IIB
115th CONGRESS
1st Session
H. R. 1726
IN THE SENATE OF THE UNITED STATES
June 27, 2017
Received; read twice and referred to the Committee on Commerce, Science, and Transportation
AN ACT
To amend title 14, United States Code, to improve the organization of such title and to incorporate certain transfers and modifications into such title, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the Coast Guard Improvement and Reform Act of 2017
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Title I—Reorganization of title 14, United States Code
Sec. 101. Initial matter.
Sec. 102. Subtitle I.
Sec. 103. Chapter 1.
Sec. 104. Chapter 3.
Sec. 105. Chapter 5.
Sec. 106. Chapter 7.
Sec. 107. Chapter 9.
Sec. 108. Chapter 11.
Sec. 109. Subtitle II.
Sec. 110. Chapter 19.
Sec. 111. Part II.
Sec. 112. Chapter 21.
Sec. 113. Chapter 23.
Sec. 114. Chapter 25.
Sec. 115. Part III.
Sec. 116. Chapter 27.
Sec. 117. Chapter 29.
Sec. 118. Subtitle III and chapter 37.
Sec. 119. Chapter 39.
Sec. 120. Chapter 41.
Sec. 121. Subtitle IV and chapter 49.
Sec. 122. Chapter 51.
Sec. 123. References.
Sec. 124. Rule of construction.
Title II—Transfers and Modifications
Sec. 201. Amendments to title 14, United States Code, as amended by title I of this Act.
Sec. 202. Primary duties.
Sec. 203. Regattas and marine parades.
Sec. 204. Regulation of vessels in territorial waters of United States.
Sec. 205. National maritime transportation advisory committees.
Sec. 206. Clothing at time of discharge for good of service.
Reorganization of title 14, United States Code
Initial matter
Title 14, United States Code, is amended by striking the title designation, the title heading, and the table of parts at the beginning and inserting the following:
Coast Guard
.
Subtitle I
Part I of title 14, United States Code, is amended by striking the part designation, the part heading, and the table of chapters at the beginning and inserting the following:
Establishment, Powers, Duties, and Administration
.
Chapter 1
Initial matter
Chapter 1 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
Establishment and Duties
Sec.
101. Establishment of Coast Guard.
102. Primary duties.
103. Department in which the Coast Guard operates.
104. Removing restrictions.
105. Secretary defined.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 1 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 1 | Establishment of Coast Guard | 101 |
| 2 | Primary duties | 102 |
| 3 | Department in which the Coast Guard operates | 103 |
| 652 | Removing restrictions | 104 |
| 4 | Secretary defined | 105 |
Chapter 3
Initial matter
Chapter 3 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
Composition and Organization
Sec.
301. Grades and ratings.
302. Commandant; appointment.
303. Retirement of Commandant.
304. Vice Commandant; appointment.
305. Vice admirals.
306. Retirement.
307. Vice admirals and admiral, continuity of grade.
308. Chief Acquisition Officer.
309. Office of the Coast Guard Reserve; Director.
310. Chief of Staff to President: appointment.
311. Captains of the port.
312. Prevention and response workforces.
313. Centers of expertise for Coast Guard prevention and response.
314. Marine industry training program.
315. Training course on workings of Congress.
316. National Coast Guard Museum.
317. United States Coast Guard Band; composition; director.
318. Environmental Compliance and Restoration Program.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 3 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 41 | Grades and ratings | 301 |
| 44 | Commandant; appointment | 302 |
| 46 | Retirement of Commandant | 303 |
| 47 | Vice Commandant; appointment | 304 |
| 50 | Vice admirals | 305 |
| 51 | Retirement | 306 |
| 52 | Vice admirals and admiral, continuity of grade | 307 |
| 56 | Chief Acquisition Officer | 308 |
| 53 | Office of the Coast Guard Reserve; Director | 309 |
| 54 | Chief of Staff to President: appointment | 310 |
| 57 | Prevention and response workforces | 312 |
| 58 | Centers of expertise for Coast Guard prevention and response | 313 |
| 59 | Marine industry training program | 314 |
| 60 | Training course on workings of Congress | 315 |
| 98 | National Coast Guard Museum | 316 |
| 336 | United States Coast Guard Band; composition; director | 317 |
Additional changes
In general
Chapter 3 of title 14, United States Code, is further amended—
by inserting after section 310 (as so redesignated and transferred under subsection (b)) the following:
Captains of the port
Any officer, including any petty officer, may be designated by the Commandant as captain of the port or ports or adjacent high seas or waters over which the United States has jurisdiction, as the Commandant deems necessary to facilitate execution of Coast Guard duties.
; and
by inserting after section 317 (as so redesignated and transferred under subsection (b)) the following:
Environmental Compliance and Restoration Program
Definitions
For the purposes of this section—
environment
, facility
, person
, release
, removal
, remedial
, and response
have the same meaning they have in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601);
hazardous substance
has the same meaning it has in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601), except that it also includes the meaning given oil
in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); and
pollutant
has the same meaning it has in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).
Program
The Secretary shall carry out a program of environmental compliance and restoration at current and former Coast Guard facilities.
Program goals include:
Identifying, investigating, and cleaning up contamination from hazardous substances and pollutants.
Correcting other environmental damage that poses an imminent and substantial danger to the public health or welfare or to the environment.
Demolishing and removing unsafe buildings and structures, including buildings and structures at former Coast Guard facilities.
Preventing contamination from hazardous substances and pollutants at current Coast Guard facilities.
The Secretary shall respond to releases of hazardous substances and pollutants—
at each Coast Guard facility the United States owns, leases, or otherwise possesses;
at each Coast Guard facility the United States owned, leased, or otherwise possessed when the actions leading to contamination from hazardous substances or pollutants occurred; and
on each vessel the Coast Guard owns or operates.
Subparagraph (A) of this paragraph does not apply to a removal or remedial action when a potentially responsible person responds under section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9622).
The Secretary shall pay a fee or charge imposed by a State authority for permit services for disposing of hazardous substances or pollutants from Coast Guard facilities to the same extent that nongovernmental entities are required to pay for permit services. This subparagraph does not apply to a payment that is the responsibility of a lessee, contractor, or other private person.
The Secretary may agree with another Federal agency for that agency to assist in carrying out the Secretary's responsibilities under this section. The Secretary may enter into contracts, cooperative agreements, and grant agreements with State and local governments to assist in carrying out the Secretary's responsibilities under this section. Services that may be obtained under this paragraph include identifying, investigating, and cleaning up off-site contamination that may have resulted from the release of a hazardous substance or pollutant at a Coast Guard facility.
Section 119 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9619) applies to response action contractors that carry out response actions under this section. The Coast Guard shall indemnify response action contractors to the extent that adequate insurance is not generally available at a fair price at the time the contractor enters into the contract to cover the contractor's reasonable, potential, long-term liability.
Environmental Compliance and Restoration Account
There is established for the Coast Guard an account known as the Coast Guard Environmental Compliance and Restoration Account. All sums appropriated to carry out the Coast Guard's environmental compliance and restoration functions under this section or another law shall be credited or transferred to the account and remain available until expended.
Funds may be obligated or expended from the account to carry out the Coast Guard's environmental compliance and restoration functions under this section or another law.
In proposing the budget for any fiscal year under section 1105 of title 31, the President shall set forth separately the amount requested for the Coast Guard's environmental compliance and restoration activities under this section or another law.
Amounts recovered under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9607) for the Secretary's response actions at current and former Coast Guard facilities shall be credited to the account.
Annual list of projects to Congress
The Commandant of the Coast Guard 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 prioritized list of projects eligible for environmental compliance and restoration funding for each fiscal year concurrent with the President's budget submission for that fiscal year.
.
Conforming repeals
Sections 634, 690, 691, 692, and 693 of title 14, United States Code, are repealed.
Chapter 5
Initial matter
Chapter 5 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
Functions and Powers
Subchapter I—General Powers
Sec.
501. Secretary; general powers.
502. Delegation of powers by the Secretary.
503. Regulations.
504. Commandant; general powers.
505. Functions and powers vested in the Commandant.
506. Prospective payment of funds necessary to provide medical care.
Subchapter II—Life Saving and Law Enforcement Authorities
521. Saving life and property.
522. Law enforcement.
523. Enforcement authority.
524. Enforcement of coastwise trade laws.
525. Special agents of the Coast Guard Investigative Service law enforcement authority.
526. Stopping vessels; indemnity for firing at or into vessel.
527. Safety of naval vessels.
Subchapter III—Aids to Navigation
541. Aids to navigation authorized.
542. Unauthorized aids to maritime navigation; penalty.
543. Interference with aids to navigation; penalty.
544. Aids to maritime navigation; penalty.
545. Marking of obstructions.
546. Deposit of damage payments.
547. Rewards for apprehension of persons interfering with aids to navigation.
Subchapter IV—Miscellaneous
561. Icebreaking in polar regions.
562. Appeals and waivers.
563. Notification of certain determinations.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 5 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 92 | Secretary; general powers | 501 |
| 631 | Delegation of powers by the Secretary | 502 |
| 633 | Regulations | 503 |
| 93 | Commandant; general powers | 504 |
| 632 | Functions and powers vested in the Commandant | 505 |
| 520 | Prospective payment of funds necessary to provide medical care | 506 |
| 88 | Saving life and property | 521 |
| 89 | Law enforcement | 522 |
| 99 | Enforcement authority | 523 |
| 100 | Enforcement of coastwise trade laws | 524 |
| 95 | Special agents of the Coast Guard Investigative Service law enforcement authority | 525 |
| 637 | Stopping vessels; indemnity for firing at or into vessel | 526 |
| 91 | Safety of naval vessels | 527 |
| 81 | Aids to navigation authorized | 541 |
| 83 | Unauthorized aids to maritime navigation; penalty | 542 |
| 84 | Interference with aids to navigation; penalty | 543 |
| 85 | Aids to maritime navigation; penalty | 544 |
| 86 | Marking of obstructions | 545 |
| 642 | Deposit of damage payments | 546 |
| 643 | Rewards for apprehension of persons interfering with aids to navigation | 547 |
| 87 | Icebreaking in polar regions | 561 |
| 101 | Appeals and waivers | 562 |
| 103 | Notification of certain determinations | 563 |
Additional changes
Chapter 5 of title 14, United States Code, is further amended—
by inserting before section 501 (as so redesignated and transferred under subsection (b)) the following:
General Powers
;
by inserting before section 521 (as so redesignated and transferred under subsection (b)) the following:
Life Saving and Law Enforcement Authorities
;
by inserting before section 541 (as so redesignated and transferred under subsection (b)) the following:
Aids to Navigation
;
by inserting before section 561 (as so redesignated and transferred under subsection (b)) the following:
Miscellaneous
.
