Union Calendar No. 133
115th CONGRESS 1st Session |
[Report No. 115–194]
To authorize appropriations for the Coast Guard for fiscal years 2018 and 2019, and for other purposes.
May 18, 2017
Mr. Hunter (for himself, Mr. Garamendi, Mr. Shuster, and Mr. DeFazio) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
June 26, 2017
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 18, 2017]
To authorize appropriations for the Coast Guard for fiscal years 2018 and 2019, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 101. Authorizations of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 201. Training; public safety personnel.
Sec. 202. Commissioned service retirement.
Sec. 203. Officer promotion zones.
Sec. 204. Cross reference.
Sec. 205. Repeal.
Sec. 206. Unmanned aircraft system.
Sec. 207. Coast Guard health-care professionals; licensure portability.
Sec. 208. Incentive contracts for Coast Guard yard and industrial establishments.
Sec. 209. Maintaining cutters in class.
Sec. 210. Congressional affairs; Director.
Sec. 211. Contracting for major acquisitions programs.
Sec. 212. National Security Cutter.
Sec. 213. Radar refresher training.
Sec. 214. Repeal.
Sec. 215. Extension of authority.
Sec. 216. Authorization of amounts for Fast Response Cutters.
Sec. 217. Authorization of amounts for ice trials of icebreaker vessels.
Sec. 218. Shoreside infrastructure.
Sec. 301. Codification of Ports and Waterways Safety Act.
Sec. 302. Conforming amendments.
Sec. 303. Transitional and savings provisions.
Sec. 304. Rule of construction.
Sec. 305. Advisory Committee: Repeal.
Sec. 401. Clarification of logbook entries.
Sec. 402. Technical corrections: licenses, certifications of registry, and merchant mariner documents.
Sec. 403. Numbering for undocumented barges.
Sec. 404. Drawbridge deviation exemption.
Sec. 405. Deadline for compliance with alternate safety compliance programs.
Sec. 406. Authorization for marine debris program.
Sec. 407. Alternative distress signals.
Sec. 408. Atlantic Coast Port Access Route Study recommendations.
Sec. 409. Documentation of recreational vessels.
Sec. 410. Certificates of documentation for recreational vessels.
Sec. 411. Backup global positioning system.
Sec. 412. Waters deemed not navigable waters of the United States for certain purposes.
Sec. 413. Uninspected passenger vessels in St. Louis County, Minnesota.
Sec. 414. Engine cut-off switch requirements.
Sec. 415. Analysis of commercial fishing vessel classification requirements.
Sec. 501. Repeal.
Sec. 502. Reimbursements for non-Federal construction costs of certain aids to navigation.
Sec. 503. Corrections to provisions enacted by Coast Guard Authorization Acts.
Sec. 504. Ship Shoal Lighthouse transfer: Repeal.
Sec. 505. Coast Guard maritime domain awareness.
Sec. 506. Towing safety management system fees.
Sec. 507. Oil spill disbursements auditing and report.
Sec. 508. Land exchange, Ayakulik Island, Alaska.
Sec. 509. Vessel response plans in the Arctic.
Sec. 510. Assessment of public comments on additional anchorages on the Hudson River.
Sec. 511. Public safety answering points and maritime search and rescue coordination.
Sec. 512. Documentation of “America’s Finest”.
Section 2702 of title 14, United States Code, is amended:
(1) in the matter preceding paragraph (1), by striking “fiscal years 2016 and 2017” and inserting “fiscal years 2018 and 2019”;
(a) In general.—Chapter 7 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 155. Training; public safety personnel
“(a) In general.—The Commandant may, on a reimbursable or a non-reimbursable basis, make training available to public safety personnel whenever the Commandant determines that—
“(1) a member of the Coast Guard, who is scheduled to participate in such training, is unable or unavailable to participate in such training;
“(b) Definition.—For the purposes of this section, the term ‘public safety personnel’ includes any Federal, State (or political subdivision thereof), territorial, or tribal law enforcement officer, firefighter, or emergency response provider.
“(c) Treatment of reimbursement.—Any reimbursements for training that the Coast Guard receives under this section shall be credited to the appropriation used to pay the costs for such training.
“(d) Status of trained personnel; limitation on liability.—
“(1) STATUS.—Any public safety personnel to whom training is made available under this section who is not otherwise a Federal employee shall not, because of that training, be considered a Federal employee for any purpose (including the purposes of chapter 81 of title 5 (relating to compensation for injury)) and sections 2671 through 2680 of title 28 (relating to tort claims).
For Coast Guard officers who retire in fiscal year 2017 or 2018, the President may reduce the period of active commissioned service required under section 291 of title 14, United States Code, to a period of not less than eight years.
Section 256(a) of title 14, United States Code, is amended by striking “six-tenths.” and inserting “one-half.”.
Section 373(a) of title 14, United States Code, is amended by inserting “designated under section 371” after “cadet”.
Section 482 of title 14, United States Code, and the item relating to that section in the analysis for chapter 13 of that title, are repealed.
(a) In general.—Chapter 3 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 61. Unmanned aircraft system
“(a) In general.—Subject to the availability of appropriations and to subsection (b), the Secretary of the department in which the Coast Guard is operating shall establish a land-based unmanned aircraft system program under the control of the Commandant of the Coast Guard.
