I 

113TH CONGRESS 

2D SESSION H. R. 4005 

To authorize appropriations for the Coast Guard for fiscal years 2015 and 

2016, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2014 

Mr. HUNTER (for himself, Mr. SHUSTER, and Mr. RAHALL) 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 2015 and 2016, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Coast Guard and Maritime Transportation Act of 2014’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

Sec. 102. Authorized levels of military strength and training. 


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TITLE II—COAST GUARD 

Sec. 201. Commissioned officers. 

Sec. 202. Prevention and response workforces. 

Sec. 203. Centers of expertise. 

Sec. 204. Agreements. 

Sec. 205. Coast Guard housing. 

Sec. 206. Determinations. 

Sec. 207. Annual Board of Visitors. 

Sec. 208. Repeal of limitation on medals of honor. 

Sec. 209. Mission need statement. 

Sec. 210. Transmission of annual Coast Guard authorization request. 

Sec. 211. Inventory of real property. 

Sec. 212. Active duty for emergency augmentation of regular forces. 

Sec. 213. Acquisition workforce expedited hiring authority. 

Sec. 214. Icebreakers. 

Sec. 215. Multiyear procurement authority for Offshore Patrol Cutters. 

Sec. 216. Maintaining Medium Endurance Cutter mission capability. 

Sec. 217. Coast Guard administrative savings. 

Sec. 218. Technical corrections to title 14. 

TITLE III—SHIPPING AND NAVIGATION 

Sec. 301. Treatment of fishing permits. 

Sec. 302. International ice patrol reform. 

Sec. 303. Repeal. 

Sec. 304. Donation of historical property. 

Sec. 305. Small shipyards. 

Sec. 306. Drug testing reporting. 

Sec. 307. Recourse for noncitizens. 

Sec. 308. Penalty wages. 

Sec. 309. Crediting time in the sea services. 

Sec. 310. Treatment of abandoned seafarers. 

Sec. 311. Clarification of high-risk waters. 

Sec. 312. Uninspected passenger vessels in the Virgin Islands. 

Sec. 313. Offshore supply vessel third-party inspection. 

Sec. 314. Survival craft. 

Sec. 315. Technical correction to title 46. 

TITLE IV—FEDERAL MARITIME COMMISSION 

Sec. 401. Authorization of appropriations. 

Sec. 402. Terms of Commissioners. 

TITLE V—COMMERCIAL VESSEL DISCHARGE REFORM 

Sec. 501. Short title. 

Sec. 502. Discharges incidental to the normal operation of certain vessels. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Distant water tuna fleet. 

Sec. 602. Vessel determination. 

Sec. 603. Lease authority. 

Sec. 604. National maritime strategy. 

Sec. 605. IMO Polar Code negotiations. 

Sec. 606. Valley View Ferry. 


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Sec. 607. Competition by United States flag vessels. 

Sec. 608. Survey. 

1 TITLE I—AUTHORIZATION 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 Funds are authorized to be appropriated for each of 

4 fiscal years 2015 and 2016 for necessary expenses of the 

5 Coast Guard as follows: 

6 (1) For the operation and maintenance of the 

7 Coast Guard— 

8 (A) $6,981,036,000 for fiscal year 2015; 

9 and 

10 (B) $6,981,036,000 for fiscal year 2016. 

11 (2) For the acquisition, construction, rebuild12 ing, and improvement of aids to navigation, shore 

13 and offshore facilities, vessels, and aircraft, includ14 ing equipment related thereto— 

15 (A) $1,546,448,000 for fiscal year 2015; 

16 and 

17 (B) $1,546,448,000 for fiscal year 2016; 

18 to remain available until expended. 

19 (3) For the Coast Guard Reserve program, in20 cluding personnel and training costs, equipment, and 

21 services— 

22 (A) $140,016,000 for fiscal year 2015; and 

23 (B) $140,016,000 for fiscal year 2016. 


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1 (4) For environmental compliance and restora2 tion of Coast Guard vessels, aircraft, and facilities 

3 (other than parts and equipment associated with op4 eration and maintenance)— 

5 (A) $16,701,000 for fiscal year 2015; and 

6 (B) $16,701,000 for fiscal year 2016; 

7 to remain available until expended. 

8 (5) To the Commandant of the Coast Guard for 

9 research, development, test, and evaluation of tech10 nologies, materials, and human factors directly re11 lated to improving the performance of the Coast 

12 Guard’s mission with respect to search and rescue, 

13 aids to navigation, marine safety, marine environ14 mental protection, enforcement of laws and treaties, 

15 ice operations, oceanographic research, and defense 

16 readiness— 

17 (A) $19,890,000 for fiscal year 2015; and 

18 (B) $19,890,000 for fiscal year 2016. 

19 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

20 AND TRAINING. 

21 (a) ACTIVE DUTY STRENGTH.—The Coast Guard is 

22 authorized an end-of-year strength for active duty per23 sonnel of 43,000 for each of fiscal years 2015 and 2016. 

24 (b) MILITARY TRAINING STUDENT LOADS.—The 

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1 dent loads for each of fiscal years 2015 and 2016 as fol2 lows: 

3 (1) For recruit and special training, 2,500 stu4 dent years. 

5 (2) For flight training, 165 student years. 

6 (3) For professional training in military and ci7 vilian institutions, 350 student years. 

8 (4) For officer acquisition, 1,200 student years. 

9 TITLE II—COAST GUARD 

10 SEC. 201. COMMISSIONED OFFICERS. 

11 Section 42(a) of title 14, United States Code, is 

12 amended by striking ‘‘7,200’’ and inserting ‘‘6,700’’. 

13 SEC. 202. PREVENTION AND RESPONSE WORKFORCES. 

14 Section 57 of title 14, United States Code, is amend15 ed— 

16 (1) in subsection (b)— 

17 (A) in paragraph (2) by striking ‘‘or’’ at 

18 the end; 

19 (B) in paragraph (3) by striking the period 

20 at the end and inserting a semicolon; and 

21 (C) by adding at the end the following: 

22 ‘‘(4) waterways operations manager shall have 

23 knowledge, skill, and practical experience with re24 spect to marine transportation system management; 

25 or 


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1 ‘‘(5) port and facility safety and security spe2 cialist shall have knowledge, skill, and practical ex3 perience with respect to the safety, security, and en4 vironmental protection responsibilities associated 

5 with maritime ports and facilities.’’; 

6 (2) in subsection (c) by striking ‘‘or marine 

7 safety engineer’’ and inserting ‘‘marine safety engi8 neer, waterways operations manager, or port and fa9 cility safety and security specialist’’; and 

10 (3) in subsection (f)(2) by striking ‘‘investigator 

11 or marine safety engineer.’’ and inserting ‘‘investi12 gator, marine safety engineer, waterways operations 

13 manager, or port and facility safety and security 

14 specialist.’’. 

15 SEC. 203. CENTERS OF EXPERTISE. 

16 Section 58(b) of title 14, United States Code, is 

17 amended to read as follows: 

18 ‘‘(b) MISSIONS.—Any center established under sub19 section (a) may— 

20 ‘‘(1) promote, facilitate, and conduct— 

21 ‘‘(A) education; 

22 ‘‘(B) training; and 

23 ‘‘(C) activities authorized under section 

24 93(a)(4); and 


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1 ‘‘(2) be a repository of information on oper2 ations, practices, and resources related to the mis3 sion for which the center was established.’’. 

4 SEC. 204. AGREEMENTS. 

5 (a) IN GENERAL.—Section 93(a)(4) of title 14, 

6 United States Code, is amended— 

7 (1) by striking ‘‘, investigate’’ and inserting 

8 ‘‘and investigate’’; and 

9 (2) by striking ‘‘, and cooperate and coordinate 

10 such activities with other Government agencies and 

11 with private agencies’’. 

12 (b) AUTHORITY.—Chapter 5 of title 14, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘§ 102. Agreements 

16 ‘‘(a) IN GENERAL.—In carrying out section 93(a)(4), 

17 the Commandant may— 

18 ‘‘(1) enter into cooperative agreements, con19 tracts, and other agreements with Federal entities 

20 and other public or private entities, including aca21 demic entities; and 

22 ‘‘(2) impose on and collect from an entity sub23 ject to an agreement or contract under paragraph 

24 (1) a fee to assist with expenses incurred in carrying 

25 out such section. 


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1 ‘‘(b) DEPOSIT AND USE OF FEES.—Fees collected 

2 under this section shall be deposited in the general fund 

3 of the Treasury as offsetting receipts. The fees may be 

4 used, to the extent provided in advance in an appropria5 tion law, only to carry out activities under section 

6 93(a)(4).’’. 

7 (c) CLERICAL AMENDMENT.—The analysis for chap8 ter 5 of title 14, United States Code, is amended by add9 ing at the end the following: 

‘‘102. Agreements.’’. 

10 SEC. 205. COAST GUARD HOUSING. 

11 (a) COMMANDANT; GENERAL POWERS.—Section 

12 93(a)(13) of title 14, United States Code, is amended by 

13 striking ‘‘the Treasury’’ and inserting ‘‘the fund estab14 lished under section 687’’. 

15 (b) LIGHTHOUSE PROPERTY.—Section 672a(b) of 

16 title 14, United States Code, is amended by striking ‘‘the 

17 Treasury’’ and inserting ‘‘the fund established under sec18 tion 687’’. 

19 (c) CONFORMING AMENDMENT.—Section 687(b) of 

20 title 14, United States Code, is amended by adding at the 

21 end the following: 

22 ‘‘(4) Monies received under section 93(a)(13). 

23 ‘‘(5) Amounts received under section 672a(b).’’. 


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1 SEC. 206. DETERMINATIONS. 

2 (a) IN GENERAL.—Chapter 5 of title 14, United 

3 States Code, as amended by this Act, is further amended 

4 by adding at the end the following: 

5 ‘‘§ 103. Determinations 

6 ‘‘The Secretary may only make a determination that 

7 a waterway, or any portion thereof, is navigable for pur8 poses of the jurisdiction of the Coast Guard through a 

9 rulemaking that is conducted in a manner consistent with 

10 subchapter II of chapter 5 of title 5.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for chap12 ter 5 of title 14, United States Code, as amended by this 

13 Act, is further amended by adding at the end the fol14 lowing: 

‘‘103. Determinations.’’. 

15 SEC. 207. ANNUAL BOARD OF VISITORS. 

16 Section 194 of title 14, United States Code, is 

17 amended to read as follows: 

18 ‘‘§ 194. Annual Board of Visitors 

19 ‘‘(a) IN GENERAL.—A Board of Visitors to the Coast 

20 Guard Academy is established to review and make rec21 ommendations on the operation of the Academy. 

22 ‘‘(b) MEMBERSHIP.— 

23 ‘‘(1) IN GENERAL.—The membership of the 

24 Board shall consist of the following: 


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1 ‘‘(A) The chairman of the Committee on 

2 Commerce, Science, and Transportation of the 

3 Senate, or the chairman’s designee. 

4 ‘‘(B) The chairman of the Committee on 

5 Transportation and Infrastructure of the House 

6 of Representatives, or the chairman’s designee. 

7 ‘‘(C) 3 Members of the Senate designated 

8 by the Vice President. 

9 ‘‘(D) 4 Members of the House of Rep10 resentatives designated by the Speaker of the 

11 House of Representatives. 

12 ‘‘(E) 6 individuals designated by the Presi13 dent. 

14 ‘‘(2) LENGTH OF SERVICE.— 

15 ‘‘(A) MEMBERS OF CONGRESS.—A Member 

16 of Congress designated under subparagraph (C) 

17 or (D) of paragraph (1) as a member of the 

18 Board shall be designated as a member in the 

19 First Session of a Congress and serve for the 

20 duration of that Congress. 

21 ‘‘(B) INDIVIDUALS DESIGNATED BY THE

22 PRESIDENT.—Each individual designated by the 

23 President under subparagraph (E) of para24 graph (1) shall serve as a member of the Board 

25 for 3 years, except that any such member whose 


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1 term of office has expired shall continue to 

2 serve until a successor is appointed. 

3 ‘‘(3) DEATH OR RESIGNATION OF A MEMBER.— 

4 If a member of the Board dies or resigns, a suc5 cessor shall be designated for any unexpired portion 

6 of the term of the member by the official who des7 ignated the member. 

8 ‘‘(c) ACADEMY VISITS.— 

9 ‘‘(1) ANNUAL VISIT.—The Board shall visit the 

10 Academy annually to review the operation of the 

11 Academy. 

12 ‘‘(2) ADDITIONAL VISITS.—With the approval 

13 of the Secretary, the Board or individual members 

14 of the Board may make other visits to the Academy 

15 in connection with the duties of the Board or to con16 sult with the Superintendent of the Academy. 

17 ‘‘(d) SCOPE OF REVIEW.—The Board shall review, 

18 with respect to the Academy— 

19 ‘‘(1) the state of morale and discipline; 

20 ‘‘(2) the curriculum; 

21 ‘‘(3) instruction; 

22 ‘‘(4) physical equipment; 

23 ‘‘(5) fiscal affairs; and 

24 ‘‘(6) other matters relating to the Academy that 

25 the Board determines appropriate. 


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1 ‘‘(e) REPORT.—Not later than 60 days after the date 

2 of an annual visit of the Board under subsection (c)(1), 

3 the Board shall submit to the Secretary, the Committee 

4 on Commerce, Science, and Transportation of the Senate, 

5 and the Committee on Transportation and Infrastructure 

6 of the House of Representatives a report on the actions 

7 of the Board during such visit and the recommendations 

8 of the Board pertaining to the Academy. 

9 ‘‘(f) ADVISORS.—If approved by the Secretary, the 

10 Board may consult with advisors in carrying out this sec11 tion. 

12 ‘‘(g) REIMBURSEMENT.—Each member of the Board 

13 and each adviser consulted by the Board under subsection 

14 (f) shall be reimbursed, to the extent permitted by law, 

15 by the Coast Guard for actual expenses incurred while en16 gaged in duties as a member or adviser.’’. 

17 SEC. 208. REPEAL OF LIMITATION ON MEDALS OF HONOR. 

18 Section 494 of title 14, United States Code, is 

19 amended by striking ‘‘medal of honor,’’ each place that 

20 it appears. 

21 SEC. 209. MISSION NEED STATEMENT. 

22 (a) IN GENERAL.—Section 569 of title 14, United 

23 States Code, is amended to read as follows: 


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1 ‘‘§ 569. Mission need statement 

2 ‘‘(a) IN GENERAL.—On the date on which the Presi3 dent submits to Congress a budget for fiscal year 2016 

4 under section 1105 of title 31, on the date on which the 

5 President submits to Congress a budget for fiscal year 

6 2019 under such section, and every 4 years thereafter, the 

7 Commandant shall submit to the Committee on Transpor8 tation and Infrastructure of the House of Representatives 

9 and the Committee on Commerce, Science, and Transpor10 tation of the Senate an integrated major acquisition mis11 sion need statement. 

12 ‘‘(b) DEFINITIONS.—In this section, the following 

13 definitions apply: 

14 ‘‘(1) INTEGRATED MAJOR ACQUISITION MISSION

15 NEED STATEMENT.—The term ‘integrated major ac16 quisition mission need statement’ means a document 

17 that— 

18 ‘‘(A) identifies current and projected gaps 

19 in Coast Guard mission capabilities using mis20 sion hour targets; 

21 ‘‘(B) explains how each major acquisition 

22 program addresses gaps identified under sub23 paragraph (A) if funded at the levels provided 

24 for such program in the most recently sub25 mitted capital investment plan; and 


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1 ‘‘(C) describes the missions the Coast 

2 Guard will not be able to achieve, by fiscal year, 

3 for each gap identified under subparagraph (A). 

4 ‘‘(2) MAJOR ACQUISITION PROGRAM.—The term 

5 ‘major acquisition program’ has the meaning given 

6 that term in section 569a(e). 

7 ‘‘(3) CAPITAL INVESTMENT PLAN.—The term 

8 ‘capital investment plan’ means the plan required 

9 under section 663(a)(1).’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 15 of title 14, United States Code, is amended by 

12 striking the item relating to section 569 and inserting the 

13 following: 

‘‘569. Mission need statement.’’. 

14 SEC. 210. TRANSMISSION OF ANNUAL COAST GUARD AU15 THORIZATION REQUEST. 

16 (a) IN GENERAL.—Title 14, United States Code, as 

17 amended by this Act, is further amended by inserting after 

18 section 662 the following: 

19 ‘‘§ 662a. Transmission of annual Coast Guard author20 ization request 

21 ‘‘(a) IN GENERAL.—Not later than 30 days after the 

22 date on which the President submits to Congress a budget 

23 for a fiscal year pursuant to section 1105 of title 31, the 

24 Secretary shall submit to the Committee on Transpor25 tation and Infrastructure of the House of Representatives 


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1 and the Committee on Commerce, Science, and Transpor2 tation of the Senate a Coast Guard authorization request 

3 with respect to such fiscal year. 

4 ‘‘(b) COAST GUARD AUTHORIZATION REQUEST DE5 FINED.—In this section, the term ‘Coast Guard authoriza6 tion request’ means a proposal for legislation that, with 

7 respect to the Coast Guard for the relevant fiscal year— 

8 ‘‘(1) recommends end strengths for personnel 

9 for that fiscal year, as described in section 661; 

10 ‘‘(2) recommends authorizations of appropria11 tions for that fiscal year, including with respect to 

12 matters described in section 662; and 

13 ‘‘(3) addresses any other matter that the Sec14 retary determines is appropriate for inclusion in a 

15 Coast Guard authorization bill.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for chap17 ter 17 of title 14, United States Code, is amended by in18 serting after the item relating to section 662 the following: 

‘‘662a. Transmission of annual Coast Guard authorization request.’’. 

