[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2838 Reported in House (RH)]
Union Calendar No. 150
112th CONGRESS
1st Session
H. R. 2838
[Report No. 112-229]
To authorize appropriations for the Coast Guard for fiscal years 2012
through 2015, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 2, 2011
Mr. LoBiondo (for himself and Mr. Mica) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
October 3, 2011
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
September 2, 2011]
_______________________________________________________________________
A BILL
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.
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.
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.
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 one 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.
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 notification required under section 219 of the
Coast Guard Authorization Act of 2010 (Public Law 111-281; 124
Stat. 2918).
(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; and
``(3) coordinate policies among Federal agencies 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) Recourse for Nonresident Alien Seamen 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.''.
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, $22,100,000.''.
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(d) of the Coast Guard and Maritime Transportation Act
of 2006 (Public Law 109-241; 120 Stat. 548) is amended 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''.
Union Calendar No. 150
112th CONGRESS
1st Session
H. R. 2838
[Report No. 112-229]
_______________________________________________________________________
A BILL
To authorize appropriations for the Coast Guard for fiscal years 2012
through 2015, and for other purposes.
_______________________________________________________________________
October 3, 2011
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed