SECTION 1. SHORT TITLE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Coast Guard and Maritime Transportation Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title. 
TITLE I—AUTHORIZATION 
Sec. 101. Authorization of appropriations. 
Sec. 102. Authorized levels of military strength and training. 
TITLE II—COAST GUARD AND SERVICEMEMBER PARITY 
Sec. 201. Academy emoluments. 
Sec. 202. Policy on sexual harassment and sexual violence. 
Sec. 203. Appointments of permanent commissioned officers. 
Sec. 204. Minor construction. 
Sec. 205. Treatment of reports of aircraft accident investigations. 
Sec. 206. Acquisition workforce expedited hiring authority. 
Sec. 207. Coast Guard housing report. 
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 lati-
tude 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 capac-
ity to meet national defense requirements. 
Sec. 411. Classification societies.
TITLE V—FEDERAL MARITIME COMMISSION 
Sec. 501. Authorization of appropriations. 
TITLE VI—MISCELLANEOUS 
Sec. 601. Technical corrections. 
Sec. 602. Report on Coast Guard merchant mariner medical evaluation pro-
gram. 
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 in-
formation. 
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 commer-
cial 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 pi-
racy. 
Sec. 803. Training program for use of force against piracy. 
Sec. 804. Security of Government impelled cargo. 
Sec. 805. GAO study.
TITLE I—AUTHORIZATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are authorized to be appropriated for each of 
the fiscal years 2012, 2013, and 2014 for necessary ex-
penses of the Coast Guard as follows: 
(1) For the operation and maintenance of the 
Coast Guard— 
(A) $6,819,505,000 for fiscal year 2012; 
(B) $6,922,645,000 for fiscal year 2013; 
and 
(C) $7,018,499,000 for fiscal year 2014; 
of which $24,500,000 is authorized for each of the 
fiscal years 2012, 2013, and 2014 to be derived 
from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollu-
tion Act of 1990 (33 U.S.C. 2712(a)(5)). 
(2) For the acquisition, construction, rebuild-
ing, and improvement of aids to navigation, shore 
and offshore facilities, vessels, and aircraft, includ-
ing related equipment thereto— 
(A) $1,503,980,000 for fiscal year 2012; 
(B) $1,505,312,000 for fiscal year 2013; 
and 
(C) $1,506,549,000 for fiscal year 2014;
to remain available until expended, of which 
$20,000,000 for each of the fiscal years 2012, 2013, 
and 2014 shall be derived from the Oil Spill Liabil-
ity Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990. 
(3) For the Coast Guard Reserve program, in-
cluding personnel and training costs, equipment, and 
services— 
(A) $136,778,000 for fiscal year 2012; 
(B) $138,111,000 for fiscal year 2013; and 
(C) $139,311,000 for fiscal year 2014. 
(4) For environmental compliance and restora-
tion of Coast Guard vessels, aircraft, and facilities 
(other than parts and equipment associated with op-
eration and maintenance)— 
(A) $16,699,000 for fiscal year 2012; 
(B) $16,699,000 for fiscal year 2013; and 
(C) $16,700,000 for fiscal year 2014; 
to remain available until expended. 
(5) To the Commandant of the Coast Guard for 
research, development, test, and evaluation of tech-
nologies, materials, and human factors directly re-
lated to improving the performance of the Coast 
Guard’s mission in search and rescue, aids to navi-
gation, marine safety, marine environmental protec-
tion, enforcement of laws and treaties, ice oper-
ations, oceanographic research, and defense readi-
ness— 
(A) $19,779,000 for fiscal year 2012; 
(B) $19,848,000 for fiscal year 2013; and 
(C) $19,913,000 for fiscal year 2014; 
of which $650,000 for each of the fiscal years 2012, 
2013, and 2014 shall be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990. 
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 
AND TRAINING. 
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is 
authorized an end-of-year strength for active duty per-
sonnel of 47,000 for each of the fiscal years 2012 through 
fiscal year 2014. 
(b) MILITARY TRAINING STUDENT LOADS.—The 
Coast Guard is authorized average military training stu-
dent loads for the each of the fiscal years 2012 through 
fiscal year 2014 as follows: 
(1) For recruit and special training, 2,500 stu-
dent years. 
(2) For flight training, 165 student years. 
(3) For professional training in military and ci-
vilian institutions, 350 student years.
(4) For officer acquisition, 1,200 student years. 
TITLE II—COAST GUARD AND 
SERVICEMEMBER PARITY 
SEC. 201. ACADEMY EMOLUMENTS. 
Section 195 of title 14, United States Code, is 
amended— 
(1) in subsection (c)— 
(A) in the first sentence— 
(i) by striking ‘‘person’’ and inserting 
‘‘foreign national’’; and 
(ii) by striking ‘‘pay and allowances,’’ 
and inserting ‘‘pay, allowances, and emolu-
ments,’’; and 
(B) in the second sentence— 
(i) by striking ‘‘A person’’ and insert-
ing ‘‘A foreign national’’; and 
(ii) by striking ‘‘pay and allowances,’’ 
and inserting ‘‘pay, allowances, and emolu-
ments,’’; and 
(2) in subsection (d), by striking ‘‘A person’’ 
and inserting ‘‘A foreign national’’.
SEC. 202. POLICY ON SEXUAL HARASSMENT AND SEXUAL 
VIOLENCE. 
(a) POLICY REQUIREMENT.—Chapter 9 of title 14, 
United States Code, is amended by adding at the end the 
following: 
‘‘§ 200. Policy on sexual harassment and sexual vio-
lence 
‘‘(a) REQUIRED POLICY.—The Commandant shall di-
rect the Superintendent of the Coast Guard Academy to 
prescribe a policy on sexual harassment and sexual vio-
lence applicable to the cadets and other personnel of the 
Coast Guard Academy. 
‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The 
policy on sexual harassment and sexual violence prescribed 
under this section shall include specification of the fol-
lowing: 
‘‘(1) Programs to promote awareness of the in-
cidence of rape, acquaintance rape, and other sexual 
offenses of a criminal nature that involve cadets or 
other Academy personnel. 
‘‘(2) Procedures that a cadet should follow in 
the case of an occurrence of sexual harassment or 
sexual violence, including— 
‘‘(A) if the cadet chooses to report an oc-
currence of sexual harassment or sexual vio-
lence, a specification of the person or persons to
ment to determine the effectiveness of the policies, 
training, and procedures of the Academy with re-
spect to sexual harassment and sexual violence in-
volving Academy personnel. 
‘‘(2) For the assessment at the Academy under 
paragraph (1) with respect to an Academy program 
year that begins in an odd-numbered calendar year, 
the Superintendent shall conduct a survey of Acad-
emy personnel— 
‘‘(A) to measure— 
‘‘(i) the incidence, during that pro-
gram year, of sexual harassment and sex-
ual violence events, on or off the Academy 
reservation, that have been reported to of-
ficials of the Academy; and 
‘‘(ii) the incidence, during that pro-
gram year, of sexual harassment and sex-
ual violence events, on or off the Academy 
reservation, that have not been reported to 
officials of the Academy; and 
‘‘(B) to assess the perceptions of Academy 
personnel of— 
‘‘(i) the policies, training, and proce-
dures on sexual harassment and sexual vio-
lence involving Academy personnel;
‘‘(ii) the enforcement of such policies; 
‘‘(iii) the incidence of sexual harass-
ment and sexual violence involving Acad-
emy personnel; and 
‘‘(iv) any other issues relating to sex-
ual harassment and sexual violence involv-
ing Academy personnel. 
‘‘(d) ANNUAL REPORT.— 
‘‘(1) The Commandant shall direct the Super-
intendent of the Academy to submit to the Com-
mandant a report on sexual harassment and sexual 
violence involving cadets or other personnel at the 
Academy for each Academy program year. 
‘‘(2) Each report under paragraph (1) shall in-
clude, for the Academy program year covered by the 
report, the following: 
‘‘(A) The number of sexual assaults, rapes, 
and other sexual offenses involving cadets or 
other Academy personnel that have been re-
ported to Academy officials during the program 
year and, of those reported cases, the number 
that have been substantiated. 
‘‘(B) The policies, procedures, and proc-
esses implemented by the Commandant and the 
leadership of the Academy in response to sexual
harassment and sexual violence involving cadets 
or other Academy personnel during the pro-
gram year. 
‘‘(C) A plan for the actions that are to be 
taken in the following Academy program year 
regarding prevention of and response to sexual 
harassment and sexual violence involving cadets 
or other Academy personnel. 
‘‘(3) Each report under paragraph (1) for an 
Academy program year that begins in an odd-num-
bered calendar year shall include the results of the 
survey conducted in that program year under sub-
section (c)(2). 
‘‘(4)(A) The Commandant shall transmit to the 
Board of Visitors of the Academy each report re-
ceived by the Commandant under this subsection, to-
gether with the Commandant’s comments on the re-
port. 
‘‘(B) The Commandant shall transmit each 
such report, together with the Commandant’s com-
ments on the report, to the Committee on Com-
merce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infra-
structure of the House of Representatives.’’.
(b) CONFORMING REPEAL.—Section 217 of the Coast 
Guard Authorization Act of 2010 (14 U.S.C. 93 note), 
and the item relating to such section in the table of con-
tents in section 1(b) of such Act, are repealed. 
(c) TECHNICAL AND CLERICAL AMENDMENTS.—The 
analysis at the beginning of such chapter is amended by 
adding at the end the following: 
‘‘200. Policy on sexual harassment and sexual violence.’’. 
SEC. 203. APPOINTMENTS OF PERMANENT COMMISSIONED 
OFFICERS. 
Section 211 of title 14, United States Code, is 
amended by adding at the end the following: 
‘‘(d) For the purposes of this section, the term ‘origi-
nal’, with respect to the appointment of a member of the 
Coast Guard refers to that member’s most recent appoint-
ment in the Coast Guard that is neither a promotion nor 
a demotion.’’. 
SEC. 204. MINOR CONSTRUCTION. 
(a) IN GENERAL.—Section 656 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(d) MINOR CONSTRUCTION AND IMPROVEMENT.— 
‘‘(1) Subject to the reporting requirements set 
forth in paragraph (2), the Secretary may expend 
not more than $1,500,000 from amounts available 
for the operating expenses of the Coast Guard for
minor construction and improvement projects at any 
location. 
‘‘(2) No later than 90 days after the end of 
each fiscal year, the Secretary shall submit, to the 
Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives, a report on each project undertaken 
during the course of the preceding fiscal year, for 
which the amount expended under paragraph (1) ex-
ceeded $500,000.’’. 
(b) CLERICAL AMENDMENT.— 
(1) Section 656 of title 14, United States Code, 
is further amended in the heading by adding at the 
end the following: ‘‘; use of moneys appro-
priated for operating expenses for minor 
construction and improvement’’. 
(2) The analysis at the beginning of chapter 17 
of such title is amended in the item relating to sec-
tion 656 by striking ‘‘waters.’’ and inserting 
‘‘waters; use of moneys appropriated for operating 
expenses for minor construction and improvement.’’.
SEC. 205. TREATMENT OF REPORTS OF AIRCRAFT ACCI-
DENT INVESTIGATIONS. 
(a) IN GENERAL.—Chapter 17 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 678. Treatment of reports of aircraft accident in-
vestigations 
‘‘(a) IN GENERAL.—Whenever the Commandant con-
ducts an accident investigation of an accident involving an 
aircraft under the jurisdiction of the Commandant, the 
records and report of the investigation shall be treated in 
accordance with this section. 
‘‘(b) PUBLIC DISCLOSURE OF CERTAIN ACCIDENT 
INVESTIGATION INFORMATION.— 
‘‘(1) Subject to paragraph (2), the Com-
mandant, upon request, shall publicly disclose un-
classified tapes, scientific reports, and other factual 
information pertinent to an aircraft accident inves-
tigation. 
‘‘(2) The Commandant shall not disclose the in-
formation requested in paragraph (1) unless the 
Commandant determines— 
‘‘(A) that such tapes, reports, or other in-
formation would be included within and releas-
able with the final accident investigation report; 
and
‘‘(B) that release of such tapes, reports, or 
other information— 
‘‘(i) would not undermine the ability 
of accident or safety investigators to con-
tinue to conduct the investigation; and 
‘‘(ii) would not compromise national 
security. 
‘‘(3) A disclosure under paragraph (1) may not 
be made by or through officials with responsibility 
for, or who are conducting, a safety investigation 
with respect to the accident. 
‘‘(c) OPINIONS REGARDING CAUSATION
OF ACCI-
DENT.—Following an aircraft accident referred to in sub-
section (a)— 
‘‘(1) if the evidence surrounding the accident is 
sufficient for the investigators who conduct the acci-
dent investigation to come to an opinion as to the 
cause or causes of the accident, the final report of 
the accident investigation shall set forth the opinion 
of the investigators as to the cause or causes of the 
accident; and 
‘‘(2) if the evidence surrounding the accident is 
not sufficient for the investigators to come to an 
opinion as to the cause or causes of the accident, the 
final report of the accident investigation shall in-
clude a description of those factors, if any, that, in 
the opinion of the investigators, substantially con-
tributed to or caused the accident. 
‘‘(d) USE
OF
INFORMATION
IN
CIVIL
PRO-
CEEDINGS.—For purposes of any civil or criminal pro-
ceeding arising from an aircraft accident referred to in 
subsection (a), any opinion of the accident investigators 
as to the cause of, or the factors contributing to, the acci-
dent set forth in the accident investigation report may not 
be considered as evidence in such proceeding, nor may 
such report be considered an admission of liability by the 
United States or by any person referred to in such report. 
‘‘(e) REGULATIONS.—The Commandant shall pre-
scribe regulations to carry out this section. 
‘‘(f) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘accident investigation’ means 
any form of investigation by Coast Guard personnel 
of an aircraft accident referred to in subsection (a), 
other than a safety investigation; and 
‘‘(2) the term ‘safety investigation’ means an 
investigation by Coast Guard personnel of an air-
craft accident referred to in subsection (a), that is 
conducted solely to determine the cause of the acci-
dent and to obtain information that may prevent the 
occurrence of similar accidents.’’.
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
the following: 
‘‘678. Treatment of reports of aircraft accident investigations.’’. 
SEC. 206. ACQUISITION WORKFORCE EXPEDITED HIRING 
AUTHORITY. 
Section 404 of the Coast Guard Authorization Act 
of 2010 (Public Law 111–281; 124 Stat. 2950) is amend-
ed— 
(1) in subsection (a)(1), by striking ‘‘as short-
age category positions;’’ and inserting ‘‘as positions 
for which there exists a shortage of candidates or 
there is a critical hiring need;’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘paragraph’’ and inserting 
‘‘section’’; and 
(B) by striking ‘‘2012.’’ and inserting 
‘‘2015.’’. 
SEC. 207. COAST GUARD HOUSING REPORT. 
In conjunction with the transmittal by the President 
of the budget of the United States for fiscal year 2013, 
the Commandant of the Coast Guard shall submit to the 
Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives a report on
the status of Coast Guard servicemember housing, includ-
ing— 
(1) a statement of the Coast Guard’s housing 
needs requirements; 
(2) an assessment of the condition of the Coast 
Guard’s current housing inventory, including both 
leased and owned property; 
(3) an assessment of housing available for 
Coast Guard use from surrounding communities and 
other government agencies for all duty stations; 
(4) a list of housing capacity shortfalls and ex-
cess; and 
(5) a revised prioritized list of housing mainte-
nance and recapitalization projects. 
SEC. 208. ADVANCE PROCUREMENT FUNDING. 
(a) IN GENERAL.—Subchapter II of chapter 15 of 
title 14, United States Code, is amended by adding at the 
end the following: 
‘‘§ 577. Advance procurement funding 
‘‘(a) IN GENERAL.—With respect to any Coast Guard 
vessel for which amounts are appropriated or otherwise 
made available for vessels for the Coast Guard in any fis-
cal year, the Commandant, subject to section 569a(a) for 
the sixth national security cutter and section 569a for the 
seventh national security cutter, may enter into a contract
or place an order, in advance of a contract or order for 
construction of a vessel, for— 
‘‘(1) materials, parts, components, and labor for 
the vessel; 
‘‘(2) the advance construction of parts or com-
ponents for the vessel; 
‘‘(3) protection and storage of materials, parts, 
or components for the vessel; and 
‘‘(4) production planning, design, and other re-
lated support services that reduce the overall pro-
curement lead time of the vessel. 
‘‘(b) USE OF MATERIALS, PARTS, AND COMPONENTS 
MANUFACTURED IN THE UNITED STATES.—In entering 
into contracts and placing orders under subsection (a), the 
Commandant shall give priority to persons that manufac-
ture materials, parts, and components in the United 
States.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
of the items relating to such subchapter the following: 
‘‘577. Advance procurement funding.’’.
TITLE III—COAST GUARD 
REFORM 
SEC. 301. REPEALS. 
(a) DISTRICT OMBUDSMAN.—Section 55 of title 14, 
United States Code, and the item relating to such section 
in the analysis for chapter 3 of such title, are repealed. 
(b) FAA AIR AIDS TO NAVIGATION.—Section 82 of 
title 14, United States Code, and the item relating to such 
section in the analysis for chapter 5 of such title, are re-
pealed. 
(c) OCEAN STATIONS.—Section 90 of title 14, United 
States Code, and the item relating to such section in the 
analysis for chapter 5 of such title, are repealed. 
(d) DETAIL OF MEMBERS TO ASSIST FOREIGN GOV-
ERNMENTS.—Section 149(a) of title 14, United States 
Code, is amended by striking the second and third sen-
tences. 
(e) ADVISORY COMMITTEE.—Section 193 of title 14, 
United States Code, and the item relating to such section 
in the analysis for chapter 9 of such title, are repealed. 
(f) HISTORY FELLOWSHIPS.—Section 198 of title 14, 
United States Code, and the item relating to such section 
in the analysis for chapter 9 of such title, are repealed.
(g) ACQUISITION AWARDS.—Section 563 of title 14, 
United States Code, and the item relating to such section 
in the analysis for chapter 15 of such title, are repealed. 
SEC. 302. INTERFERENCE WITH COAST GUARD TRANS-
MISSIONS. 
Section 88 of title 14, United States Code, is amend-
ed by adding the following: 
‘‘(e) An individual who knowingly and willfully oper-
ates a device that interferes with the broadcast or recep-
tion of a radio, microwave, or other signal (including a 
signal from a global positioning system) transmitted, re-
transmitted, or augmented by the Coast Guard for the 
purpose of maritime safety is— 
‘‘(1) guilty of a class E felony; and 
‘‘(2) subject to civil penalty of not more than 
$1,000 per day for each violation.’’. 
SEC. 303. NATIONAL SECURITY CUTTERS. 
(a) IN GENERAL.—Subchapter I of chapter 15 of title 
14, United States Code is amended by adding at the end 
the following new section: 
‘‘§ 569a. National security cutters 
‘‘(a) SIXTH NATIONAL SECURITY CUTTER.—The 
Commandant may not begin production of a sixth national 
security cutter on any date before which the Com-
mandant—
‘‘(1) has acquired a sufficient number of Long 
Range Interceptor II and Cutter Boat Over the Ho-
rizon IV small boats for each of the first three na-
tional security cutters and has submitted to the 
Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives a plan to provide such boats upon the 
date of delivery of each subsequent national security 
cutter; 
‘‘(2) has achieved the goal of 225 days away 
from homeport for each of the first two national se-
curity cutters; and 
‘‘(3) has submitted to the Committee on Com-
merce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infra-
structure of the House of Representatives a program 
execution plan detailing increased aerial coverage to 
support national security cutter operations. 
‘‘(b) SEVENTH NATIONAL SECURITY CUTTER.—The 
Commandant may not begin production of a seventh na-
tional security cutter on any date before which the Com-
mandant has selected an offshore patrol cutter that meets 
at least the minimum operational requirements set out in 
the Operational Requirements Document approved by the
department in which the Coast Guard is operating on Oc-
tober 20, 2010.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
of the items relating to such subchapter the following: 
‘‘569a. National security cutters.’’. 
SEC. 304. MAJOR ACQUISITIONS REPORT. 
(a) IN GENERAL.—Subchapter I of chapter 15 of title 
14, United States Code, is further amended by adding at 
the end the following: 
‘‘§ 569b. Major acquisitions report 
‘‘(a) MAJOR ACQUISITION PROGRAMS IMPLEMENTA-
TION REPORT.—In conjunction with the transmittal by 
the President of the budget of the United States for fiscal 
year 2013 and every two fiscal years thereafter, the Sec-
retary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives a report on the status of all major ac-
quisition programs. 
‘‘(b) INFORMATION TO BE INCLUDED.—The report 
shall include for each major acquisition program— 
‘‘(1) a statement of Coast Guard’s mission 
needs and performance goals for such program, in-
cluding a justification for any change to those needs
and goals from any report previously submitted 
under this subsection; 
‘‘(2) a justification for how the projected num-
ber and capabilities of each planned acquisition pro-
gram asset meets those mission needs and perform-
ance goals; 
‘‘(3) an identification of any and all mission 
hour gaps, accompanied by an explanation on how 
and when the Coast Guard will close those gaps; 
‘‘(4) an identification of any changes to such 
program, including— 
‘‘(A) any changes to the timeline for the 
acquisition of each new asset and the phase out 
of legacy assets; and 
‘‘(B) any changes to the costs of new as-
sets and legacy assets for that fiscal year, fu-
ture fiscal years, or the total acquisition cost; 
‘‘(5) a justification for how any change to such 
program fulfills the mission needs and performance 
goals of the Coast Guard; 
‘‘(6) a description of how the Coast Guard is 
planning for the integration of each new asset ac-
quired under such program into the Coast Guard, 
including needs related to shore-based infrastructure 
and human resources;
‘‘(7) an identification of how funds in that fis-
cal year’s budget request will be allocated, including 
information on the purchase of specific assets; 
‘‘(8) a projection of the remaining operational 
lifespan and lifecycle cost of each legacy asset that 
also identifies any anticipated resource gaps; 
‘‘(9) a detailed explanation of how the costs of 
the legacy assets are being accounted for within such 
program; 
‘‘(10) an annual performance comparison of 
new assets to legacy assets; and 
‘‘(11) an identification of the scope of the an-
ticipated acquisitions workload for the next fiscal 
year; the number of officers, members, and employ-
ees of the Coast Guard currently assigned to posi-
tions in the acquisition workforce; and a determina-
tion on the adequacy of the current acquisition 
workforce to meet that anticipated workload, includ-
ing the specific positions that are or will be under-
staffed, and actions that will be taken to correct 
such understaffing. 
‘‘(c) CUTTERS NOT MAINTAINED IN CLASS.—Each 
report under subsection (a) shall identify which, if any, 
Coast Guard cutters that have been issued a certificate 
of classification by the American Bureau of Shipping have
not been maintained in class with an explanation detailing 
the reasons why they have not been maintained in class. 
‘‘(d) DEFINITION.—For the purposes of this section, 
the term ‘major acquisition program’ means an ongoing 
acquisition undertaken by the Coast Guard with a life- 
cycle 
cost 
estimate 
greater 
than 
or 
equal 
to 
$300,000,000.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is further amended by adding at 
the end of the items relating to such subchapter the fol-
lowing: 
‘‘569b. Major acquisitions report.’’. 
(c) REPEAL.— 
(1) Section 408 of the Coast Guard and Mari-
time Transportation Act of 2006 (120 Stat. 537) is 
amended by striking subsection (a). 
(2) Title 14, United States Code, is amended— 
(A) in section 562, by striking subsection 
(e) and redesignating subsections (f) and (g) as 
subsections (e) and (f), respectively; and 
(B) in section 573(c)(3), by striking sub-
paragraph (B). 
SEC. 305. ENVIRONMENTAL COMPLIANCE AND RESTORA-
TION BACKLOG. 
(a) IN GENERAL.—Section 693 of title 14, United 
States Code, is amended to read as follows:
‘‘§ 693. Annual report to Congress 
‘‘The Commandant of the Coast Guard shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate the 
prioritized list of projects eligible for environmental com-
pliance and restoration funding for each fiscal year con-
current with the President’s budget submission for that 
fiscal year.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 19 of such title is amended by striking the item for 
such section and inserting the following: 
‘‘693. Annual report to Congress.’’. 
SEC. 306. COAST GUARD AUXILIARIST ENROLLMENT ELIGI-
BILITY. 
Section 823 of title 14, United States Code, is 
amended by striking ‘‘citizens of the United States and 
its territories and possessions,’’ and inserting ‘‘nationals 
of the United States (as such term is defined in section 
101(a)(22) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(22)) and aliens lawfully admitted for per-
manent residence (as such term is defined in section 
101(a)(20) of such Act (8 U.S.C. 1101 (a)(20))),’’. 
SEC. 307. DECOMMISSIONINGS. 
(a) POLAR SEA.—Not later than 6 months after the 
date of enactment of this Act, the Commandant of the
Coast Guard shall decommission the USCGC POLAR 
SEA (WAGB 11). 
(b) POLAR STAR.—Not later than 3 years after the 
date of enactment of this Act, the Commandant of the 
Coast Guard shall decommission the USCGC POLAR 
STAR (WAGB 10). 
SEC. 308. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST 
GUARD PRESENCE IN HIGH LATITUDE RE-
GIONS. 
Not later than 60 days after the date of enactment 
of this Act, the Secretary of the department in which the 
Coast Guard is operating shall submit a report to the 
Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives assessing the 
need for additional Coast Guard prevention and response 
capability in the high latitude regions. The assessment 
shall address needs for all Coast Guard mission areas, in-
cluding search and rescue, marine pollution response and 
prevention, fisheries enforcement, and maritime com-
merce. The Secretary shall include in the report— 
(1) an assessment of the high latitude operating 
capabilities of all current Coast Guard assets other 
than icebreakers, including assets acquired under 
the Deepwater program;
(2) an assessment of projected needs for Coast 
Guard operations in the high latitude regions; and 
(3) an assessment of shore infrastructure, per-
sonnel, logistics, communications, and resources re-
quirements to support Coast Guard operations in the 
high latitude regions, including forward operating 
bases and existing infrastructure in the furthest 
north locations that are ice free, or nearly ice free, 
year round. 
SEC. 309. LIMITATION ON EXPENDITURES. 
Section 149(d) of title 14, United States Code, is 
amended by adding at the end the following: 
‘‘(3) The amount of funds used under this sub-
section may not exceed $100,000 in any fiscal 
year.’’. 
SEC. 310. RESTRICTION ON THE USE OF AIRCRAFT. 
(a) RESTRICTION.—Except as provided in subsection 
(b), the Secretary of the department in which the Coast 
Guard is operating and the Commandant of the Coast 
Guard may not travel aboard any Coast Guard owned or 
operated fixed-wing aircraft if the Secretary has not pro-
vided the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
all of the following:
(1) A cost-constrained Fleet Mix Analysis. 
(2) The study of Coast Guard current and 
planned cutters conducted by the Office of Program 
Analysis and Evaluation of the Department of 
Homeland Security at the request of the Office of 
Management and Budget. 
(b) EXCEPTION.—The Secretary and the Com-
mandant may travel aboard a Coast Guard owned and op-
erated fixed-wing aircraft— 
(1) to respond to a major disaster or emergency 
declared under section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170); 
(2) to respond to a discharge classified as a 
spill of national significance under part 300.323 of 
title 40, Code of Federal Regulations; or 
(3) for evacuation purposes including for a 
medical emergency. 
TITLE IV—SHIPPING AND 
NAVIGATION 
SEC. 401. COMMITTEE ON THE MARINE TRANSPORTATION 
SYSTEM. 
(a) IN GENERAL.—Chapter 555 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 55502. Committee on the Marine Transportation 
System 
‘‘(a) ESTABLISHMENT.—There is established a Com-
mittee on the Marine Transportation System (in this sec-
tion referred to as the ‘Committee’). 
‘‘(b) PURPOSE.—The Committee shall— 
‘‘(1) assess the adequacy of the marine trans-
portation system (including ports, waterways, chan-
nels, and their intermodal connections); 
‘‘(2) develop and implement policies to promote 
an efficient marine transportation system; 
‘‘(3) coordinate policies among Federal agencies 
to promote an efficient marine transportation sys-
tem; and 
‘‘(4) coordinate with local businesses to promote 
an efficient marine transportation system. 
‘‘(c) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Committee shall con-
sist of the Secretary of Transportation, the Sec-
retary of Defense, the Secretary of Homeland Secu-
rity, the Secretary of Commerce, the Secretary of 
the Treasury, the Secretary of State, the Secretary 
of the Interior, the Secretary of Agriculture, the At-
torney General, the Secretary of Labor, the Sec-
retary of Energy, the Administrator of the Environ-
mental Protection Agency, the Chairman of the Fed-
eral Maritime Commission, and the head of any 
other Federal agency that the Committee Chair, 
with the approval of a majority of the voting mem-
bers of the Committee, determines can further the 
purpose and activities of the Committee. 
‘‘(2) EX-OFFICIO
MEMBERS.—The Committee 
may also consist of so many nonvoting members as 
the Committee Chair, with the approval of a major-
ity of the voting members of the Committee, deter-
mines is appropriate to further the purpose and ac-
tivities of the Committee. 
‘‘(3) CHAIRMAN.—The Chair of the Committee 
shall rotate each year among the Secretary of Trans-
portation, the Secretary of Defense, the Secretary of 
Homeland Security, and the Secretary of Commerce. 
The order of rotation shall be determined with the 
approval of a majority of the voting members of the 
Committee. 
‘‘(d) SUPPORT.— 
‘‘(1) COORDINATING BOARD.—Each member of 
the Committee may select a senior level representa-
tive to serve on a coordinating board which shall as-
sist the Committee in carrying out its purpose and 
activities.
‘‘(2) EXECUTIVE DIRECTOR.—The Secretary of 
Transportation, in consultation with the Secretary of 
Defense, the Secretary of Homeland Security, and 
the Secretary of Commerce, shall select an executive 
director to assist the Committee in carrying out its 
purpose and activities. 
‘‘(e) MARINE TRANSPORTATION SYSTEM ASSESS-
MENT AND STRATEGY.—Not later than one year after the 
date of enactment of this Act and every 5 years thereafter, 
the Committee shall provide a report to Congress which 
includes— 
‘‘(1) steps taken to implement actions rec-
ommended in the July 2008 ‘National Strategy for 
the Marine Transportation System: A Framework 
for Action’; 
‘‘(2) an assessment of the condition of the ma-
rine transportation system; 
‘‘(3) a discussion of the challenges the system 
faces in meeting user demand; 
‘‘(4) a plan with recommended actions for im-
proving the marine transportation system to meet 
current and future challenges; and 
‘‘(5) steps taken to implement actions rec-
ommended in previous reports required under this 
subsection.
