SEC. 801. Repeal of Obsolete Reporting Requirement.
Subsection (h) of section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468) is repealed.
Title VIII — Miscellaneous
TITLE VIII Miscellaneous
SEC. 802. Corrections to Provisions Enacted by Coast Guard Authorization Acts.
Section 604(b) of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (Public Law 113–281; 128 Stat. 3061) is amended by inserting “ and fishery endorsement” after “ endorsement”.
SEC. 803. Officer Evaluation Report.
In General.— Not later than 3 years after the date of the enactment of this Act, the Commandant of the Coast Guard shall reduce lieutenant junior grade evaluation reports to the same length as an ensign or place lieutenant junior grade evaluations on an annual schedule.
Surveys.— Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall conduct surveys of—
outgoing promotion board members and assignment officers to determine, at a minimum—
which sections of the officer evaluation report were most useful;
which sections of the officer evaluation report were least useful;
how to better reflect high performers; and
any recommendations for improving the officer evaluation report; and
at least 10 percent of the officers from each grade of officers from O1 to O6 to determine how much time each member of the rating chain spends on that member’s portion of the officer evaluation report.
Revisions.—
In general.— Not later than 4 years after the date of the completion of the surveys required by subsection (b), the Commandant of the Coast Guard shall revise the officer evaluation report, and provide corresponding directions, taking into account the requirements under paragraph (2).
Requirements.— In revising the officer evaluation report under paragraph (1), the Commandant shall—
consider the findings of the surveys under subsection (b);
improve administrative efficiency;
reduce and streamline performance dimensions and narrative text;
eliminate redundancy with the officer specialty management system and any other record information systems that are used during the officer assignment or promotion process;
provide for fairness and equity for Coast Guard officers with regard to promotion boards, selection panels, and the assignment process; and
ensure officer evaluation responsibilities can be accomplished within normal working hours—
to minimize any impact to officer duties; and
to eliminate any need for an officer to take liberty or leave for administrative purposes.
Report.—
In general.— Not later than 545 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the surveys under subsection (b).
Format.— The report under paragraph (1) shall be formatted by each rank, type of board, and position, as applicable.
SEC. 804. Extension of Authority.
Section 404 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 124 Stat. 2950) is amended—
in subsection (a), in the text preceding paragraph (1), by striking “ sections 3304, 5333, and 5753” and inserting “ section 3304”; and
by striking subsection (b), and redesignating subsection (c) as subsection (b).
SEC. 805. Coast Guard Rotc Program.
Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the costs and benefits of creating a Coast Guard Reserve Officers’ Training Corps Program based on the other Armed Forces programs.
SEC. 806. Currency Detection Canine Team Program.
Definitions.— In this section:
Canine currency detection team.— The term “canine currency detection team” means a canine and a canine handler that are trained to detect currency.
Secretary.— The term “Secretary” means the Secretary of the department in which the Coast Guard is operating.
Establishment.— Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a program to allow the use of canine currency detection teams for purposes of Coast Guard maritime law enforcement, including underway vessel boardings.
Operation.— The Secretary may cooperate with, or enter into an agreement with, the head of another Federal agency to meet the requirements under subsection (b).
SEC. 807. Center of Expertise for Great Lakes Oil Spill Search and Response.
In General.— Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall establish a Center of Expertise for Great Lakes Oil Spill Preparedness and Response (referred to in this section as the “Center of Expertise”) in accordance with section 313 of title 14, United States Code, as amended by this Act.
Location.— The Center of Expertise shall be located in close proximity to—
critical crude oil transportation infrastructure on and connecting the Great Lakes, such as submerged pipelines and high-traffic navigation locks; and
an institution of higher education with adequate aquatic research laboratory facilities and capabilities and expertise in Great Lakes aquatic ecology, environmental chemistry, fish and wildlife, and water resources.
Functions.— The Center of Expertise shall—
monitor and assess, on an ongoing basis, the current state of knowledge regarding freshwater oil spill response technologies and the behavior and effects of oil spills in the Great Lakes;
identify any significant gaps in Great Lakes oil spill research, including an assessment of major scientific or technological deficiencies in responses to past spills in the Great Lakes and other freshwater bodies, and seek to fill those gaps;
conduct research, development, testing, and evaluation for freshwater oil spill response equipment, technologies, and techniques to mitigate and respond to oil spills in the Great Lakes;
educate and train Federal, State, and local first responders located in Coast Guard District 9 in—
the incident command system structure;
Great Lakes oil spill response techniques and strategies; and
public affairs; and
work with academic and private sector response training centers to develop and standardize maritime oil spill response training and techniques for use on the Great Lakes.
Definition.— In this section, the term “Great Lakes” means Lake Superior, Lake Michigan, Lake Huron, Lake Erie, and Lake Ontario.
SEC. 808. Public Safety Answering Points and Maritime Search and Rescue Coordination.
Not later than 180 days after the date of the enactment of this Act—
the Secretary of the department in which the Coast Guard is operating acting through the Commandant of the Coast Guard shall review Coast Guard policies and procedures for public safety answering points and search-and-rescue coordination with State and local law enforcement entities in order to—
further minimize the possibility of maritime 911 calls being improperly routed; and
assure the Coast Guard is able to effectively carry out the Coast Guard’s maritime search and rescue mission; and
the Commandant shall—
formulate a national maritime public safety answering points policy; and
submit a report to the Congress on such assessment and policy, which shall include an update to the report submitted in accordance with section 233 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014.
SEC. 809. Ship Shoal Lighthouse Transfer: Repeal.
Effective January 1, 2021, section 27 of the Coast Guard Authorization Act of 1991 (Public Law 102–241; 105 Stat. 2218) is repealed.
SEC. 810. Land Exchange, Ayakulik Island, Alaska.
Land Exchange; Ayakulik Island, Alaska.— If the owner of Ayakulik Island, Alaska, offers to exchange the Island for the Tract—
within 10 days after receiving such offer, the Secretary shall provide notice of the offer to the Commandant;
within 90 days after receiving the notice under paragraph (1), the Commandant shall develop and transmit to the Secretary proposed operational restrictions on commercial activity conducted on the Tract, including the right of the Commandant to—
order the immediate termination, for a period of up to 72 hours, of any activity occurring on or from the Tract that violates or threatens to violate one or more of such restrictions; or
commence a civil action for appropriate relief, including a permanent or temporary injunction enjoining the activity that violates or threatens to violate such restrictions;
within 90 days after receiving the proposed operational restrictions from the Commandant, the Secretary shall transmit such restrictions to the owner of Ayakulik Island; and
within 30 days after transmitting the proposed operational restrictions to the owner of Ayakulik Island, and if the owner agrees to such restrictions, the Secretary shall convey all right, title, and interest of the United States in and to the Tract to the owner, subject to an easement granted to the Commandant to enforce such restrictions, in exchange for all right, title, and interest of such owner in and to Ayakulik Island.
Boundary Revisions.— The Secretary may make technical and conforming revisions to the boundaries of the Tract before the date of the exchange.
Public Land Order.— Effective on the date of an exchange under subsection (a), Public Land Order 5550 shall have no force or effect with respect to submerged lands that are part of the Tract.
Failure to Timely Respond to Notice.— If the Commandant does not transmit proposed operational restrictions to the Secretary within 30 days after receiving the notice under subsection (a)(1), the Secretary shall, by not later than 60 days after transmitting such notice, convey all right, title, and interest of the United States in and to the Tract to the owner of Ayakulik Island in exchange for all right, title, and interest of such owner in and to Ayakulik Island.
CERCLA Not Affected.— This section and an exchange under this section shall not be construed to limit the application of or otherwise affect section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
Definitions.— In this section:
Commandant.— The term “Commandant” means the Secretary of the department in which the Coast Guard is operating, acting through the Commandant of the Coast Guard.
Secretary.— The term “Secretary” means the Secretary of the Interior.
Tract.— The term “Tract” means the land (including submerged land) depicted as “PROPOSED PROPERTY EXCHANGE AREA” on the survey titled “PROPOSED PROPERTY EXCHANGE PARCEL” and dated 3/22/17.
SEC. 811. Use of Tract 43.
Section 524(e)(2) of the Pribilof Island Transition Completion Act of 2016 (Public Law 114–120), as amended by section 3533 of the Pribilof Island Transition Completion Amendments Act of 2016 (subtitle B of title XXXV of Public Law 114–328), is amended by—
striking “ each month” and inserting “ each April and October”; and
striking “ previous month” and inserting “ previous six months”.
SEC. 812. Coast Guard Maritime Domain Awareness.
In General.— The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Sciences not later than 60 days after the date of the enactment of this Act under which the Academy shall prepare an assessment of available unmanned, autonomous, or remotely controlled maritime domain awareness technologies for use by the Coast Guard.
Assessment.— The assessment shall—
describe the potential limitations of current and emerging unmanned technologies used in the maritime domain for—
ocean observation;
vessel monitoring and identification;
weather observation;
to the extent practicable for consideration by the Academy, intelligence gathering, surveillance, and reconnaissance; and
communications;
examine how technologies described in paragraph (1) can help prioritize Federal investment by examining;
affordability, including acquisition, operations, and maintenance;
reliability;
versatility;
efficiency; and
estimated service life and persistence of effort; and
analyze whether the use of new and emerging maritime domain awareness technologies can be used to—
carry out Coast Guard missions at lower costs;
expand the scope and range of Coast Guard maritime domain awareness;
allow the Coast Guard to more efficiently and effectively allocate Coast Guard vessels, aircraft, and personnel; and
identify adjustments that would be necessary in Coast Guard policies, procedures, and protocols to incorporate unmanned technologies to enhance efficiency.
Report to Congress.— Not later than 1 year after entering into an arrangement with the Secretary under subsection (a), the National Academy of Sciences shall submit the assessment prepared under this section to the Committees on Transportation and Infrastructure and Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
Use of Information.— In formulating costs pursuant to subsection (b), the National Academy of Sciences may utilize information from other Coast Guard reports, assessments, or analyses regarding existing Coast Guard manpower requirements or other reports, assessments, or analyses for the acquisition of unmanned, autonomous, or remotely controlled technologies by the Federal Government.
SEC. 813. Monitoring.
In General.— The Secretary of the department in which the Coast Guard is operating shall conduct a 1-year pilot program to determine the impact of persistent use of different types of surveillance systems on illegal maritime activities, including illegal, unreported, and unregulated fishing, in the Western Pacific region.
Requirements.— The pilot program shall—
consider the use of light aircraft-based detection systems that can identify potential illegal activity from high altitudes and produce enforcement-quality evidence at low altitudes; and
be directed at detecting and deterring illegal maritime activities, including illegal, unreported, and unregulated fishing, and enhancing maritime domain awareness.
SEC. 814. Reimbursements for Non-Federal Construction Costs of Certain Aids to Navigation.
In General.— Subject to the availability of amounts specifically provided in advance in subsequent appropriations Acts and in accordance with this section, the Commandant of the Coast Guard may reimburse a non-Federal entity for costs incurred by the entity for a covered project.
Conditions.— The Commandant may not provide reimbursement under subsection (a) with respect to a covered project unless—
the need for the project is a result of the completion of construction with respect to a federally authorized navigation channel;
the Commandant determines, through an appropriate navigation safety analysis, that the project is necessary to ensure safe marine transportation;
the Commandant approves the design of the project to ensure that it meets all applicable Coast Guard aids-to-navigation standards and requirements;
the non-Federal entity agrees to transfer the project upon completion to the Coast Guard for operation and maintenance by the Coast Guard as a Federal aid to navigation;
the non-Federal entity carries out the project in accordance with the same laws and regulations that would apply to the Coast Guard if the Coast Guard carried out the project, including obtaining all permits required for the project under Federal and State law; and
the Commandant determines that the project satisfies such additional requirements as may be established by the Commandant.
