require it, he may make rules
and regulations to govern the opening of drawbridges for the
passage of vessels and other water crafts, and such rules and
regulations, when so made and published, shall have the force
of law, and any willful violation thereof shall be punished as
hereinbefore provided: Provided further, That any regulations
made in pursuance of this section may be enforced as provided
in section 413 of this title, the provisions whereof are made
applicable to the said regulations. Any rules and regulations
made in pursuance of this section shall, to the extent
practical and feasible, provide for regularly scheduled
openings of drawbridges during seasons of the year, and during
times of the day, when scheduled openings would help reduce
motor vehicle traffic delays and congestion on roads and
highways linked by drawbridges.
(b) Nonstructural Vessel Appurtenance; Unreasonable Delay.--
No vessel owner or operator shall signal a drawbridge to open
for any nonstructural vessel appurtenance which is not
essential to navigation or which is easily lowered and no
person shall unreasonably delay the opening of a draw after the
signal required by rules or regulations under this section has
been given. The Secretary of the department in which the Coast
Guard is operating shall issue rules and regulations to
implement this subsection.
(c) Civil Penalties for Violation; Notice and Hearing;
Assessment, Collection, and Remission; Civil Actions.--Whoever
violates any rule or regulation issued under subsection (a) or
(b), shall be liable to a civil penalty of not more than $5,000
for a violation occurring in 2004; $10,000 for a violation
occurring in 2005; $15,000 for a violation occurring in 2006;
$20,000 for a violation occurring in 2007; and $25,000 for a
violation occurring in 2008 and any year thereafter. No penalty
may be assessed under this subsection until the person charged
is given notice and an opportunity for a hearing on the charge.
The Secretary of the department in which the Coast Guard is
operating may assess and collect any civil penalty incurred
under this subsection and, in his discretion, may remit,
mitigate, or compromise any penalty until the matter is
referred to the Attorney General. If a person against whom a
civil penalty is assessed under this subsection fails to pay
that penalty, an action may be commenced in the district court
of the United States for any district in which the violation
occurs for such penalty.
(d) Temporary Changes to Drawbridge Operating Schedules.--
Notwithstanding section 553 of title 5, United States Code,
whenever a temporary change to the operating schedule of a
drawbridge, lasting 180 days or less--
(1) is approved--
(A) the Secretary of the department in which
the Coast Guard is operating shall--
(i) issue a deviation approval letter
to the bridge owner; and
(ii) announce the temporary change
in--
(I) the Local Notice to
Mariners;
(II) broadcast notices to
mariners through the Coast
Guard radio station or Navy
radio station, or both; or
(III) such other local media
as the Secretary considers
appropriate; and
(B) the bridge owner, except a railroad
bridge owner, shall notify--
(i) the public by publishing notice
of the temporary change in a newspaper
of general circulation published in the
place where the bridge is located;
(ii) the department, agency, or
office of transportation with
jurisdiction over the roadway that
abuts the approaches to the bridge; and
(iii) the law enforcement
organization with jurisdiction over the
roadway that abuts the approaches to
the bridge; or
(2) is denied, the Secretary of the department in
which the Coast Guard is operating shall--
(A) not later than 10 days after the date of
receipt of the request, provide the bridge
owner in writing the reasons for the denial,
including any supporting data and evidence used
to make the determination; and
(B) provide the bridge owner a reasonable
opportunity to address each reason for the
denial and resubmit the request.
(e) Drawbridge Movements.--The Secretary of the department in
which the Coast Guard is operating--
(1) shall require a drawbridge operator to record
each movement of the drawbridge in a log;
(2) may inspect the log to ensure drawbridge movement
is in accordance with the posted operating schedule;
(3) shall review whether deviations from the posted
operating schedule are impairing vehicular and
pedestrian traffic; and
(4) may determine if the operating schedule should be
adjusted for efficiency of maritime or vehicular and
pedestrian traffic.
[ACT TO ESTABLISH A TOWING SAFETY ADVISORY COMMITTEE IN THE DEPARTMENT
OF TRANSPORTATION
[TOWING SAFETY ADVISORY COMMITTEE.
[33 U.S.C. 1231a]
[(a) Establishment; Membership.--There is established a
Towing Safety Advisory Committee (hereinafter referred to as
the ``Committee''). The Committee shall consist of eighteen
members with particular expertise, knowledge, and experience
regarding shallow-draft inland and coastal waterway navigation
and towing safety as follows:
[(1) Seven members representing the barge and towing
industry, reflecting a regional geographic balance.
[(2) One member representing the offshore mineral and
oil supply vessel industry.
[(3) One member representing holders of active
licensed Masters or Pilots of towing vessels with
experience on the Western Rivers and the Gulf
Intracoastal Waterway.
[(4) One member representing the holders of active
licensed Masters of towing vessels in offshore service.
[(5) One member representing Masters who are active
ship-docking or harbor towing vessel.
[(6) One member representing licensed or unlicensed
towing vessel engineers with formal training and
experience.
[(7) Two members representing each of the following
groups:
[(A) Port districts, authorities, or terminal
operators.
[(B) Shippers (of whom at least one shall be
engaged in the shipment of oil or hazardous
materials by barge).
[(8) Two members representing the general public.
[(b) Appointments; Chairman, Vice Chairman, and Observers;
Publication in Federal Register.--The Secretary of the
department in which the Coast Guard is operating (hereinafter
referred to as the ``Secretary'') shall appoint the members of
the Committee. The Secretary shall designate one of the members
of the Committee as the Chairman and one of the members as the
Vice Chairman. The Vice Chairman shall act as Chairman in the
absence or incapacity of, or in the event of a vacancy in the
office of, the Chairman. The Secretary may request the
Secretary of the Army and the Secretary of Commerce to each
designate a representative to participate as an observer on the
Committee. The Secretary shall, not less often than once a
year, publish notice in the Federal Register for solicitation
of nominations for membership on the Committee.
[(c) Functions; Meetings; Public Proceedings and Records;
Disclosures to Congress.--The Committee shall advise, consult
with, and make recommendations to the Secretary on matters
relating to shallow-draft inland and coastal waterway
navigation and towing safety. Any advice or recommendation made
by the Committee to the Secretary shall reflect the independent
judgment of the Committee on the matter concerned. The
Secretary shall consult with the Committee before taking any
significant action affecting shallow-draft inland and coastal
waterway navigation and towing safety. The Committee shall meet
at the call of the Secretary, but in any event not less than
once during each calendar year. All proceedings of the
Committee shall be open to the public, and a record of the
proceedings shall be made available for public inspection. The
Committee is authorized to make available to Congress any
information, advice, and recommendations which the Committee is
authorized to give to the Secretary.
[(d) Compensation and Travel Expenses; Administrative
Services; Personnel; Authorization of Appropriations.--Members
of the Committee who are not officers or employees of the
United States shall serve without pay and members of the
Committee who are officers or employees of the United States
shall receive no additional pay on account of their service on
the Committee. While away from their homes or regular places of
business, members of the Committee may be allowed travel
expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code. The
Secretary shall furnish to the Committee an executive secretary
and such secretarial, clerical, and other services as are
considered necessary for the conduct of its business. There are
authorized to be appropriated such sums as may be necessary to
implement the provisions of this subsection.
[(e) Termination.--Unless extended by subsequent Act of
Congress, the Committee shall terminate on September 30, 2020.]
INLAND NAVIGATIONAL RULES ACT OF 1980
[Public Law 96-591; 94 Stat. 3434]
[SEC. 5. NAVIGATION SAFETY ADVISORY COUNCIL.
[33 U.S.C. 2073]
[(a) Establishment of Council.--
[(1) In general.--The Secretary of the department in
which the Coast Guard is operating shall establish a
Navigation Safety Advisory Council (hereinafter
referred to as the ``Council''), consisting of not more
than 21 members. All members shall have expertise in
Inland and International vessel navigation Rules of the
Road, aids to maritime navigation, maritime law, vessel
safety, port safety, or commercial diving safety. Upon
appointment, all non-Federal members shall be
designated as representative members to represent the
viewpoints and interests of one of the following groups
or organizations:
[(A) Commercial vessel owners or operators.
[(B) Professional mariners.
[(C) Recreational boaters.
[(D) The recreational boating industry.
[(E) State agencies responsible for vessel or
port safety.
[(F) The Maritime Law Association.
[(2) Panels.--Additional persons may be appointed to
panels of the Council to assist the Council in
performance of its functions.
[(3) Nominations.--The Secretary, through the Coast
Guard Commandant, shall not less often than once a year
publish a notice in the Federal Register soliciting
nominations for membership on the Council.
[(b) Functions.--The Council shall advise, consult with, and
make recommendations to the Secretary, through the Coast Guard
Commandant, on matters relating to maritime collisions,
rammings, groundings, Inland Rules of the Road, International
Rules of the Road, navigation regulations and equipment,
routing measures, marine information, diving safety, and aids
to navigation systems. Any advice and recommendations made by
the Council to the Secretary shall reflect the independent
judgment of the Council on the matter concerned. The Council
shall meet at the call of the Coast Guard Commandant, but in
any event not less than twice during each calendar year. All
proceedings of the Council shall be public, and a record of the
proceedings shall be made available for public inspection.