19 SEC. 211. INVENTORY OF REAL PROPERTY. 

20 (a) IN GENERAL.—Chapter 17 of title 14, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

23 ‘‘§ 679. Inventory of real property 

24 ‘‘(a) IN GENERAL.—Not later than September 30, 

25 2014, the Commandant shall establish an inventory of all 


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1 real property, including submerged lands, under the con2 trol of the Coast Guard, which shall include— 

3 ‘‘(1) the size, the location, and any other appro4 priate description of each unit of such property; 

5 ‘‘(2) an assessment of the physical condition of 

6 each unit of such property, excluding lands; 

7 ‘‘(3) an estimate of the fair market value of 

8 each unit of such property; 

9 ‘‘(4) a determination of whether each unit of 

10 such property should be— 

11 ‘‘(A) retained to fulfill a current or pro12 jected Coast Guard mission requirement; or 

13 ‘‘(B) subject to divestiture; and 

14 ‘‘(5) other information the Commandant con15 siders appropriate. 

16 ‘‘(b) INVENTORY MAINTENANCE.—The Commandant 

17 shall— 

18 ‘‘(1) maintain the inventory required under sub19 section (a) on an ongoing basis; and 

20 ‘‘(2) update information on each unit of real 

21 property included in such inventory not later than 

22 30 days after any change relating to such property. 

23 ‘‘(c) RECOMMENDATIONS TO CONGRESS.—Not later 

24 than March 30, 2015, and every 5 years thereafter, the 

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1 tation and Infrastructure of the House of Representatives 

2 and the Committee on Commerce, Science, and Transpor3 tation of the Senate a report that includes— 

4 ‘‘(1) a list of all real property under the control 

5 of the Coast Guard and the location of such prop6 erty by property type; 

7 ‘‘(2) recommendations for divestiture with re8 spect to any units of such property, including an es9 timate of— 

10 ‘‘(A) the fair market value of any property 

11 recommended for divestiture; and 

12 ‘‘(B) the costs or savings associated with 

13 divestiture; and 

14 ‘‘(3) recommendations for consolidating any 

15 units of such property, including— 

16 ‘‘(A) an estimate of the costs or savings 

17 associated with each recommended consolida18 tion; and 

19 ‘‘(B) a discussion of the impact that such 

20 consolidation would have on Coast Guard mis21 sion effectiveness.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for chap23 ter 17 of title 14, United States Code, as amended by this 

24 Act, is further amended by adding at the end the fol25 lowing: 

‘‘679. Inventory of real property.’’. 


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1 SEC. 212. ACTIVE DUTY FOR EMERGENCY AUGMENTATION 

2 OF REGULAR FORCES. 

3 Section 712(a) of title 14, United States Code, is 

4 amended by striking ‘‘not more than 60 days in any 4- 

5 month period and’’. 

6 SEC. 213. ACQUISITION WORKFORCE EXPEDITED HIRING 

7 AUTHORITY. 

8 Section 404(b) of the Coast Guard Authorization Act 

9 of 2010 (Public Law 111–281; 124 Stat. 2951) is amend10 ed by striking ‘‘2015’’ and inserting ‘‘2017’’. 

11 SEC. 214. ICEBREAKERS. 

12 (a) COAST GUARD POLAR ICEBREAKERS.—Section 

13 222 of the Coast Guard and Maritime Transportation Act 

14 of 2012 (Public Law 112–213; 126 Stat. 1560) is amend15 ed— 

16 (1) in subsection (d)(2)— 

17 (A) in the paragraph heading by striking 

18 ‘‘; BRIDGING STRATEGY’’; and 

19 (B) by striking ‘‘Commandant of the Coast 

20 Guard’’ and all that follows through the period 

21 at the end and inserting ‘‘Commandant of the 

22 Coast Guard may decommission the Polar 

23 Sea.’’; 

24 (2) by adding at the end of subsection (d) the 

25 following: 


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1 ‘‘(3) RESULT OF NO DETERMINATION.—If in 

2 the analysis submitted under this section the Sec3 retary does not make a determination under sub4 section (a)(5) regarding whether it is cost-effective 

5 to reactivate the Polar Sea, then— 

6 ‘‘(A) the Commandant of the Coast Guard 

7 may decommission the Polar Sea; or 

8 ‘‘(B) the Secretary may make such deter9 mination, not later than 90 days after the date 

10 of enactment of this paragraph, and take ac11 tions in accordance with this subsection as 

12 though such determination was made in the 

13 analysis previously submitted.’’; 

14 (3) by redesignating subsections (e), (f), and 

15 (g) as subsections (f), (g), and (h), respectively; and 

16 (4) by inserting after subsection (d) the fol17 lowing: 

18 ‘‘(e) STRATEGIES.— 

19 ‘‘(1) IN GENERAL.—Not later than 180 days 

20 after the date on which the analysis required under 

21 subsection (a) is submitted, the Commandant of the 

22 Coast Guard shall submit to the Committee on 

23 Transportation and Infrastructure of the House of 

24 Representatives and the Committee on Commerce, 

25 Science, and Transportation of the Senate— 


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1 ‘‘(A) a strategy to meet the Coast Guard’s 

2 Arctic ice operations needs through September 

3 30, 2050; and 

4 ‘‘(B) unless the Secretary makes a deter5 mination under this section that it is cost-effec6 tive to reactivate the Polar Sea, a bridging 

7 strategy for maintaining the Coast Guard’s 

8 polar icebreaking services until at least Sep9 tember 30, 2024. 

10 ‘‘(2) REQUIREMENT.—The strategies required 

11 under paragraph (1) shall include a business case 

12 analysis comparing the leasing and purchasing of 

13 icebreakers to maintain the needs and services de14 scribed in that paragraph.’’. 

15 (b) LIMITATION.— 

16 (1) IN GENERAL.—During fiscal years 2015 

17 through 2024, the Secretary of the department in 

18 which the Coast Guard is operating may not expend 

19 amounts appropriated to the Coast Guard for de20 sign, long-lead-time materials, production, and post21 delivery activities related to a Polar-Class Icebreaker 

22 if such amounts would be expended on a capability 

23 of the Icebreaker that is based on an operational re24 quirement of another Federal department or agency. 


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1 (2) OTHER AMOUNTS.—Amounts made avail2 able to the Secretary under an agreement with an3 other Federal department or agency and expended 

4 on a capability of a Polar-Class Icebreaker that is 

5 based on an operational requirement of that Federal 

6 department or agency shall not be treated as 

7 amounts expended by the Secretary for purposes of 

8 the limitation established under paragraph (1). 

9 SEC. 215. MULTIYEAR PROCUREMENT AUTHORITY FOR 

10 OFFSHORE PATROL CUTTERS. 

11 In fiscal year 2015 and each fiscal year thereafter, 

12 the Secretary of the department in which the Coast Guard 

13 is operating may enter into, in accordance with section 

14 2306b of title 10, United States Code, multiyear contracts 

15 for the procurement of Offshore Patrol Cutters and associ16 ated equipment. 

17 SEC. 216. MAINTAINING MEDIUM ENDURANCE CUTTER MIS18 SION CAPABILITY. 

19 Not later than 30 days after the date of enactment 

20 of this Act, the Secretary of the department in which the 

21 Coast Guard is operating shall submit to the Committee 

22 on Transportation and Infrastructure of the House of 

23 Representatives and the Committee on Commerce, 

24 Science, and Transportation of the Senate a report that 

25 includes— 


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1 (1) a schedule and plan for decommissioning, 

2 not later than September 30, 2029, each of the 210- 

3 foot, Reliance-Class Cutters operated by the Coast 

4 Guard on the date of enactment of this Act; 

5 (2) a schedule and plan for enhancing the 

6 maintenance or extending the service life of each of 

7 the 270-foot, Famous-Class Cutters operated by the 

8 Coast Guard on the date of enactment of this Act— 

9 (A) to maintain the capability of the Coast 

10 Guard to carry out sea-going missions with re11 spect to such Cutters at the level of capability 

12 existing on September 30, 2013; and 

13 (B) for the period beginning on the date of 

14 enactment of this Act and ending on the date 

15 on which the final Offshore Patrol Cutter is 

16 scheduled and planned to be commissioned 

17 under paragraph (4); 

18 (3) an identification of the number of Offshore 

19 Patrol Cutters capable of sea state 5 operations 

20 that, if 8 National Security Cutters are commis21 sioned, are necessary to return the sea state 5 oper22 ating capability of the Coast Guard to the level of 

23 capability that existed prior to the decommissioning 

24 of the first High Endurance Cutter in fiscal year 

25 2011; 


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1 (4) a schedule and plan for commissioning the 

2 number of Offshore Patrol Cutters identified under 

3 paragraph (3); and 

4 (5) a schedule and plan for commissioning, not 

5 later than September 30, 2034, a number of Off6 shore Patrol Cutters not capable of sea state 5 oper7 ations that is equal to— 

8 (A) 25; less 

9 (B) the number of Offshore Patrol Cutters 

10 identified under paragraph (3). 

11 SEC. 217. COAST GUARD ADMINISTRATIVE SAVINGS. 

12 (a) ELIMINATION OF OUTDATED AND DUPLICATIVE

13 REPORTS.— 

14 (1) MARINE INDUSTRY TRAINING.—Section 59 

15 of title 14, United States Code, is amended— 

16 (A) by striking ‘‘(a) IN GENERAL.—The 

17 Commandant’’ and inserting ‘‘The Com18 mandant’’; and 

19 (B) by striking subsection (b). 

20 (2) OPERATIONS AND EXPENDITURES.—Section 

21 651 of title 14, United States Code, and the item re22 lating to such section in the analysis for chapter 17 

23 of such title, are repealed. 

24 (3) DRUG INTERDICTION.—Section 103 of the 

25 Coast Guard Authorization Act of 1996 (14 U.S.C. 


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1 89 note), and the item relating to that section in the 

2 table of contents in section 2 of that Act, are re3 pealed. 

4 (4) NATIONAL DEFENSE.—Section 426 of the 

5 Maritime Transportation Security Act of 2002 (14 

6 U.S.C. 2 note), and the item relating to that section 

7 in the table of contents in section 1(b) of that Act, 

8 are repealed. 

9 (5) LIVING MARINE RESOURCES.—Section 4(b) 

10 of the Cruise Vessel Security and Safety Act of 2010 

11 (16 U.S.C. 1828 note) is amended by adding at the 

12 end the following: ‘‘No report shall be required 

13 under this subsection, including that no report shall 

14 be required under section 224 of the Coast Guard 

15 and Maritime Transportation Act of 2004 or section 

16 804 of the Coast Guard and Maritime Transpor17 tation Act of 2006, for fiscal years beginning after 

18 fiscal year 2013.’’. 

19 (b) CONSOLIDATION AND REFORM OF REPORTING

20 REQUIREMENTS.— 

21 (1) MARINE SAFETY.— 

22 (A) IN GENERAL.—Section 2116(d)(2)(B) 

23 of title 46, United States Code, is amended to 

24 read as follows: 


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1 ‘‘(B) on the program’s mission perform2 ance in achieving numerical measurable goals 

3 established under subsection (b), including— 

4 ‘‘(i) the number of civilian and mili5 tary Coast Guard personnel assigned to 

6 marine safety positions; and 

7 ‘‘(ii) an identification of marine safety 

8 positions that are understaffed to meet the 

9 workload required to accomplish each ac10 tivity included in the strategy and plans 

11 under subsection (a); and’’. 

12 (B) CONFORMING AMENDMENT.—Section 

13 57 of title 14, United States Code, as amended 

14 by this Act, is further amended— 

15 (i) by striking subsection (e); and 

16 (ii) by redesignating subsections (f), 

17 (g), and (h) as subsections (e), (f), and (g) 

18 respectively. 

19 (2) MINOR CONSTRUCTION.—Section 656(d)(2) 

20 of title 14, United States Code, is amended to read 

21 as follows: 

22 ‘‘(2) REPORT.—Not later than the date on 

23 which the President submits to Congress a budget 

24 under section 1105 of title 31 each year, the Sec25 retary shall submit to the Committee on TransporVerDate Mar 15 2010 21:09 Feb 06, 2014 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4005.IH H4005

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1 tation and Infrastructure of the House of Represent2 atives and the Committee on Commerce, Science, 

3 and Transportation of the Senate a report describ4 ing each project carried out under paragraph (1), in 

5 the most recently concluded fiscal year, for which 

6 the amount expended under such paragraph for such 

7 project was more than $1,000,000. If no such 

8 project was carried out during a fiscal year, no re9 port under this paragraph shall be required with re10 spect to that fiscal year.’’. 

11 (3) RESCUE 21.—Section 346 of the Maritime 

12 Transportation Security Act of 2002 (14 U.S.C. 88 

13 note) is amended to read as follows: 

14 ‘‘SEC. 346. MODERNIZATION OF NATIONAL DISTRESS AND 

15 RESPONSE SYSTEM. 

16 ‘‘(a) REPORT.—Not later than March 30, 2014, the 

17 Secretary of the department in which the Coast Guard is 

18 operating shall submit to the Committee on Transpor19 tation and Infrastructure of the House of Representatives 

20 and the Committee on Commerce, Science, and Transpor21 tation of the Senate a report on the implementation of 

22 the Rescue 21 project in Alaska and in Coast Guard sec23 tors Upper Mississippi River, Lower Mississippi River, 

24 and Ohio River Valley. 


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1 ‘‘(b) CONTENTS.—The report required under sub2 section (a) shall— 

3 ‘‘(1) describe what improvements are being 

4 made to the distress response system in the areas 

5 specified in subsection (a), including information on 

6 which areas will receive digital selective calling and 

7 direction finding capability; 

8 ‘‘(2) describe the impediments to installing dig9 ital selective calling and direction finding capability 

10 in areas where such technology will not be installed; 

11 ‘‘(3) identify locations in the areas specified in 

12 subsection (a) where communication gaps will con13 tinue to present a risk to mariners after completion 

14 of the Rescue 21 project; 

15 ‘‘(4) include a list of all reported marine acci16 dents, casualties, and fatalities occurring in the loca17 tions identified under paragraph (3) since 1990; and 

18 ‘‘(5) provide an estimate of the costs associated 

19 with installing the technology necessary to close 

20 communication gaps in the locations identified under 

21 paragraph (3).’’. 

22 SEC. 218. TECHNICAL CORRECTIONS TO TITLE 14. 

23 Title 14, United States Code, as amended by this Act, 

24 is further amended— 


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1 (1) in section 93(b)(1) by striking ‘‘Notwith2 standing subsection (a)(14)’’ and inserting ‘‘Not3 withstanding subsection (a)(13)’’; 

4 (2) in section 197(b) by striking ‘‘of Homeland 

5 Security’’; and 

6 (3) in section 573(c)(3)(A) by inserting ‘‘and 

7 shall maintain such cutter in such class’’ before the 

8 period at the end. 

9 TITLE III—SHIPPING AND 

10 NAVIGATION 

11 SEC. 301. TREATMENT OF FISHING PERMITS. 

12 (a) IN GENERAL.—Subchapter I of chapter 313 of 

13 title 46, United States Code, is amended by adding at the 

14 end the following: 

15 ‘‘§ 31310. Treatment of fishing permits 

16 ‘‘(a) LIMITATION ON MARITIME LIENS.—This chap17 ter— 

18 ‘‘(1) does not establish a maritime lien on a 

19 fishing permit; and 

20 ‘‘(2) does not authorize any civil action to en21 force a maritime lien on a fishing permit. 

22 ‘‘(b) TREATMENT OF FISHING PERMITS UNDER

23 STATE AND FEDERAL LAW.—A fishing permit— 

24 ‘‘(1) is governed solely by the State or Federal 

25 law under which it is issued; and 


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1 ‘‘(2) shall not be treated as part of a vessel, or 

2 as an appurtenance or intangible of a vessel, for any 

3 purpose under Federal law. 

4 ‘‘(c) AUTHORITY OF SECRETARY OF COMMERCE NOT

5 AFFECTED.—Nothing in this section shall be construed as 

6 imposing any limitation upon the authority of the Sec7 retary of Commerce— 

8 ‘‘(1) to modify, suspend, revoke, or impose a 

9 sanction on any fishing permit issued by the Sec10 retary of Commerce; or 

11 ‘‘(2) to bring a civil action to enforce such a 

12 modification, suspension, revocation, or sanction. 

13 ‘‘(d) FISHING PERMIT DEFINED.—In this section the 

14 term ‘fishing permit’ means any authorization of a person 

15 or vessel to engage in fishing that is issued under State 

16 of Federal law.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of such chapter is amended by inserting 

19 after the item relating to section 31309 the following: 

‘‘31310. Treatment of fishing permits.’’. 

20 SEC. 302. INTERNATIONAL ICE PATROL REFORM. 

21 (a) IN GENERAL.—Section 80301 of title 46, United 

22 States Code, is amended by adding at the end the fol23 lowing: 


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1 ‘‘(c) PAYMENTS.—Payments received pursuant to 

2 subsection (b)(1) shall be credited to the appropriation for 

3 operating expenses of the Coast Guard. 

4 ‘‘(d) LIMITATION.— 

5 ‘‘(1) IN GENERAL.—A Coast Guard vessel or 

6 aircraft may not be used to carry out an agreement 

7 under subsection (a) in fiscal year 2015 and any fis8 cal year thereafter unless payments are received by 

9 the United States Government pursuant to sub10 section (b)(1) in the preceding fiscal year in a total 

11 amount that is not less than difference between— 

12 ‘‘(A) the cost incurred by the Coast Guard 

13 in maintaining the services; minus 

14 ‘‘(B) the amount of the proportionate 

15 share of the expense generated by vessels docu16 mented under the laws of the United States. 

17 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

18 (1), Coast Guard aircraft may be used to carry out 

19 an agreement under subsection (a) if the President 

20 determines it necessary in the interest of national 

21 security. 

22 ‘‘(3) NOTIFICATION.—The President shall no23 tify the Committee on Transportation and Infra24 structure of the House of Representatives and the 

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1 tation of the Senate of a determination made under 

2 paragraph (2) within 15 days after such determina3 tion.’’. 

4 (b) REPEAL.—Section 80302 of title 46, United 

5 States Code, and the item relating to such section in the 

6 analysis for chapter 803 of such title, are repealed on Oc7 tober 1, 2014. 

8 SEC. 303. REPEAL. 

9 Chapter 555 of title 46, United States Code, is 

10 amended— 

11 (1) by repealing section 55501; 

12 (2) by redesignating section 55502 as section 

13 55501; and 

14 (3) in the chapter analysis by striking the items 

15 relating to sections 55501 and 55502 and inserting 

16 the following: 

‘‘55501. United States Committee on the Marine Transportation System.’’. 

17 SEC. 304. DONATION OF HISTORICAL PROPERTY. 

18 Section 51103 of title 46, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(e) DONATION FOR HISTORICAL PURPOSES.— 

21 ‘‘(1) IN GENERAL.—The Secretary may convey 

22 the right, title, and interest of the United States 

23 Government in any property administered by the 

24 Maritime Administration, except real estate or ves25 sels, if— 


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1 ‘‘(A) the Secretary determines that such 

2 property is not needed by the Maritime Admin3 istration; and 

4 ‘‘(B) the recipient— 

5 ‘‘(i) is a nonprofit organization, a 

6 State, or a political subdivision of a State; 

7 ‘‘(ii) agrees to hold the Government 

8 harmless for any claims arising from expo9 sure to hazardous materials, including as10 bestos, polychlorinated biphenyls, or lead 

11 paint, after conveyance of the property; 

12 ‘‘(iii) provides a description and expla13 nation of the intended use of the property 

14 to the Secretary for approval; 

15 ‘‘(iv) has provided to the Secretary 

16 proof, as determined by the Secretary, of 

17 resources sufficient to accomplish the in18 tended use provided under clause (iii) and 

19 to maintain the property; 

20 ‘‘(v) agrees that when the recipient no 

21 longer requires the property, the recipient 

22 shall— 

23 ‘‘(I) return the property to the 

24 Secretary, at the recipient’s expense 


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1 and in the same condition as received 

2 except for ordinary wear and tear; or 

3 ‘‘(II) subject to the approval of 

4 the Secretary, retain, sell, or other5 wise dispose of the property in a man6 ner consistent with applicable law; 

7 and 

8 ‘‘(vi) agree to any additional terms 

9 the Secretary considers appropriate. 

10 ‘‘(2) REVERSION.—The Secretary shall include 

11 in any conveyance under this subsection terms under 

12 which all right, title, and interest conveyed by the 

13 Secretary shall revert to the Government if the Sec14 retary determines the property has been used other 

15 than as approved by the Secretary under paragraph 

16 (1)(B)(iii).’’. 

17 SEC. 305. SMALL SHIPYARDS. 

18 Section 54101(i) of title 46, United States Code, is 

19 amended by striking ‘‘2009 through 2013’’ and inserting 

20 ‘‘2015 and 2016’’. 

21 SEC. 306. DRUG TESTING REPORTING. 

22 Section 7706 of title 46, United States Code, is 

23 amended— 


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1 (1) in subsection (a), by inserting ‘‘an applicant 

2 for employment by a Federal agency,’’ after ‘‘Fed3 eral agency,’’; and 

4 (2) in subsection (c), by— 

5 (A) inserting ‘‘or an applicant for employ6 ment by a Federal agency’’ after ‘‘an em7 ployee’’; and 

8 (B) striking ‘‘the employee.’’ and inserting 

9 ‘‘the employee or the applicant.’’. 

10 SEC. 307. RECOURSE FOR NONCITIZENS. 

11 Section 30104 of title 46, United States Code, is 

12 amended— 

13 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

14 the first sentence; and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(b) RESTRICTION ON RECOVERY FOR NON18 RESIDENT ALIENS EMPLOYED ON FOREIGN PASSENGER

19 VESSELS.—A claim for damages or expenses relating to 

20 personal injury, illness, or death of a seaman who is a 

21 citizen of a foreign nation, arising during or from the en22 gagement of the seaman by or for a passenger vessel duly 

23 registered under the laws of a foreign nation, may not be 

24 brought under the laws of the United States if— 


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1 ‘‘(1) such seaman was not a permanent resident 

2 alien of the United States at the time the claim 

3 arose; 

4 ‘‘(2) the injury, illness, or death arose outside 

5 the territorial waters of the United States; and 

6 ‘‘(3) the seaman or the seaman’s personal rep7 resentative has or had a right to seek compensation 

8 for the injury, illness, or death in, or under the laws 

9 of— 

10 ‘‘(A) the nation in which the vessel was 

11 registered at the time the claim arose; or 

12 ‘‘(B) the nation in which the seaman main13 tained citizenship or residency at the time the 

14 claim arose.’’. 

15 SEC. 308. PENALTY WAGES. 

16 (a) FOREIGN AND INTERCOASTAL VOYAGES.—Sec17 tion 10313(g) of title 46, United States Code, is amend18 ed— 

19 (1) in paragraph (2)— 

20 (A) by striking ‘‘all claims in a class action 

21 suit by seamen’’ and inserting ‘‘each claim by 

22 a seaman’’; and 

23 (B) by striking ‘‘the seamen’’ and inserting 

24 ‘‘the seaman’’; and 

25 (2) in paragraph (3)— 


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1 (A) by striking ‘‘class action’’; and 

2 (B) in subparagraph (B), by striking ‘‘, by 

3 a seaman who is a claimant in the suit,’’ and 

4 inserting ‘‘by the seaman’’. 

5 (b) COASTWISE VOYAGES.—Section 10504(c) of such 

6 title is amended— 

7 (1) in paragraph (2)— 

8 (A) by striking ‘‘all claims in a class action 

9 suit by seamen’’ and inserting ‘‘each claim by 

10 a seaman’’; and 

11 (B) by striking ‘‘the seamen’’ and inserting 

12 ‘‘the seaman’’; and 

13 (2) in paragraph (3)— 

14 (A) by striking ‘‘class action’’; and 

15 (B) in subparagraph (B), by striking ‘‘, by 

16 a seaman who is a claimant in the suit,’’ and 

17 inserting ‘‘by the seaman’’. 

18 SEC. 309. CREDITING TIME IN THE SEA SERVICES. 

19 (a) ENDORSEMENTS FOR VETERANS.—Section 7101 

20 of title 46, United States Code, is amended by adding at 

21 the end the following: 

22 ‘‘(j) The Secretary may issue a license under this sec23 tion in a class under subsection (c) to an applicant that— 

24 ‘‘(1) has at least 3 months of qualifying service 

25 on vessels of the uniformed services (as that term is 


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1 defined in section 101(a) of title 10) of appropriate 

2 tonnage or horsepower within the 7-year period im3 mediately preceding the date of application; and 

4 ‘‘(2) satisfies all other requirements for such a 

5 license.’’. 

6 (b) SEA SERVICE LETTERS.— 

7 (1) IN GENERAL.—Title 14, United States 

8 Code, as amended by this Act, is further amended 

9 by inserting after section 427 the following: 

10 ‘‘§ 428. Sea service letters 

11 ‘‘(a) IN GENERAL.—The Secretary shall provide a 

12 sea service letter to a member or former member of the 

13 Coast Guard who— 

14 ‘‘(1) accumulated sea service on a vessel of the 

15 armed forces (as such term is defined in section 

16 101(a) of title 10); and 

17 ‘‘(2) requests such letter. 

18 ‘‘(b) DEADLINE.—Not later than 30 days after re19 ceiving a request for a sea service letter from a member 

20 or former member of the Coast Guard under subsection 

21 (a), the Secretary shall provide such letter to such member 

22 or former member if such member or former member sat23 isfies the requirement under subsection (a)(1).’’. 

24 (2) CLERICAL AMENDMENT.—The analysis for 

25 chapter 11 of title 14, United States Code, as 


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1 amended by this Act, is further amended by insert2 ing after the item relating to section 427 the fol3 lowing: 

‘‘428. Sea service letters.’’. 

4 (c) CREDITING OF UNITED STATES ARMED FORCES

5 SERVICE, TRAINING, AND QUALIFICATIONS.— 

6 (1) MAXIMIZING CREDITABILITY.—The Sec7 retary of the department in which the Coast Guard 

8 is operating, in implementing United States mer9 chant mariner license, certification, and document 

10 laws and the International Convention on Standards 

11 of Training, Certification and Watchkeeping for Sea12 farers, 1978, shall maximize the extent to which 

13 United States Armed Forces service, training, and 

14 qualifications are creditable toward meeting the re15 quirements of such laws and such Convention. 

16 (2) REPORT.—Not later than 90 days after the 

17 date of enactment of this Act, the Secretary shall re18 port to Congress on the steps taken to implement 

19 this subsection. 

20 SEC. 310. TREATMENT OF ABANDONED SEAFARERS. 

21 (a) IN GENERAL.—The Act to Prevent Pollution 

22 from Ships (33 U.S.C. 1901 et seq.) is amended— 

23 (1) by adding at the end the following: 

24 ‘‘SEC. 18. TREATMENT OF ABANDONED SEAFARERS. 

25 ‘‘(a) ABANDONED SEAFARERS FUND.— 


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1 ‘‘(1) ESTABLISHMENT.—There is established in 

2 the Treasury a separate account to be known as the 

3 Abandoned Seafarers Fund. 

4 ‘‘(2) CREDITING OF AMOUNTS TO FUND.— 

5 ‘‘(A) IN GENERAL.—There shall be cred6 ited to the Fund the following: 

7 ‘‘(i) Penalties deposited in the Fund 

8 under section 9, except as provided in sub9 paragraph (B). 

10 ‘‘(ii) Amounts reimbursed or recov11 ered under subsection (d). 

12 ‘‘(B) LIMITATION.—Amounts may be cred13 ited to the Fund under subparagraph (A)(i) 

14 only if the unobligated balance of the Fund is 

15 less than $2,000,000. 

16 ‘‘(3) REPORT REQUIRED.—On the date on 

17 which the President submits each budget for a fiscal 

18 year pursuant to section 1105 of title 31, United 

19 States Code, the Secretary shall submit to the Com20 mittee on Transportation and Infrastructure of the 

21 House of Representatives and the Committee on 

22 Commerce, Science, and Transportation of the Sen23 ate a report that describes— 


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1 ‘‘(A) the amounts credited to the Fund 

2 under paragraph (2) for the preceding fiscal 

3 year; and 

4 ‘‘(B) amounts in the Fund that were ex5 pended for the preceding fiscal year. 

6 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS FROM

7 FUND.—Amounts in the Fund may be appropriated to the 

8 Secretary for use to— 

9 ‘‘(1) pay necessary support of— 

10 ‘‘(A) a seafarer that— 

11 ‘‘(i) enters, remains, or is paroled into 

12 the United States; and 

13 ‘‘(ii) is involved in an investigation, 

14 reporting, documentation, or adjudication 

15 of any matter that is related to the admin16 istration or enforcement of this Act by the 

17 Coast Guard; and 

18 ‘‘(B) a seafarer that the Secretary deter19 mines was abandoned in the United States and 

20 has not applied for asylum under section 208 or 

21 235 of the Immigration and Nationality Act (8 

22 U.S.C. 1158, 1225); and 

23 ‘‘(2) reimburse a vessel owner or operator that 

24 has provided necessary support of a seafarer who 

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1 an investigation, reporting, documentation, or adju2 dication of any matter that is related to the adminis3 tration or enforcement of this Act by the Coast 

4 Guard, for the costs of such necessary support. 

5 ‘‘(c) LIMITATION.—Nothing in this section shall be 

6 construed— 

7 ‘‘(1) to create a private right of action or any 

8 other right, benefit, or entitlement to necessary sup9 port for any person; or 

10 ‘‘(2) to compel the Secretary to pay or reim11 burse the cost of necessary support. 

12 ‘‘(d) REIMBURSEMENT; RECOVERY.— 

13 ‘‘(1) IN GENERAL.—A vessel owner or operator 

14 shall reimburse the Fund an amount equal to the 

15 total amount paid from the Fund for necessary sup16 port of a seafarer, if— 

17 ‘‘(A) the vessel owner or operator— 

18 ‘‘(i) during the course of an investiga19 tion, reporting, documentation, or adju20 dication of any matter under this Act that 

21 the Coast Guard referred to a United 

22 States attorney or the Attorney General, 

23 fails to provide necessary support of a sea24 farer who was paroled into the United 

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1 porting, documentation, or adjudication; 

2 and 

3 ‘‘(ii) subsequently is— 

4 ‘‘(I) convicted of a criminal of5 fense related to such matter; or 

6 ‘‘(II) required to reimburse the 

7 Fund pursuant to a court order or ne8 gotiated settlement related to such 

9 matter; or 

10 ‘‘(B) the vessel owner or operator aban11 dons a seafarer in the United States, as deter12 mined by the Secretary based on substantial 

13 evidence. 

14 ‘‘(2) ENFORCEMENT.—If a vessel owner or op15 erator fails to reimburse the Fund under paragraph 

16 (1), the Secretary may— 

17 ‘‘(A) proceed in rem against the vessel on 

18 which the affected seafarer served in the Fed19 eral district court for the district in which the 

20 vessel is found; and 

21 ‘‘(B) withhold or revoke the clearance re22 quired under section 60105 of title 46, United 

23 States Code, for the vessel. 

24 ‘‘(3) REMEDY.—A vessel may obtain clearance 

25 from the Secretary after it is withheld or revoked 


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1 under paragraph (2)(B) if the vessel owner or oper2 ator— 

3 ‘‘(A) reimburses the Fund the amount re4 quired under paragraph (1); or 

5 ‘‘(B) provides a bond, or other evidence of 

6 financial responsibility sufficient to meet the 

7 amount required to be reimbursed under para8 graph (1). 

9 ‘‘(e) DEFINITIONS.—In this section: 

10 ‘‘(1) ABANDONS; ABANDONED.—Each of the 

11 terms ‘abandons’ and ‘abandoned’ means— 

12 ‘‘(A) a vessel owner’s or operator’s unilat13 eral severance of ties with a seafarer; and 

14 ‘‘(B) a vessel owner’s or operator’s failure 

15 to provide necessary support of a seafarer. 

16 ‘‘(2) FUND.—The term ‘Fund’ means the 

17 Abandoned Seafarers Fund established under this 

18 section. 

19 ‘‘(3) NECESSARY SUPPORT.—The term ‘nec20 essary support’ means normal wages and expenses 

21 the Secretary considers reasonable for lodging, sub22 sistence, clothing, medical care (including hos23 pitalization), repatriation, and any other support the 

24 Secretary considers to be appropriate. 


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1 ‘‘(4) SEAFARER.—The term ‘seafarer’ means an 

2 alien crewman who is employed or engaged in any 

3 capacity on board a vessel subject to this Act.’’; and 

4 (2) in section 9, by adding at the end the fol5 lowing: 

6 ‘‘(g) Any penalty collected under subsection (a) or (b) 

7 that is not paid under that subsection to the person giving 

8 information leading to the conviction or assessment of 

9 such penalties shall be deposited in the Abandoned Sea10 farers Fund established under section 18, subject to the 

11 limitation in subsection (a)(2)(B) of such section.’’. 

12 SEC. 311. CLARIFICATION OF HIGH-RISK WATERS. 

13 Section 55305(e) of title 46, United States Code, is 

14 amended— 

15 (1) in paragraph (1)— 

16 (A) by striking ‘‘provide armed personnel 

17 aboard’’ and inserting ‘‘reimburse, subject to 

18 the availability of appropriations, the owners or 

19 operators of’’; and 

20 (B) by inserting ‘‘for the cost of providing 

21 armed personnel aboard such vessels’’ before 

22 ‘‘if’’; and 

23 (2) by striking paragraphs (2) and (3) and in24 serting the following: 


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1 ‘‘(2) In this subsection, the term ‘high-risk 

2 waters’ means waters— 

3 ‘‘(A) so designated by the Commandant of 

4 the Coast Guard in the maritime security direc5 tive issued by the Commandant and in effect on 

6 the date on which an applicable voyage begins; 

7 and 

8 ‘‘(B) in which the Secretary of Transpor9 tation determines an act of piracy is likely to 

10 occur based on documented acts of piracy that 

11 occurred in such waters during the 12-month 

12 period preceding the date on which an applica13 ble voyage begins.’’. 

14 SEC. 312. UNINSPECTED PASSENGER VESSELS IN THE VIR15 GIN ISLANDS. 

16 (a) IN GENERAL.—Section 4105 of title 46, United 

17 States Code, is amended— 

18 (1) by redesignating subsection (b) as sub19 section (c); and 

20 (2) by inserting after subsection (a) the fol21 lowing: 

22 ‘‘(b) In applying this title with respect to an 

23 uninspected vessel of less than 24 meters overall in length 

24 that carries passengers to or from a port in the United 

25 States Virgin Islands, the Secretary shall substitute ‘12 


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1 passengers’ for ‘6 passengers’ each place it appears in sec2 tion 2101(42) if the Secretary determines that the vessel 

3 complies with— 

4 ‘‘(1) the Code of Practice for the Safety of 

5 Small Commercial Motor Vessels (commonly referred 

6 to as the ‘Yellow Code’), as published by the U.K. 

7 Maritime and Coastguard Agency and in effect on 

8 January 1, 2014; or 

9 ‘‘(2) the Code of Practice for the Safety of 

10 Small Commercial Sailing Vessels (commonly re11 ferred to as the ‘Blue Code’), as published by such 

12 agency and in effect on such date.’’. 

13 (b) TECHNICAL CORRECTION.—Section 4105(c) of 

14 title 46, United States Code, as redesignated by subsection 

15 (a)(1) of this section, is amended by striking ‘‘Within 

16 twenty-four months of the date of enactment of this sub17 section, the’’ and inserting ‘‘The’’. 

18 SEC. 313. OFFSHORE SUPPLY VESSEL THIRD-PARTY IN19 SPECTION. 

20 Section 3316 of title 46, United States Code, is 

21 amended by redesignating subsection (f) as subsection (g), 

22 and by inserting after subsection (e) the following: 

23 ‘‘(f)(1) Upon request of an owner or operator of an 

24 offshore supply vessel, the Secretary shall delegate the au25 thorities set forth in paragraph (1) of subsection (b) with 


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1 respect to such vessel to a classification society to which 

2 a delegation is authorized under that paragraph. A delega3 tion by the Secretary under this subsection shall be used 

4 for any vessel inspection and examination function carried 

5 out by the Secretary, including the issuance of certificates 

6 of inspection and all other related documents. 

7 ‘‘(2) If the Secretary determines that a certificate of 

8 inspection or related document issued under authority del9 egated under paragraph (1) of this subsection with respect 

10 to a vessel has reduced the operational safety of that ves11 sel, the Secretary may terminate the certificate or docu12 ment, respectively. 

13 ‘‘(3) Not later than 2 years after the date of the en14 actment of the Coast Guard and Maritime Transportation 

15 Act of 2014, and for each year of the subsequent 2-year 

16 period, the Secretary shall provide to the Committee on 

17 Transportation and Infrastructure of the House of Rep18 resentatives and the Committee on Commerce, Science, 

19 and Transportation of the Senate a report describing— 

20 ‘‘(A) the number of vessels for which a delega21 tion was made under paragraph (1); 

22 ‘‘(B) any savings in personnel and operational 

23 costs incurred by the Coast Guard that resulted 

24 from the delegations; and 


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1 ‘‘(C) based on measurable marine casualty and 

2 other data, any impacts of the delegations on the 

3 operational safety of vessels for which the delega4 tions were made, and on the crew on those vessels.’’. 

5 SEC. 314. SURVIVAL CRAFT. 

6 (a) IN GENERAL.—Section 3104 of title 46, United 

7 States Code, is amended to read as follows: 

8 ‘‘§ 3104. Survival craft 

9 ‘‘(a) The Secretary shall require that a passenger ves10 sel be equipped with survival craft that ensures that no 

11 part of an individual is immersed in water, if— 

12 ‘‘(1) such vessel is built or undergoes a major 

13 conversion after January 1, 2016; and 

14 ‘‘(2) operates in cold waters as determined by 

15 the Secretary. 

16 ‘‘(b) The Secretary may revise part 117 or part 180 

17 of title 46, Code of Federal Regulations, as in effect before 

18 January 1, 2016, if such revision provides a higher stand19 ard of safety than is provided by the regulations in effect 

20 on or before the date of enactment of the Coast Guard 

21 and Maritime Transportation Act of 2014. 

22 ‘‘(c) The Secretary may, in lieu of the requirements 

23 set out in part 117 or part 180 of title 46, Code of Federal 

24 Regulations, as in effect on the date of the enactment of 

25 the Coast Guard and Maritime Transportation Act of 


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1 2014, allow a passenger vessel to be equipped with a life 

2 saving appliance or arrangement of an innovative or novel 

3 design that— 

4 ‘‘(1) ensures no part of an individual is im5 mersed in water; and 

6 ‘‘(2) provides an equal or higher standard of 

7 safety than is provided by such requirements as in 

8 effect before such date of enactment. 

9 ‘‘(d) In this section, the term ‘built’ has the meaning 

10 that term has under section 4503(e).’’. 

11 (b) REVIEW; REVISION OF REGULATIONS.— 

12 (1) REVIEW.—Not later than December 31, 

13 2015, the Secretary of the department in which the 

14 Coast Guard is operating shall submit to the Com15 mittee on Transportation and Infrastructure of the 

16 House of Representatives and the Committee on 

17 Commerce, Science, and Transportation of the Sen18 ate a review of— 

19 (A) the number of casualties for individ20 uals with disabilities, children, and the elderly 

21 as a result of immersion in water, reported to 

22 the Coast Guard over the preceding 30-year pe23 riod, by vessel type and area of operation; 

24 (B) the risks to individuals with disabil25 ities, children, and the elderly as a result of imVerDate Mar 15 2010 21:09 Feb 06, 2014 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H4005.IH H4005

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1 mersion in water, by passenger vessel type and 

2 area of operation; 

3 (C) the effect that carriage of survival 

4 craft that ensure that no part of an individual 

5 is immersed in water has on— 

6 (i) passenger vessel safety, including 

7 stability and safe navigation; 

8 (ii) improving the survivability of indi9 viduals, including individuals with disabil10 ities, children, and the elderly; and 

11 (iii) the costs, the incremental cost 

12 difference to vessel operators, and the cost 

13 effectiveness of requiring the carriage of 

14 such survival craft to address the risks to 

15 individuals with disabilities, children, and 

16 the elderly; 

17 (D) the efficacy of alternative safety sys18 tems, devices, or measures in improving surviv19 ability of individuals with disabilities, children, 

20 and the elderly; and 

21 (E) the number of small businesses and 

22 nonprofit vessel operators that would be af23 fected by requiring the carriage of such survival 

24 craft on passenger vessels to address the risks 


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1 to individuals with disabilities, children, and the 

2 elderly. 

3 (2) REVISION.—Based on the review conducted 

4 under paragraph (1), the Secretary may revise regu5 lations concerning the carriage of survival craft pur6 suant to section 3104(c) of title 46, United States 

7 Code. 

8 SEC. 315. TECHNICAL CORRECTION TO TITLE 46. 

9 Section 2116(b)(1)(D) of title 46, United States 

10 Code, is amended by striking ‘‘section 93(c)’’ and insert11 ing ‘‘section 93(c) of title 14’’. 

12 TITLE IV—FEDERAL MARITIME 

13 COMMISSION 

14 SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 

15 There is authorized to be appropriated to the Federal 

16 Maritime Commission $24,700,000 for each of fiscal years 

17 2015 and 2016. 

18 SEC. 402. TERMS OF COMMISSIONERS. 

19 (a) IN GENERAL.—Section 301(b) of title 46, United 

20 States Code, is amended— 

21 (1) by amending paragraph (2) to read as fol22 lows: 

23 ‘‘(2) TERMS.—The term of each Commissioner 

24 is 5 years. When the term of a Commissioner ends, 

25 the Commissioner may continue to serve until a sucVerDate Mar 15 2010 21:09 Feb 06, 2014 Jkt 039200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H4005.IH H4005

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1 cessor is appointed and qualified, but for a period 

2 not to exceed one year. Except as provided in para3 graph (3), no individual may serve more than 2 

4 terms.’’; and 

5 (2) by redesignating paragraph (3) as para6 graph (5), and inserting after paragraph (2) the fol7 lowing: 

8 ‘‘(3) VACANCIES.—A vacancy shall be filled in 

9 the same manner as the original appointment. An 

10 individual appointed to fill a vacancy is appointed 

11 only for the unexpired term of the individual being 

12 succeeded. An individual appointed to fill a vacancy 

13 may serve 2 terms in addition to the remainder of 

14 the term for which the predecessor of that individual 

15 was appointed. 

16 ‘‘(4) CONFLICTS OF INTEREST.— 

17 ‘‘(A) LIMITATION ON RELATIONSHIPS

18 WITH REGULATED ENTITIES.—A Commissioner 

19 may not have a pecuniary interest in, hold an 

20 official relation to, or own stocks or bonds of 

21 any entity the Commission regulates under 

22 chapter 401 of this title. 

23 ‘‘(B) LIMITATION ON OTHER ACTIVI24 TIES.—A Commissioner may not engage in an25 other business, vocation, or employment.’’. 


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1 (b) APPLICABILITY.—The amendment made by sub2 section (a)(1) does not apply with respect to a Commis3 sioner of the Federal Maritime Commission appointed and 

4 confirmed by the Senate before the date of enactment of 

5 this Act. 

6 TITLE V—COMMERCIAL VESSEL 

7 DISCHARGE REFORM 

8 SEC. 501. SHORT TITLE. 

9 This title may be cited as the ‘‘Commercial Vessel 

10 Discharge Reform Act of 2014’’. 

11 SEC. 502. DISCHARGES INCIDENTAL TO THE NORMAL OP12 ERATION OF CERTAIN VESSELS. 

13 Section 2(a) of Public Law 110–299 (33 U.S.C. 1342 

14 note) is amended by striking ‘‘during the period beginning 

15 on the date of the enactment of this Act and ending on 

16 December 18, 2014,’’. 

17 TITLE VI—MISCELLANEOUS 

18 SEC. 601. DISTANT WATER TUNA FLEET. 

19 Section 421 of the Coast Guard and Maritime Trans20 portation Act of 2006 (Public Law 109–241; 120 Stat. 

21 547) is amended— 

22 (1) in subsection (b)— 

23 (A) by amending paragraph (1) to read as 

24 follows: 


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1 ‘‘(1) IN GENERAL.—Subsection (a) only applies 

2 to a foreign citizen who holds a credential to serve 

3 as an officer on a fishing vessel or vessel of similar 

4 tonnage.’’; and 

5 (B) in paragraph (2), by striking ‘‘An 

6 equivalent credential’’ and inserting ‘‘A creden7 tial’’; and 

8 (2) by striking subsections (c), (e), and (f) and 

9 redesignating subsection (d) as subsection (c). 

10 SEC. 602. VESSEL DETERMINATION. 

11 The vessel assigned United States official number 

12 1205366 is deemed a new vessel effective on the date of 

13 delivery of the vessel after January 1, 2012, from a pri14 vately owned United States shipyard, if no encumbrances 

15 are on record with the Coast Guard at the time of the 

16 issuance of the new certificate of documentation for the 

17 vessel. 

18 SEC. 603. LEASE AUTHORITY. 

19 (a) AUTHORITY.—The Commandant of the Coast 

20 Guard may lease under section 93(a)(13) of title 14, 

21 United States Code, submerged lands and tidelands under 

22 the control of the Coast Guard without regard to the limi23 tation under that section with respect to lease duration. 

24 (b) LIMITATION.—The Commandant may lease sub25 merged lands and tidelands under subsection (a) only if— 


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1 (1) lease payments are— 

2 (A) received exclusively in the form of 

3 cash; 

4 (B) equal to the fair market value of the 

5 leased submerged lands or tidelands, as deter6 mined by the Commandant; and 

7 (C) deposited in the fund established under 

8 section 687 of title 14, United States Code; and 

9 (2) the lease does not provide authority to or 

10 commit the Coast Guard to use or support any im11 provements to such submerged lands or tidelands, or 

12 obtain goods or services from the lessee. 

13 SEC. 604. NATIONAL MARITIME STRATEGY. 

14 (a) IN GENERAL.—Not later than 60 days after the 

15 date of enactment of this Act, the Secretary of Transpor16 tation, in consultation with the Secretary of the depart17 ment in which the Coast Guard is operating, shall submit 

18 to the Committee on Transportation and Infrastructure 

19 of the House of Representatives and the Committee on 

20 Commerce, Science, and Transportation of the Senate a 

21 national maritime strategy. 

22 (b) CONTENTS.—The strategy required under sub23 section (a) shall— 

24 (1) identify— 


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1 (A) Federal regulations and policies that 

2 reduce the competitiveness of United States flag 

3 vessels in the international trade; and 

4 (B) the impact of reduced cargo flow due 

5 to reductions in the number of members of the 

6 United States Armed Forces stationed or de7 ployed outside of the United States; and 

8 (2) include recommendations to— 

9 (A) make United States flag vessels more 

10 competitive in shipping routes between United 

11 States and foreign ports; 

12 (B) increase the use of United States flag 

13 vessels to carry cargo imported to and exported 

14 from the United States; 

15 (C) assure compliance by Federal agencies 

16 with chapter 553 of title 46, United States 

17 Code; 

18 (D) increase the use of third-party inspec19 tion and certification authorities to inspect and 

20 certify vessels; 

21 (E) increase the use of short sea transpor22 tation routes designated under section 55601(c) 

23 of title 46, United States Code, to enhance 

24 intermodal freight movements; and 


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1 (F) enhance United States shipbuilding ca2 pability. 

3 SEC. 605. IMO POLAR CODE NEGOTIATIONS. 

4 Not later than 30 days after the date of the enact5 ment of this Act, and thereafter with the submission of 

6 the budget proposal submitted for each of fiscal years 

7 2016, 2017, and 2018 under section 1105 of title 31, 

8 United States Code, the Secretary of the department in 

9 which the Coast Guard is operating shall submit to the 

10 Committee on Transportation and Infrastructure of the 

11 House of Representatives and the Committee on Com12 merce, Science, and Transportation of the Senate, a report 

13 on— 

14 (1) the status of the negotiations at the Inter15 national Maritime Organization regarding the estab16 lishment of a draft international code of safety for 

17 ships operating in polar waters, popularly known as 

18 the Polar Code, and any amendments proposed by 

19 such a code to be made to the International Conven20 tion for the Safety of Life at Sea and the Inter21 national Convention for the Prevention of Pollution 

22 from Ships; 

23 (2) the coming into effect of such a code and 

24 such amendments for nations that are parties to 

25 those conventions; 


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1 (3) impacts, for coastal communities located in 

2 the Arctic (as that term is defined in the section 112 

3 of the Arctic Research and Policy Act of 1984 (15 

4 U.S.C. 4111)) of such a code or such amendments, 

5 on— 

6 (A) the costs of delivering fuel and freight; 

7 and 

8 (B) the safety of maritime transportation; 

9 and 

10 (4) actions the Secretary must take to imple11 ment the requirements of such a code and such 

12 amendments. 

13 SEC. 606. VALLEY VIEW FERRY. 

14 (a) EXEMPTION.—Section 8902 of title 46, United 

15 States Code, shall not apply to the vessel John Craig 

16 (United States official number D1110613) when such ves17 sel is operating on the portion of the Kentucky River, Ken18 tucky, located at approximately mile point 158, in Pool 

19 Number 9, between Lock and Dam Number 9 and Lock 

20 and Dam Number 10. 

21 (b) APPLICATION.—Subsection (a) shall apply on and 

22 after the date on which the Secretary determines that a 

23 licensing requirement has been established under Ken24 tucky State law that applies to an operator of the vessel 

25 John Craig. 


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1 SEC. 607. COMPETITION BY UNITED STATES FLAG VESSELS. 

2 (a) IN GENERAL.—The Commandant of the Coast 

3 Guard shall enter into an arrangement with the National 

4 Academy of Sciences to conduct an assessment of authori5 ties under subtitle II of title 46, United States Code, that 

6 have been delegated to the Coast Guard that impact the 

7 ability of vessels documented under the laws of the United 

8 States to effectively compete in the carriage of merchan9 dise and passengers in the international trade. 

10 (b) REVIEW OF DIFFERENCES WITH IMO STAND11 ARDS.—The assessment under subsection (a) shall include 

12 a review of differences between United States laws, poli13 cies, regulations, and guidance governing the inspection 

14 of vessels documented under the laws of the United States 

15 and standards set by the International Maritime Organi16 zation governing the inspection of vessels. 

17 (c) DEADLINE.—Not later than 180 days after the 

18 date on which the Commandant enters into an arrange19 ment with the National Academy of Sciences under sub20 section (a), the Commandant shall submit the assessment 

21 required under such subsection to the Committee on 

22 Transportation and Infrastructure of the House of Rep23 resentatives and the Committee on Commerce, Science, 

24 and Transportation of the Senate. 


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1 SEC. 608. SURVEY. 

2 Not later than 30 days after the date of enactment 

3 of this Act, the Commandant of the Coast Guard shall 

4 submit to the Committee on Transportation and Infra5 structure of the House of Representatives and the Com6 mittee on Commerce, Science, and Transportation of the 

7 Senate a survey of the parcel of real property under the 

8 administrative control of the Coast Guard, consisting of 

9 approximately 1.95 acres (measured at the mean low10 water mark) located at the entrance to Gig Harbor, Wash11 ington, and commonly known as the Gig Harbor Sand Spit 

12 Area. 

Æ 


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