Chapter 7
Initial matter
Chapter 7 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
Cooperation
Sec.
701. Cooperation with other agencies, States, territories, and political subdivisions.
702. State Department.
703. Treasury Department.
704. Department of the Army and Department of the Air Force.
705. Navy Department.
706. United States Postal Service.
707. Department of Commerce.
708. Department of Health and Human Services.
709. Maritime instruction.
710. Assistance to foreign governments and maritime authorities.
711. Coast Guard officers as attachés to missions.
712. Contracts with Government-owned establishments for work and material.
713. Nonappropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide or obtain goods and services.
714. Appointment of judges.
715. Arctic maritime domain awareness.
716. Oceanographic research.
717. Arctic maritime transportation.
718. Agreements.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 7 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 141 | Cooperation with other agencies, States, territories, and political subdivisions | 701 |
| 142 | State Department | 702 |
| 143 | Treasury Department | 703 |
| 144 | Department of the Army and Department of the Air Force | 704 |
| 145 | Navy Department | 705 |
| 146 | United States Postal Service | 706 |
| 147 | Department of Commerce | 707 |
| 147a | Department of Health and Human Services | 708 |
| 148 | Maritime instruction | 709 |
| 149 | Assistance to foreign governments and maritime authorities | 710 |
| 150 | Coast Guard officers as attachés to missions | 711 |
| 151 | Contracts with Government-owned establishments for work and material | 712 |
| 152 | Nonappropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide or obtain goods and services | 713 |
| 153 | Appointment of judges | 714 |
| 154 | Arctic maritime domain awareness | 715 |
| 94 | Oceanographic research | 716 |
| 90 | Arctic maritime transportation | 717 |
| 102 | Agreements | 718 |
Chapter 9
Initial matter
Chapter 9 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
Administration
Subchapter I—Real and Personal Property
Sec.
901. Disposal of certain material.
902. Employment of draftsmen and engineers.
903. Use of certain appropriated funds.
904. Local hire.
905. Procurement authority for family housing.
906. Air Station Cape Cod Improvements.
907. Long-term lease of special purpose facilities.
908. Long-term lease authority for lighthouse property.
909. Small boat station rescue capability.
910. Small boat station closures.
911. Search and rescue center standards.
912. Air facility closures.
913. Turnkey selection procedures.
914. Disposition of infrastructure related to E–LORAN.
Subchapter II—Miscellaneous
931. Oaths required for boards.
932. Administration of oaths.
933. Coast Guard ensigns and pennants.
934. Penalty for unauthorized use of words Coast Guard
.
935. Coast Guard band recordings for commercial sale.
936. Confidentiality of medical quality assurance records; qualified immunity for participants.
937. Admiralty claims against the United States.
938. Claims for damage to property of the United States.
939. Accounting for industrial work.
940. Supplies and equipment from stock.
941. Coast Guard Supply Fund.
942. Public and commercial vessels and other watercraft; sale of fuel, supplies, and services.
943. Arms and ammunition; immunity from taxation.
944. Confidential investigative expenses.
945. Assistance to film producers.
946. User fees.
947. Vessel construction bonding requirements.
948. Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care.
949. Telephone installation and charges.
950. Designation, powers, and accountability of deputy disbursing officials.
951. Aircraft accident investigations.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 9 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 641 | Disposal of certain material | 901 |
| 653 | Employment of draftsmen and engineers | 902 |
| 656 | Use of certain appropriated funds | 903 |
| 666 | Local hire | 904 |
| 670 | Procurement authority for family housing | 905 |
| 671 | Air Station Cape Cod Improvements | 906 |
| 672 | Long-term lease of special purpose facilities | 907 |
| 672a | Long-term lease authority for lighthouse property | 908 |
| 674 | Small boat station rescue capability | 909 |
| 675 | Small boat station closures | 910 |
| 676 | Search and rescue center standards | 911 |
| 676a | Air facility closures | 912 |
| 677 | Turnkey selection procedures | 913 |
| 681 | Disposition of infrastructure related to E–LORAN | 914 |
| 635 | Oaths required for boards | 931 |
| 636 | Administration of oaths | 932 |
| 638 | Coast Guard ensigns and pennants | 933 |
| 639 | Penalty for unauthorized use of words Coast Guard | 934 |
| 640 | Coast Guard band recordings for commercial sale | 935 |
| 645 | Confidentiality of medical quality assurance records; qualified immunity for participants | 936 |
| 646 | Admiralty claims against the United States | 937 |
| 647 | Claims for damage to property of the United States | 938 |
| 648 | Accounting for industrial work | 939 |
| 649 | Supplies and equipment from stock | 940 |
| 650 | Coast Guard Supply Fund | 941 |
| 654 | Public and commercial vessels and other watercraft; sale of fuel, supplies, and services | 942 |
| 655 | Arms and ammunition; immunity from taxation | 943 |
| 658 | Confidential investigative expenses | 944 |
| 659 | Assistance to film producers | 945 |
| 664 | User fees | 946 |
| 667 | Vessel construction bonding requirements | 947 |
| 668 | Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care | 948 |
| 669 | Telephone installation and charges | 949 |
| 673 | Designation, powers, and accountability of deputy disbursing officials | 950 |
| 678 | Aircraft accident investigations | 951 |
Additional changes
Chapter 9 of title 14, United States Code, is further amended—
by inserting before section 901 (as so redesignated and transferred under subsection (b)) the following:
Real and Personal Property
;
by inserting before section 931 (as so redesignated and transferred under subsection (b)) the following:
Miscellaneous
.
Chapter 11
Initial matter
Chapter 11 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
Acquisitions
Subchapter I—General Provisions
Sec.
1101. Acquisition directorate.
1102. Improvements in Coast Guard acquisition management.
1103. Role of Vice Commandant in major acquisition programs.
1104. Recognition of Coast Guard personnel for excellence in acquisition.
1105. Prohibition on use of lead systems integrators.
1106. Required contract terms.
1107. Extension of major acquisition program contracts.
1108. Department of Defense consultation.
1109. Undefinitized contractual actions.
1110. Guidance on excessive pass-through charges.
1111. Mission need statement.
Subchapter II—Improved Acquisition Process and Procedures
1131. Identification of major system acquisitions.
1132. Acquisition.
1133. Preliminary development and demonstration.
1134. Acquisition, production, deployment, and support.
1135. Acquisition program baseline breach.
1136. Acquisition approval authority.
Subchapter III—Procurement
1151. Restriction on construction of vessels in foreign shipyards.
1152. Advance procurement funding.
1153. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards.
1154. Procurement of buoy chain.
Subchapter IV—Definitions
1171. Definitions.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 11 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 561 | Acquisition directorate | 1101 |
| 562 | Improvements in Coast Guard acquisition management | 1102 |
| 578 | Role of Vice Commandant in major acquisition programs | 1103 |
| 563 | Recognition of Coast Guard personnel for excellence in acquisition | 1104 |
| 564 | Prohibition on use of lead systems integrators | 1105 |
| 565 | Required contract terms | 1106 |
| 579 | Extension of major acquisition program contracts | 1107 |
| 566 | Department of Defense consultation | 1108 |
| 567 | Undefinitized contractual actions | 1109 |
| 568 | Guidance on excessive pass-through charges | 1110 |
| 569 | Mission need statement | 1111 |
| 571 | Identification of major system acquisitions | 1131 |
| 572 | Acquisition | 1132 |
| 573 | Preliminary development and demonstration | 1133 |
| 574 | Acquisition, production, deployment, and support | 1134 |
| 575 | Acquisition program baseline breach | 1135 |
| 576 | Acquisition approval authority | 1136 |
| 665 | Restriction on construction of vessels in foreign shipyards | 1151 |
| 577 | Advance procurement funding | 1152 |
| 96 | Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards | 1153 |
| 97 | Procurement of buoy chain | 1154 |
| 581 | Definitions | 1171 |
Additional changes
Chapter 11 of title 14, United States Code, is further amended—
by striking all subdivision designations and headings in such chapter, except for—
the chapter designation and heading added by subsection (a);
the subchapter designations and headings added by this subsection; and
any designation or heading of a section or a subdivision of a section;
by inserting before section 1101 (as so redesignated and transferred under subsection (b)) the following:
General Provisions
;
by inserting before section 1131 (as so redesignated and transferred under subsection (b)) the following:
Improved Acquisition Process and Procedures
;
by inserting before section 1151 (as so redesignated and transferred under subsection (b)) the following:
Procurement
;
by inserting before section 1171 (as so redesignated and transferred under subsection (b)) the following:
Definitions
.
Subtitle II
Initial matter
Title 14, United States Code, is further amended by inserting after chapter 11 (as amended by section 108) the following:
Personnel
.