Limitations.— Reimbursements under subsection (a) may not exceed the following:
For a single covered project, $5,000,000.
For all covered projects in a single fiscal year, $5,000,000.
Expiration.— The authority granted under this section shall expire on the date that is 4 years after the date of enactment of this section.
Covered Project Defined.— In this section, the term “covered project” means a project carried out—
by a non-Federal entity to construct and establish an aid to navigation that facilitates safe and efficient marine transportation on a Federal navigation project authorized by title I of the Water Resources Development Act of 2007 (Public Law 110–114); and
in an area that was affected by Hurricane Harvey.
SEC. 815. Towing Safety Management System Fees.
Review.— The Commandant of the Coast Guard shall—
review and compare the costs to the Government of—
towing vessel inspections performed by the Coast Guard; and
such inspections performed by a third party; and
based on such review and comparison, determine whether the costs to the Government of such inspections performed by a third party are different than the costs to the Government of such inspections performed by the Coast Guard.
Revision of Fees.— If the Commandant determines under subsection (a) that the costs to the Government of such inspections performed by a third party are different than the costs to the Government of such inspections performed by the Coast Guard, then the Commandant shall revise the fee assessed by the Coast Guard for such inspections as necessary to conform to the requirements under section 9701 of title 31, United States Code, that such fee be based on the cost to the Government of such inspections and accurately reflect such costs.
SEC. 816. Oil Spill Disbursements Auditing and Report.
Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is amended—
by repealing subsection (g);
in subsection (l)(1), by striking “ Within one year after the date of enactment of the Coast Guard Authorization Act of 2010, and annually thereafter,” and inserting “ Each year, on the date on which the President submits to Congress a budget under section 1105 of title 31, United States Code,”; and
by amending subsection (l)(2) to read as follows:
“(2) Contents.—The report shall include—
“(A) a list of each incident that—
“(i) occurred in the preceding fiscal year; and
“(ii) resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more;
“(B) a list of each incident that—
“(i) occurred in the fiscal year preceding the preceding fiscal year; and
“(ii) resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more; and
“(C) an accounting of any amounts reimbursed to the Fund in the preceding fiscal year that were recovered from a responsible party for an incident that resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more.”
SEC. 817. Fleet Requirements Assessment and Strategy.
Report.— Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in consultation with interested Federal and non-Federal stakeholders, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report including—
an assessment of Coast Guard at-sea operational fleet requirements to support its statutory missions established in the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.); and
a strategic plan for meeting the requirements identified under paragraph (1).
Contents.— The report under subsection (a) shall include—
an assessment of—
the extent to which the Coast Guard at-sea operational fleet requirements referred to in subsection (a)(1) are currently being met;
the Coast Guard’s current fleet, its operational lifespan, and how the anticipated changes in the age and distribution of vessels in the fleet will impact the ability to meet at-sea operational requirements;
fleet operations and recommended improvements to minimize costs and extend operational vessel life spans; and
the number of Fast Response Cutters, Offshore Patrol Cutters, and National Security Cutters needed to meet at-sea operational requirements as compared to planned acquisitions under the current programs of record;
an analysis of—
how the Coast Guard at-sea operational fleet requirements are currently met, including the use of the Coast Guard’s current cutter fleet, agreements with partners, chartered vessels, and unmanned vehicle technology; and
whether existing and planned cutter programs of record (including the Fast Response Cutter, Offshore Patrol Cutter, and National Security Cutter) will enable the Coast Guard to meet at-sea operational requirements; and
a description of—
planned manned and unmanned vessel acquisition; and
how such acquisitions will change the extent to which the Coast Guard at-sea operational requirements are met.
Consultation and Transparency.—
Consultation.— In consulting with the Federal and non-Federal stakeholders under subsection (a), the Secretary of the department in which the Coast Guard is operating shall—
provide the stakeholders with opportunities for input—
prior to initially drafting the report, including the assessment and strategic plan; and
not later than 3 months prior to finalizing the report, including the assessment and strategic plan, for submission; and
document the input and its disposition in the report.
Transparency.— All input provided under paragraph (1) shall be made available to the public.
Ensuring Maritime Coverage.— In order to meet Coast Guard mission requirements for search and rescue, ports, waterways, and coastal security, and maritime environmental response during recapitalization of Coast Guard vessels, the Coast Guard shall ensure continuity of the coverage, to the maximum extent practicable, in the locations that may lose assets.
SEC. 818. National Security Cutter.
Standard Method for Tracking.— The Commandant of the Coast Guard may not certify an eighth National Security Cutter as Ready for Operations before the date on which the Commandant provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
a notification of a new standard method for tracking operational employment of Coast Guard major cutters that does not include time during which such a cutter is away from its homeport for maintenance or repair; and
a report analyzing cost and performance for different approaches to achieving varied levels of operational employment using the standard method required by paragraph (1) that, at a minimum—
compares over a 30-year period the average annualized baseline cost and performances for a certified National Security Cutter that operated for 185 days away from homeport or an equivalent alternative measure of operational tempo—
against the cost of a 15 percent increase in days away from homeport or an equivalent alternative measure of operational tempo for a National Security Cutter; and
against the cost of the acquisition and operation of an additional National Security Cutter; and
examines the optimal level of operational employment of National Security Cutters to balance National Security Cutter cost and mission performance.
Conforming Amendments.—
Section 221(b) of the Coast Guard and Maritime Transportation Act of 2012 (126 Stat. 1560) is repealed.
Section 204(c)(1) of the Coast Guard Authorization Act of 2016 (130 Stat. 35) is repealed.
SEC. 819. Acquisition Plan for Inland Waterway and River Tenders and Bay-Class Icebreakers.
Acquisition Plan.— Not later than 270 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan to replace or extend the life of the Coast Guard fleet of inland waterway and river tenders, and the Bay-class icebreakers.
Contents.— The plan under subsection (a) shall include—
an analysis of the work required to extend the life of vessels described in subsection (a);
recommendations for which, if any, such vessels it is cost effective to undertake a ship-life extension or enhanced maintenance program;
an analysis of the aids to navigation program to determine if advances in navigation technology may reduce the needs for physical aids to navigation;
recommendations for changes to physical aids to navigation and the distribution of such aids that reduce the need for the acquisition of vessels to replace the vessels described in subsection (a);
a schedule for the acquisition of vessels to replace the vessels described in subsection (a), including the date on which the first vessel will be delivered;
the date such acquisition will be complete;
a description of the order and location of replacement vessels;
an estimate of the cost per vessel and of the total cost of the acquisition program of record; and
an analysis of whether existing vessels can be used.
SEC. 820. Great Lakes Icebreaker Acquisition.
Icebreaking on the Great Lakes.— For fiscal years 2018 and 2019, the Commandant of the Coast Guard may use funds made available pursuant to section 4902 of title 14, United States Code, as amended by this Act, for the construction of an icebreaker that is at least as capable as the Coast Guard Cutter Mackinaw to enhance icebreaking capacity on the Great Lakes.
Acquisition Plan.— Not later than 45 days after the date of enactment of this Act, the Commandant shall submit a plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives for acquiring an icebreaker described in subsections (a) and (b). Such plan shall include—
the details and schedule of the acquisition activities to be completed; and
a description of how the funding for Coast Guard acquisition, construction, and improvements that was appropriated under the Consolidated Appropriations Act, 2017 (Public Law 115–31) will be allocated to support the acquisition activities referred to in paragraph (1).
SEC. 821. Polar Icebreakers.
Enhanced Maintenance Program for the Polar Star.—
In general.— Subject to the availability of appropriations, the Commandant of the Coast Guard shall conduct an enhanced maintenance program on Coast Guard Cutter Polar Star (WAGB–10) to extend the service life of such vessel until at least December 31, 2025.
Requirement for report.— Not later than 180 days after the date of the enactment of the Coast Guard Authorization Act of 2017, the Secretary of the department in which the Coast Guard is operating, in consultation with Naval Sea Systems Command, shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives a detailed report describing a plan to extend the service life of the Coast Guard Cutter Polar Star (WAGB–10) until at least December 31, 2025, through an enhanced maintenance program.
Content.— The report required by paragraph (2) shall include the following:
An assessment and discussion of the enhanced maintenance program recommended by the National Academies of Sciences, Engineering, and Medicine’s Committee on Polar Icebreaker Cost Assessment in the letter report “Acquisition and Operation of Polar Icebreakers: Fulfilling the Nation’s Needs”.
An assessment and discussion of the Government Accountability Office’s concerns and recommendations regarding service life extension work on Coast Guard Cutter Polar Star (WAGB–10) in the report “Status of the Coast Guard’s Polar Icebreaking Fleet Capability and Recapitalization Plan”.
Based upon a materiel condition assessment of the Coast Guard Cutter Polar Star (WAGB–10)—
a description of the service life extension needs of the vessel;
detailed information regarding planned shipyard work for each fiscal year to meet such needs; and
an estimate of the amount needed to be appropriated to complete the enhanced maintenance program.
A plan to ensure the vessel will maintain seasonally operational status during the enhanced maintenance program.
Authorization of appropriations.— The Commandant of the Coast Guard may use funds made available pursuant to section 4902 of title 14, United States Code, as amended by section 202 of this Act, for the enhanced maintenance program described in the report required by subsection (a).
Coast Guard and Maritime Transportation Act of 2012; Amendment.— Section 222 of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213), as amended, is further amended as follows:
by striking subsections (a) through (d);
by redesignating subsections (e) through (g) as subsections (a) through (c), respectively;
in subsection (a), as redesignated—
in the matter preceding paragraph (1), by striking “ Except as provided in subsection (c), the Commandant” and inserting “ The Commandant”;
in paragraph (1) by striking “ Polar Sea or”;
in paragraph (2) by striking “ either of the vessels” and inserting “ the Polar Star or the Polar Sea”; and
in paragraph (3) by striking “ either of the vessels” each place it appears and inserting “ the Polar Star”.
SEC. 822. Strategic Assets in the Arctic.
Definition of Arctic.— In this section, the term “Arctic” has the meaning given the term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
Sense of Congress.— It is the sense of Congress that—
the Arctic continues to grow in significance to both the national security interests and the economic prosperity of the United States; and
the Coast Guard must ensure it is positioned to respond to any accident, incident, or threat with appropriate assets.
Report.— Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard, in consultation with the Secretary of Defense and taking into consideration the Department of Defense 2016 Arctic Strategy, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress toward implementing the strategic objectives described in the United States Coast Guard Arctic Strategy dated May 2013.
Contents.— The report under subsection (c) shall include—
a description of the Coast Guard’s progress toward each strategic objective identified in the United States Coast Guard Arctic Strategy dated May 2013;
an assessment of the assets and infrastructure necessary to meet the strategic objectives identified in the United States Coast Guard Arctic Strategy dated May 2013 based on factors such as—
response time;
coverage area;
endurance on scene;
presence; and
deterrence;
an analysis of the sufficiency of the distribution of National Security Cutters, Offshore Patrol Cutters, and Fast Response Cutters both stationed in various Alaskan ports and in other locations to meet the strategic objectives identified in the United States Coast Guard Arctic Strategy, dated May 2013;
plans to provide communications throughout the entire Coastal Western Alaska Captain of the Port zone to improve waterway safety and mitigate close calls, collisions, and other dangerous interactions between the shipping industry and subsistence hunters;
plans to prevent marine casualties, when possible, by ensuring vessels avoid environmentally sensitive areas and permanent security zones;
an explanation of—
whether it is feasible to establish a vessel traffic service, using existing resources or otherwise; and
whether an Arctic Response Center of Expertise is necessary to address the gaps in experience, skills, equipment, resources, training, and doctrine to prepare, respond to, and recover spilled oil in the Arctic; and
an assessment of whether sufficient agreements are in place to ensure the Coast Guard is receiving the information it needs to carry out its responsibilities.
SEC. 823. Arctic Planning Criteria.
Alternative Planning Criteria.—
In general.— For purposes of the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), the Commandant of the Coast Guard may approve a vessel response plan under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) for a vessel operating in any area covered by the Captain of the Port Zone (as established by the Commandant) that includes the Arctic, if the Commandant verifies that—
equipment required to be available for response under the plan has been tested and proven capable of operating in the environmental conditions expected in the area in which it is intended to be operated; and
the operators of such equipment have conducted training on the equipment within the area covered by such Captain of the Port Zone.
Post-approval requirements.— In approving a vessel response plan under paragraph (1), the Commandant shall—
require that the oil spill removal organization identified in the vessel response plan conduct regular exercises and drills using the response resources identified in the plan in the area covered by the Captain of the Port Zone that includes the Arctic; and
allow such oil spill removal organization to take credit for a response to an actual spill or release in the area covered by such Captain of the Port Zone, instead of conducting an exercise or drill required under subparagraph (A), if the oil spill removal organization—
documents which exercise or drill requirements were met during the response; and
submits a request for credit to, and receives approval from, the Commandant.
Report.—
In general.— Not later than 120 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the oil spill prevention and response capabilities for the area covered by the Captain of the Port Zone (as established by the Commandant) that includes the Arctic.
Contents.— The report submitted under paragraph (1) shall include the following:
A description of equipment and assets available for response under the vessel response plans approved for vessels operating in the area covered by the Captain of the Port Zone, including details on any providers of such equipment and assets.
A description of the location of such equipment and assets, including an estimate of the time to deploy the equipment and assets.
A determination of how effectively such equipment and assets are distributed throughout the area covered by the Captain of the Port Zone.
A statement regarding whether the ability to maintain and deploy such equipment and assets is taken into account when measuring the equipment and assets available throughout the area covered by the Captain of the Port Zone.
A validation of the port assessment visit process and response resource inventory for response under the vessel response plans approved for vessels operating in the area covered by the Captain of the Port Zone.
A determination of the compliance rate with Federal vessel response plan regulations in the area covered by the Captain of the Port Zone during the previous 3 years.
A description of the resources needed throughout the area covered by the Captain of the Port Zone to conduct port assessments, exercises, response plan reviews, and spill responses.
Definition of Arctic.— In this section, the term “Arctic” has the meaning given the term under section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
SEC. 824. Vessel Response Plan Audit.
In General.— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a comprehensive review of the processes and resources used by the Coast Guard to implement vessel response plan requirements under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321).
Required Elements of Review.— The review required under subsection (a) shall, at a minimum, include—
a study, or an audit if appropriate, of the processes the Coast Guard uses—
to approve the vessel response plans referred to in subsection (a);
to approve alternate planning criteria used in lieu of National Planning Criteria in approving such plans;
to verify compliance with such plans; and
to act in the event of a failure to comply with the requirements of such plans;
an examination of all Federal and State agency resources used by the Coast Guard in carrying out the processes identified under paragraph (1), including—
the current staffing model and organization;
data, software, simulators, systems, or other technology, including those pertaining to weather, oil spill trajectory modeling, and risk management;
the total amount of time per fiscal year expended by Coast Guard personnel to approve and verify compliance with vessel response plans; and
the average amount of time expended by the Coast Guard for approval of, and verification of compliance with, a single vessel response plan;
an analysis of how, including by what means or methods, the processes identified under paragraph (1)—
ensure compliance with applicable law;
are implemented by the Coast Guard, including at the district and sector levels;
are informed by public comment and engagement with States, Indian Tribes, and other regional stakeholders;
ensure availability and adequate operational capability and capacity of required assets and equipment, including in cases in which contractual obligations may limit the availability of such assets and equipment for response;
provide for adequate asset and equipment mobilization time requirements, particularly with respect to—
calculation and establishment of such requirements;
verifying compliance with such requirements; and
factoring in weather, including specific regional adverse weather as defined in section 155.1020 of title 33, Code of Federal Regulations, in calculating, establishing, and verifying compliance with such requirements;
ensure response plan updates and vessel compliance when changes occur in response planning criteria, asset and equipment mobilization times, or regional response needs, such as trends in transportation of high gravity oils or changes in vessel traffic volume; and
enable effective action by the Coast Guard in the event of a failure to comply with response plan requirements;
a determination regarding whether asset and equipment mobilization time requirements under approved vessel response plans can be met by the vessels to which they apply; and
recommendations for improving the processes identified under paragraph (1), including recommendations regarding the sufficiency of Coast Guard resources dedicated to those processes.
SEC. 825. Waters Deemed Not Navigable Waters of the United States for Certain Purposes.
For purposes of the application of subtitle II of title 46, United States Code, to the Volunteer (Hull Number CCA4108), the Illinois and Michigan Canal is deemed to not be navigable waters of the United States.
SEC. 826. Documentation of Recreational Vessels.
Coast Guard personnel performing nonrecreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform recreational vessel documentation under section 12114 of such title in any fiscal year in which—
funds available for Coast Guard operating expenses may not be used for expenses incurred for recreational vessel documentation;
fees collected from owners of yachts and credited to such use are insufficient to pay expenses of recreational vessel documentation; and
there is a backlog of applications for recreational vessel documentation.
SEC. 827. Equipment Requirements; Exemption from Throwable Personal Flotation Devices Requirement.
Not later than one year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall—
prescribe regulations in part 160 of title 46, Code of Federal Regulations, that treat a marine throw bag, as that term is commonly used in the commercial whitewater rafting industry, as a type of lifesaving equipment; and
revise section 175.17 of title 33, Code of Federal Regulations, to exempt rafts that are 16 feet or more overall in length from the requirement to carry an additional throwable personal flotation device when such a marine throw bag is onboard and accessible.
SEC. 828. Visual Distress Signals and Alternative Use.
In General.— The Secretary of the department in which the Coast Guard is operating shall develop a performance standard for the alternative use and possession of visual distress alerting and locating signals as mandated by carriage requirements for recreational boats in subpart C of part 175 of title 33, Code of Federal Regulations.
Regulations.— Not later than 180 days after the performance standard for alternative use and possession of visual distress alerting and locating signals is finalized, the Secretary shall revise part 175 of title 33, Code of Federal Regulations, to allow for carriage of such alternative signal devices.
SEC. 829. Radar Refresher Training.
Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall prescribe a final rule eliminating the requirement that a mariner actively using the mariner’s credential complete an approved refresher or recertification course to maintain a radar observer endorsement. This rulemaking shall be exempt from chapters 5 and 6 of title 5, United States Code, and Executive Orders 12866 and 13563.
SEC. 830. Commercial Fishing Vessel Safety National Communications Plan.
Requirement for Plan.— Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a national communications plan for the purposes of—
disseminating information to the commercial fishing vessel industry;
conducting outreach with the commercial fishing vessel industry;
facilitating interaction with the commercial fishing vessel industry; and
releasing information collected under section 15102 of title 46, United States Code, as added by this Act, to the commercial fishing vessel industry.
Content.— The plan required by subsection (a), and each annual update, shall—
identify staff, resources, and systems available to the Secretary to ensure the widest dissemination of information to the commercial fishing vessel industry;
include a means to document all communication and outreach conducted with the commercial fishing vessel industry; and
include a mechanism to measure effectiveness of such plan.
Implementation.— Not later than one year after submission of the initial plan, the Secretary of the department in which the Coast Guard is operating shall implement the plan and shall at a minimum—
leverage Coast Guard staff, resources, and systems available;
monitor implementation nationwide to ensure adherence to plan contents;
allow each Captain of the Port to adopt the most effective strategy and means to communicate with commercial fishing vessel industry in that Captain of the Port Zone;
document communication and outreach; and
solicit feedback from the commercial fishing vessel industry.
Report and Updates.— The Secretary of the department in which the Coast Guard is operating shall—
submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the effectiveness of the plan to date and any updates to ensure maximum impact of the plan one year after the date of enactment of this Act, and every 4 years thereafter; and
include in such report input from individual Captains of the Port and any feedback received from the commercial fishing vessel industry.
SEC. 831. Atlantic Coast Port Access Route Study Recommendations.
Not later than 30 days after the date of the enactment of the Act, the Commandant of the Coast Guard shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of action taken to carry out the recommendations contained in the final report issued by the Atlantic Coast Port Access Route Study (ACPARS) workgroup for which notice of availability was published March 14, 2016 (81 Fed. Reg. 13307).
SEC. 832. Drawbridges.
Section 5 of the Act entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes”, approved August 18, 1894 (33 U.S.C. 499), is amended by adding at the end the following:
“(d) Temporary Changes to Drawbridge Operating Schedules.—Notwithstanding section 553 of title 5, United States Code, whenever a temporary change to the operating schedule of a drawbridge, lasting 180 days or less—
“(1) is approved—
“(A) the Secretary of the department in which the Coast Guard is operating shall—
“(i) issue a deviation approval letter to the bridge owner; and
“(ii) announce the temporary change in—
“(I) the Local Notice to Mariners;
“(II) a broadcast notice to mariners and through radio stations; or
“(III) such other local media as the Secretary considers appropriate; and
“(B) the bridge owner, except a railroad bridge owner, shall notify—
“(i) the public by publishing notice of the temporary change in a newspaper of general circulation published in the place where the bridge is located;
“(ii) the department, agency, or office of transportation with jurisdiction over the roadway that abuts the approaches to the bridge; and
“(iii) the law enforcement organization with jurisdiction over the roadway that abuts the approaches to the bridge; or
“(2) is denied, the Secretary of the department in which the Coast Guard is operating shall—
“(A) not later than 10 days after the date of receipt of the request, provide the bridge owner in writing the reasons for the denial, including any supporting data and evidence used to make the determination; and
“(B) provide the bridge owner a reasonable opportunity to address each reason for the denial and resubmit the request.
“(e) Drawbridge Movements.—The Secretary of the department in which the Coast Guard is operating—
“(1) shall require a drawbridge operator to record each movement of the drawbridge in a logbook;
“(2) may inspect the logbook to ensure drawbridge movement is in accordance with the posted operating schedule;
“(3) shall review whether deviations from the posted operating schedule are impairing vehicular and pedestrian traffic; and
“(4) may determine if the operating schedule should be adjusted for efficiency of maritime or vehicular and pedestrian traffic.
“(f) Requirements.—
“(1) Logbooks.—An operator of a drawbridge built across a navigable river or other water of the United States—
“(A) that opens the draw of such bridge for the passage of a vessel, shall record in a logbook—
“(i) the bridge identification and date of each opening;
“(ii) the bridge tender or operator for each opening;
“(iii) each time it is opened for navigation;
“(iv) each time it is closed for navigation;
“(v) the number and direction of vessels passing through during each opening;
“(vi) the types of vessels passing through during each opening;
“(vii) an estimated or known size (height, length, and beam) of the largest vessel passing through during each opening;
“(viii) for each vessel, the vessel name and registration number if easily observable; and
“(ix) all maintenance openings, malfunctions, or other comments; and
“(B) that remains open to navigation but closes to allow for trains to cross, shall record in a logbook—
“(i) the bridge identification and date of each opening and closing;
“(ii) the bridge tender or operator;
“(iii) each time it is opened to navigation;
“(iv) each time it is closed to navigation; and
“(v) all maintenance openings, closings, malfunctions, or other comments.
“(2) Maintenance of logbooks.—A drawbridge operator shall maintain logbooks required under paragraph (1) for not less than 5 years.
“(3) Submission of logbooks.—At the request of the Secretary of the department in which the Coast Guard is operating, a drawbridge operator shall submit to the Secretary the logbook required under paragraph (1) as the Secretary considers necessary to carry out this section.
“(4) Exemption.—The requirements under paragraph (1) shall be exempt from sections 3501 to 3521 of title 44, United States Code.”
SEC. 833. Waiver.
Section 8902 of title 46, United States Code, shall not apply to the chain ferry DIANE (United States official number CG002692) when such vessel is operating on the Kalamazoo River in Saugatuck, Michigan.
SEC. 834. Fire-Retardant Materials.
Section 3503 of title 46, United States Code, is amended to read as follows:
Ҥ 3503. Fire-retardant materials
“(a)
(1) A passenger vessel of the United States having berth or stateroom accommodations for at least 50 passengers shall be granted a certificate of inspection only if—
“(A) the vessel is constructed of fire-retardant materials; and
“(B) the vessel—
“(i) is operating engines, boilers, main electrical distribution panels, fuel tanks, oil tanks, and generators that meet current Coast Guard regulations; and
“(ii) is operating boilers and main electrical generators that are contained within noncombustible enclosures equipped with fire suppression systems.
“(2) Before December 1, 2028, this subsection does not apply to any vessel in operation before January 1, 1968, and operating only within the Boundary Line.
“(b)
(1) The owner or managing operator of an exempted vessel described in subsection (a)(2) shall—
“(A) notify in writing prospective passengers, prior to purchase, and each crew member that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing areas;
“(B) display in clearly legible font prominently throughout the vessel, including in each state room the following: ‘THIS VESSEL FAILS TO COMPLY WITH SAFETY RULES AND REGULATIONS OF THE U.S. COAST GUARD.’;
“(C) acquire prior to the vessel entering service, and maintain, liability insurance in an amount to be prescribed by the Federal Maritime Commission;
“(D) make annual structural alteration to not less than 10 percent of the areas of the vessel that are not constructed of fire retardant materials;
“(E) prioritize alterations in galleys, engineering areas of the vessel, including all spaces and compartments containing, or adjacent to spaces and compartments containing, engines, boilers, main electrical distribution panels, fuel tanks, oil tanks, and generators;
“(F) ensure, to the satisfaction of the Secretary, that the combustible fire-load has been reduced pursuant to subparagraph (D) during each annual inspection for certification;
“(G) ensure the vessel has multiple forms of egress off the vessel’s bow and stern;
“(H) provide advance notice to the Coast Guard regarding the structural alterations made pursuant to subparagraph (D) and comply with any noncombustible material requirements prescribed by the Coast Guard;
“(I) annually notify all ports of call and State emergency management offices of jurisdiction that the vessel does not comply with the requirement under subsection (a)(1);
“(J) provide crewmembers manning such vessel shipboard training that—
“(i) is specialized for exempted vessels;
“(ii) exceeds requirements related to standards for firefighting training under chapter I of title 46, Code of Federal Regulations, as in effect on October 1, 2017; and
“(iii) is approved by the Coast Guard; and
“(K) to the extent practicable, take all steps to retain previously trained crew knowledgeable of such vessel or to hire crew trained in operations aboard exempted vessels.
“(2) The owner or managing operator of an exempted vessel described in subsection (a)(2) may not disclaim liability to a passenger or crew member of such vessel for death, injury, or any other loss caused by fire due to the negligence of the owner or managing operator.
“(3) The Secretary shall—
“(A) conduct an annual audit and inspection of each exempted vessel described in subsection (a)(2);
“(B) in implementing subparagraph (b)(1)(F), consider, to the extent practicable, the goal of preservation of the historic integrity of such vessel in areas carrying or accessible to passengers or generally visible to the public; and
“(C) prescribe regulations to carry out this section, including to prescribe the manner in which prospective passengers are to be notified under paragraph (1)(A).
“(4) The penalties provided in section 3504(c) of this title shall apply to a violation of this subsection.
“(c) In addition to otherwise applicable penalties, the Secretary may immediately withdraw a certificate of inspection for an exempted vessel described in subsection (a)(2) that does not comply with any requirement under subsection (b).”
SEC. 835. Vessel Waiver.
In General.— Upon the date of enactment of this Act and notwithstanding sections 12112(a)(2)(A) and 12113(a)(2) of title 46, United States Code, the Secretary shall issue a certificate of documentation with coastwise and fishery endorsements to the certificated vessel.
Replacement Vessel.— The certificated vessel shall qualify as a replacement vessel for the vessel “AMERICA NO.1” (United States official number 610654) and not be precluded from operating as an Amendment 80 replacement vessel under the provisions of part 679 of title 50, Code of Federal Regulations.
Coast Guard Review and Determination.—
Review.— Not later than 30 days after the date of enactment of this Act, the Secretary shall conduct a review of the use of certain foreign fabricated steel components in the hull or superstructure of the certificated vessel.
Determination.— Based on the review conducted under paragraph (1), the Secretary shall determine whether the shipyard that constructed the certificated vessel or the purchaser of the certificated vessel knew before such components were procured or installed that the use of such components would violate requirements under sections 12112(a)(2)(A) and 12113(a)(2) of title 46, United States Code.
