IIB 

112TH CONGRESS 

1ST SESSION H. R. 2838 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 16, 2011 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

To authorize appropriations for the Coast Guard for fiscal 

years 2012 through 2015, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 ‘‘Coast Guard and Maritime Transportation Act of 2011’’. 

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

5 this Act is as follows: 

Sec. 1. Short title. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

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

TITLE II—COAST GUARD AND SERVICEMEMBER PARITY 

Sec. 201. Academy emoluments. 

Sec. 202. Policy on sexual harassment and sexual violence. 

Sec. 203. Appointments of permanent commissioned officers. 

Sec. 204. Minor construction. 

Sec. 205. Treatment of reports of aircraft accident investigations. 

Sec. 206. Acquisition workforce expedited hiring authority. 

Sec. 207. Coast Guard housing report. 

Sec. 208. Advance procurement funding. 

TITLE III—COAST GUARD REFORM 

Sec. 301. Repeals. 

Sec. 302. Interference with Coast Guard transmissions. 

Sec. 303. National security cutters. 

Sec. 304. Major acquisitions report. 

Sec. 305. Environmental compliance and restoration backlog. 

Sec. 306. Coast Guard auxiliarist enrollment eligibility. 

Sec. 307. Decommissionings. 

Sec. 308. Assessment of needs for additional coast guard presence in high latitude regions. 

Sec. 309. Limitation on expenditures. 

Sec. 310. Restriction on the use of aircraft. 

TITLE IV—SHIPPING AND NAVIGATION 

Sec. 401. Committee on the Marine Transportation System. 

Sec. 402. Report on determinations. 

Sec. 403. Dockside examinations. 

Sec. 404. Recourse for noncitizens. 

Sec. 405. Maritime liens on fishing permits. 

Sec. 406. Short sea transportation. 

Sec. 407. Mission of the Maritime Administration. 

Sec. 408. Limitation on liability for non-Federal vessel traffic service operators. 

Sec. 409. Authority to extend the duration of medical certificates. 

Sec. 410. Identification of actions to enable qualified United States flag capacity to meet national defense requirements. 

Sec. 411. Classification societies. 


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TITLE V—FEDERAL MARITIME COMMISSION 

Sec. 501. Authorization of appropriations. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Technical corrections. 

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

Sec. 603. Notice of arrival. 

Sec. 604. Technical corrections to title 14. 

Sec. 605. Distant water tuna fleet. 

Sec. 606. Waivers. 

Sec. 607. Report on options to improve integration of U.S. Coast Guard and 

Canadian Coast Guard Great Lakes icebreaking operational information. 

Sec. 608. Standby vessels. 

Sec. 609. Cap on penalty wages. 

Sec. 610. Report on impediments to the U.S.-flag registry. 

Sec. 611. Report on drug interdiction in the Caribbean basin. 

Sec. 612. Report on survival craft. 

Sec. 613. Consideration of information relating to employment when awarding 

contracts. 

Sec. 614. Requirement of Corps. 

Sec. 615. Conveyance of decommissioned Coast Guard Cutter STORIS. 

Sec. 616. Transportation of passengers between ports in Puerto Rico. 

TITLE VII—COMMERCIAL VESSEL DISCHARGES REFORM 

Sec. 701. Short title. 

Sec. 702. Discharges from commercial vessels. 

Sec. 703. Discharges incidental to the normal operation of a covered vessel. 

Sec. 704. Conforming and technical amendments. 

Sec. 705. Regulation of ballast water and incidental discharges from a commercial vessel. 

Sec. 706. Nonindigenous Aquatic Nuisance Prevention and Control Act of 

1990. 

Sec. 707. Special consideration for vessels of historical significance. 

TITLE VIII—PIRACY 

Sec. 801. Short title. 

Sec. 802. Report on actions taken to protect foreign-flagged vessels from piracy. 

Sec. 803. Training program for use of force against piracy. 

Sec. 804. Security of Government impelled cargo. 

Sec. 805. GAO study. 


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1 TITLE I—AUTHORIZATION 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 Funds are authorized to be appropriated for each of 

4 the fiscal years 2012, 2013, and 2014 for necessary ex5 penses of the Coast Guard as follows: 

6 (1) For the operation and maintenance of the 

7 Coast Guard— 

8 (A) $6,819,505,000 for fiscal year 2012; 

9 (B) $6,922,645,000 for fiscal year 2013; 

10 and 

11 (C) $7,018,499,000 for fiscal year 2014; 

12 of which $24,500,000 is authorized for each of the 

13 fiscal years 2012, 2013, and 2014 to be derived 

14 from the Oil Spill Liability Trust Fund to carry out 

15 the purposes of section 1012(a)(5) of the Oil Pollu16 tion Act of 1990 (33 U.S.C. 2712(a)(5)). 

17 (2) For the acquisition, construction, rebuild18 ing, and improvement of aids to navigation, shore 

19 and offshore facilities, vessels, and aircraft, includ20 ing related equipment thereto— 

21 (A) $1,503,980,000 for fiscal year 2012; 

22 (B) $1,505,312,000 for fiscal year 2013; 

23 and 

24 (C) $1,506,549,000 for fiscal year 2014; 


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1 to remain available until expended, of which 

2 $20,000,000 for each of the fiscal years 2012, 2013, 

3 and 2014 shall be derived from the Oil Spill Liabil4 ity Trust Fund to carry out the purposes of section 

5 1012(a)(5) of the Oil Pollution Act of 1990. 

6 (3) For the Coast Guard Reserve program, in7 cluding personnel and training costs, equipment, and 

8 services— 

9 (A) $136,778,000 for fiscal year 2012; 

10 (B) $138,111,000 for fiscal year 2013; and 

11 (C) $139,311,000 for fiscal year 2014. 

12 (4) For environmental compliance and restora13 tion of Coast Guard vessels, aircraft, and facilities 

14 (other than parts and equipment associated with op15 eration and maintenance)— 

16 (A) $16,699,000 for fiscal year 2012; 

17 (B) $16,699,000 for fiscal year 2013; and 

18 (C) $16,700,000 for fiscal year 2014; 

19 to remain available until expended. 

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

21 research, development, test, and evaluation of tech22 nologies, materials, and human factors directly re23 lated to improving the performance of the Coast 

24 Guard’s mission in search and rescue, aids to navi25 gation, marine safety, marine environmental protecVerDate Mar 15 2010 01:19 Nov 17, 2011 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2838.RFS H2838

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1 tion, enforcement of laws and treaties, ice oper2 ations, oceanographic research, and defense readi3 ness— 

4 (A) $19,779,000 for fiscal year 2012; 

5 (B) $19,848,000 for fiscal year 2013; and 

6 (C) $19,913,000 for fiscal year 2014; 

7 of which $650,000 for each of the fiscal years 2012, 

8 2013, and 2014 shall be derived from the Oil Spill 

9 Liability Trust Fund to carry out the purposes of 

10 section 1012(a)(5) of the Oil Pollution Act of 1990. 

11 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

12 AND TRAINING. 

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

14 authorized an end-of-year strength for active duty per15 sonnel of 47,000 for each of the fiscal years 2012 through 

16 fiscal year 2014. 

17 (b) MILITARY TRAINING STUDENT LOADS.—The 

18 Coast Guard is authorized average military training stu19 dent loads for the each of the fiscal years 2012 through 

20 fiscal year 2014 as follows: 

21 (1) For recruit and special training, 2,500 stu22 dent years. 

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

24 (3) For professional training in military and ci25 vilian institutions, 350 student years. 


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

2 TITLE II—COAST GUARD AND 

3 SERVICEMEMBER PARITY 

4 SEC. 201. ACADEMY EMOLUMENTS. 

5 Section 195 of title 14, United States Code, is 

6 amended— 

7 (1) in subsection (c)— 

8 (A) in the first sentence— 

9 (i) by striking ‘‘person’’ and inserting 

10 ‘‘foreign national’’; and 

11 (ii) by striking ‘‘pay and allowances,’’ 

12 and inserting ‘‘pay, allowances, and emolu13 ments,’’; and 

14 (B) in the second sentence— 

15 (i) by striking ‘‘A person’’ and insert16 ing ‘‘A foreign national’’; and 

17 (ii) by striking ‘‘pay and allowances,’’ 

18 and inserting ‘‘pay, allowances, and emolu19 ments,’’; and 

20 (2) in subsection (d), by striking ‘‘A person’’ 

21 and inserting ‘‘A foreign national’’. 


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1 SEC. 202. POLICY ON SEXUAL HARASSMENT AND SEXUAL 

2 VIOLENCE. 

3 (a) POLICY REQUIREMENT.—Chapter 9 of title 14, 

4 United States Code, is amended by adding at the end the 

5 following: 

6 ‘‘§ 200. Policy on sexual harassment and sexual vio7 lence 

8 ‘‘(a) REQUIRED POLICY.—The Commandant shall di9 rect the Superintendent of the Coast Guard Academy to 

10 prescribe a policy on sexual harassment and sexual vio11 lence applicable to the cadets and other personnel of the 

12 Coast Guard Academy. 

13 ‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The 

14 policy on sexual harassment and sexual violence prescribed 

15 under this section shall include specification of the fol16 lowing: 

17 ‘‘(1) Programs to promote awareness of the in18 cidence of rape, acquaintance rape, and other sexual 

19 offenses of a criminal nature that involve cadets or 

20 other Academy personnel. 

21 ‘‘(2) Procedures that a cadet should follow in 

22 the case of an occurrence of sexual harassment or 

23 sexual violence, including— 

24 ‘‘(A) if the cadet chooses to report an oc25 currence of sexual harassment or sexual vio26 lence, a specification of the person or persons to 


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1 whom the alleged offense should be reported 

2 and the options for confidential reporting; 

3 ‘‘(B) a specification of any other person 

4 whom the victim should contact; and 

5 ‘‘(C) procedures on the preservation of evi6 dence potentially necessary for proof of criminal 

7 sexual assault. 

8 ‘‘(3) Procedures for disciplinary action in cases 

9 of alleged criminal sexual assault involving a cadet 

10 or other Academy personnel. 

11 ‘‘(4) Any other sanction authorized to be im12 posed in a substantiated case of sexual harassment 

13 or sexual violence involving a cadet or other Acad14 emy personnel in rape, acquaintance rape, or any 

15 other criminal sexual offense, whether forcible or 

16 nonforcible. 

17 ‘‘(5) Required training on the policy for all ca18 dets and other Academy personnel, including the 

19 specific training required for personnel who process 

20 allegations of sexual harassment or sexual violence 

21 involving Academy personnel. 

22 ‘‘(c) ANNUAL ASSESSMENT.— 

23 ‘‘(1) The Commandant shall direct the Super24 intendent of the Academy to conduct at the Acad25 emy during each Academy program year an assessVerDate Mar 15 2010 01:19 Nov 17, 2011 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2838.RFS H2838

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1 ment to determine the effectiveness of the policies, 

2 training, and procedures of the Academy with re3 spect to sexual harassment and sexual violence in4 volving Academy personnel. 

5 ‘‘(2) For the assessment at the Academy under 

6 paragraph (1) with respect to an Academy program 

7 year that begins in an odd-numbered calendar year, 

8 the Superintendent shall conduct a survey of Acad9 emy personnel— 

10 ‘‘(A) to measure— 

11 ‘‘(i) the incidence, during that pro12 gram year, of sexual harassment and sex13 ual violence events, on or off the Academy 

14 reservation, that have been reported to of15 ficials of the Academy; and 

16 ‘‘(ii) the incidence, during that pro17 gram year, of sexual harassment and sex18 ual violence events, on or off the Academy 

19 reservation, that have not been reported to 

20 officials of the Academy; and 

21 ‘‘(B) to assess the perceptions of Academy 

22 personnel of— 

23 ‘‘(i) the policies, training, and proce24 dures on sexual harassment and sexual vio25 lence involving Academy personnel; 


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1 ‘‘(ii) the enforcement of such policies; 

2 ‘‘(iii) the incidence of sexual harass3 ment and sexual violence involving Acad4 emy personnel; and 

5 ‘‘(iv) any other issues relating to sex6 ual harassment and sexual violence involv7 ing Academy personnel. 

8 ‘‘(d) ANNUAL REPORT.— 

9 ‘‘(1) The Commandant shall direct the Super10 intendent of the Academy to submit to the Com11 mandant a report on sexual harassment and sexual 

12 violence involving cadets or other personnel at the 

13 Academy for each Academy program year. 

14 ‘‘(2) Each report under paragraph (1) shall in15 clude, for the Academy program year covered by the 

16 report, the following: 

17 ‘‘(A) The number of sexual assaults, rapes, 

18 and other sexual offenses involving cadets or 

19 other Academy personnel that have been re20 ported to Academy officials during the program 

21 year and, of those reported cases, the number 

22 that have been substantiated. 

23 ‘‘(B) The policies, procedures, and proc24 esses implemented by the Commandant and the 

25 leadership of the Academy in response to sexual 


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1 harassment and sexual violence involving cadets 

2 or other Academy personnel during the pro3 gram year. 

4 ‘‘(C) A plan for the actions that are to be 

5 taken in the following Academy program year 

6 regarding prevention of and response to sexual 

7 harassment and sexual violence involving cadets 

8 or other Academy personnel. 

9 ‘‘(3) Each report under paragraph (1) for an 

10 Academy program year that begins in an odd-num11 bered calendar year shall include the results of the 

12 survey conducted in that program year under sub13 section (c)(2). 

14 ‘‘(4)(A) The Commandant shall transmit to the 

15 Board of Visitors of the Academy each report re16 ceived by the Commandant under this subsection, to17 gether with the Commandant’s comments on the re18 port. 

19 ‘‘(B) The Commandant shall transmit each 

20 such report, together with the Commandant’s com21 ments on the report, to the Committee on Com22 merce, Science, and Transportation of the Senate 

23 and the Committee on Transportation and Infra24 structure of the House of Representatives.’’. 


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1 (b) CONFORMING REPEAL.—Section 217 of the Coast 

2 Guard Authorization Act of 2010 (14 U.S.C. 93 note), 

3 and the item relating to such section in the table of con4 tents in section 1(b) of such Act, are repealed. 

5 (c) TECHNICAL AND CLERICAL AMENDMENTS.—The 

6 analysis at the beginning of such chapter is amended by 

7 adding at the end the following: 

‘‘200. Policy on sexual harassment and sexual violence.’’. 

8 SEC. 203. APPOINTMENTS OF PERMANENT COMMISSIONED 

9 OFFICERS. 

10 Section 211 of title 14, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(d) For the purposes of this section, the term ‘origi13 nal’, with respect to the appointment of a member of the 

14 Coast Guard refers to that member’s most recent appoint15 ment in the Coast Guard that is neither a promotion nor 

16 a demotion.’’. 

17 SEC. 204. MINOR CONSTRUCTION. 

18 (a) IN GENERAL.—Section 656 of title 14, United 

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘(d) MINOR CONSTRUCTION AND IMPROVEMENT.— 

22 ‘‘(1) Subject to the reporting requirements set 

23 forth in paragraph (2), the Secretary may expend 

24 not more than $1,500,000 from amounts available 

25 for the operating expenses of the Coast Guard for 


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1 minor construction and improvement projects at any 

2 location. 

3 ‘‘(2) No later than 90 days after the end of 

4 each fiscal year, the Secretary shall submit, to the 

5 Committee on Commerce, Science, and Transpor6 tation of the Senate and the Committee on Trans7 portation and Infrastructure of the House of Rep8 resentatives, a report on each project undertaken 

9 during the course of the preceding fiscal year, for 

10 which the amount expended under paragraph (1) ex11 ceeded $500,000.’’. 

12 (b) CLERICAL AMENDMENT.— 

13 (1) Section 656 of title 14, United States Code, 

14 is further amended in the heading by adding at the 

15 end the following: ‘‘; use of moneys appro16 priated for operating expenses for minor 

17 construction and improvement’’. 

18 (2) The analysis at the beginning of chapter 17 

19 of such title is amended in the item relating to sec20 tion 656 by striking ‘‘waters.’’ and inserting 

21 ‘‘waters; use of moneys appropriated for operating 

22 expenses for minor construction and improvement.’’. 


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1 SEC. 205. TREATMENT OF REPORTS OF AIRCRAFT ACCI2 DENT INVESTIGATIONS. 

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

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 678. Treatment of reports of aircraft accident in7 vestigations 

8 ‘‘(a) IN GENERAL.—Whenever the Commandant con9 ducts an accident investigation of an accident involving an 

10 aircraft under the jurisdiction of the Commandant, the 

11 records and report of the investigation shall be treated in 

12 accordance with this section. 

13 ‘‘(b) PUBLIC DISCLOSURE OF CERTAIN ACCIDENT

14 INVESTIGATION INFORMATION.— 

15 ‘‘(1) Subject to paragraph (2), the Com16 mandant, upon request, shall publicly disclose un17 classified tapes, scientific reports, and other factual 

18 information pertinent to an aircraft accident inves19 tigation. 

20 ‘‘(2) The Commandant shall not disclose the in21 formation requested in paragraph (1) unless the 

22 Commandant determines— 

23 ‘‘(A) that such tapes, reports, or other in24 formation would be included within and releas25 able with the final accident investigation report; 

26 and 


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1 ‘‘(B) that release of such tapes, reports, or 

2 other information— 

3 ‘‘(i) would not undermine the ability 

4 of accident or safety investigators to con5 tinue to conduct the investigation; and 

6 ‘‘(ii) would not compromise national 

7 security. 

8 ‘‘(3) A disclosure under paragraph (1) may not 

9 be made by or through officials with responsibility 

10 for, or who are conducting, a safety investigation 

11 with respect to the accident. 