Reserved chapter numbers
Chapter 13
Chapter 13 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning.
Chapter 14
Chapter 14 of title 14, United States Code, is amended—
by striking the chapter designation, the chapter heading, and the table of sections at the beginning; and
by striking the subchapter designation and the subchapter heading for each of the subchapters of such chapter.
Chapter 15
Chapter 15 of title 14, United States Code, is amended—
by striking the chapter designation, the chapter heading, and the table of sections at the beginning; and
by striking the subchapter designation and the subchapter heading for each of the subchapters of such chapter.
Chapter 17
Chapter 17 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning.
Chapter 18
Chapter 18 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning.
Chapter 19
Initial matter
Chapter 19 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
Coast Guard Academy
Subchapter I—Administration
Sec.
1901. Administration of Academy.
1902. Policy on sexual harassment and sexual violence.
1903. Annual Board of Visitors.
1904. Participation in Federal, State, or other educational research grants.
Subchapter II—Cadets
1921. Corps of Cadets authorized strength.
1922. Appointments.
1923. Admission of foreign nationals for instruction; restrictions; conditions.
1924. Conduct.
1925. Agreement.
1926. Cadet applicants; preappointment travel to Academy.
1927. Cadets; initial clothing allowance.
1928. Cadets; degree of bachelor of science.
1929. Cadets; appointment as ensign.
1930. Cadets: charges and fees for attendance; limitation.
Subchapter III—Faculty
1941. Civilian teaching staff.
1942. Permanent commissioned teaching staff; composition.
1943. Appointment of permanent commissioned teaching staff.
1944. Grade of permanent commissioned teaching staff.
1945. Retirement of permanent commissioned teaching staff.
1946. Credit for service as member of civilian teaching staff.
1947. Assignment of personnel as instructors.
1948. Marine safety curriculum.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 19 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 181 | Administration of Academy | 1901 |
| 200 | Policy on sexual harassment and sexual violence | 1902 |
| 194 | Annual Board of Visitors | 1903 |
| 196 | Participation in Federal, State, or other educational research grants | 1904 |
| 195 | Admission of foreign nationals for instruction; restrictions; conditions | 1923 |
| 181a | Cadet applicants; preappointment travel to Academy | 1926 |
| 183 | Cadets; initial clothing allowance | 1927 |
| 184 | Cadets; degree of bachelor of science | 1928 |
| 185 | Cadets; appointment as ensign | 1929 |
| 197 | Cadets: charges and fees for attendance; limitation | 1930 |
| 186 | Civilian teaching staff | 1941 |
| 187 | Permanent commissioned teaching staff; composition | 1942 |
| 188 | Appointment of permanent commissioned teaching staff | 1943 |
| 189 | Grade of permanent commissioned teaching staff | 1944 |
| 190 | Retirement of permanent commissioned teaching staff | 1945 |
| 191 | Credit for service as member of civilian teaching staff | 1946 |
| 192 | Assignment of personnel as instructors | 1947 |
| 199 | Marine safety curriculum | 1948 |
Additional changes
In general
Chapter 19 of title 14, United States Code, is further amended—
by inserting before section 1901 (as so redesignated and transferred under subsection (b)) the following:
Administration
;
by inserting before section 1923 (as so redesignated and transferred under subsection (b)) the following:
Cadets
Corps of Cadets authorized strength
The number of cadets appointed annually to the Academy shall be as determined by the Secretary but the number appointed in any one year shall not exceed six hundred.
Appointments
Appointments to cadetships shall be made under regulations prescribed by the Secretary, who shall determine age limits, methods of selection of applicants, term of service as a cadet before graduation, and all other matters affecting such appointments. In the administration of this section, the Secretary shall take such action as may be necessary and appropriate to insure that female individuals shall be eligible for appointment and admission to the Coast Guard Academy, and that the relevant standards required for appointment, admission, training, graduation, and commissioning of female individuals shall be the same as those required for male individuals, except for those minimum essential adjustments in such standards required because of physiological differences between male and female individuals.
;
by inserting before section 1926 (as so redesignated and transferred under subsection (b)) the following:
Conduct
The Secretary may summarily dismiss from the Coast Guard any cadet who, during his cadetship, is found unsatisfactory in either studies or conduct, or may be deemed not adapted for a career in the Coast Guard. Cadets shall be subject to rules governing discipline prescribed by the Commandant.
Agreement
Each cadet shall sign an agreement with respect to the cadet's length of service in the Coast Guard. The agreement shall provide that the cadet agrees to the following:
That the cadet will complete the course of instruction at the Coast Guard Academy.
That upon graduation from the Coast Guard Academy the cadet—
will accept an appointment, if tendered, as a commissioned officer of the Coast Guard; and
will serve on active duty for at least five years immediately after such appointment.
That if an appointment described in paragraph (2) is not tendered or if the cadet is permitted to resign as a regular officer before the completion of the commissioned service obligation of the cadet, the cadet—
will accept an appointment as a commissioned officer in the Coast Guard Reserve; and
will remain in that reserve component until completion of the commissioned service obligation of the cadet.
The Secretary may transfer to the Coast Guard Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a cadet who breaches an agreement under subsection (a). The period of time for which a cadet is ordered to active duty under this paragraph may be determined without regard to section 651(a) of title 10.
A cadet who is transferred to the Coast Guard Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as determined by the Secretary.
For the purposes of paragraph (1), a cadet shall be considered to have breached an agreement under subsection (a) if the cadet is separated from the Coast Guard Academy under circumstances which the Secretary determines constitute a breach by the cadet of the cadet's agreement to complete the course of instruction at the Coast Guard Academy and accept an appointment as a commissioned officer upon graduation from the Coast Guard Academy.
The Secretary shall prescribe regulations to carry out this section. Those regulations shall include—
standards for determining what constitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a);
procedures for determining whether such a breach has occurred; and
standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (b).
In this section, commissioned service obligation
, with respect to an officer who is a graduate of the Academy, means the period beginning on the date of the officer's appointment as a commissioned officer and ending on the sixth anniversary of such appointment or, at the discretion of the Secretary, any later date up to the eighth anniversary of such appointment.
This section does not apply to a cadet who is not a citizen or national of the United States.
In the case of a cadet who is a minor and who has parents or a guardian, the cadet may sign the agreement required by subsection (a) only with the consent of the parent or guardian.
A cadet or former cadet who does not fulfill the terms of the obligation to serve as specified under section (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) of title 37.
; and
by inserting before section 1941 (as so redesignated and transferred under subsection (b)) the following:
Faculty
.
Conforming repeal
Section 182 of title 14, United States Code, is repealed.
Part II
Part II of title 14, United States Code, is amended by striking the part designation, the part heading, and the table of chapters at the beginning.
Chapter 21
Initial matter
Chapter 21 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
Personnel; Officers
Subchapter I—Appointment and Promotion
Sec.
2101. Original appointment of permanent commissioned officers.
2102. Active duty promotion list.
2103. Number and distribution of commissioned officers on active duty promotion list.
2104. Appointment of temporary officers.
2105. Rank of warrant officers.
2106. Selection boards; convening of boards.
2107. Selection boards; composition of boards.
2108. Selection boards; notice of convening; communication with board.
2109. Selection boards; oath of members.
2110. Number of officers to be selected for promotion.
2111. Promotion zones.
2112. Promotion year; defined.
2113. Eligibility of officers for consideration for promotion.
2114. United States Deputy Marshals in Alaska.
2115. Selection boards; information to be furnished boards.
2116. Officers to be recommended for promotion.
2117. Selection boards; reports.
2118. Selection boards; submission of reports.
2119. Failure of selection for promotion.
2120. Special selection boards; correction of errors.
2121. Promotions; appointments.
2122. Removal of officer from list of selectees for promotion.
2123. Promotions; acceptance; oath of office.
2124. Promotions; pay and allowances.
2125. Wartime temporary service promotions.
2126. Promotion of officers not included on active duty promotion list.
2127. Recall to active duty during war or national emergency.
2128. Recall to active duty with consent of officer.
2129. Aviation cadets; appointment as Reserve officers.
Subchapter II—Discharges; Retirements; Revocation of Commissions; Separation for Cause
2141. Revocation of commissions during first five years of commissioned service.
2142. Regular lieutenants (junior grade); separation for failure of selection for promotion.
2143. Regular lieutenants; separation for failure of selection for promotion; continuation.
2144. Regular Coast Guard; officers serving under temporary appointments.
2145. Regular lieutenant commanders and commanders; retirement for failure of selection for promotion.
2146. Discharge in lieu of retirement; separation pay.
2147. Regular warrant officers: separation pay.
2148. Separation for failure of selection for promotion or continuation; time of.
2149. Regular captains; retirement.
2150. Captains; continuation on active duty; involuntary retirement.
2151. Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement.
