[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2838 Referred in Senate (RFS)]
112th CONGRESS
1st Session
H. R. 2838
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 16, 2011
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
To authorize appropriations for the Coast Guard for fiscal years 2012
through 2015, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Coast Guard and
Maritime Transportation Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II--COAST GUARD AND SERVICEMEMBER PARITY
Sec. 201. Academy emoluments.
Sec. 202. Policy on sexual harassment and sexual violence.
Sec. 203. Appointments of permanent commissioned officers.
Sec. 204. Minor construction.
Sec. 205. Treatment of reports of aircraft accident investigations.
Sec. 206. Acquisition workforce expedited hiring authority.
Sec. 207. Coast Guard housing report.
Sec. 208. Advance procurement funding.
TITLE III--COAST GUARD REFORM
Sec. 301. Repeals.
Sec. 302. Interference with Coast Guard transmissions.
Sec. 303. National security cutters.
Sec. 304. Major acquisitions report.
Sec. 305. Environmental compliance and restoration backlog.
Sec. 306. Coast Guard auxiliarist enrollment eligibility.
Sec. 307. Decommissionings.
Sec. 308. Assessment of needs for additional coast guard presence in
high latitude regions.
Sec. 309. Limitation on expenditures.
Sec. 310. Restriction on the use of aircraft.
TITLE IV--SHIPPING AND NAVIGATION
Sec. 401. Committee on the Marine Transportation System.
Sec. 402. Report on determinations.
Sec. 403. Dockside examinations.
Sec. 404. Recourse for noncitizens.
Sec. 405. Maritime liens on fishing permits.
Sec. 406. Short sea transportation.
Sec. 407. Mission of the Maritime Administration.
Sec. 408. Limitation on liability for non-Federal vessel traffic
service operators.
Sec. 409. Authority to extend the duration of medical certificates.
Sec. 410. Identification of actions to enable qualified United States
flag capacity to meet national defense
requirements.
Sec. 411. Classification societies.
TITLE V--FEDERAL MARITIME COMMISSION
Sec. 501. Authorization of appropriations.
TITLE VI--MISCELLANEOUS
Sec. 601. Technical corrections.
Sec. 602. Report on Coast Guard merchant mariner medical evaluation
program.
Sec. 603. Notice of arrival.
Sec. 604. Technical corrections to title 14.
Sec. 605. Distant water tuna fleet.
Sec. 606. Waivers.
Sec. 607. Report on options to improve integration of U.S. Coast Guard
and Canadian Coast Guard Great Lakes
icebreaking operational information.
Sec. 608. Standby vessels.
Sec. 609. Cap on penalty wages.
Sec. 610. Report on impediments to the U.S.-flag registry.
Sec. 611. Report on drug interdiction in the Caribbean basin.
Sec. 612. Report on survival craft.
Sec. 613. Consideration of information relating to employment when
awarding contracts.
Sec. 614. Requirement of Corps.
Sec. 615. Conveyance of decommissioned Coast Guard Cutter STORIS.
Sec. 616. Transportation of passengers between ports in Puerto Rico.
TITLE VII--COMMERCIAL VESSEL DISCHARGES REFORM
Sec. 701. Short title.
Sec. 702. Discharges from commercial vessels.
Sec. 703. Discharges incidental to the normal operation of a covered
vessel.
Sec. 704. Conforming and technical amendments.
Sec. 705. Regulation of ballast water and incidental discharges from a
commercial vessel.
Sec. 706. Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990.
Sec. 707. Special consideration for vessels of historical significance.
TITLE VIII--PIRACY
Sec. 801. Short title.
Sec. 802. Report on actions taken to protect foreign-flagged vessels
from piracy.
Sec. 803. Training program for use of force against piracy.
Sec. 804. Security of Government impelled cargo.
Sec. 805. GAO study.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for each of the fiscal
years 2012, 2013, and 2014 for necessary expenses of the Coast Guard as
follows:
(1) For the operation and maintenance of the Coast Guard--
(A) $6,819,505,000 for fiscal year 2012;
(B) $6,922,645,000 for fiscal year 2013; and
(C) $7,018,499,000 for fiscal year 2014;
of which $24,500,000 is authorized for each of the fiscal years
2012, 2013, and 2014 to be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including related equipment
thereto--
(A) $1,503,980,000 for fiscal year 2012;
(B) $1,505,312,000 for fiscal year 2013; and
(C) $1,506,549,000 for fiscal year 2014;
to remain available until expended, of which $20,000,000 for
each of the fiscal years 2012, 2013, and 2014 shall be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of
1990.
(3) For the Coast Guard Reserve program, including
personnel and training costs, equipment, and services--
(A) $136,778,000 for fiscal year 2012;
(B) $138,111,000 for fiscal year 2013; and
(C) $139,311,000 for fiscal year 2014.
(4) For environmental compliance and restoration of Coast
Guard vessels, aircraft, and facilities (other than parts and
equipment associated with operation and maintenance)--
(A) $16,699,000 for fiscal year 2012;
(B) $16,699,000 for fiscal year 2013; and
(C) $16,700,000 for fiscal year 2014;
to remain available until expended.
(5) To the Commandant of the Coast Guard for research,
development, test, and evaluation of technologies, materials,
and human factors directly related to improving the performance
of the Coast Guard's mission in search and rescue, aids to
navigation, marine safety, marine environmental protection,
enforcement of laws and treaties, ice operations, oceanographic
research, and defense readiness--
(A) $19,779,000 for fiscal year 2012;
(B) $19,848,000 for fiscal year 2013; and
(C) $19,913,000 for fiscal year 2014;
of which $650,000 for each of the fiscal years 2012, 2013, and
2014 shall be derived from the Oil Spill Liability Trust Fund
to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 47,000 for each of the
fiscal years 2012 through fiscal year 2014.
(b) Military Training Student Loads.--The Coast Guard is authorized
average military training student loads for the each of the fiscal
years 2012 through fiscal year 2014 as follows:
(1) For recruit and special training, 2,500 student years.
(2) For flight training, 165 student years.
(3) For professional training in military and civilian
institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
TITLE II--COAST GUARD AND SERVICEMEMBER PARITY
SEC. 201. ACADEMY EMOLUMENTS.
Section 195 of title 14, United States Code, is amended--
(1) in subsection (c)--
(A) in the first sentence--
(i) by striking ``person'' and inserting
``foreign national''; and
(ii) by striking ``pay and allowances,''
and inserting ``pay, allowances, and
emoluments,''; and
(B) in the second sentence--
(i) by striking ``A person'' and inserting
``A foreign national''; and
(ii) by striking ``pay and allowances,''
and inserting ``pay, allowances, and
emoluments,''; and
(2) in subsection (d), by striking ``A person'' and
inserting ``A foreign national''.
SEC. 202. POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE.
(a) Policy Requirement.--Chapter 9 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 200. Policy on sexual harassment and sexual violence
``(a) Required Policy.--The Commandant shall direct the
Superintendent of the Coast Guard Academy to prescribe a policy on
sexual harassment and sexual violence applicable to the cadets and
other personnel of the Coast Guard Academy.
``(b) Matters To Be Specified in Policy.--The policy on sexual
harassment and sexual violence prescribed under this section shall
include specification of the following:
``(1) Programs to promote awareness of the incidence of
rape, acquaintance rape, and other sexual offenses of a
criminal nature that involve cadets or other Academy personnel.
``(2) Procedures that a cadet should follow in the case of
an occurrence of sexual harassment or sexual violence,
including--
``(A) if the cadet chooses to report an occurrence
of sexual harassment or sexual violence, a
specification of the person or persons to whom the
alleged offense should be reported and the options for
confidential reporting;
``(B) a specification of any other person whom the
victim should contact; and
``(C) procedures on the preservation of evidence
potentially necessary for proof of criminal sexual
assault.
``(3) Procedures for disciplinary action in cases of
alleged criminal sexual assault involving a cadet or other
Academy personnel.
``(4) Any other sanction authorized to be imposed in a
substantiated case of sexual harassment or sexual violence
involving a cadet or other Academy personnel in rape,
acquaintance rape, or any other criminal sexual offense,
whether forcible or nonforcible.
``(5) Required training on the policy for all cadets and
other Academy personnel, including the specific training
required for personnel who process allegations of sexual
harassment or sexual violence involving Academy personnel.
``(c) Annual Assessment.--
``(1) The Commandant shall direct the Superintendent of the
Academy to conduct at the Academy during each Academy program
year an assessment to determine the effectiveness of the
policies, training, and procedures of the Academy with respect
to sexual harassment and sexual violence involving Academy
personnel.
``(2) For the assessment at the Academy under paragraph (1)
with respect to an Academy program year that begins in an odd-
numbered calendar year, the Superintendent shall conduct a
survey of Academy personnel--
``(A) to measure--
``(i) the incidence, during that program
year, of sexual harassment and sexual violence
events, on or off the Academy reservation, that
have been reported to officials of the Academy;
and
``(ii) the incidence, during that program
year, of sexual harassment and sexual violence
events, on or off the Academy reservation, that
have not been reported to officials of the
Academy; and
``(B) to assess the perceptions of Academy
personnel of--
``(i) the policies, training, and
procedures on sexual harassment and sexual
violence involving Academy personnel;
``(ii) the enforcement of such policies;
``(iii) the incidence of sexual harassment
and sexual violence involving Academy
personnel; and
``(iv) any other issues relating to sexual
harassment and sexual violence involving
Academy personnel.
``(d) Annual Report.--
``(1) The Commandant shall direct the Superintendent of the
Academy to submit to the Commandant a report on sexual
harassment and sexual violence involving cadets or other
personnel at the Academy for each Academy program year.
``(2) Each report under paragraph (1) shall include, for
the Academy program year covered by the report, the following:
``(A) The number of sexual assaults, rapes, and
other sexual offenses involving cadets or other Academy
personnel that have been reported to Academy officials
during the program year and, of those reported cases,
the number that have been substantiated.
``(B) The policies, procedures, and processes
implemented by the Commandant and the leadership of the
Academy in response to sexual harassment and sexual
violence involving cadets or other Academy personnel
during the program year.
``(C) A plan for the actions that are to be taken
in the following Academy program year regarding
prevention of and response to sexual harassment and
sexual violence involving cadets or other Academy
personnel.
``(3) Each report under paragraph (1) for an Academy
program year that begins in an odd-numbered calendar year shall
include the results of the survey conducted in that program
year under subsection (c)(2).
``(4)(A) The Commandant shall transmit to the Board of
Visitors of the Academy each report received by the Commandant
under this subsection, together with the Commandant's comments
on the report.
``(B) The Commandant shall transmit each such report,
together with the Commandant's comments on the report, to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.''.
(b) Conforming Repeal.--Section 217 of the Coast Guard
Authorization Act of 2010 (14 U.S.C. 93 note), and the item relating to
such section in the table of contents in section 1(b) of such Act, are
repealed.
(c) Technical and Clerical Amendments.--The analysis at the
beginning of such chapter is amended by adding at the end the
following:
``200. Policy on sexual harassment and sexual violence.''.
SEC. 203. APPOINTMENTS OF PERMANENT COMMISSIONED OFFICERS.
Section 211 of title 14, United States Code, is amended by adding
at the end the following:
``(d) For the purposes of this section, the term `original', with
respect to the appointment of a member of the Coast Guard refers to
that member's most recent appointment in the Coast Guard that is
neither a promotion nor a demotion.''.
SEC. 204. MINOR CONSTRUCTION.
(a) In General.--Section 656 of title 14, United States Code, is
amended by adding at the end the following:
``(d) Minor Construction and Improvement.--
``(1) Subject to the reporting requirements set forth in
paragraph (2), the Secretary may expend not more than
$1,500,000 from amounts available for the operating expenses of
the Coast Guard for minor construction and improvement projects
at any location.
``(2) No later than 90 days after the end of each fiscal
year, the Secretary 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 each project undertaken during the
course of the preceding fiscal year, for which the amount
expended under paragraph (1) exceeded $500,000.''.
(b) Clerical Amendment.--
(1) Section 656 of title 14, United States Code, is further
amended in the heading by adding at the end the following: ``;
use of moneys appropriated for operating expenses for minor
construction and improvement''.
(2) The analysis at the beginning of chapter 17 of such
title is amended in the item relating to section 656 by
striking ``waters.'' and inserting ``waters; use of moneys
appropriated for operating expenses for minor construction and
improvement.''.
SEC. 205. TREATMENT OF REPORTS OF AIRCRAFT ACCIDENT INVESTIGATIONS.
(a) In General.--Chapter 17 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 678. Treatment of reports of aircraft accident investigations
``(a) In General.--Whenever the Commandant conducts an accident
investigation of an accident involving an aircraft under the
jurisdiction of the Commandant, the records and report of the
investigation shall be treated in accordance with this section.
``(b) Public Disclosure of Certain Accident Investigation
Information.--
``(1) Subject to paragraph (2), the Commandant, upon
request, shall publicly disclose unclassified tapes, scientific
reports, and other factual information pertinent to an aircraft
accident investigation.
``(2) The Commandant shall not disclose the information
requested in paragraph (1) unless the Commandant determines--
``(A) that such tapes, reports, or other
information would be included within and releasable
with the final accident investigation report; and
``(B) that release of such tapes, reports, or other
information--
``(i) would not undermine the ability of
accident or safety investigators to continue to
conduct the investigation; and
``(ii) would not compromise national
security.