Revocation.— If the Secretary determines under paragraph (2) that the shipyard that constructed the certificated vessel or the purchaser of the certificated vessel knew before such components were procured or installed that the use of such components would violate requirements under sections 12112(a)(2)(A) and 12113(a)(2) of title 46, United States Code, the Secretary shall immediately revoke the certificate of documentation issued under subsection (a).
Use of documents.— In conducting the review required under paragraph (1), the Secretary may request and review any information, correspondence, or documents related to the construction of the certificated vessel, including from the shipyard that constructed the certificated vessel and the purchaser of the certificated vessel.
Termination.— If the contract for purchase of the certificated vessel that is in effect on the date of enactment of this Act is terminated, the purchasing party to that contract shall be prohibited from entering into a subsequent contract or agreement for purchase of such vessel.
Definitions.— In this section:
Certificated vessel.— The term “certificated vessel” means the vessel America’s Finest (United States official number 1276760).
Secretary.— The term “Secretary” means the Secretary of the department in which the Coast Guard is operating, acting through the Commandant of the Coast Guard.
SEC. 836. Temporary Limitations.
Limitations.—
In general.— Upon the Coast Guard issuing a certificate of documentation with coastwise and fishery endorsements for the vessel “AMERICA’S FINEST” (United States official number 1276760) and during any period such certificate is in effect, and subject to subsection (b), the total amount of groundfish harvested with respect to subparagraph (A) or the total amount of deliveries processed from other vessels with respect to subparagraph (B) by the vessels described in paragraph (2) shall not collectively exceed—
the percentage of the harvest available in any Gulf of Alaska groundfish fisheries (other than fisheries subject to a limited access privilege program created by the North Pacific Fishery Management Council) that is equivalent to the total harvest by the vessels described in paragraph (2) in those fisheries in the calendar years that a vessel described in paragraph (2) had harvest from 2012 through 2017 relative to the total allowable catch available to such vessels in the calendar years 2012 through 2017; or
the percentage of processing of deliveries from other vessels in any Bering Sea, Aleutian Islands, and Gulf of Alaska groundfish fisheries (including fisheries subject to a limited access privilege program created by the North Pacific Fishery Management Council, or community development quotas as described in section 305(i) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i))) that is equivalent to the total processing of such deliveries by the vessels described in paragraph (2) in those fisheries in the calendar years 2012 through 2017 relative to the total allowable catch available in the calendar years 2012 through 2017.
Applicable vessels.— The limitations described in paragraph (1) shall apply, in the aggregate, to—
the vessel AMERICA’S FINEST (United States official number 1276760);
the vessel US INTREPID (United States official number 604439);
the vessel AMERICAN NO. 1 (United States official number 610654);
any replacement of a vessel described in subparagraph (A), (B), or (C); and
any vessel assigned license number LLG3217 under the license limitation program under part 679 of title 50, Code of Federal Regulations.
Expiration.— The limitations described in subsection (a) shall apply to a groundfish species in Bering Sea, Aleutian Islands, and Gulf of Alaska only until the earlier of—
the end of the 6-year period beginning on the date of enactment of this Act; or
the date on which the Secretary of Commerce issues a final rule, based on recommendations developed by the North Pacific Fishery Management Council consistent with the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), that limits processing deliveries of that groundfish species from other vessels in any Bering Sea, Aleutian Islands, and Gulf of Alaska groundfish fisheries that are not subject to conservation and management measures under section 206 of the American Fisheries Act (16 U.S.C. 1851 note).
Existing Authority.— Except for the measures required by this section, nothing in this title shall be construed to limit the authority of the North Pacific Fishery Management Council or the Secretary of Commerce under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
SEC. 837. Transfer of Coast Guard Property in Jupiter Island, Florida, for Inclusion in Hobe Sound National Wildlife Refuge.
Transfer.— Administrative jurisdiction over the property described in subsection (b) is transferred to the Secretary of the Interior.
Property Described.— The property described in this subsection is real property administered by the Coast Guard in the Town of Jupiter Island, Florida, comprising Parcel #35–38–42–004–000–02590–6 (Bon Air Beach lots 259 and 260 located at 83 North Beach Road) and Parcel #35–38–42–004–000–02610–2 (Bon Air Beach lots 261 to 267), including any improvements thereon that are not authorized or required by another provision of law to be conveyed to another person.
Administration.— The property described in subsection (b) is included in Hobe Sound National Wildlife Refuge, and shall be administered by the Secretary of the Interior acting through the United States Fish and Wildlife Service.
SEC. 838. Emergency Response.
Not later than 90 days after the date of enactment of this Act, the Commandant of the Coast Guard shall request the National Offshore Safety Advisory Committee to examine whether there are unnecessary regulatory barriers to the use of small passenger vessels, crewboats, and offshore supply vessels in disaster response and provide recommendations, as appropriate, to reduce such barriers.
SEC. 839. Drawbridges Consultation.
Consultation.— In addition and subsequent to any rulemaking conducted under section 117.8 of title 33, Code of Federal Regulations, related to permanent changes to drawbridge openings that result from Amtrak service between New Orleans, Louisiana and Orlando, Florida, the Commandant shall consult with owners or operators of rail lines used for Amtrak passenger service between New Orleans, Louisiana and Orlando, Florida and affected waterway users on changes to drawbridge operating schedules necessary to facilitate the On Time Performance of passenger trains. These changes to schedules shall not impact Coast Guard response times to operational missions.
Timing.— Consultation in subsection (a) shall occur after commencement of Amtrak passenger service on the rail lines between New Orleans, Louisiana and Orlando, Florida at the following intervals:
Not less than 3 months following the commencement of Amtrak passenger service.
Not less than 6 months following the commencement of Amtrak passenger service.
Report.— If after conducting the consultations required by subsection (b)(2), the Commandant finds that permanent changes to drawbridge operations are necessary to mitigate delays in the movement of trains described in subsection (a) and that those changes do not unreasonably obstruct the navigability of the affected waterways, then the Commandant shall submit those findings to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.