2152. Voluntary retirement after twenty years' service.
2153. Voluntary retirement after thirty years' service.
2154. Compulsory retirement.
2155. Retirement for physical disability after selection for promotion; grade in which retired.
2156. Deferment of retirement or separation for medical reasons.
2157. Flag officers.
2158. Review of records of officers.
2159. Boards of inquiry.
2160. Boards of review.
2161. Composition of boards.
2162. Rights and procedures.
2163. Removal of officer from active duty; action by Secretary.
2164. Officers considered for removal; retirement or discharge; separation benefits.
2165. Relief of retired officer promoted while on active duty.
Subchapter III—General Provisions
2181. Physical fitness of officers.
2182. Multirater assessment of certain personnel.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 21 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 211 | Original appointment of permanent commissioned officers | 2101 |
| 41a | Active duty promotion list | 2102 |
| 42 | Number and distribution of commissioned officers on active duty promotion list | 2103 |
| 214 | Appointment of temporary officers | 2104 |
| 215 | Rank of warrant officers | 2105 |
| 251 | Selection boards; convening of boards | 2106 |
| 252 | Selection boards; composition of boards | 2107 |
| 253 | Selection boards; notice of convening; communication with board | 2108 |
| 254 | Selection boards; oath of members | 2109 |
| 255 | Number of officers to be selected for promotion | 2110 |
| 256 | Promotion zones | 2111 |
| 256a | Promotion year; defined | 2112 |
| 257 | Eligibility of officers for consideration for promotion | 2113 |
| 258 | Selection boards; information to be furnished boards | 2115 |
| 259 | Officers to be recommended for promotion | 2116 |
| 260 | Selection boards; reports | 2117 |
| 261 | Selection boards; submission of reports | 2118 |
| 262 | Failure of selection for promotion | 2119 |
| 263 | Special selection boards; correction of errors | 2120 |
| 271 | Promotions; appointments | 2121 |
| 272 | Removal of officer from list of selectees for promotion | 2122 |
| 273 | Promotions; acceptance; oath of office | 2123 |
| 274 | Promotions; pay and allowances | 2124 |
| 275 | Wartime temporary service promotions | 2125 |
| 276 | Promotion of officers not included on active duty promotion list | 2126 |
| 331 | Recall to active duty during war or national emergency | 2127 |
| 332 | Recall to active duty with consent of officer | 2128 |
| 373 | Aviation cadets; appointment as Reserve officers | 2129 |
| 281 | Revocation of commissions during first five years of commissioned service | 2141 |
| 282 | Regular lieutenants (junior grade); separation for failure of selection for promotion | 2142 |
| 283 | Regular lieutenants; separation for failure of selection for promotion; continuation | 2143 |
| 284 | Regular Coast Guard; officers serving under temporary appointments | 2144 |
| 285 | Regular lieutenant commanders and commanders; retirement for failure of selection for promotion | 2145 |
| 286 | Discharge in lieu of retirement; separation pay | 2146 |
| 286a | Regular warrant officers: separation pay | 2147 |
| 287 | Separation for failure of selection for promotion or continuation; time of | 2148 |
| 288 | Regular captains; retirement | 2149 |
| 289 | Captains; continuation on active duty; involuntary retirement | 2150 |
| 290 | Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement | 2151 |
| 291 | Voluntary retirement after twenty years' service | 2152 |
| 292 | Voluntary retirement after thirty years' service | 2153 |
| 293 | Compulsory retirement | 2154 |
| 294 | Retirement for physical disability after selection for promotion; grade in which retired | 2155 |
| 295 | Deferment of retirement or separation for medical reasons | 2156 |
| 296 | Flag officers | 2157 |
| 321 | Review of records of officers | 2158 |
| 322 | Boards of inquiry | 2159 |
| 323 | Boards of review | 2160 |
| 324 | Composition of boards | 2161 |
| 325 | Rights and procedures | 2162 |
| 326 | Removal of officer from active duty; action by Secretary | 2163 |
| 327 | Officers considered for removal; retirement or discharge; separation benefits | 2164 |
| 333 | Relief of retired officer promoted while on active duty | 2165 |
| 335 | Physical fitness of officers | 2181 |
| 429 | Multirater assessment of certain personnel | 2182 |
Additional changes
Chapter 21 of title 14, United States Code, is further amended—
by striking all subchapter designations and headings in such chapter, except for the subchapter designations and headings added by this subsection;
by inserting before section 2101 (as so redesignated and transferred under subsection (b)) the following:
Appointment and Promotion
;
by inserting before section 2115 (as so redesignated and transferred under subsection (b)) the following:
United States Deputy Marshals in Alaska
Commissioned officers may be appointed as United States Deputy Marshals in Alaska.
;
by inserting before section 2141 (as so redesignated and transferred under subsection (b)) the following:
Discharges; Retirements; Revocation of Commissions; Separation for Cause
;
by inserting before section 2181 (as so redesignated and transferred under subsection (b)) the following:
General Provisions
.
Chapter 23
Initial matter
Chapter 23 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
Personnel; Enlisted
Sec.
2301. Recruiting campaigns.
2302. Enlistments; term, grade.
2303. Promotion.
2304. Compulsory retirement at age of sixty-two.
2305. Voluntary retirement after thirty years' service.
2306. Voluntary retirement after twenty years' service.
2307. Retirement of enlisted members: increase in retired pay.
2308. Recall to active duty during war or national emergency.
2309. Recall to active duty with consent of member.
2310. Relief of retired enlisted member promoted while on active duty.
2311. Retirement in cases where higher grade or rating has been held.
2312. Extension of enlistments.
2313. Retention beyond term of enlistment in case of disability.
2314. Detention beyond term of enlistment.
2315. Inclusion of certain conditions in enlistment contract.
2316. Discharge within three months before expiration of enlistment.
2317. Aviation cadets; procurement; transfer.
2318. Aviation cadets; benefits.
2319. Critical skill training bonus.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 23 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 350 | Recruiting campaigns | 2301 |
| 351 | Enlistments; term, grade | 2302 |
| 352 | Promotion | 2303 |
| 353 | Compulsory retirement at age of sixty-two | 2304 |
| 354 | Voluntary retirement after thirty years' service | 2305 |
| 355 | Voluntary retirement after twenty years' service | 2306 |
| 357 | Retirement of enlisted members: increase in retired pay | 2307 |
| 359 | Recall to active duty during war or national emergency | 2308 |
| 360 | Recall to active duty with consent of member | 2309 |
| 361 | Relief of retired enlisted member promoted while on active duty | 2310 |
| 362 | Retirement in cases where higher grade or rating has been held | 2311 |
| 365 | Extension of enlistments | 2312 |
| 366 | Retention beyond term of enlistment in case of disability | 2313 |
| 367 | Detention beyond term of enlistment | 2314 |
| 369 | Inclusion of certain conditions in enlistment contract | 2315 |
| 370 | Discharge within three months before expiration of enlistment | 2316 |
| 371 | Aviation cadets; procurement; transfer | 2317 |
| 372 | Aviation cadets; benefits | 2318 |
| 374 | Critical skill training bonus | 2319 |
Chapter 25
Initial matter
Chapter 25 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
Personnel; General Provisions
Subchapter I—General Provisions
Sec.
2501. Grade on retirement.
2502. Retirement.
2503. Status of recalled personnel.
2504. Computation of retired pay.
2505. Limitations on retirement and retired pay.
2506. Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution.
2507. Board for Correction of Military Records deadline.
2508. Emergency leave retention authority.
2509. Prohibition of certain involuntary administrative separations.
2510. Sea service letters.
2511. Investigations of flag officers and Senior Executive Service employees.
2512. Leave policies for the Coast Guard.
2513. Computation of length of service.
Subchapter II—Lighthouse Service
2531. Personnel of former Lighthouse Service.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 25 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 334 | Grade on retirement | 2501 |
| 421 | Retirement | 2502 |
| 422 | Status of recalled personnel | 2503 |
| 423 | Computation of retired pay | 2504 |
| 424 | Limitations on retirement and retired pay | 2505 |
| 424a | Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution | 2506 |
| 425 | Board for Correction of Military Records deadline | 2507 |
| 426 | Emergency leave retention authority | 2508 |
| 427 | Prohibition of certain involuntary administrative separations | 2509 |
| 428 | Sea service letters | 2510 |
| 430 | Investigations of flag officers and Senior Executive Service employees | 2511 |
| 431 | Leave policies for the Coast Guard | 2512 |
| 467 | Computation of length of service | 2513 |
| 432 | Personnel of former Lighthouse Service | 2531 |
Additional changes
Chapter 25 of title 14, United States Code, is further amended—
by inserting before section 2501 (as so redesignated and transferred under subsection (b)) the following:
General Provisions
;
by inserting before section 2531 (as so redesignated and transferred under subsection (b)) the following:
Lighthouse Service
.
Part III
Part III of title 14, United States Code, is amended by striking the part designation, the part heading, and the table of chapters at the beginning.
Chapter 27
Initial matter
Chapter 27 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
Pay, Allowances, Awards, and Other Rights and Benefits
Subchapter I—Personnel Rights and Benefits
Sec.
2701. Procurement of personnel.
2702. Training.
2703. Contingent expenses.
2704. Equipment to prevent accidents.
2705. Clothing at time of discharge for good of service.
2706. Right to wear uniform.
2707. Protection of uniform.
2708. Clothing for officers and enlisted personnel.
2709. Procurement and sale of stores to members and civilian employees.
2710. Disposition of effects of decedents.
2711. Deserters; payment of expenses incident to apprehension and delivery; penalties.
2712. Payment for the apprehension of stragglers.
Subchapter II—Awards
2731. Delegation of powers to make awards; rules and regulations.
2732. Medal of honor.
2733. Medal of honor: duplicate medal.
2734. Medal of honor: presentation of Medal of Honor Flag.
2735. Coast Guard cross.
2736. Distinguished service medal.
2737. Silver star medal.
2738. Distinguished flying cross.
2739. Coast Guard medal.
2740. Insignia for additional awards.
2741. Time limit on award; report concerning deed.
2742. Honorable subsequent service as condition to award.
2743. Posthumous awards.
2744. Life-saving medals.
2745. Replacement of medals.
2746. Award of other medals.
2747. Awards and insignia for excellence in service or conduct.
2748. Presentation of United States flag upon retirement.
Subchapter III—Payments
2761. Persons discharged as result of court-martial; allowances to.
2762. Shore patrol duty; payment of expenses.
2763. Compensatory absence from duty for military personnel at isolated duty stations.
2764. Monetary allowance for transportation of household effects.
2765. Retroactive payment of pay and allowances delayed by administrative error or oversight.
2766. Travel card management.
2767. Reimbursement for medical-related travel expenses for certain persons residing on islands in the continental United States.