``(3) A disclosure under paragraph (1) may not be made by
or through officials with responsibility for, or who are
conducting, a safety investigation with respect to the
accident.
``(c) Opinions Regarding Causation of Accident.--Following an
aircraft accident referred to in subsection (a)--
``(1) if the evidence surrounding the accident is
sufficient for the investigators who conduct the accident
investigation to come to an opinion as to the cause or causes
of the accident, the final report of the accident investigation
shall set forth the opinion of the investigators as to the
cause or causes of the accident; and
``(2) if the evidence surrounding the accident is not
sufficient for the investigators to come to an opinion as to
the cause or causes of the accident, the final report of the
accident investigation shall include a description of those
factors, if any, that, in the opinion of the investigators,
substantially contributed to or caused the accident.
``(d) Use of Information in Civil Proceedings.--For purposes of any
civil or criminal proceeding arising from an aircraft accident referred
to in subsection (a), any opinion of the accident investigators as to
the cause of, or the factors contributing to, the accident set forth in
the accident investigation report may not be considered as evidence in
such proceeding, nor may such report be considered an admission of
liability by the United States or by any person referred to in such
report.
``(e) Regulations.--The Commandant shall prescribe regulations to
carry out this section.
``(f) Definitions.--For purposes of this section--
``(1) the term `accident investigation' means any form of
investigation by Coast Guard personnel of an aircraft accident
referred to in subsection (a), other than a safety
investigation; and
``(2) the term `safety investigation' means an
investigation by Coast Guard personnel of an aircraft accident
referred to in subsection (a), that is conducted solely to
determine the cause of the accident and to obtain information
that may prevent the occurrence of similar accidents.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the following:
``678. Treatment of reports of aircraft accident investigations.''.
SEC. 206. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.
Section 404 of the Coast Guard Authorization Act of 2010 (Public
Law 111-281; 124 Stat. 2950) is amended--
(1) in subsection (a)(1), by striking ``as shortage
category positions;'' and inserting ``as positions for which
there exists a shortage of candidates or there is a critical
hiring need;''; and
(2) in subsection (b)--
(A) by striking ``paragraph'' and inserting
``section''; and
(B) by striking ``2012.'' and inserting ``2015.''.
SEC. 207. COAST GUARD HOUSING REPORT.
In conjunction with the transmittal by the President of the budget
of the United States for fiscal year 2013, 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 status
of Coast Guard servicemember housing, including--
(1) a statement of the Coast Guard's housing needs
requirements;
(2) an assessment of the condition of the Coast Guard's
current housing inventory, including both leased and owned
property;
(3) an assessment of housing available for Coast Guard use
from surrounding communities and other government agencies for
all duty stations;
(4) a list of housing capacity shortfalls and excess; and
(5) a revised prioritized list of housing maintenance and
recapitalization projects.
SEC. 208. ADVANCE PROCUREMENT FUNDING.
(a) In General.--Subchapter II of chapter 15 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 577. Advance procurement funding
``(a) In General.--With respect to any Coast Guard vessel for which
amounts are appropriated or otherwise made available for vessels for
the Coast Guard in any fiscal year, the Commandant, subject to section
569a(a) for the sixth national security cutter and section 569a for the
seventh national security cutter, may enter into a contract or place an
order, in advance of a contract or order for construction of a vessel,
for--
``(1) materials, parts, components, and labor for the
vessel;
``(2) the advance construction of parts or components for
the vessel;
``(3) protection and storage of materials, parts, or
components for the vessel; and
``(4) production planning, design, and other related
support services that reduce the overall procurement lead time
of the vessel.
``(b) Use of Materials, Parts, and Components Manufactured in the
United States.--In entering into contracts and placing orders under
subsection (a), the Commandant shall give priority to persons that
manufacture materials, parts, and components in the United States.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end of the items relating to such
subchapter the following:
``577. Advance procurement funding.''.
TITLE III--COAST GUARD REFORM
SEC. 301. REPEALS.
(a) District Ombudsman.--Section 55 of title 14, United States
Code, and the item relating to such section in the analysis for chapter
3 of such title, are repealed.
(b) FAA Air Aids to Navigation.--Section 82 of title 14, United
States Code, and the item relating to such section in the analysis for
chapter 5 of such title, are repealed.
(c) Ocean Stations.--Section 90 of title 14, United States Code,
and the item relating to such section in the analysis for chapter 5 of
such title, are repealed.
(d) Detail of Members To Assist Foreign Governments.--Section
149(a) of title 14, United States Code, is amended by striking the
second and third sentences.
(e) Advisory Committee.--Section 193 of title 14, United States
Code, and the item relating to such section in the analysis for chapter
9 of such title, are repealed.
(f) History Fellowships.--Section 198 of title 14, United States
Code, and the item relating to such section in the analysis for chapter
9 of such title, are repealed.
(g) Acquisition Awards.--Section 563 of title 14, United States
Code, and the item relating to such section in the analysis for chapter
15 of such title, are repealed.
SEC. 302. INTERFERENCE WITH COAST GUARD TRANSMISSIONS.
Section 88 of title 14, United States Code, is amended by adding
the following:
``(e) An individual who knowingly and willfully operates a device
that interferes with the broadcast or reception of a radio, microwave,
or other signal (including a signal from a global positioning system)
transmitted, retransmitted, or augmented by the Coast Guard for the
purpose of maritime safety is--
``(1) guilty of a class E felony; and
``(2) subject to civil penalty of not more than $1,000 per
day for each violation.''.
SEC. 303. NATIONAL SECURITY CUTTERS.
(a) In General.--Subchapter I of chapter 15 of title 14, United
States Code is amended by adding at the end the following new section:
``Sec. 569a. National security cutters
``(a) Sixth National Security Cutter.--The Commandant may not begin
production of a sixth national security cutter on any date before which
the Commandant--
``(1) has acquired a sufficient number of Long Range
Interceptor II and Cutter Boat Over the Horizon IV small boats
for each of the first three national security cutters and has
submitted 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 provide such boats upon the date of
delivery of each subsequent national security cutter;
``(2) has achieved the goal of 225 days away from homeport
for each of the first two national security cutters; and
``(3) has submitted to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a program execution plan detailing increased
aerial coverage to support national security cutter operations.
``(b) Seventh National Security Cutter.--The Commandant may not
begin production of a seventh national security cutter on any date
before which the Commandant has selected an offshore patrol cutter that
meets at least the minimum operational requirements set out in the
Operational Requirements Document approved by the department in which
the Coast Guard is operating on October 20, 2010.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end of the items relating to such
subchapter the following:
``569a. National security cutters.''.
SEC. 304. MAJOR ACQUISITIONS REPORT.
(a) In General.--Subchapter I of chapter 15 of title 14, United
States Code, is further amended by adding at the end the following:
``Sec. 569b. Major acquisitions report
``(a) Major Acquisition Programs Implementation Report.--In
conjunction with the transmittal by the President of the budget of the
United States for fiscal year 2013 and every two fiscal years
thereafter, the Secretary 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 status of all major acquisition programs.
``(b) Information To Be Included.--The report shall include for
each major acquisition program--
``(1) a statement of Coast Guard's mission needs and
performance goals for such program, including a justification
for any change to those needs and goals from any report
previously submitted under this subsection;
``(2) a justification for how the projected number and
capabilities of each planned acquisition program asset meets
those mission needs and performance goals;
``(3) an identification of any and all mission hour gaps,
accompanied by an explanation on how and when the Coast Guard
will close those gaps;
``(4) an identification of any changes to such program,
including--
``(A) any changes to the timeline for the
acquisition of each new asset and the phase out of
legacy assets; and
``(B) any changes to the costs of new assets and
legacy assets for that fiscal year, future fiscal
years, or the total acquisition cost;
``(5) a justification for how any change to such program
fulfills the mission needs and performance goals of the Coast
Guard;
``(6) a description of how the Coast Guard is planning for
the integration of each new asset acquired under such program
into the Coast Guard, including needs related to shore-based
infrastructure and human resources;
``(7) an identification of how funds in that fiscal year's
budget request will be allocated, including information on the
purchase of specific assets;
``(8) a projection of the remaining operational lifespan
and lifecycle cost of each legacy asset that also identifies
any anticipated resource gaps;
``(9) a detailed explanation of how the costs of the legacy
assets are being accounted for within such program;
``(10) an annual performance comparison of new assets to
legacy assets; and
``(11) an identification of the scope of the anticipated
acquisitions workload for the next fiscal year; the number of
officers, members, and employees of the Coast Guard currently
assigned to positions in the acquisition workforce; and a
determination on the adequacy of the current acquisition
workforce to meet that anticipated workload, including the
specific positions that are or will be understaffed, and
actions that will be taken to correct such understaffing.
``(c) Cutters Not Maintained in Class.--Each report under
subsection (a) shall identify which, if any, Coast Guard cutters that
have been issued a certificate of classification by the American Bureau
of Shipping have not been maintained in class with an explanation
detailing the reasons why they have not been maintained in class.
``(d) Definition.--For the purposes of this section, the term
`major acquisition program' means an ongoing acquisition undertaken by
the Coast Guard with a life-cycle cost estimate greater than or equal
to $300,000,000.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is further amended by adding at the end of the items relating
to such subchapter the following:
``569b. Major acquisitions report.''.
(c) Repeal.--
(1) Section 408 of the Coast Guard and Maritime
Transportation Act of 2006 (120 Stat. 537) is amended by
striking subsection (a).
(2) Title 14, United States Code, is amended--
(A) in section 562, by striking subsection (e) and
redesignating subsections (f) and (g) as subsections
(e) and (f), respectively; and
(B) in section 573(c)(3), by striking subparagraph
(B).
SEC. 305. ENVIRONMENTAL COMPLIANCE AND RESTORATION BACKLOG.
(a) In General.--Section 693 of title 14, United States Code, is
amended to read as follows:
``Sec. 693. Annual report 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 the 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.''.
(b) Clerical Amendment.--The analysis for chapter 19 of such title
is amended by striking the item for such section and inserting the
following:
``693. Annual report to Congress.''.
SEC. 306. COAST GUARD AUXILIARIST ENROLLMENT ELIGIBILITY.
Section 823 of title 14, United States Code, is amended by striking
``citizens of the United States and its territories and possessions,''
and inserting ``nationals of the United States (as such term is defined
in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)) and aliens lawfully admitted for permanent residence (as
such term is defined in section 101(a)(20) of such Act (8 U.S.C. 1101
(a)(20))),''.
SEC. 307. DECOMMISSIONINGS.
(a) Polar Sea.--Not later than 6 months after the date of enactment
of this Act, the Commandant of the Coast Guard shall decommission the
USCGC POLAR SEA (WAGB 11).
(b) Polar Star.--Not later than 3 years after the date of enactment
of this Act, the Commandant of the Coast Guard shall decommission the
USCGC POLAR STAR (WAGB 10).
SEC. 308. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD PRESENCE IN
HIGH LATITUDE REGIONS.
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
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives assessing the need for
additional Coast Guard prevention and response capability in the high
latitude regions. The assessment shall address needs for all Coast
Guard mission areas, including search and rescue, marine pollution
response and prevention, fisheries enforcement, and maritime commerce.
The Secretary shall include in the report--
(1) an assessment of the high latitude operating
capabilities of all current Coast Guard assets other than
icebreakers, including assets acquired under the Deepwater
program;
(2) an assessment of projected needs for Coast Guard
operations in the high latitude regions; and
(3) an assessment of shore infrastructure, personnel,
logistics, communications, and resources requirements to
support Coast Guard operations in the high latitude regions,
including forward operating bases and existing infrastructure
in the furthest north locations that are ice free, or nearly
ice free, year round.
SEC. 309. LIMITATION ON EXPENDITURES.
Section 149(d) of title 14, United States Code, is amended by
adding at the end the following:
``(3) The amount of funds used under this subsection may
not exceed $100,000 in any fiscal year.''.
SEC. 310. RESTRICTION ON THE USE OF AIRCRAFT.
(a) Restriction.--Except as provided in subsection (b), the
Secretary of the department in which the Coast Guard is operating and
the Commandant of the Coast Guard may not travel aboard any Coast Guard
owned or operated fixed-wing aircraft if the Secretary has not provided
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate all of the following:
(1) A cost-constrained Fleet Mix Analysis.
(2) The study of Coast Guard current and planned cutters
conducted by the Office of Program Analysis and Evaluation of
the Department of Homeland Security at the request of the
Office of Management and Budget.
(b) Exception.--The Secretary and the Commandant may travel aboard
a Coast Guard owned and operated fixed-wing aircraft--
(1) to respond to a major disaster or emergency declared
under section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170);
(2) to respond to a discharge classified as a spill of
national significance under part 300.323 of title 40, Code of
Federal Regulations; or
(3) for evacuation purposes including for a medical
emergency.
TITLE IV--SHIPPING AND NAVIGATION
SEC. 401. COMMITTEE ON THE MARINE TRANSPORTATION SYSTEM.
(a) In General.--Chapter 555 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 55502. Committee on the Marine Transportation System
``(a) Establishment.--There is established a Committee on the
Marine Transportation System (in this section referred to as the
`Committee').