‘‘(f) CONSULTATION.—In carrying out its purpose 
and activities, the Committee may consult with the Marine 
Transportation System National Advisory Council, inter-
ested parties, and the public.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 55501 the following: 
‘‘55502. Committee on the Marine Transportation System.’’. 
SEC. 402. REPORT ON DETERMINATIONS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of the department in which the 
Coast Guard is operating shall provide to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on— 
(1) the loss of United States shipyard jobs and 
industrial base expertise as a result of rebuild, con-
version, and double-hull work on United States-flag 
vessels eligible to engage in the coastwise trade 
being performed in foreign shipyards; 
(2) enforcement of the Coast Guard’s foreign 
rebuild determination regulations; and 
(3) recommendations for improving the trans-
parency in the Coast Guard’s foreign rebuild deter-
mination process.
SEC. 403. DOCKSIDE EXAMINATIONS. 
(a) IN GENERAL.—Section 4502(f) of title 46, United 
states Code, is amended— 
(1) in paragraph (2) by striking ‘‘at least once 
every 2 years’’ and inserting ‘‘at least once every 5 
years’’; 
(2) by striking ‘‘and’’ after the semicolon at the 
end of paragraph (1); 
(3) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(3) shall complete the first examination of a 
dockside vessel under this section no later than Oc-
tober 15, 2015.’’. 
(b) DATABASE.—Section 4502(g)(4) of title 46, 
United States Code, is amended by striking ‘‘a publicly 
accessible’’ and inserting ‘‘an’’. 
SEC. 404. RECOURSE FOR NONCITIZENS. 
Section 30104 of title 46, United States Code, is 
amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
the first sentence; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) RESTRICTION
ON
RECOVERY
FOR
NON-
RESIDENT ALIENS EMPLOYED ON FOREIGN PASSENGER
VESSELS.—A claim for damages or expenses relating to 
personal injury, illness, or death of a seaman who is a 
citizen of a foreign nation, arising during or from the en-
gagement of the seaman by or for a passenger vessel duly 
registered under the laws of a foreign nation, may not be 
brought under the laws of the United States if— 
‘‘(1) such seaman was not a permanent resident 
alien of the United States at the time the claim 
arose; 
‘‘(2) the injury, illness, or death arose outside 
the territorial waters of the United States; and 
‘‘(3) the seaman or the seaman’s personal rep-
resentative has or had a right to seek compensation 
for the injury, illness, or death in, or under the laws 
of— 
‘‘(A) the nation in which the vessel was 
registered at the time the claim arose; or 
‘‘(B) the nation in which the seaman main-
tained citizenship or residency at the time the 
claim arose.’’. 
SEC. 405. MARITIME LIENS ON FISHING PERMITS. 
(a) IN GENERAL.—Subchapter I of chapter 313 of 
title 46, United States Code, is amended by adding at the 
end the following:
‘‘§ 31310. Limitation on maritime liens on fishing per-
mit and permit description 
‘‘(a) IN GENERAL.—This chapter— 
‘‘(1) does not establish a maritime lien on a 
permit that— 
‘‘(A) authorizes a person or use of a vessel 
to engage in fishing; and 
‘‘(B) is issued under State or Federal law; 
and 
‘‘(2) does not authorize any civil action to en-
force a maritime lien on such a permit. 
‘‘(b) FISHING PERMIT DESCRIBED.—A fishing per-
mit— 
‘‘(1) is governed solely by the State or Federal 
law under which it was issued; and 
‘‘(2) is not included in the whole of a vessel or 
as an appurtenance or intangible of a vessel for any 
purpose. 
‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in subsections (a) and (b) shall be construed as 
imposing any limitation upon the authority of the Sec-
retary of Commerce to modify, suspend, revoke, or sanc-
tion any Federal fishery permit issued by the Secretary 
of Commerce or to bring a civil action to enforce such 
modification, suspension, revocation, or sanction.’’.
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 31309 the following: 
‘‘31310. Limitation on maritime liens on fishing permit and permit descrip-
tion.’’. 
SEC. 406. SHORT SEA TRANSPORTATION. 
(a) PURPOSE OF PROGRAM AND PROJECTS; REAU-
THORIZATION; TERMINATION.—Section 55601 of title 46, 
United States Code, is amended— 
(1) in subsection (a), by striking ‘‘landside con-
gestion.’’ and inserting ‘‘landside congestion and to 
promote increased use of the navigable waters of the 
United States for transportation of passengers or 
freight (or both).’’; 
(2) in subsection (c), by inserting ‘‘and to pro-
mote waterborne transportation between ports with-
in the United States’’ after ‘‘coastal corridors’’; 
(3) in subsection (d), by striking ‘‘that the 
project may—’’ and all that follows through the end 
of the subsection and inserting ‘‘that the project 
uses documented vessels and— 
‘‘(1) mitigates landside congestion; or 
‘‘(2) promotes waterborne transportation be-
tween ports of the United States.’’; 
(4) by striking subsection (f) and redesignating 
subsection (g) as subsection (f);
(5) in subsection (f), as so redesignated, by 
adding at the end the following: 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated not more 
than $5,000,000 for each of the fiscal years 2012 
through fiscal year 2017 for grants under this sub-
section.’’; and 
(6) by adding at the end the following: 
‘‘(g) 
TERMINATION
OF
AUTHORITY.—Authority 
granted to the Secretary under this section shall terminate 
September 30, 2017.’’. 
(b) SHORT SEA TRANSPORTATION DEFINITION.— 
Section 55605 of title 46, United States Code, is amended 
by striking ‘‘means the carriage by vessel of cargo—’’ and 
inserting ‘‘means the carriage of passengers or freight (or 
both) by a vessel documented under the laws of the United 
States—’’. 
SEC. 407. MISSION OF THE MARITIME ADMINISTRATION. 
Section 109(a) of title 49, United States Code, is 
amended— 
(1) in the subsection heading by striking ‘‘OR-
GANIZATION’’ and inserting ‘‘ORGANIZATION
AND 
MISSION’’; and 
(2) by inserting at the end the following: ‘‘The 
mission of the Maritime Administration is to foster,
promote, and develop the domestic merchant mari-
time industry of the United States.’’. 
SEC. 408. LIMITATION ON LIABILITY FOR NON-FEDERAL 
VESSEL TRAFFIC SERVICE OPERATORS. 
(a) IN GENERAL.—Section 2307 of title 46, United 
States Code, is amended— 
(1) by inserting ‘‘(a) COAST GUARD VESSEL 
TRAFFIC SERVICE PILOTS’’ before ‘‘Any pilot’’; and 
(2) by adding at the end the following: 
‘‘(b) NON-FEDERAL VESSEL TRAFFIC SERVICE OP-
ERATORS.—An entity operating a non-Federal vessel traf-
fic information service or advisory service pursuant to a 
duly executed written agreement with the Coast Guard, 
and any person acting in accordance with operational pro-
cedures approved by the Coast Guard at such a non-Fed-
eral service, shall not be liable for damages caused by or 
related to information, advice, or communication assist-
ance provided by such entity or person while so operating 
or acting unless the acts or omissions of such entity or 
person constitute gross negligence or willful misconduct.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of chapter 23 of such title is amended by striking 
the item relating to section 2307 and inserting the fol-
lowing: 
‘‘2307. Limitation on liability for Coast Guard Vessel Traffic Service pilots and 
non-Federal vessel traffic service operators.’’.
SEC. 409. AUTHORITY TO EXTEND THE DURATION OF MED-
ICAL CERTIFICATES. 
(a) IN GENERAL.—Chapter 75 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 7508. Authority to extend the duration of medical 
certificates 
‘‘(a) GRANTING OF EXTENSIONS.—Notwithstanding 
any other provision of law, the Secretary may extend for 
not more than one year a medical certificate issued to an 
individual holding a license, merchant mariner’s docu-
ment, or certificate of registry if the Secretary determines 
that the extension is required to enable the Coast Guard 
to eliminate a backlog in processing applications for med-
ical certificates or in response to a national emergency or 
natural disaster. 
‘‘(b) MANNER OF EXTENSION.—An extension under 
this section may be granted to individual seamen or a spe-
cifically identified group of seamen.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
the following: 
‘‘7508. Authority to extend the duration of medical certificates.’’.
SEC. 410. IDENTIFICATION OF ACTIONS TO ENABLE QUALI-
FIED UNITED STATES FLAG CAPACITY TO 
MEET NATIONAL DEFENSE REQUIREMENTS. 
(a) IDENTIFICATION OF ACTIONS.—Section 501(b) of 
title 46, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘When the head’’; 
and 
(2) by adding at the end the following: 
‘‘(2) The Administrator of the Maritime Administra-
tion shall— 
‘‘(A) in each determination referred to in para-
graph (1), identify any actions that could be taken 
to enable qualified United States flag capacity to 
meet national defense requirements; 
‘‘(B) provide each such determination to the 
Secretary of Transportation and the head of the 
agency referred to in paragraph (1) for which the 
determination is made; and 
‘‘(C) publish each such determination on the 
Internet site of the Department of Transportation 
within 48 hours after it is provided to the Secretary 
of Transportation. 
‘‘(3)(A) The Administrator of the Maritime Adminis-
tration shall notify the Committees on Appropriations and 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committees on Appropriations and 
Commerce, Science, and Transportation of the Senate— 
‘‘(i) of any request for a waiver of the naviga-
tion or vessel-inspection laws under this section not 
later than 48 hours after receiving the request; and 
‘‘(ii) of the issuance of any waiver of compli-
ance of such a law not later than 48 hours after 
such issuance. 
‘‘(B) The Administrator shall include in each notifi-
cation under subparagraph (A)(ii) an explanation of— 
‘‘(i) the reasons the waiver is necessary; and 
‘‘(ii) the reasons actions referred to in para-
graph (2)(A) are not feasible.’’. 
SEC. 411. CLASSIFICATION SOCIETIES. 
Section 3316 of title 46, United States Code, is 
amended— 
(1) in subsection (b)(2)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A); 
(B) by striking the period at the end of 
subparagraph (B) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) if the Secretary of State determines that 
the foreign classification society does not provide
comparable services in or for a state sponsor of ter-
rorism.’’; 
(2) in subsection (d)(2)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A); 
(B) by striking the period at the end of 
subparagraph (B) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) if the Secretary of State determines that 
the foreign classification society does not provide 
comparable services in or for a state sponsor of ter-
rorism.’’; and 
(3) by adding at the end the following: 
‘‘(e) The Secretary shall revoke an existing delegation 
made to a foreign classification society under subsection 
(b) or (d) if the Secretary of State determines that the 
foreign classification society provides comparable services 
in or for a state sponsor of terrorism. 
‘‘(f) In this section, the term ‘state sponsor of ter-
rorism’ means any country the government of which the 
Secretary of State has determined has repeatedly provided 
support for acts of international terrorism pursuant to 
section 6(j) of the Export Administration Act of 1979 (as 
continued in effect under the International Emergency 
Economic Powers Act), section 620A of the Foreign As-
sistance Act of 1961, section 40 of the Arms Export Con-
trol Act, or any other provision of law.’’. 
TITLE V—FEDERAL MARITIME 
COMMISSION 
SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 
Section 501 of the Coast Guard and Maritime Trans-
portation Act of 2004 (Public Law 108–293; 118 Stat. 
1049) is amended by striking ‘‘Commission—’’ and all 
that follows through the period at the end of the section 
and inserting ‘‘Commission for each of the fiscal years 
2012 through 2015, $24,000,000.’’. 
TITLE VI—MISCELLANEOUS 
SEC. 601. TECHNICAL CORRECTIONS. 
(a) TITLE 14.—Title 14, United States Code, is 
amended— 
(1) in section 564, by striking subsection (d); 
and 
(2) in section 569(a), by striking ‘‘and annually 
thereafter,’’. 
(b) STUDY OF BRIDGES.—Section 905 of the Coast 
Guard Authorization Act of 2010 (Public Law 111–281; 
124 Stat. 3012) is amended to read as follows: 
‘‘SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 
‘‘The Commandant of the Coast Guard shall submit 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a com-
prehensive study on the construction or alteration of any 
bridge, drawbridge, or causeway over the navigable waters 
of the United States with a channel depth of 25 feet or 
greater that may impede or obstruct future navigation to 
or from port facilities, for which a permit under the Act 
of March 23, 1906 (chapter 1130; 33 U.S.C. 491 et seq.), 
popularly known as the Bridge Act of 1906, was requested 
on or after January 1, 2006, and on or before August 
3, 2011.’’. 
SEC. 602. REPORT ON COAST GUARD MERCHANT MARINER 
MEDICAL EVALUATION PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Commandant of the 
Coast Guard shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the Coast Guard National 
Maritime Center’s merchant mariner medical evaluation 
program and alternatives to the program. 
(b) CONTENTS.—The report required under sub-
section (a) shall include the following:
(1) An overview of the adequacy of the program 
for making medical certification determinations for 
issuance of merchant mariners’ documents. 
(2) An analysis of how a system similar to the 
Federal Motor Carrier Safety Administration’s Na-
tional Registry of Certified Medical Examiners pro-
gram, and the Federal Aviation Administration’s 
Designated Aviation Medical Examiners program, 
could be applied by the Coast Guard to make med-
ical fitness determinations for issuance of merchant 
mariners’ documents. 
(3) An explanation of how the amendments to 
the International Convention on Standards of Train-
ing, Certification and Watchkeeping for Seafarers, 
1978, that enter into force on January 1, 2012, will 
require changes to the Coast Guard’s merchant mar-
iner medical evaluation program. 
SEC. 603. NOTICE OF ARRIVAL. 
The regulations required under section 109(a) of 
Public Law 109–347 (33 U.S.C. 1223 note) on notice of 
arrival for foreign vessels on the Outer Continental Shelf 
shall not apply to a vessel documented under section 
12105 of title 46, United States Code, unless such vessel 
arrives from a foreign port or place.
SEC. 604. TECHNICAL CORRECTIONS TO TITLE 14. 
Chapter 1 of title 14, United States Code, is amended 
to read as follows: 
‘‘CHAPTER 1—ESTABLISHMENT AND 
DUTIES 
‘‘Sec. 
‘‘1. Establishment of Coast Guard. 
‘‘2. Primary duties. 
‘‘3. Department in which the Coast Guard operates. 
‘‘4. Secretary defined. 
‘‘§ 1. Establishment of Coast Guard 
‘‘The Coast Guard shall be a military service and a 
branch of the armed forces of the United States at all 
times. 
‘‘§ 2. Primary duties 
‘‘The Coast Guard shall— 
‘‘(1) enforce or assist in the enforcement of all 
applicable Federal laws on, under, and over the high 
seas and waters subject to the jurisdiction of the 
United States; 
‘‘(2) engage in maritime air surveillance or 
interdiction to enforce or assist in the enforcement 
of the laws of the United States; 
‘‘(3) administer laws and promulgate and en-
force regulations for the promotion of safety of life 
and property on and under the high seas and waters 
subject to the jurisdiction of the United States cov-
of honor on the same basis as personnel in the naval 
service or serving in any capacity with the Navy; and 
‘‘(5) the Secretary may place on furlough any 
officer of the Coast Guard and officers on furlough 
shall receive one half of the pay to which they would 
be entitled if on leave of absence, but officers of the 
Coast Guard Reserve shall not be so placed on fur-
lough. 
