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H.R. 2838 (112th): Coast Guard and Maritime Transportation Act of 2012


The text of the bill below is as of Nov 15, 2011 (Passed the House).


I

112th CONGRESS

1st Session

H. R. 2838

IN THE HOUSE OF REPRESENTATIVES

AN ACT

To authorize appropriations for the Coast Guard for fiscal years 2012 through 2015, and for other purposes.

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.

I

Authorization

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.
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.

II

Coast Guard and Servicemember Parity

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.

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:

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.

.

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.

.

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..

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:

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.

.

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..

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.

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:

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.

.

III

Coast Guard Reform

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.

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.

.

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:

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.

.

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:

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).

305.

Environmental compliance and restoration backlog

(a)

In general

Section 693 of title 14, United States Code, is amended to read as follows:

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.

.

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))),.

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).

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.

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.

.

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.

IV

Shipping and Navigation

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:

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.

.

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.

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.

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.

.

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:

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.

.

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—.

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..

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.

.

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:

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.

.

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.

.

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.

.

V

Federal Maritime Commission

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..

VI

Miscellaneous

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:

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.

.

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.

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.

604.

Technical corrections to title 14

Chapter 1 of title 14, United States Code, is amended to read as follows:

1

Establishment and duties

Sec.

1. Establishment of Coast Guard.

2. Primary duties.

3. Department in which the Coast Guard operates.

4. Secretary defined.

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.

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.

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.

4.

Secretary defined

In this title, the term Secretary means the Secretary of the respective department in which the Coast Guard is operating.

.

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.

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.

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.

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:

807

Standby vessels

Sec.

80701. Standby vessels.

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 vessels80701

.

(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.

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.

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.

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.

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.

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:

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.

.

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).

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.

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.

VII

Commercial Vessel Discharges Reform

701.

Short title

This title may be cited as the Commercial Vessel Discharges Reform Act of 2011.

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:

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.

.

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.

.

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,.

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).

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.

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.

VIII

Piracy

801.

Short title

This title may be cited as the Piracy Suppression Act of 2011.

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.

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:

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.

.

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.

.

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.

Karen L. Haas,

Clerk.