2768. Annual audit of pay and allowances of members undergoing permanent change of station.
2769. Remission of indebtedness.
2770. Special instruction at universities.
2771. Attendance at professional meetings.
2772. Education loan repayment program.
2773. Rations or commutation therefor in money.
2774. Sales of ration supplies to messes.
2775. Flight rations.
2776. Payments at time of discharge for good of service.
2777. Clothing for destitute shipwrecked persons.
2778. Advancement of public funds to personnel.
2779. Transportation to and from certain places of employment.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 27 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 468 | Procurement of personnel | 2701 |
| 469 | Training | 2702 |
| 476 | Contingent expenses | 2703 |
| 477 | Equipment to prevent accidents | 2704 |
| 482 | Clothing at time of discharge for good of service | 2705 |
| 483 | Right to wear uniform | 2706 |
| 484 | Protection of uniform | 2707 |
| 485 | Clothing for officers and enlisted personnel | 2708 |
| 487 | Procurement and sale of stores to members and civilian employees | 2709 |
| 507 | Disposition of effects of decedents | 2710 |
| 508 | Deserters; payment of expenses incident to apprehension and delivery; penalties | 2711 |
| 644 | Payment for the apprehension of stragglers | 2712 |
| 499 | Delegation of powers to make awards; rules and regulations | 2731 |
| 491 | Medal of honor | 2732 |
| 504 | Medal of honor: duplicate medal | 2733 |
| 505 | Medal of honor: presentation of Medal of Honor Flag | 2734 |
| 491a | Coast Guard cross | 2735 |
| 492 | Distinguished service medal | 2736 |
| 492a | Silver star medal | 2737 |
| 492b | Distinguished flying cross | 2738 |
| 493 | Coast Guard medal | 2739 |
| 494 | Insignia for additional awards | 2740 |
| 496 | Time limit on award; report concerning deed | 2741 |
| 497 | Honorable subsequent service as condition to award | 2742 |
| 498 | Posthumous awards | 2743 |
| 500 | Life-saving medals | 2744 |
| 501 | Replacement of medals | 2745 |
| 502 | Award of other medals | 2746 |
| 503 | Awards and insignia for excellence in service or conduct | 2747 |
| 516 | Presentation of United States flag upon retirement | 2748 |
| 509 | Persons discharged as result of court-martial; allowances to | 2761 |
| 510 | Shore patrol duty; payment of expenses | 2762 |
| 511 | Compensatory absence from duty for military personnel at isolated duty stations | 2763 |
| 512 | Monetary allowance for transportation of household effects | 2764 |
| 513 | Retroactive payment of pay and allowances delayed by administrative error or oversight | 2765 |
| 517 | Travel card management | 2766 |
| 518 | Reimbursement for medical-related travel expenses for certain persons residing on islands in the continental United States | 2767 |
| 519 | Annual audit of pay and allowances of members undergoing permanent change of station | 2768 |
| 461 | Remission of indebtedness | 2769 |
| 470 | Special instruction at universities | 2770 |
| 471 | Attendance at professional meetings | 2771 |
| 472 | Education loan repayment program | 2772 |
| 478 | Rations or commutation therefor in money | 2773 |
| 479 | Sales of ration supplies to messes | 2774 |
| 480 | Flight rations | 2775 |
| 481 | Payments at time of discharge for good of service | 2776 |
| 486 | Clothing for destitute shipwrecked persons | 2777 |
| 488 | Advancement of public funds to personnel | 2778 |
| 660 | Transportation to and from certain places of employment | 2779 |
Additional changes
Chapter 27 of title 14, United States Code, is further amended—
by inserting before section 2701 (as so redesignated and transferred under subsection (b)) the following:
Personnel Rights and Benefits
;
by inserting before section 2731 (as so redesignated and transferred under subsection (b)) the following:
Awards
;
by inserting before section 2761 (as so redesignated and transferred under subsection (b)) the following:
Payments
.
Chapter 29
Initial matter
Chapter 29 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
Coast Guard Family Support, Child Care, and Housing
Subchapter I—Coast Guard Families
Sec.
2901. Work-life policies and programs.
2902. Surveys of Coast Guard families.
2903. Reimbursement for adoption expenses.
2904. Education and training opportunities for Coast Guard spouses.
2905. Youth sponsorship initiatives.
2906. Dependent school children.
Subchapter II—Coast Guard Child Care
2921. Definitions.
2922. Child development services.
2923. Child development center standards and inspections.
2924. Child development center employees.
2925. Parent partnerships with child development centers.
Subchapter III—Housing
2941. Definitions.
2942. General authority.
2943. Leasing and hiring of quarters; rental of inadequate housing.
2944. Retired service members and dependents serving on advisory committees.
2945. Conveyance of real property.
2946. Coast Guard Housing Fund.
2947. Reports.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 29 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 531 | Work-life policies and programs | 2901 |
| 532 | Surveys of Coast Guard families | 2902 |
| 541 | Reimbursement for adoption expenses | 2903 |
| 542 | Education and training opportunities for Coast Guard spouses | 2904 |
| 543 | Youth sponsorship initiatives | 2905 |
| 544 | Dependent school children | 2906 |
| 551 | Definitions | 2921 |
| 552 | Child development services | 2922 |
| 553 | Child development center standards and inspections | 2923 |
| 554 | Child development center employees | 2924 |
| 555 | Parent partnerships with child development centers | 2925 |
| 680 | Definitions | 2941 |
| 681 | General authority | 2942 |
| 475 | Leasing and hiring of quarters; rental of inadequate housing | 2943 |
| 680 | Retired service members and dependents serving on advisory committees | 2944 |
| 685 | Conveyance of real property | 2945 |
| 687 | Coast Guard Housing Fund | 2946 |
| 688 | Reports | 2947 |
Additional changes
Chapter 29 of title 14, United States Code, is further amended—
by inserting before section 2901 (as so redesignated and transferred under subsection (b)) the following:
Coast Guard Families
;
by inserting before section 2921 (as so redesignated and transferred under subsection (b)) the following:
Coast Guard Child Care
;
by inserting before section 2941 (as so redesignated and transferred under subsection (b)) the following:
Housing
.
Subtitle III and chapter 37
Initial matter
Title 14, United States Code, is further amended by adding after chapter 29 (as amended by section 117) the following:
Coast Guard Reserve and Auxiliary
Coast Guard Reserve
Subchapter I—Administration
Sec.