‘‘§ 4. Secretary defined 
‘‘In this title, the term ‘Secretary’ means the Sec-
retary of the respective department in which the Coast 
Guard is operating.’’. 
SEC. 605. DISTANT WATER TUNA FLEET. 
Section 421 of the Coast Guard and Maritime Trans-
portation Act of 2006 (Public Law 109-241; 120 Stat. 
548) is amended— 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) LICENSING RESTRICTIONS.— 
‘‘(1) IN GENERAL.—Subsection (a)(1) only ap-
plies to a foreign citizen that holds a credential that 
is equivalent to the credential issued by the Coast 
Guard to a United States citizen for the position, 
with respect to requirements for experience, training, 
and other qualifications.
‘‘(2) TREATMENT OF LICENSE.—An equivalent 
credential under paragraph (1) shall be considered 
as meeting the requirements of section 8304 of title 
46, United States Code, but only while a person 
holding the credential is in the service of the vessel 
to which this section applies.’’; 
(2) in subsection (c) by inserting ‘‘or Guam’’ 
before the period at the end; and 
(3) in subsection (d) by striking ‘‘on December 
31, 2012’’ and inserting ‘‘on the date the Treaty on 
Fisheries Between the Governments of Certain Pa-
cific Island States and the Government of the 
United States of America ceases to have effect for 
any party under Article 12.6 or 12.7 of such treaty, 
as in effect on the date of enactment of the Coast 
Guard and Maritime Transportation Act of 2011’’. 
SEC. 606. WAIVERS. 
(a) IN GENERAL.—Notwithstanding sections 12112 
and 12132 and chapter 551 of title 46, United States 
Code, the Secretary of the department in which the Coast 
Guard is operating may issue a certificate of documenta-
tion with a coastwise endorsement for each of the following 
vessels: 
(1) M/V GEYSIR (United States official num-
ber 622178).
(2) MACY-RENEE (United States official 
number 1107319) 
(3) 
OCEAN 
VERITAS 
(IMO 
number 
7366805). 
(4) LUNA (United States official number 
280133). 
(5) IL MORO DI VENEZIA IV (United States 
official number 1028654) 
(b) DOCUMENTATION OF LNG TANKERS.— 
(1) IN
GENERAL.—Notwithstanding sections 
12112 and 12132 and chapter 551 of title 46, 
United States Code, the Secretary of the department 
in which the Coast Guard is operating may issue a 
certificate of documentation with a coastwise en-
dorsement for each of the following vessels: 
(A) LNG GEMINI (United States official 
number 595752). 
(B) LNG LEO (United States official 
number 595753). 
(C) LNG VIRGO (United States official 
number 595755). 
(2) LIMITATION
ON
OPERATION.—Coastwise 
trade authorized under paragraph (1) shall be lim-
ited to carriage of natural gas, as that term is de-
fined in section 3(13) of the Deepwater Port Act of 
1974 (33 U.S.C. 1502(13)). 
(3) TERMINATION OF EFFECTIVENESS OF EN-
DORSEMENTS.—The coastwise endorsement issued 
under paragraph (1) for a vessel shall expire on the 
date of the sale of the vessel by the owner of the ves-
sel on the date of enactment of this Act to a person 
who is not related by ownership or control to such 
owner. 
(c) OPERATION OF A DRY DOCK.—A vessel trans-
ported in Dry Dock #2 (State of Alaska registration 
AIDEA FDD–2) is not merchandise for purposes of sec-
tion 55102 of title 46, United States Code, if, during such 
transportation, Dry Dock #2 remains connected by a util-
ity or other connecting line to pierside moorage. 
SEC. 607. REPORT ON OPTIONS TO IMPROVE INTEGRATION 
OF U.S. COAST GUARD AND CANADIAN COAST 
GUARD GREAT LAKES ICEBREAKING OPER-
ATIONAL INFORMATION. 
Within 180 days after the date of enactment of this 
Act, the Commandant of the Coast Guard shall report to 
the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives on options 
to improve the integration of the Great Lakes icebreaking
operational information of the United States Coast Guard 
and Canadian Coast Guard to improve the safety, eco-
nomic security, and efficiency of Great Lakes icebreaking 
activities of both services. 
SEC. 608. STANDBY VESSELS. 
(a) IN GENERAL.—Subtitle VIII of title 46, United 
States Code, is amended by adding at the end thereof the 
following new chapter: 
‘‘CHAPTER 807—STANDBY VESSELS 
‘‘Sec. 
‘‘80701. Standby vessels. 
‘‘§ 80701. Standby vessels 
‘‘(a) IN GENERAL.—The owner or operator of a 
manned facility, installation, unit, or vessel shall locate a 
standby vessel— 
‘‘(1) not more than 3 nautical miles from such 
manned facility, installation, unit, or vessel while it 
is performing drilling, plugging, abandoning, or 
workover operations; and 
‘‘(2) not more than 12 nautical miles from such 
manned facility, installation, unit, or vessel while it 
is performing operations other than drilling, plug-
ging, abandoning, or workover operations. 
‘‘(b) 
IMPROVED
STANDBY
VESSEL
RESPONSE 
TIME.—
‘‘(1) IN
GENERAL.—A Coast Guard District 
Commander may reduce the distances prescribed in 
subsection (a) for the area of command of the Dis-
trict Commander if the District Commander deter-
mines the reduction is necessary to address delays in 
standby vessel response times caused by inclement 
weather, high seas, or other conditions that prolong 
standby vessel response time or lessen the time sur-
vivors of an accident can remain in the water. 
‘‘(2) APPROXIMATION
OF
NORMAL
RESPONSE 
TIME.—Any reduction under paragraph (1) shall be 
made to a distance that, in weather conditions ne-
cessitating the reduction, ensures that a standby 
vessel’s response time approximates that of a stand-
by vessel covering the distance prescribed in sub-
section (a) during normal weather conditions. 
‘‘(3) PREVENTION OF HYPOTHERMIA.—Any re-
duction under paragraph (1) made due to water 
temperature or other factors that reduce the time 
survivors of an accident can remain in the water 
shall be made to a distance at which a standby ves-
sel can be assumed to reach the survivor before the 
onset of hypothermia. 
‘‘(4) NOTICE TO OWNERS AND OPERATORS.— 
Before exercising the authority in paragraph (1), a
District Commander shall provide 72 hours notice to 
the owners and operators of standby vessels and 
owners and operators of manned facilities, installa-
tions, units, and vessels operating in the District 
Commander’s area of command. 
‘‘(c) MULTIPLE PLATFORMS AND USES.—Nothing in 
this section shall be construed to prohibit— 
‘‘(1) use of one standby vessel for more than 
one manned facility, installation, unit, or vessel; or 
‘‘(2) use of a standby vessel for other pur-
poses.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
at the beginning of such subtitle is amended by adding 
at the end the following: 
‘‘807. Standby vessels .......................................................................80701’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect one year after the date of 
enactment of this Act. 
(d) REGULATIONS.— 
(1) IN GENERAL.—The Secretary of the depart-
ment in which the Coast Guard is operating may 
promulgate regulations to implement the amend-
ments made by this section. 
(2) EXISTING REGULATIONS.—Until such time 
as the Secretary promulgates regulations to imple-
ment the amendments made by this section, the re-
quirements of subpart E of part 143 of title 33, 
Code of Federal Regulations, as in effect on the date 
of enactment of this Act, including the requirements 
that must be met by a standby vessel, shall apply to 
standby vessels required under the amendments. 
SEC. 609. CAP ON PENALTY WAGES. 
(a) FOREIGN AND INTERCOASTAL VOYAGES.—Sec-
tion 10313(g) of title 46, United States Code, is amend-
ed— 
(1) in paragraph (2)— 
(A) by striking ‘‘all claims in a class action 
suit by seamen’’ and inserting ‘‘each claim by 
a seaman’’; and 
(B) by striking ‘‘the seamen’’ and inserting 
‘‘the seaman’’; and 
(2) in paragraph (3), by striking ‘‘class action’’. 
(b) COASTWISE VOYAGES.—Section 10504(c) of such 
title is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘all claims in a class action 
suit by seamen’’ and inserting ‘‘each claim by 
a seaman’’; and 
(B) by striking ‘‘the seamen’’ and inserting 
‘‘the seaman’’; and 
(2) in paragraph (3), by striking ‘‘class action’’.
SEC. 610. REPORT ON IMPEDIMENTS TO THE U.S.-FLAG 
REGISTRY. 
(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Commandant of the Coast 
Guard shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report on factors under the authority of 
the Coast Guard that impact the ability of vessels docu-
mented in the United States to effectively compete in 
international transportation markets. 
(b) CONTENT.—The report shall include— 
(1) a review of differences in Coast Guard poli-
cies and regulations governing the inspection of ves-
sels documented in the United States and the poli-
cies and regulations of the International Maritime 
Organization governing the inspection of vessels not 
documented in the United States; 
(2) a statement on the impact such differences 
have on operating costs for vessels documented in 
the United States; and 
(3) recommendations on whether to harmonize 
any differences in the policies and regulations gov-
erning inspection of vessels by the Coast Guard and 
the International Maritime Organization.
(c) CONSULTATION.—In preparing the report, the 
Commandant may consider the views of representatives of 
the owners or operators of vessels documented in the 
United States and the organizations representing the em-
ployees employed on such vessels. 
SEC. 611. REPORT ON DRUG INTERDICTION IN THE CARIB-
BEAN BASIN. 
(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Commandant of the Coast 
Guard shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report on drug interdiction in the Carib-
bean basin. 
(b) CONTENT.—The report shall include— 
(1) a statement of the Coast Guard mission re-
quirements for drug interdiction in the Caribbean 
basin; 
(2) the number of maritime surveillance hours 
and Coast Guard assets used in each of fiscal years 
2009 through 2011 to counter the illicit trafficking 
of drugs and other related threats throughout the 
Caribbean basin; and
(3) a determination of whether such hours and 
assets satisfied the Coast Guard mission require-
ments for drug interdiction in the Caribbean basin. 
SEC. 612. REPORT ON SURVIVAL CRAFT. 
(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Commandant of the Coast 
Guard shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report on the carriage of survival craft 
that ensures no part of an individual is immersed in water. 
(b) CONTENT.—The report shall include information 
on— 
(1) the number of casualties as the result of im-
mersion in water by vessel type and area of oper-
ation reported to the Coast Guard for each of fiscal 
years 1991 through 2011; 
(2) the effect the carriage of such survival craft 
has on vessel safety, including stability and safe 
navigation; 
(3) the efficacy of alternative safety systems, 
devices, or measures; and 
(4) the cost and cost-effectiveness of requiring 
the carriage of such survival craft on vessels.
SEC. 613. CONSIDERATION OF INFORMATION RELATING TO 
EMPLOYMENT WHEN AWARDING CONTRACTS. 
(a) IN GENERAL.—Subchapter I of chapter 15 of title 
14, United States Code, is further amended by adding at 
the end the following: 
‘‘§ 569c. Consideration of information relating to em-
ployment when awarding contracts 
‘‘(a) JOBS IMPACT STATEMENTS.—The Secretary, in 
issuing a solicitation for competitive proposals with re-
spect to a Coast Guard contracting opportunity, shall 
state in the solicitation that the Secretary may consider 
information (in this section referred to as a ‘jobs impact 
statement’)— 
‘‘(1) that the offeror may include in its offer; 
and 
‘‘(2) that relates to the effect of the contract on 
employment in the United States if the contract is 
awarded to the offeror. 
‘‘(b) CONTENTS.—The information that may be in-
cluded in a jobs impact statement may include the fol-
lowing: 
‘‘(1) The number of jobs expected to be created 
in the United States, or the number of jobs to be 
retained in the United States that otherwise would 
be lost, if the contract is awarded to the offeror.
‘‘(2) The number of jobs expected to be created 
or retained in the United States by the subcontrac-
tors expected to be used by the offeror in the per-
formance of the contract. 
‘‘(3) A guarantee from the offeror that jobs cre-
ated or retained in the United States as a result of 
the contract being awarded to the offeror will not be 
moved outside the United States after award of the 
contract. 
‘‘(c) USE IN EVALUATION.—The Secretary may con-
sider information in a jobs impact statement in the evalua-
tion of an offer relating to a Coast Guard contracting op-
portunity and may request further information from the 
offeror in order to verify the accuracy of any such informa-
tion submitted. 
‘‘(d) ASSESSMENT.—With respect to a contract 
awarded to an offeror that submitted a jobs impact state-
ment, the Secretary shall track the number of jobs created 
or retained in the United States as a result of the con-
tract. If the number of jobs estimated to be created or 
retained in the jobs impact statement significantly exceeds 
the number of jobs created or retained as a result of the 
contract, the Secretary may evaluate whether the con-
tractor should be proposed for debarment.
‘‘(e) REPORTS.—Not later than 1 year after the date 
of enactment of this section, and annually thereafter, the 
Secretary shall submit to Congress a report describing the 
use by the Secretary of jobs impact statements in evalu-
ating offers relating to Coast Guard contracting opportu-
nities.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is further amended by adding at 
the end of the items relating to such subchapter the fol-
lowing: 
‘‘569c. Consideration of information relating to employment when awarding con-
tracts.’’. 
SEC. 614. REQUIREMENT OF CORPS. 
The Secretary of the Army, acting through the Chief 
of the Corps of Engineers, shall continue to study the 
project related to the Jacksonville Port Authority in Jack-
sonville, Florida, without applying any additional peer re-
views described by section 2034 of the Water Resources 
Development Act of 2007 (33 U.S.C. 2343). 
SEC. 615. CONVEYANCE OF DECOMMISSIONED COAST 
GUARD CUTTER STORIS. 
(a) IN GENERAL.—The Commandant of the Coast 
Guard shall convey, without consideration, all right, title, 
and interest of the United States in and to the decommis-
sioned Coast Guard Cutter STORIS (in this section re-
ferred to as the ‘‘vessel’’) to the Storis Museum, a non-
profit entity of Juneau, Alaska, if the Storis Museum 
agrees— 
(1) to use the vessel as a historic memorial, 
make the vessel available to the public as a museum, 
and work cooperatively with other museums to pro-
vide education on and memorialize the maritime her-
itage of the vessel and other maritime activities in 
Alaska, the Pacific Northwest, the Arctic Ocean, and 
adjacent oceans and seas; 
(2) not to use the vessel for commercial trans-
portation purposes; 
(3) to make the vessel available to the United 
States Government if needed for use by the Com-
mandant in time of war or a national emergency or 
based on the critical needs of the Coast Guard; 
(4) to hold the Government harmless for any 
claims arising from exposure to hazardous materials, 
including asbestos and polychlorinated biphenyls 
(PCBs), except for claims arising from the use of 
the vessel by the Government; 
(5) to bear all costs of transportation and deliv-
ery of the vessel; 
(6) to bear all costs of vessel disposal in accord-
ance with Federal law when the vessel is no longer 
used as a museum; and
(7) to any other conditions the Commandant 
considers appropriate. 
(b) MAINTENANCE AND DELIVERY OF VESSEL.—Be-
fore conveyance of the vessel under this section, the Com-
mandant shall make, to the extent practical and subject 
to other Coast Guard mission requirements, every effort 
to maintain the integrity of the vessel and its equipment 
until the time of delivery. 
(c) OTHER EXCESS EQUIPMENT.—The Commandant 
may convey to the recipient of the vessel under this section 
any excess equipment or parts from other decommissioned 
Coast Guard vessels for use to enhance the vessel’s oper-
ability and function for purposes of a public museum and 
historical display. 
SEC. 616. TRANSPORTATION OF PASSENGERS BETWEEN 
PORTS IN PUERTO RICO. 
Notwithstanding chapter 551 of title 46, United 
States Code, a vessel of 100 gross tons or more not quali-
fied to engage in the coastwise trade may transport pas-
sengers between ports in Puerto Rico. 
TITLE VII—COMMERCIAL 
VESSEL DISCHARGES REFORM 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Commercial Vessel 
Discharges Reform Act of 2011’’.
SEC. 702. DISCHARGES FROM COMMERCIAL VESSELS. 
Title III of the Federal Water Pollution Control Act 
(33 U.S.C. 1311 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 321. DISCHARGES FROM COMMERCIAL VESSELS. 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) AQUATIC NUISANCE SPECIES.—The term 
‘aquatic nuisance species’ means a nonindigenous 
species (including a pathogen) that threatens the di-
versity or abundance of native species or the ecologi-
cal stability of navigable waters or commercial, agri-
cultural, aquacultural, or recreational activities de-
pendent on such waters. 
‘‘(2) BALLAST WATER.— 
‘‘(A) IN
GENERAL.—The term ‘ballast 
water’ means any water (including any sedi-
ment suspended in such water) taken aboard a 
commercial vessel— 
‘‘(i) to control trim, list, draught, sta-
bility, or stresses of the vessel; or 
‘‘(ii) during the cleaning, mainte-
nance, or other operation of a ballast water 
treatment system of the vessel. 
‘‘(B) 
EXCLUSION.—The 
term 
‘ballast 
water’ does not include any pollutant that is
added to water described in subparagraph (A) 
that is not directly related to the operation of 
a properly functioning ballast water treatment 
technology certified under subsection (e). 
‘‘(3) BALLAST WATER PERFORMANCE STAND-
ARD.—The term ‘ballast water performance stand-
ard’ or ‘performance standard’ means a numerical 
ballast water performance standard specified under 
subsection (c) or established under subsection (d). 
‘‘(4) BALLAST WATER TREATMENT SYSTEM.— 
The term ‘ballast water treatment system’ means 
any equipment on board a commercial vessel (includ-
ing all compartments, piping, spaces, tanks, and 
multi-use compartments, piping, spaces, and tanks) 
that is— 
‘‘(A) designed for loading, carrying, treat-
ing, or discharging ballast water; and 
‘‘(B) installed and operated to meet a bal-
last water performance standard. 
‘‘(5) BALLAST
WATER
TREATMENT
TECH-
NOLOGY.—The term ‘ballast water treatment tech-
nology’ or ‘treatment technology’ means any me-
chanical, physical, chemical, or biological process 
used, either singularly or in combination, to remove,
render harmless, or avoid the uptake or discharge of 
aquatic nuisance species within ballast water. 
‘‘(6) BIOCIDE.—The term ‘biocide’ means a 
substance or organism, including a virus or fungus, 
that is introduced into, or produced by, a ballast 
water treatment technology to reduce or eliminate 
aquatic invasive species as part of the process used 
to comply with a ballast water performance standard 
under this section. 
‘‘(7) COMMERCIAL
VESSEL.—The term ‘com-
mercial 
vessel’ 
means 
every 
description 
of 
watercraft, or other artificial contrivance used or ca-
pable of being used as a means of transportation on 
water— 
‘‘(A) that is engaged in commercial service 
(as defined under section 2101 of title 46, 
United States Code); or 
‘‘(B) that is owned or operated by the 
United States, other than a vessel of the Armed 
Forces (as defined under section 312 of this 
Act). 
‘‘(8) CONSTRUCTED.—The term ‘constructed’ 
means a state of construction of a commercial vessel 
at which— 
‘‘(A) the keel is laid;
‘‘(B) construction identifiable with the spe-
cific vessel begins; 
‘‘(C) assembly of the vessel has begun 
comprising at least 50 tons or 1 percent of the 
estimated mass of all structural material of the 
vessel, whichever is less; or 
‘‘(D) the vessel commences a major conver-
sion. 
‘‘(9) DISCHARGE INCIDENTAL TO THE NORMAL 
OPERATION OF A COMMERCIAL VESSEL.— 
‘‘(A) IN GENERAL.—The term ‘discharge 
incidental to the normal operation of a commer-
cial vessel’ means— 
‘‘(i) a discharge into navigable waters 
from a commercial vessel of— 
‘‘(I)(aa) 
graywater 
(except 
graywater 
referred 
to 
in 
section 
312(a)(6)), bilge water, cooling water, 
oil water separator effluent, anti-foul-
ing hull coating leachate, boiler or 
economizer 
blowdown, 
byproducts 
from cathodic protection, controllable 
pitch propeller and thruster hydraulic 
fluid, distillation and reverse osmosis 
brine, elevator pit effluent, firemain
system effluent, freshwater layup ef-
fluent, gas turbine wash water, motor 
gasoline and compensating effluent, 
refrigeration and air condensate efflu-
ent, seawater pumping biofouling pre-
vention substances, boat engine wet 
exhaust, sonar dome effluent, exhaust 
gas scrubber washwater, or stern tube 
packing gland effluent; or 
‘‘(bb) any other pollutant associ-
ated with the operation of a marine 
propulsion system, shipboard maneu-
vering system, habitability system, or 
installed major equipment, or from a 
protective, preservative, or absorptive 
application to the hull of a commercial 
vessel; 
‘‘(II) weather deck runoff, deck 
wash, aqueous film forming foam ef-
fluent, chain locker effluent, non-oily 
machinery 
wastewater, 
underwater 
ship husbandry effluent, welldeck ef-
fluent, or fish hold and fish hold 
cleaning effluent; or
‘‘(III) any effluent from a prop-
erly functioning marine engine; or 
‘‘(ii) a discharge of a pollutant into 
navigable waters in connection with the 
testing, maintenance, and repair of a sys-
tem, equipment, or engine described in 
subclause (I)(bb) or (III) of clause (i) 
whenever the commercial vessel is water-
borne. 
‘‘(B) EXCLUSION.—The term ‘discharge 
incidental to the normal operation of a commer-
cial vessel’ does not include— 
‘‘(i) a discharge into navigable waters 
from a commercial vessel of— 
‘‘(I) ballast water; 
‘‘(II) rubbish, trash, garbage, in-
cinerator ash, or other such material 
discharged overboard; 
‘‘(III) oil or a hazardous sub-
stance within the meaning of section 
311; or 
‘‘(IV) sewage within the meaning 
of section 312; 
‘‘(ii) an emission of an air pollutant 
resulting from the operation onboard a
commercial vessel of a vessel propulsion 
system, motor driven equipment, or incin-
erator; or 
‘‘(iii) a discharge into navigable 
waters from a commercial vessel when the 
commercial vessel is operating in a capac-
ity other than as a means of transportation 
on water. 
‘‘(10) EXISTING
COMMERCIAL
VESSEL.—The 
term ‘existing commercial vessel’ means a commer-
cial vessel constructed prior to January 1, 2012. 
‘‘(11) GEOGRAPHICALLY LIMITED AREA.—The 
term ‘geographically limited area’ means an area— 
‘‘(A) with a physical limitation that pre-
vents a commercial vessel from operating out-
side the area, as determined by the Secretary; 
or 
‘‘(B) that is ecologically homogeneous, as 
determined by the Administrator, in consulta-
tion with the Secretary. 
‘‘(12) MAJOR CONVERSION.—The term ‘major 
conversion’ means a conversion of a commercial ves-
sel that— 
‘‘(A) changes its ballast water capacity by 
15 percent or more; or
‘‘(B) prolongs the life of the commercial 
vessel by 10 years or more, as determined by 
the Secretary. 
‘‘(13) MANUFACTURER.—The term ‘manufac-
turer’ means a person engaged in the manufac-
turing, assembling, or importation of a ballast water 
treatment technology. 
‘‘(14) NAVIGABLE
WATERS.—The term ‘navi-
gable waters’ includes the exclusive economic zone, 
as defined in section 107 of title 46, United States 
Code. 
‘‘(15) NONINDIGENOUS
SPECIES.—The term 
‘nonindigenous species’ means a species or other via-
ble biological material that enters an ecosystem be-
yond its historic range. 
‘‘(16) OWNER OR OPERATOR.—The term ‘owner 
or operator’ means a person owning, operating, or 
chartering by demise a commercial vessel. 
‘‘(17) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of the department in which the 
Coast Guard is operating. 
‘‘(18) VESSEL
GENERAL
PERMIT.—The term 
‘Vessel General Permit’ means the Vessel General 
Permit for Discharges Incidental to the Normal Op-
eration of Vessels issued by the Administrator under
section 402 for ballast water and other discharges 
incidental to the normal operation of vessels, as in 
effect on February 6, 2009. 
‘‘(b) GENERAL PROVISIONS.— 
‘‘(1) BALLAST
WATER
DISCHARGE
REQUIRE-
MENTS FOR COMMERCIAL VESSELS.—An owner or 
operator may discharge ballast water from a com-
mercial vessel into navigable waters only if— 
‘‘(A) the discharge— 
‘‘(i) meets the ballast water perform-
ance standard; 
‘‘(ii) is made pursuant to the safety 
exemption established by subsection (c)(2); 
‘‘(iii) meets the requirements of an al-
ternative method of compliance established 
for the commercial vessel under subsection 
(f); or 
‘‘(iv) is made pursuant to a deter-
mination that the commercial vessel meets 
the requirements relating to geographically 
limited areas under subsection (g); and 
‘‘(B) the owner or operator discharges the 
ballast water in accordance with a ballast water 
management plan approved under subsection 
(i).
‘‘(2) APPLICABILITY.— 
‘‘(A) COVERED VESSELS.—Paragraph (1) 
shall apply to the owner or operator of a com-
mercial vessel that is designed, constructed, or 
adapted to carry ballast water if the commercial 
vessel is— 
‘‘(i) documented under the laws of the 
United States; or 
‘‘(ii) operating in navigable waters on 
a voyage to or from a port or place in the 
United States. 
‘‘(B) 
EXEMPTED
VESSELS.—Paragraph 
(1) shall not apply to the owner or operator 
of— 
‘‘(i) a commercial vessel that carries 
all of its ballast water in sealed tanks that 
are not subject to discharge; 
‘‘(ii) a commercial vessel that continu-
ously takes on and discharges ballast water 
in a flow-through system, if such system 
does not introduce aquatic nuisance species 
into navigable waters, as determined by the 
Secretary in consultation with the Admin-
istrator;
‘‘(iii) any vessel in the National De-
fense Reserve Fleet that is scheduled to be 
disposed of through scrapping or sinking; 
‘‘(iv) a commercial vessel that dis-
charges ballast water consisting solely of 
water— 
‘‘(I) taken aboard from a munic-
ipal or commercial source; and 
‘‘(II) that, at the time the water 
is taken aboard, meets the applicable 
regulations or permit requirements for 
such source under the Safe Drinking 
Water Act (42 U.S.C. 300f et seq.) 
and section 402 of this Act; or 
‘‘(v) a commercial vessel that is 3 
years or fewer from the end of its useful 
life, as determined by the Secretary, on the 
date on which the regulations issued under 
paragraph (3) become effective for the ves-
sel pursuant to the implementation sched-
ule issued under paragraph (3)(B). 
‘‘(C) LIMITATION.—An exemption under 
subparagraph (B)(v) shall cease to be effective 
on the date that is 3 years after the date on 
which the regulations under paragraph (3) be-
come effective for the commercial vessel pursu-
ant to the implementation schedule issued 
under paragraph (3)(B). 
‘‘(3) ISSUANCE OF REGULATIONS.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this section, 
the Secretary, in consultation with the Adminis-
trator, shall issue final regulations to imple-
ment the requirements of this section. 
‘‘(B) PROPOSED RULE.—For the purposes 
of chapter 5 of title 5, United States Code, the 
proposed rulemaking published by the Coast 
Guard on August 28, 2009 (74 Fed. Reg. 
44632; relating to standards for living orga-
nisms in ships’ ballast water discharged in U.S. 
waters), shall serve as a proposed rule for the 
purposes of issuing regulations under this sec-
tion. 
‘‘(4) COMPLIANCE SCHEDULES.— 
‘‘(A) INITIAL
PERFORMANCE
STANDARD 
COMPLIANCE DEADLINES.— 
‘‘(i) IN GENERAL.—An owner or oper-
ator shall comply with the performance 
standard established under subsection (c) 
on or before the deadline that applies to
the commercial vessel of the owner or oper-
ator, as specified in clause (ii). 
‘‘(ii) DEADLINES.—The deadlines for 
compliance with the performance standard 
established under subsection (c) are as fol-
lows: 
‘‘(I) For a commercial vessel con-
structed on or after January 1, 2012, 
the date of delivery of the vessel. 
‘‘(II) For an existing commercial 
vessel with a ballast water capacity of 
less than 1,500 cubic meters, the date 
of the first drydocking of the vessel 
after January 1, 2016. 
‘‘(III) For an existing commer-
cial vessel with a ballast water capac-
ity of at least 1,500 cubic meters but 
not more than 5,000 cubic meters, the 
date of the first drydocking of the ves-
sel after January 1, 2014. 
‘‘(IV) For an existing commercial 
vessel with a ballast water capacity of 
greater than 5,000 cubic meters, the 
date of the first drydocking of the ves-
sel after January 1, 2016.
‘‘(iii) REGULATIONS.—In issuing reg-
ulations under paragraph (3), the Sec-
retary shall include a compliance schedule 
that sets forth the deadlines specified in 
clause (ii). 
‘‘(B) REVISED PERFORMANCE STANDARD 
COMPLIANCE DEADLINES.— 
‘‘(i) IN GENERAL.—Upon revision of a 
performance standard under subsection 
(d), the Secretary, in consultation with the 
Administrator, shall issue a compliance 
schedule that establishes deadlines for an 
owner or operator to comply with the re-
vised performance standard. 
‘‘(ii) FACTORS.—In issuing a compli-
ance schedule under this subparagraph, 
the Secretary— 
‘‘(I) shall consider the factors 
identified in subparagraph (C)(iv); 
and 
‘‘(II) 
may 
establish 
different 
compliance deadlines based on vessel 
class, type, or size. 
‘‘(iii) VESSELS CONSTRUCTED AFTER 
ISSUANCE
OF
REVISED
PERFORMANCE
STANDARDS.—A 
compliance 
schedule 
issued under this subparagraph with re-
spect to a revised performance standard 
shall require, at a minimum, the owner or 
operator of a commercial vessel that com-
mences a major conversion or is con-
structed on or after the date of issuance of 
the revised performance standard to com-
ply with the revised performance standard. 