``(b) Purpose.--The Committee shall--
``(1) assess the adequacy of the marine transportation
system (including ports, waterways, channels, and their
intermodal connections);
``(2) develop and implement policies to promote an
efficient marine transportation system;
``(3) coordinate policies among Federal agencies to promote
an efficient marine transportation system; and
``(4) coordinate with local businesses to promote an
efficient marine transportation system.
``(c) Membership.--
``(1) In general.--The Committee shall consist of the
Secretary of Transportation, the Secretary of Defense, the
Secretary of Homeland Security, the Secretary of Commerce, the
Secretary of the Treasury, the Secretary of State, the
Secretary of the Interior, the Secretary of Agriculture, the
Attorney General, the Secretary of Labor, the Secretary of
Energy, the Administrator of the Environmental Protection
Agency, the Chairman of the Federal Maritime Commission, and
the head of any other Federal agency that the Committee Chair,
with the approval of a majority of the voting members of the
Committee, determines can further the purpose and activities of
the Committee.
``(2) Ex-officio members.--The Committee may also consist
of so many nonvoting members as the Committee Chair, with the
approval of a majority of the voting members of the Committee,
determines is appropriate to further the purpose and activities
of the Committee.
``(3) Chairman.--The Chair of the Committee shall rotate
each year among the Secretary of Transportation, the Secretary
of Defense, the Secretary of Homeland Security, and the
Secretary of Commerce. The order of rotation shall be
determined with the approval of a majority of the voting
members of the Committee.
``(d) Support.--
``(1) Coordinating board.--Each member of the Committee may
select a senior level representative to serve on a coordinating
board which shall assist the Committee in carrying out its
purpose and activities.
``(2) Executive director.--The Secretary of Transportation,
in consultation with the Secretary of Defense, the Secretary of
Homeland Security, and the Secretary of Commerce, shall select
an executive director to assist the Committee in carrying out
its purpose and activities.
``(e) Marine Transportation System Assessment and Strategy.--Not
later than one year after the date of enactment of this Act and every 5
years thereafter, the Committee shall provide a report to Congress
which includes--
``(1) steps taken to implement actions recommended in the
July 2008 `National Strategy for the Marine Transportation
System: A Framework for Action';
``(2) an assessment of the condition of the marine
transportation system;
``(3) a discussion of the challenges the system faces in
meeting user demand;
``(4) a plan with recommended actions for improving the
marine transportation system to meet current and future
challenges; and
``(5) steps taken to implement actions recommended in
previous reports required under this subsection.
``(f) Consultation.--In carrying out its purpose and activities,
the Committee may consult with the Marine Transportation System
National Advisory Council, interested parties, and the public.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
55501 the following:
``55502. Committee on the Marine Transportation System.''.
SEC. 402. REPORT ON DETERMINATIONS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of the department in which the Coast Guard is operating
shall provide to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on--
(1) the loss of United States shipyard jobs and industrial
base expertise as a result of rebuild, conversion, and double-
hull work on United States-flag vessels eligible to engage in
the coastwise trade being performed in foreign shipyards;
(2) enforcement of the Coast Guard's foreign rebuild
determination regulations; and
(3) recommendations for improving the transparency in the
Coast Guard's foreign rebuild determination process.
SEC. 403. DOCKSIDE EXAMINATIONS.
(a) In General.--Section 4502(f) of title 46, United states Code,
is amended--
(1) in paragraph (2) by striking ``at least once every 2
years'' and inserting ``at least once every 5 years'';
(2) by striking ``and'' after the semicolon at the end of
paragraph (1);
(3) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(4) by adding at the end the following:
``(3) shall complete the first examination of a dockside
vessel under this section no later than October 15, 2015.''.
(b) Database.--Section 4502(g)(4) of title 46, United States Code,
is amended by striking ``a publicly accessible'' and inserting ``an''.
SEC. 404. RECOURSE FOR NONCITIZENS.
Section 30104 of title 46, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before the first
sentence; and
(2) by adding at the end the following new subsection:
``(b) Restriction on Recovery for Nonresident Aliens Employed on
Foreign Passenger Vessels.--A claim for damages or expenses relating to
personal injury, illness, or death of a seaman who is a citizen of a
foreign nation, arising during or from the engagement of the seaman by
or for a passenger vessel duly registered under the laws of a foreign
nation, may not be brought under the laws of the United States if--
``(1) such seaman was not a permanent resident alien of the
United States at the time the claim arose;
``(2) the injury, illness, or death arose outside the
territorial waters of the United States; and
``(3) the seaman or the seaman's personal representative
has or had a right to seek compensation for the injury,
illness, or death in, or under the laws of--
``(A) the nation in which the vessel was registered
at the time the claim arose; or
``(B) the nation in which the seaman maintained
citizenship or residency at the time the claim
arose.''.
SEC. 405. MARITIME LIENS ON FISHING PERMITS.
(a) In General.--Subchapter I of chapter 313 of title 46, United
States Code, is amended by adding at the end the following:
``Sec. 31310. Limitation on maritime liens on fishing permit and permit
description
``(a) In General.--This chapter--
``(1) does not establish a maritime lien on a permit that--
``(A) authorizes a person or use of a vessel to
engage in fishing; and
``(B) is issued under State or Federal law; and
``(2) does not authorize any civil action to enforce a
maritime lien on such a permit.
``(b) Fishing Permit Described.--A fishing permit--
``(1) is governed solely by the State or Federal law under
which it was issued; and
``(2) is not included in the whole of a vessel or as an
appurtenance or intangible of a vessel for any purpose.
``(c) Limitation on Statutory Construction.--Nothing in subsections
(a) and (b) shall be construed as imposing any limitation upon the
authority of the Secretary of Commerce to modify, suspend, revoke, or
sanction any Federal fishery permit issued by the Secretary of Commerce
or to bring a civil action to enforce such modification, suspension,
revocation, or sanction.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
31309 the following:
``31310. Limitation on maritime liens on fishing permit and permit
description.''.
SEC. 406. SHORT SEA TRANSPORTATION.
(a) Purpose of Program and Projects; Reauthorization;
Termination.--Section 55601 of title 46, United States Code, is
amended--
(1) in subsection (a), by striking ``landside congestion.''
and inserting ``landside congestion and to promote increased
use of the navigable waters of the United States for
transportation of passengers or freight (or both).'';
(2) in subsection (c), by inserting ``and to promote
waterborne transportation between ports within the United
States'' after ``coastal corridors'';
(3) in subsection (d), by striking ``that the project may--
'' and all that follows through the end of the subsection and
inserting ``that the project uses documented vessels and--
``(1) mitigates landside congestion; or
``(2) promotes waterborne transportation between ports of
the United States.'';
(4) by striking subsection (f) and redesignating subsection
(g) as subsection (f);
(5) in subsection (f), as so redesignated, by adding at the
end the following:
``(4) Authorization of appropriations.--There is authorized
to be appropriated not more than $5,000,000 for each of the
fiscal years 2012 through fiscal year 2017 for grants under
this subsection.''; and
(6) by adding at the end the following:
``(g) Termination of Authority.--Authority granted to the Secretary
under this section shall terminate September 30, 2017.''.
(b) Short Sea Transportation Definition.--Section 55605 of title
46, United States Code, is amended by striking ``means the carriage by
vessel of cargo--'' and inserting ``means the carriage of passengers or
freight (or both) by a vessel documented under the laws of the United
States--''.
SEC. 407. MISSION OF THE MARITIME ADMINISTRATION.
Section 109(a) of title 49, United States Code, is amended--
(1) in the subsection heading by striking ``Organization''
and inserting ``Organization and Mission''; and
(2) by inserting at the end the following: ``The mission of
the Maritime Administration is to foster, promote, and develop
the domestic merchant maritime industry of the United
States.''.
SEC. 408. LIMITATION ON LIABILITY FOR NON-FEDERAL VESSEL TRAFFIC
SERVICE OPERATORS.
(a) In General.--Section 2307 of title 46, United States Code, is
amended--
(1) by inserting ``(a) Coast Guard Vessel Traffic Service
Pilots'' before ``Any pilot''; and
(2) by adding at the end the following:
``(b) Non-Federal Vessel Traffic Service Operators.--An entity
operating a non-Federal vessel traffic information service or advisory
service pursuant to a duly executed written agreement with the Coast
Guard, and any person acting in accordance with operational procedures
approved by the Coast Guard at such a non-Federal service, shall not be
liable for damages caused by or related to information, advice, or
communication assistance provided by such entity or person while so
operating or acting unless the acts or omissions of such entity or
person constitute gross negligence or willful misconduct.''.
(b) Clerical Amendment.--The analysis at the beginning of chapter
23 of such title is amended by striking the item relating to section
2307 and inserting the following:
``2307. Limitation on liability for Coast Guard Vessel Traffic Service
pilots and non-Federal vessel traffic
service operators.''.
SEC. 409. AUTHORITY TO EXTEND THE DURATION OF MEDICAL CERTIFICATES.
(a) In General.--Chapter 75 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 7508. Authority to extend the duration of medical certificates
``(a) Granting of Extensions.--Notwithstanding any other provision
of law, the Secretary may extend for not more than one year a medical
certificate issued to an individual holding a license, merchant
mariner's document, or certificate of registry if the Secretary
determines that the extension is required to enable the Coast Guard to
eliminate a backlog in processing applications for medical certificates
or in response to a national emergency or natural disaster.
``(b) Manner of Extension.--An extension under this section may be
granted to individual seamen or a specifically identified group of
seamen.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the following:
``7508. Authority to extend the duration of medical certificates.''.
SEC. 410. IDENTIFICATION OF ACTIONS TO ENABLE QUALIFIED UNITED STATES
FLAG CAPACITY TO MEET NATIONAL DEFENSE REQUIREMENTS.
(a) Identification of Actions.--Section 501(b) of title 46, United
States Code, is amended--
(1) by inserting ``(1)'' before ``When the head''; and
(2) by adding at the end the following:
``(2) The Administrator of the Maritime Administration shall--
``(A) in each determination referred to in paragraph (1),
identify any actions that could be taken to enable qualified
United States flag capacity to meet national defense
requirements;
``(B) provide each such determination to the Secretary of
Transportation and the head of the agency referred to in
paragraph (1) for which the determination is made; and
``(C) publish each such determination on the Internet site
of the Department of Transportation within 48 hours after it is
provided to the Secretary of Transportation.
``(3)(A) The Administrator of the Maritime Administration shall
notify the Committees on Appropriations and Transportation and
Infrastructure of the House of Representatives and the Committees on
Appropriations and Commerce, Science, and Transportation of the
Senate--
``(i) of any request for a waiver of the navigation or
vessel-inspection laws under this section not later than 48
hours after receiving the request; and
``(ii) of the issuance of any waiver of compliance of such
a law not later than 48 hours after such issuance.
``(B) The Administrator shall include in each notification under
subparagraph (A)(ii) an explanation of--
``(i) the reasons the waiver is necessary; and
``(ii) the reasons actions referred to in paragraph (2)(A)
are not feasible.''.
SEC. 411. CLASSIFICATION SOCIETIES.
Section 3316 of title 46, United States Code, is amended--
(1) in subsection (b)(2)--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(C) by adding at the end the following:
``(C) if the Secretary of State determines that the foreign
classification society does not provide comparable services in
or for a state sponsor of terrorism.'';
(2) in subsection (d)(2)--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(C) by adding at the end the following:
``(C) if the Secretary of State determines that the foreign
classification society does not provide comparable services in
or for a state sponsor of terrorism.''; and
(3) by adding at the end the following:
``(e) The Secretary shall revoke an existing delegation made to a
foreign classification society under subsection (b) or (d) if the
Secretary of State determines that the foreign classification society
provides comparable services in or for a state sponsor of terrorism.
``(f) In this section, the term `state sponsor of terrorism' means
any country the government of which the Secretary of State has
determined has repeatedly provided support for acts of international
terrorism pursuant to section 6(j) of the Export Administration Act of
1979 (as continued in effect under the International Emergency Economic
Powers Act), section 620A of the Foreign Assistance Act of 1961,
section 40 of the Arms Export Control Act, or any other provision of
law.''.
TITLE V--FEDERAL MARITIME COMMISSION
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
Section 501 of the Coast Guard and Maritime Transportation Act of
2004 (Public Law 108-293; 118 Stat. 1049) is amended by striking
``Commission--'' and all that follows through the period at the end of
the section and inserting ``Commission for each of the fiscal years
2012 through 2015, $24,000,000.''.
TITLE VI--MISCELLANEOUS
SEC. 601. TECHNICAL CORRECTIONS.
(a) Title 14.--Title 14, United States Code, is amended--
(1) in section 564, by striking subsection (d); and
(2) in section 569(a), by striking ``and annually
thereafter,''.
(b) Study of Bridges.--Section 905 of the Coast Guard Authorization
Act of 2010 (Public Law 111-281; 124 Stat. 3012) is amended to read as
follows:
``SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS.
``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 comprehensive study on the construction or alteration
of any bridge, drawbridge, or causeway over the navigable waters of the
United States with a channel depth of 25 feet or greater that may
impede or obstruct future navigation to or from port facilities, for
which a permit under the Act of March 23, 1906 (chapter 1130; 33 U.S.C.
491 et seq.), popularly known as the Bridge Act of 1906, was requested
on or after January 1, 2006, and on or before August 3, 2011.''.
SEC. 602. REPORT ON COAST GUARD MERCHANT MARINER MEDICAL EVALUATION
PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant of the Coast Guard shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the Coast Guard National
Maritime Center's merchant mariner medical evaluation program and
alternatives to the program.
(b) Contents.--The report required under subsection (a) shall
include the following:
(1) An overview of the adequacy of the program for making
medical certification determinations for issuance of merchant
mariners' documents.
(2) An analysis of how a system similar to the Federal
Motor Carrier Safety Administration's National Registry of
Certified Medical Examiners program, and the Federal Aviation
Administration's Designated Aviation Medical Examiners program,
could be applied by the Coast Guard to make medical fitness
determinations for issuance of merchant mariners' documents.
(3) An explanation of how the amendments to the
International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, that enter
into force on January 1, 2012, will require changes to the
Coast Guard's merchant mariner medical evaluation program.
SEC. 603. NOTICE OF ARRIVAL.
The regulations required under section 109(a) of Public Law 109-347
(33 U.S.C. 1223 note) on notice of arrival for foreign vessels on the
Outer Continental Shelf shall not apply to a vessel documented under
section 12105 of title 46, United States Code, unless such vessel
arrives from a foreign port or place.
SEC. 604. TECHNICAL CORRECTIONS TO TITLE 14.
Chapter 1 of title 14, United States Code, is amended to read as
follows:
``CHAPTER 1--ESTABLISHMENT AND DUTIES
``Sec.
``1. Establishment of Coast Guard.
``2. Primary duties.
``3. Department in which the Coast Guard operates.
``4. Secretary defined.
``Sec. 1. Establishment of Coast Guard
``The Coast Guard shall be a military service and a branch of the
armed forces of the United States at all times.
``Sec. 2. Primary duties
``The Coast Guard shall--
``(1) enforce or assist in the enforcement of all
applicable Federal laws on, under, and over the high seas and
waters subject to the jurisdiction of the United States;
``(2) engage in maritime air surveillance or interdiction
to enforce or assist in the enforcement of the laws of the
United States;
``(3) administer laws and promulgate and enforce
regulations for the promotion of safety of life and property on
and under the high seas and waters subject to the jurisdiction
of the United States covering all matters not specifically
delegated by law to some other executive department;
``(4) develop, establish, maintain, and operate, with due
regard to the requirements of national defense, aids to
maritime navigation, ice-breaking facilities, and rescue
facilities for the promotion of safety on, under, and over the
high seas and waters subject to the jurisdiction of the United
States;
``(5) pursuant to international agreements, develop,
establish, maintain, and operate icebreaking facilities on,
under, and over waters other than the high seas and waters
subject to the jurisdiction of the United States;
``(6) engage in oceanographic research of the high seas and
in waters subject to the jurisdiction of the United States; and
``(7) maintain a state of readiness to function as a
specialized service in the Navy in time of war, including the
fulfillment of Maritime Defense Zone command responsibilities.
``Sec. 3. Department in which the Coast Guard operates
``(a) The Coast Guard shall be a service in the Department of
Homeland Security, except when operating as a service in the Navy.
``(b) Upon the declaration of war if Congress so directs in the
declaration or when the President directs, the Coast Guard shall
operate as a service in the Navy, and shall so continue until the
President, by Executive order, transfers the Coast Guard back to the
Department of Homeland Security. While operating as a service in the
Navy, the Coast Guard shall be subject to the orders of the Secretary
of the Navy, who may order changes in Coast Guard operations to render
them uniform, to the extent such Secretary deems advisable, with Navy
operations.
``(c) Whenever the Coast Guard operates as a service in the Navy:
``(1) applicable appropriations of the Navy Department
shall be available for the expense of the Coast Guard;
``(2) applicable appropriations of the Coast Guard shall be
available for transfer to the Navy Department;
``(3) precedence between commissioned officers of
corresponding grades in the Coast Guard and the Navy shall be
determined by the date of rank stated by their commissions in
those grades;
``(4) personnel of the Coast Guard shall be eligible to
receive gratuities, medals, and other insignia of honor on the
same basis as personnel in the naval service or serving in any
capacity with the Navy; and
``(5) the Secretary may place on furlough any officer of
the Coast Guard and officers on furlough shall receive one half
of the pay to which they would be entitled if on leave of
absence, but officers of the Coast Guard Reserve shall not be
so placed on furlough.
``Sec. 4. Secretary defined
``In this title, the term `Secretary' means the Secretary of the
respective department in which the Coast Guard is operating.''.
SEC. 605. DISTANT WATER TUNA FLEET.
Section 421 of the Coast Guard and Maritime Transportation Act of
2006 (Public Law 109-241; 120 Stat. 548) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Licensing Restrictions.--
``(1) In general.--Subsection (a)(1) only applies to a
foreign citizen that holds a credential that is equivalent to
the credential issued by the Coast Guard to a United States
citizen for the position, with respect to requirements for
experience, training, and other qualifications.
``(2) Treatment of license.--An equivalent credential under
paragraph (1) shall be considered as meeting the requirements
of section 8304 of title 46, United States Code, but only while
a person holding the credential is in the service of the vessel
to which this section applies.'';
(2) in subsection (c) by inserting ``or Guam'' before the
period at the end; and
(3) in subsection (d) by striking ``on December 31, 2012''
and inserting ``on the date the Treaty on Fisheries Between the
Governments of Certain Pacific Island States and the Government
of the United States of America ceases to have effect for any
party under Article 12.6 or 12.7 of such treaty, as in effect
on the date of enactment of the Coast Guard and Maritime
Transportation Act of 2011''.
SEC. 606. WAIVERS.
(a) In General.--Notwithstanding sections 12112 and 12132 and
chapter 551 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may issue a
certificate of documentation with a coastwise endorsement for each of
the following vessels:
(1) M/V GEYSIR (United States official number 622178).
(2) MACY-RENEE (United States official number 1107319)
(3) OCEAN VERITAS (IMO number 7366805).
(4) LUNA (United States official number 280133).
(5) IL MORO DI VENEZIA IV (United States official number
1028654)
(b) Documentation of LNG Tankers.--
(1) In general.--Notwithstanding sections 12112 and 12132
and chapter 551 of title 46, United States Code, the Secretary
of the department in which the Coast Guard is operating may
issue a certificate of documentation with a coastwise
endorsement for each of the following vessels:
(A) LNG GEMINI (United States official number
595752).
(B) LNG LEO (United States official number 595753).
(C) LNG VIRGO (United States official number
595755).
(2) Limitation on operation.--Coastwise trade authorized
under paragraph (1) shall be limited to carriage of natural
gas, as that term is defined in section 3(13) of the Deepwater
Port Act of 1974 (33 U.S.C. 1502(13)).
(3) Termination of effectiveness of endorsements.--The
coastwise endorsement issued under paragraph (1) for a vessel
shall expire on the date of the sale of the vessel by the owner
of the vessel on the date of enactment of this Act to a person
who is not related by ownership or control to such owner.
(c) Operation of a Dry Dock.--A vessel transported in Dry Dock #2
(State of Alaska registration AIDEA FDD-2) is not merchandise for
purposes of section 55102 of title 46, United States Code, if, during
such transportation, Dry Dock #2 remains connected by a utility or
other connecting line to pierside moorage.
SEC. 607. REPORT ON OPTIONS TO IMPROVE INTEGRATION OF U.S. COAST GUARD
AND CANADIAN COAST GUARD GREAT LAKES ICEBREAKING
OPERATIONAL INFORMATION.
Within 180 days after the date of enactment of this Act, the
Commandant of the Coast Guard shall report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives on
options to improve the integration of the Great Lakes icebreaking
operational information of the United States Coast Guard and Canadian
Coast Guard to improve the safety, economic security, and efficiency of
Great Lakes icebreaking activities of both services.
SEC. 608. STANDBY VESSELS.
(a) In General.--Subtitle VIII of title 46, United States Code, is
amended by adding at the end thereof the following new chapter:
``CHAPTER 807--STANDBY VESSELS
``Sec.
``80701. Standby vessels.
``Sec. 80701. Standby vessels
``(a) In General.--The owner or operator of a manned facility,
installation, unit, or vessel shall locate a standby vessel--
``(1) not more than 3 nautical miles from such manned
facility, installation, unit, or vessel while it is performing
drilling, plugging, abandoning, or workover operations; and
``(2) not more than 12 nautical miles from such manned
facility, installation, unit, or vessel while it is performing
operations other than drilling, plugging, abandoning, or
workover operations.
``(b) Improved Standby Vessel Response Time.--
``(1) In general.--A Coast Guard District Commander may
reduce the distances prescribed in subsection (a) for the area
of command of the District Commander if the District Commander
determines the reduction is necessary to address delays in
standby vessel response times caused by inclement weather, high
seas, or other conditions that prolong standby vessel response
time or lessen the time survivors of an accident can remain in
the water.
``(2) Approximation of normal response time.--Any reduction
under paragraph (1) shall be made to a distance that, in
weather conditions necessitating the reduction, ensures that a
standby vessel's response time approximates that of a standby
vessel covering the distance prescribed in subsection (a)
during normal weather conditions.
``(3) Prevention of hypothermia.--Any reduction under
paragraph (1) made due to water temperature or other factors
that reduce the time survivors of an accident can remain in the
water shall be made to a distance at which a standby vessel can
be assumed to reach the survivor before the onset of
hypothermia.
``(4) Notice to owners and operators.--Before exercising
the authority in paragraph (1), a District Commander shall
provide 72 hours notice to the owners and operators of standby
vessels and owners and operators of manned facilities,
installations, units, and vessels operating in the District
Commander's area of command.
``(c) Multiple Platforms and Uses.--Nothing in this section shall
be construed to prohibit--
``(1) use of one standby vessel for more than one manned
facility, installation, unit, or vessel; or
``(2) use of a standby vessel for other purposes.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
such subtitle is amended by adding at the end the following:
``807. Standby vessels...................................... 80701''.
(c) Effective Date.--The amendments made by this section shall take
effect one year after the date of enactment of this Act.
(d) Regulations.--
(1) In general.--The Secretary of the department in which
the Coast Guard is operating may promulgate regulations to
implement the amendments made by this section.
(2) Existing regulations.--Until such time as the Secretary
promulgates regulations to implement the amendments made by
this section, the requirements of subpart E of part 143 of
title 33, Code of Federal Regulations, as in effect on the date
of enactment of this Act, including the requirements that must
be met by a standby vessel, shall apply to standby vessels
required under the amendments.
SEC. 609. CAP ON PENALTY WAGES.
(a) Foreign and Intercoastal Voyages.--Section 10313(g) of title
46, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``all claims in a class action suit
by seamen'' and inserting ``each claim by a seaman'';
and
(B) by striking ``the seamen'' and inserting ``the
seaman''; and
(2) in paragraph (3), by striking ``class action''.
(b) Coastwise Voyages.--Section 10504(c) of such title is amended--
(1) in paragraph (2)--
(A) by striking ``all claims in a class action suit
by seamen'' and inserting ``each claim by a seaman'';
and
(B) by striking ``the seamen'' and inserting ``the
seaman''; and
(2) in paragraph (3), by striking ``class action''.
SEC. 610. REPORT ON IMPEDIMENTS TO THE U.S.-FLAG REGISTRY.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Commandant of the Coast Guard shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on factors under the authority of
the Coast Guard that impact the ability of vessels documented in the
United States to effectively compete in international transportation
markets.
(b) Content.--The report shall include--
(1) a review of differences in Coast Guard policies and
regulations governing the inspection of vessels documented in
the United States and the policies and regulations of the
International Maritime Organization governing the inspection of
vessels not documented in the United States;
(2) a statement on the impact such differences have on
operating costs for vessels documented in the United States;
and
(3) recommendations on whether to harmonize any differences
in the policies and regulations governing inspection of vessels
by the Coast Guard and the International Maritime Organization.
(c) Consultation.--In preparing the report, the Commandant may
consider the views of representatives of the owners or operators of
vessels documented in the United States and the organizations
representing the employees employed on such vessels.
SEC. 611. REPORT ON DRUG INTERDICTION IN THE CARIBBEAN BASIN.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Commandant of the Coast Guard shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on drug interdiction in the
Caribbean basin.
(b) Content.--The report shall include--
(1) a statement of the Coast Guard mission requirements for
drug interdiction in the Caribbean basin;
(2) the number of maritime surveillance hours and Coast
Guard assets used in each of fiscal years 2009 through 2011 to
counter the illicit trafficking of drugs and other related
threats throughout the Caribbean basin; and
(3) a determination of whether such hours and assets
satisfied the Coast Guard mission requirements for drug
interdiction in the Caribbean basin.
SEC. 612. REPORT ON SURVIVAL CRAFT.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Commandant of the Coast Guard shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the carriage of survival craft
that ensures no part of an individual is immersed in water.
(b) Content.--The report shall include information on--
(1) the number of casualties as the result of immersion in
water by vessel type and area of operation reported to the
Coast Guard for each of fiscal years 1991 through 2011;
(2) the effect the carriage of such survival craft has on
vessel safety, including stability and safe navigation;
(3) the efficacy of alternative safety systems, devices, or
measures; and
(4) the cost and cost-effectiveness of requiring the
carriage of such survival craft on vessels.
