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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 Sep 2, 2011 (Introduced).


I

112th CONGRESS

1st Session

H. R. 2838

IN THE HOUSE OF REPRESENTATIVES

September 2, 2011

(for himself and Mr. Mica) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL

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.

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.

Title IV—Shipping and Navigation

Sec. 401. Committee on the Marine Transportation System.

Sec. 402. Report on determinations.

Sec. 403. Dockside examinations.

Sec. 404. Investigation of marine casualties.

Sec. 405. Recourse for noncitizens.

Sec. 406. Maritime liens on fishing permits.

Sec. 407. Short sea transportation.

Sec. 408. Mission of the Maritime Administration.

Title V—Federal Maritime Commission

Sec. 501. Authorization of appropriations.

Title VI—Miscellaneous

Sec. 601. Technical corrections.

Sec. 602. Report on Coast Guard merchant mariner medical evaluation program.

Sec. 603. Notice of arrival.

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 inserting 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 one location.

(2)

No later than 90 days after the end of each fiscal year, the Secretary shall submit, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report on each project undertaken during the course of the preceding fiscal year, for which the amount expended under paragraph (1) exceeded $500,000.

.

(b)

Clerical amendment

(1)

Section 656 of title 14, United States Code, is further amended in the heading by inserting before the period 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.

III

Coast Guard Reform

301.

Repeals

(a)

District Ombudsman

Section 55 of title 14, United State 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

The Commandant may not acquire a sixth national security cutter on any date before which the Commandant—

(1)

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 October 20, 2010;

(2)

has acquired a sufficient number of Long Range Interceptor II and Cutter Boat Over the Horizon IV small boats for each of the first five national security cutters;

(3)

has achieved the goal of 225 days away from homeport for each of the first three national security cutters; and

(4)

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)

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 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 (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 inserting and aliens lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(20)), after possessions,.

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 forward operating bases in the high latitude regions; and

(3)

an assessment of shore infrastructure, personnel, logistics, communications, and resources requirements to support Coast Guard forward operating bases in the high latitude regions.

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.

.

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; and

(3)

coordinate policies among Federal agencies to promote an efficient marine transportation system.

(c)

Membership

(1)

In general

The Committee shall consist of the Secretary of Transportation, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Commerce, the Secretary of the Treasury, the Secretary of State, the Secretary of the Interior, the Secretary of Agriculture, the Attorney General, the Secretary of Labor, the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Chairman of the Federal Maritime Commission, and the head of any other Federal agency that the Committee Chair, with the approval of a majority of the voting members of the Committee, determines can further the purpose and activities of the Committee.

(2)

Ex-officio members

The Committee may also consist of so many nonvoting members as the Committee Chair, with the approval of a majority of the voting members of the Committee, determines is appropriate to further the purpose and activities of the Committee.

(3)

Chairman

The Chair of the Committee shall rotate each year among the Secretary of Transportation, the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Commerce. The order of rotation shall be determined with the approval of a majority of the voting members of the Committee.

(d)

Support

(1)

Coordinating board

Each member of the Committee may select a senior level representative to serve on a coordinating board which shall assist the Committee in carrying out its purpose and activities.

(2)

Executive director

The Secretary of Transportation, in consultation with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Commerce, shall select an executive director to assist the Committee in carrying out its purpose and activities.

(e)

Marine transportation system assessment and strategy

Not later than one year after the date of enactment of this Act and every 5 years thereafter, the Committee shall provide a report to Congress which includes—

(1)

steps taken to implement actions recommended in the July 2008 National Strategy for the Marine Transportation System: A Framework for Action;

(2)

an assessment of the condition of the marine transportation system;

(3)

a discussion of the challenges the system faces in meeting user demand;

(4)

a plan with recommended actions for improving the marine transportation system to meet current and future challenges; and

(5)

steps taken to implement actions recommended in previous reports required under this subsection.

(f)

Consultation

In carrying out its purpose and activities, the Committee may consult with the Marine Transportation System National Advisory Council, interested parties, and the public.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 31309 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.

Investigation of marine casualties

Section 6301 of title 46, United States Code, is amended by striking The Secretary shall prescribe regulations for the immediate investigation of and inserting The Secretary shall investigate.

405.

Recourse for noncitizens

Section 30104 of title 46, United States Code, is amended—

(1)

by inserting (a) In general.— before the first sentence; and

(2)

by adding at the end the following new subsection:

(b)

Recourse for nonresident alien seamen employed on foreign passenger vessels

A claim for damages or expenses relating to personal injury, illness, or death of a seaman who is a citizen of a foreign nation, arising during or from the engagement of the seaman by or for a passenger vessel duly registered under the laws of a foreign nation, may not be brought under the laws of the United States if—

(1)

such seaman was not a permanent resident alien of the United States at the time the claim arose;

(2)

the injury, illness, or death occurred on the high seas or in the territorial waters of a nation other than 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.

.

406.

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.

.

407.

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—.

408.

Mission of the Maritime Administration

Section 109(a) of title 49, United States Code, is amended—

(1)

in the section 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..

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, $22,100,000..

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.