‘‘(C) EXTENSION OF COMPLIANCE DEAD-
LINES.— 
‘‘(i) IN
GENERAL.—The Secretary 
may extend a compliance deadline estab-
lished under subparagraph (A) or (B) on 
the Secretary’s own initiative or in re-
sponse to a petition submitted by an owner 
or operator. 
‘‘(ii) PROCESSES FOR GRANTING EX-
TENSIONS.—In issuing regulations under 
paragraph (3), the Secretary shall estab-
lish— 
‘‘(I) a process for the Secretary, 
in consultation with the Adminis-
trator, to issue an extension of a com-
pliance deadline established under
subparagraph (A) or (B) for a com-
mercial vessel (or class, type, or size 
of vessel); and 
‘‘(II) a process for an owner or 
operator to submit a petition to the 
Secretary for an extension of a com-
pliance deadline established under 
subparagraph (A) or (B) with respect 
to the commercial vessel of the owner 
or operator. 
‘‘(iii) PERIOD
OF
EXTENSIONS.—An 
extension issued under clause (ii)(II) 
shall— 
‘‘(I) apply for a period of not to 
exceed 18 months; and 
‘‘(II) be renewable for an addi-
tional period of not to exceed 18 
months. 
‘‘(iv) FACTORS.—In issuing an exten-
sion or reviewing a petition under this sub-
paragraph, the Secretary shall consider, 
with respect to the ability of an owner or 
operator to meet a compliance deadline, 
the following factors:
‘‘(I) Whether the treatment tech-
nology to be installed is available in 
sufficient quantities to meet the com-
pliance deadline. 
‘‘(II) Whether there is sufficient 
shipyard or other installation facility 
capacity. 
‘‘(III) Whether there is sufficient 
availability of engineering and design 
resources. 
‘‘(IV) Vessel characteristics, such 
as engine room size, layout, or a lack 
of installed piping. 
‘‘(V) Electric power generating 
capacity aboard the vessel. 
‘‘(VI) Safety of the vessel and 
crew. 
‘‘(v) 
CONSIDERATION
OF
PETI-
TIONS.— 
‘‘(I) 
DETERMINATIONS.—The 
Secretary shall approve or deny a pe-
tition for an extension of a compliance 
deadline submitted by an owner or op-
erator under this subparagraph.
‘‘(II) DEADLINE.—If the Sec-
retary does not approve or deny a pe-
tition referred to in subclause (I) on 
or before the last day of the 90-day 
period beginning on the date of sub-
mission of the petition, the petition 
shall be deemed approved. 
‘‘(c) BALLAST WATER PERFORMANCE STANDARD 
FOR COMMERCIAL VESSELS.— 
‘‘(1) IN GENERAL.—To meet the ballast water 
performance standard, an owner or operator shall— 
‘‘(A) conduct ballast water treatment be-
fore discharging ballast water from a commer-
cial vessel into navigable waters using a ballast 
water treatment technology certified for the ves-
sel (or class, type, or size of vessel) under sub-
section (e); and 
‘‘(B) ensure that any ballast water so dis-
charged meets, at a minimum, the numerical 
ballast water performance standard set forth in 
the International Convention for the Control 
and Management of Ships’ Ballast Water and 
Sediments, as adopted on February 13, 2004, 
or a revised numerical ballast water perform-
ance standard established under subsection (d).
‘‘(2) SAFETY
EXEMPTION.—Notwithstanding 
paragraph (1), an owner or operator may discharge 
ballast water without regard to a ballast water per-
formance standard if— 
‘‘(A) the discharge is done solely to ensure 
the safety of life at sea; 
‘‘(B) the discharge is accidental and the 
result of damage to the commercial vessel or its 
equipment and— 
‘‘(i) all reasonable precautions to pre-
vent or minimize the discharge have been 
taken; and 
‘‘(ii) the owner or operator did not 
willfully or recklessly cause such damage; 
or 
‘‘(C) the discharge is solely for the purpose 
of avoiding or minimizing discharge from the 
vessel of pollution that would otherwise violate 
an applicable Federal or State law. 
‘‘(d) REVIEW OF PERFORMANCE STANDARD.— 
‘‘(1) IN GENERAL.—Not later than January 1, 
2016, and every 10 years thereafter, the Adminis-
trator, in consultation with the Secretary, shall com-
plete a review to determine whether revising the bal-
last water performance standard would result in a
scientifically demonstrable and substantial reduction 
in the risk of the introduction or establishment of 
aquatic nuisance species. 
‘‘(2) CONSIDERATIONS.—In conducting the re-
view, the Administrator shall consider— 
‘‘(A) improvements in the scientific under-
standing of biological and ecological processes 
that lead to the introduction or establishment of 
aquatic nuisance species; 
‘‘(B) improvements in ballast water treat-
ment technology, including— 
‘‘(i) the capability of such technology 
to achieve a revised ballast water perform-
ance standard; 
‘‘(ii) the effectiveness and reliability of 
such technology in the shipboard environ-
ment; 
‘‘(iii) the compatibility of such tech-
nology with the design and operation of 
commercial vessels by class, type, and size; 
‘‘(iv) the commercial availability of 
such technology; and 
‘‘(v) the safety of such technology; 
‘‘(C) improvements in the capabilities to 
detect, quantify, and assess the viability of
aquatic nuisance species at the concentrations 
under consideration; 
‘‘(D) the impact of ballast water treatment 
technology on water quality; and 
‘‘(E) the costs, cost-effectiveness, and im-
pacts of— 
‘‘(i) a revised ballast water perform-
ance standard, including the potential im-
pacts on shipping, trade, and other uses of 
the aquatic environment; and 
‘‘(ii) maintaining the existing ballast 
water performance standard, including the 
potential impacts on water-related infra-
structure, recreation, the propagation of 
native fish, shellfish, and wildlife, and 
other uses of navigable waters. 
‘‘(3) REVISION OF PERFORMANCE STANDARD.— 
‘‘(A) RULEMAKING.—If, pursuant to a re-
view conducted under paragraph (1), the Ad-
ministrator, in consultation with the Secretary, 
determines that revising the ballast water per-
formance standard would result in a scientif-
ically demonstrable and substantial reduction in 
the risk of the introduction or establishment of 
aquatic nuisance species, the Administrator
shall undertake a rulemaking to revise the per-
formance standard. 
‘‘(B) SPECIAL RULE.—The Administrator 
may not issue a revised performance standard 
pursuant to this paragraph that applies to a 
commercial vessel constructed prior to the date 
on which the revised performance standard is 
issued unless the revised performance standard 
is at least 2 orders of magnitude more stringent 
than the performance standard in effect on the 
date that the review is completed. 
‘‘(4) STATE
PETITION
FOR
REVIEW
OF
PER-
FORMANCE STANDARDS.— 
‘‘(A) IN
GENERAL.—The Governor of a 
State may submit a petition requesting that the 
Administrator review a ballast water perform-
ance standard if there is significant new infor-
mation that could reasonably indicate the per-
formance standard could be revised to result in 
a scientifically demonstrable and substantial re-
duction in the risk of the introduction or estab-
lishment of aquatic nuisance species. 
‘‘(B) TIMING.—A Governor may not sub-
mit a petition under subparagraph (A) during
the 1-year period following the date of comple-
tion of a review under paragraph (1). 
‘‘(C) REQUIRED
INFORMATION.—A peti-
tion submitted to the Administrator under sub-
paragraph (A) shall include the scientific and 
technical information on which the petition is 
based. 
‘‘(D) REVIEW AND REPORTING.—Upon re-
ceipt of a petition from a Governor under sub-
paragraph (A), the Administrator shall make 
publicly available a copy of the petition, includ-
ing the scientific and technical information pro-
vided by the Governor under subparagraph (C). 
‘‘(E) REVIEW AND REVISION OF PERFORM-
ANCE STANDARDS.— 
‘‘(i) IN GENERAL.—If, after receiving 
a petition submitted by a Governor under 
subparagraph (A) for review of a perform-
ance standard, the Administrator, in con-
sultation with the Secretary, determines 
that the petition warrants additional ac-
tion, the Administrator may— 
‘‘(I) in consultation with the Sec-
retary, initiate a review of the per-
formance standard under paragraph 
(1); and 
‘‘(II) in consultation with the 
Secretary, revise the performance 
standard through a rulemaking under 
paragraph (3)(A), subject to the limi-
tation in paragraph (3)(B). 
‘‘(ii) TREATMENT
OF
MORE
THAN 
ONE PETITION AS A SINGLE PETITION.— 
The Administrator may treat more than 
one petition as a single petition for review. 
‘‘(e) TREATMENT TECHNOLOGY CERTIFICATION.— 
‘‘(1) CERTIFICATION REQUIRED.— 
‘‘(A) CERTIFICATION PROCESS.— 
‘‘(i) EVALUATION.—Upon application 
of a manufacturer, the Secretary shall 
evaluate a ballast water treatment tech-
nology with respect to— 
‘‘(I) whether the treatment tech-
nology meets the ballast water per-
formance standard when installed on 
a commercial vessel (or a class, type, 
or size of commercial vessel);
‘‘(II) the effect of the treatment 
technology on commercial vessel safe-
ty; and 
‘‘(III) any other criteria the Sec-
retary considers appropriate. 
‘‘(ii) CERTIFICATION.—If, after con-
ducting the evaluation required by clause 
(i), the Secretary determines the treatment 
technology meets the criteria established 
under such clause, the Secretary may cer-
tify the treatment technology for use on a 
commercial vessel (or a class, type, or size 
of commercial vessel). 
‘‘(iii) SUSPENSION AND REVOCATION 
OF CERTIFICATION.—The Secretary shall, 
by regulation, establish a process to sus-
pend or revoke a certification issued under 
this subparagraph. 
‘‘(B) CERTIFICATES OF TYPE APPROVAL.— 
‘‘(i) ISSUANCE OF CERTIFICATES TO 
MANUFACTURER.—If the Secretary cer-
tifies a ballast water treatment technology 
under subparagraph (A), the Secretary 
shall issue to the manufacturer of the 
treatment technology, in such form and
manner as the Secretary determines appro-
priate, a certificate of type approval for the 
treatment technology. 
‘‘(ii) CONDITIONS TO BE INCLUDED IN 
CERTIFICATES.—A certificate of type ap-
proval issued under clause (i) shall include 
any conditions that are imposed by the 
Secretary under paragraph (2). 
‘‘(iii) ISSUANCE OF COPIES OF CER-
TIFICATES TO OWNERS AND OPERATORS.— 
A manufacturer that receives a certificate 
of type approval under clause (i) for a bal-
last water treatment technology shall fur-
nish a copy of the certificate to any owner 
or operator of a commercial vessel on 
which the treatment technology is in-
stalled. 
‘‘(iv) INSPECTIONS.—An owner or op-
erator who receives a copy of a certificate 
under clause (iii) for a ballast water treat-
ment technology installed on a commercial 
vessel shall retain a copy of the certificate 
onboard the commercial vessel and make 
the copy of the certificate available for in-
spection at all times that such owner or
operator is utilizing the treatment tech-
nology. 
‘‘(C) TREATMENT
TECHNOLOGIES
THAT 
USE OR GENERATE BIOCIDES.—The Secretary 
may not certify a ballast water treatment tech-
nology that— 
‘‘(i) uses a biocide or generates a 
biocide that is a ‘pesticide’, as defined in 
section 2 of the Federal Insecticide, Fun-
gicide, and Rodenticide Act (7 U.S.C. 
136), unless the biocide is registered under 
such Act or the Administrator has ap-
proved the use of such biocide in such 
treatment technology; or 
‘‘(ii) uses or generates a biocide the 
discharge of which causes or contributes to 
a violation of a water quality standard 
under section 303 of this Act. 
‘‘(D) PROHIBITION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided by clause (ii), an owner or operator 
may not use a ballast water treatment 
technology to comply with the require-
ments of this section unless the Secretary
has certified the treatment technology 
under subparagraph (A). 
‘‘(ii) EXCEPTIONS.— 
‘‘(I) COAST
GUARD
SHIPBOARD 
TECHNOLOGY
EVALUATION
PRO-
GRAM.—An owner or operator may 
use a ballast water treatment tech-
nology that has not been certified by 
the Secretary to comply with the re-
quirements of this section if the tech-
nology is being evaluated under the 
Coast Guard Shipboard Technology 
Evaluation Program. 
‘‘(II) BALLAST
WATER
TREAT-
MENT TECHNOLOGIES CERTIFIED BY 
FOREIGN ENTITIES.—An owner or op-
erator may use a ballast water treat-
ment technology that has not been 
certified by the Secretary to comply 
with the requirements of this section 
if the technology has been certified by 
a foreign entity and the certification 
demonstrates performance and safety 
of the treatment technology equivalent
to the requirements of this subsection, 
as determined by the Secretary. 
‘‘(2) CERTIFICATION CONDITIONS.— 
‘‘(A) IMPOSITION OF CONDITIONS.—In cer-
tifying a ballast water treatment technology 
under this subsection, the Secretary, in con-
sultation with the Administrator, may impose 
any condition on the subsequent installation, 
use, or maintenance of the treatment tech-
nology onboard a commercial vessel as is nec-
essary for— 
‘‘(i) the safety of the vessel, the crew 
of the vessel, and any passengers aboard 
the vessel; 
‘‘(ii) the protection of the environ-
ment; and 
‘‘(iii) the effective operation of the 
treatment technology. 
‘‘(B) FAILURE TO COMPLY.—The failure of 
an owner or operator to comply with a condi-
tion imposed under subparagraph (A) is a viola-
tion of this section. 
‘‘(3) USE
OF
BALLAST
WATER
TREATMENT 
TECHNOLOGIES ONCE INSTALLED.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), an owner or operator who installs a 
ballast water treatment technology that the 
Secretary has certified under paragraph (1) 
may use the treatment technology, notwith-
standing any revisions to a ballast water per-
formance standard occurring after the installa-
tion so long as the owner or operator— 
‘‘(i) maintains the treatment tech-
nology in proper working condition; and 
‘‘(ii) maintains and uses the treat-
ment technology in accordance with— 
‘‘(I) the manufacturer’s specifica-
tions; and 
‘‘(II) any conditions imposed by 
the Secretary under paragraph (2). 
‘‘(B) 
LIMITATION.—Subparagraph 
(A) 
shall cease to apply with respect to a commer-
cial vessel after the first to occur of the fol-
lowing: 
‘‘(i) The expiration of the service life 
of the ballast water treatment technology 
of the vessel, as determined by the Sec-
retary.
‘‘(ii) The expiration of service life of 
the vessel, as determined by the Secretary. 
‘‘(iii) The completion of a major con-
version of the vessel. 
‘‘(4) TESTING PROTOCOLS.—Not later than 180 
days after the date of enactment of this section, the 
Administrator, in consultation with the Secretary, 
shall issue requirements for land-based and ship-
board testing protocols or criteria for— 
‘‘(A) certifying the performance of ballast 
water treatment technologies under this sub-
section; and 
‘‘(B) certifying laboratories to evaluate 
such treatment technologies. 
‘‘(5) PROHIBITION.—Following the date on 
which the requirements of subsection (b)(1) apply 
with respect to a commercial vessel pursuant to the 
implementation schedule issued under subsection 
(b)(3)(B), no manufacturer of a ballast water treat-
ment technology shall sell, offer for sale, or intro-
duce or deliver for introduction into interstate com-
merce, or import into the United States for sale or 
resale, a ballast water treatment technology for the 
commercial vessel unless the technology has been 
certified under this subsection.