[(c) Executive Secretary; Staff; Travel Expenses and Status
of Members.--The Secretary shall furnish to the Council an
executive secretary and such secretarial, clerical, and other
services as are deemed necessary for the conduct of its
business. Members of the Council, while away from their home or
regular places of business, may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code. Payments under
this section shall not render members of the Council officers
or employees of the United States for any purpose.
[(d) Termination of Council.--Unless extended by subsequent
Act of Congress, the Council shall terminate on September 30,
2020.]
COAST GUARD AUTHORIZATION ACT OF 1991
[Public Law 102-241; 105 Stat. 2213]
[SEC. 18. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.
[(a)(1) There is established a Houston-Galveston Navigation
Safety Advisory Committee (hereinafter referred to as the
``Committee''). The Committee shall advise, consult with, and
make recommendations to the Secretary of the department in
which the Coast Guard is operating (hereinafter in this part
referred to as the ``Secretary'') on matters relating to the
transit of vessels and products to and from the Ports of
Galveston, Houston, Texas City, and Galveston Bay. The
Secretary shall, whenever practicable, consult with the
Committee before taking any significant action related to
navigation safety at these port facilities. Any advice or
recommendation made by the Committee to the Secretary shall
reflect the independent judgment of the Committee on the matter
concerned.
[(2) The Committee is authorized to make available to
Congress any information, advice, and recommendations
that the Committee is authorized to give to the
Secretary. The Committee shall meet at the call of the
Secretary, but in any event not less than once during
each calendar year. All matters relating to or
proceedings of the Committee shall comply with the
Federal Advisory Committee Act (5 App. U.S.C.).
[(b) The Committee shall consist of eighteen members, who
have particular expertise, knowledge, and experience regarding
the transportation, equipment, and techniques that are used to
ship cargo and to navigate vessels in the inshore and the
offshore waters of the Gulf of Mexico:
[(1) Two members who are employed by the Port of
Houston Authority or have been selected by that entity
to represent them.
[(2) Two members who are employed by the Port of
Galveston or the Texas City Port Complex or have been
selected by those entities to represent them.
[(3) Two members from organizations that represent
shipowners, stevedores, shipyards, or shipping
organizations domiciled in the State of Texas.
[(4) Two members representing organizations that
operate tugs or barges that utilize the port facilities
at Galveston, Houston, and Texas City Port Complex.
[(5) Two members representing shipping companies that
transport cargo from the Ports of Galveston and Houston
on liners, break bulk, or tramp steamer vessels.
[(6) Two members representing those who pilot or
command vessels that utilize the Ports of Galveston and
Houston.
[(7) Two at-large members who may represent a
particular interest group but who utilize the port
facilities at Galveston, Houston, and Texas City.
[(8) One member representing labor organizations
which load and unload cargo at the Ports of Galveston
and Houston.
[(9) One member representing licensed merchant
mariners, other than pilots, who perform shipboard
duties on vessels which utilize the port facilities of
Galveston and Houston.
[(10) One member representing environmental
interests.
[(11) One member representing the general public.
[(c) The Secretary shall appoint the members of the Committee
after first soliciting nominations by notice published in the
Federal Register. The Secretary may request the head of any
other Federal agency or department to designate a
representative to advise the Committee on matters within the
jurisdiction of that agency or department.
[(d) The Committee shall elect, by majority vote at its first
meeting, one of the members of the Committee as the chairman
and one of the members as the vice chairman. The vice chairman
shall act as chairman in the absence or incapacity of, or in
the event of a vacancy in the Office of the Chairman.
[(e) Terms of members appointed to the Committee shall be for
two years. The Secretary shall, not less often than once a
year, publish notice in the Federal Register for solicitation
of nominations for membership on the Committee.
[(f) Members of the Committee who are not officers or
employees of the United States shall serve without pay and
members of the Committee who are officers or employees of the
United States shall receive no additional pay on account of
their service on the Committee. While away from their homes or
regular places of business, members of the Committee may be
allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United
States Code.
[(g) The term of members of the Committee shall begin on
October 1, 1992.]
[SEC. 19. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.
[(a)(1) There is established a Lower Mississippi River
Waterway Advisory Committee (hereinafter referred to as the
``Committee''). The Committee shall advise, consult with, and
make recommendations to the Secretary of the department in
which the Coast Guard is operating (hereinafter in this part
referred to as the "Secretary") on a wide range of matters
regarding all facets of navigational safety related to the
Lower Mississippi River. The Secretary shall, whenever
practicable, consult with the Committee before taking any
significant action related to navigation safety in the Lower
Mississippi River. Any advice or recommendation made by the
Committee to the Secretary shall reflect the independent
judgment of the Committee on the matter concerned.
[(2) The Committee is authorized to make available to
Congress any information, advice, and recommendations
which the Committee is authorized to give the
Secretary. The Committee shall meet at the call of the
Chairman, or upon request of the majority of Committee
members, but in any event not less than once during
each calendar year. All matters relating to or
proceedings of the Committee shall comply with the
Federal Advisory Committee Act (5 App. U.S.C.).
[(b) The Committee shall consist of twenty-four members who
have expertise, knowledge, and experience regarding the
transportation, equipment, and techniques that are used to ship
cargo and to navigate vessels on the Lower Mississippi River
and its connecting navigable waterways including the Gulf of
Mexico:
[(1) Five members representing River Port Authorities
between Baton Rouge, Louisiana, and the head of passes
of the Lower Mississippi River, of which one member
shall be from the Port of St. Bernard and one member
from the Port of Plaquemines.
[(2) Two members representing vessel owners or ship
owners domiciled in the State of Louisiana.
[(3) Two members representing organizations which
operate harbor tugs or barge fleets in the geographical
area covered by the Committee.
[(4) Two members representing companies which
transport cargo or passengers on the navigable
waterways in the geographical area covered by the
Committee.
[(5) Three members representing State Commissioned
Pilot organizations, with one member each representing
the New Orleans/Baton Rouge Steamship Pilots
Association, the Crescent River Port Pilots
Association, and the Associated Branch Pilots
Association.
[(6) Two at-large members who utilize water
transportation facilities located in the geographical
area covered by the Committee.
[(7) Three members representing consumers, shippers,
or importers/exporters that utilize vessels which
utilize the navigable waterways covered by the
Committee.
[(8) Two members representing those licensed merchant
mariners, other than pilots, who perform shipboard
duties on those vessels which utilize navigable
waterways covered by the Committee.
[(9) One member representing an organization that
serves in a consulting or advisory capacity to the
maritime industry.
[(10) One member representing an environmental
organization.
[(11) One member representing the general public.
[(c) The Secretary shall appoint the members of the Committee
upon recommendation after first soliciting nominations by
notice in the Federal Register. The Secretary may request the
head of any other Federal agency or department to designate a
representative to advise the Committee on matters within the
jurisdiction of that agency or department, who shall not be a
voting member of the Committee.
[(d) The Committee shall annually elect, by majority vote at
its first meeting, a chairman and vice chairman from its
membership. The vice chairman shall act as chairman in the
absence or incapacity of, or in the event of a vacancy in, the
Office of the Chairman.
[(e) Terms of members appointed to the Committee shall be two
years. The Secretary shall, not less than once a year, publish
notice in the Federal Register for solicitation of nominations
for membership on the Committee.
[(f) Members of the Committee who are not officers or
employees of the United States shall serve without pay and
members of the Committee who are officers or employees of the
United States shall receive no additional pay on account of
their service on the Committee. While away from their homes or
regular place of business, members of the Committee may be
allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United
States Code.]
[SEC. 27. SHIP SHOAL LIGHTHOUSE TRANSFER.
[Notwithstanding another law, the Secretary of Transportation
shall transfer without consideration to the city of Berwick,
Louisiana, all rights, title, and interest of the United States
in the aid to navigation structure known as the Ship Shoal
Lighthouse, Louisiana.]
MARITIME TRANSPORTATION SECURITY ACT OF 2002
[Public Law 107-295]
SEC. 109. MARITIME SECURITY PROFESSIONAL TRAINING.
[46 U.S.C. 70101 note]
(a) In General.--
(1) Development of standards.--Not later than 6
months after the date of enactment of this Act, the
Secretary of Transportation shall develop standards and
curriculum to allow for the training and certification
of maritime security professionals. In developing these
standards and curriculum, the Secretary shall consult
with the National Maritime Security Advisory Committee
established under [section 70112 of title 46, United
States Code, as amended by this Act] section 709 of
title 46, United States Code.
(2) Secretary to consult on standards.--In developing
standards under this section, the Secretary may,
without regard to the Federal Advisory Committee Act (5
U.S.C. App.), consult with the Federal Law Enforcement
Training Center, the United States Merchant Marine
Academy's Global Maritime and Transportation School,
the Maritime Security Council, the International
Association of Airport and Port Police, the National
Cargo Security Council, and any other Federal, State,
or local government or law enforcement agency or
private organization or individual determined by the
Secretary to have pertinent expertise.
(b) Minimum Standards.--The standards established by the
Secretary under subsection (a) shall include the following
elements:
(1) The training and certification of maritime
security professionals in accordance with accepted law
enforcement and security guidelines, policies, and
procedures, including, as appropriate, recommendations
for incorporating a background check process for
personnel trained and certified in foreign ports.
(2) The training of students and instructors in all
aspects of prevention, detection, investigation, and
reporting of criminal activities in the international
maritime environment.
(3) The provision of off-site training and
certification courses and certified personnel at United
States and foreign ports used by United States-flagged
vessels, or by foreign-flagged vessels with United
States citizens as passengers or crewmembers, to
develop and enhance security awareness and practices.
(c) Training Provided to Law Enforcement and Security
Personnel.--
(1) In general.--The Secretary is authorized to make
the training opportunities provided under this section
available to any Federal, State, local, and private law
enforcement or maritime security personnel in the
United States or to personnel employed in foreign ports
used by vessels with United States citizens as
passengers or crewmembers.
(2) Academies and schools.--The Secretary may provide
training under this section at--
(A) each of the 6 State maritime academies;
(B) the United States Merchant Marine
Academy;
(C) the Appalachian Transportation Institute;
and
(D) other security training schools in the
United States.
(d) Use of Contract Resources.--The Secretary may employ
Federal and contract resources to train and certify maritime
security professionals in accordance with the standards and
curriculum developed under this Act.
(e) Annual Report.--The Secretary shall transmit an annual
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on the expenditure of
appropriated funds and the training under this section.
(f) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary to carry out this section
$5,500,000 for each of fiscal years 2003 through 2008.
COAST GUARD AUTHORIZATION ACT OF 2010
[Public Law 111-281; 124 Stat. 2950]
[SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.
[(a) In General.--For purposes of sections 3304, 5333, and
5753 of title 5, United States Code, the Commandant of the
Coast Guard may--
[(1) designate any category of acquisition positions
within the Coast Guard as shortage category positions;
and
[(2) use the authorities in such sections to recruit
and appoint highly qualified persons directly to
positions so designated.
[(b) Limitation.--The Commandant may not appoint a person to
a position of employment under this paragraph after September
30, 2012.
[(c) Reports.--The Commandant shall include in reports under
section 562(d) of title 14, United States Code, as added by
this title, information described in that section regarding
positions designated under this section.]
HOWARD COBLE COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2014
[Public Law 113-281; 128 Stat. 3062]
SEC. 604. WAIVERS.
(a) ``John Craig''.--
(1) In general.--Section 8902 of title 46, United
States Code, shall not apply to the vessel John Craig
(United States official number D1110613) when such
vessel is operating on the portion of the Kentucky
River, Kentucky, located at approximately mile point
158, in Pool Number 9, between Lock and Dam Number 9
and Lock and Dam Number 10.
(2) Application.--Paragraph (1) shall apply on and
after the date on which the Secretary of the department
in which the Coast Guard is operating determines that a
licensing requirement has been established under
Kentucky State law that applies to an operator of the
vessel John Craig.
(b) ``F/V Western Challenger''.--Notwithstanding section
12132 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may issue a
certificate of documentation with a coastwise endorsement and a
fisheries endorsement for the F/V Western Challenger (IMO
number 5388108).
NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL ACT OF 1990
[Public Law 101-646; 104 Stat. 4761]
SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED STATES.
[16 U.S.C. 4711]
(a) * * *
(c) Voluntary National Guidelines.--
(1) In general.--Not later than 1 year after the date
of enactment of the National Invasive Species Act of
1996, and after providing notice and an opportunity for
public comment, the Secretary shall issue voluntary
guidelines to prevent the introduction and spread of
nonindigenous species in waters of the United States by
ballast water operations and other operations of
vessels equipped with ballast water tanks.
(2) Content of guidelines.--The voluntary guidelines
issued under this subsection shall--
(A) ensure to the maximum extent practicable
that aquatic nuisance species are not
discharged into waters of the United States
from vessels;
(B) apply to all vessels equipped with
ballast water tanks that operate in waters of
the United States;
(C) protect the safety of--
(i) each vessel; and
(ii) the crew and passengers of each
vessel;
(D) direct a vessel that is carrying ballast
water into waters of the United States after
operating beyond the exclusive economic zone
to--
(i) carry out the exchange of ballast
water of the vessel in waters beyond
the exclusive economic zone;
(ii) exchange the ballast water of
the vessel in other waters where the
exchange does not pose a threat of
infestation or spread of nonindigenous
species in waters of the United States,
as recommended by the Task Force under
section 1102(a)(1); or
(iii) use environmentally sound
alternative ballast water management
methods, including modification of the
vessel ballast water tanks and intake
systems, if the Secretary determines
that such alternative methods are at
least as effective as ballast water
exchange in preventing and controlling
infestations of aquatic nuisance
species;
(E) direct vessels to carry out management
practices that the Secretary determines to be
necessary to reduce the probability of
unintentional nonindigenous species transfer
resulting from--
(i) ship operations other than
ballast water discharge; and
(ii) ballasting practices of vessels
that enter waters of the United States
with no ballast water on board;
(F) provide for the keeping of records that
shall be submitted to the Secretary, as
prescribed by the guidelines, and that shall be
maintained on board each vessel and made
available for inspection, upon request of the
Secretary and in a manner consistent with
subsection (i), in order to enable the
Secretary to determine compliance with the
guidelines, including--
(i) with respect to each ballast
water exchange referred to in clause
(ii), reporting on the precise location
and thoroughness of the exchange; and
(ii) any other information that the
Secretary considers necessary to assess
the rate of effective compliance with
the guidelines;
(G) provide for sampling procedures to
monitor compliance with the guidelines;
(H) take into consideration--
(i) vessel types;
(ii) variations in the
characteristics of point of origin and
receiving water bodies;
(iii) variations in the ecological
conditions of waters and coastal areas
of the United States; and
(iv) different operating conditions;
(I) be based on the best scientific
information available;
(J) not affect or supersede any requirements
or prohibitions pertaining to the discharge of
ballast water into waters of the United States
under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.); and
(K) provide an exemption from ballast water
exchange requirements to passenger vessels with
operating ballast water systems that are
equipped with treatment systems designed to
kill aquatic organisms in ballast water, unless
the Secretary determines that such treatment
systems are less effective than ballast water
exchange at reducing the risk of transfers of
invasive species in the ballast water of
passenger vessels[; and].
[(L) not apply to crude oil tankers engaged
in the coastwise trade.]
(3) Education and technical assistance programs. Not
later than 1 year after the date of enactment of the
National Invasive Species Act of 1996, the Secretary
shall carry out education and technical assistance
programs and other measures to encourage compliance
with the guidelines issued under this subsection.
(d) * * *
SEC. 1205. RELATIONSHIP TO OTHER LAWS.
[16 U.S.C. 4725]
All actions taken by Federal agencies in implementing the
provisions of section 1202 shall be consistent with all
applicable Federal, State, and local environmental laws.
Nothing in this title shall affect the authority of any State
or political subdivision thereof to adopt or enforce control
measures for aquatic nuisance species, or diminish or affect
the jurisdiction of any State over species of fish and
wildlife. Compliance with the control and eradication measures
of any State or political subdivision thereof regarding aquatic
nuisance species shall not relieve any person of the obligation
to comply with the provisions of this subtitle. Ballast water
and discharges incidental to the normal operation of a
commercial vessel (as such terms are defined in the Commercial
Vessel Incidental Discharge Act), shall be regulated pursuant
to such Act.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER
CORPS
[33 U.S.C. 3001 et seq.]
SEC. 212. DEFINITIONS.
[33 U.S.C. 3002]
(a) Applicability of Definitions in Title 10, United States
Code.--Except as provided in subsection (b), the definitions
provided in section 101 of title 10, United States Code, apply
to the provisions of this title.
(b) Additional Definitions.--In this title:
(1) Active duty.--The term ``active duty'' means
full-time duty in the active service of a uniformed
service.
(2) Grade.--The term ``grade'' means a step or
degree, in a graduated scale of office or rank, that is
established and designated as a grade by law or
regulation.
(3) Officer.--The term ``officer'' means an officer
of the commissioned corps.
(4) Officer candidate.--The term ``officer
candidate'' means an individual who is enrolled in the
basic officer training program of the Administration
and is under consideration for appointment as an
officer under section 221(a)(2)(A).
[(4)](5) Flag officer.--The term ``flag officer''
means an officer serving in, or having the grade of,
vice admiral, rear admiral, or rear admiral (lower
half).
[(5)](6) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.
[(6)](7) Administration.--The term ``Administration''
means the National Oceanic and Atmospheric
Administration.
[SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.
[33 U.S.C. 3004]
[(a) Relative Rank; Proportion.--Of the total authorized
number of officers on the lineal list of the commissioned
corps, there are authorized numbers in permanent grade, in
relative rank with officers of the Navy, in proportions as
follows:
[(1) 8 in the grade of captain.
[(2) 14 in the grade of commander.
[(3) 19 in the grade of lieutenant commander.
[(4) 23 in the grade of lieutenant.
[(5) 18 in the grade of lieutenant (junior grade).
[(6) 18 in the grade of ensign.
[(b) Computation of Number in Grade.--
[(1) In general.--Subject to paragraph (2), whenever
a final fraction occurs in computing the authorized
number of officers in a grade, the nearest whole number
shall be taken, and if the fraction is one-half the
next higher whole number shall be taken.
[(2) Limitation on increase in total number.--The
total number of officers on the lineal list authorized
by law may not be increased as the result of the
computations prescribed in this section, and if
necessary the number of officers in the lowest grade
shall be reduced accordingly.
[(c) Preservation of Grade and Pay, etc.--No officer may be
reduced in grade or pay or separated from the commissioned
corps as the result of a computation made to determine the
authorized number of officers in the various grades.
[(d) Filling of Vacancies; Additional Numbers.--Nothing in
this section may be construed as requiring the filling of any
vacancy or as prohibiting additional numbers in any grade to
compensate for vacancies existing in higher grades.
[(e) Temporary Increase in Numbers.--The total number of
officers authorized by law to be on the lineal list during a
fiscal year may be temporarily exceeded so long as the average
number on that list during that fiscal year does not exceed the
authorized number.]
SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.
(a) Grades.--The commissioned grades in the commissioned
officer corps of the Administration are the following, in
relative rank with officers of the Navy:
(1) Vice admiral.
(2) Rear admiral.
(3) Rear admiral (lower half).
(4) Captain.
(5) Commander.
(6) Lieutenant commander.
(7) Lieutenant.
(8) Lieutenant (junior grade).
(9) Ensign.
(b) Grade Distribution.--The Secretary shall prescribe, with
respect to the distribution on the lineal list in grade, the
percentages applicable to the grades set forth in subsection
(a).
(c) Annual Computation of Number in Grade.--
(1) In general.--Not less frequently than once each
year, the Secretary shall make a computation to
determine the number of officers on the lineal list
authorized to be serving in each grade.
(2) Method of computation.--The number in each grade
shall be computed by applying the applicable percentage
to the total number of such officers serving on active
duty on the date the computation is made.
(3) Fractions.--If a final fraction occurs in
computing the authorized number of officers in a grade,
the nearest whole number shall be taken. If the
fraction is \1/2\, the next higher whole number shall
be taken.
(d) Temporary Increase in Numbers.--The total number of
officers authorized by law to be on the lineal list during a
fiscal year may be temporarily exceeded if the average number
on that list during that fiscal year does not exceed the
authorized number.
(e) Positions of Importance and Responsibility.--Officers
serving in positions designated under section 228(a) and
officers recalled from retired status shall not be counted when
computing authorized strengths under subsection (c) and shall
not count against those strengths.
(f) Preservation of Grade and Pay.--No officer may be reduced
in grade or pay or separated from the commissioned officer
corps of the Administration as the result of a computation made
to determine the authorized number of officers in the various
grades.
SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.
[33 U.S.C. 3005]
[Effective]
(a) In General.--Effective October 1, 2009, the total number
of authorized commissioned officers on the lineal list of the
commissioned corps of the National Oceanic and Atmospheric
Administration shall be increased from 321 to 379 if--
(1) the Secretary has submitted to the Congress--
(A) the Administration's ship
recapitalization plan for fiscal years 2010
through 2024;
(B) the Administration's aircraft
remodernization plan; and
(C) supporting workforce management plans;
(2) appropriated funding is available; and
(3) the Secretary has justified organizational needs
for the commissioned corps for each such fiscal year.
(b) Positions of Importance and Responsibility.--Officers
serving in positions designated under section 228 and officers
recalled from retired status or detailed to an agency other
than the Administration--
(1) may not be counted in determining the total
number of authorized officers on the lineal list under
this section; and
(2) may not count against such number.
SEC. 216. OBLIGATED SERVICE REQUIREMENT.
(a) In General.--
(1) Rulemaking.--The Secretary shall prescribe the
obligated service requirements for appointments,
training, promotions, separations, continuations, and
retirement of officers not otherwise covered by law.
(2) Written agreements.--The Secretary and officers
shall enter into written agreements that describe the
officers' obligated service requirements prescribed
under paragraph (1) in return for such appointments,
training, promotions, separations, and retirements as
the Secretary considers appropriate.
(b) Repayment for Failure to Satisfy Requirements.--
(1) In general.--The Secretary may require an officer
who fails to meet the service requirements prescribed
under subsection (a)(1) to reimburse the Secretary in
an amount that bears the same ratio to the total costs
of the training provided to that officer by the
Secretary as the unserved portion of active duty bears
to the total period of active duty the officer agreed
to serve.
(2) Obligation as debt to united states.--An
obligation to reimburse the Secretary under paragraph
(1) shall be considered for all purposes as a debt owed
to the United States.
(3) Discharge in bankruptcy.--A discharge in
bankruptcy under title 11 that is entered less than 5
years after the termination of a written agreement
entered into under subsection (a)(2) does not discharge
the individual signing the agreement from a debt
arising under such agreement.
(c) Waiver or Suspension of Compliance.--The Secretary may
waive the service obligation of an officer who--
(1) becomes unqualified to serve on active duty in
the commissioned officer corps of the Administration
because of a circumstance not within the control of
that officer; or
(2) is--
(A) not physically qualified for appointment;
and
(B) determined to be unqualified for service
in the commissioned officer corps of the
Administration because of a physical or medical
condition that was not the result of the
officer's own misconduct or grossly negligent
conduct.
SEC. 217. TRAINING AND PHYSICAL FITNESS.
(a) Training.--The Secretary may take such measures as may be
necessary to ensure that officers are prepared to carry out
their duties in the commissioned officer corps of the
Administration and proficient in the skills necessary to carry
out such duties. Such measures may include the following:
(1) Carrying out training programs and correspondence
courses, including establishing and operating a basic
officer training program to provide initial
indoctrination and maritime vocational training for
officer candidates as well as refresher training, mid-
career training, aviation training, and such other
training as the Secretary considers necessary for
officer development and proficiency.
(2) Providing officers and officer candidates with
books and school supplies.
(3) Acquiring such equipment as may be necessary for
training and instructional purposes.
(b) Physical Fitness.--The Secretary shall ensure that
officers maintain a high physical state of readiness by
establishing standards of physical fitness for officers that
are substantially equivalent to those prescribed for officers
in the Coast Guard.
SEC. 218. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS.
The Secretary may use for public relations purposes of the
Department of Commerce any advertising materials developed for
use for recruitment and retention of personnel for the
commissioned officer corps of the Administration. Any such use
shall be under such conditions and subject to such restrictions
as the Secretary shall prescribe.
[SEC. 221. ORIGINAL APPOINTMENTS.
[33 U.S.C. 3021]
[(a) In General.--
[(1) Grades.--Original appointments may be made in
the grades of ensign, lieutenant (junior grade), and
lieutenant.
[(2) Qualifications.--Under regulations prescribed by
the Secretary, such an appointment may be given only to
a person who--
[(A) meets the qualification requirements
specified in paragraphs (1) through (4) of
section 532(a) of title 10, United States Code;
and
[(B) has such other special qualifications as
the Secretary may prescribe by regulation.
[(3) Examination.--A person may be given such an
appointment only after passage of a mental and physical
examination given in accordance with regulations
prescribed by the Secretary.
[(4) Revocation of commission of officers found not
qualified.--The President may revoke the commission of
any officer appointed under this section during the
officer's first three years of service if the officer
is found not qualified for the service. Any such
revocation shall be made under regulations prescribed
by the President.
[(b) Lineal List.--Each person appointed under this section
shall be placed on the lineal list in a position commensurate
with that person's age, education, and experience, in
accordance with regulations prescribed by the Secretary.
[(c) Service Credit Upon Original Appointment in Grade Above
Ensign.--
[(1) In general.--For the purposes of basic pay, a
person appointed under this section in the grade of
lieutenant shall be credited as having, on the date of
that appointment, three years of service, and a person
appointed under this section in the grade of lieutenant
(junior grade) shall be credited as having, as of the
date of that appointment, 1 1/2 years of service.
[(2) Higher credit under other law.--If a person
appointed under this section is entitled to credit for
the purpose of basic pay under any other provision of
law that would exceed the amount of credit authorized
by paragraph (1), that person shall be credited with
that amount of service in lieu of the credit authorized
by paragraph (1).]
SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.
(a) Original Appointments.--
(1) Grades.--
(A) In general.--Except as provided in
subparagraph (B), an original appointment of an
officer may be made in such grades as may be
appropriate for--
(i) the qualification, experience,
and length of service of the appointee;
and
(ii) the commissioned officer corps
of the Administration.
(B) Appointment of officer candidates.--
(i) Limitation on grade.--An original
appointment of an officer candidate,
upon graduation from the basic officer
training program of the commissioned
officer corps of the Administration,
may not be made in any other grade than
ensign.
(ii) Rank.--Officer candidates
receiving appointments as ensigns upon
graduation from basic officer training
program shall take rank according to
their proficiency as shown by the order
of their merit at date of graduation.
(2) Source of appointments.--An original appointment
may be made from among the following:
(A) Graduates of the basic officer training
program of the commissioned officer corps of
the Administration.
(B) Graduates of the military service
academies of the United States who otherwise
meet the academic standards for enrollment in
the training program described in subparagraph
(A).
(C) Graduates of the maritime academies of
the States who--
(i) otherwise meet the academic
standards for enrollment in the
training program described in
subparagraph (A);
(ii) completed at least 3 years of
regimented training while at a maritime
academy of a State; and
(iii) obtained an unlimited tonnage
or unlimited horsepower Merchant
Mariner Credential from the United
States Coast Guard.
(D) Licensed officers of the United States
merchant marine who have served 2 or more years
aboard a vessel of the United States in the
capacity of a licensed officer, who otherwise
meet the academic standards for enrollment in
the training program described in subparagraph
(A).
(3) Definitions.--In this subsection:
(A) Maritime academies of the states.--The
term ``maritime academies of the States'' means
the following:
(i) California Maritime Academy,
Vallejo, California.
(ii) Great Lakes Maritime Academy,
Traverse City, Michigan.
(iii) Maine Maritime Academy,
Castine, Maine.
(iv) Massachusetts Maritime Academy,
Buzzards Bay, Massachusetts.
(v) State University of New York
Maritime College, Fort Schuyler, New
York.
(vi) Texas A&M Maritime Academy,
Galveston, Texas.
(B) Military service academies of the united
states.--The term ``military service academies
of the United States'' means the following:
(i) The United States Military
Academy, West Point, New York.
(ii) The United States Naval Academy,
Annapolis, Maryland.
(iii) The United States Air Force
Academy, Colorado Springs, Colorado.
(iv) The United States Coast Guard
Academy, New London, Connecticut.
(v) The United States Merchant Marine
Academy, Kings Point, New York.
(b) Reappointment.--
(1) In general.--Except as provided in paragraph (2),
an individual who previously served in the commissioned
officer corps of the Administration may be appointed by
the Secretary to the grade the individual held prior to
separation.
(2) Reappointments to higher grades.--An appointment
under paragraph (1) to a position of importance and
responsibility designated under section 228 may only be
made by the President.
(c) Qualifications.--An appointment under subsection (a) or
(b) may not be given to an individual until the individual's
mental, moral, physical, and professional fitness to perform
the duties of an officer has been established under such
regulations as the Secretary shall prescribe.
(d) Precedence of Appointees.--Appointees under this section
shall take precedence in the grade to which appointed in
accordance with the dates of their commissions as commissioned
officers in such grade. Appointees whose dates of commission
are the same shall take precedence with each other as the
Secretary shall determine.
(e) Inter-Service Transfers.--For inter-service transfers (as
described in the Department of Defense Directive 1300.4 (dated
December 27, 2006)) the Secretary shall--
(1) coordinate with the Secretary of Defense and the
Secretary of the Department in which the Coast Guard is
operating to promote and streamline inter-service
transfers;
(2) give preference to such inter-service transfers
for recruitment purposes as determined appropriate by
the Secretary; and
(3) reappoint such inter-service transfers to the
equivalent grade in the commissioned officer corps.
[SEC. 222. PERSONNEL BOARDS.
[33 U.S.C. 3022]
[(a) Convening.--At least once a year and at such other times
as the Secretary determines necessary, the Secretary shall
convene a personnel board. A personnel board shall consist of
not less than five officers on the lineal list in the permanent
grade of commander or above.
[(b) Duties.--Each personnel board shall--
[(1) recommend to the Secretary such changes in the
lineal list as the board may determine; and
[(2) make selections and recommendations to the
Secretary and President for the appointment, promotion,
separation, continuation, and retirement of officers as
prescribed in this subtitle and subtitle C.
[(c) Action on Recommendations Not Acceptable.--In a case in
which any recommendation by a board convened under subsection
(a) is not accepted by the Secretary or the President, the
board shall make such further recommendations as are
acceptable.]
SEC. 222. PERSONNEL BOARDS.
(a) Convening.--Not less frequently than once each year and
at such other times as the Secretary determines necessary, the
Secretary shall convene a personnel board.
(b) Membership.--
(1) In general.--A board convened under subsection
(a) shall consist of 5 or more officers who are serving
in or above the permanent grade of the officers under
consideration by the board.
(2) Retired officers.--Officers on the retired list
may be recalled to serve on such personnel boards as
the Secretary considers necessary.
(3) No membership on 2 successive boards.--No officer
may be a member of 2 successive personnel boards
convened to consider officers of the same grade for
promotion or separation.
(c) Duties.--Each personnel board shall--
(1) recommend to the Secretary such changes as may be
necessary to correct any erroneous position on the
lineal list that was caused by administrative error;
and
(2) make selections and recommendations to the
Secretary and the President for the appointment,
promotion, involuntary separation, continuation, and
involuntary retirement of officers in the commissioned
officer corps of the Administration as prescribed in
this title.
(d) Action on Recommendations Not Acceptable.--If any
recommendation by a board convened under subsection (a) is not
accepted by the Secretary or the President, the board shall
make such further recommendations as the Secretary or the
President considers appropriate.
SEC. 226. APPOINTMENTS AND PROMOTIONS TO PERMANENT GRADES.
[33 U.S.C. 3026]
[Appointments]
(a) In General.--Appointments in and promotions to all
permanent grades shall be made by the President.
(b) Delegation of Appointment Authority.--If the President
delegates authority to the Secretary to make appointments under
this section, the President shall, during a period in which the
position of the Secretary is vacant, delegate such authority to
the Deputy Secretary of Commerce or the Under Secretary for
Oceans and Atmosphere during such period.
SEC. 228. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.
[33 U.S.C. 3028]
* * * * * * *
(c) Director of NOAA Corps and Assistant Administrator of The
Office of Marine and Aviation Operations.--The Secretary shall
designate one position under this section as responsible for
oversight of the vessel and aircraft fleets and for the
administration of the commissioned officer corps. That position
shall be filled by an officer on the lineal list serving in or
above the grade of rear admiral (lower half). For the specific
purpose of administering the commissioned officer corps, that
position shall carry the title of Director of the National
Oceanic and Atmospheric Administration Commissioned Officer
Corps. For the specific purpose of administering the vessel and
aircraft fleets, that position shall carry the title of
[Director] Assistant Administrator of the Office of Marine and
Aviation Operations.
* * * * * * *
[SEC. 229. TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY.
[33 U.S.C. 3029]
[(a) Ensign.--Temporary appointments in the grade of ensign
may be made by the President. Each such temporary appointment
terminates at the close of the next regular session of the
Congress.
[(b) Lieutenant (Junior Grade).--Officers in the permanent
grade of ensign may be temporarily promoted to and appointed in
the grade of lieutenant (junior grade) by the President
whenever vacancies exist in higher grades.
[(c) Any One Grade.--When determined by the Secretary to be
in the best interest of the service, officers in any permanent
grade may be temporarily promoted one grade by the President.
Any such temporary promotion terminates upon the transfer of
the officer to a new assignment.]
SEC. 229. TEMPORARY APPOINTMENTS.
(a) Appointments by President.--Temporary appointments in the
grade of ensign, lieutenant junior grade, or lieutenant may be
made by the President.
(b) Termination.--A temporary appointment to a position under
subsection (a) shall terminate upon approval of a permanent
appointment for such position made by the President.
(c) Order of Precedence.--Appointees under subsection (a)
shall take precedence in the grade to which appointed in
accordance with the dates of their appointments as officers in
such grade. The order of precedence of appointees who are
appointed on the same date shall be determined by the
Secretary.
(d) Any One Grade.--When determined by the Secretary to be in
the best interest of the commissioned officer corps, officers
in any permanent grade may be temporarily promoted one grade by
the President. Any such temporary promotion terminates upon the
transfer of the officer to a new assignment.
(e) Delegation of Appointment Authority.--If the President
delegates authority to the Secretary to make appointments under
this section, the President shall, during a period in which the
position of the Secretary is vacant, delegate such authority to
the Deputy Secretary of Commerce or the Under Secretary for
Oceans and Atmosphere during such period.