12 ‘‘(c) OPINIONS REGARDING CAUSATION OF ACCI13 DENT.—Following an aircraft accident referred to in sub14 section (a)— 

15 ‘‘(1) if the evidence surrounding the accident is 

16 sufficient for the investigators who conduct the acci17 dent investigation to come to an opinion as to the 

18 cause or causes of the accident, the final report of 

19 the accident investigation shall set forth the opinion 

20 of the investigators as to the cause or causes of the 

21 accident; and 

22 ‘‘(2) if the evidence surrounding the accident is 

23 not sufficient for the investigators to come to an 

24 opinion as to the cause or causes of the accident, the 

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1 clude a description of those factors, if any, that, in 

2 the opinion of the investigators, substantially con3 tributed to or caused the accident. 

4 ‘‘(d) USE OF INFORMATION IN CIVIL PRO5 CEEDINGS.—For purposes of any civil or criminal pro6 ceeding arising from an aircraft accident referred to in 

7 subsection (a), any opinion of the accident investigators 

8 as to the cause of, or the factors contributing to, the acci9 dent set forth in the accident investigation report may not 

10 be considered as evidence in such proceeding, nor may 

11 such report be considered an admission of liability by the 

12 United States or by any person referred to in such report. 

13 ‘‘(e) REGULATIONS.—The Commandant shall pre14 scribe regulations to carry out this section. 

15 ‘‘(f) DEFINITIONS.—For purposes of this section— 

16 ‘‘(1) the term ‘accident investigation’ means 

17 any form of investigation by Coast Guard personnel 

18 of an aircraft accident referred to in subsection (a), 

19 other than a safety investigation; and 

20 ‘‘(2) the term ‘safety investigation’ means an 

21 investigation by Coast Guard personnel of an air22 craft accident referred to in subsection (a), that is 

23 conducted solely to determine the cause of the acci24 dent and to obtain information that may prevent the 

25 occurrence of similar accidents.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis at the be2 ginning of such chapter is amended by adding at the end 

3 the following: 

‘‘678. Treatment of reports of aircraft accident investigations.’’. 

4 SEC. 206. ACQUISITION WORKFORCE EXPEDITED HIRING 

5 AUTHORITY. 

6 Section 404 of the Coast Guard Authorization Act 

7 of 2010 (Public Law 111–281; 124 Stat. 2950) is amend8 ed— 

9 (1) in subsection (a)(1), by striking ‘‘as short10 age category positions;’’ and inserting ‘‘as positions 

11 for which there exists a shortage of candidates or 

12 there is a critical hiring need;’’; and 

13 (2) in subsection (b)— 

14 (A) by striking ‘‘paragraph’’ and inserting 

15 ‘‘section’’; and 

16 (B) by striking ‘‘2012.’’ and inserting 

17 ‘‘2015.’’. 

18 SEC. 207. COAST GUARD HOUSING REPORT. 

19 In conjunction with the transmittal by the President 

20 of the budget of the United States for fiscal year 2013, 

21 the Commandant of the Coast Guard shall submit to the 

22 Committee on Commerce, Science, and Transportation of 

23 the Senate and the Committee on Transportation and In24 frastructure of the House of Representatives a report on 


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1 the status of Coast Guard servicemember housing, includ2 ing— 

3 (1) a statement of the Coast Guard’s housing 

4 needs requirements; 

5 (2) an assessment of the condition of the Coast 

6 Guard’s current housing inventory, including both 

7 leased and owned property; 

8 (3) an assessment of housing available for 

9 Coast Guard use from surrounding communities and 

10 other government agencies for all duty stations; 

11 (4) a list of housing capacity shortfalls and ex12 cess; and 

13 (5) a revised prioritized list of housing mainte14 nance and recapitalization projects. 

15 SEC. 208. ADVANCE PROCUREMENT FUNDING. 

16 (a) IN GENERAL.—Subchapter II of chapter 15 of 

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

18 end the following: 

19 ‘‘§ 577. Advance procurement funding 

20 ‘‘(a) IN GENERAL.—With respect to any Coast Guard 

21 vessel for which amounts are appropriated or otherwise 

22 made available for vessels for the Coast Guard in any fis23 cal year, the Commandant, subject to section 569a(a) for 

24 the sixth national security cutter and section 569a for the 

25 seventh national security cutter, may enter into a contract 


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1 or place an order, in advance of a contract or order for 

2 construction of a vessel, for— 

3 ‘‘(1) materials, parts, components, and labor for 

4 the vessel; 

5 ‘‘(2) the advance construction of parts or com6 ponents for the vessel; 

7 ‘‘(3) protection and storage of materials, parts, 

8 or components for the vessel; and 

9 ‘‘(4) production planning, design, and other re10 lated support services that reduce the overall pro11 curement lead time of the vessel. 

12 ‘‘(b) USE OF MATERIALS, PARTS, AND COMPONENTS

13 MANUFACTURED IN THE UNITED STATES.—In entering 

14 into contracts and placing orders under subsection (a), the 

15 Commandant shall give priority to persons that manufac16 ture materials, parts, and components in the United 

17 States.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis at the be19 ginning of such chapter is amended by adding at the end 

20 of the items relating to such subchapter the following: 

‘‘577. Advance procurement funding.’’. 


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1 TITLE III—COAST GUARD 

2 REFORM 

3 SEC. 301. REPEALS. 

4 (a) DISTRICT OMBUDSMAN.—Section 55 of title 14, 

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

6 in the analysis for chapter 3 of such title, are repealed. 

7 (b) FAA AIR AIDS TO NAVIGATION.—Section 82 of 

8 title 14, United States Code, and the item relating to such 

9 section in the analysis for chapter 5 of such title, are re10 pealed. 

11 (c) OCEAN STATIONS.—Section 90 of title 14, United 

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

13 analysis for chapter 5 of such title, are repealed. 

14 (d) DETAIL OF MEMBERS TO ASSIST FOREIGN GOV15 ERNMENTS.—Section 149(a) of title 14, United States 

16 Code, is amended by striking the second and third sen17 tences. 

18 (e) ADVISORY COMMITTEE.—Section 193 of title 14, 

19 United States Code, and the item relating to such section 

20 in the analysis for chapter 9 of such title, are repealed. 

21 (f) HISTORY FELLOWSHIPS.—Section 198 of title 14, 

22 United States Code, and the item relating to such section 

23 in the analysis for chapter 9 of such title, are repealed. 


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1 (g) ACQUISITION AWARDS.—Section 563 of title 14, 

2 United States Code, and the item relating to such section 

3 in the analysis for chapter 15 of such title, are repealed. 

4 SEC. 302. INTERFERENCE WITH COAST GUARD TRANS5 MISSIONS. 

6 Section 88 of title 14, United States Code, is amend7 ed by adding the following: 

8 ‘‘(e) An individual who knowingly and willfully oper9 ates a device that interferes with the broadcast or recep10 tion of a radio, microwave, or other signal (including a 

11 signal from a global positioning system) transmitted, re12 transmitted, or augmented by the Coast Guard for the 

13 purpose of maritime safety is— 

14 ‘‘(1) guilty of a class E felony; and 

15 ‘‘(2) subject to civil penalty of not more than 

16 $1,000 per day for each violation.’’. 

17 SEC. 303. NATIONAL SECURITY CUTTERS. 

18 (a) IN GENERAL.—Subchapter I of chapter 15 of title 

19 14, United States Code is amended by adding at the end 

20 the following new section: 

21 ‘‘§ 569a. National security cutters 

22 ‘‘(a) SIXTH NATIONAL SECURITY CUTTER.—The 

23 Commandant may not begin production of a sixth national 

24 security cutter on any date before which the Com25 mandant— 


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1 ‘‘(1) has acquired a sufficient number of Long 

2 Range Interceptor II and Cutter Boat Over the Ho3 rizon IV small boats for each of the first three na4 tional security cutters and has submitted to the 

5 Committee on Commerce, Science, and Transpor6 tation of the Senate and the Committee on Trans7 portation and Infrastructure of the House of Rep8 resentatives a plan to provide such boats upon the 

9 date of delivery of each subsequent national security 

10 cutter; 

11 ‘‘(2) has achieved the goal of 225 days away 

12 from homeport for each of the first two national se13 curity cutters; and 

14 ‘‘(3) has submitted to the Committee on Com15 merce, Science, and Transportation of the Senate 

16 and the Committee on Transportation and Infra17 structure of the House of Representatives a program 

18 execution plan detailing increased aerial coverage to 

19 support national security cutter operations. 

20 ‘‘(b) SEVENTH NATIONAL SECURITY CUTTER.—The 

21 Commandant may not begin production of a seventh na22 tional security cutter on any date before which the Com23 mandant has selected an offshore patrol cutter that meets 

24 at least the minimum operational requirements set out in 

25 the Operational Requirements Document approved by the 


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1 department in which the Coast Guard is operating on Oc2 tober 20, 2010.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis at the be4 ginning of such chapter is amended by adding at the end 

5 of the items relating to such subchapter the following: 

‘‘569a. National security cutters.’’. 

6 SEC. 304. MAJOR ACQUISITIONS REPORT. 

7 (a) IN GENERAL.—Subchapter I of chapter 15 of title 

8 14, United States Code, is further amended by adding at 

9 the end the following: 

10 ‘‘§ 569b. Major acquisitions report 

11 ‘‘(a) MAJOR ACQUISITION PROGRAMS IMPLEMENTA12 TION REPORT.—In conjunction with the transmittal by 

13 the President of the budget of the United States for fiscal 

14 year 2013 and every two fiscal years thereafter, the Sec15 retary shall submit to the Committee on Commerce, 

16 Science, and Transportation of the Senate and the Com17 mittee on Transportation and Infrastructure of the House 

18 of Representatives a report on the status of all major ac19 quisition programs. 

20 ‘‘(b) INFORMATION TO BE INCLUDED.—The report 

21 shall include for each major acquisition program— 

22 ‘‘(1) a statement of Coast Guard’s mission 

23 needs and performance goals for such program, in24 cluding a justification for any change to those needs 


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1 and goals from any report previously submitted 

2 under this subsection; 

3 ‘‘(2) a justification for how the projected num4 ber and capabilities of each planned acquisition pro5 gram asset meets those mission needs and perform6 ance goals; 

7 ‘‘(3) an identification of any and all mission 

8 hour gaps, accompanied by an explanation on how 

9 and when the Coast Guard will close those gaps; 

10 ‘‘(4) an identification of any changes to such 

11 program, including— 

12 ‘‘(A) any changes to the timeline for the 

13 acquisition of each new asset and the phase out 

14 of legacy assets; and 

15 ‘‘(B) any changes to the costs of new as16 sets and legacy assets for that fiscal year, fu17 ture fiscal years, or the total acquisition cost; 

18 ‘‘(5) a justification for how any change to such 

19 program fulfills the mission needs and performance 

20 goals of the Coast Guard; 

21 ‘‘(6) a description of how the Coast Guard is 

22 planning for the integration of each new asset ac23 quired under such program into the Coast Guard, 

24 including needs related to shore-based infrastructure 

25 and human resources; 


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1 ‘‘(7) an identification of how funds in that fis2 cal year’s budget request will be allocated, including 

3 information on the purchase of specific assets; 

4 ‘‘(8) a projection of the remaining operational 

5 lifespan and lifecycle cost of each legacy asset that 

6 also identifies any anticipated resource gaps; 

7 ‘‘(9) a detailed explanation of how the costs of 

8 the legacy assets are being accounted for within such 

9 program; 

10 ‘‘(10) an annual performance comparison of 

11 new assets to legacy assets; and 

12 ‘‘(11) an identification of the scope of the an13 ticipated acquisitions workload for the next fiscal 

14 year; the number of officers, members, and employ15 ees of the Coast Guard currently assigned to posi16 tions in the acquisition workforce; and a determina17 tion on the adequacy of the current acquisition 

18 workforce to meet that anticipated workload, includ19 ing the specific positions that are or will be under20 staffed, and actions that will be taken to correct 

21 such understaffing. 

22 ‘‘(c) CUTTERS NOT MAINTAINED IN CLASS.—Each 

23 report under subsection (a) shall identify which, if any, 

24 Coast Guard cutters that have been issued a certificate 

25 of classification by the American Bureau of Shipping have 


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1 not been maintained in class with an explanation detailing 

2 the reasons why they have not been maintained in class. 

3 ‘‘(d) DEFINITION.—For the purposes of this section, 

4 the term ‘major acquisition program’ means an ongoing 

5 acquisition undertaken by the Coast Guard with a life6 cycle cost estimate greater than or equal to 

7 $300,000,000.’’. 

8 (b) CLERICAL AMENDMENT.—The analysis at the be9 ginning of such chapter is further amended by adding at 

10 the end of the items relating to such subchapter the fol11 lowing: 

‘‘569b. Major acquisitions report.’’. 

12 (c) REPEAL.— 

13 (1) Section 408 of the Coast Guard and Mari14 time Transportation Act of 2006 (120 Stat. 537) is 

15 amended by striking subsection (a). 

16 (2) Title 14, United States Code, is amended— 

17 (A) in section 562, by striking subsection 

18 (e) and redesignating subsections (f) and (g) as 

19 subsections (e) and (f), respectively; and 

20 (B) in section 573(c)(3), by striking sub21 paragraph (B). 

22 SEC. 305. ENVIRONMENTAL COMPLIANCE AND RESTORA23 TION BACKLOG. 

24 (a) IN GENERAL.—Section 693 of title 14, United 

25 States Code, is amended to read as follows: 


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1 ‘‘§ 693. Annual report to Congress 

2 ‘‘The Commandant of the Coast Guard shall submit 

3 to the Committee on Transportation and Infrastructure 

4 of the House of Representatives and the Committee on 

5 Commerce, Science, and Transportation of the Senate the 

6 prioritized list of projects eligible for environmental com7 pliance and restoration funding for each fiscal year con8 current with the President’s budget submission for that 

9 fiscal year.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 19 of such title is amended by striking the item for 

12 such section and inserting the following: 

‘‘693. Annual report to Congress.’’. 

13 SEC. 306. COAST GUARD AUXILIARIST ENROLLMENT ELIGI14 BILITY. 

15 Section 823 of title 14, United States Code, is 

16 amended by striking ‘‘citizens of the United States and 

17 its territories and possessions,’’ and inserting ‘‘nationals 

18 of the United States (as such term is defined in section 

19 101(a)(22) of the Immigration and Nationality Act (8 

20 U.S.C. 1101(a)(22)) and aliens lawfully admitted for per21 manent residence (as such term is defined in section 

22 101(a)(20) of such Act (8 U.S.C. 1101 (a)(20))),’’. 

23 SEC. 307. DECOMMISSIONINGS. 

24 (a) POLAR SEA.—Not later than 6 months after the 

25 date of enactment of this Act, the Commandant of the 


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1 Coast Guard shall decommission the USCGC POLAR 

2 SEA (WAGB 11). 

3 (b) POLAR STAR.—Not later than 3 years after the 

4 date of enactment of this Act, the Commandant of the 

5 Coast Guard shall decommission the USCGC POLAR 

6 STAR (WAGB 10). 

7 SEC. 308. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST 

8 GUARD PRESENCE IN HIGH LATITUDE RE9 GIONS. 

10 Not later than 60 days after the date of enactment 

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

12 Coast Guard is operating shall submit a report to the 

13 Committee on Commerce, Science, and Transportation of 

14 the Senate and the Committee on Transportation and In15 frastructure of the House of Representatives assessing the 

16 need for additional Coast Guard prevention and response 

17 capability in the high latitude regions. The assessment 

18 shall address needs for all Coast Guard mission areas, in19 cluding search and rescue, marine pollution response and 

20 prevention, fisheries enforcement, and maritime com21 merce. The Secretary shall include in the report— 

22 (1) an assessment of the high latitude operating 

23 capabilities of all current Coast Guard assets other 

24 than icebreakers, including assets acquired under 

25 the Deepwater program; 


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1 (2) an assessment of projected needs for Coast 

2 Guard operations in the high latitude regions; and 

3 (3) an assessment of shore infrastructure, per4 sonnel, logistics, communications, and resources re5 quirements to support Coast Guard operations in the 

6 high latitude regions, including forward operating 

7 bases and existing infrastructure in the furthest 

8 north locations that are ice free, or nearly ice free, 

9 year round. 

10 SEC. 309. LIMITATION ON EXPENDITURES. 

11 Section 149(d) of title 14, United States Code, is 

12 amended by adding at the end the following: 

13 ‘‘(3) The amount of funds used under this sub14 section may not exceed $100,000 in any fiscal 

15 year.’’. 

16 SEC. 310. RESTRICTION ON THE USE OF AIRCRAFT. 

17 (a) RESTRICTION.—Except as provided in subsection 

18 (b), the Secretary of the department in which the Coast 

19 Guard is operating and the Commandant of the Coast 

20 Guard may not travel aboard any Coast Guard owned or 

21 operated fixed-wing aircraft if the Secretary has not pro22 vided the Committee on Transportation and Infrastruc23 ture of the House of Representatives and the Committee 

24 on Commerce, Science, and Transportation of the Senate 

25 all of the following: 


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1 (1) A cost-constrained Fleet Mix Analysis. 

2 (2) The study of Coast Guard current and 

3 planned cutters conducted by the Office of Program 

4 Analysis and Evaluation of the Department of 

5 Homeland Security at the request of the Office of 

6 Management and Budget. 

7 (b) EXCEPTION.—The Secretary and the Com8 mandant may travel aboard a Coast Guard owned and op9 erated fixed-wing aircraft— 

10 (1) to respond to a major disaster or emergency 

11 declared under section 401 of the Robert T. Stafford 

12 Disaster Relief and Emergency Assistance Act (42 

13 U.S.C. 5170); 

14 (2) to respond to a discharge classified as a 

15 spill of national significance under part 300.323 of 

16 title 40, Code of Federal Regulations; or 

17 (3) for evacuation purposes including for a 

18 medical emergency. 

19 TITLE IV—SHIPPING AND 

20 NAVIGATION 

21 SEC. 401. COMMITTEE ON THE MARINE TRANSPORTATION 

22 SYSTEM. 

23 (a) IN GENERAL.—Chapter 555 of title 46, United 

24 States Code, is amended by adding at the end the fol25 lowing: 


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1 ‘‘§ 55502. Committee on the Marine Transportation 

2 System 

3 ‘‘(a) ESTABLISHMENT.—There is established a Com4 mittee on the Marine Transportation System (in this sec5 tion referred to as the ‘Committee’). 

6 ‘‘(b) PURPOSE.—The Committee shall— 

7 ‘‘(1) assess the adequacy of the marine trans8 portation system (including ports, waterways, chan9 nels, and their intermodal connections); 

10 ‘‘(2) develop and implement policies to promote 

11 an efficient marine transportation system; 

12 ‘‘(3) coordinate policies among Federal agencies 

13 to promote an efficient marine transportation sys14 tem; and 

15 ‘‘(4) coordinate with local businesses to promote 

16 an efficient marine transportation system. 

17 ‘‘(c) MEMBERSHIP.— 

18 ‘‘(1) IN GENERAL.—The Committee shall con19 sist of the Secretary of Transportation, the Sec20 retary of Defense, the Secretary of Homeland Secu21 rity, the Secretary of Commerce, the Secretary of 

22 the Treasury, the Secretary of State, the Secretary 

23 of the Interior, the Secretary of Agriculture, the At24 torney General, the Secretary of Labor, the Sec25 retary of Energy, the Administrator of the Environ26 mental Protection Agency, the Chairman of the FedVerDate Mar 15 2010 01:19 Nov 17, 2011 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H2838.RFS H2838

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1 eral Maritime Commission, and the head of any 

2 other Federal agency that the Committee Chair, 

3 with the approval of a majority of the voting mem4 bers of the Committee, determines can further the 

5 purpose and activities of the Committee. 

6 ‘‘(2) EX-OFFICIO MEMBERS.—The Committee 

7 may also consist of so many nonvoting members as 

8 the Committee Chair, with the approval of a major9 ity of the voting members of the Committee, deter10 mines is appropriate to further the purpose and ac11 tivities of the Committee. 

12 ‘‘(3) CHAIRMAN.—The Chair of the Committee 

13 shall rotate each year among the Secretary of Trans14 portation, the Secretary of Defense, the Secretary of 

15 Homeland Security, and the Secretary of Commerce. 

16 The order of rotation shall be determined with the 

17 approval of a majority of the voting members of the 

18 Committee. 

19 ‘‘(d) SUPPORT.— 

20 ‘‘(1) COORDINATING BOARD.—Each member of 

21 the Committee may select a senior level representa22 tive to serve on a coordinating board which shall as23 sist the Committee in carrying out its purpose and 

24 activities. 


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1 ‘‘(2) EXECUTIVE DIRECTOR.—The Secretary of 

2 Transportation, in consultation with the Secretary of 

3 Defense, the Secretary of Homeland Security, and 

4 the Secretary of Commerce, shall select an executive 

5 director to assist the Committee in carrying out its 

6 purpose and activities. 

7 ‘‘(e) MARINE TRANSPORTATION SYSTEM ASSESS8 MENT AND STRATEGY.—Not later than one year after the 

9 date of enactment of this Act and every 5 years thereafter, 

10 the Committee shall provide a report to Congress which 

11 includes— 

12 ‘‘(1) steps taken to implement actions rec13 ommended in the July 2008 ‘National Strategy for 

14 the Marine Transportation System: A Framework 

15 for Action’; 

16 ‘‘(2) an assessment of the condition of the ma17 rine transportation system; 

18 ‘‘(3) a discussion of the challenges the system 

19 faces in meeting user demand; 

20 ‘‘(4) a plan with recommended actions for im21 proving the marine transportation system to meet 

22 current and future challenges; and 

23 ‘‘(5) steps taken to implement actions rec24 ommended in previous reports required under this 

25 subsection. 


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1 ‘‘(f) CONSULTATION.—In carrying out its purpose 

2 and activities, the Committee may consult with the Marine 

3 Transportation System National Advisory Council, inter4 ested parties, and the public.’’. 

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

6 at the beginning of such chapter is amended by inserting 

7 after the item relating to section 55501 the following: 

‘‘55502. Committee on the Marine Transportation System.’’. 

8 SEC. 402. REPORT ON DETERMINATIONS. 

9 Not later than 180 days after the date of enactment 

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

11 Coast Guard is operating shall provide to the Committee 

12 on Transportation and Infrastructure of the House of 

13 Representatives and the Committee on Commerce, 

14 Science, and Transportation of the Senate a report on— 

15 (1) the loss of United States shipyard jobs and 

16 industrial base expertise as a result of rebuild, con17 version, and double-hull work on United States-flag 

18 vessels eligible to engage in the coastwise trade 

19 being performed in foreign shipyards; 

20 (2) enforcement of the Coast Guard’s foreign 

21 rebuild determination regulations; and 

22 (3) recommendations for improving the trans23 parency in the Coast Guard’s foreign rebuild deter24 mination process. 


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1 SEC. 403. DOCKSIDE EXAMINATIONS. 

2 (a) IN GENERAL.—Section 4502(f) of title 46, United 

3 states Code, is amended— 

4 (1) in paragraph (2) by striking ‘‘at least once 

5 every 2 years’’ and inserting ‘‘at least once every 5 

6 years’’; 

7 (2) by striking ‘‘and’’ after the semicolon at the 

8 end of paragraph (1); 

9 (3) by striking the period at the end of para10 graph (2) and inserting ‘‘; and’’; and 

11 (4) by adding at the end the following: 

12 ‘‘(3) shall complete the first examination of a 

13 dockside vessel under this section no later than Oc14 tober 15, 2015.’’. 

15 (b) DATABASE.—Section 4502(g)(4) of title 46, 

16 United States Code, is amended by striking ‘‘a publicly 

17 accessible’’ and inserting ‘‘an’’. 

18 SEC. 404. RECOURSE FOR NONCITIZENS. 

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

20 amended— 

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

22 the first sentence; and 

23 (2) by adding at the end the following new sub24 section: 

25 ‘‘(b) RESTRICTION ON RECOVERY FOR NON26 RESIDENT ALIENS EMPLOYED ON FOREIGN PASSENGER


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

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

3 citizen of a foreign nation, arising during or from the en4 gagement of the seaman by or for a passenger vessel duly 

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

6 brought under the laws of the United States if— 

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

8 alien of the United States at the time the claim 

9 arose; 

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

11 the territorial waters of the United States; and 

12 ‘‘(3) the seaman or the seaman’s personal rep13 resentative has or had a right to seek compensation 

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

15 of— 

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

17 registered at the time the claim arose; or 

18 ‘‘(B) the nation in which the seaman main19 tained citizenship or residency at the time the 

20 claim arose.’’. 

21 SEC. 405. MARITIME LIENS ON FISHING PERMITS. 

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

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

24 end the following: 


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1 ‘‘§ 31310. Limitation on maritime liens on fishing per2 mit and permit description 

3 ‘‘(a) IN GENERAL.—This chapter— 

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

5 permit that— 

6 ‘‘(A) authorizes a person or use of a vessel 

7 to engage in fishing; and 

8 ‘‘(B) is issued under State or Federal law; 

9 and 

10 ‘‘(2) does not authorize any civil action to en11 force a maritime lien on such a permit. 

12 ‘‘(b) FISHING PERMIT DESCRIBED.—A fishing per13 mit— 

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

15 law under which it was issued; and 

16 ‘‘(2) is not included in the whole of a vessel or 

17 as an appurtenance or intangible of a vessel for any 

18 purpose. 

19 ‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 

20 Nothing in subsections (a) and (b) shall be construed as 

21 imposing any limitation upon the authority of the Sec22 retary of Commerce to modify, suspend, revoke, or sanc23 tion any Federal fishery permit issued by the Secretary 

24 of Commerce or to bring a civil action to enforce such 

25 modification, suspension, revocation, or sanction.’’. 


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

2 at the beginning of such chapter is amended by inserting 

3 after the item relating to section 31309 the following: 

‘‘31310. Limitation on maritime liens on fishing permit and permit description.’’. 

4 SEC. 406. SHORT SEA TRANSPORTATION. 

5 (a) PURPOSE OF PROGRAM AND PROJECTS; REAU6 THORIZATION; TERMINATION.—Section 55601 of title 46, 

7 United States Code, is amended— 

8 (1) in subsection (a), by striking ‘‘landside con9 gestion.’’ and inserting ‘‘landside congestion and to 

10 promote increased use of the navigable waters of the 

11 United States for transportation of passengers or 

12 freight (or both).’’; 

13 (2) in subsection (c), by inserting ‘‘and to pro14 mote waterborne transportation between ports with15 in the United States’’ after ‘‘coastal corridors’’; 

16 (3) in subsection (d), by striking ‘‘that the 

17 project may—’’ and all that follows through the end 

18 of the subsection and inserting ‘‘that the project 

19 uses documented vessels and— 

20 ‘‘(1) mitigates landside congestion; or 

21 ‘‘(2) promotes waterborne transportation be22 tween ports of the United States.’’; 

23 (4) by striking subsection (f) and redesignating 

24 subsection (g) as subsection (f); 


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1 (5) in subsection (f), as so redesignated, by 

2 adding at the end the following: 

3 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated not more 

5 than $5,000,000 for each of the fiscal years 2012 

6 through fiscal year 2017 for grants under this sub7 section.’’; and 

8 (6) by adding at the end the following: 

9 ‘‘(g) TERMINATION OF AUTHORITY.—Authority 

10 granted to the Secretary under this section shall terminate 

11 September 30, 2017.’’. 

12 (b) SHORT SEA TRANSPORTATION DEFINITION.— 

13 Section 55605 of title 46, United States Code, is amended 

14 by striking ‘‘means the carriage by vessel of cargo—’’ and 

15 inserting ‘‘means the carriage of passengers or freight (or 

16 both) by a vessel documented under the laws of the United 

17 States—’’. 

18 SEC. 407. MISSION OF THE MARITIME ADMINISTRATION. 

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

20 amended— 

21 (1) in the subsection heading by striking ‘‘OR22 GANIZATION’’ and inserting ‘‘ORGANIZATION AND

23 MISSION’’; and 

24 (2) by inserting at the end the following: ‘‘The 

25 mission of the Maritime Administration is to foster, 


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1 promote, and develop the domestic merchant mari2 time industry of the United States.’’. 

3 SEC. 408. LIMITATION ON LIABILITY FOR NON-FEDERAL 

4 VESSEL TRAFFIC SERVICE OPERATORS. 

5 (a) IN GENERAL.—Section 2307 of title 46, United 

6 States Code, is amended— 

7 (1) by inserting ‘‘(a) COAST GUARD VESSEL

8 TRAFFIC SERVICE PILOTS’’ before ‘‘Any pilot’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(b) NON-FEDERAL VESSEL TRAFFIC SERVICE OP11 ERATORS.—An entity operating a non-Federal vessel traf12 fic information service or advisory service pursuant to a 

13 duly executed written agreement with the Coast Guard, 

14 and any person acting in accordance with operational pro15 cedures approved by the Coast Guard at such a non-Fed16 eral service, shall not be liable for damages caused by or 

17 related to information, advice, or communication assist18 ance provided by such entity or person while so operating 

19 or acting unless the acts or omissions of such entity or 

20 person constitute gross negligence or willful misconduct.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis at the be22 ginning of chapter 23 of such title is amended by striking 

23 the item relating to section 2307 and inserting the fol24 lowing: 

‘‘2307. Limitation on liability for Coast Guard Vessel Traffic Service pilots and 

non-Federal vessel traffic service operators.’’. 


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1 SEC. 409. AUTHORITY TO EXTEND THE DURATION OF MED2 ICAL CERTIFICATES. 

3 (a) IN GENERAL.—Chapter 75 of title 46, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 7508. Authority to extend the duration of medical 

7 certificates 

8 ‘‘(a) GRANTING OF EXTENSIONS.—Notwithstanding 

9 any other provision of law, the Secretary may extend for 

10 not more than one year a medical certificate issued to an 

11 individual holding a license, merchant mariner’s docu12 ment, or certificate of registry if the Secretary determines 

13 that the extension is required to enable the Coast Guard 

14 to eliminate a backlog in processing applications for med15 ical certificates or in response to a national emergency or 

16 natural disaster. 

17 ‘‘(b) MANNER OF EXTENSION.—An extension under 

18 this section may be granted to individual seamen or a spe19 cifically identified group of seamen.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis at the be21 ginning of such chapter is amended by adding at the end 

22 the following: 

‘‘7508. Authority to extend the duration of medical certificates.’’. 


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1 SEC. 410. IDENTIFICATION OF ACTIONS TO ENABLE QUALI2 FIED UNITED STATES FLAG CAPACITY TO 

3 MEET NATIONAL DEFENSE REQUIREMENTS. 

4 (a) IDENTIFICATION OF ACTIONS.—Section 501(b) of 

5 title 46, United States Code, is amended— 

6 (1) by inserting ‘‘(1)’’ before ‘‘When the head’’; 

7 and 

8 (2) by adding at the end the following: 

9 ‘‘(2) The Administrator of the Maritime Administra10 tion shall— 

11 ‘‘(A) in each determination referred to in para12 graph (1), identify any actions that could be taken 

13 to enable qualified United States flag capacity to 

14 meet national defense requirements; 

15 ‘‘(B) provide each such determination to the 

16 Secretary of Transportation and the head of the 

17 agency referred to in paragraph (1) for which the 

18 determination is made; and 

19 ‘‘(C) publish each such determination on the 

20 Internet site of the Department of Transportation 

21 within 48 hours after it is provided to the Secretary 

22 of Transportation. 

23 ‘‘(3)(A) The Administrator of the Maritime Adminis24 tration shall notify the Committees on Appropriations and 

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1 resentatives and the Committees on Appropriations and 

2 Commerce, Science, and Transportation of the Senate— 

3 ‘‘(i) of any request for a waiver of the naviga4 tion or vessel-inspection laws under this section not 

5 later than 48 hours after receiving the request; and 

6 ‘‘(ii) of the issuance of any waiver of compli7 ance of such a law not later than 48 hours after 

8 such issuance. 

9 ‘‘(B) The Administrator shall include in each notifi10 cation under subparagraph (A)(ii) an explanation of— 

11 ‘‘(i) the reasons the waiver is necessary; and 

12 ‘‘(ii) the reasons actions referred to in para13 graph (2)(A) are not feasible.’’. 

14 SEC. 411. CLASSIFICATION SOCIETIES. 

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

16 amended— 

17 (1) in subsection (b)(2)— 

18 (A) by striking ‘‘and’’ at the end of sub19 paragraph (A); 

20 (B) by striking the period at the end of 

21 subparagraph (B) and inserting ‘‘; and’’; and 

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

23 ‘‘(C) if the Secretary of State determines that 

24 the foreign classification society does not provide 


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1 comparable services in or for a state sponsor of ter2 rorism.’’; 

3 (2) in subsection (d)(2)— 

4 (A) by striking ‘‘and’’ at the end of sub5 paragraph (A); 

6 (B) by striking the period at the end of 

7 subparagraph (B) and inserting ‘‘; and’’; and 

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

9 ‘‘(C) if the Secretary of State determines that 

10 the foreign classification society does not provide 

11 comparable services in or for a state sponsor of ter12 rorism.’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(e) The Secretary shall revoke an existing delegation 

15 made to a foreign classification society under subsection 

16 (b) or (d) if the Secretary of State determines that the 

17 foreign classification society provides comparable services 

18 in or for a state sponsor of terrorism. 

19 ‘‘(f) In this section, the term ‘state sponsor of ter20 rorism’ means any country the government of which the 

21 Secretary of State has determined has repeatedly provided 

22 support for acts of international terrorism pursuant to 

23 section 6(j) of the Export Administration Act of 1979 (as 

24 continued in effect under the International Emergency 

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1 sistance Act of 1961, section 40 of the Arms Export Con2 trol Act, or any other provision of law.’’. 

3 TITLE V—FEDERAL MARITIME 

4 COMMISSION 

5 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

6 Section 501 of the Coast Guard and Maritime Trans7 portation Act of 2004 (Public Law 108–293; 118 Stat. 

8 1049) is amended by striking ‘‘Commission—’’ and all 

9 that follows through the period at the end of the section 

10 and inserting ‘‘Commission for each of the fiscal years 

11 2012 through 2015, $24,000,000.’’. 

12 TITLE VI—MISCELLANEOUS 

13 SEC. 601. TECHNICAL CORRECTIONS. 

14 (a) TITLE 14.—Title 14, United States Code, is 

15 amended— 

16 (1) in section 564, by striking subsection (d); 

17 and 

18 (2) in section 569(a), by striking ‘‘and annually 

19 thereafter,’’. 

20 (b) STUDY OF BRIDGES.—Section 905 of the Coast 

21 Guard Authorization Act of 2010 (Public Law 111–281; 

22 124 Stat. 3012) is amended to read as follows: 

23 ‘‘SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 

24 ‘‘The Commandant of the Coast Guard shall submit 

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1 tation of the Senate and the Committee on Transportation 

2 and Infrastructure of the House of Representatives a com3 prehensive study on the construction or alteration of any 

4 bridge, drawbridge, or causeway over the navigable waters 

5 of the United States with a channel depth of 25 feet or 

6 greater that may impede or obstruct future navigation to 

7 or from port facilities, for which a permit under the Act 

8 of March 23, 1906 (chapter 1130; 33 U.S.C. 491 et seq.), 

9 popularly known as the Bridge Act of 1906, was requested 

10 on or after January 1, 2006, and on or before August 

11 3, 2011.’’. 

12 SEC. 602. REPORT ON COAST GUARD MERCHANT MARINER 

13 MEDICAL EVALUATION PROGRAM. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of enactment of this Act, the Commandant of the 

16 Coast Guard shall submit to the Committee on Transpor17 tation and Infrastructure of the House of Representatives 

18 and the Committee on Commerce, Science, and Transpor19 tation of the Senate a report on the Coast Guard National 

20 Maritime Center’s merchant mariner medical evaluation 

21 program and alternatives to the program. 