“(b) Limitations.—
“(1) IN GENERAL.—During any fiscal year for which funds are appropriated for the design or construction of the Offshore Patrol Cutter, the Commandant—
“(A) may not award a contract for design of an unmanned aircraft system for use by the Coast Guard; and
“(c) Definitions.—In this section each of the terms ‘small unmanned aircraft’ and ‘unmanned aircraft system’ has the meaning that term has in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).”.
(a) In general.—Chapter 5 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 104. Coast Guard health-care professionals; licensure portability
“(a) Notwithstanding any law regarding the licensure of health-care providers, a health-care professional described in subsection (b) may practice the health profession or professions of the health-care professional at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, regardless of where such health-care professional or the patient are located, if the practice is within the scope of the authorized Federal duties of such health-care professional.
Section 648 of title 14, United States Code, is amended—
(2) in subsection (a), as designated by the amendment made by paragraph (1) of this section, by striking the period at the end of the last sentence and inserting “or in accordance with subsection (b).”; and
(3) by adding at the end the following:
“(b) Incentive contracts.—
“(1) The parties to an order for industrial work to be performed by the Coast Guard Yard or a Coast Guard industrial establishment designated under subsection (a) may enter into an order or a cost-plus-incentive-fee order in accordance with this subsection.
“(2) If such parties enter into such an order or a cost-plus-incentive-fee order, an agreed-upon amount of any adjustment described in subsection (a) may be distributed as an incentive to the wage-grade industrial employees who complete the order.
“(3) Before entering into such an order or cost-plus-incentive-fee order such parties must agree that the wage-grade employees of the Coast Guard Yard or Coast Guard industrial establishment will take action to improve the delivery schedule or technical performance agreed to in the order for industrial work to which such parties initially agreed.
“(4) Notwithstanding any other provision of law, if the industrial workforce of the Coast Guard Yard or such Coast Guard industrial establishment satisfies the performance target established in such an order or cost-plus-incentive-fee order—
Section 573(c)(3)(A) of title 14, United States Code, is amended—
(a) In general.—Chapter 3 of title 14, United States Code, as amended by section 206 of this Act, is further amended by adding at the end the following:
(a) In general.—Subchapter II of chapter 15 of title 14, United States Code, is amended by adding at the end the following:
(b) Clerical amendment.—The analysis at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following:
“580. Contracting for major acquisitions programs.”.
(c) Conforming amendments.—The following provisions are repealed:
(1) Section 223 of Public Law 113–281 (14 U.S.C. 577 note), and the item relating to that section in the table of contents in section 2 of such Act.
(2) Section 221(a) of Public Law 112–213 (14 U.S.C. 573 note).
(3) Section 207(a) of Public Law 114–120 (14 U.S.C. 87 note).
(a) Standard Method for Tracking.—The Commandant of the Coast Guard may not certify an eighth National Security Cutter as Ready for Operations before the date on which the Commandant provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
(1) a notification of a new standard method for tracking operational employment of Coast Guard major cutters that does not include time during which such a cutter is away from its homeport for maintenance or repair; and
(2) a report analyzing cost and performance for different approaches to achieving varied levels of operational employment using the standard method required by paragraph (1) that, at a minimum—
(A) compares over a 30-year period the average annualized baseline cost and performances for a certified National Security Cutter that operated for 185 days away from homeport or an equivalent alternative measure of operational tempo—
(b) Conforming amendments.—
(1) Section 221(b) of the Coast Guard and Maritime Transportation Act of 2012 (14 U.S.C. 573 note) is repealed.
Section 11.480(F) of title 46, Code of Federal Regulations, as in effect immediately before the enactment of this Act, shall have no force or effect.
Section 676a(a) of title 14, United States Code, is amended—
Section 404 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 124 Stat. 2950) is amended—
(a) In general.—Of the amounts authorized for fiscal year 2018 under paragraphs (1) and (5) of section 2702 of title 14, United States Code, as amended by this Act, up to $3,000,000 is authorized for the Commandant of the Coast Guard to carry out ice trials of icebreaker vessels documented under section 12111 of title 46, United States Code.
Of the amounts authorized under section 2702(2) of title 14, United States Code, as amended by this Act, for each of fiscal years 2018 and 2019 there is authorized to be appropriated $165,000,000 to the Secretary of the department in which the Coast Guard is operating to fund the acquisition, construction, rebuilding or improvement of Coast Guard shoreside infrastructure and facilities necessary to support Coast Guard operations and readiness.
(a) Codification.—Subtitle VII of title 46, United States Code, is amended by inserting before chapter 701 the following:
“Sec.
“70001. Vessel traffic services.
“70002. Special powers.
“70003. Port access routes.
“70004. Considerations by Secretary.
“70005. International agreements.
“70011. Waterfront safety.
“70012. Navigational hazards.
“70013. Requirement to notify Coast Guard of release of objects into the navigable waters of the United States.
“70021. Conditions for entry to ports in the United States.
“70031. Definitions.
“70032. Saint Lawrence Seaway.
“70033. Limitation on application to foreign vessels.
“70034. Regulations.
“70035. Investigatory powers.
“70036. Enforcement.
“(a) Subject to the requirements of section 70004, the Secretary—
“(1) in any port or place under the jurisdiction of the United States, in the navigable waters of the United States, or in any area covered by an international agreement negotiated pursuant to section 70005, may construct, operate, maintain, improve, or expand vessel traffic services, that consist of measures for controlling or supervising vessel traffic or for protecting navigation and the marine environment and that may include one or more of reporting and operating requirements, surveillance and communications systems, routing systems, and fairways;
“(2) shall require appropriate vessels that operate in an area of a vessel traffic service to utilize or comply with that service;
“(3) (A) may require vessels to install and use specified navigation equipment, communications equipment, electronic relative motion analyzer equipment, or any electronic or other device necessary to comply with a vessel traffic service or that is necessary in the interests of vessel safety.
“(B) Notwithstanding subparagraph (A), the Secretary shall not require fishing vessels under 300 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, or recreational vessels 65 feet or less to possess or use the equipment or devices required by this subsection solely under the authority of this chapter;
“(4) may control vessel traffic in areas subject to the jurisdiction of the United States that the Secretary determines to be hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances, by—
“(5) may require the receipt of prearrival messages from any vessel, destined for a port or place subject to the jurisdiction of the United States, in sufficient time to permit advance vessel traffic planning before port entry, which shall include any information that is not already a matter of record and that the Secretary determines necessary for the control of the vessel and the safety of the port or the marine environment; and
“(6) may prohibit the use on vessels of electronic or other devices that interfere with communication and navigation equipment, except that such authority shall not apply to electronic or other devices certified to transmit in the maritime services by the Federal Communications Commission and used within the frequency bands 157.1875–157.4375 MHz and 161.7875–162.0375 MHz.
“(b) Cooperative Agreements.—
“(1) IN GENERAL.—The Secretary may enter into cooperative agreements with public or private agencies, authorities, associations, institutions, corporations, organizations, or other persons to carry out the functions under subsection (a)(1).
“(2) LIMITATION.—
“(A) A nongovernmental entity may not under this subsection carry out an inherently governmental function.
“(B) As used in this paragraph, the term ‘inherently governmental function’ means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of judgment in making a decision for the Government.
“(c) Limitation of liability for Coast Guard vessel traffic service pilots and non-Federal vessel traffic service operators.—
“(1) COAST GUARD VESSEL TRAFFIC SERVICE PILOTS.—Any pilot, acting in the course and scope of his or her duties while at a Coast Guard Vessel Traffic Service, who provides information, advice, or communication assistance while under the supervision of a Coast Guard officer, member, or employee shall not be liable for damages caused by or related to such assistance unless the acts or omissions of such pilot constitute gross negligence or willful misconduct.
“(2) NON-FEDERAL VESSEL TRAFFIC SERVICE OPERATORS.—An entity operating a non-Federal vessel traffic information service or advisory service pursuant to a duly executed written agreement with the Coast Guard, and any pilot acting on behalf of such entity, is not liable for damages caused by or related to information, advice, or communication assistance provided by such entity or pilot while so operating or acting unless the acts or omissions of such entity or pilot constitute gross negligence or willful misconduct.
“The Secretary may order any vessel, in a port or place subject to the jurisdiction of the United States or in the navigable waters of the United States, to operate or anchor in a manner the Secretary directs if—
“(1) the Secretary has reasonable cause to believe such vessel does not comply with any regulation issued under this chapter or any other applicable law or treaty;
“(a) Authority To designate.—Except as provided in subsection (b) and subject to the requirements of subsection (c), in order to provide safe access routes for the movement of vessel traffic proceeding to or from ports or places subject to the jurisdiction of the United States, the Secretary shall designate necessary fairways and traffic separation schemes for vessels operating in the territorial sea of the United States and in high seas approaches, outside the territorial sea, to such ports or places. Such a designation shall recognize, within the designated area, the paramount right of navigation over all other uses.
“(b) Limitation.—
“(1) IN GENERAL.—No designation may be made by the Secretary under this section if—
“(c) Consideration of other uses.—Before making a designation under subsection (a), and in accordance with the requirements of section 70004, the Secretary shall—
“(1) undertake a study of the potential traffic density and the need for safe access routes for vessels in any area for which fairways or traffic separation schemes are proposed or that may otherwise be considered and publish notice of such undertaking in the Federal Register;
“(2) in consultation with the Secretary of State, the Secretary of the Interior, the Secretary of Commerce, the Secretary of the Army, and the Governors of affected States, as their responsibilities may require, take into account all other uses of the area under consideration, including, as appropriate, the exploration for, or exploitation of, oil, gas, or other mineral resources, the construction or operation of deepwater ports or other structures on or above the seabed or subsoil of the submerged lands or the Outer Continental Shelf of the United States, the establishment or operation of marine or estuarine sanctuaries, and activities involving recreational or commercial fishing; and
“(d) Study.—In carrying out the Secretary’s responsibilities under subsection (c), the Secretary shall—
“(e) Implementation of designation.—In connection with a designation made under this section, the Secretary—
“(1) shall issue reasonable rules and regulations governing the use of such designated areas, including rules and regulations regarding the applicability of rules 9 and 10 of the International Regulations for Preventing Collisions at Sea, 1972, relating to narrow channels and traffic separation schemes, respectively, in waters where such regulations apply;
“(2) to the extent that the Secretary finds reasonable and necessary to effectuate the purposes of the designation, make the use of designated fairways and traffic separation schemes mandatory for specific types and sizes of vessels, foreign and domestic, operating in the territorial sea of the United States and for specific types and sizes of vessels of the United States operating on the high seas beyond the territorial sea of the United States;
“(3) may, from time to time, as necessary, adjust the location or limits of designated fairways or traffic separation schemes in order to accommodate the needs of other uses that cannot be reasonably accommodated otherwise, except that such an adjustment may not, in the judgment of the Secretary, unacceptably adversely affect the purpose for which the existing designation was made and the need for which continues; and
“(4) shall, through appropriate channels—
“(B) take action to seek the cooperation of foreign States in making it mandatory for vessels under their control to use, to the same extent as required by the Secretary for vessels of the United States, any fairway or traffic separation scheme designated under this section in any area of the high seas.