SEC. 234. OFFICER CANDIDATES.
(a) Determination of Number.--The Secretary shall determine
the number of appointments of officer candidates.
(b) Appointment.--Appointment of officer candidates shall be
made under regulations which the Secretary shall prescribe,
including regulations with respect to determining age limits,
methods of selection of officer candidates, term of service as
an officer candidate before graduation from the program, and
all other matters affecting such appointment.
(c) Dismissal.--The Secretary may dismiss from the basic
officer training program of the Administration any officer
candidate who, during the officer candidate's term as an
officer candidate, the Secretary considers unsatisfactory in
either academics or conduct, or not adapted for a career in the
commissioned officer corps of the Administration. Officer
candidates shall be subject to rules governing discipline
prescribed by the Director of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps.
(d) Agreement.--
(1) In general.--Each officer candidate shall sign an
agreement with the Secretary in accordance with section
216(a)(2) regarding the officer candidate's term of
service in the commissioned officer corps of the
Administration.
(2) Elements.--An agreement signed by an officer
candidate under paragraph (1) shall provide that the
officer candidate agrees to the following:
(A) That the officer candidate will complete
the course of instruction at the basic officer
training program of the Administration.
(B) That upon graduation from the such
program, the officer candidate--
(i) will accept an appointment, if
tendered, as an officer; and
(ii) will serve on active duty for at
least 4 years immediately after such
appointment.
(e) Regulations.--The Secretary shall prescribe regulations
to carry out this section. Such regulations shall include--
(1) standards for determining what constitutes a
breach of an agreement signed under such subsection
(d)(1); and
(2) procedures for determining whether such a breach
has occurred.
(f) Repayment.--An officer candidate or former officer
candidate who does not fulfill the terms of the obligation to
serve as specified under section (d) shall be subject to the
repayment provisions of section 216(b).
SEC. 235. PROCUREMENT OF PERSONNEL.
The Secretary may make such expenditures as the Secretary
considers necessary in order to obtain recruits for the
commissioned officer corps of the Administration, including
advertising.
SEC. 241. INVOLUNTARY RETIREMENT OR SEPARATION.
[33 U.S.C. 3041]
(a) Transfer of Officers to Retired List; Separation From
Service.--As recommended by a personnel board convened under
section 222--
(1) an officer in the permanent grade of captain or
commander may be transferred to the retired list; and
(2) an officer in the permanent grade of lieutenant
commander, lieutenant, or lieutenant (junior grade) who
is not qualified for retirement may be separated from
the service.
(b) Computations.--In any fiscal year, the total number of
officers selected for retirement or separation under subsection
(a) plus the number of officers retired for age may not exceed
the whole number nearest 4 percent of the total number of
officers authorized to be on the active list, except as
otherwise provided by law.
(c) Effective Date of Retirements and Separations.--A
retirement or separation under subsection (a) shall take effect
on the first day of the sixth month beginning after the date on
which the Secretary approves the retirement or separation,
except that if the officer concerned requests an earlier
retirement or separation date, the date shall be as determined
by the Secretary.
(d) Deferment of Retirement or Separation for Medical
Reasons.--
(1) In general.--If the Secretary determines that the
evaluation of the medical condition of an officer
requires hospitalization or medical observation that
cannot be completed with confidence in a manner
consistent with the officer's well being before the
date on which the officer would otherwise be required
to retire or be separated under this section, the
Secretary may defer the retirement or separation of the
officer.
(2) Consent required.--A deferment may only be made
with the written consent of the officer involved. If
the officer does not provide written consent to the
deferment, the officer shall be retired or separated as
scheduled.
(3) Limitation.--A deferral of retirement or
separation under this subsection may not extend for
more than 30 days after completion of the evaluation
requiring hospitalization or medical observation.
SEC. 242. SEPARATION PAY.
[33 U.S.C. 3042]
(a) Authorization of Payment.--An officer who is separated
under section 241(a)(2) and who has completed more than three
years of continuous active service immediately before that
separation is entitled to separation pay computed under
subsection (b) unless the Secretary determines that the
conditions under which the officer is separated do not warrant
payment of that pay.
(b) Amount of Separation Pay.--
(1) Six or more years.--In the case of an officer who
has completed six or more years of continuous active
service immediately before that separation, the amount
of separation pay to be paid to the officer under this
section is 10 percent of the product of--
(A) the years of active service creditable to
the officer; and
(B) 12 times the monthly basic pay to which
the officer was entitled at the time of
separation.
(2) Three to six years.--In the case of an officer
who has completed three or more but fewer than six
years of continuous active service immediately before
that separation, the amount of separation pay to be
paid to the officer under this section is one-half of
the amount computed under paragraph (1).
(c) Other Conditions, Requirements, and Administrative
Provisions.--The provisions of subsections (f), (g), and (h) of
section 1174 of title 10, United States Code, shall apply to
separation pay under this section in the same manner as such
provisions apply to separation pay under that section.
(d) Exception.--An officer discharged for twice failing
selection for promotion to the next higher grade is not
entitled to separation pay under this section if the officer--
(1) expresses a desire not to be selected for
promotion; or
(2) requests removal from the list of selectees.
SEC. 261. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED
STATES CODE.
[33 U.S.C. 3071]
(a) Provisions Made Applicable to the Corps.--The rules of
law that apply to the Armed Forces under the following
provisions of title 10, United States Code, as those provisions
are in effect from time to time, apply also to the commissioned
officer corps of the Administration:
(1) Chapter 40, relating to leave.
(2) Section 533(b), relating to constructive service.
(3) Section 716, relating to transfers between the
armed forces and to and from National Oceanic and
Atmospheric Administration.
(4) Section 771, relating to unauthorized wearing of
uniforms.
(5) Section 774, relating to wearing religious
apparel while in uniform.
(6) Section 982, relating to service on State and
local juries.
(7) Section 1031, relating to administration of
oaths.
(8) Section 1034, relating to protected
communications and prohibition of retaliatory personnel
actions.
[(4)] (9) Section 1035, relating to deposits of
savings.
[(5)] (10) Section 1036, relating to transportation
and travel allowances for escorts for dependents of
members.
[(6)] (11) Section 1052, relating to reimbursement
for adoption expenses.
[(11)](12) Section 1074n, relating to annual mental
health assessments.
[(12)](13) Section 1090a, relating to referrals for
mental health evaluations.
[(13)](14) Chapter 58, relating to the Benefits and
Services for members being separated or recently
separated.
[(7)](15) Section 1174a, relating to special
separation benefits (except that benefits under
subsection (b)(2)(B) of such section are subject to the
availability of appropriations for such purpose and are
provided at the discretion of the Secretary of
Commerce).
[(8)](16) Chapter 61, relating to retirement or
separation for physical disability.
[(9)](17) Chapter 69, relating to retired grade,
except sections 1370, 1375, and 1376.
[(10)](18) Chapter 71, relating to computation of
retired pay.
[(11)](19) Chapter 73, relating to annuities based on
retired or retainer pay.
[(12)](20) Subchapter II of chapter 75, relating to
death benefits.
(21) Subchapter I of chapter 88, relating to Military
Family Programs.
(22) Section 2005, relating to advanced education
assistance, active duty agreements, and reimbursement
requirements.
[(13)](23) Section 2634, relating to transportation
of motor vehicles for members on permanent change of
station.
[(14)](24) Sections 2731 and 2735, relating to
property loss incident to service.
[(15)](25) Section 2771, relating to final settlement
of accounts of deceased members.
[(16)](26) Such other provisions of subtitle A of
that title as may be adopted for applicability to the
commissioned officer corps of the National Oceanic and
Atmospheric Administration by any other provision of
law.
(b) References.--The authority vested by title 10, United
States Code, in the ``military departments'', ``the Secretary
concerned'', or ``the Secretary of Defense'' with respect to
the provisions of law referred to in subsection (a) shall be
exercised, with respect to the commissioned officer corps of
the Administration, by the Secretary of Commerce or the
Secretary's designee. For purposes of paragraph (8) of
subsection (a), the term ``Inspector General'' in section 1034
of such title 10 shall mean the Inspector General of the
Department of Commerce.
(c) Regulations Regarding Protected Communications and
Prohibition of Retaliatory Personnel Actions.--The Secretary
may promulgate regulations to carry out the application of
section 1034 of title 10, United States Code, to the
commissioned officer corps of the Administration, including by
promulgating such administrative procedures for investigation
and appeal within the commissioned officer corps as the
Secretary considers appropriate.
SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED
STATES CODE.
(a) Provisions Made Applicable to Commissioned Officer
Corps.--The provisions of law applicable to the Armed Forces
under the following provisions of title 37, United States Code,
shall apply to the commissioned officer corps of the
Administration:
(1) Section 324, relating to accession bonuses for
new officers in critical skills.
(2) Section 403(f)(3), relating to prescribing
regulations defining the terms ``field duty'' and ``sea
duty''.
(3) Section 403(l), relating to temporary
continuation of housing allowance for dependents of
members dying on active duty.
(4) Section 488, relating to allowances for
recruiting expenses.
(5) Section 495, relating to allowances for funeral
honors duty.
(b) References.--The authority vested by title 37, United
States Code, in the ``military departments'', ``the Secretary
concerned'', or ``the Secretary of Defense'' with respect to
the provisions of law referred to in subsection (a) shall be
exercised, with respect to the commissioned officer corps of
the Administration, by the Secretary of Commerce or the
Secretary's designee.
SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.
(a) Authority To Repay Education Loans.--For the purpose of
maintaining adequate numbers of officers of the commissioned
officer corps of the Administration on active duty who have
skills required by the commissioned officer corps, the
Secretary may repay, in the case of a person described in
subsection (b), a loan that--
(1) was used by the person to finance education; and
(2) was obtained from a governmental entity, private
financial institution, educational institution, or
other authorized entity.
(b) Eligible Persons.--To be eligible to obtain a loan
repayment under this section, a person must--
(1) satisfy 1 of the requirements specified in
subsection (c);
(2) be fully qualified for, or hold, an appointment
as a commissioned officer in the commissioned officer
corps of the Administration; and
(3) sign a written agreement to serve on active duty,
or, if on active duty, to remain on active duty for a
period in addition to any other incurred active duty
obligation.
(c) Academic and Professional Requirements.--One of the
following academic requirements must be satisfied for purposes
of determining the eligibility of an individual for a loan
repayment under this section:
(1) The person is fully qualified in a profession
that the Secretary has determined to be necessary to
meet identified skill shortages in the commissioned
officer corps.
(2) The person is enrolled as a full-time student in
the final year of a course of study at an accredited
educational institution (as determined by the Secretary
of Education) leading to a degree in a profession that
will meet identified skill shortages in the
commissioned officer corps.
(d) Loan Repayments.--
(1) In general.--Subject to the limits established
under paragraph (2), a loan repayment under this
section may consist of the payment of the principal,
interest, and related expenses of a loan obtained by a
person described in subsection (b).
(2) Limitation on amount.--For each year of obligated
service that a person agrees to serve in an agreement
described in subsection (b)(3), the Secretary may pay
not more than the amount specified in section
2173(e)(2) of title 10, United States Code.
(e) Active Duty Service Obligation.--
(1) In general.--A person entering into an agreement
described in subsection (b)(3) incurs an active duty
service obligation.
(2) Length of obligation determined under
regulations.--
(A) In general.--Except as provided in
subparagraph (B), the length of the obligation
under paragraph (1) shall be determined under
regulations prescribed by the Secretary.
(B) Minimum obligation.--The regulations
prescribed under subparagraph (A) may not
provide for a period of obligation of less than
1 year for each maximum annual amount, or
portion thereof, paid on behalf of the person
for qualified loans.
(3) Persons on active duty before entering into
agreement.--The active duty service obligation of
persons on active duty before entering into the
agreement shall be served after the conclusion of any
other obligation incurred under the agreement.
(f) Effect of Failure To Complete Obligation.--
(1) Alternative obligations.--An officer who is
relieved of the officer's active duty obligation under
this section before the completion of that obligation
may be given any alternative obligation, at the
discretion of the Secretary.
(2) Repayment.--An officer who does not complete the
period of active duty specified in the agreement
entered into under subsection (b)(3), or the
alternative obligation imposed under paragraph (1),
shall be subject to the repayment provisions under
section 216.
(g) Rulemaking.--The Secretary shall prescribe regulations to
carry out this section, including--
(1) standards for qualified loans and authorized
payees; and
(2) other terms and conditions for the making of loan
repayments.
SEC. 268. INTEREST PAYMENT PROGRAM.
(a) Authority.--The Secretary may pay the interest and any
special allowances that accrue on 1 or more student loans of an
eligible officer, in accordance with this section.
(b) Eligible Officers.--An officer is eligible for the
benefit described in subsection (a) while the officer--
(1) is serving on active duty;
(2) has not completed more than 3 years of service on
active duty;
(3) is the debtor on 1 or more unpaid loans described
in subsection (c); and
(4) is not in default on any such loan.
(c) Student Loans.--The authority to make payments under
subsection (a) may be exercised with respect to the following
loans:
(1) A loan made, insured, or guaranteed under part B
of title IV of the Higher Education Act of 1965 (20
U.S.C. 1071 et seq.).
(2) A loan made under part D of such title (20 U.S.C.
1087a et seq.).
(3) A loan made under part E of such title (20 U.S.C.
1087aa et seq.).
(d) Maximum Benefit.--Interest and any special allowance may
be paid on behalf of an officer under this section for any of
the 36 consecutive months during which the officer is eligible
under subsection (b).
(e) Funds for Payments.--The Secretary may use amounts
appropriated for the pay and allowances of personnel of the
commissioned officer corps of the Administration for payments
under this section.
(f) Coordination With Secretary of Education.--
(1) In general.--The Secretary shall consult with the
Secretary of Education regarding the administration of
this section.
(2) Transfer of funds.--The Secretary shall transfer
to the Secretary of Education the funds necessary--
(A) to pay interest and special allowances on
student loans under this section (in accordance
with sections 428(o), 455(l), and 464(j) of the
Higher Education Act of 1965 (20 U.S.C.
1078(o), 1087e(l), and 1087dd(j)); and
(B) to reimburse the Secretary of Education
for any reasonable administrative costs
incurred by the Secretary in coordinating the
program under this section with the
administration of the student loan programs
under parts B, D, and E of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1071 et
seq., 1087a et seq., 1087aa et seq.).
(g) Special Allowance Defined.--In this section, the term
``special allowance'' means a special allowance that is payable
under section 438 of the Higher Education Act of 1965 (20
U.S.C. 1087-1).
SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE PROGRAM.
(a) Authority To Provide Financial Assistance.--For the
purpose of maintaining adequate numbers of officers of the
commissioned officer corps of the Administration on active
duty, the Secretary may provide financial assistance to a
person described in subsection (b) for expenses of the person
while the person is pursuing on a full-time basis at an
accredited educational institution (as determined by the
Secretary of Education) a program of education approved by the
Secretary that leads to--
(1) a baccalaureate degree in not more than 5
academic years; or
(2) a postbaccalaureate degree.
(b) Eligible Persons.--
(1) In general.--A person is eligible to obtain
financial assistance under subsection (a) if the
person--
(A) is enrolled on a full-time basis in a
program of education referred to in subsection
(a) at any educational institution described in
such subsection;
(B) meets all of the requirements for
acceptance into the commissioned officer corps
of the Administration except for the completion
of a baccalaureate degree; and
(C) enters into a written agreement with the
Secretary described in paragraph (2).
(2) Agreement.--A written agreement referred to in
paragraph (1)(C) is an agreement between the person and
the Secretary in which the person--
(A) agrees to accept an appointment as an
officer, if tendered; and
(B) upon completion of the person's
educational program, agrees to serve on active
duty, immediately after appointment, for--
(i) up to 3 years if the person
received less than 3 years of
assistance; and
(ii) up to 5 years if the person
received at least 3 years of
assistance.
(c) Qualifying Expenses.--Expenses for which financial
assistance may be provided under subsection (a) are the
following:
(1) Tuition and fees charged by the educational
institution involved.
(2) The cost of books.
(3) In the case of a program of education leading to
a baccalaureate degree, laboratory expenses.
(4) Such other expenses as the Secretary considers
appropriate.
(d) Limitation on Amount.--The Secretary shall prescribe the
amount of financial assistance provided to a person under
subsection (a), which may not exceed the amount specified in
section 2173(e)(2) of title 10, United States Code, for each
year of obligated service that a person agrees to serve in an
agreement described in subsection (b)(2).
(e) Duration of Assistance.--Financial assistance may be
provided to a person under subsection (a) for not more than 5
consecutive academic years.
(f) Subsistence Allowance.--
(1) In general.--A person who receives financial
assistance under subsection (a) shall be entitled to a
monthly subsistence allowance at a rate prescribed
under paragraph (2) for the duration of the period for
which the person receives such financial assistance.
(2) Determination of amount.--The Secretary shall
prescribe monthly rates for subsistence allowance
provided under paragraph (1), which shall be equal to
the amount specified in section 2144(a) of title 10,
United States Code.
(g) Initial Clothing Allowance.--
(1) Training.--The Secretary may prescribe a sum
which shall be credited to each person who receives
financial assistance under subsection (a) to cover the
cost of the person's initial clothing and equipment
issue.
(2) Appointment.--Upon completion of the program of
education for which a person receives financial
assistance under subsection (a) and acceptance of
appointment in the commissioned officer corps of the
Administration, the person may be issued a subsequent
clothing allowance equivalent to that normally provided
to a newly appointed officer.
(h) Termination of Financial Assistance.--
(1) In general.--The Secretary shall terminate the
assistance provided to a person under this section if--
(A) the Secretary accepts a request by the
person to be released from an agreement
described in subsection (b)(2);
(B) the misconduct of the person results in a
failure to complete the period of active duty
required under the agreement; or
(C) the person fails to fulfill any term or
condition of the agreement.
(2) Reimbursement.--The Secretary may require a
person who receives assistance described in subsection
(c), (f), or (g) under an agreement entered into under
subsection (b)(1)(C) to reimburse the Secretary in an
amount that bears the same ratio to the total costs of
the assistance provided to that person as the unserved
portion of active duty bears to the total period of
active duty the officer agreed to serve under the
agreement.
(3) Waiver.--The Secretary may waive the service
obligation of a person through an agreement entered
into under subsection (b)(1)(C) if the person--
(A) becomes unqualified to serve on active
duty in the commissioned officer corps of the
Administration because of a circumstance not
within the control of that person; or
(B) is--
(i) not physically qualified for
appointment; and
(ii) determined to be unqualified for
service in the commissioned officer
corps of the Administration because of
a physical or medical condition that
was not the result of the person's own
misconduct or grossly negligent
conduct.
(4) Obligation as debt to united states.--An
obligation to reimburse the Secretary imposed under
paragraph (2) is, for all purposes, a debt owed to the
United States.
(5) Discharge in bankruptcy.--A discharge in
bankruptcy under title 11, United States Code, that is
entered less than 5 years after the termination of a
written agreement entered into under subsection
(b)(1)(C) does not discharge the person signing the
agreement from a debt arising under such agreement or
under paragraph (2).
(i) Regulations.--The Secretary may promulgate such
regulations and orders as the Secretary considers appropriate
to carry out this section.
SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS AS
EMPLOYMENT IN ADMINISTRATION FOR PURPOSES OF
CERTAIN HIRING DECISIONS.
(a) In General.--In any case in which the Secretary accepts
an application for a position of employment with the
Administration and limits consideration of applications for
such position to applications submitted by individuals serving
in a career or career-conditional position in the competitive
service within the Administration, the Secretary shall deem an
officer who has served as an officer in the commissioned
officer corps for at least 3 years to be serving in a career or
career-conditional position in the competitive service within
the Administration for purposes of such limitation.
(b) Career Appointments.--If the Secretary selects an
application submitted by an officer described in subsection (a)
for a position described in such subsection, the Secretary
shall give such officer a career or career-conditional
appointment in the competitive service, as appropriate.
(c) Competitive Service Defined.--In this section, the term
``competitive service'' has the meaning given the term in
section 2102 of title 5, United States Code.
HIGHER EDUCATION ACT OF 1965
[20 U.S.C. 1001 et seq.]
SEC. 428. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST COSTS.
[20 U.S.C. 1078]
* * * * * * *
(o) [Armed Forces Student Loan Interest Payment Program]
Armed Forces and NOAA Commissioned Officer Corps Student Loan
Interest Payment Programs.--
(1) Authority.--Using funds received by transfer to
the Secretary under section 2174 of title 10, United
States Code, or section 268 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps
Act of 2002 for the payment of interest and any special
allowance on a loan to a member of the Armed Forces or
an officer in the commissioned officer corps of the
National Oceanic and Atmospheric Administration,
respectively, that is made, insured, or guaranteed
under this part, the Secretary shall pay the interest
and special allowance on such loan as due for a period
not in excess of 36 consecutive months. The Secretary
may not pay interest or any special allowance on such a
loan out of any funds other than funds that have been
so transferred.
(2) Forbearance.--During the period in which the
Secretary is making payments on a loan under paragraph
(1), the lender shall grant the borrower forbearance in
accordance with the guaranty agreement under subsection
(c)(3)(A)(i)(IV).
(3) Special allowance defined.--For the purposes of
this subsection, the term ``special allowance'', means
a special allowance that is payable with respect to a
loan under section 438.
SEC. 455. TERMS AND CONDITIONS OF LOANS.
[20 U.S.C. 1087e]
* * * * * * *
(l) [Armed Forces Student Loan Interest Payment Program]
Armed Forces and NOAA Commissioned Officer Corps Student Loan
Interest Payment Programs.--
(1) Authority.--Using funds received by transfer to
the Secretary under section 2174 of title 10, United
States Code, or section 268 of the National Oceanic
and Atmospheric Administration Commissioned Officer
Corps Act of 2002 for the payment of interest on a loan
made under this part to a member of the Armed Forces or
an officer in the commissioned officer corps of the
National Oceanic and Atmospheric Administration,
respectively, the Secretary shall pay the interest on
the loan as due for a period not in excess of 36
consecutive months. The Secretary may not pay interest
on such a loan out of any funds other than funds that
have been so transferred.
(2) Forbearance.--During the period in which the
Secretary is making payments on a loan under paragraph
(1), the Secretary shall grant the borrower
forbearance, in the form of a temporary cessation of
all payments on the loan other than the payments of
interest on the loan that are made under that
paragraph.
* * * * * * *
SEC. 464. TERMS OF LOANS.
[20 U.S.C. 1087dd]
* * * * * * *
(j) [Armed Forces Student Loan Interest Payment Program]
Armed Forces and NOAA Commissioned Officer Corps Student Loan
Interest Payment Programs.--
(1) Authority.--Using funds received by transfer to
the Secretary under section 2174 of title 10, United
States Code, or section 268 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps
Act of 2002 for the payment of interest on a loan made
under this part to a member of the Armed Forces or an
officer in the commissioned officer corps of the
National Oceanic and Atmospheric Administration,
respectively, the Secretary shall pay the interest on
the loan as due for a period not in excess of 36
consecutive months. The Secretary may not pay interest
on such a loan out of any funds other than funds that
have been so transferred.
(2) Forbearance.--During the period in which the
Secretary is making payments on a loan under paragraph
(1), the institution of higher education shall grant
the borrower forbearance in accordance with subsection
(e)(1)(C).
* * * * * * *
HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF 1998
[33 U.S.C. 892 et seq.]
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
[33 U.S.C. 892d]
[There are]
(a) In General.--There are authorized to be appropriated to
the Administrator the following:
(1) To carry out nautical mapping and charting
functions under sections 304 and 305, except for
conducting hydrographic [surveys--]
[(A) $55,000,000 for fiscal year 2009;
[(B) $56,000,000 for fiscal year 2010;
[(C) $57,000,000 for fiscal year 2011; and]
[(D) $58,000,000 for fiscal year 2012.]
surveys, $70,814,000 for each of fiscal years
2017 through 2021.
(2) To contract for hydrographic surveys under
section 304(b)(1), including the leasing or time
chartering of [vessels--]
[(A) $32,130,000 for fiscal year 2009;
[(B) $32,760,000 for fiscal year 2010;
[(C) $33,390,000 for fiscal year 2011; and]
[(D) $34,020,000 for fiscal year 2012.]
vessels, $25,000,000 for each of fiscal years
2017 through 2021.
(3) To operate hydrographic survey vessels owned by
the United States and operated by the [Administration--
]
[(A) $25,900,000 for fiscal year 2009;
[(B) $26,400,000 for fiscal year 2010;
[(C) $26,900,000 for fiscal year 2011; and]
[(D) $27,400,000 for fiscal year 2012.]
Administration, $29,932,000 for each of fiscal
years 2017 through 2021.
(4) To carry out geodetic functions under this
[title--]
[(A) $32,640,000 for fiscal year 2009;
[(B) $33,280,000 for fiscal year 2010;
[(C) $33,920,000 for fiscal year 2011; and]
[(D) $34,560,000 for fiscal year 2012.]
title, $26,800,000 for each of fiscal years
2017 through 2021.
(5) To carry out tide and current measurement
functions under this [title--]
[(A) $27,000,000 for fiscal year 2009;
[(B) $27,500,000 for fiscal year 2010;
[(C) $28,000,000 for fiscal year 2011; and]
[(D) $28,500,000 for fiscal year 2012.]
title, $30,564,000 for each of fiscal years
2017 through 2021.
(6) To acquire a replacement hydrographic survey
vessel capable of staying at sea continuously for at
least 30 days $75,000,000.
(b) Arctic Programs.--Of the amount authorized by this
section for each fiscal year--
(1) $10,000,000 is authorized for use--
(A) to acquire hydrographic data;
(B) to provide hydrographic services;
(C) to conduct coastal change analyses
necessary to ensure safe navigation;
(D) to improve the management of coastal
change in the Arctic; and
(E) to reduce risks of harm to Alaska Native
subsistence and coastal communities associated
with increased international maritime traffic;
and
(2) $2,000,000 is authorized for use to acquire
hydrographic data and provide hydrographic services in
the Arctic necessary to delineate the United States
extended Continental Shelf.
(c) Limitation on Administrative Expenses for Surveys.--Of
amounts authorized by this section for each fiscal year for
contract hydrographic surveys, not more than 5 percent is
authorized for administrative costs associated with contract
management.
[all]