3701. Organization.
3702. Authorized strength.
3703. Coast Guard Reserve Boards.
3704. Grades and ratings; military authority.
3705. Benefits.
3706. Temporary members of the Reserve; eligibility and compensation.
3707. Temporary members of the Reserve; disability or death benefits.
3708. Temporary members of the Reserve; certificate of honorable service.
3709. Reserve student aviation pilots; Reserve aviation pilots; appointments in commissioned grade.
3710. Reserve student pre-commissioning assistance program.
3711. Appointment or wartime promotion; retention of grade upon release from active duty.
3712. Exclusiveness of service.
3713. Active duty for emergency augmentation of regular forces.
3714. Enlistment of members engaged in schooling.
Subchapter II—Personnel
3731. Definitions.
3732. Applicability of this subchapter.
3733. Suspension of this subchapter in time of war or national emergency.
3734. Effect of this subchapter on retirement and retired pay.
3735. Authorized number of officers.
3736. Precedence.
3737. Running mates.
3738. Constructive credit upon initial appointment.
3739. Promotion of Reserve officers on active duty.
3740. Promotion; recommendations of selection boards.
3741. Selection boards; appointment.
3742. Establishment of promotion zones under running mate system.
3743. Eligibility for promotion.
3744. Recommendation for promotion of an officer previously removed from an active status.
3745. Qualifications for promotion.
3746. Promotion; acceptance; oath of office.
3747. Date of rank upon promotion; entitlement to pay.
3748. Type of promotion; temporary.
3749. Effect of removal by the President or failure of consent of the Senate.
3750. Failure of selection for promotion.
3751. Failure of selection and removal from an active status.
3752. Retention boards; removal from an active status to provide a flow of promotion.
3753. Maximum ages for retention in an active status.
3754. Rear admiral and rear admiral (lower half); maximum service in grade.
3755. Appointment of a former Navy or Coast Guard officer.
3756. Grade on entry upon active duty.
3757. Recall of a retired officer; grade upon release.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 37 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 701 | Organization | 3701 |
| 702 | Authorized strength | 3702 |
| 703 | Coast Guard Reserve Boards | 3703 |
| 704 | Grades and ratings; military authority | 3704 |
| 705 | Benefits | 3705 |
| 706 | Temporary members of the Reserve; eligibility and compensation | 3706 |
| 707 | Temporary members of the Reserve; disability or death benefits | 3707 |
| 708 | Temporary members of the Reserve; certificate of honorable service | 3708 |
| 709 | Reserve student aviation pilots; Reserve aviation pilots; appointments in commissioned grade | 3709 |
| 709a | Reserve student pre-commissioning assistance program | 3710 |
| 710 | Appointment or wartime promotion; retention of grade upon release from active duty | 3711 |
| 711 | Exclusiveness of service | 3712 |
| 712 | Active duty for emergency augmentation of regular forces | 3713 |
| 713 | Enlistment of members engaged in schooling | 3714 |
| 720 | Definitions | 3731 |
| 721 | Applicability of this subchapter | 3732 |
| 722 | Suspension of this subchapter in time of war or national emergency | 3733 |
| 723 | Effect of this subchapter on retirement and retired pay | 3734 |
| 724 | Authorized number of officers | 3735 |
| 725 | Precedence | 3736 |
| 726 | Running mates | 3737 |
| 727 | Constructive credit upon initial appointment | 3738 |
| 728 | Promotion of Reserve officers on active duty | 3739 |
| 729 | Promotion; recommendations of selection boards | 3740 |
| 730 | Selection boards; appointment | 3741 |
| 731 | Establishment of promotion zones under running mate system | 3742 |
| 732 | Eligibility for promotion | 3743 |
| 733 | Recommendation for promotion of an officer previously removed from an active status | 3744 |
| 734 | Qualifications for promotion | 3745 |
| 735 | Promotion; acceptance; oath of office | 3746 |
| 736 | Date of rank upon promotion; entitlement to pay | 3747 |
| 737 | Type of promotion; temporary | 3748 |
| 738 | Effect of removal by the President or failure of consent of the Senate | 3749 |
| 739 | Failure of selection for promotion | 3750 |
| 740 | Failure of selection and removal from an active status | 3751 |
| 741 | Retention boards; removal from an active status to provide a flow of promotion | 3752 |
| 742 | Maximum ages for retention in an active status | 3753 |
| 743 | Rear admiral and rear admiral (lower half); maximum service in grade | 3754 |
| 744 | Appointment of a former Navy or Coast Guard officer | 3755 |
| 745 | Grade on entry upon active duty | 3756 |
| 746 | Recall of a retired officer; grade upon release | 3757 |
Additional changes
Chapter 37 of title 14, United States Code, is further amended—
by inserting before section 3701 (as so redesignated and transferred under subsection (b)) the following:
Administration
;
by inserting before section 3731 (as so redesignated and transferred under subsection (b)) the following:
Personnel
.
Chapter 39
Initial matter
Title 14, United States Code, is further amended by adding after chapter 37 (as added by section 118) the following:
Coast Guard Auxiliary
Sec.
3901. Administration of the Coast Guard Auxiliary.
3902. Purpose of the Coast Guard Auxiliary.
3903. Eligibility; enrollments.
3904. Members of the Auxiliary; status.
3905. Disenrollment.
3906. Membership in other organizations.
3907. Use of member's facilities.
3908. Vessel deemed public vessel.
3909. Aircraft deemed public aircraft.
3910. Radio station deemed government station.
3911. Availability of appropriations.
3912. Assignment and performance of duties.
3913. Injury or death in line of duty.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 39 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 821 | Administration of the Coast Guard Auxiliary | 3901 |
| 822 | Purpose of the Coast Guard Auxiliary | 3902 |
| 823 | Eligibility; enrollments | 3903 |
| 823a | Members of the Auxiliary; status | 3904 |
| 824 | Disenrollment | 3905 |
| 825 | Membership in other organizations | 3906 |
| 826 | Use of member's facilities | 3907 |
| 827 | Vessel deemed public vessel | 3908 |
| 828 | Aircraft deemed public aircraft | 3909 |
| 829 | Radio station deemed government station | 3910 |
| 830 | Availability of appropriations | 3911 |
| 831 | Assignment and performance of duties | 3912 |
| 832 | Injury or death in line of duty | 3913 |
Chapter 41
Initial matter
Title 14, United States Code, is further amended by adding after chapter 39 (as added by section 119) the following:
General Provisions for Coast Guard Reserve and Auxiliary
Sec.
4101. Flags; pennants; uniforms and insignia.
4102. Penalty.
4103. Limitation on rights of members of the Auxiliary and temporary members of the Reserve.
4104. Availability of facilities and appropriations.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 41 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 891 | Flags; pennants; uniforms and insignia | 4101 |
| 892 | Penalty | 4102 |
| 893 | Limitation on rights of members of the Auxiliary and temporary members of the Reserve | 4103 |
| 894 | Availability of facilities and appropriations | 4104 |
Subtitle IV and chapter 49
Initial matter
Title 14, United States Code, is further amended by adding after chapter 41 (as added by section 120) the following:
Coast Guard Authorizations and Reports to Congress
Authorizations
Sec.
4901. Requirement for prior authorization of appropriations.
4902. Authorization of appropriations.
4903. Authorization of personnel end strengths.
4904. Authorized levels of military strength and training.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 49 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 2701 | Requirement for prior authorization of appropriations | 4901 |
| 2702 | Authorization of appropriations | 4902 |
| 2703 | Authorization of personnel end strengths | 4903 |
| 2704 | Authorized levels of military strength and training | 4904 |
Chapter 51
Initial matter
Title 14, United States Code, is further amended by adding after chapter 49 (as added by section 121) the following:
Reports
Sec.
5101. Transmission of annual Coast Guard authorization request.
5102. Capital investment plan.
5103. Major acquisitions.
5104. Manpower requirements plan.
5105. Inventory of real property.
.
Redesignations and transfers
Requirement
The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
by redesignating the sections as described in the table; and
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 51 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
Table
The table referred to in paragraph (1) is the following:
| Title 14 section number before redesignation | Section heading (provided for identification purposes only-not amended) | Title 14 section number after redesignation |
| 2901 | Transmission of annual Coast Guard authorization request | 5101 |
| 2902 | Capital investment plan | 5102 |
| 2903 | Major acquisitions | 5103 |
| 2904 | Manpower requirements plan | 5104 |
| 679 | Inventory of real property | 5105 |
References
Definitions
In this section, the following definitions apply:
Redesignated section
The term redesignated section means a section of title 14, United States Code, that is redesignated by this title, as that section is so redesignated.
Source section
The term source section means a section of title 14, United States Code, that is redesignated by this title, as that section was in effect before the redesignation.
Reference to source section
Treatment of reference
A reference to a source section, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding redesignated section.
Title 14
In title 14, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.
Other conforming amendments
Reference to section 182
Section 1923(c) of title 14, United States Code, as so redesignated by this title, is further amended by striking section 182
and inserting section 1922
.
References to chapter 11
Title 14, United States Code, is further amended—
in section 2146(d), as so redesignated by this title, by striking chapter 11 of this title
and inserting this chapter
; and
in section 3739, as so redesignated by this title, by striking chapter 11
each place that it appears and inserting chapter 21
.
Reference to chapter 13
Section 3705(b) of title 14, United States Code, as so redesignated by this title, is further amended by striking chapter 13
and inserting chapter 27
.
Reference to chapter 15
Section 308(b)(3) of title 14, United States Code, as so redesignated by this title, is further amended by striking chapter 15
and inserting chapter 11
.
References to chapter 19
Title 14, United States Code, is further amended—
in section 4901(4), as so redesignated by this title, by striking chapter 19
and inserting section 318
; and
in section 4902(4), as so redesignated by this title, by striking chapter 19
and inserting section 318
.
Reference to chapter 23
Section 701(a) of title 14, United States Code, as so redesignated by this title, is further amended by striking chapter 23
and inserting chapter 39
.
Rule of construction
This title, including the amendments made by this title, is intended only to reorganize title 14, United States Code, and may not be construed to alter—
the effect of a provision of title 14, United States Code, including any authority or requirement therein;
a department or agency interpretation with respect to title 14, United States Code; or
a judicial interpretation with respect to title 14, United States Code.
Transfers and Modifications
Amendments to title 14, United States Code, as amended by title I of this Act
Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision of title 14, United States Code, the reference shall be considered to be made to title 14, United States Code, as amended by title I of this Act.
Primary duties
Section 102(7) of title 14, United States Code, is amended to read as follows:
maintain a state of readiness to assist in the defense of the United States, including when functioning as a specialized service in the Navy pursuant to section 103.
.
Regattas and marine parades
In general
Chapter 5 of title 14, United States Code, is amended by inserting after section 563 the following:
Regattas and marine parades
In general
The Commandant of the Coast Guard may issue regulations to promote the safety of life on navigable waters during regattas or marine parades.
Detail and use of vessels
To enforce regulations issued under this section—
the Commandant may detail any public vessel in the service of the Coast Guard and make use of any private vessel tendered gratuitously for that purpose; and
upon the request of the Commandant, the head of any other Federal department or agency may enforce the regulations by means of any public vessel of such department and any private vessel tendered gratuitously for that purpose.
Transfer of authority
The authority of the Commandant under this section may be transferred by the President for any special occasion to the head of another Federal department or agency whenever in the President’s judgment such transfer is desirable.
Penalties
In general
For any violation of regulations issued pursuant to this section the following penalties shall be incurred:
A licensed officer shall be liable to suspension or revocation of license in the manner prescribed by law for incompetency or misconduct.
Any person in charge of the navigation of a vessel other than a licensed officer shall be liable to a penalty of $5,000.
The owner of a vessel (including any corporate officer of a corporation owning the vessel) actually on board shall be liable to a penalty of $5,000, unless the violation of regulations occurred without the owner’s knowledge.
Any other person shall be liable to a penalty of $2,500.
Mitigation or remission
The Commandant may mitigate or remit any penalty provided for in this subsection in the manner prescribed by law for the mitigation or remission of penalties for violation of the navigation laws.
.
Clerical amendment
The analysis for chapter 5 of title 14, United States Code, is amended by inserting after the item relating to section 563 the following:
Sec. 564. Regattas and marine parades.
.
Repeal
The Act of April 28, 1908 (35 Stat. 69, chapter 151; 33 U.S.C. 1233 et seq.), is repealed.
Regulation of vessels in territorial waters of United States
Establishment of subchapter V
Chapter 5 of title 14, United States Code, is amended by adding at the end the following:
Regulation of vessels in territorial waters of United States
Definitions
In this subchapter:
United States
The term United States includes all territory and waters, continental or insular, subject to the jurisdiction of the United States.