22 (b) CONTENTS.—The report required under sub23 section (a) shall include the following: 


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1 (1) An overview of the adequacy of the program 

2 for making medical certification determinations for 

3 issuance of merchant mariners’ documents. 

4 (2) An analysis of how a system similar to the 

5 Federal Motor Carrier Safety Administration’s Na6 tional Registry of Certified Medical Examiners pro7 gram, and the Federal Aviation Administration’s 

8 Designated Aviation Medical Examiners program, 

9 could be applied by the Coast Guard to make med10 ical fitness determinations for issuance of merchant 

11 mariners’ documents. 

12 (3) An explanation of how the amendments to 

13 the International Convention on Standards of Train14 ing, Certification and Watchkeeping for Seafarers, 

15 1978, that enter into force on January 1, 2012, will 

16 require changes to the Coast Guard’s merchant mar17 iner medical evaluation program. 

18 SEC. 603. NOTICE OF ARRIVAL. 

19 The regulations required under section 109(a) of 

20 Public Law 109–347 (33 U.S.C. 1223 note) on notice of 

21 arrival for foreign vessels on the Outer Continental Shelf 

22 shall not apply to a vessel documented under section 

23 12105 of title 46, United States Code, unless such vessel 

24 arrives from a foreign port or place. 


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1 SEC. 604. TECHNICAL CORRECTIONS TO TITLE 14. 

2 Chapter 1 of title 14, United States Code, is amended 

3 to read as follows: 

4 ‘‘CHAPTER 1—ESTABLISHMENT AND 

5 DUTIES 

‘‘Sec. 

‘‘1. Establishment of Coast Guard. 

‘‘2. Primary duties. 

‘‘3. Department in which the Coast Guard operates. 

‘‘4. Secretary defined. 

6 ‘‘§ 1. Establishment of Coast Guard 

7 ‘‘The Coast Guard shall be a military service and a 

8 branch of the armed forces of the United States at all 

9 times. 

10 ‘‘§ 2. Primary duties 

11 ‘‘The Coast Guard shall— 

12 ‘‘(1) enforce or assist in the enforcement of all 

13 applicable Federal laws on, under, and over the high 

14 seas and waters subject to the jurisdiction of the 

15 United States; 

16 ‘‘(2) engage in maritime air surveillance or 

17 interdiction to enforce or assist in the enforcement 

18 of the laws of the United States; 

19 ‘‘(3) administer laws and promulgate and en20 force regulations for the promotion of safety of life 

21 and property on and under the high seas and waters 

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1 ering all matters not specifically delegated by law to 

2 some other executive department; 

3 ‘‘(4) develop, establish, maintain, and operate, 

4 with due regard to the requirements of national de5 fense, aids to maritime navigation, ice-breaking fa6 cilities, and rescue facilities for the promotion of 

7 safety on, under, and over the high seas and waters 

8 subject to the jurisdiction of the United States; 

9 ‘‘(5) pursuant to international agreements, de10 velop, establish, maintain, and operate icebreaking 

11 facilities on, under, and over waters other than the 

12 high seas and waters subject to the jurisdiction of 

13 the United States; 

14 ‘‘(6) engage in oceanographic research of the 

15 high seas and in waters subject to the jurisdiction of 

16 the United States; and 

17 ‘‘(7) maintain a state of readiness to function 

18 as a specialized service in the Navy in time of war, 

19 including the fulfillment of Maritime Defense Zone 

20 command responsibilities. 

21 ‘‘§ 3. Department in which the Coast Guard operates 

22 ‘‘(a) The Coast Guard shall be a service in the De23 partment of Homeland Security, except when operating as 

24 a service in the Navy. 


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1 ‘‘(b) Upon the declaration of war if Congress so di2 rects in the declaration or when the President directs, the 

3 Coast Guard shall operate as a service in the Navy, and 

4 shall so continue until the President, by Executive order, 

5 transfers the Coast Guard back to the Department of 

6 Homeland Security. While operating as a service in the 

7 Navy, the Coast Guard shall be subject to the orders of 

8 the Secretary of the Navy, who may order changes in 

9 Coast Guard operations to render them uniform, to the 

10 extent such Secretary deems advisable, with Navy oper11 ations. 

12 ‘‘(c) Whenever the Coast Guard operates as a service 

13 in the Navy: 

14 ‘‘(1) applicable appropriations of the Navy De15 partment shall be available for the expense of the 

16 Coast Guard; 

17 ‘‘(2) applicable appropriations of the Coast 

18 Guard shall be available for transfer to the Navy 

19 Department; 

20 ‘‘(3) precedence between commissioned officers 

21 of corresponding grades in the Coast Guard and the 

22 Navy shall be determined by the date of rank stated 

23 by their commissions in those grades; 

24 ‘‘(4) personnel of the Coast Guard shall be eli25 gible to receive gratuities, medals, and other insignia 


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1 of honor on the same basis as personnel in the naval 

2 service or serving in any capacity with the Navy; and 

3 ‘‘(5) the Secretary may place on furlough any 

4 officer of the Coast Guard and officers on furlough 

5 shall receive one half of the pay to which they would 

6 be entitled if on leave of absence, but officers of the 

7 Coast Guard Reserve shall not be so placed on fur8 lough. 

9 ‘‘§ 4. Secretary defined 

10 ‘‘In this title, the term ‘Secretary’ means the Sec11 retary of the respective department in which the Coast 

12 Guard is operating.’’. 

13 SEC. 605. DISTANT WATER TUNA FLEET. 

14 Section 421 of the Coast Guard and Maritime Trans15 portation Act of 2006 (Public Law 109–241; 120 Stat. 

16 548) is amended— 

17 (1) by striking subsection (b) and inserting the 

18 following: 

19 ‘‘(b) LICENSING RESTRICTIONS.— 

20 ‘‘(1) IN GENERAL.—Subsection (a)(1) only ap21 plies to a foreign citizen that holds a credential that 

22 is equivalent to the credential issued by the Coast 

23 Guard to a United States citizen for the position, 

24 with respect to requirements for experience, training, 

25 and other qualifications. 


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1 ‘‘(2) TREATMENT OF LICENSE.—An equivalent 

2 credential under paragraph (1) shall be considered 

3 as meeting the requirements of section 8304 of title 

4 46, United States Code, but only while a person 

5 holding the credential is in the service of the vessel 

6 to which this section applies.’’; 

7 (2) in subsection (c) by inserting ‘‘or Guam’’ 

8 before the period at the end; and 

9 (3) in subsection (d) by striking ‘‘on December 

10 31, 2012’’ and inserting ‘‘on the date the Treaty on 

11 Fisheries Between the Governments of Certain Pa12 cific Island States and the Government of the 

13 United States of America ceases to have effect for 

14 any party under Article 12.6 or 12.7 of such treaty, 

15 as in effect on the date of enactment of the Coast 

16 Guard and Maritime Transportation Act of 2011’’. 

17 SEC. 606. WAIVERS. 

18 (a) IN GENERAL.—Notwithstanding sections 12112 

19 and 12132 and chapter 551 of title 46, United States 

20 Code, the Secretary of the department in which the Coast 

21 Guard is operating may issue a certificate of documenta22 tion with a coastwise endorsement for each of the following 

23 vessels: 

24 (1) M/V GEYSIR (United States official num25 ber 622178). 


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1 (2) MACY-RENEE (United States official 

2 number 1107319) 

3 (3) OCEAN VERITAS (IMO number 

4 7366805). 

5 (4) LUNA (United States official number 

6 280133). 

7 (5) IL MORO DI VENEZIA IV (United States 

8 official number 1028654) 

9 (b) DOCUMENTATION OF LNG TANKERS.— 

10 (1) IN GENERAL.—Notwithstanding sections 

11 12112 and 12132 and chapter 551 of title 46, 

12 United States Code, the Secretary of the department 

13 in which the Coast Guard is operating may issue a 

14 certificate of documentation with a coastwise en15 dorsement for each of the following vessels: 

16 (A) LNG GEMINI (United States official 

17 number 595752). 

18 (B) LNG LEO (United States official 

19 number 595753). 

20 (C) LNG VIRGO (United States official 

21 number 595755). 

22 (2) LIMITATION ON OPERATION.—Coastwise 

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1 fined in section 3(13) of the Deepwater Port Act of 

2 1974 (33 U.S.C. 1502(13)). 

3 (3) TERMINATION OF EFFECTIVENESS OF EN4 DORSEMENTS.—The coastwise endorsement issued 

5 under paragraph (1) for a vessel shall expire on the 

6 date of the sale of the vessel by the owner of the ves7 sel on the date of enactment of this Act to a person 

8 who is not related by ownership or control to such 

9 owner. 

10 (c) OPERATION OF A DRY DOCK.—A vessel trans11 ported in Dry Dock #2 (State of Alaska registration 

12 AIDEA FDD–2) is not merchandise for purposes of sec13 tion 55102 of title 46, United States Code, if, during such 

14 transportation, Dry Dock #2 remains connected by a util15 ity or other connecting line to pierside moorage. 

16 SEC. 607. REPORT ON OPTIONS TO IMPROVE INTEGRATION 

17 OF U.S. COAST GUARD AND CANADIAN COAST 

18 GUARD GREAT LAKES ICEBREAKING OPER19 ATIONAL INFORMATION. 

20 Within 180 days after the date of enactment of this 

21 Act, the Commandant of the Coast Guard shall report to 

22 the Committee on Commerce, Science, and Transportation 

23 of the Senate and the Committee on Transportation and 

24 Infrastructure of the House of Representatives on options 

25 to improve the integration of the Great Lakes icebreaking 


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1 operational information of the United States Coast Guard 

2 and Canadian Coast Guard to improve the safety, eco3 nomic security, and efficiency of Great Lakes icebreaking 

4 activities of both services. 

5 SEC. 608. STANDBY VESSELS. 

6 (a) IN GENERAL.—Subtitle VIII of title 46, United 

7 States Code, is amended by adding at the end thereof the 

8 following new chapter: 

9 ‘‘CHAPTER 807—STANDBY VESSELS 

‘‘Sec. 

‘‘80701. Standby vessels. 

10 ‘‘§ 80701. Standby vessels 

11 ‘‘(a) IN GENERAL.—The owner or operator of a 

12 manned facility, installation, unit, or vessel shall locate a 

13 standby vessel— 

14 ‘‘(1) not more than 3 nautical miles from such 

15 manned facility, installation, unit, or vessel while it 

16 is performing drilling, plugging, abandoning, or 

17 workover operations; and 

18 ‘‘(2) not more than 12 nautical miles from such 

19 manned facility, installation, unit, or vessel while it 

20 is performing operations other than drilling, plug21 ging, abandoning, or workover operations. 

22 ‘‘(b) IMPROVED STANDBY VESSEL RESPONSE

23 TIME.— 


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1 ‘‘(1) IN GENERAL.—A Coast Guard District 

2 Commander may reduce the distances prescribed in 

3 subsection (a) for the area of command of the Dis4 trict Commander if the District Commander deter5 mines the reduction is necessary to address delays in 

6 standby vessel response times caused by inclement 

7 weather, high seas, or other conditions that prolong 

8 standby vessel response time or lessen the time sur9 vivors of an accident can remain in the water. 

10 ‘‘(2) APPROXIMATION OF NORMAL RESPONSE

11 TIME.—Any reduction under paragraph (1) shall be 

12 made to a distance that, in weather conditions ne13 cessitating the reduction, ensures that a standby 

14 vessel’s response time approximates that of a stand15 by vessel covering the distance prescribed in sub16 section (a) during normal weather conditions. 

17 ‘‘(3) PREVENTION OF HYPOTHERMIA.—Any re18 duction under paragraph (1) made due to water 

19 temperature or other factors that reduce the time 

20 survivors of an accident can remain in the water 

21 shall be made to a distance at which a standby ves22 sel can be assumed to reach the survivor before the 

23 onset of hypothermia. 

24 ‘‘(4) NOTICE TO OWNERS AND OPERATORS.— 

25 Before exercising the authority in paragraph (1), a 


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1 District Commander shall provide 72 hours notice to 

2 the owners and operators of standby vessels and 

3 owners and operators of manned facilities, installa4 tions, units, and vessels operating in the District 

5 Commander’s area of command. 

6 ‘‘(c) MULTIPLE PLATFORMS AND USES.—Nothing in 

7 this section shall be construed to prohibit— 

8 ‘‘(1) use of one standby vessel for more than 

9 one manned facility, installation, unit, or vessel; or 

10 ‘‘(2) use of a standby vessel for other pur11 poses.’’. 

12 (b) CLERICAL AMENDMENT.—The table of chapters 

13 at the beginning of such subtitle is amended by adding 

14 at the end the following: 

‘‘807. Standby vessels .......................................................................80701’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect one year after the date of 

17 enactment of this Act. 

18 (d) REGULATIONS.— 

19 (1) IN GENERAL.—The Secretary of the depart20 ment in which the Coast Guard is operating may 

21 promulgate regulations to implement the amend22 ments made by this section. 

23 (2) EXISTING REGULATIONS.—Until such time 

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1 quirements of subpart E of part 143 of title 33, 

2 Code of Federal Regulations, as in effect on the date 

3 of enactment of this Act, including the requirements 

4 that must be met by a standby vessel, shall apply to 

5 standby vessels required under the amendments. 

6 SEC. 609. CAP ON PENALTY WAGES. 

7 (a) FOREIGN AND INTERCOASTAL VOYAGES.—Sec8 tion 10313(g) of title 46, United States Code, is amend9 ed— 

10 (1) in paragraph (2)— 

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

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

13 a seaman’’; and 

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

15 ‘‘the seaman’’; and 

16 (2) in paragraph (3), by striking ‘‘class action’’. 

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

18 title is amended— 

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), by striking ‘‘class action’’. 


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1 SEC. 610. REPORT ON IMPEDIMENTS TO THE U.S.-FLAG 

2 REGISTRY. 

3 (a) REPORT.—Not later than 180 days after the date 

4 of enactment of this Act, the Commandant of the Coast 

5 Guard shall submit to the Committee on Transportation 

6 and Infrastructure of the House of Representatives and 

7 the Committee on Commerce, Science, and Transportation 

8 of the Senate a report on factors under the authority of 

9 the Coast Guard that impact the ability of vessels docu10 mented in the United States to effectively compete in 

11 international transportation markets. 

12 (b) CONTENT.—The report shall include— 

13 (1) a review of differences in Coast Guard poli14 cies and regulations governing the inspection of ves15 sels documented in the United States and the poli16 cies and regulations of the International Maritime 

17 Organization governing the inspection of vessels not 

18 documented in the United States; 

19 (2) a statement on the impact such differences 

20 have on operating costs for vessels documented in 

21 the United States; and 

22 (3) recommendations on whether to harmonize 

23 any differences in the policies and regulations gov24 erning inspection of vessels by the Coast Guard and 

25 the International Maritime Organization. 


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1 (c) CONSULTATION.—In preparing the report, the 

2 Commandant may consider the views of representatives of 

3 the owners or operators of vessels documented in the 

4 United States and the organizations representing the em5 ployees employed on such vessels. 

6 SEC. 611. REPORT ON DRUG INTERDICTION IN THE CARIB7 BEAN BASIN. 

8 (a) REPORT.—Not later than 180 days after the date 

9 of enactment of this Act, the Commandant of the Coast 

10 Guard shall submit to the Committee on Transportation 

11 and Infrastructure of the House of Representatives and 

12 the Committee on Commerce, Science, and Transportation 

13 of the Senate a report on drug interdiction in the Carib14 bean basin. 

15 (b) CONTENT.—The report shall include— 

16 (1) a statement of the Coast Guard mission re17 quirements for drug interdiction in the Caribbean 

18 basin; 

19 (2) the number of maritime surveillance hours 

20 and Coast Guard assets used in each of fiscal years 

21 2009 through 2011 to counter the illicit trafficking 

22 of drugs and other related threats throughout the 

23 Caribbean basin; and 


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1 (3) a determination of whether such hours and 

2 assets satisfied the Coast Guard mission require3 ments for drug interdiction in the Caribbean basin. 

4 SEC. 612. REPORT ON SURVIVAL CRAFT. 

5 (a) REPORT.—Not later than 180 days after the date 

6 of enactment of this Act, the Commandant of the Coast 

7 Guard shall submit to the Committee on Transportation 

8 and Infrastructure of the House of Representatives and 

9 the Committee on Commerce, Science, and Transportation 

10 of the Senate a report on the carriage of survival craft 

11 that ensures no part of an individual is immersed in water. 

12 (b) CONTENT.—The report shall include information 

13 on— 

14 (1) the number of casualties as the result of im15 mersion in water by vessel type and area of oper16 ation reported to the Coast Guard for each of fiscal 

17 years 1991 through 2011; 

18 (2) the effect the carriage of such survival craft 

19 has on vessel safety, including stability and safe 

20 navigation; 

21 (3) the efficacy of alternative safety systems, 

22 devices, or measures; and 

23 (4) the cost and cost-effectiveness of requiring 

24 the carriage of such survival craft on vessels. 


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1 SEC. 613. CONSIDERATION OF INFORMATION RELATING TO 

2 EMPLOYMENT WHEN AWARDING CONTRACTS. 

3 (a) IN GENERAL.—Subchapter I of chapter 15 of title 

4 14, United States Code, is further amended by adding at 

5 the end the following: 

6 ‘‘§ 569c. Consideration of information relating to em7 ployment when awarding contracts 

8 ‘‘(a) JOBS IMPACT STATEMENTS.—The Secretary, in 

9 issuing a solicitation for competitive proposals with re10 spect to a Coast Guard contracting opportunity, shall 

11 state in the solicitation that the Secretary may consider 

12 information (in this section referred to as a ‘jobs impact 

13 statement’)— 

14 ‘‘(1) that the offeror may include in its offer; 

15 and 

16 ‘‘(2) that relates to the effect of the contract on 

17 employment in the United States if the contract is 

18 awarded to the offeror. 

19 ‘‘(b) CONTENTS.—The information that may be in20 cluded in a jobs impact statement may include the fol21 lowing: 

22 ‘‘(1) The number of jobs expected to be created 

23 in the United States, or the number of jobs to be 

24 retained in the United States that otherwise would 

25 be lost, if the contract is awarded to the offeror. 


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1 ‘‘(2) The number of jobs expected to be created 

2 or retained in the United States by the subcontrac3 tors expected to be used by the offeror in the per4 formance of the contract. 

5 ‘‘(3) A guarantee from the offeror that jobs cre6 ated or retained in the United States as a result of 

7 the contract being awarded to the offeror will not be 

8 moved outside the United States after award of the 

9 contract. 

10 ‘‘(c) USE IN EVALUATION.—The Secretary may con11 sider information in a jobs impact statement in the evalua12 tion of an offer relating to a Coast Guard contracting op13 portunity and may request further information from the 

14 offeror in order to verify the accuracy of any such informa15 tion submitted. 

16 ‘‘(d) ASSESSMENT.—With respect to a contract 

17 awarded to an offeror that submitted a jobs impact state18 ment, the Secretary shall track the number of jobs created 

19 or retained in the United States as a result of the con20 tract. If the number of jobs estimated to be created or 

21 retained in the jobs impact statement significantly exceeds 

22 the number of jobs created or retained as a result of the 

23 contract, the Secretary may evaluate whether the con24 tractor should be proposed for debarment. 


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1 ‘‘(e) REPORTS.—Not later than 1 year after the date 

2 of enactment of this section, and annually thereafter, the 

3 Secretary shall submit to Congress a report describing the 

4 use by the Secretary of jobs impact statements in evalu5 ating offers relating to Coast Guard contracting opportu6 nities.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis at the be8 ginning of such chapter is further amended by adding at 

9 the end of the items relating to such subchapter the fol10 lowing: 

‘‘569c. Consideration of information relating to employment when awarding contracts.’’. 

11 SEC. 614. REQUIREMENT OF CORPS. 

12 The Secretary of the Army, acting through the Chief 

13 of the Corps of Engineers, shall continue to study the 

14 project related to the Jacksonville Port Authority in Jack15 sonville, Florida, without applying any additional peer re16 views described by section 2034 of the Water Resources 

17 Development Act of 2007 (33 U.S.C. 2343). 

18 SEC. 615. CONVEYANCE OF DECOMMISSIONED COAST 

19 GUARD CUTTER STORIS. 

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

21 Guard shall convey, without consideration, all right, title, 

22 and interest of the United States in and to the decommis23 sioned Coast Guard Cutter STORIS (in this section re24 ferred to as the ‘‘vessel’’) to the Storis Museum, a nonVerDate Mar 15 2010 01:19 Nov 17, 2011 Jkt 019200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H2838.RFS H2838

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1 profit entity of Juneau, Alaska, if the Storis Museum 

2 agrees— 

3 (1) to use the vessel as a historic memorial, 

4 make the vessel available to the public as a museum, 

5 and work cooperatively with other museums to pro6 vide education on and memorialize the maritime her7 itage of the vessel and other maritime activities in 

8 Alaska, the Pacific Northwest, the Arctic Ocean, and 

9 adjacent oceans and seas; 

10 (2) not to use the vessel for commercial trans11 portation purposes; 

12 (3) to make the vessel available to the United 

13 States Government if needed for use by the Com14 mandant in time of war or a national emergency or 

15 based on the critical needs of the Coast Guard; 

16 (4) to hold the Government harmless for any 

17 claims arising from exposure to hazardous materials, 

18 including asbestos and polychlorinated biphenyls 

19 (PCBs), except for claims arising from the use of 

20 the vessel by the Government; 

21 (5) to bear all costs of transportation and deliv22 ery of the vessel; 

23 (6) to bear all costs of vessel disposal in accord24 ance with Federal law when the vessel is no longer 

25 used as a museum; and 


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1 (7) to any other conditions the Commandant 

2 considers appropriate. 

3 (b) MAINTENANCE AND DELIVERY OF VESSEL.—Be4 fore conveyance of the vessel under this section, the Com5 mandant shall make, to the extent practical and subject 

6 to other Coast Guard mission requirements, every effort 

7 to maintain the integrity of the vessel and its equipment 

8 until the time of delivery. 

9 (c) OTHER EXCESS EQUIPMENT.—The Commandant 

10 may convey to the recipient of the vessel under this section 

11 any excess equipment or parts from other decommissioned 

12 Coast Guard vessels for use to enhance the vessel’s oper13 ability and function for purposes of a public museum and 

14 historical display. 

15 SEC. 616. TRANSPORTATION OF PASSENGERS BETWEEN 

16 PORTS IN PUERTO RICO. 

17 Notwithstanding chapter 551 of title 46, United 

18 States Code, a vessel of 100 gross tons or more not quali19 fied to engage in the coastwise trade may transport pas20 sengers between ports in Puerto Rico. 

21 TITLE VII—COMMERCIAL 

22 VESSEL DISCHARGES REFORM 

23 SEC. 701. SHORT TITLE. 

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

25 Discharges Reform Act of 2011’’. 


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1 SEC. 702. DISCHARGES FROM COMMERCIAL VESSELS. 

2 Title III of the Federal Water Pollution Control Act 

3 (33 U.S.C. 1311 et seq.) is amended by adding at the end 

4 the following: 

5 ‘‘SEC. 321. DISCHARGES FROM COMMERCIAL VESSELS. 

6 ‘‘(a) DEFINITIONS.—In this section, the following 

7 definitions apply: 

8 ‘‘(1) AQUATIC NUISANCE SPECIES.—The term 

9 ‘aquatic nuisance species’ means a nonindigenous 

10 species (including a pathogen) that threatens the di11 versity or abundance of native species or the ecologi12 cal stability of navigable waters or commercial, agri13 cultural, aquacultural, or recreational activities de14 pendent on such waters. 

15 ‘‘(2) BALLAST WATER.— 

16 ‘‘(A) IN GENERAL.—The term ‘ballast 

17 water’ means any water (including any sedi18 ment suspended in such water) taken aboard a 

19 commercial vessel— 

20 ‘‘(i) to control trim, list, draught, sta21 bility, or stresses of the vessel; or 

22 ‘‘(ii) during the cleaning, mainte23 nance, or other operation of a ballast water 

24 treatment system of the vessel. 

25 ‘‘(B) EXCLUSION.—The term ‘ballast 

26 water’ does not include any pollutant that is 


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1 added to water described in subparagraph (A) 

2 that is not directly related to the operation of 

3 a properly functioning ballast water treatment 

4 technology certified under subsection (e). 

5 ‘‘(3) BALLAST WATER PERFORMANCE STAND6 ARD.—The term ‘ballast water performance stand7 ard’ or ‘performance standard’ means a numerical 

8 ballast water performance standard specified under 

9 subsection (c) or established under subsection (d). 

10 ‘‘(4) BALLAST WATER TREATMENT SYSTEM.— 

11 The term ‘ballast water treatment system’ means 

12 any equipment on board a commercial vessel (includ13 ing all compartments, piping, spaces, tanks, and 

14 multi-use compartments, piping, spaces, and tanks) 

15 that is— 

16 ‘‘(A) designed for loading, carrying, treat17 ing, or discharging ballast water; and 

18 ‘‘(B) installed and operated to meet a bal19 last water performance standard. 

20 ‘‘(5) BALLAST WATER TREATMENT TECH21 NOLOGY.—The term ‘ballast water treatment tech22 nology’ or ‘treatment technology’ means any me23 chanical, physical, chemical, or biological process 

24 used, either singularly or in combination, to remove, 


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1 render harmless, or avoid the uptake or discharge of 

2 aquatic nuisance species within ballast water. 

3 ‘‘(6) BIOCIDE.—The term ‘biocide’ means a 

4 substance or organism, including a virus or fungus, 

5 that is introduced into, or produced by, a ballast 

6 water treatment technology to reduce or eliminate 

7 aquatic invasive species as part of the process used 

8 to comply with a ballast water performance standard 

9 under this section. 

10 ‘‘(7) COMMERCIAL VESSEL.—The term ‘com11 mercial vessel’ means every description of 

12 watercraft, or other artificial contrivance used or ca13 pable of being used as a means of transportation on 

14 water— 

15 ‘‘(A) that is engaged in commercial service 

16 (as defined under section 2101 of title 46, 

17 United States Code); or 

18 ‘‘(B) that is owned or operated by the 

19 United States, other than a vessel of the Armed 

20 Forces (as defined under section 312 of this 

21 Act). 

22 ‘‘(8) CONSTRUCTED.—The term ‘constructed’ 

23 means a state of construction of a commercial vessel 

24 at which— 

25 ‘‘(A) the keel is laid; 


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1 ‘‘(B) construction identifiable with the spe2 cific vessel begins; 

3 ‘‘(C) assembly of the vessel has begun 

4 comprising at least 50 tons or 1 percent of the 

5 estimated mass of all structural material of the 

6 vessel, whichever is less; or 

7 ‘‘(D) the vessel commences a major conver8 sion. 

9 ‘‘(9) DISCHARGE INCIDENTAL TO THE NORMAL

10 OPERATION OF A COMMERCIAL VESSEL.— 

11 ‘‘(A) IN GENERAL.—The term ‘discharge 

12 incidental to the normal operation of a commer13 cial vessel’ means— 

14 ‘‘(i) a discharge into navigable waters 

15 from a commercial vessel of— 

16 ‘‘(I)(aa) graywater (except 

17 graywater referred to in section 

18 312(a)(6)), bilge water, cooling water, 

19 oil water separator effluent, anti-foul20 ing hull coating leachate, boiler or 

21 economizer blowdown, byproducts 

22 from cathodic protection, controllable 

23 pitch propeller and thruster hydraulic 

24 fluid, distillation and reverse osmosis 

25 brine, elevator pit effluent, firemain 


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1 system effluent, freshwater layup ef2 fluent, gas turbine wash water, motor 

3 gasoline and compensating effluent, 

4 refrigeration and air condensate efflu5 ent, seawater pumping biofouling pre6 vention substances, boat engine wet 

7 exhaust, sonar dome effluent, exhaust 

8 gas scrubber washwater, or stern tube 

9 packing gland effluent; or 

10 ‘‘(bb) any other pollutant associ11 ated with the operation of a marine 

12 propulsion system, shipboard maneu13 vering system, habitability system, or 

14 installed major equipment, or from a 

15 protective, preservative, or absorptive 

16 application to the hull of a commercial 

17 vessel; 

18 ‘‘(II) weather deck runoff, deck 

19 wash, aqueous film forming foam ef20 fluent, chain locker effluent, non-oily 

21 machinery wastewater, underwater 

22 ship husbandry effluent, welldeck ef23 fluent, or fish hold and fish hold 

24 cleaning effluent; or 


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1 ‘‘(III) any effluent from a prop2 erly functioning marine engine; or 

3 ‘‘(ii) a discharge of a pollutant into 

4 navigable waters in connection with the 

5 testing, maintenance, and repair of a sys6 tem, equipment, or engine described in 

7 subclause (I)(bb) or (III) of clause (i) 

8 whenever the commercial vessel is water9 borne. 

10 ‘‘(B) EXCLUSION.—The term ‘discharge 

11 incidental to the normal operation of a commer12 cial vessel’ does not include— 

13 ‘‘(i) a discharge into navigable waters 

14 from a commercial vessel of— 

15 ‘‘(I) ballast water; 

16 ‘‘(II) rubbish, trash, garbage, in17 cinerator ash, or other such material 

18 discharged overboard; 

19 ‘‘(III) oil or a hazardous sub20 stance within the meaning of section 

21 311; or 

22 ‘‘(IV) sewage within the meaning 

23 of section 312; 

24 ‘‘(ii) an emission of an air pollutant 

25 resulting from the operation onboard a 


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1 commercial vessel of a vessel propulsion 

2 system, motor driven equipment, or incin3 erator; or 

4 ‘‘(iii) a discharge into navigable 

5 waters from a commercial vessel when the 

6 commercial vessel is operating in a capac7 ity other than as a means of transportation 

8 on water. 

9 ‘‘(10) EXISTING COMMERCIAL VESSEL.—The 

10 term ‘existing commercial vessel’ means a commer11 cial vessel constructed prior to January 1, 2012. 

12 ‘‘(11) GEOGRAPHICALLY LIMITED AREA.—The 

13 term ‘geographically limited area’ means an area— 

14 ‘‘(A) with a physical limitation that pre15 vents a commercial vessel from operating out16 side the area, as determined by the Secretary; 

17 or 

18 ‘‘(B) that is ecologically homogeneous, as 

19 determined by the Administrator, in consulta20 tion with the Secretary. 

21 ‘‘(12) MAJOR CONVERSION.—The term ‘major 

22 conversion’ means a conversion of a commercial ves23 sel that— 

24 ‘‘(A) changes its ballast water capacity by 

25 15 percent or more; or 


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1 ‘‘(B) prolongs the life of the commercial 

2 vessel by 10 years or more, as determined by 

3 the Secretary. 

4 ‘‘(13) MANUFACTURER.—The term ‘manufac5 turer’ means a person engaged in the manufac6 turing, assembling, or importation of a ballast water 

7 treatment technology. 

8 ‘‘(14) NAVIGABLE WATERS.—The term ‘navi9 gable waters’ includes the exclusive economic zone, 

10 as defined in section 107 of title 46, United States 

11 Code. 

12 ‘‘(15) NONINDIGENOUS SPECIES.—The term 

13 ‘nonindigenous species’ means a species or other via14 ble biological material that enters an ecosystem be15 yond its historic range. 

16 ‘‘(16) OWNER OR OPERATOR.—The term ‘owner 

17 or operator’ means a person owning, operating, or 

18 chartering by demise a commercial vessel. 

19 ‘‘(17) SECRETARY.—The term ‘Secretary’ 

20 means the Secretary of the department in which the 

21 Coast Guard is operating. 

22 ‘‘(18) VESSEL GENERAL PERMIT.—The term 

23 ‘Vessel General Permit’ means the Vessel General 

24 Permit for Discharges Incidental to the Normal Op25 eration of Vessels issued by the Administrator under 


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1 section 402 for ballast water and other discharges 

2 incidental to the normal operation of vessels, as in 

3 effect on February 6, 2009. 

4 ‘‘(b) GENERAL PROVISIONS.— 

5 ‘‘(1) BALLAST WATER DISCHARGE REQUIRE6 MENTS FOR COMMERCIAL VESSELS.—An owner or 

7 operator may discharge ballast water from a com8 mercial vessel into navigable waters only if— 

9 ‘‘(A) the discharge— 

10 ‘‘(i) meets the ballast water perform11 ance standard; 

12 ‘‘(ii) is made pursuant to the safety 

13 exemption established by subsection (c)(2); 

14 ‘‘(iii) meets the requirements of an al15 ternative method of compliance established 

16 for the commercial vessel under subsection 

17 (f); or 

18 ‘‘(iv) is made pursuant to a deter19 mination that the commercial vessel meets 

20 the requirements relating to geographically 

21 limited areas under subsection (g); and 

22 ‘‘(B) the owner or operator discharges the 

23 ballast water in accordance with a ballast water 

24 management plan approved under subsection 

25 (i). 


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1 ‘‘(2) APPLICABILITY.— 

2 ‘‘(A) COVERED VESSELS.—Paragraph (1) 

3 shall apply to the owner or operator of a com4 mercial vessel that is designed, constructed, or 

5 adapted to carry ballast water if the commercial 

6 vessel is— 

7 ‘‘(i) documented under the laws of the 

8 United States; or 

9 ‘‘(ii) operating in navigable waters on 

10 a voyage to or from a port or place in the 

11 United States. 

12 ‘‘(B) EXEMPTED VESSELS.—Paragraph 

13 (1) shall not apply to the owner or operator 

14 of— 

15 ‘‘(i) a commercial vessel that carries 

16 all of its ballast water in sealed tanks that 

17 are not subject to discharge; 

18 ‘‘(ii) a commercial vessel that continu19 ously takes on and discharges ballast water 

20 in a flow-through system, if such system 

21 does not introduce aquatic nuisance species 

22 into navigable waters, as determined by the 

23 Secretary in consultation with the Admin24 istrator; 


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1 ‘‘(iii) any vessel in the National De2 fense Reserve Fleet that is scheduled to be 

3 disposed of through scrapping or sinking; 

4 ‘‘(iv) a commercial vessel that dis5 charges ballast water consisting solely of 

6 water— 

7 ‘‘(I) taken aboard from a munic8 ipal or commercial source; and 

9 ‘‘(II) that, at the time the water 

10 is taken aboard, meets the applicable 

11 regulations or permit requirements for 

12 such source under the Safe Drinking 

13 Water Act (42 U.S.C. 300f et seq.) 

14 and section 402 of this Act; or 

15 ‘‘(v) a commercial vessel that is 3 

16 years or fewer from the end of its useful 

17 life, as determined by the Secretary, on the 

18 date on which the regulations issued under 

19 paragraph (3) become effective for the ves20 sel pursuant to the implementation sched21 ule issued under paragraph (3)(B). 

22 ‘‘(C) LIMITATION.—An exemption under 

23 subparagraph (B)(v) shall cease to be effective 

24 on the date that is 3 years after the date on 

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1 come effective for the commercial vessel pursu2 ant to the implementation schedule issued 

3 under paragraph (3)(B). 

4 ‘‘(3) ISSUANCE OF REGULATIONS.— 

5 ‘‘(A) IN GENERAL.—Not later than 180 

6 days after the date of enactment of this section, 

7 the Secretary, in consultation with the Adminis8 trator, shall issue final regulations to imple9 ment the requirements of this section. 

10 ‘‘(B) PROPOSED RULE.—For the purposes 

11 of chapter 5 of title 5, United States Code, the 

12 proposed rulemaking published by the Coast 

13 Guard on August 28, 2009 (74 Fed. Reg. 

14 44632; relating to standards for living orga15 nisms in ships’ ballast water discharged in U.S. 

16 waters), shall serve as a proposed rule for the 

17 purposes of issuing regulations under this sec18 tion. 

19 ‘‘(4) COMPLIANCE SCHEDULES.— 

20 ‘‘(A) INITIAL PERFORMANCE STANDARD

21 COMPLIANCE DEADLINES.— 

22 ‘‘(i) IN GENERAL.—An owner or oper23 ator shall comply with the performance 

24 standard established under subsection (c) 

25 on or before the deadline that applies to 


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1 the commercial vessel of the owner or oper2 ator, as specified in clause (ii). 

3 ‘‘(ii) DEADLINES.—The deadlines for 

4 compliance with the performance standard 

5 established under subsection (c) are as fol6 lows: 

7 ‘‘(I) For a commercial vessel con8 structed on or after January 1, 2012, 

9 the date of delivery of the vessel. 

10 ‘‘(II) For an existing commercial 

11 vessel with a ballast water capacity of 

12 less than 1,500 cubic meters, the date 

13 of the first drydocking of the vessel 

14 after January 1, 2016. 

15 ‘‘(III) For an existing commer16 cial vessel with a ballast water capac17 ity of at least 1,500 cubic meters but 

18 not more than 5,000 cubic meters, the 

19 date of the first drydocking of the ves20 sel after January 1, 2014. 

21 ‘‘(IV) For an existing commercial 

22 vessel with a ballast water capacity of 

23 greater than 5,000 cubic meters, the 

24 date of the first drydocking of the ves25 sel after January 1, 2016. 


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1 ‘‘(iii) REGULATIONS.—In issuing reg2 ulations under paragraph (3), the Sec3 retary shall include a compliance schedule 

4 that sets forth the deadlines specified in 

5 clause (ii). 

6 ‘‘(B) REVISED PERFORMANCE STANDARD

7 COMPLIANCE DEADLINES.— 

8 ‘‘(i) IN GENERAL.—Upon revision of a 

9 performance standard under subsection 

10 (d), the Secretary, in consultation with the 

11 Administrator, shall issue a compliance 

12 schedule that establishes deadlines for an 

13 owner or operator to comply with the re14 vised performance standard. 

15 ‘‘(ii) FACTORS.—In issuing a compli16 ance schedule under this subparagraph, 

17 the Secretary— 

18 ‘‘(I) shall consider the factors 

19 identified in subparagraph (C)(iv); 

20 and 

21 ‘‘(II) may establish different 

22 compliance deadlines based on vessel 

23 class, type, or size. 

24 ‘‘(iii) VESSELS CONSTRUCTED AFTER

25 ISSUANCE OF REVISED PERFORMANCE


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1 STANDARDS.—A compliance schedule 

2 issued under this subparagraph with re3 spect to a revised performance standard 

4 shall require, at a minimum, the owner or 

5 operator of a commercial vessel that com6 mences a major conversion or is con7 structed on or after the date of issuance of 

8 the revised performance standard to com9 ply with the revised performance standard. 

10 ‘‘(C) EXTENSION OF COMPLIANCE DEAD11 LINES.— 

12 ‘‘(i) IN GENERAL.—The Secretary 

13 may extend a compliance deadline estab14 lished under subparagraph (A) or (B) on 

15 the Secretary’s own initiative or in re16 sponse to a petition submitted by an owner 

17 or operator. 

18 ‘‘(ii) PROCESSES FOR GRANTING EX19 TENSIONS.—In issuing regulations under 

20 paragraph (3), the Secretary shall estab21 lish— 

22 ‘‘(I) a process for the Secretary, 

23 in consultation with the Adminis24 trator, to issue an extension of a com25 pliance deadline established under 


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1 subparagraph (A) or (B) for a com2 mercial vessel (or class, type, or size 

3 of vessel); and 

4 ‘‘(II) a process for an owner or 

5 operator to submit a petition to the 

6 Secretary for an extension of a com7 pliance deadline established under 

8 subparagraph (A) or (B) with respect 

9 to the commercial vessel of the owner 

10 or operator. 

11 ‘‘(iii) PERIOD OF EXTENSIONS.—An 

12 extension issued under clause (ii)(II) 

13 shall— 

14 ‘‘(I) apply for a period of not to 

15 exceed 18 months; and 

16 ‘‘(II) be renewable for an addi17 tional period of not to exceed 18 

18 months. 

19 ‘‘(iv) FACTORS.—In issuing an exten20 sion or reviewing a petition under this sub21 paragraph, the Secretary shall consider, 

22 with respect to the ability of an owner or 

23 operator to meet a compliance deadline, 

24 the following factors: 


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1 ‘‘(I) Whether the treatment tech2 nology to be installed is available in 

3 sufficient quantities to meet the com4 pliance deadline. 

5 ‘‘(II) Whether there is sufficient 

6 shipyard or other installation facility 

7 capacity. 

8 ‘‘(III) Whether there is sufficient 

9 availability of engineering and design 

10 resources. 

11 ‘‘(IV) Vessel characteristics, such 

12 as engine room size, layout, or a lack 

13 of installed piping. 

14 ‘‘(V) Electric power generating 

15 capacity aboard the vessel. 

16 ‘‘(VI) Safety of the vessel and 

17 crew. 

18 ‘‘(v) CONSIDERATION OF PETI19 TIONS.— 

20 ‘‘(I) DETERMINATIONS.—The 

21 Secretary shall approve or deny a pe22 tition for an extension of a compliance 

23 deadline submitted by an owner or op24 erator under this subparagraph. 


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1 ‘‘(II) DEADLINE.—If the Sec2 retary does not approve or deny a pe3 tition referred to in subclause (I) on 

4 or before the last day of the 90-day 

5 period beginning on the date of sub6 mission of the petition, the petition 

7 shall be deemed approved. 

8 ‘‘(c) BALLAST WATER PERFORMANCE STANDARD

9 FOR COMMERCIAL VESSELS.— 

10 ‘‘(1) IN GENERAL.—To meet the ballast water 

11 performance standard, an owner or operator shall— 

12 ‘‘(A) conduct ballast water treatment be13 fore discharging ballast water from a commer14 cial vessel into navigable waters using a ballast 

15 water treatment technology certified for the ves16 sel (or class, type, or size of vessel) under sub17 section (e); and 

18 ‘‘(B) ensure that any ballast water so dis19 charged meets, at a minimum, the numerical 

20 ballast water performance standard set forth in 

21 the International Convention for the Control 

22 and Management of Ships’ Ballast Water and 

23 Sediments, as adopted on February 13, 2004, 

24 or a revised numerical ballast water perform25 ance standard established under subsection (d). 


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1 ‘‘(2) SAFETY EXEMPTION.—Notwithstanding 

2 paragraph (1), an owner or operator may discharge 

3 ballast water without regard to a ballast water per4 formance standard if— 

5 ‘‘(A) the discharge is done solely to ensure 

6 the safety of life at sea; 

7 ‘‘(B) the discharge is accidental and the 

8 result of damage to the commercial vessel or its 

9 equipment and— 

10 ‘‘(i) all reasonable precautions to pre11 vent or minimize the discharge have been 

12 taken; and 

13 ‘‘(ii) the owner or operator did not 

14 willfully or recklessly cause such damage; 

15 or 

16 ‘‘(C) the discharge is solely for the purpose 

17 of avoiding or minimizing discharge from the 

18 vessel of pollution that would otherwise violate 

19 an applicable Federal or State law. 

20 ‘‘(d) REVIEW OF PERFORMANCE STANDARD.— 

21 ‘‘(1) IN GENERAL.—Not later than January 1, 

22 2016, and every 10 years thereafter, the Adminis23 trator, in consultation with the Secretary, shall com24 plete a review to determine whether revising the bal25 last water performance standard would result in a 


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1 scientifically demonstrable and substantial reduction 

2 in the risk of the introduction or establishment of 

3 aquatic nuisance species. 

4 ‘‘(2) CONSIDERATIONS.—In conducting the re5 view, the Administrator shall consider— 

6 ‘‘(A) improvements in the scientific under7 standing of biological and ecological processes 

8 that lead to the introduction or establishment of 

9 aquatic nuisance species; 

10 ‘‘(B) improvements in ballast water treat11 ment technology, including— 

12 ‘‘(i) the capability of such technology 

13 to achieve a revised ballast water perform14 ance standard; 

15 ‘‘(ii) the effectiveness and reliability of 

16 such technology in the shipboard environ17 ment; 

18 ‘‘(iii) the compatibility of such tech19 nology with the design and operation of 

20 commercial vessels by class, type, and size; 

21 ‘‘(iv) the commercial availability of 

22 such technology; and 

23 ‘‘(v) the safety of such technology; 

24 ‘‘(C) improvements in the capabilities to 

25 detect, quantify, and assess the viability of 


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1 aquatic nuisance species at the concentrations 

2 under consideration; 

3 ‘‘(D) the impact of ballast water treatment 

4 technology on water quality; and 

5 ‘‘(E) the costs, cost-effectiveness, and im6 pacts of— 

7 ‘‘(i) a revised ballast water perform8 ance standard, including the potential im9 pacts on shipping, trade, and other uses of 

10 the aquatic environment; and 

11 ‘‘(ii) maintaining the existing ballast 

12 water performance standard, including the 

13 potential impacts on water-related infra14 structure, recreation, the propagation of 

15 native fish, shellfish, and wildlife, and 

16 other uses of navigable waters. 

17 ‘‘(3) REVISION OF PERFORMANCE STANDARD.— 

18 ‘‘(A) RULEMAKING.—If, pursuant to a re19 view conducted under paragraph (1), the Ad20 ministrator, in consultation with the Secretary, 

21 determines that revising the ballast water per22 formance standard would result in a scientif23 ically demonstrable and substantial reduction in 

24 the risk of the introduction or establishment of 

25 aquatic nuisance species, the Administrator 


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1 shall undertake a rulemaking to revise the per2 formance standard. 

3 ‘‘(B) SPECIAL RULE.—The Administrator 

4 may not issue a revised performance standard 

5 pursuant to this paragraph that applies to a 

6 commercial vessel constructed prior to the date 

7 on which the revised performance standard is 

8 issued unless the revised performance standard 

9 is at least 2 orders of magnitude more stringent 

10 than the performance standard in effect on the 

11 date that the review is completed. 

12 ‘‘(4) STATE PETITION FOR REVIEW OF PER13 FORMANCE STANDARDS.— 

14 ‘‘(A) IN GENERAL.—The Governor of a 

15 State may submit a petition requesting that the 

16 Administrator review a ballast water perform17 ance standard if there is significant new infor18 mation that could reasonably indicate the per19 formance standard could be revised to result in 

20 a scientifically demonstrable and substantial re21 duction in the risk of the introduction or estab22 lishment of aquatic nuisance species. 

23 ‘‘(B) TIMING.—A Governor may not sub24 mit a petition under subparagraph (A) during 


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1 the 1-year period following the date of comple2 tion of a review under paragraph (1). 

3 ‘‘(C) REQUIRED INFORMATION.—A peti4 tion submitted to the Administrator under sub5 paragraph (A) shall include the scientific and 

6 technical information on which the petition is 

7 based. 

8 ‘‘(D) REVIEW AND REPORTING.—Upon re9 ceipt of a petition from a Governor under sub10 paragraph (A), the Administrator shall make 

11 publicly available a copy of the petition, includ12 ing the scientific and technical information pro13 vided by the Governor under subparagraph (C). 

14 ‘‘(E) REVIEW AND REVISION OF PERFORM15 ANCE STANDARDS.— 

16 ‘‘(i) IN GENERAL.—If, after receiving 

17 a petition submitted by a Governor under 

18 subparagraph (A) for review of a perform19 ance standard, the Administrator, in con20 sultation with the Secretary, determines 

21 that the petition warrants additional ac22 tion, the Administrator may— 

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1 formance standard under paragraph 

2 (1); and 

3 ‘‘(II) in consultation with the 

4 Secretary, revise the performance 

5 standard through a rulemaking under 

6 paragraph (3)(A), subject to the limi7 tation in paragraph (3)(B). 

8 ‘‘(ii) TREATMENT OF MORE THAN

9 ONE PETITION AS A SINGLE PETITION.— 

10 The Administrator may treat more than 

11 one petition as a single petition for review. 

12 ‘‘(e) TREATMENT TECHNOLOGY CERTIFICATION.— 

13 ‘‘(1) CERTIFICATION REQUIRED.— 

14 ‘‘(A) CERTIFICATION PROCESS.— 

15 ‘‘(i) EVALUATION.—Upon application 

16 of a manufacturer, the Secretary shall 

17 evaluate a ballast water treatment tech18 nology with respect to— 

19 ‘‘(I) whether the treatment tech20 nology meets the ballast water per21 formance standard when installed on 

22 a commercial vessel (or a class, type, 

23 or size of commercial vessel); 


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1 ‘‘(II) the effect of the treatment 

2 technology on commercial vessel safe3 ty; and 

4 ‘‘(III) any other criteria the Sec5 retary considers appropriate. 

6 ‘‘(ii) CERTIFICATION.—If, after con7 ducting the evaluation required by clause 

8 (i), the Secretary determines the treatment 

9 technology meets the criteria established 

10 under such clause, the Secretary may cer11 tify the treatment technology for use on a 

12 commercial vessel (or a class, type, or size 

13 of commercial vessel). 

14 ‘‘(iii) SUSPENSION AND REVOCATION

15 OF CERTIFICATION.—The Secretary shall, 

16 by regulation, establish a process to sus17 pend or revoke a certification issued under 

18 this subparagraph. 

19 ‘‘(B) CERTIFICATES OF TYPE APPROVAL.— 

20 ‘‘(i) ISSUANCE OF CERTIFICATES TO

21 MANUFACTURER.—If the Secretary cer22 tifies a ballast water treatment technology 

23 under subparagraph (A), the Secretary 

24 shall issue to the manufacturer of the 

25 treatment technology, in such form and 


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1 manner as the Secretary determines appro2 priate, a certificate of type approval for the 

3 treatment technology. 

4 ‘‘(ii) CONDITIONS TO BE INCLUDED IN

5 CERTIFICATES.—A certificate of type ap6 proval issued under clause (i) shall include 

7 any conditions that are imposed by the 

8 Secretary under paragraph (2). 

9 ‘‘(iii) ISSUANCE OF COPIES OF CER10 TIFICATES TO OWNERS AND OPERATORS.— 

11 A manufacturer that receives a certificate 

12 of type approval under clause (i) for a bal13 last water treatment technology shall fur14 nish a copy of the certificate to any owner 

15 or operator of a commercial vessel on 

16 which the treatment technology is in17 stalled. 

18 ‘‘(iv) INSPECTIONS.—An owner or op19 erator who receives a copy of a certificate 

20 under clause (iii) for a ballast water treat21 ment technology installed on a commercial 

22 vessel shall retain a copy of the certificate 

23 onboard the commercial vessel and make 

24 the copy of the certificate available for in25 spection at all times that such owner or 


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1 operator is utilizing the treatment tech2 nology. 

3 ‘‘(C) TREATMENT TECHNOLOGIES THAT

4 USE OR GENERATE BIOCIDES.—The Secretary 

5 may not certify a ballast water treatment tech6 nology that— 

7 ‘‘(i) uses a biocide or generates a 

8 biocide that is a ‘pesticide’, as defined in 

9 section 2 of the Federal Insecticide, Fun10 gicide, and Rodenticide Act (7 U.S.C. 

11 136), unless the biocide is registered under 

12 such Act or the Administrator has ap13 proved the use of such biocide in such 

14 treatment technology; or 

15 ‘‘(ii) uses or generates a biocide the 

16 discharge of which causes or contributes to 

17 a violation of a water quality standard 

18 under section 303 of this Act. 

19 ‘‘(D) PROHIBITION.— 

20 ‘‘(i) IN GENERAL.—Except as pro21 vided by clause (ii), an owner or operator 

22 may not use a ballast water treatment 

23 technology to comply with the require24 ments of this section unless the Secretary 


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1 has certified the treatment technology 

2 under subparagraph (A). 

3 ‘‘(ii) EXCEPTIONS.— 

4 ‘‘(I) COAST GUARD SHIPBOARD

5 TECHNOLOGY EVALUATION PRO6 GRAM.—An owner or operator may 

7 use a ballast water treatment tech8 nology that has not been certified by 

9 the Secretary to comply with the re10 quirements of this section if the tech11 nology is being evaluated under the 

12 Coast Guard Shipboard Technology 

13 Evaluation Program. 

14 ‘‘(II) BALLAST WATER TREAT15 MENT TECHNOLOGIES CERTIFIED BY

16 FOREIGN ENTITIES.—An owner or op17 erator may use a ballast water treat18 ment technology that has not been 

19 certified by the Secretary to comply 

20 with the requirements of this section 

21 if the technology has been certified by 

22 a foreign entity and the certification 

23 demonstrates performance and safety 

24 of the treatment technology equivalent 


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1 to the requirements of this subsection, 

2 as determined by the Secretary. 

3 ‘‘(2) CERTIFICATION CONDITIONS.— 

4 ‘‘(A) IMPOSITION OF CONDITIONS.—In cer5 tifying a ballast water treatment technology 

6 under this subsection, the Secretary, in con7 sultation with the Administrator, may impose 

8 any condition on the subsequent installation, 

9 use, or maintenance of the treatment tech10 nology onboard a commercial vessel as is nec11 essary for— 

12 ‘‘(i) the safety of the vessel, the crew 

13 of the vessel, and any passengers aboard 

14 the vessel; 

15 ‘‘(ii) the protection of the environ16 ment; and 

17 ‘‘(iii) the effective operation of the 

18 treatment technology. 

19 ‘‘(B) FAILURE TO COMPLY.—The failure of 

20 an owner or operator to comply with a condi21 tion imposed under subparagraph (A) is a viola22 tion of this section. 

23 ‘‘(3) USE OF BALLAST WATER TREATMENT

24 TECHNOLOGIES ONCE INSTALLED.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), an owner or operator who installs a 

3 ballast water treatment technology that the 

4 Secretary has certified under paragraph (1) 

5 may use the treatment technology, notwith6 standing any revisions to a ballast water per7 formance standard occurring after the installa8 tion so long as the owner or operator— 

9 ‘‘(i) maintains the treatment tech10 nology in proper working condition; and 

11 ‘‘(ii) maintains and uses the treat12 ment technology in accordance with— 

13 ‘‘(I) the manufacturer’s specifica14 tions; and 

15 ‘‘(II) any conditions imposed by 

16 the Secretary under paragraph (2). 

17 ‘‘(B) LIMITATION.—Subparagraph (A) 

18 shall cease to apply with respect to a commer19 cial vessel after the first to occur of the fol20 lowing: 

21 ‘‘(i) The expiration of the service life 

22 of the ballast water treatment technology 

23 of the vessel, as determined by the Sec24 retary. 


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1 ‘‘(ii) The expiration of service life of 

2 the vessel, as determined by the Secretary. 

3 ‘‘(iii) The completion of a major con4 version of the vessel. 

5 ‘‘(4) TESTING PROTOCOLS.—Not later than 180 

6 days after the date of enactment of this section, the 

7 Administrator, in consultation with the Secretary, 

8 shall issue requirements for land-based and ship9 board testing protocols or criteria for— 

10 ‘‘(A) certifying the performance of ballast 

11 water treatment technologies under this sub12 section; and 

13 ‘‘(B) certifying laboratories to evaluate 

14 such treatment technologies. 

15 ‘‘(5) PROHIBITION.—Following the date on 

16 which the requirements of subsection (b)(1) apply 

17 with respect to a commercial vessel pursuant to the 

18 implementation schedule issued under subsection 

19 (b)(3)(B), no manufacturer of a ballast water treat20 ment technology shall sell, offer for sale, or intro21 duce or deliver for introduction into interstate com22 merce, or import into the United States for sale or 

23 resale, a ballast water treatment technology for the 

24 commercial vessel unless the technology has been 

25 certified under this subsection. 


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1 ‘‘(f) ALTERNATIVE METHODS OF COMPLIANCE.— 

2 ‘‘(1) ESTABLISHMENT.—Not later than 180 

3 days after the date of enactment of this section, the 

4 Secretary, in consultation with the Administrator, 

5 shall establish an alternative method of compliance 

6 with this section for— 

7 ‘‘(A) a commercial vessel having a max8 imum ballast water capacity of less than 8 

9 cubic meters; and 

10 ‘‘(B) a commercial vessel that is 3 years or 

11 fewer from the end of its useful life, as deter12 mined by the Secretary pursuant to subsection 

13 (b)(2)(B)(v). 

14 ‘‘(2) FACTORS FOR CONSIDERATION.—In estab15 lishing an alternative method of compliance under 

16 paragraph (1), the Secretary shall consider— 

17 ‘‘(A) the effectiveness of the alternative 

18 method in reducing the risk of the introduction 

19 or establishment of aquatic nuisance species rel20 ative to the performance standard; and 

21 ‘‘(B) any other factor the Secretary con22 siders appropriate. 

23 ‘‘(3) BEST MANAGEMENT PRACTICES.—The 

24 Secretary may establish as an alternative method of 

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1 ment practices to minimize the introduction or es2 tablishment of aquatic nuisance species. 

3 ‘‘(g) GEOGRAPHICALLY LIMITED AREAS.— 

4 ‘‘(1) IN GENERAL.—Subsection (c) shall not 

5 apply to a commercial vessel that— 

6 ‘‘(A) operates exclusively within a geo7 graphically limited area; or 

8 ‘‘(B) operates pursuant to a geographic re9 striction issued for the commercial vessel under 

10 section 3309 of title 46, United States Code, or 

11 an equivalent restriction, as determined by the 

12 Secretary, issued by the country of registration 

13 of the commercial vessel. 

14 ‘‘(2) PETITION FOR DETERMINATION BY THE

15 SECRETARY.— 

16 ‘‘(A) SUBMISSION OF PETITIONS.—Fol17 lowing the date of issuance of final regulations 

18 under subsection (b), an owner or operator may 

19 petition the Secretary for a determination 

20 under paragraph (1). 

21 ‘‘(B) DETERMINATIONS.—The Secretary 

22 shall approve or deny a petition submitted by 

23 an owner or operator under subparagraph (A). 

24 ‘‘(C) DEADLINE.—If the Secretary does 

25 not approve or deny a petition submitted by an 


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1 owner or operator under subparagraph (A) on 

2 or before the last day of the 90-day period be3 ginning on the date of submission of the peti4 tion, the petition shall be deemed approved. 

5 ‘‘(3) NOTIFICATION.—The Secretary shall no6 tify the Administrator and the Governor of each 

7 State the waters of which could be affected by the 

8 discharge of ballast water from a commercial vessel 

9 for which a petition has been granted under para10 graph (2) of the granting of any such petition. 

11 ‘‘(4) BEST MANAGEMENT PRACTICES.—For a 

12 commercial vessel for which a petition is granted 

13 under paragraph (2), the Secretary shall require the 

14 owner or operator to implement appropriate ballast 

15 water best management practices to minimize the in16 troduction or establishment of aquatic nuisance spe17 cies. 

18 ‘‘(h) RECEPTION FACILITIES.— 

19 ‘‘(1) IN GENERAL.—An owner or operator shall 

20 discharge ballast water in compliance with sub21 section (c) or (f) unless discharging ballast water 

22 into— 

23 ‘‘(A) an onshore facility for the reception 

24 of ballast water that meets standards issued by 


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1 the Administrator, in consultation with the Sec2 retary; or 

3 ‘‘(B) an offshore facility for the reception 

4 of ballast water that meets standards issued by 

5 the Secretary, in consultation with the Adminis6 trator. 

7 ‘‘(2) ISSUANCE OF STANDARDS.—Not later 

8 than 2 years after the date of enactment of this sec9 tion— 

10 ‘‘(A) the Administrator, in consultation 

11 with the Secretary, shall issue the standards re12 ferred to in paragraph (1)(A); and 

13 ‘‘(B) the Secretary, in consultation with 

14 the Administrator, shall issue the standards re15 ferred to in paragraph (1)(B). 

16 ‘‘(3) SOLE METHOD OF DISCHARGE.—The Sec17 retary, in consultation with the Administrator, and 

18 upon petition by an owner or operator, may issue to 

19 an owner or operator a certificate stating that a 

20 commercial vessel is in compliance with the require21 ments of subsection (b)(1)(A) if discharging ballast 

22 water into a facility meeting the standards issued 

23 under this subsection is the sole method by which 

24 the owner or operator discharges ballast water from 

25 the commercial vessel. 


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1 ‘‘(4) BALLAST WATER MANAGEMENT PLANS.— 

2 An owner or operator discharging ballast water 

3 under this subsection shall discharge such water in 

4 accordance with a ballast water management plan 

5 approved under subsection (i). 

6 ‘‘(i) COMMERCIAL VESSEL BALLAST WATER MAN7 AGEMENT PLAN.— 

8 ‘‘(1) IN GENERAL.—An owner or operator shall 

9 discharge ballast water in accordance with a ballast 

10 water management plan that— 

11 ‘‘(A) meets requirements prescribed by the 

12 Secretary; and 

13 ‘‘(B) is approved by the Secretary. 

14 ‘‘(2) FOREIGN COMMERCIAL VESSELS.—The 

15 Secretary may approve a ballast water management 

16 plan for a foreign commercial vessel on the basis of 

17 a certificate of compliance issued by the country of 

18 registration of the commercial vessel if the require19 ments of the government of that country for a bal20 last water management plan are substantially equiv21 alent to regulations issued by the Secretary. 

22 ‘‘(3) RECORDKEEPING.— 

23 ‘‘(A) IN GENERAL.—Except as provided by 

24 subparagraph (B), an owner or operator shall 

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1 spection by the Secretary a ballast water record 

2 book in which each operation of the commercial 

3 vessel involving a ballast water discharge is re4 corded in accordance with regulations issued by 

5 the Secretary. 

6 ‘‘(B) ALTERNATIVE MEANS OF RECORD7 KEEPING.—The Secretary may provide for al8 ternative methods of recordkeeping, including 

9 electronic recordkeeping, to comply with the re10 quirements of this paragraph. 

11 ‘‘(j) REGULATION OF BALLAST WATER DIS12 CHARGES.—Effective on and after the date of enactment 

13 of this section— 

14 ‘‘(1) the Administrator (or a State in the case 

15 of a permit program approved under section 402) 

16 shall not require any new permit or permit condition 

17 under section 402 for any discharge of ballast water 

18 from a commercial vessel into navigable waters; and 

19 ‘‘(2) except as provided by subsection (k), a 

20 State or political subdivision thereof shall not adopt 

21 or enforce any law or regulation of the State or po22 litical subdivision with respect to such a discharge. 

23 ‘‘(k) STATE AUTHORITY.— 

24 ‘‘(1) STATE PROGRAMS.—The Governor of a 

25 State desiring to administer its own inspection and 


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1 enforcement authority for ballast water discharges 

2 within its jurisdiction may submit to the Secretary 

3 a complete description of the program the Governor 

4 proposes to establish and administer under State 

5 law. In addition, the Governor shall submit a state6 ment from the State attorney general that the laws 

7 of the State provide adequate authority to carry out 

8 the described program. 

9 ‘‘(2) APPROVAL.—The Secretary, with the con10 currence of the Administrator, may approve a pro11 gram of a State submitted under paragraph (1) pro12 viding for the State’s own inspection and enforce13 ment authority for ballast water discharges within 

14 its jurisdiction, if the Secretary determines that the 

15 State possesses adequate resources to— 

16 ‘‘(A) inspect, monitor, and board a com17 mercial vessel at any time, including the taking 

18 and testing of ballast water samples, to ensure 

19 the commercial vessel’s compliance with this 

20 section; 

21 ‘‘(B) ensure that any ballast water dis22 charged within the waters subject to the juris23 diction of the State meets the requirements of 

24 this section; 


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1 ‘‘(C) establish adequate procedures for re2 porting violations of this section; 

3 ‘‘(D) investigate and abate violations of 

4 this section, including the imposition of civil 

5 and criminal penalties consistent with sub6 section (o); and 

7 ‘‘(E) ensure that the Secretary and the 

8 Administrator receive notice of each violation of 

9 this section in an expeditious manner. 

10 ‘‘(3) COMPLIANCE.—Any State program ap11 proved under paragraph (2) shall at all times be 

12 conducted in accordance with this subsection. 

13 ‘‘(4) WITHDRAWAL OF APPROVAL.—Whenever 

14 the Secretary, in consultation with the Adminis15 trator, determines, after providing notice and the op16 portunity for a public hearing, that a State is not 

17 administering a program in accordance with the 

18 terms of the program as approved under paragraph 

19 (2), the Secretary shall notify the State, and, if ap20 propriate corrective action is not taken within a pe21 riod of time not to exceed 90 days, the Secretary, 

22 with the concurrence of the Administrator, shall 

23 withdraw approval of the program. The Secretary 

24 shall not withdraw approval of a program unless the 


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1 Secretary has first notified the State and made pub2 lic, in writing, the reasons for the withdrawal. 

3 ‘‘(5) LIMITATION ON STATUTORY CONSTRUC4 TION.—Nothing in this subsection shall limit the au5 thority of the Administrator or the Secretary to 

6 carry out inspections of any commercial vessel under 

7 subsection (n). 

8 ‘‘(6) STATE LAWS.—Notwithstanding any other 

9 provision of this section, a State may enact such 

10 laws as are necessary to provide for the implementa11 tion of the State ballast water inspection and en12 forcement program provided under this subsection. 

13 The requirements for a ballast water inspection and 

14 enforcement program contained in such State law 

15 shall be substantively and procedurally equivalent to 

16 those required in this section, and any requirements 

17 relating to recordkeeping, reporting, and sampling or 

18 analysis contained in such State law shall be sub19 stantively and procedurally equivalent to the require20 ments of this section and its implementing regula21 tions and guidance. 

22 ‘‘(l) DISCHARGES INCIDENTAL TO THE NORMAL OP23 ERATIONS OF A COMMERCIAL VESSEL.— 

24 ‘‘(1) EVALUATION OF INCIDENTAL DIS25 CHARGES.— 


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1 ‘‘(A) IN GENERAL.—Not later than 3 years 

2 after the date of enactment of this section, the 

3 Administrator, in consultation with the Sec4 retary, shall complete an evaluation of dis5 charges incidental to the normal operation of a 

6 commercial vessel. 

7 ‘‘(B) FACTORS.—In carrying out the eval8 uation, the Administrator shall analyze— 

9 ‘‘(i) the characterization of the var10 ious types and composition of discharges 

11 incidental to the normal operation of a 

12 commercial vessel by different classes, 

13 types, and sizes of commercial vessels; 

14 ‘‘(ii) the volume of such discharges for 

15 representative individual commercial ves16 sels and by classes, types, and sizes of 

17 commercial vessels in the aggregate; 

18 ‘‘(iii) the availability and feasibility of 

19 implementing technologies or best manage20 ment practices for the control of such dis21 charges; 

22 ‘‘(iv) the characteristics of the receiv23 ing waters of such discharges; 


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1 ‘‘(v) the nature and extent of poten2 tial effects of such discharges on human 

3 health, welfare, and the environment; 

4 ‘‘(vi) the extent to which such dis5 charges are currently subject to and ad6 dressed by regulations under existing Fed7 eral laws or binding international obliga8 tions of the United States; and 

9 ‘‘(vii) any additional factor that the 

10 Administrator considers appropriate. 

11 ‘‘(2) REGULATION OF INCIDENTAL DIS12 CHARGES.—Effective on and after the date of enact13 ment of this section— 

14 ‘‘(A) the Administrator (or a State in the 

15 case of a permit program approved under sec16 tion 402) shall not require any new permit or 

17 permit conditions under section 402 for any dis18 charge incidental to the normal operation of a 

19 commercial vessel; and 

20 ‘‘(B) a State or political subdivision there21 of shall not adopt or enforce any law or regula22 tion of the State or political subdivision with re23 spect to such a discharge. 

24 ‘‘(m) EFFECT ON VESSEL GENERAL PERMIT.— 


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1 ‘‘(1) EXPIRATION.—Notwithstanding the expi2 ration date set forth in the Vessel General Permit, 

3 the Vessel General Permit shall expire as follows: 

4 ‘‘(A) The terms and conditions of section 

5 6 of such permit or any law of a State regu6 lating the discharge of ballast water or any dis7 charge incidental to the normal operation of a 

8 commercial vessel, upon the date of enactment 

9 of this section. 

10 ‘‘(B) For each commercial vessel, the 

11 terms and conditions of such permit (except the 

12 terms and conditions referred to in subpara13 graph (A)) applicable to a discharge of ballast 

14 water— 

15 ‘‘(i) on the date on which— 

16 ‘‘(I) a ballast water treatment 

17 technology certified under subsection 

18 (e) is installed on the commercial ves19 sel; 

20 ‘‘(II) an alternative method of 

21 compliance established for the com22 mercial vessel under subsection (f) is 

23 implemented for the commercial ves24 sel; 


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1 ‘‘(III) a petition is granted for 

2 the commercial vessel under sub3 section (g); or 

4 ‘‘(IV) a certificate is issued for 

5 the commercial vessel under sub6 section (h); or 

7 ‘‘(ii) in any case not described in 

8 clause (i), on December 18, 2013. 

9 ‘‘(2) DISCHARGES INCIDENTAL TO THE NOR10 MAL OPERATION OF COMMERCIAL VESSELS.—Not11 withstanding the expiration date set forth in the 

12 Vessel General Permit, the terms and conditions of 

13 such permit (except the terms and conditions re14 ferred to in paragraph (1)(A)) applicable to dis15 charges incidental to the normal operation of a com16 mercial vessel shall remain in effect. 

17 ‘‘(n) INSPECTIONS AND ENFORCEMENT.— 

18 ‘‘(1) IN GENERAL.— 

19 ‘‘(A) COAST GUARD ENFORCEMENT.—The 

20 Secretary shall enforce the requirements of this 

21 section and may utilize by agreement, with or 

22 without reimbursement, law enforcement offi23 cers or other personnel and facilities of the Ad24 ministrator, other Federal agencies, and the 

25 States. 


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1 ‘‘(B) ENVIRONMENTAL PROTECTION AGEN2 CY ACTIONS.—Notwithstanding any enforce3 ment decisions of the Secretary under subpara4 graph (A), the Administrator may use the au5 thorities provided in sections 308, 309, 312, 

6 and 504 whenever required to carry out this 

7 section. 

8 ‘‘(2) COAST GUARD INSPECTIONS.—The Sec9 retary may carry out inspections of any commercial 

10 vessel at any time, including the taking of ballast 

11 water samples, to ensure compliance with this sec12 tion. The Secretary shall use all appropriate and 

13 practical measures of detection and environmental 

14 monitoring of such commercial vessels and shall es15 tablish adequate procedures for reporting violations 

16 of this section and accumulating evidence regarding 

17 such violations. 

18 ‘‘(o) COMPLIANCE.— 

19 ‘‘(1) DETENTION OF COMMERCIAL VESSEL.— 

20 The Secretary, by notice to the owner or operator, 

21 may detain the commercial vessel if the Secretary 

22 has reasonable cause to believe that the commercial 

23 vessel does not comply with a requirement of this 

24 section or is being operated in violation of such a re25 quirement. 


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1 ‘‘(2) SANCTIONS.— 

2 ‘‘(A) CIVIL PENALTIES.— 

3 ‘‘(i) IN GENERAL.—Any person who 

4 violates this section shall be liable for a 

5 civil penalty in an amount determined 

6 under clause (ii). Each day of a continuing 

7 violation constitutes a separate violation. A 

8 commercial vessel operated in violation of 

9 this section is liable in rem for any civil 

10 penalty assessed for that violation. 