‘‘(f) ALTERNATIVE METHODS OF COMPLIANCE.— 
‘‘(1) ESTABLISHMENT.—Not later than 180 
days after the date of enactment of this section, the 
Secretary, in consultation with the Administrator, 
shall establish an alternative method of compliance 
with this section for— 
‘‘(A) a commercial vessel having a max-
imum ballast water capacity of less than 8 
cubic meters; and 
‘‘(B) a commercial vessel that is 3 years or 
fewer from the end of its useful life, as deter-
mined by the Secretary pursuant to subsection 
(b)(2)(B)(v). 
‘‘(2) FACTORS FOR CONSIDERATION.—In estab-
lishing an alternative method of compliance under 
paragraph (1), the Secretary shall consider— 
‘‘(A) the effectiveness of the alternative 
method in reducing the risk of the introduction 
or establishment of aquatic nuisance species rel-
ative to the performance standard; and 
‘‘(B) any other factor the Secretary con-
siders appropriate. 
‘‘(3) BEST
MANAGEMENT
PRACTICES.—The 
Secretary may establish as an alternative method of 
compliance appropriate ballast water best manage-
100 
ment practices to minimize the introduction or es-
tablishment of aquatic nuisance species. 
‘‘(g) GEOGRAPHICALLY LIMITED AREAS.— 
‘‘(1) IN
GENERAL.—Subsection (c) shall not 
apply to a commercial vessel that— 
‘‘(A) operates exclusively within a geo-
graphically limited area; or 
‘‘(B) operates pursuant to a geographic re-
striction issued for the commercial vessel under 
section 3309 of title 46, United States Code, or 
an equivalent restriction, as determined by the 
Secretary, issued by the country of registration 
of the commercial vessel. 
‘‘(2) PETITION FOR DETERMINATION BY THE 
SECRETARY.— 
‘‘(A) SUBMISSION
OF
PETITIONS.—Fol-
lowing the date of issuance of final regulations 
under subsection (b), an owner or operator may 
petition the Secretary for a determination 
under paragraph (1). 
‘‘(B) DETERMINATIONS.—The Secretary 
shall approve or deny a petition submitted by 
an owner or operator under subparagraph (A). 
‘‘(C) DEADLINE.—If the Secretary does 
not approve or deny a petition submitted by an
101 
owner or operator under subparagraph (A) on 
or before the last day of the 90-day period be-
ginning on the date of submission of the peti-
tion, the petition shall be deemed approved. 
‘‘(3) NOTIFICATION.—The Secretary shall no-
tify the Administrator and the Governor of each 
State the waters of which could be affected by the 
discharge of ballast water from a commercial vessel 
for which a petition has been granted under para-
graph (2) of the granting of any such petition. 
‘‘(4) BEST MANAGEMENT PRACTICES.—For a 
commercial vessel for which a petition is granted 
under paragraph (2), the Secretary shall require the 
owner or operator to implement appropriate ballast 
water best management practices to minimize the in-
troduction or establishment of aquatic nuisance spe-
cies. 
‘‘(h) RECEPTION FACILITIES.— 
‘‘(1) IN GENERAL.—An owner or operator shall 
discharge ballast water in compliance with sub-
section (c) or (f) unless discharging ballast water 
into— 
‘‘(A) an onshore facility for the reception 
of ballast water that meets standards issued by
102 
the Administrator, in consultation with the Sec-
retary; or 
‘‘(B) an offshore facility for the reception 
of ballast water that meets standards issued by 
the Secretary, in consultation with the Adminis-
trator. 
‘‘(2) ISSUANCE
OF
STANDARDS.—Not later 
than 2 years after the date of enactment of this sec-
tion— 
‘‘(A) the Administrator, in consultation 
with the Secretary, shall issue the standards re-
ferred to in paragraph (1)(A); and 
‘‘(B) the Secretary, in consultation with 
the Administrator, shall issue the standards re-
ferred to in paragraph (1)(B). 
‘‘(3) SOLE METHOD OF DISCHARGE.—The Sec-
retary, in consultation with the Administrator, and 
upon petition by an owner or operator, may issue to 
an owner or operator a certificate stating that a 
commercial vessel is in compliance with the require-
ments of subsection (b)(1)(A) if discharging ballast 
water into a facility meeting the standards issued 
under this subsection is the sole method by which 
the owner or operator discharges ballast water from 
the commercial vessel.
103 
‘‘(4) BALLAST WATER MANAGEMENT PLANS.— 
An owner or operator discharging ballast water 
under this subsection shall discharge such water in 
accordance with a ballast water management plan 
approved under subsection (i). 
‘‘(i) COMMERCIAL VESSEL BALLAST WATER MAN-
AGEMENT PLAN.— 
‘‘(1) IN GENERAL.—An owner or operator shall 
discharge ballast water in accordance with a ballast 
water management plan that— 
‘‘(A) meets requirements prescribed by the 
Secretary; and 
‘‘(B) is approved by the Secretary. 
‘‘(2) FOREIGN
COMMERCIAL
VESSELS.—The 
Secretary may approve a ballast water management 
plan for a foreign commercial vessel on the basis of 
a certificate of compliance issued by the country of 
registration of the commercial vessel if the require-
ments of the government of that country for a bal-
last water management plan are substantially equiv-
alent to regulations issued by the Secretary. 
‘‘(3) RECORDKEEPING.— 
‘‘(A) IN GENERAL.—Except as provided by 
subparagraph (B), an owner or operator shall 
maintain in English and have available for in-
104 
spection by the Secretary a ballast water record 
book in which each operation of the commercial 
vessel involving a ballast water discharge is re-
corded in accordance with regulations issued by 
the Secretary. 
‘‘(B) ALTERNATIVE
MEANS
OF
RECORD-
KEEPING.—The Secretary may provide for al-
ternative methods of recordkeeping, including 
electronic recordkeeping, to comply with the re-
quirements of this paragraph. 
‘‘(j) REGULATION
OF
BALLAST
WATER
DIS-
CHARGES.—Effective on and after the date of enactment 
of this section— 
‘‘(1) the Administrator (or a State in the case 
of a permit program approved under section 402) 
shall not require any new permit or permit condition 
under section 402 for any discharge of ballast water 
from a commercial vessel into navigable waters; and 
‘‘(2) except as provided by subsection (k), a 
State or political subdivision thereof shall not adopt 
or enforce any law or regulation of the State or po-
litical subdivision with respect to such a discharge. 
‘‘(k) STATE AUTHORITY.— 
‘‘(1) STATE
PROGRAMS.—The Governor of a 
State desiring to administer its own inspection and
105 
enforcement authority for ballast water discharges 
within its jurisdiction may submit to the Secretary 
a complete description of the program the Governor 
proposes to establish and administer under State 
law. In addition, the Governor shall submit a state-
ment from the State attorney general that the laws 
of the State provide adequate authority to carry out 
the described program. 
‘‘(2) APPROVAL.—The Secretary, with the con-
currence of the Administrator, may approve a pro-
gram of a State submitted under paragraph (1) pro-
viding for the State’s own inspection and enforce-
ment authority for ballast water discharges within 
its jurisdiction, if the Secretary determines that the 
State possesses adequate resources to— 
‘‘(A) inspect, monitor, and board a com-
mercial vessel at any time, including the taking 
and testing of ballast water samples, to ensure 
the commercial vessel’s compliance with this 
section; 
‘‘(B) ensure that any ballast water dis-
charged within the waters subject to the juris-
diction of the State meets the requirements of 
this section;
106 
‘‘(C) establish adequate procedures for re-
porting violations of this section; 
‘‘(D) investigate and abate violations of 
this section, including the imposition of civil 
and criminal penalties consistent with sub-
section (o); and 
‘‘(E) ensure that the Secretary and the 
Administrator receive notice of each violation of 
this section in an expeditious manner. 
‘‘(3) COMPLIANCE.—Any State program ap-
proved under paragraph (2) shall at all times be 
conducted in accordance with this subsection. 
‘‘(4) WITHDRAWAL OF APPROVAL.—Whenever 
the Secretary, in consultation with the Adminis-
trator, determines, after providing notice and the op-
portunity for a public hearing, that a State is not 
administering a program in accordance with the 
terms of the program as approved under paragraph 
(2), the Secretary shall notify the State, and, if ap-
propriate corrective action is not taken within a pe-
riod of time not to exceed 90 days, the Secretary, 
with the concurrence of the Administrator, shall 
withdraw approval of the program. The Secretary 
shall not withdraw approval of a program unless the
107 
Secretary has first notified the State and made pub-
lic, in writing, the reasons for the withdrawal. 
‘‘(5) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall limit the au-
thority of the Administrator or the Secretary to 
carry out inspections of any commercial vessel under 
subsection (n). 
‘‘(6) STATE LAWS.—Notwithstanding any other 
provision of this section, a State may enact such 
laws as are necessary to provide for the implementa-
tion of the State ballast water inspection and en-
forcement program provided under this subsection. 
The requirements for a ballast water inspection and 
enforcement program contained in such State law 
shall be substantively and procedurally equivalent to 
those required in this section, and any requirements 
relating to recordkeeping, reporting, and sampling or 
analysis contained in such State law shall be sub-
stantively and procedurally equivalent to the require-
ments of this section and its implementing regula-
tions and guidance. 
‘‘(l) DISCHARGES INCIDENTAL TO THE NORMAL OP-
ERATIONS OF A COMMERCIAL VESSEL.— 
‘‘(1) 
EVALUATION
OF
INCIDENTAL
DIS-
CHARGES.—
108 
‘‘(A) IN GENERAL.—Not later than 3 years 
after the date of enactment of this section, the 
Administrator, in consultation with the Sec-
retary, shall complete an evaluation of dis-
charges incidental to the normal operation of a 
commercial vessel. 
‘‘(B) FACTORS.—In carrying out the eval-
uation, the Administrator shall analyze— 
‘‘(i) the characterization of the var-
ious types and composition of discharges 
incidental to the normal operation of a 
commercial vessel by different classes, 
types, and sizes of commercial vessels; 
‘‘(ii) the volume of such discharges for 
representative individual commercial ves-
sels and by classes, types, and sizes of 
commercial vessels in the aggregate; 
‘‘(iii) the availability and feasibility of 
implementing technologies or best manage-
ment practices for the control of such dis-
charges; 
‘‘(iv) the characteristics of the receiv-
ing waters of such discharges;
109 
‘‘(v) the nature and extent of poten-
tial effects of such discharges on human 
health, welfare, and the environment; 
‘‘(vi) the extent to which such dis-
charges are currently subject to and ad-
dressed by regulations under existing Fed-
eral laws or binding international obliga-
tions of the United States; and 
‘‘(vii) any additional factor that the 
Administrator considers appropriate. 
‘‘(2) 
REGULATION
OF
INCIDENTAL
DIS-
CHARGES.—Effective on and after the date of enact-
ment of this section— 
‘‘(A) the Administrator (or a State in the 
case of a permit program approved under sec-
tion 402) shall not require any new permit or 
permit conditions under section 402 for any dis-
charge incidental to the normal operation of a 
commercial vessel; and 
‘‘(B) a State or political subdivision there-
of shall not adopt or enforce any law or regula-
tion of the State or political subdivision with re-
spect to such a discharge. 
‘‘(m) EFFECT ON VESSEL GENERAL PERMIT.—
110 
‘‘(1) EXPIRATION.—Notwithstanding the expi-
ration date set forth in the Vessel General Permit, 
the Vessel General Permit shall expire as follows: 
‘‘(A) The terms and conditions of section 
6 of such permit or any law of a State regu-
lating the discharge of ballast water or any dis-
charge incidental to the normal operation of a 
commercial vessel, upon the date of enactment 
of this section. 
‘‘(B) For each commercial vessel, the 
terms and conditions of such permit (except the 
terms and conditions referred to in subpara-
graph (A)) applicable to a discharge of ballast 
water— 
‘‘(i) on the date on which— 
‘‘(I) a ballast water treatment 
technology certified under subsection 
(e) is installed on the commercial ves-
sel; 
‘‘(II) an alternative method of 
compliance established for the com-
mercial vessel under subsection (f) is 
implemented for the commercial ves-
sel;
111 
‘‘(III) a petition is granted for 
the commercial vessel under sub-
section (g); or 
‘‘(IV) a certificate is issued for 
the commercial vessel under sub-
section (h); or 
‘‘(ii) in any case not described in 
clause (i), on December 18, 2013. 
‘‘(2) DISCHARGES INCIDENTAL TO THE NOR-
MAL OPERATION OF COMMERCIAL VESSELS.—Not-
withstanding the expiration date set forth in the 
Vessel General Permit, the terms and conditions of 
such permit (except the terms and conditions re-
ferred to in paragraph (1)(A)) applicable to dis-
charges incidental to the normal operation of a com-
mercial vessel shall remain in effect. 
‘‘(n) INSPECTIONS AND ENFORCEMENT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) COAST GUARD ENFORCEMENT.—The 
Secretary shall enforce the requirements of this 
section and may utilize by agreement, with or 
without reimbursement, law enforcement offi-
cers or other personnel and facilities of the Ad-
ministrator, other Federal agencies, and the 
States.
112 
‘‘(B) ENVIRONMENTAL PROTECTION AGEN-
CY
ACTIONS.—Notwithstanding any enforce-
ment decisions of the Secretary under subpara-
graph (A), the Administrator may use the au-
thorities provided in sections 308, 309, 312, 
and 504 whenever required to carry out this 
section. 
‘‘(2) COAST
GUARD
INSPECTIONS.—The Sec-
retary may carry out inspections of any commercial 
vessel at any time, including the taking of ballast 
water samples, to ensure compliance with this sec-
tion. The Secretary shall use all appropriate and 
practical measures of detection and environmental 
monitoring of such commercial vessels and shall es-
tablish adequate procedures for reporting violations 
of this section and accumulating evidence regarding 
such violations. 
‘‘(o) COMPLIANCE.— 
‘‘(1) DETENTION OF COMMERCIAL VESSEL.— 
The Secretary, by notice to the owner or operator, 
may detain the commercial vessel if the Secretary 
has reasonable cause to believe that the commercial 
vessel does not comply with a requirement of this 
section or is being operated in violation of such a re-
quirement.
113 
‘‘(2) SANCTIONS.— 
‘‘(A) CIVIL PENALTIES.— 
‘‘(i) IN GENERAL.—Any person who 
violates this section shall be liable for a 
civil penalty in an amount determined 
under clause (ii). Each day of a continuing 
violation constitutes a separate violation. A 
commercial vessel operated in violation of 
this section is liable in rem for any civil 
penalty assessed for that violation. 
‘‘(ii) 
PENALTY
AMOUNTS.—The 
amount of a civil penalty assessed under 
clause (i) shall be determined as follows: 
‘‘(I) For vessels with a ballast 
water capacity less than 1500 cubic 
meters, not to exceed $25,000 for 
each violation. 
‘‘(II) For vessels with a ballast 
water capacity of 1500 cubic meters 
but not more than 5,000 cubic me-
ters, not to exceed $28,750 for each 
violation. 
‘‘(III) For vessels with a ballast 
water capacity greater than 5,000
114 
cubic meters, not to exceed $32,500 
for each violation. 
‘‘(B) CRIMINAL PENALTIES.—Any person 
who knowingly violates this section shall be 
punished by a fine of not less that $5,000 nor 
more than $50,000 per day of violation, or by 
imprisonment for not more than 3 years, or 
both. If a conviction of a person is for a viola-
tion committed after a first conviction of such 
person under this paragraph, punishment shall 
be by a fine of not more than $100,000 per day 
of violation, or imprisonment of not more than 
6 years, or both. 
‘‘(C) REVOCATION OF CLEARANCE.—Upon 
request of the Secretary, the Secretary of 
Homeland Security shall withhold or revoke the 
clearance of a commercial vessel required by 
section 60105 of title 46, United States Code, 
if the owner or operator is in violation of this 
section. 
‘‘(3) ENFORCEMENT ACTIONS.— 
‘‘(A) ADMINISTRATIVE
ACTIONS.—If the 
Secretary finds that a person has violated this 
section, the Secretary may assess a civil penalty 
for the violation. In determining the amount of
115 
the civil penalty, the Secretary shall take into 
account the nature, circumstances, extent, and 
gravity of the prohibited acts committed and, 
with respect to the violator, the degree of culpa-
bility, any history of prior violations, and such 
other matters as justice may require. 
‘‘(B) CIVIL ACTIONS.—At the request of 
the Secretary, the Attorney General may bring 
a civil action in an appropriate district court of 
the United States to enforce this section. Any 
court before which such an action is brought 
may award appropriate relief, including tem-
porary or permanent injunctions and civil pen-
alties. 
‘‘(4) EXCLUSION.—No person shall be found in 
violation of this section whose commission of prohib-
ited acts is found by the Secretary to have been in 
the interest of ensuring the safety of life at sea. 
‘‘(p) REGULATION UNDER OTHER SECTIONS
OF 
THIS ACT.—This section shall not affect the regulation 
of discharges from a commercial vessel pursuant to section 
311 or 312.’’.
116 
SEC. 703. DISCHARGES INCIDENTAL TO THE NORMAL OP-
ERATION OF A COVERED VESSEL. 
(a) DISCHARGES INCIDENTAL TO THE NORMAL OP-
ERATION OF A COVERED VESSEL.— 
(1) NO PERMIT REQUIRED.—Section 402 of the 
Federal Water Pollution Control Act (33 U.S.C. 
1342) is amended by adding at the end the fol-
lowing: 
‘‘(s) DISCHARGES INCIDENTAL TO THE NORMAL OP-
ERATION OF A COVERED VESSEL.—No permit shall be re-
quired under this Act by the Administrator (or a State, 
in the case of a permit program approved under subsection 
(b)) for a discharge incidental to the normal operation of 
a covered vessel (as defined in section 312(p)).’’. 
(2) BEST MANAGEMENT PRACTICES FOR COV-
ERED VESSELS.—Section 312 of the Federal Water 
Pollution Control Act (33 U.S.C. 1342) is amended 
by adding at the end the following: 
‘‘(p) BEST MANAGEMENT PRACTICES FOR COVERED 
VESSELS.— 
‘‘(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) COVERED VESSEL.—The term ‘cov-
ered 
vessel’ 
means 
every 
description 
of 
watercraft, or other artificial contrivance used 
or capable of being used as a means of trans-
117 
portation on water, that is engaged in commer-
cial service (as defined under section 2101 of 
title 46, United States Code), and— 
‘‘(i) is less than 79 feet in length; or 
‘‘(ii) is a fishing vessel (as defined in 
section 2101 of title 46, United States 
Code), regardless of length of the vessel. 
‘‘(B) DISCHARGE
INCIDENTAL
TO
THE 
NORMAL OPERATION OF A COVERED VESSEL.— 
The term ‘discharge incidental to the normal 
operation of a covered vessel’ means a discharge 
incidental to the normal operation of a commer-
cial vessel (as defined in section 321), insofar 
as the commercial vessel is a covered vessel. 
‘‘(2) DETERMINATION
OF
DISCHARGES
SUB-
JECT TO BEST MANAGEMENT PRACTICES.— 
‘‘(A) DETERMINATION.— 
‘‘(i) IN
GENERAL.—The Adminis-
trator, in consultation with the Secretary 
of the department in which the Coast 
Guard is operating, shall determine the 
discharges incidental to the normal oper-
ation of a covered vessel for which it is 
reasonable and practicable to develop best 
management practices to mitigate the ad-
118 
verse impacts of such discharges on the 
waters of the United States. 
‘‘(ii) PROMULGATION.—The Adminis-
trator shall promulgate the determinations 
under clause (i) in accordance with section 
553 of title 5, United States Code. 
‘‘(B) CONSIDERATIONS.—In making a de-
termination under subparagraph (A), the Ad-
ministrator shall consider— 
‘‘(i) the nature of the discharge; 
‘‘(ii) the environmental effects of the 
discharge, including characteristics of the 
receiving waters; 
‘‘(iii) the effectiveness of the best 
management practice in reducing adverse 
impacts of the discharge on water quality; 
‘‘(iv) the practicability of developing 
and using a best management practice; 
‘‘(v) the effect that the use of a best 
management practice would have on the 
operation, operational capability, or safety 
of the vessel; 
‘‘(vi) applicable Federal and State 
law;
119 
‘‘(vii) applicable international stand-
ards; and 
‘‘(viii) the economic costs of the use of 
the best management practice. 
‘‘(C) TIMING.—The Administrator shall— 
‘‘(i) make initial determinations under 
subparagraph (A) not later than 1 year 
after the date of enactment of this sub-
section; and 
‘‘(ii) every 5 years thereafter— 
‘‘(I) review the determinations; 
and 
‘‘(II) if necessary, revise the de-
terminations based on any new infor-
mation available to the Administrator. 
‘‘(3) REGULATIONS
FOR
THE
USE
OF
BEST 
MANAGEMENT PRACTICES.— 
‘‘(A) IN GENERAL.—The Secretary of the 
department in which the Coast Guard is oper-
ating, in consultation with the Administrator, 
shall promulgate regulations on the use of best 
management practices for discharges incidental 
to the normal operation of a covered vessel that 
the Administrator determines are reasonable 
and practicable to develop under paragraph (2).
120 
‘‘(B) REGULATIONS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall promulgate the regulations under this 
paragraph as soon as practicable after the 
Administrator makes determinations pur-
suant to paragraph (2). 
‘‘(ii) CONSIDERATIONS.—In promul-
gating regulations under this paragraph, 
the Secretary may— 
‘‘(I) distinguish among classes, 
types, and sizes of vessels; 
‘‘(II) distinguish between new 
and existing vessels; and 
‘‘(III) provide for a waiver of the 
applicability of the standards as nec-
essary or appropriate to a particular 
class, type, age, or size of vessel. 
‘‘(4) EFFECT
OF
OTHER
LAWS.—This sub-
section shall not affect the application of section 311 
to a covered vessel. 
‘‘(5) PROHIBITION RELATING TO COVERED VES-
SELS.—After the effective date of the regulations 
promulgated by the Secretary of the department in 
which the Coast Guard is operating under paragraph 
(3), the owner or operator of a covered vessel shall
121 
neither operate in, nor discharge any discharge inci-
dental to the normal operation of the vessel into 
navigable waters, if the owner or operator of the ves-
sel is not using any applicable best management 
practice meeting standards established under this 
subsection.’’. 
SEC. 704. CONFORMING AND TECHNICAL AMENDMENTS. 
(a) EFFLUENT LIMITATIONS.—Section 301(a) of the 
Federal Water Pollution Control Act (33 U.S.C. 1311(a)) 
is amended by inserting ‘‘312, 321,’’ after ‘‘318,’’. 
(b) REVIEW OF ADMINISTRATOR’S ACTIONS.—The 
first sentence of section 509(b)(1) of such Act (33 U.S.C. 
1369(b)(1)) is amended— 
(1) by striking ‘‘and (G)’’ and inserting ‘‘(G)’’; 
and 
(2) by inserting after ‘‘section 304(l),’’ the fol-
lowing: ‘‘and (H) in issuing any regulation or other-
wise taking final agency action under section 312 or 
321,’’. 
SEC. 705. REGULATION OF BALLAST WATER AND INCI-
DENTAL DISCHARGES FROM A COMMERCIAL 
VESSEL. 
(a) IN GENERAL.—Effective on the date of enact-
ment of this Act, the following discharges shall not be reg-
ulated in any manner other than as specified in section
122 
312 or 321 of the Federal Water Pollution Control Act 
(as added by this title): 
(1) A discharge incidental to the normal oper-
ation of a commercial vessel. 
(2) A discharge of ballast water from a com-
mercial vessel. 
(b) DEFINITIONS.—In this section, the terms ‘‘ballast 
water’’, ‘‘commercial vessel’’, and ‘‘discharge incidental to 
the normal operation of a commercial vessel’’ have the 
meanings given those terms in section 321(a) of the Fed-
eral Water Pollution Control Act (as added by this title). 
SEC. 706. NONINDIGENOUS AQUATIC NUISANCE PREVEN-
TION AND CONTROL ACT OF 1990. 
(a) AQUATIC NUISANCE SPECIES IN WATERS OF THE 
UNITED STATES.—Effective on the date of issuance of 
final regulations under section 321(b) of the Federal 
Water Pollution Control Act (as added by this title), sec-
tion 1101 of the Nonindigenous Aquatic Nuisance Preven-
tion and Control Act of 1990 (16 U.S.C. 4711) is re-
pealed. 
(b) RELATIONSHIP TO OTHER LAWS.—Effective on 
the date of enactment of this Act, section 1205 of the 
Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4725) is repealed.
123 
SEC. 707. SPECIAL CONSIDERATION FOR VESSELS OF HIS-
TORICAL SIGNIFICANCE. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of this title or the amendments made by this title, 
a qualified vessel shall operate for the life of the vessel 
under the terms and conditions of the Vessel General Per-
mit, as in effect on November 1, 2011, without regard to 
any expiration dates in such permit. 
(b) DEFINITIONS.—In this section: 
(1) QUALIFIED VESSEL.—A vessel is a qualified 
vessel for purposes of subsection (a) if the vessel is, 
as of November 1, 2011— 
(A) on, or nominated for inclusion on, the 
list of National Historic Landmarks; and 
(B) subject to part 5.3 of the Vessel Gen-
eral Permit. 
(2) VESSEL
GENERAL
PERMIT.—The term 
‘‘Vessel General Permit’’ has the definition given 
such term in section 321(a) of the Federal Water 
Pollution Control Act, as added by section 702. 
TITLE VIII—PIRACY 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Piracy Suppression 
Act of 2011’’.
124 
SEC. 802. REPORT ON ACTIONS TAKEN TO PROTECT FOR-
EIGN-FLAGGED VESSELS FROM PIRACY. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Defense, in consultation with 
the Secretary of the department in which the Coast Guard 
is operating, shall provide to the Committee on Armed 
Services and the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Armed Service and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on actions taken by the Secretary of Defense to protect 
foreign-flagged vessels from acts of piracy on the high 
seas. The report shall include— 
(1) the total number of incidents for each of the 
fiscal years 2008 through 2011 in which a member 
of the armed services or an asset under the control 
of the Secretary of Defense was used to interdict or 
defend against an act of piracy directed against any 
vessel not documented under the laws of the United 
States; and 
(2) the total cost for each of the fiscal years 
2008 through 2011 for such incidents.
125 
SEC. 803. TRAINING PROGRAM FOR USE OF FORCE 
AGAINST PIRACY. 
(a) IN GENERAL.—Chapter 517 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 51705. Training program for use of force against 
piracy 
‘‘The Secretary of Transportation shall establish a 
training program for United States mariners on the use 
of force against pirates. The program shall include— 
‘‘(1) information on waters designated as high- 
risk waters by the Commandant of the Coast Guard; 
‘‘(2) information on current threats and pat-
terns of attack by pirates; 
‘‘(3) tactics for defense of a vessel, including in-
struction on the types, use, and limitations of secu-
rity equipment; 
‘‘(4) standard rules for the use of force for self 
defense as developed by the Secretary of the depart-
ment in which the Coast Guard is operating under 
section 912(c) of the Coast Guard Authorization Act 
of 2010 (Public Law 111–281; 46 U.S.C. 8107 
note), including instruction on firearm safety for 
crewmembers of vessels carrying cargo under section 
55305 of this title; and
126 
‘‘(5) procedures to follow to improve crew-
member survivability if captured and taken hostage 
by pirates.’’. 
(b) DEADLINE.—The Secretary of Transportation 
shall establish the program required under the amendment 
made by subsection (a) by no later than 180 days after 
the date of enactment of this Act. 
(c) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
the following new item: 
‘‘51705. Training program for use of force against piracy.’’. 
SEC. 804. SECURITY OF GOVERNMENT IMPELLED CARGO. 
Section 55305 of title 46, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(e) 
SECURITY
OF
GOVERNMENT
IMPELLED 
CARGO.— 
‘‘(1) In order to assure the safety of vessels and 
crewmembers transporting equipment, materials, or 
commodities under this section, the Secretary of 
Transportation shall direct each department or 
agency (except the Department of Defense) respon-
sible for the carriage of such equipment, materials, 
or commodities to provide armed personnel aboard 
vessels of the United States carrying such equip-
127 
ment, materials, or commodities while transiting 
high-risk waters. 
‘‘(2) The Secretary of Transportation shall di-
rect each such department or agency to reimburse, 
subject to the availability or appropriations, the 
owners or operators of such vessels for the cost of 
providing armed personnel. 
‘‘(3) For the purposes of this subsection, the 
term ‘high-risk waters’ means waters so designated 
by the Commandant of the Coast Guard in the Port 
Security Advisory in effect on the date on which the 
voyage begins.’’. 
SEC. 805. GAO STUDY. 
Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States 
shall report to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate on efforts to track ransom payments paid to pi-
rates operating in the waters off Somalia and improve the 
prosecution of such pirates. The report shall include— 
(1) the status of Working Group 5 of the Con-
tact Group on Piracy Off the Somali Coast, any ef-
forts undertaken by the Working Group, and rec-
128 
ommendations for improving the Working Group’s 
effectiveness; 
(2) efforts undertaken by the United States 
Government to implement and enforce Executive 
Order 13536, including recommendations on how to 
better implement that order to suppress piracy; 
(3) efforts undertaken by the United States 
Government to track ransom payments made to pi-
rates operating off the coast of Somalia, the effec-
tiveness of those efforts, any operational actions 
taken based off those efforts, and recommendations 
on how to improve such tracking; 
(4) actions taken by the United States Govern-
ment to improve the international prosecution of pi-
rates captured off the coast of Somalia; and 
(5) an update on the United States Govern-
ment’s efforts to implement the recommendation 
contained in General Accountability Office report 
GAO–10–856, entitled ‘‘Maritime Security: Actions 
Needed to Assess and Update Plan and Enhance 
Collaboration among Partners Involved in Coun-
tering Piracy off the Horn of Africa’’, that metrics
129 
should be established for measuring the effectiveness 
of counter piracy efforts. 
Passed the House of Representatives November 15, 
2011. 
Attest: 
Clerk.
112TH CONGRESS 
1ST SESSION 
H. R. 2838 
AN ACT 
To authorize appropriations for the Coast Guard 
for fiscal years 2012 through 2015, and for other 
purposes.