“In carrying out the duties of the Secretary under sections 70001, 70002, and 70003, the Secretary shall—
“(1) take into account all relevant factors concerning navigation and vessel safety, protection of the marine environment, and the safety and security of United States ports and waterways, including—
“(B) vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, potential interference with the flow of commercial traffic, the presence of any unusual cargoes, and other similar factors;
“(C) port and waterway configurations and variations in local conditions of geography, climate, and other similar factors;
“(D) the need for granting exemptions for the installation and use of equipment or devices for use with vessel traffic services for certain classes of small vessels, such as self-propelled fishing vessels and recreational vessels;
“(a) Transmittal of regulations.—The Secretary shall transmit, via the Secretary of State, to appropriate international bodies or forums, any regulations issued under this subchapter, for consideration as international standards.
“(b) Agreements.—The President is authorized and encouraged to—
“(c) Operations.—The Secretary, pursuant to any agreement negotiated under subsection (b) that is binding upon the United States in accordance with constitutional requirements, may—
“(1) require vessels operating in an area of a vessel traffic service to utilize or to comply with the vessel traffic service, including the carrying or installation of equipment and devices as necessary for the use of the service; and
“(2) waive, by order or regulation, the application of any United States law or regulation concerning the design, construction, operation, equipment, personnel qualifications, and manning standards for vessels operating in waters over which the United States exercises jurisdiction if such vessel is not en route to or from a United States port or place, and if vessels en route to or from a United States port or place are accorded equivalent waivers of laws and regulations of the neighboring nation, when operating in waters over which that nation exercises jurisdiction.
“(d) Ship reporting systems.—The Secretary, in cooperation with the International Maritime Organization, may implement and enforce two mandatory ship reporting systems, consistent with international law, with respect to vessels subject to such reporting systems entering the following areas of the Atlantic Ocean:
“(1) Cape Cod Bay, Massachusetts Bay, and Great South Channel (in the area generally bounded by a line starting from a point on Cape Ann, Massachusetts at 42 deg. 39′ N., 70 deg. 37′ W; then northeast to 42 deg. 45′ N., 70 deg. 13′ W; then southeast to 42 deg. 10′ N., 68 deg. 31′ W, then south to 41 deg. 00′ N., 68 deg. 31′ W; then west to 41 deg. 00′ N., 69 deg. 17′ W; then northeast to 42 deg. 05′ N., 70 deg. 02′ W, then west to 42 deg. 04′ N., 70 deg. 10′ W; and then along the Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay back to the point on Cape Ann at 42 deg. 39′ N., 70 deg. 37′ W).
“(2) In the coastal waters of the Southeastern United States within about 25 nm along a 90 nm stretch of the Atlantic seaboard (in an area generally extending from the shoreline east to longitude 80 deg. 51.6′ W with the southern and northern boundary at latitudes 30 deg. 00′ N., 31 deg. 27′ N., respectively).
“(a) In general.—The Secretary may take such action as is necessary to—
“(b) Actions authorized.—Actions authorized by subsection (a) include—
“(1) establishing procedures, measures, and standards for the handling, loading, unloading, storage, stowage, and movement on a structure (including the emergency removal, control, and disposition) of explosives or other dangerous articles and substances, including oil or hazardous material as those terms are defined in section 2101;
“(2) prescribing minimum safety equipment requirements for a structure to assure adequate protection from fire, explosion, natural disaster, and other serious accidents or casualties;
“(a) Reporting procedure.—The Secretary shall establish a program to encourage fishermen and other vessel operators to report potential or existing navigational hazards involving pipelines to the Secretary through Coast Guard field offices.
“(b) Secretary’s response.—
“(1) NOTIFICATION BY THE OPERATOR OF A PIPELINE.—Upon notification by the operator of a pipeline of a hazard to navigation with respect to that pipeline, the Secretary shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials Safety Administration, other affected Federal and State agencies, and vessel owners and operators in the pipeline’s vicinity.
“(2) NOTIFICATION BY OTHER PERSONS.—Upon notification by any other person of a hazard or potential hazard to navigation with respect to a pipeline, the Secretary shall promptly determine whether a hazard exists, and if so shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials Safety Administration, other affected Federal and State agencies, vessel owners and operators in the pipeline’s vicinity, and the owner and operator of the pipeline.
“(a) Requirement.—As soon as a person has knowledge of any release from a vessel or facility into the navigable waters of the United States of any object that creates an obstruction prohibited under section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 403), such person shall notify the Secretary and the Secretary of the Army of such release.
“(a) In general.—No vessel that is subject to chapter 37 shall operate in the navigable waters of the United States or transfer cargo or residue in any port or place under the jurisdiction of the United States, if such vessel—
“(1) has a history of accidents, pollution incidents, or serious repair problems that, as determined by the Secretary, creates reason to believe that such vessel may be unsafe or may create a threat to the marine environment;
“(2) fails to comply with any applicable regulation issued under this chapter, chapter 37, or any other applicable law or treaty;
“(3) discharges oil or hazardous material in violation of any law of the United States or in a manner or quantities inconsistent with any treaty to which the United States is a party;
“(5) is manned by one or more officers who are licensed by a certificating State that the Secretary has determined, pursuant to section 9101 of title 46, does not have standards for licensing and certification of seafarers that are comparable to or more stringent than United States standards or international standards that are accepted by the United States;
“(b) Exceptions.—
“(1) IN GENERAL.—The Secretary may allow provisional entry of a vessel that is not in compliance with subsection (a), if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is not unsafe or a threat to the marine environment, and if such entry is necessary for the safety of the vessel or persons aboard.
“(2) PROVISIONS NOT APPLICABLE.—Paragraphs (1), (2), (3), and (4) of subsection (a) of this section shall not apply to a vessel allowed provisional entry under paragraph (1) if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is no longer unsafe or a threat to the marine environment, and is no longer in violation of any applicable law, treaty, regulation or condition, as appropriate.
“As used in this chapter, unless the context otherwise requires:
“(1) The term ‘marine environment’ means—
“(B) the waters and fishery resources of any area over which the United States asserts exclusive fishery management authority;
“The authority granted to the Secretary under sections 70001, 70002, 70003, 7004, and 70011 may not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Saint Lawrence Seaway Development Corporation. Any other authority granted the Secretary under this chapter shall be delegated by the Secretary to the Saint Lawrence Seaway Development Corporation to the extent the Secretary determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway.
“Except pursuant to international treaty, convention, or agreement, to which the United States is a party, this chapter shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in—
“(a) In general.—In accordance with section 553 of title 5, the Secretary shall issue, and may from time to time amend or repeal, regulations necessary to implement this chapter.
“(b) Consultation.—In the exercise of the regulatory authority under this chapter, the Secretary shall consult with, and receive and consider the views of all interested persons, including—
“(a) Secretary.—The Secretary may investigate any incident, accident, or act involving the loss or destruction of, or damage to, any structure subject to this chapter, or that affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States.
“(b) Powers.—In an investigation under this section, the Secretary may issue subpoenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident, accident, or act. If any person refuses to obey a subpoena, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance with the subpoena. Any district court of the United States may, in the case of refusal to obey a subpoena, issue an order requiring compliance with the subpoena, and failure to obey the order may be punished by the court as contempt. Witnesses may be paid fees for travel and attendance at rates not exceeding those allowed in a district court of the United States.
“(a) Civil penalty.—
“(1) IN GENERAL.—Any person who is found by the Secretary, after notice and an opportunity for a hearing, to have violated this chapter or a regulation issued under this chapter shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty shall be assessed by the Secretary, or the Secretary’s designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.
“(b) Criminal penalty.—
“(1) CLASS D FELONY.—Any person who willfully and knowingly violates this chapter or any regulation issued hereunder commits a class D felony.
“(2) CLASS C FELONY.—Any person who, in the willful and knowing violation of this chapter or of any regulation issued under this chapter, uses a dangerous weapon, or engages in conduct that causes bodily injury or fear of imminent bodily injury to any officer authorized to enforce the provisions of this chapter or the regulations issued under this chapter, commits a class C felony.
“(c) In rem liability.—Any vessel that is used in violation of this chapter, or any regulations issued under this chapter, shall be liable in rem for any civil penalty assessed pursuant to subsection (a) and may be proceeded against in the United States district court for any district in which such vessel may be found.
“(d) Injunction.—The United States district courts shall have jurisdiction to restrain violations of this chapter or of regulations issued under this chapter, for cause shown.
“(e) Denial of entry.—Except as provided in section 70021, the Secretary may, subject to recognized principles of international law, deny entry by any vessel that is not in compliance with this chapter or the regulations issued under this chapter—
“(f) Withholding of clearance.—
“(1) IN GENERAL.—If any owner, operator, or individual in charge of a vessel is liable for a penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46.
(a) Electronic charts.—
(1) TRANSFER OF PROVISION.—Section 4A of the Ports and Waterways Safety Act (33 U.S.C. 1223a)—
(A) is redesignated as section 3105 of title 46, United States Code, and transferred to appear after section 3104 of that title; and
(B) is amended by striking subsection (b) and inserting the following:
“(b) Limitation on Application.—Except pursuant to an international treaty, convention, or agreement, to which the United States is a party, this section shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in—
(b) Port, harbor, and coastal facility security.—
(1) TRANSFER OF PROVISIONS.—So much of section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes subsection (c) of that section is redesignated as section 70102a of title 46, United States Code, and transferred so as to appear after section 70102 of that title.
(c) Nondisclosure of port security plans.—Subsection (c) of section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), as so designated before the application of subsection (b)(1) of this section—
(d) Repeal.—Section 2307 of title 46, United States Code, and the item relating to that section in the analysis at the beginning of chapter 23 of that title, are repealed.
(e) Repeal.—The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.), as amended by this Act, is repealed.
(a) Definitions.—In this section:
(b) Cutoff date.—The title 46 provisions replace certain provisions of law enacted before the date of the enactment of this Act. If a law enacted after that date amends or repeals a source provision, that law is deemed to amend or repeal, as the case may be, the corresponding title 46 provision. If a law enacted after that date is otherwise inconsistent with a title 46 provision or a provision of this title, that law supersedes the title 46 provision or provision of this title to the extent of the inconsistency.