SEC. 613. CONSIDERATION OF INFORMATION RELATING TO EMPLOYMENT WHEN
AWARDING CONTRACTS.
(a) In General.--Subchapter I of chapter 15 of title 14, United
States Code, is further amended by adding at the end the following:
``Sec. 569c. Consideration of information relating to employment when
awarding contracts
``(a) Jobs Impact Statements.--The Secretary, in issuing a
solicitation for competitive proposals with respect to a Coast Guard
contracting opportunity, shall state in the solicitation that the
Secretary may consider information (in this section referred to as a
`jobs impact statement')--
``(1) that the offeror may include in its offer; and
``(2) that relates to the effect of the contract on
employment in the United States if the contract is awarded to
the offeror.
``(b) Contents.--The information that may be included in a jobs
impact statement may include the following:
``(1) The number of jobs expected to be created in the
United States, or the number of jobs to be retained in the
United States that otherwise would be lost, if the contract is
awarded to the offeror.
``(2) The number of jobs expected to be created or retained
in the United States by the subcontractors expected to be used
by the offeror in the performance of the contract.
``(3) A guarantee from the offeror that jobs created or
retained in the United States as a result of the contract being
awarded to the offeror will not be moved outside the United
States after award of the contract.
``(c) Use in Evaluation.--The Secretary may consider information in
a jobs impact statement in the evaluation of an offer relating to a
Coast Guard contracting opportunity and may request further information
from the offeror in order to verify the accuracy of any such
information submitted.
``(d) Assessment.--With respect to a contract awarded to an offeror
that submitted a jobs impact statement, the Secretary shall track the
number of jobs created or retained in the United States as a result of
the contract. If the number of jobs estimated to be created or retained
in the jobs impact statement significantly exceeds the number of jobs
created or retained as a result of the contract, the Secretary may
evaluate whether the contractor should be proposed for debarment.
``(e) Reports.--Not later than 1 year after the date of enactment
of this section, and annually thereafter, the Secretary shall submit to
Congress a report describing the use by the Secretary of jobs impact
statements in evaluating offers relating to Coast Guard contracting
opportunities.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is further amended by adding at the end of the items relating
to such subchapter the following:
``569c. Consideration of information relating to employment when
awarding contracts.''.
SEC. 614. REQUIREMENT OF CORPS.
The Secretary of the Army, acting through the Chief of the Corps of
Engineers, shall continue to study the project related to the
Jacksonville Port Authority in Jacksonville, Florida, without applying
any additional peer reviews described by section 2034 of the Water
Resources Development Act of 2007 (33 U.S.C. 2343).
SEC. 615. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER STORIS.
(a) In General.--The Commandant of the Coast Guard shall convey,
without consideration, all right, title, and interest of the United
States in and to the decommissioned Coast Guard Cutter STORIS (in this
section referred to as the ``vessel'') to the Storis Museum, a
nonprofit entity of Juneau, Alaska, if the Storis Museum agrees--
(1) to use the vessel as a historic memorial, make the
vessel available to the public as a museum, and work
cooperatively with other museums to provide education on and
memorialize the maritime heritage of the vessel and other
maritime activities in Alaska, the Pacific Northwest, the
Arctic Ocean, and adjacent oceans and seas;
(2) not to use the vessel for commercial transportation
purposes;
(3) to make the vessel available to the United States
Government if needed for use by the Commandant in time of war
or a national emergency or based on the critical needs of the
Coast Guard;
(4) to hold the Government harmless for any claims arising
from exposure to hazardous materials, including asbestos and
polychlorinated biphenyls (PCBs), except for claims arising
from the use of the vessel by the Government;
(5) to bear all costs of transportation and delivery of the
vessel;
(6) to bear all costs of vessel disposal in accordance with
Federal law when the vessel is no longer used as a museum; and
(7) to any other conditions the Commandant considers
appropriate.
(b) Maintenance and Delivery of Vessel.--Before conveyance of the
vessel under this section, the Commandant shall make, to the extent
practical and subject to other Coast Guard mission requirements, every
effort to maintain the integrity of the vessel and its equipment until
the time of delivery.
(c) Other Excess Equipment.--The Commandant may convey to the
recipient of the vessel under this section any excess equipment or
parts from other decommissioned Coast Guard vessels for use to enhance
the vessel's operability and function for purposes of a public museum
and historical display.
SEC. 616. TRANSPORTATION OF PASSENGERS BETWEEN PORTS IN PUERTO RICO.
Notwithstanding chapter 551 of title 46, United States Code, a
vessel of 100 gross tons or more not qualified to engage in the
coastwise trade may transport passengers between ports in Puerto Rico.
TITLE VII--COMMERCIAL VESSEL DISCHARGES REFORM
SEC. 701. SHORT TITLE.
This title may be cited as the ``Commercial Vessel Discharges
Reform Act of 2011''.
SEC. 702. DISCHARGES FROM COMMERCIAL VESSELS.
Title III of the Federal Water Pollution Control Act (33 U.S.C.
1311 et seq.) is amended by adding at the end the following:
``SEC. 321. DISCHARGES FROM COMMERCIAL VESSELS.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Aquatic nuisance species.--The term `aquatic nuisance
species' means a nonindigenous species (including a pathogen)
that threatens the diversity or abundance of native species or
the ecological stability of navigable waters or commercial,
agricultural, aquacultural, or recreational activities
dependent on such waters.
``(2) Ballast water.--
``(A) In general.--The term `ballast water' means
any water (including any sediment suspended in such
water) taken aboard a commercial vessel--
``(i) to control trim, list, draught,
stability, or stresses of the vessel; or
``(ii) during the cleaning, maintenance, or
other operation of a ballast water treatment
system of the vessel.
``(B) Exclusion.--The term `ballast water' does not
include any pollutant that is added to water described
in subparagraph (A) that is not directly related to the
operation of a properly functioning ballast water
treatment technology certified under subsection (e).
``(3) Ballast water performance standard.--The term
`ballast water performance standard' or `performance standard'
means a numerical ballast water performance standard specified
under subsection (c) or established under subsection (d).
``(4) Ballast water treatment system.--The term `ballast
water treatment system' means any equipment on board a
commercial vessel (including all compartments, piping, spaces,
tanks, and multi-use compartments, piping, spaces, and tanks)
that is--
``(A) designed for loading, carrying, treating, or
discharging ballast water; and
``(B) installed and operated to meet a ballast
water performance standard.
``(5) Ballast water treatment technology.--The term
`ballast water treatment technology' or `treatment technology'
means any mechanical, physical, chemical, or biological process
used, either singularly or in combination, to remove, render
harmless, or avoid the uptake or discharge of aquatic nuisance
species within ballast water.
``(6) Biocide.--The term `biocide' means a substance or
organism, including a virus or fungus, that is introduced into,
or produced by, a ballast water treatment technology to reduce
or eliminate aquatic invasive species as part of the process
used to comply with a ballast water performance standard under
this section.
``(7) Commercial vessel.--The term `commercial vessel'
means every description of watercraft, or other artificial
contrivance used or capable of being used as a means of
transportation on water--
``(A) that is engaged in commercial service (as
defined under section 2101 of title 46, United States
Code); or
``(B) that is owned or operated by the United
States, other than a vessel of the Armed Forces (as
defined under section 312 of this Act).
``(8) Constructed.--The term `constructed' means a state of
construction of a commercial vessel at which--
``(A) the keel is laid;
``(B) construction identifiable with the specific
vessel begins;
``(C) assembly of the vessel has begun comprising
at least 50 tons or 1 percent of the estimated mass of
all structural material of the vessel, whichever is
less; or
``(D) the vessel commences a major conversion.
``(9) Discharge incidental to the normal operation of a
commercial vessel.--
``(A) In general.--The term `discharge incidental
to the normal operation of a commercial vessel' means--
``(i) a discharge into navigable waters
from a commercial vessel of--
``(I)(aa) graywater (except
graywater referred to in section
312(a)(6)), bilge water, cooling water,
oil water separator effluent, anti-
fouling hull coating leachate, boiler
or economizer blowdown, byproducts from
cathodic protection, controllable pitch
propeller and thruster hydraulic fluid,
distillation and reverse osmosis brine,
elevator pit effluent, firemain system
effluent, freshwater layup effluent,
gas turbine wash water, motor gasoline
and compensating effluent,
refrigeration and air condensate
effluent, seawater pumping biofouling
prevention substances, boat engine wet
exhaust, sonar dome effluent, exhaust
gas scrubber washwater, or stern tube
packing gland effluent; or
``(bb) any other pollutant
associated with the operation of a
marine propulsion system, shipboard
maneuvering system, habitability
system, or installed major equipment,
or from a protective, preservative, or
absorptive application to the hull of a
commercial vessel;
``(II) weather deck runoff, deck
wash, aqueous film forming foam
effluent, chain locker effluent, non-
oily machinery wastewater, underwater
ship husbandry effluent, welldeck
effluent, or fish hold and fish hold
cleaning effluent; or
``(III) any effluent from a
properly functioning marine engine; or
``(ii) a discharge of a pollutant into
navigable waters in connection with the
testing, maintenance, and repair of a system,
equipment, or engine described in subclause
(I)(bb) or (III) of clause (i) whenever the
commercial vessel is waterborne.
``(B) Exclusion.--The term `discharge incidental to
the normal operation of a commercial vessel' does not
include--
``(i) a discharge into navigable waters
from a commercial vessel of--
``(I) ballast water;
``(II) rubbish, trash, garbage,
incinerator ash, or other such material
discharged overboard;
``(III) oil or a hazardous
substance within the meaning of section
311; or
``(IV) sewage within the meaning of
section 312;
``(ii) an emission of an air pollutant
resulting from the operation onboard a
commercial vessel of a vessel propulsion
system, motor driven equipment, or incinerator;
or
``(iii) a discharge into navigable waters
from a commercial vessel when the commercial
vessel is operating in a capacity other than as
a means of transportation on water.
``(10) Existing commercial vessel.--The term `existing
commercial vessel' means a commercial vessel constructed prior
to January 1, 2012.
``(11) Geographically limited area.--The term
`geographically limited area' means an area--
``(A) with a physical limitation that prevents a
commercial vessel from operating outside the area, as
determined by the Secretary; or
``(B) that is ecologically homogeneous, as
determined by the Administrator, in consultation with
the Secretary.
``(12) Major conversion.--The term `major conversion' means
a conversion of a commercial vessel that--
``(A) changes its ballast water capacity by 15
percent or more; or
``(B) prolongs the life of the commercial vessel by
10 years or more, as determined by the Secretary.
``(13) Manufacturer.--The term `manufacturer' means a
person engaged in the manufacturing, assembling, or importation
of a ballast water treatment technology.
``(14) Navigable waters.--The term `navigable waters'
includes the exclusive economic zone, as defined in section 107
of title 46, United States Code.
``(15) Nonindigenous species.--The term `nonindigenous
species' means a species or other viable biological material
that enters an ecosystem beyond its historic range.
``(16) Owner or operator.--The term `owner or operator'
means a person owning, operating, or chartering by demise a
commercial vessel.
``(17) Secretary.--The term `Secretary' means the Secretary
of the department in which the Coast Guard is operating.
``(18) Vessel general permit.--The term `Vessel General
Permit' means the Vessel General Permit for Discharges
Incidental to the Normal Operation of Vessels issued by the
Administrator under section 402 for ballast water and other
discharges incidental to the normal operation of vessels, as in
effect on February 6, 2009.
``(b) General Provisions.--
``(1) Ballast water discharge requirements for commercial
vessels.--An owner or operator may discharge ballast water from
a commercial vessel into navigable waters only if--
``(A) the discharge--
``(i) meets the ballast water performance
standard;
``(ii) is made pursuant to the safety
exemption established by subsection (c)(2);
``(iii) meets the requirements of an
alternative method of compliance established
for the commercial vessel under subsection (f);
or
``(iv) is made pursuant to a determination
that the commercial vessel meets the
requirements relating to geographically limited
areas under subsection (g); and
``(B) the owner or operator discharges the ballast
water in accordance with a ballast water management
plan approved under subsection (i).
``(2) Applicability.--
``(A) Covered vessels.--Paragraph (1) shall apply
to the owner or operator of a commercial vessel that is
designed, constructed, or adapted to carry ballast
water if the commercial vessel is--
``(i) documented under the laws of the
United States; or
``(ii) operating in navigable waters on a
voyage to or from a port or place in the United
States.
``(B) Exempted vessels.--Paragraph (1) shall not
apply to the owner or operator of--
``(i) a commercial vessel that carries all
of its ballast water in sealed tanks that are
not subject to discharge;
``(ii) a commercial vessel that
continuously takes on and discharges ballast
water in a flow-through system, if such system
does not introduce aquatic nuisance species
into navigable waters, as determined by the
Secretary in consultation with the
Administrator;
``(iii) any vessel in the National Defense
Reserve Fleet that is scheduled to be disposed
of through scrapping or sinking;
``(iv) a commercial vessel that discharges
ballast water consisting solely of water--
``(I) taken aboard from a municipal
or commercial source; and
``(II) that, at the time the water
is taken aboard, meets the applicable
regulations or permit requirements for
such source under the Safe Drinking
Water Act (42 U.S.C. 300f et seq.) and
section 402 of this Act; or
``(v) a commercial vessel that is 3 years
or fewer from the end of its useful life, as
determined by the Secretary, on the date on
which the regulations issued under paragraph
(3) become effective for the vessel pursuant to
the implementation schedule issued under
paragraph (3)(B).