Territorial waters
The term territorial waters of the United States includes all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988.
.
Regulation of anchorage and movement of vessels during national emergency
Section 1 of title II of the Act of June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 191), is amended—
by striking the section designation and all that follows before by proclamation
and inserting the following:
Regulation of anchorage and movement of vessels during national emergency
Whenever the President
;
by striking of the Treasury
;
by striking of the department in which the Coast Guard is operating
;
by striking this title
and inserting this subchapter
; and
by transferring the section so that the section appears before section 584 of title 14, United States Code (as added by subsection (a) of this section).
Seizure and forfeiture of vessel; fine and imprisonment
Section 2 of title II of the Act of June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 192), is amended—
by striking the section designation and all that follows before agent,
and inserting the following:
Seizure and forfeiture of vessel; fine and imprisonment
In general
If any owner,
;
by striking this title
each place it appears and inserting this subchapter
; and
by transferring the section so that the section appears after section 581 of title 14, United States Code (as transferred by subsection (b) of this section).
Enforcement provisions
Section 4 of title II of the Act of June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 194), is amended—
by striking all before may employ
and inserting the following:
Enforcement provisions
The President
;
by striking the purpose of this title
and inserting this subchapter
; and
by transferring the section so that the section appears after section 582 of title 14, United States Code (as transferred by subsection (c) of this section).
Clerical amendment
The analysis for chapter 5 of title 14, United States Code, is amended by adding at the end the following:
Subchapter V—Regulation of vessels in territorial waters of United States
581. Regulation of anchorage and movement of vessels during national emergency.
582. Seizure and forfeiture of vessel; fine and imprisonment.
583. Enforcement provisions.
584. Definitions.
.
National maritime transportation advisory committees
In general
Title 14, United States Code, is amended by inserting after chapter 11 the following:
National Maritime Transportation Advisory Committees
Sec.
1301. National Chemical Transportation Safety Advisory Committee.
1302. National Commercial Fishing Safety Advisory Committee.
1303. National Merchant Marine Personnel Advisory Committee.
1304. National Merchant Mariner Medical Advisory Committee.
1305. National Boating Safety Advisory Committee.
1306. National Offshore Safety Advisory Committee.
1307. National Navigation Safety Advisory Committee.
1308. National Towing Safety Advisory Committee.
1309. Administration.
National Chemical Transportation Safety Advisory Committee
Establishment
There is established a National Chemical Transportation Safety Advisory Committee (in this section referred to as the Committee
).
Function
The Committee shall advise the Secretary on matters relating to the safe and secure marine transportation of hazardous materials.
Membership
In general
The Committee shall consist of not more than 25 members appointed by the Secretary in accordance with this section and section 1309 of this chapter.
Expertise
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
Representation
Each member of the Committee shall represent 1 of the following:
Chemical manufacturing entities.
Entities related to marine handling or transportation of chemicals.
Vessel design and construction entities.
Marine safety or security entities.
Marine environmental protection entities.
Distribution
The Secretary shall, based on the needs of the Coast Guard, determine the number of members of the Committee who represent each entity specified in paragraph (3). Neither this paragraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in paragraph (3).
National Commercial Fishing Safety Advisory Committee
Establishment
There is established a National Commercial Fishing Safety Advisory Committee (in this section referred to as the Committee
).
Function
The Committee shall advise the Secretary on matters relating to the safe operation of vessels to which chapter 45 of title 46 applies, including the matters of—
navigation safety;
safety equipment and procedures;
marine insurance;
vessel design, construction, maintenance, and operation; and
personnel qualifications and training.
Membership
In general
The Committee shall consist of 18 members appointed by the Secretary in accordance with this section and section 1309 of this chapter.
Expertise
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
Representation
Members of the Committee shall be appointed as follows:
10 members shall represent the commercial fishing industry and—
as a group, shall together reflect a regional and representational balance; and
as individuals, shall each have experience—
in the operation of vessels to which chapter 45 of title 46 applies; or
as a crew member or processing line worker on a fish processing vessel.
1 member shall represent naval architects and marine engineers.
1 member shall represent manufacturers of equipment for vessels to which chapter 45 of title 46 applies.
1 member shall represent education and training professionals related to fishing vessel, fish processing vessel, and fish tender vessel safety and personnel qualifications.
1 member shall represent underwriters that insure vessels to which chapter 45 of title 46 applies.
1 member shall represent owners of vessels to which chapter 45 of title 46 applies.
3 members shall represent the general public and, to the extent possible, shall include—
an independent expert or consultant in maritime safety;
a marine surveyor who provides services to vessels to which chapter 45 of title 46 applies; and
a person familiar with issues affecting fishing communities and the families of fishermen.
National Merchant Marine Personnel Advisory Committee
Establishment
There is established a National Merchant Marine Personnel Advisory Committee (in this section referred to as the Committee
).
Function
The Committee shall advise the Secretary on matters relating to personnel in the United States merchant marine, including the training, qualifications, certification, documentation, and fitness of mariners.
Membership
In general
The Committee shall consist of 19 members appointed by the Secretary in accordance with this section and section 1309 of this chapter.
Expertise
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
Representation
Members of the Committee shall be appointed as follows:
9 members shall represent mariners and, of the 9—
each shall—
be a citizen of the United States; and
hold an active license or certificate issued under chapter 71 of title 46 or a merchant mariner document issued under chapter 73 of title 46;
3 shall be deck officers who represent merchant marine deck officers and, of the 3—
2 shall be licensed for oceans any gross tons;
1 shall be licensed for inland river route with a limited or unlimited tonnage;
2 shall have a master’s license or a master of towing vessels license;
1 shall have significant tanker experience; and
to the extent practicable—
1 shall represent labor; and
1 shall represent management;
3 shall be engineering officers who represent merchant marine engineering officers and, of the 3—
2 shall be licensed as chief engineer any horsepower;
1 shall be licensed as either a limited chief engineer or a designated duty engineer; and
to the extent practicable—
1 shall represent labor; and
1 shall represent management;
2 shall be unlicensed seamen who represent merchant marine unlicensed seaman and, of the 2—
1 shall represent able-bodied seamen; and
1 shall represent qualified members of the engine department; and
1 shall be a pilot who represents merchant marine pilots.
6 members shall represent marine educators and, of the 6—
3 shall be marine educators who represent maritime academies and, of the 3—
2 shall represent State maritime academies (and are jointly recommended by such academies); and
1 shall represent either State maritime academies or the United States Merchant Marine Academy; and
3 shall be marine educators who represent other maritime training institutions and, of the 3, 1 shall represent the small vessel industry.
2 members shall represent shipping companies employed in ship operation management.
2 members shall represent the general public.
National Merchant Mariner Medical Advisory Committee
Establishment
There is established a National Merchant Mariner Medical Advisory Committee (in this section referred to as the Committee
).
Function
The Committee shall advise the Secretary on matters relating to—
medical certification determinations for the issuance of licenses, certification of registry, and merchant mariners’ documents with respect to merchant mariners;
medical standards and guidelines for the physical qualifications of operators of commercial vessels;
medical examiner education; and
medical research.
Membership
In general
The Committee shall consist of 14 members appointed by the Secretary in accordance with this section and section 1309 of this chapter.
Expertise
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
Representation
Members of the Committee shall be appointed as follows:
9 shall represent health-care professionals and have particular expertise, knowledge, and experience regarding the medical examinations of merchant mariners or occupational medicine.
5 shall represent professional mariners and have particular expertise, knowledge, and experience in occupational requirements for mariners.
National Boating Safety Advisory Committee
Establishment
There is established a National Boating Safety Advisory Committee (in this section referred to as the Committee
).
Function
The Committee shall advise the Secretary on matters relating to national boating safety.
Membership
In general
The Committee shall consist of 21 members appointed by the Secretary in accordance with this section and section 1309 of this chapter.
Expertise
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
Representation
Members of the Committee shall be appointed as follows:
7 members shall represent State officials responsible for State boating safety programs.
7 members shall represent recreational vessel and associated equipment manufacturers.
7 members shall represent the general public or national recreational boating organizations and, of the 7, at least 5 shall represent national recreational boating organizations.
National Offshore Safety Advisory Committee
Establishment
There is established a National Offshore Safety Advisory Committee (in this section referred to as the Committee
).
Function
The Committee shall advise the Secretary on matters relating to activities directly involved with, or in support of, the exploration of offshore mineral and energy resources, to the extent that such matters are within the jurisdiction of the Coast Guard.
Membership
In general
The Committee shall consist of 15 members appointed by the Secretary in accordance with this section and section 1309 of this chapter.
Expertise
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
Representation
Members of the Committee shall be appointed as follows:
2 members shall represent entities engaged in the production of petroleum.
2 members shall represent entities engaged in offshore drilling.
2 members shall represent entities engaged in the support, by offshore supply vessels or other vessels, of offshore mineral and oil operations, including geophysical services.
1 member shall represent entities engaged in the construction of offshore exploration and recovery facilities.
1 member shall represent entities engaged in diving services related to offshore construction, inspection, and maintenance.
1 member shall represent entities engaged in safety and training services related to offshore exploration and construction.
1 member shall represent entities engaged in pipelaying services related to offshore construction.
2 members shall represent individuals employed in offshore operations and, of the 2, 1 shall have recent practical experience on a vessel or offshore unit involved in the offshore mineral and energy industry.
1 member shall represent national environmental entities.
1 member shall represent deepwater ports.
1 member shall represent the general public (but not a specific environmental group).
National Navigation Safety Advisory Committee
Establishment
There is established a National Navigation Safety Advisory Committee (in this section referred to as the Committee
).
Function
The Committee shall advise 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.
Membership
In general
The Committee shall consist of not more than 21 members appointed by the Secretary in accordance with this section and section 1309 of this chapter.
Expertise
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
Representation
Each member of the Committee shall represent 1 of the following:
Commercial vessel owners or operators.
Professional mariners.
Recreational boaters.
The recreational boating industry.
State agencies responsible for vessel or port safety.
The Maritime Law Association.
Distribution
The Secretary shall, based on the needs of the Coast Guard, determine the number of members of the Committee who represent each entity specified in paragraph (3). Neither this paragraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in paragraph (3).
National Towing Safety Advisory Committee
Establishment
There is established a National Towing Safety Advisory Committee (in this section referred to as the Committee
).
Function
The Committee shall advise the Secretary on matters relating to shallow-draft inland navigation, coastal waterway navigation, and towing safety.
Membership
In general
The Committee shall consist of 18 members appointed by the Secretary in accordance with this section and section 1309 of this chapter.
Expertise
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
Representation
Members of the Committee shall be appointed as follows:
7 members shall represent the barge and towing industry, reflecting a regional geographic balance.
1 member shall represent the offshore mineral and oil supply vessel industry.
1 member shall represent masters and pilots of towing vessels who hold active licenses and have experience on the Western Rivers and the Gulf Intracoastal Waterway.
1 member shall represent masters of towing vessels in offshore service who hold active licenses.
1 member shall represent masters of active ship-docking or harbor towing vessels.
1 member shall represent licensed and unlicensed towing vessel engineers with formal training and experience.
2 members shall represent port districts, authorities, or terminal operators.
2 members shall represent shippers and, of the 2, 1 shall be engaged in the shipment of oil or hazardous materials by barge.
2 members shall represent the general public.
Administration
Meetings
Each committee established under this chapter shall, at least once each year, meet at the call of the Secretary or a majority of the members of the committee.
Employee status
A member of a committee established under this chapter shall not be considered an employee of the Federal Government by reason of service on such committee, except for the purposes of the following:
Chapter 81 of title 5.
Chapter 171 of title 28 and any other Federal law relating to tort liability.
Compensation
Notwithstanding subsection (b), a member of a committee established under this chapter, when actually engaged in the performance of the duties of such committee, may—
receive compensation at a rate established by the Secretary, not to exceed the maximum daily rate payable under section 5376 of title 5; or
if not compensated in accordance with paragraph (1)—
be reimbursed for actual and reasonable expenses incurred in the performance of such duties; or
be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.
Acceptance of volunteer services
A member of a committee established under this chapter may serve on such committee on a voluntary basis without pay without regard to section 1342 of title 31 or any other law.
Status of members
In general
Except as provided in paragraph (2), with respect to a member of a committee established under this chapter whom the Secretary appoints to represent an entity or group—
the member is authorized to represent the interests of the applicable entity or group; and
requirements under Federal law that would interfere with such representation and that apply to a special Government employee (as defined in section 202(a) of title 18), including requirements relating to employee conduct, political activities, ethics, conflicts of interest, and corruption, do not apply to the member.
Exception
Notwithstanding subsection (b), a member of a committee established under this chapter shall be treated as a special Government employee for purposes of the committee service of the member if—
the Secretary appointed the member to represent the general public; or
the member, without regard to service on the committee, is a special Government employee.
Service on Committee
Solicitation of nominations
Before appointing an individual as a member of a committee established under this chapter, the Secretary shall publish, in the Federal Register, a timely notice soliciting nominations for membership on such committee.
Appointments
In general
After considering nominations received pursuant to a notice published under paragraph (1), the Secretary may, as necessary, appoint a member to the applicable committee established under this chapter.
Prohibition
The Secretary shall not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to any committee established under this chapter.
Service at pleasure of the Secretary
Each member of a committee established under this chapter shall serve at the pleasure of the Secretary.
Security background examinations
The Secretary may require an individual to have passed an appropriate security background examination before appointment to a committee established under this chapter.
Prohibition
In general
Except as provided in subparagraph (B), a Federal employee may not be appointed as a member of a committee established under this chapter.
Special rule for National Merchant Marine Personnel Advisory Committee
The Secretary may appoint a Federal employee to serve as a member of the National Merchant Marine Personnel Advisory Committee to represent the interests of the United States Merchant Marine Academy and, notwithstanding paragraphs (1) and (2), may do so without soliciting, receiving, or considering nominations for such appointment.
Terms
In general
The term of each member of a committee established under this chapter shall expire—
December 31 of the third full year after the effective date of the appointment; or
in the case of a member filling a vacancy caused by another member not completing a full term, at the end of the unexpired term of the member succeeded.
Total number
In general
Except as provided in clause (ii), members first appointed to a committee established under this chapter after January 1, 2018, may not serve more than 2 terms.
Exceptions
Vacancies
A member appointed to a committee established under this chapter to fill a vacancy caused by another member not completing a full term may be appointed to 2 terms in addition to the unexpired term of the member succeeded.
Chairmen
A member elected Chairman of a committee established under this chapter may serve up to 3 terms.
Continued service after term
When the term of a member of a committee established under this chapter ends, the member, for a period not to exceed 1 year, may continue to serve as a member until a successor is appointed.
Vacancies
A vacancy on a committee established under this chapter shall be filled in the same manner as the original appointment.
Special rule for reappointments
Notwithstanding paragraphs (1) and (2), the Secretary may reappoint a member of a committee established under this chapter for any term, other than the first term of the member, without soliciting, receiving, or considering nominations for such appointment.
Staff services
The Secretary shall furnish to each committee established under this chapter any staff and services considered by the Secretary to be necessary for the conduct of the committee’s functions.
Chairman; Vice Chairman
In general
Each committee established under this chapter shall elect a Chairman and Vice Chairman from among the committee’s members.
Vice Chairman acting as 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.
Subcommittees and working groups
In general
The Chairman of a committee established under this chapter may establish and disestablish subcommittees and working groups for any purpose consistent with the function of the committee.
Participants
Subject to conditions imposed by the Chairman, members of a committee established under this chapter and additional persons drawn from entities or groups designated by this chapter to be represented on the committee or the general public may be assigned to subcommittees and working groups established under paragraph (1).
Chair
Only committee members may chair subcommittees and working groups established under paragraph (1).
Consultation
Before taking any significant action, the Secretary shall consult with, and consider the information, advice, and recommendations of, a committee established under this chapter if the function of the committee is to advise the Secretary on matters related to the significant action.
Termination
Each committee established under this chapter shall terminate on September 30, 2027.
Advice, reports, and recommendations
In general
Each committee established under this chapter shall submit its advice, reports, and recommendations to the Secretary.
Submission to Congress
The Secretary shall submit such advice, reports, and recommendations to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
Observers
Any Federal agency with matters under such agency’s administrative jurisdiction related to the function of a committee established under this chapter may designate a representative to—
attend any meeting of such committee; and
participate as an observer at meetings of such committee that relate to such a matter.
.
Clerical amendment
The analysis for subtitle I of title 14, United States Code, is amended by inserting after the item relating to chapter 11 the following:
.
Conforming amendments
Commercial Fishing Safety Advisory Committee
Section 4508 of title 46, United States Code, and the item relating to that section in the analysis for chapter 45 of that title, are repealed.
Merchant Mariner Medical Advisory Committee
Section 7115 of title 46, United States Code, and the item relating to that section in the analysis for chapter 71 of that title, are repealed.
Merchant Marine Personnel Advisory Committee
Repeal
Section 8108 of title 46, United States Code, and the item relating to that section in the analysis for chapter 81 of that title, are repealed.
Conforming amendment
Section 7510(c)(1)(C) of title 46, United States Code, is amended by inserting National
before Merchant Marine
.
National Boating Safety Advisory Council
Repeal
Section 13110 of title 46, United States Code, and the item relating to that section in the analysis for chapter 131 of that title, are repealed.
Conforming amendments
Regulations
Section 4302(c)(4) of title 46, United States Code, is amended by striking Council established under section 13110 of this title
and inserting Committee established under section 1305 of title 14
.
Repair and replacement of defects
Section 4310(f) of title 46, United States Code, is amended by striking Advisory Council
and inserting Advisory Committee
.
Navigation Safety Advisory Council
Section 5 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is repealed.
Towing Safety Advisory Committee
Repeal
Public Law 96–380 (33 U.S.C. 1231a) is repealed.
Conforming amendments
Reduction of oil spills from single hull non-self-propelled tank vessels
Section 3719 of title 46, United States Code, is amended by inserting National
before Towing Safety
.
Safety equipment
Section 4102(f)(1) of title 46, United States Code, is amended by inserting National
before Towing Safety
.
Treatment of existing councils and committees
Notwithstanding any other provision of law—
an advisory council or committee substantially similar to an advisory committee established under chapter 13 of title 14, United States Code, as added by this Act, and that was in force or in effect on the day before the date of enactment of this section, including a council or committee the authority for which was repealed under subsection (c), may remain in force or in effect for a period of 2 years from the date of enactment of this section, including that the charter, membership, and other aspects of the council or committee may remain in force or in effect; and
during the 2-year period referenced in paragraph (1)—
requirements relating to the applicable advisory committee established under chapter 13 of title 14, United States Code, shall be treated as satisfied by the substantially similar advisory council or committee; and
the enactment of this section, including the amendments made in this section, shall not be the basis—
to deem, find, or declare such council or committee, including the charter, membership, and other aspects thereof, void, not in force, or not in effect;
to suspend the activities of such council or committee; or
to bar the members of such council or committee from meeting.
Clothing at time of discharge for good of service
Section 2705 of title 14, United States Code, and the item relating to that section in the analysis for chapter 27 of that title, are repealed.
Passed the House of Representatives June 26, 2017.
Karen L. Haas,
Clerk