(c) Original date of enactment unchanged.—For purposes of determining whether one provision of law supersedes another based on enactment later in time, a title 46 provision is deemed to have been enacted on the date of enactment of the source provision that the title 46 provision replaces.
(d) References to title 46 provisions.—A reference to a title 46 provision, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding source provision.
(e) References to source provisions.—A reference to a source provision, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding title 46 provision.
Title 46, United States Code, is amended—
(2) in section 7107(b), by striking “merchant mariner’s document,” and inserting “certificate of registry,”;
Section 12301(b) of title 46, United States Code, is amended—
Section 5 of the Act entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes”, approved August 18, 1894 (33 U.S.C. 499), is amended by adding at the end the following new subsection:
“(d) Exemption.—
“(1) IN GENERAL.—A change to a schedule that governs the opening of a drawbridge that will be in effect for less than 6 months shall not be subject to the rule making requirements of section 553 of title 5, United States Code.
“(2) ALTERNATE REQUIREMENTS.—
“(A) DUTIES OF SECRETARY.—The Secretary of the department in which the Coast Guard is operating shall provide notice of each such change through—
“(B) OWNER AND OPERATOR DUTIES.—With respect to any drawbridge other than a railroad drawbridge, the owner or operator of such drawbridge shall provide notice of such a change to—
(a) Deadline.—Section 4503(d) of title 46, United States Code, is amended by striking so much as precedes paragraph (3) and inserting the following:
“(d) (1) The Secretary, in cooperation with the commercial fishing industry, may prescribe an alternative safety compliance program that shall apply in lieu of requirements under section 4502(b), for any category of fishing vessels, fish processing vessels, or fish tender vessels that are—
The Marine Debris Research, Prevention, and Reduction Act is amended—
(1) in section 9 (33 U.S.C. 1958)—
(2) by adding at the end the following:
“SEC. 10. Authorization of appropriations.
“Of the amounts authorized for each fiscal year under section 2702(1) of title 14, United States Code, up to $2,000,000 are authorized for the Commandant to carry out section 4 of this Act, of which not more than 10 percent may be used for administrative costs.”.
(a) Performance standard.—Not later than one year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue a rule that establishes a performance standard for distress signals, including for maritime visual distress signals, that may be used as an alternative to the distress signals required by section 175.110 of title 33, Code of Federal Regulations..
Not later than 30 days after the date of the enactment of the Act, the Commandant of the Coast Guard shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of action taken to carry out the recommendations contained in the final report issued by the Atlantic Coast Port Access Route Study (ACPARS) workgroup for which notice of availability was published March 14, 2016 (81 Fed. Reg. 13307).
Coast Guard personnel performing nonrecreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform recreational vessel documentation under section 12114 of such title in any fiscal year in which—
(1) funds available for Coast Guard operating expenses may not be used for expenses incurred for recreational vessel documentation;
Section 12114 of title 46, United States Code, is amended by adding at the end the following:
“(d) Effective period.—A recreational endorsement for a vessel—
“(e) State and local authority To remove abandoned and derelict vessels.—Nothing in this section shall be construed to limit the authority of a State or local authority from taking action to remove an abandoned or derelict vessel.
(a) In general.—Subtitle VIII of title 46, United States Code, is amended by adding at the end the following:
“Sec.
“80701. Land-based complementary and backup positioning, navigation, and timing system.
Ҥ 80701. Land-based complementary and backup positioning, navigation, and timing system
“(a) eLORAN.—Subject to the availability of appropriations, the Secretary shall provide for the establishment, sustainment, and operation of a reliable land-based enhanced LORAN, or eLORAN, positioning, navigation, and timing system.
“(b) Purpose.—The purpose of the system established under subsection (a) is to provide a complement to, and backup for, the Global Positioning System (in this section referred to as ‘GPS’) to ensure the availability of uncorrupted and nondegraded positioning, navigation, and timing signals for military and civilian users in the event that GPS signals are corrupted, degraded, unreliable, or otherwise unavailable.
“(c) Requirements.—The system established under subsection (a) shall—
“(4) transmit a precise, high-power 100 kilohertz signal and meet the one microsecond accuracy requirement specified in the Federal Radio Navigation Plan;
“(9) take full advantage of the infrastructure of the existing, unused Coast Guard long-range navigation system (commonly known as ‘LORAN–C’), and subject to the concurrence and agreement of other agencies, unused facilities associated with the Ground Wave Emergency Network and Nationwide Differential GPS systems;
“(10) utilize and leverage the capabilities of the entity for development, building, and operation of the system;
“(11) function in an interoperable and complementary manner with other similar positioning, navigation, and timing systems;
“(d) Request for proposals.—
“(1) IN GENERAL.—Under authority granted by section 93(a)(25) of title 14, United States Code, and not later than three months after the date of enactment of this section, the Secretary shall publish a request for proposals by non-Federal persons for the development, building, and operation of the system described in subsection (c).
“(e) Selection.—Using competitive procedures similar to those authorized under section 2667 of title 10, the Secretary may select a proposal from proposals received in response to the request for proposals under subsection (d).
“(f) Agreement.—
“(1) IN GENERAL.—The Secretary may enter into a cooperative agreement (as that term is used in section 6305 of title 31) with an entity upon such terms as the Secretary determines will carry out the purpose of the system under subsection (b).