``(C) Limitation.--An exemption under subparagraph
(B)(v) shall cease to be effective on the date that is
3 years after the date on which the regulations under
paragraph (3) become effective for the commercial
vessel pursuant to the implementation schedule issued
under paragraph (3)(B).
``(3) Issuance of regulations.--
``(A) In general.--Not later than 180 days after
the date of enactment of this section, the Secretary,
in consultation with the Administrator, shall issue
final regulations to implement the requirements of this
section.
``(B) Proposed rule.--For the purposes of chapter 5
of title 5, United States Code, the proposed rulemaking
published by the Coast Guard on August 28, 2009 (74
Fed. Reg. 44632; relating to standards for living
organisms in ships' ballast water discharged in U.S.
waters), shall serve as a proposed rule for the
purposes of issuing regulations under this section.
``(4) Compliance schedules.--
``(A) Initial performance standard compliance
deadlines.--
``(i) In general.--An owner or operator
shall comply with the performance standard
established under subsection (c) on or before
the deadline that applies to the commercial
vessel of the owner or operator, as specified
in clause (ii).
``(ii) Deadlines.--The deadlines for
compliance with the performance standard
established under subsection (c) are as
follows:
``(I) For a commercial vessel
constructed on or after January 1,
2012, the date of delivery of the
vessel.
``(II) For an existing commercial
vessel with a ballast water capacity of
less than 1,500 cubic meters, the date
of the first drydocking of the vessel
after January 1, 2016.
``(III) For an existing commercial
vessel with a ballast water capacity of
at least 1,500 cubic meters but not
more than 5,000 cubic meters, the date
of the first drydocking of the vessel
after January 1, 2014.
``(IV) For an existing commercial
vessel with a ballast water capacity of
greater than 5,000 cubic meters, the
date of the first drydocking of the
vessel after January 1, 2016.
``(iii) Regulations.--In issuing
regulations under paragraph (3), the Secretary
shall include a compliance schedule that sets
forth the deadlines specified in clause (ii).
``(B) Revised performance standard compliance
deadlines.--
``(i) In general.--Upon revision of a
performance standard under subsection (d), the
Secretary, in consultation with the
Administrator, shall issue a compliance
schedule that establishes deadlines for an
owner or operator to comply with the revised
performance standard.
``(ii) Factors.--In issuing a compliance
schedule under this subparagraph, the
Secretary--
``(I) shall consider the factors
identified in subparagraph (C)(iv); and
``(II) may establish different
compliance deadlines based on vessel
class, type, or size.
``(iii) Vessels constructed after issuance
of revised performance standards.--A compliance
schedule issued under this subparagraph with
respect to a revised performance standard shall
require, at a minimum, the owner or operator of
a commercial vessel that commences a major
conversion or is constructed on or after the
date of issuance of the revised performance
standard to comply with the revised performance
standard.
``(C) Extension of compliance deadlines.--
``(i) In general.--The Secretary may extend
a compliance deadline established under
subparagraph (A) or (B) on the Secretary's own
initiative or in response to a petition
submitted by an owner or operator.
``(ii) Processes for granting extensions.--
In issuing regulations under paragraph (3), the
Secretary shall establish--
``(I) a process for the Secretary,
in consultation with the Administrator,
to issue an extension of a compliance
deadline established under subparagraph
(A) or (B) for a commercial vessel (or
class, type, or size of vessel); and
``(II) a process for an owner or
operator to submit a petition to the
Secretary for an extension of a
compliance deadline established under
subparagraph (A) or (B) with respect to
the commercial vessel of the owner or
operator.
``(iii) Period of extensions.--An extension
issued under clause (ii)(II) shall--
``(I) apply for a period of not to
exceed 18 months; and
``(II) be renewable for an
additional period of not to exceed 18
months.
``(iv) Factors.--In issuing an extension or
reviewing a petition under this subparagraph,
the Secretary shall consider, with respect to
the ability of an owner or operator to meet a
compliance deadline, the following factors:
``(I) Whether the treatment
technology to be installed is available
in sufficient quantities to meet the
compliance deadline.
``(II) Whether there is sufficient
shipyard or other installation facility
capacity.
``(III) Whether there is sufficient
availability of engineering and design
resources.
``(IV) Vessel characteristics, such
as engine room size, layout, or a lack
of installed piping.
``(V) Electric power generating
capacity aboard the vessel.
``(VI) Safety of the vessel and
crew.
``(v) Consideration of petitions.--
``(I) Determinations.--The
Secretary shall approve or deny a
petition for an extension of a
compliance deadline submitted by an
owner or operator under this
subparagraph.
``(II) Deadline.--If the Secretary
does not approve or deny a petition
referred to in subclause (I) on or
before the last day of the 90-day
period beginning on the date of
submission of the petition, the
petition shall be deemed approved.
``(c) Ballast Water Performance Standard for Commercial Vessels.--
``(1) In general.--To meet the ballast water performance
standard, an owner or operator shall--
``(A) conduct ballast water treatment before
discharging ballast water from a commercial vessel into
navigable waters using a ballast water treatment
technology certified for the vessel (or class, type, or
size of vessel) under subsection (e); and
``(B) ensure that any ballast water so discharged
meets, at a minimum, the numerical ballast water
performance standard set forth in the International
Convention for the Control and Management of Ships'
Ballast Water and Sediments, as adopted on February 13,
2004, or a revised numerical ballast water performance
standard established under subsection (d).
``(2) Safety exemption.--Notwithstanding paragraph (1), an
owner or operator may discharge ballast water without regard to
a ballast water performance standard if--
``(A) the discharge is done solely to ensure the
safety of life at sea;
``(B) the discharge is accidental and the result of
damage to the commercial vessel or its equipment and--
``(i) all reasonable precautions to prevent
or minimize the discharge have been taken; and
``(ii) the owner or operator did not
willfully or recklessly cause such damage; or
``(C) the discharge is solely for the purpose of
avoiding or minimizing discharge from the vessel of
pollution that would otherwise violate an applicable
Federal or State law.
``(d) Review of Performance Standard.--
``(1) In general.--Not later than January 1, 2016, and
every 10 years thereafter, the Administrator, in consultation
with the Secretary, shall complete a review to determine
whether revising the ballast water performance standard would
result in a scientifically demonstrable and substantial
reduction in the risk of the introduction or establishment of
aquatic nuisance species.
``(2) Considerations.--In conducting the review, the
Administrator shall consider--
``(A) improvements in the scientific understanding
of biological and ecological processes that lead to the
introduction or establishment of aquatic nuisance
species;
``(B) improvements in ballast water treatment
technology, including--
``(i) the capability of such technology to
achieve a revised ballast water performance
standard;
``(ii) the effectiveness and reliability of
such technology in the shipboard environment;
``(iii) the compatibility of such
technology with the design and operation of
commercial vessels by class, type, and size;
``(iv) the commercial availability of such
technology; and
``(v) the safety of such technology;
``(C) improvements in the capabilities to detect,
quantify, and assess the viability of aquatic nuisance
species at the concentrations under consideration;
``(D) the impact of ballast water treatment
technology on water quality; and
``(E) the costs, cost-effectiveness, and impacts
of--
``(i) a revised ballast water performance
standard, including the potential impacts on
shipping, trade, and other uses of the aquatic
environment; and
``(ii) maintaining the existing ballast
water performance standard, including the
potential impacts on water-related
infrastructure, recreation, the propagation of
native fish, shellfish, and wildlife, and other
uses of navigable waters.
``(3) Revision of performance standard.--
``(A) Rulemaking.--If, pursuant to a review
conducted under paragraph (1), the Administrator, in
consultation with the Secretary, determines that
revising the ballast water performance standard would
result in a scientifically demonstrable and substantial
reduction in the risk of the introduction or
establishment of aquatic nuisance species, the
Administrator shall undertake a rulemaking to revise
the performance standard.
``(B) Special rule.--The Administrator may not
issue a revised performance standard pursuant to this
paragraph that applies to a commercial vessel
constructed prior to the date on which the revised
performance standard is issued unless the revised
performance standard is at least 2 orders of magnitude
more stringent than the performance standard in effect
on the date that the review is completed.
``(4) State petition for review of performance standards.--
``(A) In general.--The Governor of a State may
submit a petition requesting that the Administrator
review a ballast water performance standard if there is
significant new information that could reasonably
indicate the performance standard could be revised to
result in a scientifically demonstrable and substantial
reduction in the risk of the introduction or
establishment of aquatic nuisance species.
``(B) Timing.--A Governor may not submit a petition
under subparagraph (A) during the 1-year period
following the date of completion of a review under
paragraph (1).
``(C) Required information.--A petition submitted
to the Administrator under subparagraph (A) shall
include the scientific and technical information on
which the petition is based.
``(D) Review and reporting.--Upon receipt of a
petition from a Governor under subparagraph (A), the
Administrator shall make publicly available a copy of
the petition, including the scientific and technical
information provided by the Governor under subparagraph
(C).
``(E) Review and revision of performance
standards.--
``(i) In general.--If, after receiving a
petition submitted by a Governor under
subparagraph (A) for review of a performance
standard, the Administrator, in consultation
with the Secretary, determines that the
petition warrants additional action, the
Administrator may--
``(I) in consultation with the
Secretary, initiate a review of the
performance standard under paragraph
(1); and
``(II) in consultation with the
Secretary, revise the performance
standard through a rulemaking under
paragraph (3)(A), subject to the
limitation in paragraph (3)(B).
``(ii) Treatment of more than one petition
as a single petition.--The Administrator may
treat more than one petition as a single
petition for review.
``(e) Treatment Technology Certification.--
``(1) Certification required.--
``(A) Certification process.--
``(i) Evaluation.--Upon application of a
manufacturer, the Secretary shall evaluate a
ballast water treatment technology with respect
to--
``(I) whether the treatment
technology meets the ballast water
performance standard when installed on
a commercial vessel (or a class, type,
or size of commercial vessel);
``(II) the effect of the treatment
technology on commercial vessel safety;
and
``(III) any other criteria the
Secretary considers appropriate.
``(ii) Certification.--If, after conducting
the evaluation required by clause (i), the
Secretary determines the treatment technology
meets the criteria established under such
clause, the Secretary may certify the treatment
technology for use on a commercial vessel (or a
class, type, or size of commercial vessel).
``(iii) Suspension and revocation of
certification.--The Secretary shall, by
regulation, establish a process to suspend or
revoke a certification issued under this
subparagraph.
``(B) Certificates of type approval.--
``(i) Issuance of certificates to
manufacturer.--If the Secretary certifies a
ballast water treatment technology under
subparagraph (A), the Secretary shall issue to
the manufacturer of the treatment technology,
in such form and manner as the Secretary
determines appropriate, a certificate of type
approval for the treatment technology.
``(ii) Conditions to be included in
certificates.--A certificate of type approval
issued under clause (i) shall include any
conditions that are imposed by the Secretary
under paragraph (2).
``(iii) Issuance of copies of certificates
to owners and operators.--A manufacturer that
receives a certificate of type approval under
clause (i) for a ballast water treatment
technology shall furnish a copy of the
certificate to any owner or operator of a
commercial vessel on which the treatment
technology is installed.
``(iv) Inspections.--An owner or operator
who receives a copy of a certificate under
clause (iii) for a ballast water treatment
technology installed on a commercial vessel
shall retain a copy of the certificate onboard
the commercial vessel and make the copy of the
certificate available for inspection at all
times that such owner or operator is utilizing
the treatment technology.
``(C) Treatment technologies that use or generate
biocides.--The Secretary may not certify a ballast
water treatment technology that--
``(i) uses a biocide or generates a biocide
that is a `pesticide', as defined in section 2
of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136), unless the
biocide is registered under such Act or the
Administrator has approved the use of such
biocide in such treatment technology; or
``(ii) uses or generates a biocide the
discharge of which causes or contributes to a
violation of a water quality standard under
section 303 of this Act.
``(D) Prohibition.--
``(i) In general.--Except as provided by
clause (ii), an owner or operator may not use a
ballast water treatment technology to comply
with the requirements of this section unless
the Secretary has certified the treatment
technology under subparagraph (A).
``(ii) Exceptions.--
``(I) Coast guard shipboard
technology evaluation program.--An
owner or operator may use a ballast
water treatment technology that has not
been certified by the Secretary to
comply with the requirements of this
section if the technology is being
evaluated under the Coast Guard
Shipboard Technology Evaluation
Program.
``(II) Ballast water treatment
technologies certified by foreign
entities.--An owner or operator may use
a ballast water treatment technology
that has not been certified by the
Secretary to comply with the
requirements of this section if the
technology has been certified by a
foreign entity and the certification
demonstrates performance and safety of
the treatment technology equivalent to
the requirements of this subsection, as
determined by the Secretary.
``(2) Certification conditions.--
``(A) Imposition of conditions.--In certifying a
ballast water treatment technology under this
subsection, the Secretary, in consultation with the
Administrator, may impose any condition on the
subsequent installation, use, or maintenance of the
treatment technology onboard a commercial vessel as is
necessary for--
``(i) the safety of the vessel, the crew of
the vessel, and any passengers aboard the
vessel;
``(ii) the protection of the environment;
and
``(iii) the effective operation of the
treatment technology.
``(B) Failure to comply.--The failure of an owner
or operator to comply with a condition imposed under
subparagraph (A) is a violation of this section.
``(3) Use of ballast water treatment technologies once
installed.--
``(A) In general.--Subject to subparagraph (B), an
owner or operator who installs a ballast water
treatment technology that the Secretary has certified
under paragraph (1) may use the treatment technology,
notwithstanding any revisions to a ballast water
performance standard occurring after the installation
so long as the owner or operator--
``(i) maintains the treatment technology in
proper working condition; and
``(ii) maintains and uses the treatment
technology in accordance with--
``(I) the manufacturer's
specifications; and
``(II) any conditions imposed by
the Secretary under paragraph (2).
``(B) Limitation.--Subparagraph (A) shall cease to
apply with respect to a commercial vessel after the
first to occur of the following:
``(i) The expiration of the service life of
the ballast water treatment technology of the
vessel, as determined by the Secretary.
``(ii) The expiration of service life of
the vessel, as determined by the Secretary.
``(iii) The completion of a major
conversion of the vessel.
``(4) Testing protocols.--Not later than 180 days after the
date of enactment of this section, the Administrator, in
consultation with the Secretary, shall issue requirements for
land-based and shipboard testing protocols or criteria for--
``(A) certifying the performance of ballast water
treatment technologies under this subsection; and
``(B) certifying laboratories to evaluate such
treatment technologies.
``(5) Prohibition.--Following the date on which the
requirements of subsection (b)(1) apply with respect to a
commercial vessel pursuant to the implementation schedule
issued under subsection (b)(3)(B), no manufacturer of a ballast
water treatment technology shall sell, offer for sale, or
introduce or deliver for introduction into interstate commerce,
or import into the United States for sale or resale, a ballast
water treatment technology for the commercial vessel unless the
technology has been certified under this subsection.
``(f) Alternative Methods of Compliance.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of this section, the Secretary, in
consultation with the Administrator, shall establish an
alternative method of compliance with this section for--
``(A) a commercial vessel having a maximum ballast
water capacity of less than 8 cubic meters; and
``(B) a commercial vessel that is 3 years or fewer
from the end of its useful life, as determined by the
Secretary pursuant to subsection (b)(2)(B)(v).
``(2) Factors for consideration.--In establishing an
alternative method of compliance under paragraph (1), the
Secretary shall consider--
``(A) the effectiveness of the alternative method
in reducing the risk of the introduction or
establishment of aquatic nuisance species relative to
the performance standard; and
``(B) any other factor the Secretary considers
appropriate.
``(3) Best management practices.--The Secretary may
establish as an alternative method of compliance appropriate
ballast water best management practices to minimize the
introduction or establishment of aquatic nuisance species.
``(g) Geographically Limited Areas.--
``(1) In general.--Subsection (c) shall not apply to a
commercial vessel that--
``(A) operates exclusively within a geographically
limited area; or
``(B) operates pursuant to a geographic restriction
issued for the commercial vessel under section 3309 of
title 46, United States Code, or an equivalent
restriction, as determined by the Secretary, issued by
the country of registration of the commercial vessel.
``(2) Petition for determination by the secretary.--
``(A) Submission of petitions.--Following the date
of issuance of final regulations under subsection (b),
an owner or operator may petition the Secretary for a
determination under paragraph (1).
``(B) Determinations.--The Secretary shall approve
or deny a petition submitted by an owner or operator
under subparagraph (A).
``(C) Deadline.--If the Secretary does not approve
or deny a petition submitted by an owner or operator
under subparagraph (A) on or before the last day of the
90-day period beginning on the date of submission of
the petition, the petition shall be deemed approved.
``(3) Notification.--The Secretary shall notify the
Administrator and the Governor of each State the waters of
which could be affected by the discharge of ballast water from
a commercial vessel for which a petition has been granted under
paragraph (2) of the granting of any such petition.
``(4) Best management practices.--For a commercial vessel
for which a petition is granted under paragraph (2), the
Secretary shall require the owner or operator to implement
appropriate ballast water best management practices to minimize
the introduction or establishment of aquatic nuisance species.
``(h) Reception Facilities.--
``(1) In general.--An owner or operator shall discharge
ballast water in compliance with subsection (c) or (f) unless
discharging ballast water into--
``(A) an onshore facility for the reception of
ballast water that meets standards issued by the
Administrator, in consultation with the Secretary; or
``(B) an offshore facility for the reception of
ballast water that meets standards issued by the
Secretary, in consultation with the Administrator.
``(2) Issuance of standards.--Not later than 2 years after
the date of enactment of this section--
``(A) the Administrator, in consultation with the
Secretary, shall issue the standards referred to in
paragraph (1)(A); and
``(B) the Secretary, in consultation with the
Administrator, shall issue the standards referred to in
paragraph (1)(B).
``(3) Sole method of discharge.--The Secretary, in
consultation with the Administrator, and upon petition by an
owner or operator, may issue to an owner or operator a
certificate stating that a commercial vessel is in compliance
with the requirements of subsection (b)(1)(A) if discharging
ballast water into a facility meeting the standards issued
under this subsection is the sole method by which the owner or
operator discharges ballast water from the commercial vessel.
``(4) Ballast water management plans.--An owner or operator
discharging ballast water under this subsection shall discharge
such water in accordance with a ballast water management plan
approved under subsection (i).
``(i) Commercial Vessel Ballast Water Management Plan.--
``(1) In general.--An owner or operator shall discharge
ballast water in accordance with a ballast water management
plan that--
``(A) meets requirements prescribed by the
Secretary; and
``(B) is approved by the Secretary.
``(2) Foreign commercial vessels.--The Secretary may
approve a ballast water management plan for a foreign
commercial vessel on the basis of a certificate of compliance
issued by the country of registration of the commercial vessel
if the requirements of the government of that country for a
ballast water management plan are substantially equivalent to
regulations issued by the Secretary.
``(3) Recordkeeping.--
``(A) In general.--Except as provided by
subparagraph (B), an owner or operator shall maintain
in English and have available for inspection by the
Secretary a ballast water record book in which each
operation of the commercial vessel involving a ballast
water discharge is recorded in accordance with
regulations issued by the Secretary.
``(B) Alternative means of recordkeeping.--The
Secretary may provide for alternative methods of
recordkeeping, including electronic recordkeeping, to
comply with the requirements of this paragraph.
``(j) Regulation of Ballast Water Discharges.--Effective on and
after the date of enactment of this section--
``(1) the Administrator (or a State in the case of a permit
program approved under section 402) shall not require any new
permit or permit condition under section 402 for any discharge
of ballast water from a commercial vessel into navigable
waters; and
``(2) except as provided by subsection (k), a State or
political subdivision thereof shall not adopt or enforce any
law or regulation of the State or political subdivision with
respect to such a discharge.
``(k) State Authority.--
``(1) State programs.--The Governor of a State desiring to
administer its own inspection and enforcement authority for
ballast water discharges within its jurisdiction may submit to
the Secretary a complete description of the program the
Governor proposes to establish and administer under State law.
In addition, the Governor shall submit a statement from the
State attorney general that the laws of the State provide
adequate authority to carry out the described program.
``(2) Approval.--The Secretary, with the concurrence of the
Administrator, may approve a program of a State submitted under
paragraph (1) providing for the State's own inspection and
enforcement authority for ballast water discharges within its
jurisdiction, if the Secretary determines that the State
possesses adequate resources to--
``(A) inspect, monitor, and board a commercial
vessel at any time, including the taking and testing of
ballast water samples, to ensure the commercial
vessel's compliance with this section;
``(B) ensure that any ballast water discharged
within the waters subject to the jurisdiction of the
State meets the requirements of this section;
``(C) establish adequate procedures for reporting
violations of this section;
``(D) investigate and abate violations of this
section, including the imposition of civil and criminal
penalties consistent with subsection (o); and
``(E) ensure that the Secretary and the
Administrator receive notice of each violation of this
section in an expeditious manner.
``(3) Compliance.--Any State program approved under
paragraph (2) shall at all times be conducted in accordance
with this subsection.
``(4) Withdrawal of approval.--Whenever the Secretary, in
consultation with the Administrator, determines, after
providing notice and the opportunity for a public hearing, that
a State is not administering a program in accordance with the
terms of the program as approved under paragraph (2), the
Secretary shall notify the State, and, if appropriate
corrective action is not taken within a period of time not to
exceed 90 days, the Secretary, with the concurrence of the
Administrator, shall withdraw approval of the program. The
Secretary shall not withdraw approval of a program unless the
Secretary has first notified the State and made public, in
writing, the reasons for the withdrawal.
``(5) Limitation on statutory construction.--Nothing in
this subsection shall limit the authority of the Administrator
or the Secretary to carry out inspections of any commercial
vessel under subsection (n).
``(6) State laws.--Notwithstanding any other provision of
this section, a State may enact such laws as are necessary to
provide for the implementation of the State ballast water
inspection and enforcement program provided under this
subsection. The requirements for a ballast water inspection and
enforcement program contained in such State law shall be
substantively and procedurally equivalent to those required in
this section, and any requirements relating to recordkeeping,
reporting, and sampling or analysis contained in such State law
shall be substantively and procedurally equivalent to the
requirements of this section and its implementing regulations
and guidance.
``(l) Discharges Incidental to the Normal Operations of a
Commercial Vessel.--
``(1) Evaluation of incidental discharges.--
``(A) In general.--Not later than 3 years after the
date of enactment of this section, the Administrator,
in consultation with the Secretary, shall complete an
evaluation of discharges incidental to the normal
operation of a commercial vessel.
``(B) Factors.--In carrying out the evaluation, the
Administrator shall analyze--
``(i) the characterization of the various
types and composition of discharges incidental
to the normal operation of a commercial vessel
by different classes, types, and sizes of
commercial vessels;
``(ii) the volume of such discharges for
representative individual commercial vessels
and by classes, types, and sizes of commercial
vessels in the aggregate;
``(iii) the availability and feasibility of
implementing technologies or best management
practices for the control of such discharges;
``(iv) the characteristics of the receiving
waters of such discharges;
``(v) the nature and extent of potential
effects of such discharges on human health,
welfare, and the environment;
``(vi) the extent to which such discharges
are currently subject to and addressed by
regulations under existing Federal laws or
binding international obligations of the United
States; and
``(vii) any additional factor that the
Administrator considers appropriate.
``(2) Regulation of incidental discharges.--Effective on
and after the date of enactment of this section--
``(A) the Administrator (or a State in the case of
a permit program approved under section 402) shall not
require any new permit or permit conditions under
section 402 for any discharge incidental to the normal
operation of a commercial vessel; and
``(B) a State or political subdivision thereof
shall not adopt or enforce any law or regulation of the
State or political subdivision with respect to such a
discharge.
``(m) Effect on Vessel General Permit.--
``(1) Expiration.--Notwithstanding the expiration date set
forth in the Vessel General Permit, the Vessel General Permit
shall expire as follows:
``(A) The terms and conditions of section 6 of such
permit or any law of a State regulating the discharge
of ballast water or any discharge incidental to the
normal operation of a commercial vessel, upon the date
of enactment of this section.
``(B) For each commercial vessel, the terms and
conditions of such permit (except the terms and
conditions referred to in subparagraph (A)) applicable
to a discharge of ballast water--
``(i) on the date on which--
``(I) a ballast water treatment
technology certified under subsection
(e) is installed on the commercial
vessel;
``(II) an alternative method of
compliance established for the
commercial vessel under subsection (f)
is implemented for the commercial
vessel;
``(III) a petition is granted for
the commercial vessel under subsection
(g); or
``(IV) a certificate is issued for
the commercial vessel under subsection
(h); or
``(ii) in any case not described in clause
(i), on December 18, 2013.
``(2) Discharges incidental to the normal operation of
commercial vessels.--Notwithstanding the expiration date set
forth in the Vessel General Permit, the terms and conditions of
such permit (except the terms and conditions referred to in
paragraph (1)(A)) applicable to discharges incidental to the
normal operation of a commercial vessel shall remain in effect.
``(n) Inspections and Enforcement.--
``(1) In general.--
``(A) Coast guard enforcement.--The Secretary shall
enforce the requirements of this section and may
utilize by agreement, with or without reimbursement,
law enforcement officers or other personnel and
facilities of the Administrator, other Federal
agencies, and the States.
``(B) Environmental protection agency actions.--
Notwithstanding any enforcement decisions of the
Secretary under subparagraph (A), the Administrator may
use the authorities provided in sections 308, 309, 312,
and 504 whenever required to carry out this section.
``(2) Coast guard inspections.--The Secretary may carry out
inspections of any commercial vessel at any time, including the
taking of ballast water samples, to ensure compliance with this
section. The Secretary shall use all appropriate and practical
measures of detection and environmental monitoring of such
commercial vessels and shall establish adequate procedures for
reporting violations of this section and accumulating evidence
regarding such violations.
``(o) Compliance.--
``(1) Detention of commercial vessel.--The Secretary, by
notice to the owner or operator, may detain the commercial
vessel if the Secretary has reasonable cause to believe that
the commercial vessel does not comply with a requirement of
this section or is being operated in violation of such a
requirement.
``(2) Sanctions.--
``(A) Civil penalties.--
``(i) In general.--Any person who violates
this section shall be liable for a civil
penalty in an amount determined under clause
(ii). Each day of a continuing violation
constitutes a separate violation. A commercial
vessel operated in violation of this section is
liable in rem for any civil penalty assessed
for that violation.
``(ii) Penalty amounts.--The amount of a
civil penalty assessed under clause (i) shall
be determined as follows:
``(I) For vessels with a ballast
water capacity less than 1500 cubic
meters, not to exceed $25,000 for each
violation.
``(II) For vessels with a ballast
water capacity of 1500 cubic meters but
not more than 5,000 cubic meters, not
to exceed $28,750 for each violation.
``(III) For vessels with a ballast
water capacity greater than 5,000 cubic
meters, not to exceed $32,500 for each
violation.
``(B) Criminal penalties.--Any person who knowingly
violates this section shall be punished by a fine of
not less that $5,000 nor more than $50,000 per day of
violation, or by imprisonment for not more than 3
years, or both. If a conviction of a person is for a
violation committed after a first conviction of such
person under this paragraph, punishment shall be by a
fine of not more than $100,000 per day of violation, or
imprisonment of not more than 6 years, or both.
``(C) Revocation of clearance.--Upon request of the
Secretary, the Secretary of Homeland Security shall
withhold or revoke the clearance of a commercial vessel
required by section 60105 of title 46, United States
Code, if the owner or operator is in violation of this
section.
``(3) Enforcement actions.--
``(A) Administrative actions.--If the Secretary
finds that a person has violated this section, the
Secretary may assess a civil penalty for the violation.
In determining the amount of the civil penalty, the
Secretary shall take into account the nature,
circumstances, extent, and gravity of the prohibited
acts committed and, with respect to the violator, the
degree of culpability, any history of prior violations,
and such other matters as justice may require.
``(B) Civil actions.--At the request of the
Secretary, the Attorney General may bring a civil
action in an appropriate district court of the United
States to enforce this section. Any court before which
such an action is brought may award appropriate relief,
including temporary or permanent injunctions and civil
penalties.
``(4) Exclusion.--No person shall be found in violation of
this section whose commission of prohibited acts is found by
the Secretary to have been in the interest of ensuring the
safety of life at sea.
``(p) Regulation Under Other Sections of This Act.--This section
shall not affect the regulation of discharges from a commercial vessel
pursuant to section 311 or 312.''.
SEC. 703. DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF A COVERED
VESSEL.
(a) Discharges Incidental to the Normal Operation of a Covered
Vessel.--
(1) No permit required.--Section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342) is amended by adding at
the end the following:
``(s) Discharges Incidental to the Normal Operation of a Covered
Vessel.--No permit shall be required under this Act by the
Administrator (or a State, in the case of a permit program approved
under subsection (b)) for a discharge incidental to the normal
operation of a covered vessel (as defined in section 312(p)).''.
(2) Best management practices for covered vessels.--Section
312 of the Federal Water Pollution Control Act (33 U.S.C. 1342)
is amended by adding at the end the following:
``(p) Best Management Practices for Covered Vessels.--
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Covered vessel.--The term `covered vessel'
means every description of watercraft, or other
artificial contrivance used or capable of being used as
a means of transportation on water, that is engaged in
commercial service (as defined under section 2101 of
title 46, United States Code), and--
``(i) is less than 79 feet in length; or
``(ii) is a fishing vessel (as defined in
section 2101 of title 46, United States Code),
regardless of length of the vessel.
``(B) Discharge incidental to the normal operation
of a covered vessel.--The term `discharge incidental to
the normal operation of a covered vessel' means a
discharge incidental to the normal operation of a
commercial vessel (as defined in section 321), insofar
as the commercial vessel is a covered vessel.
``(2) Determination of discharges subject to best
management practices.--
``(A) Determination.--
``(i) In general.--The Administrator, in
consultation with the Secretary of the
department in which the Coast Guard is
operating, shall determine the discharges
incidental to the normal operation of a covered
vessel for which it is reasonable and
practicable to develop best management
practices to mitigate the adverse impacts of
such discharges on the waters of the United
States.
``(ii) Promulgation.--The Administrator
shall promulgate the determinations under
clause (i) in accordance with section 553 of
title 5, United States Code.
``(B) Considerations.--In making a determination
under subparagraph (A), the Administrator shall
consider--
``(i) the nature of the discharge;
``(ii) the environmental effects of the
discharge, including characteristics of the
receiving waters;
``(iii) the effectiveness of the best
management practice in reducing adverse impacts
of the discharge on water quality;
``(iv) the practicability of developing and
using a best management practice;
``(v) the effect that the use of a best
management practice would have on the
operation, operational capability, or safety of
the vessel;
``(vi) applicable Federal and State law;
``(vii) applicable international standards;
and
``(viii) the economic costs of the use of
the best management practice.
``(C) Timing.--The Administrator shall--
``(i) make initial determinations under
subparagraph (A) not later than 1 year after
the date of enactment of this subsection; and
``(ii) every 5 years thereafter--
``(I) review the determinations;
and
``(II) if necessary, revise the
determinations based on any new
information available to the
Administrator.
``(3) Regulations for the use of best management
practices.--
``(A) In general.--The Secretary of the department
in which the Coast Guard is operating, in consultation
with the Administrator, shall promulgate regulations on
the use of best management practices for discharges
incidental to the normal operation of a covered vessel
that the Administrator determines are reasonable and
practicable to develop under paragraph (2).
``(B) Regulations.--
``(i) In general.--The Secretary shall
promulgate the regulations under this paragraph
as soon as practicable after the Administrator
makes determinations pursuant to paragraph (2).
``(ii) Considerations.--In promulgating
regulations under this paragraph, the Secretary
may--
``(I) distinguish among classes,
types, and sizes of vessels;
``(II) distinguish between new and
existing vessels; and
``(III) provide for a waiver of the
applicability of the standards as
necessary or appropriate to a
particular class, type, age, or size of
vessel.
``(4) Effect of other laws.--This subsection shall not
affect the application of section 311 to a covered vessel.
``(5) Prohibition relating to covered vessels.--After the
effective date of the regulations promulgated by the Secretary
of the department in which the Coast Guard is operating under
paragraph (3), the owner or operator of a covered vessel shall
neither operate in, nor discharge any discharge incidental to
the normal operation of the vessel into navigable waters, if
the owner or operator of the vessel is not using any applicable
best management practice meeting standards established under
this subsection.''.
SEC. 704. CONFORMING AND TECHNICAL AMENDMENTS.
(a) Effluent Limitations.--Section 301(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1311(a)) is amended by inserting
``312, 321,'' after ``318,''.
(b) Review of Administrator's Actions.--The first sentence of
section 509(b)(1) of such Act (33 U.S.C. 1369(b)(1)) is amended--
(1) by striking ``and (G)'' and inserting ``(G)''; and
(2) by inserting after ``section 304(l),'' the following:
``and (H) in issuing any regulation or otherwise taking final
agency action under section 312 or 321,''.
SEC. 705. REGULATION OF BALLAST WATER AND INCIDENTAL DISCHARGES FROM A
COMMERCIAL VESSEL.
(a) In General.--Effective on the date of enactment of this Act,
the following discharges shall not be regulated in any manner other
than as specified in section 312 or 321 of the Federal Water Pollution
Control Act (as added by this title):
(1) A discharge incidental to the normal operation of a
commercial vessel.
(2) A discharge of ballast water from a commercial vessel.
(b) Definitions.--In this section, the terms ``ballast water'',
``commercial vessel'', and ``discharge incidental to the normal
operation of a commercial vessel'' have the meanings given those terms
in section 321(a) of the Federal Water Pollution Control Act (as added
by this title).
SEC. 706. NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL ACT OF
1990.
(a) Aquatic Nuisance Species in Waters of the United States.--
Effective on the date of issuance of final regulations under section
321(b) of the Federal Water Pollution Control Act (as added by this
title), section 1101 of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4711) is repealed.
(b) Relationship to Other Laws.--Effective on the date of enactment
of this Act, section 1205 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4725) is repealed.
SEC. 707. SPECIAL CONSIDERATION FOR VESSELS OF HISTORICAL SIGNIFICANCE.
(a) In General.--Notwithstanding any other provision of this title
or the amendments made by this title, a qualified vessel shall operate
for the life of the vessel under the terms and conditions of the Vessel
General Permit, as in effect on November 1, 2011, without regard to any
expiration dates in such permit.
(b) Definitions.--In this section:
(1) Qualified vessel.--A vessel is a qualified vessel for
purposes of subsection (a) if the vessel is, as of November 1,
2011--
(A) on, or nominated for inclusion on, the list of
National Historic Landmarks; and
(B) subject to part 5.3 of the Vessel General
Permit.
(2) Vessel general permit.--The term ``Vessel General
Permit'' has the definition given such term in section 321(a)
of the Federal Water Pollution Control Act, as added by section
702.
TITLE VIII--PIRACY
SEC. 801. SHORT TITLE.
This title may be cited as the ``Piracy Suppression Act of 2011''.
SEC. 802. REPORT ON ACTIONS TAKEN TO PROTECT FOREIGN-FLAGGED VESSELS
FROM PIRACY.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Defense, in consultation with the Secretary of the
department in which the Coast Guard is operating, shall provide to the
Committee on Armed Services and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Armed Service and the Committee on Commerce, Science, and
Transportation of the Senate a report on actions taken by the Secretary
of Defense to protect foreign-flagged vessels from acts of piracy on
the high seas. The report shall include--
(1) the total number of incidents for each of the fiscal
years 2008 through 2011 in which a member of the armed services
or an asset under the control of the Secretary of Defense was
used to interdict or defend against an act of piracy directed
against any vessel not documented under the laws of the United
States; and
(2) the total cost for each of the fiscal years 2008
through 2011 for such incidents.
SEC. 803. TRAINING PROGRAM FOR USE OF FORCE AGAINST PIRACY.
(a) In General.--Chapter 517 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 51705. Training program for use of force against piracy
``The Secretary of Transportation shall establish a training
program for United States mariners on the use of force against pirates.
The program shall include--
``(1) information on waters designated as high-risk waters
by the Commandant of the Coast Guard;
``(2) information on current threats and patterns of attack
by pirates;
``(3) tactics for defense of a vessel, including
instruction on the types, use, and limitations of security
equipment;
``(4) standard rules for the use of force for self defense
as developed by the Secretary of the department in which the
Coast Guard is operating under section 912(c) of the Coast
Guard Authorization Act of 2010 (Public Law 111-281; 46 U.S.C.
8107 note), including instruction on firearm safety for
crewmembers of vessels carrying cargo under section 55305 of
this title; and
``(5) procedures to follow to improve crewmember
survivability if captured and taken hostage by pirates.''.
(b) Deadline.--The Secretary of Transportation shall establish the
program required under the amendment made by subsection (a) by no later
than 180 days after the date of enactment of this Act.
(c) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the following new item:
``51705. Training program for use of force against piracy.''.
SEC. 804. SECURITY OF GOVERNMENT IMPELLED CARGO.
Section 55305 of title 46, United States Code, is amended by adding
at the end the following new subsection:
``(e) Security of Government Impelled Cargo.--
``(1) In order to assure the safety of vessels and
crewmembers transporting equipment, materials, or commodities
under this section, the Secretary of Transportation shall
direct each department or agency (except the Department of
Defense) responsible for the carriage of such equipment,
materials, or commodities to provide armed personnel aboard
vessels of the United States carrying such equipment,
materials, or commodities while transiting high-risk waters.
``(2) The Secretary of Transportation shall direct each
such department or agency to reimburse, subject to the
availability or appropriations, the owners or operators of such
vessels for the cost of providing armed personnel.
``(3) For the purposes of this subsection, the term `high-
risk waters' means waters so designated by the Commandant of
the Coast Guard in the Port Security Advisory in effect on the
date on which the voyage begins.''.
SEC. 805. GAO STUDY.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall report to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate on efforts to track ransom payments paid to pirates operating in
the waters off Somalia and improve the prosecution of such pirates. The
report shall include--
(1) the status of Working Group 5 of the Contact Group on
Piracy Off the Somali Coast, any efforts undertaken by the
Working Group, and recommendations for improving the Working
Group's effectiveness;
(2) efforts undertaken by the United States Government to
implement and enforce Executive Order 13536, including
recommendations on how to better implement that order to
suppress piracy;
(3) efforts undertaken by the United States Government to
track ransom payments made to pirates operating off the coast
of Somalia, the effectiveness of those efforts, any operational
actions taken based off those efforts, and recommendations on
how to improve such tracking;
(4) actions taken by the United States Government to
improve the international prosecution of pirates captured off
the coast of Somalia; and
(5) an update on the United States Government's efforts to
implement the recommendation contained in General
Accountability Office report GAO-10-856, entitled ``Maritime
Security: Actions Needed to Assess and Update Plan and Enhance
Collaboration among Partners Involved in Countering Piracy off
the Horn of Africa'', that metrics should be established for
measuring the effectiveness of counter piracy efforts.
Passed the House of Representatives November 15, 2011.
Attest:
KAREN L. HAAS,
Clerk.