11 ‘‘(ii) PENALTY AMOUNTS.—The 

12 amount of a civil penalty assessed under 

13 clause (i) shall be determined as follows: 

14 ‘‘(I) For vessels with a ballast 

15 water capacity less than 1500 cubic 

16 meters, not to exceed $25,000 for 

17 each violation. 

18 ‘‘(II) For vessels with a ballast 

19 water capacity of 1500 cubic meters 

20 but not more than 5,000 cubic me21 ters, not to exceed $28,750 for each 

22 violation. 

23 ‘‘(III) For vessels with a ballast 

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1 cubic meters, not to exceed $32,500 

2 for each violation. 

3 ‘‘(B) CRIMINAL PENALTIES.—Any person 

4 who knowingly violates this section shall be 

5 punished by a fine of not less that $5,000 nor 

6 more than $50,000 per day of violation, or by 

7 imprisonment for not more than 3 years, or 

8 both. If a conviction of a person is for a viola9 tion committed after a first conviction of such 

10 person under this paragraph, punishment shall 

11 be by a fine of not more than $100,000 per day 

12 of violation, or imprisonment of not more than 

13 6 years, or both. 

14 ‘‘(C) REVOCATION OF CLEARANCE.—Upon 

15 request of the Secretary, the Secretary of 

16 Homeland Security shall withhold or revoke the 

17 clearance of a commercial vessel required by 

18 section 60105 of title 46, United States Code, 

19 if the owner or operator is in violation of this 

20 section. 

21 ‘‘(3) ENFORCEMENT ACTIONS.— 

22 ‘‘(A) ADMINISTRATIVE ACTIONS.—If the 

23 Secretary finds that a person has violated this 

24 section, the Secretary may assess a civil penalty 

25 for the violation. In determining the amount of 


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1 the civil penalty, the Secretary shall take into 

2 account the nature, circumstances, extent, and 

3 gravity of the prohibited acts committed and, 

4 with respect to the violator, the degree of culpa5 bility, any history of prior violations, and such 

6 other matters as justice may require. 

7 ‘‘(B) CIVIL ACTIONS.—At the request of 

8 the Secretary, the Attorney General may bring 

9 a civil action in an appropriate district court of 

10 the United States to enforce this section. Any 

11 court before which such an action is brought 

12 may award appropriate relief, including tem13 porary or permanent injunctions and civil pen14 alties. 

15 ‘‘(4) EXCLUSION.—No person shall be found in 

16 violation of this section whose commission of prohib17 ited acts is found by the Secretary to have been in 

18 the interest of ensuring the safety of life at sea. 

19 ‘‘(p) REGULATION UNDER OTHER SECTIONS OF

20 THIS ACT.—This section shall not affect the regulation 

21 of discharges from a commercial vessel pursuant to section 

22 311 or 312.’’. 


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1 SEC. 703. DISCHARGES INCIDENTAL TO THE NORMAL OP2 ERATION OF A COVERED VESSEL. 

3 (a) DISCHARGES INCIDENTAL TO THE NORMAL OP4 ERATION OF A COVERED VESSEL.— 

5 (1) NO PERMIT REQUIRED.—Section 402 of the 

6 Federal Water Pollution Control Act (33 U.S.C. 

7 1342) is amended by adding at the end the fol8 lowing: 

9 ‘‘(s) DISCHARGES INCIDENTAL TO THE NORMAL OP10 ERATION OF A COVERED VESSEL.—No permit shall be re11 quired under this Act by the Administrator (or a State, 

12 in the case of a permit program approved under subsection 

13 (b)) for a discharge incidental to the normal operation of 

14 a covered vessel (as defined in section 312(p)).’’. 

15 (2) BEST MANAGEMENT PRACTICES FOR COV16 ERED VESSELS.—Section 312 of the Federal Water 

17 Pollution Control Act (33 U.S.C. 1342) is amended 

18 by adding at the end the following: 

19 ‘‘(p) BEST MANAGEMENT PRACTICES FOR COVERED

20 VESSELS.— 

21 ‘‘(1) DEFINITIONS.—In this subsection, the fol22 lowing definitions apply: 

23 ‘‘(A) COVERED VESSEL.—The term ‘cov24 ered vessel’ means every description of 

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1 portation on water, that is engaged in commer2 cial service (as defined under section 2101 of 

3 title 46, United States Code), and— 

4 ‘‘(i) is less than 79 feet in length; or 

5 ‘‘(ii) is a fishing vessel (as defined in 

6 section 2101 of title 46, United States 

7 Code), regardless of length of the vessel. 

8 ‘‘(B) DISCHARGE INCIDENTAL TO THE

9 NORMAL OPERATION OF A COVERED VESSEL.— 

10 The term ‘discharge incidental to the normal 

11 operation of a covered vessel’ means a discharge 

12 incidental to the normal operation of a commer13 cial vessel (as defined in section 321), insofar 

14 as the commercial vessel is a covered vessel. 

15 ‘‘(2) DETERMINATION OF DISCHARGES SUB16 JECT TO BEST MANAGEMENT PRACTICES.— 

17 ‘‘(A) DETERMINATION.— 

18 ‘‘(i) IN GENERAL.—The Adminis19 trator, in consultation with the Secretary 

20 of the department in which the Coast 

21 Guard is operating, shall determine the 

22 discharges incidental to the normal oper23 ation of a covered vessel for which it is 

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1 verse impacts of such discharges on the 

2 waters of the United States. 

3 ‘‘(ii) PROMULGATION.—The Adminis4 trator shall promulgate the determinations 

5 under clause (i) in accordance with section 

6 553 of title 5, United States Code. 

7 ‘‘(B) CONSIDERATIONS.—In making a de8 termination under subparagraph (A), the Ad9 ministrator shall consider— 

10 ‘‘(i) the nature of the discharge; 

11 ‘‘(ii) the environmental effects of the 

12 discharge, including characteristics of the 

13 receiving waters; 

14 ‘‘(iii) the effectiveness of the best 

15 management practice in reducing adverse 

16 impacts of the discharge on water quality; 

17 ‘‘(iv) the practicability of developing 

18 and using a best management practice; 

19 ‘‘(v) the effect that the use of a best 

20 management practice would have on the 

21 operation, operational capability, or safety 

22 of the vessel; 

23 ‘‘(vi) applicable Federal and State 

24 law; 


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1 ‘‘(vii) applicable international stand2 ards; and 

3 ‘‘(viii) the economic costs of the use of 

4 the best management practice. 

5 ‘‘(C) TIMING.—The Administrator shall— 

6 ‘‘(i) make initial determinations under 

7 subparagraph (A) not later than 1 year 

8 after the date of enactment of this sub9 section; and 

10 ‘‘(ii) every 5 years thereafter— 

11 ‘‘(I) review the determinations; 

12 and 

13 ‘‘(II) if necessary, revise the de14 terminations based on any new infor15 mation available to the Administrator. 

16 ‘‘(3) REGULATIONS FOR THE USE OF BEST

17 MANAGEMENT PRACTICES.— 

18 ‘‘(A) IN GENERAL.—The Secretary of the 

19 department in which the Coast Guard is oper20 ating, in consultation with the Administrator, 

21 shall promulgate regulations on the use of best 

22 management practices for discharges incidental 

23 to the normal operation of a covered vessel that 

24 the Administrator determines are reasonable 

25 and practicable to develop under paragraph (2). 


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1 ‘‘(B) REGULATIONS.— 

2 ‘‘(i) IN GENERAL.—The Secretary 

3 shall promulgate the regulations under this 

4 paragraph as soon as practicable after the 

5 Administrator makes determinations pur6 suant to paragraph (2). 

7 ‘‘(ii) CONSIDERATIONS.—In promul8 gating regulations under this paragraph, 

9 the Secretary may— 

10 ‘‘(I) distinguish among classes, 

11 types, and sizes of vessels; 

12 ‘‘(II) distinguish between new 

13 and existing vessels; and 

14 ‘‘(III) provide for a waiver of the 

15 applicability of the standards as nec16 essary or appropriate to a particular 

17 class, type, age, or size of vessel. 

18 ‘‘(4) EFFECT OF OTHER LAWS.—This sub19 section shall not affect the application of section 311 

20 to a covered vessel. 

21 ‘‘(5) PROHIBITION RELATING TO COVERED VES22 SELS.—After the effective date of the regulations 

23 promulgated by the Secretary of the department in 

24 which the Coast Guard is operating under paragraph 

25 (3), the owner or operator of a covered vessel shall 


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1 neither operate in, nor discharge any discharge inci2 dental to the normal operation of the vessel into 

3 navigable waters, if the owner or operator of the ves4 sel is not using any applicable best management 

5 practice meeting standards established under this 

6 subsection.’’. 

7 SEC. 704. CONFORMING AND TECHNICAL AMENDMENTS. 

8 (a) EFFLUENT LIMITATIONS.—Section 301(a) of the 

9 Federal Water Pollution Control Act (33 U.S.C. 1311(a)) 

10 is amended by inserting ‘‘312, 321,’’ after ‘‘318,’’. 

11 (b) REVIEW OF ADMINISTRATOR’S ACTIONS.—The 

12 first sentence of section 509(b)(1) of such Act (33 U.S.C. 

13 1369(b)(1)) is amended— 

14 (1) by striking ‘‘and (G)’’ and inserting ‘‘(G)’’; 

15 and 

16 (2) by inserting after ‘‘section 304(l),’’ the fol17 lowing: ‘‘and (H) in issuing any regulation or other18 wise taking final agency action under section 312 or 

19 321,’’. 

20 SEC. 705. REGULATION OF BALLAST WATER AND INCI21 DENTAL DISCHARGES FROM A COMMERCIAL 

22 VESSEL. 

23 (a) IN GENERAL.—Effective on the date of enact24 ment of this Act, the following discharges shall not be reg25 ulated in any manner other than as specified in section 


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1 312 or 321 of the Federal Water Pollution Control Act 

2 (as added by this title): 

3 (1) A discharge incidental to the normal oper4 ation of a commercial vessel. 

5 (2) A discharge of ballast water from a com6 mercial vessel. 

7 (b) DEFINITIONS.—In this section, the terms ‘‘ballast 

8 water’’, ‘‘commercial vessel’’, and ‘‘discharge incidental to 

9 the normal operation of a commercial vessel’’ have the 

10 meanings given those terms in section 321(a) of the Fed11 eral Water Pollution Control Act (as added by this title). 

12 SEC. 706. NONINDIGENOUS AQUATIC NUISANCE PREVEN13 TION AND CONTROL ACT OF 1990. 

14 (a) AQUATIC NUISANCE SPECIES IN WATERS OF THE

15 UNITED STATES.—Effective on the date of issuance of 

16 final regulations under section 321(b) of the Federal 

17 Water Pollution Control Act (as added by this title), sec18 tion 1101 of the Nonindigenous Aquatic Nuisance Preven19 tion and Control Act of 1990 (16 U.S.C. 4711) is re20 pealed. 

21 (b) RELATIONSHIP TO OTHER LAWS.—Effective on 

22 the date of enactment of this Act, section 1205 of the 

23 Nonindigenous Aquatic Nuisance Prevention and Control 

24 Act of 1990 (16 U.S.C. 4725) is repealed. 


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1 SEC. 707. SPECIAL CONSIDERATION FOR VESSELS OF HIS2 TORICAL SIGNIFICANCE. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of this title or the amendments made by this title, 

5 a qualified vessel shall operate for the life of the vessel 

6 under the terms and conditions of the Vessel General Per7 mit, as in effect on November 1, 2011, without regard to 

8 any expiration dates in such permit. 

9 (b) DEFINITIONS.—In this section: 

10 (1) QUALIFIED VESSEL.—A vessel is a qualified 

11 vessel for purposes of subsection (a) if the vessel is, 

12 as of November 1, 2011— 

13 (A) on, or nominated for inclusion on, the 

14 list of National Historic Landmarks; and 

15 (B) subject to part 5.3 of the Vessel Gen16 eral Permit. 

17 (2) VESSEL GENERAL PERMIT.—The term 

18 ‘‘Vessel General Permit’’ has the definition given 

19 such term in section 321(a) of the Federal Water 

20 Pollution Control Act, as added by section 702. 

21 TITLE VIII—PIRACY 

22 SEC. 801. SHORT TITLE. 

23 This title may be cited as the ‘‘Piracy Suppression 

24 Act of 2011’’. 


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1 SEC. 802. REPORT ON ACTIONS TAKEN TO PROTECT FOR2 EIGN-FLAGGED VESSELS FROM PIRACY. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Secretary of Defense, in consultation with 

5 the Secretary of the department in which the Coast Guard 

6 is operating, shall provide to the Committee on Armed 

7 Services and the Committee on Transportation and Infra8 structure of the House of Representatives and the Com9 mittee on Armed Service and the Committee on Com10 merce, Science, and Transportation of the Senate a report 

11 on actions taken by the Secretary of Defense to protect 

12 foreign-flagged vessels from acts of piracy on the high 

13 seas. The report shall include— 

14 (1) the total number of incidents for each of the 

15 fiscal years 2008 through 2011 in which a member 

16 of the armed services or an asset under the control 

17 of the Secretary of Defense was used to interdict or 

18 defend against an act of piracy directed against any 

19 vessel not documented under the laws of the United 

20 States; and 

21 (2) the total cost for each of the fiscal years 

22 2008 through 2011 for such incidents. 


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1 SEC. 803. TRAINING PROGRAM FOR USE OF FORCE 

2 AGAINST PIRACY. 

3 (a) IN GENERAL.—Chapter 517 of title 46, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 51705. Training program for use of force against 

7 piracy 

8 ‘‘The Secretary of Transportation shall establish a 

9 training program for United States mariners on the use 

10 of force against pirates. The program shall include— 

11 ‘‘(1) information on waters designated as high12 risk waters by the Commandant of the Coast Guard; 

13 ‘‘(2) information on current threats and pat14 terns of attack by pirates; 

15 ‘‘(3) tactics for defense of a vessel, including in16 struction on the types, use, and limitations of secu17 rity equipment; 

18 ‘‘(4) standard rules for the use of force for self 

19 defense as developed by the Secretary of the depart20 ment in which the Coast Guard is operating under 

21 section 912(c) of the Coast Guard Authorization Act 

22 of 2010 (Public Law 111–281; 46 U.S.C. 8107 

23 note), including instruction on firearm safety for 

24 crewmembers of vessels carrying cargo under section 

25 55305 of this title; and 


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1 ‘‘(5) procedures to follow to improve crew2 member survivability if captured and taken hostage 

3 by pirates.’’. 

4 (b) DEADLINE.—The Secretary of Transportation 

5 shall establish the program required under the amendment 

6 made by subsection (a) by no later than 180 days after 

7 the date of enactment of this Act. 

8 (c) CLERICAL AMENDMENT.—The analysis at the be9 ginning of such chapter is amended by adding at the end 

10 the following new item: 

‘‘51705. Training program for use of force against piracy.’’. 

11 SEC. 804. SECURITY OF GOVERNMENT IMPELLED CARGO. 

12 Section 55305 of title 46, United States Code, is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(e) SECURITY OF GOVERNMENT IMPELLED

16 CARGO.— 

17 ‘‘(1) In order to assure the safety of vessels and 

18 crewmembers transporting equipment, materials, or 

19 commodities under this section, the Secretary of 

20 Transportation shall direct each department or 

21 agency (except the Department of Defense) respon22 sible for the carriage of such equipment, materials, 

23 or commodities to provide armed personnel aboard 

24 vessels of the United States carrying such equipVerDate Mar 15 2010 01:19 Nov 17, 2011 Jkt 019200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H2838.RFS H2838

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1 ment, materials, or commodities while transiting 

2 high-risk waters. 

3 ‘‘(2) The Secretary of Transportation shall di4 rect each such department or agency to reimburse, 

5 subject to the availability or appropriations, the 

6 owners or operators of such vessels for the cost of 

7 providing armed personnel. 

8 ‘‘(3) For the purposes of this subsection, the 

9 term ‘high-risk waters’ means waters so designated 

10 by the Commandant of the Coast Guard in the Port 

11 Security Advisory in effect on the date on which the 

12 voyage begins.’’. 

13 SEC. 805. GAO STUDY. 

14 Not later than 1 year after the date of enactment 

15 of this Act, the Comptroller General of the United States 

16 shall report to the Committee on Transportation and In17 frastructure of the House of Representatives and the Com18 mittee on Commerce, Science, and Transportation of the 

19 Senate on efforts to track ransom payments paid to pi20 rates operating in the waters off Somalia and improve the 

21 prosecution of such pirates. The report shall include— 

22 (1) the status of Working Group 5 of the Con23 tact Group on Piracy Off the Somali Coast, any ef24 forts undertaken by the Working Group, and recVerDate Mar 15 2010 01:19 Nov 17, 2011 Jkt 019200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H2838.RFS H2838

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1 ommendations for improving the Working Group’s 

2 effectiveness; 

3 (2) efforts undertaken by the United States 

4 Government to implement and enforce Executive 

5 Order 13536, including recommendations on how to 

6 better implement that order to suppress piracy; 

7 (3) efforts undertaken by the United States 

8 Government to track ransom payments made to pi9 rates operating off the coast of Somalia, the effec10 tiveness of those efforts, any operational actions 

11 taken based off those efforts, and recommendations 

12 on how to improve such tracking; 

13 (4) actions taken by the United States Govern14 ment to improve the international prosecution of pi15 rates captured off the coast of Somalia; and 

16 (5) an update on the United States Govern17 ment’s efforts to implement the recommendation 

18 contained in General Accountability Office report 

19 GAO–10–856, entitled ‘‘Maritime Security: Actions 

20 Needed to Assess and Update Plan and Enhance 

21 Collaboration among Partners Involved in Coun22 tering Piracy off the Horn of Africa’’, that metrics 


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1 should be established for measuring the effectiveness 

2 of counter piracy efforts. 

Passed the House of Representatives November 15, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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