“(2) CONTENT.—An agreement under this subsection shall—
“(A) require the Secretary to provide the entity—
“(i) access to existing infrastructure and facilities described in subsection (c)(9) and provided as Government-furnished property (as that term is defined in section 45.101 of the Federal Acquisition Regulation, as in effect on the date of the enactment of the Coast Guard Authorization Act of 2017), for a minimum of 20 years;
“(D) require the Secretary to monitor and ensure the signals transmitted by the system conform to the performance standards of the agreement and are safe for use;
“(F) subject to any national security requirements established by the Secretary of Defense and so long as activities described in clauses (i) and (ii) of subsection (B) do not interfere with the primary purpose of providing positioning, navigation, and timing services, allow the entity to—
“(G) require the entity pay to the United States a portion of revenue received by the entity under subparagraph (F);
“(H) require the entity to assume all financial risk for the completion and operational capability of the eLORAN system and may require a performance bond from the entity to guarantee that risk;
“(3) REVENUE SHARING REQUIREMENT.—
“(A) IN GENERAL.—The requirement under paragraph (2)(G) shall require the entity to pay to the United States an equitable share of the revenue generated by the entity under paragraph (2)(F), in the fiscal year following the fiscal year in which such revenue is generated.
“(g) CERCLA not affected.—This section shall not be construed to limit the application of or otherwise affect section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) for Federal Government facilities described in subsection (c)(9).
“(h) Biennial report to Congress.—Not later than one year after the date on which an agreement with an entity is entered into under subsection (f), and biennially thereafter, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
(b) Clerical amendment.—The analysis for subtitle VIII of title 46, United States Code, is amended by adding after the item relating to chapter 805 the following:
- “807. Position, navigation, and timing 80701.”.
(c) Implementation plan.—Not later than 180 days after the date of the enactment of this Act, the Secretary, as that term is defined in the amendments made by this section, shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a plan to ensure that the system required under such amendments is fully operational by not later than 3 years after such date of enactment.
For purposes of the application of subtitle II of title 46, United States Code, to the Volunteer (Hull Number CCA4108), the Illinois and Michigan Canal is deemed to not be navigable waters of the United States.
Section 4105 of title 46, United States Code, is amended—
(2) by inserting after subsection (b) the following:
“(c) In applying this title with respect to an uninspected vessel of less than 25 feet overall in length that carries passengers on Crane Lake or waters contiguous to such lake in St. Louis County, Minnesota, the Secretary shall substitute ‘12 passengers’ for ‘6 passengers’ each place it appears in section 2101(42).”.
(a) Installation requirement.—
(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue a regulation amending part 183 of title 33, Code of Federal Regulations, that requires associated equipment manufacturers, distributors, and dealers installing propulsion machinery and associated starting controls on a recreational vessel less than 26 feet overall in length and capable of developing at least 115 pounds of static thrust or 3 horsepower to install an engine cut-off switch in compliance with American Boat and Yacht Standard A–33.
(b) Definitions.—Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue a regulation amending part 175 and part 183 of title 33, Code of Federal Regulations, that—
(a) Analysis.—Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of the implementation of the survey and classification requirements referred to in section 4503 of title 46, United States Code.
Subsection (h) of section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468) is repealed.
(a) In general.—Subject to the availability of amounts specifically provided in advance in subsequent appropriations Acts and in accordance with this section, the Commandant of the Coast Guard may reimburse a non-Federal entity for costs incurred by the entity for a covered project.
(b) Conditions.—The Commandant may not provide reimbursement under subsection (a) with respect to a covered project unless—
(1) the need for the project is a result of the completion of construction with respect to a federally authorized navigation channel;
(2) the Commandant determines, through an appropriate navigation safety analysis, that the project is necessary to ensure safe marine transportation;
(3) the Commandant approves the design of the project to ensure that it meets all applicable Coast Guard aids-to-navigation standards and requirements;
(4) the non-Federal entity agrees to transfer the project upon completion to the Coast Guard for operation and maintenance by the Coast Guard as a Federal aid to navigation;
(d) Expiration.—The authority granted under this section shall expire on the date that is 4 years after the date of enactment of this section.
(e) Covered project defined.—In this section, the term “covered project” means a project carried out by a non-Federal entity to construct and establish an aid to navigation that facilitates safe and efficient marine transportation on a Federal navigation project authorized by title I of the Water Resources Development Act of 2007 (Public Law 110–114).
Section 604(b) of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (Public Law 113–281; 128 Stat. 3061) is amended by inserting “and fishery endorsement” after “endorsement”.
Effective January 1, 2021, section 27 of the Coast Guard Authorization Act of 1991 (Public Law 102–241; 105 Stat. 2218) is repealed.
(a) In general.—The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Sciences not later than 60 days after the date of the enactment of this Act under which the Academy shall prepare an assessment of available unmanned, autonomous, or remotely controlled maritime domain awareness technologies for use by the Coast Guard.
(b) Assessment.—The assessment shall—
(1) describe the potential limitations of current and emerging unmanned technologies used in the maritime domain for—
(2) examine how technologies described in paragraph (1) can help prioritize Federal investment by examining;
(c) Report to Congress.—Not later than 1 year after entering into an agreement with the Secretary under subsection (a), National Academy of Science shall submit the assessment prepared under this section to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(d) Use of information.—In formulating costs pursuant to subsection (b), the National Academy of Sciences may utilize information from other Coast Guard reports, assessments, or analyses regarding existing Coast Guard manpower requirements or other reports, assessments, or analyses for the acquisition of unmanned, autonomous, or remotely controlled technologies by the Federal Government.
(a) Review.—The Commandant of the Coast Guard shall—
(b) Revision of fees.—If the Commandant determines under subsection (a) that the costs to the Government of such inspections performed by a third party are different than the costs to the Government of such inspections performed by the Coast Guard, then the Commandant shall revise the fee assessed by the Coast Guard for such inspections as necessary to conform to the requirements under section 9701 of title 31, United States Code, that such fee be based on the cost to the Government of such inspections and accurately reflect such costs.
Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is amended—
(2) in subsection (l)(1), by striking “Within one year after the date of enactment of the Coast Guard Authorization Act of 2010, and annually thereafter,” and inserting “Each year, on the date on which the President submits to Congress a budget under section 1105 of title 31, United States Code,”; and
(a) Land exchange.—If the owner of Ayakulik Island, Alaska, offers to exchange the Island for the Tract—
(1) within 30 days after receiving such offer, the Secretary shall provide notice of the offer to the Commandant;
(2) within 30 days after receiving the notice under paragraph (1), the Commandant shall develop and transmit to the Secretary proposed operational restrictions on commercial activity conducted on the Tract, including the right of the Commandant to—
(3) within 30 days after receiving the proposed operational restrictions from the Commandant, the Secretary shall transmit such restrictions to the owner of Ayakulik Island; and
(4) within 30 days after transmitting the proposed operational restrictions to the owner of Ayakulik Island, and if the owner agrees to such restrictions, the Secretary shall convey all right, title and interest of the United States in and to the Tract to the owner, subject to an easement granted to the Commandant to enforce such restrictions, in exchange for all right, title and interest of such owner in and to Ayakulik Island.
(b) Boundary revisions.—The Secretary may make technical and conforming revisions to the boundaries of the Tract before the date of the exchange.
(c) Public land order.—Effective on the date of an exchange under subsection (a), Public Land Order 5550 shall have no force or effect with respect to submerged lands that are part of the Tract.
(d) Failure to timely respond to notice.—If the Commandant does not transmit proposed operational restrictions to the Secretary within 30 days after receiving the notice under subsection (a)(1), the Secretary shall, by not later than 60 days after transmitting such notice, convey all right, title, and interest of the United States in and to the Tract to the owner of Ayakulik Island in exchange for all right, title, and interest of such owner in and to Ayakulik Island.
(e) CERCLA not affected.—This section and an exchange under this section shall not be construed to limit the application of or otherwise affect section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
(a) Amendments to the Oil Pollution Act of 1990.—
(1) IN GENERAL.—Title V of the Oil Pollution Act of 1990 (33 U.S.C. 2731 et seq.) is amended by adding at the end the following:
“SEC. 5009. Vessel response plans in the Arctic.
“The Secretary of the department in which the Coast Guard is operating may not approve a vessel response plan under section 311(j)(5) of the Federal Water Pollution Control Act for a vessel operating in any area covered by the Captain of the Port Zone, as established by the Secretary, that includes the Arctic (as defined in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111)), unless the Secretary verifies that—
“(1) all equipment required to be available for response under the plan has been tested and proven capable of operating in the environment in which it is intended to be operated, as determined by the Secretary; and
“(2) the oil spill removal organization identified in the vessel response plan under section 311(j)(5) of the Federal Water Pollution Control Act—
“(B) conducts a full equipment deployment exercise in the area covered by the vessel response plan at least once every 3 years, except that the Secretary may waive a required full equipment deployment exercise, upon request of the organization, if the organization implemented the vessel response plan (including the deployment of equipment and operators) during the preceding 3 years in response to a discharge or substantial threat of a discharge of oil.”.
(b) Report.—Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the oil spill prevention and response capabilities available for the area covered by the Captain of the Port Zone, as established by the Secretary, that includes the Arctic (as defined in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111)). The report shall include—
(1) a description of equipment and assets available for response under the vessel response plans approved for vessels operating in the area covered by such Captain of the Port Zone;
(2) a description of the locations of such equipment and assets, including an estimate of the time necessary to deploy such equipment and assets;
(3) a determination regarding how effectively such equipment and assets are distributed throughout such Captain of the Port Zone;
(4) a determination regarding whether the ability to deploy such equipment and assets is taken into account when measuring the equipment and assets available;
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall—
(1) assess the public comments received by the Coast Guard on proposals to establish additional anchorages on the Hudson River between Yonkers, New York, and Kingston, New York; and
(2) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on such assessment, including—
(A) a detailed summary of concerns raised in such comments about the economic, safety, and environmental impacts of such additional anchorages on the communities bordering the Hudson River between Yonkers, New York, and Kingston, New York, including impacts of such anchorage grounds to sites listed on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and areas designated as critical habitat of species listed as endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
Not later than 180 days after the date of the enactment of this Act—
(1) the Secretary of the department in which the Coast Guard is operating acting through the Commandant of the Coast Guard shall review Coast Guard policies and procedures for public safety answering points and search-and-rescue coordination with State and local law enforcement entities in order to—
Notwithstanding sections 12112 and 12113 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise and a fishery endorsement for the vessel AMERICA’S FINEST (United States official number 1276760).
Union Calendar No. 133 | |||||
| |||||
[Report No. 115–194] | |||||
A BILL | |||||
To authorize appropriations for the Coast Guard for fiscal years 2018 and 2019, and for other
purposes. | |||||
June 26, 2017 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed |