[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.